Federal Register / Vol. 87, No. 115 / Wednesday, June 15, 2022 / Notices 36201 

II. Legal Basis 

FMCSA has authority under 49 U.S.C. 

31136(e) and 31315(b) to grant 

exemptions from 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 

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 Agency must publish its decision 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 

specify the effective period and explain 

the terms and conditions of the 

exemption. The exemption may be 

renewed (49 CFR 381.300(b)). 

III. Applicant’s Request 

SBTC seeks an exemption from ‘‘49 

CFR 391.11(a) as it applies to 49 CFR 

391.11(b)(2)’’ on behalf of ‘‘all motor 

carriers in NAICS category 484230 

(Specialized Freight (except Used 

Goods) Trucking, Long-Distance) with 

revenues under $30 million, which are 

defined as ‘small businesses’ by the 

Small Business Administration.’’ 

A copy of SBTC’s application for 

exemption is available for review in the 

docket for this notice. 

IV. Request for Comments 

In accordance with 49 U.S.C. 

31315(b), FMCSA requests public 

comment from all interested persons on 

SBTC’s application for an exemption 

from the requirement in 49 CFR 

391.11(a) ‘‘as it relates to 49 CFR 

391.11(b)(2).’’ 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. 2022–12874 Filed 6–14–22; 8:45 am] 

BILLING CODE 4910–EX–P 

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. 

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-ofservice (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 


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36202 Federal Register / Vol. 87, No. 115 / Wednesday, June 15, 2022 / Notices 

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 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2022–0082] 

Entry-Level Driver Training: 

Application for Exemption; Western 

Area Career and Technology Center 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of application for 

exemption; request for comments. 

SUMMARY: FMCSA announces that 

Western Area Career and Technology 

Center (WACTC) has requested an 

exemption from the Theory and Behindthe-Wheel (BTW) instructor 

requirements contained in the entrylevel driver training (ELDT) regulations 

for one prospective instructor. WACTC 

seeks an exemption from the 

requirement that instructors have at 

least two years of driving experience of 


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