Notice2024-24574
Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Casey's Services Company, USDOT #162449
Primary source
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Published
October 23, 2024
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
The Federal Motor Carrier Safety Administration (FMCSA) requests public comment on the application from Casey's Services Company, USDOT No. 162449, (Casey) 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.
Full Text
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<title>Federal Register, Volume 89 Issue 205 (Wednesday, October 23, 2024)</title>
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[Federal Register Volume 89, Number 205 (Wednesday, October 23, 2024)]
[Notices]
[Pages 84667-84669]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-24574]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2024-0237]
Parts and Accessories Necessary for Safe Operation; Application
for an Exemption From Casey's Services Company, USDOT #162449
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 the application from Casey's Services
Company, USDOT No. 162449, (Casey) 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 November 22, 2024.
ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Number FMCSA-2024-0237 by any of the following
methods:
<bullet> Federal eRulemaking Portal: <a href="http://www.regulations.gov">www.regulations.gov</a>. Follow
the online instructions for submitting comments. See the Public
Participation and Request for Comments section below for further
information.
<bullet> Mail: Dockets 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.
E.T., Monday through Friday, except Federal holidays.
<bullet> Fax: (202) 493-2251.
Each submission must include the Agency name and the docket number
(FMCSA-2024-0237) for this notice. 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 Act 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 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.
FOR FURTHER INFORMATION CONTACT: Mr. David Sutula, Vehicle and Roadside
Operations Division, Office of Carrier, Driver, and Vehicle Safety,
FMCSA; (202) 366-9209; <a href="/cdn-cgi/l/email-protection#de939d8e8d889ebab1aaf0b9b1a8"><span class="__cf_email__" data-cfemail="c28f8192919482a6adb6eca5adb4">[email protected]</span></a>.
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
A. Submitting Comments
If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2024-0237), indicate the specific section of
this document to which your 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 that FMCSA can contact you if it has questions
regarding your submission.
To submit your comment online, go to <a href="http://www.regulations.gov/docket/FMCSA-2024-0237/document">http://www.regulations.gov/docket/FMCSA-2024-0237/document</a>, click on this notice, click
``Comment,'' and type your comment into the text box on 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.
FMCSA will consider all comments and material received during the
comment period. Comments received after the comment closing date will
be filed in the public docket and will be considered to the extent
practicable.
B. Confidential Business Information (CBI)
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (5 U.S.C. 552), CBI is exempt from public disclosure.
If your comments responsive to the notice contain commercial or
financial information that is customarily treated as private, that you
actually treat as private, and that is relevant or responsive to the
notice, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission that
constitutes CBI as ``PROPIN'' to indicate it contains proprietary
information. FMCSA will treat such marked submissions as confidential
under the Freedom of Information Act, and they will not be placed in
the public docket of the notice. Submissions containing CBI should be
sent to Brian Dahlin, Chief, Regulatory Evaluation Division, Office of
Policy, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001 or
via email at <a href="/cdn-cgi/l/email-protection#e785958e8689c980c983868f8b8e89a7838893c9808891"><span class="__cf_email__" data-cfemail="3e5c4c575f501059105a5f565257507e5a514a10595148">[email protected]</span></a>. At this time, you need not send a
duplicate hardcopy of your electronic CBI submissions to FMCSA
headquarters. Any comments FMCSA receives not specifically designated
as CBI will be placed in the public docket for this notice.
C. Viewing Comments and Documents
To view comments, as well as any documents mentioned in this
preamble as being available in the docket, go to <a href="https://www.regulations.gov/docket/FMCSA-2024-0237/document">https://www.regulations.gov/docket/FMCSA-2024-0237/document</a> and choose the
document to review. To view comments, click this notice, then click
``Browse Comments.'' If you do not have access to the internet, you may
view the docket online by visiting Docket Operations on the ground
floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington,
DC 20590-0001, 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.
D. Privacy
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its regulatory process. DOT posts these
comments, 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 (Federal Docket Management System (FDMS)), which can be reviewed
under the ``Department Wide System of Records Notices'' at <a href="https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices">https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices</a>. The comments are posted without edit and are searchable by the
name of the submitter.
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 the applicant's safety analysis. 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
[[Page 84669]]
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(a)). The Agency must publish its decision in
the Federal Register (49 CFR 381.315(b)). If granted, the notice will
identify the regulatory provision from which the applicant will be
exempt, the effective period, and all terms and conditions of the
exemption (49 CFR 381.315(c)(1)). If the exemption is denied, the
notice will explain the reason for the denial (49 CFR 381.315(c)(2)).
The exemption may be renewed (49 CFR 381.300(b)).
III. Casey's Request
Casey 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.
Casey asserts that using the Intellistop 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 rather than providing steady burning lamps
during the first 2 seconds, would enhance rear signal systems. Casey
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, FMCSA denied Intellistop's application for an
industry-wide exemption (87 FR 61133) to allow all motor carriers to
operate 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. Consistent with the
October 7, 2022, decision, the Agency seeks public comment on Casey's
carrier-specific exemption application.
A copy of Casey's 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 Casey's application for a five-
year exemption from 49 CFR 393.25(e) to allow the company 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. 2024-24574 Filed 10-22-24; 8:45 am]
BILLING CODE 4910-EX-P
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