ELD MANDATE RENTALS: HOW DO I ENSURE ELD MANDATE COMPLIANCE?

RYDER’S RENTAL FLEET AND ELD’S EIGHT- DAY RENTAL EXEMPTION

Whether you need to meet surging capacity demands during peak Ryder in conjunction with the Truck Rental and Leasing Association (TRALA) season, or a substitute vehicle, Ryder’s rental fleet of more than has and will continue to work with the government on behalf of our customers 35,000 vehicles is ready to keep you moving. All Ryder rental vehicles in order to mitigate challenges presented by the ELD mandate. As a direct result over 10,000 GVW are equipped with ELD compliant devices. Although of this work, FMCSA has granted an eight-day exemption to allow paper logs for an exemption to the ELD Mandate is now in place for customers who instances of a vehicle breakdown, seasonal demand, and expansion needs. While rent vehicles for eight days or less, you don’t have to worry about the operating under this exemption, drivers will remain subject to the standard ELD Mandate when renting from Ryder. hours-of-service (HOS) limits, maintain a paper record of duty status (RODS) if required, and maintain a copy of the rental agreement on the vehicle. Use of Ryder’s Rental ELD solution is completely optional. Customers Drivers must also have a copy of the exemption or equivalent while operating and drivers who must comply with the ELD Mandate are welcome under the terms of the exemption. This includes one of the following: A print to take advantage of our solution to ensure they stay compliant. out the full exemption - Docket No. FMCSA–2016–0428, or a print out the Customers and drivers may also use their own portable ELD solution signed letter from FMCSA to TRALA stating the exemption, which can be to ensure compliance. If customers decide to bring their own ELD, found on ryder.com/eld. they should ensure that they have the correct adapters to connect to the diagnostic port in advance of receiving the vehicle. COMMERCIAL RENTAL COMPLIANCE WAIVER For more information, visit ryder.com. Ryder, in coordination with FMCSA, secured a waiver of the December 18, 2017, Electronic Logging Device (ELD) Mandate for the commercial rental industry. The waiver acknowledges the unique needs of commercial short-term rental customers, by enabling them to use paper logs through April 19, 2018. After the waiver period, those who rent commercial vehicles for nine or more days must comply with the ELD Mandate. Drivers must also have a copy of the exemption or equivalent while operating under the terms of the exemption. This includes one of the following: A print out the full exemption as it is found on the government’s website, or a print out the signed letter from FMCSA to TRALA stating the exemption, which can be found on ryder.com/eld.

FLEET LEASING & MAINTENANCE | DEDICATED TRANSPORTATION | SUPPLY CHAIN SOLUTIONS DRIVER & VEHICLE INFORMATION DRIVER’ S EXEMPTION LOG - SHORT HAUL ONLY, FMCSR 395.1(e)

Name: Current Shift

Truck #: Time Reported to Duty Remarks: AM / PM

Trailer #: Time Released from Duty AM / PM

Total Hrs On Duty WORK REPORTING LOCATION / SITE LOCATION

City: State: Record of all hours for any work during the preceding 7 days including non-driving work.

Day #1 = Yesterday 1 2 3 4 5 6 7

Weekday: CHECK ONE Date: I am driving under the short haul exemption –

FMCSR 395.1(e) Time: reported to duty

I am driving under the 8 day ELD exemption – Time: relieved from duty Total hrs FMCSR 395.8 – see attached log Total hrs worked: I am driving under the 90 day ELD exemption – see attached document – FMCSA-2016-0428 I hereby certify that the information given is correct to the best of my knowledge and belief.

I am driving using a required ELD – FMCSR 395.20 SIGNATURE: TODAY’S DATE:

For rental customer convenience, Ryder Truck Rental has provided an exempt log that drivers can use to track their hours while operating under a short haul exemption. It remains the responsibility of every motor carrier however to ensure that their drivers maintain compliance with the FMCSA’s Electronic Logging Mandate Subpart B 395.20.

ryder.com Ryder and the Ryder logo are registered trademarks of Ryder System, Inc. Copyright © 2018 Ryder System, Inc. Ever better is a trademark of Ryder System, Inc. PT176391-Rental 011918 2868 Federal Register / Vol. 83, No. 13 / Friday, January 19, 2018 / Notices

