Parts and Accessories Necessary for Safe Operation; Application for an Exemption From National Tank Truck Carriers, Inc.

Topics:  National Tank Truck Carriers

Larry W. Minor
Federal Motor Carrier Safety Administration
2 April 2020

[Federal Register Volume 85, Number 64 (Thursday, April 2, 2020)]
[Notices]
[Page 18634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06887]



[[Page 18634]]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0260]


Parts and Accessories Necessary for Safe Operation; Application 
for an Exemption From National Tank Truck Carriers, Inc.

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

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

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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) 
requests public comment on an application for exemption from National 
Tank Truck Carriers, Inc. (NTTC) to allow motor carriers operating tank 
trailers to install a red or amber brake-activated pulsating lamp 
positioned in the upper center position or in an upper dual outboard 
position on the rear of the trailers in addition to the steady-burning 
brake lamps required by the Federal Motor Carrier Safety Regulations 
(FMCSR).

DATES: Comments must be received on or before May 4, 2020.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2019-0260 using any of the 
following methods:
     Website: 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: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking 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.
    Public participation: The http://www.regulations.gov website 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 website as well as 
the DOT's http://docketsinfo.dot.gov website. 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 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.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 CFR 381.315(a), FMCSA must publish a notice of each 
exemption request in the Federal Register. 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 5 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)).

NTTC Application for Exemption

    The FMCSRs require all exterior lamps (both required lamps and any 
additional lamps) to be steady-burning, with the exception of turn 
signal lamps, hazard warning signal lamps, school bus warning lamps, 
amber warning lamps or flashing warning lamps on tow trucks and 
commercial motor vehicles transporting oversized loads, and warning 
lamps on emergency and service vehicles authorized by State or local 
authorities. NTTC has applied for an exemption from 49 CFR 393.25(e) to 
allow motor carriers operating tank trailers to install a red or amber 
brake-activated pulsating lamp positioned in the upper center position 
or in an upper dual outboard position on the rear of the trailers in 
addition to the steady-burning brake lamps required by the FMCSRs. A 
copy of the application is included in the docket referenced at the 
beginning of this notice.

Request for Comments

    In accordance with 49 U.S.C. 31315(b)(6), FMCSA requests public 
comment from all interested persons on NTTC's application. 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.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020-06887 Filed 4-1-20; 8:45 am]
BILLING CODE 4910-EX-P