82 FR 47306 - Hours of Service of Drivers: Application for Exemption; Truck Renting and Leasing Association (TRALA)
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 82, Issue 195 (October 11, 2017)
Federal Motor Carrier Safety Administration
Federal Register Volume 82, Issue 195 (October 11, 2017)
| Page Range | 47306-47308 | |
| FR Document | 2017-21892 |
[Federal Register Volume 82, Number 195 (Wednesday, October 11, 2017)] [Notices] [Pages 47306-47308] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-21892] [[Page 47306]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2016-0428] Hours of Service of Drivers: Application for Exemption; Truck Renting and Leasing Association (TRALA) AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition; grant of application for exemption. ----------------------------------------------------------------------- SUMMARY: FMCSA announces its decision to grant the Truck Renting and Leasing Association (TRALA) a limited exemption from the requirement to use an electronic logging device (ELD) to record the driver's hours-of- service (HOS) no later than December 18, 2017. This limited exemption provides that all drivers of property-carrying commercial motor vehicles (CMVs) rented for 8 days or less, regardless of reason, are not required to use an ELD in the vehicle. While operating under this exemption, drivers will remain subject to the standard hours-of-service (HOS) limits, maintain a paper record of duty status (RODS) if required, and maintain a copy of the rental agreement on the vehicle. FMCSA has analyzed the exemption application and the public comments and has determined that the exemption, subject to the terms and conditions imposed, will achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption. DATES: The exemption is applicable from October 11, 2017 through October 11, 2022. FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 614-942-6477. Email: [email protected]. SUPPLEMENTARY INFORMATION: Background FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant exemptions from 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 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)) with the reason for the grant or denial, and, if granted, the specific person or class of persons receiving the exemption, and the regulatory provision or provisions from which exemption is granted. The notice must also 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 381.300(b)). Request for Exemption TRALA is a national trade association of companies whose members engage in commercial truck renting and leasing, vehicle finance leasing, and consumer truck rental. Its membership encompasses major independent firms such as Ryder System, Penske Truck Leasing, U-Haul, Budget, and Enterprise Truck Rental, as well as small and medium-size businesses that generally participate as members of four leasing group systems: Idealease, NationaLease, PACCAR Leasing Company, and Mack Leasing System-Volvo Truck Leasing System. In total, its nearly 500 member companies operate more than 5,000 commercial leasing and rental locations, and more than 20,000 consumer rental locations throughout the United States, Mexico and Canada. ``Renting'' is a term of art in the vehicle leasing industry, generally meaning a transaction granting the exclusive use of a vehicle for 30 days or less, whereas a lease generally means a transaction granting the exclusive use of a vehicle for more than 30 days. TRALA's application is on behalf of all drivers of property-carrying commercial motor vehicles (CMVs) rented for 30 days or less. While TRALA stated that it fully supports FMCSA's final rule to mandate ELDs, it is concerned about the unintended technical and operational consequences that will unfairly and adversely affect short- term rental vehicles. The commercial vehicle rental industry provides short-term rental services to a large population of drivers on a daily basis. Most of these drivers will normally employ an ELD to comply with the new rule. Considering the significant number of different device platforms and subscription options, it is unlikely that the driver's device would be able to communicate properly with the rental company's telematics platform. TRALA states that while FMCSA recognized during the rulemaking process these issues associated with a lack of interoperability among ELD systems, and required certain technical specifications in the final rule, the Agency stopped short of requiring full interoperability among ELDs. Many commenters to the proposed ELD rule raised similar interoperability concerns. However, the rule requires only that ELDs can transfer data electronically via either a ``telematics'' approach capable of wireless web service, or a ``local'' method capable of Bluetooth and USB 2.0 transfer. Furthermore, according to TRALA, the Agency decided ``not to require full interoperability between all ELDs,'' reasoning that ``[a]lthough full interoperability would have some benefits, it would also be complicated and costly'' (80 FR 78327, December 16, 2015). According to commenters, the Agency left it to the ELD manufacturers to address many concerns regarding non- interoperability of the various software systems on the market. TRALA elaborated on its two primary issues of concern relating to the exemption request: (1) Data transfer and, (2) data liability. TRALA described two potential data transfer problems. First, a customer who is required to use an ELD may rent a truck that has one operating system, while the customer may use another operating system for its drivers; data cannot be transferred from the rental vehicle to the customer's system unless both ELDs are on the same platform. In addition, upon request by an authorized safety official, a driver must produce and transfer the driver's HOS records from an ELD in accordance with 49 CFR 395.24(d). This would include the driver's duty status for the current 24-hour period and the prior seven days. However, if the driver is operating a rental vehicle with an ELD