82 FR 43817 - Hours of Service; YRC Worldwide Inc. Application for an Exemption From Certain Electronic Logging Device Requirements
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 82, Issue 180 (September 19, 2017)
Federal Motor Carrier Safety Administration
Federal Register Volume 82, Issue 180 (September 19, 2017)
| Page Range | 43817-43819 | |
| FR Document | 2017-19909 |
[Federal Register Volume 82, Number 180 (Tuesday, September 19, 2017)] [Notices] [Pages 43817-43819] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-19909] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2017-0248] Hours of Service; YRC Worldwide Inc. Application for an Exemption From Certain Electronic Logging Device Requirements 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 YRC Worldwide Inc. (YRCW) for an exemption from various provisions of the mandate to use electronic logging devices (ELDs). DATES: Comments must be received on or before October 19, 2017. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket ID FMCSA-2017-0248 using any of the following methods:Web site: http://www.regulations.gov. Follow the 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:// [[Page 43818]] 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: Mike Huntley, Vehicle and Roadside Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC- PSV, (202) 366-4325, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. SUPPLEMENTARY INFORMATION: YRCW 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 YRCW property by non-CDL YRCW drivers to be annotated as ``on property--other.'' YRCW 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. 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)). YRCW Application for Exemption YRCW is a holding company that, through its operating companies, offers its customers a wide range of transportation services. Its operating companies include YRC Freight (a North American less-than- truckload (LTL) company), and Holland, Reddaway, and New Penn (regional LRL companies). YRCW has applied for an exemption from various provisions of 49 CFR part 395 regarding the use of ELDs. Specifically, YRCW 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 YRCW property by non-CDL YRCW drivers to be annotated as ``on property--other.'' YRCW states that its request is almost identical to an exemption application submitted by United Parcel Service (Ups) regarding the implementation and use of ELDs (see Docket FMCSA-2017-0054), and notes that it filed comments in support of the UPS application on July 7, 2017. 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, YRCW states: Like UPS, current requirements restricting the use of new AOBRDs in the transition period would cause company drivers to operate a ``mixed fleet'' of AOBRDs and ELDs. A ``mixed fleet'' introduces significant training challenges and inefficiencies. Groups of driver employees at terminals lead safety training with guidance from issue experts. As such, in addition to the training challenges highlighted by UPS, under the current rule a ``mixed fleet'' would result in the added complexity of peer-to-peer trainers being responsible for training both AOBRD and ELD systems. Unlike UPS, YRCW's operating companies currently utilize paper logs. As such, the adoption of electronic logs is the single largest change in recording record of duty status in decades. Many of our drivers are long-tenured and may face challenges in adopting a new system. Since operational flexibility does not allow a driver to be assigned a tractor, a `mixed fleet'' scenario forces drivers to be trained to use both AOBRD and ELD systems and introduce more complexity, errors, and challenges for all stakeholders. Based on the above, for YRCW operating companies who plan to operate AOBRDs past December 18, 2017, YRCW requests an exemption from section 395(a)(1)(i) to allow the installation of AOBRDs on new truck tractors delivered to a facility after the December 18, 2017, compliance date, where existing vehicles at that facility are equipped with compliant AOBRDs. 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, YRCW states: Similar to UPS, all drivers at YRC Freight, Holland and New Penn and a portion of drivers at Reddaway are covered by collective bargaining agreements. Almost all drivers clock in through an electronic system when they begin their day. Once clocked in they are required to perform non-driving duties as defined by collective bargaining agreements and company policies. As such, YRCW requests the same exemption as stated by UPS in Docket 2017-0054 on behalf of its operating companies. Based on the above, YRCW requests an exemption from the requirement to record the specific data elements identified in sections 395.26(c) and [[Page 43819]] 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, YRCW proposes that it will ``systematically annotate that the driver was performing other work.'' YRCW 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, YRCW states: Like UPS, almost all drivers for YRCW operating companies are covered by a collective bargaining agreement which sets out a contractual agreement that specifies which categories of drivers may perform certain driving duties such as coupling, uncoupling and moving equipment around company yards. The ability to select a ``yard move'' status will eliminate multiple unnecessary entries. Like UPS, the facilities of YRCW's operating companies maintain posted speed and will be ``geo-fenced.'' YRCW proposes that driving status should be activated once a vehicle reaches 20mph or above and/or exits the facility. In addition to making drivers more efficient, allowing the ``yard move'' status eliminates driver distractions and enables them to focus on safely operating vehicles in the yard. Based on the above, YRCW 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, YRCW 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. 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, YRCW states: YRCW operating companies have exempt employees, without commercial driver's licenses, who move vehicles within our company yards for various purposes, including fueling, washing and maintenance. Vehicles will not be equipped with permanently attached ELD or AOBRD systems, nor will these drivers be assigned portable devices. As a result, exempt individuals will not have the ability to input data into an AOBRD or ELD device. As with UPS, these trips are under one mile and move less than 20mph on company property. Based on our similar operational practices and needs, YRCW companies requests the same exemption as requested by UPS, with the understanding that movements in the yard will not be limited to washing and fueling. Based on the above, YRCW requests an exemption from section 395.26, and proposes to allow an alternative approach to track vehicle usage by certain yard employees on YRCW property. Specifically, YRCW proposes that vehicle usage of less than 1 mile by these exempt employees, conducted entirely on YRCW property, be annotated on an ELD as ``on property--other.'' YRCW 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, YRCW 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 YRCW'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: September 12, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017-19909 Filed 9-18-17; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Notices 43817
Domenic J. Carassai (NJ) Chris M. DeJong (NM) SUMMARY: The Federal Motor Carrier
Bruce E. Hemmer (WI) Jonathan G. Estabrook (MA) Safety Administration (FMCSA)
Steven P. Holden (MD) Robert J. Falanga (FL) requests public comment on an
Christopher G. Jarvela (MI) Refugio Haro (IL) application from YRC Worldwide Inc.
Brad L. Mathna (PA) Kevin L. Harrison (TN) (YRCW) for an exemption from various
Vincent P. Miller (CA) Bruce A. Lloyd (MA) provisions of the mandate to use
Warren J. Nyland (MI) Duane S. Lozinski (IA)
Keith W. McNabb (ID) electronic logging devices (ELDs).
Dennis M. Prevas (WI) DATES: Comments must be received on
Ronald W. Neujahr (KS)
Wesley E. Turner (TX) Lonnie D. Prejean (TX) or before October 19, 2017.
Mona J. Van Krieken (OR) Thomas E. Riley (NJ) ADDRESSES: You may submit comments
Paul S. Yocum (IN) John B. Stiltner (KY) bearing the Federal Docket Management
The drivers were included in one of Rick R. Warner (MI) System (FDMS) Docket ID FMCSA–
the following docket numbers: FMCSA– Theodore A. White (PA) 2017–0248 using any of the following
2001–9561; FMCSA–2003–15268. Their The drivers were included in docket methods:
exemptions are applicable as of August number FMCSA–2015–0055. Their • Web site: http://
15, 2017, and will expire on August 15, exemptions are applicable as of August www.regulations.gov. Follow the
2019. 25, 2017, and will expire on August 25, instructions for submitting comments
As of August 23, 2017, and in 2019. on the Federal electronic docket site.
accordance with 49 U.S.C. 31136(e) and As of August 29, 2017, and in • Fax: 1–202–493–2251.
31315, the following 21 individuals accordance with 49 U.S.C. 31136(e) and • Mail: Docket Management Facility,
satisfied the renewal conditions for 31315, the following three individuals U.S. Department of Transportation,
obtaining an exemption from the vision satisfied the renewal conditions for Room W12–140, 1200 New Jersey
requirement in the FMCSRs for obtaining an exemption from the vision Avenue SE., Washington, DC 20590–
interstate CMV drivers (76 FR 29022; 76 requirement in the FMCSRs for 0001.
FR 44082; 78 FR 20376; 78 FR 34141; interstate CMV drivers (80 FR 44188; 80 • Hand Delivery: Ground Floor, Room
78 FR 34143; 78 FR 51268; 78 FR FR 62161): James Howard (CA), Ramon W12–140, DOT Building, 1200 New
52602): Melendez (NJ), Jesse A. Nosbush (MN). Jersey Avenue SE., Washington, DC,
Twila G. Cole (OR) The drivers were included in docket
between 9 a.m. and 5 p.m. e.t., Monday–
Bert A. Damm (MT) number FMCSA–2015–0055. Their
Friday, except Federal holidays.
