Hours of Service; Arbert Ibraimi; Application for Exemption
| Published date | 01 March 2024 |
| Record Number | 2024-04307 |
| Citation | 89 FR 15258 |
| Court | Federal Motor Carrier Safety Administration |
| Section | Notices |
Federal Register, Volume 89 Issue 42 (Friday, March 1, 2024)
[Federal Register Volume 89, Number 42 (Friday, March 1, 2024)]
[Notices]
[Pages 15258-15259]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04307]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2023-0244]
Hours of Service; Arbert Ibraimi; Application for Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of application for exemption; request for comments.
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SUMMARY: FMCSA announces that it has received an application from
Arbert Ibraimi to be exempt from the requirement that drivers of
commercial motor vehicles (CMVs) use an electronic logging device (ELD)
to record their hours of service (HOS). The applicant requests to use
paper logs instead of an ELD for 12 months and asserts that because he
is a new business operating as an owner-operator he cannot afford an
ELD. FMCSA requests public comment on the applicant's request for
exemption.
DATES: Comments must be received on or before April 1, 2024.
ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Number FMCSA-2023-0244 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: Dockets 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: 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.
Fax: (202) 493-2251.
Each submission must include the Agency name and the docket number
(FMCSA-2023-0244) 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 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, 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 under the ``Department
Wide System of Records Notices'' link at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices. The comments are posted without edit and are searchable by the
name of the submitter.
FOR FURTHER INFORMATION CONTACT: Ms. Bernadette Walker, Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards, FMCSA; (202) 385-2415; [email protected]. 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-2021-0244), 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-2023-0244'' in the keyword box, and click
``Search.'' Next, sort the results by ``Posted (Newer-Older),'' choose
the first notice listed, click the ``Comment'' button, and type your
comment into the text box on 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
[[Page 15259]]
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) 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 maintain 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 decision of
the Agency must be published 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. Applicant's Request
Arbert Ibraimi requests a one-year exemption from the ELD
requirements in 49 CFR 395.8(a)(1(i). Under section 395.8(a)(1)(i) most
drivers that operate CMVs in interstate commerce are required to use an
ELD to record their HOS. The applicant asserts that he is running a new
business operating a single CMV as an owner-operator and has limited
funds to support the purchase of an ELD. The applicant states that he
would use the funds saved from not implementing an ELD in the single
CMV to monitor the safety of operations and to incorporate safety
management controls into his operation.
A copy of Arbert Ibraimi's application for exemption is available
for review in the docket for this notice.
IV. Request for Comments
In accordance with 49 U.S.C. 31315(b), FMCSA requests public
comment from all interested persons on Arbert Ibraimi's application for
an exemption from the ELD requirement under 49 CFR 395.8(a). 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 for Policy.
[FR Doc. 2024-04307 Filed 2-29-24; 8:45 am]
BILLING CODE 4910-EX-P
