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4602 Federal Register / Vol. 84, No.

32 / Friday, February 15, 2019 / Notices

According to SFBR, this action is Mobile Downtown Airport, be used for load is wider than 2 feet, located to
excluded from environmental review aeronautical purposes. indicate the maximum width of loads
under 49 CFR 1105.6(c) and from The FAA is reviewing a request for an which extend beyond the sides and/or
historic reporting requirements under update to the Mobile Downtown Airport rear of the vehicle. The Agency has
49 CFR 1105.8(b). Layout Plan submitted by the Mobile determined that the lack of warning
Board decisions and notices are Airport Authority. The Airport Layout flags on stinger steered automobile
available at Plan update, if approved, would change transporter equipment when
Decided: February 12, 2018. the land use on 0.88 acres from transporting motor vehicles would not
aeronautical to non-aeronautical. The have an adverse impact on safety and
By the Board, Scott M. Zimmerman, Acting
Director, Office of Proceedings. property will then be leased for that adherence to the terms and
commercial development. The proceeds conditions of the exemption would
Brendetta Jones,
from the lease of this property will be achieve a level of safety equivalent to or
Clearance Clerk.
used for airport purposes. The proposed greater than the level of safety provided
[FR Doc. 2019–02555 Filed 2–14–19; 8:45 am] use of this property is compatible with by the regulation.
BILLING CODE 4915–01–P airport operations. DATES: This exemption is effective
Any person may inspect the request February 15, 2019 and ending February
in person at the FAA office listed above 15, 2024.
In addition, any person may, upon Luke Loy, Vehicle and Roadside
Federal Aviation Administration request, inspect the request, notice and Operations Division, Office of Carrier,
other documents germane to the request Driver, and Vehicle Safety, MC–PSV,
Notice of Opportunity for Public in person at the Mobile Downtown (202) 366–0676, Federal Motor Carrier
Comment on Non-Rule Making Action Airport (BFM). Safety Administration, 1200 New Jersey
To Change Land Use From Avenue SE, Washington, DC 20590–
Aeronautical to Non-Aeronautical at Issued in Jackson, Mississippi, on February 0001.
4, 2019. Docket: For access to the docket to
Mobile Downtown Airport, Mobile,
Alabama Rans D. Black, read background documents or
Manager, Jackson Airports District Office, comments submitted to notice
AGENCY: Federal Aviation Southern Region. requesting public comments on the
Administration, DOT. [FR Doc. 2019–02372 Filed 2–14–19; 8:45 am] exemption application, go to
ACTION: Notice. BILLING CODE 4910–13–P at any time or visit
SUMMARY: Notice is being given that the Room W12–140 on the ground level of
FAA is considering a request from the the West Building, 1200 New Jersey
DEPARTMENT OF TRANSPORTATION Avenue SE, Washington, DC, between 9
Mobile Airport Authority to waive the
requirement for one (1) parcel of surplus a.m. and 5 p.m., ET, Monday through
Federal Motor Carrier Safety
property totaling 0.88 acres, located on Friday, except Federal holidays. The on-
Mobile Downtown Airport, be used for line Federal document management
[Docket No. FMCSA–2018–0090] system is available 24 hours each day,
aeronautical purposes.
365 days each year. The docket number
DATES: Comments must be received on Parts and Accessories Necessary for is listed at the beginning of this notice.
or before March 18, 2019. Safe Operation; Application for an
ADDRESSES: Comments on this notice Exemption From the Automobile
may be mailed or delivered in triplicate Carriers Conference of the American Background
to the FAA at the following address: Trucking Associations FMCSA has authority under 49 U.S.C.
Jackson Airports District Office, Attn: 31136(e) and 31315 to grant exemptions
AGENCY: Federal Motor Carrier Safety
Kevin Morgan, Program Manager, 100 from certain parts of the Federal Motor
Administration (FMCSA), DOT.
West Cross Street, Suite B, Jackson, MS Carrier Safety Regulations. FMCSA must
ACTION: Notice of final disposition.
39208–2307. publish a notice of each exemption
In addition, one (1) copy of any SUMMARY: The Federal Motor Carrier request in the Federal Register (49 CFR
comments submitted to the FAA must Safety Administration (FMCSA) 381.315(a)). The Agency must provide
be mailed or delivered to Chris Curry, announces its decision to grant the the public an opportunity to inspect the
Executive Director, Mobile Airport Automobile Carriers Conference (ACC) information relevant to the application,
Authority at the following address: P.O. of the American Truck Associations including any safety analyses that have
Box 88004, Mobile, AL 36608–0004. (ATA) for a limited 5-year exemption to been conducted. The Agency must also
FOR FURTHER INFORMATION CONTACT: relieve motor carriers operating stinger provide an opportunity for public
Kevin Morgan, Program Manager, steered automobile transporter comment on the request.
Jackson Airports District Office, 100 equipment from the requirement to The Agency reviews safety analyses
West Cross Street, Suite B, Jackson, MS place warning flags on projecting loads and public comments submitted, and
39208–2307, (601) 664–9891. The land of new motor vehicles. The Federal determines whether granting the
release request may be reviewed in Motor Carrier Safety Regulations exemption would likely achieve a level
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person at this same location. (FMCSR) require any commercial motor of safety equivalent to, or greater than,
SUPPLEMENTARY INFORMATION: Under the vehicle (CMV) transporting a load the level that would be achieved by the
provisions of Title 49, U.S.C. 47153(c), which extends more than 4 feet beyond current regulation (49 CFR 381.305).
notice is being given that the FAA is the rear of the vehicle be marked with The decision of the Agency must be
considering a request from the Mobile a single red or orange fluorescent published in the Federal Register (49
Airport Authority to waive the warning flag at the extreme rear if the CFR 381.315(b)) with the reasons for
requirement for one (1) parcel of surplus projecting load is 2 feet wide or less, denying or granting the application and,
property totaling 0.88 acres, located on and two warning flags if the projecting if granted, the name of the person or

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Federal Register / Vol. 84, No. 32 / Friday, February 15, 2019 / Notices 4603

class of persons receiving the citations for being in violation of the flag Advocates for Highway and Auto Safety
exemption, and the regulatory provision requirements. (Advocates).
from which the exemption is granted. The ACC states that motor vehicles Mr. Earl, Mr. Suhre, and Mr. Welch
The notice must also specify the are the only commodity to be each provided comments supporting the
effective period and explain the terms transported that must adhere to the ACC application. Mr. Earl stated that the
and conditions of the exemption. The requirements of Federal Motor Vehicle reflex reflectors on the passenger
exemption may be renewed (49 CFR Safety Standard (FMVSS) No. 108, vehicles being transported provide
381.300(b)). ‘‘Lamps, reflective devices and significantly higher visibility than the
ACC’s Application for Exemption associated equipment,’’ and that FMCSS flags required by section 393.87 of the
No. 108 has required motor vehicles to FMCSRs, and that the ‘‘flags can damage
The ACC applied for an exemption be equipped with side-facing reflex the valuable passenger vehicles we
from 49 CFR 393.87 requesting that reflectors in addition to amber reflectors carry, causing significant waste and
motor carriers operating ‘‘stinger in the front of the vehicle and red discord with our customers and their
steered’’ automobile transporter reflectors in the rear of the vehicle since customers.’’ In addition, Mr. Earl stated:
equipment be relieved from the 1968. The ACC contends that the The rule itself is sound and makes sense,
requirement to place warning flags on reflective devices that are required to be but in the specific case of auto hauling it
projecting loads of new motor vehicles. on the vehicles being transported, along becomes burdensome and does not add to the
Stinger steered vehicles are those with with the required lighting and safety of the motoring public. It further adds
the fifth wheel hitch located on a drop conspicuity treatments on the trailer confusion from an enforcement perspective.
frame behind and belowthe rear-most ‘‘more than adequately adhere to the Our car haulers often find themselves cited
axle of the power unit. A copy of the intent of Sec. 383.87 in notifying the by local law enforcement, have been forced
application is included in the docket motoring public that a load extends to turn on lights on the cars we carry before
referenced at the beginning of this being allowed to leave the scale or other such
more than four feet beyond the rear of measures employed by the states in an effort
notice. the trailer.’’ In addition, ACC states that to comply with this unnecessary rule.
Section 393.87 of the FMCSRs FMVSS No. 108 imposes specific
requires any CMV transporting a load performance criteria for the required Mr. Suhre stated that ‘‘the vehicles we
which extends beyond the sides by reflectors, whereas there are no such transport, by their very nature, meet
more than 4 inches, or more than 4 feet performance requirements for the flags Federal conspicuity requirements in
beyond the rear, to have the extremities required by the FMCSRs. both daytime and nighttime,’’ and also
of the load marked with red or orange The ACC states that the automobile noted that ‘‘vehicle manufacturers
fluorescent warning flags. Each warning transporter vehicle population is a prohibit us from attaching any items to
flag must be at least 18 inches square. fraction of the overall CMV population, the vehicles during transport.’’ Like Mr.
There must be a single flag at the consisting of approximately 16,000 Earl, Mr. Suhre noted that drivers ‘‘have
extreme rear if the projecting load is 2 units, and that the stinger steered even been required to climb up on the
feet wide or less, and two warning flags vehicle population is a subset of that. trailer to turn on the headlights and/or
are required if the projecting load is Further, ACC notes that since the taillights of a cargo unit before being
wider than 2 feet. The flags must be enactment of the FAST Act, the industry allowed to leave an inspection site.’’ Mr.
located to indicate the maximum width has not experienced an increase in Welch stated:
of loads which extend beyond the sides collisions into the rear end of trucks The flag requirements on loads extending
and/or rear of the vehicle. with the additional 2 feet of allowable beyond four feet from the rear of a trailer
In its application, the ACC states overhang. The ACC states that makes perfect sense when that load consists
‘‘With the enactment of the FAST ‘‘Statistics show that the accident of a telephone pole, a ladder, or some other
[Fixing America’s Surface frequency of collisions into the rear end object, in order to alert the motoring public
Transportation] Act in December 2015, of auto transporters is miniscule with a to its existence. . . . As ACC stated in its
stinger steered automobile transporter rate of less than 0.05%.’’ petition request, the current flag placing
equipment are permitted a rear requirement is impractical when dealing
The exemption would apply to all
with motor vehicles. Attaching flags on the
vehicular overhang allowance of not motor carriers operating stinger steered vehicle at the rear of the transporter and to
less than six feet. [49 U.S.C. automobile transporter equipment. The the side of the vehicle being transported will
31111(b)(1)(G)] Prior to the enactment of ACC believes that the reflex reflectors ultimately result in unacceptable damage to
the FAST Act, the minimum rear that are required to be installed on the the finish of the new vehicle.
overhang allowance for all automobile new motor vehicles being transported,
transporters was a minimum of four in conjunction with the various marking Mr. Welch, like Mr. Earl, noted that
feet. [23 CFR Sec. 658.13(e)(ii)] and conspicuity requirements required attaching flags on the vehicle at the rear
The ACC states: on the trailer transporting the new of the transporter and to the side of the
vehicles, provide a level of safety that is vehicle being transported will result in
The transportation of new motor vehicles vehicle damage. In addition, Mr. Welch
poses a dilemma in adhering to the flag greater than that achieved by the
requirements. Affixing flags or anything else warning flags required by the FMCSRs. stated:
to the surfaces of the vehicles is not allowed The fact that our vehicles must meet
by vehicle manufacturers as it can lead to
Comments NHTSA lighting standards, including those
scratches and other damage to the vehicle. FMCSA published a notice of the for reflex reflectors, in addition to the
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Auto transporters have attempted to adhere application in the Federal Register on lighting and conspicuity of the trailers is
to the intent of the regulations by affixing February 27, 2018, and asked for public more than enough to alert the motoring
flags at the end of the trailers (see comment (83 FR 8569). The Agency public that a load extension exists. As the
attachments). This in itself can still lead to petition request states, NHTSA requirements
vehicle damage by virtue of the flag rubbing
received four comments: Rick Earl from are quantifiable standards whereby no such
on the vehicle surface. However, this attempt United Road; Brian Suhre from Cassens reflective standards exist for flags, as
to comply with the regulatory intent does not Transport Company; Kirk Welch from required by the FMCSA. This ultimately
adhere to the letter of the regulations and has Toyota Logistics Services, Inc.; and results in providing for a safer highway
resulted in carriers receiving numerous Shaun Kildare and Peter Kurdock from environment for the traveling public.

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4604 Federal Register / Vol. 84, No. 32 / Friday, February 15, 2019 / Notices

Advocates opposed the ACC that extend more than 4 feet beyond the the ‘‘additional threat to public safety
application because it believes (1) that rear of a vehicle be marked with that would result from removing
the requirement for warning flags in the warning flags ‘‘to indicate the maximum warning flags from these longer loads,’’
FMCSRs and the requirement for reflex width of loads which extend beyond the the Agency is required to make a
reflectors in the FMVSSs are intended to sides and/or rear of the vehicle.’’ determination that it is likely that an
address two distinct areas of public [Emphasis added.] The FMCSRs require equivalent or greater level of safety will
safety, (2) increasing the overhang a single flag if the projecting load is 2 be maintained prior to granting any
length for stinger steered automobile feet wide or less, and two flags if the temporary exemption. As discussed
transporters significantly heightens the projecting load is wider than 2 feet. The above, FMCSA believes that the
need for proper warnings to the public flags are critical when the extending transport of automobiles via stinger
of these new longer loads, and (3) there load may not be easily identifiable to steered auto transporters is a unique
has not been enough time to determine the motoring public (i.e., logs, building situation as compared to the
the real world on-road effects of the new materials), and/or when the load may transportation of other items because
overhang standard. Specifically with not extend across the entire width of the automobiles extend across virtually the
respect to its concerns about the vehicle being used to transport the entire width of the stinger steered auto
adequacy of reflex reflectors to provide item(s). transporter, and are easily identifiable
warning of an overhanging load, However, the Agency believes that the as automobiles to the motoring public.
Advocates stated: transport of automobiles that are Further, the automobile transporter
permitted, by statute, to extend up to 6 vehicle population is a very small
The reflectors required by FMVSS 108 are
intended to ensure that passenger motor
feet beyond the rearmost portion of a fraction of the overall commercial
vehicles operated by the public can be stinger steered auto transporter is a vehicle population, consisting of
identified by other road users. They are not unique situation as compared to the approximately 16,000 units, with the
designed not would the public be expected transportation of other items because stinger steered vehicle population a
to understand that the reflectors (required automobiles extend across virtually the subset of those 16,000 vehicles. The
since 1968 for this sole purpose) are also entire width of the stinger steered auto very limited exposure of these stinger
intended to indicate that a CMV is carrying transporter, and are easily identifiable steered auto transporters, coupled with
an unusually wide or overhanging load off as automobiles to the motoring public. the fact that the automobiles they are
and well above the surface of the roadway. This is especially true if the rearmost
Compliance with a FMVSS by an automobile
hauling are easily identifiable by
manufacturer is in no way a substitute for a
automobile being transported faces the oncoming motorists leads FMCSA to
motor carrier complying with an FMCSR. front of the auto transporter, as the rear believe that granting the temporary
These two sets of separate regulations are of the automobile is required to be exemption is likely to provide a level of
intended to address two distinct areas of equipped with two reflex reflectors,1 safety that is equivalent to, or greater
public safety. In addition, there is no data located as far apart as practicable, that than, the level of safety achieved
presented in the Application that shows that meet the photometric requirements without the exemption.
reflectors installed on a passenger motor specified in FMVSS No. 108. To the
vehicle provide the intended effect of contrary, section 387 of the FMCSRs Terms and Conditions for the
warning flags placed on a CMV carrying requires extending loads to be marked Exemption
overhanging freight. The Agency hereby grants the
with ‘‘red or orange fluorescent warning
While acknowledging that the FAST Act flags,’’ but does not impose any specific exemption for a 5-year period,
extended the rear overhang length for photometric requirements for these beginning February 15, 2019 and ending
stinger steered automobile transporters, flags, i.e., required level of visibility February 15, 2024. During the
Advocates notes that ‘‘Section 5520 of from a certain distance, etc. While temporary exemption period, motor
the FAST Act did not include, and FMVSS No. 108 does not require the carriers operating stinger steered
Congress did not intend, to permit an front of automobiles to be equipped automobile transporter equipment will
exemption from the warning flag with reflex reflectors, FMCSA believes not have to place warning flags on
requirement of the FMCSRs.’’ Further, that even if the rearmost automobile projecting loads of motor vehicles that
Advocates expressed concern that being transported is facing the rear of extend up to 6 feet from the rear of the
carriers transporting automobiles have the auto transporter, oncoming automobile transporter.
not developed any practical alternatives motorists will easily identify the The exemption will be valid for 5
to comply with the regulation, such as extending load as an automobile that years unless rescinded earlier by
flags that do not damage the surface of extends across the full width of the auto FMCSA. The exemption will be
an automobile, instead of seeking an transporter. rescinded if: (1) Motor carriers and/or
exemption from a critical safety FMCSA acknowledges Advocates’ commercial motor vehicles fail to
regulation. comment that the longer, 6-foot comply with the terms and conditions
overhang has only been permitted for a of the exemption; (2) the exemption has
FMCSA Decision relatively short period of time, and as resulted in a lower level of safety than
The FMCSA has evaluated the ACC such, it is difficult to determine what— was maintained before it was granted; or
exemption application, and the if any—impact the new standard has (3) continuation of the exemption would
comments received. The Agency had on safety. Nonetheless, the FAST not be consistent with the goals and
believes that granting the temporary Act expressly permits stinger steered objectives of 49 U.S.C. 31136(e) and
exemption to relieve motor carriers automobile transporters to carry loads 31315(b).
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operating stinger steered automobile that overhang the rear by 6 feet. Interested parties possessing
transporters from the requirement to Regarding Advocates’ concern that there information that would demonstrate
place warning flags on projecting loads has not been enough time to determine that motor carriers operating stinger
of new motor vehicles will provide a steered automobile transporter
level of safety that is equivalent to, or 1 Reflex reflector is defined in section 393.5 of the
equipment with projecting loads of
greater than, the level of safety achieved FMCSRs as ‘‘A device which is used on a vehicle motor vehicles up to 6 feet from the rear
to give an indication to an approaching driver by
without the exemption. Section reflected light from the lamps on the approaching of the automobile transporter are not
393.87(b) of the FMCSRs requires loads vehicle.’’ achieving the requisite statutory level of

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Federal Register / Vol. 84, No. 32 / Friday, February 15, 2019 / Notices 4605

safety should immediately notify Information Act and Privacy Act of • Hand Delivery or Courier: West
FMCSA. The Agency will evaluate any 1974, including requests for review of Building Ground Floor, Room W12–140,
such information and, if safety is being final denials of such requests. As a 1200 New Jersey Ave. SE, between 9
compromised or if the continuation of result of a biennial review of this a.m. and 5 p.m. ET, Monday through
the exemption is not consistent with 49 system, records have been updated Friday, except Federal Holidays.
U.S.C. 31136(e) and 31315(b), will take within the following sections; Security • Fax: (202) 493–2251.
immediate steps to revoke the Classification to include classified and Instructions: You must include the
exemption. sensitive records, Categories of agency name and docket number DOT–
Preemption Individuals to include individuals OST–2018–0155. All comments
making requests on behalf of the subject received will be posted without change
In accordance with 49 U.S.C. individual and individuals whose to, including
31313(d), as implemented by 49 CFR requests have been referred to the any personal information provided.
381.600, during the period this Department for processing by other Privacy Act: Anyone is able to search
exemption is in effect, no State shall agencies as well as individuals involved the electronic form of all comments
enforce any law or regulation applicable in processing and responding to received in any of our dockets by the
to interstate commerce that conflicts requests and/or appeals, Categories of name of the individual submitting the
with or is inconsistent with this Records to provide greater clarity of the comment (or signing the comment, if
exemption with respect to a firm or type of records and information submitted on behalf of an association,
person operating under the exemption. included in the system, Purposes to business, labor union, etc.). You may
States may, but are not required to, include responding to litigation review the Department of
adopt the same exemption with respect associated with requests, and other Transportation’s complete Privacy Act
to operations in intrastate commerce. activities required to assist the statement in the Federal Register
Issued on: December 13, 2019. Department in executing its published on April 11, 2000 (65 FR
Raymond P. Martinez, responsibilities, Routine Uses to include 19477–78), or you may visit http://
Administrator. three new routine uses to support
[FR Doc. 2019–02378 Filed 2–14–19; 8:45 am] processing of FOIA and Privacy Act Docket: For access to the docket to
BILLING CODE 4910–EX–P requests, appeals and amendments, and read background documents or
to facilitate understanding of DOT comments received, go to http://
processes, Retrievability to expand the or to the street
DEPARTMENT OF TRANSPORTATION set of identifiers that may be used to address listed above. Follow the online
retrieve cases, System Manager to instructions for accessing the docket.
Office of the Secretary provide information on where to find FOR FURTHER INFORMATION CONTACT: For
[Docket No. DOT–OST–2018–0155] operating administration specific questions, please contact: Claire W.
contacts, and Exemptions Claimed to Barrett, Departmental Chief Privacy
Privacy Act of 1974; Department of clarify that records requested from other Officer, Office of the Chief Information
Transportation, Office of the Secretary systems are not part of this system of Officer, Department of Transportation,
of Transportation; DOT/ALL–17; records. Additionally, this notice Washington, DC 20590; privacy@
Freedom of Information and Privacy includes non-substantive changes to; or 202.527.3284.
Act Case Files simplify the language, formatting, and SUPPLEMENTARY INFORMATION:
text of the previously published notice
AGENCY: Office of the Departmental I. Background
to align with the requirements of Office
Chief Information Officer, Office of the
of Memorandum and Budget In accordance with the Privacy Act of
Secretary of Transportation, DOT.
Memoranda A–108. This updated 1974, 5 U.S.C. 552a, the Department of
ACTION: Notice of Privacy Act modified system, titled Freedom of Information
system of records and rescission of Transportation (DOT)/Office of the
Act and Privacy Act Case Files, will be Secretary (OST) proposes to update and
system of records. included in the Department of reissue a current DOT wide system of
SUMMARY: In accordance with the Transportation’s inventory of record records titled, ‘‘Department of
Privacy Act of 1974, the Department of systems. Transportation/ALL—017 Freedom of
Transportation proposes to update and DATES: Written comments should be Information Act and Privacy Act Case
reissue a current Department of submitted on or before March 18, 2019. Files.’’ The Department also intends to
Transportation system of records titled, The Department may publish an rescind the following legacy system,
‘‘Department of Transportation—DOT/ amended Systems of Records Notice in ‘‘DOT/MARAD 003 Freedom of
ALL 017 Freedom of Information Act light of any comments received. This Information and Privacy Request
(FOIA) and Privacy Act Case Files new system will be applicable March Records’’ and consolidate records
System of Records.’’ The Department 18, 2019. managed under that Notice as part of the
also intends to consolidate the following same.
legacy system, ‘‘DOT/MARAD 003 ADDRESSES: You may submit comments, The updated system of records
Freedom of Information and Privacy identified by docket number DOT–OST– consists of information created and used
Request Records’’ as part of the same 2018–0155 by any of the following by the Department’s Freedom of
and rescind DOT/MARAD 003. methods: Information Act (FOIA) and Privacy Act
• Federal e-Rulemaking Portal: http://
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This system of records will allow the (PA) staff to process requests as well as
Department of Transportation, to Follow the to manage the FOIA and PA programs.
include its Operating Administrations, instructions for submitting comments. The publication of this updated
the Office of the Inspector General, and • Mail: Docket Management Facility, system of records notice supports DOT
Secretarial Offices, to collect and retain U.S. Department of Transportation, 1200 efforts to ensure that all DOT Operating
records and related correspondence on New Jersey Ave. SE, West Building Administrations, Secretarial Offices,
individuals who have filed requests for Ground Floor, Room W12–140, and the Office of the Inspector General
information under the Freedom of Washington, DC 20590–0001. implement their Privacy Act obligations

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