Parts and Accessories Necessary for Safe Operation, Lamps and Reflective Devices; Application for an Exemption From STEMCO LP, 6718-6722 [2018-03033]
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Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices
this notice. We will consider all
comments received before the close of
business on the closing date indicated
in the dates section of the notice.
DEPARTMENT OF TRANSPORTATION
IV. Submitting Comments
[Docket No. FMCSA–2016–0167]
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 that FMCSA can contact you if there
are questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov and in the
search box insert the docket number
FMCSA–2017–0254 and click the search
button. When the new screen appears,
click on the blue ‘‘Comment Now!’’
button on the right hand side of the
page. On the new page, enter
information required including the
specific section of this document to
which each comment applies, and
provide a reason for each suggestion or
recommendation. 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.
We will consider all comments and
materials received during the comment
period. FMCSA may issue a final
determination at any time after the close
of the comment period.
Parts and Accessories Necessary for
Safe Operation, Lamps and Reflective
Devices; Application for an Exemption
From STEMCO LP
Federal Motor Carrier Safety
Administration
V. Viewing Comments and Documents
To view comments, as well as any
documents mentioned in this preamble,
go to https://www.regulations.gov and in
the search box insert the docket number
FMCSA–2017–0254 and click ‘‘Search.’’
Next, click ‘‘Open Docket Folder’’ and
you will find all documents and
comments related to this notice.
Issued on: February 7, 2018.
Larry W. Minor,
Associate Administrator for Policy.
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[FR Doc. 2018–03065 Filed 2–13–18; 8:45 am]
BILLING CODE 4910–EX–P
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition; grant
of application for exemption.
AGENCY:
The Federal Motor Carrier
Safety Administration (FMCSA)
announces its decision to grant
STEMCO LP’s (STEMCO) application
for a limited 5-year exemption to allow
motor carriers to operate certain
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. The Agency has determined that
locating the rear identification lamps
and rear clearance lamps lower on the
trailers and semitrailers, mounted at the
same level as the stop lamps, tail lamps,
and turn signals will maintain a level of
safety that is equivalent to, or greater
than, the level of safety achieved
without the exemption.
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:
SUMMARY:
Background
Pursuant to 49 CFR part 381, FMCSA
has authority to grant exemptions from
certain Federal Motor Carrier Safety
Regulations (FMCSRs). FMCSA must
publish a notice of each exemption
request in the Federal Register (49 CFR
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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(a)).
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
terms and conditions of the exemption,
as well as its effective period (up to 5
years). 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
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.
Table 1 of section 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.
In February 2015, STEMCO
purchased ATDynamics and its
TrailerTail® product line, a collapsible
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boat tail technology that improves the
rear aerodynamic shape of CMV trailers.
In its application, STEMCO states that
motor carriers are evaluating the
TrailerTail® rear aerodynamic device to
help meet (1) proposed standards from
the U.S. Environmental Protection
Agency (EPA) and the Department of
Transportation’s National Highway
Traffic Safety Administration (NHTSA)
that would establish the next phase of
greenhouse gas (GHG) emissions and
fuel efficiency standards for mediumand heavy duty vehicles,1 2 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
identification and clearance lamps.
However, STEMCO states:
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This inset creates an unaerodynamic 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
1 On October 25, 2016, EPA and NHTSA jointly
published a final rule establishing rules for a
comprehensive Phase 2 Heavy-Duty (HD) National
Program that will reduce greenhouse gas (GHG)
emissions and fuel consumption from new on-road
medium- and heavy-duty vehicles and engines,
helping to address the challenges of global climate
change and energy security (81 FR 73478).
NHTSA’s fuel consumption standards and EPA’s
carbon dioxide (CO2) emission standards are
tailored to each of four regulatory categories of
heavy-duty vehicles: Combination tractors; trailers
used in combination with those tractors; heavy-duty
pickup trucks and vans; and vocational vehicles.
The rule also includes separate standards for the
engines that power combination tractors and
vocational vehicles.
2 In response to letters submitted by the Truck
Trailer Manufacturers Association seeking
reconsideration of the October 2016 final rule, both
EPA and NHTSA decided on August 17, 2017 to
conduct additional rulemaking on the issues of
GHG emissions and fuel efficiency standards for
medium- and heavy-duty vehicles.
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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
be necessary in order to meet future fuel
efficiency requirements.
Comments
On June 10, 2016, FMCSA published
a notice of the STEMCO application and
asked for public comment (81 FR
37662). The Agency received comments
from the American Trucking
Associations (ATA), the Transportation
Safety Equipment Institute (TSEI), and
Wabash National Corporation (Wabash).
ATA supported STEMCO’s
application, stating:
Efficiency-improving technologies include
tractor aerodynamics, fuel-efficient tires, idle
reduction equipment, speed governors, use of
lighter weight equipment and aerodynamic
trailer skirts and tails. ATA supports efforts
to improve fuel efficiency and actions to
improve coordination between federal
agencies to advance fuel efficiency in the
trucking industry . . .
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According to the U.S. Environmental
Protection Agency’s SmartWay program
trailer tails can improve heavy truck fuel
efficiency by five percent. STEMCO’s wind
tunnel testing suggests that an additional
0.14 percent improvement can be achieved if
its trailer tail is mounted flush with the top
of the trailer. In order to verify this finding,
STEMCO should be allowed to test the
device in an actual on-road environment
with a fleet of heavy trucks.
As FMCSA is aware, there are many trailer
types throughout the motor carrier industry.
Some trailers, like flatbeds and intermodal
chassis, are required to have lighting systems
on the rear frame of the trailer to comply
with FMVSS 108 and 49 CFR 393.11. And,
since these trailer types have no upper frame
or doors at the rear of the trailer, it is not
possible for them to have marker or
identification lamps similar to those required
on van trailers. Unless the FMCSA has
research and data showing the marker and
identification lights on a van trailer improve
safety over and above the light configuration
on flatbed trailers and/or intermodal chassis,
etc., the agency should grant the exemption
for evaluation purposes.
TSEI and Wabash both expressed
concerns that allowing the identification
and clearance lamps to be mounted
lower than currently required, on the
same horizontal plane with the stop,
turn, and tail lamps, may not maintain
a level of safety that is equivalent to or
greater than the level of safety without
the exemption because other motorists
might not be able to adequately
distinguish large trucks and trailers
from other passenger other vehicles.
TSEI stated:
STEMCO’s application does not appear to
take into account the important role signal
lighting plays in vehicle conspicuity. The
signal lighting on heavy duty vehicles does
more than provide ‘‘intention’’ (e.g., stop or
turn) signals; it also provides conspicuity
(e.g., conspicuity triangle created between
the identification lamp cluster and the stop/
tail/turn lamps. The Agency should be
cautious about infringing upon the
longstanding relationship between the signal
and conspicuity aspects of heavy duty
lighting in the absence of supporting data
concerning the effects on trailer conspicuity.
TSEI acknowledges that many vehicles
utilize low mounting positions due to the
construction of the vehicle. Presumably, the
practicability language in FMCSR and
FMVSS accounts for differences in mounting
positions. As NHTSA has explained, ‘‘[s]ince
the various types of trailers differ from one
another in their configuration, NHTSA
believes that the method of compliance that
may be appropriate for one type may not be
for another. For example, van-type trailers
have distinct rectangular side and rear
perimeters to which conspicuity enhancing
materials could be easily applied, while tanktype, platform trailers, or others do not.’’ 56
FR 63475 (Dec. 4, 1991) (Notice of proposed
rulemaking regarding increasing conspicuity
of trailers which have an overall width of 80
inches or more to enhance the likelihood of
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their detection at night and conditions of
reduced visibility).
But acknowledging these differences does
not demonstrate that lowering the mounting
position to accommodate an aerodynamic
device would not adversely affect safety.
Because STEMCO has not provided any data
on the safety impact of lowering the height
of rear identification lamps and rear
clearance lamps, STEMCO has not provided
a basis for evaluating their statement that the
lower placement will not adversely affect
safety, particularly with respect to the
trailers’ conspicuity.
Similarly, Wabash stated:
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The ability of motorists to distinguish large
trucks and trailers from passenger vehicles is
an essential component of crash avoidance
because of size, maneuvering, and the speed
differences between the two types of
vehicles. High mounted identification lamps
uniquely identify large trucks and wide
trailers and do so with the longest possible
sight preview of the lamps. Clearance lamps
show the overall width of the vehicle to alert
drivers of its large size. NHTSA has already
concluded that, if rear identification lamps
were lowered, the purpose of uniquely
identifying large vehicles with the longest
possible sight preview of the lamps would be
compromised. As the mounting height of
identification lamps is lowered, the time that
nearby drivers have to identify the vehicle as
a large truck, including drivers not located
immediately behind the truck, is reduced and
is contrary to the safety objective of the
mounting height requirement.
NHTSA’s conclusions regarding the safety
implications of unnecessarily lowering the
mounting height for rear identification lamps
and rear clearance lamps are supported by a
recent FMCSA sponsored study which
observed that, with respect to large vehicles,
‘‘[p]assive crash avoidance can be
accomplished by the conspicuity of the
vehicle, that is, the extent to which the
vehicle is readily perceived by other road
users. In terms of the physical and
mechanical systems of the vehicle,
conspicuity is primarily accomplished
through the light system on the vehicle. The
light system includes tail and top lamps,
marker and identification lamps, as well as
the reflective tape systems on trailers.
TSEI noted that if the exemption is
granted, vehicle and trailer
manufacturers would still be required to
comply with the requirements of
FMVSS No. 108 (install the
identification and clearance lamps as
high as practicable), and repair
businesses would not be permitted to
move the lamps to a lower position
because Title 49, U.S. Code 30122(b) of
the Motor Vehicle Safety Act ‘‘prohibits
a manufacturer, distributor, dealer, or
motor vehicle repair business from
knowingly making inoperative any part
of a device or element of design
installed on or in a motor vehicle in
compliance with an applicable motor
vehicle safety standard.’’ Because of the
above, TSEI expressed concerns that
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some fleets and small-scale operators
my not have the technical expertise to
change the positioning of the
identification and clearance lamps to a
lower position.
TSEI also noted that S6.2.2 of FMVSS
No. 108 states ‘‘If any required lamp or
reflective device is obstructed by motor
vehicle equipment (e.g., mirrors, snow
plows, wrecker booms, backhoes,
winches, etc.) including dealer installed
equipment, and cannot meet the
applicable photometry and visibility
requirements, the vehicle must be
equipped with an additional lamp or
device of the same type which meet all
applicable requirements of this
standard, including photometry and
visibility.’’ TSEI stated ‘‘STEMCO could
equip vehicles with additional lamps or
devices that meet FMVSS 108 to
accommodate for the lamps that would
be obstructed by the aerodynamic
device. Such an approach would not
require an exemption.’’
Wabash stated that it is possible—and
practicable—to attach an aerodynamic
tail device to the rear top sill of a trailer
without blocking rear identification
lamps and rear clearance lamps while
still meeting the new GHG regulations.
Wabash stated:
Wabash’s innovative aerodynamic tail
devices—which are known as the AeroFinTM
and AeroFinTM XL—can be attached to the
rear top sill of the trailer without blocking
the rear identification lamps and rear
clearance lamps. Further, STEMCO’s
argument that the exemption is needed to
meet the current requirements of the
California Air Resource Board (CARB)
Tractor-trailer Greenhouse Gas regulations
and proposed Greenhouse Gas Phase 2
regulations is unpersuasive. By using the
AeroFinTM in combination with certain of its
trailer aerodynamic technologies, Wabash
has achieved improvement of 9% or greater
in fuel economy. In addition, the AeroFinTM
XL is CARB compliant. Again, technological
advancements have made it possible for
manufacturers to meet the safety objectives of
FMVSS 108 without compromising other
performance related considerations.
FMCSA Analysis
FMCSA agrees that it is important for
motorists to be able to readily
distinguish large trucks and trailers
from other passenger vehicles. FMVSS
No. 108 and section 393.11 of the
FMCSRs ensure this by requiring large
vehicles to be equipped with a
combination of lights, reflectors, and
conspicuity treatments that help
indicate the overall height, width, and
length of these vehicles. Specifically, all
CMVs manufactured on or after
December 25, 1968, must, at a
minimum, meet the applicable
requirements of FMVSS No. 108 in
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effect at the time of manufacture of the
vehicle. The purpose of FMVSS No. 108
is to reduce crashes and deaths and
injuries from crashes, by providing
adequate illumination of the roadway,
and by enhancing the conspicuity of
motor vehicles on the public roads so
that their presence is perceived and
their signals understood, both in
daylight and in darkness or other
conditions of reduced visibility. FMVSS
No. 108 specifies requirements for
original and replacement lamps,
reflective devices, and associated
equipment. The standard applies to
passenger cars, multipurpose passenger
vehicles, trucks, buses, trailers, and
motorcycles.
Specifically with respect to clearance
lamps and identification lamps, all (1)
trucks and buses 80 inches or more in
width, (2) semitrailers and full trailers
80 inches or more in width (except
converter dollies), and (3) pole trailers
must be equipped with:
• Two red clearance lamps, one on
each side of the vertical centerline of the
vehicle, mounted as high as practicable
to indicate the overall width of the
vehicle; and
• A group of three red identification
lights on the rear of the vehicle,
mounted as close as practicable to the
top of the vehicle. One lamp is required
to be mounted as close as practicable to
the vertical centerline of the vehicle,
and one on each side with lamp centers
spaced not less than 6 inches or more
than 12 inches apart.
The grouping of three identification
lamps on the top rear of large vehicles
is intended to uniquely identify large
vehicles with the longest sight preview
possible. On February 5, 2003, NHTSA
denied a petition for rulemaking from
Sierra Products, Inc. (Sierra), which—
among other things—requested that
NHTSA amend FMVSS No. 108 to
require the identification lights to be
mounted at eye height on heavy trucks
(68 FR 5863). In denying Sierra’s
petition, NHTSA stated ‘‘As the
mounting height of identification lamps
is lowered, the time that nearby drivers
will have to identify the vehicle, as a
heavy truck will lessen. This is contrary
to the intent of the requirement. On the
other hand, the mounting height of
identification lamps has been long
established to be ‘as high as practicable.’
This is to make nearby drivers aware of
the vehicle’s size. If these lamps were
lowered to eye level, approaching
drivers may not be able to distinguish
large commercial vehicles from
passenger vehicles.’’ [Emphasis added.]
Notwithstanding the above, FMCSA
notes that the three identification lamps
are not the only means by which drivers
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are ‘‘able to distinguish large
commercial vehicles from passenger
vehicles,’’ as stated in NHTSA’s denial
of the petition from Sierra. While
FMCSA agrees that mounting
identification lamps ‘‘as high as
practicable’’ provides approaching
motorists maximum time to identify a
CMV, and that lowering the mounting
location of the identification lamps
reduces that time, FMVSS No. 108 (and,
by incorporation, section 393.11 of the
FMCSRs) also requires the rear of all
trailers and semitrailers to be equipped
with conspicuity materials (a strip of
alternating red and white retroreflective
sheeting or reflex reflectors) installed
across both:
(1) The full width of the trailer, as
close to the extreme edges as
practicable, and as close to practicable
to not less than 375 mm (14.77 in) and
not more than 1525 mm (60.05 in) above
the road surface at the centerline with
the trailer at curb weight, and
(2) The full width of the horizontal
member of the rear underride protection
device required by FMVSS No. 224,
‘‘Rear impact protection.’’ The
horizontal member is required to extend
to within 100 mm (4 in) of the side
extremity of the vehicle, and be located
not more than 560 mm (20.05 in) above
the ground at any point.
The presence of these two separate
conspicuity treatments on the rear of all
trailers and semitrailers, consisting of
alternating red and white retroreflective
material or reflex reflectors, serves as a
clear indication to the motoring public
that the vehicle is a large commercial
vehicle as opposed to a passenger car.
While these conspicuity treatments are
not located at or near the very top of the
trailer or semitrailer, FMCSA believes
that they provide a very distinctive
visual pattern on the rear of trailers and
semitrailers that easily enables motorists
to be aware that they are approaching a
large vehicle.3
It is important to note that STEMCO
is proposing that the required clearance
and identification lights be relocated
lower on vehicles using the
aerodynamic devices, and is not simply
requesting an exception to the
regulation because the required lights
are obscured by the device. FMCSA
believes that relocating the lamps to a
lower position is an acceptable
approach and ensures an equivalent
level of safety for two separate reasons.
First, and as STEMCO notes in its
application, FMVSS No. 108 and section
3 FMCSA also notes that, per STEMCO’s product
literature, each side component of its aerodynamic
device has red and white conspicuity tape applied
to the outward face of the device, further enhancing
the visibility of the vehicle.
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393.11 of the FMCSRs permit the
clearance and identification lamps to be
mounted lower on flatbed trailers and
intermodal chassis simply because there
is no other position to mount the lamps
due to the vehicle designs. FMCSA does
not believe that locating the clearance
and identification lamps in the same
manner on trailers and semitrailers
using STEMCO’s aerodynamic devices
will pose an unreasonable risk,
especially given the conspicuity
requirements discussed above. Second,
and as noted by TSEI in its comments,
S6.2.2 of FMVSS No. 108 directly
addresses vehicle designs whereby
required lamps or reflective devices are
obscured by motor vehicle equipment
such as ‘‘mirrors, snow plows, wrecker
booms, backhoes, winches,’’ which
would also include STEMCO’s
aerodynamic devices. In these instances,
S6.2.2 of FMVSS No. 108 requires the
vehicle to ‘‘be equipped with an
additional lamp or device of the same
type which meet all applicable
requirements of this standard, including
photometry and visibility.’’ This is
exactly what STEMCO is proposing to
do—to install the same clearance and
identification lamps, but in a lower
position on the vehicle.
Regarding TSEI’s concern that some
fleets and small-scale operators may not
have the technical expertise to change
the positioning of the identification and
clearance lamps to a lower position,
FMCSA notes that it is the
responsibility of each motor carrier to
ensure that its vehicles fully comply
with the FMCSRs at all times (see 49
CFR 393.1(c)), which includes the terms
and conditions of this temporary
exemption. As such, if a motor carrier
chooses to use STEMCO’s device, it
must ensure that the required lights are
properly moved and are fully
operational at all times.
FMCSA acknowledges Wabash’s
comment that it has developed a
solution whereby its aerodynamic
device can be fitted to a trailer without
obscuring the required clearance and
identification lights located at the top of
the trailer. While Wabash has designed
a solution that does not require relief
from the current standards, STEMCO
has applied for a temporary exemption
in order to test an alternative design
based on its contention that use of that
design will provide an equivalent or
greater level of safety than without the
exemption. Because of reasons
discussed above, FMCSA believes that
an equivalent level of safety will be
maintained.
While FMVSS No. 108 and section
393.11 of the FMCSRs require the two
conspicuity treatments to be installed
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6721
on the rear of trailers and semitrailers,
FMCSA notes that neither of the
conspicuity treatments is required to be
installed on single unit trucks (box
trucks). For this reason, FMCSA
believes that it is appropriate to limit
the use of STEMCO’s aerodynamic
device, when mounted at the top of the
vehicle and obscuring the clearance and
identification lights, to trailers and
semitrailers only at this time.
FMCSA Decision
FMCSA has evaluated the STEMCO
exemption application. For the reasons
discussed above, the Agency believes
that granting the temporary exemption
to allow rear identification lamps and
rear clearance lamps to be located lower
on trailers and semitrailers, mounted at
the same level as the stop lamps, tail
lamps, and turn signals, 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 February 14, 2018 and ending
February 14, 2023. During the
temporary exemption period, motor
carriers will be allowed to mount
STEMCO’s TrailerTail® aerodynamic
device at the top of trailers and
semitrailers, provided that the rear
clearance and identification lights are
mounted at the same level as the stop
lamps, tail lamps, and turn signals. The
exemption will be valid for 5 years
unless rescinded earlier by FMCSA. The
exemption will be rescinded if: (1)
Motor carriers and/or CMVs 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 CFR part 381.
Interested parties possessing
information that would demonstrate
that motor carriers using trailers or
semitrailers with STEMCO’s
TrailerTail® aerodynamic device 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
CFR part 381, will take immediate steps
to revoke the exemption.
Preemption
In accordance with 49 U.S.C.
31315(d), as implemented by 49 CFR
381.600, during the period this
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Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices
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: February 8, 2018.
Cathy F. Gautreaux,
Deputy Administrator.
[FR Doc. 2018–03033 Filed 2–13–18; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2009–0294; FMCSA–
2011–0326; FMCSA–2011–0327; FMCSA–
2011–0367; FMCSA–2013–0192; FMCSA–
2015–0340; FMCSA–2015–0341]
Qualification of Drivers; Exemption
Applications; Diabetes
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of renewal of
exemptions; request for comments.
AGENCY:
FMCSA announces its
decision to renew exemptions for 53
individuals from its prohibition in the
Federal Motor Carrier Safety
Regulations (FMCSRs) against persons
with insulin-treated diabetes mellitus
(ITDM) from operating commercial
motor vehicles (CMVs) in interstate
commerce. The exemptions enable these
individuals with ITDM to continue to
operate CMVs in interstate commerce.
DATES: Each group of renewed
exemptions were applicable on the
dates stated in the discussions below
and will expire on the dates stated in
the discussions below. Comments must
be received on or before March 16, 2018.
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 5:30 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.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA–
2009–0294; FMCSA–2011–0326;
FMCSA–2011–0327; FMCSA–2011–
daltland on DSKBBV9HB2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
22:07 Feb 13, 2018
Jkt 244001
0367; FMCSA–2013–0192; FMCSA–
2015–0340; FMCSA–2015–0341 using
any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 1200
New Jersey Avenue SE, West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery: West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE, Washington,
DC, between 9 a.m. and 5 p.m., e.t.,
Monday through Friday, except Federal
Holidays.
• Fax: 1–202–493–2251.
Instructions: Each submission must
include the Agency name and the
docket number(s) for this notice. 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 below for
further information.
Docket: For access to the docket to
read background documents or
comments, go to https://
www.regulations.gov at any time or
Room W12–140 on the ground level of
the West Building, 1200 New Jersey
Avenue SE, Washington, DC, between 9
a.m. and 5 p.m., e.t., Monday through
Friday, except Federal holidays. The
FDMS is available 24 hours each day
e.t., 365 days each year. If you want
acknowledgment that we received your
comments, please include a selfaddressed, stamped envelope or
postcard or print the acknowledgement
page that appears after submitting
comments online.
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.
I. Background
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption for five
years if it finds ‘‘such exemption would
likely achieve a level of safety that is
equivalent to or greater than the level
that would be achieved absent such
exemption.’’ The statute also allows the
Agency to renew exemptions at the end
of the five-year period. FMCSA grants
exemptions from the FMCSRs for a twoyear period to align with the maximum
PO 00000
Frm 00216
Fmt 4703
Sfmt 4703
duration of a driver’s medical
certification.
The physical qualification standard
for drivers regarding diabetes found in
49 CFR 391.41(b)(3) states that a person
is physically qualified to drive a CMV
if that person has no established
medical history or clinical diagnosis of
diabetes mellitus currently requiring
insulin for control.
The 53 individuals listed in this
notice have requested renewal of their
exemptions from the diabetes standard
in 49 CFR 391.41(b)(3), in accordance
with FMCSA procedures. Accordingly,
FMCSA has evaluated these
applications for renewal on their merits
and decided to extend each exemption
for a renewable two-year period.
II. Request for Comments
Interested parties or organizations
possessing information that would
otherwise show that any, or all, of these
drivers are not currently achieving the
statutory level of safety should
immediately notify FMCSA. The
Agency will evaluate any adverse
evidence submitted and, if safety is
being compromised or if continuation of
the exemption would not be consistent
with the goals and objectives of 49
U.S.C. 31136(e) and 31315, FMCSA will
take immediate steps to revoke the
exemption of a driver.
III. Basis for Renewing Exemptions
Under 49 U.S.C. 31315(b)(1), an
exemption may be granted for no longer
than two years from its approval date
and may be renewed upon application.
In accordance with 49 U.S.C. 31136(e)
and 31315, each of the 53 applicants has
satisfied the renewal conditions for
obtaining an exemption from the
diabetes requirement (74 FR 68092; 75
FR 8182; 76 FR 78720; 76 FR 79756; 77
FR 533; 77 FR 5873; 77 FR 7232; 77 FR
10607; 78 FR 78479; 79 FR 13086; 80 FR
81415; 81 FR 1281; 81 FR 1987; 81 FR
36378; 81 FR 45213). They have
maintained their required medical
monitoring and have not exhibited any
medical issues that would compromise
their ability to safely operate a CMV
during the previous two-year exemption
period. These factors provide an
adequate basis for predicting each
driver’s ability to continue to drive
safely in interstate commerce.
Therefore, FMCSA concludes that
extending the exemption for each of
these drivers for a period of two years
is likely to achieve a level of safety
equal to that existing without the
exemption.
In accordance with 49 U.S.C. 31136(e)
and 31315, the following groups of
drivers received renewed exemptions in
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]]>Agencies
[Federal Register Volume 83, Number 31 (Wednesday, February 14, 2018)]
[Notices]
[Pages 6718-6722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03033]
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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 final disposition; grant of application for
exemption.
-----------------------------------------------------------------------
SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
announces its decision to grant STEMCO LP's (STEMCO) application for a
limited 5-year exemption to allow motor carriers to operate certain
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. The Agency has
determined that locating the rear identification lamps and rear
clearance lamps lower on the trailers and semitrailers, mounted at the
same level as the stop lamps, tail lamps, and turn signals will
maintain a level of safety that is equivalent to, or greater than, the
level of safety achieved without the exemption.
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
Pursuant to 49 CFR part 381, FMCSA has authority to grant
exemptions from certain Federal Motor Carrier Safety Regulations
(FMCSRs). 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(a)).
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 terms and
conditions of the exemption, as well as its effective period (up to 5
years). 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.
Table 1 of section 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.
In February 2015, STEMCO purchased ATDynamics and its
TrailerTail[supreg] product line, a collapsible
[[Page 6719]]
boat tail technology that improves the rear aerodynamic shape of CMV
trailers. In its application, STEMCO states that motor carriers are
evaluating the TrailerTail[supreg] rear aerodynamic device to help meet
(1) proposed standards from the U.S. Environmental Protection Agency
(EPA) and the Department of Transportation's National Highway Traffic
Safety Administration (NHTSA) that would establish the next phase of
greenhouse gas (GHG) emissions and fuel efficiency standards for
medium- and heavy duty vehicles,1 2 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.
---------------------------------------------------------------------------
\1\ On October 25, 2016, EPA and NHTSA jointly published a final
rule establishing rules for a comprehensive Phase 2 Heavy-Duty (HD)
National Program that will reduce greenhouse gas (GHG) emissions and
fuel consumption from new on-road medium- and heavy-duty vehicles
and engines, helping to address the challenges of global climate
change and energy security (81 FR 73478). NHTSA's fuel consumption
standards and EPA's carbon dioxide (CO2) emission
standards are tailored to each of four regulatory categories of
heavy-duty vehicles: Combination tractors; trailers used in
combination with those tractors; heavy-duty pickup trucks and vans;
and vocational vehicles. The rule also includes separate standards
for the engines that power combination tractors and vocational
vehicles.
\2\ In response to letters submitted by the Truck Trailer
Manufacturers Association seeking reconsideration of the October
2016 final rule, both EPA and NHTSA decided on August 17, 2017 to
conduct additional rulemaking on the issues of GHG emissions and
fuel efficiency standards for medium- and heavy-duty vehicles.
---------------------------------------------------------------------------
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 unaerodynamic 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 be necessary in order to meet future fuel efficiency
requirements.
Comments
On June 10, 2016, FMCSA published a notice of the STEMCO
application and asked for public comment (81 FR 37662). The Agency
received comments from the American Trucking Associations (ATA), the
Transportation Safety Equipment Institute (TSEI), and Wabash National
Corporation (Wabash).
ATA supported STEMCO's application, stating:
Efficiency-improving technologies include tractor aerodynamics,
fuel-efficient tires, idle reduction equipment, speed governors, use
of lighter weight equipment and aerodynamic trailer skirts and
tails. ATA supports efforts to improve fuel efficiency and actions
to improve coordination between federal agencies to advance fuel
efficiency in the trucking industry . . .
According to the U.S. Environmental Protection Agency's SmartWay
program trailer tails can improve heavy truck fuel efficiency by
five percent. STEMCO's wind tunnel testing suggests that an
additional 0.14 percent improvement can be achieved if its trailer
tail is mounted flush with the top of the trailer. In order to
verify this finding, STEMCO should be allowed to test the device in
an actual on-road environment with a fleet of heavy trucks.
As FMCSA is aware, there are many trailer types throughout the
motor carrier industry. Some trailers, like flatbeds and intermodal
chassis, are required to have lighting systems on the rear frame of
the trailer to comply with FMVSS 108 and 49 CFR 393.11. And, since
these trailer types have no upper frame or doors at the rear of the
trailer, it is not possible for them to have marker or
identification lamps similar to those required on van trailers.
Unless the FMCSA has research and data showing the marker and
identification lights on a van trailer improve safety over and above
the light configuration on flatbed trailers and/or intermodal
chassis, etc., the agency should grant the exemption for evaluation
purposes.
TSEI and Wabash both expressed concerns that allowing the
identification and clearance lamps to be mounted lower than currently
required, on the same horizontal plane with the stop, turn, and tail
lamps, may not maintain a level of safety that is equivalent to or
greater than the level of safety without the exemption because other
motorists might not be able to adequately distinguish large trucks and
trailers from other passenger other vehicles. TSEI stated:
STEMCO's application does not appear to take into account the
important role signal lighting plays in vehicle conspicuity. The
signal lighting on heavy duty vehicles does more than provide
``intention'' (e.g., stop or turn) signals; it also provides
conspicuity (e.g., conspicuity triangle created between the
identification lamp cluster and the stop/tail/turn lamps. The Agency
should be cautious about infringing upon the longstanding
relationship between the signal and conspicuity aspects of heavy
duty lighting in the absence of supporting data concerning the
effects on trailer conspicuity.
TSEI acknowledges that many vehicles utilize low mounting
positions due to the construction of the vehicle. Presumably, the
practicability language in FMCSR and FMVSS accounts for differences
in mounting positions. As NHTSA has explained, ``[s]ince the various
types of trailers differ from one another in their configuration,
NHTSA believes that the method of compliance that may be appropriate
for one type may not be for another. For example, van-type trailers
have distinct rectangular side and rear perimeters to which
conspicuity enhancing materials could be easily applied, while tank-
type, platform trailers, or others do not.'' 56 FR 63475 (Dec. 4,
1991) (Notice of proposed rulemaking regarding increasing
conspicuity of trailers which have an overall width of 80 inches or
more to enhance the likelihood of
[[Page 6720]]
their detection at night and conditions of reduced visibility).
But acknowledging these differences does not demonstrate that
lowering the mounting position to accommodate an aerodynamic device
would not adversely affect safety. Because STEMCO has not provided
any data on the safety impact of lowering the height of rear
identification lamps and rear clearance lamps, STEMCO has not
provided a basis for evaluating their statement that the lower
placement will not adversely affect safety, particularly with
respect to the trailers' conspicuity.
Similarly, Wabash stated:
The ability of motorists to distinguish large trucks and
trailers from passenger vehicles is an essential component of crash
avoidance because of size, maneuvering, and the speed differences
between the two types of vehicles. High mounted identification lamps
uniquely identify large trucks and wide trailers and do so with the
longest possible sight preview of the lamps. Clearance lamps show
the overall width of the vehicle to alert drivers of its large size.
NHTSA has already concluded that, if rear identification lamps were
lowered, the purpose of uniquely identifying large vehicles with the
longest possible sight preview of the lamps would be compromised. As
the mounting height of identification lamps is lowered, the time
that nearby drivers have to identify the vehicle as a large truck,
including drivers not located immediately behind the truck, is
reduced and is contrary to the safety objective of the mounting
height requirement.
NHTSA's conclusions regarding the safety implications of
unnecessarily lowering the mounting height for rear identification
lamps and rear clearance lamps are supported by a recent FMCSA
sponsored study which observed that, with respect to large vehicles,
``[p]assive crash avoidance can be accomplished by the conspicuity
of the vehicle, that is, the extent to which the vehicle is readily
perceived by other road users. In terms of the physical and
mechanical systems of the vehicle, conspicuity is primarily
accomplished through the light system on the vehicle. The light
system includes tail and top lamps, marker and identification lamps,
as well as the reflective tape systems on trailers.
TSEI noted that if the exemption is granted, vehicle and trailer
manufacturers would still be required to comply with the requirements
of FMVSS No. 108 (install the identification and clearance lamps as
high as practicable), and repair businesses would not be permitted to
move the lamps to a lower position because Title 49, U.S. Code 30122(b)
of the Motor Vehicle Safety Act ``prohibits a manufacturer,
distributor, dealer, or motor vehicle repair business from knowingly
making inoperative any part of a device or element of design installed
on or in a motor vehicle in compliance with an applicable motor vehicle
safety standard.'' Because of the above, TSEI expressed concerns that
some fleets and small-scale operators my not have the technical
expertise to change the positioning of the identification and clearance
lamps to a lower position.
TSEI also noted that S6.2.2 of FMVSS No. 108 states ``If any
required lamp or reflective device is obstructed by motor vehicle
equipment (e.g., mirrors, snow plows, wrecker booms, backhoes, winches,
etc.) including dealer installed equipment, and cannot meet the
applicable photometry and visibility requirements, the vehicle must be
equipped with an additional lamp or device of the same type which meet
all applicable requirements of this standard, including photometry and
visibility.'' TSEI stated ``STEMCO could equip vehicles with additional
lamps or devices that meet FMVSS 108 to accommodate for the lamps that
would be obstructed by the aerodynamic device. Such an approach would
not require an exemption.''
Wabash stated that it is possible--and practicable--to attach an
aerodynamic tail device to the rear top sill of a trailer without
blocking rear identification lamps and rear clearance lamps while still
meeting the new GHG regulations. Wabash stated:
Wabash's innovative aerodynamic tail devices--which are known as
the AeroFin\TM\ and AeroFin\TM\ XL--can be attached to the rear top
sill of the trailer without blocking the rear identification lamps
and rear clearance lamps. Further, STEMCO's argument that the
exemption is needed to meet the current requirements of the
California Air Resource Board (CARB) Tractor-trailer Greenhouse Gas
regulations and proposed Greenhouse Gas Phase 2 regulations is
unpersuasive. By using the AeroFin\TM\ in combination with certain
of its trailer aerodynamic technologies, Wabash has achieved
improvement of 9% or greater in fuel economy. In addition, the
AeroFin\TM\ XL is CARB compliant. Again, technological advancements
have made it possible for manufacturers to meet the safety
objectives of FMVSS 108 without compromising other performance
related considerations.
FMCSA Analysis
FMCSA agrees that it is important for motorists to be able to
readily distinguish large trucks and trailers from other passenger
vehicles. FMVSS No. 108 and section 393.11 of the FMCSRs ensure this by
requiring large vehicles to be equipped with a combination of lights,
reflectors, and conspicuity treatments that help indicate the overall
height, width, and length of these vehicles. Specifically, all CMVs
manufactured on or after December 25, 1968, must, at a minimum, meet
the applicable requirements of FMVSS No. 108 in effect at the time of
manufacture of the vehicle. The purpose of FMVSS No. 108 is to reduce
crashes and deaths and injuries from crashes, by providing adequate
illumination of the roadway, and by enhancing the conspicuity of motor
vehicles on the public roads so that their presence is perceived and
their signals understood, both in daylight and in darkness or other
conditions of reduced visibility. FMVSS No. 108 specifies requirements
for original and replacement lamps, reflective devices, and associated
equipment. The standard applies to passenger cars, multipurpose
passenger vehicles, trucks, buses, trailers, and motorcycles.
Specifically with respect to clearance lamps and identification
lamps, all (1) trucks and buses 80 inches or more in width, (2)
semitrailers and full trailers 80 inches or more in width (except
converter dollies), and (3) pole trailers must be equipped with:
Two red clearance lamps, one on each side of the vertical
centerline of the vehicle, mounted as high as practicable to indicate
the overall width of the vehicle; and
A group of three red identification lights on the rear of
the vehicle, mounted as close as practicable to the top of the vehicle.
One lamp is required to be mounted as close as practicable to the
vertical centerline of the vehicle, and one on each side with lamp
centers spaced not less than 6 inches or more than 12 inches apart.
The grouping of three identification lamps on the top rear of large
vehicles is intended to uniquely identify large vehicles with the
longest sight preview possible. On February 5, 2003, NHTSA denied a
petition for rulemaking from Sierra Products, Inc. (Sierra), which--
among other things--requested that NHTSA amend FMVSS No. 108 to require
the identification lights to be mounted at eye height on heavy trucks
(68 FR 5863). In denying Sierra's petition, NHTSA stated ``As the
mounting height of identification lamps is lowered, the time that
nearby drivers will have to identify the vehicle, as a heavy truck will
lessen. This is contrary to the intent of the requirement. On the other
hand, the mounting height of identification lamps has been long
established to be `as high as practicable.' This is to make nearby
drivers aware of the vehicle's size. If these lamps were lowered to eye
level, approaching drivers may not be able to distinguish large
commercial vehicles from passenger vehicles.'' [Emphasis added.]
Notwithstanding the above, FMCSA notes that the three
identification lamps are not the only means by which drivers
[[Page 6721]]
are ``able to distinguish large commercial vehicles from passenger
vehicles,'' as stated in NHTSA's denial of the petition from Sierra.
