[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


