[Federal Register Volume 89, Number 175 (Tuesday, September 10, 2024)]
[Notices]
[Pages 73492-73494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20377]



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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2023-0113]


Parts and Accessories Necessary for Safe Operation; Exemption for 
Great Lakes Timber Professionals Association

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

ACTION: Notice of final disposition; grant of application for 
exemption.

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SUMMARY: FMCSA announces its decision to grant a limited 5-year 
exemption to the Great Lakes Timber Professionals Association (GLTPA) 
on behalf of motor carriers in Wisconsin to use cargo securement 
methods that do not comply with the Federal Motor Carrier Safety 
Regulations (FMCSRs) for securing shortwood logs transported lengthwise 
in crib-type vehicles that have been modified or manufactured without 
front structures, rear structures, or which have a center-mounted crane 
for loading and unloading. The Agency has determined that the use of 
the alternate cargo securement method will likely achieve a level of 
safety that is equivalent to, or greater than the level of safety 
achieved by the current regulation.

DATES: This exemption is effective September 10, 2024 through September 
10, 2029, unless revoked earlier.

FOR FURTHER INFORMATION CONTACT: 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-
9209; [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; Viewing Comments and Documents

    To view comments, go to www.regulations.gov, insert the docket 
number ``FMCSA-2023-0113'' in the keyword box, and click ``Search.'' 
Next, sort the results by ``Posted (Newer-Older),'' choose the first 
notice listed, and click ``Browse Comments.''
    To view documents mentioned in this notice as being available in 
the docket, go to www.regulations.gov, insert the docket number 
``FMCSA-2023-0113'' in the box, click ``Search,'' and choose the 
document to review.
    If you do not have access to the internet, you may view the docket 
online by visiting Dockets 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.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant 
exemptions from Federal Motor Carrier Safety Regulations (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 with 
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 the safety analyses and the 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 (49 CFR 381.305(a)). The 
Agency must publish its decision in the Federal Register (49 CFR 
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 (49 CFR 
381.315(c)(1)). If the exemption is denied, the notice will explain the 
reason for the denial (49 CFR 381.315(c)(2)). The exemption may be 
renewed (49 CFR 381.300(b)).

III. Background

A. Current Regulatory Requirements

    Section 393.116 of the FMCSRs, ``What are the rules for securing 
logs?,'' provides commodity specific cargo securement requirements for 
the transportation of logs on trucks and trailers and are in addition 
to the general cargo securement requirements specified in Sec. Sec.  
393.100-393.114 of the FMCSRs. Sections 393.116(b), ``Components of a 
securement system,'' and 393.116(c), ``Use of securement system,'' 
provide general requirements for the securement of logs.
    Specifically with respect to the securement of shortwood logs 
loaded lengthwise on flatbed and frame vehicles, Sec.  393.116(e) of 
the FMCSRs requires--in addition to meeting the requirements of Sec.  
393.116(b) and (c)--each stack to be cradled in a bunk unit or 
contained by stakes, and (1) secured to the vehicle by at least two 
tiedowns, or (2) if all the logs in any stack are blocked in the front 
by a front-end structure strong enough to restrain the load, or by 
another stack of logs, and blocked in the rear by another stack of logs 
or vehicle end structure, the stack may be secured with one tiedown. If 
one tiedown is used, it must be positioned about midway between the 
stakes, or (3) be bound by at least two tiedown-type devices such as 
wire rope, used as wrappers that encircle the entire load at locations 
along the load that provide effective securement. If wrappers are being 
used to bundle the logs together, the wrappers are not required to be 
attached to the vehicle.
    However, 49 CFR 393.116(b)(3)(i) notes that tiedowns are not 
required for logs transported in crib-type trailers, as defined in 49 
CFR 393.5, provided that the logs are loaded in compliance with 
Sec. Sec.  393.116(b)(2) and 393.116(c) of the FMCSRs.

B. Original Exemption

    GLTPA seeks an exemption from 49 CFR 393.116(b)(3) and 393.116(e) 
to allow motor carriers in Wisconsin to use cargo securement methods 
that do not comply with the FMCSRs for securing shortwood logs 
transported lengthwise in crib-type vehicles that have been modified or 
manufactured without front structures, rear structures, or which have a 
center-mounted crane for loading and unloading.
    In its exemption application, GLTPA states that questions have 
arisen between industry and enforcement regarding the proper securement 
of logs in crib-type trailers when modifications to those trailers have 
been made--including the lack of a front or rear structure (either 
because the vehicle was manufactured without front or rear structures, 
or because motor carriers have removed them) and the addition of a 
center-mounted crane for loading and unloading the logs. GLTPA states 
that ``In these cases because the specific definition of a crib-type 
vehicle has not been met, enforcement has reverted to 49 CFR 
393.116(e), which addresses logs loaded lengthwise on flatbed and frame 
vehicles. Here, logs that are contained by structures or another stack 
of logs require one tie down. Stacks that do not have this containment 
such as end stacks without front/rear structures or those adjacent to a 
center-mounted crane would require two tiedowns.''
    In its exemption application, GLTPA references a ``Cargo Securement 
Enforcement Policy'' memorandum, dated December 31, 2003, from the 
FMCSA Assistant Administrator to its Field Administrators and Division 
Administrators.

