Hours of Service of Drivers: Application for Exemption; Fiat Chrysler Automobiles (FCA), 15282-15283 [2019-07436]
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Federal Register / Vol. 84, No. 72 / Monday, April 15, 2019 / Notices
www.fmcsa.dot.gov/
insert.specific.link.when.finalized.
The exemption will be valid for 5
years unless rescinded earlier by
FMCSA. The exemption will be
rescinded if: (1) Motor carriers and/or
commercial motor vehicles fail to
comply with the terms and conditions
of the exemption; (2) the exemption has
resulted in a lower level of safety than
was maintained before it was granted; or
(3) continuation of the exemption would
not be consistent with the goals and
objectives of 49 U.S.C. 31136(e) and
31315(b).
Interested parties possessing
information that would demonstrate
that motor carriers using the alternate
cargo securement methods for the
securement of agricultural commodities
transported in wood and plastic boxes
and bins and large fiberglass tubs, and
hay, straw, and cotton bales that are
grouped together in large singular units,
are not achieving the requisite statutory
level of safety should immediately
notify FMCSA. The Agency will
evaluate any such information and, if
safety is being compromised or if the
continuation of the exemption is not
consistent with 49 U.S.C. 31136(e) and
31315(b), will take immediate steps to
revoke the exemption.
Preemption
In accordance with 49 U.S.C.
31315(d), as implemented by 49 CFR
381.600, during the period this
exemption is in effect, no State shall
enforce any law or regulation applicable
to interstate commerce that conflicts
with or is inconsistent with this
exemption with respect to a firm or
person operating under the exemption.
States may, but are not required to,
adopt the same exemption with respect
to operations in intrastate commerce.
Issued on: April 9, 2019.
Raymond P. Martinez,
Administrator.
[FR Doc. 2019–07437 Filed 4–12–19; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
amozie on DSK9F9SC42PROD with NOTICES
[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 final disposition;
denial of application for exemption.
AGENCY:
VerDate Sep<11>2014
17:16 Apr 12, 2019
Jkt 247001
FMCSA announces its
decision to deny the application of Fiat
Chrysler Automobiles (FCA) for an
exemption from the requirement that its
drivers use electronic logging devices
(ELDs) to record their hours of service
(HOS). FCA requested the exemption for
all its operators of commercial motor
vehicles (CMVs) including engineers,
technicians, and other drivers who
operate CMVs on public roads. FMCSA
analyzed the exemption application and
the single public comment submitted,
and has determined that the applicant
would not achieve a level of safety that
is equivalent to, or greater than, the
level that would be achieved absent the
exemption.
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:
SUMMARY:
Background
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.
FMCSA 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(a)).
The decision of the Agency must be
published in the Federal Register (49
CFR 381.315(b)) with the reason for the
grant or denial, and, if granted, the
specific person or class of persons
receiving the exemption, and the
regulatory provision or provisions from
which exemption is granted. The notice
must also specify the effective period of
the exemption (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
FCA’s commercial motor vehicles
(CMVs) include RAM trucks and other
product families, which, when
PO 00000
Frm 00109
Fmt 4703
Sfmt 4703
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 49 CFR parts
300–399, 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 fewer than 2,500 miles a 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 nonCMV 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 dynamic 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 devices
interfere with the ability of FCA’s data
loggers to capture high-speed data from
vehicle control modules and networks
for critical vehicle validation.
Furthermore, the devices cause the
logger to suspend all message
transmissions in error. As a result of its
E:\FR\FM\15APN1.SGM
15APN1
Federal Register / Vol. 84, No. 72 / Monday, April 15, 2019 / Notices
detailed investigations on this matter,
FCA has concluded that utilizing paper
records of duty status (RODS) and/or an
HOS compliance application other than
an ELD is the most effective and
accurate method of measuring and
reporting HOS in a manner compatible
with FCA’s 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.
