Hours of Service; United Parcel Service Inc.; Application for Exemption Renewal, 64837-64840 [2022-23312]
Download as PDF
<![CDATA[
lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 87, No. 206 / Wednesday, October 26, 2022 / Notices
Inclusion on USMCA Chapter 10
Roster.’’ Applications should include
the following information, and each
section of the application should be
numbered as indicated:
1. Name of the applicant.
2. Business address, telephone
number, fax number, and email address.
3. Citizenship(s).
4. Current employment, including
title, description of responsibility, and
name and address of employer.
5. Relevant education and
professional training.
6. Spanish language fluency, written
and spoken.
7. Post-education employment
history, including the dates and
addresses of each prior position and a
summary of responsibilities.
8. Relevant professional affiliations
and certifications, including, if any,
current bar memberships in good
standing.
9. A list and copies of publications,
testimony, and speeches, if any,
concerning AD/CVD law. Judges or
former judges should list relevant
judicial decisions. Submit only one
copy of publications, testimony,
speeches, and decisions.
10. Summary of any current and past
employment by, or consulting or other
work for, the Governments of the United
States, Canada, or Mexico.
11. The names and nationalities of all
foreign principals for whom the
applicant is currently or has previously
been registered pursuant to the Foreign
Agents Registration Act, 22 U.S.C. 611
et seq., and the dates of all registration
periods.
12. List of proceedings brought under
U.S., Canadian, or Mexican AD/CVD
law regarding imports of U.S., Canadian,
or Mexican products in which the
applicant advised or represented (for
example, as consultant or attorney) any
U.S., Canadian, or Mexican party to
such proceeding and, for each such
proceeding listed, the name and country
of incorporation of such party.
13. A short statement of qualifications
and availability for service on Chapter
10 panels, including information
relevant to the applicant’s familiarity
with international trade law and
willingness and ability to make time
commitments necessary for service on
panels.
14. On a separate page, the names,
addresses, telephone and fax numbers of
three individuals willing to provide
information concerning the applicant’s
qualifications for service, including the
applicant’s character, reputation,
reliability, judgment, and familiarity
with international trade law.
VerDate Sep<11>2014
17:37 Oct 25, 2022
Jkt 259001
G. Current Roster Members and Prior
Applicants
Current members of the Chapter 10
roster who remain interested in
inclusion on the Chapter 10 roster only
need to indicate that they are reapplying
and submit updates (if any) to their
applications on file. Current members
do not need to resubmit their
applications. Individuals who
previously have applied but have not
been selected must submit new
applications to reapply. If an applicant,
including a current or former roster
member, has previously submitted
materials referred to in item 9, such
materials need not be resubmitted.
H. Public Disclosure
Applications are covered by a Privacy
Act System of Records Notice and are
not subject to public disclosure and will
not be posted publicly on regs.gov. They
may be referred to other federal agencies
and Congressional committees in the
course of determining eligibility for the
roster, and shared with foreign
governments and the USMCA
Secretariat in the course of panel
selection.
I. False Statements
False statements by applicants
regarding their personal or professional
qualifications, or financial or other
relevant interests that bear on the
applicants’ suitability for placement on
the Chapter 10 roster or for appointment
to binational panels, are subject to
criminal sanctions under 18 U.S.C.
1001.
Juan Millan,
Assistant United States Trade Representative
for Monitoring and Enforcement, Office of
the United States Trade Representative.
[FR Doc. 2022–23261 Filed 10–25–22; 8:45 am]
BILLING CODE 3390–F3–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2017–0054]
Hours of Service; United Parcel
Service Inc.; Application for Exemption
Renewal
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of provisional renewal of
exemption; request for comments.
AGENCY:
FMCSA announces its
decision to provisionally renew a
United Parcel Service, Inc. (UPS)
exemption from various provisions of
SUMMARY:
PO 00000
Frm 00084
Fmt 4703
Sfmt 4703
64837
the mandate to use electronic logging
devices (ELD). FMCSA previously
granted the exemption to allow (1) all
motor carriers and drivers that use
portable, driver-based ELDs to record
engine data only when the driver is in
a commercial motor vehicle (CMV) and
the engine is powered, and (2) all motor
carriers to configure an ELD with a yardmove mode that does not require a
driver to re-input yard-move status
every time the tractor is powered off.
The Agency has determined that
renewal of the temporary exemption
would not have an adverse impact on
safety, and that a level of safety
equivalent to or greater than that
provided by the regulation would be
maintained. The exemption renewal is
for 5 years.
DATES: This renewed exemption is
effective October 21, 2022 and expires
on October 21, 2027. Comments must be
received on or before November 25,
2022.
You may submit comments
identified by Federal Docket
Management System (FDMS) Number
FMCSA–2017–0054 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: Dockets Operations, 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: (202) 493–2251.
