Hours of Service of Drivers: Right-A-Way LLC.; Application for Exemption

James W. Deck
Federal Motor Carrier Safety Administration
28 September 2020

[Federal Register Volume 85, Number 188 (Monday, September 28, 2020)]
[Notices]
[Pages 60871-60872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21326]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0215]


Hours of Service of Drivers: Right-A-Way LLC.; Application for 
Exemption

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

ACTION: Notice of final disposition; denial of application.

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SUMMARY: FMCSA announces its decision to deny an application from 
Right-A-Way, LLC (Right-A-Way) requesting an exemption from the 
requirement that its short-haul drivers use electronic logging devices 
(ELDs) when they are required to prepare records of duty status (RODS) 
more than eight days in a 30 consecutive day period. FMCSA has analyzed 
the exemption application and has determined that the applicant would 
not achieve a level of safety that is equivalent to, or greater than, 
the level that would be achieved absent such exemption. FMCSA therefore 
denies Right-A-Way's application for exemption.

FOR FURTHER INFORMATION CONTACT: Ms. La Tonya Mimms, Chief, FMCSA 
Driver and Carrier Operations Division; Office of Carrier, Driver and 
Vehicle Safety Standards; (202) 366-9220 MCPSD@dot.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    Currently, 49 CFR 395.1(e) provides exceptions from the requirement 
to prepare records of duty status (RODS) for drivers operating in 
short-haul operations, provided certain conditions are satisfied. 
Section 395.8(a)(1)(iii)(A)(1) allows motor carriers to require drivers 
to record drivers' duty status manually rather than use an ELD, if the 
drivers are operating commercial motor vehicles ``in a manner requiring 
completion of a record of duty status not more than 8 days within any 
30-day period.'' Drivers operating in short-haul operations are not 
required to prepare RODS, except for the days when they do not satisfy 
all the criteria provided in 49 CFR 395.1(e). These drivers may prepare 
paper RODS for those occasions as long as RODS are not required more 
than 8 days in a 30-day period. For operations where the short-haul 
drivers fail to satisfy the applicable criteria more than eight days in 
a 30-day period, the carrier and its drivers would be required to use 
ELDs.

II. Request for Exemption

    Right-A-Way explained that it is a pipeline contract service 
company who sub-contracts to maintain the pipeline's right-of-way 
corridor above ground. Right-A-Way's operation covers refined products, 
crude oil and natural gas covering 2,500 miles of pipeline in the 
states of Texas, Oklahoma, Kansas, Missouri, Arkansas and Colorado, 
with anticipated expansion to Minnesota, Iowa, North Dakota, South 
Dakota, Nebraska and Wyoming. In addition, Right-A-Way maintains 1,100 
miles of ammonia pipline that services the agricultural demand center 
in the Midwest.
    Right-A-Way is requesting an exemption from the requirement to use 
ELDs when its drivers do not satisfy all the criteria for the short-
haul exception to the RODS requirement. The exemption would enable the 
company's short-haul drivers to use paper RODS rather than ELDs for 
more than 8 days in a 30-day period. The applicant requested the 
exemption be granted for 5 years. The exemption if granted, would cover 
approximately eight drivers and eight CMVs.
    The applicant believes that its operation is similar to the 
operations provided by drivers of utility service vehicles. Right-A-Way 
wrote that FMCSA determined there was no compelling safety argument to 
include drivers engaged in short-haul operations in the ELD 
requirements, and emphasized that Part 395 already provides some 
industry-specific exceptions for certain operations, including, 
oilfield operations, pipeline wielding trucks, and utility service 
vehicles. The applicant contends that these exceptions and exemptions 
reflect the unique operating conditions of these industries, and 
assessment by Congress or FMCSA that the exceptions do not raise a 
compelling hazard.
    To ensure an equivalent or greater level of safety absent the 
granted exemption, Right-A-Way offers daily safety training on all 
hazards on the job and driving conditions to its drivers and crews. A 
copy of the exemption application is included in the docket for this 
notice.\1\
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    \1\ You may view the notice and its supporting documentation 
online at https://www.regulations.gov/docket?D=FMCSA-2019-0215.
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III. Public Comments

    On April 28, 2020, FMCSA published notice of the application for 
exemption and asked for public comment (85 FR 23592). There were no 
comments submitted to the docket.

[[Page 60872]]

IV. FMCSA Decision

    When FMCSA published the rule mandating ELDs it relied upon 
research indicating that the rule improves CMV safety and reduces the 
overall paperwork burden for both motor carriers and drivers by 
increasing the use of ELDs within the motor carrier industry, which 
will in turn, improve compliance with the HOS rules. The rule includes 
an exception allowing motor carriers up to 8 days in a 30-day period to 
operate under conditions subject to the ELD requirement, without being 
required to do so. The 8-day exception covers short-haul operations 
that occasionally exceed the distance or time limits for the short-haul 
exception to the RODS requirements. Right-A-Way did not demonstrate how 
expanding the 8-day exception would maintain a level of safety 
equivalent to, or greater than, the level achieved without the 
exemption.
    Right-A-Way did not provide an alternative means of ensuring 
compliance with the HOS rules if drivers rely on paper RODS for more 
than eight times in a 30-day period. FMCSA does not accept mere 
maintenance of RODS more than eight days as an alternative to ELDs. 
There must be additional measures such as safety management oversight 
processes to achieve an equivalent level of safety and the applicant 
has not provided an acceptable alternative. Thus, Right-A-Way's request 
for an exemption is denied.

James W. Deck,
Deputy Administrator.
[FR Doc. 2020-21326 Filed 9-25-20; 8:45 am]
BILLING CODE 4910-EX-P