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Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Pi Variables, Inc. Publication: Federal Register Agency: Federal Motor Carrier Safety Administration Byline: Larry W. Minor Date: 18 February 2022 Subjects: American Government  , Safety
Topic: Pi-Lit |
[Federal Register Volume 87, Number 34 (Friday, February 18, 2022)]
[Notices]
[Pages 9419-9420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03568]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2021-0187]
Parts and Accessories Necessary for Safe Operation; Application
for an Exemption From Pi Variables, Inc.
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of application for exemption; request for comments.
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SUMMARY: FMCSA requests public comment on an application for exemption
from Pi Variables, Inc. (Pi Variables) to allow sequential flashing
light emitting diode (LED) flare warning devices to be deployed when
CMVs are stopped upon the traveled portion of a highway or the shoulder
of a highway for any cause other than necessary traffic stops.
DATES: Comments must be received on or before March 21, 2022.
ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2021-0187 using any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=FMCSA-2021-0187. Follow the online
instructions for submitting comments.
Mail: Docket 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: Dockets Operations, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, West Building,
Ground Floor, Room W12-140, Washington, DC 20590-0001, between 9 a.m.
and 5 p.m., 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.
Fax: (202) 493-2251.
FOR FURTHER INFORMATION CONTACT: Mr. Jos[eacute] R. Cestero, Vehicle
and Roadside Operations Division, Office of Carrier, Driver, and
Vehicle Safety, MC-PSV, (202) 366-5541, Federal Motor Carrier Safety
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.
If you have questions on viewing or submitting material to the docket,
call 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 2021-0187), indicate the specific section of this
document to which the comment applies, and provide a reason for each
suggestion or recommendation. 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 FMCSA can contact you if there are questions regarding your
submission.
To submit your comment online, go to www.regulations.gov/#!docketDetail;D=FMCSA-2021-0187, click on the ``Comment Now!'' 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.
Viewing Comments and Documents
To view comments, as well as any documents mentioned in this
preamble as being available in the docket, go to http://www.regulations.gov/#!docketDetail;D=FMCSA-2021-0187 and choose the
document to review. If you do not have access to the internet, you may
view the docket online by visiting Dockets Operations in Room W12-140
on the ground floor of the DOT West Building, 1200 New Jersey
[[Page 9420]]
Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., 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
DOT solicits comments from the public to better inform its
exemption process, in accordance with 5 U.S.C. 31315(b)(6). 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--Federal Docket Management System), which
can be reviewed at www.transportation.gov/privacy.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31315(b) to grant exemptions
from certain parts of the 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 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)).
Pi Variable's Application for Exemption
The Federal Motor Carrier Safety Regulations require one of the
following warning devices to be deployed when a CMV is stopped upon the
traveled portion of a highway or the shoulder of a highway for any
cause other than necessary traffic stops: (1) Three bidirectional
emergency reflective triangles that conform to the requirements of
Federal Motor Vehicle Safety Standard No. 125, Sec. 571.125 of this
title; or (2) At least 6 fusees or 3 liquid-burning flares. The vehicle
must have as many additional fusees or liquid-burning flares as are
necessary to satisfy the requirements of Sec. 392.22, (3) Other
warning devices may be used in addition to, but not in lieu of, the
required warning devices, provided those warning devices do not
decrease the effectiveness of the required warning devices. Pi
Variables has applied for an exemption from 49 CFR 393.95(f)(2) to
allow sequential flashing LED flare warning devices to be deployed in
lieu of fusees or liquid- burning flares A copy of the exemption
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 Pi Variable's application for an
exemption from 49 CFR 393.95(f)(2). 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. 2022-03568 Filed 2-17-22; 8:45 am]
BILLING CODE 4910-EX-P