Parts and Accessories Necessary for Safe Operation; Application for an Exemption From the International Institute of Towing and Recovery, 66728-66730 [2016-23358]
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Federal Register / Vol. 81, No. 188 / Wednesday, September 28, 2016 / Notices
18 applicants, no drivers were involved
in crashes and no drivers were
convicted of moving violations in a
CMV. All the applicants achieved a
record of safety while driving with their
vision impairment, demonstrating the
likelihood that they have adapted their
driving skills to accommodate their
condition. As the applicants’ ample
driving histories with their vision
deficiencies are good predictors of
future performance, FMCSA concludes
their ability to drive safely can be
projected into the future.
We believe that the applicants’
intrastate driving experience and history
provide an adequate basis for predicting
their ability to drive safely in interstate
commerce. Intrastate driving, like
interstate operations, involves
substantial driving on highways on the
interstate system and on other roads
built to interstate standards. Moreover,
driving in congested urban areas
exposes the driver to more pedestrian
and vehicular traffic than exists on
interstate highways. Faster reaction to
traffic and traffic signals is generally
required because distances between
them are more compact. These
conditions tax visual capacity and
driver response just as intensely as
interstate driving conditions. The
veteran drivers in this proceeding have
operated CMVs safely under those
conditions for at least 3 years, most for
much longer. Their experience and
driving records lead us to believe that
each applicant is capable of operating in
interstate commerce as safely as he/she
has been performing in intrastate
commerce. Consequently, FMCSA finds
that exempting these applicants from
the vision requirement in 49 CFR
391.41(b)(10) is likely to achieve a level
of safety equal to that existing without
the exemption. For this reason, the
Agency is granting the exemptions for
the 2-year period allowed by 49 U.S.C.
31136(e) and 31315 to the 18 applicants
listed in the notice of July 12, 2016 (81
FR 45214).
We recognize that the vision of an
applicant may change and affect his/her
ability to operate a CMV as safely as in
the past. As a condition of the
exemption, therefore, FMCSA will
impose requirements on the 18
individuals consistent with the
grandfathering provisions applied to
drivers who participated in the
Agency’s vision waiver program.
Those requirements are found at 49
CFR 391.64(b) and include the
following: (1) That each individual be
physically examined every year (a) by
an ophthalmologist or optometrist who
attests that the vision in the better eye
continues to meet the requirement in 49
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CFR 391.41(b)(10) and (b) by a medical
examiner who attests that the individual
is otherwise physically qualified under
49 CFR 391.41; (2) that each individual
provide a copy of the ophthalmologist’s
or optometrist’s report to the medical
examiner at the time of the annual
medical examination; and (3) that each
individual provide a copy of the annual
medical certification to the employer for
retention in the driver’s qualification
file, or keep a copy in his/her driver’s
qualification file if he/she is selfemployed. The driver must have a copy
of the certification when driving, for
presentation to a duly authorized
Federal, State, or local enforcement
official.
V. Discussion of Comments
FMCSA received no comments in this
proceeding.
Based upon its evaluation of the 18
exemption applications, FMCSA
exempts the following drivers from the
vision requirement in 49 CFR
391.41(b)(10), subject to the
requirements cited above (49 CFR
391.64(b)):
Travis A. Beckum (GA)
Steve Benton (TX)
Caleb E. Boulware (KS)
David E. Campbell (NY)
James G. Cothren (GA)
Nenad Harnos (NJ)
Matthew D. Hormann (MN)
James W. Jones (AL)
Louis M. Jones (LA)
Duane R. Martin (PA)
Roger S. Orr (IA)
Johnny A. Peery, Jr. (MD)
J.W. Ray (ID)
Richard D. Shyrock (MO)
Steven D. Sodders (OH)
Jerry M. Stearns, Jr. (AR)
Keith R. Tyler (NC)
James L. Yingst (IL)
In accordance with 49 U.S.C. 31136(e)
and 31315, each exemption will be valid
for 2 years unless revoked earlier by
FMCSA. The exemption will be revoked
if: (1) The person fails 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 and 31315.
If the exemption is still effective at the
end of the 2-year period, the person may
apply to FMCSA for a renewal under
procedures in effect at that time.
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[FR Doc. 2016–23357 Filed 9–27–16; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2016–0111]
Parts and Accessories Necessary for
Safe Operation; Application for an
Exemption From the International
Institute of Towing and Recovery
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of application for
exemption; request for comments.
AGENCY:
The Federal Motor Carrier
Safety Administration (FMCSA)
requests public comment on an
application for exemption from the
International Institute of Towing and
Recovery (IITR) (on behalf of the
Towing and Recovery Association of
America (TRAA) and the towing and
recovery industry) to allow commercial
motor vehicle operators to secure
automobiles, light trucks, and vans
using a total of four tiedowns—two
fixed and two adjustable—instead of
using a minimum of two tiedowns, both
of which need to be adjustable. While
the Federal Motor Carrier Safety
Regulations (FMCSRs) require each
tiedown, or its associated connectors or
attachment mechanisms, to be
adjustable, IITR believes that the use of
four tiedowns instead of the two that are
minimally required by the FMCSRs to
secure automobiles, light trucks, and
vans will maintain a level of safety that
is equivalent to, or greater than, the
level of safety achieved without the
exemption even though two of the four
tiedowns are not adjustable. IITR is
requesting the temporary exemption in
advance of petitioning FMCSA to
conduct a rulemaking to amend 49 CFR
393.112.
DATES: Comments must be received on
or before October 28, 2016.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket ID FMCSA–
2016–0111 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,
SUMMARY:
VI. Conclusion
PO 00000
Issued on: September 15, 2016.
Larry W. Minor,
Associate Administrator for Policy.
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Federal Register / Vol. 81, No. 188 / Wednesday, September 28, 2016 / Notices
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,
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: Mrs.
Amina Fisher, Vehicle and Roadside
Operations Division, Office of Carrier,
Driver, and Vehicle Safety, MC–PSV,
(202) 366–2782, Federal Motor Carrier
Safety Administration, 1200 New Jersey
Avenue SE., Washington, DC 20590–
0001.
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)).
Background
IITR’s Application for Exemption
IITR has applied for an exemption
from 49 CFR 393.112 to allow the use
of two non-adjustable tiedowns in
addition to the two adjustable tiedowns
currently required. A copy of the
application is included in the docket
referenced at the beginning of this
notice.
Section 393.112 of the FMCSRs,
‘‘Must a tiedown be adjustable?’’ states
‘‘Each tiedown, or its associated
connectors, or its attachment
mechanisms must be designed,
constructed, and maintained so the
driver of an in-transit commercial motor
vehicle can tighten them.’’ Section
393.128, ‘‘What are the rules for
securing automobiles, light trucks and
vans?’’, states in paragraph (b)(1) that
‘‘Automobiles, light trucks, and vans
must be restrained at both the front and
rear to prevent lateral, forward,
rearward, and vertical movement using
a minimum of two tiedowns.’’
In its application, IITR states:
Section 4007 of the Transportation
Equity Act for the 21st Century (TEA–
21) [Pub. L. 105–178, June 9, 1998, 112
The use of chains as a tiedown securement
has been an industry standard for many
years. While there are other methods of
SUPPLEMENTARY INFORMATION:
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66729
securement many operators believe that
properly rated chains are the best option for
securement of heavy loads. A tiedown chain
is secured to the vehicle at one end of the
load, adjusted for length and then dropped
into a keyhole slot. Then at the other end of
the vehicle, tiedowns are secured, and then
the tension for the cargo securement is
adjusted by using a chain binder ratchet
assembly. Tightening one end of the
assembly also tightens the other end.
As an example of current industry practice,
once the disabled vehicle has been winched
forward onto the carrier bed a safety chain is
installed to prevent rollback. Two tiedown
chains are then attached to the rear of the
disabled vehicle, dropped through two of the
keyhole slots at the rear of the carrier bed,
and snugged up or adjusted by using the
winch to remove any slack in the chains.
Then two chains or straps are attached and
ratcheted to secure the front of the vehicle.
Tightening the two front tiedowns
subsequently tighten the two rear tiedowns.
49 CFR 393.112 states that each tiedown,
or its associated connectors, or its attachment
mechanisms must be designed, constructed,
and maintained so the driver of an in-transit
commercial motor vehicle can tighten them.
Looking at the definition of a tiedown and
‘‘its associated connectors’’ and the method
by which a disabled vehicle is secured to the
carrier bed, each chain or tiedown is
completely adjustable. Specifically in the
example above, when a chain is dropped into
a keyhole slot the length of the chain is easily
adjustable and the tension can be further
adjusted by either the winch, tilt of the bed,
or a chain binder or ratchet assembly—by
tightening the front end of the tiedown
assembly the rear is also tightened.
As a further note, using only two chains as
prescribed in 393.128, one at the front and
one at the rear, may not meet the cargo
securement performance requirements of 0.8g
as described in 393.102, particularly in hard
stop or crash situations.
The towing and recovery industry faces the
continuing challenge of operating in the
safest and most expeditious manner.
Following the current roadside enforcement
interpretations of 393.112 and 393.128 and
how they are being enforced will push tow
operators into using one chain on the front
and one on the rear of the disabled vehicle,
which the industry considers to be a
‘‘shortcut’’. Using only two chains in this
manner could easily result in the disabled
vehicle moving on the bed, leading to
possible loss of control of the truck, leading
to possible injuries and/or death.
The exemption would apply to all car
carrier-type tow trucks. IITR believes
that using two non-adjustable tiedowns
in addition to the two adjustable
tiedowns minimally required will
maintain a level of safety that is
equivalent to, or greater than, the level
of safety achieved without the
exemption.
Request for Comments
In accordance with 49 U.S.C. 31315
and 31136(e), FMCSA requests public
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Federal Register / Vol. 81, No. 188 / Wednesday, September 28, 2016 / Notices
comment from all interested persons on
IITR’s application for an exemption
from 49 CFR 393.112. All comments
received before the close of business on
the comment closing date indicated at
the beginning of this notice will be
considered and will be available for
examination in the docket at the
location listed under the ADDRESSES
section of this notice. Comments
received after the comment closing date
will be filed in the public docket and
will be considered to the extent
practicable. In addition to late
comments, FMCSA will also continue to
file, in the public docket, relevant
information that becomes available after
the comment closing date. Interested
persons should continue to examine the
public docket for new material.
Issued on: September 15, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016–23358 Filed 9–27–16; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2015–0489]
Commercial Driver’s License
Standards: Application for Exemption;
State of Idaho, Idaho Transportation
Department (ITD)
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition;
denial of application for exemption.
AGENCY:
FMCSA announces that it has
denied an application for exemption
from the requirement that third-party
commercial driver’s license (CDL)
testers maintain a bond in an amount
determined by the State that employs
them. The bond is intended to be
sufficient to pay for re-testing drivers in
the event that the third party or its
examiners is involved in fraudulent
activities related to CDL skills testing.
The Division of Motor Vehicles, Idaho
Transportation Department (ITD)
submitted the application for
exemption. FMCSA published ITD’s
application, reviewed the public
comments received, and denied the
application because available
information did not allow the Agency to
conclude that the proposed exemption
would achieve a level of safety that is
equivalent to, or greater than, the level
of safety that would be obtained absent
the exemption.
mstockstill on DSK3G9T082PROD with NOTICES
SUMMARY:
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18:04 Sep 27, 2016
Jkt 238001
FMCSA denied the application
for exemption by letter dated August 8,
2016.
FOR FURTHER INFORMATION CONTACT: Mr.
Thomas Yager, Chief, FMCSA Driver
and Carrier Operations Division; Office
of Carrier, Driver and Vehicle Safety
Standards, FMCSA; Telephone: 614–
942–6477. Email: MCPSD@dot.gov.
SUPPLEMENTARY INFORMATION:
DATES:
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)).
ITD Application for Exemption
The Idaho Transportation Department
(ITD) is responsible for State
transportation infrastructure and
oversees the disbursement of Federal,
State, and grant funding for Idaho
transportation programs.
The ITD applied for an exemption
from the regulations in 49 CFR
383.75(a)(8)(v) that require third party
testers to initiate and maintain a bond
in an amount determined by the State to
be sufficient to pay for re-testing drivers
in the event that the third party or one
or more of its examiners is involved in
fraudulent activities related to
conducting skills testing of CDL
applicants. The ITD requested the
exemption because the regulation
creates a financial hardship for testing
examiners who must be bonded but
conduct only a few tests monthly. ITD
PO 00000
Frm 00111
Fmt 4703
Sfmt 9990
said that the State has had no instances
of fraud in its third-party testing
organizations.
Public Comments
On March 9, 2016, FMCSA published
in the Federal Register notice of the ITD
application and requested public
comment (81 FR 12443). The Agency
received three comments, all of which
opposed the exemption. One commenter
objected to all exemptions in general.
The Commercial Vehicle Training
Association stated that exempting Idaho
from the bond requirement is
unnecessary because the State has the
authority to determine what the amount
of these bonds should be. Therefore, if
Idaho determines that the current bond
requirement is too high, it can simply
reduce the requisite amount. The Surety
and Fidelity Association of America
listed various reasons why a surety
bond has value to the State and is in the
public interest.
No commenters supported the ITD
exemption request.
FMCSA Decision
The Agency’s decision is based upon
the information provided by the
applicants, and its review of comments
received in response to the Federal
Register notice. The Agency concluded
that the ITD application failed to
demonstrate how by eliminating the
requirement for third party testers to
initiate and maintain a bond would
achieve a level of safety equivalent to,
or greater than, the level that would be
achieved by the current regulation. The
Agency believes the regulation provides
the proper balance, protecting the
public interest while imposing only
minimal costs on small third-party
testers. The bond requirement is a
business standard that not only provides
a higher degree of assurance that the
CDL tests performed meet FMCSA and
State requirements, but that the tests are
also performed by qualified individuals
as agents of the State. ITD did not
provide any data, studies or research
supporting its request, or explain why a
reduced bond amount would not
achieve the same result as an
exemption. Therefore, the Agency
cannot determine that ITD’s proposed
exemption would meet the statutory
requirement to maintain the required
levels of safety. Accordingly, FMCSA
denied ITD’s application for exemption
by letter dated August 8, 2016.
Issued on: September 14, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016–23369 Filed 9–27–16; 8:45 am]
BILLING CODE 4910–EX–P
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]]>Agencies
[Federal Register Volume 81, Number 188 (Wednesday, September 28, 2016)]
[Notices]
[Pages 66728-66730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23358]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2016-0111]
Parts and Accessories Necessary for Safe Operation; Application
for an Exemption From the International Institute of Towing and
Recovery
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of application for exemption; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
requests public comment on an application for exemption from the
International Institute of Towing and Recovery (IITR) (on behalf of the
Towing and Recovery Association of America (TRAA) and the towing and
recovery industry) to allow commercial motor vehicle operators to
secure automobiles, light trucks, and vans using a total of four
tiedowns--two fixed and two adjustable--instead of using a minimum of
two tiedowns, both of which need to be adjustable. While the Federal
Motor Carrier Safety Regulations (FMCSRs) require each tiedown, or its
associated connectors or attachment mechanisms, to be adjustable, IITR
believes that the use of four tiedowns instead of the two that are
minimally required by the FMCSRs to secure automobiles, light trucks,
and vans will maintain a level of safety that is equivalent to, or
greater than, the level of safety achieved without the exemption even
though two of the four tiedowns are not adjustable. IITR is requesting
the temporary exemption in advance of petitioning FMCSA to conduct a
rulemaking to amend 49 CFR 393.112.
DATES: Comments must be received on or before October 28, 2016.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2016-0111 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,
[[Page 66729]]
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, 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: Mrs. Amina Fisher, Vehicle and
Roadside Operations Division, Office of Carrier, Driver, and Vehicle
Safety, MC-PSV, (202) 366-2782, 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)).
IITR's Application for Exemption
IITR has applied for an exemption from 49 CFR 393.112 to allow the
use of two non-adjustable tiedowns in addition to the two adjustable
tiedowns currently required. A copy of the application is included in
the docket referenced at the beginning of this notice.
Section 393.112 of the FMCSRs, ``Must a tiedown be adjustable?''
states ``Each tiedown, or its associated connectors, or its attachment
mechanisms must be designed, constructed, and maintained so the driver
of an in-transit commercial motor vehicle can tighten them.'' Section
393.128, ``What are the rules for securing automobiles, light trucks
and vans?'', states in paragraph (b)(1) that ``Automobiles, light
trucks, and vans must be restrained at both the front and rear to
prevent lateral, forward, rearward, and vertical movement using a
minimum of two tiedowns.''
In its application, IITR states:
The use of chains as a tiedown securement has been an industry
standard for many years. While there are other methods of securement
many operators believe that properly rated chains are the best
option for securement of heavy loads. A tiedown chain is secured to
the vehicle at one end of the load, adjusted for length and then
dropped into a keyhole slot. Then at the other end of the vehicle,
tiedowns are secured, and then the tension for the cargo securement
is adjusted by using a chain binder ratchet assembly. Tightening one
end of the assembly also tightens the other end.
As an example of current industry practice, once the disabled
vehicle has been winched forward onto the carrier bed a safety chain
is installed to prevent rollback. Two tiedown chains are then
attached to the rear of the disabled vehicle, dropped through two of
the keyhole slots at the rear of the carrier bed, and snugged up or
adjusted by using the winch to remove any slack in the chains. Then
two chains or straps are attached and ratcheted to secure the front
of the vehicle. Tightening the two front tiedowns subsequently
tighten the two rear tiedowns.
49 CFR 393.112 states that each tiedown, or its associated
connectors, or its attachment mechanisms must be designed,
constructed, and maintained so the driver of an in-transit
commercial motor vehicle can tighten them. Looking at the definition
of a tiedown and ``its associated connectors'' and the method by
which a disabled vehicle is secured to the carrier bed, each chain
or tiedown is completely adjustable. Specifically in the example
above, when a chain is dropped into a keyhole slot the length of the
chain is easily adjustable and the tension can be further adjusted
by either the winch, tilt of the bed, or a chain binder or ratchet
assembly--by tightening the front end of the tiedown assembly the
rear is also tightened.
As a further note, using only two chains as prescribed in
393.128, one at the front and one at the rear, may not meet the
cargo securement performance requirements of 0.8g as described in
393.102, particularly in hard stop or crash situations.
The towing and recovery industry faces the continuing challenge
of operating in the safest and most expeditious manner. Following
the current roadside enforcement interpretations of 393.112 and
393.128 and how they are being enforced will push tow operators into
using one chain on the front and one on the rear of the disabled
vehicle, which the industry considers to be a ``shortcut''. Using
only two chains in this manner could easily result in the disabled
vehicle moving on the bed, leading to possible loss of control of
the truck, leading to possible injuries and/or death.
The exemption would apply to all car carrier-type tow trucks. IITR
believes that using two non-adjustable tiedowns in addition to the two
adjustable tiedowns minimally required will maintain a level of safety
that is equivalent to, or greater than, the level of safety achieved
without the exemption.
Request for Comments
In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests
public
[[Page 66730]]
comment from all interested persons on IITR's application for an
exemption from 49 CFR 393.112. All comments received before the close
of business on the comment closing date indicated at the beginning of
this notice will be considered and will be available for examination in
the docket at the location listed under the ADDRESSES section of this
notice. Comments received after the comment closing date will be filed
in the public docket and will be considered to the extent practicable.
In addition to late comments, FMCSA will also continue to file, in the
public docket, relevant information that becomes available after the
comment closing date. Interested persons should continue to examine the
public docket for new material.
Issued on: September 15, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-23358 Filed 9-27-16; 8:45 am]
BILLING CODE 4910-EX-P
