Parts and Accessories Necessary for Safe Operation, Lamps and Reflective Devices; Application for an Exemption From STEMCO LP, 37662-37664 [2016-13774]
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37662
Federal Register / Vol. 81, No. 112 / Friday, June 10, 2016 / Notices
USDOT Number. Most for-hire carriers
are also required to file a separate
application for operating authority
under 49 U.S.C. 13901. Mexico- and
Non-North America-domiciled motor
carriers file a separate registration form.
The information collection will replace
these three collections and create a
single on-line form. This rule will
streamline the collection and eliminate
the need for motor carriers to file the
same information on multiple forms.
Title: Unified Registration System,
FMCSA Registration/Updates.
OMB Control Number: 2126–0051.
Type of Request: Extension of a
currently approved information
collection.
Respondents: Motor carriers
(including private and exempt for-hire
carriers effective September 30, 2016),
freight forwarders, brokers, cargo tank
(CT) facilities, and intermodal
equipment providers (IEPs) that are
required to initially register for and then
maintain their safety and operating
authority registrations with USDOT.
Estimated Number of Respondents:
78,400 respondents for initial
registration filings; 507,500 respondents
for completing the biennial update;
13,000 respondents for filing name/
address change requests; 1,100
respondents for transfer of operating
authority registration notifications; and
2,030 respondents for reinstatements of
operating authority registration.
Estimated Time per Response: 1.34
hours for initial registration filings; and
10 minutes each for the biennial update,
name/address change request,
notification of transfer of operating
authority registration, and reinstatement
of revoked or inactive registration.
Expiration Date: November 30, 2016.
Frequency of Response: This
information collection covers the initial
application to register with FMCSA as a
motor carrier, freight forwarder, broker,
intermodal equipment provider, and
cargo tank facility; as well as subsequent
applications to complete a biennial
update or any other update of the
information recorded on the registration
system, submit a name/address change
request, seek a reinstatement of revoked
or inactive registration, and notify the
Agency of a transfer of operating
authority registration.
Estimated Total Annual Burden:
105,000 burden hours for the initial
applications of registration; 84,600
burden hours for completing biennial
updates; 2,200 burden hours for filing
name/address change requests; 180
burden hours for operating authority
registration transfer notifications; and
340 burden hours for reinstatements of
revoked or inactive registration; for a
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total estimated annual burden of
192,320 hours.
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including: (1)
Whether the proposed collection is
necessary for the performance of
FMCSA’s functions; (2) the accuracy of
the estimated burden; (3) ways for
FMCSA to enhance the quality,
usefulness, and clarity of the collected
information; and (4) ways that the
burden could be minimized without
reducing the quality of the collected
information. The agency will summarize
or include your comments in the request
for OMB’s clearance of this information
collection.
Issued on: June 3, 2016.
G. Kelly Regal,
Associate Administrator, Office of Research
and Information Technology.
[FR Doc. 2016–13752 Filed 6–9–16; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA—2016–0167
Parts and Accessories Necessary for
Safe Operation, Lamps and Reflective
Devices; Application for an Exemption
From STEMCO LP
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of application for
exemption; request for comments.
AGENCY:
FMCSA requests public
comment on an application for
exemption from STEMCO LP (STEMCO)
to allow motor carriers to operate
commercial motor vehicles (CMVs) that
are equipped with STEMCO’s
TrailerTail® aerodynamic device with
rear identification lamps and rear
clearance lamps that are mounted lower
than currently permitted by the
Agency’s regulations. The Federal Motor
Carrier Safety Regulations (FMCSRs)
require rear identification lamps and
rear clearance lamps to be located ‘‘as
close as practicable to the top of the
vehicle.’’ While the TrailerTail®
aerodynamic device is currently
mounted slightly below the roof of the
vehicle, STEMCO states that this offset
prevents the device from delivering the
maximum available fuel economy
benefit as opposed to mounting it flush
with the top of the vehicle which may
block the visibility of the rear
identification lamps and rear clearance
lamps. STEMCO believes that locating
the rear identification lamps and rear
SUMMARY:
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clearance lamps lower on the vehicle,
on a horizontal plane with other
required lamps (stop, turn, and tail
lamps) as is done on a flatbed trailer or
an intermodal chassis, will maintain a
level of safety that is equivalent to, or
greater than, the level of safety achieved
without the exemption. STEMCO is
requesting the temporary exemption in
advance of petitioning FMCSA to
conduct a rulemaking to amend 49 CFR
393.11.