Each submission must include the
Agency name and the docket number
(FMCSA–2017–0054) 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. To be sure someone is there to
help you, please call (202) 366–9317 or
(202) 366–9826 before visiting Dockets
Operations.
Privacy Act: In accordance with 49
U.S.C. 31315(b), DOT solicits comments
ADDRESSES:
E:\FR\FM\26OCN1.SGM
26OCN1
64838
Federal Register / Vol. 87, No. 206 / Wednesday, October 26, 2022 / Notices
from the public to better inform its
exemption 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 https://
www.transportation.gov/privacy, the
comments are searchable by the name of
the submitter.
Mr.
Luke Loy, Vehicle and Roadside
Operations Division; Office of Carrier,
Driver and Vehicle Safety Standards,
FMCSA, at (202) 366–0676 or by email
at luke.loy@dot.gov. If you have
questions on viewing or submitting
material to the docket, contact Dockets
Operations at (202) 366–9826.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for
Comments
FMCSA encourages you to participate
by submitting comments and related
materials.
lotter on DSK11XQN23PROD with NOTICES1
Submitting Comments
If you submit a comment, please
include the docket number for this
notice (FMCSA–2017–0054), 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 enter the
docket number (‘‘FMCSA–2017–0054’’)
in the ‘‘Keyword’’ box, then click
‘‘Search.’’ When the new screen
appears, click on the ‘‘Comment’’ 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.
VerDate Sep<11>2014
17:37 Oct 25, 2022
Jkt 259001
II. Legal Basis
FMCSA has authority under 49 U.S.C.
31136(e) and 31315(b)(2) and 49 CFR
381.300(b) to renew an exemption from
the Federal Motor Carrier Safety
Regulations (FMCSRs) for a 5-year
period if it finds ‘‘such exemption
would likely achieve a level of safety
that is equivalent to, or greater than, the
level that would be achieved absent
such exemption.’’ UPS has requested a
five-year extension of the current
exemption in Docket No. FMCSA–2017–
0054.
III. Background
Current Regulatory Requirements
Section 395.26(b) of title 49 of the
Code of Federal Regulations requires an
ELD to automatically record the
following data elements; (1) Date; (2)
Time; (3) CMV geographic location
information; (4) Engine hours; (5)
Vehicle miles; (6) Driver or
authenticated user identification; (7)
Vehicle identification data; and (8)
Motor carrier identification data. In
addition, an ELD is required to
automatically record a number of the
data elements specified above at certain
events, to include (1) when a driver
indicates a change of duty status under
section 395.24(b) (see section 395.26(c)),
and (2) when an authorized user logs
into or out of an ELD (see section
395.26(g)).
Section 395.28(a) of title 49 of the
Code of Federal Regulations permits a
motor carrier to configure an ELD to
authorize a driver to indicate that the
driver is operating a CMV under certain
special driving categories, including (1)
authorized personal use, and (2) yard
moves. Section 395.28(a)(2) requires a
driver to select the applicable special
driving category on the ELD before
starting operations in that status, and to
deselect it when the indicated status
ends. Section 4.3.2.2.2(e) of appendix A
to subpart B of part 395 requires a driver
to select the applicable special driving
category on the ELD before starting
operations in that status, and to deselect
it when the indicated status ends.
Section 4.3.2.2.2(e) of appendix A to
subpart B of part 395 requires a driver
to reset the yard-move status to ‘‘none’’
if the ELD or CMV’s engine goes through
a power-off cycle (ELD or CMV’s engine
turns off and then on).
Original Exemption and Application for
Renewal of Exemption
In 2017, FMCSA granted a five-year
exemption to UPS and all motor carriers
and drivers from two provisions of the
FMCSRs under specified terms and
conditions (82 FR 48883, Oct. 20, 2017).
PO 00000
Frm 00085
Fmt 4703
Sfmt 4703
The exemption expires on October 20,
2022. The exemption allows CMV
drivers using portable electronic ELDs
to manually record data that would
otherwise be required to be
automatically recorded when a driver
indicates a change of duty status or logs
in or out of an ELD (49 CFR 395.26(c)
and 395.26(g)). Under the exemption,
those requirements do not apply to a
driver using a portable ELD unless the
driver is in the CMV with the engine
powered. The exemption also allows
motor carriers to configure their ELD
devices so that a driver can enter yard
moves under 49 CFR 395.38(a)(1)(ii)
without complying with section
4.3.2.2.2(e) of appendix A to subpart B
of part 395 which requires a driver’s
yard move status to re-set to ‘‘none’’ if
the ELD or CMV’s engine goes through
a power-off cycle or the CMV’s engine
turns off then on.
