June 19, 2014 Docket Management Facility (M-30) U.S. Department of Transportation West Building Ground Floor, Room W12-140 1200 New Jersey Ave., SE Washington, DC 20590-0001 Re: Docket No FMCSA 2010-0167 The International Foodservice Distributors Association (IFDA) submits these comments in response to FMCSA s notice and request for comments titled Electronic Logging Devices and Hours of Service Supporting Documents dated March 28, 2014 (FR Vol. Vol. 79, No. 6). Identification of IFDA Whether you are having dinner at your favorite restaurant with family or friends, or grabbing breakfast on the go, the food you eat away from home was delivered by a foodservice distributor. IFDA members include broadline, systems, and specialty foodservice distributors that supply food and related products to professional kitchens from restaurants, colleges and universities, to hospitals and care facilities, hotels and resorts, and other foodservice operations. IFDA is a trade association representing foodservice distributors throughout the United States and internationally. Our members operate more than 800 distribution facilities with more than $125 billion in annual sales. Member companies collectively employ tens of thousands of professional drivers and operate some of the largest private fleets in the nation. The safety of company employees and the public is of paramount concern to IFDA and its members. The names of our member companies are on their trucks and they are committed to ensuring that these vehicles are operated safely at all times. For this reason, many IFDA members have been early adopters of in-cab video cameras, electronic logging systems and other safety technologies. Supplemental Notice of Proposed Rulemaking The Federal Motor Carrier Safety Administration (FMCSA) proposes to require the use of Electronic Logging Devices (ELDs) in commercial vehicles and establish minimum performance standards. (Supplemental notice of proposed rulemaking; request for comments, Federal Register, March 28, 2014.) Position of IFDA Safety is a key component of each of our member companies fleet management programs and they strive at all times to achieve full compliance with all applicable truck safety regulations. As such IFDA has long supported the use of emerging technologies to improve motor carrier safety. 1410 Spring Hill Road Suite 210 McLean, VA 22102 www.ifdaonline.org 703-532-9400 ph
As noted above our members are early adopters of safety technologies, including the use of onboard logging systems to support hours of service (HOS) compliance. IFDA welcomes the expanded use of these systems throughout the commercial fleet industry. At the same time, however, IFDA members do have some concerns regarding specific elements of the proposed rule. Mandatory use of electronic logging systems As noted above IFDA generally supports the use of new or emerging technologies as a means of improving motor carrier safety. The proposed requirements for ELDs cover most drivers who are currently required to prepare records of duty status (RODs). An exception to the mandate in the proposed rule pertains to drivers who need to use RODS infrequently or intermittently. These drivers would be exempt so long as they are not required to use RODS more than eight days in any 30-day period. The stated purpose of this exemption is to accommodate drivers who may occasionally operate beyond the parameters of those provisions (for example, by operating outside the specified 100- or 150-air-mile radius). IFDA agrees that it is neither appropriate nor necessary for all trucks to be equipped with ELDs nor for all drivers to be subject to RODS requirements. For this reason IFDA supports the agency s proposed exclusion of vehicles of drivers who are not currently, or only occasionally, subject to RODS. Another concern regarding the mandate revolves around rental units used by companies when additional vehicles are required. While these units can be equipped with ELD s they may not be the same system as in use in other company vehicles. This creates a number of questions around issues such as training of drivers and maintenance of records for a driver using multiple systems within the same weekly timeframe. IFDA urges the agency to recognize that such events are a routine aspect of daily fleet operations and to allow flexibility for companies and drivers within the final rule. Compliance timeline Under the proposed rule, fleets will generally have two years to come into compliance once the rules are finalized. Fleets currently using certain existing recording devices will be allowed an extra two years to comply. (Four years after publication of a final rule.) IFDA does not believe this timeline provides a sufficient interval for all affected parties to comply with changes significantly impacting the marketplace for e-logging systems. To our knowledge there are few if any products currently on the market that meet all of the proposed technical requirements. Vendors will need time to write code, test and verify systems. Since changes may yet be made to technical specs in the course of finalizing the rule, this process cannot begin until a final rule is published. Moreover, the demand created by a federal mandate could well overwhelm the capacity of suppliers to respond with offerings that meet the new standards.
Added to this is the need to provide installation, training and service support; especially to smaller fleets that lack in-house resources. Hence, it is very unclear how many providers will be in a position to meet the new standards and offer a sufficient quantity of certified systems and support within the proposed timeframe. Additionally, fleets that already employ electronic tracking will need adequate time to integrate compliant systems. For these reasons, IFDA proposes that the general compliance deadline should be four, and not two, years after publication of a final rule. In addition, trucks already equipped with logging systems should be grandfathered for the life of the vehicle. Performance and design specification The proposed rule provides insufficient allowance for those fleets that have already invested heavily in e-logging devices or platforms. Because none of the systems currently in use apparently meet all the proposed standards, all will likely require some kind of modification or replacement. Some ELDs currently in use likely cannot meet the new requirements by software upgrades alone and will need to be scrapped in favor of entirely new systems While IFDA generally supports greater use of technology to meet regulatory requirements, we are concerned regarding a mandate that would render current systems inadequate. As stated earlier, it is IFDA s belief that no current products would meet the performance and design specifications outlined in the SNPRM. IFDA strongly urges FMCSA to provide flexibility in the performance and design specification requirements and to grandfather current systems. Member companies who have already implemented these devices should be recognized for their proactive efforts not penalized by being forced to purchase new systems. In particular, we see concerns with the 60 minute recording location requirement, communications methods and indications of sensor failure that do not appear to be currently standard technology. FMCSA s desire to mandate such processes for their own regulatory purposes does not create a sufficient safety benefit to justify the expense that would be created by these compliance requirements. IFDA appreciates that the agency has generally chosen performance-based technical standards that can accommodate a wide range of products and providers. We believe this will provide flexibility to both fleets and manufacturers, promote competition in the marketplace and help control costs. However, as the agency concedes, it proposes specific standard data formats and outputs that ELD providers would need to use to transfer, initialize, or upload data between systems or to authorized safety officials. IFDA objects to two of these requirements: First, we believe the requirement that systems utilize a standardized single-step driver interface for compilation of driver s ELD records and initiation of the data transfer to authorized safety officials is unnecessary and overly prescriptive. Many devices currently in use require the driver to perform more than a single step to display the information. However, systems that require more than a single step do not pose a significant burden for drivers or enforcement officials and do not appear to compromise safety in any way. IFDA urges the agency to remove the reference to a single step interface.
Similarly, IFDA opposes the requirement for a graphic display or printout. Again, many systems currently in use do not employ these features and it would not appear to be necessary for compliance or enforcement purposes. IFDA believes that the requirements for both a single step and graphical display system would add additional and unnecessary costs without any commensurate safety value. Requirements concerning HOS supporting documents IFDA believes the proposed requirement that fleets continue to maintain extensive supporting documents for each driver as back up for ELD data is overly broad and is self-defeating. What FMCSA mistakenly characterizes as a modest proposal to provide clarification and somewhat limit the number of documents that have to be maintained does little to relieve fleet operators of the administrative and cost burdens of paperwork retention; one of the principal benefits of e-logging systems. The near-universal application of ELD systems employing location and tracking functions tied to the engine, together with the required security and tamper resistance standards should eliminate the need for this additional paperwork. IFDA proposes that the mandated use of ELDs abrogates the need for supporting documents and recommends that the requirement that carriers maintain them be eliminated concurrent with publication of a final rule. Measures to address concerns about harassment of drivers The proposed rule would explicitly prohibit harassment of drivers; create procedures for drivers to file harassment complaints and establish violation penalties. Harassment is defined as an action by a motor carrier towards a driver employed by the motor carrier involving the use of information available through an ELD that the motor carrier knew, or should have known, would result in the driver violating hours of service and fatigued driving rules. A process would be provided for drivers to file complaints alleging such harassment. IFDA member-companies strive at all times to achieve full compliance with all applicable truck safety regulations. Safety is central to our companies fleet management programs. To the extent harassment of drivers occurs in the broader transportation community, it is unacceptable and should not be tolerated. However, as a practical and legal matter, it may be very difficult to determine what constitutes harassment. Any regulatory prohibition on what may often involve ambiguous circumstances and actions needs to be crafted with care. The definition cited above does not meet this test. What exactly determines a proscribed action on the part of a motor carrier? What is meant by the term involving the use of information? [Emphasis added.] How is it determined what the carrier should have known? The language is a recipe for confusion, legal exposure and frivolous complaints.
IFDA recommends that FMCSA reconsider the proposed definition of harassment and consult with industry partners in developing a more focused and practicable definition that hones in on legitimate safety concerns and preventing abuse. Summary IFDA supports the use of emerging technologies to improve motor carrier safety and welcomes the expanded use of e-logging systems for hours of service compliance. We agree with the agency s proposed exclusion from the proposed rule of drivers who are not currently, or are only occasionally, subject to record of duty status requirements. However, IFDA believes the proposed compliance timeline is insufficient and recommends that the general compliance deadline should be four, and not two, years after publication of a final rule. Trucks already equipped with logging systems should be grandfathered for the life of the vehicle. With respect to technical standards IFDA urges the agency not to mandate new system requirements merely for their own regulatory purposes and to remove the requirements for a single step interface and for a graphic display or printout. IFDA views the mandated use of e-logging systems as eliminating the need for supporting documents and recommends that this requirement be eliminated concurrent with publication of a final rule. Finally, IFDA recommends that FMCSA reconsider the proposed definition of driver harassment and consult with industry partners in developing a definition that more clearly addresses legitimate safety concerns. Respectfully submitted, Jonathan Eisen Senior Vice President, Government Relations