Federal Register / Vol. 82, No. 207 / Friday, October 27, 2017 / Proposed Rules 49767 

must comply with the requirements 

applicable to a $50 billion or over 

covered institution beginning on 

January 1 of the third calendar year after 

the national bank or Federal savings 

association becomes a $50 billion or 

over covered institution, unless that 

time is extended by the OCC in writing. 

A national bank or Federal savings 

association that becomes a $50 billion or 

over covered institution on or before 

September 30 of a calendar year must 

comply with the requirements 

applicable to a $50 billion or over 

covered institution beginning on 

January 1 of the second calendar year 

after the national bank or Federal 

savings association becomes a $50 

billion or over covered institution, 

unless that time is extended by the OCC 

in writing. 

* * * * * 

■ 5. Revise § 46.5 to read as follows: 

§ 46.5 Annual stress test. 

Each covered institution must 

conduct the annual stress test under this 

part subject to the following 

requirements: 

(a) Financial data. A covered 

institution must use financial data as of 

December 31 of the previous calendar 

year. 

(b) Scenarios provided by the OCC. In 

conducting the stress test under this 

part, each covered institution must use 

the scenarios provided by the OCC. The 

scenarios provided by the OCC will 

reflect a minimum of three sets of 

economic and financial conditions, 

including baseline, adverse, and 

severely adverse scenarios. The OCC 

will provide a description of the 

scenarios required to be used by each 

covered institution no later than 

February 15 of that calendar year. 

(c) Significant trading activities. The 

OCC may require a covered institution 

with significant trading activities, as 

determined by the OCC, to include 

trading and counterparty components in 

its adverse and severely adverse 

scenarios. The trading and counterparty 

position data to be used in this 

component will be as of a date between 

October 1 of the previous calendar year 

and March 1 of that calendar year in 

which the stress test is performed, and 

the OCC will communicate a 

description of the component to the 

covered institution no later than March 

1 of that calendar year. 

(d) Use of stress test results. The board 

of directors and senior management of 

each covered institution must consider 

the results of the stress tests conducted 

under this section in the normal course 

of business, including but not limited to 

the covered institution’s capital 

planning, assessment of capital 

adequacy, and risk management 

practices. 

■ 6. Section 46.7 is amended by revising 

paragraphs (a) and (b) to read as follows: 

§ 46.7 Reports to the Office of the 

Comptroller of the Currency and the Board 

of Governors of the Federal Reserve 

System. 

(a) $10 to $50 billion covered 

institution. A $10 to $50 billion covered 

institution must report to the OCC and 

to the Board of Governors of the Federal 

Reserve System, on or before July 31, 

the results of the stress test in the 

manner and form specified by the OCC. 

(b) $50 billion or over covered 

institution. A $50 billion or over 

covered institution must report to the 

OCC and to the Board of Governors of 

the Federal Reserve System, on or before 

April 5, the results of the stress test in 

the manner and form specified by the 

OCC. 

* * * * * 

■ 7. Section 46.8 is amended by revising 

paragraph (a) to read as follows: 

§ 46.8 Publication of disclosures. 

(a) Publication date. (1) $50 billion or 

over covered institution. A $50 billion 

or over covered institution must publish 

a summary of the results of its annual 

stress test in the period starting June 15 

and ending July 15 provided: 

(i) Unless the OCC determines 

otherwise, if the $50 billion or over 

covered institution is a consolidated 

subsidiary of a bank holding company 

or savings and loan holding company 

subject to supervisory stress tests 

conducted by the Board of Governors of 

the Federal Reserve System pursuant to 

12 CFR part 252, then within the June 

15 to July 15 period such covered 

institution may not publish the required 

summary of its annual stress test earlier 

than the date that the Board of 

Governors of the Federal Reserve 

System publishes the supervisory stress 

test results of the covered bank’s parent 

holding company. 

(ii) If the Board of Governors of the 

Federal Reserve System publishes the 

supervisory stress test results of the 

covered institution’s parent holding 

company prior to June 15, then such 

covered institution may publish its 

stress test results prior to June 15, but 

no later than July 15, through actual 

publication by the covered institution or 

through publication by the parent 

holding company pursuant to paragraph 

(b) of this section. 

(2) $10 to $50 billion covered 

institution. A $10 to $50 billion covered 

institution must publish a summary of 

the results of its annual stress test in the 

period starting October 15 and ending 

October 31. 

* * * * * 

Dated: October 19, 2017. 

Keith A. Noreika, 

Acting Comptroller of the Currency. 

