Parts and Accessories Necessary for Safe Operation; Application for an Exemption From K & L Trucking, Inc.

Topics:  K&L Trucking

Larry W. Minor
Federal Motor Carrier Safety Administration
14 May 2020

[Federal Register Volume 85, Number 94 (Thursday, May 14, 2020)]
[Notices]
[Pages 29018-29019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10322]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2020-0044]


Parts and Accessories Necessary for Safe Operation; Application 
for an Exemption From K & L Trucking, Inc.

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 K & L 
Trucking, Inc. (K & L) to allow the company to secure large metal coils 
to its trailers for transport using a securement system that differs 
from that required by the Federal Motor Carrier Safety Regulations 
(FMCSR).

DATES: Comments must be received on or before June 15, 2020.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2020-0044 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: Send comments to Docket Operations, U.S. Department 
of Transportation, Room W12-140, 1200 New Jersey Avenue SE, Washington, 
DC 20590-0001.
     Hand Delivery: Deliver comments to Docket Operations, 
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. To be sure someone is there to help you, please call 
(202) 366-9317 or (202) 366-9826 before visiting Docket Operations.
    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

[[Page 29019]]

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 visit Docket 
Operations, 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. To be sure someone is there to help you, 
please call (202) 366-9317 or (202) 366-9826 before visiting Docket 
Operations.
    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, Federal Motor Carrier Safety Administration, 1200 New Jersey 
Avenue SE, Washington, DC 20590-0001; (202) 366-0676; luke.loy@dot.gov.

SUPPLEMENTARY INFORMATION: 

Background

    Under 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 the terms and conditions of the exemption. 
The exemption may be renewed (49 CFR 381.315(c) and 49 CFR 381.300(b)).

K & L Application for Exemption

    Section 393.120(c) of the FMCSRs requires metal coils that weigh 
more than 5,000 pounds (either individually or grouped together) and 
transported with eyes crosswise to 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. K & L has 
applied for an exemption from 49 CFR 393.120(c) to allow the use of an 
alternative securement system consisting of (1) a specialized metal 
carrier permanently affixed to the flatbed trailer designed to secure 
the coil and prevent it from rolling, and (2) a single, two-ply, nylon-
Kevlar tie down strap routed through the eye of the coil that secures 
the coil to the coil carrier.
    A copy of the application is included in the docket referenced at 
the beginning of this notice.

Request for Comments

    In accordance with 49 U.S.C. 31315(b)(6), FMCSA requests public 
comment from all interested persons on K & L's application for an 
exemption from 49 CFR 393.120(c). 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 also 
continue to file, in the public docket, relevant information that 
becomes available after the comment closing date. Interested persons 
should continue to examine the public docket for new material.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020-10322 Filed 5-13-20; 8:45 am]
BILLING CODE 4910-EX-P