Parts and Accessories Necessary for Safe Operation; Brakes; Application for Exemption From Innovative Electronics, 7623-7625 [2011-2985]
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Federal Register / Vol. 76, No. 28 / Thursday, February 10, 2011 / Notices
ACTION:
Notice.
This is a notice of an
Administrative declaration of a disaster
for the State of California dated 02/02/
2011.
Incident: Severe Winter Storms,
Flooding, and Debris and Mud Flows.
Incident Period: 12/17/2010 through
01/04/2011.
Effective Date: 02/02/2011.
Physical Loan Application Deadline
Date: 04/04/2011.
Economic Injury (EIDL) Loan
Application Deadline Date: 11/02/2011.
ADDRESSES: Submit completed loan
applications to: U.S. Small Business
Administration, Processing and
Disbursement Center, 14925 Kingsport
Road, Fort Worth, TX 76155.
FOR FURTHER INFORMATION CONTACT: A.
Escobar, Office of Disaster Assistance,
U.S. Small Business Administration,
409 3rd Street, SW., Suite 6050,
Washington, DC 20416.
SUPPLEMENTARY INFORMATION: Notice is
hereby given that as a result of the
Administrator’s disaster declaration,
applications for disaster loans may be
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the disaster:
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Contiguous Counties:
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Diego, Santa Barbara.
Arizona: La Paz, Mohave.
Nevada: Clark.
The Interest Rates are:
SUMMARY:
jdjones on DSK8KYBLC1PROD with NOTICES
Percent
For Physical Damage:
Homeowners With Credit Available Elsewhere ........................
Homeowners
Without
Credit
Available Elsewhere ................
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Businesses Without Credit Available Elsewhere ........................
Non-Profit Organizations With
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Non-Profit Organizations Without
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For Economic Injury:
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Cooperatives Without Credit
Available Elsewhere ................
Non-Profit Organizations Without
Credit Available Elsewhere .....
16:49 Feb 09, 2011
Catalog of Federal Domestic Assistance
Numbers 59002 and 59008)
Dated: February 2, 2011.
Karen G. Mills,
Administrator.
[FR Doc. 2011–2979 Filed 2–9–11; 8:45 am]
BILLING CODE 8025–01–P
DEPARTMENT OF STATE
[Public Notice: 7332]
Department of State Performance
Review Board Members
In accordance with section 4314(c)(4)
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of State has appointed the following
individuals to the Department of State
Performance Review Board for NonCareer Senior Executive Service
members:
Jeanne-Marie Smith, Chairperson,
Senior Advisor, Deputy Secretary for
Management and Resources,
Department of State;
Kris M. Balderston, Special
Representative, Global Partnership
Initiative, Department of State; and
Cheryl Ann Benton, Deputy Assistant
Secretary, Bureau of Public Affairs.
Dated: February 2, 2011.
Nancy J. Powell,
Director General of the Foreign Service and
Director of Human Resources, Department
of State.
[FR Doc. 2011–3006 Filed 2–9–11; 8:45 am]
BILLING CODE 4710–15–P
6.000
4.000
3.250
3.000
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Federal Highway
Administration (FHWA) and Federal
Transit Administration (FTA),
Department of Transportation.
ACTION: Notice to rescind a notice of
intent to prepare an environmental
impact statement.
AGENCY:
The Federal Transit
Administration and Federal Highway
Administration, in cooperation with the
Washington State Department of
Transportation, Ferries Division (WSF),
are rescinding the Notice of Intent (NOI)
to prepare an Environmental Impact
Statement (EIS) that had been proposed
SUMMARY:
4.000
3.000
Jkt 223001
to improve the ferry facilities at Seattle
Ferry Terminal (Colman Dock) in
Seattle, Washington. That NOI was
published in the Federal Register on
March 17, 2006, at 71 FR 13892.
FOR FURTHER INFORMATION CONTACT: Pete
Jilek, Urban Area Engineer, Federal
Highway Administration, Washington
Division, at (360) 753–9550; Daniel
Drais, Environmental Protection
Specialist, Federal Transit
Administration, Region 10, at (206) 220–
4465.
SUPPLEMENTARY INFORMATION: After a
lengthy cessation of work on the project
described in the NOI found at 71 FR
13892, WSF reconsidered the project’s
purpose and need and the available
resources. WSF has concluded the
project it intended to pursue in 2006
will not be carried out in the foreseeable
future. As such, the NOI is being
rescinded.
Issued On: February 3, 2011.
Peter A. Jilek,
Urban Area Engineer.
[FR Doc. 2011–2830 Filed 2–9–11; 8:45 am]
BILLING CODE 4910–22–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2010–0022]
Parts and Accessories Necessary for
Safe Operation; Brakes; Application
for Exemption From Innovative
Electronics
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of application for
exemption; request for comments.
AGENCY:
Notice To Rescind a Notice of Intent To
4.500 Prepare an Environmental Impact
Statement on Seattle Ferry Terminal
2.250 (Colman Dock) in Seattle, WA
The number assigned to this disaster
for physical damage is 12459 B and for
economic injury is 12460 0.
VerDate Mar<15>2010
The States which received an EIDL
Declaration # are California, Arizona,
Nevada.
7623
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Sfmt 4703
FMCSA requests public
comment on an application for
exemption from Innovative Electronics
regarding the use of trailer-mounted
electric brake controllers, which
monitor and actuate trailer brakes based
on inertial forces developed in response
to the braking action of the towing
vehicle. While trailer-mounted electric
brake controllers function like an
electric surge brake, the Federal Motor
Carrier Safety Regulations (FMCSRs)
define a surge brake as a ‘‘self-contained,
permanently closed hydraulic brake
system’’ [Emphasis added.] As such, the
use of trailer-mounted electric brake
controllers on commercial motor
vehicles is currently prohibited.
Innovative Electronics is requesting a
temporary exemption in advance of
petitioning FMCSA for rulemaking to
SUMMARY:
E:\FR\FM\10FEN1.SGM
10FEN1
jdjones on DSK8KYBLC1PROD with NOTICES
7624
Federal Register / Vol. 76, No. 28 / Thursday, February 10, 2011 / Notices
modify the current definition of a surge
brake.
DATES: Comments must be received on
or before March 14, 2011.
ADDRESSES: You may submit comments
identified by DOT DMS Docket Number
FMCSA–2010–0022 by any of the
following methods:
• Web site: https://
www.regulations.gov. Follow the
instructions for submitting comments
on the Federal electronic docket site.
• Fax: 1–202–493–2251.
• Mail: Docket Management Facility,
U.S. Department of Transportation,
Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590–
0001.
• Hand Delivery: Ground Floor, Room
W12–140, DOT Building, 1200 New
Jersey Avenue, SE., Washington, DC,
between 9 a.m. and 5 p.m. e.t., Monday
through Friday, except Federal holidays.
Instructions: All submissions must
include the Agency name and docket
number for this notice. For detailed
instructions on submitting comments
and additional information on the
exemption process, see the ‘‘Public
Participation’’ heading below. Note that
all comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided. Please
see the ‘‘Privacy Act’’ heading for further
information.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov or to Room W12–
140, DOT Building, New Jersey Avenue,
SE., Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
Privacy Act: Anyone is able to search
the electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19476) or you may visit https://
www.regulations.gov.
Public participation: The https://
www.regulations.gov Web site is
generally available 24 hours each day,
365 days each year. You can get
electronic submission and retrieval help
and guidelines under the ‘‘help’’ section
of the https://www.regulations.gov Web
site and also at the DOT’s https://
docketsinfo.dot.gov Web site. If you
want us to notify you that we received
your comments, please include a self
addressed, stamped envelope or
VerDate Mar<15>2010
15:10 Feb 09, 2011
Jkt 223001
postcard or print the acknowledgement
page that appears after submitting
comments online.
FOR FURTHER INFORMATION CONTACT: Mr.
Luke W. Loy, Vehicle and Roadside
Operations Division, Office of Bus and
Truck Standards and Operations, MC–
PSV, (202) 366–0676; Federal Motor
Carrier Safety Administration, 1200
New Jersey Avenue, SE., Washington,
DC 20590–0001.
SUPPLEMENTARY INFORMATION:
Background
Section 4007 of the Transportation
Equity Act for the 21st Century (TEA–
21) [Pub. L. 105–178, June 9, 1998, 112
Stat. 107, 401] amended 49 U.S.C. 31315
and 31136(e) to provide authority to
grant exemptions from many of the
Federal Motor Carrier Safety
Regulations (FMCSRs). On August 20,
2004, FMCSA published a final rule
implementing section 4007 (69 FR
51589). Under this rule, FMCSA must
publish a notice of each exemption
request in the Federal Register (49 CFR
381.315(a)). The Agency must provide
the public with 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 the safety
analyses and the public comments 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)). If the Agency denies
the request, it must state the reason for
doing so. If the decision is to grant the
exemption, the notice must specify the
person or class of persons receiving the
exemption and the regulatory provision
or provisions from which an exemption
is granted. The notice must also specify
the effective period of the exemption
(up to 2 years) and explain the terms
and conditions of the exemption. The
exemption may be renewed (49 CFR
381.315(c) and 381.300(b)).
Background
On October 7, 2005, in response to a
petition for rulemaking submitted by the
Surge Brake Coalition (‘‘the Coalition’’),
FMCSA published a notice of proposed
rulemaking (NPRM) to allow the use of
surge-braked trailers in interstate
commerce (70 FR 58657). On March 6,
2007, FMCSA published a final rule
revising the FMCSRs to allow the use of
PO 00000
Frm 00094
Fmt 4703
Sfmt 4703
automatic hydraulic inertia brake
systems (surge brakes) on commercial
trailers when the ratios of gross vehicle
weight ratings (GVWR) for the towing
vehicle and trailer are within certain
limits (72 FR 9855).
A surge brake is defined in 49 CFR
393.5 as ‘‘A self-contained, permanently
closed hydraulic brake system for
trailers that relies on inertial forces,
developed in response to the braking
action of the towing vehicle, applied to
a hydraulic device mounted on or
connected to the tongue of the trailer, to
slow down or stop the towed vehicle.’’
The March 2007 final rule established
the requirements for surge brakes as
follows:
393.48(d) Surge brakes. (1) Surge brakes are
allowed on:
(d)(1)(i) Any trailer with a gross vehicle
weight rating (GVWR) of 12,000 pounds or
less, when its GVWR does not exceed 1.75
times the GVWR of the towing vehicle; and
(d)(1)(ii) Any trailer with a GVWR greater
than 12,000 pounds, but less than 20,001
pounds, when its GVWR does not exceed
1.25 times the GVWR of the towing vehicle.
(d)(2) The gross vehicle weight (GVW) of
a trailer equipped with surge brakes may be
used instead of its GVWR to calculate
compliance with the weight ratios specified
in paragraph (d)(1) of this section when the
trailer manufacturer’s GVWR label is missing.
(d)(3) The GVW of a trailer equipped with
surge brakes must be used to calculate
compliance with the weight ratios specified
in paragraph (d)(1) of this section when the
trailer’s GVW exceeds its GVWR.
(d)(4) The surge brakes must meet the
requirements of § 393.40.
393.49 Control valves for brakes.
(c) Surge brake exception. This
requirement is not applicable to trailers
equipped with surge brakes that satisfy the
conditions specified in 393.48(d).
Innovative Electronics’ Application for
Exemption
On March 30, 2010, Innovative
Electronics applied for an exemption
from 49 CFR 393.48(a) and 49 CFR
393.49(a) to allow commercial motor
vehicles to tow trailers equipped with
trailer-mounted electric brake
controllers. A copy of the application is
included in the docket referenced at the
beginning of this notice.
