Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Notices 43817 

Domenic J. Carassai (NJ) 

Bruce E. Hemmer (WI) 

Steven P. Holden (MD) 

Christopher G. Jarvela (MI) 

Brad L. Mathna (PA) 

Vincent P. Miller (CA) 

Warren J. Nyland (MI) 

Dennis M. Prevas (WI) 

Wesley E. Turner (TX) 

Mona J. Van Krieken (OR) 

Paul S. Yocum (IN) 

The drivers were included in one of 

the following docket numbers: FMCSA– 

2001–9561; FMCSA–2003–15268. Their 

exemptions are applicable as of August 

15, 2017, and will expire on August 15, 

2019. 

As of August 23, 2017, and in 

accordance with 49 U.S.C. 31136(e) and 

31315, the following 21 individuals 

satisfied the renewal conditions for 

obtaining an exemption from the vision 

requirement in the FMCSRs for 

interstate CMV drivers (76 FR 29022; 76 

FR 44082; 78 FR 20376; 78 FR 34141; 

78 FR 34143; 78 FR 51268; 78 FR 

52602): 

Twila G. Cole (OR) 

Bert A. Damm (MT) 

Jeffrey Dauterman (OH) 

Brian D. Dowd (MA) 

Sonya Duff (IN) 

Randy L. Fales (MN) 

Marc C. Grooms (MO) 

Walter A. Hanselman (IN) 

Craig C. Lowry (MT) 

Craig M. Mahaffey (OH) 

Ricky Nickell (OH) 

Freddy H. Pete (NV) 

Rickey H. Reeder (TN) 

Michael L. Sherum (AL) 

Gregory C. Simmons (VA) 

Wayne M. Stein (FL) 

Eddie B. Strange, Jr. (GA) 

Larry A. Tidwell (MO) 

Dale A. Torkelson (WI) 

John Vanek (MO) 

Desmond Waldor (PA) 

The drivers were included in one of 

the following docket numbers: FMCSA– 

2011–0102; FMCSA–2013–0025; 

FMCSA–2013–0029. Their exemptions 

are applicable as of August 23, 2017, 

and will expire on August 23, 2019. 

As of August 25, 2017, and in 

accordance with 49 U.S.C. 31136(e) and 

31315, the following 20 individuals 

satisfied the renewal conditions for 

obtaining an exemption from the vision 

requirement in the FMCSRs for 

interstate CMV drivers (80 FR 44188; 80 

FR 62161): 

Harold D. Albrecht (IL) 

Joseph W. Bahr (NJ) 

Stephen C. Brueggeman (KY) 

Larry O. Cheek (CA) 

Louise D. Curtis (FL) 

Marvin P. Cusey (MN) 

Chris M. DeJong (NM) 

Jonathan G. Estabrook (MA) 

Robert J. Falanga (FL) 

Refugio Haro (IL) 

Kevin L. Harrison (TN) 

Bruce A. Lloyd (MA) 

Duane S. Lozinski (IA) 

Keith W. McNabb (ID) 

Ronald W. Neujahr (KS) 

Lonnie D. Prejean (TX) 

Thomas E. Riley (NJ) 

John B. Stiltner (KY) 

Rick R. Warner (MI) 

Theodore A. White (PA) 

The drivers were included in docket 

number FMCSA–2015–0055. Their 

exemptions are applicable as of August 

25, 2017, and will expire on August 25, 

2019. 

As of August 29, 2017, and in 

accordance with 49 U.S.C. 31136(e) and 

31315, the following three individuals 

satisfied the renewal conditions for 

obtaining an exemption from the vision 

requirement in the FMCSRs for 

interstate CMV drivers (80 FR 44188; 80 

FR 62161): James Howard (CA), Ramon 

Melendez (NJ), Jesse A. Nosbush (MN). 

The drivers were included in docket 

number FMCSA–2015–0055. Their 

exemptions are applicable as of August 

29, 2017, and will expire on August 29, 

2019. 

In accordance with 49 U.S.C. 31315, 

each exemption will be valid for two 

years from the effective date unless 

revoked earlier by FMCSA. The 

exemption will be revoked if the 

following occurs: (1) The person fails to 

comply with the terms and conditions 

of the exemption; (2) the exemption has 

resulted in a lower level of safety than 

was maintained prior to being granted; 

or (3) continuation of the exemption 

would not be consistent with the goals 

and objectives of 49 U.S.C. 31136 and 

31315. 

Issued on: September 12, 2017. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2017–19908 Filed 9–18–17; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2017–0248] 

Hours of Service; YRC Worldwide Inc. 

Application for an Exemption From 

Certain Electronic Logging Device 

Requirements 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of application for 

exemption; request for comments. 

SUMMARY: The Federal Motor Carrier 

Safety Administration (FMCSA) 

requests public comment on an 

application from YRC Worldwide Inc. 

(YRCW) for an exemption from various 

provisions of the mandate to use 

electronic logging devices (ELDs). 

DATES: Comments must be received on 

or before October 19, 2017. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket ID FMCSA– 

2017–0248 using any of the following 

methods: 

• Web site: http://

www.regulations.gov. Follow the 

instructions for submitting comments 

on the Federal electronic docket site. 

• Fax: 1–202–493–2251. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 

Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590– 

0001. 

• Hand Delivery: Ground Floor, Room 

W12–140, DOT Building, 1200 New 

Jersey Avenue SE., Washington, DC, 

between 9 a.m. and 5 p.m. e.t., Monday– 

Friday, except Federal holidays. 

Instructions: All submissions must 

include the Agency name and docket 

number for this notice. For detailed 

instructions on submitting comments 

and additional information on the 

exemption process, see the ‘‘Public 

Participation’’ heading below. Note that 

all comments received will be posted 

without change to http://

www.regulations.gov, including any 

personal information provided. Please 

see the ‘‘Privacy Act’’ heading for 

further information. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http://

www.regulations.gov or to Room W12– 

140, DOT Building, 1200 New Jersey 

Avenue SE., Washington, DC, between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

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. 

Public participation: The http://

www.regulations.gov Web site is 

generally available 24 hours each day, 

365 days each year. You may find 

electronic submission and retrieval help 

and guidelines under the ‘‘help’’ section 

of the http://www.regulations.gov Web 

site as well as the DOT’s http://


asabaliauskas on DSKBBXCHB2PROD with NOTICES
43818 Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Notices 

docketsinfo.dot.gov Web site. If you 

would like notification that we received 

your comments, please include a selfaddressed, stamped envelope or 

postcard or print the acknowledgment 

page that appears after submitting 

comments online. 

FOR FURTHER INFORMATION CONTACT: 

Mike Huntley, Vehicle and Roadside 

Operations Division, Office of Carrier, 

Driver, and Vehicle Safety, MC–PSV, 

(202) 366–4325, Federal Motor Carrier 

Safety Administration, 1200 New Jersey 

Avenue SE., Washington, DC 20590– 

0001. 

SUPPLEMENTARY INFORMATION: YRCW is 

requesting an exemption (1) to allow an 

alternative ELD phase-in method for 

fleets using compliant automatic onboard recording devices (AOBRDs); (2) 

from the requirement that an ELD 

automatically record certain data 

elements upon a duty status change 

when a driver is not in the vehicle; (3) 

to allow ELDs to be configured with a 

special driving mode for yard moves 

that does not require the driver to reinput yard move status every time the 

tractor is powered off; and (4) to allow 

vehicle movements of less than one mile 

on YRCW property by non-CDL YRCW 

drivers to be annotated as ‘‘on 

property—other.’’ YRCW believes that 

the requested temporary exemptions 

will maintain a level of safety that is 

equivalent to, or greater than, the level 

of safety achieved without the 

exemption. 

Background 

Section 4007 of the Transportation 

Equity Act for the 21st Century (TEA– 

21) [Pub. L. 105–178, June 9, 1998, 112 

Stat. 401] amended 49 U.S.C. 31315 and 

31136(e) to provide authority to grant 

exemptions from the Federal Motor 

Carrier Safety Regulations (FMCSRs). 

On August 20, 2004, FMCSA published 

a final rule (69 FR 51589) implementing 

section 4007. Under this rule, FMCSA 

must publish a notice of each exemption 

request in the Federal Register (49 CFR 

381.315(a)). The Agency must provide 

the public with 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 the safety 

analyses and the public comments 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)). If the Agency denies 

the request, it must state the reason for 

doing so. If the decision is to grant the 

exemption, the notice must specify the 

person or class of persons receiving the 

exemption and the regulatory provision 

or provisions from which an exemption 

is granted. The notice must specify the 

effective period of the exemption (up to 

5 years) and explain the terms and 

conditions of the exemption. The 

exemption may be renewed (49 CFR 

381.315(c) and 49 CFR 381.300(b)). 

YRCW Application for Exemption 

YRCW is a holding company that, 

through its operating companies, offers 

its customers a wide range of 

transportation services. Its operating 

companies include YRC Freight (a North 

American less-than-truckload (LTL) 

company), and Holland, Reddaway, and 

New Penn (regional LRL companies). 

YRCW has applied for an exemption 

from various provisions of 49 CFR part 

395 regarding the use of ELDs. 

Specifically, YRCW has requested a 

temporary exemption (1) to allow an 

alternative ELD phase-in method for 

fleets using compliant automatic onboard recording devices (AOBRDs); (2) 

from the requirement that an ELD 

automatically record certain data 

elements upon a duty status change 

when a driver is not in the vehicle; (3) 

to allow ELDs to be configured with a 

special driving mode for yard moves 

that does not require the driver to reinput yard move status every time the 

tractor is powered off; and (4) to allow 

vehicle movements of less than one mile 

conducted on YRCW property by nonCDL YRCW drivers to be annotated as 

‘‘on property—other.’’ 

YRCW states that its request is almost 

identical to an exemption application 

submitted by United Parcel Service 

(Ups) regarding the implementation and 

use of ELDs (see Docket FMCSA–2017– 

0054), and notes that it filed comments 

in support of the UPS application on 

July 7, 2017. 

A copy of the application is included 

in the docket referenced at the 

beginning of this notice. 

Alternative ELD Phase-In Method 

Subject to limited exceptions, section 

395.8(a)(1)(i) of the FMCSRs requires 

motor carriers to install and use ELDs 

that comply with the technical 

specifications prescribed for those 

devices no later than December 18, 

2017. However, section 395.8(a)(1)(ii) 

allows a motor carrier that installs, and 

requires its drivers to use, compliant 

AOBRDs before the December 18, 2017, 

compliance date to continue to use 

those AOBRDs until December 16, 2019, 

thereby providing a 2-year grandfather 

period for devices installed prior to the 

compliance date. 

In support of its application, YRCW 

states: 

Like UPS, current requirements restricting 

the use of new AOBRDs in the transition 

period would cause company drivers to 

operate a ‘‘mixed fleet’’ of AOBRDs and 

ELDs. A ‘‘mixed fleet’’ introduces significant 

training challenges and inefficiencies. 

Groups of driver employees at terminals lead 

safety training with guidance from issue 

experts. As such, in addition to the training 

challenges highlighted by UPS, under the 

current rule a ‘‘mixed fleet’’ would result in 

the added complexity of peer-to-peer trainers 

being responsible for training both AOBRD 

and ELD systems. 

Unlike UPS, YRCW’s operating companies 

currently utilize paper logs. As such, the 

adoption of electronic logs is the single 

largest change in recording record of duty 

status in decades. Many of our drivers are 

long-tenured and may face challenges in 

adopting a new system. Since operational 

flexibility does not allow a driver to be 

assigned a tractor, a ‘mixed fleet’’ scenario 

forces drivers to be trained to use both 

AOBRD and ELD systems and introduce 

more complexity, errors, and challenges for 

all stakeholders. 

