80_FR_34704 80 FR 34588 - Parts and Accessories Necessary for Safe Operation: Federal Motor Vehicle Safety Standards Certification for Commercial Motor Vehicles Operated by United States-Domiciled Motor Carriers

80 FR 34588 - Parts and Accessories Necessary for Safe Operation: Federal Motor Vehicle Safety Standards Certification for Commercial Motor Vehicles Operated by United States-Domiciled Motor Carriers

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 116 (June 17, 2015)

Page Range34588-34593
FR Document2015-14934

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.

Federal Register, Volume 80 Issue 116 (Wednesday, June 17, 2015)
[Federal Register Volume 80, Number 116 (Wednesday, June 17, 2015)]
[Proposed Rules]
[Pages 34588-34593]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-14934]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 393

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


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

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

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

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

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

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

[[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 
[email protected]. FMCSA office hours are from 9 a.m. to 5 p.m., 
e.t Monday through Friday, except Federal holidays. If you have 
questions on viewing or submitting material to the docket, contact 
Docket Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Contents

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

I. Public Participation and Request for Comments

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

Submitting Comments

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

Viewing Comments and Documents

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

Privacy Act

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

II. Executive Summary

Purpose and Summary of the Major Provisions

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

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

[[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



                                                  34588                 Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Proposed Rules

                                                     Covered entity means an entity that is               greater than the calculated ceiling price.             resulted in the covered entity
                                                  listed within section 340B(a)(4) of the                 The refunds or credits for the first three             purchasing at the non-340B price.
                                                  PHSA, meets the requirements under                      quarters must be provided to covered                     Editorial Note: This document was
                                                  section 340B(a)(5) of the PHSA, and is                  entities by the end of the fourth quarter.             received for publication by the Office of the
                                                  registered and listed in the 340B                                                                              Federal Register on June 10, 2015.
                                                  database.                                               § 10.11 Manufacturer civil monetary
                                                                                                          penalties.                                             [FR Doc. 2015–14648 Filed 6–16–15; 8:45 am]
                                                     Covered outpatient drug has the                                                                             BILLING CODE 4165–15–P
                                                  meaning set forth in section 1927(k) of                    (a) General.Any manufacturer with a
                                                  the Social Security Act.                                pharmaceutical pricing agreement that
                                                     Manufacturer has the meaning set                     knowingly and intentionally charges a
                                                                                                          covered entity more than the ceiling                   DEPARTMENT OF TRANSPORTATION
                                                  forth in section 1927(k) of the Social
                                                  Security Act.                                           price, as defined in § 10.10, for a
                                                                                                                                                                 Federal Motor Carrier Safety
                                                     National Drug Code (NDC) has the                     covered outpatient drug, may be subject
                                                                                                                                                                 Administration
                                                  meaning set forth in 42 CFR 447.502.                    to a civil monetary penalty not to
                                                     Pharmaceutical Pricing Agreement                     exceed $5,000 for each instance of
                                                                                                                                                                 49 CFR Part 393
                                                  (PPA) means an agreement described in                   overcharging a covered entity, as
                                                  section 340B(a)(1) of the PHSA.                         defined in paragraph (b) of this section.              [Docket No. FMCSA–2014–0428]
                                                     Quarter refers to a calendar quarter                 This penalty will be imposed pursuant                  RIN 2126–AB67
                                                  unless otherwise specified.                             to the procedures at 42 CFR part 1003.
                                                     Secretary means the Secretary of the                 Any civil monetary penalty assessed                    Parts and Accessories Necessary for
                                                  Department of Health and Human                          will be in addition to repayment for an                Safe Operation: Federal Motor Vehicle
                                                  Services and any other officer of                       instance of overcharging as required by                Safety Standards Certification for
                                                  employee of the Department of Health                    section 340B(d)(1)(B)(ii) of the PHSA.                 Commercial Motor Vehicles Operated
                                                  and Human Services to whom the                             (b) Instance of overcharging. An                    by United States-Domiciled Motor
                                                  authority involved has been delegated.                  instance of overcharging is any order for              Carriers
                                                     Wholesaler has the meaning set forth                 a covered outpatient drug, by NDC,
                                                  in 42 U.S.C. 1396r–8(k)(11).                            which results in a covered entity paying               AGENCY: Federal Motor Carrier Safety
                                                                                                          more than the ceiling price, as defined                Administration (FMCSA), DOT.
                                                  Subpart B—340B Ceiling Price                            in § 10.10, for that covered outpatient                ACTION: Notice of Proposed Rulemaking
                                                                                                          drug.                                                  (NPRM), request for comments.
                                                  § 10.10 Ceiling price for a covered
                                                  outpatient drug.                                           (1) Each order for an NDC will                      SUMMARY:    FMCSA proposes to amend
                                                     A manufacturer is required to                        constitute a single instance, regardless               the Federal Motor Carrier Safety
                                                  calculate 340B ceiling prices for each                  of the number of units of each NDC                     Regulations (FMCSRs) by requiring
                                                  covered outpatient drug, by National                    ordered. This includes any order placed                United States-domiciled (U.S.-
                                                  Drug Code (NDC) on a quarterly basis.                   directly with a manufacturer or through                domiciled) motor carriers engaged in
                                                     (a) Calculation of 340B ceiling price.               a wholesaler, authorized distributor, or               interstate commerce to use only
                                                  The 340B ceiling price for a covered                    agent.                                                 commercial motor vehicles (CMV) that
                                                  outpatient drug is equal to the Average                    (2) Manufacturers have an obligation                display a certification label affixed by
                                                  Manufacturer Price (AMP) for the                        to ensure that the 340B discount is                    the vehicle manufacturer or a U.S.
                                                  smallest unit of measure minus the Unit                 provided through distribution                          Department of Transportation (DOT)
                                                  Rebate Amount (URA) and will be                         arrangements made by the                               Registered Importer, indicating that the
                                                  calculated using six decimal places. To                 manufacturer.                                          vehicle satisfied all applicable Federal
                                                  ensure the final price is operational in                   (3) An instance of overcharging is                  Motor Vehicle Safety Standards
                                                  the marketplace, HRSA then multiplies                   considered at the NDC level and may                    (FMVSS) in effect at the time of
                                                  this amount by the drug’s package size                  not be offset by other discounts                       manufacture. If the certification label is
                                                  and case package size. HRSA will                        provided on any other NDC or discounts                 missing, the motor carrier must obtain,
                                                  publish the 340B ceiling price rounded                  provided on the same NDC on other                      and a driver upon demand present, a
                                                  to two decimal places.                                  transactions, orders, or purchases.                    letter issued by the vehicle
                                                     (b) Exception.When the ceiling price                    (4) An instance of overcharging may                 manufacturer stating that the vehicle
                                                  calculation in paragraph (a) of this                    occur at the time of initial purchase or               met all applicable FMVSS in effect at
                                                  section results in an amount less than                  when subsequent ceiling price                          the time of manufacture.
                                                  $0.01 the ceiling price will be $0.01.                  recalculations due to pricing data                     DATES: You may submit comments by
                                                     (c) New drug price estimation.A                      submitted to CMS result in a covered                   August 3, 2015.
                                                  manufacturer must estimate the ceiling                  entity paying more than the ceiling                    ADDRESSES: Comments to the
                                                  price for a new covered outpatient drug                 price due to failure or refusal to refund              rulemaking docket should refer to
                                                  as of the date the drug is first available              or credit a covered entity.                            Docket ID Number FMCSA–2014–0428-
                                                  for sale and must provide HRSA an                          (5) A manufacturer’s failure to                     or RIN 2126–AB67, and be submitted to
                                                  estimated ceiling price for each of the                 provide the 340B ceiling price is not                  the Administrator, Federal Motor
                                                  first three quarters the drug is available              considered an instance of overcharging                 Carrier Safety Administration using any
                                                  for sale. Beginning with the fourth                     when a covered entity did not initially
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                                                                                                                                                                 of the following methods:
                                                  quarter the drug is available for sale, the             identify the purchase to the                              • Federal eRulemaking Portal: http://
                                                  manufacturer must calculate the ceiling                 manufacturer as 340B-eligible at the                   www.regulations.gov.
                                                  price as described in paragraph (a) of                  time of purchase. Covered entity orders                   • Fax: 1–202–493–2251.
                                                  this section. A manufacturer must                       of non-340B priced drugs will not                         • Mail: Docket Management Facility
                                                  calculate the actual ceiling prices for the             subsequently be considered an instance                 (M–30), U.S. Department of
                                                  first three quarters and refund or credit               of overcharging unless the                             Transportation, Room W12–140, 1200
                                                  any covered entity which purchased the                  manufacturer’s refusal to sell or make                 New Jersey Avenue SE., Washington,
                                                  covered outpatient drug at a price                      drugs available at the 340B price                      DC 20590–0001.


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                                                                        Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Proposed Rules                                                     34589

                                                     • Hand Delivery: Ground Floor, Room                  ‘‘Search.’’ When the new screen                        manufacturers to certify that the
                                                  W12–140, DOT Building, 1200 New                         appears, click on ‘‘Submit a Comment’’                 vehicles they produce for sale and use
                                                  Jersey Avenue SE., Washington, DC                       in the ‘‘Actions’’ column. If you submit               in the U.S. meet all applicable FMVSS
                                                  20590, between 9 a.m. and 5 p.m. e.t.,                  your comments by mail or hand                          in effect at the time of manufacture. In
                                                  Monday through Friday, except Federal                   delivery, submit them in an unbound                    addition, they must affix an FMVSS
                                                  holidays.                                               format, no larger than 81⁄2 by 11 inches,              certification label to each vehicle in
                                                     To avoid duplication, please use only                suitable for copying and electronic                    accordance with the requirements of 49
                                                  one of these four methods. See the                      filing. If you submit comments by mail                 CFR part 567. This NPRM would require
                                                  ‘‘Public Participation and Request for                  and would like to know that they                       U.S.-domiciled motor carriers engaged
                                                  Comments’’ portion of the                               reached the facility, please enclose a                 in interstate commerce to use only
                                                  SUPPLEMENTARY INFORMATION section                       stamped, self-addressed postcard or                    CMVs that display an FMVSS
                                                  below for instructions on submitting                    envelope.                                              certification label affixed by the vehicle
                                                  comments.                                                  FMCSA will consider all comments                    manufacturer indicating that the
                                                  FOR FURTHER INFORMATION CONTACT:                        and material received during the                       vehicle: (1) satisfied all applicable
                                                  Michael Huntley, Chief, Vehicle and                     comment period and may change this                     FMVSS in effect at the time of
                                                  Roadside Operations Division, Office of                 proposed rule based on your comments.                  manufacture; or (2) has been modified to
                                                  Policy, Federal Motor Carrier Safety                                                                           meet those standards and legally
                                                                                                          Viewing Comments and Documents                         imported by a DOT Registered Importer.
                                                  Administration, 1200 New Jersey
                                                  Avenue SE., Washington, DC 20590–                          To view comments, as well as any                    In the absence of such a label (e.g.,
                                                  0001, by telephone at (202) 366–9209 or                 documents mentioned in this preamble,                  because of vehicle damage or deliberate
                                                  via email at Michael.Huntley@dot.gov.                   go to http://www.regulations.gov and                   removal), the motor carrier must obtain,
                                                  FMCSA office hours are from 9 a.m. to                   click on the ‘‘Read Comments’’ box in                  and a driver upon demand present, a
                                                  5 p.m., e.t Monday through Friday,                      the upper right hand side of the screen.               letter issued by the vehicle
                                                  except Federal holidays. If you have                    Then, in the ‘‘Keyword’’ box insert                    manufacturer stating that the vehicle
                                                  questions on viewing or submitting                      ‘‘FMCSA–2014–0428’’ and click                          satisfied all applicable FMVSS in effect
                                                  material to the docket, contact Docket                  ‘‘Search.’’ Next, click the ‘‘Open Docket              on the date of manufacture. The
                                                  Services, telephone (202) 366–9826.                     Folder’’ in the ‘‘Actions’’ column.                    manufacturer should be able to
                                                  SUPPLEMENTARY INFORMATION:                              Finally, in the ‘‘Title’’ column, click on             determine quickly whether the vehicle
                                                                                                          the document you would like to review.                 was built to comply with the FMVSS by
                                                  Table of Contents                                       If you do not have access to the Internet,             comparing the vehicle identification
                                                  I. Public Participation and Request for                 you may view the docket online by                      number (VIN) to its production records.
                                                        Comments                                          visiting the Docket Management Facility                   In the event a vehicle does not display
                                                  II. Executive Summary                                   in Room W12–140 on the ground floor                    a certification label, motor carriers
                                                  III. Legal Basis for the Rulemaking                     of the Department of Transportation                    would be responsible for providing their
                                                  IV. Background                                          West Building, 1200 New Jersey Avenue                  drivers with a letter from the vehicle
                                                  V. Discussion of the Proposed Rule                                                                             manufacturer to present to Federal or
                                                  VI. Regulatory Analyses                                 SE., Washington, DC 20590, between 9
                                                                                                          a.m. and 5 p.m., e.t., Monday through                  State enforcement officials upon
                                                  I. Public Participation and Request for                 Friday, except Federal holidays.                       request.
                                                                                                                                                                    This proposed rule would address the
                                                  Comments                                                Privacy Act                                            National Transportation Safety Board’s
                                                     FMCSA invites you to participate in                    In accordance with 5 U.S.C. 553(c),                  (NTSB) concerns about the operation of
                                                  this rulemaking by submitting                           DOT solicits comments from the public                  CMVs that do not display certification
                                                  comments and related materials.                         to better inform its rulemaking process.               labels. It would not apply to foreign-
                                                  Submitting Comments                                     DOT posts these comments, without                      domiciled vehicles (i.e., CMVs operated
                                                                                                          edit, including any personal information               by Mexico- and Canada-domiciled
                                                    If you submit a comment, please                                                                              motor carriers) engaged in international
                                                                                                          the commenter provides, to
                                                  include the docket number for this                                                                             traffic, as regulations enforced by U.S.
                                                                                                          www.regulations.gov, as described in
                                                  rulemaking (FMCSA–2014–0428),                                                                                  Customs and Border Protection permit
                                                                                                          the system of records notice (DOT/ALL–
                                                  indicate the specific section of this                                                                          such vehicles to be admitted to the U.S.
                                                                                                          14 FDMS), which can be reviewed at
                                                  document to which each comment                                                                                 without formal importation, payment of
                                                                                                          www.dot.gov/privacy.
                                                  applies, and provide a reason for each                                                                         duty, or compliance with the FMVSS.1
                                                  suggestion or recommendation. You                       II. Executive Summary
                                                  may submit your comments and                                                                                   Benefits and Costs
                                                                                                          Purpose and Summary of the Major
                                                  material online or by fax, mail, or hand                                                                         Generally, motor carriers engaging in
                                                                                                          Provisions
                                                  delivery, but please use only one of                                                                           interstate commerce with a principal
                                                  these means. FMCSA recommends that                        The FMCSRs require that motor                        place of business in the U.S. would not
                                                  you include your name and a mailing                     carriers operating CMVs in the U.S.,                   experience any regulatory burden as a
                                                  address, an email address, or a phone                   including Mexico- and Canada-                          result of this rulemaking unless the
                                                  number in the body of your document                     domiciled carriers, ensure that the                    motor carrier: (1) had vehicles with
                                                  so that FMCSA can contact you if there                  vehicles are equipped with the                         missing certification labels; or (2) had
                                                  are questions regarding your                            applicable safety equipment and
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                                                                                                                                                                 acquired a vehicle that was not
                                                  submission.                                             features specified in 49 CFR part 393,                 originally manufactured for sale or use
                                                    To submit your comment online, go to                  Parts and Accessories Necessary for Safe
                                                  http://www.regulations.gov and click on                 Operations, which includes cross                          1 The applicable Customs and Border Protection

                                                  the ‘‘Submit a Comment’’ box, which                     references to safety equipment and                     regulations governing instruments of international
                                                  will then become highlighted in blue. In                features that must be installed at the                 traffic are found in 19 CFR 10.41, 10.41a, and part
                                                                                                                                                                 123, subpart B. With certain exceptions,
                                                  the ‘‘Document Type’’ drop down menu,                   time of production. The National                       instruments of international traffic may be released
                                                  select ‘‘Rules,’’ insert ‘‘FMCSA–2014–                  Highway Traffic Safety Administration                  without entry or the payment of duty, subject to the
                                                  0428’’ in the ‘‘Keyword’’ box, and click                (NHTSA) requires vehicle                               provisions set forth in these regulations.



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                                                  34590                 Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Proposed Rules

                                                  in this country that had somehow been                   regarding the size of the affected                     transportation intermediary to operate a
                                                  improperly imported. The Agency lacks                   population and the costs to comply with                commercial motor vehicle in violation
                                                  data on the prevalence of such vehicles                 this rulemaking, FMCSA proposes to                     of a regulation promulgated under this
                                                  in the fleets of U.S.-domiciled motor                   use a threshold analysis to quantify the               section, or chapter 51 [Transportation of
                                                  carriers. FMCSA seeks comment on: (1)                   benefits necessary to offset the costs of              Hazardous Material] or chapter 313
                                                  the size of the CMV population                          the rule. This threshold analysis will be              [Commercial Motor Vehicle Operators]
                                                  originally certified as FMVSS-compliant                 included in the final rule, drawing upon               of this title’’ [49 U.S.C. 31136(a)(5)].
                                                  that now lacks certification labels                     information provided in comments to                       This proposed rule would prohibit
                                                  because of vehicle damage, deliberate                   the docket and other data to establish                 U.S-domiciled motor carriers from
                                                  removal, or other reasons; and (2) the                  lower and upper bounds for costs. The                  operating CMVs that are not
                                                  number of CMVs operated by U.S.-                        Agency seeks comments on the value of                  appropriately labeled to document that
                                                  domiciled carriers that lack certification              a threshold analysis versus a qualitative              they met all applicable FMVSS in effect
                                                  labels because they were neither                        assessment of the rule’s potential                     at the time of manufacture. Motor
                                                  designed nor certified to be FMVSS-                     impact.                                                carriers could continue to purchase
                                                  compliant. FMCSA believes that most                                                                            foreign vehicles for importation into the
                                                                                                          III. Legal Basis for the Rulemaking
                                                  missing labels fall into the first of these                                                                    United States, but NHTSA requires
                                                  two categories.                                            This NPRM is based on the authority
                                                                                                          of the Motor Carrier Act of 1935 (1935                 these vehicles to have documentation
                                                     This rulemaking is not intended to
                                                                                                          Act) and the Motor Carrier Safety Act of               and labels to verify that they have been
                                                  deprive motor carriers of the use of
                                                  vehicles produced in compliance with                    1984 (MCSA or 1984 Act), both of                       modified to comply with the applicable
                                                  the appropriate FMVSS, but rather to                    which provide broad discretion to the                  FMVSS. Because FMCSA has exercised
                                                  prevent vehicles not manufactured or                    Secretary of Transportation (Secretary)                its statutory authority to include cross-
                                                  modified to meet those standards from                   in implementing their provisions.                      references to the FMVSS in the
                                                  being operated by U.S.-domiciled                           The 1935 Act provides that the                      FMCSRs, this rulemaking is consistent
                                                  interstate carriers.                                    Secretary may prescribe requirements                   with 49 U.S.C. 31136(a)(1). This
                                                     FMCSA believes this rulemaking                       for: (1) qualifications and maximum                    proposed rule does not impact the
                                                  would have no impact on the vast                        hours of service of employees of, and                  responsibilities or physical condition of
                                                  majority of U.S. carriers. Because motor                safety of operation and equipment of, a                drivers as contemplated by 49 U.S.C.
                                                  vehicles manufactured for sale or use in                motor carrier [49 U.S.C. 31502(b)(1)];                 31136(a)(2) and (3), respectively, and
                                                  the U.S. must display an FMVSS                          and (2) qualifications and maximum                     deals with 49 U.S.C. 31136(a)(4) only to
                                                  certification label, and because vehicles               hours of service of employees of, and                  the extent that a vehicle operated in
                                                  that are properly imported by a                         standards of equipment of, a motor                     accordance with the safety regulations is
                                                  Registered Importer must likewise                       private carrier, when needed to promote                less likely to have a deleterious effect on
                                                  display an FMVSS certification label, all               safety of operation [49 U.S.C.                         the physical condition of a driver.
                                                  vehicles operated by U.S. motor carriers                31502(b)(2)]. These proposed                           Because both: (1) the number of vehicles
                                                  would typically already have such                       amendments are based on the                            operated by U.S.-domiciled motor
                                                  labels. However, there may be                           Secretary’s authority to regulate the                  carriers without an FMVSS certification
                                                  circumstances where a CMV lacking an                    safety and standards of equipment of                   label; and (2) the cost of demonstrating
                                                  FMVSS certification label is used in                    for-hire and private motor carriers.                   FMVSS compliance through a letter
                                                  interstate commerce by an American                         The 1984 Act gives the Secretary                    from the vehicle manufacturer, are
                                                  carrier. This NPRM would force the                      concurrent authority to regulate CMVs                  expected to be small, the Agency
                                                  carrier to incur one-time costs to                      and the drivers and motor carriers that                believes that the number of drivers who
                                                  determine whether the label had simply                  operate them, as well as the vehicles                  might be coerced to operate CMVs that
                                                  been lost or, more seriously, whether                   themselves [49 U.S.C. 31136(a)]. Section               do not comply with this rule is de
                                                  the vehicle may have been improperly                    31136(a) requires the Secretary to                     minimis, and may be zero. FMCSA has
                                                  imported. In order to minimize those                    publish regulations on CMV safety.                     considered the costs and benefits of the
                                                  costs, FMCSA will accept as proof of                    Specifically, the Act sets forth minimum               rule, as required by 49 U.S.C.
                                                  compliance with the FMVSS a letter                      safety standards to ensure that: (1)                   31136(c)(2)(A) and 31502(d).
                                                  from the vehicle manufacturer stating                   CMVs are maintained, equipped,
                                                                                                          loaded, and operated safely [49 U.S.C.                 IV. Background
                                                  that the subject vehicle satisfied all
                                                  applicable FMVSS in effect at the time                  31136(a)(1)]; (2) the responsibilities                   Part 567 of title 49 of the Code of
                                                  of manufacture. The Agency is unable to                 imposed on operators of CMVs do not                    Federal Regulations (49 CFR part 567)
                                                  quantify the costs associated with this                 impair their ability to operate the                    requires that manufacturers of motor
                                                  alternative demonstration of                            vehicles safely [49 U.S.C. 31136(a)(2)];               vehicles built for sale or use in the U.S.
                                                  compliance, but expects them to be                      (3) the physical condition of CMV                      must affix a label certifying that the
                                                  minimal. FMCSA seeks comment on the                     operators is adequate to enable them to                motor vehicle meets all applicable
                                                  cost and effectiveness of this letter-                  operate the vehicles safely [49 U.S.C.                 FMVSS in effect on the date of
                                                  based validation process when an                        31136(a)(3)]; and (4) the operation of                 manufacture.2 Part 567 provides
                                                  FMVSS certification label is missing or                 CMVs does not have a deleterious effect                detailed requirements concerning the
                                                  too damaged to read.                                    on the physical condition of the                       location of and information to be
                                                     With regard to benefits, the rule                    operators [49 U.S.C. 31136(a)(4)].
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                                                                                                                                                                 displayed on the label. These
                                                  would make it easier for FMCSA and its                  Section 32911 of the Moving Ahead for                  requirements are applicable to
                                                  State partners to identify CMVs                         Progress in the 21st Century Act (MAP–                 manufacturers of CMVs produced for
                                                  operated by U.S.-domiciled motor                        21) [Pub. L. 112–141, 126 Stat. 405, 818,              use in the U.S. The label must be affixed
                                                  carriers that may have been introduced                  July 6, 2012] enacted a fifth                          prior to the first sale of the CMV.
                                                  into interstate commerce without the                    requirement, i.e., that the regulations
                                                  proper FMVSS certification.                             ensure that ‘‘(5) an operator of a                       2 These standards are codified in 49 CFR part 571.
                                                     In the absence of monetizeable                       commercial motor vehicle is not coerced                Most, but not all, of the FMVSS are cross-referenced
                                                  benefits, and due to uncertainty                        by a motor carrier, shipper, receiver, or              in existing requirements of part 393.



