[Federal Register Volume 88, Number 75 (Wednesday, April 19, 2023)]
[Notices]
[Pages 24263-24265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08193]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0238]


Parts and Accessories Necessary for Safe Operation; Exemption 
Renewal for TowMate LLC

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

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

-----------------------------------------------------------------------

SUMMARY: FMCSA announces its decision provisionally to renew the 
TowMate, LLC (TowMate) exemption which allows motor carriers to operate 
rechargeable wireless temporary stop, turn, and tail lighting systems 
during temporary towing operations that do not meet the vehicle power 
supply requirements for all required lamps in the Federal Motor Carrier 
Safety Regulations (FMCSRs). The exemption is renewed for 5 years, 
unless rescinded earlier.

DATES: This renewed exemption is effective February 9, 2023, through 
February 9, 2028, unless rescinded earlier. Comments must be received 
on or before May 19, 2023.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2015-0238 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-2015-0238). 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 Act: In accordance with 49 U.S.C. 31315(b), 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, the comments are searchable by the name of the 
submitter.

FOR FURTHER INFORMATION CONTACT: Mr. Luke Loy, Vehicle and Roadside 
Operations Division, Office of Carrier, Driver, and Vehicle Safety, 
FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001; (202) 366-
0676; [email protected].

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-2015-0238), 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

[[Page 24264]]

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-2015-0238'' in the ``Keyword'' box, and 
click ``Search.'' When the new screen appears, click on the ``Comment'' 
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) and 49 
CFR 381.300(b) to renew an exemption from the 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

Current Regulation(s) Requirements

    Under 49 CFR 393.23, all required lamps must be powered by the 
electrical system of the motor vehicle with the exception of battery 
powered lamps used on projecting loads. This requirement ensures that 
vehicle-supplied electrical power is connected to all required vehicle 
lamps during normal operation of the vehicle.

Application for Renewal of Exemption

    TowMate has requested a 5-year renewal of its exemption from 49 CFR 
393.23, Power supply for lamps, previously granted on February 9, 
2016,\1\ and renewed on February 13, 2018,\2\ to allow motor carriers 
to operate rechargeable wireless temporary stop, turn, and tail 
lighting systems during temporary towing operations. TowMate stated in 
the application:
---------------------------------------------------------------------------

    \1\ See 81 FR 6927.
    \2\ See 83 FR 6306.

    [T]he use of conventional hard wired temporary stop, turn, and 
tail lights has many drawbacks that wireless tow lights solve. These 
drawbacks include broken connections, frayed wires, burnt out 
incandescent bulbs, and the potential to be snagged or pulled from 
the tow light receptacle due to improper running of wires, and road 
hazards, along with the safety hazard of increasing the amount of 
time spent on the roadside or the scene of an accident by stringing 
wired lighting systems between vehicles and securing the wires. With 
the advent of LED technology coupled with advancements in battery 
technologies, wireless tow lights are more reliable and better 
equipped for the rigors of daily temporary use. . . .
    Temporary wireless stop, turn, tail lighting systems can operate 
for 10+ hours of continuous use on a full charge, and in-cab wire-
less monitoring systems give the driver constant information on the 
functioning of the system, displaying state of charge of the battery 
inside the unit, displaying the functioning of the system during 
operation, and warning the driver if the unit is no longer 
functioning. In this sense, wireless tow lights provide a level of 
safety and redundancy that is not currently required on wired 
temporary lighting systems. In an emergency situation with a drained 
battery, power can be directly connected to the temporary wireless 
stop, turn, and tail lighting system from a standard 4 pin or 7 pin 
electrical connection. . . .
    Without the proposed temporary exemption, [tow and haul away] 
operators will be forced to continue to use cumbersome wired 
temporary towing light systems, placing an unnecessary burden on 
their daily operations. The current temporary lighting requirements 
for stop, tail, and turn lamps require that the lamps receive their 
power from a direct wired connection to the towing vehicle with no 
ascertainable benefit from doing such. Wireless tow lights afford 
benefits that wired systems are unable to, such as redundancies like 
monitoring the status of the unit in real time, thus assuring their 
proper operation at all times.

Original Application for Exemption and Operations Under Exemption

    In its original application, TowMate utilized the same 
justification that rechargeable wireless temporary stop, turn, and tail 
lighting systems solve many of the safety issues inherent with wired 
temporary lighting systems. Based on TowMate's application, FMCSA 
granted a two-year exemption on February 9, 2016 (81 FR 6927), and 
subsequently renewed that exemption for five years from February 9, 
2018, to February 9, 2023 (83 FR 6306).

IV. Equivalent Level of Safety Analysis

    FMCSA is not aware of any evidence showing that the operation of 
rechargeable wireless temporary stop, turn, and tail lighting systems 
during temporary towing operations during the current exemption has 
resulted in any degradation of safety. The Agency believes that 
extending the exemption for a period of five years will likely achieve 
a level of safety that is equivalent to, or greater than, the level of 
safety achieved without the exemption because the use of hard-wired 
temporary stop, turn, and tail lights has many drawbacks that wireless 
tow lights solve. These include broken connections, frayed wires, the 
potential for lights to be snagged or pulled from the tow light 
receptacle due to improper running of wires, and road hazards. The use 
of rechargeable wireless lighting system also reduces the amount of 
time that would be spent on the roadside or the scene of an accident 
stringing wired lighting systems between vehicles and securing the 
wires. With the advent of LED technology, coupled with advancements in 
battery technologies, wireless tow lights are more reliable and better 
equipped for the rigors of daily temporary use and will likely achieve 
a level of safety that is equivalent to, or greater than, the level of 
safety achieved without the exemption.

V. Exemption Decision

    FMCSA is provisionally renewing 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 at an earlier date under Sec. V.D. below. The exemption from 
the requirements of 49 CFR 393.23, is otherwise effective from February 
9, 2023, through February 9, 2028, 11:59 p.m. EST unless rescinded.

A. Applicability of Exemption

    The exemption is restricted to motor carriers operating 
rechargeable wireless temporary stop, turn, and tail lighting systems 
that do not meet the lighting power supply requirements of 49 CFR 
393.23, provided the requirements of 49 CFR 393.17(b)(2) are met.

B. Terms and Conditions

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

C. 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.

D. 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

[[Page 24265]]

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 [email protected]. 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

    In accordance with 49 U.S.C. 31315(b), FMCSA requests public 
comment from all interested persons on TowMate's application for 
renewal of its exemption from 49 CFR 393.23.
    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 ADDRESSES 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 practicable. 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,
Administrator.
[FR Doc. 2023-08193 Filed 4-18-23; 8:45 am]
BILLING CODE 4910-EX-P


