Parts and Accessories Necessary for Safe Operation: Federal Motor Vehicle Safety Standards Certification for Commercial Motor Vehicles Operated by United States-Domiciled Motor Carriers, 34588-34593 [2015-14934]

Download as PDF 34588 Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Proposed Rules Covered entity means an entity that is listed within section 340B(a)(4) of the PHSA, meets the requirements under section 340B(a)(5) of the PHSA, and is registered and listed in the 340B database. Covered outpatient drug has the meaning set forth in section 1927(k) of the Social Security Act. Manufacturer has the meaning set forth in section 1927(k) of the Social Security Act. National Drug Code (NDC) has the meaning set forth in 42 CFR 447.502. Pharmaceutical Pricing Agreement (PPA) means an agreement described in section 340B(a)(1) of the PHSA. Quarter refers to a calendar quarter unless otherwise specified. Secretary means the Secretary of the Department of Health and Human Services and any other officer of employee of the Department of Health and Human Services to whom the authority involved has been delegated. Wholesaler has the meaning set forth in 42 U.S.C. 1396r–8(k)(11). Subpart B—340B Ceiling Price srobinson on DSK5SPTVN1PROD with PROPOSALS § 10.10 Ceiling price for a covered outpatient drug. A manufacturer is required to calculate 340B ceiling prices for each covered outpatient drug, by National Drug Code (NDC) on a quarterly basis. (a) Calculation of 340B ceiling price. The 340B ceiling price for a covered outpatient drug is equal to the Average Manufacturer Price (AMP) for the smallest unit of measure minus the Unit Rebate Amount (URA) and will be calculated using six decimal places. To ensure the final price is operational in the marketplace, HRSA then multiplies this amount by the drug’s package size and case package size. HRSA will publish the 340B ceiling price rounded to two decimal places. (b) Exception.When the ceiling price calculation in paragraph (a) of this section results in an amount less than $0.01 the ceiling price will be $0.01. (c) New drug price estimation.A manufacturer must estimate the ceiling price for a new covered outpatient drug as of the date the drug is first available for sale and must provide HRSA an estimated ceiling price for each of the first three quarters the drug is available for sale. Beginning with the fourth quarter the drug is available for sale, the manufacturer must calculate the ceiling price as described in paragraph (a) of this section. A manufacturer must calculate the actual ceiling prices for the first three quarters and refund or credit any covered entity which purchased the covered outpatient drug at a price VerDate Sep<11>2014 16:32 Jun 16, 2015 Jkt 235001 greater than the calculated ceiling price. The refunds or credits for the first three quarters must be provided to covered entities by the end of the fourth quarter. § 10.11 Manufacturer civil monetary penalties. (a) General.Any manufacturer with a pharmaceutical pricing agreement that knowingly and intentionally charges a covered entity more than the ceiling price, as defined in § 10.10, for a covered outpatient drug, may be subject to a civil monetary penalty not to exceed $5,000 for each instance of overcharging a covered entity, as defined in paragraph (b) of this section. This penalty will be imposed pursuant to the procedures at 42 CFR part 1003. Any civil monetary penalty assessed will be in addition to repayment for an instance of overcharging as required by section 340B(d)(1)(B)(ii) of the PHSA. (b) Instance of overcharging. An instance of overcharging is any order for a covered outpatient drug, by NDC, which results in a covered entity paying more than the ceiling price, as defined in § 10.10, for that covered outpatient drug. (1) Each order for an NDC will constitute a single instance, regardless of the number of units of each NDC ordered. This includes any order placed directly with a manufacturer or through a wholesaler, authorized distributor, or agent. (2) Manufacturers have an obligation to ensure that the 340B discount is provided through distribution arrangements made by the manufacturer. (3) An instance of overcharging is considered at the NDC level and may not be offset by other discounts provided on any other NDC or discounts provided on the same NDC on other transactions, orders, or purchases. (4) An instance of overcharging may occur at the time of initial purchase or when subsequent ceiling price recalculations due to pricing data submitted to CMS result in a covered entity paying more than the ceiling price due to failure or refusal to refund or credit a covered entity. (5) A manufacturer’s failure to provide the 340B ceiling price is not considered an instance of overcharging when a covered entity did not initially identify the purchase to the manufacturer as 340B-eligible at the time of purchase. Covered entity orders of non-340B priced drugs will not subsequently be considered an instance of overcharging unless the manufacturer’s refusal to sell or make drugs available at the 340B price PO 00000 Frm 00049 Fmt 4702 Sfmt 4702 resulted in the covered entity purchasing at the non-340B price. Editorial Note: This document was received for publication by the Office of the Federal Register on June 10, 2015. [FR Doc. 2015–14648 Filed 6–16–15; 8:45 am] BILLING CODE 4165–15–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Part 393 [Docket No. FMCSA–2014–0428] RIN 2126–AB67 Parts and Accessories Necessary for Safe Operation: Federal Motor Vehicle Safety Standards Certification for Commercial Motor Vehicles Operated by United States-Domiciled Motor Carriers Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of Proposed Rulemaking (NPRM), request for comments. AGENCY: FMCSA proposes to amend the Federal Motor Carrier Safety Regulations (FMCSRs) by requiring United States-domiciled (U.S.domiciled) motor carriers engaged in interstate commerce to use only commercial motor vehicles (CMV) that display a certification label affixed by the vehicle manufacturer or a U.S. Department of Transportation (DOT) Registered Importer, indicating that the vehicle satisfied all applicable Federal Motor Vehicle Safety Standards (FMVSS) in effect at the time of manufacture. If the certification label is missing, the motor carrier must obtain, and a driver upon demand present, a letter issued by the vehicle manufacturer stating that the vehicle met all applicable FMVSS in effect at the time of manufacture. DATES: You may submit comments by August 3, 2015. ADDRESSES: Comments to the rulemaking docket should refer to Docket ID Number FMCSA–2014–0428or RIN 2126–AB67, and be submitted to the Administrator, Federal Motor Carrier Safety Administration using any of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. • Fax: 1–202–493–2251. • Mail: Docket Management Facility (M–30), U.S. Department of Transportation, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590–0001. SUMMARY: E:\FR\FM\17JNP1.SGM 17JNP1 Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Proposed Rules • Hand Delivery: Ground Floor, Room W12–140, DOT Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m. e.t., Monday through Friday, except Federal holidays. To avoid duplication, please use only one of these four methods. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section below for instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: Michael Huntley, Chief, Vehicle and Roadside Operations Division, Office of Policy, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590– 0001, by telephone at (202) 366–9209 or via email at Michael.Huntley@dot.gov. FMCSA office hours are from 9 a.m. to 5 p.m., e.t Monday through Friday, except Federal holidays. If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: Table of Contents I. Public Participation and Request for Comments II. Executive Summary III. Legal Basis for the Rulemaking IV. Background V. Discussion of the Proposed Rule VI. Regulatory Analyses srobinson on DSK5SPTVN1PROD with PROPOSALS I. Public Participation and Request for Comments FMCSA invites you to participate in this rulemaking by submitting comments and related materials. Submitting Comments If you submit a comment, please include the docket number for this rulemaking (FMCSA–2014–0428), indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so that FMCSA can contact you if there are questions regarding your submission. To submit your comment online, go to 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 ‘‘Rules,’’ insert ‘‘FMCSA–2014– 0428’’ in the ‘‘Keyword’’ box, and click VerDate Sep<11>2014 16:32 Jun 16, 2015 Jkt 235001 ‘‘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. Viewing Comments and Documents To view comments, as well as any documents mentioned in this preamble, 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–2014–0428’’ and click ‘‘Search.’’ Next, click the ‘‘Open Docket Folder’’ in the ‘‘Actions’’ column. Finally, in the ‘‘Title’’ column, click on the document you would like to review. If you do not have access to the Internet, you may view the docket online by visiting the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. Privacy Act In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL– 14 FDMS), which can be reviewed at www.dot.gov/privacy. II. Executive Summary Purpose and Summary of the Major Provisions The FMCSRs require that motor carriers operating CMVs in the U.S., including Mexico- and Canadadomiciled carriers, ensure that the vehicles are equipped with the applicable safety equipment and features specified in 49 CFR part 393, Parts and Accessories Necessary for Safe Operations, which includes cross references to safety equipment and features that must be installed at the time of production. The National Highway Traffic Safety Administration (NHTSA) requires vehicle PO 00000 Frm 00050 Fmt 4702 Sfmt 4702 34589 manufacturers to certify that the vehicles they produce for sale and use in the U.S. meet all applicable FMVSS in effect at the time of manufacture. In addition, they must affix an FMVSS certification label to each vehicle in accordance with the requirements of 49 CFR part 567. This NPRM would require U.S.-domiciled motor carriers engaged in interstate commerce to use only CMVs that display an FMVSS certification label affixed by the vehicle manufacturer indicating that the vehicle: (1) satisfied all applicable FMVSS in effect at the time of manufacture; or (2) has been modified to meet those standards and legally imported by a DOT Registered Importer. In the absence of such a label (e.g., because of vehicle damage or deliberate removal), the motor carrier must obtain, and a driver upon demand present, a letter issued by the vehicle manufacturer stating that the vehicle satisfied all applicable FMVSS in effect on the date of manufacture. The manufacturer should be able to determine quickly whether the vehicle was built to comply with the FMVSS by comparing the vehicle identification number (VIN) to its production records. In the event a vehicle does not display a certification label, motor carriers would be responsible for providing their drivers with a letter from the vehicle manufacturer to present to Federal or State enforcement officials upon request. This proposed rule would address the National Transportation Safety Board’s (NTSB) concerns about the operation of CMVs that do not display certification labels. It would not apply to foreigndomiciled vehicles (i.e., CMVs operated by Mexico- and Canada-domiciled motor carriers) engaged in international traffic, as regulations enforced by U.S. Customs and Border Protection permit such vehicles to be admitted to the U.S. without formal importation, payment of duty, or compliance with the FMVSS.1 Benefits and Costs Generally, motor carriers engaging in interstate commerce with a principal place of business in the U.S. would not experience any regulatory burden as a result of this rulemaking unless the motor carrier: (1) had vehicles with missing certification labels; or (2) had acquired a vehicle that was not originally manufactured for sale or use 1 The applicable Customs and Border Protection regulations governing instruments of international traffic are found in 19 CFR 10.41, 10.41a, and part 123, subpart B. With certain exceptions, instruments of international traffic may be released without entry or the payment of duty, subject to the provisions set forth in these regulations. E:\FR\FM\17JNP1.SGM 17JNP1 srobinson on DSK5SPTVN1PROD with PROPOSALS 34590 Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Proposed Rules in this country that had somehow been improperly imported. The Agency lacks data on the prevalence of such vehicles in the fleets of U.S.-domiciled motor carriers. FMCSA seeks comment on: (1) the size of the CMV population originally certified as FMVSS-compliant that now lacks certification labels because of vehicle damage, deliberate removal, or other reasons; and (2) the number of CMVs operated by U.S.domiciled carriers that lack certification labels because they were neither designed nor certified to be FMVSScompliant. FMCSA believes that most missing labels fall into the first of these two categories. This rulemaking is not intended to deprive motor carriers of the use of vehicles produced in compliance with the appropriate FMVSS, but rather to prevent vehicles not manufactured or modified to meet those standards from being operated by U.S.-domiciled interstate carriers. FMCSA believes this rulemaking would have no impact on the vast majority of U.S. carriers. Because motor vehicles manufactured for sale or use in the U.S. must display an FMVSS certification label, and because vehicles that are properly imported by a Registered Importer must likewise display an FMVSS certification label, all vehicles operated by U.S. motor carriers would typically already have such labels. However, there may be circumstances where a CMV lacking an FMVSS certification label is used in interstate commerce by an American carrier. This NPRM would force the carrier to incur one-time costs to determine whether the label had simply been lost or, more seriously, whether the vehicle may have been improperly imported. In order to minimize those costs, FMCSA will accept as proof of compliance with the FMVSS a letter from the vehicle manufacturer stating that the subject vehicle satisfied all applicable FMVSS in effect at the time of manufacture. The Agency is unable to quantify the costs associated with this alternative demonstration of compliance, but expects them to be minimal. FMCSA seeks comment on the cost and effectiveness of this letterbased validation process when an FMVSS certification label is missing or too damaged to read. With regard to benefits, the rule would make it easier for FMCSA and its State partners to identify CMVs operated by U.S.-domiciled motor carriers that may have been introduced into interstate commerce without the proper FMVSS certification. In the absence of monetizeable benefits, and due to uncertainty VerDate Sep<11>2014 16:32 Jun 16, 2015 Jkt 235001 regarding the size of the affected population and the costs to comply with this rulemaking, FMCSA proposes to use a threshold analysis to quantify the benefits necessary to offset the costs of the rule. This threshold analysis will be included in the final rule, drawing upon information provided in comments to the docket and other data to establish lower and upper bounds for costs. The Agency seeks comments on the value of a threshold analysis versus a qualitative assessment of the rule’s potential impact. III. Legal Basis for the Rulemaking This NPRM is based on the authority of the Motor Carrier Act of 1935 (1935 Act) and the Motor Carrier Safety Act of 1984 (MCSA or 1984 Act), both of which provide broad discretion to the Secretary of Transportation (Secretary) in implementing their provisions. The 1935 Act provides that the Secretary may prescribe requirements for: (1) qualifications and maximum hours of service of employees of, and safety of operation and equipment of, a motor carrier [49 U.S.C. 31502(b)(1)]; and (2) qualifications and maximum hours of service of employees of, and standards of equipment of, a motor private carrier, when needed to promote safety of operation [49 U.S.C. 31502(b)(2)]. These proposed amendments are based on the Secretary’s authority to regulate the safety and standards of equipment of for-hire and private motor carriers. The 1984 Act gives the Secretary concurrent authority to regulate CMVs and the drivers and motor carriers that operate them, as well as the vehicles themselves [49 U.S.C. 31136(a)]. Section 31136(a) requires the Secretary to publish regulations on CMV safety. Specifically, the Act sets forth minimum safety standards to ensure that: (1) CMVs are maintained, equipped, loaded, and operated safely [49 U.S.C. 31136(a)(1)]; (2) the responsibilities imposed on operators of CMVs do not impair their ability to operate the vehicles safely [49 U.S.C. 31136(a)(2)]; (3) the physical condition of CMV operators is adequate to enable them to operate the vehicles safely [49 U.S.C. 31136(a)(3)]; and (4) the operation of CMVs does not have a deleterious effect on the physical condition of the operators [49 U.S.C. 31136(a)(4)]. Section 32911 of the Moving Ahead for Progress in the 21st Century Act (MAP– 21) [Pub. L. 112–141, 126 Stat. 405, 818, July 6, 2012] enacted a fifth requirement, i.e., that the regulations ensure that ‘‘(5) an operator of a commercial motor vehicle is not coerced by a motor carrier, shipper, receiver, or PO 00000 Frm 00051 Fmt 4702 Sfmt 4702 transportation intermediary to operate a commercial motor vehicle in violation of a regulation promulgated under this section, or chapter 51 [Transportation of Hazardous Material] or chapter 313 [Commercial Motor Vehicle Operators] of this title’’ [49 U.S.C. 31136(a)(5)]. This proposed rule would prohibit U.S-domiciled motor carriers from operating CMVs that are not appropriately labeled to document that they met all applicable FMVSS in effect at the time of manufacture. Motor carriers could continue to purchase foreign vehicles for importation into the United States, but NHTSA requires these vehicles to have documentation and labels to verify that they have been modified to comply with the applicable FMVSS. Because FMCSA has exercised its statutory authority to include crossreferences to the FMVSS in the FMCSRs, this rulemaking is consistent with 49 U.S.C. 31136(a)(1). This proposed rule does not impact the responsibilities or physical condition of drivers as contemplated by 49 U.S.C. 31136(a)(2) and (3), respectively, and deals with 49 U.S.C. 31136(a)(4) only to the extent that a vehicle operated in accordance with the safety regulations is less likely to have a deleterious effect on the physical condition of a driver. Because both: (1) the number of vehicles operated by U.S.-domiciled motor carriers without an FMVSS certification label; and (2) the cost of demonstrating FMVSS compliance through a letter from the vehicle manufacturer, are expected to be small, the Agency believes that the number of drivers who might be coerced to operate CMVs that do not comply with this rule is de minimis, and may be zero. FMCSA has considered the costs and benefits of the rule, as required by 49 U.S.C. 31136(c)(2)(A) and 31502(d). IV. Background Part 567 of title 49 of the Code of Federal Regulations (49 CFR part 567) requires that manufacturers of motor vehicles built for sale or use in the U.S. must affix a label certifying that the motor vehicle meets all applicable FMVSS in effect on the date of manufacture.2 Part 567 provides detailed requirements concerning the location of and information to be displayed on the label. These requirements are applicable to manufacturers of CMVs produced for use in the U.S. The label must be affixed prior to the first sale of the CMV. 2 These standards are codified in 49 CFR part 571. Most, but not all, of the FMVSS are cross-referenced in existing requirements of part 393. E:\FR\FM\17JNP1.SGM 17JNP1 Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Proposed Rules The National Traffic and Motor Vehicle Safety Act (Vehicle Safety Act) (49 U.S.C. 30101, et seq.) expressly prohibits vehicles from being imported into the U.S. unless the vehicles— (a) Comply with all applicable FMVSS in effect on the date of manufacture, and (b) Bear a label certifying compliance with the FMVSS and applied to the vehicle either by a manufacturer at the time of manufacture or by a DOT Registered Importer after the vehicle has been brought into compliance.3 This statutory requirement is currently codified at 49 U.S.C. 30112 and implemented in NHTSA’s regulations codified at 49 CFR parts 567 and 571. Under this proposal, all motor carriers operating in interstate commerce, including Mexico- and Canadadomiciled motor carriers, would continue to be responsible for complying with FMCSA’s vehiclerelated requirements in 49 CFR part 393, including the specific safety features and equipment mandated by the FMVSS and cross-referenced in part 393. Under FMCSA’s Motor Carrier Safety Assistance Program, FMCSA and its State and local partners conduct more than 3 million roadside inspections each year on vehicles domiciled in the U.S., Mexico, and Canada operating in interstate commerce. Enforcement of the FMCSRs, and by extension the FMVSS they cross-reference, is the bedrock of these compliance activities, and helps ensure that all CMVs on U.S. highways are in safe and proper operating condition. srobinson on DSK5SPTVN1PROD with PROPOSALS National Transportation Safety Board Recommendations On December 8, 2009, the NTSB issued a series of recommendations to the Office of the Secretary of Transportation, FMCSA, and NHTSA concerning measures to ensure that CMVs operated in the U.S. are manufactured to comply with the applicable FMVSS. The recommendations were included in the NTSB’s highway crash report titled ‘‘Motorcoach Rollover on U.S. Highway 59 near Victoria, Texas on January 2, 2008’’ (HAR–09/03/SUM, PB2009– 916203). A copy of the report is 3 An individual or business registered with NHTSA as an importer may import non-complying motor vehicles into the United States if NHTSA has determined that the vehicles are capable of being readily altered to comply with all applicable standards in effect at the time the vehicle is imported. The registered importer must provide the Federal Government with a bond at least equal to the dutiable value of the vehicle before it can be imported and must bring the vehicle into full compliance before the vehicle may be sold and the bond released. VerDate Sep<11>2014 16:32 Jun 16, 2015 Jkt 235001 included in the docket referenced at the beginning of this notice. During its investigation of this crash, NTSB discovered that the motorcoach did not display an FMVSS certification label despite being registered in the U.S. While there is no indication that the absence of the FMVSS certification contributed to the crash, the NTSB noted the safety vulnerability of allowing vehicles without that certification to operate on the Nation’s highways. This rulemaking would help to address the problem of U.S.domiciled motor carriers acquiring and operating CMVs that were neither manufactured for sale nor modified for use in this country. Effect of the Certification Label Requirements on U.S.-Domiciled Motor Carrier Operations Generally, U.S.-domiciled motor carriers operating CMVs (as defined in 49 CFR 390.5) in interstate commerce have access to vehicles that were either originally manufactured domestically for use in the U.S. and have the required certification label, or were imported in accordance with the applicable NHTSA importation regulations. Imported vehicles must have the required label certifying the vehicle is in compliance with the applicable FMVSS. Therefore, most vehicles operated by U.S.domiciled motor carriers should have certification labels that meet the requirements of 49 CFR part 567.4 FMCSA’s Safety Responsibility NHTSA and FMCSA have complementary responsibilities to ensure vehicle safety under their respective enabling legislation. NHTSA’s responsibility generally covers the design and safety compliance testing of motor vehicles by manufacturers and others responsible for those activities. FMCSA’s responsibility concerns the safe operation of CMVs in interstate commerce, and the regulatory compliance of motor carriers and drivers conducting such operations. Generally, enforcement of the FMCSRs by FMCSA and its State partners is accomplished through roadside inspections. Under current roadside 4 The FMVSS and the certification label requirement are not applicable to vehicles or items of equipment manufactured for, and sold directly to, the Armed Forces of the United States in conformance with contract specifications (49 CFR 571.7). Therefore, when a motor carrier purchases surplus equipment from the Armed Forces for subsequent use in interstate commerce, the vehicle may not have a certification label. However, because the FMCSRs cross-reference most of the FMVSS, the motor carrier would be required to ensure that the vehicle was retrofitted to meet the referenced standards, as well as all applicable motor carrier regulations. PO 00000 Frm 00052 Fmt 4702 Sfmt 4702 34591 inspection enforcement procedures, if violations or deficiencies of the FMCSRs are serious enough to meet the current out-of-service criteria, the vehicle is prohibited from operating until the problems are corrected. The roadside inspection procedures are the same for all CMVs operated in the U.S., regardless of the motor carrier’s country of domicile. If FMCSA adopts the proposed rule, the Agency and its State partners would then be able to enforce the prohibition in 49 U.S.C. 30112 against the use or importation of non-compliant CMVs by citing U.S.-domiciled motor carriers that fail to display the required certification label. Enforcement action would be taken in a manner consistent with FMCSA’s existing compliance policies and programs on vehicle-oriented regulations under 49 CFR part 393.5 As it does with other violations of the FMCSRs, the Agency would compile data regarding uncertified vehicles and determine whether there are patterns of non-compliance by specific U.S.domiciled interstate motor carriers. V. Discussion of the Proposed Rule FMCSA is proposing to amend the FMCSRs to require that U.S.-domiciled motor carriers ensure that their CMVs have a certification label affixed to the vehicle by the vehicle manufacturer or by a DOT Registered Importer that meets the requirements of 49 CFR part 567. If a CMV operated by a U.S.-domiciled motor carrier is missing the certification label because of vehicle damage, deliberate removal, or other reasons, the motor carrier must obtain, and a driver must upon demand present, a letter issued by the vehicle manufacturer stating that the vehicle satisfied all applicable FMVSS in effect at the time of manufacture. As explained above, U.S.-domiciled motor carriers typically would have access only to vehicles that meet the applicable FMVSS and display a certification label that meets the requirements of 49 CFR part 567. Therefore, FMCSA does not expect that motor carriers would have to change the way they operate to comply with the requirements proposed today. However, the proposed rule would require U.S.domiciled motor carriers to maintain the label affixed by the manufacturer or DOT Registered Importer or other documentation that confirms the CMV was manufactured per the applicable 5 In other words, failure to display a certification label could result in a citation and fine during a roadside inspection, or a civil penalty as a result of a compliance review. Under the current out-ofservice criteria, it would not constitute grounds to place a vehicle out of service in the absence of vehicle defects meeting those criteria. E:\FR\FM\17JNP1.SGM 17JNP1 34592 Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Proposed Rules FMVSS. The Agency seeks comment on potential costs involved to replace the label in the instance of damage or other loss. VI. Regulatory Analyses Executive Order 12866 (Regulatory Planning and Review and DOT Regulatory Policies and Procedures as Supplemented by E.O. 13563) FMCSA has determined that this proposed rule is not a significant regulatory action within the meaning of Executive Order (E.O.) 12866, as supplemented by E.O. 13563 (76 FR 3821, January 21, 2011), or within the meaning of DOT regulatory policies and procedures (DOT Order 2100.5 dated May 22, 1980; 44 FR 11034, February 2, 1979). The Agency believes the potential economic impact is negligible because vehicles manufactured for sale and use in the United States have FMVSS certification labels or can be confirmed as being FMVSS-compliant by the manufacturer through a comparison of the vehicle’s VIN and the manufacturer’s production records. While a U.S.-domiciled carrier may occasionally obtain a vehicle that does not have an FMVSS certification, the Agency believes this practice would occur less frequently under the proposed rule. As such, the costs of the rule would not begin to approach the $100 million annual threshold for economic significance. Moreover, the Agency does not expect the rule to generate substantial congressional or public interest. This proposed rule therefore has not been formally reviewed by the Office of Management and Budget (OMB). srobinson on DSK5SPTVN1PROD with PROPOSALS Regulatory Flexibility Act The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) requires Federal agencies to consider the effects of the regulatory action on small business and other small entities and to minimize any significant economic impact. The term ‘‘small entities’’ comprises small businesses and not-for-profit organizations that are independently owned and operated and are not dominant in their fields and governmental jurisdictions with populations of less than 50,000. Accordingly, DOT policy requires an analysis of the impact of all regulations on small entities and mandates that agencies strive to lessen any adverse effects on these businesses. Under the Regulatory Flexibility Act, as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (Title II, Pub. L. 104–121, 110 Stat. 857, March 29, 1996), FMCSA does not VerDate Sep<11>2014 16:32 Jun 16, 2015 Jkt 235001 expect the proposed rule to have a significant economic impact on a substantial number of small entities. For those entities affected by this proposed rule, in the absence of definitive data on the cost to demonstrate FMVSS compliance at the time of manufacture for an otherwise FMVSS-compliant vehicle, FMCSA assumes the cost is minimal and poses no disproportionate burden to small entities. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996, FMCSA wants to assist small entities in understanding this proposed rule so that they can better evaluate its effects on them and participate in the rulemaking initiative. If the proposed rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please consult the FMCSA point of contact listed in the FOR FURTHER INFORMATION CONTACT section of the proposed rule. Small businesses may send comments on the actions of Federal employees who enforce or otherwise determine compliance with Federal regulations to the Small Business Administration’s Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you wish to comment on actions by employees of FMCSA, call 1–888–REG– FAIR (1–888–734–3247). DOT has a policy ensuring the rights of small entities to regulatory enforcement fairness and an explicit policy against retaliation for exercising these rights. Unfunded Mandates Reform Act of 1995 This proposed rule would not impose an unfunded Federal mandate, as defined by the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532 et seq.), that would result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $151 million (which is the value of $100 million in 2012 after adjusting for inflation) or more in any 1 year. Executive Order 13132 (Federalism) A rule has Federalism implications if it has a substantial direct effect on State or local governments and would either preempt State law or impose a substantial direct cost of compliance on the States. FMCSA has analyzed this proposed rule under Executive Order PO 00000 Frm 00053 Fmt 4702 Sfmt 4702 13132 and determined that it does not have Federalism implications. Executive Order 12988 (Civil Justice Reform) This proposed rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Executive Order 13045 (Protection of Children) E.O. 13045, Protection of Children from Environmental Health Risks and Safety Risks (62 FR 19885, Apr. 23, 1997), requires agencies issuing ‘‘economically significant’’ rules, if the regulation also concerns an environmental health or safety risk that an agency has reason to believe may disproportionately affect children, to include an evaluation of the regulation’s environmental health and safety effects on children. The Agency determined this proposed rule is not economically significant. Therefore, no analysis of the impacts on children is required. In any event, the Agency does not anticipate that this regulatory action could in any respect present an environmental or safety risk that could disproportionately affect children. Executive Order 12630 (Taking of Private Property) FMCSA reviewed this notice of proposed rulemaking in accordance with Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights, and has determined it will not effect a taking of private property or otherwise have taking implications. Privacy Impact Assessment Section 522 of title I of division H of the Consolidated Appropriations Act, 2005, enacted December 8, 2004 (Pub. L. 108–447, 118 Stat. 2809, 3268, 5 U.S.C. 552a note), requires the Agency to conduct a privacy impact assessment of a regulation that will affect the privacy of individuals. This rule does not require the collection of any personally identifiable information. The Privacy Act (5 U.S.C. 552a) applies only to Federal agencies and any non-Federal agency that receives records contained in a system of records from a Federal agency for use in a matching program. FMCSA has determined this proposed rule will not result in a new or revised Privacy Act System of Records for FMCSA. E:\FR\FM\17JNP1.SGM 17JNP1 Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Proposed Rules Executive Order 12372 (Intergovernmental Review) The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities do not apply to this program. Paperwork Reduction Act Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et seq.), Federal agencies must obtain approval from OMB for each collection of information they conduct, sponsor, or require through regulations. FMCSA determined that no new information collection requirements are associated with this NPRM. The information collection requirements associated with FMVSS certification labels are covered by NHTSA under OMB Control Number 2127–0512, ‘‘Consolidated Labeling Requirements for Motor Vehicles (Except the VIN Numbers).’’ srobinson on DSK5SPTVN1PROD with PROPOSALS National Environmental Policy Act and Clean Air Act FMCSA analyzed this proposed rule in accordance with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.) and determined under our environmental procedures Order 5610.1 (69 FR 9680, March 1, 2004) that this action does not have any effect on the quality of the environment. Therefore, this NPRM is categorically excluded (CE) from further analysis and documentation in an environmental assessment or environmental impact statement under FMCSA Order 5610.1, paragraph 6(b) of Appendix 2. The CE under paragraph 6(b) addresses rulemakings that make editorial or other minor amendments to existing FMCSA regulations. A Categorical Exclusion Determination is available for inspection or copying in the Regulations.gov Web site listed under ADDRESSES. FMCSA also analyzed this proposed rule under the Clean Air Act, as amended (CAA), section 176(c) (42 U.S.C. 7401 et seq.), and implementing regulations promulgated by the Environmental Protection Agency. Approval of this action is exempt from the CAA’s general conformity requirement since it does not affect direct or indirect emissions of criteria pollutants. Executive Order 12898 (Environmental Justice) Under E.O. 12898, each Federal agency must identify and address, as appropriate, ‘‘disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minority VerDate Sep<11>2014 16:32 Jun 16, 2015 Jkt 235001 populations and low-income populations’’ in the United States, its possessions, and territories. FMCSA evaluated the environmental justice effects of this proposed rule in accordance with the E.O., and has determined that no environmental justice issue is associated with this proposed rule, nor is there any collective environmental impact that would result from its promulgation. Executive Order 13211 (Energy Supply, Distribution, or Use) FMCSA has analyzed this proposed rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. FMCSA has determined that it is not a ‘‘significant energy action’’ under that executive order because it is not a ‘‘significant regulatory action’’ under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. Therefore, this proposed rule does not require a Statement of Energy Effects under Executive Order 13211. Executive Order 13175 (Indian Tribal Governments) This proposed rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. National Technology Transfer and Advancement Act The National Technology Transfer and Advancement Act (15 U.S.C. 272 note) requires Federal agencies proposing to adopt technical standards to consider whether voluntary consensus standards are available. If the Agency chooses to adopt its own standards in place of existing voluntary consensus standards, it must explain its decision in a separate statement to OMB. Because this NPRM does not involve the adoption of FMCSA technical standards, there is no need to submit a separate statement to OMB on this matter. E-Government Act of 2002 The E-Government Act of 2002, Public Law 107–347, section 208, 116 Stat. 2899, 2921 (Dec. 17, 2002), requires Federal agencies to conduct a privacy impact assessment for new or substantially changed technology that PO 00000 Frm 00054 Fmt 4702 Sfmt 9990 34593 collects, maintains, or disseminates information in an identifiable form. No new or substantially changed technology would collect, maintain, or disseminate information as a result of this proposed rule. As a result, FMCSA has not conducted a privacy impact assessment. List of Subjects in 49 CFR Part 393 Highway safety, Motor carriers, Motor vehicle safety. For the reasons stated above, FMCSA proposes to amend title 49, Code of Federal Regulations, chapter III, subchapter B part 393, as follows: PART 393—PARTS AND ACCESSORIES NECESSARY FOR SAFE OPERATION 1. The authority citation for part 393 continues to read as follows: ■ Authority: 49 U.S.C. 31136, 31151, and 31502; sec. 1041(b) of Pub. L. 102–240, 105 Stat. 1914, 1993 (1991); and 49 CFR 1.87. 2. Add § 393.8 to subpart A to read as follows: ■ § 393.8 Federal Motor Vehicle Safety Standard Certification Labels. (a) Each commercial motor vehicle operated by a U.S.-domiciled motor carrier, as indicated by its principal place of business, must be built or modified to meet all applicable Federal Motor Vehicle Safety Standards (FMVSS) (codified in 49 CFR part 571). The requirements must be satisfied by: (1) A label affixed by the vehicle manufacturer certifying that the vehicle was built to meet all applicable FMVSS in effect on the date of manufacture; or (2) A label affixed by a DOT Registered Importer, as defined in 49 CFR part 592, certifying that the vehicle has been modified to conform to all applicable FMVSS in effect on the date of manufacture; or (3) A letter issued by the vehicle manufacturer stating that the vehicle satisfied all applicable FMVSS in effect at the time of manufacture. (b) The certification labels required by this section must comply with the requirements of 49 CFR part 567. Issued under the authority of delegation in 49 CFR 1.87 on: May 27, 2015. T.F. Scott Darling, III, Chief Counsel. [FR Doc. 2015–14934 Filed 6–16–15; 8:45 am] BILLING CODE 4910–EX–P E:\FR\FM\17JNP1.SGM 17JNP1

Agencies

[Federal Register Volume 80, Number 116 (Wednesday, June 17, 2015)]
[Proposed Rules]
[Pages 34588-34593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14934]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 393

[Docket No. FMCSA-2014-0428]
RIN 2126-AB67


Parts and Accessories Necessary for Safe Operation: Federal Motor 
Vehicle Safety Standards Certification for Commercial Motor Vehicles 
Operated by United States-Domiciled Motor Carriers

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of Proposed Rulemaking (NPRM), request for comments.

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SUMMARY: FMCSA proposes to amend the Federal Motor Carrier Safety 
Regulations (FMCSRs) by requiring United States-domiciled (U.S.- 
domiciled) motor carriers engaged in interstate commerce to use only 
commercial motor vehicles (CMV) that display a certification label 
affixed by the vehicle manufacturer or a U.S. Department of 
Transportation (DOT) Registered Importer, indicating that the vehicle 
satisfied all applicable Federal Motor Vehicle Safety Standards (FMVSS) 
in effect at the time of manufacture. If the certification label is 
missing, the motor carrier must obtain, and a driver upon demand 
present, a letter issued by the vehicle manufacturer stating that the 
vehicle met all applicable FMVSS in effect at the time of manufacture.

DATES: You may submit comments by August 3, 2015.

ADDRESSES: Comments to the rulemaking docket should refer to Docket ID 
Number FMCSA-2014-0428- or RIN 2126-AB67, and be submitted to the 
Administrator, Federal Motor Carrier Safety Administration using any of 
the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility (M-30), U.S. Department 
of Transportation, Room W12-140, 1200 New Jersey Avenue SE., 
Washington, DC 20590-0001.

[[Page 34589]]

     Hand Delivery: Ground Floor, Room W12-140, DOT Building, 
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 
p.m. e.t., Monday through Friday, except Federal holidays.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: Michael Huntley, Chief, Vehicle and 
Roadside Operations Division, Office of Policy, Federal Motor Carrier 
Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 
20590-0001, by telephone at (202) 366-9209 or via email at 
Michael.Huntley@dot.gov. FMCSA office hours are from 9 a.m. to 5 p.m., 
e.t Monday through Friday, except Federal holidays. If you have 
questions on viewing or submitting material to the docket, contact 
Docket Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Public Participation and Request for Comments
II. Executive Summary
III. Legal Basis for the Rulemaking
IV. Background
V. Discussion of the Proposed Rule
VI. Regulatory Analyses

I. Public Participation and Request for Comments

    FMCSA invites you to participate in this rulemaking by submitting 
comments and related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (FMCSA-2014-0428), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online or by fax, mail, or hand delivery, but please use only one of 
these means. FMCSA recommends that you include your name and a mailing 
address, an email address, or a phone number in the body of your 
document so that FMCSA can contact you if there are questions regarding 
your submission.
    To submit your comment online, go to 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 
``Rules,'' insert ``FMCSA-2014-0428'' in the ``Keyword'' box, and click 
``Search.'' When the new screen appears, click on ``Submit a Comment'' 
in the ``Actions'' column. If you submit your comments by mail or hand 
delivery, submit them in an unbound format, no larger than 8\1/2\ by 11 
inches, suitable for copying and electronic filing. If you submit 
comments by mail and would like to know that they reached the facility, 
please enclose a stamped, self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the 
comment period and may change this proposed rule based on your 
comments.

Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
preamble, go to 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-2014-0428'' and click ``Search.'' Next, 
click the ``Open Docket Folder'' in the ``Actions'' column. Finally, in 
the ``Title'' column, click on the document you would like to review. 
If you do not have access to the Internet, you may view the docket 
online by visiting the Docket Management Facility in Room W12-140 on 
the ground floor of the Department of Transportation West Building, 
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., e.t., Monday through Friday, except Federal holidays.

Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the 
public to better inform its rulemaking process. DOT posts these 
comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

II. Executive Summary

Purpose and Summary of the Major Provisions

    The FMCSRs require that motor carriers operating CMVs in the U.S., 
including Mexico- and Canada-domiciled carriers, ensure that the 
vehicles are equipped with the applicable safety equipment and features 
specified in 49 CFR part 393, Parts and Accessories Necessary for Safe 
Operations, which includes cross references to safety equipment and 
features that must be installed at the time of production. The National 
Highway Traffic Safety Administration (NHTSA) requires vehicle 
manufacturers to certify that the vehicles they produce for sale and 
use in the U.S. meet all applicable FMVSS in effect at the time of 
manufacture. In addition, they must affix an FMVSS certification label 
to each vehicle in accordance with the requirements of 49 CFR part 567. 
This NPRM would require U.S.-domiciled motor carriers engaged in 
interstate commerce to use only CMVs that display an FMVSS 
certification label affixed by the vehicle manufacturer indicating that 
the vehicle: (1) satisfied all applicable FMVSS in effect at the time 
of manufacture; or (2) has been modified to meet those standards and 
legally imported by a DOT Registered Importer. In the absence of such a 
label (e.g., because of vehicle damage or deliberate removal), the 
motor carrier must obtain, and a driver upon demand present, a letter 
issued by the vehicle manufacturer stating that the vehicle satisfied 
all applicable FMVSS in effect on the date of manufacture. The 
manufacturer should be able to determine quickly whether the vehicle 
was built to comply with the FMVSS by comparing the vehicle 
identification number (VIN) to its production records.
    In the event a vehicle does not display a certification label, 
motor carriers would be responsible for providing their drivers with a 
letter from the vehicle manufacturer to present to Federal or State 
enforcement officials upon request.
    This proposed rule would address the National Transportation Safety 
Board's (NTSB) concerns about the operation of CMVs that do not display 
certification labels. It would not apply to foreign-domiciled vehicles 
(i.e., CMVs operated by Mexico- and Canada-domiciled motor carriers) 
engaged in international traffic, as regulations enforced by U.S. 
Customs and Border Protection permit such vehicles to be admitted to 
the U.S. without formal importation, payment of duty, or compliance 
with the FMVSS.\1\
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    \1\ The applicable Customs and Border Protection regulations 
governing instruments of international traffic are found in 19 CFR 
10.41, 10.41a, and part 123, subpart B. With certain exceptions, 
instruments of international traffic may be released without entry 
or the payment of duty, subject to the provisions set forth in these 
regulations.
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Benefits and Costs

    Generally, motor carriers engaging in interstate commerce with a 
principal place of business in the U.S. would not experience any 
regulatory burden as a result of this rulemaking unless the motor 
carrier: (1) had vehicles with missing certification labels; or (2) had 
acquired a vehicle that was not originally manufactured for sale or use

[[Page 34590]]

in this country that had somehow been improperly imported. The Agency 
lacks data on the prevalence of such vehicles in the fleets of U.S.-
domiciled motor carriers. FMCSA seeks comment on: (1) the size of the 
CMV population originally certified as FMVSS-compliant that now lacks 
certification labels because of vehicle damage, deliberate removal, or 
other reasons; and (2) the number of CMVs operated by U.S.-domiciled 
carriers that lack certification labels because they were neither 
designed nor certified to be FMVSS-compliant. FMCSA believes that most 
missing labels fall into the first of these two categories.
    This rulemaking is not intended to deprive motor carriers of the 
use of vehicles produced in compliance with the appropriate FMVSS, but 
rather to prevent vehicles not manufactured or modified to meet those 
standards from being operated by U.S.-domiciled interstate carriers.
    FMCSA believes this rulemaking would have no impact on the vast 
majority of U.S. carriers. Because motor vehicles manufactured for sale 
or use in the U.S. must display an FMVSS certification label, and 
because vehicles that are properly imported by a Registered Importer 
must likewise display an FMVSS certification label, all vehicles 
operated by U.S. motor carriers would typically already have such 
labels. However, there may be circumstances where a CMV lacking an 
FMVSS certification label is used in interstate commerce by an American 
carrier. This NPRM would force the carrier to incur one-time costs to 
determine whether the label had simply been lost or, more seriously, 
whether the vehicle may have been improperly imported. In order to 
minimize those costs, FMCSA will accept as proof of compliance with the 
FMVSS a letter from the vehicle manufacturer stating that the subject 
vehicle satisfied all applicable FMVSS in effect at the time of 
manufacture. The Agency is unable to quantify the costs associated with 
this alternative demonstration of compliance, but expects them to be 
minimal. FMCSA seeks comment on the cost and effectiveness of this 
letter-based validation process when an FMVSS certification label is 
missing or too damaged to read.
    With regard to benefits, the rule would make it easier for FMCSA 
and its State partners to identify CMVs operated by U.S.-domiciled 
motor carriers that may have been introduced into interstate commerce 
without the proper FMVSS certification.
    In the absence of monetizeable benefits, and due to uncertainty 
regarding the size of the affected population and the costs to comply 
with this rulemaking, FMCSA proposes to use a threshold analysis to 
quantify the benefits necessary to offset the costs of the rule. This 
threshold analysis will be included in the final rule, drawing upon 
information provided in comments to the docket and other data to 
establish lower and upper bounds for costs. The Agency seeks comments 
on the value of a threshold analysis versus a qualitative assessment of 
the rule's potential impact.

III. Legal Basis for the Rulemaking

    This NPRM is based on the authority of the Motor Carrier Act of 
1935 (1935 Act) and the Motor Carrier Safety Act of 1984 (MCSA or 1984 
Act), both of which provide broad discretion to the Secretary of 
Transportation (Secretary) in implementing their provisions.
    The 1935 Act provides that the Secretary may prescribe requirements 
for: (1) qualifications and maximum hours of service of employees of, 
and safety of operation and equipment of, a motor carrier [49 U.S.C. 
31502(b)(1)]; and (2) qualifications and maximum hours of service of 
employees of, and standards of equipment of, a motor private carrier, 
when needed to promote safety of operation [49 U.S.C. 31502(b)(2)]. 
These proposed amendments are based on the Secretary's authority to 
regulate the safety and standards of equipment of for-hire and private 
motor carriers.
    The 1984 Act gives the Secretary concurrent authority to regulate 
CMVs and the drivers and motor carriers that operate them, as well as 
the vehicles themselves [49 U.S.C. 31136(a)]. Section 31136(a) requires 
the Secretary to publish regulations on CMV safety. Specifically, the 
Act sets forth minimum safety standards to ensure that: (1) CMVs are 
maintained, equipped, loaded, and operated safely [49 U.S.C. 
31136(a)(1)]; (2) the responsibilities imposed on operators of CMVs do 
not impair their ability to operate the vehicles safely [49 U.S.C. 
31136(a)(2)]; (3) the physical condition of CMV operators is adequate 
to enable them to operate the vehicles safely [49 U.S.C. 31136(a)(3)]; 
and (4) the operation of CMVs does not have a deleterious effect on the 
physical condition of the operators [49 U.S.C. 31136(a)(4)]. Section 
32911 of the Moving Ahead for Progress in the 21st Century Act (MAP-21) 
[Pub. L. 112-141, 126 Stat. 405, 818, July 6, 2012] enacted a fifth 
requirement, i.e., that the regulations ensure that ``(5) an operator 
of a commercial motor vehicle is not coerced by a motor carrier, 
shipper, receiver, or transportation intermediary to operate a 
commercial motor vehicle in violation of a regulation promulgated under 
this section, or chapter 51 [Transportation of Hazardous Material] or 
chapter 313 [Commercial Motor Vehicle Operators] of this title'' [49 
U.S.C. 31136(a)(5)].
    This proposed rule would prohibit U.S-domiciled motor carriers from 
operating CMVs that are not appropriately labeled to document that they 
met all applicable FMVSS in effect at the time of manufacture. Motor 
carriers could continue to purchase foreign vehicles for importation 
into the United States, but NHTSA requires these vehicles to have 
documentation and labels to verify that they have been modified to 
comply with the applicable FMVSS. Because FMCSA has exercised its 
statutory authority to include cross-references to the FMVSS in the 
FMCSRs, this rulemaking is consistent with 49 U.S.C. 31136(a)(1). This 
proposed rule does not impact the responsibilities or physical 
condition of drivers as contemplated by 49 U.S.C. 31136(a)(2) and (3), 
respectively, and deals with 49 U.S.C. 31136(a)(4) only to the extent 
that a vehicle operated in accordance with the safety regulations is 
less likely to have a deleterious effect on the physical condition of a 
driver. Because both: (1) the number of vehicles operated by U.S.-
domiciled motor carriers without an FMVSS certification label; and (2) 
the cost of demonstrating FMVSS compliance through a letter from the 
vehicle manufacturer, are expected to be small, the Agency believes 
that the number of drivers who might be coerced to operate CMVs that do 
not comply with this rule is de minimis, and may be zero. FMCSA has 
considered the costs and benefits of the rule, as required by 49 U.S.C. 
31136(c)(2)(A) and 31502(d).

IV. Background

    Part 567 of title 49 of the Code of Federal Regulations (49 CFR 
part 567) requires that manufacturers of motor vehicles built for sale 
or use in the U.S. must affix a label certifying that the motor vehicle 
meets all applicable FMVSS in effect on the date of manufacture.\2\ 
Part 567 provides detailed requirements concerning the location of and 
information to be displayed on the label. These requirements are 
applicable to manufacturers of CMVs produced for use in the U.S. The 
label must be affixed prior to the first sale of the CMV.
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    \2\ These standards are codified in 49 CFR part 571. Most, but 
not all, of the FMVSS are cross-referenced in existing requirements 
of part 393.

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[[Page 34591]]

    The National Traffic and Motor Vehicle Safety Act (Vehicle Safety 
Act) (49 U.S.C. 30101, et seq.) expressly prohibits vehicles from being 
imported into the U.S. unless the vehicles--
    (a) Comply with all applicable FMVSS in effect on the date of 
manufacture, and
    (b) Bear a label certifying compliance with the FMVSS and applied 
to the vehicle either by a manufacturer at the time of manufacture or 
by a DOT Registered Importer after the vehicle has been brought into 
compliance.\3\ This statutory requirement is currently codified at 49 
U.S.C. 30112 and implemented in NHTSA's regulations codified at 49 CFR 
parts 567 and 571.
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    \3\ An individual or business registered with NHTSA as an 
importer may import non-complying motor vehicles into the United 
States if NHTSA has determined that the vehicles are capable of 
being readily altered to comply with all applicable standards in 
effect at the time the vehicle is imported. The registered importer 
must provide the Federal Government with a bond at least equal to 
the dutiable value of the vehicle before it can be imported and must 
bring the vehicle into full compliance before the vehicle may be 
sold and the bond released.
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    Under this proposal, all motor carriers operating in interstate 
commerce, including Mexico- and Canada-domiciled motor carriers, would 
continue to be responsible for complying with FMCSA's vehicle-related 
requirements in 49 CFR part 393, including the specific safety features 
and equipment mandated by the FMVSS and cross-referenced in part 393. 
Under FMCSA's Motor Carrier Safety Assistance Program, FMCSA and its 
State and local partners conduct more than 3 million roadside 
inspections each year on vehicles domiciled in the U.S., Mexico, and 
Canada operating in interstate commerce. Enforcement of the FMCSRs, and 
by extension the FMVSS they cross-reference, is the bedrock of these 
compliance activities, and helps ensure that all CMVs on U.S. highways 
are in safe and proper operating condition.

National Transportation Safety Board Recommendations

    On December 8, 2009, the NTSB issued a series of recommendations to 
the Office of the Secretary of Transportation, FMCSA, and NHTSA 
concerning measures to ensure that CMVs operated in the U.S. are 
manufactured to comply with the applicable FMVSS. The recommendations 
were included in the NTSB's highway crash report titled ``Motorcoach 
Rollover on U.S. Highway 59 near Victoria, Texas on January 2, 2008'' 
(HAR-09/03/SUM, PB2009-916203). A copy of the report is included in the 
docket referenced at the beginning of this notice.
    During its investigation of this crash, NTSB discovered that the 
motorcoach did not display an FMVSS certification label despite being 
registered in the U.S. While there is no indication that the absence of 
the FMVSS certification contributed to the crash, the NTSB noted the 
safety vulnerability of allowing vehicles without that certification to 
operate on the Nation's highways. This rulemaking would help to address 
the problem of U.S.-domiciled motor carriers acquiring and operating 
CMVs that were neither manufactured for sale nor modified for use in 
this country.

Effect of the Certification Label Requirements on U.S.-Domiciled Motor 
Carrier Operations

    Generally, U.S.-domiciled motor carriers operating CMVs (as defined 
in 49 CFR 390.5) in interstate commerce have access to vehicles that 
were either originally manufactured domestically for use in the U.S. 
and have the required certification label, or were imported in 
accordance with the applicable NHTSA importation regulations. Imported 
vehicles must have the required label certifying the vehicle is in 
compliance with the applicable FMVSS. Therefore, most vehicles operated 
by U.S.-domiciled motor carriers should have certification labels that 
meet the requirements of 49 CFR part 567.\4\
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    \4\ The FMVSS and the certification label requirement are not 
applicable to vehicles or items of equipment manufactured for, and 
sold directly to, the Armed Forces of the United States in 
conformance with contract specifications (49 CFR 571.7). Therefore, 
when a motor carrier purchases surplus equipment from the Armed 
Forces for subsequent use in interstate commerce, the vehicle may 
not have a certification label. However, because the FMCSRs cross-
reference most of the FMVSS, the motor carrier would be required to 
ensure that the vehicle was retrofitted to meet the referenced 
standards, as well as all applicable motor carrier regulations.
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FMCSA's Safety Responsibility

    NHTSA and FMCSA have complementary responsibilities to ensure 
vehicle safety under their respective enabling legislation. NHTSA's 
responsibility generally covers the design and safety compliance 
testing of motor vehicles by manufacturers and others responsible for 
those activities. FMCSA's responsibility concerns the safe operation of 
CMVs in interstate commerce, and the regulatory compliance of motor 
carriers and drivers conducting such operations. Generally, enforcement 
of the FMCSRs by FMCSA and its State partners is accomplished through 
roadside inspections. Under current roadside inspection enforcement 
procedures, if violations or deficiencies of the FMCSRs are serious 
enough to meet the current out-of-service criteria, the vehicle is 
prohibited from operating until the problems are corrected. The 
roadside inspection procedures are the same for all CMVs operated in 
the U.S., regardless of the motor carrier's country of domicile.
    If FMCSA adopts the proposed rule, the Agency and its State 
partners would then be able to enforce the prohibition in 49 U.S.C. 
30112 against the use or importation of non-compliant CMVs by citing 
U.S.-domiciled motor carriers that fail to display the required 
certification label. Enforcement action would be taken in a manner 
consistent with FMCSA's existing compliance policies and programs on 
vehicle-oriented regulations under 49 CFR part 393.\5\ As it does with 
other violations of the FMCSRs, the Agency would compile data regarding 
uncertified vehicles and determine whether there are patterns of non-
compliance by specific U.S.-domiciled interstate motor carriers.
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    \5\ In other words, failure to display a certification label 
could result in a citation and fine during a roadside inspection, or 
a civil penalty as a result of a compliance review. Under the 
current out-of-service criteria, it would not constitute grounds to 
place a vehicle out of service in the absence of vehicle defects 
meeting those criteria.
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V. Discussion of the Proposed Rule

    FMCSA is proposing to amend the FMCSRs to require that U.S.-
domiciled motor carriers ensure that their CMVs have a certification 
label affixed to the vehicle by the vehicle manufacturer or by a DOT 
Registered Importer that meets the requirements of 49 CFR part 567. If 
a CMV operated by a U.S.-domiciled motor carrier is missing the 
certification label because of vehicle damage, deliberate removal, or 
other reasons, the motor carrier must obtain, and a driver must upon 
demand present, a letter issued by the vehicle manufacturer stating 
that the vehicle satisfied all applicable FMVSS in effect at the time 
of manufacture. As explained above, U.S.-domiciled motor carriers 
typically would have access only to vehicles that meet the applicable 
FMVSS and display a certification label that meets the requirements of 
49 CFR part 567. Therefore, FMCSA does not expect that motor carriers 
would have to change the way they operate to comply with the 
requirements proposed today. However, the proposed rule would require 
U.S.-domiciled motor carriers to maintain the label affixed by the 
manufacturer or DOT Registered Importer or other documentation that 
confirms the CMV was manufactured per the applicable

[[Page 34592]]

FMVSS. The Agency seeks comment on potential costs involved to replace 
the label in the instance of damage or other loss.

VI. Regulatory Analyses

Executive Order 12866 (Regulatory Planning and Review and DOT 
Regulatory Policies and Procedures as Supplemented by E.O. 13563)

    FMCSA has determined that this proposed rule is not a significant 
regulatory action within the meaning of Executive Order (E.O.) 12866, 
as supplemented by E.O. 13563 (76 FR 3821, January 21, 2011), or within 
the meaning of DOT regulatory policies and procedures (DOT Order 2100.5 
dated May 22, 1980; 44 FR 11034, February 2, 1979). The Agency believes 
the potential economic impact is negligible because vehicles 
manufactured for sale and use in the United States have FMVSS 
certification labels or can be confirmed as being FMVSS-compliant by 
the manufacturer through a comparison of the vehicle's VIN and the 
manufacturer's production records. While a U.S.-domiciled carrier may 
occasionally obtain a vehicle that does not have an FMVSS 
certification, the Agency believes this practice would occur less 
frequently under the proposed rule. As such, the costs of the rule 
would not begin to approach the $100 million annual threshold for 
economic significance. Moreover, the Agency does not expect the rule to 
generate substantial congressional or public interest. This proposed 
rule therefore has not been formally reviewed by the Office of 
Management and Budget (OMB).

Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) 
requires Federal agencies to consider the effects of the regulatory 
action on small business and other small entities and to minimize any 
significant economic impact. The term ``small entities'' comprises 
small businesses and not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields 
and governmental jurisdictions with populations of less than 50,000. 
Accordingly, DOT policy requires an analysis of the impact of all 
regulations on small entities and mandates that agencies strive to 
lessen any adverse effects on these businesses.
    Under the Regulatory Flexibility Act, as amended by the Small 
Business Regulatory Enforcement Fairness Act of 1996 (Title II, Pub. L. 
104-121, 110 Stat. 857, March 29, 1996), FMCSA does not expect the 
proposed rule to have a significant economic impact on a substantial 
number of small entities. For those entities affected by this proposed 
rule, in the absence of definitive data on the cost to demonstrate 
FMVSS compliance at the time of manufacture for an otherwise FMVSS-
compliant vehicle, FMCSA assumes the cost is minimal and poses no 
disproportionate burden to small entities.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996, FMCSA wants to assist small entities in 
understanding this proposed rule so that they can better evaluate its 
effects on them and participate in the rulemaking initiative. If the 
proposed rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please consult the FMCSA point of 
contact listed in the FOR FURTHER INFORMATION CONTACT section of the 
proposed rule.
    Small businesses may send comments on the actions of Federal 
employees who enforce or otherwise determine compliance with Federal 
regulations to the Small Business Administration's Small Business and 
Agriculture Regulatory Enforcement Ombudsman and the Regional Small 
Business Regulatory Fairness Boards. The Ombudsman evaluates these 
actions annually and rates each agency's responsiveness to small 
business. If you wish to comment on actions by employees of FMCSA, call 
1-888-REG-FAIR (1-888-734-3247). DOT has a policy ensuring the rights 
of small entities to regulatory enforcement fairness and an explicit 
policy against retaliation for exercising these rights.

Unfunded Mandates Reform Act of 1995

    This proposed rule would not impose an unfunded Federal mandate, as 
defined by the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532 et 
seq.), that would result in the expenditure by State, local, and tribal 
governments, in the aggregate, or by the private sector, of $151 
million (which is the value of $100 million in 2012 after adjusting for 
inflation) or more in any 1 year.

Executive Order 13132 (Federalism)

    A rule has Federalism implications if it has a substantial direct 
effect on State or local governments and would either preempt State law 
or impose a substantial direct cost of compliance on the States. FMCSA 
has analyzed this proposed rule under Executive Order 13132 and 
determined that it does not have Federalism implications.

Executive Order 12988 (Civil Justice Reform)

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Executive Order 13045 (Protection of Children)

    E.O. 13045, Protection of Children from Environmental Health Risks 
and Safety Risks (62 FR 19885, Apr. 23, 1997), requires agencies 
issuing ``economically significant'' rules, if the regulation also 
concerns an environmental health or safety risk that an agency has 
reason to believe may disproportionately affect children, to include an 
evaluation of the regulation's environmental health and safety effects 
on children. The Agency determined this proposed rule is not 
economically significant. Therefore, no analysis of the impacts on 
children is required. In any event, the Agency does not anticipate that 
this regulatory action could in any respect present an environmental or 
safety risk that could disproportionately affect children.

Executive Order 12630 (Taking of Private Property)

    FMCSA reviewed this notice of proposed rulemaking in accordance 
with Executive Order 12630, Governmental Actions and Interference with 
Constitutionally Protected Property Rights, and has determined it will 
not effect a taking of private property or otherwise have taking 
implications.

Privacy Impact Assessment

    Section 522 of title I of division H of the Consolidated 
Appropriations Act, 2005, enacted December 8, 2004 (Pub. L. 108-447, 
118 Stat. 2809, 3268, 5 U.S.C. 552a note), requires the Agency to 
conduct a privacy impact assessment of a regulation that will affect 
the privacy of individuals. This rule does not require the collection 
of any personally identifiable information.
    The Privacy Act (5 U.S.C. 552a) applies only to Federal agencies 
and any non-Federal agency that receives records contained in a system 
of records from a Federal agency for use in a matching program. FMCSA 
has determined this proposed rule will not result in a new or revised 
Privacy Act System of Records for FMCSA.

[[Page 34593]]

Executive Order 12372 (Intergovernmental Review)

    The regulations implementing Executive Order 12372 regarding 
intergovernmental consultation on Federal programs and activities do 
not apply to this program.

Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et 
seq.), Federal agencies must obtain approval from OMB for each 
collection of information they conduct, sponsor, or require through 
regulations. FMCSA determined that no new information collection 
requirements are associated with this NPRM. The information collection 
requirements associated with FMVSS certification labels are covered by 
NHTSA under OMB Control Number 2127-0512, ``Consolidated Labeling 
Requirements for Motor Vehicles (Except the VIN Numbers).''

National Environmental Policy Act and Clean Air Act

    FMCSA analyzed this proposed rule in accordance with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.) and 
determined under our environmental procedures Order 5610.1 (69 FR 9680, 
March 1, 2004) that this action does not have any effect on the quality 
of the environment. Therefore, this NPRM is categorically excluded (CE) 
from further analysis and documentation in an environmental assessment 
or environmental impact statement under FMCSA Order 5610.1, paragraph 
6(b) of Appendix 2. The CE under paragraph 6(b) addresses rulemakings 
that make editorial or other minor amendments to existing FMCSA 
regulations. A Categorical Exclusion Determination is available for 
inspection or copying in the Regulations.gov Web site listed under 
ADDRESSES.
    FMCSA also analyzed this proposed rule under the Clean Air Act, as 
amended (CAA), section 176(c) (42 U.S.C. 7401 et seq.), and 
implementing regulations promulgated by the Environmental Protection 
Agency. Approval of this action is exempt from the CAA's general 
conformity requirement since it does not affect direct or indirect 
emissions of criteria pollutants.

Executive Order 12898 (Environmental Justice)

    Under E.O. 12898, each Federal agency must identify and address, as 
appropriate, ``disproportionately high and adverse human health or 
environmental effects of its programs, policies, and activities on 
minority populations and low-income populations'' in the United States, 
its possessions, and territories. FMCSA evaluated the environmental 
justice effects of this proposed rule in accordance with the E.O., and 
has determined that no environmental justice issue is associated with 
this proposed rule, nor is there any collective environmental impact 
that would result from its promulgation.

Executive Order 13211 (Energy Supply, Distribution, or Use)

    FMCSA has analyzed this proposed rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. FMCSA has determined that it is not a 
``significant energy action'' under that executive order because it is 
not a ``significant regulatory action'' under Executive Order 12866 and 
is not likely to have a significant adverse effect on the supply, 
distribution, or use of energy. Therefore, this proposed rule does not 
require a Statement of Energy Effects under Executive Order 13211.

Executive Order 13175 (Indian Tribal Governments)

    This proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

National Technology Transfer and Advancement Act

    The National Technology Transfer and Advancement Act (15 U.S.C. 272 
note) requires Federal agencies proposing to adopt technical standards 
to consider whether voluntary consensus standards are available. If the 
Agency chooses to adopt its own standards in place of existing 
voluntary consensus standards, it must explain its decision in a 
separate statement to OMB. Because this NPRM does not involve the 
adoption of FMCSA technical standards, there is no need to submit a 
separate statement to OMB on this matter.

E-Government Act of 2002

    The E-Government Act of 2002, Public Law 107-347, section 208, 116 
Stat. 2899, 2921 (Dec. 17, 2002), requires Federal agencies to conduct 
a privacy impact assessment for new or substantially changed technology 
that collects, maintains, or disseminates information in an 
identifiable form. No new or substantially changed technology would 
collect, maintain, or disseminate information as a result of this 
proposed rule. As a result, FMCSA has not conducted a privacy impact 
assessment.

List of Subjects in 49 CFR Part 393

    Highway safety, Motor carriers, Motor vehicle safety.

    For the reasons stated above, FMCSA proposes to amend title 49, 
Code of Federal Regulations, chapter III, subchapter B part 393, as 
follows:

PART 393--PARTS AND ACCESSORIES NECESSARY FOR SAFE OPERATION

0
1. The authority citation for part 393 continues to read as follows:

    Authority: 49 U.S.C. 31136, 31151, and 31502; sec. 1041(b) of 
Pub. L. 102-240, 105 Stat. 1914, 1993 (1991); and 49 CFR 1.87.

0
2. Add Sec.  393.8 to subpart A to read as follows:


Sec.  393.8  Federal Motor Vehicle Safety Standard Certification 
Labels.

    (a) Each commercial motor vehicle operated by a U.S.-domiciled 
motor carrier, as indicated by its principal place of business, must be 
built or modified to meet all applicable Federal Motor Vehicle Safety 
Standards (FMVSS) (codified in 49 CFR part 571). The requirements must 
be satisfied by:
    (1) A label affixed by the vehicle manufacturer certifying that the 
vehicle was built to meet all applicable FMVSS in effect on the date of 
manufacture; or
    (2) A label affixed by a DOT Registered Importer, as defined in 49 
CFR part 592, certifying that the vehicle has been modified to conform 
to all applicable FMVSS in effect on the date of manufacture; or
    (3) A letter issued by the vehicle manufacturer stating that the 
vehicle satisfied all applicable FMVSS in effect at the time of 
manufacture.
    (b) The certification labels required by this section must comply 
with the requirements of 49 CFR part 567.

    Issued under the authority of delegation in 49 CFR 1.87 on: May 
27, 2015.
T.F. Scott Darling, III,
Chief Counsel.
[FR Doc. 2015-14934 Filed 6-16-15; 8:45 am]
 BILLING CODE 4910-EX-P

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