Notice2022-15224
Hours of Service of Drivers: Application for Exemption; Harris Companies, Inc. (Harris)
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 18, 2022
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 136 (Monday, July 18, 2022)</title>
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[Federal Register Volume 87, Number 136 (Monday, July 18, 2022)]
[Notices]
[Pages 42794-42795]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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
<a href="/cdn-cgi/l/email-protection#44090714170004202b306a232b32"><span class="__cf_email__" data-cfemail="521f1102011612363d267c353d24">[email protected]</span></a>. 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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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
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