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Parts and Accessories Necessary for Safe Operation; Exemption Application From Brent Higgins Trucking, Inc. Publication: Federal Register Agency: Federal Motor Carrier Safety Administration Byline: Larry W. Minor Date: 1 February 2023 Subjects: American Government  , Safety, Trucking
Topics: Brent Higgins Trucking, Intellistop |
[Federal Register Volume 88, Number 21 (Wednesday, February 1, 2023)]
[Notices]
[Pages 6811-6812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02052]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2022-0240]
Parts and Accessories Necessary for Safe Operation; Exemption
Application From Brent Higgins Trucking, 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 Brent Higgins Trucking, Inc.'s (Higgins)
application for an exemption from the requirement that lighting devices
be steady burning. The exemption would allow the company to operate
commercial motor vehicles (CMVs) equipped with a module manufactured by
Intellistop, Inc. (Intellistop) which pulses the rear clearance,
identification, and brake lamps from low-level lighting intensity to
high-level lighting intensity 4 times in 2 seconds when the brakes are
applied. FMCSA requests public comment on the applicant's request for
exemption.
DATES: Comments must be received on or before March 3, 2023.
ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Number FMCSA-2022-0240 by any of the following
methods:
Federal eRulemaking Portal: www.regulations.gov. See the
Public Participation and Request for Comments section below for further
information.
Mail: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m.
E.T., Monday through Friday, except Federal holidays.
Fax: (202) 493-2251.
Each submission must include the Agency name and the docket number
(FMCSA-2022-0240) for this notice. Note that DOT posts all comments
received without change to www.regulations.gov, including any personal
information included in a comment. Please see the Privacy Act heading
below.
Docket: For access to the docket to read background documents or
comments, 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. To be sure someone is there to help you,
please call (202) 366-9317 or (202) 366-9826 before visiting Dockets
Operations.
Privacy Act: In accordance with 49 U.S.C. 31315(b), DOT solicits
comments from the public to better inform its exemption 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
https://www.transportation.gov/privacy, the comments are searchable by
the name of the submitter.
FOR FURTHER INFORMATION CONTACT: Mr. Jos[eacute] R. Cestero, Vehicle
and Roadside Operations Division, Office of Carrier, Driver, and
Vehicle Safety, FMCSA, at (202) 366-5541, or by email at
jose.cestero@dot.gov.
If you have questions on viewing or submitting material to the
docket, contact Dockets Operations at (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for Comments
FMCSA encourages you to participate by submitting comments and
related materials.
Submitting Comments
If you submit a comment, please include the docket number for this
notice (FMCSA-2022-0240), indicate the specific section of this
document to which the comment applies, and provide a reason for
suggestions or recommendations. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so the Agency can contact you if it has questions
regarding your submission.
To submit your comment online, go to www.regulations.gov and put
the docket number ``FMCSA-2022-0240'' in the keyword box, and click
``Search.'' Next, sort the results by ``Posted (Newer-Older),'' choose
the first notice listed, click the ``Comment'' button, and type your
comment into the text box on the following screen. Choose whether you
are submitting your comment as an individual or on behalf of a third
party and then submit. If you submit your comments by mail or hand
delivery, submit them in an unbound format, no larger than 8\1/2\ by 11
inches, suitable for copying and electronic filing. If you submit
comments by mail and would like to know that they reached the facility,
please enclose a stamped, self-addressed postcard or envelope. FMCSA
will consider all comments and material received during the comment
period.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant
exemptions from 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 an
opportunity to inspect the information relevant to the application,
including any safety analyses that have been conducted. The Agency must
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 Agency must
publish its decision 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 specify the effective period and explain the terms and
conditions of the exemption. The exemption may be renewed (49 CFR
381.300(b)).
III. Higgins' Request
Higgins seeks an exemption from the requirement in 49 CFR 393.25(e)
that all exterior lamps (both required lamps and any additional lamps)
be steady-burning, except for turn signal lamps, hazard warning signal
lamps, school bus warning lamps, amber warning lamps or flashing
warning lamps on tow trucks and CMVs transporting oversized loads, and
warning lamps on emergency and service vehicles authorized by State or
local authorities.
Higgins asserts that using the Intellistop module, which pulses the
rear clearance, identification, and brake
[[Page 6812]]
lamps from a low-level lighting intensity to a high-level lighting
intensity 4 times in 2 seconds when the brakes are applied rather than
providing steady burning lamps during the first 2 seconds, would
enhance rear signal systems. Higgins submits that pulsing the rear
brake lamps of a CMV may significantly increase visibility and reduce
the frequency of rear-end crashes, and thus would maintain a level of
safety that is equivalent to, or greater than, the level that the CMV
would achieve without the requested exemption.
On October 7, 2022 (87 FR 61133), FMCSA denied Intellistop's
application for an industry-wide exemption to allow all motor carriers
to operate commercial motor vehicles (CMVs) equipped with Intellistop's
module. FMCSA noted that the decision did not preclude individual motor
carriers from seeking an exemption from 49 CFR 393.25(e) to purchase,
install, and use Intellistop's device subject to terms and conditions
to allow sufficient monitoring of the use of the device. Therefore,
consistent with the October 7, 2022, decision, the Agency seeks public
comment on Higgins' carrier-specific exemption application.
A copy of Higgins' application is included in the docket referenced
at the beginning of this notice.
IV. Request for Comments
In accordance with 49 U.S.C. 31315(b), FMCSA requests public
comment from all interested persons on Higgins' application for a five-
year exemption from 49 CFR 393.25(e) to allow it to operate CMVs
equipped with Intellistop's module which pulses the rear clearance,
identification and brake lamps from low-level lighting intensity to
high-level lighting intensity 4 times in 2 seconds when the brakes are
applied.
All comments received before the close of business on the comment
closing date 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 may 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. 2023-02052 Filed 1-31-23; 8:45 am]
BILLING CODE 4910-EX-P