Parts and Accessories Necessary for Safe Operation, Lamps and Reflective Devices; Application for an Exemption From STEMCO LP |
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Topics: Stemco
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Cathy F. Gautreaux
Federal Motor Carrier Safety Administration
14 February 2018
[Federal Register Volume 83, Number 31 (Wednesday, February 14, 2018)]
[Notices]
[Pages 6718-6722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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