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Parts and Accessories Necessary for Safe Operation; Exemption Renewal for TowMate LLC Publication: Federal Register Agency: Federal Motor Carrier Safety Administration Byline: Robin Hutcheson Date: 19 April 2023 Subjects: American Government  , Trucking
Topic: TowMate |
[Federal Register Volume 88, Number 75 (Wednesday, April 19, 2023)]
[Notices]
[Pages 24263-24265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08193]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2015-0238]
Parts and Accessories Necessary for Safe Operation; Exemption
Renewal for TowMate LLC
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of provisional renewal of exemption; request for
comments.
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SUMMARY: FMCSA announces its decision provisionally to renew the
TowMate, LLC (TowMate) exemption which allows motor carriers to operate
rechargeable wireless temporary stop, turn, and tail lighting systems
during temporary towing operations that do not meet the vehicle power
supply requirements for all required lamps in the Federal Motor Carrier
Safety Regulations (FMCSRs). The exemption is renewed for 5 years,
unless rescinded earlier.
DATES: This renewed exemption is effective February 9, 2023, through
February 9, 2028, unless rescinded earlier. Comments must be received
on or before May 19, 2023.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2015-0238 using any of the
following methods:
Federal eRulemaking Portal: www.regulations.gov. See the
Public Participation and Request for Comments section below for further
information.
Mail: Docket Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m., ET,
Monday through Friday, except Federal holidays.
Fax: (202) 493-2251.
Each submission must include the Agency name and the docket number
for this notice (FMCSA-2015-0238). Note that DOT posts all comments
received without change to www.regulations.gov, including any personal
information included in a comment. Please see the Privacy heading
below.
Docket: For access to the docket to read background documents or
comments, go to www.regulations.gov at any time or visit Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday,
except Federal holidays. To be sure someone is there to help you,
please call (202) 366-9317 or (202) 366-9826 before visiting Dockets
Operations.
Privacy Act: In accordance with 49 U.S.C. 31315(b), DOT solicits
comments from the public to better inform its exemption 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, the comments are searchable by the name of the
submitter.
FOR FURTHER INFORMATION CONTACT: Mr. Luke Loy, Vehicle and Roadside
Operations Division, Office of Carrier, Driver, and Vehicle Safety,
FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001; (202) 366-
0676; MCPSV@dot.gov.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for Comments
FMCSA encourages you to participate by submitting comments and
related materials.
Submitting Comments
If you submit a comment, please include the docket number for this
notice (FMCSA-2015-0238), indicate the specific section of this
document to which the comment applies, and provide a reason for
suggestions or recommendations. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so the Agency
[[Page 24264]]
can contact you if it has questions regarding your submission.
To submit your comment online, go to www.regulations.gov and put
the docket number, ``FMCSA-2015-0238'' in the ``Keyword'' box, and
click ``Search.'' When the new screen appears, click on the ``Comment''
button and type your comment into the text box in the following screen.
Choose whether you are submitting your comment as an individual or on
behalf of a third party and then submit. If you submit your comments by
mail or hand delivery, submit them in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying and electronic filing. If you
submit comments by mail and would like to know that they reached the
facility, please enclose a stamped, self-addressed postcard or
envelope. FMCSA will consider all comments and material received during
the comment period.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) and 49
CFR 381.300(b) to renew an exemption from the FMCSRs for a 5-year
period if it finds ``such exemption would likely achieve a level of
safety that is equivalent to, or greater than, the level that would be
achieved absent such exemption.''
III. Background
Current Regulation(s) Requirements
Under 49 CFR 393.23, all required lamps must be powered by the
electrical system of the motor vehicle with the exception of battery
powered lamps used on projecting loads. This requirement ensures that
vehicle-supplied electrical power is connected to all required vehicle
lamps during normal operation of the vehicle.
Application for Renewal of Exemption
TowMate has requested a 5-year renewal of its exemption from 49 CFR
393.23, Power supply for lamps, previously granted on February 9,
2016,\1\ and renewed on February 13, 2018,\2\ to allow motor carriers
to operate rechargeable wireless temporary stop, turn, and tail
lighting systems during temporary towing operations. TowMate stated in
the application:
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\1\ See 81 FR 6927.
\2\ See 83 FR 6306.
[T]he use of conventional hard wired temporary stop, turn, and
tail lights has many drawbacks that wireless tow lights solve. These
drawbacks include broken connections, frayed wires, burnt out
incandescent bulbs, and the potential to be snagged or pulled from
the tow light receptacle due to improper running of wires, and road
hazards, along with the safety hazard of increasing the amount of
time spent on the roadside or the scene of an accident by stringing
wired lighting systems between vehicles and securing the wires. With
the advent of LED technology coupled with advancements in battery
technologies, wireless tow lights are more reliable and better
equipped for the rigors of daily temporary use. . . .
Temporary wireless stop, turn, tail lighting systems can operate
for 10+ hours of continuous use on a full charge, and in-cab wire-
less monitoring systems give the driver constant information on the
functioning of the system, displaying state of charge of the battery
inside the unit, displaying the functioning of the system during
operation, and warning the driver if the unit is no longer
functioning. In this sense, wireless tow lights provide a level of
safety and redundancy that is not currently required on wired
temporary lighting systems. In an emergency situation with a drained
battery, power can be directly connected to the temporary wireless
stop, turn, and tail lighting system from a standard 4 pin or 7 pin
electrical connection. . . .
Without the proposed temporary exemption, [tow and haul away]
operators will be forced to continue to use cumbersome wired
temporary towing light systems, placing an unnecessary burden on
their daily operations. The current temporary lighting requirements
for stop, tail, and turn lamps require that the lamps receive their
power from a direct wired connection to the towing vehicle with no
ascertainable benefit from doing such. Wireless tow lights afford
benefits that wired systems are unable to, such as redundancies like
monitoring the status of the unit in real time, thus assuring their
proper operation at all times.
Original Application for Exemption and Operations Under Exemption
In its original application, TowMate utilized the same
justification that rechargeable wireless temporary stop, turn, and tail
lighting systems solve many of the safety issues inherent with wired
temporary lighting systems. Based on TowMate's application, FMCSA
granted a two-year exemption on February 9, 2016 (81 FR 6927), and
subsequently renewed that exemption for five years from February 9,
2018, to February 9, 2023 (83 FR 6306).
IV. Equivalent Level of Safety Analysis
FMCSA is not aware of any evidence showing that the operation of
rechargeable wireless temporary stop, turn, and tail lighting systems
during temporary towing operations during the current exemption has
resulted in any degradation of safety. The Agency believes that
extending the exemption for a period of five years will likely achieve
a level of safety that is equivalent to, or greater than, the level of
safety achieved without the exemption because the use of hard-wired
temporary stop, turn, and tail lights has many drawbacks that wireless
tow lights solve. These include broken connections, frayed wires, the
potential for lights to be snagged or pulled from the tow light
receptacle due to improper running of wires, and road hazards. The use
of rechargeable wireless lighting system also reduces the amount of
time that would be spent on the roadside or the scene of an accident
stringing wired lighting systems between vehicles and securing the
wires. With the advent of LED technology, coupled with advancements in
battery technologies, wireless tow lights are more reliable and better
equipped for the rigors of daily temporary use and will likely achieve
a level of safety that is equivalent to, or greater than, the level of
safety achieved without the exemption.
V. Exemption Decision
FMCSA is provisionally renewing the exemption for a period of five
years subject to the terms and conditions of this decision and the
absence of public comments that would cause the Agency to terminate the
exemption at an earlier date under Sec. V.D. below. The exemption from
the requirements of 49 CFR 393.23, is otherwise effective from February
9, 2023, through February 9, 2028, 11:59 p.m. EST unless rescinded.
A. Applicability of Exemption
The exemption is restricted to motor carriers operating
rechargeable wireless temporary stop, turn, and tail lighting systems
that do not meet the lighting power supply requirements of 49 CFR
393.23, provided the requirements of 49 CFR 393.17(b)(2) are met.
B. Terms and Conditions
Drivers operating under the exemption must comply with all other
applicable FMCSRs (49 CFR parts 350-399).
C. Preemption
In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR
381.600, during the period this exemption is in effect, no State shall
enforce any law or regulation applicable to interstate commerce that
conflicts with or is inconsistent with this exemption with respect to a
firm or person operating under the exemption. States may, but are not
required to, adopt the same exemption with respect to operations in
intrastate commerce.
D. Termination
The exemption will be valid for five years unless rescinded earlier
by FMCSA. The exemption will be rescinded if: (1) motor carriers and/or
[[Page 24265]]
commercial motor vehicles fail to comply with the terms and conditions
of the exemption; (2) the exemption has resulted in a lower level of
safety than was maintained before it was granted; or (3) continuation
of the exemption would not be consistent with the goals and objects of
49 U.S.C. 31136(e) and 31315.
Interested parties possessing information that would demonstrate
that companies operating under this exemption are not achieving the
requisite statutory level of safety should immediately notify FMCSA.
Such information may be reported via email to MCPSV@dot.gov. The Agency
will evaluate any such information and, if safety is being compromised
or if the continuation of the exemption is not consistent with 49
U.S.C. 31136(e) and 31315(b), will take immediate steps to revoke the
exemption.
VI. Request for Comments
In accordance with 49 U.S.C. 31315(b), FMCSA requests public
comment from all interested persons on TowMate's application for
renewal of its exemption from 49 CFR 393.23.
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 also 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.
Robin Hutcheson,
Administrator.
[FR Doc. 2023-08193 Filed 4-18-23; 8:45 am]
BILLING CODE 4910-EX-P