82 FR 31798 - Hours of Service of Drivers: Application for Exemption; MBI Energy Services

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 130 (July 10, 2017)

Page Range		31798-31799
FR Document		2017-14377

FMCSA announces that MBI Energy Services (MBI) 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. MBI requests the exemption for all of its vehicles equipped with a single-passenger cab, which are used in applications where travel is incidental to normal work activities and which require special oversize/overweight permits to travel on public roads. These vehicles are classified in the State of North Dakota as Special Mobile Equipment (SME). According to MBI, single cabs have reduced space for installing rough-terrain-capable automatic on-board recording devices (AOBRDs) or ELDs. MBI believes that the exemption, if granted, would not have any adverse impacts on operational safety, as drivers would remain subject to the standard HOS limits and maintain a paper record of duty status (RODS). The term of the requested exemption is 5 years. FMCSA requests public comment on MBI's application for exemption.

Federal Register, Volume 82 Issue 130 (Monday, July 10, 2017)

[Federal Register Volume 82, Number 130 (Monday, July 10, 2017)]
[Notices]
[Pages 31798-31799]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14377]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0166]


Hours of Service of Drivers: Application for Exemption; MBI 
Energy Services

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

ACTION: Notice of application for exemption; request for comments.

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SUMMARY: FMCSA announces that MBI Energy Services (MBI) 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. MBI requests the exemption for all of its vehicles equipped 
with a single-passenger cab, which are used in applications where 
travel is incidental to normal work activities and which require 
special oversize/overweight permits to travel on public roads. These 
vehicles are classified in the State of North Dakota as Special Mobile 
Equipment (SME). According to MBI, single cabs have reduced space for 
installing rough-terrain-capable automatic on-board recording devices 
(AOBRDs) or ELDs. MBI believes that the exemption, if granted, would 
not have any adverse impacts on operational safety, as drivers would 
remain subject to the standard HOS limits and maintain a paper record 
of duty status (RODS). The term of the requested exemption is 5 years. 
FMCSA requests public comment on MBI'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-2017-0166 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-2017-0166), 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-2017-0166'' in the ``Keyword'' box, and 
click ``Search.'' When the new screen 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

    MBI (USDOT 261829) is a provider of water management logistics and 
well-intervention services in North Dakota,

[[Page 31799]]

South Dakota, Wyoming, Montana, and Colorado. The requested exemption 
would affect 65 MBI Energy Services drivers operating 42 single-cab 
vehicles classified in North Dakota as Special Mobile Equipment (SME). 
These vehicles meet the definition of a commercial motor vehicle (CMV) 
in 49 CFR 390.5 and therefore are subject to the ELD or AOBRD mandate. 
These specialized vehicles perform various work activities in an 
environment where connectivity is limited, working and road conditions 
are rough, and the necessity for driving on public roads is sporadic 
and incidental to the overall work being performed. The vehicles may 
sit on work locations for long periods of time, up to weeks or even 
months. These vehicles are typically oversize and overweight requiring 
special permits for transport. Many States do not require registration, 
as they build the registration fees into the permit process.
    Examples of SMEs meeting the definition of a CMV having a single 
cab include cranes, workover rigs, and swab units. Single cabs have 
reduced space for installing rough-terrain-capable AOBRDs or ELDs. The 
devices used must be capable of satellite communication where cell 
communication is poor to non-existent. The installation of rugged 
logging units, weighing more than typical units used in highway 
applications, would reduce driver visibility in an already large 
vehicle due to the limited space found in single-cab vehicles. 
Additionally, the installation and rough terrain upon which the 
vehicles travel may require a unit being installed over the driver's 
head, increasing the risk of the unit falling on the driver resulting 
in injury or a vehicle accident involving the travelling public.
    While these vehicles normally travel little, business demand may 
require MBI vehicles to move more often than 8 days in a 30-day period, 
the maximum frequency allowed by 49 CFR 395.8(a)(1)(iii)(A)(1) for the 
use of paper RODS instead of ELDs. According to MBI, the current 
regulations do not address circumstances where the vehicle's exemption 
status is sporadic in nature, thus requiring MBI to install an ELD to 
remain compliant during times not covered by the exemption. While 
alternatives exist to industrial-grade logging units, the alternatives 
usually involve cell phones or cell-capable tablets where the terrain 
or remote locations of work may inhibit logging device communication 
for extended periods of time. Many worksites prohibit cell phone usage 
due to safety concerns. Additionally, installations in special vehicles 
will increase costs substantially due to the unusual configurations of 
single cab vehicles requiring specialized wiring harnesses and custom 
installation kits.
    MBI states that the exemption would involve no additional costs 
since current regulations require drivers to manually record duty 
status, and that would not change under the exemption. Companies 
operating single-cab special mobile equipment would realize savings 
compared to the costs incurred to install custom hardware required for 
industrial-grade logging units meeting the ELD mandate and the 
subsequent monthly communication costs. MBI requests a 5-year 
exemption.

