82_FR_22464 82 FR 22372 - Parts and Accessories Necessary for Safe Operation; Application for an Exemption From the International Institute of Towing and Recovery (IITR)

82 FR 22372 - Parts and Accessories Necessary for Safe Operation; Application for an Exemption From the International Institute of Towing and Recovery (IITR)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 92 (May 15, 2017)

Page Range22372-22374
FR Document2017-09738

The Federal Motor Carrier Safety Administration (FMCSA) announces its decision to grant the International Institute of Towing and Recovery's (IITR's) application for a limited 5-year exemption to allow commercial motor vehicle (CMV) 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 its attachment mechanisms to be adjustable, the Agency has determined that the use of four tiedowns to secure light vehicles, only two of which are adjustable, will (1) prevent lateral, forward, rearward, and vertical movement of the load when in transit, and (2) provide a level of safety that is equivalent to, or greater than, the level of safety provided by the regulation.

Federal Register, Volume 82 Issue 92 (Monday, May 15, 2017)
[Federal Register Volume 82, Number 92 (Monday, May 15, 2017)]
[Notices]
[Pages 22372-22374]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09738]


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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 (IITR)

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 the International Institute of Towing 
and Recovery's (IITR's) application for a limited 5-year exemption to 
allow commercial motor vehicle (CMV) 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

[[Page 22373]]

connectors or its attachment mechanisms to be adjustable, the Agency 
has determined that the use of four tiedowns to secure light vehicles, 
only two of which are adjustable, will (1) prevent lateral, forward, 
rearward, and vertical movement of the load when in transit, and (2) 
provide a level of safety that is equivalent to, or greater than, the 
level of safety provided by the regulation.

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 applied for an exemption from 49 CFR 393.112 to allow CMV 
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 are required to be adjustable. 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. However, 
this requirement does not apply to the use of steel strapping.''
    Section 393.128 of the FMCSRs, ``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 that the towing industry has 
adopted a securement method for light vehicles whereby two non-
adjustable tiedowns are attached to the rear of disabled vehicle, and 
then ``snugged up or adjusted by using the winch to remove any slack in 
the chains.'' Two adjustable chains are used to secure the front of the 
disabled vehicle to the transport vehicle, and ``as the front binder or 
ratchet is tightened up, it not only tightens up the front tiedown 
chain but the rear tiedown chain as well.'' IITR states that this 
securement system will prevent any lateral, forward, rearward, and 
vertical movement of the disabled vehicle, and that the four-point 
tiedown system exceeds the minimum tiedown requirements specified in 
the FMCSRs. Additional information is provided in the IITR application 
included in the docket referenced at the beginning of this notice.

Public Comments

    On September 28, 2016, FMCSA published notice of the IITR 
application and requested public comment (81 FR 66728). The Agency 
received six comments, all in support of IITR's application. All 
commenters believe that the use of a four-tiedown system provides 
greater assurance that the transported vehicle will be properly secured 
to prevent lateral, forward, rearward, and vertical movement when 
compared to the minimally required two tiedowns permitted by the 
regulations. Mr. Peter O'Connell, commenting on behalf of the Towing 
and Recovery Association of America, the Conference of North-Eastern 
Towing Associations, and the Empire State Towing and Recovery 
Association, stated that ``A non-adjustable chain is also stronger than 
one with a ratcheting device, which is the weakest point of the 
securement--a factor to be considered in a head on collision with a 
heavy vehicle, such as a small truck or SUV on board.''

