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

Larry W. Minor
Federal Motor Carrier Safety Administration
2 January 2018

[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.

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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: 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!''

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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