Parts and Accessories Necessary for Safe Operation; Application for an Exemption From K & L Trucking, Inc., 78406-78407 [2020-26669]

Download as PDF 78406 Federal Register / Vol. 85, No. 234 / Friday, December 4, 2020 / Notices The applicable definition of CMV for section 14506 is in section 14504a(a)(1) (which incorporates the CMV definition in 49 U.S.C. 31101), and states that a CMV is a self-propelled or towed vehicle used on the highways in commerce principally to transport passengers or cargo, if the vehicle: (1) Has a gross vehicle weight rating or gross vehicle weight of at least 10,001 pounds, whichever is greater; (2) is designed to transport more than 10 passengers including the driver; or (3) is used in transporting material determined to be hazardous under 49 U.S.C. 5103 and in a quantity requiring placarding as provided in regulations prescribed under 49 U.S.C. 5103. There are two important aspects of this definition that are relevant to any determination under section 14506: (1) It applies to a CMV used ‘‘in commerce,’’ which means that it applies to vehicles operated either in intrastate or in interstate transportation; (2) the definition is slightly different from the definition of CMVs used to transport property subject to safety regulation under 49 U.S.C. 31131–51. See 49 U.S.C. 31132(1). Note also that provisions relating to CMVs used to transport passengers are not relevant to the preemption determination under consideration here, as the Illinois statutes and regulations in question apply only to vehicles transporting property (including hazardous materials). Section 14506 also includes several exceptions to its general prohibitions. A State may continue to require display of credentials that are required: (1) Under the International Registration Plan under 49 U.S.C. 31704; (2) under the International Fuel Tax Agreement under 49 U.S.C. 31705, or under an applicable State law if, on October 1, 2006, the State had a form of highway use taxation not subject to collection through the International Fuel Tax Agreement; (3) under a State law regarding motor vehicle license plates or other displays that the Secretary determines are appropriate; (4) in connection with Federal requirements for hazardous materials transportation under 49 U.S.C. 5103; or (5) in connection with the Federal vehicle inspection standards under 49 U.S.C. 31136. 49 U.S.C. 14506(b). Request for Comments FMCSA seeks comments in response to this petition. Comments are specifically requested on whether the registration and cab card requirements involved (625 ILCS 5/18c-4104(c), (f) and (g)) should be determined to be ‘‘appropriate’’ under the discretionary VerDate Sep<11>2014 18:18 Dec 03, 2020 Jkt 253001 authority in 49 U.S.C. 14506(b)(3) providing that a State may require display of credentials under a State law requiring motor vehicle license plates or other displays the Secretary deems appropriate. Commenters are also encouraged to submit information on the effects of the requirements on safety, operations, and the economics of motor carriers operating in the State of Illinois. FMCSA requests commenters to limit their submissions to these issues and to submit data supporting their positions. The Agency has placed the petition in the docket (No. FMCSA–2019–0165). James W. Deck, Deputy Administrator. [FR Doc. 2020–26668 Filed 12–3–20; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2020–0044] Parts and Accessories Necessary for Safe Operation; Application for an Exemption From K & L Trucking, Inc. Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition; grant of exemption. AGENCY: The Federal Motor Carrier Safety Administration (FMCSA) announces its decision to grant K & L Trucking, Inc.’s (K & L) application for a limited 5-year exemption to allow the company to secure large metal coils to its trailers using a cargo securement system that differs from that required by the Federal Motor Carrier Safety Regulations (FMCSRs). The Agency has determined that granting the exemption would likely achieve a level of safety equivalent to or greater than the level of safety provided by the regulation. DATES: This exemption is effective December 4, 2020 and expires on December 4, 2025. FOR FURTHER INFORMATION CONTACT: Mr. Luke Loy, Vehicle and Roadside Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC–PSV, (202) 366–0676, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590– 0001. Docket: For access to the docket to read background documents or comments submitted to notice requesting public comments on the exemption application, go to www.regulations.gov at any time or visit Dockets Operations, Room W12–140 on SUMMARY: PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 the ground level of the West Building, 1200 New Jersey Avenue SE, Washington, DC, 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 Docket Operations. The on-line Federal document management system is available 24 hours each day, 365 days each year. The docket number is listed at the beginning of this notice. SUPPLEMENTARY INFORMATION: Background FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant exemptions from certain parts of 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 any safety analyses that have been conducted. The Agency must also 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 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)) with the reasons for denying or granting the application and, if granted, the name of the person or class of persons receiving the exemption, and the regulatory provision from which the exemption is granted. The notice must also specify the effective period and explain the terms and conditions of the exemption. The exemption may be renewed (49 CFR 381.300(b)). K & L’s Application for Exemption K & L applied for an exemption from 49 CFR 393.120(c) to allow the carrier to secure large metal coils to its trailers using a cargo securement system that differs from that required by the FMCSRs. A copy of the application is included in the docket referenced at the beginning of this notice. K & L Trucking is a corporation located at 490 West Main Street, Delta, Ohio 43515. K & L’s business consists entirely of transporting metal coils from North Star Blue Scope Steel, LLC, located at 6767 County Road 9, Delta, Ohio 43515, to Fulton County Processing, located at 7800 Ohio-109, Delta, Ohio 43515. The two businesses are less than 2 miles apart, and K & L’s trucks never travel faster than 30 miles E:\FR\FM\04DEN1.SGM 04DEN1 Federal Register / Vol. 85, No. 234 / Friday, December 4, 2020 / Notices per hour on the road, as the drive