[Federal Register Volume 83, Number 202 (Thursday, October 18, 2018)]
[Notices]
[Pages 52870-52872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-22701]



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DEPARTMENT OF TRANSPORTATION



Federal Motor Carrier Safety Administration



[Docket No. FMCSA-2018-0299]




Hours of Service of Drivers: Application for Exemption; Fiat 

Chrysler Automobiles (FCA)



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 Fiat Chrysler Automobiles (FCA) has 

requested an exemption from the requirement that a motor carrier 

install and require each of its drivers to use an electronic logging 

device (ELD) to record the driver's hours-of-service (HOS). FCA has 

requested a two-year exemption for all its operators of commercial 

motor vehicles (CMVs) including engineers, technicians, and other 

drivers who operate CMVs on public roads. FCA's product development 

activities encompass working with suppliers on validating engineering 

redesigns for future vehicles, and they estimate that 85% to 90% of 

such testing occurs on-site at its facilities. The remaining testing 

occurs off-site on public roads which is the reason FCA is requesting 

the exemption from the ELD regulations. FCA believes that granting this 

exemption will have no adverse safety impacts while its CMV operators 

are performing product development on off-site public road trips. FMCSA 

requests public comment on FCA's application for exemption.



DATES: Comments must be received on or before November 19, 2018.



ADDRESSES: You may submit comments identified by Federal Docket 

Management System (FDMS) Number FMCSA-2018-0299 by any of the following 

methods:

     Federal eRulemaking Portal: www.regulations.gov. See the 

Public



[[Page 52871]]



Participation and Request for Comments section below for further 

information.

     Mail: Docket Management Facility, 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: West Building, Ground Floor, 

Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal holidays.

     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. The on-line 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.



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

Carrier Operations Division; Office of Carrier, Driver and Vehicle 

Safety Standards; Telephone: 202-366-2722. Email: [email protected]. 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-2018-0299), 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-2018-0299'' 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. 31136(e) and 31315 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. Request for Exemption



    FCA's CMVs include RAM trucks and other product families, which 

when configured with a trailer have a gross combination weight rating 

greater than 10,000 pounds. When operated in interstate commerce, this 

subjects the company and its drivers to the 49 CFR part 300-399 series 

of Federal regulations including the hours-of-service (HOS) rules. 

Procedures and processes are in place to ensure that only FCA and 

supplier employees with an active driver qualification file operate 

these vehicles. In any given year, up to 100 FCA employees may be 

involved in driving its CMVs on product development off-site road 

trips. All of its engineers and technicians are infrequent drivers who 

on average drive less than 2,500 miles/year on public roads. 

Additionally, all Engineering Groups conduct off-site road trips to 

evaluate systems and components to support future product development 

activities. Including non-CMV support vehicles, FCA normally sends 

between 8 to 12 vehicles with 4 to 5 trailers. This type of trip would 

include up to 20 drivers (engineers and technicians) who possess either 

a commercial driver's license or a chauffer's license. Most road trips 

involve a smaller number of vehicles and drivers, and according to FCA, 

a significant amount of testing occurs while the vehicles are 

stationary.

    FCA's product development activities encompass working with 

suppliers on validating engineering redesigns for future vehicles. FCA 

tests ``next generation'' vehicles against competing products from 

other original equipment manufacturers in dynamics settings. FCA 

estimates that 85% to 90% of such testing occurs on-site at its 

facilities or proving grounds, and the remaining testing occurs off-

site on public roads. Specifically, FCA conducts tests to benchmark 

vehicles against competing brands, and some of these programs involve 

calibration and thermal validation of complete vehicle systems at 

various locations in the United States and Canada. On occasion, the 

instrumented vehicles and trailers are shipped to the off-site testing 

location, and on other occasions, FCA's engineers, technicians and 

suppliers drive these vehicles to the off-site test locations. None of 

its CMVs are involved in package delivery or passenger transportation.

    FCA has already tested several portable electronic logging device 

(ELD) units and found that the device interferes with the ability of 

their data loggers to capture high-speed data from vehicle control 

modules and networks



[[Page 52872]]



for critical vehicle validation. Furthermore, the device causes the 

logger to suspend all message transmissions in error. As a result of 

its detailed investigations on this matter, FCA has concluded that 

utilizing paper records of duty status (RODS) and/or another HOS 

compliance application besides an ELD is the most effective and 

accurate method of measuring and reporting HOS that is compatible with 

its data loggers. FCA further includes a number of exhibits which 

demonstrate the problems described in the application when utilizing 

ELDs. The Company also includes HOS and other general compliance forms 

currently used to remain in compliance with the appropriate Federal 

Motor Carrier Safety Regulations.



IV. Method To Ensure an Equivalent or Greater Level of Safety



    According to FCA, the granting of this exemption will have no 

negative impact on public safety or compliance with the HOS 

regulations. FCA takes the safety of its employees and the general 

public seriously. All product development off-site road trips are 

planned months in advance, and the participants, details of the testing 

protocol, routing and choice of lodgings are selected to maintain HOS 

compliance. Its employees have been using paper RODS to record HOS for 

the past five years. FCA utilizes print and on-line training tools to 

instruct its employees in CMV Driver Basics; Compliance, Safety, 

Accountability Know the Basics; Driver Vehicle and Road Side 

Inspections; and HOS Driver Training. FCA further recognizes that 

employees rotate annually between vehicle platforms and therefore 

conducts several safe driving workshops annually at its facilities to 

introduce and reinforce the following: Preparing to drive a CMV and 

driver fatigue; the basics of vehicle handling and safe braking with 

and without a trailer; truck-trailer backing skills including backing 

up an inclined road and parking; downhill braking techniques with 

ballasted trailers; and demonstration of proper truck/trailer 

connections (conventional, fifth wheel and gooseneck). All FCA 

attendees will have an opportunity to practice driving, parking and 

safe backing skills. FCA requests a two-year exemption from the ELD 

requirements in 49 CFR part 395 subpart B.

    A copy of FCA's application for exemption is available for review 

in the docket for this notice.



    Issued on: October 12, 2018.

 Larry W. Minor,

Associate Administrator for Policy.

[FR Doc. 2018-22701 Filed 10-17-18; 8:45 am]

 BILLING CODE 4910-EX-P