DATES: Comments must be received on
or before July 11, 2016.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket ID FMCSA–
2016–0167 using 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., MondayFriday, 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, 1200 New Jersey
Avenue SE., Washington, DC, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
Privacy Act: In accordance with 5
U.S.C. 553(c), DOT solicits comments
from the public to better inform its
rulemaking process. DOT posts these
comments, without edit, including any
personal information the commenter
provides, to www.regulations.gov, as
described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at www.dot.gov/privacy.
Public participation: The https://
www.regulations.gov Web site is
generally available 24 hours each day,
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Federal Register / Vol. 81, No. 112 / Friday, June 10, 2016 / Notices
asabaliauskas on DSK3SPTVN1PROD with NOTICES
365 days each year. You may find
electronic submission and retrieval help
and guidelines under the ‘‘help’’ section
of the https://www.regulations.gov Web
site as well as the DOT’s https://
docketsinfo.dot.gov Web site. If you
would like notification that we received
your comments, please include a selfaddressed, stamped envelope or
postcard or print the acknowledgment
page that appears after submitting
comments online.
FOR FURTHER INFORMATION CONTACT: Mr.
Jose Cestero, Vehicle and Roadside
Operations Division, Office of Bus and
Truck Standards and Operations, MC–
PSV, (202) 366–5541; 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. 401] amended 49 U.S.C. 31315 and
31136(e) to provide authority to grant
exemptions from the Federal Motor
Carrier Safety Regulations (FMCSRs).
On August 20, 2004, FMCSA published
a final rule (69 FR 51589) implementing
section 4007. 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 specify the
effective period of the exemption (up to
5 years) and explain the terms and
conditions of the exemption. The
exemption may be renewed (49 CFR
381.315(c) and 49 CFR 381.300(b)).
STEMCO Application for Exemption
STEMCO, on behalf of motor carriers
utilizing its TrailerTail® aerodynamic
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devices, applied for an exemption from
49 CFR 393.11 to allow rear
identification lamps and rear clearance
lamps to be mounted lower than
currently permitted by the Agency’s
regulations. A copy of the application is
included in the docket referenced at the
beginning of this notice.
Table 1 of § 393.11, ‘‘Required lamps
and reflectors on commercial motor
vehicles,’’ specifies the requirements for
lamps, reflective devices and associated
equipment by the type of CMV. All
CMVs manufactured on or after
December 25, 1968, must, at a
minimum, meet the applicable
requirements of Federal Motor Vehicle
Safety Standard (FMVSS) No. 108,
‘‘Lamps, reflective devices, and
associated equipment,’’ in effect at the
time of manufacture of the vehicle. Rear
identification lamps must be mounted
as close as practicable to the top of the
vehicle. One lamp must be as close as
practicable to the vertical centerline and
one on each side of the center lamp with
the lamp centers spaced not less than 6
inches or more than 12 inches apart,
and all on the same level. One rear
clearance lamp must be located on each
side of the vertical centerline of the
vehicle to indicate overall width, both
of which must be on the same level and
as high as practicable.
The U.S. Environmental Protection
Agency (EPA) and the Department of
Transportation’s National Highway
Traffic Safety Administration (NHTSA)
have jointly proposed a national
program that would establish the next
phase of greenhouse gas (GHG)
emissions and fuel efficiency standards
for medium- and heavy-duty vehicles.
This ‘‘Phase 2 program’’ would
significantly reduce carbon emissions
and improve the fuel efficiency of
heavy-duty vehicles, helping to address
the challenges of global climate change
and energy security. In February 2015,
STEMCO purchased ATDynamics and
its TrailerTail® product line, a
collapsible boat tail technology that
improves the rear aerodynamic shape of
CMVs. STEMCO states that motor
carriers are evaluating the TrailerTail®
rear aerodynamic device to help meet
(1) the proposed Phase 2 program
standards, and (2) the California Air
Resources Board (CARB) Tractor-Trailer
Greenhouse Gas Regulation for dry van
and refrigerated van type trailers that
has been in effect since 2010.
