[Federal Register: October 17, 1996 (Volume 61, Number 202)]
[Proposed Rules]
[Page 54142-54144]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17oc96-27]

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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

49 CFR Part 393

[FHWA Docket No. MC-96-41]
RIN 2125-AE05


Parts and Accessories Necessary for Safe Operation; Development
of a North American Standard for Protection Against Shifting or Falling
Cargo

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Advance notice of proposed rulemaking; request for comments.

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SUMMARY: The FHWA is considering proposing amendments to its
regulations concerning cargo securement requirements for commercial
motor vehicles engaged in interstate commerce. The FHWA intends to
consider adopting new cargo securement guidelines that will be based
upon the results of a multi-year comprehensive research program to
evaluate current regulations and industry practices. The FHWA is also
requesting comments on the process to be used in developing these
preliminary cargo securement guidelines. The FHWA is currently working
on this research program with the Canadian Council of Motor Transport
Administrators (CCMTA), State and Provincial agencies responsible for
motor carrier safety activities, the Commercial Vehicle Safety Alliance
(CVSA), and U.S. and Canadian industry groups. This research program is
scheduled for completion by the end of 1996 with the final report to be
published shortly thereafter.

DATES: Comments must be received on or before December 16, 1996.

ADDRESSES: Submit written, signed comments to FHWA Docket No. MC- 96-
41, Room 4232, HCC-10, Office of the Chief Counsel, Federal Highway
Administration, 400 Seventh Street, SW., Washington, D.C. 20590. All
comments received will be available for examination at the above
address from 8:30 a.m. to 3:30 p.m., e.t., Monday through Friday,
except Federal holidays. Those desiring notification of receipt of

[[Page 54143]]

comments must include a self-addressed, stamped postcard.

FOR FURTHER INFORMATION CONTACT: Mr. Larry W. Minor, Office of Motor
Carrier Research and Standards, HCS-10, (202) 366-4009; or Mr. Charles
E. Medalen, Office of the Chief Counsel, HCC-20, (202) 366-1354,
Federal Highway Administration, 400 Seventh Street, SW., Washington,
D.C. 20590. Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday
through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    On July 27, 1993, the House of Representatives held a hearing
concerning the adequacy of Federal regulations on cargo securement as
well as the enforcement of those regulations (Truck Cargo Securement
Regulations and Enforcement, 1993: Hearing Before the Subcommittee on
Investigations and Oversight of the House of Representatives' Committee
on Public Works and Transportation, 103rd Cong., 1st Sess. 32 (1993)).
A copy of the July 1993 proceeding is included in the docket file. The
hearing was prompted by several cargo securement accidents that
occurred in New York between 1990 and 1993. During the hearing, the
Federal Highway Administrator (the Administrator) indicated that the
Ontario Ministry of Transportation had requested that the FHWA review a
proposal prepared on behalf of the CCMTA--a non-profit association of
senior officials from Federal, Provincial, and Territorial departments
and agencies responsible for the administration, regulation and control
of motor vehicle transportation and highway safety--for a research
program to evaluate cargo securement regulations and industry
practices. The Administrator informed the subcommittee that the FHWA
would participate in the research effort and consider incorporating the
results of the research into the Federal Motor Carrier Safety
Regulations (FMCSRs).
    A cargo securement research working group was organized by the
CCMTA and the Ontario Ministry of Transportation to discuss the
research methodology with industry groups and Federal, State, and
Provincial governments in the United States and Canada. The working
group, which included representatives from the FHWA, Transport Canada
(the Federal department responsible for developing and enforcing the
regulatory aspects of motor vehicle and motor carrier safety), the
CCMTA, the CVSA, several States and Provinces, and U.S. and Canadian
industry, held its first meeting August 16-17, 1993, at the Downsview,
Ontario offices of the Ontario Ministry of Transportation. A copy of
the minutes from the meeting, including a list of attendees, is in the
docket file. A report identifying the cargo securement issues to be
examined through the research program and describing the research
methodology to be used was published by the Ontario Ministry of
Transportation in November of 1993. A copy of the report entitled ``A
Proposal for Research to Provide a Technical Basis for a Revised
National Standard on Load Security for Heavy Trucks'' is included in
the docket file.

Research Reports

    The research program involves the testing of trailer anchor points
(i.e., stake pockets, D-rings, tensioning ratchets, etc.), the effect
of binder type, chain size, and chain length on the tension of the
tiedown assembly, equalization of tension in the spans of chain and
webbing tiedowns, lateral and longitudinal movement of the cargo on
tiedown tension, and blocking and bracing, friction between the load
and the vehicle, or between individual articles being transported
(e.g., concrete pipe, lumber products, etc.). The research program is
also examining securement practices for transporting steel coils and
intermodal cargo containers.
    With the exception of the testing of the securement systems for
steel coils, all of the laboratory work is scheduled for completion by
September 1996. The tests involving steel coils are scheduled for
completion by the end of 1996. Individual research reports will be
issued covering each of the testing modules. The FHWA will publish
notices in the Federal Register to announce the availability of the
research reports. A comprehensive report covering each of the testing
modules, and presenting conclusions and recommendations on cargo
securement practices is expected to be published in June of 1997.

Standard Development Process

    The preliminary efforts at developing the North American Cargo
Securement Standard are currently being managed by a drafting group.
The drafting group is developing the outline for the guidelines with
most of the detailed performance criteria to be added as the research
reports are completed. Membership in the drafting group includes
representatives from the FHWA, Transport Canada, CCMTA, the Ontario
Ministry of Transportation, Quebec Ministry of Transportation--Ontario
and Quebec are conducting most of the research--and the CVSA. The CVSA
is included in the drafting group because it is an organization of
Federal, State, and Provincial government agencies and representatives
from private industry in the United States, Canada, and Mexico
dedicated to improvement of commercial vehicle safety. The membership
of the drafting group is limited because it is impractical to draft a
technical document with a larger number of participants.
    As envisioned thus far, the process to be used for further
developing this outline for the guidelines would involve a
harmonization group which would review major portions of this outline
as it is completed by the drafting group. Membership in the
harmonization group would be open to all interested parties in the
U.S., Canada, and Mexico. This process would be intended to ensure that
all interested parties had an opportunity to participate in the
development of the guidelines, and to identify and consider the
concerns of the Federal, State, and Provincial governments, carriers,
shippers, industry groups, and associations as well as safety advocacy
groups and the general public. The harmonization group would hold
public meetings at locations in the United States and Canada, during
which drafts of the North American Cargo Securement Standard would be
presented for review and comment. Representatives of the CCMTA and the
CVSA would serve as co-chairpersons for the harmonization group and
would organize the public meetings. The FHWA would announce the dates
of these meetings in the Federal Register and maintain copies of the
proceedings in this docket file. For individuals and groups unable to
attend the meetings, the FHWA would, to the extent practicable, publish
each version of the draft standard in the Federal Register. Further,
the FHWA and/or CCMTA would post information on the INTERNET.
Individuals and organizations with INTERNET electronic mail addresses
would also be provided with the opportunity to have their names added
to an electronic mailing list to receive information on the development
of the standard.
    After all interested parties had had the opportunity to comment,
and their concerns had been considered, the final version of the North
American Cargo Securement Standard would be published, and Federal,
State, and Provincial governments throughout North America would be
encouraged to adopt it. The FHWA intends, at that point, to propose in
an NPRM that the existing cargo securement regulations

[[Page 54144]]

found at 49 CFR 393.100 through 393.106 be amended to adopt the
standard.

Request for Comments

    The FHWA is not offering for comment at this time any proposed
language for the North American Cargo Securement Standard or amendments
to the FMCSRs. The Agency is, however, soliciting comments on its
decision to consider a rulemaking to overhaul its cargo securement
regulations based upon the research program described and other
published cargo-securement related research, such as Southern Illinois
University's March 1995 report entitled ``Analysis of Rules and
Regulations for Steel Coil Truck Transport.'' (A copy of this report is
included in the docket file.) The FHWA anticipates that a notice of
proposed rulemaking will be issued by the end of 1997 and, depending on
the comments received, a final rule issued in 1998. The FHWA is also
requesting comments on the process that would be used to develop the
North American Cargo Securement Standard. Following a review of the
docket comments sent in response to this notice, the FHWA will publish
a notice that summarizes the comments and identifies any issues that
warrant reconsideration of the standard development process.

Rulemaking Analyses and Notices

    All comments received before the close of business on the comment
closing date indicated above will be considered and will be available
for examination in the docket room at the above address. Comments
received after the comment closing date will be filed in the docket and
will be considered to the extent practicable. In addition to late
comments, the FHWA will also continue to file in the docket relevant
information that becomes available after the comment closing date, and
interested persons should continue to examine the docket for new
material.

Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures

    The FHWA has determined that this action is not a significant
regulatory action within the meaning of Executive Order 12866. The FHWA
has preliminarily determined that this rulemaking is a significant
rulemaking action under the Department of Transportation's regulatory
policies and procedures. The regulatory action being considered is not
expected to have an annual effect on the economy of $100 million or
more nor is it likely to adversely affect the economy in a material
way. Due to the preliminary nature of this document and a lack of
necessary information on costs, however, the FHWA is unable to evaluate
fully the economic impact of the potential regulatory changes being
considered in this rulemaking. Based upon the information received in
response to this advance notice of proposed rulemaking, the FHWA
intends to carefully consider the potential costs and benefits
associated with establishing new cargo securement requirements.
Comments, information, and data are solicited on the economic impact of
establishing new requirements.

Regulatory Flexibility Act

    Due to the preliminary nature of this document and lack of
necessary information on costs, the FHWA is unable to evaluate fully
the effects of the potential regulatory changes on small entities.
Based upon the information received in response to this advance notice
of proposed rulemaking, the FHWA intends, in compliance with the
Regulatory Flexibility Act (5 U.S.C. 601-612), to carefully consider
the economic impacts of these potential changes on small entities. The
FHWA solicits comments, information, and data on these impacts.

Executive Order 12612 (Federalism Assessment)

    This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that this rulemaking does not have sufficient Federalism implications
to warrant the preparation of a Federalism assessment. This document
merely solicits comments on the FHWA's consideration of proposing to
replace the existing cargo securement regulations with the North
American Standard currently under development. No additional costs or
burdens will be imposed on the States as a result of this notice and
the States' ability to discharge traditional State government functions
will not be affected.

Executive Order 12372 (Intergovernmental Review)

    Catalog of Federal Domestic Assistance Program Number 20.217, Motor
Carrier Safety. The regulations implementing Executive Order 12372
regarding intergovernmental consultation on Federal programs and
activities do not apply to this program.

Paperwork Reduction Act

    This action does not contain a collection of information
requirement for the purposes of the Paperwork Reduction Act of 1995, 44
U.S.C. 3501-3520.

National Environmental Policy Act

    The agency has analyzed this rulemaking for the purpose of the
National Environmental Policy Act of 1969 (42 U.S.C. 4321-4347) and has
determined that publication of this notice will not result in any
effect on the quality of the environment.

Regulation Identification Number

    A regulation identification number (RIN) is assigned to each
regulatory action listed in the Unified Agenda of Federal Regulations.
The Regulatory Information Service Center publishes the Unified Agenda
in April and October of each year. The RIN contained in the heading of
this document can be used to cross reference this action with the
Unified Agenda.

List of Subjects in 49 CFR Part 393

Highway safety, Motor carriers, Motor vehicle safety.

    Authority: 49 U.S.C. 31136, 31502; 49 CFR 1.48.

    Issued on: October 8, 1996.
Rodney E. Slater,
Federal Highway Administrator.
[FR Doc. 96-26670 Filed 10-16-96; 8:45 am]
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