[Federal Register Volume 70, Number 109 (Wednesday, June 8, 2005)]
[Notices]
[Pages 33578-33580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11333]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[DOT Docket No. FMCSA-2005-21338]


Hours of Service of Drivers; Xora, Inc. Application for an 
Exemption From the Design Requirements for Automatic On-Board Recording 
Devices (AOBRs)

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 Xora, Inc.'s (Xora) application for an 
exemption from the requirement that AOBRs for monitoring drivers' hours 
of service be integrally synchronized with the specific operations of 
the vehicle on which it is installed. Xora, a software development 
company, working in conjunction with Nextel Communications, a wireless 
communications service provider, has developed an hours of service 
(HOS) OBR software application for use with Global Positioning System 
(GPS)--enabled wireless telephones and its computer system to document 
drivers' hours of service. Xora's system performs all of the functions 
required of AOBRs currently allowed by FMCSA's regulations with the 
exception of the requirement for integral synchronization with specific 
operations of the commercial motor vehicle on which it is installed. 
Xora believes the use of their hours-of-service monitoring system by 
motor carriers would achieve a level of safety equivalent to what would 
be provided by AOBRs which are integrally synchronized with specific 
operations of the CMV.

DATES: Comments must be received on or before July 8, 2005.

ADDRESSES: You may submit comments identified by DOT DMS Docket Number 
FMCSA-2005-21338 by any of the following methods:
     Web Site: http://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic docket site.
     Fax: 1-202-493-2251.

[[Page 33579]]

     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
    Instructions: All submissions must include the agency name and 
docket number for this notice. Note that all comments received will be 
posted without change to http://dms.dot.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://dms.dot.gov and/or Room PL-401 on the 
plaza level of the Nassif Building, 400 Seventh Street, SW., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.
    Privacy Act: Anyone may search the electronic form of all comments 
received into any of DOT's dockets by the name of the individual 
submitting the comment (or of the person signing the comment, if 
submitted on behalf of an association, business, labor union, or other 
entity). You may review DOT's complete Privacy Act Statement in the 
Federal Register (65 FR 19477, Apr. 11, 2000). This statement is also 
available at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Robert Schultz, Driver and Carrier 
Operations Division, Office of Bus and Truck Standards and Operations, 
MC-PSD, (202) 366-4009, Federal Motor Carrier Safety Administration, 
400 Seventh Street, SW., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

Background

    Section 4007 of the Transportation Equity Act for the 21st Century 
(Pub. L. 105-178, 112 Stat. 107, June 9, 1998) amended 49 U.S.C. 31315 
and 31136(e) to provide FMCSA with authority to grant exemptions from 
its safety regulations. On August 20, 2004, FMCSA published a Final 
Rule (69 FR 51589) implementing section 4007 (63 FR 67600). Under the 
rule FMCSA must publish a notice of each exemption application in the 
Federal Register (49 CFR part 381). FMCSA 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.
    FMCSA must then examine the safety analyses and the public comments 
and determine whether the exemption would achieve a level of safety 
equivalent to, or greater than, the level that would be achieved by 
complying with the current regulation (49 CFR 381.305). The Agency's 
decision 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 being 
granted. The notice must also specify the effective period of the 
exemption (up to two years), and explain the terms and conditions of 
the exemption. The exemption may be renewed (49 CFR 381.300(b)).

Xora's Application for an Exemption

    Xora requested an exemption from the requirement that AOBRs be 
integrally synchronized with specific operations of the vehicle on 
which they are installed. Section 395.15 of the Federal Motor Carrier 
Safety Regulations (49 CFR 395.15) allows the use of AOBRs, as defined 
in 395.2, instead of handwritten records of duty status required by 
395.8. Section 395.2 defines AOBR as follows:

    Automatic on-board recording device means an electric, 
electronic, electromechanical, or mechanical device capable of 
recording driver's duty status information accurately and 
automatically, as required by 49 CFR Part 395.15. The device must be 
integrally synchronized with specific operation of the commercial 
motor vehicle in which it is installed. At a minimum, the device 
must record engine use, road speeds, miles driven, the date and time 
of day.

    Xora requested the exemption to enable its motor carrier clients to 
use its HOS management system as an alternative to AOBRs that are 
integrally synchronized with specific vehicle operations. A copy of the 
exemption application is in the docket for this notice.
    Xora believes its Global Positioning System (GPS)--enabled, 
handheld HOS monitoring system provides several advantages when 
compared to handwritten records of duty status and AOBRs that are 
integrally synchronized with functions of the vehicle. The advantages 
are:
    (1) Low cost;
    (2) Real-time system for alerting drivers and managers about HOS 
limits and violations;
    (3) Complete driver HOS history stored and available for review and 
audit;
    (4) Enhanced HOS management reports;
    (5) Tamper resistance;
    (6) Ease of law enforcement review;
    (7) Familiar wireless telephone handset, ease of training;
    (8) Multi-purpose handset, voice, message, data, multi-media;
    (9) Safety (driver may communicate in and away from the vehicle);
    (10) Inexpensive mounting option;
    (11) Ease of transfer from one vehicle to another;
    (12) Ease of integration (allows for enhanced dispatch and 
logistics, including HOS availability);
    (13) All activity digitally stored, secured and time stamped; and
    (14) Ease of repair and replacement.
    Xora requested that motor carriers covered by the exemption be 
allowed to use a GPS-enabled wireless telephone which can record 
vehicle speed, detect small changes in motion and identify stop/start 
events. The system can change the driver's duty status based upon GPS 
readings. Xora's system calculates vehicle speed and distance traveled 
based upon GPS satellite data. Xora believes this approach would result 
in an accurate recording of HOS and monitoring of drivers' duty status. 
The interval for signals between the GPS-enabled telephone and the 
satellite may be adjusted to once every minute to ensure accurate 
estimates of vehicle speed and distance traveled. The capability of the 
GPS-enabled wireless telephone would eliminate the necessity of having 
the unit tethered to the engine.
    Xora argues that denial of the exemption would cause the motor 
carrier industry to lose an opportunity to replace handwritten records 
of duty status with a low cost alternative. Without this special 
consideration, the Xora system and other GPS-enabled handset-based HOS 
monitoring systems will not be able to enter the market in the 
foreseeable future. Xora believes the time taken for a regulatory 
change would result in vendors losing enthusiasm for the potential 
market. The company estimates that the total number of drivers 
operating under the terms of the exemption would be ``upwards of ten 
thousand after the first year.'' In addition, many motor carriers 
currently make extensive use of wireless telephone service and 
technology for basic communications, scheduling, and logistics. These 
motor carrier operations

[[Page 33580]]

would have the ability to consolidate costs into one system that 
provides the features and benefits of wireless telephones and a 
paperless means of complying with the requirement to accurately 
document drivers' hours of service.
    Xora believes its system offers enhanced safety because it allows 
for a much more accurate compilation of drivers' on-duty time, driving 
time, driving distance and total hours, than handwritten records of 
duty status. The system is easily accessible for Federal and State 
roadside inspectors to review. The system maintains the required 
records in the GPS-enabled handset, and records are also maintained at 
the motor carrier's principle place of business. The system also 
provides a warning for drivers as they approach the applicable HOS 
limits.

Request for Comments

    In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests 
public comment from all interested persons on Xora's application for 
exemption from 49 CFR 395.15. 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 address 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, the 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: May 27, 2005.
Annette M. Sandberg,
Administrator.
[FR Doc. 05-11333 Filed 6-7-05; 8:45 am]
BILLING CODE 4910-22-P