Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Dealers Choice Truckaway System, Inc.

Larry W. Minor
Federal Motor Carrier Safety Administration
October 8, 2014

[Federal Register Volume 79, Number 195 (Wednesday, October 8, 2014)]
[Notices]
[Pages 60891-60892]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-24011]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0335]


Parts and Accessories Necessary for Safe Operation; Application 
for an Exemption From Dealers Choice Truckaway System, Inc.

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

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

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SUMMARY: FMCSA requests public comment on an application for exemption 
from Dealers Choice Truckaway System, Inc. (Truckmovers) to allow the 
use of plastic blocks to build up the height of the front end of a 
towed vehicle in driveaway-towaway operations. The Federal Motor 
Carrier Safety Regulations (FMCSRs) permit the use of ``hardwood blocks 
of good quality'' for this purpose but the use of materials other than 
hardwood blocks is not addressed. Truckmovers believes the use of 
ultra-high molecular polyethylene plastic blocks will maintain a level 
of safety that is equivalent to the level of safety achieved without 
the exemption. Truckmovers is requesting the temporary exemption in 
advance of petitioning FMCSA to conduct a rulemaking to amend 49 CFR 
393.71(k)(4) to allow the use of vehicle support blocks made of any 
suitable material to support the weight of vehicles when towing 
multiple vehicles in driveaway-towaway operations.

DATES: Comments must be received on or before November 7, 2014.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2014-0335 using any of the 
following methods:
     Web site: 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: Anyone is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (65 FR 19476) or you may visit http://www.regulations.gov.
    Public participation: The http://www.regulations.gov Web site 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 Web site as well as 
the DOT's http://docketsinfo.dot.gov Web site. 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. Luke W. Loy, Vehicle and Roadside 
Operations Division, Office of Bus and Truck Standards and Operations, 
MC-PSV, (202) 366-0676; 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 2 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)).

Truckmovers Application for Exemption

    Truckmovers applied for an exemption from 49 CFR 393.71(k)(4) to 
allow the use of plastic support blocks in lieu of hardwood blocks to 
increase the height of a towed vehicle in driveaway-towaway operations. 
A copy of the application is included in the docket referenced at the 
beginning of this notice.
    In its application, Truckmovers states that without the proposed 
exemption it will not be able to utilize plastic support blocks because 
49 CFR 393.71(k)(4) specifically identifies the use of hardwood blocks 
to build up the height of the front end of a towed vehicle in 
driveaway-towaway operations. Truckmovers provided information 
regarding the development of ultra-high molecular polyethylene plastic 
blocks with a compression rating of 3,300 psi, which can withstand 
extreme heat and cold. These plastic blocks are not susceptible to 
decomposition and erosion like wood blocks, allowing for their re-use. 
The high compression

[[Page 60892]]

strength of the plastic does not allow the blocks to be over-tightened 
when secured with cargo securement devices, while wood can be over-
tightened, can crack and can become loose in transit. For the reasons 
stated above, Truckmovers requests that its operators be permitted to 
use the ultra-high molecular polyethylene plastic support blocks to 
increase the height of a towed vehicle in driveaway-towaway operations, 
instead of utilizing hardwood blocks as specified in the current 
regulation. Truckmovers believes that the use of ultra-high molecular 
polyurethane plastic blocks, in lieu of hardwood support blocks, will 
maintain a level of safety that is equivalent to the level of safety 
achieved without the exemption.

Request for Comments

    In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests 
public comment from all interested persons on Truckmovers application 
for an exemption from 49 CFR 393.73(k)(4). 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 relevant 
information in the public docket that becomes available after the 
comment closing date. Interested persons should continue to examine the 
public docket for new material.

    Issued on: October 1, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014-24011 Filed 10-7-14; 8:45 am]
BILLING CODE 4910-EX-P