[Federal Register Volume 89, Number 204 (Tuesday, October 22, 2024)]
[Notices]
[Pages 84437-84438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24446]


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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 final disposition; grant of application for 
exemption.

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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; <a href="/cdn-cgi/l/email-protection#327f7162616472565d461c555d44"><span class="__cf_email__" data-cfemail="8dc0cedddedbcde9e2f9a3eae2fb">[email protected]</span></a>. If you have questions on viewing or 
submitting material to the docket, call Dockets Operations at (202) 
366-9826.

[[Page 84438]]


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.
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    \1\ 89 FR 51586.
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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 
<a href="/cdn-cgi/l/email-protection#2b66687b786f6b4f445f054c445d"><span class="__cf_email__" data-cfemail="f7bab4a7a4b3b7939883d9909881">[email protected]</span></a>. 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


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