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 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 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 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

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‘‘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 . . . 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. 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). commenters to the February 1970 the highway there does not seem to be any NPRM, there was no discussion in the legitimate safety reason for this requirement. In its comments to the CMW A review of previous Federal Register application, TTMA stated ‘‘We believe August 1971 final rule regarding the notices does not describe why this that the prohibition against siphon or rationale for extending the scope of the requirement was added for fuel systems for gravity feed was inserted to prevent a fuel system requirements to include auxiliary equipment on commercial motor situation where fuel would systems/tanks used for the operation of vehicles, when this equipment is not continuously feed an engine on a drive auxiliary equipment installed on or operating while the CMV is operating on the vehicle that had caught fire.’’ At that used in connection with the CMV. highway. time, the regulations for fuel systems FMCSA is unable to confirm from the Comments and liquid fuel tanks were limited to ICC rulemaking documents whether the prohibition of gravity or syphon-fed fuel FMCSA published a notice of the those used specifically for the propulsion of the motor vehicle, and did systems was established (and has been application in the Federal Register on maintained in the regulations since the March 28, 2019, and asked for public not contemplate systems for containing and supplying fuel for the operation of 1950s) to eliminate/minimize the risk comment (84 FR 11862). The Agency associated with the continuous supply received comments from the auxiliary equipment installed on or used in connection with the motor of fuel to the engine of a vehicle that has Trailer Manufacturers Association caught fire, as stated by TTMA in its vehicle.1 (TTMA) and two individuals. comments. However, the TTMA On February 19, 1970, the Federal TTMA commented in support of the explanation is certainly reasonable and Highway Administration (FHWA), the application, and noted that the relief FMCSA believes that the regulatory predecessor to FMCSA, published a requested by CMW is similar to the prohibition against the use of such notice of proposed rulemaking (NPRM) amendment requested by TTMA in its systems has been successful in proposing amendments to the December 2018 petition for rulemaking mitigating the consequences of CMV regulations pertaining to CMV fuel to the Agency on the same issue. vehicle fires. At the same time, FMCSA systems to (1) apply additional Specifically, TTMA has petitioned agrees with TTMA and a commenter FMCSA to amend the FMCSRs to provisions to diesel fuel tanks, (2) set that the risk of fires involving fuel from exempt ‘‘fuel tanks for auxiliary somewhat more stringent requirements auxiliary equipment that is mounted to equipment designed to be operated for liquid fuel tanks other than side- a CMV is remote because the auxiliary when the vehicle is not in motion and mounted liquid fuel tanks, (3) update equipment is rarely, if ever, operated having a capacity of 5 gallons or less of the references to industry standards, when the CMV is in motion. Instead, liquid fuel’’ from the prohibition against and (4) rearrange the subpart for most auxiliary equipment that is fuel systems using gravity or syphon increased clarity (35 FR 3177). While permanently mounted to a CMV feed in 49 CFR 393.65(d). One retaining the prohibition against use of utilizing small, commercially available individual submitted comments in fuel systems that supply fuel directly to internal combustion engines (such as support of CMW’s application, and the carburetor or injector by gravity or small pumps) is typically used to suggested that FMCSA ‘‘examine the syphon feed, the NPRM proposed to perform work-related functions at language in Part 393.65 and narrow the define ‘‘fuel tank’’ as ‘‘a tank installed various jobsites when the CMV is no equipment subject to Part 393.65(d) to on a motor vehicle to contain and longer operating on the highway. systems other than those systems supply fuel for its operation or for the Additionally, the capacity of fuel tanks designed to utilize gravity feed or on auxiliary equipment that is mounted 1 See the ICC’s amendments to 49 CFR part 193, require a petcock be installed to shut off Parts and Accessories Necessary for Safe on CMVs is typically very small, fuel in transit or prohibit the equipment Operations, Subpart E—Fuel Systems, dated May generally not exceeding 5 gallons, from operating while the ‘motor vehicle’ 15, 1952 (17 FR 4438). which minimizes the consequences of

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fires due to fuel supplied via gravity or when the CMV is not operating on the individuals from the requirement in the syphon-fed systems on such equipment. highway. Federal Motor Carrier Safety As CMW notes in its application, if The exemption will be valid for 5 Regulations (FMCSRs) that interstate the exemption is not granted, CMVs years unless rescinded earlier by commercial motor vehicle (CMV) with auxiliary equipment that use FMCSA. The exemption will be drivers have ‘‘no established medical gravity or syphon-fed fuel systems need rescinded if: (1) Motor carriers operating history or clinical diagnosis of epilepsy to be modified to (1) remove the gravity CMVs fail to comply with the terms and or any other condition which is likely and syphon-fed fuel systems, (2) mount conditions of the exemption; (2) the to cause loss of consciousness or any fuel tanks near the auxiliary exemption has resulted in a lower level loss of ability to control a CMV.’’ The equipment’s internal combustion of safety than was maintained before it exemptions enable these individuals engine, and (3) install fuel pumps to was granted; or (3) continuation of the who have had one or more seizures and deliver fuel to the auxiliary equipment exemption would not be consistent with are taking anti-seizure medication to in order to comply with 49 CFR the goals and objectives of 49 U.S.C. continue to operate CMVs in interstate 393.65(d). FMCSA agrees with CMW 31136(e) and 31315(b). commerce. Interested parties possessing that the risk of fires from the use of DATES: Each group of renewed information that would demonstrate gravity or syphon-fed fuel systems used exemptions were applicable on the that motor carriers operating CMVs on auxiliary equipment is minimal, dates stated in the discussions below allowing the use of gravity or syphon especially given that the auxiliary and will expire on the dates stated in fed fuel systems for auxiliary equipment equipment typically operates only when the discussions below. Comments must installed on or used in connection with the CMV is not operating on the be received on or before October 16, CMVs that operate only when the CMV highway. 2020. is not operating on the highway is not FMCSA acknowledges the concern of achieving the requisite statutory level of ADDRESSES: You may submit comments the commenter who noted that the safety should immediately notify identified by the Federal Docket auxiliary equipment may be operated FMCSA. The Agency will evaluate any Management System (FDMS) Docket No. while the vehicle is in motion, and that such information and, if safety is being FMCSA–2014–0213 or Docket No. it would be very difficult for FMCSA to compromised or if the continuation of FMCSA–2015–0323 using any of the enforce a prohibition against such use. the exemption is not consistent with 49 following methods: However, FMCSA is unaware of any U.S.C. 31136(e) and 31315(b), will take • Federal eRulemaking Portal: Go to situations in which motor carrier immediate steps to revoke the http://www.regulations.gov/ operations require the auxiliary exemption. docket?D=FMCSA-2014-0213 or http:// equipment to operate while the vehicle www.regulations.gov/docket?D=FMCSA- is in motion. Instead, and as stated Preemption 2015-0323. Follow the online earlier, FMCSA believes that most In accordance with 49 U.S.C. instructions for submitting comments. auxiliary equipment that is permanently 31313(d), as implemented by 49 CFR • Mail: Docket Operations; U.S. mounted to a CMV utilizing small, 381.600, during the period this Department of Transportation, 1200 commercially available internal exemption is in effect, no State shall New Jersey Avenue SE, West Building combustion engines (such as small enforce any law or regulation applicable Ground Floor, Room W12–140, pumps) is typically used to perform to interstate commerce that conflicts Washington, DC 20590–0001. work-related functions at various with or is inconsistent with this • Hand Delivery: Docket Operations, jobsites and when the CMV is stationary exemption with respect to CMVs West Building Ground Floor, Room and no longer operating on the highway. operating under the exemption. States W12–140, 1200 New Jersey Avenue SE, FMCSA Decision may, but are not required to, adopt the Washington, DC, between 9 a.m. and 5 same exemption with respect to p.m., ET, Monday through Friday, FMCSA has evaluated the CMW operations in intrastate commerce. except Federal Holidays. To be sure exemption application, and the someone is there to help you, please call comments received. Based on the James W. Deck, (202) 366–9317 or (202) 366–9826 discussion above, FMCSA believes that Deputy Administrator. before visiting Docket Operations. allowing the use of gravity or syphon- [FR Doc. 2020–20440 Filed 9–15–20; 8:45 am] • Fax: (202) 493–2251. fed fuel systems for auxiliary equipment BILLING CODE 4910–EX–P installed on or used in connection with To avoid duplication, please use only CMVs that operate only when the CMV one of these four methods. See the is not operating on the highway is likely DEPARTMENT OF TRANSPORTATION ‘‘Public Participation’’ portion of the to provide a level of safety that is SUPPLEMENTARY INFORMATION section for equivalent to, or greater than, the level Federal Motor Carrier Safety instructions on submitting comments. of safety achieved without the Administration FOR FURTHER INFORMATION CONTACT: Ms. exemption. [Docket No. FMCSA–2014–0213; FMCSA– Christine A. Hydock, Chief, Medical 2015–0323] Programs Division, (202) 366–4001, Terms and Conditions for the [email protected], FMCSA, Exemption Qualification of Drivers; Exemption Department of Transportation, 1200 The Agency hereby grants the Applications; Epilepsy and Seizure New Jersey Avenue SE, Room W64–224, exemption for a 5-year period, Disorders Washington, DC 20590–0001. Office hours are from 8:30 a.m. to 5 p.m., ET, beginning September 16, 2020 and AGENCY: Federal Motor Carrier Safety Monday through Friday, except Federal ending September 16, 2025. During the Administration (FMCSA), DOT. temporary exemption period, motor holidays. If you have questions ACTION: Notice of renewal of regarding viewing or submitting carriers will be allowed to use gravity or exemptions; request for comments. syphon fed fuel systems for auxiliary material to the docket, contact Docket equipment installed on or used in SUMMARY: FMCSA announces its Operations, (202) 366–9826. connection with CMVs that operate only decision to renew exemptions for seven SUPPLEMENTARY INFORMATION:

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