82_FR_18896 82 FR 18820 - Hours of Service of Drivers: Application for Exemption; G4S Secure Solutions (USA), Inc. (G4S)

82 FR 18820 - Hours of Service of Drivers: Application for Exemption; G4S Secure Solutions (USA), Inc. (G4S)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 76 (April 21, 2017)

Page Range18820-18822
FR Document2017-08092

FMCSA announces that G4S Secure Solutions (USA), Inc. (G4S) has requested an exemption from the electronic logging device (ELD) requirements in 49 CFR part 395 as applied to its drivers of customer/ government-owned vehicles used intermittently to perform passenger transportation. The G4S request is limited to operations involving customer/government-owned equipment. G4S states that this exemption, if granted, would have no adverse impact on the safety of their operations, as its drivers would continue to remain subject to the HOS regulations and would complete paper records of duty status (RODS), when applicable. FMCSA requests public comment on G4S's application for exemption.

Federal Register, Volume 82 Issue 76 (Friday, April 21, 2017)
[Federal Register Volume 82, Number 76 (Friday, April 21, 2017)]
[Notices]
[Pages 18820-18822]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-08092]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0120]


Hours of Service of Drivers: Application for Exemption; G4S 
Secure Solutions (USA), Inc. (G4S)

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

ACTION: Notice of application for exemption; request for comments.

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SUMMARY: FMCSA announces that G4S Secure Solutions (USA), Inc. (G4S) 
has requested an exemption from the electronic logging device (ELD) 
requirements in 49 CFR part 395 as applied to its drivers of customer/
government-owned vehicles used intermittently to perform passenger 
transportation. The G4S request is limited to operations involving 
customer/government-owned equipment. G4S states that this exemption, if 
granted, would have no adverse impact on the safety of their 
operations, as its drivers would continue to remain subject to the HOS 
regulations and would complete paper records of duty status (RODS), 
when applicable. FMCSA requests public comment on G4S's application for 
exemption.

DATES: Comments must be received on or before May 22, 2017.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Number FMCSA-2017-0120 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: Docket Management Facility, 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., 
Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
     Each submission must include the Agency name and the 
docket number 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. The on-line FDMS is available 24 hours each 
day, 365 days each year.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking 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 
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: For information concerning this 
notice, contact Mr. Tom Yager, Chief, FMCSA Driver and Carrier 
Operations Division; Office of Carrier, Driver and Vehicle Safety 
Standards; Telephone: 614-942-6477. Email: [email protected]. If you have 
questions on viewing or submitting

[[Page 18821]]

material to the docket, contact Docket Services, telephone (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-2017-0120), 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 comments online, go to www.regulations.gov and put 
the docket number, ``FMCSA-2017-0120'' in the ``Keyword'' box, and 
click ``Search.'' When the new screen appears, click on ``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 and may grant or not grant this application 
based on your comments.

II. Legal Basis

    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 (FMCSRs). 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 also 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. The notice must also specify the effective period and explain 
the terms and conditions of the exemption. The exemption may be renewed 
(49 CFR 381.300(b)).

III. Request for Exemption

    G4S states that it is an international security solutions group, 
with operations in more than 100 countries and more than 54,000 
employees in North America alone. G4S offers its customers a suite of 
products and services, including risk consulting and investigations, 
systems integration, security software and technology, and security 
professionals. A component of G4S's operations is detainee and prisoner 
transport. Government agencies across the country, including the U.S. 
Immigration and Customs Enforcement and state/county police 
departments, contract G4S to safely and securely transport prisoners, 
offenders, and illegal aliens. In order to perform these transportation 
services, G4S is registered with the FMCSA as a for-hire motor carrier. 
While the company maintains a relatively small fleet of vehicles, a 
significant portion of its transportation services are performed by G4S 
employees in customer/government-owned equipment (e.g., buses and 15-
passenger-vans).
    G4S is aware of the upcoming ELD mandate and fully supports the 
Agency's efforts to curb fatigued driving. Moreover, the company has 
already started the process of selecting and installing compliant ELDs 
in its own fleet of vehicles. G4S, however, believes an exemption is in 
order for instances when its drivers operate customer/government-owned 
equipment to perform passenger transportation services.
    In these instances, it is the customer, not G4S that owns and 
maintains the vehicles. For its part, G4S provides qualified drivers to 
operate the vehicles and is explicitly precluded, often by contract, 
from making any modifications to or installing any equipment in the 
vehicles. In numerous cases, G4S drivers operate different customer-
owned vehicles each and every trip--depending on which vehicles the 
customer makes available--making it that more impracticable to install 
any type of equipment in the vehicles. As the vehicles are different 
each trip, it is possible, and even probable, that any ELD equipment 
G4S might choose to employ for its own fleet of vehicles would not be 
compatible with the customer-owned vehicles, and the company's drivers 
would not be aware of that fact until it came time to operate the 
equipment on a given day.
    According to G4S, in some cases, these customer-owned vehicles may 
have been manufactured prior to the model year 2000--excluding them 
from the ELD mandate--but again, G4S drivers would not necessarily be 
privy to that fact until it came time to operate the vehicle. It is 
also possible that in some instances G4S's drivers may not operate the 
equipment beyond a 100 air-mile radius of their normal work reporting 
location and may, therefore, fall under the short-haul exemption, but 
that also is not always the case.
    In these ways, G4S claims that its operations are indistinguishable 
from driveaway-towaway operations, which, are excluded from the ELD 
mandate. In these instances, neither the carriers nor the drivers own 
the vehicles being driven, nor are they authorized to make any 
modifications to those vehicles. Similarly, in both cases, the vehicles 
at issue may only be operated by the carrier's drivers for single trip.
    The only distinction between G4S's operations and those of 
traditional driveaway-towaway companies is that the customer/
government-owned equipment operated by G4S's drivers is not the 
commodity being moved. Although this is a distinction that precludes 
G4S from taking advantage of the driveaway-towaway exemption, it is not 
one that would, from a safety perspective, warrant ELDs in G4S's case 
any more so than driveaway-towaway companies. In fact, the company 
perceives no adverse impact to safety if the FMCSA were to grant this 
exemption request, particularly in light of the existing driveaway-
towaway exemption. On the other hand, if the request was to be denied 
by FMCSA, G4S stands to potentially lose its customer contracts with 
several government agencies which, as explained, often contractually 
prohibit the company from installing any equipment in their vehicles.

IV. Method To Ensure an Equivalent or Greater Level of Safety

    For these reasons, G4S respectfully requests an exemption form the 
ELD mandate for the operation of customer/

[[Page 18822]]

government-owned equipment to provide intermittent passenger 
transportation. G4S states that the company believes that this 
exemption proposal achieves a level of safety that is equivalent to the 
ELD mandate that takes effect on December 18, 2017--because its drivers 
would still be subject to the hours-of-service (HOS) restrictions 
contained in 49 CFR part 395 and would continue to (when required) 
record their duty status on paper logbooks, just as driveaway-towaway 
drivers are authorized to do.
    A copy of G4S's application for exemption is available for review 
in the docket for this notice.

    Issued on: April 14, 2017.
Larry W. Minor,
 Associate Administrator for Policy.
[FR Doc. 2017-08092 Filed 4-20-17; 8:45 am]
 BILLING CODE 4910-EX-P



                                                18820                            Federal Register / Vol. 82, No. 76 / Friday, April 21, 2017 / Notices

                                                vision requirements (80 FR 22773; 80                    driver must provide a copy of the                     equipment. G4S states that this
                                                FR 45573):                                              annual medical certification to the                   exemption, if granted, would have no
                                                Donald A. Becker (MI)                                   employer for retention in the driver’s                adverse impact on the safety of their
                                                William T. Costie (NY)                                  qualification file and retains a copy of              operations, as its drivers would
                                                Donald W. Donaldson (GA)                                the certification on his/her person while             continue to remain subject to the HOS
                                                James L. Duck (NM)                                      driving for presentation to a duly                    regulations and would complete paper
                                                Arthur R. Hughson (AL)                                  authorized Federal, State, or local                   records of duty status (RODS), when
                                                Joseph M. Jones (ID)                                    enforcement official. The exemption                   applicable. FMCSA requests public
                                                Howard H. Key Jr. (AR)                                  will be rescinded if: (1) The person fails            comment on G4S’s application for
                                                Quang M. Pham (TX)                                      to comply with the terms and                          exemption.
                                                Glen E. Robbins (WY)                                    conditions of the exemption; (2) the                  DATES: Comments must be received on
                                                Ronald P. Schoborg (AR)                                 exemption has resulted in a lower level               or before May 22, 2017.
                                                Steven M. Tewhill (AR)                                  of safety than was maintained before it
                                                                                                                                                              ADDRESSES: You may submit comments
                                                  The drivers were included in docket                   was granted; or (3) continuation of the
                                                                                                        exemption would not be consistent with                identified by Federal Docket
                                                No. FMCSA–2014–0305. Their                                                                                    Management System (FDMS) Number
                                                exemptions are effective as of May 27,                  the goals and objectives of 49 U.S.C.
                                                                                                        31136(e) and 31315.                                   FMCSA–2017–0120 by any of the
                                                2017, and will expire on May 27, 2019.                                                                        following methods:
                                                  As of May 31, 2017, and in                            IV. Preemption                                          • Federal eRulemaking Portal:
                                                accordance with 49 U.S.C. 31136(e) and                                                                        www.regulations.gov. See the Public
                                                31315, the following 9 individuals have                    During the period the exemption is in
                                                                                                        effect, no State shall enforce any law or             Participation and Request for Comments
                                                satisfied the conditions for obtaining a                                                                      section below for further information.
                                                renewed exemption from the vision                       regulation that conflicts with this
                                                                                                        exemption with respect to a person                      • Mail: Docket Management Facility,
                                                requirements (65 FR 78256; 66 FR                                                                              U.S. Department of Transportation, 1200
                                                16311; 67 FR 46016; 67 RF 57267; 68 FR                  operating under the exemption.
                                                                                                                                                              New Jersey Avenue SE., West Building,
                                                13360; 69 FR 62741; 70 FR 12265; 70 FR                  VI. Conclusion                                        Ground Floor, Room W12–140,
                                                17504; 70 FR 30997; 71 FR 32183; 71 FR                    Based upon its evaluation of the 82                 Washington, DC 20590–0001.
                                                41310; 71 FR 62147; 72 FR 12665; 72 FR                  exemption applications, FMCSA renews                    • Hand Delivery or Courier: West
                                                12666; 72 FR 25831; 72 FR 27624; 73 FR                  the exemptions of the aforementioned                  Building, Ground Floor, Room W12–
                                                61925; 74 FR 9329; 74 FR 15586; 74 FR                   drivers from the vision requirement in                140, 1200 New Jersey Avenue SE.,
                                                19270; 76 FR 9856; 76 FR 17483; 76 FR                   49 CFR 391.41(b)(10), subject to the                  between 9 a.m. and 5 p.m., Monday
                                                18824; 76 FR 20076; 76 FR 25762; 76 FR                  requirements cited above (49 CFR                      through Friday, except Federal holidays.
                                                29024; 78 FR 16762; 78 FR 24300; 78 FR                  391.64(b)). In accordance with 49 U.S.C.                • Fax: 1–202–493–2251.
                                                26106; 79 FR 24298; 80 FR 26320):                       31136(e) and 31315, each exemption                       • Each submission must include the