For newly manufactured trailers,
STEMCO states that the TrailerTail® top
panel is mounted 1.5—3.5 inches below
the roof of the trailer in order to comply
with the FMVSS No. 108 and FMCSR
mounting location requirements for rear
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37663
identification and clearance lamps.
However, STEMCO states:
This inset creates an unaeordynamic gap as
airflow transitions from the trailer roof onto
the TrailerTail panels and has prevented
TrailerTails from delivering the maximum
available fuel economy benefit. Wind tunnel
flow visualization highlights the contrast in
airflow between flush and inset panels and
our own internal testing estimates an
additional 0.14 delta CDA (measured drag
area) gain and 70 million gallons of annual
diesel fuel savings can be achieved simply by
installing TrailerTails flush with the trailer
roof. In order to evaluate the actual
performance of flush mounted TrailerTail
aerodynamic systems on actual fleet based
fuel economy, it is necessary to request relief
from the location requirements for upper
identification lamps and rear clearance lamps
on commercial van trailers and box trucks.
Additionally, these lower clearance and
identification lamp locations will pave the
way for the commercial launch of collapsible
boat tails for roll door box trailers, where the
rear upper header is a critical mounting
location of boat tail components.
In support of its application, STEMCO
states that ‘‘The relocation of the rear
identification lamps and rear clearance
lamps to a lower location on the trailer
or box truck are equivalent to the
current required lamp location on a
flatbed trailer or intermodal chassis, so
no safety impact is anticipated.’’ In
addition, according to the application:
STEMCO believes that there will be no
safety impact from the relocation of both the
rear identification lamps and the rear
clearance lamps to a location on an
approximate horizontal plane with other rear
lamps. NHTSA issued legal interpretations
from 1968 until approximately 1999 to trailer
manufacturers to allow the lower mounting
location for rear identification lamps and rear
clearance lamps when there was no
‘‘practicable’’ means of installing the lamps
‘‘as close as practicable to the top of the
vehicle.’’ NHTSA subsequently issued an
interpretative rule on April 5, 1999, 64 FR
16358, suggesting that trailer manufacturers
could no longer mount lamps at the lower
location as narrow lamps were now readily
available, and NHTSA would no longer defer
to a manufacturer’s subjective determination
of practicability for locating lamps in the rear
upper header location on van trailers and box
trucks. However, NHTSA noted in that same
Notice that they did not intend to bring
enforcement actions based on this
interpretive rule immediately. Subsequently,
trailer manufacturers continued to
manufacture van trailers and box trucks with
the rear identification lamps and rear
clearance lamps mounted lower on the
vehicles on an approximate horizontal plane
with the other required lamps.’’
STEMCO states that without the
exemption, it will be unable to verify
fleet performance of a higher
performance TrailerTail® design that is
expected to provide the maximum
available fuel economy benefit that may
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Federal Register / Vol. 81, No. 112 / Friday, June 10, 2016 / Notices
be necessary in order to meet future fuel
efficiency requirements.
Request for Comments
In accordance with 49 U.S.C. 31315
and 31136(e), FMCSA requests public
comment from all interested persons on
STEMCO’s application for an exemption
from 49 CFR 393.11. 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 continue to file
relevant information in the public
docket that becomes available after the
comment closing date. Interested
persons should continue to examine the
public docket for new material.
Issued on: June 2, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016–13774 Filed 6–9–16; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
[Docket ID PHMSA–2016–0059]
Pipeline Safety: Public Workshop on
Public Awareness
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Notice of public meeting.
AGENCY:
This notice is announcing a
one-day public workshop PHMSA is
sponsoring on public awareness to bring
pipeline safety stakeholders together to
review the findings from the joint Public
Awareness Program Working Group’s
(PAPWG) Strengths, Weaknesses,
Opportunities, and Threats (SWOT)
Report and explore future actions that
can be taken to expand public
awareness and stakeholder engagement
efforts. Various stakeholders, including
federal and state regulators, industry,
pipeline operators, public, emergency
response officials, local public officials,
land planners, and excavators, will
engage to strengthen pipeline safety
public awareness.
