82 FR 18810 - Parts and Accessories Necessary for Safe Operation; Exemption Renewal for the Flatbed Carrier Safety Group

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 76 (April 21, 2017)

Page Range		18810-18811
FR Document		2017-08076

FMCSA renews the Flatbed Carrier Safety Group's (FCSG) exemption which allows the securement of metal coils on a flatbed vehicle, in a sided vehicle, or in an intermodal container loaded with eyes crosswise, grouped in rows, in which the coils are loaded to contact each other in the longitudinal direction. Motor carriers may continue to use the pre-January 1, 2004, cargo securement regulations for the transportation of groups of metal coils with eyes crosswise, as this loading configuration is not currently covered under the Agency's commodity-specific rules for securing metal coils in 49 CFR 393.120. The Agency has concluded that granting this exemption renewal will maintain a level of safety that is equivalent to, or greater than, the level of safety achieved without the exemption.

Federal Register, Volume 82 Issue 76 (Friday, April 21, 2017)

[Federal Register Volume 82, Number 76 (Friday, April 21, 2017)]
[Notices]
[Pages 18810-18811]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-08076]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0177]


Parts and Accessories Necessary for Safe Operation; Exemption 
Renewal for the Flatbed Carrier Safety Group

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

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

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SUMMARY: FMCSA renews the Flatbed Carrier Safety Group's (FCSG) 
exemption which allows the securement of metal coils on a flatbed 
vehicle, in a sided vehicle, or in an intermodal container loaded with 
eyes crosswise, grouped in rows, in which the coils are loaded to 
contact each other in the longitudinal direction. Motor carriers may 
continue to use the pre-January 1, 2004, cargo securement regulations 
for the transportation of groups of metal coils with eyes crosswise, as 
this loading configuration is not currently covered under the Agency's 
commodity-specific rules for securing metal coils in 49 CFR 393.120. 
The Agency has concluded that granting this exemption renewal will 
maintain a level of safety that is equivalent to, or greater than, the 
level of safety achieved without the exemption.

DATES: This decision is effective April 21, 2017. Comments on the 
decision must be received on or before May 22, 2017.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2010-0177 using any of the 
following methods:
     Web site: http://www.regulations.gov. Follow the

[[Page 18811]]

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

    FMCSA may renew an exemption from the Federal Motor Carrier Safety 
Regulations for a five-year period (49 U.S.C. 31315(b)(2)) if it finds 
``such exemption would likely achieve a level of safety that is 
equivalent to, or greater than, the level that would be achieved absent 
such exemption'' (49 U.S.C. 31315(b)(1); see also 49 U.S.C. 31136(e)). 
FCSG has requested a five-year extension for the exemption from 49 CFR 
393.120 to allow motor carriers to comply with the pre-January 1, 2004, 
cargo securement regulations (then at 49 CFR 393.100(c)) for the 
transportation of groups of metal coils with eyes crosswise. The 
procedures for requesting an exemption (including renewals) are set out 
in 49 CFR part 381.

Basis for Renewing Exemption

    FCSG applied for an exemption from 49 CFR 393.120 in 2010 to allow 
motor carriers to comply with the pre-January 1, 2004, cargo securement 
regulations for the transportation of groups of metal coils with eyes 
crosswise. FMCSA granted the exemption on April 14, 2011 (76 FR 20867) 
and renewed it on June 11, 2013 (78 FR 35087), and again on June 4, 
2015 (80 FR 31956). The renewal outlined in this notice extends the 
exemption from April 13, 2017, through April 13, 2022, and requests 
public comment.
    FMCSA is not aware of any evidence showing that compliance with the 
pre-January 1, 2004 cargo securement regulations for the transportation 
of groups of metal coils with eyes crosswise, in accordance with the 
conditions of the original exemption, has resulted in any degradation 
in safety. The Agency believes that extending the exemption for a 
period of five years will likely achieve a level of safety that is 
equivalent to, or greater than, the level of safety achieved without 
the exemption because the metal coils are grouped and secured together 
in the longitudinal direction, i.e., ``unitized,'' with the cargo 
securement system meeting all of the aggregate working load limit 
requirements of 49 CFR 393.106(d).
    The exemption is renewed subject to the following requirements, 
provided motor carriers using the exemption continue to meet the 
aggregate working load limits of 49 CFR 393.106(d).
    Coils with eyes crosswise: If coils are loaded to contact each 
other in the longitudinal direction, and relative motion between coils, 
and between coils and the vehicle, is prevented by tiedown assemblies 
and timbers:
    (1) Only the foremost and rearmost coils must be secured with 
timbers having a nominal cross section of 4 x 4 inches or more and a 
length which is at least 75 percent of the width of the coil or row of 
coils, tightly placed against both the front and rear sides of the row 
of coils and restrained to prevent movement of the coils in the forward 
and rearward directions; and
    (2) The first and last coils in a row of coils must be secured with 
a tiedown assembly restricting against forward and rearward motion, 
respectively. Each additional coil in the row of coils must be secured 
to the trailer using a tiedown assembly.
    The exemption will be valid for five years unless rescinded earlier 
by FMCSA. The exemption will be rescinded if: (1) Motor carriers and/or 
commercial motor vehicles fail to comply with the terms and conditions 
of the exemption; (2) the exemption has resulted in a lower level of 
safety than was maintained before it was granted; or (3) continuation 
of the exemption would not be consistent with the goals and objectives 
of 49 U.S.C. 31136(e) and 31315.

Preemption

    In accordance with 49 U.S.C. 31313(d), as implemented by 49 CFR 
381.600, during the period this exemption is in effect, no State shall 
enforce any law or regulation applicable to interstate commerce that 
conflicts with or is inconsistent with this exemption with respect to a 
firm or person operating under the exemption. States may, but are not 
required to, adopt the same exemption with respect to operations in 
intrastate commerce.

Request for Comments

    FMCSA requests comments from parties with data concerning the 
safety record of motor carriers transporting groups of metal coils with 
eyes crosswise, in accordance with the conditions of the exemption. The 
Agency will evaluate adverse evidence submitted during the comment 
period and at any time during the 5-year period of the exemption. If 
safety is being compromised or if continuation of the exemption would 
not be consistent with the goals and objectives of 49 U.S.C. 31136(e) 
and 31315(b)(1), FMCSA will take immediate steps to revoke the FCSG 
exemption.

    Issued on: April 11, 2017.
Daphne Y. Jefferson,
Deputy Administrator.
[FR Doc. 2017-08076 Filed 4-20-17; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 82, No. 76 / Friday, April 21, 2017 / Notices 18811

instructions for submitting comments Background having a nominal cross section of 4 x 4
on the Federal electronic docket site. FMCSA may renew an exemption inches or more and a length which is at
• Fax: 1–202–493–2251. from the Federal Motor Carrier Safety least 75 percent of the width of the coil
• Mail: Docket Management Facility, Regulations for a five-year period (49 or row of coils, tightly placed against
U.S. Department of Transportation, U.S.C. 31315(b)(2)) if it finds ‘‘such both the front and rear sides of the row
Room W12–140, 1200 New Jersey exemption would likely achieve a level of coils and restrained to prevent
Avenue SE., Washington, DC 20590– of safety that is equivalent to, or greater movement of the coils in the forward
0001. than, the level that would be achieved and rearward directions; and
• Hand Delivery: Ground Floor, Room absent such exemption’’ (49 U.S.C. (2) The first and last coils in a row of
W12–140, DOT Building, 1200 New 31315(b)(1); see also 49 U.S.C.
Jersey Avenue SE., Washington, DC, coils must be secured with a tiedown
31136(e)). FCSG has requested a five- assembly restricting against forward and
between 9 a.m. and 5 p.m. e.t., Monday- year extension for the exemption from
Friday, except Federal holidays. rearward motion, respectively. Each
49 CFR 393.120 to allow motor carriers additional coil in the row of coils must
Instructions: All submissions must to comply with the pre-January 1, 2004,
include the Agency name and docket be secured to the trailer using a tiedown
cargo securement regulations (then at 49 assembly.
number for this notice. For detailed CFR 393.100(c)) for the transportation of
instructions on submitting comments groups of metal coils with eyes The exemption will be valid for five
and additional information on the crosswise. The procedures for years unless rescinded earlier by
exemption process, see the ‘‘Public requesting an exemption (including FMCSA. The exemption will be
Participation’’ heading below. Note that renewals) are set out in 49 CFR part 381. rescinded if: (1) Motor carriers and/or
all comments received will be posted commercial motor vehicles fail to
without change to http:// Basis for Renewing Exemption comply with the terms and conditions
www.regulations.gov, including any FCSG applied for an exemption from of the exemption; (2) the exemption has
personal information provided. Please 49 CFR 393.120 in 2010 to allow motor resulted in a lower level of safety than
see the ‘‘Privacy Act’’ heading for carriers to comply with the pre-January was maintained before it was granted; or
further information. 1, 2004, cargo securement regulations (3) continuation of the exemption would
Docket: For access to the docket to for the transportation of groups of metal not be consistent with the goals and
read background documents or coils with eyes crosswise. FMCSA objectives of 49 U.S.C. 31136(e) and
comments received, go to http:// granted the exemption on April 14, 2011 31315.
www.regulations.gov or to Room W12– (76 FR 20867) and renewed it on June
140, DOT Building, 1200 New Jersey 11, 2013 (78 FR 35087), and again on Preemption
Avenue SE., Washington, DC, between 9 June 4, 2015 (80 FR 31956). The renewal
a.m. and 5 p.m., Monday through outlined in this notice extends the In accordance with 49 U.S.C.
Friday, except Federal holidays. exemption from April 13, 2017, through 31313(d), as implemented by 49 CFR
Privacy Act: In accordance with 5 April 13, 2022, and requests public 381.600, during the period this
U.S.C. 553(c), DOT solicits comments comment. exemption is in effect, no State shall
from the public to better inform its FMCSA is not aware of any evidence enforce any law or regulation applicable
rulemaking process. DOT posts these showing that compliance with the pre- to interstate commerce that conflicts
comments, without edit, including any January 1, 2004 cargo securement with or is inconsistent with this
personal information the commenter regulations for the transportation of exemption with respect to a firm or
provides, to www.regulations.gov, as groups of metal coils with eyes person operating under the exemption.
described in the system of records crosswise, in accordance with the States may, but are not required to,
notice (DOT/ALL–14 FDMS), which can conditions of the original exemption, adopt the same exemption with respect
be reviewed at www.dot.gov/privacy. has resulted in any degradation in to operations in intrastate commerce.
Public participation: The http:// safety. The Agency believes that
extending the exemption for a period of Request for Comments
www.regulations.gov Web site is
generally available 24 hours each day, five years will likely achieve a level of FMCSA requests comments from
365 days each year. You may find safety that is equivalent to, or greater parties with data concerning the safety
electronic submission and retrieval help than, the level of safety achieved record of motor carriers transporting
and guidelines under the ‘‘help’’ section without the exemption because the groups of metal coils with eyes
of the http://www.regulations.gov Web metal coils are grouped and secured crosswise, in accordance with the
site as well as the DOT’s http:// together in the longitudinal direction,
conditions of the exemption. The
docketsinfo.dot.gov Web site. If you i.e., ‘‘unitized,’’ with the cargo
Agency will evaluate adverse evidence
would like notification that we received securement system meeting all of the
submitted during the comment period
your comments, please include a self- aggregate working load limit
requirements of 49 CFR 393.106(d). and at any time during the 5-year period
addressed, stamped envelope or of the exemption. If safety is being
postcard or print the acknowledgment The exemption is renewed subject to
the following requirements, provided compromised or if continuation of the
page that appears after submitting exemption would not be consistent with
comments online. motor carriers using the exemption
continue to meet the aggregate working the goals and objectives of 49 U.S.C.
FOR FURTHER INFORMATION CONTACT: Mr. 31136(e) and 31315(b)(1), FMCSA will
load limits of 49 CFR 393.106(d).
Luke W. Loy, Vehicle and Roadside take immediate steps to revoke the
sradovich on DSK3GMQ082PROD with NOTICES

Coils with eyes crosswise: If coils are
Operations Division, Office of Bus and loaded to contact each other in the FCSG exemption.
Truck Standards and Operations, MC– longitudinal direction, and relative Issued on: April 11, 2017.
PSV, (202) 366–0676, Federal Motor motion between coils, and between coils
Carrier Safety Administration, 1200 Daphne Y. Jefferson,
and the vehicle, is prevented by
New Jersey Avenue SE., Washington, tiedown assemblies and timbers: Deputy Administrator.
DC 20590–0001. (1) Only the foremost and rearmost [FR Doc. 2017–08076 Filed 4–20–17; 8:45 am]
SUPPLEMENTARY INFORMATION: coils must be secured with timbers BILLING CODE 4910–EX–P

VerDate Sep<11>2014 17:30 Apr 20, 2017 Jkt 241001 PO 00000 Frm 00084 Fmt 4703 Sfmt 9990 E:\FR\FM\21APN1.SGM 21APN1

Document Created: 2017-04-21 01:19:22
Document Modified: 2017-04-21 01:19:22

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of renewal of exemption; request for comments.
Dates		This decision is effective April 21, 2017. Comments on the decision must be received on or before May 22, 2017.
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.
FR Citation		82 FR 18810

82 FR 18810 - Parts and Accessories Necessary for Safe Operation; Exemption Renewal for the Flatbed Carrier Safety Group

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 76 (April 21, 2017)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration