[Federal Register Volume 82, Number 207 (Friday, October 27, 2017)]
[Notices]
[Pages 49923-49924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23348]
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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 final disposition; denial of application for
exemption.
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SUMMARY: FMCSA announces its decision to deny the application of the
Pipe Line Contractors Association (PLCA) 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 had requested the exemption
for all pipeline contractor vehicle drivers who typically use 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. 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 PLCA's application for exemption.
DATES: FMCSA denied the application for exemption by letter dated
October 16, 2017, after notice and opportunity for public comment.
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,
[[Page 49924]]
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
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 collectively employ approximately 30,000
to 40,000 workers depending upon the level of pipeline work in any
year. 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
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 49 CFR
395.1(e)(1). However, the drivers may not return within the 12 hours
required for use of the short-haul exception.
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. PLCA stated that
granting this exemption would result in a level of safety that is equal
to or greater than the level of safety achieved by complying with the
ELD rule. A copy of the PLCA application for exemption is available in
the docket for this notice.
Public Comments
On July 10, 2017, FMCSA published notice of PLCA's application for
exemption and requested public comment (82 FR 31796). The Agency
received 156 comments to the docket. The predominance of the
commenters--over 96%--supported the granting of the PLCA request; most
of these were ``form letter'' comments. Primary groups filing in
support included the Power and Communication Contractors Associations
(PCCA), American Pipeline Contractors Association, U.S. Pipeline, Inc.,
and the American Road and Transport Builders Association (ARTBA). The
two primary groups filing in opposition were the Advocates for Highway
and Auto Safety (Advocates) and the Owner-Operator Independent Driver's
Association (OOIDA).
The Advocates expressed concern that the success of the ELD mandate
lies in its applicability to all CMVs operated by drivers subject to
the HOS and RODS. Despite this, the FMCSA has made great efforts to
accommodate various aspects of the industry while maintaining safety.
In the present case, despite having an existing exemption in the
regulation, PLCA claims that to even comply with the exemption is
onerous. The Agency has established a limit on the extent of the
exemption which must be enforced, lest the final rule is rendered
meaningless.
Advocates further added that PLCA had provided no proof that the
requested exemption would ensure safety or address the Agency's
concerns regarding noncompliance with the HOS regulations when using
paper RODS.
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 CMV safety by improving
compliance with the HOS rules. The rule also reduces the overall
paperwork burden for both motor carriers and drivers. The primary
reason for denying this exemption is that PLCA 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 denies the applicant's request for
exemption.
Issued on: October 16, 2017.
Daphne Y. Jefferson,
Deputy Administrator.
[FR Doc. 2017-23348 Filed 10-26-17; 8:45 am]
BILLING CODE 4910-EX-P