While FMCSA agrees that mounting identification lamps ``as high as
practicable'' provides approaching motorists maximum time to identify a
CMV, and that lowering the mounting location of the identification
lamps reduces that time, FMVSS No. 108 (and, by incorporation, section
393.11 of the FMCSRs) also requires the rear of all trailers and
semitrailers to be equipped with conspicuity materials (a strip of
alternating red and white retroreflective sheeting or reflex
reflectors) installed across both:
(1) The full width of the trailer, as close to the extreme edges as
practicable, and as close to practicable to not less than 375 mm (14.77
in) and not more than 1525 mm (60.05 in) above the road surface at the
centerline with the trailer at curb weight, and
(2) The full width of the horizontal member of the rear underride
protection device required by FMVSS No. 224, ``Rear impact
protection.'' The horizontal member is required to extend to within 100
mm (4 in) of the side extremity of the vehicle, and be located not more
than 560 mm (20.05 in) above the ground at any point.
The presence of these two separate conspicuity treatments on the
rear of all trailers and semitrailers, consisting of alternating red
and white retroreflective material or reflex reflectors, serves as a
clear indication to the motoring public that the vehicle is a large
commercial vehicle as opposed to a passenger car. While these
conspicuity treatments are not located at or near the very top of the
trailer or semitrailer, FMCSA believes that they provide a very
distinctive visual pattern on the rear of trailers and semitrailers
that easily enables motorists to be aware that they are approaching a
large vehicle.\3\
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\3\ FMCSA also notes that, per STEMCO's product literature, each
side component of its aerodynamic device has red and white
conspicuity tape applied to the outward face of the device, further
enhancing the visibility of the vehicle.
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It is important to note that STEMCO is proposing that the required
clearance and identification lights be relocated lower on vehicles
using the aerodynamic devices, and is not simply requesting an
exception to the regulation because the required lights are obscured by
the device. FMCSA believes that relocating the lamps to a lower
position is an acceptable approach and ensures an equivalent level of
safety for two separate reasons. First, and as STEMCO notes in its
application, FMVSS No. 108 and section 393.11 of the FMCSRs permit the
clearance and identification lamps to be mounted lower on flatbed
trailers and intermodal chassis simply because there is no other
position to mount the lamps due to the vehicle designs. FMCSA does not
believe that locating the clearance and identification lamps in the
same manner on trailers and semitrailers using STEMCO's aerodynamic
devices will pose an unreasonable risk, especially given the
conspicuity requirements discussed above. Second, and as noted by TSEI
in its comments, S6.2.2 of FMVSS No. 108 directly addresses vehicle
designs whereby required lamps or reflective devices are obscured by
motor vehicle equipment such as ``mirrors, snow plows, wrecker booms,
backhoes, winches,'' which would also include STEMCO's aerodynamic
devices. In these instances, S6.2.2 of FMVSS No. 108 requires the
vehicle to ``be equipped with an additional lamp or device of the same
type which meet all applicable requirements of this standard, including
photometry and visibility.'' This is exactly what STEMCO is proposing
to do--to install the same clearance and identification lamps, but in a
lower position on the vehicle.
Regarding TSEI's concern that some fleets and small-scale operators
may not have the technical expertise to change the positioning of the
identification and clearance lamps to a lower position, FMCSA notes
that it is the responsibility of each motor carrier to ensure that its
vehicles fully comply with the FMCSRs at all times (see 49 CFR
393.1(c)), which includes the terms and conditions of this temporary
exemption. As such, if a motor carrier chooses to use STEMCO's device,
it must ensure that the required lights are properly moved and are
fully operational at all times.
FMCSA acknowledges Wabash's comment that it has developed a
solution whereby its aerodynamic device can be fitted to a trailer
without obscuring the required clearance and identification lights
located at the top of the trailer. While Wabash has designed a solution
that does not require relief from the current standards, STEMCO has
applied for a temporary exemption in order to test an alternative
design based on its contention that use of that design will provide an
equivalent or greater level of safety than without the exemption.
Because of reasons discussed above, FMCSA believes that an equivalent
level of safety will be maintained.
While FMVSS No. 108 and section 393.11 of the FMCSRs require the
two conspicuity treatments to be installed on the rear of trailers and
semitrailers, FMCSA notes that neither of the conspicuity treatments is
required to be installed on single unit trucks (box trucks). For this
reason, FMCSA believes that it is appropriate to limit the use of
STEMCO's aerodynamic device, when mounted at the top of the vehicle and
obscuring the clearance and identification lights, to trailers and
semitrailers only at this time.
FMCSA Decision
FMCSA has evaluated the STEMCO exemption application. For the
reasons discussed above, the Agency believes that granting the
temporary exemption to allow rear identification lamps and rear
clearance lamps to be located lower on trailers and semitrailers,
mounted at the same level as the stop lamps, tail lamps, and turn
signals, 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 February 14, 2018 and ending February 14, 2023. During the
temporary exemption period, motor carriers will be allowed to mount
STEMCO's TrailerTail[supreg] aerodynamic device at the top of trailers
and semitrailers, provided that the rear clearance and identification
lights are mounted at the same level as the stop lamps, tail lamps, and
turn signals. The exemption will be valid for 5 years unless rescinded
earlier by FMCSA. The exemption will be rescinded if: (1) Motor
carriers and/or CMVs 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 CFR part 381.
Interested parties possessing information that would demonstrate
that motor carriers using trailers or semitrailers with STEMCO's
TrailerTail[supreg] aerodynamic device 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 CFR
part 381, will take immediate steps to revoke the exemption.
Preemption
In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR
381.600, during the period this
[[Page 6722]]
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: February 8, 2018.
Cathy F. Gautreaux,
Deputy Administrator.
[FR Doc. 2018-03033 Filed 2-13-18; 8:45 am]
BILLING CODE 4910-EX-P
