Parts and Accessories Necessary for Safe Operation; Application for an Exemption From PINOVA, 52467-52469 [05-17508]
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Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
Medicine (ACOEM) states that (1) the
medical documentation of each
applicant should be reviewed by a
physician who understands the safety
risks inherent in commercial operations
or the criteria for the evaluation should
be included in the summary of each
driver’s qualifications published in the
Federal Register and (2) additional
medical testing and evaluation is
merited (e.g., exercise stress test, cardiac
and renal function assessment).
In response to ACOEM’s first
comment, the notice of final disposition
published on September 3, 2003 (68 FR
52441), requires each applicant to be
examined by an endocrinologist who
performs a complete medical
examination, including a
comprehensive evaluation of the
applicant’s medical history and current
status, and evaluation by an
ophthalmologist or optometrist. As
indicated previously, all applicant
health data were not published in
accordance with HIPPA. Close
monitoring of these drivers with ITDM
by an endocrinologist and other medical
specialists, as well as physical
qualification by a medical examiner, are
required.
Americans With Disabilities Act
The American Diabetes Association
expressed concerns about the
application process for the exemption
program. The American Diabetes
Association also alleged discrimination
against drivers with ITDM.
FMCSA has developed a plan and
initiated numerous improvements in the
application process for exemption
program applicants, including the
initiation of work on web-based
solutions to streamline the application
process and work on re-evaluating the
eligibility and monitoring criteria.
FMCSA notes that the Safe,
Accountable, Flexible, and Efficient
Transportation Equity Act of 2005: A
Legacy for Users (SAFETEA–LU)
provides specific changes to the driving
requirement for interstate operators with
ITDM. These changes eliminate the
three-year CMV driving requirement
and significantly reduce the required
time for management of the diabetic
condition with insulin treatment.
FMCSA’s exemption process supports
drivers with ITDM who seek to operate
in interstate commerce. In addition, the
FMCSRs are not contrary to the
Americans with Disabilities Act (ADA)
of 1990. The mandates of the ADA do
not require that FMCSA alter the driver
qualification requirements contained in
49 CFR Part 391. The Senate report on
the ADA, submitted by its Committee on
VerDate Aug<18>2005
18:00 Sep 01, 2005
Jkt 205001
Labor and Human Resources, included
the following explanation:
With respect to covered entities subject to
rules promulgated by the Department of
Transportation regarding physical
qualifications for drivers of certain
classifications of motor vehicles, it is the
Committee’s intent that a person with a
disability applying for or currently holding a
job subject to these standards must be able
to satisfy these physical qualification
standards in order to be considered a
qualified individual with a disability under
Title I of this legislation. S. Rep. 101–116, at
27 (1989).
Ability To Predict Safety Outcomes
The Advocates for Highway and Auto
Safety (Advocates) oppose granting
exemptions to drivers with ITDM. Major
areas of concern include: (1) Past
driving history is not a predictor for
future safe driving capability, (2)
reliance upon previous three-year
driving record is an inaccurate
screening criterion, and (3) concern is
significant about individual driver
ability to monitor individual blood
sugar while operating commercial
(particularly long-haul) vehicles.
In response to the first two comments,
the agency considers previous driving
experience to be an appropriate means
for predicting future performance, and
monitors the driving record through the
Commercial Driver’s License
Information System (CDLIS). CDLIS is a
computer system linked to individual
databases maintained by the 51
jurisdictions in the United States. In
response to the third comment, the
agency relies on the expert medical
opinion of the endocrinologist and the
medical examiner, who are required to
analyze individual ability to control and
manage the diabetic condition,
including the individual ability and
willingness of the driver to monitor
blood glucose level on an ongoing basis.
Advocates also referred to comments
filed with docket no. FMCSA–2001–
9800–121 regarding the establishment of
the Federal diabetes exemption
program. The agency responded to these
comments in its September 3, 2003,
notice of final determination
announcing the establishment of the
Federal diabetes exemption program.
Conclusion
After considering the comments to the
docket and based upon its evaluation of
the four exemption applications, the
FMCSA exempts Gerald E. Huelle, Lee
R. Kumm, Mitchell L. Pullen, and
Steven R. Zoller from the diabetes
requirement in 49 CFR 391.41(b)(3),
subject to the conditions listed under
‘‘Conditions and Requirements’’ above.
PO 00000
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Fmt 4703
Sfmt 4703
52467
In accordance with 49 U.S.C. 31315
and 31136(e), each exemption will be
valid for two years unless revoked
earlier by the FMCSA. The exemption
will be revoked if: (1) The person fails
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.
31315 and 31136. If the exemption is
still effective at the end of the 2-year
period, the person may apply to the
FMCSA for a renewal under procedures
in effect at that time.
FMCSA notes that Section 4129 of
SAFETEA–LU requires the agency to
initiate a rulemaking within 90 days of
enactment to amend the Federal
physical qualifications rules for truck
and bus drivers to allow individuals
who use insulin to treat their diabetes
to operate CMVs in interstate commerce.
Therefore, FMCSA will initiate a
rulemaking to revise its safety
regulations to allow certain insulintreated diabetic drivers to operate CMVs
in interstate commerce.
The new rule would allow health care
professionals to make individual
determinations about insulin-treated
diabetics’ ability to safely operate a
CMV in interstate commerce, based on
guidelines established by the agency,
through a public notice-and-comment
rulemaking process. Upon completion
of the rulemaking required by section
4129, diabetic drivers would no longer
be required to apply for, or renew
exemptions to operate CMVs in
interstate commerce. Until the agency
issues a Final Rule, however, insulintreated diabetic drivers must continue to
apply for exemptions from FMCSA, and
request renewals of such exemptions in
a timely manner.
Issued on: August 29, 2005.
Warren E. Hoemann,
Deputy Administrator.
[FR Doc. 05–17466 Filed 9–1–05; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2005–21685]
Parts and Accessories Necessary for
Safe Operation; Application for an
Exemption From PINOVA
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
AGENCY:
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02SEN1
52468
Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
Notice of application for
exemption; request for comments.
ACTION:
SUMMARY: The Federal Motor Carrier
Safety Administration (FMCSA)
requests public comment on an
application for an exemption received
from PINOVA on behalf of 29 motor
carriers that transport short lightered
wood logs and stumps from various
points in North Carolina, South
Carolina, Georgia, Florida, Mississippi,
and Alabama to PINOVA’s plant in
Brunswick, Georgia. PINOVA seeks the
exemption because it believes
compliance with the commodityspecific rule for securing logs and
stumps prevents the company from
using more efficient and effective cargo
securement methods. PINOVA believes
the alternative cargo securement method
used by its motor carriers 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 October 3, 2005.
ADDRESSES: You may submit comments
identified by DOT DMS Docket Number
FMCSA–2005–21685 by any of the
following methods:
• Web site: https://dms.dot.gov.
Follow the instructions for submitting
comments on the DOT electronic docket
site.
• Fax: 1–202–493–2251.
• Mail: Docket Management Facility,
U.S. Department of Transportation, 400
Seventh Street, SW., Nassif Building,
Room PL–401, Washington, DC 20590–
0001.
• Hand Delivery: Room PL–401 on
the plaza level of the Nassif Building,
400 Seventh Street, SW., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
Instructions: All submissions must
include the agency name and docket
number for this notice. Note that all
comments received will be posted
without change to https://dms.dot.gov
including any personal information
provided. Please see the Privacy Act
heading for further information.
Docket: For access to the docket and
to read background documents or
comments received, go to https://
dms.dot.gov and/or Room PL–401 on
the plaza level of the Nassif Building,
400 Seventh Street, SW., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
Privacy Act: Anyone may search the
electronic form of all comments
VerDate Aug<18>2005
18:00 Sep 01, 2005
Jkt 205001
received into any of DOT’s dockets by
the name of the individual submitting
the comment (or of the person signing
the comment, if submitted on behalf of
an association, business, labor union, or
other entity). You may review DOT’s
complete Privacy Act Statement in the
Federal Register (65 FR 19477, Apr. 11,
2000). This statement is also available at
https://dms.dot.gov.
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, 400
Seventh Street, SW., Washington, DC
20590–0001.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Background
Section 4007 of the Transportation
Equity Act for the 21st Century (Pub. L.
105–178, 112 Stat. 107, June 9, 1998)
amended 49 U.S.C. 31315 and 31136(e)
to provide authority to grant exemptions
from motor carrier safety regulations.
On December 8, 1998, the Federal
Highway Administration’s Office of
Motor Carriers, the predecessor to
FMCSA, published an interim final rule
implementing section 4007 (63 FR
67600). On August 20, 2004, FMCSA
published a final rule (69 FR 51589) on
this subject. Under this rule, FMCSA
must publish a notice of each exemption
request in the Federal Register (49 CFR
315(a)). The agency must provide the
public with an opportunity to inspect
the information relevant to the
application, including any safety
analyses that have been conducted. The
agency must also provide an
opportunity for public comment on the
request.
The agency reviews the safety
analyses and the public comments, and
determines whether granting the
exemption would likely achieve a level
of safety equivalent to, or greater than,
the level that would be achieved by the
current regulation (49 CFR 381.305).
The decision of the agency must be
published in the Federal Register (49
CFR 381.315(b)). If the agency denies
the request, it must state the reason for
doing so. If the decision is to grant the
exemption, the notice must specify the
person or class of persons receiving the
exemption, and the regulatory provision
or provisions from which an exemption
is granted. The notice must also specify
the effective period of the exemption
(up to two years), and explain the terms
and conditions of the exemption. The
exemption may be renewed (49 CFR
381.300(b)).
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Frm 00108
Fmt 4703
Sfmt 4703
The Application for Exemption
PINOVA is the world’s only producer
of refined pale wood rosin, vinsol
resin, and natural wood turpentine from
long leaf yellow pine and slash pine
lightered wood/fat wood (lightered
wood). According to PINOVA’s petition,
‘‘[l]ightered wood material is formed
when resin collects over a period of 50
years or more in the trunk and root
system of mature long leaf yellow pine
and slash pine trees after the trees have
died or been cut.’’ Refined pale wood
rosin and Vinsol resin are made from
the resin found in the trunk and root
system of the long leaf yellow pine and
the slash pine, which are only found
along the southeast coastal plain of the
United States. PINOVA contracts with
motor carriers to transport lightered
wood material from various points in
the southeast coastal plain to its
Brunswick, Georgia, plant.
PINOVA applied for an exemption on
behalf of the motor carriers that
transport lightered wood because 49
CFR 393.116(a)(3) requires that
firewood, stumps, log debris and other
such short logs be transported in a
vehicle or container enclosed on all four
sides. However, lightered wood logs and
other lightered wood material, including
short logs and stumps less than 4 feet in
length, are typically transported on
flatbed logging or stake trucks. This
means the typical method of securement
(i.e. flatbed logging or stake truck) used
by PINOVA’s contract carriers is now
prohibited by § 393.116(a)(3).
PINOVA requested a class exemption
from 49 CFR 303.226(a)(3) for current
and future commercial motor vehicle
owners and drivers who transport
lightered wood/fat wood material from
points in North Carolina, South
Carolina, Georgia, Florida, Mississippi,
and Alabama to its plant in Brunswick,
Georgia. PINOVA requested that these
vehicles be allowed to transport short
lightered wood logs on a flatbed logging
or stake truck, provided the material is
securely embedded in longer lightered
wood logs which are secured according
to FMCSA’s rules for securing longwood
and shortwood logs.
PINOVA believes that granting the
exemption would not adversely affect
safety. The company argues that the
carriers have safely transported
lightered wood logs and related
material, including short logs less than
4 feet in length, on flatbed logging and
stake trucks for more than 50 years. The
company believes the track record
demonstrates that shorter material may
be safely transported on vehicles
without walls on all four sides provided
the wood is securely embedded inside
E:\FR\FM\02SEN1.SGM
02SEN1
Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Notices
longer material that is properly secured
with tie downs, as required by FMCSA’s
cargo securement regulations. A copy of
the PINOVA application is in the docket
referenced at the beginning of this
notice.
Request for Comments
In accordance with 49 U.S.C. 31315
and 31136(e), FMCSA requests public
comment from all interested persons on
PINOVA’s application for an exemption
from 49 CFR 393.116(a)(3). The agency
will consider all comments received
before the close of business on the
comment closing date indicated at the
beginning of this notice. Comments will
be available for examination in the
docket at the location listed under the
address section of this notice. The
agency will file comments received after
the comment closing date in the public
docket, and will consider them to the
extent practicable. In addition to late
comments, the FMCSA will also
continue to file, in the public docket,
relevant information that becomes
available after the comment closing
date. Interested persons should monitor
the public docket for new material.
Issued on: August 29, 2005.
Warren E. Hoemann,
Deputy Administrator.
[FR Doc. 05–17508 Filed 9–1–05; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2005–20858; Notice 3]
DOT Chemical, Notice of Appeal of
Denial of Petition for Decision of
Inconsequential Noncompliance
DOT Chemical has appealed a
decision by the National Highway
Traffic Safety Administration that
denied its petition for a determination
that its noncompliance with Federal
Motor Vehicle Safety Standard (FMVSS)
No. 116, ‘‘Motor vehicle brake fluids,’’
is inconsequential to motor vehicle
safety.
Notice of receipt of the petition was
published on April 14, 2005, in the
Federal Register (70 FR 19837). On July
18, 2005, NHTSA published a notice in
the Federal Register denying DOT
Chemical’s petition (70 FR 41254),
stating that the petitioner had not met
its burden of persuasion that the
noncompliance is inconsequential to
motor vehicle safety.
This notice of receipt of DOT
Chemical’s appeal is published in
VerDate Aug<18>2005
18:00 Sep 01, 2005
Jkt 205001
accordance with NHTSA’s regulations
(49 CFR 556.7 and 556.8) and does not
represent any agency decision or other
exercise of judgment concerning the
merits of the appeal.
Affected are a total of approximately
50,000 containers of DOT 4 brake fluid,
lot numbers KMF02 and KMF03,
manufactured in June 2004. FMVSS No.
116 requires that, when tested as
referenced in S5.1.7 ‘‘Fluidity and
appearance at low temperature,’’ S5.1.9
‘‘Water tolerance,’’ and S5.1.10
‘‘Compatibility,’’ the brake fluid shall
show no crystallization or
sedimentation. The subject brake fluid
shows crystallization and sedimentation
when tested as referenced in S5.1.7 at
–40 °F and –58 °F, sedimentation when
tested as referenced in S5.1.9 at –40 °F,
and crystallization when tested as
referenced in S5.1.10 at –40 °F.
DOT Chemical asserted that the
noncompliance is inconsequential to
motor vehicle safety and that no
corrective action is warranted. DOT
Chemical stated that there are fiber-like
crystals in the fluid, which are borate
salts, and
are a natural part (no contamination) of DOT
4 brake fluid production (just fallen out of
solution in some packaged goods) and have
not demonstrated any flow restrictions even
at extended periods of low temperatures at
minus 40 °F. Furthermore, when the fluid is
subjected to temperatures in a normal
braking system, the crystals go back into
solution in some cases not to reappear at all
at ambient temperatures.
NHTSA reviewed the petition and
determined that the noncompliance is
not inconsequential to motor vehicle
safety. In its denial, NHTSA noted that
it granted petitions for determinations of
inconsequential noncompliance of
FMVSS No. 116 to Dow Corning
Corporation (59 FR 52582, October 18,
1994) and to First Brands Corporation
(59 FR 62776, December 6, 1994). In the
case of Dow, the FMVSS No. 116
noncompliance arose from a ‘‘slush-like
crystallization’’ that dispersed ‘‘under
slight agitation or warming.’’ NHTSA
accepted Dow’s argument that its ‘slushlike crystallization’’ does not consist of
‘crystals that are either water-based ice,
abrasive, or have the potential to clog
brake system components.’’ NHTSA
concurred with Dow’s conclusion that
‘‘the crystallization that occurred ought
not to have an adverse effect upon
braking.’’ In the case of First Brands, the
FMVSS No. 116 noncompliance arose
from a ‘‘soft non-abrasive gel’’ that also
dispersed under slight agitation or
warming.
NHTSA determined that facts leading
to the grants of the inconsequential
noncompliance petitions of Dow and
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Frm 00109
Fmt 4703
Sfmt 4703
52469
First Brands are not analogous to the
facts in DOT Chemical’s situation. In
contrast, DOT Chemical’s
noncompliance results from ‘‘fiber-like
crystals’’ made of borate salts. These
borate salt crystals did not disperse
under slight agitation or warming, but
had to be physically removed by
filtration. DOT Chemical asserted that
‘‘[f]iltration, using Whatman #40 filter
paper (25–30 micron particle size)
removed all crystals. The crystals are
approximately 30–50 microns in width
and 3–5 mm in length.’’ DOT Chemical
did not explain how it can assure that
crystals smaller than 25 microns in
width did not remain in the brake fluid.
