82 FR 48882 - Hours of Service of Drivers: Application for Exemption; MBI Energy Services (MBI)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 202 (October 20, 2017)

Page Range		48882-48883
FR Document		2017-22834

FMCSA announces its decision to deny the application of MBI Energy Services (MBI) 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 had requested 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. FMCSA has analyzed the exemption application and public comments, and has determined that the applicant would not achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption. FMCSA therefore denies MBI's application for exemption.

Federal Register, Volume 82 Issue 202 (Friday, October 20, 2017)

[Federal Register Volume 82, Number 202 (Friday, October 20, 2017)]
[Notices]
[Pages 48882-48883]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-22834]


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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 (MBI)

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

ACTION: Notice of final disposition; denial of application for 
exemption.

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

SUMMARY: FMCSA announces its decision to deny the application of MBI 
Energy Services (MBI) 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 had requested 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. FMCSA has analyzed the exemption application and public 
comments, and has determined that the applicant would not achieve a 
level of safety that is equivalent to, or greater than, the level that 
would be achieved absent such exemption. FMCSA therefore denies MBI's 
application for exemption.

DATES: FMCSA denies this application for exemption effective October 
20, 2017.

FOR FURTHER INFORMATION CONTACT: For information concerning this 
notice, contact Mr. Thomas 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: 

Background

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant 
exemptions from certain 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.
    FMCSA 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 reason for the grant or denial, and, if granted, 
the specific person or class of persons receiving the exemption, and 
the regulatory provision or provisions from which exemption is granted. 
The notice must also specify the effective period of the exemption (up 
to 5 years), and explain the terms and conditions of the exemption. The 
exemption may be renewed (49 CFR 381.300(b)).

Request for Exemption

    MBI is a provider of water management logistics and well-
intervention services in North Dakota, 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, installation may require a unit being positioned over the 
driver's head, increasing the risk of the unit falling on the driver 
resulting in injury given the rough terrain upon which the vehicles 
travel 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 requested a 5-year exemption.

Public Comments

    On July 10, 2017, FMCSA published MBI's application for exemption 
and requested public comment (82 FR 31798). The Agency received five 
comments to the docket, from CMV drivers, a Commercial Vehicle Safety 
Alliance (CVSA) inspector, and the Owner-Operator Independent Driver's 
Association (OOIDA). All of the commenters opposed the MBI application 
for exemption. According to commenters, MBI's request would place a 
burden on law enforcement officers in tracking exceptions from the 
regulations and open the door for other oil field service companies and 
crane operating companies to request similar exception status. 
Commenters stated that the purpose of the ELDs is to force drivers and 
carriers to record their HOS

[[Page 48883]]

accurately due to years of abuse by the industry.
    All comments are available for review in the docket for this 
notice.

FMCSA Decision

    When FMCSA published the rule mandating ELDs, it relied upon 
research indicating that the rule improves commercial motor vehicle 
(CMV) safety and reduces the overall paperwork burden for both motor 
carriers and drivers by increasing the use of ELDs within the motor 
carrier industry, which will in turn, improve compliance with the HOS 
rules. The primary reason for denial of this exemption is that MBI did 
not demonstrate how, without using ELDs, they would maintain a level of 
safety equivalent to, or greater than, the level achieved without the 
exemption.
    For these reasons, FMCSA has denied the applicant's request for 
exemption.

    Issued on: September 28, 2017.
Daphne Y. Jefferson,
Deputy Administrator.
[FR Doc. 2017-22834 Filed 10-19-17; 8:45 am]
 BILLING CODE 4910-EX-P

48882 Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Notices

Should it become evident that the Background for installing rough-terrain-capable
project will not meet the statutory FMCSA has authority under 49 U.S.C. AOBRDs or ELDs. The devices used
deadline, FHWA reserves the right to 31136(e) and 31315 to grant exemptions must be capable of satellite
revoke the provisional approval prior to from certain Federal Motor Carrier communication where cell
the deadline and re-offer the program Safety Regulations (FMCSRs). FMCSA communication is poor to non-existent.
slot to other State DOTs. must publish a notice of each exemption The installation of rugged logging units,
request in the Federal Register (49 CFR weighing more than typical units used
Brandye L. Hendrickson,
381.315(a)). The Agency must provide in highway applications, would reduce
Acting Administrator, Federal Highway driver visibility in an already large
Administration. the public an opportunity to inspect the
information relevant to the application, vehicle due to the limited space found
[FR Doc. 2017–22775 Filed 10–19–17; 8:45 am]
including any safety analyses that have in single-cab vehicles. Additionally,
BILLING CODE 4910–22–P installation may require a unit being
been conducted. The Agency must also
provide an opportunity for public positioned over the driver’s head,
comment on the request. increasing the risk of the unit falling on
DEPARTMENT OF TRANSPORTATION
FMCSA reviews safety analyses and the driver resulting in injury given the
Federal Motor Carrier Safety public comments submitted, and rough terrain upon which the vehicles
Administration determines whether granting the travel or a vehicle accident involving
exemption would likely achieve a level the travelling public.
[Docket No. FMCSA–2017–0166] of safety equivalent to, or greater than, While these vehicles normally travel
the level that would be achieved by the little, business demand may require MBI
Hours of Service of Drivers: current regulation (49 CFR 381.305). vehicles to move more often than 8 days
Application for Exemption; MBI Energy The decision of the Agency must be in a 30-day period, the maximum
Services (MBI) published in the Federal Register (49 frequency allowed by 49 CFR
CFR 381.315(b)) with the reason for the 395.8(a)(1)(iii)(A)(1) for the use of paper
AGENCY: Federal Motor Carrier Safety grant or denial, and, if granted, the RODS instead of ELDs. According to
Administration (FMCSA), DOT. specific person or class of persons MBI, the current regulations do not
ACTION: Notice of final disposition; receiving the exemption, and the address circumstances where the
denial of application for exemption. regulatory provision or provisions from vehicle’s exemption status is sporadic in
which exemption is granted. The notice nature, thus requiring MBI to install an
SUMMARY: FMCSA announces its must also specify the effective period of ELD to remain compliant during times
decision to deny the application of MBI the exemption (up to 5 years), and not covered by the exemption. While
Energy Services (MBI) from the explain the terms and conditions of the alternatives exist to industrial-grade
requirement that a motor carrier install exemption. The exemption may be logging units, the alternatives usually
and require each of its drivers to use an renewed (49 CFR 381.300(b)). involve cell phones or cell-capable
electronic logging device (ELD) to tablets where the terrain or remote
record the driver’s hours of service Request for Exemption locations of work may inhibit logging
(HOS) no later than December 18, 2017. MBI is a provider of water device communication for extended
MBI had requested the exemption for all management logistics and well- periods of time. Many worksites
of its vehicles equipped with a single- intervention services in North Dakota, prohibit cell phone usage due to safety
passenger cab, which are used in South Dakota, Wyoming, Montana, and concerns. Additionally, installations in
applications where travel is incidental Colorado. The requested exemption special vehicles will increase costs
to normal work activities and which would affect 65 MBI Energy Services substantially due to the unusual
require special oversize/overweight drivers operating 42 single-cab vehicles configurations of single cab vehicles
permits to travel on public roads. classified in North Dakota as Special requiring specialized wiring harnesses
FMCSA has analyzed the exemption Mobile Equipment (SME). These and custom installation kits. MBI
application and public comments, and vehicles meet the definition of a requested a 5-year exemption.
has determined that the applicant commercial motor vehicle (CMV) in 49 Public Comments
would not achieve a level of safety that CFR 390.5 and therefore are subject to
is equivalent to, or greater than, the the ELD or AOBRD mandate. These On July 10, 2017, FMCSA published
level that would be achieved absent specialized vehicles perform various MBI’s application for exemption and
such exemption. FMCSA therefore work activities in an environment where requested public comment (82 FR
denies MBI’s application for exemption. connectivity is limited, working and 31798). The Agency received five
DATES: FMCSA denies this application road conditions are rough, and the comments to the docket, from CMV
for exemption effective October 20, necessity for driving on public roads is drivers, a Commercial Vehicle Safety
2017. sporadic and incidental to the overall Alliance (CVSA) inspector, and the
work being performed. The vehicles Owner-Operator Independent Driver’s
FOR FURTHER INFORMATION CONTACT: For may sit on work locations for long Association (OOIDA). All of the
information concerning this notice, periods of time, up to weeks or even commenters opposed the MBI
contact Mr. Thomas Yager, Chief, months. These vehicles are typically application for exemption. According to
FMCSA Driver and Carrier Operations oversize and overweight, requiring commenters, MBI’s request would place
Division; Office of Carrier, Driver and a burden on law enforcement officers in
srobinson on DSKBC5CHB2PROD with NOTICES

special permits for transport. Many
Vehicle Safety Standards; Telephone: States do not require registration, as tracking exceptions from the regulations
614–942–6477. Email: MCPSD@dot.gov. they build the registration fees into the and open the door for other oil field
If you have questions on viewing or permit process. service companies and crane operating
submitting material to the docket, Examples of SMEs meeting the companies to request similar exception
contact Docket Services, telephone (202) definition of a CMV having a single cab status. Commenters stated that the
366–9826. include cranes, workover rigs, and swab purpose of the ELDs is to force drivers
SUPPLEMENTARY INFORMATION: units. Single cabs have reduced space and carriers to record their HOS

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Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Notices 48883

accurately due to years of abuse by the cycle. FMCSA grants exemptions to exemption may be renewed (49 CFR
industry. allow (1) all motor carriers and drivers 381.315(c) and 49 CFR 381.300(b)).
All comments are available for review that use portable, driver-based ELDs to
in the docket for this notice. UPS Application for Exemption
record engine data only when the driver
is in a CMV and the engine is powered, UPS applied for an exemption from
FMCSA Decision various provisions of 49 CFR part 395
and (2) all motor carriers to configure an
When FMCSA published the rule ELD with a yard-move mode that does regarding the use of ELDs. Specifically,
mandating ELDs, it relied upon research not require a driver to re-input yard- UPS requested a temporary exemption
indicating that the rule improves move status every time the tractor is (1) to allow an alternative ELD phase-in
commercial motor vehicle (CMV) safety powered off. The Agency has method for fleets using compliant
and reduces the overall paperwork determined that granting these automatic on-board recording devices
burden for both motor carriers and temporary exemptions would not have (AOBRDs); (2) from the requirement that
drivers by increasing the use of ELDs an adverse impact on safety, and that a an ELD automatically record certain
within the motor carrier industry, which level of safety equivalent to or greater data elements upon a duty-status change
will in turn, improve compliance with than the level of safety provided by the when a driver is not in the vehicle; (3)
the HOS rules. The primary reason for regulation would be maintained. to allow ELDs to be configured with a
denial of this exemption is that MBI did special driving mode for yard moves
FOR FURTHER INFORMATION CONTACT: Mrs.
not demonstrate how, without using that does not require the driver to re-
ELDs, they would maintain a level of Amina Dines, Vehicle and Roadside
input yard move status every time the
safety equivalent to, or greater than, the Operations Division, Office of Carrier,
tractor is powered off; and (4) to allow
level achieved without the exemption. Driver, and Vehicle Safety, MC–PSV,
vehicle movements of less than one mile
For these reasons, FMCSA has denied (202) 366–2782, Amina.Dines@dot.gov,
on UPS property by non-CDL UPS
the applicant’s request for exemption. Federal Motor Carrier Safety
drivers to be annotated as ‘‘on
Administration, 1200 New Jersey
Issued on: September 28, 2017. property—other.’’
Avenue SE., Washington, DC 20590– On June 9, 2017, FMCSA published
Daphne Y. Jefferson, 0001.
Deputy Administrator.
notice of the UPS application and
SUPPLEMENTARY INFORMATION: requested public comment (82 FR
[FR Doc. 2017–22834 Filed 10–19–17; 8:45 am]
26832). FMCSA received 55 comments,
BILLING CODE 4910–EX–P Background
most of which opposed the exemption
Section 4007 of the Transportation on the ground that UPS should comply
Equity Act for the 21st Century (TEA– with the ELD rule which it had actively
DEPARTMENT OF TRANSPORTATION 21) [Pub. L. 105–178, 112 Stat. 107, 401, supported. Where comments focused on
Federal Motor Carrier Safety June 9, 1998] amended 49 U.S.C. 31315 a particular issue, they are addressed in
Administration and 31136(e) to provide authority to the discussions below.
grant exemptions from the Federal
[Docket No. FMCSA–2017–0054] Motor Carrier Safety Regulations 1. Alternative Method of ELD Phase-In
