83 FR 1220 - Hours of Service of Drivers: Application for Exemption; Towing and Recovery Association of America, Inc. (TRAA)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 7 (January 10, 2018)

Page Range		1220-1222
FR Document		2018-00247

FMCSA announces that the Towing and Recovery Association of America, Inc. (TRAA) has requested an exemption 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) TRAA has requested a 5-year exemption for all operators of commercial motor vehicles (CMVs) owned or leased to providers of motor vehicle towing, recovery and roadside repair services while providing such services. TRAA states that towing industry operations represent a unique and vital segment of the overall transportation industry in America that warrants exemption from the ELD regulations, and the failure to grant this exemption will cause confusion and create an overly complex regulatory framework which will pose an undue burden on towers and their customers without any measurable benefit to public safety. TRAA believes that granting this exemption will have a positive impact on highway safety by assuring that towing operators can still respond to service requests in the most expeditious and effective manner possible. FMCSA requests public comment on TRAA's application for exemption.

Federal Register, Volume 83 Issue 7 (Wednesday, January 10, 2018)

[Federal Register Volume 83, Number 7 (Wednesday, January 10, 2018)]
[Proposed Rules]
[Pages 1220-1222]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00247]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 395

[Docket No. FMCSA-2017-0372]


Hours of Service of Drivers: Application for Exemption; Towing 
and Recovery Association of America, Inc. (TRAA)

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

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

-----------------------------------------------------------------------

SUMMARY: FMCSA announces that the Towing and Recovery Association of 
America, Inc. (TRAA) has requested an exemption 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

[[Page 1221]]

hours-of-service (HOS) TRAA has requested a 5-year exemption for all 
operators of commercial motor vehicles (CMVs) owned or leased to 
providers of motor vehicle towing, recovery and roadside repair 
services while providing such services. TRAA states that towing 
industry operations represent a unique and vital segment of the overall 
transportation industry in America that warrants exemption from the ELD 
regulations, and the failure to grant this exemption will cause 
confusion and create an overly complex regulatory framework which will 
pose an undue burden on towers and their customers without any 
measurable benefit to public safety. TRAA believes that granting this 
exemption will have a positive impact on highway safety by assuring 
that towing operators can still respond to service requests in the most 
expeditious and effective manner possible. FMCSA requests public 
comment on TRAA's application for exemption.

DATES: Comments must be received on or before February 9, 2018.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Number FMCSA-2017-0372 by any of the following 
methods:
     Federal eRulemaking Portal: www.regulations.gov. See the 
Public Participation and Request for Comments section below for further 
information.
     Mail: Docket Management Facility, 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: West Building, Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
     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 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. The on-line FDMS is available 24 hours each 
day, 365 days each year.
    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. Thomas Yager, Chief, FMCSA Driver and Carrier 
Operations Division; Office of Carrier, Driver and Vehicle Safety 
Standards; Telephone: 614-942-6477. Email: [email protected]. 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-2017-0372), 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 comments online, go to www.regulations.gov and put 
the docket number, ``FMCSA-2017-0372'' 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. FMCSA will consider all comments and material received 
during the comment period and may grant or not grant this application 
based on your comments.

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 (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 and explain 
the terms and conditions of the exemption. The exemption may be renewed 
(49 CFR 381.300(b)).

III. Request for Exemption

    TRAA is the national towing association representing more than 
35,000 towing companies in all 50 states. The entire industry is 
comprised of approximately 210,000 commercial motor vehicles (CMVs) and 
350,000 commercial drivers operated by the over 35,000 companies. 
According to TRAA, the vast majority of towing industry companies are 
small, family-owned operations serving rural America.
    Tow truck operators often work close to their terminals, usually 
operating within the scope of the short-haul exemption [49 CFR Section 
395.1(e)(1)] thereby documenting hours-of-service (HOS) compliance with 
time card records kept at their dispatch office. Occasionally, and 
often without prior knowledge, these tow operators will be called upon 
to provide services that will require them to complete a record of duty 
status (RODS).
    TRAA states that few towing companies will be able to utilize the 
exemption to the ELD mandate found in 49 CFR Section 395.8(iii)(a)(1) 
as it relates to completion of a RODS eight or fewer days in any 30-day 
period. Typically, only a few drivers at any one towing company are 
currently required

