Parts and Accessories Necessary for Safe Operation: Federal Motor Vehicle Safety Standards Certification for Commercial Motor Vehicles Operated by United States-Domiciled Motor Carriers |
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Topics: Autogermana
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T.F. Scott Darling, III
Federal Motor Carrier Safety Administration
June 17, 2015
[Federal Register Volume 80, Number 116 (Wednesday, June 17, 2015)]
[Proposed Rules]
[Pages 34588-34593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14934]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 393
[Docket No. FMCSA-2014-0428]
RIN 2126-AB67
Parts and Accessories Necessary for Safe Operation: Federal Motor
Vehicle Safety Standards Certification for Commercial Motor Vehicles
Operated by United States-Domiciled Motor Carriers
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of Proposed Rulemaking (NPRM), request for comments.
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SUMMARY: FMCSA proposes to amend the Federal Motor Carrier Safety
Regulations (FMCSRs) by requiring United States-domiciled (U.S.-
domiciled) motor carriers engaged in interstate commerce to use only
commercial motor vehicles (CMV) that display a certification label
affixed by the vehicle manufacturer or a U.S. Department of
Transportation (DOT) Registered Importer, indicating that the vehicle
satisfied all applicable Federal Motor Vehicle Safety Standards (FMVSS)
in effect at the time of manufacture. If the certification label is
missing, the motor carrier must obtain, and a driver upon demand
present, a letter issued by the vehicle manufacturer stating that the
vehicle met all applicable FMVSS in effect at the time of manufacture.
DATES: You may submit comments by August 3, 2015.
ADDRESSES: Comments to the rulemaking docket should refer to Docket ID
Number FMCSA-2014-0428- or RIN 2126-AB67, and be submitted to the
Administrator, Federal Motor Carrier Safety Administration using any of
the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Fax: 1-202-493-2251.
Mail: Docket Management Facility (M-30), U.S. Department
of Transportation, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC 20590-0001.
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Hand Delivery: Ground Floor, Room W12-140, DOT Building,
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5
p.m. e.t., Monday through Friday, except Federal holidays.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: Michael Huntley, Chief, Vehicle and
Roadside Operations Division, Office of Policy, Federal Motor Carrier
Safety Administration, 1200 New Jersey Avenue SE., Washington, DC
20590-0001, by telephone at (202) 366-9209 or via email at
Michael.Huntley@dot.gov. FMCSA office hours are from 9 a.m. to 5 p.m.,
e.t Monday through Friday, except Federal holidays. If you have
questions on viewing or submitting material to the docket, contact
Docket Services, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Public Participation and Request for Comments
II. Executive Summary
III. Legal Basis for the Rulemaking
IV. Background
V. Discussion of the Proposed Rule
VI. Regulatory Analyses
I. Public Participation and Request for Comments
FMCSA invites you to participate in this rulemaking by submitting
comments and related materials.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (FMCSA-2014-0428), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online or by fax, mail, or hand delivery, but please use only one of
these means. FMCSA recommends that you include your name and a mailing
address, an email address, or a phone number in the body of your
document so that FMCSA can contact you if there are questions regarding
your submission.
To submit your comment online, go to http://www.regulations.gov and
click on the ``Submit a Comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu, select
``Rules,'' insert ``FMCSA-2014-0428'' in the ``Keyword'' box, and click
``Search.'' When the new screen appears, click on ``Submit a Comment''
in the ``Actions'' column. If you submit your comments by mail or hand
delivery, submit them in an unbound format, no larger than 8\1/2\ by 11
inches, suitable for copying and electronic filing. If you submit
comments by mail and would like to know that they reached the facility,
please enclose a stamped, self-addressed postcard or envelope.
FMCSA will consider all comments and material received during the
comment period and may change this proposed rule based on your
comments.
Viewing Comments and Documents
To view comments, as well as any documents mentioned in this
preamble, go to http://www.regulations.gov and click on the ``Read
Comments'' box in the upper right hand side of the screen. Then, in the
``Keyword'' box insert ``FMCSA-2014-0428'' and click ``Search.'' Next,
click the ``Open Docket Folder'' in the ``Actions'' column. Finally, in
the ``Title'' column, click on the document you would like to review.
If you do not have access to the Internet, you may view the docket
online by visiting the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5
p.m., e.t., Monday through Friday, except Federal holidays.
Privacy Act
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
II. Executive Summary
Purpose and Summary of the Major Provisions
The FMCSRs require that motor carriers operating CMVs in the U.S.,
including Mexico- and Canada-domiciled carriers, ensure that the
vehicles are equipped with the applicable safety equipment and features
specified in 49 CFR part 393, Parts and Accessories Necessary for Safe
Operations, which includes cross references to safety equipment and
features that must be installed at the time of production. The National
Highway Traffic Safety Administration (NHTSA) requires vehicle
manufacturers to certify that the vehicles they produce for sale and
use in the U.S. meet all applicable FMVSS in effect at the time of
manufacture. In addition, they must affix an FMVSS certification label
to each vehicle in accordance with the requirements of 49 CFR part 567.
This NPRM would require U.S.-domiciled motor carriers engaged in
interstate commerce to use only CMVs that display an FMVSS
certification label affixed by the vehicle manufacturer indicating that
the vehicle: (1) satisfied all applicable FMVSS in effect at the time
of manufacture; or (2) has been modified to meet those standards and
legally imported by a DOT Registered Importer. In the absence of such a
label (e.g., because of vehicle damage or deliberate removal), the
motor carrier must obtain, and a driver upon demand present, a letter
issued by the vehicle manufacturer stating that the vehicle satisfied
all applicable FMVSS in effect on the date of manufacture. The
manufacturer should be able to determine quickly whether the vehicle
was built to comply with the FMVSS by comparing the vehicle
identification number (VIN) to its production records.
In the event a vehicle does not display a certification label,
motor carriers would be responsible for providing their drivers with a
letter from the vehicle manufacturer to present to Federal or State
enforcement officials upon request.
This proposed rule would address the National Transportation Safety
Board's (NTSB) concerns about the operation of CMVs that do not display
certification labels. It would not apply to foreign-domiciled vehicles
(i.e., CMVs operated by Mexico- and Canada-domiciled motor carriers)
engaged in international traffic, as regulations enforced by U.S.
Customs and Border Protection permit such vehicles to be admitted to
the U.S. without formal importation, payment of duty, or compliance
with the FMVSS.\1\
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\1\ The applicable Customs and Border Protection regulations
governing instruments of international traffic are found in 19 CFR
10.41, 10.41a, and part 123, subpart B. With certain exceptions,
instruments of international traffic may be released without entry
or the payment of duty, subject to the provisions set forth in these
regulations.
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Benefits and Costs
Generally, motor carriers engaging in interstate commerce with a
principal place of business in the U.S. would not experience any
regulatory burden as a result of this rulemaking unless the motor
carrier: (1) had vehicles with missing certification labels; or (2) had
acquired a vehicle that was not originally manufactured for sale or use
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in this country that had somehow been improperly imported. The Agency
lacks data on the prevalence of such vehicles in the fleets of U.S.-
domiciled motor carriers. FMCSA seeks comment on: (1) the size of the
CMV population originally certified as FMVSS-compliant that now lacks
certification labels because of vehicle damage, deliberate removal, or
other reasons; and (2) the number of CMVs operated by U.S.-domiciled
carriers that lack certification labels because they were neither
designed nor certified to be FMVSS-compliant. FMCSA believes that most
missing labels fall into the first of these two categories.
This rulemaking is not intended to deprive motor carriers of the
use of vehicles produced in compliance with the appropriate FMVSS, but
rather to prevent vehicles not manufactured or modified to meet those
standards from being operated by U.S.-domiciled interstate carriers.
