81 FR 6927 - Parts and Accessories Necessary for Safe Operation; TowMate, LLC Application for an Exemption
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 81, Issue 26 (February 9, 2016)
Federal Motor Carrier Safety Administration
Federal Register Volume 81, Issue 26 (February 9, 2016)
| Page Range | 6927-6928 | |
| FR Document | 2016-02511 |
[Federal Register Volume 81, Number 26 (Tuesday, February 9, 2016)] [Notices] [Pages 6927-6928] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-02511] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2015-0238] Parts and Accessories Necessary for Safe Operation; TowMate, LLC Application for an Exemption AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. ----------------------------------------------------------------------- SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) announces its decision to grant TowMate, LLC's (TowMate) application for a limited two-year exemption to allow motor carriers to operate rechargeable wireless temporary stop, turn, and tail lighting systems during temporary towing operations. Under the Federal Motor Carrier Safety Regulations (FMCSRs), all required lamps, with the exception of battery-powered lamps used on projecting loads, must be powered by the electrical system of the motor vehicle. The Agency has determined that use of rechargeable wireless temporary stop, turn, and tail lighting systems during temporary towing operations would not have an adverse impact on safety, and use of these systems under the terms and conditions of the exemption would achieve a level of safety equivalent to or greater than the level of safety provided by the regulation. This decision is consistent with an August 2005 amendment to the FMCSRs to allow battery powered lamps on the rear of projecting loads. DATES: This exemption is effective February 9, 2016 and ending February 9, 2018. FOR FURTHER INFORMATION CONTACT: Mr. Luke Loy, Vehicle and Roadside Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC- PSV, (202) 366-0676, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. Docket: For access to the docket to read background documents or comments submitted to notice requesting public comments on the exemption application, go to www.regulations.gov at any time or visit Room W12-140 on the ground level of the West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. The on-line Federal document management system is available 24 hours each day, 365 days each year. The docket number is listed at the beginning of this notice. SUPPLEMENTARY INFORMATION: Background FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant exemptions from certain parts of the Federal Motor Carrier Safety Regulations. FMCSA must publish a notice of each exemption request in the Federal Register (49 CFR 381.315(a)). The Agency must provide the public an opportunity to inspect the information relevant to the application, including any safety analyses that have been conducted. The Agency must also provide an opportunity for public comment on the request. The Agency reviews safety analyses and public comments submitted, and determines whether granting the exemption would likely achieve a level of safety equivalent to, or greater than, the level that would be achieved by the current regulation (49 CFR 381.305). The decision of the Agency must be published in the Federal Register (49 CFR 381.315(b)) with the reasons for denying or granting the application and, if granted, the name of the person or class of persons receiving the exemption, and the regulatory provision from which the exemption is granted. The notice must also specify the effective period and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.300(b)). TowMate's Application for Exemption TowMate applied for an exemption from 49 CFR 393.23 to allow motor carriers to operate rechargeable wireless temporary stop, turn, and tail lighting systems during temporary towing operations. A copy of the application is included in the docket referenced at the beginning of this notice. Section 393.23, ``Power Supply for Lamps,'' provides that ``All required lamps must be powered by the electrical system of the motor vehicle with the exception of battery powered lamps used on projecting loads.'' The application stated: TowMate is making this request because the use of conventional hard wired temporary stop, turn, and tail lights has many drawbacks that wireless tow lights solve. These include broken connections, frayed wires, burnt out incandescent bulbs, and the potential to be snagged or pulled from the tow light receptacle due to improper running of wires, and road hazards, along with the safety hazard of increasing the amount of time spent on the roadside or the scene of an accident by stringing wired lighting systems between vehicles and securing the wires. With the advent of LED technology coupled with advancements in battery technologies, wireless tow lights are more reliable and better equipped for the rigors of daily temporary use. Temporary wireless stop, turn, tail lighting systems can operate for 10+ hours of continuous use on a full charge, and in-cab wire- less monitoring systems give the driver constant information on the functioning of the system, displaying state of charge of the battery inside the unit, displaying the functioning of the system during operation, and warning the driver if the unit is no longer functioning. In this sense, wireless tow lights provide a level of safety and redundancy that is not currently required on wired temporary lighting systems. In an emergency situation with a drained battery, power can be directly connected to the temporary wireless stop, turn, and tail lighting system from a standard 4 pin or 7 pin electrical connection. Without the proposed temporary exemption, tow and haul away operators will be forced to continue to use cumbersome wired temporary towing light systems, placing an unnecessary burden on their daily operations. The current temporary lighting requirements for stop, tail, and turn lamps require that the lamps receive their power from a direct wired connection to the towing vehicle with no ascertainable benefit from doing such. Wireless tow lights afford benefits that wired systems are unable to, such as redundancies like monitoring the status of the unit in real time, thus assuring their proper operation at all times. Comments On August 6, 2015, FMCSA published notice of the TowMate application and requested public comment (80 FR 47031). The Agency received thirteen comments, all in support of TowMate's application. The Towing and Recovery Association of America, Inc., and the Wisconsin Towing Association commented that hard-wired temporary stop, tail and turn signal lighting systems take additional time to install on the side of the road or highway as compared to wireless systems, leaving tow operators vulnerable and at greater risk of being struck and injured by passing motorists These commenters stated that use of rechargeable wireless temporary stop, turn, and tail lighting [[Page 6928]] systems would help eliminate this hazard, and provide a safer working environment. Seven commenters identified themselves as owners of small towing companies that use rechargeable wireless temporary stop, turn, and tail lighting systems when conducting temporary emergency tows. These commenters echoed the comments above, noting that use of the wireless systems allows operators to clear accident scenes from roadways faster and thereby increases tow operator safety. Four additional commenters supported TowMate's application, noting the same benefits as the other commenters. Discussion Prior to August 2005, section 393.23 of the FMCSRs was titled ``Lighting devices to be electric,'' and stated ``Lighting devices shall be electric, except that red liquid-burning lanterns may be used on the end of loads in the nature of poles, pipes, and ladders projecting to the rear of the motor vehicle.'' In a final rule published on August 15, 2005, FMCSA amended section 393.23 of the FMCSRs to incorporate terminology which is more consistent with current industry standards and practices (70 FR 48008). Specifically, the title of section 393.23 was revised to read ``Power supply for lamps,'' the reference to red liquid-burning lanterns was removed as obsolete, and-- as it relates to the subject exemption application--the rule was amended to permit the use of battery powered lamps on projecting loads. With respect to the use of battery powered lamps, the August 2005 rule states ``With the exception of temporary lamps used on projecting loads, lamps are required to be powered through the electrical system of the commercial motor vehicle.'' [Emphasis added]. Motor vehicles transporting loads which extend more than 4 feet beyond the rear of the motor vehicle, or which have tailboards or tailgates extending more than 4 feet beyond the body, are required to mark those projections when the vehicle is operated during the hours when headlamps are required. Specifically, each side of the projecting load is required to be marked with one red side marker lamp, visible from the side, located to indicate the maximum overhang, and the rear of the projecting load is required to be marked with two red lamps, visible from the rear, one at each side, and two red reflectors visible from the rear, one at each side, located so as to indicate the maximum width of the projection. By expressly permitting battery powered lamps on projecting loads via the August 2005 final rule, the Agency has directly acknowledged the viability of lighting systems powered by sources other than the vehicle's electrical system in limited applications where the lamps required by the regulations are temporary in nature due to the specific vehicle operation. Section 393.17 of the FMCSRs prescribes the lighting requirements for vehicles engaged in driveaway-towaway operations. A vehicle combination consisting of a tow vehicle pulling a wrecked or disabled vehicle is considered a driveaway-towaway operation, and the combination needs to be equipped with the lighting devices specified in section 393.17. Specifically with respect to the rear of the rearmost towed vehicle in such a combination, section 393.17(b)(2) requires at least two tail lamps, two stop lamps, two turn signals, two clearance lamps, and two reflectors, one of each type at each side. In addition, if any vehicle in the combination is 80 inches or more in overall width, there must be three identification lamps on the rear. Similar to the temporary lamps required on the rear of projecting loads, the required lamps on the rear of a wrecked or disabled vehicle being transported to a motor carrier's terminal or facility for repairs are temporary in nature. FMCSA Decision FMCSA has evaluated the comments received in support of TowMate's application. The Agency agrees that permitting the use of rechargeable wireless temporary stop, turn, and tail lighting systems during temporary towing operations will reduce the time tow operators spend at the side of the road connecting wired lighting systems between vehicles, thereby reducing their risk of injury and increasing safety. The Agency believes that use of the rechargeable wireless lighting systems will maintain a level of safety that is equivalent to, or greater than, the level of safety achieved without the exemption. This decision is consistent with the amendment made in the August 2005 final rule to allow battery powered lamps on the rear of projecting loads. Terms and Conditions for the Exemption The Agency hereby grants the exemption for a two-year period, beginning February 9, 2016 and ending February 9, 2018. During the temporary exemption period, motor carriers will be allowed to use rechargeable wireless temporary stop, turn, and tail lighting systems that do not meet the lighting power supply requirements of 49 CFR 393.23 during temporary towing operations, provided the requirements of 49 CFR 393.17(b)(2) are met. The exemption will be valid for two years unless rescinded earlier by FMCSA. The exemption will be rescinded if: (1) Motor carriers and/or commercial motor vehicles fail to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained before it was granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315(b). Interested parties possessing information that would demonstrate that motor carriers using rechargeable wireless temporary stop, turn, and tail lighting systems during temporary towing operations are not achieving the requisite statutory level of safety should immediately notify FMCSA. The Agency will evaluate any such information and, if safety is being compromised or if the continuation of the exemption is not consistent with 49 U.S.C. 31136(e) and 31315(b), will take immediate steps to revoke the exemption. Preemption In accordance with 49 U.S.C. 31313(d), as implemented by 49 CFR 381.600, during the period this exemption is in effect, no State shall enforce any law or regulation applicable to interstate commerce that conflicts with or is inconsistent with this exemption with respect to a firm or person operating under the exemption. States may, but are not required to, adopt the same exemption with respect to operations in intrastate commerce. Issued on: January 29, 2016. T.F. Scott Darling, III, Acting Administrator. [FR Doc. 2016-02511 Filed 2-8-16; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Notices 6927
FMCSA as a curbside bus operator Avenue SE., Washington, DC 20590– The application stated:
requiring an annual safety assessment? 0001. TowMate is making this request because
9. Is there any additional criteria we Docket: For access to the docket to the use of conventional hard wired
should consider to identify which motor read background documents or temporary stop, turn, and tail lights has many
carrier of passenger should be defined comments submitted to notice drawbacks that wireless tow lights solve.
as a curbside bus operator requiring an requesting public comments on the These include broken connections, frayed
annual safety assessment? exemption application, go to wires, burnt out incandescent bulbs, and the
www.regulations.gov at any time or visit potential to be snagged or pulled from the
Issued under the authority delegated in 49 tow light receptacle due to improper running
CFR 1.87 on: January 29, 2016. Room W12–140 on the ground level of
the West Building, 1200 New Jersey of wires, and road hazards, along with the
T.F. Scott Darling, III, safety hazard of increasing the amount of
Avenue SE., Washington, DC, between 9
Acting Administrator. time spent on the roadside or the scene of an
a.m. and 5 p.m., ET, Monday through accident by stringing wired lighting systems
[FR Doc. 2016–02510 Filed 2–8–16; 8:45 am] Friday, except Federal holidays. The on- between vehicles and securing the wires.
BILLING CODE 4910–EX–P line Federal document management With the advent of LED technology coupled
system is available 24 hours each day, with advancements in battery technologies,
365 days each year. The docket number wireless tow lights are more reliable and
DEPARTMENT OF TRANSPORTATION is listed at the beginning of this notice. better equipped for the rigors of daily
SUPPLEMENTARY INFORMATION: temporary use.
Federal Motor Carrier Safety Temporary wireless stop, turn, tail lighting
Administration Background systems can operate for 10+ hours of
FMCSA has authority under 49 U.S.C. continuous use on a full charge, and in-cab
[Docket No. FMCSA–2015–0238] wire-less monitoring systems give the driver
31136(e) and 31315 to grant exemptions constant information on the functioning of
from certain parts of the Federal Motor the system, displaying state of charge of the
Parts and Accessories Necessary for Carrier Safety Regulations. FMCSA must
Safe Operation; TowMate, LLC battery inside the unit, displaying the
publish a notice of each exemption functioning of the system during operation,
Application for an Exemption request in the Federal Register (49 CFR and warning the driver if the unit is no
AGENCY: Federal Motor Carrier Safety 381.315(a)). The Agency must provide longer functioning. In this sense, wireless
Administration (FMCSA), DOT. the public an opportunity to inspect the tow lights provide a level of safety and
information relevant to the application, redundancy that is not currently required on
ACTION: Notice of final disposition. wired temporary lighting systems. In an
including any safety analyses that have
been conducted. The Agency must also emergency situation with a drained battery,
SUMMARY: The Federal Motor Carrier power can be directly connected to the
Safety Administration (FMCSA) provide an opportunity for public temporary wireless stop, turn, and tail
announces its decision to grant comment on the request. lighting system from a standard 4 pin or 7
TowMate, LLC’s (TowMate) application The Agency reviews safety analyses pin electrical connection.
for a limited two-year exemption to and public comments submitted, and Without the proposed temporary
allow motor carriers to operate determines whether granting the exemption, tow and haul away operators will
rechargeable wireless temporary stop, exemption would likely achieve a level be forced to continue to use cumbersome
turn, and tail lighting systems during of safety equivalent to, or greater than, wired temporary towing light systems,
the level that would be achieved by the placing an unnecessary burden on their daily
temporary towing operations. Under the operations. The current temporary lighting
Federal Motor Carrier Safety current regulation (49 CFR 381.305).
The decision of the Agency must be requirements for stop, tail, and turn lamps
Regulations (FMCSRs), all required require that the lamps receive their power
lamps, with the exception of battery- published in the Federal Register (49 from a direct wired connection to the towing
powered lamps used on projecting CFR 381.315(b)) with the reasons for vehicle with no ascertainable benefit from
loads, must be powered by the electrical denying or granting the application and, doing such. Wireless tow lights afford
system of the motor vehicle. The if granted, the name of the person or benefits that wired systems are unable to,
Agency has determined that use of class of persons receiving the such as redundancies like monitoring the
rechargeable wireless temporary stop, exemption, and the regulatory provision status of the unit in real time, thus assuring
from which the exemption is granted. their proper operation at all times.
turn, and tail lighting systems during
temporary towing operations would not The notice must also specify the Comments
have an adverse impact on safety, and effective period and explain the terms
and conditions of the exemption. The On August 6, 2015, FMCSA published
use of these systems under the terms notice of the TowMate application and
and conditions of the exemption would exemption may be renewed (49 CFR
381.300(b)). requested public comment (80 FR
achieve a level of safety equivalent to or 47031). The Agency received thirteen
greater than the level of safety provided TowMate’s Application for Exemption comments, all in support of TowMate’s
by the regulation. This decision is application.
TowMate applied for an exemption
consistent with an August 2005 The Towing and Recovery
from 49 CFR 393.23 to allow motor
amendment to the FMCSRs to allow Association of America, Inc., and the
carriers to operate rechargeable wireless
battery powered lamps on the rear of Wisconsin Towing Association
temporary stop, turn, and tail lighting
projecting loads. commented that hard-wired temporary
systems during temporary towing
DATES: This exemption is effective operations. A copy of the application is stop, tail and turn signal lighting
February 9, 2016 and ending February 9,
mstockstill on DSK4VPTVN1PROD with NOTICES
included in the docket referenced at the systems take additional time to install
2018. beginning of this notice. on the side of the road or highway as
FOR FURTHER INFORMATION CONTACT: Mr. Section 393.23, ‘‘Power Supply for compared to wireless systems, leaving
Luke Loy, Vehicle and Roadside Lamps,’’ provides that ‘‘All required tow operators vulnerable and at greater
Operations Division, Office of Carrier, lamps must be powered by the electrical risk of being struck and injured by
Driver, and Vehicle Safety, MC–PSV, system of the motor vehicle with the passing motorists These commenters
(202) 366–0676, Federal Motor Carrier exception of battery powered lamps stated that use of rechargeable wireless
Safety Administration, 1200 New Jersey used on projecting loads.’’ temporary stop, turn, and tail lighting
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![6928 Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Notices
systems would help eliminate this battery powered lamps on projecting power supply requirements of 49 CFR
hazard, and provide a safer working loads via the August 2005 final rule, the 393.23 during temporary towing
environment. Agency has directly acknowledged the operations, provided the requirements
Seven commenters identified viability of lighting systems powered by of 49 CFR 393.17(b)(2) are met. The
themselves as owners of small towing sources other than the vehicle’s exemption will be valid for two years
companies that use rechargeable electrical system in limited applications unless rescinded earlier by FMCSA. The
wireless temporary stop, turn, and tail where the lamps required by the exemption will be rescinded if: (1)
lighting systems when conducting regulations are temporary in nature due Motor carriers and/or commercial motor
temporary emergency tows. These to the specific vehicle operation. vehicles fail to comply with the terms
commenters echoed the comments Section 393.17 of the FMCSRs and conditions of the exemption; (2) the
above, noting that use of the wireless prescribes the lighting requirements for exemption has resulted in a lower level
systems allows operators to clear vehicles engaged in driveaway-towaway of safety than was maintained before it
accident scenes from roadways faster operations. A vehicle combination was granted; or (3) continuation of the
and thereby increases tow operator consisting of a tow vehicle pulling a exemption would not be consistent with
safety. wrecked or disabled vehicle is the goals and objectives of 49 U.S.C.
Four additional commenters considered a driveaway-towaway 31136(e) and 31315(b).
supported TowMate’s application, operation, and the combination needs to Interested parties possessing
noting the same benefits as the other be equipped with the lighting devices information that would demonstrate
commenters. specified in section 393.17. Specifically that motor carriers using rechargeable
Discussion with respect to the rear of the rearmost wireless temporary stop, turn, and tail
towed vehicle in such a combination, lighting systems during temporary
Prior to August 2005, section 393.23 section 393.17(b)(2) requires at least two towing operations are not achieving the
of the FMCSRs was titled ‘‘Lighting tail lamps, two stop lamps, two turn requisite statutory level of safety should
devices to be electric,’’ and stated signals, two clearance lamps, and two immediately notify FMCSA. The
‘‘Lighting devices shall be electric, reflectors, one of each type at each side. Agency will evaluate any such
except that red liquid-burning lanterns In addition, if any vehicle in the information and, if safety is being
may be used on the end of loads in the combination is 80 inches or more in compromised or if the continuation of
nature of poles, pipes, and ladders overall width, there must be three the exemption is not consistent with 49
projecting to the rear of the motor identification lamps on the rear. Similar U.S.C. 31136(e) and 31315(b), will take
vehicle.’’ In a final rule published on to the temporary lamps required on the immediate steps to revoke the
August 15, 2005, FMCSA amended rear of projecting loads, the required exemption.
section 393.23 of the FMCSRs to lamps on the rear of a wrecked or
incorporate terminology which is more disabled vehicle being transported to a Preemption
consistent with current industry motor carrier’s terminal or facility for In accordance with 49 U.S.C.
standards and practices (70 FR 48008). repairs are temporary in nature. 31313(d), as implemented by 49 CFR
Specifically, the title of section 393.23 381.600, during the period this
was revised to read ‘‘Power supply for FMCSA Decision exemption is in effect, no State shall
lamps,’’ the reference to red liquid- FMCSA has evaluated the comments enforce any law or regulation applicable
burning lanterns was removed as received in support of TowMate’s to interstate commerce that conflicts
obsolete, and—as it relates to the subject application. The Agency agrees that with or is inconsistent with this
exemption application—the rule was permitting the use of rechargeable exemption with respect to a firm or
amended to permit the use of battery wireless temporary stop, turn, and tail person operating under the exemption.
powered lamps on projecting loads. lighting systems during temporary States may, but are not required to,
With respect to the use of battery towing operations will reduce the time adopt the same exemption with respect
powered lamps, the August 2005 rule tow operators spend at the side of the to operations in intrastate commerce.
states ‘‘With the exception of temporary road connecting wired lighting systems Issued on: January 29, 2016.
lamps used on projecting loads, lamps between vehicles, thereby reducing their
T.F. Scott Darling, III,
are required to be powered through the risk of injury and increasing safety. The
electrical system of the commercial Acting Administrator.
Agency believes that use of the
motor vehicle.’’ [Emphasis added]. [FR Doc. 2016–02511 Filed 2–8–16; 8:45 am]
rechargeable wireless lighting systems
Motor vehicles transporting loads will maintain a level of safety that is BILLING CODE 4910–EX–P
which extend more than 4 feet beyond equivalent to, or greater than, the level
the rear of the motor vehicle, or which of safety achieved without the
have tailboards or tailgates extending DEPARTMENT OF TRANSPORTATION
exemption. This decision is consistent
more than 4 feet beyond the body, are with the amendment made in the National Highway Traffic Safety
required to mark those projections when August 2005 final rule to allow battery Administration
the vehicle is operated during the hours powered lamps on the rear of projecting
when headlamps are required. loads. [Docket No. NHTSA–2013–0134; Notice 2]
Specifically, each side of the projecting
load is required to be marked with one Terms and Conditions for the General Motors LLC, Grant of Petition
red side marker lamp, visible from the Exemption for Decision of Inconsequential
Noncompliance
mstockstill on DSK4VPTVN1PROD with NOTICES
side, located to indicate the maximum The Agency hereby grants the
overhang, and the rear of the projecting exemption for a two-year period, AGENCY: National Highway Traffic
load is required to be marked with two beginning February 9, 2016 and ending Safety Administration (NHTSA),
red lamps, visible from the rear, one at February 9, 2018. During the temporary Department of Transportation (DOT).
each side, and two red reflectors visible exemption period, motor carriers will be ACTION: Grant of petition.
from the rear, one at each side, located allowed to use rechargeable wireless
so as to indicate the maximum width of temporary stop, turn, and tail lighting SUMMARY: General Motors LLC, (GM) has
the projection. By expressly permitting systems that do not meet the lighting determined that certain model year 2014
VerDate Sep<11>2014 17:54 Feb 08, 2016 Jkt 238001 PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 E:\FR\FM\09FEN1.SGM 09FEN1](https://thefederalregister.org/doc/81_FR_6953/page/2.svg)
Document Created: 2018-02-02 14:30:13
Document Modified: 2018-02-02 14:30:13
| 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 final disposition. | |
| Dates | This exemption is effective February 9, 2016 and ending February 9, 2018. | |
| Contact | Mr. Luke Loy, Vehicle and Roadside Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC- PSV, (202) 366-0676, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. | |
| FR Citation | 81 FR 6927 |
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