Hours of Service of Drivers: Application for Exemption; Werner Enterprises, 40731-40733 [2020-14496]

Download as PDF Federal Register / Vol. 85, No. 130 / Tuesday, July 7, 2020 / Notices DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2020–0114] Hours of Service of Drivers: Application for Exemption; Werner Enterprises Federal Motor Carrier Safety Administration (FMCSA), Transportation (DOT). ACTION: Notice of final disposition; grant of exemption. AGENCY: The Federal Motor Carrier Safety Administration (FMCSA) announces its decision to grant Werner Enterprises’ (Werner) application for an exemption from the requirement that certain data fields be included in electronic records of duty status (RODS) files presented by electronic logging devices (ELDs). Due to incompatibility issues between Werner’s current ELD supplier and its new supplier, Platform Science, Werner requests that, during the first eight days that each of its drivers transitions to Platform Science, the company be permitted to leave blank five specific data fields in the RODS file. The Agency has determined that the limited exemption would likely achieve a level of safety equivalent to or greater than the level that would be obtained in the absence of the exemption. SUMMARY: This exemption is effective July 7, 2020 and expires July 7, 2021. 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. I. SUPPLEMENTARY INFORMATION: DATES: jbell on DSKJLSW7X2PROD with NOTICES 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–2020–0114’’ 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 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, VerDate Sep<11>2014 16:59 Jul 06, 2020 Jkt 250001 except Federal holidays. To be sure someone is there to help you, please call (202) 366–9317 or (202) 366–9826 before visiting Docket Operations. II. Legal Basis FMCSA has authority under 49 U.S.C. 31315(b) 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 On December 16, 2015 (80 FR 78292), FMCSA published a final rule requiring most drivers who are required to prepare hours-of-service (HOS) RODS to use ELDs instead of paper logs to document their RODS. The final rule also established minimum performance and technical design standards for ELDs. Appendix A to subpart B of 49 CFR part 395 (appendix A) provides requirements for data fields that must be included in electronic RODS files generated by ELDs. Generally, if more than one ELD is used to record a driver’s records, the ELD in the vehicle the driver most recently operates must produce a complete ELD report for the driver on demand, reflecting the current 24-hour period and the previous 7 consecutive days. IV. Werner’s Exemption Application Werner requests that during the first eight days that each of its drivers makes the transition from Werner’s current ELD supplier to its new supplier, Platform Science, five specific data PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 40731 fields required within the ELD Outputs, as listed in Section 4.8 of appendix A be excluded in the RODS files accessed through the in-cab ELD unit. The files generated by the current ELDs used by Werner include all the required information. The files generated by the Platform Science ELDs that Werner began using in 2020 include all the required information. Due to incompatibilities between Werner’s current ELD supplier and its new supplier, 5 data elements will not be available on the ELD during the transition, which will last no more than the first 8 days each driver uses the new ELD system. The affected fields in section 4.8 of appendix A are as follows: • Co-driver information; • Odometer Elapsed—vehicle elapsed miles/kilometers in given ignition power on cycle; • Engine Hours Elapsed—elapsed time of engine operation in the given ignition power on cycle; • Engine Hours Total—total engine hours at time of event; and • Odometer Total (decimal)—total at time of the event. Consequently, during the first eight days a driver is operating a Werner vehicle equipped with the new Platform Science ELD, the electronic RODS file accessible in the vehicle will not include the five data elements specified for the full required time prior to the installation of the new ELD; however, all other information needed to determine compliance with the HOS rules will be available. The inspector would review the electronic RODS via FMCSA’s eRODS software which would detect the missing data elements in the Platform Science ELD presentation of the previous eight days of RODS. This problem will affect Werner’s entire fleet which consists of roughly 10,000 drivers and 8,000 power units as the transition takes place. Werner