Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Charles Machine Works Inc., 11862-11863 [2019-05952]

Download as PDF 11862 Federal Register / Vol. 84, No. 60 / Thursday, March 28, 2019 / Notices perform the driving tasks required to operate a commercial vehicle as stated in the FMCSA visual standards.’’ Mr. Zeigler reported that he has driven straight trucks for six years, accumulating 120,000 miles. He holds an operator’s license from Pennsylvania. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. IV. Request for Comments In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests public comment from all interested persons on the exemption petitions described in this notice. We will consider all comments and material received before the close of business on the closing date indicated in the dates section of the notice. Issued on: March 20, 2019. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2019–05950 Filed 3–27–19; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2019–0069] Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Charles Machine Works Inc. 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 Charles Machine Works, Inc.’s (CMW) application for an exemption from the Agency’s prohibition against the use of gravity or syphon-fed fuel systems for auxiliary equipment installed on or used in connection with commercial motor vehicles (CMVs). CMW believes that the use of gravity or syphon-fed fuel systems for auxiliary equipment that operates only when the CMV is parked would maintain a level of safety that is equivalent to, or greater than, the level that it would achieve without the requested 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– amozie on DSK9F9SC42PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:57 Mar 27, 2019 Jkt 247001 2019–0069 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 selfaddressed, stamped envelope or postcard or print the acknowledgment page that appears after submitting comments online. FOR FURTHER INFORMATION CONTACT: Mr. Luke W. Loy, Vehicle and Roadside Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC–PSV, (202) 366–0676, Luke.Loy@dot.gov, PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590– 0001. SUPPLEMENTARY INFORMATION: Background Under 49 U.S.C. 31315 and 31136(e), FMCSA may grant exemptions from the FMCSRs. Pursuant to the implementing 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 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)). CMW’s Application for Exemption CMW has applied for an exemption from 49 CFR 393.65(d) to allow the use of gravity or syphon fed fuel systems for auxiliary equipment installed on or used in connection with CMVs that operate only when the CMV is not operating on the highway. A copy of the application is included in the docket referenced at the beginning of this notice. Section 393.65 of the FMCSRs prescribes certain requirements that are applicable to all CMV fuel systems. The requirements in this section apply to systems for containing and supplying fuel for the operation of (1) motor vehicles or (2) auxiliary equipment installed on, or used in connection with, motor vehicles. Section 393.65(d) prohibits a fuel system from supplying fuel by gravity or syphon feed directly to the carburetor or injector. CMW is a family of companies focused on the installation, E:\FR\FM\28MRN1.SGM 28MRN1 Federal Register / Vol. 84, No. 60 / Thursday, March 28, 2019 / Notices maintenance, rehabilitation, and replacement of underground pipe and cable for the telecom, oil, electricity, gas, water, and wastewater industries. Its family of companies includes Ditch Witch®, Subsite® Electronics, DW/ TXS®, HammerHead®, Radius® HDD, American Augers®, Trencor® and MTI® Equipment. CMW designs, manufactures and sells a range of products to cover the full life-cycle of underground pipe and cable, including horizontal directional drills, walk and ride trenchers, utility loaders, vacuum excavators, asset locators, pipe rehabilitation solutions and after-market tools. Some of the equipment designed and manufactured by CMW utilize small, commercially available internal combustion engines to power auxiliary equipment that is permanently mounted on a CMV. CMW states that while auxiliary equipment that is permanently mounted to CMVs is considered part of the CMV and subject to the requirements of 49 CFR 393.65(d), it ‘‘has identified that currently there is uneven roadside enforcement with regard to the use of gravity fed fuel tanks on auxiliary equipment installed on or used in connection with commercial motor vehicles.’’ In support of its application, CMW states: amozie on DSK9F9SC42PROD with NOTICES Most small commercially available internal combustion engines used on auxiliary equipment are equipped from the factory with gravity fed fuel tanks attached to the engine . . . The cost of modifying these small internal combustion engines to remove the fuel tank from the engine and to reengineer the fuel delivery system to use a fuel pump to pump fuel from the now removed fuel tank to the internal combustion engine requires electrical wiring to be run from the commercial motor vehicle to operate the fuel pump. Manufacturers who have gone to this additional expense, question the reasoning of removing the fuel tank from above the engine and placing it beside the engine and equipping the system with a fuel pump to transfer fuel from the tank to the engine. Since the auxiliary equipment only operates when the CMV is not operating on the highway there does not seem to be any legitimate safety reason for this requirement. A review of previous Federal Register notices does not describe why this requirement was added for fuel systems for auxiliary equipment on commercial motor vehicles, when this equipment is not operating while the CMV is operating on the highway. The exemption would permit CMW and all other CMV operators to utilize auxiliary equipment with gravity fed fuel systems when the CMV is not operating on the highway. CMW believes that granting the temporary exemption will maintain a level of VerDate Sep<11>2014 18:57 Mar 27, 2019 Jkt 247001 safety that is equivalent to or greater than the level of safety achieved without the exemption because the auxiliary equipment will not be operating while the CMV is operating on the highway. CMW ‘‘believes that because the engine on the auxiliary equipment will not be operating while the CMV is traveling on the highway, so the potential risk of gravity fed fuel systems leaking on a hot or operating engine will not be possible, thereby eliminating the possibility of fire from the auxiliary equipment.’’ Request for Comments In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests public comment from all interested persons on CMW’s application for an exemption from the requirements of 49 CFR 393.65(d). 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 21, 2019. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2019–05952 Filed 3–27–19; 8:45 am] 11863 an exemption from the hours-of-service electronic logging device rule. Due to an error, the name of the first applicant listed in that publication was twice misstated. This notice makes it clear that the name of the first applicant is Power & Communication Contractors Association. DATES: Applicable on December 7, 2018. FOR FURTHER INFORMATION CONTACT: For information concerning this notice, contact Ms. Pearlie Robinson, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; Telephone: (202) 366– 4225. 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: Correction In the Federal Register of December 7, 2018, correct page 63194 as follows: In the first column, correct the name of the first applicant listed in the Summary second sentence to read ‘‘Power & Communication Contractors Association.’’ In the third column, correct the subheading to read, ‘‘Power & Communication Contractors Association.’’ Issued on: March 20, 2019. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2019–05951 Filed 3–27–19; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION BILLING CODE 4910–EX–P Federal Motor Carrier Safety Administration DEPARTMENT OF TRANSPORTATION [Docket No. FMCSA–2018–0320] Federal Motor Carrier Safety Administration Qualification of Drivers; Exemption Applications; Narcolepsy [Dockets No. FMCSA–2017–0243, FMCSA– 2017–0296, FMCSA–2017–0337, FMCSA– 2017–0340, FMCSA–2017–0342, FMCSA– 2017–0356, FMCSA–2017–0361, FMCSA– 2017–0373, FMCSA–2018–0003, FMCSA– 2017–0336] AGENCY: Hours of Service (HOS) of Drivers; Applications for Exemption From the Electronic Logging Device Rule Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition: Denial of applications for exemption; correction. AGENCY: The Federal Motor Carrier Safety Administration published its decision in the Federal Register of December 7, 2018, to deny 10 applicants SUMMARY: PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of denial. FMCSA announces its decision to deny the application from one individual who requested an exemption from the Federal Motor Carrier Safety Regulations (FMCSRs) prohibiting operation of a commercial motor vehicle (CMV) in interstate commerce by persons with either a clinical diagnosis of epilepsy or any other condition that is likely to cause a loss of consciousness or any loss of ability to control a CMV, or a mental, nervous, organic, or functional disease or psychiatric disorder likely to interfere with his/her ability to drive a commercial motor vehicle safely. SUMMARY: E:\FR\FM\28MRN1.SGM 28MRN1

Agencies

[Federal Register Volume 84, Number 60 (Thursday, March 28, 2019)]
[Notices]
[Pages 11862-11863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05952]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0069]


Parts and Accessories Necessary for Safe Operation; Application 
for an Exemption From Charles Machine Works Inc.

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 Charles Machine Works, Inc.'s (CMW) 
application for an exemption from the Agency's prohibition against the 
use of gravity or syphon-fed fuel systems for auxiliary equipment 
installed on or used in connection with commercial motor vehicles 
(CMVs). CMW believes that the use of gravity or syphon-fed fuel systems 
for auxiliary equipment that operates only when the CMV is parked would 
maintain a level of safety that is equivalent to, or greater than, the 
level that it would achieve without the requested 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-2019-0069 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. Luke W. Loy, Vehicle and Roadside 
Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC-
PSV, (202) 366-0676, [email protected], Federal Motor Carrier Safety 
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION: 

Background

    Under 49 U.S.C. 31315 and 31136(e), FMCSA may grant exemptions from 
the FMCSRs. Pursuant to the implementing 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 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)).

CMW's Application for Exemption

    CMW has applied for an exemption from 49 CFR 393.65(d) to allow the 
use of gravity or syphon fed fuel systems for auxiliary equipment 
installed on or used in connection with CMVs that operate only when the 
CMV is not operating on the highway. A copy of the application is 
included in the docket referenced at the beginning of this notice.
    Section 393.65 of the FMCSRs prescribes certain requirements that 
are applicable to all CMV fuel systems. The requirements in this 
section apply to systems for containing and supplying fuel for the 
operation of (1) motor vehicles or (2) auxiliary equipment installed 
on, or used in connection with, motor vehicles. Section 393.65(d) 
prohibits a fuel system from supplying fuel by gravity or syphon feed 
directly to the carburetor or injector.
    CMW is a family of companies focused on the installation,

[[Page 11863]]

maintenance, rehabilitation, and replacement of underground pipe and 
cable for the telecom, oil, electricity, gas, water, and wastewater 
industries. Its family of companies includes Ditch Witch[supreg], 
Subsite[supreg] Electronics, DW/TXS[supreg], HammerHead[supreg], 
Radius[supreg] HDD, American Augers[supreg], Trencor[supreg] and 
MTI[supreg] Equipment. CMW designs, manufactures and sells a range of 
products to cover the full life-cycle of underground pipe and cable, 
including horizontal directional drills, walk and ride trenchers, 
utility loaders, vacuum excavators, asset locators, pipe rehabilitation 
solutions and after-market tools.
    Some of the equipment designed and manufactured by CMW utilize 
small, commercially available internal combustion engines to power 
auxiliary equipment that is permanently mounted on a CMV. CMW states 
that while auxiliary equipment that is permanently mounted to CMVs is 
considered part of the CMV and subject to the requirements of 49 CFR 
393.65(d), it ``has identified that currently there is uneven roadside 
enforcement with regard to the use of gravity fed fuel tanks on 
auxiliary equipment installed on or used in connection with commercial 
motor vehicles.''
    In support of its application, CMW states:

    Most small commercially available internal combustion engines 
used on auxiliary equipment are equipped from the factory with 
gravity fed fuel tanks attached to the engine . . . The cost of 
modifying these small internal combustion engines to remove the fuel 
tank from the engine and to re-engineer the fuel delivery system to 
use a fuel pump to pump fuel from the now removed fuel tank to the 
internal combustion engine requires electrical wiring to be run from 
the commercial motor vehicle to operate the fuel pump. Manufacturers 
who have gone to this additional expense, question the reasoning of 
removing the fuel tank from above the engine and placing it beside 
the engine and equipping the system with a fuel pump to transfer 
fuel from the tank to the engine. Since the auxiliary equipment only 
operates when the CMV is not operating on the highway there does not 
seem to be any legitimate safety reason for this requirement. A 
review of previous Federal Register notices does not describe why 
this requirement was added for fuel systems for auxiliary equipment 
on commercial motor vehicles, when this equipment is not operating 
while the CMV is operating on the highway.

    The exemption would permit CMW and all other CMV operators to 
utilize auxiliary equipment with gravity fed fuel systems when the CMV 
is not operating on the highway. CMW believes that granting the 
temporary exemption will maintain a level of safety that is equivalent 
to or greater than the level of safety achieved without the exemption 
because the auxiliary equipment will not be operating while the CMV is 
operating on the highway. CMW ``believes that because the engine on the 
auxiliary equipment will not be operating while the CMV is traveling on 
the highway, so the potential risk of gravity fed fuel systems leaking 
on a hot or operating engine will not be possible, thereby eliminating 
the possibility of fire from the auxiliary equipment.''

Request for Comments

    In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests 
public comment from all interested persons on CMW's application for an 
exemption from the requirements of 49 CFR 393.65(d). 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 21, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-05952 Filed 3-27-19; 8:45 am]
 BILLING CODE 4910-EX-P

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