Parts and Accessories Necessary for Safe Operation; Application for an Exemption From the Automobile Carriers Conference of the American Trucking Associations, 8569-8571 [2018-03943]
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Federal Register / Vol. 83, No. 39 / Tuesday, February 27, 2018 / Notices
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
duration of a driver’s medical
certification.
The physical qualification standard
for drivers regarding epilepsy found in
49 CFR 391.41(b)(8) states that a person
is physically qualified to drive a CMV
if that person has no established
medical history or clinical diagnosis of
epilepsy or any other condition which
is likely to cause the loss of
consciousness or any loss of ability to
control a CMV.
In addition to the regulations, FMCSA
has published advisory criteria to assist
Medical Examiners in determining
whether drivers with certain medical
conditions are qualified to operate a
CMV in interstate commerce. [49 CFR
part 391, APPENDIX A TO PART 391—
MEDICAL ADVISORY CRITERIA,
section H. Epilepsy: § 391.41(b)(8),
paragraphs 3, 4, and 5.]
The nine individuals listed in this
notice have requested renewal of their
exemptions from the epilepsy and
seizure disorders prohibition in 49 CFR
391.41(b)(8), 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
daltland on DSKBBV9HB2PROD with NOTICES
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
In accordance with 49 U.S.C. 31136(e)
and 31315, each of the nine applicants
has satisfied the renewal conditions for
obtaining an exemption from the
epilepsy and seizure disorders
prohibition. The nine drivers in this
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19:49 Feb 26, 2018
Jkt 244001
notice remain in good standing with the
Agency, have maintained their 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. In addition, for Commercial
Driver’s License (CDL) holders, the
Commercial Driver’s License
Information System (CDLIS) and the
Motor Carrier Management Information
System (MCMIS) are searched for crash
and violation data. For non-CDL
holders, the Agency reviews the driving
records from the State Driver’s
Licensing Agency (SDLA). These factors
provide an adequate basis for predicting
each driver’s ability to continue to
safely operate a CMV in interstate
commerce. Therefore, FMCSA
concludes that extending the exemption
for each renewal applicant for a period
of two years is likely to achieve a level
of safety equal to that existing without
the exemption.
As of January 21, 2018, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following nine individuals
have satisfied the renewal conditions for
obtaining an exemption from the
epilepsy and seizure disorders
prohibition in the FMCSRs for interstate
CMV drivers:
Thomas A. De Angelo (IL)
Nathan L. Dermer (AK)
Daniel L. Halstead (NV)
Toriano T. Mitchell (OH)
Thomas A. Mitman (NY)
Diana J. Mugford (VT)
Tyler W. Schaefer (ME)
Alvin C. Strite (PA)
Thomas B. Vivirito (PA)
The drivers were included in docket
number FMCSA–2012–0050; FMCSA–
2015–0119; FMCSA–2015–0320. Their
exemptions are applicable as of January
21, 2018, and will expire on January 21,
2020.
IV. Conditions and Requirements
The exemptions are extended subject
to the following conditions: (1) Each
driver must remain seizure-free and
maintain a stable treatment during the
two-year exemption period; (2) each
driver must submit annual reports from
their treating physicians attesting to the
stability of treatment and that the driver
has remained seizure-free; (3) each
driver must undergo an annual medical
examination by a certified Medical
Examiner, as defined by 49 CFR 390.5;
and (4) each driver must provide a copy
of the annual medical certification to
the employer for retention in the
driver’s qualification file, or keep a copy
of his/her driver’s qualification file if
he/she is self-employed. The driver
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Fmt 4703
Sfmt 4703
8569
must also have a copy of the exemption
when driving, for presentation to a duly
authorized Federal, State, or local
enforcement official. The exemption
will be rescinded if: (1) The person fails
to comply with the terms and
conditions of the exemption; (2) the
exemption has resulted in a lower level
of safety than was maintained before it
was granted; or (3) continuation of the
exemption would not be consistent with
the goals and objectives of 49 U.S.C.
31136(e) and 31315.
V. Preemption
During the period the exemption is in
effect, no State shall enforce any law or
regulation that conflicts with this
exemption with respect to a person
operating under the exemption.
VI. Conclusion
Based upon its evaluation of the nine
exemption applications, FMCSA renews
the exemptions of the aforementioned
drivers from the epilepsy and seizure
disorders prohibition in 49 CFR 391.41
(b)(8). In accordance with 49 U.S.C.
31136(e) and 31315, each exemption
will be valid for two years unless
revoked earlier by FMCSA.
Issued on: February 8, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018–03940 Filed 2–26–18; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2018–0090]
Parts and Accessories Necessary for
Safe Operation; Application for an
Exemption From the Automobile
Carriers Conference of the American
Trucking Associations
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of application for
exemption; request for comments.
AGENCY:
The Federal Motor Carrier
Safety Administration (FMCSA)
requests public comment on an
application for exemption from the
Automobile Carriers Conference (ACC)
of the American Trucking Associations
(ATA) requesting that motor carriers
operating stinger steered automobile
transporter equipment be relieved from
the requirement to place warning flags
on projecting loads of new motor
vehicles. The Federal Motor Carrier
Safety Regulations (FMCSRs) require
any commercial motor vehicle (CMV)
SUMMARY:
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8570
Federal Register / Vol. 83, No. 39 / Tuesday, February 27, 2018 / Notices
transporting a load that extends more
than 4 feet beyond the rear of the
vehicle to be marked with a single red
or orange fluorescent warning flag at the
extreme rear if the projecting load is 2
feet wide or less, and two warning flags
if the projecting load is wider than 2
feet. The flags must be located to
indicate the maximum width of loads
which extend beyond the sides and/or
rear of the vehicle. The ACC believes
that the reflex reflectors that are
required to be installed on the new
motor vehicles being transported, in
conjunction with the various marking
and conspicuity requirements required
on the trailer transporting the new
vehicles, provide a level of safety that is
greater than that achieved by the
warning flags required by the FMCSRs.
DATES: Comments must be received on
or before March 29, 2018.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket ID FMCSA–
2018–0090 using any of the following
methods:
• Website: https://
www.regulations.gov. Follow the
instructions for submitting comments
on the Federal electronic docket site.
• Fax: 1–202–493–2251.
• Mail: Docket Management Facility,
U.S. Department of Transportation,
Room W12–140, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001.
• Hand Delivery: Ground Floor, Room
W12–140, DOT Building, 1200 New
Jersey Avenue SE, Washington, DC,
between 9 a.m. and 5 p.m. e.t., Monday–
Friday, except Federal holidays.
Instructions: All submissions must
include the Agency name and docket
number for this notice. For detailed
instructions on submitting comments
and additional information on the
exemption process, see the ‘‘Public
Participation’’ heading below. Note that
all comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided. Please
see the ‘‘Privacy Act’’ heading for
further information.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov or to Room W12–
140, DOT Building, 1200 New Jersey
Avenue SE, Washington, DC, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
Privacy Act: In accordance with 5
U.S.C. 553(c), DOT solicits comments
from the public to better inform its
rulemaking process. DOT posts these
comments, without edit, including any
VerDate Sep<11>2014
19:49 Feb 26, 2018
Jkt 244001
personal information the commenter
provides, to www.regulations.gov, as
described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at www.dot.gov/privacy.
Public participation: The https://
www.regulations.gov website is
generally available 24 hours each day,
365 days each year. You may find
electronic submission and retrieval help
and guidelines under the ‘‘help’’ section
of the https://www.regulations.gov
website as well as the DOT’s https://
docketsinfo.dot.gov website. If you
would like notification that we received
your comments, please include a selfaddressed, stamped envelope or
postcard or print the acknowledgment
page that appears after submitting
comments online.
FOR FURTHER INFORMATION CONTACT: Mr.
´
Jose R. Cestero, Vehicle and Roadside
Operations Division, Office of Carrier,
Driver, and Vehicle Safety, MC–PSV,
(202) 366–5541, Federal Motor Carrier
Safety Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001.
SUPPLEMENTARY INFORMATION:
Background
Section 4007 of the Transportation
Equity Act for the 21st Century (TEA–
21) [Pub. L. 105–178, June 9, 1998, 112
Stat. 401] amended 49 U.S.C. 31315 and
31136(e) to provide authority to grant
exemptions from the Federal Motor
Carrier Safety Regulations (FMCSRs).