UPS requested renewal of the
exemption on the same basis as stated
in its original application, noting that
the conditions which necessitated the
exemption still exist, and that it has
safeguards in place to ensure an
equivalent level of safety. For example,
regarding the automatic recording of
data elements portion of the exemption,
UPS stated that its drivers are generally
hourly drivers and use portable ELD
devices and perform a significant
amount of work outside of the CMV.
UPS also noted that drivers generally
use the ELD device to ‘‘punch in’’ while
they are still in the building and then
remain on the clock and logged in after
they leave the CMV until they return to
the dispatch office. Automatic logging of
events is not practicable for drivers
using portable EDLs because the ELD
device is not synchronized to the
engine’s electronic control module
(ECM) when the driver is outside the
CMV. UPS notes that renewal of the
exemption would provide an equivalent
level of safety because there will be no
impact on recording driving time and
the data elements that will not be
automatically recorded by the ELD at a
change in duty status or log on/log out
while away from the CMV are not
critical provided the driver properly
annotates the ELD record to indicate the
proper duty status as required by the
regulation and the exemption.
Regarding the yard moves portion of
the exemption, UPS noted that its feeder
drivers are required to complete yard
moves as part of their scheduled work
and that the drivers can be assigned
yard duty for a portion of their shift
which may require moving as many as
10 loads per hour within the yard. UPS
noted that as a safety precaution its
drivers are required to remove the keys
E:\FR\FM\26OCN1.SGM
26OCN1
Federal Register / Vol. 87, No. 206 / Wednesday, October 26, 2022 / Notices
lotter on DSK11XQN23PROD with NOTICES1
from the CMV each time they exit and
that the driver will power the tractor
down to couple and uncouple a trailer.
UPS stated that an average UPS site has
over 90 drivers with the majority
completing several yard moves a day.
Complying with the specifications in
4.3.2.2.2(d) of appendix A to subpart B
of part 395, would require them to enter
manual changes of duty status as many
as 20 times in an hour. UPS estimated
that use of the current exemption has
resulted in significant cost savings to it
without any degradation in safety. It
notes that by continuing to comply with
the conditions of the original exemption
motor carriers using this exemption will
ensure that the ‘‘yard move’’ mode is
properly reserved for yard moves and
that an equivalent level of safety will be
achieved. A copy of UPS’ application to
renew the exemption is included in the
docket referenced at the beginning of
this notice.
IV. Equivalent Level of Safety
In its 2017 decision approving the
original exemption application, FMCSA
noted that the December 2015 ELD final
rule (80 FR 78292) provides a
performance-based standard for ELDs
and that motor carriers may select from
a wide variety of ELDs within the
marketplace of ELD providers. This
includes the type of portable ELD units
used by UPS.
The ELD functions required by the
ELD rule are limited to automatically
recording all driving time, and
intermittently recording certain other
information—including recording
specified data elements when a driver
changes duty status (section 395.26(c))
and logs in/logs out of an ELD (section
395.26(g)). For ELDs that are physically
installed in a vehicle, drivers typically
log in/log out of the ELD or change duty
status while the vehicle is powered, and
the required data elements in section
395.26 are readily recorded by the ELD
because the ELD is synchronized with
the engine’s ECM.
However, in situations where a driver
is using a portable, driver-based ELD, a
driver will typically log in/log out or
change duty status in the ELD at a
location away from the vehicle (i.e., in
the dispatch office as described by
UPS), prior to preparing to drive the
vehicle and without the vehicle being
powered. In these situations, FMCSA
determined that it is not practicable for
the ELD to automatically record the data
elements required by section 395.26(c)
and section 395.26(g), as the ELD is not
synchronized with the engine’s ECM at
that point. In the final ELD rule, FMCSA
stated ‘‘FMCSA clarifies that the ECM
data or ECM connectivity data must
VerDate Sep<11>2014
17:37 Oct 25, 2022
Jkt 259001
only be captured when the engine is
powered, but the ELD is not prohibited
from recording information, if desired,
when the engine is off.’’
Based on the above, FMCSA
determines that it is not necessary for
portable, driver-based ELDs to record
the data elements required in section
395.26(c) and section 395.26(g) when
the driver is not in the CMV, with the
engine powered. In instances where a
driver using a portable, driver-based
ELD logs in/logs out or changes duty
status away from the vehicle and
without the vehicle powered, the driver
will simply annotate the ELD record to
indicate the appropriate duty status in
accordance with section 395.30. Any
time the driver is in the vehicle and the
vehicle is powered, the portable, driverbased ELD is required to automatically
record the data elements specified in
section 395.26. FMCSA agreed that
safety would not be diminished because
(1) there will be no impact on the
recordation of driving time, and (2) the
data elements that will not be recorded
by the ELD at a change of duty status or
log on/log out of the ELD while away
from the vehicle are not critical if the
driver properly annotates the ELD
record to indicate the proper duty status
as required.
FMCSA agrees that permitting all
motor carriers to configure ELDs with a
yard-move mode that does not require a
driver to re-input yard move status
every time the tractor is powered off
will ensure that drivers operating under
the yard-move status will achieve a
level of safety that is equivalent to or
greater than the level that would be
obtained under the regulation. Allowing
multiple power-off cycles for yard
moves is consistent with what is
currently permitted for the other special
driving category, personal conveyance.
In its application for renewal, UPS
states that it has not discovered any
safety issues while operating under the
exemption and that it will continue to
monitor its safety data. FMCSA is
unaware of any evidence of a
degradation of safety attributable to the
current exemption for UPS or any other
motor carriers and drivers. FMCSA
concludes that provisionally extending
the exemption granted on October 20,
2017, for another five years, under the
terms and conditions in this exemption
renewal, will likely achieve a level of
safety that is equivalent to, or greater
than, the level of safety achieved
without the exemption.
PO 00000
Frm 00086
Fmt 4703
Sfmt 4703
64839
V. Exemption Renewal Decision
A. Grant of Exemption Renewal
FMCSA provisionally renews the
exemption for a period of five years
subject to the terms and conditions of
this decision and the absence of public
comments that would cause the Agency
to terminate the exemption under
section V.F. below. This exemption
renewal is otherwise effective October
21, 2022, through October 21, 2027,
11:59 p.m. local time, unless renewed or
rescinded.
B. Applicability of Exemption
The exemption allows (1) all motor
carriers and drivers that use portable,
driver-based ELDs to record engine data
only when the driver is in a CMV and
the engine is powered, and (2) all motor
carriers to configure an ELD with a yardmove mode that does not require a
driver to re-input yard-move status
every time the tractor is powered off.
C. Terms and Conditions
When operating under this
exemption, motor carriers and drivers
are subject to the following terms and
conditions:
(1.) All motor carriers and drivers
using portable, driver-based ELDs are
exempt from the requirements of section
395.26(c) and section 395.26(g) unless
the driver is in the CMV with the engine
powered. When a driver using a
portable, driver-based ELD changes duty
status or logs in/logs out of the ELD
away from the vehicle and without the
vehicle powered, the driver is required
to annotate the ELD record to indicate
the appropriate duty status in
accordance with section 395.30. When
the driver is in the CMV, and the CMV
is powered, the portable, driver-based
ELD is required to automatically record
the data elements specified in section
395.26.
(2.) A motor carrier is permitted to
configure an ELD so that a driver can
select ‘‘yard moves’’ in accordance with
section 395.28(a)(1)(ii) without
complying with section 4.3.2.2.2(e) of
aAppendix A to subpart B of part 395,
which requires a driver’s yard-move
status to reset to none if the ELD or
CMV’s engine goes through a power-off
cycle (ELD or CMV’s engine turns off
and then on).
However, the ELD must switch from
‘‘yard move’’ status to ‘‘driving’’ status
if (1) the driver inputs the ‘‘driving’’
mode; (2) the vehicle exceeds a speed of
20 mph; or (3) the vehicle exits a geofenced motor carrier facility. For the
reasons discussed above, FMCSA
believes that the level of safety that will
be achieved with the exemptions will
E:\FR\FM\26OCN1.SGM
26OCN1
64840
Federal Register / Vol. 87, No. 206 / Wednesday, October 26, 2022 / Notices
likely be equivalent to, or greater than,
the level of safety achieved without the
exemptions.
(3.) Motor carriers and drivers must
comply with all other applicable
Federal Motor Carrier Safety
Regulations (49 CFR part 350–399).
(4.) The drivers must provide this
exemption document to enforcement
officials upon request.
D. 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 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.
E. Notification to FMCSA
All motor carriers and drivers must
notify FMCSA within 5 business days of
any crash (as defined in 49 CFR 390.5)
involving any of its CMVs operating
under the terms of this exemption. The
notification must include the following
information:
(a) Name of the exemption: ‘‘UPS
Renewal 2022’’;
(b) Date of the crash;
(c) City or town, and State, in which
the crash occurred, or closest to the
crash scene;
(d) Driver’s name and license number;
(e) Vehicle number and State license
number;
(f) Number of individuals suffering
physical injury;
(g) Number of fatalities;
(h) The police-reported cause of the
crash;
(i) Whether the driver was cited for
violation of any traffic laws, motor
carrier safety regulations;
(j) A copy of the accident report, if
available; and
(k) The driver’s total driving time and
total on-duty time prior to the crash.
Reports filed under this provision
shall be emailed to MCPSV@DOT.GOV.
lotter on DSK11XQN23PROD with NOTICES1
F. Termination
17:37 Oct 25, 2022
VI. Request for Comments
In accordance with 49 U.S.C.
31315(b), FMCSA requests public
comment from all interested persons on
UPS, Inc.’s application for renewal of
the exemption to allow (1) all motor
carriers and drivers that use portable,
driver-based ELDs to record engine data
only when the driver is in a CMV and
the engine is powered, and (2) all motor
carriers to configure an ELD with a yardmove mode that does not require a
driver to re-input yard-move status
every time the tractor is powered off. All
comments received before the close of
business on the comment closing date
indicated at the beginning of this notice
will be considered and will be available
for examination in the docket at the
location listed under the Addresses
section of this notice. Comments
received after the comment closing date
will be filed in the public docket and
will be considered to the extent
practicable. In addition to late
comments, FMCSA will also continue to
file, in the public docket, relevant
information that becomes available after
the comment closing date. Interested
persons should continue to examine the
public docket for new material.
Robin Hutcheson,
Administrator.
[FR Doc. 2022–23312 Filed 10–25–22; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Jkt 259001
[Docket No. FMCSA–2022–0209]
Women of Trucking Advisory Board
(WOTAB); Notice of Public Meeting
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of public meeting.
AGENCY:
The FMCSA announces a
meeting of the WOTAB.
DATES: The meeting will be held on
Wednesday, November 9, 2022, from
9:30 a.m. to 4:30 p.m. ET. Requests for
accommodations for a disability must be
received by Wednesday, November 2,
2022. Requests to submit written
materials for consideration during the
meeting must be received no later than
Wednesday, November 2, 2022.
ADDRESSES: The meeting will be held
virtually for its entirety. Please register
PO 00000
Frm 00087
Fmt 4703
Sfmt 4703
in advance of the meeting at
www.fmcsa.dot.gov/wotab. Copies of
WOTAB task statements and an agenda
for the entire meeting will be made
available at www.fmcsa.dot.gov/wotab at
least 1 week in advance of the meeting.
Once approved, copies of the meeting
minutes will be available at the website
following the meeting. You may visit
the WOTAB website at
www.fmcsa.dot.gov/wotab for further
information on the committee and its
activities.
Ms.
Shannon L. Watson, Designated Federal
Officer, WOTAB, FMCSA, 1200 New
Jersey Avenue SE, Washington, DC
20590, (202) 360–2925, wotab@dot.gov.
Any committee-related request should
be sent to the person listed in this
section.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Background
WOTAB was created under the
Federal Advisory Committee Act
(FACA) in accordance with section
23007(d)(1) of the Bipartisan
Infrastructure Law (BIL) (Pub. L. 117–
58), which requires FMCSA to establish
WOTAB. WOTAB will review and
report on policies that provide
education, training, mentorship, and
outreach to women in the trucking
industry and identify barriers and
industry trends that directly or
indirectly discourage women from
pursuing and retaining careers in
trucking.
WOTAB operates in accordance with
FACA under the terms of the WOTAB
charter, filed February 11, 2022.
II. Agenda
Federal Motor Carrier Safety
Administration
SUMMARY:
FMCSA does not believe that UPS and
other motor carriers and drivers covered
by this exemption renewal will
experience any deterioration of their
safety record. The exemption will be
rescinded if: (1) motor carriers and
drivers operating under the exemption
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
VerDate Sep<11>2014
exemption would not be consistent with
the goals and objects of 49 U.S.C.
31136(e) and 31315.
The agenda will cover the following
topics:
• An ethics briefing for WOTAB
members;
• A report by FMCSA’s Office of
Research on the results of ‘‘Crime
Prevention for Truckers’’, a study of
women and other CMV drivers and their
safety on the road, followed by a
discussion;
• Other speakers who may share
insights into what WOTAB’s
establishment means to them.
III. Public Participation
The meeting will be open to the
public via virtual platform. Advance
registration via the website is
encouraged.
DOT is committed to providing equal
access to this meeting for all
participants. If you need alternative
formats or services due to a disability,
such as sign language interpretation or
E:\FR\FM\26OCN1.SGM
26OCN1
]]>Agencies
[Federal Register Volume 87, Number 206 (Wednesday, October 26, 2022)]
[Notices]
[Pages 64837-64840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23312]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2017-0054]
Hours of Service; United Parcel Service Inc.; Application for
Exemption Renewal
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of provisional renewal of exemption; request for
comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to provisionally renew a United
Parcel Service, Inc. (UPS) exemption from various provisions of the
mandate to use electronic logging devices (ELD). FMCSA previously
granted the exemption to allow (1) all motor carriers and drivers that
use portable, driver-based ELDs to record engine data only when the
driver is in a commercial motor vehicle (CMV) and the engine is
powered, and (2) all motor carriers to configure an ELD with a yard-
move mode that does not require a driver to re-input yard-move status
every time the tractor is powered off. The Agency has determined that
renewal of the temporary exemption would not have an adverse impact on
safety, and that a level of safety equivalent to or greater than that
provided by the regulation would be maintained. The exemption renewal
is for 5 years.
DATES: This renewed exemption is effective October 21, 2022 and expires
on October 21, 2027. Comments must be received on or before November
25, 2022.
ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Number FMCSA-2017-0054 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: Dockets Operations, 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: (202) 493-2251.
Each submission must include the Agency name and the docket number
(FMCSA-2017-0054) 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. To be sure someone is there to help you,
please call (202) 366-9317 or (202) 366-9826 before visiting Dockets
Operations.
Privacy Act: In accordance with 49 U.S.C. 31315(b), DOT solicits
comments
[[Page 64838]]
from the public to better inform its exemption 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 https://www.transportation.gov/privacy, the comments are searchable by the name
of the submitter.
FOR FURTHER INFORMATION CONTACT: Mr. Luke Loy, Vehicle and Roadside
Operations Division; Office of Carrier, Driver and Vehicle Safety
Standards, FMCSA, at (202) 366-0676 or by email at [email protected]. If
you have questions on viewing or submitting material to the docket,
contact Dockets Operations at (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-2017-0054), 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 enter
the docket number (``FMCSA-2017-0054'') in the ``Keyword'' box, then
click ``Search.'' When the new screen appears, click on the ``Comment''
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.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b)(2) and 49
CFR 381.300(b) to renew an exemption from the Federal Motor Carrier
Safety Regulations (FMCSRs) for a 5-year period if it finds ``such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption.'' UPS has requested a five-year extension of the current
exemption in Docket No. FMCSA-2017-0054.
III. Background
Current Regulatory Requirements
Section 395.26(b) of title 49 of the Code of Federal Regulations
requires an ELD to automatically record the following data elements;
(1) Date; (2) Time; (3) CMV geographic location information; (4) Engine
hours; (5) Vehicle miles; (6) Driver or authenticated user
identification; (7) Vehicle identification data; and (8) Motor carrier
identification data. In addition, an ELD is required to automatically
record a number of the data elements specified above at certain events,
to include (1) when a driver indicates a change of duty status under
section 395.24(b) (see section 395.26(c)), and (2) when an authorized
user logs into or out of an ELD (see section 395.26(g)).
Section 395.28(a) of title 49 of the Code of Federal Regulations
permits a motor carrier to configure an ELD to authorize a driver to
indicate that the driver is operating a CMV under certain special
driving categories, including (1) authorized personal use, and (2) yard
moves. Section 395.28(a)(2) requires a driver to select the applicable
special driving category on the ELD before starting operations in that
status, and to deselect it when the indicated status ends. Section
4.3.2.2.2(e) of appendix A to subpart B of part 395 requires a driver
to select the applicable special driving category on the ELD before
starting operations in that status, and to deselect it when the
indicated status ends. Section 4.3.2.2.2(e) of appendix A to subpart B
of part 395 requires a driver to reset the yard-move status to ``none''
if the ELD or CMV's engine goes through a power-off cycle (ELD or CMV's
engine turns off and then on).
Original Exemption and Application for Renewal of Exemption
In 2017, FMCSA granted a five-year exemption to UPS and all motor
carriers and drivers from two provisions of the FMCSRs under specified
terms and conditions (82 FR 48883, Oct. 20, 2017). The exemption
expires on October 20, 2022. The exemption allows CMV drivers using
portable electronic ELDs to manually record data that would otherwise
be required to be automatically recorded when a driver indicates a
change of duty status or logs in or out of an ELD (49 CFR 395.26(c) and
395.26(g)). Under the exemption, those requirements do not apply to a
driver using a portable ELD unless the driver is in the CMV with the
engine powered. The exemption also allows motor carriers to configure
their ELD devices so that a driver can enter yard moves under 49 CFR
395.38(a)(1)(ii) without complying with section 4.3.2.2.2(e) of
appendix A to subpart B of part 395 which requires a driver's yard move
status to re-set to ``none'' if the ELD or CMV's engine goes through a
power-off cycle or the CMV's engine turns off then on.