Jeffrey Dauterman (OH) exemptions are applicable as of August
Instructions: All submissions must
Brian D. Dowd (MA) 29, 2017, and will expire on August 29,
include the Agency name and docket
Sonya Duff (IN) 2019.
In accordance with 49 U.S.C. 31315, number for this notice. For detailed
Randy L. Fales (MN) instructions on submitting comments
Marc C. Grooms (MO) each exemption will be valid for two
years from the effective date unless and additional information on the
Walter A. Hanselman (IN) exemption process, see the ‘‘Public
Craig C. Lowry (MT) revoked earlier by FMCSA. The
exemption will be revoked if the Participation’’ heading below. Note that
Craig M. Mahaffey (OH) all comments received will be posted
Ricky Nickell (OH) following occurs: (1) The person fails to
comply with the terms and conditions without change to http://
Freddy H. Pete (NV) www.regulations.gov, including any
Rickey H. Reeder (TN) of the exemption; (2) the exemption has
resulted in a lower level of safety than personal information provided. Please
Michael L. Sherum (AL) see the ‘‘Privacy Act’’ heading for
Gregory C. Simmons (VA) was maintained prior to being granted;
or (3) continuation of the exemption further information.
Wayne M. Stein (FL) Docket: For access to the docket to
Eddie B. Strange, Jr. (GA) would not be consistent with the goals
and objectives of 49 U.S.C. 31136 and read background documents or
Larry A. Tidwell (MO) comments received, go to http://
Dale A. Torkelson (WI) 31315.
www.regulations.gov or to Room W12–
John Vanek (MO) Issued on: September 12, 2017. 140, DOT Building, 1200 New Jersey
Desmond Waldor (PA) Larry W. Minor, Avenue SE., Washington, DC, between 9
The drivers were included in one of Associate Administrator for Policy. a.m. and 5 p.m., Monday through
the following docket numbers: FMCSA– [FR Doc. 2017–19908 Filed 9–18–17; 8:45 am] Friday, except Federal holidays.
2011–0102; FMCSA–2013–0025; BILLING CODE 4910–EX–P Privacy Act: In accordance with 5
FMCSA–2013–0029. Their exemptions U.S.C. 553(c), DOT solicits comments
are applicable as of August 23, 2017, from the public to better inform its
and will expire on August 23, 2019. DEPARTMENT OF TRANSPORTATION rulemaking process. DOT posts these
As of August 25, 2017, and in comments, without edit, including any
accordance with 49 U.S.C. 31136(e) and Federal Motor Carrier Safety personal information the commenter
31315, the following 20 individuals Administration provides, to www.regulations.gov, as
satisfied the renewal conditions for [Docket No. FMCSA–2017–0248] described in the system of records
obtaining an exemption from the vision notice (DOT/ALL–14 FDMS), which can
requirement in the FMCSRs for Hours of Service; YRC Worldwide Inc.
asabaliauskas on DSKBBXCHB2PROD with NOTICES
be reviewed at www.dot.gov/privacy.
interstate CMV drivers (80 FR 44188; 80 Application for an Exemption From Public participation: The http://
FR 62161): Certain Electronic Logging Device www.regulations.gov Web site is
Harold D. Albrecht (IL) Requirements generally available 24 hours each day,
Joseph W. Bahr (NJ) AGENCY: Federal Motor Carrier Safety 365 days each year. You may find
Stephen C. Brueggeman (KY) Administration (FMCSA), DOT. electronic submission and retrieval help
Larry O. Cheek (CA) and guidelines under the ‘‘help’’ section
ACTION: Notice of application for
Louise D. Curtis (FL) of the http://www.regulations.gov Web
exemption; request for comments.
