[Federal Register Volume 75, Number 5 (Friday, January 8, 2010)]
[Notices]
[Pages 1070-1071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-106]



[[Page 1070]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2009-1079]


Cargo Securing Methods for Packages in Transport Vehicles or 
Freight Containers

AGENCY: Coast Guard, DHS.

ACTION: Notice of request for comments.

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SUMMARY: The Coast Guard seeks comments from the public on methods for 
securing cargo in transport vehicles and freight containers in order to 
determine if a standardized approval or certification process or 
improved performance criteria for flexible strapping securing systems 
is needed. Under current U.S. regulations and international codes, 
there is no certification or qualification standard for blocking, 
bracing, or for the use of strapping systems for securing cargo. Cargo 
must be secured to prevent shifting in any direction during transport. 
Packages of hazardous materials must be braced and dunnaged within a 
container so that they are not likely to be pierced or crushed and the 
materials must be in proper condition for transportation. Currently, 
the specific method for securing cargo is left to the discretion of the 
individual or company packing the container. The Coast Guard is 
considering whether there is a need for a standardized certification or 
approval process for cargo securing systems.

DATES: Comments and related material must either be submitted to our 
online docket via http://www.regulations.gov on or before March 9, 2010 
or reach the Docket Management Facility by that date.

ADDRESSES: You may submit comments identified by docket number USCG-
2009-1079 using any one of the following methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov.
    <bullet> Fax: 202-493-2251.
    <bullet> Mail: Docket Management Facility (M-30), U.S. Department 
of Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    <bullet> Hand delivery: Same as mail address above, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays. The 
telephone number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, 
call or e-mail Morgan Armstrong, telephone 202-372-1419, e-mail: 
<a href="/cdn-cgi/l/email-protection#511c3e2336303f7f157f10233c2225233e3f3611242232367f3c383d"><span class="__cf_email__" data-cfemail="94d9fbe6f3f5fabad0bad5e6f9e7e0e6fbfaf3d4e1e7f7f3baf9fdf8">[email protected]</span></a>. If you have questions on viewing or 
submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to submit comments and related material. All 
comments received will be posted, without change, to http://www.regulations.gov and will include any personal information you have 
provided.
    Submitting comments: If you submit a comment, please include the 
docket number for this notice (USCG-2009-1079) and provide a reason for 
each suggestion or recommendation. You may submit your comments and 
material online, or by fax, mail or hand delivery, but please use only 
one of these means. We recommend that you include your name and a 
mailing address, an e-mail address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Notices'' and insert ``USCG-2009-1079'' in the ``Keyword'' box. Click 
``Search'' then click on the balloon shape in the ``Actions'' column. 
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 them by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period.
    Viewing the comments: To view the comments, go to http://www.regulations.gov, click on the ``read comments'' box, which will 
then become highlighted in blue. In the ``Keyword'' box insert ``USCG-
2009-1079'' and click ``Search.'' Click the ``Open Docket Folder'' in 
the ``Actions'' column. If you do not have access to the Internet, you 
may view the docket online by visiting the Docket Management Facility 
in Room W12-140 on the ground floor of the Department of Transportation 
West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. We have an agreement with the Department of Transportation to 
use the Docket Management Facility.
    Privacy Act: Anyone can search the electronic form of comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review a 
Privacy Act, system of records notice regarding our public dockets in 
the January 17, 2008, issue of the Federal Register (73 FR 3316).

Background and Purpose

    It has recently been brought to the Coast Guard's attention that 
significant damage and shifting of packages has purportedly occurred in 
cargo transport units in which the cargo was secured with flexible 
strapping. There is a concern that without an approval process, certain 
flexible strapping systems could be used even though they may not 
adequately secure cargo when properly installed.
    Requirements for the securing of cargo can be found in 49 CFR 
176.76 and in Chapter 7.5 of the International Maritime Dangerous Goods 
(IMDG) Code. Additional recommendations can be found in the IMDG Code 
Supplement. These are the Guidelines for Packing of Cargo Transport 
Units (CTUs), which were developed in 1996 by the United Nations 
Economic Commission for Europe (UN ECE) Working Party on Combined 
Transport, the International Labor Organization (ILO), and the 
International Maritime Organization (IMO). These Guidelines are based 
on the existing ILO/IMO Guidelines for Packing Cargo in Freight 
Containers or Vehicles and are applicable to transport operations by 
all surface and water modes of transportation and the whole 
international transportation chain.
    As required in 49 CFR 176.76, cargo, including hazardous materials, 
transported in vehicles and freight containers must be secured during 
transport to prevent shifting of the cargo and damage to the container. 
This requirement is true for all modes of surface transportation due to 
the fact that containers are transported by vessel, rail, and highway. 
Accordingly, the cargo must be adequately secured to withstand the 
unique forces exerted on the packages during each of these modes

[[Page 1071]]

of transport. Although there are recommended methods, the ultimate 
responsibility for properly securing cargo inside a container (by 
blocking, bracing, and strapping) resides with the packer of the 
container.
    U.S. regulations make reference to dunnage as a method for securing 
cargo and defines it in 49 CFR 176.2 as ``lumber of not less than 25 mm 
(0.98 inch) commercial thickness or equivalent material laid over or 
against structures such as tank tops, decks, bulkheads, frames, 
plating, or ladders, or used for filling voids or fitting around cargo, 
to prevent damage during transportation.'' However, there is no 
reference made to flexible strapping systems. The Department of 
Transportation (DOT) has issued exemptions to 49 CFR 176.76(a)(4), 
allowing the use of fabric restraint dunnage systems to secure certain 
hazardous materials, when installed as specified by the manufacturer's 
instructions.
    There are a variety of options for developing a standard. One 
option is to request that the UN ECE, ILO, and IMO consider 
incorporating flexible strapping systems into their Guidelines. Another 
option is to have the International Standards Organization (ISO) 
develop testing and performance requirements. The U.S. could also 
create domestic regulations for incorporation into 49 CFR part 176. The 
final option is to continue operations as they currently exist, 
allowing the packer to determine the best method of securing cargo 
without a standardized approval or certification process.
    The Coast Guard invites comments on the following topics:
    <bullet> The need for a new approval process or certification 
standard for cargo securing systems.
    <bullet> Information on currently used standards for the approval 
and use of cargo securing systems.
    <bullet> Methods for ensuring or verifying that securing systems 
adequately secure cargo without damaging the container or cargo.
    <bullet> Existing test methods for securing systems.
    <bullet> Materials used for securing cargo within the container 
(e.g. wood, plastic, bags, web, wire, chain, etc.).
    <bullet> Allowances for movement of cargo within the container when 
securing systems are used.
    <bullet> Information on cargo securing systems that are currently 
being used to secure cargo in containers, both domestically and 
internationally.
    Written comments and responses to the above topics will be added to 
the docket number for this notice (USCG-2009-1079). The Coast Guard 
intends to review and analyze all comments received in order to develop 
a way forward for securing cargo in containers.
    This notice is issued under authority of 5 U.S.C. 552.

    Dated: December 29, 2009.
J.G. Lantz,
Director of Commercial Regulations and Standards.
[FR Doc. 2010-106 Filed 1-7-10; 8:45 am]
BILLING CODE 9110-04-P


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