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Federal Register/Vol. 85, No. 180/Wednesday, September 16

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Federal Register/Vol. 85, No. 180/Wednesday, September 16 57928 Federal Register / Vol. 85, No. 180 / Wednesday, September 16, 2020 / Notices Ty Martin application for a limited 5-year exemption would likely achieve a level Mr. Martin is a 45 year-old CDL exemption to allow the use of gravity or of safety equivalent to, or greater than, license holder in West Virginia. He has syphon-fed fuel systems for auxiliary the level that would be achieved by the a history of seizures and has been equipment installed on or used in current regulation (49 CFR 381.305). seizure free since 2006. He takes anti- connection with commercial motor The decision of the Agency must be seizure medication with the dosage and vehicles (CMV). While the Federal published in the Federal Register (49 frequency remaining the same since Motor Carrier Safety Regulations CFR 381.315(b)) with the reasons for denying or granting the application and, 2012. His physician states that she is (FMCSR) currently prohibit the use of if granted, the name of the person or supportive of Mr. Martin receiving an fuel systems that supply fuel directly to class of persons receiving the exemption. the carburetor or injector by gravity or syphon feed, the Agency has exemption, and the regulatory provision Rick S. Morrison determined that granting the exemption from which the exemption is granted. Mr. Morrison is a 64 year-old CDL to allow the use of gravity or syphon-fed The notice must also specify the license holder in North Carolina. He has fuel systems for auxiliary equipment effective period and explain the terms a history of seizures and has been that operates only when the CMV is and conditions of the exemption. The seizure free since 2008. He takes anti- stationary would likely maintain a level exemption may be renewed (49 CFR seizure medication with the dosage and of safety that is equivalent to, or greater 381.300(b)). frequency remaining the same since than the level of safety provided by the CMW’s Application for Exemption regulation. 2008. His physician states that she is CMW applied for an exemption from DATES: This exemption is effective supportive of Mr. Morrison receiving an 49 CFR 393.65(d) to allow the use of September 16, 2020 and ending exemption. gravity or syphon-fed fuel systems for September 16, 2025. Darrel Rinder auxiliary equipment installed on or FOR FURTHER INFORMATION CONTACT: Mr. used in connection with CMVs that Mr. Rinder is a 56 year-old CDL Luke Loy, Vehicle and Roadside operate only when the CMV is not license holder in California. He has a Operations Division, Office of Carrier, operating on the highway. A copy of the history of epilepsy and has been seizure Driver, and Vehicle Safety, MC–PSV, application is included in the docket free since 1982. He takes anti-seizure (202) 366–0676, Federal Motor Carrier referenced at the beginning of this medication with the dosage and Safety Administration, 1200 New Jersey notice. frequency remaining the same since Avenue SE, Washington, DC 20590– Section 393.65 of the FMCSRs 1992. His physician states that he is 0001. prescribes certain requirements that are supportive of Mr. Rinder receiving an Docket: For access to the docket to applicable to all CMV fuel systems. The exemption. read background documents or requirements in this section apply to IV. Request for Comments comments submitted to notice systems for containing and supplying requesting public comments on the fuel for the operation of (1) motor In accordance with 49 U.S.C. 31136(e) exemption application, go to vehicles or (2) auxiliary equipment and 31315(b), FMCSA requests public www.regulations.gov at any time or visit installed on, or used in connection with, comment from all interested persons on Room W12–140 on the ground level of motor vehicles. Section 393.65(d) the exemption petitions described in the West Building, 1200 New Jersey prohibits a fuel system from supplying this notice. We will consider all Avenue SE, Washington, DC, between 9 fuel by gravity or syphon feed directly comments received before the close of a.m. and 5 p.m., ET, Monday through to the carburetor or injector. business on the closing date indicated Friday, except Federal holidays. To be CMW is a family of companies under the DATES section of the notice. sure someone is there to help you, focused on the installation, Larry W. Minor, please call (202) 366–9317 or (202) 366– maintenance, rehabilitation, and Associate Administrator for Policy. 9826 before visiting Docket Operations. replacement of underground pipe and The on-line Federal document cable for the telecom, oil, electricity, [FR Doc. 2020–20395 Filed 9–15–20; 8:45 am] management system is available 24 gas, water, and wastewater industries. BILLING CODE 4910–EX–P hours each day, 365 days each year. The Its family of companies includes Ditch docket number is listed at the beginning Witch®, Subsite® Electronics, DW/ of this notice. TXS®, HammerHead®, Trencor® and DEPARTMENT OF TRANSPORTATION ® SUPPLEMENTARY INFORMATION: MTI Equipment. CMW designs, Federal Motor Carrier Safety manufactures and sells a range of Background Administration products to cover the full life-cycle of FMCSA has authority under 49 U.S.C. underground pipe and cable, including [Docket No. FMCSA–2019–0069] 31136(e) and 31315 to grant exemptions horizontal directional drills, walk and Parts and Accessories Necessary for from certain parts of the FMCSRs. ride trenchers, utility loaders, vacuum Safe Operation; Application for an FMCSA must publish a notice of each excavators, asset locators, pipe Exemption From Charles Machine exemption request in the Federal rehabilitation solutions, and after- Works, Inc. Register (49 CFR 381.315(a)). The market tools. Agency must provide the public an Some of the equipment designed and AGENCY: Federal Motor Carrier Safety opportunity to inspect the information manufactured by CMW utilizes small, Administration (FMCSA), relevant to the application, including commercially available internal Transportation (DOT). any safety analyses that have been combustion engines to power auxiliary ACTION: Notice of final disposition. conducted. The Agency must also equipment that is permanently mounted provide an opportunity for public on a CMV. CMW states that while SUMMARY: The Federal Motor Carrier comment on the request. auxiliary equipment that is permanently Safety Administration (FMCSA) The Agency reviews safety analyses mounted to CMVs is considered part of announces its decision to grant Charles and public comments submitted, and the CMV and subject to the Machine Works, Inc.’s (CMW) determines whether granting the requirements of 49 CFR 393.65(d), it VerDate Sep<11>2014 18:20 Sep 15, 2020 Jkt 250001 PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 E:\FR\FM\16SEN1.SGM 16SEN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 180 / Wednesday, September 16, 2020 / Notices 57929 ‘‘has identified that currently there is is operating on the highways.’’ Another operation of auxiliary equipment.’’ uneven roadside enforcement with individual expressed concern that the [Emphasis added.] There was no regard to the use of gravity fed fuel auxiliary equipment will be operated discussion in the NRPM regarding the tanks on auxiliary equipment installed while the vehicle is in motion, and that proposal to extend the scope of the on or used in connection with it would be very difficult for FMCSA to regulation beyond systems/tanks used commercial motor vehicles.’’ enforce a prohibition against such use. for the propulsion of the CMV, and to In support of its application, CMW To address these concerns, the include fuel tanks used for the operation stated: commenter suggested that the Agency of auxiliary equipment. Most small commercially available internal consider instituting controls to ensure In a final rule published on August combustion engines used on auxiliary that auxiliary equipment is (1) 14, 1971 (36 FR 15444), FHWA did not equipment are equipped from the factory inoperative while the CMV is in motion retain the proposed definition of ‘‘Fuel with gravity fed fuel tanks attached to the or (2) located such that the driver or tank’’ that included the reference to engine . The cost of modifying these operator cannot turn it on while the ‘‘auxiliary equipment,’’ but instead, small internal combustion engines to remove vehicle is in motion. The commenter adopted a new section in 49 CFR 393.65 the fuel tank from the engine and to re- recommended that additional data be regarding the applicability of the rules engineer the fuel delivery system to use a collected before a decision is made to in Subpart E to all fuel systems. fuel pump to pump fuel from the now grant the exemption. Specifically, the August 1971 rule removed fuel tank to the internal combustion adopted 49 CFR 393.65(a), ‘‘Application engine requires electrical wiring to be run FMCSA Analysis from the commercial motor vehicle to operate of the rules in this section,’’ as follows the fuel pump. Manufacturers who have gone The motor carrier safety regulations (which remains unchanged today): ‘‘The to this additional expense, question the pertaining to CMV fuel systems have rules in this section apply to systems for reasoning of removing the fuel tank from prohibited the use of fuel systems that containing and supplying fuel for the above the engine and placing it beside the supply fuel directly to the carburetor or operation of motor vehicles or for the engine and equipping the system with a fuel injector by gravity or syphon feed since operation of auxiliary equipment pump to transfer fuel from the tank to the at least the early 1950s when such installed on, or used in connection with, engine. Since the auxiliary equipment only regulations were administered by the motor vehicles.’’ While there were 26 operates when the CMV is not operating on Interstate Commerce Commission (ICC).
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