82 FR 26832 - Parts and Accessories Necessary for Safe Operation; Application for an Exemption From United Parcel Service Inc.
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 82, Issue 110 (June 9, 2017)
Federal Motor Carrier Safety Administration
Federal Register Volume 82, Issue 110 (June 9, 2017)
| Page Range | 26832-26835 | |
| FR Document | 2017-11998 |
[Federal Register Volume 82, Number 110 (Friday, June 9, 2017)] [Notices] [Pages 26832-26835] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-11998] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2017-0054] Parts and Accessories Necessary for Safe Operation; Application for an Exemption From United Parcel Service Inc. AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of application for exemption; request for comments. ----------------------------------------------------------------------- SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) requests public comment on an application from United Parcel Service, Inc. (UPS) for exemption from various provisions of the mandate to use electronic logging devices (ELDs). Specifically, UPS is requesting an exemption (1) to allow an alternative ELD phase-in method for fleets using compliant automatic on-board recording devices (AOBRDs); (2) from the requirement that an ELD automatically record certain data elements upon a duty status change when a driver is not in the vehicle; (3) to allow ELDs to be configured with a special driving mode for yard moves that does not require the driver to re-input yard move status every time the tractor is powered off; and (4) to allow vehicle movements of less than one mile on UPS property by non-CDL UPS drivers to be annotated as ``on property--other.'' UPS believes that the requested temporary exemptions will maintain a level of safety that is equivalent to, or greater than, the level of safety achieved without the exemption. DATES: Comments must be received on or before July 10, 2017. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket ID FMCSA-2017-0054 using any of the following methods:Web site: http://www.regulations.gov. Follow the [[Page 26833]] instructions for submitting comments on the Federal electronic docket site. Fax: 1-202-493-2251. Mail: Docket Management Facility, U.S. Department of Transportation, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. Hand Delivery: Ground Floor, Room W12-140, DOT Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m. e.t., Monday-Friday, except Federal holidays. Instructions: All submissions must include the Agency name and docket number for this notice. For detailed instructions on submitting comments and additional information on the exemption process, see the ``Public Participation'' heading below. Note that all comments received will be posted without change to http://www.regulations.gov, including any personal information provided. Please see the ``Privacy Act'' heading for further information. Docket: For access to the docket to read background documents or comments received, go to http://www.regulations.gov or to Room W12-140, DOT Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. 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. Public participation: The http://www.regulations.gov Web site is generally available 24 hours each day, 365 days each year. You may find electronic submission and retrieval help and guidelines under the ``help'' section of the http://www.regulations.gov Web site as well as the DOT's http://docketsinfo.dot.gov Web site. If you would like notification that we received your comments, please include a self- addressed, stamped envelope or postcard or print the acknowledgment page that appears after submitting comments online. FOR FURTHER INFORMATION CONTACT: Mrs. Amina Fisher, Vehicle and Roadside Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC-PSV, (202) 366-2782, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. SUPPLEMENTARY INFORMATION: Background Section 4007 of the Transportation Equity Act for the 21st Century (TEA- 21) [Pub. L. 105-178, June 9, 1998, 112 Stat. 401] amended 49 U.S.C. 31315 and 31136(e) to provide authority to grant exemptions from the Federal Motor Carrier Safety Regulations (FMCSRs). On August 20, 2004, FMCSA published a final rule (69 FR 51589) implementing section 4007. Under this rule, FMCSA must publish a notice of each exemption request in the Federal Register (49 CFR 381.315(a)). The Agency must provide the public with 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 the safety analyses and the public comments 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)). If the Agency denies the request, it must state the reason for doing so. If the decision is to grant the exemption, the notice must specify the person or class of persons receiving the exemption and the regulatory provision or provisions from which an exemption is granted. The notice must specify the effective period of the exemption (up to 5 years) and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.315(c) and 49 CFR 381.300(b)). UPS Application for Exemption UPS has applied for an exemption from various provisions of 49 CFR part 395 regarding the use of ELDs. Specifically, UPS has requested a temporary exemption (1) to allow an alternative ELD phase-in method for fleets using compliant automatic on-board recording devices (AOBRDs); (2) from the requirement that an ELD automatically record certain data elements upon a duty status change when a driver is not in the vehicle; (3) to allow ELDs to be configured with a special driving mode for yard moves that does not require the driver to re-input yard move status every time the tractor is powered off; and (4) to allow vehicle movements of less than one mile conducted on UPS property by non-CDL UPS drivers to be annotated as ``on property--other.'' A copy of the application is included in the docket referenced at the beginning of this notice. Alternative ELD Phase-In Method Subject to limited exceptions, section 395.8(a)(1)(i) of the FMCSRs requires motor carriers to install and use ELDs that comply with the technical specifications prescribed for those devices no later than December 18, 2017. However, section 395.8(a)(1)(ii) allows a motor carrier that installs, and requires its drivers to use, compliant AOBRDs before the December 18, 2017, compliance date to continue to use those AOBRDs until December 16, 2019, thereby providing a 2-year grandfather period for devices installed prior to the compliance date. In support of its application, UPS states: UPS firmly believes that the best way to transition its operations from AOBRDs to ELDs will be on a site-by-site basis. UPS currently plans to convert approximately 2800 tractors at approximately 35 sites from AOBRDs to ELDs in 2017, and plans to convert the remaining tractors (at 141 sites) during 2018. Deploying ELDs by site will minimize the significant costs, including training costs, related to moving the fleet and workforce from AOBRDs to ELDs. A site-by-site approach will also minimize the risk of errors and confusion that would be encountered if two different types of devices were used simultaneously at a given location. The difficulty large motor carriers like UPS face is with FMCSA's decision to permit grandfathering only on a vehicle, and not a fleet-wide basis. UPS plans to purchase approximately 1530 new tractors in 2018, i.e., after the grandfathering deadline but before the ELD implementation date for grandfathered vehicles. Of these, 1061 will replace existing tractors (the majority of which are currently using AOBRDs) that have reached the end of life, and 469 will be new tractors to accommodate projected growth. These new tractors will be delivered to UPS facilities across the country consistent with operational needs. At a typical location, approximately 12 percent of tractors would be newly purchased. If no temporary exemption were granted, large carriers would be required to use ELDs in all of the new tractors delivered after 12/ 18/2017. The result would be that UPS facilities that had not been converted as of that date would have both vehicles using ELDs at the same time. It is routine for all UPS drivers at a given location to use multiple tractors in the course of a week or month. If a site had both vehicles using AOBRDs and vehicles using ELDs, under UPS's current business practices, drivers would necessarily be using both types of devices. This would create complex and difficult situations to manage. For example, if a driver used both an AOBRD and an ELD during the course of a week, there would not be a single, complete log reflecting the driver's hours of service. If, on the other hand, each driver at a given location were restricted to only the vehicles [[Page 26834]] at that location using AOBRDs or only the vehicles at that location using ELDs, that would cause significant operational disruption and inefficiency. In addition to drivers, UPS exempt employees' fuel, shift and work on tractors in the yard. If vehicles using ELDs were deployed to a site where the majority of vehicles still used AOBRDs, these employees would have to be trained to identify ELD tractors and comply with ELD requirements, while simultaneously working with vehicles using AOBRDs. Furthermore, UPS would incur significant cost to train and deploy ELDs for these few exceptions, and the deployment team would also need to return to the site at a later date to finish ELD deployment on the rest of the fleet. Based on the above, UPS requests an exemption from section 395.8(a)(1)(i) to allow the installation of AOBRDs on new truck tractors delivered to UPS sites after the December 18, 2017 compliance date, where the existing vehicles at that site are equipped with compliant AOBRDs. UPS believes that using a site-based approach, as described above, will (1) eliminate confusion on the part of drivers and other personnel that would result from using both ELDs and AOBRDs at the same location, and (2) avoid operational and potential enforcement issues that could arise from a driver using different types of devices to record hour-of-service over a given period of time. UPS states that under the proposed temporary exemption, all vehicles will be fully ELD-compliant by the expiration date of the AOBRD grandfather period specified in section 395.8(a)(1)(ii), December 16, 2019. Recording of ELD Data Elements An ELD is required to automatically record a number of specific data elements at certain events, to include (1) when a driver indicates a change of duty status under section 395.24(b) (see section 395.26(c)), and (2) when an authorized user logs into or out of an ELD (see section 395.26(g)). In support of its application, UPS states: All UPS drivers are covered under a bargaining unit agreement between the Teamsters Union and UPS. Under that agreement, UPS drivers are, for the most part, paid by the hour. UPS drivers use electronic devices and punch in for work on those devices while they are still in the dispatch building. They then walk to their vehicle and inspect the vehicle prior to moving the tractor. Upon implementation of the ELD rule UPS will be using FMCSR-compliant portable, driver-based ELD