[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; <a href="/cdn-cgi/l/email-protection#a4e9e7f4f7e0e4c0cbd08ac3cbd2"><span class="__cf_email__" data-cfemail="622f2132312622060d164c050d14">[email protected]</span></a>. 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


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