notes that its drivers would have electronic RODS files available for review using FMCSA’s eRODS software providing accurate duty status information for the current day and the previous seven days at any inspection location. While the files would not include the five data elements listed, HOS information can still be verified at the roadside, and the information would be available for an on-site investigation conducted at a Werner facility. The remaining data elements would provide a means for identifying non-compliance with the underlying HOS requirements. Werner is requesting a one-year exemption to complete the transition. E:\FR\FM\07JYN1.SGM 07JYN1 40732 Federal Register / Vol. 85, No. 130 / Tuesday, July 7, 2020 / Notices V. Method To Ensure an Equivalent or Greater Level of Safety According to Werner’s application, ‘‘[p]aper logbooks can be lost, falsified, illegible, etc. We know due to our extensive log audit system, which includes 100% real-time monitoring of hours of service records, that the Omnitracs hours of service records are accurate. Having the ability to upload this electronic data for the 8 days preceding the transition to the new Platform Science system is a safer option for our drivers to prevent fatigue and helps roadside enforcement be assured that the information is accurate.’’ However, certain fields identified by Werner cannot be accurately transferred onto the new devices from its prior ELD data. A copy of the exemption application is included in the docket referenced at the beginning of this notice. VI. Public Comments On April 13, 2020 (85 FR 20566), FMCSA published a Federal Register notice requesting public comment on Werner’s exemption application. The Agency received 19 comments from the public, six in favor and 12 in opposition. The six supporters were: The American Trucking Associations (ATA), California Trucking Association, Commercial Vehicle Training Association (CVTA), Florida Trucking Association, Nebraska Trucking Association and Truckload Carriers Association. For example, ATA wrote: The application merely presents a specific means to allow the interoperability of two ELD systems—not to exempt its drivers from the broader ELD requirements that ATA has long supported. Consequently, ATA believes this application meets FMCSA’s requirement under 49 CFR 381.210(c)(4) to establish an equivalent or greater level of safety. As discussed, the application’s limited time and scope provide Werner with the flexibility its staff and engineers need to monitor fleet compliance with HOS rules. Werner’s desire to use RODS generated from an ELD—as compared to reverting to manually created paper records—will also undoubtedly eliminate the ability for falsification and inaccurate records. jbell on DSKJLSW7X2PROD with NOTICES CVTA said: For the reasons as outlined by the American Trucking Associations, Truckload Carriers Association, the Florida Trucking Association, California Trucking Association, and Nebraska Trucking Association, CVTA also believes that granting this exemption makes sense. Because we believe granting this exemption poses no risk to highway safety, we encourage the FMCSA to move forward and grant the application for exemption. VerDate Sep<11>2014 16:59 Jul 06, 2020 Jkt 250001 The 12 opponents were: Jesse Cole, Mark Rawn, Michael Groff, Larry Gump, Michael Glenn, George Thornton, David Battiest, Darrin Atkinson, Michael Crites, John Smith, John Haynes, and Caelan Helsel. Larry Gump stated, ‘‘[p]lease deny this request it is unnecessary and [sic] Werner can afford to ensure the fields are provided.’’ Mr. Michael Crites wrote, ‘‘[a]bsolutely no exemption should be granted to any carrier. Especially one that pushed for the ELD mandate. They need to be held responsible for not having their act together. If this was any other carrier they would be held liable. Many other outfits have done exactly what was required of them. This is a [multimillion] dollar company. They have no excuse for this.’’ VII. FMCSA Safety Analysis and Decision FMCSA has evaluated the application for exemption and the public comments submitted. Based on the information presented in Werner’s request, the Agency believes it is appropriate to grant the exemption covering the appendix A requirement for the specific data fields discussed above during the 8-day period following the installation of the Platform Science ELD. We have determined, as required by 49 U.S.C. 31315(b)(1) and the implementing regulations under 49 CFR part 381, that the exemption 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 exemption. From a safety equivalency perspective, all of Werner’s drivers would have electronic RODS files available for review at any inspection location using FMCSA’s eRODS software providing accurate duty status information for the current day and the previous seven days. While the files would not include the specific data elements discussed above, HOS information can still be verified at the roadside, and the information would be available for an on-site investigation conducted at a Werner facility. The remaining data elements would provide more than sufficient means for identifying non-compliance with the underlying hours-of-service requirements. For the reasons cited above, we grant Werner Enterprises a limited waiver from the appendix A requirements for the specific data elements listed above with terms and conditions provided below. PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 VIII. Terms and Conditions for the Exemption This exemption is limited to Section 4.8 of appendix A to subpart B of part 395 concerning the requirements for the following data fields in electronic RODS files generated by Omnitracs ELDs and retrieved via a Platform Science ELD: • Information to be included in the Print/Display as required by 4.8.1.3(b): Æ Co-Driver: Co-Driver’s Last Name, CoDriver’s First Name Æ Co-Driver ID: ELD username for the co-driver Æ Total Vehicle Miles Æ Total Engine Hours Æ Accumulated Vehicle Miles, and Æ Elapsed Engine Hours; • Co-driver information as required in 4.8.2.1.1 of the Header Segment; • ELD Event List records data elements required by 4.8.2.1.4 and the ELD Event Log List for the Unidentified Driver Profile 4.8.2.1.10: Æ Accumulated Vehicle Miles, and Æ Elapsed Engine Hours; • Data elements for Malfunction and Data Diagnostic Events 4.8.2.1.7, ELD Login/Logout Report 4.8.2.1.8 and CMV’s Power-Up and Shut Down Activity 4.8.2.1.9: Æ Total Vehicle Miles, and Æ Total Engine Hours. During the period of the exemption: 1. Werner must ensure that each of its drivers continues to use ELDs that meet all the technical specifications required by 49 CFR part 395; 2. Each driver operating under the exemption must maintain a copy of this notice and documentation of the date of installation of the Platform Science ELD to establish the 8-day period for which the exemption is applicable; 3. Werner must maintain all electronic files generated by Omnitracs ELDs for each of its drivers for at least 6 months from the date the records were created and ensure that each of those files contains all the data elements specified by Section 4.8 of appendix A to subpart B of part 395. Preemption of State Laws and Regulations During the period this exemption is in effect, no State shall enforce any law or regulation that conflicts with or is inconsistent with this exemption with respect to a firm or person operating under the exemption (49 U.S.C. 31315(d)). Notification to FMCSA Werner must notify FMCSA within 5 business days of any accident (as defined in 49 CFR 390.5), involving any of the motor carrier’s CMVs operating E:\FR\FM\07JYN1.SGM 07JYN1 Federal Register / Vol. 85, No. 130 / Tuesday, July 7, 2020 / Notices under the terms of this exemption. The notification must include the following information: (a) Identity of the exemption: ‘‘Werner Enterprises’’; (b) Name of operating motor carrier; (c) Date of the accident; (d) City or town, and State, in which the accident occurred, or closest to the accident scene; (e) Driver’s name and license number; (f) Vehicle number and State license number; (g) Number of individuals suffering physical injury; (h) Number of fatalities; (i) The police-reported cause of the accident; (j) Whether the driver was cited for violation of any traffic laws, motor carrier safety regulations; and (k) The driver’s total driving time and total on-duty time period prior to the accident. Reports filed under this provision shall be emailed to MCPSD@DOT.GOV. Termination FMCSA does not believe the drivers covered by this exemption will experience any deterioration of their safety record. Interested parties or organizations possessing information that would otherwise show that Werner is not achieving the requisite statutory level of safety should immediately notify FMCSA. The Agency will evaluate any information submitted and, if safety is being compromised or if the continuation of this exemption is inconsistent with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA will immediately take steps to revoke the exemption. James A. Mullen, Deputy Administrator. [FR Doc. 2020–14496 Filed 7–6–20; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2019–0113] Agency Information Collection Activities; Notice and Request for Comment; Vehicle