Hours of Service of Drivers: Application for Exemption; Cudd Energy Services, 199-201 [2017-28126]

Download as PDF Federal Register / Vol. 83, No. 1 / Tuesday, January 2, 2018 / Notices aggregate fees paid to the Adviser and any Wholly-Owned Sub-Advisers; (b) the aggregate fees paid to Non-Affiliated Sub-Advisers; and (c) the fee paid to each Affiliated Sub-Adviser. 3. Applicants agree that any order granting the requested relief will be subject to the terms and conditions stated in the application. Such terms and conditions provide for, among other safeguards, appropriate disclosure to Subadvised Funds’ shareholders and notification about sub-advisory changes and enhanced Board oversight to protect the interests of the Subadvised Funds’ shareholders. 4. Section 6(c) of the Act provides that the Commission may exempt any person, security, or transaction or any class or classes of persons, securities, or transactions from any provisions of the Act, or any rule thereunder, if such relief is necessary or appropriate in the public interest and consistent with the protection of investors and purposes fairly intended by the policy and provisions of the Act. Applicants believe that the requested relief meets this standard because, as further explained in the application, the Investment Management Agreements will remain subject to shareholder approval, while the role of the SubAdvisers is substantially equivalent to that of individual portfolio managers, so that requiring shareholder approval of Sub-Advisory Agreements would impose unnecessary delays and expenses on the Subadvised Funds. Applicants believe that the requested relief from the Disclosure Requirements meets this standard because it will improve the Adviser’s ability to negotiate fees paid to the Sub-Advisers that are more advantageous for the Subadvised Funds. For the Commission, by the Division of Investment Management, under delegated authority. Brent J. Fields, Secretary. [FR Doc. 2017–28299 Filed 12–29–17; 8:45 am] BILLING CODE 8011–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration daltland on DSKBBV9HB2PROD with NOTICES [Summary Notice No. 2017–103] Petition for Exemption; Summary of Petition Received; Sierra Pacific Airlines, Inc. Federal Aviation Administration (FAA), DOT. ACTION: Notice. AGENCY: VerDate Sep<11>2014 19:54 Dec 29, 2017 Jkt 244001 This notice contains a summary of a petition seeking relief from specified requirements of Federal Aviation Regulations. The purpose of this notice is to improve the public’s awareness of, and participation in, the FAA’s exemption process. Neither publication of this notice nor the inclusion or omission of information in the summary is intended to affect the legal status of the petition or its final disposition. SUMMARY: Comments on this petition must identify the petition docket number and must be received on or before January 12, 2018. ADDRESSES: Send comments identified by docket number FAA–2017–0964 using any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov and follow the online instructions for sending your comments electronically. • Mail: Send comments to Docket Operations, M–30; U.S. Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room W12–140, West Building Ground Floor, Washington, DC 20590–0001. • Hand Delivery or Courier: Take comments to Docket Operations in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • Fax: Fax comments to Docket Operations at 202–493–2251. Privacy: 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 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, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Justin Barcas (202) 267–7023, Office of Rulemaking, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591. This notice is published pursuant to 14 CFR 11.85. DATES: PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 199 Issued in Washington, DC, on December 27, 2017. Dale Bouffiou, Deputy Executive Director, Office of Rulemaking. Petition for Exemption Docket No.: FAA–2017–0964. Petitioner: Sierra Pacific Airlines. Inc. Section(s) of 14 CFR Affected: 121.1117. Description of Relief Sought: Sierra Pacific Airlines, Inc. seeks an exemption from § 121.1117 to the extent necessary to allow it to operate its one (1) Boeing 737–200 aircraft (Reg. No. N703S) and its two (2) Boeing 737–500 aircraft (Reg. Nos. N708S and N709S) in revenue service after December 26, 2017, even though such aircraft have not been retrofitted in compliance with the flammability reduction means requirement in § 121.1117. [FR Doc. 2017–28303 Filed 12–29–17; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2017–0340] Hours of Service of Drivers: Application for Exemption; Cudd Energy Services 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 Cudd Energy Services (CES) (incorporated as Cudd Pressure Control Inc., and Cudd Pumping Services Inc.) requesting an exemption from the electronic logging device (ELD) requirements for their specially trained drivers of specially constructed commercial motor vehicles (CMVs) used in oilfield operations. The exemption would allow drivers of these infrequently-driven CMVs to complete paper records of duty status (RODS) instead of using an ELD device. These drivers are prohibited by regulation from using the short-haul exceptions to the hours-of-service (HOS) rules. CES believes that the exemption would not have any adverse impacts on operational safety because drivers would remain subject to the HOS regulations as well as the requirements to maintain paper RODS. FMCSA requests public comment on CES’ application for exemption. DATES: Comments must be received on or before February 1, 2018. SUMMARY: E:\FR\FM\02JAN1.SGM 02JAN1 200 Federal Register / Vol. 83, No. 1 / Tuesday, January 2, 2018 / Notices You may submit comments identified by Federal Docket Management System (FDMS) Number FMCSA–2017–0340 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. ADDRESSES: 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. daltland on DSKBBV9HB2PROD with NOTICES FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: I. Public Participation and Request for Comments FMCSA encourages you to participate by submitting comments and related materials. VerDate Sep<11>2014 19:54 Dec 29, 2017 Jkt 244001 Submitting Comments If you submit a comment, please include the docket number for this notice (FMCSA–2017–0340), 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–2017–0340’’ 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, PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 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 Cudd Energy Services (CES) (incorporated as Cudd Pressure Control Inc., USDOT 211908 and Cudd Pumping Services Inc. USDOT 962805) is requesting an exemption from the requirement in 49 CFR 395.8(a)(1)(i) that motor carriers ensure their drivers use ELDs in place of written records of duty status (RODS) to record their duty status for each 24-hour period. According to CES, the exemption would be applicable to CES’ operations in which specially trained drivers of CMVs specially constructed to service oil wells are utilized. The exemption is requested for 5 years and would cover a total of approximately 939 drivers and 1,858 CMVs. CES’ services utilizing special equipment are performed in an environment where connectivity and driver access to the vehicles both affect the use of an ELD system. Due to regulatory wording in 49 CFR 395.1 (d)(2), these drivers are not eligible to use the provisions of Section 395.1(e)(1) for 100 air-mile short-haul operations. Therefore, the drivers would normally be required to be operating vehicles equipped with ELDs. CES reports that it intends to install equipment that would enable tracking of its vehicles when communication capabilities exist, but would not meet AOBRD or ELD standards. They state that this tracking would provide an increased level of safety. CES listed AOBRD/ELD issues that it claims could prevent a driver from logging into an ELD system such as poor cellular service in certain oilfield locations and when companies prohibit cell phones and electronic equipment exclusively while operations are in progress. According to CES, ‘‘If drivers are required to use the ELD, Cudd feels the efforts involved in administering the documentation to show why paper logs were utilized beyond the eight-day threshold, tracking all repairs purely due to communication loss, and manual editing of RODS, would become counterproductive, not cost effective and does not contribute to the safety of the driver, equipment, or motoring public.’’ CES asserts that due to the low exposure of these vehicle in traffic, E:\FR\FM\02JAN1.SGM 02JAN1 Federal Register / Vol. 83, No. 1 / Tuesday, January 2, 2018 / Notices compliance with current paper log provisions would ensure compliance with driver fatigue reduction intentions of 49 CFR part 395. A copy of CES’ 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. 2017–28126 Filed 12–29–17; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2017–0356] Hours of Service of Drivers: Application for Exemption; Owner Operator Independent Drivers Association, Inc. Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of application for exemption; request for comments. AGENCY: FMCSA announces that the Owner Operator Independent Drivers Association, Inc. (OOIDA) has requested an exemption from the electronic logging device (ELD) requirements for motor carriers considered to be a small transportation trucking business. OOIDA request this exemption to allow small trucking businesses that do not have a carrier safety rating of ‘‘unsatisfactory,’’ and can document a proven history of safety performance with no attributable at-fault crashes, to complete paper records of duty status (RODS) instead of using an ELD device. OOIDA believes that the exemption would not have any adverse impacts on operational safety as motor carriers and 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 OOIDA’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–2017–0356 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, daltland on DSKBBV9HB2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 19:54 Dec 29, 2017 Jkt 244001 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–2017–0356), 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 PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 201 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–2017–0356’’ 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 OOIDA reports that it is the largest association representing the views of small-business motor carriers. OOIDA has approximately 160,000 members E:\FR\FM\02JAN1.SGM 02JAN1

Agencies

[Federal Register Volume 83, Number 1 (Tuesday, January 2, 2018)]
[Notices]
[Pages 199-201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-28126]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0340]


Hours of Service of Drivers: Application for Exemption; Cudd 
Energy Services

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 Cudd 
Energy Services (CES) (incorporated as Cudd Pressure Control Inc., and 
Cudd Pumping Services Inc.) requesting an exemption from the electronic 
logging device (ELD) requirements for their specially trained drivers 
of specially constructed commercial motor vehicles (CMVs) used in 
oilfield operations. The exemption would allow drivers of these 
infrequently-driven CMVs to complete paper records of duty status 
(RODS) instead of using an ELD device. These drivers are prohibited by 
regulation from using the short-haul exceptions to the hours-of-service 
(HOS) rules. CES believes that the exemption would not have any adverse 
impacts on operational safety because drivers would remain subject to 
the HOS regulations as well as the requirements to maintain paper RODS. 
FMCSA requests public comment on CES' application for exemption.

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

[[Page 200]]


ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Number FMCSA-2017-0340 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-2017-0340), 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-2017-0340'' 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

    Cudd Energy Services (CES) (incorporated as Cudd Pressure Control 
Inc., USDOT 211908 and Cudd Pumping Services Inc. USDOT 962805) is 
requesting an exemption from the requirement in 49 CFR 395.8(a)(1)(i) 
that motor carriers ensure their drivers use ELDs in place of written 
records of duty status (RODS) to record their duty status for each 24-
hour period. According to CES, the exemption would be applicable to 
CES' operations in which specially trained drivers of CMVs specially 
constructed to service oil wells are utilized. The exemption is 
requested for 5 years and would cover a total of approximately 939 
drivers and 1,858 CMVs.
    CES' services utilizing special equipment are performed in an 
environment where connectivity and driver access to the vehicles both 
affect the use of an ELD system. Due to regulatory wording in 49 CFR 
395.1 (d)(2), these drivers are not eligible to use the provisions of 
Section 395.1(e)(1) for 100 air-mile short-haul operations. Therefore, 
the drivers would normally be required to be operating vehicles 
equipped with ELDs.
    CES reports that it intends to install equipment that would enable 
tracking of its vehicles when communication capabilities exist, but 
would not meet AOBRD or ELD standards. They state that this tracking 
would provide an increased level of safety. CES listed AOBRD/ELD issues 
that it claims could prevent a driver from logging into an ELD system 
such as poor cellular service in certain oilfield locations and when 
companies prohibit cell phones and electronic equipment exclusively 
while operations are in progress. According to CES, ``If drivers are 
required to use the ELD, Cudd feels the efforts involved in 
administering the documentation to show why paper logs were utilized 
beyond the eight-day threshold, tracking all repairs purely due to 
communication loss, and manual editing of RODS, would become 
counterproductive, not cost effective and does not contribute to the 
safety of the driver, equipment, or motoring public.''
    CES asserts that due to the low exposure of these vehicle in 
traffic,

[[Page 201]]

compliance with current paper log provisions would ensure compliance 
with driver fatigue reduction intentions of 49 CFR part 395.
    A copy of CES' 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. 2017-28126 Filed 12-29-17; 8:45 am]
 BILLING CODE 4910-EX-P