83_FR_63429 83 FR 63194 - Hours of Service (HOS) of Drivers; Applications for Exemption From the Electronic Logging Device Rule

83 FR 63194 - Hours of Service (HOS) of Drivers; Applications for Exemption From the Electronic Logging Device Rule

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 235 (December 7, 2018)

Page Range63194-63196
FR Document2018-26597

As required by statute, FMCSA announces denials of 10 applications for exemptions from the hours-of service (HOS) electronic logging device (ELD) rule. The applicants are as follows: Power and Construction Contractors Association; Western Equipment Dealers Association; Association of Energy Service Companies; Cudd Energy Services, Inc.; SikhsPAC and North American Punjabi Trucker Association; Owner- Operator Independent Drivers Association, Inc.; American Disposal Service; Towing and Recovery Association of America; National Electrical Contractors Association; and the Agricultural Retailers Association. The Agency reviewed each application and any comments received and rendered each decision based upon the merits of the application.

Federal Register, Volume 83 Issue 235 (Friday, December 7, 2018)
[Federal Register Volume 83, Number 235 (Friday, December 7, 2018)]
[Notices]
[Pages 63194-63196]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26597]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Dockets No. FMCSA-2017-0243, FMCSA-2017-0296, FMCSA-2017-0337, FMCSA-
2017-0340, FMCSA-2017-0342, FMCSA-2017-0356, FMCSA-2017-0361, FMCSA-
2017-0373, FMCSA-2018-0003, FMCSA-2017-0336]


Hours of Service (HOS) of Drivers; Applications for Exemption 
From the Electronic Logging Device Rule

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

ACTION: Notice of final disposition; denial of applications for 
exemption.

-----------------------------------------------------------------------

SUMMARY: As required by statute, FMCSA announces denials of 10 
applications for exemptions from the hours-of service (HOS) electronic 
logging device (ELD) rule. The applicants are as follows: Power and 
Construction Contractors Association; Western Equipment Dealers 
Association; Association of Energy Service Companies; Cudd Energy 
Services, Inc.; SikhsPAC and North American Punjabi Trucker 
Association; Owner- Operator Independent Drivers Association, Inc.; 
American Disposal Service; Towing and Recovery Association of America; 
National Electrical Contractors Association; and the Agricultural 
Retailers Association. The Agency reviewed each application and any 
comments received and rendered each decision based upon the merits of 
the application.

DATES: On June 16, 2018, FMCSA denied 9 applications for exemption and 
on July 26, 2018, the Agency denied the application of the Agricultural 
Retailers Association.

FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, FMCSA Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards; Telephone: 202-366-4325. Email: [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant 
exemptions from certain parts of the Federal Motor Carrier Safety 
Regulations. 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 provide an opportunity for public comment on the 
request.
    The Agency reviews safety analyses and public comments submitted 
and determines whether granting the exemption would likely achieve a 
level of safety equivalent to, or greater than, the level that would be 
achieved by the current regulation (49 CFR 381.305). The decision of 
the Agency must be published in the Federal Register (49 CFR 
381.315(b)) with the reasons for denying or granting the application 
and, if granted, the name of the person or class of persons receiving 
the exemption, and the regulatory provision from which the exemption is 
granted. In the case of denials, 49 U.S.C. 31315 explicitly states that 
the Agency may meet the requirements by periodically publishing in the 
Federal Register the names of persons denied exemptions and the reasons 
for the denials.

Applications for Exemption

    The current hours-of-service (HOS) regulations in 49 CFR 395.8(a) 
require motor carriers subject to the regulation to ensure their 
drivers use ELDs in place of written logs to record their duty status 
for each 24-hour period. Additionally, Part 395 lists certain ELD 
exceptions for short-haul operations within a 100 air-mile radius and 
agricultural operations within a 150 air-mile radius.
    The 10 applicants cited below applied for an exemption from the 
requirement to use an ELD to record HOS for drivers subject to the 
regulation for various reasons. FMCSA published Federal Register 
notices requesting public comment on each application. Each notice 
established a docket to provide the public an opportunity to inspect 
the application and other docketed information, such as comments of 
others submitted to the docket. Details of the Agency's analysis 
follows.

Power and Construction Association (PCCA)

    The PCCA requested that motor carriers and drivers operating 
commercial motor vehicles (CMVs) in the power and communication 
construction industry be allowed to use paper records of duty status 
(RODS) instead of ELDs. PCCA noted that construction contractors spend 
considerable time off-road on varying jobsites; a single CMV may have 
several different drivers over the course of a day, moving the vehicle 
short distances around the jobsite. Due to the limited time that their 
drivers spend driving on public roads within a workday, PCCA states 
that the ELD and RODS requirements for drivers in its industries do not 
result in a significant safety benefit.
    FMCSA reviewed the application and the 259 public comments 
submitted. On June 16, 2018, FMCSA denied PCCA's application for 
exemption because the Agency could not ensure that the exemption would 
provide the requisite level of safety. A copy of the denial letter is 
available for review in the docket (FMCSA-2017-0243).

Western Equipment Dealers Association (WEDA)

    WEDA requested this exemption from ELD use on behalf of several 
organizations and their members. Effectively, the requested exemption 
would eliminate the requirement for agricultural equipment dealers to 
install ELDs on their CMVs. WEDA stated that equipment dealer 
operations in agriculture present unique circumstances that warrant the 
requested exemption and that the failure to grant it would pose an 
undue burden on equipment dealers and their customers without a 
measurable safety benefit.
    FMCSA reviewed the application and the 125 public comments 
submitted. On June 16, 2018, FMCSA denied WEDA's application for 
exemption because the Agency could not ensure that the exemption would 
provide the requisite level of safety. A copy of the denial letter is 
available for review in the docket (FMCSA-2017-0296).

Association of Energy Service Companies (AESC)

    AESC requested this exemption to allow all drivers of well service 
rigs to complete paper RODS instead of using an ELD whenever the 
drivers exceeded the requirements of the short-haul exception. 
According to AESC, complying with the ELD requirement would be overly 
burdensome for well

[[Page 63195]]

service rig contractors without providing any measurable safety 
benefit. AESC further explained that well service rig drivers spend 
very little time on public roads, in contrast to long-haul truck 
drivers who spend most of their on-duty hours driving on public roads.
    FMCSA reviewed the application and the 8 public comments submitted. 
On June 16, 2018, FMCSA denied AESC's application for exemption because 
the Agency could not ensure that the exemption would provide the 
requisite level of safety. A copy of the denial letter is available for 
review in the docket (FMCSA-2017-0337).

Cudd Energy Services, Inc. (CES)

    CES requested an exemption from the ELD requirements for its 
specially trained drivers of specially constructed CMVs used in 
oilfield operations to allow drivers of these infrequently driven CMVs 
to complete paper RODS instead of using an ELD. FMCSA regulations 
prohibit these drivers from using the short-haul exceptions to the HOS 
rules. CES believes that the exemption would not have any adverse 
impacts on operational safety because drivers would remain subject to 
the HOS regulations as well as the requirements to maintain paper RODS.
    FMCSA reviewed the application and the 8 comments submitted. None 
of the comments supported the exemption. On June 16, 2018, FMCSA denied 
AESC's application for exemption because the Agency could not ensure 
that the exemption would provide the requisite level of safety. A copy 
of the denial letter is available for review in the docket (FMCSA-2017-
0340).

SikhsPAC and North American Punjabi Trucker Association (Applicants)

    These applicants requested an exemption from the ELD requirements 
on behalf of their members (fresh produce shippers and small truck 
businesses). According to the applicants, many of their members were 
not fully prepared to meet the December 18, 2017, compliance date. The 
exemption would allow members involved in segments of America's 
agricultural transportation industry to delay using ELDs for one year. 
The applicants asserted that the exemption, if granted, would give the 
marketplace time necessary to develop cost-effective and practical 
solutions for the specific needs of impacted stakeholders and would 
allow FMCSA time to address training programs with compliant ELD 
options.
    FMCSA reviewed the application and the 41 comments submitted. On 
June 16, 2018, FMCSA denied the application. The information provided 
by the applicants failed to distinguish the drivers who would be 
included under the exemption. The applicants failed to indicate how 
they could ensure that the exemption would achieve a level of safety 
equivalent to, or greater than, the level of safety that would be 
obtained by compliance with the HOS regulation. A copy of the denial 
letter is available for review in the docket (FMCSA-2017-0342).

Owner-Operator Independent Drivers Association, Inc. (OOIDA)

    OOIDA requested a five-year exemption from the ELD rule for certain 
motor carriers considered to be a small transportation trucking 
business under 13 CFR 121.201. If granted, the exemption would cover 
small trucking businesses that do not have a carrier safety rating of 
``unsatisfactory,'' and that can document a proven history of safety 
performance with no attributable at-fault crashes.
    FMCSA reviewed the application and approximately 4,090 comments 
submitted. An estimated 96 percent of the comments were from owner-
operators in favor of the exemption. Approximately 4 percent of the 
comments were in opposition to the proposed exemption. On June 16, 
2018, FMCSA denied the application. FMCSA noted that most of the 
content of the application challenges the basis of the ELD rule itself, 
rather than justifying an exemption for a specific segment of drivers 
under applicable statutory standards. FMCSA noted further that the 
application provided no consideration of the significant difficulty 
that would be encountered in trying to identify and validate drivers 
who meet the proposed exemption criteria, especially during roadside 
inspections. A copy of the denial letter is available for review in the 
docket (FMCSA-2017-0356).

American Disposal Service (ADS)

    ADS is a trash hauling and recycling company operating in four 
States, with over 300 drivers who hold CDLs. ADS has been using the 
multiple stop rule, ``treating all the stops in a village, town or city 
as one.'' ADS operations fall under the 100 air-mile short haul 
exemption in Section 395.1(e)(1). When drivers exceed the 12-hour 
limitation more than 8 times in any 30 consecutive days, ADS is 
required to install and use ELDs in its CMVs.
    ADS applied for the exemption from the ELD and paper RODS 
requirements because the company does not believe ELDs can accurately 
record driving time when the CMV makes constant short movements with 
the driver often exiting the vehicle. FMCSA reviewed the application 
and the 10 comments submitted. On June 16, 2018, FMCSA denied the 
application. FMCSA concluded that ADS had not clearly explained how its 
non-use of ELDs and its discontinued use of paper RODS would reach the 
current level of safety that compliance with the HOS rules provides. A 
copy of the denial letter is available for review in the docket (FMCSA-
2017-0361).

Towing and Recovery Association of America (TRAA)

    TRAA is the national towing association representing more than 
35,000 towing companies in all 50 states. TRAA has requested a 5-year 
exemption for all operators of CMVs owned or leased to providers of 
motor vehicle towing, recovery, and roadside repair services while 
providing such services. TRAA states that towing industry operations 
represent a unique and vital segment of the overall transportation 
industry in America that warrants exemption from the ELD regulations. 
TRAA believes that failure to grant the exemption will cause confusion 
and create an overly complex regulatory framework that will pose an 
undue burden on towers and their customers without any measurable 
benefit to public safety.
    FMCSA reviewed the application and the 250 comments submitted. On 
June 16, 2018, FMCSA denied the application. FMCSA concluded that 
TRAA's plan for the continued use of paper RODS and the process for 
reviewing the RODS to verify accuracy would be comparable to the level 
of safety provided by paper RODS prior to the implementation of the ELD 
rule but would not achieve the equivalent level of safety that would be 
achieved by the use of ELDs. A copy of the denial letter is available 
for review in the docket (FMCSA-2017-0373).

National Electrical Contractors Association (NECA)

    NECA requested an exemption from the requirement to use an ELD on 
CMVs used by 4,000 contractor members who install, repair, and maintain 
the infrastructure of electrical utilities. NECA believes the ELD 
requirement burdens its members' operations unnecessarily. It proposed 
to continue to use paper logs to record their HOS.
    FMCSA reviewed the application and the 275 comments submitted. Many 
of the comments were form letters in support of the application. On 
June 16, 2018, FMCSA denied the application. FMCSA was unable to 
determine from

[[Page 63196]]

the application and the public comments whether operations under the 
requested exemption would provide a requisite level of safety. A copy 
of the denial letter is available for review in the docket (FMCSA-2018-
0003).

Agricultural Retailers Association (ARA)

    ARA applied for exemption from the ELD requirement on behalf of its 
members who are retailers and distributors of farm-related products and 
services. ARA members rely on CMVs to deliver their products and 
services to farms. ARA asserted that its members were not prepared to 
meet the December 18, 2017 deadline for complying with the ELD rule and 
sought to obtain postponement of the deadline.
    FMCSA reviewed the application and the 117 comments submitted. On 
July 26, 2018, FMCSA denied the application. FMCSA was unable to 
determine from the application and the public comments whether 
operations under the requested exemption would provide a requisite 
level of safety. A copy of the denial letter is available for review in 
the docket (FMCSA-2017-0336).

Conclusion

    FMCSA has reviewed these applications carefully and the comments 
received and has concluded that each application lacks sufficient merit 
to justify the exemptions sought. Accordingly, FMCSA denies each 
application.

    Issued on: November 30, 2018.
Raymond A. Martinez,
Administrator.
[FR Doc. 2018-26597 Filed 12-6-18; 8:45 am]
 BILLING CODE 4910-EX-P



                                             63194                        Federal Register / Vol. 83, No. 235 / Friday, December 7, 2018 / Notices

                                             relevant state law requirements,                        Carrier, Driver and Vehicle Safety                    Power and Construction Association
                                             engineering and risk evaluations,                       Standards; Telephone: 202–366–4325.                   (PCCA)
                                             financial considerations, as well as the                Email: MCPSD@dot.gov.                                    The PCCA requested that motor
                                             resolution of ongoing litigation                                                                              carriers and drivers operating
                                                                                                     SUPPLEMENTARY INFORMATION:
                                             concerning Gallatin.                                                                                          commercial motor vehicles (CMVs) in
                                                TVA anticipates holding a community                  Background                                            the power and communication
                                             meeting near the plant after releasing
                                                                                                        FMCSA has authority under 49 U.S.C.                construction industry be allowed to use
                                             the Draft EIS. Meeting details will be
                                                                                                                                                           paper records of duty status (RODS)
                                             posted on TVA’s website. TVA expects                    31136(e) and 31315 to grant exemptions
                                                                                                                                                           instead of ELDs. PCCA noted that
                                             to release the Draft EIS in the Fall 2019.              from certain parts of the Federal Motor
                                                                                                                                                           construction contractors spend
                                                Authority: 40 CFR 1501.7.                            Carrier Safety Regulations. FMCSA must
                                                                                                                                                           considerable time off-road on varying
                                                                                                     publish a notice of each exemption
                                             M. Susan Smelley,                                                                                             jobsites; a single CMV may have several
                                                                                                     request in the Federal Register (49 CFR
                                                                                                                                                           different drivers over the course of a
                                             Director, Environmental Compliance and                  381.315(a)). The Agency must provide
                                             Operations.                                                                                                   day, moving the vehicle short distances
                                                                                                     the public an opportunity to inspect the
                                                                                                                                                           around the jobsite. Due to the limited
                                             [FR Doc. 2018–26531 Filed 12–6–18; 8:45 am]             information relevant to the application,
                                                                                                                                                           time that their drivers spend driving on
                                             BILLING CODE 8120–08–P                                  including any safety analyses that have
                                                                                                                                                           public roads within a workday, PCCA
                                                                                                     been conducted. The Agency must
                                                                                                                                                           states that the ELD and RODS
                                                                                                     provide an opportunity for public                     requirements for drivers in its industries
                                             DEPARTMENT OF TRANSPORTATION                            comment on the request.                               do not result in a significant safety
                                                                                                        The Agency reviews safety analyses                 benefit.
                                             Federal Motor Carrier Safety
                                                                                                     and public comments submitted and                        FMCSA reviewed the application and
                                             Administration
                                                                                                     determines whether granting the                       the 259 public comments submitted. On
                                             [Dockets No. FMCSA–2017–0243, FMCSA–                    exemption would likely achieve a level                June 16, 2018, FMCSA denied PCCA’s
                                             2017–0296, FMCSA–2017–0337, FMCSA–                      of safety equivalent to, or greater than,             application for exemption because the
                                             2017–0340, FMCSA–2017–0342, FMCSA–                      the level that would be achieved by the               Agency could not ensure that the
                                             2017–0356, FMCSA–2017–0361, FMCSA–                      current regulation (49 CFR 381.305).                  exemption would provide the requisite
                                             2017–0373, FMCSA–2018–0003, FMCSA–
                                             2017–0336]
                                                                                                     The decision of the Agency must be                    level of safety. A copy of the denial
                                                                                                     published in the Federal Register (49                 letter is available for review in the
                                             Hours of Service (HOS) of Drivers;                      CFR 381.315(b)) with the reasons for                  docket (FMCSA–2017–0243).
                                             Applications for Exemption From the                     denying or granting the application and,
                                                                                                                                                           Western Equipment Dealers Association
                                             Electronic Logging Device Rule                          if granted, the name of the person or
                                                                                                                                                           (WEDA)
                                                                                                     class of persons receiving the
                                             AGENCY:  Federal Motor Carrier Safety                   exemption, and the regulatory provision                  WEDA requested this exemption from
                                             Administration (FMCSA), DOT.                            from which the exemption is granted. In               ELD use on behalf of several
                                             ACTION: Notice of final disposition;                    the case of denials, 49 U.S.C. 31315                  organizations and their members.
                                             denial of applications for exemption.                   explicitly states that the Agency may                 Effectively, the requested exemption
                                                                                                     meet the requirements by periodically                 would eliminate the requirement for
                                             SUMMARY:   As required by statute,                                                                            agricultural equipment dealers to install
                                                                                                     publishing in the Federal Register the
                                             FMCSA announces denials of 10                                                                                 ELDs on their CMVs. WEDA stated that
                                                                                                     names of persons denied exemptions
                                             applications for exemptions from the                                                                          equipment dealer operations in
                                             hours-of service (HOS) electronic                       and the reasons for the denials.
                                                                                                                                                           agriculture present unique
                                             logging device (ELD) rule. The                          Applications for Exemption                            circumstances that warrant the
                                             applicants are as follows: Power and                                                                          requested exemption and that the failure
                                             Construction Contractors Association;                     The current hours-of-service (HOS)
                                                                                                                                                           to grant it would pose an undue burden
                                             Western Equipment Dealers                               regulations in 49 CFR 395.8(a) require
                                                                                                                                                           on equipment dealers and their
                                             Association; Association of Energy                      motor carriers subject to the regulation
                                                                                                                                                           customers without a measurable safety
                                             Service Companies; Cudd Energy                          to ensure their drivers use ELDs in place
                                                                                                                                                           benefit.
                                             Services, Inc.; SikhsPAC and North                      of written logs to record their duty
                                                                                                                                                              FMCSA reviewed the application and
                                             American Punjabi Trucker Association;                   status for each 24-hour period.
                                                                                                                                                           the 125 public comments submitted. On
                                             Owner- Operator Independent Drivers                     Additionally, Part 395 lists certain ELD
                                                                                                                                                           June 16, 2018, FMCSA denied WEDA’s
                                             Association, Inc.; American Disposal                    exceptions for short-haul operations                  application for exemption because the
                                             Service; Towing and Recovery                            within a 100 air-mile radius and                      Agency could not ensure that the
                                             Association of America; National                        agricultural operations within a 150 air-             exemption would provide the requisite
                                             Electrical Contractors Association; and                 mile radius.                                          level of safety. A copy of the denial
                                             the Agricultural Retailers Association.                   The 10 applicants cited below applied               letter is available for review in the
                                             The Agency reviewed each application                    for an exemption from the requirement                 docket (FMCSA–2017–0296).
                                             and any comments received and                           to use an ELD to record HOS for drivers
                                             rendered each decision based upon the                   subject to the regulation for various                 Association of Energy Service
                                             merits of the application.                              reasons. FMCSA published Federal                      Companies (AESC)
                                             DATES: On June 16, 2018, FMCSA                          Register notices requesting public                       AESC requested this exemption to
amozie on DSK3GDR082PROD with NOTICES




                                             denied 9 applications for exemption and                 comment on each application. Each                     allow all drivers of well service rigs to
                                             on July 26, 2018, the Agency denied the                 notice established a docket to provide                complete paper RODS instead of using
                                             application of the Agricultural Retailers               the public an opportunity to inspect the              an ELD whenever the drivers exceeded
                                             Association.                                            application and other docketed                        the requirements of the short-haul
                                             FOR FURTHER INFORMATION CONTACT: Ms.                    information, such as comments of others               exception. According to AESC,
                                             Pearlie Robinson, FMCSA Driver and                      submitted to the docket. Details of the               complying with the ELD requirement
                                             Carrier Operations Division; Office of                  Agency’s analysis follows.                            would be overly burdensome for well


                                        VerDate Sep<11>2014   16:56 Dec 06, 2018   Jkt 247001   PO 00000   Frm 00047   Fmt 4703   Sfmt 4703   E:\FR\FM\07DEN1.SGM   07DEN1


                                                                          Federal Register / Vol. 83, No. 235 / Friday, December 7, 2018 / Notices                                          63195

                                             service rig contractors without                         The information provided by the                       movements with the driver often exiting
                                             providing any measurable safety benefit.                applicants failed to distinguish the                  the vehicle. FMCSA reviewed the
                                             AESC further explained that well                        drivers who would be included under                   application and the 10 comments
                                             service rig drivers spend very little time              the exemption. The applicants failed to               submitted. On June 16, 2018, FMCSA
                                             on public roads, in contrast to long-haul               indicate how they could ensure that the               denied the application. FMCSA
                                             truck drivers who spend most of their                   exemption would achieve a level of                    concluded that ADS had not clearly
                                             on-duty hours driving on public roads.                  safety equivalent to, or greater than, the            explained how its non-use of ELDs and
                                                FMCSA reviewed the application and                   level of safety that would be obtained by             its discontinued use of paper RODS
                                             the 8 public comments submitted. On                     compliance with the HOS regulation. A                 would reach the current level of safety
                                             June 16, 2018, FMCSA denied AESC’s                      copy of the denial letter is available for            that compliance with the HOS rules
                                             application for exemption because the                   review in the docket (FMCSA–2017–                     provides. A copy of the denial letter is
                                             Agency could not ensure that the                        0342).                                                available for review in the docket
                                             exemption would provide the requisite                                                                         (FMCSA–2017–0361).
                                             level of safety. A copy of the denial                   Owner-Operator Independent Drivers
                                             letter is available for review in the                   Association, Inc. (OOIDA)                             Towing and Recovery Association of
                                             docket (FMCSA–2017–0337).                                  OOIDA requested a five-year                        America (TRAA)
                                                                                                     exemption from the ELD rule for certain                  TRAA is the national towing
                                             Cudd Energy Services, Inc. (CES)                        motor carriers considered to be a small               association representing more than
                                                CES requested an exemption from the                  transportation trucking business under                35,000 towing companies in all 50
                                             ELD requirements for its specially                      13 CFR 121.201. If granted, the                       states. TRAA has requested a 5-year
                                             trained drivers of specially constructed                exemption would cover small trucking                  exemption for all operators of CMVs
                                             CMVs used in oilfield operations to                     businesses that do not have a carrier                 owned or leased to providers of motor
                                             allow drivers of these infrequently                     safety rating of ‘‘unsatisfactory,’’ and              vehicle towing, recovery, and roadside
                                             driven CMVs to complete paper RODS                      that can document a proven history of                 repair services while providing such
                                             instead of using an ELD. FMCSA                          safety performance with no attributable               services. TRAA states that towing
                                             regulations prohibit these drivers from                 at-fault crashes.                                     industry operations represent a unique
                                             using the short-haul exceptions to the                     FMCSA reviewed the application and                 and vital segment of the overall
                                             HOS rules. CES believes that the                        approximately 4,090 comments                          transportation industry in America that
                                             exemption would not have any adverse                    submitted. An estimated 96 percent of                 warrants exemption from the ELD
                                             impacts on operational safety because                   the comments were from owner-                         regulations. TRAA believes that failure
                                             drivers would remain subject to the                     operators in favor of the exemption.                  to grant the exemption will cause
                                             HOS regulations as well as the                          Approximately 4 percent of the                        confusion and create an overly complex
                                             requirements to maintain paper RODS.                    comments were in opposition to the                    regulatory framework that will pose an
                                                FMCSA reviewed the application and                   proposed exemption. On June 16, 2018,                 undue burden on towers and their
                                             the 8 comments submitted. None of the                   FMCSA denied the application. FMCSA                   customers without any measurable
                                             comments supported the exemption. On                    noted that most of the content of the                 benefit to public safety.
                                             June 16, 2018, FMCSA denied AESC’s                      application challenges the basis of the                  FMCSA reviewed the application and
                                             application for exemption because the                   ELD rule itself, rather than justifying an            the 250 comments submitted. On June
                                             Agency could not ensure that the                        exemption for a specific segment of                   16, 2018, FMCSA denied the
                                             exemption would provide the requisite                   drivers under applicable statutory                    application. FMCSA concluded that
                                             level of safety. A copy of the denial                   standards. FMCSA noted further that                   TRAA’s plan for the continued use of
                                             letter is available for review in the                   the application provided no                           paper RODS and the process for
                                             docket (FMCSA–2017–0340).                               consideration of the significant                      reviewing the RODS to verify accuracy
                                                                                                     difficulty that would be encountered in               would be comparable to the level of
                                             SikhsPAC and North American Punjabi
                                                                                                     trying to identify and validate drivers               safety provided by paper RODS prior to
                                             Trucker Association (Applicants)
                                                                                                     who meet the proposed exemption                       the implementation of the ELD rule but
                                                These applicants requested an                        criteria, especially during roadside                  would not achieve the equivalent level
                                             exemption from the ELD requirements                     inspections. A copy of the denial letter              of safety that would be achieved by the
                                             on behalf of their members (fresh                       is available for review in the docket                 use of ELDs. A copy of the denial letter
                                             produce shippers and small truck                        (FMCSA–2017–0356).                                    is available for review in the docket
                                             businesses). According to the                                                                                 (FMCSA–2017–0373).
                                             applicants, many of their members were                  American Disposal Service (ADS)
                                             not fully prepared to meet the December                    ADS is a trash hauling and recycling               National Electrical Contractors
                                             18, 2017, compliance date. The                          company operating in four States, with                Association (NECA)
                                             exemption would allow members                           over 300 drivers who hold CDLs. ADS                     NECA requested an exemption from
                                             involved in segments of America’s                       has been using the multiple stop rule,                the requirement to use an ELD on CMVs
                                             agricultural transportation industry to                 ‘‘treating all the stops in a village, town           used by 4,000 contractor members who
                                             delay using ELDs for one year. The                      or city as one.’’ ADS operations fall                 install, repair, and maintain the
                                             applicants asserted that the exemption,                 under the 100 air-mile short haul                     infrastructure of electrical utilities.
                                             if granted, would give the marketplace                  exemption in Section 395.1(e)(1). When                NECA believes the ELD requirement
                                             time necessary to develop cost-effective                drivers exceed the 12-hour limitation                 burdens its members’ operations
                                             and practical solutions for the specific                more than 8 times in any 30 consecutive               unnecessarily. It proposed to continue
amozie on DSK3GDR082PROD with NOTICES




                                             needs of impacted stakeholders and                      days, ADS is required to install and use              to use paper logs to record their HOS.
                                             would allow FMCSA time to address                       ELDs in its CMVs.                                       FMCSA reviewed the application and
                                             training programs with compliant ELD                       ADS applied for the exemption from                 the 275 comments submitted. Many of
                                             options.                                                the ELD and paper RODS requirements                   the comments were form letters in
                                                FMCSA reviewed the application and                   because the company does not believe                  support of the application. On June 16,
                                             the 41 comments submitted. On June 16,                  ELDs can accurately record driving time               2018, FMCSA denied the application.
                                             2018, FMCSA denied the application.                     when the CMV makes constant short                     FMCSA was unable to determine from


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                                             63196                        Federal Register / Vol. 83, No. 235 / Friday, December 7, 2018 / Notices

                                             the application and the public                            4. Purpose of the Meeting: The                      DEPARTMENT OF TRANSPORTATION
                                             comments whether operations under the                   purpose of this meeting is to:
                                             requested exemption would provide a                                                                           Pipeline and Hazardous Materials
                                             requisite level of safety. A copy of the       (a) Introduce the new Academy                                  Safety Administration
                                             denial letter is available for review in    Superintendent and Academic Dean/
                                                                                         Provost.                                                          [Docket No. PHMSA–2018–0100; Notice No.
                                             the docket (FMCSA–2018–0003).                                                                                 2018–22]
                                                                                            (b) Provide a briefing on the Critical
                                             Agricultural Retailers Association (ARA)
                                                                                         Infrastructure Plan, the infrastructure                           Hazardous Materials: Emergency
                                                ARA applied for exemption from the       spending plan and ongoing capital                                 Waiver No. 11
                                             ELD requirement on behalf of its            improvements.
                                             members who are retailers and                                                                                 AGENCY: Pipeline and Hazardous
                                                                                            (c) Provide an update on the general                           Materials Safety Administration
                                             distributors of farm-related products
                                             and services. ARA members rely on           state  of the Academy, Class of 2022                              (PHMSA), DOT.
                                             CMVs to deliver their products and          performance, and status of incoming                               ACTION: Notice of emergency waiver
                                             services to farms. ARA asserted that its    class of 2023.                                                    order.
                                             members were not prepared to meet the          (d) Provide an update on the Sexual
                                             December 18, 2017 deadline for              Assault/Sexual Harassment program                                 SUMMARY:    PHMSA is issuing an
                                             complying with the ELD rule and sought progress.                                                              emergency waiver order to persons
                                             to obtain postponement of the deadline.                                                                       conducting operations under the
                                                                                            (e) Provide an update on the status of                         direction of Environmental Protection
                                                FMCSA reviewed the application and implementing the 5-year Strategic Plan.
                                             the 117 comments submitted. On July                                                                           Agency (EPA) Region 10 or United
                                             26, 2018, FMCSA denied the                     (f) Establish the meeting schedule for                         States Coast Guard (USCG) Seventeenth
                                             application. FMCSA was unable to            CY 2019.                                                          District within the emergency area
                                             determine from the application and the                                                                        affected by the November 30, 2018
                                                                                            5. Public Access to the Meeting: This
                                             public comments whether operations                                                                            Alaska earthquake. The Waiver is
                                                                                         meeting is open to the public. Seating is
                                             under the requested exemption would                                                                           granted to support the EPA and USCG
                                                                                         on a first-come basis. Members of the                             in taking appropriate actions to prepare
                                             provide a requisite level of safety. A      public wishing to attend the meeting
                                             copy of the denial letter is available for                                                                    for, respond to, and recover from a
                                                                                         will need to show photo identification                            threat to public health, welfare, or the
                                             review in the docket (FMCSA–2017–           to gain access to the meeting location.
                                             0336).                                                                                                        environment caused by actual or
                                                                                         FOR FURTHER INFORMATION CONTACT: The                              potential oil and hazardous materials
                                             Conclusion                                  BOV’s Designated Federal Officer and                              incidents resulting from the Alaska
                                                FMCSA has reviewed these                 Point of Contact Brian Blower, 202–                               earthquake. This Waiver Order is
                                             applications carefully and the              366–2765 or Brian.Blower@dot.gov.                                 effective immediately and shall remain
                                             comments received and has concluded                                                                           in effect for 30 days from the date of
                                                                                         SUPPLEMENTARY INFORMATION: Any                                    issuance.
                                             that each application lacks sufficient
                                             merit to justify the exemptions sought.     member of the public is permitted to file
                                                                                                                                                           FOR FURTHER INFORMATION CONTACT:
                                             Accordingly, FMCSA denies each              a written statement with the Academy                              Adam Horsley, Deputy Assistant Chief
                                             application.                                BOV. Written statements should be sent                            Counsel for Hazardous Materials Safety,
                                                                                         to the Designated Federal Officer at:                             Pipeline and Hazardous Materials Safety
                                                Issued on: November 30, 2018.
                                                                                         Brian Blower; 1200 New Jersey Ave. SE                             Administration, telephone: (202) 366–
                                             Raymond A. Martinez,
                                                                                         W28–314, Washington, DC 20590 or via                              4400.
                                             Administrator.                              email at Brian.Blower@Dot.gov. (Please
                                             [FR Doc. 2018–26597 Filed 12–6–18; 8:45 am] contact the Designated Federal Officer                            SUPPLEMENTARY INFORMATION:     In
                                             BILLING CODE 4910–EX–P                                                                                        accordance with the provisions of 49
                                                                                         for information on submitting comments
                                                                                                                                                           U.S.C. 5103(c), the Administrator for
                                                                                         via fax.) Written statements must be
                                                                                                                                                           PHMSA hereby declares that an
                                                                                         received no later than three working
                                             DEPARTMENT OF TRANSPORTATION                                                                                  emergency exists that warrants issuance
                                                                                         days prior to the meeting in order to                             of a Waiver of the Hazardous Materials
                                             Maritime Administration                     provide time for member consideration.                            Regulations (HMR, 49 CFR parts 171–
                                                                                         Only written statements will be                                   180) to persons conducting operations
                                             U.S. Merchant Marine Academy Board          considered by the BOV, no member of                               under the direction of EPA Region 10 or
                                             of Visitors                                 the public will be allowed to present                             USCG Seventeenth District within the
                                             AGENCY: Maritime Administration, DOT.
                                                                                         questions from the floor or speak to any                          emergency area affected by the
                                                                                         issue under consideration by the BOV                              November 30, 2018 Alaska earthquake.
                                             ACTION: Notice of U.S. Merchant Marine
                                                                                         unless requested to do so by a member                             The Waiver is granted to support the
                                             Academy Board Public Meeting.
                                                                                         of the Board.                                                     EPA and USCG in taking appropriate
                                             SUMMARY: The U.S. Department of             (Authority: 46 U.S.C. 51312; 5 U.S.C. app.                        actions to prepare for, respond to, and
                                             Transportation, Maritime                    552b; 41 CFR parts 102–3.140 through 102–                         recover from a threat to public health,
                                             Administration (MARAD) announces            3.165).                                                           welfare, or the environment caused by
                                             that the following U.S. Merchant Marine                                                                       actual or potential oil and hazardous
                                                                                            Dated: December 3, 2018.                                       materials incidents resulting from the
                                             Academy (Academy) Board of Visitors
amozie on DSK3GDR082PROD with NOTICES




                                             (BOV) meeting will take place:                 By Order of the Maritime Administrator.                        Alaska earthquake.
                                                1. Date: December 14, 2018.              T. Mitchell Hudson, Jr.,                                             On November 30, 2018, the President
                                                2. Time: 9:00 a.m.–3:00 p.m.             Secretary, Maritime Administration.                               issued an Emergency Declaration for the
                                                3. Location: U.S. Merchant Marine                                                                          Alaska earthquake (EM–3410) for
                                                                                         [FR Doc. 2018–26529 Filed 12–6–18; 8:45 am]
                                             Academy, Kings Point, NY, Crabtree                                                                            Anchorage Municipality, Kenai
                                                                                         BILLING CODE 4910–81–P
                                             Room, Schuyler Otis Bland Memorial                                                                            Peninsula Borough, and Matanuska-
                                             Library.                                                                                                      Susitna Borough. This Waiver Order


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Document Created: 2018-12-07 01:53:00
Document Modified: 2018-12-07 01:53:00
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of final disposition; denial of applications for exemption.
DatesOn June 16, 2018, FMCSA denied 9 applications for exemption and on July 26, 2018, the Agency denied the application of the Agricultural Retailers Association.
ContactMs. Pearlie Robinson, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 202-366-4325. Email: [email protected]
FR Citation83 FR 63194 

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