devices. Similarly, at the end of a work day all UPS drivers walk from their vehicles to a UPS dispatch office and then clock out using the AOBRD devices once all work is done. UPS drivers perform many other duties away from the tractor including training, attending safety meetings and working in the facility. In a typical UPS location, UPS drivers spend an average of 24 minutes prior to entering the vehicle and 22 minutes after exiting the vehicle on the clock. Significantly, in many situations the vehicle an employee will be, or was, using will be occupied by another employee while the employee is still on duty for UPS. UPS cannot both comply with the requirement that an ELD record tractor data when a driver logs in or out (or otherwise changes duty status while outside of the vehicle) and also comply with our bargaining unit contract and pay guidelines for our drivers. Based on the above, UPS requests an exemption from the requirement to record the specific data elements identified in sections 395.26(c) and 395.26(g) if the driver is not in the vehicle when (1) the driver indicates a change of duty status, or (2) an authorized user logs into or out of an ELD, respectively. Instead, to assure accurate recording of on-duty, not driving time, UPS proposes that it will ``systematically annotate that the driver was performing other work.'' UPS believes that the proposed exemption ``will have no impact on the recordation of driving time'' as all required vehicle data will be recorded when the driver is in the vehicle, and ``the tractor data that would not be recorded when the driver is not in the vehicle is not relevant to assessing the accurate recordation of `on-duty, not driving' time.'' Special Driving Mode for Yard Moves Section 395.28(a) of the FMCSRs permits a motor carrier to configure an ELD to authorize a driver to indicate that the driver is operating a commercial motor vehicle (CMV) under certain special driving categories, including (1) authorized personal use, and (2) and yard moves. Section 395.28(a)(2) requires a driver to select the applicable special driving category on the ELD before the start of the status, and to deselect it when the indicated status ends. In support of its application, UPS states: UPS is requesting a temporary exemption to allow a special driving mode for yard moves that will not require a driver to repeatedly indicate that status. Most of UPS's feeder drivers are required to complete yard moves as part of their scheduled work. This entails the driver moving trailers that are already sitting uncoupled on a yard as well as coupling or uncoupling inbound and outbound trailers. Not only do feeder drivers perform yard moves at the beginning or end of trips, they sometimes are assigned to yard duty for a portion of their shifts, which can entail moving as many as 10 loads per hour within the yard. As a safety precaution, UPS requires our drivers to remove the keys each time they exit the tractor. Consistent with this requirement, they driver will power the tractor down to couple a trailer and then power the tractor down again to uncouple. An average UPS site has over 100 drivers, with the majority of drivers completing several yard moves in the course of a day. The ELD rule would require drivers to manually change duty status twice for every move they complete in the yard, which could mean entering manual changes as many as 20 times in an hour. The average UPS RODS driver completes a minimum of 9 yard moves per day. This will impose costs on UPS in time spent by drivers manually inputting the yard move mode. UPS estimates that the yearly cost to UPS for a single button push (.35 sec) at each of these yard move ignition cycles would come to approximately $460,000. In addition, driver and administrative time would need to be spent reconciling records if drivers fail to appropriately record yard move time. Based on the above, UPS requests an exemption from section 395.28(a)(2)(i) to allow its drivers to select ``yard move'' status and remain in that status even if the vehicle's ignition is cycled off and back on. Under the proposed temporary exemption, and assuming that the driver does not go off duty after performing the yard moves, UPS states that the ELD would switch to a ``driving'' duty status under section 395.24 if (1) the driver inputs ``driving,'' (2) the vehicle exceeds 20 mph, or (3) the vehicle exits the geo-fenced yard. UPS notes that there is a posted speed limit of 15 mph on all of its yards, and that it already uses the proposed 20 mph threshold described above to trigger a designation of ``driving'' duty status in its AOBRDs as a means to identify drivers that do not manually annotate their departure from a UPS property. Vehicle Use by Exempt Employees Operating on UPS Property Section 395.26(h) of the FMCSRs requires an ELD to automatically record certain data elements when a CMV's engine is powered up or powered down. In support of its application, UPS states: In addition to its drivers, UPS currently employs 1434 people that wash or fuel vehicles. In the course of performing their duties, most of these employees operate vehicles in our fleet, but this operation is strictly limited to movements within UPS yards. A fuel employee will fuel as many as 60 vehicles during a shift. Because they do not operate commercial motor vehicles on highways/public roads, UPS's wash and fuel employees are not ``drivers'' and, in turn, are not required to comply with the hours of service rules . . . The final ELD rule requires that the ELD automatically record certain data when a [[Page 26835]] CMV's