Hours of Service of Drivers: Pipe Line Contractors Association (PLCA); Application for Exemption
| Published date | 22 July 2020 |
| Citation | 85 FR 44356 |
| Record Number | 2020-15815 |
| Section | Notices |
| Court | Federal Motor Carrier Safety Administration |
Federal Register, Volume 85 Issue 141 (Wednesday, July 22, 2020)
[Federal Register Volume 85, Number 141 (Wednesday, July 22, 2020)]
[Notices]
[Pages 44356-44357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15815]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2020-0157]
Hours of Service of Drivers: Pipe Line Contractors Association
(PLCA); Application for Exemption
ACTION: Notice of application for exemption; request for comments.
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SUMMARY: FMCSA announces that it has received an application from the
Pipe Line Contractors Association (PLCA) for an exemption from certain
hours-of-service (HOS) regulations for drivers of a variety of
commercial motor vehicles (CMVs) employed by its member pipeline
contractors. PLCA specifically seeks an exemption from: (1) The
requirement of the short-haul exception that drivers return to the work
reporting location from which they started the day; (2) the requirement
that drivers use electronic logging devices (ELDs) if they must
complete a record of duty status (RODS) on more than 8 days in any 30-
day period; and (3) the prohibition on driving after having been on
duty for 70 hours in 8 consecutive days. The PLCA also requested that
drivers of CMVs used exclusively in the construction and servicing of
pipelines be allowed the same HOS exceptions currently available to
oilfield operations. FMCSA requests public comment on PLCA's
application for exemption.
DATES: August 21, 2020.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2020-0157 using any of the
following methods:
Federal eRulemaking Portal: www.regulations.gov. Follow
the online instructions for submitting comments.
Mail: Send comments to Docket Operations, 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: Deliver comments to Docket
Operations, West Building, Ground Floor, Room W12-140, 1200 New Jersey
Avenue SE, between 9 a.m. and 5 p.m. E.T., Monday through Friday,
except Federal holidays. To be sure someone is there to help you,
please call (202) 366-9317 or (202) 366-9826 before visiting Docket
Operations.
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 Docket
Operations, 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. To be sure someone is
there to help you, please call (202) 366-9317 or (202) 366-9826 before
visiting Docket Operations.
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. Richard Clemente, FMCSA Driver and Carrier
Operations Division; Office of Carrier, Driver and Vehicle Safety
Standards; Telephone: 202-366-4225. 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-2020-0157), 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 comment online, go to www.regulations.gov and put
the docket number, ``FMCSA-2020-0157'' 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.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to www.regulations.gov and insert
the docket number, ``FMCSA-2020-0157'' in the ``Keyword'' box and click
``Search.'' Next, click ``Open Docket Folder'' button and 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.
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. FMCSA must publish a notice of each exemption request in
the Federal Register (49 CFR
[[Page 44357]]
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 the safety analyses and the public comments, 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 reason for the grant or denial, and, if granted,
the specific person or class of persons receiving the exemption, and
the regulatory provision or provisions from which exemption is granted.
The notice must also specify the effective period of the exemption (up
to 5 years), and explain the terms and conditions of the exemption. The
exemption may be renewed (49 CFR 381.300(b)).
III. PLCA Application for Exemption
The PLCA is a trade association of unionized pipeline contractors
specializing in the construction and maintenance of oil and gas
transmission pipelines. PLCA members are committed to completing every
job with the highest level of attention to safety, quality, and
environmental compliance. Pipeline jobs range from construction of
major interstate and intrastate pipelines to maintenance and repair
work for utilities, and these projects vary in duration, from a few
weeks to six months or more on a major construction project. Their
members typically hire workers on a project-by-project basis who will
work on multiple jobs each year, typically traveling all over the
United States to do so. Pipeline construction companies operate a fleet
of CMVs, most of which are operated by holders of commercial driver's
licenses (CDLs). PLCA believes that the current HOS regulations are
ill-suited to address the needs and safety concerns of pipeline
industry drivers. Pipeline contractors are skilled tradesman and
driving is ancillary to their primary role as construction workers, as
they typically spend only a few hours a day operating CMVs on public
roads.
PLCA requests exemption from the following HOS provisions:
(1) The short-haul exception [49 CFR 395.1(e)(1)] recently amended
by the final rule adopted on June 1,2020, with an effective date of
Sept. 29, 2020 (85 FR 33396) retains the requirement that drivers
return to the work reporting location from which they were dispatched
in the morning. PLCA requests that drivers for its member companies who
otherwise meet the requirements of the short-haul exception be allowed
to return to a different location than the one where they started their
workday.
(2) Drivers subject to the Agency's HOS regulations are required to
use ELDs if they must complete RODS on more than 8 days in any 30-day
period [49 CFR 395.8(a)(1)(iii)(A)(1)]. PLCA requests that drivers for
its member companies be allowed to use paper RODS unless RODS are
required on more than 16 days in any 30-day period.
(3) Drivers are prohibited from driving CMVs after having been on
duty for 70 hours in a period of 8 consecutive days [49 CFR
395.3(b)(2)]. PLCA requests that drivers for its member companies be
prohibited from driving only after having been on duty for 80 hours in
8 days. The PLCA also requested that drivers of CMVs used exclusively
in the construction and servicing of pipelines be allowed the same HOS
exceptions currently available to oilfield operations [49 CFR
395.1(d)].
IV. Method To Ensure an Equivalent or Greater Level of Safety
PLCA asserts that granting the exemptions sought will not
negatively impact safety. Drivers working for PLCA member companies
involved in pipeline construction and maintenance are not engaged in
continuous driving. Conversely, they work on the pipeline right-of-way
often operating different construction vehicles. Because of the
different jobs, they normally perform and minimal driving they do, they
are less susceptible to fatigue. The applicant adds that as pipeline
workers spend most their day working on the pipeline right-of-way and
typically only drive on public roads at the start and end of the
workday; drivers would not be on public roads any longer by virtue of
the longer workday. Pipeline drivers very rarely, if ever, utilize
their entire 11 hours allowable daily driving time. PLCA develops and
administers, in conjunction with the labor unions robust training
programs for union pipeline contractor employees, including CMV drivers
focused on safe operations. PLCA member contractors and their drivers
have excellent safety records and the applicant does not anticipate any
additional reduction in safety attributable to the granting of the
exemptions sought.
A copy of the exemption application is available for review in the
docket for this notice.
V. Request for Comments
In accordance with 49 U.S.C. 31315(b)(6), FMCSA requests public
comment from all interested persons on PLCA's application for an
exemption. All comments received before the close of business on the
comment closing date indicated at the beginning of this notice will be
considered and will be available for examination in the docket at the
location listed under the ``Addresses'' section of this notice.
Comments received after the comment closing date will be filed in the
public docket and will be considered to the extent practicable. In
addition to late comments, FMCSA will also continue to file, in the
public docket, relevant information that becomes available after the
comment closing date. Interested persons should continue to examine the
public docket for new material.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020-15815 Filed 7-21-20; 8:45 am]
BILLING CODE 4910-EX-P
