73492 Federal Register / Vol. 89, No. 175 / Tuesday, September 10, 2024 / Notices 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2023–0113] 

Parts and Accessories Necessary for 

Safe Operation; Exemption for Great 

Lakes Timber Professionals 

Association 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of final disposition; grant 

of application for exemption. 

SUMMARY: FMCSA announces its 

decision to grant a limited 5-year 

exemption to the Great Lakes Timber 

Professionals Association (GLTPA) on 

behalf of motor carriers in Wisconsin to 

use cargo securement methods that do 

not comply with the Federal Motor 

Carrier Safety Regulations (FMCSRs) for 

securing shortwood logs transported 

lengthwise in crib-type vehicles that 

have been modified or manufactured 

without front structures, rear structures, 

or which have a center-mounted crane 

for loading and unloading. The Agency 

has determined that the use of the 

alternate cargo securement method will 

likely achieve a level of safety that is 

equivalent to, or greater than the level 

of safety achieved by the current 

regulation. 

DATES: This exemption is effective 

September 10, 2024 through September 

10, 2029, unless revoked earlier. 

FOR FURTHER INFORMATION CONTACT: 

David Sutula, 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; Viewing 

Comments and Documents 

To view comments, go to 

www.regulations.gov, insert the docket 

number ‘‘FMCSA–2023–0113’’ in the 

keyword box, and click ‘‘Search.’’ Next, 

sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed, 

and click ‘‘Browse Comments.’’ 

To view documents mentioned in this 

notice as being available in the docket, 

go to www.regulations.gov, insert the 

docket number ‘‘FMCSA–2023–0113’’ in 

the box, click ‘‘Search,’’ and choose the 

document to review. 

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. 

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 with an opportunity to 

inspect the information relevant to the 

application, including the applicant’s 

safety analysis. The Agency must 

provide an opportunity for public 

comment on the request. 

The Agency reviews the safety 

analyses and the 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)). 

III. Background 

A. Current Regulatory Requirements 

Section 393.116 of the FMCSRs, 

‘‘What are the rules for securing logs?,’’ 

provides commodity specific cargo 

securement requirements for the 

transportation of logs on trucks and 

trailers and are in addition to the 

general cargo securement requirements 

specified in §§ 393.100–393.114 of the 

FMCSRs. Sections 393.116(b), 

‘‘Components of a securement system,’’ 

and 393.116(c), ‘‘Use of securement 

system,’’ provide general requirements 

for the securement of logs. 

Specifically with respect to the 

securement of shortwood logs loaded 

lengthwise on flatbed and frame 

vehicles, § 393.116(e) of the FMCSRs 

requires—in addition to meeting the 

requirements of § 393.116(b) and (c)— 

each stack to be cradled in a bunk unit 

or contained by stakes, and (1) secured 

to the vehicle by at least two tiedowns, 

or (2) if all the logs in any stack are 

blocked in the front by a front-end 

structure strong enough to restrain the 

load, or by another stack of logs, and 

blocked in the rear by another stack of 

logs or vehicle end structure, the stack 

may be secured with one tiedown. If one 

tiedown is used, it must be positioned 

about midway between the stakes, or (3) 

be bound by at least two tiedown-type 

devices such as wire rope, used as 

wrappers that encircle the entire load at 

locations along the load that provide 

effective securement. If wrappers are 

being used to bundle the logs together, 

the wrappers are not required to be 

attached to the vehicle. 

However, 49 CFR 393.116(b)(3)(i) 

notes that tiedowns are not required for 

logs transported in crib-type trailers, as 

defined in 49 CFR 393.5, provided that 

the logs are loaded in compliance with 

§§ 393.116(b)(2) and 393.116(c) of the 

FMCSRs. 

B. Original Exemption 

GLTPA seeks an exemption from 49 

CFR 393.116(b)(3) and 393.116(e) to 

allow motor carriers in Wisconsin to use 

cargo securement methods that do not 

comply with the FMCSRs for securing 

shortwood logs transported lengthwise 

in crib-type vehicles that have been 

modified or manufactured without front 

structures, rear structures, or which 

have a center-mounted crane for loading 

and unloading. 

In its exemption application, GLTPA 

states that questions have arisen 

between industry and enforcement 

regarding the proper securement of logs 

in crib-type trailers when modifications 

to those trailers have been made— 

including the lack of a front or rear 

structure (either because the vehicle was 

manufactured without front or rear 

structures, or because motor carriers 

have removed them) and the addition of 

a center-mounted crane for loading and 

unloading the logs. GLTPA states that 

‘‘In these cases because the specific 

definition of a crib-type vehicle has not 

been met, enforcement has reverted to 

49 CFR 393.116(e), which addresses logs 

loaded lengthwise on flatbed and frame 

vehicles. Here, logs that are contained 

by structures or another stack of logs 

require one tie down. Stacks that do not 

have this containment such as end 

stacks without front/rear structures or 

those adjacent to a center-mounted 

crane would require two tiedowns.’’ 

In its exemption application, GLTPA 

references a ‘‘Cargo Securement 

Enforcement Policy’’ memorandum, 

dated December 31, 2003, from the 

FMCSA Assistant Administrator to its 

Field Administrators and Division 

Administrators. 


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Federal Register / Vol. 89, No. 175 / Tuesday, September 10, 2024 / Notices 73493 

Specifically, as it relates to the subject 

exemption application, the December 

2003 memorandum stated ‘‘Also, 

industry has requested the section 

393.116 be amended to allow one 

tiedown per bunk, spaced equally 

between the standards, when 

transporting short length logs loaded 

lengthwise between the first two 

standards and between the last two 

standards. They believe the current 

wording requiring the use of two 

tiedowns is unnecessary given the 

bunks and standards . . . With regard to 

allowing the use of one tiedown per 

bunk for shortwood logs loaded 

lengthwise between the first two 

standards and between the last two 

standards, FMCSA believes one tiedown 

is sufficient given the standards used to 

protect against lateral movement.’’ 

The GLTPA states ‘‘This language 

suggests that end stacks not protected by 

front and rear structures, but contained 

by stakes, bunks, or standards, would 

require one tiedown. By extension, this 

would also suggest that a crib-type 

trailer without front and rear structures 

would require one tiedown on each of 

the end stacks. It is GLTPA’s position 

that the interior stacks, which are 

protected by adjacent stacks of logs, 

should not be required to have 

tiedowns, provided they are loaded in 

accordance with 49 CFR 393.116(b)(3). 

With the front and rear stacks secured, 

the configuration is essentially now 

acting as a crib-type vehicle.’’ 

To ensure that this interpretation 

would not reduce safety, 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. 

In considering the December 2003 

FMCSA Cargo Securement Enforcement 

Policy memorandum, the cargo 

securement requirements for crib-type 

vehicles in the FMCSRs, and the testing 

described above, GLTPA requested an 

exemption from § 393.116 for the 

securement of shortwood loaded 

lengthwise. 

In its request, GLTPA proposes 

specific tiedown requirements based on 

the structural configuration of the cribtype trailer. In instances where a cribtype trailer lacks a front structure, at 

least two tiedowns are required on the 

foremost stack, while other stacks are 

exempt if loaded in accordance with 49 

CFR 393.116(b)(2) and 49 CFR 

393.116(c). Similarly, if a crib-type 

trailer lacks a rear structure, a minimum 

of one tiedown is required on the 

rearmost stack, with the same exception 

for other stacks meeting FMCSR 

requirements. For vehicles with an 

internal gap between stacks, potentially 

allowing logs to move without continual 

contact with stakes, bunks, bolsters, or 

standards, at least one tiedown is 

necessary on the respective stack. In 

cases where a single tiedown is used, 

proper positioning is emphasized— 

either midway between stakes or 

diagonally from front to rear, crossing 

over the stack at its midpoint. 

GLTPA states that the alternative 

cargo securement methods for securing 

shortwood logs loaded lengthwise 

proposed in its application will 

maintain a level of safety that is 

equivalent to, or greater than, the level 

of safety achieved without the 

exemption. 

IV. Public Comments 

FMCSA published a notice of the 

application in the Federal Register on 

May 11, 2023, and asked for public 

comment (88 FR 30382). The Agency 

received a total of ten comments 

(www.regulations.gov; docket ID: 

FMCSA–2023–0113), all in support of 

the exemption. The common comment 

across all submissions was the 

established safety and efficiency of 

using crib-type trailers for transporting 

wood products. They emphasize the 

positive safety record, incident-free 

history, and the benefits of the crib-type 

trailer configuration for wood log 

securement. 

V. Equivalent Level of Safety Analysis 

GLTPA and the Wisconsin State 

Patrol Motor Carrier Enforcement 

Section tested the effectiveness of a 

single tiedown on a stack of logs 

contained in a crib-type configuration. 

GLTPA states that specifically, the load 

was subjected to various simulated 

longitudinal g forces. Although not 

directly applicable to the cargo-specific 

requirements for logs, the tiedown 

performance criteria outlined in 49 CFR 

393.102 was used as guidance. 

GLTPA states that the testing showed 

that a single tiedown, on average, was 

able to maintain a stack of low-friction 

logs under winter conditions to 

approximately 0.5 g. This average was 

increased to 0.63 g for high-friction 

hardwood logs. It is noted that 0.8 g was 

obtained through the use of two 

tiedowns. The results demonstrated that 

a single tiedown, on average, effectively 

secured a stack of shortwood loaded 

lengthwise in accordance with 49 CFR 

393.102. Copies of the testing performed 

by GLTPA and the Wisconsin State 

Patrol Motor Carrier Enforcement 

Section are contained in the docket. 

Although the GLTPA test and the 

2003 Enforcement Policy recommend a 

single tiedown on the foremost stack, 

feedback from GLTPA member carriers, 

following a review of GLTPA’s proposal 

and test results, has supported the use 

of two tiedowns for enhanced driver 

safety. According to the GLTPA 

members, two tiedowns provides 0.8g 

which exceeds heavy vehicle braking 

ability, and therefore provides an added 

element of safety in the event of a crash. 

In evaluating the safety impact of the 

exemption request, FMCSA considered 

factors such as the type of bunk 

compared to a crib-type trailer, log size, 

log direction, surface condition of the 

logs (low and high friction logs), 

quantity and position of tiedowns, and 

the g-forces exerted on the tiedowns. 

VI. FMCSA Decision 

FMCSA appreciates the comments 

that the use of crib-type trailers for 

transporting wood products is the safest 

way to secure the load due to their 

safety record on the highways. Further, 

FMCSA believes that a vehicle 

manufactured as a crib-type log trailer 

as defined in § 393.5 will provide 

restraint of the shortwood logs in the 

lateral and longitudinal directions, even 

when the rear- or front-end structure are 

replaced with one or two tie downs, 

respectively. 

Crib-type trailers use stakes, bunks, a 

front-end structure, and a rear structure 

to restrain logs on trailers. The stakes 

prevent movement of logs from side to 

side on the vehicle while the front-end 

and rear structures prevent movement of 

the logs from front to back on the 

vehicle. The intent of such systems is to 

enable motor carriers to transport logs 

without the use of wrapper chains or 

straps to secure the load, thereby 

expediting the loading and unloading 

process. The Agency believes that a 

single tiedown is adequate to secure 

stacks of shortwood logs in the 

longitudinal direction if the gates are 

removed, or when positioned 

immediately adjacent to a space 

between stacks such that a log could 

theoretically move in the forward or 

rearward direction and not be 

continually in contact with at least two 

stakes, such as that created by a centermounted crane for loading and 

unloading logs. 

The cargo securement test conducted 

by GLTPA in collaboration with the 

Wisconsin State Patrol Motor Carrier 

Enforcement Section demonstrated that 

the one-tiedown securement method 

meets the specified requirements in 49 

CFR 393.102. This collaborative effort 

further strengthens the evidence 

supporting the effectiveness of using 

one tiedown for transporting shortwood 

logs loaded lengthwise in a crib-type 


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73494 Federal Register / Vol. 89, No. 175 / Tuesday, September 10, 2024 / Notices 

vehicles that have been manufactured or 

modified and no longer meet the cribtype trailer definition in § 393.5. 

Accordingly, FMCSA concludes that 

the alternative cargo securement 

techniques proposed in GLTPA’s 

application are likely to achieve a level 

of safety that is equivalent to, or greater 

than, the level of safety achieved 

without the exemption. 

VII. Terms and Conditions for the 

Exemption 

1. This exemption is limited to motor 

carriers within the state of Wisconsin 

engaged exclusively in the 

transportation of shortwood logs loaded 

lengthwise using crib-type vehicles that 

have been modified or manufactured 

without front structures, rear structures, 

or which have an internal gap such as 

that created by a center-mounted crane 

for loading and unloading. However, it 

does not apply to any other cargo type 

or other trailer configuration. 

2. Logs transported in a crib or bunk 

type vehicle without a front structure 

will require at least two tiedowns on the 

foremost stack. All other stacks will not 

require tiedowns provided they are 

loaded in accordance with 49 CFR 

393.116(b)(2) and 49 CFR 393.116(c). 

