Hours of Service of Drivers: Application for Exemption; Association of Energy Service Companies, 202-203 [2017-28123]

Download as PDF daltland on DSKBBV9HB2PROD with NOTICES 202 Federal Register / Vol. 83, No. 1 / Tuesday, January 2, 2018 / Notices located in all 50 states and Canada who collectively own and operate more than 240,000 individual heavy-duty trucks. OOIDA is requesting an exemption from the ELD mandate scheduled to become effective December 18, 2017, for motor carriers that are considered to be a small trucking business as defined by 13 CFR 121.201,1 who do not have a carrier safety rating of ‘‘unsatisfactory,’’ and can document a proven history of safety performance with no attributable at-fault crashes. OOIDA asserts that the exemption would not have any adverse impacts on operational safety, as motor carriers and drivers would remain subject to the HOS regulations in 49 CFR 395.3, as well as the requirements to maintain a paper RODS under 49 CFR 395.8. The exemption would also allow smallbusiness motor carriers to maintain their current practices that have resulted in a proven safety record. The term of the requested exemption, if granted, is for five years, subject to renewal upon application. In its application, OOIDA addressed many of its concerns regarding cybersecurity issues, cost, and the lack of validation for ELDs in the marketplace. OOIDA believes that a five year exemption would provide necessary time for ELD manufacturers to be fully vetted by Federal regulators, would allow small-business carriers to determine which device best fits their operation, and provide additional time for law enforcement to analyze which devices fulfill regulatory requirements. OOIDA concluded: ‘‘Many OOIDA members with millions of accident-free miles driving during their career have notified us that they will be retiring as a result of this mandate. These drivers are subject matter experts who have driven an array of trucks in severe weather, traffic and other conditions. If these drivers will remain in the trucking industry as result of an exemption, then that will achieve a level safety equal to, or greater than, the level that would be obtained by complying with the ELD mandate. If the mandates forces these skilled drivers out of the industry, they will be replaced with new, inexperienced drivers that are far more likely to crash which will not achieve an equal or higher level of safety.’’ A copy of OOIDA’s application for exemption is available for review in the docket for this notice. 1 The Small Business Administration size standard for truck transportation and local delivery services is currently $27.5 million. https:// www.sba.gov/sites/default/files/files/Size_ Standards_Table_2017.pdf. VerDate Sep<11>2014 19:54 Dec 29, 2017 Jkt 244001 Issued on: December 22, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017–28125 Filed 12–29–17; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2017–0337] Hours of Service of Drivers: Application for Exemption; Association of Energy Service Companies Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of application for exemption; request for comments. AGENCY: FMCSA announces that it has received an application from the Association of Energy Service Companies (AESC) requesting an exemption from the electronic logging device (ELD) requirements for well service rig contractors. AESC request this exemption to allow all drivers of well service rigs to complete paper records of duty status (RODS) instead of using an ELD device whenever the drivers exceed the requirements of the short-haul exception. AESC believes that the exemption would not have any adverse impacts on operational safety because drivers would remain subject to the hours-of-service (HOS) regulations as well as the requirements to maintain paper RODS. FMCSA requests public comment on AESC’s application for exemption. SUMMARY: Comments must be received on or before February 1, 2018. ADDRESSES: You may submit comments identified by Federal Docket Management System (FDMS) Number FMCSA–2017–0337 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 DATES: PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 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. Thomas 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–2017–0337), 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–2017–0337’’ in the ‘‘Keyword’’ box, and click ‘‘Search.’’ When the new screen appears, click on ‘‘Comment Now!’’ E:\FR\FM\02JAN1.SGM 02JAN1 Federal Register / Vol. 83, No. 1 / Tuesday, January 2, 2018 / Notices 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. daltland on DSKBBV9HB2PROD with NOTICES 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 AESC is requesting an exemption on behalf of well service rig contractors from the requirement in 49 CFR part 395.8(a) that motor carriers ensure their drivers use ELDs in place of written logs to record their duty status for each 24hour period. The term of the requested exemption is for five years, subject to renewal. According to AESC, complying with the ELD requirement would be overly burdensome for well service rig contractors without providing any measurable safety benefit. The drivers of VerDate Sep<11>2014 19:54 Dec 29, 2017 Jkt 244001 well service rigs hold commercial driver’s licenses and typically operate under the short-haul exception. While drivers must record their duty status on paper on any day they exceed the requirements of the short-haul exception, the changes that take effect on December 18, 2017, would require drivers to use an ELD whenever they exceed the 8 in 30-day threshold HOS exception. AESC contends that without the exemption well service rig 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 day in a rolling 30-day period immediately before the employer hired the driver. Contractors would have to purchase ELDs, train the drivers on their usage and monitor compliance. AESC explained that well service rig drivers operate under different circumstances than long-haul truck drivers. Well service rig drivers spend very little time on public roads, in contrast to long-haul truck drivers, who spend most of their on-duty hours driving on public roads. Depending on the service required at the oil well, a well service rig spends two to five days parked at a single location or sometimes longer. The oil well serves as the daily work reporting location, and the well service rigs remain stationary at that location until the job is completed. AESC asserts that exempting well service rig contractors from the ELD requirement would have no impact on safety for several reasons. First, drivers would continue to maintain written RODS logs on any day that they exceed the requirements of the short-haul exception. Second, drivers typically spend little time on public roads. Third, contractors are required to maintain time records for their drivers. Fourth, contractors and drivers otherwise must comply with the HOS requirements. AESC further asserts that a level of safety that is equivalent, or greater than, the level of safety obtained by complying with the regulation will be maintained by continuing the practices already being exercised in the industry. AESC reports that one current method of ensuring safety is the process of a contractor obtaining a permit from the State prior to driving the well service rig on a public highway. Well service rigs are then provided an escort as they move to their next location. A copy of AESC’s application for exemption is available for review in the docket for this notice. PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 203 Issued on: December 22, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017–28123 Filed 12–29–17; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2017–0361] Hours of Service of Drivers: Application for Exemption; American Disposal Services, Inc. (ADS) Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of application for exemption; request for comments. AGENCY: FMCSA announces that American Disposal Services, Inc. (ADS) 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. ADS further requested an exemption from the required use of paper records of duty status (RODS). ADS requests these exemptions for all of its operators of a commercial motor vehicle (CMV) in their company and their affiliates. FMCSA would extend the exemption to all carriers with similar operational scenarios if the exemption were granted in entirety or in part. ADS advises that ELD systems cannot accurately record driving time for a CMV that stops at each house along their trash and recycling residential routes, with the driver often leaving the vehicle. ADS believes that the exemptions, if granted, will achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent the exemptions. FMCSA requests public comment on the ADS application for exemptions. SUMMARY: Comments must be received on or before February 1, 2018. ADDRESSES: You may submit comments identified by Federal Docket Management System (FDMS) Number FMCSA–2017–0361 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. DATES: E:\FR\FM\02JAN1.SGM 02JAN1

Agencies

[Federal Register Volume 83, Number 1 (Tuesday, January 2, 2018)]
[Notices]
[Pages 202-203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-28123]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0337]


Hours of Service of Drivers: Application for Exemption; 
Association of Energy Service Companies

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of application for exemption; request for comments.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces that it has received an application from the 
Association of Energy Service Companies (AESC) requesting an exemption 
from the electronic logging device (ELD) requirements for well service 
rig contractors. AESC request this exemption to allow all drivers of 
well service rigs to complete paper records of duty status (RODS) 
instead of using an ELD device whenever the drivers exceed the 
requirements of the short-haul exception. AESC believes that the 
exemption would not have any adverse impacts on operational safety 
because drivers would remain subject to the hours-of-service (HOS) 
regulations as well as the requirements to maintain paper RODS. FMCSA 
requests public comment on AESC's application for exemption.

DATES: Comments must be received on or before February 1, 2018.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Number FMCSA-2017-0337 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. 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:

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-2017-0337), 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-2017-0337'' in the ``Keyword'' box, and 
click ``Search.'' When the new screen appears, click on ``Comment 
Now!''

[[Page 203]]

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

    AESC is requesting an exemption on behalf of well service rig 
contractors from the requirement in 49 CFR part 395.8(a) that motor 
carriers ensure their drivers use ELDs in place of written logs to 
record their duty status for each 24-hour period. The term of the 
requested exemption is for five years, subject to renewal. According to 
AESC, complying with the ELD requirement would be overly burdensome for 
well service rig contractors without providing any measurable safety 
benefit. The drivers of well service rigs hold commercial driver's 
licenses and typically operate under the short-haul exception. While 
drivers must record their duty status on paper on any day they exceed 
the requirements of the short-haul exception, the changes that take 
effect on December 18, 2017, would require drivers to use an ELD 
whenever they exceed the 8 in 30-day threshold HOS exception.
    AESC contends that without the exemption well service rig 
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 day in a rolling 30-day 
period immediately before the employer hired the driver. Contractors 
would have to purchase ELDs, train the drivers on their usage and 
monitor compliance.
    AESC explained that well service rig drivers operate under 
different circumstances than long-haul truck drivers. Well service rig 
drivers spend very little time on public roads, in contrast to long-
haul truck drivers, who spend most of their on-duty hours driving on 
public roads. Depending on the service required at the oil well, a well 
service rig spends two to five days parked at a single location or 
sometimes longer. The oil well serves as the daily work reporting 
location, and the well service rigs remain stationary at that location 
until the job is completed.
    AESC asserts that exempting well service rig contractors from the 
ELD requirement would have no impact on safety for several reasons. 
First, drivers would continue to maintain written RODS logs on any day 
that they exceed the requirements of the short-haul exception. Second, 
drivers typically spend little time on public roads. Third, contractors 
are required to maintain time records for their drivers. Fourth, 
contractors and drivers otherwise must comply with the HOS 
requirements.
    AESC further asserts that a level of safety that is equivalent, or 
greater than, the level of safety obtained by complying with the 
regulation will be maintained by continuing the practices already being 
exercised in the industry. AESC reports that one current method of 
ensuring safety is the process of a contractor obtaining a permit from 
the State prior to driving the well service rig on a public highway. 
Well service rigs are then provided an escort as they move to their 
next location.
    A copy of AESC's application for exemption is available for review 
in the docket for this notice.

    Issued on: December 22, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-28123 Filed 12-29-17; 8:45 am]
 BILLING CODE 4910-EX-P