[Federal Register Volume 84, Number 72 (Monday, April 15, 2019)]
[Notices]
[Pages 15282-15283]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07436]
-----------------------------------------------------------------------
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 final disposition; denial of application for
exemption.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to deny the application of Fiat
Chrysler Automobiles (FCA) for an exemption from the requirement that
its drivers use electronic logging devices (ELDs) to record their hours
of service (HOS). FCA requested the exemption for all its operators of
commercial motor vehicles (CMVs) including engineers, technicians, and
other drivers who operate CMVs on public roads. FMCSA analyzed the
exemption application and the single public comment submitted, and has
determined that the applicant would not achieve a level of safety that
is equivalent to, or greater than, the level that would be achieved
absent the exemption.
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:
Background
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.
FMCSA 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(a)). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)) with the reason for the grant or denial, and, if granted,
the specific person or class of persons receiving the exemption, and
the regulatory provision or provisions from which exemption is granted.
The notice must also specify the effective period of the exemption (up
to 5 years), 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 commercial motor vehicles (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 49
CFR parts 300-399, 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 fewer than 2,500 miles a 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 dynamic 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 devices interfere with the ability of
FCA's data loggers to capture high-speed data from vehicle control
modules and networks for critical vehicle validation. Furthermore, the
devices cause the logger to suspend all message transmissions in error.
As a result of its
[[Page 15283]]
detailed investigations on this matter, FCA has concluded that
utilizing paper records of duty status (RODS) and/or an HOS compliance
application other than an ELD is the most effective and accurate method
of measuring and reporting HOS in a manner compatible with FCA's 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.
A copy of FCA's application for exemption is available for review
in the docket for this notice.
V. Public Comments
On October 18, 2018, FMCSA published notice of this application and
requested public comment (83 FR 52870). The Agency received one comment
from an individual in opposition to the FCA exemption request. Excerpts
from this comment were as follows: ``Fiat's request creates a growing
burden on the FMCSA's partners that enforce the Federal Motor Carrier
Safety Regulations. Part 395.8(a)(1)(iii)(A)(1) has an exception from
the ELD and for a driver to use a paper log for eight days in any 30-
day period. If the staff at Fiat is doing 80%-90% of the work on its
closed courses where no log is required then the exception in the
regulation should be more than sufficient, i.e., 80% of 31 days is 24.8
(25 days) meaning a driver would use a paper log for six days below the
eight-day limit. . . . [R]oadside officers must attempt to try and keep
track of the numerous exemptions allowed by the FMCSA. . . . The more
exemptions that exist decreases [sic] the public's safety as carriers
abuse the safety regulations. . . . Fiat could utilize the exception in
Part 395.8 and avoid burdening the system with one additional
exemption. Fiat should have to substantiate that utilization of the
exception in Part 395.8 is not practicable and creates a significant
burden on the organization.''
VI. FMCSA Decision
When FMCSA published the final rule mandating ELDs, it relied upon
research indicating that the rule improves CMV safety by improving
compliance with the HOS rules. The rule also reduces the overall
paperwork burden for both motor carriers and drivers.
In its application, FCA provides no analysis of the safety
performance of drivers who would operate using paper RODS under the
exemption. FCA provides no analysis of how the risk of fatigue and
crashes while operating a CMV without an ELD would be equivalent to the
risk posed by operating a vehicle with one installed.
The FCA application does not consider practical alternatives or
provide an analysis of the safety impacts the requested exemption may
cause. It also does not provide countermeasures to be undertaken to
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 regulation. Furthermore, based on the information provided in
their application, FCA may qualify for the general short-haul (8 days
in 30) exemption from ELDs. For these reasons, FMCSA denies FCA's
request for an exemption.
Issued on: April 8, 2019.
Raymond P. Martinez,
Administrator.
[FR Doc. 2019-07436 Filed 4-12-19; 8:45 am]
BILLING CODE 4910-EX-P