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Hours of Service of Drivers: Pipe Line Contractors Association; Application for Exemption Publication: Federal Register Signing Official: Robin Hutcheson Agency/Department: Federal Motor Carrier Safety Administration Date: 15 June 2022 
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[Federal Register Volume 87, Number 115 (Wednesday, June 15, 2022)]
[Notices]
[Pages 36201-36202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12872]
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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;
Application for Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition; denial of application for
exemption.
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SUMMARY: FMCSA announces its decision to deny the exemption request
from the Pipe Line Contractors Association (PLCA). The PLCA sought an
exemption from certain hours-of-service (HOS) regulations for drivers
of a variety of commercial motor vehicles (CMVs) employed by its member
companies. The PLCA specifically sought 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
CMV drivers used exclusively in the construction and servicing of
pipelines be allowed the same HOS exceptions currently available for
oilfield operations. FMCSA analyzed the exemption application and
public comments, and determined that the application lacked evidence
that would ensure a level of safety equivalent to, or greater than, the
level that would be achieved absent such exemption.
FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; (202) 366-2722; MCPSD@dot.gov. If you have questions
on viewing or submitting material to the docket, contact Docket
Operations, (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation
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 the ``Open Docket Folder'' button and choose
the document to review. If you do not have access to the internet, you
may view the docket by visiting the Dockets Operations 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. To be sure someone is there to
help you, please call (202) 366-9317 or (202) 366-9826 before visiting
Dockets Operations.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain 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 (up to 5
years) and explain the terms and conditions of the exemption. The
exemption may be renewed (49 CFR 381.300(b)).
III. Request for Exemption
The PLCA is a trade association of unionized pipeline contractors
specializing in the construction and maintenance of oil and gas
transmission pipelines. According to the PLCA, its 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
[[Page 36202]]
interstate and intrastate pipelines to maintenance and repair work for
utilities. These projects vary in duration, from a few weeks to six
months or more on a major construction project. PLCA's 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 fleets 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 requested exemption from the following HOS provisions:
(1) The short-haul exception (49 CFR 395.1(e)(1)) was recently
amended by the final rule adopted on June 1, 2020, with an effective
date of September 29, 2020 (85 FR 33396). It retains the requirement
that drivers return to the work reporting location from which they were
dispatched in the morning. PLCA requested 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 requested 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 requested that drivers for its member companies be
prohibited from driving only after having been on duty for 80 hours in
8 days. PLCA also requested that drivers of CMVs used exclusively in
the construction and servicing of pipelines be allowed the same HOS
exceptions currently available for oilfield operations (49 CFR
395.1(d)).
IV. Method To Ensure an Equivalent or Greater Level of Safety
PLCA asserted that granting the exemptions sought would not
negatively impact safety. According to PLCA, drivers working for its
member companies are not engaged in continuous driving; they work on
the pipeline right-of-way, often operating different construction
vehicles. Because of the different jobs they normally perform and the
minimal driving they do, they are less susceptible to fatigue. The
applicant added that as its members' employees spend most their day on
the pipeline right-of-way and typically drive only at the start and end
of the workday, their total driving time would not be extended.
Pipeline drivers very rarely, if ever, utilize their entire 11 hours of
allowable daily driving time. PLCA develops and administers, in
conjunction with the industry's labor unions, robust training programs
for union employees, including CMV drivers, focused on safe operations.
PLCA member companies and their drivers have excellent safety records
and the applicant did not anticipate any 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. Public Comments
On July 22, 2020, FMCSA requested public comments on PLCA's
exemption application (85 FR 44356). The Agency received 25 comments.
The Commercial Vehicle Safety Alliance (CVSA) and the American Academy
of Sleep Medicine (AASM) opposed the application. CVSA commented that
``regardless of the amount of time spent driving, extended periods of
on-duty time would subject a driver to fatigue. This fatigue would be
greatest at the end of the workday, when PLCA says these drivers are
most likely to be operating the commercial motor vehicle.'' CVSA added
that ``the Federal Motor Carrier Safety Regulations are put into place
to provide a framework of the minimum requirements to operate
commercial motor vehicles safely. An exemption to those safety
regulations should not be granted simply because it will increase
productivity,'' The AASM also raised the issue of added driver fatigue
in its comments.
There were 23 comments supporting PLCA's exemption request, 21 of
which were identical form letters from its member companies. One
individual also commented, and PLCA itself wrote: ``Now more than ever,
pipeline contractors require flexibility to complete work quickly and
efficiently.''
VI. FMCSA Safety Analysis and Decision
FMCSA has evaluated PLCA's application and the public comments and
decided to deny the exemption. The HOS regulations limit when and how
long an individual may drive, to ensure that drivers stay awake and
alert while driving, and to help reduce the possibility of driver
fatigue.
Recent amendments to the HOS rules which took effect September 29,
2020, increase the flexibility available to short-haul operations.
However, the Agency did not amend the requirement that short-haul
drivers return to the normal work reporting location, despite docket
comments requesting such a change. PLCA did not provide enough data to
demonstrate that the HOS changes it requested would achieve an
equivalent level of safety. PLCA has not submitted any new evidence or
safety data to support exemptions from the current HOS provisions.
PLCA provided no analysis of the safety performance of drivers who
would operate using paper records of duty status under the exemption,
nor did it provide analysis of how the risk of fatigue and crashes when
operating without an ELD would be equivalent to the risk posed with a
device installed on the vehicle. The PLCA application did not consider
practical alternatives or provide an analysis of the safety impacts the
requested exemption may cause and failed to offer countermeasures to
ensure that the exemptions would likely achieve a level of safety
equivalent to, or greater than, the level that would be achieved by the
current regulation. The application is therefore denied.
Robin Hutcheson,
Deputy Administrator.
[FR Doc. 2022-12872 Filed 6-14-22; 8:45 am]
BILLING CODE 4910-EX-P