Parts and Accessories Necessary for Safe Operation; Saddle-Mount Braking Requirements, 9717-9721 [2011-3911]
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Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / Proposed Rules
drums, and corrugated and solid fiberboard
boxes).
(b)(1) Except as provided in paragraph
(b)(2) of this clause, the Contractor shall affix
passive RFID tags, at the case- and palletizedunit-load packaging levels, for shipments of
items that—
(i) Are in any of the following classes of
supply, as defined in DoD 4140.1–R, DoD
Supply Chain Materiel Management
Regulation, AP1.1.11:
(A) Subclass of Class I—Packaged
operational rations.
(B) Class II—Clothing, individual
equipment, tentage, organizational tool kits,
mstockstill on DSKH9S0YB1PROD with PROPOSALS
Contract line,
subline, or
exhibit line
item number
Location name
City
(2) The following are excluded from the
requirements of paragraph (b)(1) of this
clause:
(i) Shipments of bulk commodities.
(ii) Shipments to locations other than
Defense Distribution Depots when the
contract includes the clause at FAR 52.213–
1, Fast Payment Procedures.
(c) The Contractor shall—
(1) Ensure that the data encoded on each
passive RFID tag are globally unique (i.e., the
tag ID is never repeated across two or more
RFID tags) and conforms to the requirements
in paragraph (d) of this clause;
(2) Use passive tags that are readable; and
(3) Ensure that the passive tag is affixed at
the appropriate location on the specific level
of packaging, in accordance with MIL–STD–
129 (Section 4.9.2) tag placement
specifications.
(d) Data syntax and standards. The
Contractor shall encode an approved RFID
tag using the instructions provided in the
EPCTM Tag Data Standards in effect at the
time of contract award. The EPCTM Tag Data
Standards are available at https://
www.epcglobalinc.org/standards/.
(1) If the Contractor is an EPCglobalTM
subscriber and possesses a unique EPCTM
company prefix, the Contractor may use any
of the identifiers and encoding instructions
described in the most recent EPCTM Tag Data
Standards document to encode tags.
(2) If the Contractor chooses to employ the
DoD identifier, the Contractor shall use its
previously assigned Commercial and
Government Entity (CAGE) code and shall
encode the tags in accordance with the tag
identifier details located at https://
www.acq.osd.mil/log/rfid/tag_data.htm. If
the Contractor uses a third-party packaging
house to encode its tags, the CAGE code of
the third-party packaging house is
acceptable.
(3) Regardless of the selected encoding
scheme, the Contractor with which the
Department holds the contract is responsible
for ensuring that the tag ID encoded on each
passive RFID tag is globally unique, per the
requirements in paragraph (c)(1).
VerDate Mar<15>2010
hand tools, and administrative and
housekeeping supplies and equipment.
(C) Class IIIP—Packaged petroleum,
lubricants, oils, preservatives, chemicals, and
additives.
(D) Class IV—Construction and barrier
materials.
(E) Class VI—Personal demand items (nonmilitary sales items).
(F) Subclass of Class VIII—Medical
materials including pharmaceuticals,
(excluding biologicals, and reagents—
suppliers should limit the mixing of
excluded and non-excluded materials).
16:42 Feb 18, 2011
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State
(e) Advance shipment notice. The
Contractor shall use Wide Area Workflow
(WAWF), as prescribed in DFARS 252.232–
7003, Electronic Submission of Payment
Requests, to electronically submit advance
shipment notice(s) with the RFID tag ID(s)
(specified in paragraph (d) of this clause) in
advance of the shipment in accordance with
the procedures at https://wawf.eb.mil/.
(End of clause)
[FR Doc. 2011–3759 Filed 2–18–11; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Part 393
[Docket No. FMCSA–2010–0271]
RIN–2126–AB30
Parts and Accessories Necessary for
Safe Operation; Saddle-Mount Braking
Requirements
Federal Motor Carrier Safety
Administration, DOT.
ACTION: Notice of proposed rulemaking;
request for comments.
AGENCY:
The Federal Motor Carrier
Safety Administration (FMCSA)
proposes to amend the Federal Motor
Carrier Safety Regulations (FMCSRs) by
eliminating the requirement for
operational brakes on the last saddlemounted truck or tractor in a triple
saddle-mount combination, except
when a full mount is present. This is in
response to a petition for rulemaking
from the Automobile Carriers
Conference (ACC) of the American
Trucking Associations. Currently, the
SUMMARY:
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(G) Class IX—Repair parts and components
including kits, assemblies and subassemblies,
reparable and consumable items required for
maintenance support of all equipment,
excluding medical-peculiar repair parts; and
(ii) Are being shipped to one of the
locations listed at https://www.acq.osd.mil/
log/rfid/or to—
(A) A location outside the contiguous
United States when the shipment has been
assigned Transportation Priority 1 or to—
(B) The following location(s) deemed
necessary by the requiring activity:
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DoDAAC
FMCSRs require operational brakes on
any wheel of a saddle-mounted vehicle
that is in contact with the roadway. ACC
contends that this requirement degrades
the braking performance of these
combinations because the lightly loaded
axle of the last vehicle tends to lock up
under heavy braking, and submitted test
results supporting this position.
DATES: Send your comments on or
before April 25, 2011.
ADDRESSES: You may submit comments
identified by Docket ID Number
FMCSA–2010–0271 by any of the
following methods:
Federal eRulemaking Portal: 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: West
Building, Ground Floor, Room W12–
140, 1200 New Jersey Avenue, SE.,
between 9 a.m. and 5 p.m. ET, Monday
through Friday except Federal holidays.
Fax: 202–493–2251.
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: Mr.
Brian J. Routhier, Vehicle and Roadside
Operations Division, Federal Motor
Carrier Safety Administration, 202–366–
1225, or brian.routhier@dot.gov, 1200
New Jersey Avenue, SE., Washington,
DC 20590–0001. Office hours are from 9
a.m. to 5 p.m. ET, Monday through
Friday, except Federal holidays.
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SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Public Participation and Request for
Comments
A. Submitting Comments
B. Viewing Comments and Documents
C. Privacy Act
II. Legal Basis for the Rulemaking
III. Background
IV. Agency Analysis
V. Discussion of Proposed Rule
VI. Regulatory Analyses
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I. Public Participation and Request for
Comments
FMCSA encourages you to participate
in this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you provide.
A. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (FMCSA–2010–0271),
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 e-mail 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
https://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 ‘‘Proposed Rules,’’ insert ‘‘FMCSA
2010–0271’’ 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 81⁄2 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.
B. Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble,
available in the docket, go to https://
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16:42 Feb 18, 2011
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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–
2010–0271’’ 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.
Monday through Friday, except Federal
holidays.
C. Privacy Act
Anyone may search the electronic
form of 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 notice published on
April 11, 2000 (65 FR 19476).
II. Legal Basis for the Rulemaking
This notice of proposed rulemaking
(NPRM) is based on the authority of the
Motor Carrier Act of 1935 and the Motor
Carrier Safety Act of 1984.
The Motor Carrier Act of 1935
provides that ‘‘The Secretary of
Transportation may prescribe
requirements for—(1) qualifications and
maximum hours of service of employees
of, and safety of operation and
equipment of, a motor carrier; 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)].
The braking amendments proposed
deal directly with the ‘‘safety of
operation and equipment of * * * a
motor carrier’’ [49 U.S.C. 31502(b)(1)]
and ‘‘standards of equipment of * * * a
motor private carrier’’ [49 U.S.C.
31502(b)(2)]. The proposal, adoption,
and enforcement of such rules were
authorized by the Motor Carrier Act of
1935. This proposal rests squarely on
that authority.
The Motor Carrier Safety Act of 1984
(the 1984 Act) provides concurrent
authority to regulate drivers, motor
carriers, and vehicle equipment. It
requires the Secretary of Transportation
to ‘‘prescribe regulations on commercial
motor vehicle safety. The regulations
shall prescribe minimum safety
standards for commercial motor
vehicles.’’ Although this authority is
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very broad, the Act also includes
specific requirements: ‘‘At a minimum,
the regulations shall ensure that—(1)
commercial motor vehicles are
maintained, equipped, loaded, and
operated safely; (2) the responsibilities
imposed on operators of commercial
motor vehicles do not impair their
ability to operate the vehicles safely; (3)
the physical condition of operators of
commercial motor vehicles is adequate
to enable them to operate the vehicles
safely * * *; and (4) the operation of
commercial motor vehicles does not
have a deleterious effect on the physical
condition of the operators’’ [49 U.S.C.
31136(a)].
This proposal is based on the
authority of the 1984 Act and addresses
the specific mandates of 49 U.S.C.
31136(a)(1). Neither § 31136(a)(2),
which deals almost entirely with the
operational demands placed on drivers,
nor § 31136(a)(3), which addresses
driver physical qualification standards,
is covered by this rulemaking. Section
31136(a)(4) deals with the effect of
driving on driver health, a subject this
proposal addresses indirectly: brake
lockup on saddle-mount combinations,
which the NPRM is intended to prevent,
might under some circumstances cause
the driver to lose control of the
commercial motor vehicle.
Before prescribing any regulations,
FMCSA must also consider their ‘‘costs
and benefits’’ [49 U.S.C. 31136(c)(2)(A)
and 31502(d)]. Those factors are
discussed in the RegulatoryAnalyses
section of this proposal.
III. Background
ACC of the American Trucking
Associations represents motor carriers
that transport motor vehicles ranging
from automobiles to Class 8 trucks. ACC
states that its members transport more
than 96 percent of all trucks moved by
the saddle-mount method.
On January 16, 2007, ACC submitted
a petition for rulemaking requesting that
the requirements for operational brakes
on the last saddle-mounted truck (the
fourth truck) in a triple saddle-mount
combination be eliminated. ACC
contends that this requirement actually
degrades the braking performance of
these combinations because the lightly
loaded axle of the last vehicle tends to
lock up under heavy braking,
potentially increasing stopping distance.
Stopping distances are specified in
the vehicle brake performance table at
§ 393.52(d) of title 49, Code of Federal
Regulations, which requires many
combination vehicles, including triple
saddle-mounts, to be able to stop within
40 feet or less from an initial speed of
20 mph. The FMCSRs do not specify
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minimum stopping distances from
higher speeds. They do, however,
specify performance requirements for
the emergency brakes, after the service
braking system has failed. Under the
§ 393.52(d) emergency braking
requirements, triple saddle-mounts
must be able to stop within 90 feet or
less from a speed of 20 mph. Further,
§ 393.71(a)(3) currently requires
operational brakes on any wheel of a
saddle-mounted vehicle that is in
contact with the highway.
Based on the results of braking tests
performed on various triple saddlemount combinations, as described
below, ACC requested that FMCSA
make two regulatory changes: (1)
Amend § 393.71(a)(3) to eliminate the
requirement for operational brakes on
the last saddle-mounted truck in a triple
saddle-mount combination; and (2)
amend § 393.71(c)(4) to require that a
triple saddle-mount with any vehicle
full-mounted on it have effective brakes
acting on those wheels in contact with
the roadway.
ACC presented brake performance
results from tests conducted by
Radlinski & Associates, Inc. [RAI] (now
known as Link-Radlinski, Inc.) in 1996
and 2002 in East Liberty, Ohio, on
behalf of the National Automobile
Transporters Association (NATA), as
well as supporting tests RAI conducted
for ATC Leasing Company (ATC) in
2003. RAI tested a total of 24 triple
saddle-mount combinations in the two
tests conducted for NATA and two
additional combinations in the ATC
test. Braking tests were conducted on
various saddle-mount combinations,
with overall lengths ranging from 53 to
96.9 feet, total weights ranging from
37,580 to 79,380 pounds, and with and
without antilock braking systems (ABS)
on the lead unit. Some of the
combinations tested exceeded 75 feet in
length—the Federal overall length limit
then in effect for triple saddle-mount
combinations—since the RAI tests were
conducted in part to support increases
in the overall length limits for saddlemount combinations. An overview of
the tests and corresponding results from
RAI is presented below, and a copy of
each test report is available in the
docket referenced at the beginning of
this document.
1996 Test: ‘‘Braking and Offtracking
Tests on Longer Saddlemount
Driveaway Combinations’’ 1
Stopping distance tests on five triple
saddle-mount vehicle combinations
1 Radlinski & Associates, Inc., Vehicle Systems
Consultants (August 1996). ‘‘Braking and
Offtracking Tests on Longer Saddlemount
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were conducted at speeds of 20, 40, and
55 mph. Three runs were made at each
speed, and the results were averaged. In
the 20 mph stops, the driver was
instructed to apply full braking force,
but at higher speeds he was told to make
a ‘‘best effort,’’ or modulated application,
to avoid wheel lockup and skidding.
Combinations were tested both with all
brakes operational and with the brakes
on the rearmost axle disconnected.
All five vehicle combinations, both
with and without the rearmost axle
brakes connected, met the § 393.52(d)
requirement that combinations be able
to stop within 40 feet or less from 20
mph. Further, in all tests completed at
40 and 55 mph, stopping distance was
reduced when the rearmost axle brakes
were disabled. An exception was noted
in which a vehicle stopped 1 foot
shorter with all brakes operational than
with rearmost axle brakes disconnected
(164 feet versus 165 feet, respectively),
but RAI did not consider the difference
(less than 1 percent) significant given
the variability in the data.
2002 Test: ‘‘Accident Avoidance
Performance of More Productive
Saddlemount Driveaway
Combinations’’ 2
Stopping distance tests on 19 triple
saddle-mount vehicle combinations
were conducted from a speed of 20
mph, with a reported average of two or
three test runs per combination vehicle.
In addition, emergency brake tests were
performed that require combination
vehicles to be able to stop from 20 mph
within 90 feet or less. Three types of
failures were introduced: front brake
circuit failure in the towing vehicle, rear
brake circuit failure in the towing
vehicle, and a failed towing line (i.e.,
the brakes on the towed unit were not
operational).
All 19 triple saddle-mount
combinations were tested with the
rearmost axle brakes connected, and 12
were tested with the rearmost axle
brakes disabled. In the latter group, all
of the units met the § 393.52(d) stopping
distance requirement of a maximum of
40 feet from 20 mph. Five units were
then tested for stopping distances from
both 40 and 55 mph. In all but one case,
stopping distance was reduced
significantly with the brakes on the
rearmost unit disabled. The exception
involved a 4 percent increase in
stopping distance with the brakes on the
last axle disconnected—a difference RAI
Driveaway Combinations.’’ Test conducted for the
National Automobile Transporters Association.
2 Radlinski & Associates, Inc., Vehicle Systems
Consultants (January 2002). ‘‘Accident Avoidance
Performance of More Productive Saddlemount
Driveaway Combinations.’’
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did not consider significant given the
variability in the data.
In the emergency braking tests, 12
combinations were tested in each of two
failure scenarios: failed front brakes and
failed rear brakes. Two of the units were
also tested with a third failure mode of
a failed towing control line. All of the
vehicles were able to stop within much
shorter distances than the 90-foot
maximum specified in § 393.52(d).
2003 Test: ‘‘Braking Performance of
Saddlemount Driveaway
Combinations’’ 3
Stopping distance tests were
conducted on one triple saddle-mount
combination vehicle from 20, 40, and 55
mph.4 Three runs were made at each
speed, and the results were averaged. In
the 20 mph stops, the driver was
instructed to apply full braking force,
but at the higher speeds he was directed
to make a ‘‘best effort,’’ or modulated
application, to avoid wheel lockup and
skidding. The combination was tested
with all brakes operational, and also
with the brakes on the rearmost axle in
the combination disconnected.
The triple saddle-mount combination,
both with and without the rearmost unit
braked, was able to stop shorter than the
20 mph service brake stopping distance
criterion of 40 feet or less in § 393.52(d).
Additionally, in all but one test
conducted at 40 and 55 mph, stopping
distance was reduced when the
rearmost axle brakes were disabled.
IV. Agency Analysis
These test results demonstrate that
triple saddle-mount driveaway
combinations (1) are able to meet the
performance requirements of § 393.52(d)
at various combinations of vehicle
weight and length with the brakes
disconnected on the rearmost towed
units (fourth truck), and (2) at higher
speeds, perform better when there are
no brakes on the rearmost towed unit.
Because the rearmost unit (fourth truck)
axle weight is less than half the axle
weight on the other towed units,
connecting the brakes on the rearmost
axle increases the likelihood of
premature wheel lockup and loss of
control due to skidding, and limits the
maximum deceleration of the overall
combination. Without brakes on the
rearmost unit, the driver can apply the
brakes harder on the lead unit and the
forward towed units, achieving a higher
deceleration. Disconnecting the brakes
3 Radlinski & Associates, Inc. Vehicle Systems
Consultants (May 2003). ‘‘Braking Performance of
Saddlemount Driveaway Combinations.’’ Test
conducted for ATC Leasing Company.
4 The 2003 test also included a double saddlemount configuration.
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on the rearmost unit also reduces the
total volume of air that must be
delivered to the towed vehicles, which
in turn reduces brake application time
and stopping distance.
In addition, ACC’s request to amend
the braking requirements for triple
saddle-mount combinations is based on
the same considerations FMCSA cited
in a final rule that permits motor
carriers to disconnect the service brakes
on unladen converter dollies
manufactured on or after March 1,
1998.5 (70 FR 48008, Aug. 15, 2005).
The axle weight of an unladen dolly is
so low that the wheels lock up under
hard braking. To ensure stability and
control, which are especially critical
during emergency braking, it is better to
disconnect the dolly’s brakes. Based on
testing performed in 1990 at the
National Highway Traffic Safety
Administration’s Vehicle Research and
Test Center, FMCSA stated in its final
rule:
Stability and control during braking is an
important consideration in determining
braking requirements for commercial motor
vehicles. While stopping distances for a
bobtail tractor towing an unladen converter
dolly could be improved in some situations
by requiring operable dolly brakes, they
could be significantly degraded in others.
When consideration is given to the
possibility of the converter dolly swinging
out as a result of wheel lock up, the FMCSA
believes the FMCSRs should be amended to
include an exception to the requirement for
operable brakes on unladen converter dollies.
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The last unit in a saddle-mount
combination has higher axle weights
than a converter dolly but behaves in
much the same way—i.e., the axle in
contact with the road locks up under
heavy braking, reducing controllability
and increasing the stopping distance of
the vehicle.
As noted previously, ACC requested
FMCSA to address this brakeperformance issue by amending both
§§ 393.71(a)(3) and 393.71(c)(4). The
latter provision requires that if a motor
vehicle towed by means of a double
saddle-mount has any vehicle fullmounted on it, the saddle-mounted
vehicle must at all times while so
loaded have effective brakes acting on
those wheels that are in contact with the
roadway. But § 393.71(c)(4) does not
5 FMCSA noted that with NHTSA’s March 10,
1995, final rule on ABS (60 FR 13216), the longterm need for this exception for unladen converter
dollies will diminish. An ABS-equipped converter
dolly will not have the stability and control
problems observed with unladen converter dollies
not equipped with ABS. Therefore, converter
dollies manufactured on or after March 1, 1998, the
effective date of the NHTSA requirement for ABS
on converter dollies, are not covered by the
exception.
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currently apply to triple saddle-mount
combinations having a full-mounted
vehicle. In this situation, the weight on
the rearmost axle will be increased, so
the brakes on the rearmost unit need to
be connected to ensure adequate braking
capability—unlike the circumstances
described earlier in which the lightly
loaded rear axle tends to skid and lose
control due to premature wheel lockup.
V. Discussion of Proposed Rule
Given the potential for increased
brake performance efficiencies
demonstrated in the test results
submitted by ACC, FMCSA agrees that
eliminating the requirement for
operational brakes on the last (or fourth)
saddle-mounted truck or tractor in a
triple saddle-mount combination would
likely produce safety benefits. We also
agree that when one or more vehicles
are full-mounted on a triple saddlemount combination, the FMCSRs
should continue to require operative
brakes on all wheels in contact with the
roadway.
As ACC requested, this proposed rule
would amend § 393.71(a)(3) to except
the last truck or tractor in a triple
saddle-mount configuration from the
requirement to have brakes acting on all
wheels in contact with the roadway.
Further, the proposal would apply to
any truck tractor being towed as the last
truck in a triple saddle-mount
configuration, regardless of whether it is
equipped with ABS (as required by
§ 393.55(c) for truck tractors
manufactured on or after March 1,
1997). Although § 393.55(c) excepts
truck tractors engaged in driveawaytowaway operations from the
requirement to have ABS, the exception
is moot for truck tractors built on or
after March 1, 1997. In saddle-mount
towing configurations, these truck
tractors have only an air line connection
between each vehicle, so no power is
available to operate the antilock sensors
and control modules in the towed
vehicles. The Agency recommends,
therefore, that the rearmost axle brakes
in a triple saddle-mount configuration
be disconnected even if equipped with
ABS.
This proposal also would broaden the
applicability of § 393.71(c)(4) to include
motor vehicles towed by means of a
triple saddle-mount configuration.
Under the proposed regulation, if a
motor vehicle towed by means of either
a double or triple saddle-mount has any
vehicle full-mounted on it, the saddlemounted vehicle would be required at
all times to have effective brakes acting
on those wheels in contact with the
roadway.
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In addition, the proposed rule would
revise § 393.42 to read, ‘‘Any
combination of motor vehicles with one
or two saddle-mounts.’’ This effectively
excepts triple saddle-mount
combinations in driveaway-towaway
operations from the requirement to have
brakes acting on all wheels. These
proposed changes are consistent with
the Agency’s mission of increasing
highway safety.
VI. Regulatory Analyses
Executive Order 12866 (Regulatory
Planning and Review)
This proposed rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Agency does not believe
implementing this proposed rule would
create new costs or cause an adverse
economic impact on the industry or the
public. Therefore, a full regulatory
evaluation is unnecessary.
FMCSA anticipates that this rule
could result in several benefits, chief
among them the increased safety
performance of triple saddle-mount
combination CMVs. By improving the
braking performance of these CMVs, the
proposed rule could reduce the number
of crashes in which they are involved.
This improved braking ability would
also increase the mechanical integrity of
these CMVs, providing an ancillary
safety benefit.
Tests conducted by Radlinski &
Associates, Inc. (now known as LinkRadlinski, Inc.) in 1996, 2002, and 2003,
discussed in the Background section of
this document, support the argument
that disconnecting the rearmost axle
brakes of triple saddle-mount
combination CMVs improves their
braking performance. FMCSA does not
have quantifiable data, however, that
would allow for an estimation of the
number of CMV crashes this change in
practice would prevent, and cannot
quantify this potential benefit.
This proposed rule would also reduce
regulatory burden on motor carriers by
eliminating the requirement to connect
the rearmost axle brakes on triple
saddle-mount CMVs. As with any
proposed elimination of an existing
regulation, reducing regulatory burden
on motor carriers has the potential to
lower associated compliance costs.
These cost savings are, however, likely
to be modest because the proposed rule
simply amends a practice that is not
particularly laborious or timeconsuming.
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Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / Proposed Rules
In addition, FMCSA does not expect
that this proposed rule would impose
costs upon affected motor carriers,
because the elimination of the current
requirement would not require motor
carriers to purchase new equipment,
parts, or accessories or to modify or alter
existing equipment or vehicles.
Regulatory Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) requires Federal
agencies to determine whether proposed
rules could have a significant economic
impact on a substantial number of small
entities. The Agency’s economic
assessment demonstrates that the
proposed rule will yield minor benefits
while imposing no new costs.
Consequently, I certify that this
proposed action would not have a
significant economic impact on a
substantial number of small entities.
Unfunded Mandates Reform Act of 1995
Executive Order 13132 (Federalism)
A rulemaking has implications for
Federalism under Executive Order
13132, Federalism, 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 them. FMCSA
analyzed this proposed action in
accordance with Executive Order 13132.
The proposal would not have a
substantial direct effect on States, nor
would it limit the policymaking
discretion of States. Nothing in this
document preempts any State law or
regulation.
Executive Order 12372
(Intergovernmental Review)
The regulations implementing
Executive Order 12372 regarding
intergovernmental consultation on
Federal programs and activities do not
apply to this action.
Paperwork Reduction Act
This rulemaking does not impose an
unfunded Federal mandate, as defined
by the Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1532 et seq.), that will
result in the expenditure by State, local,
and Tribal governments, in the
aggregate, or by the private sector, of
$140.8 million (which is the value of
$100 million in 2009 after adjusting for
inflation) or more in any 1 year.
The Paperwork Reduction Act of 1995
(44 U.S.C. 3507(d)) requires that FMCSA
consider the impact of paperwork and
other information collection burdens
imposed on the public. We determined
that no new information collection
requirements are associated with this
proposed rule.
Executive Order 12988 (Civil Justice
Reform)
FMCSA analyzed this NPRM for the
purpose of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and determined under our
environmental procedures Order 5610.1,
issued March 1, 2004 (69 FR 9680), that
this proposed action has the potential to
produce a very small benefit to the
environment if any reduction in crashes
is realized. Therefore, this NPRM is
categorically excluded from further
analysis and documentation in an
environmental assessment or
environmental impact statement under
FMCSA Order 5610.1, paragraph 6(bb)
of Appendix 2. The Categorical
Exclusion under paragraph 6(bb) relates
to regulations concerning vehicle
operation safety standards that would
apply to how these vehicles are
operated. The Categorical Exclusion
determination is available for inspection
or copying in the Regulations.gov Web
site listed under ADDRESSES.
We also analyzed this 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
This proposed action 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)
mstockstill on DSKH9S0YB1PROD with PROPOSALS
FMCSA analyzed this proposed action
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. We determined that this
rulemaking does not pose an
environmental risk to health or safety
that may disproportionately affect
children.
Executive Order 12630 (Taking of
Private Property)
This rulemaking does not effect a
taking of private property or otherwise
have takings implications under
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights.
VerDate Mar<15>2010
16:42 Feb 18, 2011
Jkt 223001
National Environmental Policy Act
PO 00000
Frm 00028
Fmt 4702
Sfmt 9990
9721
not affect direct or indirect emissions of
criteria pollutants.
Executive Order 13211 (Energy Effects)
FMCSA analyzed this action under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We determined
that it is not a ‘‘significant energy action’’
under that Executive Order because it is
not economically significant and is not
likely to have an adverse effect on the
supply, distribution, or use of energy.
List of Subjects in 49 CFR Part 393
Highways and roads, Motor carriers,
Motor vehicle equipment, Motor vehicle
safety.
In consideration of the foregoing,
FMCSA proposes to amend title 49,
Code of Federal Regulations, subchapter
B, chapter III, as follows:
PART 393 [AMENDED]
1. The authority citation for part 393
continues to read as follows:
Authority: 49 U.S.C. 322, 31136, 31151,
and 31502; Sec. 1041(b) of Pub. L. 102–240,
105 Stat. 1914, 1993 (1991); and 49 CFR 1.73.
2. Amend § 393.42 by revising
paragraph (b)(2)(ii) to read as follows:
§ 393.42
Brakes required on all wheels.
*
*
*
*
*
(b) * * *
(2) * * *
(ii) Any combination of motor
vehicles utilizing one or two saddlemounts.
*
*
*
*
*
3. Amend § 393.71 by revising
paragraphs (a)(3) and (c)(4) to read as
follows:
§ 393.71 Coupling Devices and towing
methods, driveaway-towaway operations.
(a) * * *
(3) When motor vehicles are towed by
means of triple saddle-mounts, all but
the final towed vehicle must have
brakes acting on all wheels in contact
with the roadway.
*
*
*
*
*
(c) * * *
(4) If a motor vehicle towed by means
of a double or triple saddle-mount has
any vehicle full-mounted on it, such
saddle-mounted vehicle must at all
times while so loaded have effective
brakes acting on all wheels in contact
with the roadway.
*
*
*
*
*
Issued on: February 11, 2011.
Anne S. Ferro,
Administrator.
[FR Doc. 2011–3911 Filed 2–18–11; 8:45 am]
BILLING CODE 4910–EX–P
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]]>Agencies
[Federal Register Volume 76, Number 35 (Tuesday, February 22, 2011)]
[Proposed Rules]
[Pages 9717-9721]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-3911]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 393
[Docket No. FMCSA-2010-0271]
RIN-2126-AB30
Parts and Accessories Necessary for Safe Operation; Saddle-Mount
Braking Requirements
AGENCY: Federal Motor Carrier Safety Administration, DOT.
ACTION: Notice of proposed rulemaking; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
proposes to amend the Federal Motor Carrier Safety Regulations (FMCSRs)
by eliminating the requirement for operational brakes on the last
saddle-mounted truck or tractor in a triple saddle-mount combination,
except when a full mount is present. This is in response to a petition
for rulemaking from the Automobile Carriers Conference (ACC) of the
American Trucking Associations. Currently, the FMCSRs require
operational brakes on any wheel of a saddle-mounted vehicle that is in
contact with the roadway. ACC contends that this requirement degrades
the braking performance of these combinations because the lightly
loaded axle of the last vehicle tends to lock up under heavy braking,
and submitted test results supporting this position.
DATES: Send your comments on or before April 25, 2011.
ADDRESSES: You may submit comments identified by Docket ID Number
FMCSA-2010-0271 by any of the following methods:
Federal eRulemaking Portal: 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: West Building, Ground Floor, Room W12-
140, 1200 New Jersey Avenue, SE., between 9 a.m. and 5 p.m. ET, Monday
through Friday except Federal holidays.
Fax: 202-493-2251.
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: Mr. Brian J. Routhier, Vehicle and
Roadside Operations Division, Federal Motor Carrier Safety
Administration, 202-366-1225, or brian.routhier@dot.gov, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001. Office hours are from 9
a.m. to 5 p.m. ET, Monday through Friday, except Federal holidays.
[[Page 9718]]
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Public Participation and Request for Comments
A. Submitting Comments
B. Viewing Comments and Documents
C. Privacy Act
II. Legal Basis for the Rulemaking
III. Background
IV. Agency Analysis
V. Discussion of Proposed Rule
VI. Regulatory Analyses
I. Public Participation and Request for Comments
FMCSA encourages you to participate in this rulemaking by
submitting comments and related materials. All comments received will
be posted without change to https://www.regulations.gov and will include
any personal information you provide.
A. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (FMCSA-2010-0271), 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 e-mail 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 https://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
``Proposed Rules,'' insert ``FMCSA 2010-0271'' 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.
B. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble,
available in the docket, go to https://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-2010-0271'' 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. Monday through Friday, except Federal
holidays.
C. Privacy Act
Anyone may search the electronic form of 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 notice published on April 11, 2000
(65 FR 19476).
II. Legal Basis for the Rulemaking
This notice of proposed rulemaking (NPRM) is based on the authority
of the Motor Carrier Act of 1935 and the Motor Carrier Safety Act of
1984.
The Motor Carrier Act of 1935 provides that ``The Secretary of
Transportation may prescribe requirements for--(1) qualifications and
maximum hours of service of employees of, and safety of operation and
equipment of, a motor carrier; 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)].
The braking amendments proposed deal directly with the ``safety of
operation and equipment of * * * a motor carrier'' [49 U.S.C.
31502(b)(1)] and ``standards of equipment of * * * a motor private
carrier'' [49 U.S.C. 31502(b)(2)]. The proposal, adoption, and
enforcement of such rules were authorized by the Motor Carrier Act of
1935. This proposal rests squarely on that authority.
The Motor Carrier Safety Act of 1984 (the 1984 Act) provides
concurrent authority to regulate drivers, motor carriers, and vehicle
equipment. It requires the Secretary of Transportation to ``prescribe
regulations on commercial motor vehicle safety. The regulations shall
prescribe minimum safety standards for commercial motor vehicles.''
Although this authority is very broad, the Act also includes specific
requirements: ``At a minimum, the regulations shall ensure that--(1)
commercial motor vehicles are maintained, equipped, loaded, and
operated safely; (2) the responsibilities imposed on operators of
commercial motor vehicles do not impair their ability to operate the
vehicles safely; (3) the physical condition of operators of commercial
motor vehicles is adequate to enable them to operate the vehicles
safely * * *; and (4) the operation of commercial motor vehicles does
not have a deleterious effect on the physical condition of the
operators'' [49 U.S.C. 31136(a)].
This proposal is based on the authority of the 1984 Act and
addresses the specific mandates of 49 U.S.C. 31136(a)(1). Neither Sec.
31136(a)(2), which deals almost entirely with the operational demands
placed on drivers, nor Sec. 31136(a)(3), which addresses driver
physical qualification standards, is covered by this rulemaking.
Section 31136(a)(4) deals with the effect of driving on driver health,
a subject this proposal addresses indirectly: brake lockup on saddle-
mount combinations, which the NPRM is intended to prevent, might under
some circumstances cause the driver to lose control of the commercial
motor vehicle.
Before prescribing any regulations, FMCSA must also consider their
``costs and benefits'' [49 U.S.C. 31136(c)(2)(A) and 31502(d)]. Those
factors are discussed in the RegulatoryAnalyses section of this
proposal.
III. Background
ACC of the American Trucking Associations represents motor carriers
that transport motor vehicles ranging from automobiles to Class 8
trucks. ACC states that its members transport more than 96 percent of
all trucks moved by the saddle-mount method.
On January 16, 2007, ACC submitted a petition for rulemaking
requesting that the requirements for operational brakes on the last
saddle-mounted truck (the fourth truck) in a triple saddle-mount
combination be eliminated. ACC contends that this requirement actually
degrades the braking performance of these combinations because the
lightly loaded axle of the last vehicle tends to lock up under heavy
braking, potentially increasing stopping distance.
Stopping distances are specified in the vehicle brake performance
table at Sec. 393.52(d) of title 49, Code of Federal Regulations,
which requires many combination vehicles, including triple saddle-
mounts, to be able to stop within 40 feet or less from an initial speed
of 20 mph. The FMCSRs do not specify
[[Page 9719]]
minimum stopping distances from higher speeds. They do, however,
specify performance requirements for the emergency brakes, after the
service braking system has failed. Under the Sec. 393.52(d) emergency
braking requirements, triple saddle-mounts must be able to stop within
90 feet or less from a speed of 20 mph. Further, Sec. 393.71(a)(3)
currently requires operational brakes on any wheel of a saddle-mounted
vehicle that is in contact with the highway.
Based on the results of braking tests performed on various triple
saddle-mount combinations, as described below, ACC requested that FMCSA
make two regulatory changes: (1) Amend Sec. 393.71(a)(3) to eliminate
the requirement for operational brakes on the last saddle-mounted truck
in a triple saddle-mount combination; and (2) amend Sec. 393.71(c)(4)
to require that a triple saddle-mount with any vehicle full-mounted on
it have effective brakes acting on those wheels in contact with the
roadway.
ACC presented brake performance results from tests conducted by
Radlinski & Associates, Inc. [RAI] (now known as Link-Radlinski, Inc.)
in 1996 and 2002 in East Liberty, Ohio, on behalf of the National
Automobile Transporters Association (NATA), as well as supporting tests
RAI conducted for ATC Leasing Company (ATC) in 2003. RAI tested a total
of 24 triple saddle-mount combinations in the two tests conducted for
NATA and two additional combinations in the ATC test. Braking tests
were conducted on various saddle-mount combinations, with overall
lengths ranging from 53 to 96.9 feet, total weights ranging from 37,580
to 79,380 pounds, and with and without antilock braking systems (ABS)
on the lead unit. Some of the combinations tested exceeded 75 feet in
length--the Federal overall length limit then in effect for triple
saddle-mount combinations--since the RAI tests were conducted in part
to support increases in the overall length limits for saddle-mount
combinations. An overview of the tests and corresponding results from
RAI is presented below, and a copy of each test report is available in
the docket referenced at the beginning of this document.
1996 Test: ``Braking and Offtracking Tests on Longer Saddlemount
Driveaway Combinations'' \1\
---------------------------------------------------------------------------
\1\ Radlinski & Associates, Inc., Vehicle Systems Consultants
(August 1996). ``Braking and Offtracking Tests on Longer Saddlemount
Driveaway Combinations.'' Test conducted for the National Automobile
Transporters Association.
---------------------------------------------------------------------------
Stopping distance tests on five triple saddle-mount vehicle
combinations were conducted at speeds of 20, 40, and 55 mph. Three runs
were made at each speed, and the results were averaged. In the 20 mph
stops, the driver was instructed to apply full braking force, but at
higher speeds he was told to make a ``best effort,'' or modulated
application, to avoid wheel lockup and skidding. Combinations were
tested both with all brakes operational and with the brakes on the
rearmost axle disconnected.
All five vehicle combinations, both with and without the rearmost
axle brakes connected, met the Sec. 393.52(d) requirement that
combinations be able to stop within 40 feet or less from 20 mph.
Further, in all tests completed at 40 and 55 mph, stopping distance was
reduced when the rearmost axle brakes were disabled. An exception was
noted in which a vehicle stopped 1 foot shorter with all brakes
operational than with rearmost axle brakes disconnected (164 feet
versus 165 feet, respectively), but RAI did not consider the difference
(less than 1 percent) significant given the variability in the data.
2002 Test: ``Accident Avoidance Performance of More Productive
Saddlemount Driveaway Combinations'' \2\
---------------------------------------------------------------------------
\2\ Radlinski & Associates, Inc., Vehicle Systems Consultants
(January 2002). ``Accident Avoidance Performance of More Productive
Saddlemount Driveaway Combinations.''
---------------------------------------------------------------------------
Stopping distance tests on 19 triple saddle-mount vehicle
combinations were conducted from a speed of 20 mph, with a reported
average of two or three test runs per combination vehicle. In addition,
emergency brake tests were performed that require combination vehicles
to be able to stop from 20 mph within 90 feet or less. Three types of
failures were introduced: front brake circuit failure in the towing
vehicle, rear brake circuit failure in the towing vehicle, and a failed
towing line (i.e., the brakes on the towed unit were not operational).
All 19 triple saddle-mount combinations were tested with the
rearmost axle brakes connected, and 12 were tested with the rearmost
axle brakes disabled. In the latter group, all of the units met the
Sec. 393.52(d) stopping distance requirement of a maximum of 40 feet
from 20 mph. Five units were then tested for stopping distances from
both 40 and 55 mph. In all but one case, stopping distance was reduced
significantly with the brakes on the rearmost unit disabled. The
exception involved a 4 percent increase in stopping distance with the
brakes on the last axle disconnected--a difference RAI did not consider
significant given the variability in the data.
In the emergency braking tests, 12 combinations were tested in each
of two failure scenarios: failed front brakes and failed rear brakes.
Two of the units were also tested with a third failure mode of a failed
towing control line. All of the vehicles were able to stop within much
shorter distances than the 90-foot maximum specified in Sec.
393.52(d).
2003 Test: ``Braking Performance of Saddlemount Driveaway
Combinations'' \3\
---------------------------------------------------------------------------
\3\ Radlinski & Associates, Inc. Vehicle Systems Consultants
(May 2003). ``Braking Performance of Saddlemount Driveaway
Combinations.'' Test conducted for ATC Leasing Company.
---------------------------------------------------------------------------
Stopping distance tests were conducted on one triple saddle-mount
combination vehicle from 20, 40, and 55 mph.\4\ Three runs were made at
each speed, and the results were averaged. In the 20 mph stops, the
driver was instructed to apply full braking force, but at the higher
speeds he was directed to make a ``best effort,'' or modulated
application, to avoid wheel lockup and skidding. The combination was
tested with all brakes operational, and also with the brakes on the
rearmost axle in the combination disconnected.
---------------------------------------------------------------------------
\4\ The 2003 test also included a double saddle-mount
configuration.
---------------------------------------------------------------------------
The triple saddle-mount combination, both with and without the
rearmost unit braked, was able to stop shorter than the 20 mph service
brake stopping distance criterion of 40 feet or less in Sec.
393.52(d). Additionally, in all but one test conducted at 40 and 55
mph, stopping distance was reduced when the rearmost axle brakes were
disabled.
IV. Agency Analysis
These test results demonstrate that triple saddle-mount driveaway
combinations (1) are able to meet the performance requirements of Sec.
393.52(d) at various combinations of vehicle weight and length with the
brakes disconnected on the rearmost towed units (fourth truck), and (2)
at higher speeds, perform better when there are no brakes on the
rearmost towed unit. Because the rearmost unit (fourth truck) axle
weight is less than half the axle weight on the other towed units,
connecting the brakes on the rearmost axle increases the likelihood of
premature wheel lockup and loss of control due to skidding, and limits
the maximum deceleration of the overall combination. Without brakes on
the rearmost unit, the driver can apply the brakes harder on the lead
unit and the forward towed units, achieving a higher deceleration.
Disconnecting the brakes
[[Page 9720]]
on the rearmost unit also reduces the total volume of air that must be
delivered to the towed vehicles, which in turn reduces brake
application time and stopping distance.
In addition, ACC's request to amend the braking requirements for
triple saddle-mount combinations is based on the same considerations
FMCSA cited in a final rule that permits motor carriers to disconnect
the service brakes on unladen converter dollies manufactured on or
after March 1, 1998.\5\ (70 FR 48008, Aug. 15, 2005). The axle weight
of an unladen dolly is so low that the wheels lock up under hard
braking. To ensure stability and control, which are especially critical
during emergency braking, it is better to disconnect the dolly's
brakes. Based on testing performed in 1990 at the National Highway
Traffic Safety Administration's Vehicle Research and Test Center, FMCSA
stated in its final rule:
---------------------------------------------------------------------------
\5\ FMCSA noted that with NHTSA's March 10, 1995, final rule on
ABS (60 FR 13216), the long-term need for this exception for unladen
converter dollies will diminish. An ABS-equipped converter dolly
will not have the stability and control problems observed with
unladen converter dollies not equipped with ABS. Therefore,
converter dollies manufactured on or after March 1, 1998, the
effective date of the NHTSA requirement for ABS on converter
dollies, are not covered by the exception.
Stability and control during braking is an important
consideration in determining braking requirements for commercial
motor vehicles. While stopping distances for a bobtail tractor
towing an unladen converter dolly could be improved in some
situations by requiring operable dolly brakes, they could be
significantly degraded in others. When consideration is given to the
possibility of the converter dolly swinging out as a result of wheel
lock up, the FMCSA believes the FMCSRs should be amended to include
an exception to the requirement for operable brakes on unladen
---------------------------------------------------------------------------
converter dollies.
The last unit in a saddle-mount combination has higher axle weights
than a converter dolly but behaves in much the same way--i.e., the axle
in contact with the road locks up under heavy braking, reducing
controllability and increasing the stopping distance of the vehicle.
As noted previously, ACC requested FMCSA to address this brake-
performance issue by amending both Sec. Sec. 393.71(a)(3) and
393.71(c)(4). The latter provision requires that if a motor vehicle
towed by means of a double saddle-mount has any vehicle full-mounted on
it, the saddle-mounted vehicle must at all times while so loaded have
effective brakes acting on those wheels that are in contact with the
roadway. But Sec. 393.71(c)(4) does not currently apply to triple
saddle-mount combinations having a full-mounted vehicle. In this
situation, the weight on the rearmost axle will be increased, so the
brakes on the rearmost unit need to be connected to ensure adequate
braking capability--unlike the circumstances described earlier in which
the lightly loaded rear axle tends to skid and lose control due to
premature wheel lockup.
V. Discussion of Proposed Rule
Given the potential for increased brake performance efficiencies
demonstrated in the test results submitted by ACC, FMCSA agrees that
eliminating the requirement for operational brakes on the last (or
fourth) saddle-mounted truck or tractor in a triple saddle-mount
combination would likely produce safety benefits. We also agree that
when one or more vehicles are full-mounted on a triple saddle-mount
combination, the FMCSRs should continue to require operative brakes on
all wheels in contact with the roadway.
As ACC requested, this proposed rule would amend Sec. 393.71(a)(3)
to except the last truck or tractor in a triple saddle-mount
configuration from the requirement to have brakes acting on all wheels
in contact with the roadway. Further, the proposal would apply to any
truck tractor being towed as the last truck in a triple saddle-mount
configuration, regardless of whether it is equipped with ABS (as
required by Sec. 393.55(c) for truck tractors manufactured on or after
March 1, 1997). Although Sec. 393.55(c) excepts truck tractors engaged
in driveaway-towaway operations from the requirement to have ABS, the
exception is moot for truck tractors built on or after March 1, 1997.
In saddle-mount towing configurations, these truck tractors have only
an air line connection between each vehicle, so no power is available
to operate the antilock sensors and control modules in the towed
vehicles. The Agency recommends, therefore, that the rearmost axle
brakes in a triple saddle-mount configuration be disconnected even if
equipped with ABS.
This proposal also would broaden the applicability of Sec.
393.71(c)(4) to include motor vehicles towed by means of a triple
saddle-mount configuration. Under the proposed regulation, if a motor
vehicle towed by means of either a double or triple saddle-mount has
any vehicle full-mounted on it, the saddle-mounted vehicle would be
required at all times to have effective brakes acting on those wheels
in contact with the roadway.
In addition, the proposed rule would revise Sec. 393.42 to read,
``Any combination of motor vehicles with one or two saddle-mounts.''
This effectively excepts triple saddle-mount combinations in driveaway-
towaway operations from the requirement to have brakes acting on all
wheels. These proposed changes are consistent with the Agency's mission
of increasing highway safety.
VI. Regulatory Analyses
Executive Order 12866 (Regulatory Planning and Review)
This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Agency does not believe
implementing this proposed rule would create new costs or cause an
adverse economic impact on the industry or the public. Therefore, a
full regulatory evaluation is unnecessary.
FMCSA anticipates that this rule could result in several benefits,
chief among them the increased safety performance of triple saddle-
mount combination CMVs. By improving the braking performance of these
CMVs, the proposed rule could reduce the number of crashes in which
they are involved. This improved braking ability would also increase
the mechanical integrity of these CMVs, providing an ancillary safety
benefit.
Tests conducted by Radlinski & Associates, Inc. (now known as Link-
Radlinski, Inc.) in 1996, 2002, and 2003, discussed in the Background
section of this document, support the argument that disconnecting the
rearmost axle brakes of triple saddle-mount combination CMVs improves
their braking performance. FMCSA does not have quantifiable data,
however, that would allow for an estimation of the number of CMV
crashes this change in practice would prevent, and cannot quantify this
potential benefit.
This proposed rule would also reduce regulatory burden on motor
carriers by eliminating the requirement to connect the rearmost axle
brakes on triple saddle-mount CMVs. As with any proposed elimination of
an existing regulation, reducing regulatory burden on motor carriers
has the potential to lower associated compliance costs. These cost
savings are, however, likely to be modest because the proposed rule
simply amends a practice that is not particularly laborious or time-
consuming.
[[Page 9721]]
In addition, FMCSA does not expect that this proposed rule would
impose costs upon affected motor carriers, because the elimination of
the current requirement would not require motor carriers to purchase
new equipment, parts, or accessories or to modify or alter existing
equipment or vehicles.
Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
Federal agencies to determine whether proposed rules could have a
significant economic impact on a substantial number of small entities.
The Agency's economic assessment demonstrates that the proposed rule
will yield minor benefits while imposing no new costs. Consequently, I
certify that this proposed action would not have a significant economic
impact on a substantial number of small entities.
Unfunded Mandates Reform Act of 1995
This rulemaking does not impose an unfunded Federal mandate, as
defined by the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532 et
seq.), that will result in the expenditure by State, local, and Tribal
governments, in the aggregate, or by the private sector, of $140.8
million (which is the value of $100 million in 2009 after adjusting for
inflation) or more in any 1 year.
Executive Order 12988 (Civil Justice Reform)
This proposed action 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)
FMCSA analyzed this proposed action under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. We determined that this rulemaking does not pose an
environmental risk to health or safety that may disproportionately
affect children.
Executive Order 12630 (Taking of Private Property)
This rulemaking does not effect a taking of private property or
otherwise have takings implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Executive Order 13132 (Federalism)
A rulemaking has implications for Federalism under Executive Order
13132, Federalism, 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 them. FMCSA analyzed this
proposed action in accordance with Executive Order 13132. The proposal
would not have a substantial direct effect on States, nor would it
limit the policymaking discretion of States. Nothing in this document
preempts any State law or regulation.
Executive Order 12372 (Intergovernmental Review)
The regulations implementing Executive Order 12372 regarding
intergovernmental consultation on Federal programs and activities do
not apply to this action.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that FMCSA consider the impact of paperwork and other information
collection burdens imposed on the public. We determined that no new
information collection requirements are associated with this proposed
rule.
National Environmental Policy Act
FMCSA analyzed this NPRM for the purpose of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
determined under our environmental procedures Order 5610.1, issued
March 1, 2004 (69 FR 9680), that this proposed action has the potential
to produce a very small benefit to the environment if any reduction in
crashes is realized. Therefore, this NPRM is categorically excluded
from further analysis and documentation in an environmental assessment
or environmental impact statement under FMCSA Order 5610.1, paragraph
6(bb) of Appendix 2. The Categorical Exclusion under paragraph 6(bb)
relates to regulations concerning vehicle operation safety standards
that would apply to how these vehicles are operated. The Categorical
Exclusion determination is available for inspection or copying in the
Regulations.gov Web site listed under ADDRESSES.
We also analyzed this 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 13211 (Energy Effects)
FMCSA analyzed this action under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We determined that it is not a ``significant
energy action'' under that Executive Order because it is not
economically significant and is not likely to have an adverse effect on
the supply, distribution, or use of energy.
List of Subjects in 49 CFR Part 393
Highways and roads, Motor carriers, Motor vehicle equipment, Motor
vehicle safety.
In consideration of the foregoing, FMCSA proposes to amend title
49, Code of Federal Regulations, subchapter B, chapter III, as follows:
PART 393 [AMENDED]
1. The authority citation for part 393 continues to read as
follows:
Authority: 49 U.S.C. 322, 31136, 31151, and 31502; Sec. 1041(b)
of Pub. L. 102-240, 105 Stat. 1914, 1993 (1991); and 49 CFR 1.73.
2. Amend Sec. 393.42 by revising paragraph (b)(2)(ii) to read as
follows:
Sec. 393.42 Brakes required on all wheels.
* * * * *
(b) * * *
(2) * * *
(ii) Any combination of motor vehicles utilizing one or two saddle-
mounts.
* * * * *
3. Amend Sec. 393.71 by revising paragraphs (a)(3) and (c)(4) to
read as follows:
Sec. 393.71 Coupling Devices and towing methods, driveaway-towaway
operations.
(a) * * *
(3) When motor vehicles are towed by means of triple saddle-mounts,
all but the final towed vehicle must have brakes acting on all wheels
in contact with the roadway.
* * * * *
(c) * * *
(4) If a motor vehicle towed by means of a double or triple saddle-
mount has any vehicle full-mounted on it, such saddle-mounted vehicle
must at all times while so loaded have effective brakes acting on all
wheels in contact with the roadway.
* * * * *
Issued on: February 11, 2011.
Anne S. Ferro,
Administrator.
[FR Doc. 2011-3911 Filed 2-18-11; 8:45 am]
BILLING CODE 4910-EX-P