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                                                                        Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Proposed Rules                                                       34591

                                                    The National Traffic and Motor                        included in the docket referenced at the               inspection enforcement procedures, if
                                                  Vehicle Safety Act (Vehicle Safety Act)                 beginning of this notice.                              violations or deficiencies of the FMCSRs
                                                  (49 U.S.C. 30101, et seq.) expressly                       During its investigation of this crash,             are serious enough to meet the current
                                                  prohibits vehicles from being imported                  NTSB discovered that the motorcoach                    out-of-service criteria, the vehicle is
                                                  into the U.S. unless the vehicles—                      did not display an FMVSS certification                 prohibited from operating until the
                                                    (a) Comply with all applicable                        label despite being registered in the U.S.             problems are corrected. The roadside
                                                  FMVSS in effect on the date of                          While there is no indication that the                  inspection procedures are the same for
                                                  manufacture, and                                        absence of the FMVSS certification                     all CMVs operated in the U.S.,
                                                    (b) Bear a label certifying compliance                contributed to the crash, the NTSB                     regardless of the motor carrier’s country
                                                  with the FMVSS and applied to the                       noted the safety vulnerability of                      of domicile.
                                                  vehicle either by a manufacturer at the                 allowing vehicles without that                            If FMCSA adopts the proposed rule,
                                                  time of manufacture or by a DOT                         certification to operate on the Nation’s               the Agency and its State partners would
                                                  Registered Importer after the vehicle has               highways. This rulemaking would help                   then be able to enforce the prohibition
                                                  been brought into compliance.3 This                     to address the problem of U.S.-                        in 49 U.S.C. 30112 against the use or
                                                  statutory requirement is currently                      domiciled motor carriers acquiring and                 importation of non-compliant CMVs by
                                                  codified at 49 U.S.C. 30112 and                         operating CMVs that were neither                       citing U.S.-domiciled motor carriers that
                                                  implemented in NHTSA’s regulations                      manufactured for sale nor modified for                 fail to display the required certification
                                                  codified at 49 CFR parts 567 and 571.                   use in this country.                                   label. Enforcement action would be
                                                    Under this proposal, all motor carriers                                                                      taken in a manner consistent with
                                                  operating in interstate commerce,                       Effect of the Certification Label
                                                                                                                                                                 FMCSA’s existing compliance policies
                                                  including Mexico- and Canada-                           Requirements on U.S.-Domiciled Motor
                                                                                                                                                                 and programs on vehicle-oriented
                                                  domiciled motor carriers, would                         Carrier Operations
                                                                                                                                                                 regulations under 49 CFR part 393.5 As
                                                  continue to be responsible for                            Generally, U.S.-domiciled motor                      it does with other violations of the
                                                  complying with FMCSA’s vehicle-                         carriers operating CMVs (as defined in                 FMCSRs, the Agency would compile
                                                  related requirements in 49 CFR part 393,                49 CFR 390.5) in interstate commerce                   data regarding uncertified vehicles and
                                                  including the specific safety features                  have access to vehicles that were either               determine whether there are patterns of
                                                  and equipment mandated by the FMVSS                     originally manufactured domestically                   non-compliance by specific U.S.-
                                                  and cross-referenced in part 393. Under                 for use in the U.S. and have the required              domiciled interstate motor carriers.
                                                  FMCSA’s Motor Carrier Safety                            certification label, or were imported in
                                                                                                          accordance with the applicable NHTSA                   V. Discussion of the Proposed Rule
                                                  Assistance Program, FMCSA and its
                                                  State and local partners conduct more                   importation regulations. Imported                         FMCSA is proposing to amend the
                                                  than 3 million roadside inspections                     vehicles must have the required label                  FMCSRs to require that U.S.-domiciled
                                                  each year on vehicles domiciled in the                  certifying the vehicle is in compliance                motor carriers ensure that their CMVs
                                                  U.S., Mexico, and Canada operating in                   with the applicable FMVSS. Therefore,                  have a certification label affixed to the
                                                  interstate commerce. Enforcement of the                 most vehicles operated by U.S.-                        vehicle by the vehicle manufacturer or
                                                  FMCSRs, and by extension the FMVSS                      domiciled motor carriers should have                   by a DOT Registered Importer that meets
                                                  they cross-reference, is the bedrock of                 certification labels that meet the                     the requirements of 49 CFR part 567. If
                                                  these compliance activities, and helps                  requirements of 49 CFR part 567.4                      a CMV operated by a U.S.-domiciled
                                                  ensure that all CMVs on U.S. highways                   FMCSA’s Safety Responsibility                          motor carrier is missing the certification
                                                  are in safe and proper operating                                                                               label because of vehicle damage,
                                                                                                            NHTSA and FMCSA have                                 deliberate removal, or other reasons, the
                                                  condition.
                                                                                                          complementary responsibilities to                      motor carrier must obtain, and a driver
                                                  National Transportation Safety Board                    ensure vehicle safety under their                      must upon demand present, a letter
                                                  Recommendations                                         respective enabling legislation.                       issued by the vehicle manufacturer
                                                     On December 8, 2009, the NTSB                        NHTSA’s responsibility generally covers                stating that the vehicle satisfied all
                                                  issued a series of recommendations to                   the design and safety compliance testing               applicable FMVSS in effect at the time
                                                  the Office of the Secretary of                          of motor vehicles by manufacturers and                 of manufacture. As explained above,
                                                  Transportation, FMCSA, and NHTSA                        others responsible for those activities.               U.S.-domiciled motor carriers typically
                                                  concerning measures to ensure that                      FMCSA’s responsibility concerns the                    would have access only to vehicles that
                                                  CMVs operated in the U.S. are                           safe operation of CMVs in interstate                   meet the applicable FMVSS and display
                                                  manufactured to comply with the                         commerce, and the regulatory                           a certification label that meets the
                                                  applicable FMVSS. The                                   compliance of motor carriers and                       requirements of 49 CFR part 567.
                                                  recommendations were included in the                    drivers conducting such operations.                    Therefore, FMCSA does not expect that
                                                  NTSB’s highway crash report titled                      Generally, enforcement of the FMCSRs                   motor carriers would have to change the
                                                  ‘‘Motorcoach Rollover on U.S. Highway                   by FMCSA and its State partners is                     way they operate to comply with the
                                                  59 near Victoria, Texas on January 2,                   accomplished through roadside                          requirements proposed today. However,
                                                  2008’’ (HAR–09/03/SUM, PB2009–                          inspections. Under current roadside                    the proposed rule would require U.S.-
                                                  916203). A copy of the report is                          4 The FMVSS and the certification label
                                                                                                                                                                 domiciled motor carriers to maintain the
                                                                                                          requirement are not applicable to vehicles or items    label affixed by the manufacturer or
                                                    3 An individual or business registered with
                                                                                                          of equipment manufactured for, and sold directly       DOT Registered Importer or other
                                                  NHTSA as an importer may import non-complying
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                                                                                                          to, the Armed Forces of the United States in           documentation that confirms the CMV
                                                  motor vehicles into the United States if NHTSA has      conformance with contract specifications (49 CFR
                                                  determined that the vehicles are capable of being       571.7). Therefore, when a motor carrier purchases
                                                                                                                                                                 was manufactured per the applicable
                                                  readily altered to comply with all applicable           surplus equipment from the Armed Forces for
                                                  standards in effect at the time the vehicle is          subsequent use in interstate commerce, the vehicle       5 In other words, failure to display a certification

                                                  imported. The registered importer must provide the      may not have a certification label. However,           label could result in a citation and fine during a
                                                  Federal Government with a bond at least equal to        because the FMCSRs cross-reference most of the         roadside inspection, or a civil penalty as a result of
                                                  the dutiable value of the vehicle before it can be      FMVSS, the motor carrier would be required to          a compliance review. Under the current out-of-
                                                  imported and must bring the vehicle into full           ensure that the vehicle was retrofitted to meet the    service criteria, it would not constitute grounds to
                                                  compliance before the vehicle may be sold and the       referenced standards, as well as all applicable        place a vehicle out of service in the absence of
                                                  bond released.                                          motor carrier regulations.                             vehicle defects meeting those criteria.



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                                                  34592                 Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Proposed Rules

                                                  FMVSS. The Agency seeks comment on                      expect the proposed rule to have a                     13132 and determined that it does not
                                                  potential costs involved to replace the                 significant economic impact on a                       have Federalism implications.
                                                  label in the instance of damage or other                substantial number of small entities. For
                                                  loss.                                                   those entities affected by this proposed               Executive Order 12988 (Civil Justice
                                                                                                          rule, in the absence of definitive data on             Reform)
                                                  VI. Regulatory Analyses                                 the cost to demonstrate FMVSS                             This proposed rule meets applicable
                                                  Executive Order 12866 (Regulatory                       compliance at the time of manufacture                  standards in sections 3(a) and 3(b)(2) of
                                                  Planning and Review and DOT                             for an otherwise FMVSS-compliant
                                                                                                                                                                 Executive Order 12988, Civil Justice
                                                  Regulatory Policies and Procedures as                   vehicle, FMCSA assumes the cost is
                                                                                                                                                                 Reform, to minimize litigation,
                                                  Supplemented by E.O. 13563)                             minimal and poses no disproportionate
                                                                                                                                                                 eliminate ambiguity, and reduce
                                                                                                          burden to small entities.
                                                    FMCSA has determined that this                                                                               burden.
                                                  proposed rule is not a significant                      Assistance for Small Entities
                                                  regulatory action within the meaning of                                                                        Executive Order 13045 (Protection of
                                                                                                             Under section 213(a) of the Small                   Children)
                                                  Executive Order (E.O.) 12866, as                        Business Regulatory Enforcement
                                                  supplemented by E.O. 13563 (76 FR                       Fairness Act of 1996, FMCSA wants to                      E.O. 13045, Protection of Children
                                                  3821, January 21, 2011), or within the                  assist small entities in understanding                 from Environmental Health Risks and
                                                  meaning of DOT regulatory policies and                  this proposed rule so that they can                    Safety Risks (62 FR 19885, Apr. 23,
                                                  procedures (DOT Order 2100.5 dated                      better evaluate its effects on them and                1997), requires agencies issuing
                                                  May 22, 1980; 44 FR 11034, February 2,                  participate in the rulemaking initiative.              ‘‘economically significant’’ rules, if the
                                                  1979). The Agency believes the                          If the proposed rule would affect your                 regulation also concerns an
                                                  potential economic impact is negligible                 small business, organization, or                       environmental health or safety risk that
                                                  because vehicles manufactured for sale                  governmental jurisdiction and you have                 an agency has reason to believe may
                                                  and use in the United States have                       questions concerning its provisions or
                                                  FMVSS certification labels or can be                                                                           disproportionately affect children, to
                                                                                                          options for compliance, please consult                 include an evaluation of the regulation’s
                                                  confirmed as being FMVSS-compliant                      the FMCSA point of contact listed in the
                                                  by the manufacturer through a                                                                                  environmental health and safety effects
                                                                                                          FOR FURTHER INFORMATION CONTACT                        on children. The Agency determined
                                                  comparison of the vehicle’s VIN and the                 section of the proposed rule.
                                                  manufacturer’s production records.                                                                             this proposed rule is not economically
                                                                                                             Small businesses may send comments                  significant. Therefore, no analysis of the
                                                  While a U.S.-domiciled carrier may                      on the actions of Federal employees
                                                  occasionally obtain a vehicle that does                                                                        impacts on children is required. In any
                                                                                                          who enforce or otherwise determine                     event, the Agency does not anticipate
                                                  not have an FMVSS certification, the                    compliance with Federal regulations to
                                                  Agency believes this practice would                                                                            that this regulatory action could in any
                                                                                                          the Small Business Administration’s                    respect present an environmental or
                                                  occur less frequently under the                         Small Business and Agriculture
                                                  proposed rule. As such, the costs of the                                                                       safety risk that could disproportionately
                                                                                                          Regulatory Enforcement Ombudsman                       affect children.
                                                  rule would not begin to approach the                    and the Regional Small Business
                                                  $100 million annual threshold for                       Regulatory Fairness Boards. The                        Executive Order 12630 (Taking of
                                                  economic significance. Moreover, the                    Ombudsman evaluates these actions                      Private Property)
                                                  Agency does not expect the rule to                      annually and rates each agency’s
                                                  generate substantial congressional or                   responsiveness to small business. If you                  FMCSA reviewed this notice of
                                                  public interest. This proposed rule                     wish to comment on actions by                          proposed rulemaking in accordance
                                                  therefore has not been formally                         employees of FMCSA, call 1–888–REG–                    with Executive Order 12630,
                                                  reviewed by the Office of Management                    FAIR (1–888–734–3247). DOT has a                       Governmental Actions and Interference
                                                  and Budget (OMB).                                       policy ensuring the rights of small                    with Constitutionally Protected Property
                                                                                                          entities to regulatory enforcement                     Rights, and has determined it will not
                                                  Regulatory Flexibility Act
                                                                                                          fairness and an explicit policy against                effect a taking of private property or
                                                     The Regulatory Flexibility Act of 1980               retaliation for exercising these rights.               otherwise have taking implications.
                                                  (5 U.S.C. 601 et seq.) requires Federal
                                                  agencies to consider the effects of the                 Unfunded Mandates Reform Act of 1995                   Privacy Impact Assessment
                                                  regulatory action on small business and                   This proposed rule would not impose                     Section 522 of title I of division H of
                                                  other small entities and to minimize any                an unfunded Federal mandate, as                        the Consolidated Appropriations Act,
                                                  significant economic impact. The term                   defined by the Unfunded Mandates                       2005, enacted December 8, 2004 (Pub. L.
                                                  ‘‘small entities’’ comprises small                      Reform Act of 1995 (2 U.S.C. 1532 et                   108–447, 118 Stat. 2809, 3268, 5 U.S.C.
                                                  businesses and not-for-profit                           seq.), that would result in the                        552a note), requires the Agency to
                                                  organizations that are independently                    expenditure by State, local, and tribal                conduct a privacy impact assessment of
                                                  owned and operated and are not                          governments, in the aggregate, or by the               a regulation that will affect the privacy
                                                  dominant in their fields and                            private sector, of $151 million (which is              of individuals. This rule does not
                                                  governmental jurisdictions with                         the value of $100 million in 2012 after
                                                  populations of less than 50,000.                                                                               require the collection of any personally
                                                                                                          adjusting for inflation) or more in any 1              identifiable information.
                                                  Accordingly, DOT policy requires an                     year.
                                                  analysis of the impact of all regulations                                                                         The Privacy Act (5 U.S.C. 552a)
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                                                  on small entities and mandates that                     Executive Order 13132 (Federalism)                     applies only to Federal agencies and any
                                                  agencies strive to lessen any adverse                      A rule has Federalism implications if               non-Federal agency that receives
                                                  effects on these businesses.                            it has a substantial direct effect on State            records contained in a system of records
                                                     Under the Regulatory Flexibility Act,                or local governments and would either                  from a Federal agency for use in a
                                                  as amended by the Small Business                        preempt State law or impose a                          matching program. FMCSA has
                                                  Regulatory Enforcement Fairness Act of                  substantial direct cost of compliance on               determined this proposed rule will not
                                                  1996 (Title II, Pub. L. 104–121, 110 Stat.              the States. FMCSA has analyzed this                    result in a new or revised Privacy Act
                                                  857, March 29, 1996), FMCSA does not                    proposed rule under Executive Order                    System of Records for FMCSA.


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                                                                        Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Proposed Rules                                                  34593

                                                  Executive Order 12372                                   populations and low-income                             collects, maintains, or disseminates
                                                  (Intergovernmental Review)                              populations’’ in the United States, its                information in an identifiable form. No
                                                     The regulations implementing                         possessions, and territories. FMCSA                    new or substantially changed
                                                  Executive Order 12372 regarding                         evaluated the environmental justice                    technology would collect, maintain, or
                                                  intergovernmental consultation on                       effects of this proposed rule in                       disseminate information as a result of
                                                  Federal programs and activities do not                  accordance with the E.O., and has                      this proposed rule. As a result, FMCSA
                                                  apply to this program.                                  determined that no environmental                       has not conducted a privacy impact
                                                                                                          justice issue is associated with this                  assessment.
                                                  Paperwork Reduction Act                                 proposed rule, nor is there any
                                                     Under the Paperwork Reduction Act                    collective environmental impact that                   List of Subjects in 49 CFR Part 393
                                                  of 1995 (PRA) (44 U.S.C. 3501 et seq.),                 would result from its promulgation.
                                                                                                                                                                   Highway safety, Motor carriers, Motor
                                                  Federal agencies must obtain approval                   Executive Order 13211 (Energy Supply,
                                                  from OMB for each collection of                                                                                vehicle safety.
                                                                                                          Distribution, or Use)
                                                  information they conduct, sponsor, or                                                                            For the reasons stated above, FMCSA
                                                  require through regulations. FMCSA                        FMCSA has analyzed this proposed                     proposes to amend title 49, Code of
                                                  determined that no new information                      rule under Executive Order 13211,                      Federal Regulations, chapter III,
                                                  collection requirements are associated                  Actions Concerning Regulations That
                                                                                                                                                                 subchapter B part 393, as follows:
                                                  with this NPRM. The information                         Significantly Affect Energy Supply,
                                                  collection requirements associated with                 Distribution, or Use. FMCSA has                        PART 393—PARTS AND
                                                  FMVSS certification labels are covered                  determined that it is not a ‘‘significant              ACCESSORIES NECESSARY FOR
                                                  by NHTSA under OMB Control Number                       energy action’’ under that executive                   SAFE OPERATION
                                                  2127–0512, ‘‘Consolidated Labeling                      order because it is not a ‘‘significant
                                                  Requirements for Motor Vehicles                         regulatory action’’ under Executive
                                                                                                                                                                 ■ 1. The authority citation for part 393
                                                  (Except the VIN Numbers).’’                             Order 12866 and is not likely to have a
                                                                                                          significant adverse effect on the supply,              continues to read as follows:
                                                  National Environmental Policy Act and                   distribution, or use of energy. Therefore,               Authority: 49 U.S.C. 31136, 31151, and
                                                  Clean Air Act                                           this proposed rule does not require a                  31502; sec. 1041(b) of Pub. L. 102–240, 105
                                                    FMCSA analyzed this proposed rule                     Statement of Energy Effects under                      Stat. 1914, 1993 (1991); and 49 CFR 1.87.
                                                  in accordance with the National                         Executive Order 13211.
                                                  Environmental Policy Act of 1969                                                                               ■ 2. Add § 393.8 to subpart A to read as
                                                  (NEPA) (42 U.S.C. 4321 et seq.) and                     Executive Order 13175 (Indian Tribal                   follows:
                                                  determined under our environmental                      Governments)
                                                                                                                                                                 § 393.8 Federal Motor Vehicle Safety
                                                  procedures Order 5610.1 (69 FR 9680,                       This proposed rule does not have
                                                                                                                                                                 Standard Certification Labels.
                                                  March 1, 2004) that this action does not                tribal implications under Executive
                                                  have any effect on the quality of the                   Order 13175, Consultation and                             (a) Each commercial motor vehicle
                                                  environment. Therefore, this NPRM is                    Coordination with Indian Tribal                        operated by a U.S.-domiciled motor
                                                  categorically excluded (CE) from further                Governments, because it does not have                  carrier, as indicated by its principal
                                                  analysis and documentation in an                        a substantial direct effect on one or                  place of business, must be built or
                                                  environmental assessment or                             more Indian tribes, on the relationship                modified to meet all applicable Federal
                                                  environmental impact statement under                    between the Federal Government and                     Motor Vehicle Safety Standards
                                                  FMCSA Order 5610.1, paragraph 6(b) of                   Indian tribes, or on the distribution of               (FMVSS) (codified in 49 CFR part 571).
                                                  Appendix 2. The CE under paragraph                      power and responsibilities between the                 The requirements must be satisfied by:
                                                  6(b) addresses rulemakings that make                    Federal Government and Indian tribes.
                                                  editorial or other minor amendments to                                                                            (1) A label affixed by the vehicle
                                                                                                          National Technology Transfer and                       manufacturer certifying that the vehicle
                                                  existing FMCSA regulations. A
                                                                                                          Advancement Act                                        was built to meet all applicable FMVSS
                                                  Categorical Exclusion Determination is
                                                  available for inspection or copying in                    The National Technology Transfer                     in effect on the date of manufacture; or
                                                  the Regulations.gov Web site listed                     and Advancement Act (15 U.S.C. 272                        (2) A label affixed by a DOT
                                                  under ADDRESSES.                                        note) requires Federal agencies                        Registered Importer, as defined in 49
                                                    FMCSA also analyzed this proposed                     proposing to adopt technical standards                 CFR part 592, certifying that the vehicle
                                                  rule under the Clean Air Act, as                        to consider whether voluntary                          has been modified to conform to all
                                                  amended (CAA), section 176(c) (42                       consensus standards are available. If the              applicable FMVSS in effect on the date
                                                  U.S.C. 7401 et seq.), and implementing                  Agency chooses to adopt its own
                                                                                                                                                                 of manufacture; or
                                                  regulations promulgated by the                          standards in place of existing voluntary
                                                  Environmental Protection Agency.                        consensus standards, it must explain its                  (3) A letter issued by the vehicle
                                                  Approval of this action is exempt from                  decision in a separate statement to                    manufacturer stating that the vehicle
                                                  the CAA’s general conformity                            OMB. Because this NPRM does not                        satisfied all applicable FMVSS in effect
                                                  requirement since it does not affect                    involve the adoption of FMCSA                          at the time of manufacture.
                                                  direct or indirect emissions of criteria                technical standards, there is no need to                  (b) The certification labels required by
                                                  pollutants.                                             submit a separate statement to OMB on                  this section must comply with the
                                                                                                          this matter.
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                                                  Executive Order 12898 (Environmental                                                                           requirements of 49 CFR part 567.
                                                  Justice)                                                E-Government Act of 2002                                 Issued under the authority of delegation in
                                                    Under E.O. 12898, each Federal                          The E-Government Act of 2002,                        49 CFR 1.87 on: May 27, 2015.
                                                  agency must identify and address, as                    Public Law 107–347, section 208, 116                   T.F. Scott Darling, III,
                                                  appropriate, ‘‘disproportionately high                  Stat. 2899, 2921 (Dec. 17, 2002),                      Chief Counsel.
                                                  and adverse human health or                             requires Federal agencies to conduct a                 [FR Doc. 2015–14934 Filed 6–16–15; 8:45 am]
                                                  environmental effects of its programs,                  privacy impact assessment for new or
                                                                                                                                                                 BILLING CODE 4910–EX–P
                                                  policies, and activities on minority                    substantially changed technology that


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Document Created: 2015-12-15 14:22:56
Document Modified: 2015-12-15 14:22:56
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of Proposed Rulemaking (NPRM), request for comments.
DatesYou may submit comments by August 3, 2015.
ContactMichael 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 [email protected] 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.
FR Citation80 FR 34588 
RIN Number2126-AB67
CFR AssociatedHighway Safety; Motor Carriers and Motor Vehicle Safety

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