engine is powered up or powered down. See Sec. 395.26(h). Because UPS will be using portable, driver-based ELDs, there will not be ELDs permanently installed in UPS vehicles. Therefore, insofar as the ELD regulations would require recordation of engine data for in yard operation of UPS vehicles by non-driver employees, that requirement would impose a significant burden on UPS. While it would be possible to provide these employees with portable ELDs to record engine data, doing so would be extremely costly. In addition to purchasing devices for each of these employees, UPS would have to purchase and maintain secure cabinets to store and charge these devices. In addition, UPS would have to develop a solution to reconcile these hours in a live environment. UPS would also have to employ individuals to annotate logs for data that was not reconciled. UPS's technology group has had several meetings to explore options to account for engine miles and hours for operation of UPS vehicles by non-driver employees. In each solution, an employee would be required to enter a tractor number for each tractor and to log out of each tractor when they are finished even though they would be driving the vehicle less than 1 mile and within the yard. The employees would be doing this for as many as 10 hours a day and on a large number of tractors. When all factors are considered, the expense to account for a very small number of miles is extremely costly. UPS estimates that the cost would exceed $1,000,000 dollars per year in added equipment and hourly expense. Based on the above, UPS requests an exemption from section 395.26, and proposes to allow an alternative approach to track vehicle usage by wash and fuel employees on UPS property. Specifically, UPS proposes that vehicle usage of less than 1 mile by these exempt employees, conducted entirely on UPS property, be annotated on an ELD as ``on property--other.'' UPS states that these miles could be easily identified using geo-fencing and time-card information for road drivers and other employees. As noted in its application, UPS believes that each of the requested exemptions will result in substantial operational efficiencies, and will maintain a level of safety that is equivalent to, or greater than, the level of safety achieved without the exemptions. Request for Comments In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests public comment from all interested persons on UPS's application for an exemption from 49 CFR part 395. 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. Issued on: June 1, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017-11998 Filed 6-8-17; 8:45 am] BILLING CODE 4910-EX-P
![26832 Federal Register / Vol. 82, No. 110 / Friday, June 9, 2017 / Notices
public. The transaction will enable the continue to compete with other carriers. Avenue NW., Washington, DC 20530;
carriers to engage in vehicle sharing Lone Star asserts that the lack of barriers and (3) the U.S. Department of
arrangements, to better utilize sales and to entry in the charter and tour business Transportation, Office of the General
field operations personnel, and to bring makes the business contestable on a Counsel, 1200 New Jersey Avenue SE.,
certain management functions together trip-by-trip basis and reduces the risk of Washington, DC 20590.
for more efficient management of the a carrier abusing its market power. Decided: June 6, 2017.
overall enterprise. According to Lone Regarding fixed charges, Lone Star By the Board, Board Members Begeman,
Star, the transaction will allow the states that the restructuring of day-to- Elliott, and Miller.
companies to take advantage of better day operations will allow Lone Star to Jeffrey Herzig,
financial terms, which will allow them lower operational costs and continue to Clearance Clerk.
to replace aging vehicles and to provide affordable passenger-carrier
[FR Doc. 2017–12011 Filed 6–8–17; 8:45 am]
purchase newer, more energy efficient transportation services.
According to Lone Star, the BILLING CODE 4915–01–P
vehicles on more favorable terms. The
transaction will allow the carriers to transaction will not have an overall
maximize the use of personnel and negative impact on employees. The
equipment and to use debt restructuring transaction will enable the parties to DEPARTMENT OF TRANSPORTATION
to increase investment into their consolidate some headquarters and
administrative personnel. Lone Star Federal Motor Carrier Safety
companies. Lone Star states that the Administration
carriers will be able to serve their states that labor force additions in
existing geographic areas and customer higher paying sales and field operations [Docket No. FMCSA–2017–0054]
bases more efficiently and effectively personnel in multiple cities will offset
and that they do not anticipate any any personnel contraction across Texas Parts and Accessories Necessary for
reduction in current service levels. and Louisiana. Over time, the Safe Operation; Application for an
According to Lone Star, the transaction companies will be able to grow by Exemption From United Parcel Service
will enable the carriers to leverage the taking advantage of economies of scale, Inc.
combination of companies to grow the better financial terms, and increased AGENCY: Federal Motor Carrier Safety
businesses of each individual carrier, buying power, resulting in additions to Administration (FMCSA), DOT.
resulting in the same or greater level of driver and non-driver personnel. ACTION: Notice of application for
transportation to the public. On the basis of the application, the
exemption; request for comments.
