81_FR_37774 81 FR 37662 - Parts and Accessories Necessary for Safe Operation, Lamps and Reflective Devices; Application for an Exemption From STEMCO LP

81 FR 37662 - Parts and Accessories Necessary for Safe Operation, Lamps and Reflective Devices; Application for an Exemption From STEMCO LP

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 112 (June 10, 2016)

Page Range37662-37664
FR Document2016-13774

FMCSA requests public comment on an application for exemption from STEMCO LP (STEMCO) to allow motor carriers to operate commercial motor vehicles (CMVs) that are equipped with STEMCO's TrailerTail[supreg] aerodynamic device with rear identification lamps and rear clearance lamps that are mounted lower than currently permitted by the Agency's regulations. The Federal Motor Carrier Safety Regulations (FMCSRs) require rear identification lamps and rear clearance lamps to be located ``as close as practicable to the top of the vehicle.'' While the TrailerTail[supreg] aerodynamic device is currently mounted slightly below the roof of the vehicle, STEMCO states that this offset prevents the device from delivering the maximum available fuel economy benefit as opposed to mounting it flush with the top of the vehicle which may block the visibility of the rear identification lamps and rear clearance lamps. STEMCO believes that locating the rear identification lamps and rear clearance lamps lower on the vehicle, on a horizontal plane with other required lamps (stop, turn, and tail lamps) as is done on a flatbed trailer or an intermodal chassis, will maintain a level of safety that is equivalent to, or greater than, the level of safety achieved without the exemption. STEMCO is requesting the temporary exemption in advance of petitioning FMCSA to conduct a rulemaking to amend 49 CFR 393.11.

Federal Register, Volume 81 Issue 112 (Friday, June 10, 2016)
[Federal Register Volume 81, Number 112 (Friday, June 10, 2016)]
[Notices]
[Pages 37662-37664]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13774]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA--2016-0167


Parts and Accessories Necessary for Safe Operation, Lamps and 
Reflective Devices; Application for an Exemption From STEMCO LP

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

ACTION: Notice of application for exemption; request for comments.

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

SUMMARY: FMCSA requests public comment on an application for exemption 
from STEMCO LP (STEMCO) to allow motor carriers to operate commercial 
motor vehicles (CMVs) that are equipped with STEMCO's 
TrailerTail[supreg] aerodynamic device with rear identification lamps 
and rear clearance lamps that are mounted lower than currently 
permitted by the Agency's regulations. The Federal Motor Carrier Safety 
Regulations (FMCSRs) require rear identification lamps and rear 
clearance lamps to be located ``as close as practicable to the top of 
the vehicle.'' While the TrailerTail[supreg] aerodynamic device is 
currently mounted slightly below the roof of the vehicle, STEMCO states 
that this offset prevents the device from delivering the maximum 
available fuel economy benefit as opposed to mounting it flush with the 
top of the vehicle which may block the visibility of the rear 
identification lamps and rear clearance lamps. STEMCO believes that 
locating the rear identification lamps and rear clearance lamps lower 
on the vehicle, on a horizontal plane with other required lamps (stop, 
turn, and tail lamps) as is done on a flatbed trailer or an intermodal 
chassis, will maintain a level of safety that is equivalent to, or 
greater than, the level of safety achieved without the exemption. 
STEMCO is requesting the temporary exemption in advance of petitioning 
FMCSA to conduct a rulemaking to amend 49 CFR 393.11.

DATES: Comments must be received on or before July 11, 2016.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2016-0167 using any of the 
following methods:
     Web site: http://www.regulations.gov. Follow the 
instructions for submitting comments on the Federal electronic docket 
site.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, Room W12-140, 1200 New Jersey Avenue SE., Washington, 
DC 20590-0001.
     Hand Delivery: Ground Floor, Room W12-140, DOT Building, 
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m. 
e.t., Monday-Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and 
docket number for this notice. For detailed instructions on submitting 
comments and additional information on the exemption process, see the 
``Public Participation'' heading below. Note that all comments received 
will be posted without change to http://www.regulations.gov, including 
any personal information provided. Please see the ``Privacy Act'' 
heading for further information.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov or to Room W12-140, 
DOT Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking 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.
    Public participation: The http://www.regulations.gov Web site is 
generally available 24 hours each day,

[[Page 37663]]

365 days each year. You may find electronic submission and retrieval 
help and guidelines under the ``help'' section of the http://www.regulations.gov Web site as well as the DOT's http://docketsinfo.dot.gov Web site. If you would like notification that we 
received your comments, please include a self-addressed, stamped 
envelope or postcard or print the acknowledgment page that appears 
after submitting comments online.

FOR FURTHER INFORMATION CONTACT: Mr. Jose Cestero, Vehicle and Roadside 
Operations Division, Office of Bus and Truck Standards and Operations, 
MC-PSV, (202) 366-5541; Federal Motor Carrier Safety Administration, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

Background

    Section 4007 of the Transportation Equity Act for the 21st Century 
(TEA- 21) [Pub. L. 105-178, June 9, 1998, 112 Stat. 401] amended 49 
U.S.C. 31315 and 31136(e) to provide authority to grant exemptions from 
the Federal Motor Carrier Safety Regulations (FMCSRs). On August 20, 
2004, FMCSA published a final rule (69 FR 51589) implementing section 
4007. Under this rule, FMCSA must publish a notice of each exemption 
request in the Federal Register (49 CFR 381.315(a)). The Agency must 
provide the public with an opportunity to inspect the information 
relevant to the application, including any safety analyses that have 
been conducted. The Agency must also provide an opportunity for public 
comment on the request.
    The Agency reviews the safety analyses and the public comments and 
determines whether granting the exemption would likely achieve a level 
of safety equivalent to or greater than the level that would be 
achieved by the current regulation (49 CFR 381.305).
    The decision of the Agency must be published in the Federal 
Register (49 CFR 381.315(b)). If the Agency denies the request, it must 
state the reason for doing so. If the decision is to grant the 
exemption, the notice must specify the person or class of persons 
receiving the exemption and the regulatory provision or provisions from 
which an exemption is granted. The notice must specify the effective 
period of the exemption (up to 5 years) and explain the terms and 
conditions of the exemption. The exemption may be renewed (49 CFR 
381.315(c) and 49 CFR 381.300(b)).

STEMCO Application for Exemption

    STEMCO, on behalf of motor carriers utilizing its 
TrailerTail[supreg] aerodynamic devices, applied for an exemption from 
49 CFR 393.11 to allow rear identification lamps and rear clearance 
lamps to be mounted lower than currently permitted by the Agency's 
regulations. A copy of the application is included in the docket 
referenced at the beginning of this notice.
    Table 1 of Sec.  393.11, ``Required lamps and reflectors on 
commercial motor vehicles,'' specifies the requirements for lamps, 
reflective devices and associated equipment by the type of CMV. All 
CMVs manufactured on or after December 25, 1968, must, at a minimum, 
meet the applicable requirements of Federal Motor Vehicle Safety 
Standard (FMVSS) No. 108, ``Lamps, reflective devices, and associated 
equipment,'' in effect at the time of manufacture of the vehicle. Rear 
identification lamps must be mounted as close as practicable to the top 
of the vehicle. One lamp must be as close as practicable to the 
vertical centerline and one on each side of the center lamp with the 
lamp centers spaced not less than 6 inches or more than 12 inches 
apart, and all on the same level. One rear clearance lamp must be 
located on each side of the vertical centerline of the vehicle to 
indicate overall width, both of which must be on the same level and as 
high as practicable.
    The U.S. Environmental Protection Agency (EPA) and the Department 
of Transportation's National Highway Traffic Safety Administration 
(NHTSA) have jointly proposed a national program that would establish 
the next phase of greenhouse gas (GHG) emissions and fuel efficiency 
standards for medium- and heavy-duty vehicles. This ``Phase 2 program'' 
would significantly reduce carbon emissions and improve the fuel 
efficiency of heavy-duty vehicles, helping to address the challenges of 
global climate change and energy security. In February 2015, STEMCO 
purchased ATDynamics and its TrailerTail[supreg] product line, a 
collapsible boat tail technology that improves the rear aerodynamic 
shape of CMVs. STEMCO states that motor carriers are evaluating the 
TrailerTail[supreg] rear aerodynamic device to help meet (1) the 
proposed Phase 2 program standards, and (2) the California Air 
Resources Board (CARB) Tractor-Trailer Greenhouse Gas Regulation for 
dry van and refrigerated van type trailers that has been in effect 
since 2010.
    For newly manufactured trailers, STEMCO states that the 
TrailerTail[supreg] top panel is mounted 1.5--3.5 inches below the roof 
of the trailer in order to comply with the FMVSS No. 108 and FMCSR 
mounting location requirements for rear identification and clearance 
lamps. However, STEMCO states:

    This inset creates an unaeordynamic gap as airflow transitions 
from the trailer roof onto the TrailerTail panels and has prevented 
TrailerTails from delivering the maximum available fuel economy 
benefit. Wind tunnel flow visualization highlights the contrast in 
airflow between flush and inset panels and our own internal testing 
estimates an additional 0.14 delta CDA (measured drag 
area) gain and 70 million gallons of annual diesel fuel savings can 
be achieved simply by installing TrailerTails flush with the trailer 
roof. In order to evaluate the actual performance of flush mounted 
TrailerTail aerodynamic systems on actual fleet based fuel economy, 
it is necessary to request relief from the location requirements for 
upper identification lamps and rear clearance lamps on commercial 
van trailers and box trucks. Additionally, these lower clearance and 
identification lamp locations will pave the way for the commercial 
launch of collapsible boat tails for roll door box trailers, where 
the rear upper header is a critical mounting location of boat tail 
components.

    In support of its application, STEMCO states that ``The relocation 
of the rear identification lamps and rear clearance lamps to a lower 
location on the trailer or box truck are equivalent to the current 
required lamp location on a flatbed trailer or intermodal chassis, so 
no safety impact is anticipated.'' In addition, according to the 
application:

    STEMCO believes that there will be no safety impact from the 
relocation of both the rear identification lamps and the rear 
clearance lamps to a location on an approximate horizontal plane 
with other rear lamps. NHTSA issued legal interpretations from 1968 
until approximately 1999 to trailer manufacturers to allow the lower 
mounting location for rear identification lamps and rear clearance 
lamps when there was no ``practicable'' means of installing the 
lamps ``as close as practicable to the top of the vehicle.'' NHTSA 
subsequently issued an interpretative rule on April 5, 1999, 64 FR 
16358, suggesting that trailer manufacturers could no longer mount 
lamps at the lower location as narrow lamps were now readily 
available, and NHTSA would no longer defer to a manufacturer's 
subjective determination of practicability for locating lamps in the 
rear upper header location on van trailers and box trucks. However, 
NHTSA noted in that same Notice that they did not intend to bring 
enforcement actions based on this interpretive rule immediately. 
Subsequently, trailer manufacturers continued to manufacture van 
trailers and box trucks with the rear identification lamps and rear 
clearance lamps mounted lower on the vehicles on an approximate 
horizontal plane with the other required lamps.''

    STEMCO states that without the exemption, it will be unable to 
verify fleet performance of a higher performance TrailerTail[supreg] 
design that is expected to provide the maximum available fuel economy 
benefit that may

[[Page 37664]]

be necessary in order to meet future fuel efficiency requirements.

Request for Comments

    In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests 
public comment from all interested persons on STEMCO's application for 
an exemption from 49 CFR 393.11. 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 continue to file relevant 
information in the public docket that becomes available after the 
comment closing date. Interested persons should continue to examine the 
public docket for new material.

    Issued on: June 2, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-13774 Filed 6-9-16; 8:45 am]
 BILLING CODE 4910-EX-P



                                                    37662                           Federal Register / Vol. 81, No. 112 / Friday, June 10, 2016 / Notices

                                                    USDOT Number. Most for-hire carriers                    total estimated annual burden of                       clearance lamps lower on the vehicle,
                                                    are also required to file a separate                    192,320 hours.                                         on a horizontal plane with other
                                                    application for operating authority                       Public Comments Invited: You are                     required lamps (stop, turn, and tail
                                                    under 49 U.S.C. 13901. Mexico- and                      asked to comment on any aspect of this                 lamps) as is done on a flatbed trailer or
                                                    Non-North America-domiciled motor                       information collection, including: (1)                 an intermodal chassis, will maintain a
                                                    carriers file a separate registration form.             Whether the proposed collection is                     level of safety that is equivalent to, or
                                                    The information collection will replace                 necessary for the performance of                       greater than, the level of safety achieved
                                                    these three collections and create a                    FMCSA’s functions; (2) the accuracy of                 without the exemption. STEMCO is
                                                    single on-line form. This rule will                     the estimated burden; (3) ways for                     requesting the temporary exemption in
                                                    streamline the collection and eliminate                 FMCSA to enhance the quality,                          advance of petitioning FMCSA to
                                                    the need for motor carriers to file the                 usefulness, and clarity of the collected               conduct a rulemaking to amend 49 CFR
                                                    same information on multiple forms.                     information; and (4) ways that the                     393.11.
                                                       Title: Unified Registration System,                  burden could be minimized without                      DATES: Comments must be received on
                                                    FMCSA Registration/Updates.                             reducing the quality of the collected                  or before July 11, 2016.
                                                       OMB Control Number: 2126–0051.                       information. The agency will summarize
                                                       Type of Request: Extension of a                                                                             ADDRESSES: You may submit comments
                                                                                                            or include your comments in the request
                                                    currently approved information                          for OMB’s clearance of this information                bearing the Federal Docket Management
                                                    collection.                                             collection.                                            System (FDMS) Docket ID FMCSA–
                                                       Respondents: Motor carriers                                                                                 2016–0167 using any of the following
                                                                                                              Issued on: June 3, 2016.                             methods:
                                                    (including private and exempt for-hire
                                                    carriers effective September 30, 2016),
                                                                                                            G. Kelly Regal,                                          • Web site: http://
                                                    freight forwarders, brokers, cargo tank                 Associate Administrator, Office of Research            www.regulations.gov. Follow the
                                                                                                            and Information Technology.                            instructions for submitting comments
                                                    (CT) facilities, and intermodal
                                                                                                            [FR Doc. 2016–13752 Filed 6–9–16; 8:45 am]             on the Federal electronic docket site.
                                                    equipment providers (IEPs) that are
                                                    required to initially register for and then             BILLING CODE 4910–EX–P                                   • Fax: 1–202–493–2251.
                                                    maintain their safety and operating                                                                              • Mail: Docket Management Facility,
                                                    authority registrations with USDOT.                                                                            U.S. Department of Transportation,
                                                       Estimated Number of Respondents:                     DEPARTMENT OF TRANSPORTATION                           Room W12–140, 1200 New Jersey
                                                    78,400 respondents for initial                                                                                 Avenue SE., Washington, DC 20590–
                                                                                                            Federal Motor Carrier Safety                           0001.
                                                    registration filings; 507,500 respondents               Administration
                                                    for completing the biennial update;                                                                               • Hand Delivery: Ground Floor, Room
                                                    13,000 respondents for filing name/                     [Docket No. FMCSA—2016–0167                            W12–140, DOT Building, 1200 New
                                                    address change requests; 1,100                                                                                 Jersey Avenue SE., Washington, DC,
                                                    respondents for transfer of operating                   Parts and Accessories Necessary for                    between 9 a.m. and 5 p.m. e.t., Monday-
                                                                                                            Safe Operation, Lamps and Reflective                   Friday, except Federal holidays.
                                                    authority registration notifications; and
                                                                                                            Devices; Application for an Exemption                     Instructions: All submissions must
                                                    2,030 respondents for reinstatements of
                                                                                                            From STEMCO LP                                         include the Agency name and docket
                                                    operating authority registration.
                                                       Estimated Time per Response: 1.34                    AGENCY: Federal Motor Carrier Safety                   number for this notice. For detailed
                                                    hours for initial registration filings; and             Administration (FMCSA), DOT.                           instructions on submitting comments
                                                    10 minutes each for the biennial update,                ACTION: Notice of application for
                                                                                                                                                                   and additional information on the
                                                    name/address change request,                            exemption; request for comments.                       exemption process, see the ‘‘Public
                                                    notification of transfer of operating                                                                          Participation’’ heading below. Note that
                                                    authority registration, and reinstatement               SUMMARY:   FMCSA requests public                       all comments received will be posted
                                                    of revoked or inactive registration.                    comment on an application for                          without change to http://
                                                       Expiration Date: November 30, 2016.                  exemption from STEMCO LP (STEMCO)                      www.regulations.gov, including any
                                                       Frequency of Response: This                          to allow motor carriers to operate                     personal information provided. Please
                                                    information collection covers the initial               commercial motor vehicles (CMVs) that                  see the ‘‘Privacy Act’’ heading for
                                                    application to register with FMCSA as a                 are equipped with STEMCO’s                             further information.
                                                    motor carrier, freight forwarder, broker,               TrailerTail® aerodynamic device with                      Docket: For access to the docket to
                                                    intermodal equipment provider, and                      rear identification lamps and rear                     read background documents or
                                                    cargo tank facility; as well as subsequent              clearance lamps that are mounted lower                 comments received, go to http://
                                                    applications to complete a biennial                     than currently permitted by the                        www.regulations.gov or to Room W12–
                                                    update or any other update of the                       Agency’s regulations. The Federal Motor                140, DOT Building, 1200 New Jersey
                                                    information recorded on the registration                Carrier Safety Regulations (FMCSRs)                    Avenue SE., Washington, DC, between 9
                                                    system, submit a name/address change                    require rear identification lamps and                  a.m. and 5 p.m., Monday through
                                                    request, seek a reinstatement of revoked                rear clearance lamps to be located ‘‘as                Friday, except Federal holidays.
                                                    or inactive registration, and notify the                close as practicable to the top of the                    Privacy Act: In accordance with 5
                                                    Agency of a transfer of operating                       vehicle.’’ While the TrailerTail®                      U.S.C. 553(c), DOT solicits comments
                                                    authority registration.                                 aerodynamic device is currently                        from the public to better inform its
                                                       Estimated Total Annual Burden:                       mounted slightly below the roof of the                 rulemaking process. DOT posts these
                                                    105,000 burden hours for the initial                    vehicle, STEMCO states that this offset                comments, without edit, including any
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    applications of registration; 84,600                    prevents the device from delivering the                personal information the commenter
                                                    burden hours for completing biennial                    maximum available fuel economy                         provides, to www.regulations.gov, as
                                                    updates; 2,200 burden hours for filing                  benefit as opposed to mounting it flush                described in the system of records
                                                    name/address change requests; 180                       with the top of the vehicle which may                  notice (DOT/ALL–14 FDMS), which can
                                                    burden hours for operating authority                    block the visibility of the rear                       be reviewed at www.dot.gov/privacy.
                                                    registration transfer notifications; and                identification lamps and rear clearance                   Public participation: The http://
                                                    340 burden hours for reinstatements of                  lamps. STEMCO believes that locating                   www.regulations.gov Web site is
                                                    revoked or inactive registration; for a                 the rear identification lamps and rear                 generally available 24 hours each day,


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                                                                                    Federal Register / Vol. 81, No. 112 / Friday, June 10, 2016 / Notices                                                 37663

                                                    365 days each year. You may find                        devices, applied for an exemption from                 identification and clearance lamps.
                                                    electronic submission and retrieval help                49 CFR 393.11 to allow rear                            However, STEMCO states:
                                                    and guidelines under the ‘‘help’’ section               identification lamps and rear clearance                   This inset creates an unaeordynamic gap as
                                                    of the http://www.regulations.gov Web                   lamps to be mounted lower than                         airflow transitions from the trailer roof onto
                                                    site as well as the DOT’s http://                       currently permitted by the Agency’s                    the TrailerTail panels and has prevented
                                                    docketsinfo.dot.gov Web site. If you                    regulations. A copy of the application is              TrailerTails from delivering the maximum
                                                    would like notification that we received                included in the docket referenced at the               available fuel economy benefit. Wind tunnel
                                                    your comments, please include a self-                   beginning of this notice.                              flow visualization highlights the contrast in
                                                    addressed, stamped envelope or                                                                                 airflow between flush and inset panels and
                                                                                                               Table 1 of § 393.11, ‘‘Required lamps               our own internal testing estimates an
                                                    postcard or print the acknowledgment                    and reflectors on commercial motor                     additional 0.14 delta CDA (measured drag
                                                    page that appears after submitting                      vehicles,’’ specifies the requirements for             area) gain and 70 million gallons of annual
                                                    comments online.                                        lamps, reflective devices and associated               diesel fuel savings can be achieved simply by
                                                    FOR FURTHER INFORMATION CONTACT: Mr.                    equipment by the type of CMV. All                      installing TrailerTails flush with the trailer
                                                    Jose Cestero, Vehicle and Roadside                      CMVs manufactured on or after                          roof. In order to evaluate the actual
                                                    Operations Division, Office of Bus and                  December 25, 1968, must, at a                          performance of flush mounted TrailerTail
                                                    Truck Standards and Operations, MC–                                                                            aerodynamic systems on actual fleet based
                                                                                                            minimum, meet the applicable
                                                                                                                                                                   fuel economy, it is necessary to request relief
                                                    PSV, (202) 366–5541; Federal Motor                      requirements of Federal Motor Vehicle                  from the location requirements for upper
                                                    Carrier Safety Administration, 1200                     Safety Standard (FMVSS) No. 108,                       identification lamps and rear clearance lamps
                                                    New Jersey Avenue SE., Washington,                      ‘‘Lamps, reflective devices, and                       on commercial van trailers and box trucks.
                                                    DC 20590–0001.                                          associated equipment,’’ in effect at the               Additionally, these lower clearance and
                                                    SUPPLEMENTARY INFORMATION:                              time of manufacture of the vehicle. Rear               identification lamp locations will pave the
                                                                                                            identification lamps must be mounted                   way for the commercial launch of collapsible
                                                    Background                                                                                                     boat tails for roll door box trailers, where the
                                                                                                            as close as practicable to the top of the
                                                       Section 4007 of the Transportation                   vehicle. One lamp must be as close as                  rear upper header is a critical mounting
                                                    Equity Act for the 21st Century (TEA–                                                                          location of boat tail components.
                                                                                                            practicable to the vertical centerline and
                                                    21) [Pub. L. 105–178, June 9, 1998, 112                 one on each side of the center lamp with                  In support of its application, STEMCO
                                                    Stat. 401] amended 49 U.S.C. 31315 and                  the lamp centers spaced not less than 6                states that ‘‘The relocation of the rear
                                                    31136(e) to provide authority to grant                  inches or more than 12 inches apart,                   identification lamps and rear clearance
                                                    exemptions from the Federal Motor                       and all on the same level. One rear                    lamps to a lower location on the trailer
                                                    Carrier Safety Regulations (FMCSRs).                    clearance lamp must be located on each                 or box truck are equivalent to the
                                                    On August 20, 2004, FMCSA published                     side of the vertical centerline of the                 current required lamp location on a
                                                    a final rule (69 FR 51589) implementing                 vehicle to indicate overall width, both                flatbed trailer or intermodal chassis, so
                                                    section 4007. Under this rule, FMCSA                    of which must be on the same level and                 no safety impact is anticipated.’’ In
                                                    must publish a notice of each exemption                 as high as practicable.                                addition, according to the application:
                                                    request in the Federal Register (49 CFR                    The U.S. Environmental Protection                      STEMCO believes that there will be no
                                                    381.315(a)). The Agency must provide                    Agency (EPA) and the Department of                     safety impact from the relocation of both the
                                                    the public with an opportunity to                       Transportation’s National Highway                      rear identification lamps and the rear
                                                    inspect the information relevant to the                 Traffic Safety Administration (NHTSA)                  clearance lamps to a location on an
                                                    application, including any safety                       have jointly proposed a national                       approximate horizontal plane with other rear
                                                    analyses that have been conducted. The                  program that would establish the next
                                                                                                                                                                   lamps. NHTSA issued legal interpretations
                                                    Agency must also provide an                                                                                    from 1968 until approximately 1999 to trailer
                                                                                                            phase of greenhouse gas (GHG)                          manufacturers to allow the lower mounting
                                                    opportunity for public comment on the
                                                                                                            emissions and fuel efficiency standards                location for rear identification lamps and rear
                                                    request.
                                                                                                            for medium- and heavy-duty vehicles.                   clearance lamps when there was no
                                                       The Agency reviews the safety
                                                    analyses and the public comments and                    This ‘‘Phase 2 program’’ would                         ‘‘practicable’’ means of installing the lamps
                                                                                                            significantly reduce carbon emissions                  ‘‘as close as practicable to the top of the
                                                    determines whether granting the                                                                                vehicle.’’ NHTSA subsequently issued an
                                                    exemption would likely achieve a level                  and improve the fuel efficiency of
                                                                                                            heavy-duty vehicles, helping to address                interpretative rule on April 5, 1999, 64 FR
                                                    of safety equivalent to or greater than                                                                        16358, suggesting that trailer manufacturers
                                                    the level that would be achieved by the                 the challenges of global climate change                could no longer mount lamps at the lower
                                                    current regulation (49 CFR 381.305).                    and energy security. In February 2015,                 location as narrow lamps were now readily
                                                       The decision of the Agency must be                   STEMCO purchased ATDynamics and                        available, and NHTSA would no longer defer
                                                    published in the Federal Register (49                   its TrailerTail® product line, a                       to a manufacturer’s subjective determination
                                                    CFR 381.315(b)). If the Agency denies                   collapsible boat tail technology that                  of practicability for locating lamps in the rear
                                                                                                            improves the rear aerodynamic shape of                 upper header location on van trailers and box
                                                    the request, it must state the reason for                                                                      trucks. However, NHTSA noted in that same
                                                    doing so. If the decision is to grant the               CMVs. STEMCO states that motor
                                                                                                            carriers are evaluating the TrailerTail®               Notice that they did not intend to bring
                                                    exemption, the notice must specify the                                                                         enforcement actions based on this
                                                    person or class of persons receiving the                rear aerodynamic device to help meet                   interpretive rule immediately. Subsequently,
                                                    exemption and the regulatory provision                  (1) the proposed Phase 2 program                       trailer manufacturers continued to
                                                    or provisions from which an exemption                   standards, and (2) the California Air                  manufacture van trailers and box trucks with
                                                    is granted. The notice must specify the                 Resources Board (CARB) Tractor-Trailer                 the rear identification lamps and rear
                                                                                                            Greenhouse Gas Regulation for dry van                  clearance lamps mounted lower on the
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    effective period of the exemption (up to
                                                                                                            and refrigerated van type trailers that                vehicles on an approximate horizontal plane
                                                    5 years) and explain the terms and
                                                                                                            has been in effect since 2010.                         with the other required lamps.’’
                                                    conditions of the exemption. The
                                                    exemption may be renewed (49 CFR                           For newly manufactured trailers,                       STEMCO states that without the
                                                    381.315(c) and 49 CFR 381.300(b)).                      STEMCO states that the TrailerTail® top                exemption, it will be unable to verify
                                                                                                            panel is mounted 1.5—3.5 inches below                  fleet performance of a higher
                                                    STEMCO Application for Exemption                        the roof of the trailer in order to comply             performance TrailerTail® design that is
                                                      STEMCO, on behalf of motor carriers                   with the FMVSS No. 108 and FMCSR                       expected to provide the maximum
                                                    utilizing its TrailerTail® aerodynamic                  mounting location requirements for rear                available fuel economy benefit that may


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                                                    37664                           Federal Register / Vol. 81, No. 112 / Friday, June 10, 2016 / Notices

                                                    be necessary in order to meet future fuel               approximately 5:00 p.m. central time.                  information provided. Please see the Privacy
                                                    efficiency requirements.                                The workshop will be webcasted live                    Act statement below for additional
                                                                                                            and recorded for pipeline safety                       information.
                                                    Request for Comments
                                                                                                            stakeholders who are unable to travel to
                                                       In accordance with 49 U.S.C. 31315                   the workshop.                                          Privacy Act Statement
                                                    and 31136(e), FMCSA requests public                     ADDRESSES: The workshop will be held                     Anyone may search the electronic
                                                    comment from all interested persons on                  in Chicago, IL. The meeting location in                form of all comments received for any
                                                    STEMCO’s application for an exemption                   Chicago and the hotel information will                 of our dockets. You may review DOT’s
                                                    from 49 CFR 393.11. All comments                        be provided on the meeting Web site at                 complete Privacy Act Statement in the
                                                    received before the close of business on                https://primis.phmsa.dot.gov/meetings/                 Federal Register published April 11,
                                                    the comment closing date indicated at                   MtgHome.mtg?mtg=114&nocache=5719                       2000, (65 FR 19477) or visit http://
                                                    the beginning of this notice will be                    in the near future. The meeting room                   dms.dot.gov.
                                                    considered and will be available for                    location will be posted on the day of the
                                                    examination in the docket at the                                                                               Information on Services for Individuals
                                                                                                            workshop.                                              With Disabilities
                                                    location listed under the ADDRESSES                        Registration: Members of the public
                                                    section of this notice.                                 may attend this free workshop. To help                    For information on facilities or
                                                      Comments received after the comment                   assure that adequate space is provided,                services for individuals with
                                                    closing date will be filed in the public                all attendees, both in person and by                   disabilities, or to request special
                                                    docket and will be considered to the                    webcast, should register in advance for                assistance at the meeting, please contact
                                                    extent practicable. In addition to late                 the workshop at the PHMSA Public                       Dr. Christie Murray, Director, Program
                                                    comments, FMCSA will continue to file                   Meeting Web site at: https://                          Development Division, PHMSA, at (202)
                                                    relevant information in the public                      primis.phmsa.dot.gov/meetings/                         366–4996 or by email at
                                                    docket that becomes available after the                 MtgHome.mtg?mtg=114&nocache=5719.                      Christie.Murray@dot.gov no later than
                                                    comment closing date. Interested                        The meeting agenda will be posted and                  July 8, 2016.
                                                    persons should continue to examine the                  updated on the registration site. On-site              FOR FURTHER INFORMATION CONTACT: Dr.
                                                    public docket for new material.                         registration will also be available for                Christie Murray, Director, Program
                                                      Issued on: June 2, 2016.                              those attending in person starting at                  Development Division, PHMSA, at 202–
                                                    Larry W. Minor,                                         7:00 a.m. central time. All workshop                   366–4996 or by email at
                                                    Associate Administrator for Policy.                     presentations will be available on the                 Christie.Murray@dot.gov.
                                                    [FR Doc. 2016–13774 Filed 6–9–16; 8:45 am]              meeting registration Web site within 15                SUPPLEMENTARY INFORMATION:
                                                    BILLING CODE 4910–EX–P
                                                                                                            days following the workshop.                           Stakeholders are encouraged to review
                                                                                                               Comments: Members of the public                     the PAPWG SWOT Report prior to the
                                                                                                            may submit written comments either                     workshop. The PAPWG SWOT Report is
                                                    DEPARTMENT OF TRANSPORTATION                            before or after the workshop. Comments                 available at: https://primis.
                                                                                                            should reference Docket No. PHMSA–                     phmsa.dot.gov/comm/publicawareness/
                                                    Pipeline and Hazardous Materials                        2016–0059. Comments may be                             docs/PAPWG%20SWOT%20Analysis
                                                    Safety Administration                                   submitted in the following ways:                       %20Report-FINAL%2005–16–16.pdf.
                                                                                                               • E-Gov Web site: http://                              The Federal pipeline safety
                                                    [Docket ID PHMSA–2016–0059]
                                                                                                            www.regulations.gov. This site allows                  regulations (49 CFR 192.616 and 49 CFR
                                                    Pipeline Safety: Public Workshop on                     the public to enter comments on any                    195.440) require pipeline operators to
                                                    Public Awareness                                        Federal Register notice issued by any                  develop and implement public
                                                                                                            agency. Follow the instructions for                    awareness programs that follow the
                                                    AGENCY: Pipeline and Hazardous                          submitting comments.                                   guidance provided by the API RP 1162,
                                                    Materials Safety Administration                            • Fax: 1–202–493–2251.                              1st Edition, ‘‘Public Awareness
                                                    (PHMSA), DOT.                                              • Mail: Docket Management System,                   Programs for Pipeline Operators’’
                                                    ACTION: Notice of public meeting.                       U.S. Department of Transportation, 1200                (incorporated by reference in the
                                                                                                            New Jersey Avenue SE., Room W12–                       pipeline safety regulations 49 CFR
                                                    SUMMARY:   This notice is announcing a                  140, Washington, DC 20590.                             192.616 and 49 CFR 195.440). Pipeline
                                                    one-day public workshop PHMSA is                           Hand Delivery: DOT Docket                           operators are required to implement
                                                    sponsoring on public awareness to bring                 Management System, Room W12–140,                       public awareness programs that provide
                                                    pipeline safety stakeholders together to                on the ground floor of the West                        pipeline safety information to the
                                                    review the findings from the joint Public               Building, 1200 New Jersey Avenue SE.,                  affected public, emergency response
                                                    Awareness Program Working Group’s                       Washington, DC between 9 a.m. and 5                    officials, local public officials, and
                                                    (PAPWG) Strengths, Weaknesses,                          p.m. eastern time, Monday through                      excavators. Implementing and
                                                    Opportunities, and Threats (SWOT)                       Friday, except Federal holidays.                       improving public awareness programs
                                                    Report and explore future actions that                     Instructions: Identify the docket                   allows pipeline stakeholders an
                                                    can be taken to expand public                           number (PHMSA–2016–0059) at the                        opportunity to address pipeline safety
                                                    awareness and stakeholder engagement                    beginning of your comments. If you                     concerns, such as third party damages,
                                                    efforts. Various stakeholders, including                submit your comments by mail, submit                   in a proactive manner.
                                                    federal and state regulators, industry,                 two copies. If you wish to receive                        The PAPWG was a collaborative
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                                                    pipeline operators, public, emergency                   confirmation that PHMSA has received                   stakeholder work group comprised of
                                                    response officials, local public officials,             your comments, include a self-                         myriad pipeline safety stakeholders.
                                                    land planners, and excavators, will                     addressed stamped postcard. Internet                   The PAPWG was established in
                                                    engage to strengthen pipeline safety                    users may submit comments at http://                   September 2013. The mission of the
                                                    public awareness.                                       www.regulations.gov.                                   PAPWG was to review pipeline safety
                                                    DATES: The workshop will be held on                       Note: Comments will be posted without                public awareness data and information
                                                    July 13, 2016. The workshop will take                   changes or edits to http://                            from various sources, identify relevant
                                                    place from 8:00 a.m. until                              www.regulations.gov including any personal             topical review areas, perform SWOT


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Document Created: 2018-02-08 07:35:31
Document Modified: 2018-02-08 07:35:31
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of application for exemption; request for comments.
DatesComments must be received on or before July 11, 2016.
ContactMr. Jose Cestero, Vehicle and Roadside Operations Division, Office of Bus and Truck Standards and Operations, MC-PSV, (202) 366-5541; Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
FR Citation81 FR 37662 

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