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    Specifically, as it relates to the subject exemption application, 
the December 2003 memorandum stated ``Also, industry has requested the 
section 393.116 be amended to allow one tiedown per bunk, spaced 
equally between the standards, when transporting short length logs 
loaded lengthwise between the first two standards and between the last 
two standards. They believe the current wording requiring the use of 
two tiedowns is unnecessary given the bunks and standards . . . With 
regard to allowing the use of one tiedown per bunk for shortwood logs 
loaded lengthwise between the first two standards and between the last 
two standards, FMCSA believes one tiedown is sufficient given the 
standards used to protect against lateral movement.''
    The GLTPA states ``This language suggests that end stacks not 
protected by front and rear structures, but contained by stakes, bunks, 
or standards, would require one tiedown. By extension, this would also 
suggest that a crib-type trailer without front and rear structures 
would require one tiedown on each of the end stacks. It is GLTPA's 
position that the interior stacks, which are protected by adjacent 
stacks of logs, should not be required to have tiedowns, provided they 
are loaded in accordance with 49 CFR 393.116(b)(3). With the front and 
rear stacks secured, the configuration is essentially now acting as a 
crib-type vehicle.''
    To ensure that this interpretation would not reduce safety, GLTPA 
and the Wisconsin State Patrol Motor Carrier Enforcement Section 
partnered to conduct cargo securement testing on stacks of shortwood 
logs in a crib-type vehicle using different tiedown configurations.
    In considering the December 2003 FMCSA Cargo Securement Enforcement 
Policy memorandum, the cargo securement requirements for crib-type 
vehicles in the FMCSRs, and the testing described above, GLTPA 
requested an exemption from Sec.  393.116 for the securement of 
shortwood loaded lengthwise.
    In its request, GLTPA proposes specific tiedown requirements based 
on the structural configuration of the crib-type trailer. In instances 
where a crib-type trailer lacks a front structure, at least two 
tiedowns are required on the foremost stack, while other stacks are 
exempt if loaded in accordance with 49 CFR 393.116(b)(2) and 49 CFR 
393.116(c). Similarly, if a crib-type trailer lacks a rear structure, a 
minimum of one tiedown is required on the rearmost stack, with the same 
exception for other stacks meeting FMCSR requirements. For vehicles 
with an internal gap between stacks, potentially allowing logs to move 
without continual contact with stakes, bunks, bolsters, or standards, 
at least one tiedown is necessary on the respective stack. In cases 
where a single tiedown is used, proper positioning is emphasized--
either midway between stakes or diagonally from front to rear, crossing 
over the stack at its midpoint.
    GLTPA states that the alternative cargo securement methods for 
securing shortwood logs loaded lengthwise proposed in its application 
will maintain a level of safety that is equivalent to, or greater than, 
the level of safety achieved without the exemption.

IV. Public Comments

    FMCSA published a notice of the application in the Federal Register 
on May 11, 2023, and asked for public comment (88 FR 30382). The Agency 
received a total of ten comments (www.regulations.gov; docket ID: 
FMCSA-2023-0113), all in support of the exemption. The common comment 
across all submissions was the established safety and efficiency of 
using crib-type trailers for transporting wood products. They emphasize 
the positive safety record, incident-free history, and the benefits of 
the crib-type trailer configuration for wood log securement.

V. Equivalent Level of Safety Analysis

    GLTPA and the Wisconsin State Patrol Motor Carrier Enforcement 
Section tested the effectiveness of a single tiedown on a stack of logs 
contained in a crib-type configuration. GLTPA states that specifically, 
the load was subjected to various simulated longitudinal g forces. 
Although not directly applicable to the cargo-specific requirements for 
logs, the tiedown performance criteria outlined in 49 CFR 393.102 was 
used as guidance.
    GLTPA states that the testing showed that a single tiedown, on 
average, was able to maintain a stack of low-friction logs under winter 
conditions to approximately 0.5 g. This average was increased to 0.63 g 
for high-friction hardwood logs. It is noted that 0.8 g was obtained 
through the use of two tiedowns. The results demonstrated that a single 
tiedown, on average, effectively secured a stack of shortwood loaded 
lengthwise in accordance with 49 CFR 393.102. Copies of the testing 
performed by GLTPA and the Wisconsin State Patrol Motor Carrier 
Enforcement Section are contained in the docket.
    Although the GLTPA test and the 2003 Enforcement Policy recommend a 
single tiedown on the foremost stack, feedback from GLTPA member 
carriers, following a review of GLTPA's proposal and test results, has 
supported the use of two tiedowns for enhanced driver safety. According 
to the GLTPA members, two tiedowns provides 0.8g which exceeds heavy 
vehicle braking ability, and therefore provides an added element of 
safety in the event of a crash.
    In evaluating the safety impact of the exemption request, FMCSA 
considered factors such as the type of bunk compared to a crib-type 
trailer, log size, log direction, surface condition of the logs (low 
and high friction logs), quantity and position of tiedowns, and the g-
forces exerted on the tiedowns.

VI. FMCSA Decision

    FMCSA appreciates the comments that the use of crib-type trailers 
for transporting wood products is the safest way to secure the load due 
to their safety record on the highways. Further, FMCSA believes that a 
vehicle manufactured as a crib-type log trailer as defined in Sec.  
393.5 will provide restraint of the shortwood logs in the lateral and 
longitudinal directions, even when the rear- or front-end structure are 
replaced with one or two tie downs, respectively.
    Crib-type trailers use stakes, bunks, a front-end structure, and a 
rear structure to restrain logs on trailers. The stakes prevent 
movement of logs from side to side on the vehicle while the front-end 
and rear structures prevent movement of the logs from front to back on 
the vehicle. The intent of such systems is to enable motor carriers to 
transport logs without the use of wrapper chains or straps to secure 
the load, thereby expediting the loading and unloading process. The 
Agency believes that a single tiedown is adequate to secure stacks of 
shortwood logs in the longitudinal direction if the gates are removed, 
or when positioned immediately adjacent to a space between stacks such 
that a log could theoretically move in the forward or rearward 
direction and not be continually in contact with at least two stakes, 
such as that created by a center-mounted crane for loading and 
unloading logs.
    The cargo securement test conducted by GLTPA in collaboration with 
the Wisconsin State Patrol Motor Carrier Enforcement Section 
demonstrated that the one-tiedown securement method meets the specified 
requirements in 49 CFR 393.102. This collaborative effort further 
strengthens the evidence supporting the effectiveness of using one 
tiedown for transporting shortwood logs loaded lengthwise in a crib-
type

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vehicles that have been manufactured or modified and no longer meet the 
crib-type trailer definition in Sec.  393.5.
    Accordingly, FMCSA concludes that the alternative cargo securement 
techniques proposed in GLTPA's application are likely to achieve a 
level of safety that is equivalent to, or greater than, the level of 
safety achieved without the exemption.

VII. Terms and Conditions for the Exemption

    1. This exemption is limited to motor carriers within the state of 
Wisconsin engaged exclusively in the transportation of shortwood logs 
loaded lengthwise using crib-type vehicles that have been modified or 
manufactured without front structures, rear structures, or which have 
an internal gap such as that created by a center-mounted crane for 
loading and unloading. However, it does not apply to any other cargo 
type or other trailer configuration.
    2. Logs transported in a crib or bunk type vehicle without a front 
structure will require at least two tiedowns on the foremost stack. All 
other stacks will not require tiedowns provided they are loaded in 
accordance with 49 CFR 393.116(b)(2) and 49 CFR 393.116(c).
    3. Logs transported in a crib or bunk vehicle without a rear 
structure will require at least one tie down on the rearmost stack. All 
other stacks will not require tiedowns provided they are loaded in 
accordance with 49 CFR 393.116(b)(2) and 49 CFR 393.116(c).
    4. Logs transported in a crib or bunk type vehicle having an 
internal gap between stacks such that a log could theoretically move in 
the forward or rearward direction and not be continually in contact 
with at least two stakes, bunks, bolsters or standards will require at 
least one tiedown on that stack.
    5. When one tiedown is used, it must be positioned about midway 
between the stakes or cross diagonally from the front to the rear 
crossing midway over the stack.
    6. Motor carriers and CMVs operating under this exemption must 
comply with all other applicable FMCSRs (49 CFR parts 350-399), unless 
specifically exempted from a requirement.
    7. Motor carriers operating under this exemption involved in any 
crash during the transportation of shortwood logs must notify FMCSA 
within 7 business days of the crash by email at [email protected], even if 
such crash is not a recordable crash as defined in Sec.  390.5T.

A. Preemption

    In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR 
381.600, during the period this exemption is in effect, no State shall 
enforce any law or regulation that conflicts with or is inconsistent 
with this exemption with respect to a person operating under the 
exemption. States may, but are not required to, adopt the same 
exemption with respect to operations in intrastate commerce.

B. Termination

    The exemption will be valid for 5 years, unless revoked earlier by 
FMCSA. FMCSA does not believe that motor carriers and CMVs covered by 
the exemption will experience any deterioration of their safety record. 
However, should this occur, FMCSA will take all steps necessary to 
protect the public interest, including revocation of the exemption 
without prior notice. The exemption may be immediately rescinded if: 
(1) motor carriers and/or CMVs 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) or 31315(b).
    Interested parties possessing information that would demonstrate 
that this exemption or motor carriers operating under this exemption in 
the state of Wisconsin are not achieving the requisite statutory level 
of safety should immediately notify FMCSA by email at [email protected]. 
The Agency will evaluate any such information and, if safety is being 
compromised or if the continuation of the exemption is not consistent 
with the goals and objectives of 49 U.S.C. 31136(e) or 31315(b), will 
take immediate steps to revoke the exemption or impose additional 
requirements as part of the exemption.

Vincent G. White,
Acting Administrator.
[FR Doc. 2024-20377 Filed 9-9-24; 8:45 am]
BILLING CODE 4910-EX-P