82 FR 43283 - Hours of Service of Drivers: Application for Exemption; Power and Communication Contractors Association (PCCA)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 177 (September 14, 2017)

Page Range		43283-43285
FR Document		2017-19512

FMCSA announces that the Power and Communication Contractors Association (PCCA) 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. PCCA requests the exemption for all operators of a commercial motor vehicle (CMV) in the power and communications construction industry. Construction contractors spend considerable time working off-road on varying jobsites, and a single CMV may have several different drivers over the course of a day, moving the vehicle short distances around the jobsite. Because of the limited time within a workday that their drivers spend driving on public roads, PCCA states that ELD and record of duty status (RODS) requirements for drivers in their industries do not result in a significant safety benefit. PCCA's drivers would remain subject to the standard HOS limits and maintain a paper RODS for HOS compliance. PCCA 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. FMCSA requests public comment on PCCA's application for exemption.

Federal Register, Volume 82 Issue 177 (Thursday, September 14, 2017)

[Federal Register Volume 82, Number 177 (Thursday, September 14, 2017)]
[Notices]
[Pages 43283-43285]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-19512]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0243]


Hours of Service of Drivers: Application for Exemption; Power and 
Communication Contractors Association (PCCA)

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

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

-----------------------------------------------------------------------

SUMMARY: FMCSA announces that the Power and Communication Contractors 
Association (PCCA) 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. PCCA requests the exemption for 
all operators of a commercial motor vehicle (CMV) in the power and 
communications construction industry. Construction contractors spend 
considerable time working off-road on varying jobsites, and a single 
CMV may have several different drivers over the course of a day, moving 
the vehicle short distances around the jobsite. Because of the limited 
time within a workday that their drivers spend driving on public roads, 
PCCA states that ELD and record of duty status (RODS) requirements for 
drivers in their industries do not result in a significant safety 
benefit. PCCA's drivers would remain subject to the standard HOS limits 
and maintain a paper RODS for HOS compliance. PCCA 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. FMCSA requests public comment on PCCA's application for 
exemption.

DATES: Comments must be received on or before October 16, 2017.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Number FMCSA-2017-0243 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

[[Page 43284]]

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-2017-0243), 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-2017-0243'' 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

    The PCCA represents contractors, manufacturers, and distributors 
who build and repair America's power and communications infrastructure, 
including electric transmission, distribution, and substation 
facilities and broadband, telephone, and cable television systems. PCCA 
members also engage in directional drilling, local area and premises 
wiring, and improvements to water and sewer infrastructure, as well as 
gas and oil pipelines. While PCCA is not aware of a confirmed, finite 
number of drivers in the power and communication construction industry, 
they believe there are tens of thousands of them across the U.S. These 
are construction workers--driving is incidental to their core job 
function.
    PCCA contractors maintain a wide range of different vehicles, 
including dump trucks, water-related vehicles, skid trucks, and 
flatbeds used to carry heavy excavation equipment. Buses are also used 
to transport workers to and from a construction jobsite.
    The exemption would apply to drivers in the power and 
communications construction industry, who operate under significantly 
different circumstances than interstate truck drivers. CMV operators 
working on broadband and/or electric infrastructure projects commonly 
drive multiple vehicles for short distances within a single day, and a 
single vehicle is often driven by multiple drivers.
    Numerous exemptions to the ELD and RODS requirements are available 
depending on varying job functions, including for those operating 8 
days in 30-day period, short haul 100 air-mile rule, 150 air-mile rule, 
utility service vehicle (USV) exemption, ready mix trucks, pipeline 
welders, etc. The complexity of navigating the ELD and RODS 
requirements and exemptions make compliance difficult, exposing their 
drivers to unknowing violations. According to PCCA, application of 
these requirements to their drivers is confusing even for law 
enforcement officials. When contrasted against the requirements' 
minimal benefit to the safety of their drivers, application of the ELD 
and RODS requirements to their construction personnel proves to be 
quite unnecessary.
    Drivers in the power and communication construction industry 
commonly operate under the USV exemption as defined under Sec.  395.2 
of FMCSRs, which exempts drivers of a USV ``used in the furtherance of 
repairing, maintaining, or operating any structures or any other 
physical facilities necessary for the delivery of public utility 
services, including the furnishing of electric, gas, water, sanitary 
sewer, telephone, and television cable or community antenna service.'' 
Requiring installation of ELD technology in USVs operated in an 
industry that is normally exempt from HOS requirements because of the 
critical nature of its work presents an unnecessary burden.
    PCCA's application requests an exemption from requirements to use 
ELDs in lieu of written logs to document their RODS under 49 CFR 
395.8(a). The exemption they are requesting would be limited to their 
drivers: (1) Who are on duty no more than 14 hours per day; (2) Who 
drive less than 200 miles per day, regardless of start and stop 
location; and (3) For whom the driving of CMVs is incidental to their 
core employment.

[[Page 43285]]

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

    According to PCCA, exempting power and communication contractors 
from ELD requirements would not compromise the safety of drivers in the 
industry in any way. All rules related to the short-haul exemption 
would still apply, and drivers would continue to comply with written 
RODS requirements when short-haul limitations are exceeded. Unlike 
long-haul interstate truckers, drivers in the construction industry 
meet a variety of job functions and spend the vast majority of their 
time on a jobsite within a short distance of their daily assembly 
point, not on public roads and highways. Power and communication 
contractors would continue to meet all other HOS requirements overseen 
by FMCSA.
    PCCA believes an equivalent level of safety will be achieved if 
drivers in the power and communication construction industry are exempt 
from ELD requirements as described above.
    A copy of PCCA's application for exemption is available for review 
in the docket for this notice.

    Issued on: September 8, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-19512 Filed 9-13-17; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 82, No. 177 / Thursday, September 14, 2017 / Notices 43283

327. Notice is hereby given that the 3. Safe, Accountable, Flexible, SUMMARY: FMCSA announces that the
Caltrans, U.S. Environmental Protection Efficient Transportation Equity Act: A Power and Communication Contractors
Agency (USEPA), and U.S. Fish and Legacy for Users (SAFETEA–LU); Association (PCCA) has requested an
Wildlife Service (FWS) has taken final 4. Department of Transportation Act exemption from the requirement that a
agency actions subject to 23 U.S.C. of 1966; motor carrier install and require each of
139(l)(1) by issuing licenses, permits, 5. Federal Aid Highway Act of 1970; its drivers to use an electronic logging
and approvals for the following highway 6. Clean Air Act (CAA) Amendments device (ELD) to record the driver’s
project in the State of California: The of 1990; hours-of-service (HOS) no later than
project is located in San Diego County 7. Clean Water Act (CWA) of 1977 and December 18, 2017. PCCA requests the
at the I–5/SR 56 Interchange near 1987; exemption for all operators of a
Carmel Valley Road in San Diego from 8. Federal Water Pollution Control commercial motor vehicle (CMV) in the
postmile (PM) I–5: R32.7 to R34.8 and Act of 1972; power and communications
SR 56: 0.00 to 2.5. The proposed project 9. Endangered Species Act of 1973; construction industry. Construction
includes improvements to maintain or 10. Migratory Bird Treaty Act; contractors spend considerable time
improve the existing and future traffic 11. Farmland Protection Policy Act of working off-road on varying jobsites,
operations on the I–5 and SR 56 1981; and a single CMV may have several
corridors. The preferred alternative 12. Title VI of the Civil Rights Act of different drivers over the course of a
consists adding the two missing 1964; day, moving the vehicle short distances
connectors (I–5 Southbound to SR 56 13. Uniform Relocation Assistance around the jobsite. Because of the
Eastbound and SR 56 Westbound to I– and Real Property Acquisition Act of limited time within a workday that their
5 Northbound). The Del Mar Heights 1970; drivers spend driving on public roads,
Overcrossing will be replaced with 14. National Historic Preservation Act PCCA states that ELD and record of duty
pedestrian enhancements and improved (NHPA) of 1966; status (RODS) requirements for drivers
lighting. The Carmel Valley Road will 15. Historic Sites Act of 1935; in their industries do not result in a
be widened from three to four lanes by 16. Resource Conservation and significant safety benefit. PCCA’s
the I–5 off-ramp and will be widened Recovery Act of 1976; drivers would remain subject to the
from six lanes to eight lanes from I–5 17. Community Environmental standard HOS limits and maintain a
and El Camino Real. Relocation of the Response Facilitation Act (CERFA) of paper RODS for HOS compliance. PCCA
AT&T-owned transcontinental fiber- 1992; believes that the exemption, if granted,
18. Executive Order 11990, Protection
optic line that currently parallels I–5 will achieve a level of safety that is
of Wetlands;
between Carmel Valley Road and Del equivalent to, or greater than, the level
19. Executive Order 13112, Invasive
Mar Heights Road to within High Bluff that would be achieved absent the
Species;
Drive and El Camino Real. In addition exemption. FMCSA requests public
20. Executive Order 11988,
the project includes: Auxiliary lanes; comment on PCCA’s application for
Floodplain Management; and,
sound walls; retaining walls, barriers, exemption.
21. Executive Order 12898,
guard rails/end treatments, crash DATES: Comments must be received on
Environmental Justice.
cushions, bridge rails, drainage or before October 16, 2017.
improvements, detention basins, (Catalog of Federal Domestic Assistance
Program Number 20.205, Highway Planning ADDRESSES: You may submit comments
replacement of existing fences, potential
and Construction. The regulations identified by Federal Docket
installation of fencing for right-of-way,
implementing Executive Order 12372 Management System (FDMS) Number
visual and community enhancements; regarding intergovernmental consultation on FMCSA–2017–0243 by any of the
ramp improvements; and appurtenant Federal programs and activities apply to this following methods:
structures including signage. The program.) • Federal eRulemaking Portal:
actions by the Federal agencies, and the
Authority: 23 U.S.C. 139(l)(1). www.regulations.gov. See the Public
laws under which such actions were
Participation and Request for Comments
taken, are described in the Final Tashia J. Clemons,
section below for further information.
Environmental Statement (FEIS) for the Director of Project Development, Federal • Mail: Docket Management Facility,
project, approved on June 26, 2017, in Highway Administration, Sacramento,
U.S. Department of Transportation, 1200
the Record of Decision (ROD) issued on California.
New Jersey Avenue SE., West Building,
August 13, 2017, and in other [FR Doc. 2017–19517 Filed 9–13–17; 8:45 am]
Ground Floor, Room W12–140,
documents in the FHWA project BILLING CODE 4910–RY–P
Washington, DC 20590–0001.
records. The FEIS, ROD, and other • Hand Delivery or Courier: West
project records are available by Building, Ground Floor, Room W12–
contacting Caltrans at the addresses DEPARTMENT OF TRANSPORTATION
140, 1200 New Jersey Avenue SE.,
provided above. between 9 a.m. and 5 p.m., Monday
The Caltrans Final FEIS and ROD can Federal Motor Carrier Safety
Administration through Friday, except Federal holidays.
be viewed and downloaded from the • Fax: 1–202–493–2251.
project Web site at http:// [Docket No. FMCSA–2017–0243] • Each submission must include the
www.dot.ca.gov/d11/environmental/. Agency name and the docket number for
This notice applies to all Federal agency Hours of Service of Drivers:
asabaliauskas on DSKBBXCHB2PROD with NOTICES

this notice. Note that DOT posts all
decisions as of the issuance date of this Application for Exemption; Power and comments received without change to
notice and all laws under which such Communication Contractors www.regulations.gov, including any
actions were taken, including but not Association (PCCA) personal information included in a
limited to: AGENCY: Federal Motor Carrier Safety comment. Please see the Privacy Act
1. Council on Environmental Quality Administration (FMCSA), DOT. heading below.
regulations; Docket: For access to the docket to
ACTION: Notice of application for
2. National Environmental Policy Act read background documents or
exemption; request for comments.
(NEPA); comments, go to www.regulations.gov at

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Federal Register / Vol. 82, No. 177 / Thursday, September 14, 2017 / Notices 43285

IV. Method To Ensure an Equivalent or DEPARTMENT OF TRANSPORTATION Comments should refer to the
Greater Level of Safety application number and be submitted in
According to PCCA, exempting power Pipeline and Hazardous Materials triplicate. If confirmation of receipt of
and communication contractors from Safety Administration comments is desired, include a self-
ELD requirements would not addressed stamped postcard showing
Hazardous Materials: Notice of
compromise the safety of drivers in the the special permit number.
Applications for Special Permits
industry in any way. All rules related to FOR FURTHER INFORMATION CONTACT:
the short-haul exemption would still AGENCY: Pipeline and Hazardous
Ryan Paquet, Director, Office of
apply, and drivers would continue to Materials Safety Administration
comply with written RODS Hazardous Materials Approvals and
(PHMSA), DOT.
requirements when short-haul Permits Division, Pipeline and
ACTION: List of applications for special
limitations are exceeded. Unlike long- Hazardous Materials Safety
permits.
haul interstate truckers, drivers in the Administration, U.S. Department of
construction industry meet a variety of SUMMARY: In accordance with the Transportation, East Building, PHH–30,
job functions and spend the vast procedures governing the application 1200 New Jersey Avenue Southeast,
majority of their time on a jobsite within for, and the processing of, special Washington, DC 20590–0001, (202) 366–
a short distance of their daily assembly permits from the Department of 4535.
point, not on public roads and Transportation’s Hazardous Material SUPPLEMENTARY INFORMATION: Copies of
highways. Power and communication Regulations notice is hereby given that
the applications are available for
contractors would continue to meet all the Office of Hazardous Materials Safety
other HOS requirements overseen by inspection in the Records Center, East
has received the application described
FMCSA. herein. Each mode of transportation for Building, PHH–30, 1200 New Jersey
PCCA believes an equivalent level of which a particular special permit is Avenue Southeast, Washington, DC or at
safety will be achieved if drivers in the requested is indicated by a number in http://regulations.gov.
power and communication construction the ‘‘Nature of Application’’ portion of This notice of receipt of applications
industry are exempt from ELD the table below as follows: 1—Motor for special permit is published in
requirements as described above. vehicle, 2—Rail freight, 3—Cargo vessel, accordance with part 107 of the Federal
A copy of PCCA’s application for 4—Cargo aircraft only, 5—Passenger- hazardous materials transportation law
exemption is available for review in the carrying aircraft. (49 U.S.C. 5117(b); 49 CFR 1.53(b)).
docket for this notice. DATES: Comments must be received on Issued in Washington, DC, on August 31,
Issued on: September 8, 2017. or before October 16, 2017. 2017.
Larry W. Minor, ADDRESSES: Record Center, Pipeline and Donald Burger,