DATES: The workshop will be held on
July 13, 2016. The workshop will take
place from 8:00 a.m. until
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SUMMARY:
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approximately 5:00 p.m. central time.
The workshop will be webcasted live
and recorded for pipeline safety
stakeholders who are unable to travel to
the workshop.
ADDRESSES: The workshop will be held
in Chicago, IL. The meeting location in
Chicago and the hotel information will
be provided on the meeting Web site at
https://primis.phmsa.dot.gov/meetings/
MtgHome.mtg?mtg=114&nocache=5719
in the near future. The meeting room
location will be posted on the day of the
workshop.
Registration: Members of the public
may attend this free workshop. To help
assure that adequate space is provided,
all attendees, both in person and by
webcast, should register in advance for
the workshop at the PHMSA Public
Meeting Web site at: https://
primis.phmsa.dot.gov/meetings/
MtgHome.mtg?mtg=114&nocache=5719.
The meeting agenda will be posted and
updated on the registration site. On-site
registration will also be available for
those attending in person starting at
7:00 a.m. central time. All workshop
presentations will be available on the
meeting registration Web site within 15
days following the workshop.
Comments: Members of the public
may submit written comments either
before or after the workshop. Comments
should reference Docket No. PHMSA–
2016–0059. Comments may be
submitted in the following ways:
• E-Gov Web site: https://
www.regulations.gov. This site allows
the public to enter comments on any
Federal Register notice issued by any
agency. Follow the instructions for
submitting comments.
• Fax: 1–202–493–2251.
• Mail: Docket Management System,
U.S. Department of Transportation, 1200
New Jersey Avenue SE., Room W12–
140, Washington, DC 20590.
Hand Delivery: DOT Docket
Management System, Room W12–140,
on the ground floor of the West
Building, 1200 New Jersey Avenue SE.,
Washington, DC between 9 a.m. and 5
p.m. eastern time, Monday through
Friday, except Federal holidays.
Instructions: Identify the docket
number (PHMSA–2016–0059) at the
beginning of your comments. If you
submit your comments by mail, submit
two copies. If you wish to receive
confirmation that PHMSA has received
your comments, include a selfaddressed stamped postcard. Internet
users may submit comments at https://
www.regulations.gov.
Note: Comments will be posted without
changes or edits to https://
www.regulations.gov including any personal
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Fmt 4703
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information provided. Please see the Privacy
Act statement below for additional
information.
Privacy Act Statement
Anyone may search the electronic
form of all comments received for any
of our dockets. You may review DOT’s
complete Privacy Act Statement in the
Federal Register published April 11,
2000, (65 FR 19477) or visit https://
dms.dot.gov.
Information on Services for Individuals
With Disabilities
For information on facilities or
services for individuals with
disabilities, or to request special
assistance at the meeting, please contact
Dr. Christie Murray, Director, Program
Development Division, PHMSA, at (202)
366–4996 or by email at
Christie.Murray@dot.gov no later than
July 8, 2016.
FOR FURTHER INFORMATION CONTACT: Dr.
Christie Murray, Director, Program
Development Division, PHMSA, at 202–
366–4996 or by email at
Christie.Murray@dot.gov.
SUPPLEMENTARY INFORMATION:
Stakeholders are encouraged to review
the PAPWG SWOT Report prior to the
workshop. The PAPWG SWOT Report is
available at: https://primis.
phmsa.dot.gov/comm/publicawareness/
docs/PAPWG%20SWOT%20Analysis
%20Report-FINAL%2005–16–16.pdf.
The Federal pipeline safety
regulations (49 CFR 192.616 and 49 CFR
195.440) require pipeline operators to
develop and implement public
awareness programs that follow the
guidance provided by the API RP 1162,
1st Edition, ‘‘Public Awareness
Programs for Pipeline Operators’’
(incorporated by reference in the
pipeline safety regulations 49 CFR
192.616 and 49 CFR 195.440). Pipeline
operators are required to implement
public awareness programs that provide
pipeline safety information to the
affected public, emergency response
officials, local public officials, and
excavators. Implementing and
improving public awareness programs
allows pipeline stakeholders an
opportunity to address pipeline safety
concerns, such as third party damages,
in a proactive manner.
