Notice2022-19556
Hours of Service of Drivers: Truck Renting and Leasing Association, Inc. (TRALA); Application for Exemption Renewal
Primary source
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Published
September 12, 2022
Effective
October 12, 2022
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces its decision to provisionally renew the Truck Renting and Leasing Association, Inc. (TRALA) exemption from the provisions that require a motor carrier to install and require each of its drivers to use an electronic logging device (ELD) to record the driver's hours-of-service (HOS). The exemption allows drivers of property carrying commercial motor vehicles (CMVs) rented for 8 days or less, regardless of reason, to not use an ELD in the vehicle. These drivers remain subject to the standard HOS limits and must maintain a paper record of duty status (RODS) if required. The exemption renewal is for 5 years.
Full Text
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<title>Federal Register, Volume 87 Issue 175 (Monday, September 12, 2022)</title>
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[Federal Register Volume 87, Number 175 (Monday, September 12, 2022)]
[Notices]
[Pages 55887-55889]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-19556]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2016-0428]
Hours of Service of Drivers: Truck Renting and Leasing
Association, Inc. (TRALA); Application for Exemption Renewal
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of provisional renewal of exemption; request for
comments.
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SUMMARY: FMCSA announces its decision to provisionally renew the Truck
Renting and Leasing Association, Inc. (TRALA) exemption from the
provisions that require a motor carrier to install and require each of
its drivers to use an electronic logging device (ELD) to record the
driver's hours-of-service (HOS). The exemption allows drivers of
property carrying commercial motor
[[Page 55888]]
vehicles (CMVs) rented for 8 days or less, regardless of reason, to not
use an ELD in the vehicle. These drivers remain subject to the standard
HOS limits and must maintain a paper record of duty status (RODS) if
required. The exemption renewal is for 5 years.
DATES: This renewed exemption is effective October 12, 2022, and
expires on October 12, 2027. Comments must be received on or before
October 12, 2022.
ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Number FMCSA-2016-0428 by any of the following
methods:
<bullet> Federal eRulemaking Portal: <a href="http://www.regulations.gov">www.regulations.gov</a>. See the
Public Participation and Request for Comments section below for further
information.
<bullet> Mail: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
<bullet> Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m.
E.T., Monday through Friday, except Federal holidays.
<bullet> Fax: (202) 493-2251.
Each submission must include the Agency name and the docket number
(FMCSA-2016-0428) for this notice. Note that DOT posts all comments
received without change to <a href="http://www.regulations.gov">www.regulations.gov</a>, 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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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. To be sure someone is there to help you,
please call (202) 366-9317 or (202) 366-9826 before visiting Dockets
Operations.
Privacy Act: In accordance with 49 U.S.C. 31315(b), DOT solicits
comments from the public to better inform its exemption process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to <a href="http://www.regulations.gov">www.regulations.gov</a>, as described in the
system of records notice DOT/ALL 14 -FDMS, which can be reviewed at
<a href="https://www.transportation.gov/privacy">https://www.transportation.gov/privacy</a>.
FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards, FMCSA, at (202) 385-2415 or by email at
<a href="/cdn-cgi/l/email-protection#36445f555e57445218555a535b535842537652594218515940"><span class="__cf_email__" data-cfemail="56243f353e37243278353a333b333822331632392278313920">[email protected]</span></a>. If you have questions on viewing or
submitting material to the docket, contact Dockets Operations at (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-2016-0428), 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 comment online, go to <a href="http://www.regulations.gov">www.regulations.gov</a> and put
the docket number (``FMCSA-2016-0428'') in the ``Keyword'' box, and
click ``Search.'' When the new screen appears, click on the ``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.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b)(2) and 49
CFR 381.300(b) to renew an exemption from the Federal Motor Carrier
Safety Regulations for a 5-year period if it finds ``such exemption
would likely achieve a level of safety that is equivalent to, or
greater than, the level that would be achieved absent such exemption.''
TRALA has requested a five-year extension of the current exemption in
Docket No. FMCSA-2016-0428.
III. Background
Current Regulatory Requirements
Under FMCSA's electronic logging device (ELD) regulations in 49 CFR
395.8(a)(1)(i) a motor carrier subject to the requirements of part 395
must require each driver used by the motor carrier to record the
driver's duty status for each 24-hour period using the method
prescribed in Sec. 395.8(a)(1)(i)-(iv), as applicable. Subject to
Sec. 395.8(a)(1)(ii) and (iii), a motor carrier operating CMVs must
install and require each of its drivers to use an ELD to record the
driver's duty status in accordance with 49 CFR part 395, subpart B, no
later than December 18, 2017.
Application for Renewal of Exemption
FMCSA published notice of TRALA's initial application for exemption
from 49 CFR 395.8(a)(1)(i) on March 22, 2017 (82 FR 14789) describing
the nature of TRALA's operations and application. FMCSA published a
notice granting TRALA's exemption request on October 11, 2017. TRALA's
current exemption will expire on October 11, 2022 (82 FR 47306). In
granting the exemption, FMCSA found that TRALA would achieve a level of
safety that was equivalent to, or greater than, the level of safety
that would be obtained by complying with the regulation.
TRALA requests a renewal of the exemption for a 5-year period.
IV. Equivalent Level of Safety
In granting the original exemption request, FMCSA determined that
exempt drivers and motor carriers would likely achieve a level of
safety equivalent to, or greater than, the level of safety achieved
without the exemption. FMCSA noted in its October 11, 2017, notice that
the Agency believed that an exemption period of up to 8 days for
drivers of rental CMVs would give most carriers sufficient time to
repair or replace their usual vehicles while minimizing any temptation
to extend non-ELD operations. The use of paper RODS would not create an
undue risk of noncompliance when limited to this short period of time.
The Agency reasoned that the 8-day exemption period coincides with
49 CFR 395.34(d), which allows a driver an 8-day window to use paper
RODS when the motor carrier receives or discovers information about an
ELD malfunction. Furthermore, while operating under this exemption,
drivers would remain subject to the standard HOS limits, maintain a
paper RODS if required, and maintain a copy of the rental agreement on
the vehicle.
In its June 25, 2022, application for renewal, TRALA describes the
technical and practical difficulties of providing rental CMVs with ELDs
that are compatible with renters' own systems,
[[Page 55889]]
and the problems that would be encountered if the renting motor carrier
attempted to use their own ELDs in the rental vehicle. TRALA states
that the exemption will not serve as an incentive for motor carriers to
use short-term rentals to avoid the ELD requirements generally. Short-
term rentals have a substantially higher per day or weekly rental fee
than vehicles leased for longer periods, making it significantly more
costly for companies to continually rent for 8 days at a time over the
long term. TRALA also states that enforcement officers can readily
determine that the vehicle is a short-term rental because drivers are
required to provide a copy of the rental agreement to the officer on
demand.
FMCSA is unaware of any evidence of a degradation of safety
attributable to the current exemption for TRALA. There is no indication
of an adverse impact on safety while operating under the terms and
conditions specified in the initial exemption. FMCSA concludes that
provisionally extending the original exemption granted on October 11,
2017, for another five years, under the terms and conditions listed
below, will likely achieve a level of safety that is equivalent to, or
greater than, the level of safety achieved without the exemption.
V. Exemption Decision
A. Grant of Exemption
FMCSA provisionally renews the exemption for a period of five years
subject to the terms and conditions of this decision and the absence of
public comments that would cause the Agency to terminate the exemption
under Sec. V.F. below. The exemption from the requirements of 49 CFR
395.8(a)(1)(i), is otherwise effective October 12, 2022, through
October 12, 2027, 11:59 p.m. local time, unless renewed or rescinded.
B. Applicability of Exemption
The exemption excuses motor carriers and drivers of property-
carrying CMVs rented for a period of eight days or fewer from the
requirement to install and use an ELD to record the driver's RODS. This
exemption covers a rental period of eight days or fewer, regardless of
reason for the rental.
C. Terms and Conditions
When operating under this exemption, TRALA and its member company
drivers are subject to the following terms and conditions:
(1) TRALA and its drivers must comply with all other applicable
Federal Motor Carrier Safety Regulations (49 CFR part 350-399).
(2) Evidence that a carrier has replaced one rental CMV with
another on eight-day cycles or attempted to renew a rental agreement
for the same CMV for an additional eight days will be regarded as a
violation of the exemption and subject the carrier and driver to the
penalties for failure to use an ELD.
(3) Drivers must have a copy of this notice in their possession
while operating under the terms of the exemption. The exemption
document must be presented to law enforcement officials upon request.
(4) Drivers must have a copy of the rental agreement in the CMV,
and make it available to law enforcement officers on request. The
agreement must clearly identify the parties to the agreement, the
vehicle, and the dates of the rental period.
(5) Drivers must possess copies of their RODS for the current day
and the prior seven days, if required on those days.
D. Preemption
In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR
381.600, during the period this exemption is in effect, no State shall
enforce any law or regulation applicable to interstate commerce that
conflicts with or is inconsistent with this exemption with respect to a
firm or person operating under the exemption. States may, but are not
required to, adopt the same exemption with respect to operations in
intrastate commerce.
E. Notification to FMCSA
Carriers operating under this exemption must notify FMCSA within
five business days of any accident (as defined in 49 CFR 390.5),
involving any of the motor carrier's drivers operating under the terms
of this exemption. The notification must include the following
information:
(a) Identity of Exemption: ``TRALA''
(b) Date of the accident,
(c) City or town, and State, in which the accident occurred, or
closest to the accident scene,
(d) Driver's name and license number,
(e) Co-driver's name and license number,
(f) Vehicle number and State license number,
(g) Number of individuals suffering physical injury,
(h) Number of fatalities,
(i) The police-reported cause of the accident,
(j) Whether the driver was cited for violation of any traffic laws,
motor carrier safety regulations, and
(k) The total driving time and total on-duty time period prior to
the accident. Reports filed under this provision shall be emailed to
<a href="/cdn-cgi/l/email-protection#18555b484b5c587c776c367f776e"><span class="__cf_email__" data-cfemail="ca87899a998e8aaea5bee4ada5bc">[email protected]</span></a>.
F. Termination
FMCSA does not believe the drivers covered by this exemption will
experience any deterioration of their safety record. The exemption will
be rescinded if: (1) Motor carriers and drivers operating under the
exemption fail to comply with the terms and conditions of the
exemption; (2) the exemption has resulted in a lower level of safety
than was maintained before it was granted; or (3) continuation of the
exemption would not be consistent with the goals and objects of 49
U.S.C. 31136(e) and 31315.
VI. Request for Comments
In accordance with 49 U.S.C. 31315(b), FMCSA requests public
comment from all interested persons on TRALA's application for an
exemption from the provisions in 49 CFR 395.8(a)(1)(i) that require a
motor carrier to install and require each of its drivers to use an ELD
to record the driver's HOS. The exemption allows drivers of property
carrying CMVs rented for 8 days or less, regardless of reason, to not
use an ELD in the vehicle. All comments received before the close of
business on the comment closing date indicated at the beginning of this
notice will be considered and will be available for examination in the
docket at the location listed under the Addresses section of this
notice. Comments received after the comment closing date will be filed
in the public docket and will be considered to the extent practicable.
In addition to late comments, FMCSA will also continue to file, in the
public docket, relevant information that becomes available after the
comment closing date. Interested persons should continue to examine the
public docket for new material.
Robin Hutcheson,
Deputy Administrator.
[FR Doc. 2022-19556 Filed 9-9-22; 8:45 am]
BILLING CODE 4910-EX-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.