UPS requested renewal of the exemption on the same basis as stated
in its original application, noting that the conditions which
necessitated the exemption still exist, and that it has safeguards in
place to ensure an equivalent level of safety. For example, regarding
the automatic recording of data elements portion of the exemption, UPS
stated that its drivers are generally hourly drivers and use portable
ELD devices and perform a significant amount of work outside of the
CMV. UPS also noted that drivers generally use the ELD device to
``punch in'' while they are still in the building and then remain on
the clock and logged in after they leave the CMV until they return to
the dispatch office. Automatic logging of events is not practicable for
drivers using portable EDLs because the ELD device is not synchronized
to the engine's electronic control module (ECM) when the driver is
outside the CMV. UPS notes that renewal of the exemption would provide
an equivalent level of safety because there will be no impact on
recording driving time and the data elements that will not be
automatically recorded by the ELD at a change in duty status or log on/
log out while away from the CMV are not critical provided the driver
properly annotates the ELD record to indicate the proper duty status as
required by the regulation and the exemption.
Regarding the yard moves portion of the exemption, UPS noted that
its feeder drivers are required to complete yard moves as part of their
scheduled work and that the drivers can be assigned yard duty for a
portion of their shift which may require moving as many as 10 loads per
hour within the yard. UPS noted that as a safety precaution its drivers
are required to remove the keys
[[Page 64839]]
from the CMV each time they exit and that the driver will power the
tractor down to couple and uncouple a trailer. UPS stated that an
average UPS site has over 90 drivers with the majority completing
several yard moves a day. Complying with the specifications in
4.3.2.2.2(d) of appendix A to subpart B of part 395, would require them
to enter manual changes of duty status as many as 20 times in an hour.
UPS estimated that use of the current exemption has resulted in
significant cost savings to it without any degradation in safety. It
notes that by continuing to comply with the conditions of the original
exemption motor carriers using this exemption will ensure that the
``yard move'' mode is properly reserved for yard moves and that an
equivalent level of safety will be achieved. A copy of UPS' application
to renew the exemption is included in the docket referenced at the
beginning of this notice.
IV. Equivalent Level of Safety
In its 2017 decision approving the original exemption application,
FMCSA noted that the December 2015 ELD final rule (80 FR 78292)
provides a performance-based standard for ELDs and that motor carriers
may select from a wide variety of ELDs within the marketplace of ELD
providers. This includes the type of portable ELD units used by UPS.
The ELD functions required by the ELD rule are limited to
automatically recording all driving time, and intermittently recording
certain other information--including recording specified data elements
when a driver changes duty status (section 395.26(c)) and logs in/logs
out of an ELD (section 395.26(g)). For ELDs that are physically
installed in a vehicle, drivers typically log in/log out of the ELD or
change duty status while the vehicle is powered, and the required data
elements in section 395.26 are readily recorded by the ELD because the
ELD is synchronized with the engine's ECM.
However, in situations where a driver is using a portable, driver-
based ELD, a driver will typically log in/log out or change duty status
in the ELD at a location away from the vehicle (i.e., in the dispatch
office as described by UPS), prior to preparing to drive the vehicle
and without the vehicle being powered. In these situations, FMCSA
determined that it is not practicable for the ELD to automatically
record the data elements required by section 395.26(c) and section
395.26(g), as the ELD is not synchronized with the engine's ECM at that
point. In the final ELD rule, FMCSA stated ``FMCSA clarifies that the
ECM data or ECM connectivity data must only be captured when the engine
is powered, but the ELD is not prohibited from recording information,
if desired, when the engine is off.''
Based on the above, FMCSA determines that it is not necessary for
portable, driver-based ELDs to record the data elements required in
section 395.26(c) and section 395.26(g) when the driver is not in the
CMV, with the engine powered. In instances where a driver using a
portable, driver-based ELD logs in/logs out or changes duty status away
from the vehicle and without the vehicle powered, the driver will
simply annotate the ELD record to indicate the appropriate duty status
in accordance with section 395.30. Any time the driver is in the
vehicle and the vehicle is powered, the portable, driver-based ELD is
required to automatically record the data elements specified in section
395.26. FMCSA agreed that safety would not be diminished because (1)
there will be no impact on the recordation of driving time, and (2) the
data elements that will not be recorded by the ELD at a change of duty
status or log on/log out of the ELD while away from the vehicle are not
critical if the driver properly annotates the ELD record to indicate
the proper duty status as required.
FMCSA agrees that permitting all motor carriers to configure ELDs
with a yard-move mode that does not require a driver to re-input yard
move status every time the tractor is powered off will ensure that
drivers operating under the yard-move status will achieve a level of
safety that is equivalent to or greater than the level that would be
obtained under the regulation. Allowing multiple power-off cycles for
yard moves is consistent with what is currently permitted for the other
special driving category, personal conveyance.
In its application for renewal, UPS states that it has not
discovered any safety issues while operating under the exemption and
that it will continue to monitor its safety data. FMCSA is unaware of
any evidence of a degradation of safety attributable to the current
exemption for UPS or any other motor carriers and drivers. FMCSA
concludes that provisionally extending the exemption granted on October
20, 2017, for another five years, under the terms and conditions in
this exemption renewal, will likely achieve a level of safety that is
equivalent to, or greater than, the level of safety achieved without
the exemption.
