[Federal Register Volume 81, Number 188 (Wednesday, September 28, 2016)]
[Notices]
[Pages 66728-66730]
[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,

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,<PHONE_NUMBER>, 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

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


[Federal Register: March 5, 2009 (Volume 74, Number 42)]
[Notices]
[Page 9607]
[DOCID:fr05mr09-30]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2493-084-WA]

Puget Sound Energy, Inc.; Notice of Availability of Environmental
Assessment

February 27, 2009.
    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission's (Commission)
regulations, 18 CFR part 380 (Order No. 486, 52 FR 47879), the Office
of Energy Projects has reviewed the application for an amendment of
license for the Snoqualmie Falls Hydroelectric Project, located on the
Snoqualmie River in the City of Snoqualmie, King County, Washington,
and has prepared an environmental assessment (EA) on the proposed
amendment.
    A copy of the EA is on file with the Commission and is available
for public inspection. The EA may also be viewed on the Commission's
Web site at http://www.ferc.gov using the ``eLibrary'' link. Enter the
docket number excluding the last three digits in the docket number
field to access the document. For assistance, contact FERC Online
Support at<EMAIL_ADDRESS>or toll-free at 1-866-208-3676,
or for TTY,<PHONE_NUMBER>.
    Any comments should be filed within 30 days from the issuance date
of this notice, and should be addressed to the Secretary, Federal
Energy Regulatory Commission, 888 First Street, NE., Room 1-A,
Washington, DC 20426. Please reference the project name and project
number (Snoqualmie Falls Hydroelectric Project No. 2493-084) on all
comments. Comments may be filed electronically via the Internet in lieu
of paper. The Commission strongly encourages electronic filings. See 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site under the ``eFiling'' link. For further information, contact Linda
Stewart at<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
 [FR Doc. E9-4724 Filed 3-4-09; 8:45 am]

BILLING CODE 6717-01-P