Parts and Accessories Necessary for Safe Operation; Exemption Application From Great Lakes Timber Professionals Association Publication: Federal Register Agency: Federal Motor Carrier Safety Administration Byline: Larry W. Minor Date: 11 May 2023 Subjects: American Government , Trucking

[Federal Register Volume 88, Number 91 (Thursday, May 11, 2023)]
[Notices]
[Pages 30382-30383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10057]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2023-0113]


Parts and Accessories Necessary for Safe Operation; Exemption 
Application From Great Lakes Timber Professionals Association

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

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

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SUMMARY: FMCSA requests public comment on an application for exemption 
from the Great Lakes Timber Professionals Association (GLTPA) to allow 
motor carriers to use fewer tiedowns than required by the regulations 
for securing shortwood logs transported lengthwise in crib-type 
vehicles that have been modified or manufactured without front 
structures, without rear structures, or with a center-mounted crane for 
loading and unloading. GLTPA and the Wisconsin State Patrol Motor 
Carrier Enforcement Section partnered to conduct cargo securement 
testing on stacks of shortwood logs in a crib-type vehicle using 
different tiedown configurations. Based on this testing, GLTPA proposes 
alternative cargo securement methods for shortwood logs loaded 
lengthwise and states that such securement methods will maintain a 
level of safety that is equivalent to, or greater than, the level of 
safety achieved without the exemption.

DATES: Comments must be received on or before June 12, 2023.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Number FMCSA-2023-0113 by any of the following 
methods:
     Federal eRulemaking Portal: www.regulations.gov. See the 
Public Participation and Request for Comments section below for further 
information.
     Mail: Dockets Operations, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m. 
E.T., Monday through Friday, except Federal holidays.
     Fax: (202) 493-2251.
    Each submission must include the Agency name and the docket number 
(FMCSA-2023-0113) for this notice. Note that DOT posts all comments 
received without change to www.regulations.gov, including any personal 
information included in a comment. Please see the Privacy Act heading 
below.
    Docket: For access to the docket to read background documents or 
comments, 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. To be sure someone is there to help you, 
please call (202) 366-9317 or (202) 366-9826 before visiting Dockets 
Operations.
    Privacy Act: In accordance with 49 U.S.C. 31315(b), DOT solicits 
comments from the public to better inform its exemption 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 
https://www.transportation.gov/privacy, the comments are searchable by 
the name of the submitter.

FOR FURTHER INFORMATION CONTACT: Mr. Jos[eacute] R. Cestero, Vehicle 
and Roadside Operations Division, Office of Carrier, Driver, and 
Vehicle Safety, FMCSA, (202) 366-5541, jose.cestero@dot.gov.
    If you have questions on viewing or submitting material to the 
docket, contact Dockets Operations at (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and 
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (FMCSA-2023-0113), indicate the specific section of this 
document to which the comment applies, and provide a reason for 
suggestions or recommendations. You may submit your comments and 
material online or by fax, mail, or hand delivery, but please use only 
one of these means. FMCSA recommends that you include your name and a 
mailing address, an email address, or a phone number in the body of 
your document so the Agency can contact you if it has questions 
regarding your submission.
    To submit your comment online, go to www.regulations.gov and put 
the docket number ``FMCSA-2023-0113'' in the keyword box, and click 
``Search.'' Next, sort the results by ``Posted (Newer-Older),'' choose 
the first notice listed, click the ``Comment'' button, and type your 
comment into the text box on the following screen. Choose whether you 
are submitting your comment as an individual or on behalf of a third 
party and then submit. If you submit your comments by mail or hand 
delivery, submit them in an unbound format, no larger than 8\1/2\ by 11 
inches, suitable for copying and electronic filing. If you submit 
comments by mail and would like to know that they reached the facility, 
please enclose a stamped, self-addressed postcard or envelope. FMCSA 
will consider all comments and material received during the comment 
period.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant 
exemptions from Federal Motor Carrier Safety Regulations (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 
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 maintain a 
level of safety equivalent to, or greater than, the level that would be 
achieved by the current regulation (49 CFR 381.305(a)). The Agency must 
publish its decision in the Federal Register (49 CFR 381.315(b)). If 
granted, the notice will identify the regulatory provision from which 
the applicant will be exempt, the effective period, and all terms and 
conditions of the exemption (49 CFR 381.315(c)(1)). If the exemption is 
denied, the notice will explain the reason for the denial (49 CFR 
381.315(c)(2)). The exemption may be renewed (49 CFR 381.300(b)).

[[Page 30383]]

III. GLTPA's Request

    GLTPA seeks an exemption from 49 CFR 393.116(b)(3) and 393.116(e) 
to allow motor carriers to use fewer tiedowns than required to secure 
shortwood logs transported lengthwise in crib-type vehicles that have 
been modified or manufactured without front structures, without rear 
structures, or with a center-mounted crane for loading and unloading. 
In its application, GLTPA proposes alternative methods of securement. 
GLTPA states that the log securement methods it proposes would achieve 
a level of safety equivalent to or greater than the level of safety 
provided by the regulation. A copy of GLTPA's application for exemption 
is posted in the docket.

IV. Request for Comments

    In accordance with 49 U.S.C. 31315(b) and 31136(e), FMCSA requests 
public comment from all interested persons on the GLTPA application for 
an exemption from certain cargo securement requirements of 49 CFR 
393.116.
    All comments received before the close of business on the comment 
closing date 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 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. 2023-10057 Filed 5-10-23; 8:45 am]
BILLING CODE 4910-EX-P