Hours of Service of Drivers: McKee Foods Transportation, LLC, Application for Exemption, 84438-84439 [2024-24451]
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Federal Register / Vol. 89, No. 204 / Tuesday, October 22, 2024 / Notices
SUPPLEMENTARY INFORMATION:
I. Viewing Comments and Documents
To view any documents mentioned as
being available in the docket, go to
https://www.regulations.gov/docket/
FMCSA-2017-0319/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 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)(2) and 49 CFR
381.300(b) to renew an exemption from
the FMCSRs for subsequent periods of
up to 5 years if it finds that such
exemption would likely maintain a level
of safety that is equivalent to, or greater
than, the level that would be achieved
by the current regulation (49 CFR
381.305(a)).
III. Background
On June 18, 2024, FMCSA issued a
notice of provisional renewal of
exemption for AFTC for a period of 6
months.1 FMCSA requested comments
on the application for exemption from
AFTC on the use of alternative cargo
securement methods. The comment
period closed on July 18, 2024. The
Agency did not receive any comments
to the notice.
ddrumheller on DSK120RN23PROD with NOTICES1
IV. Exemption Decision
A. Grant of Exemption
As explained in the provisional
renewal of exemption notice, the
Agency believes that granting the
temporary exemption to allow
alternative methods for the securement
of agricultural commodities in wood
and plastic boxes and bins and large
fiberglass tubs, as well as hay, straw,
and cotton bales that are grouped
together into larger singular units, as
proposed by AFTC in its original
exemption application, will likely
provide a level of safety that is
equivalent to, or greater than, the level
of safety achieved without the
exemption. The Agency hereby grants
an exemption for a 5-year period,
beginning April 15, 2024, and ending
April 15, 2029, from 49 CFR 393.102,
1 89
FR 51586.
VerDate Sep<11>2014
17:10 Oct 21, 2024
Jkt 265001
393.106, 393.110, and 393.114, to allow
alternate methods for the securement of
(1) agricultural commodities transported
in wood and plastic boxes and bins and
large fiberglass tubs, and (2) hay, straw,
and cotton bales that are grouped
together into large singular units.
B. Applicability of Exemption
During the exemption period, motor
carriers operating commercial motor
vehicles (CMVs) may use certain
alternative methods for the securement
of agricultural commodities transported
in wood and plastic boxes and bins and
large fiberglass tubs, as well as hay,
straw, and cotton bales that are grouped
together into large singular units, as
proposed by AFTC in its original
exemption application.
C. Terms and Conditions
1. General:
Motor carriers and CMVs operating
under this exemption must comply with
all other applicable Federal Motor
Carrier Safety Regulations (FMCSRs) (49
CFR parts 350–399), unless specifically
exempted from a requirement.
2. Limitation of Exemption:
This exemption applies exclusively to
CMVs transporting agricultural
commodities in wood and plastic boxes
and bins and large fiberglass tubs, as
well as hay, straw, and cotton bales that
are grouped together into large singular
units.
3. Recurring Data Reporting
Requirements:
AFTC must provide recurring yearly
data submissions to include information
on crashes and incidents involving
CMVs transporting agricultural
commodities in wood and plastic boxes
and bins and large fiberglass tubs, as
well as hay, straw, and cotton bales that
are grouped together into large singular
units when operating under this
exemption. The first submission is due
5 months after the date of publication of
the provisional exemption renewal in
the Federal Register (published June 18,
2024), and subsequent submissions are
due every 12-months thereafter until the
exemption expires or is revoked. The
yearly data submissions must be sent
via email to FMCSA at MCPSD@dot.gov.
If AFTC lacks certain categories of
information, alternative information
may be discussed with FMCSA and
submitted if approved.
4. Data Reporting Requirements for
Crashes and Incidents:
At the end of each 12-month period,
AFTC must submit a report detailing
crash rates, vehicle miles traveled,
number and type of CMVs operating
under the exemption, and the date of
the crash or incident, time, location, and
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a brief description of the event. AFTC
must provide any available information
indicating malfunction of the alternative
cargo securement methods.
5. Meetings:
AFTC must meet with FMCSA upon
request to answer questions regarding
data and information provided under
the exemption.
D. 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.
E. Termination
FMCSA does not believe that motor
carriers, drivers, and CMVs covered by
the exemption will experience any
deterioration of safety below the level
that would be achieved without the
exemption. The exemption will be
rescinded if: (1) motor carriers, drivers,
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) and 31315(b).
Vincent G. White,
Deputy Administrator.
[FR Doc. 2024–24446 Filed 10–21–24; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2014–0071]
Hours of Service of Drivers: McKee
Foods Transportation, LLC,
Application for Exemption
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of application for
renewal of exemption; extension of
comment period.
AGENCY:
FMCSA reopens the comment
period for its July 10, 2024, notice
requesting public comment on an
application from McKee Foods
Transportation, LLC (MFT) for a
renewal of its exemption from the
hours-of-service regulation pertaining to
the use of a sleeper berth. FMCSA has
SUMMARY:
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Federal Register / Vol. 89, No. 204 / Tuesday, October 22, 2024 / Notices
added a supplemental document to the
docket titled ‘‘McKee Foods
Transportation Sleeper-Berth Exemption
Provisions Interpretation.’’ FMCSA
reopens the comment period to allow
the public an opportunity to review
MFT’s application for renewal of its
exemption along with the supplemental
document available for review in the
docket.
Comments must be received on
or before November 21, 2024.
DATES:
Ms.
Pearlie Robinson, FMCSA Driver and
Carrier Operations Division; Office of
Carrier, Driver and Vehicle Safety
Standards; FMCSA; 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001; (202) 366–4225; or
pearlie.robinson@dot.gov. If you have
questions on viewing or submitting
material to the docket, contact Docket
Services, telephone (202) 366–9826.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for
Comments
Instructions and additional
information concerning submitting
comments may be viewed under the
ADDRESSES heading and in section I of
the SUPPLEMENTARY INFORMATION
heading in the July 10, 2024, notice of
MFT’s exemption renewal application at
89 FR 56787–56788.
ddrumheller on DSK120RN23PROD with NOTICES1
II. Background
FMCSA published a notice of MFT’s
application to renew its exemption ‘‘for
the maximum available period’’ from
the sleeper berth requirements, which
previously were set forth in 49 CFR
395.1(g)(1)(ii)(A) and (B) on July 10,
2024, with a comment deadline of
August 9, 2024. That notice sought
public comment on the renewal
application but did not include the
supplemental document titled ‘‘McKee
Foods Transportation Sleeper-Berth
Exemption Provisions Interpretation’’ in
the docket. FMCSA believes that
potential commenters should have an
opportunity to review both documents.
Accordingly, FMCSA reopens the
comment period for all comments on
MFT’s application for renewal of its
exemption in light of the supplemental
document explaining the interpretation
of the exemption.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2024–24451 Filed 10–21–24; 8:45 am]
BILLING CODE 4910–EX–P
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17:10 Oct 21, 2024
Jkt 265001
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2018–0090]
Parts and Accessories Necessary for
Safe Operation; Exemption Renewal
for Automobile Carriers Conference
and Auto Haulers Association of
America
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of final disposition;
renewal of exemption.
AGENCY:
FMCSA announces its final
decision to renew an exemption
requested jointly by the Automobile
Carriers Conference (ACC) of the
American Trucking Associations and
the Auto Haulers Association of
America (AHAA) to relieve motor
carriers operating stinger-steered
automobile transporter equipment from
the requirement to place warning flags
on projecting loads of new and used
motor vehicles. The Federal Motor
Carrier Safety Regulations (FMCSRs)
require any commercial motor vehicle
(CMV) transporting a load which
extends more than 4 feet beyond the
rear of the vehicle be marked with a
single red or orange fluorescent warning
flag at the extreme rear if the projecting
load is 2 feet wide or less and two
warning flags if the projecting load is
wider than 2 feet. The exemption is
renewed for 5 years, unless revoked
earlier.
DATES: This renewed exemption is
effective August 9, 2024, through
February 15, 2029, unless revoked
earlier. Comments must be received on
or before November 21, 2024.
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; MCPSV@dot.gov. If you have
questions on viewing material in the
docket, call Dockets Operations at (202)
366–9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Public Participation
A. Viewing Comments and Documents
To view any documents mentioned as
being available in the docket, go to
https://www.regulations.gov/docket/
FMCSA-2018-0090/document and
choose the document to review. To view
comments, click this notice, then click
‘‘Browse Comments.’’ If you do not have
PO 00000
Frm 00112
Fmt 4703
Sfmt 4703
84439
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.
B. Privacy
In accordance with 49 U.S.C.
31315(b)(6), DOT solicits comments
from the public to better inform its
exemption 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 at
https://www.transportation.gov/
individuals/privacy/privacy-act-systemrecords-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)(2) and 49 CFR
381.300(b) to renew an exemption from
the FMCSRs for subsequent 5-year
periods if it finds that such exemption
would likely maintain a level of safety
that is equivalent to, or greater than, the
level that would be achieved by the
current regulation (49 CFR 381.305(a)).
ACC and AHAA have requested a 5-year
extension of the current exemption.
III. Background
Current Regulatory Requirements
FMCSA requires in § 393.87 any CMV
transporting a load which extends
beyond the sides by more than 4 inches,
or more than 4 feet beyond the rear, to
have the extremities of the load marked
with red or orange fluorescent warning
flags. Each warning flag must be at least
18 inches square. There must be a single
flag at the extreme rear if the projecting
load is 2 feet wide or less, and two
warning flags are required if the
projecting load is wider than 2 feet.1
The flags must be located to indicate the
maximum width of loads which extend
beyond the sides and/or rear of the
vehicle.
1 In their renewal request, the applicants
additionally asked for relief from 49 CFR 393.11,
which requires ‘‘lamps or reflective devices’’ to be
affixed to the rear of a load that extends more than
4 feet beyond a trailer. Because this is a new request
for exemption, FMCSA is not considering the
request with the renewal of the current exemption.
FMCSA will process that request separately.
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]]>Agencies
[Federal Register Volume 89, Number 204 (Tuesday, October 22, 2024)]
[Notices]
[Pages 84438-84439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24451]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2014-0071]
Hours of Service of Drivers: McKee Foods Transportation, LLC,
Application for Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of application for renewal of exemption; extension of
comment period.
-----------------------------------------------------------------------
SUMMARY: FMCSA reopens the comment period for its July 10, 2024, notice
requesting public comment on an application from McKee Foods
Transportation, LLC (MFT) for a renewal of its exemption from the
hours-of-service regulation pertaining to the use of a sleeper berth.
FMCSA has
[[Page 84439]]
added a supplemental document to the docket titled ``McKee Foods
Transportation Sleeper-Berth Exemption Provisions Interpretation.''
FMCSA reopens the comment period to allow the public an opportunity to
review MFT's application for renewal of its exemption along with the
supplemental document available for review in the docket.
DATES: Comments must be received on or before November 21, 2024.
FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; FMCSA; 1200 New Jersey Avenue SE, Washington, DC
20590-0001; (202) 366-4225; or [email protected]. If you have
questions on viewing or submitting material to the docket, contact
Docket Services, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for Comments
Instructions and additional information concerning submitting
comments may be viewed under the ADDRESSES heading and in section I of
the SUPPLEMENTARY INFORMATION heading in the July 10, 2024, notice of
MFT's exemption renewal application at 89 FR 56787-56788.
II. Background
FMCSA published a notice of MFT's application to renew its
exemption ``for the maximum available period'' from the sleeper berth
requirements, which previously were set forth in 49 CFR
395.1(g)(1)(ii)(A) and (B) on July 10, 2024, with a comment deadline of
August 9, 2024. That notice sought public comment on the renewal
application but did not include the supplemental document titled
``McKee Foods Transportation Sleeper-Berth Exemption Provisions
Interpretation'' in the docket. FMCSA believes that potential
commenters should have an opportunity to review both documents.
Accordingly, FMCSA reopens the comment period for all comments on MFT's
application for renewal of its exemption in light of the supplemental
document explaining the interpretation of the exemption.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2024-24451 Filed 10-21-24; 8:45 am]
BILLING CODE 4910-EX-P