                                                Robert A. Casson (KY)                                   will be valid for two years unless                    Agency name and the docket number for
                                                Gerald S. Dennis (IA)                                   revoked earlier by FMCSA.                             this notice. Note that DOT posts all
                                                John K. Fank (IL)                                                                                             comments received without change to
                                                                                                          Issued on: April 14, 2017.                          www.regulations.gov, including any
                                                Gene A. Lesher, Jr. (WV)
                                                Kenneth L. Nau (MD)                                     Larry W. Minor,                                       personal information included in a
                                                George D. Schell (IL)                                   Associate Administrator for Policy.                   comment. Please see the Privacy Act
                                                Robert D. Smith (OH)                                    [FR Doc. 2017–08079 Filed 4–20–17; 8:45 am]           heading below.
                                                Kenneth E. Suter, Jr. (OH)                              BILLING CODE 4910–EX–P                                   Docket: For access to the docket to
                                                Richard A. Westfall (OH)                                                                                      read background documents or
                                                  The drivers were included in one of                                                                         comments, go to www.regulations.gov at
                                                the following docket Nos: FMCSA–                        DEPARTMENT OF TRANSPORTATION                          any time or visit Room W12–140 on the
                                                2000–8398; FMCSA–2002–12294;                                                                                  ground level of the West Building, 1200
                                                                                                        Federal Motor Carrier Safety                          New Jersey Avenue SE., Washington,
                                                FMCSA–2005–20560; FMCSA–2006–                           Administration
                                                24783; FMCSA–2007–27333; FMCSA–                                                                               DC, between 9 a.m. and 5 p.m., ET,
                                                2011–0010; FMCSA–2011–0057. Their                       [Docket No. FMCSA–2017–0120]                          Monday through Friday, except Federal
                                                exemptions are effective as of May 31,                                                                        holidays. The on-line FDMS is available
                                                2017, and will expire on May 31, 2019.                  Hours of Service of Drivers:                          24 hours each day, 365 days each year.
                                                                                                        Application for Exemption; G4S Secure                    Privacy Act: In accordance with 5
                                                Conditions and Requirements                             Solutions (USA), Inc. (G4S)                           U.S.C. 553(c), DOT solicits comments
                                                  The exemptions are extended subject                   AGENCY: Federal Motor Carrier Safety                  from the public to better inform its
                                                to the following conditions: (1) Each                   Administration (FMCSA), DOT.                          rulemaking process. DOT posts these
                                                driver must undergo an annual physical                                                                        comments, without edit, including any
                                                                                                        ACTION: Notice of application for
                                                examination (a) by an ophthalmologist                                                                         personal information the commenter
                                                                                                        exemption; request for comments.
                                                or optometrist who attests that the                                                                           provides, to www.regulations.gov, as
                                                vision in the better eye continues to                   SUMMARY:   FMCSA announces that G4S                   described in the system of records
                                                meet the requirements in 49 CFR                         Secure Solutions (USA), Inc. (G4S) has                notice (DOT/ALL–14 FDMS), which can
                                                391.41(b)(10), and (b) by a certified                   requested an exemption from the                       be reviewed at www.dot.gov/privacy.
                                                Medical Examiner, as defined by 49 CFR                  electronic logging device (ELD)                       FOR FURTHER INFORMATION CONTACT: For
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                                                390.5, who attests that the driver is                   requirements in 49 CFR part 395 as                    information concerning this notice,
                                                otherwise physically qualified under 49                 applied to its drivers of customer/                   contact Mr. Tom Yager, Chief, FMCSA
                                                CFR 391.41; (2) each driver must                        government-owned vehicles used                        Driver and Carrier Operations Division;
                                                provide a copy of the ophthalmologist’s                 intermittently to perform passenger                   Office of Carrier, Driver and Vehicle
                                                or optometrist’s report to the Medical                  transportation. The G4S request is                    Safety Standards; Telephone: 614–942–
                                                Examiner at the time of the annual                      limited to operations involving                       6477. Email: MCPSD@dot.gov. If you
                                                medical examination; and (3) each                       customer/government-owned                             have questions on viewing or submitting


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                                                                                 Federal Register / Vol. 82, No. 76 / Friday, April 21, 2017 / Notices                                           18821

                                                material to the docket, contact Docket                  determines whether granting the                       depending on which vehicles the
                                                Services, telephone (202) 366–9826.                     exemption would likely achieve a level                customer makes available—making it
                                                SUPPLEMENTARY INFORMATION:                              of safety equivalent to, or greater than,             that more impracticable to install any
                                                                                                        the level that would be achieved by the               type of equipment in the vehicles. As
                                                I. Public Participation and Request for                 current regulation (49 CFR 381.305).                  the vehicles are different each trip, it is
                                                Comments                                                The decision of the Agency must be                    possible, and even probable, that any
                                                   FMCSA encourages you to participate                  published in the Federal Register (49                 ELD equipment G4S might choose to
                                                by submitting comments and related                      CFR 381.315(b)) with the reasons for                  employ for its own fleet of vehicles
                                                materials.                                              denying or granting the application and,              would not be compatible with the
                                                                                                        if granted, the name of the person or                 customer-owned vehicles, and the
                                                Submitting Comments
                                                                                                        class of persons receiving the                        company’s drivers would not be aware
                                                   If you submit a comment, please                      exemption, and the regulatory provision               of that fact until it came time to operate
                                                include the docket number for this                      from which the exemption is granted.                  the equipment on a given day.
                                                notice (FMCSA–2017–0120), indicate                      The notice must also specify the                         According to G4S, in some cases,
                                                the specific section of this document to                effective period and explain the terms                these customer-owned vehicles may
                                                which the comment applies, and                          and conditions of the exemption. The                  have been manufactured prior to the
                                                provide a reason for suggestions or                     exemption may be renewed (49 CFR                      model year 2000—excluding them from
                                                recommendations. You may submit                         381.300(b)).                                          the ELD mandate—but again, G4S
                                                your comments and material online or                                                                          drivers would not necessarily be privy
                                                by fax, mail, or hand delivery, but                     III. Request for Exemption                            to that fact until it came time to operate
                                                please use only one of these means.                        G4S states that it is an international             the vehicle. It is also possible that in
                                                FMCSA recommends that you include                       security solutions group, with                        some instances G4S’s drivers may not
                                                your name and a mailing address, an                     operations in more than 100 countries                 operate the equipment beyond a 100 air-
                                                email address, or a phone number in the                 and more than 54,000 employees in                     mile radius of their normal work
                                                body of your document so the Agency                     North America alone. G4S offers its                   reporting location and may, therefore,
                                                can contact you if it has questions                     customers a suite of products and                     fall under the short-haul exemption, but
                                                regarding your submission.                              services, including risk consulting and               that also is not always the case.
                                                   To submit your comments online, go                   investigations, systems integration,                     In these ways, G4S claims that its
                                                to www.regulations.gov and put the                      security software and technology, and                 operations are indistinguishable from
                                                docket number, ‘‘FMCSA–2017–0120’’                      security professionals. A component of                driveaway-towaway operations, which,
                                                in the ‘‘Keyword’’ box, and click                       G4S’s operations is detainee and                      are excluded from the ELD mandate. In
                                                ‘‘Search.’’ When the new screen                         prisoner transport. Government agencies               these instances, neither the carriers nor
                                                appears, click on ‘‘Comment Now!’’                      across the country, including the U.S.                the drivers own the vehicles being
                                                button and type your comment into the                   Immigration and Customs Enforcement                   driven, nor are they authorized to make
                                                text box in the following screen. Choose                and state/county police departments,                  any modifications to those vehicles.
                                                whether you are submitting your                         contract G4S to safely and securely                   Similarly, in both cases, the vehicles at
                                                comment as an individual or on behalf                   transport prisoners, offenders, and                   issue may only be operated by the
                                                of a third party and then submit. If you                illegal aliens. In order to perform these             carrier’s drivers for single trip.
                                                submit your comments by mail or hand                    transportation services, G4S is                          The only distinction between G4S’s
                                                delivery, submit them in an unbound                     registered with the FMCSA as a for-hire               operations and those of traditional
                                                format, no larger than 81⁄2 by 11 inches,               motor carrier. While the company                      driveaway-towaway companies is that
                                                suitable for copying and electronic                     maintains a relatively small fleet of                 the customer/government-owned
                                                filing. If you submit comments by mail                  vehicles, a significant portion of its                equipment operated by G4S’s drivers is
                                                and would like to know that they                        transportation services are performed by              not the commodity being moved.
                                                reached the facility, please enclose a                  G4S employees in customer/                            Although this is a distinction that
                                                stamped, self-addressed postcard or                     government-owned equipment (e.g.,                     precludes G4S from taking advantage of
                                                envelope. FMCSA will consider all                       buses and 15-passenger-vans).                         the driveaway-towaway exemption, it is
                                                comments and material received during                      G4S is aware of the upcoming ELD                   not one that would, from a safety
                                                the comment period and may grant or                     mandate and fully supports the                        perspective, warrant ELDs in G4S’s case
                                                not grant this application based on your                Agency’s efforts to curb fatigued                     any more so than driveaway-towaway
                                                comments.                                               driving. Moreover, the company has                    companies. In fact, the company
                                                                                                        already started the process of selecting              perceives no adverse impact to safety if
                                                II. Legal Basis                                         and installing compliant ELDs in its                  the FMCSA were to grant this
                                                   FMCSA has authority under 49 U.S.C.                  own fleet of vehicles. G4S, however,                  exemption request, particularly in light
                                                31136(e) and 31315 to grant exemptions                  believes an exemption is in order for                 of the existing driveaway-towaway
                                                from certain parts of the Federal Motor                 instances when its drivers operate                    exemption. On the other hand, if the
                                                Carrier Safety Regulations (FMCSRs).                    customer/government-owned                             request was to be denied by FMCSA,
                                                FMCSA must publish a notice of each                     equipment to perform passenger                        G4S stands to potentially lose its
                                                exemption request in the Federal                        transportation services.                              customer contracts with several
                                                Register (49 CFR 381.315(a)). The                          In these instances, it is the customer,            government agencies which, as
                                                Agency must provide the public an                       not G4S that owns and maintains the                   explained, often contractually prohibit
                                                                                                        vehicles. For its part, G4S provides
sradovich on DSK3GMQ082PROD with NOTICES




                                                opportunity to inspect the information                                                                        the company from installing any
                                                relevant to the application, including                  qualified drivers to operate the vehicles             equipment in their vehicles.
                                                any safety analyses that have been                      and is explicitly precluded, often by
                                                conducted. The Agency must also                         contract, from making any modifications               IV. Method To Ensure an Equivalent or
                                                provide an opportunity for public                       to or installing any equipment in the                 Greater Level of Safety
                                                comment on the request.                                 vehicles. In numerous cases, G4S                        For these reasons, G4S respectfully
                                                   The Agency reviews safety analyses                   drivers operate different customer-                   requests an exemption form the ELD
                                                and public comments submitted, and                      owned vehicles each and every trip—                   mandate for the operation of customer/


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                                                18822                            Federal Register / Vol. 82, No. 76 / Friday, April 21, 2017 / Notices

                                                government-owned equipment to                           (These telephone numbers are not toll                 estimates the total annual burden hours
                                                provide intermittent passenger                          free.)                                                as 6,600 hours, but ARI estimates 53,200
                                                transportation. G4S states that the                     SUPPLEMENTARY INFORMATION:      The PRA,              hours based on the assumption that
                                                company believes that this exemption                    44 U.S.C. 3501–3520, and its                          each inspection and test will take 26.5
                                                proposal achieves a level of safety that                implementing regulations, 5 CFR part                  hours;
                                                is equivalent to the ELD mandate that                                                                            (4) FRA estimated no total annual
                                                                                                        1320, require Federal agencies to issue
                                                takes effect on December 18, 2017—                                                                            burden hours for removal of tank linings
                                                                                                        two notices seeking public comment on
                                                because its drivers would still be subject                                                                    to perform visual inspections on 0
                                                                                                        information collection activities before
                                                to the hours-of-service (HOS)                                                                                 percent of the cars to be inspected. ARI
                                                                                                        OMB may approve paperwork packages.
                                                restrictions contained in 49 CFR part                                                                         estimates 2 hours per car or an
                                                                                                        44 U.S.C. 3506, 3507; 5 CFR 1320.5,
                                                395 and would continue to (when                                                                               additional 1,320 total annual burden
                                                                                                        1320.8(d)(1), and 1320.12. On December
                                                required) record their duty status on                                                                         hours;
                                                                                                        21, 2016, FRA published a 60-day notice                  (5) To train and test tank car
                                                paper logbooks, just as driveaway-                      in the Federal Register soliciting
                                                towaway drivers are authorized to do.                                                                         mechanics who are not qualified on
                                                                                                        comment on the ICR for which it is now                non-destructive testing (NDT)
                                                   A copy of G4S’s application for                      seeking OMB approval. See 81 FR
                                                exemption is available for review in the                                                                      procedures and record qualification,
                                                                                                        93725. On February 21, 2017, FRA                      FRA estimated the total annual burden
                                                docket for this notice.                                 received one comment in response to                   as 132 hours, but ARI estimates 640
                                                  Issued on: April 14, 2017.                            the 60-day notice from Mr. Jeffrey S.                 hours. ARI asserts FRA did not take into
                                                Larry W. Minor,                                         Hollister, President and CEO of                       account the need to train 100 inspectors,
                                                Associate Administrator for Policy.                     American Railcar Industries (ARI), Inc.               develop the NDT procedures, or prepare
                                                [FR Doc. 2017–08092 Filed 4–20–17; 8:45 am]                Many of ARI’s comments focus on the                specimens and training procedures;
                                                BILLING CODE 4910–EX–P
                                                                                                        substantive merits of the Railworthiness                 (6) For tank car notification to all
                                                                                                        Directive and Revised Railworthiness                  parties of the terms of the Directive and
                                                                                                        Directive (collectively RWD or Directive              inspection/testing schedule, FRA
                                                DEPARTMENT OF TRANSPORTATION                            unless stated otherwise) this ICR                     estimated the total annual burden as 100
                                                                                                        pertains to and FRA’s authority to issue              hours, but ARI estimates 8,800 hours.
                                                Federal Railroad Administration                         the RWD. Because these comments are                   ARI notes that ‘‘FRA estimates only 100
                                                                                                        outside the scope of the PRA burden                   notices at one hour each while ARI
                                                [Docket No. FRA–2017–0002–N–11]                         analyzed in this notice, and because the              assumes this task requires the
                                                                                                        RWD is currently the subject of a legal               development of over 2,200 plans at 4