Information for the General Public National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Notice and request for comments on a reinstatement of a previously approved collection of information. jbell on DSKJLSW7X2PROD with NOTICES AGENCY: VerDate Sep<11>2014 16:59 Jul 06, 2020 Jkt 250001 The National Highway Traffic Safety Administration (NHTSA) seeks public comment about our intention to request the Office of Management and Budget’s approval on the reinstatement of a previously approved information collection. Before a Federal agency can collect certain information from the public, it must receive approval from the Office of Management and Budget (OMB). Under procedures established by the Paperwork Reduction Act of 1995, before seeking OMB approval, Federal agencies must solicit public comment on proposed collections of information, including extensions and reinstatement of previously approved collections. This document describes one collection of information concerning vehicle safety features for consumer information purposes for which NHTSA intends to seek OMB approval (OMB Control number 2127– 0629). SUMMARY: Comments should be submitted on or before September 8, 2020. ADDRESSES: You may submit comments [identified by Docket No. NHTSA– 2019–0113] through one of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting comments. Mail: Docket Management Facility; M–30, U.S. Department of Transportation, West Building Ground Floor, Rm. W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. • Hand Delivery or Courier: West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590 between 9 a.m. and 5 p.m. Eastern Time, Monday through Friday, except Federal holidays. • Fax: (202) 493–2251. Regardless of how you submit your comments, please be sure to mention the docket number of this document and identify the proposed collection of information for which a comment is provided, by referencing its OMB clearance number. Note: All comments received will be posted without change to http:// www.regulations.gov, including any personal information provided. Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477–78). Docket: For access to the docket to read background documents or DATES: PO 00000 Frm 00114 Fmt 4703 Sfmt 4703 40733 comments received, go to http:// www.regulations.gov or the street address listed above. Follow the online instructions for accessing the dockets. FOR FURTHER INFORMATION CONTACT: Complete copies of each request for collection of information may be obtained at no charge from Ms. Johanna Lowrie, U.S. Department of Transportation, NHTSA, Room W43– 410, 1200 New Jersey Ave. SE, Washington, DC 20590. Ms. Lowrie’s telephone number is (202) 366–5269. Please identify the relevant collection of information by referring to its OMB Control Number. SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995, before an agency submits a proposed collection of information to OMB for approval, it must first publish a document in the Federal Register providing a 60-day comment period and otherwise consult with members of the public and affected agencies concerning each proposed collection of information. In compliance with these requirements, NHTSA asks for public comment on the following proposed collection of information: Title: Vehicle Information for the General Public. OMB Control Number: 2127–0629. Type of Request: Reinstatement of a previously approved collection. Type of Review Requested: Regular. Length of Approval Requested: Three Years. Abstract: NHTSA’s mission is to save lives, prevent injury, and reduce motor vehicle crashes. Consumer information programs are an important tool for improving vehicle safety through market forces. Pursuant to 49 U.S.C. 32302, the Secretary of Transportation (NHTSA by delegation) is directed to provide to the public the following information about passenger motor vehicles: Damage susceptibility; crashworthiness, crash avoidance, and any other areas the Secretary determines will improve safety of passenger motor vehicles; and the degree of difficulty of diagnosis and repair of damage to, or failure of, mechanical and electrical systems. For more than 40 years, under its New Car Assessment Program (NCAP), NHTSA has been providing consumers with vehicle safety information such as frontal and side crash results, crash avoidance performance test results, rollover propensity, and the availability of a wide array of safety features provided on new model year vehicles. Additionally, the agency uses this safety feature information when responding to consumer inquiries and analyzing rulemaking petitions and the regulatory E:\FR\FM\07JYN1.SGM 07JYN1