[[Page 1222]]

to complete a RODS and usually most of the drivers lack the required 
class of license to substitute for these select few drivers, meaning 
the workload that requires operation outside of the local exemption 
cannot be equalized or shared among the entire driver pool at any one 
company as could be done at a traditional motor carrier. Thus, one or 
two drivers will often be designated to conduct these longer, 
interstate trips that require RODS.
    TRAA asserts that the addition of the ELD rule creates confusing 
and burdensome scenarios by overlapping and conflicting regulations 
placed on towing industry operators. The nature of the towing industry 
has drivers switching between intrastate and interstate regulations 
multiple times throughout the day, sometimes as often as between each 
call. Additionally, drivers employed in the towing industry often 
switch between commercial and non-commercial motor vehicles throughout 
their shift. TRAA believes that to mandate an electronic means of 
documenting HOS for only a small part of each towers daily operations 
creates an undue burden.
    Moreover, an exemption from the ELD mandate helps promote the same 
safety goals inherent in the already existing exemption in 49 CFR 
Section 390.23(a)(3). This provision exempts towers who are responding 
to calls from law enforcement from the requirement to keep RODS. The 
same need to respond quickly to a highway emergency that requires the 
exemption in Section 390.23(a)(3) exists when a service call comes from 
a stranded motorist rather than law enforcement. The drivers of these 
vehicles sitting roadside are at the same risk as those addressed by 
law enforcement. The current ELD proposal will impact the ability of 
tow companies to respond to these owners' requests and still be 
compliant with the regulatory requirements.
    TRAA states that, as a practical matter, towers will be required to 
install and maintain ELDs in all of their equipment, even seldom used 
spare equipment. It is common practice in the towing industry to 
maintain spare equipment in a state of readiness, as do other first 
responder agencies to insure complete readiness for any incident. Due 
to the complex nature of this and the overlapping scenarios where an 
ELD may be required, most towers will install, pay service for and 
utilize costly ELDs even when not required to do so by the regulations 
to avoid harsh penalties such as out of service orders and expensive 
fines. TRAA firmly believes it is appropriate to exempt towers from the 
ELD regulation, and without an exemption from the ELD regulation 
towers' responsiveness to their customers and the motoring public would 
be severely reduced, and costs for towing services would increase 
commeasurably. This will place an unfair burden on the motoring public 
at large that has not been accounted for in the cost benefit analysis 
for this regulation.
    According to TRAA, towing industry operations represent a unique 
and vital segment of the overall transportation industry in America 
that warrants exemption from the ELD regulation. The failure to grant 
this exemption will cause confusion and create an overly complex 
regulatory framework which will pose an undue burden on towers and 
their customers without any measurable benefit to public safety.

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

    According to TRAA, granting this exemption will have no negative 
impact on public safety or compliance with the HOS regulations by the 
towing industry companies given that most operate under the short haul 
or local provisions found in 49 CFR 395.1(e)(1) for drivers of vehicles 
requiring a commercial driver's license (CDL), and 49 CFR 395.1(e)(2) 
for drivers of CMVs not requiring a CDL. Instead, the exception will 
apply only to the small percentage of tow drivers who operate outside 
these exceptions on longer, interstate trips. The towing industry will 
maintain a level of safety equal to, or greater than would be achieved 
while using ELDs by fully complying with the current HOS regulations 
and not having undue interruption to their current scheduling and 
staffing methods that have served the industry well in the past.
    A copy of TRAA's application for exemption is available for review 
in the docket for this notice.

    Issued on: December 29, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-00247 Filed 1-9-18; 8:45 am]
BILLING CODE 4910-EX-P

1220 Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Proposed Rules

for this exclusion, the collocation must the FCC, the National Conference on delivered to FCC Headquarters at 445
undergo historic preservation review as State Historic Preservation Officers, and 12th St. SW, Room TW–A325,
required by the rules of the Advisory the National Association of Tribal Washington, DC 20554. The filing hours
Council as revised or supplemented by Historic Preservation Officers, and are 8:00 a.m. to 7:00 p.m. All hand
the Wireless Facilities NPA and the thereafter providing them with written deliveries must be held together with
Collocation NPA. As provided in the notice of the withdrawal. rubber bands or fasteners. Any
Wireless Facilities NPA, such review is 2. In the event the FCC determines envelopes and boxes must be disposed
limited to effects from the collocation that this Program Comment is not of before entering the building.
and shall not include consideration of operating as intended, or is no longer • Commercial overnight mail (other
effects on historic properties from the necessary, the FCC, after consultation than U.S. Postal Service Express Mail
underlying tower. with the parties identified in section and Priority Mail) must be sent to 9050
VI.B.1 above, shall send written notice Junction Drive, Annapolis Junction,
V. Additional Provisions Relating to to the Advisory Council of its intent to
Tribal Nations Annapolis, MD 20701.
withdraw. • U.S. Postal Service first-class,
This Program Comment does not C. Periodic Meetings. Throughout the Express, and Priority mail must be
apply on Tribal lands unless the duration of this Program Comment, the addressed to 445 12th Street SW,
relevant Tribal Nation has provided the Advisory Council and the FCC shall Washington, DC 20554.
FCC with a written notice agreeing to its meet annually on or about the People with Disabilities. To request
application on Tribal lands. anniversary of the effective date of this materials in accessible formats for
A Tribal Nation may request direct Program Comment. The FCC and the people with disabilities (Braille, large
government-to-government consultation Advisory Council will discuss the print, electronic files, audio format),
with the FCC at any time with respect effectiveness of this Program Comment, send an email to fcc504@fcc.gov or call
to a Twilight Tower or any collocation including any issues related to improper the FCC’s Consumer and Governmental
thereon. The FCC will respond to any implementation, and will discuss any Affairs Bureau at (202) 418–0530
such request in a manner consistent potential amendments that would (voice), (202) 418–0432 (TTY).
with its responsibility toward Tribal improve its effectiveness. 14. This document does not contain
Nations. When indicated by the Complaints Regarding proposed information collection
circumstances, and if the request is in Implementation of This Program requirements subject to the Paperwork
writing and supported by substantial Comment. Members of the public may Reduction Act of 1995, Public Law 104–
evidence as described in paragraph refer any complaints regarding the 13. In addition, therefore, it does not
IV.7., the FCC shall treat a request for implementation of this Program contain any proposed information
consultation as a complaint against the Comment to the FCC. The FCC will collection burden for small business
proposed collocation and shall notify handle those complaints consistent with concerns with fewer than 25 employees,
the tower owner accordingly. section XI of the Wireless Facilities pursuant to the Small Business
A Tribal Nation may provide NPA. Paperwork Relief Act of 2002, Public
confidential supporting evidence or 13. Pursuant to sections 1.415 and Law 107–198, see 44 U.S.C. 3506(c)(4).
other relevant information relating to a 1.419 of the Commission’s rules, 47 CFR
historic property of religious or cultural 1.415, 1.419, interested parties may file Federal Communications Commission.
significance. The FCC shall protect all comments and reply comments on or Marlene H. Dortch,
confidential information consistent with before the dates indicated on the first Secretary, Office of the Secretary.
section IV.I of the Wireless Facilities page of this document. Comments may [FR Doc. 2018–00292 Filed 1–9–18; 8:45 am]
NPA. be filed using the Commission’s BILLING CODE 6712–01–P
Electronic Comment Filing System
VI. Administrative Provisions
(ECFS). Electronic Filing of Documents
A. Definitions. Unless otherwise in Rulemaking Proceedings, 63 FR DEPARTMENT OF TRANSPORTATION
defined in this Program Comment, the 24121 (1998).
terms used here shall have the meanings • Electronic Filers: Comments may be Federal Motor Carrier Safety
ascribed to them under 36 CFR part 800 filed electronically using the internet by Administration
as modified or supplemented by the accessing the ECFS: http://apps.fcc.gov/
Collocation NPA or Wireless Facilities ecfs/. 49 CFR Part 395
NPA. • Paper Filers: Parties who choose to
B. Duration. This Program Comment [Docket No. FMCSA–2017–0372]
file by paper must file an original and
shall remain in force unless terminated one copy of each filing. If more than one Hours of Service of Drivers:
or otherwise superseded by a docket or rulemaking number appears in Application for Exemption; Towing and
comprehensive Programmatic the caption of this proceeding, filers Recovery Association of America, Inc.
Agreement or the Advisory Council must submit two additional copies for (TRAA)
provides written notice of its intention each additional docket or rulemaking
to withdraw the Program Comment number. AGENCY: Federal Motor Carrier Safety
pursuant to section VI.B.1, below, or the Filings can be sent by hand or Administration (FMCSA), DOT.
FCC provides written notice of its messenger delivery, by commercial ACTION: Notice of application for
intention not to continue to utilize this overnight courier, or by first-class or
jstallworth on DSKBBY8HB2PROD with PROPOSALS

