Hours of Service of Drivers: Application for Exemption; Harris Companies, Inc. (Harris) Publication: Federal Register Signing Official: Robin Hutcheson Agency: Federal Motor Carrier Safety Administration Date: 18 July 2022

[Federal Register Volume 87, Number 136 (Monday, July 18, 2022)]
[Notices]
[Pages 42794-42795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-15224]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0278]


Hours of Service of Drivers: Application for Exemption; Harris 
Companies, Inc. (Harris)

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

ACTION: Notice of final disposition; denial of exemption.

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SUMMARY: FMCSA announces its decision to deny the Harris Companies, 
Inc. (Harris) application for exemption from the electronic logging 
device (ELD) rule for all its employees who are required to prepare 
records of duty status (RODS). This includes elevator technicians, 
electricians, other general laborers, and welders who operate 
commercial motor vehicles (CMVs) in interstate commerce. FMCSA has 
analyzed the exemption application and the public comments and 
determined that the applicant has not demonstrated that it would likely 
achieve a level of safety that is equivalent to, or greater than, the 
level that would be achieved absent the requested exemption.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and 
Carrier Operations Division: Telephone: (202) 366-4225 or 
MCPSD@dot.gov. If you have questions on viewing or submitting material 
to the docket, contact Dockets Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this notice as 
being available in the docket, go to www.regulations.gov and insert the 
docket number, ``FMCSA-2020-0171 in the ``Keyword'' box and click 
``Search.'' Next, click the ``Open Docket Folder'' button and choose 
the document to review. If you do not have access to the internet, you 
may view the docket online by visiting Dockets operations in Room W12-
140 on the ground floor of the DOT West Building, 1200 New Jersey 
Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., e.t., 
Monday through Friday, except Federal holidays. To be sure someone is 
there to help you, please call (202) 366-9317 or (202) 366-9826 before 
visiting Dockets Operations.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant 
exemptions from certain Federal Motor Carrier Safety Regulations. 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 Agency's 
decision 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 (up to five 
years) and explain the terms and conditions of the exemption. The 
exemption may be renewed (49 CFR 381.300(b)).

III. Request for Exemption

    Harris, a family-owned and operated company comprised of an 
elevator division and an electric division, applied for an exemption 
from the use of ELDs required under 49 CFR 395.8. The exemption would 
cover the company's 14 elevator technicians and electricians and seven 
general laborers and welders who operate CMVs. The company currently 
uses electronic devices to document hours of service (HOS). However, 
given internet connectivity issues affecting operation of its ELDs, 
Harris requested the exemption to allow it to resume the use of paper 
RODS.

IV. Public Comments

    On December 13, 2019, FMCSA published notice of the Harris 
application for exemption and requested public comment (84 FR 68287). 
The Agency received three comments, two opposing and one supporting the 
exemption request. The Commercial

[[Page 42795]]

Vehicle Safety Alliance (CVSA) opposed this exemption, describing it as 
``both unjustified and impractical.'' The CVSA noted that, ``if 
granted, this exemption would negatively impact safety and place an 
excessive burden on the enforcement community. The Federal HOS 
requirements exist to help prevent and manage driver fatigue.'' Mr. 
Michael Millard also opposed the request, stating that ``[the] Harris 
Companies application for an exception from ELDs is most likely based 
on its small size and its thoughts on an added expense for installing 
ELDs.'' In response to an opposing commenter, Harris filed a comment in 
favor of its own application. Harris' comment
    emphasized the inability of its current ELDs to operate properly in 
rural areas with little to no internet connection.

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

    To ensure an equivalent level of safety, Harris offered company 
safety policies and procedures. Harris referenced several ongoing 
company training programs to ensure compliance with the various Federal 
Motor Carrier Safety Regulations. These training programs include 
general safety and compliance policies, vehicle operating policies, HOS 
training and compliance, drug and alcohol testing procedures, and risk 
management services. In addition, Harris offered the continuous use of 
paper RODS for recording and tracking their drivers' HOS compliance.

VI. FMCSA Response and Decision

    FMCSA has evaluated the Harris application for exemption and the 
public comments submitted. When the Agency adopted the ELD rule in 
2015, as mandated by Congress, it determined that ELDs would improve 
CMV safety and reduce the overall paperwork burden for both motor 
carriers and drivers. ELDs have led to improved compliance with the 
applicable HOS rules. Harris has failed to provide a sufficient 
analysis of the safety impacts of the requested exemption or adequate 
countermeasures to ensure that the exemption would likely achieve a 
level of safety equivalent to, or greater than, the level that would be 
achieved by the current regulations. For these reasons, FMCSA denies 
the request for exemption.

Robin Hutcheson,
Deputy Administrator.
[FR Doc. 2022-15224 Filed 7-15-22; 8:45 am]
BILLING CODE 4910-EX-P