In its application, Innovative
Electronics states:
Electric brakes have been used on
commercial trailers for a long period of time;
however each tow vehicle must currently be
equipped with a brake controller in the
towing vehicle which applies the trailer
brakes when the driver applies the towing
vehicle’s brakes. Tow vehicle brake
controllers are usually aftermarket devices
which are manually adjustable to increase or
decrease the amount of electric brake force
applied to the trailer wheels to adjust for wet
or dry road conditions and loaded or
E:\FR\FM\10FEN1.SGM
10FEN1
Federal Register / Vol. 76, No. 28 / Thursday, February 10, 2011 / Notices
unloaded trailer condition. Electric brakes on
commercial trailers will not operate unless
the tow vehicle has a brake controller.
Technology developments in electronics
have allowed the development of a self
contained electric brake control device that is
mounted directly to the trailer enabling it to
monitor and actuate the brakes based on
inertial forces developed in response to the
braking action of the towing vehicle. The
device is essentially an electric surge brake
controller, with the electric power for the
brakes provided by the tow vehicle, but the
braking action of the trailer is controlled by
the electronic controller mounted on the
trailer. A trailer using this trailer mounted
electronic brake controller does not meet the
‘‘operative at all times’’ requirement of 49
CFR 393.48 and the brakes do not meet the
‘‘apply by a single application valve’’
requirement of 49 CFR 393.49. Innovative
Electronics and other electric surge brake
controller manufactures have identified
potential significant market penetration in
commercial trailers equipped with electric
brakes. Consequently, Innovative Electronics
is requesting this exemption for all
commercial motor vehicles as defined in
§ 390.5, for a period of 2 years.
jdjones on DSK8KYBLC1PROD with NOTICES
Innovative Electronics requests that
the standards for hydraulic surge brakes
in 393.48(d) and 393.49(c) be applied to
the temporary exemption, i.e.,
substituting ‘‘trailer mounted electric
brake controller’’ for ‘‘surge brake’’ as
follows:
(1) Trailer-mounted electric brake
controllers are allowed on:
(i) Any trailer with a gross vehicle weight
rating (GVWR) of 12,000 pounds or less,
when its GVWR does not exceed 1.75 times
the GVWR of the towing vehicle; and
(ii) Any trailer with a GVWR greater than
12,000 pounds, but less than 20,001 pounds,
when its GVWR does not exceed 1.25 times
the GVWR of the towing vehicle.
(2) The gross vehicle weight (GVW) of a
trailer equipped with a trailer-mounted
electric brake controller may be used instead
of its GVWR to calculate compliance with the
weight ratios specified in paragraph (d)(1) of
this section when the trailer manufacturer’s
GVWR label is missing.
(3) The GVW of a trailer equipped with a
trailer-mounted electric brake controller must
be used to calculate compliance with the
weight ratios specified in paragraph (d)(1) of
this section when the trailer’s GVW exceeds
its GVWR.
(4) The trailer equipped with a trailermounted electric brake controller must meet
the requirements of § 393.40.
Control valves for brakes.
(1) Trailer-mounted electric brake
controller exception. This requirement is not
applicable to trailers equipped with trailermounted electric brake controllers that
satisfy the conditions specified in 393.48(d).
Without this exemption, commercial
vehicle operators who tow trailers
equipped with electric brakes must
continue to purchase and install
aftermarket trailer brake controls in each
tow vehicle which may be used to tow
VerDate Mar<15>2010
15:10 Feb 09, 2011
Jkt 223001
a commercial trailer equipped with
electric brakes. Similarly, rental
companies will be prevented from
renting trailers equipped with electric
brakes to commercial customers whose
tow vehicles are not equipped with
electric brake controllers, although they
can rent such trailers to a customer for
non-commercial use.
Innovative Electronics has provided
limited test data showing that the
trailer-mounted electronic brake
controller appears to meet the braking
performance requirements of 49 CFR
393.52(d). These test data have been
included in the docket referenced at the
beginning of this notice. Innovative
Electronics’ trailer-mounted electric
brake controllers are currently available
for non-commercial use trailers. The use
of trailers equipped with electric brakes
is currently allowed, and the brake
performance of trailers equipped with
the trailer-mounted controller appears
to be at least as good as the performance
of a tow vehicle equipped with a trailer
brake controller. Trailer-mounted
electric brake controllers offer the
advantage of continuous electronic
sensing of the braking forces acting on
the trailer by the tow vehicle, thus
eliminating the over-application of the
trailer brakes in wet or icy conditions
and continuously adjusting the
application of the trailer brakes to
variations in trailer weight; this is not
possible when relying on the crude
manual adjustments available on most
in-cab tow vehicle brake controllers.
For the reasons stated above,
Innovative Electronics requests that
motor carriers be permitted to use
trailer-mounted electronic brake
controllers, which would eliminate the
requirement for each individual tow
vehicle to be equipped with an
electronic brake controller. Innovative
Electronics is making this request
because it believes the use of trailermounted electronic brake controllers
will maintain a level of safety that is
equivalent to the level of safety
achieved without the exemption.
FMCSA notes that, in comments
submitted to the 2005 NPRM, the
Coalition stated that surge brake
technology had evolved since its
petition was originally submitted, and
suggested that the definition of surge
brakes may someday require
modification. For example, the Coalition
noted that non-hydraulic surge brake
systems had been developed and were
entering the marketplace in Europe. The
Coalition proposed that FMCSA
consider deleting ‘‘permanently closed
hydraulic’’ and the adjective ‘hydraulic’
from the definition of surge brakes as
proposed in the NPRM to eliminate any
PO 00000
Frm 00095
Fmt 4703
Sfmt 4703
7625
future design restrictions or the need for
further rulemaking petitions.
FMCSA responded in the March 2007
final rule, stating that ‘‘No data are
available to the Agency regarding the
performance of other surge brake
technologies to support the Coalition’s
request to remove the word ‘hydraulic’
from the definition of surge brake. If the
Coalition wishes to make such data
available to FMCSA, a modification of
this definition may be evaluated.’’
Request for Comments
In accordance with 49 U.S.C. 31315
and 31136(e), FMCSA requests public
comment from all interested persons on
Innovative Electronics’ application for
an exemption from 49 CFR 393.48(a)
and 49 CFR 393.49(a). All comments
received before the close of business on
the comment closing date indicated at
the beginning of this notice will be
considered and will be available for
examination in the docket at the
location listed under the ADDRESSES
section of this notice. Comments
received after the comment closing date
will be filed in the public docket and
will be considered to the extent
practicable. In addition to late
comments, FMCSA will also continue to
file, in the public docket, relevant
information that becomes available after
the comment closing date. Interested
persons should continue to examine the
public docket for new material.
Issued on: February 4, 2011.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2011–2985 Filed 2–9–11; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[FMCSA Docket No. FMCSA–2010–0414]
Qualification of Drivers; Exemption
Applications; Diabetes Mellitus
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
FMCSA announces its
decision to exempt twenty-three
individuals from its rule prohibiting
persons with insulin-treated diabetes
mellitus (ITDM) from operating
commercial motor vehicles (CMVs) in
interstate commerce. The exemptions
will enable these individuals to operate
CMVs in interstate commerce.
DATES: The exemptions are effective
February 10, 2011. The exemptions
expire on February 10, 2013.
SUMMARY:
E:\FR\FM\10FEN1.SGM
10FEN1
]]>Agencies
[Federal Register Volume 76, Number 28 (Thursday, February 10, 2011)]
[Notices]
[Pages 7623-7625]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-2985]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2010-0022]
Parts and Accessories Necessary for Safe Operation; Brakes;
Application for Exemption From Innovative Electronics
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of application for exemption; request for comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA requests public comment on an application for exemption
from Innovative Electronics regarding the use of trailer-mounted
electric brake controllers, which monitor and actuate trailer brakes
based on inertial forces developed in response to the braking action of
the towing vehicle. While trailer-mounted electric brake controllers
function like an electric surge brake, the Federal Motor Carrier Safety
Regulations (FMCSRs) define a surge brake as a ``self-contained,
permanently closed hydraulic brake system'' [Emphasis added.] As such,
the use of trailer-mounted electric brake controllers on commercial
motor vehicles is currently prohibited. Innovative Electronics is
requesting a temporary exemption in advance of petitioning FMCSA for
rulemaking to
[[Page 7624]]
modify the current definition of a surge brake.
