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

Larry W. Minor
Federal Motor Carrier Safety Administration
10 July 2017

[Federal Register Volume 82, Number 130 (Monday, July 10, 2017)]
[Notices]
[Pages 31798-31799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14377]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0166]


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

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

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

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

SUMMARY: FMCSA announces that MBI Energy Services (MBI) 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. MBI requests the exemption for all of its vehicles equipped 
with a single-passenger cab, which are used in applications where 
travel is incidental to normal work activities and which require 
special oversize/overweight permits to travel on public roads. These 
vehicles are classified in the State of North Dakota as Special Mobile 
Equipment (SME). According to MBI, single cabs have reduced space for 
installing rough-terrain-capable automatic on-board recording devices 
(AOBRDs) or ELDs. MBI believes that the exemption, if granted, would 
not have any adverse impacts on operational safety, as drivers would 
remain subject to the standard HOS limits and maintain a paper record 
of duty status (RODS). The term of the requested exemption is 5 years. 
FMCSA requests public comment on MBI's application for exemption.

DATES: Comments must be received on or before August 9, 2017.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Number FMCSA-2017-0166 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. 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-2017-0166), 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-2017-0166'' 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

    MBI (USDOT 261829) is a provider of water management logistics and 
well-intervention services in North Dakota,

[[Page 31799]]

South Dakota, Wyoming, Montana, and Colorado. The requested exemption 
would affect 65 MBI Energy Services drivers operating 42 single-cab 
vehicles classified in North Dakota as Special Mobile Equipment (SME). 
These vehicles meet the definition of a commercial motor vehicle (CMV) 
in 49 CFR 390.5 and therefore are subject to the ELD or AOBRD mandate. 
These specialized vehicles perform various work activities in an 
environment where connectivity is limited, working and road conditions 
are rough, and the necessity for driving on public roads is sporadic 
and incidental to the overall work being performed. The vehicles may 
sit on work locations for long periods of time, up to weeks or even 
months. These vehicles are typically oversize and overweight requiring 
special permits for transport. Many States do not require registration, 
as they build the registration fees into the permit process.
    Examples of SMEs meeting the definition of a CMV having a single 
cab include cranes, workover rigs, and swab units. Single cabs have 
reduced space for installing rough-terrain-capable AOBRDs or ELDs. The 
devices used must be capable of satellite communication where cell 
communication is poor to non-existent. The installation of rugged 
logging units, weighing more than typical units used in highway 
applications, would reduce driver visibility in an already large 
vehicle due to the limited space found in single-cab vehicles. 
Additionally, the installation and rough terrain upon which the 
vehicles travel may require a unit being installed over the driver's 
head, increasing the risk of the unit falling on the driver resulting 
in injury or a vehicle accident involving the travelling public.
    While these vehicles normally travel little, business demand may 
require MBI vehicles to move more often than 8 days in a 30-day period, 
the maximum frequency allowed by 49 CFR 395.8(a)(1)(iii)(A)(1) for the 
use of paper RODS instead of ELDs. According to MBI, the current 
regulations do not address circumstances where the vehicle's exemption 
status is sporadic in nature, thus requiring MBI to install an ELD to 
remain compliant during times not covered by the exemption. While 
alternatives exist to industrial-grade logging units, the alternatives 
usually involve cell phones or cell-capable tablets where the terrain 
or remote locations of work may inhibit logging device communication 
for extended periods of time. Many worksites prohibit cell phone usage 
due to safety concerns. Additionally, installations in special vehicles 
will increase costs substantially due to the unusual configurations of 
single cab vehicles requiring specialized wiring harnesses and custom 
installation kits.
    MBI states that the exemption would involve no additional costs 
since current regulations require drivers to manually record duty 
status, and that would not change under the exemption. Companies 
operating single-cab special mobile equipment would realize savings 
compared to the costs incurred to install custom hardware required for 
industrial-grade logging units meeting the ELD mandate and the 
subsequent monthly communication costs. MBI requests a 5-year 
exemption.

IV. Method To Ensure an Equivalent or Greater Level of Safety

    MBI states that it would continue to use paper logs if granted the 
exemption and would require the driver to document on-duty and driving 
times to ensure compliance with the requirements of 49 CFR part 395. 
According to MBI, paper logs would be reviewed daily by supervisory 
personnel to ensure regulatory compliance and appropriate fatigue 
management. Because the vehicles are rarely driven and highly regulated 
by States when being transported, with minimal highway exposure, the 
driving public would not be adversely affected, and the safety of these 
specialized vehicles would not be compromised due to unwieldy device 
installations in an already cramped operator's compartment.
    A copy of MBI's application for exemption is available for review 
in the docket for this notice.

    Issued on: July 3, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-14377 Filed 7-7-17; 8:45 am]
 BILLING CODE 4910-EX-P