Hours of Service of Drivers: Application for Exemption; Power and Communication Contractors Association (PCCA), 43283-43285 [2017-19512]

Download as PDF asabaliauskas on DSKBBXCHB2PROD with NOTICES Federal Register / Vol. 82, No. 177 / Thursday, September 14, 2017 / Notices 327. Notice is hereby given that the Caltrans, U.S. Environmental Protection Agency (USEPA), and U.S. Fish and Wildlife Service (FWS) has taken final agency actions subject to 23 U.S.C. 139(l)(1) by issuing licenses, permits, and approvals for the following highway project in the State of California: The project is located in San Diego County at the I–5/SR 56 Interchange near Carmel Valley Road in San Diego from postmile (PM) I–5: R32.7 to R34.8 and SR 56: 0.00 to 2.5. The proposed project includes improvements to maintain or improve the existing and future traffic operations on the I–5 and SR 56 corridors. The preferred alternative consists adding the two missing connectors (I–5 Southbound to SR 56 Eastbound and SR 56 Westbound to I– 5 Northbound). The Del Mar Heights Overcrossing will be replaced with pedestrian enhancements and improved lighting. The Carmel Valley Road will be widened from three to four lanes by the I–5 off-ramp and will be widened from six lanes to eight lanes from I–5 and El Camino Real. Relocation of the AT&T-owned transcontinental fiberoptic line that currently parallels I–5 between Carmel Valley Road and Del Mar Heights Road to within High Bluff Drive and El Camino Real. In addition the project includes: Auxiliary lanes; sound walls; retaining walls, barriers, guard rails/end treatments, crash cushions, bridge rails, drainage improvements, detention basins, replacement of existing fences, potential installation of fencing for right-of-way, visual and community enhancements; ramp improvements; and appurtenant structures including signage. The actions by the Federal agencies, and the laws under which such actions were taken, are described in the Final Environmental Statement (FEIS) for the project, approved on June 26, 2017, in the Record of Decision (ROD) issued on August 13, 2017, and in other documents in the FHWA project records. The FEIS, ROD, and other project records are available by contacting Caltrans at the addresses provided above. The Caltrans Final FEIS and ROD can be viewed and downloaded from the project Web site at http:// www.dot.ca.gov/d11/environmental/. This notice applies to all Federal agency decisions as of the issuance date of this notice and all laws under which such actions were taken, including but not limited to: 1. Council on Environmental Quality regulations; 2. National Environmental Policy Act (NEPA); VerDate Sep<11>2014 16:41 Sep 13, 2017 Jkt 241001 3. Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA–LU); 4. Department of Transportation Act of 1966; 5. Federal Aid Highway Act of 1970; 6. Clean Air Act (CAA) Amendments of 1990; 7. Clean Water Act (CWA) of 1977 and 1987; 8. Federal Water Pollution Control Act of 1972; 9. Endangered Species Act of 1973; 10. Migratory Bird Treaty Act; 11. Farmland Protection Policy Act of 1981; 12. Title VI of the Civil Rights Act of 1964; 13. Uniform Relocation Assistance and Real Property Acquisition Act of 1970; 14. National Historic Preservation Act (NHPA) of 1966; 15. Historic Sites Act of 1935; 16. Resource Conservation and Recovery Act of 1976; 17. Community Environmental Response Facilitation Act (CERFA) of 1992; 18. Executive Order 11990, Protection of Wetlands; 19. Executive Order 13112, Invasive Species; 20. Executive Order 11988, Floodplain Management; and, 21. Executive Order 12898, Environmental Justice. (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program.) Authority: 23 U.S.C. 139(l)(1). Tashia J. Clemons, Director of Project Development, Federal Highway Administration, Sacramento, California. [FR Doc. 2017–19517 Filed 9–13–17; 8:45 am] BILLING CODE 4910–RY–P 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) Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of application for exemption; request for comments. AGENCY: PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 43283 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. SUMMARY: 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 DATES: E:\FR\FM\14SEN1.SGM 14SEN1 43284 Federal Register / Vol. 82, No. 177 / Thursday, September 14, 2017 / Notices 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. asabaliauskas on DSKBBXCHB2PROD with NOTICES 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 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail VerDate Sep<11>2014 16:41 Sep 13, 2017 Jkt 241001 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 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 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 § 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. E:\FR\FM\14SEN1.SGM 14SEN1 Federal Register / Vol. 82, No. 177 / Thursday, September 14, 2017 / Notices 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 longhaul 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 Application No. Docket No. DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration Hazardous Materials: Notice of Applications for Special Permits Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: List of applications for special permits. AGENCY: In accordance with the procedures governing the application for, and the processing of, special permits from the Department of Transportation’s Hazardous Material Regulations notice is hereby given that the Office of Hazardous Materials Safety has received the application described herein. Each mode of transportation for which a particular special permit is requested is indicated by a number in the ‘‘Nature of Application’’ portion of the table below as follows: 1—Motor vehicle, 2—Rail freight, 3—Cargo vessel, 4—Cargo aircraft only, 5—Passengercarrying aircraft. DATES: Comments must be received on or before October 16, 2017. ADDRESSES: Record Center, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation Washington, DC 20590. SUMMARY: Regulation(s) affected Applicant 43285 Comments should refer to the application number and be submitted in triplicate. If confirmation of receipt of comments is desired, include a selfaddressed stamped postcard showing the special permit number. FOR FURTHER INFORMATION CONTACT: Ryan Paquet, Director, Office of Hazardous Materials Approvals and Permits Division, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, East Building, PHH–30, 1200 New Jersey Avenue Southeast, Washington, DC 20590–0001, (202) 366– 4535. Copies of the applications are available for inspection in the Records Center, East Building, PHH–30, 1200 New Jersey Avenue Southeast, Washington, DC or at http://regulations.gov. This notice of receipt of applications for special permit is published in accordance with part 107 of the Federal hazardous materials transportation law (49 U.S.C. 5117(b); 49 CFR 1.53(b)). SUPPLEMENTARY INFORMATION: Issued in Washington, DC, on August 31, 2017. Donald Burger, Chief, Office of the Special Permits and Approvals. Nature of the special permits thereof SPECIAL PERMITS DATA ........................... Worldwind Helicopters, Inc .... 172.101(j), 172.200, 172.204(c)(3), 172.300, 173.27(b)(2), 175.30(a)(1), 175.75. 20513–N ............. ........................... Rolling Paper Depot, LLC ...... 173.308 .................................. 20517–N ............. ........................... Advance Research Chemicals, Inc. 173.205 .................................. 20518–N ............. ........................... Colep Portugal, S.A ............... 178.33–7 ................................ 20519–N ............. ........................... Richemont North America, Inc 173.4b(a), 173.4b(a)(10) ........ 20522–N ............. ........................... Maine Department of Transportation. 172.101(k), 172.200, 172.300, 172.400, 172.500, 172.600. 20523–N ............. asabaliauskas on DSKBBXCHB2PROD with NOTICES 20512–N ............. ........................... Whitewave Foods Company, The. 173.306(b) .............................. 20524–N ............. ........................... Wilhelm Schmidt GmbH ......... 172.102(c)(4), ......................... 178.705(c)(2)(ii) ...................... 20525–N ............. ........................... Avfuel Corporation ................. 180.407(a) .............................. 20526–N ............. ........................... Space Exploration Technologies Corp. 105.30, 105.30(a), 105.30(a)(2). VerDate Sep<11>2014 16:41 Sep 13, 2017 Jkt 241001 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 To authorize the transportation in commerce of certain hazardous materials by external load with a helicopter in remote areas of the US without being subject to hazard communication requirements and quantity limitations where no other means of transportation is available. (Mode 4). To authorize the transportation in commerce of lighters without the use of certain hazard communication. (Mode 1) To authorize the transportation in commerce of non-DOT specification cylinders containing materials intended for disposal. (Modes 1, 3). To authorize the manufacture, mark, sale and use of nonDOT specification receptacles conforming with all regulations applicable to a DOT specification (2P and 2Q), except for the wall thickness. (Modes 1, 2, 3). To authorize the transportation in commerce of articles containing a Division 2.1 material as de minimis. (Modes 1, 4, 5). To authorize the transportation in commerce of private motor vehicles containing certain hazardous materials via passenger ferry vessels. To authorize the transportation in commerce of non-DOT specification pressure receptacles containing foodstuffs. (Modes 1, 2, 3, 4, 5). To authorize the manufacture, mark, sale, and use of IBCs intended to contain ammonia solutions and dichloromethane. (Modes 1, 2, 3). To authorize the transportation in commerce of certain DOT cargo tanks that have not been requalified in accordance with part 180. (Mode 1). To authorize the transportation in commerce of low production lithium batteries contained in equipment in non-DOT specification packaging. (Mode 1). E:\FR\FM\14SEN1.SGM 14SEN1

Agencies

[Federal Register Volume 82, Number 177 (Thursday, September 14, 2017)]
[Notices]
[Pages 43283-43285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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: 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-2017-0243), 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