49 CFR Parts 392 and 393

Friday,
September 27, 2002
Part II
Department of
Transportation
Federal Motor Carrier Safety
Administration
49 CFR Parts 392 and 393

Development of a North American
Standard for Protection Against Shifting
and Falling Cargo; Final Rule
VerDate Sep<04>2002 20:59 Sep 26, 2002 Jkt 197001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\27SER2.SGM 27SER2
61212 Federal Register / Vol. 67, No. 188 / Friday, September 27, 2002 / Rules and Regulations
DEPARTMENT OF TRANSPORTATION (202) 3661790; or Mr. Charles E. methodology are described in a report
Medalen, Office of the Chief Counsel, published by the Ontario Ministry of
Federal Motor Carrier Safety MCCC, (202) 3661354, Federal Motor Transportation in November of 1993. A
Administration Carrier Safety Administration, 400 copy of the minutes of the first meeting
Seventh Street, SW., Washington, DC and a copy of the report entitled A
49 CFR Parts 392 and 393 205900001. Office hours are from 7:45 Proposal for Research to Provide a
[FMCSA Docket No. FMCSA972289] a.m. to 4:15 p.m., e.t., Monday through Technical Basis for a Revised National
Friday, except Federal holidays. Standard on Load Security for Heavy
RIN 2126AA27 Trucks are included in the public
SUPPLEMENTARY INFORMATION:
docket.
Development of a North American Background The North American Load Security
Standard for Protection Against Research Project was initiated to
Shifting and Falling Cargo On July 27, 1993, the House of
Representatives held a hearing develop an understanding of the
AGENCY: Federal Motor Carrier Safety concerning the adequacy of Federal mechanics of cargo securement on
Administration (FMCSA), DOT. regulations on cargo securement, as well heavy trucks. The research was
ACTION: Final rule. as the enforcement of those regulations intended to provide a sound technical
(Truck Cargo Securement Regulations basis for development of the North
SUMMARY: The FMCSA revises its American Cargo Securement Standard
and Enforcement, 1993: Hearing Before
regulations concerning protection the Subcommittee on Investigations and Model Regulations. Tests were
against shifting and falling cargo for Oversight of the House of conducted to examine the fundamental
commercial motor vehicles (CMVs) Representatives Committee on Public issues of anchor points, tiedowns,
engaged in interstate commerce. The blocking and friction, and issues related
Works and Transportation, 103rd
new cargo securement standards are to securement of dressed lumber
Cong., 1st Sess. 32 (1993)). The report of
based on the North American Cargo (representative of cargoes that are
the July 1993 hearing is included in the
Securement Standard Model loaded lengthwise on a vehicle and
public docket. The hearing was
Regulations, reflecting the results of a secured with transverse tiedowns), large
prompted by several cargo securement
multi-year comprehensive research metal coils, concrete pipe, intermodal
accidents that occurred in New York
program to evaluate current U.S. and containers, and other commodities. A
between 1990 and 1993. During the
Canadian cargo securement regulations; copy of the research reports is in the
hearing, the Federal Highway
the motor carrier industrys best public docket. Copies of these reports
Administrator stated that the Ontario
practices; and recommendations may be purchased from the CCMTA,
Ministry of Transportation had 2323 St. Laurent Boulevard, Ottawa,
presented during a series of public requested that the FHWA review a
meetings involving U.S. and Canadian Ontario K1G 4J8. The telephone number
proposal prepared on behalf of the for the CCMTA is 6137361003; the
industry experts, Federal, State and Canadian Council of Motor Transport
Provincial enforcement officials, and Web site address is http://www.ab.org/
Administrators (CCMTA)a non-profit ccmta/ccmta.html.
other interested parties. The new rules association of senior officials from
require motor carriers to change the way As various portions of the research
Federal, Provincial, and Territorial were completed, the results were
they use cargo securement devices to departments and agencies responsible
prevent articles from shifting on or provided to the Standard Drafting Group
for the administration, regulation, and which was responsible for leading the
within, or falling from, CMVs. In some control of motor vehicle transportation
instances, the changes may require effort at drafting the North American
and highway safetyfor a research Model Regulations. Almost all of the
motor carriers to increase the number of program to evaluate cargo securement
tiedowns used to secure certain types of research was completed by late 1997,
regulations and industry practices. The with a few remaining items completed
cargoes. However, the rule generally Administrator informed the
does not prohibit the use of tiedowns or in 1998. The drafting group was
subcommittee that the FHWA would responsible for reviewing the draft
cargo securement devices currently in participate in the research effort and
use. Therefore, motor carriers are not research reports to determine how the
consider incorporating the results of the information could best be used to
required to purchase new cargo research into the FMCSRs.
securement equipment to comply with improve specific cargo securement
A cargo securement research working requirements in the U.S., Canada, and
the rule. The intent of this rulemaking group was organized by the CCMTA and
is to reduce the number of accidents Mexico.
the Ontario Ministry of Transportation
caused by cargo shifting on or within, or to discuss the research methodology Process for Development of the North
falling from, CMVs operating in with industry groups and Federal, State, American Model Regulations
interstate commerce, and to harmonize and Provincial governments from the The Standard Drafting Group
to the greatest extent practicable U.S., United States and Canada. The working developed the outline for the model
Canadian, and Mexican cargo group, which included representatives regulations with most of the detailed
securement regulations. from the FHWA, Transport Canada (the performance criteria added as the
DATES: The rule is effective December Federal department responsible for research reports were completed.
26, 2002. Motor carriers must ensure developing and enforcing the regulatory Membership in the drafting group
compliance with the final rule by aspects of motor vehicle and motor included representatives from the
January 1, 2004. The publications carrier safety in Canada), the CCMTA, FHWA, Transport Canada, CCMTA, the
incorporated by reference in this final the Commercial Vehicle Safety Alliance Ontario Ministry of Transportation,
rule are approved by the Director of the (CVSA), several States and Provinces, Quebec Ministry of Transportation
Federal Register as of December 26, and U.S. and Canadian industry, held Ontario and Quebec conducted most of
2002. its first meeting August 1617, 1993. the researchand the CVSA. The CVSA
FOR FURTHER INFORMATION CONTACT: Mr. The cargo securement issues that were was included in the drafting group
Larry W. Minor, Office of Bus and Truck to be examined through the research because it is an organization of Federal,
Standards and Operations, MCPSV, program and the selected research State, and Provincial government
Federal Register / Vol. 67, No. 188 / Friday, September 27, 2002 / Rules and Regulations 61213
agencies and representatives from Federal, State, and Provincial Generally, the majority of the
private industry in the United States, governments throughout North America commenters supported the concept of
Canada, and Mexico dedicated to have now been encouraged to adopt it adopting the North American Cargo
improvement of commercial vehicle through their respective rulemaking Securement Standard Model
safety. The membership of the drafting processes. Regulations. However, almost all of the
group was limited because there was an commenters suggested revisions of some
informal agreement among the Publication of Advance Notice of
of the requirements to make the
interested parties that it would have Proposed Rulemaking
proposed rule more consistent with the
been impractical to draft a technical On October 17, 1996 (61 FR 54142), model regulations, and to improve the
document with a larger number of the FHWA published an advance notice clarity of the requirements. A number of
participants. of proposed rulemaking (ANPRM) the commenters had objections to
The process used for further concerning the development of the certain provisions of the model
developing this outline for the model North American Cargo Securement regulations that were proposed for
regulations involved the North Standard Model Regulations. The adoption, suggesting that their concerns
American Cargo Securement agency requested comments on its were not adequately addressed during
Harmonization Committee, a group that consideration of a rulemaking to the public meeting process used for
reviewed major portions of this outline overhaul the Federal cargo securement developing the model regulations. The
as it was completed by the drafting regulations based on the research major issues are addressed below.
group. Membership in the program described above and other
harmonization group was open to all Applicability of Cargo Securement
published cargo-securement related
interested parties in the U.S., Canada, Rules
research, such as Southern Illinois
and Mexico. This process was intended Universitys March 1995 report entitled Several commenters expressed
to ensure that all interested parties had Analysis of Rules and Regulations for concerns about the applicability of the
an opportunity to participate in the Steel Coil Truck Transport. A copy of cargo securement rules to commercial
development of the model regulations, this report is included in the public motor vehicles with a gross vehicle
and to identify and consider the docket. The agency also requested weight less than 26,000 pounds. The
concerns of the Federal, State, and comments on the process that would be National Association of Trailer
Provincial governments, carriers, used to develop the North American Manufacturers stated:
shippers, industry groups, and Cargo Securement Standard Model Our association is dedicated to promoting
associations, as well as safety advocacy Regulations. safety in trailers under 26,000 lbs GVWR
groups and the general public. The [gross vehicle weight rating]. We focus on
Generally, the commenters agreed
harmonization group held public that segment of the trailer industry. We have
with the agencys plan to participate in
meetings at locations in the United observed repeatedly that regulations are
States and Canada, during which drafts the research program to evaluate cargo
written based on experiences of tractor-trailer
of the North American Cargo securement systems, and the approach rigsthe big onesall over 26,000 lbs
Securement Standard were presented the agency described for developing the GVWRand then are automatically applied
for review and comment. North American Cargo Securement to the much smaller and much different
Representatives of the CCMTA and the Standard Model Regulations. However, trailers.
CVSA served as co-chairpersons for the some of the commenters expressed We respectfully submit that the major
harmonization group and organized the concerns about specific issues they differences of frame structure, platform
believe were not discussed adequately height, axle placements and towing methods
public meetings. The meetings held in are significant and they do affect handling,
the U.S. concerning the review of in the research and standards
development program described in the loading, and safety characteristics of these
substantive material that would be trailers.
included in the model regulations were ANPRM. Therefore, our general concern and fear is
announced by the FHWA in the Federal Publication of NPRM that regulations are developed and applied to
Register. There were nine meetings held our segment of the industry without
in the U.S. and Canada. Copies of the On December 18, 2000, the agency considering their real needs, designs and
minutes from the meetings, including published a notice of proposed ultimate impact on manufacturing costs.
lists of the agencies, organizations and rulemaking (NPRM) to adopt rules based We suggest that the rulemaking in this case
on the North American Cargo of cargo securement be applied only to those
companies represented at the meetings,
Securement Standard Model trailers (over 26,000 lbs GVWR) where they
are in the public docket. are needed.
For individuals and groups unable to Regulations (65 FR 79050). The NPRM
attend the meetings, the CCMTA posted requested comments on all aspects of United Parcel Service, Inc. (UPS ) also
information on the Internet. The the rulemaking. believes that there is insufficient data
Internet address is http://www.ab.org/ concerning the securement of cargo
Discussion of Comments to the NPRM
ccmta/ccmta.html. Individuals and transported in vehicles with a GVWR
organizations with Internet electronic The agency received 102 comments in greater than 10,001 pounds but
mail addresses were provided with the response to the NPRM. The commenters substantially less than 26,001 pounds,
opportunity to have their names added included individuals concerned about the weight typically associated with a
to an electronic mailing list to receive highway safety, truck drivers, motor heavy vehicle. UPS does not believe that
information on the development of the carriers, motor carrier associations, FMCSA has investigated the mechanical
standard. manufacturers and shippers of products differences between such vehicles and
After all interested parties were given transported on trucks, truck trailer heavy trucks, and argues that the agency
the opportunity to comment and their manufacturers, manufacturers of devices has made no effort to determine the
concerns had been considered, the final used to secure articles of cargo on propriety of applying performance
version of the North American Cargo commercial motor vehicles and several criteria and other standards developed
Securement Standard was published in associations representing such for flatbed and other heavy trucks to
May 1999 by the CCMTA. A copy of the manufacturers, and safety advocacy UPS package cars, trailers, or other
standard is in the public docket. groups. similar vehicles designed for the
handling of smaller package-type cargo not believe that the rules being adopted Performance Criteria for Cargo
within completely contained CMVs. represent a one-size-fits-all approach to Securement Systems
The Manufactured Housing Institute ensuring safety. The rules are International Paper Company was
(MHI) expressed concern about whether performance-based to the greatest extent among the numerous commenters that
the rules would be applicable to the practicable resulting in requirements expressed concerns about the proposed
transportation of manufactured homes. that increase with the size of the articles minimum performance criteria for cargo
MHI stated that various types of of cargo, or the complexity of the load securement devices and systems.
materials and supplies are shipped securement system necessary to ensure International does not believe the
within the transportable sections of that the articles are properly secured. deceleration values can be achieved
manufactured homes from the point of
With regard to MHIs concerns about under actual test conditions with loaded
manufacture to the retailer and/or home
the rules being applicable to vehicles. They believe the values were
site, where installation crews set up the
manufactured homes, transporters of the based on researchers analysis rather
homes. The materials and supplies are
homes would comply by ensuring that than the results of actual vehicle tests.
used to complete the home and include
materials and supplies used to complete International believes that minimum
carpeting, vinyl siding, roofing
the home, are positioned so that they performance criteria of 0.6g forward,
materials, and interior wall and ceiling
cannot shift around inside the home 0.35g lateral and 0.25g rearward have
materials. MHI also stated that the
materials and supplies are spread out while it is being towed to its installation been proven in real-world testing and
over several rooms, and often placed site. Placing the items within closets should be adopted.
and utility rooms or other confined The American Trucking Associations,
within closets, utility rooms, and/or
spaces generally would satisfy the new Inc. (ATA), however, believes the
other confined spaces within each
requirements under 393.102. proposed performance criteria are
transportable section of manufactured
appropriate. The ATA stated:
housing. MHI requested that Relationship Between FMCSAs and
manufactured homes be excluded from For many years a 0.6g deceleration was the
RSPAs Cargo Securement Rules best that could be attained. However, todays
the applicability of the cargo
truck tires and brakes are more capable than
securement rules. The Georgia Public Service ever before. In discussions with tire, brake
FMCSA Response Commission (Georgia PSC) and vehicle manufacturers there was
recommended that FMCSA should agreement that the g forces defined in the
The FMCSA believes the applicability reference provisions of the Research and proposal are now achievable. While these
of the new cargo securement rules Special Programs Administrations forces will rarely reach the 0.8g forward, 0.5g
should be consistent with the (RSPA) load securement rules for rearward and 0.5g lateral values, they can be
applicability of the current cargo hazardous materials transported by achieved and so should be expected under
securement regulations. The agencys certain non-crash conditions. Therefore we
highway [Subpart B of 49 CFR part 177]. accept the new values.
cargo securement rules have historically
Georgia PSC indicated that the
been applicable to the full range of The Advocates for Highway and Auto
hazardous materials regulations do not
cargo-carrying commercial vehicles Safety (Advocates) believes the
contain load securement requirements
subject to the FMCSRs since the safety performance criteria are inadequate.
for Class 9 materials and combustible
regulations were first issued more than Advocates stated:
liquids. These materials may be
60 years ago. The new rules should also
transported in non-specification These proposed limits accord with
be applicable to all cargo-carrying, recognized commercial vehicle operating
packaging (i.e., packaging that is not
commercial motor vehicles (as defined tolerances for deceleration and acceleration
required to meet RSPA performance
in 49 CFR 390.5). None of the generally without a driver losing control of
commenters have presented information standards). In addition, the
a truck and subsequently rolling over,
to support making a distinction between transportation of limited quantities is yawing, or jackknifing. However, they do not
the general applicability of the FMCSRs, not specifically covered by load entail a severe demand on cargo securement
and the applicability of the cargo securement provision of the hazardous in severe maneuvers or in minor crashes
securement rules. There is no readily materials regulations. involving forces exceeding these ceilings.
The FMCSA states in this proposed rule
apparent reason why any particular FMCSA Response that it will not adopt performance standards
class or category of cargo-carrying ensuring that cargo is retained on or in the
vehicle subject to the FMCSRs, should The FMCSA does not believe it is commercial vehicle in collisions, rollovers,
be excepted from basic requirements to necessary to include a reference to the or trailer detachments. Id. It is noteworthy
ensure that the cargo is secured to hazardous materials regulations. The that, although the agency asserts that
prevent it from falling from the vehicle, cargo securement rules being adopted shifting or falling cargo is a contributing
or shifting to the extent that the are applicable to any articles of cargo factor in less than one percent of the
vehicles stability or maneuverability is being transported in or on a commercial accidents self-reported by motor carriers, it
motor vehicle, regardless of whether the only states without corroborating figures that
adversely affected.
there is no evidence that a significant
We agree with commenters assertions transportation of the articles is subject number of secondary injuries or fatalities are
that there are differences in frame to the hazardous materials regulations. caused by the impact of cargo thrown from
structure, platform height, axle The agency has contacted RSPA to a CMV as the result of an accident, as
placements and towing methods. discuss this matter does not believe the opposed to the impact of the CMV itself with
However, there is no data to suggest that hazardous materials rules prevent motor the roadway, nearby objects or other
differences in the design of the carriers from complying with the vehicles. Id. At 79053, 79054. The FMCSA
commercial motor vehicle, or the FMCSAs cargo securement rules, or cannot fulfill its obligation to provide a
manner in which it is towed (e.g., a fifth vice versa. The FMCSAs and RSPAs documented administrative record in this
rulemaking by making this kind of summary
wheel coupling device for truck trailers, rules are complementary and motor dismissal of the crash consequences of
versus a ball-and-socket arrangement for carriers transporting hazardous dislodged cargo. Many anecdotal reports,
small trailers) negate the need for materials must ensure compliance with including newspaper accounts, of crashes
ensuring that cargo is properly secured both agencies rules, whenever involving deaths and injuries as a result of
to prevent accidents. The agency does applicable. cargo detachment have been made over the
years which verify that some of these losses demonstrate the adequacy of the made revisions to the proposed
occurred from the separation of freight from securement systems for the various language in response to the commenters
commercial motor vehicles as the result of scenarios. To undertake such a program to improve the clarity of the rule, and
severe maneuvers resulting in a collision
with other vehicles, impacts with fixed object
with nothing more than anecdotal to make the final rule more consistent
hazards, or rollovers. Advocates continues to information as the justification would with the model regulations. The new
believe that the agency has an obligation to be inappropriate. regulatory language in 393.106 will
establish standards which ensure the We continue to believe that there is ensure a performance-based approach to
crashworthiness of cargo securement no practical way to ensure that all loads securing articles of cargo in van-type
methods in most collisions or rollovers. are secured to prevent separation from trailers.
FMCSA Response the vehicle after there is a collision or
Making a Distinction Between Direct
rollover. The more practical approach
The FMCSA believes the proposed and Indirect Tiedowns
for ensuring highway safety is to focus
performance criteria are appropriate for on crash avoidance-type cargo Many of commenters indicated that
adoption in the final rule. The agency securement rules, rather than the proposed distinction between direct
agrees with the ATA that commercial crashworthiness cargo securement and indirect tiedowns would cause
motor vehicles are now capable of standards. confusion if adopted in the final rule.
achieving the types of accelerations and The Commercial Vehicle Safety Alliance
decelerations that are being adopted as Securement of Articles of Cargo in Van- stated:
performance criteria. While it is true Type Trailers
It is evident to the [CVSA] that, while there
that not every commercial motor vehicle Numerous commenters expressed is a sound technical basis for drawing the
on the road today is capable of concerns about the applicability of the distinction, there are grave concerns with
achieving such levels of performance, proposed rules to articles of cargo [the] prospect of introducing this concept in
there is no practical way to ensure that transported in van-type trailers. The regulation. There is a great deal of confusion
all loads are adequately secured unless American Forest and Paper Association with the distinction, in spite of the
the rule includes performance criteria stated: definitions included in the NPRM. Of
that reflect the latest developments in particular concern is the prospect of ensuring
vehicle design. Neither motor carriers The [preamble to the NPRM] states, that the calculation of aggregate working load
nor enforcement officials will be able to * * *. In the case of van type trailers, the limit of securement systems is carried out
problem is that some motor carriers do not easily and consistently by carriers and
determine vehicle performance use any securement devices to prevent loads enforcement officials.
capabilities. Therefore, rather than from shifting. We believe that this is a
adopt a rule with multiple sets of factual statement, however, it can be
Advocates stated:
performance standards to cover a variety misleading. There are many loads that can be [We] cannot conclusively distinguish
of vehicle types and configurations, the safely transported in a van type vehicle, between direct and indirect tiedowns, nor
agency is adopting a single set of using correct loading patterns, that require no between exactly which parts of a direct
performance standards that would additional forms of securement that meet the tiedown are governed by one-half its working
ensure that all loads are properly G-force requirements, excepting the rearward load or by its full working load. Although we
secured, regardless of the stopping requirement which is overly restrictive. The can envision an indirect tiedown whose
capability or maneuverability of the loads that can be loaded, such that they character appears to apply essentially
prevent movement to the extent that affects constraining vertical forces on a piece of
vehicle. the vehicles stability and will not fall off of cargo against the floor of the vehicle, it is far
The FMCSA disagrees with the or out of the vehicle, are safe. less clear when a tiedown can or cannot be
Advocates argument about the need for regarded as a direct tiedown or which
ensuring crashworthiness of cargo Weyerhaeuser stated: parts are governed by full working load limits
securement systems. FMCSA finds that [T]he sections of the proposed standard and which by one-half working load limits.
there is no evidence that a significant that cover general cargo ( 393.100 through Advocates is convinced that many carriers
number of secondary injuries or 393.120) are confusing and far removed from and drivers will fail to understand the
fatalities are caused by cargo thrown the principles of the Model Regulation. These distinctions drawn by the agency concerning
from a CMV after a collision. We sections appear to require tiedowns for cargo tiedowns and will inappropriately judge a
recognize that there are anecdotal transported in sided vehicles at all times. tiedown as direct when in fact it is an
Cargo that will not fall from or out of a indirect tiedown, or will misjudge the
reports and newspaper accounts of vehicle and cargo that will not shift to the working load limits applying to the different
crashes involving deaths and injuries as extent that the vehicles stability is adversely parts of a direct tiedown, resulting in
a result of cargo separating from a affected should not be subject to the securement which does not meet the
commercial motor vehicle after a requirements concerning tiedowns or other standard and poses an unacceptable safety
collision with fixed objects or rollovers. additional securement. The confusion in risk of dislodgement. As a result, the
However, a rulemaking to establish these proposed rules could lead to needless calculations which the agency wants carriers
crashworthiness standards requires litigation based on the confusion and to apply in judging whether the requirements
much more justification than anecdotal misinterpretation of the rules by shippers, of the proposed regulation have been met,
reports and newspaper articles. carriers and enforcement agencies. will be uncertain and often mistaken. The
FMCSA needs to evaluate its descriptions of
The agency would have to identify the
FMCSA Response the different species of tiedowns and perhaps
types of collisions or rollovers the provide clearer text accompanied by
rulemaking would address, the forces The FMCSA agrees with commenters illustrative examples of the most common
most likely to act on the articles of cargo that there are many loads that can be ways in which tiedowns are direct and
during these collisions and rollovers, safely transported in a van type vehicle, indirect, and provide guidance on how
and the type of cargo securement using correct loading patterns, without carriers and drivers can distinguish between
systems necessary to prevent the cargo any additional forms of securement. The the different parts of direct tiedowns with
from separating from the vehicle. The agency never intended that the cargo respect to working load limits.
effort required to undertake such a securement rules require tiedowns on
rulemaking would be costly and require all articles of cargo transported in van- FMCSA Response
a substantial amount of time to type trailers, regardless of the type of The FMCSA agrees with the
complete crash testing necessary to cargo and loading arrangement. We have commenters concerns about making the
distinction between direct and indirect it will be possible to prohibit unmarked and Van Trailers for Cargo Securement
tiedowns. While there may be safety tiedown devices. The possibility of doing this Capability June 1, 1999, concerning
benefits to adopting a final rule that will arise several years after the proposed test procedures and general performance
rule goes into effect and manufacturers and
makes such a distinction, there are also consumers realize the benefits of making and
specifications for tiedown anchor
safety risks associated with motor using marked products. points, front-end structures, and
carriers, drivers, and enforcement sidewall structures, the FMCSA still
officials not fully understanding the Keen Transport, Inc. expressed does not have any information on the
difference between the two types of concern about the potential impact the extent to which trailer manufacturers
tiedowns, and underestimating the rules would have on motor carriers if follow these recommendations. If we
aggregate working load limit necessary FMCSA prohibited the use of unmarked determine that a significant percentage
to prevent the shifting or falling of tiedowns and required rating and of manufacturers follow the
cargo. The current requirement that the marking of anchor points on CMVs. recommended practices, the agency will
aggregate working load limit of any FMCSA Response consider a rulemaking to incorporate by
securement systems used to restrain an We agree with the principle that it is reference the TTMAs recommended
article or group of articles be at least important to ensure that shippers, practice. The requirement would then
one-half times the weight of the article carriers and drivers use the proper tools apply to trailers manufactured on or
will remain in place. However, the new and techniques to secure cargo. after the effective date of the final rule.
rule explains in greater detail how the However, safety-conscious motor We are taking this cautious approach
working load limits of the individual carriers and drivers could achieve because we must be certain that newly
tiedown devices are added together to compliance with the rules being manufactured trailers satisfy the
determine the aggregate working load adopted, and make wise choices about guidelines in the recommended practice
limit, and to account for each associated cargo securement devices, without the and that motor carriers would not be
connector or attachment mechanism, mandatory marking and labeling of prohibited from using suitable
and for each section of a tiedown that tiedowns and anchor points. semitrailers and trailers solely on the
is attached to an anchor point. We acknowledge that if unmarked basis that the vehicle lacked a rating and
tiedowns of varying grades are readily marking of the anchor points.
Marking and Rating of Tiedowns and
Anchor Points available, motor carriers could Based on the anecdotal information
unknowingly violate the current rule available to date, the vast majority of
Mr. John R. Billing, one of the cargo-securement related accidents do
and the new rule by failing to have an
members of the group that drafted the not involve problems with the anchor
adequate number of securement devices.
model regulations, commented on the points. The majority of these accidents
The consequences for a load such as
agencys decision not to prohibit the use appear to involve an inadequate number
metal coils could be fatal to other
of unmarked tiedowns at this time. Mr. of tiedown devices, improper placement
motorists. While the risks of such an
Billing stated: of the tiedowns, or other factors
accident could be greatly minimized by
One of the objectives of the standard is to prohibiting motor carriers from using unrelated to the design or performance
ensure that shippers, carriers and drivers use unmarked tiedowns, there is insufficient capability of the anchor points.
the proper tools and techniques to secure information to support such a Therefore, we continue to believe that
cargo. When it comes to heavy specialized our focus should remain on the actual
loads, like logs, metal coils, billets or plate,
requirement at this time.
concrete pipe, and others, there should be no We continue to believe that before tiedowns and the way motor carriers use
room for doubt about the capacity of the tools initiating a rulemaking to prohibit the such devices to secure articles of cargo,
or the reliability of the techniques. Most use of unmarked/unrated cargo rather than on vehicle-based anchor
carriers who move such commodities on a securement devices, we would have to points.
daily basis [use] marked tiedowns and quantify the potential economic burden
trailers designed for the loads they carry.
Responsibilities for Securement of the
on the motor carrier industry and those
Prohibiting use of unmarked tiedowns will Contents of Intermodal Containers
involved with the manufacture, sale,
not affect them. It will affect the driver who and distribution of unmarked A number of commenters discussed
tries to take such a load, and has neither the
securement devices. Since we have no the difficulties that motor carriers
experience nor the proper equipment. An
objective of the standard is to try to prevent reliable information on the number of would have if the cargo securement
the inexperienced and under-equipped from manufacturers, distributors, and rules required the motor carrier to
doing things they should not be attempting. retailers of unmarked tiedowns, the ensure that the contents of the
quality or strength of such devices, or intermodal container were properly
On the subject of trailer anchor the amount of these tiedowns currently
points, Mr. Billing stated: secured, regardless of the entity that
in use by motor carriers and in retailers loaded the container. The ATA stated:
This issue is really the same issue as stock, it would be inappropriate to
allowing use of unmarked chain. If a trailer It is illegal for a motor carrier or driver to
propose a prohibition at this time. None tamper with a seal on an intermodal cargo
will carry a serious load, secured by marked of the commenters favoring a
chain of serious capacity, then the anchor container that has not been cleared by the
prohibition on unmarked tiedowns United States Customs [Service]. Many motor
points need to be strong enough to resist the
loads that the chain will apply to them. provided information to support the carriers are Customs bonded to receive
need for such a rulemaking. containers of cargo that have not yet been
The ATA indicated that it agrees with With regard to the specific issue of approved by agents of the U.S. Customs
the concept of having unmarked anchor points on semitrailers and [Service]. Customs-bonded motor carriers are
tiedowns considered as having a trailers, we continue to believe that it is responsible for:
working load limit equal to the lowest not appropriate to establish such Affixing the red Customs warning cards
rating for their type of material, as listed at the access points of conveyances (typically
requirements at this time. Although the vehicle, including intermodal container,
in the table of working load limits Truck Trailer Manufacturers doors) (the red cards are in addition to the
included in the rule. The ATA stated: Association (TTMA) has established a existing seal(s)); and
Ultimately, when all manufacturers mark recommended practice, RP 4799, Assuring the integrity of the seal and the
their products with their working load limit Testing, Rating, and Labeling Platform sanitary condition of the cargo until
Customs clears its status for delivery to the required to inspect loads when transportation for a partial load of metal coils
consignee. practicable. If the driver has the (eye vertical) and hazardous materials that
It is not uncommon for intermodal opportunity to check the securement of require placards. Which rule should we
containers of Customs bonded cargo to either the load (for example, the driver is follow? Or, would we stop every 50 miles for
travel hundreds of miles or be stored in the the entire trip?
motor carriers secured facilities before being
present while the container is being
cleared by Customs. During this period, any loaded) then there is no readily FMCSA Response
removal or tampering with the seal(s) or apparent reason why the motor carrier The FMCSA disagrees with the
cards violates U.S. Customs regulations and and driver should not be held commenters views about the periodic
is punishable by two years imprisonment accountable for the securement of the inspection of the cargo securement
and/or a $5,000 fine. Customs regulations do load. On the other hand, if there was no system. We continue to believe that it is
not permit breaking seals to double-check the practicable opportunity to inspect the
loading partys work. The only regulatory necessary for drivers to inspect cargo
cargo securement system because the securement systems because the amount
exception is in the case of * * * a real container was sealed by the shipper
emergency. of tension in the tiedowns assemblies
with strict instructions to the carrier not may decrease significantly after the
The United States Maritime Alliance to open the container, then the driver begins operating the vehicle.
Limited and the Carriers Container exception under 392.9(b)(4) would be Vibrations may cause the articles of
Council, Inc. jointly submitted applicable, and the driver would not be cargo to shift slightly such that the
comments. They stated: required to inspect the cargo securement tiedowns need to be readjusted to
While the proposed regulations recognize system. ensure that the articles do not fall from
that commercial motor vehicle (CMV) The FMCSA encourages U.S-based the vehicle, or shift to the extent that the
drivers do not have the ability to inspect motor carriers to work with domestic vehicles stability is adversely affected.
sealed containers, it fails to recognize that and international shippers to ensure
similarly ocean carriers and marine terminal We do not have sufficient information to
that loads are properly secured. develop a periodic inspection standard
operators are not able to inspect cargo Regardless of whether the FMCSRs are
transported in sealed containers. This is a that is commodity-specific as one
applicable to shippers, they have a role commenter suggested, but there is
significant omission because it indicates that
the drafters are not considering a global view in ensuring highway safety when they sufficient basis for retaining a general
of intermodal transportation but instead are load containers for transport on the rule for all drivers to periodically check
taking a narrow view of the system. highway, and seal the containers, for the condition of the cargo securement
Moreover, the exemption for CMV drivers whatever reason. system.
provided under 392.9(b)(4) could be viewed With regard to comments about the
as placing a burden on ocean carriers or Periodic Inspection of Cargo
marine terminal operators to perform these Securement Systems by Driver frequency of periodic inspections, we
inspections prior to tendering the container recognize the differences between the
The California Trucking Association
to a motor carrier. The proposed regulations minimum requirements for checking the
(CTA) recommends that the requirement
are deficient in providing the same type of condition of the cargo securement
for drivers to stop and inspect the
unequivocal exemption for ocean carriers system, and checking the tires in
articles of cargo and the securement
and marine terminal operators. accordance with 397.17. The
devices be revised to be product-
Advocates believes it is inappropriate differences, however, do not prevent
specific. The CTA believes that each
to exempt drivers from inspecting the drivers and motor carriers from
motor carrier should develop a policy to
cargo securement of freight carried in complying with either the cargo
govern load securement and inspection
sealed containers, freight which the securement rules, or the tire inspection
procedures based on their knowledge
driver is not allowed to inspect, or rule.
and expertise in transporting various On July 16, 2002 (67 FR 46624), the
freight loaded in a manner that makes commodities. The written policy would
inspection of the cargo impracticable. agency proposed eliminating the
then be made available to enforcement requirement for periodic tire checks.
65 FR 79055. Advocates stated: personnel during a compliance review.
These exemptions will easily become The agency proposed that tires be
The Maryland Department of checked at the beginning of each trip
major loopholes for consignors, brokers,
freight forwarders, and motor carriers which
Transportation (MDOT) opposed and each time the vehicle is parked. If
will undoubtedly be exploited especially for increasing the mileage at which a driver the proposal is adopted as a final rule,
legal defense of suits resulting from crashes must inspect the load after beginning a the differences between the inspection
with deaths, injuries, and property damage trip from 25 miles to 50 miles. MDOT intervals would be a moot issue.
losses as the direct result of dislodged cargo. indicated that there have been a number With regard to checking the cargo
The provision provides ample opportunities of incidents where the load came loose securement system, we are providing
for the different parties in the supply chain and caused traffic tie-ups and in some
to attempt to shift burdens of responsibility drivers with three options: whenever
cases collisions which have resulted in the driver makes a change in the duty
for cargo securement and any subsequent serious injury or death.
failures. status; or after the vehicle has been
Mr. Gary Volkman disagreed with the driven for 3 hours; or after the vehicle
FMCSA Response requirement for en route inspections of has been driven for 150 miles,
The FMCSA recognizes the concerns the cargo securement system. Mr. whichever occurs first. Pending the
commenters have about the inspection Volkman stated: completion of the rulemaking cited
of cargo in intermodal containers. Consider that currently the hazardous above, 397.17 currently requires
However, the new cargo securement materials regulations already have a rule that drivers of motor vehicles transporting
rules would place no greater every 2 hours or 100 miles the driver of a hazardous material, and equipped with
responsibility on motor carriers and placarded load must stop and do a tire check. dual tires on any axle, to stop the
Why would we confuse the issues in a
drivers than the current rules. Neither different regulation that will require the
vehicle at least once every 2 hours or
the current rules nor the rules being driver to stop in the first 50 miles and 100 miles of travel, whichever occurs
adopted today include a requirement conduct a tie down inspection? As a dry van first, to inspect the tires. It is clear that
that drivers inspect all loads in carrier it is entirely feasible that we may have 397.17 requires more frequent stops to
intermodal containers. Drivers are only a situation wherein we provide ensure the proper operating condition of
the tires. It is also clear that stopping those described by Silk Road Transport, FR 34712). The final rule incorporated
more frequently than the intervals are adequately secured in a manner by reference the NACMs specifications.
prescribed by 392.9 is not prohibited. consistent with the performance There appeared to be support for relying
Therefore, for drivers transporting requirements of this rule, without being on the NACMs expertise in establishing
hazardous materials, compliance with subjected to detailed rules that could minimum working load limits for chain
392.9 and 397.17 could be achieved result in damage to the cargo. The rules that meets the associations
by simply following the intervals have allowed motor carriers flexibility manufacturing specifications. There is
specified in 397.17. We do not believe for special-purpose vehicles for many no indication from the commenters that
it is necessary that both rules use the years and there is no readily apparent the technical expertise represented by
same intervals. reason to believe that the safety of the associations publication is any less
In response to MDOT, the proposal to operation of commercial motor vehicles credible than it was in 1994.
change the initial en route inspection would be reduced if we continue to We believe it is appropriate to defer
from 25 miles to 50 miles is based on allow the flexibility for special-purpose judgment about working load limits for
the model regulation developed by the vehicles. chains to reputable chain manufacturers
harmonization committee and discussed
National Association of Chain and their association. While the
in the public meetings described above.
Manufacturers (NACM) Publication NACMs rationale for using different
Given the extensive knowledge and
experience of the government and safety factors for different grades of
The ATA believes the NACM is
industry representatives, we believe it is chain is not entirely clear, the level of
inconsistent in its use of safety factors.
appropriate to adopt the 50-mile knowledge and expertise represented by
The ATA indicated that grade 4 chain
criterion. In doing so, we are allowing the association is such that the agency
has a safety factor of 3 (the ratio of the
drivers the flexibility to perform the would rather adopt their working load
breaking strength to the working load
initial en route inspection within the limits, even if they may appear to be
limit is 3) but grades 7, 8, and 10 have
first 25 miles after beginning a trip, or overly conservative. There is no
a safety factor of 4. The ATA stated:
if the driver believes it is more indication that adopting the NACMs
Past regulatory practice and industry most recent working load limits would
appropriate based on the nature of the experience show that, employed in
articles of cargo and the condition of the have an adverse impact on safety, or
conjunction with the stipulations in the
roads, to inspect the cargo within the result in unnecessarily burdensome
FMCSRs, a safety factor of 3 is appropriate
first 50 miles after beginning a trip. We for chain that is used to secure cargo. requirements when incorporated by
are not aware of any data or information Currently Grade 4 chain and webbing both reference.
that would suggest that allowing up to use a safety factor of 3. So, the assumption The agency encourages all interested
25 additional miles for the first en route made to ensure that changing from a rule parties to continue dialogue with the
based on static breaking strength to one based
inspection would reduce the level of NACM to achieve a common
on working load limit would not require
safety of operation of commercial motor more tie-downs, succeeded for them. understanding of the working load
vehicles. However, as noted, NACM assigns chain limits necessary for ensuring highway
grades 7, 8, and 10 a safety factor of 4. Hence safety. If the dialogue results in the
Special Rule for Special Purpose
these products are now penalized in that they NACM revising its safety factors, the
Vehicles can not be employed as they were prior to FMCSA will consider incorporating by
Silk Road Transport indicated that the 1993, when all chain used for load reference the new NACM publication.
current cargo securement rules provide securement was selected on the basis of its
an option for achieving proper static breaking strength. Logs
securement by means other than those The ATA recommends that all load Several commenters specializing in
specified in the rules. Silk Road securement chain be assigned a safety the transportation of logs expressed
Transport believes proposed rules factor of three. concern that the proposed applicability
should be revised to include the same The ATA believes this would keep the statement for the rules concerning the
level of flexibility for unique cargo such rule from being overly conservative and securement of logs was inconsistent
as railcars, airplane wings, and other avoid penalizing motor carriers for with the model regulations. The
unique cargo. using a superior product. commenters also identified regulatory
The Specialized Carriers and Rigging language in the applicability paragraph
FMCSA Response
Association (SC&RA) also expressed that was no longer necessary if the
We agree with Silk Road Transports concerns about the NACMs safety
comments. The final rule retains what is agency made the requirements more
factors. SC&RA indicated that it joined consistent with the model regulation.
currently codified under 393.100(d), the ATA in requesting the NACM
the special rule for special-purpose Specifically, the commenters indicated
change to a cargo securement safety that the applicability paragraph in the
vehicles, in 393.110(e). factor of 3, but the NACM rejected the
We have always understood that there model regulations included an
request for fear of confusion caused by exception for logs that are unitized by
are articles of cargo that require special having one safety factor for loading and
means of loading onto commercial banding or other comparable means.
another for lifting. However, the agencys proposal would
motor vehicles and recognized that the
general cargo securement rules may not FMCSA Response have imposed the requirements on
be appropriate when applied to the The FMCSA appreciates the concerns banded loads rather than to allow them
securement systems used for these commenters expressed about NACMs to be transported under the general rules
articles. In many cases, if the general safety factors for determining working for securement.
rules are applied to these loads, the load limits for various grades of chain. The commenters indicated that the
articles of cargo may be damaged during However, the agency does not believe statement about the rules applying to
transport to the extent that they could this rulemaking is the forum for all other logs and the sentence
no longer be used for their intended resolving the issue. explaining that a load comprised of
purposes. Motor carriers are capable of The agency first adopted the use of shortwood and longwood must be
ensuring that specialty articles, such as working load limits on July 6, 1994 (59 treated as shortwood were unnecessary.
FMCSA Response officer or transportation official to ascertain sufficient for making a determination
that the load will not shed loose material whether portions of the load will vibrate
The FMCSA agrees with the onto the roadway during transport.
commenters. After carefully reviewing or shake loose while the vehicle is
the model regulations, the agency Hugo Neu Corporation submitted traveling on public roads. Flattened cars
recognizes the inconsistency between its comments in opposition to those of are usually transported on flatbed
NPRM and the model standards. The ISRI. Hugo Neu stated: trailers, and stacked in such a manner
regulatory language for the final rule has We are aware of the fact that a trade that neither a driver nor an inspector
been revised accordingly. association of which we are a member, ISRI, could determine with any degree of
along with the Steel Manufacturers certainty whether there are loose items
Concrete Pipe Association (SMA), has commented on the without climbing the stack of flattened
The SC&RA and the American proposed rules and prepared a presentation cars to physically examine the load. We
which purports to demonstrate that the believe such an exercise would not
Concrete Pipe Association (ACPA) proposed containment barriers are not
expressed concern about the proposed needed to prevent the shifting and falling of
effectively ensure safety because of the
requirement that two longitudinal cargo as it relates to flattened cars. Those potential that a loose component could
cables (running from the front of the comments are directed at attempting to be missed during the inspection, and
trailer to the rear of the trailer) be used mitigate the proposed standards requiring because of the risks to drivers and
on certain loads of concrete pipe. The either four or three-sided trailers for transport enforcement personnel associated with
SCRA stated: of flattened cars with other containment climbing stacks of flattened cars.
requirements. ISRI and SMA have taken the
Current practices within the industry have position that these cars can be safety
There is a need for practical
proven to be safe and effective for the last 45 transported on a flatbed without walls. We requirements for ensuring that
years. These practices typically include a strongly disagree. commercial motor vehicles are properly
single 2 speed winch mounted to a heavy equipped to prevent loose items that
duty stand in the front of the trailer. On the FMCSA Response separate from the flattened car during
winch a [12-inch] cable goes over the load transport from falling onto the roadway,
and attaches to the bed of the rear of the The FMCSA recognizes the concerns
trailer. After the cable is in place over the expressed by ISRI and the Steel without relying on risky inspection
load and tightened, the low gear side of the Manufacturers Association. However, procedures for drivers or enforcement
winch is engaged. This process not only we believe the proposed rules personnel. The rules being adopted
forces downward pressure on the bed but it concerning the securement of flattened today provide practical standards that
also forces the pipe together. The end result cars should be adopted without change. would ensure that loose components on
is a tighter bundle of product on the trailer the flattened cars do not fall from the
bed. This method has been demonstrated to
While the specific practices for
flattening cars ISRI mentioned may transport vehicle.
the enforcement community and has been
deemed to be a safe and practical means of greatly reduce the likelihood that loose Visibility Requirements for Drivers of
transporting pipe. SC&RA proposes pieces will fall from the commercial Self-Steer Dollies
flexibility in this area that would either motor vehicle transporting the flattened
require two [38-inch] cables or a single [12- cars, we are not convinced that the The ATA requested that 392.9(a)(3)
inch] cable with a [two-speed] winch mount. flattening process alone would ensure include an exception for drivers of self-
transportation safety. steer dollies. These dollies are typically
FMCSA Response This subject was debated extensively a set of axles at the rear of a very long
We agree with the comments from during the public meetings concerning load. The cargo being transported
ACPA and SC& RA. The most important the development of the model between the truck tractor (or towing
aspect of the requirement for the regulations. None of the information unit) and the dolly obscures the dolly
longitudinal tiedown is the working presented by ISRI or the transporters of drivers view because the driver is
load limit. Either one 12-inch, or two 38- flattened cars during those public positioned under the load. The ATA
inch cables or chains with the meetings was convincing to the Federal, argues that because the driver seated in
appropriate working load limit(s) would State and Provincial government the dolly is in contact with the driver in
ensure safety. We believe it is possible representatives present, or the other the truck tractor, the safety of the
to allow flexibility without reducing industry groups represented. operation is not compromised by the
safety so the final rule provides Consequently the model regulations fact that the load obscures the view of
increased flexibility for longitudinal included the language that FMCSA the dolly operator.
tiedowns. proposed. FMCSA Response
We continue to doubt that the degree
Flattened Cars to which cars are compressed ensures FMCSA agrees with the ATA
The Institute of Scrap Recycling that none of the components will fall recommendation. Although it is
Industries, Inc. (ISRI) expressed concern from the cars. The cars are compressed important for CMV drivers to be capable
about the proposed requirements for to a fraction of their original height to of seeing other vehicles in the vicinity
securing flattened cars. ISRI stated: make it easier to transport them to of the CMV, the agency does not believe
Companies that process and load flattened recycling facilities. Most of the parts safety would be adversely affected by
and crushed cars for transport to recycling would be pressed together but some cargo obscuring the dolly drivers view
facilities must follow stringent practices to items such as door handles and mirrors directly in front of him or her. Since the
prevent loose material from falling from these may remain loosely attached to the driver with primary control for the
loads. There are several different ways by vehicle. We believe that having loose operation of the combination vehicle is
which junked cars are flattened or crushed. parts is inevitable given that the process in the truck tractor, and the driver in the
Each of these practices includes processing truck tractor and dolly are able to
of compressing the car will undoubtedly
controls and numerous inspections of the car
to detect and remove loose material that do more damage to the car than the communicate, there is no reason to be
could fall from the load during transport. A events that resulted in the car being that safety would compromised. This is
secured load of property processed and turned over for recycling. especially the case given that the
loaded flattened or crushed cars can be A visual inspection, even by drivers commercial vehicle would most likely
visually inspected by any law enforcement or enforcement personnel, is not have escort vehicles.
Discussion of the Final Rule applicability of the final rule is the same rules, are considered to meet the
The rules being adopted are based on as the existing rule, covering all cargo- performance criteria.
the North American Cargo Securement carrying commercial motor vehicles (as
Safe and Proper Working Condition for
Standard Model Regulations. The defined in 49 CFR 390.5) operated in
Tiedowns
agency is replacing its current cargo interstate commerce.
The final rule includes a requirement
securement-related regulations under Performance Criteria that all vehicle structures, systems,
392.9, concerning driver inspection of The agency is adopting new parts, and components used to secure
cargo and cargo securement systems, performance requirements concerning cargo must be in proper working order
and 393.100 through 393.106 the longitudinal, lateral, and vertical when used to perform that function
concerning cargo securement methods. accelerations that cargo securement with no damaged or weakened
The agency is also amending 393.5 systems must withstand to satisfy the components that could adversely effect
to adopt definitions of aggregate rules. Acceleration is the rate at which their performance. This requirement
working load limit; anchor point; article the speed or velocity of an object differs from the proposed rule in that
of cargo; bell pipe concrete; blocking; increases and deceleration is the rate at the defect or deficiency must be capable
bracing; frame vehicle; friction mat; which the velocity decreases. of having an adverse effect on the
hook-lift container; integral securement Accelerations are commonly reported as performance of the cargo securement
system; longwood; rail vehicle; a proportion of the acceleration due to system before the prohibition would
shortwood; sided vehicle; tiedown; gravity (g). This acceleration is 9.81 apply. The proposal would have
tractor-pole trailer; void filler; well; and meters/second/second (32.3 feet/ prohibited the use of cargo securement
working load limit. The agency is second/second), which means that the devices with any visible damage,
adopting these definitions to ensure a velocity of an object dropped from a including but not limited to, cracks, cuts
common understanding of the high elevation increases by 9.81 meters/ and deformation, regardless of whether
terminology used in the regulations. The second (32.3 feet/second). The FMCSA there was any reason to believe there
definitions are based on those in the requires that cargo securement systems would be a safety problem. We carefully
model regulations. be capable of withstanding the considered the numerous comments on
The FMCSA notes that there are following three forces, applied the proposed language, and have made
numerous other definitions in the model separately: appropriate revision to the rule.
regulations. However, the agency (1) 0.8 g deceleration in the forward
continues to believe that it is not direction; Standards for Tiedowns
necessary to adopt many of those (2) 0.5 g acceleration in the rearward The current FMCSRs incorporate by
definitions because the terms are direction; and reference manufacturing standards for
already defined in the FMCSRs, even (3) 0.5 g acceleration in a lateral certain types of tiedowns including steel
though with slightly different wording. direction. strapping, chain, synthetic webbing,
The values chosen are based on the wire rope, and cordage. The FMCSA is
Inspection of Cargo and Securement
researchers analysis of previous studies updating its reference to the National
Devices
concerning commercial motor vehicle Association of Chain Manufacturers
The FMCSA is revising 392.9 to performance. The analysis indicated (NACM) Welded Steel Chain
require that drivers inspect the cargo that the highest deceleration likely for Specifications, June 15, 1990, edition to
and the securement devices within the an empty or lightly loaded vehicle with incorporate by reference the November
first 50 miles (80.4 kilometers). an antilock brake system, all brakes 15, 1999, version. The agency notes that
Currently, 392.9 requires inspection properly adjusted, and warmed to some of the working load limit values in
within the first 25 miles (40.2 provide optimal braking performance, is the 1999 version differ slightly from
kilometers). The FMCSA continues to in the range of 0.80.85 g. However, a those in the 1990 version. Also, the
believe that the research concerning the typical loaded vehicle would not be 1999 version includes working load
effects of vibration on cargo securement expected to achieve a deceleration limits for a new grade of alloy chain,
devices and changes in the tension of greater than 0.6 g on a dry road. grade 100.
indirect tiedowns, suggests that The typical lateral acceleration while The agency is also changing its
conditions of the securement system driving a curve or ramp at the posted reference for synthetic webbing from the
which would require the driver to make advisory speed is in the range 0.050.17 1991 edition to the 1998 edition of the
readjustments are more likely to occur g. Loaded vehicles with a high center of Web Sling and Tiedown Associations
after the vehicle has been driven gravity roll over at a lateral acceleration publication. Generally, the working load
between 25 and 50 miles, rather than 0 above 0.35 g. Lightly loaded vehicles, or limits are the same as those in the 1991
to 25 miles. This is because traveling heavily loaded vehicles with a lower publication.
beyond 25 miles would subject the center of gravity, may withstand lateral
vehicle to more vibration and forces acceleration forces greater than 0.50 g. Combining Requirements for Load
over a longer period of time. However, We continue to believe that the Binders, Attachment Points and
the agency believes the maximum information presented by the Winches
distance the vehicle could be operated researchers supports the use of the The agency had proposed that
safely prior to the inspection of the decelerations listed above. 393.112, 393.114, and 393.116
tiedowns should not exceed 50 miles. Generally, motor carriers are not provide requirements for load binders
All other requirements currently required to conduct testing of cargo and associated hardware, attachment
contained in 392.9 would remain the securement systems to determine points on commercial motor vehicles for
same. compliance with the performance tiedowns, and winches of fastening
requirement. Section 393.102 explicitly devices, respectively. Upon careful
Applicability of the Final Rule states that cargo that is immobilized or review of the proposed requirements
Section 393.100 establishes the secured in accordance with general and in response to numerous comments
applicability of the cargo securement rules regarding cargo securement about the apparent redundancy with the
rules under subpart I of part 393. The systems, or the commodity-specific general requirements under
393.104(c), and 393.106(d), the final explicit requirements concerning the cargo securement rules. However, with
rule does not include the proposed securement of the contents inside the exception of metal coils, there is no
wording that appeared in those sections. intermodal containers would make it detailed guidance for motor carriers and
The remaining sections of the final rule clear that each motor carrier and each enforcement officials. We continue to
have been renumbered accordingly. driver must ensure that such loads are believe that accidents may be prevented
properly secured, when it is practicable through the establishment of much more
Securement of Intermodal Containers
to inspect the condition of loading. detailed rules that clearly spell out what
and the Contents of Such Containers
is required to achieve the desired level
The FMCSA is adopting commodity- Front End Structures on CMVs
of safety. The rules would eliminate
specific requirements which would Although the model regulations do most of the confusion about what
apply to intermodal cargo containers. not include a provision concerning front constitutes an acceptable cargo
The requirements being adopted today end structures (i.e., headerboards) used securement system.
includes a provision allowing motor as part of a cargo securement system, The FMCSA notes that the
carriers the option of attaching tiedowns the FMCSA is retaining its current front- requirements for the securement of
to the upper corners of loaded end structure rules for CMVs. The concrete pipe being adopted today does
containers. The proposal would have FMCSA is, however, revising its current not include the provision requiring that
required that all tiedowns be attached to rule ( 393.106) by changing the ice be removed from pipe before it is
the lower corners of the loaded applicability to cover CMVs loaded. The agency no longer believes
containers. The agency agreed with transporting cargo that is in contact with that provision is necessary because most
commenters concerns about the need for the front-end structure of the vehicle. By shipments of concrete pipe would not
flexibility in securing the containers. contrast, the current rule establishes be covered with ice, and in those cases
The agency is including in the final requirements for, and requires that where ice was present, there may be no
rule a provision concerning the vehicles be equipped with, front-end practicable means of deicing the pipe
transportation of empty intermodal structures irrespective of whether the prior to it being loaded onto a CMV.
containers. Upon careful review of the device is being used as part of a cargo Most shippers of concrete pipe would
model regulations and previously issued securement system. ensure to the greatest extent practicable
regulatory guidance, the agency The current rules emphasize occupant that the pipe is not covered with ice
determined that a less stringent protection rather than cargo securement. immediately prior to transport. For
provision concerning the securement of They assume that cargo that is not those cases in which exposure to ice
empty containers should be included. braced against a front-end structure could not be avoided, motor carriers are
Empty intermodal containers have been could shift forward, and the structure strongly encouraged to take appropriate
transported safely on vehicles other would prevent the load from penetrating actions to ensure that load is properly
than container chassis for many years. the drivers compartment. While this secured before transport. However, the
Frequently, the container(s) may concept may have merit for certain agency does not believe it is necessary
overhand the front or rear of the trailer. types of cargo, we continue to believe to make the mere presence of any
However, as long the containers are that the best way to ensure driver safety amount of ice on a concrete pipe a
properly secured, motor carriers have is to have tougher standards to prevent violation of the FMCSRs.
been allowed to transport them in this the cargo from shifting forward. For
manner. Since the empty containers are example, if the vehicle is transporting Use of Unmarked Tiedowns
a fraction of the weight of fully laden metal coils, once the load begins to The final rule does not include a
containers, the securement methods move forward, it is unlikely that a front- prohibition on the use of unmarked
needed to ensure safety are not as end structure would save the driver. tiedown devices. Although many of the
extensive as with loaded containers. However, by establishing new rules to participants in the harmonization group
The new language concerning empty better ensure that the coils do not move meetings and numerous commenters to
containers is provided in 393.126(d). forward, we are more likely to the NPRM argue that the Federal cargo
The agency is also adopting specific accomplish the safety objective of securement rules should include such a
rules for metal coils transported in saving lives and preventing injuries. prohibition, we do not believe it is
intermodal cargo containers. The agency appropriate to establish such a rule at
does not believe the rules will create Specific Securement Requirements by this time.
difficulties for motor carriers or Commodity Type Before establishing a prohibition on
shippers offering loaded containers for The FMCSA is adopting detailed the use of unmarked tiedowns, the
transportation. requirements for the securement of the FMCSA would have to quantify the
For example, 392.9(a) requires following commodities: logs; dressed potential economic burden on the motor
drivers to assure themselves that cargo lumber; metal coils; paper rolls; carrier industry and those involved with
is properly distributed and adequately concrete pipe; intermodal containers; the manufacture, sale, and distribution
secured before operating a commercial automobiles, light trucks and vans; of unmarked securement devices. Since
motor vehicle. Section 392.9(b) requires heavy vehicles, equipment and the FMCSA has no reliable information
drivers to examine the cargo and load- machinery; flattened or crushed on the number of manufacturers,
securing devices during the trip and vehicles; roll-on/roll-off containers; and distributors, and retailers of unmarked
make adjustments when necessary to large boulders. During public meetings tiedowns, the quality or strength of such
maintain the security of the load. concerning the development of the devices, or the amount of these
Section 392.9(b) provides an exception model regulations, participants said that tiedowns currently in use by motor
for drivers of sealed commercial motor these commodities cause the most carriers and in retailers stock, it would
vehicles who have been ordered not to disagreement between industry and be inappropriate to prohibit these
open the vehicle to inspect its cargo, or enforcement agencies as to what is devices. However, in view of the
to drivers of vehicles loaded in a required for proper securement. potential safety hazards of motor
manner that makes inspection of the The FMCSA notes that each of these carriers misidentifying unmarked
cargo impracticable. The requirements commodities must be properly secured tiedowns, the final rule includes a
of 392.9 when combined with the under the current performance-based provision that unmarked welded steel
chain be considered to have a working motor carriers and enforcement officials have been drafted to enable the reader
load limit equal to that of grade 30 proof sufficient time to prepare for the to use the rules as step-by-step
coil, and other types of unmarked transition from the current requirements instructions for securing the commodity
tiedowns be considered to have a to rules compatible with the model being transported.
working load limit equal to the lowest regulations. With regard to costs to the States to
rating for that type in the table of train inspectors, the agency is working
working load limits. Rulemaking Analysis and Notices with its State and Provincial partners to
Executive Order 12866 (Regulatory develop training materials that could be
Rating and Marking of Anchor Points used to minimize the costs for the
Planning and Review) and DOT
The final rule does not include a Regulatory Policies and Procedures enforcement community and the motor
requirement that anchor points be rated carrier industry. For States participating
and marked. While we continue to agree The FMCSA has determined that this
in the Motor Carrier Safety Assistance
with the basic principle of rating and action is not a significant regulatory
Program (MCSAP), training costs are
marking of anchor points, there is action within the meaning of Executive considered an eligible expense. This
insufficient data to support establishing Order 12866 or within the meaning of means the States could receive Federal
manufacturing standards at this time. As Department of Transportation regulatory funds to help cover the costs of training
we indicated above, we will continue to policies and procedures. Neither the their roadside inspectors. Therefore,
work with the TTMA and other private level of public or Congressional interest, based upon the information above, the
sector groups to gather information nor the costs of implementing the final agency estimates that the economic
about the extent to which trailer rule are such that the rule would be impact associated with this rulemaking
manufacturers follow the TTMAs considered significant. Based on the action would be minimal and a full
recommended practice concerning information currently available, the cost regulatory evaluation is not necessary.
rating and marking of anchor points. As to the motor carrier industry for
we gather this information, we will compliance with the rules, and the cost Regulatory Flexibility Act
consider the need for any future to the States for adopting and enforcing In compliance with the Regulatory
standards development work in this the new requirements will be Flexibility Act (5 U.S.C. 601612), the
area. significantly less than the $100,000,000 FMCSA has considered the effects of
threshold used as one of the factors in this regulatory action on small entities
Development of Training Program determining the significance of a and determined that this rule would
The agencies and organizations rulemaking. affect a substantial number of small
participating in the North American This rule requires that motor carriers entities but would not have a significant
Cargo Securement Program have operating in interstate commerce impact on them.
established a Training and Education comply with improved cargo Generally, the final rule requires
Committee responsible for developing a securement regulations based on the motor carriers to change the way cargo
training package for motor carriers and following: (1) The results of a multi-year securement devices are used to prevent
enforcement officials to ensure that the comprehensive research program to certain articles from shifting on or
model regulations now being considered evaluate current U.S. and Canadian within, or falling from, CMVs. In some
for adoption throughout North America cargo securement regulations; (2) the instances, the rule requires motor
are understood by all affected parties. motor carrier industrys best practices; carriers to increase the number of
The training package will cover all of and (3) recommendations presented tiedown devices used to secure certain
the requirements in the model during a series of public meetings. types of cargoes. However, the rule does
regulations, and to some extent, best Generally, the revision requires motor not require motor carriers to purchase
practices for securing cargo. The carriers to change the way cargo new equipment.
training materials may be used to help securement devices are used to prevent The FMCSA finds that the vast
motor carriers better understand how to certain articles from shifting on or majority of motor carriers have a
properly secure different types of cargo within, or falling from, CMVs, and how sufficient supply of tiedown devices on
and to ensure they are aware of what is calculations are done. In some board their vehicles at all times.
required. Enforcement officials could instances, the changes require motor The agency believes the number of
also use the training material to ensure carriers to increase the number of tiedowns on board and the strength of
that they have an understanding of the tiedown devices used to secure certain these devices are usually sufficient to
new requirements. It is anticipated that types of cargoes. secure whatever types of loads the
the training materials will be completed The agency believes the vast majority motor carrier is transporting, or intends
and available to the public from the of motor carriers have a sufficient to transport. As we stated in the
FMCSA before the deadline for supply of tiedown devices on board preamble to the notice of proposed
compliance with the final rule. The their vehicles at all times. The final rule rulemaking, the cargo securement
FMCSA will post publications on its allows motor carriers to continue using problems typically observed during
website to assist individuals with those tiedowns provided the devices roadside inspections of flatbed trailers
Internet access. The FMCSA will also meet the applicable manufacturing are ones in which motor carriers do not
consider making copies of the training standards currently incorporated by use enough of the tiedowns that they
materials available through the U.S. reference in 393.102(b). already have on board their vehicles. In
Department of Commerces National Most of the costs associated with this the case of van type trailers, the problem
Technical Information Service. rulemaking are believed to be associated is that some motor carriers do not use
with the training of drivers, motor any securement devices to prevent loads
Compliance Date carrier employees responsible for from shifting. Therefore, FMCSA
The FMCSA has chosen January 1, loading CMVs, and enforcement believes that motor carriers already have
2004, as the deadline for motor carriers officials to ensure that they understand all the hardware they need to comply
to ensure compliance with the final the requirements being adopted. with the proposed changes. The
rule. The FMCSA believes this time However, this cost should be minimal challenge for motor carriers is to learn
frame is appropriate and will provide because the commodity-specific rules how to properly use tiedown devices to
further reduce the occurrence of cargo the cost for the instructor, and course Executive Order 13132 (Federalism)
securement-related accidents. materials. If the drivers earned $20 an This action has been analyzed in
Motor carriers are currently required hour, the costs for the group of drivers accordance with the principles and
to use tiedown devices that meet to attend class for 4 hours would be criteria contained in Executive Order
applicable manufacturing standards $800. These examples indicate how the 13132. It has been determined that this
incorporated by reference in costs per motor carrier could vary rulemaking does not have a substantial
393.102(b). Under the final rule, the greatly depending on the number of direct effect on States, nor would it limit
agency is continuing to require motor drivers to be trained, and the amount of the policy-making discretion of the
carriers to use only tiedown devices that training required. States. Nothing in this document
meet manufacturing standards currently preempts any State law or regulation.
specified 393.102(b). If the tiedowns The FMCSA cannot determine at this
are in safe and proper condition, and time the amount of training drivers and Executive Order 12372
meet the applicable manufacturing other motor carrier employees may (Intergovernmental Review)
standards, use of the devices is not need. However, the agency estimates
that for a small entity employing 10 Catalog of Federal Domestic
prohibited by this rule. Assistance Program Number 20.217,
As indicated above, additional costs drivers the costs would not exceed
Motor Carrier Safety. The regulations
may be associated with training of $1,000 ($800 for drivers wages + $200
implementing Executive Order 12372
motor carrier employees responsible for for the instructor and course materials).
regarding intergovernmental
loading CMVs, drivers, and enforcement The agency believes the economic
consultation on Federal programs and
officials to ensure that they understand impact on such motor carriers of these
activities do not apply to this program.
the requirements being considered. The training costs will be minimal.
final rule does not adopt the provisions Accordingly, the FMCSA has Paperwork Reduction Act
in the NPRM that distinguish between considered the economic impacts of the This action does not contain a
direct and indirect tiedowns. This requirements on small entities and collection of information requirement
means that there are very few aspects, certifies that this rule would not have a for the purposes of the Paperwork
if any, of the new requirements that significant economic impact on a Reduction Act of 1995, 44 U.S.C. 3501
differ significantly from the technical substantial number of small entities. et seq.
concepts in the current rules, and the
best practices of the motor carrier Unfunded Mandates Reform Act of 1995 National Environmental Policy Act
industry. However, training may be The Federal Motor Carrier Safety
desirable for some individuals. It is This rule does not impose an Administration (FMCSA) is a new
more likely than not that compliance unfunded Federal mandate, as defined administration within the Department of
with the final rule could be achieved by the Unfunded Mandates Reform Act Transportation (DOT). We are striving to
with a minimal amount of training. This of 1995 (2 U.S.C. 1532 et seq.), that will meet all of the statutory and executive
is because the commodity-specific rules result in the expenditure by State, local, branch requirements on rulemaking.
have been drafted to enable the reader and tribal governments, in the aggregate, The FMCSA is currently developing an
to use the rules as step-by-step or by the private sector, of $100 million agency order that will comply with all
instructions for securing the commodity or more in any one year. statutory and regulatory policies under
being transported. Executive Order 12988 (Civil Justice the National Environmental Policy Act
For motor carriers that provide Reform) of 1969 (42 U.S.C. 4321 et seq.). We
training for their drivers, the costs could expect the draft FMCSA Order to appear
vary with the number of hours for This action meets applicable in the Federal Register for public
training, and the number of drivers standards in sections 3(a) and 3(b)(2) of comment in the near future. The
being trained. At a minimum, training Executive Order 12988, Civil Justice framework of the FMCSA Order is
costs would include wages for the Reform, to minimize litigation, consistent with and reflects the
drivers. The FMCSA reviewed earnings eliminate ambiguity, and reduce procedures for considering
information from the U.S. Department of burden. environmental impacts under DOT
Labor. The FMCSA used the Order 5610.1C. The FMCSA analyzed
Occupational Outlook Handbook, Executive Order 13045 (Protection of this final rule under the NEPA and DOT
200001 Edition, Bulletin 2520. The Children) Order 5610.1C. Since the final rule
median hourly earnings of drivers of relates only to the way motor carriers
light and heavy trucks were $11.67 in The FMCSA has analyzed this action
use cargo securement devices to prevent
1998. The middle 50 percent earned under Executive Order 13045,
certain articles from shifting on or
between $8.80 and $15.57 an hour. The Protection of Children from
within, or falling from CMVs, we
lowest 10 percent earned less than $6.51 Environmental Health Risks and Safety
believe it would be among the type of
and the highest 10 percent earned more Risks. This rule is not an economically
regulations that would be categorically
than $19.14 an hour. significant rule and does not concern an
excluded from any environmental
If a motor carrier provided one hour environmental risk to health or safety
assessment.
of training for 10 drivers in the middle that may disproportionately affect
50 percent, the maximum cost would be children. Executive Order 13211 (Energy Effects)
$155.70 (10 drivers $15.57 an hour per Executive Order 12630 (Taking of We have analyzed this action under
driver 1 hour) in wages for the drivers Private Property) Executive Order 13211, Actions
to attend training, plus the cost for the Concerning Regulations That
instructor and course materials. If the This rule will not effect a taking of Significantly Affect Energy Supply,
training for the same group of drivers private property or otherwise have Distribution or Use. We have
was expanded to four hours the cost taking implications under Executive determined that it is not a significant
would be $622.80 (10 drivers x $15.57 Order 12630, Governmental Actions and energy action under that order because
an hour per driver x 4 hours) in wages Interference with Constitutionally it is not economically significant and is
for the drivers to attend training, plus Protected Property Rights. not likely to have a significant adverse
effect on the supply, distribution, or use necessary, including adding more Bracing. A structure, device, or
of energy. securement devices, to ensure that cargo another substantial article placed
cannot shift on or within, or fall from against an article of cargo to prevent it
List of Subjects
the commercial motor vehicle; and from tipping, that may also prevent it
49 CFR Part 392 (3) Reexamine the commercial motor from shifting.
vehicles cargo and its load securement * * * * *
Highway safety, Motor carriers.
devices during the course of Dunnage. All loose materials used to
49 CFR Part 393 transportation and make any necessary support and protect cargo.
Highway safety, Incorporation by adjustment to the cargo or load Dunnage bag. An inflatable bag
reference, Motor carriers, Motor vehicle securement devices, including adding intended to fill otherwise empty space
safety. more securement devices, to ensure that between articles of cargo, or between
cargo cannot shift on or within, or fall articles of cargo and the wall of the
In consideration of the foregoing, the from, the commercial motor vehicle.
FMCSA is amending title 49, Code of vehicle.
Reexamination and any necessary * * * * *
Federal Regulations, chapter III, as adjustments must be made whenever
follows: Edge protector. A device placed on
(i) The driver makes a change of his/ the exposed edge of an article to
her duty status; or distribute tiedown forces over a larger
PART 392[AMENDED]
(ii) The commercial motor vehicle has
area of cargo than the tiedown itself, to
1. The authority citation for part 392 been driven for 3 hours; or
(iii) The commercial motor vehicle protect the tie-down and/or cargo from
continues to read as follows: damage, and to allow the tiedown to
has been driven for 150 miles,
Authority: 49 U.S.C. 31136 and 31502; and slide freely when being tensioned.
49 CFR 1.73.
whichever occurs first.
(4) The rules in this paragraph (b) do * * * * *
2. Section 392.9 is revised to read as not apply to the driver of a sealed Frame vehicle. A vehicle with skeletal
follows: commercial motor vehicle who has been structure fitted with one or more bunk
ordered not to open it to inspect its units for transporting logs. A bunk unit
392.9 Inspection of cargo, cargo consists of U-shaped front and rear
securement devices and systems.
cargo or to the driver of a commercial
motor vehicle that has been loaded in a bunks that together cradle logs. The
(a) General. A driver may not operate manner that makes inspection of its bunks are welded, gusseted or otherwise
a commercial motor vehicle and a motor cargo impracticable. firmly fastened to the vehicles main
carrier may not require or permit a beams, and are an integral part of the
driver to operate a commercial motor PART 393[AMENDED] vehicle.
vehicle unless Friction mat. A device placed
(1) The commercial motor vehicles 3. The authority citation for part 393
between the deck of a vehicle and
cargo is properly distributed and continues to read as follows:
article of cargo, or between articles of
adequately secured as specified in Authority: Section 1041(b) of Pub. L. 102 cargo, intended to provide greater
393.100 through 393.142 of this 240, 105 Stat. 1914; 49 U.S.C. 31136 and friction than exists naturally between
subchapter. 31502; and 49 CFR 1.73.
these surfaces.
(2) The commercial motor vehicles 4. Amend 393.5 to add the following * * * * *
tailgate, tailboard, doors, tarpaulins, definitions in alphabetical order: g. The acceleration due to gravity,
spare tire and other equipment used in 32.2 ft/sec2 (9.823 m/sec2).
its operation, and the means of fastening 393.5 Definitions.
the commercial motor vehicles cargo, * * * * * * * * * *
Aggregate working load limit. The Hook-lift container. A specialized
are secured; and
summation of the working load limits or container, primarily used to contain and
(3) The commercial motor vehicles
restraining capacity of all devices used transport materials in the waste,
cargo or any other object does not
to secure an article of cargo on a vehicle. recycling, construction/demolition and
obscure the drivers view ahead or to the
* * * * * scrap industries, which is used in
right or left sides (except for drivers of
Anchor point. Part of the structure, conjunction with specialized vehicles,
self-steer dollies), interfere with the free
fitting or attachment on a vehicle or in which the container is loaded and
movement of his/her arms or legs,
article of cargo to which a tiedown is unloaded onto a tilt frame body by an
prevent his/her free and ready access to
attached. articulating hook-arm.
accessories required for emergencies, or
prevent the free and ready exit of any * * * * * * * * * *
person from the commercial motor Article of cargo. A unit of cargo, other Integral securement system. A system
vehicles cab or drivers compartment. than a liquid, gas, or aggregate that lacks on certain roll-on/roll-off containers and
(b) Drivers of trucks and truck physical structure (e.g., grain, gravel, hook-lift containers and their related
tractors. Except as provided in etc.) including articles grouped together transport vehicles in which compatible
paragraph (b)(4) of this section, the so that they can be handled as a single front and rear hold down devices are
driver of a truck or truck tractor must unit or unitized by wrapping, strapping, mated to provide securement of the
(1) Assure himself/herself that the banding or edge protection device(s). complete vehicle and its articles of
provisions of paragraph (a) of this cargo.
* * * * *
section have been complied with before Bell pipe concrete. Pipe whose * * * * *
he/she drives that commercial motor flanged end is of larger diameter than its Longwood. All logs that are not
vehicle; barrel. shortwood, i.e., are over 4.9 m (16 feet)
(2) Inspect the cargo and the devices Blocking. A structure, device or long. Such logs are usually described as
used to secure the cargo within the first another substantial article placed long logs or treelength.
50 miles after beginning a trip and cause against or around an article of cargo to * * * * *
any adjustments to be made to the cargo prevent horizontal movement of the Rail vehicle. A vehicle whose skeletal
or load securement devices as article of cargo. structure is fitted with stakes at the front
and rear to contain logs loaded hereby made a part of the regulations in (1) Standards of the Underwriters
crosswise. part 393. The Director of the Federal Laboratories, Inc. Information and
* * * * * Register has approved the materials copies may be obtained by writing to:
Shoring bar. A device placed incorporated by reference in accordance Underwriters Laboratories, Inc., 333
transversely between the walls of a with 5 U.S.C. 552(a) and 1 CFR part 51. Pfingsten Road, Northbrook, Illinois
vehicle and cargo to prevent cargo from For materials subject to change, only the 60062.
tipping or shifting. specific version approved by the (2) Specifications of the American
Shortwood. All logs typically up to Director of the Federal Register and Society for Testing and Materials.
4.9 m (16 feet) long. Such logs are often specified in the regulation are Information and copies may be obtained
described as cut-up logs, cut-to-length incorporated. Material is incorporated by writing to: American Society for
logs, bolts or pulpwood. Shortwood may as it exists on the date of the approval Testing and Materials, 100 Barr Harbor
be loaded lengthwise or crosswise, and a notice of any change in these Drive, West Conshohocken,
though that loaded crosswise is usually materials will be published in the Pennsylvania 194282959.
no more than 2.6 m (102 inches) long. Federal Register. (3) Specifications of the National
(b) Matter or materials referenced in Association of Chain Manufacturers.
* * * * *
part 393. The matter or materials listed Information and copies may be obtained
Sided vehicle. A vehicle whose cargo
in this paragraph are incorporated by by writing to: National Association of
compartment is enclosed on all four
reference in the corresponding sections Chain Manufacturers, P.O. Box 22681,
sides by walls of sufficient strength to
noted. Lehigh Valley, Pennsylvania 18002
contain articles of cargo, where the
(1) Highway Emergency Signals, 2681.
walls may include latched openings for
Fourth Edition, Underwriters (4) Specifications of the Web Sling
loading and unloading, and includes
Laboratories, Inc., UL No. 912, July 30, and Tiedown Association. Information
vans, dump bodies, and a sided
1979, (with an amendment dated and copies may be obtained by writing
intermodal container carried by a
November 9, 1981), incorporation by to: Web Sling and Tiedown Association,
vehicle.
reference approved for 393.95(j). Inc., 5024R Campbell Boulevard,
* * * * * Baltimore, Maryland 212365974.
(2) Standard Specification for
Tiedown. A combination of securing (5) Manuals of the Wire Rope
Strapping, Flat Steel and Seals,
devices which forms an assembly that Technical Board. Information and
American Society for Testing and
attaches articles of cargo to, or restrains copies may be obtained by writing to:
Materials (ASTM), D395397, February
articles of cargo on, a vehicle or trailer, Wire Rope Technical Committee, P.O.
1998, incorporation by reference
and is attached to anchor point(s). Box 849, Stevensville, Maryland 21666.
approved for 393.104(e).
Tractor-pole trailer. A combination (6) Standards of the Cordage Institute.
(3) Welded Steel Chain Specifications,
vehicle that carries logs lengthwise so Information and copies may be obtained
National Association of Chain
that they form the body of the vehicle. by writing to: Cordage Institute, 350
Manufacturers, November 15, 1999,
The logs are supported by a bunk Lincoln Street, # 115, Hingham,
incorporation by reference approved for
located on the rear of the tractor, and Massachusetts 02043.
393.104(e).
another bunk on the skeletal trailer. The (7)(9) [Reserved].
(4) Recommended Standard
tractor bunk may rotate about a vertical (10) All of the materials incorporated
Specification for Synthetic Web
axis, and the trailer may have a fixed, by reference are available for inspection
Tiedowns, Web Sling and Tiedown
scoping, or cabled reach, or other at:
Association, WSTDAT1, 1998,
mechanical freedom, to allow it to turn. (i) The Federal Motor Carrier Safety
incorporation by reference approved for
* * * * * 393.104(e). Administration, Office of Bus and Truck
Void filler. Material used to fill a (5) Wire Rope Users Manual, 2nd Standards and Operations, 400 Seventh
space between articles of cargo and the Edition, Wire Rope Technical Board Street, SW., Washington, DC 20590; and
structure of the vehicle that has November 1985, incorporation by (ii) The Office of the Federal Register,
sufficient strength to prevent movement reference approved for 393.104(e). 800 North Capitol Street, NW, Suite 700,
of the articles of cargo. (6) Cordage Institute rope standards Washington, DC.
* * * * * approved for incorporation into 6. Section 393.95(j) is amended by
Well. The depression formed between 393.104(e): replacing the reference to 393.7(b)
two cylindrical articles of cargo when (i) PETRS2, Polyester Fiber Rope, 3- with 393.7(c).
they are laid with their eyes horizontal Strand and 8-Strand Constructions, 7. Subpart I of part 393 is revised to
and parallel against each other. January 1993; read as follows:
* * * * * (ii) PPRS2, Polypropylene Fiber Subpart IProtection Against Shifting and
Working load limit (WLL). The Rope, 3-Strand and 8-Strand Falling Cargo
maximum load that may be applied to Constructions, August 1992; 393.100 Which types of commercial motor
a component of a cargo securement (iii) CRS1, Polyester/Polypropylene vehicles are subject to the cargo
system during normal service, usually Composite Rope Specifications, Three- securement standards of this subpart,
assigned by the manufacturer of the Strand and Eight-Strand Standard and what general requirements apply?
component. Construction, May 1979; 393.102 What are the minimum
5. Section 393.7 is revised as follows: (iv) NRS1, Nylon Rope performance criteria for cargo
Specifications, Three-Strand and Eight- securement devices and systems?
393.7 Matter incorporated by reference. Strand Standard Construction, May 393.104 What standards must cargo
(a) Incorporation by reference. Part 1979; and securement devices and systems meet in
order to satisfy the requirements of this
393 includes references to certain matter (v) C1, Double Braided Nylon Rope subpart?
or materials, as listed in paragraph (b) Specifications DBN, January 1984. 393.106 What are the general requirements
of this section. The text of the materials (c) Availability. The materials for securing articles of cargo?
is not included in the regulations incorporated by reference are available 393.108 How is the working load limit of a
contained in part 393. The materials are as follows: tiedown determined?
393.110 What else do I have to do to within the vehicle to such an extent that vehicle must be capable of meeting the
determine the minimum number of the vehicles stability or requirements of 393.102.
tiedowns? maneuverability is adversely affected.
393.112 Must a tiedown be adjustable? (b) Prohibition on the use of damaged
393.114 What are the requirements for front 393.102 What are the minimum securement devices. All vehicle
end structures used as part of a cargo performance criteria for cargo securement structures, systems, parts, and
securement system? devices and systems? components used to secure cargo must
Specific Securement Requirements by (a) Performance criteria. Cargo be in proper working order when used
Commodity Type securement devices and systems must to perform that function with no
393.116 What are the rules for securing be capable of withstanding the damaged or weakened components that
logs? following three forces, applied will adversely effect their performance
393.118 What are the rules for securing separately: for cargo securement purposes,
dressed lumber or similar building (1) 0.8 g deceleration in the forward including reducing the working load
products? direction;
393.120 What are the rules for securing limit, and must not have any cracks or
(2) 0.5 g acceleration in the rearward
metal coils? direction; and cuts.
393.122 What are the rules for securing (3) 0.5 g acceleration in a lateral (c) Vehicle structures and anchor
paper rolls?
393.124 What are the rules for securing
direction. points. Vehicle structures, floors, walls,
concrete pipe? (b) Performance criteria for devices to decks, tiedown anchor points,
393.126 What are the rules for securing prevent vertical movement of loads that headerboards, bulkheads, stakes, posts
intermodal containers? are not contained within the structure of and associated mounting pockets used
393.128 What are the rules for securing the vehicle. Securement systems must to contain or secure articles of cargo
automobiles, light trucks and vans? provide a downward force equivalent to must be strong enough to meet the
393.130 What are the rules for securing at least 20 percent of the weight of the
heavy vehicles, equipment and performance criteria of 393.102, with
article of cargo if the article is not fully no damaged or weakened components
machinery?
contained within the structure of the
393.132 What are the rules for securing that will adversely effect their
flattened or crushed vehicles? vehicle. If the article is fully contained
performance for cargo securement
393.134 What are the rules for securing roll- within the structure of the vehicle, it
may be secured in accordance with purposes, including reducing the
on/roll-off and hook lift containers?
393.136 What are the rules for securing 393.106(b). working load limit, and must not have
large boulders? (c) Prohibition on exceeding working any cracks or cuts.
load limits. Cargo securement devices (d) Material for dunnage, chocks,
393.100 Which types of commercial
and systems must be designed, cradles, shoring bars, blocking and
motor vehicles are subject to the cargo
securement standards of this subpart, and installed, and maintained to ensure that bracing. Material used as dunnage or
what general requirements apply? the maximum forces acting on the dunnage bags, chocks, cradles, shoring
(a) Applicability. The rules in this devices or systems do not exceed the bars, or used for blocking and bracing,
subpart are applicable to trucks, truck working load limit for the devices under must not have damage or defects which
tractors, semitrailers, full trailers, and the conditions listed in paragraphs (a) would compromise the effectiveness of
pole trailers. and (b) of this section. the securement system.
(b) Prevention against loss of load. (d) Equivalent means of securement.
Cargo that is immobilized, or secured in (e) Manufacturing standards for
Each commercial motor vehicle must,
accordance with the applicable tiedown assemblies. Tiedown
when transporting cargo on public
requirements of 393.104 through assemblies (including chains, wire rope,
roads, be loaded and equipped, and the
cargo secured, in accordance with this 393.136, is considered as meeting the steel strapping, synthetic webbing, and
subpart to prevent the cargo from performance criteria of this section. cordage) and other attachment or
leaking, spilling, blowing or falling from fastening devices used to secure articles
393.104 What standards must cargo
the motor vehicle. securement devices and systems meet in of cargo to, or in, commercial motor
(c) Prevention against shifting of load. order to satisfy the requirements of this vehicles must conform to the following
Cargo must be contained, immobilized subpart? applicable standards:
or secured in accordance with this (a) General. All devices and systems
subpart to prevent shifting upon or used to secure cargo to or within a
An assembly component of . . . Must conform to . . .
(1) Steel strapping 1, 2 ............................. Standard Specification for Strapping, Flat Steel and Seals, American Society for Testing and Materials
(ASTM) D395397, February 1998.4
(2) Chain ................................................ National Association of Chain Manufacturers Welded Steel Chain Specifications, November 15,
1999.4
(3) Webbing ............................................ Web Sling and Tiedown Associations Recommended Standard Specification for Synthetic Web
Tiedowns, WSTDAT1, 1998.4
(4) Wire rope 3 ........................................ Wire Rope Technical Boards Wire Rope Users Manual, 2nd Edition, November 1985.4
(5) Cordage ............................................ Cordage Institute rope standard:
(i) PETRS2, Polyester Fiber Rope, three-Strand and eight-Strand Constructions, January 1993; 4
(ii) PPRS2, Polypropylene Fiber Rope, three-Strand and eight-Strand Constructions, August
1992; 4
(iii) CRS1, Polyester/Polypropylene Composite Rope Specifications, three-Strand and eight-
Strand Standard Construction, May 1979; 4
(iv) NRS1, Nylon Rope Specifications, three-Strand and eight-Strand Standard Construction,
May 1979; 4 and
An assembly component of . . . Must conform to . . .
(v) C1, Double Braided Nylon Rope Specifications DBN, January 1984.4
1 Steel strapping not marked by the manufacturer with a working load limit will be considered to have a working load limit equal to one-fourth of
the breaking strength listed in ASTM D395397.
2 Steel strapping 25.4 mm (1 inch) or wider must have at least two pairs of crimps in each seal and, when an end-over-end lap joint is formed,
must be sealed with at least two seals.
3 Wire rope which is not marked by the manufacturer with a working load limit shall be considered to have a working load limit equal to one-
fourth of the nominal strength listed in the manual.
4 See 393.7 for information on the incorporation by reference and availability of this document.
(f) Use of tiedowns. (1) Tiedowns and strength, dunnage or dunnage bags, markings or by using the tables in this
securing devices must not contain shoring bars, tiedowns or a combination section. The working load limits listed
knots. of these. in the tables are to be used when the
(2) If a tiedown is repaired, it must be (c) Cargo placement and restraint. (1) tiedown material is not marked by the
repaired in accordance with the Articles of cargo that are likely to roll manufacturer with the working load
applicable standards in paragraph (e) of must be restrained by chocks, wedges, a limit. Tiedown materials which are
this section, or the manufacturers cradle or other equivalent means to marked by the manufacturer with
instructions. prevent rolling. The means of working load limits that differ from the
(3) Each tiedown must be attached preventing rolling must not be capable tables, shall be considered to have a
and secured in a manner that prevents of becoming unintentionally unfastened working load limit equal to the value for
it from becoming loose, unfastening, or loose while the vehicle is in transit. which they are marked.
opening or releasing while the vehicle is (2) Articles or cargo placed beside (c) Synthetic cordage (e.g., nylon,
in transit. each other and secured by transverse polypropylene, polyester) which is not
(4) All tiedowns and other tiedowns must either: marked or labeled to enable
components of a cargo securement (i) Be placed in direct contact with identification of its composition or
system used to secure loads on a trailer each other, or working load limit shall be considered
equipped with rub rails, must be located (ii) Be prevented from shifting to have a working load limit equal to
inboard of the rub rails whenever towards each other while in transit. that for polypropylene fiber rope.
practicable. (d) Minimum strength of cargo
(5) Edge protection must be used securement devices and systems. The (d) Welded steel chain which is not
whenever a tiedown would be subject to aggregate working load limit of any marked or labeled to enable
abrasion or cutting at the point where it securement system used to secure an identification of its grade or working
touches an article of cargo. The edge article or group of articles against load limit shall be considered to have a
protection must resist abrasion, cutting movement must be at least one-half working load limit equal to that for
and crushing. times the weight of the article or group grade 30 proof coil chain.
of articles. The aggregate working load (e)(1) Wire rope which is not marked
393.106 What are the general limit is the sum of: by the manufacturer with a working
requirements for securing articles of cargo?
(1) One-half of the working load limit load limit shall be considered to have a
(a) Applicability. The rules in this of each associated connector or working load limit equal to one-fourth
section are applicable to the attachment mechanism used to secure a of the nominal strength listed in the
transportation of all types of articles of part of the article of cargo to the vehicle; Wire Rope Users Manual.
cargo, except commodities in bulk that and (2) Wire which is not marked or
lack structure or fixed shape (e.g., (2) One-half of the working load limit labeled to enable identification of its
liquids, gases, grain, liquid concrete, for each end section of a tiedown that construction type shall be considered to
sand, gravel, aggregates) and are is attached to an anchor point. have a working load limit equal to that
transported in a tank, hopper, box or
for 6 37, fiber core wire rope.
similar device that forms part of the 393.108 How is the working load limit of
structure of a commercial motor vehicle. a tiedown determined? (f) Manila rope which is not marked
The rules in this section apply to the (a) The working load limit (WLL) of by the manufacturer with a working
cargo types covered by the commodity- a tiedown, associated connector or load limit shall be considered to have a
specific rules of 393.122 through attachment mechanism is the lowest working load limit based on its diameter
393.142. The commodity-specific rules working load limit of any of its as provided in the tables of working
take precedence over the general components (including tensioner), or load limits.
requirements of this section when the working load limit of the anchor (g) Friction mats which are not
additional requirements are given for a points to which it is attached, marked or rated by the manufacturer
commodity listed in those sections. whichever is less. shall be considered to provide
(b) General. Cargo must be firmly (b) The working load limits of resistance to horizontal movement equal
immobilized or secured on or within a tiedowns may be determined by using to 50 percent of the weight placed on
vehicle by structures of adequate either the tiedown manufacturers the mat.
TABLES TO 393.108
[Working Load Limits (WLL), Chain]
WLL in kg (pounds)
Size mm (inches) Grade 30 proof Grade 43 high Grade 70 trans- Grade 80 alloy Grade 100 alloy
coil test port
1. 7 (1/4) .......................................................... 580 (1,300) 1,180 (2,600) 1,430 (3,150) 1,570 (3,500) 1,950 (4,300)
2. 8 (5/16) ........................................................ 860 (1,900) 1,770 (3,900) 2,130 (4,700) 2,000 (4,500) 2,600 (5,700)
3. 10 (3/8) ........................................................ 1,200 (2,650) 2,450 (5,400) 2,990 (6,600) 3,200 (7,100) 4,000 (8,800)
4. 11 (7/16) ...................................................... 1,680 (3,700) 3,270 (7,200) 3,970 (8,750)
5. 13 (1/2) ........................................................ 2,030 (4,500) 4,170 (9,200) 5,130 (11,300) 5,400 (12,000) 6,800 (15,000)
6. 16 (5/8) ........................................................ 3,130 (6,900) 5,910 (13,000) 7,170 (15,800) 8,200 (18,100) 10,300 (22,600)
Chain Mark Examples:
Example 1 ................................................. 3 4 7 8 10
Example 2 ................................................. 30 43 70 80 100
Example 3 ................................................. 300 430 700 800 1000
SYNTHETIC WEBBING POLYESTER FIBER ROPE WLL (3- 393.110 What else do I have to do to
determine the minimum number of
STRAND AND 8-STRAND CONSTRUC-
Width mm (inches) WLL kg (pounds) tiedowns?
TIONS)
(a) In addition to the requirements of
45 (134) ............................ 790 (1,750) Diameter mm (inches) WLL kg (pounds)
393.106, the minimum number of
50 (2) ................................ 910 (2,000) tiedowns required to secure an article or
75 (3) ................................ 1,360 (3,000) 10 (3/8) ............................. 250 (555) group of articles against movement
100 (4) .............................. 1,810 (4,000) 11 (7/16) ........................... 340 (750) depends on the length of the article(s)
13 (1/2) ............................. 440 (960) being secured, and the requirements of
16 (5/8) ............................. 680 (1,500) paragraphs (b) and (c) of this section.
WIRE ROPE (6 X 37, FIBER CORE) (b) When an article is not blocked or
20 (3/4) ............................. 850 (1,880)
25 (1) ................................ 1,500 (3,300) positioned to prevent movement in the
Diameter mm (inches) WLL kg (pounds) forward direction by a headerboard,
7 (1/4) ............................... 640 (1,400)
bulkhead, other cargo that is positioned
NYLON ROPE to prevent movement, or other
8 (5/16) ............................. 950 (2,100)
10 (3/8) ............................. 1,360 (3,000)
appropriate blocking devices, it must be
Diameter mm (inches) WLL kg (pounds) secured by at least:
11 (7/16) ........................... 1,860 (4,100)
13 (1/2) ............................. 2,400 (5,300)
(1) One tiedown for articles 5 feet
10 (3/8) ............................. 130 (278) (1.52 meters) or less in length, and 1,100
16 (5/8) ............................. 3,770 (8,300) 11 (7/16) ........................... 190 (410)
20 (3/4) ............................. 4,940 (10,900) pounds (500 kg) or less in weight;
13 (1/2) ............................. 240 (525) (2) Two tiedowns if the article is:
22 (7/8) ............................. 7,300 (16,100) 16 (5/8) ............................. 420 (935)
25 (1) ................................ 9,480 (20,900)
(i) 5 feet (1.52 meters) or less in length
20 (3/4) ............................. 640 (1,420) and more than 1,100 pounds (500 kg) in
25 (1) ................................ 1,140 (2,520) weight; or
MANILA ROPE (ii) Longer than 5 feet (1.52 meters)
DOUBLE BRAIDED NYLON ROPE but less than or equal to 10 feet (3.04
Diameter mm (inches) WLL kg (pounds) meters) in length, irrespective of the
Diameter mm (inches) WLL kg (pounds) weight.
10 (3/8) ............................. 90 (205) (3) Two tiedowns if the article is
11 (7/16) ........................... 120 (265) 10 (3/8) ............................. 150 (336) longer than 10 feet (3.04 meters), and
13 (1/2) ............................. 150 (315) 11 (7/16) ........................... 230 (502) one additional tiedown for every 10 feet
16 (5/8) ............................. 210 (465) 13 (1/2) ............................. 300 (655) (3.04 meters) of article length, or
20 (3/4) ............................. 290 (640) 16 (5/8) ............................. 510 (1,130) fraction thereof, beyond the first 10 feet
25 (1) ................................ 480 (1,050) 20 (3/4) ............................. 830 (1,840) (3.04 meters) of length.
25 (1) ................................ 1,470 (3,250) (c) If an individual article is required
to be blocked, braced or immobilized to
POLYPROPYLENE FIBER ROPE WLL (3- prevent movement in the forward
STRAND AND 8-STRAND CONSTRUC- STEEL STRAPPING direction by a headerboard, bulkhead,
TIONS) other articles which are adequately
Width x thickness mm secured or by an appropriate blocking or
WLL kg (pounds)
Diameter mm (inches) WLL kg (pounds) (inches)
immobilization method, it must be
31.7 x .74 (1 1/4 x 0.029) 540 (1,190) secured by at least one tiedown for
10 (3/8) ............................. 180 (400)
31.7 x .79 (114 x 0.031) ... 540 (1,190) every 3.04 meters (10 feet) or article
11 (7/16) ........................... 240 (525)
31.7 x .89 (114 x 0.035) ... 540 (1,190) length, or fraction thereof.
13 (1/2) ............................. 280 (625)
31.7 x 1.12 (114 x 0.044) 770 (1,690) (d) Special rule for special purpose
16 (5/8) ............................. 420 (925)
31.7 x 1.27 (114 x 0.05) ... 770 (1,690) vehicles. The rules in this section do not
20 (3/4) ............................. 580 (1,275)
25 (1) ................................ 950 (2,100) 31.7 x 1.5 (114 x 0.057) ... 870 (1,925) apply to a vehicle transporting one or
50.8 x 1.12 (2 x 0.044) ..... 1,200 (2,650) more articles of cargo such as, but not
50.8 x 1.27 (2 x 0.05) ....... 1,200 (2,650) limited to, machinery or fabricated
structural items (e.g., steel or concrete
beams, crane booms, girders, and
trusses, etc.) which, because of their per second, per second. The front end stakes, bunks, bolsters, or standards. If
design, size, shape, or weight, must be structure must have no aperture large one end does not actually touch a stake,
fastened by special methods. However, enough to permit any article of cargo in it must rest on other logs in a stable
any article of cargo carried on that contact with the structure to pass manner and must extend beyond the
vehicle must be securely and adequately through it. stake, bunk, bolster or standard.
fastened to the vehicle. (e) Substitute devices. The (3) The center of the highest outside
requirements of this section may be met log on each side or end must be below
393.112 Must a tiedown be adjustable? by the use of devices performing the the top of each stake, bunk or standard.
Each tiedown, or its associated same functions as a front end structure, (4) Each log that is not held in place
connectors, or its attachment if the devices are at least as strong as, by contact with other logs or the stakes,
mechanisms must be designed, and provide protection against shifting bunks, or standards must be held in
constructed, and maintained so the articles of cargo at least equal to, a front place by a tiedown. Additional
driver of an in-transit commercial motor end structure which conforms to those tiedowns or securement devices must be
vehicle can tighten them. However, this requirements. used when the condition of the wood
requirement does not apply to the use results in such low friction between logs
Specific Securement Requirements by
of steel strapping. that they are likely to slip upon each
Commodity Type
other.
393.114 What are the requirements for (d) Securement of shortwood logs
393. 116 What are the rules for securing
front end structures used as part of a cargo
securement system?
logs? loaded crosswise on frame, rail and
(a) Applicability. The rules in this flatbed vehicles. In addition to the
(a) Applicability. The rules in this requirements of paragraphs (b) and (c) of
section are applicable to the
section are applicable to commercial this section, each stack of logs loaded
transportation of logs with the following
motor vehicles transporting articles of crosswise must meet the following
exceptions:
cargo that are in contact with the front (1) Logs that are unitized by banding rules:
end structure of the vehicle. The front or other comparable means may be (1) In no case may the end of a log in
end structure on these cargo-carrying transported in accordance with the the lower tier extend more than one-
vehicles must meet the performance general cargo securement rules of third of the logs total length beyond the
requirements of this section. 393.100 through 393.114. nearest supporting structure on the
(b) Height and width. (1) The front (2) Loads that consist of no more than vehicle.
end structure must extend either to a four processed logs may be transported (2) When only one stack of shortwood
height of 4 feet above the floor of the in accordance with the general cargo is loaded crosswise, it must be secured
vehicle or to a height at which it blocks securement rules of 393.100 through with at least two tiedowns. The
forward movement of any item of article 393.114. tiedowns must attach to the vehicle
of cargo being carried on the vehicle, (3) Firewood, stumps, log debris and frame at the front and rear of the load,
whichever is lower. other such short logs must be and must cross the load in this
(2) The front end structure must have transported in a vehicle or container direction.
a width which is at least equal to the enclosed on both sides, front, and rear (3) When two tiedowns are used, they
width of the vehicle or which blocks and of adequate strength to contain must be positioned at approximately
forward movement of any article of them. Longer logs may also be so one-third and two-thirds of the length of
cargo being transported on the vehicle, loaded. the logs.
whichever is narrower. (b) Components of a securement (4) A vehicle that is more than 10
(c) Strength. The front end structure system. (1) Logs must be transported on meters (33 feet) long must be equipped
must be capable of withstanding the a vehicle designed and built, or adapted, with center stakes, or comparable
following horizontal forward static load: for the transportation of logs. Any such devices, to divide it into sections
(1) For a front end structure less than vehicle must be fitted with bunks, approximately equal in length. Where a
6 feet in height, a horizontal forward bolsters, stakes or standards, or other vehicle is so divided, each tiedown
static load equal to one-half (0.5) of the equivalent means, that cradle the logs must secure the highest log on each side
weight of the articles of cargo being and prevent them from rolling. of the center stake, and must be fastened
transported on the vehicle uniformly (2) All vehicle components involved below these logs. It may be fixed at each
distributed over the entire portion of the in securement of logs must be designed end and tensioned from the middle, or
front end structure that is within 4 feet and built to withstand all anticipated fixed in the middle and tensioned from
above the vehicles floor or that is at or operational forces without failure, each end, or it may pass through a
below a height above the vehicles floor accidental release or permanent pulley or equivalent device in the
at which it blocks forward movement of deformation. Stakes or standards that middle and be tensioned from one end.
any article of the vehicles cargo, are not permanently attached to the (5) Any structure or stake that is
whichever is less; or vehicle must be secured in a manner subjected to an upward force when the
(2) For a front end structure 6 feet in that prevents unintentional separation tiedowns are tensioned must be
height or higher, a horizontal forward from the vehicle in transit. anchored to resist that force.
static load equal to four-tenths (0.4) of (3) Tiedowns must be used in (6) If two stacks of shortwood are
the weight of the articles of cargo being combination with the stabilization loaded side-by-side, in addition to
transported on the vehicle uniformly provided by bunks, stakes and bolsters meeting the requirements of paragraphs
distributed over the entire front end to secure the load. (d)(1) through (d)(5) of this section, they
structure. (c) Use of securement system. (1) Logs must be loaded so that:
(d) Penetration resistance. The front must be solidly packed, and the outer (i) There is no space between the two
end structure must be designed, bottom logs must be in contact with and stacks of logs;
constructed, and maintained so that it is resting solidly against the bunks, (ii) The outside of each stack is raised
capable of resisting penetration by any bolsters, stakes or standards. at least 2.5 cm (1 in) within 10 cm (4
article of cargo that contacts it when the (2) Each outside log on the side of a in) of the end of the logs or the side of
vehicle decelerates at a rate of 20 feet stack of logs must touch at least two the vehicle;
(iii) The highest log is no more than (2) Restrained from lateral movement the eye of the coil, to the right side of
2.44 m (8 ft) above the deck; and by blocking or high friction devices the vehicle or intermodal container
(iv) At least one tiedown is used between tiers and secured by tiedowns (near the rearmost part of the coil);
lengthwise across each stack of logs. laid out over the top tier, as outlined in (ii) At least one tiedown attached
(e) Securement of logs loaded the general provisions of 393.100 diagonally from the right side of the
lengthwise on flatbed and frame through 393.114; or vehicle or intermodal container (near
vehicles. In addition to meeting the (3) Placed directly on top of other the forwardmost part of the coil), across
requirements of paragraphs (b) and (c) of bundles or on spacers and secured in the eye of the coil, to the left side of the
this section, each stack of shortwood accordance with the following: vehicle or intermodal container (near
loaded lengthwise on a frame vehicle or (i) The length of spacers between the rearmost part of the coil);
on a flatbed must be secured to the bundles must provide support to all (iii) At least one tiedown attached
vehicle by at least two tiedowns. pieces in the bottom row of the bundle. transversely over the eye of the coil; and
(f) Securement of logs transported on (ii) The width of individual spacers (iv) Either blocking and bracing,
pole trailers. (1) The load must be must be equal to or greater than the friction mats or tiedowns must be used
secured by at least one tiedown at each height. to prevent longitudinal movement in the
bunk, or alternatively, by at least two (iii) If spacers are comprised of layers forward direction.