V. Exemption Renewal Decision
A. Grant of Exemption Renewal
FMCSA provisionally renews the exemption for a period of five years
subject to the terms and conditions of this decision and the absence of
public comments that would cause the Agency to terminate the exemption
under section V.F. below. This exemption renewal is otherwise effective
October 21, 2022, through October 21, 2027, 11:59 p.m. local time,
unless renewed or rescinded.
B. Applicability of Exemption
The exemption allows (1) all motor carriers and drivers that use
portable, driver-based ELDs to record engine data only when the driver
is in a CMV and the engine is powered, and (2) all motor carriers to
configure an ELD with a yard-move mode that does not require a driver
to re-input yard-move status every time the tractor is powered off.
C. Terms and Conditions
When operating under this exemption, motor carriers and drivers are
subject to the following terms and conditions:
(1.) All motor carriers and drivers using portable, driver-based
ELDs are exempt from the requirements of section 395.26(c) and section
395.26(g) unless the driver is in the CMV with the engine powered. When
a driver using a portable, driver-based ELD changes duty status or logs
in/logs out of the ELD away from the vehicle and without the vehicle
powered, the driver is required to annotate the ELD record to indicate
the appropriate duty status in accordance with section 395.30. When the
driver is in the CMV, and the CMV is powered, the portable, driver-
based ELD is required to automatically record the data elements
specified in section 395.26.
(2.) A motor carrier is permitted to configure an ELD so that a
driver can select ``yard moves'' in accordance with section
395.28(a)(1)(ii) without complying with section 4.3.2.2.2(e) of
aAppendix A to subpart B of part 395, which requires a driver's yard-
move status to reset to none if the ELD or CMV's engine goes through a
power-off cycle (ELD or CMV's engine turns off and then on).
However, the ELD must switch from ``yard move'' status to
``driving'' status if (1) the driver inputs the ``driving'' mode; (2)
the vehicle exceeds a speed of 20 mph; or (3) the vehicle exits a geo-
fenced motor carrier facility. For the reasons discussed above, FMCSA
believes that the level of safety that will be achieved with the
exemptions will
[[Page 64840]]
likely be equivalent to, or greater than, the level of safety achieved
without the exemptions.
(3.) Motor carriers and drivers must comply with all other
applicable Federal Motor Carrier Safety Regulations (49 CFR part 350-
399).
(4.) The drivers must provide this exemption document to
enforcement officials upon request.
D. 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 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.
E. Notification to FMCSA
All motor carriers and drivers must notify FMCSA within 5 business
days of any crash (as defined in 49 CFR 390.5) involving any of its
CMVs operating under the terms of this exemption. The notification must
include the following information:
(a) Name of the exemption: ``UPS Renewal 2022'';
(b) Date of the crash;
(c) City or town, and State, in which the crash occurred, or
closest to the crash scene;
(d) Driver's name and license number;
(e) Vehicle number and State license number;
(f) Number of individuals suffering physical injury;
(g) Number of fatalities;
(h) The police-reported cause of the crash;
(i) Whether the driver was cited for violation of any traffic laws,
motor carrier safety regulations;
(j) A copy of the accident report, if available; and
(k) The driver's total driving time and total on-duty time prior to
the crash.
Reports filed under this provision shall be emailed to
[email protected].
F. Termination
FMCSA does not believe that UPS and other motor carriers and
drivers covered by this exemption renewal will experience any
deterioration of their safety record. The exemption will be rescinded
if: (1) motor carriers and drivers operating under the exemption 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 objects of 49 U.S.C. 31136(e) and
31315.
VI. Request for Comments
In accordance with 49 U.S.C. 31315(b), FMCSA requests public
comment from all interested persons on UPS, Inc.'s application for
renewal of the exemption to allow (1) all motor carriers and drivers
that use portable, driver-based ELDs to record engine data only when
the driver is in a CMV and the engine is powered, and (2) all motor
carriers to configure an ELD with a yard-move mode that does not
require a driver to re-input yard-move status every time the tractor is
powered off. All comments received before the close of business on the
comment closing date indicated at the beginning of this notice will be
considered and will be available for examination in the docket at the
location listed under the Addresses section of this notice. Comments
received after the comment closing date will be filed in the public
docket and will be considered to the extent practicable. In addition to
late comments, FMCSA will also continue to file, in the public docket,
relevant information that becomes available after the comment closing
date. Interested persons should continue to examine the public docket
for new material.
Robin Hutcheson,
Administrator.
[FR Doc. 2022-23312 Filed 10-25-22; 8:45 am]
BILLING CODE 4910-EX-P