FMCSA believes this rulemaking would have no impact on the vast
majority of U.S. carriers. Because motor vehicles manufactured for sale
or use in the U.S. must display an FMVSS certification label, and
because vehicles that are properly imported by a Registered Importer
must likewise display an FMVSS certification label, all vehicles
operated by U.S. motor carriers would typically already have such
labels. However, there may be circumstances where a CMV lacking an
FMVSS certification label is used in interstate commerce by an American
carrier. This NPRM would force the carrier to incur one-time costs to
determine whether the label had simply been lost or, more seriously,
whether the vehicle may have been improperly imported. In order to
minimize those costs, FMCSA will accept as proof of compliance with the
FMVSS a letter from the vehicle manufacturer stating that the subject
vehicle satisfied all applicable FMVSS in effect at the time of
manufacture. The Agency is unable to quantify the costs associated with
this alternative demonstration of compliance, but expects them to be
minimal. FMCSA seeks comment on the cost and effectiveness of this
letter-based validation process when an FMVSS certification label is
missing or too damaged to read.
With regard to benefits, the rule would make it easier for FMCSA
and its State partners to identify CMVs operated by U.S.-domiciled
motor carriers that may have been introduced into interstate commerce
without the proper FMVSS certification.
In the absence of monetizeable benefits, and due to uncertainty
regarding the size of the affected population and the costs to comply
with this rulemaking, FMCSA proposes to use a threshold analysis to
quantify the benefits necessary to offset the costs of the rule. This
threshold analysis will be included in the final rule, drawing upon
information provided in comments to the docket and other data to
establish lower and upper bounds for costs. The Agency seeks comments
on the value of a threshold analysis versus a qualitative assessment of
the rule's potential impact.
III. Legal Basis for the Rulemaking
This NPRM is based on the authority of the Motor Carrier Act of
1935 (1935 Act) and the Motor Carrier Safety Act of 1984 (MCSA or 1984
Act), both of which provide broad discretion to the Secretary of
Transportation (Secretary) in implementing their provisions.
The 1935 Act provides that the Secretary may prescribe requirements
for: (1) qualifications and maximum hours of service of employees of,
and safety of operation and equipment of, a motor carrier [49 U.S.C.
31502(b)(1)]; and (2) qualifications and maximum hours of service of
employees of, and standards of equipment of, a motor private carrier,
when needed to promote safety of operation [49 U.S.C. 31502(b)(2)].
These proposed amendments are based on the Secretary's authority to
regulate the safety and standards of equipment of for-hire and private
motor carriers.
The 1984 Act gives the Secretary concurrent authority to regulate
CMVs and the drivers and motor carriers that operate them, as well as
the vehicles themselves [49 U.S.C. 31136(a)]. Section 31136(a) requires
the Secretary to publish regulations on CMV safety. Specifically, the
Act sets forth minimum safety standards to ensure that: (1) CMVs are
maintained, equipped, loaded, and operated safely [49 U.S.C.
31136(a)(1)]; (2) the responsibilities imposed on operators of CMVs do
not impair their ability to operate the vehicles safely [49 U.S.C.
31136(a)(2)]; (3) the physical condition of CMV operators is adequate
to enable them to operate the vehicles safely [49 U.S.C. 31136(a)(3)];
and (4) the operation of CMVs does not have a deleterious effect on the
physical condition of the operators [49 U.S.C. 31136(a)(4)]. Section
32911 of the Moving Ahead for Progress in the 21st Century Act (MAP-21)
[Pub. L. 112-141, 126 Stat. 405, 818, July 6, 2012] enacted a fifth
requirement, i.e., that the regulations ensure that ``(5) an operator
of a commercial motor vehicle is not coerced by a motor carrier,
shipper, receiver, or transportation intermediary to operate a
commercial motor vehicle in violation of a regulation promulgated under
this section, or chapter 51 [Transportation of Hazardous Material] or
chapter 313 [Commercial Motor Vehicle Operators] of this title'' [49
U.S.C. 31136(a)(5)].