tiedowns used as wrappers that encircle of material, the layers must be unitized (2) Coils grouped in rows. When coils
the entire load at locations along the or fastened together in a manner which are grouped and loaded side by side in
load that provide effective securement. ensures that the spacer performs as a a transverse or longitudinal row, the
(2) The front and rear wrappers must single piece of material. each row of coils must be secured by the
be at least 3.04 meters (10 feet) apart. (iv) The arrangement of the tiedowns following:
(3) Large diameter single and double for the bundles must be: (i) At least one tiedown attached to
log loads must be immobilized with (A) Secured by tiedowns over the top the front of the row of coils, restraining
chock blocks or other equivalent means tier of bundles, in accordance with the against forward motion, and whenever
to prevent shifting. general provisions of 393.100 through practicable, making an angle no more
(4) Large diameter logs that rise above 393.114 with a minimum of two than 45 degrees with the floor of the
bunks must be secured to the tiedowns for bundles longer than 1.52 vehicle or intermodal container when
underlying load with at least two meters (5 ft); and viewed from the side of the vehicle or
additional wrappers. (B) Secured by tiedowns in container;
accordance with the general provisions (ii) At least one tiedown attached to
393.118 What are the rules for securing of 393.100 through 393.114 over the the rear of the row of coils, restraining
dressed lumber or similar building second tier or over a middle tier of a against rearward motion, and whenever
products? practicable, making an angle no more
maximum height of 1.85 meters (6 ft)
(a) Applicability. The rules in this above the trailer deck, whichever is than 45 degrees with the floor of the
section apply to the transportation of greater, for each stack of bundles vehicle or intermodal container when
bundles of dressed lumber, packaged composed of more than two tiers; or viewed from the side of the vehicle or
lumber, building products such as (4) Secured by tiedowns over each tier container;
plywood, gypsum board or other of bundles, in accordance with (iii) At least one tiedown over the top
materials of similar shape. Lumber or 393.100 through 393.114 using a of each coil or transverse row of coils,
building products which are not minimum of two tiedowns over each of restraining against vertical motion.
bundled or packaged must be treated as the top bundles longer than 1.52 meters Tiedowns going over the top of a coil(s)
loose items and transported in (5 ft), in all circumstances. must be as close as practicable to the
accordance with 393.100 through eye of the coil and positioned to prevent
393.114 of this subpart. For the purpose 393.120 What are the rules for securing the tiedown from slipping or becoming
of this section, bundle refers to metal coils? unintentionally unfastened while the
packages of lumber, building materials (a) Applicability. The rules in this vehicle is in transit; and
or similar products which are unitized section apply to the transportation of (iv) Tiedowns must be arranged to
for securement as a single article of one or more metal coils which, prevent shifting or tipping in the
cargo. individually or grouped together, weigh forward, rearward and lateral directions.
(b) Positioning of bundles. Bundles 2268 kg (5000 pounds) or more. (c) Securement of coils transported
must be placed side by side in direct Shipments of metal coils that weigh less with eyes crosswise on a flatbed vehicle,
contact with each other, or a means than 2268 kg (5000 pounds) may be in a sided vehicle or intermodal
must be provided to prevent bundles secured in accordance with the container with anchor points(1) An
from shifting towards each other. provisions of 393.100 through individual coil. Each coil must be
(c) Securement of bundles transported 393.114. secured by the following:
using no more than one tier. Bundles (b) Securement of coils transported (i) A means (e.g., timbers, chocks or
carried on one tier must be secured in with eyes vertical on a flatbed vehicle, wedges, a cradle, etc.) to prevent the
accordance with the general provisions in a sided vehicle or intermodal coil from rolling. The means of
of 393.100 through 393.114. container with anchor points(1) An preventing rolling must support the coil
(d) Securement of bundles individual coil. Each coil must be off the deck, and must not be capable of
transported using more than one tier. secured by tiedowns arranged in a becoming unintentionally unfastened or
Bundles carried in more than one tier manner to prevent the coils from tipping loose while the vehicle is in transit. If
must be either: in the forward, rearward, and lateral timbers, chocks or wedges are used,
(1) Blocked against lateral movement directions. The restraint system must they must be held in place by coil bunks
by stakes on the sides of the vehicle and include the following: or similar devices to prevent them from
secured by tiedowns laid out over the (i) At least one tiedown attached coming loose. The use of nailed
top tier, as outlined in the general diagonally from the left side of the blocking or cleats as the sole means to
provisions of 393.100 through vehicle or intermodal container (near secure timbers, chocks or wedges, or a
393.114; or the forwardmost part of the coil), across nailed wood cradle, is prohibited;
(ii) At least one tiedown through its (2) An individual coiloption 2. Each (4) Rows of coils. Each transverse row
eye, restricting against forward motion, coil must be secured by: of coils having approximately equal
and whenever practicable, making an (i) A means (e.g., timbers, chocks or outside diameters must be secured with:
angle no more than 45 degrees with the wedges, a cradle, etc.) to prevent the (i) A means (e.g., timbers, chocks or
floor of the vehicle or intermodal coil from rolling. The means of wedges, a cradle, etc.) to prevent each
container when viewed from the side of preventing rolling must support the coil coil in the row of coils from rolling. The
the vehicle or container; and off the deck, and must not be capable of means of preventing rolling must
(iii) At least one tiedown through its becoming unintentionally unfastened or support each coil off the deck, and must
eye, restricting against rearward motion, loose while the vehicle is in transit. If not be capable of becoming
and whenever practicable, making an timbers, chocks or wedges are used, unintentionally unfastened or loose
angle no more than 45 degrees with the they must be held in place by coil bunks while the vehicle is in transit. If timbers,
floor of the vehicle or intermodal or similar devices to prevent them from chocks or wedges are used, they must be
container when viewed from the side of coming loose. The use of nailed held in place by coil bunks or similar
the vehicle or container. blocking or cleats as the sole means to devices to prevent them from coming
(2) Prohibition on crossing of secure timbers, chocks or wedges, or a loose. The use of nailed blocking or
tiedowns when coils are transported nailed wood cradle, is prohibited; cleats as the sole means to secure
with eyes crosswise. Attaching tiedowns (ii) At least one tiedown attached timbers, chocks or wedges, or a nailed
diagonally through the eye of a coil to straight through its eye from the left side wood cradle, is prohibited;
form an X-pattern when viewed from of the vehicle or intermodal container (ii) At least one tiedown over the top
above the vehicle is prohibited. (near the forward-most part of the coil), of each coil or transverse row, located
(d) Securement of coils transported to the left side of the vehicle or near the forward-most part of the coil;
with eyes lengthwise on a flatbed intermodal container (near the rearmost (iii) At least one tiedown over the top
vehicle, in a sided vehicle or intermodal part of the coil), and, whenever of each coil or transverse row, located
container with anchor points(1) An practicable, making an angle no more near the rearmost part of the coil; and
individual coil-option 1. Each coil must than 45 degrees with the floor of the (iv) Either blocking, bracing or friction
be secured by: vehicle or intermodal container when mats to prevent longitudinal movement.
(i) A means (e.g., timbers, chocks or viewed from the side of the vehicle or (e) Securement of coils transported in
wedges, a cradle, etc.) to prevent the container; a sided vehicle without anchor points or
coil from rolling. The means of (iii) At least one tiedown attached an intermodal container without anchor
preventing rolling must support the coil straight through its eye, from the right points. Metal coils transported in a
off the deck, and must not be capable of side of the vehicle or intermodal vehicle with sides without anchor
becoming unintentionally unfastened or container (near the forward-most part of points or an intermodal container
loose while the vehicle is in transit. If the coil), to the right side of the vehicle without anchor points must be loaded
timbers, chocks or wedges are used, or intermodal container (near the in a manner to prevent shifting and
they must be held in place by coil bunks rearmost part of the coil), and whenever tipping. The coils may also be secured
or similar devices to prevent them from practicable, making an angle no more using a system of blocking and bracing,
coming loose. The use of nailed than 45 degrees with the floor of the friction mats, tiedowns, or a
blocking or cleats as the sole means to vehicle or intermodal container when combination of these to prevent any
secure timbers, chocks or wedges, or a viewed from the side of the vehicle or horizontal movement and tipping.
nailed wood cradle, is prohibited; container;
(iv) At least one tiedown attached 393.122 What are the rules for securing
(ii) At least one tiedown attached paper rolls?
transversely over the top of the coil; and
diagonally through its eye from the left (a) Applicability. The rules in this
(v) Either blocking or friction mats to
side of the vehicle or intermodal section apply to shipments of paper
prevent longitudinal movement.
container (near the forward-most part of (3) An individual coiloption 3. Each rolls which, individually or together,
the coil), to the right side of the vehicle coil must be secured by: weigh 2268 kg (5000 lb) or more.
or intermodal container (near the (i) A means (e.g., timbers, chocks or Shipments of paper rolls that weigh less
rearmost part of the coil), making an wedges, a cradle, etc.) to prevent the than 2268 kg (5000 lb), and paper rolls
angle no more than 45 degrees, coil from rolling. The means of that are unitized on a pallet, may either
whenever practicable, with the floor of preventing rolling must support the coil be secured in accordance with the rules
the vehicle or intermodal container off the deck, and must not be capable of in this section or the requirements of
when viewed from the side of the becoming unintentionally unfastened or 393.100 through 393.114.
vehicle or container; loose while the vehicle is in transit. If (b) Securement of paper rolls
(iii) At least one tiedown attached timbers, chocks or wedges are used, transported with eyes vertical in a sided
diagonally through its eye, from the they must be held in place by coil bunks vehicle. (1) Paper rolls must be placed
right side of the vehicle or intermodal or similar devices to prevent them from tightly against the walls of the vehicle,
container (near the forward-most part of coming loose. The use of nailed other paper rolls, or other cargo, to
the coil), to the left side of the vehicle blocking or cleats as the sole means to prevent movement during transit.
or intermodal container (near the secure timbers, chocks or wedges, or a (2) If there are not enough paper rolls
rearmost part of the coil), making an nailed wood cradle, is prohibited; in the shipment to reach the walls of the
angle no more than 45 degrees, (ii) At least one tiedown over the top vehicle, lateral movement must be
whenever practicable, with the floor of of the coil, located near the forward- prevented by filling the void, blocking,
the vehicle or intermodal container most part of the coil; bracing, tiedowns or friction mats. The
when viewed from the side of the (iii) At least one tiedown over the top paper rolls may also be banded together.
vehicle or container; of the coil located near the rearmost part (3) When any void behind a group of
(iv) At least one tiedown attached of the coil; and paper rolls, including that at the rear of
transversely over the top of the coil; and (iv) Either blocking or friction mats to the vehicle, exceeds the diameter of the
(v) Either blocking, or friction mats to prevent longitudinal movement.he paper rolls, rearward movement must be
prevent longitudinal movement. forward direction. prevented by friction mats, blocking,
bracing, tiedowns, or banding to other (4) A roll in the rearmost row of any (2) Each roll must be prevented from
rolls. layer must not be raised using dunnage. rearward movement by contact with
(4)(i) If a paper roll is not prevented (e) Securement of paper rolls other cargo, blocking, friction mats or
from tipping or falling sideways or transported with eyes crosswise in a tiedowns.
rearwards by vehicle structure or other sided vehicle. (1) The paper rolls must (3) The paper rolls must be prevented
cargo, and its width is more than 2 be prevented from rolling or shifting from rolling or shifting laterally by
times its diameter, it must be prevented longitudinally by contact with vehicle contact with the wall of the vehicle or
from tipping or falling by banding it to structure or other cargo, by chocks, other cargo, or by chocks, wedges or
other rolls, bracing, or tiedowns. wedges or blocking and bracing of blocking of adequate size.
(ii) If the forwardmost roll(s) in a adequate size, or by tiedowns. (4) Chocks, wedges or blocking must
group of paper rolls is not prevented (2) Chocks, wedges or blocking must be held securely in place by some
from tipping or falling forwards by be held securely in place by some means in addition to friction, so they
vehicle structure or other cargo and it is means in addition to friction, so they cannot become unintentionally
restrained against forward movement by cannot become unintentionally unfastened or loose while the vehicle is
friction mat(s) alone, and its width is unfastened or loose while the vehicle is in transit.
more than 1.75 times its diameter, it in transit. (h) Securement of stacked loads of
must be prevented from tipping or (3) The rearmost roll must not be paper rolls transported with the eyes
falling forwards by banding it to other secured using the rear doors of the lengthwise in a sided vehicle. (1) Rolls
rolls, bracing, or tiedowns. vehicle or intermodal container, or by must not be loaded in a higher layer if
(iii) Otherwise, when a paper roll or blocking held in place by those doors. another roll will fit in the layer beneath.
the forwardmost roll in groups of rolls (4) If there is more than a total of 203 (2) An upper layer must be formed by
that are not prevented from tipping or mm (8 in) of space between the ends of placing paper rolls in the wells formed
falling forwards by vehicle structure or a paper roll, or a row of rolls, and the by the rolls beneath.
other cargo and its width exceeds 1.25 walls of the vehicle, void fillers, (3) A roll in an upper layer must be
times its diameter it must be prevented blocking, bracing, friction mats, or secured against forward and rearward
from tipping or falling by banding it to tiedowns must be used to prevent the movement by any of the means allowed
other rolls, bracing or tiedowns. roll from shifting towards either wall. for the bottom layer, by use of a
(5) If paper rolls are banded together, (f) Securement of stacked loads of blocking roll, or by banding to other
the rolls must be placed tightly against paper rolls transported with eyes rolls.
each other to form a stable group. The crosswise in a sided vehicle. (1) Rolls (i) Securement of paper rolls
bands must be applied tightly, and must must not be loaded in a second layer transported on a flatbed vehicle or in a
be secured so that they cannot fall off unless the bottom layer extends to the curtain-sided vehicle(1) Paper rolls
the rolls or to the deck. front of the vehicle. with eyes vertical or with eyes
(6) A friction mat used to provide the (2) Rolls must not be loaded in a third lengthwise.
principal securement for a paper roll or higher layer unless all wells in the (i) The paper rolls must be loaded and
must protrude from beneath the roll in layer beneath are filled. secured as described for a sided vehicle,
the direction in which it is providing (3) The foremost roll in each upper and the entire load must be secured by
that securement. layer, or any roll with an empty well in tiedowns in accordance with the
(c) Securement of split loads of paper front of it, must be secured against requirements of 393.100 through
rolls transported with eyes vertical in a forward movement by: 393.114.
sided vehicle. (1) If a paper roll in a split (i) Banding it to other rolls, or (ii) Stacked loads of paper rolls with
load is not prevented from forward (ii) Blocking against an adequately eyes vertical are prohibited.
movement by vehicle structure or other secured eye-vertical blocking roll resting (2) Paper rolls with eyes crosswise. (i)
cargo, it must be prevented from on the floor of the vehicle which is at The paper rolls must be prevented from
forward movement by filling the open least 1.5 times taller than the diameter rolling or shifting longitudinally by
space, or by blocking, bracing, tiedowns, of the roll being blocked, or contact with vehicle structure or other
friction mats, or some combination of (iii) Placing it in a well formed by two cargo, by chocks, wedges or blocking
these. rolls on the lower row whose diameter and bracing of adequate size, or by
(2) A friction mat used to provide the is equal to or greater than that of the roll tiedowns.
principal securement for a paper roll on the upper row. (ii) Chocks, wedges or blocking must
must protrude from beneath the roll in (4) The rearmost roll in each upper be held securely in place by some
the direction in which it is providing layer must be secured by banding it to means in addition to friction so that
that securement. other rolls if it is located in either of the they cannot become unintentionally
(d) Securement of stacked loads of last two wells formed by the rearmost unfastened or loose while the vehicle is
paper rolls transported with eyes rolls in the layer below. in transit.
vertical in a sided vehicle. (1) Paper (5) Rolls must be secured against (iii) Tiedowns must be used in
rolls must not be loaded on a layer of lateral movement by the same means accordance with the requirements of
paper rolls beneath unless the lower allowed for the bottom layer when there 393.100 through 393.114 to prevent
layer extends to the front of the vehicle. is more than a total of 203 mm (8 in) of lateral movement.
(2) Paper rolls in the second and space between the ends of a paper roll,
subsequent layers must be prevented or a row of rolls, and the walls of the 393.124 What are the rules for securing
from forward, rearward or lateral vehicle. concrete pipe?
movement by means as allowed for the (g) Securement of paper rolls (a) Applicability. (1) The rules in this
bottom layer, or by use of a blocking roll transported with the eyes lengthwise in section apply to the transportation of
from a lower layer. a sided vehicle. concrete pipe on flatbed trailers and
(3) The blocking roll must be at least (1) Each roll must be prevented from vehicles, and lowboy trailers.
38 mm (1.5 in) taller than other rolls, or forward movement by contact with (2) Concrete pipe bundled tightly
must be raised at least 38 mm (1.5 in) vehicle structure, other cargo, blocking together into a single rigid article that
using dunnage. or tiedowns. has no tendency to roll, and concrete
pipe loaded in a sided vehicle or (vi) If the second tier is not complete, rear pipe of the upper tier or outside it
container must be secured in pipe in the bottom tier which do not and over both longitudinal tiedowns.
accordance with the provisions of support a pipe above must have their (f) Securing large pipe, with an inside
393.100 through 393.114. bells alternating on opposite sides of the diameter over 1143 mm (45 in). In
(b) General specifications for vehicle. addition to the requirements of
tiedowns. (1) The aggregate working (a) Securing pipe with an inside paragraphs (b), (c) and (d) of this
load limit of all tiedowns on any group diameter up to 1,143 mm (45 in). In section, the following rules must be
of pipes must not be less than half the addition to the requirements of satisfied:
total weight of all the pipes in the paragraphs (b), (c) and (d) of this (1) The front pipe and the rear pipe
group. section, the following rules must be must be immobilized by blocking,
(2) A transverse tiedown through a satisfied: wedges, vehicle end structure, stakes,
pipe on an upper tier or over (1) Stabilizing the bottom tier. (i) The locked pipe unloader, or other
longitudinal tiedowns is considered to bottom tier must be immobilized equivalent means.
secure all those pipes beneath on which longitudinally at each end by blocking, (2) Each pipe must be secured by
that tiedown causes pressure. vehicle end structure, stakes, a locked tiedowns through the pipe:
(c) Blocking. (1) Blocking may be one pipe unloader, or other equivalent (i) At least one tiedown through each
or more pieces placed symmetrically means. pipe in the front half of the load, which
about the center of a pipe. (ii) Other pipe in the bottom tier may includes the middle one if there is an
(2) One piece must extend at least half also be held in place by blocks and/or odd number, and must run rearward at
the distance from the center to each end wedges; and an angle not more than 45 degrees with
of the pipe, and two pieces must be (iii) Every pipe in the bottom tier
the horizontal, whenever practicable.
placed on the opposite side, one at each must also be held firmly in contact with
(ii) At least one tiedown through each
end of the pipe. the adjacent pipe by tiedowns though
pipe in the rear half of the load, and
(3) Blocking must be placed firmly the front and rear pipes:
(A) At least one tiedown through the must run forward at an angle not more
against the pipe, and must be secured to
front pipe of the bottom tier must run than 45 degrees with the horizontal,
prevent it moving out from under the
aft at an angle not more than 45 degrees whenever practicable, to hold each pipe
pipe.
(4) Timber blocking must have with the horizontal, whenever firmly in contact with adjacent pipe;
minimum dimensions of at least 10 15 practicable. and
cm (4 6 in). (B) At least one tiedown through the (iii) If the front or rear pipe is not also
(d) Arranging the load(1) Pipe of rear pipe of the bottom tier must run in contact with vehicle end structure,
different diameter. If pipe of more than forward at an angle not more than 45 stakes, a locked pipe unloader, or other
one diameter are loaded on a vehicle, degrees with the horizontal, whenever equivalent means, at least two tiedowns
groups must be formed that consist of practicable. positioned as described in paragraphs
pipe of only one size, and each group (2) Use of tiedowns. (i) Each pipe may (f)(2)(i) and (ii) of this section, must be
must be separately secured. be secured individually with tiedowns used through that pipe.
(2) Arranging a bottom tier. The through the pipe. (3) If only one pipe is transported, or
bottom tier must be arranged to cover (ii) If each pipe is not secured if several pipes are transported without
the full length of the vehicle, or as a individually with a tiedown, then: contact between other pipes, the
partial tier in one group or two groups. (A) Either one 1/2-inch diameter requirements in this paragraph apply to
(3) Arranging an upper tier. Pipe must chain or wire rope, or two 3/8-inch each pipe as a single front and rear
be placed only in the wells formed by diameter chain or wire rope, must be article.
adjacent pipes in the tier beneath. A placed longitudinally over the group of
third or higher tier must not be started pipes;
intermodal containers?
unless all wells in the tier beneath are (B) One transverse tiedown must be
filled. used for every 3.04 m (10 ft) of load (a) Applicability. The rules in this
(4) Arranging the top tier. The top tier length. The transverse tiedowns may be section apply to the transportation of
must be arranged as a complete tier, a placed through a pipe, or over both intermodal containers. Cargo contained
partial tier in one group, or a partial tier longitudinal tiedowns between two within an intermodal container must be
in two groups. pipes on the top tier. secured in accordance with the
(5) Arranging bell pipe. (i) Bell pipe (C) If the first pipe of a group in the provisions of 393.100 through
must be loaded on at least two top tier is not placed in the first well 393.114 or, if applicable, the commodity
longitudinal spacers of sufficient height formed by pipes at the front of the tier specific rules of this part.
to ensure that the bell is clear of the beneath, it must be secured by an (b) Securement of intermodal
deck. additional tiedown that runs rearward at containers transported on container
(ii) Bell pipe loaded in one tier must an angle not more than 45 degrees to the chassis vehicle(s). (1) Each intermodal
have the bells alternating on opposite horizontal, whenever practicable. This container must be secured to the
sides of the vehicle. tiedown must pass either through the container chassis with securement
(iii) The ends of consecutive pipe front pipe of the upper tier, or outside devices or integral locking devices that
must be staggered, if possible, within it and over both longitudinal tiedowns; cannot unintentionally become
the allowable width, otherwise they and unfastened while the vehicle is in
must be aligned. (D) If the last pipe of a group in the transit.
(iv) Bell pipe loaded in more than one top tier is not placed in the last well (2) The securement devices must
tier must have the bells of the bottom formed by pipes at the rear of the tier restrain the container from moving more
tier all on the same side of the vehicle. beneath, it must be secured by an than 1.27 cm (1/2 in) forward, more
(v) Pipe in every upper tier must be additional tiedown that runs forward at than 1.27 cm (1/2 in) aft, more than 1.27
loaded with bells on the opposite side an angle not more than 45 degrees to the cm (1/2 in) to the right, more than 1.27
of the vehicle to the bells of the tier horizontal, whenever practicable. This cm (1/2 in) to the left, or more than 2.54
below. tiedown must pass either through the cm (1 in) vertically.
(3) The front and rear of the container rearward, and vertical movement using to secure flattened or crushed vehicles
must be secured independently. a minimum of two tiedowns. is prohibited.
(c) Securement of loaded intermodal (2) Tiedowns that are designed to be (c) Securement of flattened or crushed
containers transported on vehicles other affixed to the structure of the vehicles. Flattened or crushed vehicles
than container chassis vehicle(s). (1) All automobile, light truck, or van must use must be transported on vehicles which
lower corners of the intermodal the mounting points on those vehicles have:
container must rest upon the vehicle, or that have been specifically designed for (1) Containment walls or comparable
the corners must be supported by a that purpose. means on four sides which extend to the
structure capable of bearing the weight (3) Tiedowns that are designed to fit full height of the load and which block
of the container and that support over or around the wheels of an against movement of the cargo in the
structure must be independently automobile, light truck, or van must forward, rearward and lateral directions;
secured to the motor vehicle. provide restraint in the lateral, or
(2) Each container must be secured to longitudinal and vertical directions. (2)(i) Containment walls or
the vehicle by: (4) Edge protectors are not required comparable means on three sides which
(i) Chains, wire ropes or integral for synthetic webbing at points where extend to the full height of the load and
devices which are fixed to all lower the webbing comes in contact with the which block against movement of the
corners; or tires. cargo in the forward, rearward and the
(ii) Crossed chains which are fixed to lateral direction for which there is no
all upper corners; and, 393.130 What are the rules for securing
heavy vehicles, equipment and machinery? containment wall or comparable means,
(3) The front and rear of the container and
must be secured independently. Each (a) Applicability. The rules in this
(ii) A minimum of two tiedowns are
chain, wire rope, or integral locking section apply to the transportation of
required per vehicle stack; or
device must be attached to the container heavy vehicles, equipment and
(3)(i) Containment walls on two sides
in a manner that prevents it from being machinery which operate on wheels or
which extend to the full height of the
unintentionally unfastened while the tracks, such as front end loaders,
load and which block against movement
vehicle is in transit. bulldozers, tractors, and power shovels
of the cargo in the forward and rearward
(d) Securement of empty intermodal and which individually weigh 4,536 kg
directions, and
containers transported on vehicles other (10,000 lb.) or more. Vehicles,
equipment and machinery which is (ii) A minimum of three tiedowns are
than container chassis vehicle(s). Empty required per vehicle stack; or
intermodal containers transported on lighter than 4,536 kg (10,000 lb.) may
also be secured in accordance with the (4) A minimum of four tiedowns per
vehicles other than container chassis
provisions of this section, with vehicle stack.
vehicles do not have to have all lower
393.128, or in accordance with the (5) In addition to the requirements of
corners of the intermodal container
provisions of 393.100 through paragraphs (c)(2), (3), and (4), the
resting upon the vehicle, or have all
393.114. following rules must be satisfied:
lower corners supported by a structure
(b) Preparation of equipment being (i) Vehicles used to transport flattened
capable of bearing the weight of the
transported. (1) Accessory equipment, or crushed vehicles must be equipped
empty container, provided:
(1) The empty intermodal container is such as hydraulic shovels, must be with a means to prevent loose parts
balanced and positioned on the vehicle completely lowered and secured to the from falling from all four sides of the
in a manner such that the container is vehicle. vehicle which extends to the full height
stable before the addition of tiedowns or (2) Articulated vehicles shall be of the cargo.
other securement equipment; and, restrained in a manner that prevents (ii) The means used to contain loose
(2) The amount of overhang for the articulation while in transit. parts may consist of structural walls,
empty container on the trailer does not (c) Securement of heavy vehicles, sides or sideboards, or suitable covering
exceed five feet on either the front or equipment or machinery with crawler material, alone or in combinations.
rear of the trailer; tracks or wheels. (1) In addition to the (iii) The use of synthetic material for
(3) The empty intermodal container requirements of paragraph (b) of this containment of loose parts is permitted.
must not interfere with the vehicles section, heavy equipment or machinery 393.134 What are the rules for securing
maneuverability; and, with crawler tracks or wheels must be roll-on/roll-off or hook lift containers?
(4) The empty intermodal container is restrained against movement in the
(a) Applicability. The rules in this
secured to prevent lateral, longitudinal, lateral, forward, rearward, and vertical
section apply to the transportation of
or vertical shifting. direction using a minimum of four
roll-on/roll-off or hook lift containers.
tiedowns.
393.128 What are the rules for securing (2) Each of the tiedowns must be (b) Securement of a roll-on/roll-off
automobiles, light trucks and vans?
affixed as close as practicable to the and hook lift container. Each roll-on/
(a) Applicability. The rules in this front and rear of the vehicle, or roll-off and hook lift container carried
section apply to the transportation of mounting points on the vehicle that on a vehicle which is not equipped with
automobiles, light trucks, and vans have been specifically designed for that an integral securement system must be:
which individually weigh 4,536 kg. purpose. (1) Blocked against forward
(10,000 lb) or less. Vehicles which movement by the lifting device, stops, a
individually are heavier than 4,536 kg 393.132 What are the rules for securing combination of both or other suitable
(10,000 lb) must be secured in flattened or crushed vehicles? restraint mechanism;
accordance with the provisions of (a) Applicability. The rules in this (2) Secured to the front of the vehicle
393.130 of this part. section apply to the transportation of by the lifting device or other suitable
(b) Securement of automobiles, light vehicles such as automobiles, light restraint against lateral and vertical
trucks, and vans. trucks, and vans that have been movement;
(1) Automobiles, light trucks, and flattened or crushed. (3) Secured to the rear of the vehicle
vans must be restrained at both the front (b) Prohibition on the use of synthetic with at least one of the following
and rear to prevent lateral, forward, webbing. The use of synthetic webbing mechanisms:
(i) One tiedown attached to both the (3) Rock which has been formed or (2) The aggregate working load limit
vehicle chassis and the container cut to a shape and which provides a of the tiedowns must be at least half the
chassis; stable base for securement must also be weight of the boulder.
(ii) Two tiedowns installed secured, either in accordance with the (3) The tiedowns must be placed as
lengthwise, each securing one side of provisions of this section, or in closely as possible to the wood blocking
the container to one of the vehicles side accordance with the provisions of used to support the boulder.
rails; or 393.100 through 393.114. (e) Securement of a non-cubic shaped
(iii) Two hooks, or an equivalent (b) General requirements for the boulderwith a stable base. In addition
mechanism, securing both sides of the positioning of boulders on the vehicle. to the requirements of paragraphs (b)
container to the vehicle chassis at least (1) Each boulder must be placed with its and (c) of this section, the following
as effectively as the tiedowns in the two flattest and/or largest side down. rules must be satisfied:
previous items. (2) Each boulder must be supported (1) The boulder must be secured
(4) The mechanisms used to secure on at least two pieces of hard wood individually with at least two chain
blocking at least 10 cm 10 cm (4
the rear end of a roll-on/roll off or hook tiedowns forming an X pattern over
inches 4 inches) side dimensions
lift container must be installed no more the boulder.
extending the full width of the boulder.
than two meters (6 ft 7 in) from the rear (3) Hardwood blocking pieces must be (2) The aggregate working load limit
of the container. placed as symmetrically as possible of the tiedowns must be at least half the
(5) In the event that one or more of the under the boulder and should support at weight of the boulder.
front stops or lifting devices are missing, least three-fourths of the length of the (3) The tiedowns must pass over the
damaged or not compatible, additional boulder. center of the boulder and must be
manually installed tiedowns must be (4) If the flattest side of a boulder is attached to each other at the intersection
used to secure the container to the rounded or partially rounded, so that by a shackle or other connecting device.
vehicle, providing the same level of the boulder may roll, it must be placed (f) Securement of a non-cubic shaped
securement as the missing, damaged or in a crib made of hardwood timber fixed boulderwith an unstable base. In
incompatible components. to the deck of the vehicle so that the addition to the requirements of
boulder rests on both the deck and the paragraphs (b) and (c) of this section,
large boulders? timber, with at least three well- each boulder must be secured by a
separated points of contact that prevent combination of chain tiedowns as
(a) Applicability. (1) The rules in this follows:
its tendency to roll in any direction.
section are applicable to the (1) One chain must surround the top
(5) If a boulder is tapered, the
transportation of any large piece of of the boulder (at a point between one-
narrowest end must point towards the
natural, irregularly shaped rock half and two-thirds of its height). The
front of the vehicle.
weighing in excess of 5,000 kg (11,000 (c) General tiedown requirements. (1) working load limit of the chain must be
lb.) or with a volume in excess of 2 Only chain may be used as tiedowns to at least half the weight of the boulder.
cubic-meters on an open vehicle, or in secure large boulders. (2) Four chains must be attached to
a vehicle whose sides are not designed (2) Tiedowns which are in direct the surrounding chain and the vehicle
and rated to contain such cargo. contact with the boulder should, where to form a blocking mechanism which
(2) Pieces of rock weighing more than possible, be located in valleys or prevents any horizontal movement.
100 kg (220 lb.), but less than 5,000 kg notches across the top of the boulder, Each chain must have a working load
(11,000 lb.) must be secured, either in and must be arranged to prevent sliding limit of at least one-fourth the weight of
accordance with this section, or in across the rock surface. the boulder. Whenever practicable, the
accordance with the provisions of (d) Securement of a cubic shaped angle of the chains must not exceed 45
393.100 through 393.114, including: boulder. In addition to the requirements degrees from the horizontal.
(i) Rock contained within a vehicle of paragraphs (b) and (c) of this section,
which is designed to carry such cargo; Issued on: September 8, 2002.
the following rules must be satisfied:
or (1) Each boulder must be secured Joseph M. Clapp,
(ii) Secured individually by tiedowns, individually with at least two chain Administrator.
provided each piece can be stabilized tiedowns placed transversely across the [FR Doc. 0223693 Filed 92602; 8:45 am]
and adequately secured. vehicle. BILLING CODE 4910EXP

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September 27, 2002

49 CFR Parts 392 and 393

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