6. Historic and Cultural Resources: Section property-carrying commercial motor well as small and medium-size 106 of the National Historic Preservation vehicles (CMVs) that are rented for a businesses that generally participate as Act of 1966, [54 U.S.C. 306108]; period not exceeding 30 days. The members of four leasing group systems: Archeological Resources Protection Act Agency takes this action in response to Idealease, NationaLease, PACCAR of 1977 [16 U.S.C. 470(aa)–470(mm)]; Archeological and Historic Preservation a waiver request from the Truck Renting Leasing company, and Mack Leasing Act [16 U.S.C. 469–469 c–2]; Native and Leasing Association, Inc. (TRALA). System-Volvo Truck Leasing. In total, its American Grave Protection and The Agency has determined that nearly 500 member companies operate Repatriation Act [25 U.S.C. 3001–3013]. granting this waiver is in the public more than 5,000 commercial leasing and 7. Land: Section 4(f) of The Department of interest and will likely achieve a level rental locations, and more than 20,000 Transportation Act: [49 U.S.C. 303] of safety that is equivalent to the level consumer rental locations throughout Farmland Protection Policy Act (FPPA) that would be achieved absent the the United States, Mexico, and Canada. [7 U.S.C. 4201–4209]. Solid Waste waiver, based on the terms and ‘‘Renting’’ is a term of art in the vehicle Disposal Act, as amended by the leasing industry, generally meaning a Resource Conservation and Recovery Act conditions imposed. of 1976 (42 U.S.C. 6901, et seq.). DATES: This waiver is effective January transaction granting the exclusive use of 8. Social and Economic: Civil Rights Act of 19, 2018, through April 19, 2018. a vehicle for 30 days or less, whereas a 1964 [42 U.S.C. 2000(d)–2000(d)(1)]; FOR FURTHER INFORMATION CONTACT: lease generally means a transaction Uniform Relocation Assistance and Real Thomas L. Yager, Chief, Driver and granting the exclusive use of a vehicle Property Acquisition Act [42 U.S.C. 61]. Carrier Operations Division, Office of for more than 30 days. 9. Wetlands and Water Resources: Clean In November 2016, TRALA submitted Bus and Truck Standards and Water Act [33 U.S.C 1251–1387(Sections a petition requesting a 5-year exemption Operations, Federal Motor Carrier Safety 319, 401, and 404)]; Flood Disaster on behalf of operators of property- Administration, 1200 New Jersey Ave. Protection Act (42 U.S.C. 4012a 4106). carrying commercial motor vehicles 10. Executive Orders: E.O. 11990 Protection SE, Washington, DC 20590. Email: of Wetlands; E.O. 12898, Federal Actions rented for 30 days or fewer from the [email protected]. Phone: (614) 942– requirement that motor carriers whose to Address Environmental Justice in 6477. Minority Populations and Low Income drivers are required to keep records of Populations; E.O. 11514 Protection and SUPPLEMENTARY INFORMATION: duty status (RODS) under the HOS rules Enhancement of Environmental Quality; Legal Basis generally must employ ELDs beginning E.O. 11988 Floodplain Management; E.O. December 18, 2017, in lieu of paper 11593 Protection and Enhancement of The Transportation Equity Act for the logs, pursuant to an FMCSA rule Cultural Resources; E.O. 13007 Indian 21st Century (TEA–21) (Pub. L. 105– published December 16, 2015 (80 FR Sacred Sites; E.O. 13287 Preserve 178, 112 Stat. 107, sec. 4007(a) June 9, 78292). While TRALA stated that it America; E.O. 13175 Consultation and 1998) provides the Secretary of supported the ELD mandate, it was Coordination