This proposed rule would prohibit U.S-domiciled motor carriers from
operating CMVs that are not appropriately labeled to document that they
met all applicable FMVSS in effect at the time of manufacture. Motor
carriers could continue to purchase foreign vehicles for importation
into the United States, but NHTSA requires these vehicles to have
documentation and labels to verify that they have been modified to
comply with the applicable FMVSS. Because FMCSA has exercised its
statutory authority to include cross-references to the FMVSS in the
FMCSRs, this rulemaking is consistent with 49 U.S.C. 31136(a)(1). This
proposed rule does not impact the responsibilities or physical
condition of drivers as contemplated by 49 U.S.C. 31136(a)(2) and (3),
respectively, and deals with 49 U.S.C. 31136(a)(4) only to the extent
that a vehicle operated in accordance with the safety regulations is
less likely to have a deleterious effect on the physical condition of a
driver. Because both: (1) the number of vehicles operated by U.S.-
domiciled motor carriers without an FMVSS certification label; and (2)
the cost of demonstrating FMVSS compliance through a letter from the
vehicle manufacturer, are expected to be small, the Agency believes
that the number of drivers who might be coerced to operate CMVs that do
not comply with this rule is de minimis, and may be zero. FMCSA has
considered the costs and benefits of the rule, as required by 49 U.S.C.
31136(c)(2)(A) and 31502(d).
IV. Background
Part 567 of title 49 of the Code of Federal Regulations (49 CFR
part 567) requires that manufacturers of motor vehicles built for sale
or use in the U.S. must affix a label certifying that the motor vehicle
meets all applicable FMVSS in effect on the date of manufacture.\2\
Part 567 provides detailed requirements concerning the location of and
information to be displayed on the label. These requirements are
applicable to manufacturers of CMVs produced for use in the U.S. The
label must be affixed prior to the first sale of the CMV.
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\2\ These standards are codified in 49 CFR part 571. Most, but
not all, of the FMVSS are cross-referenced in existing requirements
of part 393.
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The National Traffic and Motor Vehicle Safety Act (Vehicle Safety
Act) (49 U.S.C. 30101, et seq.) expressly prohibits vehicles from being
imported into the U.S. unless the vehicles--
(a) Comply with all applicable FMVSS in effect on the date of
manufacture, and
(b) Bear a label certifying compliance with the FMVSS and applied
to the vehicle either by a manufacturer at the time of manufacture or
by a DOT Registered Importer after the vehicle has been brought into
compliance.\3\ This statutory requirement is currently codified at 49
U.S.C. 30112 and implemented in NHTSA's regulations codified at 49 CFR
parts 567 and 571.
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\3\ An individual or business registered with NHTSA as an
importer may import non-complying motor vehicles into the United
States if NHTSA has determined that the vehicles are capable of
being readily altered to comply with all applicable standards in
effect at the time the vehicle is imported. The registered importer
must provide the Federal Government with a bond at least equal to
the dutiable value of the vehicle before it can be imported and must
bring the vehicle into full compliance before the vehicle may be
sold and the bond released.
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Under this proposal, all motor carriers operating in interstate
commerce, including Mexico- and Canada-domiciled motor carriers, would
continue to be responsible for complying with FMCSA's vehicle-related
requirements in 49 CFR part 393, including the specific safety features
and equipment mandated by the FMVSS and cross-referenced in part 393.
Under FMCSA's Motor Carrier Safety Assistance Program, FMCSA and its
State and local partners conduct more than 3 million roadside
inspections each year on vehicles domiciled in the U.S., Mexico, and
Canada operating in interstate commerce. Enforcement of the FMCSRs, and
by extension the FMVSS they cross-reference, is the bedrock of these
compliance activities, and helps ensure that all CMVs on U.S. highways
are in safe and proper operating condition.
National Transportation Safety Board Recommendations
On December 8, 2009, the NTSB issued a series of recommendations to
the Office of the Secretary of Transportation, FMCSA, and NHTSA
concerning measures to ensure that CMVs operated in the U.S. are
manufactured to comply with the applicable FMVSS. The recommendations
were included in the NTSB's highway crash report titled ``Motorcoach
Rollover on U.S. Highway 59 near Victoria, Texas on 2 January 2008''
(HAR-09/03/SUM, PB2009-916203). A copy of the report is included in the
docket referenced at the beginning of this notice.
During its investigation of this crash, NTSB discovered that the
motorcoach did not display an FMVSS certification label despite being
registered in the U.S. While there is no indication that the absence of
the FMVSS certification contributed to the crash, the NTSB noted the
safety vulnerability of allowing vehicles without that certification to
operate on the Nation's highways. This rulemaking would help to address
the problem of U.S.-domiciled motor carriers acquiring and operating
CMVs that were neither manufactured for sale nor modified for use in
this country.
Effect of the Certification Label Requirements on U.S.-Domiciled Motor
Carrier Operations
Generally, U.S.-domiciled motor carriers operating CMVs (as defined
in 49 CFR 390.5) in interstate commerce have access to vehicles that
were either originally manufactured domestically for use in the U.S.
and have the required certification label, or were imported in
accordance with the applicable NHTSA importation regulations. Imported
vehicles must have the required label certifying the vehicle is in
compliance with the applicable FMVSS. Therefore, most vehicles operated
by U.S.-domiciled motor carriers should have certification labels that
meet the requirements of 49 CFR part 567.\4\
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\4\ The FMVSS and the certification label requirement are not
applicable to vehicles or items of equipment manufactured for, and
sold directly to, the Armed Forces of the United States in
conformance with contract specifications (49 CFR 571.7). Therefore,
when a motor carrier purchases surplus equipment from the Armed
Forces for subsequent use in interstate commerce, the vehicle may
not have a certification label. However, because the FMCSRs cross-
reference most of the FMVSS, the motor carrier would be required to
ensure that the vehicle was retrofitted to meet the referenced
standards, as well as all applicable motor carrier regulations.
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FMCSA's Safety Responsibility
NHTSA and FMCSA have complementary responsibilities to ensure
vehicle safety under their respective enabling legislation. NHTSA's
responsibility generally covers the design and safety compliance
testing of motor vehicles by manufacturers and others responsible for
those activities. FMCSA's responsibility concerns the safe operation of
CMVs in interstate commerce, and the regulatory compliance of motor
carriers and drivers conducting such operations. Generally, enforcement
of the FMCSRs by FMCSA and its State partners is accomplished through
roadside inspections. Under current roadside inspection enforcement
procedures, if violations or deficiencies of the FMCSRs are serious
enough to meet the current out-of-service criteria, the vehicle is
prohibited from operating until the problems are corrected. The
roadside inspection procedures are the same for all CMVs operated in
the U.S., regardless of the motor carrier's country of domicile.
If FMCSA adopts the proposed rule, the Agency and its State
partners would then be able to enforce the prohibition in 49 U.S.C.
30112 against the use or importation of non-compliant CMVs by citing
U.S.-domiciled motor carriers that fail to display the required
certification label. Enforcement action would be taken in a manner
consistent with FMCSA's existing compliance policies and programs on
vehicle-oriented regulations under 49 CFR part 393.\5\ As it does with
other violations of the FMCSRs, the Agency would compile data regarding
uncertified vehicles and determine whether there are patterns of non-
compliance by specific U.S.-domiciled interstate motor carriers.
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\5\ In other words, failure to display a certification label
could result in a citation and fine during a roadside inspection, or
a civil penalty as a result of a compliance review. Under the
current out-of-service criteria, it would not constitute grounds to
place a vehicle out of service in the absence of vehicle defects
meeting those criteria.
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V. Discussion of the Proposed Rule
FMCSA is proposing to amend the FMCSRs to require that U.S.-
domiciled motor carriers ensure that their CMVs have a certification
label affixed to the vehicle by the vehicle manufacturer or by a DOT
Registered Importer that meets the requirements of 49 CFR part 567. If
a CMV operated by a U.S.-domiciled motor carrier is missing the
certification label because of vehicle damage, deliberate removal, or
other reasons, the motor carrier must obtain, and a driver must upon
demand present, a letter issued by the vehicle manufacturer stating
that the vehicle satisfied all applicable FMVSS in effect at the time
of manufacture. As explained above, U.S.-domiciled motor carriers
typically would have access only to vehicles that meet the applicable
FMVSS and display a certification label that meets the requirements of
49 CFR part 567. Therefore, FMCSA does not expect that motor carriers
would have to change the way they operate to comply with the
requirements proposed today. However, the proposed rule would require
U.S.-domiciled motor carriers to maintain the label affixed by the
manufacturer or DOT Registered Importer or other documentation that
confirms the CMV was manufactured per the applicable
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FMVSS. The Agency seeks comment on potential costs involved to replace
the label in the instance of damage or other loss.
VI. Regulatory Analyses
Executive Order 12866 (Regulatory Planning and Review and DOT
Regulatory Policies and Procedures as Supplemented by E.O. 13563)
FMCSA has determined that this proposed rule is not a significant
regulatory action within the meaning of Executive Order (E.O.) 12866,
as supplemented by E.O. 13563 (76 FR 3821, January 21, 2011), or within
the meaning of DOT regulatory policies and procedures (DOT Order 2100.5
dated May 22, 1980; 44 FR 11034, February 2, 1979). The Agency believes
the potential economic impact is negligible because vehicles
manufactured for sale and use in the United States have FMVSS
certification labels or can be confirmed as being FMVSS-compliant by
the manufacturer through a comparison of the vehicle's VIN and the
manufacturer's production records. While a U.S.-domiciled carrier may
occasionally obtain a vehicle that does not have an FMVSS
certification, the Agency believes this practice would occur less
frequently under the proposed rule. As such, the costs of the rule
would not begin to approach the $100 million annual threshold for
economic significance. Moreover, the Agency does not expect the rule to
generate substantial congressional or public interest. This proposed
rule therefore has not been formally reviewed by the Office of
Management and Budget (OMB).
Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.)
requires Federal agencies to consider the effects of the regulatory
action on small business and other small entities and to minimize any
significant economic impact. The term ``small entities'' comprises
small businesses and not-for-profit organizations that are
independently owned and operated and are not dominant in their fields
and governmental jurisdictions with populations of less than 50,000.
Accordingly, DOT policy requires an analysis of the impact of all
regulations on small entities and mandates that agencies strive to
lessen any adverse effects on these businesses.
Under the Regulatory Flexibility Act, as amended by the Small
Business Regulatory Enforcement Fairness Act of 1996 (Title II, Pub. L.
104-121, 110 Stat. 857, March 29, 1996), FMCSA does not expect the
proposed rule to have a significant economic impact on a substantial
number of small entities. For those entities affected by this proposed
rule, in the absence of definitive data on the cost to demonstrate
FMVSS compliance at the time of manufacture for an otherwise FMVSS-
compliant vehicle, FMCSA assumes the cost is minimal and poses no
disproportionate burden to small entities.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996, FMCSA wants to assist small entities in
understanding this proposed rule so that they can better evaluate its
effects on them and participate in the rulemaking initiative. If the
proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please consult the FMCSA point of
contact listed in the FOR FURTHER INFORMATION CONTACT section of the
proposed rule.
Small businesses may send comments on the actions of Federal
employees who enforce or otherwise determine compliance with Federal
regulations to the Small Business Administration's Small Business and
Agriculture Regulatory Enforcement Ombudsman and the Regional Small
Business Regulatory Fairness Boards. The Ombudsman evaluates these
actions annually and rates each agency's responsiveness to small
business. If you wish to comment on actions by employees of FMCSA, call
1-888-REG-FAIR (1-888-734-3247). DOT has a policy ensuring the rights
of small entities to regulatory enforcement fairness and an explicit
policy against retaliation for exercising these rights.
Unfunded Mandates Reform Act of 1995
This proposed rule would not impose an unfunded Federal mandate, as
defined by the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532 et
seq.), that would result in the expenditure by State, local, and tribal
governments, in the aggregate, or by the private sector, of $151
million (which is the value of $100 million in 2012 after adjusting for
inflation) or more in any 1 year.
Executive Order 13132 (Federalism)
A rule has Federalism implications if it has a substantial direct
effect on State or local governments and would either preempt State law
or impose a substantial direct cost of compliance on the States. FMCSA
has analyzed this proposed rule under Executive Order 13132 and
determined that it does not have Federalism implications.
Executive Order 12988 (Civil Justice Reform)
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Executive Order 13045 (Protection of Children)
E.O. 13045, Protection of Children from Environmental Health Risks
and Safety Risks (62 FR 19885, Apr. 23, 1997), requires agencies
issuing ``economically significant'' rules, if the regulation also
concerns an environmental health or safety risk that an agency has
reason to believe may disproportionately affect children, to include an
evaluation of the regulation's environmental health and safety effects
on children. The Agency determined this proposed rule is not
economically significant. Therefore, no analysis of the impacts on
children is required. In any event, the Agency does not anticipate that
this regulatory action could in any respect present an environmental or
safety risk that could disproportionately affect children.
Executive Order 12630 (Taking of Private Property)
FMCSA reviewed this notice of proposed rulemaking in accordance
with Executive Order 12630, Governmental Actions and Interference with
Constitutionally Protected Property Rights, and has determined it will
not effect a taking of private property or otherwise have taking
implications.
Privacy Impact Assessment
Section 522 of title I of division H of the Consolidated
Appropriations Act, 2005, enacted December 8, 2004 (Pub. L. 108-447,
118 Stat. 2809, 3268, 5 U.S.C. 552a note), requires the Agency to
conduct a privacy impact assessment of a regulation that will affect
the privacy of individuals. This rule does not require the collection
of any personally identifiable information.
The Privacy Act (5 U.S.C. 552a) applies only to Federal agencies
and any non-Federal agency that receives records contained in a system
of records from a Federal agency for use in a matching program. FMCSA
has determined this proposed rule will not result in a new or revised
Privacy Act System of Records for FMCSA.
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Executive Order 12372 (Intergovernmental Review)
The regulations implementing Executive Order 12372 regarding
intergovernmental consultation on Federal programs and activities do
not apply to this program.
Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et
seq.), Federal agencies must obtain approval from OMB for each
collection of information they conduct, sponsor, or require through
regulations. FMCSA determined that no new information collection
requirements are associated with this NPRM. The information collection
requirements associated with FMVSS certification labels are covered by
NHTSA under OMB Control Number 2127-0512, ``Consolidated Labeling
Requirements for Motor Vehicles (Except the VIN Numbers).''
National Environmental Policy Act and Clean Air Act
FMCSA analyzed this proposed rule in accordance with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.) and
determined under our environmental procedures Order 5610.1 (69 FR 9680,
March 1, 2004) that this action does not have any effect on the quality
of the environment. Therefore, this NPRM is categorically excluded (CE)
from further analysis and documentation in an environmental assessment
or environmental impact statement under FMCSA Order 5610.1, paragraph
6(b) of Appendix 2. The CE under paragraph 6(b) addresses rulemakings
that make editorial or other minor amendments to existing FMCSA
regulations. A Categorical Exclusion Determination is available for
inspection or copying in the Regulations.gov Web site listed under
ADDRESSES.
FMCSA also analyzed this proposed rule under the Clean Air Act, as
amended (CAA), section 176(c) (42 U.S.C. 7401 et seq.), and
implementing regulations promulgated by the Environmental Protection
Agency. Approval of this action is exempt from the CAA's general
conformity requirement since it does not affect direct or indirect
emissions of criteria pollutants.
Executive Order 12898 (Environmental Justice)
Under E.O. 12898, each Federal agency must identify and address, as
appropriate, ``disproportionately high and adverse human health or
environmental effects of its programs, policies, and activities on
minority populations and low-income populations'' in the United States,
its possessions, and territories. FMCSA evaluated the environmental
justice effects of this proposed rule in accordance with the E.O., and
has determined that no environmental justice issue is associated with
this proposed rule, nor is there any collective environmental impact
that would result from its promulgation.
Executive Order 13211 (Energy Supply, Distribution, or Use)
FMCSA has analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. FMCSA has determined that it is not a
``significant energy action'' under that executive order because it is
not a ``significant regulatory action'' under Executive Order 12866 and
is not likely to have a significant adverse effect on the supply,
distribution, or use of energy. Therefore, this proposed rule does not
require a Statement of Energy Effects under Executive Order 13211.
Executive Order 13175 (Indian Tribal Governments)
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
National Technology Transfer and Advancement Act
The National Technology Transfer and Advancement Act (15 U.S.C. 272
note) requires Federal agencies proposing to adopt technical standards
to consider whether voluntary consensus standards are available. If the
Agency chooses to adopt its own standards in place of existing
voluntary consensus standards, it must explain its decision in a
separate statement to OMB. Because this NPRM does not involve the
adoption of FMCSA technical standards, there is no need to submit a
separate statement to OMB on this matter.
E-Government Act of 2002
The E-Government Act of 2002, Public Law 107-347, section 208, 116
Stat. 2899, 2921 (Dec. 17, 2002), requires Federal agencies to conduct
a privacy impact assessment for new or substantially changed technology
that collects, maintains, or disseminates information in an
identifiable form. No new or substantially changed technology would
collect, maintain, or disseminate information as a result of this
proposed rule. As a result, FMCSA has not conducted a privacy impact
assessment.
List of Subjects in 49 CFR Part 393
Highway safety, Motor carriers, Motor vehicle safety.
For the reasons stated above, FMCSA proposes to amend title 49,
Code of Federal Regulations, chapter III, subchapter B part 393, as
follows:
PART 393--PARTS AND ACCESSORIES NECESSARY FOR SAFE OPERATION
0
1. The authority citation for part 393 continues to read as follows:
Authority: 49 U.S.C. 31136, 31151, and 31502; sec. 1041(b) of
Pub. L. 102-240, 105 Stat. 1914, 1993 (1991); and 49 CFR 1.87.
0
2. Add Sec. 393.8 to subpart A to read as follows:
Sec. 393.8 Federal Motor Vehicle Safety Standard Certification
Labels.
(a) Each commercial motor vehicle operated by a U.S.-domiciled
motor carrier, as indicated by its principal place of business, must be
built or modified to meet all applicable Federal Motor Vehicle Safety
Standards (FMVSS) (codified in 49 CFR part 571). The requirements must
be satisfied by:
(1) A label affixed by the vehicle manufacturer certifying that the
vehicle was built to meet all applicable FMVSS in effect on the date of
manufacture; or
(2) A label affixed by a DOT Registered Importer, as defined in 49
CFR part 592, certifying that the vehicle has been modified to conform
to all applicable FMVSS in effect on the date of manufacture; or
(3) A letter issued by the vehicle manufacturer stating that the
vehicle satisfied all applicable FMVSS in effect at the time of
manufacture.
(b) The certification labels required by this section must comply
with the requirements of 49 CFR part 567.
Issued under the authority of delegation in 49 CFR 1.87 on: May
27, 2015.
T.F. Scott Darling, III,
Chief Counsel.
[FR Doc. 2015-14934 Filed 6-16-15; 8:45 am]
BILLING CODE 4910-EX-P