that is not compatible with the driver's normal ELD system, the data will not transfer to the new vehicle's ELD system. TRALA states that scenario would be considered an ``ELD malfunction'' and the driver would be required to reconstruct the RODS for the current 24-hour period and the previous seven consecutive days on graph grid paper logs. TRALA's application requests that drivers of short-term rental vehicles be allowed to avoid the uncertainties of attempting compliance with the HOS rules using non-compatible ELD systems, and instead use paper RODS during the rental period. TRALA contends that CMVs are more prone to break-downs than non- CMVs because of their heavy use. When CMVs [[Page 47307]] break-down, they are often replaced temporarily by short-term rental vehicles until the original truck can be repaired. TRALA claims that these repairs can take days, if not several weeks, to complete. More often than not, replacement vehicles come from a third-party rental company, which increases the likelihood that the replacement truck would have a different ELD operating system than the vehicle it is replacing, thus impeding data transfer. TRALA's second primary issue involves data liability concerns. TRALA states that it has been suggested that rental companies should be able to collect and report ELD data to customers, allowing customers to access the data seamlessly. However, the final rule does not require ELDs to be capable of reading and combining exported data from other providers. Furthermore, lessors do not have the ability to combine data from different devices into one report. Requiring lessors to bear the burden of safeguarding the data for each renter would expose the rental company to tremendous risk with respect to data security and protection. All parties involved in the business transaction would probably reject rental companies' assumption of these risks on behalf of their customers. Public Comments On March 22, 2017, FMCSA published notice of this application and requested public comment (82 FR 14789). The Agency received 429 docket comments, over 95% supporting the TRALA request. Among those in favor of the exemption were the following industry trade associations: The American Trucking Associations, Inc. (ATA); the National Association of Chemical Distributors (NACD), National Tank Truck Carriers (NTTC), National Private Truck Council (NPTC), Truckload Carriers Association (TCA), and the National Automobile Dealership Association (NADA). The fireworks industry, including the American Pyrotechnics Association (APA), filed 30 comments in support of the request. Principal opponents of the exemption were the Advocates for Highway and Auto Safety (Advocates) and the Owner-Operator Independent Driver's Association (OOIDA). Commenters gave three primary reasons in support of the request. First, they believe there is currently a significant technology gap that will not allow different ELD systems to communicate and share information with each other. As many rental companies must individually collect their own data to comply with the International Fuel Tax Agreement (IFTA) and International Registration Plan, the interoperability of ELD technology will create more challenges than solutions for the short-term rental market as compared to the vast majority of trucks that are owned or leased. Further, all ELDs must be capable of exporting data in a standard file format to facilitate importing by other systems. However, devices and systems are not required to be capable of importing these records. This means that transferring data, whether through ``memory sticks'' or other applications, will not work with the technology currently available. TRALA states that several ELD manufacturers have already commented that ``plug and play'' devices are years away from being operational; and given the small percentage of trucks that would be impacted by these efforts, it is unlikely that major technological advances will occur in the next few years. Another benefit of a short-term rental exemption would be a simpler roadside inspection process since short-term rentals of 30 days or less do not require a truck to display the user's U.S. DOT number. The continued use of paper logs would alleviate any confusion in the inspection process since a law enforcement officer would immediately recognize a short-term rental vehicle when handed the rental agreement. That consistency would speed up the process and create less confusion. This current rule also requires that a rental contract of 30 days or less be carried in the truck at all times. This existing requirement can allow authorities to confirm the short-term nature of the rental. Those opposing the TRALA request commented that the application does not meet the statutory and regulatory requirements for the exemption. It fails to consider practical alternatives, justify the need for the exemption, provide an analysis of the safety impacts the requested exemption may cause, and provide information on the specific countermeasures to be undertaken to ensure that the exemption will achieve an equivalent or greater level of safety than would be achieved absent the exemption. A second comment in opposition noted that TRALA cites technical concerns regarding interoperability of data between devices, truck break-downs, and data transfer and liability concerns as reasons why their vehicles should be exempted from the ELD mandate. While these points are legitimate, the commenter argued that they are not limited to the truck renting and leasing industry. Carriers of all sizes will encounter these same problems, along with ELD manufacturers and law enforcement agencies. Exempting one segment of the trucking industry will not change that. All comments are available for review in the docket for this notice. FMCSA Decision FMCSA has evaluated TRALA's application and the public comments and decided to grant a limited exemption for the driver and carrier of a CMV rented for 8 days or fewer, regardless of reason. FMCSA has determined that