81 FR 66728 - Parts and Accessories Necessary for Safe Operation; Application for an Exemption From the International Institute of Towing and Recovery
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 81, Issue 188 (September 28, 2016)
Federal Motor Carrier Safety Administration
Federal Register Volume 81, Issue 188 (September 28, 2016)
| Page Range | 66728-66730 | |
| FR Document | 2016-23358 |
[Federal Register Volume 81, Number 188 (Wednesday, September 28, 2016)] [Notices] [Pages 66728-66730] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-23358] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2016-0111] Parts and Accessories Necessary for Safe Operation; Application for an Exemption From the International Institute of Towing and Recovery AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of application for exemption; request for comments. ----------------------------------------------------------------------- SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) requests public comment on an application for exemption from the International Institute of Towing and Recovery (IITR) (on behalf of the Towing and Recovery Association of America (TRAA) and the towing and recovery industry) to allow commercial motor vehicle operators to secure automobiles, light trucks, and vans using a total of four tiedowns--two fixed and two adjustable--instead of using a minimum of two tiedowns, both of which need to be adjustable. While the Federal Motor Carrier Safety Regulations (FMCSRs) require each tiedown, or its associated connectors or attachment mechanisms, to be adjustable, IITR believes that the use of four tiedowns instead of the two that are minimally required by the FMCSRs to secure automobiles, light trucks, and vans will maintain a level of safety that is equivalent to, or greater than, the level of safety achieved without the exemption even though two of the four tiedowns are not adjustable. IITR is requesting the temporary exemption in advance of petitioning FMCSA to conduct a rulemaking to amend 49 CFR 393.112. DATES: Comments must be received on or before October 28, 2016. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket ID FMCSA-2016-0111 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, [[Page 66729]] 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, 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: Mrs. Amina Fisher, Vehicle and Roadside Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC-PSV, (202) 366-2782, 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)). IITR's Application for Exemption IITR has applied for an exemption from 49 CFR 393.112 to allow the use of two non-adjustable tiedowns in addition to the two adjustable tiedowns currently required. A copy of the application is included in the docket referenced at the beginning of this notice. Section 393.112 of the FMCSRs, ``Must a tiedown be adjustable?'' states ``Each tiedown, or its associated connectors, or its attachment mechanisms must be designed, constructed, and maintained so the driver of an in-transit commercial motor vehicle can tighten them.'' Section 393.128, ``What are the rules for securing automobiles, light trucks and vans?'', states in paragraph (b)(1) that ``Automobiles, light trucks, and vans must be restrained at both the front and rear to prevent lateral, forward, rearward, and vertical movement using a minimum of two tiedowns.'' In its application, IITR states: The use of chains as a tiedown securement has been an industry standard for many years. While there are other methods of securement many operators believe that properly rated chains are the best option for securement of heavy loads. A tiedown chain is secured to the vehicle at one end of the load, adjusted for length and then dropped into a keyhole slot. Then at the other end of the vehicle, tiedowns are secured, and then the tension for the cargo securement is adjusted by using a chain binder ratchet assembly. Tightening one end of the assembly also tightens the other end. As an example of current industry practice, once the disabled vehicle has been winched forward onto the carrier bed a safety chain is installed to prevent rollback. Two tiedown chains are then attached to the rear of the disabled vehicle, dropped through two of the keyhole slots at the rear of the carrier bed, and snugged up or adjusted by using the winch to remove any slack in the chains. Then two chains or straps are attached and ratcheted to secure the front of the vehicle. Tightening the two front tiedowns subsequently tighten the two rear tiedowns. 49 CFR 393.112 states that each tiedown, or its associated connectors, or its attachment mechanisms must be designed, constructed, and maintained so the driver of an in-transit commercial motor vehicle can tighten them. Looking at the definition of a tiedown and ``its associated connectors'' and the method by which a disabled vehicle is secured to the carrier bed, each chain or tiedown is completely adjustable. Specifically in the example above, when a chain is dropped into a keyhole slot the length of the chain is easily adjustable and the tension can be further adjusted by either the winch, tilt of the bed, or a chain binder or ratchet assembly--by tightening the front end of the tiedown assembly the rear is also tightened. As a further note, using only two chains as prescribed in 393.128, one at the front and one at the rear, may not meet the cargo securement performance requirements of 0.8g as described in 393.102, particularly in hard stop or crash situations. The towing and recovery industry faces the continuing challenge of operating in the safest and most expeditious manner. Following the current roadside enforcement interpretations of 393.112 and 393.128 and how they are being enforced will push tow operators into using one chain on the front and one on the rear of the disabled vehicle, which the industry considers to be a ``shortcut''. Using only two chains in this manner could easily result in the disabled vehicle moving on the bed, leading to possible loss of control of the truck, leading to possible injuries and/or death. The exemption would apply to all car carrier-type tow trucks. IITR believes that using two non-adjustable tiedowns in addition to the two adjustable tiedowns minimally required will maintain a level of safety that is equivalent to, or greater than, the level of safety achieved without the exemption. Request for Comments In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests public [[Page 66730]] comment from all interested persons on IITR's application for an exemption from 49 CFR 393.112. 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. Issued on: September 15, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016-23358 Filed 9-27-16; 8:45 am] BILLING CODE 4910-EX-P
![66728 Federal Register / Vol. 81, No. 188 / Wednesday, September 28, 2016 / Notices
18 applicants, no drivers were involved CFR 391.41(b)(10) and (b) by a medical Issued on: September 15, 2016.
in crashes and no drivers were examiner who attests that the individual Larry W. Minor,
convicted of moving violations in a is otherwise physically qualified under Associate Administrator for Policy.
CMV. All the applicants achieved a 49 CFR 391.41; (2) that each individual [FR Doc. 2016–23357 Filed 9–27–16; 8:45 am]
record of safety while driving with their provide a copy of the ophthalmologist’s BILLING CODE 4910–EX–P
vision impairment, demonstrating the or optometrist’s report to the medical
likelihood that they have adapted their examiner at the time of the annual
driving skills to accommodate their medical examination; and (3) that each DEPARTMENT OF TRANSPORTATION
condition. As the applicants’ ample individual provide a copy of the annual
driving histories with their vision medical certification to the employer for Federal Motor Carrier Safety
deficiencies are good predictors of retention in the driver’s qualification Administration
future performance, FMCSA concludes file, or keep a copy in his/her driver’s [Docket No. FMCSA–2016–0111]
their ability to drive safely can be qualification file if he/she is self-
projected into the future. employed. The driver must have a copy Parts and Accessories Necessary for
We believe that the applicants’ of the certification when driving, for Safe Operation; Application for an
intrastate driving experience and history presentation to a duly authorized Exemption From the International
provide an adequate basis for predicting Federal, State, or local enforcement Institute of Towing and Recovery
their ability to drive safely in interstate official.
commerce. Intrastate driving, like AGENCY: Federal Motor Carrier Safety
interstate operations, involves V. Discussion of Comments Administration (FMCSA), DOT.
substantial driving on highways on the ACTION: Notice of application for
FMCSA received no comments in this
interstate system and on other roads proceeding. exemption; request for comments.
built to interstate standards. Moreover,
driving in congested urban areas VI. Conclusion SUMMARY: The Federal Motor Carrier
exposes the driver to more pedestrian Safety Administration (FMCSA)
Based upon its evaluation of the 18 requests public comment on an
and vehicular traffic than exists on exemption applications, FMCSA
interstate highways. Faster reaction to application for exemption from the
exempts the following drivers from the International Institute of Towing and
traffic and traffic signals is generally vision requirement in 49 CFR
required because distances between Recovery (IITR) (on behalf of the
391.41(b)(10), subject to the Towing and Recovery Association of
them are more compact. These requirements cited above (49 CFR
conditions tax visual capacity and America (TRAA) and the towing and
391.64(b)): recovery industry) to allow commercial
driver response just as intensely as
interstate driving conditions. The Travis A. Beckum (GA) motor vehicle operators to secure
veteran drivers in this proceeding have Steve Benton (TX) automobiles, light trucks, and vans
operated CMVs safely under those using a total of four tiedowns—two
Caleb E. Boulware (KS)
conditions for at least 3 years, most for fixed and two adjustable—instead of
David E. Campbell (NY) using a minimum of two tiedowns, both
much longer. Their experience and James G. Cothren (GA)
driving records lead us to believe that of which need to be adjustable. While
each applicant is capable of operating in Nenad Harnos (NJ) the Federal Motor Carrier Safety
interstate commerce as safely as he/she Matthew D. Hormann (MN) Regulations (FMCSRs) require each
has been performing in intrastate James W. Jones (AL) tiedown, or its associated connectors or
commerce. Consequently, FMCSA finds Louis M. Jones (LA) attachment mechanisms, to be
that exempting these applicants from adjustable, IITR believes that the use of
Duane R. Martin (PA)
the vision requirement in 49 CFR four tiedowns instead of the two that are
Roger S. Orr (IA) minimally required by the FMCSRs to
391.41(b)(10) is likely to achieve a level
Johnny A. Peery, Jr. (MD) secure automobiles, light trucks, and
of safety equal to that existing without
the exemption. For this reason, the J.W. Ray (ID) vans will maintain a level of safety that
Agency is granting the exemptions for Richard D. Shyrock (MO) is equivalent to, or greater than, the
the 2-year period allowed by 49 U.S.C. Steven D. Sodders (OH) level of safety achieved without the
31136(e) and 31315 to the 18 applicants Jerry M. Stearns, Jr. (AR) exemption even though two of the four
listed in the notice of July 12, 2016 (81 Keith R. Tyler (NC) tiedowns are not adjustable. IITR is
FR 45214). requesting the temporary exemption in
James L. Yingst (IL)
We recognize that the vision of an advance of petitioning FMCSA to
applicant may change and affect his/her In accordance with 49 U.S.C. 31136(e) conduct a rulemaking to amend 49 CFR
ability to operate a CMV as safely as in and 31315, each exemption will be valid 393.112.
the past. As a condition of the for 2 years unless revoked earlier by DATES: Comments must be received on
exemption, therefore, FMCSA will FMCSA. The exemption will be revoked or before October 28, 2016.
impose requirements on the 18 if: (1) The person fails to comply with ADDRESSES: You may submit comments
individuals consistent with the the terms and conditions of the bearing the Federal Docket Management
grandfathering provisions applied to exemption; (2) the exemption has System (FDMS) Docket ID FMCSA–
drivers who participated in the resulted in a lower level of safety than 2016–0111 using any of the following
Agency’s vision waiver program. was maintained before it was granted; or
mstockstill on DSK3G9T082PROD with NOTICES
methods:
Those requirements are found at 49 (3) continuation of the exemption would • Web site: http://
CFR 391.64(b) and include the not be consistent with the goals and www.regulations.gov. Follow the
following: (1) That each individual be objectives of 49 U.S.C. 31136 and 31315. instructions for submitting comments
physically examined every year (a) by If the exemption is still effective at the on the Federal electronic docket site.
an ophthalmologist or optometrist who end of the 2-year period, the person may • Fax: 1–202–493–2251.
attests that the vision in the better eye apply to FMCSA for a renewal under • Mail: Docket Management Facility,
continues to meet the requirement in 49 procedures in effect at that time. U.S. Department of Transportation,
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![Federal Register / Vol. 81, No. 188 / Wednesday, September 28, 2016 / Notices 66729
Room W12–140, 1200 New Jersey Stat. 401] amended 49 U.S.C. 31315 and securement many operators believe that
Avenue SE., Washington, DC 20590– 31136(e) to provide authority to grant properly rated chains are the best option for
0001. exemptions from the Federal Motor securement of heavy loads. A tiedown chain
• Hand Delivery: Ground Floor, Room Carrier Safety Regulations (FMCSRs). is secured to the vehicle at one end of the
load, adjusted for length and then dropped
W12–140, DOT Building, 1200 New On August 20, 2004, FMCSA published into a keyhole slot. Then at the other end of
Jersey Avenue SE., Washington, DC, a final rule (69 FR 51589) implementing the vehicle, tiedowns are secured, and then
between 9 a.m. and 5 p.m. e.t., Monday- section 4007. Under this rule, FMCSA the tension for the cargo securement is
Friday, except Federal holidays. must publish a notice of each exemption adjusted by using a chain binder ratchet
Instructions: All submissions must request in the Federal Register (49 CFR assembly. Tightening one end of the
include the Agency name and docket 381.315(a)). The Agency must provide assembly also tightens the other end.
number for this notice. For detailed the public with an opportunity to As an example of current industry practice,
instructions on submitting comments inspect the information relevant to the once the disabled vehicle has been winched
and additional information on the application, including any safety forward onto the carrier bed a safety chain is
analyses that have been conducted. The installed to prevent rollback. Two tiedown
exemption process, see the ‘‘Public
chains are then attached to the rear of the
Participation’’ heading below. Note that Agency must also provide an disabled vehicle, dropped through two of the
all comments received will be posted opportunity for public comment on the keyhole slots at the rear of the carrier bed,
without change to http:// request. and snugged up or adjusted by using the
www.regulations.gov, including any The Agency reviews the safety winch to remove any slack in the chains.
personal information provided. Please analyses and the public comments and Then two chains or straps are attached and
see the ‘‘Privacy Act’’ heading for determines whether granting the ratcheted to secure the front of the vehicle.
further information. exemption would likely achieve a level Tightening the two front tiedowns
Docket: For access to the docket to of safety equivalent to or greater than subsequently tighten the two rear tiedowns.
read background documents or the level that would be achieved by the 49 CFR 393.112 states that each tiedown,
current regulation (49 CFR 381.305). or its associated connectors, or its attachment
comments received, go to http:// mechanisms must be designed, constructed,
www.regulations.gov or to Room W12– The decision of the Agency must be
and maintained so the driver of an in-transit
140, DOT Building, 1200 New Jersey published in the Federal Register (49 commercial motor vehicle can tighten them.
Avenue SE., Washington, DC, between 9 CFR 381.315(b)). If the Agency denies Looking at the definition of a tiedown and
a.m. and 5 p.m., Monday through the request, it must state the reason for ‘‘its associated connectors’’ and the method
Friday, except Federal holidays. doing so. If the decision is to grant the by which a disabled vehicle is secured to the
Privacy Act: In accordance with 5 exemption, the notice must specify the carrier bed, each chain or tiedown is
U.S.C. 553(c), DOT solicits comments person or class of persons receiving the completely adjustable. Specifically in the
from the public to better inform its exemption and the regulatory provision example above, when a chain is dropped into
or provisions from which an exemption a keyhole slot the length of the chain is easily
rulemaking process. DOT posts these
is granted. The notice must specify the adjustable and the tension can be further
comments, without edit, including any adjusted by either the winch, tilt of the bed,
personal information the commenter effective period of the exemption (up to
or a chain binder or ratchet assembly—by
provides, to www.regulations.gov, as 5 years) and explain the terms and tightening the front end of the tiedown
described in the system of records conditions of the exemption. The assembly the rear is also tightened.
notice (DOT/ALL–14 FDMS), which can exemption may be renewed (49 CFR As a further note, using only two chains as
be reviewed at www.dot.gov/privacy. 381.315(c) and 49 CFR 381.300(b)). prescribed in 393.128, one at the front and
Public participation: The http:// one at the rear, may not meet the cargo
IITR’s Application for Exemption
www.regulations.gov Web site is securement performance requirements of 0.8g
generally available 24 hours each day, IITR has applied for an exemption as described in 393.102, particularly in hard
from 49 CFR 393.112 to allow the use stop or crash situations.
365 days each year. You may find The towing and recovery industry faces the
of two non-adjustable tiedowns in
electronic submission and retrieval help continuing challenge of operating in the
addition to the two adjustable tiedowns
and guidelines under the ‘‘help’’ section safest and most expeditious manner.
currently required. A copy of the
of the http://www.regulations.gov Web Following the current roadside enforcement
application is included in the docket
site as well as the DOT’s http:// interpretations of 393.112 and 393.128 and
referenced at the beginning of this how they are being enforced will push tow
docketsinfo.dot.gov Web site. If you
notice. operators into using one chain on the front
would like notification that we received Section 393.112 of the FMCSRs,
your comments, please include a self- and one on the rear of the disabled vehicle,
‘‘Must a tiedown be adjustable?’’ states which the industry considers to be a
addressed, stamped envelope or ‘‘Each tiedown, or its associated ‘‘shortcut’’. Using only two chains in this
postcard or print the acknowledgment connectors, or its attachment manner could easily result in the disabled
page that appears after submitting mechanisms must be designed, vehicle moving on the bed, leading to
comments online. constructed, and maintained so the possible loss of control of the truck, leading
FOR FURTHER INFORMATION CONTACT: Mrs. driver of an in-transit commercial motor to possible injuries and/or death.
Amina Fisher, Vehicle and Roadside vehicle can tighten them.’’ Section The exemption would apply to all car
Operations Division, Office of Carrier, 393.128, ‘‘What are the rules for carrier-type tow trucks. IITR believes
Driver, and Vehicle Safety, MC–PSV, securing automobiles, light trucks and that using two non-adjustable tiedowns
(202) 366–2782, Federal Motor Carrier vans?’’, states in paragraph (b)(1) that in addition to the two adjustable
Safety Administration, 1200 New Jersey ‘‘Automobiles, light trucks, and vans tiedowns minimally required will
Avenue SE., Washington, DC 20590– must be restrained at both the front and
mstockstill on DSK3G9T082PROD with NOTICES
maintain a level of safety that is
0001. rear to prevent lateral, forward, equivalent to, or greater than, the level
SUPPLEMENTARY INFORMATION: rearward, and vertical movement using of safety achieved without the
a minimum of two tiedowns.’’ exemption.
Background In its application, IITR states:
Section 4007 of the Transportation Request for Comments
The use of chains as a tiedown securement
Equity Act for the 21st Century (TEA– has been an industry standard for many In accordance with 49 U.S.C. 31315
21) [Pub. L. 105–178, June 9, 1998, 112 years. While there are other methods of and 31136(e), FMCSA requests public
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![66730 Federal Register / Vol. 81, No. 188 / Wednesday, September 28, 2016 / Notices
comment from all interested persons on DATES: FMCSA denied the application said that the State has had no instances
IITR’s application for an exemption for exemption by letter dated August 8, of fraud in its third-party testing
from 49 CFR 393.112. All comments 2016. organizations.
received before the close of business on FOR FURTHER INFORMATION CONTACT: Mr. Public Comments
the comment closing date indicated at Thomas Yager, Chief, FMCSA Driver
the beginning of this notice will be and Carrier Operations Division; Office On March 9, 2016, FMCSA published
considered and will be available for of Carrier, Driver and Vehicle Safety in the Federal Register notice of the ITD
examination in the docket at the Standards, FMCSA; Telephone: 614– application and requested public
location listed under the ADDRESSES 942–6477. Email: MCPSD@dot.gov. comment (81 FR 12443). The Agency
section of this notice. Comments received three comments, all of which
SUPPLEMENTARY INFORMATION:
received after the comment closing date opposed the exemption. One commenter
will be filed in the public docket and Background objected to all exemptions in general.
will be considered to the extent The Commercial Vehicle Training
FMCSA has authority under 49 U.S.C.
practicable. In addition to late Association stated that exempting Idaho
31136(e) and 31315 to grant exemptions
comments, FMCSA will also continue to from the bond requirement is
from certain parts of the Federal Motor
file, in the public docket, relevant unnecessary because the State has the
Carrier Safety Regulations. FMCSA must
information that becomes available after authority to determine what the amount
publish a notice of each exemption
the comment closing date. Interested of these bonds should be. Therefore, if
request in the Federal Register (49 CFR
persons should continue to examine the Idaho determines that the current bond
381.315(a)). The Agency must provide
public docket for new material. requirement is too high, it can simply
the public an opportunity to inspect the
reduce the requisite amount. The Surety
Issued on: September 15, 2016. information relevant to the application,
and Fidelity Association of America
Larry W. Minor, including any safety analyses that have
listed various reasons why a surety
Associate Administrator for Policy. been conducted. The Agency must also
bond has value to the State and is in the
[FR Doc. 2016–23358 Filed 9–27–16; 8:45 am] provide an opportunity for public
public interest.
BILLING CODE 4910–EX–P
comment on the request. No commenters supported the ITD
The Agency reviews safety analyses exemption request.
and public comments submitted, and
DEPARTMENT OF TRANSPORTATION determines whether granting the FMCSA Decision
exemption would likely achieve a level The Agency’s decision is based upon
Federal Motor Carrier Safety of safety equivalent to, or greater than, the information provided by the
Administration the level that would be achieved by the applicants, and its review of comments
current regulation (49 CFR 381.305). received in response to the Federal
[Docket No. FMCSA–2015–0489] The decision of the Agency must be Register notice. The Agency concluded
published in the Federal Register (49 that the ITD application failed to
Commercial Driver’s License CFR 381.315(b)) with the reasons for demonstrate how by eliminating the
Standards: Application for Exemption; denying or granting the application and, requirement for third party testers to
State of Idaho, Idaho Transportation if granted, the name of the person or initiate and maintain a bond would
Department (ITD) class of persons receiving the achieve a level of safety equivalent to,
exemption, and the regulatory provision or greater than, the level that would be
AGENCY: Federal Motor Carrier Safety from which the exemption is granted. achieved by the current regulation. The
Administration (FMCSA), DOT. The notice must also specify the Agency believes the regulation provides
ACTION: Notice of final disposition; effective period and explain the terms the proper balance, protecting the
denial of application for exemption. and conditions of the exemption. The public interest while imposing only
exemption may be renewed (49 CFR minimal costs on small third-party
SUMMARY: FMCSA announces that it has 381.300(b)). testers. The bond requirement is a
denied an application for exemption business standard that not only provides
from the requirement that third-party ITD Application for Exemption
a higher degree of assurance that the
commercial driver’s license (CDL) The Idaho Transportation Department CDL tests performed meet FMCSA and
testers maintain a bond in an amount (ITD) is responsible for State State requirements, but that the tests are
determined by the State that employs transportation infrastructure and also performed by qualified individuals
them. The bond is intended to be oversees the disbursement of Federal, as agents of the State. ITD did not
sufficient to pay for re-testing drivers in State, and grant funding for Idaho provide any data, studies or research
the event that the third party or its transportation programs. supporting its request, or explain why a
examiners is involved in fraudulent The ITD applied for an exemption reduced bond amount would not
activities related to CDL skills testing. from the regulations in 49 CFR achieve the same result as an
The Division of Motor Vehicles, Idaho 383.75(a)(8)(v) that require third party exemption. Therefore, the Agency
Transportation Department (ITD) testers to initiate and maintain a bond cannot determine that ITD’s proposed
submitted the application for in an amount determined by the State to exemption would meet the statutory
exemption. FMCSA published ITD’s be sufficient to pay for re-testing drivers requirement to maintain the required
application, reviewed the public in the event that the third party or one levels of safety. Accordingly, FMCSA
comments received, and denied the or more of its examiners is involved in
mstockstill on DSK3G9T082PROD with NOTICES
denied ITD’s application for exemption
application because available fraudulent activities related to by letter dated August 8, 2016.
information did not allow the Agency to conducting skills testing of CDL
conclude that the proposed exemption applicants. The ITD requested the Issued on: September 14, 2016.
would achieve a level of safety that is exemption because the regulation Larry W. Minor,
equivalent to, or greater than, the level creates a financial hardship for testing Associate Administrator for Policy.
of safety that would be obtained absent examiners who must be bonded but [FR Doc. 2016–23369 Filed 9–27–16; 8:45 am]
the exemption. conduct only a few tests monthly. ITD BILLING CODE 4910–EX–P
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Document Created: 2016-09-28 01:08:34
Document Modified: 2016-09-28 01:08:34
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of application for exemption; request for comments. | |
| Dates | Comments must be received on or before October 28, 2016. | |
| Contact | Mrs. Amina Fisher, Vehicle and Roadside Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC-PSV, (202) 366-2782, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. | |
| FR Citation | 81 FR 66728 |
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