Notice2022-08806
Parts and Accessories Necessary for Safe Operation; Exemption Renewal for the Flatbed Carrier Safety Group
Primary source
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Published
April 26, 2022
Effective
April 26, 2022
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
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 the Code of Federal Regulations. The Agency has concluded that granting this exemption renewal will likely maintain a level of safety that is equivalent to, or greater than, the level of safety achieved without the exemption. The Agency welcomes public comments on the renewal.
Full Text
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<title>Federal Register, Volume 87 Issue 80 (Tuesday, April 26, 2022)</title>
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[Federal Register Volume 87, Number 80 (Tuesday, April 26, 2022)]
[Notices]
[Pages 24611-24613]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-08806]
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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 the Code of
Federal Regulations. The Agency has concluded that granting this
exemption renewal will likely maintain a level of safety that is
equivalent to, or greater than, the level of safety achieved without
the exemption. The Agency welcomes public comments on the renewal.
DATES: This decision is effective April 26, 2022. Comments must be
received on or before May 26, 2022.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2010-0177 using any of the
following methods:
<bullet> Federal eRulemaking Portal: <a href="http://www.regulations.gov">www.regulations.gov</a>. See the
Public Participation and Request for Comments section below for further
information.
<bullet> Mail: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
<bullet> Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m., ET,
Monday through Friday, except Federal holidays.
<bullet> Fax: (202) 493-2251.
Each submission must include the Agency name and the docket number
for this notice (FMCSA-2010-0177). Note that DOT posts all comments
received without change to <a href="http://www.regulations.gov">www.regulations.gov</a>, including any personal
information included in a comment. Please see the Privacy Act heading
below.
Docket: For access to the docket to read background documents or
comments, go to <a href="http://www.regulations.gov">www.regulations.gov</a> at any time or visit Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday,
except Federal holidays. To be sure someone is there to help you,
please call (202) 366-9317 or (202) 366-9826 before visiting Dockets
Operations.
Privacy Act: In accordance with 49 U.S.C. 31315(b)(6), DOT solicits
comments from the public to better inform its exemption process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to <a href="http://www.regulations.gov">www.regulations.gov</a>, as described in the
system of records notice (DOT/ALL 14--FDMS), which can be reviewed at
<a href="http://www.dot.gov/privacy">www.dot.gov/privacy</a>.
FOR FURTHER INFORMATION CONTACT: Mr. Jos[eacute] R. Cestero, Vehicle
and Roadside Operations Division, Office of Carrier, Driver, and
Vehicle Safety, MC-PSV, (202) 366-5541, Federal Motor Carrier Safety
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for Comments
FMCSA encourages you to participate by submitting comments and
related materials.
Submitting Comments
If you submit a comment, please include the docket number for this
notice (FMCSA-2010-0177), indicate the specific section of this
document to which the comment applies, and provide a reason for
suggestions or recommendations. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so the Agency can contact you if it has questions
regarding your submission.
To submit your comment online, go to <a href="http://www.regulations.gov">www.regulations.gov</a> and put
the docket number, ``FMCSA-2010-0177'' in the ``Keyword'' box, and
click ``Search.'' When the new screen appears, click on the ``Comment
Now!'' button and type your comment into the text box in the following
screen. Choose whether you are submitting your comment as an individual
or on behalf of a third party and then submit. If you submit your
comments by mail or hand delivery, submit them in an unbound format, no
larger than 8\1/2\ by 11 inches, suitable for copying and electronic
filing. If you submit comments by mail and would like to know that they
reached the facility, please enclose a stamped, self-addressed postcard
or envelope. FMCSA will consider all comments and material received
during the comment period.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b)(2) and 49
CFR 381.300(b) to renew an exemption from the Federal Motor Carrier
Safety Regulations for a 5-year period 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.''
FCSG has requested a five-year extension of the current exemption in
Docket No. FMCSA-2010-0177.
III. 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.
Current Regulation(s) Requirements
Currently, 49 CFR 393.120 specifies requirements for the securement
of one or more metal coils which, individually or grouped together,
weigh 5,000 pounds or more. Metal coils can be transported with eyes
vertical, lengthwise, or crosswise.
Unlike the requirements for securing coils with eyes vertical (49
CFR 393.120(b)) and lengthwise (49 CFR 393.120(d)), the current
securement
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requirements for coils with eyes crosswise (49 CFR 393.120(c)) only
speak of individual coils; there are no specific requirements for
securing rows of coils. As such, a motor carrier transporting a row of
coils with eyes crosswise must secure each coil as an individual coil
in accordance with 49 CFR 393.120(c).
FCSG noted that the regulations in place prior to January 1, 2004,
directly addressed the securement of groups of coils loaded with eyes
crosswise. Section 393.100(c) previously read as follows:
(c)(3)(ii) Coils with eyes crosswise: Each coil or transverse row
of coils loaded side by side and having approximately the same outside
diameters must be secured by--
(a) A tiedown assembly through the eye of each coil, restricting
against forward motion and making an angle of less than 45[deg] with
the horizontal when viewed from the side of the vehicle;
(b) A tiedown assembly through the eye of each coil, restricting
against rearward motion and making an angle of less than 45[deg] with
the horizontal when viewed from the side of the vehicle; and
(c) 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 coil or row of coils and restrained to prevent movement of the coil
or coils in the forward and rearward directions.
(d) 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; and
(2) A single tiedown assembly, restricting against forward motion,
may be used to secure any coil except the rearmost one, which must be
restrained against rearward motion.
Application for Renewal of 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), June 4, 2015 (80 FR
31956), and again on April 21, 2017 (82 FR 18810). The exemption
expires on April 13, 2022.
IV. Equivalent Level of Safety Analysis
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 5 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).
V. Exemption Decision
A. Grant of Exemption
FMCSA renews the exemption for a period of 5 years subject to the
terms and conditions of this decision. The renewal outlined in this
notice extends the exemption from April 13, 2022, through April 13,
2027.
B. Applicability of Exemption
The exemption is restricted to motor carriers that haul metal coils
with eyes crosswise in rows in which the coils are loaded to contact
each other in the longitudinal direction.
C. Terms and Conditions
Motor carriers covered by the exemption must meet the following
requirements while still meeting the aggregate working load limit
requirements 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.
D. 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.
E. Notification to FMCSA
Motor carriers covered by the exemption must notify FMCSA within 5
business days of any accident (as defined in 49 CFR 390.5T) involving
any of its CMVs operating under the terms of this exemption. The
notification must include the following information:
(a) Name of the exemption: ``FCSG'';
(b) Name of the operating motor carrier;
(c) Date of the accident;
(d) City or town, and State, in which the accident occurred, or
closest to the accident scene;
(e) Driver's name and license number;
(f) Vehicle number and State license number;
(g) Number of individuals suffering physical injury;
(h) Number of fatalities;
(i) The police-reported cause of the accident;
(j) Whether the driver was cited for violation of any traffic laws,
motor carrier safety regulations; and
(k) The driver's total driving time and total on-duty time period
prior to the accident.
Reports filed under this provision shall be emailed to
<a href="/cdn-cgi/l/email-protection#1f525c4f4c5b5f5b504b31585049"><span class="__cf_email__" data-cfemail="8cc1cfdcdfc8ccc8c3d8a2cbc3da">[email protected]</span></a>.
F. Termination
The exemption will be valid for 5 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 objects of
49 U.S.C. 31136(e) and 31315.
VI. 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
[[Page 24613]]
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.
Robin Hutcheson,
Deputy Administrator.
[FR Doc. 2022-08806 Filed 4-25-22; 8:45 am]
BILLING CODE 4910-EX-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.