Based on the above, for YRCW 

operating companies who plan to 

operate AOBRDs past December 18, 

2017, YRCW requests an exemption 

from section 395(a)(1)(i) to allow the 

installation of AOBRDs on new truck 

tractors delivered to a facility after the 

December 18, 2017, compliance date, 

where existing vehicles at that facility 

are equipped with compliant AOBRDs. 

Recording of ELD Data Elements 

An ELD is required to automatically 

record a number of specific data 

elements at certain events, to include (1) 

when a driver indicates a change of duty 

status under section 395.24(b) (see 

section 395.26(c)), and (2) when an 

authorized user logs into or out of an 

ELD (see section 395.26(g)). 

In support of its application, YRCW 

states: 

Similar to UPS, all drivers at YRC Freight, 

Holland and New Penn and a portion of 

drivers at Reddaway are covered by 

collective bargaining agreements. Almost all 

drivers clock in through an electronic system 

when they begin their day. Once clocked in 

they are required to perform non-driving 

duties as defined by collective bargaining 

agreements and company policies. As such, 

YRCW requests the same exemption as stated 

by UPS in Docket 2017–0054 on behalf of its 

operating companies. 

Based on the above, YRCW requests 

an exemption from the requirement to 

record the specific data elements 

identified in sections 395.26(c) and 


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Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Notices 43819 

395.26(g) if the driver is not in the 

vehicle when (1) the driver indicates a 

change of duty status, or (2) an 

authorized user logs into or out of an 

ELD, respectively. Instead, to assure 

accurate recording of on-duty, not 

driving time, YRCW proposes that it 

will ‘‘systematically annotate that the 

driver was performing other work.’’ 

YRCW believes that the proposed 

exemption ‘‘will have no impact on the 

recordation of driving time’’ as all 

required vehicle data will be recorded 

when the driver is in the vehicle, and 

‘‘the tractor data that would not be 

recorded when the driver is not in the 

vehicle is not relevant to assessing the 

accurate recordation of ‘on-duty, not 

driving’ time.’’ 

Special Driving Mode for Yard Moves 

Section 395.28(a) of the FMCSRs 

permits a motor carrier to configure an 

ELD to authorize a driver to indicate 

that the driver is operating a commercial 

motor vehicle (CMV) under certain 

special driving categories, including (1) 

authorized personal use, and (2) and 

yard moves. Section 395.28(a)(2) 

requires a driver to select the applicable 

special driving category on the ELD 

before the start of the status, and to 

deselect it when the indicated status 

ends. 

In support of its application, YRCW 

states: 

Like UPS, almost all drivers for YRCW 

operating companies are covered by a 

collective bargaining agreement which sets 

out a contractual agreement that specifies 

which categories of drivers may perform 

certain driving duties such as coupling, 

uncoupling and moving equipment around 

company yards. The ability to select a ‘‘yard 

move’’ status will eliminate multiple 

unnecessary entries. Like UPS, the facilities 

of YRCW’s operating companies maintain 

posted speed and will be ‘‘geo-fenced.’’ 

YRCW proposes that driving status should be 

activated once a vehicle reaches 20mph or 

above and/or exits the facility. In addition to 

making drivers more efficient, allowing the 

‘‘yard move’’ status eliminates driver 

distractions and enables them to focus on 

safely operating vehicles in the yard. 

Based on the above, YRCW requests 

an exemption from section 

395.28(a)(2)(i) to allow its drivers to 

select ‘‘yard move’’ status and remain in 

that status even if the vehicle’s ignition 

is cycled off and back on. Under the 

proposed temporary exemption, and 

assuming that the driver does not go off 

duty after performing the yard moves, 

YRCW states that the ELD would switch 

to a ‘‘driving’’ duty status under section 

395.24 if (1) the driver inputs ‘‘driving,’’ 

(2) the vehicle exceeds 20 mph, or (3) 

the vehicle exits the geo-fenced yard. 

Vehicle Use by Exempt Employees 

Operating on UPS Property 

Section 395.26(h) of the FMCSRs 

requires an ELD to automatically record 

certain data elements when a CMV’s 

engine is powered up or powered down. 

In support of its application, YRCW 

states: 

YRCW operating companies have exempt 

employees, without commercial driver’s 

licenses, who move vehicles within our 

company yards for various purposes, 

including fueling, washing and maintenance. 

Vehicles will not be equipped with 

permanently attached ELD or AOBRD 

systems, nor will these drivers be assigned 

portable devices. As a result, exempt 

individuals will not have the ability to input 

data into an AOBRD or ELD device. As with 

UPS, these trips are under one mile and 

move less than 20mph on company property. 

Based on our similar operational practices 

and needs, YRCW companies requests the 

same exemption as requested by UPS, with 

the understanding that movements in the 

yard will not be limited to washing and 

fueling. 

Based on the above, YRCW requests 

an exemption from section 395.26, and 

proposes to allow an alternative 

approach to track vehicle usage by 

certain yard employees on YRCW 

property. Specifically, YRCW proposes 

that vehicle usage of less than 1 mile by 

these exempt employees, conducted 

entirely on YRCW property, be 

annotated on an ELD as ‘‘on property— 

other.’’ YRCW states that these miles 

could be easily identified using geofencing and time-card information for 

road drivers and other employees. 

As noted in its application, YRCW 

believes that each of the requested 

exemptions will result in substantial 

operational efficiencies, and will 

maintain a level of safety that is 

equivalent to, or greater than, the level 

of safety achieved without the 

exemptions. 

Request for Comments 

In accordance with 49 U.S.C. 31315 

and 31136(e), FMCSA requests public 

comment from all interested persons on 

YRCW’s application for an exemption 

from 49 CFR part 395. 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. 

Issued on: September 12, 2017. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2017–19909 Filed 9–18–17; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF THE TREASURY 

Bureau of the Fiscal Service 

Proposed Collection of Information: 

List of Data (A) and List of Data (B) 

ACTION: Notice and request for 

comments. 

SUMMARY: The Department of the 

Treasury, as part of its continuing effort 

to reduce paperwork and respondent 

burden, invites the general public and 

other Federal agencies to take this 

opportunity to comment on proposed 

and/or continuing information 

collections, as required by the 

Paperwork Reduction Act of 1995. 

Currently the Bureau of the Fiscal 

Service within the Department of the 

Treasury is soliciting comments 

concerning the form List of Data (A) and 

List of Data (B). 

DATES: Written comments should be 

received on or before November 20, 

2017 to be assured of consideration. 

ADDRESSES: Direct all written comments 

and requests for additional information 

to Bureau of the Fiscal Service, Bruce A. 

Sharp, 200 Third Street A4–A, 

Parkersburg, WV 26106–1328, or 

bruce.sharp@fiscal.treasury.gov. 

SUPPLEMENTARY INFORMATION: 

Title: List of Data (A) and List of Data 

(B). 

OMB Number: 1530–0061. 

Transfer of OMB Control Number: The 

Financial Management Service (FMS) 

and Bureau of Public Debt (BPD) have 

consolidated to become the Bureau of 

the Fiscal Service (Fiscal Service). 

Information collection requests 

previously held separately by FMS and 

BPD will now be identified by a 1530 

prefix, designating Fiscal Service. 

Abstract: This information is 

collected from insurance companies to 

assist the Treasury Department in 

determining acceptability of the 

companies applying for a Certificate of 

Authority to write or reinsure Federal 

surety bonds and/or gain recognition as 

an Admitted Reinsurer. 

Current Actions: Revision of a 

currently approved collection. 

Type of Review: Regular. 


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