78406 Federal Register / Vol. 85, No. 234 / Friday, December 4, 2020 / Notices 

The applicable definition of CMV for 

section 14506 is in section 14504a(a)(1) 

(which incorporates the CMV definition 

in 49 U.S.C. 31101), and states that a 

CMV is a self-propelled or towed 

vehicle used on the highways in 

commerce principally to transport 

passengers or cargo, if the vehicle: (1) 

Has a gross vehicle weight rating or 

gross vehicle weight of at least 10,001 

pounds, whichever is greater; (2) is 

designed to transport more than 10 

passengers including the driver; or (3) is 

used in transporting material 

determined to be hazardous under 49 

U.S.C. 5103 and in a quantity requiring 

placarding as provided in regulations 

prescribed under 49 U.S.C. 5103. 

There are two important aspects of 

this definition that are relevant to any 

determination under section 14506: (1) 

It applies to a CMV used ‘‘in 

commerce,’’ which means that it applies 

to vehicles operated either in intrastate 

or in interstate transportation; (2) the 

definition is slightly different from the 

definition of CMVs used to transport 

property subject to safety regulation 

under 49 U.S.C. 31131–51. See 49 

U.S.C. 31132(1). Note also that 

provisions relating to CMVs used to 

transport passengers are not relevant to 

the preemption determination under 

consideration here, as the Illinois 

statutes and regulations in question 

apply only to vehicles transporting 

property (including hazardous 

materials). 

Section 14506 also includes several 

exceptions to its general prohibitions. A 

State may continue to require display of 

credentials that are required: (1) Under 

the International Registration Plan 

under 49 U.S.C. 31704; (2) under the 

International Fuel Tax Agreement under 

49 U.S.C. 31705, or under an applicable 

State law if, on October 1, 2006, the 

State had a form of highway use 

taxation not subject to collection 

through the International Fuel Tax 

Agreement; (3) under a State law 

regarding motor vehicle license plates or 

other displays that the Secretary 

determines are appropriate; (4) in 

connection with Federal requirements 

for hazardous materials transportation 

under 49 U.S.C. 5103; or (5) in 

connection with the Federal vehicle 

inspection standards under 49 U.S.C. 

31136. 49 U.S.C. 14506(b). 

Request for Comments 

FMCSA seeks comments in response 

to this petition. Comments are 

specifically requested on whether the 

registration and cab card requirements 

involved (625 ILCS 5/18c-4104(c), (f) 

and (g)) should be determined to be 

‘‘appropriate’’ under the discretionary 

authority in 49 U.S.C. 14506(b)(3) 

providing that a State may require 

display of credentials under a State law 

requiring motor vehicle license plates or 

other displays the Secretary deems 

appropriate. Commenters are also 

encouraged to submit information on 

the effects of the requirements on safety, 

operations, and the economics of motor 

carriers operating in the State of Illinois. 

FMCSA requests commenters to limit 

their submissions to these issues and to 

submit data supporting their positions. 

The Agency has placed the petition in 

the docket (No. FMCSA–2019–0165). 

James W. Deck, 

Deputy Administrator. 

[FR Doc. 2020–26668 Filed 12–3–20; 8:45 am] 

BILLING CODE 4910–EX–P 

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. 

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 

Federal Register / Vol. 85, No. 234 / Friday, December 4, 2020 / Notices 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, nylonKevlar 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 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

Proposed Extension of Information 

Collection Request Submitted for 

Public Comment; Comment Request 

on Burden Related to Requirement To 

Use Taxpayer Identifying Numbers on 

Submissions Under the Section 897 

and 1445 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Notice and request for 

comments. 

SUMMARY: The Internal Revenue Service, 

as part of its continuing effort to reduce 

paperwork and respondent burden, 

invites the public and other Federal 

agencies to take this opportunity to