In its denial of DOT Chemical’s
petition, NHTSA stated that—even
assuming that all larger-sized crystals
were removed from the fluid—the
agency is concerned that crystals that
are of a size smaller than 25 microns by
3–5 mm would remain in the brake
fluid. The thread-like nature of this type
of crystallization has the potential to
clog brake system components,
particularly in severe cold operation
conditions. Impurities such as these in
the brake system may cause the system
to fail, i.e., to lose the ability to stop the
vehicle over time due to the
accumulation of compressible material
in the brake lines. These impurities may
also result in the failure of individual
brake system components due to the
corrosive nature of the contaminants
themselves.
In consideration of the foregoing,
NHTSA decided that the petitioner did
not meet its burden of persuasion that
the noncompliance it described is
inconsequential to motor vehicle safety.
Accordingly, its petition was denied.
In its appeal from NHTSA’s denial,
DOT Chemical states that ‘‘[t]he words
and phrases used in the [original]
petition were not identical to the
descriptions in the previous cases. DOT
Chemical wishes to clear up any
misunderstandings from the original
petition and reword to match the
precedent cases.’’
DOT Chemical provides the following
statements in its appeal:
—Our choice of the word ‘‘crystals’’ can also
be described as ‘‘slush-like crystallization’’
(as in the granted petition in 1994) or a
‘‘soft non-abrasive gel,’’ a look at the
sample is worth a thousand words or even
rubbing the material between the fingers.
—Our ‘‘crystals’’ dispersed and/or went
completely into solution ‘‘under slight
agitation or warming’’ (as in the granted
petition in 1994).
—Slight Agitation: In DOT Chemical’s
petition the phrase ‘‘DOT Chemical tested
the fluid, agitated the material before
testing to insure that the crystals were part
of each test’’ we believe implied that the
E:\FR\FM\02SEN1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 170 (Friday, September 2, 2005)]
[Notices]
[Pages 52467-52469]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-17508]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2005-21685]
Parts and Accessories Necessary for Safe Operation; Application
for an Exemption From PINOVA
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
[[Page 52468]]
ACTION: Notice of application for exemption; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
requests public comment on an application for an exemption received
from PINOVA on behalf of 29 motor carriers that transport short
lightered wood logs and stumps from various points in North Carolina,
South Carolina, Georgia, Florida, Mississippi, and Alabama to PINOVA's
plant in Brunswick, Georgia. PINOVA seeks the exemption because it
believes compliance with the commodity-specific rule for securing logs
and stumps prevents the company from using more efficient and effective
cargo securement methods. PINOVA believes the alternative cargo
securement method used by its motor carriers 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 October 3, 2005.
ADDRESSES: You may submit comments identified by DOT DMS Docket Number
FMCSA-2005-21685 by any of the following methods:
Web site: https://dms.dot.gov. Follow the instructions for
submitting comments on the DOT electronic docket site.
Fax: 1-202-493-2251.
Mail: Docket Management Facility, U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590-0001.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
Federal eRulemaking Portal: Go to https://
www.regulations.gov. Follow the online instructions for submitting
comments.
Instructions: All submissions must include the agency name and
docket number for this notice. Note that all comments received will be
posted without change to https://dms.dot.gov including any personal
information provided. Please see the Privacy Act heading for further
information.
Docket: For access to the docket and to read background documents
or comments received, go to https://dms.dot.gov and/or Room PL-401 on
the plaza level of the Nassif Building, 400 Seventh Street, SW.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
Privacy Act: Anyone may search the electronic form of all comments
received into any of DOT's dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, or other
entity). You may review DOT's complete Privacy Act Statement in the
Federal Register (65 FR 19477, Apr. 11, 2000). This statement is also
available at https://dms.dot.gov.
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,
400 Seventh Street, SW., Washington, DC 20590-0001.
SUPPLEMENTARY INFORMATION:
Background
Section 4007 of the Transportation Equity Act for the 21st Century
(Pub. L. 105-178, 112 Stat. 107, June 9, 1998) amended 49 U.S.C. 31315
and 31136(e) to provide authority to grant exemptions from motor
carrier safety regulations. On December 8, 1998, the Federal Highway
Administration's Office of Motor Carriers, the predecessor to FMCSA,
published an interim final rule implementing section 4007 (63 FR
67600). On August 20, 2004, FMCSA published a final rule (69 FR 51589)
on this subject. Under this rule, FMCSA must publish a notice of each
exemption request in the Federal Register (49 CFR 315(a)). The agency
must provide the public with an opportunity to inspect the information
relevant to the application, including any safety analyses that have
been conducted. The agency must also provide an opportunity for public
comment on the request.
The agency reviews the safety analyses and the public comments, and
determines whether granting the exemption would likely achieve a level
of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305). The decision of
the agency must be published in the Federal Register (49 CFR
381.315(b)). If the agency denies the request, it must state the reason
for doing so. If the decision is to grant the exemption, the notice
must specify the person or class of persons receiving the exemption,
and the regulatory provision or provisions from which an exemption is
granted. The notice must also specify the effective period of the
exemption (up to two years), and explain the terms and conditions of
the exemption. The exemption may be renewed (49 CFR 381.300(b)).
The Application for Exemption
PINOVA is the world's only producer of refined pale wood rosin,
vinsol[supreg] resin, and natural wood turpentine from long leaf yellow
pine and slash pine lightered wood/fat wood (lightered wood). According
to PINOVA's petition, ``[l]ightered wood material is formed when resin
collects over a period of 50 years or more in the trunk and root system
of mature long leaf yellow pine and slash pine trees after the trees
have died or been cut.'' Refined pale wood rosin and Vinsol[supreg]
resin are made from the resin found in the trunk and root system of the
long leaf yellow pine and the slash pine, which are only found along
the southeast coastal plain of the United States. PINOVA contracts with
motor carriers to transport lightered wood material from various points
in the southeast coastal plain to its Brunswick, Georgia, plant.
PINOVA applied for an exemption on behalf of the motor carriers
that transport lightered wood because 49 CFR 393.116(a)(3) requires
that firewood, stumps, log debris and other such short logs be
transported in a vehicle or container enclosed on all four sides.
However, lightered wood logs and other lightered wood material,
including short logs and stumps less than 4 feet in length, are
typically transported on flatbed logging or stake trucks. This means
the typical method of securement (i.e. flatbed logging or stake truck)
used by PINOVA's contract carriers is now prohibited by Sec.
393.116(a)(3).
PINOVA requested a class exemption from 49 CFR 303.226(a)(3) for
current and future commercial motor vehicle owners and drivers who
transport lightered wood/fat wood material from points in North
Carolina, South Carolina, Georgia, Florida, Mississippi, and Alabama to
its plant in Brunswick, Georgia. PINOVA requested that these vehicles
be allowed to transport short lightered wood logs on a flatbed logging
or stake truck, provided the material is securely embedded in longer
lightered wood logs which are secured according to FMCSA's rules for
securing longwood and shortwood logs.
PINOVA believes that granting the exemption would not adversely
affect safety. The company argues that the carriers have safely
transported lightered wood logs and related material, including short
logs less than 4 feet in length, on flatbed logging and stake trucks
for more than 50 years. The company believes the track record
demonstrates that shorter material may be safely transported on
vehicles without walls on all four sides provided the wood is securely
embedded inside
[[Page 52469]]
longer material that is properly secured with tie downs, as required by
FMCSA's cargo securement regulations. A copy of the PINOVA application
is in the docket referenced at the beginning of this notice.
Request for Comments
In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests
public comment from all interested persons on PINOVA's application for
an exemption from 49 CFR 393.116(a)(3). The agency will consider all
comments received before the close of business on the comment closing
date indicated at the beginning of this notice. Comments will be
available for examination in the docket at the location listed under
the address section of this notice. The agency will file comments
received after the comment closing date in the public docket, and will
consider them to the extent practicable. In addition to late comments,
the FMCSA will also continue to file, in the public docket, relevant
information that becomes available after the comment closing date.
Interested persons should monitor the public docket for new material.
Issued on: August 29, 2005.
Warren E. Hoemann,
Deputy Administrator.
[FR Doc. 05-17508 Filed 9-1-05; 8:45 am]
BILLING CODE 4910-EX-P