Lone Star also submits that the Board finds that the proposed
transaction will not have a material acquisition is consistent with the public SUMMARY: The Federal Motor Carrier
adverse effect on competition. interest and should be tentatively Safety Administration (FMCSA)
According to Lone Star, the companies approved and authorized. If any requests public comment on an
do not plan to significantly alter their opposing comments are timely filed, application from United Parcel Service,
current operations but merely wish to these findings will be deemed vacated, Inc. (UPS) for exemption from various
take advantage of efficiencies gained and, if a final decision cannot be made provisions of the mandate to use
through working under one corporate on the record as developed, a electronic logging devices (ELDs).
structure. Lone Star argues that the areas procedural schedule will be adopted to Specifically, UPS is requesting an
served by the carriers are subject to reconsider the application. See 49 CFR exemption (1) to allow an alternative
robust competition, with over 15 1182.6(c). If no opposing comments are ELD phase-in method for fleets using
interstate transportation providers filed by the expiration of the comment compliant automatic on-board recording
offering charter and tour service in the period, this notice will take effect devices (AOBRDs); (2) from the
Dallas/Fort Worth area alone. Lone Star automatically and will be the final requirement that an ELD automatically
estimates that interstate and intrastate Board action. record certain data elements upon a
This action is categorically excluded duty status change when a driver is not
carriers in the Dallas/Fort Worth market
from environmental review under 49 in the vehicle; (3) to allow ELDs to be
generate over $150 million in annual
CFR 1105.6(c). configured with a special driving mode
revenues and operate approximately 670 Board decisions and notices are
vehicles (including sedans, mini buses, for yard moves that does not require the
available on our Web site at driver to re-input yard move status
and motor coaches). Lone Star estimates WWW.STB.GOV.
that the combined revenues of Lone Star every time the tractor is powered off;
It is ordered: and (4) to allow vehicle movements of
Coaches and Tri-City Charter will be 1. The proposed transaction is
less than 5% of the Dallas/Fort Worth less than one mile on UPS property by
approved and authorized, subject to the non-CDL UPS drivers to be annotated as
market and will account for about thirty filing of opposing comments.
vehicles in the local market. Lone Star ‘‘on property—other.’’ UPS believes that
2. If opposing comments are timely the requested temporary exemptions
also notes that the areas served by the filed, the findings made in this notice
carriers are largely separate and distinct will maintain a level of safety that is
will be deemed as having been vacated. equivalent to, or greater than, the level
with a small amount of overlap in larger 3. Notice of this decision will be
markets. Lone Star argues that the of safety achieved without the
published in the Federal Register.
transaction will not result in any 4. This notice will be effective July 25, exemption.
consolidation of market power in any 2017, unless opposing comments are DATES: Comments must be received on
relevant market, because the companies filed by July 24, 2017. or before July 10, 2017.
mstockstill on DSK30JT082PROD with NOTICES
will maintain their separate identities 5. A copy of this notice will be served ADDRESSES: You may submit comments
and be responsible for their own on: (1) The U.S. Department of bearing the Federal Docket Management
operations within the larger corporate Transportation, Federal Motor Carrier System (FDMS) Docket ID FMCSA–
family. Lone Star submits that the Safety Administration, 1200 New Jersey 2017–0054 using any of the following
efficiencies associated with merging two Avenue SE., Washington, DC 20590; (2) methods:
companies under one corporate the U.S. Department of Justice, Antitrust • Web site: http://
structure will enable the carriers to Division, 10th Street & Pennsylvania www.regulations.gov. Follow the
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![Federal Register / Vol. 82, No. 110 / Friday, June 9, 2017 / Notices 26833
instructions for submitting comments Background referenced at the beginning of this
on the Federal electronic docket site. notice.
