Notice2021-11639
Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Waste Management, Inc.
Primary source
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Published
June 3, 2021
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
The Federal Motor Carrier Safety Administration (FMCSA) requests public comment on Waste Management, Inc.'s (Waste Management) application for an exemption to allow all of its 106 operating companies to replace the high-mounted brake lights on their owned and operated fleets of heavy-duty refuse and support trucks with red or amber brake-activated pulsating lamps positioned in the upper center position, or in an upper dual outboard position, in addition to the steady burning brake lamps required by the Federal Motor Carrier Safety Regulations (FMCSRs).
Full Text
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<title>Federal Register, Volume 86 Issue 105 (Thursday, June 3, 2021)</title>
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[Federal Register Volume 86, Number 105 (Thursday, June 3, 2021)]
[Notices]
[Pages 29876-29877]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-11639]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-FMCSA-2021-0059]
Parts and Accessories Necessary for Safe Operation; Application
for an Exemption From Waste Management, 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 Waste Management, Inc.'s (Waste Management)
application for an exemption to allow all of its 106 operating
companies to replace the high-mounted brake lights on their owned and
operated fleets of heavy-duty refuse and support trucks with red or
amber brake-activated pulsating lamps positioned in the upper center
position, or in an upper dual outboard position, in addition to the
steady burning brake lamps required by the Federal Motor Carrier Safety
Regulations (FMCSRs).
DATES: Comments must be received on or before July 6, 2021.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2021-0059 using any of the
following methods:
<bullet> Website: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the
instructions for submitting comments on the Federal electronic docket
site.
<bullet> Fax: 1-202-493-2251.
<bullet> Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation, 1200 New Jersey Avenue SE, Room W12-140,
West Building Ground Floor, Washington, DC 20590-0001.
<bullet> Hand Delivery by Courier: Bring comments to Docket
Operations in Room W12-140 of the West Building Ground Floor, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, Washington,
DC, between 9 a.m. and 5 p.m. e.t., Monday-Friday, except Federal
holidays. To be sure someone is there to help you, please call (202)
366-9317 or (202) 366-9826 before visiting Docket Operations.
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 <a href="http://www.regulations.gov">http://www.regulations.gov</a>, 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a> or to Docket
Operations in Room W12-140, U.S. Department of Transportation, West
Building Ground Floor, 1200 New Jersey Avenue SE, Washington, DC,
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 Docket Operations.
Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its regulatory processes. DOT
posts these comments, without edit, including any personal information
the commenter provides, to <a href="http://www.regulations.gov">www.regulations.gov</a>, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
<a href="http://www.dot.gov/privacy">www.dot.gov/privacy</a>.
Public participation: The <a href="http://www.regulations.gov">http://www.regulations.gov</a> 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a> website as well as
the DOT's <a href="http://docketsinfo.dot.gov">http://docketsinfo.dot.gov</a> 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 W. Loy, Vehicle and Roadside
Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC-
PSV, Federal Motor Carrier Safety Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590-0001, (202) 366-0676, <a href="/cdn-cgi/l/email-protection#49253c222c67252630092d263d672e263f"><span class="__cf_email__" data-cfemail="7e120b151b501211073e1a110a50191108">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
[[Page 29877]]
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-2021-0059), 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 comments online, go to <a href="https://www.regulations/documents/FMCSA-2021-0059">https://www.regulations/documents/FMCSA-2021-0059</a>, click ``Comment,'' and type your comment
into the text box in the following screen.
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. 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)).
III. Waste Management's Application for Exemption
The FMCSRs require all exterior lamps (both required lamps and any
additional lamps) to 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 commercial motor
vehicles transporting oversized loads, and warning lamps on emergency
and service vehicles authorized by State or local authorities. Waste
Management has applied for an exemption from 49 CFR 393.25(e) to allow
all of its 106 operating companies to replace the rear high-mounted
brake lights with red or amber brake-activated pulsating lamps
positioned in the upper center position, or in an upper dual outboard
position, in addition to the steady burning brake lamps required by the
FMCSRs. A copy of the exemption 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)(6), FMCSA requests public
comment from all interested persons on Waste Management's application
for an exemption from 49 CFR 393.25(e). 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 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. 2021-11639 Filed 6-2-21; 8:45 am]
BILLING CODE 4910-EX-P
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