Parts and Accessories Necessary for Safe Operation; Exemption Application From Waymo LLC, and Aurora Operations, Inc., 13489-13490 [2023-04385]
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Federal Register / Vol. 88, No. 42 / Friday, March 3, 2023 / Notices
applications for renewal on their merits
and decided to extend each exemption
for a renewable 2-year period.
ddrumheller on DSK120RN23PROD with NOTICES1
III. Request for Comments
Interested parties or organizations
possessing information that would
otherwise show that any, or all, of these
drivers are not currently achieving the
statutory level of safety should
immediately notify FMCSA. The
Agency will evaluate any adverse
evidence submitted and, if safety is
being compromised or if continuation of
the exemption would not be consistent
with the goals and objectives of 49
U.S.C. 31136(e) and 31315(b), FMCSA
will take immediate steps to revoke the
exemption of a driver.
IV. Basis for Renewing Exemptions
In accordance with 49 U.S.C. 31136(e)
and 31315(b), each of the eight
applicants has satisfied the renewal
conditions for obtaining an exemption
from the epilepsy and seizure disorders
prohibition. The eight drivers in this
notice remain in good standing with the
Agency, have maintained their medical
monitoring and have not exhibited any
medical issues that would compromise
their ability to safely operate a CMV
during the previous 2-year exemption
period. In addition, for commercial
driver’s license (CDL) holders, the
Commercial Driver’s License
Information System and the Motor
Carrier Management Information System
are searched for crash and violation
data. For non-CDL holders, the Agency
reviews the driving records from the
State Driver’s Licensing Agency. These
factors provide an adequate basis for
predicting each driver’s ability to
continue to safely operate a CMV in
interstate commerce. Therefore, FMCSA
concludes that extending the exemption
for each renewal applicant for a period
of 2 years is likely to achieve a level of
safety equal to that existing without the
exemption.
As of March 17, 2023, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), the following eight
individuals have satisfied the renewal
conditions for obtaining an exemption
from the epilepsy and seizure disorders
prohibition in the FMCSRs for interstate
CMV drivers:
Kenneth Elder (KY)
Demetris Furman (SD)
Scott Habeck (SD)
Todd Hines (OH)
Scott Ready, Sr. (WI)
Harold Seaton (KY)
Thomas Smutnik (PA)
Tara Vanhorne (PA)
The drivers were included in docket
number FMCSA–2015–0323, FMCSA–
VerDate Sep<11>2014
19:33 Mar 02, 2023
Jkt 259001
2016–0007, FMCSA–2016–0008,
FMCSA–2018–0052, FMCSA–2019–
0036, FMCSA–2020–0046, or FMCSA–
2020–0047. Their exemptions are
applicable as of March 17, 2023 and will
expire on March 17, 2025.
V. Conditions and Requirements
The exemptions are extended subject
to the following conditions: (1) each
driver must remain seizure-free and
maintain a stable treatment during the
2-year exemption period; (2) each driver
must submit annual reports from their
treating physicians attesting to the
stability of treatment and that the driver
has remained seizure-free; (3) each
driver must undergo an annual medical
examination by a certified ME, as
defined by § 390.5; and (4) each driver
must provide a copy of the annual
medical certification to the employer for
retention in the driver’s qualification
file, or keep a copy of his/her driver’s
qualification file if he/she is selfemployed. The driver must also have a
copy of the exemption when driving, for
presentation to a duly authorized
Federal, State, or local enforcement
official. The exemption will be
rescinded if: (1) the person fails to
comply with the terms and conditions
of the exemption; (2) the exemption has
resulted in a lower level of safety than
was maintained before it was granted; or
(3) continuation of the exemption would
not be consistent with the goals and
objectives of 49 U.S.C. 31136(e) and
31315(b).
VI. Preemption
During the period the exemption is in
effect, no State shall enforce any law or
regulation that conflicts with this
exemption with respect to a person
operating under the exemption.
VII. Conclusion
Based on its evaluation of the eight
exemption applications, FMCSA renews
the exemptions of the aforementioned
drivers from the epilepsy and seizure
disorders prohibition in § 391.41(b)(8).
In accordance with 49 U.S.C. 31136(e)
and 31315(b), each exemption will be
valid for 2 years unless revoked earlier
by FMCSA.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2023–04386 Filed 3–2–23; 8:45 am]
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13489
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2023–0071]
Parts and Accessories Necessary for
Safe Operation; Exemption Application
From Waymo LLC, and Aurora
Operations, Inc.
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of application for
exemption; request for comments.
AGENCY:
FMCSA announces that it has
received an application from Waymo
LLC, and Aurora Operations, Inc.
(Waymo/Aurora) for a 5-year exemption
from the required placement of warning
devices around stopped commercial
motor vehicles (CMVs); the requirement
that lamps for warning devices be
steady-burning; and the utilization of a
warning device for stopped vehicles not
currently allowed by Agency rules. The
exemption sought would allow Waymo
and Aurora to operate CMVs operated
by a Level 4 automated driving system
(ADS) equipped with warning beacons
mounted on the truck cab in lieu of
traditional warning devices placed
around a stopped autonomous CMV, as
required by current regulations. FMCSA
requests public comment on the
applicant’s request for exemption.
DATES: Comments must be received on
or before April 3, 2023.
ADDRESSES: You may submit comments
identified by Federal Docket
Management System (FDMS) Number
FMCSA–2023–0071 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–2023–0071) 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.
SUMMARY:
E:\FR\FM\03MRN1.SGM
03MRN1
13490
Federal Register / Vol. 88, No. 42 / Friday, March 3, 2023 / Notices
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.
Luke Loy, Vehicle and Roadside
Operations Division; Office of Carrier,
Driver and Vehicle Safety Standards,
FMCSA, at (202) 366–0676 or mcpsv@
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.
ddrumheller on DSK120RN23PROD with NOTICES1
Submitting Comments
If you submit a comment, please
include the docket number for this
notice (FMCSA–2023–0071), 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–2023–0071’’ 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
VerDate Sep<11>2014
19:33 Mar 02, 2023
Jkt 259001
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
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. Applicant’s Request
Waymo and Aurora seek an
exemption from the regulations that
require specific placement of warning
devices around a stopped CMV. Waymo
and Aurora believe it is possible to
achieve the safety purpose of the
warning device in an alternative way by
using forward- and rearward-facing
amber flashing lights mounted on the
cab at a height above the upper edge of
the sideview mirrors. Waymo and
Aurora each separately tested variants of
such devices and have concluded that
the use of the cab-mounted warning
devices was equally or more effective in
enabling road users to recognize and
react to the potential hazard presented
by the stopped CMV.
Waymo and Aurora therefore request
an exemption from the warning device
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Frm 00069
Fmt 4703
Sfmt 9990
placement requirements of 49 CFR
392.22(b), the utilization of a warning
device that does not meet the steadyburning lamp requirement of 49 CFR
393.25(e), and the utilization of a
warning device for stopped vehicles that
is not currently identified in 49 CFR
393.95(f). The exemption sought would
allow motorcarriers to operate Waymo
and Aurora autonomous CMVs which
come to a stop upon the traveled portion
or the shoulder of a highway for any
cause other than necessary traffic stops,
to utilize a warning device consisting of
forward- and rearward-facing cab
mounted flashing amber lamps mounted
at a height above the upper edge of the
sideview mirrors in lieu of the currently
allowed warning devices placed around
the CMV, as described in 49 CFR
392.22(b).
A copy of Waymo/Aurora’s
application for exemption and
supporting documentation is available
for review in the docket for this notice.
IV. Request for Comments
In accordance with 49 U.S.C.
31315(b), FMCSA requests public
comment from all interested persons on
Waymo and Aurora’s application for a
5-year exemption from the warning
device placement requirements of 49
CFR 392.22(b), the requirement that
warning devices be steady burning (49
CFR 393.25(e)), and the requirement
that warning devices comply with 49
CFR 393.95(f). 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.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2023–04385 Filed 3–2–23; 8:45 am]
BILLING CODE 4910–EX–P
E:\FR\FM\03MRN1.SGM
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Agencies
[Federal Register Volume 88, Number 42 (Friday, March 3, 2023)]
[Notices]
[Pages 13489-13490]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04385]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2023-0071]
Parts and Accessories Necessary for Safe Operation; Exemption
Application From Waymo LLC, and Aurora Operations, Inc.
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of application for exemption; request for comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces that it has received an application from Waymo
LLC, and Aurora Operations, Inc. (Waymo/Aurora) for a 5-year exemption
from the required placement of warning devices around stopped
commercial motor vehicles (CMVs); the requirement that lamps for
warning devices be steady-burning; and the utilization of a warning
device for stopped vehicles not currently allowed by Agency rules. The
exemption sought would allow Waymo and Aurora to operate CMVs operated
by a Level 4 automated driving system (ADS) equipped with warning
beacons mounted on the truck cab in lieu of traditional warning devices
placed around a stopped autonomous CMV, as required by current
regulations. FMCSA requests public comment on the applicant's request
for exemption.
DATES: Comments must be received on or before April 3, 2023.
ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Number FMCSA-2023-0071 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-2023-0071) 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.
[[Page 13490]]
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. Luke Loy, Vehicle and Roadside
Operations Division; Office of Carrier, Driver and Vehicle Safety
Standards, FMCSA, at (202) 366-0676 or [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-2023-0071), 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-2023-0071'' 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 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. Applicant's Request
Waymo and Aurora seek an exemption from the regulations that
require specific placement of warning devices around a stopped CMV.
Waymo and Aurora believe it is possible to achieve the safety purpose
of the warning device in an alternative way by using forward- and
rearward-facing amber flashing lights mounted on the cab at a height
above the upper edge of the sideview mirrors. Waymo and Aurora each
separately tested variants of such devices and have concluded that the
use of the cab-mounted warning devices was equally or more effective in
enabling road users to recognize and react to the potential hazard
presented by the stopped CMV.
Waymo and Aurora therefore request an exemption from the warning
device placement requirements of 49 CFR 392.22(b), the utilization of a
warning device that does not meet the steady-burning lamp requirement
of 49 CFR 393.25(e), and the utilization of a warning device for
stopped vehicles that is not currently identified in 49 CFR 393.95(f).
The exemption sought would allow motorcarriers to operate Waymo and
Aurora autonomous CMVs which come to a stop upon the traveled portion
or the shoulder of a highway for any cause other than necessary traffic
stops, to utilize a warning device consisting of forward- and rearward-
facing cab mounted flashing amber lamps mounted at a height above the
upper edge of the sideview mirrors in lieu of the currently allowed
warning devices placed around the CMV, as described in 49 CFR
392.22(b).
A copy of Waymo/Aurora's application for exemption and supporting
documentation is available for review in the docket for this notice.
IV. Request for Comments
In accordance with 49 U.S.C. 31315(b), FMCSA requests public
comment from all interested persons on Waymo and Aurora's application
for a 5-year exemption from the warning device placement requirements
of 49 CFR 392.22(b), the requirement that warning devices be steady
burning (49 CFR 393.25(e)), and the requirement that warning devices
comply with 49 CFR 393.95(f). 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.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2023-04385 Filed 3-2-23; 8:45 am]
BILLING CODE 4910-EX-P