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Parts and Accessories Necessary for Safe Operation; Exemption Renewal for Agricultural and Food Transporters Conference of American Trucking Associations Publication: Federal Register Agency: Federal Motor Carrier Safety Administration Byline: Sue Lawless Date: 18 June 2024 Subjects: American Government  , Trucking
Topic: American Trucking Associations |
[Federal Register Volume 89, Number 118 (Tuesday, June 18, 2024)]
[Notices]
[Pages 51586-51589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13324]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2017-0319]
Parts and Accessories Necessary for Safe Operation; Exemption
Renewal for Agricultural and Food Transporters Conference of American
Trucking Associations
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of provisional renewal of exemption; request for
comments.
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SUMMARY: FMCSA announces its decision to provisionally renew an
exemption requested by the Agricultural and Food Transporters
Conference (AFTC) of American Trucking Associations (ATA), which will
allow certain alternative 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 exemption is renewed
for 6 months, unless revoked earlier.
DATES: This renewed exemption is effective April 15, 2024, through
October 15, 2024, unless revoked earlier. Comments must be received on
or before July 18, 2024.
ADDRESSES: You may submit comments identified by docket number FMCSA-
2017-0319 using any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov/docket/FMCSA-2017-0319/document. Follow the online
instructions for submitting comments.
Mail: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Washington, DC 20590-0001.
Hand Delivery or Courier: Dockets Operations, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, West Building,
Ground Floor, Washington, DC 20590-0001, between 9 a.m. and 5 p.m. ET,
Monday through Friday, except Federal holidays.
Fax: (202) 493-2251.
FOR FURTHER INFORMATION CONTACT: Mr. David Sutula, Chief, Vehicle and
Roadside Operations Division, Office of Carrier, Driver, and Vehicle
Safety, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001;
(202) 366-9209; MCPSV@dot.gov. If you have questions on viewing or
submitting material to the docket, call Dockets Operations at (202)
366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for Comments
A. Submitting Comments
If you submit a comment, please include the docket number for this
notice (FMCSA-2017-0319), 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 https://www.regulations.gov/docket/FMCSA-2017-0319/document, click on this notice, click
``Comment,'' 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. Comments received after the comment closing date will
be filed in the public docket and will be considered to the extent
practicable.
Confidential Business Information (CBI)
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (5 U.S.C. 552), CBI is exempt from public disclosure.
If your comments responsive to the notice contain commercial or
financial information that is customarily treated as private, that you
actually treat as private, and
[[Page 51587]]
that is relevant or responsive to the notice, it is important that you
clearly designate the submitted comments as CBI. Please mark each page
of your submission that constitutes CBI as ``PROPIN'' to indicate it
contains proprietary information. FMCSA will treat such marked
submissions as confidential under the Freedom of Information Act, and
they will not be placed in the public docket of the notice. Submissions
containing CBI should be sent to Brian Dahlin, Chief, Regulatory
Evaluation Division, Office of Policy, FMCSA, 1200 New Jersey Avenue
SE, Washington, DC 20590-0001 or via email at brian.g.dahlin@dot.gov.
At this time, you need not send a duplicate hardcopy of your electronic
CBI submissions to FMCSA headquarters. Any comments FMCSA receives not
specifically designated as CBI will be placed in the public docket for
this notice.
B. Viewing Comments and Documents
To view any documents mentioned as being available in the docket,
go to https://www.regulations.gov/docket/FMCSA-2017-0319/document and
choose the document to review. To view comments, click this notice,
then click ``Browse Comments.'' If you do not have access to the
internet, you may view the docket online by visiting Dockets Operations
on the ground floor of the DOT West Building, 1200 New Jersey Avenue
SE, Washington, DC 20590-0001, 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.
C. Privacy
In accordance with 49 U.S.C. 31315(b)(6), DOT solicits comments
from the public to better inform its exemption process. DOT posts these
comments, including any personal information the commenter provides, to
www.regulations.gov as described in the system of records notice DOT/
ALL 14 (Federal Docket Management System (FDMS)), which can be reviewed
under the ``Department Wide System of Records Notices'' at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices. The comments are posted without edit and are searchable by the
name of the submitter.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b)(2) and 49
CFR 381.300(b) to renew an exemption from the FMCSRs for subsequent
periods of up to 5 years if it finds that such exemption would likely
maintain a level of safety that is equivalent to, or greater than, the
level that would be achieved by the current regulation (49 CFR
381.305(a)).
III. Background
On September 27, 2002, FMCSA introduced new cargo securement
regulations to require motor carriers to change the way they use cargo
securement devices to prevent articles from shifting on or within or
falling from commercial motor vehicles effective December 26, 2002,
with a compliance date of January 1, 2004 (67 FR 61212). The cargo
securement rules consist of general rules that apply to all types of
cargo, with exceptions (49 CFR 393.100-393.114), as well as commodity-
specific rules for cargo requiring specialized securement methods (49
CFR 393.116-393.136). Commodity-specific rules are in addition to
general rules, meaning cargo securement systems must meet both general
and commodity-specific requirements. In a letter dated December 17,
2015, the Agricultural and Food Transporters Conference (AFTC) of the
American Trucking Associations (ATA) stated that strict application of
the 2002 requirements would have resulted in a less secure agricultural
commodity securement environment and highlighted the absence of
commodity-specific rules for transporting agricultural commodities in
wood and plastic containers, large fiberglass tubs, or grouped hay,
straw, and cotton bales.\1\
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\1\ Letter dated December 17, 2015, requesting 5-year temporary
exemption from cargo securement requirements at 49 CFR 393.102, 106,
110, and 114 for transport of agricultural products. (Available on
regulations.gov at document identifier FMCSA-2017-0319-0002).
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Testing of Alternative Securement Methods
In response to concerns raised by agricultural commodities
shippers, FMCSA commissioned the Department of Transportation's Volpe
Center to develop a comprehensive test plan to assess whether the
alternative securement methods allowed by the California Highway Patrol
(CHP) and other industry practices could meet FMCSA's cargo securement
standards for agricultural commodities, focusing on protection against
shifting and falling cargo, as outlined in the 2002 final rule. Volpe
conducted a nationwide review of state regulations and industry
practices related to the transportation of various agricultural
commodities by commercial motor vehicles (CMVs) and issued a final
report.\2\
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\2\ U.S. Department of Transportation Federal Motor Carrier
Safety Administration (FMCSA), FMCSA-PSV-14-013, Evaluation of Cargo
Securement of Agri Commodities (January 2018) (available on
www.regulations.gov at document identifier FMCSA-2017-0319-0003).
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In November 2007, FMCSA, and Volpe, in cooperation with CHP and
certain agricultural and trucking organizations, tested agricultural
industry securement practices. The testing process involved lifting
semitrailers to simulate various forces acting on the cargo, such as
sudden accelerations, decelerations, and lateral forces during turns.
Commercial semitrailers and those with converter dollies were used for
testing each cargo securement method. The purpose of the test was to
compare the performance of different securement methods against FMCSA's
performance criteria.
The findings of the testing were summarized as follows:
Standard agricultural commodity cargo securement practices
effectively ``unitize'' individual components into a single cargo unit.
Adding welded or bolted blocking at the front of the trailer proves
highly effective for plastic and wooden bins. Lateral cargo securement
devices significantly improve longitudinal and lateral cargo
securement.
The optimal method for securing agricultural commodities
in plastic bins involves a combination of perimeter wire rope tiedowns
and corner irons. Lateral cargo securement devices are essential for
controlling lateral movement.
Corner irons and wire rope techniques effectively unitize
bins and reduce individual unit movement. Additional blocking, such as
angle iron secured with bolts, effectively restricts cargo movement
during longitudinal testing.
Lateral cargo securement devices are necessary to minimize
movement at the center of the load. The Washington Wrap style of
securement at the rear of the load may damage the structural integrity
of plastic bins and allow significant lateral movement, affecting
vehicle stability.
Although not tested, the industry practice of securing
cotton bales appears effective through longitudinal wire rope and
lateral rope addition.
Original Exemption Application From Specific Cargo Securement
Regulations
In 2015, AFTC applied for an exemption from specific cargo
securement regulations (49 CFR 393.102, 393.106, 393.110, and 393.114)
[[Page 51588]]
to allow alternative methods for securing agricultural commodities
transported in wood and plastic boxes and bins, large fiberglass tubs,
and hay, straw, and cotton bales grouped into large single units. AFTC
stated that agricultural haulers in California had relied on yearly
exemptions from CHP which permitted the continued use of traditional
cargo securement methods for transporting agricultural products. These
exemptions were granted due to concerns that strictly enforcing FMCSA's
2002 cargo securement requirements would have created a less effective
environment for securing agricultural commodities.
AFTC's exemption application cited the results of the 2007-2008
tests conducted jointly by FMCSA, CHP, the California Department of
Food and Agriculture, the California Trucking Association and several
AFTC members. The tests evaluated methods for securing a wide variety
of agricultural products, including the use of plastic and wood bins,
large fiberglass tubs, and hay and cotton bales. The results
demonstrated the need for methods specific to the unique behavior of
grouped agricultural commodities.\3\
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\3\ FMCSA Memorandum: Technical Review Industry Cargo Securement
Practices for Baled Hay and Straw (``FMCSA Tech Review Memo'') (Jul.
7, 2008) (available at: https://www.chp.ca.gov/CommercialVehicleSectionSite/Documents/TechReviewHayStraw.pdf and on
www.regulations.gov at document identifier FMCSA-2017-0319-0005).
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AFTC sought alternative securement methods for boxes, bins, and
tubs that are specifically designed to transport agricultural products
from the field or storage to the initial processing point, as well as
for the return or delivery of empty containers to the field or storage
location. Moreover, AFTC also noted that loads transported in vans or
those contained within four-sided racks, or for purposes other than
agricultural operations as outlined above, must adhere to the general
cargo securement regulations stated in 49 CFR 393.100-393.114.
AFTC explained that the unique nature of agricultural commodities
often requires them to be into larger single units which exhibit
distinct behavior when subjected to the performance requirements in 49
CFR 393.102.
AFTC stated that without the exemption, CMV operators nationwide
would lack access to proven alternative securement techniques and
California haulers would be forced to continue requesting annual cargo
securement exemptions from CHP. Specifically, AFTC stated that the
exemption would enhance safety because the alternative securement
methods it proposed exceed the cargo securement standards, both of 49
CFR 393.100-393.114 and the California exemptions the industry had been
relying upon.
2019 Notice of Final Disposition; Grant of Application for Exemption
On April 15, 2019, FMCSA determined that granting the temporary
exemption to allow alternative securement methods for agricultural
commodities would likely result in a level of safety equivalent to, or
greater than, the level achieved without the exemption. (84 FR
15279)The testing conducted in 2007 and 2008 demonstrated that the
alternative securement practices proposed by AFTC met the performance
requirements of 49 CFR 393.102.
FMCSA acknowledged that the cargo securement techniques for large
and small hay and straw bales, evaluated in the draft cargo securement
testing report, were previously addressed in a ``Technical Review of
Industry Cargo Securement Practices for Baled Hay and Straw,
Revision1,'' dated July 7, 2008.\4\ FMCSA also referred to the
``Evaluation of 2002 Final Rule Cargo Securement for Agricultural
Commodities'' final report, as explained earlier in the document, to
determine that alternative securement methods are needed that are
unique to certain agricultural commodity cargoes.
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\4\ See FMCSA Tech Review Memo, available at: https://www.chp.ca.gov/CommercialVehicleSectionSite/Documents/TechReviewHayStraw.pdf.
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2023 Application for Renewal of Exemption
AFTC has requested a 5-year renewal of the current exemption. In
its renewal application, AFTC reiterated the arguments supporting its
original exemption request. AFTC further noted that since the 2019
exemption was granted, the alternative 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, has been successful. A
copy of AFTC's request to renew the exemption is available in the
docket.
Crash and Inspection Data of Trucks With Cargo
FMCSA's Motor Carrier Management Information System (MCMIS)
collects a variety of data on motor carrier violations during
inspections and crash reports, with most of the data focusing on either
driver, vehicle or carrier compliance. There is little or no data on
the type of cargo being carried at the time of a crash. MCMIS does,
however, collect data on whether a crash happened because cargo fell
off the carrier or whether a carrier hit loose cargo on the roadways.
This data does not specifically identity lost cargo that caused a crash
as an agricultural commodity. The agency performed inspection
violations data analysis for the cargo securement requirements of 49
CFR 393.102, 393.106, 393.110 and 393.114 to understand if there was
greater proportion of violations involving agricultural cargo compared
to all other types of cargo. The data showed that in total, less than
0.35 percent of all violations were attributed to the cargo securement
of agricultural commodities in the period between 2020 and thus far
into 2024. There is no crash data to indicate whether shifting or
falling of an agricultural commodity within or off the vehicle is the
primary cause of crash.
