[Federal Register Volume 87, Number 175 (Monday, September 12, 2022)]
[Notices]
[Pages 55887-55889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19556]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0428]


Hours of Service of Drivers: Truck Renting and Leasing 
Association, Inc. (TRALA); Application for Exemption Renewal

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of provisional renewal of exemption; request for 
comments.

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SUMMARY: FMCSA announces its decision to provisionally renew the Truck 
Renting and Leasing Association, Inc. (TRALA) exemption from the 
provisions that require a motor carrier to install and require each of 
its drivers to use an electronic logging device (ELD) to record the 
driver's hours-of-service (HOS). The exemption allows drivers of 
property carrying commercial motor

[[Page 55888]]

vehicles (CMVs) rented for 8 days or less, regardless of reason, to not 
use an ELD in the vehicle. These drivers remain subject to the standard 
HOS limits and must maintain a paper record of duty status (RODS) if 
required. The exemption renewal is for 5 years.

DATES: This renewed exemption is effective October 12, 2022, and 
expires on October 12, 2027. Comments must be received on or before 
October 12, 2022.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Number FMCSA-2016-0428 by any of the following 
methods:
     Federal eRulemaking Portal: www.regulations.gov. See the 
Public Participation and Request for Comments section below for further 
information.
     Mail: Dockets Operations, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m. 
E.T., Monday through Friday, except Federal holidays.
     Fax: (202) 493-2251.
    Each submission must include the Agency name and the docket number 
(FMCSA-2016-0428) for this notice. Note that DOT posts all comments 
received without change to www.regulations.gov, including any personal 
information included in a comment. Please see the Privacy Act heading 
below.
    Docket: For access to the docket to read background documents or 
comments, go to www.regulations.gov at any time or visit Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue SE, 
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, 
except Federal holidays. To be sure someone is there to help you, 
please call (202) 366-9317 or (202) 366-9826 before visiting Dockets 
Operations.
    Privacy Act: In accordance with 49 U.S.C. 31315(b), DOT solicits 
comments from the public to better inform its exemption process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to www.regulations.gov, as described in the 
system of records notice DOT/ALL 14 -FDMS, which can be reviewed at 
https://www.transportation.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards, FMCSA, at (202) 385-2415 or by email at 
[email protected]. If you have questions on viewing or 
submitting material to the docket, contact Dockets Operations at (202) 
366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and 
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (FMCSA-2016-0428), indicate the specific section of this 
document to which the comment applies, and provide a reason for 
suggestions or recommendations. You may submit your comments and 
material online or by fax, mail, or hand delivery, but please use only 
one of these means. FMCSA recommends that you include your name and a 
mailing address, an email address, or a phone number in the body of 
your document so the Agency can contact you if it has questions 
regarding your submission.
    To submit your comment online, go to www.regulations.gov and put 
the docket number (``FMCSA-2016-0428'') in the ``Keyword'' box, and 
click ``Search.'' When the new screen appears, click on the ``Comment 
Now!'' button and type your comment into the text box in the following 
screen. Choose whether you are submitting your comment as an individual 
or on behalf of a third party and then submit. If you submit your 
comments by mail or hand delivery, submit them in an unbound format, no 
larger than 8\1/2\ by 11 inches, suitable for copying and electronic 
filing. If you submit comments by mail and would like to know that they 
reached the facility, please enclose a stamped, self-addressed postcard 
or envelope. FMCSA will consider all comments and material received 
during the comment period.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b)(2) and 49 
CFR 381.300(b) to renew an exemption from the Federal Motor Carrier 
Safety Regulations for a 5-year period if it finds ``such exemption 
would likely achieve a level of safety that is equivalent to, or 
greater than, the level that would be achieved absent such exemption.'' 
TRALA has requested a five-year extension of the current exemption in 
Docket No. FMCSA-2016-0428.

III. Background

Current Regulatory Requirements

    Under FMCSA's electronic logging device (ELD) regulations in 49 CFR 
395.8(a)(1)(i) a motor carrier subject to the requirements of part 395 
must require each driver used by the motor carrier to record the 
driver's duty status for each 24-hour period using the method 
prescribed in Sec.  395.8(a)(1)(i)-(iv), as applicable. Subject to 
Sec.  395.8(a)(1)(ii) and (iii), a motor carrier operating CMVs must 
install and require each of its drivers to use an ELD to record the 
driver's duty status in accordance with 49 CFR part 395, subpart B, no 
later than December 18, 2017.

Application for Renewal of Exemption

    FMCSA published notice of TRALA's initial application for exemption 
from 49 CFR 395.8(a)(1)(i) on March 22, 2017 (82 FR 14789) describing 
the nature of TRALA's operations and application. FMCSA published a 
notice granting TRALA's exemption request on October 11, 2017. TRALA's 
current exemption will expire on October 11, 2022 (82 FR 47306). In 
granting the exemption, FMCSA found that TRALA would achieve a level of 
safety that was equivalent to, or greater than, the level of safety 
that would be obtained by complying with the regulation.
    TRALA requests a renewal of the exemption for a 5-year period.

IV. Equivalent Level of Safety

    In granting the original exemption request, FMCSA determined that 
exempt drivers and motor carriers would likely achieve a level of 
safety equivalent to, or greater than, the level of safety achieved 
without the exemption. FMCSA noted in its October 11, 2017, notice that 
the Agency believed that an exemption period of up to 8 days for 
drivers of rental CMVs would give most carriers sufficient time to 
repair or replace their usual vehicles while minimizing any temptation 
to extend non-ELD operations. The use of paper RODS would not create an 
undue risk of noncompliance when limited to this short period of time.
    The Agency reasoned that the 8-day exemption period coincides with 
49 CFR 395.34(d), which allows a driver an 8-day window to use paper 
RODS when the motor carrier receives or discovers information about an 
ELD malfunction. Furthermore, while operating under this exemption, 
drivers would remain subject to the standard HOS limits, maintain a 
paper RODS if required, and maintain a copy of the rental agreement on 
the vehicle.
    In its June 25, 2022, application for renewal, TRALA describes the 
technical and practical difficulties of providing rental CMVs with ELDs 
that are compatible with renters' own systems,

[[Page 55889]]

and the problems that would be encountered if the renting motor carrier 
attempted to use their own ELDs in the rental vehicle. TRALA states 
that the exemption will not serve as an incentive for motor carriers to 
use short-term rentals to avoid the ELD requirements generally. Short-
term rentals have a substantially higher per day or weekly rental fee 
than vehicles leased for longer periods, making it significantly more 
costly for companies to continually rent for 8 days at a time over the 
long term. TRALA also states that enforcement officers can readily 
determine that the vehicle is a short-term rental because drivers are 
required to provide a copy of the rental agreement to the officer on 
demand.
    FMCSA is unaware of any evidence of a degradation of safety 
attributable to the current exemption for TRALA. There is no indication 
of an adverse impact on safety while operating under the terms and 
conditions specified in the initial exemption. FMCSA concludes that 
provisionally extending the original exemption granted on October 11, 
2017, for another five years, under the terms and conditions listed 
below, will likely achieve a level of safety that is equivalent to, or 
greater than, the level of safety achieved without the exemption.

V. Exemption Decision

A. Grant of Exemption

    FMCSA provisionally renews the exemption for a period of five years 
subject to the terms and conditions of this decision and the absence of 
public comments that would cause the Agency to terminate the exemption 
under Sec. V.F. below. The exemption from the requirements of 49 CFR 
395.8(a)(1)(i), is otherwise effective October 12, 2022, through 
October 12, 2027, 11:59 p.m. local time, unless renewed or rescinded.

