Federal Register / Vol. 89, No. 204 / Tuesday, October 22, 2024 / Notices 84439 

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. 

added a supplemental document to the 

docket titled ‘‘McKee Foods 

Transportation Sleeper-Berth Exemption 

Provisions Interpretation.’’ FMCSA 

reopens the comment period to allow 

the public an opportunity to review 

MFT’s application for renewal of its 

exemption along with the supplemental 

document available for review in the 

docket. 

DATES: Comments must be received on 

or before November 21, 2024. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Pearlie Robinson, FMCSA Driver and 

Carrier Operations Division; Office of 

Carrier, Driver and Vehicle Safety 

Standards; FMCSA; 1200 New Jersey 

Avenue SE, Washington, DC 20590– 

0001; (202) 366–4225; or 

pearlie.robinson@dot.gov. If you have 

questions on viewing or submitting 

material to the docket, contact Docket 

Services, telephone (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation and Request for 

Comments 

Instructions and additional 

information concerning submitting 

comments may be viewed under the 

ADDRESSES heading and in section I of 

the SUPPLEMENTARY INFORMATION

heading in the July 10, 2024, notice of 

MFT’s exemption renewal application at 

89 FR 56787–56788. 

II. Background 

FMCSA published a notice of MFT’s 

application to renew its exemption ‘‘for 

the maximum available period’’ from 

the sleeper berth requirements, which 

previously were set forth in 49 CFR 

395.1(g)(1)(ii)(A) and (B) on July 10, 

2024, with a comment deadline of 

August 9, 2024. That notice sought 

public comment on the renewal 

application but did not include the 

supplemental document titled ‘‘McKee 

Foods Transportation Sleeper-Berth 

Exemption Provisions Interpretation’’ in 

the docket. FMCSA believes that 

potential commenters should have an 

opportunity to review both documents. 

Accordingly, FMCSA reopens the 

comment period for all comments on 

MFT’s application for renewal of its 

exemption in light of the supplemental 

document explaining the interpretation 

of the exemption. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2024–24451 Filed 10–21–24; 8:45 am] 

BILLING CODE 4910–EX–P 

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. 

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; MCPSV@dot.gov. 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-systemrecords-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 § 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. 


ddrumheller on DSK120RN23PROD with NOTICES1
84440 Federal Register / Vol. 89, No. 204 / Tuesday, October 22, 2024 / Notices 

2FMVSS 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). 

Original Exemption 

In its original exemption application, 

ACC requested an exemption from 

§ 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 

§ 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 sidefacing 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 § 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 § 393.87. 

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 

§ 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, § 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 § 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 § 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 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 204 / Tuesday, October 22, 2024 / Notices 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 stingersteered automobile transporter 

equipment are exempt from the 

requirements of § 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 MCPSV@DOT.GOV, even if 

such crash is not a reportable crash as 

defined in § 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 

MCPSV@DOT.GOV. 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 § 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 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2010–0027] 

Hours of Service of Drivers: WestRock 

Application for Renewal of Exemption 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of final disposition; 

renewal of exemption. 

SUMMARY: FMCSA announces its final 

decision to renew the exemption 

granted to WestRock from the hours-ofservice (HOS) regulations that prohibit 

drivers from operating property-carrying 

commercial motor vehicles (CMVs) after 

14 hours on duty and require 10 hours 

off duty before resuming driving. The 

exemption allows WestRock’s drivers to 

transport paper mill products short 

distances on a public road between its 

shipping and receiving locations 

without complying with those HOS 

limits. 

DATES: This renewed exemption is 

effective from April 17, 2024, and 

expires on April 16, 2029. 

FOR FURTHER INFORMATION CONTACT: 

Pearlie Robinson, Driver and Carrier 

Operations Division; Office of Carrier, 

Driver and Vehicle Safety Standards; 

FMCSA; 202–366–4225; 

pearlie.robinson@dot.gov. If you have 

questions on viewing or submitting 

material to the docket, contact Dockets 

Operations, (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation 

Viewing Comments and Documents 

To view comments, go to 

www.regulations.gov, insert the docket 

number ‘‘FMCSA–2010–0027’’ in the 

keyword box, and click ‘‘Search.’’ Next, 

sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed, 

and click ‘‘Browse Comments.’’ 

To view documents mentioned in this 

notice as being available in the docket, 

go to www.regulations.gov, insert the 

docket number ‘‘FMCSA–2010–0027’’ in 

the keyword box, click ‘‘Search,’’ and 

choose the document to review. 

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, 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 


ddrumheller on DSK120RN23PROD with NOTICES1