Notice2024-27269
Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Coffeyville Resources Crude Transportation, USDOT#1236378
Primary source
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Published
November 21, 2024
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
The Federal Motor Carrier Safety Administration (FMCSA) requests public comment on an application from Coffeyville Resources Crude Transportation, USDOT No. 1236378, (Coffeyville) 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 225 (Thursday, November 21, 2024)</title>
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[Federal Register Volume 89, Number 225 (Thursday, November 21, 2024)]
[Notices]
[Pages 92274-92276]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-27269]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2024-0238]
Parts and Accessories Necessary for Safe Operation; Application
for an Exemption From Coffeyville Resources Crude Transportation,
USDOT#1236378
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation.
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 an application from Coffeyville Resources
Crude Transportation, USDOT No. 1236378, (Coffeyville) 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 December 23, 2024.
ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Number FMCSA-2024-0238 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,
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-2024-0238) 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.
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, 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="https://www.transportation.gov/privacy">https://www.transportation.gov/privacy</a>. The comments are posted without edit
and are searchable by the name of the submitter.
FOR FURTHER INFORMATION CONTACT: Mr. David Sutula, Vehicle and Roadside
Operations Division, Office of Carrier, Driver, and Vehicle Safety,
FMCSA, at (202) 366-9209, or by email at <a href="/cdn-cgi/l/email-protection#064b455655504662697228616970"><span class="__cf_email__" data-cfemail="89c4cad9dadfc9ede6fda7eee6ff">[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-2024-0238),
[[Page 92275]]
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="https://www.regulations.gov/docket/FMCSA-2024-0238/document">https://www.regulations.gov/docket/FMCSA-2024-0238/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#7416061d151a5a135a10151c181d1a34101b005a131b02"><span class="__cf_email__" data-cfemail="50322239313e7e377e3431383c393e10343f247e373f26">[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-2024-0238/document">https://www.regulations.gov/docket/FMCSA-2024-0238/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.
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 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. Coffeyville's Request
Coffeyville 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.
Coffeyville 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. Coffeyville 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 to allow all motor carriers to operate CMVs
equipped with Intellistop's module. (87 FR 61133.) 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
Coffeyville's carrier-specific exemption application.
A copy of Coffeyville'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 Coffeyville'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
[[Page 92276]]
persons should continue to examine the public docket for new material.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2024-27269 Filed 11-20-24; 8:45 am]
BILLING CODE 4910-EX-P
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