Hours of Service of Drivers: Application for Exemption; SikhsPAC and the North American Punjabiz Trucker Association

Topics:  North American Punjabi Trucker Association

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

[Federal Register Volume 83, Number 18 (Friday, January 26, 2018)]
[Notices]
[Pages 3863-3864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01402]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0342]


Hours of Service of Drivers: Application for Exemption; SikhsPAC 
and the North American Punjabiz Trucker Association

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 it has received a joint application from 
SikhsPAC and the North American Punjabiz Trucker Association 
(applicants) on behalf of their members for an exemption from the 
electronic logging device (ELD) requirements. The exemption would allow 
members involved in segments of America's agricultural transportation 
industry to delay using ELDs. The applicants expressed their concerns 
about how the ELD mandate would negatively impact their industry if the 
exemption is not granted. According to the applicants, granting the 
exemption would achieve a level of safety equivalent to the level 
achieved by the ELD mandate. FMCSA requests public comment on the 
applicants' application for exemption.

DATES: Comments must be received on or before February 26, 2018.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Number FMCSA-2017-0342 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. 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-2017-0342), 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-2017-0342''

[[Page 3864]]

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

    In addition to this exemption request, applicants have filed a 
request for a delay in ELD enforcement and a request for an ELD waiver. 
Those issues are being addressed through separate processes and will 
not be discussed further in this notice.
    The applicants request 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 are not 
fully prepared to meet the December 18, 2017, compliance date. 
Additionally, the current ELD retail marketplace does not accommodate 
the needs of the applicant's industry segment, and does not factor in 
existing HOS exemptions currently used by members. The applicants 
question whether any ELD self-certified device would fully function 
given the lack of access to broadband in many rural areas. The 
applicants also expressed their concern about ELD security against 
cyber-attacks, enforcement, cost, and training.
    The applicants assert 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 to properly address necessary training programs with 
compliant ELD options. The applicants believe that if the exemption is 
not granted the ELD rule will cause significant challenges and harm to 
fresh produce shippers and small truck businesses. According to the 
applicants, granting the exemption will achieve a level of safety 
equivalent to the level achieved by the ELD requirements.
    A copy of the applicants' application for exemption is available 
for review in the docket for this notice.

    Issued on: January 19, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-01402 Filed 1-25-18; 8:45 am]
 BILLING CODE 4910-EX-P