[Federal Register Volume 81, Number 188 (Wednesday, September 28, 2016)]
[Notices]
[Pages 66728-66730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23358]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0111]


Parts and Accessories Necessary for Safe Operation; Application 
for an Exemption From the International Institute of Towing and 
Recovery

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 an application for exemption from the 
International Institute of Towing and Recovery (IITR) (on behalf of the 
Towing and Recovery Association of America (TRAA) and the towing and 
recovery industry) to allow commercial motor vehicle operators to 
secure 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. While the Federal 
Motor Carrier Safety Regulations (FMCSRs) require each tiedown, or its 
associated connectors or attachment mechanisms, to be adjustable, IITR 
believes that the use of four tiedowns instead of the two that are 
minimally required by the FMCSRs to secure automobiles, light trucks, 
and vans will maintain a level of safety that is equivalent to, or 
greater than, the level of safety achieved without the exemption even 
though two of the four tiedowns are not adjustable. IITR is requesting 
the temporary exemption in advance of petitioning FMCSA to conduct a 
rulemaking to amend 49 CFR 393.112.

DATES: Comments must be received on or before October 28, 2016.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2016-0111 using any of the 
following methods:
     Web site: http://www.regulations.gov. Follow the 
instructions for submitting comments on the Federal electronic docket 
site.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility, U.S. Department of 
Transportation,

[[Page 66729]]

Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: Ground Floor, Room W12-140, DOT Building, 
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m. 
e.t., Monday-Friday, except Federal holidays.
    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 http://www.regulations.gov, 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 http://www.regulations.gov or to Room W12-140, 
DOT Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.
    Public participation: The http://www.regulations.gov Web site 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 http://www.regulations.gov Web site as well as 
the DOT's http://docketsinfo.dot.gov Web site. 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: Mrs. Amina Fisher, Vehicle and 
Roadside Operations Division, Office of Carrier, Driver, and Vehicle 
Safety, MC-PSV, (202) 366-2782, Federal Motor Carrier Safety 
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

Background

    Section 4007 of the Transportation Equity Act for the 21st Century 
(TEA- 21) [Pub. L. 105-178, June 9, 1998, 112 Stat. 401] amended 49 
U.S.C. 31315 and 31136(e) to provide authority to grant exemptions from 
the Federal Motor Carrier Safety Regulations (FMCSRs). On August 20, 
2004, FMCSA published a final rule (69 FR 51589) implementing section 
4007. Under this rule, FMCSA must publish a notice of each exemption 
request in the Federal Register (49 CFR 381.315(a)). The Agency must 
provide the public with 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)).

IITR's Application for Exemption

    IITR has applied for an exemption from 49 CFR 393.112 to allow the 
use of two non-adjustable tiedowns in addition to the two adjustable 
tiedowns currently required. A copy of the application is included in 
the docket referenced at the beginning of this notice.
    Section 393.112 of the FMCSRs, ``Must a tiedown be adjustable?'' 
states ``Each 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, ``What are the rules for securing automobiles, light trucks 
and vans?'', states in paragraph (b)(1) that ``Automobiles, 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.''
    In its application, IITR states:

    The use of chains as a tiedown securement has been an industry 
standard for many years. While there are other methods of securement 
many operators believe that properly rated chains are the best 
option for securement of heavy loads. A tiedown chain is secured to 
the vehicle at one end of the load, adjusted for length and then 
dropped into a keyhole slot. Then at the other end of the vehicle, 
tiedowns are secured, and then the tension for the cargo securement 
is adjusted by using a chain binder ratchet assembly. Tightening one 
end of the assembly also tightens the other end.
    As an example of current industry practice, once the disabled 
vehicle has been winched forward onto the carrier bed a safety chain 
is installed to prevent rollback. Two tiedown chains are then 
attached to the rear of the disabled vehicle, dropped through two of 
the keyhole slots at the rear of the carrier bed, and snugged up or 
adjusted by using the winch to remove any slack in the chains. Then 
two chains or straps are attached and ratcheted to secure the front 
of the vehicle. Tightening the two front tiedowns subsequently 
tighten the two rear tiedowns.
    49 CFR 393.112 states that each 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. Looking at the definition 
of a tiedown and ``its associated connectors'' and the method by 
which a disabled vehicle is secured to the carrier bed, each chain 
or tiedown is completely adjustable. Specifically in the example 
above, when a chain is dropped into a keyhole slot the length of the 
chain is easily adjustable and the tension can be further adjusted 
by either the winch, tilt of the bed, or a chain binder or ratchet 
assembly--by tightening the front end of the tiedown assembly the 
rear is also tightened.
    As a further note, using only two chains as prescribed in 
393.128, one at the front and one at the rear, may not meet the 
cargo securement performance requirements of 0.8g as described in 
393.102, particularly in hard stop or crash situations.
    The towing and recovery industry faces the continuing challenge 
of operating in the safest and most expeditious manner. Following 
the current roadside enforcement interpretations of 393.112 and 
393.128 and how they are being enforced will push tow operators into 
using one chain on the front and one on the rear of the disabled 
vehicle, which the industry considers to be a ``shortcut''. Using 
only two chains in this manner could easily result in the disabled 
vehicle moving on the bed, leading to possible loss of control of 
the truck, leading to possible injuries and/or death.

    The exemption would apply to all car carrier-type tow trucks. IITR 
believes that using two non-adjustable tiedowns in addition to the two 
adjustable tiedowns minimally required will maintain a level of safety 
that is equivalent to, or greater than, the level of safety achieved 
without the exemption.

Request for Comments

    In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests 
public

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comment from all interested persons on IITR's application for an 
exemption from 49 CFR 393.112. 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 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.

    Issued on: September 15, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-23358 Filed 9-27-16; 8:45 am]
BILLING CODE 4910-EX-P