83 FR 1222 - Hours of Service of Drivers: Application for Exemption; STC, Inc.

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

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

Page Range		1222-1223
FR Document		2018-00248

FMCSA announces that the STC, Inc (STC) has requested an exemption from the requirement that motor carriers and their drivers of commercial motor vehicles (CMVs) use an electronic logging device (ELD) to record driver hours-of-service (HOS). STC is a motor carrier that uses up to 75 CMVs to transport propane fuel and anhydrous ammonia. It states that because STC's CMV operations are seasonal and dependent on the weather, the ELD requirement creates an undue financial burden on its business. STC states that its operations under the exemption would achieve a level of safety equivalent to, or greater than, the level that would be achieved absent the proposed exemption. FMCSA requests public comment on STC'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 1222-1223]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00248]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 395

[Docket No. FMCSA-2017-0373]


Hours of Service of Drivers: Application for Exemption; STC, Inc.

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

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

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SUMMARY: FMCSA announces that the STC, Inc (STC) has requested an 
exemption from the requirement that motor carriers and their drivers of 
commercial motor vehicles (CMVs) use an electronic logging device (ELD) 
to record driver hours-of-service (HOS). STC is a motor carrier that 
uses up to 75 CMVs to transport propane fuel and anhydrous ammonia. It 
states that because STC's CMV operations are seasonal and dependent on 
the weather, the ELD requirement creates an undue financial burden on 
its business. STC states that its operations under the exemption would 
achieve a level of safety equivalent to, or greater than, the level 
that would be achieved absent the proposed exemption. FMCSA requests 
public comment on STC'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-2017-0373 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

[[Page 1223]]

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. Tom 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. If you submit a comment, please include the docket 
number for this notice (FMCSA-2017-0373), 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-2017-0373'' 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.

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

    The hours of service (HOS) rules (49 CFR part 395) prescribe the 
duty-time limits and rest requirements for interstate drivers of 
commercial motor vehicles (CMVs). The rules also require most drivers 
of CMVs in interstate commerce to use electronic logging devices 
(ELDs)--not handwritten logbooks--to document their HOS duty status (49 
CFR 395.8(a)(1)(i)).
    STC is a motor carrier that uses up to 75 CMVs to transport propane 
fuel and anhydrous ammonia. It has applied for exemption because 
purchasing ELDs after two years of reduced revenue places an undue 
financial burden on the company. It further states that installing ELDs 
in all its CMVs is burdensome because it does not operate year-round, 
and because its operations are dependent on the weather. It states that 
it cannot afford to outfit CMVs with ELDs if they are only going to sit 
idle.
    STC asserts that its drivers will continue to employ paper logs if 
the exemption is granted, and that this would achieve a level of safety 
equivalent to the level of safety that would be achieved if an ELD was 
used for recording the duty status of its drivers. A copy of STC'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. 2018-00248 Filed 1-9-18; 8:45 am]
BILLING CODE 4910-EX-P

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 09:34:10
Document Modified: 2018-10-26 09:34:10

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. Tom 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 1222

83 FR 1222 - Hours of Service of Drivers: Application for Exemption; STC, Inc.

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

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

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration