[Federal Register Volume 83, Number 235 (Friday, December 7, 2018)]
[Notices]
[Pages 63194-63196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26597]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Dockets No. FMCSA-2017-0243, FMCSA-2017-0296, FMCSA-2017-0337, FMCSA-
2017-0340, FMCSA-2017-0342, FMCSA-2017-0356, FMCSA-2017-0361, FMCSA-
2017-0373, FMCSA-2018-0003, FMCSA-2017-0336]
Hours of Service (HOS) of Drivers; Applications for Exemption
From the Electronic Logging Device Rule
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition; denial of applications for
exemption.
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SUMMARY: As required by statute, FMCSA announces denials of 10
applications for exemptions from the hours-of service (HOS) electronic
logging device (ELD) rule. The applicants are as follows: Power and
Construction Contractors Association; Western Equipment Dealers
Association; Association of Energy Service Companies; Cudd Energy
Services, Inc.; SikhsPAC and North American Punjabi Trucker
Association; Owner- Operator Independent Drivers Association, Inc.;
American Disposal Service; Towing and Recovery Association of America;
National Electrical Contractors Association; and the Agricultural
Retailers Association. The Agency reviewed each application and any
comments received and rendered each decision based upon the merits of
the application.
DATES: On June 16, 2018, FMCSA denied 9 applications for exemption and
on July 26, 2018, the Agency denied the application of the Agricultural
Retailers Association.
FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; Telephone: 202-366-4325. Email: [email protected].
SUPPLEMENTARY INFORMATION:
Background
FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain parts of the Federal Motor Carrier Safety
Regulations. FMCSA must publish a notice of each exemption request in
the Federal Register (49 CFR 381.315(a)). The Agency must provide the
public an opportunity to inspect the information relevant to the
application, including any safety analyses that have been conducted.
The Agency must provide an opportunity for public comment on the
request.
The Agency reviews safety analyses and public comments submitted
and determines whether granting the exemption would likely achieve a
level of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)) with the reasons for denying or granting the application
and, if granted, the name of the person or class of persons receiving
the exemption, and the regulatory provision from which the exemption is
granted. In the case of denials, 49 U.S.C. 31315 explicitly states that
the Agency may meet the requirements by periodically publishing in the
Federal Register the names of persons denied exemptions and the reasons
for the denials.
Applications for Exemption
The current hours-of-service (HOS) regulations in 49 CFR 395.8(a)
require motor carriers subject to the regulation to ensure their
drivers use ELDs in place of written logs to record their duty status
for each 24-hour period. Additionally, Part 395 lists certain ELD
exceptions for short-haul operations within a 100 air-mile radius and
agricultural operations within a 150 air-mile radius.
The 10 applicants cited below applied for an exemption from the
requirement to use an ELD to record HOS for drivers subject to the
regulation for various reasons. FMCSA published Federal Register
notices requesting public comment on each application. Each notice
established a docket to provide the public an opportunity to inspect
the application and other docketed information, such as comments of
others submitted to the docket. Details of the Agency's analysis
follows.
Power and Construction Association (PCCA)
The PCCA requested that motor carriers and drivers operating
commercial motor vehicles (CMVs) in the power and communication
construction industry be allowed to use paper records of duty status
(RODS) instead of ELDs. PCCA noted that construction contractors spend
considerable time off-road on varying jobsites; a single CMV may have
several different drivers over the course of a day, moving the vehicle
short distances around the jobsite. Due to the limited time that their
drivers spend driving on public roads within a workday, PCCA states
that the ELD and RODS requirements for drivers in its industries do not
result in a significant safety benefit.
FMCSA reviewed the application and the 259 public comments
submitted. On June 16, 2018, FMCSA denied PCCA's application for
exemption because the Agency could not ensure that the exemption would
provide the requisite level of safety. A copy of the denial letter is
available for review in the docket (FMCSA-2017-0243).
