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

Topics:  Pronto.ai

James W. Deck
Federal Motor Carrier Safety Administration
28 September 2020

[Federal Register Volume 85, Number 188 (Monday, September 28, 2020)]
[Notices]
[Pages 60869-60871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21324]


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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., Application for 
Exemption

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition; denial of exemption.

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SUMMARY: FMCSA announces its decision to deny Pronto.ai, Inc.'s 
(``Pronto'') application for an exemption from the 11-hour driving 
limit and the prohibition against driving after the 14th hour after 
coming on duty. Under the exemption, drivers of 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, would be allowed to drive 
up to 13 hours during a work shift within 15 consecutive hours after 
coming on duty following 10 consecutive hours off duty. FMCSA has 
analyzed the exemption application and the public comments and 
determined that the applicant has not demonstrated that the requested 
exemption would likely achieve a level of safety that is equivalent to, 
or greater than, the level that would be achieved absent the exemption.

DATES: This decision is applicable September 28, 2020.

ADDRESSES: 
    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 Federal Docket Management System 
(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.

[[Page 60870]]


FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and 
Carrier Operations Division: 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

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to www.regulations.gov and insert 
the docket number, ``FMCSA-2020-0116'' in the ``Keyword'' box and click 
``Search.'' Next, click the ``Open Docket Folder'' button and choose 
the document to review. If you do not have access to the internet, you 
may view the docket online by visiting the Docket Management Facility 
in Room W12-140 on the ground floor of the DOT West Building, 1200 New 
Jersey Avenue SE, Washington, DC 20590, 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.

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 provide an opportunity for public comment on the 
request.
    The Agency reviews the 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 
Agency's decision 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 specify the effective period (up to 5 years) 
and explain its terms and conditions. The exemption may be renewed (49 
CFR 381.300(b)).

III. Request for Exemption

    The hours-of-service (HOS) regulations for interstate drivers of 
property-carrying commercial motor vehicles (CMVs) allow 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, the driver cannot drive again until he/she 
has been off duty for another 10 consecutive hours, or, in the case of 
drivers using sleeper berths, the equivalent of at least 10 consecutive 
hours off duty.
    Pronto requests an exemption from the 11-hour limit and the 14-hour 
``driving window'' on behalf of its customers operating CMVs equipped 
with the Copilot by Pronto advanced driver assistance systems (ADAS), 
the SmartDrive[supreg] Video Safety Program, and operating with certain 
other safeguards discussed in the application. The exemption would 
allow drivers operating these CMVs to drive up to 13 hours within 15 
hours after the beginning of the work shift, following 10 consecutive 
hours off duty. According to Pronto, its distinctive combination of 
advanced safety technologies would help reduce physical and mental 
driver stress, thereby allowing a modest increase in certain HOS 
parameters. Pronto believes that the same technologies would provide 
additional levels of safety by reducing the risk of the driver becoming 
drowsy or distracted and assist the driver in maintaining safe and 
proper control of the CMV.

IV. Pronto's Discussion of the Equivalent Level of Safety

    Pronto stated that drivers and carriers operating under the 
exemption would achieve a level of safety equivalent to, or greater 
than, the level of safety that would be obtained by complying with the 
current regulation, as a result of safety improvements from: (1) 
Mandatory use of the most sophisticated ADAS system on the market, 
coupled with SmartDrive's best-in-class video-based safety program and 
intelligence platform; (2) a significant increase in a driver's 
physical comfort, resulting in less physical fatigue during a shift; 
(3) an active management approach to the technology roll-out with 
carriers and drivers, achieved through Pronto's compulsory, full-day 
driver training program and the ability of SmartDrive's platform to 
enable rapid identification of drivers needing additional training; (4) 
Pronto's unique ``Safe Landing'' feature that identifies highly 
inattentive or non-responsive drivers, and attempts to safely and 
gradually bring the truck to a complete stop; and (5) SmartDrive's 
fatigue-monitoring and alerting system, SmartSense, which provides 
real-time in-cab alerts to the driver and triggers a video for 
immediate verification and intervention by the carrier.

V. Public Comments

    On April 20, 2020, the Agency published a notice requesting public 
comment on Pronto's exemption application (85 FR 21915). The Agency 
received more than 300 comments, primarily from individuals, but also 
from prominent industry trade groups. A total of 294 commenters opposed 
the exemption request. Opponents included the Advocates for Highway and 
Auto Safety; California Highway Patrol; Commercial Vehicle Safety 
Alliance; Insurance Institute for Highway Safety; Institute for Safe 
Trucking/Road Safe America; International Brotherhood of Teamsters; 
Owner-Operator Independent Driver's Association; Transportation Trades 
Department American Federation of Labor and Congress of Industrial 
Organizations (AFL-CIO); Transport Workers Union of America AFL-CIO; 
Truckload Carriers Association; and the United States Transportation 
Alliance.
    Commenters that opposed the exemption believe the lack of safety 
metrics for ADAS poses a risk to the public. The commenters also noted 
the lack of a Federal framework to ensure that any transition to 
automated driving system technologies is done in a measured, secure, 
and responsible manner to protect people traveling on our roadways.
    Opponents of Pronto's request also emphasized that the application 
would result in a needless threat to public safety by increasing the 
driving hours and extending the workday of CMV operators, and that the 
applicant failed to provide the required analysis and supporting 
information required by statute. Lastly, the opposing commenters 
believed that granting the exemption would give Pronto an unfair 
competitive advantage to carriers that utilize its product.
    Six commenters supported the exemption request, including 
Scopelitis Transportation Consulting. Supporters believe the exemption 
would be in line with the recent HOS changes proposed on August 22, 
2019 (84 FR 44190) and adopted on June 1, 2020 (85 FR 33396). Another 
point emphasized by a supporting commenter was that the

[[Page 60871]]

Agency could impose a list of conditions, if the exemption were 
granted, in addition to the conditions listed in Pronto's own 
application.

VI. FMCSA Decision

    The FMCSA's HOS regulations set driving time limits for the work 
shift and prohibit driving after the 14th hour after coming on duty, 
following 10 consecutive hours off duty. The requirements are intended 
to reduce the risk of individuals experiencing fatigue during the work 
shift. FMCSA is not aware of data or information that would enable the 
Agency to determine whether the advanced technology described by Pronto 
reduces the workload for CMV drivers to such an extent that additional 
driving time during the work shift should be allowed, or that 
individuals should be allowed to operate an extended work shift. 
Neither Pronto nor commenters supporting the exemption application 
provided data or information that would help to explain why this 
exemption would not reduce safety.
    Based on the numerous research studies concerning fatigue and hours 
of service that the Agency has reviewed in recent years, we do not 
believe there is a basis for allowing individuals to drive up to 13 
hours during a work shift, or operate after the 14th hour after coming 
on duty (except during adverse driving conditions). The premise that 
the use of advanced technology should reduce the workload on drivers 
appears reasonable on the surface but the absence of data or 
information to quantify the impact on driver fatigue and alertness 
leaves the Agency with no choice but to deny the application.
    In summary, after reviewing the application for an exemption and 
all the comments submitted to the public docket, FMCSA cannot ensure 
that the exemption would likely achieve a level of safety equivalent 
to, or greater than, the level that would be achieved by the current 
regulations.
    For these reasons, FMCSA denies the request for exemption.

James W. Deck,
Deputy Administrator.
[FR Doc. 2020-21324 Filed 9-25-20; 8:45 am]
BILLING CODE 4910-EX-P