[Federal Register Volume 87, Number 80 (Tuesday, April 26, 2022)]
[Notices]
[Pages 24611-24613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08806]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0177]


Parts and Accessories Necessary for Safe Operation; Exemption 
Renewal for the Flatbed Carrier Safety Group

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of renewal of exemption; request for comments.

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SUMMARY: FMCSA renews the Flatbed Carrier Safety Group's (FCSG) 
exemption which allows the securement of metal coils on a flatbed 
vehicle, in a sided vehicle, or in an intermodal container loaded with 
eyes crosswise, grouped in rows, in which the coils are loaded to 
contact each other in the longitudinal direction. Motor carriers may 
continue to use the pre-January 1, 2004, cargo securement regulations 
for the transportation of groups of metal coils with eyes crosswise, as 
this loading configuration is not currently covered under the Agency's 
commodity-specific rules for securing metal coils in the Code of 
Federal Regulations. The Agency has concluded that granting this 
exemption renewal will likely maintain a level of safety that is 
equivalent to, or greater than, the level of safety achieved without 
the exemption. The Agency welcomes public comments on the renewal.

DATES: This decision is effective April 26, 2022. Comments must be 
received on or before May 26, 2022.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2010-0177 using any of the 
following methods:
    <bullet> Federal eRulemaking Portal: www.regulations.gov. See the 
Public Participation and Request for Comments section below for further 
information.
    <bullet> Mail: Dockets Operations, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
    <bullet> Hand Delivery or Courier: West Building, Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m., ET, 
Monday through Friday, except Federal holidays.
    <bullet> Fax: (202) 493-2251.
    Each submission must include the Agency name and the docket number 
for this notice (FMCSA-2010-0177). Note that DOT posts all comments 
received without change to www.regulations.gov, including any personal 
information included in a comment. Please see the Privacy Act heading 
below.
    Docket: For access to the docket to read background documents or 
comments, go to www.regulations.gov at any time or visit 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 Dockets 
Operations.
    Privacy Act: 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, without edit, including any personal information 
the commenter provides, to www.regulations.gov, as described in the 
system of records notice (DOT/ALL 14--FDMS), which can be reviewed at 
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Mr. Jos[eacute] R. Cestero, Vehicle 
and Roadside Operations Division, Office of Carrier, Driver, and 
Vehicle Safety, MC-PSV, (202) 366-5541, Federal Motor Carrier Safety 
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and 
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (FMCSA-2010-0177), indicate the specific section of this 
document to which the comment applies, and provide a reason for 
suggestions or recommendations. You may submit your comments and 
material online or by fax, mail, or hand delivery, but please use only 
one of these means. FMCSA recommends that you include your name and a 
mailing address, an email address, or a phone number in the body of 
your document so the Agency can contact you if it has questions 
regarding your submission.
    To submit your comment online, go to www.regulations.gov and put 
the docket number, ``FMCSA-2010-0177'' in the ``Keyword'' box, and 
click ``Search.'' When the new screen appears, click on the ``Comment 
Now!'' button and type your comment into the text box in the following 
screen. Choose whether you are submitting your comment as an individual 
or on behalf of a third party and then submit. If you submit your 
comments by mail or hand delivery, submit them in an unbound format, no 
larger than 8\1/2\ by 11 inches, suitable for copying and electronic 
filing. If you submit comments by mail and would like to know that they 
reached the facility, please enclose a stamped, self-addressed postcard 
or envelope. FMCSA will consider all comments and material received 
during the comment period.

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 Federal Motor Carrier 
Safety Regulations for a 5-year period if it finds ``such exemption 
would likely achieve a level of safety that is equivalent to, or 
greater than, the level that would be achieved absent such exemption.'' 
FCSG has requested a five-year extension of the current exemption in 
Docket No. FMCSA-2010-0177.

III. Background

    FMCSA may renew an exemption from the Federal Motor Carrier Safety 
Regulations for a five-year period (49 U.S.C. 31315(b)(2)) if it finds 
``such exemption would likely achieve a level of safety that is 
equivalent to, or greater than, the level that would be achieved absent 
such exemption'' (49 U.S.C. 31315(b)(1); see also 49 U.S.C. 31136(e)). 
FCSG has requested a five-year extension for the exemption from 49 CFR 
393.120 to allow motor carriers to comply with the pre-January 1, 2004, 
cargo securement regulations (then at 49 CFR 393.100(c)) for the 
transportation of groups of metal coils with eyes crosswise. The 
procedures for requesting an exemption (including renewals) are set out 
in 49 CFR part 381.

Current Regulation(s) Requirements

    Currently, 49 CFR 393.120 specifies requirements for the securement 
of one or more metal coils which, individually or grouped together, 
weigh 5,000 pounds or more. Metal coils can be transported with eyes 
vertical, lengthwise, or crosswise.
    Unlike the requirements for securing coils with eyes vertical (49 
CFR 393.120(b)) and lengthwise (49 CFR 393.120(d)), the current 
securement

[[Page 24612]]

requirements for coils with eyes crosswise (49 CFR 393.120(c)) only 
speak of individual coils; there are no specific requirements for 
securing rows of coils. As such, a motor carrier transporting a row of 
coils with eyes crosswise must secure each coil as an individual coil 
in accordance with 49 CFR 393.120(c).
    FCSG noted that the regulations in place prior to January 1, 2004, 
directly addressed the securement of groups of coils loaded with eyes 
crosswise. Section 393.100(c) previously read as follows:
    (c)(3)(ii) Coils with eyes crosswise: Each coil or transverse row 
of coils loaded side by side and having approximately the same outside 
diameters must be secured by--
    (a) A tiedown assembly through the eye of each coil, restricting 
against forward motion and making an angle of less than 45[deg] with 
the horizontal when viewed from the side of the vehicle;
    (b) A tiedown assembly through the eye of each coil, restricting 
against rearward motion and making an angle of less than 45[deg] with 
the horizontal when viewed from the side of the vehicle; and
    (c) Timbers, having a nominal cross section of 4 x 4 inches or more 
and a length which is at least 75 percent of the width of the coil or 
row of coils, tightly placed against both the front and rear sides of 
the coil or row of coils and restrained to prevent movement of the coil 
or coils in the forward and rearward directions.
    (d) If coils are loaded to contact each other in the longitudinal 
direction and relative motion between coils, and between coils and the 
vehicle, is prevented by tiedown assemblies and timbers--
    (1) Only the foremost and rearmost coils must be secured with 
timbers; and
    (2) A single tiedown assembly, restricting against forward motion, 
may be used to secure any coil except the rearmost one, which must be 
restrained against rearward motion.

Application for Renewal of Exemption

    FCSG applied for an exemption from 49 CFR 393.120 in 2010 to allow 
motor carriers to comply with the pre-January 1, 2004, cargo securement 
regulations for the transportation of groups of metal coils with eyes 
crosswise. FMCSA granted the exemption on April 14, 2011 (76 FR 20867) 
and renewed it on June 11, 2013 (78 FR 35087), June 4, 2015 (80 FR 
31956), and again on April 21, 2017 (82 FR 18810). The exemption 
expires on April 13, 2022.

IV. Equivalent Level of Safety Analysis

    FMCSA is not aware of any evidence showing that compliance with the 
pre-January 1, 2004, cargo securement regulations for the 
transportation of groups of metal coils with eyes crosswise, in 
accordance with the conditions of the original exemption, has resulted 
in any degradation in safety. The Agency believes that extending the 
exemption for a period of 5 years will likely achieve a level of safety 
that is equivalent to, or greater than, the level of safety achieved 
without the exemption because the metal coils are grouped and secured 
together in the longitudinal direction, i.e., ``unitized,'' with the 
cargo securement system meeting all of the aggregate working load limit 
requirements of 49 CFR 393.106(d).

V. Exemption Decision

A. Grant of Exemption

    FMCSA renews the exemption for a period of 5 years subject to the 
terms and conditions of this decision. The renewal outlined in this 
notice extends the exemption from April 13, 2022, through April 13, 
2027.

B. Applicability of Exemption

    The exemption is restricted to motor carriers that haul metal coils 
with eyes crosswise in rows in which the coils are loaded to contact 
each other in the longitudinal direction.

C. Terms and Conditions

    Motor carriers covered by the exemption must meet the following 
requirements while still meeting the aggregate working load limit 
requirements of 49 CFR 393.106(d).
    Coils with eyes crosswise: If coils are loaded to contact each 
other in the longitudinal direction, and relative motion between coils, 
and between coils and the vehicle, is prevented by tiedown assemblies 
and timbers:
    (1) Only the foremost and rearmost coils must be secured with 
timbers having a nominal cross section of 4 x 4 inches or more and a 
length which is at least 75 percent of the width of the coil or row of 
coils, tightly placed against both the front and rear sides of the row 
of coils and restrained to prevent movement of the coils in the forward 
and rearward directions; and
    (2) The first and last coils in a row of coils must be secured with 
a tiedown assembly restricting against forward and rearward motion, 
respectively. Each additional coil in the row of coils must be secured 
to the trailer using a tiedown assembly.

D. 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 with respect to a 
firm or person operating under the exemption. States may, but are not 
required to, adopt the same exemption with respect to operations in 
intrastate commerce.

E. Notification to FMCSA

    Motor carriers covered by the exemption must notify FMCSA within 5 
business days of any accident (as defined in 49 CFR 390.5T) involving 
any of its CMVs operating under the terms of this exemption. The 
notification must include the following information:
    (a) Name of the exemption: ``FCSG'';
    (b) Name of the operating motor carrier;
    (c) Date of the accident;
    (d) City or town, and State, in which the accident occurred, or 
closest to the accident scene;
    (e) Driver's name and license number;
    (f) Vehicle number and State license number;
    (g) Number of individuals suffering physical injury;
    (h) Number of fatalities;
    (i) The police-reported cause of the accident;
    (j) Whether the driver was cited for violation of any traffic laws, 
motor carrier safety regulations; and
    (k) The driver's total driving time and total on-duty time period 
prior to the accident.
    Reports filed under this provision shall be emailed to 
<a href="/cdn-cgi/l/email-protection#1f525c4f4c5b5f5b504b31585049"><span class="__cf_email__" data-cfemail="8cc1cfdcdfc8ccc8c3d8a2cbc3da">[email protected]</span></a>.

F. Termination

    The exemption will be valid for 5 years unless rescinded earlier by 
FMCSA. The exemption will be rescinded if: (1) Motor carriers and/or 
commercial motor vehicles 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 objects of 
49 U.S.C. 31136(e) and 31315.

VI. Request for Comments

    FMCSA requests comments from parties with data concerning the 
safety record of motor carriers transporting groups of metal coils with 
eyes crosswise, in accordance with the conditions of the exemption. The 
Agency will evaluate adverse evidence

[[Page 24613]]

submitted during the comment period and at any time during the 5-year 
period of the exemption. If safety is being compromised or if 
continuation of the exemption would not be consistent with the goals 
and objectives of 49 U.S.C. 31136(e) and 31315(b)(1), FMCSA will take 
immediate steps to revoke the FCSG exemption.

Robin Hutcheson,
Deputy Administrator.
[FR Doc. 2022-08806 Filed 4-25-22; 8:45 am]
BILLING CODE 4910-EX-P


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