[Federal Register Volume 88, Number 46 (Thursday, March 9, 2023)]
[Notices]
[Pages 14665-14666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04841]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2023-0071]


Parts and Accessories Necessary for Safe Operation; Exemption 
Application From Waymo LLC, and Aurora Operations, Inc.

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

ACTION: Notice of application for exemption; clarification of scope, 
and extension of comment period.

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SUMMARY: FMCSA clarifies its March 3, 2023, notice announcing an 
application from Waymo LLC (Waymo) and Aurora Operations, Inc. (Aurora) 
for a 5-year exemption from the required placement of warning devices 
around stopped commercial motor vehicles (CMVs); the requirement that 
lamps for warning devices be steady-burning; and to allow use of a 
warning device for stopped vehicles not currently allowed by Agency 
rules. FMCSA clarifies that the application was filed by Waymo and 
Aurora on behalf of a class of motor carriers operating autonomous 
driving systems (ADS) equipped CMVs and is not limited to Waymo or 
Aurora. The Agency also extends the public comment period on the 
request for an exemption.

DATES: Comments must be received on or before April 10, 2023.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Number FMCSA-2023-0071 by any of the following 
methods:
     Federal eRulemaking Portal: www.regulations.gov. See the 
Public Participation and Request for Comments section below for further 
information.
     Mail: Dockets Operations, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     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.
     Fax: (202) 493-2251.
    Each submission must include the Agency name and the docket number 
(FMCSA-2023-0071) for this notice. Note that DOT posts all comments 
received without change to www.regulations.gov, 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 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. 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, 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 
https://www.transportation.gov/privacy, the comments are searchable by 
the name of the submitter.

FOR FURTHER INFORMATION CONTACT: Mr. Luke Loy, Vehicle and Roadside 
Operations Division; Office of Carrier, Driver and Vehicle Safety 
Standards, FMCSA, at (202) 366-0676 or [email protected]. 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

    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-2023-0071), 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 www.regulations.gov and put 
the docket number ``FMCSA-2023-0071'' in the keyword box, and click 
``Search.'' Next, sort the results by ``Posted (Newer-Older),'' choose 
the first notice listed, click the ``Comment'' button, and type your 
comment into the text box on the following screen. Choose whether you

[[Page 14666]]

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) 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 any safety analyses that have been conducted. 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). The Agency must 
publish its decision 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 specify the effective period and explain the terms and 
conditions of the exemption. The exemption may be renewed (49 CFR 
381.300(b)).

III. Applicant's Request

    Waymo and Aurora seek an exemption from the regulations that 
require specific placement of warning devices around a stopped CMV. 
Waymo and Aurora believe it is possible to achieve the safety purpose 
of the warning device in an alternative way by using forward- and 
rearward-facing amber flashing lights mounted on the cab at a height 
above the upper edge of the sideview mirrors. Waymo and Aurora each 
separately tested variants of such devices and have concluded that the 
use of the cab-mounted warning devices was equally or more effective in 
enabling road users to recognize and react to the potential hazard 
presented by the stopped CMV.
    Waymo and Aurora therefore request an exemption from the warning 
device placement requirements of 49 CFR 392.22(b), the utilization of a 
warning device that does not meet the steady-burning lamp requirement 
of 49 CFR 393.25(e), and the utilization of a warning device for 
stopped vehicles that is not currently identified in 49 CFR 393.95(f).
    The exemption sought would allow all motor carriers operating ADS-
equipped CMVs without a human on board (or with a human on board), when 
stopped upon the traveled portion or the shoulder of a highway for any 
cause other than necessary traffic stops, to use a warning system 
consisting of forward- and rearward-facing cab mounted flashing amber 
lamps mounted at a height above the upper edge of the sideview mirrors 
instead of the currently required warning devices placed around the 
CMV, as described in 49 CFR 392.22(b).
    A copy of Waymo/Aurora's application for exemption and supporting 
documentation is available for review in the docket for this notice.

IV. Request for Comments

    In accordance with 49 U.S.C. 31315(b), FMCSA requests public 
comment from all interested persons on the application. 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.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2023-04841 Filed 3-8-23; 8:45 am]
BILLING CODE 4910-EX-P