with Indian Tribal Transportation (the Secretary) the Governments; E.O. 13112 Invasive concerned about unintended technical Species. authority to grant waivers from any of and operational consequences that the Federal Motor Carrier Safety (Catalog of Federal Domestic Assistance would unfairly and adversely affect Program Number 20.205, Highway Planning Regulations issued under Chapter 313 of short-term rental vehicles, namely, lack and Construction. The regulations Title 49 of the United States Code or 49 of interoperability between the motor implementing Executive Order 12372 U.S.C. 31136, to a person(s) seeking carrier’s ELD technology and the rental regarding intergovernmental consultation on regulatory relief (49 U.S.C. 31136(e), company’s platform, potentially Federal programs and activities apply to this 31315(a)). The Secretary must make a precluding data transfer between the program.) determination that the waiver is in the two systems. TRALA also raised Authority: 23 U.S.C. 139(l)(1) public interest and that it is likely to concerns about data liability, Issued on: January 9, 2018. achieve a level of safety that is particularly if the rental companies equivalent to, or greater than, the level Barbara Breslin, needed to bear the burden of of safety that would be obtained in the safeguarding data on behalf of the motor FHWA Rhode Island Division Second in Line, absence of the waiver. Individual Providence, Rhode Island. carrier. waivers may be granted only for a In accordance with 49 CFR 381.315, [FR Doc. 2018–00665 Filed 1–18–18; 8:45 am] specific unique, non-emergency event, FMCSA sought public comment on BILLING CODE 4910–22–P for a period up to three months. TEA– TRALA’s exemption request (82 FR 21 authorizes the Secretary to grant 14789 (Mar. 22, 2017)). FMCSA evaluated TRALA’s application and the DEPARTMENT OF TRANSPORTATION waivers without prior notice or request for public comment. public comments and granted a limited Federal Motor Carrier Safety The Administrator of FMCSA has exception, subject to specified terms Administration been delegated authority under 49 CFR and conditions, but only for rentals not 1.87(e) to carry out the functions vested exceeding 8 days (82 FR 47306 (Oct. 11, [Docket No. FMCSA–2016–0428] in the Secretary by 49 U.S.C. chapter 2017)). 311, subchapters I and III, relating to Hours of Service; Electronic Logging Waiver Request commercial motor vehicle programs and Devices; Limited 90-Day Waiver; Truck safety regulations. After FMCSA granted TRALA’s Renting and Leasing Association, Inc. exemption in part, TRALA filed a Background AGENCY: Federal Motor Carrier Safety request for a 90-day waiver from the Administration (FMCSA), DOT TRALA is a national trade association ELD requirement for truck rentals not ACTION: Notice; grant of waiver. representing companies that engage in exceeding 30 days. TRALA indicated commercial truck renting and leasing as that a 90-day waiver would allow rental SUMMARY: FMCSA grants a limited 3- well as consumer truck rentals. Its companies and their customers ‘‘critical month waiver from the Federal hours- membership encompasses major additional time to develop compliance of-service (HOS) requirements for independent firms such as Ryder strategies’’ to address ‘‘unique issues electronic logging devices (ELDs) to System, Penske Truck Leasing, U-Haul, relating to the use of ELDs in short-term motor carriers and drivers operating Budget, and Enterprise Truck Rental, as rental vehicles’’ and allow time for

