Hours of Service of Drivers: Application for Exemption; Pipe Line Contractors Association (PLCA), 31796-31798 [2017-14263]
Download as PDF
<![CDATA[
31796
Federal Register / Vol. 82, No. 130 / Monday, July 10, 2017 / Notices
process. DOT posts these comments,
without edit, including any personal
information the commenter provides, to
https://www.regulations.gov, as
described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at https://www.dot.gov/
privacy.
Docket: Background documents or
comments received may be read at
https://www.regulations.gov at any time.
Follow the online instructions for
accessing the docket or go to the Docket
Operations in Room W12–140 of the
West Building Ground Floor at 1200
New Jersey Avenue SE., Washington,
DC 20590–0001, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
Tara
Fitzgerald, Federal Aviation
Administration, Engine and Propeller
Directorate, Standards Staff, ANE–112,
1200 District Avenue, Burlington,
Massachusetts 01803–5529; (781) 238–
7130; facsimile: (781) 238–7199; email:
tara.fitzgerald@faa.gov.
This notice is published pursuant to
14 CFR 11.85.
FOR FURTHER INFORMATION CONTACT:
Issued in Burlington, Massachusetts, on
June 28, 2017.
Carlos A. Pestana,
Acting Manager, Engine and Propeller
Directorate, Aircraft Certification Service.
Petition for Exemption
Docket No.: FAA–2017–0642.
Petitioner: Rolls-Royce plc.
Section(s) of 14 CFR Affected: 14 CFR
33.27 (f)(6).
Description of Relief Sought: RollsRoyce plc petitions for exemption from
§ 33.27 (f)(6) for the Trent 1000–A, –A2,
–AE, –AE2, –AE3, –C, –C2, –CE, –CE2,
CE3, –D, –D2, –D3, –E, –E2, –G, –G2,
–G3, –H, –H2, –H3, –J2, –J3, –K2, –K3,
–L2, –L3, –M3, –N3, –P3, –Q3, –R3,
Trent 7000–72, and Trent 7000–72C
engine models to exclude the entire
high-pressure shaft system from failure
consideration in determining the
highest overspeed that would result
from a complete loss of load on a
turbine rotor.
sradovich on DSK3GMQ082PROD with NOTICES
[FR Doc. 2017–14391 Filed 7–7–17; 8:45 am]
BILLING CODE 4910–13–P
VerDate Sep<11>2014
16:08 Jul 07, 2017
Jkt 241001
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)
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of application for
exemption; request for comments.
AGENCY:
FMCSA announces that the
Pipe Line Contractors Association
(PLCA) 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. PLCA requests the
exemption for all pipeline contractor
vehicle drivers. These drivers typically
utilize 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. PLCA’s exemption request is
addressed to that situation. These
drivers would remain subject to the
standard HOS limits and maintain a
paper record of duty status (RODS) for
HOS compliance. PLCA 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. The
term of the requested exemption is 5
years. FMCSA requests public comment
on PLCA’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–2017–0175 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.
SUMMARY:
PO 00000
Frm 00047
Fmt 4703
Sfmt 4703
• 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: MCPSD@dot.gov. 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–2017–0175), 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–2017–0175’’
in the ‘‘Keyword’’ box, and click
‘‘Search.’’ When the new screen
E:\FR\FM\10JYN1.SGM
10JYN1
Federal Register / Vol. 82, No. 130 / Monday, July 10, 2017 / Notices
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 81⁄2 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)).
sradovich on DSK3GMQ082PROD with NOTICES
III. 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
employ approximately 30,000 to 40,000
workers depending upon the level of
pipeline work in any year.
VerDate Sep<11>2014
16:08 Jul 07, 2017
Jkt 241001
Pipeline jobs range from construction
of major interstate and intrastate
pipelines to maintenance and repair
work for utilities. In 2016, their
contractors worked on over 750 pipeline
projects across the U.S. PLCA
contractors hire workers on a project-byproject basis, with workers often
employed on multiple jobs each year in
different states. Pipeline projects are
often short-duration projects lasting for
only 4–6 weeks. Pipeline contractors
hire dozens of different short-term
personnel to support any given project.
PLCA contractors own different types
of commercial motor vehicles (CMVs),
including flatbed trucks that haul heavy
equipment, dump trucks, skid trucks,
water trucks, pilot cars, and buses that
transport workers from the daily
assembly points to the pipeline right-ofway. A significant number of the
vehicles owned by pipeline contractors
require a commercial driver’s license
(CDL) to operate. The standard practice
is for workers to begin each workday at
a designated assembly point, which
typically is 10–50 miles away from a
pipeline right-of-way. The workers who
operate heavy equipment typically are
transported by bus to the pipeline rightof-way. The drivers of the flatbed trucks
move the heavy equipment along the
pipeline right-of-way as they complete
work on segments of the pipeline. As
pipeline contractor drivers work offroad along the length of the pipelines,
they typically do not spend much of
their work days operating on public
roads.
The employees who work on
pipelines and drive the subject vehicles
typically stay in hotels or campers at
locations along the pipeline right-ofway. They relocate as they advance in
their work along the right-of-way. As
they complete work on a segment of the
pipeline, they sometimes do not return
to the assembly point. Instead, they may
end the work day where they finish
work and spend the night at a new
location farther down the right-of-way.
The following day they would meet at
a new assembly point.
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 daily 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 Section 395.1(e)(1).
However, the drivers may not return
within the 12 hours required for use of
the short-haul exemption.
PO 00000
Frm 00048
Fmt 4703
Sfmt 4703
31797
While pipeline contractor drivers
typically do not exceed the
requirements of the short-haul
exception more than 8 days in a 30-day
period, there may be occasions when
they do so. Because pipeline contractors
typically hire temporary employees to
work on short-term jobs, it would be
onerous for contractors to have to
purchase ELDs, provide them to
temporary employees, train the
employees in their usage, and monitor
and ensure compliance with the ELD
requirement. Pipeline contractors would
have to monitor the number of days
their drivers exceed the requirements of
the short-haul exception, including if a
driver exceeded the short haul
exception on any days in a rolling 30day period immediately before the
employer hired the driver. PLCA states
that ELDs do not offer a safety benefit
for pipeline drivers since the drivers
spend very little time on public roads
and would have to use paper logs to
record their duty status in any event.
This is in stark contrast to long-haul
truck drivers who spend most of their
on-duty hours driving their vehicles on
public roads.
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.
IV. Method To Ensure an Equivalent or
Greater Level of Safety
PLCA states that granting this
exemption will result in a level of safety
that is equal to or greater than the level
of safety achieved by complying with
the ELD rule. The exemption is
requested for pipeline contractor drivers
of CMVs. Drivers of pipeline contractor
CMVs that require HOS compliance
represent a small percentage of trucks
on the road; however, the requirements
of the ELD rule would impose
significant burden on the industry and
its customers. By allowing pipeline
contractor drivers to continue to operate
with paper RODS, PLCA’s members and
their customers would be able to
comply with all Federal and State HOS
regulations while continuing to operate
efficiently and safely.
E:\FR\FM\10JYN1.SGM
10JYN1
31798
Federal Register / Vol. 82, No. 130 / Monday, July 10, 2017 / Notices
A copy of PLCA’s application for
exemption is available for review in the
docket for this notice.
Issued on: June 30, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017–14263 Filed 7–7–17; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2017–0166]
Hours of Service of Drivers:
Application for Exemption; MBI Energy
Services
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of application for
exemption; request for comments.
AGENCY:
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 roughterrain-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
sradovich on DSK3GMQ082PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
16:08 Jul 07, 2017
Jkt 241001
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: MCPSD@dot.gov. 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
PO 00000
Frm 00049
Fmt 4703
Sfmt 4703
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 81⁄2 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 wellintervention services in North Dakota,
E:\FR\FM\10JYN1.SGM
10JYN1
]]>Agencies
[Federal Register Volume 82, Number 130 (Monday, July 10, 2017)]
[Notices]
[Pages 31796-31798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14263]
-----------------------------------------------------------------------
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 application for exemption; request for comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces that the Pipe Line Contractors Association
(PLCA) 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. PLCA requests the exemption for all
pipeline contractor vehicle drivers. These drivers typically utilize
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. PLCA's exemption
request is addressed to that situation. These drivers would remain
subject to the standard HOS limits and maintain a paper record of duty
status (RODS) for HOS compliance. PLCA 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.