The PAPWG was a collaborative
stakeholder work group comprised of
myriad pipeline safety stakeholders.
The PAPWG was established in
September 2013. The mission of the
PAPWG was to review pipeline safety
public awareness data and information
from various sources, identify relevant
topical review areas, perform SWOT
E:\FR\FM\10JNN1.SGM
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Agencies
[Federal Register Volume 81, Number 112 (Friday, June 10, 2016)]
[Notices]
[Pages 37662-37664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13774]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA--2016-0167
Parts and Accessories Necessary for Safe Operation, Lamps and
Reflective Devices; Application for an Exemption From STEMCO LP
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 STEMCO LP (STEMCO) to allow motor carriers to operate commercial
motor vehicles (CMVs) that are equipped with STEMCO's
TrailerTail[supreg] aerodynamic device with rear identification lamps
and rear clearance lamps that are mounted lower than currently
permitted by the Agency's regulations. The Federal Motor Carrier Safety
Regulations (FMCSRs) require rear identification lamps and rear
clearance lamps to be located ``as close as practicable to the top of
the vehicle.'' While the TrailerTail[supreg] aerodynamic device is
currently mounted slightly below the roof of the vehicle, STEMCO states
that this offset prevents the device from delivering the maximum
available fuel economy benefit as opposed to mounting it flush with the
top of the vehicle which may block the visibility of the rear
identification lamps and rear clearance lamps. STEMCO believes that
locating the rear identification lamps and rear clearance lamps lower
on the vehicle, on a horizontal plane with other required lamps (stop,
turn, and tail lamps) as is done on a flatbed trailer or an intermodal
chassis, will maintain a level of safety that is equivalent to, or
greater than, the level of safety achieved without the exemption.
STEMCO is requesting the temporary exemption in advance of petitioning
FMCSA to conduct a rulemaking to amend 49 CFR 393.11.
DATES: Comments must be received on or before July 11, 2016.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2016-0167 using 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-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, 1200 New Jersey Avenue SE., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
Public participation: The https://www.regulations.gov Web site is
generally available 24 hours each day,
[[Page 37663]]
365 days each year. You may find electronic submission and retrieval
help and guidelines under the ``help'' section of the https://www.regulations.gov Web site as well as the DOT's https://docketsinfo.dot.gov Web site. If you would like notification that we
received your comments, please include a self-addressed, stamped
envelope or postcard or print the acknowledgment page that appears
after submitting comments online.
FOR FURTHER INFORMATION CONTACT: Mr. Jose Cestero, Vehicle and Roadside
Operations Division, Office of Bus and Truck Standards and Operations,
MC-PSV, (202) 366-5541; 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. 401] amended 49
U.S.C. 31315 and 31136(e) to provide authority to grant exemptions from
the Federal Motor Carrier Safety Regulations (FMCSRs). On August 20,
2004, FMCSA published a final rule (69 FR 51589) implementing section
4007. 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 specify the effective
period of the exemption (up to 5 years) and explain the terms and
conditions of the exemption. The exemption may be renewed (49 CFR
381.315(c) and 49 CFR 381.300(b)).
STEMCO Application for Exemption
STEMCO, on behalf of motor carriers utilizing its
TrailerTail[supreg] aerodynamic devices, applied for an exemption from
49 CFR 393.11 to allow rear identification lamps and rear clearance
lamps to be mounted lower than currently permitted by the Agency's
regulations. A copy of the application is included in the docket
referenced at the beginning of this notice.
Table 1 of Sec. 393.11, ``Required lamps and reflectors on
commercial motor vehicles,'' specifies the requirements for lamps,
reflective devices and associated equipment by the type of CMV. All
CMVs manufactured on or after December 25, 1968, must, at a minimum,
meet the applicable requirements of Federal Motor Vehicle Safety
Standard (FMVSS) No. 108, ``Lamps, reflective devices, and associated
equipment,'' in effect at the time of manufacture of the vehicle. Rear
identification lamps must be mounted as close as practicable to the top
of the vehicle. One lamp must be as close as practicable to the
vertical centerline and one on each side of the center lamp with the
lamp centers spaced not less than 6 inches or more than 12 inches
apart, and all on the same level. One rear clearance lamp must be
located on each side of the vertical centerline of the vehicle to
indicate overall width, both of which must be on the same level and as
high as practicable.