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TRALA to consider whether to petition that would be obtained absent the (g) Number of individuals suffering for reconsideration of FMCSA’s action waiver. Because this waiver applies to physical injury, on its exemption. all short-term truck rentals not (h) Number of fatalities, TRALA described unique challenges exceeding 30 days, during a time period (i) The police-reported cause of the faced by operators of short-term rentals, both the previous exemption and this accident, namely the lack of interoperability waiver are in effect, this waiver (j) Whether the driver was cited for between ELD device platforms, a supersedes the exemption granted to violation of any traffic laws or motor situation that requires rental companies TRALA on October 11, 2017 (82 FR carrier safety regulations, and to address how their customers’ drivers 47306) to the extent there is any (k) The total driving time and total on- might record their HOS using ELDs as inconsistency. duty time period prior to the accident. efficiently as possible. TRALA Accident notifications must be described several steps its members Terms and Conditions of the Waiver emailed to [email protected]. have taken since FMCSA’s October 11, (1) This waiver from the requirements (7) FMCSA expects that any drivers 2017, decision granting a partial of 49 CFR 395.8(a)(1)(i) is effective from and their employing motor carrier exemption for rental trucks, including January 19, 2018, through April 19, operating under the terms and building cloud-based portal systems 2018. conditions of this waiver will maintain their safety record. Should any safety between ELD providers and purchasers (2) This exemption covers rental of problems be discovered, however, of ELDs. Nevertheless, TRALA states any property-carrying CMV for a period FMCSA will take all steps necessary to that additional time is required and that of 30 days or less, regardless of the protect the public interest. Use of this a 90-day waiver would allow its reason for the rental. Evidence that a waiver is voluntary, and FMCSA will members to continue working through carrier has replaced one rental CMV immediately revoke the waiver for any the issues presented by the required with another on 30-day cycles or interstate driver or motor carrier for technology and the need for individual attempted to renew a rental agreement failure to comply with the terms and customer-based compliance strategies. for the same CMV for a period beyond conditions of the waiver. TRALA stated that the waiver would 30 days will be regarded as a violation not result in any adverse impact on of the waiver. Preemption of State Requirements safety as drivers of rental vehicles (3) Carriers and drivers operating would remain subject to HOS Consistent with 49 U.S.C. 31315(d), under this waiver must comply with all this waiver preempts inconsistent State regulations and the requirement to keep other applicable requirements of the paper records of duty status under 49 or local requirements applicable to Federal Motor Carrier Safety interstate commerce. CFR 395.3 and 395.8. Furthermore, Regulations, including the preparation TRALA stated that planned enforcement of paper records of duty status (RODS) Issued on: January 12, 2018. activities would not be compromised, for operations which are currently Cathy F. Gautreaux, given the decision that CMVs will not considered to be subject to the HOS Deputy Administrator. be placed out-of-service and carriers’ rules and the record retention [FR Doc. 2018–00843 Filed 1–18–18; 8:45 am] Safety Measurement System scores will requirements associated with those BILLING CODE 4910–EX–P not be impacted for failure to employ RODs and supporting documents. ELDs through April 1, 2018. (4) Motor carriers operating under this Finally, TRALA explained why the DEPARTMENT OF TRANSPORTATION waiver would not serve as a safe harbor waiver must have a ‘‘satisfactory’’ safety for carriers seeking to avoid compliance rating from FMCSA or be unrated; motor carriers with ‘‘conditional’’ or Federal Motor Carrier Safety with the HOS regulations, given the Administration increased cost of operating under short- ‘‘unsatisfactory’’ safety ratings are term rental arrangements. prohibited from taking advantage of the [Docket No. FMCSA–2017–0298] waiver. FMCSA Determination (5) Carriers operating under this Hours of Service of Drivers: Given the obstacles to ELD waiver must ensure that their drivers Application for Exemption; Motion implementation unique to short-term carry a copy of this Federal Register Picture Association of America CMV rentals and the impact on carriers notice in the vehicle and present it to AGENCY: Federal Motor Carrier Safety renting trucks for a period not exceeding motor carrier safety enforcement Administration (FMCSA), DOT. officials upon request. 30 days, FMCSA finds it is in the public ACTION: Notice of final disposition; grant (6) Crash Notification to FMCSA interest to grant a limited 3-month of application for exemption. waiver from the requirement that Carriers operating under this waiver carriers and drivers operating rental must notify FMCSA within 5 business SUMMARY: FMCSA grants the Motion CMVs in interstate commerce employ days of any accident (as defined in 49 Picture Association of America (MPAA) ELDs effective December 18, 2017. This CFR 390.5), involving any of the motor a five-year exemption from the waiver will avoid business disruptions carrier’s drivers operating under the electronic logging device (ELD) for carriers required to employ short- terms of this waiver. The notification requirements for all commercial motor term rentals, regardless of the reason, must include the following information: vehicle (CMV) drivers providing and allow businesses renting CMVs to (a) Identity of Waiver: ‘‘TRALA,’’ transportation to or from a theatrical or continue their work to reconcile the (b) Date of the accident, television motion picture production ELD requirement with the needs of their (c) City or town, and State, in which site. MPAA requested this exemption to individual customers. Given the brief the accident occurred, or closest to the allow these drivers to complete paper time frame during which the waiver will accident scene, records of duty status (RODS) instead of be in effect and the terms and (d) Driver’s name and license number, using an ELD device. FMCSA has conditions applicable to drivers (e) Co-driver’s name and license determined that the unique aspects of operating under its provisions, FMCSA number (if applicable), these drivers’ operations, combined finds that a level of safety is likely to be (f) Vehicle number and State license with additional oversight of their paper achieved that is equivalent to the level number, RODS, is equivalent to that which

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