Parts and Accessories Necessary for Safe Operation; Application for an Exemption From the International Institute of Towing and Recovery (IITR), 22372-22374 [2017-09738]
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Federal Register / Vol. 82, No. 92 / Monday, May 15, 2017 / Notices
your comments, please include a selfaddressed, stamped envelope or
postcard, or print the acknowledgement
page that appears after submitting
comments online.
FOR FURTHER INFORMATION CONTACT: Mr.
Thomas Yager, Chief, FMCSA Driver
and Carrier Operations Division; Office
of Carrier, Driver and Vehicle Safety
Standards; Telephone: 614–942–6477.
Email: MCPSD@dot.gov. If you have
questions on viewing or submitting
material to the docket, contact Docket
Services, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
jstallworth on DSK7TPTVN1PROD with NOTICES
I. Public Participation and Request for
Comments
FMCSA encourages you to participate
by submitting comments and related
materials.
Submitting Comments
If you submit a comment, please
include the docket number for this
notice (FMCSA–2012–0032), indicate
the specific section of this document to
which the comment applies, and
provide a reason for suggestions or
recommendations. You may submit
your comments and material online or
by fax, mail, or hand delivery, but
please use only one of these means.
FMCSA recommends that you include
your name and a mailing address, an
email address, or a phone number in the
body of your document so the Agency
can contact you if it has questions
regarding your submission.
To submit your comment online, go to
www.regulations.gov and put the docket
number, ‘‘FMCSA–2012–0032’’ in the
‘‘Keyword’’ box, and click ‘‘Search.’’
When the new screen appears, click on
‘‘Comment Now!’’ button and type your
comment into the text box in the
following screen. Choose whether you
are submitting your comment as an
individual or on behalf of a third party
and then submit. If you submit your
comments by mail or hand delivery,
submit them in an unbound format, no
larger than 81⁄2 by 11 inches, suitable for
copying and electronic filing. If you
submit comments by mail and would
like to know that they reached the
facility, please enclose a stamped, selfaddressed postcard or envelope. FMCSA
will consider all comments and material
received during the comment period
and may grant or not grant this
application based on your comments.
II. Legal Basis
FMCSA has authority under 49 U.S.C.
31136(e) and 31315 to grant exemptions
from the Federal Motor Carrier Safety
Regulations. FMCSA must publish a
notice of each exemption request in the
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13:51 May 12, 2017
Jkt 241001
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 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)) with the reason for the
grant or denial, and, if granted, the
specific person or class of persons
receiving the exemption, and the
regulatory provision or provisions from
which exemption is granted. The notice
must also 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 381.300(b)).
III. Daimler Application for Exemption
Renewal
Daimler has applied for a renewal of
an exemption for one of its engineers
from 49 CFR 383.23, which prescribes
licensing requirements for drivers
operating CMVs in interstate or
intrastate commerce. This driver, Sven
Ennerst, holds a valid German
commercial license but is unable to
obtain a CDL in any of the U.S. States
due to residency requirements. A copy
of the request for renewal, dated
February 15, 2017, is in the docket
identified at the beginning of this
notice.
FMCSA granted a renewal of an
exemption to Mr. Ennerst on July 22,
2015 (80 FR 45576). This exemption
was effective July 22, 2015, and expires
July 22, 2017. Detailed information
about the qualifications and experience
of Mr. Ennerst was provided by Daimler
in its original application, a copy of
which is in the docket referenced above.
Renewal of the exemption will enable
Mr. Ennerst to operate CMVs in
interstate or intrastate commerce to
support Daimler field tests designed to
meet future vehicle safety and
environmental requirements and to
develop improved safety and emission
technologies. According to Daimler, Mr.
Ennerst will typically drive for no more
than 6 hours per day for 2 consecutive
days, and 10 percent of the test driving
will be on two-lane State highways,
while 90 percent will be on interstate
highways. The driving will consist of no
more than 200 miles per day, for a total
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of 400 miles during a two-day period on
a quarterly basis. He will in all cases be
accompanied by a holder of a U.S. CDL
who is familiar with the routes to be
traveled. Daimler requests that the
exemption cover the maximum
allowable duration of 5 years.
Daimler has explained in prior
exemption requests that the German
knowledge and skills tests and training
program ensure that Daimler’s drivers
operating under the exemption will
achieve a level of safety that is
equivalent to, or greater than, the level
of safety obtained by complying with
the U.S. requirement for a CDL.
IV. Method To Ensure an Equivalent or
Greater Level of Safety
FMCSA has previously determined
that the process for obtaining a German
commercial license is comparable to, or
as effective as, the requirements of part
383, and adequately assesses the
driver’s ability to operate CMVs in the
U.S. Since 2012, FMCSA has granted
Daimler drivers similar exemptions
[May 25, 2012 (77 FR 31422); July 22,
2014 (79 FR 42626); March 27, 2015 (80
FR 16511); October 5, 2015 (80 FR
60220); July 12, 2016 (81 FR 45217);
July 25, 2016 (81 FR 48496)].
Issued on: May 8, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017–09736 Filed 5–12–17; 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 (IITR)
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition
AGENCY:
The Federal Motor Carrier
Safety Administration (FMCSA)
announces its decision to grant the
International Institute of Towing and
Recovery’s (IITR’s) application for a
limited 5-year exemption to allow
commercial motor vehicle (CMV)
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
SUMMARY:
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Federal Register / Vol. 82, No. 92 / Monday, May 15, 2017 / Notices
connectors or its attachment
mechanisms to be adjustable, the
Agency has determined that the use of
four tiedowns to secure light vehicles,
only two of which are adjustable, will
(1) prevent lateral, forward, rearward,
and vertical movement of the load when
in transit, and (2) provide a level of
safety that is equivalent to, or greater
than, the level of safety provided by the
regulation.
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:
jstallworth on DSK7TPTVN1PROD with NOTICES
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 applied for an exemption from
49 CFR 393.112 to allow CMV operators
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13:51 May 12, 2017
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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 are required to be adjustable.
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. However, this
requirement does not apply to the use
of steel strapping.’’
Section 393.128 of the FMCSRs,
‘‘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 that the
towing industry has adopted a
securement method for light vehicles
whereby two non-adjustable tiedowns
are attached to the rear of disabled
vehicle, and then ‘‘snugged up or
adjusted by using the winch to remove
any slack in the chains.’’ Two adjustable
chains are used to secure the front of the
disabled vehicle to the transport
vehicle, and ‘‘as the front binder or
ratchet is tightened up, it not only
tightens up the front tiedown chain but
the rear tiedown chain as well.’’ IITR
states that this securement system will
prevent any lateral, forward, rearward,
and vertical movement of the disabled
vehicle, and that the four-point tiedown
system exceeds the minimum tiedown
requirements specified in the FMCSRs.
Additional information is provided in
the IITR application included in the
docket referenced at the beginning of
this notice.
Public Comments
On September 28, 2016, FMCSA
published notice of the IITR application
and requested public comment (81 FR
66728). The Agency received six
comments, all in support of IITR’s
application. All commenters believe
that the use of a four-tiedown system
provides greater assurance that the
transported vehicle will be properly
secured to prevent lateral, forward,
rearward, and vertical movement when
compared to the minimally required two
tiedowns permitted by the regulations.
Mr. Peter O’Connell, commenting on
behalf of the Towing and Recovery
Association of America, the Conference
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22373
of North-Eastern Towing Associations,
and the Empire State Towing and
Recovery Association, stated that ‘‘A
non-adjustable chain is also stronger
than one with a ratcheting device,
which is the weakest point of the
securement—a factor to be considered
in a head on collision with a heavy
vehicle, such as a small truck or SUV on
board.’’
Discussion
The FMCSRs, as currently written, do
not prohibit the use of a four-tiedown
system to restrain automobiles, light
trucks and vans. Instead, the regulations
require a minimum of two tiedowns,
both of which must be adjustable.
However, the Agency agrees with the
commenters that the use of a four-point
tiedown system consisting of two fixed
tiedowns and two adjustable tiedowns
will provide a level of safety that is
equivalent to or greater than a system
that uses two adjustable tiedowns. In
the configuration described in the
application, tensioning of the adjustable
tiedowns on one end of the load via
binders, ratchets, a winch, or the tilt of
the vehicle bed will in turn provide a
controlled tensioning of the other, fixed
tiedowns. The use of four tiedowns in
this manner will provide restraint of the
transported vehicle in the lateral,
longitudinal, and vertical direction as
required by section 393.128(b)(1) of the
FMCSRs. In addition, FMCSA notes that
the use of a four-tiedown system
wherein all four tiedowns are adjustable
(as opposed to just two as suggested in
the IITR exemption application) will
provide proper securement.
FMCSA notes that in addition to the
cargo securement requirements of part
393, section 392.9(b)(2) of the FMCSRs
requires every driver to inspect the
cargo and the devices used to secure the
cargo within the first 50 miles after
beginning a trip and make adjustments
to the cargo or load securement devices
as necessary—including adding more
securement devices—to ensure that the
cargo cannot shift on or within or fall
from the CMV. Further, section
392.9(b)(3) of the FMCSRs requires
every driver to reexamine the cargo and
its load securement devices during the
course of transportation and make any
necessary adjustment whenever (1) the
driver makes a change of duty status, (2)
the CMV has been driven for 3 hours,
or (3) the CMV has been driven for 150
miles, whichever occurs first.
FMCSA Decision
FMCSA has evaluated the comments
received in support of IITR’s
application. The Agency agrees that
allowing the use of four tiedowns, at
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Federal Register / Vol. 82, No. 92 / Monday, May 15, 2017 / Notices
least two of which are adjustable, to
secure automobiles, light trucks and
vans will prevent against lateral,
forward, rearward, and vertical motion
as required in 49 CFR 393.128. The
Agency believes that this configuration
will maintain 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
The Agency hereby grants the
exemption for a 5-year period,
beginning May 15, 2017 and ending
May 16, 2022. During the temporary
exemption period, motor carriers will be
allowed to use a four-tiedown system, at
least two of which must be adjustable,
to secure automobiles, light trucks and
vans under 49 CFR 393.128. The
exemption will be valid for 5 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 who use two nonadjustable tiedowns in addition to the
two required adjustable tiedowns 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
311315(b), will take immediate steps to
revoke the exemption.
jstallworth on DSK7TPTVN1PROD with NOTICES
Preemption
In accordance with 49 U.S.C.
31313(d), as implemented by 49 CFR
381.600, during the period this
exemption is in effect, no State shall
enforce any law or regulation applicable
to interstate commerce that conflicts
with or is inconsistent with this
exemption with respect to a firm or
person operating under the exemption.
States may, but are not required to,
adopt the same exemption with respect
to operations in intrastate commerce.
Issued on: May 8, 2017.
Daphne Y. Jefferson,
Deputy Administrator.
[FR Doc. 2017–09738 Filed 5–12–17; 8:45 am]
BILLING CODE 4910–EX–P
VerDate Sep<11>2014
13:51 May 12, 2017
Jkt 241001
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2002–12432; FMCSA–
2002–12844; FMCSA–2004–19477; FMCSA–
2005–23238; FMCSA–2006–26066; FMCSA–
2008–0106; FMCSA–2008–0266; FMCSA–
2008–0340; FMCSA–2009–0291; FMCSA–
2009–0321; FMCSA–2010–0114; FMCSA–
2010–0187; FMCSA–2010–0201; FMCSA–
2010–0354; FMCSA–2010–0385; FMCSA–
2012–0040; FMCSA–2012–0104; FMCSA–
2012–0159; FMCSA–2012–0214; FMCSA–
2012–0337; FMCSA–2012–0338; FMCSA–
2012–0339; FMCSA–2014–0004; FMCSA–
2014–0006; FMCSA–2014–0007; FMCSA–
2014–0296; FMCSA–2014–0298; FMCSA–
2014–0299; FMCSA–2014–0300]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
FMCSA announces its
decision to renew exemptions for 81
individuals from the vision requirement
in the Federal Motor Carrier Safety
Regulations (FMCSRs) for interstate
commercial motor vehicle (CMV)
drivers. The exemptions enable these
individuals to continue to operate CMVs
in interstate commerce without meeting
the vision requirement in one eye.
DATES: Each group of renewed
exemptions was effective on the dates
stated in the discussions below and will
expire on the dates stated in the
discussions below.
FOR FURTHER INFORMATION CONTACT: Ms.
