Pipe Line Contractors Association; United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry; Application for Exemption, 53384-53385 [2015-21893]
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53384
Federal Register / Vol. 80, No. 171 / Thursday, September 3, 2015 / Notices
16517; 64 FR 27027; 64 FR 51568; 66 FR
30502; 66 FR 41654; 66 FR 41656; 66 FR
48504; 68 FR 19598; 68 FR 33570; 68 FR
37197; 68 FR 44837; 68 FR 48989; 68 FR
54775; 70 FR 2701; 70 FR 16887; 70 FR
30999; 70 FR 42615; 70 FR 46567; 70 FR
53412; 72 FR 39879; 72 FR 52419; 72 FR
62896; 74 FR 43221; 76 FR 53708; 78 FR
78477). Each of these 13 applicants has
requested renewal of the exemption and
has submitted evidence showing that
the vision in the better eye continues to
meet the requirement specified at 49
CFR 391.41(b)(10) and that the vision
impairment is stable. In addition, a
review of each record of safety while
driving with the respective vision
deficiencies over the past two years
indicates each applicant continues to
meet the vision exemption
requirements.
These factors provide an adequate
basis for predicting each driver’s ability
to continue to drive safely in interstate
commerce. Therefore, FMCSA
concludes that extending the exemption
for each renewal applicant for a period
of two years is likely to achieve a level
of safety equal to that existing without
the exemption.
tkelley on DSK3SPTVN1PROD with NOTICES
IV. 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–1998–4334; FMCSA–
1999–5578; FMCSA–2001–9561;
FMCSA–2003–14504; FMCSA–2003–
15268; FMCSA–2005–20027; FMCSA–
2005–21254; FMCSA–2007–27897),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. 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 comment online, go to
https://www.regulations.gov and put the
docket number, ‘‘FMCSA–1998–4334;
FMCSA–1999–5578; FMCSA–2001–
9561; FMCSA–2003–14504; FMCSA–
2003–15268; FMCSA–2005–20027;
FMCSA–2005–21254; FMCSA–2007–
27897’’ in the ‘‘Keyword’’ box, and click
‘‘Search.’’ When the new screen
appears, click on ‘‘Comment Now!’’
button and type your comment into the
VerDate Sep<11>2014
14:42 Sep 02, 2015
Jkt 235001
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 change
this notice based on your comments.
Viewing Comments and Documents
To view comments, as well as any
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov and in the
search box insert the docket number,
‘‘FMCSA–1998–4334; FMCSA–1999–
5578; FMCSA–2001–9561; FMCSA–
2003–14504; FMCSA–2003–15268;
FMCSA–2005–20027; FMCSA–2005–
21254; FMCSA–2007–27897’’ in the
‘‘Keyword’’ box and click ‘‘Search.’’
Next, click ‘‘Open Docket Folder’’
button choose the document listed to
review. If you do not have access to the
Internet, you may view the docket
online by visiting the Docket
Management Facility in Room W12–140
on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., e.t., Monday through Friday,
except Federal holidays.
Issued on: August 24, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015–21895 Filed 9–2–15; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2015–0267]
Pipe Line Contractors Association;
United Association of Journeymen and
Apprentices of the Plumbing and Pipe
Fitting Industry; Application for
Exemption
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of application for
exemption; request for comments.
AGENCY:
FMCSA announces that it has
received a joint application from the
Pipe Line Contractors Association
(PLCA) and the United Association of
Journeymen and Apprentices of the
SUMMARY:
PO 00000
Frm 00108
Fmt 4703
Sfmt 4703
Plumbing and Pipe Fitting Industry of
the United States and Canada, AFL-CIO
(UA), for an exemption from Parts 391,
392, 393, 395 and 396 of the Federal
Motor Carrier Safety Regulations
(FMCSRs). The exemption would be
available to motor carriers and drivers
operating commercial motor vehicles
(CMV) weighing less than 15,000
pounds while engaged in pipelinewelding operations. FMCSA requests
public comment on this joint
application for exemption.
