82 FR 31796 - Hours of Service of Drivers: Application for Exemption; Pipe Line Contractors Association (PLCA)
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 82, Issue 130 (July 10, 2017)
Federal Motor Carrier Safety Administration
Federal Register Volume 82, Issue 130 (July 10, 2017)
| Page Range | 31796-31798 | |
| FR Document | 2017-14263 |
[Federal Register Volume 82, Number 130 (Monday, July 10, 2017)] [Notices] [Pages 31796-31798] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-14263] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2017-0175] Hours of Service of Drivers: Application for Exemption; Pipe Line Contractors Association (PLCA) AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of application for exemption; request for comments. ----------------------------------------------------------------------- SUMMARY: FMCSA announces that the Pipe Line Contractors Association (PLCA) 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) no later than December 18, 2017. PLCA requests the exemption for all pipeline contractor vehicle drivers. These drivers typically utilize the short-haul exception to the logging requirement, which also exempts them from using ELDs. Sometimes, however, they may exceed the conditions of the short-haul exception more than 8 days in a 30-day period, which would subject them to the ELD rule. PLCA's exemption request is addressed to that situation. These drivers would remain subject to the standard HOS limits and maintain a paper record of duty status (RODS) for HOS compliance. PLCA believes that the exemption, if granted, will achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent the exemption. The term of the requested exemption is 5 years. FMCSA requests public comment on PLCA's application for exemption. DATES: Comments must be received on or before August 9, 2017. ADDRESSES: You may submit comments identified by Federal Docket Management System (FDMS) Number FMCSA-2017-0175 by any of the following methods:Federal eRulemaking Portal: www.regulations.gov. See the Public 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: For information concerning this notice, contact Mr. Tom Yager, Chief, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 614-942-6477. 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-2017-0175), 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-2017-0175'' in the ``Keyword'' box, and click ``Search.'' When the new screen [[Page 31797]] 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 The PLCA is an industry trade association that negotiates labor agreements, encourages safe practices in pipeline construction, and seeks the resolution of problems common to those in the pipeline construction industry. PLCA has been in existence since 1948 and currently has 77 members who employ approximately 30,000 to 40,000 workers depending upon the level of pipeline work in any year. Pipeline jobs range from construction of major interstate and intrastate pipelines to maintenance and repair work for utilities. In 2016, their contractors worked on over 750 pipeline projects across the U.S. PLCA contractors hire workers on a project-by-project basis, with workers often employed on multiple jobs each year in different states. Pipeline projects are often short-duration projects lasting for only 4- 6 weeks. Pipeline contractors hire dozens of different short-term personnel to support any given project. PLCA contractors own different types of commercial motor vehicles (CMVs), including flatbed trucks that haul heavy equipment, dump trucks, skid trucks, water trucks, pilot cars, and buses that transport workers from the daily assembly points to the pipeline right-of-way. A significant number of the vehicles owned by pipeline contractors require a commercial driver's license (CDL) to operate. The standard practice is for workers to begin each workday at a designated assembly point, which typically is 10-50 miles away from a pipeline right-of- way. The workers who operate heavy equipment typically are transported by bus to the pipeline right-of-way. The drivers of the flatbed trucks move the heavy equipment along the pipeline right-of-way as they complete work on segments of the pipeline. As pipeline contractor drivers work off-road along the length of the pipelines, they typically do not spend much of their work days operating on public roads. The employees who work on pipelines and drive the subject vehicles typically stay in hotels or campers at locations along the pipeline right-of-way. They relocate as they advance in their work along the right-of-way. As they complete work on a segment of the pipeline, they sometimes do not return to the assembly point. Instead, they may end the work day where they finish work and spend the night at a new location farther down the right-of-way. The following day they would meet at a new assembly point. The drivers who would be covered under the exemption operate flatbed trucks that haul heavy equipment, dump trucks, skid trucks, water trucks, pilot cars and buses that transport workers from the daily assembly point to the pipeline right-of-way. These drivers possess CDLs and almost always operate within 100 miles of their assembly point, and meet the other requirements of the short-haul exception in Section 395.1(e)(1). However, the drivers may not return within the 12 hours required for use of the short-haul exemption. While pipeline contractor drivers typically do not exceed the requirements of the short-haul exception more than 8 days in a 30-day period, there may be occasions when they do so. Because pipeline contractors typically hire temporary employees to work on short-term jobs, it would be onerous for contractors to have to purchase ELDs, provide them to temporary employees, train the employees in their usage, and monitor and ensure compliance with the ELD requirement. Pipeline contractors would have to monitor the number of days their drivers exceed the requirements of the short-haul exception, including if a driver exceeded the short haul exception on any days in a rolling 30-day period immediately before the employer hired the driver. PLCA states that ELDs do not offer a safety benefit for pipeline drivers since the drivers spend very little time on public roads and would have to use paper logs to record their duty status in any event. This is in stark contrast to long-haul truck drivers who spend most of their on- duty hours driving their vehicles on public roads. According to PLCA, exempting pipeline contractors from the ELD requirement would have no impact on safety for several reasons. First, drivers would continue to maintain written RODS on any day that they exceed the requirements of the short-haul exemption. Second, pipeline contractor drivers typically spend very little time operating on public roads. Third, pipeline contractors are required to maintain time records for their drivers. Finally, pipeline contractors and drivers otherwise must comply with all the HOS regulations. IV. Method To Ensure an Equivalent or Greater Level of Safety PLCA states that granting this exemption will result in a level of safety that is equal to or greater than the level of safety achieved by complying with the ELD rule. The exemption is requested for pipeline contractor drivers of CMVs. Drivers of pipeline contractor CMVs that require HOS compliance represent a small percentage of trucks on the road; however, the requirements of the ELD rule would impose significant burden on the industry and its customers. By allowing pipeline contractor drivers to continue to operate with paper RODS, PLCA's members and their customers would be able to comply with all Federal and State HOS regulations while continuing to operate efficiently and safely. [[Page 31798]] A copy of PLCA's application for exemption is available for review in the docket for this notice. Issued on: June 30, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017-14263 Filed 7-7-17; 8:45 am] BILLING CODE 4910-EX-P
![31796 Federal Register / Vol. 82, No. 130 / Monday, July 10, 2017 / Notices
process. DOT posts these comments, DEPARTMENT OF TRANSPORTATION • Each submission must include the
without edit, including any personal Agency name and the docket number for
information the commenter provides, to Federal Motor Carrier Safety this notice. Note that DOT posts all
http://www.regulations.gov, as Administration comments received without change to
described in the system of records www.regulations.gov, including any
[Docket No. FMCSA–2017–0175]
notice (DOT/ALL–14 FDMS), which can personal information included in a
be reviewed at http://www.dot.gov/ Hours of Service of Drivers: comment. Please see the Privacy Act
privacy. Application for Exemption; Pipe Line heading below.
Contractors Association (PLCA) Docket: For access to the docket to
Docket: Background documents or read background documents or
comments received may be read at AGENCY: Federal Motor Carrier Safety comments, go to www.regulations.gov at
http://www.regulations.gov at any time. Administration (FMCSA), DOT. any time or visit Room W12–140 on the
Follow the online instructions for ACTION: Notice of application for ground level of the West Building, 1200
accessing the docket or go to the Docket exemption; request for comments. New Jersey Avenue SE., Washington,
Operations in Room W12–140 of the DC, between 9 a.m. and 5 p.m., ET,
West Building Ground Floor at 1200 SUMMARY: FMCSA announces that the Monday through Friday, except Federal
New Jersey Avenue SE., Washington, Pipe Line Contractors Association holidays. The on-line FDMS is available
DC 20590–0001, between 9 a.m. and 5 (PLCA) has requested an exemption 24 hours each day, 365 days each year.
p.m., Monday through Friday, except from the requirement that a motor Privacy Act: In accordance with 5
Federal holidays. carrier install and require each of its U.S.C. 553(c), DOT solicits comments
drivers to use an electronic logging from the public to better inform its
FOR FURTHER INFORMATION CONTACT: Tara device (ELD) to record the driver’s rulemaking process. DOT posts these
Fitzgerald, Federal Aviation hours-of-service (HOS) no later than comments, without edit, including any
Administration, Engine and Propeller December 18, 2017. PLCA requests the personal information the commenter
Directorate, Standards Staff, ANE–112, exemption for all pipeline contractor provides, to www.regulations.gov, as
1200 District Avenue, Burlington, vehicle drivers. These drivers typically described in the system of records
Massachusetts 01803–5529; (781) 238– utilize the short-haul exception to the notice (DOT/ALL–14 FDMS), which can
7130; facsimile: (781) 238–7199; email: logging requirement, which also be reviewed at www.dot.gov/privacy.
tara.fitzgerald@faa.gov. exempts them from using ELDs. FOR FURTHER INFORMATION CONTACT: For
This notice is published pursuant to Sometimes, however, they may exceed information concerning this notice,
14 CFR 11.85. the conditions of the short-haul contact Mr. Tom Yager, Chief, FMCSA
exception more than 8 days in a 30-day Driver and Carrier Operations Division;
Issued in Burlington, Massachusetts, on period, which would subject them to the
June 28, 2017. Office of Carrier, Driver and Vehicle
ELD rule. PLCA’s exemption request is Safety Standards; Telephone: 614–942–
Carlos A. Pestana, addressed to that situation. These 6477. Email: MCPSD@dot.gov. If you
Acting Manager, Engine and Propeller drivers would remain subject to the have questions on viewing or submitting
Directorate, Aircraft Certification Service. standard HOS limits and maintain a material to the docket, contact Docket
paper record of duty status (RODS) for Services, telephone (202) 366–9826.
Petition for Exemption HOS compliance. PLCA believes that
SUPPLEMENTARY INFORMATION:
Docket No.: FAA–2017–0642. the exemption, if granted, will achieve
a level of safety that is equivalent to, or I. Public Participation and Request for
Petitioner: Rolls-Royce plc. greater than, the level that would be Comments
Section(s) of 14 CFR Affected: 14 CFR achieved absent the exemption. The
FMCSA encourages you to participate
33.27 (f)(6). term of the requested exemption is 5
by submitting comments and related
Description of Relief Sought: Rolls- years. FMCSA requests public comment
materials.
Royce plc petitions for exemption from on PLCA’s application for exemption.
§ 33.27 (f)(6) for the Trent 1000–A, –A2, DATES: Comments must be received on Submitting Comments
–AE, –AE2, –AE3, –C, –C2, –CE, –CE2, or before August 9, 2017. If you submit a comment, please
CE3, –D, –D2, –D3, –E, –E2, –G, –G2, ADDRESSES: You may submit comments include the docket number for this
–G3, –H, –H2, –H3, –J2, –J3, –K2, –K3, identified by Federal Docket notice (FMCSA–2017–0175), indicate
–L2, –L3, –M3, –N3, –P3, –Q3, –R3, Management System (FDMS) Number the specific section of this document to
Trent 7000–72, and Trent 7000–72C FMCSA–2017–0175 by any of the which the comment applies, and
engine models to exclude the entire following methods: provide a reason for suggestions or
high-pressure shaft system from failure • Federal eRulemaking Portal: recommendations. You may submit
consideration in determining the www.regulations.gov. See the Public your comments and material online or
highest overspeed that would result Participation and Request for Comments by fax, mail, or hand delivery, but
from a complete loss of load on a section below for further information. please use only one of these means.
turbine rotor. • Mail: Docket Management Facility, FMCSA recommends that you include
U.S. Department of Transportation, 1200 your name and a mailing address, an
[FR Doc. 2017–14391 Filed 7–7–17; 8:45 am]
New Jersey Avenue SE., West Building, email address, or a phone number in the
Ground Floor, Room W12–140, body of your document so the Agency
sradovich on DSK3GMQ082PROD with NOTICES
BILLING CODE 4910–13–P
Washington, DC 20590–0001. can contact you if it has questions
• Hand Delivery or Courier: West regarding your submission.
Building, Ground Floor, Room W12– To submit your comments online, go
140, 1200 New Jersey Avenue SE., to www.regulations.gov and put the
between 9 a.m. and 5 p.m., Monday docket number, ‘‘FMCSA–2017–0175’’
through Friday, except Federal holidays. in the ‘‘Keyword’’ box, and click
• Fax: 1–202–493–2251. ‘‘Search.’’ When the new screen
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![31798 Federal Register / Vol. 82, No. 130 / Monday, July 10, 2017 / Notices
A copy of PLCA’s application for New Jersey Avenue SE., West Building, email address, or a phone number in the
exemption is available for review in the Ground Floor, Room W12–140, body of your document so the Agency
docket for this notice. Washington, DC 20590–0001. can contact you if it has questions
Issued on: June 30, 2017. • Hand Delivery or Courier: West regarding your submission.
Building, Ground Floor, Room W12– To submit your comments online, go
Larry W. Minor,
140, 1200 New Jersey Avenue SE., to www.regulations.gov and put the
Associate Administrator for Policy. docket number, ‘‘FMCSA–2017–0166’’
between 9 a.m. and 5 p.m., Monday
[FR Doc. 2017–14263 Filed 7–7–17; 8:45 am] in the ‘‘Keyword’’ box, and click
through Friday, except Federal holidays.
BILLING CODE 4910–EX–P • Fax: 1–202–493–2251. ‘‘Search.’’ When the new screen
• Each submission must include the appears, click on ‘‘Comment Now!’’
Agency name and the docket number for button and type your comment into the
DEPARTMENT OF TRANSPORTATION text box in the following screen. Choose
this notice. Note that DOT posts all
comments received without change to whether you are submitting your
Federal Motor Carrier Safety
www.regulations.gov, including any comment as an individual or on behalf
Administration
personal information included in a of a third party and then submit. If you
[Docket No. FMCSA–2017–0166] comment. Please see the Privacy Act submit your comments by mail or hand
heading below. delivery, submit them in an unbound
Hours of Service of Drivers: Docket: For access to the docket to format, no larger than 81⁄2 by 11 inches,
Application for Exemption; MBI Energy read background documents or suitable for copying and electronic
Services comments, go to www.regulations.gov at filing. If you submit comments by mail
AGENCY: Federal Motor Carrier Safety any time or visit Room W12–140 on the and would like to know that they
Administration (FMCSA), DOT. ground level of the West Building, 1200 reached the facility, please enclose a
New Jersey Avenue SE., Washington, stamped, self-addressed postcard or
ACTION: Notice of application for
DC, between 9 a.m. and 5 p.m., ET, envelope. FMCSA will consider all
exemption; request for comments. comments and material received during
Monday through Friday, except Federal
SUMMARY: FMCSA announces that MBI holidays. The on-line FDMS is available the comment period and may grant or
Energy Services (MBI) has requested an 24 hours each day, 365 days each year. not grant this application based on your
exemption from the requirement that a Privacy Act: In accordance with 5 comments.
motor carrier install and require each of U.S.C. 553(c), DOT solicits comments II. Legal Basis
its drivers to use an electronic logging from the public to better inform its
FMCSA has authority under 49 U.S.C.
device (ELD) to record the driver’s rulemaking process. DOT posts these
31136(e) and 31315 to grant exemptions
hours-of-service (HOS) no later than comments, without edit, including any
from certain parts of the Federal Motor
December 18, 2017. MBI requests the personal information the commenter
Carrier Safety Regulations (FMCSRs).
exemption for all of its vehicles provides, to www.regulations.gov, as
FMCSA must publish a notice of each
equipped with a single-passenger cab, described in the system of records
exemption request in the Federal
which are used in applications where notice (DOT/ALL–14 FDMS), which can
Register (49 CFR 381.315(a)). The
travel is incidental to normal work be reviewed at www.dot.gov/privacy.
Agency must provide the public an
activities and which require special FOR FURTHER INFORMATION CONTACT: For opportunity to inspect the information
oversize/overweight permits to travel on information concerning this notice, relevant to the application, including
public roads. These vehicles are contact Mr. Tom Yager, Chief, FMCSA any safety analyses that have been
classified in the State of North Dakota Driver and Carrier Operations Division; conducted. The Agency must also
as Special Mobile Equipment (SME). Office of Carrier, Driver and Vehicle provide an opportunity for public
According to MBI, single cabs have Safety Standards; Telephone: 614–942– comment on the request.
reduced space for installing rough- 6477. Email: MCPSD@dot.gov. If you The Agency reviews safety analyses
terrain-capable automatic on-board have questions on viewing or submitting and public comments submitted, and
recording devices (AOBRDs) or ELDs. material to the docket, contact Docket determines whether granting the
MBI believes that the exemption, if Services, telephone (202) 366–9826. exemption would likely achieve a level
granted, would not have any adverse SUPPLEMENTARY INFORMATION: of safety equivalent to, or greater than,
impacts on operational safety, as drivers the level that would be achieved by the
would remain subject to the standard I. Public Participation and Request for
current regulation (49 CFR 381.305).
HOS limits and maintain a paper record Comments
The decision of the Agency must be
of duty status (RODS). The term of the FMCSA encourages you to participate published in the Federal Register (49
requested exemption is 5 years. FMCSA by submitting comments and related CFR 381.315(b)) with the reasons for
requests public comment on MBI’s materials. denying or granting the application and,
application for exemption. if granted, the name of the person or
DATES: Comments must be received on Submitting Comments
class of persons receiving the
or before August 9, 2017. If you submit a comment, please exemption, and the regulatory provision
ADDRESSES: You may submit comments include the docket number for this from which the exemption is granted.
identified by Federal Docket notice (FMCSA–2017–0166), indicate The notice must also specify the
Management System (FDMS) Number the specific section of this document to effective period and explain the terms
which the comment applies, and
sradovich on DSK3GMQ082PROD with NOTICES
FMCSA–2017–0166 by any of the and conditions of the exemption. The
following methods: provide a reason for suggestions or exemption may be renewed (49 CFR
• Federal eRulemaking Portal: recommendations. You may submit 381.300(b)).
www.regulations.gov. See the Public your comments and material online or
Participation and Request for Comments by fax, mail, or hand delivery, but III. Request for Exemption
section below for further information. please use only one of these means. MBI (USDOT 261829) is a provider of
• Mail: Docket Management Facility, FMCSA recommends that you include water management logistics and well-
U.S. Department of Transportation, 1200 your name and a mailing address, an intervention services in North Dakota,
VerDate Sep<11>2014 16:08 Jul 07, 2017 Jkt 241001 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\10JYN1.SGM 10JYN1](https://thefederalregister.org/doc/82_FR_31926/page/3.svg)
Document Created: 2017-07-08 00:55:39
Document Modified: 2017-07-08 00:55:39
| 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 August 9, 2017. | |
| Contact | For information concerning this notice, contact Mr. Tom Yager, Chief, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: 614-942-6477. Email: [email protected] If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. | |
| FR Citation | 82 FR 31796 |
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