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 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 204 / Tuesday, October 22, 2024 / Notices 84439 

1 In their renewal request, the applicants 

additionally asked for relief from 49 CFR 393.11, 

which requires ‘‘lamps or reflective devices’’ to be 

affixed to the rear of a load that extends more than 

4 feet beyond a trailer. Because this is a new request 

for exemption, FMCSA is not considering the 

request with the renewal of the current exemption. 

FMCSA will process that request separately. 

added a supplemental document to the 

docket titled ‘‘McKee Foods 

Transportation Sleeper-Berth Exemption 

Provisions Interpretation.’’ FMCSA 

reopens the comment period to allow 

the public an opportunity to review 

MFT’s application for renewal of its 

exemption along with the supplemental 

document available for review in the 

docket. 

DATES: Comments must be received on 

or before November 21, 2024. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Pearlie Robinson, FMCSA Driver and 

Carrier Operations Division; Office of 

Carrier, Driver and Vehicle Safety 

Standards; FMCSA; 1200 New Jersey 

Avenue SE, Washington, DC 20590– 

0001; (202) 366–4225; or 

pearlie.robinson@dot.gov. If you have 

questions on viewing or submitting 

material to the docket, contact Docket 

Services, telephone (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation and Request for 

Comments 

Instructions and additional 

information concerning submitting 

comments may be viewed under the 

ADDRESSES heading and in section I of 

the SUPPLEMENTARY INFORMATION

heading in the July 10, 2024, notice of 

MFT’s exemption renewal application at 

89 FR 56787–56788. 

II. Background 

FMCSA published a notice of MFT’s 

application to renew its exemption ‘‘for 

the maximum available period’’ from 

the sleeper berth requirements, which 

previously were set forth in 49 CFR 

395.1(g)(1)(ii)(A) and (B) on July 10, 

2024, with a comment deadline of 

August 9, 2024. That notice sought 

public comment on the renewal 

application but did not include the 

supplemental document titled ‘‘McKee 

Foods Transportation Sleeper-Berth 

Exemption Provisions Interpretation’’ in 

the docket. FMCSA believes that 

potential commenters should have an 

opportunity to review both documents. 

Accordingly, FMCSA reopens the 

comment period for all comments on 

MFT’s application for renewal of its 

exemption in light of the supplemental 

document explaining the interpretation 

of the exemption. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2024–24451 Filed 10–21–24; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2018–0090] 

Parts and Accessories Necessary for 

Safe Operation; Exemption Renewal 

for Automobile Carriers Conference 

and Auto Haulers Association of 

America 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of final disposition; 

renewal of exemption. 

SUMMARY: FMCSA announces its final 

decision to renew an exemption 

requested jointly by the Automobile 

Carriers Conference (ACC) of the 

American Trucking Associations and 

the Auto Haulers Association of 

America (AHAA) to relieve motor 

carriers operating stinger-steered 

automobile transporter equipment from 

the requirement to place warning flags 

on projecting loads of new and used 

motor vehicles. The Federal Motor 

Carrier Safety Regulations (FMCSRs) 

require any commercial motor vehicle 

(CMV) transporting a load which 

extends more than 4 feet beyond the 

rear of the vehicle be marked with a 

single red or orange fluorescent warning 

flag at the extreme rear if the projecting 

load is 2 feet wide or less and two 

warning flags if the projecting load is 

wider than 2 feet. The exemption is 

renewed for 5 years, unless revoked 

earlier. 

DATES: This renewed exemption is 

effective August 9, 2024, through 

February 15, 2029, unless revoked 

earlier. Comments must be received on 

or before November 21, 2024. 

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 material in the 

docket, call Dockets Operations at (202) 

366–9826. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation 

A. Viewing Comments and Documents 

To view any documents mentioned as 

being available in the docket, go to 

https://www.regulations.gov/docket/ 

FMCSA-2018-0090/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. 

B. 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 at 

https://www.transportation.gov/ 

individuals/privacy/privacy-act-systemrecords-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 5-year 

periods 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)). 

ACC and AHAA have requested a 5-year 

extension of the current exemption. 

III. Background 

Current Regulatory Requirements 

FMCSA requires in § 393.87 any CMV 

transporting a load which extends 

beyond the sides by more than 4 inches, 

or more than 4 feet beyond the rear, to 

have the extremities of the load marked 

with red or orange fluorescent warning 

flags. Each warning flag must be at least 

18 inches square. There must be a single 

flag at the extreme rear if the projecting 

load is 2 feet wide or less, and two 

warning flags are required if the 

projecting load is wider than 2 feet.1

The flags must be located to indicate the 

maximum width of loads which extend 

beyond the sides and/or rear of the 

vehicle. 


ddrumheller on DSK120RN23PROD with NOTICES1