IV. Equivalent Level of Safety Analysis
Based on the above analysis, FMCSA is not aware of any evidence
showing that the operation of the alternative securement methods
allowed by the original exemption has resulted in any degradation in
safety. Moreover, the information provided by AFTC in its renewal
application supports the conclusion that these alternative securement
methods maintain the requisite statutory level of safety. Therefore,
for the reasons discussed above and in the prior notice granting the
original exemption request, while Agency receives and considers
comments on the renewal request, FMCSA concludes that provisionally
renewing the exemption granted on April 15, 2019, for an additional 6
months, on the terms and conditions set forth in this exemption renewal
decision, would likely maintain a level of safety that is equivalent
to, or greater than, the level of safety achieved without the
exemption.
V. Exemption Decision
A. Grant of Exemption
FMCSA provisionally renews the exemption for a subsequent period of
6 months, instead of the 5 years requested by AFTC, subject to the
terms and conditions of this decision and the absence of adverse
evidence sufficiently serious to cause the Agency to revoke the
exemption. FMCSA anticipates granting a full 5-year exemption from the
requirements of 49 CFR 393.102, 393.106, 393.110, and 393.114 when the
provisional exemption expires, unless the Agency obtains evidence
demonstrating that the exemption would not likely maintain an
equivalent
[[Page 51589]]
level of safety as the existing regulations.
B. Applicability of Exemption
During the provisional exemption period, motor carriers operating
CMVs may utilize certain alternative 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, as proposed by AFTC in
its original exemption application.
C. Terms and Conditions
1. General:
Motor carriers and CMVs operating under this exemption
must comply with all other applicable FMCSRs (49 CFR parts 350-399),
unless specifically exempted from a requirement.
2. Limitation of Exemption:
This exemption applies exclusively to CMVs transporting
agricultural commodities 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.
3. Recurring Data Reporting Requirements:
AFTC must provide recurring yearly data submissions to
include information on crashes and incidents involving a CMVs
transporting agricultural commodities 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 first
submission is due 5 months after the date of publication of this
exemption renewal in the Federal Register, and, if the exemption is
extended, subsequent submissions are due every 12-months thereafter
until the exemption expires or is revoked.
The yearly data submissions must be sent via email to
FMCSA at MCPSD@dot.gov.
If AFTC lacks certain categories of information,
alternative information may be discussed with FMCSA and submitted if
approved.
4. Data Reporting Requirements for Crashes and Incidents:
At the end of each 12-month period, AFTC must submit a
report detailing crash rates, vehicle miles traveled, number and type
of CMVs operating under the exemption, information including dates of
the crash or incident, time, location, and a brief description of the
event.
AFTC must provide any available information indicating
malfunction of the alternative cargo securement methods.
5. Meetings:
AFTC must meet with FMCSA upon request to answer questions
regarding data and information provided under the exemption.
D. 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 that conflicts with or is inconsistent
with this exemption with respect to a person operating under the
exemption. States may, but are not required to, adopt the same
exemption with respect to operations in intrastate commerce.
E. Revocation
The exemption will be valid for 6 months as provided in section
V.A. above, unless revoked earlier by FMCSA. FMCSA does not believe
that motor carriers, drivers, and CMVs covered by the exemption will
experience any deterioration of safety below the level that would be
achieved without the exemption. However, should the exemption result in
a lower level of safety than was maintained before it was granted,
FMCSA will take all steps necessary to protect the public interest,
including revocation of the exemption without prior notice. The
exemption will be immediately revoked if: (1) motor carriers, drivers,
and/or CMVs 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 or chapter 313.
Interested parties possessing information that would demonstrate
that this exemption or motor carriers operating CMVs utilizing certain
alternative 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 are not achieving the requisite statutory
level of safety should immediately notify FMCSA by email at
MCPSV@DOT.GOV. The Agency will evaluate any such information and, if
safety is being compromised or if the continuation of the exemption is
not consistent with the goals and objectives of 49 U.S.C. 31136 or
chapter 313, will take immediate steps to revoke the exemption.
VI. Request for Comments
In accordance with 49 U.S.C. 31315(b), FMCSA requests public
comment from all interested persons on AFTC's application for renewal
of the 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 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.
Sue Lawless,
Acting Deputy Administrator.
[FR Doc. 2024-13324 Filed 6-17-24; 8:45 am]
BILLING CODE 4910-EX-P