Parts and Accessories Necessary for Safe Operation; Dealers Choice Truckaway System, Inc. Exemption Application, 7675-7677 [2015-02811]

Download as PDF 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]


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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