Western Equipment Dealers Association (WEDA)
WEDA requested this exemption from ELD use on behalf of several
organizations and their members. Effectively, the requested exemption
would eliminate the requirement for agricultural equipment dealers to
install ELDs on their CMVs. WEDA stated that equipment dealer
operations in agriculture present unique circumstances that warrant the
requested exemption and that the failure to grant it would pose an
undue burden on equipment dealers and their customers without a
measurable safety benefit.
FMCSA reviewed the application and the 125 public comments
submitted. On June 16, 2018, FMCSA denied WEDA's application for
exemption because the Agency could not ensure that the exemption would
provide the requisite level of safety. A copy of the denial letter is
available for review in the docket (FMCSA-2017-0296).
Association of Energy Service Companies (AESC)
AESC requested this exemption to allow all drivers of well service
rigs to complete paper RODS instead of using an ELD whenever the
drivers exceeded the requirements of the short-haul exception.
According to AESC, complying with the ELD requirement would be overly
burdensome for well
[[Page 63195]]
service rig contractors without providing any measurable safety
benefit. AESC further explained that well service rig drivers spend
very little time on public roads, in contrast to long-haul truck
drivers who spend most of their on-duty hours driving on public roads.
FMCSA reviewed the application and the 8 public comments submitted.
On June 16, 2018, FMCSA denied AESC's application for exemption because
the Agency could not ensure that the exemption would provide the
requisite level of safety. A copy of the denial letter is available for
review in the docket (FMCSA-2017-0337).
Cudd Energy Services, Inc. (CES)
CES requested an exemption from the ELD requirements for its
specially trained drivers of specially constructed CMVs used in
oilfield operations to allow drivers of these infrequently driven CMVs
to complete paper RODS instead of using an ELD. FMCSA regulations
prohibit these drivers from using the short-haul exceptions to the HOS
rules. CES believes that the exemption would not have any adverse
impacts on operational safety because drivers would remain subject to
the HOS regulations as well as the requirements to maintain paper RODS.
FMCSA reviewed the application and the 8 comments submitted. None
of the comments supported the exemption. On June 16, 2018, FMCSA denied
AESC's application for exemption because the Agency could not ensure
that the exemption would provide the requisite level of safety. A copy
of the denial letter is available for review in the docket (FMCSA-2017-
0340).
SikhsPAC and North American Punjabi Trucker Association (Applicants)
These applicants requested an exemption from the ELD requirements
on behalf of their members (fresh produce shippers and small truck
businesses). According to the applicants, many of their members were
not fully prepared to meet the December 18, 2017, compliance date. The
exemption would allow members involved in segments of America's
agricultural transportation industry to delay using ELDs for one year.
The applicants asserted that the exemption, if granted, would give the
marketplace time necessary to develop cost-effective and practical
solutions for the specific needs of impacted stakeholders and would
allow FMCSA time to address training programs with compliant ELD
options.
FMCSA reviewed the application and the 41 comments submitted. On
June 16, 2018, FMCSA denied the application. The information provided
by the applicants failed to distinguish the drivers who would be
included under the exemption. The applicants failed to indicate how
they could ensure that the exemption would achieve a level of safety
equivalent to, or greater than, the level of safety that would be
obtained by compliance with the HOS regulation. A copy of the denial
letter is available for review in the docket (FMCSA-2017-0342).
Owner-Operator Independent Drivers Association, Inc. (OOIDA)
OOIDA requested a five-year exemption from the ELD rule for certain
motor carriers considered to be a small transportation trucking
business under 13 CFR 121.201. If granted, the exemption would cover
small trucking businesses that do not have a carrier safety rating of
``unsatisfactory,'' and that can document a proven history of safety
performance with no attributable at-fault crashes.
FMCSA reviewed the application and approximately 4,090 comments
submitted. An estimated 96 percent of the comments were from owner-
operators in favor of the exemption. Approximately 4 percent of the
comments were in opposition to the proposed exemption. On June 16,
2018, FMCSA denied the application. FMCSA noted that most of the
content of the application challenges the basis of the ELD rule itself,
rather than justifying an exemption for a specific segment of drivers
under applicable statutory standards. FMCSA noted further that the
application provided no consideration of the significant difficulty
that would be encountered in trying to identify and validate drivers
who meet the proposed exemption criteria, especially during roadside
inspections. A copy of the denial letter is available for review in the
docket (FMCSA-2017-0356).
