83_FR_6336 83 FR 6306 - Parts and Accessories Necessary for Safe Operation; Application for an Exemption From TowMate, LLC

83 FR 6306 - Parts and Accessories Necessary for Safe Operation; Application for an Exemption From TowMate, LLC

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 30 (February 13, 2018)

Page Range6306-6307
FR Document2018-02890

FMCSA announces its decision to renew for a period of 5 years TowMate, LLC's (TowMate's) current exemption allowing 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 concluded that granting this exemption renewal would not have an adverse impact on safety, and that use of rechargeable wireless temporary stop, turn, and tail lighting systems during temporary towing operations would likely achieve a level of safety equivalent to or greater than the level of safety provided by the regulation. However, the Agency requests comments and information on the exemption, especially from anyone who believes this standard will not be maintained.

Federal Register, Volume 83 Issue 30 (Tuesday, February 13, 2018)
[Federal Register Volume 83, Number 30 (Tuesday, February 13, 2018)]
[Notices]
[Pages 6306-6307]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-02890]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0238]


Parts and Accessories Necessary for Safe Operation; Application 
for an Exemption From TowMate, LLC

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

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

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

SUMMARY: FMCSA announces its decision to renew for a period of 5 years 
TowMate, LLC's (TowMate's) current exemption allowing 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 
concluded that granting this exemption renewal would not have an 
adverse impact on safety, and that use of rechargeable wireless 
temporary stop, turn, and tail lighting systems during temporary towing 
operations would likely achieve a level of safety equivalent to or 
greater than the level of safety provided by the regulation. However, 
the Agency requests comments and information on the exemption, 
especially from anyone who believes this standard will not be 
maintained.

DATES: This decision takes effect February 9, 2018. Comments must be 
received on or before February 20, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2015-0238 using any of the 
following methods:
     Website: http://www.regulations.gov. Follow the 
instructions for submitting comments on the Federal electronic docket 
site.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 
20590-0001.
     Hand Delivery: Ground Floor, Room W12-140, DOT Building, 
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m. 
e.t., Monday-Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and 
docket number for this notice. For detailed instructions on submitting 
comments and additional information on the exemption process, see the 
``Public Participation'' heading below. Note that all comments received 
will be posted without change to http://www.regulations.gov, including 
any personal information provided. Please see the ``Privacy Act'' 
heading for further information.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov or to Room W12-140, 
DOT Building, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.
    Public participation: The http://www.regulations.gov website 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 website as well as 
the DOT's http://docketsinfo.dot.gov website. 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: Ms. Amina Dines, Vehicle and Roadside 
Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC-
PSV, (202) 366-2782, [email protected], Federal Motor Carrier Safety 
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION: 

Background

    FMCSA has authority under 49 U.S.C. 31315 and 31136(e) to grant 
exemptions from certain Federal Motor Carrier Safety Regulations 
(FMCSRs). This authority is codified in 49 CFR part 381. 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(a)).
    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)).

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

[[Page 6307]]

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.

    On August 6, 2015, FMCSA published notice of the TowMate 
application and requested public comment (80 FR 47031). The Agency 
received twenty comments, all in support of TowMate's application. 
FMCSA granted the exemption on February 9, 2016 (81 FR 6927). The 
Agency concluded 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 
determined 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. In towing operations 
during the exemption period, motor carriers are 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, provided the requirements of 49 CFR 393.17(b)(2) are met. The 
decision to grant the temporary exemption was also consistent with an 
amendment made in an August 15, 2005 final rule allowing battery 
powered lamps on the rear of projecting loads.

TowMate's Request To Renew the Exemption

    At the time the exemption was granted, the term of temporary 
exemptions was limited by statute to a maximum of 2 years. However, the 
Fixing America's Surface Transportation (FAST) Act, signed on December 
4, 2015, now allows an exemption to be granted for a period of up to 5 
years (49 U.S.C. 31315(b)(2)) if FMCSA finds ``such exemption would 
likely achieve a level of safety that is equivalent to, or greater 
than, the level that would be achieved absent such exemption'' (Sec.  
31315(b)(1)). TowMate has requested a 5-year extension of the current 
exemption.

