83 FR 4548 - Hours of Service of Drivers: Electronic Logging Devices; Application for Exemption; 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 21 (January 31, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 21 (January 31, 2018)
| Page Range | 4548-4550 | |
| FR Document | 2018-01939 |
[Federal Register Volume 83, Number 21 (Wednesday, January 31, 2018)] [Notices] [Pages 4548-4550] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-01939] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2018-0002] Hours of Service of Drivers: Electronic Logging Devices; Application for Exemption; 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: Notice of application for exemption; request for comments. ----------------------------------------------------------------------- SUMMARY: FMCSA announces that Old Dominion Freight Line Inc. (Old Dominion) has requested an exemption from the electronic logging device (ELD) requirements. Old Dominion request this exemption to allow the company to install ELD devices running on automatic on-board recording device (AOBRD) software in commercial motor vehicles (CMVs) added to the company's fleet for up to one year from the December 18, 2017, ELD mandate compliance date. If granted, this modified ELD phase-in period will allow Old Dominion's AORBD/ELD provider, PeopleNet, to complete the development of the software necessary to integrate ELD data with the company's fleet management and safety systems to fully meet the ELD mandate. FMCSA considers the request to be on behalf of all motor carriers in similar situations concerning the integration of PeopleNet's ELD software into fleet management systems. [[Page 4549]] DATES: Comments must be received on or before March 2, 2018. ADDRESSES: You may submit comments identified by Federal Docket Management System (FDMS) Number FMCSA-2018-0002 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: Docket Management Facility, 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., Monday through Friday, except Federal holidays. Fax: 1-202-493-2251. Each submission must include the Agency name and the docket number 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 or visit Room W12-140 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. The on-line FDMS is available 24 hours each day, 365 days each year. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, 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 at www.dot.gov/privacy. FOR FURTHER INFORMATION CONTACT: For information concerning this notice, contact Mr. Tom Yager, Chief, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 614-942-6477. Email: MCPSD@dot.gov. If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (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-2018-0002), 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 comments online, go to www.regulations.gov and put the docket number, ``FMCSA-2018-0002'' in the ``Keyword'' box, and click ``Search.'' When the new screen appears, click on ``Comment Now!'' button and type your comment into the text box in 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 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 and may grant or not grant this application based on your comments. II. Legal Basis FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant exemptions from certain parts of the 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 achieve a level of safety equivalent to, or greater than, the level that would be achieved by the current regulation (49 CFR 381.305). The decision of the Agency must be published in the Federal Register (49 CFR 381.315(b)) with the reasons for denying or granting the application and, if granted, the name of the person or class of persons receiving the exemption, and the regulatory provision from which the exemption is granted. The notice must also specify the effective period and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.300(b)). III. Background Old Dominion, USDOT 90849, reports that it is an interstate motor carrier based in North Carolina with 228 Service Centers located throughout the country. Its operations cover the entire continental United States. The company is one of the largest less-than-truckload carriers in the country, operating a fleet of more than 8,500 power units and employing more than 10,100 CMV drivers. Old Dominion began equipping its vehicles with PeopleNet AOBRDs in 2010, and by 2011 the entire fleet was equipped with devices which meet the requirements of 49 CFR 395.15. Data from the AOBRDs feed directly into the company's fleet management and safety systems, enabling its dispatchers to know precisely where each of its drivers 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 art 395. Currently, the PeopleNet AOBRD software allows carriers to configure certain specifications. If the settings were not adjustable, the PeopleNet AOBRD would be similar to, but not identical to the FMCSA's ELD technical specifications. Old Dominion has configured its settings in the PeopleNet AOBRDs it uses. However, certain AOBRD software changes must be made by PeopleNet, including: Disabling the ``skip feature;'' Limiting the auto-duty status change threshold to 5 miles; and Limiting geo-fencing of yard time to 0.5 miles. When these changes are fully implemented, the PeopleNet system used by Old Dominion would meet the ELD requirements according to Old Dominion. IV. Request for Exemption Old Dominion is requesting a one-year exemption to permit the company to install and use ELD hours-of-service recording devices (i.e., hardware) running PeopleNet's AOBRD software that meets the requirements of 49 CFR 395.15, rather than ELD software that meets the requirements of subpart B to [[Page 4550]] part 395, for any truck added to its fleet on or after December 18, 2017, until the company's full transition to ELDs can be accomplished. Old Dominion explained that the exemption would provide the company time to work with its AOBRD/ELD provider, PeopleNet, to complete the development of the software necessary to integrate ELD data with Old Dominion's fleet management and safety systems. The integration of the hours-of-service data with the fleet management and safety systems would enable the company to achieve a high level of safety oversight of its drivers. FMCSA considers the request to be on behalf of all motor carriers in similar situations concerning the integration of PeopleNet's ELD software into fleet management systems. Old Dominion explained that all of the PeopleNet AOBRD and ELD hardware currently installed in Old Dominion's vehicles, and the systems that will be installed in the near future, would satisfy the ELD mandate after the company implements the transition to PeopleNet's December 15, 2017, release. However, the new PeopleNet release does not include the necessary means to integrate into Old Dominion's fleet management and safety software. A copy of Old Dominion's application for exemption is available for review in the docket for this notice. Issued on: January 23, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-01939 Filed 1-30-18; 8:45 am] BILLING CODE 4910-EX-P
![4548 Federal Register / Vol. 83, No. 21 / Wednesday, January 31, 2018 / Notices
Issued on: January 24, 2018. Privacy Act: In accordance with 5 22, 2017, and will expire on October 22,
Larry W. Minor, U.S.C. 553(c), DOT solicits comments 2019.
Associate Administrator for Policy. from the public to better inform its In accordance with 49 U.S.C. 31315,
[FR Doc. 2018–01934 Filed 1–30–18; 8:45 am] rulemaking process. DOT posts these each exemption will be valid for two
BILLING CODE 4910–EX–P comments, without edit, including any years from the effective date unless
personal information the commenter revoked earlier by FMCSA. The
provides, to http://www.regulations.gov, exemption will be revoked if the
DEPARTMENT OF TRANSPORTATION as described in the system of records following occurs: (1) The person fails to
notice (DOT/ALL–14 FDMS), which can comply with the terms and conditions
Federal Motor Carrier Safety be reviewed at http://www.dot.gov/ of the exemption; (2) the exemption has
Administration privacy. resulted in a lower level of safety than
[Docket No. FMCSA 2015–0118] II. Background was maintained prior to being granted;
or (3) continuation of the exemption
Qualification of Drivers; Exemption On November 27, 2017, FMCSA would not be consistent with the goals
Applications; Epilepsy and Seizure published a notice announcing its and objectives of 49 U.S.C. 31136 and
Disorders decision to renew exemptions for three 31315.
individuals from the epilepsy and
AGENCY: Federal Motor Carrier Safety Issued on: January 25, 2018.
seizure disorders prohibition in 49 CFR
Administration (FMCSA), DOT. 391.41(b)(8) to operate a CMV in Larry W. Minor,
ACTION: Notice of final disposition. interstate commerce and requested Associate Administrator for Policy.
comments from the public (82 FR [FR Doc. 2018–01935 Filed 1–30–18; 8:45 am]
SUMMARY: FMCSA announces its
56106). The public comment period BILLING CODE 4910–EX–P
decision to renew exemptions for three
individuals from the requirement in the ended on December 27, 2017 and zero
Federal Motor Carrier Safety comments were received.
As stated in the previous notice, DEPARTMENT OF TRANSPORTATION
Regulations (FMCSRs) that interstate
FMCSA has evaluated the eligibility of
commercial motor vehicle (CMV) Federal Motor Carrier Safety
these applicants and determined that
drivers have ‘‘no established medical Administration
renewing these exemptions would
history or clinical diagnosis of epilepsy
achieve a level of safety equivalent to or
or any other condition which is likely
to cause loss of consciousness or any greater than the level that would be [Docket No. FMCSA–2018–0002]
loss of ability to control a CMV.’’ The achieved by complying with the current
regulation 49 CFR 391.41(b)(8). Hours of Service of Drivers: Electronic
exemptions enable these individuals Logging Devices; Application for
The physical qualification standard
who have had one or more seizures and Exemption; Old Dominion and Other
for drivers regarding epilepsy found in
are taking anti-seizure medication to Motor Carriers Experiencing Problems
49 CFR 391.41(b)(8) states that a person
continue to operate CMVs in interstate Integrating PeopleNet ELD System
is physically qualified to drive a CMV
commerce. Updates Into Their Fleet Management
if that person has no established
DATES: The exemptions were applicable Systems
medical history or clinical diagnosis of
on October 22, 2017. The exemptions epilepsy or any other condition which
expire on October 22, 2019. AGENCY: Federal Motor Carrier Safety
is likely to cause the loss of
FOR FURTHER INFORMATION CONTACT: Ms. Administration (FMCSA), DOT.
consciousness or any loss of ability to
Christine A. Hydock, Chief, Medical control a CMV. ACTION: Notice of application for
Programs Division, (202) 366–4001, In addition to the regulations, FMCSA exemption; request for comments.
