[Federal Register Volume 80, Number 28 (Wednesday, February 11, 2015)]
[Notices]
[Pages 7677-7678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-02810]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0022]


Parts and Accessories Necessary for Safe Operation; Exemption 
Renewal for KBC Companies, LLC d/b/a Innovative Electronics

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of renewal of exemption; request for comments.

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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) renews 
an exemption that allows commercial motor vehicle operators to use 
trailer-mounted electric brake controllers which monitor and actuate 
electric trailer brakes based on inertial forces developed in response 
to the braking action of the towing vehicle. The Agency has concluded 
that granting this exemption renewal to allow the use of trailer-
mounted electric brake controllers will maintain a level of safety that 
is equivalent to, or greater than, the level of safety achieved without 
the exemption. However, the Agency requests comments on this issue, 
especially from anyone who believes this standard will not be 
maintained.

DATES: This exemption is effective from February 11, 2015 through 
February 13, 2017.

FOR FURTHER INFORMATION CONTACT: Mr. Luke W. Loy, Vehicle and Roadside 
Operations Division, Office of Bus and Truck Standards and Operations, 
MC-PSV, (202) 366-0676, Federal Motor Carrier Safety Administration, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001.
    Docket: For access to the docket to read background documents or 
public comments submitted in response to previous notices concerning 
the exemption application, go to www.regulations.gov 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. The on-line Federal 
document management system is available 24 hours each day, 365 days 
each year. The docket number is listed at the beginning of this notice.

SUPPLEMENTARY INFORMATION:

Background

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant 
exemptions from certain parts of the Federal Motor Carrier Safety 
Regulations. 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 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). The decision of 
the Agency must be published in the Federal Register (49 CFR 
381.315(b)) with the reasons for denying or granting the application 
and, if granted, the name of the person or class of persons receiving 
the exemption, and the regulatory provision from which the exemption is 
granted. The notice must also specify the effective period and explain 
the terms and conditions of the exemption. The exemption may be renewed 
(49 CFR 381.300(b)).
    KBC Companies, LLC d/b/a Innovative Electronics has requested 
renewal of its exemption from 49 CFR 393.48 and 49 CFR 393.49 to allow 
commercial motor vehicle operators to tow trailers equipped with 
trailer-mounted electric brake controllers.

Basis for Renewing Exemption

    On February 10, 2011(76 FR 7623), FMCSA published a notice 
requesting public comment on Innovative Electronics, Inc.'s application 
for an exemption from certain requirements in 49 CFR 393.48 and 49 CFR 
393.49 to allow commercial motor vehicle operators to tow trailers 
equipped with trailer-mounted electric brake controllers. A correction 
was published on February 22, 2011 (76 FR 9853). After reviewing the 
public responses to the notice, the Agency granted the exemption on 
November 29, 2011 (76 FR 73763).
    Innovative Electronics, Inc. has applied for a renewal of the two-
year exemption. The FMCSA has determined preliminarily that it is 
appropriate to renew the exemption pending a review of public comments 
in response to the application for another two-year period, until 
February 13, 2017.
    FMCSA is not aware of any evidence showing that the use of trailer-
mounted electric brake controllers in compliance with the conditions of 
the original exemption has resulted in any degradation in safety. While 
trailer-mounted electric brake controllers are currently available for 
trailers not used for commercial purposes, renewing the exemption will 
allow rental companies to continue to rent trailers equipped with 
trailer-mounted electric brake controllers to commercial customers 
whose tow vehicles are not equipped with electric brake controllers. 
The Agency believes that extending the exemption for a period of two 
years will likely achieve a level of safety that is equivalent to, or 
greater than, the level of safety achieved without the exemption.

Terms and Conditions for the Exemption

    During the renewal period, motor carriers must continue to meet the 
requirements of Sec. Sec.  393.48(d) and 393.49(c) for hydraulic surge 
brakes, except that, for purposes of the exemption, those provisions 
shall have the following meaning, with ``surge brake'' replaced by 
``trailer-mounted electric brake controller.''

[[Page 7678]]

Sec.  393.48  Brakes to be operative.

* * * * *
    (d)(1) Trailer-mounted electric brake controllers are allowed on:
    (i) Any trailer with a gross vehicle weight rating (GVWR) of 12,000 
pounds or less, when its GVWR does not exceed 1.75 times the GVWR of 
the towing vehicle; and
    (ii) Any trailer with a GVWR greater than 12,000 pounds, but less 
than 20,001 pounds, when its GVWR does not exceed 1.25 times the GVWR 
of the towing vehicle.
    (2) The gross vehicle weight (GVW) of a trailer equipped with a 
trailer-mounted electric brake controller may be used instead of its 
GVWR to calculate compliance with the weight ratios specified in 
paragraph (d)(1) of this section when the trailer manufacturer's GVWR 
label is missing.
    (3) The GVW of a trailer equipped with a trailer-mounted electric 
brake controller must be used to calculate compliance with the weight 
ratios specified in paragraph (d)(1) of this section when the trailer's 
GVW exceeds its GVWR.
    (4) The trailer equipped with a trailer-mounted electric brake 
controller must meet the requirements of Sec.  393.40.


Sec.  393.49  Control valves for brakes.

* * * * *
    (c) Trailer-mounted electric brake controller exception. This 
requirement is not applicable to trailers equipped with trailer-mounted 
electric brake controllers that satisfy the conditions specified in 
393.48(d).
    The exemption will be valid for two 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 objectives 
of 49 U.S.C. 31136(e) and 31315.

Request for Comments

    FMCSA requests comments from parties with data concerning the 
safety record of motor carriers utilizing trailer-mounted electric 
brake controllers, in accordance with the conditions of the original 
exemption, by March 13, 2015. The Agency will evaluate any adverse 
evidence submitted and, if safety is being compromised or if 
continuation of the exemption would not be consistent with the goals 
and objectives of 49 U.S.C. 31136(e) and 31315(b)(1), FMCSA will take 
immediate steps to revoke the exemption.

Preemption

    During the period the exemption is in effect, no State shall 
enforce any law or regulation that conflicts with or is inconsistent 
with this exemption to allow commercial motor vehicle operators to use 
trailer-mounted electric brake controllers which monitor and actuate 
electric trailer brakes based on inertial forces developed in response 
to the braking action of the towing vehicle.

    Issued On: January 30, 2015.
T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2015-02810 Filed 2-10-15; 8:45 am]
BILLING CODE 4910-EX-P