Parts and Accessories Necessary for Safe Operation; Exemption Renewal for the Flatbed Carrier Safety Group

Daphne Y. Jefferson
Federal Motor Carrier Safety Administration
21 April 2017

[Federal Register Volume 82, Number 76 (Friday, April 21, 2017)]
[Notices]
[Pages 18810-18811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08076]


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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 49 CFR 393.120. 
The Agency has concluded that granting this exemption renewal will 
maintain a level of safety that is equivalent to, or greater than, the 
level of safety achieved without the exemption.

DATES: This decision is effective April 21, 2017. Comments on the 
decision must be received on or before May 22, 2017.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2010-0177 using any of the 
following methods:
     Web site: http://www.regulations.gov. Follow the

[[Page 18811]]

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

    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.

Basis for Renewing 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), and again on June 4, 
2015 (80 FR 31956). The renewal outlined in this notice extends the 
exemption from April 13, 2017, through April 13, 2022, and requests 
public comment.
    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 five 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).
    The exemption is renewed subject to the following requirements, 
provided motor carriers using the exemption continue to meet the 
aggregate working load limits 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.
    The exemption will be valid for five 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 objectives 
of 49 U.S.C. 31136(e) and 31315.

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.

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 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.

    Issued on: April 11, 2017.
Daphne Y. Jefferson,
Deputy Administrator.
[FR Doc. 2017-08076 Filed 4-20-17; 8:45 am]
 BILLING CODE 4910-EX-P