Discussion

    The FMCSRs, as currently written, do not prohibit the use of a 
four-tiedown system to restrain automobiles, light trucks and vans. 
Instead, the regulations require a minimum of two tiedowns, both of 
which must be adjustable. However, the Agency agrees with the 
commenters that the use of a four-point tiedown system consisting of 
two fixed tiedowns and two adjustable tiedowns will provide a level of 
safety that is equivalent to or greater than a system that uses two 
adjustable tiedowns. In the configuration described in the application, 
tensioning of the adjustable tiedowns on one end of the load via 
binders, ratchets, a winch, or the tilt of the vehicle bed will in turn 
provide a controlled tensioning of the other, fixed tiedowns. The use 
of four tiedowns in this manner will provide restraint of the 
transported vehicle in the lateral, longitudinal, and vertical 
direction as required by section 393.128(b)(1) of the FMCSRs. In 
addition, FMCSA notes that the use of a four-tiedown system wherein all 
four tiedowns are adjustable (as opposed to just two as suggested in 
the IITR exemption application) will provide proper securement.
    FMCSA notes that in addition to the cargo securement requirements 
of part 393, section 392.9(b)(2) of the FMCSRs requires every driver to 
inspect the cargo and the devices used to secure the cargo within the 
first 50 miles after beginning a trip and make adjustments to the cargo 
or load securement devices as necessary--including adding more 
securement devices--to ensure that the cargo cannot shift on or within 
or fall from the CMV. Further, section 392.9(b)(3) of the FMCSRs 
requires every driver to reexamine the cargo and its load securement 
devices during the course of transportation and make any necessary 
adjustment whenever (1) the driver makes a change of duty status, (2) 
the CMV has been driven for 3 hours, or (3) the CMV has been driven for 
150 miles, whichever occurs first.

FMCSA Decision

    FMCSA has evaluated the comments received in support of IITR's 
application. The Agency agrees that allowing the use of four tiedowns, 
at

[[Page 22374]]

least two of which are adjustable, to secure automobiles, light trucks 
and vans will prevent against lateral, forward, rearward, and vertical 
motion as required in 49 CFR 393.128. The Agency believes that this 
configuration will maintain a level of safety that is equivalent to, or 
greater than, the level of safety achieved without the exemption.

Terms and Conditions for the Exemption

    The Agency hereby grants the exemption for a 5-year period, 
beginning May 15, 2017 and ending May 16, 2022. During the temporary 
exemption period, motor carriers will be allowed to use a four-tiedown 
system, at least two of which must be adjustable, to secure 
automobiles, light trucks and vans under 49 CFR 393.128. The exemption 
will be valid for 5 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 who use two non-adjustable tiedowns in addition to 
the two required adjustable tiedowns 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 311315(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: May 8, 2017.
Daphne Y. Jefferson,
Deputy Administrator.
[FR Doc. 2017-09738 Filed 5-12-17; 8:45 am]
 BILLING CODE 4910-EX-P