B. Applicability of Exemption

    The exemption excuses motor carriers and drivers of property-
carrying CMVs rented for a period of eight days or fewer from the 
requirement to install and use an ELD to record the driver's RODS. This 
exemption covers a rental period of eight days or fewer, regardless of 
reason for the rental.

C. Terms and Conditions

    When operating under this exemption, TRALA and its member company 
drivers are subject to the following terms and conditions:
    (1) TRALA and its drivers must comply with all other applicable 
Federal Motor Carrier Safety Regulations (49 CFR part 350-399).
    (2) Evidence that a carrier has replaced one rental CMV with 
another on eight-day cycles or attempted to renew a rental agreement 
for the same CMV for an additional eight days will be regarded as a 
violation of the exemption and subject the carrier and driver to the 
penalties for failure to use an ELD.
    (3) Drivers must have a copy of this notice in their possession 
while operating under the terms of the exemption. The exemption 
document must be presented to law enforcement officials upon request.
    (4) Drivers must have a copy of the rental agreement in the CMV, 
and make it available to law enforcement officers on request. The 
agreement must clearly identify the parties to the agreement, the 
vehicle, and the dates of the rental period.
    (5) Drivers must possess copies of their RODS for the current day 
and the prior seven days, if required on those days.

D. Preemption

    In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR 
381.600, during the period this exemption is in effect, no State shall 
enforce any law or regulation applicable to interstate commerce that 
conflicts with or is inconsistent with this exemption with respect to a 
firm or person operating under the exemption. States may, but are not 
required to, adopt the same exemption with respect to operations in 
intrastate commerce.

E. Notification to FMCSA

    Carriers operating under this exemption must notify FMCSA within 
five business days of any accident (as defined in 49 CFR 390.5), 
involving any of the motor carrier's drivers operating under the terms 
of this exemption. The notification must include the following 
information:
    (a) Identity of Exemption: ``TRALA''
    (b) Date of the accident,
    (c) City or town, and State, in which the accident occurred, or 
closest to the accident scene,
    (d) Driver's name and license number,
    (e) Co-driver's name and license number,
    (f) Vehicle number and State license number,
    (g) Number of individuals suffering physical injury,
    (h) Number of fatalities,
    (i) The police-reported cause of the accident,
    (j) Whether the driver was cited for violation of any traffic laws, 
motor carrier safety regulations, and
    (k) The total driving time and total on-duty time period prior to 
the accident. Reports filed under this provision shall be emailed to 
[email protected].

F. Termination

    FMCSA does not believe the drivers covered by this exemption will 
experience any deterioration of their safety record. The exemption will 
be rescinded if: (1) Motor carriers and drivers operating under the 
exemption fail to comply with the terms and conditions of the 
exemption; (2) the exemption has resulted in a lower level of safety 
than was maintained before it was granted; or (3) continuation of the 
exemption would not be consistent with the goals and objects of 49 
U.S.C. 31136(e) and 31315.

VI. Request for Comments

    In accordance with 49 U.S.C. 31315(b), FMCSA requests public 
comment from all interested persons on TRALA's application for an 
exemption from the provisions in 49 CFR 395.8(a)(1)(i) that require a 
motor carrier to install and require each of its drivers to use an ELD 
to record the driver's HOS. The exemption allows drivers of property 
carrying CMVs rented for 8 days or less, regardless of reason, to not 
use an ELD in the vehicle. All comments received before the close of 
business on the comment closing date indicated at the beginning of this 
notice will be considered and will be available for examination in the 
docket at the location listed under the Addresses section of this 
notice. Comments received after the comment closing date will be filed 
in the public docket and will be considered to the extent practicable. 
In addition to late comments, FMCSA will also continue to file, in the 
public docket, relevant information that becomes available after the 
comment closing date. Interested persons should continue to examine the 
public docket for new material.

Robin Hutcheson,
Deputy Administrator.
[FR Doc. 2022-19556 Filed 9-9-22; 8:45 am]
BILLING CODE 4910-EX-P