Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Laydon Composites Ltd., 29784-29787 [2020-10593]
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Federal Register / Vol. 85, No. 96 / Monday, May 18, 2020 / Notices
will be required to take 10 consecutive
hours off duty, like other drivers. An
opportunity for 8 consecutive hours of
sleep should eliminate the possibility of
cumulative fatigue the next day.
Although FMCSA believes the 14hour limit helps to reduce the risks of
drivers operating while fatigued, the
current HOS regulations allow shorthaul drivers, who are not required to
possess a CDL, a 16-hour driving
window once a week, providing certain
conditions are met. The Agency believes
that the requisite level of safety will be
ensured by the limited amount of
driving that takes place during any
given work shift, combined with the
frequent breaks from the time on task
(driving) and continued compliance
with the requirement for 10 consecutive
hours off duty at the end of the work
shift.
Furthermore, FMCSA conducted a
comprehensive review of the motor
carrier’s safety performance, which
included a review of the Motor Carrier
Management Information System safety
records, and inspection and accident
reports submitted to FMCSA by State
agencies. Extreme Logistics possesses an
active USDOT registration, minimum
required levels of financial
responsibility, and is not subject to an
‘‘imminent hazard’’ or other out-ofservice order.
Finally, the carrier is not under
investigation by the Pipeline and
Hazardous Materials Safety
Administration, the Agency within the
Department responsible for the Federal
Hazardous Materials Regulations. The
applicant has a ‘‘satisfactory’’ safety
rating and a valid Hazardous Materials
Safety Permit from FMCSA.
In consideration of the above, FMCSA
grants Extreme Logistics an exemption
from the 14-hour rule covering June 28
through July 8, each year from 2020 to
2024.
VII. Terms and Conditions of the
Exemption
Period of the Exemption
The exemption from 49 CFR
395.3(a)(2) is effective from 12:01 a.m.
June 28 through 11:59 p.m. on July 8
local time, each year through 2024 for
the drivers employed by the applicant.
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Terms and Conditions of the Exemption
Drivers covered by this exemption
may exclude off-duty and sleeper-berth
time of any length from the calculation
of the 14-hour limit. This exemption is
limited to the drivers employed by
Extreme Logistics. The conditions of
this exemption are as follows:
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• Drivers must not drive more than 11
hours after accumulating 14 hours of onduty time;
• Drivers must have 10 consecutive
hours off duty following 14 hours on
duty prior to beginning a new driving
period;
• Extreme Logistics must maintain
USDOT registration, a Hazardous
Materials Safety Permit (if required),
and minimum levels of public liability
insurance, and must not be subject to an
‘‘imminent hazard’’ or other out-ofservice (OOS) order issued by FMCSA;
and
• Each driver covered by the
exemption must be in possession of the
exemption document and maintain a
valid CDL with required endorsements,
not be subject to an OOS order or
suspension of driving privileges, and
meet all physical qualifications required
by 49 CFR part 391.
The carrier and drivers must comply
with all other applicable requirements
of the Federal Motor Carrier Safety
Regulations (49 CFR parts 350–399) and
Hazardous Materials Regulations (49
CFR parts 105–180).
Preemption
In accordance with 49 U.S.C.
31315(d), as implemented by 49 CFR
381.600, during the period this
exemption is in effect, no State shall
enforce any law or regulation applicable
to interstate commerce that conflicts
with or is inconsistent with this
exemption with respect to a firm or
person operating under the exemption.
States may adopt the same exemption
with respect to operations in intrastate
commerce.
FMCSA Notification
The applicant must notify FMCSA
within 5 business days of any accident
(as defined by 49 CFR 390.5) involving
the operation of any of its CMVs while
under this exemption. The notification
must be emailed to MCPSD@DOT.GOV
and include the following information:
a. Name of the Exemption: ‘‘Extreme
Logistics’’;
b. Date of the accident;
c. City or town, and State, in which
the accident occurred, or which is
closest to the scene of the accident;
d. Driver’s name and driver’s license
State, number, and class;
e. Co-Driver’s name and driver’s
license State, number, and class;
f. Vehicle company number and
power unit license plate State and
number;
g. Number of individuals suffering
physical injury;
h. Number of fatalities;
i. The police-reported cause of the
accident;
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j. Whether the driver was cited for
violation of any traffic laws, or motor
carrier safety regulations; and
k. The total driving time and the total
on-duty time of the CMV driver at the
time of the accident.
