Parts and Accessories Necessary for Safe Operation; Front Wheel Brakes on Mexican Commercial Motor Vehicles |
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Rodney E. Slater
Federal Highway Administration
May 17, 1994
[Federal Register Volume 59, Number 94 (Tuesday, May 17, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Printing Office [www.gpo.gov] [FR Doc No: 94-11962] [[Page Unknown]] [Federal Register: May 17, 1994] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Highway Administration 49 CFR Part 393 [FHWA Docket No. MC-90-1] RIN 2125-AC49 Parts and Accessories Necessary for Safe Operation; Front Wheel Brakes on Mexican Commercial Motor Vehicles AGENCY: Federal Highway Administration (FHWA), DOT. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The FHWA is adopting as a final rule an interim final rule requiring Mexican commercial motor vehicles (CMVs) operated in the United States to be equipped with brakes acting on all wheels. The interim final rule, published on November 24, 1989, allowed Mexican CMVs to operate without front wheel brakes until January 1, 1991 (54 FR 48616). Since January 1, 1991, Mexican CMVs have been required to comply with the front wheel brake requirements of the Federal Motor Carrier Safety Regulations (FMCSRs). It is the intent of this final rule to remove obsolete language concerning the brake requirements from the FMCSRs. EFFECTIVE DATE: June 16, 1994. FOR FURTHER INFORMATION CONTACT: Ms. Deborah M. Freund, Office of Motor Carrier Standards, (202) 366-2981, or Mr. Charles Medalen, Office of the Chief Counsel, (202) 366-1354, Federal Highway Administration, Department of Transportation, 400 Seventh Street, SW., Washington, DC 20590. Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday through Friday, except legal Federal holidays. SUPPLEMENTARY INFORMATION: Background Section 9102(b) of the Truck and Bus Safety and Regulatory Reform Act of 1988 (the Act) [Title IX, Subtitle B of the Anti-Drug Abuse Act of 1988, Public Law 100-690, 102 Stat. 4181, 4528] required the Secretary of Transportation to exempt certain foreign motor carriers from part 393 of the FMCSRs, for a period of one year, beginning on November 18, 1988. The Act also required the Secretary to submit a report to Congress on the effects of the delay in application of part 393 along with recommendations on the extent to which foreign motor carriers may or should be required to comply with all or any of the requirements contained in part 393. The FHWA addressed the requirements of the Act by publishing a final rule and request for comments amending the general applicability provisions of the FMCSRs on March 24, 1989 (54 FR 12200). The required report to Congress was submitted in the form of a letter to Vice President Quayle and House Speaker Foley on September 29, 1989. The report recommended that the part 393 exemption created by the Act be allowed to lapse, with the exception of the front wheel brake requirement, and that Mexican motor carriers operating in border commercial zones be given until January 1, 1991, to comply with that standard. The report specifically recommended that the requirement for front wheel brakes apply to all Mexican CMVs manufactured on or after July 25, 1980, the effective date of the Federal Motor Vehicle Safety Standard No. 121 amendment requiring newly manufactured vehicles to be equipped with brakes on all axles. The report noted that a similar transition period was provided to both Canadian and U.S. motor carriers when the requirement was instituted in 1987. Consistent with the recommendation in the Secretary's report to Congress, the FHWA published an interim final rule allowing Mexican CMVs to operate without front wheel brakes until January 1, 1991 (November 24, 1989, 54 FR 48616). The interim final rule amended Sec. 393.42 to include an exemption to the front wheel brake requirement for Mexican trucks and truck tractors with three or more axles and manufactured on or after July 25, 1980. Discussion of Comments The FHWA received three comments in response to the interim final rule. The commenters were the Greater Las Cruces Economic Development Council, the Asociacion de Maquiladoras de Matamoros, A.C., and the U.S. Department of Agriculture, Office of Transportation (USDA). The Greater Las Cruces Economic Development Council and the Asociacion de Maquiladoras de Matamoros both submitted comments, through U.S. Senators, in opposition to the provisions of the interim final rule. Both organizations enclosed a copy of an undated bulletin from the Border Trade Alliance (BTA), a grassroots organization of financial groups, businesses, trade associations, and others seeking to educate, build consensus, and solve problems related to border trade interests. The bulletin discussed two reports submitted to the Congress in response to the 1988 Act, the DOT report, and a second report prepared by the BTA. The BTA report recommended that Mexican trucks manufactured post-1981 be exempted from the front wheel brake requirement, and that pre-1981 vehicles not be subject to the requirements of part 393 at all. The rationale provided was that Mexico's farmers operate older, pre-1981 vehicles, and that ``any restriction on the entry of these vehicles would seriously affect agricultural trade between the U.S. and Mexico * * *. Despite the lack of general compliance with U.S safety equipment standards, accident and insurance data indicated that these vehicles do not represent a threat to public safety, i.e., they are road worthy, and therefore should not be prohibited access to U.S. border commercial zones. These findings indicate that different manufacturing standards in Mexico do not compromise safety in U.S. border communities.'' The BTA's bulletin added that the DOT report ``was submitted without the thorough investigation mandated by Congress.'' The bulletin proposed that the DOT consider exempting ``older vehicles of Mexican manufacture'' from the requirements of part 393 for a period of 3 years from January 1, 1991, the effective date for Mexican motor carriers to comply with Sec. 393.42. Neither the Greater Las Cruces Economic Development Council nor the Asociacion de Maquiladoras de Matamoros provided a copy of BTA's report to Congress in their submittals to the docket. The BTA's bulletin did not include even summary information on accident or insurance data. The FHWA notes that Sec. 393.42(b)(1)(i) provides an exception to the general requirement for CMVs to be equipped with brakes acting on all wheels: Trucks or truck tractors having three or more axles need not have brakes on the front wheels if the vehicle was manufactured before July 24, 1980. Therefore, nearly all pre-1981 three axle trucks and truck tractors would automatically be covered by this exception. The USDA submitted comments in support of the interim final rule. The USDA maintained that prohibiting Mexican motor carriers access to border commercial zones would have a significant economic impact on U.S.-Mexico border communities and overall agricultural trade between the U.S. and Mexico. The agency supported the transition period the FHWA provided for Mexican motor carriers to comply with Sec. 393.42. The USDA agreed with the FHWA's decision that the transition period not extend beyond January 1, 1991. Over three years have passed since the end of the transition period announced in the 1989 interim final rule. As the North American Free Trade Agreement (NAFTA) is implemented, cross-border trade will increase. Although the BTA has asserted that Mexican CMVs do not compromise safety in U.S. border communities, the FHWA notes that, in accordance with the access phase-in schedule in NAFTA, these CMVs will no longer be restricted to commercial border zones, but may begin operating well into the interior of the U.S., and into Canada. It is imperative that all CMVs using the U.S. highways do so with a high level of safety. The U.S., Canada, and Mexico are working together to harmonize their CMV safety regulations applicable to drivers, vehicles, and motor carriers. FHWA Decision The FHWA believes the interim final rule should be adopted as a final rule. The deadline for compliance with the front wheel brake requirement has passed with no indication that the requirement has had an adverse impact on Mexican motor carriers. Contrary to the assertions of the Greater Las Cruces Economic Development Council and the Association de Maquiladoras de Matamoros, the FHWA does not believe that exceptions to the requirements of part 393 in general, or the front wheel brake requirements in particular, are necessary for Mexican motor carriers. The DOT Report to Congress provides a thorough analysis of the issue and fully supports the FHWA's decision to require that Mexican CMVs manufactured on or after July 25, 1980, be equipped with front wheel brakes. The FHWA notes that part 393 of the FMCSRs provides basic equipment standards intended to help ensure the safe operation of CMVs within the United States regardless of the principal place of business of the motor carrier. As such, all CMVs operated in the United States and manufactured on or after July 25, 1980, must be equipped with front wheel brakes. In consideration of the January 1, 1991, expiration date for the exception to the front wheel brake requirements for Mexican CMVs, the FHWA is amending Sec. 393.42 to remove this exception found at Sec. 393.42(b)(4). Rulemaking Analyses and Notices Executive Order 12866 (Regulatory Planning and Review) and DOT Regulatory Policies and Procedures The FHWA has determined that this action is not a significant regulatory action within the meaning of Executive Order 12866 or significant within the meaning of Department of Transportation regulatory policies and procedures. This final rule merely adopts the interim final rule which allowed Mexican motor carriers until January 1, 1991, to comply with the requirements of Sec. 393.42. Since the January 1, 1991, expiration date for the exemption has passed, and CMVs subject to the FMCSRs are currently required to comply with all applicable requirements of part 393, it is anticipated that the economic impact of this rulemaking will be minimal; therefore, a full regulatory evaluation is not required. Regulatory Flexibility Act In compliance with the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the FHWA has evaluated the effects of this rule on small entities. This final rule adopts the November 24, 1989, interim final rule which allowed Mexican motor carriers until January 1, 1991, to comply with the requirements of Sec. 393.42. Since the January 1, 1991, expiration date for the exemption has passed, and CMVs subject to the FMCSRs are currently required to comply with all applicable requirements of part 393, the FHWA believes the economic impact on small entities will be minimal. Therefore, the FHWA hereby certifies that this action will not have a significant economic impact on a substantial number of small entities. Executive Order 12612 (Federalism Assessment) This action has been analyzed in accordance with the principles and criteria contained in Executive Order 12612, and it has been determined that this action does not have sufficient federalism implications to warrant the preparation of a federalism assessment. Executive Order 12372 (Intergovernmental Review) Catalog of Federal Domestic Assistance Program Number 20.217, Motor Carrier Safety. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program. Paperwork Reduction Act This action does not contain a collection of information requirement for purposes of the Paperwork Reduction Act of 1980, 44 U.S.C. 3501 et seq. National Environmental Policy Act The agency has analyzed this action for the purpose of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and has determined that this action would not have any effect on the quality of the environment. Regulation Identification Number A regulation identification number (RIN) is assigned to each regulatory action listed in the Unified Agenda of Federal Regulations. The Regulatory Information Service Center publishes the Unified Agenda in April and October of each year. The RIN contained in the heading of this document can be used to cross reference this action with the Unified Agenda. List of Subjects in 49 CFR Part 393 Freight transportation, Highway safety, Highways and roads, Motor carriers, Motor vehicle safety, Parts and accessories. Issued on: May 9, 1994. Rodney E. Slater, Federal Highway Administrator. In consideration of the foregoing, the FHWA is amending title 49, Code of Federal Regulations, part 393, as follows: PART 393--[AMENDED] 1. The authority citation for part 393 continues to read as follows: Authority: 49 U.S.C. 3102; 49 U.S.C. app. 2505; 49 CFR 1.48. Sec. 393.42 [Amended] 2. In Sec. 393.42, paragraph (b)(4) is removed. [FR Doc. 94-11962 Filed 5-16-94; 8:45 am] BILLING CODE 4910-22-P