fmcsamedical@dot.gov, FMCSA, has published advisory criteria to assist
Department of Transportation, 1200 Medical Examiners in determining SUMMARY: FMCSA announces that Old
New Jersey Avenue SE, Room W64–224, whether drivers with certain medical Dominion Freight Line Inc. (Old
Washington, DC 20590–0001. Office conditions are qualified to operate a Dominion) has requested an exemption
hours are from 8:30 a.m. to 5 p.m., e.t., CMV in interstate commerce. [49 CFR from the electronic logging device (ELD)
Monday through Friday, except Federal part 391, APPENDIX A TO PART 391— requirements. Old Dominion request
holidays. If you have questions MEDICAL ADVISORY CRITERIA, this exemption to allow the company to
regarding viewing or submitting section H. Epilepsy: § 391.41(b)(8), install ELD devices running on
material to the docket, contact Docket paragraphs 3, 4, and 5.] automatic on-board recording device
Services, telephone (202) 366–9826. (AOBRD) software in commercial motor
SUPPLEMENTARY INFORMATION:
III. Discussion of Comments vehicles (CMVs) added to the
FMCSA received zero comments in company’s fleet for up to one year from
I. Electronic Access the December 18, 2017, ELD mandate
this preceding.
You may see all the comments online compliance date. If granted, this
through the Federal Document IV. Conclusion modified ELD phase-in period will
Management System (FDMS) at: http:// Based upon its evaluation of the three allow Old Dominion’s AORBD/ELD
www.regulations.gov. renewal exemption applications, provider, PeopleNet, to complete the
Docket: For access to the docket to FMCSA announces its’ decision to development of the software necessary
read background documents or to integrate ELD data with the
sradovich on DSK3GMQ082PROD with NOTICES
exempt the following drivers from the
comments, go to http:// epilepsy and seizure disorders company’s fleet management and safety
www.regulations.gov and/or Room prohibition in 49 CFR 391.41 (b)(8): systems to fully meet the ELD mandate.
W12–140 on the ground level of the Joshua Abel, (MD); Jeremy H. Fryburg, FMCSA considers the request to be on
West Building, 1200 New Jersey Avenue (PA); and Anthony E. Martens, (SD). behalf of all motor carriers in similar
SE, Washington, DC, between 9 a.m. and The drivers were included in docket situations concerning the integration of
5 p.m., e.t., Monday through Friday, number FMCSA–2015–0118. Their PeopleNet’s ELD software into fleet
except Federal holidays. exemptions are applicable as of October management systems.
VerDate Sep<11>2014 17:36 Jan 30, 2018 Jkt 244001 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 E:\FR\FM\31JAN1.SGM 31JAN1](https://thefederalregister.org/doc/83_FR_4569/page/1.svg)
![4550 Federal Register / Vol. 83, No. 21 / Wednesday, January 31, 2018 / Notices
part 395, for any truck added to its fleet to cause loss of consciousness or any greater than the level that would be
on or after December 18, 2017, until the loss of ability to control a CMV.’’ The achieved by complying with the current
company’s full transition to ELDs can be exemptions enable these individuals regulation 49 CFR 391.41(b)(8).
accomplished. Old Dominion explained who have had one or more seizures and The physical qualification standard
that the exemption would provide the are taking anti-seizure medication to for drivers regarding epilepsy found in
company time to work with its AOBRD/ continue to operate CMVs in interstate 49 CFR 391.41(b)(8) states that a person
ELD provider, PeopleNet, to complete commerce. is physically qualified to drive a CMV
the development of the software DATES: The exemptions were applicable if that person has no established
necessary to integrate ELD data with on August 13, 2017. The exemptions medical history or clinical diagnosis of
Old Dominion’s fleet management and expire on August 13, 2019. epilepsy or any other condition which
safety systems. The integration of the FOR FURTHER INFORMATION CONTACT: Ms. is likely to cause the loss of
hours-of-service data with the fleet Christine A. Hydock, Chief, Medical consciousness or any loss of ability to
management and safety systems would Programs Division, (202) 366–4001, control a CMV.
enable the company to achieve a high fmcsamedical@dot.gov, FMCSA, In addition to the regulations, FMCSA
level of safety oversight of its drivers. Department of Transportation, 1200 has published advisory criteria to assist
FMCSA considers the request to be on New Jersey Avenue SE, Room W64–224, Medical Examiners in determining
behalf of all motor carriers in similar Washington, DC 20590–0001. Office whether drivers with certain medical
situations concerning the integration of hours are from 8:30 a.m. to 5 p.m., e.t., conditions are qualified to operate a
PeopleNet’s ELD software into fleet Monday through Friday, except Federal CMV in interstate commerce. [49 CFR
management systems. holidays. If you have questions part 391, APPENDIX A TO PART 391—
Old Dominion explained that all of MEDICAL ADVISORY CRITERIA,
regarding viewing or submitting
the PeopleNet AOBRD and ELD section H. Epilepsy: § 391.41(b)(8),
material to the docket, contact Docket
hardware currently installed in Old paragraphs 3, 4, and 5.]
Services, telephone (202) 366–9826.
Dominion’s vehicles, and the systems
that will be installed in the near future, SUPPLEMENTARY INFORMATION: III. Discussion of Comments
would satisfy the ELD mandate after the I. Electronic Access FMCSA received zero comments in
company implements the transition to this preceding.
You may see all the comments online
PeopleNet’s December 15, 2017, release.
through the Federal Document IV. Conclusion
However, the new PeopleNet release
Management System (FDMS) at: http:// Based upon its evaluation of the 10
does not include the necessary means to
www.regulations.gov. renewal exemption applications,
integrate into Old Dominion’s fleet
Docket: For access to the docket to FMCSA announces its decision to
management and safety software.
A copy of Old Dominion’s application read background documents or exempt the following drivers from the
for exemption is available for review in comments, go to http:// epilepsy and seizure disorders
the docket for this notice. www.regulations.gov and/or Room prohibition in 49 CFR 391.41(b)(8):
W12–140 on the ground level of the
Issued on: January 23, 2018. West Building, 1200 New Jersey Avenue Eric J. Barnwell (MI)
Larry W. Minor, SE, Washington, DC, between 9 a.m. and John W. Boerth (WI)
Associate Administrator for Policy. 5 p.m., e.t., Monday through Friday, Don C. Darbyshire (IA)
[FR Doc. 2018–01939 Filed 1–30–18; 8:45 am] except Federal holidays. Todd A. Davis (WI)
BILLING CODE 4910–EX–P Privacy Act: In accordance with 5 Daniel Dellaserra (CA)
U.S.C. 553(c), DOT solicits comments Charles T. Gray (OK)
from the public to better inform its Eric A. Hilmer (WI)
DEPARTMENT OF TRANSPORTATION rulemaking process. DOT posts these David Kietzman (WI)
comments, without edit, including any Dennis Klamm (MN)
Federal Motor Carrier Safety personal information the commenter Brian J. Wiggins (ID)
Administration provides, to http://www.regulations.gov, The drivers were included in docket
[Docket Nos. FMCSA–2010–0203; FMCSA– as described in the system of records numbers FMCSA–2010–0203; FMCSA–
2011–0389; FMCSA–2012–0050; FMCSA– notice (DOT/ALL–14 FDMS), which can 2011–0389; FMCSA–2012–0050;
2012–0294; FMCSA–2012–0094; FMCSA– be reviewed at http://www.dot.gov/ FMCSA–2012–0294; FMCSA–2012–
2014–0382; FMCSA–2015–0116; FMCSA– privacy. 0094; FMCSA–2014–0382; FMCSA–
2015–0117] 2015–0116; FMCSA–2015–0117. Their
II. Background exemptions are applicable as of August
Qualification of Drivers; Exemption On November 27, 2017, FMCSA 13, 2017, and will expire on August 13,
Applications; Epilepsy and Seizure published a notice announcing its 2019.
Disorders decision to renew exemptions for 10 In accordance with 49 U.S.C. 31315,
AGENCY: Federal Motor Carrier Safety individuals from the epilepsy and each exemption will be valid for two
Administration (FMCSA), DOT. seizure disorders prohibition in 49 CFR years from the effective date unless
ACTION: Notice of final disposition. 391.41(b)(8) to operate a CMV in revoked earlier by FMCSA. The
interstate commerce and requested exemption will be revoked if the
SUMMARY: FMCSA announces its comments from the public (82 FR following occurs: (1) The person fails to
decision to renew exemptions for 10 56110). The public comment period comply with the terms and conditions
sradovich on DSK3GMQ082PROD with NOTICES
individuals from the requirement in the ended on December 27, 2017 and zero of the exemption; (2) the exemption has
Federal Motor Carrier Safety comments were received. resulted in a lower level of safety than
Regulations (FMCSRs) that interstate As stated in the previous notice, was maintained prior to being granted;
commercial motor vehicle (CMV) FMCSA has evaluated the eligibility of or (3) continuation of the exemption
drivers have ‘‘no established medical these applicants and determined that would not be consistent with the goals
history or clinical diagnosis of epilepsy renewing these exemptions would and objectives of 49 U.S.C. 31136 and
or any other condition which is likely achieve a level of safety equivalent to or 31315.
VerDate Sep<11>2014 17:36 Jan 30, 2018 Jkt 244001 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 E:\FR\FM\31JAN1.SGM 31JAN1](https://thefederalregister.org/doc/83_FR_4569/page/3.svg)
Document Created: 2018-01-31 00:57:38
Document Modified: 2018-01-31 00:57:38
| 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 | Notices | |
| Action | Notice of application for exemption; request for comments. | |
| Dates | Comments must be received on or before March 2, 2018. | |
| Contact | For information concerning this notice, contact Mr. Tom Yager, Chief, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 614-942-6477. Email: [email protected] If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. | |
| FR Citation | 83 FR 4548 |
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