83 FR 52870 - Hours of Service of Drivers: Application for Exemption; Fiat Chrysler Automobiles (FCA)
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 202 (October 18, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 202 (October 18, 2018)
| Page Range | 52870-52872 | |
| FR Document | 2018-22701 |
[Federal Register Volume 83, Number 202 (Thursday, October 18, 2018)] [Notices] [Pages 52870-52872] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-22701] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2018-0299] Hours of Service of Drivers: Application for Exemption; Fiat Chrysler Automobiles (FCA) AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of application for exemption; request for comments. ----------------------------------------------------------------------- SUMMARY: FMCSA announces that Fiat Chrysler Automobiles (FCA) has requested an exemption from the requirement that a motor carrier install and require each of its drivers to use an electronic logging device (ELD) to record the driver's hours-of-service (HOS). FCA has requested a two-year exemption for all its operators of commercial motor vehicles (CMVs) including engineers, technicians, and other drivers who operate CMVs on public roads. FCA's product development activities encompass working with suppliers on validating engineering redesigns for future vehicles, and they estimate that 85% to 90% of such testing occurs on-site at its facilities. The remaining testing occurs off-site on public roads which is the reason FCA is requesting the exemption from the ELD regulations. FCA believes that granting this exemption will have no adverse safety impacts while its CMV operators are performing product development on off-site public road trips. FMCSA requests public comment on FCA's application for exemption. DATES: Comments must be received on or before November 19, 2018. ADDRESSES: You may submit comments identified by Federal Docket Management System (FDMS) Number FMCSA-2018-0299 by any of the following methods:Federal eRulemaking Portal: www.regulations.gov. See the Public [[Page 52871]] 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: Mr. Richard Clemente, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 202-366-2722. Email: [email protected]. 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-2018-0299), 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-2018-0299'' 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. Request for Exemption FCA's CMVs include RAM trucks and other product families, which when configured with a trailer have a gross combination weight rating greater than 10,000 pounds. When operated in interstate commerce, this subjects the company and its drivers to the 49 CFR part 300-399 series of Federal regulations including the hours-of-service (HOS) rules. Procedures and processes are in place to ensure that only FCA and supplier employees with an active driver qualification file operate these vehicles. In any given year, up to 100 FCA employees may be involved in driving its CMVs on product development off-site road trips. All of its engineers and technicians are infrequent drivers who on average drive less than 2,500 miles/year on public roads. Additionally, all Engineering Groups conduct off-site road trips to evaluate systems and components to support future product development activities. Including non-CMV support vehicles, FCA normally sends between 8 to 12 vehicles with 4 to 5 trailers. This type of trip would include up to 20 drivers (engineers and technicians) who possess either a commercial driver's license or a chauffer's license. Most road trips involve a smaller number of vehicles and drivers, and according to FCA, a significant amount of testing occurs while the vehicles are stationary. FCA's product development activities encompass working with suppliers on validating engineering redesigns for future vehicles. FCA tests ``next generation'' vehicles against competing products from other original equipment manufacturers in dynamics settings. FCA estimates that 85% to 90% of such testing occurs on-site at its facilities or proving grounds, and the remaining testing occurs off- site on public roads. Specifically, FCA conducts tests to benchmark vehicles against competing brands, and some of these programs involve calibration and thermal validation of complete vehicle systems at various locations in the United States and Canada. On occasion, the instrumented vehicles and trailers are shipped to the off-site testing location, and on other occasions, FCA's engineers, technicians and suppliers drive these vehicles to the off-site test locations. None of its CMVs are involved in package delivery or passenger transportation. FCA has already tested several portable electronic logging device (ELD) units and found that the device interferes with the ability of their data loggers to capture high-speed data from vehicle control modules and networks [[Page 52872]] for critical vehicle validation. Furthermore, the device causes the logger to suspend all message transmissions in error. As a result of its detailed investigations on this matter, FCA has concluded that utilizing paper records of duty status (RODS) and/or