The term of the requested exemption is 5 years. FMCSA requests public
comment on PLCA'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-2017-0175 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: MCPSD@dot.gov. 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-2017-0175), 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-2017-0175'' in the ``Keyword'' box, and
click ``Search.'' When the new screen
[[Page 31797]]
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 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 employ approximately 30,000 to 40,000
workers depending upon the level of pipeline work in any year.
Pipeline jobs range from construction of major interstate and
intrastate pipelines to maintenance and repair work for utilities. In
2016, their contractors worked on over 750 pipeline projects across the
U.S. PLCA contractors hire workers on a project-by-project basis, with
workers often employed on multiple jobs each year in different states.
Pipeline projects are often short-duration projects lasting for only 4-
6 weeks. Pipeline contractors hire dozens of different short-term
personnel to support any given project.
PLCA contractors own different types of commercial motor vehicles
(CMVs), including flatbed trucks that haul heavy equipment, dump
trucks, skid trucks, water trucks, pilot cars, and buses that transport
workers from the daily assembly points to the pipeline right-of-way. A
significant number of the vehicles owned by pipeline contractors
require a commercial driver's license (CDL) to operate. The standard
practice is for workers to begin each workday at a designated assembly
point, which typically is 10-50 miles away from a pipeline right-of-
way. The workers who operate heavy equipment typically are transported
by bus to the pipeline right-of-way. The drivers of the flatbed trucks
move the heavy equipment along the pipeline right-of-way as they
complete work on segments of the pipeline. As pipeline contractor
drivers work off-road along the length of the pipelines, they typically
do not spend much of their work days operating on public roads.
The employees who work on pipelines and drive the subject vehicles
typically stay in hotels or campers at locations along the pipeline
right-of-way. They relocate as they advance in their work along the
right-of-way. As they complete work on a segment of the pipeline, they
sometimes do not return to the assembly point. Instead, they may end
the work day where they finish work and spend the night at a new
location farther down the right-of-way. The following day they would
meet at a new assembly point.
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
daily 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 Section 395.1(e)(1). However, the drivers may not return
within the 12 hours required for use of the short-haul exemption.
While pipeline contractor drivers typically do not exceed the
requirements of the short-haul exception more than 8 days in a 30-day
period, there may be occasions when they do so. Because pipeline
contractors typically hire temporary employees to work on short-term
jobs, it would be onerous for contractors to have to purchase ELDs,
provide them to temporary employees, train the employees in their
usage, and monitor and ensure compliance with the ELD requirement.
Pipeline contractors would have to monitor the number of days their
drivers exceed the requirements of the short-haul exception, including
if a driver exceeded the short haul exception on any days in a rolling
30-day period immediately before the employer hired the driver. PLCA
states that ELDs do not offer a safety benefit for pipeline drivers
since the drivers spend very little time on public roads and would have
to use paper logs to record their duty status in any event. This is in
stark contrast to long-haul truck drivers who spend most of their on-
duty hours driving their vehicles on public roads.
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.
IV. Method To Ensure an Equivalent or Greater Level of Safety
PLCA states that granting this exemption will result in a level of
safety that is equal to or greater than the level of safety achieved by
complying with the ELD rule. The exemption is requested for pipeline
contractor drivers of CMVs. Drivers of pipeline contractor CMVs that
require HOS compliance represent a small percentage of trucks on the
road; however, the requirements of the ELD rule would impose
significant burden on the industry and its customers. By allowing
pipeline contractor drivers to continue to operate with paper RODS,
PLCA's members and their customers would be able to comply with all
Federal and State HOS regulations while continuing to operate
efficiently and safely.
[[Page 31798]]
A copy of PLCA's application for exemption is available for review
in the docket for this notice.
Issued on: June 30, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-14263 Filed 7-7-17; 8:45 am]
BILLING CODE 4910-EX-P
