36032 Federal Register / Vol. 87, No. 114 / Tuesday, June 14, 2022 / Notices 

202–366–6221, Federal Highway 

Administration, Department of 

Transportation, 1200 New Jersey 

Avenue SE, Washington, DC 20590. 

Office hours are from 8 a.m. to 5 p.m., 

Monday through Friday, except Federal 

holidays. 

SUPPLEMENTARY INFORMATION: 

Title: Survey of Metropolitan 

Planning Organizations and State 

Departments of Transportation 

Regarding Practices for Incorporating 

Equity and Meaningful Public 

Involvement in Transportation Planning 

and Project Decision-Making. 

Background: The U.S. Department of 

Transportation (DOT, or ‘‘the 

Department’’) is committed to pursuing 

a comprehensive approach to advancing 

equity for all. In response to Executive 

Order 13985: Advancing Racial Equity 

and Support for Underserved 

Communities through the Federal 

Government (86 FR 7009), DOT is 

working to expand access and 

opportunity to all communities while 

focusing on underserved, overburdened, 

and disadvantaged communities. 

One focus area for DOT relates to the 

Department’s programmatic 

enforcement of Title VI of the Civil 

Rights Act (DOT Order 1000.12C), 

including emphasizing agency review of 

the potential discriminatory impacts of 

plans, investment programs, and 

projects to prevent disparate impacts on 

protected classes, and empower 

communities, including limited English 

proficient communities, in 

transportation decision-making (49 CFR 

21.5, 21.7, 21.9 and 28 CFR 406). 

FHWA plans to conduct a survey of 

all State departments of transportation 

(State DOTs) and metropolitan planning 

organizations (MPOs) to better 

understand how these agencies consider 

equity and comply with Title VI in 

transportation planning and 

programming activities. This will 

include questions about how each State 

DOT or MPO is using quantitative data 

or tools to analyze equity factors for 

transportation plans and investment 

programs, as well as how each agency 

provides a meaningful and 

representative role to members of all 

communities, including underserved 

and limited English proficient 

communities, in shaping these plans 

and programs (28 CFR 407). 

Information from the survey will be 

used to inform future research products 

and capacity-building activities for State 

DOTs and MPOs, to help them improve 

practices related to equity and 

meaningful public involvement in 

transportation planning and 

programming. Survey responses may 

also inform future revisions to existing 

guidance, or the development of new 

guidance, to DOT funding recipients on 

meeting the requirements of Title VI of 

the Civil Rights Act, the National 

Environmental Policy Act, 

transportation planning and 

programming, or other legal or 

regulatory requirements that relate to 

transportation equity and public 

involvement. 

FHWA plans to conduct the survey on 

a voluntary-response basis, utilizing an 

electronic survey platform. This is 

planned as a one-time information 

collection, and FHWA estimates that the 

survey will take approximately one hour 

to complete. The survey will consist of 

both multiple-choice and short-answer 

question formats. 

Respondents: 52 State DOTs and 

approximately 405 MPOs. 

Frequency: Once. 

Estimated Average Burden per 

Response: Approximately 60 minutes 

per respondent. 

Estimated Total Annual Burden 

Hours: Approximately 457 hours. 

Public Comments Invited: You are 

asked to comment on any aspect of this 

information collection, including: (1) 

Whether the proposed collection is 

necessary for the FHWA’s performance; 

(2) the accuracy of the estimated 

burdens; (3) ways for the FHWA to 

enhance the quality, usefulness, and 

clarity of the collected information; and 

(4) ways that the burden could be 

minimized, including the use of 

electronic technology, without reducing 

the quality of the collected information. 

The agency will summarize and/or 

include your comments in the request 

for OMB’s clearance of this information 

collection. 

Authority: The Paperwork Reduction 

Act of 1995; 44 U.S.C. Chapter 35, as 

amended; 23 U.S.C. 134 and 135; and 23 

CFR Chapter 1, Subchapter E, Part 450. 

Issued On: June 9, 2022. 

Michael Howell, 

Information Collection Officer. 

[FR Doc. 2022–12769 Filed 6–13–22; 8:45 am] 

BILLING CODE 4910–22–P 

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. 

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: 

• Federal eRulemaking Portal: 

www.regulations.gov. See the Public 

Participation and Request for Comments 

section below for further information. 

• Mail: Docket Operations, 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, 

between 9 a.m. and 5 p.m., ET, Monday 

through Friday, except Federal holidays. 

• 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. 


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Federal Register / Vol. 87, No. 114 / Tuesday, June 14, 2022 / Notices 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 MCPSV@

dot.gov, 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 81⁄2 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, selfaddressed 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 


lotter on DSK11XQN23PROD with NOTICES1
36034 Federal Register / Vol. 87, No. 114 / Tuesday, June 14, 2022 / Notices 

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 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 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 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2022–0103] 

Commercial Driver’s License 

Standards: Stevens Transport, Inc.; 

Application for Exemption 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of application for 

exemption; request for comments. 

SUMMARY: FMCSA announces that 

Stevens Transport, Inc. (Stevens) has 

applied for an exemption from the 

provisions in our regulations that 

require a commercial learner’s permit 

(CLP) holder to be accompanied by a 

commercial driver’s license (CDL) 

holder with the proper CDL class and 

endorsements seated in the front seat of 

the vehicle while the CLP holder 

performs behind-the-wheel training on 

public roads or highways. The 

exemption would allow a CLP holder 

who has passed the skills test but not 

yet received the CDL document to drive 

a Stevens commercial motor vehicle 

(CMV) accompanied by a CDL holder 

who is not necessarily in the passenger 

seat, provided the driver has 

documentation of passing the skills test. 

FMCSA requests public comment on the 

applicant’s request for exemption. 

DATES: Comments must be received on 

or before July 14, 2022. 

ADDRESSES: You may submit comments 

identified by Federal Docket 

Management System (FDMS) Number 

FMCSA–2022–0103 by any of the 

following methods: 

• Federal eRulemaking Portal: 

www.regulations.gov. See the Public 

Participation and Request for Comments 

section below for further information. 

• Mail: Dockets Operations, 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, 

between 9 a.m. and 5 p.m. E.T., Monday 

through Friday, except Federal holidays. 

• Fax: (202) 493–2251. 

Each submission must include the 

Agency name and the docket number 

(FMCSA–2022–0103) for this notice. 

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 Act 

heading below. 


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