[Federal Register Volume 67, Number 136 (Tuesday, July 16, 2002)]
[Proposed Rules]
[Pages 46624-46626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17898]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 397
[Docket No. RSPA-02-12773 (HM-232B)]
RIN 2137-AD69
Revision to Periodic Tire Check Requirement for Motor Carriers
Transporting Hazardous Materials
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The Federal Motor Carrier Safety Administration is proposing
to eliminate an outdated requirement for certain motor vehicle
operators to stop periodically to check their tires.
[[Page 46625]]
Eliminating this requirement will enhance the security of hazardous
materials shipments.
DATES: Submit comments by August 15, 2002, but, to the extent possible,
we will consider late-filed comments as we develop a final rule.
ADDRESSES: Submit comments to the Dockets Management System, U.S.
Department of Transportation, Room PL 401, 400 Seventh Street, SW,
Washington, DC 20590-0001. Comments should identify Docket Number RSPA-
02-12773 (HM-232B). If you wish to receive confirmation of receipt of
your written comments, include a self-addressed, stamped postcard. You
may also submit comments by e-mail by accessing the Dockets Management
System web site at ``http://dms.dot.gov/'' and following the
instructions for submitting a document electronically.
The Dockets Management System is located on the Plaza level of the
Nassif Building at the Department of Transportation at the above
address. You can review public dockets there between the hours of 9:00
a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. You
can also review comments on-line at the DOT Dockets Management System
web site at ``http://dms.dot.gov/.''
FOR FURTHER INFORMATION CONTACT: William Quade, (202) 366-6121, Office
of Enforcement and Compliance, Federal Motor Carrier Safety
Administration.
SUPPLEMENTARY INFORMATION:
I. Background
After the terrorist attacks of September 11, 2001, the Federal
Motor Carrier Safety Administration (FMCSA) and the Research and
Special Programs Administration (RSPA), reviewed government and
industry hazardous materials transportation safety and security
programs with a view towards identifying areas where security should be
enhanced. Over 800,000 shipments of hazardous materials occur each day
in the United States. The overwhelming majority of these shipments--
approximately 95 percent--are made by highway. Many of the hazardous
materials transported by motor carriers potentially may be used as
weapons of mass destruction or in the manufacture of such weapons.
Since September 11, 2001, on several occasions, Federal law enforcement
officials provided information indicating that terrorist organizations
may be planning to use motor vehicles transporting certain hazardous
materials for additional terrorist attacks on facilities in the United
States.
Prior to 1975, the Secretary of Transportation regulated the
transportation of hazardous materials by highway under the authority of
the Motor Carrier Safety Act (MCSA). The authority to issue regulations
under the MCSA is currently delegated to FMCSA. 49 CFR 1.73(g). In
1974, Congress passed the Hazardous Materials Transportation Act
(HMTA). The HMTA gave the Secretary the authority to issue
``regulations for the safe transportation in commerce of hazardous
materials'' applicable to ``any person who transports, or causes to be
transported or shipped, a hazardous material. . . .'' Public Law 93-
633; 88 Stat. 2156 (Jan. 3, 1975). The Secretary delegated this
rulemaking authority to RSPA. 49 CFR 1.53(b).
Motor carriers that transport hazardous materials in commerce must
comply with both the Hazardous Materials Regulations (HMR; 49 CFR Parts
171-180), administered by RSPA, and the Federal Motor Carrier Safety
Regulations (FMCSR; 49 CFR Parts 390-397), administered by FMCSA. As a
result of a 1984 amendment to the MCSA and a 1990 amendment to the
HMTA, RSPA is authorized to eliminate or amend regulations (other than
highway routing regulations) that appear in Part 397 of the FMCSR and
that apply solely to the maintenance, equipment, loading, or operation
of motor vehicles carrying hazardous materials. Therefore, we are
issuing this NPRM as a joint RSPA-FMCSA rulemaking.
Section 397.17 of the FMCSR requires periodic tire inspections for
certain vehicles transporting hazardous materials. Drivers of vehicles
with dual tires must stop every two hours or 100 miles to inspect the
tires. When originally promulgated, this requirement was intended to
prevent possible fires caused by overheated tube-type tires. With
advancements in tire technology, fires caused by tire overheating occur
much less frequently.