                                                  22372                           Federal Register / Vol. 82, No. 92 / Monday, May 15, 2017 / Notices

                                                  your comments, please include a self-                   Federal Register (49 CFR 381.315(a)).                 of 400 miles during a two-day period on
                                                  addressed, stamped envelope or                          The Agency must provide the public an                 a quarterly basis. He will in all cases be
                                                  postcard, or print the acknowledgement                  opportunity to inspect the information                accompanied by a holder of a U.S. CDL
                                                  page that appears after submitting                      relevant to the application, including                who is familiar with the routes to be
                                                  comments online.                                        any safety analyses that have been                    traveled. Daimler requests that the
                                                  FOR FURTHER INFORMATION CONTACT: Mr.                    conducted. The Agency must also                       exemption cover the maximum
                                                  Thomas Yager, Chief, FMCSA Driver                       provide an opportunity for public                     allowable duration of 5 years.
                                                  and Carrier Operations Division; Office                 comment on the request.                                  Daimler has explained in prior
                                                  of Carrier, Driver and Vehicle Safety                     The Agency reviews the safety                       exemption requests that the German
                                                  Standards; Telephone: 614–942–6477.                     analyses and the public comments, and                 knowledge and skills tests and training
                                                  Email: MCPSD@dot.gov. If you have                       determines whether granting the                       program ensure that Daimler’s drivers
                                                  questions on viewing or submitting                      exemption would likely achieve a level                operating under the exemption will
                                                  material to the docket, contact Docket                  of safety equivalent to, or greater than,             achieve a level of safety that is
                                                  Services, telephone (202) 366–9826.                     the level that would be achieved by the               equivalent to, or greater than, the level
                                                  SUPPLEMENTARY INFORMATION:                              current regulation (49 CFR 381.305).                  of safety obtained by complying with
                                                                                                          The decision of the Agency must be                    the U.S. requirement for a CDL.
                                                  I. Public Participation and Request for                 published in the Federal Register (49
                                                  Comments                                                                                                      IV. Method To Ensure an Equivalent or
                                                                                                          CFR 381.315(b)) with the reason for the
                                                                                                                                                                Greater Level of Safety
                                                     FMCSA encourages you to participate                  grant or denial, and, if granted, the
                                                  by submitting comments and related                      specific person or class of persons                     FMCSA has previously determined
                                                  materials.                                              receiving the exemption, and the                      that the process for obtaining a German
                                                                                                          regulatory provision or provisions from               commercial license is comparable to, or
                                                  Submitting Comments                                     which exemption is granted. The notice                as effective as, the requirements of part
                                                     If you submit a comment, please                      must also specify the effective period of             383, and adequately assesses the
                                                  include the docket number for this                      the exemption (up to 5 years), and                    driver’s ability to operate CMVs in the
                                                  notice (FMCSA–2012–0032), indicate                      explain the terms and conditions of the               U.S. Since 2012, FMCSA has granted
                                                  the specific section of this document to                exemption. The exemption may be                       Daimler drivers similar exemptions
                                                  which the comment applies, and                          renewed (49 CFR 381.300(b)).                          [May 25, 2012 (77 FR 31422); July 22,
                                                  provide a reason for suggestions or                                                                           2014 (79 FR 42626); March 27, 2015 (80
                                                                                                          III. Daimler Application for Exemption                FR 16511); October 5, 2015 (80 FR
                                                  recommendations. You may submit
                                                                                                          Renewal                                               60220); July 12, 2016 (81 FR 45217);
                                                  your comments and material online or
                                                  by fax, mail, or hand delivery, but                        Daimler has applied for a renewal of               July 25, 2016 (81 FR 48496)].
                                                  please use only one of these means.                     an exemption for one of its engineers                   Issued on: May 8, 2017.
                                                  FMCSA recommends that you include                       from 49 CFR 383.23, which prescribes                  Larry W. Minor,
                                                  your name and a mailing address, an                     licensing requirements for drivers
                                                                                                                                                                Associate Administrator for Policy.
                                                  email address, or a phone number in the                 operating CMVs in interstate or
                                                                                                                                                                [FR Doc. 2017–09736 Filed 5–12–17; 8:45 am]
                                                  body of your document so the Agency                     intrastate commerce. This driver, Sven
                                                                                                          Ennerst, holds a valid German                         BILLING CODE 4910–EX–P
                                                  can contact you if it has questions
                                                  regarding your submission.                              commercial license but is unable to
                                                     To submit your comment online, go to                 obtain a CDL in any of the U.S. States
                                                                                                          due to residency requirements. A copy                 DEPARTMENT OF TRANSPORTATION
                                                  www.regulations.gov and put the docket
                                                  number, ‘‘FMCSA–2012–0032’’ in the                      of the request for renewal, dated                     Federal Motor Carrier Safety
                                                  ‘‘Keyword’’ box, and click ‘‘Search.’’                  February 15, 2017, is in the docket                   Administration
                                                  When the new screen appears, click on                   identified at the beginning of this
                                                  ‘‘Comment Now!’’ button and type your                   notice.                                               [Docket No. FMCSA–2016–0111]
                                                  comment into the text box in the                           FMCSA granted a renewal of an
                                                                                                          exemption to Mr. Ennerst on July 22,                  Parts and Accessories Necessary for
                                                  following screen. Choose whether you
                                                                                                          2015 (80 FR 45576). This exemption                    Safe Operation; Application for an
                                                  are submitting your comment as an
                                                                                                          was effective July 22, 2015, and expires              Exemption From the International
                                                  individual or on behalf of a third party
                                                                                                          July 22, 2017. Detailed information                   Institute of Towing and Recovery (IITR)
                                                  and then submit. If you submit your
                                                  comments by mail or hand delivery,                      about the qualifications and experience               AGENCY: Federal Motor Carrier Safety
                                                  submit them in an unbound format, no                    of Mr. Ennerst was provided by Daimler                Administration (FMCSA), DOT.
                                                  larger than 81⁄2 by 11 inches, suitable for             in its original application, a copy of                ACTION: Notice of final disposition
                                                  copying and electronic filing. If you                   which is in the docket referenced above.
                                                  submit comments by mail and would                       Renewal of the exemption will enable                  SUMMARY:   The Federal Motor Carrier
                                                  like to know that they reached the                      Mr. Ennerst to operate CMVs in                        Safety Administration (FMCSA)
                                                  facility, please enclose a stamped, self-               interstate or intrastate commerce to                  announces its decision to grant the
                                                  addressed postcard or envelope. FMCSA                   support Daimler field tests designed to               International Institute of Towing and
                                                  will consider all comments and material                 meet future vehicle safety and                        Recovery’s (IITR’s) application for a
                                                  received during the comment period                      environmental requirements and to                     limited 5-year exemption to allow
                                                  and may grant or not grant this                         develop improved safety and emission                  commercial motor vehicle (CMV)
                                                                                                          technologies. According to Daimler, Mr.               operators to secure automobiles, light
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  application based on your comments.
                                                                                                          Ennerst will typically drive for no more              trucks, and vans using a total of four
                                                  II. Legal Basis                                         than 6 hours per day for 2 consecutive                tiedowns—two fixed and two
                                                     FMCSA has authority under 49 U.S.C.                  days, and 10 percent of the test driving              adjustable—instead of using a minimum
                                                  31136(e) and 31315 to grant exemptions                  will be on two-lane State highways,                   of two tiedowns, both of which need to
                                                  from the Federal Motor Carrier Safety                   while 90 percent will be on interstate                be adjustable. While the Federal Motor
                                                  Regulations. FMCSA must publish a                       highways. The driving will consist of no              Carrier Safety Regulations (FMCSRs)
                                                  notice of each exemption request in the                 more than 200 miles per day, for a total              require each tiedown, or its associated


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                                                                                  Federal Register / Vol. 82, No. 92 / Monday, May 15, 2017 / Notices                                             22373

                                                  connectors or its attachment                            to secure automobiles, light trucks, and              of North-Eastern Towing Associations,
                                                  mechanisms to be adjustable, the                        vans using a total of four tiedowns—two               and the Empire State Towing and
                                                  Agency has determined that the use of                   fixed and two adjustable—instead of                   Recovery Association, stated that ‘‘A
                                                  four tiedowns to secure light vehicles,                 using a minimum of two tiedowns, both                 non-adjustable chain is also stronger
                                                  only two of which are adjustable, will                  of which are required to be adjustable.               than one with a ratcheting device,
                                                  (1) prevent lateral, forward, rearward,                 A copy of the application is included in              which is the weakest point of the
                                                  and vertical movement of the load when                  the docket referenced at the beginning                securement—a factor to be considered
                                                  in transit, and (2) provide a level of                  of this notice.                                       in a head on collision with a heavy
                                                  safety that is equivalent to, or greater                   Section 393.112 of the FMCSRs,                     vehicle, such as a small truck or SUV on
                                                  than, the level of safety provided by the               ‘‘Must a tiedown be adjustable?,’’ states             board.’’
                                                  regulation.                                             ‘‘Each tiedown, or its associated
                                                                                                          connectors, or its attachment                         Discussion
                                                  FOR FURTHER INFORMATION CONTACT: Mrs.
                                                                                                          mechanisms must be designed,                             The FMCSRs, as currently written, do
                                                  Amina Fisher, Vehicle and Roadside
                                                                                                          constructed, and maintained so the                    not prohibit the use of a four-tiedown
                                                  Operations Division, Office of Carrier,
                                                                                                          driver of an in-transit commercial motor              system to restrain automobiles, light
                                                  Driver, and Vehicle Safety, MC–PSV,
                                                                                                          vehicle can tighten them. However, this               trucks and vans. Instead, the regulations
                                                  (202) 366–2782, Federal Motor Carrier
                                                                                                          requirement does not apply to the use                 require a minimum of two tiedowns,
                                                  Safety Administration, 1200 New Jersey
                                                                                                          of steel strapping.’’                                 both of which must be adjustable.
                                                  Avenue SE., Washington, DC 20590–
                                                                                                             Section 393.128 of the FMCSRs,                     However, the Agency agrees with the
                                                  0001.
                                                                                                          ‘‘What are the rules for securing                     commenters that the use of a four-point
                                                  SUPPLEMENTARY INFORMATION:                              automobiles, light trucks and vans?,’’                tiedown system consisting of two fixed
                                                  Background                                              states in paragraph (b)(1) that                       tiedowns and two adjustable tiedowns
                                                                                                          ‘‘Automobiles, light trucks, and vans                 will provide a level of safety that is
                                                     Section 4007 of the Transportation                   must be restrained at both the front and              equivalent to or greater than a system
                                                  Equity Act for the 21st Century (TEA–                   rear to prevent lateral, forward,                     that uses two adjustable tiedowns. In
                                                  21) [Pub. L. 105–178, June 9, 1998, 112                 rearward, and vertical movement using                 the configuration described in the
                                                  Stat. 401] amended 49 U.S.C. 31315 and                  a minimum of two tiedowns.’’                          application, tensioning of the adjustable
                                                  31136(e) to provide authority to grant                     In its application, IITR states that the           tiedowns on one end of the load via
                                                  exemptions from the Federal Motor                       towing industry has adopted a                         binders, ratchets, a winch, or the tilt of
                                                  Carrier Safety Regulations (FMCSRs).                    securement method for light vehicles                  the vehicle bed will in turn provide a
                                                  On August 20, 2004, FMCSA published                     whereby two non-adjustable tiedowns                   controlled tensioning of the other, fixed
                                                  a final rule (69 FR 51589) implementing                 are attached to the rear of disabled                  tiedowns. The use of four tiedowns in
                                                  section 4007. Under this rule, FMCSA                    vehicle, and then ‘‘snugged up or                     this manner will provide restraint of the
                                                  must publish a notice of each exemption                 adjusted by using the winch to remove                 transported vehicle in the lateral,
                                                  request in the Federal Register (49 CFR                 any slack in the chains.’’ Two adjustable             longitudinal, and vertical direction as
                                                  381.315(a)). The Agency must provide                    chains are used to secure the front of the            required by section 393.128(b)(1) of the
                                                  the public with an opportunity to                       disabled vehicle to the transport                     FMCSRs. In addition, FMCSA notes that
                                                  inspect the information relevant to the                 vehicle, and ‘‘as the front binder or                 the use of a four-tiedown system
                                                  application, including any safety                       ratchet is tightened up, it not only                  wherein all four tiedowns are adjustable
                                                  analyses that have been conducted. The                  tightens up the front tiedown chain but               (as opposed to just two as suggested in
                                                  Agency must also provide an                             the rear tiedown chain as well.’’ IITR                the IITR exemption application) will
                                                  opportunity for public comment on the                   states that this securement system will               provide proper securement.
                                                  request.                                                prevent any lateral, forward, rearward,                  FMCSA notes that in addition to the
                                                     The Agency reviews the safety                        and vertical movement of the disabled                 cargo securement requirements of part
                                                  analyses and the public comments and                    vehicle, and that the four-point tiedown              393, section 392.9(b)(2) of the FMCSRs
                                                  determines whether granting the                         system exceeds the minimum tiedown                    requires every driver to inspect the
                                                  exemption would likely achieve a level                  requirements specified in the FMCSRs.                 cargo and the devices used to secure the
                                                  of safety equivalent to or greater than                 Additional information is provided in                 cargo within the first 50 miles after
                                                  the level that would be achieved by the                 the IITR application included in the                  beginning a trip and make adjustments
                                                  current regulation (49 CFR 381.305).                    docket referenced at the beginning of                 to the cargo or load securement devices
                                                  The decision of the Agency must be                      this notice.                                          as necessary—including adding more
                                                  published in the Federal Register (49                                                                         securement devices—to ensure that the
                                                                                                          Public Comments
                                                  CFR 381.315(b)). If the Agency denies                                                                         cargo cannot shift on or within or fall
                                                  the request, it must state the reason for                  On September 28, 2016, FMCSA                       from the CMV. Further, section
                                                  doing so. If the decision is to grant the               published notice of the IITR application              392.9(b)(3) of the FMCSRs requires
                                                  exemption, the notice must specify the                  and requested public comment (81 FR                   every driver to reexamine the cargo and
                                                  person or class of persons receiving the                66728). The Agency received six                       its load securement devices during the
                                                  exemption and the regulatory provision                  comments, all in support of IITR’s                    course of transportation and make any
                                                  or provisions from which an exemption                   application. All commenters believe                   necessary adjustment whenever (1) the
                                                  is granted. The notice must specify the                 that the use of a four-tiedown system                 driver makes a change of duty status, (2)
                                                  effective period of the exemption (up to                provides greater assurance that the                   the CMV has been driven for 3 hours,
                                                                                                          transported vehicle will be properly
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  5 years) and explain the terms and                                                                            or (3) the CMV has been driven for 150
                                                  conditions of the exemption. The                        secured to prevent lateral, forward,                  miles, whichever occurs first.
                                                  exemption may be renewed (49 CFR                        rearward, and vertical movement when
                                                                                                          compared to the minimally required two                FMCSA Decision
                                                  381.315(c) and 49 CFR 381.300(b)).
                                                                                                          tiedowns permitted by the regulations.                   FMCSA has evaluated the comments
                                                  IITR’s Application for Exemption                        Mr. Peter O’Connell, commenting on                    received in support of IITR’s
                                                    IITR applied for an exemption from                    behalf of the Towing and Recovery                     application. The Agency agrees that
                                                  49 CFR 393.112 to allow CMV operators                   Association of America, the Conference                allowing the use of four tiedowns, at


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                                                  22374                           Federal Register / Vol. 82, No. 92 / Monday, May 15, 2017 / Notices

                                                  least two of which are adjustable, to                   DEPARTMENT OF TRANSPORTATION                          and 5 p.m., e.t., Monday through Friday,
                                                  secure automobiles, light trucks and                                                                          except Federal holidays.
                                                  vans will prevent against lateral,                      Federal Motor Carrier Safety                             Privacy Act: In accordance with 5
                                                  forward, rearward, and vertical motion                  Administration                                        U.S.C. 553(c), DOT solicits comments
                                                  as required in 49 CFR 393.128. The                      [Docket No. FMCSA–2002–12432; FMCSA–                  from the public to better inform its
                                                  Agency believes that this configuration                 2002–12844; FMCSA–2004–19477; FMCSA–                  rulemaking process. DOT posts these
                                                  will maintain a level of safety that is                 2005–23238; FMCSA–2006–26066; FMCSA–                  comments, without edit, including any
                                                  equivalent to, or greater than, the level               2008–0106; FMCSA–2008–0266; FMCSA–                    personal information the commenter
                                                  of safety achieved without the                          2008–0340; FMCSA–2009–0291; FMCSA–                    provides, to http://www.regulations.gov,
                                                  exemption.                                              2009–0321; FMCSA–2010–0114; FMCSA–                    as described in the system of records
                                                                                                          2010–0187; FMCSA–2010–0201; FMCSA–                    notice (DOT/ALL–14 FDMS), which can
                                                  Terms and Conditions for the                            2010–0354; FMCSA–2010–0385; FMCSA–                    be reviewed at http://www.dot.gov/
                                                  Exemption                                               2012–0040; FMCSA–2012–0104; FMCSA–
                                                                                                                                                                privacy.
                                                                                                          2012–0159; FMCSA–2012–0214; FMCSA–
                                                     The Agency hereby grants the                         2012–0337; FMCSA–2012–0338; FMCSA–                    II. Background
                                                  exemption for a 5-year period,                          2012–0339; FMCSA–2014–0004; FMCSA–
                                                  beginning May 15, 2017 and ending                       2014–0006; FMCSA–2014–0007; FMCSA–                       On March 8, 2017, FMCSA published
                                                  May 16, 2022. During the temporary                      2014–0296; FMCSA–2014–0298; FMCSA–                    a notice announcing its decision to
                                                  exemption period, motor carriers will be                2014–0299; FMCSA–2014–0300]                           renew exemptions for 81 individuals
                                                  allowed to use a four-tiedown system, at                                                                      from the vision requirement in 49 CFR
                                                  least two of which must be adjustable,                  Qualification of Drivers; Exemption                   391.41(b)(10) to operate a CMV in
                                                  to secure automobiles, light trucks and                 Applications; Vision                                  interstate commerce and requested
                                                  vans under 49 CFR 393.128. The                          AGENCY: Federal Motor Carrier Safety                  comments from the public (82 FR
                                                  exemption will be valid for 5 years                     Administration (FMCSA), DOT.                          13048). The public comment period
                                                  unless rescinded earlier by FMCSA. The                                                                        ended on April 7, 2017, and no
                                                                                                          ACTION: Notice of final disposition.
                                                  exemption will be rescinded if: (1)                                                                           comments were received.
                                                  Motor carriers and/or commercial motor                  SUMMARY:    FMCSA announces its                          As stated in the previous notice,
                                                  vehicles fail to comply with the terms                  decision to renew exemptions for 81                   FMCSA has evaluated the eligibility of
                                                  and conditions of the exemption; (2) the                individuals from the vision requirement               these applicants and determined that
                                                  exemption has resulted in a lower level                 in the Federal Motor Carrier Safety                   renewing these exemptions would
                                                  of safety than was maintained before it                 Regulations (FMCSRs) for interstate                   achieve a level of safety equivalent to or
                                                  was granted; or (3) continuation of the                 commercial motor vehicle (CMV)                        greater than the level that would be
                                                  exemption would not be consistent with                  drivers. The exemptions enable these                  achieved by complying with the current
                                                  the goals and objectives of 49 U.S.C.                   individuals to continue to operate CMVs               regulation 49 CFR 391.41(b)(10).
                                                  31136(e) and 31315(b).                                  in interstate commerce without meeting                   The physical qualification standard
                                                                                                          the vision requirement in one eye.                    for drivers regarding vision found in 49
                                                     Interested parties possessing                                                                              CFR 391.41(b)(10) states that a person is
                                                  information that would demonstrate                      DATES: Each group of renewed
                                                                                                          exemptions was effective on the dates                 physically qualified to driver a CMV if
                                                  that motor carriers who use two non-                                                                          that person:
                                                  adjustable tiedowns in addition to the                  stated in the discussions below and will
                                                  two required adjustable tiedowns are                    expire on the dates stated in the                        Has distant visual acuity of at least 20/40
                                                                                                          discussions below.                                    (Snellen) in each eye without corrective
                                                  not achieving the requisite statutory
                                                                                                                                                                lenses or visual acuity separately corrected to
                                                  level of safety should immediately                      FOR FURTHER INFORMATION CONTACT: Ms.
                                                                                                                                                                20/40 (Snellen) or better with corrective
                                                  notify FMCSA. The Agency will                           Christine A. Hydock, Chief, Medical                   lenses, distant binocular acuity of a least 20/
                                                  evaluate any such information and, if                   Programs Division, 202–366–4001,                      40 (Snellen) in both eyes with or without
                                                  safety is being compromised or if the                   fmcsamedical@dot.gov, FMCSA,                          corrective lenses, field of vision of at least
                                                  continuation of the exemption is not                    Department of Transportation, 1200                    70° in the horizontal meridian in each eye,
                                                  consistent with 49 U.S.C. 31136(e) and                  New Jersey Avenue SE., Room W64–                      and the ability to recognize the colors of
                                                  311315(b), will take immediate steps to                 224, Washington, DC 20590–0001.                       traffic signals and devices showing red,
                                                  revoke the exemption.                                   Office hours are from 8:30 a.m. to 5                  green, and amber.
                                                                                                          p.m., e.t., Monday through Friday,
                                                  Preemption                                              except Federal holidays. If you have                  III. Discussion of Comments
                                                    In accordance with 49 U.S.C.                          questions regarding viewing or                          FMCSA received no comments in this
                                                  31313(d), as implemented by 49 CFR                      submitting material to the docket,                    preceding.
                                                  381.600, during the period this                         contact Docket Services, telephone (202)
                                                                                                                                                                VI. Conclusion
                                                  exemption is in effect, no State shall                  366–9826.
                                                  enforce any law or regulation applicable                SUPPLEMENTARY INFORMATION:                              As of February 5, 2017, and in
                                                  to interstate commerce that conflicts                                                                         accordance with 49 U.S.C. 31136(e) and
                                                                                                          I. Electronic Access                                  31315, the following 26 individuals
                                                  with or is inconsistent with this
                                                  exemption with respect to a firm or                        You may see all the comments online                have satisfied the conditions for
                                                  person operating under the exemption.                   through the Federal Document                          obtaining a renewed exemption from the
                                                  States may, but are not required to,                    Management System (FDMS) at: http://                  vision requirements (71 FR 5105; 71 FR
                                                                                                                                                                19600; 73 FR 11989; 73 FR 35194; 73 FR
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  adopt the same exemption with respect                   www.regulations.gov.
                                                  to operations in intrastate commerce.                      Docket: For access to the docket to                35197; 73 FR 48273; 73 FR 48275; 73 FR
                                                                                                          read background documents or                          75803; 74 FR 6209; 74 FR 65842; 75 FR
                                                    Issued on: May 8, 2017.                               comments, go to http//                                9478; 75 FR 13653; 75 FR 44050; 75 FR
                                                  Daphne Y. Jefferson,                                    www.regulations.gov and/or Room                       52062; 75 FR 54958; 75 FR 70078; 76 FR
                                                  Deputy Administrator.                                   W12–140 on the ground level of the                    4413; 76 FR 46793; 76 FR 59245; 77 FR
                                                  [FR Doc. 2017–09738 Filed 5–12–17; 8:45 am]             West Building, 1200 New Jersey Avenue                 7234; 77 FR 17107; 77 FR 27847; 77 FR
                                                  BILLING CODE 4910–EX–P                                  SE., Washington, DC, between 9 a.m.                   36336; 77 FR 38386; 77 FR 46795; 77 FR


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Document Created: 2017-05-13 02:38:44
Document Modified: 2017-05-13 02:38:44
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 final disposition
ContactMrs. 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 Citation82 FR 22372 

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