DATES: Comments must be received on or before March 14, 2011.
ADDRESSES: You may submit comments identified by DOT DMS Docket Number
FMCSA-2010-0022 by any of the following methods:
Web site: https://www.regulations.gov. Follow the
instructions for submitting comments on the Federal electronic docket
site.
Fax: 1-202-493-2251.
Mail: Docket Management Facility, U.S. Department of
Transportation, Room W12-140, 1200 New Jersey Avenue, SE., Washington,
DC 20590-0001.
Hand Delivery: Ground Floor, Room W12-140, DOT Building,
1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m.
e.t., Monday through Friday, except Federal holidays.
Instructions: All submissions must include the Agency name and
docket number for this notice. For detailed instructions on submitting
comments and additional information on the exemption process, see the
``Public Participation'' heading below. Note that all comments received
will be posted without change to https://www.regulations.gov, including
any personal information provided. Please see the ``Privacy Act''
heading for further information.
Docket: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov or to Room W12-140,
DOT Building, New Jersey Avenue, SE., Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays.
Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19476) or you may visit https://www.regulations.gov.
Public participation: The https://www.regulations.gov Web site is
generally available 24 hours each day, 365 days each year. You can get
electronic submission and retrieval help and guidelines under the
``help'' section of the https://www.regulations.gov Web site and also at
the DOT's https://docketsinfo.dot.gov Web site. If you want us to notify
you that we received your comments, please include a self addressed,
stamped envelope or postcard or print the acknowledgement page that
appears after submitting comments online.
FOR FURTHER INFORMATION CONTACT: Mr. Luke W. Loy, Vehicle and Roadside
Operations Division, Office of Bus and Truck Standards and Operations,
MC-PSV, (202) 366-0676; Federal Motor Carrier Safety Administration,
1200 New Jersey Avenue, SE., Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
Background
Section 4007 of the Transportation Equity Act for the 21st Century
(TEA- 21) [Pub. L. 105-178, June 9, 1998, 112 Stat. 107, 401] amended
49 U.S.C. 31315 and 31136(e) to provide authority to grant exemptions
from many of the Federal Motor Carrier Safety Regulations (FMCSRs). On
August 20, 2004, FMCSA published a final rule implementing section 4007
(69 FR 51589). Under this rule, FMCSA must publish a notice of each
exemption request in the Federal Register (49 CFR 381.315(a)). The
Agency must provide the public with 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 the safety analyses and the public comments 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)). If the Agency denies the request, it must state the reason
for doing so. If the decision is to grant the exemption, the notice
must specify the person or class of persons receiving the exemption and
the regulatory provision or provisions from which an exemption is
granted. The notice must also specify the effective period of the
exemption (up to 2 years) and explain the terms and conditions of the
exemption. The exemption may be renewed (49 CFR 381.315(c) and
381.300(b)).
Background
On October 7, 2005, in response to a petition for rulemaking
submitted by the Surge Brake Coalition (``the Coalition''), FMCSA
published a notice of proposed rulemaking (NPRM) to allow the use of
surge-braked trailers in interstate commerce (70 FR 58657). On March 6,
2007, FMCSA published a final rule revising the FMCSRs to allow the use
of automatic hydraulic inertia brake systems (surge brakes) on
commercial trailers when the ratios of gross vehicle weight ratings
(GVWR) for the towing vehicle and trailer are within certain limits (72
FR 9855).
