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, 2744-2746 [2018-00842]
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2744
Federal Register / Vol. 83, No. 13 / Friday, January 19, 2018 / Rules and Regulations
Because future appropriations levels
were not known when the HSPPS final
rule was published in September 2016,
the final rule provided authority for the
Secretary to lower the increased Head
Start center-based service duration
requirements based on an assessment of
available funding closer to the
requirement’s effective date in order to
prevent thousands of disadvantaged
children not having access to Head
Start.
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Authority
Section 1302.21(c)(3)(i) of the HSPPS
final rule allows the Secretary to lower
the required percentage of funded
enrollment slots for which programs
must provide 1,020 annual hours of
planned class operations from the 50
percent required in § 1302.21(c)(2)(iii),
on or before February 1, 2018, based on
an assessment of the availability of
sufficient funding to mitigate a
substantial reduction in funded
enrollment.
Funding Assessment
The Secretary has made an
assessment that Head Start
appropriations are not sufficient to
allow the requirement at
§ 1302.21(c)(2)(iii), for 50 percent of
each program’s Head Start center-based
slots to operate for 1,020 annual hours,
to go into effect without resulting in a
substantial reduction in funded
enrollment.
Prior to publication of the HSPPS
final rule, Congress appropriated $294
million in fiscal year (FY) 2016 to
support an increase in hours of program
operations across Head Start and Early
Head Start. At the time of the FY 2016
funding to support and increased
duration, the regulatory requirements
were not in effect. Programs that wished
to voluntarily increase hours of program
operations to 1,020 annual hours for up
to 40 percent of their Head Start centerbased slots or to 1,380 annual hours for
their Early Head Start center-based slots
were eligible to submit an application
by June 2016 to receive additional
funds. Some eligible programs chose not
to apply for additional funding. There
are programs that currently operate
none of their Head Start center-based
funded enrollment for 1,020 annual
hours. There are also programs that
currently operate all of their Head Start
center-based funded enrollment for
1,020 hours or longer. These
requirements are minimums, and
programs could choose to operate some
slots longer each day and/or for more
days per year.
In the HSPPS final rule, we estimated
the cost for programs to implement the
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16:04 Jan 18, 2018
Jkt 244001
50 percent service duration requirement
to be $535 million. Since the
publication of the final rule in
September 2016, when Head Start
programs were notified of the future
requirements to increase center-based
service duration to 1,020 annual hours,
no additional funds have been
appropriated to support increases in
service duration. While we requested
funds to support additional increases in
service duration in FY 2017, Congress
did not further increase Head Start
appropriations for this purpose.
HHS has conducted an assessment of
available funding and the current
percentages of slots individual programs
currently operate at 1,020 annual hours.
Based on this assessment, we estimate
that without additional funding,
implementation of the requirement at
§ 1302.21(c)(2)(iii) for each program to
operate 50 percent of its Head Start
center-based slots for 1,020 annual
hours would result in a loss of
approximately 41,000 Head Start slots,
which represents roughly five percent of
existing Head Start slots. The FY 2018
President’s Budget did not request an
increase in appropriations to support
increases in service duration. We do not
expect sufficient funding to become
available in time for grantees to meet the
current HSPPS standard.
Conclusion
Under § 1302.21(c)(3)(i), the Secretary
has made a determination that there is
not sufficient funding available to
mitigate a substantial reduction in
funded enrollment resulting from the
requirement described in
§ 1302.21(c)(2)(iii), and hereby waives
the requirement that 50 percent of a
program’s Head Start center-based
program’s funded enrollment that must
operate for 1,020 annual hours of
planned class operations by August 1,
2019, effectively lowering the
percentage to 0. This determination is
effective immediately. Because the
HSPPS final rule governs the Secretary’s
discretion in this matter, the public
comment process is not required.
The service duration requirements for
Head Start center-based programs
described in § 1302.21(c)(2)(i) and (ii)
remain in effect. Under these
requirements, a Head Start center-based
program must provide, at a minimum, at
least 160 days per year of planned class
operations if it operates for five days per
week, or at least 128 days per year if it
operates four days per week. Classes
must operate for a minimum of 3.5
hours per day. These requirements are
minimums, and programs could choose
to operate some slots longer each day
and/or for more days per year. The Head
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Sfmt 4700
Start Act allows programs to request to
convert part-day slots to full-day or fullworking-day slots. This determination
by the Secretary provides local Head
Start programs maximum flexibility to
determine program schedules that best
meet the demonstrated needs in their
communities, and ensures low-income
children will not lose access to Head
Start’s comprehensive services and a
preschool experience before entering
Kindergarten because of a federal
requirement. Additionally, the
requirement under § 1302.21(c)(1)(i) that
Early Head Start programs provide 1,380
annual hours of planned class
operations for all center-based
enrollment by August 1, 2018 also
remains in effect.
The Secretary’s determination under
§ 1302.21(c)(3)(i) does not affect the
Secretary’s authority to make a separate
determination under § 1302.21(c)(3)(ii)
on or before February 1, 2020, to
maintain or lower the service duration
requirement described in
§ 1302.21(c)(2)(iv) based on an
assessment of the availability of
sufficient funding to mitigate a
substantial reduction in funded
enrollment resulting from that
requirement.
In addition, the Secretary’s
determination under § 1302.21(c)(3)(i)
does not change or affect current
processes that allow grantees to request
to serve children for longer service
duration within existing funding levels
as part of the grantee’s annual service
and enrollment negotiations with the
Office of Head Start.
Dated: January 16, 2018.
Eric D. Hargan,
Acting Secretary, Department of Health and
Human Services.
[FR Doc. 2018–00897 Filed 1–18–18; 8:45 am]
BILLING CODE 4184–01–P
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
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Grant of waiver.
AGENCY:
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Federal Register / Vol. 83, No. 13 / Friday, January 19, 2018 / Rules and Regulations
FMCSA grants a limited 90day waiver from the Federal hours-ofservice (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:
MCPSD@dot.gov. 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.
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SUMMARY:
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
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16:04 Jan 18, 2018
Jkt 244001
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
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Fmt 4700
Sfmt 4700
2745
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 realtime 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
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Federal Register / Vol. 83, No. 13 / Friday, January 19, 2018 / Rules and Regulations
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.
December 18, 2017, continuing through
11:59 p.m. on March 18, 2018.
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.
Restrictions
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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
VerDate Sep<11>2014
16:04 Jan 18, 2018
Jkt 244001
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).
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 hoursof-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’’;
PO 00000
Frm 00014
Fmt 4700
Sfmt 9990
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
MCPSD@DOT.GOV.
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
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]]>Agencies
[Federal Register Volume 83, Number 13 (Friday, January 19, 2018)]
[Rules and Regulations]
[Pages 2744-2746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00842]
=======================================================================
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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
