[Federal Register Volume 89, Number 204 (Tuesday, October 22, 2024)]
[Notices]
[Pages 84439-84441]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24326]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0090]


Parts and Accessories Necessary for Safe Operation; Exemption 
Renewal for Automobile Carriers Conference and Auto Haulers Association 
of America

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

ACTION: Notice of final disposition; renewal of exemption.

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SUMMARY: FMCSA announces its final decision to renew an exemption 
requested jointly by the Automobile Carriers Conference (ACC) of the 
American Trucking Associations and the Auto Haulers Association of 
America (AHAA) to relieve motor carriers operating stinger-steered 
automobile transporter equipment from the requirement to place warning 
flags on projecting loads of new and used motor vehicles. The Federal 
Motor Carrier Safety Regulations (FMCSRs) require any commercial motor 
vehicle (CMV) transporting a load which extends more than 4 feet beyond 
the rear of the vehicle be marked with a single red or orange 
fluorescent warning flag at the extreme rear if the projecting load is 
2 feet wide or less and two warning flags if the projecting load is 
wider than 2 feet. The exemption is renewed for 5 years, unless revoked 
earlier.

DATES: This renewed exemption is effective August 9, 2024, through 
February 15, 2029, unless revoked earlier. Comments must be received on 
or before November 21, 2024.

FOR FURTHER INFORMATION CONTACT: David Sutula, Vehicle and Roadside 
Operations Division, Office of Carrier, Driver, and Vehicle Safety, 
FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001; (202) 366-
9209; <a href="/cdn-cgi/l/email-protection#89c4cad9dadfc9ede6fda7eee6ff"><span class="__cf_email__" data-cfemail="d79a9487848197b3b8a3f9b0b8a1">[email protected]</span></a>. If you have questions on viewing material in the 
docket, call Dockets Operations at (202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Viewing Comments and Documents

    To view any documents mentioned as being available in the docket, 
go to https://www.regulations.gov/docket/FMCSA-2018-0090/document 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 Dockets 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.

B. Privacy

    In accordance with 49 U.S.C. 31315(b)(6), DOT solicits comments 
from the public to better inform its exemption process. DOT posts these 
comments, including any personal information the commenter provides, to 
www.regulations.gov as described in the system of records notice DOT/
ALL 14 (Federal Docket Management System (FDMS)), which can be reviewed 
at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices. The comments are posted without edit and are 
searchable by the name of the submitter.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b)(2) and 49 
CFR 381.300(b) to renew an exemption from the FMCSRs for subsequent 5-
year periods if it finds that such exemption would likely maintain a 
level of safety that is equivalent to, or greater than, the level that 
would be achieved by the current regulation (49 CFR 381.305(a)). ACC 
and AHAA have requested a 5-year extension of the current exemption.

III. Background

Current Regulatory Requirements

    FMCSA requires in Sec.  393.87 any CMV transporting a load which 
extends beyond the sides by more than 4 inches, or more than 4 feet 
beyond the rear, to have the extremities of the load marked with red or 
orange fluorescent warning flags. Each warning flag must be at least 18 
inches square. There must be a single flag at the extreme rear if the 
projecting load is 2 feet wide or less, and two warning flags are 
required if the projecting load is wider than 2 feet.\1\ The flags must 
be located to indicate the maximum width of loads which extend beyond 
the sides and/or rear of the vehicle.
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    \1\ In their renewal request, the applicants additionally asked 
for relief from 49 CFR 393.11, which requires ``lamps or reflective 
devices'' to be affixed to the rear of a load that extends more than 
4 feet beyond a trailer. Because this is a new request for 
exemption, FMCSA is not considering the request with the renewal of 
the current exemption. FMCSA will process that request separately.

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[[Page 84440]]

Original Exemption

    In its original exemption application, ACC requested an exemption 
from Sec.  393.87 for motor carriers operating stinger-steered 
automobile transporter equipment. A stinger-steered transporter has a 
fifth wheel hitch located on a drop frame behind and below the rear-
most axle of the power unit. It was noted that stinger-steered 
automobile transporters have been allowed to have a rear vehicular 
overhang of at least 6 feet since December 2015 (49 U.S.C. 
31111(b)(1)(G)). Previously, a minimum 4-foot rear overhang was allowed 
for all automobile transporters.
    ACC contended that adhering to flag requirements while transporting 
new motor vehicles posed a challenge to the vehicle industry. Vehicle 
manufacturers prohibit affixing flags or any items to their vehicles 
due to the potential for scratches and damage. Auto transporters tried 
to comply with the intent of Sec.  393.87 by attaching flags to the 
rear of their trailers. However, this effort did not adhere to the 
letter of the regulation and resulted in carriers receiving numerous 
citations for being in violation of the flag requirements.
    ACC emphasized that motor vehicles are the only commodity to be 
transported that must adhere to the requirements of Federal Motor 
Vehicle Safety Standard (FMVSS) No. 108, ``Lamps, reflective devices, 
and associated equipment,'' which has mandated since 1968 the use of 
side-facing reflex reflectors,\2\ amber reflectors at the front, and 
red reflectors at the rear of vehicles. ACC believed that these 
reflective devices, combined with the required lighting and conspicuity 
treatments on the trailers, adequately fulfill the intention of Sec.  
393.87 by notifying other motorists when a load extends more than 4 
feet beyond the rear of the trailer. Additionally, ACC noted that FMVSS 
No. 108 imposes specific performance criteria for these required 
reflectors, while no such performance requirements exist for the flags 
mandated by Sec.  393.87.
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    \2\ FMVSS No. 108 defines reflex reflectors as devices used on 
vehicles to give an indication to approaching drivers using 
reflected light from the lamps of the approaching vehicle (49 CFR 
571.108).
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    ACC pointed out that the population of automobile transporter 
vehicles is relatively small, comprising around 16,000 units, with 
stinger-steered vehicles being a subset of that population. ACC cited 
statistics showing that, following the enactment of the FAST Act which 
allowed 6 feet of overhang on the rear of the transporter, the 
frequency of rear-end collisions with auto transporters has been 
minuscule, with a rate of less than 0.05 percent.
    On February 15, 2019, following notice and consideration of the 
comments received, FMCSA determined that an exemption for motor 
carriers operating stinger-steered automobile transporters from the 
requirement to place warning flags on projecting loads of motor 
vehicles would likely maintain a level of safety that is equivalent to 
or greater than the level of safety that would be obtained by complying 
with Sec.  393.87 and granted ACC's exemption request for a 5-year 
period (84 FR 4602). In its decision, FMCSA stated that the transport 
of automobiles that are permitted, by statute, to extend up to 6 feet 
beyond the rearmost portion of a stinger-steered auto transporter is a 
unique situation as compared to the transportation of other items 
because automobiles extend across virtually the entire width of the 
transporter and are easily identifiable as automobiles to the motoring 
public. FMCSA stated further that this is especially true if the 
rearmost automobile being transported faces the front of the auto 
transporter, as the rear of the automobile is required to be equipped 
with two reflex reflectors located as far apart as practicable, which 
meet the photometric requirements specified in FMVSS No. 108. To the 
contrary, Sec.  393.87 requires extending loads be marked with red or 
orange fluorescent warning flags, but does not impose any specific 
photometric requirements for these flags, i.e., required level of 
visibility from a certain distance, etc. While FMVSS No. 108 does not 
require the front of automobiles to be equipped with reflex reflectors, 
FMCSA noted that even if the rearmost automobile being transported is 
facing the rear of the auto transporter, oncoming motorists will easily 
identify the extending load as an automobile that extends across the 
full width of the auto transporter.

Application for Renewal of Exemption

    In the renewal application, ACC and AHAA stated that since the 
granting of the exemption in 2019, they are unaware of any events that 
suggest the exemption has resulted in a lower level of safety than 
would be achieved by complying with Sec.  393.87 or that the exemption 
has jeopardized public safety in any way. They also requested that 
FMCSA clarify that the exemption applies to transportation of both new 
and used vehicles. ACC and AHAA stated it is their view that the 
exemption granted for transportation of ``motor vehicles'' already 
includes new and used vehicles; however, not everyone in CMV 
enforcement agrees with their interpretation. A copy of the request to 
renew the exemption is available in the docket.

IV. Provisional Renewal of Exemption

    On February 21, 2024, after review of ACC's renewal application, 
FMCSA published its decision to provisionally grant a (6) month renewal 
of the exemption effective February 15, 2024, through August 9, 2024, 
and requested public comment (89 FR 14126). The Agency makes that 
renewal final for the remainder of the five-year period.
    Today's notice supersedes the February 21, 2024, and finalizes the 
provisionally granted five-year exemption, through February 15, 2029.

V. Public Comments

    Two comments were submitted to the docket, both supporting the 
renewal of the exemption. Nationwide Auto Transport, Inc. expressed 
gratitude for delaying further regulation, seeing it as a relief for 
the already overburdened industry. US Auto Logistics, LLC appreciated 
the six-month extension of the warning flag waiver, noting its positive 
impact on commerce and the people involved.

VI. Agency Decision

    FMCSA is not aware of any evidence indicating that providing relief 
to motor carriers operating stinger-steered automobile transporter 
equipment from the requirement to place warning flags on projecting 
loads of new and used motor vehicles in accordance with the conditions 
of the original exemption has resulted in any degradation in safety. 
ACC and AHAA are also unaware of any events that suggest the exemption 
has resulted in a lower level of safety than would be maintained by 
complying with Sec.  393.87. The Agency, however, is continuing to 
analyze crash data to better assess the safety of this exemption. 
Therefore, for the reasons discussed above and in the prior notice 
granting the original exemption request, FMCSA concludes that renewing 
the exemption granted on February 15, 2019, for the remainder of the 
five-year period, on the terms and conditions set forth in this 
exemption renewal decision, would likely maintain a level of safety 
that is equivalent to, or greater than, the level of safety achieved 
without the exemption.

VII. Exemption Decision

A. Grant of Exemption

    FMCSA renews the exemption for four (4) years and six (6) months 
subject to the terms and conditions of this decision. The exemption 
from the requirements of 49 CFR 393.87 is

[[Page 84441]]

otherwise effective August 9, 2024, through February 15, 2029, 11:59 
p.m. local time, unless revoked.

B. Applicability of Exemption

    During the temporary exemption period, motor carriers operating 
stinger-steered automobile transporter equipment are exempt from the 
requirements of Sec.  393.87 to place warning flags on loads of new or 
used motor vehicles that project up to 6 feet from the rear of the 
stinger-steered automobile transporter. The Agency encourages drivers 
to keep an electronic or hard copy of the renewal exemption with them 
or in the CMV.

C. Terms and Conditions

    1. This exemption is limited to stinger-steered automobile 
transporter equipment and the transport of new or used motor vehicles. 
It does not apply to any other type of transporter equipment or other 
types of projecting or oversized loads.
    2. Motor carriers operating under this exemption involved in any 
crash to the rear end of the stinger-steered automobile transporter 
equipment during the transport of new or used motor vehicles must 
notify FMCSA within 7 business days of the crash by email at 
<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="96dbd5c6c5c0d6d2d9c2b8d1d9c0">[email protected]</a>, even if such crash is not a reportable crash as defined 
in Sec.  390.5T.
    3. New and used motor vehicles transported on Stinger-steered 
automobile transporters that overhang from the transporter must be 
equipped with all other lights and reflective devices required by the 
applicable FMVSS or FMCSRs.
    4. Motor carriers and CMVs operating under this exemption must 
comply with all other applicable FMCSRs (49 CFR parts 350-399), unless 
specifically exempted from a requirement.

D. Preemption

    In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR 
381.600, during the period this exemption is in effect, no State shall 
enforce any law or regulation that conflicts with or is inconsistent 
with this exemption with respect to a person operating under the 
exemption. States may, but are not required to, adopt the same 
exemption with respect to operations in intrastate commerce.

E. Termination

    The exemption will be valid for as provided in section V.A. above, 
unless revoked earlier by FMCSA. FMCSA does not believe that motor 
carriers and CMVs covered by the exemption will experience any 
deterioration of their safety record. However, should this occur, FMCSA 
will take all steps necessary to protect the public interest, including 
revocation of the exemption without prior notice. The exemption may be 
immediately rescinded if: (1) motor carriers and/or CMVs 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 or chapter 313.
    Interested parties possessing information that would demonstrate 
that this exemption or motor carriers operating stinger-steered 
automobile transporter equipment without warning flags and with loads 
of new or used motor vehicles projecting up to 6 feet beyond the rear 
of the automobile transporter are not achieving the requisite statutory 
level of safety should immediately notify FMCSA by email at 
<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="420f0112111402060d166c050d14">[email protected]</a>. The Agency will evaluate any such information and, if 
safety is being compromised or if the continuation of the exemption is 
not consistent with the goals and objectives of 49 U.S.C. 31136 or 
chapter 313, may take immediate steps to revoke the exemption or impose 
additional requirements as part of the exemption.

VI. Request for Comments

    In accordance with 49 U.S.C. 31315(b), FMCSA requests public 
comment from all interested persons on ACC and AHAA's application for 
renewal of the exemption from Sec.  393.87.
    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.

Vincent G. White,
Deputy Administrator.
[FR Doc. 2024-24326 Filed 10-21-24; 8:45 am]
BILLING CODE 4910-EX-P


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