Hours of Service of Drivers: Application for Exemption; Fiat Chrysler Automobiles (FCA) |
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Topics: Fiat Chrysler Automobiles
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Larry W. Minor
Federal Motor Carrier Safety Administration
18 October 2018
[Federal Register Volume 83, Number 202 (Thursday, October 18, 2018)]
[Notices]
[Pages 52870-52872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22701]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2018-0299]
Hours of Service of Drivers: Application for Exemption; Fiat
Chrysler Automobiles (FCA)
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of application for exemption; request for comments.
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SUMMARY: FMCSA announces that Fiat Chrysler Automobiles (FCA) has
requested an exemption from the requirement that a motor carrier
install and require each of its drivers to use an electronic logging
device (ELD) to record the driver's hours-of-service (HOS). FCA has
requested a two-year exemption for all its operators of commercial
motor vehicles (CMVs) including engineers, technicians, and other
drivers who operate CMVs on public roads. FCA's product development
activities encompass working with suppliers on validating engineering
redesigns for future vehicles, and they estimate that 85% to 90% of
such testing occurs on-site at its facilities. The remaining testing
occurs off-site on public roads which is the reason FCA is requesting
the exemption from the ELD regulations. FCA believes that granting this
exemption will have no adverse safety impacts while its CMV operators
are performing product development on off-site public road trips. FMCSA
requests public comment on FCA's application for exemption.
DATES: Comments must be received on or before November 19, 2018.
ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Number FMCSA-2018-0299 by any of the following
methods:
Federal eRulemaking Portal: www.regulations.gov. See the
Public
[[Page 52871]]
Participation and Request for Comments section below for further
information.
Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
Fax: 1-202-493-2251.
Each submission must include the Agency name and the
docket number for this notice. Note that DOT posts all comments
received without change to www.regulations.gov, including any personal
information included in a comment. Please see the Privacy Act heading
below.
Docket: For access to the docket to read background documents or
comments, go to www.regulations.gov at any time or visit Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday,
except Federal holidays. The on-line FDMS is available 24 hours each
day, 365 days each year.
Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; Telephone: 202-366-2722. Email: MCPSD@dot.gov. If you
have questions on viewing or submitting material to the docket, contact
Docket Services, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for Comments
FMCSA encourages you to participate by submitting comments and
related materials.
Submitting Comments
If you submit a comment, please include the docket number for this
notice (FMCSA-2018-0299), indicate the specific section of this
document to which the comment applies, and provide a reason for
suggestions or recommendations. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so the Agency can contact you if it has questions
regarding your submission.
To submit your comments online, go to www.regulations.gov and put
the docket number, ``FMCSA-2018-0299'' in the ``Keyword'' box, and
click ``Search.'' When the new screen appears, click on ``Comment
Now!'' button and type your comment into the text box in the following
screen. Choose whether you are submitting your comment as an individual
or on behalf of a third party, and then submit. If you submit your
comments by mail or hand delivery, submit them in an unbound format, no
larger than 8\1/2\ by 11 inches, suitable for copying and electronic
filing. If you submit comments by mail and would like to know that they
reached the facility, please enclose a stamped, self-addressed postcard
or envelope. FMCSA will consider all comments and material received
during the comment period and may grant or not grant this application
based on your comments.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain parts of the Federal Motor Carrier Safety
Regulations (FMCSRs). FMCSA must publish a notice of each exemption
request in the Federal Register (49 CFR 381.315(a)). The Agency must
provide the public an opportunity to inspect the information relevant
to the application, including any safety analyses that have been
conducted. The Agency must also provide an opportunity for public
comment on the request.
The Agency reviews safety analyses and public comments submitted,
and determines whether granting the exemption would likely achieve a
level of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)) with the reasons for denying or granting the application
and, if granted, the name of the person or class of persons receiving
the exemption, and the regulatory provision from which the exemption is
granted. The notice must also specify the effective period and explain
the terms and conditions of the exemption. The exemption may be renewed
(49 CFR 381.300(b)).
