Parts and Accessories Necessary for Safe Operation; Exemption Application From Encore Building Products, 5399-5400 [2023-01602]
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Federal Register / Vol. 88, No. 18 / Friday, January 27, 2023 / Notices
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Karla S. Petty,
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Arizona.
[FR Doc. 2023–01630 Filed 1–26–23; 8:45 am]
BILLING CODE 4910–RY–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
khammond on DSKJM1Z7X2PROD with NOTICES
[Docket No. FMCSA–2022–0242]
Parts and Accessories Necessary for
Safe Operation; Exemption Application
From Encore Building Products
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of application for
exemption; request for comments.
AGENCY:
VerDate Sep<11>2014
16:53 Jan 26, 2023
Jkt 259001
The Federal Motor Carrier
Safety Administration (FMCSA)
requests public comment on Encore
Building Products’ (Encore) application
for an exemption from the requirement
that lighting devices be steady burning.
The exemption would allow the
company to operate commercial motor
vehicles (CMVs), equipped with a
module manufactured by Intellistop,
Inc. (Intellistop) which pulses the rear
clearance, identification, and brake
lamps from low-level lighting intensity
to high-level lighting intensity 4 times
in 2 seconds when the brakes are
applied. FMCSA requests public
comment on the applicant’s request for
exemption.
DATES: Comments must be received on
or before February 27, 2023.
ADDRESSES: You may submit comments
identified by Federal Docket
Management System (FDMS) Number
FMCSA–2022–0242 by any of the
following methods:
• Federal eRulemaking Portal:
www.regulations.gov. See the Public
Participation and Request for Comments
section below for further information.
• Mail: Dockets Operations, U.S.
Department of Transportation, 1200
New Jersey Avenue SE, West Building,
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery or Courier: West
Building, Ground Floor, Room W12–
140, 1200 New Jersey Avenue SE,
between 9 a.m. and 5 p.m. E.T., Monday
through Friday, except Federal holidays.
• Fax: (202) 493–2251.
Each submission must include the
Agency name and the docket number
(FMCSA–2022–0242) for this notice.
Note that DOT posts all comments
received without change to
www.regulations.gov, including any
personal information included in a
comment. Please see the Privacy Act
heading below.
Docket: For access to the docket to
read background documents or
comments, go to www.regulations.gov at
any time or visit Room W12–140 on the
ground level of the West Building, 1200
New Jersey Avenue SE, Washington,
DC, between 9 a.m. and 5 p.m., ET,
Monday through Friday, except Federal
holidays. To be sure someone is there to
help you, please call (202) 366–9317 or
(202) 366–9826 before visiting Dockets
Operations.
Privacy Act: In accordance with 49
U.S.C. 31315(b), DOT solicits comments
from the public to better inform its
exemption process. DOT posts these
comments, without edit, including any
personal information the commenter
provides, to www.regulations.gov. As
SUMMARY:
PO 00000
Frm 00101
Fmt 4703
Sfmt 4703
5399
described in the system of records
notice DOT/ALL 14–FDMS, which can
be reviewed at https://
www.transportation.gov/privacy, the
comments are searchable by the name of
the submitter.
FOR FURTHER INFORMATION CONTACT: Mr.
Jose´ R. Cestero, Vehicle and Roadside
Operations Division, Office of Carrier,
Driver, and Vehicle Safety, FMCSA, at
(202) 366–5541, or by email at
jose.cestero@dot.gov.
If you have questions on viewing or
submitting material to the docket,
contact Dockets Operations at (202)
366–9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for
Comments
FMCSA encourages you to participate
by submitting comments and related
materials.
Submitting Comments
If you submit a comment, please
include the docket number for this
notice (FMCSA–2022–0242), indicate
the specific section of this document to
which the comment applies, and
provide a reason for suggestions or
recommendations. You may submit
your comments and material online or
by fax, mail, or hand delivery, but
please use only one of these means.
FMCSA recommends that you include
your name and a mailing address, an
email address, or a phone number in the
body of your document so the Agency
can contact you if it has questions
regarding your submission.
To submit your comment online, go to
www.regulations.gov and put the docket
number ‘‘FMCSA–2022–0242’’ in the
keyword box, and click ‘‘Search.’’ Next,
sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed,
click the ‘‘Comment’’ button, and type
your comment into the text box on the
following screen. Choose whether you
are submitting your comment as an
individual or on behalf of a third party
and then submit. If you submit your
comments by mail or hand delivery,
submit them in an unbound format, no
larger than 81⁄2 by 11 inches, suitable for
copying and electronic filing. If you
submit comments by mail and would
like to know that they reached the
facility, please enclose a stamped, selfaddressed postcard or envelope. FMCSA
will consider all comments and material
received during the comment period.
II. Legal Basis
FMCSA has authority under 49 U.S.C.
31136(e) and 31315(b) to grant
exemptions from Federal Motor Carrier
Safety Regulations (FMCSRs). FMCSA
E:\FR\FM\27JAN1.SGM
27JAN1
5400
Federal Register / Vol. 88, No. 18 / Friday, January 27, 2023 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
must publish a notice of each exemption
request in the Federal Register (49 CFR
381.315(a)). The Agency must provide
the public an opportunity to inspect the
information relevant to the application,
including any safety analyses that have
been conducted. The Agency must
provide an opportunity for public
comment on the request.
The Agency reviews safety analyses
and public comments submitted and
determines whether granting the
exemption would likely achieve a level
of safety equivalent to, or greater than,
the level that would be achieved by the
current regulation (49 CFR 381.305).
The Agency must publish its decision in
the Federal Register (49 CFR
381.315(b)) with the reasons for denying
or granting the application and, if
granted, the name of the person or class
of persons receiving the exemption and
the regulatory provision from which the
exemption is granted. The notice must
specify the effective period and explain
the terms and conditions of the
exemption. The exemption may be
renewed (49 CFR 381.300(b)).
III. Encore’s Request
Encore seeks an exemption from the
requirement in 49 CFR 393.25(e) that all
exterior lamps (both required lamps and
any additional lamps) be steadyburning, except for turn signal lamps,
hazard warning signal lamps, school bus
warning lamps, amber warning lamps or
flashing warning lamps on tow trucks
and CMVs transporting oversized loads,
and warning lamps on emergency and
service vehicles authorized by State or
local authorities.
Encore asserts that using the
Intellistop module, which pulses the
rear clearance, identification, and brake
lamps from low-level lighting intensity
to high-level lighting intensity 4 times
in 2 seconds when the brakes are
applied rather than providing steady
burning lamps during the first 2
seconds, would enhance rear signal
systems. Encore submits that pulsing
the rear brake lamps of a CMV may
significantly increase visibility and
reduce the frequency of rear-end
crashes, and thus would maintain a
level of safety that is equivalent to, or
greater than, the level that the CMV
would achieve without the requested
exemption.
On October 7, 2022 (87 FR 61133),
FMCSA denied Intellistop’s application
for an industry-wide exemption to allow
all motor carriers to operate commercial
motor vehicles (CMVs) equipped with
Intellistop’s module. FMCSA noted that
the decision did not preclude individual
motor carriers from seeking an
exemption from 49 CFR 393.25(e) to
VerDate Sep<11>2014
16:53 Jan 26, 2023
Jkt 259001
purchase, install, and use Intellistop’s
device subject to terms and conditions
to allow sufficient monitoring of the use
of the device. Therefore, consistent with
the October 7, 2022, decision, the
Agency seeks public comment on
Encore’s carrier-specific exemption
application.
A copy of Encore’s application is
included in the docket referenced at the
beginning of this notice.
IV. Request for Comments
In accordance with 49 U.S.C.
31315(b), FMCSA requests public
comment from all interested persons on
Encore’s application for a five-year
exemption from 49 CFR 393.25(e) to
allow the company to operate CMVs
equipped with Intellistop’s module
which pulses the rear clearance,
identification and brake lamps from
low-level lighting intensity to high-level
lighting intensity 4 times in 2 seconds
when the brakes are applied.
All comments received before the
close of business on the comment
closing date 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 may 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.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2023–01602 Filed 1–26–23; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
FY 2023 Competitive Funding
Opportunity: Low or No Emission
Grant Program and the Grants for
Buses and Bus Facilities Competitive
Program
Federal Transit Administration
(FTA), DOT.
ACTION: Notice of funding opportunity
(NOFO).
AGENCY:
The Federal Transit
Administration (FTA) announces the
opportunity to apply for approximately
$1.22 billion in competitive grants
under the fiscal year (FY) 2023 Low or
No Emission Grant Program (Low-No
Program) (Federal Assistance Listing:
SUMMARY:
PO 00000
Frm 00102
Fmt 4703
Sfmt 4703
20.526) and approximately $469 million
in competitive grants under the FY 2023
Grants for Buses and Bus Facilities
Program (Buses and Bus Facilities
Program) (Federal Assistance Listing
20.526), subject to availability of
appropriated funding.
DATES: Complete proposals must be
submitted electronically through the
GRANTS.GOV ‘‘APPLY’’ function by
11:59 p.m. Eastern time on April 13,
2023. Prospective applicants should
initiate the process by registering on the
GRANTS.GOV website promptly to
ensure completion of the application
process before the submission deadline.
ADDRESSES: Instructions for applying
can be found on FTA’s website at
https://www.transit.dot.gov/howtoapply
and in the ‘‘FIND’’ module of
GRANTS.GOV. The funding
opportunity ID is FTA–2023–002–TPM–
LWNO for Low-No applications and
FTA–2023–003–TPM–BUS for Buses
and Bus Facilities applications. Please
note, if an applicant is choosing to
apply to both programs, the applicant
must submit a separate GRANTS.GOV
package to each opportunity ID.
Applicants should also select both
programs and respond to all questions
needed for both programs on the
supplemental form. Mail and fax
submissions will not be accepted.
FOR FURTHER INFORMATION CONTACT:
Either Program may be contacted by
email at FTALowNoBusNOFO@dot.gov,
or applicants may call Margaretta Veltri,
FTA Office of Program Management, at
202–366–5094.
SUPPLEMENTARY INFORMATION: As
required by Federal public
transportation law, Low or No Emission
Grant Program funds will be awarded
competitively for the purchase or lease
of low or no emission vehicles that use
advanced technologies for transit
revenue operations, including related
equipment or facilities. As required by
Federal public transportation law, Buses
and Bus Facilities Program funds will be
awarded competitively to assist in the
financing of capital projects to replace,
rehabilitate, purchase or lease buses and
related equipment, and to rehabilitate,
purchase, construct or lease bus-related
facilities. Zero-emission projects will
include costs for workforce
development, unless the applicant
certifies funds are not needed for this
purpose. In general, projects may
include costs incidental to the
acquisition of buses or to the
construction of facilities, such as the
costs of related workforce development
and training activities, and project
administration expenses. As these two
programs have overlapping eligibilities
E:\FR\FM\27JAN1.SGM
27JAN1
]]>Agencies
[Federal Register Volume 88, Number 18 (Friday, January 27, 2023)]
[Notices]
[Pages 5399-5400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01602]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2022-0242]
Parts and Accessories Necessary for Safe Operation; Exemption
Application From Encore Building Products
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 Encore Building Products' (Encore)
application for an exemption from the requirement that lighting devices
be steady burning. The exemption would allow the company to operate
commercial motor vehicles (CMVs), equipped with a module manufactured
by Intellistop, Inc. (Intellistop) which pulses the rear clearance,
identification, and brake lamps from low-level lighting intensity to
high-level lighting intensity 4 times in 2 seconds when the brakes are
applied. FMCSA requests public comment on the applicant's request for
exemption.
DATES: Comments must be received on or before February 27, 2023.
ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Number FMCSA-2022-0242 by any of the following
methods:
Federal eRulemaking Portal: www.regulations.gov. See the
Public Participation and Request for Comments section below for further
information.
Mail: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m.
E.T., Monday through Friday, except Federal holidays.
Fax: (202) 493-2251.
Each submission must include the Agency name and the docket number
(FMCSA-2022-0242) for this notice. Note that DOT posts all comments
received without change to www.regulations.gov, including any personal
information included in a comment. Please see the Privacy Act heading
below.
Docket: For access to the docket to read background documents or
comments, go to www.regulations.gov at any time or visit Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday,
except Federal holidays. To be sure someone is there to help you,
please call (202) 366-9317 or (202) 366-9826 before visiting Dockets
Operations.
Privacy Act: In accordance with 49 U.S.C. 31315(b), DOT solicits
comments from the public to better inform its exemption 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
https://www.transportation.gov/privacy, the comments are searchable by
the name of the submitter.
FOR FURTHER INFORMATION CONTACT: Mr. Jos[eacute] R. Cestero, Vehicle
and Roadside Operations Division, Office of Carrier, Driver, and
Vehicle Safety, FMCSA, at (202) 366-5541, or by email at
[email protected].
If you have questions on viewing or submitting material to the
docket, contact Dockets Operations at (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for Comments
FMCSA encourages you to participate by submitting comments and
related materials.
Submitting Comments
If you submit a comment, please include the docket number for this
notice (FMCSA-2022-0242), indicate the specific section of this
document to which the comment applies, and provide a reason for
suggestions or recommendations. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so the Agency can contact you if it has questions
regarding your submission.
To submit your comment online, go to www.regulations.gov and put
the docket number ``FMCSA-2022-0242'' in the keyword box, and click
``Search.'' Next, sort the results by ``Posted (Newer-Older),'' choose
the first notice listed, click the ``Comment'' button, and type your
comment into the text box on the following screen. Choose whether you
are submitting your comment as an individual or on behalf of a third
party and then submit. If you submit your comments by mail or hand
delivery, submit them in an unbound format, no larger than 8\1/2\ by 11
inches, suitable for copying and electronic filing. If you submit
comments by mail and would like to know that they reached the facility,
please enclose a stamped, self-addressed postcard or envelope. FMCSA
will consider all comments and material received during the comment
period.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant
exemptions from Federal Motor Carrier Safety Regulations (FMCSRs).
FMCSA
[[Page 5400]]
must publish a notice of each exemption request in the Federal Register
(49 CFR 381.315(a)). The Agency must provide the public an opportunity
to inspect the information relevant to the application, including any
safety analyses that have been conducted. The Agency must provide an
opportunity for public comment on the request.
The Agency reviews safety analyses and public comments submitted
and determines whether granting the exemption would likely achieve a
level of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305). The Agency must
publish its decision in the Federal Register (49 CFR 381.315(b)) with
the reasons for denying or granting the application and, if granted,
the name of the person or class of persons receiving the exemption and
the regulatory provision from which the exemption is granted. The
notice must specify the effective period and explain the terms and
conditions of the exemption. The exemption may be renewed (49 CFR
381.300(b)).
III. Encore's Request
Encore seeks an exemption from the requirement in 49 CFR 393.25(e)
that all exterior lamps (both required lamps and any additional lamps)
be steady-burning, except for turn signal lamps, hazard warning signal
lamps, school bus warning lamps, amber warning lamps or flashing
warning lamps on tow trucks and CMVs transporting oversized loads, and
warning lamps on emergency and service vehicles authorized by State or
local authorities.
Encore asserts that using the Intellistop module, which pulses the
rear clearance, identification, and brake lamps from low-level lighting
intensity to high-level lighting intensity 4 times in 2 seconds when
the brakes are applied rather than providing steady burning lamps
during the first 2 seconds, would enhance rear signal systems. Encore
submits that pulsing the rear brake lamps of a CMV may significantly
increase visibility and reduce the frequency of rear-end crashes, and
thus would maintain a level of safety that is equivalent to, or greater
than, the level that the CMV would achieve without the requested
exemption.
On October 7, 2022 (87 FR 61133), FMCSA denied Intellistop's
application for an industry-wide exemption to allow all motor carriers
to operate commercial motor vehicles (CMVs) equipped with Intellistop's
module. FMCSA noted that the decision did not preclude individual motor
carriers from seeking an exemption from 49 CFR 393.25(e) to purchase,
install, and use Intellistop's device subject to terms and conditions
to allow sufficient monitoring of the use of the device. Therefore,
consistent with the October 7, 2022, decision, the Agency seeks public
comment on Encore's carrier-specific exemption application.
A copy of Encore's application is included in the docket referenced
at the beginning of this notice.
IV. Request for Comments
In accordance with 49 U.S.C. 31315(b), FMCSA requests public
comment from all interested persons on Encore's application for a five-
year exemption from 49 CFR 393.25(e) to allow the company to operate
CMVs equipped with Intellistop's module which pulses the rear
clearance, identification and brake lamps from low-level lighting
intensity to high-level lighting intensity 4 times in 2 seconds when
the brakes are applied.
All comments received before the close of business on the comment
closing date 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 may 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.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2023-01602 Filed 1-26-23; 8:45 am]
BILLING CODE 4910-EX-P
