Federal Motor Vehicle Safety Standard; Air Brake Systems, 9173-9176 [E9-4492]
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Federal Register / Vol. 74, No. 40 / Tuesday, March 3, 2009 / Rules and Regulations
registered regular-route motor carrier of
passengers will continue to be subject to
the full safety oversight and
enforcement programs of FMCSA and
its State and local partners.
The effective date of the rule is March
17, 2009, with a compliance date of July
15, 2009.
Contemplated Extension of the Effective
Date
In accordance with January 20, 2009
(74 FR 4435) memorandum from the
Assistant to the President and Chief of
Staff, FMCSA is contemplating an
extension of the effective date of its
January 16, 2009, final rule from March
17, 2009, to June 15, 2009. This will
provide us sufficient time to address
issues that have been raised about
whether the new rule will make it more
difficult for us to enforce our
requirements concerning safety and
access for individuals with disabilities.
Although we believe the final rule fully
addressed these issues, in light of the
Assistant to the President and Chief of
Staff’s memorandum, we are proposing
to delay the effective date of the final
rule to allow the Agency the
opportunity for further review and
consideration of these issues.
The Agency solicits comments
specifically on the contemplated delay
in the effective date.
List of Subjects
49 CFR Part 356
Administrative practice and
procedure, Routing, Motor carriers.
49 CFR Part 365
Administrative practice and
procedure, Brokers, Buses, Freight
forwarders, Motor carriers, Moving of
household goods, Reporting and
recordkeeping requirements.
49 CFR Part 374
Aged, Blind, Buses, Civil rights,
Freight, Individuals with disabilities,
Motor carriers, Smoking.
Issued on: February 25, 2009.
Rose A. McMurray,
Acting Deputy Administrator.
[FR Doc. E9–4454 Filed 3–2–09; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 571
[Docket No. NHTSA–2009–0038]
RIN 2127–AK44
Federal Motor Vehicle Safety Standard;
Air Brake Systems
AGENCY: National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Interim final rule, request for
comments.
SUMMARY: This document extends for six
months a requirement that trailers with
antilock brake systems be equipped
with an external antilock malfunction
indicator lamp. This requirement,
which is included in the Federal motor
vehicle safety standard that governs
vehicles equipped with air brakes, is
currently scheduled to sunset on March
1, 2009. As a result of this interim final
rule, the sunset date is September 1,
2009. We are taking this action in
connection with our consideration of a
petition for rulemaking from the
Commercial Vehicle Safety Alliance
(CVSA) requesting that the requirement
be made permanent. In a separate
document, we are proposing a further
extension of the requirement, to March
1, 2011. This interim final rule prevents
the occurrence of a potential time gap
for the vehicles that are subject to the
requirement, should the agency
ultimately decide to further extend the
time period.
DATES: Effective Date: The amendment
made in this rule is effective February
28, 2009.
Comment Period: You should submit
your comments early enough to ensure
that the Docket receives them not later
than April 2, 2009. Comments may be
combined with ones on the
accompanying notice of proposed
rulemaking, which is being published
today using the same docket number.
ADDRESSES: You may submit comments
to the docket number identified in the
heading of this document by any of the
following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
• Mail: Docket Management Facility:
U.S. Department of Transportation, 1200
New Jersey Avenue, SE., West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
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• Hand Delivery or Courier: 1200
New Jersey Avenue, SE., West Building
Ground Floor, Room W12–140, between
9 a.m. and 5 p.m. ET, Monday through
Friday, except Federal holidays.
• Fax: 202–493–2251.
Instructions: For detailed instructions
on submitting comments and additional
information on the rulemaking process,
see the Public Participation heading of
the SUPPLEMENTARY INFORMATION section
of this document. Note that all
comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided. Please
see the Privacy Act heading below.
Privacy Act: Anyone is able to search
the electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19477–78) or you may visit https://
DocketsInfo.dot.gov.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov, or the street
address listed above. Follow the online
instructions for accessing the dockets.
FOR FURTHER INFORMATION CONTACT: For
non-legal issues, you may call Mr.
George Soodoo, Office of Crash
Avoidance Standards (Phone: 202–366–
4931; FAX: 202–366–7002). For legal
issues, you may call Mr. Ari Scott,
Office of the Chief Counsel (Phone: 202–
366–2992; FAX: 202–366–3820). You
may send mail to these officials at:
National Highway Traffic Safety
Administration, 1200 New Jersey
Avenue, SE., Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Agency Analysis
III. Interim Final Rule and Shortened
Comment Period
IV. Public Participation
V. Rulemaking Analyses and Notices
I. Background
The final rule requiring antilock brake
systems (ABS) on truck tractors, other
air-braked heavy vehicles including
trailers, and hydraulic-braked trucks
was published in the Federal Register
(60 FR 13216) on March 10, 1995. As
amended by that final rule, FMVSS No.
121, Air Brake Systems, required two
separate in-cab ABS malfunction
indicator lamps for each truck tractor,
one for the tractor’s ABS (effective
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March 1, 1997) and the other for the
trailer’s ABS (effective March 1, 2001).
The final rule also required air-braked
trailers to be equipped with an
externally mounted ABS malfunction
lamp (effective March 1, 1998) so that
the driver of a non-ABS equipped
tractor or a pre-2001 ABS-equipped
tractor towing an ABS-equipped trailer
would be alerted in the event of a
malfunction in the trailer ABS.
The requirement for the trailermounted ABS malfunction indicator
lamp is currently scheduled to expire on
March 1, 2009. The agency established
this sunset date in light of the fact that,
after this eight-year period, many of the
pre-2001 tractors without the dedicated
trailer ABS malfunction indicator lamp
would no longer be in long-haul service.
The agency based its decision on the
belief that the typical tractor life was
five to seven years, and therefore
decided on an eight-year period for the
external ABS malfunction indicator
lamp requirement. We further stated our
belief that there would be no need for
a redundant ABS malfunction lamp
mounted on the trailer after the vast
majority of tractors were equipped with
an in-cab ABS malfunction indicator
lamp for the trailer.
As we have moved closer to the
March 1, 2009 sunset date, the agency
has received two petitions requesting
that the requirement for the ABS
malfunction indicator lamp be extended
or made permanent. These petitions
both came from the Commercial Vehicle
Safety Alliance (CVSA), an international
not-for-profit organization comprised of
local, state, provincial, territorial and
federal motor carrier safety officials and
industry representatives from the
United States, Canada, and Mexico. The
petitioner raised two main issues in
requesting a permanent extension. The
first relates to ensuring that a driver or
inspector can determine the operational
status of a trailer ABS, if the trailer is
not equipped with an external ABS
lamp or the tractor is a pre-2001 tractor
without the trailer in-cab ABS warning
lamp. The second relates to the use of
the external trailer ABS warning lamp
for diagnostic purposes.
II. Agency Analysis
In a separate notice of proposed
rulemaking (NPRM) published in
today’s Federal Register, we are
proposing to extend the trailer indicator
lamp requirement to March 1, 2011.
Such an extension would enable the
agency to fully analyze CVSA’s request
that the requirement be made
permanent.
Given the imminence of the March 1,
2009 sunset date, our decision on the
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accompanying NPRM will not be made
until after that date. To prevent the
requirement from expiring in the
meantime, potentially creating a
confusing time gap in the trailer
regulations should the agency
ultimately decide to extend it, we
decided to issue this interim final rule
providing a six-month extension.
Accordingly, NHTSA is extending the
sunset date by six months, from March
1, 2009 to September 1, 2009.
III. Interim Final Rule and Shortened
Comment Period
Given the imminence of the March 1,
2009 sunset date for the requirement
that trailers with antilock brake systems
be equipped with an external antilock
malfunction indicator lamp, we find
good cause for this interim final rule
providing a six-month extension.
Without this interim final rule, a
confusing time gap in the vehicles
subject to the requirement could
potentially occur, should the agency
ultimately decide to extend the
requirement. Further, we find good
cause to make it effective on February
28, 2009. We are accepting comments
on this interim final rule.
Furthermore, given the short
timeframe of this interim final rule, we
are providing only a 30-day comment
period. Because the full duration of the
extension is only six months, and due
to the fact that NHTSA will be
considering the policy issues addressed
in the outstanding petitions during this
period in the context of the
accompanying NPRM, we believe it is
appropriate to provide a short comment
period.
IV. Public Participation
How do I prepare and submit
comments?
Your comments must be written and
in English. To ensure that your
comments are correctly filed in the
Docket, please include the docket
number of this document in your
comments.
Your comments must not be more
than 15 pages long. (49 CFR 553.21). We
established this limit to encourage you
to write your primary comments in a
concise fashion. However, you may
attach necessary additional documents
to your comments. There is no limit on
the length of the attachments.
Please submit two copies of your
comments, including the attachments,
to Docket Management at the address
given above under ADDRESSES.
Comments may also be submitted to
the docket electronically by logging onto
the Docket Management System Web
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site at https://www.regulations.gov.
Follow the online instructions for
submitting comments.
Please note that pursuant to the Data
Quality Act, in order for substantive
data to be relied upon and used by the
agency, it must meet the information
quality standards set forth in the OMB
and DOT Data Quality Act guidelines.
Accordingly, we encourage you to
consult the guidelines in preparing your
comments. OMB’s guidelines may be
accessed at https://www.whitehouse.gov/
omb/fedreg/reproducible.html. DOT’s
guidelines may be accessed at https://
dms.dot.gov.
How can I be sure that my comments
were received?
If you wish Docket Management to
notify you upon its receipt of your
comments, enclose a self-addressed,
stamped postcard in the envelope
containing your comments. Upon
receiving your comments, Docket
Management will return the postcard by
mail.
How do I submit confidential business
information?
If you wish to submit any information
under a claim of confidentiality, you
should submit three copies of your
complete submission, including the
information you claim to be confidential
business information, to the Chief
Counsel, NHTSA, at the address given
above under FOR FURTHER INFORMATION
CONTACT. In addition, you should
submit two copies, from which you
have deleted the claimed confidential
business information, to Docket
Management at the address given above
under ADDRESSES. When you send a
comment containing information
claimed to be confidential business
information, you should include a cover
letter setting forth the information
specified in our confidential business
information regulation. (49 CFR Part
512.)
Will the agency consider late
comments?
We will consider all comments that
Docket Management receives before the
close of business on the comment
closing date indicated above under
DATES. To the extent possible, we will
also consider comments that Docket
Management receives after that date. If
Docket Management receives a comment
too late for us to consider in developing
a final rule (assuming that one is
issued), we will consider that comment
as an informal suggestion for future
rulemaking action.
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How can I read the comments submitted
by other people?
they are already installing for an
additional six months.
You may read the comments received
by Docket Management at the address
given above under ADDRESSES. The
hours of the Docket are indicated above
in the same location. You may also see
the comments on the Internet. To read
the comments on the Internet, go to
https://www.regulations.gov. Follow the
online instructions for accessing the
dockets.
Please note that even after the
comment closing date, we will continue
to file relevant information in the
Docket as it becomes available. Further,
some people may submit late comments.
Accordingly, we recommend that you
periodically check the Docket for new
material.
Executive Order 13132 (Federalism)
NHTSA has examined today’s interim
final rule pursuant to Executive Order
13132 (64 FR 43255, August 10, 1999)
and concluded that no additional
consultation with States, local
governments or their representatives is
mandated beyond the rulemaking
process. The agency has concluded that
the rule does not have federalism
implications because it does not have
‘‘substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.’’
Further, no consultation is needed to
discuss the preemptive effect of today’s
rule. NHTSA’s safety standards can
have preemptive effect in at least two
ways. First, the National Traffic and
Motor Vehicle Safety Act contains an
express preemption provision: ‘‘When a
motor vehicle safety standard is in effect
under this chapter, a State or a political
subdivision of a State may prescribe or
continue in effect a standard applicable
to the same aspect of performance of a
motor vehicle or motor vehicle
equipment only if the standard is
identical to the standard prescribed
under this chapter.’’ 49 U.S.C.
30103(b)(1). It is this statutory command
that unavoidably preempts State
legislative and administrative law, not
today’s rulemaking, so consultation
would be unnecessary.
Second, the Supreme Court has
recognized the possibility of implied
preemption: State requirements
imposed on motor vehicle
manufacturers, including sanctions
imposed by State tort law, can stand as
an obstacle to the accomplishment and
execution of a NHTSA safety standard.
When such a conflict is discerned, the
Supremacy Clause of the Constitution
makes the State requirements
unenforceable. See Geier v. American
Honda Motor Co., 529 U.S. 861 (2000).
NHTSA has considered today’s interim
final rule and does not currently foresee
any potential State requirements that
might conflict with it. Without any
conflict, there could not be any implied
preemption.
V. Rulemaking Analyses and Notices
Executive Order 12866 and DOT
Regulatory Policies and Procedures
This action was not reviewed by the
Office of Management and Budget under
E.O. 12866. The agency has considered
the impact of this action under the
Department of Transportation’s
regulatory policies and procedures (44
FR 11034; February 26, 1979), and has
determined that it is not ‘‘significant’’
under them.
This document delays the sunset date
of the antilock malfunction indicator
lamp requirement from March 1, 2009 to
September 1, 2009. Since trailers
manufactured after March 1, 1998 have
already been complying with the
requirement and the agency is merely
extending the requirement for an
additional six months, the impact on
costs is not significant. Not supplying a
lamp could result in a trailer that could
be made for a few dollars less. We
estimate the costs to be so minimal that
preparation of a full regulatory
evaluation is not required.
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Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility
Act, 5 U.S.C. 601 et seq., NHTSA has
evaluated the effects of this action on
small entities. I hereby certify that this
interim final rule will not have a
significant impact on a substantial
number of small entities. This interim
final rule merely extends for six months
a sunset provision in FMVSS No. 121.
No other changes are made in this
document. Small organizations and
small government units are not
significantly affected since this action
does not affect the price of new motor
vehicles. Trailer manufacturers are not
required to install new systems but
rather continue to install the systems
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Executive Order 12988 (Civil Justice
Reform)
With respect to the review of the
promulgation of a new regulation,
section 3(b) of Executive Order 12988,
‘‘Civil Justice Reform’’ (61 FR 4729,
February 7, 1996) requires that
Executive agencies make every
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9175
reasonable effort to ensure that the
regulation: (1) Clearly specifies the
preemptive effect; (2) clearly specifies
the effect on existing Federal law or
regulation; (3) provides a clear legal
standard for affected conduct, while
promoting simplification and burden
reduction; (4) clearly specifies the
retroactive effect, if any; (5) adequately
defines key terms; and (6) addresses
other important issues affecting clarity
and general draftsmanship under any
guidelines issued by the Attorney
General. This document is consistent
with that requirement.