III. Request for Exemption
FCA's CMVs include RAM trucks and other product families, which
when configured with a trailer have a gross combination weight rating
greater than 10,000 pounds. When operated in interstate commerce, this
subjects the company and its drivers to the 49 CFR part 300-399 series
of Federal regulations including the hours-of-service (HOS) rules.
Procedures and processes are in place to ensure that only FCA and
supplier employees with an active driver qualification file operate
these vehicles. In any given year, up to 100 FCA employees may be
involved in driving its CMVs on product development off-site road
trips. All of its engineers and technicians are infrequent drivers who
on average drive less than 2,500 miles/year on public roads.
Additionally, all Engineering Groups conduct off-site road trips to
evaluate systems and components to support future product development
activities. Including non-CMV support vehicles, FCA normally sends
between 8 to 12 vehicles with 4 to 5 trailers. This type of trip would
include up to 20 drivers (engineers and technicians) who possess either
a commercial driver's license or a chauffer's license. Most road trips
involve a smaller number of vehicles and drivers, and according to FCA,
a significant amount of testing occurs while the vehicles are
stationary.
FCA's product development activities encompass working with
suppliers on validating engineering redesigns for future vehicles. FCA
tests ``next generation'' vehicles against competing products from
other original equipment manufacturers in dynamics settings. FCA
estimates that 85% to 90% of such testing occurs on-site at its
facilities or proving grounds, and the remaining testing occurs off-
site on public roads. Specifically, FCA conducts tests to benchmark
vehicles against competing brands, and some of these programs involve
calibration and thermal validation of complete vehicle systems at
various locations in the United States and Canada. On occasion, the
instrumented vehicles and trailers are shipped to the off-site testing
location, and on other occasions, FCA's engineers, technicians and
suppliers drive these vehicles to the off-site test locations. None of
its CMVs are involved in package delivery or passenger transportation.
FCA has already tested several portable electronic logging device
(ELD) units and found that the device interferes with the ability of
their data loggers to capture high-speed data from vehicle control
modules and networks
[[Page 52872]]
for critical vehicle validation. Furthermore, the device causes the
logger to suspend all message transmissions in error. As a result of
its detailed investigations on this matter, FCA has concluded that
utilizing paper records of duty status (RODS) and/or another HOS
compliance application besides an ELD is the most effective and
accurate method of measuring and reporting HOS that is compatible with
its data loggers. FCA further includes a number of exhibits which
demonstrate the problems described in the application when utilizing
ELDs. The Company also includes HOS and other general compliance forms
currently used to remain in compliance with the appropriate Federal
Motor Carrier Safety Regulations.
IV. Method To Ensure an Equivalent or Greater Level of Safety
According to FCA, the granting of this exemption will have no
negative impact on public safety or compliance with the HOS
regulations. FCA takes the safety of its employees and the general
public seriously. All product development off-site road trips are
planned months in advance, and the participants, details of the testing
protocol, routing and choice of lodgings are selected to maintain HOS
compliance. Its employees have been using paper RODS to record HOS for
the past five years. FCA utilizes print and on-line training tools to
instruct its employees in CMV Driver Basics; Compliance, Safety,
Accountability Know the Basics; Driver Vehicle and Road Side
Inspections; and HOS Driver Training. FCA further recognizes that
employees rotate annually between vehicle platforms and therefore
conducts several safe driving workshops annually at its facilities to
introduce and reinforce the following: Preparing to drive a CMV and
driver fatigue; the basics of vehicle handling and safe braking with
and without a trailer; truck-trailer backing skills including backing
up an inclined road and parking; downhill braking techniques with
ballasted trailers; and demonstration of proper truck/trailer
connections (conventional, fifth wheel and gooseneck). All FCA
attendees will have an opportunity to practice driving, parking and
safe backing skills. FCA requests a two-year exemption from the ELD
requirements in 49 CFR part 395 subpart B.
A copy of FCA's application for exemption is available for review
in the docket for this notice.
Issued on: October 12, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-22701 Filed 10-17-18; 8:45 am]
BILLING CODE 4910-EX-P