Parts and Accessories Necessary for Safe Operation; Laydon Composites Ltd. Application for an Exemption, 11858-11859 [2019-05946]
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11858
Federal Register / Vol. 84, No. 60 / Thursday, March 28, 2019 / Notices
V. Conditions and Requirements
The exemptions are extended subject
to the following conditions: (1) Each
driver must report any crashes or
accidents as defined in 49 CFR 390.5;
and (2) report all citations and
convictions for disqualifying offenses
under 49 CFR part 383 and 49 CFR 391
to FMCSA; and (3) each driver
prohibited from operating a motorcoach
or bus with passengers in interstate
commerce. The driver must also have a
copy of the exemption when driving, for
presentation to a duly authorized
Federal, State, or local enforcement
official. In addition, the exemption does
not exempt the individual from meeting
the applicable CDL testing
requirements. Each exemption will be
valid for two years unless rescinded
earlier by FMCSA. 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be rescinded if: (1) The person fails to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 and 31315.
VI. 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.
VII. Conclusion
Based upon its evaluation of the
eleven exemption applications, FMCSA
renews the exemptions of the
aforementioned drivers from the hearing
requirement in 49 CFR 391.41 (b)(11). 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: March 20, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019–05947 Filed 3–27–19; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
amozie on DSK9F9SC42PROD with NOTICES
[Docket No. FMCSA–2019–0070]
Parts and Accessories Necessary for
Safe Operation; Laydon Composites
Ltd. Application for an Exemption
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of application for
exemption; request for comments.
AGENCY:
VerDate Sep<11>2014
18:57 Mar 27, 2019
Jkt 247001
FMCSA requests public
comment on an application for
exemption from Laydon Composites
Ltd. (Laydon) to allow motor carriers to
operate commercial motor vehicles
(CMVs) that are equipped with Laydon’s
OptiTailTM 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 OptiTailTM
aerodynamic device is currently
mounted slightly below the roof of the
vehicle, Laydon 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. Laydon believes that locating the
rear identification lamps and rear
clearance lamps lower on the vehicle,
on a horizontal plane with other
required lamps (stop, turn, and tail
lamps) as is done on a flatbed trailer or
an intermodal chassis, will maintain a
level of safety that is equivalent to, or
greater than, the level of safety achieved
without the exemption.
DATES: Comments must be received on
or before April 29, 2019.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket ID FMCSA–
2019–0070 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
SUMMARY:
PO 00000
Frm 00120
Fmt 4703
Sfmt 4703
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 selfaddressed, stamped envelope or
postcard or print the acknowledgment
page that appears after submitting
comments online.
FOR FURTHER INFORMATION CONTACT: Mr.
Jose Cestero, Vehicle and Roadside
Operations Division, Office of 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
Under Agency regulations, FMCSA
must publish a notice of each exemption
request in the Federal Register (49 CFR
381.315(a)). The Agency must provide
the public 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
E:\FR\FM\28MRN1.SGM
28MRN1
Federal Register / Vol. 84, No. 60 / Thursday, March 28, 2019 / Notices
amozie on DSK9F9SC42PROD with NOTICES
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)).
Laydon Application for Exemption
Laydon, on behalf of motor carriers
utilizing its OptiTailTM aerodynamic
devices, applied for an exemption from
49 CFR 393.11 to allow rear
identification lamps and rear clearance
lamps to be mounted lower than
currently permitted by the Agency’s
regulations. A copy of the application is
included in the docket referenced at the
beginning of this notice.
Table 1 of § 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.
Laydon is wholly owned by WABCO
Europe BVBA, with headquarters in
Brussels, Belgium. Laydon and WABCO
have developed a trailer collapsible boat
tail technology which improves the
overall tractor trailer aerodynamic
efficiency. The OptiTailTM systems,
both the fully auto and manual versions,
are currently installed to the rear doors
of a CMV trailer such that the upper
panels are below the trailer’s
identification and clearance lamps.
Laydon notes that installing the upper
panels below the identification lights—
about 1.25 to 3 inches below the trailer
roof—is not the ideal aerodynamic
condition, and that the upper panels
could yield better aerodynamic flow
characteristics if they were mounted
flush with the trailer roof. However,
VerDate Sep<11>2014
18:57 Mar 27, 2019
Jkt 247001
mounting the upper panel of the
OptiTailTM system flush with the roof
will block the full view of the trailer
identification and clearance lights, in
violation of section 393.11 of the
FMCSRs.
Laydon is requesting the exemption to
allow trailers using its OptiTailTM
system to have the required
identification and clearance lights
mounted lower than currently
permitted, and at the same required
location for flatbed trailers and
intermodal chassis. Laydon states that
while it has conducted (1) computer
simulation analysis, (2) scaled wind
tunnel testing, and (3) full scale
environmental testing of the flush roof
mounted configuration, the temporary
exemption is necessary to complete
actual performance testing in full
environmental conditions by various
fleet operators located in multiple areas
of the U.S. and with different standard
travel routes.
In its application, Laydon states:
The safety impact of the proposed 49 CFR
393.11 exemption would be similar to
existing CMVs already in operation, provided
the relocation or addition of lower level
identification and clearance lamps are
installed on the CMV. Assuming additional
lamps are installed lower on the trailer and
just not relocated, the improved OptiTailTM,
auto version (AutoTail), would still have the
existing centerline identification lamp and
both clearance lamps visible when the trailer
is traveling at slow speeds. Our AutoTail is
self-deploying and self-retracting. The
AutoTail will remain retracted until the
tractor reaches a speed of approximately 40
mph and remain open until the tractor
reduces speed to approximately 6 mph. The
AutoTail will continue to remain closed as
long as the trailer does not exceed 40 mph.
As a result the current centerline
identification and clearance lights would be
visible when the tractor trailer is stopped at
a traffic light or other slow speed road
condition. We are not advocating that this is
sufficient to allow the exemption without
additional clearance and identification lamps
installed lower on the trailer. All CMV
trailers have conspicuity materials installed
across the width of the trailer. These reflex
reflectors will still be visible with the
OptiTailTM deployed or retracted. Both the
two clearance and three identification lights
should be relocated or additionally added to
the approximate horizontal plane with other
rear lamps. These are generally regarded as
the brake and running lamps. This location
is the same as found on some CMVs, such as
flatbed trailers, with or without ‘‘curtain
sides’’ and intermodal chassis trailers. Now
is the time for all good men to come to the
aid of their country.
Laydon states that without the
exemption, it will be unable to establish
and verify the maximum fuel economy
and environmental impacts of the
OptiTailTM system, which could have
PO 00000
Frm 00121
Fmt 4703
Sfmt 4703
11859
long term impacts on meeting future
greenhouse gas or California Air
Resources Board fuel economy
requirements.
Request for Comments
In accordance with 49 U.S.C. 31315
and 31136(e), FMCSA requests public
comment from all interested persons on
Laydon’s application for an exemption
from 49 CFR 393.11. All comments
received before the close of business on
the comment closing date indicated at
the beginning of this notice will be
considered and will be available for
examination in the docket at the
location listed under the ADDRESSES
section of this notice.
Comments received after the comment
closing date will be filed in the public
docket and will be considered to the
extent practicable. In addition to late
comments, FMCSA will also continue to
file, in the public docket, relevant
information that becomes available after
the comment closing date. Interested
persons should continue to examine the
public docket for new material.
Issued on: March 20, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019–05946 Filed 3–27–19; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2019–0006]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of applications for
exemption; request for comments.
AGENCY:
FMCSA announces receipt of
applications from nine individuals for
an exemption from the vision
requirement in the Federal Motor
Carrier Safety Regulations (FMCSRs) to
operate a commercial motor vehicle
(CMV) in interstate commerce. If
granted, the exemptions will enable
these individuals to operate CMVs in
interstate commerce without meeting
the vision requirement in one eye.
DATES: Comments must be received on
or before April 29, 2019.
ADDRESSES: You may submit comments
identified by the Federal Docket
Management System (FDMS) Docket No.
FMCSA–2019–0006 using any of the
following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
SUMMARY:
E:\FR\FM\28MRN1.SGM
28MRN1
Agencies
[Federal Register Volume 84, Number 60 (Thursday, March 28, 2019)]
[Notices]
[Pages 11858-11859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05946]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2019-0070]
Parts and Accessories Necessary for Safe Operation; Laydon
Composites Ltd. Application for an Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of application for exemption; request for comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA requests public comment on an application for exemption
from Laydon Composites Ltd. (Laydon) to allow motor carriers to operate
commercial motor vehicles (CMVs) that are equipped with Laydon's
OptiTail\TM\ 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 OptiTail\TM\ aerodynamic device is currently mounted slightly below
the roof of the vehicle, Laydon 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. Laydon believes that locating the rear identification
lamps and rear clearance lamps lower on the vehicle, on a horizontal
plane with other required lamps (stop, turn, and tail lamps) as is done
on a flatbed trailer or an intermodal chassis, will maintain a level of
safety that is equivalent to, or greater than, the level of safety
achieved without the exemption.
DATES: Comments must be received on or before April 29, 2019.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2019-0070 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. Jose 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
Under Agency regulations, FMCSA must publish a notice of each
exemption request in the Federal Register (49 CFR 381.315(a)). The
Agency must provide the public 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
[[Page 11859]]
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)).
Laydon Application for Exemption
Laydon, on behalf of motor carriers utilizing its OptiTail\TM\
aerodynamic devices, applied for an exemption from 49 CFR 393.11 to
allow rear identification lamps and rear clearance lamps to be mounted
lower than currently permitted by the Agency's regulations. A copy of
the application is included in the docket referenced at the beginning
of this notice.
Table 1 of Sec. 393.11, ``Required lamps and reflectors on
commercial motor vehicles,'' specifies the requirements for lamps,
reflective devices and associated equipment by the type of CMV. All
CMVs manufactured on or after December 25, 1968, must, at a minimum,
meet the applicable requirements of Federal Motor Vehicle Safety
Standard (FMVSS) No. 108, ``Lamps, reflective devices, and associated
equipment,'' in effect at the time of manufacture of the vehicle. Rear
identification lamps must be mounted as close as practicable to the top
of the vehicle. One lamp must be as close as practicable to the
vertical centerline and one on each side of the center lamp with the
lamp centers spaced not less than 6 inches or more than 12 inches
apart, and all on the same level. One rear clearance lamp must be
located on each side of the vertical centerline of the vehicle to
indicate overall width, both of which must be on the same level and as
high as practicable.
Laydon is wholly owned by WABCO Europe BVBA, with headquarters in
Brussels, Belgium. Laydon and WABCO have developed a trailer
collapsible boat tail technology which improves the overall tractor
trailer aerodynamic efficiency. The OptiTail\TM\ systems, both the
fully auto and manual versions, are currently installed to the rear
doors of a CMV trailer such that the upper panels are below the
trailer's identification and clearance lamps. Laydon notes that
installing the upper panels below the identification lights--about 1.25
to 3 inches below the trailer roof--is not the ideal aerodynamic
condition, and that the upper panels could yield better aerodynamic
flow characteristics if they were mounted flush with the trailer roof.
However, mounting the upper panel of the OptiTail\TM\ system flush with
the roof will block the full view of the trailer identification and
clearance lights, in violation of section 393.11 of the FMCSRs.
Laydon is requesting the exemption to allow trailers using its
OptiTail\TM\ system to have the required identification and clearance
lights mounted lower than currently permitted, and at the same required
location for flatbed trailers and intermodal chassis. Laydon states
that while it has conducted (1) computer simulation analysis, (2)
scaled wind tunnel testing, and (3) full scale environmental testing of
the flush roof mounted configuration, the temporary exemption is
necessary to complete actual performance testing in full environmental
conditions by various fleet operators located in multiple areas of the
U.S. and with different standard travel routes.
In its application, Laydon states:
The safety impact of the proposed 49 CFR 393.11 exemption would
be similar to existing CMVs already in operation, provided the
relocation or addition of lower level identification and clearance
lamps are installed on the CMV. Assuming additional lamps are
installed lower on the trailer and just not relocated, the improved
OptiTail\TM\, auto version (AutoTail), would still have the existing
centerline identification lamp and both clearance lamps visible when
the trailer is traveling at slow speeds. Our AutoTail is self-
deploying and self-retracting. The AutoTail will remain retracted
until the tractor reaches a speed of approximately 40 mph and remain
open until the tractor reduces speed to approximately 6 mph. The
AutoTail will continue to remain closed as long as the trailer does
not exceed 40 mph. As a result the current centerline identification
and clearance lights would be visible when the tractor trailer is
stopped at a traffic light or other slow speed road condition. We
are not advocating that this is sufficient to allow the exemption
without additional clearance and identification lamps installed
lower on the trailer. All CMV trailers have conspicuity materials
installed across the width of the trailer. These reflex reflectors
will still be visible with the OptiTail\TM\ deployed or retracted.
Both the two clearance and three identification lights should be
relocated or additionally added to the approximate horizontal plane
with other rear lamps. These are generally regarded as the brake and
running lamps. This location is the same as found on some CMVs, such
as flatbed trailers, with or without ``curtain sides'' and
intermodal chassis trailers. Now is the time for all good men to
come to the aid of their country.
Laydon states that without the exemption, it will be unable to
establish and verify the maximum fuel economy and environmental impacts
of the OptiTail\TM\ system, which could have long term impacts on
meeting future greenhouse gas or California Air Resources Board fuel
economy requirements.
Request for Comments
In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests
public comment from all interested persons on Laydon's application for
an exemption from 49 CFR 393.11. All comments received before the close
of business on the comment closing date indicated at the beginning of
this notice will be considered and will be available for examination in
the docket at the location listed under the ADDRESSES section of this
notice.
Comments received after the comment closing date will be filed in
the public docket and will be considered to the extent practicable. In
addition to late comments, FMCSA will also continue to file, in the
public docket, relevant information that becomes available after the
comment closing date. Interested persons should continue to examine the
public docket for new material.
Issued on: March 20, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-05946 Filed 3-27-19; 8:45 am]
BILLING CODE 4910-EX-P