an exemption period of up to 30 days, as requested, is unnecessarily long given the importance of ELDs to ensure the accuracy of HOS records. One condition of the exemption is that a copy of the rental agreement must be carried on the vehicle and made available to law enforcement. Another is that the driver must possess copies of his or her RODS for the current and prior 7 days, if required on those days. A high proportion of the comments supported the exemption. The Agency believes that an exemption period of up to 8 days for drivers of rental CMVs would give most carriers sufficient time to repair or replace their usual vehicles while minimizing any temptation to extend non-ELD operations. The use of paper records of duty status (RODS) will not create an undue risk of non-compliance when limited to this short period. An 8-day exemption period coincides with 49 CFR 395.34(d), which provides that a motor carrier that receives or discovers information about an ELD malfunction must correct it within 8 days. During that 8-day malfunction window, the driver must reconstruct the RODS for the current 24-hour period, and the previous seven consecutive days. The 8-day exemption for rental CMVs would follow that pattern. The exempt driver must have a copy of his/her RODS for the current day and the prior seven days. Under these conditions, FMCSA believes that exempt drivers and carriers--like those operating under section 395.34(d)--are likely to achieve a level of safety that is equivalent to, or greater than, the level of safety achieved without the exemption (49 CFR 381.305(a)). In addition, the 2014 ``The Rental Truck Safety Study Report to Congress,'' prepared by FMCSA,\1\ found no problem with rental trucks. In the period 2005-2010, the Trucks Involved in Fatal Accidents (TIFA) database recorded no instances in which the critical reason [[Page 47308]] for the crash was assigned to the rental truck driver. --------------------------------------------------------------------------- \1\ www.fmcsa.dot.gov/mission/policy/rental-truck-safety-study-report. --------------------------------------------------------------------------- Terms and Conditions of the Exemption Terms of the ExemptionThis exemption from the requirements of 49 CFR 395.8(a)(1)(i) is effective from October 11, 2017 through October 11, 2022. This exemption covers a rental period of 8 days or fewer, regardless of reason for the rental. Evidence that a carrier has replaced one rental CMV with another on 8-day cycles or attempted to renew a rental agreement for the same CMV for an additional 8 days will be regarded as a violation of the exemption and subject the carrier to the penalties for failure to use an ELD. Drivers must have a copy of this notice or equivalent signed FMCSA exemption document in their possession while operating under the terms of the exemption. The exemption document must be presented to law enforcement officials upon request. Drivers must have a copy of the rental agreement in the CMV, and make it available to law enforcement officers on request. The agreement must clearly identify the parties to the agreement, the vehicle, and the dates of the rental period. Driver must possess copies of their RODS for the current day and the prior 7 days, if required on those days. Preemption In accordance with 49 U.S.C. 31313(d), as implemented by 49 CFR 381.600, during the period this exemption is in effect, no State shall enforce any law or regulation applicable to interstate commerce that conflicts with or is inconsistent with this exemption with respect to a firm or person operating under the exemption. States may, but are not required to, adopt the same exemption with respect to operations in intrastate commerce. Notification to FMCSA Carriers operating under this exemption must notify FMCSA within 5 business days of any accident (as defined in 49 CFR 390.5), involving any of the motor carrier's drivers operating under the terms of this exemption. The notification must include the following information: (a) Identity of Exemption: ``TRALA'' (b) Date of the accident, (c) City or town, and State, in which the accident occurred, or closest to the accident scene, (d) Driver's name and license number, (e) Co-driver's name and license number, (f) Vehicle number and State license number, (g) Number of individuals suffering physical injury, (h) Number of fatalities, (i) The police-reported cause of the accident, (j) Whether the driver was cited for violation of any traffic laws, motor carrier safety regulations, and (k) The total driving time and total on-duty time period prior to the accident. Accident notifications shall be emailed to [email protected]. Termination FMCSA believes that drivers of short-term rental vehicles will continue to maintain their previous safety record while operating under this exemption. However, should problems occur, FMCSA will take all steps necessary to protect the public interest, including revocation or restriction of the exemption. FMCSA will immediately restrict participation in the exemption for failure to comply with its terms and conditions. Issued on: September 28, 2017. Daphne Y. Jefferson, Deputy Administrator. [FR Doc. 2017-21892 Filed 10-10-17; 8:45 am] BILLING CODE 4910-EX-P
![47306 Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Notices
DEPARTMENT OF TRANSPORTATION determines whether granting the FMCSA recognized during the
exemption would likely achieve a level rulemaking process these issues
Federal Motor Carrier Safety of safety equivalent to, or greater than, associated with a lack of interoperability
Administration the level that would be achieved by the among ELD systems, and required
[Docket No. FMCSA–2016–0428] current regulation (49 CFR 381.305). certain technical specifications in the
The decision of the Agency must be final rule, the Agency stopped short of
Hours of Service of Drivers: published in the Federal Register (49 requiring full interoperability among
Application for Exemption; Truck CFR 381.315(b)) with the reason for the ELDs.