Agencies

[Federal Register Volume 85, Number 130 (Tuesday, July 7, 2020)]
[Notices]
[Pages 40731-40733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14496]



[[Page 40731]]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2020-0114]


Hours of Service of Drivers: Application for Exemption; Werner 
Enterprises

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), 
Transportation (DOT).

ACTION: Notice of final disposition; grant of exemption.

-----------------------------------------------------------------------

SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) 
announces its decision to grant Werner Enterprises' (Werner) 
application for an exemption from the requirement that certain data 
fields be included in electronic records of duty status (RODS) files 
presented by electronic logging devices (ELDs). Due to incompatibility 
issues between Werner's current ELD supplier and its new supplier, 
Platform Science, Werner requests that, during the first eight days 
that each of its drivers transitions to Platform Science, the company 
be permitted to leave blank five specific data fields in the RODS file. 
The Agency has determined that the limited exemption would likely 
achieve a level of safety equivalent to or greater than the level that 
would be obtained in the absence of the exemption.

DATES: This exemption is effective July 7, 2020 and expires July 7, 
2021.

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: [email protected]. If 
you have questions on viewing or submitting material to the docket, 
contact Docket Services, telephone (202) 366-9826.

I. SUPPLEMENTARY INFORMATION:

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-2020-0114'' 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 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. To be sure someone is 
there to help you, please call (202) 366-9317 or (202) 366-9826 before 
visiting Docket Operations.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31315(b) 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

    On December 16, 2015 (80 FR 78292), FMCSA published a final rule 
requiring most drivers who are required to prepare hours-of-service 
(HOS) RODS to use ELDs instead of paper logs to document their RODS. 
The final rule also established minimum performance and technical 
design standards for ELDs. Appendix A to subpart B of 49 CFR part 395 
(appendix A) provides requirements for data fields that must be 
included in electronic RODS files generated by ELDs. Generally, if more 
than one ELD is used to record a driver's records, the ELD in the 
vehicle the driver most recently operates must produce a complete ELD 
report for the driver on demand, reflecting the current 24-hour period 
and the previous 7 consecutive days.

IV. Werner's Exemption Application

    Werner requests that during the first eight days that each of its 
drivers makes the transition from Werner's current ELD supplier to its 
new supplier, Platform Science, five specific data fields required 
within the ELD Outputs, as listed in Section 4.8 of appendix A be 
excluded in the RODS files accessed through the in-cab ELD unit. The 
files generated by the current ELDs used by Werner include all the 
required information. The files generated by the Platform Science ELDs 
that Werner began using in 2020 include all the required information. 
Due to incompatibilities between Werner's current ELD supplier and its 
new supplier, 5 data elements will not be available on the ELD during 
the transition, which will last no more than the first 8 days each 
driver uses the new ELD system. The affected fields in section 4.8 of 
appendix A are as follows:
     Co-driver information;
     Odometer Elapsed--vehicle elapsed miles/kilometers in 
given ignition power on cycle;
     Engine Hours Elapsed--elapsed time of engine operation in 
the given ignition power on cycle;
     Engine Hours Total--total engine hours at time of event; 
and
     Odometer Total (decimal)--total at time of the event.
    Consequently, during the first eight days a driver is operating a 
Werner vehicle equipped with the new Platform Science ELD, the 
electronic RODS file accessible in the vehicle will not include the 
five data elements specified for the full required time prior to the 
installation of the new ELD; however, all other information needed to 
determine compliance with the HOS rules will be available. The 
inspector would review the electronic RODS via FMCSA's eRODS software 
which would detect the missing data elements in the Platform Science 
ELD presentation of the previous eight days of RODS. This problem will 
affect Werner's entire fleet which consists of roughly 10,000 drivers 
and 8,000 power units as the transition takes place.
    Werner notes that its drivers would have electronic RODS files 
available for review using FMCSA's eRODS software providing accurate 
duty status information for the current day and the previous seven days 
at any inspection location. While the files would not include the five 
data elements listed, HOS information can still be verified at the 
roadside, and the information would be available for an on-site 
investigation conducted at a Werner facility. The remaining data 
elements would provide a means for identifying non-compliance with the 
underlying HOS requirements. Werner is requesting a one-year exemption 
to complete the transition.

