[Federal Register Volume 80, Number 107 (Thursday, June 4, 2015)]
[Notices]
[Pages 31956-31957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13655]


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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 49 CFR 393.120. 
The Agency has concluded that granting this exemption renewal will 
maintain a level of safety that is equivalent to, or greater than, the 
level of safety achieved without the exemption. However, the Agency 
requests comments on this issue, especially from anyone who believes 
this standard will not be maintained.

DATES:  This decision is effective June 4, 2015. Comments must be 
received on or before July 6, 2015.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) number FMCSA-2010-0177 by any of the following 
methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting 
comments.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, Room W12-140, 1200 New Jersey Avenue SE., Washington, 
DC 20590-0001.
     Hand Delivery: Ground Floor, Room W12-140, DOT Building, 
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m. 
e.t., Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and 
docket number for this notice. For detailed instructions on submitting 
comments and additional information on the exemption process, see the 
``Public Participation'' heading below. Note that all comments received 
will be posted without change to http://www.regulations.gov, including 
any personal information provided. Please see the ``Privacy Act'' 
heading for further information.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov or to Room W12-140, 
DOT Building, New Jersey Avenue SE., Washington, DC, between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. The Federal 
Docket Management System (FDMS) is available 24 hours each day, 365 
days each year. If you want acknowledgement that we received your 
comments, please include a self-addressed, stamped envelope or postcard 
or print the acknowledgement page that appears after submitting 
comments on-line.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking 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. Luke W. Loy, Vehicle and Roadside 
Operations Division, Office of Bus and Truck Standards and Operations, 
MC-PSV, (202) 366-0676, Federal Motor Carrier Safety Administration, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION: 

Background

    Under 49 U.S.C. 31136(e) and 31315(b)(1), FMCSA may renew an 
exemption from the Federal Motor Carrier Safety Regulations for a two-
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 two-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.

Basis for Renewing 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. On April 14, 2011, FMCSA published a notice of final 
disposition in the Federal Register granting the exemption (76 FR 
20867). On June 11, 2013, FMCSA published a notice of final disposition 
renewing this exemption until April 13, 2015 (78 FR 35087). The renewal 
outlined in this notice extends the exemption through April 13, 2017, 
and requests public comment.
    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,

[[Page 31957]]

has resulted in any degradation in safety. The Agency believes that 
extending the exemption for a period of two 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).
    The exemption is renewed subject to the following requirements, 
provided motor carriers using the exemption continue to meet the 
aggregate working load limits 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.
    The exemption will be valid for two 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 objectives 
of 49 U.S.C. 31136(e) and 31315.

Preemption

    During the period the exemption is in effect, no State shall 
enforce any law or regulation that conflicts with this exemption with 
respect to a person operating under the exemption.

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 original 
exemption, by July 6, 2015. The Agency will evaluate any adverse 
evidence submitted and, 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.

    Issued on: May 21, 2015.
 T.F. Scott Darling, III,
 Chief Counsel.
[FR Doc. 2015-13655 Filed 6-3-15; 8:45 am]
 BILLING CODE 4910-EX-P