[FR Doc. 2017–23353 Filed 10–26–17; 8:45 am] 

BILLING CODE 4810–33–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[Docket No. CPSC–2017–0043] 

16 CFR Part 1112 

CPSC Acceptance of Third Party 

Laboratories: Revision to the Notice of 

Requirements for Prohibitions of 

Children’s Toys and Child Care 

Articles Containing Specified 

Phthalates 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This notice of proposed 

rulemaking (NPR) would update the 

existing notice of requirements (NOR) 

for prohibitions of children’s toys and 

child care articles containing specified 

phthalates that provide the criteria and 

process for Commission acceptance of 

accreditation pursuant to the Consumer 

Product Safety Act (CPSA). The 

proposed NOR would revise the current 

NOR to be consistent with the final 

phthalates rule, which is published 

elsewhere in this same issue of the 

Federal Register and will be codified in 

the Code of Federal Regulations (CFR). 

DATES: Submit comments by January 10, 

2018. 

ADDRESSES: You may submit comments, 

identified by Docket No. CPSC–2017– 

0043, by any of the following methods: 

Electronic Submissions: Submit 

electronic comments to the Federal 

eRulemaking Portal at: http://

www.regulations.gov. Follow the 

instructions for submitting comments. 

The Commission does not accept 

comments submitted by electronic mail 

(email), except through 

www.regulations.gov. The Commission 

encourages you to submit electronic 

comments by using the Federal 

eRulemaking Portal, as described above. 

Written Submissions: Submit written 

submissions by mail/hand delivery/ 

courier to: Office of the Secretary, 

Consumer Product Safety Commission, 

Room 820, 4330 East West Highway, 

Bethesda, MD 20814; telephone (301) 

504–7923. 

Instructions: All submissions received 

must include the agency name and 


asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
49768 Federal Register / Vol. 82, No. 207 / Friday, October 27, 2017 / Proposed Rules 

docket number for this notice. All 

comments received may be posted 

without change, including any personal 

identifiers, contact information, or other 

personal information provided, to: 

http://www.regulations.gov. Do not 

submit confidential business 

information, trade secret information, or 

other sensitive or protected information 

that you do not want to be available to 

the public. If furnished at all, such 

information should be submitted in 

writing. 

Docket: For access to the docket to 

read background documents or 

comments received, go to: http://

www.regulations.gov, and insert the 

docket number CPSC–2017–0043, into 

the ‘‘Search’’ box, and follow the 

prompts. 

FOR FURTHER INFORMATION CONTACT: 

Scott R. Heh, Project Manager, 

Directorate for Laboratory Sciences, 

Consumer Product Safety Commission, 

5 Research Place, Rockville, MD 20850; 

telephone: 301–504–7646; email: sheh@

cpsc.gov. 

SUPPLEMENTARY INFORMATION: 

A. Background 

Section 108 of the Consumer Product 

Safety Improvement Act of 2008 

(CPSIA) established requirements 

concerning concentration limits for 

specified phthalates in children’s toys 

and child care articles. In this same 

issue of the Federal Register, the 

Commission is publishing a final rule 

that changes some of the statutory 

phthalate restrictions currently in place 

pursuant to section 108(b)(3) of the 

CPSIA. 15 U.S.C. 2063c(a). The 

Commission’s phthalates rule makes 

permanent the interim prohibition on 

children’s toys that can be placed in a 

child’s mouth and child care articles 

that contain concentrations of more than 

0.1 percent of diisononyl phthalate 

(DINP). The phthalates rule extends this 

prohibition to cover all children’s toys 

and child care articles containing 

concentrations of more than 0.1 percent 

of DINP. The phthalates rule also lifts 

the interim prohibitions on children’s 

toys that can be placed in a child’s 

mouth and child care articles that 

contain concentrations of more than 0.1 

percent of di-n-octyl phthalate (DNOP) 

or diisodecyl phthalate (DIDP). In 

addition, the phthalates rule prohibits 

children’s toys and child care articles 

that contain concentrations of more than 

0.1 percent of diisobutyl phthalate 

(DIBP), Di-n-pentyl phthalate (DPENP), 

di-n-hexyl phthalate (DHEXP), and 

dicyclohexyl phthalate (DCHP). The 

permanent prohibitions on children’s 

toys and child care articles that contain 

concentrations of more than 0.1 percent 

on the use of di-(2-ethylhexyl) phthalate 

(DEHP), dibutyl phthalate (DBP), and 

benzyl butyl phthalate (BBP) in 

children’s toys and child care articles in 

section 108 of the CPSIA are unchanged 

by the phthalate rule. 

Because the phthalates rule revises 

the list of statutorily prohibited 

phthalates in children’s toys and child 

care articles in section 108 of the CPSIA, 

this NPR proposes to amend the existing 

NOR for the prohibitions of children’s 

toys and child care articles containing 

specified phthalates to reflect those 

changes. 

B. Notice of Requirements 

Section 14(a) of the CPSA requires 

that products subject to a consumer 

product safety rule under the CPSA, or 

to a similar rule, ban, standard, or 

regulation under any other act enforced 

by the Commission, be certified as 

complying with all applicable CPSC 

requirements. 15 U.S.C. 2063(a). Such 

certification must be based on a test of 

each product, or on a reasonable testing 

program or, for children’s products, on 

tests of a sufficient number of samples 

by a third party conformity assessment 

body accredited by the Commission to 

test according to the applicable 

requirements. The Commission’s 

phthalates rule is considered a 

‘‘consumer product safety standard.’’ 15 

U.S.C. 2063c(f). Thus, products subject 

to the phthalates rule are subject to the 

testing and certification requirements of 

section 14 of the CPSA. 

Because children’s toys and child care 

articles are children’s products, samples 

of these products must be tested by a 

third party conformity assessment body 

whose accreditation has been accepted 

by the Commission. These products also 

must comply with all other applicable 

CPSC requirements, such as the lead 

content requirements of section 101 of 

the CPSIA, the requirements of the toy 

standard, 16 CFR part 1250, and the 

tracking label requirement in section 

14(a)(5) of the CPSA. 

In accordance with section 

14(a)(3)(B)(vi) of the CPSIA, the 

Commission has previously published 

two NORs for accreditation of third 

party conformity assessment bodies for 

testing children’s toys and child care 

articles under section 108 of the CPSIA 

(76 FR 49286 (Aug. 10, 2011), 78 FR 

15836 (March 12, 2013)). 

If the Commission finalizes the NOR 

as proposed, the following process 

would be used during the transition 

period from test method CPSC–CH– 

C1001–09.3 (2010) to a revised version 

of the method, currently titled, draft test 

method CPSC–CH–C1001–09.4 (2017). 

CPSC would accept testing to support 

children’s toys and child care article 

certifications to the new phthalates 

prohibitions if the laboratory is already 

CPSC-accepted to test to CPSC–CH– 

C1001–09.3 (2010). Laboratories that 

conduct testing to support product 

certifications to the new phthalates 

prohibitions must list in their test 

reports ‘‘16 CFR part 1307’’ and CPSC– 

CH–C1001–09.3 until laboratories have 

transitioned their accreditation scope 

and CPSC listing to CPSC–CH–C1001– 

09.4. 

The CPSC would open the laboratory 

application process for draft test method 

CPSC–CH–C1001–09.4 (2017) on the 

date the final NOR rule is published in 

the Federal Register. Laboratories that 

seek CPSC acceptance to the revised 

prohibitions for children’s toys and 

child care articles in 16 CFR part 1307 

would be required to update their 

accreditation scope. To be CPSCaccepted, a laboratory’s scope of 

accreditation must include the reference 

to draft CPSC–CH–C1001–09.4 (2017). 

Laboratories that are currently CPSCaccepted to CPSC–CH–C1001–09.3 

(2010) would be instructed to update 

their accreditation scope to include 

draft CPSC–CH–C1001–09.4 (2017) as 

soon as possible, and submit their 

application for CPSC acceptance. 

Laboratories that were not previously 

CPSC-accepted to CPSC–CH–C1001– 

09.3 (2010) would be instructed to work 

with their accreditation bodies to 

include ‘‘CPSC–CH–C1001–09.4 (2017)’’ 

in their scope documents. 

CPSC would accept testing results to 

the new phthalates prohibitions in 16 

CFR part 1307 from laboratories that are 

CPSC-accepted to CPSC–CH–C1001– 

09.3 (2010) for two years from the date 

of publication of the final rule NOR in 

the Federal Register. This should allow 

adequate time for laboratories to work 

with their accreditation bodies to make 

official updates to their accreditation 

scope document to include the revised 

CPSC method ‘‘CPSC–CH–C1001–09.4 

(2017)’’ and submit applications to the 

CPSC. Two years after the date the final 

rule NOR publishes in the Federal 

Register, the CPSC will no longer accept 

laboratory applications that reference 

CPSC–CH–C1001–09.3 (2010), and any 

application to CPSC must reference 

‘‘CPSC–CH–C1001–09.4 (2017).’’ 