another HOS compliance application besides an ELD is the most effective and accurate method of measuring and reporting HOS that is compatible with its data loggers. FCA further includes a number of exhibits which demonstrate the problems described in the application when utilizing ELDs. The Company also includes HOS and other general compliance forms currently used to remain in compliance with the appropriate Federal Motor Carrier Safety Regulations. IV. Method To Ensure an Equivalent or Greater Level of Safety According to FCA, the granting of this exemption will have no negative impact on public safety or compliance with the HOS regulations. FCA takes the safety of its employees and the general public seriously. All product development off-site road trips are planned months in advance, and the participants, details of the testing protocol, routing and choice of lodgings are selected to maintain HOS compliance. Its employees have been using paper RODS to record HOS for the past five years. FCA utilizes print and on-line training tools to instruct its employees in CMV Driver Basics; Compliance, Safety, Accountability Know the Basics; Driver Vehicle and Road Side Inspections; and HOS Driver Training. FCA further recognizes that employees rotate annually between vehicle platforms and therefore conducts several safe driving workshops annually at its facilities to introduce and reinforce the following: Preparing to drive a CMV and driver fatigue; the basics of vehicle handling and safe braking with and without a trailer; truck-trailer backing skills including backing up an inclined road and parking; downhill braking techniques with ballasted trailers; and demonstration of proper truck/trailer connections (conventional, fifth wheel and gooseneck). All FCA attendees will have an opportunity to practice driving, parking and safe backing skills. FCA requests a two-year exemption from the ELD requirements in 49 CFR part 395 subpart B. A copy of FCA's application for exemption is available for review in the docket for this notice. Issued on: October 12, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-22701 Filed 10-17-18; 8:45 am] BILLING CODE 4910-EX-P
![52870 Federal Register / Vol. 83, No. 202 / Thursday, October 18, 2018 / Notices
‘‘Keyword’’ box, and click ‘‘Search.’’ are the operators of the heavy effort to ensure the same level of safety
When the new screen appears, click on equipment. They drive to the job is maintained by complying with the
‘‘Comment Now!’’ button and type your location, then operate the equipment regulations, Rota-Mill will add fatigue
comment into the text box in the they deliver. Their driving time for any management training for its drivers. The
following screen. Choose whether you given day would be less than 5 hours. requested exemptions are for 5 years. A
are submitting your comment as an A considerable amount of Rota-Mill’s copy of Rota-Mill’s application for
individual or on behalf of a third party jobs are between one and one-and-a-half exemptions is available for review in the
and then submit. If you submit your hours away. If the job is for 8 hours, docket for this notice.
comments by mail or hand delivery, these drivers can easily return to Rota- Issued on: October 12, 2018.
submit them in an unbound format, no Mill’s facility within the 12-hour limit
Larry W. Minor,
larger than 81⁄2 by 11 inches, suitable for of the short-haul exception in 395.1(e).
copying and electronic filing. If you The issue arises when Rota-Mill’s crews Associate Administrator for Policy.
submit comments by mail and would arrive on a job, and the job increases in [FR Doc. 2018–22703 Filed 10–17–18; 8:45 am]
like to know that they reached the size as a result of some unforeseen BILLING CODE 4910–EX–P
facility, please enclose a stamped, self- circumstance. In this case, the Rota-Mill
addressed postcard or envelope. FMCSA drivers are sometimes required to work
will consider all comments and material longer than 12 hours. DEPARTMENT OF TRANSPORTATION
received during the comment period The first exemption from the HOS rest
break provision, if granted, would Federal Motor Carrier Safety
and may grant or not grant this
enable drivers engaged in the Administration
application based on your comments.
transportation of milled asphalt and
II. Legal Basis related materials to use 30 minutes or [Docket No. FMCSA–2018–0299]
FMCSA has authority under 49 U.S.C. more of on-duty ‘‘waiting time’’ to
31136(e) and 31315 to grant exemptions satisfy the requirement for the 30- Hours of Service of Drivers:
from certain Federal Motor Carrier minute rest break, provided they do not Application for Exemption; Fiat
Safety Regulations (FMCSRs). FMCSA perform any other work during the Chrysler Automobiles (FCA)
must publish a notice of each exemption break. This would apply when the AGENCY: Federal Motor Carrier Safety
request in the Federal Register (49 CFR drivers are not eligible for the short-haul Administration (FMCSA), DOT.
381.315(a)). The Agency must provide exception. According to Rota-Mill, the ACTION: Notice of application for
the public an opportunity to inspect the requirement for the 30-minute break exemption; request for comments.