Renting and Leasing Association grant or denial, and, if granted, the Many commenters to the proposed
(TRALA) specific person or class of persons ELD rule raised similar interoperability
receiving the exemption, and the concerns. However, the rule requires
AGENCY: Federal Motor Carrier Safety regulatory provision or provisions from only that ELDs can transfer data
Administration (FMCSA), DOT. which exemption is granted. The notice electronically via either a ‘‘telematics’’
ACTION: Notice of final disposition; grant must also specify the effective period of approach capable of wireless web
of application for exemption. the exemption (up to 5 years), and service, or a ‘‘local’’ method capable of
explain the terms and conditions of the Bluetooth and USB 2.0 transfer.
SUMMARY: FMCSA announces its
exemption. The exemption may be Furthermore, according to TRALA, the
decision to grant the Truck Renting and
renewed (49 CFR 381.300(b)). Agency decided ‘‘not to require full
Leasing Association (TRALA) a limited
interoperability between all ELDs,’’
exemption from the requirement to use Request for Exemption reasoning that ‘‘[a]lthough full
an electronic logging device (ELD) to TRALA is a national trade association interoperability would have some
record the driver’s hours-of-service of companies whose members engage in benefits, it would also be complicated
(HOS) no later than December 18, 2017. commercial truck renting and leasing, and costly’’ (80 FR 78327, December 16,
This limited exemption provides that all vehicle finance leasing, and consumer 2015). According to commenters, the
drivers of property-carrying commercial truck rental. Its membership Agency left it to the ELD manufacturers
motor vehicles (CMVs) rented for 8 days encompasses major independent firms to address many concerns regarding
or less, regardless of reason, are not such as Ryder System, Penske Truck non-interoperability of the various
required to use an ELD in the vehicle. Leasing, U-Haul, Budget, and Enterprise software systems on the market.
While operating under this exemption, Truck Rental, as well as small and TRALA elaborated on its two primary
drivers will remain subject to the medium-size businesses that generally issues of concern relating to the
standard hours-of-service (HOS) limits, participate as members of four leasing exemption request: (1) Data transfer and,
maintain a paper record of duty status group systems: Idealease, NationaLease, (2) data liability.
(RODS) if required, and maintain a copy PACCAR Leasing Company, and Mack TRALA described two potential data
of the rental agreement on the vehicle. Leasing System-Volvo Truck Leasing transfer problems. First, a customer who
FMCSA has analyzed the exemption System. In total, its nearly 500 member is required to use an ELD may rent a
application and the public comments companies operate more than 5,000 truck that has one operating system,
and has determined that the exemption, commercial leasing and rental locations, while the customer may use another
subject to the terms and conditions and more than 20,000 consumer rental operating system for its drivers; data
imposed, will achieve a level of safety locations throughout the United States, cannot be transferred from the rental
that is equivalent to, or greater than, the Mexico and Canada. vehicle to the customer’s system unless
level that would be achieved absent ‘‘Renting’’ is a term of art in the both ELDs are on the same platform. In
such exemption. vehicle leasing industry, generally addition, upon request by an authorized
DATES: The exemption is applicable meaning a transaction granting the safety official, a driver must produce
from October 11, 2017 through October exclusive use of a vehicle for 30 days or and transfer the driver’s HOS records
11, 2022. less, whereas a lease generally means a from an ELD in accordance with 49 CFR
FOR FURTHER INFORMATION CONTACT: Mr. transaction granting the exclusive use of 395.24(d). This would include the
Thomas Yager, Chief, FMCSA Driver a vehicle for more than 30 days. driver’s duty status for the current 24-
and Carrier Operations Division; Office TRALA’s application is on behalf of all hour period and the prior seven days.
of Carrier, Driver and Vehicle Safety drivers of property-carrying commercial However, if the driver is operating a
Standards; Telephone: 614–942–6477. motor vehicles (CMVs) rented for 30 rental vehicle with an ELD that is not
Email: MCPSD@dot.gov. days or less. compatible with the driver’s normal
SUPPLEMENTARY INFORMATION: While TRALA stated that it fully ELD system, the data will not transfer to
supports FMCSA’s final rule to mandate the new vehicle’s ELD system. TRALA
Background ELDs, it is concerned about the states that scenario would be considered
FMCSA has authority under 49 U.S.C. unintended technical and operational an ‘‘ELD malfunction’’ and the driver
31136(e) and 31315 to grant exemptions consequences that will unfairly and would be required to reconstruct the
from the Federal Motor Carrier Safety adversely affect short-term rental RODS for the current 24-hour period
Regulations (FMCSRs). FMCSA must vehicles. The commercial vehicle rental and the previous seven consecutive
publish a notice of each exemption industry provides short-term rental days on graph grid paper logs. TRALA’s
request in the Federal Register (49 CFR services to a large population of drivers application requests that drivers of
asabaliauskas on DSKBBXCHB2PROD with NOTICES
381.315(a)). The Agency must provide on a daily basis. Most of these drivers short-term rental vehicles be allowed to
the public an opportunity to inspect the will normally employ an ELD to comply avoid the uncertainties of attempting
information relevant to the application, with the new rule. Considering the compliance with the HOS rules using
including any safety analyses that have significant number of different device non-compatible ELD systems, and
been conducted. The Agency must also platforms and subscription options, it is instead use paper RODS during the
provide an opportunity for public unlikely that the driver’s device would rental period.
comment on the request. be able to communicate properly with TRALA contends that CMVs are more
The Agency reviews the safety the rental company’s telematics prone to break-downs than non-CMVs
analyses and the public comments, and platform. TRALA states that while because of their heavy use. When CMVs
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![47308 Federal Register / Vol. 82, No. 195 / Wednesday, October 11, 2017 / Notices
for the crash was assigned to the rental (f) Vehicle number and State license Office hours are from 8:30 a.m. to 5
truck driver. number, p.m., e.t., Monday through Friday,
(g) Number of individuals suffering except Federal holidays. If you have
Terms and Conditions of the Exemption
physical injury, questions regarding viewing or
Terms of the Exemption (h) Number of fatalities, submitting material to the docket,
(i) The police-reported cause of the contact Docket Services, telephone (202)
• This exemption from the
accident, 366–9826.
requirements of 49 CFR 395.8(a)(1)(i) is
(j) Whether the driver was cited for SUPPLEMENTARY INFORMATION:
effective from October 11, 2017 through
violation of any traffic laws, motor
October 11, 2022. I. Electronic Access
carrier safety regulations, and
• This exemption covers a rental
(k) The total driving time and total on- You may see all the comments online
period of 8 days or fewer, regardless of
duty time period prior to the accident. through the Federal Document
reason for the rental. Evidence that a
Accident notifications shall be Management System (FDMS) at: http://
carrier has replaced one rental CMV
emailed to MCPSD@dot.gov. www.regulations.gov.
with another on 8-day cycles or Docket: For access to the docket to
attempted to renew a rental agreement Termination read background documents or
for the same CMV for an additional 8 FMCSA believes that drivers of short- comments, go to http://
days will be regarded as a violation of term rental vehicles will continue to www.regulations.gov and/or Room
the exemption and subject the carrier to maintain their previous safety record W12–140 on the ground level of the
the penalties for failure to use an ELD. while operating under this exemption. West Building, 1200 New Jersey Avenue
• Drivers must have a copy of this However, should problems occur, SE., Washington, DC, between 9 a.m.
notice or equivalent signed FMCSA FMCSA will take all steps necessary to and 5 p.m., e.t., Monday through Friday,
exemption document in their possession protect the public interest, including except Federal holidays.
while operating under the terms of the revocation or restriction of the Privacy Act: In accordance with 5
exemption. The exemption document exemption. FMCSA will immediately U.S.C. 553(c), DOT solicits comments
must be presented to law enforcement restrict participation in the exemption from the public to better inform its
officials upon request. for failure to comply with its terms and rulemaking process. DOT posts these
• Drivers must have a copy of the conditions. comments, without edit, including any
rental agreement in the CMV, and make personal information the commenter
it available to law enforcement officers Issued on: September 28, 2017.
