Hours of Service of Drivers: Pipe Line Contractors Association (PLCA); Application for Exemption

Larry W. Minor
Federal Motor Carrier Safety Administration
22 July 2020

[Federal Register Volume 85, Number 141 (Wednesday, July 22, 2020)]
[Notices]
[Pages 44356-44357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15815]


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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 
(PLCA); Application for Exemption

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

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SUMMARY: FMCSA announces that it has received an application from the 
Pipe Line Contractors Association (PLCA) for an exemption from certain 
hours-of-service (HOS) regulations for drivers of a variety of 
commercial motor vehicles (CMVs) employed by its member pipeline 
contractors. PLCA specifically seeks 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 
drivers of CMVs used exclusively in the construction and servicing of 
pipelines be allowed the same HOS exceptions currently available to 
oilfield operations. FMCSA requests public comment on PLCA's 
application for exemption.

DATES: August 21, 2020.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2020-0157 using any of the 
following methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow 
the online instructions for submitting comments.
     Mail: Send comments to Docket Operations, 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: Deliver comments to Docket 
Operations, West Building, Ground Floor, Room W12-140, 1200 New Jersey 
Avenue SE, 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 Docket 
Operations.
     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 Docket 
Operations, 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. To be sure someone is 
there to help you, please call (202) 366-9317 or (202) 366-9826 before 
visiting Docket Operations.
    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. Richard Clemente, FMCSA Driver and Carrier 
Operations Division; Office of Carrier, Driver and Vehicle Safety 
Standards; Telephone: 202-366-4225. 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-2020-0157), 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 comment online, go to www.regulations.gov and put 
the docket number, ``FMCSA-2020-0157'' 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.

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 ``Open Docket Folder'' button and choose the 
document listed to review. If you do not have access to the internet, 
you may view the docket online by visiting the Docket Management 
Facility 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.

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. FMCSA must publish a notice of each exemption request in 
the Federal Register (49 CFR

[[Page 44357]]

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 the safety analyses and the public comments, 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 reason for the grant or denial, and, if granted, 
the specific person or class of persons receiving the exemption, and 
the regulatory provision or provisions from which exemption is granted. 
The notice must also specify the effective period of the exemption (up 
to 5 years), and explain the terms and conditions of the exemption. The 
exemption may be renewed (49 CFR 381.300(b)).

III. PLCA Application for Exemption

    The PLCA is a trade association of unionized pipeline contractors 
specializing in the construction and maintenance of oil and gas 
transmission pipelines. PLCA 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 interstate and intrastate pipelines to maintenance and repair 
work for utilities, and these projects vary in duration, from a few 
weeks to six months or more on a major construction project. Their 
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 a fleet 
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 requests exemption from the following HOS provisions:
    (1) The short-haul exception [49 CFR 395.1(e)(1)] recently amended 
by the final rule adopted on June 1,2020, with an effective date of 
Sept. 29, 2020 (85 FR 33396) retains the requirement that drivers 
return to the work reporting location from which they were dispatched 
in the morning. PLCA requests 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 requests 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 requests that drivers for its member companies be 
prohibited from driving only after having been on duty for 80 hours in 
8 days. The PLCA also requested that drivers of CMVs used exclusively 
in the construction and servicing of pipelines be allowed the same HOS 
exceptions currently available to oilfield operations [49 CFR 
395.1(d)].

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

    PLCA asserts that granting the exemptions sought will not 
negatively impact safety. Drivers working for PLCA member companies 
involved in pipeline construction and maintenance are not engaged in 
continuous driving. Conversely, they work on the pipeline right-of-way 
often operating different construction vehicles. Because of the 
different jobs, they normally perform and minimal driving they do, they 
are less susceptible to fatigue. The applicant adds that as pipeline 
workers spend most their day working on the pipeline right-of-way and 
typically only drive on public roads at the start and end of the 
workday; drivers would not be on public roads any longer by virtue of 
the longer workday. Pipeline drivers very rarely, if ever, utilize 
their entire 11 hours allowable daily driving time. PLCA develops and 
administers, in conjunction with the labor unions robust training 
programs for union pipeline contractor employees, including CMV drivers 
focused on safe operations. PLCA member contractors and their drivers 
have excellent safety records and the applicant does not anticipate any 
additional 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. Request for Comments

    In accordance with 49 U.S.C. 31315(b)(6), FMCSA requests public 
comment from all interested persons on PLCA's application for an 
exemption. All comments received before the close of business on the 
comment closing date indicated at the beginning of this notice will be 
considered and will be available for examination in the docket at the 
location listed under the ``Addresses'' section of this notice. 
Comments received after the comment closing date will be filed in the 
public docket and will be considered to the extent practicable. In 
addition to late comments, FMCSA will also continue to file, in the 
public docket, relevant information that becomes available after the 
comment closing date. Interested persons should continue to examine the 
public docket for new material.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020-15815 Filed 7-21-20; 8:45 am]
BILLING CODE 4910-EX-P