Basis for Renewing Exemption

    FMCSA is not aware of any evidence showing that the operation of 
rechargeable wireless temporary stop, turn, and tail lighting systems 
during temporary towing operations during the current exemption has 
resulted in any degradation of safety. The Agency believes that 
extending the exemption for a period of 5 years will likely achieve a 
level of safety that is equivalent to, or greater than, the level of 
safety achieved without the exemption.
    The renewal outlined in this notice extends the exemption from 
February 9, 2018, through February 9, 2023, and requests public 
comment. During that 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 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.

Preemption

    In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR 
381.600, during the period this exemption is in effect, no State shall 
enforce any law or regulation 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.

Request for Comments

    FMCSA requests comments from parties with data concerning the 
safety record of motor carriers using rechargeable wireless temporary 
stop, turn, and tail lighting systems during temporary towing 
operations in accordance with the conditions of the exemption. The 
Agency will evaluate adverse evidence submitted during the comment 
period and at any time during the 5-year period of the exemption. If 
safety is being compromised or if continuation of the exemption would 
not be consistent with the goals and objectives of 49 U.S.C. 31136(e) 
and 31315(b)(1), FMCSA will take immediate steps to revoke the 
exemption.

    Issued on: February 6, 2018.
Cathy F. Gautreaux,
Deputy Administrator.
[FR Doc. 2018-02890 Filed 2-12-18; 8:45 am]
 BILLING CODE 4910-EX-P



                                                6306                        Federal Register / Vol. 83, No. 30 / Tuesday, February 13, 2018 / Notices

                                                  Issued in Washington, DC, on February 7,              Avenue SE, Washington, DC 20590–                      Safety Regulations (FMCSRs). This
                                                2018.                                                   0001.                                                 authority is codified in 49 CFR part 381.
                                                Mohannad Dawoud,                                           • Hand Delivery: Ground Floor, Room                Under this rule, FMCSA must publish a
                                                Management & Program Analyst, Partnership               W12–140, DOT Building, 1200 New                       notice of each exemption request in the
                                                Contracts Branch, ANG–A17, NextGen,                     Jersey Avenue SE, Washington, DC,                     Federal Register (49 CFR 381.315(a)).
                                                Procurement Services Division, Federal                  between 9 a.m. and 5 p.m. e.t., Monday-               The Agency must provide the public
                                                Aviation Administration.                                Friday, except Federal holidays.                      with an opportunity to inspect the
                                                [FR Doc. 2018–02832 Filed 2–12–18; 8:45 am]                Instructions: All submissions must                 information relevant to the application,
                                                BILLING CODE 4910–13–P                                  include the Agency name and docket                    including any safety analyses that have
                                                                                                        number for this notice. For detailed                  been conducted. The Agency must also
                                                                                                        instructions on submitting comments                   provide an opportunity for public
                                                DEPARTMENT OF TRANSPORTATION                            and additional information on the                     comment on the request.
                                                                                                        exemption process, see the ‘‘Public                      The Agency reviews the safety
                                                Federal Motor Carrier Safety                            Participation’’ heading below. Note that              analyses and the public comments and
                                                Administration                                          all comments received will be posted                  determines whether granting the
                                                [Docket No. FMCSA–2015–0238]                            without change to http://                             exemption would likely achieve a level
                                                                                                        www.regulations.gov, including any                    of safety equivalent to or greater than
                                                Parts and Accessories Necessary for                     personal information provided. Please                 the level that would be achieved by the
                                                Safe Operation; Application for an                      see the ‘‘Privacy Act’’ heading for                   current regulation (49 CFR 381.305(a)).
                                                Exemption From TowMate, LLC                             further information.                                     The decision of the Agency must be
                                                                                                           Docket: For access to the docket to                published in the Federal Register (49
                                                AGENCY:  Federal Motor Carrier Safety                                                                         CFR 381.315(b)). If the Agency denies
                                                Administration (FMCSA), DOT.                            read background documents or
                                                                                                        comments received, go to http://                      the request, it must state the reason for
                                                ACTION: Notice of renewal of exemption;                                                                       doing so. If the decision is to grant the
                                                                                                        www.regulations.gov or to Room W12–
                                                request for comments.                                                                                         exemption, the notice must specify the
                                                                                                        140, DOT Building, 1200 New Jersey
                                                SUMMARY:   FMCSA announces its                          Avenue SE, Washington, DC, between 9                  person or class of persons receiving the
                                                decision to renew for a period of 5 years               a.m. and 5 p.m., Monday through                       exemption and the regulatory provision
                                                TowMate, LLC’s (TowMate’s) current                      Friday, except Federal holidays.                      or provisions from which an exemption
                                                exemption allowing motor carriers to                       Privacy Act: In accordance with 5                  is granted. The notice must specify the
                                                operate rechargeable wireless temporary                 U.S.C. 553(c), DOT solicits comments                  effective period of the exemption (up to
                                                stop, turn, and tail lighting systems                   from the public to better inform its                  5 years) and explain the terms and
                                                during temporary towing operations.                     rulemaking process. DOT posts these                   conditions of the exemption. The
                                                Under the Federal Motor Carrier Safety                  comments, without edit, including any                 exemption may be renewed (49 CFR
                                                Regulations (FMCSRs), all required                      personal information the commenter                    381.315(c) and 49 CFR 381.300(b)).
                                                lamps, with the exception of battery-                   provides, to www.regulations.gov, as                  TowMate’s Application for Exemption
                                                powered lamps used on projecting                        described in the system of records
                                                                                                                                                                 TowMate applied for an exemption
                                                loads, must be powered by the electrical                notice (DOT/ALL–14 FDMS), which can
                                                                                                                                                              from 49 CFR 393.23 to allow motor
                                                system of the motor vehicle. The                        be reviewed at www.dot.gov/privacy.
                                                                                                           Public participation: The http://                  carriers to operate rechargeable wireless
                                                Agency has concluded that granting this                                                                       temporary stop, turn, and tail lighting
                                                exemption renewal would not have an                     www.regulations.gov website is
                                                                                                        generally available 24 hours each day,                systems during temporary towing
                                                adverse impact on safety, and that use                                                                        operations. A copy of the application is
                                                of rechargeable wireless temporary stop,                365 days each year. You may find
                                                                                                        electronic submission and retrieval help              included in the docket referenced at the
                                                turn, and tail lighting systems during                                                                        beginning of this notice.
                                                temporary towing operations would                       and guidelines under the ‘‘help’’ section
                                                                                                                                                                 Section 393.23, ‘‘Power Supply for
                                                likely achieve a level of safety                        of the http://www.regulations.gov
                                                                                                                                                              Lamps,’’ provides that ‘‘All required
                                                equivalent to or greater than the level of              website as well as the DOT’s http://
                                                                                                                                                              lamps must be powered by the electrical
                                                safety provided by the regulation.                      docketsinfo.dot.gov website. If you
                                                                                                                                                              system of the motor vehicle with the
                                                However, the Agency requests                            would like notification that we received
                                                                                                                                                              exception of battery powered lamps
                                                comments and information on the                         your comments, please include a self-
                                                                                                                                                              used on projecting loads.’’
                                                exemption, especially from anyone who                   addressed, stamped envelope or                           The application stated:
                                                believes this standard will not be                      postcard or print the acknowledgment
                                                                                                        page that appears after submitting                      TowMate is making this request because
                                                maintained.                                                                                                   the use of conventional hard wired
                                                                                                        comments online.                                      temporary stop, turn, and tail lights has many
                                                DATES: This decision takes effect
                                                February 9, 2018. Comments must be                      FOR FURTHER INFORMATION CONTACT: Ms.                  drawbacks that wireless tow lights solve.
                                                received on or before February 20, 2018.                Amina Dines, Vehicle and Roadside                     These include broken connections, frayed
                                                                                                        Operations Division, Office of Carrier,               wires, burnt out incandescent bulbs, and the
                                                ADDRESSES: You may submit comments                                                                            potential to be snagged or pulled from the
                                                                                                        Driver, and Vehicle Safety, MC–PSV,
                                                bearing the Federal Docket Management                                                                         tow light receptacle due to improper running
                                                                                                        (202) 366–2782, Amina.Dines@dot.gov,
                                                System (FDMS) Docket ID FMCSA–                                                                                of wires, and road hazards, along with the
                                                                                                        Federal Motor Carrier Safety
                                                2015–0238 using any of the following                                                                          safety hazard of increasing the amount of
                                                                                                        Administration, 1200 New Jersey                       time spent on the roadside or the scene of an
                                                methods:
                                                   • Website: http://                                   Avenue SE, Washington, DC 20590–
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                                                                              accident by stringing wired lighting systems
                                                www.regulations.gov. Follow the                         0001.                                                 between vehicles and securing the wires.
                                                                                                                                                              With the advent of LED technology coupled
                                                instructions for submitting comments                    SUPPLEMENTARY INFORMATION:
                                                                                                                                                              with advancements in battery technologies,
                                                on the Federal electronic docket site.                                                                        wireless tow lights are more reliable and
                                                   • Fax: 1–202–493–2251.                               Background
                                                                                                                                                              better equipped for the rigors of daily
                                                   • Mail: Docket Management Facility,                     FMCSA has authority under 49 U.S.C.                temporary use.
                                                U.S. Department of Transportation,                      31315 and 31136(e) to grant exemptions                  Temporary wireless stop, turn, tail lighting
                                                Room W12–140, 1200 New Jersey                           from certain Federal Motor Carrier                    systems can operate for 10+ hours of



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                                                                            Federal Register / Vol. 83, No. 30 / Tuesday, February 13, 2018 / Notices                                                  6307

                                                continuous use on a full charge, and in-cab             maximum of 2 years. However, the                      Request for Comments
                                                wire-less monitoring systems give the driver            Fixing America’s Surface Transportation
                                                constant information on the functioning of
                                                                                                                                                                FMCSA requests comments from
                                                                                                        (FAST) Act, signed on December 4,                     parties with data concerning the safety
                                                the system, displaying state of charge of the
                                                battery inside the unit, displaying the
                                                                                                        2015, now allows an exemption to be                   record of motor carriers using
                                                functioning of the system during operation,             granted for a period of up to 5 years (49             rechargeable wireless temporary stop,
                                                and warning the driver if the unit is no                U.S.C. 31315(b)(2)) if FMCSA finds                    turn, and tail lighting systems during
                                                longer functioning. In this sense, wireless             ‘‘such exemption would likely achieve a               temporary towing operations in
                                                tow lights provide a level of safety and                level of safety that is equivalent to, or             accordance with the conditions of the
                                                redundancy that is not currently required on            greater than, the level that would be                 exemption. The Agency will evaluate
                                                wired temporary lighting systems. In an                 achieved absent such exemption’’                      adverse evidence submitted during the
                                                emergency situation with a drained battery,
                                                power can be directly connected to the
                                                                                                        (§ 31315(b)(1)). TowMate has requested                comment period and at any time during
                                                temporary wireless stop, turn, and tail                 a 5-year extension of the current                     the 5-year period of the exemption. If
                                                lighting system from a standard 4 pin or 7              exemption.                                            safety is being compromised or if
                                                pin electrical connection.                                                                                    continuation of the exemption would
                                                   Without the proposed temporary                       Basis for Renewing Exemption                          not be consistent with the goals and
                                                exemption, tow and haul away operators will                                                                   objectives of 49 U.S.C. 31136(e) and
                                                be forced to continue to use cumbersome
                                                                                                          FMCSA is not aware of any evidence
                                                                                                        showing that the operation of                         31315(b)(1), FMCSA will take
                                                wired temporary towing light systems,                                                                         immediate steps to revoke the
                                                placing an unnecessary burden on their daily            rechargeable wireless temporary stop,
                                                                                                        turn, and tail lighting systems during                exemption.
                                                operations. The current temporary lighting
                                                requirements for stop, tail, and turn lamps             temporary towing operations during the                  Issued on: February 6, 2018.
                                                require that the lamps receive their power              current exemption has resulted in any                 Cathy F. Gautreaux,
                                                from a direct wired connection to the towing            degradation of safety. The Agency                     Deputy Administrator.
                                                vehicle with no ascertainable benefit from              believes that extending the exemption                 [FR Doc. 2018–02890 Filed 2–12–18; 8:45 am]
                                                doing such. Wireless tow lights afford
                                                benefits that wired systems are unable to,              for a period of 5 years will likely                   BILLING CODE 4910–EX–P
                                                such as redundancies like monitoring the                achieve a level of safety that is
                                                status of the unit in real time, thus assuring          equivalent to, or greater than, the level
                                                their proper operation at all times.                    of safety achieved without the                        DEPARTMENT OF TRANSPORTATION
                                                   On August 6, 2015, FMCSA published                   exemption.
                                                                                                                                                              Federal Railroad Administration
                                                notice of the TowMate application and                     The renewal outlined in this notice
                                                requested public comment (80 FR                         extends the exemption from February 9,                [Docket Number FRA–2017–0118]
                                                47031). The Agency received twenty                      2018, through February 9, 2023, and
                                                                                                                                                              Petition for Waiver of Compliance
                                                comments, all in support of TowMate’s                   requests public comment. During that
                                                application. FMCSA granted the                          period, motor carriers will be allowed to                Under part 211 of Title 49 Code of
                                                exemption on February 9, 2016 (81 FR                    use rechargeable wireless temporary                   Federal Regulations (CFR), this provides
                                                6927). The Agency concluded that                        stop, turn, and tail lighting systems that            the public notice that on November 7,
                                                permitting the use of rechargeable                      do not meet the lighting power supply                 2017, Denver’s Regional Transportation
                                                wireless temporary stop, turn, and tail                 requirements of 49 CFR 393.23 during                  District (RTDC) petitioned the Federal
                                                lighting systems during temporary                       temporary towing operations, provided                 Railroad Administration (FRA) for a
                                                towing operations will reduce the time                  the requirements of 49 CFR 393.17(b)(2)               waiver of compliance from certain
                                                tow operators spend at the side of the                  are met. The exemption will be valid for              provisions of the Federal railroad safety
                                                road connecting wired lighting systems                  5 years unless rescinded earlier by                   regulations contained at 49 CFR 236.
                                                between vehicles, thereby reducing their                FMCSA. The exemption will be                          FRA assigned the petition Docket
                                                risk of injury and increasing safety. The               rescinded if: (1) Motor carriers and/or               Number FRA–2017–0118.
                                                Agency determined that use of the                       commercial motor vehicles fail to                        In accordance with 49 CFR 236.588,
                                                rechargeable wireless lighting systems                  comply with the terms and conditions                  RTDC is requesting approval to perform
                                                will maintain a level of safety that is                 of the exemption; (2) the exemption has               periodic testing of the Automatic Train
                                                equivalent to, or greater than, the level               resulted in a lower level of safety than              Control system (ATC) at an interval of
                                                of safety achieved without the                          was maintained before it was granted; or              92 days for the RTDC fleet of electric
                                                exemption. In towing operations during                  (3) continuation of the exemption would               multiple unit equipment (EMUs),
                                                the exemption period, motor carriers are                not be consistent with the goals and                  numbered RTDC 4001 through RTDC
                                                allowed to use rechargeable wireless                    objectives of 49 U.S.C. 31136(e) and                  4066. Currently RTDC is performing
                                                temporary stop, turn, and tail lighting                                                                       ATC periodic testing at an interval of 60
                                                                                                        31315.
                                                systems that do not meet the lighting                                                                         days as required by 49 CFR 236.588. In
                                                power supply requirements of 49 CFR                     Preemption                                            support of this request, RTDC states that
                                                393.23, provided the requirements of 49                                                                       the original equipment manufacturer
                                                CFR 393.17(b)(2) are met. The decision                    In accordance with 49 U.S.C.                        (OEM) Siemens Rail Automation
                                                to grant the temporary exemption was                    31315(d), as implemented by 49 CFR                    (formerly PHW, Inc.) has developed the
                                                also consistent with an amendment                       381.600, during the period this                       maintenance and testing program for
                                                made in an August 15, 2005 final rule                   exemption is in effect, no State shall                these vehicles based on a 92-day
                                                                                                        enforce any law or regulation applicable              interval. RTDC has included relevant
sradovich on DSK3GMQ082PROD with NOTICES




                                                allowing battery powered lamps on the
                                                rear of projecting loads.                               to interstate commerce that conflicts                 portions of this program with its
                                                                                                        with or is inconsistent with this                     petition. RTDC further states that to
                                                TowMate’s Request To Renew the                          exemption with respect to a firm or                   date, there have been no issues with the
                                                Exemption                                               person operating under the exemption.                 ATC system found during periodic
                                                  At the time the exemption was                         States may, but are not required to,                  testing that would be impacted by
                                                granted, the term of temporary                          adopt the same exemption with respect                 increasing the testing interval to 92
                                                exemptions was limited by statute to a                  to operations in intrastate commerce.                 days. RTDC adds that granting the


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Document Created: 2018-02-13 02:32:07
Document Modified: 2018-02-13 02:32:07
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 renewal of exemption; request for comments.
DatesThis decision takes effect February 9, 2018. Comments must be received on or before February 20, 2018.
ContactMs. Amina Dines, Vehicle and Roadside Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC- PSV, (202) 366-2782, [email protected], Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.
FR Citation83 FR 6306 

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