Parts and Accessories Necessary for Safe Operation; Dealers Choice Truckaway System, Inc. Exemption Application, 7675-7677 [2015-02811]
Download as PDF
<![CDATA[
Federal Register / Vol. 80, No. 28 / Wednesday, February 11, 2015 / Notices
Project in the State of California: The
project is located in San Diego County
along Interstate 5 (I–5) near La Jolla
Village Drive in San Diego to Harbor
Drive in Oceanside/Camp Pendleton,
extending approximately 27 miles
(postmile R28.4 to R55.4). The proposed
project includes improvements to
maintain or improve the existing and
[FR Doc. 2015–02785 Filed 2–10–15; 8:45 am]
future traffic operations on the I–5
BILLING CODE 4910–13–P
freeway. The preferred alternative
consists of two high-occupancy vehicle
DEPARTMENT OF TRANSPORTATION (HOV)/Managed Lanes in each
direction, separated by a painted buffer
Federal Highway Administration
from the existing general purpose lanes
in each direction. The design of the
Notice of Final Federal Agency Actions proposed bridge crossings of the lagoons
on Proposed Highway in California
have been modified to enhance lagoon
function, and a number of natural and
AGENCY: Federal Highway
human community enhancements were
Administration (FHWA), DOT.
developed for inclusion in the project.
ACTION: Notice of limitation on claims
In addition, the project includes:
for judicial review of actions by FHWA
Auxiliary lanes; soundwalls; braided
and other Federal agencies.
ramps; two Direct Access Ramps; visual
SUMMARY: This notice announces actions and community enhancements; ramp
taken by FHWA and other Federal
improvements; and appurtenant
agencies that are final within the
structures, including signage. The
meaning of 23 U.S.C. 139(l)(1). The
actions by the Federal agencies, and the
actions relate to a proposed highway
laws under which such actions were
project on Interstate 5 (I–5) from
taken, are described in the Final
postmile R28.4 to R55.4 in the County
Environmental Statement (FEIS) for the
of San Diego, State of California. Those
project, approved on October 23, 2013,
actions grant licenses, permits, and
in the FHWA Record of Decision (ROD)
approvals for the project.
issued on January 22, 2015, and in other
DATES: By this notice, the FHWA is
documents in the FHWA project
advising the public of final agency
records. The FEIS, ROD, and other
actions subject to 23 U.S.C. 139(l)(1). A
project records are available by
claim seeking judicial review of the
contacting Caltrans at the addresses
Federal agency actions on the highway
provided above. The Final FEIS and
project will be barred unless the claim
ROD can be viewed and downloaded
is filed on or before July 13, 2015. If the
from the project Web site at https://
Federal law that authorizes judicial
www.dot.ca.gov/dist11/envir.htm. This
review of a claim provides a time period notice applies to all Federal agency
of less than 150 days for filing such
decisions as of the issuance date of this
claim, then that shorter time period still notice and all laws under which such
applies.
actions were taken, including but not
limited to:
FOR FURTHER INFORMATION CONTACT: For
Caltrans: Mr. Bruce April, Deputy
1. General: National Environmental Policy
District Director, Division of
Act [42 U.S.C. 4321–4347]; Federal-Aid
Environmental Analysis, California
Highway Act [23 U.S.C. 109].
2. Air: Clean Air Act, as amended [42
Department of Transportation, 4050
U.S.C. 7401–7671(q)].
Taylor Street, MS 242, San Diego, CA
3. Land: Section 4(f) of the Department of
92110, Regular Office Hours: 8:00 a.m.
Transportation Act of 1966 [49 U.S.C. 303];
to 5:00 p.m., Telephone number (619)
Landscaping and Scenic Enhancement
688–0100, email Bruce.April@
(Wildflowers) [23 U.S.C. 319].
dot.ca.gov. For FHWA: Mr. Jacob
4. Wildlife: Endangered Species Act [16
Waclaw, Senior Transportation
U.S.C. 1531–1544]; Fish and Wildlife
Engineer, 888 S. Figueroa, Ste 750, Los
Coordination Act [16 U.S.C. 661–667(e)];
Angeles, CA 90017 Regular Office
Magnuson-Stevenson Fishery Conservation
Hours: 6:00 a.m. to 4:00 p.m., Telephone and Management Act of 1976, as amended
[16 U.S.C. 1801 et seq.]; Migratory Bird
number (213) 894–6697, email
Treaty Act, 16 U.S.C. 703–712.
Jacob.Waclaw@dot.gov.
5. Historic and Cultural Resources: Section
SUPPLEMENTARY INFORMATION: Notice is
106 of the National Historic Preservation Act
hereby given that FHWA and other
of 1966, as amended [16 U.S.C. 470f];
Federal agencies have taken final agency Archaeological Resources Protection Act of
actions subject to 23 U.S.C. 139(l)(1) by
1977 [16 U.S.C. 470aa–470mm];
issuing licenses, permits, and approvals Archaeological and Historic Preservation Act
for the Interstate 5 North Coast Corridor [16 U.S.C. 469–469c–2]; Native American
tkelley on DSK3SPTVN1PROD with NOTICES
Description of Relief Sought: The
petitioner is seeking relief to allow it to
operate multiple single and multiengine experimental aircraft over
densely populated areas during the
celebration of the 70th Anniversary of
the WWII Victory in Europe Day on May
8, 2015.
VerDate Sep<11>2014
17:07 Feb 10, 2015
Jkt 235001
PO 00000
Frm 00112
Fmt 4703
Sfmt 4703
7675
Grave Protection and Repatriation Act [25
U.S.C. 3001–3013].
6. Social and Economic: Civil Rights Act of
1964 [42 U.S.C. 2000(d)–2000(d)(1)];
American Indian Religious Freedom Act [42
U.S.C. 1996]; Farmland Protection Policy Act
[7 U.S.C. 4201–4209]; the Uniform Relocation
Assistance and Real Property Acquisition
Policies Act of 1970, as amended [42 U.S.C.
61].
7. Wetlands and Water Resources: Clean
Water Act, 33 U.S.C. 1251–1377 [Section 404,
Section 401, Section 319]; Land and Water
Conservation Fund Act [16 U.S.C. 460l–4–
460l–11]; Safe Drinking Water Act [42 U.S.C.
300f et seq.]; Rivers and Harbors Act of 1899
[33 U.S.C. 401–406]; TEA–21 Wetlands
Mitigation [23 U.S.C. 103(b)(6)(m),
133(b)(11)]; Flood Disaster Protection Act [42
U.S.C. 4001–4129].
8. Hazardous Materials: Comprehensive
Environmental Response, Compensation, and
Liability Act [42 U.S.C. 9601–9675];
Superfund Amendments and Reauthorization
Act of 1986 [PL 99–499]; Resource
Conservation and Recovery Act [42 U.S.C.
6901–6992(k)].
Executive Orders: E.O. 11990 Protection of
Wetlands; E.O. 11988 Floodplain
Management; E.O. 12898 Federal Actions to
Address Environmental Justice in Minority
Populations and Low Income Populations;
E.O. 11593 Protection and Enhancement of
Cultural Resources; E.O. 13007 Indian Sacred
Sites; E.O. 13287 Preserve America; E.O.
13175 Consultation and Coordination with
Indian Tribal Governments; E.O. 11514
Protection and Enhancement of
Environmental Quality; E.O. 13112 Invasive
Species.
(Catalog of Federal Domestic Assistance
Program Number 20.205, Highway Planning
and Construction. The regulations
implementing Executive Order 12372
regarding intergovernmental consultation on
Federal programs and activities apply to this
program.)
Authority: 23 U.S.C. 139(l)(1)
Dated: January 27, 2015.
Jermaine Hannon,
Director, Program Development, Federal
Highway Administration, Sacramento,
California.
[FR Doc. 2015–02668 Filed 2–10–15; 8:45 am]
BILLING CODE 4910–RY–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2014–0335]
Parts and Accessories Necessary for
Safe Operation; Dealers Choice
Truckaway System, Inc. Exemption
Application
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
E:\FR\FM\11FEN1.SGM
11FEN1
7676
Federal Register / Vol. 80, No. 28 / Wednesday, February 11, 2015 / Notices
The Federal Motor Carrier
Safety Administration (FMCSA)
announces its decision to grant Dealers
Choice Truckaway System, Inc.’s
(Truckmovers) exemption application to
allow the use of ultra-high-molecularweight polyethylene blocks to build up
the height of the front end of towed
vehicles in driveaway-towaway
operations. The Federal Motor Carrier
Safety Regulations (FMCSRs) permit the
use of ‘‘hardwood blocks of good
quality’’ for this purpose, but the use of
materials other than hardwood blocks is
not addressed. FMCSA believes the use
of ultra-high-molecular-weight
polyethylene plastic blocks will
maintain a level of safety that is
equivalent to the level of safety
achieved without the exemption. While
the Truckmovers exemption application
requested relief for an estimated 250
drivers and CMVs, the Agency has
decided that it is appropriate to extend
the scope of the exemption to allow any
motor carrier to use ultra-highmolecular-weight polyethylene support
blocks in lieu of hardwood blocks.
DATES: This exemption is effective
February 11, 2015 and ending February
13, 2017.
FOR FURTHER INFORMATION CONTACT: Mr.
Mike Huntley, Vehicle and Roadside
Operations Division, Office of Carrier,
Driver, and Vehicle Safety, MC–PSV,
(202) 366–5370, Federal Motor Carrier
Safety Administration, 1200 New Jersey
Avenue SE., Washington, DC 20590–
0001.
Docket: For access to the docket to
read background documents or
comments submitted to notice
requesting public comments on the
exemption application, 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 online Federal document management
system is available 24 hours each day,
365 days each year. The docket number
is listed at the beginning of this notice.
SUPPLEMENTARY INFORMATION:
tkelley on DSK3SPTVN1PROD with NOTICES
SUMMARY:
Background
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. 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
VerDate Sep<11>2014
17:07 Feb 10, 2015
Jkt 235001
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)).
Truckmovers Application for
Exemption
Truckmovers applied for an
exemption from 49 CFR 393.71(k)(4) to
allow the use of ultra-high-molecularweight polyethylene support blocks in
lieu of hardwood blocks to increase the
height of a towed vehicle in driveawaytowaway operations. A copy of the
application is included in the docket
referenced at the beginning of this
notice.
In its application, Truckmovers states
that without the proposed exemption it
will not be able to utilize ultra-highmolecular-weight polyethylene support
blocks because 49 CFR 393.71(k)(4)
specifically requires the use of
hardwood blocks to build up the height
of the front end of a towed vehicle in
driveaway-towaway operations.
Truckmovers provided information
regarding the development of ultra-highmolecular-weight polyethylene blocks
with a compression rating of 3,300 psi,
which can withstand extreme heat and
cold. These blocks are not susceptible to
decomposition and erosion like wood
blocks, allowing for their re-use. The
high compression strength of the ultrahigh-molecular-weight polyethylene
makes the blocks resistant to
deformation under loading when
secured with cargo securement devices,
while wood can be compressed as a
result of over-tightening of the cargo
securement devices, and can crack and
become loose in transit. For the reasons
stated above, Truckmovers requests that
its operators be permitted to use the
ultra-high molecular polyethylene
support blocks to increase the height of
a towed vehicle in driveaway-towaway
operations, instead of utilizing
hardwood blocks as specified in the
current regulation. Truckmovers
PO 00000
Frm 00113
Fmt 4703
Sfmt 4703
believes that the use of ultra-highmolecular-weight polyethylene plastic
blocks, in lieu of hardwood support
blocks, will maintain a level of safety
that is equivalent to the level of safety
achieved without the exemption.
Comments
FMCSA published a notice of the
application in the Federal Register on
October 8, 2014, and asked for public
comment (79 FR 60891). No comments
were received.
FMCSA Decision
The FMCSA has evaluated the
Truckmovers exemption application.
