Exemption To Allow Werner Enterprises, Inc. To Use Global Positioning System (GPS) Technology To Monitor and Record Drivers' Hours of Service, 980 [E9-192]
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Federal Register / Vol. 74, No. 6 / Friday, January 9, 2009 / Notices
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VerDate Nov<24>2008
16:16 Jan 08, 2009
Jkt 217001
Issued On: January 6, 2009.
James R. Kabel,
Chief, Management Programs and Analysis.
[FR Doc. E9–173 Filed 1–8–09; 8:45 am]
BILLING CODE 4910–22–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[FMCSA Docket No. FMCSA–2003–15818]
Exemption To Allow Werner
Enterprises, Inc. To Use Global
Positioning System (GPS) Technology
To Monitor and Record Drivers’ Hours
of Service
AGENCY: Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice.
SUMMARY: FMCSA announces that
Werner Enterprises, Inc.’s (Werner’s)
exemption from the Agency’s regulatory
requirements regarding Automatic OnBoard Recording Devices is no longer
required for the Werner Paperless Log
System (WPLS). Based on information
provided by Werner, the Agency has
determined that the exemption is no
longer required due to recent
technological changes in the WPLS.
DATES: This notice is effective January 9,
2009.
FOR FURTHER INFORMATION CONTACT: Mr.
Thomas Yager, Chief, FMCSA Driver
and Carrier Operations Division, Office
of Bus and Truck Standards and
Operations: Telephone: 202–366–4325.
E-mail: MCPSD@dot.gov.
SUPPLEMENTARY INFORMATION:
Prior Werner Exemption
Following public notice and
comment, on September 21, 2004,
FMCSA granted Werner a 2-year
exemption from the requirement that its
commercial motor vehicle (CMV)
drivers prepare handwritten records of
duty status (49 CFR 395.8) or use an
Automatic On-Board Recording Device
(AOBRD) (49 CFR 395.15). A
determination was made that the Global
Positioning System (GPS) technology
and complementary safety management
computer systems in the Werner
Paperless Log System (WPLS) would
achieve the requisite level of safety. At
that time, the primary reason for the
exemption was that the Werner system
was not integrally synchronized with
the CMV as required by the definition
of an AOBRD in 49 CFR 395.2. Certain
information regarding miles driven and
road speed was obtained from the GPS.
The exemption was effective on
PO 00000
Frm 00106
Fmt 4703
Sfmt 4703
September 21, 2004 and expired on
September 21, 2006 (69 FR 56474).
In 2006, Werner applied for renewal
of this exemption. Under 49 U.S.C.
31315 and 31136(e), FMCSA may renew
an exemption for a period of up to 2
years if it finds ‘‘* * *such exemption
would likely achieve a level of safety
that is equivalent to, or greater than, the
level that would be achieved absent
such exemption.* * *’’ FMCSA
evaluated Werner’s application, and in
a September 7, 2006 notice, announced
its decision to renew Werner’s
exemption for 2 years (71 FR 52846).
Request for Determination
In July 2008, Werner requested that
FMCSA review the modified WPLS to
determine whether an exemption is still
necessary. Werner advised that changes
made in the WPLS have brought it into
compliance with 49 CFR 395.15, and
provided detailed information to
FMCSA in support of its request.
A subsequent analysis of technical
compliance with 49 CFR 395.15 was
undertaken by FMCSA based on
Werner’s documentation. Regarding the
primary issue of integral
synchronization with the CMV to record
engine use, road speed, miles driven,
and date and time of day, Werner
responded that except for date and time
of day, all of this data is now obtained
directly from the engine control module
of the CMV. The date and time of day
are obtained from the computer-satellite
link. The GPS capability is only used to
establish vehicle location, as permitted
by 49 CFR 395.15.
FMCSA Determination
Based on the information provided by
Werner, FMCSA has determined that
the WPLS is in compliance with 49 CFR
395.15, and Werner no longer requires
an exemption for use of the WPLS.
Issued on: December 29, 2008.
Larry W. Minor,
Associate Administrator for Policy and
Program Development.
[FR Doc. E9–192 Filed 1–8–09; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–98–3637; FMCSA–00–
8203; FMCSA–02–12844; FMCSA–04–17984;
FMCSA–06–24015; FMCSA–06–26066]
Qualification of Drivers; Exemption
Applications; Vision
AGENCY: Federal Motor Carrier Safety
Administration (FMCSA), DOT.
E:\FR\FM\09JAN1.SGM
09JAN1
]]>Agencies
[Federal Register Volume 74, Number 6 (Friday, January 9, 2009)]
[Notices]
[Page 980]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-192]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[FMCSA Docket No. FMCSA-2003-15818]
Exemption To Allow Werner Enterprises, Inc. To Use Global
Positioning System (GPS) Technology To Monitor and Record Drivers'
Hours of Service
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces that Werner Enterprises, Inc.'s (Werner's)
exemption from the Agency's regulatory requirements regarding Automatic
On-Board Recording Devices is no longer required for the Werner
Paperless Log System (WPLS). Based on information provided by Werner,
the Agency has determined that the exemption is no longer required due
to recent technological changes in the WPLS.
DATES: This notice is effective January 9, 2009.
FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, FMCSA Driver
and Carrier Operations Division, Office of Bus and Truck Standards and
Operations: Telephone: 202-366-4325. E-mail: MCPSD@dot.gov.
SUPPLEMENTARY INFORMATION:
Prior Werner Exemption
Following public notice and comment, on September 21, 2004, FMCSA
granted Werner a 2-year exemption from the requirement that its
commercial motor vehicle (CMV) drivers prepare handwritten records of
duty status (49 CFR 395.8) or use an Automatic On-Board Recording
Device (AOBRD) (49 CFR 395.15). A determination was made that the
Global Positioning System (GPS) technology and complementary safety
management computer systems in the Werner Paperless Log System (WPLS)
would achieve the requisite level of safety. At that time, the primary
reason for the exemption was that the Werner system was not integrally
synchronized with the CMV as required by the definition of an AOBRD in
49 CFR 395.2. Certain information regarding miles driven and road speed
was obtained from the GPS. The exemption was effective on September 21,
2004 and expired on September 21, 2006 (69 FR 56474).
In 2006, Werner applied for renewal of this exemption. Under 49
U.S.C. 31315 and 31136(e), FMCSA may renew an exemption for a period of
up to 2 years if it finds ``* * *such exemption would likely achieve a
level of safety that is equivalent to, or greater than, the level that
would be achieved absent such exemption.* * *'' FMCSA evaluated
Werner's application, and in a September 7, 2006 notice, announced its
decision to renew Werner's exemption for 2 years (71 FR 52846).
Request for Determination
In July 2008, Werner requested that FMCSA review the modified WPLS
to determine whether an exemption is still necessary. Werner advised
that changes made in the WPLS have brought it into compliance with 49
CFR 395.15, and provided detailed information to FMCSA in support of
its request.
A subsequent analysis of technical compliance with 49 CFR 395.15
was undertaken by FMCSA based on Werner's documentation. Regarding the
primary issue of integral synchronization with the CMV to record engine
use, road speed, miles driven, and date and time of day, Werner
responded that except for date and time of day, all of this data is now
obtained directly from the engine control module of the CMV. The date
and time of day are obtained from the computer-satellite link. The GPS
capability is only used to establish vehicle location, as permitted by
49 CFR 395.15.
FMCSA Determination
Based on the information provided by Werner, FMCSA has determined
that the WPLS is in compliance with 49 CFR 395.15, and Werner no longer
requires an exemption for use of the WPLS.
Issued on: December 29, 2008.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E9-192 Filed 1-8-09; 8:45 am]
BILLING CODE 4910-EX-P