information relevant to the application, after the first 8 hours on duty is difficult
including any safety analyses that have for their drivers, because the time SUMMARY: FMCSA announces that Fiat
been conducted. The Agency must also actually driving a CMV is typically only Chrysler Automobiles (FCA) has
provide an opportunity for public a few hours per day, with the rest of the requested an exemption from the
comment on the request. day assigned to some other task. Rota- requirement that a motor carrier install
The Agency reviews safety analyses Mill dump truck operators are required and require each of its drivers to use an
and public comments submitted, and to wait at quarries and various other electronic logging device (ELD) to
determines whether granting the locations, and cannot get out of line to record the driver’s hours-of-service
exemption would likely achieve a level take their required 30-minute break. (HOS). FCA has requested a two-year
of safety equivalent to, or greater than, Extending the short-haul exception exemption for all its operators of
the level that would be achieved by the without the 30-minute mandatory break commercial motor vehicles (CMVs)
current regulation (49 CFR 381.305). would help make Rota-Mill’s system run including engineers, technicians, and
The decision of the Agency must be more efficiently and ultimately be safer. other drivers who operate CMVs on
published in the Federal Register (49 The second exemption, if granted, public roads. FCA’s product
CFR 381.315(b)) with the reasons for would allow these same drivers to use development activities encompass
denying or granting the application and, the short-haul RODS exception but with working with suppliers on validating
if granted, the name of the person or a 14-hour duty period instead of 12 engineering redesigns for future
class of persons receiving the hours. Rota-Mill advises that providing vehicles, and they estimate that 85% to
exemption, and the regulatory provision the requested relief would allow all of 90% of such testing occurs on-site at its
from which the exemption is granted. their drivers to get home in a compliant facilities. The remaining testing occurs
The notice must also specify the amount of time without the burden of off-site on public roads which is the
effective period (up to 5 years) and having to maintain a full record of duty
reason FCA is requesting the exemption
explain the terms and conditions of the status or taking the currently required
from the ELD regulations. FCA believes
exemption. The exemption may be 30-minute break if they exceed the 12-
that granting this exemption will have
renewed (49 CFR 381.300(b)). hour work day. Additionally, granting
no adverse safety impacts while its CMV
these requested exemptions would ease
III. Request for Exemption operators are performing product
confusion and provide clarity for Rota-
development on off-site public road
Rota-Mill seeks exemptions for all of Mill drivers who may mistakenly
trips. FMCSA requests public comment
its drivers transporting milled asphalt believe they are covered under the
on FCA’s application for exemption.
and related materials and equipment short-haul exception.
from the HOS 30-minute rest break Rota-Mill states in its application that DATES: Comments must be received on
drivers would receive sufficient rest due or before November 19, 2018.
khammond on DSK30JT082PROD with NOTICES
provision in 49 CFR 395.3(a)(3)(ii) and
the restriction of the RODS exception to the nature of their operations that ADDRESSES: You may submit comments
for short-haul operations to drivers who limits driving to an average of six to identified by Federal Docket
return to their normal work-reporting seven hours per day or less during the Management System (FDMS) Number
location within 12 hours [49 CFR road milling season. Rota-Mill believes FMCSA–2018–0299 by any of the
395.1(e)(1)(ii)(A)]. that granting these exemptions would following methods:
Rota-Mill employs approximately 21 achieve the same level of safety • Federal eRulemaking Portal:
commercial driver’s license holders who provided by the two HOS rules. In an www.regulations.gov. See the Public
VerDate Sep<11>2014 17:28 Oct 17, 2018 Jkt 247001 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\18OCN1.SGM 18OCN1](https://thefederalregister.org/doc/83_FR_53072/page/1.svg)
![52872 Federal Register / Vol. 83, No. 202 / Thursday, October 18, 2018 / Notices
for critical vehicle validation. Issued on: October 12, 2018. Docket: For access to the docket to
Furthermore, the device causes the Larry W. Minor, read background documents or
logger to suspend all message Associate Administrator for Policy. comments, go to www.regulations.gov at
transmissions in error. As a result of its [FR Doc. 2018–22701 Filed 10–17–18; 8:45 am] any time or visit Room W12–140 on the
detailed investigations on this matter, BILLING CODE 4910–EX–P ground level of the West Building, 1200
FCA has concluded that utilizing paper New Jersey Avenue SE, Washington,
records of duty status (RODS) and/or DC, between 9 a.m. and 5 p.m., ET,
another HOS compliance application DEPARTMENT OF TRANSPORTATION Monday through Friday, except Federal
besides an ELD is the most effective and holidays. The on-line FDMS is available
Federal Motor Carrier Safety 24 hours each day, 365 days each year.
accurate method of measuring and
Administration Privacy Act: In accordance with 5
reporting HOS that is compatible with
its data loggers. FCA further includes a [Docket No. FMCSA–2018–0235] U.S.C. 553(c), DOT solicits comments
from the public to better inform its
number of exhibits which demonstrate
Hours of Service of Drivers: Wolfe rulemaking process. DOT posts these
the problems described in the
House Movers, LLC and Wolfe House comments, without edit, including any
application when utilizing ELDs. The personal information the commenter
Movers of Indiana, LLC; Application for
Company also includes HOS and other provides, to www.regulations.gov, as
Exemption
general compliance forms currently described in the system of records
used to remain in compliance with the AGENCY: Federal Motor Carrier Safety notice (DOT/ALL–14 FDMS), which can
appropriate Federal Motor Carrier Safety Administration (FMCSA), DOT. be reviewed at www.dot.gov/privacy.
Regulations. ACTION: Notice of application for
FOR FURTHER INFORMATION CONTACT: For
exemption; request for comments.