exemption; request for comments.
Program Comment pursuant to section overnight U.S. Postal Service mail. All
VI.B.2, below. filings must be addressed to the SUMMARY: FMCSA announces that the
1. If the Advisory Council determines Commission’s Secretary, Office of the Towing and Recovery Association of
that the consideration of historic Secretary, Federal Communications America, Inc. (TRAA) has requested an
properties is not being carried out in a Commission. exemption from the requirement that a
manner consistent with section 106, the • All hand-delivered or messenger- motor carrier install and require each of
Advisory Council may withdraw this delivered paper filings for the its drivers to use an electronic logging
Program Comment after consulting with Commission’s Secretary must be device (ELD) to record the driver’s

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1222 Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Proposed Rules

to complete a RODS and usually most towers from the ELD regulation, and DEPARTMENT OF TRANSPORTATION
of the drivers lack the required class of without an exemption from the ELD
license to substitute for these select few regulation towers’ responsiveness to Federal Motor Carrier Safety
drivers, meaning the workload that their customers and the motoring public Administration
requires operation outside of the local would be severely reduced, and costs
exemption cannot be equalized or for towing services would increase 49 CFR Part 395
shared among the entire driver pool at commeasurably. This will place an [Docket No. FMCSA–2017–0373]
any one company as could be done at unfair burden on the motoring public at
a traditional motor carrier. Thus, one or large that has not been accounted for in Hours of Service of Drivers:
two drivers will often be designated to Application for Exemption; STC, Inc.
the cost benefit analysis for this
conduct these longer, interstate trips
regulation. AGENCY: Federal Motor Carrier Safety
that require RODS.
TRAA asserts that the addition of the According to TRAA, towing industry Administration (FMCSA), DOT.
ELD rule creates confusing and operations represent a unique and vital ACTION: Notice of application for
burdensome scenarios by overlapping segment of the overall transportation exemption; request for comments.
and conflicting regulations placed on industry in America that warrants
towing industry operators. The nature of SUMMARY: FMCSA announces that the
exemption from the ELD regulation. The
the towing industry has drivers STC, Inc (STC) has requested an
failure to grant this exemption will
switching between intrastate and exemption from the requirement that
cause confusion and create an overly
interstate regulations multiple times motor carriers and their drivers of
complex regulatory framework which commercial motor vehicles (CMVs) use
throughout the day, sometimes as often will pose an undue burden on towers
as between each call. Additionally, an electronic logging device (ELD) to
and their customers without any record driver hours-of-service (HOS).
drivers employed in the towing industry measurable benefit to public safety.
often switch between commercial and STC is a motor carrier that uses up to
non-commercial motor vehicles IV. Method To Ensure an Equivalent or 75 CMVs to transport propane fuel and
throughout their shift. TRAA believes Greater Level of Safety anhydrous ammonia. It states that
that to mandate an electronic means of because STC’s CMV operations are
documenting HOS for only a small part According to TRAA, granting this seasonal and dependent on the weather,
of each towers daily operations creates exemption will have no negative impact the ELD requirement creates an undue
an undue burden. on public safety or compliance with the financial burden on its business. STC
Moreover, an exemption from the ELD HOS regulations by the towing industry states that its operations under the
mandate helps promote the same safety companies given that most operate exemption would achieve a level of
goals inherent in the already existing under the short haul or local provisions safety equivalent to, or greater than, the
exemption in 49 CFR Section found in 49 CFR 395.1(e)(1) for drivers level that would be achieved absent the
390.23(a)(3). This provision exempts of vehicles requiring a commercial proposed exemption. FMCSA requests
towers who are responding to calls from driver’s license (CDL), and 49 CFR public comment on STC’s application
law enforcement from the requirement 395.1(e)(2) for drivers of CMVs not for exemption.
to keep RODS. The same need to requiring a CDL. Instead, the exception DATES: Comments must be received on
respond quickly to a highway will apply only to the small percentage or before February 9, 2018.
emergency that requires the exemption ADDRESSES: You may submit comments
of tow drivers who operate outside these
in Section 390.23(a)(3) exists when a identified by Federal Docket
exceptions on longer, interstate trips.
service call comes from a stranded Management System (FDMS) Number
motorist rather than law enforcement. The towing industry will maintain a
level of safety equal to, or greater than FMCSA–2017–0373 by any of the
The drivers of these vehicles sitting following methods:
would be achieved while using ELDs by
roadside are at the same risk as those • Federal eRulemaking Portal:
addressed by law enforcement. The fully complying with the current HOS www.regulations.gov. See the Public
current ELD proposal will impact the regulations and not having undue Participation and Request for Comments
ability of tow companies to respond to interruption to their current scheduling section below for further information.
these owners’ requests and still be and staffing methods that have served • Mail: Docket Management Facility,
compliant with the regulatory the industry well in the past. U.S. Department of Transportation, 1200
requirements. A copy of TRAA’s application for New Jersey Avenue SE, West Building,
TRAA states that, as a practical exemption is available for review in the Ground Floor, Room W12–140,
matter, towers will be required to install docket for this notice. Washington, DC 20590–0001.
and maintain ELDs in all of their • Hand Delivery or Courier: West
equipment, even seldom used spare Issued on: December 29, 2017. Building, Ground Floor, Room W12–
equipment. It is common practice in the Larry W. Minor, 140, 1200 New Jersey Avenue SE,
towing industry to maintain spare Associate Administrator for Policy. between 9 a.m. and 5 p.m., Monday
equipment in a state of readiness, as do [FR Doc. 2018–00247 Filed 1–9–18; 8:45 am] through Friday, except Federal holidays.
other first responder agencies to insure
BILLING CODE 4910–EX–P
• Fax: 1–202–493–2251.
complete readiness for any incident. • Each submission must include the
Due to the complex nature of this and Agency name and the docket number for
jstallworth on DSKBBY8HB2PROD with PROPOSALS

the overlapping scenarios where an ELD this notice. Note that DOT posts all
may be required, most towers will comments received without change to
install, pay service for and utilize costly www.regulations.gov, including any
ELDs even when not required to do so personal information included in a
by the regulations to avoid harsh comment. Please see the Privacy Act
penalties such as out of service orders heading below.
and expensive fines. TRAA firmly Docket: For access to the docket to
believes it is appropriate to exempt read background documents or

VerDate Sep<11>2014 15:20 Jan 09, 2018 Jkt 244001 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 E:\FR\FM\10JAP1.SGM 10JAP1

Document Created: 2018-10-26 09:33:42
Document Modified: 2018-10-26 09:33:42

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of application for exemption; request for comments.
Dates		Comments must be received on or before February 9, 2018.
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: [email protected] If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826.
FR Citation		83 FR 1220

83 FR 1220 - Hours of Service of Drivers: Application for Exemption; Towing and Recovery Association of America, Inc. (TRAA)

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 7 (January 10, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration