83 FR 6680 - Hours of Service of Drivers: Application for Exemption; National Electrical Contractors Association
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 31 (February 14, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 31 (February 14, 2018)
| Page Range | 6680-6681 | |
| FR Document | 2018-03063 |
[Federal Register Volume 83, Number 31 (Wednesday, February 14, 2018)] [Notices] [Pages 6680-6681] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-03063] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2018-0003] Hours of Service of Drivers: Application for Exemption; National Electrical Contractors Association AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of application for exemption; request for comments. ----------------------------------------------------------------------- SUMMARY: FMCSA announces that the National Electrical Contractors Association (NECA) has applied for an exemption from the requirement to use an electronic logging device (ELD) to record driver hours-of- service (HOS) on commercial motor vehicles (CMVs) used by contractors to install, repair, and maintain the infrastructure of electrical utilities. NECA believes the ELD requirement unnecessarily burdens its members' operations. It proposes to continue to use paper to record the HOS of these drivers. NECA states that CMV operations under the exemption would achieve a level of safety equivalent to, or greater than, the level that would be achieved absent the proposed exemption. FMCSA requests public comment on NECA's application for exemption. DATES: Comments must be received on or before March 16, 2018. ADDRESSES: You may submit comments identified by Federal Docket Management System (FDMS) Number FMCSA-2018-0003 by any of the following methods:Federal eRulemaking Portal: www.regulations.gov. See the Public Participation and Request for Comments section below for further information. Mail: Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, Room W12-140, Washington, DC 20590-0001. Hand Delivery or Courier: West Building, Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, [[Page 6681]] between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Fax: 1-202-493-2251. Each submission must include the Agency name and the docket number for this notice. Note that DOT posts all comments received without change to www.regulations.gov, including any personal information included in a comment. Please see the Privacy Act heading below. Docket: For access to the docket to read background documents or comments, go to www.regulations.gov at any time or visit Room W12-140 on the ground level of the West Building, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. The on-line FDMS is available 24 hours each day, 365 days each year. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy. FOR FURTHER INFORMATION CONTACT: For information concerning this notice, contact Mr. Tom Yager, Chief, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 614-942-6477. Email: [email protected]. If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. SUPPLEMENTARY INFORMATION: I. Public Participation and Request for Comments FMCSA encourages you to participate by submitting comments and related materials. If you submit a comment, please include the docket number for this notice (FMCSA-2018-0003), indicate the specific section of this document to which the comment applies, and provide a reason for suggestions or recommendations. You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so the Agency can contact you if it has questions regarding your submission. To submit your comments online, go to www.regulations.gov and put the docket number, ``FMCSA-2018-0003'' in the ``Keyword'' box, and click ``Search.'' When the new screen appears, click on ``Comment Now!'' button and type your comment into the text box in the following screen. Choose whether you are submitting your comment as an individual or on behalf of a third party and then submit. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, self-addressed postcard or envelope. FMCSA will consider all comments and material received during the comment period. II. Legal Basis 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 (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 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. The notice must also specify the effective period and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.300(b)). III. Request for Exemption The HOS rules (49 CFR part 395) prescribe the drive-time limits and rest requirements for interstate drivers of CMVs. The rules also require most drivers of CMVs in interstate commerce, and their motor carriers, to use ELDs--not handwritten logbooks--to document their HOS duty status (49 CFR 395.8(a)(1)(i)). NECA's 4,000 members are contractors who install, repair and maintain the infrastructure of electrical utilities. The contractors employ line workers who drive utility-service CMVs during their duty day. NECA states that the number of CMV drivers who would be eligible for this exemption is difficult to estimate; it states that the fleet of one ``large'' contractor consists of 13,766 CMVs. NECA seeks exemption from the requirement that motor carriers and their CMV drivers use an ELD to record driver HOS. The actual operation of the CMVs by the line workers is so limited that the ELD requirement is triggered infrequently. By this application for exemption, NECA seeks greater ``consistency'' in the regulatory environment in which its line workers operate. It states that it is ``cumbersome'' to meet the costs and logistical challenges of recording HOS electronically, and that the resulting safety benefit is negligible given the limited scope of the CMV operations of this industry. NECA states that if provided the exemption, its CMV drivers would remain fully subject to the HOS standards and continue to record their HOS on the customary paper RODS. NECA states that its operations under the exemption would achieve a level of safety equivalent to, or greater than, the level that would be achieved absent the proposed exemption. A copy of NECA's application for exemption is available for review in the docket for this notice. Issued on: February 7, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-03063 Filed 2-13-18; 8:45 am] BILLING CODE 4910-EX-P
![6680 Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices
resulting in impaired cognitive function assistance of another person, or go to http://www.regulations.gov and in
that occurred without warning in the resulting in impaired cognitive function the search box insert the docket number
past 12 months and no recurrent (two or that occurred without warning in the FMCSA–2018–0022 and click ‘‘Search.’’
more) severe hypoglycemic episodes in past 12 months and no recurrent (two or Next, click ‘‘Open Docket Folder’’ and
the last five years. His endocrinologist more) severe hypoglycemic episodes in you will find all documents and
certifies that Mr. Utley understands the last five years. His endocrinologist comments related to this notice.
diabetes management and monitoring, certifies that Mr. Wood understands Issued on: February 8, 2018.
has stable control of his diabetes using diabetes management and monitoring, Larry W. Minor,
insulin, and is able to drive a CMV has stable control of his diabetes using
Associate Administrator for Policy.
safely. Mr. Utley meets the requirements insulin, and is able to drive a CMV
of the vision standard at 49 CFR [FR Doc. 2018–03055 Filed 2–13–18; 8:45 am]
safely. Mr. Wood meets the
391.41(b)(10). His optometrist examined requirements of the vision standard at BILLING CODE 4910–EX–P
him in 2017 and certified that he does 49 CFR 391.41(b)(10). His
not have diabetic retinopathy. He holds ophthalmologist examined him in 2017
a Class A CDL from Iowa. and certified that he does not have DEPARTMENT OF TRANSPORTATION
Daniel J. Ward diabetic retinopathy. He holds a Class A Federal Motor Carrier Safety
CDL from Arkansas. Administration
Mr. Ward, 29, has had ITDM since
2013. His endocrinologist examined him III. Request for Comments [Docket No. FMCSA–2018–0003]
in 2017 and certified that he has had no In accordance with 49 U.S.C. 31136(e)
severe hypoglycemic reactions resulting and 31315, FMCSA requests public Hours of Service of Drivers:
in loss of consciousness, requiring the comment from all interested persons on Application for Exemption; National
assistance of another person, or the exemption petitions described in Electrical Contractors Association
resulting in impaired cognitive function this notice. We will consider all AGENCY: Federal Motor Carrier Safety
that occurred without warning in the comments received before the close of Administration (FMCSA), DOT.
past 12 months and no recurrent (two or business on the closing date indicated
more) severe hypoglycemic episodes in ACTION: Notice of application for
in the dates section of the notice.
the last five years. His endocrinologist exemption; request for comments.
certifies that Mr. Ward understands IV. Submitting Comments
SUMMARY: FMCSA announces that the
diabetes management and monitoring, You may submit your comments and National Electrical Contractors
has stable control of his diabetes using material online or by fax, mail, or hand Association (NECA) has applied for an
insulin, and is able to drive a CMV delivery, but please use only one of exemption from the requirement to use
safely. Mr. Ward meets the requirements these means. FMCSA recommends that an electronic logging device (ELD) to
of the vision standard at 49 CFR you include your name and a mailing record driver hours-of-service (HOS) on
391.41(b)(10). His optometrist examined address, an email address, or a phone commercial motor vehicles (CMVs) used
him in 2017 and certified that he does number in the body of your document by contractors to install, repair, and
not have diabetic retinopathy. He holds so that FMCSA can contact you if there maintain the infrastructure of electrical
an operator’s license from Indiana. are questions regarding your utilities. NECA believes the ELD
submission. requirement unnecessarily burdens its
David G. White To submit your comment online, go to members’ operations. It proposes to
Mr. White, 52, has had ITDM since http://www.regulations.gov and in the continue to use paper to record the HOS
1994. His endocrinologist examined him search box insert the docket number of these drivers. NECA states that CMV
in 2017 and certified that he has had no FMCSA–2018–0022 and click the search operations under the exemption would
severe hypoglycemic reactions resulting button. When the new screen appears, achieve a level of safety equivalent to,
in loss of consciousness, requiring the click on the blue ‘‘Comment Now!’’ or greater than, the level that would be
assistance of another person, or button on the right hand side of the achieved absent the proposed
resulting in impaired cognitive function page. On the new page, enter exemption. FMCSA requests public
that occurred without warning in the information required including the comment on NECA’s application for
past 12 months and no recurrent (two or specific section of this document to exemption.
more) severe hypoglycemic episodes in which each comment applies, and
the last five years. His endocrinologist provide a reason for each suggestion or DATES: Comments must be received on
certifies that Mr. White understands recommendation. If you submit your or before March 16, 2018.
diabetes management and monitoring, comments by mail or hand delivery, ADDRESSES: You may submit comments
has stable control of his diabetes using submit them in an unbound format, no identified by Federal Docket
insulin, and is able to drive a CMV larger than 81⁄2 by 11 inches, suitable for Management System (FDMS) Number
safely. Mr. White meets the copying and electronic filing. If you FMCSA–2018–0003 by any of the
requirements of the vision standard at submit comments by mail and would following methods:
49 CFR 391.41(b)(10). His like to know that they reached the • Federal eRulemaking Portal:
ophthalmologist examined him in 2017 facility, please enclose a stamped, self- www.regulations.gov. See the Public
and certified that he has stable addressed postcard or envelope. Participation and Request for Comments
nonproliferative diabetic retinopathy. We will consider all comments and section below for further information.
He holds a Class A CDL from Alabama. materials received during the comment • Mail: Docket Management Facility,
daltland on DSKBBV9HB2PROD with NOTICES
period. FMCSA may issue a final U.S. Department of Transportation, 1200
Rocky L. Wood New Jersey Avenue SE, West Building,
determination at any time after the close
Mr. Wood, 64, has had ITDM since of the comment period. Ground Floor, Room W12–140,
2016. His endocrinologist examined him Washington, DC 20590–0001.
in 2017 and certified that he has had no V. Viewing Comments and Documents • Hand Delivery or Courier: West
severe hypoglycemic reactions resulting To view comments, as well as any Building, Ground Floor, Room W12–
in loss of consciousness, requiring the documents mentioned in this preamble, 140, 1200 New Jersey Avenue SE,
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![Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices 6681
between 9 a.m. and 5 p.m., Monday appears, click on ‘‘Comment Now!’’ during their duty day. NECA states that
through Friday, except Federal holidays. button and type your comment into the the number of CMV drivers who would
• Fax: 1–202–493–2251. text box in the following screen. Choose be eligible for this exemption is difficult
• Each submission must include the whether you are submitting your to estimate; it states that the fleet of one
Agency name and the docket number for comment as an individual or on behalf ‘‘large’’ contractor consists of 13,766
this notice. Note that DOT posts all of a third party and then submit. If you CMVs.
comments received without change to submit your comments by mail or hand NECA seeks exemption from the
www.regulations.gov, including any delivery, submit them in an unbound requirement that motor carriers and
personal information included in a format, no larger than 81⁄2 by 11 inches, their CMV drivers use an ELD to record
comment. Please see the Privacy Act suitable for copying and electronic driver HOS. The actual operation of the
heading below. filing. If you submit comments by mail CMVs by the line workers is so limited
Docket: For access to the docket to and would like to know that they that the ELD requirement is triggered
read background documents or reached the facility, please enclose a infrequently. By this application for
comments, go to www.regulations.gov at stamped, self-addressed postcard or exemption, NECA seeks greater
any time or visit Room W12–140 on the envelope. FMCSA will consider all ‘‘consistency’’ in the regulatory
ground level of the West Building, 1200 comments and material received during environment in which its line workers
New Jersey Avenue SE, Washington, the comment period. operate. It states that it is
DC, between 9 a.m. and 5 p.m., ET, II. Legal Basis ‘‘cumbersome’’ to meet the costs and
Monday through Friday, except Federal logistical challenges of recording HOS
holidays. The on-line FDMS is available FMCSA has authority under 49 U.S.C. electronically, and that the resulting
24 hours each day, 365 days each year. 31136(e) and 31315 to grant exemptions safety benefit is negligible given the
Privacy Act: In accordance with 5 from certain parts of the Federal Motor
limited scope of the CMV operations of
U.S.C. 553(c), DOT solicits comments Carrier Safety Regulations (FMCSRs).
this industry. NECA states that if
from the public to better inform its FMCSA must publish a notice of each
provided the exemption, its CMV
rulemaking process. DOT posts these exemption request in the Federal
drivers would remain fully subject to
comments, without edit, including any Register (49 CFR 381.315(a)). The
the HOS standards and continue to
personal information the commenter Agency must provide the public an
record their HOS on the customary
provides, to www.regulations.gov, as opportunity to inspect the information
paper RODS. NECA states that its
described in the system of records relevant to the application, including
operations under the exemption would
notice (DOT/ALL–14 FDMS), which can any safety analyses that have been
achieve a level of safety equivalent to,
be reviewed at www.dot.gov/privacy. conducted. The Agency must also
or greater than, the level that would be
provide an opportunity for public
FOR FURTHER INFORMATION CONTACT: For achieved absent the proposed
comment on the request.
information concerning this notice, The Agency reviews safety analyses exemption. A copy of NECA’s
contact Mr. Tom Yager, Chief, FMCSA and public comments submitted, and application for exemption is available
Driver and Carrier Operations Division; determines whether granting the for review in the docket for this notice.
Office of Carrier, Driver and Vehicle exemption would likely achieve a level Issued on: February 7, 2018.
Safety Standards; Telephone: 614–942– of safety equivalent to, or greater than, Larry W. Minor,
6477. Email: MCPSD@dot.gov. If you the level that would be achieved by the Associate Administrator for Policy.
have questions on viewing or submitting current regulation (49 CFR 381.305). [FR Doc. 2018–03063 Filed 2–13–18; 8:45 am]
material to the docket, contact Docket The decision of the Agency must be BILLING CODE 4910–EX–P
Services, telephone (202) 366–9826. published in the Federal Register (49
SUPPLEMENTARY INFORMATION: CFR 381.315(b)) with the reasons for
I. Public Participation and Request for denying or granting the application and, DEPARTMENT OF TRANSPORTATION
Comments if granted, the name of the person or
class of persons receiving the Federal Motor Carrier Safety
FMCSA encourages you to participate exemption, and the regulatory provision Administration
by submitting comments and related from which the exemption is granted.
materials. If you submit a comment, The notice must also specify the [Docket No. FMCSA–2017–0028]
please include the docket number for effective period and explain the terms
this notice (FMCSA–2018–0003), and conditions of the exemption. The Qualification of Drivers; Exemption
indicate the specific section of this exemption may be renewed (49 CFR Applications; Vision
document to which the comment 381.300(b)).
applies, and provide a reason for AGENCY: Federal Motor Carrier Safety
suggestions or recommendations. You III. Request for Exemption Administration (FMCSA), DOT.
may submit your comments and The HOS rules (49 CFR part 395) ACTION: Notice of applications for
material online or by fax, mail, or hand prescribe the drive-time limits and rest exemption; request for comments.
delivery, but please use only one of requirements for interstate drivers of
these means. FMCSA recommends that CMVs. The rules also require most SUMMARY: FMCSA announces receipt of
you include your name and a mailing drivers of CMVs in interstate commerce, applications from 23 individuals for an
address, an email address, or a phone and their motor carriers, to use ELDs— exemption from the vision requirement
number in the body of your document not handwritten logbooks—to document in the Federal Motor Carrier Safety
daltland on DSKBBV9HB2PROD with NOTICES
so the Agency can contact you if it has their HOS duty status (49 CFR Regulations (FMCSRs) to operate a
questions regarding your submission. 395.8(a)(1)(i)). commercial motor vehicle (CMV) in
To submit your comments online, go NECA’s 4,000 members are interstate commerce. If granted, the
to www.regulations.gov and put the contractors who install, repair and exemptions will enable these
docket number, ‘‘FMCSA–2018–0003’’ maintain the infrastructure of electrical individuals to operate CMVs in
in the ‘‘Keyword’’ box, and click utilities. The contractors employ line interstate commerce without meeting
‘‘Search.’’ When the new screen workers who drive utility-service CMVs the vision requirement in one eye.
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Document Created: 2018-02-14 03:59:44
Document Modified: 2018-02-14 03:59:44
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of application for exemption; request for comments. | |
| Dates | Comments must be received on or before March 16, 2018. | |
| Contact | For information concerning this notice, contact Mr. Tom Yager, Chief, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 614-942-6477. Email: [email protected] If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. | |
| FR Citation | 83 FR 6680 |
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