Notice2022-12739
Parts and Accessories Necessary for Safe Operation; Exemption Renewal for the International Institute of Towing and Recovery
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 14, 2022
Effective
May 17, 2022
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces its decision to provisionally renew the International Institute of Towing and Recovery's (IITR) exemption to allow commercial motor vehicle (CMV) operators to secure automobiles, light trucks, and vans using a total of four tiedowns--two fixed and two adjustable--instead of two tiedowns, both of which need to be adjustable. The exemption renewal is for 5 years.
Full Text
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<title>Federal Register, Volume 87 Issue 114 (Tuesday, June 14, 2022)</title>
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[Federal Register Volume 87, Number 114 (Tuesday, June 14, 2022)]
[Notices]
[Pages 36032-36034]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12739]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2016-0111]
Parts and Accessories Necessary for Safe Operation; Exemption
Renewal for the International Institute of Towing and Recovery
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of provisional renewal of exemption; request for
comments.
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SUMMARY: FMCSA announces its decision to provisionally renew the
International Institute of Towing and Recovery's (IITR) exemption to
allow commercial motor vehicle (CMV) operators to secure automobiles,
light trucks, and vans using a total of four tiedowns--two fixed and
two adjustable--instead of two tiedowns, both of which need to be
adjustable. The exemption renewal is for 5 years.
DATES: This renewed exemption is effective May 17, 2022, through May
17, 2027. Comments must be received on or before July 14, 2022.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2016-0111 using any of the
following methods:
<bullet> Federal eRulemaking Portal: <a href="http://www.regulations.gov">www.regulations.gov</a>. See the
Public Participation and Request for Comments section below for further
information.
<bullet> Mail: Docket Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
<bullet> Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m., ET,
Monday through Friday, except Federal holidays.
<bullet> Fax: (202) 493-2251.
Each submission must include the Agency name and the docket number
for this notice (FMCSA-2016-0111). Note that DOT posts all comments
received without change to <a href="http://www.regulations.gov">www.regulations.gov</a>, including any personal
information included in a comment. Please see the Privacy heading
below.
Docket: For access to the docket to read background documents or
comments, go to <a href="http://www.regulations.gov">www.regulations.gov</a> 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: In accordance with 49 U.S.C. 31315(b)(6), 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 <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>.
[[Page 36033]]
FOR FURTHER INFORMATION CONTACT: Mr. Luke W. Loy, Vehicle and Roadside
Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC-
PSV, (202) 366-0676 or by email at <a href="/cdn-cgi/l/email-protection#8ec3cddeddd8ceeae1faa0e9e1f8"><span class="__cf_email__" data-cfemail="f3beb0a3a0a5b3979c87dd949c85">[email protected]</span></a>, Federal Motor Carrier
Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-
0001.
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-2016-0111), 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 <a href="http://www.regulations.gov">www.regulations.gov</a> and put
the docket number, ``FMCSA-2016-0111'' in the ``Keyword'' box, and
click ``Search.'' When the new screen appears, click on the ``Comment
Now!'' button and type your comment into the text box in 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)(2) and 49
CFR 381.300(b) to renew an exemption from the Federal Motor Carrier
Safety Regulations (FMCSRs) for a 5-year period if it finds ``such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption.''
III. Background
IITR has requested a 5-year extension of the current exemption from
49 CFR 393.112 to allow tow truck companies and operators of car-
carrier type tow trucks to secure automobiles, light trucks and vans
using a total of four tiedowns--two fixed and two adjustable--instead
of two tiedowns, both of which need to be adjustable. Copies of the
current exemption application, comments, and the Agency's previous
decision can be found in Docket No. FMCSA-2016-0111.
Current Regulatory Requirements
Section 393.112 of the FMCSRs requires that ``[e]ach tiedown, or
its associated connectors, or its attachment mechanisms must be
designed, constructed, and maintained so the driver of an in-transit
commercial motor vehicle can tighten them. . . .'' Section 393.128
requires that ``[a]utomobiles, light trucks, and vans must be
restrained at both the front and rear to prevent lateral, forward,
rearward, and vertical movement using a minimum of two tiedowns.''
Original Exemption
In its original exemption application, IITR noted that the towing
industry had adopted a securement method for light vehicles whereby two
non-adjustable tiedowns are attached to the rear of disabled vehicle,
and then ``snugged up or adjusted by using the winch to remove any
slack in the chains.'' Two adjustable chains are used to secure the
front of the disabled vehicle to the transport vehicle, and ``as the
front binder or ratchet is tightened up, it not only tightens up the
front tiedown chain but the rear tiedown chain as well.'' IITR stated
that this securement system will prevent any lateral, forward,
rearward, and vertical movement of the disabled vehicle, and that the
four-point tiedown system exceeds the minimum tiedown requirements
specified in the FMCRs.
On May 15, 2017, following notice and comment, FMCSA granted IITR's
exemption request for a 5-year period (82 FR 22372). In its decision,
FMCSA noted that the current regulatory requirements did not prohibit
the use of the four-tiedown system to restrain automobiles, light
trucks, and vans. Instead, the regulations require a minimum of two
tiedowns, both of which must be adjustable. Six commenters supported,
and none opposed, the IITR application.
In granting the exemption, FMCSA agreed with the commenters that
the use of a four-point tiedown system consisting of two fixed tiedowns
and two adjustable tiedowns would likely provide a level of safety that
is equivalent to or greater than a system that uses only two adjustable
tiedowns. FMCSA further noted that:
In the configuration described in the application, tensioning of
the adjustable tiedowns on one end of the load via binders, ratches,
a winch, or the tilt of the vehicle bed will in turn provide a
controlled tensioning of the other, fixed tiedowns. The use of the
four tiedowns in this manner will provide restraint of the
transported vehicle in the lateral, longitudinal and vertical
direction as required by section 393.128(b)(1) of the FMCSRs.
Finally, FMCSA noted that in addition to the cargo securement
requirements in part 393:
[S]ection 392.9(b)(2) of the FMCSRs requires every driver to inspect
the cargo and the devices used to secure the cargo within the first
50 miles after beginning a trip and make adjustments to the cargo or
load securement devices as necessary--including adding more
securement devices--to ensure that the cargo cannot shift on or
within or fall from the CMV. Further, section 392.9(b)(3) of the
FMCSRs requires every driver to reexamine the cargo and its load
securement devices during the course of the transportation and make
any necessary adjustment whenever (1) the driver makes a change of
duty status, (2) the CMV has been driven for 3 hours, or (3) the CMV
has been driven for 150 miles, whichever occurs first.
Based on these considerations, FMCSA found that IITR's application
had ``demonstrated that allowing the use of four tiedowns, two of which
are adjustable, to secure automobiles, light trucks and vans will
prevent against lateral, forward, rearward, and vertical motion as
required by 49 CFR 393.128.'' Thus, FMCSA concluded that IITR had
demonstrated that the configuration maintained a level of safety
equivalent to, or greater than, the level of safety achieved without
the exemption. In granting the exemption, FMCSA also notified the
public that interested parties ``possessing information that would
demonstrate that motor carriers who use two non-adjustable tiedowns in
addition to the two required adjustable tiedowns are not achieving the
requisite statutory level of safety should immediately notify FMCSA.''
During the period the exemption has been in effect, FMCSA has not
received any notification that companies operating under the exemption
have failed to achieve the equivalent level of safety.
Application for Renewal of Exemption
In its renewal application, IITR reiterated the previous statements
in support of its original exemption
[[Page 36034]]
request. IITR further noted that the process authorized under the
previous exemption is currently used by the industry as the standard
method for securing light vehicles being towed and notes that ``the
practice allows for an efficient four-point cargo system that is more
stringent than the two-point minimum system required by 49 CFR
393.128.''
IV. Equivalent Level of Safety Analysis
FMCSA is not aware of any evidence showing that allowing the use of
four tiedowns, at least two of which are adjustable, to secure
automobiles, light trucks, and vans to prevent against lateral,
forward, rearward, and vertical motion as required by 49 CFR 393.128 in
accordance with the conditions of the original exemption, has resulted
in any degradation in safety. The Agency believes that extending the
exemption for a period of five years, on the terms and conditions set
forth in this exemption renewal decision, will likely achieve a level
of safety that is equivalent to, or greater than the level achieved by
a cargo securement system that uses two adjustable tiedowns when the
cargo securement system meets all of the aggregate working load limit
requirements of 49 CFR 393.106(d).
V. Exemption Renewal Decision
A. Grant of Exemption
FMCSA provisionally renews the exemption for a period of five years
subject to the terms and conditions of this decision and the absence of
public comments that would cause the Agency to terminate the exemption
as specified in this section. The exemption from the requirements of 49
CFR 393.112 is otherwise effective from May 17, 2022, through May 17,
2027, 11:59 p.m. EST, unless renewed or terminated earlier.
B. Applicability of Exemption
The exemption is restricted to towing companies and operators of
car carrier type tow trucks that transport and are securing
automobiles, light trucks, and vans using a total of four tiedowns--two
fixed and two adjustable--instead of using a minimum of two tiedowns,
both of which need to be adjustable.
C. Terms and Conditions
Drivers operating under the exemption must comply with all other
applicable FMCRS (49 CFR 350-399).
D. 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.
E. Termination
The exemption will be valid for five years unless rescinded earlier
by FMCSA. The exemption will be rescinded if: (1) motor carriers and/or
commercial motor vehicles 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 objects of
49 U.S.C. 31136(e) and 31315.
Interested parties possessing information that would demonstrate
that companies operating under this exemption are not achieving the
requisite statutory level of safety should immediately notify FMCSA.
Such information may be reported via email to <a href="/cdn-cgi/l/email-protection#135e5043404553777c673d747c65"><span class="__cf_email__" data-cfemail="fdb0beadaeabbd999289d39a928b">[email protected]</span></a>. 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
U.S.C. 31136(e) and 31315(b), will take immediate steps to revoke the
exemption.
VI. Request for Comments
FMCSA requests public comment from all interested persons on
FMCSA's decision to provisionally renew this exemption. 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 Address 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 practical. 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.
Robin Hutcheson,
Deputy Administrator.
[FR Doc. 2022-12739 Filed 6-13-22; 8:45 am]
BILLING CODE 4910-EX-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.