Federal Register / Vol. 87, No. 80 / Tuesday, April 26, 2022 / Notices 24611 

Authority: 23 U.S.C. 139(l)(1). 

Dated: April 20, 2022. 

Christina Leach, 

Acting Director, Planning, Environment and 

Right of Way, Federal Highway 

Administration, California Division. 

[FR Doc. 2022–08825 Filed 4–25–22; 8:45 am] 

BILLING CODE 4910–RY–P 

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. 

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 commodityspecific 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: 

• Federal eRulemaking Portal: 

www.regulations.gov. See the Public 

Participation and Request for Comments 

section below for further information. 

• Mail: Dockets Operations, U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE, West Building, 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• 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. 

• 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. 

Jose ́ 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 81⁄2 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, selfaddressed 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 fiveyear 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 


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24612 Federal Register / Vol. 87, No. 80 / Tuesday, April 26, 2022 / Notices 

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° 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° 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 preJanuary 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 MCPSD@DOT.GOV. 

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 


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Federal Register / Vol. 87, No. 80 / Tuesday, April 26, 2022 / Notices 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 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

[Docket No. MARAD–2022–0076] 

Deepwater Port License Application: 

New Fortress Energy Louisiana FLNG 

LLC 

AGENCY: Maritime Administration, 

Department of Transportation. 

ACTION: Notice of intent; notice of public 

meeting; request for comments. 

SUMMARY: The U.S. Coast Guard (USCG), 

in coordination with the Maritime 

Administration (MARAD), will prepare 

an environmental impact statement 

(EIS) as part of the environmental 

review of the New Fortress Energy 

Louisiana FLNG LLC (Applicant) 

deepwater port license application. The 

application proposes the ownership, 

construction, operation and eventual 

decommissioning of an offshore natural 

gas export deepwater port, known as 

New Fortress Energy Louisiana FLNG, 

that would be located in Federal waters 

approximately 16 nautical miles off the 

southeast coast of Grand Isle, Louisiana 

in a water depth of approximately 30 

meters. The deepwater port would allow 

for the loading of liquefied natural gas 

(LNG) trading carriers. This Notice of 

Intent (NOI) requests public 

participation in the scoping process, 

provides information on how to 

participate and announces an 

informational virtual open house and 

virtual public meeting. Pursuant to the 

criteria provided in the Deepwater Port 

Act of 1974, as amended, Louisiana is 

the designated Adjacent Coastal State 

(ACS) for this application. 

DATES: The public meeting will be held 

virtually, on May 11, 2022, from 6:00 

p.m. to 8:00 p.m. Central Standard Time 

(CST). The virtual public meeting will 

be preceded by a virtual open house 

from 4:00 p.m. to 6:00 p.m. CST. The 

public meeting may end later than the 

stated time, depending on the number of 

persons who wish to make a comment 

on the record. Additionally, materials 

submitted in response to this request for 

comments on the New Fortress Energy 

Louisiana FLNG deepwater port license 

application must be submitted to the 

www.regulations.gov website or the 

Federal Docket Management Facility as 

detailed in the ADDRESSES section below 

by the close of the comment period. 

ADDRESSES: You may submit comments 

identified by DOT Docket Number 

MARAD–2022–0076 by any one of the 

following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Search 

MARAD–2022–0076 and follow the 

instructions for submitting comments. 

• Mail or Hand Delivery: The 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–2022–0076, 

1200 New Jersey Avenue SE, West 

Building, Room W12–140, Washington, 

DC 20590. Due to flexible work 

schedules in response to COVID–19, call 

202–493–0402 to determine facility 

hours prior to hand delivery. 

Note: If you mail or hand-deliver your 

comments, we recommend that you 

include your name and a mailing 

address, an email address, and/or a 

telephone number in a cover page 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, see the section 

entitled Public Participation. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Brian Barton, Maritime Administration, 

telephone 202–366–0302, email: 

Brian.Barton@dot.gov, or Ms. Galia 

Kaplan, U.S. Coast Guard, telephone: 

202–372–1567, email: Galia.Kaplan@

uscg.mil. For questions regarding 

viewing the Docket, call Docket 

Operations, telephone: 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Public Meeting and Open House 

We encourage you to attend the 

informational open house and virtual 

public meeting to learn about, and 

comment on, the proposed deepwater 

port. You will have the opportunity to 

submit comments on the scope and 

significance of the issues related to the 

proposed deepwater port that should be 

addressed in the EIS. 

Speaker registration is available 

online http://

louisianaflngnepaprocess.com/ or by 

calling 1–877–589–8895. Speakers at the 

virtual public meeting will be 

recognized in the following order: 

Elected officials, public agencies, 

individuals or groups in the sign-up 

order and then anyone else who wishes 

to speak. 

In order to allow everyone a chance 

to speak at a public meeting, we may 

limit speaker time, extend the meeting 

hours, or both. You must identify 

yourself, and any organization you 

represent, by name. Your remarks will 

be recorded and/or transcribed for 

inclusion in the public docket. 

You may submit written material 

though docket submission or by 

contacting the MARAD or USCG project 

manager identified in FOR FURTHER

INFORMATION CONTACT either in place of, 

or in addition to, speaking. Written 

material should include your name and 

address and will be included in the 

public docket. 

Public docket materials will be made 

available to the public on the Federal 

Docket Management Facility website 

(see ADDRESSES). 

If you plan to participate in the open 

house or public meeting and need 

special assistance such as sign language 

interpretation, non-English language 

translator services or other reasonable 

accommodation, please notify MARAD 

or the USCG (see FOR FURTHER

INFORMATION CONTACT) at least 5 

business days in advance of the public 

meeting. Include your contact 

information as well as information 

about your specific needs. 

Request for Comments 

We request public comment on this 

proposal. The comments may relate to, 

but are not limited to, the 

environmental impact of the proposed 

action. All comments will be accepted. 

The public meeting is not the only 

opportunity you have to comment on 

the New Fortress Energy Louisiana 

FLNG deepwater port license 

application. In addition to, or in place 

of, attending a meeting, you may submit 

comments directly to the Federal Docket 

Management Facility during the public 

comment period (see DATES). We will 

consider all comments and material 

received during the 30-day scoping 

period. 

The license application, comments 

and associated documentation, as well 

as the draft and final EISs (when 

published), are available for viewing at 

the Federal Docket Management System 

(FDMS) website: http://

www.regulations.gov under docket 

number MARAD–2022–0076. 


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