C. Description of the Proposed Rule 

The proposed rule would amend 16 

CFR 1112(b)(31), (31)(i) and (c)(3)(i) to 

update the references to reflect the 

promulgation of 16 CFR part 1307 and 

draft CPSC test method CPSC–CH– 

C1001–09.4 (2017). The draft test 

method would provide detailed 


asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
Federal Register / Vol. 82, No. 207 / Friday, October 27, 2017 / Proposed Rules 49769 

information on testing that will be used 

by the CPSC testing laboratory for the 

analysis of phthalate content in 

children’s toys and child care articles. 

CPSC staff has determined that using an 

appropriate combination of the methods 

of extraction and analysis presented in 

the test method is sufficient to 

determine the concentration of the 

regulated phthalates in most children’s 

toys and child care articles. The general 

approach is to dissolve the sample 

completely in tetrahydrofuran, 

precipitate any PVC polymer with a 

second solvent, then analyze by Gas 

Chromatography-Mass Spectrometry 

(GC–MS). The draft test method 

provides definitions, a list of equipment 

and supplies needed for testing, 

procedures to measure phthalate 

concentration, instructions for sample 

preparation, and descriptions of the 

phthalate extraction method and 

instrument parameters. The draft test 

method is available at Tab A of the 

CPSC staff’s briefing package available 

on CPSC’s Web site at: https://

www.cpsc.gov/s3fs-public/

Notice%20of%

20Proposed%20Rulemaking%20for

%20NOR%20for%20Phthalates%20-%

20September%2013%202017.pdf?pH5_

n4seuAb0.USRYqPfsnmLuTKC8F_2. 

Draft CPSC test method CPSC–CH– 

C1001–09.4 (2017) has been updated to 

reflect the list of phthalates prohibited 

in children’s toys and child care articles 

in 16 CFR part 1307 ((di(2-ethylhexyl) 

phthalate (DEHP), dibutyl phthalate 

(DBP), butyl benzyl phthalate (BBP), din-octyl phthalate (DNOP) diisobutyl 

phthalate (DIBP), di-n-pentyl phthalate 

(DPENP), di-n-hexyl phthalate (DHEXP), 

or dicyclohexyl phthalate (DCHP)). The 

draft test method CPSC–CH–C1001–09.4 

(2017) is substantially the same as the 

current testing procedure. The 

Commission encourages comments on 

draft CPSC test method CPSC–CH– 

C1001–09.4 (2017). We note that the 

draft test method could change in the 

final rule. 

D. Effective Date 

The APA generally requires that a 

substantive rule must be published not 

less than 30 days before its effective 

date. 5 U.S.C. 553(d)(1). Because the 

proposed rule would allow testing to 

continue under the existing testing 

method by testing laboratories that meet 

certain criteria for a period of up to two 

years after the publication of a final 

rule, the Commission proposes a 30 day 

effective date for the final rule. 

E. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

requires an agency to prepare a 

regulatory flexibility analysis for any 

rule subject to notice and comment 

rulemaking requirements under the 

APA, or any other statute, unless the 

agency certifies that the rulemaking will 

not have a significant economic impact 

on a substantial number of small 

entities. 5 U.S.C. 603 and 605. Small 

entities include small businesses, small 

organizations, and small governmental 

jurisdictions. 

The impact of the proposed rule on 

small testing laboratories would be 

minimal. The only laboratories that 

would be impacted are those that offer 

to test children’s toys and child care 

articles for prohibited phthalates. These 

laboratories are already accredited by 

one or more accreditation bodies that 

are signatories to the International 

Laboratory Accreditation Cooperation— 

Mutual Recognition Arrangement 

(ILAC–MRA) and have had their 

accreditations accepted by the 

Commission. These laboratories would 

have to revise their procedures for 

testing for phthalate content to be 

consistent with the revised phthalate 

test method (CPSC–CH–C1001–09.4) 

which would replace the current 

phthalate test method (CPSC–CH– 

C1001–09.3) if the proposed NOR is 

finalized. Staff expects that the impact 

of revising testing procedures will be 

low for qualified laboratories because 

the same sample preparation, extraction 

methods, and equipment is used for 

both methods. Moreover, the additional 

phthalates included in draft CPSC–CH– 

C1001–09.4 can be isolated at unique 

elution times by gas chromatography 

and, therefore, the analysis should not 

be a burden for those qualified to 

perform such testing. 

Additionally, within two years of the 

publication of the final NOR rule, 

laboratories would need to update their 

scope accreditation documents to 

include the revised phthalate test 

method (CPSC–CH–C1001–09.4). Staff 

expects that the burden of this 

requirement will also be low because 

testing laboratories typically must 

undergo a reassessment every two years 

in order to maintain their accreditations. 

Updating the accreditation scope 

documents to include the revised 

phthalate test method is a minor change 

and should result in little or no 

additional cost to a testing laboratory if 

completed during the periodic 

reassessment, which the 2-year window 

would allow testing laboratories to do. 

After considering the economic 

impacts of this proposed rule on small 

entities, the Commission certifies that 

the proposed rule would not have a 

significant economic impact on a 

substantial number of small entities. 

F. Environmental Considerations 

The Commission’s regulations 

provide a categorical exclusion for the 

Commission’s rules from any 

requirement to prepare an 

environmental assessment or an 

environmental impact statement 

because they ‘‘have little or no potential 

for affecting the human environment.’’ 

16 CFR 1021.5(c)(2). This rule falls 

within the categorical exclusion, so no 

environmental assessment or 

environmental impact statement is 

required. 

List of Subjects in 16 CFR Part 1112 

Administrative practice and 

procedure, Audit, Consumer protection, 

Incorporation by reference, Reporting 

and recordkeeping requirements, Third 

party conformity assessment body. 

For the reasons discussed in the 

preamble, the Commission proposes to 

amend Title 16 CFR chapter II, as 

follows: 

PART 1112—REQUIREMENTS 

PERTAINING TO THIRD PARTY 

CONFORMITY ASSESSMENT BODIES 

■ 1. The authority citation for part 1112 

continues to read as follows: 

Authority: 15 U.S.C. 2063; Pub. L. 110– 

314, section 3, 122 Stat. 3016, 3017 (2008). 

■ 2. Amend § 1112.15 by: 

■ a. Revising the introductory text to 

paragraph (b)(31); 

■ b. Revising paragraph (b)(31)(i); and 

■ c. Revising paragraph (c)(3)(i). 

The revisions read as follows: 

§ 1112.15 When can a third party 

conformity assessment body apply for 

CPSC acceptance for a particular CPSC rule 

or test method? 

* * * * * 

(b) * * * 

(31) 16 CFR part 1307, Prohibition of 

Children’s Toys and Child Care Articles 

Containing Specified Phthalates. For its 

accreditation to be accepted by the 

Commission to test for phthalates in 

children’s toys and child care articles, a 

third party conformity assessment body 

must have one or more of the following 

test methods referenced in its statement 

of scope: 

(i) CPSC Test Method CPSC–CH– 

1001–09.4, ‘‘Standard Operating 

Procedure for Determination of 

Phthalates; 

* * * * * 

(c) * * * 

(3) * * * 


asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
49770 Federal Register / Vol. 82, No. 207 / Friday, October 27, 2017 / Proposed Rules 

(i) CPSC–CH–C1001–9.4, ‘‘Standard 

Operating Procedure for Determination 

of Phthalates’’, September 1, 2017. 

* * * * * 

Alberta E. Mills, 

Acting Secretary, U.S. Consumer Product 

Safety Commission. 

[FR Doc. 2017–23266 Filed 10–26–17; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Part 395 

[Docket No. FMCSA–2017–0296] 

Hours of Service of Drivers: 

Application for Exemption; Western 

Equipment Dealers Association 

(WEDA) 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Application for exemption; 

request for comments. 

SUMMARY: FMCSA announces that the 

Western Equipment Dealers Association 

(WEDA) has requested an exemption on 

behalf of several other organizations and 

their membership from the requirement 

that no later than December 18, 2017, a 

motor carrier require each of its drivers 

to use an electronic logging device 

(ELD) to record the driver’s hours-ofservice (HOS). WEDA states that 

equipment dealer operations in 

agriculture constitute unique 

circumstances that warrant the 

requested exemption, and not granting it 

will pose an undue burden on 

equipment dealers and their customers 

without any measurable safety benefit. 

In its application, WEDA seeks a fiveyear, renewable exemption from the 

ELD requirements which, the 

organization states, if granted will 

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 WEDA’s application for 

exemption. 

DATES: Comments must be received on 

or before November 27, 2017. 

ADDRESSES: You may submit comments 

identified by Federal Docket 

Management System (FDMS) Number 

FMCSA–2017–0296 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: 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–2017–0296), 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–2017–0296’’ 

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)). 


asabaliauskas on DSKBBXCHB2PROD with PROPOSALS