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

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

[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: 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-2017-0340), 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