Parts and Accessories Necessary for Safe Operation; Agricultural and Food Transporters Conference of American Trucking Associations Application for Exemption |
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Topics: American Trucking Associations
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Raymond P. Martinez
Federal Motor Carrier Safety Administration
15 April 2019
[Federal Register Volume 84, Number 72 (Monday, April 15, 2019)]
[Notices]
[Pages 15279-15282]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07437]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2017-0319]
Parts and Accessories Necessary for Safe Operation; Agricultural
and Food Transporters Conference of American Trucking Associations
Application for Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition; grant of application for
exemption.
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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
announces its decision to grant a limited 5-year exemption to the
Agricultural and Food Transporters Conference (AFTC) of 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, as well as hay, straw, and
cotton bales that are grouped together into large singular units. The
Agency has determined that the use of certain alternate cargo
securement methods will likely maintain a level of safety that is
equivalent to, or greater than the level of safety achieved without the
exemption. This conclusion is 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
and the California Trucking Association.
DATES: This exemption is effective April 15, 2019 and ending April 15,
2024.
FOR FURTHER INFORMATION CONTACT: Mr. Luke W. 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.
Docket: For access to the docket to read background documents or
comments submitted to notice requesting public comments on the
exemption application, go to www.regulations.gov at any time or visit
Room W12-140 on the ground level of the West Building, 1200 New Jersey
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., ET, Monday
through Friday, except Federal holidays. The on-line Federal document
management system is available 24 hours each day, 365 days each year.
The docket number is listed at the beginning of this notice.
SUPPLEMENTARY INFORMATION:
[[Page 15280]]
Background
Under 49 CFR part 381, FMCSA has authority to grant exemptions from
some of the Federal Motor Carrier Safety Regulations (FMCSRs). Pursuant
to 49 CFR 381.315(a), FMCSA must publish a notice of each exemption
request in the Federal Register. 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 5 years) and explain its terms and conditions. The exemption may
be renewed (49 CFR 381.315(c) and 49 CFR 381.300(b)).
AFTC's 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.
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 at the beginning of this notice.
AFTC notes that the requested 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 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.''
Without the proposed exemption, AFTC states that commercial motor
vehicle operators nationwide would not be allowed to use the
alternative cargo securement techniques that have been tested by the
John A. Volpe National Transportation Systems Center (Volpe) in
cooperation with FMCSA and the California Highway Patrol, and that
carriers in California would continue to request to operate under cargo
securement exemptions from California that require less cargo
securement than that proposed under the requested FMCSA exemption.
The exemption would apply to all CMV operators nationwide that
transport agricultural commodities in interstate commerce as described
in the attachment to the exemption application which is available in
the docket noted at the beginning of this document. 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.''
Comments
FMCSA published a notice of the application in the Federal Register
on January 5, 2018, and asked for public comment (82 FR 28930). No
comments were received.
Background of Regulations
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.
Motor carriers were required to comply with the new requirements
beginning January 1, 2004.
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.
Specifically with respect to AFTC's exemption application, 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, or (2) hay, straw, and cotton bales that are
grouped together into large singular units.
Overview of Testing
In response to concerns raised by shippers of agricultural
commodities, FMCSA contracted with Volpe to develop a detailed test
plan to determine if use of current State regulations and industry best
practices are capable of meeting the minimum performance criteria of
FMCSA's September 2002 cargo securement final rule for the
transportation of agricultural commodities and protection against
shifting and falling agricultural cargo. Volpe conducted a nationwide
review of State regulations and industry practices
[[Page 15281]]
related to the transportation of fruits, vegetables, nuts, baled hay
and straw, and other agricultural commodities by CMVs engaged in
interstate and intrastate commerce. Most information was gathered from
commercial agricultural commodity transport operations in California,
Washington, Nevada, and New Mexico, and sources contacted included
State farm bureaus, trucking associations, and State law enforcement
agencies.
On September 12-14, 2007, representatives from FMCSA and Volpe
conducted site visits in California to inspect a variety of
agricultural securement methods and gather firsthand information on how
certain commodities are transported from the field to the processing
plant. State and industry representatives contacted included the
California Department of Food and Agriculture, the CHP, local farmers,
and trucking companies. A series of full-scale tests was performed at
the California Highway Patrol (CHP) Academy in West Sacramento between
October 30, 2007, and November 8, 2007, to determine the adequacy of
current industry practices when compared with the FMCSA cargo
securement regulations. Existing State regulations and industry
transportation methods were reviewed and tests were conducted
simulating the minimum longitudinal and lateral acceleration and
deceleration cargo securement performance requirements. Cargo
securement methods were tested on plastic bins, wooden bins, fiberglass
tomato tubs, small and big bales of hay, and cotton bales.
The testing of the cargo securement systems was done by lifting a
semitrailer to simulate the g forces that act on the cargo when the
vehicle suddenly accelerates or decelerates or the lateral forces
acting on the cargo when the trailer goes around a curve. Commercial
semitrailers and semitrailers with converter dollies were used for each
cargo securement method tested. The tests were conducted to compare the
performance of the different securement methods with the minimum
performance criteria identified in Sec. Sec. 393.102(a)(1) and
393.102(a)(2) of the FMCSRs. During testing, strain-gauge-based load
cells were installed to provide data on the loads applied to the cargo
securement devices. An accelerometer was used to measure the angle to
which each trailer was raised during test lifts. The load cells and
accelerometer data output from each test configuration were recorded on
a laptop computer. Three types of full-scale securement tests were
performed with plastic and wooden fruit bins, tomato tubs, and cotton
and hay bales to determine (1) coefficient of friction, (2) securement
device tension, and (3) longitudinal and lateral acceleration and
longitudinal deceleration.
A summary of the findings of the testing is provided as follows:
The industry standard agricultural commodity cargo
securement practices are effective in ``unitizing'' the individual
components (hay bales, plastic/wood bins, cotton bales) into a single
``unit'' of cargo. The addition of welded or bolted blocking at the
front of the trailer to inhibit the sudden movement of the ``unitized''
cargo during a hard brake application appears to be highly effective
for plastic and wooden bins. The addition of a lateral cargo securement
device generated significant improvement in the longitudinal and
lateral cargo securement testing for maintaining the cargo on the
trailer.
The best method for securing agricultural commodities
hauled in plastic bins involves utilizing a combination of perimeter 3/
8-inch wire rope tiedowns (previous industry standard practice)
combined with corner irons, and in specific conditions lateral cargo
securement devices were included to control lateral movement of the
cargo.
The corner irons and wire rope technique serves to unitize
the bins and reduce their movement as individual units. Additional
blocking consisting of 2.5-inch angle iron secured with four 9/16-inch
Grade 8 bolts was evaluated during testing to restrict movement of the
cargo during longitudinal testing. Equivalent blocking techniques
utilizing welding of blocking bars, or bars secured in stake pockets
should be considered equally effective.
The addition of lateral cargo securement devices is
necessary to minimize the amount of movement at the center of the
unitized load. During longitudinal testing, it was shown that the
Washington Wrap style of securement at the rear of the load can damage
the structural integrity of the plastic bins. During lateral testing,
it was shown that the Washington Wrap style of securement allowed
significant lateral movement of the unitized load along almost the
entire length of the trailer (which could adversely affect the
vehicle's stability or maneuverability in real-world driving
conditions).
The industry practice of securing loads of cotton bales,
while not tested, appeared to unitize the bales together, and wire rope
was used longitudinally to secure the load, and the addition of \1/2\-
inch rope laterally was estimated to be sufficient to secure the cotton
bales to the trailer and meet the cargo securement performance
requirements at 49 CFR 393.102.
A copy of the full report is included in the docket.
FMCSA Decision
The FMCSA has evaluated the AFTC exemption application. The Agency
believes that granting the temporary exemption 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 will likely provide a level of safety that is equivalent
to, or greater than, the level of safety achieved without the
exemption. The testing of these cargo securement methods in 2007 and
2008 in collaboration with CHP, California Department of Food and
Agriculture, California Trucking Association and several member
carriers of AFTC proved that the cargo securement performance
requirements of 49 CFR 393.102 were met. FMCSA notes that the cargo
securement techniques for large and small hay and straw bales, which
were evaluated in the draft cargo securement testing report in the
docket, were previously addressed in a ``Technical Review of Industry
Cargo Securement Practices for Baled Hay and Straw, Revision1,'' dated
July 7, 2008. A copy of the technical review has been included in the
docket referenced at the beginning of this notice.
Terms and Conditions for the Exemption
The Agency hereby grants the 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
for a 5-year period, beginning April 15, 2019 and ending April 15,
2024. During the temporary exemption period, motor carriers will be
allowed to use the 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 in large singular units as proposed by AFTC in its exemption
application. A copy of the alternate cargo securement methods that must
be used by motor carriers during the exemption period has been placed
in the docket noted at the beginning of this document, and is available
on the FMCSA website at
[[Page 15282]]
www.fmcsa.dot.gov/insert.specific.link.when.finalized.
The exemption will be valid for 5 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(b).
Interested parties possessing information that would demonstrate
that motor carriers using the alternate cargo securement 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 in large singular units, are not
achieving the requisite statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any such information and, if
safety is being compromised or if the continuation of the exemption is
not consistent with 49 U.S.C. 31136(e) and 31315(b), will take
immediate steps to revoke the exemption.
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 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.
Issued on: April 9, 2019.
Raymond P. Martinez,
Administrator.
[FR Doc. 2019-07437 Filed 4-12-19; 8:45 am]
BILLING CODE 4910-EX-P