[Federal Register: January 9, 2009 (Volume 74, Number 6)]
[Notices]               
[Page 980]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09ja09-81]                         

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2003-15818]

 
Exemption To Allow Werner Enterprises, Inc. To Use Global 
Positioning System (GPS) Technology To Monitor and Record Drivers' 
Hours of Service

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

ACTION: Notice.

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SUMMARY: FMCSA announces that Werner Enterprises, Inc.'s (Werner's) 
exemption from the Agency's regulatory requirements regarding Automatic 
On-Board Recording Devices is no longer required for the Werner 
Paperless Log System (WPLS). Based on information provided by Werner, 
the Agency has determined that the exemption is no longer required due 
to recent technological changes in the WPLS.

DATES: This notice is effective January 9, 2009.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, FMCSA Driver 
and Carrier Operations Division, Office of Bus and Truck Standards and 
Operations: Telephone: 202-366-4325. E-mail: MCPSD@dot.gov.

SUPPLEMENTARY INFORMATION:

Prior Werner Exemption

    Following public notice and comment, on September 21, 2004, FMCSA 
granted Werner a 2-year exemption from the requirement that its 
commercial motor vehicle (CMV) drivers prepare handwritten records of 
duty status (49 CFR 395.8) or use an Automatic On-Board Recording 
Device (AOBRD) (49 CFR 395.15). A determination was made that the 
Global Positioning System (GPS) technology and complementary safety 
management computer systems in the Werner Paperless Log System (WPLS) 
would achieve the requisite level of safety. At that time, the primary 
reason for the exemption was that the Werner system was not integrally 
synchronized with the CMV as required by the definition of an AOBRD in 
49 CFR 395.2. Certain information regarding miles driven and road speed 
was obtained from the GPS. The exemption was effective on September 21, 
2004 and expired on September 21, 2006 (69 FR 56474).
    In 2006, Werner applied for renewal of this exemption. Under 49 
U.S.C. 31315 and 31136(e), FMCSA may renew an exemption for a period of 
up to 2 years if it finds ``* * *such exemption would likely achieve a 
level of safety that is equivalent to, or greater than, the level that 
would be achieved absent such exemption.* * *'' FMCSA evaluated 
Werner's application, and in a September 7, 2006 notice, announced its 
decision to renew Werner's exemption for 2 years (71 FR 52846).

Request for Determination

    In July 2008, Werner requested that FMCSA review the modified WPLS 
to determine whether an exemption is still necessary. Werner advised 
that changes made in the WPLS have brought it into compliance with 49 
CFR 395.15, and provided detailed information to FMCSA in support of 
its request.
    A subsequent analysis of technical compliance with 49 CFR 395.15 
was undertaken by FMCSA based on Werner's documentation. Regarding the 
primary issue of integral synchronization with the CMV to record engine 
use, road speed, miles driven, and date and time of day, Werner 
responded that except for date and time of day, all of this data is now 
obtained directly from the engine control module of the CMV. The date 
and time of day are obtained from the computer-satellite link. The GPS 
capability is only used to establish vehicle location, as permitted by 
49 CFR 395.15.

FMCSA Determination

    Based on the information provided by Werner, FMCSA has determined 
that the WPLS is in compliance with 49 CFR 395.15, and Werner no longer 
requires an exemption for use of the WPLS.

    Issued on: December 29, 2008.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
 [FR Doc. E9-192 Filed 1-8-09; 8:45 am]

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