On August 20, 2004, FMCSA published
a final rule (69 FR 51589) implementing
section 4007. Under this rule, FMCSA
must publish a notice of each exemption
request in the Federal Register (49 CFR
381.315(a)). The Agency must provide
the public with an opportunity to
inspect the information relevant to the
application, including any safety
analyses that have been conducted. The
Agency must also provide an
opportunity for public comment on the
request.
The Agency reviews the safety
analyses and the public comments and
determines whether granting the
exemption would likely achieve a level
of safety equivalent to or greater than
the level that would be achieved by the
current regulation (49 CFR 381.305).
The decision of the Agency must be
published in the Federal Register (49
CFR 381.315(b)). If the Agency denies
the request, it must state the reason for
doing so. If the decision is to grant the
exemption, the notice must specify the
person or class of persons receiving the
exemption and the regulatory provision
or provisions from which an exemption
is granted. The notice must specify the
PO 00000
Frm 00153
Fmt 4703
Sfmt 4703
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)).
ACC Application for Exemption
The ACC has applied for an
exemption from 49 CFR 393.87,
requesting that motor carriers operating
stinger steered automobile transporter
equipment be relieved from the
requirement to place warning flags on
projecting loads of new motor vehicles.
A copy of the application is included in
the docket referenced at the beginning
of this notice.
Section 393.87 of the FMCSRs
requires any commercial motor vehicle
transporting a load which extends
beyond the sides by more than 4 inches,
or more than 4 feet beyond the rear, to
have the extremities of the load marked
with red or orange fluorescent warning
flags. Each warning flag must be at least
18 inches square. There must be a single
flag at the extreme rear if the projecting
load is 2 feet wide or less, and two
warning flags are required if the
projecting load is wider than 2 feet. The
flags must be located to indicate the
maximum width of loads which extend
beyond the sides and/or rear of the
vehicle.
In its application, the ACC states
‘‘With the enactment of the FAST
[Fixing America’s Surface
Transportation] Act in December 2015,
stinger steered automobile transporter
equipment are permitted a rear
vehicular overhang allowance of not
less than six feet. [49 U.S.C.
31111(b)(1)(G)] Prior to the enactment of
the FAST Act, the minimum rear
overhang allowance for all automobile
transporters was a minimum of four
feet. [23 CFR Sec. 658.13(e)(ii)].’’
The ACC states:
The transportation of new motor vehicles
poses a dilemma in adhering to the flag
requirements. Affixing flags or anything else
to the surfaces of the vehicles is not allowed
by vehicle manufacturers as it can lead to
scratches and other damage to the vehicle.
Auto transporters have attempted to adhere
to the intent of the regulations by affixing
flags at the end of the trailers (see
attachments). This in itself can still lead to
vehicle damage by virtue of the flag rubbing
on the vehicle surface. However, this attempt
to comply with the regulatory intent does not
adhere to the letter of the regulations and has
resulted in carriers receiving numerous
citations for being in violation of the flag
requirements.
The ACC states that motor vehicles
are the only commodity to be
transported that must adhere to the
requirements of Federal Motor Vehicle
Safety Standard (FMVSS) No. 108,
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Federal Register / Vol. 83, No. 39 / Tuesday, February 27, 2018 / Notices
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‘‘Lamps, reflective devices and
associated equipment,’’ and that FMCSS
No. 108 has required motor vehicles to
be equipped with side-facing reflex
reflectors in addition to amber reflectors
in the front of the vehicle and red
reflectors in the rear of the vehicle since
1968. The ACC contends that the
reflective devices that are required to be
on the vehicles being transported, along
with the required lighting and
conspicuity treatments on the trailer
‘‘more than adequately adhere to the
intent of Sec. 383.87 in notifying the
motoring public that a load extends
more than four feet beyond the rear of
the trailer.’’ In addition, ACC states that
FMVSS No. 108 imposes specific
performance criteria for the required
reflectors, whereas there are no such
performance requirements for the flags
required by the FMCSRs.
The ACC states that the automobile
transporter vehicle population is a
fraction of the overall CMV population,
consisting of approximately 16,000
units, and that the stinger steered
vehicle population is a subset of that.
Further, ACC notes that since the
enactment of the FAST Act, the industry
has not experienced an increase in
collisions into the rear end of trucks
with the additional 2 feet of allowable
overhang. The ACC states that
‘‘Statistics show that the accident
frequency of collisions into the rear end
of auto transporters is miniscule with a
rate of less than 0.05%.’’
The exemption would apply to all
motor carriers operating stinger steered
automobile transporter equipment. The
ACC believes that the reflex reflectors
that are required to be installed on the
new motor vehicles being transported,
in conjunction with the various marking
and conspicuity requirements required
on the trailer transporting the new
vehicles, provide a level of safety that is
greater than that achieved by the
warning flags required by the FMCSRs.
Request for Comments
In accordance with 49 U.S.C. 31315
and 31136(e), FMCSA requests public
comment from all interested persons on
ACC’s application for an exemption
from 49 CFR 393.87. All comments
received before the close of business on
the comment closing date indicated at
the beginning of this notice will be
considered and will be available for
examination in the docket at the
location listed under the ADDRESSES
section of this notice. Comments
received after the comment closing date
will be filed in the public docket and
will be considered to the extent
practicable. In addition to late
comments, FMCSA will continue to file,
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19:49 Feb 26, 2018
Jkt 244001
in the public docket, relevant
information that becomes available after
the comment closing date. Interested
persons should continue to examine the
public docket for new material.
Issued on: February 20, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018–03943 Filed 2–26–18; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2017–0120]
Hours of Service of Drivers:
Application for Exemption; G4S Secure
Solutions (USA), Inc. (G4S)
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition;
denial of application for exemption.
AGENCY:
FMCSA announces its
decision to deny the application of G4S
Secure Solutions (USA), Inc. (G4S), for
an exemption from the requirement that
its drivers use electronic logging devices
(ELDs) to record their hours of service
(HOS). G4S requested the exemption for
all its drivers of customer/governmentowned vehicles used intermittently to
perform passenger transportation.
FMCSA analyzed the exemption
application and public comments, and
determined that the record does not
establish that the applicant would not
achieve a level of safety equivalent to,
or greater than, the level that would be
achieved absent such exemption.
FMCSA therefore issued a letter of
denial to the applicant on January 5,
2018.
DATES: Application for exemption was
denied January 5, 2018.
FOR FURTHER INFORMATION CONTACT: For
information concerning this notice,
contact Mr. Tom 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:
SUMMARY:
Background
FMCSA has authority under 49 U.S.C.
31136(e) and 31315 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
PO 00000
Frm 00154
Fmt 4703
Sfmt 4703
8571
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.
FMCSA reviews safety analyses and
public comments submitted, and
determines whether granting the
exemption would likely achieve a level
of safety equivalent to, or greater than,
the level that would be achieved by the
current regulation (49 CFR 381.305(a)).
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
also 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 381.300(b)).
III. Request for Exemption
G4S is an international security
solutions group, with operations in
more than 100 countries and more than
54,000 employees in North America.
One component of G45’s operations is
detainee and prisoner transport.
Government agencies across the
country, including the U.S. Immigration
and Customs Enforcement and State/
county police departments, contract
with G4S to safely and securely
transport prisoners, offenders, and
illegal aliens. To perform these
transportation services, G4S is
registered with the FMCSA as a for-hire
motor carrier. While the company
maintains a relatively small fleet of
vehicles, a significant portion of its
transportation services are performed by
G4S employees operating customer/
government-owned equipment (e.g.,
buses and 15-passenger-vans).
The company had started the process
of installing compliant ELDs in its own
vehicle fleet. G4S, however, believed an
exemption was for instances when its
drivers operate customer/governmentowned equipment to perform passenger
transportation services. In these
instances, it is the customer, not G4S,
that owns and maintains the vehicles.
For its part, G4S provides qualified
drivers to operate the vehicles and is
explicitly precluded, often by contract,
from making any modifications to or
installing any equipment in the
vehicles.
G4S claimed that, from a safety
perspective, its operations are
indistinguishable from driveaway-
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]]>Agencies
[Federal Register Volume 83, Number 39 (Tuesday, February 27, 2018)]
[Notices]
[Pages 8569-8571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03943]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2018-0090]
Parts and Accessories Necessary for Safe Operation; Application
for an Exemption From the Automobile Carriers Conference of the
American Trucking Associations
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of application for exemption; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
requests public comment on an application for exemption from the
Automobile Carriers Conference (ACC) of the American Trucking
Associations (ATA) requesting that motor carriers operating stinger
steered automobile transporter equipment be relieved from the
requirement to place warning flags on projecting loads of new motor
vehicles. The Federal Motor Carrier Safety Regulations (FMCSRs) require
any commercial motor vehicle (CMV)
[[Page 8570]]
transporting a load that extends more than 4 feet beyond the rear of
the vehicle to be marked with a single red or orange fluorescent
warning flag at the extreme rear if the projecting load is 2 feet wide
or less, and two warning flags if the projecting load is wider than 2
feet. The flags must be located to indicate the maximum width of loads
which extend beyond the sides and/or rear of the vehicle. The ACC
believes that the reflex reflectors that are required to be installed
on the new motor vehicles being transported, in conjunction with the
various marking and conspicuity requirements required on the trailer
transporting the new vehicles, provide a level of safety that is
greater than that achieved by the warning flags required by the FMCSRs.
DATES: Comments must be received on or before March 29, 2018.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2018-0090 using any of the
following methods:
Website: https://www.regulations.gov. Follow the
instructions for submitting comments on the Federal electronic docket
site.
Fax: 1-202-493-2251.
Mail: Docket Management Facility, U.S. Department of
Transportation, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590-0001.
Hand Delivery: Ground Floor, Room W12-140, DOT Building,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.
e.t., Monday-Friday, except Federal holidays.
Instructions: All submissions must include the Agency name and
docket number for this notice. For detailed instructions on submitting
comments and additional information on the exemption process, see the
``Public Participation'' heading below. Note that all comments received
will be posted without change to https://www.regulations.gov, including
any personal information provided. Please see the ``Privacy Act''
heading for further information.
Docket: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov or to Room W12-140,
DOT Building, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays.
Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
Public participation: The https://www.regulations.gov website is
generally available 24 hours each day, 365 days each year. You may find
electronic submission and retrieval help and guidelines under the
``help'' section of the https://www.regulations.gov website as well as
the DOT's https://docketsinfo.dot.gov website. If you would like
notification that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgment
page that appears after submitting comments online.
FOR FURTHER INFORMATION CONTACT: Mr. Jos[eacute] R. Cestero, Vehicle
and Roadside Operations Division, Office of Carrier, Driver, and
Vehicle Safety, MC-PSV, (202) 366-5541, Federal Motor Carrier Safety
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
Background
Section 4007 of the Transportation Equity Act for the 21st Century
(TEA- 21) [Pub. L. 105-178, June 9, 1998, 112 Stat. 401] amended 49
U.S.C. 31315 and 31136(e) to provide authority to grant exemptions from
the Federal Motor Carrier Safety Regulations (FMCSRs). On August 20,
2004, FMCSA published a final rule (69 FR 51589) implementing section
4007. Under this rule, FMCSA must publish a notice of each exemption
request in the Federal Register (49 CFR 381.315(a)). The Agency must
provide the public with an opportunity to inspect the information
relevant to the application, including any safety analyses that have
been conducted. The Agency must also provide an opportunity for public
comment on the request.
The Agency reviews the safety analyses and the public comments and
determines whether granting the exemption would likely achieve a level
of safety equivalent to or greater than the level that would be
achieved by the current regulation (49 CFR 381.305).
The decision of the Agency must be published in the Federal
Register (49 CFR 381.315(b)). If the Agency denies the request, it must
state the reason for doing so. If the decision is to grant the
exemption, the notice must specify the person or class of persons
receiving the exemption and the regulatory provision or provisions from
which an exemption is granted. The notice must specify the effective
period of the exemption (up to 5 years) and explain the terms and
conditions of the exemption. The exemption may be renewed (49 CFR
381.315(c) and 49 CFR 381.300(b)).
ACC Application for Exemption
The ACC has applied for an exemption from 49 CFR 393.87, requesting
that motor carriers operating stinger steered automobile transporter
equipment be relieved from the requirement to place warning flags on
projecting loads of new motor vehicles. A copy of the application is
included in the docket referenced at the beginning of this notice.
Section 393.87 of the FMCSRs requires any commercial motor vehicle
transporting a load which extends beyond the sides by more than 4
inches, or more than 4 feet beyond the rear, to have the extremities of
the load marked with red or orange fluorescent warning flags. Each
warning flag must be at least 18 inches square. There must be a single
flag at the extreme rear if the projecting load is 2 feet wide or less,
and two warning flags are required if the projecting load is wider than
2 feet. The flags must be located to indicate the maximum width of
loads which extend beyond the sides and/or rear of the vehicle.
In its application, the ACC states ``With the enactment of the FAST
[Fixing America's Surface Transportation] Act in December 2015, stinger
steered automobile transporter equipment are permitted a rear vehicular
overhang allowance of not less than six feet. [49 U.S.C.
31111(b)(1)(G)] Prior to the enactment of the FAST Act, the minimum
rear overhang allowance for all automobile transporters was a minimum
of four feet. [23 CFR Sec. 658.13(e)(ii)].''
The ACC states:
The transportation of new motor vehicles poses a dilemma in
adhering to the flag requirements. Affixing flags or anything else
to the surfaces of the vehicles is not allowed by vehicle
manufacturers as it can lead to scratches and other damage to the
vehicle. Auto transporters have attempted to adhere to the intent of
the regulations by affixing flags at the end of the trailers (see
attachments). This in itself can still lead to vehicle damage by
virtue of the flag rubbing on the vehicle surface. However, this
attempt to comply with the regulatory intent does not adhere to the
letter of the regulations and has resulted in carriers receiving
numerous citations for being in violation of the flag requirements.
The ACC states that motor vehicles are the only commodity to be
transported that must adhere to the requirements of Federal Motor
Vehicle Safety Standard (FMVSS) No. 108,
[[Page 8571]]
``Lamps, reflective devices and associated equipment,'' and that FMCSS
No. 108 has required motor vehicles to be equipped with side-facing
reflex reflectors in addition to amber reflectors in the front of the
vehicle and red reflectors in the rear of the vehicle since 1968. The
ACC contends that the reflective devices that are required to be on the
vehicles being transported, along with the required lighting and
conspicuity treatments on the trailer ``more than adequately adhere to
the intent of Sec. 383.87 in notifying the motoring public that a load
extends more than four feet beyond the rear of the trailer.'' In
addition, ACC states that FMVSS No. 108 imposes specific performance
criteria for the required reflectors, whereas there are no such
performance requirements for the flags required by the FMCSRs.
The ACC states that the automobile transporter vehicle population
is a fraction of the overall CMV population, consisting of
approximately 16,000 units, and that the stinger steered vehicle
population is a subset of that. Further, ACC notes that since the
enactment of the FAST Act, the industry has not experienced an increase
in collisions into the rear end of trucks with the additional 2 feet of
allowable overhang. The ACC states that ``Statistics show that the
accident frequency of collisions into the rear end of auto transporters
is miniscule with a rate of less than 0.05%.''
The exemption would apply to all motor carriers operating stinger
steered automobile transporter equipment. The ACC believes that the
reflex reflectors that are required to be installed on the new motor
vehicles being transported, in conjunction with the various marking and
conspicuity requirements required on the trailer transporting the new
vehicles, provide a level of safety that is greater than that achieved
by the warning flags required by the FMCSRs.
Request for Comments
In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests
public comment from all interested persons on ACC's application for an
exemption from 49 CFR 393.87. All comments received before the close of
business on the comment closing date indicated at the beginning of this
notice will be considered and will be available for examination in the
docket at the location listed under the ADDRESSES section of this
notice. Comments received after the comment closing date will be filed
in the public docket and will be considered to the extent practicable.
In addition to late comments, FMCSA will continue to file, in the
public docket, relevant information that becomes available after the
comment closing date. Interested persons should continue to examine the
public docket for new material.
Issued on: February 20, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-03943 Filed 2-26-18; 8:45 am]
BILLING CODE 4910-EX-P