• Fax: 1–202–493–2251. Section 4007 of the Transportation
• Mail: Docket Management Facility, Equity Act for the 21st Century (TEA– Alternative ELD Phase-In Method
U.S. Department of Transportation, 21) [Pub. L. 105–178, June 9, 1998, 112 Subject to limited exceptions, section
Room W12–140, 1200 New Jersey Stat. 401] amended 49 U.S.C. 31315 and 395.8(a)(1)(i) of the FMCSRs requires
Avenue SE., Washington, DC 20590– 31136(e) to provide authority to grant motor carriers to install and use ELDs
0001. exemptions from the Federal Motor that comply with the technical
• Hand Delivery: Ground Floor, Room Carrier Safety Regulations (FMCSRs). specifications prescribed for those
W12–140, DOT Building, 1200 New On August 20, 2004, FMCSA published devices no later than December 18,
Jersey Avenue SE., Washington, DC, a final rule (69 FR 51589) implementing 2017. However, section 395.8(a)(1)(ii)
between 9 a.m. and 5 p.m. e.t., Monday- section 4007. Under this rule, FMCSA allows a motor carrier that installs, and
Friday, except Federal holidays. must publish a notice of each exemption requires its drivers to use, compliant
Instructions: All submissions must request in the Federal Register (49 CFR AOBRDs before the December 18, 2017,
include the Agency name and docket 381.315(a)). The Agency must provide compliance date to continue to use
number for this notice. For detailed the public with an opportunity to those AOBRDs until December 16, 2019,
instructions on submitting comments inspect the information relevant to the thereby providing a 2-year grandfather
and additional information on the application, including any safety period for devices installed prior to the
exemption process, see the ‘‘Public analyses that have been conducted. The compliance date.
Participation’’ heading below. Note that Agency must also provide an In support of its application, UPS
all comments received will be posted opportunity for public comment on the states:
without change to http:// request. UPS firmly believes that the best way to
www.regulations.gov, including any The Agency reviews the safety transition its operations from AOBRDs to
personal information provided. Please analyses and the public comments and ELDs will be on a site-by-site basis. UPS
see the ‘‘Privacy Act’’ heading for determines whether granting the currently plans to convert approximately
further information. exemption would likely achieve a level 2800 tractors at approximately 35 sites from
Docket: For access to the docket to AOBRDs to ELDs in 2017, and plans to
of safety equivalent to or greater than convert the remaining tractors (at 141 sites)
read background documents or the level that would be achieved by the during 2018. Deploying ELDs by site will
comments received, go to http:// current regulation (49 CFR 381.305). minimize the significant costs, including
www.regulations.gov or to Room W12– The decision of the Agency must be training costs, related to moving the fleet and
140, DOT Building, 1200 New Jersey published in the Federal Register (49 workforce from AOBRDs to ELDs. A site-by-
Avenue SE., Washington, DC, between 9 CFR 381.315(b)). If the Agency denies site approach will also minimize the risk of
a.m. and 5 p.m., Monday through errors and confusion that would be
the request, it must state the reason for encountered if two different types of devices
Friday, except Federal holidays. doing so. If the decision is to grant the
Privacy Act: In accordance with 5 were used simultaneously at a given location.
exemption, the notice must specify the The difficulty large motor carriers like UPS
U.S.C. 553(c), DOT solicits comments person or class of persons receiving the face is with FMCSA’s decision to permit
from the public to better inform its exemption and the regulatory provision grandfathering only on a vehicle, and not a
rulemaking process. DOT posts these or provisions from which an exemption fleet-wide basis. UPS plans to purchase
comments, without edit, including any is granted. The notice must specify the approximately 1530 new tractors in 2018,
personal information the commenter effective period of the exemption (up to i.e., after the grandfathering deadline but
provides, to www.regulations.gov, as before the ELD implementation date for
5 years) and explain the terms and grandfathered vehicles. Of these, 1061 will
described in the system of records conditions of the exemption. The
notice (DOT/ALL–14 FDMS), which can replace existing tractors (the majority of
exemption may be renewed (49 CFR which are currently using AOBRDs) that have
be reviewed at www.dot.gov/privacy. 381.315(c) and 49 CFR 381.300(b)). reached the end of life, and 469 will be new
Public participation: The http:// tractors to accommodate projected growth.
www.regulations.gov Web site is UPS Application for Exemption These new tractors will be delivered to UPS
generally available 24 hours each day, facilities across the country consistent with
UPS has applied for an exemption
365 days each year. You may find operational needs. At a typical location,
from various provisions of 49 CFR part
electronic submission and retrieval help approximately 12 percent of tractors would
395 regarding the use of ELDs. be newly purchased.