(FMCSRs). On August 20, 2004, FMCSA Background
Hours of Service; United Parcel published a final rule (69 FR 51589)
Service Inc. Application for an Subject to limited exceptions, section
implementing section 4007. Under this
Exemption From Certain Electronic 395.8(a)(1)(i) of the FMCSRs requires
rule, FMCSA must publish a notice of
Logging Device Requirements motor carriers to install and use ELDs
each exemption request in the Federal
that comply with the technical
AGENCY: Federal Motor Carrier Safety Register (49 CFR 381.315(a)). The
specifications prescribed for those
Administration (FMCSA), DOT. Agency must provide the public with an
devices no later than December 18,
ACTION: Notice of final disposition. opportunity to inspect the information
2017. However, section 395.8(a)(1)(ii)
relevant to the application, including
SUMMARY: The Federal Motor Carrier allows a motor carrier that installs, and
any safety analyses that have been
Safety Administration (FMCSA) requires its drivers to use, compliant
conducted. The Agency must also
announces its decision to grant part of AOBRDs before the December 18, 2017,
provide an opportunity for public
United Parcel Service Inc.’s (UPS) compliance date to continue to use
comment on the request.
application for a limited 5-year those AOBRDs until December 16, 2019,
The Agency reviews the safety
exemption from various provisions of thereby providing a 2-year grandfather
analyses and the public comments and
the mandate to use electronic logging period for devices installed prior to the
determines whether granting the
devices (ELD). FMCSA published a final compliance date.
exemption would likely achieve a level
rule in December 2015 that requires of safety equivalent to or greater than UPS Request
most motor carriers and drivers who are the level that would be achieved by the In its application, UPS states:
currently required to prepare and retain current regulation (49 CFR 381.305(a)).
paper records of duty status (RODS) to The decision of the Agency must be UPS firmly believes that the best way to
transition its operations from AOBRDs to
use ELDs for hours-of-service (HOS) published in the Federal Register (49 ELDs will be on a site-by-site basis. UPS
compliance effective December 18, CFR 381.315(b)). If the Agency denies currently plans to convert approximately
2017. Among other things, the the request, it must state the reason for 2800 tractors at approximately 35 sites from
December 2015 rule requires (1) certain doing so. If the decision is to grant the AOBRDs to ELDs in 2017, and plans to
data elements to be automatically exemption, the notice must specify the
srobinson on DSKBC5CHB2PROD with NOTICES

convert the remaining tractors (at 141 sites)
recorded when an authorized user logs person or class of persons receiving the during 2018. Deploying ELDs by site will
in or out of an ELD or changes duty exemption and the regulatory provision minimize the significant costs, including
status, and (2) a driver’s indication of or provisions from which an exemption training costs, related to moving the fleet and
workforce from AOBRDs to ELDs. A site-by-
special driving status to reset to none is granted. The notice must specify the site approach will also minimize the risk of
(except in the case of personal use) if effective period of the exemption (up to errors and confusion that would be
the ELD or commercial motor vehicle’s 5 years) and explain the terms and encountered if two different types of devices
(CMV) engine goes through a power-off conditions of the exemption. The were used simultaneously at a given location.

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Document Created: 2017-10-20 00:06:32
Document Modified: 2017-10-20 00:06:32

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 final disposition; denial of application for exemption.
Dates		FMCSA denies this application for exemption effective October 20, 2017.
Contact		For information concerning this notice, contact Mr. Thomas 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 48882

82 FR 48882 - Hours of Service of Drivers: Application for Exemption; MBI Energy Services (MBI)

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 202 (October 20, 2017)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration