Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Laydon Composites Ltd.

James A. Mullen
Federal Motor Carrier Safety Administration
18 May 2020

[Federal Register Volume 85, Number 96 (Monday, May 18, 2020)]
[Notices]
[Pages 29784-29787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10593]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0070]


Parts and Accessories Necessary for Safe Operation; Application 
for an Exemption From Laydon Composites Ltd.

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

ACTION: Notice of final disposition; grant of application for 
exemption.

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SUMMARY: The FMCSA announces its decision to grant Laydon Composites 
Ltd.'s (Laydon) application for a limited 5-year exemption to allow 
motor carriers to operate certain commercial motor vehicles (CMVs) that 
are equipped with Laydon's OptiTail\TM\ aerodynamic device with rear 
identification lamps and rear clearance lamps that are mounted lower 
than currently permitted by the Agency's regulations. 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: Jos[eacute] Cestero, Vehicle and 
Roadside Operations Division, Office of Carrier,

[[Page 29785]]

Driver & Vehicle Safety Standards, 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)).

Laydon's Application for Exemption

    Laydon, on behalf of motor carriers utilizing its OptiTail\TM\ 
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 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 must be 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, and both of these lamps must be on the same 
level and as high as practicable.
    Laydon is wholly owned by WABCO Europe BVBA (i.e., private company 
with limited liability), with headquarters in Brussels, Belgium. Laydon 
and WABCO have developed a collapsible boat tail technology for 
trailers which improves the overall tractor trailer aerodynamic 
efficiency. Both OptiTail\TM\ options, the fully automatic and manual 
versions, currently are installed on the rear doors of a CMV trailer 
with the upper panels below the trailer's identification and clearance 
lamps. Laydon notes that installing the upper panels below the 
identification lights--about 1.25 to 3 inches below the trailer roof--
is not the ideal aerodynamic condition, and that the upper panels could 
yield better aerodynamic flow characteristics if they were mounted 
flush with the trailer roof. However, mounting the upper panel of the 
OptiTail\TM\ system flush with the roof will block full view of the 
trailer identification and clearance lights, in violation of section 
393.11 of the FMCSRs.
    Laydon is requesting the exemption to allow trailers using its 
OptiTail\TM\ system to have the required identification and clearance 
lights mounted lower than currently permitted, at the same location 
required for flatbed trailers and intermodal chassis. Laydon states 
that while it has conducted (1) computer simulation analysis, (2) 
scaled wind tunnel testing, and (3) full scale environmental testing of 
the flush roof mounted configuration, the temporary exemption is 
necessary to complete actual performance testing in full environmental 
conditions by various fleet operators located in multiple areas of the 
U.S. with different standard travel routes.
    In its application, Laydon states:

    The safety impact of the proposed 49 CFR 393.11 exemption would 
be similar to existing CMVs already in operation, provided the 
relocation or addition of lower level identification and clearance 
lamps are installed on the CMV. Assuming additional lamps are 
installed lower on the trailer and just not relocated, the improved 
OptiTail\TM\, auto version (AutoTail), would still have the existing 
centerline identification lamp and both clearance lamps visible when 
the trailer is traveling at slow speeds. Our AutoTail is self-
deploying and self-retracting. The AutoTail will remain retracted 
until the tractor reaches a speed of approximately 40 mph and remain 
open until the tractor reduces speed to approximately 6 mph. The 
AutoTail will continue to remain closed as long as the trailer does 
not exceed 40 mph. As a result, the current centerline 
identification and clearance lights would be visible when the 
tractor trailer is stopped at a traffic light or other slow speed 
road condition. We are not advocating that this is sufficient to 
allow the exemption without additional clearance and identification 
lamps installed lower on the trailer. All CMV trailers have 
conspicuity materials installed across the width of the trailer. 
These reflex reflectors will still be visible with the OptiTail\TM\ 
deployed or retracted. Both the two clearance and three 
identification lights should be relocated or additionally added to 
the approximate horizontal plane with other rear lamps. These are 
generally regarded as the brake and running lamps. This location is 
the same as found on some CMVs, such as flatbed trailers, with or 
without ``curtain sides'' and intermodal chassis trailers.

    Laydon states that without the exemption, it will be unable to 
establish and verify the maximum fuel economy and environmental impacts 
of the OptiTailTM system, which could have long-term impacts 
on meeting future greenhouse gas or California Air Resources Board fuel 
economy requirements.

Comments

    On March 28, 2019, FMCSA published a notice of the Laydon 
application (84 FR 11858). The Agency received one anonymous comment 
that was not relevant to the exemption application.

FMCSA Analysis

    FMCSA agrees that it is important for motorists to be able readily 
to distinguish large trucks and trailers from other 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

[[Page 29786]]

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 them with the longest sight 
preview possible. On February 5, 2003, the National Highway Traffic 
Safety Administration (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, the three identification lamps are not 
the only means by which drivers 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 as practicable to a position 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 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.
    It is important to note that Laydon is proposing that the required 
clearance and identification lights be relocated lower on vehicles 
using the aerodynamic devices, and is not simply requesting an 
exemption from 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 reasons. First, as Laydon 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 way 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 Laydon's aerodynamic devices will pose an 
unreasonable risk, especially given the conspicuity requirements 
discussed above. Second, S6.2.2 of FMVSS No. 108 directly addresses 
vehicle designs when required lamps or reflective devices are obscured 
by motor vehicle equipment such as ``mirrors, snow plows, wrecker 
booms, backhoes, winches,'' and also including Laydon'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[s] all applicable requirements of this standard, 
including photometry and visibility.'' This is exactly what Laydon is 
proposing to do--to install the same clearance and identification 
lamps, but in a lower position on the vehicle.
    Some fleets and small-scale operators may not have the technical 
expertise to move the identification and clearance lamps to a lower 
position. FMCSA notes, however, 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)), and this includes the terms and 
conditions of this temporary exemption. As such, if a motor carrier 
chooses to use Laydon's device, it must ensure that the required lights 
are properly moved and are fully operational at all times.
    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, 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 Laydon'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 Laydon exemption application. 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 likely maintain a level of safety 
that is equivalent to, or greater than, the level of safety achieved 
without the exemption. Granting the exemption will also be consistent 
with the Agency's February 14, 2018, decision to grant an exemption for 
motor carriers using a similar aerodynamic device manufactured by 
STEMCO LP (83 FR 6718).

Terms and Conditions for the Exemption

    The Agency hereby grants the exemption for a five-year period,

[[Page 29787]]

beginning May 18, 2020 and ending May 19, 2025. During the temporary 
exemption period, motor carriers will be allowed to mount Laydon's 
OptiTail\TM\ 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 five 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 Laydon's 
OptiTail\TM\ 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 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.

 James A. Mullen,
Acting Administrator.
[FR Doc. 2020-10593 Filed 5-15-20; 8:45 am]
 BILLING CODE 4910-EX-P