To require a vehicle transporting a hazardous material to stop at
frequent regular intervals increases the security risk associated with
such transportation. Any stop provides an opportunity for potential
highjacking or theft of the vehicle and its cargo. Eliminating the tire
check stop reduces this potential security risk. Therefore, in this
NPRM, we are proposing to remove the requirement to periodically stop
and check dual tires from Sec. 397.17 of Part 397. Operators of motor
vehicles transporting hazardous materials must still check each
vehicle's tires at the beginning of each trip and each time the vehicle
is parked.
II. Regulatory Notices
A. Executive Order 12866 and DOT Regulatory Policies and Procedures
This rulemaking is not considered a significant regulatory action
under section 3(f) of Executive Order 12866 and, therefore, was not
reviewed by the Office of Management and Budget. This rulemaking is not
considered significant under the Regulatory Policies and Procedures of
the Department of Transportation (44 FR 11034). Because of the minimal
economic impact of this rule, preparation of a regulatory impact
analysis or a regulatory evaluation is not warranted.
The proposal to eliminate the periodic tire check requirement for
motor vehicles transporting hazardous materials will not result in
increased compliance costs on the industry. Indeed, eliminating
periodic stops to check tires will decrease costs for the industry by
reducing en route shipment delays and, thus, improving overall delivery
times.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an
agency to review regulations to assess their impact on small entities
unless the agency determines that a rule is not expected to have a
significant impact on a substantial number of small entities. We
determined that the requirements proposed in this NPRM will not have a
significant economic impact on a substantial number of small entities.
Eliminating the current requirement for operators of motor vehicles
transporting hazardous materials to stop periodically to check tires
will decrease costs for the industry by reducing en route shipment
delays and, thus, improving overall delivery times.
C. Executive Order 13132
This NPRM was analyzed in accordance with the principles and
criteria contained in Executive Order 13132 (``Federalism''). This NPRM
does not propose any regulation with substantial direct effects on the
states, the relationship between the national government and the
states, or the distribution of power and responsibilities among the
various levels of government. Therefore, the consultation and funding
requirements of Executive Order 13132 do not apply.
D. Executive Order 13175
This NPRM was analyzed in accordance with the principles and
criteria contained in Executive Order
[[Page 46626]]
13175 (``Consultation and Coordination with Indian Tribal
Governments''). Because this NPRM does not significantly or uniquely
affect the communities of the Indian tribal governments and does not
impose substantial direct compliance costs, the funding and
consultation requirements of Executive Order 13175 do not apply.
E. Unfunded Mandates Reform Act of 1995
This NPRM does not impose unfunded mandates under the Unfunded
Mandates Reform Act of 1995. It does not result in costs of $100
million or more, in the aggregate, to any of the following: State,
local, or Indian tribal governments, or the private sector. This rule
is the least burdensome alternative to achieve the objective of the
rule.
F. Paperwork Reduction Act
This NPRM does not impose new information collection requirements.
G. Regulation Identifier Number (RIN)
A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN contained in the heading of
this document can be used to cross-reference this action with the
Unified Agenda.
H. Environmental Assessment
There are no significant environmental impacts associated with this
NPRM.
List of Subjects in 49 CFR Part 397
Administrative practice and procedure, Highway safety,
Intergovernmental relations, Motor carriers, Parking, Radioactive
materials, Reporting and recordkeeping requirements, Tires.
In consideration of the foregoing, we propose to amend Title 49,
Chapter III, Subchapter B of the Code of Federal Regulations, as
follows:
PART 397--TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND
PARKING RULES
1. The authority citation for part 397 would be revised to read as
follows:
Authority: 49 U.S.C. 322; 49 CFR 1.73. Subpart A also issued
under 49 U.S.C. 5103, 31136, 31502, and 49 CFR 1.53. Subparts C, D,
and E also issued under 49 U.S.C. 5112, 5125.
2. In Sec. 397.17, paragraph (a) would be revised to read as
follows:
Sec. 397.17 Tires.
(a) A driver must examine a motor vehicle's tires at the beginning
of each trip and each time the vehicle is parked.
* * * * *
Issued in Washington, DC on July 10, 2002, under authority
delegated in 49 CFR part 106.
Brian McLaughlin,
Acting Deputy Administrator, Federal Motor Carrier Safety
Administration.
Robert A McGuire,
Associate Administrator for Hazardous Materials Safety, Research and
Special Programs Administration.
[FR Doc. 02-17898 Filed 7-15-02; 8:45 am]
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