[[Page 40732]]

V. Method To Ensure an Equivalent or Greater Level of Safety

    According to Werner's application, ``[p]aper logbooks can be lost, 
falsified, illegible, etc. We know due to our extensive log audit 
system, which includes 100% real-time monitoring of hours of service 
records, that the Omnitracs hours of service records are accurate. 
Having the ability to upload this electronic data for the 8 days 
preceding the transition to the new Platform Science system is a safer 
option for our drivers to prevent fatigue and helps roadside 
enforcement be assured that the information is accurate.'' However, 
certain fields identified by Werner cannot be accurately transferred 
onto the new devices from its prior ELD data.
    A copy of the exemption application is included in the docket 
referenced at the beginning of this notice.

VI. Public Comments

    On April 13, 2020 (85 FR 20566), FMCSA published a Federal Register 
notice requesting public comment on Werner's exemption application. The 
Agency received 19 comments from the public, six in favor and 12 in 
opposition.
    The six supporters were: The American Trucking Associations (ATA), 
California Trucking Association, Commercial Vehicle Training 
Association (CVTA), Florida Trucking Association, Nebraska Trucking 
Association and Truckload Carriers Association. For example, ATA wrote:

    The application merely presents a specific means to allow the 
interoperability of two ELD systems--not to exempt its drivers from 
the broader ELD requirements that ATA has long supported. 
Consequently, ATA believes this application meets FMCSA's 
requirement under 49 CFR 381.210(c)(4) to establish an equivalent or 
greater level of safety. As discussed, the application's limited 
time and scope provide Werner with the flexibility its staff and 
engineers need to monitor fleet compliance with HOS rules. Werner's 
desire to use RODS generated from an ELD--as compared to reverting 
to manually created paper records--will also undoubtedly eliminate 
the ability for falsification and inaccurate records.

    CVTA said:

    For the reasons as outlined by the American Trucking 
Associations, Truckload Carriers Association, the Florida Trucking 
Association, California Trucking Association, and Nebraska Trucking 
Association, CVTA also believes that granting this exemption makes 
sense. Because we believe granting this exemption poses no risk to 
highway safety, we encourage the FMCSA to move forward and grant the 
application for exemption.

    The 12 opponents were: Jesse Cole, Mark Rawn, Michael Groff, Larry 
Gump, Michael Glenn, George Thornton, David Battiest, Darrin Atkinson, 
Michael Crites, John Smith, John Haynes, and Caelan Helsel. Larry Gump 
stated, ``[p]lease deny this request it is unnecessary and [sic] Werner 
can afford to ensure the fields are provided.'' Mr. Michael Crites 
wrote, ``[a]bsolutely no exemption should be granted to any carrier. 
Especially one that pushed for the ELD mandate. They need to be held 
responsible for not having their act together. If this was any other 
carrier they would be held liable. Many other outfits have done exactly 
what was required of them. This is a [multi-million] dollar company. 
They have no excuse for this.''

VII. FMCSA Safety Analysis and Decision

    FMCSA has evaluated the application for exemption and the public 
comments submitted.
    Based on the information presented in Werner's request, the Agency 
believes it is appropriate to grant the exemption covering the appendix 
A requirement for the specific data fields discussed above during the 
8-day period following the installation of the Platform Science ELD. We 
have determined, as required by 49 U.S.C. 31315(b)(1) and the 
implementing regulations under 49 CFR part 381, that the exemption 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 
exemption.
    From a safety equivalency perspective, all of Werner's drivers 
would have electronic RODS files available for review at any inspection 
location using FMCSA's eRODS software providing accurate duty status 
information for the current day and the previous seven days. While the 
files would not include the specific data elements discussed above, HOS 
information can still be verified at the roadside, and the information 
would be available for an on-site investigation conducted at a Werner 
facility. The remaining data elements would provide more than 
sufficient means for identifying non-compliance with the underlying 
hours-of-service requirements.
    For the reasons cited above, we grant Werner Enterprises a limited 
waiver from the appendix A requirements for the specific data elements 
listed above with terms and conditions provided below.

