Hours of Service of Drivers: Application for Exemption; American Disposal Services, Inc. (ADS)

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

[Federal Register Volume 83, Number 1 (Tuesday, January 2, 2018)]
[Notices]
[Pages 203-204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-28122]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0361]


Hours of Service of Drivers: Application for Exemption; American 
Disposal Services, Inc. (ADS)

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

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

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

SUMMARY: FMCSA announces that American Disposal Services, Inc. (ADS) 
has requested an exemption from the requirement that a motor carrier 
install and require each of its drivers to use an electronic logging 
device (ELD) to record the driver's hours-of-service (HOS) no later 
than December 18, 2017. ADS further requested an exemption from the 
required use of paper records of duty status (RODS). ADS requests these 
exemptions for all of its operators of a commercial motor vehicle (CMV) 
in their company and their affiliates. FMCSA would extend the exemption 
to all carriers with similar operational scenarios if the exemption 
were granted in entirety or in part. ADS advises that ELD systems 
cannot accurately record driving time for a CMV that stops at each 
house along their trash and recycling residential routes, with the 
driver often leaving the vehicle. ADS believes that the exemptions, if 
granted, will achieve a level of safety that is equivalent to, or 
greater than, the level that would be achieved absent the exemptions. 
FMCSA requests public comment on the ADS application for exemptions.

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-2017-0361 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.

[[Page 204]]

     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. Thomas 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-2017-0361), 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-2017-0361'' 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 Exemptions

    American Disposal Services, Inc. (ADS) is a trash hauling and 
recycling company with over 300 commercial driver's license (CDL) 
drivers servicing over 390,000 customers in four states with more than 
400 commercial motor vehicles (CMVs). Each route has 800-1,200 stops/
customers per day. Their drivers, on the average, service a home every 
22 seconds and exit the truck about one-third to one-half of the time 
to assist the laborer.
    ADS has been using the multiple stop rule, ``treating all the stops 
in a village, town or city as one.'' (See Regulatory Guidance Question 
6 to Section 395.8.) The drivers leave the yard on driving time and at 
the first stop on the route they change their status to on-duty, not-
driving time for next 500 stops. When it is time to go to the landfill, 
the drivers change their status from not-driving time back to driving. 
ADS operations fall under the 100 air-mile short haul exemption in 
Section 395.1(e)(1). However, they currently exceed the 12-hour 
limitation more than 8 times in any 30 consecutive days per driver, and 
would therefore be required to use ELDs.
    ADS applies for the exemption from the required use of ELDs and 
paper logs as they state that there is no ELD that can accurately 
record driving time when the CMV makes constant short movements with 
the driver often exiting the vehicle.
    ADS states that the considerable investment in equipment, training, 
and extra manpower required to use ELDs would not assist them to meet 
the FMCSA regulations, and, which according to them, would result in a 
significant financial burden and ``waste of money.''

IV. Method To Ensure an Equivalent or Greater Level of Safety

    According to ADS, safety will not be affected unless one considers 
less distracted time by not using an ELD, which would be an 
improvement. ADS believes that paper logs or ELDs for their type of 
operation will not improve safety. The use of an ELD that cannot 
calculate the multiple stops would result in inaccurate data. such as 
actual time spent driving.
    A copy of ADS's application for exemptions is available for review 
in the docket for this notice.

    Issued on: December 22, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-28122 Filed 12-29-17; 8:45 am]
 BILLING CODE 4910-EX-P