Parts and Accessories Necessary for Safe Operation; TowMate, LLC Application for an Exemption |
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Topics: TowMate
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T.F. Scott Darling, III
Federal Motor Carrier Safety Administration
9 February 2016
[Federal Register Volume 81, Number 26 (Tuesday, February 9, 2016)]
[Notices]
[Pages 6927-6928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02511]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2015-0238]
Parts and Accessories Necessary for Safe Operation; TowMate, LLC
Application for an Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
announces its decision to grant TowMate, LLC's (TowMate) application
for a limited two-year exemption to allow motor carriers to operate
rechargeable wireless temporary stop, turn, and tail lighting systems
during temporary towing operations. Under the Federal Motor Carrier
Safety Regulations (FMCSRs), all required lamps, with the exception of
battery-powered lamps used on projecting loads, must be powered by the
electrical system of the motor vehicle. The Agency has determined that
use of rechargeable wireless temporary stop, turn, and tail lighting
systems during temporary towing operations would not have an adverse
impact on safety, and use of these systems under the terms and
conditions of the exemption would achieve a level of safety equivalent
to or greater than the level of safety provided by the regulation. This
decision is consistent with an August 2005 amendment to the FMCSRs to
allow battery powered lamps on the rear of projecting loads.
DATES: This exemption is effective February 9, 2016 and ending February
9, 2018.
FOR FURTHER INFORMATION CONTACT: Mr. Luke Loy, Vehicle and Roadside
Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC-
PSV, (202) 366-0676, Federal Motor Carrier Safety Administration, 1200
New Jersey Avenue SE., Washington, DC 20590-0001.
Docket: For access to the docket to read background documents or
comments submitted to notice requesting public comments on the
exemption application, 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. The on-line Federal document
management system is available 24 hours each day, 365 days each year.
The docket number is listed at the beginning of this notice.
SUPPLEMENTARY INFORMATION:
Background
FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain parts of the Federal Motor Carrier Safety
Regulations. FMCSA must publish a notice of each exemption request in
the Federal Register (49 CFR 381.315(a)). The Agency must provide the
public 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 safety analyses and public comments submitted,
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)) with the reasons for denying or granting the application
and, if granted, the name of the person or class of persons receiving
the exemption, and the regulatory provision from which the exemption is
granted. The notice must also specify the effective period and explain
the terms and conditions of the exemption. The exemption may be renewed
(49 CFR 381.300(b)).
TowMate's Application for Exemption
TowMate applied for an exemption from 49 CFR 393.23 to allow motor
carriers to operate rechargeable wireless temporary stop, turn, and
tail lighting systems during temporary towing operations. A copy of the
application is included in the docket referenced at the beginning of
this notice.
Section 393.23, ``Power Supply for Lamps,'' provides that ``All
required lamps must be powered by the electrical system of the motor
vehicle with the exception of battery powered lamps used on projecting
loads.''
The application stated:
TowMate is making this request because the use of conventional
hard wired temporary stop, turn, and tail lights has many drawbacks
that wireless tow lights solve. These include broken connections,
frayed wires, burnt out incandescent bulbs, and the potential to be
snagged or pulled from the tow light receptacle due to improper
running of wires, and road hazards, along with the safety hazard of
increasing the amount of time spent on the roadside or the scene of
an accident by stringing wired lighting systems between vehicles and
securing the wires. With the advent of LED technology coupled with
advancements in battery technologies, wireless tow lights are more
reliable and better equipped for the rigors of daily temporary use.
Temporary wireless stop, turn, tail lighting systems can operate
for 10+ hours of 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.
Comments
On August 6, 2015, FMCSA published notice of the TowMate
application and requested public comment (80 FR 47031). The Agency
received thirteen comments, all in support of TowMate's application.
The Towing and Recovery Association of America, Inc., and the
Wisconsin Towing Association commented that hard-wired temporary stop,
tail and turn signal lighting systems take additional time to install
on the side of the road or highway as compared to wireless systems,
leaving tow operators vulnerable and at greater risk of being struck
and injured by passing motorists These commenters stated that use of
rechargeable wireless temporary stop, turn, and tail lighting
[[Page 6928]]
systems would help eliminate this hazard, and provide a safer working
environment.
Seven commenters identified themselves as owners of small towing
companies that use rechargeable wireless temporary stop, turn, and tail
lighting systems when conducting temporary emergency tows. These
commenters echoed the comments above, noting that use of the wireless
systems allows operators to clear accident scenes from roadways faster
and thereby increases tow operator safety.
Four additional commenters supported TowMate's application, noting
the same benefits as the other commenters.
Discussion
Prior to August 2005, section 393.23 of the FMCSRs was titled
``Lighting devices to be electric,'' and stated ``Lighting devices
shall be electric, except that red liquid-burning lanterns may be used
on the end of loads in the nature of poles, pipes, and ladders
projecting to the rear of the motor vehicle.'' In a final rule
published on August 15, 2005, FMCSA amended section 393.23 of the
FMCSRs to incorporate terminology which is more consistent with current
industry standards and practices (70 FR 48008). Specifically, the title
of section 393.23 was revised to read ``Power supply for lamps,'' the
reference to red liquid-burning lanterns was removed as obsolete, and--
as it relates to the subject exemption application--the rule was
amended to permit the use of battery powered lamps on projecting loads.
With respect to the use of battery powered lamps, the August 2005 rule
states ``With the exception of temporary lamps used on projecting
loads, lamps are required to be powered through the electrical system
of the commercial motor vehicle.'' [Emphasis added].
Motor vehicles transporting loads which extend more than 4 feet
beyond the rear of the motor vehicle, or which have tailboards or
tailgates extending more than 4 feet beyond the body, are required to
mark those projections when the vehicle is operated during the hours
when headlamps are required. Specifically, each side of the projecting
load is required to be marked with one red side marker lamp, visible
from the side, located to indicate the maximum overhang, and the rear
of the projecting load is required to be marked with two red lamps,
visible from the rear, one at each side, and two red reflectors visible
from the rear, one at each side, located so as to indicate the maximum
width of the projection. By expressly permitting battery powered lamps
on projecting loads via the August 2005 final rule, the Agency has
directly acknowledged the viability of lighting systems powered by
sources other than the vehicle's electrical system in limited
applications where the lamps required by the regulations are temporary
in nature due to the specific vehicle operation.
Section 393.17 of the FMCSRs prescribes the lighting requirements
for vehicles engaged in driveaway-towaway operations. A vehicle
combination consisting of a tow vehicle pulling a wrecked or disabled
vehicle is considered a driveaway-towaway operation, and the
combination needs to be equipped with the lighting devices specified in
section 393.17. Specifically with respect to the rear of the rearmost
towed vehicle in such a combination, section 393.17(b)(2) requires at
least two tail lamps, two stop lamps, two turn signals, two clearance
lamps, and two reflectors, one of each type at each side. In addition,
if any vehicle in the combination is 80 inches or more in overall
width, there must be three identification lamps on the rear. Similar to
the temporary lamps required on the rear of projecting loads, the
required lamps on the rear of a wrecked or disabled vehicle being
transported to a motor carrier's terminal or facility for repairs are
temporary in nature.
FMCSA Decision
FMCSA has evaluated the comments received in support of TowMate's
application. The Agency agrees that permitting the use of rechargeable
wireless temporary stop, turn, and tail lighting systems during
temporary towing operations will reduce the time tow operators spend at
the side of the road connecting wired lighting systems between
vehicles, thereby reducing their risk of injury and increasing safety.
The Agency believes that use of the rechargeable wireless lighting
systems will maintain a level of safety that is equivalent to, or
greater than, the level of safety achieved without the exemption. This
decision is consistent with the amendment made in the August 2005 final
rule to allow battery powered lamps on the rear of projecting loads.
Terms and Conditions for the Exemption
The Agency hereby grants the exemption for a two-year period,
beginning February 9, 2016 and ending February 9, 2018. During the
temporary exemption period, motor carriers will be allowed to use
rechargeable wireless temporary stop, turn, and tail lighting systems
that do not meet the lighting power supply requirements of 49 CFR
393.23 during temporary towing operations, provided the requirements of
49 CFR 393.17(b)(2) are met. The exemption will be valid for two years
unless rescinded earlier by FMCSA. The exemption will be rescinded if:
(1) Motor carriers and/or commercial motor vehicles fail to comply with
the terms and conditions of the exemption; (2) the exemption has
resulted in a lower level of safety than was maintained before it was
granted; or (3) continuation of the exemption would not be consistent
with the goals and objectives of 49 U.S.C. 31136(e) and 31315(b).
Interested parties possessing information that would demonstrate
that motor carriers using rechargeable wireless temporary stop, turn,
and tail lighting systems during temporary towing operations 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 U.S.C. 31136(e) and 31315(b), will take
immediate steps to revoke the exemption.
Preemption
In accordance with 49 U.S.C. 31313(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.
Issued on: January 29, 2016.
T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2016-02511 Filed 2-8-16; 8:45 am]
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