83 FR 2744 - Hours of Service of Drivers; Electronic Logging Devices; Limited 90-Day Waiver for Old Dominion and Other Motor Carriers Experiencing Problems Integrating PeopleNet ELD System Updates Into Their Fleet Management Systems
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 13 (January 19, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 13 (January 19, 2018)
| Page Range | 2744-2746 | |
| FR Document | 2018-00842 |
[Federal Register Volume 83, Number 13 (Friday, January 19, 2018)] [Rules and Regulations] [Pages 2744-2746] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-00842] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Part 395 Hours of Service of Drivers; Electronic Logging Devices; Limited 90-Day Waiver for Old Dominion and Other Motor Carriers Experiencing Problems Integrating PeopleNet ELD System Updates Into Their Fleet Management Systems AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Grant of waiver. ----------------------------------------------------------------------- [[Page 2745]] SUMMARY: FMCSA grants a limited 90-day waiver from the Federal hours- of-service (HOS) regulations pertaining to electronic logging devices (ELDs) for Old Dominion Freight Lines, Inc. (Old Dominion) and other motor carriers in similar situations due to issues concerning the integration of PeopleNet's ELD software into fleet management systems. The Agency has initiated this action in response to a waiver request from Old Dominion. DATES: This waiver is effective December 18, 2017, and expires on March 18, 2018. FOR FURTHER INFORMATION CONTACT: Thomas L. Yager, Chief, Driver and Carrier Operations Division, Office of Bus and Truck Standards and Operations, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave. SE, Washington, DC 20590. Email: [email protected]. Phone: (614) 942-6477. SUPPLEMENTARY INFORMATION: Old Dominion has asked for relief from the grandfather provision of the ELD regulations, allowing them to add vehicles to their fleet using software that is not fully compliant with the ELD rule, provided the conditions specified in the waiver are met. FMCSA has determined that granting this waiver to Old Dominion, as well as other similarly situated carriers, is in the public interest and will likely achieve a level of safety that is equivalent to the level that would be achieved absent the waiver, based on the terms and conditions imposed in this document. Legal Basis The Transportation Equity Act for the 21st Century (TEA-21) (Pub. L. 105-178, 112 Stat. 107, June 9, 1998) provides the Secretary of Transportation (the Secretary) the authority to grant waivers from any of the Federal Motor Carrier Safety Regulations issued under Chapter 313 of Title 49 of the United States Code or 49 U.S.C. 31136, to a person(s) seeking regulatory relief. (49 U.S.C. 31136(e), 31315(a)). The Secretary must make a determination that the waiver is in the public interest and that it is likely to achieve a level of safety that is equivalent to, or greater than, the level of safety that would be obtained in the absence of the waiver. Individual waivers may be granted only for a specific unique, non-emergency event, for a period up to three months. TEA-21 authorizes the Secretary to grant waivers without requesting public comment, and without providing public notice. The Administrator of FMCSA has been delegated authority under 49 CFR 1.87(e) to carry out the functions vested in the Secretary by 49 U.S.C. chapter 311, subchapter I and III, relating to commercial motor vehicle programs and safety regulations. Background Old Dominion began equipping its commercial motor vehicles with PeopleNet AOBRDs in 2010, and by 2011 its entire fleet was equipped with devices which meet the requirements of 49 CFR 395.15. Data from the AOBRDs is transferred directly into the company's fleet management and safety systems, enabling its dispatchers to know precisely where every driver is at any given time and how many hours he/she has available under the Federal hours-of-service rules. This functionality is not required by the AOBRD rules under 49 CFR 395.15 or the ELD requirements under Subpart B of 49 CFR part 395. Old Dominion explained that PeopleNet's AOBRD and ELD hardware currently installed in its vehicles, and the systems that will be installed in the near future, will satisfy the ELD mandate after the company implements the transition to PeopleNet's December 15, 2017, software release. However, the new PeopleNet release does not include the necessary means to integrate into Old Dominion's fleet management and safety software. Currently, the PeopleNet AOBRD software allows carriers to configure certain sessions. If the settings were not adjustable, the PeopleNet AOBRD would be similar to, but not identical to the FMCSA's ELD technical specifications. Although Old Dominion has configured its settings in the PeopleNet AOBRDs it uses, certain AOBRD software changes must be made by PeopleNet, including:Eliminating the ``skip'' feature; Limiting the auto-duty driving status change threshold to 5 miles; and Limiting geo-fencing of yards to a 0.5-mile radius. When these changes are fully implemented, and the operational controls are in place, the PeopleNet system used by Old Dominion will provide an equivalent level of safety while the integration of the ELD software is completed. Old Dominion's Request Old Dominion requested a 90-day waiver to permit the company to install and use ELD hours-of-service recording devices (i.e., hardware) running PeopleNet's automatic on-board recording device (AOBRD) software that meets the requirements of 49 CFR 395.15, rather than ELD software that meets the requirements of subpart B to part 395, for any truck added to its fleet on or after December 18, 2017, until the company's fleet management software can be fully integrated with PeopleNet's ELD software. The integration of the hours-of-service data with the fleet management and safety systems will enable the company to achieve a high level of safety oversight of its drivers. FMCSA Determination Based on the information presented in Old Dominion's request, FMCSA believes it is appropriate to grant a limited 90-day waiver from 49 CFR 395.8(a)(1)(i) and subpart B of 49 CFR part 395, Electronic Logging Devices. The Agency has determined, as required by 49 U.S.C. 31315(a) and the implementing regulations under 49 CFR part 381, that the waiver is in the public interest and that the waiver is likely to achieve a level of safety that is equivalent to, or greater than, the level of safety that would be obtained in the absence of the waiver. Public Interest FMCSA believes the granting of the waiver is in the public interest, given the scope of Old Dominion's and other companies' operations and their role in delivering cargo that ultimately benefit consumers. In the case of Old Dominion, the company has 228 service centers located throughout the Nation and operates a fleet of more than 8,500 power units. The company employs more than 10,000 company drivers. It is in the public interest to avoid disruptions to Old Dominion and other carriers' operations and, subsequently, a disruption to the movement of a significant amount of freight. Safety Equivalency FMCSA has determined that the electronic system that Old Dominion will use to monitor its drivers' hours of service during the period of the waiver will achieve a level of safety that is equivalent to, or greater than, the level of safety that would be obtained in the absence of the waiver. The company will not only electronically capture the duty status information for all its drivers, it will also monitor the real-time status of its drivers' compliance with the hours-of-service regulations so that supervisors and dispatchers may intervene immediately if a driver is about to run out of driving or on-duty time. Also, with the AOBRD settings outlined in the waiver request, which exceed the minimum required by 49 CFR 395.15, and the commitment by PeopleNet to make associated software [[Page 2746]] changes in its ELD software to disable the ``skip feature,'' limit the auto-duty driving status change threshold to 5 miles or less, limit the geofencing of yard moves to a 0.5-mile radius or less, and maintaining the Auto-Duty Status Change functions outlined in its petition, we believe the requisite level of safety will be provided during the waiver period. In addition, Old Dominion will continue to compel its short haul drivers that are not required to maintain records of duty status to use the existing AOBRD platform. Unique Circumstances Consistent with the statutory requirements for waivers, this relief is for a period not in excess of 3 months and is limited in scope and circumstances. FMCSA finds that the challenges Old Dominion described in achieving compliance with the ELD requirements while integrating the PeopleNet ELD software into existing fleet management systems is a unique situation for Old Dominion and other carriers facing similar challenges integrating PeopleNet software into their fleet management systems. For the reasons cited above, FMCSA grants Old Dominion, and other motor carriers facing similar challenges integrating PeopleNet ELD software into fleet management systems, a limited three-month waiver from the ELD requirements, subject to the terms and conditions provided below. Terms and Conditions of the Waiver This waiver covers Old Dominion Inc. and other motor carriers experiencing similar challenges resulting from PeopleNet's software for