Notice2025-06820
Parts and Accessories Necessary for Safe Operation; Application for an Exemption From K & L Trucking, USDOT #193158
Primary source
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Published
April 21, 2025
Effective
April 21, 2025
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
The Federal Motor Carrier Safety Administration (FMCSA) announces its decision to renew K & L Trucking, Inc.'s (K & L, USDOT #193158) application for a limited 5-year exemption to allow the company to secure large metal coils to its trailers using a cargo securement system that differs from that required by the Federal Motor Carrier Safety Regulations (FMCSRs). The Agency has determined that granting the exemption would likely achieve a level of safety equivalent to or greater than the level of safety provided by the regulation.
Full Text
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<title>Federal Register, Volume 90 Issue 75 (Monday, April 21, 2025)</title>
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[Federal Register Volume 90, Number 75 (Monday, April 21, 2025)]
[Notices]
[Pages 16764-16766]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-06820]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2024-0101]
Parts and Accessories Necessary for Safe Operation; Application
for an Exemption From K & L Trucking, USDOT #193158
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of final disposition; grant of exemption.
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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
announces its decision to renew K & L Trucking, Inc.'s (K & L, USDOT
#193158) application for a limited 5-year exemption to allow the
company to secure large metal coils to its trailers using a cargo
securement system that differs from that required by the Federal Motor
Carrier Safety Regulations (FMCSRs). The Agency has determined that
granting the exemption would likely achieve a level of safety
equivalent to or greater than the level of safety provided by the
regulation.
DATES: This exemption is effective April 21, 2025 and ending April 21,
2030.
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#632e2033303523070c174d040c15"><span class="__cf_email__" data-cfemail="3a77796a696c7a5e554e145d554c">[email protected]</span></a>.
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-2024-0101/document">https://www.regulations.gov/docket/FMCSA-2024-0101/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) to grant
exemptions from Federal Motor Carrier Safety Regulations (FMCSRs).
FMCSA must publish a notice of each exemption request in the Federal
Register (49 CFR
[[Page 16765]]
381.315(a)). The Agency must provide the public an opportunity to
inspect the information relevant to the application, including the
applicant's safety analysis. The Agency must provide an opportunity for
public comment on the request.
The Agency reviews safety analyses and public comments submitted
and determines whether granting the exemption would likely achieve a
level of safety equivalent to, or greater than, the level that would be
achieved absent such exemption, pursuant to 49 U.S.C. 31315(b)(1). The
Agency must publish its decision in the Federal Register (49 CFR
381.315(b)). If granted, the notice will identify the regulatory
provision from which the applicant will be exempt, the effective
period, and all terms and conditions of the exemption (49 CFR
381.315(c)(1)). If the exemption is denied, the notice will explain the
reason for the denial (49 CFR 381.315(c)(2)). The exemption may be
renewed (49 CFR 381.300(b)).
III. Background
Current Regulatory Requirements
Section 393.120(c) of the FMCSRs requires that metal coils that
weigh more than 5,000 pounds (either individually or grouped together)
and transported with eyes crosswise must be secured using (1) a means
(e.g., timbers, chocks or wedges, a cradle, etc.) to prevent the coil
from rolling and to support the coil off the deck, (2) at least one
tiedown through its eye restricting against forward motion, and (3) at
least one tiedown through its eye restricting against rearward motion.
Attaching tiedowns diagonally through the eye of a coil to form an X-
pattern when viewed from above the vehicle is prohibited.
IV. Application for Exemption
K & L, a transporter of metal coils, applied for an exemption from
49 CFR 393.120(c) in 2020 to allow the carrier to secure large metal
coils to its trailers using a cargo securement system that differs from
that required by the FMCSRs. FMCSA granted the exemption for a period
of 5 years, effective until December 4, 2025 (85 FR 78406). K & L's
present application to renew and expand its original exemption was
described in detail in a Federal Register notice published on April 15,
2024 (89 FR 26210). The description will not be repeated here as the
facts have not changed.
V. Public Comments
The Agency received one comment on the application. AWM commented
that K & L did not provide information on whether Kevlar straps are
equivalent in strength to Nylon straps and various coil grade chains.
AWM asked ``what testing has been performed to substantiate that Kevlar
is suitable for stretching and flexing while a vehicle is in transit
that is subject to multiple braking actions, uncontrolled storage and
exposure to the elements?'' AWM stated that the manufacturer of the
straps should ``submit evidence of the straps abilities per Par 393.7''
and have them incorporated by reference in 49 CFR 393.108.
VI. FMCSA Safety Analysis
FMCSA has evaluated K & L's application and the public comment and
grants the request to renew and modify the exemption for a 5-year
period. FMCSA is not aware of any evidence showing that K & L's
operations under the terms and conditions of the original exemption
have resulted in any degradation in safety. Due to the limited scope,
terms, conditions, and restrictions of the exemption and the existing
regulatory requirements that remain in place, FMCSA has determined that
the exemption will likely achieve a level of safety that is equivalent
to the level of safety that would be obtained absent the exemption.
In response to AWM's comment, FMCSA notes that elongation in a
material, also known as elasticity or stretch, occurs when tie-downs
such as welded steel chains, nylon, or nylon-Kevlar materials are used
to secure cargo and subjected to tensile forces. Each of the tie down
industry associations publishes standards for equipment manufacturers
and test methods to evaluate if the equipment, as manufactured, meets
the performance standards set by the industry. In the case of welded
steel chain links, used to secure cargo of different types, the
National Association of Chain Manufacturers (NACM) publishes welded
steel chain specifications for manufacturers of welded steel chain. \1\
Similarly, the Web Sling and Tie Down Association (WSTD) publishes
specifications and performance metrics for different types of non-
metallic web slings.\2\ Based on published WSTD data, stretch or
elongation in nylon is comparable to that of welded chain links.
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\1\ <a href="https://www.nacm.info/specifications/welded-chain-specifications/">https://www.nacm.info/specifications/welded-chain-specifications/</a>.
\2\ <a href="http://www.wstda.com">www.wstda.com</a>.
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The Agency further notes that both nylon and synthetic web sling
are incorporated in 49 CFR 393.7(b)(20) and 393.7(b)(22). The core
material in the 2-ply nylon material with Kevlar protective coating
used by K & L is nylon, which is incorporated by reference in 49 CFR
393.7(b)(20).
VII. Exemption Decision
A. Grant of Exemption
The Agency hereby grants the exemption for a 5-year period,
beginning April 21, 2025 and ending April 21, 2030. This exemption will
replace the current exemption granted to K & L. Under this exemption, K
& L is allowed to use an alternative securement system consisting of a
customized metal carrier affixed to the bed of its trailers and the use
of a single large cargo securement strap through the eye of the metal
coil. The coil carriers weigh 2,500 pounds each and are attached to the
bed with sixteen \5/8\ inch, Grade 8 bolts with a working load limit of
27,611 pounds each. A large single, two-ply, nylon-Kevlar tiedown strap
with a working load limit of 44,800 pounds is placed through the eye of
the coil to secure the coil to the metal carrier for the limited
transport at no more than 40 miles per hour to and from the following
locations in Delta, Ohio 43515: North Star Blue Scope Steel, LLC,
located at 6767 County Road 9 and County Road 10; Fulton County
Processing, located at 7800 Ohio State Route 109; Worthington
Industries, located at 6303 County Road 10; Nova Tube & Steel located
at 8641 County Road H; and Bluescope Recycling & Materials, located at
7300 Ohio State Route 109.
B. Terms and Conditions
1. This exemption applies only to transport of steel coils when
secured using K & L's securement system and transported by K & L under
the terms herein.
2. K & L shall inspect the securement system for any loose
attachments or for any relative movement of the metal coil carrier and
the deck before each trip.
3. K & L shall inspect the synthetic cargo securement straps (SKU
TT2-908-T2) used for delamination or visible wear due to abrasion or
excessive fading due to exposure to the elements. K & L shall not use
any securement straps subject to this exemption that exhibit any
visible damage due to excessive wear or excessive fading due to
ultraviolet exposure.
4. K & L must replace each nylon-Kevlar strap every 6 months when
securing steel coils per this exemption. This replacement must be done
irrespective of the material damage mentioned in the previous
condition.
5. K & L drivers must have a copy of this Federal Register notice
in their
[[Page 16766]]
possession while operating under the terms of the exemption. The
exemption document must be presented to law enforcement officials upon
request.
6. K & L shall keep records of any incidents involving their trucks
when carrying steel coils as secured per this exemption and submit any
on-site or on-road incidents, such as damages to the carrier during
loading or crashes during transit, and any crashes involving loss of
the metal coil from the trailer, to <a href="/cdn-cgi/l/email-protection#d39e9083808593b7bca7fdb4bca5"><span class="__cf_email__" data-cfemail="c78a8497949187a3a8b3e9a0a8b1">[email protected]</span></a> on an annual basis.
The report is due by the end of the year beginning from the effective
date of this exemption.
VIII. 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 applicable to interstate commerce that
conflicts with or is inconsistent with this exemption. States may, but
are not required to, adopt the same exemption with respect to
operations in intrastate commerce.
IV. Termination
Interested parties possessing information that would demonstrate
that the cargo securement system used by K & L to secure metal coils is
not achieving the requisite statutory level of safety should
immediately notify FMCSA by email at <a href="/cdn-cgi/l/email-protection#78353b282b2e381c170c561f170e"><span class="__cf_email__" data-cfemail="e9a4aab9babfa98d869dc78e869f">[email protected]</span></a>.
The exemption will be rescinded if: (1) K & L fails 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).
Sue Lawless,
Assistant Administrator.
[FR Doc. 2025-06820 Filed 4-18-25; 8:45 am]
BILLING CODE 4910-EX-P
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</html>Indexed from Federal Register on April 21, 2025.
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.