                                                Proposed Agency Information                             action brought by ARI, FRA cannot                     hours per car to get each car to a shop,
                                                Collection Activities; Comment                          respond to those comments in this                     develop a freight plan, shop schedule,
                                                Request                                                 notice. Consistent with the PRA,                      and out-of-service time’’;
                                                                                                        however, FRA is addressing each of                       (7) For reports of inspection, test, and
                                                AGENCY: Federal Railroad                                ARI’s comments on the accuracy of                     repair to FRA, ARI states FRA estimated
                                                Administration (FRA), Department of                     FRA’s estimates of the burdens of the                 the total annual burden hours as 3,300
                                                Transportation (DOT).                                   information collection activities                     hours, but ARI estimates 6,600 hours.
                                                ACTION: Notice and comment request.                     associated with the RWD.                              (FRA notes that, in its approved
                                                                                                           In its comments, ARI expresses the                 Emergency Clearance submission to
                                                SUMMARY:   Under the Paperwork
                                                                                                        view ‘‘FRA dramatically underestimates                OMB, it previously estimated this
                                                Reduction Act of 1995 (PRA), this notice
                                                                                                        the burdens created by the information                burden at 33,600 hours, not the
                                                announces FRA is forwarding for
                                                                                                        collection activities required by the                 erroneous 3,300 hours in its 60-day
                                                renewal the Information Collection
                                                                                                        Directive.’’ Specifically, ARI alleges                December 21, 2016, Federal Register
                                                Request (ICR) abstracted below to the
                                                                                                        FRA’s burden estimates are too low in                 notice which ARI cited in its
                                                Office of Management and Budget
                                                                                                        the following eight instances:                        comments). ARI explains it estimates 3
                                                (OMB) for review and comment. The
                                                                                                           (1) To identify the 14,800 tank cars               hours per car/report ‘‘in order to include
                                                ICR describes the information collection
                                                                                                        subject to the Directive, FRA estimated               the time ARI spends to review the
                                                and its expected burden. On December
                                                                                                        the total annual burden as 80 hours, but              reports, correct factual errors, store
                                                21, 2016, FRA published a notice
                                                                                                        ARI estimates 900 hours because ‘‘the                 results, update the database and provide
                                                providing a 60-day period for public
                                                                                                        time calculated to respond to 100                     summaries to the FRA’’; and
                                                comment on the ICR.
                                                                                                        lessees at 4 hours each is 400 hours,                    (8) For tank car facility requests to
                                                DATES: Comments must be submitted on                    plus FRA failed to account for 500 hours              tank car owners for written permission
                                                or before May 22, 2017.                                 ARI already has invested in supporting                and approval of qualification and
                                                FOR FURTHER INFORMATION CONTACT: Mr.                    customer requests for information on                  maintenance programs, FRA estimated
                                                Robert Brogan, Information Collection                   the application of the Directive to their             the total annual burden as 7 hours, but
                                                Clearance Officer, Office of Railroad                   cars’’;                                               ARI estimates 660 hours for 330 cars
                                                Safety, Regulatory Analysis Division,                      (2) To visually inspect the 14,800 tank            (15%) which will require owner’s
                                                RRS–21, Federal Railroad                                cars prior to each loaded trip, FRA                   approval and instructions prior to repair
                                                Administration, 1200 New Jersey                         estimated the total annual burden as                  which will require 2 hours per car.
                                                Avenue SE., Mail Stop 25, Washington,                   7,400 hours, but ARI estimates 98,667                    After careful consideration of ARI’s
                                                DC 20590 (Telephone: (202) 493–6292);                   hours. ARI estimates an average of 20                 comments and estimates, FRA reviewed
sradovich on DSK3GMQ082PROD with NOTICES




                                                or Ms. Kim Toone, Information                           railcar loadings and 20 minutes for each              its own estimates and either validated
                                                Collection Clearance Officer, Office of                 inspection and the associated                         its initial estimates or adjusted its
                                                Administration, Office of Information                   documentation requirements;                           estimates in light of ARI’s comments. As
                                                Technology, RAD–20, Federal Railroad                       (3) To inspect and test the sump and               a result, FRA now estimates a total
                                                Administration, 1200 New Jersey                         bottom outlet valve (BOV) skid groove                 annual burden for this ICR in excess of
                                                Avenue SE., Mail Stop 35, Washington,                   attachment welds and maintain record                  the 68,953 hours originally approved by
                                                DC 20590 (Telephone: (202) 493–6132).                   results for over 2,200 tank cars, FRA                 OMB on October 18, 2016, in FRA’s


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Document Created: 2017-04-21 01:18:55
Document Modified: 2017-04-21 01:18:55
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of application for exemption; request for comments.
DatesComments must be received on or before May 22, 2017.
ContactFor information concerning this notice, contact Mr. Tom Yager, Chief, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 614-942-6477. Email: [email protected] If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366- 9826.
FR Citation82 FR 18820 

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