Federal Register / Vol. 89, No. 204 / Tuesday, October 22, 2024 / Notices 84437 

manufactured in the United States, are 

not inherently compliant with FHWA’s 

Buy America and may not necessarily 

be permanently incorporated into 

FHWA-funded projects. 

Finally, the fifth commenter, 

representing the domestic supplier 

identified by UDOT as using gasdelivered explosives noted above, stated 

that the company was not consulted on 

the viability of its product to work in 

the project terrain and contested the 

statement from UDOT that its products 

are not a viable alternative for the 

project. When determining whether 

steel and iron materials or products are 

not produced in the United States in 

sufficient and reasonably available 

quantities which are of a satisfactory 

quality pursuant to 23 U.S.C. 313(b)(2) 

and 23 CFR 635.410(c)(1)(ii), FHWA 

considers whether the recipient has 

used appropriate due diligence to 

identify domestic products or 

domestically available alternative 

products that meet the recipient’s 

specifications. A comparable product 

that performs a similar function is not 

necessarily a domestic alternative; the 

product must also meet the recipient’s 

specific requirements that are deemed 

necessary in order to achieve the 

performance objectives of the project. 

The FHWA’s statutory requirements do 

not require recipients to change product 

specifications in order to utilize 

domestic products that do not meet the 

recipient’s original specifications. 

Accordingly, as FHWA views this fifth 

commenter as arguing UDOT should 

modify their original specifications to 

accommodate their domestic product, 

FHWA does not believe that this 

commenter has demonstrated that they 

have a suitable domestic alternative. 

In sum, no commenter provided 

information on potential domestic 

manufacturers of suspended explosive 

charge RACS. Thus, UDOT did not 

receive any new information indicating 

that the waiver items could be produced 

by domestic manufacturers from any of 

the commenters. 

The FHWA believes that UDOT has 

made substantial efforts to find suitable 

Buy America-compliant waiver items 

that will safely and effectively serve the 

purpose of this project but that such 

products are unavailable. 

Timing and Need for a Waiver: The 

waiver items are essential to achieving 

the goal of replacing the current use of 

live artillery with a safer remoteactivated system that can provide 

highway avalanche mitigation. 

While UDOT did not request a waiver 

for the reinforced foundation of the 

RACS, as such foundation can be 

domestically manufactured, the waiver 

items are engineered to work together as 

a single system, and exchanging parts of 

the system would reduce the reliability 

and safety of the system. Accordingly, 

the waiver items at issue must be 

purchased and installed as a single 

system, and UDOT has not located any 

domestic manufacturers for the waiver 

items meeting the project’s 

specifications, nor has any domestic 

manufacturer identified the ability to 

produce Buy America-compliant waiver 

items through the public comment 

process. 

Executive Order 14005: Executive 

Order (E.O.) 14005, entitled ‘‘Ensuring 

the Future is Made in All of America by 

All of America’s Workers,’’ provides 

that Federal Agencies should, consistent 

with applicable law, maximize the use 

of goods, products, and materials 

produced in, and services offered in, the 

United States. 86 FR 7475 (Jan. 28, 

2021). Based on the information 

contained in the waiver request from 

UDOT and the lack of responsive 

comments to the notice of waiver 

request, FHWA concludes that issuing a 

waiver is not inconsistent with E.O. 

14005. 

Finding and Request for Comments 

Based on all the information available 

to the Agency, FHWA concludes that 

there are no Buy America-compliant 

waiver items meeting the project’s 

specifications and is waiving its Buy 

America requirements for steel and iron 

set forth at 23 U.S.C. 313 and 23 CFR 

635.410 for recipient purchases of 16 

RACS using suspended explosive 

charges for avalanche highway 

mitigation in Little Cottonwood Canyon. 

For each RACS, this waiver will cover 

only: (i) the tower; (ii) the deployment 

box; and (iii) the charges (collectively 

‘‘waiver items’’). This waiver does not 

apply to other components of the RACS, 

such as reinforced foundations, which 

must be compliant with FHWA’s Buy 

America requirements. In addition, this 

waiver does not cover additional 

charges purchased for the RACS. 

The waiver applies to the waiver 

items used in the project that are subject 

to FHWA’s Buy America requirements 

as a result of obligations of Federal 

financial assistance made by FHWA for 

the project. 

The UDOT and its contractors and 

subcontractors involved in the 

procurement of the relevant components 

are reminded of the need to comply 

with the Cargo Preference Act in 46 CFR 

part 38, if applicable. 

In accordance with the provisions of 

section 117 of the SAFETEA–LU 

Technical Corrections Act of 2008, 

FHWA is providing this notice as its 

finding that a waiver of its Buy America 

requirements for steel and iron is 

appropriate. The FHWA invites public 

comment on this finding for an 

additional five days following the 

effective date of the finding. Comments 

may be submitted to FHWA’s website 

via the link provided to the waiver page 

noted above. 

Authority: 23 U.S.C. 313; Pub. L. 110– 

161; 23 CFR 635.410. 

Kristin R. White, 

Acting Administrator, Federal Highway 

Administration. 

[FR Doc. 2024–24334 Filed 10–21–24; 8:45 am] 

BILLING CODE 4910–22–P 

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 final disposition; grant 

of application for exemption. 

SUMMARY: FMCSA announces its 

decision to 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. 

FMCSA concludes that renewing the 

exemption, subject to the terms and 

conditions set forth below, is likely to 

achieve a level of safety equivalent to or 

greater than the level of safety that 

would be achieved absent the 

exemption. 

DATES: This renewed exemption is 

effective April 15, 2024, through April 

15, 2029. 

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. 


ddrumheller on DSK120RN23PROD with NOTICES1
84438 Federal Register / Vol. 89, No. 204 / Tuesday, October 22, 2024 / Notices 

1 89 FR 51586. 

SUPPLEMENTARY INFORMATION: 

I. 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. 

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 June 18, 2024, FMCSA issued a 

notice of provisional renewal of 

exemption for AFTC for a period of 6 

months.1 FMCSA requested comments 

on the application for exemption from 

AFTC on the use of alternative cargo 

securement methods. The comment 

period closed on July 18, 2024. The 

Agency did not receive any comments 

to the notice. 

IV. Exemption Decision 

A. Grant of Exemption 

As explained in the provisional 

renewal of exemption notice, the 

Agency believes that granting the 

temporary exemption to allow 

alternative methods for the securement 

of 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 larger singular units, as 

proposed by AFTC in its original 

exemption application, will likely 

provide a level of safety that is 

equivalent to, or greater than, the level 

of safety achieved without the 

exemption. The Agency hereby grants 

an exemption for a 5-year period, 

beginning April 15, 2024, and ending 

April 15, 2029, from 49 CFR 393.102, 

393.106, 393.110, and 393.114, to allow 

alternate methods for the securement of 

(1) agricultural commodities transported 

in wood and plastic boxes and bins and 

large fiberglass tubs, and (2) hay, straw, 

and cotton bales that are grouped 

together into large singular units. 

B. Applicability of Exemption 

During the exemption period, motor 

carriers operating commercial motor 

vehicles (CMVs) may use 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 Federal Motor 

Carrier Safety Regulations (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 

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 when operating under this 

exemption. The first submission is due 

5 months after the date of publication of 

the provisional exemption renewal in 

the Federal Register (published June 18, 

2024), and 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, and the date 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. Termination 

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. The exemption will be 

rescinded if: (1) motor carriers, drivers, 

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) and 31315(b). 

Vincent G. White, 

Deputy Administrator. 

[FR Doc. 2024–24446 Filed 10–21–24; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2014–0071] 

Hours of Service of Drivers: McKee 

Foods Transportation, LLC, 

Application for Exemption 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of application for 

renewal of exemption; extension of 

comment period. 

SUMMARY: FMCSA reopens the comment 

period for its July 10, 2024, notice 

requesting public comment on an 

application from McKee Foods 

Transportation, LLC (MFT) for a 

renewal of its exemption from the 

hours-of-service regulation pertaining to 

the use of a sleeper berth. FMCSA has 


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