the period beginning at 12:01 a.m. (ET) on December 18, 2017, continuing through 11:59 p.m. on March 18, 2018. Regulatory Provisions Waived This waiver is limited strictly to 49 CFR 395.8(a)(1)(i) and subpart B of 49 CFR part 395, Electronic Logging Devices. Old Dominion and other motor carriers with similar situations related to PeopleNet's recent software release, must comply with all other applicable provisions of the Federal Motor Carrier Safety Regulations (FMCSRs) (49 CFR 350-399). Restrictions Each motor carrier operating under this waiver must ensure that drivers required to maintain a record of duty status (ROD) must do so with a device that meets the requirements of 49 CFR 395.15 concerning automatic on-board recording devices (AOBRDs): 1. During the waiver period, vehicles may be added to the fleet only if the vehicle is equipped with ELD hardware, capable of running the PeopleNet ELD Software. 2. The AOBRD must transfer data directly into the motor carrier's fleet management and safety systems, allowing its dispatchers to know precisely where the drivers are at any given time and how many hours he/she has available under the Federal hours-of-service rules. 3. The motor carrier will use the AOBRD settings similar to those outlined in Old Dominion's waiver request. 4. PeopleNet system must be modified to disable or adjust the settings as outlined below. a. Eliminate the ``skip feature''; b. Limit the auto-duty driving status change threshold to 5 miles or less; and c. Limit the geo-fencing yard time limit to a 0.5-mile radius or less. If it is determined that this software has not been changed, this waiver does not apply. Notification to FMCSA of Accidents Each motor carrier must notify FMCSA within 5 business days of an accident (as defined in 49 CFR 390.5), involving any commercial motor vehicles operating under the terms of this waiver. The notification must include the following information: Date of the accident, City or town, and State, in which the accident occurred, or closest to the accident scene, Driver's name and license number, Vehicle number and State license number, Number of individuals suffering physical injury, Number of fatalities, The police-reported cause of the accident, and Whether the driver was cited for violation of any traffic laws, or motor carrier safety regulations. Notification shall be by email to [email protected]. Preemption of State Requirements Consistent with 49 U.S.C. 31315(d), this waiver preempts inconsistent State or local requirements applicable to interstate commerce. Issued on: January 11, 2018. Cathy F. Gautreaux, Deputy Administrator. [FR Doc. 2018-00842 Filed 1-18-18; 8:45 am] BILLING CODE 4910-EX-P
![2744 Federal Register / Vol. 83, No. 13 / Friday, January 19, 2018 / Rules and Regulations
Because future appropriations levels 50 percent service duration requirement Start Act allows programs to request to
were not known when the HSPPS final to be $535 million. Since the convert part-day slots to full-day or full-
rule was published in September 2016, publication of the final rule in working-day slots. This determination
the final rule provided authority for the September 2016, when Head Start by the Secretary provides local Head
Secretary to lower the increased Head programs were notified of the future Start programs maximum flexibility to
Start center-based service duration requirements to increase center-based determine program schedules that best
requirements based on an assessment of service duration to 1,020 annual hours, meet the demonstrated needs in their
available funding closer to the no additional funds have been communities, and ensures low-income
requirement’s effective date in order to appropriated to support increases in children will not lose access to Head
prevent thousands of disadvantaged service duration. While we requested Start’s comprehensive services and a
children not having access to Head funds to support additional increases in preschool experience before entering
Start. service duration in FY 2017, Congress Kindergarten because of a federal
did not further increase Head Start requirement. Additionally, the
Authority
appropriations for this purpose. requirement under § 1302.21(c)(1)(i) that
Section 1302.21(c)(3)(i) of the HSPPS HHS has conducted an assessment of Early Head Start programs provide 1,380
final rule allows the Secretary to lower available funding and the current annual hours of planned class
the required percentage of funded percentages of slots individual programs operations for all center-based
enrollment slots for which programs currently operate at 1,020 annual hours. enrollment by August 1, 2018 also
must provide 1,020 annual hours of Based on this assessment, we estimate remains in effect.
planned class operations from the 50 that without additional funding, The Secretary’s determination under
percent required in § 1302.21(c)(2)(iii), implementation of the requirement at § 1302.21(c)(3)(i) does not affect the
on or before February 1, 2018, based on § 1302.21(c)(2)(iii) for each program to Secretary’s authority to make a separate
an assessment of the availability of operate 50 percent of its Head Start determination under § 1302.21(c)(3)(ii)
sufficient funding to mitigate a center-based slots for 1,020 annual on or before February 1, 2020, to
substantial reduction in funded hours would result in a loss of maintain or lower the service duration
enrollment. approximately 41,000 Head Start slots, requirement described in
Funding Assessment which represents roughly five percent of § 1302.21(c)(2)(iv) based on an
existing Head Start slots. The FY 2018 assessment of the availability of
The Secretary has made an President’s Budget did not request an
assessment that Head Start sufficient funding to mitigate a
increase in appropriations to support substantial reduction in funded
appropriations are not sufficient to increases in service duration. We do not
allow the requirement at enrollment resulting from that
expect sufficient funding to become requirement.
§ 1302.21(c)(2)(iii), for 50 percent of available in time for grantees to meet the
each program’s Head Start center-based In addition, the Secretary’s
current HSPPS standard. determination under § 1302.21(c)(3)(i)
slots to operate for 1,020 annual hours,
to go into effect without resulting in a Conclusion does not change or affect current
substantial reduction in funded Under § 1302.21(c)(3)(i), the Secretary processes that allow grantees to request
enrollment. has made a determination that there is to serve children for longer service
Prior to publication of the HSPPS not sufficient funding available to duration within existing funding levels
final rule, Congress appropriated $294 mitigate a substantial reduction in as part of the grantee’s annual service
million in fiscal year (FY) 2016 to funded enrollment resulting from the and enrollment negotiations with the
support an increase in hours of program requirement described in Office of Head Start.
operations across Head Start and Early § 1302.21(c)(2)(iii), and hereby waives Dated: January 16, 2018.
Head Start. At the time of the FY 2016 the requirement that 50 percent of a Eric D. Hargan,
funding to support and increased program’s Head Start center-based Acting Secretary, Department of Health and
duration, the regulatory requirements program’s funded enrollment that must Human Services.
were not in effect. Programs that wished operate for 1,020 annual hours of [FR Doc. 2018–00897 Filed 1–18–18; 8:45 am]
to voluntarily increase hours of program planned class operations by August 1, BILLING CODE 4184–01–P
operations to 1,020 annual hours for up 2019, effectively lowering the
to 40 percent of their Head Start center- percentage to 0. This determination is
based slots or to 1,380 annual hours for effective immediately. Because the
their Early Head Start center-based slots HSPPS final rule governs the Secretary’s DEPARTMENT OF TRANSPORTATION
were eligible to submit an application discretion in this matter, the public
by June 2016 to receive additional comment process is not required. Federal Motor Carrier Safety
funds. Some eligible programs chose not The service duration requirements for Administration
to apply for additional funding. There Head Start center-based programs
are programs that currently operate described in § 1302.21(c)(2)(i) and (ii) 49 CFR Part 395
none of their Head Start center-based remain in effect. Under these
funded enrollment for 1,020 annual requirements, a Head Start center-based Hours of Service of Drivers; Electronic
hours. There are also programs that program must provide, at a minimum, at Logging Devices; Limited 90-Day
currently operate all of their Head Start least 160 days per year of planned class Waiver for Old Dominion and Other
center-based funded enrollment for operations if it operates for five days per Motor Carriers Experiencing Problems
week, or at least 128 days per year if it Integrating PeopleNet ELD System
daltland on DSKBBV9HB2PROD with RULES
1,020 hours or longer. These
requirements are minimums, and operates four days per week. Classes Updates Into Their Fleet Management
programs could choose to operate some must operate for a minimum of 3.5 Systems
slots longer each day and/or for more hours per day. These requirements are AGENCY: Federal Motor Carrier Safety
days per year. minimums, and programs could choose Administration (FMCSA), DOT.
In the HSPPS final rule, we estimated to operate some slots longer each day
ACTION: Grant of waiver.
the cost for programs to implement the and/or for more days per year. The Head
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![2746 Federal Register / Vol. 83, No. 13 / Friday, January 19, 2018 / Rules and Regulations
changes in its ELD software to disable December 18, 2017, continuing through b. Limit the auto-duty driving status
the ‘‘skip feature,’’ limit the auto-duty 11:59 p.m. on March 18, 2018. change threshold to 5 miles or less; and
driving status change threshold to 5 c. Limit the geo-fencing yard time
Regulatory Provisions Waived
miles or less, limit the geofencing of limit to a 0.5-mile radius or less.
yard moves to a 0.5-mile radius or less, This waiver is limited strictly to 49 If it is determined that this software
and maintaining the Auto-Duty Status CFR 395.8(a)(1)(i) and subpart B of 49 has not been changed, this waiver does
Change functions outlined in its CFR part 395, Electronic Logging not apply.
petition, we believe the requisite level Devices. Old Dominion and other motor
Notification to FMCSA of Accidents
of safety will be provided during the carriers with similar situations related
waiver period. In addition, Old to PeopleNet’s recent software release, Each motor carrier must notify
Dominion will continue to compel its must comply with all other applicable FMCSA within 5 business days of an
short haul drivers that are not required provisions of the Federal Motor Carrier accident (as defined in 49 CFR 390.5),
to maintain records of duty status to use Safety Regulations (FMCSRs) (49 CFR involving any commercial motor
the existing AOBRD platform. 350–399). vehicles operating under the terms of
this waiver. The notification must
Unique Circumstances Restrictions include the following information:
Consistent with the statutory Each motor carrier operating under • Date of the accident,
requirements for waivers, this relief is this waiver must ensure that drivers • City or town, and State, in which
for a period not in excess of 3 months required to maintain a record of duty the accident occurred, or closest to the
and is limited in scope and status (ROD) must do so with a device accident scene,
circumstances. FMCSA finds that the that meets the requirements of 49 CFR • Driver’s name and license number,
challenges Old Dominion described in 395.15 concerning automatic on-board • Vehicle number and State license
achieving compliance with the ELD recording devices (AOBRDs): number,
requirements while integrating the 1. During the waiver period, vehicles • Number of individuals suffering
PeopleNet ELD software into existing may be added to the fleet only if the physical injury,
fleet management systems is a unique vehicle is equipped with ELD hardware, • Number of fatalities,
situation for Old Dominion and other capable of running the PeopleNet ELD • The police-reported cause of the
carriers facing similar challenges Software. accident, and
integrating PeopleNet software into their 2. The AOBRD must transfer data • Whether the driver was cited for
fleet management systems. directly into the motor carrier’s fleet violation of any traffic laws, or motor
For the reasons cited above, FMCSA carrier safety regulations.
management and safety systems,
grants Old Dominion, and other motor Notification shall be by email to
allowing its dispatchers to know
carriers facing similar challenges MCPSD@DOT.GOV.
precisely where the drivers are at any
integrating PeopleNet ELD software into
given time and how many hours he/she Preemption of State Requirements
fleet management systems, a limited
has available under the Federal hours-
three-month waiver from the ELD Consistent with 49 U.S.C. 31315(d),
of-service rules.
requirements, subject to the terms and this waiver preempts inconsistent State
conditions provided below. 3. The motor carrier will use the
or local requirements applicable to
AOBRD settings similar to those
Terms and Conditions of the Waiver interstate commerce.
outlined in Old Dominion’s waiver
This waiver covers Old Dominion Inc. request. Issued on: January 11, 2018.
and other motor carriers experiencing 4. PeopleNet system must be modified Cathy F. Gautreaux,
similar challenges resulting from to disable or adjust the settings as Deputy Administrator.
PeopleNet’s software for the period outlined below. [FR Doc. 2018–00842 Filed 1–18–18; 8:45 am]
beginning at 12:01 a.m. (ET) on a. Eliminate the ‘‘skip feature’’; BILLING CODE 4910–EX–P
daltland on DSKBBV9HB2PROD with RULES
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Document Created: 2018-01-19 02:42:27
Document Modified: 2018-01-19 02:42:27
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Grant of waiver. | |
| Dates | This waiver is effective December 18, 2017, and expires on March 18, 2018. | |
| Contact | Thomas L. Yager, Chief, Driver and Carrier Operations Division, Office of Bus and Truck Standards and Operations, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave. SE, Washington, DC 20590. Email: [email protected] Phone: (614) 942-6477. | |
| FR Citation | 83 FR 2744 |
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