Hours of Service of Drivers: Application for Exemption; Fiat Chrysler Automobiles (FCA), 52870-52872 [2018-22701]
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52870
Federal Register / Vol. 83, No. 202 / Thursday, October 18, 2018 / Notices
‘‘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, selfaddressed 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.
khammond on DSK30JT082PROD with NOTICES
II. Legal Basis
FMCSA has authority under 49 U.S.C.
31136(e) and 31315 to grant exemptions
from certain 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 (up to 5 years) and
explain the terms and conditions of the
exemption. The exemption may be
renewed (49 CFR 381.300(b)).
III. Request for Exemption
Rota-Mill seeks exemptions for all of
its drivers transporting milled asphalt
and related materials and equipment
from the HOS 30-minute rest break
provision in 49 CFR 395.3(a)(3)(ii) and
the restriction of the RODS exception
for short-haul operations to drivers who
return to their normal work-reporting
location within 12 hours [49 CFR
395.1(e)(1)(ii)(A)].
Rota-Mill employs approximately 21
commercial driver’s license holders who
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Jkt 247001
are the operators of the heavy
equipment. They drive to the job
location, then operate the equipment
they deliver. Their driving time for any
given day would be less than 5 hours.
A considerable amount of Rota-Mill’s
jobs are between one and one-and-a-half
hours away. If the job is for 8 hours,
these drivers can easily return to RotaMill’s facility within the 12-hour limit
of the short-haul exception in 395.1(e).
The issue arises when Rota-Mill’s crews
arrive on a job, and the job increases in
size as a result of some unforeseen
circumstance. In this case, the Rota-Mill
drivers are sometimes required to work
longer than 12 hours.
The first exemption from the HOS rest
break provision, if granted, would
enable drivers engaged in the
transportation of milled asphalt and
related materials to use 30 minutes or
more of on-duty ‘‘waiting time’’ to
satisfy the requirement for the 30minute rest break, provided they do not
perform any other work during the
break. This would apply when the
drivers are not eligible for the short-haul
exception. According to Rota-Mill, the
requirement for the 30-minute break
after the first 8 hours on duty is difficult
for their drivers, because the time
actually driving a CMV is typically only
a few hours per day, with the rest of the
day assigned to some other task. RotaMill dump truck operators are required
to wait at quarries and various other
locations, and cannot get out of line to
take their required 30-minute break.
Extending the short-haul exception
without the 30-minute mandatory break
would help make Rota-Mill’s system run
more efficiently and ultimately be safer.
The second exemption, if granted,
would allow these same drivers to use
the short-haul RODS exception but with
a 14-hour duty period instead of 12
hours. Rota-Mill advises that providing
the requested relief would allow all of
their drivers to get home in a compliant
amount of time without the burden of
having to maintain a full record of duty
status or taking the currently required
30-minute break if they exceed the 12hour work day. Additionally, granting
these requested exemptions would ease
confusion and provide clarity for RotaMill drivers who may mistakenly
believe they are covered under the
short-haul exception.
Rota-Mill states in its application that
drivers would receive sufficient rest due
to the nature of their operations that
limits driving to an average of six to
seven hours per day or less during the
road milling season. Rota-Mill believes
that granting these exemptions would
achieve the same level of safety
provided by the two HOS rules. In an
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Frm 00071
Fmt 4703
Sfmt 4703
effort to ensure the same level of safety
is maintained by complying with the
regulations, Rota-Mill will add fatigue
management training for its drivers. The
requested exemptions are for 5 years. A
copy of Rota-Mill’s application for
exemptions is available for review in the
docket for this notice.
Issued on: October 12, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018–22703 Filed 10–17–18; 8:45 am]
BILLING CODE 4910–EX–P
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)
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of application for
exemption; request for comments.
AGENCY:
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
SUMMARY:
E:\FR\FM\18OCN1.SGM
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Federal Register / Vol. 83, No. 202 / Thursday, October 18, 2018 / Notices
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: MCPSD@dot.gov. If you have
questions on viewing or submitting
material to the docket, contact Docket
Services, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for
Comments
FMCSA encourages you to participate
by submitting comments and related
materials.
khammond on DSK30JT082PROD with NOTICES
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
VerDate Sep<11>2014
17:28 Oct 17, 2018
Jkt 247001
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 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,
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)).
PO 00000
Frm 00072
Fmt 4703
Sfmt 4703
52871
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-ofservice (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
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52872
Federal Register / Vol. 83, No. 202 / Thursday, October 18, 2018 / Notices
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.
khammond on DSK30JT082PROD with NOTICES
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 offsite 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.
VerDate Sep<11>2014
17:28 Oct 17, 2018
Jkt 247001
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
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2018–0235]
Hours of Service of Drivers: Wolfe
House Movers, LLC and Wolfe House
Movers of Indiana, LLC; Application for
Exemption
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of application for
exemption; request for comments.
AGENCY:
FMCSA announces that it has
received a joint application from Wolfe
House Movers, LLC and Wolfe House
Movers of Indiana, LLC (Wolfe)
requesting an exemption from the
hours-of-service (HOS) regulations for
drivers operating commercial motor
vehicles (CMV) that transport steel
beams and dollies to and from various
job sites for lifting and moving
buildings. Wolfe requests an exemption
to use the 70-hour/8-day rule for its
CMV operations although the company
does not operate CMVs 7 days a week.
FMCSA requests public comment on
this 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 Number FMCSA–
2018–0235 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. E.T., 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.
SUMMARY:
PO 00000
Frm 00073
Fmt 4703
Sfmt 4703
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,
please contact Ms. Pearlie Robinson,
FMCSA Driver and Carrier Operations
Division; Telephone: (202) 366–4225;
Email: MCPSD@dot.gov. If you have
questions on viewing or submitting
material to the docket, contact Docket
Services, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for
Comments
FMCSA encourages you to participate
by submitting comments and related
materials.
Submitting Comments
If you submit a comment, please
include the docket number for this
notice (FMCSA–2018–0235), 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 comment online, go to
www.regulations.gov and put the docket
number, ‘‘FMCSA–2018–0235’’ 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
E:\FR\FM\18OCN1.SGM
18OCN1
]]>Agencies
[Federal Register Volume 83, Number 202 (Thursday, October 18, 2018)]
[Notices]
[Pages 52870-52872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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