A surge brake is defined in 49 CFR 393.5 as ``A self-contained,
permanently closed hydraulic brake system for trailers that relies on
inertial forces, developed in response to the braking action of the
towing vehicle, applied to a hydraulic device mounted on or connected
to the tongue of the trailer, to slow down or stop the towed vehicle.''
The March 2007 final rule established the requirements for surge
brakes as follows:
393.48(d) Surge brakes. (1) Surge brakes are allowed on:
(d)(1)(i) Any trailer with a gross vehicle weight rating (GVWR)
of 12,000 pounds or less, when its GVWR does not exceed 1.75 times
the GVWR of the towing vehicle; and
(d)(1)(ii) Any trailer with a GVWR greater than 12,000 pounds,
but less than 20,001 pounds, when its GVWR does not exceed 1.25
times the GVWR of the towing vehicle.
(d)(2) The gross vehicle weight (GVW) of a trailer equipped with
surge brakes may be used instead of its GVWR to calculate compliance
with the weight ratios specified in paragraph (d)(1) of this section
when the trailer manufacturer's GVWR label is missing.
(d)(3) The GVW of a trailer equipped with surge brakes must be
used to calculate compliance with the weight ratios specified in
paragraph (d)(1) of this section when the trailer's GVW exceeds its
GVWR.
(d)(4) The surge brakes must meet the requirements of Sec.
393.40.
393.49 Control valves for brakes.
(c) Surge brake exception. This requirement is not applicable to
trailers equipped with surge brakes that satisfy the conditions
specified in 393.48(d).
Innovative Electronics' Application for Exemption
On March 30, 2010, Innovative Electronics applied for an exemption
from 49 CFR 393.48(a) and 49 CFR 393.49(a) to allow commercial motor
vehicles to tow trailers equipped with trailer-mounted electric brake
controllers. A copy of the application is included in the docket
referenced at the beginning of this notice.
In its application, Innovative Electronics states:
Electric brakes have been used on commercial trailers for a long
period of time; however each tow vehicle must currently be equipped
with a brake controller in the towing vehicle which applies the
trailer brakes when the driver applies the towing vehicle's brakes.
Tow vehicle brake controllers are usually aftermarket devices which
are manually adjustable to increase or decrease the amount of
electric brake force applied to the trailer wheels to adjust for wet
or dry road conditions and loaded or
[[Page 7625]]
unloaded trailer condition. Electric brakes on commercial trailers
will not operate unless the tow vehicle has a brake controller.
Technology developments in electronics have allowed the
development of a self contained electric brake control device that
is mounted directly to the trailer enabling it to monitor and
actuate the brakes based on inertial forces developed in response to
the braking action of the towing vehicle. The device is essentially
an electric surge brake controller, with the electric power for the
brakes provided by the tow vehicle, but the braking action of the
trailer is controlled by the electronic controller mounted on the
trailer. A trailer using this trailer mounted electronic brake
controller does not meet the ``operative at all times'' requirement
of 49 CFR 393.48 and the brakes do not meet the ``apply by a single
application valve'' requirement of 49 CFR 393.49. Innovative
Electronics and other electric surge brake controller manufactures
have identified potential significant market penetration in
commercial trailers equipped with electric brakes. Consequently,
Innovative Electronics is requesting this exemption for all
commercial motor vehicles as defined in Sec. 390.5, for a period of
2 years.
Innovative Electronics requests that the standards for hydraulic
surge brakes in 393.48(d) and 393.49(c) be applied to the temporary
exemption, i.e., substituting ``trailer mounted electric brake
controller'' for ``surge brake'' as follows:
(1) Trailer-mounted electric brake controllers are allowed on:
(i) Any trailer with a gross vehicle weight rating (GVWR) of
12,000 pounds or less, when its GVWR does not exceed 1.75 times the
GVWR of the towing vehicle; and
(ii) Any trailer with a GVWR greater than 12,000 pounds, but
less than 20,001 pounds, when its GVWR does not exceed 1.25 times
the GVWR of the towing vehicle.
