Parts and Accessories Necessary for Safe Operation; Exemption Renewal for Automobile Carriers Conference and Auto Haulers Association of America, 84439-84441 [2024-24326]
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Federal Register / Vol. 89, No. 204 / Tuesday, October 22, 2024 / Notices
added a supplemental document to the
docket titled ‘‘McKee Foods
Transportation Sleeper-Berth Exemption
Provisions Interpretation.’’ FMCSA
reopens the comment period to allow
the public an opportunity to review
MFT’s application for renewal of its
exemption along with the supplemental
document available for review in the
docket.
Comments must be received on
or before November 21, 2024.
DATES:
Ms.
Pearlie Robinson, FMCSA Driver and
Carrier Operations Division; Office of
Carrier, Driver and Vehicle Safety
Standards; FMCSA; 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001; (202) 366–4225; or
pearlie.robinson@dot.gov. If you have
questions on viewing or submitting
material to the docket, contact Docket
Services, telephone (202) 366–9826.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for
Comments
Instructions and additional
information concerning submitting
comments may be viewed under the
ADDRESSES heading and in section I of
the SUPPLEMENTARY INFORMATION
heading in the July 10, 2024, notice of
MFT’s exemption renewal application at
89 FR 56787–56788.
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II. Background
FMCSA published a notice of MFT’s
application to renew its exemption ‘‘for
the maximum available period’’ from
the sleeper berth requirements, which
previously were set forth in 49 CFR
395.1(g)(1)(ii)(A) and (B) on July 10,
2024, with a comment deadline of
August 9, 2024. That notice sought
public comment on the renewal
application but did not include the
supplemental document titled ‘‘McKee
Foods Transportation Sleeper-Berth
Exemption Provisions Interpretation’’ in
the docket. FMCSA believes that
potential commenters should have an
opportunity to review both documents.
Accordingly, FMCSA reopens the
comment period for all comments on
MFT’s application for renewal of its
exemption in light of the supplemental
document explaining the interpretation
of the exemption.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2024–24451 Filed 10–21–24; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2018–0090]
Parts and Accessories Necessary for
Safe Operation; Exemption Renewal
for Automobile Carriers Conference
and Auto Haulers Association of
America
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of final disposition;
renewal of exemption.
AGENCY:
FMCSA announces its final
decision to renew an exemption
requested jointly by the Automobile
Carriers Conference (ACC) of the
American Trucking Associations and
the Auto Haulers Association of
America (AHAA) to relieve motor
carriers operating stinger-steered
automobile transporter equipment from
the requirement to place warning flags
on projecting loads of new and used
motor vehicles. The Federal Motor
Carrier Safety Regulations (FMCSRs)
require any commercial motor vehicle
(CMV) transporting a load which
extends more than 4 feet beyond the
rear of the vehicle be marked with a
single red or orange fluorescent warning
flag at the extreme rear if the projecting
load is 2 feet wide or less and two
warning flags if the projecting load is
wider than 2 feet. The exemption is
renewed for 5 years, unless revoked
earlier.
DATES: This renewed exemption is
effective August 9, 2024, through
February 15, 2029, unless revoked
earlier. Comments must be received on
or before November 21, 2024.
FOR FURTHER INFORMATION CONTACT:
David Sutula, Vehicle and Roadside
Operations Division, Office of Carrier,
Driver, and Vehicle Safety, FMCSA,
1200 New Jersey Avenue SE,
Washington, DC 20590–0001; (202) 366–
9209; MCPSV@dot.gov. If you have
questions on viewing material in the
docket, call Dockets Operations at (202)
366–9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Public Participation
A. Viewing Comments and Documents
To view any documents mentioned as
being available in the docket, go to
https://www.regulations.gov/docket/
FMCSA-2018-0090/document and
choose the document to review. To view
comments, click this notice, then click
‘‘Browse Comments.’’ If you do not have
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84439
access to the internet, you may view the
docket online by visiting Dockets
Operations on the ground floor of the
DOT West Building, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001, 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.
B. Privacy
In accordance with 49 U.S.C.
31315(b)(6), DOT solicits comments
from the public to better inform its
exemption process. DOT posts these
comments, including any personal
information the commenter provides, to
www.regulations.gov as described in the
system of records notice DOT/ALL 14
(Federal Docket Management System
(FDMS)), which can be reviewed at
https://www.transportation.gov/
individuals/privacy/privacy-act-systemrecords-notices. The comments are
posted without edit and are searchable
by the name of the submitter.
II. Legal Basis
FMCSA has authority under 49 U.S.C.
31136(e) and 31315(b)(2) and 49 CFR
381.300(b) to renew an exemption from
the FMCSRs for subsequent 5-year
periods if it finds that such exemption
would likely maintain a level of safety
that is equivalent to, or greater than, the
level that would be achieved by the
current regulation (49 CFR 381.305(a)).
ACC and AHAA have requested a 5-year
extension of the current exemption.
III. Background
Current Regulatory Requirements
FMCSA requires in § 393.87 any CMV
transporting a load which extends
beyond the sides by more than 4 inches,
or more than 4 feet beyond the rear, to
have the extremities of the load marked
with red or orange fluorescent warning
flags. Each warning flag must be at least
18 inches square. There must be a single
flag at the extreme rear if the projecting
load is 2 feet wide or less, and two
warning flags are required if the
projecting load is wider than 2 feet.1
The flags must be located to indicate the
maximum width of loads which extend
beyond the sides and/or rear of the
vehicle.
1 In their renewal request, the applicants
additionally asked for relief from 49 CFR 393.11,
which requires ‘‘lamps or reflective devices’’ to be
affixed to the rear of a load that extends more than
4 feet beyond a trailer. Because this is a new request
for exemption, FMCSA is not considering the
request with the renewal of the current exemption.
FMCSA will process that request separately.
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84440
Federal Register / Vol. 89, No. 204 / Tuesday, October 22, 2024 / Notices
Original Exemption
In its original exemption application,
ACC requested an exemption from
§ 393.87 for motor carriers operating
stinger-steered automobile transporter
equipment. A stinger-steered transporter
has a fifth wheel hitch located on a drop
frame behind and below the rear-most
axle of the power unit. It was noted that
stinger-steered automobile transporters
have been allowed to have a rear
vehicular overhang of at least 6 feet
since December 2015 (49 U.S.C.
31111(b)(1)(G)). Previously, a minimum
4-foot rear overhang was allowed for all
automobile transporters.
ACC contended that adhering to flag
requirements while transporting new
motor vehicles posed a challenge to the
vehicle industry. Vehicle manufacturers
prohibit affixing flags or any items to
their vehicles due to the potential for
scratches and damage. Auto transporters
tried to comply with the intent of
§ 393.87 by attaching flags to the rear of
their trailers. However, this effort did
not adhere to the letter of the regulation
and resulted in carriers receiving
numerous citations for being in
violation of the flag requirements.
ACC emphasized that motor vehicles
are the only commodity to be
transported that must adhere to the
requirements of Federal Motor Vehicle
Safety Standard (FMVSS) No. 108,
‘‘Lamps, reflective devices, and
associated equipment,’’ which has
mandated since 1968 the use of sidefacing reflex reflectors,2 amber reflectors
at the front, and red reflectors at the rear
of vehicles. ACC believed that these
reflective devices, combined with the
required lighting and conspicuity
treatments on the trailers, adequately
fulfill the intention of § 393.87 by
notifying other motorists when a load
extends more than 4 feet beyond the
rear of the trailer. Additionally, ACC
noted that FMVSS No. 108 imposes
specific performance criteria for these
required reflectors, while no such
performance requirements exist for the
flags mandated by § 393.87.
ACC pointed out that the population
of automobile transporter vehicles is
relatively small, comprising around
16,000 units, with stinger-steered
vehicles being a subset of that
population. ACC cited statistics
showing that, following the enactment
of the FAST Act which allowed 6 feet
of overhang on the rear of the
transporter, the frequency of rear-end
collisions with auto transporters has
2 FMVSS No. 108 defines reflex reflectors as
devices used on vehicles to give an indication to
approaching drivers using reflected light from the
lamps of the approaching vehicle (49 CFR 571.108).
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been minuscule, with a rate of less than
0.05 percent.
On February 15, 2019, following
notice and consideration of the
comments received, FMCSA determined
that an exemption for motor carriers
operating stinger-steered automobile
transporters from the requirement to
place warning flags on projecting loads
of motor vehicles would likely maintain
a level of safety that is equivalent to or
greater than the level of safety that
would be obtained by complying with
§ 393.87 and granted ACC’s exemption
request for a 5-year period (84 FR 4602).
In its decision, FMCSA stated that the
transport of automobiles that are
permitted, by statute, to extend up to 6
feet beyond the rearmost portion of a
stinger-steered auto transporter is a
unique situation as compared to the
transportation of other items because
automobiles extend across virtually the
entire width of the transporter and are
easily identifiable as automobiles to the
motoring public. FMCSA stated further
that this is especially true if the
rearmost automobile being transported
faces the front of the auto transporter, as
the rear of the automobile is required to
be equipped with two reflex reflectors
located as far apart as practicable, which
meet the photometric requirements
specified in FMVSS No. 108. To the
contrary, § 393.87 requires extending
loads be marked with red or orange
fluorescent warning flags, but does not
impose any specific photometric
requirements for these flags, i.e.,
required level of visibility from a certain
distance, etc. While FMVSS No. 108
does not require the front of
automobiles to be equipped with reflex
reflectors, FMCSA noted that even if the
rearmost automobile being transported
is facing the rear of the auto transporter,
oncoming motorists will easily identify
the extending load as an automobile that
extends across the full width of the auto
transporter.
Application for Renewal of Exemption
In the renewal application, ACC and
AHAA stated that since the granting of
the exemption in 2019, they are
unaware of any events that suggest the
exemption has resulted in a lower level
of safety than would be achieved by
complying with § 393.87 or that the
exemption has jeopardized public safety
in any way. They also requested that
FMCSA clarify that the exemption
applies to transportation of both new
and used vehicles. ACC and AHAA
stated it is their view that the exemption
granted for transportation of ‘‘motor
vehicles’’ already includes new and
used vehicles; however, not everyone in
CMV enforcement agrees with their
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interpretation. A copy of the request to
renew the exemption is available in the
docket.
IV. Provisional Renewal of Exemption
On February 21, 2024, after review of
ACC’s renewal application, FMCSA
published its decision to provisionally
grant a (6) month renewal of the
exemption effective February 15, 2024,
through August 9, 2024, and requested
public comment (89 FR 14126). The
Agency makes that renewal final for the
remainder of the five-year period.
Today’s notice supersedes the
February 21, 2024, and finalizes the
provisionally granted five-year
exemption, through February 15, 2029.
V. Public Comments
Two comments were submitted to the
docket, both supporting the renewal of
the exemption. Nationwide Auto
Transport, Inc. expressed gratitude for
delaying further regulation, seeing it as
a relief for the already overburdened
industry. US Auto Logistics, LLC
appreciated the six-month extension of
the warning flag waiver, noting its
positive impact on commerce and the
people involved.
VI. Agency Decision
FMCSA is not aware of any evidence
indicating that providing relief to motor
carriers operating stinger-steered
automobile transporter equipment from
the requirement to place warning flags
on projecting loads of new and used
motor vehicles in accordance with the
conditions of the original exemption has
resulted in any degradation in safety.
ACC and AHAA are also unaware of any
events that suggest the exemption has
resulted in a lower level of safety than
would be maintained by complying
with § 393.87. The Agency, however, is
continuing to analyze crash data to
better assess the safety of this
exemption. Therefore, for the reasons
discussed above and in the prior notice
granting the original exemption request,
FMCSA concludes that renewing the
exemption granted on February 15,
2019, for the remainder of the five-year
period, on the terms and conditions set
forth in this exemption renewal
decision, would likely maintain a level
of safety that is equivalent to, or greater
than, the level of safety achieved
without the exemption.
VII. Exemption Decision
A. Grant of Exemption
FMCSA renews the exemption for
four (4) years and six (6) months subject
to the terms and conditions of this
decision. The exemption from the
requirements of 49 CFR 393.87 is
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Federal Register / Vol. 89, No. 204 / Tuesday, October 22, 2024 / Notices
otherwise effective August 9, 2024,
through February 15, 2029, 11:59 p.m.
local time, unless revoked.
B. Applicability of Exemption
During the temporary exemption
period, motor carriers operating stingersteered automobile transporter
equipment are exempt from the
requirements of § 393.87 to place
warning flags on loads of new or used
motor vehicles that project up to 6 feet
from the rear of the stinger-steered
automobile transporter. The Agency
encourages drivers to keep an electronic
or hard copy of the renewal exemption
with them or in the CMV.
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C. Terms and Conditions
1. This exemption is limited to
stinger-steered automobile transporter
equipment and the transport of new or
used motor vehicles. It does not apply
to any other type of transporter
equipment or other types of projecting
or oversized loads.
2. Motor carriers operating under this
exemption involved in any crash to the
rear end of the stinger-steered
automobile transporter equipment
during the transport of new or used
motor vehicles must notify FMCSA
within 7 business days of the crash by
email at MCPSV@DOT.GOV, even if
such crash is not a reportable crash as
defined in § 390.5T.
3. New and used motor vehicles
transported on Stinger-steered
automobile transporters that overhang
from the transporter must be equipped
with all other lights and reflective
devices required by the applicable
FMVSS or FMCSRs.
4. Motor carriers and CMVs operating
under this exemption must comply with
all other applicable FMCSRs (49 CFR
parts 350–399), unless specifically
exempted from a requirement.
D. 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 that
conflicts with or is inconsistent with
this exemption with respect to a person
operating under the exemption. States
may, but are not required to, adopt the
same exemption with respect to
operations in intrastate commerce.
E. Termination
The exemption will be valid for as
provided in section V.A. above, unless
revoked earlier by FMCSA. FMCSA
does not believe that motor carriers and
CMVs covered by the exemption will
experience any deterioration of their
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safety record. However, should this
occur, FMCSA will take all steps
necessary to protect the public interest,
including revocation of the exemption
without prior notice. The exemption
may be immediately 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 U.S.C. 31136 or chapter
313.
Interested parties possessing
information that would demonstrate
that this exemption or motor carriers
operating stinger-steered automobile
transporter equipment without warning
flags and with loads of new or used
motor vehicles projecting up to 6 feet
beyond the rear of the automobile
transporter are not achieving the
requisite statutory level of safety should
immediately notify FMCSA by email at
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 the goals and objectives
of 49 U.S.C. 31136 or chapter 313, may
take immediate steps to revoke the
exemption or impose additional
requirements as part of the exemption.
VI. Request for Comments
In accordance with 49 U.S.C.
31315(b), FMCSA requests public
comment from all interested persons on
ACC and AHAA’s application for
renewal of the exemption from § 393.87.
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.
Vincent G. White,
Deputy Administrator.
[FR Doc. 2024–24326 Filed 10–21–24; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2010–0027]
Hours of Service of Drivers: WestRock
Application for Renewal of Exemption
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of final disposition;
renewal of exemption.
AGENCY:
FMCSA announces its final
decision to renew the exemption
granted to WestRock from the hours-ofservice (HOS) regulations that prohibit
drivers from operating property-carrying
commercial motor vehicles (CMVs) after
14 hours on duty and require 10 hours
off duty before resuming driving. The
exemption allows WestRock’s drivers to
transport paper mill products short
distances on a public road between its
shipping and receiving locations
without complying with those HOS
limits.
SUMMARY:
This renewed exemption is
effective from April 17, 2024, and
expires on April 16, 2029.
DATES:
FOR FURTHER INFORMATION CONTACT:
Pearlie Robinson, Driver and Carrier
Operations Division; Office of Carrier,
Driver and Vehicle Safety Standards;
FMCSA; 202–366–4225;
pearlie.robinson@dot.gov. If you have
questions on viewing or submitting
material to the docket, contact Dockets
Operations, (202) 366–9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation
Viewing Comments and Documents
To view comments, go to
www.regulations.gov, insert the docket
number ‘‘FMCSA–2010–0027’’ in the
keyword box, and click ‘‘Search.’’ Next,
sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed,
and click ‘‘Browse Comments.’’
To view documents mentioned in this
notice as being available in the docket,
go to www.regulations.gov, insert the
docket number ‘‘FMCSA–2010–0027’’ in
the keyword box, click ‘‘Search,’’ and
choose the document to review.
If you do not have access to the
internet, you may view the docket
online by visiting Dockets Operations
on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE,
Washington, DC 20590, 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
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]]>Agencies
[Federal Register Volume 89, Number 204 (Tuesday, October 22, 2024)]
[Notices]
[Pages 84439-84441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24326]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2018-0090]
Parts and Accessories Necessary for Safe Operation; Exemption
Renewal for Automobile Carriers Conference and Auto Haulers Association
of America
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of final disposition; renewal of exemption.
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SUMMARY: FMCSA announces its final decision to renew an exemption
requested jointly by the Automobile Carriers Conference (ACC) of the
American Trucking Associations and the Auto Haulers Association of
America (AHAA) to relieve motor carriers operating stinger-steered
automobile transporter equipment from the requirement to place warning
flags on projecting loads of new and used motor vehicles. The Federal
Motor Carrier Safety Regulations (FMCSRs) require any commercial motor
vehicle (CMV) transporting a load which extends more than 4 feet beyond
the rear of the vehicle be marked with a single red or orange
fluorescent warning flag at the extreme rear if the projecting load is
2 feet wide or less and two warning flags if the projecting load is
wider than 2 feet. The exemption is renewed for 5 years, unless revoked
earlier.
DATES: This renewed exemption is effective August 9, 2024, through
February 15, 2029, unless revoked earlier. Comments must be received on
or before November 21, 2024.
FOR FURTHER INFORMATION CONTACT: David Sutula, Vehicle and Roadside
Operations Division, Office of Carrier, Driver, and Vehicle Safety,
FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001; (202) 366-
9209; [email protected]. If you have questions on viewing material in the
docket, call Dockets Operations at (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation
A. Viewing Comments and Documents
To view any documents mentioned as being available in the docket,
go to https://www.regulations.gov/docket/FMCSA-2018-0090/document and
choose the document to review. To view comments, click this notice,
then click ``Browse Comments.'' If you do not have access to the
internet, you may view the docket online by visiting Dockets Operations
on the ground floor of the DOT West Building, 1200 New Jersey Avenue
SE, Washington, DC 20590-0001, 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.
B. Privacy
In accordance with 49 U.S.C. 31315(b)(6), DOT solicits comments
from the public to better inform its exemption process. DOT posts these
comments, including any personal information the commenter provides, to
www.regulations.gov as described in the system of records notice DOT/
ALL 14 (Federal Docket Management System (FDMS)), which can be reviewed
at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices. The comments are posted without edit and are
searchable by the name of the submitter.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b)(2) and 49
CFR 381.300(b) to renew an exemption from the FMCSRs for subsequent 5-
year periods if it finds that such exemption would likely maintain a
level of safety that is equivalent to, or greater than, the level that
would be achieved by the current regulation (49 CFR 381.305(a)). ACC
and AHAA have requested a 5-year extension of the current exemption.
III. Background
Current Regulatory Requirements
FMCSA requires in Sec. 393.87 any CMV transporting a load which
extends beyond the sides by more than 4 inches, or more than 4 feet
beyond the rear, to have the extremities of the load marked with red or
orange fluorescent warning flags. Each warning flag must be at least 18
inches square. There must be a single flag at the extreme rear if the
projecting load is 2 feet wide or less, and two warning flags are
required if the projecting load is wider than 2 feet.\1\ The flags must
be located to indicate the maximum width of loads which extend beyond
the sides and/or rear of the vehicle.
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\1\ In their renewal request, the applicants additionally asked
for relief from 49 CFR 393.11, which requires ``lamps or reflective
devices'' to be affixed to the rear of a load that extends more than
4 feet beyond a trailer. Because this is a new request for
exemption, FMCSA is not considering the request with the renewal of
the current exemption. FMCSA will process that request separately.
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[[Page 84440]]
Original Exemption
In its original exemption application, ACC requested an exemption
from Sec. 393.87 for motor carriers operating stinger-steered
automobile transporter equipment. A stinger-steered transporter has a
fifth wheel hitch located on a drop frame behind and below the rear-
most axle of the power unit. It was noted that stinger-steered
automobile transporters have been allowed to have a rear vehicular
overhang of at least 6 feet since December 2015 (49 U.S.C.
31111(b)(1)(G)). Previously, a minimum 4-foot rear overhang was allowed
for all automobile transporters.
ACC contended that adhering to flag requirements while transporting
new motor vehicles posed a challenge to the vehicle industry. Vehicle
manufacturers prohibit affixing flags or any items to their vehicles
due to the potential for scratches and damage. Auto transporters tried
to comply with the intent of Sec. 393.87 by attaching flags to the
rear of their trailers. However, this effort did not adhere to the
letter of the regulation and resulted in carriers receiving numerous
citations for being in violation of the flag requirements.
ACC emphasized that motor vehicles are the only commodity to be
transported that must adhere to the requirements of Federal Motor
Vehicle Safety Standard (FMVSS) No. 108, ``Lamps, reflective devices,
and associated equipment,'' which has mandated since 1968 the use of
side-facing reflex reflectors,\2\ amber reflectors at the front, and
red reflectors at the rear of vehicles. ACC believed that these
reflective devices, combined with the required lighting and conspicuity
treatments on the trailers, adequately fulfill the intention of Sec.
393.87 by notifying other motorists when a load extends more than 4
feet beyond the rear of the trailer. Additionally, ACC noted that FMVSS
No. 108 imposes specific performance criteria for these required
reflectors, while no such performance requirements exist for the flags
mandated by Sec. 393.87.
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\2\ FMVSS No. 108 defines reflex reflectors as devices used on
vehicles to give an indication to approaching drivers using
reflected light from the lamps of the approaching vehicle (49 CFR
571.108).
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ACC pointed out that the population of automobile transporter
vehicles is relatively small, comprising around 16,000 units, with
stinger-steered vehicles being a subset of that population. ACC cited
statistics showing that, following the enactment of the FAST Act which
allowed 6 feet of overhang on the rear of the transporter, the
frequency of rear-end collisions with auto transporters has been
minuscule, with a rate of less than 0.05 percent.
On February 15, 2019, following notice and consideration of the
comments received, FMCSA determined that an exemption for motor
carriers operating stinger-steered automobile transporters from the
requirement to place warning flags on projecting loads of motor
vehicles would likely maintain a level of safety that is equivalent to
or greater than the level of safety that would be obtained by complying
with Sec. 393.87 and granted ACC's exemption request for a 5-year
period (84 FR 4602). In its decision, FMCSA stated that the transport
of automobiles that are permitted, by statute, to extend up to 6 feet
beyond the rearmost portion of a stinger-steered auto transporter is a
unique situation as compared to the transportation of other items
because automobiles extend across virtually the entire width of the
transporter and are easily identifiable as automobiles to the motoring
public. FMCSA stated further that this is especially true if the
rearmost automobile being transported faces the front of the auto
transporter, as the rear of the automobile is required to be equipped
with two reflex reflectors located as far apart as practicable, which
meet the photometric requirements specified in FMVSS No. 108. To the
contrary, Sec. 393.87 requires extending loads be marked with red or
orange fluorescent warning flags, but does not impose any specific
photometric requirements for these flags, i.e., required level of
visibility from a certain distance, etc. While FMVSS No. 108 does not
require the front of automobiles to be equipped with reflex reflectors,
FMCSA noted that even if the rearmost automobile being transported is
facing the rear of the auto transporter, oncoming motorists will easily
identify the extending load as an automobile that extends across the
full width of the auto transporter.
Application for Renewal of Exemption
In the renewal application, ACC and AHAA stated that since the
granting of the exemption in 2019, they are unaware of any events that
suggest the exemption has resulted in a lower level of safety than
would be achieved by complying with Sec. 393.87 or that the exemption
has jeopardized public safety in any way. They also requested that
FMCSA clarify that the exemption applies to transportation of both new
and used vehicles. ACC and AHAA stated it is their view that the
exemption granted for transportation of ``motor vehicles'' already
includes new and used vehicles; however, not everyone in CMV
enforcement agrees with their interpretation. A copy of the request to
renew the exemption is available in the docket.
IV. Provisional Renewal of Exemption
On February 21, 2024, after review of ACC's renewal application,
FMCSA published its decision to provisionally grant a (6) month renewal
of the exemption effective February 15, 2024, through August 9, 2024,
and requested public comment (89 FR 14126). The Agency makes that
renewal final for the remainder of the five-year period.
Today's notice supersedes the February 21, 2024, and finalizes the
provisionally granted five-year exemption, through February 15, 2029.
V. Public Comments
Two comments were submitted to the docket, both supporting the
renewal of the exemption. Nationwide Auto Transport, Inc. expressed
gratitude for delaying further regulation, seeing it as a relief for
the already overburdened industry. US Auto Logistics, LLC appreciated
the six-month extension of the warning flag waiver, noting its positive
impact on commerce and the people involved.
VI. Agency Decision
FMCSA is not aware of any evidence indicating that providing relief
to motor carriers operating stinger-steered automobile transporter
equipment from the requirement to place warning flags on projecting
loads of new and used motor vehicles in accordance with the conditions
of the original exemption has resulted in any degradation in safety.
ACC and AHAA are also unaware of any events that suggest the exemption
has resulted in a lower level of safety than would be maintained by
complying with Sec. 393.87. The Agency, however, is continuing to
analyze crash data to better assess the safety of this exemption.
Therefore, for the reasons discussed above and in the prior notice
granting the original exemption request, FMCSA concludes that renewing
the exemption granted on February 15, 2019, for the remainder of the
five-year period, on the terms and conditions set forth in this
exemption renewal decision, would likely maintain a level of safety
that is equivalent to, or greater than, the level of safety achieved
without the exemption.
VII. Exemption Decision
A. Grant of Exemption
FMCSA renews the exemption for four (4) years and six (6) months
subject to the terms and conditions of this decision. The exemption
from the requirements of 49 CFR 393.87 is
[[Page 84441]]
otherwise effective August 9, 2024, through February 15, 2029, 11:59
p.m. local time, unless revoked.
B. Applicability of Exemption
During the temporary exemption period, motor carriers operating
stinger-steered automobile transporter equipment are exempt from the
requirements of Sec. 393.87 to place warning flags on loads of new or
used motor vehicles that project up to 6 feet from the rear of the
stinger-steered automobile transporter. The Agency encourages drivers
to keep an electronic or hard copy of the renewal exemption with them
or in the CMV.
C. Terms and Conditions
1. This exemption is limited to stinger-steered automobile
transporter equipment and the transport of new or used motor vehicles.
It does not apply to any other type of transporter equipment or other
types of projecting or oversized loads.
2. Motor carriers operating under this exemption involved in any
crash to the rear end of the stinger-steered automobile transporter
equipment during the transport of new or used motor vehicles must
notify FMCSA within 7 business days of the crash by email at
[email protected], even if such crash is not a reportable crash as defined
in Sec. 390.5T.
3. New and used motor vehicles transported on Stinger-steered
automobile transporters that overhang from the transporter must be
equipped with all other lights and reflective devices required by the
applicable FMVSS or FMCSRs.
4. Motor carriers and CMVs operating under this exemption must
comply with all other applicable FMCSRs (49 CFR parts 350-399), unless
specifically exempted from a requirement.
D. 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 that conflicts with or is inconsistent
with this exemption with respect to a person operating under the
exemption. States may, but are not required to, adopt the same
exemption with respect to operations in intrastate commerce.
E. Termination
The exemption will be valid for as provided in section V.A. above,
unless revoked earlier by FMCSA. FMCSA does not believe that motor
carriers and CMVs covered by the 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
revocation of the exemption without prior notice. The exemption may be
immediately 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 U.S.C. 31136 or chapter 313.
Interested parties possessing information that would demonstrate
that this exemption or motor carriers operating stinger-steered
automobile transporter equipment without warning flags and with loads
of new or used motor vehicles projecting up to 6 feet beyond the rear
of the automobile transporter are not achieving the requisite statutory
level of safety should immediately notify FMCSA by email at
[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 the goals and objectives of 49 U.S.C. 31136 or
chapter 313, may take immediate steps to revoke the exemption or impose
additional requirements as part of the exemption.
VI. Request for Comments
In accordance with 49 U.S.C. 31315(b), FMCSA requests public
comment from all interested persons on ACC and AHAA's application for
renewal of the exemption from Sec. 393.87.
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.
Vincent G. White,
Deputy Administrator.
[FR Doc. 2024-24326 Filed 10-21-24; 8:45 am]
BILLING CODE 4910-EX-P