DATES: Comments must be received on
or before October 5, 2015.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket ID, FMCSA–
2015–0267 using any of the following
methods:
• Federal eRulemaking Portal: Go to
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• 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.,
Washington, DC, between 9 a.m. and 5
p.m., ET, 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 online FDMS is available
24 hours each day, 365 days each year.
If you want acknowledgment that we
received your comments, please include
a self-addressed, stamped envelope or
postcard or print the acknowledgment
page that appears after submitting
comments on-line.
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.
E:\FR\FM\03SEN1.SGM
03SEN1
Federal Register / Vol. 80, No. 171 / Thursday, September 3, 2015 / Notices
Mr.
Robert Schultz, Driver and Carrier
Operations Division; Office of Carrier,
Driver and Vehicle Safety Standards,
FMCSA; Telephone: 202–366–4325.
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:
FOR FURTHER INFORMATION CONTACT:
tkelley on DSK3SPTVN1PROD with NOTICES
Background
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. 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 regulations (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)), but only after the public is
provided the opportunity to comment
on the renewal.
Request for Exemption
UA and PLCA, the applicants, jointly
seek exemption from part 391,
‘‘Qualifications of Drivers,’’ part 392,
‘‘Driving of Commercial Motor
Vehicles,’’ part 393 ‘‘Parts and
Accessories Necessary for Safe
Operation,’’ and part 395, ‘‘Hours of
Service of Drivers.’’ The regulations
from which the applicants seek
exemption apply only to drivers and
motor carriers operating in interstate
commerce. According to UA and PLCA,
welders ‘‘live in various states and
travel from job to job, often across state
lines,’’ but the applicants did not
otherwise address the question whether
pipeline welders operate in interstate
commerce. The complete application is
available in the docket referred to at the
beginning of this notice.
VerDate Sep<11>2014
14:42 Sep 02, 2015
Jkt 235001
UA is a trade union whose
membership includes approximately
3,500 welders who are employed by
companies engaged in the construction,
repair and maintenance of pipelines.
The typical welder owns a heavy-duty
pickup truck equipped with welding
equipment and weighing less than
15,000 pounds that he or she drives to
the work site. The pipeline-construction
companies employing the drivers are
members of PLCA, a trade association.
According to the joint application for
exemption, pipeline contractors
typically hire 10 to 12 welders for a
specific location and the employment
usually lasts 4 to 6 weeks. PLCA states
that its contractors were involved in
approximately 500 such projects in
2014.
For many welders, the truck is the
sole vehicle they have; they use it for
personal errands and other everyday use
when they are not on the job. The
applicants state that the pipeline
contractor hiring the welder enters into
a lease for use of the truck for the period
of the welder’s employment. It also
agrees to pay an hourly fee for the time
during which the welding equipment is
actually in use.
Pipeline projects are typically located
in remote areas served by right-of-ways
that are not open to the public. As
described in the application, at the
beginning of the day, welders typically
drive their welding vehicle to a
prearranged ‘‘assembly point’’ that is
usually about 10 miles from the pipeline
right of way. After driving their vehicle
10 miles on public roads, welders enter
the pipeline right-of-way at the project
site and do not usually return to the
public roads until the end of the
workday. The applicants state that even
the largest pipeline projects do not
exceed 100 miles in length. The typical
workday for a welder includes
significant ‘‘waiting time’’ in the remote
area because welders often have to wait
for other work to be completed before
they can weld. Welders typically work
10 hours a day, 6 days a week.
The FMCSRs place responsibility
upon motor carriers to ensure the safety
of the vehicles they place into
commerce. The applicants state that it is
not practical for the pipeline contractors
to be responsible for inspection of the
welding-vehicles because the vehicles
remain under control of the welders at
all times. They cite terms of the
collective bargaining agreement
requiring the welders to maintain their
vehicle in safe condition, and point out
that PLCA provides safety training to its
members and their drivers. They also
contend that the FMCSRs should not
apply to the operation of the welding
PO 00000
Frm 00109
Fmt 4703
Sfmt 4703
53385
CMVs because these vehicles must pass
state inspections applicable to passenger
vehicles.
The FMCSRs place various
responsibilities upon motor carriers
relative to the qualifications and health
of the drivers it permits to operate
CMVs in interstate commerce. The
applicants contend that because
pipeline-construction companies hire
welders temporarily—usually for 6
weeks or less—it is not practical for
them to comply with regulatory
requirements pertaining to driver
qualification files and driver hours of
service. Pipeline-welders are often also
motor carriers as that term is defined by
the FMCSRs. The welders assert that it
is not practical for them to comply with
the FMCSRs because they are sole
proprietors and it is too taxing for them
to keep up with all the requirements of
the FMCSRs. They further contend that
welding CMVs are seldom on public
roads and that ‘‘DOT officials and
officers’’ apply truck safety rules
inconsistently when they encounter
welding vehicles on public roads.
Request for Comments
In accordance with 49 U.S.C. 31136(e)
and 31315(b)(4), FMCSA requests public
comment on the joint application of UA
and the PLCA for exemption from part
391, ‘‘Qualifications of Drivers,’’ part
392, ‘‘Driving of Commercial Motor
Vehicles,’’ part 393 ‘‘Parts and
Accessories Necessary for Safe
Operation,’’ and part 395, ‘‘Hours of
Service of drivers.’’ The Agency will
consider all comments received by close
of business on October 5, 2015.
Comments will be available for
examination in the docket at the
location listed under the ADDRESSES
section of this notice.
Issued on: August 28, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015–21893 Filed 9–2–15; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA 2015–0146]
Agency Information Collection
Activities; Extension of a CurrentlyApproved Information Collection
Request: Training Certification for
Entry-Level Commercial Motor Vehicle
Operators
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
AGENCY:
E:\FR\FM\03SEN1.SGM
03SEN1
]]>Agencies
[Federal Register Volume 80, Number 171 (Thursday, September 3, 2015)]
[Notices]
[Pages 53384-53385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21893]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2015-0267]
Pipe Line Contractors Association; United Association of
Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry;
Application for Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of application for exemption; request for comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces that it has received a joint application from
the Pipe Line Contractors Association (PLCA) and the United Association
of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry
of the United States and Canada, AFL-CIO (UA), for an exemption from
Parts 391, 392, 393, 395 and 396 of the Federal Motor Carrier Safety
Regulations (FMCSRs). The exemption would be available to motor
carriers and drivers operating commercial motor vehicles (CMV) weighing
less than 15,000 pounds while engaged in pipeline-welding operations.
FMCSA requests public comment on this joint application for exemption.
DATES: Comments must be received on or before October 5, 2015.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID, FMCSA-2015-0267 using any of the
following methods:
Federal eRulemaking Portal: Go to www.regulations.gov.
Follow the on-line instructions for submitting comments.
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., Washington, DC, between 9 a.m. and
5 p.m., ET, 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 online FDMS is available 24 hours each
day, 365 days each year. If you want acknowledgment that we received
your comments, please include a self-addressed, stamped envelope or
postcard or print the acknowledgment page that appears after submitting
comments on-line.
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.
[[Page 53385]]
FOR FURTHER INFORMATION CONTACT: Mr. Robert Schultz, Driver and Carrier
Operations Division; Office of Carrier, Driver and Vehicle Safety
Standards, FMCSA; Telephone: 202-366-4325. 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:
Background
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. 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 regulations (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)), but only after the public is provided the
opportunity to comment on the renewal.
Request for Exemption
UA and PLCA, the applicants, jointly seek exemption from part 391,
``Qualifications of Drivers,'' part 392, ``Driving of Commercial Motor
Vehicles,'' part 393 ``Parts and Accessories Necessary for Safe
Operation,'' and part 395, ``Hours of Service of Drivers.'' The
regulations from which the applicants seek exemption apply only to
drivers and motor carriers operating in interstate commerce. According
to UA and PLCA, welders ``live in various states and travel from job to
job, often across state lines,'' but the applicants did not otherwise
address the question whether pipeline welders operate in interstate
commerce. The complete application is available in the docket referred
to at the beginning of this notice.
UA is a trade union whose membership includes approximately 3,500
welders who are employed by companies engaged in the construction,
repair and maintenance of pipelines. The typical welder owns a heavy-
duty pickup truck equipped with welding equipment and weighing less
than 15,000 pounds that he or she drives to the work site. The
pipeline-construction companies employing the drivers are members of
PLCA, a trade association. According to the joint application for
exemption, pipeline contractors typically hire 10 to 12 welders for a
specific location and the employment usually lasts 4 to 6 weeks. PLCA
states that its contractors were involved in approximately 500 such
projects in 2014.
For many welders, the truck is the sole vehicle they have; they use
it for personal errands and other everyday use when they are not on the
job. The applicants state that the pipeline contractor hiring the
welder enters into a lease for use of the truck for the period of the
welder's employment. It also agrees to pay an hourly fee for the time
during which the welding equipment is actually in use.
Pipeline projects are typically located in remote areas served by
right-of-ways that are not open to the public. As described in the
application, at the beginning of the day, welders typically drive their
welding vehicle to a prearranged ``assembly point'' that is usually
about 10 miles from the pipeline right of way. After driving their
vehicle 10 miles on public roads, welders enter the pipeline right-of-
way at the project site and do not usually return to the public roads
until the end of the workday. The applicants state that even the
largest pipeline projects do not exceed 100 miles in length. The
typical workday for a welder includes significant ``waiting time'' in
the remote area because welders often have to wait for other work to be
completed before they can weld. Welders typically work 10 hours a day,
6 days a week.
The FMCSRs place responsibility upon motor carriers to ensure the
safety of the vehicles they place into commerce. The applicants state
that it is not practical for the pipeline contractors to be responsible
for inspection of the welding-vehicles because the vehicles remain
under control of the welders at all times. They cite terms of the
collective bargaining agreement requiring the welders to maintain their
vehicle in safe condition, and point out that PLCA provides safety
training to its members and their drivers. They also contend that the
FMCSRs should not apply to the operation of the welding CMVs because
these vehicles must pass state inspections applicable to passenger
vehicles.
The FMCSRs place various responsibilities upon motor carriers
relative to the qualifications and health of the drivers it permits to
operate CMVs in interstate commerce. The applicants contend that
because pipeline-construction companies hire welders temporarily--
usually for 6 weeks or less--it is not practical for them to comply
with regulatory requirements pertaining to driver qualification files
and driver hours of service. Pipeline-welders are often also motor
carriers as that term is defined by the FMCSRs. The welders assert that
it is not practical for them to comply with the FMCSRs because they are
sole proprietors and it is too taxing for them to keep up with all the
requirements of the FMCSRs. They further contend that welding CMVs are
seldom on public roads and that ``DOT officials and officers'' apply
truck safety rules inconsistently when they encounter welding vehicles
on public roads.
Request for Comments
In accordance with 49 U.S.C. 31136(e) and 31315(b)(4), FMCSA
requests public comment on the joint application of UA and the PLCA for
exemption from part 391, ``Qualifications of Drivers,'' part 392,
``Driving of Commercial Motor Vehicles,'' part 393 ``Parts and
Accessories Necessary for Safe Operation,'' and part 395, ``Hours of
Service of drivers.'' The Agency will consider all comments received by
close of business on October 5, 2015. Comments will be available for
examination in the docket at the location listed under the ADDRESSES
section of this notice.
Issued on: August 28, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-21893 Filed 9-2-15; 8:45 am]
BILLING CODE 4910-EX-P
