Hours of Service of Drivers: Application for Exemption; Wilcox Truck Line, Inc.

Topics:  Wilcox Truck Line

Larry W. Minor
Federal Motor Carrier Safety Administration
4 April 2018

[Federal Register Volume 83, Number 65 (Wednesday, April 4, 2018)]
[Notices]
[Pages 14543-14545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06861]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0105]


Hours of Service of Drivers: Application for Exemption; Wilcox 
Truck Line, 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 Wilcox Truck Line, Inc. (Wilcox) 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). Wilcox has 
requested a 5-year exemption from ELD use when transporting loads in 
support of an Idaho National Laboratory (INL) program. INL has 
submitted a letter confirming that security regulations require these 
loads must be free from being electronically tracked, which requires 
disabling of the ELD. Wilcox believes that granting this exemption will 
provide an equivalent level of safety because of the strict oversight 
of this transportation by INL and other agencies. FMCSA requests public 
comment on Wilcox's application for exemption.

DATES: Comments must be received on or before May 4, 2018.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Number

[[Page 14544]]

FMCSA-2018-0105 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 regulatory 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-2018-0105), 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-2018-0105'' 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

    Wilcox Truck Line, Inc. (Wilcox) is the primary carrier for special 
projects at the U.S. Department of Energy's (DOE) Idaho National 
Laboratory (INL) to transport shipments which need additional controls 
to address national security interests. All Wilcox drivers supporting 
this specific INL program would be covered by this exemption when 
transporting designated shipments for INL. The number of commercial 
motor vehicles (CMVs) for this exemption is fewer than 20, and fewer 
than 40 drivers will be covered. Wilcox always uses specific team 
drivers who have been completely vetted by the DOE to transport these 
shipments.
    One DOE/INL security requirement is the ability to disable 
electronic tracking of shipments in order to limit identification of 
the physical location of the shipment. These shipments require that no 
telematic tracking device be used during the movement of the shipment. 
Wilcox uses ELDs for its normal operations but would disable them when 
transporting INL-designated special shipments. INL would provide 
documentation for use during any inspection, showing that the exemption 
is in use for that shipment. Wilcox states that the controls that will 
be used in lieu of ELDs will be sufficient to ensure there is no 
degradation of safety. INL has submitted to the docket for this 
exemption a letter dated January 30, 2018, confirming that these 
controls will include the following measures:
     Specific team drivers will be used who have been vetted by 
DOE to transport national security interests (NSI) loads;
     Logbooks will be used to document hours of service when 
the ELDs are disabled;
     Drivers will be required by INL to have a cell phone in 
their possession while transporting these shipments;
     INL will require drivers to call-in to INL's 24-hour 
Warning Communications Center to report their condition and ensure they 
are not experiencing any issues in transit; and
     The Battelle Energy Alliance (BEA) will perform routine 
audits of Wilcox Truck line, Inc., to ensure they are compliant with 
Federal and State DOT requirements.

[[Page 14545]]

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

    The requested exemption would be used only for the special 
shipments designated by INL in documentation carried on vehicles 
transporting the special shipments. Additional details of these 
shipments could be reviewed by an official having proper authorization 
given by the shipper or the carrier's Facility Security Officer (FSO). 
All drivers will carry approved cell phones at all times during 
shipments. Communications will be maintained during transport via 
regular cell phone ``check calls'' to the shipper and or the FSO/
terminal operations or both. As required, drivers will maintain regular 
``check calls'' to the INL's Warning Communications Center, which is 
continuously staffed, to report their condition and ensure the shipment 
is experiencing no issues.
    Copies of Wilcox's application for an exemption and the supporting 
INL letter are available for review in the docket for this notice.

    Issued on: March 27, 2018.
 Larry W. Minor,
 Associate Administrator for Policy.
[FR Doc. 2018-06861 Filed 4-3-18; 8:45 am]
 BILLING CODE 4910-EX-P