American Disposal Service (ADS)
ADS is a trash hauling and recycling company operating in four
States, with over 300 drivers who hold CDLs. ADS has been using the
multiple stop rule, ``treating all the stops in a village, town or city
as one.'' ADS operations fall under the 100 air-mile short haul
exemption in Section 395.1(e)(1). When drivers exceed the 12-hour
limitation more than 8 times in any 30 consecutive days, ADS is
required to install and use ELDs in its CMVs.
ADS applied for the exemption from the ELD and paper RODS
requirements because the company does not believe ELDs can accurately
record driving time when the CMV makes constant short movements with
the driver often exiting the vehicle. FMCSA reviewed the application
and the 10 comments submitted. On June 16, 2018, FMCSA denied the
application. FMCSA concluded that ADS had not clearly explained how its
non-use of ELDs and its discontinued use of paper RODS would reach the
current level of safety that compliance with the HOS rules provides. A
copy of the denial letter is available for review in the docket (FMCSA-
2017-0361).
Towing and Recovery Association of America (TRAA)
TRAA is the national towing association representing more than
35,000 towing companies in all 50 states. TRAA has requested a 5-year
exemption for all operators of CMVs owned or leased to providers of
motor vehicle towing, recovery, and roadside repair services while
providing such services. TRAA states that towing industry operations
represent a unique and vital segment of the overall transportation
industry in America that warrants exemption from the ELD regulations.
TRAA believes that failure to grant the exemption will cause confusion
and create an overly complex regulatory framework that will pose an
undue burden on towers and their customers without any measurable
benefit to public safety.
FMCSA reviewed the application and the 250 comments submitted. On
June 16, 2018, FMCSA denied the application. FMCSA concluded that
TRAA's plan for the continued use of paper RODS and the process for
reviewing the RODS to verify accuracy would be comparable to the level
of safety provided by paper RODS prior to the implementation of the ELD
rule but would not achieve the equivalent level of safety that would be
achieved by the use of ELDs. A copy of the denial letter is available
for review in the docket (FMCSA-2017-0373).
National Electrical Contractors Association (NECA)
NECA requested an exemption from the requirement to use an ELD on
CMVs used by 4,000 contractor members who install, repair, and maintain
the infrastructure of electrical utilities. NECA believes the ELD
requirement burdens its members' operations unnecessarily. It proposed
to continue to use paper logs to record their HOS.
FMCSA reviewed the application and the 275 comments submitted. Many
of the comments were form letters in support of the application. On
June 16, 2018, FMCSA denied the application. FMCSA was unable to
determine from
[[Page 63196]]
the application and the public comments whether operations under the
requested exemption would provide a requisite level of safety. A copy
of the denial letter is available for review in the docket (FMCSA-2018-
0003).
Agricultural Retailers Association (ARA)
ARA applied for exemption from the ELD requirement on behalf of its
members who are retailers and distributors of farm-related products and
services. ARA members rely on CMVs to deliver their products and
services to farms. ARA asserted that its members were not prepared to
meet the December 18, 2017 deadline for complying with the ELD rule and
sought to obtain postponement of the deadline.
FMCSA reviewed the application and the 117 comments submitted. On
July 26, 2018, FMCSA denied the application. FMCSA was unable to
determine from the application and the public comments whether
operations under the requested exemption would provide a requisite
level of safety. A copy of the denial letter is available for review in
the docket (FMCSA-2017-0336).
Conclusion
FMCSA has reviewed these applications carefully and the comments
received and has concluded that each application lacks sufficient merit
to justify the exemptions sought. Accordingly, FMCSA denies each
application.
Issued on: November 30, 2018.
Raymond A. Martinez,
Administrator.
[FR Doc. 2018-26597 Filed 12-6-18; 8:45 am]
BILLING CODE 4910-EX-P