---------------------------- Original Message ---------------------------- Subject: SBTC REQUEST FOR EMERGENCY STAY ON APRIL 1ST ELD ENFORCEMENT From: membership@smalltransportation.org Date: Wed, March 21, 2018 8:10 am To: cathy.gautreaux@dot.gov eld@dot.gov Cc: cynthia.pope@sba.gov wiley.deck@dot.gov Lisa.Hough@dot.gov cyoungs@bopplaw.com tom.yager@dot.gov -------------------------------------------------------------------------- March 21, 2018 The Honorable Cathy F. Gautreaux Federal Motor Carrier Safety Administration United States Department of Transportation 1200 New Jersey Avenue SE Washington, DC 20590 Re: REQUEST FOR EMERGENCY STAY ON APRIL 1ST ELD ENFORCEMENT Dear Ms. Gautreaux, This is an open letter in furtherance of the Small Business in Transportation Coalition's (SBTC) Electronic Logging Device (ELD) class exemption application originally submitted in November of 2017 http://smalltransportation.org/files/125976669.pdf, and resubmitted 7 weeks ago as per your agency's instructions http://www.smalltransportation.org/files/126741535.pdf. As we previously stated, Section 13541(a) of title 49 of the United States Code (49 U.S.C. 13541) requires the Secretary of Transportation (Secretary) to exempt a person, CLASS OF PERSONS, or a transaction or service from the application, in whole or in part, of a provision of 49 U.S.C., Subtitle IV, Part B (Chapters 131-149), or to use the exemption authority to modify the application of a provision of 49 U.S.C. Chapters 131-149 as it applies to such person, CLASS, transaction, or service when the Secretary finds that the application of the provision (emphases added): *Is not necessary to carry out the transportation policy of 49 U.S.C. 13101 *Is not needed to protect shippers from the abuse of market power or that the transaction or service is of limited scope; and *Is in the public interest. It is our understanding the FMCSA has yet to publish our application in the Federal Register. As you know, hard ELD enforcement begins on April 1, 2018. On behalf of its 12,000 individual and company members, and in the interest of due process, the SBTC is writing today to hereby request FMCSA please issue a stay on this enforcement date until our exemption application can be processed by your agency to avoid an unfair constructive denial scenario and frustration of due process. As you know, without such a stay, inspectors will begin placing commercial motor vehicle drivers in our class out of service on April 1st if their vehicles are not equipped with ELDs, before our application can even be open for public comment and considered by your agency. It simply makes no sense to process our application for a class exemption after carriers and drivers have already been forced to bear the cost of compliance. A hard copy is being sent to you via U.S. Mail. Thank you for your consideration of this request. Sincerely, /s/James Lamb SBTC President cc: SBA Ombudsman