83 FR 26140 - Hours of Service of Drivers: Application for Exemption; Small Business in Transportation Coalition

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 108 (June 5, 2018)

Page Range		26140-26141
FR Document		2018-12037

FMCSA announces that the Small Business in Transportation Coalition (SBTC) has requested an exemption from the electronic logging device (ELD) requirements for all motor carriers with fewer than 50 employees, including, but not limited to, one-person private and for- hire owner-operators of commercial motor vehicles used in interstate commerce. SBTC believes that the exemption would not have any adverse impacts on operational safety as motor carriers and drivers would remain subject to the hours-of-service (HOS) regulations as well as the requirements to maintain paper RODS. FMCSA requests public comment on SBTC's application for exemption.

Federal Register, Volume 83 Issue 108 (Tuesday, June 5, 2018)

[Federal Register Volume 83, Number 108 (Tuesday, June 5, 2018)]
[Notices]
[Pages 26140-26141]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12037]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0180]


Hours of Service of Drivers: Application for Exemption; Small 
Business in Transportation Coalition

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 Small Business in Transportation 
Coalition (SBTC) has requested an exemption from the electronic logging 
device (ELD) requirements for all motor carriers with fewer than 50 
employees, including, but not limited to, one-person private and for-
hire owner-operators of commercial motor vehicles used in interstate 
commerce. SBTC believes that the exemption would not have any adverse 
impacts on operational safety as motor carriers and drivers would 
remain subject to the hours-of-service (HOS) regulations as well as the 
requirements to maintain paper RODS. FMCSA requests public comment on 
SBTC's application for exemption.

DATES: Comments must be received on or before July 5, 2018.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Number FMCSA-2018-0180 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. 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.

Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (FMCSA-2018-0180), 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.

[[Page 26141]]

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-2018-0180'' 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

    SBTC reports that it is a non-profit trade organization with more 
than 8,000 members. SBTC states that it ``represents, promotes, and 
protects the interest of small businesses in the transportation 
industry. Through the exemption application, SBTC seeks relief from the 
ELD requirements for small private, common and contract motor carriers 
with fewer than 50 employees. SBTC argues:

    ``[T]he ELD rule is not a ``safety regulation'' per se as the 
FMCSA has concluded. Rather it is a mechanism intended to enforce a 
safety regulation by regulating the manner in which a driver records 
and communicates his compliance. That is, it is merely a tool to 
determine compliance with an existing rule that regulates over-the-
road drivers' driving and on duty time, namely the actual safety 
regulation: the [hours-of-service] regulations codified at 49 CFR 
395.3 and 395.5. However, the ELD rule is not a safety regulation 
itself. Therefore, it is our position that this rule does not itself 
impact safety, and that the level of safety will not change based on 
whether or not our exemption application is approved. That would 
require a change to the [hours-of-service rules].''

    SBTC asserts that the exemption would not have any adverse impacts 
on operational safety, as motor carriers and drivers would remain 
subject to the HOS regulations in 49 CFR 395.3, as well as the 
requirements to maintain a paper RODS under 49 CFR 395.8. The exemption 
would allow motor carriers with fewer than 50 employees to maintain 
their current practices that have resulted in a proven safety record. 
The term of the requested exemption, if granted, would be for five 
years, subject to renewal upon application.
    A copy of SBTC's application for exemption is available for review 
in the docket for this notice.

    Issued on: May 30, 2018.
 Larry W. Minor,
 Associate Administrator for Policy.
[FR Doc. 2018-12037 Filed 6-4-18; 8:45 am]
 BILLING CODE 4910-EX-P

26140 Federal Register / Vol. 83, No. 108 / Tuesday, June 5, 2018 / Notices

assistance (OFA) 1 has been received, Pursuant to the provisions of 49 CFR • Mail: Docket Management Facility,
these exemptions will be effective on 1152.29(e)(2), BNSF shall file a notice of U.S. Department of Transportation, 1200
July 5, 2018,2 unless stayed pending consummation with the Board to signify New Jersey Avenue SE, West Building,
reconsideration. Petitions to stay that do that it has exercised the authority Ground Floor, Room W12–140,
not involve environmental issues,3 granted and fully abandoned the Line. If Washington, DC 20590–0001.
formal expressions of intent to file an consummation has not been effected by • Hand Delivery or Courier: West
OFA under 49 CFR 1152.27(c)(2),4 and BNSF’s filing of a notice of Building, Ground Floor, Room W12–
trail use/rail banking requests under 49 consummation by June 5, 2019, and 140, 1200 New Jersey Avenue SE,
CFR 1152.29 must be filed by June 15, there are no legal or regulatory barriers between 9 a.m. and 5 p.m., Monday
2018. Petitions to reopen or requests for to consummation, the authority to through Friday, except Federal holidays.
public use conditions under 49 CFR abandon will automatically expire. • Fax: 1–202–493–2251.
1152.28 must be filed by June 25, 2018, Board decisions and notices are • Each submission must include the
with the Surface Transportation Board, available on our website at Agency name and the docket number for
395 E Street SW, Washington, DC WWW.STB.GOV. this notice. Note that DOT posts all
20423–0001. Decided: May 31, 2018. comments received without change to
A copy of any petition filed with the www.regulations.gov, including any
By the Board, Scott M. Zimmerman, Acting
Board should be sent to Karl Morell, Director, Office of Proceedings. personal information included in a
Karl Morell & Associates, 440 1st Street comment. Please see the Privacy Act
Jeffrey Herzig,
NW, Suite 440, Washington, DC 20001 heading below.
Clearance Clerk.
and Crystal M. Zorbaugh, Baker & Miller Docket: For access to the docket to
PLLC, 2401 Pennsylvania Ave. NW, [FR Doc. 2018–12044 Filed 6–4–18; 8:45 am]
read background documents or
Suite 300, Washington, DC 20037. BILLING CODE 4915–01–P
comments, go to www.regulations.gov at
If the verified notice contains false or any time or visit Room W12–140 on the
misleading information, the exemptions ground level of the West Building, 1200
are void ab initio. DEPARTMENT OF TRANSPORTATION New Jersey Avenue SE, Washington,
Applicants have filed a combined
Federal Motor Carrier Safety DC, between 9 a.m. and 5 p.m., ET,
environmental and historic report that
Administration Monday through Friday, except Federal
addresses the effects, if any, of the
holidays. The on-line FDMS is available
abandonment on the environment and [Docket No. FMCSA–2018–0180] 24 hours each day, 365 days each year.
historic resources. OEA issued an
Privacy Act: In accordance with 5
environmental assessment (EA) on May Hours of Service of Drivers: U.S.C. 553(c), DOT solicits comments
25, 2018. Interested persons may obtain Application for Exemption; Small from the public to better inform its
a copy of the EA by writing to OEA Business in Transportation Coalition rulemaking process. DOT posts these
(Room 1100, Surface Transportation
AGENCY: Federal Motor Carrier Safety comments, without edit, including any
Board, Washington, DC 20423–0001) or
by calling OEA at (202) 245–0305. Administration (FMCSA), DOT. personal information the commenter
Assistance for the hearing impaired is ACTION: Notice of application for provides, to www.regulations.gov, as
available through the Federal exemption; request for comments. described in the system of records
Information Relay Service (FIRS) at notice (DOT/ALL–14 FDMS), which can
SUMMARY: FMCSA announces that the be reviewed at www.dot.gov/privacy.
1–800–877–8339. Comments on Small Business in Transportation
environmental and historic preservation FOR FURTHER INFORMATION CONTACT: For
Coalition (SBTC) has requested an information concerning this notice,
matters must be filed by June 11, 2018.
exemption from the electronic logging contact Mr. Tom Yager, Chief, FMCSA
Environmental, historic preservation,
public use, or trail use/rail banking device (ELD) requirements for all motor Driver and Carrier Operations Division;
conditions will be imposed, where carriers with fewer than 50 employees, Office of Carrier, Driver and Vehicle
appropriate, in a subsequent decision. including, but not limited to, one- Safety Standards; Telephone: 614–942–
person private and for-hire owner- 6477. Email: MCPSD@dot.gov. If you
1 The Board modified its OFA procedures operators of commercial motor vehicles have questions on viewing or submitting
effective July 29, 2017. Among other things, the used in interstate commerce. SBTC material to the docket, contact Docket
OFA process now requires potential offerors, in believes that the exemption would not Services, telephone (202) 366–9826.
their formal expression of intent, to make a have any adverse impacts on
preliminary financial responsibility showing based SUPPLEMENTARY INFORMATION:
on a calculation using information contained in the operational safety as motor carriers and
carrier’s filing and publicly available information. drivers would remain subject to the I. Public Participation and Request for
See Offers of Financial Assistance, EP 729 (STB hours-of-service (HOS) regulations as Comments
served June 29, 2017); 82 FR 30,997 (July 5, 2017). well as the requirements to maintain
2 Applicants initially filed their verified notice of FMCSA encourages you to participate
paper RODS. FMCSA requests public
exemption on April 30, 2018. BNSF filed a by submitting comments and related
supplemental certificate of service for the comment on SBTC’s application for
materials.
environmental and historic report on May 16, 2018. exemption.
Therefore, the official filing date is May 16, 2018. Submitting Comments
3 The Board will grant a stay if an informed DATES: Comments must be received on
decision on environmental issues (whether raised or before July 5, 2018. If you submit a comment, please
by a party or by the Board’s Office of Environmental ADDRESSES: You may submit comments include the docket number for this
Analysis (OEA) in its independent investigation) notice (FMCSA–2018–0180), indicate
identified by Federal Docket
amozie on DSK3GDR082PROD with NOTICES1

cannot be made before the exemptions’ effective
date. See Exemption of Out-of-Serv. Rail Lines, 5 Management System (FDMS) Number the specific section of this document to
I.C.C.2d 377 (1989). Any request for a stay should FMCSA–2018–0180 by any of the which the comment applies, and
be filed as soon as possible so that the Board may following methods: provide a reason for suggestions or
take appropriate action before the exemptions’ • Federal eRulemaking Portal: recommendations. You may submit
effective date.
4 Each OFA must be accompanied by the filing www.regulations.gov. See the Public your comments and material online or
fee, which is currently set at $1,800. See 49 CFR Participation and Request for Comments by fax, mail, or hand delivery, but
1002.2(f)(25). section below for further information. please use only one of these means.

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Document Created: 2018-11-02 11:47:26
Document Modified: 2018-11-02 11:47:26

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		Notices
Action		Notice of application for exemption; request for comments.
Dates		Comments must be received on or before July 5, 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 26140

83 FR 26140 - Hours of Service of Drivers: Application for Exemption; Small Business in Transportation Coalition

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 108 (June 5, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration