Hours of Service of Drivers: Pronto.ai, Inc. (Pronto); Application for Exemption

Topics:  Pronto.ai

Larry W. Minor
Federal Motor Carrier Safety Administration
20 April 2020

[Federal Register Volume 85, Number 76 (Monday, April 20, 2020)]
[Notices]
[Pages 21915-21916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08343]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2020-0116]


Hours of Service of Drivers: Pronto.ai, Inc. (Pronto); 
Application for Exemption

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 it has received an application from 
Pronto.ai, Inc. (``Pronto'') on behalf of its interstate motor carrier 
customers, for a renewable five-year exemption from the 11-hour driving 
limit and the 14-hour driving window in the Agency's hours-of-service 
(HOS) requirements. Pronto is requesting that drivers operating 
commercial motor vehicles (CMVs) equipped with the Copilot by Pronto 
advanced driver assistance systems (ADAS), the SmartDrive[supreg] Video 
Safety Program, and operating under certain other safeguards, be 
allowed to drive up to 13 hours during a period of 15 consecutive hours 
after coming on duty following 10 consecutive hours off duty. FMCSA 
requests public comment on Pronto's application for exemption.

DATES: Comments must be received on or before May 20, 2020.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2020-0116 by any of the following 
methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow 
the online instructions for submitting comments.
     Mail: Send comments to Docket 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: Deliver comments to Docket 
Operations, 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. To be sure someone is there to help you, 
please call (202) 366-9317 or (202) 366-9826 before visiting Docket 
Operations.
     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. To be sure someone is there to help you, 
please call (202) 366-9317 or (202) 366-9826 before visiting Docket 
Operations. The on-line FDMS is available 24 hours each day, 365 days 
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: For information concerning this 
notice, contact Mr. Richard Clemente, FMCSA Driver and Carrier 
Operations Division; Office of Carrier, Driver and Vehicle Safety 
Standards; Telephone: 202-366-4225. 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-2020-0116), 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.

[[Page 21916]]

    To submit your comment online, go to www.regulations.gov and put 
the docket number, ``FMCSA-2020-0116'' 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.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant 
exemptions from certain Federal Motor Carrier Safety Regulations 
(FMCSRs). FMCSA must publish a notice of each exemption request in the 
Federal Register (49 CFR 381.315(a)). The Agency must provide the 
public an opportunity to inspect the information relevant to the 
application, including any safety analyses that have been conducted. 
The Agency must also provide an opportunity for public comment on the 
request.
    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

    Currently, interstate drivers of property-carrying CMVs are allowed 
a period of 14 consecutive hours (49 CFR 395.3(a)(2)) in which to drive 
up to 11 hours (49 CFR 395.3(a)(3)) after being off duty for 10 or more 
consecutive hours. The 14-consecutive-hour driving window begins when 
the driver starts any kind of work. Once the driver reaches the end of 
this 14-consecutive-hour period, he/she cannot drive again until the 
driver has been off duty for another 10 consecutive hours, or the 
equivalent of at least 10 consecutive hours off duty.

IV. Pronto's Exemption Application

    Pronto requests an exemption from the 11-hour driving limit in 49 
CFR 395.3(a)(3) and the 14-hour driving window in 49 CFR 395.3(a)(2) on 
behalf of its motor carrier customers operating CMVs equipped with the 
Copilot by Pronto ADAS, the SmartDrive[supreg] Video Safety Program, 
and operating with certain other safeguards discussed in the exemption. 
The exemption would allow drivers operating these CMVs to drive up to 
13 hours within 15 hours of the beginning of the work shift, following 
10 consecutive hours off duty. A copy of the exemption application is 
included in the public docket referenced at the beginning of this 
notice.

V. Request for Comments

    In accordance with 49 U.S.C. 31315(b)(6), FMCSA requests public 
comment from all interested persons on Pronto's application for an 
exemption from 49 CFR 395.3(a)(2) and 395.3(a)(3). 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.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020-08343 Filed 4-17-20; 8:45 am]
BILLING CODE 4910-EX-P