Marvin P. Cusey (MN) site as well as the DOT’s http://
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![43818 Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Notices
docketsinfo.dot.gov Web site. If you published in the Federal Register (49 those AOBRDs until December 16, 2019,
would like notification that we received CFR 381.315(b)). If the Agency denies thereby providing a 2-year grandfather
your comments, please include a self- the request, it must state the reason for period for devices installed prior to the
addressed, stamped envelope or doing so. If the decision is to grant the compliance date.
postcard or print the acknowledgment exemption, the notice must specify the In support of its application, YRCW
page that appears after submitting person or class of persons receiving the states:
comments online. exemption and the regulatory provision Like UPS, current requirements restricting
FOR FURTHER INFORMATION CONTACT: or provisions from which an exemption the use of new AOBRDs in the transition
is granted. The notice must specify the period would cause company drivers to
Mike Huntley, Vehicle and Roadside
effective period of the exemption (up to operate a ‘‘mixed fleet’’ of AOBRDs and
Operations Division, Office of Carrier, ELDs. A ‘‘mixed fleet’’ introduces significant
Driver, and Vehicle Safety, MC–PSV, 5 years) and explain the terms and
training challenges and inefficiencies.
(202) 366–4325, Federal Motor Carrier conditions of the exemption. The Groups of driver employees at terminals lead
Safety Administration, 1200 New Jersey exemption may be renewed (49 CFR safety training with guidance from issue
Avenue SE., Washington, DC 20590– 381.315(c) and 49 CFR 381.300(b)). experts. As such, in addition to the training
0001. YRCW Application for Exemption challenges highlighted by UPS, under the
current rule a ‘‘mixed fleet’’ would result in
SUPPLEMENTARY INFORMATION: YRCW is YRCW is a holding company that, the added complexity of peer-to-peer trainers
requesting an exemption (1) to allow an through its operating companies, offers being responsible for training both AOBRD
alternative ELD phase-in method for its customers a wide range of and ELD systems.
fleets using compliant automatic on- transportation services. Its operating Unlike UPS, YRCW’s operating companies
board recording devices (AOBRDs); (2) companies include YRC Freight (a North currently utilize paper logs. As such, the
from the requirement that an ELD American less-than-truckload (LTL) adoption of electronic logs is the single
automatically record certain data largest change in recording record of duty
company), and Holland, Reddaway, and
elements upon a duty status change status in decades. Many of our drivers are
New Penn (regional LRL companies). long-tenured and may face challenges in
when a driver is not in the vehicle; (3) YRCW has applied for an exemption adopting a new system. Since operational
to allow ELDs to be configured with a from various provisions of 49 CFR part flexibility does not allow a driver to be
special driving mode for yard moves 395 regarding the use of ELDs. assigned a tractor, a ‘mixed fleet’’ scenario
that does not require the driver to re- Specifically, YRCW has requested a forces drivers to be trained to use both
input yard move status every time the temporary exemption (1) to allow an AOBRD and ELD systems and introduce
tractor is powered off; and (4) to allow alternative ELD phase-in method for more complexity, errors, and challenges for
vehicle movements of less than one mile fleets using compliant automatic on- all stakeholders.
on YRCW property by non-CDL YRCW board recording devices (AOBRDs); (2) Based on the above, for YRCW
drivers to be annotated as ‘‘on from the requirement that an ELD operating companies who plan to
property—other.’’ YRCW believes that automatically record certain data operate AOBRDs past December 18,
the requested temporary exemptions elements upon a duty status change 2017, YRCW requests an exemption
will maintain a level of safety that is when a driver is not in the vehicle; (3) from section 395(a)(1)(i) to allow the
equivalent to, or greater than, the level to allow ELDs to be configured with a installation of AOBRDs on new truck
of safety achieved without the special driving mode for yard moves tractors delivered to a facility after the
exemption. that does not require the driver to re- December 18, 2017, compliance date,
Background input yard move status every time the where existing vehicles at that facility
tractor is powered off; and (4) to allow are equipped with compliant AOBRDs.
Section 4007 of the Transportation vehicle movements of less than one mile
Equity Act for the 21st Century (TEA– conducted on YRCW property by non- Recording of ELD Data Elements
21) [Pub. L. 105–178, June 9, 1998, 112 CDL YRCW drivers to be annotated as An ELD is required to automatically
Stat. 401] amended 49 U.S.C. 31315 and ‘‘on property—other.’’ record a number of specific data
31136(e) to provide authority to grant YRCW states that its request is almost elements at certain events, to include (1)
exemptions from the Federal Motor identical to an exemption application when a driver indicates a change of duty
Carrier Safety Regulations (FMCSRs). submitted by United Parcel Service status under section 395.24(b) (see
On August 20, 2004, FMCSA published (Ups) regarding the implementation and section 395.26(c)), and (2) when an
a final rule (69 FR 51589) implementing use of ELDs (see Docket FMCSA–2017– authorized user logs into or out of an
section 4007. Under this rule, FMCSA 0054), and notes that it filed comments ELD (see section 395.26(g)).
must publish a notice of each exemption in support of the UPS application on In support of its application, YRCW
request in the Federal Register (49 CFR July 7, 2017. states:
381.315(a)). The Agency must provide A copy of the application is included
the public with an opportunity to Similar to UPS, all drivers at YRC Freight,
in the docket referenced at the Holland and New Penn and a portion of
inspect the information relevant to the beginning of this notice. drivers at Reddaway are covered by
application, including any safety collective bargaining agreements. Almost all
analyses that have been conducted. The Alternative ELD Phase-In Method
drivers clock in through an electronic system
Agency must also provide an Subject to limited exceptions, section when they begin their day. Once clocked in
opportunity for public comment on the 395.8(a)(1)(i) of the FMCSRs requires they are required to perform non-driving
asabaliauskas on DSKBBXCHB2PROD with NOTICES
request. motor carriers to install and use ELDs duties as defined by collective bargaining
The Agency reviews the safety that comply with the technical agreements and company policies. As such,
analyses and the public comments and specifications prescribed for those YRCW requests the same exemption as stated
determines whether granting the devices no later than December 18, by UPS in Docket 2017–0054 on behalf of its
exemption would likely achieve a level 2017. However, section 395.8(a)(1)(ii) operating companies.
of safety equivalent to or greater than allows a motor carrier that installs, and Based on the above, YRCW requests
the level that would be achieved by the requires its drivers to use, compliant an exemption from the requirement to
current regulation (49 CFR 381.305). AOBRDs before the December 18, 2017, record the specific data elements
The decision of the Agency must be compliance date to continue to use identified in sections 395.26(c) and
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![Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Notices 43819
395.26(g) if the driver is not in the Vehicle Use by Exempt Employees information that becomes available after
vehicle when (1) the driver indicates a Operating on UPS Property the comment closing date. Interested
change of duty status, or (2) an Section 395.26(h) of the FMCSRs persons should continue to examine the
authorized user logs into or out of an requires an ELD to automatically record public docket for new material.
ELD, respectively. Instead, to assure certain data elements when a CMV’s Issued on: September 12, 2017.
accurate recording of on-duty, not engine is powered up or powered down. Larry W. Minor,
driving time, YRCW proposes that it In support of its application, YRCW Associate Administrator for Policy.
will ‘‘systematically annotate that the states: [FR Doc. 2017–19909 Filed 9–18–17; 8:45 am]
driver was performing other work.’’
YRCW believes that the proposed YRCW operating companies have exempt BILLING CODE 4910–EX–P
exemption ‘‘will have no impact on the employees, without commercial driver’s
licenses, who move vehicles within our
recordation of driving time’’ as all company yards for various purposes,
required vehicle data will be recorded DEPARTMENT OF THE TREASURY
including fueling, washing and maintenance.
when the driver is in the vehicle, and Vehicles will not be equipped with
‘‘the tractor data that would not be Bureau of the Fiscal Service
permanently attached ELD or AOBRD
recorded when the driver is not in the systems, nor will these drivers be assigned Proposed Collection of Information:
vehicle is not relevant to assessing the portable devices. As a result, exempt
individuals will not have the ability to input
List of Data (A) and List of Data (B)
accurate recordation of ‘on-duty, not
driving’ time.’’ data into an AOBRD or ELD device. As with
UPS, these trips are under one mile and
Notice and request for
ACTION:
Special Driving Mode for Yard Moves move less than 20mph on company property. comments.
Based on our similar operational practices
Section 395.28(a) of the FMCSRs and needs, YRCW companies requests the
SUMMARY: The Department of the
permits a motor carrier to configure an same exemption as requested by UPS, with Treasury, as part of its continuing effort
ELD to authorize a driver to indicate the understanding that movements in the to reduce paperwork and respondent
that the driver is operating a commercial yard will not be limited to washing and burden, invites the general public and
motor vehicle (CMV) under certain fueling. other Federal agencies to take this
special driving categories, including (1) Based on the above, YRCW requests opportunity to comment on proposed
authorized personal use, and (2) and an exemption from section 395.26, and and/or continuing information
yard moves. Section 395.28(a)(2) proposes to allow an alternative collections, as required by the
requires a driver to select the applicable approach to track vehicle usage by Paperwork Reduction Act of 1995.
special driving category on the ELD certain yard employees on YRCW Currently the Bureau of the Fiscal
before the start of the status, and to property. Specifically, YRCW proposes Service within the Department of the
deselect it when the indicated status that vehicle usage of less than 1 mile by Treasury is soliciting comments
ends. these exempt employees, conducted concerning the form List of Data (A) and
In support of its application, YRCW entirely on YRCW property, be List of Data (B).
states: annotated on an ELD as ‘‘on property— DATES: Written comments should be
Like UPS, almost all drivers for YRCW other.’’ YRCW states that these miles received on or before November 20,
operating companies are covered by a could be easily identified using geo- 2017 to be assured of consideration.
collective bargaining agreement which sets fencing and time-card information for ADDRESSES: Direct all written comments
out a contractual agreement that specifies road drivers and other employees. and requests for additional information
which categories of drivers may perform As noted in its application, YRCW to Bureau of the Fiscal Service, Bruce A.
certain driving duties such as coupling, believes that each of the requested Sharp, 200 Third Street A4–A,
uncoupling and moving equipment around Parkersburg, WV 26106–1328, or
exemptions will result in substantial
company yards. The ability to select a ‘‘yard
operational efficiencies, and will bruce.sharp@fiscal.treasury.gov.
move’’ status will eliminate multiple
unnecessary entries. Like UPS, the facilities maintain a level of safety that is SUPPLEMENTARY INFORMATION:
of YRCW’s operating companies maintain equivalent to, or greater than, the level Title: List of Data (A) and List of Data
posted speed and will be ‘‘geo-fenced.’’ of safety achieved without the (B).
YRCW proposes that driving status should be exemptions. OMB Number: 1530–0061.
activated once a vehicle reaches 20mph or Transfer of OMB Control Number: The
above and/or exits the facility. In addition to Request for Comments
Financial Management Service (FMS)
making drivers more efficient, allowing the In accordance with 49 U.S.C. 31315 and Bureau of Public Debt (BPD) have
‘‘yard move’’ status eliminates driver and 31136(e), FMCSA requests public consolidated to become the Bureau of
distractions and enables them to focus on
comment from all interested persons on the Fiscal Service (Fiscal Service).
safely operating vehicles in the yard.
YRCW’s application for an exemption Information collection requests
Based on the above, YRCW requests from 49 CFR part 395. All comments previously held separately by FMS and
an exemption from section received before the close of business on BPD will now be identified by a 1530
395.28(a)(2)(i) to allow its drivers to the comment closing date indicated at prefix, designating Fiscal Service.
select ‘‘yard move’’ status and remain in the beginning of this notice will be Abstract: This information is
that status even if the vehicle’s ignition considered and will be available for collected from insurance companies to
asabaliauskas on DSKBBXCHB2PROD with NOTICES
is cycled off and back on. Under the examination in the docket at the assist the Treasury Department in
proposed temporary exemption, and location listed under the ‘‘Addresses’’ determining acceptability of the
assuming that the driver does not go off section of this notice. Comments companies applying for a Certificate of
duty after performing the yard moves, received after the comment closing date Authority to write or reinsure Federal
YRCW states that the ELD would switch will be filed in the public docket and surety bonds and/or gain recognition as
to a ‘‘driving’’ duty status under section will be considered to the extent an Admitted Reinsurer.
395.24 if (1) the driver inputs ‘‘driving,’’ practicable. In addition to late Current Actions: Revision of a
(2) the vehicle exceeds 20 mph, or (3) comments, FMCSA will also continue to currently approved collection.
the vehicle exits the geo-fenced yard. file, in the public docket, relevant Type of Review: Regular.
VerDate Sep<11>2014 17:12 Sep 18, 2017 Jkt 241001 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1](https://thefederalregister.org/doc/82_FR_43997/page/3.svg)
Document Created: 2018-10-24 14:19:58
Document Modified: 2018-10-24 14:19:58
| 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 October 19, 2017. | |
| Contact | Mike Huntley, Vehicle and Roadside Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC- PSV, (202) 366-4325, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. | |
| FR Citation | 82 FR 43817 |
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