and guidelines under the ‘‘help’’ section
Specifically, UPS has requested a If no temporary exemption were granted,
of the http://www.regulations.gov Web
temporary exemption (1) to allow an large carriers would be required to use ELDs
site as well as the DOT’s http://
alternative ELD phase-in method for in all of the new tractors delivered after 12/
docketsinfo.dot.gov Web site. If you 18/2017. The result would be that UPS
fleets using compliant automatic on-
would like notification that we received facilities that had not been converted as of
board recording devices (AOBRDs); (2)
your comments, please include a self- that date would have both vehicles using
from the requirement that an ELD
addressed, stamped envelope or ELDs at the same time.
automatically record certain data
postcard or print the acknowledgment It is routine for all UPS drivers at a given
elements upon a duty status change location to use multiple tractors in the course
page that appears after submitting
when a driver is not in the vehicle; (3) of a week or month. If a site had both
comments online.
to allow ELDs to be configured with a vehicles using AOBRDs and vehicles using
FOR FURTHER INFORMATION CONTACT: Mrs. special driving mode for yard moves ELDs, under UPS’s current business
Amina Fisher, Vehicle and Roadside that does not require the driver to re- practices, drivers would necessarily be using
mstockstill on DSK30JT082PROD with NOTICES
Operations Division, Office of Carrier, input yard move status every time the both types of devices. This would create
Driver, and Vehicle Safety, MC–PSV, tractor is powered off; and (4) to allow complex and difficult situations to manage.
(202) 366–2782, Federal Motor Carrier For example, if a driver used both an AOBRD
vehicle movements of less than one mile and an ELD during the course of a week,
Safety Administration, 1200 New Jersey conducted on UPS property by non-CDL
Avenue SE., Washington, DC 20590– there would not be a single, complete log
UPS drivers to be annotated as ‘‘on reflecting the driver’s hours of service. If, on
0001. property—other.’’ A copy of the the other hand, each driver at a given
SUPPLEMENTARY INFORMATION: application is included in the docket location were restricted to only the vehicles
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![Federal Register / Vol. 82, No. 110 / Friday, June 9, 2017 / Notices 26835
CMV’s engine is powered up or powered location listed under the ADDRESSES Administration, 1200 New Jersey
down. See § 395.26(h). Because UPS will be section of this notice. Comments Avenue SE., Room W23–453,
using portable, driver-based ELDs, there will received after the comment closing date Washington, DC 20590. Telephone 202–
not be ELDs permanently installed in UPS
will be filed in the public docket and 366–9309, Email Bianca.carr@dot.gov.
vehicles. Therefore, insofar as the ELD
regulations would require recordation of will be considered to the extent
SUPPLEMENTARY INFORMATION: As
engine data for in yard operation of UPS practicable. In addition to late
described by the applicant the intended
vehicles by non-driver employees, that comments, FMCSA will also continue to
service of the vessel NORTH TWIN is:
requirement would impose a significant file, in the public docket, relevant
burden on UPS. While it would be possible information that becomes available after —Intended Commercial Use of Vessel:
to provide these employees with portable the comment closing date. Interested ‘‘Sailboat Rides’’
ELDs to record engine data, doing so would persons should continue to examine the —Geographic Region: ‘‘Wisconsin,
be extremely costly. In addition to public docket for new material.
purchasing devices for each of these Minnesota, Michigan’’
employees, UPS would have to purchase and Issued on: June 1, 2017. The complete application is given in
maintain secure cabinets to store and charge Larry W. Minor, DOT docket MARAD–2017–0103 at
these devices. In addition, UPS would have Associate Administrator for Policy. http://www.regulations.gov. Interested
to develop a solution to reconcile these hours
in a live environment. UPS would also have
[FR Doc. 2017–11998 Filed 6–8–17; 8:45 am] parties may comment on the effect this
to employ individuals to annotate logs for BILLING CODE 4910–EX–P action may have on U.S. vessel builders
data that was not reconciled. or businesses in the U.S. that use U.S.-
UPS’s technology group has had several flag vessels. If MARAD determines, in
meetings to explore options to account for DEPARTMENT OF TRANSPORTATION accordance with 46 U.S.C. 12121 and
engine miles and hours for operation of UPS MARAD’s regulations at 46 CFR part
vehicles by non-driver employees. In each Maritime Administration 388, that the issuance of the waiver will
solution, an employee would be required to have an unduly adverse effect on a U.S.-
[Docket No. MARAD–2017–0103]
enter a tractor number for each tractor and to
vessel builder or a business that uses
log out of each tractor when they are finished
Requested Administrative Waiver of U.S.-flag vessels in that business, a
even though they would be driving the
vehicle less than 1 mile and within the yard. the Coastwise Trade Laws: Vessel waiver will not be granted. Comments
The employees would be doing this for as NORTH TWIN; Invitation for Public should refer to the docket number of
many as 10 hours a day and on a large Comments this notice and the vessel name in order
number of tractors. When all factors are
AGENCY: Maritime Administration, for MARAD to properly consider the
considered, the expense to account for a very comments. Comments should also state
small number of miles is extremely costly. Department of Transportation.
the commenter’s interest in the waiver
UPS estimates that the cost would exceed ACTION: Notice.
application, and address the waiver
$1,000,000 dollars per year in added
SUMMARY: The Secretary of criteria given in § 388.4 of MARAD’s
equipment and hourly expense.
Transportation, as represented by the regulations at 46 CFR part 388.
Based on the above, UPS requests an Maritime Administration (MARAD), is
exemption from section 395.26, and Privacy Act
authorized to grant waivers of the U.S.-
proposes to allow an alternative build requirement of the coastwise laws In accordance with 5 U.S.C. 553(c),
approach to track vehicle usage by wash under certain circumstances. A request DOT/MARAD solicits comments from
and fuel employees on UPS property. for such a waiver has been received by the public to better inform its
Specifically, UPS proposes that vehicle MARAD. The vessel, and a brief rulemaking process. DOT/MARAD posts
usage of less than 1 mile by these description of the proposed service, is these comments, without edit, to
exempt employees, conducted entirely listed below. www.regulations.gov, as described in
on UPS property, be annotated on an
DATES: Submit comments on or before the system of records notice, DOT/ALL–
ELD as ‘‘on property—other.’’ UPS
July 10, 2017. 14 FDMS, accessible through
states that these miles could be easily
ADDRESSES: Comments should refer to www.dot.gov/privacy. In order to
identified using geo-fencing and time-
docket number MARAD–2017–0103. facilitate comment tracking and
card information for road drivers and
Written comments may be submitted by response, we encourage commenters to
other employees.
hand or by mail to the Docket Clerk, provide their name, or the name of their
As noted in its application, UPS
U.S. Department of Transportation, organization; however, submission of
believes that each of the requested
Docket Operations, M–30, West names is completely optional. Whether
exemptions will result in substantial
Building Ground Floor, Room W12–140, or not commenters identify themselves,
operational efficiencies, and will
1200 New Jersey Avenue SE., all timely comments will be fully
maintain a level of safety that is
Washington, DC 20590. You may also considered. If you wish to provide
equivalent to, or greater than, the level
send comments electronically via the comments containing proprietary or
of safety achieved without the
Internet at http://www.regulations.gov. confidential information, please contact
exemptions.
All comments will become part of this the agency for alternate submission
Request for Comments docket and will be available for instructions.
In accordance with 49 U.S.C. 31315 inspection and copying at the above (Authority: 49 CFR 1.93(a), 46 U.S.C. 55103,
and 31136(e), FMCSA requests public address between 10:00 a.m. and 5:00 46 U.S.C. 12121)
comment from all interested persons on p.m., Monday through Friday, except * * * * *
mstockstill on DSK30JT082PROD with NOTICES
UPS’s application for an exemption Federal holidays. An electronic version
By Order of the Maritime Administrator.
from 49 CFR part 395. All comments of this document and all documents
entered into this docket is available at Dated: June 6, 2017.
received before the close of business on
the comment closing date indicated at http://www.regulations.gov. T. Mitchell Hudson, Jr.
the beginning of this notice will be FOR FURTHER INFORMATION CONTACT: Secretary, Maritime Administration.
considered and will be available for Bianca Carr, U.S. Department of [FR Doc. 2017–11992 Filed 6–8–17; 8:45 am]
examination in the docket at the Transportation, Maritime BILLING CODE 4910–81–P
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Document Created: 2017-06-09 01:11:53
Document Modified: 2017-06-09 01:11:53
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of application for exemption; request for comments. | |
| Dates | Comments must be received on or before July 10, 2017. | |
| Contact | Mrs. Amina Fisher, Vehicle and Roadside Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC-PSV, (202) 366-2782, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. | |
| FR Citation | 82 FR 26832 |
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