The Agency believes that granting the
temporary exemption to allow the use of
ultra-high-molecular-weight
polyethylene support blocks in lieu of
hardwood blocks to increase the height
of a towed vehicle in driveawaytowaway operations will provide a level
of safety that is equivalent to, or greater
than the level of safety achieved without
the exemption. FMCSA agrees that
ultra-high-molecular-weight
polyethylene blocks will be less
susceptible to material degradation than
hardwood blocks, and that the use of
these plastic blocks will help ensure
that the towed vehicle will remain
secure within the saddle mounts and
will prevent shifting while in transit.
While the Truckmovers exemption
application requested relief for an
estimated 250 drivers and CMVs, the
Agency has decided that it is
appropriate to extend the scope of the
exemption to allow any motor carrier to
use ultra-high-molecular-weight
polyethylene support blocks in lieu of
hardwood blocks to increase the height
of a towed vehicle in driveawaytowaway operations.
Terms and Conditions for the
Exemption
The Agency hereby grants the
exemption for a two-year period,
beginning February 11, 2015 and ending
February 13, 2017. Any motor carrier
that experiences a failure of the ultrahigh-molecular-weight polyethylene
support blocks must report the incident
to FMCSA’s Vehicle and Roadside
Operations Division, 1200 New Jersey
Avenue, Washington, DC 20590. The
report must include information about
the size of the support block and the
weight upon the support block at the
time the block was damaged. This
information will enable FMCSA to
gather information about the real-world
experiences of carriers in using ultrahigh-molecular-weight polyethylene
support blocks.
E:\FR\FM\11FEN1.SGM
11FEN1
Federal Register / Vol. 80, No. 28 / Wednesday, February 11, 2015 / Notices
The exemption will be valid for two
years unless rescinded earlier by
FMCSA. The exemption will be
rescinded if: (1) Motor carriers and/or
commercial motor vehicles fail to
comply with the terms and conditions
of the exemption; (2) the exemption has
resulted in a lower level of safety than
was maintained before it was granted; or
(3) continuation of the exemption would
not be consistent with the goals and
objectives of 49 U.S.C. 31136(e) and
31315(b).
Interested parties possessing
information that would demonstrate
that motor carriers using the plastic
support blocks are not achieving the
requisite statutory level of safety should
immediately notify FMCSA. The
Agency will evaluate any such
information and, if safety is being
compromised or if the continuation of
the exemption is not consistent with 49
U.S.C. 31136(e) and 31315(b), will take
immediate steps to revoke the
exemption.
Preemption
During the period the exemption is in
effect, no State shall enforce any law or
regulation that conflicts with or is
inconsistent with this exemption with
respect to a person operating under the
exemption.
Issued on: January 30, 2015.
T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2015–02811 Filed 2–10–15; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2011–0022]
Parts and Accessories Necessary for
Safe Operation; Exemption Renewal
for KBC Companies, LLC d/b/a
Innovative Electronics
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of renewal of exemption;
request for comments.
AGENCY:
The Federal Motor Carrier
Safety Administration (FMCSA) renews
an exemption that allows commercial
motor vehicle operators to use trailermounted electric brake controllers
which monitor and actuate electric
trailer brakes based on inertial forces
developed in response to the braking
action of the towing vehicle. The
Agency has concluded that granting this
exemption renewal to allow the use of
trailer-mounted electric brake
tkelley on DSK3SPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
17:07 Feb 10, 2015
Jkt 235001
controllers will maintain a level of
safety that is equivalent to, or greater
than, the level of safety achieved
without the exemption. However, the
Agency requests comments on this
issue, especially from anyone who
believes this standard will not be
maintained.
DATES: This exemption is effective from
February 11, 2015 through February 13,
2017.
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.
Docket: For access to the docket to
read background documents or public
comments submitted in response to
previous notices concerning the
exemption application, 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 online Federal document management
system is available 24 hours each day,
365 days each year. The docket number
is listed at the beginning of this notice.
SUPPLEMENTARY INFORMATION:
Background
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. 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
PO 00000
Frm 00114
Fmt 4703
Sfmt 4703
7677
exemption may be renewed (49 CFR
381.300(b)).
KBC Companies, LLC d/b/a
Innovative Electronics has requested
renewal of its exemption from 49 CFR
393.48 and 49 CFR 393.49 to allow
commercial motor vehicle operators to
tow trailers equipped with trailermounted electric brake controllers.
