Federal Register / Vol. 82, No. 248 / Thursday, December 28, 2017 / Proposed Rules 61531 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Part 395 

[Docket No. FMCSA–2017–0336] 

Hours of Service of Drivers: 

Application for Exemption; Agricultural 

Retailers Association 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Application for exemption; 

request for comments. 

SUMMARY: FMCSA announces that the 

Agricultural Retailers Association 

(ARA) has requested an exemption on 

behalf of its members from the 

requirement that motor carriers and 

their drivers of commercial motor 

vehicles (CMVs) use an electronic 

logging device (ELD) to record the driver 

hours-of-service (HOS). ARA states that 

the ELD requirement imposes undue 

economic and other burdens on its 

member retailers and distributors of 

farm-related products and services. It 

asserts that ELDs fail to properly record 

the complex HOS data, are not properly 

certified by the FMCSA, and do not 

provide appropriate cyber-security 

safeguards. ARA also asserts that ELDs 

will not function properly in many 

locations in rural America because of 

poor internet and cellular connectivity. 

ARA states that the operations of its 

members under exemption from the 

ELD requirements will achieve a level of 

safety equivalent to, or greater than, the 

level that would be achieved absent the 

proposed exemption. FMCSA requests 

public comment on ARA’s application 

for exemption. 

DATES: Comments must be received on 

or before January 29, 2018. 

ADDRESSES: You may submit comments 

identified by Federal Docket 

Management System (FDMS) Number 

FMCSA–2017–0336 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: Docket Management Facility, 

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: West 

Building, Ground Floor, Room W12– 

140, 1200 New Jersey Avenue SE, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

• 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 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. The on-line FDMS is available 

24 hours each day, 365 days each year. 

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: For 

information concerning this notice, 

contact Mr. Tom Yager, Chief, FMCSA 

Driver and Carrier Operations Division; 

Office of Carrier, Driver and Vehicle 

Safety Standards; Telephone: 614–942– 

6477. 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–2017–0336), 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 comments online, go 

to www.regulations.gov and put the 

docket number, ‘‘FMCSA–2017–0336’’ 

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 81⁄2 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 to grant exemptions 

from certain parts of the 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 document must also specify the 

effective period and explain the terms 

and conditions of the exemption. The 

exemption may be renewed (49 CFR 

381.300(b)). 

III. Request for Exemption 

The hours of service (HOS) rules (49 

CFR part 395) prescribe the duty-time 

limits and rest requirements for 

interstate drivers of commercial motor 

vehicles (CMVs), and provide various 

exceptions to the HOS rules for CMV 

drivers engaged in certain agricultural 

operations. Beginning December 18, 

2017, most motor carriers and drivers of 

CMVs in interstate commerce will be 

required to use electronic logging 

devices (ELDs), not handwritten 

logbooks, to document their HOS duty 

status (49 CFR 395.8(a)(1)(i)). The HOS 


sradovich on DSK3GMQ082PROD with PROPOSALS
61532 Federal Register / Vol. 82, No. 248 / Thursday, December 28, 2017 / Proposed Rules 

rules and the various agricultural 

exceptions will not change—only the 

manner of recording compliance with 

them. 

ARA applies for exemption from the 

ELD requirement on behalf of its 

member retailers and distributors of 

farm-related products and services. ARA 

members rely on CMVs to deliver their 

products and services to farms. ARA 

does not estimate the number of drivers 

that would be exempt if its application 

would be granted. 

ARA asserts that its members are not 

fully prepared to meet the December 18, 

2017 deadline. It seeks exemption to 

obtain a postponement of the 

approaching deadline. ATA 

recommends that the time created by 

the postponement be used by FMCSA to 

correct what ARA perceives to be 

shortcomings of the ELD rule. ARA 

states that its members need additional 

information and guidance about the ELD 

rule, but also asserts that the ELD rule 

as currently constituted is unduly 

burdensome for its members. It asserts 

that ELD vendors and manufacturers do 

not offer ELD products that address the 

needs of ARA members. ARA explains 

that the ELD systems being offered do 

not accommodate the various 

exceptions from the HOS rules that 

agricultural drivers routinely employ. 

ARA also believes that FMCSA has 

complicated the search for quality ELDs 

by allowing ELD manufacturers to 

certify their products themselves; ARA 

believes the FMCSA should be 

certifying ELD devices. 

ARA asserts that poor internet and 

cellular service in certain parts of the 

country calls the technological 

feasibility of ELDs in the agriculture 

industry into question. In addition, ARA 

is concerned that ELDs are vulnerable to 

both cybersecurity attack and illicit 

monitoring of the movements of 

member CMVs, some of which transport 

hazardous materials. ARA also asserts 

that ELDs contribute to driver 

distraction and thus negatively affect 

safety. A copy of ARA’s application for 

exemption is available for review in the 

docket for this notice. 

ARA states that its application will 

achieve a level of safety equivalent to, 

or greater than, the level that would be 

achieved absent the proposed 

exemption. 

Issued on: December 14, 2017. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2017–27884 Filed 12–27–17; 8:45 am] 

BILLING CODE 4910–EX–P 


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