Daphne Y. Jefferson,
provides, to http://www.regulations.gov,
on request. The agreement must clearly as described in the system of records
identify the parties to the agreement, the Deputy Administrator.
notice (DOT/ALL–14 FDMS), which can
vehicle, and the dates of the rental [FR Doc. 2017–21892 Filed 10–10–17; 8:45 am]
be reviewed at http://www.dot.gov/
period. BILLING CODE 4910–EX–P privacy.
• Driver must possess copies of their
RODS for the current day and the prior II. Background
7 days, if required on those days. DEPARTMENT OF TRANSPORTATION On July 27, 2017, FMCSA published
Preemption a notice announcing receipt of
Federal Motor Carrier Safety applications from 47 individuals
In accordance with 49 U.S.C. Administration requesting an exemption from diabetes
31313(d), as implemented by 49 CFR [Docket No. FMCSA–2017–0038] requirement in 49 CFR 391.41(b)(3) and
381.600, during the period this requested comments from the public (82
exemption is in effect, no State shall Qualification of Drivers; Exemption FR 35033). The public comment period
enforce any law or regulation applicable Applications; Diabetes Mellitus ended on August 28, 2017, and two
to interstate commerce that conflicts comments were received.
with or is inconsistent with this AGENCY: Federal Motor Carrier Safety
FMCSA has evaluated the eligibility
exemption with respect to a firm or Administration (FMCSA), DOT
of these applicants and determined that
person operating under the exemption. ACTION: Notice of final disposition. granting the exemptions to these
States may, but are not required to, individuals would achieve a level of
SUMMARY: FMCSA announces its
adopt the same exemption with respect safety equivalent to or greater than the
decision to exempt 47 individuals from
to operations in intrastate commerce. level that would be achieved by
the prohibition in the Federal Motor
Notification to FMCSA Carrier Safety Regulations (FMCSRs) complying with the current regulation
against persons with insulin-treated 49 CFR 391.41(b)(3).
Carriers operating under this The physical qualification standard
exemption must notify FMCSA within 5 diabetes mellitus (ITDM) from operating
for drivers regarding diabetes found in
business days of any accident (as a commercial motor vehicle (CMV) in
49 CFR 391.41(b)(3) states that a person
defined in 49 CFR 390.5), involving any interstate commerce. The exemptions
is physically qualified to drive a CMV
of the motor carrier’s drivers operating enable these individuals with ITDM to
if that person:
under the terms of this exemption. The operate CMVs in interstate commerce.
DATES: The exemptions were applicable Has no established medical history or
notification must include the following clinical diagnosis of diabetes mellitus
on August 29, 2017. The exemptions
asabaliauskas on DSKBBXCHB2PROD with NOTICES
information: currently requiring insulin for control.
(a) Identity of Exemption: ‘‘TRALA’’ expire on August 29, 2019.
(b) Date of the accident, FOR FURTHER INFORMATION CONTACT: Ms. III. Discussion of Comments
(c) City or town, and State, in which Christine A. Hydock, Chief, Medical FMCSA received two comments in
the accident occurred, or closest to the Programs Division, (202) 366–4001, this proceeding. Givonna Hymel stated
accident scene, fmcsamedical@dot.gov, FMCSA, that she believes the exemption
(d) Driver’s name and license number, Department of Transportation, 1200 application process should be
(e) Co-driver’s name and license New Jersey Avenue SE., Room W64– shortened, and that the program in its
number, 224, Washington, DC 20590–0001. current form is unfair and
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Document Created: 2018-10-25 09:59:30
Document Modified: 2018-10-25 09:59:30
| 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 final disposition; grant of application for exemption. | |
| Dates | The exemption is applicable from October 11, 2017 through October 11, 2022. | |
| Contact | Mr. Thomas Yager, Chief, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 614-942-6477. Email: [email protected] | |
| FR Citation | 82 FR 47306 |
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