Basis for Renewing Exemption
On February 10, 2011(76 FR 7623),
FMCSA published a notice requesting
public comment on Innovative
Electronics, Inc.’s application for an
exemption from certain requirements in
49 CFR 393.48 and 49 CFR 393.49 to
allow commercial motor vehicle
operators to tow trailers equipped with
trailer-mounted electric brake
controllers. A correction was published
on February 22, 2011 (76 FR 9853).
After reviewing the public responses to
the notice, the Agency granted the
exemption on November 29, 2011 (76
FR 73763).
Innovative Electronics, Inc. has
applied for a renewal of the two-year
exemption. The FMCSA has determined
preliminarily that it is appropriate to
renew the exemption pending a review
of public comments in response to the
application for another two-year period,
until February 13, 2017.
FMCSA is not aware of any evidence
showing that the use of trailer-mounted
electric brake controllers in compliance
with the conditions of the original
exemption has resulted in any
degradation in safety. While trailermounted electric brake controllers are
currently available for trailers not used
for commercial purposes, renewing the
exemption will allow rental companies
to continue to rent trailers equipped
with trailer-mounted electric brake
controllers to commercial customers
whose tow vehicles are not equipped
with electric brake controllers. The
Agency believes that extending the
exemption for a period of two years will
likely achieve a level of safety that is
equivalent to, or greater than, the level
of safety achieved without the
exemption.
Terms and Conditions for the
Exemption
During the renewal period, motor
carriers must continue to meet the
requirements of §§ 393.48(d) and
393.49(c) for hydraulic surge brakes,
except that, for purposes of the
exemption, those provisions shall have
the following meaning, with ‘‘surge
brake’’ replaced by ‘‘trailer-mounted
electric brake controller.’’
E:\FR\FM\11FEN1.SGM
11FEN1
]]>Agencies
[Federal Register Volume 80, Number 28 (Wednesday, February 11, 2015)]
[Notices]
[Pages 7675-7677]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-02811]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2014-0335]
Parts and Accessories Necessary for Safe Operation; Dealers
Choice Truckaway System, Inc. Exemption Application
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
-----------------------------------------------------------------------
[[Page 7676]]
SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
announces its decision to grant Dealers Choice Truckaway System, Inc.'s
(Truckmovers) exemption application to allow the use of ultra-high-
molecular-weight polyethylene blocks to build up the height of the
front end of towed vehicles in driveaway-towaway operations. The
Federal Motor Carrier Safety Regulations (FMCSRs) permit the use of
``hardwood blocks of good quality'' for this purpose, but the use of
materials other than hardwood blocks is not addressed. FMCSA believes
the use of ultra-high-molecular-weight polyethylene plastic blocks will
maintain a level of safety that is equivalent to the level of safety
achieved without the exemption. While the Truckmovers exemption
application requested relief for an estimated 250 drivers and CMVs, the
Agency has decided that it is appropriate to extend the scope of the
exemption to allow any motor carrier to use ultra-high-molecular-weight
polyethylene support blocks in lieu of hardwood blocks.
DATES: This exemption is effective February 11, 2015 and ending
February 13, 2017.
FOR FURTHER INFORMATION CONTACT: Mr. Mike Huntley, Vehicle and Roadside
Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC-
PSV, (202) 366-5370, Federal Motor Carrier Safety Administration, 1200
New Jersey Avenue SE., Washington, DC 20590-0001.
Docket: For access to the docket to read background documents or
comments submitted to notice requesting public comments on the
exemption application, 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 Federal document
management system is available 24 hours each day, 365 days each year.
The docket number is listed at the beginning of this notice.
SUPPLEMENTARY INFORMATION:
Background
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. 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)).
Truckmovers Application for Exemption
Truckmovers applied for an exemption from 49 CFR 393.71(k)(4) to
allow the use of ultra-high-molecular-weight polyethylene support
blocks in lieu of hardwood blocks to increase the height of a towed
vehicle in driveaway-towaway operations. A copy of the application is
included in the docket referenced at the beginning of this notice.
In its application, Truckmovers states that without the proposed
exemption it will not be able to utilize ultra-high-molecular-weight
polyethylene support blocks because 49 CFR 393.71(k)(4) specifically
requires the use of hardwood blocks to build up the height of the front
end of a towed vehicle in driveaway-towaway operations. Truckmovers
provided information regarding the development of ultra-high-molecular-
weight polyethylene blocks with a compression rating of 3,300 psi,
which can withstand extreme heat and cold. These blocks are not
susceptible to decomposition and erosion like wood blocks, allowing for
their re-use. The high compression strength of the ultra-high-
molecular-weight polyethylene makes the blocks resistant to deformation
under loading when secured with cargo securement devices, while wood
can be compressed as a result of over-tightening of the cargo
securement devices, and can crack and become loose in transit. For the
reasons stated above, Truckmovers requests that its operators be
permitted to use the ultra-high molecular polyethylene support blocks
to increase the height of a towed vehicle in driveaway-towaway
operations, instead of utilizing hardwood blocks as specified in the
current regulation. Truckmovers believes that the use of ultra-high-
molecular-weight polyethylene plastic blocks, in lieu of hardwood
support blocks, will maintain a level of safety that is equivalent to
the level of safety achieved without the exemption.
Comments
FMCSA published a notice of the application in the Federal Register
on October 8, 2014, and asked for public comment (79 FR 60891). No
comments were received.
FMCSA Decision
The FMCSA has evaluated the Truckmovers exemption application. The
Agency believes that granting the temporary exemption to allow the use
of ultra-high-molecular-weight polyethylene support blocks in lieu of
hardwood blocks to increase the height of a towed vehicle in driveaway-
towaway operations will provide a level of safety that is equivalent
to, or greater than the level of safety achieved without the exemption.
FMCSA agrees that ultra-high-molecular-weight polyethylene blocks will
be less susceptible to material degradation than hardwood blocks, and
that the use of these plastic blocks will help ensure that the towed
vehicle will remain secure within the saddle mounts and will prevent
shifting while in transit. While the Truckmovers exemption application
requested relief for an estimated 250 drivers and CMVs, the Agency has
decided that it is appropriate to extend the scope of the exemption to
allow any motor carrier to use ultra-high-molecular-weight polyethylene
support blocks in lieu of hardwood blocks to increase the height of a
towed vehicle in driveaway-towaway operations.
Terms and Conditions for the Exemption
The Agency hereby grants the exemption for a two-year period,
beginning February 11, 2015 and ending February 13, 2017. Any motor
carrier that experiences a failure of the ultra-high-molecular-weight
polyethylene support blocks must report the incident to FMCSA's Vehicle
and Roadside Operations Division, 1200 New Jersey Avenue, Washington,
DC 20590. The report must include information about the size of the
support block and the weight upon the support block at the time the
block was damaged. This information will enable FMCSA to gather
information about the real-world experiences of carriers in using
ultra-high-molecular-weight polyethylene support blocks.
[[Page 7677]]
The exemption will be valid for two years unless rescinded earlier
by FMCSA. The exemption will be rescinded if: (1) Motor carriers and/or
commercial motor vehicles fail to comply with the terms and conditions
of the exemption; (2) the exemption has resulted in a lower level of
safety than was maintained before it was granted; or (3) continuation
of the exemption would not be consistent with the goals and objectives
of 49 U.S.C. 31136(e) and 31315(b).
Interested parties possessing information that would demonstrate
that motor carriers using the plastic support blocks are not achieving
the requisite statutory level of safety should immediately notify
FMCSA. The Agency will evaluate any such information and, if safety is
being compromised or if the continuation of the exemption is not
consistent with 49 U.S.C. 31136(e) and 31315(b), will take immediate
steps to revoke the exemption.
Preemption
During the period the exemption is in effect, no State shall
enforce any law or regulation that conflicts with or is inconsistent
with this exemption with respect to a person operating under the
exemption.
Issued on: January 30, 2015.
T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2015-02811 Filed 2-10-15; 8:45 am]
BILLING CODE 4910-EX-P
