[Federal Register Volume 87, Number 34 (Friday, February 18, 2022)]
[Notices]
[Pages 9419-9420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03568]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2021-0187]


Parts and Accessories Necessary for Safe Operation; Application 
for an Exemption From Pi Variables, Inc.

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

ACTION: Notice of application for exemption; request for comments.

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SUMMARY: FMCSA requests public comment on an application for exemption 
from Pi Variables, Inc. (Pi Variables) to allow sequential flashing 
light emitting diode (LED) flare warning devices to be deployed when 
CMVs are stopped upon the traveled portion of a highway or the shoulder 
of a highway for any cause other than necessary traffic stops.

DATES: Comments must be received on or before March 21, 2022.

ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2021-0187 using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=FMCSA-2021-0187. Follow the online 
instructions for submitting comments.
     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: Dockets Operations, U.S. 
Department of Transportation, 1200 New Jersey Avenue SE, West Building, 
Ground Floor, Room W12-140, Washington, DC 20590-0001, between 9 a.m. 
and 5 p.m., 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.
     Fax: (202) 493-2251.

FOR FURTHER INFORMATION CONTACT: Mr. Jos[eacute] R. Cestero, Vehicle 
and Roadside Operations Division, Office of Carrier, Driver, and 
Vehicle Safety, MC-PSV, (202) 366-5541, Federal Motor Carrier Safety 
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-0001. 
If you have questions on viewing or submitting material to the docket, 
call Dockets Operations at (202) 366-9826.

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 2021-0187), indicate the specific section of this 
document to which the comment applies, and provide a reason for each 
suggestion or recommendation. 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 FMCSA can contact you if there are questions regarding your 
submission.
    To submit your comment online, go to www.regulations.gov/#!docketDetail;D=FMCSA-2021-0187, click on the ``Comment Now!'' button 
and type your comment into the text box on 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.

Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
preamble as being available in the docket, go to http://www.regulations.gov/#!docketDetail;D=FMCSA-2021-0187 and choose the 
document to review. If you do not have access to the internet, you may 
view the docket online by visiting Dockets Operations in Room W12-140 
on the ground floor of the DOT West Building, 1200 New Jersey

[[Page 9420]]

Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., 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

    DOT solicits comments from the public to better inform its 
exemption process, in accordance with 5 U.S.C. 31315(b)(6). 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--Federal Docket Management System), which 
can be reviewed at www.transportation.gov/privacy.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31315(b) to grant exemptions 
from certain parts of the Federal Motor Carrier Safety Regulations 
(FMCSRs). FMCSA must publish a notice of each exemption request in the 
Federal Register (49 CFR 381.315(a)). The Agency must provide the 
public an opportunity to inspect the information relevant to the 
application, including any safety analyses that have been conducted. 
The Agency must also provide an opportunity for public comment on the 
request. The Agency reviews the safety analyses and the public comments 
and determines whether granting the exemption would likely achieve a 
level of safety equivalent to or greater than the level that would be 
achieved by the current regulation (49 CFR 381.305). The decision of 
the Agency must be published in the Federal Register (49 CFR 
381.315(b)). If the Agency denies the request, it must state the reason 
for doing so. If the decision is to grant the exemption, the notice 
must specify the person or class of persons receiving the exemption and 
the regulatory provision or provisions from which an exemption is 
granted. The notice must specify the effective period of the exemption 
(up to 5 years) and explain the terms and conditions of the exemption. 
The exemption may be renewed (49 CFR 381.315(c) and 49 CFR 381.300(b)).

Pi Variable's Application for Exemption

    The Federal Motor Carrier Safety Regulations require one of the 
following warning devices to be deployed when a CMV is stopped upon the 
traveled portion of a highway or the shoulder of a highway for any 
cause other than necessary traffic stops: (1) Three bidirectional 
emergency reflective triangles that conform to the requirements of 
Federal Motor Vehicle Safety Standard No. 125, Sec.  571.125 of this 
title; or (2) At least 6 fusees or 3 liquid-burning flares. The vehicle 
must have as many additional fusees or liquid-burning flares as are 
necessary to satisfy the requirements of Sec.  392.22, (3) Other 
warning devices may be used in addition to, but not in lieu of, the 
required warning devices, provided those warning devices do not 
decrease the effectiveness of the required warning devices. Pi 
Variables has applied for an exemption from 49 CFR 393.95(f)(2) to 
allow sequential flashing LED flare warning devices to be deployed in 
lieu of fusees or liquid- burning flares A copy of the exemption 
application is included in the docket referenced at the beginning of 
this notice.

Request for Comments

    In accordance with 49 U.S.C. 31315(b)(6), FMCSA requests public 
comment from all interested persons on Pi Variable's application for an 
exemption from 49 CFR 393.95(f)(2). 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.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2022-03568 Filed 2-17-22; 8:45 am]
BILLING CODE 4910-EX-P


