Federal Register / Vol. 80, No. 28 / Wednesday, February 11, 2015 / Notices 7677 

The exemption will be valid for two 

years unless rescinded earlier by 

FMCSA. The exemption will be 

rescinded if: (1) Motor carriers and/or 

commercial motor vehicles 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(e) and 

31315(b). 

Interested parties possessing 

information that would demonstrate 

that motor carriers using the plastic 

support blocks are not achieving the 

requisite statutory level of safety should 

immediately notify FMCSA. The 

Agency will evaluate any such 

information and, if safety is being 

compromised or if the continuation of 

the exemption is not consistent with 49 

U.S.C. 31136(e) and 31315(b), will take 

immediate steps to revoke the 

exemption. 

Preemption 

During the period the 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. 

Issued on: January 30, 2015. 

T.F. Scott Darling, III, 

Acting Administrator. 

[FR Doc. 2015–02811 Filed 2–10–15; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2011–0022] 

Parts and Accessories Necessary for 

Safe Operation; Exemption Renewal 

for KBC Companies, LLC d/b/a 

Innovative Electronics 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of renewal of exemption; 

request for comments. 

SUMMARY: The Federal Motor Carrier 

Safety Administration (FMCSA) renews 

an exemption that allows commercial 

motor vehicle operators to use trailermounted electric brake controllers 

which monitor and actuate electric 

trailer brakes based on inertial forces 

developed in response to the braking 

action of the towing vehicle. The 

Agency has concluded that granting this 

exemption renewal to allow the use of 

trailer-mounted electric brake 

controllers will maintain a level of 

safety that is equivalent to, or greater 

than, the level of safety achieved 

without the exemption. However, the 

Agency requests comments on this 

issue, especially from anyone who 

believes this standard will not be 

maintained. 

DATES: This exemption is effective from 

February 11, 2015 through February 13, 

2017. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Luke W. Loy, Vehicle and Roadside 

Operations Division, Office of Bus and 

Truck Standards and Operations, MC– 

PSV, (202) 366–0676, Federal Motor 

Carrier Safety Administration, 1200 

New Jersey Avenue SE., Washington, 

DC 20590–0001. 

Docket: For access to the docket to 

read background documents or public 

comments submitted in response to 

previous notices concerning the 

exemption application, 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. The online Federal document management 

system is available 24 hours each day, 

365 days each year. The docket number 

is listed at the beginning of this notice. 

SUPPLEMENTARY INFORMATION: 

Background 

FMCSA has authority under 49 U.S.C. 

31136(e) and 31315 to grant exemptions 

from certain parts of the Federal Motor 

Carrier Safety Regulations. 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 also 

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 decision of the Agency must be 

published 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 also specify the 

effective period and explain the terms 

and conditions of the exemption. The 

exemption may be renewed (49 CFR 

381.300(b)). 

KBC Companies, LLC d/b/a 

Innovative Electronics has requested 

renewal of its exemption from 49 CFR 

393.48 and 49 CFR 393.49 to allow 

commercial motor vehicle operators to 

tow trailers equipped with trailermounted electric brake controllers. 

Basis for Renewing Exemption 

On February 10, 2011(76 FR 7623), 

FMCSA published a notice requesting 

public comment on Innovative 

Electronics, Inc.’s application for an 

exemption from certain requirements in 

49 CFR 393.48 and 49 CFR 393.49 to 

allow commercial motor vehicle 

operators to tow trailers equipped with 

trailer-mounted electric brake 

controllers. A correction was published 

on February 22, 2011 (76 FR 9853). 

After reviewing the public responses to 

the notice, the Agency granted the 

exemption on November 29, 2011 (76 

FR 73763). 

Innovative Electronics, Inc. has 

applied for a renewal of the two-year 

exemption. The FMCSA has determined 

preliminarily that it is appropriate to 

renew the exemption pending a review 

of public comments in response to the 

application for another two-year period, 

until February 13, 2017. 

FMCSA is not aware of any evidence 

showing that the use of trailer-mounted 

electric brake controllers in compliance 

with the conditions of the original 

exemption has resulted in any 

degradation in safety. While trailermounted electric brake controllers are 

currently available for trailers not used 

for commercial purposes, renewing the 

exemption will allow rental companies 

to continue to rent trailers equipped 

with trailer-mounted electric brake 

controllers to commercial customers 

whose tow vehicles are not equipped 

with electric brake controllers. The 

Agency believes that extending the 

exemption for a period of two years will 

likely achieve a level of safety that is 

equivalent to, or greater than, the level 

of safety achieved without the 

exemption. 

Terms and Conditions for the 

Exemption 

During the renewal period, motor 

carriers must continue to meet the 

requirements of §§ 393.48(d) and 

393.49(c) for hydraulic surge brakes, 

except that, for purposes of the 

exemption, those provisions shall have 

the following meaning, with ‘‘surge 

brake’’ replaced by ‘‘trailer-mounted 

electric brake controller.’’ 


tkelley on DSK3SPTVN1PROD with NOTICES
7678 Federal Register / Vol. 80, No. 28 / Wednesday, February 11, 2015 / Notices 

§ 393.48 Brakes to be operative. 

* * * * * 

(d)(1) Trailer-mounted electric brake 

controllers are allowed on: 

(i) Any trailer with a gross vehicle 

weight rating (GVWR) of 12,000 pounds 

or less, when its GVWR does not exceed 

1.75 times the GVWR of the towing 

vehicle; and 

(ii) Any trailer with a GVWR greater 

than 12,000 pounds, but less than 

20,001 pounds, when its GVWR does 

not exceed 1.25 times the GVWR of the 

towing vehicle. 

(2) The gross vehicle weight (GVW) of 

a trailer equipped with a trailermounted electric brake controller may 

be used instead of its GVWR to calculate 

compliance with the weight ratios 

specified in paragraph (d)(1) of this 

section when the trailer manufacturer’s 

GVWR label is missing. 

(3) The GVW of a trailer equipped 

with a trailer-mounted electric brake 

controller must be used to calculate 

compliance with the weight ratios 

specified in paragraph (d)(1) of this 

section when the trailer’s GVW exceeds 

its GVWR. 

(4) The trailer equipped with a trailermounted electric brake controller must 

meet the requirements of § 393.40. 

§ 393.49 Control valves for brakes. 

* * * * * 

(c) Trailer-mounted electric brake 

controller exception. This requirement 

is not applicable to trailers equipped 

with trailer-mounted electric brake 

controllers that satisfy the conditions 

specified in 393.48(d). 

The exemption will be valid for two 

years unless rescinded earlier by 

FMCSA. The exemption will be 

rescinded if: (1) Motor carriers and/or 

commercial motor vehicles 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(e) and 

31315. 

Request for Comments 

FMCSA requests comments from 

parties with data concerning the safety 

record of motor carriers utilizing trailermounted electric brake controllers, in 

accordance with the conditions of the 

original exemption, by March 13, 2015. 

The Agency will evaluate any adverse 

evidence submitted and, if safety is 

being compromised or if continuation of 

the exemption would not be consistent 

with the goals and objectives of 49 

U.S.C. 31136(e) and 31315(b)(1), 

FMCSA will take immediate steps to 

revoke the exemption. 

Preemption 

During the period the exemption is in 

effect, no State shall enforce any law or 

regulation that conflicts with or is 

inconsistent with this exemption to 

allow commercial motor vehicle 

operators to use trailer-mounted electric 

brake controllers which monitor and 

actuate electric trailer brakes based on 

inertial forces developed in response to 

the braking action of the towing vehicle. 

Issued On: January 30, 2015. 

T.F. Scott Darling, III, 

Acting Administrator. 

[FR Doc. 2015–02810 Filed 2–10–15; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2000–7363; FMCSA– 

2002–13411] 

Qualification of Drivers; Exemption 

Applications; Vision 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of renewal of 

exemptions; request for comments. 

SUMMARY: FMCSA announces its 

decision to renew the exemptions from 

the vision requirement in the Federal 

Motor Carrier Safety Regulations for 10 

individuals. FMCSA has statutory 

authority to exempt individuals from 

the vision requirement if the 

exemptions granted will not 

compromise safety. The Agency has 

concluded that granting these 

exemption renewals will provide a level 

of safety that is equivalent to or greater 

than the level of safety maintained 

without the exemptions for these 

commercial motor vehicle (CMV) 

drivers. 

DATES: This decision is effective March 

4, 2015. Comments must be received on 

or before March 13, 2015. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) numbers: Docket No. 

[Docket No. FMCSA–2000–7363; 

FMCSA–2002–13411], using any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

• Mail: Docket Management Facility; 

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., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal Holidays. 

• Fax: 1–202–493–2251. 

Instructions: Each submission must 

include the Agency name and the 

docket number for this notice. Note that 

DOT posts all comments received 

without change to http://

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 http://

www.regulations.gov at any time or 

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., Monday through 

Friday, except Federal holidays. The 

Federal Docket Management System 

(FDMS) is available 24 hours each day, 

365 days each year. If you want 

acknowledgment that we received your 

comments, please include a selfaddressed, stamped envelope or 

postcard or print the acknowledgement 

page that appears after submitting 

comments on-line. 

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. 

FOR FURTHER INFORMATION CONTACT: 

Charles A. Horan, III, Director, Carrier, 

Driver and Vehicle Safety Standards, 

202–366–4001, fmcsamedical@dot.gov, 

FMCSA, Department of Transportation, 

1200 New Jersey Avenue SE., Room 

W64–224, Washington, DC 20590–0001. 

Office hours are from 8:30 a.m. to 5 p.m. 

Monday through Friday, except Federal 

holidays. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Under 49 U.S.C. 31136(e) and 31315, 

FMCSA may renew an exemption from 

the vision requirements in 49 CFR 

391.41(b)(10), which applies to drivers 

of CMVs in interstate commerce, for a 

two-year period if it finds ‘‘such 

exemption would likely achieve a level 

of safety that is equivalent to or greater 

than the level that would be achieved 


tkelley on DSK3SPTVN1PROD with NOTICES