Christine A. Hydock, Chief, Medical
Programs Division, 202–366–4001,
fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200
New Jersey Avenue SE., Room W64–
224, Washington, DC 20590–0001.
Office hours are from 8:30 a.m. to 5
p.m., e.t., Monday through Friday,
except Federal holidays. If you have
questions regarding viewing or
submitting material to the docket,
contact Docket Services, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Electronic Access
You may see all the comments online
through the Federal Document
Management System (FDMS) at: https://
www.regulations.gov.
Docket: For access to the docket to
read background documents or
comments, go to http//
www.regulations.gov and/or Room
W12–140 on the ground level of the
West Building, 1200 New Jersey Avenue
SE., Washington, DC, between 9 a.m.
PO 00000
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Fmt 4703
Sfmt 4703
and 5 p.m., e.t., 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 https://www.regulations.gov,
as described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at https://www.dot.gov/
privacy.
II. Background
On March 8, 2017, FMCSA published
a notice announcing its decision to
renew exemptions for 81 individuals
from the vision requirement in 49 CFR
391.41(b)(10) to operate a CMV in
interstate commerce and requested
comments from the public (82 FR
13048). The public comment period
ended on April 7, 2017, and no
comments were received.
As stated in the previous notice,
FMCSA has evaluated the eligibility of
these applicants and determined that
renewing these exemptions would
achieve a level of safety equivalent to or
greater than the level that would be
achieved by complying with the current
regulation 49 CFR 391.41(b)(10).
The physical qualification standard
for drivers regarding vision found in 49
CFR 391.41(b)(10) states that a person is
physically qualified to driver a CMV if
that person:
Has distant visual acuity of at least 20/40
(Snellen) in each eye without corrective
lenses or visual acuity separately corrected to
20/40 (Snellen) or better with corrective
lenses, distant binocular acuity of a least 20/
40 (Snellen) in both eyes with or without
corrective lenses, field of vision of at least
70° in the horizontal meridian in each eye,
and the ability to recognize the colors of
traffic signals and devices showing red,
green, and amber.
III. Discussion of Comments
FMCSA received no comments in this
preceding.
VI. Conclusion
As of February 5, 2017, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 26 individuals
have satisfied the conditions for
obtaining a renewed exemption from the
vision requirements (71 FR 5105; 71 FR
19600; 73 FR 11989; 73 FR 35194; 73 FR
35197; 73 FR 48273; 73 FR 48275; 73 FR
75803; 74 FR 6209; 74 FR 65842; 75 FR
9478; 75 FR 13653; 75 FR 44050; 75 FR
52062; 75 FR 54958; 75 FR 70078; 76 FR
4413; 76 FR 46793; 76 FR 59245; 77 FR
7234; 77 FR 17107; 77 FR 27847; 77 FR
36336; 77 FR 38386; 77 FR 46795; 77 FR
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]]>Agencies
[Federal Register Volume 82, Number 92 (Monday, May 15, 2017)]
[Notices]
[Pages 22372-22374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09738]
-----------------------------------------------------------------------
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 (IITR)
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition
-----------------------------------------------------------------------
SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
announces its decision to grant the International Institute of Towing
and Recovery's (IITR's) application for a limited 5-year exemption to
allow commercial motor vehicle (CMV) 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
[[Page 22373]]
connectors or its attachment mechanisms to be adjustable, the Agency
has determined that the use of four tiedowns to secure light vehicles,
only two of which are adjustable, will (1) prevent lateral, forward,
rearward, and vertical movement of the load when in transit, and (2)
provide a level of safety that is equivalent to, or greater than, the
level of safety provided by the regulation.
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 applied for an exemption from 49 CFR 393.112 to allow CMV
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 are required to be adjustable. 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. However,
this requirement does not apply to the use of steel strapping.''
Section 393.128 of the FMCSRs, ``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 that the towing industry has
adopted a securement method for light vehicles whereby two non-
adjustable tiedowns are attached to the rear of disabled vehicle, and
then ``snugged up or adjusted by using the winch to remove any slack in
the chains.'' Two adjustable chains are used to secure the front of the
disabled vehicle to the transport vehicle, and ``as the front binder or
ratchet is tightened up, it not only tightens up the front tiedown
chain but the rear tiedown chain as well.'' IITR states that this
securement system will prevent any lateral, forward, rearward, and
vertical movement of the disabled vehicle, and that the four-point
tiedown system exceeds the minimum tiedown requirements specified in
the FMCSRs. Additional information is provided in the IITR application
included in the docket referenced at the beginning of this notice.
Public Comments
On September 28, 2016, FMCSA published notice of the IITR
application and requested public comment (81 FR 66728). The Agency
received six comments, all in support of IITR's application. All
commenters believe that the use of a four-tiedown system provides
greater assurance that the transported vehicle will be properly secured
to prevent lateral, forward, rearward, and vertical movement when
compared to the minimally required two tiedowns permitted by the
regulations. Mr. Peter O'Connell, commenting on behalf of the Towing
and Recovery Association of America, the Conference of North-Eastern
Towing Associations, and the Empire State Towing and Recovery
Association, stated that ``A non-adjustable chain is also stronger than
one with a ratcheting device, which is the weakest point of the
securement--a factor to be considered in a head on collision with a
heavy vehicle, such as a small truck or SUV on board.''
Discussion
The FMCSRs, as currently written, do not prohibit the use of a
four-tiedown system to restrain automobiles, light trucks and vans.
Instead, the regulations require a minimum of two tiedowns, both of
which must be adjustable. However, the Agency agrees with the
commenters that the use of a four-point tiedown system consisting of
two fixed tiedowns and two adjustable tiedowns will provide a level of
safety that is equivalent to or greater than a system that uses two
adjustable tiedowns. In the configuration described in the application,
tensioning of the adjustable tiedowns on one end of the load via
binders, ratchets, a winch, or the tilt of the vehicle bed will in turn
provide a controlled tensioning of the other, fixed tiedowns. The use
of four tiedowns in this manner will provide restraint of the
transported vehicle in the lateral, longitudinal, and vertical
direction as required by section 393.128(b)(1) of the FMCSRs. In
addition, FMCSA notes that the use of a four-tiedown system wherein all
four tiedowns are adjustable (as opposed to just two as suggested in
the IITR exemption application) will provide proper securement.
FMCSA notes that in addition to the cargo securement requirements
of part 393, section 392.9(b)(2) of the FMCSRs requires every driver to
inspect the cargo and the devices used to secure the cargo within the
first 50 miles after beginning a trip and make adjustments to the cargo
or load securement devices as necessary--including adding more
securement devices--to ensure that the cargo cannot shift on or within
or fall from the CMV. Further, section 392.9(b)(3) of the FMCSRs
requires every driver to reexamine the cargo and its load securement
devices during the course of transportation and make any necessary
adjustment whenever (1) the driver makes a change of duty status, (2)
the CMV has been driven for 3 hours, or (3) the CMV has been driven for
150 miles, whichever occurs first.
FMCSA Decision
FMCSA has evaluated the comments received in support of IITR's
application. The Agency agrees that allowing the use of four tiedowns,
at
[[Page 22374]]
least two of which are adjustable, to secure automobiles, light trucks
and vans will prevent against lateral, forward, rearward, and vertical
motion as required in 49 CFR 393.128. The Agency believes that this
configuration will maintain 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
The Agency hereby grants the exemption for a 5-year period,
beginning May 15, 2017 and ending May 16, 2022. During the temporary
exemption period, motor carriers will be allowed to use a four-tiedown
system, at least two of which must be adjustable, to secure
automobiles, light trucks and vans under 49 CFR 393.128. The exemption
will be valid for 5 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 who use two non-adjustable tiedowns in addition to
the two required adjustable tiedowns 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 311315(b), will take immediate steps to revoke the
exemption.
Preemption
In accordance with 49 U.S.C. 31313(d), as implemented by 49 CFR
381.600, during the period this exemption is in effect, no State shall
enforce any law or regulation applicable to interstate commerce that
conflicts with or is inconsistent with this exemption with respect to a
firm or person operating under the exemption. States may, but are not
required to, adopt the same exemption with respect to operations in
intrastate commerce.
Issued on: May 8, 2017.
Daphne Y. Jefferson,
Deputy Administrator.
[FR Doc. 2017-09738 Filed 5-12-17; 8:45 am]
BILLING CODE 4910-EX-P
