Notice2024-20931
Hours of Service: Denial of Application for Exemption; Arbert Ibraimi
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
September 16, 2024
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces its decision to deny the application of Mr. Arbert Ibraimi on behalf of GTLM Transport Inc. (GTLM), requesting an exemption from the requirement to use an electronic logging device (ELD) for maintaining driver records of duty status (RODS). FMCSA evaluated the application and public comments and determined that GTLM did not sufficiently demonstrate how its commercial motor vehicle (CMV) operations would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved in the absence of the exemption.
Full Text
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<title>Federal Register, Volume 89 Issue 179 (Monday, September 16, 2024)</title>
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[Federal Register Volume 89, Number 179 (Monday, September 16, 2024)]
[Notices]
[Pages 75631-75632]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-20931]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2023-0244]
Hours of Service: Denial of Application for Exemption; Arbert
Ibraimi
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of final disposition; denial of application for
exemption.
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SUMMARY: FMCSA announces its decision to deny the application of Mr.
Arbert Ibraimi on behalf of GTLM Transport Inc. (GTLM), requesting an
exemption from the requirement to use an electronic logging device
(ELD) for maintaining driver records of duty status (RODS). FMCSA
evaluated the application and public comments and determined that GTLM
did not sufficiently demonstrate how its commercial motor vehicle (CMV)
operations would likely achieve a level of safety that is equivalent
to, or greater than, the level that would be achieved in the absence of
the exemption.
FOR FURTHER INFORMATION CONTACT: Ms. Bernadette Walker, FMCSA Driver,
and Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; 202-385-2415; <a href="/cdn-cgi/l/email-protection#06646374686762637272632871676a6d63744662697228616970"><span class="__cf_email__" data-cfemail="e18384938f808584959584cf96808d8a8493a1858e95cf868e97">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Public Participation
Viewing Comments and Documents
To view comments, go to <a href="http://www.regulations.gov">www.regulations.gov</a>, insert the docket
number ``FMCSA-2023-0244'' in the keyword box, and click ``Search.''
Next, sort the results by ``Posted (Newer--Older),'' choose the first
notice listed, click ``Browse Comments.''
To view documents mentioned in this notice as being available in
thein the docket, go to <a href="http://www.regulations.gov">www.regulations.gov</a>, insert docket number
``FMCSA-2023-0244'' in the keyword box, click ``Search,'' and choose
the document to review.
If you do not have access to the internet, you may view the docket
by visiting Docket Operations 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., 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 Docket Operations.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant
exemptions from 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 the applicant's safety analysis. The Agency must 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(a)). The Agency must
publish its decision in the Federal Register (49 CFR 381.315(b)). If
granted, the notice will identify the regulatory provision from which
the applicant will be exempt, the effective period, and all terms and
conditions of the exemption (49 CFR 381.315(c)(1)). If the exemption is
denied, the notice will explain the reason for the denial (49 CFR
381.315(c)(2)). The exemption may be renewed (49 CFR 381.300(b)).
III. Background
Current Regulation(s) Requirements
With limited exceptions, the HOS regulation at 49 CFR
395.8(a)(1)(i) requires motor carriers operating CMVs to install and
require each of its drivers to use an ELD to record the driver's duty
status.
Applicant's Request
GTLM requested a one-year exemption from the ELD requirement in 49
CFR 395.8(a)(1)(i). The applicant stated that it is a new business,
operating a single CMV as an owner-operator, and has limited funds to
support the purchase of an ELD. The applicant stated that it would use
the funds saved from not purchasing and installing an ELD, to monitor
the safety of operations and to incorporate safety management controls
into its operation.
Applicant's Method To Ensure an Equivalent or Greater Level of Safety
GTLM stated that an equivalent or greater level of safety will be
achieved under the exemption because, since the carrier is owner-
operated, ``the operational safety impact will be virtually identical
and manageable.'' GTLM also stated that funds that would be used to
purchase and install an ELD could be invested in a safety management
control system from which the company would benefit more in its initial
stages (e.g., training on current safety topics.)
IV. Public Comments
On March 1, 2024, FMCSA published a notice of GTLM's application
and requested public comments (89 FR 15258). The agency received a
total of 122 comments: 62 in support, 32 in opposition, and 28 taking
no position either for or against granting the exemption. Of the 62
comments in support of granting the exemption, five were from trucking
companies. Commenters who supported granting the exemption expressed
general opposition to ELDs. They stated that ELDs are too expensive,
and they create a stressful environment for drivers who feel pressured
to arrive at their destinations before running out of hours. Some
commenters also stated that ELDs have made CMV operations less safe
because they cause drivers to rush. Jimmy Haynes stated, ``After 35
years of driving the elds are making drivers take unnecessary risks to
maximize time. Instead of being able to take naps or breaks when needed
the elds make you push through to
[[Page 75632]]
situations you wouldn't normally.'' RJ's Trucking & Logistics LLC
stated, ``I believe he should be exempt and the requirement should be
discontinued. ELD does nothing but give brokers more power. Some use
this as a way to fine you a load. If its [sic] about safety then why do
some still let you get a load. There is nothing wrong with paper
logs.''
Of the 24 comments filed opposing the exemption, six were from
trucking companies. The commenters who opposed granting the exemption
emphasized placing safety first. Joint comments filed by the Truck
Safety Coalition, Citizens for Reliable and Safety Highways, and
Parents Against Tired Truckers stated that safety ``must be the top
priority, not the last to be addressed with whatever funds remain
available. Safety has a cost, and it must be paid by all industry
stakeholders if meaningful progress will be made in reducing truck
crash deaths and injuries.'' John Bowlby stated, ``This exemption
should not be granted. ELDs make it harder for drivers to cheat. A new
business tight on cash flow would be tempted to cheat to make more
money.'' Some commenters also cited the relatively low cost of ELDs. An
anonymous commenter stated, ``I pay $300 a year for ELD. If you can't
afford that, how are you going to pay for safety related items. 1 tire
costs more than that.''
V. FMCSA Safety Analysis and Decision
FMCSA evaluated GTLM's application and the public comments and
denies the exemption request. GTLM failed to establish that it would
likely achieve a level of safety equivalent to, or greater than, the
level achieved without the exemption. ELDs help drivers more accurately
track driving time to ensure compliance with HOS regulations, which are
designed to help drivers maintain alertness while operating CMVs.
Additionally, ELDs decrease the likelihood that the RODS could be
altered after the date the records were generated, without leaving an
electronic trail. For these reasons, and as discussed in the amended
rulemaking proceedings that established the ELD requirements [80 FR
78292], the Agency believes the level of safety provided by the use of
ELDs is likely greater than that provided by the use of paper logs as
an alternative. GTLM did not propose safety countermeasures to
compensate for the lower level of safety that paper logs entail.
Economic difficulties, such as those that GTLM described, do not
justify the granting of an exemption.
For the reasons stated, GTLM's exemption application is denied.
Vincent G. White,
Deputy Administrator.
[FR Doc. 2024-20931 Filed 9-13-24; 8:45 am]
BILLING CODE 4910-EX-P
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