Federal Register / Vol. 82, No. 207 / Friday, October 27, 2017 / Notices 49923 

12. ARD Operating, LLC, Pad ID: Larry’s 

Creek F&G Pad F, ABR– 

20121106.R1, Mifflin Township, 

Lycoming County, Pa.; 

Consumptive Use of Up to 4.0000 

mgd; Approval Date: August 18, 

2017. 

13. Chesapeake Appalachia, LLC, Pad 

ID: Finan, ABR–201301014.R1, 

Wilmot Township, Bradford 

County, Pa.; Consumptive Use of 

Up to 7.5000 mgd; Approval Date: 

August 18, 2017. 

14. Chief Oil & Gas, LLC, Pad ID: 

Lathrop Farm Trust Drilling Pad, 

ABR–201302004.R1, Auburn 

Township, Susquehanna County, 

Pa.; Consumptive Use of Up to 

2.0000 mgd; Approval Date: August 

22, 2017. 

15. Cabot Oil & Gas Corporation, LLC, 

Pad ID: SalanskyT P1, ABR– 

201208022.R1, Gibson Township, 

Susquehanna County, Pa.; 

Consumptive Use of Up to 5.0000 

mgd; Approval Date: August 29, 

2017. 

16. Repsol Oil & Gas USA, LLC, Pad ID: 

ABELL (05 112) G, ABR– 

201209002.R1, Warren Township, 

Bradford County, Pa.; Consumptive 

Use of Up to 6.0000 mgd; Approval 

Date: August 29, 2017. 

17. Repsol Oil & Gas USA, LLC, Pad ID: 

STORCH (01 099) S, ABR– 

201209016.R1, Troy Township, 

Bradford County, Pa.; Consumptive 

Use of Up to 6.0000 mgd; Approval 

Date: August 29, 2017. 

18. SWN Production Company, LLC, 

Pad ID: Cooley (Pad 2), ABR– 

201209017.R1, Orwell Township, 

Bradford County, Pa.; Consumptive 

Use of Up to 4.9990 mgd; Approval 

Date: August 29, 2017. 

19. SWN Production Company, LLC, 

Pad ID: Gypsy Hill-Eastabrook (Pad 

5), ABR–201209018.R1, Orwell 

Township, Bradford County, Pa.; 

Consumptive Use of Up to 4.9990 

mgd; Approval Date: August 29, 

2017. 

20. SWN Production Company, LLC, 

Pad ID: Rabago Birk (Pad 10), ABR– 

201209019.R1, Herrick and 

Standing Stone Townships, 

Bradford County, Pa.; Consumptive 

Use of Up to 4.9990 mgd; Approval 

Date: August 29, 2017. 

21. Chief Oil & Gas, LLC, Pad ID: J. 

Brown Drilling Pad, ABR– 

201303001.R1, Troy Township, 

Bradford County, Pa.; Consumptive 

Use of Up to 2.0000 mgd; Approval 

Date: August 30, 2017. 

Authority: Pub. L. 91–575, 84 Stat. 1509 et 

seq., 18 CFR parts 806, 807, and 808. 

Dated: October 23, 2017. 

Stephanie L. Richardson, 

Secretary to the Commission. 

[FR Doc. 2017–23354 Filed 10–26–17; 8:45 am] 

BILLING CODE 7040–01–P 

SUSQUEHANNA RIVER BASIN 

COMMISSION 

Projects Rescinded for Consumptive 

Uses of Water 

AGENCY: Susquehanna River Basin 

Commission. 

ACTION: Notice. 

SUMMARY: This notice lists the approved 

by rule projects rescinded by the 

Susquehanna River Basin Commission 

during the period set forth in DATES. 

DATES: August 1–31, 2017. 

ADDRESSES: Susquehanna River Basin 

Commission, 4423 North Front Street, 

Harrisburg, PA 17110–1788. 

FOR FURTHER INFORMATION CONTACT: 

Jason E. Oyler, General Counsel, 

telephone: (717) 238–0423, ext. 1312; 

fax: (717) 238–2436; email: joyler@

srbc.net. Regular mail inquiries may be 

sent to the above address. 

SUPPLEMENTARY INFORMATION: This 

notice lists the projects, described 

below, being rescinded for the 

consumptive use of water pursuant to 

the Commission’s approval by rule 

process set forth in 18 CFR 806.22(e) 

and 806.22(f) for the time period 

specified above: 

Rescinded Approvals By Rule Issued: 

1. XTO Energy, Inc., Pad ID: Hazlak 

8504, ABR–20100211.R1, Shrewsbury 

Township, Lycoming County, Pa.; 

Rescind Date: August 29, 2017. 

2. Atlas Resources, LLC, Pad ID: 

Logue Pad B, ABR–201209003, Gamble 

Township, Lycoming County, Pa.; 

Rescind Date: August 31, 2017. 

Authority: Pub. L. 91–575, 84 Stat. 1509 et 

seq., 18 CFR parts 806, 807, and 808. 

Dated: October 23, 2017. 

Stephanie L. Richardson, 

Secretary to the Commission. 

[FR Doc. 2017–23355 Filed 10–26–17; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2017–0175] 

Hours of Service of Drivers: 

Application for Exemption; Pipe Line 

Contractors Association (PLCA) 

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 application of the 

Pipe Line Contractors Association 

(PLCA) from the requirement that a 

motor carrier install and require each of 

its drivers to use an electronic logging 

device (ELD) to record the driver’s 

hours-of-service (HOS) no later than 

December 18, 2017. PLCA had requested 

the exemption for all pipeline contractor 

vehicle drivers who typically use the 

short-haul exception to the logging 

requirement, which also exempts them 

from using ELDs. Sometimes, however, 

they may exceed the conditions of the 

short-haul exception more than 8 days 

in a 30-day period, which would subject 

them to the ELD rule. FMCSA has 

analyzed the exemption application and 

public comments, 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 PLCA’s 

application for exemption. 

DATES: FMCSA denied the application 

for exemption by letter dated October 

16, 2017, after notice and opportunity 

for public comment. 

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: 

Background 

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, 


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49924 Federal Register / Vol. 82, No. 207 / Friday, October 27, 2017 / Notices 

including any safety analyses that have 

been conducted. The Agency must also 

provide an opportunity for public 

comment on the request. 

FMCSA 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 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)). 

Request for Exemption 

The PLCA is an industry trade 

association that negotiates labor 

agreements, encourages safe practices in 

pipeline construction, and seeks the 

resolution of problems common to those 

in the pipeline construction industry. 

PLCA has been in existence since 1948 

and currently has 77 members who 

collectively employ approximately 

30,000 to 40,000 workers depending 

upon the level of pipeline work in any 

year. The drivers who would be covered 

under the exemption operate flatbed 

trucks that haul heavy equipment, 

dump trucks, skid trucks, water trucks, 

pilot cars and buses that transport 

workers from the assembly point to the 

pipeline right-of-way. These drivers 

possess CDLs and almost always operate 

within 100 miles of their assembly 

point, and meet the other requirements 

of the short haul exception in 49 CFR 

395.1(e)(1). However, the drivers may 

not return within the 12 hours required 

for use of the short-haul exception. 

According to PLCA, exempting 

pipeline contractors from the ELD 

requirement would have no impact on 

safety for several reasons. First, drivers 

would continue to maintain written 

RODS on any day that they exceed the 

requirements of the short-haul 

exemption. Second, pipeline contractor 

drivers typically spend very little time 

operating on public roads. Third, 

pipeline contractors are required to 

maintain time records for their drivers. 

Finally, pipeline contractors and drivers 

otherwise must comply with all the 

HOS regulations. PLCA stated that 

granting this exemption would result in 

a level of safety that is equal to or 

greater than the level of safety achieved 

by complying with the ELD rule. A copy 

of the PLCA application for exemption 

is available in the docket for this notice. 

Public Comments 

On July 10, 2017, FMCSA published 

notice of PLCA’s application for 

exemption and requested public 

comment (82 FR 31796). The Agency 

received 156 comments to the docket. 

The predominance of the commenters— 

over 96%—supported the granting of 

the PLCA request; most of these were 

‘‘form letter’’ comments. Primary groups 

filing in support included the Power 

and Communication Contractors 

Associations (PCCA), American Pipeline 

Contractors Association, U.S. Pipeline, 

Inc., and the American Road and 

Transport Builders Association 

(ARTBA). The two primary groups filing 

in opposition were the Advocates for 

Highway and Auto Safety (Advocates) 

and the Owner-Operator Independent 

Driver’s Association (OOIDA). 

The Advocates expressed concern that 

the success of the ELD mandate lies in 

its applicability to all CMVs operated by 

drivers subject to the HOS and RODS. 

Despite this, the FMCSA has made great 

efforts to accommodate various aspects 

of the industry while maintaining 

safety. In the present case, despite 

having an existing exemption in the 

regulation, PLCA claims that to even 

comply with the exemption is onerous. 

The Agency has established a limit on 

the extent of the exemption which must 

be enforced, lest the final rule is 

rendered meaningless. 

Advocates further added that PLCA 

had provided no proof that the 

requested exemption would ensure 

safety or address the Agency’s concerns 

regarding noncompliance with the HOS 

regulations when using paper RODS. 

All comments are available for review 

in the docket for this notice. 

FMCSA Decision 

When FMCSA published the rule 

mandating ELDs it relied upon research 

indicating that the rule improves CMV 

safety by improving compliance with 

the HOS rules. The rule also reduces the 

overall paperwork burden for both 

motor carriers and drivers. The primary 

reason for denying this exemption is 

that PLCA did not demonstrate how, 

without using ELDs, they would 

maintain a level of safety equivalent to, 

or greater than, the level achieved 

without the exemption. 

For these reasons, FMCSA denies the 

applicant’s request for exemption. 

Issued on: October 16, 2017. 

Daphne Y. Jefferson, 

Deputy Administrator. 

[FR Doc. 2017–23348 Filed 10–26–17; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2016–0394] 

Agency Information Collection 

Activities; Approval of a New 

Information Collection Request: 

Flexible Sleeper Berth Pilot Program 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice and request for 

comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, 

FMCSA announces its plan to submit 

the Information Collection Request (ICR) 

described below to the Office of 

Management and Budget (OMB) for 

review and approval. The purpose of 

this notice is to allow for 30 days of 

public comment. 

FMCSA proposes a pilot program to 

allow temporary regulatory relief from 

the Agency’s sleeper berth regulation for 

a limited number of commercial drivers 

who have a valid commercial driver’s 

license (CDL), and who regularly use a 

sleeper berth to accumulate their 

required 10 hours of non-duty work 

status. During the pilot program, 

participating drivers would have the 

option to split their sleeper berth time 

within parameters specified by FMCSA. 

Driver metrics would be collected for 

the duration of the study, and 

participants’ safety performance and 

fatigue levels would be analyzed. This 

pilot program seeks to produce 

statistically reliable evidence on the 

question as to whether split sleeper 

berth time affects driver safety 

performance and fatigue levels. 

DATES: Please send your comments by 

November 27, 2017. OMB must receive 

your comments by this date in order to 

act quickly on the ICR. 

ADDRESSES: All comments should 

reference Federal Docket Management 

System (FDMS) Docket Number 

FMCSA–2016–0394. Interested persons 

are invited to submit written comments 

on the proposed information collection 

to the Office of Information and 

Regulatory Affairs, Office of 

Management and Budget. Comments 

should be addressed to the attention of 

the Desk Officer, Department of 


asabaliauskas on DSKBBXCHB2PROD with NOTICES