A copy of FCA’s application for
exemption is available for review in the
docket for this notice.
amozie on DSK9F9SC42PROD with NOTICES
V. Public Comments
On October 18, 2018, FMCSA
published notice of this application and
requested public comment (83 FR
52870). The Agency received one
comment from an individual in
opposition to the FCA exemption
request. Excerpts from this comment
were as follows: ‘‘Fiat’s request creates
a growing burden on the FMCSA’s
partners that enforce the Federal Motor
Carrier Safety Regulations. Part
395.8(a)(1)(iii)(A)(1) has an exception
from the ELD and for a driver to use a
paper log for eight days in any 30-day
period. If the staff at Fiat is doing 80%–
90% of the work on its closed courses
where no log is required then the
exception in the regulation should be
more than sufficient, i.e., 80% of 31
days is 24.8 (25 days) meaning a driver
would use a paper log for six days
below the eight-day limit. . . .
[R]oadside officers must attempt to try
and keep track of the numerous
exemptions allowed by the
FMCSA. . . . The more exemptions
that exist decreases [sic] the public’s
safety as carriers abuse the safety
regulations. . . . Fiat could utilize the
exception in Part 395.8 and avoid
burdening the system with one
additional exemption. Fiat should have
to substantiate that utilization of the
exception in Part 395.8 is not
practicable and creates a significant
burden on the organization.’’
VI. FMCSA Decision
When FMCSA published the final
rule mandating ELDs, it relied upon
research indicating that the rule
improves CMV safety by improving
compliance with the HOS rules. The
rule also reduces the overall paperwork
burden for both motor carriers and
drivers.
In its application, FCA provides no
analysis of the safety performance of
VerDate Sep<11>2014
17:16 Apr 12, 2019
Jkt 247001
drivers who would operate using paper
RODS under the exemption. FCA
provides no analysis of how the risk of
fatigue and crashes while operating a
CMV without an ELD would be
equivalent to the risk posed by
operating a vehicle with one installed.
The FCA application does not
consider practical alternatives or
provide an analysis of the safety impacts
the requested exemption may cause. It
also does not provide countermeasures
to be undertaken to ensure that the
exemption would likely achieve a level
of safety equivalent to, or greater than,
the level that would be achieved by the
current regulation. Furthermore, based
on the information provided in their
application, FCA may qualify for the
general short-haul (8 days in 30)
exemption from ELDs. For these
reasons, FMCSA denies FCA’s request
for an exemption.
Issued on: April 8, 2019.
Raymond P. Martinez,
Administrator.
[FR Doc. 2019–07436 Filed 4–12–19; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2018–0347]
Commercial Driver’s License
Standards: Application for Exemption;
Navistar, Inc. (Navistar)
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition; grant
of application for exemption.
AGENCY:
FMCSA announces its
decision to grant an exemption to
Navistar, Inc. (Navistar) for a
commercial motor vehicle (CMV) driver
employed by its business partner MAN
Truck & Bus AG (MAN) of Munich,
Germany. Navistar requested an
exemption for Mr. Jerome Douay, a
Product Engineer Senior Manager with
MAN. He holds a valid German
commercial license. MAN is partnering
with Navistar to help develop
technology advancements in fuel
economy and emissions reductions. Mr.
Douay wants to test drive Navistar
vehicles on U.S. roads to better
understand product requirements in
‘‘real world’’ environments, and verify
results. Navistar believes the
requirements for a German commercial
license ensure that operation under the
exemption will likely achieve a level of
safety equivalent to or greater than the
SUMMARY:
PO 00000
Frm 00110
Fmt 4703
Sfmt 4703
15283
level that would be obtained in the
absence of the exemption.
DATES: This exemption is effective April
15, 2019 and expires April 15, 2024.
ADDRESSES:
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 Federal Docket
Management System (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: Ms.
Pearlie Robinson, FMCSA Driver and
Carrier Operations Division; Office of
Carrier, Driver and Vehicle Safety
Standards; Telephone: 202–366–4325.
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
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
www.regulations.gov and insert the
docket number, ‘‘FMCSA–2018–0347 in
the ‘‘Keyword’’ box and click ‘‘Search.’’
Next, click the ‘‘Open Docket Folder’’
button and choose the document to
review. If you do not have access to the
internet, you may view the docket
online by visiting the Docket
Management Facility in Room W12–140
on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE,
Washington, DC 20590, between 9 a.m.
and 5 p.m., e.t., Monday through Friday,
except Federal holidays.
II. Legal Basis
FMCSA has authority under 49 U.S.C.
31136(e) and 31315 to grant exemptions
from the Federal Motor Carrier Safety
Regulations. 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
E:\FR\FM\15APN1.SGM
15APN1
]]>Agencies
[Federal Register Volume 84, Number 72 (Monday, April 15, 2019)]
[Notices]
[Pages 15282-15283]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07436]
-----------------------------------------------------------------------
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 final disposition; denial of application for
exemption.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to deny the application of Fiat
Chrysler Automobiles (FCA) for an exemption from the requirement that
its drivers use electronic logging devices (ELDs) to record their hours
of service (HOS). FCA requested the exemption for all its operators of
commercial motor vehicles (CMVs) including engineers, technicians, and
other drivers who operate CMVs on public roads. FMCSA analyzed the
exemption application and the single public comment submitted, and has
determined that the applicant would not achieve a level of safety that
is equivalent to, or greater than, the level that would be achieved
absent the exemption.
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:
Background
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.
FMCSA 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(a)). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)) with the reason for the grant or denial, and, if granted,
the specific person or class of persons receiving the exemption, and
the regulatory provision or provisions from which exemption is granted.
The notice must also specify the effective period of the exemption (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
FCA's commercial motor vehicles (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 49
CFR parts 300-399, 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 fewer than 2,500 miles a 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 dynamic 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 devices interfere with the ability of
FCA's data loggers to capture high-speed data from vehicle control
modules and networks for critical vehicle validation. Furthermore, the
devices cause the logger to suspend all message transmissions in error.
As a result of its
[[Page 15283]]
detailed investigations on this matter, FCA has concluded that
utilizing paper records of duty status (RODS) and/or an HOS compliance
application other than an ELD is the most effective and accurate method
of measuring and reporting HOS in a manner compatible with FCA's 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.
A copy of FCA's application for exemption is available for review
in the docket for this notice.
V. Public Comments
On October 18, 2018, FMCSA published notice of this application and
requested public comment (83 FR 52870). The Agency received one comment
from an individual in opposition to the FCA exemption request. Excerpts
from this comment were as follows: ``Fiat's request creates a growing
burden on the FMCSA's partners that enforce the Federal Motor Carrier
Safety Regulations. Part 395.8(a)(1)(iii)(A)(1) has an exception from
the ELD and for a driver to use a paper log for eight days in any 30-
day period. If the staff at Fiat is doing 80%-90% of the work on its
closed courses where no log is required then the exception in the
regulation should be more than sufficient, i.e., 80% of 31 days is 24.8
(25 days) meaning a driver would use a paper log for six days below the
eight-day limit. . . . [R]oadside officers must attempt to try and keep
track of the numerous exemptions allowed by the FMCSA. . . . The more
exemptions that exist decreases [sic] the public's safety as carriers
abuse the safety regulations. . . . Fiat could utilize the exception in
Part 395.8 and avoid burdening the system with one additional
exemption. Fiat should have to substantiate that utilization of the
exception in Part 395.8 is not practicable and creates a significant
burden on the organization.''
VI. FMCSA Decision
When FMCSA published the final rule mandating ELDs, it relied upon
research indicating that the rule improves CMV safety by improving
compliance with the HOS rules. The rule also reduces the overall
paperwork burden for both motor carriers and drivers.
In its application, FCA provides no analysis of the safety
performance of drivers who would operate using paper RODS under the
exemption. FCA provides no analysis of how the risk of fatigue and
crashes while operating a CMV without an ELD would be equivalent to the
risk posed by operating a vehicle with one installed.
The FCA application does not consider practical alternatives or
provide an analysis of the safety impacts the requested exemption may
cause. It also does not provide countermeasures to be undertaken to
ensure that the exemption would likely achieve a level of safety
equivalent to, or greater than, the level that would be achieved by the
current regulation. Furthermore, based on the information provided in
their application, FCA may qualify for the general short-haul (8 days
in 30) exemption from ELDs. For these reasons, FMCSA denies FCA's
request for an exemption.
Issued on: April 8, 2019.
Raymond P. Martinez,
Administrator.
[FR Doc. 2019-07436 Filed 4-12-19; 8:45 am]
BILLING CODE 4910-EX-P
