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


American Government Trucking Topics:  Werner Enterprises

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

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

[Federal Register Volume 85, Number 71 (Monday, April 13, 2020)]
[Notices]
[Pages 20566-20567]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07731]


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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), 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 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). Specifically, Werner requests that, 
during the first eight days that each of its drivers transitions to an 
ELD from its new supplier, Platform Science, five specific data fields 
in the RODS files accessible through the in-cab ELD unit be left blank 
due to file compatibility issues between the suppliers' systems.

DATES: Comments must be received on or before May 13, 2020.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2020-0114 using any of the 
following methods:
     Website: http://www.regulations.gov. Follow the 
instructions for submitting comments on the Federal electronic docket 
site.
     Fax: 1-202-493-2251.
     Mail: Send comments to Docket Operations, M-30, U.S. 
Department of Transportation, Room W12-140, 1200 New Jersey Avenue SE, 
Washington, DC 20590-0001.
     Hand Delivery or Courier: Bring comments to Docket 
Operations, 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 Docket 
Operations, 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. To be sure someone is there to help you, 
please call (202) 366-9317 or (202) 366-9826 before visiting Docket 
Operations.
    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 website 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 website as well as 
the DOT's http://docketsinfo.dot.gov website. 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: 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.

SUPPLEMENTARY INFORMATION: 

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and 
related materials.

[[Page 20567]]

Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (FMCSA-2020-0114), 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-2020-0114'' 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. 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 required to prepare hours-of-service (HOS) 
records of duty status (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.

IV. Werner's Exemption Application

    Werner requests that during the first eight days that each of its 
drivers makes the transition to an ELD from its new supplier, Platform 
Science, five specific data fields required by Appendix A to be 
included in the RODS files accessible through the in-cab ELD unit be 
left blank. 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 will begin using in 2020 include all 
the required information. Werner will be transferring data from its 
current ELD system to a new platform, and with that transition 5 
elements will not be available for the first 8 days. The affected 
fields are:
     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 seven 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 above; 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 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 a means for identifying non-compliance with the 
underlying hours-of-service requirements. A copy of the exemption 
application has been placed in the 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 Werner's application for an 
exemption from the requirement that data fields specified in Appendix A 
to Subpart B or Part 395 (Appendix A) be included in electronic records 
of duty status (RODS) files generated by electronic logging devices 
(ELDs). 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. 2020-07731 Filed 4-10-20; 8:45 am]
 BILLING CODE 4910-EX-P




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