IV. Method To Ensure an Equivalent or information concerning this notice,
Greater Level of Safety SUMMARY: FMCSA announces that it has please contact Ms. Pearlie Robinson,
received a joint application from Wolfe FMCSA Driver and Carrier Operations
According to FCA, the granting of this House Movers, LLC and Wolfe House Division; Telephone: (202) 366–4225;
exemption will have no negative impact Movers of Indiana, LLC (Wolfe) Email: MCPSD@dot.gov. If you have
on public safety or compliance with the requesting an exemption from the questions on viewing or submitting
HOS regulations. FCA takes the safety of hours-of-service (HOS) regulations for material to the docket, contact Docket
its employees and the general public drivers operating commercial motor Services, telephone (202) 366–9826.
seriously. All product development off- vehicles (CMV) that transport steel SUPPLEMENTARY INFORMATION:
site road trips are planned months in beams and dollies to and from various
I. Public Participation and Request for
advance, and the participants, details of job sites for lifting and moving
Comments
the testing protocol, routing and choice buildings. Wolfe requests an exemption
of lodgings are selected to maintain to use the 70-hour/8-day rule for its FMCSA encourages you to participate
HOS compliance. Its employees have CMV operations although the company by submitting comments and related
been using paper RODS to record HOS does not operate CMVs 7 days a week. materials.
for the past five years. FCA utilizes print FMCSA requests public comment on Submitting Comments
and on-line training tools to instruct its this application for exemption.
DATES: Comments must be received on If you submit a comment, please
employees in CMV Driver Basics;
or before November 19, 2018. include the docket number for this
Compliance, Safety, Accountability
ADDRESSES: You may submit comments
notice (FMCSA–2018–0235), indicate
Know the Basics; Driver Vehicle and the specific section of this document to
Road Side Inspections; and HOS Driver identified by Federal Docket
Management System Number FMCSA– which the comment applies, and
Training. FCA further recognizes that provide a reason for suggestions or
employees rotate annually between 2018–0235 by any of the following
methods: recommendations. You may submit
vehicle platforms and therefore your comments and material online or
conducts several safe driving workshops • Federal eRulemaking Portal:
www.regulations.gov. See the Public by fax, mail, or hand delivery, but
annually at its facilities to introduce and please use only one of these means.
Participation and Request for Comments
reinforce the following: Preparing to FMCSA recommends that you include
section below for further information.
drive a CMV and driver fatigue; the • Mail: Docket Management Facility, your name and a mailing address, an
basics of vehicle handling and safe U.S. Department of Transportation, 1200 email address, or a phone number in the
braking with and without a trailer; New Jersey Avenue SE, West Building, body of your document so the Agency
truck-trailer backing skills including Ground Floor, Room W12–140, can contact you if it has questions
backing up an inclined road and Washington, DC 20590–0001. regarding your submission.
parking; downhill braking techniques • Hand Delivery or Courier: West To submit your comment online, go to
with ballasted trailers; and Building, Ground Floor, Room W12– www.regulations.gov and put the docket
demonstration of proper truck/trailer 140, 1200 New Jersey Avenue SE, number, ‘‘FMCSA–2018–0235’’ in the
connections (conventional, fifth wheel between 9 a.m. and 5 p.m. E.T., Monday ‘‘Keyword’’ box, and click ‘‘Search.’’
and gooseneck). All FCA attendees will through Friday, except Federal holidays. When the new screen appears, click on
have an opportunity to practice driving, • Fax: 1–202–493–2251. ‘‘Comment Now!’’ button and type your
Each submission must include the comment into the text box in the
khammond on DSK30JT082PROD with NOTICES
parking and safe backing skills. FCA
requests a two-year exemption from the Agency name and the docket number for following screen. Choose whether you
ELD requirements in 49 CFR part 395 this notice. Note that DOT posts all are submitting your comment as an
subpart B. comments received without change to individual or on behalf of a third party
www.regulations.gov, including any and then submit. If you submit your
A copy of FCA’s application for personal information included in a comments by mail or hand delivery,
exemption is available for review in the comment. Please see the Privacy Act submit them in an unbound format, no
docket for this notice. heading below. larger than 81⁄2 by 11 inches, suitable for
VerDate Sep<11>2014 17:28 Oct 17, 2018 Jkt 247001 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 E:\FR\FM\18OCN1.SGM 18OCN1](https://thefederalregister.org/doc/83_FR_53072/page/3.svg)
Document Created: 2018-10-18 03:05:41
Document Modified: 2018-10-18 03:05:41
| 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 November 19, 2018. | |
| Contact | Mr. Richard Clemente, FMCSA Driver and | |
| FR Citation | 83 FR 52870 |
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