Pursuant to this Order, NHTSA notes
as follows. The preemptive effect of this
rule is discussed above. NHTSA notes
further that there is no requirement that
individuals submit a petition for
reconsideration or pursue other
administrative proceeding before they
may file suit in court.
Protection of Children From
Environmental Health and Safety Risks
Executive Order 13045, ‘‘Protection of
Children from Environmental Health
and Safety Risks’’ (62 FR 19855, April
23, 1997), applies to any rule that: (1)
Is determined to be ‘‘economically
significant’’ as defined under Executive
Order 12866, and (2) concerns an
environmental, health, or safety risk that
the agency has reason to believe may
have a disproportionate effect on
children. If the regulatory action meets
both criteria, the agency must evaluate
the environmental health or safety
effects of the planned rule on children,
and explain why the planned regulation
is preferable to other potentially
effective and reasonably feasible
alternatives considered by the agency.
This document is not expected to
affect children and it is not an
economically significant regulatory
action under Executive Order 12866.
Consequently, no further analysis is
required under Executive Order 13045.
Paperwork Reduction Act
Under the Paperwork Reduction Act
of 1995 (PRA), a person is not required
to respond to a collection of information
by a Federal agency unless the
collection displays a valid OMB control
number. There is not any information
collection requirement associated with
this interim final rule.
National Technology Transfer and
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104–
113, (15 U.S.C. 272) directs the agency
to evaluate and use voluntary consensus
standards in its regulatory activities
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unless doing so would be inconsistent
with applicable law or is otherwise
impractical. Voluntary consensus
standards are technical standards (e.g.,
materials specifications, test methods,
sampling procedures, and business
practices) that are developed or adopted
by voluntary consensus standards
bodies, such as the Society of
Automotive Engineers. The NTTAA
directs us to provide Congress (through
OMB) with explanations when we
decide not to use available and
applicable voluntary consensus
standards. There are no voluntary
consensus standards developed by
voluntary consensus standards bodies
pertaining to this interim final rule.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 requires agencies to prepare a
written assessment of the costs, benefits
and other effects of proposed or final
rules that include a Federal mandate
likely to result in the expenditure by
State, local or tribal governments, in the
aggregate, or by the private sector, of
more than $100 million annually
(adjusted for inflation with base year of
1995). This interim final rule would not
result in expenditures by State, local or
tribal governments, in the aggregate, or
by the private sector in excess of $100
million annually.
National Environmental Policy Act
NHTSA has analyzed this rulemaking
action for the purposes of the National
Environmental Policy Act. The agency
has determined that implementation of
this action will not have any significant
impact on the quality of the human
environment.
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Executive Order 13211
Executive Order 13211 (66 FR 28355,
May 18, 2001) applies to any
rulemaking that: (1) Is determined to be
economically significant as defined
under E.O. 12866, and is likely to have
a significantly adverse effect on the
supply of, distribution of, or use of
energy; or (2) that is designated by the
Administrator of the Office of
Information and Regulatory Affairs as a
significant energy action. This
rulemaking is not subject to E.O. 13211.
Plain Language
Executive Order 12866 and the
President’s memorandum of June 1,
1998, require each agency to write all
rules in plain language. Application of
the principles of plain language
includes consideration of the following
questions:
• Have we organized the material to
suit the public’s needs?
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• Are the requirements in the rule
clearly stated?
• Does the rule contain technical
language or jargon that isn’t clear?
• Would a different format (grouping
and order of sections, use of headings,
paragraphing) make the rule easier to
understand?
• Would more (but shorter) sections
be better?
• Could we improve clarity by adding
tables, lists, or diagrams?
• What else could we do to make the
rule easier to understand?
If you have any responses to these
questions, please include them in your
comments on this proposal.
Regulatory Identifier Number (RIN)
The Department of Transportation
assigns a regulation identifier number
(RIN) 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. You may use the RIN contained in
the heading at the beginning of this
document to find this action in the
Unified Agenda.
Privacy Act
Anyone is able to search the
electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (Volume
65, Number 70; Pages 19477–78) or you
may visit https://www.regulations.gov.
List of Subjects in 49 CFR Part 571
Imports, Motor vehicle safety, Motor
vehicles, and Tires.
■ In consideration of the foregoing,
NHTSA is amending 49 CFR part 571 as
set forth below.
PART 571—FEDERAL MOTOR
VEHICLE SAFETY STANDARDS
1. The authority citation for part 571
continues to read as follows:
■
Authority: 49 U.S.C. 322, 30111, 30115,
30117 and 30166; delegation of authority at
49 CFR 1.50.
2. Section 571.121 is amended by
revising S5.2.3.3(a) to read as follows:
■
§ 571.121
systems.
Standard No. 121; Air brake
*
*
*
*
*
S5.2.3.3 Antilock malfunction
indicator.
(a) In addition to the requirements of
S5.2.3.2, each trailer and trailer
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converter dolly manufactured on or after
March 1, 1998, and before September 1,
2009, shall be equipped with an
external antilock malfunction indicator
lamp that meets the requirements of
S5.2.3.3(b) through (d).
*
*
*
*
*
Issued: February 26, 2009.
Ronald L. Medford,
Acting Deputy Administrator.
[FR Doc. E9–4492 Filed 2–27–09; 11:15 am]
BILLING CODE 4910–59–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 0810141351—9087—02]
RIN 0648–XN54
Fisheries of the Exclusive Economic
Zone Off Alaska; Opening Directed
Fishing for Pacific Cod by Catcher
Vessels Greater Than or Equal to 60
feet (18.3 m) Length Overall Using Pot
Gear in the Bering Sea and Aleutian
Islands management area
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; opening.
SUMMARY: NMFS is opening directed
fishing for Pacific cod by catcher vessels
greater than or equal to 60 feet (18.3 m)
length overall (LOA) using pot gear in
the Bering Sea and Aleutian Islands
management area (BSAI). This action is
necessary to fully use the A season
allowance of the 2009 total allowable
catch (TAC) of Pacific cod by catcher
vessels greater than or equal to 60 feet
(18.3 m) LOA using pot gear in the
BSAI.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), March 1, 2009, through
1200 hrs, A.l.t., June 10, 2009.
Comments must be received at the
following address no later than 4:30
p.m., A.l.t., March 13, 2009.
ADDRESSES: Send comments to Sue
Salveson, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region, NMFS, Attn:
Ellen Sebastian. You may submit
comments, identified by RIN
0648-XN54, by any one of the following
methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal website at
https://www.regulations.gov.
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Agencies
[Federal Register Volume 74, Number 40 (Tuesday, March 3, 2009)]
[Rules and Regulations]
[Pages 9173-9176]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-4492]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
49 CFR Part 571
[Docket No. NHTSA-2009-0038]
RIN 2127-AK44
Federal Motor Vehicle Safety Standard; Air Brake Systems
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Interim final rule, request for comments.
-----------------------------------------------------------------------
SUMMARY: This document extends for six months a requirement that
trailers with antilock brake systems be equipped with an external
antilock malfunction indicator lamp. This requirement, which is
included in the Federal motor vehicle safety standard that governs
vehicles equipped with air brakes, is currently scheduled to sunset on
March 1, 2009. As a result of this interim final rule, the sunset date
is September 1, 2009. We are taking this action in connection with our
consideration of a petition for rulemaking from the Commercial Vehicle
Safety Alliance (CVSA) requesting that the requirement be made
permanent. In a separate document, we are proposing a further extension
of the requirement, to March 1, 2011. This interim final rule prevents
the occurrence of a potential time gap for the vehicles that are
subject to the requirement, should the agency ultimately decide to
further extend the time period.
DATES: Effective Date: The amendment made in this rule is effective
February 28, 2009.
Comment Period: You should submit your comments early enough to
ensure that the Docket receives them not later than April 2, 2009.
Comments may be combined with ones on the accompanying notice of
proposed rulemaking, which is being published today using the same
docket number.
ADDRESSES: You may submit comments to the docket number identified in
the heading of this document by any of the following methods:
Federal eRulemaking Portal: Go to https://
www.regulations.gov. Follow the online instructions for submitting
comments.
Mail: Docket Management Facility: U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
Hand Delivery or Courier: 1200 New Jersey Avenue, SE.,
West Building Ground Floor, Room W12-140, between 9 a.m. and 5 p.m. ET,
Monday through Friday, except Federal holidays.
Fax: 202-493-2251.
Instructions: For detailed instructions on submitting comments and
additional information on the rulemaking process, see the Public
Participation heading of the Supplementary Information section of this
document. Note that all comments received will be posted without change
to https://www.regulations.gov, including any personal information
provided. Please see the Privacy Act heading below.
Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78) or you may visit https://
DocketsInfo.dot.gov.
Docket: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov, or the street
address listed above. Follow the online instructions for accessing the
dockets.
FOR FURTHER INFORMATION CONTACT: For non-legal issues, you may call Mr.
George Soodoo, Office of Crash Avoidance Standards (Phone: 202-366-
4931; FAX: 202-366-7002). For legal issues, you may call Mr. Ari Scott,
Office of the Chief Counsel (Phone: 202-366-2992; FAX: 202-366-3820).
You may send mail to these officials at: National Highway Traffic
Safety Administration, 1200 New Jersey Avenue, SE., Washington, DC
20590.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Agency Analysis
III. Interim Final Rule and Shortened Comment Period
IV. Public Participation
V. Rulemaking Analyses and Notices
I. Background
The final rule requiring antilock brake systems (ABS) on truck
tractors, other air-braked heavy vehicles including trailers, and
hydraulic-braked trucks was published in the Federal Register (60 FR
13216) on March 10, 1995. As amended by that final rule, FMVSS No. 121,
Air Brake Systems, required two separate in-cab ABS malfunction
indicator lamps for each truck tractor, one for the tractor's ABS
(effective
[[Page 9174]]
March 1, 1997) and the other for the trailer's ABS (effective March 1,
2001). The final rule also required air-braked trailers to be equipped
with an externally mounted ABS malfunction lamp (effective March 1,
1998) so that the driver of a non-ABS equipped tractor or a pre-2001
ABS-equipped tractor towing an ABS-equipped trailer would be alerted in
the event of a malfunction in the trailer ABS.
The requirement for the trailer-mounted ABS malfunction indicator
lamp is currently scheduled to expire on March 1, 2009. The agency
established this sunset date in light of the fact that, after this
eight-year period, many of the pre-2001 tractors without the dedicated
trailer ABS malfunction indicator lamp would no longer be in long-haul
service. The agency based its decision on the belief that the typical
tractor life was five to seven years, and therefore decided on an
eight-year period for the external ABS malfunction indicator lamp
requirement. We further stated our belief that there would be no need
for a redundant ABS malfunction lamp mounted on the trailer after the
vast majority of tractors were equipped with an in-cab ABS malfunction
indicator lamp for the trailer.
As we have moved closer to the March 1, 2009 sunset date, the
agency has received two petitions requesting that the requirement for
the ABS malfunction indicator lamp be extended or made permanent. These
petitions both came from the Commercial Vehicle Safety Alliance (CVSA),
an international not-for-profit organization comprised of local, state,
provincial, territorial and federal motor carrier safety officials and
industry representatives from the United States, Canada, and Mexico.
The petitioner raised two main issues in requesting a permanent
extension. The first relates to ensuring that a driver or inspector can
determine the operational status of a trailer ABS, if the trailer is
not equipped with an external ABS lamp or the tractor is a pre-2001
tractor without the trailer in-cab ABS warning lamp. The second relates
to the use of the external trailer ABS warning lamp for diagnostic
purposes.
II. Agency Analysis
In a separate notice of proposed rulemaking (NPRM) published in
today's Federal Register, we are proposing to extend the trailer
indicator lamp requirement to March 1, 2011. Such an extension would
enable the agency to fully analyze CVSA's request that the requirement
be made permanent.
Given the imminence of the March 1, 2009 sunset date, our decision
on the accompanying NPRM will not be made until after that date. To
prevent the requirement from expiring in the meantime, potentially
creating a confusing time gap in the trailer regulations should the
agency ultimately decide to extend it, we decided to issue this interim
final rule providing a six-month extension.
Accordingly, NHTSA is extending the sunset date by six months, from
March 1, 2009 to September 1, 2009.
III. Interim Final Rule and Shortened Comment Period
Given the imminence of the March 1, 2009 sunset date for the
requirement that trailers with antilock brake systems be equipped with
an external antilock malfunction indicator lamp, we find good cause for
this interim final rule providing a six-month extension. Without this
interim final rule, a confusing time gap in the vehicles subject to the
requirement could potentially occur, should the agency ultimately
decide to extend the requirement. Further, we find good cause to make
it effective on February 28, 2009. We are accepting comments on this
interim final rule.
Furthermore, given the short timeframe of this interim final rule,
we are providing only a 30-day comment period. Because the full
duration of the extension is only six months, and due to the fact that
NHTSA will be considering the policy issues addressed in the
outstanding petitions during this period in the context of the
accompanying NPRM, we believe it is appropriate to provide a short
comment period.
IV. Public Participation
How do I prepare and submit comments?
Your comments must be written and in English. To ensure that your
comments are correctly filed in the Docket, please include the docket
number of this document in your comments.
Your comments must not be more than 15 pages long. (49 CFR 553.21).
We established this limit to encourage you to write your primary
comments in a concise fashion. However, you may attach necessary
additional documents to your comments. There is no limit on the length
of the attachments.
Please submit two copies of your comments, including the
attachments, to Docket Management at the address given above under
ADDRESSES.
Comments may also be submitted to the docket electronically by
logging onto the Docket Management System Web site at https://
www.regulations.gov. Follow the online instructions for submitting
comments.
Please note that pursuant to the Data Quality Act, in order for
substantive data to be relied upon and used by the agency, it must meet
the information quality standards set forth in the OMB and DOT Data
Quality Act guidelines. Accordingly, we encourage you to consult the
guidelines in preparing your comments. OMB's guidelines may be accessed
at https://www.whitehouse.gov/omb/fedreg/reproducible.html. DOT's
guidelines may be accessed at https://dms.dot.gov.
How can I be sure that my comments were received?
If you wish Docket Management to notify you upon its receipt of
your comments, enclose a self-addressed, stamped postcard in the
envelope containing your comments. Upon receiving your comments, Docket
Management will return the postcard by mail.
How do I submit confidential business information?
If you wish to submit any information under a claim of
confidentiality, you should submit three copies of your complete
submission, including the information you claim to be confidential
business information, to the Chief Counsel, NHTSA, at the address given
above under FOR FURTHER INFORMATION CONTACT. In addition, you should
submit two copies, from which you have deleted the claimed confidential
business information, to Docket Management at the address given above
under ADDRESSES. When you send a comment containing information claimed
to be confidential business information, you should include a cover
letter setting forth the information specified in our confidential
business information regulation. (49 CFR Part 512.)
Will the agency consider late comments?
We will consider all comments that Docket Management receives
before the close of business on the comment closing date indicated
above under DATES. To the extent possible, we will also consider
comments that Docket Management receives after that date. If Docket
Management receives a comment too late for us to consider in developing
a final rule (assuming that one is issued), we will consider that
comment as an informal suggestion for future rulemaking action.
[[Page 9175]]
How can I read the comments submitted by other people?
You may read the comments received by Docket Management at the
address given above under ADDRESSES. The hours of the Docket are
indicated above in the same location. You may also see the comments on
the Internet. To read the comments on the Internet, go to https://
www.regulations.gov. Follow the online instructions for accessing the
dockets.
Please note that even after the comment closing date, we will
continue to file relevant information in the Docket as it becomes
available. Further, some people may submit late comments. Accordingly,
we recommend that you periodically check the Docket for new material.
V. Rulemaking Analyses and Notices
Executive Order 12866 and DOT Regulatory Policies and Procedures
This action was not reviewed by the Office of Management and Budget
under E.O. 12866. The agency has considered the impact of this action
under the Department of Transportation's regulatory policies and
procedures (44 FR 11034; February 26, 1979), and has determined that it
is not ``significant'' under them.
This document delays the sunset date of the antilock malfunction
indicator lamp requirement from March 1, 2009 to September 1, 2009.
Since trailers manufactured after March 1, 1998 have already been
complying with the requirement and the agency is merely extending the
requirement for an additional six months, the impact on costs is not
significant. Not supplying a lamp could result in a trailer that could
be made for a few dollars less. We estimate the costs to be so minimal
that preparation of a full regulatory evaluation is not required.
Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility Act, 5 U.S.C. 601 et seq.,
NHTSA has evaluated the effects of this action on small entities. I
hereby certify that this interim final rule will not have a significant
impact on a substantial number of small entities. This interim final
rule merely extends for six months a sunset provision in FMVSS No. 121.
No other changes are made in this document. Small organizations and
small government units are not significantly affected since this action
does not affect the price of new motor vehicles. Trailer manufacturers
are not required to install new systems but rather continue to install
the systems they are already installing for an additional six months.
Executive Order 13132 (Federalism)
NHTSA has examined today's interim final rule pursuant to Executive
Order 13132 (64 FR 43255, August 10, 1999) and concluded that no
additional consultation with States, local governments or their
representatives is mandated beyond the rulemaking process. The agency
has concluded that the rule does not have federalism implications
because it does not have ``substantial direct effects on the States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government.''
Further, no consultation is needed to discuss the preemptive effect
of today's rule. NHTSA's safety standards can have preemptive effect in
at least two ways. First, the National Traffic and Motor Vehicle Safety
Act contains an express preemption provision: ``When a motor vehicle
safety standard is in effect under this chapter, a State or a political
subdivision of a State may prescribe or continue in effect a standard
applicable to the same aspect of performance of a motor vehicle or
motor vehicle equipment only if the standard is identical to the
standard prescribed under this chapter.'' 49 U.S.C. 30103(b)(1). It is
this statutory command that unavoidably preempts State legislative and
administrative law, not today's rulemaking, so consultation would be
unnecessary.
Second, the Supreme Court has recognized the possibility of implied
preemption: State requirements imposed on motor vehicle manufacturers,
including sanctions imposed by State tort law, can stand as an obstacle
to the accomplishment and execution of a NHTSA safety standard. When
such a conflict is discerned, the Supremacy Clause of the Constitution
makes the State requirements unenforceable. See Geier v. American Honda
Motor Co., 529 U.S. 861 (2000). NHTSA has considered today's interim
final rule and does not currently foresee any potential State
requirements that might conflict with it. Without any conflict, there
could not be any implied preemption.
Executive Order 12988 (Civil Justice Reform)
With respect to the review of the promulgation of a new regulation,
section 3(b) of Executive Order 12988, ``Civil Justice Reform'' (61 FR
4729, February 7, 1996) requires that Executive agencies make every
reasonable effort to ensure that the regulation: (1) Clearly specifies
the preemptive effect; (2) clearly specifies the effect on existing
Federal law or regulation; (3) provides a clear legal standard for
affected conduct, while promoting simplification and burden reduction;
(4) clearly specifies the retroactive effect, if any; (5) adequately
defines key terms; and (6) addresses other important issues affecting
clarity and general draftsmanship under any guidelines issued by the
Attorney General. This document is consistent with that requirement.
Pursuant to this Order, NHTSA notes as follows. The preemptive
effect of this rule is discussed above. NHTSA notes further that there
is no requirement that individuals submit a petition for
reconsideration or pursue other administrative proceeding before they
may file suit in court.
Protection of Children From Environmental Health and Safety Risks
Executive Order 13045, ``Protection of Children from Environmental
Health and Safety Risks'' (62 FR 19855, April 23, 1997), applies to any
rule that: (1) Is determined to be ``economically significant'' as
defined under Executive Order 12866, and (2) concerns an environmental,
health, or safety risk that the agency has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, the agency must evaluate the environmental health or
safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the agency.
This document is not expected to affect children and it is not an
economically significant regulatory action under Executive Order 12866.
Consequently, no further analysis is required under Executive Order
13045.
Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995 (PRA), a person is not
required to respond to a collection of information by a Federal agency
unless the collection displays a valid OMB control number. There is not
any information collection requirement associated with this interim
final rule.
National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, (15 U.S.C. 272) directs the
agency to evaluate and use voluntary consensus standards in its
regulatory activities
[[Page 9176]]
unless doing so would be inconsistent with applicable law or is
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies, such as the Society of Automotive
Engineers. The NTTAA directs us to provide Congress (through OMB) with
explanations when we decide not to use available and applicable
voluntary consensus standards. There are no voluntary consensus
standards developed by voluntary consensus standards bodies pertaining
to this interim final rule.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 requires agencies to
prepare a written assessment of the costs, benefits and other effects
of proposed or final rules that include a Federal mandate likely to
result in the expenditure by State, local or tribal governments, in the
aggregate, or by the private sector, of more than $100 million annually
(adjusted for inflation with base year of 1995). This interim final
rule would not result in expenditures by State, local or tribal
governments, in the aggregate, or by the private sector in excess of
$100 million annually.
National Environmental Policy Act
NHTSA has analyzed this rulemaking action for the purposes of the
National Environmental Policy Act. The agency has determined that
implementation of this action will not have any significant impact on
the quality of the human environment.
Executive Order 13211
Executive Order 13211 (66 FR 28355, May 18, 2001) applies to any
rulemaking that: (1) Is determined to be economically significant as
defined under E.O. 12866, and is likely to have a significantly adverse
effect on the supply of, distribution of, or use of energy; or (2) that
is designated by the Administrator of the Office of Information and
Regulatory Affairs as a significant energy action. This rulemaking is
not subject to E.O. 13211.
Plain Language
Executive Order 12866 and the President's memorandum of June 1,
1998, require each agency to write all rules in plain language.
Application of the principles of plain language includes consideration
of the following questions:
Have we organized the material to suit the public's needs?
Are the requirements in the rule clearly stated?
Does the rule contain technical language or jargon that
isn't clear?
Would a different format (grouping and order of sections,
use of headings, paragraphing) make the rule easier to understand?
Would more (but shorter) sections be better?
Could we improve clarity by adding tables, lists, or
diagrams?
What else could we do to make the rule easier to
understand?
If you have any responses to these questions, please include them in
your comments on this proposal.
Regulatory Identifier Number (RIN)
The Department of Transportation assigns a regulation identifier
number (RIN) 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. You may
use the RIN contained in the heading at the beginning of this document
to find this action in the Unified Agenda.
Privacy Act
Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit
https://www.regulations.gov.
List of Subjects in 49 CFR Part 571
Imports, Motor vehicle safety, Motor vehicles, and Tires.
0
In consideration of the foregoing, NHTSA is amending 49 CFR part 571 as
set forth below.
PART 571--FEDERAL MOTOR VEHICLE SAFETY STANDARDS
0
1. The authority citation for part 571 continues to read as follows:
Authority: 49 U.S.C. 322, 30111, 30115, 30117 and 30166;
delegation of authority at 49 CFR 1.50.
0
2. Section 571.121 is amended by revising S5.2.3.3(a) to read as
follows:
Sec. 571.121 Standard No. 121; Air brake systems.
* * * * *
S5.2.3.3 Antilock malfunction indicator.
(a) In addition to the requirements of S5.2.3.2, each trailer and
trailer converter dolly manufactured on or after March 1, 1998, and
before September 1, 2009, shall be equipped with an external antilock
malfunction indicator lamp that meets the requirements of S5.2.3.3(b)
through (d).
* * * * *
Issued: February 26, 2009.
Ronald L. Medford,
Acting Deputy Administrator.
[FR Doc. E9-4492 Filed 2-27-09; 11:15 am]
BILLING CODE 4910-59-P