[Federal Register Volume 82, Number 202 (Friday, October 20, 2017)]
[Notices]
[Pages 48882-48883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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.
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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]
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