Hours of Service of Drivers: Right-A-Way LLC.; Application for Exemptions

Larry W. Minor
Federal Motor Carrier Safety Administration
28 April 2020

[Federal Register Volume 85, Number 82 (Tuesday, April 28, 2020)]
[Notices]
[Pages 23592-23594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09013]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0215]


Hours of Service of Drivers: Right-A-Way LLC.; Application for 
Exemptions

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

[[Page 23593]]


ACTION: Notice of application for exemptions; request for comments.

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SUMMARY: FMCSA announces that it has received an application from 
Right-A-Way, LLC (Right-A-Way) requesting an exemption from the 
requirement that its short-haul drivers use electronic logging devices 
(ELDs) when they are required to prepare records of duty status (RODS) 
more than eight days in a 30 consecutive day period. FMCSA requests 
public comment on Right-A-Way's application.

DATES: Comments must be received on or before May 28, 2020.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Number FMCSA-2019-0215 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: Send comments to Docket Operations, 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: Bring comments to Docket Operations, 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. To be sure someone is there to help you, please call (202) 
366-9317 or (202) 366-9826 before visiting Docket Operations.
     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 Docket 
Operations, 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 Docket Operations.
    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: Ms. Pearlie Robinson, FMCSA Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards; Telephone: 202 366-4325. 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-2019-0215), 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 www.regulations.gov and put 
the docket number, ``FMCSA-2019-0215'' 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. 31315(b) to grant exemptions 
from certain 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 (up to 5 
years) and explain the terms and conditions of the exemption. The 
exemption may be renewed (49 CFR 381.300(b)).

III. Background

    Currently, 49 CFR 395.1(e) provides exceptions from the requirement 
to prepare records of duty status (RODS) for drivers operating in 
short-haul operations, provided certain conditions are satisfied. 
Section 395.8(a)(1)(iii)(A)(1) allows motor carriers to require drivers 
to record drivers' duty status mannually rather than use an ELD, if the 
drivers are operating commercial motor vehicles ``in a manner requiring 
completion of a record of duty status on not more than 8 days within 
any 30-day period.'' Taken together, drivers operating in short-haul 
operations are not required to prepare RODS, except for the days when 
they do not satisfy all the criteria provided in 49 CFR 395.1(e). They 
may prepare paper RODS for those occasions as long as RODS are not used 
more than eight days in a 30-day period. For operations where the 
short-haul drivers fail to satisfy the applicable criteria more than 
eight days in a 30-day period, the carrier and its drivers would be 
required to use ELDs.
    Right-A-Way is requesting an exemption from the requirement to use 
ELDs when its drivers do not satisfy all the criteria for the short-
haul exception to the RODS requirement, more than eight days in a 30-
day period. The exemption would enable the company's short-haul drivers 
to use paper RODS rather than ELDs for more than eight days in a 30 
consecutive day period. A copy of the exemption application is included 
in the docket referenced at the beginning of this notice.

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IV. Request for Comments

    In accordance with 49 U.S.C. 31315(b)(6), FMCSA requests public 
comment from all interested persons on Right-A-Way's application for an 
exemption. 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.

Larry W. Minor,
 Associate Administrator of Policy.
[FR Doc. 2020-09013 Filed 4-27-20; 8:45 am]
 BILLING CODE 4910-EX-P