[Federal Register Volume 83, Number 7 (Wednesday, January 10, 2018)]
[Proposed Rules]
[Pages 1222-1223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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:
    <bullet> Federal eRulemaking Portal: www.regulations.gov. See the 
Public Participation and Request for Comments section below for further 
information.
    <bullet> 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.
    <bullet> 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.
    <bullet> Fax: 1-202-493-2251.
    <bullet> 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: <a href="/cdn-cgi/l/email-protection#eaa7a9bab9aeaa8e859ec48d859c"><span class="__cf_email__" data-cfemail="ffb2bcafacbbbf9b908bd1989089">[email protected]</span></a>. 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


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