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