Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Great Lakes Timber Professionals Association

Larry W. Minor
Federal Motor Carrier Safety Administration
16 March 2016

[Federal Register Volume 81, Number 51 (Wednesday, March 16, 2016)]
[Notices]
[Pages 14177-14179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05908]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0081]


Parts and Accessories Necessary for Safe Operation; Application 
for an Exemption From Great Lakes Timber Professionals Association

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

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

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SUMMARY: FMCSA requests public comment on an application for exemption 
from the Great Lakes Timber Professionals Association (GLTPA) to allow 
GLTPA motor carriers in Wisconsin to use cargo securement methods that 
do not comply with the Federal Motor Carrier Safety Regulations 
(FMCSRs) for securing shortwood logs transported lengthwise in crib-
type vehicles that have been modified or manufactured without front 
structures, rear structures, or which have a center-mounted crane for 
loading and unloading. The GLTPA and the Wisconsin State Patrol Motor 
Carrier Enforcement Section partnered to conduct cargo securement 
testing on stacks of shortwood logs in a crib-type vehicle using 
different tiedown configurations. Based on this testing, GLTPA believes 
that the alternative cargo securement methods for securing shortwood 
logs loaded lengthwise proposed in its application will maintain a 
level of safety that is equivalent to, or greater than, the level of 
safety achieved without the exemption. The GLTPA is requesting this 
temporary exemption in advance of petitioning FMCSA to conduct a 
rulemaking to amend 49 CFR 393.116.

DATES: Comments must be received on or before April 15, 2016.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2016-0081 using any of the 
following methods:
     Web site: 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 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

    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

[[Page 14178]]

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 
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 2 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)).

GLTPA Application for Exemption

    The GLTPA has applied for an exemption from 49 CFR 393.116 to allow 
GLTPA motor carriers in Wisconsin to transport shortwood logs in crib-
type log trailers with fewer tiedowns than required by the regulation. 
A copy of the application is included in the docket referenced at the 
beginning of this notice.
    Section 393.116 of the FMCSRs, ``What are the rules for securing 
logs?,'' provides commodity specific cargo securement requirements for 
the transportation of logs on trucks and trailers, and are in addition 
to the general cargo securement requirements specified in Sec. Sec.  
393.100--393.114 of the FMCSRs. Sections 393.116(b), ``Components of a 
securement system,'' and 393.116(c), ``Use of securement system'' 
provide general requirements for the securement of logs.
    Specifically with respect to the securement of shortwood logs 
loaded lengthwise on flatbed and frame vehicles, Sec.  393.116(e) of 
the FMCSRs requires--in addition to meeting the requirements of Sec.  
393.116(b) and (c)--each stack to be cradled in a bunk unit or 
contained by stakes, and (1) secured to the vehicle by at least two 
tiedowns, or (2) if all the logs in any stack are blocked in the front 
by a front-end structure strong enough to restrain the load, or by 
another stack of logs, and blocked in the rear by another stack of logs 
or vehicle end structure, the stack may be secured with one tiedown. If 
one tiedown is used, it must be positioned about midway between the 
stakes, or (3) be bound by at least two tiedown-type devices such as 
wire rope, used as wrappers that encircle the entire load at locations 
along the load that provide effective securement. If wrappers are being 
used to bundle the logs together, the wrappers are not required to be 
attached to the vehicle.
    However, 49 CFR 393.116(b)(3)(i) notes that tiedowns are not 
required for logs transported in crib-type trailers, as defined in 49 
CFR 393.5, provided that the logs are loaded in compliance with 
Sec. Sec.  393.116(b)(2) and 393.116(c) of the FMCSRs. Crib-type 
trailers use stakes, bunks, a front-end structure, and a rear structure 
to restrain logs on trailers. The stakes prevent movement of logs from 
side to side on the vehicle while the front-end and rear structures 
prevent movement of the logs from front to back on the vehicle. The 
intent of such systems is to enable motor carriers to transport logs 
without the use of wrapper chains or straps to secure the load, thereby 
expediting the loading and unloading process.
    In its exemption application, GLTPA states that questions have 
arisen between industry and enforcement regarding the proper securement 
of logs in crib-type trailers when modifications to those trailers have 
been made--including the lack of a front or rear structure (either 
because the vehicle was manufactured without front or rear structures, 
or because motor carriers have removed them) and the addition of a 
center-mounted crane for loading and unloading the logs. GLTPA states 
that ``In these cases, because the specific definition of a crib-type 
vehicle has not been met, enforcement has reverted to 49 CFR 
393.116(e), which addresses logs loaded lengthwise on flatbed and frame 
vehicles. Here, logs that are contained by structures or another stack 
of logs require one tie down. Stacks that do not have this containment 
such as end stacks without front/rear structures or those adjacent to a 
center-mounted crane would require two tiedowns.''
    In its exemption application, GLTPA references a ``Cargo Securement 
Enforcement Policy'' memorandum, dated December 31, 2003, from the 
FMCSA Assistant Administrator to its Field Administrators and Division 
Administrators.\1\ Specifically as it relates to the subject exemption 
application, the December 2003 memorandum states ``Also, industry has 
requested the section 393.116 be amended to allow one tiedown per bunk, 
spaced equally between the standards, when transporting short length 
logs loaded lengthwise between the first two standards and between the 
last two standards. They believe the current wording requiring the use 
of two tiedowns is unnecessary given the bunks and standards . . . With 
regard to allowing the use of one tiedown per bunk for shortwood logs 
loaded lengthwise between the first two standards and between the last 
two standards, FMCSA believes one tiedown is sufficient given the 
standards used to protect against lateral movement.''
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    \1\ A copy of the Cargo Securement Enforcement Policy memorandum 
is included in the docket referenced at the beginning of this 
notice.
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    The GLTPA states ``This language suggests that end stacks not 
protected by front and rear structures, but contained by stakes, bunks, 
or standards, would require one tiedown. By extension, this would also 
suggest that a crib-type trailer without front and rear structures 
would require one tiedown on each of the end stacks. It is GLTPA's 
position that the interior stacks, which are protected by adjacent 
stacks of logs, should not be required to have tiedowns, provided they 
are loaded in accordance with 49 CFR 393.116(b)(3). With the front and 
rear stacks secured, the configuration is essentially now acting as a 
crib-type vehicle.''
    To ensure that this interpretation would not reduce safety, GLTPA 
and the Wisconsin State Patrol Motor Carrier Enforcement Section 
partnered to test the use of a single tiedown on a stack of logs 
contained in a crib-type configuration. GLTPA states ``Specifically, a 
load was subjected to various simulated longitudinal g forces. Although 
not directly applicable to the cargo-specific requirements for logs, 
the tiedown performance criteria outlined in 49 CFR 393.102 was used as 
guidance.''
    GLTPA states that the testing showed ``a single tiedown, on 
average, was able to maintain a stack of low-friction logs under winter 
conditions to approximately 0.5 g. This average was increased to 0.63 g 
for high-friction hardwood logs. It is noted that 0.8 g was obtained 
through the use of two tiedowns.'' Copies of the testing performed by 
GLTPA and the Wisconsin State Patrol Motor Carrier Enforcement Section 
in support of the exemption application are contained in the docket.
    In considering the December 2003 FMCSA Cargo Securement Enforcement 
Policy memorandum, the cargo securement requirements for crib-type 
vehicles in the FMCSRs, and the testing

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described above, GLTPA requests an exemption from section 393.116 for 
the securement of shortwood loaded lengthwise. Specifically, GLTPA 
requests:
    1. Logs transported in a crib or bunk type vehicle without a front 
structure will require at least two tiedowns on the foremost stack. All 
other stacks will not require tiedowns provided they are loaded in 
accordance with 49 CFR 393.116 (b)(2) and 49 CFR 393.116(c).
    2. Logs transported in a crib or bunk vehicle without a rear 
structure will require at least one tie down on the rearmost stack. All 
other stacks will not require tiedowns provided they are loaded in 
accordance with 49 CFR 393.116 (b)(2) and 49 CFR 393.116(c).
    3. Logs transported in a crib or bunk type vehicle having an 
internal gap between stacks such that a log could theoretically move in 
the forward or rearward direction and not be continually in contact 
with at least two stakes, bunks, bolsters or standards would require at 
least one tiedown on that stack.
    4. When one tiedown is used, it must be positioned about midway 
between the stakes or cross diagonally from the front to the rear 
crossing midway over the stack.
    GLTPA states ``Although the 2003 Enforcement Policy cites a single 
tiedown on the foremost stack, input from GLTPA member carriers has 
suggested requiring two for increased driver safety. Wisconsin State 
Patrol testing also found that two tiedowns have the capability of 
maintaining the load under a simulated longitudinal force of 0.8 g. 
This value exceeds heavy vehicle braking ability, and therefore 
provides an added element of safety in the event of a crash. The GLTPA 
and the Wisconsin State Patrol believe that this exemption will provide 
relief to the timber industry without compromising safety. Furthermore, 
these requirements will make the inherent safety aspects of crib-type 
vehicles more attractive to carriers in comparison to traditional frame 
vehicles with logs loaded crosswise.''

Request for Comments

    In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests 
public comment from all interested persons on the GLTPA application for 
an exemption from certain cargo securement requirements of 49 CFR 
393.116. 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: March 3, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-05908 Filed 3-15-16; 8:45 am]
 BILLING CODE 4910-EX-P