83 FR 2868 - Hours of Service; Electronic Logging Devices; Limited 90-Day Waiver; Truck Renting and Leasing Association, Inc.
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 13 (January 19, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 13 (January 19, 2018)
| Page Range | 2868-2869 | |
| FR Document | 2018-00843 |
[Federal Register Volume 83, Number 13 (Friday, January 19, 2018)] [Notices] [Pages 2868-2869] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-00843] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2016-0428] Hours of Service; Electronic Logging Devices; Limited 90-Day Waiver; Truck Renting and Leasing Association, Inc. AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT ACTION: Notice; grant of waiver. ----------------------------------------------------------------------- SUMMARY: FMCSA grants a limited 3-month waiver from the Federal hours- of-service (HOS) requirements for electronic logging devices (ELDs) to motor carriers and drivers operating property-carrying commercial motor vehicles (CMVs) that are rented for a period not exceeding 30 days. The Agency takes this action in response to a waiver request from the Truck Renting and Leasing Association, Inc. (TRALA). The Agency has determined that granting this waiver is in the public interest and will likely achieve a level of safety that is equivalent to the level that would be achieved absent the waiver, based on the terms and conditions imposed. DATES: This waiver is effective January 19, 2018, through April 19, 2018. FOR FURTHER INFORMATION CONTACT: Thomas L. Yager, Chief, Driver and Carrier Operations Division, Office of Bus and Truck Standards and Operations, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave. SE, Washington, DC 20590. Email: [email protected]. Phone: (614) 942-6477. SUPPLEMENTARY INFORMATION: Legal Basis The Transportation Equity Act for the 21st Century (TEA-21) (Pub. L. 105-178, 112 Stat. 107, sec. 4007(a) June 9, 1998) provides the Secretary of Transportation (the Secretary) the authority to grant waivers from any of the Federal Motor Carrier Safety Regulations issued under Chapter 313 of Title 49 of the United States Code or 49 U.S.C. 31136, to a person(s) seeking regulatory relief (49 U.S.C. 31136(e), 31315(a)). The Secretary must make a determination that the waiver is in the public interest and that it is likely to achieve a level of safety that is equivalent to, or greater than, the level of safety that would be obtained in the absence of the waiver. Individual waivers may be granted only for a specific unique, non-emergency event, for a period up to three months. TEA-21 authorizes the Secretary to grant waivers without prior notice or request for public comment. The Administrator of FMCSA has been delegated authority under 49 CFR 1.87(e) to carry out the functions vested in the Secretary by 49 U.S.C. chapter 311, subchapters I and III, relating to commercial motor vehicle programs and safety regulations. Background TRALA is a national trade association representing companies that engage in commercial truck renting and leasing as well as consumer truck rentals. 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. 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. In November 2016, TRALA submitted a petition requesting a 5-year exemption on behalf of operators of property-carrying commercial motor vehicles rented for 30 days or fewer from the requirement that motor carriers whose drivers are required to keep records of duty status (RODS) under the HOS rules generally must employ ELDs beginning December 18, 2017, in lieu of paper logs, pursuant to an FMCSA rule published December 16, 2015 (80 FR 78292). While TRALA stated that it supported the ELD mandate, it was concerned about unintended technical and operational consequences that would unfairly and adversely affect short-term rental vehicles, namely, lack of interoperability between the motor carrier's ELD technology and the rental company's platform, potentially precluding data transfer between the two systems. TRALA also raised concerns about data liability, particularly if the rental companies needed to bear the burden of safeguarding data on behalf of the motor carrier. In accordance with 49 CFR 381.315, FMCSA sought public comment on TRALA's exemption request (82 FR 14789 (Mar. 22, 2017)). FMCSA evaluated TRALA's application and the public comments and granted a limited exception, subject to specified terms and conditions, but only for rentals not exceeding 8 days (82 FR 47306 (Oct. 11, 2017)). Waiver Request After FMCSA granted TRALA's exemption in part, TRALA filed a request for a 90-day waiver from the ELD requirement for truck rentals not exceeding 30 days. TRALA indicated that a 90-day waiver would allow rental companies and their customers ``critical additional time to develop compliance strategies'' to address ``unique issues relating to the use of ELDs in short-term rental vehicles'' and allow time for [[Page 2869]] TRALA to consider whether to petition for reconsideration of FMCSA's action on its exemption. TRALA described unique challenges faced by operators of short-term rentals, namely the lack of interoperability between ELD device platforms, a situation that requires rental companies to address how their customers' drivers might record their HOS using ELDs as efficiently as possible. TRALA described several steps its members have taken since FMCSA's October 11, 2017, decision granting a partial exemption for rental trucks, including building cloud-based portal systems between ELD providers and purchasers of ELDs. Nevertheless, TRALA states that additional time is required and that a 90-day waiver would allow its members to continue working through the issues presented by the required technology and the need for individual customer-based compliance strategies. TRALA stated that the waiver would not result in any adverse impact on safety as drivers of rental vehicles would remain subject to HOS regulations and the requirement to keep paper records of duty status under 49 CFR 395.3 and 395.8. Furthermore, TRALA stated that planned enforcement activities would not be compromised, given the decision that CMVs will not be placed out-of-service and carriers' Safety Measurement System scores will not be impacted for failure to employ ELDs through April 1, 2018. Finally, TRALA explained why the waiver would not serve as a safe harbor for carriers seeking to avoid compliance with the HOS regulations, given the increased cost of operating under short-term rental arrangements. FMCSA Determination Given the obstacles to ELD implementation unique to short-term CMV rentals and the impact on carriers renting trucks for a period not exceeding 30 days, FMCSA finds it is in the public interest to grant a limited 3-month waiver from the requirement that carriers and drivers operating rental CMVs in interstate commerce employ ELDs effective December 18, 2017. This waiver will avoid business disruptions for carriers required to employ short-term rentals, regardless of the reason, and allow businesses renting CMVs to continue their work to reconcile the ELD requirement with the needs of their individual customers. Given the brief time frame during which the waiver will be in effect and the terms and conditions applicable to drivers operating under its provisions, FMCSA finds that a level of safety is likely to be achieved that is equivalent to the level that would be obtained absent the waiver. Because this waiver applies to all short-term truck rentals not exceeding 30 days, during a time period both the previous exemption and this waiver are in effect, this waiver supersedes the exemption granted to TRALA on October 11, 2017 (82 FR 47306) to the extent there is any inconsistency. Terms and Conditions of the Waiver (1) This waiver from the requirements of 49 CFR 395.8(a)(1)(i) is effective from January 19, 2018, through April 19, 2018. (2) This exemption covers rental of any property-carrying CMV for a period of 30 days or less, regardless of the reason for the rental. Evidence that a carrier has replaced one rental CMV with another on 30- day cycles or attempted to renew a rental agreement for the same CMV for a period beyond 30 days will be regarded as a violation of the waiver. (3) Carriers and drivers operating under this waiver must comply with all other applicable requirements of the Federal Motor Carrier Safety Regulations, including the preparation of paper records of duty status (RODS) for operations which are currently considered to be subject to the HOS rules and the record retention requirements associated with those RODs and supporting documents. (4) Motor carriers operating under this waiver must have a ``satisfactory'' safety rating from FMCSA or be unrated; motor carriers with ``conditional'' or ``unsatisfactory'' safety ratings are prohibited from taking advantage of the waiver. (5) Carriers operating under this waiver must ensure that their drivers carry a copy of this Federal Register notice in the vehicle and present it to motor carrier safety enforcement officials upon request. (6) Crash Notification to FMCSA Carriers operating under this waiver 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 waiver. The notification must include the following information: (a) Identity of Waiver: ``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 (if applicable), (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 or motor carrier safety regulations, and (k) The total driving time and total on-duty time period prior to the accident. Accident notifications must be emailed to [email protected]. (7) FMCSA expects that any drivers and their employing motor carrier operating under the terms and conditions of this waiver will maintain their safety record. Should any safety problems be discovered, however, FMCSA will take all steps necessary to protect the public interest. Use of this waiver is voluntary, and FMCSA will immediately revoke the waiver for any interstate driver or motor carrier for failure to comply with the terms and conditions of the waiver. Preemption of State Requirements Consistent with 49 U.S.C. 31315(d), this waiver preempts inconsistent State or local requirements applicable to interstate commerce. Issued on: January 12, 2018. Cathy F. Gautreaux, Deputy Administrator. [FR Doc. 2018-00843 Filed 1-18-18; 8:45 am] BILLING CODE 4910-EX-P
![2868 Federal Register / Vol. 83, No. 13 / Friday, January 19, 2018 / Notices
6. Historic and Cultural Resources: Section property-carrying commercial motor well as small and medium-size
106 of the National Historic Preservation vehicles (CMVs) that are rented for a businesses that generally participate as
Act of 1966, [54 U.S.C. 306108]; period not exceeding 30 days. The members of four leasing group systems:
Archeological Resources Protection Act
Agency takes this action in response to Idealease, NationaLease, PACCAR
of 1977 [16 U.S.C. 470(aa)–470(mm)];
Archeological and Historic Preservation a waiver request from the Truck Renting Leasing company, and Mack Leasing
Act [16 U.S.C. 469–469 c–2]; Native and Leasing Association, Inc. (TRALA). System-Volvo Truck Leasing. In total, its
American Grave Protection and The Agency has determined that nearly 500 member companies operate
Repatriation Act [25 U.S.C. 3001–3013]. granting this waiver is in the public more than 5,000 commercial leasing and
7. Land: Section 4(f) of The Department of interest and will likely achieve a level rental locations, and more than 20,000
Transportation Act: [49 U.S.C. 303] of safety that is equivalent to the level consumer rental locations throughout
Farmland Protection Policy Act (FPPA) that would be achieved absent the the United States, Mexico, and Canada.
[7 U.S.C. 4201–4209]. Solid Waste ‘‘Renting’’ is a term of art in the vehicle
Disposal Act, as amended by the
waiver, based on the terms and
Resource Conservation and Recovery Act conditions imposed. leasing industry, generally meaning a
of 1976 (42 U.S.C. 6901, et seq.). DATES: This waiver is effective January transaction granting the exclusive use of
8. Social and Economic: Civil Rights Act of 19, 2018, through April 19, 2018. a vehicle for 30 days or less, whereas a
1964 [42 U.S.C. 2000(d)–2000(d)(1)]; FOR FURTHER INFORMATION CONTACT:
lease generally means a transaction
Uniform Relocation Assistance and Real Thomas L. Yager, Chief, Driver and granting the exclusive use of a vehicle
Property Acquisition Act [42 U.S.C. 61].
Carrier Operations Division, Office of for more than 30 days.
9. Wetlands and Water Resources: Clean In November 2016, TRALA submitted
Water Act [33 U.S.C 1251–1387(Sections Bus and Truck Standards and
a petition requesting a 5-year exemption
319, 401, and 404)]; Flood Disaster Operations, Federal Motor Carrier Safety
on behalf of operators of property-
Protection Act (42 U.S.C. 4012a 4106). Administration, 1200 New Jersey Ave.
carrying commercial motor vehicles
10. Executive Orders: E.O. 11990 Protection SE, Washington, DC 20590. Email: rented for 30 days or fewer from the
of Wetlands; E.O. 12898, Federal Actions MCPSD@dot.gov. Phone: (614) 942–
to Address Environmental Justice in requirement that motor carriers whose
6477. drivers are required to keep records of
Minority Populations and Low Income
Populations; E.O. 11514 Protection and SUPPLEMENTARY INFORMATION: duty status (RODS) under the HOS rules
Enhancement of Environmental Quality;
Legal Basis generally must employ ELDs beginning
E.O. 11988 Floodplain Management; E.O. December 18, 2017, in lieu of paper
11593 Protection and Enhancement of The Transportation Equity Act for the logs, pursuant to an FMCSA rule
Cultural Resources; E.O. 13007 Indian 21st Century (TEA–21) (Pub. L. 105– published December 16, 2015 (80 FR
Sacred Sites; E.O. 13287 Preserve 178, 112 Stat. 107, sec. 4007(a) June 9, 78292). While TRALA stated that it
America; E.O. 13175 Consultation and 1998) provides the Secretary of
Coordination with Indian Tribal supported the ELD mandate, it was
Transportation (the Secretary) the concerned about unintended technical
Governments; E.O. 13112 Invasive
Species. authority to grant waivers from any of and operational consequences that
the Federal Motor Carrier Safety would unfairly and adversely affect
(Catalog of Federal Domestic Assistance
Program Number 20.205, Highway Planning Regulations issued under Chapter 313 of short-term rental vehicles, namely, lack
and Construction. The regulations Title 49 of the United States Code or 49 of interoperability between the motor
implementing Executive Order 12372 U.S.C. 31136, to a person(s) seeking carrier’s ELD technology and the rental
regarding intergovernmental consultation on regulatory relief (49 U.S.C. 31136(e), company’s platform, potentially
Federal programs and activities apply to this 31315(a)). The Secretary must make a precluding data transfer between the
program.) determination that the waiver is in the two systems. TRALA also raised
Authority: 23 U.S.C. 139(l)(1) public interest and that it is likely to concerns about data liability,
Issued on: January 9, 2018. achieve a level of safety that is particularly if the rental companies
equivalent to, or greater than, the level needed to bear the burden of
Barbara Breslin,
of safety that would be obtained in the safeguarding data on behalf of the motor
FHWA Rhode Island Division Second in Line,
absence of the waiver. Individual carrier.
Providence, Rhode Island.
waivers may be granted only for a In accordance with 49 CFR 381.315,
[FR Doc. 2018–00665 Filed 1–18–18; 8:45 am]
specific unique, non-emergency event, FMCSA sought public comment on
BILLING CODE 4910–22–P
for a period up to three months. TEA– TRALA’s exemption request (82 FR
21 authorizes the Secretary to grant 14789 (Mar. 22, 2017)). FMCSA
waivers without prior notice or request evaluated TRALA’s application and the
DEPARTMENT OF TRANSPORTATION
for public comment. public comments and granted a limited
Federal Motor Carrier Safety The Administrator of FMCSA has exception, subject to specified terms
Administration been delegated authority under 49 CFR and conditions, but only for rentals not
1.87(e) to carry out the functions vested exceeding 8 days (82 FR 47306 (Oct. 11,
[Docket No. FMCSA–2016–0428] in the Secretary by 49 U.S.C. chapter 2017)).
311, subchapters I and III, relating to
Hours of Service; Electronic Logging Waiver Request
commercial motor vehicle programs and
Devices; Limited 90-Day Waiver; Truck safety regulations. After FMCSA granted TRALA’s
Renting and Leasing Association, Inc. exemption in part, TRALA filed a
Background request for a 90-day waiver from the
AGENCY: Federal Motor Carrier Safety
Administration (FMCSA), DOT TRALA is a national trade association ELD requirement for truck rentals not
daltland on DSKBBV9HB2PROD with NOTICES
ACTION: Notice; grant of waiver. representing companies that engage in exceeding 30 days. TRALA indicated
commercial truck renting and leasing as that a 90-day waiver would allow rental
SUMMARY: FMCSA grants a limited 3- well as consumer truck rentals. Its companies and their customers ‘‘critical
month waiver from the Federal hours- membership encompasses major additional time to develop compliance
of-service (HOS) requirements for independent firms such as Ryder strategies’’ to address ‘‘unique issues
electronic logging devices (ELDs) to System, Penske Truck Leasing, U-Haul, relating to the use of ELDs in short-term
motor carriers and drivers operating Budget, and Enterprise Truck Rental, as rental vehicles’’ and allow time for
VerDate Sep<11>2014 17:05 Jan 18, 2018 Jkt 244001 PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 E:\FR\FM\19JAN1.SGM 19JAN1](https://thefederalregister.org/doc/83_FR_2881/page/1.svg)
![Federal Register / Vol. 83, No. 13 / Friday, January 19, 2018 / Notices 2869
TRALA to consider whether to petition that would be obtained absent the (g) Number of individuals suffering
for reconsideration of FMCSA’s action waiver. Because this waiver applies to physical injury,
on its exemption. all short-term truck rentals not (h) Number of fatalities,
TRALA described unique challenges exceeding 30 days, during a time period (i) The police-reported cause of the
faced by operators of short-term rentals, both the previous exemption and this accident,
namely the lack of interoperability waiver are in effect, this waiver (j) Whether the driver was cited for
between ELD device platforms, a supersedes the exemption granted to violation of any traffic laws or motor
situation that requires rental companies TRALA on October 11, 2017 (82 FR carrier safety regulations, and
to address how their customers’ drivers 47306) to the extent there is any (k) The total driving time and total on-
might record their HOS using ELDs as inconsistency. duty time period prior to the accident.
efficiently as possible. TRALA Accident notifications must be
described several steps its members Terms and Conditions of the Waiver emailed to MCPSD@dot.gov.
have taken since FMCSA’s October 11, (1) This waiver from the requirements (7) FMCSA expects that any drivers
2017, decision granting a partial of 49 CFR 395.8(a)(1)(i) is effective from and their employing motor carrier
exemption for rental trucks, including January 19, 2018, through April 19, operating under the terms and
building cloud-based portal systems 2018. conditions of this waiver will maintain
between ELD providers and purchasers their safety record. Should any safety
(2) This exemption covers rental of
of ELDs. Nevertheless, TRALA states problems be discovered, however,
any property-carrying CMV for a period
that additional time is required and that FMCSA will take all steps necessary to
of 30 days or less, regardless of the
a 90-day waiver would allow its protect the public interest. Use of this
reason for the rental. Evidence that a
members to continue working through waiver is voluntary, and FMCSA will
carrier has replaced one rental CMV
the issues presented by the required immediately revoke the waiver for any
with another on 30-day cycles or
technology and the need for individual interstate driver or motor carrier for
attempted to renew a rental agreement
customer-based compliance strategies. failure to comply with the terms and
for the same CMV for a period beyond
TRALA stated that the waiver would conditions of the waiver.
30 days will be regarded as a violation
not result in any adverse impact on of the waiver. Preemption of State Requirements
safety as drivers of rental vehicles (3) Carriers and drivers operating
would remain subject to HOS Consistent with 49 U.S.C. 31315(d),
under this waiver must comply with all this waiver preempts inconsistent State
regulations and the requirement to keep other applicable requirements of the
paper records of duty status under 49 or local requirements applicable to
Federal Motor Carrier Safety interstate commerce.
CFR 395.3 and 395.8. Furthermore, Regulations, including the preparation
TRALA stated that planned enforcement of paper records of duty status (RODS) Issued on: January 12, 2018.
activities would not be compromised, for operations which are currently Cathy F. Gautreaux,
given the decision that CMVs will not Deputy Administrator.
considered to be subject to the HOS
be placed out-of-service and carriers’
rules and the record retention [FR Doc. 2018–00843 Filed 1–18–18; 8:45 am]
Safety Measurement System scores will
requirements associated with those BILLING CODE 4910–EX–P
not be impacted for failure to employ
RODs and supporting documents.
ELDs through April 1, 2018.
Finally, TRALA explained why the (4) Motor carriers operating under this
waiver must have a ‘‘satisfactory’’ safety DEPARTMENT OF TRANSPORTATION
waiver would not serve as a safe harbor
for carriers seeking to avoid compliance rating from FMCSA or be unrated; motor
carriers with ‘‘conditional’’ or Federal Motor Carrier Safety
with the HOS regulations, given the Administration
increased cost of operating under short- ‘‘unsatisfactory’’ safety ratings are
term rental arrangements. prohibited from taking advantage of the [Docket No. FMCSA–2017–0298]
waiver.
FMCSA Determination (5) Carriers operating under this Hours of Service of Drivers:
Given the obstacles to ELD waiver must ensure that their drivers Application for Exemption; Motion
implementation unique to short-term carry a copy of this Federal Register Picture Association of America
CMV rentals and the impact on carriers notice in the vehicle and present it to AGENCY: Federal Motor Carrier Safety
renting trucks for a period not exceeding motor carrier safety enforcement Administration (FMCSA), DOT.
30 days, FMCSA finds it is in the public officials upon request.
ACTION: Notice of final disposition; grant
interest to grant a limited 3-month (6) Crash Notification to FMCSA
of application for exemption.
waiver from the requirement that Carriers operating under this waiver
carriers and drivers operating rental must notify FMCSA within 5 business SUMMARY: FMCSA grants the Motion
CMVs in interstate commerce employ days of any accident (as defined in 49 Picture Association of America (MPAA)
ELDs effective December 18, 2017. This CFR 390.5), involving any of the motor a five-year exemption from the
waiver will avoid business disruptions carrier’s drivers operating under the electronic logging device (ELD)
for carriers required to employ short- terms of this waiver. The notification requirements for all commercial motor
term rentals, regardless of the reason, must include the following information: vehicle (CMV) drivers providing
and allow businesses renting CMVs to (a) Identity of Waiver: ‘‘TRALA,’’ transportation to or from a theatrical or
continue their work to reconcile the (b) Date of the accident, television motion picture production
ELD requirement with the needs of their (c) City or town, and State, in which site. MPAA requested this exemption to
daltland on DSKBBV9HB2PROD with NOTICES
individual customers. Given the brief the accident occurred, or closest to the allow these drivers to complete paper
time frame during which the waiver will accident scene, records of duty status (RODS) instead of
be in effect and the terms and (d) Driver’s name and license number, using an ELD device. FMCSA has
conditions applicable to drivers (e) Co-driver’s name and license determined that the unique aspects of
operating under its provisions, FMCSA number (if applicable), these drivers’ operations, combined
finds that a level of safety is likely to be (f) Vehicle number and State license with additional oversight of their paper
achieved that is equivalent to the level number, RODS, is equivalent to that which
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Document Created: 2018-01-19 02:42:40
Document Modified: 2018-01-19 02:42:40
| 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; grant of waiver. | |
| Dates | This waiver is effective January 19, 2018, through April 19, 2018. | |
| Contact | Thomas L. Yager, Chief, Driver and Carrier Operations Division, Office of Bus and Truck Standards and Operations, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave. SE, Washington, DC 20590. Email: [email protected] Phone: (614) 942-6477. | |
| FR Citation | 83 FR 2868 |
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