Parts and Accessories Necessary for Safe Operation; Application for an Exemption From K & L Trucking, Inc. |
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Topics: K & L Trucking
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James W. Deck
Federal Motor Carrier Safety Administration
4 December 2020
[Federal Register Volume 85, Number 234 (Friday, December 4, 2020)]
[Notices]
[Pages 78406-78407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26669]
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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 final disposition; grant of exemption.
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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
announces its decision to grant K & L Trucking, Inc.'s (K & L)
application for a limited 5-year exemption to allow the company to
secure large metal coils to its trailers using a cargo securement
system that differs from that required by the Federal Motor Carrier
Safety Regulations (FMCSRs). The Agency has determined that granting
the exemption would likely achieve a level of safety equivalent to or
greater than the level of safety provided by the regulation.
DATES: This exemption is effective December 4, 2020 and expires on
December 4, 2025.
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.
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
Dockets Operations, 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. To be sure
someone is there to help you, please call (202) 366-9317 or (202) 366-
9826 before visiting Docket Operations. 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:
Background
FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain parts of the FMCSRs. FMCSA must publish a
notice of each exemption request in the Federal Register (49 CFR
381.315(a)). The Agency must provide the public 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 safety analyses and public comments submitted,
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)) with the reasons for denying or granting the application
and, if granted, the name of the person or class of persons receiving
the exemption, and the regulatory provision from which the exemption is
granted. The notice must also specify the effective period and explain
the terms and conditions of the exemption. The exemption may be renewed
(49 CFR 381.300(b)).
K & L's Application for Exemption
K & L applied for an exemption from 49 CFR 393.120(c) to allow the
carrier to secure large metal coils to its trailers using a cargo
securement system that differs from that required by the FMCSRs. A copy
of the application is included in the docket referenced at the
beginning of this notice.
K & L Trucking is a corporation located at 490 West Main Street,
Delta, Ohio 43515. K & L's business consists entirely of transporting
metal coils from North Star Blue Scope Steel, LLC, located at 6767
County Road 9, Delta, Ohio 43515, to Fulton County Processing, located
at 7800 Ohio-109, Delta, Ohio 43515. The two businesses are less than 2
miles apart, and K & L's trucks never travel faster than 30 miles
[[Page 78407]]
per hour on the road, as the drive is simply too short for the trucks
to accelerate to a higher speed.
Section 393.120(c) of the FMCSRs requires that 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 seeks an exemption to use an alternative securement system
consisting of a customized metal carrier affixed to the bed of its
trailers and the use of a single large cargo securement strap. The coil
carriers weigh 2,500 pounds each and are attached to the bed with
sixteen \5/8\ inch, Grade 8 bolts with a working load limit of 27,611
pounds each. In total, the carrier and bolts have a working load limit
over 500,000 pounds. Rather than using four chains to prevent the coil
from moving forward or backwards, K & L uses a large single, two-ply,
nylon-Kevlar tiedown strap with a working load limit of 44,800 pounds
through the eye of the coil and secures the coil to the metal carrier.
K & L states that the alternative cargo securement system will not
have an adverse impact on safety, and that adherence to the terms and
conditions of the exemption would likely achieve a level of safety
equivalent to or greater than the level of safety achieved without the
exemption.
Comments
FMCSA published a notice of the application in the Federal Register
on May 14, 2020 and asked for public comment (85 FR 29018). The Agency
received one comment, from Mr. Bruce Grimm. Mr. Grimm stated that the
proposed cargo securement technique proposed by K & L may be practical
if the strength of the load securement is consistently monitored by the
motor carrier, and stated that the heavy-duty load securement straps
proposed to be used by K & L have been successfully used in other
transportation cargo securement applications. Mr. Grimm wrote that
these cargo securement straps are not immune to damage and may be
subject to deterioration due to ultraviolet light.
FMCSA Decision
The FMCSA has evaluated the K & L exemption application, and the
comment received. The Agency believes that granting the temporary
exemption to allow K & L Trucking to transport metal coils using an
alternative securement system consisting of a customized metal carrier
affixed to the bed of its trailers and the use of a single large cargo
securement strap will likely provide a level of safety that is
equivalent to, or greater than, the level of safety achieved without
the exemption.
FMCSA acknowledges the concerns of commenter Mr. Bruce Grimm that
the synthetic cargo securement strap and metal coil carrier proposed to
be used by K & L must be inspected frequently to identify any damage
that might affect the working load limit of the metal coil carrier or
the single large synthetic cargo strap. FMCSA believes that the current
FMCSRs at section 393.104(b) which requires that ``all tiedowns and
cargo securement systems, parts and components used to secure cargo
must be in proper working order when used to perform that function with
no damaged or weakened components, such as, but not limited to, cracks
or cuts that will adversely affect their performance for cargo
securement purposes, including reducing the working load limit,''
ensures that the carrier will be effective in monitoring the condition
of the cargo securement system. FMCSA believes that the alternative
cargo securement technique of metal coil carrier and the single large
synthetic cargo strap is likely to provide a level of safety that is
equivalent to, or greater than, the level of safety achieved without
the exemption.
Terms and Conditions for the Exemption
The Agency hereby grants the exemption for a 5-year period,
beginning December 4, 2020 and ending December 4, 2025. During the
temporary exemption period, K & L will be allowed to use an alternative
securement system consisting of a customized metal carrier affixed to
the bed of its trailers and the use of a single large cargo securement
strap. The coil carriers weigh 2,500 pounds each and are attached to
the bed with sixteen \5/8\ inch, Grade 8 bolts with a working load
limit of 27,611 pounds each, and a large single, two-ply, nylon-Kevlar
tiedown strap with a working load limit of 44,800 pounds through the
eye of the coil to secures the coil to the metal carrier for the
limited transport from North Star Blue Scope Steel, LLC, located at
6767 County Road 9, Delta, Ohio 43515, to Fulton County Processing,
located at 7800 Ohio-109, Delta, Ohio 43515.
The exemption will be valid for 5 years unless rescinded earlier by
FMCSA. The exemption will be rescinded if: (1) K & L fails 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 the cargo securement system used by K & L to secure metal coils is
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. 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. States may, but
are not required to, adopt the same exemption with respect to
operations in intrastate commerce.
James W. Deck,
Deputy Administrator.
[FR Doc. 2020-26669 Filed 12-3-20; 8:45 am]
BILLING CODE 4910-EX-P