80 FR 53384 - Pipe Line Contractors Association; United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry; Application for Exemption
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 80, Issue 171 (September 3, 2015)
Federal Motor Carrier Safety Administration
Federal Register Volume 80, Issue 171 (September 3, 2015)
| Page Range | 53384-53385 | |
| FR Document | 2015-21893 |
[Federal Register Volume 80, Number 171 (Thursday, September 3, 2015)] [Notices] [Pages 53384-53385] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-21893] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2015-0267] Pipe Line Contractors Association; United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry; Application for Exemption AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of application for exemption; request for comments. ----------------------------------------------------------------------- SUMMARY: FMCSA announces that it has received a joint application from the Pipe Line Contractors Association (PLCA) and the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL-CIO (UA), for an exemption from Parts 391, 392, 393, 395 and 396 of the Federal Motor Carrier Safety Regulations (FMCSRs). The exemption would be available to motor carriers and drivers operating commercial motor vehicles (CMV) weighing less than 15,000 pounds while engaged in pipeline-welding operations. FMCSA requests public comment on this joint application for exemption. DATES: Comments must be received on or before October 5, 2015. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket ID, FMCSA-2015-0267 using any of the following methods:Federal eRulemaking Portal: Go to www.regulations.gov. Follow the on-line instructions for submitting comments. 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., Washington, DC, between 9 a.m. and 5 p.m., ET, 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 online FDMS is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a self-addressed, stamped envelope or postcard or print the acknowledgment page that appears after submitting comments on-line. 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. [[Page 53385]] FOR FURTHER INFORMATION CONTACT: Mr. Robert Schultz, Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards, FMCSA; Telephone: 202-366-4325. 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 parts of the Federal Motor Carrier Safety Regulations. 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 regulations (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)), but only after the public is provided the opportunity to comment on the renewal. Request for Exemption UA and PLCA, the applicants, jointly seek exemption from part 391, ``Qualifications of Drivers,'' part 392, ``Driving of Commercial Motor Vehicles,'' part 393 ``Parts and Accessories Necessary for Safe Operation,'' and part 395, ``Hours of Service of Drivers.'' The regulations from which the applicants seek exemption apply only to drivers and motor carriers operating in interstate commerce. According to UA and PLCA, welders ``live in various states and travel from job to job, often across state lines,'' but the applicants did not otherwise address the question whether pipeline welders operate in interstate commerce. The complete application is available in the docket referred to at the beginning of this notice. UA is a trade union whose membership includes approximately 3,500 welders who are employed by companies engaged in the construction, repair and maintenance of pipelines. The typical welder owns a heavy- duty pickup truck equipped with welding equipment and weighing less than 15,000 pounds that he or she drives to the work site. The pipeline-construction companies employing the drivers are members of PLCA, a trade association. According to the joint application for exemption, pipeline contractors typically hire 10 to 12 welders for a specific location and the employment usually lasts 4 to 6 weeks. PLCA states that its contractors were involved in approximately 500 such projects in 2014. For many welders, the truck is the sole vehicle they have; they use it for personal errands and other everyday use when they are not on the job. The applicants state that the pipeline contractor hiring the welder enters into a lease for use of the truck for the period of the welder's employment. It also agrees to pay an hourly fee for the time during which the welding equipment is actually in use. Pipeline projects are typically located in remote areas served by right-of-ways that are not open to the public. As described in the application, at the beginning of the day, welders typically drive their welding vehicle to a prearranged ``assembly point'' that is usually about 10 miles from the pipeline right of way. After driving their vehicle 10 miles on public roads, welders enter the pipeline right-of- way at the project site and do not usually return to the public roads until the end of the workday. The applicants state that even the largest pipeline projects do not exceed 100 miles in length. The typical workday for a welder includes significant ``waiting time'' in the remote area because welders often have to wait for other work to be completed before they can weld. Welders typically work 10 hours a day, 6 days a week. The FMCSRs place responsibility upon motor carriers to ensure the safety of the vehicles they place into commerce. The applicants state that it is not practical for the pipeline contractors to be responsible for inspection of the welding-vehicles because the vehicles remain under control of the welders at all times. They cite terms of the collective bargaining agreement requiring the welders to maintain their vehicle in safe condition, and point out that PLCA provides safety training to its members and their drivers. They also contend that the FMCSRs should not apply to the operation of the welding CMVs because these vehicles must pass state inspections applicable to passenger vehicles. The FMCSRs place various responsibilities upon motor carriers relative to the qualifications and health of the drivers it permits to operate CMVs in interstate commerce. The applicants contend that because pipeline-construction companies hire welders temporarily-- usually for 6 weeks or less--it is not practical for them to comply with regulatory requirements pertaining to driver qualification files and driver hours of service. Pipeline-welders are often also motor carriers as that term is defined by the FMCSRs. The welders assert that it is not practical for them to comply with the FMCSRs because they are sole proprietors and it is too taxing for them to keep up with all the requirements of the FMCSRs. They further contend that welding CMVs are seldom on public roads and that ``DOT officials and officers'' apply truck safety rules inconsistently when they encounter welding vehicles on public roads. Request for Comments In accordance with 49 U.S.C. 31136(e) and 31315(b)(4), FMCSA requests public comment on the joint application of UA and the PLCA for exemption from part 391, ``Qualifications of Drivers,'' part 392, ``Driving of Commercial Motor Vehicles,'' part 393 ``Parts and Accessories Necessary for Safe Operation,'' and part 395, ``Hours of Service of drivers.'' The Agency will consider all comments received by close of business on October 5, 2015. Comments will be available for examination in the docket at the location listed under the ADDRESSES section of this notice. Issued on: August 28, 2015. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2015-21893 Filed 9-2-15; 8:45 am] BILLING CODE 4910-EX-P
![53384 Federal Register / Vol. 80, No. 171 / Thursday, September 3, 2015 / Notices
16517; 64 FR 27027; 64 FR 51568; 66 FR text box in the following screen. Choose Plumbing and Pipe Fitting Industry of
30502; 66 FR 41654; 66 FR 41656; 66 FR whether you are submitting your the United States and Canada, AFL-CIO
48504; 68 FR 19598; 68 FR 33570; 68 FR comment as an individual or on behalf (UA), for an exemption from Parts 391,
37197; 68 FR 44837; 68 FR 48989; 68 FR of a third party and then submit. If you 392, 393, 395 and 396 of the Federal
54775; 70 FR 2701; 70 FR 16887; 70 FR submit your comments by mail or hand Motor Carrier Safety Regulations
30999; 70 FR 42615; 70 FR 46567; 70 FR delivery, submit them in an unbound (FMCSRs). The exemption would be
53412; 72 FR 39879; 72 FR 52419; 72 FR format, no larger than 81⁄2 by 11 inches, available to motor carriers and drivers
62896; 74 FR 43221; 76 FR 53708; 78 FR suitable for copying and electronic operating commercial motor vehicles
78477). Each of these 13 applicants has filing. If you submit comments by mail (CMV) weighing less than 15,000
requested renewal of the exemption and and would like to know that they pounds while engaged in pipeline-
has submitted evidence showing that reached the facility, please enclose a welding operations. FMCSA requests
the vision in the better eye continues to stamped, self-addressed postcard or public comment on this joint
meet the requirement specified at 49 envelope. FMCSA will consider all application for exemption.