In addition, if there are any injuries or
fatalities, the carrier must forward the
police accident report to MCPSD@
DOT.GOV as soon as available.
Termination
The FMCSA does not believe the
drivers covered by this exemption will
experience any deterioration of their
safety record. However, should this
occur, FMCSA will take all steps
necessary to protect the public interest,
including revoking the exemption. The
FMCSA will revoke the exemption
immediately for failure to comply with
its terms and conditions.
James A. Mullen,
Acting Administrator.
[FR Doc. 2020–10590 Filed 5–15–20; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2019–0070]
Parts and Accessories Necessary for
Safe Operation; Application for an
Exemption From Laydon Composites
Ltd.
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition; grant
of application for exemption.
AGENCY:
The FMCSA announces its
decision to grant Laydon Composites
Ltd.’s (Laydon) application for a limited
5-year exemption to allow motor
carriers to operate certain 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 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: Jose
Cestero, Vehicle and Roadside
Operations Division, Office of Carrier,
SUMMARY:
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Federal Register / Vol. 85, No. 96 / Monday, May 18, 2020 / Notices
Driver & Vehicle Safety Standards, MC–
PSV, (202) 366–5541; Federal Motor
Carrier Safety Administration, 1200
New Jersey Avenue SE, Washington, DC
20590–0001.
SUPPLEMENTARY INFORMATION:
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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)).
Laydon’s 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.
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
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
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vehicle. One lamp must be as close as
practicable to the vertical centerline and
one must be 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,
and both of these lamps must be on the
same level and as high as practicable.
Laydon is wholly owned by WABCO
Europe BVBA (i.e., private company
with limited liability), with
headquarters in Brussels, Belgium.
Laydon and WABCO have developed a
collapsible boat tail technology for
trailers which improves the overall
tractor trailer aerodynamic efficiency.
Both OptiTailTM options, the fully
automatic and manual versions,
currently are installed on the rear doors
of a CMV trailer with the upper panels
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 OptiTailTM system flush
with the roof will block 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, at the same location required
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. 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
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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.
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
long-term impacts on meeting future
greenhouse gas or California Air
Resources Board fuel economy
requirements.
Comments
On March 28, 2019, FMCSA
published a notice of the Laydon
application (84 FR 11858). The Agency
received one anonymous comment that
was not relevant to the exemption
application.
FMCSA Analysis
FMCSA agrees that it is important for
motorists to be able readily to
distinguish large trucks and trailers
from other 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
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Federal Register / Vol. 85, No. 96 / Monday, May 18, 2020 / Notices
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 them
with the longest sight preview possible.
On February 5, 2003, the National
Highway Traffic Safety Administration
(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, the three
identification lamps are not the only
means by which drivers 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
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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 as practicable
to a position 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
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.
It is important to note that Laydon is
proposing that the required clearance
and identification lights be relocated
lower on vehicles using the
aerodynamic devices, and is not simply
requesting an exemption from 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 reasons. First, as
Laydon 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
way 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
Laydon’s aerodynamic devices will pose
an unreasonable risk, especially given
the conspicuity requirements discussed
above. Second, S6.2.2 of FMVSS No.
108 directly addresses vehicle designs
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when required lamps or reflective
devices are obscured by motor vehicle
equipment such as ‘‘mirrors, snow
plows, wrecker booms, backhoes,
winches,’’ and also including Laydon’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[s] all applicable
requirements of this standard, including
photometry and visibility.’’ This is
exactly what Laydon is proposing to
do—to install the same clearance and
identification lamps, but in a lower
position on the vehicle.
Some fleets and small-scale operators
may not have the technical expertise to
move the identification and clearance
lamps to a lower position. FMCSA
notes, however, 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)), and this includes the
terms and conditions of this temporary
exemption. As such, if a motor carrier
chooses to use Laydon’s device, it must
ensure that the required lights are
properly moved and are fully
operational at all times.
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,
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 Laydon’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 Laydon
exemption application. 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 likely maintain a level of
safety that is equivalent to, or greater
than, the level of safety achieved
without the exemption. Granting the
exemption will also be consistent with
the Agency’s February 14, 2018,
decision to grant an exemption for
motor carriers using a similar
aerodynamic device manufactured by
STEMCO LP (83 FR 6718).
Terms and Conditions for the
Exemption
The Agency hereby grants the
exemption for a five-year period,
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Federal Register / Vol. 85, No. 96 / Monday, May 18, 2020 / Notices
beginning May 18, 2020 and ending
May 19, 2025. During the temporary
exemption period, motor carriers will be
allowed to mount Laydon’s OptiTailTM
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 five 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 Laydon’s OptiTailTM
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
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.
James A. Mullen,
Acting Administrator.
[FR Doc. 2020–10593 Filed 5–15–20; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
Limitation on Claims Against Proposed
Public Transportation Projects
Federal Transit Administration
(FTA), DOT.
ACTION: Notice.
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AGENCY:
This notice announces final
environmental actions taken by the
Federal Transit Administration (FTA).
The purpose of this notice is to
announce publicly the environmental
SUMMARY:
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decisions by FTA on the subject project
and to activate the limitation on any
claims that may challenge these final
environmental actions.
DATES: By this notice, FTA is advising
the public of final agency actions
subject to 23 U.S.C. 139(l). A claim
seeking judicial review of FTA actions
announced herein for the listed public
transportation project will be barred
unless the claim is filed on or before
October 15, 2020.
FOR FURTHER INFORMATION CONTACT:
Nancy-Ellen Zusman, Assistant Chief
Counsel, Office of Chief Counsel, (312)
353–2577 or Saadat Khan,
Environmental Protection Specialist,
Office of Environmental Programs, (202)
366–9647. FTA is located at 1200 New
Jersey Avenue SE, Washington, DC
20590. Office hours are from 9:00 a.m.
to 5:00 p.m., Monday through Friday,
except Federal holidays.
SUPPLEMENTARY INFORMATION: Notice is
hereby given that FTA has taken final
agency actions by issuing certain
approvals for the public transportation
project listed below. The actions on the
project, as well as the laws under which
such actions were taken, are described
in the documentation issued in
connection with the project to comply
with the National Environmental Policy
Act (NEPA) and in other documents in
the FTA environmental project file for
the project. Interested parties may
contact either the project sponsor or the
relevant FTA Regional Office for more
information. Contact information for
FTA’s Regional Offices may be found at
https://www.fta.dot.gov.
This notice applies to all FTA
decisions on the listed project as of the
issuance date of this notice and all laws
under which such actions were taken,
including, but not limited to, NEPA [42
U.S.C. 4321–4375], Section 4(f)
requirements [23 U.S.C. 138, 49 U.S.C.
303], Section 106 of the National
Historic Preservation Act [54 U.S.C.
306108], Section 10 of the Rivers and
Harbors Act of 1899 [33 U.S.C. 403],
Clean Water Act [33 U.S.C. 1251] and
the Clean Air Act [42 U.S.C. 7401–
7671q]. This notice does not, however,
alter or extend the limitation period for
challenges of project decisions subject
to previous notices published in the
Federal Register.
The project and actions that are the
subject of this notice follow: Project
name and location: NJ Transitgrid
Traction Power System Project, Kearny
and Jersey City, New Jersey. Project
Sponsor: New Jersey Transit
Corporation, Newark, New Jersey.
Project description: The project consists
of a central, natural gas-fired power
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plant and transmission lines to traction
power substations that electrify the
tracks and operating controls on
portions of the NJ Transit and Amtrak
systems, the installation of up to 19.6
miles of new electrical lines, the
construction of two new electrical
substations in Kearny and Jersey City,
NJ, and the installation of emergency
generators at HBLR Headquarters in
Jersey City, NJ. Final agency action:
Section 4(f) individual use
determination; executed Section 106
Programmatic Agreement, dated January
16, 2020; NJ Transitgrid Traction Power
System Combined Final Environmental
Impact Statement (FEIS)/Record of
Decision (ROD), dated April 15, 2020.
Supporting Documentation: NJ
Transitgrid Traction Power System Draft
Environmental Impact Statement (DEIS),
dated, May 8, 2019. The Combined
FEIS/ROD and associated documents
can be viewed and downloaded from:
https://njtransitresilienceprogram.com/
documents/combined-finalenvironmental-impact-statementrecord-of-decision/.
Authority: 23 U.S.C. 139(l)(1).
Mark A. Ferroni,
Deputy Associate Administrator for Planning
and Environment.
[FR Doc. 2020–10505 Filed 5–15–20; 8:45 am]
BILLING CODE P
DEPARTMENT OF VETERANS
AFFAIRS
[OMB Control No. 2900–0559]
Agency Information Collection
Activity: State Cemetery Data Sheet
and Cemetery Grant Documents
National Cemetery
Administration, Department of Veterans
Affairs.
ACTION: Notice.
AGENCY:
The National Cemetery
Administration (NCA), Department of
Veterans Affairs (VA), is announcing an
opportunity for public comment on the
proposed collection of certain
information by the agency. Under the
Paperwork Reduction Act (PRA) of
1995, Federal agencies are required to
publish notice in the Federal Register
concerning each proposed collection of
information, including each revised
collection allow 30 days for public
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notice solicits comments on information
needed to determine when to begin
development of additional acreage for
burial space and, in so doing, to
anticipate when to provide money to
SUMMARY:
E:\FR\FM\18MYN1.SGM
18MYN1
]]>Agencies
[Federal Register Volume 85, Number 96 (Monday, May 18, 2020)]
[Notices]
[Pages 29784-29787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10593]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2019-0070]
Parts and Accessories Necessary for Safe Operation; Application
for an Exemption From Laydon Composites Ltd.
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition; grant of application for
exemption.
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SUMMARY: The FMCSA announces its decision to grant Laydon Composites
Ltd.'s (Laydon) application for a limited 5-year exemption to allow
motor carriers to operate certain 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 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: Jos[eacute] Cestero, Vehicle and
Roadside Operations Division, Office of Carrier,
[[Page 29785]]
Driver & Vehicle Safety Standards, 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)).
Laydon's 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.
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 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 must be 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, and both of these lamps must be on the same
level and as high as practicable.
Laydon is wholly owned by WABCO Europe BVBA (i.e., private company
with limited liability), with headquarters in Brussels, Belgium. Laydon
and WABCO have developed a collapsible boat tail technology for
trailers which improves the overall tractor trailer aerodynamic
efficiency. Both OptiTail\TM\ options, the fully automatic and manual
versions, currently are installed on the rear doors of a CMV trailer
with the upper panels 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 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, at the same location
required 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. 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.
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 long-term impacts
on meeting future greenhouse gas or California Air Resources Board fuel
economy requirements.
Comments
On March 28, 2019, FMCSA published a notice of the Laydon
application (84 FR 11858). The Agency received one anonymous comment
that was not relevant to the exemption application.
FMCSA Analysis
FMCSA agrees that it is important for motorists to be able readily
to distinguish large trucks and trailers from other 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
[[Page 29786]]
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 them with the longest sight
preview possible. On February 5, 2003, the National Highway Traffic
Safety Administration (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, the three identification lamps are not
the only means by which drivers 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 as practicable to a position 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 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.
It is important to note that Laydon is proposing that the required
clearance and identification lights be relocated lower on vehicles
using the aerodynamic devices, and is not simply requesting an
exemption from 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 reasons. First, as Laydon 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 way 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 Laydon's aerodynamic devices will pose an
unreasonable risk, especially given the conspicuity requirements
discussed above. Second, S6.2.2 of FMVSS No. 108 directly addresses
vehicle designs when required lamps or reflective devices are obscured
by motor vehicle equipment such as ``mirrors, snow plows, wrecker
booms, backhoes, winches,'' and also including Laydon'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[s] all applicable requirements of this standard,
including photometry and visibility.'' This is exactly what Laydon is
proposing to do--to install the same clearance and identification
lamps, but in a lower position on the vehicle.
Some fleets and small-scale operators may not have the technical
expertise to move the identification and clearance lamps to a lower
position. FMCSA notes, however, 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)), and this includes the terms and
conditions of this temporary exemption. As such, if a motor carrier
chooses to use Laydon's device, it must ensure that the required lights
are properly moved and are fully operational at all times.
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, 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 Laydon'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 Laydon exemption application. 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 likely maintain a level of safety
that is equivalent to, or greater than, the level of safety achieved
without the exemption. Granting the exemption will also be consistent
with the Agency's February 14, 2018, decision to grant an exemption for
motor carriers using a similar aerodynamic device manufactured by
STEMCO LP (83 FR 6718).
Terms and Conditions for the Exemption
The Agency hereby grants the exemption for a five-year period,
[[Page 29787]]
beginning May 18, 2020 and ending May 19, 2025. During the temporary
exemption period, motor carriers will be allowed to mount Laydon's
OptiTail\TM\ 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 five 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 Laydon's
OptiTail\TM\ 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 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.
James A. Mullen,
Acting Administrator.
[FR Doc. 2020-10593 Filed 5-15-20; 8:45 am]
BILLING CODE 4910-EX-P
