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, 4548-4550 [2018-01939]
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4548
Federal Register / Vol. 83, No. 21 / Wednesday, January 31, 2018 / Notices
Issued on: January 24, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018–01934 Filed 1–30–18; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA 2015–0118]
Qualification of Drivers; Exemption
Applications; Epilepsy and Seizure
Disorders
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
FMCSA announces its
decision to renew exemptions for three
individuals from the requirement in the
Federal Motor Carrier Safety
Regulations (FMCSRs) that interstate
commercial motor vehicle (CMV)
drivers have ‘‘no established medical
history or clinical diagnosis of epilepsy
or any other condition which is likely
to cause loss of consciousness or any
loss of ability to control a CMV.’’ The
exemptions enable these individuals
who have had one or more seizures and
are taking anti-seizure medication to
continue to operate CMVs in interstate
commerce.
DATES: The exemptions were applicable
on October 22, 2017. The exemptions
expire on October 22, 2019.
FOR FURTHER INFORMATION CONTACT: Ms.
Christine A. Hydock, Chief, Medical
Programs Division, (202) 366–4001,
fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200
New Jersey Avenue SE, Room W64–224,
Washington, DC 20590–0001. Office
hours are from 8:30 a.m. to 5 p.m., e.t.,
Monday through Friday, except Federal
holidays. If you have questions
regarding viewing or submitting
material to the docket, contact Docket
Services, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
sradovich on DSK3GMQ082PROD with NOTICES
SUMMARY:
I. Electronic Access
You may see all the comments online
through the Federal Document
Management System (FDMS) at: https://
www.regulations.gov.
Docket: For access to the docket to
read background documents or
comments, go to https://
www.regulations.gov and/or 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., e.t., Monday through Friday,
except Federal holidays.
VerDate Sep<11>2014
17:36 Jan 30, 2018
Jkt 244001
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 https://www.regulations.gov,
as described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at https://www.dot.gov/
privacy.
II. Background
On November 27, 2017, FMCSA
published a notice announcing its
decision to renew exemptions for three
individuals from the epilepsy and
seizure disorders prohibition in 49 CFR
391.41(b)(8) to operate a CMV in
interstate commerce and requested
comments from the public (82 FR
56106). The public comment period
ended on December 27, 2017 and zero
comments were received.
As stated in the previous notice,
FMCSA has evaluated the eligibility of
these applicants and determined that
renewing these exemptions would
achieve a level of safety equivalent to or
greater than the level that would be
achieved by complying with the current
regulation 49 CFR 391.41(b)(8).
The physical qualification standard
for drivers regarding epilepsy found in
49 CFR 391.41(b)(8) states that a person
is physically qualified to drive a CMV
if that person has no established
medical history or clinical diagnosis of
epilepsy or any other condition which
is likely to cause the loss of
consciousness or any loss of ability to
control a CMV.
In addition to the regulations, FMCSA
has published advisory criteria to assist
Medical Examiners in determining
whether drivers with certain medical
conditions are qualified to operate a
CMV in interstate commerce. [49 CFR
part 391, APPENDIX A TO PART 391—
MEDICAL ADVISORY CRITERIA,
section H. Epilepsy: § 391.41(b)(8),
paragraphs 3, 4, and 5.]
III. Discussion of Comments
FMCSA received zero comments in
this preceding.
IV. Conclusion
Based upon its evaluation of the three
renewal exemption applications,
FMCSA announces its’ decision to
exempt the following drivers from the
epilepsy and seizure disorders
prohibition in 49 CFR 391.41 (b)(8):
Joshua Abel, (MD); Jeremy H. Fryburg,
(PA); and Anthony E. Martens, (SD).
The drivers were included in docket
number FMCSA–2015–0118. Their
exemptions are applicable as of October
PO 00000
Frm 00086
Fmt 4703
Sfmt 4703
22, 2017, and will expire on October 22,
2019.
In accordance with 49 U.S.C. 31315,
each exemption will be valid for two
years from the effective date unless
revoked earlier by FMCSA. The
exemption will be revoked if the
following occurs: (1) The person fails to
comply with the terms and conditions
of the exemption; (2) the exemption has
resulted in a lower level of safety than
was maintained prior to being granted;
or (3) continuation of the exemption
would not be consistent with the goals
and objectives of 49 U.S.C. 31136 and
31315.
Issued on: January 25, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018–01935 Filed 1–30–18; 8:45 am]
BILLING CODE 4910–EX–P
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
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of application for
exemption; request for comments.
AGENCY:
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.
SUMMARY:
E:\FR\FM\31JAN1.SGM
31JAN1
Federal Register / Vol. 83, No. 21 / Wednesday, January 31, 2018 / Notices
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:
sradovich on DSK3GMQ082PROD with NOTICES
DATES:
I. Public Participation and Request for
Comments
FMCSA encourages you to participate
by submitting comments and related
materials.
VerDate Sep<11>2014
17:36 Jan 30, 2018
Jkt 244001
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 81⁄2 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,
PO 00000
Frm 00087
Fmt 4703
Sfmt 4703
4549
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 oneyear 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
E:\FR\FM\31JAN1.SGM
31JAN1
4550
Federal Register / Vol. 83, No. 21 / Wednesday, January 31, 2018 / Notices
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
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket Nos. FMCSA–2010–0203; FMCSA–
2011–0389; FMCSA–2012–0050; FMCSA–
2012–0294; FMCSA–2012–0094; FMCSA–
2014–0382; FMCSA–2015–0116; FMCSA–
2015–0117]
Qualification of Drivers; Exemption
Applications; Epilepsy and Seizure
Disorders
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
FMCSA announces its
decision to renew exemptions for 10
individuals from the requirement in the
Federal Motor Carrier Safety
Regulations (FMCSRs) that interstate
commercial motor vehicle (CMV)
drivers have ‘‘no established medical
history or clinical diagnosis of epilepsy
or any other condition which is likely
sradovich on DSK3GMQ082PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
17:36 Jan 30, 2018
Jkt 244001
to cause loss of consciousness or any
loss of ability to control a CMV.’’ The
exemptions enable these individuals
who have had one or more seizures and
are taking anti-seizure medication to
continue to operate CMVs in interstate
commerce.
DATES: The exemptions were applicable
on August 13, 2017. The exemptions
expire on August 13, 2019.
FOR FURTHER INFORMATION CONTACT: Ms.
Christine A. Hydock, Chief, Medical
Programs Division, (202) 366–4001,
fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200
New Jersey Avenue SE, Room W64–224,
Washington, DC 20590–0001. Office
hours are from 8:30 a.m. to 5 p.m., e.t.,
Monday through Friday, except Federal
holidays. If you have questions
regarding viewing or submitting
material to the docket, contact Docket
Services, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
greater than the level that would be
achieved by complying with the current
regulation 49 CFR 391.41(b)(8).
The physical qualification standard
for drivers regarding epilepsy found in
49 CFR 391.41(b)(8) states that a person
is physically qualified to drive a CMV
if that person has no established
medical history or clinical diagnosis of
epilepsy or any other condition which
is likely to cause the loss of
consciousness or any loss of ability to
control a CMV.
In addition to the regulations, FMCSA
has published advisory criteria to assist
Medical Examiners in determining
whether drivers with certain medical
conditions are qualified to operate a
CMV in interstate commerce. [49 CFR
part 391, APPENDIX A TO PART 391—
MEDICAL ADVISORY CRITERIA,
section H. Epilepsy: § 391.41(b)(8),
paragraphs 3, 4, and 5.]
I. Electronic Access
FMCSA received zero comments in
this preceding.
You may see all the comments online
through the Federal Document
Management System (FDMS) at: https://
www.regulations.gov.
Docket: For access to the docket to
read background documents or
comments, go to https://
www.regulations.gov and/or 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., e.t., Monday through Friday,
except Federal holidays.
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 https://www.regulations.gov,
as described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at https://www.dot.gov/
privacy.
II. Background
On November 27, 2017, FMCSA
published a notice announcing its
decision to renew exemptions for 10
individuals from the epilepsy and
seizure disorders prohibition in 49 CFR
391.41(b)(8) to operate a CMV in
interstate commerce and requested
comments from the public (82 FR
56110). The public comment period
ended on December 27, 2017 and zero
comments were received.
As stated in the previous notice,
FMCSA has evaluated the eligibility of
these applicants and determined that
renewing these exemptions would
achieve a level of safety equivalent to or
PO 00000
Frm 00088
Fmt 4703
Sfmt 4703
III. Discussion of Comments
IV. Conclusion
Based upon its evaluation of the 10
renewal exemption applications,
FMCSA announces its decision to
exempt the following drivers from the
epilepsy and seizure disorders
prohibition in 49 CFR 391.41(b)(8):
Eric J. Barnwell (MI)
John W. Boerth (WI)
Don C. Darbyshire (IA)
Todd A. Davis (WI)
Daniel Dellaserra (CA)
Charles T. Gray (OK)
Eric A. Hilmer (WI)
David Kietzman (WI)
Dennis Klamm (MN)
Brian J. Wiggins (ID)
The drivers were included in docket
numbers FMCSA–2010–0203; FMCSA–
2011–0389; FMCSA–2012–0050;
FMCSA–2012–0294; FMCSA–2012–
0094; FMCSA–2014–0382; FMCSA–
2015–0116; FMCSA–2015–0117. Their
exemptions are applicable as of August
13, 2017, and will expire on August 13,
2019.
In accordance with 49 U.S.C. 31315,
each exemption will be valid for two
years from the effective date unless
revoked earlier by FMCSA. The
exemption will be revoked if the
following occurs: (1) The person fails to
comply with the terms and conditions
of the exemption; (2) the exemption has
resulted in a lower level of safety than
was maintained prior to being granted;
or (3) continuation of the exemption
would not be consistent with the goals
and objectives of 49 U.S.C. 31136 and
31315.
E:\FR\FM\31JAN1.SGM
31JAN1
Agencies
[Federal Register Volume 83, Number 21 (Wednesday, January 31, 2018)]
[Notices]
[Pages 4548-4550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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: [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-2018-0002), 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