is simply too short for the trucks to accelerate to a higher speed. Section 393.120(c) of the FMCSRs requires that metal coils that weigh more than 5,000 pounds (either individually or grouped together) and transported with eyes crosswise to be secured using (1) a means (e.g., timbers, chocks or wedges, a cradle, etc.) to prevent the coil from rolling and to support the coil off the deck, (2) at least one tiedown through its eye restricting against forward motion, and (3) at least one tiedown through its eye restricting against rearward motion. Attaching tiedowns diagonally through the eye of a coil to form an X-pattern when viewed from above the vehicle is prohibited. K & L seeks an exemption to use an alternative securement system consisting of a customized metal carrier affixed to the bed of its trailers and the use of a single large cargo securement strap. The coil carriers weigh 2,500 pounds each and are attached to the bed with sixteen 5⁄8 inch, Grade 8 bolts with a working load limit of 27,611 pounds each. In total, the carrier and bolts have a working load limit over 500,000 pounds. Rather than using four chains to prevent the coil from moving forward or backwards, K & L uses a large single, two-ply, nylon-Kevlar tiedown strap with a working load limit of 44,800 pounds through the eye of the coil and secures the coil to the metal carrier. K & L states that the alternative cargo securement system will not have an adverse impact on safety, and that adherence to the terms and conditions of the exemption would likely achieve a level of safety equivalent to or greater than the level of safety achieved without the exemption. Comments FMCSA published a notice of the application in the Federal Register on May 14, 2020 and asked for public comment (85 FR 29018). The Agency received one comment, from Mr. Bruce Grimm. Mr. Grimm stated that the proposed cargo securement technique proposed by K & L may be practical if the strength of the load securement is consistently monitored by the motor carrier, and stated that the heavy-duty load securement straps proposed to be used by K & L have been successfully used in other transportation cargo securement applications. Mr. Grimm wrote that these cargo securement straps are not immune to damage and may be subject to deterioration due to ultraviolet light. VerDate Sep<11>2014 18:18 Dec 03, 2020 Jkt 253001 FMCSA Decision The FMCSA has evaluated the K & L exemption application, and the comment received. The Agency believes that granting the temporary exemption to allow K & L Trucking to transport metal coils using an alternative securement system consisting of a customized metal carrier affixed to the bed of its trailers and the use of a single large cargo securement strap will likely provide a level of safety that is equivalent to, or greater than, the level of safety achieved without the exemption. FMCSA acknowledges the concerns of commenter Mr. Bruce Grimm that the synthetic cargo securement strap and metal coil carrier proposed to be used by K & L must be inspected frequently to identify any damage that might affect the working load limit of the metal coil carrier or the single large synthetic cargo strap. FMCSA believes that the current FMCSRs at section 393.104(b) which requires that ‘‘all tiedowns and cargo securement systems, parts and components used to secure cargo must be in proper working order when used to perform that function with no damaged or weakened components, such as, but not limited to, cracks or cuts that will adversely affect their performance for cargo securement purposes, including reducing the working load limit,’’ ensures that the carrier will be effective in monitoring the condition of the cargo securement system. FMCSA believes that the alternative cargo securement technique of metal coil carrier and the single large synthetic cargo strap is likely to provide a level of safety that is equivalent to, or greater than, the level of safety achieved without the exemption. Terms and Conditions for the Exemption The Agency hereby grants the exemption for a 5-year period, beginning December 4, 2020 and ending December 4, 2025. During the temporary exemption period, K & L will be allowed to use an alternative securement system consisting of a customized metal carrier affixed to the bed of its trailers and the use of a single large cargo securement strap. The coil carriers weigh 2,500 pounds each and are attached to the bed with sixteen 5⁄8 inch, Grade 8 bolts with a working load limit of 27,611 pounds each, and a large single, two-ply, nylonKevlar tiedown strap with a working load limit of 44,800 pounds through the eye of the coil to secures the coil to the metal carrier for the limited transport from North Star Blue Scope Steel, LLC, located at 6767 County Road 9, Delta, PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 78407 Ohio 43515, to Fulton County Processing, located at 7800 Ohio-109, Delta, Ohio 43515. The exemption will be valid for 5 years unless rescinded earlier by FMCSA. The exemption will be rescinded if: (1) K & L 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. 31136(e) and 31315(b). Interested parties possessing information that would demonstrate that the cargo securement system used by K & L to secure metal coils is not achieving the requisite statutory level of safety should immediately notify FMCSA. The Agency will evaluate any such information and, if safety is being compromised or if the continuation of the exemption is not consistent with 49 U.S.C. 31136(e) and 31315(b), will take immediate steps to revoke the exemption. Preemption In accordance with 49 U.S.C. 31313(d), as implemented by 49 CFR 381.600, during the period this exemption is in effect, no State shall enforce any law or regulation applicable to interstate commerce that conflicts with or is inconsistent with this exemption. States may, but are not required to, adopt the same exemption with respect to operations in intrastate commerce. James W. Deck, Deputy Administrator. [FR Doc. 2020–26669 Filed 12–3–20; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF THE TREASURY Internal Revenue Service Proposed Extension of Information Collection Request Submitted for Public Comment; Comment Request on Burden Related to Requirement To Use Taxpayer Identifying Numbers on Submissions Under the Section 897 and 1445 Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. AGENCY: The Internal Revenue Service, as part of its continuing effort to reduce paperwork and respondent burden, invites the public and other Federal agencies to take this opportunity to SUMMARY: E:\FR\FM\04DEN1.SGM 04DEN1

Agencies

[Federal Register Volume 85, Number 234 (Friday, December 4, 2020)]
[Notices]
[Pages 78406-78407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26669]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2020-0044]


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

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

ACTION: Notice of final disposition; grant of exemption.

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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) 
announces its decision to grant K & L Trucking, Inc.'s (K & L) 
application for a limited 5-year exemption to allow the company to 
secure large metal coils to its trailers using a cargo securement 
system that differs from that required by the Federal Motor Carrier 
Safety Regulations (FMCSRs). The Agency has determined that granting 
the exemption would likely achieve a level of safety equivalent to or 
greater than the level of safety provided by the regulation.

DATES: This exemption is effective December 4, 2020 and expires on 
December 4, 2025.

FOR FURTHER INFORMATION CONTACT: Mr. Luke Loy, Vehicle and Roadside 
Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC-
PSV, (202) 366-0676, Federal Motor Carrier Safety Administration, 1200 
New Jersey Avenue SE, Washington, DC 20590-0001.
    Docket: For access to the docket to read background documents or 
comments submitted to notice requesting public comments on the 
exemption application, go to www.regulations.gov at any time or visit 
Dockets Operations, Room W12-140 on the ground level of the West 
Building, 1200 New Jersey Avenue SE, Washington, DC, 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 Docket Operations. The on-line Federal document 
management system is available 24 hours each day, 365 days each year. 
The docket number is listed at the beginning of this notice.

SUPPLEMENTARY INFORMATION:

Background

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant 
exemptions from certain parts of 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 any 
safety analyses that have been conducted. The Agency must also 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 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)) with the reasons for denying or granting the application 
and, if granted, the name of the person or class of persons receiving 
the exemption, and the regulatory provision from which the exemption is 
granted. The notice must also specify the effective period and explain 
the terms and conditions of the exemption. The exemption may be renewed 
(49 CFR 381.300(b)).

K & L's Application for Exemption

    K & L applied for an exemption from 49 CFR 393.120(c) to allow the 
carrier to secure large metal coils to its trailers using a cargo 
securement system that differs from that required by the FMCSRs. A copy 
of the application is included in the docket referenced at the 
beginning of this notice.
    K & L Trucking is a corporation located at 490 West Main Street, 
Delta, Ohio 43515. K & L's business consists entirely of transporting 
metal coils from North Star Blue Scope Steel, LLC, located at 6767 
County Road 9, Delta, Ohio 43515, to Fulton County Processing, located 
at 7800 Ohio-109, Delta, Ohio 43515. The two businesses are less than 2 
miles apart, and K & L's trucks never travel faster than 30 miles

[[Page 78407]]

per hour on the road, as the drive is simply too short for the trucks 
to accelerate to a higher speed.
    Section 393.120(c) of the FMCSRs requires that metal coils that 
weigh more than 5,000 pounds (either individually or grouped together) 
and transported with eyes crosswise to be secured using (1) a means 
(e.g., timbers, chocks or wedges, a cradle, etc.) to prevent the coil 
from rolling and to support the coil off the deck, (2) at least one 
tiedown through its eye restricting against forward motion, and (3) at 
least one tiedown through its eye restricting against rearward motion. 
Attaching tiedowns diagonally through the eye of a coil to form an X-
pattern when viewed from above the vehicle is prohibited.
    K & L seeks an exemption to use an alternative securement system 
consisting of a customized metal carrier affixed to the bed of its 
trailers and the use of a single large cargo securement strap. The coil 
carriers weigh 2,500 pounds each and are attached to the bed with 
sixteen \5/8\ inch, Grade 8 bolts with a working load limit of 27,611 
pounds each. In total, the carrier and bolts have a working load limit 
over 500,000 pounds. Rather than using four chains to prevent the coil 
from moving forward or backwards, K & L uses a large single, two-ply, 
nylon-Kevlar tiedown strap with a working load limit of 44,800 pounds 
through the eye of the coil and secures the coil to the metal carrier.
    K & L states that the alternative cargo securement system will not 
have an adverse impact on safety, and that adherence to the terms and 
conditions of the exemption would likely achieve a level of safety 
equivalent to or greater than the level of safety achieved without the 
exemption.

Comments

    FMCSA published a notice of the application in the Federal Register 
on May 14, 2020 and asked for public comment (85 FR 29018). The Agency 
received one comment, from Mr. Bruce Grimm. Mr. Grimm stated that the 
proposed cargo securement technique proposed by K & L may be practical 
if the strength of the load securement is consistently monitored by the 
motor carrier, and stated that the heavy-duty load securement straps 
proposed to be used by K & L have been successfully used in other 
transportation cargo securement applications. Mr. Grimm wrote that 
these cargo securement straps are not immune to damage and may be 
subject to deterioration due to ultraviolet light.

FMCSA Decision

    The FMCSA has evaluated the K & L exemption application, and the 
comment received. The Agency believes that granting the temporary 
exemption to allow K & L Trucking to transport metal coils using an 
alternative securement system consisting of a customized metal carrier 
affixed to the bed of its trailers and the use of a single large cargo 
securement strap will likely provide a level of safety that is 
equivalent to, or greater than, the level of safety achieved without 
the exemption.
    FMCSA acknowledges the concerns of commenter Mr. Bruce Grimm that 
the synthetic cargo securement strap and metal coil carrier proposed to 
be used by K & L must be inspected frequently to identify any damage 
that might affect the working load limit of the metal coil carrier or 
the single large synthetic cargo strap. FMCSA believes that the current 
FMCSRs at section 393.104(b) which requires that ``all tiedowns and 
cargo securement systems, parts and components used to secure cargo 
must be in proper working order when used to perform that function with 
no damaged or weakened components, such as, but not limited to, cracks 
or cuts that will adversely affect their performance for cargo 
securement purposes, including reducing the working load limit,'' 
ensures that the carrier will be effective in monitoring the condition 
of the cargo securement system. FMCSA believes that the alternative 
cargo securement technique of metal coil carrier and the single large 
synthetic cargo strap is likely to provide a level of safety that is 
equivalent to, or greater than, the level of safety achieved without 
the exemption.

Terms and Conditions for the Exemption

    The Agency hereby grants the exemption for a 5-year period, 
beginning December 4, 2020 and ending December 4, 2025. During the 
temporary exemption period, K & L will be allowed to use an alternative 
securement system consisting of a customized metal carrier affixed to 
the bed of its trailers and the use of a single large cargo securement 
strap. The coil carriers weigh 2,500 pounds each and are attached to 
the bed with sixteen \5/8\ inch, Grade 8 bolts with a working load 
limit of 27,611 pounds each, and a large single, two-ply, nylon-Kevlar 
tiedown strap with a working load limit of 44,800 pounds through the 
eye of the coil to secures the coil to the metal carrier for the 
limited transport from North Star Blue Scope Steel, LLC, located at 
6767 County Road 9, Delta, Ohio 43515, to Fulton County Processing, 
located at 7800 Ohio-109, Delta, Ohio 43515.
    The exemption will be valid for 5 years unless rescinded earlier by 
FMCSA. The exemption will be rescinded if: (1) K & L 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. 31136(e) and 31315(b).
    Interested parties possessing information that would demonstrate 
that the cargo securement system used by K & L to secure metal coils is 
not achieving the requisite statutory level of safety should 
immediately notify FMCSA. The Agency will evaluate any such information 
and, if safety is being compromised or if the continuation of the 
exemption is not consistent with 49 U.S.C. 31136(e) and 31315(b), will 
take immediate steps to revoke the exemption.

Preemption

    In accordance with 49 U.S.C. 31313(d), as implemented by 49 CFR 
381.600, during the period this exemption is in effect, no State shall 
enforce any law or regulation applicable to interstate commerce that 
conflicts with or is inconsistent with this exemption. States may, but 
are not required to, adopt the same exemption with respect to 
operations in intrastate commerce.

James W. Deck,
Deputy Administrator.
[FR Doc. 2020-26669 Filed 12-3-20; 8:45 am]
BILLING CODE 4910-EX-P