IV. Method To Ensure an Equivalent or Greater Level of Safety

    MBI states that it would continue to use paper logs if granted the 
exemption and would require the driver to document on-duty and driving 
times to ensure compliance with the requirements of 49 CFR part 395. 
According to MBI, paper logs would be reviewed daily by supervisory 
personnel to ensure regulatory compliance and appropriate fatigue 
management. Because the vehicles are rarely driven and highly regulated 
by States when being transported, with minimal highway exposure, the 
driving public would not be adversely affected, and the safety of these 
specialized vehicles would not be compromised due to unwieldy device 
installations in an already cramped operator's compartment.
    A copy of MBI's application for exemption is available for review 
in the docket for this notice.

    Issued on: July 3, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-14377 Filed 7-7-17; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 82, No. 130 / Monday, July 10, 2017 / Notices 31799

South Dakota, Wyoming, Montana, and special vehicles will increase costs apportionment for programs funded
Colorado. The requested exemption substantially due to the unusual with Fiscal Year (FY) 2017 contract
would affect 65 MBI Energy Services configurations of single cab vehicles authority.
drivers operating 42 single-cab vehicles requiring specialized wiring harnesses FOR FURTHER INFORMATION CONTACT: For
classified in North Dakota as Special and custom installation kits. general information about this notice
Mobile Equipment (SME). These MBI states that the exemption would contact Kimberly Sledge, Director,
vehicles meet the definition of a involve no additional costs since Office of Transit Programs, at (202) 366–
commercial motor vehicle (CMV) in 49 current regulations require drivers to 2053. Please contact the appropriate
CFR 390.5 and therefore are subject to manually record duty status, and that FTA regional office for any specific
the ELD or AOBRD mandate. These would not change under the exemption. requests for information or technical
specialized vehicles perform various Companies operating single-cab special assistance. A list of FTA regional offices
work activities in an environment where mobile equipment would realize savings and contact information is available on
connectivity is limited, working and compared to the costs incurred to install the FTA Web: www.transit.dot.gov.
road conditions are rough, and the custom hardware required for
necessity for driving on public roads is SUPPLEMENTARY INFORMATION:
industrial-grade logging units meeting
sporadic and incidental to the overall the ELD mandate and the subsequent I. Overview
work being performed. The vehicles monthly communication costs. MBI Funding appropriated to FTA’s public
may sit on work locations for long requests a 5-year exemption. transportation assistance programs
periods of time, up to weeks or even
IV. Method To Ensure an Equivalent or under the Further Continuing and
months. These vehicles are typically
Greater Level of Safety Security Assistance Appropriations Act,
oversize and overweight requiring
special permits for transport. Many MBI states that it would continue to 2017 (Pub. L. 114–254) expired on April
States do not require registration, as use paper logs if granted the exemption 28, 2017. Since that time, Congress has
they build the registration fees into the and would require the driver to enacted the Consolidated
permit process. document on-duty and driving times to Appropriations Act, 2017, Public Law
Examples of SMEs meeting the ensure compliance with the 115–31 on May 5, 2017 (Appropriations
definition of a CMV having a single cab requirements of 49 CFR part 395. Act, 2017) that allows FTA to continue
include cranes, workover rigs, and swab According to MBI, paper logs would be its current program funding through
units. Single cabs have reduced space reviewed daily by supervisory September 30, 2017.
for installing rough-terrain-capable The Appropriations Act, 2017 gave
personnel to ensure regulatory
AOBRDs or ELDs. The devices used FTA appropriated resources for
