Hours of Service; YRC Worldwide Inc. Application for an Exemption From Certain Electronic Logging Device Requirements |
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Topics: YRC Worldwide
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Larry W. Minor
Federal Motor Carrier Safety Administration
19 September 2017
[Federal Register Volume 82, Number 180 (Tuesday, September 19, 2017)]
[Notices]
[Pages 43817-43819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19909]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2017-0248]
Hours of Service; YRC Worldwide Inc. Application for an Exemption
From Certain Electronic Logging Device Requirements
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of application for exemption; request for comments.
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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
requests public comment on an application from YRC Worldwide Inc.
(YRCW) for an exemption from various provisions of the mandate to use
electronic logging devices (ELDs).
DATES: Comments must be received on or before October 19, 2017.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2017-0248 using any of the
following methods:
Web site: http://www.regulations.gov. Follow the
instructions for submitting comments on the Federal electronic docket
site.
Fax: 1-202-493-2251.
Mail: Docket Management Facility, U.S. Department of
Transportation, Room W12-140, 1200 New Jersey Avenue SE., Washington,
DC 20590-0001.
Hand Delivery: Ground Floor, Room W12-140, DOT Building,
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.
e.t., Monday-Friday, except Federal holidays.
Instructions: All submissions must include the Agency name and
docket number for this notice. For detailed instructions on submitting
comments and additional information on the exemption process, see the
``Public Participation'' heading below. Note that all comments received
will be posted without change to http://www.regulations.gov, including
any personal information provided. Please see the ``Privacy Act''
heading for further information.
Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov or to Room W12-140,
DOT Building, 1200 New Jersey Avenue SE., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
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.
Public participation: The http://www.regulations.gov Web site is
generally available 24 hours each day, 365 days each year. You may find
electronic submission and retrieval help and guidelines under the
``help'' section of the http://www.regulations.gov Web site as well as
the DOT's http://
[[Page 43818]]
docketsinfo.dot.gov Web site. If you would like notification that we
received your comments, please include a self-addressed, stamped
envelope or postcard or print the acknowledgment page that appears
after submitting comments online.
FOR FURTHER INFORMATION CONTACT: Mike Huntley, Vehicle and Roadside
Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC-
PSV, (202) 366-4325, Federal Motor Carrier Safety Administration, 1200
New Jersey Avenue SE., Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION: YRCW is requesting an exemption (1) to allow
an alternative ELD phase-in method for fleets using compliant automatic
on-board recording devices (AOBRDs); (2) from the requirement that an
ELD automatically record certain data elements upon a duty status
change when a driver is not in the vehicle; (3) to allow ELDs to be
configured with a special driving mode for yard moves that does not
require the driver to re-input yard move status every time the tractor
is powered off; and (4) to allow vehicle movements of less than one
mile on YRCW property by non-CDL YRCW drivers to be annotated as ``on
property--other.'' YRCW believes that the requested temporary
exemptions will maintain a level of safety that is equivalent to, or
greater than, the level of safety achieved without the exemption.
Background
Section 4007 of the Transportation Equity Act for the 21st Century
(TEA- 21) [Pub. L. 105-178, June 9, 1998, 112 Stat. 401] amended 49
U.S.C. 31315 and 31136(e) to provide authority to grant exemptions from
the Federal Motor Carrier Safety Regulations (FMCSRs). On August 20,
2004, FMCSA published a final rule (69 FR 51589) implementing section
4007. Under this rule, FMCSA must publish a notice of each exemption
request in the Federal Register (49 CFR 381.315(a)). The Agency must
provide the public with 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 the safety analyses and the public comments 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)). If the Agency denies the request, it must state the reason
for doing so. If the decision is to grant the exemption, the notice
must specify the person or class of persons receiving the exemption and
the regulatory provision or provisions from which an exemption is
granted. The notice must specify the effective period of the exemption
(up to 5 years) and explain the terms and conditions of the exemption.
The exemption may be renewed (49 CFR 381.315(c) and 49 CFR 381.300(b)).
YRCW Application for Exemption
YRCW is a holding company that, through its operating companies,
offers its customers a wide range of transportation services. Its
operating companies include YRC Freight (a North American less-than-
truckload (LTL) company), and Holland, Reddaway, and New Penn (regional
LRL companies). YRCW has applied for an exemption from various
provisions of 49 CFR part 395 regarding the use of ELDs. Specifically,
YRCW has requested a temporary exemption (1) to allow an alternative
ELD phase-in method for fleets using compliant automatic on-board
recording devices (AOBRDs); (2) from the requirement that an ELD
automatically record certain data elements upon a duty status change
when a driver is not in the vehicle; (3) to allow ELDs to be configured
with a special driving mode for yard moves that does not require the
driver to re-input yard move status every time the tractor is powered
off; and (4) to allow vehicle movements of less than one mile conducted
on YRCW property by non-CDL YRCW drivers to be annotated as ``on
property--other.''
YRCW states that its request is almost identical to an exemption
application submitted by United Parcel Service (Ups) regarding the
implementation and use of ELDs (see Docket FMCSA-2017-0054), and notes
that it filed comments in support of the UPS application on July 7,
2017.
A copy of the application is included in the docket referenced at
the beginning of this notice.
Alternative ELD Phase-In Method
Subject to limited exceptions, section 395.8(a)(1)(i) of the FMCSRs
requires motor carriers to install and use ELDs that comply with the
technical specifications prescribed for those devices no later than
December 18, 2017. However, section 395.8(a)(1)(ii) allows a motor
carrier that installs, and requires its drivers to use, compliant
AOBRDs before the December 18, 2017, compliance date to continue to use
those AOBRDs until December 16, 2019, thereby providing a 2-year
grandfather period for devices installed prior to the compliance date.
In support of its application, YRCW states:
Like UPS, current requirements restricting the use of new AOBRDs
in the transition period would cause company drivers to operate a
``mixed fleet'' of AOBRDs and ELDs. A ``mixed fleet'' introduces
significant training challenges and inefficiencies. Groups of driver
employees at terminals lead safety training with guidance from issue
experts. As such, in addition to the training challenges highlighted
by UPS, under the current rule a ``mixed fleet'' would result in the
added complexity of peer-to-peer trainers being responsible for
training both AOBRD and ELD systems.
Unlike UPS, YRCW's operating companies currently utilize paper
logs. As such, the adoption of electronic logs is the single largest
change in recording record of duty status in decades. Many of our
drivers are long-tenured and may face challenges in adopting a new
system. Since operational flexibility does not allow a driver to be
assigned a tractor, a `mixed fleet'' scenario forces drivers to be
trained to use both AOBRD and ELD systems and introduce more
complexity, errors, and challenges for all stakeholders.
Based on the above, for YRCW operating companies who plan to
operate AOBRDs past December 18, 2017, YRCW requests an exemption from
section 395(a)(1)(i) to allow the installation of AOBRDs on new truck
tractors delivered to a facility after the December 18, 2017,
compliance date, where existing vehicles at that facility are equipped
with compliant AOBRDs.
Recording of ELD Data Elements
An ELD is required to automatically record a number of specific
data elements 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)).
In support of its application, YRCW states:
Similar to UPS, all drivers at YRC Freight, Holland and New Penn
and a portion of drivers at Reddaway are covered by collective
bargaining agreements. Almost all drivers clock in through an
electronic system when they begin their day. Once clocked in they
are required to perform non-driving duties as defined by collective
bargaining agreements and company policies. As such, YRCW requests
the same exemption as stated by UPS in Docket 2017-0054 on behalf of
its operating companies.
Based on the above, YRCW requests an exemption from the requirement
to record the specific data elements identified in sections 395.26(c)
and
[[Page 43819]]
395.26(g) if the driver is not in the vehicle when (1) the driver
indicates a change of duty status, or (2) an authorized user logs into
or out of an ELD, respectively. Instead, to assure accurate recording
of on-duty, not driving time, YRCW proposes that it will
``systematically annotate that the driver was performing other work.''
YRCW believes that the proposed exemption ``will have no impact on the
recordation of driving time'' as all required vehicle data will be
recorded when the driver is in the vehicle, and ``the tractor data that
would not be recorded when the driver is not in the vehicle is not
relevant to assessing the accurate recordation of `on-duty, not
driving' time.''
Special Driving Mode for Yard Moves
Section 395.28(a) of the FMCSRs permits a motor carrier to
configure an ELD to authorize a driver to indicate that the driver is
operating a commercial motor vehicle (CMV) under certain special
driving categories, including (1) authorized personal use, and (2) and
yard moves. Section 395.28(a)(2) requires a driver to select the
applicable special driving category on the ELD before the start of the
status, and to deselect it when the indicated status ends.
In support of its application, YRCW states:
Like UPS, almost all drivers for YRCW operating companies are
covered by a collective bargaining agreement which sets out a
contractual agreement that specifies which categories of drivers may
perform certain driving duties such as coupling, uncoupling and
moving equipment around company yards. The ability to select a
``yard move'' status will eliminate multiple unnecessary entries.
Like UPS, the facilities of YRCW's operating companies maintain
posted speed and will be ``geo-fenced.'' YRCW proposes that driving
status should be activated once a vehicle reaches 20mph or above
and/or exits the facility. In addition to making drivers more
efficient, allowing the ``yard move'' status eliminates driver
distractions and enables them to focus on safely operating vehicles
in the yard.
Based on the above, YRCW requests an exemption from section
395.28(a)(2)(i) to allow its drivers to select ``yard move'' status and
remain in that status even if the vehicle's ignition is cycled off and
back on. Under the proposed temporary exemption, and assuming that the
driver does not go off duty after performing the yard moves, YRCW
states that the ELD would switch to a ``driving'' duty status under
section 395.24 if (1) the driver inputs ``driving,'' (2) the vehicle
exceeds 20 mph, or (3) the vehicle exits the geo-fenced yard.
Vehicle Use by Exempt Employees Operating on UPS Property
Section 395.26(h) of the FMCSRs requires an ELD to automatically
record certain data elements when a CMV's engine is powered up or
powered down.
In support of its application, YRCW states:
YRCW operating companies have exempt employees, without
commercial driver's licenses, who move vehicles within our company
yards for various purposes, including fueling, washing and
maintenance. Vehicles will not be equipped with permanently attached
ELD or AOBRD systems, nor will these drivers be assigned portable
devices. As a result, exempt individuals will not have the ability
to input data into an AOBRD or ELD device. As with UPS, these trips
are under one mile and move less than 20mph on company property.
Based on our similar operational practices and needs, YRCW companies
requests the same exemption as requested by UPS, with the
understanding that movements in the yard will not be limited to
washing and fueling.
Based on the above, YRCW requests an exemption from section 395.26,
and proposes to allow an alternative approach to track vehicle usage by
certain yard employees on YRCW property. Specifically, YRCW proposes
that vehicle usage of less than 1 mile by these exempt employees,
conducted entirely on YRCW property, be annotated on an ELD as ``on
property--other.'' YRCW states that these miles could be easily
identified using geo-fencing and time-card information for road drivers
and other employees.
As noted in its application, YRCW believes that each of the
requested exemptions will result in substantial operational
efficiencies, and will maintain a level of safety that is equivalent
to, or greater than, the level of safety achieved without the
exemptions.
Request for Comments
In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests
public comment from all interested persons on YRCW's application for an
exemption from 49 CFR part 395. 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.
Issued on: September 12, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-19909 Filed 9-18-17; 8:45 am]
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