Parts and Accessories Necessary for Safe Operation; Exemption Renewal for TowMate LLC, 24263-24265 [2023-08193]

Download as PDF Federal Register / Vol. 88, No. 75 / Wednesday, April 19, 2023 / Notices take anti-seizure medication with the dosage and frequency remaining the same since 2009. Their physician states that they are supportive of Michael Urbshot receiving an exemption. frequency remaining the same since 2013. Their physician states that they are supportive of Alexander Kumm receiving an exemption. Armando Leandry Armando Leandry is a 41-year-old class D license holder in New Jersey. They have a history of epilepsy and have been seizure free since 2014. They take anti-seizure medication with the dosage and frequency remaining the same since October 2016. Their physician states that they are supportive of Armando Leandry receiving an exemption. Nicholas Liebe Nicholas Liebe is a 28-year-old class D license holder in Wisconsin. They have a history of complex partial epileptic seizure and have been seizure free since 2013. They take anti-seizure medication with the dosage and frequency remaining the same since 2020. Their physician states that they are supportive of Nicholas Liebe receiving an exemption. Sheldon Martin Sheldon Martin is a 40-year-old class A license holder in New York. They have a history of idiopathic generalized epilepsy and have been seizure free since July 2008. They take anti-seizure medication with the dosage and frequency remaining the same since January 2013. Their physician states that they are supportive of Sheldon Martin receiving an exemption. Robert Moseler Robert Moseler is a 65-year-old class C chauffeur license holder in Michigan. They have a history of seizure disorder and have been seizure free since 1996. They take anti-seizure medication with the dosage and frequency remaining the same since 1996. Their physician states that they are supportive of Robert Moseler receiving an exemption. lotter on DSK11XQN23PROD with NOTICES1 Tammy Snyder Tammy Snyder is a 51-year-old class A license holder in North Carolina. They have a history of an unprovoked seizure and have been seizure free since July 2013. They take anti-seizure medication with the dosage and frequency remaining the same since March 2021. Their physician states that they are supportive of Tammy Snyder receiving an exemption. Michael Urbshot Michael Urbshot is a 38-year-old class 23 license holder in Hawaii. They have a history of partial complex seizures and have been seizure free since 2012. They VerDate Sep<11>2014 16:37 Apr 18, 2023 Jkt 259001 IV. Request for Comments In accordance with 49 U.S.C. 31136(e) and 31315(b), FMCSA requests public comment from all interested persons on the exemption petitions described in this notice. We will consider all comments received before the close of business on the closing date indicated under the DATES section of the notice. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2023–08191 Filed 4–18–23; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2015–0238] Parts and Accessories Necessary for Safe Operation; Exemption Renewal for TowMate LLC Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of provisional renewal of exemption; request for comments. AGENCY: FMCSA announces its decision provisionally to renew the TowMate, LLC (TowMate) exemption which allows motor carriers to operate rechargeable wireless temporary stop, turn, and tail lighting systems during temporary towing operations that do not meet the vehicle power supply requirements for all required lamps in the Federal Motor Carrier Safety Regulations (FMCSRs). The exemption is renewed for 5 years, unless rescinded earlier. DATES: This renewed exemption is effective February 9, 2023, through February 9, 2028, unless rescinded earlier. Comments must be received on or before May 19, 2023. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket ID FMCSA– 2015–0238 using 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: Docket Operations, U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, Room W12–140, Washington, DC 20590–0001. SUMMARY: PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 24263 • Hand Delivery or Courier: West Building, Ground Floor, Room W12– 140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. • Fax: (202) 493–2251. Each submission must include the Agency name and the docket number for this notice (FMCSA–2015–0238). 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 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 www.dot.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, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590–0001; (202) 366– 0676; MCPSV@dot.gov. 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–2015–0238), 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 E:\FR\FM\19APN1.SGM 19APN1 24264 Federal Register / Vol. 88, No. 75 / Wednesday, April 19, 2023 / Notices 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–2015–0238’’ in the ‘‘Keyword’’ box, and click ‘‘Search.’’ When the new screen appears, click on the ‘‘Comment’’ button and type your comment into the text box in 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) and 49 CFR 381.300(b) to renew an exemption from the FMCSRs for a 5-year period if it finds ‘‘such exemption would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption.’’ III. Background Current Regulation(s) Requirements Under 49 CFR 393.23, all required lamps must be powered by the electrical system of the motor vehicle with the exception of battery powered lamps used on projecting loads. This requirement ensures that vehiclesupplied electrical power is connected to all required vehicle lamps during normal operation of the vehicle. lotter on DSK11XQN23PROD with NOTICES1 Application for Renewal of Exemption TowMate has requested a 5-year renewal of its exemption from 49 CFR 393.23, Power supply for lamps, previously granted on February 9, 2016,1 and renewed on February 13, 2018,2 to allow motor carriers to operate rechargeable wireless temporary stop, turn, and tail lighting systems during temporary towing operations. TowMate stated in the application: [T]he use of conventional hard wired temporary stop, turn, and tail lights has many drawbacks that wireless tow lights solve. These drawbacks include broken connections, frayed wires, burnt out incandescent bulbs, and the potential to be snagged or pulled from the tow light receptacle due to improper running of wires, 1 See 2 See 81 FR 6927. 83 FR 6306. VerDate Sep<11>2014 16:37 Apr 18, 2023 Jkt 259001 and road hazards, along with the safety hazard of increasing the amount of time spent on the roadside or the scene of an accident by stringing wired lighting systems between vehicles and securing the wires. With the advent of LED technology coupled with advancements in battery technologies, wireless tow lights are more reliable and better equipped for the rigors of daily temporary use. . . . Temporary wireless stop, turn, tail lighting systems can operate for 10+ hours of continuous use on a full charge, and in-cab wire-less monitoring systems give the driver constant information on the functioning of the system, displaying state of charge of the battery inside the unit, displaying the functioning of the system during operation, and warning the driver if the unit is no longer functioning. In this sense, wireless tow lights provide a level of safety and redundancy that is not currently required on wired temporary lighting systems. In an emergency situation with a drained battery, power can be directly connected to the temporary wireless stop, turn, and tail lighting system from a standard 4 pin or 7 pin electrical connection. . . . Without the proposed temporary exemption, [tow and haul away] operators will be forced to continue to use cumbersome wired temporary towing light systems, placing an unnecessary burden on their daily operations. The current temporary lighting requirements for stop, tail, and turn lamps require that the lamps receive their power from a direct wired connection to the towing vehicle with no ascertainable benefit from doing such. Wireless tow lights afford benefits that wired systems are unable to, such as redundancies like monitoring the status of the unit in real time, thus assuring their proper operation at all times. Original Application for Exemption and Operations Under Exemption In its original application, TowMate utilized the same justification that rechargeable wireless temporary stop, turn, and tail lighting systems solve many of the safety issues inherent with wired temporary lighting systems. Based on TowMate’s application, FMCSA granted a two-year exemption on February 9, 2016 (81 FR 6927), and subsequently renewed that exemption for five years from February 9, 2018, to February 9, 2023 (83 FR 6306). IV. Equivalent Level of Safety Analysis FMCSA is not aware of any evidence showing that the operation of rechargeable wireless temporary stop, turn, and tail lighting systems during temporary towing operations during the current exemption has resulted in any degradation of safety. The Agency believes that extending the exemption for a period of five years will likely achieve a level of safety that is equivalent to, or greater than, the level of safety achieved without the exemption because the use of hard- PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 wired temporary stop, turn, and tail lights has many drawbacks that wireless tow lights solve. These include broken connections, frayed wires, the potential for lights to be snagged or pulled from the tow light receptacle due to improper running of wires, and road hazards. The use of rechargeable wireless lighting system also reduces the amount of time that would be spent on the roadside or the scene of an accident stringing wired lighting systems between vehicles and securing the wires. With the advent of LED technology, coupled with advancements in battery technologies, wireless tow lights are more reliable and better equipped for the rigors of daily temporary use and will likely achieve a level of safety that is equivalent to, or greater than, the level of safety achieved without the exemption. V. Exemption Decision FMCSA is provisionally renewing the exemption for a period of five years subject to the terms and conditions of this decision and the absence of public comments that would cause the Agency to terminate the exemption at an earlier date under Sec. V.D. below. The exemption from the requirements of 49 CFR 393.23, is otherwise effective from February 9, 2023, through February 9, 2028, 11:59 p.m. EST unless rescinded. A. Applicability of Exemption The exemption is restricted to motor carriers operating rechargeable wireless temporary stop, turn, and tail lighting systems that do not meet the lighting power supply requirements of 49 CFR 393.23, provided the requirements of 49 CFR 393.17(b)(2) are met. B. Terms and Conditions Drivers operating under the exemption must comply with all other applicable FMCSRs (49 CFR parts 350– 399). C. 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. D. Termination The exemption will be valid for five years unless rescinded earlier by FMCSA. The exemption will be rescinded if: (1) motor carriers and/or E:\FR\FM\19APN1.SGM 19APN1 Federal Register / Vol. 88, No. 75 / Wednesday, April 19, 2023 / Notices commercial motor vehicles 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 objects of 49 U.S.C. 31136(e) and 31315. Interested parties possessing information that would demonstrate that companies operating under this exemption are not achieving the requisite statutory level of safety should immediately notify FMCSA. Such information may be reported via email to MCPSV@dot.gov. 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 U.S.C. 31136(e) and 31315(b), will take immediate steps to revoke the exemption. VI. Request for Comments In accordance with 49 U.S.C. 31315(b), FMCSA requests public comment from all interested persons on TowMate’s application for renewal of its exemption from 49 CFR 393.23. 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. Robin Hutcheson, Administrator. [FR Doc. 2023–08193 Filed 4–18–23; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration lotter on DSK11XQN23PROD with NOTICES1 [Docket No. FRA–2010–0032] Metro-North Railroad’s Request To Amend Its Positive Train Control Safety Plan and Positive Train Control System Federal Railroad Administration (FRA), Department of Transportation (DOT). ACTION: Notice of availability and request for comments. AGENCY: VerDate Sep<11>2014 16:37 Apr 18, 2023 Jkt 259001 This document provides the public with notice that, on April 11, 2023, Metro-North Railroad (MNR) submitted a request for amendment (RFA) to its FRA-approved Positive Train Control Safety Plan (PTCSP). As this RFA involves a request for FRA’s approval of proposed material modifications to an FRA-certified positive train control (PTC) system, FRA is publishing this notice and inviting public comment on the railroad’s RFA to its PTCSP. MNR state that this RFA is for an update to MNR’s PTC Onboard Software, release OBC 5.04.000, correcting existing defects. With the successful completion of Factory and Field Testing and Supplier Safety Certification, MNR confirms the changes meet all technical requirements, provide an equivalent or greater level of safety than the existing PTC System in service, and does not adversely impact interoperability with tenant railroads. DATES: FRA will consider comments received by May 9, 2023. FRA may consider comments received after that date to the extent practicable and without delaying implementation of valuable or necessary modifications to a PTC system. ADDRESSES: Comments: Comments may be submitted by going to https:// www.regulations.gov and following the online instructions for submitting comments. Instructions: All submissions must include the agency name and the applicable docket number. The relevant PTC docket number for this host railroad is Docket No. FRA–2010–0032. For convenience, all active PTC dockets are hyperlinked on FRA’s website at https://railroads.dot.gov/researchdevelopment/program-areas/traincontrol/ptc/railroads-ptc-dockets. All comments received will be posted without change to https:// www.regulations.gov; this includes any personal information. FOR FURTHER INFORMATION CONTACT: Gabe Neal, Staff Director, Signal, Train Control, and Crossings Division, telephone: 816–516–7168, email: Gabe.Neal@dot.gov. SUPPLEMENTARY INFORMATION: In general, title 49 United States Code (U.S.C.) section 20157(h) requires FRA to certify that a host railroad’s PTC system complies with title 49 Code of Federal Regulations (CFR) part 236, subpart I, before the technology may be operated in revenue service. Before making certain changes to an FRA-certified PTC system or the associated FRA-approved PTCSP, a host railroad must submit, and SUMMARY: PO 00000 Frm 00119 Fmt 4703 Sfmt 9990 24265 obtain FRA’s approval of, an RFA to its PTCSP under 49 CFR 236.1021. Under 49 CFR 236.1021(e), FRA’s regulations provide that FRA will publish a notice in the Federal Register and invite public comment in accordance with 49 CFR part 211, if an RFA includes a request for approval of a material modification of a signal and train control system. Accordingly, this notice informs the public that, on April 11, 2023, MNR submitted an RFA to its PTCSP for its Advanced Civil Speed Enforcement System II (ACSES II), seeking FRA’s approval of a new software release, Onboard Computer (OBC) 5.04.000 Software Baseline, and that RFA is available in Docket No. FRA–2010–0032. Interested parties are invited to comment on MNR’s RFA to its PTCSP by submitting written comments or data. During FRA’s review of this railroad’s RFA, FRA will consider any comments or data submitted within the timeline specified in this notice and to the extent practicable, without delaying implementation of valuable or necessary modifications to a PTC system. See 49 CFR 236.1021; see also 49 CFR 236.1011(e). Under 49 CFR 236.1021, FRA maintains the authority to approve, approve with conditions, or deny a railroad’s RFA to its PTCSP at FRA’s sole discretion. Privacy Act Notice In accordance with 49 CFR 211.3, FRA solicits comments from the public to better inform its decisions. DOT posts these comments, without edit, including any personal information the commenter provides, to https:// 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. See https://www.regulations.gov/ privacy-notice for the privacy notice of regulations.gov. To facilitate comment tracking, we encourage commenters to provide their name, or the name of their organization; however, submission of names is completely optional. If you wish to provide comments containing proprietary or confidential information, please contact FRA for alternate submission instructions. Issued in Washington, DC. Carolyn R. Hayward-Williams, Director, Office of Railroad Systems and Technology. [FR Doc. 2023–08282 Filed 4–18–23; 8:45 am] BILLING CODE 4910–06–P E:\FR\FM\19APN1.SGM 19APN1

Agencies

[Federal Register Volume 88, Number 75 (Wednesday, April 19, 2023)]
[Notices]
[Pages 24263-24265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08193]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0238]


Parts and Accessories Necessary for Safe Operation; Exemption 
Renewal for TowMate LLC

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of provisional renewal of exemption; request for 
comments.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces its decision provisionally to renew the 
TowMate, LLC (TowMate) exemption which allows motor carriers to operate 
rechargeable wireless temporary stop, turn, and tail lighting systems 
during temporary towing operations that do not meet the vehicle power 
supply requirements for all required lamps in the Federal Motor Carrier 
Safety Regulations (FMCSRs). The exemption is renewed for 5 years, 
unless rescinded earlier.

DATES: This renewed exemption is effective February 9, 2023, through 
February 9, 2028, unless rescinded earlier. Comments must be received 
on or before May 19, 2023.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2015-0238 using 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: Docket 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., ET, 
Monday through Friday, except Federal holidays.
     Fax: (202) 493-2251.
    Each submission must include the Agency name and the docket number 
for this notice (FMCSA-2015-0238). 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 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 
www.dot.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, 
FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001; (202) 366-
0676; [email protected].

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-2015-0238), 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

[[Page 24264]]

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-2015-0238'' in the ``Keyword'' box, and 
click ``Search.'' When the new screen appears, click on the ``Comment'' 
button and type your comment into the text box in 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) and 49 
CFR 381.300(b) to renew an exemption from the FMCSRs for a 5-year 
period if it finds ``such exemption would likely achieve a level of 
safety that is equivalent to, or greater than, the level that would be 
achieved absent such exemption.''

III. Background

Current Regulation(s) Requirements

    Under 49 CFR 393.23, all required lamps must be powered by the 
electrical system of the motor vehicle with the exception of battery 
powered lamps used on projecting loads. This requirement ensures that 
vehicle-supplied electrical power is connected to all required vehicle 
lamps during normal operation of the vehicle.

Application for Renewal of Exemption

    TowMate has requested a 5-year renewal of its exemption from 49 CFR 
393.23, Power supply for lamps, previously granted on February 9, 
2016,\1\ and renewed on February 13, 2018,\2\ to allow motor carriers 
to operate rechargeable wireless temporary stop, turn, and tail 
lighting systems during temporary towing operations. TowMate stated in 
the application:
---------------------------------------------------------------------------

    \1\ See 81 FR 6927.
    \2\ See 83 FR 6306.

    [T]he use of conventional hard wired temporary stop, turn, and 
tail lights has many drawbacks that wireless tow lights solve. These 
drawbacks include broken connections, frayed wires, burnt out 
incandescent bulbs, and the potential to be snagged or pulled from 
the tow light receptacle due to improper running of wires, and road 
hazards, along with the safety hazard of increasing the amount of 
time spent on the roadside or the scene of an accident by stringing 
wired lighting systems between vehicles and securing the wires. With 
the advent of LED technology coupled with advancements in battery 
technologies, wireless tow lights are more reliable and better 
equipped for the rigors of daily temporary use. . . .
    Temporary wireless stop, turn, tail lighting systems can operate 
for 10+ hours of continuous use on a full charge, and in-cab wire-
less monitoring systems give the driver constant information on the 
functioning of the system, displaying state of charge of the battery 
inside the unit, displaying the functioning of the system during 
operation, and warning the driver if the unit is no longer 
functioning. In this sense, wireless tow lights provide a level of 
safety and redundancy that is not currently required on wired 
temporary lighting systems. In an emergency situation with a drained 
battery, power can be directly connected to the temporary wireless 
stop, turn, and tail lighting system from a standard 4 pin or 7 pin 
electrical connection. . . .
    Without the proposed temporary exemption, [tow and haul away] 
operators will be forced to continue to use cumbersome wired 
temporary towing light systems, placing an unnecessary burden on 
their daily operations. The current temporary lighting requirements 
for stop, tail, and turn lamps require that the lamps receive their 
power from a direct wired connection to the towing vehicle with no 
ascertainable benefit from doing such. Wireless tow lights afford 
benefits that wired systems are unable to, such as redundancies like 
monitoring the status of the unit in real time, thus assuring their 
proper operation at all times.

Original Application for Exemption and Operations Under Exemption

    In its original application, TowMate utilized the same 
justification that rechargeable wireless temporary stop, turn, and tail 
lighting systems solve many of the safety issues inherent with wired 
temporary lighting systems. Based on TowMate's application, FMCSA 
granted a two-year exemption on February 9, 2016 (81 FR 6927), and 
subsequently renewed that exemption for five years from February 9, 
2018, to February 9, 2023 (83 FR 6306).

IV. Equivalent Level of Safety Analysis

    FMCSA is not aware of any evidence showing that the operation of 
rechargeable wireless temporary stop, turn, and tail lighting systems 
during temporary towing operations during the current exemption has 
resulted in any degradation of safety. The Agency believes that 
extending the exemption for a period of five years will likely achieve 
a level of safety that is equivalent to, or greater than, the level of 
safety achieved without the exemption because the use of hard-wired 
temporary stop, turn, and tail lights has many drawbacks that wireless 
tow lights solve. These include broken connections, frayed wires, the 
potential for lights to be snagged or pulled from the tow light 
receptacle due to improper running of wires, and road hazards. The use 
of rechargeable wireless lighting system also reduces the amount of 
time that would be spent on the roadside or the scene of an accident 
stringing wired lighting systems between vehicles and securing the 
wires. With the advent of LED technology, coupled with advancements in 
battery technologies, wireless tow lights are more reliable and better 
equipped for the rigors of daily temporary use and will likely achieve 
a level of safety that is equivalent to, or greater than, the level of 
safety achieved without the exemption.

V. Exemption Decision

    FMCSA is provisionally renewing the exemption for a period of five 
years subject to the terms and conditions of this decision and the 
absence of public comments that would cause the Agency to terminate the 
exemption at an earlier date under Sec. V.D. below. The exemption from 
the requirements of 49 CFR 393.23, is otherwise effective from February 
9, 2023, through February 9, 2028, 11:59 p.m. EST unless rescinded.

A. Applicability of Exemption

    The exemption is restricted to motor carriers operating 
rechargeable wireless temporary stop, turn, and tail lighting systems 
that do not meet the lighting power supply requirements of 49 CFR 
393.23, provided the requirements of 49 CFR 393.17(b)(2) are met.

B. Terms and Conditions

    Drivers operating under the exemption must comply with all other 
applicable FMCSRs (49 CFR parts 350-399).

C. 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.

D. Termination

    The exemption will be valid for five years unless rescinded earlier 
by FMCSA. The exemption will be rescinded if: (1) motor carriers and/or

[[Page 24265]]

commercial motor vehicles 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 objects of 
49 U.S.C. 31136(e) and 31315.
    Interested parties possessing information that would demonstrate 
that companies operating under this exemption are not achieving the 
requisite statutory level of safety should immediately notify FMCSA. 
Such information may be reported via email to [email protected]. 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 
U.S.C. 31136(e) and 31315(b), will take immediate steps to revoke the 
exemption.

VI. Request for Comments

    In accordance with 49 U.S.C. 31315(b), FMCSA requests public 
comment from all interested persons on TowMate's application for 
renewal of its exemption from 49 CFR 393.23.
    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.

Robin Hutcheson,
Administrator.
[FR Doc. 2023-08193 Filed 4-18-23; 8:45 am]
BILLING CODE 4910-EX-P
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