3. Logs transported in a crib or bunk 

vehicle without a rear structure will 

require at least one tie down on the 

rearmost stack. All other stacks will not 

require tiedowns provided they are 

loaded in accordance with 49 CFR 

393.116(b)(2) and 49 CFR 393.116(c). 

4. Logs transported in a crib or bunk 

type vehicle having an internal gap 

between stacks such that a log could 

theoretically move in the forward or 

rearward direction and not be 

continually in contact with at least two 

stakes, bunks, bolsters or standards will 

require at least one tiedown on that 

stack. 

5. When one tiedown is used, it must 

be positioned about midway between 

the stakes or cross diagonally from the 

front to the rear crossing midway over 

the stack. 

6. 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. 

7. Motor carriers operating under this 

exemption involved in any crash during 

the transportation of shortwood logs 

must notify FMCSA within 7 business 

days of the crash by email at MCPSV@

DOT.GOV, even if such crash is not a 

recordable crash as defined in § 390.5T. 

A. 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. 

B. Termination 

The exemption will be valid for 5 

years, unless revoked earlier by FMCSA. 

FMCSA does not believe that motor 

carriers and CMVs covered by the 

exemption will experience any 

deterioration of their safety record. 

However, should this occur, FMCSA 

will take all steps necessary to protect 

the public interest, including revocation 

of the exemption without prior notice. 

The exemption may be immediately 

rescinded if: (1) motor carriers 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(e) or 31315(b). 

Interested parties possessing 

information that would demonstrate 

that this exemption or motor carriers 

operating under this exemption in the 

state of Wisconsin 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(e) or 31315(b), will 

take immediate steps to revoke the 

exemption or impose additional 

requirements as part of the exemption. 

Vincent G. White, 

Acting Administrator. 

[FR Doc. 2024–20377 Filed 9–9–24; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

[Docket No. MARAD–2024–0119] 

Coastwise Endorsement Eligibility 

Determination for a Foreign-Built 

Vessel: KHALEESI (MOTOR); Invitation 

for Public Comments 

AGENCY: Maritime Administration, DOT. 

ACTION: Notice. 

SUMMARY: The Secretary of 

Transportation, as represented by the 

Maritime Administration (MARAD), is 

authorized to issue coastwise 

endorsement eligibility determinations 

for foreign-built vessels which will carry 

no more than twelve passengers for hire. 

A request for such a determination has 

been received by MARAD. By this 

notice, MARAD seeks comments from 

interested parties as to any effect this 

action may have on U.S. vessel builders 

or businesses in the U.S. that use U.S.- 

flag vessels. Information about the 

requestor’s vessel, including a brief 

description of the proposed service, is 

listed below. 

DATES: Submit comments on or before 

October 10, 2024. 

ADDRESSES: You may submit comments 

identified by DOT Docket Number 

MARAD–2024–0119 by any one of the 

following methods: 

• Federal eRulemaking Portal: Go to 

https://www.regulations.gov. Search 

MARAD–2024–0119 and follow the 

instructions for submitting comments. 

• Mail or Hand Delivery: Docket 

Management Facility is in the West 

Building, Ground Floor of the U.S. 

Department of Transportation. The 

Docket Management Facility location 

address is U.S. Department of 

Transportation, MARAD–2024–0119, 

1200 New Jersey Avenue SE, West 

Building, Room W12–140, Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except on 

Federal holidays. 

Note: If you mail or hand-deliver your 

comments, we recommend that you 

include your name and a mailing 

address, an email address, or a 

telephone number in the body of your 

document so that we can contact you if 

we have questions regarding your 

submission. 

Instructions: All submissions received 

must include the agency name and 

specific docket number. All comments 

received will be posted without change 

to the docket at www.regulations.gov, 

including any personal information 

provided. For detailed instructions on 

submitting comments, or to submit 

comments that are confidential in 

nature, see the section entitled Public 

Participation. 

FOR FURTHER INFORMATION CONTACT: 

Patricia Hagerty, U.S. Department of 

Transportation, Maritime 

Administration, 1200 New Jersey 

Avenue SE, Room W23–461, 

Washington, DC 20590. Telephone: 

(202) 366–0903. Email: 

patricia.hagerty@dot.gov. 

SUPPLEMENTARY INFORMATION: As 

described in the application, the 

intended service of the vessel 

KHALEESI is: 


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