VIII. Terms and Conditions for the Exemption

    This exemption is limited to Section 4.8 of appendix A to subpart B 
of part 395 concerning the requirements for the following data fields 
in electronic RODS files generated by Omnitracs ELDs and retrieved via 
a Platform Science ELD:
     Information to be included in the Print/Display as 
required by 4.8.1.3(b):

[cir] Co-Driver: Co-Driver's Last Name, Co-Driver's First Name
[cir] Co-Driver ID: ELD username for the co-driver
[cir] Total Vehicle Miles
[cir] Total Engine Hours
[cir] Accumulated Vehicle Miles, and
[cir] Elapsed Engine Hours;

     Co-driver information as required in 4.8.2.1.1 of the 
Header Segment;
     ELD Event List records data elements required by 4.8.2.1.4 
and the ELD Event Log List for the Unidentified Driver Profile 
4.8.2.1.10:

[cir] Accumulated Vehicle Miles, and
[cir] Elapsed Engine Hours;
     Data elements for Malfunction and Data Diagnostic Events 
4.8.2.1.7, ELD Login/Logout Report 4.8.2.1.8 and CMV's Power-Up and 
Shut Down Activity 4.8.2.1.9:

[cir] Total Vehicle Miles, and
[cir] Total Engine Hours.
    During the period of the exemption:
    1. Werner must ensure that each of its drivers continues to use 
ELDs that meet all the technical specifications required by 49 CFR part 
395;
    2. Each driver operating under the exemption must maintain a copy 
of this notice and documentation of the date of installation of the 
Platform Science ELD to establish the 8-day period for which the 
exemption is applicable;
    3. Werner must maintain all electronic files generated by Omnitracs 
ELDs for each of its drivers for at least 6 months from the date the 
records were created and ensure that each of those files contains all 
the data elements specified by Section 4.8 of appendix A to subpart B 
of part 395.

Preemption of State Laws and Regulations

    During the period this exemption is in effect, no State shall 
enforce any law or regulation that conflicts with or is inconsistent 
with this exemption with respect to a firm or person operating under 
the exemption (49 U.S.C. 31315(d)).

Notification to FMCSA

    Werner must notify FMCSA within 5 business days of any accident (as 
defined in 49 CFR 390.5), involving any of the motor carrier's CMVs 
operating

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under the terms of this exemption. The notification must include the 
following information:
    (a) Identity of the exemption: ``Werner Enterprises'';
    (b) Name of operating motor carrier;
    (c) Date of the accident;
    (d) City or town, and State, in which the accident occurred, or 
closest to the accident scene;
    (e) Driver's name and license number;
    (f) Vehicle number and State license number;
    (g) Number of individuals suffering physical injury;
    (h) Number of fatalities;
    (i) The police-reported cause of the accident;
    (j) Whether the driver was cited for violation of any traffic laws, 
motor carrier safety regulations; and
    (k) The driver's total driving time and total on-duty time period 
prior to the accident.
    Reports filed under this provision shall be emailed to 
[email protected]

Termination

    FMCSA does not believe the drivers covered by this exemption will 
experience any deterioration of their safety record. Interested parties 
or organizations possessing information that would otherwise show that 
Werner is not achieving the requisite statutory level of safety should 
immediately notify FMCSA.
    The Agency will evaluate any information submitted and, if safety 
is being compromised or if the continuation of this exemption is 
inconsistent with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA will 
immediately take steps to revoke the exemption.

James A. Mullen,
Deputy Administrator.
[FR Doc. 2020-14496 Filed 7-6-20; 8:45 am]
BILLING CODE 4910-EX-P