Hours of Service of Drivers: Application for Exemption; Owner Operator Independent Drivers Association, Inc.

Topics:  Owner Operator Independent Drivers Association

Larry W. Minor
Federal Motor Carrier Safety Administration
2 January 2018

[Federal Register Volume 83, Number 1 (Tuesday, January 2, 2018)]
[Notices]
[Pages 201-202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-28125]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0356]


Hours of Service of Drivers: Application for Exemption; Owner 
Operator Independent Drivers Association, Inc.

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

ACTION: Notice of application for exemption; request for comments.

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SUMMARY: FMCSA announces that the Owner Operator Independent Drivers 
Association, Inc. (OOIDA) has requested an exemption from the 
electronic logging device (ELD) requirements for motor carriers 
considered to be a small transportation trucking business. OOIDA 
request this exemption to allow small trucking businesses that do not 
have a carrier safety rating of ``unsatisfactory,'' and can document a 
proven history of safety performance with no attributable at-fault 
crashes, to complete paper records of duty status (RODS) instead of 
using an ELD device. OOIDA believes that the exemption would not have 
any adverse impacts on operational safety as motor carriers and drivers 
would remain subject to the hours-of-service (HOS) regulations as well 
as the requirements to maintain paper RODS. FMCSA requests public 
comment on OOIDA's application for exemption.

DATES: Comments must be received on or before February 1, 2018.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Number FMCSA-2017-0356 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, 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: MCPSD@dot.gov. 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.

Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (FMCSA-2017-0356), 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-2017-0356'' 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 and may grant or not grant this application 
based on your comments.

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

    OOIDA reports that it is the largest association representing the 
views of small-business motor carriers. OOIDA has approximately 160,000 
members

[[Page 202]]

located in all 50 states and Canada who collectively own and operate 
more than 240,000 individual heavy-duty trucks.
    OOIDA is requesting an exemption from the ELD mandate scheduled to 
become effective December 18, 2017, for motor carriers that are 
considered to be a small trucking business as defined by 13 CFR 
121.201,\1\ who do not have a carrier safety rating of 
``unsatisfactory,'' and can document a proven history of safety 
performance with no attributable at-fault crashes.
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    \1\ The Small Business Administration size standard for truck 
transportation and local delivery services is currently $27.5 
million. https://www.sba.gov/sites/default/files/files/Size_Standards_Table_2017.pdf.
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    OOIDA asserts that the exemption would not have any adverse impacts 
on operational safety, as motor carriers and drivers would remain 
subject to the HOS regulations in 49 CFR 395.3, as well as the 
requirements to maintain a paper RODS under 49 CFR 395.8. The exemption 
would also allow small-business motor carriers to maintain their 
current practices that have resulted in a proven safety record. The 
term of the requested exemption, if granted, is for five years, subject 
to renewal upon application.
    In its application, OOIDA addressed many of its concerns regarding 
cybersecurity issues, cost, and the lack of validation for ELDs in the 
marketplace. OOIDA believes that a five year exemption would provide 
necessary time for ELD manufacturers to be fully vetted by Federal 
regulators, would allow small-business carriers to determine which 
device best fits their operation, and provide additional time for law 
enforcement to analyze which devices fulfill regulatory requirements.
    OOIDA concluded: ``Many OOIDA members with millions of accident-
free miles driving during their career have notified us that they will 
be retiring as a result of this mandate. These drivers are subject 
matter experts who have driven an array of trucks in severe weather, 
traffic and other conditions. If these drivers will remain in the 
trucking industry as result of an exemption, then that will achieve a 
level safety equal to, or greater than, the level that would be 
obtained by complying with the ELD mandate. If the mandates forces 
these skilled drivers out of the industry, they will be replaced with 
new, inexperienced drivers that are far more likely to crash which will 
not achieve an equal or higher level of safety.''
    A copy of OOIDA's application for exemption is available for review 
in the docket for this notice.

    Issued on: December 22, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-28125 Filed 12-29-17; 8:45 am]
 BILLING CODE 4910-EX-P