Notice2024-24446
Parts and Accessories Necessary for Safe Operation; Exemption Renewal for Agricultural and Food Transporters Conference of American Trucking Associations
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 22, 2024
Effective
April 15, 2024
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces its decision to renew an exemption requested by the Agricultural and Food Transporters Conference (AFTC) of American Trucking Associations (ATA), which will allow certain alternative methods for the securement of agricultural commodities transported in wood and plastic boxes and bins and large fiberglass tubs, as well as hay, straw, and cotton bales that are grouped together into large singular units. FMCSA concludes that renewing the exemption, subject to the terms and conditions set forth below, is likely to achieve a level of safety equivalent to or greater than the level of safety that would be achieved absent the exemption.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 204 (Tuesday, October 22, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 204 (Tuesday, October 22, 2024)]
[Notices]
[Pages 84437-84438]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-24446]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2017-0319]
Parts and Accessories Necessary for Safe Operation; Exemption
Renewal for Agricultural and Food Transporters Conference of American
Trucking Associations
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of final disposition; grant of application for
exemption.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to renew an exemption requested
by the Agricultural and Food Transporters Conference (AFTC) of American
Trucking Associations (ATA), which will allow certain alternative
methods for the securement of agricultural commodities transported in
wood and plastic boxes and bins and large fiberglass tubs, as well as
hay, straw, and cotton bales that are grouped together into large
singular units. FMCSA concludes that renewing the exemption, subject to
the terms and conditions set forth below, is likely to achieve a level
of safety equivalent to or greater than the level of safety that would
be achieved absent the exemption.
DATES: This renewed exemption is effective April 15, 2024, through
April 15, 2029.
FOR FURTHER INFORMATION CONTACT: Mr. David Sutula, Chief, Vehicle and
Roadside Operations Division, Office of Carrier, Driver, and Vehicle
Safety, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001;
(202) 366-9209; <a href="/cdn-cgi/l/email-protection#327f7162616472565d461c555d44"><span class="__cf_email__" data-cfemail="8dc0cedddedbcde9e2f9a3eae2fb">[email protected]</span></a>. If you have questions on viewing or
submitting material to the docket, call Dockets Operations at (202)
366-9826.
[[Page 84438]]
SUPPLEMENTARY INFORMATION:
I. Viewing Comments and Documents
To view any documents mentioned as being available in the docket,
go to <a href="https://www.regulations.gov/docket/FMCSA-2017-0319/document">https://www.regulations.gov/docket/FMCSA-2017-0319/document</a> and
choose the document to review. To view comments, click this notice,
then click ``Browse Comments.'' If you do not have access to the
internet, you may view the docket online by visiting Dockets Operations
on the ground floor of the DOT West Building, 1200 New Jersey Avenue
SE, Washington, DC 20590-0001, 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.
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 FMCSRs for subsequent
periods of up to 5 years if it finds that such exemption would likely
maintain a level of safety that is equivalent to, or greater than, the
level that would be achieved by the current regulation (49 CFR
381.305(a)).
III. Background
On June 18, 2024, FMCSA issued a notice of provisional renewal of
exemption for AFTC for a period of 6 months.\1\ FMCSA requested
comments on the application for exemption from AFTC on the use of
alternative cargo securement methods. The comment period closed on July
18, 2024. The Agency did not receive any comments to the notice.
---------------------------------------------------------------------------
\1\ 89 FR 51586.
---------------------------------------------------------------------------
IV. Exemption Decision
A. Grant of Exemption
As explained in the provisional renewal of exemption notice, the
Agency believes that granting the temporary exemption to allow
alternative methods for the securement of agricultural commodities in
wood and plastic boxes and bins and large fiberglass tubs, as well as
hay, straw, and cotton bales that are grouped together into larger
singular units, as proposed by AFTC in its original exemption
application, will likely provide a level of safety that is equivalent
to, or greater than, the level of safety achieved without the
exemption. The Agency hereby grants an exemption for a 5-year period,
beginning April 15, 2024, and ending April 15, 2029, 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.
B. Applicability of Exemption
During the exemption period, motor carriers operating commercial
motor vehicles (CMVs) may use certain alternative methods for the
securement of agricultural commodities transported in wood and plastic
boxes and bins and large fiberglass tubs, as well as hay, straw, and
cotton bales that are grouped together into large singular units, as
proposed by AFTC in its original exemption application.
C. Terms and Conditions
1. General:
Motor carriers and CMVs operating under this exemption must comply
with all other applicable Federal Motor Carrier Safety Regulations
(FMCSRs) (49 CFR parts 350-399), unless specifically exempted from a
requirement.
2. Limitation of Exemption:
This exemption applies exclusively to CMVs transporting
agricultural commodities in wood and plastic boxes and bins and large
fiberglass tubs, as well as hay, straw, and cotton bales that are
grouped together into large singular units.
3. Recurring Data Reporting Requirements:
AFTC must provide recurring yearly data submissions to include
information on crashes and incidents involving CMVs transporting
agricultural commodities in wood and plastic boxes and bins and large
fiberglass tubs, as well as hay, straw, and cotton bales that are
grouped together into large singular units when operating under this
exemption. The first submission is due 5 months after the date of
publication of the provisional exemption renewal in the Federal
Register (published June 18, 2024), and subsequent submissions are due
every 12-months thereafter until the exemption expires or is revoked.
The yearly data submissions must be sent via email to FMCSA at
<a href="/cdn-cgi/l/email-protection#2b66687b786f6b4f445f054c445d"><span class="__cf_email__" data-cfemail="f7bab4a7a4b3b7939883d9909881">[email protected]</span></a>. If AFTC lacks certain categories of information,
alternative information may be discussed with FMCSA and submitted if
approved.
4. Data Reporting Requirements for Crashes and Incidents:
At the end of each 12-month period, AFTC must submit a report
detailing crash rates, vehicle miles traveled, number and type of CMVs
operating under the exemption, and the date of the crash or incident,
time, location, and a brief description of the event. AFTC must provide
any available information indicating malfunction of the alternative
cargo securement methods.
5. Meetings:
AFTC must meet with FMCSA upon request to answer questions
regarding data and information provided under the exemption.
D. Preemption
In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR
381.600, during the period this exemption is in effect, no State shall
enforce any law or regulation that conflicts with or is inconsistent
with this exemption with respect to a person operating under the
exemption. States may, but are not required to, adopt the same
exemption with respect to operations in intrastate commerce.
E. Termination
FMCSA does not believe that motor carriers, drivers, and CMVs
covered by the exemption will experience any deterioration of safety
below the level that would be achieved without the exemption. The
exemption will be rescinded if: (1) motor carriers, drivers, or CMVs
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(b).
Vincent G. White,
Deputy Administrator.
[FR Doc. 2024-24446 Filed 10-21-24; 8:45 am]
BILLING CODE 4910-EX-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on October 22, 2024.
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.