compliance and appropriate fatigue
must be capable of satellite Administrative Expenses, Formula,
management. Because the vehicles are
communication where cell Competitive and Research Programs,
rarely driven and highly regulated by
communication is poor to non-existent. Capital Investment Grants (CIG),
States when being transported, with
The installation of rugged logging units, Technical Assistance and Training
minimal highway exposure, the driving
weighing more than typical units used Programs, grants to the Washington
public would not be adversely affected,
in highway applications, would reduce Metropolitan Area Transportation
and the safety of these specialized
driver visibility in an already large Authority, and other FTA programs
vehicles would not be compromised due
vehicle due to the limited space found totaling $12,414,502,043. The
to unwieldy device installations in an
in single-cab vehicles. Additionally, the Appropriations Act, 2017 provides an
already cramped operator’s
installation and rough terrain upon obligation limitation of $9,733,706,043
compartment.
which the vehicles travel may require a A copy of MBI’s application for of contract authority for FTA programs
unit being installed over the driver’s exemption is available for review in the funded from the Mass Transit Account
head, increasing the risk of the unit docket for this notice. of the Highway Trust Fund,
falling on the driver resulting in injury $2,680,796,000 funded from General
Issued on: July 3, 2017. Fund accounts and an additional
or a vehicle accident involving the
travelling public. Larry W. Minor, $117,839,000 of prior year recovered
While these vehicles normally travel Associate Administrator for Policy. funds for CIG.
little, business demand may require MBI [FR Doc. 2017–14377 Filed 7–7–17; 8:45 am] On January 19, 2017, FTA published
vehicles to move more often than 8 days BILLING CODE 4910–EX–P an apportionments notice that
in a 30-day period, the maximum apportioned approximately 7/12ths of
frequency allowed by 49 CFR the FY 2017 authorized contract
395.8(a)(1)(iii)(A)(1) for the use of paper DEPARTMENT OF TRANSPORTATION authority among potential program
RODS instead of ELDs. According to recipients based on contract authority
MBI, the current regulations do not Federal Transit Administration that was available from October 1, 2016
address circumstances where the through April 28, 2017 (82 FR 12). That
vehicle’s exemption status is sporadic in FTA Supplemental Fiscal Year (FY) notice also provided relevant
nature, thus requiring MBI to install an 2017 Apportionments, Allocations, and information about the FY 2017 funding
ELD to remain compliant during times Program Information available and grant management and
not covered by the exemption. While AGENCY: Federal Transit Administration application procedures. A copy of that
alternatives exist to industrial-grade (FTA), DOT. notice and accompanying tables can be
sradovich on DSK3GMQ082PROD with NOTICES

logging units, the alternatives usually ACTION: Notice. found on the FTA Web:
involve cell phones or cell-capable www.transit.dot.gov/funding/
tablets where the terrain or remote SUMMARY: The Federal Transit apportionments.
locations of work may inhibit logging Administration (FTA) annually This document provides notice to
device communication for extended publishes one or more notices to stakeholders that FTA is apportioning
periods of time. Many worksites apportion funds appropriated by law. the remainder of the full-year FY 2017
prohibit cell phone usage due to safety This is the second notice which authorized contract authority through
concerns. Additionally, installations in announces the remaining September 30, 2017—among potential

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Document Created: 2017-07-08 00:55:31
Document Modified: 2017-07-08 00:55:31

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 31798

82 FR 31798 - Hours of Service of Drivers: Application for Exemption; MBI Energy Services

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 130 (July 10, 2017)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration