Gross Combination Weight Rating (GCWR); Definition, 51706-51709 [2012-21017]
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Federal Register / Vol. 77, No. 166 / Monday, August 27, 2012 / Rules and Regulations
reviewing the one set of adverse
comments received from SJ Consulting
Group, the agency has determined that
it would be inappropriate to allow the
direct final rule to take effect.
SJ Consulting Group stated that it uses
the quarterly financial information to
advise motor carriers, shippers, and
persons interested in buying motor
carriers. It argued that the quarterly
reports provide useful insight into the
U.S. trucking industry, such as
operating statistics that are not available
from other public sources, particularly
for private carriers. Although SJ
Consulting conceded that says some
data on general demand and pricing
trends are available from other sources,
it argued that quarterly data on the
profitability of carriers are essential in
providing safe and timely service to
shippers, estimating future growth rates,
and assessing opportunities for
profitable investment in the trucking
industry. SJ Consulting has used Form
QFR reports for these purposes for many
years.
FMCSA Response: SJ Consulting
submitted an adverse comment with an
explanation of why it disagrees with the
direct final rule. For this reason,
FMCSA withdraws the direct final rule
of June 27, 2012, based on the adverse
comments of SJ Consulting Group.
Issued on: August 15, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012–21021 Filed 8–24–12; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Part 375
[Docket No. FMCSA–2011–0313]
RIN 2126–AB41
Transportation of Household Goods in
Interstate Commerce; Consumer
Protection Regulations: Household
Goods Motor Carrier Record Retention
Requirements
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Direct final rule; confirmation of
effective date.
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AGENCY:
FMCSA confirms the effective
date for its July 16, 2012, direct final
rule concerning the period during
which household goods (HHG) motor
carriers must retain documentation of
an individual shipper’s waiver of
receipt of printed copies of consumer
SUMMARY:
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protection materials. The direct final
rule harmonized the retention period
with other document retention
requirements applicable to HHG motor
carriers. FMCSA also amended the
regulations to clarify that a HHG motor
carrier is not required to retain waiver
documentation from any individual
shippers for whom the carrier does not
actually provide services. The Agency
did not receive any comments in
response to the direct final rule and
confirms the November 13, 2012,
effective date of the rule.
DATES: The effective date for the direct
final rule published in the Federal
Register on July 16, 2012 (77 FR 41699),
is confirmed as November 13, 2012.
ADDRESSES: The docket for this
rulemaking (FMCSA–2011–0313) is
available for inspection at https://www.
regulations.gov/
#!docketDetail;D=FMCSA-2011-0313. If
you do not have access to the Internet,
you may also view the docket by
visiting the Docket Management Facility
in Room W12–140 on the ground floor
of the Department of Transportation
West Building, 1200 New Jersey Avenue
SE., Washington, DC 20590, between 9
a.m. and 5 p.m. e.t., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr.
Brodie Mack, FMCSA, Household
Goods Team Leader, Commercial
Enforcement and Investigations Division
at (202) 385–2400 or by email at brodie.
mack@dot.gov.
SUPPLEMENTARY INFORMATION: On July
16, 2012, FMCSA published a direct
final rule amending its regulations at 49
CFR part 375. The rule reduced the
retention period in 49 CFR 375.213(e)(3)
from three years to one year for signed
receipts documenting an individual
shipper’s waiver of physical receipt of
the consumer protection publications
‘‘Your Rights and Responsibilities When
You Move,’’ and ‘‘Ready to Move?—
Tips for a Successful Interstate Move.’’
The change harmonized this
requirement with other requirements in
part 375 that require HHG motor carriers
to retain shipping documents for only
one year. The rule also clarified a HHG
motor carrier that obtains a signed
waiver from a shipper is required to
comply with the retention requirements
in § 375.213(e)(3) only if the carrier
actually provides moving services to the
shipper.
FMCSA used the Agency’s direct final
rule procedures (75 FR 29915, May 28,
2010) because it was a routine and
noncontroversial amendment, and the
Agency did not expect any adverse
comments. The direct final rule advised
the public that unless a written adverse
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comment, or a written notice of intent
to submit such an adverse comment,
was received by August 15, 2012, the
Agency would provide notice
confirming the effective date. Because
the Agency did not receive any
comments to the docket by August 15,
2012, the direct final rule will become
effective November 13, 2012.
Issued on: August 20, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012–21031 Filed 8–24–12; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Parts 383 and 390
[Docket No. FMCSA–2012–0156]
RIN 2126–AB53
Gross Combination Weight Rating
(GCWR); Definition
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Direct final rule; request for
comments.
AGENCY:
The Federal Motor Carrier
Safety Administration (FMCSA) amends
the definition of ‘‘gross combination
weight rating’’ (GCWR) in our
regulations. The definition currently
prescribes how the GCWR is calculated
if the vehicle manufacturer does not
include the information on the vehicle
certification label required by the
National Highway Traffic Safety
Administration (NHTSA). The Agency
has determined the definition should
not include what is essentially guidance
that is difficult for the motor carrier and
enforcement communities to use.
Therefore, FMCSA amends this
definition to state that the GCWR is the
value specified by the commercial
motor vehicle manufacturer.
DATES: This rule is effective October 26,
2012, unless an adverse comment or
notice of intent to submit an adverse
comment, is either submitted to our
online docket via https://
www.regulations.gov on or before
September 26, 2012 or reaches the
Docket Management Facility by that
date. If an adverse comment or notice of
intent to submit an adverse comment is
received by September 26, 2012, we will
withdraw this direct final rule and
publish a timely notice of withdrawal in
the Federal Register.
ADDRESSES: You may submit comments
identified by docket number FMCSA–
SUMMARY:
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Federal Register / Vol. 77, No. 166 / Monday, August 27, 2012 / Rules and Regulations
2012–0156 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: (202) 493–2251.
(3) Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590–
0001.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
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.
Tom
Kelly, Office of Enforcement and
Program Delivery, Federal Motor Carrier
Safety Administration, 1200 New Jersey
Avenue SE., Washington, DC 20590–
0001, by telephone at (202) 366–1812 or
via email at Thomas.Kelly@dot.gov.
Office hours are from 9 a.m. to 5 p.m.
ET, Monday through Friday, except
Federal holidays. If you have questions
on viewing or submitting material to the
docket, contact Renee V. Wright,
Program Manager, Docket Operations,
telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Public Participation and Request for
Comments
A. Submitting Comments
B. Viewing Comments and Documents
C. Privacy Act
II. Abbreviations
III. Regulatory Information
IV. Background
V. Discussion of the Rule
VI. Regulatory Analyses
VII. The Final Rule
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I. Public Participation and Request for
Comments
We encourage 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 have
provided.
A. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (FMCSA–2012–0156),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
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may submit your comment and material
online, or by fax, mail or hand delivery,
but please use only one of these means.
We recommend that you include your
name and a mailing address, an email
address, or a phone number in the body
of your document so that we can contact
you if we have questions regarding your
submission. As a reminder, FMCSA will
only consider adverse comments as
defined in 49 CFR 389.39(b) and
explained below.
To submit your comment online, go to
https://www.regulations.gov, click on the
‘‘submit a comment’’ box, which will
then become highlighted in blue. In the
‘‘Document Type’’ drop down menu
select ‘‘Proposed Rule’’ and insert
‘‘FMCSA–2012–0156’’ in the
‘‘Keyword’’ box. Click ‘‘Search’’ then
click on the balloon shape in the
‘‘Actions’’ column. If you submit your
comment by mail or hand delivery,
submit it in an unbound format, no
larger than 81⁄2 by 11 inches, suitable for
copying and electronic filing. If you
submit it by mail and would like to
know that it reached the Facility, please
enclose a stamped, self-addressed
postcard or envelope. FMCSA will
consider all comments and material
received during the comment period.
B. Viewing Comments and Documents
To view comments, go to https://
www.regulations.gov, click on the ‘‘read
comments’’ box, which will then
become highlighted in blue. In the
‘‘Keyword’’ box insert ‘‘FMCSA–2012–
0156’’ and click ‘‘Search.’’ Click the
‘‘Open Docket Folder’’ in the ‘‘Actions’’
column. If you do not have access to the
Internet, you may also 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 can 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 a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
II. Abbreviations
FMCSA Federal Motor Carrier Safety
Administration
FR Federal Register
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GCWR Gross combination weight
rating
NHTSA National Highway Traffic
Safety Administration
III. Regulatory Information
FMCSA publishes this amendment to
parts 383 and 390 under the direct final
rule procedures in 49 CFR 389.11 and
389.39 because we believe the rule is a
routine, non-controversial amendment
to the definition of ‘‘gross combination
weight rating’’ (GCWR) in both 49 CFR
383.5 and 390.5. The rule would
provide consistency between FMCSA’s
definition of GCWR and the definition
of that term used by NHTSA under 49
CFR 571.3. FMCSA does not expect
adverse comments. If no adverse
comments or notices of intent to submit
an adverse comment are received by
September 26, 2012, this rule will
become effective as stated in the DATES
section. In that case, approximately 30
days before the effective date, FMCSA
will publish a document in the Federal
Register stating that no adverse
comments were received and
confirming that this rule will become
effective as scheduled. However, if the
Agency receives any adverse comments
or notices of intent to submit an adverse
comment, FMCSA will publish a
document in the Federal Register
announcing the withdrawal of all or part
of this direct final rule. If an adverse
comment applies only to part of this
rule and it is possible to remove that
part without defeating the purpose of
this rule, the Agency may adopt, as
final, that part of this rule on which no
adverse comments were received.
FMCSA will withdraw the part of this
rule that was the subject of an adverse
comment. If the Agency decides to
proceed with a rulemaking following
receipt of any adverse comments,
FMCSA will publish a separate notice of
proposed rulemaking and provide a new
opportunity for comment.
A comment is considered ‘‘adverse’’ if
the comment explains why this rule or
a part of this rule would be
inappropriate, including a challenge to
its underlying premise or approach, or
would be ineffective or unacceptable
without a change.
IV. Background
Currently, the definitions in 49 CFR
383.5 and 390.5 both say:
Gross combination weight rating (GCWR)
means the value specified by the
manufacturer as the loaded weight of a
combination (articulated) vehicle. In the
absence of a value specified by the
manufacturer, GCWR will be determined by
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adding the GVWR 1 of the power unit and the
total weight of the towed unit and any load
thereon.
The first sentence of the definition is
entirely correct; this is the definition
used by other authorities. The second
sentence, however, presents an
alternative definition that is not used to
determine GCWR by either vehicle
manufacturers or the National Highway
Traffic Safety Administration (NHTSA)
(see 49 CFR 571.3) (‘‘Gross combination
weight rating or GCWR means the value
specified by the manufacturer as the
loaded weight of a combination
vehicle.’’) As FMCSA and its State
partners increase their monitoring of
drivers and carriers through roadside
inspections, investigations and the
Agency’s Safety Measurement System
and other tools, questions from industry
and the enforcement community about
the inconsistency between FMCSA’s
GCWR definition in 49 CFR 383.5 and
390.5 and NHTSA’s definition in 49
CFR 571.3 make it clear that the FMCSA
definition must be changed.
V. Discussion of the Rule
FMCSA is using a direct final rule to
promulgate this correction to the GCWR
definition in 49 CFR 383.5 and 390.5
because the Agency does not believe the
change would have a net impact of the
number of drivers or carriers subject to
the FMCSRs, or the applicability of the
requirements therein. Furthermore, we
do not anticipate the submission of
adverse comments. By removing the
second sentence in the definition in
both sections, the rule simply conforms
the Agency’s GCWR definition to the
one used by NHTSA.
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VI. Regulatory Analyses
E.O. 12866 (Regulatory Planning and
Review and DOT Regulatory Policies
and Procedures as Supplemented by
E.O. 13563)
FMCSA has determined that this
proposed rule is not a significant
regulatory action within the meaning of
Executive Order (E.O.) 12866, as
supplemented by E.O. 13563 (76 FR
3821, January 21, 2011), and not
significant within the meaning of the
Department of Transportation’s
regulatory policies and procedures
because the direct final rule is not
expected to generate substantial
congressional or public interest. The
rulemaking is unlikely to impose costs
on the industry because the change to
the GCWR definition would not have a
net impact of the number of drivers or
carriers subject to the FMCSRs, or the
applicability of the requirements
1 GVWR
stands for gross vehicle weight rating.
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therein. The cost, if any, would be borne
by motor carriers that had previously
determined by reference to the
inconsistent wording that their
operations were not subject to certain
safety regulations and that would now
be required to achieve compliance with
the applicable rules. The Agency
believes this population to be negligible,
and that the costs of the rule would not
begin to approach the $100 million
annual threshold for economic
significance. This rule therefore has not
been formally reviewed by the Office of
Management and Budget (OMB).
Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility
Act of 1980 (5 U.S.C. 601 et seq.), as
amended by the Small Business
Regulatory Enforcement Fairness Act of
1996 (Pub. L. 104–121, 110 Stat. 857),
FMCSA is not required to prepare a
final regulatory flexibility analysis
under 5 U.S.C. 604(a) for this final rule
because the agency has not issued a
notice of proposed rulemaking prior to
this action.
Assistance for Small Entities
In accordance with section 213(a) of
the Small Business Regulatory
Enforcement Fairness Act of 1996,
FMCSA wants to assist small entities in
understanding this direct final rule so
that they can better evaluate its effects
on themselves and participate in the
rulemaking initiative. If the direct final
rule would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance; please consult the FMCSA
point of contact, Tom Kelly, listed in the
FOR FURTHER INFORMATION CONTACT
section of this proposed rule.
Small businesses may send comments
on the actions of Federal employees
who enforce or otherwise determine
compliance with Federal regulations to
the Small Business Administration’s
Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of FMCSA, call 1–888–REG–
FAIR (1–888–734–3247). DOT has a
policy regarding the rights of small
entities to regulatory enforcement
fairness and an explicit policy against
retaliation for exercising these rights.
Unfunded Mandates Reform Act of 1995
This proposed rule would not impose
an unfunded Federal mandate, as
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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 $143.1 million (which is the value of
$100 million in 2010 after adjusting for
inflation) or more in any 1 year.
E.O. 13132 (Federalism)
A rule has Federalism implications if
the rule has a substantial direct effect on
State or local governments and would
either preempt State law or impose a
substantial direct cost of compliance on
the States. FMCSA has analyzed this
rule under E.O. 13132 and determined
that it does not have Federalism
implications.
E.O. 12988 (Civil Justice Reform)
This final rule meets applicable
standards in sections 3(a) and 3(b)(2) of
E.O. 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
E.O. 13045 (Protection of Children)
FMCSA analyzed this action under
E.O. 13045, Protection of Children from
Environmental Health Risks and Safety
Risks. The Agency determined that this
rule will not create an environmental
risk to health or safety that may
disproportionately affect children.
E.O. 12630 (Taking of Private Property)
FMCSA reviewed this final rule in
accordance with E.O. 12630,
Governmental Actions and Interference
with Constitutionally Protected Property
Rights, and has determined it will not
effect a taking of private property or
otherwise have taking implications.
Privacy Impact Assessment
Section 522 of title I of division H of
the Consolidated Appropriations Act,
2005, enacted December 8, 2004 (Pub. L.
108–447, 118 Stat. 2809, 3268, 5 U.S.C.
552a note), requires the Agency to
conduct a privacy impact assessment
(PIA) of a regulation that will affect the
privacy of individuals. This rule does
not require the collection of any
personally identifiable information.
The Privacy Act (5 U.S.C. 552a)
applies only to Federal agencies and any
non-Federal agency which receives
records contained in a system of records
from a Federal agency for use in a
matching program. FMCSA has
determined this rule will not result in
a new or revised Privacy Act System of
Records for FMCSA.
E.O. 12372 (Intergovernmental Review)
The regulations implementing E.O.
12372 regarding intergovernmental
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consultation on Federal programs and
activities do not apply to this program.
Paperwork Reduction Act
Under the Paperwork Reduction Act
of 1995 (PRA) (44 U.S.C. 3501 et seq.),
Federal agencies must obtain approval
from OMB for each collection of
information they conduct, sponsor, or
require through regulations. There is no
new information collection requirement
associated with this final rule.
National Environmental Policy Act and
Clean Air Act
FMCSA analyzed this rule in
accordance with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321 et seq.) and
determined under our environmental
procedures Order 5610.1 (69 FR 9680,
March 1, 2004) that this action does not
have any effect on the quality of the
environment. Therefore, this final rule
is categorically excluded (CE) from
further analysis and documentation in
an environmental assessment or
environmental impact statement under
FMCSA Order 5610.1, paragraph 6(b) of
Appendix 2. The CE under paragraph
6(b) addresses rulemakings that make
editorial or other minor amendments to
existing FMCSA regulations. A
Categorical Exclusion Determination is
available for inspection or copying in
the Regulations.gov Web site listed
under ADDRESSES.
FMCSA also analyzed this 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.
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E.O. 13211 (Energy Supply, Distribution,
or Use)
FMCSA has analyzed this rule under
E.O. 13211, Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
FMCSA has determined that it is not a
‘‘significant energy action’’ under that
order because it is not a ‘‘significant
regulatory action’’ under E.O. 12866 and
is not likely to have a significant
adverse effect on the supply,
distribution, or use of energy. The
Administrator of the Office of
Information and Regulatory Affairs has
not designated it as a significant energy
action. Therefore, it does not require a
Statement of Energy Effects under E.O.
13211.
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E.O. 13175 (Indian Tribal Governments)
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through OMB, with
an explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards (e.g.,
specifications of materials, performance,
design, or operation; test methods;
sampling procedures; and related
management systems practices) are
standards that are developed or adopted
by voluntary consensus standards
bodies.
This rule does not use technical
standards. Therefore, FMCSA did not
consider the use of voluntary consensus
standards.
List of Subjects
49 CFR Part 383
Administrative practice and
procedure, Alcohol abuse, Drug abuse,
Highway Safety, Incorporation by
reference, Motor carriers.
§ 383.5
51709
Definitions.
*
*
*
*
*
Gross combination weight rating
(GCWR) means the value specified by
the manufacturer as the loaded weight
of a combination motor vehicle.
*
*
*
*
*
PART 390—FEDERAL MOTOR
CARRIER SAFETY REGULATIONS;
GENERAL
3. The authority citation for part 390
continues to read as follows:
■
Authority: 49 U.S.C. 504, 508, 31132,
31133, 31136, 31144, 31151, and 31502; sec.
114, Pub. L. 103–311, 108 Stat. 1673, 1677–
1678; secs. 212, 217, and 229, Pub. L. 106–
159, 113 Stat. 1748, 1766, 1767; sec. 229,
Pub. L. 106–159 (as transferred by sec. 4115
and amended by secs. 4130–4132, Pub. L.
109–59, 119 Stat. 1144, 1726, 1743–1744),
sec. 4136, Pub. L. 109–59, 119 Stat. 1144,
1745; and 49 CFR 1.73.
4. Amend § 390.5 by revising the
definition of ‘‘gross combination weight
rating’’ to read as follows:
■
§ 390.5
Definitions.
*
*
*
*
*
Gross combination weight rating
(GCWR) means the value specified by
the manufacturer as the loaded weight
of a combination motor vehicle.
*
*
*
*
*
Issued on: August 16, 2012.
Anne S. Ferro,
Administrator.
[FR Doc. 2012–21017 Filed 8–24–12; 8:45 am]
BILLING CODE 4910–EX–P
49 CFR Part 390
Highway safety, Intermodal
transportation, Motor carriers, Motor
vehicle safety, Reporting and
recordkeeping requirements.
DEPARTMENT OF COMMERCE
VII. The Final Rule
For the reasons stated above, FMCSA
amends 49 CFR parts 383 and 390 in
title 49, Code of Federal Regulations,
chapter III, subchapter B, as follows:
[Docket No. 120418015–2015–01]
PART 383—COMMERCIAL DRIVER’S
LICENSE STANDARDS;
REQUIREMENTS AND PENALTIES
1. The authority citation for part 383
continues to read as follows:
■
Authority: 49 U.S.C. 521, 31136, 31301 et
seq., and 31502; secs. 214 and 215, Pub. L.
106–159, 113 Stat. 1748, 1766, 1767; sec.
4140, Pub. L. 109–59, 119 Stat. 1144, 1746;
and 49 CFR 1.73.
2. Amend § 383.5 by revising the
definition of ‘‘gross combination weight
rating’’ to read as follows:
■
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National Oceanic and Atmospheric
Administration
50 CFR Part 300
RIN 0648–BC14
International Fisheries; Western and
Central Pacific Fisheries for Highly
Migratory Species; Bigeye Tuna Catch
Limit in Longline Fisheries for 2012
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Interim final rule; request for
comments.
AGENCY:
This interim final rule
establishes a catch limit of 3,763 metric
tons (mt) of bigeye tuna (Thunnus
obesus) for vessels in the U.S. pelagic
longline fisheries in the western and
SUMMARY:
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]]>Agencies
[Federal Register Volume 77, Number 166 (Monday, August 27, 2012)]
[Rules and Regulations]
[Pages 51706-51709]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21017]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Parts 383 and 390
[Docket No. FMCSA-2012-0156]
RIN 2126-AB53
Gross Combination Weight Rating (GCWR); Definition
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Direct final rule; request for comments.
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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) amends
the definition of ``gross combination weight rating'' (GCWR) in our
regulations. The definition currently prescribes how the GCWR is
calculated if the vehicle manufacturer does not include the information
on the vehicle certification label required by the National Highway
Traffic Safety Administration (NHTSA). The Agency has determined the
definition should not include what is essentially guidance that is
difficult for the motor carrier and enforcement communities to use.
Therefore, FMCSA amends this definition to state that the GCWR is the
value specified by the commercial motor vehicle manufacturer.
DATES: This rule is effective October 26, 2012, unless an adverse
comment or notice of intent to submit an adverse comment, is either
submitted to our online docket via https://www.regulations.gov on or
before September 26, 2012 or reaches the Docket Management Facility by
that date. If an adverse comment or notice of intent to submit an
adverse comment is received by September 26, 2012, we will withdraw
this direct final rule and publish a timely notice of withdrawal in the
Federal Register.
ADDRESSES: You may submit comments identified by docket number FMCSA-
[[Page 51707]]
2012-0156 using any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: (202) 493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
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: Tom Kelly, Office of Enforcement and
Program Delivery, Federal Motor Carrier Safety Administration, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001, by telephone at (202)
366-1812 or via email at Thomas.Kelly@dot.gov. Office hours are from 9
a.m. to 5 p.m. ET, Monday through Friday, except Federal holidays. If
you have questions on viewing or submitting material to the docket,
contact Renee V. Wright, Program Manager, Docket Operations, telephone
(202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for Comments
A. Submitting Comments
B. Viewing Comments and Documents
C. Privacy Act
II. Abbreviations
III. Regulatory Information
IV. Background
V. Discussion of the Rule
VI. Regulatory Analyses
VII. The Final Rule
I. Public Participation and Request for Comments
We encourage 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 have provided.
A. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (FMCSA-2012-0156), 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 comment and material
online, or by fax, mail or hand delivery, but please use only one of
these means. We recommend that you include your name and a mailing
address, an email address, or a phone number in the body of your
document so that we can contact you if we have questions regarding your
submission. As a reminder, FMCSA will only consider adverse comments as
defined in 49 CFR 389.39(b) and explained below.
To submit your comment online, go to https://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``FMCSA-2012-0156'' in the ``Keyword''
box. Click ``Search'' then click on the balloon shape in the
``Actions'' column. If you submit your comment by mail or hand
delivery, submit it in an unbound format, no larger than 8\1/2\ by 11
inches, suitable for copying and electronic filing. If you submit it by
mail and would like to know that it reached the Facility, please
enclose a stamped, self-addressed postcard or envelope. FMCSA will
consider all comments and material received during the comment period.
B. Viewing Comments and Documents
To view comments, go to https://www.regulations.gov, click on the
``read comments'' box, which will then become highlighted in blue. In
the ``Keyword'' box insert ``FMCSA-2012-0156'' and click ``Search.''
Click the ``Open Docket Folder'' in the ``Actions'' column. If you do
not have access to the Internet, you may also 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 can 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 a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
II. Abbreviations
FMCSA Federal Motor Carrier Safety Administration
FR Federal Register
GCWR Gross combination weight rating
NHTSA National Highway Traffic Safety Administration
III. Regulatory Information
FMCSA publishes this amendment to parts 383 and 390 under the
direct final rule procedures in 49 CFR 389.11 and 389.39 because we
believe the rule is a routine, non-controversial amendment to the
definition of ``gross combination weight rating'' (GCWR) in both 49 CFR
383.5 and 390.5. The rule would provide consistency between FMCSA's
definition of GCWR and the definition of that term used by NHTSA under
49 CFR 571.3. FMCSA does not expect adverse comments. If no adverse
comments or notices of intent to submit an adverse comment are received
by September 26, 2012, this rule will become effective as stated in the
DATES section. In that case, approximately 30 days before the effective
date, FMCSA will publish a document in the Federal Register stating
that no adverse comments were received and confirming that this rule
will become effective as scheduled. However, if the Agency receives any
adverse comments or notices of intent to submit an adverse comment,
FMCSA will publish a document in the Federal Register announcing the
withdrawal of all or part of this direct final rule. If an adverse
comment applies only to part of this rule and it is possible to remove
that part without defeating the purpose of this rule, the Agency may
adopt, as final, that part of this rule on which no adverse comments
were received. FMCSA will withdraw the part of this rule that was the
subject of an adverse comment. If the Agency decides to proceed with a
rulemaking following receipt of any adverse comments, FMCSA will
publish a separate notice of proposed rulemaking and provide a new
opportunity for comment.
A comment is considered ``adverse'' if the comment explains why
this rule or a part of this rule would be inappropriate, including a
challenge to its underlying premise or approach, or would be
ineffective or unacceptable without a change.
IV. Background
Currently, the definitions in 49 CFR 383.5 and 390.5 both say:
Gross combination weight rating (GCWR) means the value specified
by the manufacturer as the loaded weight of a combination
(articulated) vehicle. In the absence of a value specified by the
manufacturer, GCWR will be determined by
[[Page 51708]]
adding the GVWR \1\ of the power unit and the total weight of the
towed unit and any load thereon.
\1\ GVWR stands for gross vehicle weight rating.
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The first sentence of the definition is entirely correct; this is
the definition used by other authorities. The second sentence, however,
presents an alternative definition that is not used to determine GCWR
by either vehicle manufacturers or the National Highway Traffic Safety
Administration (NHTSA) (see 49 CFR 571.3) (``Gross combination weight
rating or GCWR means the value specified by the manufacturer as the
loaded weight of a combination vehicle.'') As FMCSA and its State
partners increase their monitoring of drivers and carriers through
roadside inspections, investigations and the Agency's Safety
Measurement System and other tools, questions from industry and the
enforcement community about the inconsistency between FMCSA's GCWR
definition in 49 CFR 383.5 and 390.5 and NHTSA's definition in 49 CFR
571.3 make it clear that the FMCSA definition must be changed.
V. Discussion of the Rule
FMCSA is using a direct final rule to promulgate this correction to
the GCWR definition in 49 CFR 383.5 and 390.5 because the Agency does
not believe the change would have a net impact of the number of drivers
or carriers subject to the FMCSRs, or the applicability of the
requirements therein. Furthermore, we do not anticipate the submission
of adverse comments. By removing the second sentence in the definition
in both sections, the rule simply conforms the Agency's GCWR definition
to the one used by NHTSA.
VI. Regulatory Analyses
E.O. 12866 (Regulatory Planning and Review and DOT Regulatory Policies
and Procedures as Supplemented by E.O. 13563)
FMCSA has determined that this proposed rule is not a significant
regulatory action within the meaning of Executive Order (E.O.) 12866,
as supplemented by E.O. 13563 (76 FR 3821, January 21, 2011), and not
significant within the meaning of the Department of Transportation's
regulatory policies and procedures because the direct final rule is not
expected to generate substantial congressional or public interest. The
rulemaking is unlikely to impose costs on the industry because the
change to the GCWR definition would not have a net impact of the number
of drivers or carriers subject to the FMCSRs, or the applicability of
the requirements therein. The cost, if any, would be borne by motor
carriers that had previously determined by reference to the
inconsistent wording that their operations were not subject to certain
safety regulations and that would now be required to achieve compliance
with the applicable rules. The Agency believes this population to be
negligible, and that the costs of the rule would not begin to approach
the $100 million annual threshold for economic significance. This rule
therefore has not been formally reviewed by the Office of Management
and Budget (OMB).
Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et
seq.), as amended by the Small Business Regulatory Enforcement Fairness
Act of 1996 (Pub. L. 104-121, 110 Stat. 857), FMCSA is not required to
prepare a final regulatory flexibility analysis under 5 U.S.C. 604(a)
for this final rule because the agency has not issued a notice of
proposed rulemaking prior to this action.
Assistance for Small Entities
In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996, FMCSA wants to assist small entities
in understanding this direct final rule so that they can better
evaluate its effects on themselves and participate in the rulemaking
initiative. If the direct final rule would affect your small business,
organization, or governmental jurisdiction and you have questions
concerning its provisions or options for compliance; please consult the
FMCSA point of contact, Tom Kelly, listed in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule.
Small businesses may send comments on the actions of Federal
employees who enforce or otherwise determine compliance with Federal
regulations to the Small Business Administration's Small Business and
Agriculture Regulatory Enforcement Ombudsman and the Regional Small
Business Regulatory Fairness Boards. The Ombudsman evaluates these
actions annually and rates each agency's responsiveness to small
business. If you wish to comment on actions by employees of FMCSA, call
1-888-REG-FAIR (1-888-734-3247). DOT has a policy regarding the rights
of small entities to regulatory enforcement fairness and an explicit
policy against retaliation for exercising these rights.
Unfunded Mandates Reform Act of 1995
This proposed rule would not impose an unfunded Federal mandate, as
defined by the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532 et
seq.), that will result in the expenditure by State, local, and tribal
governments, in the aggregate, or by the private sector, of $143.1
million (which is the value of $100 million in 2010 after adjusting for
inflation) or more in any 1 year.
E.O. 13132 (Federalism)
A rule has Federalism implications if the rule has a substantial
direct effect on State or local governments and would either preempt
State law or impose a substantial direct cost of compliance on the
States. FMCSA has analyzed this rule under E.O. 13132 and determined
that it does not have Federalism implications.
E.O. 12988 (Civil Justice Reform)
This final rule meets applicable standards in sections 3(a) and
3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
E.O. 13045 (Protection of Children)
FMCSA analyzed this action under E.O. 13045, Protection of Children
from Environmental Health Risks and Safety Risks. The Agency determined
that this rule will not create an environmental risk to health or
safety that may disproportionately affect children.
E.O. 12630 (Taking of Private Property)
FMCSA reviewed this final rule in accordance with E.O. 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights, and has determined it will not effect a taking of
private property or otherwise have taking implications.
Privacy Impact Assessment
Section 522 of title I of division H of the Consolidated
Appropriations Act, 2005, enacted December 8, 2004 (Pub. L. 108-447,
118 Stat. 2809, 3268, 5 U.S.C. 552a note), requires the Agency to
conduct a privacy impact assessment (PIA) of a regulation that will
affect the privacy of individuals. This rule does not require the
collection of any personally identifiable information.
