83_FR_6749 83 FR 6718 - Parts and Accessories Necessary for Safe Operation, Lamps and Reflective Devices; Application for an Exemption From STEMCO LP

83 FR 6718 - Parts and Accessories Necessary for Safe Operation, Lamps and Reflective Devices; Application for an Exemption From STEMCO LP

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 31 (February 14, 2018)

Page Range6718-6722
FR Document2018-03033

The Federal Motor Carrier Safety Administration (FMCSA) announces its decision to grant STEMCO LP's (STEMCO) application for a limited 5-year exemption to allow motor carriers to operate certain commercial motor vehicles (CMVs) that are equipped with STEMCO's TrailerTail[supreg] aerodynamic device with rear identification lamps and rear clearance lamps that are mounted lower than currently permitted by the Agency's regulations. The Federal Motor Carrier Safety Regulations (FMCSRs) require rear identification lamps and rear clearance lamps to be located ``as close as practicable to the top of the vehicle.'' While the TrailerTail[supreg] aerodynamic device is currently mounted slightly below the roof of the vehicle, STEMCO states that this offset prevents the device from delivering the maximum available fuel economy benefit as opposed to mounting it flush with the top of the vehicle which may block the visibility of the rear identification lamps and rear clearance lamps. The Agency has determined that locating the rear identification lamps and rear clearance lamps lower on the trailers and semitrailers, mounted at the same level as the stop lamps, tail lamps, and turn signals will maintain a level of safety that is equivalent to, or greater than, the level of safety achieved without the exemption.

Federal Register, Volume 83 Issue 31 (Wednesday, February 14, 2018) 
[Federal Register Volume 83, Number 31 (Wednesday, February 14, 2018)]
[Notices]
[Pages 6718-6722]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03033]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0167]


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

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

ACTION: Notice of final disposition; grant of application for 
exemption.

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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) 
announces its decision to grant STEMCO LP's (STEMCO) application for a 
limited 5-year exemption to allow motor carriers to operate certain 
commercial motor vehicles (CMVs) that are equipped with STEMCO's 
TrailerTail[supreg] aerodynamic device with rear identification lamps 
and rear clearance lamps that are mounted lower than currently 
permitted by the Agency's regulations. The Federal Motor Carrier Safety 
Regulations (FMCSRs) require rear identification lamps and rear 
clearance lamps to be located ``as close as practicable to the top of 
the vehicle.'' While the TrailerTail[supreg] aerodynamic device is 
currently mounted slightly below the roof of the vehicle, STEMCO states 
that this offset prevents the device from delivering the maximum 
available fuel economy benefit as opposed to mounting it flush with the 
top of the vehicle which may block the visibility of the rear 
identification lamps and rear clearance lamps. The Agency has 
determined that locating the rear identification lamps and rear 
clearance lamps lower on the trailers and semitrailers, mounted at the 
same level as the stop lamps, tail lamps, and turn signals will 
maintain a level of safety that is equivalent to, or greater than, the 
level of safety achieved without the exemption.

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

SUPPLEMENTARY INFORMATION:

Background

    Pursuant to 49 CFR part 381, FMCSA has authority to grant 
exemptions from certain Federal Motor Carrier Safety Regulations 
(FMCSRs). 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 terms and 
conditions of the exemption, as well as its effective period (up to 5 
years). The exemption may be renewed (49 CFR 381.315(c) and 49 CFR 
381.300(b)).

STEMCO Application for Exemption

    STEMCO, on behalf of motor carriers utilizing its 
TrailerTail[supreg] aerodynamic devices, applied for an exemption from 
49 CFR 393.11 to allow rear identification lamps and rear clearance 
lamps to be mounted lower than currently permitted by the Agency's 
regulations.
    Table 1 of section 393.11, ``Required lamps and reflectors on 
commercial motor vehicles,'' specifies the requirements for lamps, 
reflective devices and associated equipment by the type of CMV. All 
CMVs manufactured on or after December 25, 1968, must, at a minimum, 
meet the applicable requirements of Federal Motor Vehicle Safety 
Standard (FMVSS) No. 108, ``Lamps, reflective devices, and associated 
equipment,'' in effect at the time of manufacture of the vehicle. Rear 
identification lamps must be mounted as close as practicable to the top 
of the vehicle. One lamp must be as close as practicable to the 
vertical centerline and one on each side of the center lamp with the 
lamp centers spaced not less than 6 inches or more than 12 inches 
apart, and all on the same level. One rear clearance lamp must be 
located on each side of the vertical centerline of the vehicle to 
indicate overall width, both of which must be on the same level and as 
high as practicable.
    In February 2015, STEMCO purchased ATDynamics and its 
TrailerTail[supreg] product line, a collapsible

[[Page 6719]]

boat tail technology that improves the rear aerodynamic shape of CMV 
trailers. In its application, STEMCO states that motor carriers are 
evaluating the TrailerTail[supreg] rear aerodynamic device to help meet 
(1) proposed standards from the U.S. Environmental Protection Agency 
(EPA) and the Department of Transportation's National Highway Traffic 
Safety Administration (NHTSA) that would establish the next phase of 
greenhouse gas (GHG) emissions and fuel efficiency standards for 
medium- and heavy duty vehicles,1 2 and (2) the California 
Air Resources Board (CARB) Tractor-Trailer Greenhouse Gas Regulation 
for dry van and refrigerated van type trailers that has been in effect 
since 2010.
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    \1\ On October 25, 2016, EPA and NHTSA jointly published a final 
rule establishing rules for a comprehensive Phase 2 Heavy-Duty (HD) 
National Program that will reduce greenhouse gas (GHG) emissions and 
fuel consumption from new on-road medium- and heavy-duty vehicles 
and engines, helping to address the challenges of global climate 
change and energy security (81 FR 73478). NHTSA's fuel consumption 
standards and EPA's carbon dioxide (CO2) emission 
standards are tailored to each of four regulatory categories of 
heavy-duty vehicles: Combination tractors; trailers used in 
combination with those tractors; heavy-duty pickup trucks and vans; 
and vocational vehicles. The rule also includes separate standards 
for the engines that power combination tractors and vocational 
vehicles.
    \2\ In response to letters submitted by the Truck Trailer 
Manufacturers Association seeking reconsideration of the October 
2016 final rule, both EPA and NHTSA decided on August 17, 2017 to 
conduct additional rulemaking on the issues of GHG emissions and 
fuel efficiency standards for medium- and heavy-duty vehicles.
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    For newly manufactured trailers, STEMCO states that the 
TrailerTail[supreg] top panel is mounted 1.5-3.5 inches below the roof 
of the trailer in order to comply with the FMVSS No. 108 and FMCSR 
mounting location requirements for rear identification and clearance 
lamps. However, STEMCO states:

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

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

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

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

Comments

    On June 10, 2016, FMCSA published a notice of the STEMCO 
application and asked for public comment (81 FR 37662). The Agency 
received comments from the American Trucking Associations (ATA), the 
Transportation Safety Equipment Institute (TSEI), and Wabash National 
Corporation (Wabash).
    ATA supported STEMCO's application, stating:

    Efficiency-improving technologies include tractor aerodynamics, 
fuel-efficient tires, idle reduction equipment, speed governors, use 
of lighter weight equipment and aerodynamic trailer skirts and 
tails. ATA supports efforts to improve fuel efficiency and actions 
to improve coordination between federal agencies to advance fuel 
efficiency in the trucking industry . . .
    According to the U.S. Environmental Protection Agency's SmartWay 
program trailer tails can improve heavy truck fuel efficiency by 
five percent. STEMCO's wind tunnel testing suggests that an 
additional 0.14 percent improvement can be achieved if its trailer 
tail is mounted flush with the top of the trailer. In order to 
verify this finding, STEMCO should be allowed to test the device in 
an actual on-road environment with a fleet of heavy trucks.
    As FMCSA is aware, there are many trailer types throughout the 
motor carrier industry. Some trailers, like flatbeds and intermodal 
chassis, are required to have lighting systems on the rear frame of 
the trailer to comply with FMVSS 108 and 49 CFR 393.11. And, since 
these trailer types have no upper frame or doors at the rear of the 
trailer, it is not possible for them to have marker or 
identification lamps similar to those required on van trailers. 
Unless the FMCSA has research and data showing the marker and 
identification lights on a van trailer improve safety over and above 
the light configuration on flatbed trailers and/or intermodal 
chassis, etc., the agency should grant the exemption for evaluation 
purposes.

    TSEI and Wabash both expressed concerns that allowing the 
identification and clearance lamps to be mounted lower than currently 
required, on the same horizontal plane with the stop, turn, and tail 
lamps, may not maintain a level of safety that is equivalent to or 
greater than the level of safety without the exemption because other 
motorists might not be able to adequately distinguish large trucks and 
trailers from other passenger other vehicles. TSEI stated:

    STEMCO's application does not appear to take into account the 
important role signal lighting plays in vehicle conspicuity. The 
signal lighting on heavy duty vehicles does more than provide 
``intention'' (e.g., stop or turn) signals; it also provides 
conspicuity (e.g., conspicuity triangle created between the 
identification lamp cluster and the stop/tail/turn lamps. The Agency 
should be cautious about infringing upon the longstanding 
relationship between the signal and conspicuity aspects of heavy 
duty lighting in the absence of supporting data concerning the 
effects on trailer conspicuity.
    TSEI acknowledges that many vehicles utilize low mounting 
positions due to the construction of the vehicle. Presumably, the 
practicability language in FMCSR and FMVSS accounts for differences 
in mounting positions. As NHTSA has explained, ``[s]ince the various 
types of trailers differ from one another in their configuration, 
NHTSA believes that the method of compliance that may be appropriate 
for one type may not be for another. For example, van-type trailers 
have distinct rectangular side and rear perimeters to which 
conspicuity enhancing materials could be easily applied, while tank-
type, platform trailers, or others do not.'' 56 FR 63475 (Dec. 4, 
1991) (Notice of proposed rulemaking regarding increasing 
conspicuity of trailers which have an overall width of 80 inches or 
more to enhance the likelihood of

[[Page 6720]]

their detection at night and conditions of reduced visibility).
    But acknowledging these differences does not demonstrate that 
lowering the mounting position to accommodate an aerodynamic device 
would not adversely affect safety. Because STEMCO has not provided 
any data on the safety impact of lowering the height of rear 
identification lamps and rear clearance lamps, STEMCO has not 
provided a basis for evaluating their statement that the lower 
placement will not adversely affect safety, particularly with 
respect to the trailers' conspicuity.

    Similarly, Wabash stated:

    The ability of motorists to distinguish large trucks and 
trailers from passenger vehicles is an essential component of crash 
avoidance because of size, maneuvering, and the speed differences 
between the two types of vehicles. High mounted identification lamps 
uniquely identify large trucks and wide trailers and do so with the 
longest possible sight preview of the lamps. Clearance lamps show 
the overall width of the vehicle to alert drivers of its large size. 
NHTSA has already concluded that, if rear identification lamps were 
lowered, the purpose of uniquely identifying large vehicles with the 
longest possible sight preview of the lamps would be compromised. As 
the mounting height of identification lamps is lowered, the time 
that nearby drivers have to identify the vehicle as a large truck, 
including drivers not located immediately behind the truck, is 
reduced and is contrary to the safety objective of the mounting 
height requirement.
    NHTSA's conclusions regarding the safety implications of 
unnecessarily lowering the mounting height for rear identification 
lamps and rear clearance lamps are supported by a recent FMCSA 
sponsored study which observed that, with respect to large vehicles, 
``[p]assive crash avoidance can be accomplished by the conspicuity 
of the vehicle, that is, the extent to which the vehicle is readily 
perceived by other road users. In terms of the physical and 
mechanical systems of the vehicle, conspicuity is primarily 
accomplished through the light system on the vehicle. The light 
system includes tail and top lamps, marker and identification lamps, 
as well as the reflective tape systems on trailers.

    TSEI noted that if the exemption is granted, vehicle and trailer 
manufacturers would still be required to comply with the requirements 
of FMVSS No. 108 (install the identification and clearance lamps as 
high as practicable), and repair businesses would not be permitted to 
move the lamps to a lower position because Title 49, U.S. Code 30122(b) 
of the Motor Vehicle Safety Act ``prohibits a manufacturer, 
distributor, dealer, or motor vehicle repair business from knowingly 
making inoperative any part of a device or element of design installed 
on or in a motor vehicle in compliance with an applicable motor vehicle 
safety standard.'' Because of the above, TSEI expressed concerns that 
some fleets and small-scale operators my not have the technical 
expertise to change the positioning of the identification and clearance 
lamps to a lower position.
    TSEI also noted that S6.2.2 of FMVSS No. 108 states ``If any 
required lamp or reflective device is obstructed by motor vehicle 
equipment (e.g., mirrors, snow plows, wrecker booms, backhoes, winches, 
etc.) including dealer installed equipment, and cannot meet the 
applicable photometry and visibility requirements, the vehicle must be 
equipped with an additional lamp or device of the same type which meet 
all applicable requirements of this standard, including photometry and 
visibility.'' TSEI stated ``STEMCO could equip vehicles with additional 
lamps or devices that meet FMVSS 108 to accommodate for the lamps that 
would be obstructed by the aerodynamic device. Such an approach would 
not require an exemption.''
    Wabash stated that it is possible--and practicable--to attach an 
aerodynamic tail device to the rear top sill of a trailer without 
blocking rear identification lamps and rear clearance lamps while still 
meeting the new GHG regulations. Wabash stated:

    Wabash's innovative aerodynamic tail devices--which are known as 
the AeroFin\TM\ and AeroFin\TM\ XL--can be attached to the rear top 
sill of the trailer without blocking the rear identification lamps 
and rear clearance lamps. Further, STEMCO's argument that the 
exemption is needed to meet the current requirements of the 
California Air Resource Board (CARB) Tractor-trailer Greenhouse Gas 
regulations and proposed Greenhouse Gas Phase 2 regulations is 
unpersuasive. By using the AeroFin\TM\ in combination with certain 
of its trailer aerodynamic technologies, Wabash has achieved 
improvement of 9% or greater in fuel economy. In addition, the 
AeroFin\TM\ XL is CARB compliant. Again, technological advancements 
have made it possible for manufacturers to meet the safety 
objectives of FMVSS 108 without compromising other performance 
related considerations.

FMCSA Analysis

    FMCSA agrees that it is important for motorists to be able to 
readily distinguish large trucks and trailers from other passenger 
vehicles. FMVSS No. 108 and section 393.11 of the FMCSRs ensure this by 
requiring large vehicles to be equipped with a combination of lights, 
reflectors, and conspicuity treatments that help indicate the overall 
height, width, and length of these vehicles. Specifically, all CMVs 
manufactured on or after December 25, 1968, must, at a minimum, meet 
the applicable requirements of FMVSS No. 108 in effect at the time of 
manufacture of the vehicle. The purpose of FMVSS No. 108 is to reduce 
crashes and deaths and injuries from crashes, by providing adequate 
illumination of the roadway, and by enhancing the conspicuity of motor 
vehicles on the public roads so that their presence is perceived and 
their signals understood, both in daylight and in darkness or other 
conditions of reduced visibility. FMVSS No. 108 specifies requirements 
for original and replacement lamps, reflective devices, and associated 
equipment. The standard applies to passenger cars, multipurpose 
passenger vehicles, trucks, buses, trailers, and motorcycles.
    Specifically with respect to clearance lamps and identification 
lamps, all (1) trucks and buses 80 inches or more in width, (2) 
semitrailers and full trailers 80 inches or more in width (except 
converter dollies), and (3) pole trailers must be equipped with:
     Two red clearance lamps, one on each side of the vertical 
centerline of the vehicle, mounted as high as practicable to indicate 
the overall width of the vehicle; and
     A group of three red identification lights on the rear of 
the vehicle, mounted as close as practicable to the top of the vehicle. 
One lamp is required to be mounted as close as practicable to the 
vertical centerline of the vehicle, and one on each side with lamp 
centers spaced not less than 6 inches or more than 12 inches apart.
    The grouping of three identification lamps on the top rear of large 
vehicles is intended to uniquely identify large vehicles with the 
longest sight preview possible. On February 5, 2003, NHTSA denied a 
petition for rulemaking from Sierra Products, Inc. (Sierra), which--
among other things--requested that NHTSA amend FMVSS No. 108 to require 
the identification lights to be mounted at eye height on heavy trucks 
(68 FR 5863). In denying Sierra's petition, NHTSA stated ``As the 
mounting height of identification lamps is lowered, the time that 
nearby drivers will have to identify the vehicle, as a heavy truck will 
lessen. This is contrary to the intent of the requirement. On the other 
hand, the mounting height of identification lamps has been long 
established to be `as high as practicable.' This is to make nearby 
drivers aware of the vehicle's size. If these lamps were lowered to eye 
level, approaching drivers may not be able to distinguish large 
commercial vehicles from passenger vehicles.'' [Emphasis added.]
    Notwithstanding the above, FMCSA notes that the three 
identification lamps are not the only means by which drivers

[[Page 6721]]

are ``able to distinguish large commercial vehicles from passenger 
vehicles,'' as stated in NHTSA's denial of the petition from Sierra. 
While FMCSA agrees that mounting identification lamps ``as high as 
practicable'' provides approaching motorists maximum time to identify a 
CMV, and that lowering the mounting location of the identification 
lamps reduces that time, FMVSS No. 108 (and, by incorporation, section 
393.11 of the FMCSRs) also requires the rear of all trailers and 
semitrailers to be equipped with conspicuity materials (a strip of 
alternating red and white retroreflective sheeting or reflex 
reflectors) installed across both:
    (1) The full width of the trailer, as close to the extreme edges as 
practicable, and as close to practicable to not less than 375 mm (14.77 
in) and not more than 1525 mm (60.05 in) above the road surface at the 
centerline with the trailer at curb weight, and
    (2) The full width of the horizontal member of the rear underride 
protection device required by FMVSS No. 224, ``Rear impact 
protection.'' The horizontal member is required to extend to within 100 
mm (4 in) of the side extremity of the vehicle, and be located not more 
than 560 mm (20.05 in) above the ground at any point.
    The presence of these two separate conspicuity treatments on the 
rear of all trailers and semitrailers, consisting of alternating red 
and white retroreflective material or reflex reflectors, serves as a 
clear indication to the motoring public that the vehicle is a large 
commercial vehicle as opposed to a passenger car. While these 
conspicuity treatments are not located at or near the very top of the 
trailer or semitrailer, FMCSA believes that they provide a very 
distinctive visual pattern on the rear of trailers and semitrailers 
that easily enables motorists to be aware that they are approaching a 
large vehicle.\3\
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    \3\ FMCSA also notes that, per STEMCO's product literature, each 
side component of its aerodynamic device has red and white 
conspicuity tape applied to the outward face of the device, further 
enhancing the visibility of the vehicle.
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    It is important to note that STEMCO is proposing that the required 
clearance and identification lights be relocated lower on vehicles 
using the aerodynamic devices, and is not simply requesting an 
exception to the regulation because the required lights are obscured by 
the device. FMCSA believes that relocating the lamps to a lower 
position is an acceptable approach and ensures an equivalent level of 
safety for two separate reasons. First, and as STEMCO notes in its 
application, FMVSS No. 108 and section 393.11 of the FMCSRs permit the 
clearance and identification lamps to be mounted lower on flatbed 
trailers and intermodal chassis simply because there is no other 
position to mount the lamps due to the vehicle designs. FMCSA does not 
believe that locating the clearance and identification lamps in the 
same manner on trailers and semitrailers using STEMCO's aerodynamic 
devices will pose an unreasonable risk, especially given the 
conspicuity requirements discussed above. Second, and as noted by TSEI 
in its comments, S6.2.2 of FMVSS No. 108 directly addresses vehicle 
designs whereby required lamps or reflective devices are obscured by 
motor vehicle equipment such as ``mirrors, snow plows, wrecker booms, 
backhoes, winches,'' which would also include STEMCO's aerodynamic 
devices. In these instances, S6.2.2 of FMVSS No. 108 requires the 
vehicle to ``be equipped with an additional lamp or device of the same 
type which meet all applicable requirements of this standard, including 
photometry and visibility.'' This is exactly what STEMCO is proposing 
to do--to install the same clearance and identification lamps, but in a 
lower position on the vehicle.
    Regarding TSEI's concern that some fleets and small-scale operators 
may not have the technical expertise to change the positioning of the 
identification and clearance lamps to a lower position, FMCSA notes 
that it is the responsibility of each motor carrier to ensure that its 
vehicles fully comply with the FMCSRs at all times (see 49 CFR 
393.1(c)), which includes the terms and conditions of this temporary 
exemption. As such, if a motor carrier chooses to use STEMCO's device, 
it must ensure that the required lights are properly moved and are 
fully operational at all times.
    FMCSA acknowledges Wabash's comment that it has developed a 
solution whereby its aerodynamic device can be fitted to a trailer 
without obscuring the required clearance and identification lights 
located at the top of the trailer. While Wabash has designed a solution 
that does not require relief from the current standards, STEMCO has 
applied for a temporary exemption in order to test an alternative 
design based on its contention that use of that design will provide an 
equivalent or greater level of safety than without the exemption. 
Because of reasons discussed above, FMCSA believes that an equivalent 
level of safety will be maintained.
    While FMVSS No. 108 and section 393.11 of the FMCSRs require the 
two conspicuity treatments to be installed on the rear of trailers and 
semitrailers, FMCSA notes that neither of the conspicuity treatments is 
required to be installed on single unit trucks (box trucks). For this 
reason, FMCSA believes that it is appropriate to limit the use of 
STEMCO's aerodynamic device, when mounted at the top of the vehicle and 
obscuring the clearance and identification lights, to trailers and 
semitrailers only at this time.

FMCSA Decision

    FMCSA has evaluated the STEMCO exemption application. For the 
reasons discussed above, the Agency believes that granting the 
temporary exemption to allow rear identification lamps and rear 
clearance lamps to be located lower on trailers and semitrailers, 
mounted at the same level as the stop lamps, tail lamps, and turn 
signals, 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 February 14, 2018 and ending February 14, 2023. During the 
temporary exemption period, motor carriers will be allowed to mount 
STEMCO's TrailerTail[supreg] aerodynamic device at the top of trailers 
and semitrailers, provided that the rear clearance and identification 
lights are mounted at the same level as the stop lamps, tail lamps, and 
turn signals. The exemption will be valid for 5 years unless rescinded 
earlier by FMCSA. The exemption will be rescinded if: (1) Motor 
carriers and/or CMVs 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 CFR part 381.
    Interested parties possessing information that would demonstrate 
that motor carriers using trailers or semitrailers with STEMCO's 
TrailerTail[supreg] aerodynamic device 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 CFR 
part 381, will take immediate steps to revoke the exemption.

Preemption

    In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR 
381.600, during the period this

[[Page 6722]]

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: February 8, 2018.
Cathy F. Gautreaux,
Deputy Administrator.
[FR Doc. 2018-03033 Filed 2-13-18; 8:45 am]
BILLING CODE 4910-EX-P

6718 Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices this notice. We will consider all DEPARTMENT OF TRANSPORTATION 381.315(a)). The Agency must provide comments received before the close of the public with an opportunity to business on the closing date indicated Federal Motor Carrier Safety inspect the information relevant to the in the dates section of the notice. Administration application, including any safety [Docket No. FMCSA–2016–0167] analyses that have been conducted. The IV. Submitting Comments Agency must also provide an Parts and Accessories Necessary for opportunity for public comment on the You may submit your comments and Safe Operation, Lamps and Reflective request. material online or by fax, mail, or hand The Agency reviews the safety delivery, but please use only one of Devices; Application for an Exemption From STEMCO LP analyses and the public comments and these means. FMCSA recommends that determines whether granting the you include your name and a mailing AGENCY: Federal Motor Carrier Safety exemption would likely achieve a level address, an email address, or a phone Administration (FMCSA), DOT. of safety equivalent to or greater than number in the body of your document ACTION: Notice of final disposition; grant the level that would be achieved by the so that FMCSA can contact you if there of application for exemption. current regulation (49 CFR 381.305(a)). are questions regarding your The decision of the Agency must be SUMMARY: The Federal Motor Carrier published in the Federal Register (49 submission. Safety Administration (FMCSA) CFR 381.315(b)). If the Agency denies To submit your comment online, go to announces its decision to grant the request, it must state the reason for http://www.regulations.gov and in the STEMCO LP’s (STEMCO) application doing so. If the decision is to grant the search box insert the docket number for a limited 5-year exemption to allow exemption, the notice must specify the FMCSA–2017–0254 and click the search motor carriers to operate certain person or class of persons receiving the button. When the new screen appears, commercial motor vehicles (CMVs) that exemption and the regulatory provision click on the blue ‘‘Comment Now!’’ are equipped with STEMCO’s or provisions from which an exemption button on the right hand side of the TrailerTail® aerodynamic device with is granted. The notice must specify the page. On the new page, enter rear identification lamps and rear terms and conditions of the exemption, information required including the clearance lamps that are mounted lower as well as its effective period (up to 5 specific section of this document to than currently permitted by the years). The exemption may be renewed which each comment applies, and Agency’s regulations. The Federal Motor (49 CFR 381.315(c) and 49 CFR provide a reason for each suggestion or Carrier Safety Regulations (FMCSRs) 381.300(b)). recommendation. If you submit your require rear identification lamps and rear clearance lamps to be located ‘‘as STEMCO Application for Exemption comments by mail or hand delivery, close as practicable to the top of the STEMCO, on behalf of motor carriers submit them in an unbound format, no vehicle.’’ While the TrailerTail® utilizing its TrailerTail® aerodynamic larger than 81⁄2 by 11 inches, suitable for aerodynamic device is currently copying and electronic filing. If you devices, applied for an exemption from mounted slightly below the roof of the 49 CFR 393.11 to allow rear submit comments by mail and would vehicle, STEMCO states that this offset identification lamps and rear clearance like to know that they reached the prevents the device from delivering the lamps to be mounted lower than facility, please enclose a stamped, self- maximum available fuel economy currently permitted by the Agency’s addressed postcard or envelope. benefit as opposed to mounting it flush regulations. We will consider all comments and with the top of the vehicle which may Table 1 of section 393.11, ‘‘Required materials received during the comment block the visibility of the rear lamps and reflectors on commercial period. FMCSA may issue a final identification lamps and rear clearance motor vehicles,’’ specifies the determination at any time after the close lamps. The Agency has determined that requirements for lamps, reflective of the comment period. locating the rear identification lamps devices and associated equipment by and rear clearance lamps lower on the the type of CMV. All CMVs V. Viewing Comments and Documents trailers and semitrailers, mounted at the manufactured on or after December 25, same level as the stop lamps, tail lamps, 1968, must, at a minimum, meet the To view comments, as well as any and turn signals will maintain a level of applicable requirements of Federal documents mentioned in this preamble, safety that is equivalent to, or greater Motor Vehicle Safety Standard (FMVSS) go to http://www.regulations.gov and in than, the level of safety achieved No. 108, ‘‘Lamps, reflective devices, and the search box insert the docket number without the exemption. associated equipment,’’ in effect at the FMCSA–2017–0254 and click ‘‘Search.’’ FOR FURTHER INFORMATION CONTACT: Mr. time of manufacture of the vehicle. Rear Next, click ‘‘Open Docket Folder’’ and Jose Cestero, Vehicle and Roadside identification lamps must be mounted you will find all documents and Operations Division, Office of Bus and as close as practicable to the top of the comments related to this notice. Truck Standards and Operations, MC– vehicle. One lamp must be as close as Issued on: February 7, 2018. PSV, (202) 366–5541; Federal Motor practicable to the vertical centerline and Larry W. Minor, Carrier Safety Administration, 1200 one on each side of the center lamp with Associate Administrator for Policy. New Jersey Avenue SE, Washington, DC the lamp centers spaced not less than 6 20590–0001. inches or more than 12 inches apart, [FR Doc. 2018–03065 Filed 2–13–18; 8:45 am] SUPPLEMENTARY INFORMATION: and all on the same level. One rear BILLING CODE 4910–EX–P clearance lamp must be located on each daltland on DSKBBV9HB2PROD with NOTICES Background side of the vertical centerline of the Pursuant to 49 CFR part 381, FMCSA vehicle to indicate overall width, both has authority to grant exemptions from of which must be on the same level and certain Federal Motor Carrier Safety as high as practicable. Regulations (FMCSRs). FMCSA must In February 2015, STEMCO publish a notice of each exemption purchased ATDynamics and its request in the Federal Register (49 CFR TrailerTail® product line, a collapsible VerDate Sep<11>2014 22:07 Feb 13, 2018 Jkt 244001 PO 00000 Frm 00212 Fmt 4703 Sfmt 4703 E:\FR\FM\14FEN1.SGM 14FEN1

Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices 6719 boat tail technology that improves the rear upper header is a critical mounting According to the U.S. Environmental rear aerodynamic shape of CMV trailers. location of boat tail components. Protection Agency’s SmartWay program In its application, STEMCO states that trailer tails can improve heavy truck fuel In support of its application, STEMCO efficiency by five percent. STEMCO’s wind motor carriers are evaluating the states that ‘‘The relocation of the rear tunnel testing suggests that an additional TrailerTail® rear aerodynamic device to identification lamps and rear clearance 0.14 percent improvement can be achieved if help meet (1) proposed standards from lamps to a lower location on the trailer its trailer tail is mounted flush with the top the U.S. Environmental Protection or box truck are equivalent to the of the trailer. In order to verify this finding, Agency (EPA) and the Department of current required lamp location on a STEMCO should be allowed to test the Transportation’s National Highway flatbed trailer or intermodal chassis, so device in an actual on-road environment Traffic Safety Administration (NHTSA) no safety impact is anticipated.’’ In with a fleet of heavy trucks. that would establish the next phase of As FMCSA is aware, there are many trailer addition, according to the application: types throughout the motor carrier industry. greenhouse gas (GHG) emissions and STEMCO believes that there will be no Some trailers, like flatbeds and intermodal fuel efficiency standards for medium- safety impact from the relocation of both the chassis, are required to have lighting systems and heavy duty vehicles,1 2 and (2) the rear identification lamps and the rear on the rear frame of the trailer to comply California Air Resources Board (CARB) clearance lamps to a location on an with FMVSS 108 and 49 CFR 393.11. And, Tractor-Trailer Greenhouse Gas approximate horizontal plane with other rear since these trailer types have no upper frame Regulation for dry van and refrigerated lamps. NHTSA issued legal interpretations or doors at the rear of the trailer, it is not van type trailers that has been in effect from 1968 until approximately 1999 to trailer possible for them to have marker or since 2010. manufacturers to allow the lower mounting identification lamps similar to those required For newly manufactured trailers, location for rear identification lamps and rear on van trailers. Unless the FMCSA has clearance lamps when there was no research and data showing the marker and STEMCO states that the TrailerTail® top identification lights on a van trailer improve ‘‘practicable’’ means of installing the lamps panel is mounted 1.5–3.5 inches below safety over and above the light configuration ‘‘as close as practicable to the top of the the roof of the trailer in order to comply vehicle.’’ NHTSA subsequently issued an on flatbed trailers and/or intermodal chassis, with the FMVSS No. 108 and FMCSR interpretative rule on April 5, 1999, 64 FR etc., the agency should grant the exemption mounting location requirements for rear 16358, suggesting that trailer manufacturers for evaluation purposes. identification and clearance lamps. could no longer mount lamps at the lower TSEI and Wabash both expressed However, STEMCO states: location as narrow lamps were now readily concerns that allowing the identification available, and NHTSA would no longer defer This inset creates an unaerodynamic gap as to a manufacturer’s subjective determination and clearance lamps to be mounted airflow transitions from the trailer roof onto lower than currently required, on the the TrailerTail panels and has prevented of practicability for locating lamps in the rear upper header location on van trailers and box same horizontal plane with the stop, TrailerTails from delivering the maximum trucks. However, NHTSA noted in that same turn, and tail lamps, may not maintain available fuel economy benefit. Wind tunnel flow visualization highlights the contrast in Notice that they did not intend to bring a level of safety that is equivalent to or airflow between flush and inset panels and enforcement actions based on this greater than the level of safety without our own internal testing estimates an interpretive rule immediately. Subsequently, the exemption because other motorists additional 0.14 delta CDA (measured drag trailer manufacturers continued to might not be able to adequately area) gain and 70 million gallons of annual manufacture van trailers and box trucks with distinguish large trucks and trailers diesel fuel savings can be achieved simply by the rear identification lamps and rear clearance lamps mounted lower on the from other passenger other vehicles. installing TrailerTails flush with the trailer TSEI stated: roof. In order to evaluate the actual vehicles on an approximate horizontal plane performance of flush mounted TrailerTail with the other required lamps. STEMCO’s application does not appear to aerodynamic systems on actual fleet based take into account the important role signal STEMCO states that without the fuel economy, it is necessary to request relief lighting plays in vehicle conspicuity. The exemption, it will be unable to verify signal lighting on heavy duty vehicles does from the location requirements for upper fleet performance of a higher more than provide ‘‘intention’’ (e.g., stop or identification lamps and rear clearance lamps on commercial van trailers and box trucks. performance TrailerTail® design that is turn) signals; it also provides conspicuity Additionally, these lower clearance and expected to provide the maximum (e.g., conspicuity triangle created between identification lamp locations will pave the available fuel economy benefit that may the identification lamp cluster and the stop/ way for the commercial launch of collapsible be necessary in order to meet future fuel tail/turn lamps. The Agency should be boat tails for roll door box trailers, where the efficiency requirements. cautious about infringing upon the longstanding relationship between the signal 1 On October 25, 2016, EPA and NHTSA jointly Comments and conspicuity aspects of heavy duty published a final rule establishing rules for a lighting in the absence of supporting data On June 10, 2016, FMCSA published concerning the effects on trailer conspicuity. comprehensive Phase 2 Heavy-Duty (HD) National Program that will reduce greenhouse gas (GHG) a notice of the STEMCO application and TSEI acknowledges that many vehicles emissions and fuel consumption from new on-road asked for public comment (81 FR utilize low mounting positions due to the medium- and heavy-duty vehicles and engines, 37662). The Agency received comments construction of the vehicle. Presumably, the helping to address the challenges of global climate from the American Trucking practicability language in FMCSR and change and energy security (81 FR 73478). FMVSS accounts for differences in mounting NHTSA’s fuel consumption standards and EPA’s Associations (ATA), the Transportation carbon dioxide (CO2) emission standards are Safety Equipment Institute (TSEI), and positions. As NHTSA has explained, ‘‘[s]ince tailored to each of four regulatory categories of Wabash National Corporation (Wabash). the various types of trailers differ from one heavy-duty vehicles: Combination tractors; trailers another in their configuration, NHTSA ATA supported STEMCO’s used in combination with those tractors; heavy-duty believes that the method of compliance that pickup trucks and vans; and vocational vehicles. application, stating: may be appropriate for one type may not be The rule also includes separate standards for the Efficiency-improving technologies include for another. For example, van-type trailers daltland on DSKBBV9HB2PROD with NOTICES engines that power combination tractors and tractor aerodynamics, fuel-efficient tires, idle have distinct rectangular side and rear vocational vehicles. reduction equipment, speed governors, use of perimeters to which conspicuity enhancing 2 In response to letters submitted by the Truck lighter weight equipment and aerodynamic materials could be easily applied, while tank- Trailer Manufacturers Association seeking reconsideration of the October 2016 final rule, both trailer skirts and tails. ATA supports efforts type, platform trailers, or others do not.’’ 56 EPA and NHTSA decided on August 17, 2017 to to improve fuel efficiency and actions to FR 63475 (Dec. 4, 1991) (Notice of proposed conduct additional rulemaking on the issues of improve coordination between federal rulemaking regarding increasing conspicuity GHG emissions and fuel efficiency standards for agencies to advance fuel efficiency in the of trailers which have an overall width of 80 medium- and heavy-duty vehicles. trucking industry . . . inches or more to enhance the likelihood of VerDate Sep<11>2014 22:07 Feb 13, 2018 Jkt 244001 PO 00000 Frm 00213 Fmt 4703 Sfmt 4703 E:\FR\FM\14FEN1.SGM 14FEN1

6720 Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices their detection at night and conditions of some fleets and small-scale operators effect at the time of manufacture of the reduced visibility). my not have the technical expertise to vehicle. The purpose of FMVSS No. 108 But acknowledging these differences does change the positioning of the is to reduce crashes and deaths and not demonstrate that lowering the mounting identification and clearance lamps to a injuries from crashes, by providing position to accommodate an aerodynamic device would not adversely affect safety. lower position. adequate illumination of the roadway, Because STEMCO has not provided any data TSEI also noted that S6.2.2 of FMVSS and by enhancing the conspicuity of on the safety impact of lowering the height No. 108 states ‘‘If any required lamp or motor vehicles on the public roads so of rear identification lamps and rear reflective device is obstructed by motor that their presence is perceived and clearance lamps, STEMCO has not provided vehicle equipment (e.g., mirrors, snow their signals understood, both in a basis for evaluating their statement that the plows, wrecker booms, backhoes, daylight and in darkness or other lower placement will not adversely affect winches, etc.) including dealer installed conditions of reduced visibility. FMVSS safety, particularly with respect to the No. 108 specifies requirements for trailers’ conspicuity. equipment, and cannot meet the applicable photometry and visibility original and replacement lamps, Similarly, Wabash stated: requirements, the vehicle must be reflective devices, and associated The ability of motorists to distinguish large equipped with an additional lamp or equipment. The standard applies to trucks and trailers from passenger vehicles is device of the same type which meet all passenger cars, multipurpose passenger an essential component of crash avoidance applicable requirements of this vehicles, trucks, buses, trailers, and because of size, maneuvering, and the speed standard, including photometry and motorcycles. differences between the two types of visibility.’’ TSEI stated ‘‘STEMCO could Specifically with respect to clearance vehicles. High mounted identification lamps lamps and identification lamps, all (1) uniquely identify large trucks and wide equip vehicles with additional lamps or devices that meet FMVSS 108 to trucks and buses 80 inches or more in trailers and do so with the longest possible accommodate for the lamps that would width, (2) semitrailers and full trailers sight preview of the lamps. Clearance lamps show the overall width of the vehicle to alert be obstructed by the aerodynamic 80 inches or more in width (except drivers of its large size. NHTSA has already device. Such an approach would not converter dollies), and (3) pole trailers concluded that, if rear identification lamps require an exemption.’’ must be equipped with: were lowered, the purpose of uniquely Wabash stated that it is possible—and • Two red clearance lamps, one on identifying large vehicles with the longest practicable—to attach an aerodynamic each side of the vertical centerline of the possible sight preview of the lamps would be vehicle, mounted as high as practicable compromised. As the mounting height of tail device to the rear top sill of a trailer without blocking rear identification to indicate the overall width of the identification lamps is lowered, the time that vehicle; and lamps and rear clearance lamps while nearby drivers have to identify the vehicle as • A group of three red identification a large truck, including drivers not located still meeting the new GHG regulations. lights on the rear of the vehicle, immediately behind the truck, is reduced and Wabash stated: is contrary to the safety objective of the mounted as close as practicable to the Wabash’s innovative aerodynamic tail top of the vehicle. One lamp is required mounting height requirement. devices—which are known as the AeroFinTM to be mounted as close as practicable to NHTSA’s conclusions regarding the safety and AeroFinTM XL—can be attached to the the vertical centerline of the vehicle, implications of unnecessarily lowering the rear top sill of the trailer without blocking mounting height for rear identification lamps and one on each side with lamp centers the rear identification lamps and rear and rear clearance lamps are supported by a spaced not less than 6 inches or more recent FMCSA sponsored study which clearance lamps. Further, STEMCO’s argument that the exemption is needed to than 12 inches apart. observed that, with respect to large vehicles, The grouping of three identification ‘‘[p]assive crash avoidance can be meet the current requirements of the California Air Resource Board (CARB) lamps on the top rear of large vehicles accomplished by the conspicuity of the vehicle, that is, the extent to which the Tractor-trailer Greenhouse Gas regulations is intended to uniquely identify large vehicle is readily perceived by other road and proposed Greenhouse Gas Phase 2 vehicles with the longest sight preview users. In terms of the physical and regulations is unpersuasive. By using the possible. On February 5, 2003, NHTSA mechanical systems of the vehicle, AeroFinTM in combination with certain of its denied a petition for rulemaking from conspicuity is primarily accomplished trailer aerodynamic technologies, Wabash Sierra Products, Inc. (Sierra), which— through the light system on the vehicle. The has achieved improvement of 9% or greater among other things—requested that light system includes tail and top lamps, in fuel economy. In addition, the AeroFinTM XL is CARB compliant. Again, technological NHTSA amend FMVSS No. 108 to marker and identification lamps, as well as require the identification lights to be the reflective tape systems on trailers. advancements have made it possible for manufacturers to meet the safety objectives of mounted at eye height on heavy trucks TSEI noted that if the exemption is FMVSS 108 without compromising other (68 FR 5863). In denying Sierra’s granted, vehicle and trailer performance related considerations. petition, NHTSA stated ‘‘As the manufacturers would still be required to mounting height of identification lamps comply with the requirements of FMCSA Analysis is lowered, the time that nearby drivers FMVSS No. 108 (install the FMCSA agrees that it is important for will have to identify the vehicle, as a identification and clearance lamps as motorists to be able to readily heavy truck will lessen. This is contrary high as practicable), and repair distinguish large trucks and trailers to the intent of the requirement. On the businesses would not be permitted to from other passenger vehicles. FMVSS other hand, the mounting height of move the lamps to a lower position No. 108 and section 393.11 of the identification lamps has been long because Title 49, U.S. Code 30122(b) of FMCSRs ensure this by requiring large established to be ‘as high as practicable.’ the Motor Vehicle Safety Act ‘‘prohibits vehicles to be equipped with a This is to make nearby drivers aware of a manufacturer, distributor, dealer, or combination of lights, reflectors, and the vehicle’s size. If these lamps were daltland on DSKBBV9HB2PROD with NOTICES motor vehicle repair business from conspicuity treatments that help lowered to eye level, approaching knowingly making inoperative any part indicate the overall height, width, and drivers may not be able to distinguish of a device or element of design length of these vehicles. Specifically, all large commercial vehicles from installed on or in a motor vehicle in CMVs manufactured on or after passenger vehicles.’’ [Emphasis added.] compliance with an applicable motor December 25, 1968, must, at a Notwithstanding the above, FMCSA vehicle safety standard.’’ Because of the minimum, meet the applicable notes that the three identification lamps above, TSEI expressed concerns that requirements of FMVSS No. 108 in are not the only means by which drivers VerDate Sep<11>2014 22:07 Feb 13, 2018 Jkt 244001 PO 00000 Frm 00214 Fmt 4703 Sfmt 4703 E:\FR\FM\14FEN1.SGM 14FEN1

Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices 6721 are ‘‘able to distinguish large 393.11 of the FMCSRs permit the on the rear of trailers and semitrailers, commercial vehicles from passenger clearance and identification lamps to be FMCSA notes that neither of the vehicles,’’ as stated in NHTSA’s denial mounted lower on flatbed trailers and conspicuity treatments is required to be of the petition from Sierra. While intermodal chassis simply because there installed on single unit trucks (box FMCSA agrees that mounting is no other position to mount the lamps trucks). For this reason, FMCSA identification lamps ‘‘as high as due to the vehicle designs. FMCSA does believes that it is appropriate to limit practicable’’ provides approaching not believe that locating the clearance the use of STEMCO’s aerodynamic motorists maximum time to identify a and identification lamps in the same device, when mounted at the top of the CMV, and that lowering the mounting manner on trailers and semitrailers vehicle and obscuring the clearance and location of the identification lamps using STEMCO’s aerodynamic devices identification lights, to trailers and reduces that time, FMVSS No. 108 (and, will pose an unreasonable risk, semitrailers only at this time. by incorporation, section 393.11 of the especially given the conspicuity FMCSA Decision FMCSRs) also requires the rear of all requirements discussed above. Second, trailers and semitrailers to be equipped and as noted by TSEI in its comments, FMCSA has evaluated the STEMCO with conspicuity materials (a strip of S6.2.2 of FMVSS No. 108 directly exemption application. For the reasons alternating red and white retroreflective addresses vehicle designs whereby discussed above, the Agency believes sheeting or reflex reflectors) installed required lamps or reflective devices are that granting the temporary exemption across both: obscured by motor vehicle equipment to allow rear identification lamps and (1) The full width of the trailer, as such as ‘‘mirrors, snow plows, wrecker rear clearance lamps to be located lower close to the extreme edges as booms, backhoes, winches,’’ which on trailers and semitrailers, mounted at practicable, and as close to practicable would also include STEMCO’s the same level as the stop lamps, tail to not less than 375 mm (14.77 in) and aerodynamic devices. In these instances, lamps, and turn signals, will maintain a not more than 1525 mm (60.05 in) above S6.2.2 of FMVSS No. 108 requires the level of safety that is equivalent to, or the road surface at the centerline with vehicle to ‘‘be equipped with an greater than, the level of safety achieved the trailer at curb weight, and additional lamp or device of the same without the exemption. (2) The full width of the horizontal type which meet all applicable member of the rear underride protection Terms and Conditions for the requirements of this standard, including Exemption device required by FMVSS No. 224, photometry and visibility.’’ This is ‘‘Rear impact protection.’’ The exactly what STEMCO is proposing to The Agency hereby grants the horizontal member is required to extend do—to install the same clearance and exemption for a 5-year period, to within 100 mm (4 in) of the side identification lamps, but in a lower beginning February 14, 2018 and ending extremity of the vehicle, and be located position on the vehicle. February 14, 2023. During the not more than 560 mm (20.05 in) above Regarding TSEI’s concern that some temporary exemption period, motor the ground at any point. fleets and small-scale operators may not carriers will be allowed to mount The presence of these two separate have the technical expertise to change STEMCO’s TrailerTail® aerodynamic conspicuity treatments on the rear of all the positioning of the identification and device at the top of trailers and trailers and semitrailers, consisting of clearance lamps to a lower position, semitrailers, provided that the rear alternating red and white retroreflective FMCSA notes that it is the clearance and identification lights are material or reflex reflectors, serves as a responsibility of each motor carrier to mounted at the same level as the stop clear indication to the motoring public ensure that its vehicles fully comply lamps, tail lamps, and turn signals. The that the vehicle is a large commercial with the FMCSRs at all times (see 49 exemption will be valid for 5 years vehicle as opposed to a passenger car. CFR 393.1(c)), which includes the terms unless rescinded earlier by FMCSA. The While these conspicuity treatments are and conditions of this temporary exemption will be rescinded if: (1) not located at or near the very top of the exemption. As such, if a motor carrier Motor carriers and/or CMVs fail to trailer or semitrailer, FMCSA believes chooses to use STEMCO’s device, it comply with the terms and conditions that they provide a very distinctive must ensure that the required lights are of the exemption; (2) the exemption has visual pattern on the rear of trailers and properly moved and are fully resulted in a lower level of safety than semitrailers that easily enables motorists operational at all times. was maintained before it was granted; or to be aware that they are approaching a FMCSA acknowledges Wabash’s (3) continuation of the exemption would large vehicle.3 comment that it has developed a not be consistent with the goals and It is important to note that STEMCO solution whereby its aerodynamic objectives of 49 CFR part 381. is proposing that the required clearance device can be fitted to a trailer without Interested parties possessing and identification lights be relocated obscuring the required clearance and information that would demonstrate lower on vehicles using the identification lights located at the top of that motor carriers using trailers or aerodynamic devices, and is not simply the trailer. While Wabash has designed semitrailers with STEMCO’s requesting an exception to the a solution that does not require relief TrailerTail® aerodynamic device are not regulation because the required lights from the current standards, STEMCO achieving the requisite statutory level of are obscured by the device. FMCSA has applied for a temporary exemption safety should immediately notify believes that relocating the lamps to a in order to test an alternative design FMCSA. The Agency will evaluate any lower position is an acceptable based on its contention that use of that such information and, if safety is being approach and ensures an equivalent design will provide an equivalent or compromised or if the continuation of level of safety for two separate reasons. greater level of safety than without the the exemption is not consistent with 49 daltland on DSKBBV9HB2PROD with NOTICES First, and as STEMCO notes in its exemption. Because of reasons CFR part 381, will take immediate steps application, FMVSS No. 108 and section discussed above, FMCSA believes that to revoke the exemption. an equivalent level of safety will be 3 FMCSA also notes that, per STEMCO’s product maintained. Preemption literature, each side component of its aerodynamic device has red and white conspicuity tape applied While FMVSS No. 108 and section In accordance with 49 U.S.C. to the outward face of the device, further enhancing 393.11 of the FMCSRs require the two 31315(d), as implemented by 49 CFR the visibility of the vehicle. conspicuity treatments to be installed 381.600, during the period this VerDate Sep<11>2014 22:07 Feb 13, 2018 Jkt 244001 PO 00000 Frm 00215 Fmt 4703 Sfmt 4703 E:\FR\FM\14FEN1.SGM 14FEN1

6722 Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices exemption is in effect, no State shall 0367; FMCSA–2013–0192; FMCSA– duration of a driver’s medical enforce any law or regulation applicable 2015–0340; FMCSA–2015–0341 using certification. to interstate commerce that conflicts any of the following methods: The physical qualification standard with or is inconsistent with this • Federal eRulemaking Portal: Go to for drivers regarding diabetes found in exemption with respect to a firm or http://www.regulations.gov. Follow the 49 CFR 391.41(b)(3) states that a person person operating under the exemption. online instructions for submitting is physically qualified to drive a CMV States may, but are not required to, comments. if that person has no established adopt the same exemption with respect • Mail: Docket Management Facility; medical history or clinical diagnosis of to operations in intrastate commerce. U.S. Department of Transportation, 1200 diabetes mellitus currently requiring New Jersey Avenue SE, West Building insulin for control. Issued on: February 8, 2018. Ground Floor, Room W12–140, The 53 individuals listed in this Cathy F. Gautreaux, Washington, DC 20590–0001. notice have requested renewal of their Deputy Administrator. • Hand Delivery: West Building exemptions from the diabetes standard [FR Doc. 2018–03033 Filed 2–13–18; 8:45 am] Ground Floor, Room W12–140, 1200 in 49 CFR 391.41(b)(3), in accordance BILLING CODE 4910–EX–P New Jersey Avenue SE, Washington, with FMCSA procedures. Accordingly, DC, between 9 a.m. and 5 p.m., e.t., FMCSA has evaluated these Monday through Friday, except Federal applications for renewal on their merits DEPARTMENT OF TRANSPORTATION Holidays. and decided to extend each exemption • Fax: 1–202–493–2251. for a renewable two-year period. Federal Motor Carrier Safety Instructions: Each submission must Administration include the Agency name and the II. Request for Comments [Docket No. FMCSA–2009–0294; FMCSA– docket number(s) for this notice. Note Interested parties or organizations 2011–0326; FMCSA–2011–0327; FMCSA– that all comments received will be possessing information that would 2011–0367; FMCSA–2013–0192; FMCSA– posted without change to http:// otherwise show that any, or all, of these 2015–0340; FMCSA–2015–0341] www.regulations.gov, including any drivers are not currently achieving the personal information provided. Please statutory level of safety should Qualification of Drivers; Exemption see the Privacy Act heading below for immediately notify FMCSA. The Applications; Diabetes further information. Agency will evaluate any adverse AGENCY: Federal Motor Carrier Safety Docket: For access to the docket to evidence submitted and, if safety is Administration (FMCSA), DOT. read background documents or being compromised or if continuation of comments, go to http:// the exemption would not be consistent ACTION: Notice of renewal of www.regulations.gov at any time or with the goals and objectives of 49 exemptions; request for comments. Room W12–140 on the ground level of U.S.C. 31136(e) and 31315, FMCSA will SUMMARY: FMCSA announces its the West Building, 1200 New Jersey take immediate steps to revoke the decision to renew exemptions for 53 Avenue SE, Washington, DC, between 9 exemption of a driver. individuals from its prohibition in the a.m. and 5 p.m., e.t., Monday through III. Basis for Renewing Exemptions Federal Motor Carrier Safety Friday, except Federal holidays. The Regulations (FMCSRs) against persons FDMS is available 24 hours each day Under 49 U.S.C. 31315(b)(1), an with insulin-treated diabetes mellitus e.t., 365 days each year. If you want exemption may be granted for no longer (ITDM) from operating commercial acknowledgment that we received your than two years from its approval date motor vehicles (CMVs) in interstate comments, please include a self- and may be renewed upon application. commerce. The exemptions enable these addressed, stamped envelope or In accordance with 49 U.S.C. 31136(e) individuals with ITDM to continue to postcard or print the acknowledgement and 31315, each of the 53 applicants has operate CMVs in interstate commerce. page that appears after submitting satisfied the renewal conditions for comments online. obtaining an exemption from the DATES: Each group of renewed Privacy Act: In accordance with 5 diabetes requirement (74 FR 68092; 75 exemptions were applicable on the FR 8182; 76 FR 78720; 76 FR 79756; 77 U.S.C. 553(c), DOT solicits comments dates stated in the discussions below FR 533; 77 FR 5873; 77 FR 7232; 77 FR from the public to better inform its and will expire on the dates stated in 10607; 78 FR 78479; 79 FR 13086; 80 FR rulemaking process. DOT posts these the discussions below. Comments must 81415; 81 FR 1281; 81 FR 1987; 81 FR comments, without edit, including any be received on or before March 16, 2018. 36378; 81 FR 45213). They have personal information the commenter FOR FURTHER INFORMATION CONTACT: Ms. provides, to http://www.regulations.gov, maintained their required medical Christine A. Hydock, Chief, Medical as described in the system of records monitoring and have not exhibited any Programs Division, 202–366–4001, notice (DOT/ALL–14 FDMS), which can medical issues that would compromise fmcsamedical@dot.gov, FMCSA, be reviewed at http://www.dot.gov/ their ability to safely operate a CMV Department of Transportation, 1200 privacy. during the previous two-year exemption New Jersey Avenue SE, Room W64–224, period. These factors provide an Washington, DC 20590–0001. Office I. Background adequate basis for predicting each hours are from 8:30 a.m. to 5:30 p.m., Under 49 U.S.C. 31136(e) and 31315, driver’s ability to continue to drive e.t., Monday through Friday, except FMCSA may grant an exemption for five safely in interstate commerce. Federal holidays. If you have questions years if it finds ‘‘such exemption would Therefore, FMCSA concludes that regarding viewing or submitting likely achieve a level of safety that is extending the exemption for each of daltland on DSKBBV9HB2PROD with NOTICES material to the docket, contact Docket equivalent to or greater than the level these drivers for a period of two years Services, telephone (202) 366–9826. that would be achieved absent such is likely to achieve a level of safety ADDRESSES: You may submit comments exemption.’’ The statute also allows the equal to that existing without the bearing the Federal Docket Management Agency to renew exemptions at the end exemption. System (FDMS) Docket No. FMCSA– of the five-year period. FMCSA grants In accordance with 49 U.S.C. 31136(e) 2009–0294; FMCSA–2011–0326; exemptions from the FMCSRs for a two- and 31315, the following groups of FMCSA–2011–0327; FMCSA–2011– year period to align with the maximum drivers received renewed exemptions in VerDate Sep<11>2014 22:07 Feb 13, 2018 Jkt 244001 PO 00000 Frm 00216 Fmt 4703 Sfmt 4703 E:\FR\FM\14FEN1.SGM 14FEN1


Document Created: 2018-02-14 03:59:34
Document Modified: 2018-02-14 03:59:34
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; grant of application for exemption.
ContactMr. Jose Cestero, Vehicle and Roadside Operations Division, Office of Bus and Truck Standards and Operations, MC-PSV, (202) 366-5541; Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.
FR Citation83 FR 6718 
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