CFR 391.41(b)(10) and that the vision comments and material received during DATES: Comments must be received on
impairment is stable. In addition, a the comment period and may change or before October 5, 2015.
review of each record of safety while this notice based on your comments. ADDRESSES: You may submit comments
driving with the respective vision bearing the Federal Docket Management
Viewing Comments and Documents
deficiencies over the past two years System (FDMS) Docket ID, FMCSA–
indicates each applicant continues to To view comments, as well as any 2015–0267 using any of the following
meet the vision exemption documents mentioned in this preamble methods:
requirements. as being available in the docket, go to • Federal eRulemaking Portal: Go to
These factors provide an adequate http://www.regulations.gov and in the www.regulations.gov. Follow the on-line
basis for predicting each driver’s ability search box insert the docket number, instructions for submitting comments.
to continue to drive safely in interstate ‘‘FMCSA–1998–4334; FMCSA–1999– • Mail: Docket Management Facility;
commerce. Therefore, FMCSA 5578; FMCSA–2001–9561; FMCSA– U.S. Department of Transportation, 1200
concludes that extending the exemption 2003–14504; FMCSA–2003–15268; New Jersey Avenue SE., West Building
for each renewal applicant for a period FMCSA–2005–20027; FMCSA–2005– Ground Floor, Room W12–140,
of two years is likely to achieve a level 21254; FMCSA–2007–27897’’ in the Washington, DC 20590–0001.
of safety equal to that existing without ‘‘Keyword’’ box and click ‘‘Search.’’ • Hand Delivery or Courier: West
the exemption. Next, click ‘‘Open Docket Folder’’ Building Ground Floor, Room W12–140,
button choose the document listed to 1200 New Jersey Avenue SE.,
IV. Public Participation and Request for review. If you do not have access to the
Comments Washington, DC, between 9 a.m. and 5
Internet, you may view the docket p.m., ET, Monday through Friday,
FMCSA encourages you to participate online by visiting the Docket except Federal Holidays.
by submitting comments and related Management Facility in Room W12–140 • Fax: 1–202–493–2251.
materials. on the ground floor of the DOT West Each submission must include the
Building, 1200 New Jersey Avenue SE., Agency name and the docket number for
Submitting Comments
Washington, DC 20590, between 9 a.m. this notice. Note that DOT posts all
If you submit a comment, please and 5 p.m., e.t., Monday through Friday, comments received without change to
include the docket number for this except Federal holidays. www.regulations.gov, including any
notice (FMCSA–1998–4334; FMCSA– personal information included in a
Issued on: August 24, 2015.
1999–5578; FMCSA–2001–9561; comment. Please see the Privacy Act
Larry W. Minor,
FMCSA–2003–14504; FMCSA–2003– heading below.
15268; FMCSA–2005–20027; FMCSA– Associate Administrator for Policy.
Docket: For access to the docket to
2005–21254; FMCSA–2007–27897), [FR Doc. 2015–21895 Filed 9–2–15; 8:45 am]
read background documents or
indicate the specific section of this BILLING CODE 4910–EX–P comments, go to www.regulations.gov at
document to which each comment any time or visit Room W12–140 on the
applies, and provide a reason for each ground level of the West Building, 1200
suggestion or recommendation. You DEPARTMENT OF TRANSPORTATION New Jersey Avenue SE., Washington,
may submit your comments and Federal Motor Carrier Safety DC, between 9 a.m. and 5 p.m., ET,
material online or by fax, mail, or hand Administration Monday through Friday, except Federal
delivery, but please use only one of holidays. The online FDMS is available
these means. FMCSA recommends that [Docket No. FMCSA–2015–0267] 24 hours each day, 365 days each year.
you include your name and a mailing If you want acknowledgment that we
address, an email address, or a phone Pipe Line Contractors Association; received your comments, please include
number in the body of your document United Association of Journeymen and a self-addressed, stamped envelope or
so the Agency can contact you if it has Apprentices of the Plumbing and Pipe postcard or print the acknowledgment
questions regarding your submission. Fitting Industry; Application for page that appears after submitting
To submit your comment online, go to Exemption comments on-line.
http://www.regulations.gov and put the AGENCY: Federal Motor Carrier Safety Privacy Act: In accordance with 5
docket number, ‘‘FMCSA–1998–4334; Administration (FMCSA), DOT. U.S.C. 553(c), DOT solicits comments
FMCSA–1999–5578; FMCSA–2001– ACTION: Notice of application for from the public to better inform its
tkelley on DSK3SPTVN1PROD with NOTICES
9561; FMCSA–2003–14504; FMCSA– exemption; request for comments. rulemaking process. DOT posts these
2003–15268; FMCSA–2005–20027; comments, without edit, including any
FMCSA–2005–21254; FMCSA–2007– SUMMARY: FMCSA announces that it has personal information the commenter
27897’’ in the ‘‘Keyword’’ box, and click received a joint application from the provides, to www.regulations.gov, as
‘‘Search.’’ When the new screen Pipe Line Contractors Association described in the system of records
appears, click on ‘‘Comment Now!’’ (PLCA) and the United Association of notice (DOT/ALL–14 FDMS), which can
button and type your comment into the Journeymen and Apprentices of the be reviewed at www.dot.gov/privacy.
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![Federal Register / Vol. 80, No. 171 / Thursday, September 3, 2015 / Notices 53385
FOR FURTHER INFORMATION CONTACT: Mr. UA is a trade union whose CMVs because these vehicles must pass
Robert Schultz, Driver and Carrier membership includes approximately state inspections applicable to passenger
Operations Division; Office of Carrier, 3,500 welders who are employed by vehicles.
Driver and Vehicle Safety Standards, companies engaged in the construction, The FMCSRs place various
FMCSA; Telephone: 202–366–4325. repair and maintenance of pipelines. responsibilities upon motor carriers
Email: MCPSD@dot.gov. If you have The typical welder owns a heavy-duty relative to the qualifications and health
questions on viewing or submitting pickup truck equipped with welding of the drivers it permits to operate
material to the docket, contact Docket equipment and weighing less than CMVs in interstate commerce. The
Services, telephone (202) 366–9826. 15,000 pounds that he or she drives to applicants contend that because
SUPPLEMENTARY INFORMATION: the work site. The pipeline-construction pipeline-construction companies hire
companies employing the drivers are welders temporarily—usually for 6
Background members of PLCA, a trade association. weeks or less—it is not practical for
FMCSA has authority under 49 U.S.C. According to the joint application for them to comply with regulatory
31136(e) and 31315 to grant exemptions exemption, pipeline contractors requirements pertaining to driver
from certain parts of the Federal Motor typically hire 10 to 12 welders for a qualification files and driver hours of
Carrier Safety Regulations. FMCSA must specific location and the employment service. Pipeline-welders are often also
publish a notice of each exemption usually lasts 4 to 6 weeks. PLCA states motor carriers as that term is defined by
request in the Federal Register (49 CFR that its contractors were involved in the FMCSRs. The welders assert that it
381.315(a)). The Agency must provide approximately 500 such projects in is not practical for them to comply with
the public an opportunity to inspect the 2014. the FMCSRs because they are sole
information relevant to the application, For many welders, the truck is the proprietors and it is too taxing for them
including any safety analyses that have sole vehicle they have; they use it for to keep up with all the requirements of
been conducted. The Agency must also personal errands and other everyday use the FMCSRs. They further contend that
provide an opportunity for public when they are not on the job. The welding CMVs are seldom on public
comment on the request. applicants state that the pipeline roads and that ‘‘DOT officials and
The Agency reviews safety analyses contractor hiring the welder enters into officers’’ apply truck safety rules
and public comments submitted, and a lease for use of the truck for the period inconsistently when they encounter
determines whether granting the of the welder’s employment. It also welding vehicles on public roads.
exemption would likely achieve a level agrees to pay an hourly fee for the time
of safety equivalent to, or greater than, during which the welding equipment is Request for Comments
the level that would be achieved by the actually in use. In accordance with 49 U.S.C. 31136(e)
current regulations (49 CFR 381.305). Pipeline projects are typically located and 31315(b)(4), FMCSA requests public
The decision of the Agency must be in remote areas served by right-of-ways comment on the joint application of UA
published in the Federal Register (49 that are not open to the public. As and the PLCA for exemption from part
CFR 381.315(b)) with the reasons for described in the application, at the 391, ‘‘Qualifications of Drivers,’’ part
denying or granting the application and, beginning of the day, welders typically 392, ‘‘Driving of Commercial Motor
if granted, the name of the person or drive their welding vehicle to a Vehicles,’’ part 393 ‘‘Parts and
class of persons receiving the prearranged ‘‘assembly point’’ that is Accessories Necessary for Safe
exemption, and the regulatory provision usually about 10 miles from the pipeline Operation,’’ and part 395, ‘‘Hours of
from which the exemption is granted. right of way. After driving their vehicle Service of drivers.’’ The Agency will
The notice must also specify the 10 miles on public roads, welders enter consider all comments received by close
effective period and explain the terms the pipeline right-of-way at the project of business on October 5, 2015.
and conditions of the exemption. The site and do not usually return to the
Comments will be available for
exemption may be renewed (49 CFR public roads until the end of the
examination in the docket at the
381.300(b)), but only after the public is workday. The applicants state that even
location listed under the ADDRESSES
provided the opportunity to comment the largest pipeline projects do not
section of this notice.
on the renewal. exceed 100 miles in length. The typical
workday for a welder includes Issued on: August 28, 2015.
Request for Exemption Larry W. Minor,
significant ‘‘waiting time’’ in the remote
UA and PLCA, the applicants, jointly area because welders often have to wait Associate Administrator for Policy.
seek exemption from part 391, for other work to be completed before [FR Doc. 2015–21893 Filed 9–2–15; 8:45 am]
‘‘Qualifications of Drivers,’’ part 392, they can weld. Welders typically work BILLING CODE 4910–EX–P
‘‘Driving of Commercial Motor 10 hours a day, 6 days a week.
Vehicles,’’ part 393 ‘‘Parts and The FMCSRs place responsibility
Accessories Necessary for Safe upon motor carriers to ensure the safety DEPARTMENT OF TRANSPORTATION
Operation,’’ and part 395, ‘‘Hours of of the vehicles they place into
Service of Drivers.’’ The regulations commerce. The applicants state that it is Federal Motor Carrier Safety
from which the applicants seek not practical for the pipeline contractors Administration
exemption apply only to drivers and to be responsible for inspection of the
motor carriers operating in interstate welding-vehicles because the vehicles [Docket No. FMCSA 2015–0146]
commerce. According to UA and PLCA, remain under control of the welders at Agency Information Collection
welders ‘‘live in various states and all times. They cite terms of the Activities; Extension of a Currently-
tkelley on DSK3SPTVN1PROD with NOTICES
travel from job to job, often across state collective bargaining agreement Approved Information Collection
lines,’’ but the applicants did not requiring the welders to maintain their Request: Training Certification for
otherwise address the question whether vehicle in safe condition, and point out Entry-Level Commercial Motor Vehicle
pipeline welders operate in interstate that PLCA provides safety training to its Operators
commerce. The complete application is members and their drivers. They also
available in the docket referred to at the contend that the FMCSRs should not AGENCY:Federal Motor Carrier Safety
beginning of this notice. apply to the operation of the welding Administration (FMCSA), DOT.
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Document Created: 2015-12-15 09:56:38
Document Modified: 2015-12-15 09:56:38
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of application for exemption; request for comments. | |
| Dates | Comments must be received on or before October 5, 2015. | |
| Contact | Mr. Robert Schultz, Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards, FMCSA; Telephone: 202-366-4325. Email: [email protected] If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. | |
| FR Citation | 80 FR 53384 |
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