81_FR_14228 81 FR 14177 - Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Great Lakes Timber Professionals Association

81 FR 14177 - Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Great Lakes Timber Professionals Association

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 51 (March 16, 2016)

Page Range14177-14179
FR Document2016-05908

FMCSA requests public comment on an application for exemption from the Great Lakes Timber Professionals Association (GLTPA) to allow GLTPA motor carriers in Wisconsin to use cargo securement methods that do not comply with the Federal Motor Carrier Safety Regulations (FMCSRs) for securing shortwood logs transported lengthwise in crib- type vehicles that have been modified or manufactured without front structures, rear structures, or which have a center-mounted crane for loading and unloading. The GLTPA and the Wisconsin State Patrol Motor Carrier Enforcement Section partnered to conduct cargo securement testing on stacks of shortwood logs in a crib-type vehicle using different tiedown configurations. Based on this testing, GLTPA believes that the alternative cargo securement methods for securing shortwood logs loaded lengthwise proposed in its application will maintain a level of safety that is equivalent to, or greater than, the level of safety achieved without the exemption. The GLTPA is requesting this temporary exemption in advance of petitioning FMCSA to conduct a rulemaking to amend 49 CFR 393.116.

Federal Register, Volume 81 Issue 51 (Wednesday, March 16, 2016)
[Federal Register Volume 81, Number 51 (Wednesday, March 16, 2016)]
[Notices]
[Pages 14177-14179]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05908]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0081]


Parts and Accessories Necessary for Safe Operation; Application 
for an Exemption From Great Lakes Timber Professionals Association

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

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

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

SUMMARY: FMCSA requests public comment on an application for exemption 
from the Great Lakes Timber Professionals Association (GLTPA) to allow 
GLTPA motor carriers in Wisconsin to use cargo securement methods that 
do not comply with the Federal Motor Carrier Safety Regulations 
(FMCSRs) for securing shortwood logs transported lengthwise in crib-
type vehicles that have been modified or manufactured without front 
structures, rear structures, or which have a center-mounted crane for 
loading and unloading. The GLTPA and the Wisconsin State Patrol Motor 
Carrier Enforcement Section partnered to conduct cargo securement 
testing on stacks of shortwood logs in a crib-type vehicle using 
different tiedown configurations. Based on this testing, GLTPA believes 
that the alternative cargo securement methods for securing shortwood 
logs loaded lengthwise proposed in its application will maintain a 
level of safety that is equivalent to, or greater than, the level of 
safety achieved without the exemption. The GLTPA is requesting this 
temporary exemption in advance of petitioning FMCSA to conduct a 
rulemaking to amend 49 CFR 393.116.

DATES: Comments must be received on or before April 15, 2016.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2016-0081 using any of the 
following methods:
     Web site: http://www.regulations.gov. Follow the 
instructions for submitting comments on the Federal electronic docket 
site.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, Room W12-140, 1200 New Jersey Avenue SE., Washington, 
DC 20590-0001.
     Hand Delivery: Ground Floor, Room W12-140, DOT Building, 
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m. 
e.t., Monday-Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and 
docket number for this notice. For detailed instructions on submitting 
comments and additional information on the exemption process, see the 
``Public Participation'' heading below. Note that all comments received 
will be posted without change to http://www.regulations.gov, including 
any personal information provided. Please see the ``Privacy Act'' 
heading for further information.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov or to Room W12-140, 
DOT Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking 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.
    Public participation: The http://www.regulations.gov Web site is 
generally available 24 hours each day, 365 days each year. You may find 
electronic submission and retrieval help and guidelines under the 
``help'' section of the http://www.regulations.gov Web site as well as 
the DOT's http://docketsinfo.dot.gov Web site. If you would like 
notification that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgment 
page that appears after submitting comments online.

FOR FURTHER INFORMATION CONTACT: Mr. Luke W. Loy, Vehicle and Roadside 
Operations Division, Office of Bus and Truck Standards and Operations, 
MC-PSV, (202) 366-0676; Federal Motor Carrier Safety Administration, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

Background

    Section 4007 of the Transportation Equity Act for the 21st Century 
(TEA- 21) [Pub. L. 105-178, June 9, 1998, 112 Stat. 401] amended 49 
U.S.C. 31315 and 31136(e) to provide authority to grant exemptions from 
the Federal Motor Carrier Safety Regulations (FMCSRs). On August 20, 
2004, FMCSA published a final rule (69 FR 51589) implementing

[[Page 14178]]

section 4007. Under this rule, FMCSA must publish a notice of each 
exemption request in the Federal Register (49 CFR 381.315(a)). The 
Agency must provide the public with 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 2 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)).

GLTPA Application for Exemption

    The GLTPA has applied for an exemption from 49 CFR 393.116 to allow 
GLTPA motor carriers in Wisconsin to transport shortwood logs in crib-
type log trailers with fewer tiedowns than required by the regulation. 
A copy of the application is included in the docket referenced at the 
beginning of this notice.
    Section 393.116 of the FMCSRs, ``What are the rules for securing 
logs?,'' provides commodity specific cargo securement requirements for 
the transportation of logs on trucks and trailers, and are in addition 
to the general cargo securement requirements specified in Sec. Sec.  
393.100--393.114 of the FMCSRs. Sections 393.116(b), ``Components of a 
securement system,'' and 393.116(c), ``Use of securement system'' 
provide general requirements for the securement of logs.
    Specifically with respect to the securement of shortwood logs 
loaded lengthwise on flatbed and frame vehicles, Sec.  393.116(e) of 
the FMCSRs requires--in addition to meeting the requirements of Sec.  
393.116(b) and (c)--each stack to be cradled in a bunk unit or 
contained by stakes, and (1) secured to the vehicle by at least two 
tiedowns, or (2) if all the logs in any stack are blocked in the front 
by a front-end structure strong enough to restrain the load, or by 
another stack of logs, and blocked in the rear by another stack of logs 
or vehicle end structure, the stack may be secured with one tiedown. If 
one tiedown is used, it must be positioned about midway between the 
stakes, or (3) be bound by at least two tiedown-type devices such as 
wire rope, used as wrappers that encircle the entire load at locations 
along the load that provide effective securement. If wrappers are being 
used to bundle the logs together, the wrappers are not required to be 
attached to the vehicle.
    However, 49 CFR 393.116(b)(3)(i) notes that tiedowns are not 
required for logs transported in crib-type trailers, as defined in 49 
CFR 393.5, provided that the logs are loaded in compliance with 
Sec. Sec.  393.116(b)(2) and 393.116(c) of the FMCSRs. Crib-type 
trailers use stakes, bunks, a front-end structure, and a rear structure 
to restrain logs on trailers. The stakes prevent movement of logs from 
side to side on the vehicle while the front-end and rear structures 
prevent movement of the logs from front to back on the vehicle. The 
intent of such systems is to enable motor carriers to transport logs 
without the use of wrapper chains or straps to secure the load, thereby 
expediting the loading and unloading process.
    In its exemption application, GLTPA states that questions have 
arisen between industry and enforcement regarding the proper securement 
of logs in crib-type trailers when modifications to those trailers have 
been made--including the lack of a front or rear structure (either 
because the vehicle was manufactured without front or rear structures, 
or because motor carriers have removed them) and the addition of a 
center-mounted crane for loading and unloading the logs. GLTPA states 
that ``In these cases, because the specific definition of a crib-type 
vehicle has not been met, enforcement has reverted to 49 CFR 
393.116(e), which addresses logs loaded lengthwise on flatbed and frame 
vehicles. Here, logs that are contained by structures or another stack 
of logs require one tie down. Stacks that do not have this containment 
such as end stacks without front/rear structures or those adjacent to a 
center-mounted crane would require two tiedowns.''
    In its exemption application, GLTPA references a ``Cargo Securement 
Enforcement Policy'' memorandum, dated December 31, 2003, from the 
FMCSA Assistant Administrator to its Field Administrators and Division 
Administrators.\1\ Specifically as it relates to the subject exemption 
application, the December 2003 memorandum states ``Also, industry has 
requested the section 393.116 be amended to allow one tiedown per bunk, 
spaced equally between the standards, when transporting short length 
logs loaded lengthwise between the first two standards and between the 
last two standards. They believe the current wording requiring the use 
of two tiedowns is unnecessary given the bunks and standards . . . With 
regard to allowing the use of one tiedown per bunk for shortwood logs 
loaded lengthwise between the first two standards and between the last 
two standards, FMCSA believes one tiedown is sufficient given the 
standards used to protect against lateral movement.''
---------------------------------------------------------------------------

    \1\ A copy of the Cargo Securement Enforcement Policy memorandum 
is included in the docket referenced at the beginning of this 
notice.
---------------------------------------------------------------------------