The Privacy Act (5 U.S.C. 552a) applies only to Federal agencies
and any non-Federal agency which receives records contained in a system
of records from a Federal agency for use in a matching program. FMCSA
has determined this rule will not result in a new or revised Privacy
Act System of Records for FMCSA.
E.O. 12372 (Intergovernmental Review)
The regulations implementing E.O. 12372 regarding intergovernmental
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consultation on Federal programs and activities do not apply to this
program.
Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et
seq.), Federal agencies must obtain approval from OMB for each
collection of information they conduct, sponsor, or require through
regulations. There is no new information collection requirement
associated with this final rule.
National Environmental Policy Act and Clean Air Act
FMCSA analyzed this rule in accordance with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.) and
determined under our environmental procedures Order 5610.1 (69 FR 9680,
March 1, 2004) that this action does not have any effect on the quality
of the environment. Therefore, this final rule is categorically
excluded (CE) from further analysis and documentation in an
environmental assessment or environmental impact statement under FMCSA
Order 5610.1, paragraph 6(b) of Appendix 2. The CE under paragraph 6(b)
addresses rulemakings that make editorial or other minor amendments to
existing FMCSA regulations. A Categorical Exclusion Determination is
available for inspection or copying in the Regulations.gov Web site
listed under ADDRESSES.
FMCSA also analyzed this 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.
E.O. 13211 (Energy Supply, Distribution, or Use)
FMCSA has analyzed this rule under E.O. 13211, Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use. FMCSA has determined that it is not a ``significant energy
action'' under that order because it is not a ``significant regulatory
action'' under E.O. 12866 and is not likely to have a significant
adverse effect on the supply, distribution, or use of energy. The
Administrator of the Office of Information and Regulatory Affairs has
not designated it as a significant energy action. Therefore, it does
not require a Statement of Energy Effects under E.O. 13211.
E.O. 13175 (Indian Tribal Governments)
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through OMB, with an explanation of why using these standards would be
inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards (e.g., specifications of materials, performance,
design, or operation; test methods; sampling procedures; and related
management systems practices) are standards that are developed or
adopted by voluntary consensus standards bodies.
This rule does not use technical standards. Therefore, FMCSA did
not consider the use of voluntary consensus standards.
List of Subjects
49 CFR Part 383
Administrative practice and procedure, Alcohol abuse, Drug abuse,
Highway Safety, Incorporation by reference, Motor carriers.
49 CFR Part 390
Highway safety, Intermodal transportation, Motor carriers, Motor
vehicle safety, Reporting and recordkeeping requirements.
VII. The Final Rule
For the reasons stated above, FMCSA amends 49 CFR parts 383 and 390
in title 49, Code of Federal Regulations, chapter III, subchapter B, as
follows:
PART 383--COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND
PENALTIES
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1. The authority citation for part 383 continues to read as follows:
Authority: 49 U.S.C. 521, 31136, 31301 et seq., and 31502; secs.
214 and 215, Pub. L. 106-159, 113 Stat. 1748, 1766, 1767; sec. 4140,
Pub. L. 109-59, 119 Stat. 1144, 1746; and 49 CFR 1.73.
0
2. Amend Sec. 383.5 by revising the definition of ``gross combination
weight rating'' to read as follows:
Sec. 383.5 Definitions.
* * * * *
Gross combination weight rating (GCWR) means the value specified by
the manufacturer as the loaded weight of a combination motor vehicle.
* * * * *
PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL
0
3. The authority citation for part 390 continues to read as follows:
Authority: 49 U.S.C. 504, 508, 31132, 31133, 31136, 31144,
31151, and 31502; sec. 114, Pub. L. 103-311, 108 Stat. 1673, 1677-
1678; secs. 212, 217, and 229, Pub. L. 106-159, 113 Stat. 1748,
1766, 1767; sec. 229, Pub. L. 106-159 (as transferred by sec. 4115
and amended by secs. 4130-4132, Pub. L. 109-59, 119 Stat. 1144,
1726, 1743-1744), sec. 4136, Pub. L. 109-59, 119 Stat. 1144, 1745;
and 49 CFR 1.73.
0
4. Amend Sec. 390.5 by revising the definition of ``gross combination
weight rating'' to read as follows:
Sec. 390.5 Definitions.
* * * * *
Gross combination weight rating (GCWR) means the value specified by
the manufacturer as the loaded weight of a combination motor vehicle.
* * * * *
Issued on: August 16, 2012.
Anne S. Ferro,
Administrator.
[FR Doc. 2012-21017 Filed 8-24-12; 8:45 am]
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