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

for this exclusion, the collocation must 

undergo historic preservation review as 

required by the rules of the Advisory 

Council as revised or supplemented by 

the Wireless Facilities NPA and the 

Collocation NPA. As provided in the 

Wireless Facilities NPA, such review is 

limited to effects from the collocation 

and shall not include consideration of 

effects on historic properties from the 

underlying tower. 

V. Additional Provisions Relating to 

Tribal Nations 

This Program Comment does not 

apply on Tribal lands unless the 

relevant Tribal Nation has provided the 

FCC with a written notice agreeing to its 

application on Tribal lands. 

A Tribal Nation may request direct 

government-to-government consultation 

with the FCC at any time with respect 

to a Twilight Tower or any collocation 

thereon. The FCC will respond to any 

such request in a manner consistent 

with its responsibility toward Tribal 

Nations. When indicated by the 

circumstances, and if the request is in 

writing and supported by substantial 

evidence as described in paragraph 

IV.7., the FCC shall treat a request for 

consultation as a complaint against the 

proposed collocation and shall notify 

the tower owner accordingly. 

A Tribal Nation may provide 

confidential supporting evidence or 

other relevant information relating to a 

historic property of religious or cultural 

significance. The FCC shall protect all 

confidential information consistent with 

section IV.I of the Wireless Facilities 

NPA. 

VI. Administrative Provisions 

A. Definitions. Unless otherwise 

defined in this Program Comment, the 

terms used here shall have the meanings 

ascribed to them under 36 CFR part 800 

as modified or supplemented by the 

Collocation NPA or Wireless Facilities 

NPA. 

B. Duration. This Program Comment 

shall remain in force unless terminated 

or otherwise superseded by a 

comprehensive Programmatic 

Agreement or the Advisory Council 

provides written notice of its intention 

to withdraw the Program Comment 

pursuant to section VI.B.1, below, or the 

FCC provides written notice of its 

intention not to continue to utilize this 

Program Comment pursuant to section 

VI.B.2, below. 

1. If the Advisory Council determines 

that the consideration of historic 

properties is not being carried out in a 

manner consistent with section 106, the 

Advisory Council may withdraw this 

Program Comment after consulting with 

the FCC, the National Conference on 

State Historic Preservation Officers, and 

the National Association of Tribal 

Historic Preservation Officers, and 

thereafter providing them with written 

notice of the withdrawal. 

2. In the event the FCC determines 

that this Program Comment is not 

operating as intended, or is no longer 

necessary, the FCC, after consultation 

with the parties identified in section 

VI.B.1 above, shall send written notice 

to the Advisory Council of its intent to 

withdraw. 

C. Periodic Meetings. Throughout the 

duration of this Program Comment, the 

Advisory Council and the FCC shall 

meet annually on or about the 

anniversary of the effective date of this 

Program Comment. The FCC and the 

Advisory Council will discuss the 

effectiveness of this Program Comment, 

including any issues related to improper 

implementation, and will discuss any 

potential amendments that would 

improve its effectiveness. 

Complaints Regarding 

Implementation of This Program 

Comment. Members of the public may 

refer any complaints regarding the 

implementation of this Program 

Comment to the FCC. The FCC will 

handle those complaints consistent with 

section XI of the Wireless Facilities 

NPA. 

13. Pursuant to sections 1.415 and 

1.419 of the Commission’s rules, 47 CFR 

1.415, 1.419, interested parties may file 

comments and reply comments on or 

before the dates indicated on the first 

page of this document. Comments may 

be filed using the Commission’s 

Electronic Comment Filing System 

(ECFS). Electronic Filing of Documents 

in Rulemaking Proceedings, 63 FR 

24121 (1998). 

• Electronic Filers: Comments may be 

filed electronically using the internet by 

accessing the ECFS: http://apps.fcc.gov/ 

ecfs/. 

• Paper Filers: Parties who choose to 

file by paper must file an original and 

one copy of each filing. If more than one 

docket or rulemaking number appears in 

the caption of this proceeding, filers 

must submit two additional copies for 

each additional docket or rulemaking 

number. 

Filings can be sent by hand or 

messenger delivery, by commercial 

overnight courier, or by first-class or 

overnight U.S. Postal Service mail. All 

filings must be addressed to the 

Commission’s Secretary, Office of the 

Secretary, Federal Communications 

Commission. 

• All hand-delivered or messengerdelivered paper filings for the 

Commission’s Secretary must be 

delivered to FCC Headquarters at 445 

12th St. SW, Room TW–A325, 

Washington, DC 20554. The filing hours 

are 8:00 a.m. to 7:00 p.m. All hand 

deliveries must be held together with 

rubber bands or fasteners. Any 

envelopes and boxes must be disposed 

of before entering the building. 

• Commercial overnight mail (other 

than U.S. Postal Service Express Mail 

and Priority Mail) must be sent to 9050 

Junction Drive, Annapolis Junction, 

Annapolis, MD 20701. 

• U.S. Postal Service first-class, 

Express, and Priority mail must be 

addressed to 445 12th Street SW, 

Washington, DC 20554. 

People with Disabilities. To request 

materials in accessible formats for 

people with disabilities (Braille, large 

print, electronic files, audio format), 

send an email to fcc504@fcc.gov or call 

the FCC’s Consumer and Governmental 

Affairs Bureau at (202) 418–0530 

(voice), (202) 418–0432 (TTY). 

14. This document does not contain 

proposed information collection 

requirements subject to the Paperwork 

Reduction Act of 1995, Public Law 104– 

13. In addition, therefore, it does not 

contain any proposed information 

collection burden for small business 

concerns with fewer than 25 employees, 

pursuant to the Small Business 

Paperwork Relief Act of 2002, Public 

Law 107–198, see 44 U.S.C. 3506(c)(4). 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary, Office of the Secretary. 

[FR Doc. 2018–00292 Filed 1–9–18; 8:45 am] 

BILLING CODE 6712–01–P 

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 


jstallworth on DSKBBY8HB2PROD with PROPOSALS
Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Proposed Rules 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: MCPSD@dot.gov. 

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 81⁄2 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 


jstallworth on DSKBBY8HB2PROD with PROPOSALS
1222 Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Proposed Rules 

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 

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. 

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 


jstallworth on DSKBBY8HB2PROD with PROPOSALS