    The GLTPA states ``This language suggests that end stacks not 
protected by front and rear structures, but contained by stakes, bunks, 
or standards, would require one tiedown. By extension, this would also 
suggest that a crib-type trailer without front and rear structures 
would require one tiedown on each of the end stacks. It is GLTPA's 
position that the interior stacks, which are protected by adjacent 
stacks of logs, should not be required to have tiedowns, provided they 
are loaded in accordance with 49 CFR 393.116(b)(3). With the front and 
rear stacks secured, the configuration is essentially now acting as a 
crib-type vehicle.''
    To ensure that this interpretation would not reduce safety, GLTPA 
and the Wisconsin State Patrol Motor Carrier Enforcement Section 
partnered to test the use of a single tiedown on a stack of logs 
contained in a crib-type configuration. GLTPA states ``Specifically, a 
load was subjected to various simulated longitudinal g forces. Although 
not directly applicable to the cargo-specific requirements for logs, 
the tiedown performance criteria outlined in 49 CFR 393.102 was used as 
guidance.''
    GLTPA states that the testing showed ``a single tiedown, on 
average, was able to maintain a stack of low-friction logs under winter 
conditions to approximately 0.5 g. This average was increased to 0.63 g 
for high-friction hardwood logs. It is noted that 0.8 g was obtained 
through the use of two tiedowns.'' Copies of the testing performed by 
GLTPA and the Wisconsin State Patrol Motor Carrier Enforcement Section 
in support of the exemption application are contained in the docket.
    In considering the December 2003 FMCSA Cargo Securement Enforcement 
Policy memorandum, the cargo securement requirements for crib-type 
vehicles in the FMCSRs, and the testing

[[Page 14179]]

described above, GLTPA requests an exemption from section 393.116 for 
the securement of shortwood loaded lengthwise. Specifically, GLTPA 
requests:
    1. Logs transported in a crib or bunk type vehicle without a front 
structure will require at least two tiedowns on the foremost stack. All 
other stacks will not require tiedowns provided they are loaded in 
accordance with 49 CFR 393.116 (b)(2) and 49 CFR 393.116(c).
    2. Logs transported in a crib or bunk vehicle without a rear 
structure will require at least one tie down on the rearmost stack. All 
other stacks will not require tiedowns provided they are loaded in 
accordance with 49 CFR 393.116 (b)(2) and 49 CFR 393.116(c).
    3. Logs transported in a crib or bunk type vehicle having an 
internal gap between stacks such that a log could theoretically move in 
the forward or rearward direction and not be continually in contact 
with at least two stakes, bunks, bolsters or standards would require at 
least one tiedown on that stack.
    4. When one tiedown is used, it must be positioned about midway 
between the stakes or cross diagonally from the front to the rear 
crossing midway over the stack.
    GLTPA states ``Although the 2003 Enforcement Policy cites a single 
tiedown on the foremost stack, input from GLTPA member carriers has 
suggested requiring two for increased driver safety. Wisconsin State 
Patrol testing also found that two tiedowns have the capability of 
maintaining the load under a simulated longitudinal force of 0.8 g. 
This value exceeds heavy vehicle braking ability, and therefore 
provides an added element of safety in the event of a crash. The GLTPA 
and the Wisconsin State Patrol believe that this exemption will provide 
relief to the timber industry without compromising safety. Furthermore, 
these requirements will make the inherent safety aspects of crib-type 
vehicles more attractive to carriers in comparison to traditional frame 
vehicles with logs loaded crosswise.''

Request for Comments

    In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests 
public comment from all interested persons on the GLTPA application for 
an exemption from certain cargo securement requirements of 49 CFR 
393.116. 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 continue to file relevant 
information in the public docket that becomes available after the 
comment closing date. Interested persons should continue to examine the 
public docket for new material.

    Issued on: March 3, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-05908 Filed 3-15-16; 8:45 am]
 BILLING CODE 4910-EX-P



                                                                              Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Notices                                           14177

                                                  to the attention of the Desk Officer,                   DEPARTMENT OF TRANSPORTATION                          between 9 a.m. and 5 p.m. e.t., Monday–
                                                  Department of Transportation/FAA, and                                                                         Friday, except Federal holidays.
                                                  sent via electronic mail to oira_                       Federal Motor Carrier Safety                             Instructions: All submissions must
                                                  submission@omb.eop.gov, or faxed to                     Administration                                        include the Agency name and docket
                                                  (202) 395–6974, or mailed to the Office                                                                       number for this notice. For detailed
                                                                                                          [Docket No. FMCSA–2016–0081]
                                                  of Information and Regulatory Affairs,                                                                        instructions on submitting comments
                                                  Office of Management and Budget,                        Parts and Accessories Necessary for                   and additional information on the
                                                  Docket Library, Room 10102, 725 17th                    Safe Operation; Application for an                    exemption process, see the ‘‘Public
                                                  Street NW., Washington, DC 20503.                       Exemption From Great Lakes Timber                     Participation’’ heading below. Note that
                                                    Public Comments Invited: You are                      Professionals Association                             all comments received will be posted
                                                  asked to comment on any aspect of this                                                                        without change to http://
                                                  information collection, including (a)                   AGENCY: Federal Motor Carrier Safety                  www.regulations.gov, including any
                                                  Whether the proposed collection of                      Administration (FMCSA), DOT.                          personal information provided. Please
                                                  information is necessary for FAA’s                      ACTION: Notice of application for                     see the ‘‘Privacy Act’’ heading for
                                                  performance; (b) the accuracy of the                    exemption; request for comments.                      further information.
                                                  estimated burden; (c) ways for FAA to                                                                            Docket: For access to the docket to
                                                  enhance the quality, utility and clarity                SUMMARY:   FMCSA requests public                      read background documents or
                                                  of the information collection; and (d)                  comment on an application for                         comments received, go to http://
                                                  ways that the burden could be                           exemption from the Great Lakes Timber                 www.regulations.gov or to Room W12–
                                                  minimized without reducing the quality                  Professionals Association (GLTPA) to                  140, DOT Building, 1200 New Jersey
                                                  of the collected information. The agency                allow GLTPA motor carriers in                         Avenue SE., Washington, DC, between 9
                                                  will summarize and/or include your                      Wisconsin to use cargo securement                     a.m. and 5 p.m., Monday through
                                                  comments in the request for OMB’s                       methods that do not comply with the                   Friday, except Federal holidays.
                                                  clearance of this information collection.               Federal Motor Carrier Safety                             Privacy Act: In accordance with 5
                                                                                                          Regulations (FMCSRs) for securing                     U.S.C. 553(c), DOT solicits comments
                                                  FOR FURTHER INFORMATION CONTACT:                        shortwood logs transported lengthwise                 from the public to better inform its
                                                  Ronda Thompson at (202) 267–1416, or                    in crib-type vehicles that have been                  rulemaking process. DOT posts these
                                                  by email at: Ronda.Thompson@faa.gov.                    modified or manufactured without front                comments, without edit, including any
                                                  SUPPLEMENTARY INFORMATION:                              structures, rear structures, or which                 personal information the commenter
                                                     OMB Control Number: 2120–0001.                       have a center-mounted crane for loading               provides, to www.regulations.gov, as
                                                                                                          and unloading. The GLTPA and the                      described in the system of records
                                                     Title: Notice of Proposed Construction               Wisconsin State Patrol Motor Carrier                  notice (DOT/ALL–14 FDMS), which can
                                                  or Alteration, Notice of Actual                         Enforcement Section partnered to                      be reviewed at www.dot.gov/privacy.
                                                  Construction or Alteration, Project                     conduct cargo securement testing on                      Public participation: The http://
                                                  Status Report.                                          stacks of shortwood logs in a crib-type               www.regulations.gov Web site is
                                                     Form Numbers: FAA Form 7460–1.                       vehicle using different tiedown                       generally available 24 hours each day,
                                                     Type of Review: Revision of an                       configurations. Based on this testing,                365 days each year. You may find
                                                  information collection.                                 GLTPA believes that the alternative                   electronic submission and retrieval help
                                                     Background: The Federal Register                     cargo securement methods for securing                 and guidelines under the ‘‘help’’ section
                                                  Notice with a 60-day comment period                     shortwood logs loaded lengthwise                      of the http://www.regulations.gov Web
                                                  soliciting comments on the following                    proposed in its application will                      site as well as the DOT’s http://
                                                  collection of information was published                 maintain a level of safety that is                    docketsinfo.dot.gov Web site. If you
                                                  on January 4, 2016 (81 FR 139). 49                      equivalent to, or greater than, the level             would like notification that we received
                                                  U.S.C. 44718 states that the Secretary of               of safety achieved without the                        your comments, please include a self-
                                                  Transportation shall require notice of                  exemption. The GLTPA is requesting                    addressed, stamped envelope or
                                                  structures that may affect navigable                    this temporary exemption in advance of                postcard or print the acknowledgment
                                                  airspace, air commerce, or air capacity.                petitioning FMCSA to conduct a                        page that appears after submitting
                                                  These notice requirements are contained                 rulemaking to amend 49 CFR 393.116.                   comments online.
                                                  in 14 CFR part 77. The frequency                        DATES: Comments must be received on                   FOR FURTHER INFORMATION CONTACT: Mr.
                                                  information is currently collected via                  or before April 15, 2016.                             Luke W. Loy, Vehicle and Roadside
                                                  FAA forms 7460–1.                                       ADDRESSES: You may submit comments                    Operations Division, Office of Bus and
                                                     Respondents: Approximately 2400                      bearing the Federal Docket Management                 Truck Standards and Operations, MC–
                                                  annually.                                               System (FDMS) Docket ID FMCSA–                        PSV, (202) 366–0676; Federal Motor
                                                     Frequency: Information is collected                  2016–0081 using any of the following                  Carrier Safety Administration, 1200
                                                  on occasion.                                            methods:                                              New Jersey Avenue SE., Washington,
                                                     Estimated Average Burden per                            • Web site: http://                                DC 20590–0001.
                                                  Response: .2 hours.                                     www.regulations.gov. Follow the                       SUPPLEMENTARY INFORMATION:
                                                                                                          instructions for submitting comments
                                                     Estimated Total Annual Burden: 480                   on the Federal electronic docket site.                Background
                                                  hours.                                                     • Fax: 1–202–493–2251.                                Section 4007 of the Transportation
                                                                                                             • Mail: Docket Management Facility,
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                    Issued in Washington, DC, on March 9,                                                                       Equity Act for the 21st Century (TEA–
                                                  2016.                                                   U.S. Department of Transportation,                    21) [Pub. L. 105–178, June 9, 1998, 112
                                                  Ronda Thompson,                                         Room W12–140, 1200 New Jersey                         Stat. 401] amended 49 U.S.C. 31315 and
                                                  FAA Information Collection Clearance                    Avenue SE., Washington, DC 20590–                     31136(e) to provide authority to grant
                                                  Officer, Performance, Policy & Records                  0001.                                                 exemptions from the Federal Motor
                                                  Management Branch, ASP–110.                                • Hand Delivery: Ground Floor, Room                Carrier Safety Regulations (FMCSRs).
                                                  [FR Doc. 2016–05826 Filed 3–15–16; 8:45 am]             W12–140, DOT Building, 1200 New                       On August 20, 2004, FMCSA published
                                                  BILLING CODE 4910–13–P                                  Jersey Avenue SE., Washington, DC,                    a final rule (69 FR 51589) implementing


                                             VerDate Sep<11>2014   18:11 Mar 15, 2016   Jkt 238001   PO 00000   Frm 00099   Fmt 4703   Sfmt 4703   E:\FR\FM\16MRN1.SGM   16MRN1


                                                  14178                       Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Notices

                                                  section 4007. Under this rule, FMCSA                    load, or by another stack of logs, and                relates to the subject exemption
                                                  must publish a notice of each exemption                 blocked in the rear by another stack of               application, the December 2003
                                                  request in the Federal Register (49 CFR                 logs or vehicle end structure, the stack              memorandum states ‘‘Also, industry has
                                                  381.315(a)). The Agency must provide                    may be secured with one tiedown. If one               requested the section 393.116 be
                                                  the public with an opportunity to                       tiedown is used, it must be positioned                amended to allow one tiedown per
                                                  inspect the information relevant to the                 about midway between the stakes, or (3)               bunk, spaced equally between the
                                                  application, including any safety                       be bound by at least two tiedown-type                 standards, when transporting short
                                                  analyses that have been conducted. The                  devices such as wire rope, used as                    length logs loaded lengthwise between
                                                  Agency must also provide an                             wrappers that encircle the entire load at             the first two standards and between the
                                                  opportunity for public comment on the                   locations along the load that provide                 last two standards. They believe the
                                                  request.                                                effective securement. If wrappers are                 current wording requiring the use of two
                                                     The Agency reviews the safety                        being used to bundle the logs together,               tiedowns is unnecessary given the
                                                  analyses and the public comments and                    the wrappers are not required to be                   bunks and standards . . . With regard to
                                                  determines whether granting the                         attached to the vehicle.                              allowing the use of one tiedown per
                                                  exemption would likely achieve a level                     However, 49 CFR 393.116(b)(3)(i)                   bunk for shortwood logs loaded
                                                  of safety equivalent to or greater than                 notes that tiedowns are not required for              lengthwise between the first two
                                                  the level that would be achieved by the                 logs transported in crib-type trailers, as            standards and between the last two
                                                  current regulation (49 CFR 381.305).                    defined in 49 CFR 393.5, provided that                standards, FMCSA believes one tiedown
                                                     The decision of the Agency must be                   the logs are loaded in compliance with                is sufficient given the standards used to
                                                  published in the Federal Register (49                   §§ 393.116(b)(2) and 393.116(c) of the                protect against lateral movement.’’
                                                  CFR 381.315(b)). If the Agency denies                   FMCSRs. Crib-type trailers use stakes,                   The GLTPA states ‘‘This language
                                                  the request, it must state the reason for               bunks, a front-end structure, and a rear              suggests that end stacks not protected by
                                                  doing so. If the decision is to grant the               structure to restrain logs on trailers. The           front and rear structures, but contained
                                                  exemption, the notice must specify the                  stakes prevent movement of logs from                  by stakes, bunks, or standards, would
                                                  person or class of persons receiving the                side to side on the vehicle while the                 require one tiedown. By extension, this
                                                  exemption and the regulatory provision                  front-end and rear structures prevent                 would also suggest that a crib-type
                                                  or provisions from which an exemption                   movement of the logs from front to back               trailer without front and rear structures
                                                  is granted. The notice must specify the                 on the vehicle. The intent of such                    would require one tiedown on each of
                                                  effective period of the exemption (up to                systems is to enable motor carriers to                the end stacks. It is GLTPA’s position
                                                  2 years) and explain the terms and                      transport logs without the use of                     that the interior stacks, which are
                                                  conditions of the exemption. The                        wrapper chains or straps to secure the                protected by adjacent stacks of logs,
                                                  exemption may be renewed (49 CFR                        load, thereby expediting the loading and              should not be required to have
                                                  381.315(c) and 49 CFR 381.300(b)).                      unloading process.                                    tiedowns, provided they are loaded in
                                                  GLTPA Application for Exemption                            In its exemption application, GLTPA                accordance with 49 CFR 393.116(b)(3).
                                                                                                          states that questions have arisen                     With the front and rear stacks secured,
                                                     The GLTPA has applied for an                         between industry and enforcement                      the configuration is essentially now
                                                  exemption from 49 CFR 393.116 to                        regarding the proper securement of logs               acting as a crib-type vehicle.’’
                                                  allow GLTPA motor carriers in                           in crib-type trailers when modifications                 To ensure that this interpretation
                                                  Wisconsin to transport shortwood logs                   to those trailers have been made—                     would not reduce safety, GLTPA and
                                                  in crib-type log trailers with fewer                    including the lack of a front or rear                 the Wisconsin State Patrol Motor Carrier
                                                  tiedowns than required by the                           structure (either because the vehicle was             Enforcement Section partnered to test
                                                  regulation. A copy of the application is                manufactured without front or rear                    the use of a single tiedown on a stack
                                                  included in the docket referenced at the                structures, or because motor carriers                 of logs contained in a crib-type
                                                  beginning of this notice.                               have removed them) and the addition of                configuration. GLTPA states
                                                     Section 393.116 of the FMCSRs,                       a center-mounted crane for loading and                ‘‘Specifically, a load was subjected to
                                                  ‘‘What are the rules for securing logs?,’’              unloading the logs. GLTPA states that                 various simulated longitudinal g forces.
                                                  provides commodity specific cargo                       ‘‘In these cases, because the specific                Although not directly applicable to the
                                                  securement requirements for the                         definition of a crib-type vehicle has not             cargo-specific requirements for logs, the
                                                  transportation of logs on trucks and                    been met, enforcement has reverted to                 tiedown performance criteria outlined
                                                  trailers, and are in addition to the                    49 CFR 393.116(e), which addresses logs               in 49 CFR 393.102 was used as
                                                  general cargo securement requirements                   loaded lengthwise on flatbed and frame                guidance.’’
                                                  specified in §§ 393.100—393.114 of the                  vehicles. Here, logs that are contained                  GLTPA states that the testing showed
                                                  FMCSRs. Sections 393.116(b),                            by structures or another stack of logs                ‘‘a single tiedown, on average, was able
                                                  ‘‘Components of a securement system,’’                  require one tie down. Stacks that do not              to maintain a stack of low-friction logs
                                                  and 393.116(c), ‘‘Use of securement                     have this containment such as end                     under winter conditions to
                                                  system’’ provide general requirements                   stacks without front/rear structures or               approximately 0.5 g. This average was
                                                  for the securement of logs.                             those adjacent to a center-mounted                    increased to 0.63 g for high-friction
                                                     Specifically with respect to the                                                                           hardwood logs. It is noted that 0.8 g was
                                                                                                          crane would require two tiedowns.’’
                                                  securement of shortwood logs loaded                        In its exemption application, GLTPA                obtained through the use of two
                                                  lengthwise on flatbed and frame                         references a ‘‘Cargo Securement                       tiedowns.’’ Copies of the testing
                                                  vehicles, § 393.116(e) of the FMCSRs                    Enforcement Policy’’ memorandum,                      performed by GLTPA and the Wisconsin
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  requires—in addition to meeting the                     dated December 31, 2003, from the                     State Patrol Motor Carrier Enforcement
                                                  requirements of § 393.116(b) and (c)—                   FMCSA Assistant Administrator to its                  Section in support of the exemption
                                                  each stack to be cradled in a bunk unit                 Field Administrators and Division                     application are contained in the docket.
                                                  or contained by stakes, and (1) secured                 Administrators.1 Specifically as it                      In considering the December 2003
                                                  to the vehicle by at least two tiedowns,                                                                      FMCSA Cargo Securement Enforcement
                                                  or (2) if all the logs in any stack are                   1 A copy of the Cargo Securement Enforcement        Policy memorandum, the cargo
                                                  blocked in the front by a front-end                     Policy memorandum is included in the docket           securement requirements for crib-type
                                                  structure strong enough to restrain the                 referenced at the beginning of this notice.           vehicles in the FMCSRs, and the testing


                                             VerDate Sep<11>2014   18:11 Mar 15, 2016   Jkt 238001   PO 00000   Frm 00100   Fmt 4703   Sfmt 4703   E:\FR\FM\16MRN1.SGM   16MRN1


                                                                              Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Notices                                             14179

                                                  described above, GLTPA requests an                      docket at the location listed under the               docket numbers for this notice. Note
                                                  exemption from section 393.116 for the                  ADDRESSES   section of this notice.                   that all comments received will be
                                                  securement of shortwood loaded                            Comments received after the comment                 posted without change to http://
                                                  lengthwise. Specifically, GLTPA                         closing date will be filed in the public              www.regulations.gov, including any
                                                  requests:                                               docket and will be considered to the                  personal information provided. Please
                                                     1. Logs transported in a crib or bunk                extent practicable. In addition to late               see the Privacy Act heading below for
                                                  type vehicle without a front structure                  comments, FMCSA will continue to file                 further information.
                                                  will require at least two tiedowns on the               relevant information in the public                       Docket: For access to the docket to
                                                  foremost stack. All other stacks will not               docket that becomes available after the               read background documents or
                                                  require tiedowns provided they are                      comment closing date. Interested                      comments, go to http://
                                                  loaded in accordance with 49 CFR                        persons should continue to examine the                www.regulations.gov at any time or
                                                  393.116 (b)(2) and 49 CFR 393.116(c).                   public docket for new material.                       Room W12–140 on the ground level of
                                                     2. Logs transported in a crib or bunk                  Issued on: March 3, 2016.                           the West Building, 1200 New Jersey
                                                  vehicle without a rear structure will                   Larry W. Minor,                                       Avenue SE., Washington, DC, between 9
                                                  require at least one tie down on the                                                                          a.m. and 5 p.m., Monday through
                                                                                                          Associate Administrator for Policy.
                                                  rearmost stack. All other stacks will not                                                                     Friday, except Federal holidays. The
                                                                                                          [FR Doc. 2016–05908 Filed 3–15–16; 8:45 am]
                                                  require tiedowns provided they are                                                                            Federal Docket Management System
                                                                                                          BILLING CODE 4910–EX–P
                                                  loaded in accordance with 49 CFR                                                                              (FDMS) is available 24 hours each day,
                                                  393.116 (b)(2) and 49 CFR 393.116(c).                                                                         365 days each year. If you want
                                                     3. Logs transported in a crib or bunk                                                                      acknowledgment that we received your
                                                                                                          DEPARTMENT OF TRANSPORTATION
                                                  type vehicle having an internal gap                                                                           comments, please include a self-
                                                  between stacks such that a log could                    Federal Motor Carrier Safety                          addressed, stamped envelope or
                                                  theoretically move in the forward or                    Administration                                        postcard or print the acknowledgement
                                                  rearward direction and not be                                                                                 page that appears after submitting
                                                                                                          [Docket No. FMCSA–2016–0034]                          comments on-line.
                                                  continually in contact with at least two
                                                  stakes, bunks, bolsters or standards                                                                             Privacy Act: In accordance with 5
                                                                                                          Qualification of Drivers; Exemption                   U.S.C. 553(c), DOT solicits comments
                                                  would require at least one tiedown on                   Applications; Diabetes Mellitus
                                                  that stack.                                                                                                   from the public to better inform its
                                                     4. When one tiedown is used, it must                 AGENCY: Federal Motor Carrier Safety                  rulemaking process. DOT posts these
                                                  be positioned about midway between                      Administration (FMCSA).                               comments, without edit, including any
                                                  the stakes or cross diagonally from the                 ACTION: Notice of applications for                    personal information the commenter
                                                  front to the rear crossing midway over                  exemptions; request for comments.                     provides, to www.regulations.gov, as
                                                  the stack.                                                                                                    described in the system of records
                                                     GLTPA states ‘‘Although the 2003                     SUMMARY:   FMCSA announces receipt of                 notice (DOT/ALL–14 FDMS), which can
                                                  Enforcement Policy cites a single                       applications from 74 individuals for                  be reviewed at www.dot.gov/privacy.
                                                  tiedown on the foremost stack, input                    exemption from the prohibition against                FOR FURTHER INFORMATION CONTACT:
                                                  from GLTPA member carriers has                          persons with insulin-treated diabetes                 Christine A. Hydock, Chief, Medical
                                                  suggested requiring two for increased                   mellitus (ITDM) operating commercial                  Programs Division, (202) 366–4001,
                                                  driver safety. Wisconsin State Patrol                   motor vehicles (CMVs) in interstate                   fmcsamedical@dot.gov, FMCSA,
                                                  testing also found that two tiedowns                    commerce. If granted, the exemptions                  Department of Transportation, 1200
                                                  have the capability of maintaining the                  would enable these individuals with                   New Jersey Avenue SE, Room W64–113,
                                                  load under a simulated longitudinal                     ITDM to operate CMVs in interstate                    Washington, DC 20590–0001. Office
                                                  force of 0.8 g. This value exceeds heavy                commerce.                                             hours are 8:30 a.m. to 5 p.m., e.t.,
                                                  vehicle braking ability, and therefore                  DATES: Comments must be received on                   Monday through Friday, except Federal
                                                  provides an added element of safety in                  or before April 15, 2016.                             holidays.
                                                  the event of a crash. The GLTPA and the                 ADDRESSES: You may submit comments                    SUPPLEMENTARY INFORMATION:
                                                  Wisconsin State Patrol believe that this                bearing the Federal Docket Management
                                                  exemption will provide relief to the                                                                          I. Background
                                                                                                          System (FDMS) Docket No. FMCSA–
                                                  timber industry without compromising                    2016–0034 using any of the following                     Under 49 U.S.C. 31136(e) and 31315,
                                                  safety. Furthermore, these requirements                 methods:                                              FMCSA may grant an exemption from
                                                  will make the inherent safety aspects of                  • Federal eRulemaking Portal: Go to                 the Federal Motor Carrier Safety
                                                  crib-type vehicles more attractive to                   http://www.regulations.gov. Follow the                Regulations for a 2-year period if it finds
                                                  carriers in comparison to traditional                   on-line instructions for submitting                   ‘‘such exemption would likely achieve a
                                                  frame vehicles with logs loaded                         comments.                                             level of safety that is equivalent to or
                                                  crosswise.’’                                              • Mail: Docket Management Facility;                 greater than the level that would be
                                                                                                          U.S. Department of Transportation, 1200               achieved absent such exemption.’’ The
                                                  Request for Comments
                                                                                                          New Jersey Avenue SE., West Building                  statute also allows the Agency to renew
                                                    In accordance with 49 U.S.C. 31315                    Ground Floor, Room W12–140,                           exemptions at the end of the 2-year
                                                  and 31136(e), FMCSA requests public                     Washington, DC 20590–0001.                            period. The 74 individuals listed in this
                                                  comment from all interested persons on                    • Hand Delivery: West Building                      notice have recently requested such an
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  the GLTPA application for an                            Ground Floor, Room W12–140, 1200                      exemption from the diabetes prohibition
                                                  exemption from certain cargo                            New Jersey Avenue SE., Washington,                    in 49 CFR 391.41(b) (3), which applies
                                                  securement requirements of 49 CFR                       DC, between 9 a.m. and 5 p.m., Monday                 to drivers of CMVs in interstate
                                                  393.116. All comments received before                   through Friday, except Federal                        commerce. Accordingly, the Agency
                                                  the close of business on the comment                    Holidays.                                             will evaluate the qualifications of each
                                                  closing date indicated at the beginning                   • Fax: 1–202–493–2251.                              applicant to determine whether granting
                                                  of this notice will be considered and                     Instructions: Each submission must                  the exemption will achieve the required
                                                  will be available for examination in the                include the Agency name and the                       level of safety mandated by statute.


                                             VerDate Sep<11>2014   18:11 Mar 15, 2016   Jkt 238001   PO 00000   Frm 00101   Fmt 4703   Sfmt 4703   E:\FR\FM\16MRN1.SGM   16MRN1



Document Created: 2016-03-15 23:43:46
Document Modified: 2016-03-15 23:43:46
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of application for exemption; request for comments.
DatesComments must be received on or before April 15, 2016.
ContactMr. Luke W. Loy, Vehicle and Roadside Operations Division, Office of Bus and Truck Standards and Operations, MC-PSV, (202) 366-0676; Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
FR Citation81 FR 14177 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR