[Federal Register Volume 65, Number 225 (Tuesday, November 21, 2000)]
[Rules and Regulations]
[Pages 70218-70220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29751]
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Part V
Department of Transportation
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Federal Motor Carrier Safety Administration
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49 CFR Part 393
Parts and Accessories Necessary for Safe Operation; Manufactured Home
Tires; Final Rule
Federal Register / Vol. 65 , No. 225 / Tuesday, November 21, 2000 /
Rules and Regulations
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 393
[Docket No. FMCSA-97-2341]
RIN 2126-AA65 [Formerly FHWA RIN 2125-AD41]
Parts and Accessories Necessary for Safe Operation; Manufactured
Home Tires
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Final rule.
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SUMMARY: The FMCSA delays the termination date of the rule allowing the
overloading of certain tires. Currently, tires used for the
transportation of manufactured homes may be loaded up to 18 percent
over the load rating marked on the sidewall of the tires, or in the
absence of such a marking, 18 percent above the load rating specified
in publications of certain organizations specializing in tires. The
regulatory language allowing this overloading is scheduled to expire
November 20, 2000, unless extended by mutual consent of the FMCSA and
the Department of Housing and Urban Development (HUD). The delay of the
termination date will enable motor carriers transporting manufactured
homes to continue loading tires up to 18 percent above the load rating
until December 31, 2001. In a separate document published elsewhere in
today's Federal Register, HUD is taking the necessary action to delay
its requirements for builders of manufactured homes. This action is in
response to a petition for rulemaking from the Manufactured Housing
Institute (MHI).
DATES: This rule is effective as of November 14, 2000.
ADDRESSES: You may submit written, signed comments, including the
docket number that appears in the heading of this document, to the
Docket Clerk, U.S. DOT Dockets, Room PL-401, 400 Seventh Street, SW.,
Washington, DC 20590-0001, or submit electronically at http://dmses.dot.gov/submit. All comments received will be available for
examination at the above address from 9 a.m. to 5 p.m., e.t., Monday
through Friday, except Federal holidays. If you want to be notified
that we received your comments, you must include a self-addressed,
stamped envelope or postcard.
FOR FURTHER INFORMATION CONTACT: Mr. Larry W. Minor, Office of Bus and
Truck Standards and Operations, MC-PSV, (202) 366-1790; or Mr. Charles
E. Medalen, Office of the Chief Counsel, MC-CC, (202) 366-1354, Federal
Motor Carrier Safety Administration, 400 Seventh Street, SW.,
Washington, DC 20590-0001. Office hours are from 7:45 a.m. to 4:15
p.m., e.t., Monday through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access
You can access this document and all documents referenced in it by
using the universal resource locator (URL): http://dms.dot.gov. It is
available 24 hours each day, 365 days each year. Please follow the
instructions online for more information and help.
Background
On February 18, 1998, the Federal Highway Administration (FHWA) \1\
and the Department of Housing and Urban Development (HUD) jointly
published a final rule amending, respectively, the Federal Motor
Carrier Safety Regulations (FMCSRs) and an interpretation of the
Manufactured Home Construction and Safety Standards (see 63 FR 8330).
The FHWA and HUD reduced the amount of tire overloading allowed (at the
time up to 50 percent above the tire manufacturer's load rating) on
tires used to transport manufactured homes. As a result of the
rulemaking, the maximum amount of loading on a manufactured home tire
was reduced so that it cannot exceed the tire manufacturer's load
rating by more than 18 percent. Manufactured homes transported on tires
overloaded by 9 percent or more may not be operated at speeds exceeding
80 kilometers per hour (km/hr) (50 mph). The final rule allowed 18-
percent tire overloading for a two-year period. The two-year period
began on November 16, 1998, the effective date of the final rule, and
will end on November 20, 2000.
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\1\ The Motor Carrier Safety Improvement Act of 1999 (MCSIA)
(Pub. L. 106-159, 113 Stat. 1748, at 1750) established the FMCSA in
the Department of Transportation. Rulemaking, enforcement, and other
activities of the Office of Motor Carriers while part of the Federal
Highway Administration, and briefly while operating indepdently of
the FHWA as the Office of Motor Carrier Safety, are now the
responsibility of the FMCSA.
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In publishing the final rule and interpretative bulletin, the
agencies indicated there was sufficient data to support the premise
that overloading tires may be potentially unsafe. The agencies also
indicated that unless both of them were persuaded by the end of the 2-
year period that 18 percent overloading does not pose a risk to the
traveling public, or have an adverse impact on safety or the ability of
motor carriers to transport manufactured homes, any overloading of
tires beyond their design capacity would be prohibited after November
20, 2000.
MHI's Petition for Rulemaking
On August 7, 2000, the MHI filed a petition for rulemaking with the
FMCSA and HUD to initiate a joint rulemaking to amend the agencies'
rules to enable the manufactured home industry to continue to exceed
the tire manufacturer's load rating by up to 18 percent, indefinitely.
The MHI requested the following: (1) That the FMCSA amend 49 CFR
393.75(g), and (2) that HUD revise Interpretative Bulletin J-1-76 to 24
CFR 3280. The MHI recognized that it would be difficult, if not
impossible, for the FMCSA and HUD to act on the petition and, if
granted, complete the rulemaking before November 20, 2000. Therefore,
the MHI also petitioned the FMCSA and HUD to provide interim regulatory
relief from the November 20, 2000, deadline until the agencies could
act on the petition. A copy of the MHI's petition for rulemaking is
included in the docket referenced at the top of this document.
The MHI indicated that during the first 18 months of the two-year
period in which 18-percent overloading was allowed, it sponsored
studies of the safety risk associated with tire overloading. This work
included a study of the movement of manufactured homes under actual
operating conditions and a survey of principal manufacturers,
transporters, and suppliers. The study involved observing and recording
the results of 503 shipments of manufactured homes during a 12-month
period from June 1999 through June 2000. The MHI believes the results
of the study demonstrate that tire performance improved when the
industry operated under the 18-percent overloading rule.
The MHI indicated that of the 3,708 tires used on the 503
manufactured home sections transported, there were 81 tire failures (a
2.2 percent tire failure rate). Only a fraction of these failures were
attributed, in whole or in part, to the tires being overloaded. Of the
81 tire failures, 62 (76.5 percent) involved used tires indicating that
``repeated usage'' of tires may be more of a factor in the tire failure
rate than tire overloading. The MHI believes the 2.2 percent tire
failure rate represents a significant improvement given the estimated
eight percent tire failure rate the FHWA and HUD presented in the April
23, 1996, notice of proposed rulemaking to establish the current tire
loading rule (61 FR 18014). None of the 81 tire failures resulted in an
accident causing
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damage to a manufactured home, other property, or personal injury. The
81 tire failures occurred on 61 of the 503 sections transported. The
MHI stated:
The dramatic decrease in tire failures attributable, in whole or
in part, to tire over-loading beyond tire load ratings and the total
absence of any accidents resulting in damage to the manufactured
home, other property, or personal injury, based upon a
representative sampling of manufactured homes transported throughout
the country, demonstrates the lack of any safety risk associated
with the permanent removal of the November 20, 2000 ``sunset'' date
for the 118% Rule.
Delay of Termination Date
The FMCSA has met with officials from HUD to discuss the MHI's
request. Both agencies believe that MHI's petition and its supporting
documentation warrant a thorough review, but neither is able to
complete an analysis before November 20, 2000, the termination date
established by the 1998 final rule. The MHI reported that the tire
failures observed during its data collection effort caused no property
damage or personal injury. The FMCSA and HUD have no information from
other sources about accidents involving the transportation of
manufactured homes equipped with overloaded tires.
The FMCSA is therefore delaying the termination date of 49 CFR
393.75(g)--which allows 18 percent overloading of tires used to
transport manufactured homes--from November 20, 2000, to December 31,
2001, to enable the FMCSA and HUD to review carefully the statistical
data submitted by the MHI. If the two agencies decide that up to 18
percent should be made permanent, the FMCSA will issue a notice of
proposed rulemaking (NPRM) and ask for public comment. In a separate
document published elsewhere in today's Federal Register, HUD has taken
action to extend authority for builders of manufactured homes to use
axle and tire configurations permitted under the 18-percent rule.
Rulemaking Analysis and Notices
Under the Administrative Procedure Act (APA) (5 U.S.C. 553(b)), an
agency may waive the normal notice and comment requirements if it
finds, for good cause, that they are impracticable, unnecessary, or
contrary to the public interest.
In this case, notice and comment are impracticable and unnecessary.
Because the MHI submitted its petition and data so late that the FMCSA
and HUD were unable to perform a comprehensive review and analysis
before the expiration of the 18 percent overloading rule on November
20, 2000, the FMCSA had determined that notice and comment rulemaking
to evaluate the data and then extend the overloading rule would be
impracticable. Notice and comment is also unnecessary since the delay
does not change the substance of 49 CFR 393.75(g), and the available
information suggests that the failure rate of tires used to transport
manufactured homes has declined in the last two years; the failures
that have occurred are not known to have caused accidents or injuries.
The delay of the overloading rule to December 31, 2001, allows the
agency to consider the data and request submitted by the MHI in a more
orderly and thorough manner, without forcing the industry to make
significant changes in their operations before we complete that
process. Therefore, the FMCSA finds good cause under 5 U.S.C. 553(b) to
dispense with prior notice and an opportunity to comment.
For the same reasons, the FMCSA finds, pursuant to 5 U.S.C.
553(d)(3), that there is good cause for making the final rule effective
upon issuance. Because the tire overloading prohibition in
Sec. 393.75(g) becomes effective on November 20, 2000, the final rule
must be effective on or before that date. The delay will remain in
effect until December 31, 2001.
Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures
The FMCSA has determined that this action is not a significant
regulatory action within the meaning of Executive Order 12866 or within
the meaning of Department of Transportation regulatory policies and
procedures. The final rule delays the termination date of
Sec. 393.75(g) until December 31, 2001, retaining the current rules
concerning tire loading restrictions applicable to the interstate
transportation of manufactured homes. Although the 1998 final rule
establishing the current requirements was a significant regulatory
action under section 3(f) of Executive Order 12866, the Office of
Management and Budget (OMB) does not consider this partial delay of the
final rule as a significant action. Thus, the Office of the Secretary
of Transportation and OMB have concurred in the FMSCA's finding that
this final rule is nonsignificant and they have declined review of this
document.
Regulatory Flexibility Act
This action will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.) and 1996 amendments (enacted as chapter 8 of
title 5, U.S. Code) because the original requirements did not have a
significant effect on a substantial number of small entities, and this
delay does not change those requirements. Any future regulatory action
on this issue will address any economic impacts, including impact on
small businesses.
Executive Order 13132 (Federalism)
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 13132 dated August 4, 1999, and
the FMCSA has determined that the action does not have a substantial
direct effect on the States or federalism implications that would
significantly limit the policymaking discretion of the States. Nothing
in this document directly preempts any State law or regulation, though
States that accept Motor Carrier Safety Assistance Program (MCSAP)
funds are required to adopt compatible motor carrier safety regulations
applicable to intrastate commerce, including rules compatible with
those in 49 CFR Part 393. This action will not have a significant
effect on the States' ability to execute traditional governmental
functions.
Executive Order 12372 (Intergovernmental Review)
Catalog of Federal Domestic Assistance Program Number 20.217, Motor
Carrier Safety. The regulations implementing Executive Order 12372
regarding intergovernmental consultation on Federal programs and
activities do not apply to this program.
Unfunded Mandates Reform Act of 1995
This rule does not impose an unfunded Federal mandate, as defined
by the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532 et seq.)
that will result in the expenditure by State, local and tribal
governments, in the aggregate, or by the private sector, of $100
million or more in any one year.
Paperwork Reduction Act of 1995
Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501, et
seq.), Federal agencies must obtain approval from the Office of
Management and Budget (OMB) for each collection of information they
conduct, sponsor, or require through regulations. The FMCSA has
determined that this action does not affect any requirements under the
PRA.
National Environmental Policy Act
The agency has analyzed this action for the purpose of the National
Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et. seq.)
and
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has determined that this action would not have any effect on the
quality of the environment.
Executive Order 12988 (Civil Justice Reform)
This action meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Executive Order 13045 (Protection of Children)
We have analyzed this action under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not economically significant and does not concern
an environmental risk to health or safety that may disproportionately
affect children.
Executive Order 12630 (Taking of Private Property)
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
List of Subjects in 49 CFR Part 393
Highway safety, Highways and roads, Motor carriers, Motor vehicle
safety.
For the reasons discussed in the preamble, the FMCSA amends title
49, Code of Federal Regulations, chapter III, part 393 as follows:
PART 393--[AMENDED]
1. The authority citation for part 393 is revised to read as
follows:
Authority: Sec. 1041(b) of Pub. L. 102-240, 105 Stat. 1914, 1993
(1991); 49 U.S.C. 31136 and 31502; 49 CFR 1.73.
2. Amend Sec. 393.75 to revise paragraph (g) to read as follows:
Sec. 393.75 Tires.
* * * * *
(g) Tire loading restrictions for manufactured homes. Tires used
for the transportation of manufactured homes (i.e., tires marked or
labeled 7-14.5MH and 8-14.5MH) may be loaded up to 18 percent over the
load rating marked on the sidewall of the tire or, in the absence of
such a marking, 18 percent over the load rating specified in any of the
publications of any of the organizations listed in FMVSS No. 119 (49
CFR 571.119, S5.1(b)). Manufactured homes which are labeled (24 CFR
3282.7(r)) on or after November 16, 1998, must comply with this
requirement. Manufactured homes transported on tires overloaded by 9
percent or more must not be operated at speeds exceeding 80 km/hr (50
mph). This provision will expire on December 31, 2001, unless extended
by mutual consent of the Federal Motor Carrier Safety Administration
and the Department of Housing and Urban Development after review of
appropriate tests or other data submitted by the industry or other
interested parties.
Issued on: November 14, 2000.
Julie Anna Cirillo,
Acting Assistant Administrator.
[FR Doc. 00-29751 Filed 11-17-00; 9:53 am]
BILLING CODE 4910-EX-P