Parts and Accessories Necessary for Safe Operation; Application for an Exemption From the Agricultural and Food Transporters Conference of American Trucking Associations

Topics:  American Trucking Associations

Larry W. Minor
Federal Motor Carrier Safety Administration
5 January 2018

[Federal Register Volume 83, Number 4 (Friday, January 5, 2018)]
[Notices]
[Pages 693-694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00013]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0319]


Parts and Accessories Necessary for Safe Operation; Application 
for an Exemption From the Agricultural and Food Transporters Conference 
of American Trucking Associations

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

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

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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) 
requests public comment on an application for exemption from the 
Agricultural and Food Transporters Conference (AFTC) of the American 
Trucking Associations (ATA) to allow certain alternate methods for the 
securement of agricultural commodities transported in wood and plastic 
boxes and bins and large fiberglass tubs, and hay, straw, and cotton 
bales that are grouped together into large singular units. The Federal 
Motor Carrier Safety Regulations (FMCSR) generally require loads to be 
secured by a minimum number of tiedowns based on article length, and 
the aggregate working load limit of those tiedowns must be at least 
one-half times the weight of the article or group of articles being 
transported. Based on the results of a comprehensive test program 
conducted by FMCSA in collaboration with the California Highway Patrol 
(CHP), the California Department of Food and Agriculture, the 
California Trucking Association, and others, AFTC believes that use of 
certain alternate cargo securement methods will maintain a level of 
safety that is equivalent to, or greater than, the level of safety 
achieved without the exemption because the test results confirmed that 
the performance requirements of the regulations are met when using the 
alternate securement methods.

DATES: Comments must be received on or before February 5, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2017-0319 using any of the 
following methods:
     Website: 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 website 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 website as well as 
the DOT's http://docketsinfo.dot.gov website. 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 Loy, Vehicle and Roadside 
Operations Division, Office of Carrier, Driver, and Vehicle Safety, 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 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

[[Page 694]]

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 5 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)).

AFTC Application for Exemption

    AFTC applied for an exemption 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. A copy of the 
application is included in the docket referenced at the beginning of 
this notice.
    On September 27, 2002, FMCSA published new cargo securement rules 
(67 FR 61212). The rules were based on the North American Cargo 
Securement Standard Model Regulation, reflecting (1) the results of a 
multi-year research program to evaluate U.S. and Canadian cargo 
securement regulations; (2) the motor carrier industry's best 
practices; and (3) recommendations presented during a series of public 
meetings involving U.S. and Canadian industry experts, Federal, State, 
and Provincial enforcement officials, and other interested parties.
    The cargo securement rules include general securement rules 
applicable to all types of articles or cargo, with certain exceptions 
(Sec. Sec.  393.100-393.114), and commodity-specific rules for cargoes 
that require specialized means of securement (Sec. Sec.  393.116-
393.136). The commodity-specific requirements take precedence over the 
general rules for a commodity listed in those sections. This means all 
cargo securement systems must meet the general requirements, except to 
the extent a commodity-specific rule imposes additional requirements 
that prescribe in more detail the securement method to be used. There 
are no commodity-specific rules applicable to the transportation 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.
    AFTC states that ``For the past several years, Agricultural haulers 
in California have been utilizing annual exemptions granted by the CHP 
to continue to allow the use of previously existing cargo securement 
methods for hauling agricultural products. The California annual 
exemptions were granted because the strict application of the cargo 
securement requirements that FMCSA identified in a Final Rule in 2002 
and became effective in 2004 would have resulted in a less secure 
agricultural commodity cargo securement environment.''
    In support of its application, AFTC states that ``We are requesting 
this exemption after the Federal Motor Carrier Safety Administration 
(FMCSA) performed testing and evaluation of various methods utilized in 
securing a wide variety of agricultural products for transport that 
occurred in 2007 and 2008. Many cargo securement methods were tested 
including those used to secure plastic and wood bins, large fiberglass 
tubs, and hay and cotton bales. The study with FMCSA was a 
collaborative effort with the California Highway Patrol . . . , 
California Department of Food and Agriculture, California Trucking 
Association and several of our carrier members.'' A copy of the draft 
report has been included in the docket referenced at the beginning of 
this notice.
    AFTC notes that the alternate securement methods for boxes, bins, 
and tubs are intended to apply only to the transportation of 
agricultural products from the field or storage to the first point of 
processing and the return or delivery of empty containers to the field 
or storage location. Additionally, loads transported in vans or that 
are contained on four sides by racks, or for other than agricultural 
operation as described above must be transported in accordance with the 
general cargo securement rules of Sec. Sec.  393.100-393.114. AFTC 
states ``The reason for the requested variances is because these 
agricultural commodities are `grouped' into larger singular `units' and 
these larger grouped units of cargo behave differently when tested to 
the performance requirements under 49 CFR 393.102.''
    Interested parties are referred to the detailed cargo securement 
requirements outlined by AFTC in an attachment to its exemption 
application for each box/bin/tub scenario and for hay and cotton bales. 
The attachment includes information regarding (a) the applicability of 
the alternative securement methods and definitions, (b) general 
provisions relating to required tiedowns and other securement devices, 
(c) construction of loads, and (d) securement of loads.
    The exemption would apply to all commercial motor vehicle operators 
nationwide that transport agricultural commodities in interstate 
commerce as described in the attachment to the exemption application. 
AFTC states that the alternative securement requirements ``will provide 
an increased level of safety and these securement techniques have been 
tested by the Volpe National Transportation Systems Center in 
cooperation with FMCSA and the California Highway Patrol.'' Further, 
AFTC notes that granting the exemption ``will provide an increased 
level of safety as the alternate securement methods require more cargo 
securement than is currently required under the California exemptions 
the industry has been operating under for the past few years.''

Request for Comments

    In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests 
public comment from all interested persons on AFTC's application for an 
exemption from 49 CFR 393.102, 393.106, 393.110, and 393.114. 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: December 28, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-00013 Filed 1-4-18; 8:45 am]
 BILLING CODE 4910-EX-P