83 FR 8569 - Parts and Accessories Necessary for Safe Operation; Application for an Exemption From the Automobile Carriers Conference of the American Trucking Associations
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 39 (February 27, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 39 (February 27, 2018)
| Page Range | 8569-8571 | |
| FR Document | 2018-03943 |
[Federal Register Volume 83, Number 39 (Tuesday, February 27, 2018)] [Notices] [Pages 8569-8571] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-03943] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2018-0090] Parts and Accessories Necessary for Safe Operation; Application for an Exemption From the Automobile Carriers Conference of the American Trucking Associations AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of application for exemption; request for comments. ----------------------------------------------------------------------- SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) requests public comment on an application for exemption from the Automobile Carriers Conference (ACC) of the American Trucking Associations (ATA) requesting that motor carriers operating stinger steered automobile transporter equipment be relieved from the requirement to place warning flags on projecting loads of new motor vehicles. The Federal Motor Carrier Safety Regulations (FMCSRs) require any commercial motor vehicle (CMV) [[Page 8570]] transporting a load that extends more than 4 feet beyond the rear of the vehicle to be marked with a single red or orange fluorescent warning flag at the extreme rear if the projecting load is 2 feet wide or less, and two warning flags if the projecting load is wider than 2 feet. The flags must be located to indicate the maximum width of loads which extend beyond the sides and/or rear of the vehicle. The ACC believes that the reflex reflectors that are required to be installed on the new motor vehicles being transported, in conjunction with the various marking and conspicuity requirements required on the trailer transporting the new vehicles, provide a level of safety that is greater than that achieved by the warning flags required by the FMCSRs. DATES: Comments must be received on or before March 29, 2018. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket ID FMCSA-2018-0090 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: Mr. Jos[eacute] R. Cestero, Vehicle and Roadside Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC-PSV, (202) 366-5541, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-0001. SUPPLEMENTARY INFORMATION: Background Section 4007 of the Transportation Equity Act for the 21st Century (TEA- 21) [Pub. L. 105-178, June 9, 1998, 112 Stat. 401] amended 49 U.S.C. 31315 and 31136(e) to provide authority to grant exemptions from the Federal Motor Carrier Safety Regulations (FMCSRs). On August 20, 2004, FMCSA published a final rule (69 FR 51589) implementing section 4007. Under this rule, FMCSA must publish a notice of each exemption request in the Federal Register (49 CFR 381.315(a)). The Agency must provide the public with an opportunity to inspect the information relevant to the application, including any safety analyses that have been conducted. The Agency must also provide an opportunity for public comment on the request. The Agency reviews the safety analyses and the public comments and determines whether granting the exemption would likely achieve a level of safety equivalent to or greater than the level that would be achieved by the current regulation (49 CFR 381.305). The decision of the Agency must be published in the Federal Register (49 CFR 381.315(b)). If the Agency denies the request, it must state the reason for doing so. If the decision is to grant the exemption, the notice must specify the person or class of persons receiving the exemption and the regulatory provision or provisions from which an exemption is granted. The notice must specify the effective period of the exemption (up to 5 years) and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.315(c) and 49 CFR 381.300(b)). ACC Application for Exemption The ACC has applied for an exemption from 49 CFR 393.87, requesting that motor carriers operating stinger steered automobile transporter equipment be relieved from the requirement to place warning flags on projecting loads of new motor vehicles. A copy of the application is included in the docket referenced at the beginning of this notice. Section 393.87 of the FMCSRs requires any commercial motor vehicle transporting a load which extends beyond the sides by more than 4 inches, or more than 4 feet beyond the rear, to have the extremities of the load marked with red or orange fluorescent warning flags. Each warning flag must be at least 18 inches square. There must be a single flag at the extreme rear if the projecting load is 2 feet wide or less, and two warning flags are required if the projecting load is wider than 2 feet. The flags must be located to indicate the maximum width of loads which extend beyond the sides and/or rear of the vehicle. In its application, the ACC states ``With the enactment of the FAST [Fixing America's Surface Transportation] Act in December 2015, stinger steered automobile transporter equipment are permitted a rear vehicular overhang allowance of not less than six feet. [49 U.S.C. 31111(b)(1)(G)] Prior to the enactment of the FAST Act, the minimum rear overhang allowance for all automobile transporters was a minimum of four feet. [23 CFR Sec. 658.13(e)(ii)].'' The ACC states: The transportation of new motor vehicles poses a dilemma in adhering to the flag requirements. Affixing flags or anything else to the surfaces of the vehicles is not allowed by vehicle manufacturers as it can lead to scratches and other damage to the vehicle. Auto transporters have attempted to adhere to the intent of the regulations by affixing flags at the end of the trailers (see attachments). This in itself can still lead to vehicle damage by virtue of the flag rubbing on the vehicle surface. However, this attempt to comply with the regulatory intent does not adhere to the letter of the regulations and has resulted in carriers receiving numerous citations for being in violation of the flag requirements. The ACC states that motor vehicles are the only commodity to be transported that must adhere to the requirements of Federal Motor Vehicle Safety Standard (FMVSS) No. 108, [[Page 8571]] ``Lamps, reflective devices and associated equipment,'' and that FMCSS No. 108 has required motor vehicles to be equipped with side-facing reflex reflectors in addition to amber reflectors in the front of the vehicle and red reflectors in the rear of the vehicle since 1968. The ACC contends that the reflective devices that are required to be on the vehicles being transported, along with the required lighting and conspicuity treatments on the trailer ``more than adequately adhere to the intent of Sec. 383.87 in notifying the motoring public that a load extends more than four feet beyond the rear of the trailer.'' In addition, ACC states that FMVSS No. 108 imposes specific performance criteria for the required reflectors, whereas there are no such performance requirements for the flags required by the FMCSRs. The ACC states that the automobile transporter vehicle population is a fraction of the overall CMV population, consisting of approximately 16,000 units, and that the stinger steered vehicle population is a subset of that. Further, ACC notes that since the enactment of the FAST Act, the industry has not experienced an increase in collisions into the rear end of trucks with the additional 2 feet of allowable overhang. The ACC states that ``Statistics show that the accident frequency of collisions into the rear end of auto transporters is miniscule with a rate of less than 0.05%.'' The exemption would apply to all motor carriers operating stinger steered automobile transporter equipment. The ACC believes that the reflex reflectors that are required to be installed on the new motor vehicles being transported, in conjunction with the various marking and conspicuity requirements required on the trailer transporting the new vehicles, provide a level of safety that is greater than that achieved by the warning flags required by the FMCSRs. Request for Comments In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests public comment from all interested persons on ACC's application for an exemption from 49 CFR 393.87. All comments received before the close of business on the comment closing date indicated at the beginning of this notice will be considered and will be available for examination in the docket at the location listed under the ADDRESSES section of this notice. Comments received after the comment closing date will be filed in the public docket and will be considered to the extent practicable. In addition to late comments, FMCSA will continue to file, in the public docket, relevant information that becomes available after the comment closing date. Interested persons should continue to examine the public docket for new material. Issued on: February 20, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-03943 Filed 2-26-18; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 83, No. 39 / Tuesday, February 27, 2018 / Notices 8569
I. Background notice remain in good standing with the must also have a copy of the exemption
Under 49 U.S.C. 31136(e) and 31315, Agency, have maintained their medical when driving, for presentation to a duly
FMCSA may grant an exemption for five monitoring and have not exhibited any authorized Federal, State, or local
years if it finds ‘‘such exemption would medical issues that would compromise enforcement official. The exemption
their ability to safely operate a CMV will be rescinded if: (1) The person fails
likely achieve a level of safety that is
during the previous two-year exemption to comply with the terms and
equivalent to or greater than the level
period. In addition, for Commercial conditions of the exemption; (2) the
that would be achieved absent such
Driver’s License (CDL) holders, the exemption has resulted in a lower level
exemption.’’ The statute also allows the
Commercial Driver’s License of safety than was maintained before it
Agency to renew exemptions at the end
Information System (CDLIS) and the was granted; or (3) continuation of the
of the five-year period. FMCSA grants
Motor Carrier Management Information exemption would not be consistent with
exemptions from the FMCSRs for a two-
System (MCMIS) are searched for crash the goals and objectives of 49 U.S.C.
year period to align with the maximum
and violation data. For non-CDL 31136(e) and 31315.
duration of a driver’s medical
certification. holders, the Agency reviews the driving V. Preemption
The physical qualification standard records from the State Driver’s
Licensing Agency (SDLA). These factors During the period the exemption is in
for drivers regarding epilepsy found in effect, no State shall enforce any law or
49 CFR 391.41(b)(8) states that a person provide an adequate basis for predicting
each driver’s ability to continue to regulation that conflicts with this
is physically qualified to drive a CMV exemption with respect to a person
if that person has no established safely operate a CMV in interstate
commerce. Therefore, FMCSA operating under the exemption.
medical history or clinical diagnosis of
epilepsy or any other condition which concludes that extending the exemption VI. Conclusion
is likely to cause the loss of for each renewal applicant for a period
Based upon its evaluation of the nine
consciousness or any loss of ability to of two years is likely to achieve a level
exemption applications, FMCSA renews
control a CMV. of safety equal to that existing without
the exemptions of the aforementioned
In addition to the regulations, FMCSA the exemption.
drivers from the epilepsy and seizure
has published advisory criteria to assist As of January 21, 2018, and in
disorders prohibition in 49 CFR 391.41
Medical Examiners in determining accordance with 49 U.S.C. 31136(e) and
(b)(8). In accordance with 49 U.S.C.
whether drivers with certain medical 31315, the following nine individuals
31136(e) and 31315, each exemption
conditions are qualified to operate a have satisfied the renewal conditions for
will be valid for two years unless
CMV in interstate commerce. [49 CFR obtaining an exemption from the
revoked earlier by FMCSA.
part 391, APPENDIX A TO PART 391— epilepsy and seizure disorders
prohibition in the FMCSRs for interstate Issued on: February 8, 2018.
MEDICAL ADVISORY CRITERIA,
CMV drivers: Larry W. Minor,
section H. Epilepsy: § 391.41(b)(8),
Thomas A. De Angelo (IL) Associate Administrator for Policy.
paragraphs 3, 4, and 5.]
The nine individuals listed in this Nathan L. Dermer (AK) [FR Doc. 2018–03940 Filed 2–26–18; 8:45 am]
notice have requested renewal of their Daniel L. Halstead (NV) BILLING CODE 4910–EX–P
exemptions from the epilepsy and Toriano T. Mitchell (OH)
seizure disorders prohibition in 49 CFR Thomas A. Mitman (NY)
Diana J. Mugford (VT) DEPARTMENT OF TRANSPORTATION
391.41(b)(8), in accordance with
FMCSA procedures. Accordingly, Tyler W. Schaefer (ME)
Alvin C. Strite (PA) Federal Motor Carrier Safety
FMCSA has evaluated these Administration
applications for renewal on their merits Thomas B. Vivirito (PA)
and decided to extend each exemption The drivers were included in docket [Docket No. FMCSA–2018–0090]
for a renewable two-year period. number FMCSA–2012–0050; FMCSA–
2015–0119; FMCSA–2015–0320. Their Parts and Accessories Necessary for
II. Request for Comments exemptions are applicable as of January Safe Operation; Application for an
Interested parties or organizations 21, 2018, and will expire on January 21, Exemption From the Automobile
possessing information that would 2020. Carriers Conference of the American
otherwise show that any, or all, of these Trucking Associations
IV. Conditions and Requirements
drivers are not currently achieving the AGENCY: Federal Motor Carrier Safety
statutory level of safety should The exemptions are extended subject Administration (FMCSA), DOT.
immediately notify FMCSA. The to the following conditions: (1) Each ACTION: Notice of application for
Agency will evaluate any adverse driver must remain seizure-free and exemption; request for comments.
evidence submitted and, if safety is maintain a stable treatment during the
being compromised or if continuation of two-year exemption period; (2) each SUMMARY: The Federal Motor Carrier
the exemption would not be consistent driver must submit annual reports from Safety Administration (FMCSA)
with the goals and objectives of 49 their treating physicians attesting to the requests public comment on an
U.S.C. 31136(e) and 31315, FMCSA will stability of treatment and that the driver application for exemption from the
take immediate steps to revoke the has remained seizure-free; (3) each Automobile Carriers Conference (ACC)
exemption of a driver. driver must undergo an annual medical of the American Trucking Associations
examination by a certified Medical (ATA) requesting that motor carriers
daltland on DSKBBV9HB2PROD with NOTICES
III. Basis for Renewing Exemptions Examiner, as defined by 49 CFR 390.5; operating stinger steered automobile
In accordance with 49 U.S.C. 31136(e) and (4) each driver must provide a copy transporter equipment be relieved from
and 31315, each of the nine applicants of the annual medical certification to the requirement to place warning flags
has satisfied the renewal conditions for the employer for retention in the on projecting loads of new motor
obtaining an exemption from the driver’s qualification file, or keep a copy vehicles. The Federal Motor Carrier
epilepsy and seizure disorders of his/her driver’s qualification file if Safety Regulations (FMCSRs) require
prohibition. The nine drivers in this he/she is self-employed. The driver any commercial motor vehicle (CMV)
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![8570 Federal Register / Vol. 83, No. 39 / Tuesday, February 27, 2018 / Notices
transporting a load that extends more personal information the commenter effective period of the exemption (up to
than 4 feet beyond the rear of the provides, to www.regulations.gov, as 5 years) and explain the terms and
vehicle to be marked with a single red described in the system of records conditions of the exemption. The
or orange fluorescent warning flag at the notice (DOT/ALL–14 FDMS), which can exemption may be renewed (49 CFR
extreme rear if the projecting load is 2 be reviewed at www.dot.gov/privacy. 381.315(c) and 49 CFR 381.300(b)).
feet wide or less, and two warning flags Public participation: The http://
ACC Application for Exemption
if the projecting load is wider than 2 www.regulations.gov website is
feet. The flags must be located to generally available 24 hours each day, The ACC has applied for an
indicate the maximum width of loads 365 days each year. You may find exemption from 49 CFR 393.87,
which extend beyond the sides and/or electronic submission and retrieval help requesting that motor carriers operating
rear of the vehicle. The ACC believes and guidelines under the ‘‘help’’ section stinger steered automobile transporter
that the reflex reflectors that are of the http://www.regulations.gov equipment be relieved from the
required to be installed on the new website as well as the DOT’s http:// requirement to place warning flags on
motor vehicles being transported, in docketsinfo.dot.gov website. If you projecting loads of new motor vehicles.
conjunction with the various marking would like notification that we received A copy of the application is included in
and conspicuity requirements required your comments, please include a self- the docket referenced at the beginning
on the trailer transporting the new addressed, stamped envelope or of this notice.
vehicles, provide a level of safety that is postcard or print the acknowledgment Section 393.87 of the FMCSRs
greater than that achieved by the page that appears after submitting requires any commercial motor vehicle
warning flags required by the FMCSRs. comments online. transporting a load which extends
FOR FURTHER INFORMATION CONTACT: Mr.
beyond the sides by more than 4 inches,
DATES: Comments must be received on
José R. Cestero, Vehicle and Roadside or more than 4 feet beyond the rear, to
or before March 29, 2018.
Operations Division, Office of Carrier, have the extremities of the load marked
ADDRESSES: You may submit comments with red or orange fluorescent warning
bearing the Federal Docket Management Driver, and Vehicle Safety, MC–PSV,
(202) 366–5541, Federal Motor Carrier flags. Each warning flag must be at least
System (FDMS) Docket ID FMCSA– 18 inches square. There must be a single
2018–0090 using any of the following Safety Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590– flag at the extreme rear if the projecting
methods: load is 2 feet wide or less, and two
• Website: http:// 0001.
warning flags are required if the
www.regulations.gov. Follow the SUPPLEMENTARY INFORMATION: projecting load is wider than 2 feet. The
instructions for submitting comments flags must be located to indicate the
on the Federal electronic docket site. Background
maximum width of loads which extend
• Fax: 1–202–493–2251. Section 4007 of the Transportation beyond the sides and/or rear of the
• Mail: Docket Management Facility, Equity Act for the 21st Century (TEA– vehicle.
U.S. Department of Transportation, 21) [Pub. L. 105–178, June 9, 1998, 112 In its application, the ACC states
Room W12–140, 1200 New Jersey Stat. 401] amended 49 U.S.C. 31315 and ‘‘With the enactment of the FAST
Avenue SE, Washington, DC 20590– 31136(e) to provide authority to grant [Fixing America’s Surface
0001. exemptions from the Federal Motor Transportation] Act in December 2015,
• Hand Delivery: Ground Floor, Room Carrier Safety Regulations (FMCSRs). stinger steered automobile transporter
W12–140, DOT Building, 1200 New On August 20, 2004, FMCSA published equipment are permitted a rear
Jersey Avenue SE, Washington, DC, a final rule (69 FR 51589) implementing vehicular overhang allowance of not
between 9 a.m. and 5 p.m. e.t., Monday– section 4007. Under this rule, FMCSA less than six feet. [49 U.S.C.
Friday, except Federal holidays. must publish a notice of each exemption 31111(b)(1)(G)] Prior to the enactment of
Instructions: All submissions must request in the Federal Register (49 CFR the FAST Act, the minimum rear
include the Agency name and docket 381.315(a)). The Agency must provide overhang allowance for all automobile
number for this notice. For detailed the public with an opportunity to transporters was a minimum of four
instructions on submitting comments inspect the information relevant to the feet. [23 CFR Sec. 658.13(e)(ii)].’’
and additional information on the application, including any safety The ACC states:
exemption process, see the ‘‘Public analyses that have been conducted. The
The transportation of new motor vehicles
Participation’’ heading below. Note that Agency must also provide an poses a dilemma in adhering to the flag
all comments received will be posted opportunity for public comment on the requirements. Affixing flags or anything else
without change to http:// request. to the surfaces of the vehicles is not allowed
www.regulations.gov, including any The Agency reviews the safety by vehicle manufacturers as it can lead to
personal information provided. Please analyses and the public comments and scratches and other damage to the vehicle.
see the ‘‘Privacy Act’’ heading for determines whether granting the Auto transporters have attempted to adhere
further information. exemption would likely achieve a level to the intent of the regulations by affixing
Docket: For access to the docket to flags at the end of the trailers (see
of safety equivalent to or greater than
attachments). This in itself can still lead to
read background documents or the level that would be achieved by the vehicle damage by virtue of the flag rubbing
comments received, go to http:// current regulation (49 CFR 381.305). on the vehicle surface. However, this attempt
www.regulations.gov or to Room W12– The decision of the Agency must be to comply with the regulatory intent does not
140, DOT Building, 1200 New Jersey published in the Federal Register (49 adhere to the letter of the regulations and has
Avenue SE, Washington, DC, between 9 CFR 381.315(b)). If the Agency denies resulted in carriers receiving numerous
daltland on DSKBBV9HB2PROD with NOTICES
a.m. and 5 p.m., Monday through the request, it must state the reason for citations for being in violation of the flag
Friday, except Federal holidays. doing so. If the decision is to grant the requirements.
Privacy Act: In accordance with 5 exemption, the notice must specify the The ACC states that motor vehicles
U.S.C. 553(c), DOT solicits comments person or class of persons receiving the are the only commodity to be
from the public to better inform its exemption and the regulatory provision transported that must adhere to the
rulemaking process. DOT posts these or provisions from which an exemption requirements of Federal Motor Vehicle
comments, without edit, including any is granted. The notice must specify the Safety Standard (FMVSS) No. 108,
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![Federal Register / Vol. 83, No. 39 / Tuesday, February 27, 2018 / Notices 8571
‘‘Lamps, reflective devices and in the public docket, relevant 381.315(a)). The Agency must provide
associated equipment,’’ and that FMCSS information that becomes available after the public an opportunity to inspect the
No. 108 has required motor vehicles to the comment closing date. Interested information relevant to the application,
be equipped with side-facing reflex persons should continue to examine the including any safety analyses that have
reflectors in addition to amber reflectors public docket for new material. been conducted. The Agency must also
in the front of the vehicle and red Issued on: February 20, 2018. provide an opportunity for public
reflectors in the rear of the vehicle since Larry W. Minor,
comment on the request.
1968. The ACC contends that the FMCSA reviews safety analyses and
Associate Administrator for Policy. public comments submitted, and
reflective devices that are required to be
on the vehicles being transported, along [FR Doc. 2018–03943 Filed 2–26–18; 8:45 am] determines whether granting the
with the required lighting and BILLING CODE 4910–EX–P exemption would likely achieve a level
conspicuity treatments on the trailer of safety equivalent to, or greater than,
‘‘more than adequately adhere to the the level that would be achieved by the
intent of Sec. 383.87 in notifying the DEPARTMENT OF TRANSPORTATION current regulation (49 CFR 381.305(a)).
motoring public that a load extends The decision of the Agency must be
Federal Motor Carrier Safety
more than four feet beyond the rear of published in the Federal Register (49
Administration
the trailer.’’ In addition, ACC states that CFR 381.315(b)) with the reason for the
FMVSS No. 108 imposes specific [Docket No. FMCSA–2017–0120] grant or denial, and, if granted, the
performance criteria for the required specific person or class of persons
reflectors, whereas there are no such Hours of Service of Drivers: receiving the exemption, and the
performance requirements for the flags Application for Exemption; G4S Secure regulatory provision or provisions from
required by the FMCSRs. Solutions (USA), Inc. (G4S) which exemption is granted. The notice
The ACC states that the automobile AGENCY: Federal Motor Carrier Safety also must specify the effective period of
transporter vehicle population is a Administration (FMCSA), DOT. the exemption (up to 5 years), and
fraction of the overall CMV population, explain the terms and conditions of the
ACTION: Notice of final disposition;
consisting of approximately 16,000 exemption. The exemption may be
denial of application for exemption.
units, and that the stinger steered renewed (49 CFR 381.300(b)).
vehicle population is a subset of that. SUMMARY: FMCSA announces its III. Request for Exemption
Further, ACC notes that since the decision to deny the application of G4S
enactment of the FAST Act, the industry Secure Solutions (USA), Inc. (G4S), for G4S is an international security
has not experienced an increase in an exemption from the requirement that solutions group, with operations in
collisions into the rear end of trucks its drivers use electronic logging devices more than 100 countries and more than
with the additional 2 feet of allowable (ELDs) to record their hours of service 54,000 employees in North America.
overhang. The ACC states that (HOS). G4S requested the exemption for One component of G45’s operations is
‘‘Statistics show that the accident all its drivers of customer/government- detainee and prisoner transport.
frequency of collisions into the rear end owned vehicles used intermittently to Government agencies across the
of auto transporters is miniscule with a perform passenger transportation. country, including the U.S. Immigration
rate of less than 0.05%.’’ FMCSA analyzed the exemption and Customs Enforcement and State/
The exemption would apply to all application and public comments, and county police departments, contract
motor carriers operating stinger steered determined that the record does not with G4S to safely and securely
automobile transporter equipment. The transport prisoners, offenders, and
establish that the applicant would not
ACC believes that the reflex reflectors illegal aliens. To perform these
achieve a level of safety equivalent to,
that are required to be installed on the transportation services, G4S is
or greater than, the level that would be
new motor vehicles being transported, registered with the FMCSA as a for-hire
achieved absent such exemption.
in conjunction with the various marking motor carrier. While the company
FMCSA therefore issued a letter of
and conspicuity requirements required maintains a relatively small fleet of
denial to the applicant on January 5,
on the trailer transporting the new vehicles, a significant portion of its
2018.
vehicles, provide a level of safety that is transportation services are performed by
greater than that achieved by the DATES: Application for exemption was G4S employees operating customer/
warning flags required by the FMCSRs. denied January 5, 2018. government-owned equipment (e.g.,
FOR FURTHER INFORMATION CONTACT: For buses and 15-passenger-vans).
Request for Comments information concerning this notice, The company had started the process
In accordance with 49 U.S.C. 31315 contact Mr. Tom Yager, Chief, FMCSA of installing compliant ELDs in its own
and 31136(e), FMCSA requests public Driver and Carrier Operations Division; vehicle fleet. G4S, however, believed an
comment from all interested persons on Office of Carrier, Driver and Vehicle exemption was for instances when its
ACC’s application for an exemption Safety Standards; Telephone: 614–942– drivers operate customer/government-
from 49 CFR 393.87. All comments 6477. Email: MCPSD@dot.gov. If you owned equipment to perform passenger
received before the close of business on have questions on viewing or submitting transportation services. In these
the comment closing date indicated at material to the docket, contact Docket instances, it is the customer, not G4S,
the beginning of this notice will be Services, telephone (202) 366–9826. that owns and maintains the vehicles.
considered and will be available for SUPPLEMENTARY INFORMATION: For its part, G4S provides qualified
examination in the docket at the drivers to operate the vehicles and is
daltland on DSKBBV9HB2PROD with NOTICES
location listed under the ADDRESSES Background explicitly precluded, often by contract,
section of this notice. Comments FMCSA has authority under 49 U.S.C. from making any modifications to or
received after the comment closing date 31136(e) and 31315 to grant exemptions installing any equipment in the
will be filed in the public docket and from certain Federal Motor Carrier vehicles.
will be considered to the extent Safety Regulations (FMCSRs). FMCSA G4S claimed that, from a safety
practicable. In addition to late must publish a notice of each exemption perspective, its operations are
comments, FMCSA will continue to file, request in the Federal Register (49 CFR indistinguishable from driveaway-
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Document Created: 2018-02-27 01:14:57
Document Modified: 2018-02-27 01:14:57
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of application for exemption; request for comments. | |
| Dates | Comments must be received on or before March 29, 2018. | |
| Contact | Mr. Jos[eacute] R. Cestero, Vehicle and Roadside Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC-PSV, (202) 366-5541, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-0001. | |
| FR Citation | 83 FR 8569 |
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