Petition updateRepeal ELD Mandate through Regulatory Review Docket ID: DOT-OST-2017-0069-1442 #RepealELDsSBTC Slams FMCSA over failure to Publish ELD Exemption Application
Small Business in Transportation Coalition
May 23, 2018 — From: "James Lamb" Date: Wed, May 23, 2018 12:35 pm To: cynthia.pope@sba.gov Cc: laurence.socci@influence-strategies.com, cyoungs@bopplaw.com, sue.lawless@dot.gov, charles.fromm@dot.gov, "william.varga@dot.gov" , "charles.horan@dot.gov" , "larry.minor@dot.gov" Subject: It has now been 6 months and FMCSA has still not published our ELD exemption application in the Federal Register. Dear Ms. Pope, In furtherance of our comment/complaint to the SBA, it has now been 6 months since FMCSA received our exemption application and FMCSA has still not published our ELD exemption application in the Federal Register. While they advised us nearly a month ago they have decided to comply with Federal Law and publish the application, we have seen no such notice appear, and they have not committed to a date it will be published. We therefore believe this is now an unreasonable delay contrary to the law. 49 U.S. Code § 31315 - Waivers, exemptions, and pilot programs (6)Notice and comment.— (A)Upon receipt of a request.— Upon receipt of an exemption request, the Secretary shall publish in the Federal Register (or, in the case of a request for an exemption from the physical qualification standards for commercial motor vehicle drivers, post on a web site established by the Secretary to implement the requirements of section 31149) a notice explaining the request that has been filed and shall give the public an opportunity to inspect the safety analysis and any other relevant information known to the Secretary and to comment on the request. This subparagraph does not require the release of information protected by law from public disclosure (emphases added). Please be advised we have therefore addressed this matter and other matters of concern to our members with the House Committee on Transportation and Infrastructure, Subcommittee on Highways and Transit through formal written testimony filed yesterday: http://www.smalltransportation.org/files/127999123.pdf Regards, James Lamb SBTC President
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