(2) The gross vehicle weight (GVW) of a trailer equipped with a
trailer-mounted electric brake controller may be used instead of its
GVWR to calculate compliance with the weight ratios specified in
paragraph (d)(1) of this section when the trailer manufacturer's
GVWR label is missing.
(3) The GVW of a trailer equipped with a trailer-mounted
electric brake controller must be used to calculate compliance with
the weight ratios specified in paragraph (d)(1) of this section when
the trailer's GVW exceeds its GVWR.
(4) The trailer equipped with a trailer-mounted electric brake
controller must meet the requirements of Sec. 393.40.
Control valves for brakes.
(1) Trailer-mounted electric brake controller exception. This
requirement is not applicable to trailers equipped with trailer-
mounted electric brake controllers that satisfy the conditions
specified in 393.48(d).
Without this exemption, commercial vehicle operators who tow
trailers equipped with electric brakes must continue to purchase and
install aftermarket trailer brake controls in each tow vehicle which
may be used to tow a commercial trailer equipped with electric brakes.
Similarly, rental companies will be prevented from renting trailers
equipped with electric brakes to commercial customers whose tow
vehicles are not equipped with electric brake controllers, although
they can rent such trailers to a customer for non-commercial use.
Innovative Electronics has provided limited test data showing that
the trailer-mounted electronic brake controller appears to meet the
braking performance requirements of 49 CFR 393.52(d). These test data
have been included in the docket referenced at the beginning of this
notice. Innovative Electronics' trailer-mounted electric brake
controllers are currently available for non-commercial use trailers.
The use of trailers equipped with electric brakes is currently allowed,
and the brake performance of trailers equipped with the trailer-mounted
controller appears to be at least as good as the performance of a tow
vehicle equipped with a trailer brake controller. Trailer-mounted
electric brake controllers offer the advantage of continuous electronic
sensing of the braking forces acting on the trailer by the tow vehicle,
thus eliminating the over-application of the trailer brakes in wet or
icy conditions and continuously adjusting the application of the
trailer brakes to variations in trailer weight; this is not possible
when relying on the crude manual adjustments available on most in-cab
tow vehicle brake controllers.
For the reasons stated above, Innovative Electronics requests that
motor carriers be permitted to use trailer-mounted electronic brake
controllers, which would eliminate the requirement for each individual
tow vehicle to be equipped with an electronic brake controller.
Innovative Electronics is making this request because it believes the
use of trailer-mounted electronic brake controllers will maintain a
level of safety that is equivalent to the level of safety achieved
without the exemption.
FMCSA notes that, in comments submitted to the 2005 NPRM, the
Coalition stated that surge brake technology had evolved since its
petition was originally submitted, and suggested that the definition of
surge brakes may someday require modification. For example, the
Coalition noted that non-hydraulic surge brake systems had been
developed and were entering the marketplace in Europe. The Coalition
proposed that FMCSA consider deleting ``permanently closed hydraulic''
and the adjective `hydraulic' from the definition of surge brakes as
proposed in the NPRM to eliminate any future design restrictions or the
need for further rulemaking petitions.
FMCSA responded in the March 2007 final rule, stating that ``No
data are available to the Agency regarding the performance of other
surge brake technologies to support the Coalition's request to remove
the word `hydraulic' from the definition of surge brake. If the
Coalition wishes to make such data available to FMCSA, a modification
of this definition may be evaluated.''
Request for Comments
In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests
public comment from all interested persons on Innovative Electronics'
application for an exemption from 49 CFR 393.48(a) and 49 CFR
393.49(a). All comments received before the close of business on the
comment closing date indicated at the beginning of this notice will be
considered and will be available for examination in the docket at the
location listed under the ADDRESSES section of this notice. Comments
received after the comment closing date will be filed in the public
docket and will be considered to the extent practicable. In addition to
late comments, FMCSA will also continue to file, in the public docket,
relevant information that becomes available after the comment closing
date. Interested persons should continue to examine the public docket
for new material.
Issued on: February 4, 2011.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2011-2985 Filed 2-9-11; 8:45 am]
BILLING CODE 4910-EX-P