The U.S. Environmental Protection Agency (EPA) and the Department
of Transportation's National Highway Traffic Safety Administration
(NHTSA) have jointly proposed a national program that would establish
the next phase of greenhouse gas (GHG) emissions and fuel efficiency
standards for medium- and heavy-duty vehicles. This ``Phase 2 program''
would significantly reduce carbon emissions and improve the fuel
efficiency of heavy-duty vehicles, helping to address the challenges of
global climate change and energy security. In February 2015, STEMCO
purchased ATDynamics and its TrailerTail[supreg] product line, a
collapsible boat tail technology that improves the rear aerodynamic
shape of CMVs. STEMCO states that motor carriers are evaluating the
TrailerTail[supreg] rear aerodynamic device to help meet (1) the
proposed Phase 2 program standards, and (2) the California Air
Resources Board (CARB) Tractor-Trailer Greenhouse Gas Regulation for
dry van and refrigerated van type trailers that has been in effect
since 2010.
For newly manufactured trailers, STEMCO states that the
TrailerTail[supreg] top panel is mounted 1.5--3.5 inches below the roof
of the trailer in order to comply with the FMVSS No. 108 and FMCSR
mounting location requirements for rear identification and clearance
lamps. However, STEMCO states:
This inset creates an unaeordynamic gap as airflow transitions
from the trailer roof onto the TrailerTail panels and has prevented
TrailerTails from delivering the maximum available fuel economy
benefit. Wind tunnel flow visualization highlights the contrast in
airflow between flush and inset panels and our own internal testing
estimates an additional 0.14 delta CDA (measured drag
area) gain and 70 million gallons of annual diesel fuel savings can
be achieved simply by installing TrailerTails flush with the trailer
roof. In order to evaluate the actual performance of flush mounted
TrailerTail aerodynamic systems on actual fleet based fuel economy,
it is necessary to request relief from the location requirements for
upper identification lamps and rear clearance lamps on commercial
van trailers and box trucks. Additionally, these lower clearance and
identification lamp locations will pave the way for the commercial
launch of collapsible boat tails for roll door box trailers, where
the rear upper header is a critical mounting location of boat tail
components.
In support of its application, STEMCO states that ``The relocation
of the rear identification lamps and rear clearance lamps to a lower
location on the trailer or box truck are equivalent to the current
required lamp location on a flatbed trailer or intermodal chassis, so
no safety impact is anticipated.'' In addition, according to the
application:
STEMCO believes that there will be no safety impact from the
relocation of both the rear identification lamps and the rear
clearance lamps to a location on an approximate horizontal plane
with other rear lamps. NHTSA issued legal interpretations from 1968
until approximately 1999 to trailer manufacturers to allow the lower
mounting location for rear identification lamps and rear clearance
lamps when there was no ``practicable'' means of installing the
lamps ``as close as practicable to the top of the vehicle.'' NHTSA
subsequently issued an interpretative rule on April 5, 1999, 64 FR
16358, suggesting that trailer manufacturers could no longer mount
lamps at the lower location as narrow lamps were now readily
available, and NHTSA would no longer defer to a manufacturer's
subjective determination of practicability for locating lamps in the
rear upper header location on van trailers and box trucks. However,
NHTSA noted in that same Notice that they did not intend to bring
enforcement actions based on this interpretive rule immediately.
Subsequently, trailer manufacturers continued to manufacture van
trailers and box trucks with the rear identification lamps and rear
clearance lamps mounted lower on the vehicles on an approximate
horizontal plane with the other required lamps.''
STEMCO states that without the exemption, it will be unable to
verify fleet performance of a higher performance TrailerTail[supreg]
design that is expected to provide the maximum available fuel economy
benefit that may
[[Page 37664]]
be necessary in order to meet future fuel efficiency requirements.
Request for Comments
In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests
public comment from all interested persons on STEMCO's application for
an exemption from 49 CFR 393.11. 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 continue to file relevant
information in the public docket that becomes available after the
comment closing date. Interested persons should continue to examine the
public docket for new material.
Issued on: June 2, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-13774 Filed 6-9-16; 8:45 am]
BILLING CODE 4910-EX-P