83 FR 693 - Parts and Accessories Necessary for Safe Operation; Application for an Exemption From the Agricultural and Food Transporters Conference of American Trucking Associations
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 4 (January 5, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 4 (January 5, 2018)
| Page Range | 693-694 | |
| FR Document | 2018-00013 |
[Federal Register Volume 83, Number 4 (Friday, January 5, 2018)] [Notices] [Pages 693-694] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-00013] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2017-0319] Parts and Accessories Necessary for Safe Operation; Application for an Exemption From the Agricultural and Food Transporters Conference of American Trucking Associations AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of application for exemption; request for comments. ----------------------------------------------------------------------- SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) requests public comment on an application for exemption from the Agricultural and Food Transporters Conference (AFTC) of the American Trucking Associations (ATA) to allow certain alternate methods for the securement of agricultural commodities transported in wood and plastic boxes and bins and large fiberglass tubs, and hay, straw, and cotton bales that are grouped together into large singular units. The Federal Motor Carrier Safety Regulations (FMCSR) generally require loads to be secured by a minimum number of tiedowns based on article length, and the aggregate working load limit of those tiedowns must be at least one-half times the weight of the article or group of articles being transported. Based on the results of a comprehensive test program conducted by FMCSA in collaboration with the California Highway Patrol (CHP), the California Department of Food and Agriculture, the California Trucking Association, and others, AFTC believes that use of certain alternate cargo securement methods will maintain a level of safety that is equivalent to, or greater than, the level of safety achieved without the exemption because the test results confirmed that the performance requirements of the regulations are met when using the alternate securement methods. DATES: Comments must be received on or before February 5, 2018. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket ID FMCSA-2017-0319 using any of the following methods:Website: 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 website 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 website as well as the DOT's http://docketsinfo.dot.gov website. 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 Loy, Vehicle and Roadside Operations Division, Office of Carrier, Driver, and Vehicle Safety, 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 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 [[Page 694]] of safety equivalent to or greater than the level that would be achieved by the current regulation (49 CFR 381.305). The decision of the Agency must be published in the Federal Register (49 CFR 381.315(b)). If the Agency denies the request, it must state the reason for doing so. If the decision is to grant the exemption, the notice must specify the person or class of persons receiving the exemption and the regulatory provision or provisions from which an exemption is granted. The notice must specify the effective period of the exemption (up to 5 years) and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.315(c) and 49 CFR 381.300(b)). AFTC Application for Exemption AFTC applied for an exemption from 49 CFR 393.102, 393.106, 393.110, and 393.114 to allow alternate methods for the securement of (1) agricultural commodities transported in wood and plastic boxes and bins and large fiberglass tubs, and (2) hay, straw, and cotton bales that are grouped together into large singular units. A copy of the application is included in the docket referenced at the beginning of this notice. On September 27, 2002, FMCSA published new cargo securement rules (67 FR 61212). The rules were based on the North American Cargo Securement Standard Model Regulation, reflecting (1) the results of a multi-year research program to evaluate U.S. and Canadian cargo securement regulations; (2) the motor carrier industry's best practices; and (3) recommendations presented during a series of public meetings involving U.S. and Canadian industry experts, Federal, State, and Provincial enforcement officials, and other interested parties. The cargo securement rules include general securement rules applicable to all types of articles or cargo, with certain exceptions (Sec. Sec. 393.100-393.114), and commodity-specific rules for cargoes that require specialized means of securement (Sec. Sec. 393.116- 393.136). The commodity-specific requirements take precedence over the general rules for a commodity listed in those sections. This means all cargo securement systems must meet the general requirements, except to the extent a commodity-specific rule imposes additional requirements that prescribe in more detail the securement method to be used. There are no commodity-specific rules applicable to the transportation of (1) agricultural commodities transported in wood and plastic boxes and bins and large fiberglass tubs, and (2) hay, straw, and cotton bales that are grouped together into large singular units. AFTC states that ``For the past several years, Agricultural haulers in California have been utilizing annual exemptions granted by the CHP to continue to allow the use of previously existing cargo securement methods for hauling agricultural products. The California annual exemptions were granted because the strict application of the cargo securement requirements that FMCSA identified in a Final Rule in 2002 and became effective in 2004 would have resulted in a less secure agricultural commodity cargo securement environment.'' In support of its application, AFTC states that ``We are requesting this exemption after the Federal Motor Carrier Safety Administration (FMCSA) performed testing and evaluation of various methods utilized in securing a wide variety of agricultural products for transport that occurred in 2007 and 2008. Many cargo securement methods were tested including those used to secure plastic and wood bins, large fiberglass tubs, and hay and cotton bales. The study with FMCSA was a collaborative effort with the California Highway Patrol . . . , California Department of Food and Agriculture, California Trucking Association and several of our carrier members.'' A copy of the draft report has been included in the docket referenced at the beginning of this notice. AFTC notes that the alternate securement methods for boxes, bins, and tubs are intended to apply only to the transportation of agricultural products from the field or storage to the first point of processing and the return or delivery of empty containers to the field or storage location. Additionally, loads transported in vans or that are contained on four sides by racks, or for other than agricultural operation as described above must be transported in accordance with the general cargo securement rules of Sec. Sec. 393.100-393.114. AFTC states ``The reason for the requested variances is because these agricultural commodities are `grouped' into larger singular `units' and these larger grouped units of cargo behave differently when tested to the performance requirements under 49 CFR 393.102.'' Interested parties are referred to the detailed cargo securement requirements outlined by AFTC in an attachment to its exemption application for each box/bin/tub scenario and for hay and cotton bales. The attachment includes information regarding (a) the applicability of the alternative securement methods and definitions, (b) general provisions relating to required tiedowns and other securement devices, (c) construction of loads, and (d) securement of loads. The exemption would apply to all commercial motor vehicle operators nationwide that transport agricultural commodities in interstate commerce as described in the attachment to the exemption application. AFTC states that the alternative securement requirements ``will provide an increased level of safety and these securement techniques have been tested by the Volpe National Transportation Systems Center in cooperation with FMCSA and the California Highway Patrol.'' Further, AFTC notes that granting the exemption ``will provide an increased level of safety as the alternate securement methods require more cargo securement than is currently required under the California exemptions the industry has been operating under for the past few years.'' Request for Comments In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests public comment from all interested persons on AFTC's application for an exemption from 49 CFR 393.102, 393.106, 393.110, and 393.114. 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: December 28, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-00013 Filed 1-4-18; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 83, No. 4 / Friday, January 5, 2018 / Notices 693
States will submit the following Conference (AFTC) of the American Docket: For access to the docket to
documentation in the Grants.gov Trucking Associations (ATA) to allow read background documents or
system: certain alternate methods for the comments received, go to http://
1. SF–424 Application for Federal securement of agricultural commodities www.regulations.gov or to Room W12–
Assistance; transported in wood and plastic boxes 140, DOT Building, 1200 New Jersey
2. SF–424A Budget Information for and bins and large fiberglass tubs, and Avenue SE, Washington, DC, between 9
Non-Construction Programs; hay, straw, and cotton bales that are a.m. and 5 p.m., Monday through
3. SF–424B Assurances for Non- grouped together into large singular Friday, except Federal holidays.
Construction Programs; units. The Federal Motor Carrier Safety Privacy Act: In accordance with 5
4. Grants.gov Lobbying Form; Regulations (FMCSR) generally require U.S.C. 553(c), DOT solicits comments
5. SF–LLL Disclosure of Lobbying loads to be secured by a minimum from the public to better inform its
Activities, as required; number of tiedowns based on article rulemaking process. DOT posts these
6. Key Contacts Form; length, and the aggregate working load comments, without edit, including any
7. Indirect Cost Rate Agreement; limit of those tiedowns must be at least personal information the commenter
8. Title VI Assurance; and one-half times the weight of the article provides, to www.regulations.gov, as
9. Supplemental Attachments. or group of articles being transported. described in the system of records
Second and Third Years of 3-Year Plan Based on the results of a comprehensive notice (DOT/ALL–14 FDMS), which can
test program conducted by FMCSA in be reviewed at www.dot.gov/privacy.
In the second and third years of the Public participation: The http://
collaboration with the California
3-year plan, FMCSA is planning for www.regulations.gov website is
Highway Patrol (CHP), the California
States to revise budgets to reflect current generally available 24 hours each day,
Department of Food and Agriculture,
costs and revise program goals and 365 days each year. You may find
the California Trucking Association, and
certifications, if needed, as part of the electronic submission and retrieval help
others, AFTC believes that use of certain
annual update and to submit the and guidelines under the ‘‘help’’ section
alternate cargo securement methods will
Substantiation of MOE Calculations. of the http://www.regulations.gov
maintain a level of safety that is
Unanticipated Funding or Program equivalent to, or greater than, the level website as well as the DOT’s http://
Changes of safety achieved without the docketsinfo.dot.gov website. If you
exemption because the test results would like notification that we received
FMCSA will require States to update
confirmed that the performance your comments, please include a self-
their 3-year plan if there are unexpected
requirements of the regulations are met addressed, stamped envelope or
changes in funding or authorization
when using the alternate securement postcard or print the acknowledgment
resulting in different requirements and
methods. page that appears after submitting
will notify States accordingly.
comments online.
Additional Information DATES: Comments must be received on
FOR FURTHER INFORMATION CONTACT: Mr.
or before February 5, 2018.
For other information on this Luke Loy, Vehicle and Roadside
ADDRESSES: You may submit comments Operations Division, Office of Carrier,
program, please see https://
www.fmcsa.dot.gov/grants/mcsap-basic- bearing the Federal Docket Management Driver, and Vehicle Safety, MC–PSV,
incentive-grant/motor-carrier-safety- System (FDMS) Docket ID FMCSA– (202) 366–0676, Federal Motor Carrier
assistance-program-mcsap-grant. 2017–0319 using any of the following Safety Administration, 1200 New Jersey
methods: Avenue SE, Washington, DC 20590–
Issued on: December 20, 2017. • Website: http:// 0001.
Cathy F Gautreaux, www.regulations.gov. Follow the
Deputy Administrator. SUPPLEMENTARY INFORMATION:
instructions for submitting comments
[FR Doc. 2018–00014 Filed 1–4–18; 8:45 am] on the Federal electronic docket site. Background
BILLING CODE 4910–EX–P • Fax: 1–202–493–2251. Section 4007 of the Transportation
• Mail: Docket Management Facility, Equity Act for the 21st Century (TEA–
U.S. Department of Transportation, 21) [Pub. L. 105–178, June 9, 1998, 112
DEPARTMENT OF TRANSPORTATION Room W12–140, 1200 New Jersey Stat. 401] amended 49 U.S.C. 31315 and
Avenue SE, Washington, DC 20590– 31136(e) to provide authority to grant
Federal Motor Carrier Safety
0001. exemptions from the Federal Motor
Administration
• Hand Delivery: Ground Floor, Room Carrier Safety Regulations (FMCSRs).
[Docket No. FMCSA–2017–0319] W12–140, DOT Building, 1200 New On August 20, 2004, FMCSA published
Jersey Avenue SE, Washington, DC, a final rule (69 FR 51589) implementing
Parts and Accessories Necessary for between 9 a.m. and 5 p.m. e.t., Monday– section 4007. Under this rule, FMCSA
Safe Operation; Application for an Friday, except Federal holidays. must publish a notice of each exemption
Exemption From the Agricultural and Instructions: All submissions must request in the Federal Register (49 CFR
Food Transporters Conference of include the Agency name and docket 381.315(a)). The Agency must provide
American Trucking Associations number for this notice. For detailed the public with an opportunity to
AGENCY: Federal Motor Carrier Safety instructions on submitting comments inspect the information relevant to the
Administration (FMCSA), DOT. and additional information on the application, including any safety
ACTION: Notice of application for exemption process, see the ‘‘Public analyses that have been conducted. The
daltland on DSKBBV9HB2PROD with NOTICES
exemption; request for comments. Participation’’ heading below. Note that Agency must also provide an
all comments received will be posted opportunity for public comment on the
SUMMARY: The Federal Motor Carrier without change to http:// request.
Safety Administration (FMCSA) www.regulations.gov, including any The Agency reviews the safety
requests public comment on an personal information provided. Please analyses and the public comments and
application for exemption from the see the ‘‘Privacy Act’’ heading for determines whether granting the
Agricultural and Food Transporters further information. exemption would likely achieve a level
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![694 Federal Register / Vol. 83, No. 4 / Friday, January 5, 2018 / Notices
of safety equivalent to or greater than cotton bales that are grouped together general provisions relating to required
the level that would be achieved by the into large singular units. tiedowns and other securement devices,
current regulation (49 CFR 381.305). AFTC states that ‘‘For the past several (c) construction of loads, and (d)
The decision of the Agency must be years, Agricultural haulers in California securement of loads.
published in the Federal Register (49 have been utilizing annual exemptions The exemption would apply to all
CFR 381.315(b)). If the Agency denies granted by the CHP to continue to allow commercial motor vehicle operators
the request, it must state the reason for the use of previously existing cargo nationwide that transport agricultural
doing so. If the decision is to grant the securement methods for hauling commodities in interstate commerce as
exemption, the notice must specify the agricultural products. The California described in the attachment to the
person or class of persons receiving the annual exemptions were granted exemption application. AFTC states that
exemption and the regulatory provision because the strict application of the the alternative securement requirements
or provisions from which an exemption cargo securement requirements that ‘‘will provide an increased level of
is granted. The notice must specify the FMCSA identified in a Final Rule in safety and these securement techniques
effective period of the exemption (up to 2002 and became effective in 2004 have been tested by the Volpe National
5 years) and explain the terms and would have resulted in a less secure Transportation Systems Center in
conditions of the exemption. The agricultural commodity cargo cooperation with FMCSA and the
exemption may be renewed (49 CFR securement environment.’’ California Highway Patrol.’’ Further,
381.315(c) and 49 CFR 381.300(b)). In support of its application, AFTC AFTC notes that granting the exemption
states that ‘‘We are requesting this ‘‘will provide an increased level of
AFTC Application for Exemption exemption after the Federal Motor safety as the alternate securement
AFTC applied for an exemption from Carrier Safety Administration (FMCSA) methods require more cargo securement
49 CFR 393.102, 393.106, 393.110, and performed testing and evaluation of than is currently required under the
393.114 to allow alternate methods for various methods utilized in securing a California exemptions the industry has
the securement of (1) agricultural wide variety of agricultural products for been operating under for the past few
commodities transported in wood and transport that occurred in 2007 and years.’’
plastic boxes and bins and large 2008. Many cargo securement methods
fiberglass tubs, and (2) hay, straw, and were tested including those used to Request for Comments
cotton bales that are grouped together secure plastic and wood bins, large In accordance with 49 U.S.C. 31315
into large singular units. A copy of the fiberglass tubs, and hay and cotton and 31136(e), FMCSA requests public
application is included in the docket bales. The study with FMCSA was a comment from all interested persons on
referenced at the beginning of this collaborative effort with the California AFTC’s application for an exemption
notice. Highway Patrol . . . , California from 49 CFR 393.102, 393.106, 393.110,
On September 27, 2002, FMCSA Department of Food and Agriculture, and 393.114. All comments received
published new cargo securement rules California Trucking Association and before the close of business on the
(67 FR 61212). The rules were based on several of our carrier members.’’ A copy comment closing date indicated at the
the North American Cargo Securement of the draft report has been included in beginning of this notice will be
Standard Model Regulation, reflecting the docket referenced at the beginning considered and will be available for
(1) the results of a multi-year research of this notice. examination in the docket at the
program to evaluate U.S. and Canadian AFTC notes that the alternate location listed under the ADDRESSES
cargo securement regulations; (2) the securement methods for boxes, bins, section of this notice.
motor carrier industry’s best practices; and tubs are intended to apply only to Comments received after the comment
and (3) recommendations presented the transportation of agricultural closing date will be filed in the public
during a series of public meetings products from the field or storage to the docket and will be considered to the
involving U.S. and Canadian industry first point of processing and the return extent practicable. In addition to late
experts, Federal, State, and Provincial or delivery of empty containers to the comments, FMCSA will continue to file
enforcement officials, and other field or storage location. Additionally, relevant information in the public
interested parties. loads transported in vans or that are docket that becomes available after the
The cargo securement rules include contained on four sides by racks, or for comment closing date. Interested
general securement rules applicable to other than agricultural operation as persons should continue to examine the
all types of articles or cargo, with described above must be transported in public docket for new material.
certain exceptions (§§ 393.100–393.114), accordance with the general cargo
and commodity-specific rules for securement rules of §§ 393.100–393.114. Issued on: December 28, 2017.
cargoes that require specialized means AFTC states ‘‘The reason for the Larry W. Minor,
of securement (§§ 393.116–393.136). requested variances is because these Associate Administrator for Policy.
The commodity-specific requirements agricultural commodities are ‘grouped’ [FR Doc. 2018–00013 Filed 1–4–18; 8:45 am]
take precedence over the general rules into larger singular ‘units’ and these BILLING CODE 4910–EX–P
for a commodity listed in those sections. larger grouped units of cargo behave
This means all cargo securement differently when tested to the
systems must meet the general performance requirements under 49 DEPARTMENT OF TRANSPORTATION
requirements, except to the extent a CFR 393.102.’’
commodity-specific rule imposes Interested parties are referred to the Maritime Administration
additional requirements that prescribe detailed cargo securement requirements
daltland on DSKBBV9HB2PROD with NOTICES
in more detail the securement method to outlined by AFTC in an attachment to Notice of Funding Opportunity for
be used. There are no commodity- its exemption application for each box/ America’s Marine Highway Projects
specific rules applicable to the bin/tub scenario and for hay and cotton AGENCY: Maritime Administration, DOT.
transportation of (1) agricultural bales. The attachment includes ACTION: Notice of funding opportunity.
commodities transported in wood and information regarding (a) the
plastic boxes and bins and large applicability of the alternative SUMMARY: The Consolidated
fiberglass tubs, and (2) hay, straw, and securement methods and definitions, (b) Appropriations Act of 2017, signed by
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Document Created: 2018-10-26 09:30:57
Document Modified: 2018-10-26 09:30:57
| 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 application for exemption; request for comments. | |
| Dates | Comments must be received on or before February 5, 2018. | |
| Contact | Mr. Luke Loy, Vehicle and Roadside Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC- PSV, (202) 366-0676, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-0001. | |
| FR Citation | 83 FR 693 |
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