[Federal Register Volume 87, Number 114 (Tuesday, June 14, 2022)]
[Notices]
[Pages 36032-36034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12739]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0111]


Parts and Accessories Necessary for Safe Operation; Exemption 
Renewal for the International Institute of Towing and Recovery

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

ACTION: Notice of provisional renewal of exemption; request for 
comments.

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SUMMARY: FMCSA announces its decision to provisionally renew the 
International Institute of Towing and Recovery's (IITR) exemption to 
allow commercial motor vehicle (CMV) operators to secure automobiles, 
light trucks, and vans using a total of four tiedowns--two fixed and 
two adjustable--instead of two tiedowns, both of which need to be 
adjustable. The exemption renewal is for 5 years.

DATES: This renewed exemption is effective May 17, 2022, through May 
17, 2027. Comments must be received on or before July 14, 2022.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2016-0111 using any of the 
following methods:
    <bullet> Federal eRulemaking Portal: www.regulations.gov. See the 
Public Participation and Request for Comments section below for further 
information.
    <bullet> Mail: Docket Operations, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
    <bullet> Hand Delivery or Courier: West Building, Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m., ET, 
Monday through Friday, except Federal holidays.
    <bullet> Fax: (202) 493-2251.
    Each submission must include the Agency name and the docket number 
for this notice (FMCSA-2016-0111). 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 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: 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, 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.

[[Page 36033]]


FOR FURTHER INFORMATION CONTACT: Mr. Luke W. Loy, Vehicle and Roadside 
Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC-
PSV, (202) 366-0676 or by email at <a href="/cdn-cgi/l/email-protection#8ec3cddeddd8ceeae1faa0e9e1f8"><span class="__cf_email__" data-cfemail="f3beb0a3a0a5b3979c87dd949c85">[email protected]</span></a>, Federal Motor Carrier 
Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-
0001.

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-2016-0111), 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-2016-0111'' in the ``Keyword'' box, and 
click ``Search.'' When the new screen appears, click on the ``Comment 
Now!'' button and type your comment into the text box in the following 
screen. Choose whether you 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)(2) and 49 
CFR 381.300(b) to renew an exemption from the Federal Motor Carrier 
Safety Regulations (FMCSRs) for a 5-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 absent such 
exemption.''

III. Background

    IITR has requested a 5-year extension of the current exemption from 
49 CFR 393.112 to allow tow truck companies and operators of car-
carrier type tow trucks to secure automobiles, light trucks and vans 
using a total of four tiedowns--two fixed and two adjustable--instead 
of two tiedowns, both of which need to be adjustable. Copies of the 
current exemption application, comments, and the Agency's previous 
decision can be found in Docket No. FMCSA-2016-0111.

Current Regulatory Requirements

    Section 393.112 of the FMCSRs requires that ``[e]ach 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 
requires that ``[a]utomobiles, 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.''

Original Exemption

    In its original exemption application, IITR noted that the towing 
industry had adopted a securement method for light vehicles whereby two 
non-adjustable tiedowns are attached to the rear of disabled vehicle, 
and then ``snugged up or adjusted by using the winch to remove any 
slack in the chains.'' Two adjustable chains are used to secure the 
front of the disabled vehicle to the transport vehicle, and ``as the 
front binder or ratchet is tightened up, it not only tightens up the 
front tiedown chain but the rear tiedown chain as well.'' IITR stated 
that this securement system will prevent any lateral, forward, 
rearward, and vertical movement of the disabled vehicle, and that the 
four-point tiedown system exceeds the minimum tiedown requirements 
specified in the FMCRs.
    On May 15, 2017, following notice and comment, FMCSA granted IITR's 
exemption request for a 5-year period (82 FR 22372). In its decision, 
FMCSA noted that the current regulatory requirements did not prohibit 
the use of the four-tiedown system to restrain automobiles, light 
trucks, and vans. Instead, the regulations require a minimum of two 
tiedowns, both of which must be adjustable. Six commenters supported, 
and none opposed, the IITR application.
    In granting the exemption, FMCSA agreed with the commenters that 
the use of a four-point tiedown system consisting of two fixed tiedowns 
and two adjustable tiedowns would likely provide a level of safety that 
is equivalent to or greater than a system that uses only two adjustable 
tiedowns. FMCSA further noted that:

    In the configuration described in the application, tensioning of 
the adjustable tiedowns on one end of the load via binders, ratches, 
a winch, or the tilt of the vehicle bed will in turn provide a 
controlled tensioning of the other, fixed tiedowns. The use of the 
four tiedowns in this manner will provide restraint of the 
transported vehicle in the lateral, longitudinal and vertical 
direction as required by section 393.128(b)(1) of the FMCSRs.

    Finally, FMCSA noted that in addition to the cargo securement 
requirements in part 393:

[S]ection 392.9(b)(2) of the FMCSRs requires every driver to inspect 
the cargo and the devices used to secure the cargo within the first 
50 miles after beginning a trip and make adjustments to the cargo or 
load securement devices as necessary--including adding more 
securement devices--to ensure that the cargo cannot shift on or 
within or fall from the CMV. Further, section 392.9(b)(3) of the 
FMCSRs requires every driver to reexamine the cargo and its load 
securement devices during the course of the transportation and make 
any necessary adjustment whenever (1) the driver makes a change of 
duty status, (2) the CMV has been driven for 3 hours, or (3) the CMV 
has been driven for 150 miles, whichever occurs first.

    Based on these considerations, FMCSA found that IITR's application 
had ``demonstrated that allowing the use of four tiedowns, two of which 
are adjustable, to secure automobiles, light trucks and vans will 
prevent against lateral, forward, rearward, and vertical motion as 
required by 49 CFR 393.128.'' Thus, FMCSA concluded that IITR had 
demonstrated that the configuration maintained a level of safety 
equivalent to, or greater than, the level of safety achieved without 
the exemption. In granting the exemption, FMCSA also notified the 
public that interested parties ``possessing information that would 
demonstrate that motor carriers who use two non-adjustable tiedowns in 
addition to the two required adjustable tiedowns are not achieving the 
requisite statutory level of safety should immediately notify FMCSA.'' 
During the period the exemption has been in effect, FMCSA has not 
received any notification that companies operating under the exemption 
have failed to achieve the equivalent level of safety.

Application for Renewal of Exemption

    In its renewal application, IITR reiterated the previous statements 
in support of its original exemption

[[Page 36034]]

request. IITR further noted that the process authorized under the 
previous exemption is currently used by the industry as the standard 
method for securing light vehicles being towed and notes that ``the 
practice allows for an efficient four-point cargo system that is more 
stringent than the two-point minimum system required by 49 CFR 
393.128.''

IV. Equivalent Level of Safety Analysis

    FMCSA is not aware of any evidence showing that allowing the use of 
four tiedowns, at least two of which are adjustable, to secure 
automobiles, light trucks, and vans to prevent against lateral, 
forward, rearward, and vertical motion as required by 49 CFR 393.128 in 
accordance with the conditions of the original exemption, has resulted 
in any degradation in safety. The Agency believes that extending the 
exemption for a period of five years, on the terms and conditions set 
forth in this exemption renewal decision, will likely achieve a level 
of safety that is equivalent to, or greater than the level achieved by 
a cargo securement system that uses two adjustable tiedowns when the 
cargo securement system meets all of the aggregate working load limit 
requirements of 49 CFR 393.106(d).

V. Exemption Renewal Decision

A. Grant of Exemption

    FMCSA provisionally renews the exemption for a period of five years 
subject to the terms and conditions of this decision and the absence of 
public comments that would cause the Agency to terminate the exemption 
as specified in this section. The exemption from the requirements of 49 
CFR 393.112 is otherwise effective from May 17, 2022, through May 17, 
2027, 11:59 p.m. EST, unless renewed or terminated earlier.

B. Applicability of Exemption

    The exemption is restricted to towing companies and operators of 
car carrier type tow trucks that transport and are securing 
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.

C. Terms and Conditions

    Drivers operating under the exemption must comply with all other 
applicable FMCRS (49 CFR 350-399).

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 applicable to interstate commerce that 
conflicts with or is inconsistent with this exemption with respect to a 
firm or 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 five 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 objects of 
49 U.S.C. 31136(e) and 31315.
    Interested parties possessing information that would demonstrate 
that companies operating under this exemption are not achieving the 
requisite statutory level of safety should immediately notify FMCSA. 
Such information may be reported via email to <a href="/cdn-cgi/l/email-protection#135e5043404553777c673d747c65"><span class="__cf_email__" data-cfemail="fdb0beadaeabbd999289d39a928b">[email protected]</span></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 49 
U.S.C. 31136(e) and 31315(b), will take immediate steps to revoke the 
exemption.

VI. Request for Comments

    FMCSA requests public comment from all interested persons on 
FMCSA's decision to provisionally renew this exemption. 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 Address 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 practical. 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.

Robin Hutcheson,
Deputy Administrator.
[FR Doc. 2022-12739 Filed 6-13-22; 8:45 am]
BILLING CODE 4910-EX-P


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