Associate Administrator for Policy. Hazardous Materials Safety
Chief, Office of the Special Permits and
[FR Doc. 2017–19512 Filed 9–13–17; 8:45 am] Administration, U.S. Department of Approvals.
BILLING CODE 4910–EX–P Transportation Washington, DC 20590.
Regulation(s)
Application No. Docket No. Applicant Nature of the special permits thereof
affected

SPECIAL PERMITS DATA

20512–N ............. ........................... Worldwind Helicopters, Inc .... 172.101(j), 172.200, To authorize the transportation in commerce of certain haz-
172.204(c)(3), 172.300, ardous materials by external load with a helicopter in re-
173.27(b)(2), 175.30(a)(1), mote areas of the US without being subject to hazard
175.75. communication requirements and quantity limitations
where no other means of transportation is available.
(Mode 4).
20513–N ............. ........................... Rolling Paper Depot, LLC ...... 173.308 .................................. To authorize the transportation in commerce of lighters with-
out the use of certain hazard communication. (Mode 1)
20517–N ............. ........................... Advance Research Chemi- 173.205 .................................. To authorize the transportation in commerce of non-DOT
cals, Inc. specification cylinders containing materials intended for
disposal. (Modes 1, 3).
20518–N ............. ........................... Colep Portugal, S.A ............... 178.33–7 ................................ To authorize the manufacture, mark, sale and use of non-
DOT specification receptacles conforming with all regula-
tions applicable to a DOT specification (2P and 2Q), ex-
cept for the wall thickness. (Modes 1, 2, 3).
20519–N ............. ........................... Richemont North America, Inc 173.4b(a), 173.4b(a)(10) ........ To authorize the transportation in commerce of articles con-
taining a Division 2.1 material as de minimis. (Modes 1, 4,
5).
20522–N ............. ........................... Maine Department of Trans- 172.101(k), 172.200, 172.300, To authorize the transportation in commerce of private
portation. 172.400, 172.500, 172.600. motor vehicles containing certain hazardous materials via
passenger ferry vessels.
20523–N ............. ........................... Whitewave Foods Company, 173.306(b) .............................. To authorize the transportation in commerce of non-DOT
The. specification pressure receptacles containing foodstuffs.
asabaliauskas on DSKBBXCHB2PROD with NOTICES

(Modes 1, 2, 3, 4, 5).
20524–N ............. ........................... Wilhelm Schmidt GmbH ......... 172.102(c)(4), ......................... To authorize the manufacture, mark, sale, and use of IBCs
178.705(c)(2)(ii) ...................... intended to contain ammonia solutions and
dichloromethane. (Modes 1, 2, 3).
20525–N ............. ........................... Avfuel Corporation ................. 180.407(a) .............................. To authorize the transportation in commerce of certain DOT
cargo tanks that have not been requalified in accordance
with part 180. (Mode 1).
20526–N ............. ........................... Space Exploration Tech- 105.30, 105.30(a), To authorize the transportation in commerce of low produc-
nologies Corp. 105.30(a)(2). tion lithium batteries contained in equipment in non-DOT
specification packaging. (Mode 1).

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Document Created: 2017-09-13 23:48:54
Document Modified: 2017-09-13 23:48:54

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 16, 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 43283

82 FR 43283 - Hours of Service of Drivers: Application for Exemption; Power and Communication Contractors Association (PCCA)

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 177 (September 14, 2017)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration