[Federal Register Volume 89, Number 73 (Monday, April 15, 2024)]
[Notices]
[Pages 26210-26211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07892]



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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2024-0101]


Parts and Accessories Necessary for Safe Operation; Application 
for an Exemption From K & L Trucking

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

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

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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) 
requests public comment on an exemption application to allow K & L 
Trucking (K & L) to transport metal coils using a single two-ply nylon-
Kevlar tie down strap to secure its metal coils for transport to a 
metal coil carrier affixed to the bed of its trucks/trailers as an 
alternative to the requirements in current regulations. K & L states 
that its method of securing steel coils is a safe alternative to the 
method required in the FMCSRs for the short distance that each load is 
transported. K & L believes the exemption would maintain a level of 
safety that is equivalent to, or greater than, the level of safety 
achieved without the exemption.

DATES: Comments must be received on or before May 15, 2024.

ADDRESSES: You may submit comments identified by docket number FMCSA-
2024-0101 using any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov/docket/FMCSA-2023-0201/document. Follow the online 
instructions for submitting comments.
     Mail: Dockets Operations, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Washington, DC 20590-0001.
     Hand Delivery or Courier: Dockets Operations, U.S. 
Department of Transportation, 1200 New Jersey Avenue SE, West Building, 
Ground Floor, Washington, DC 20590-0001, between 9 a.m. and 5 p.m. ET, 
Monday through Friday, except Federal holidays.
     Fax: (202) 493-2251.

FOR FURTHER INFORMATION CONTACT: Mr. David Sutula, Vehicle and Roadside 
Operations Division, Office of Carrier, Driver, and Vehicle Safety, 
FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001, (202) 366-
5541, [email protected]. If you have questions on viewing or submitting 
material to the docket, call Dockets Operations at (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

I. Public Participation and Request for Comments

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (Docket No. FMCSA-2024-0101), indicate the specific section of 
this document to which your comment applies, 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. 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 that FMCSA can contact you if it has questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov/docket/FMCSA-2024-0101/document, click on this notice, click 
``Comment,'' and type your comment into the text box on the following 
screen.
    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.
    FMCSA will consider all comments and material received during the 
comment period. Comments received after the comment closing date will 
be filed in the public docket and will be considered to the extent 
practicable.

B. Confidential Business Information (CBI)

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (5 U.S.C. 552), CBI is exempt from public disclosure. 
If your comments responsive to the notice contain commercial or 
financial information that is customarily treated as private, that you 
actually treat as private, and that is relevant or responsive to the 
notice, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission that 
constitutes CBI as ``PROPIN'' to indicate it contains proprietary 
information. FMCSA will treat such marked submissions as confidential 
under the Freedom of Information Act, and they will not be placed in 
the public docket of the notice. Submissions containing CBI should be 
sent to Brian Dahlin, Chief, Regulatory Evaluation Division, Office of 
Policy, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001 or 
via email at [email protected]. At this time, you need not send a 
duplicate hardcopy of your electronic CBI submissions to FMCSA 
headquarters. Any comments FMCSA receives not specifically designated 
as CBI will be placed in the public docket for this notice.

C. Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
preamble as being available in the docket, go to https://www.regulations.gov/docket/FMCSA-2024-0101/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 Docket 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.

D. Privacy

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the 
public to better inform its regulatory process. DOT posts these 
comments, including any personal information the commenter provides, to 
www.regulations.gov, as described in the system of records notice DOT/
ALL 14 (Federal Docket Management System (FDMS)), which can be reviewed 
under the ``Department Wide System of Records Notices'' at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices. The comments are posted without edit and are searchable by the 
name of the submitter.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant 
exemptions from the FMCSRs. FMCSA must publish a notice of each 
exemption request in the Federal Register (49 CFR 381.315(a)). The 
Agency must provide the public an opportunity to inspect the 
information relevant to the application, including the applicant's 
safety analysis. The Agency must provide an opportunity for public 
comment on the request.
    The Agency reviews safety analyses and public comments submitted 
and determines whether granting the exemption would likely maintain a 
level of safety equivalent to, or greater than, the level that would be 
achieved by the current regulation (Sec.  381.305(a)). The Agency must 
publish its decision in the

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Federal Register (Sec.  381.315(b)). If granted, the notice will 
identify the regulatory provision from which the applicant will be 
exempt, the effective period, and all terms and conditions of the 
exemption (Sec.  381.315(c)(1)). If the exemption is denied, the notice 
will explain the reason for the denial (Sec.  381.315(c)(2)). The 
exemption may be renewed (Sec.  381.300(b)).

III. K & L Trucking Application for Exemption

    On December 4, 2020, FMCSA granted a 5-year exemption from the coil 
securement rules in section 393.130(c) to allow K & L to use the 
alternative securement method described below to transport coils from 
North Star Blue Scope Steel to Fulton County Processing (85 FR 78406). 
K & L has now applied to expand the exemption to transportation to and 
from other points within a few miles of each other. The exemption would 
allow the use of a specialized metal coil carrier permanently attached 
to the flatbed trailer using sixteen \5/8\-inch Grade 8 bolts each 
rated to hold 27,611 pounds. The coil carrier serves to distribute the 
coil's weight while securing the coil and preventing rolling during 
transport. Rather than using the four chains required by section 
393.120(c) to prevent the coil from moving forwards or backwards, K & L 
uses a large single 2 ply synthetic strap with Kevlar protective 
coating rated with a working load limit of 44,800 pounds routed through 
the eye of the coil and securing each coil to the coil carrier. A copy 
of the application is included in the docket referenced at the 
beginning of this notice.
    The exemption would apply to all K & L employees driving commercial 
motor vehicles utilizing this specialized cargo securement technique 
transporting metal coils less than 4 miles to and from North Star Blue 
Scope Steel, LLC, located at 6767 Co. Rd. 9 (and its scales located at 
Co. Rd. 10), Delta, OH 43515; Fulton County Processing, located at 7800 
OH-109, Delta, OH 43515; Worthington Industries, located at 6303 Co. 
Rd. 10, Delta, OH 43515; Nova Tube and Steel located at 8641 Co. Rd. H, 
Delta, OH 43515; and BlueScope Recycling and Materials, located at 7300 
OH-109, Delta, OH 43515. K & L Trucking believes that its steel coil 
cargo securement system, as described, would maintain a level of safety 
that is equivalent to, or greater than, the level of safety achieved 
without the exemption.

IV. Request for Comments

    In accordance with 49 U.S.C. 31315(b)(6), FMCSA requests public 
comment from all interested persons on K & L's application for an 
exemption from 49 CFR 393.120(c). All comments received before the 
close of business on the comment closing date indicated at the 
beginning of this notice will be considered and will be available for 
examination in the docket at the location listed under the ADDRESSES 
section of this notice. Comments received after the comment closing 
date will be filed in the public docket and will be considered to the 
extent practicable. In addition to late comments, FMCSA will also 
continue to file, in the public docket, relevant information that 
becomes available after the comment closing date. Interested persons 
should continue to examine the public docket for new material.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2024-07892 Filed 4-12-24; 8:45 am]
BILLING CODE 4910-EX-P