[Federal Register Volume 59, Number 94 (Tuesday, May 17, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11962]


[[Page Unknown]]

[Federal Register: May 17, 1994]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

49 CFR Part 393

[FHWA Docket No. MC-90-1]
RIN 2125-AC49

 

Parts and Accessories Necessary for Safe Operation; Front Wheel 
Brakes on Mexican Commercial Motor Vehicles

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Final rule.

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SUMMARY: The FHWA is adopting as a final rule an interim final rule 
requiring Mexican commercial motor vehicles (CMVs) operated in the 
United States to be equipped with brakes acting on all wheels. The 
interim final rule, published on November 24, 1989, allowed Mexican 
CMVs to operate without front wheel brakes until January 1, 1991 (54 FR 
48616). Since January 1, 1991, Mexican CMVs have been required to 
comply with the front wheel brake requirements of the Federal Motor 
Carrier Safety Regulations (FMCSRs).
    It is the intent of this final rule to remove obsolete language 
concerning the brake requirements from the FMCSRs.

EFFECTIVE DATE: June 16, 1994.

FOR FURTHER INFORMATION CONTACT: Ms. Deborah M. Freund, Office of Motor 
Carrier Standards, (202) 366-2981, or Mr. Charles Medalen, Office of 
the Chief Counsel, (202) 366-1354, Federal Highway Administration, 
Department of Transportation, 400 Seventh Street, SW., Washington, DC 
20590. Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday 
through Friday, except legal Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Section 9102(b) of the Truck and Bus Safety and Regulatory Reform 
Act of 1988 (the Act) [Title IX, Subtitle B of the Anti-Drug Abuse Act 
of 1988, Public Law 100-690, 102 Stat. 4181, 4528] required the 
Secretary of Transportation to exempt certain foreign motor carriers 
from part 393 of the FMCSRs, for a period of one year, beginning on 
November 18, 1988. The Act also required the Secretary to submit a 
report to Congress on the effects of the delay in application of part 
393 along with recommendations on the extent to which foreign motor 
carriers may or should be required to comply with all or any of the 
requirements contained in part 393.
    The FHWA addressed the requirements of the Act by publishing a 
final rule and request for comments amending the general applicability 
provisions of the FMCSRs on March 24, 1989 (54 FR 12200). The required 
report to Congress was submitted in the form of a letter to Vice 
President Quayle and House Speaker Foley on September 29, 1989. The 
report recommended that the part 393 exemption created by the Act be 
allowed to lapse, with the exception of the front wheel brake 
requirement, and that Mexican motor carriers operating in border 
commercial zones be given until January 1, 1991, to comply with that 
standard. The report specifically recommended that the requirement for 
front wheel brakes apply to all Mexican CMVs manufactured on or after 
July 25, 1980, the effective date of the Federal Motor Vehicle Safety 
Standard No. 121 amendment requiring newly manufactured vehicles to be 
equipped with brakes on all axles. The report noted that a similar 
transition period was provided to both Canadian and U.S. motor carriers 
when the requirement was instituted in 1987.
    Consistent with the recommendation in the Secretary's report to 
Congress, the FHWA published an interim final rule allowing Mexican 
CMVs to operate without front wheel brakes until January 1, 1991 
(November 24, 1989, 54 FR 48616). The interim final rule amended 
Sec. 393.42 to include an exemption to the front wheel brake 
requirement for Mexican trucks and truck tractors with three or more 
axles and manufactured on or after July 25, 1980.

Discussion of Comments

    The FHWA received three comments in response to the interim final 
rule. The commenters were the Greater Las Cruces Economic Development 
Council, the Asociacion de Maquiladoras de Matamoros, A.C., and the 
U.S. Department of Agriculture, Office of Transportation (USDA).
    The Greater Las Cruces Economic Development Council and the 
Asociacion de Maquiladoras de Matamoros both submitted comments, 
through U.S. Senators, in opposition to the provisions of the interim 
final rule. Both organizations enclosed a copy of an undated bulletin 
from the Border Trade Alliance (BTA), a grassroots organization of 
financial groups, businesses, trade associations, and others seeking to 
educate, build consensus, and solve problems related to border trade 
interests. The bulletin discussed two reports submitted to the Congress 
in response to the 1988 Act, the DOT report, and a second report 
prepared by the BTA. The BTA report recommended that Mexican trucks 
manufactured post-1981 be exempted from the front wheel brake 
requirement, and that pre-1981 vehicles not be subject to the 
requirements of part 393 at all. The rationale provided was that 
Mexico's farmers operate older, pre-1981 vehicles, and that ``any 
restriction on the entry of these vehicles would seriously affect 
agricultural trade between the U.S. and Mexico * * *. Despite the lack 
of general compliance with U.S safety equipment standards, accident and 
insurance data indicated that these vehicles do not represent a threat 
to public safety, i.e., they are road worthy, and therefore should not 
be prohibited access to U.S. border commercial zones. These findings 
indicate that different manufacturing standards in Mexico do not 
compromise safety in U.S. border communities.'' The BTA's bulletin 
added that the DOT report ``was submitted without the thorough 
investigation mandated by Congress.'' The bulletin proposed that the 
DOT consider exempting ``older vehicles of Mexican manufacture'' from 
the requirements of part 393 for a period of 3 years from January 1, 
1991, the effective date for Mexican motor carriers to comply with 
Sec. 393.42. Neither the Greater Las Cruces Economic Development 
Council nor the Asociacion de Maquiladoras de Matamoros provided a copy 
of BTA's report to Congress in their submittals to the docket. The 
BTA's bulletin did not include even summary information on accident or 
insurance data.
    The FHWA notes that Sec. 393.42(b)(1)(i) provides an exception to 
the general requirement for CMVs to be equipped with brakes acting on 
all wheels: Trucks or truck tractors having three or more axles need 
not have brakes on the front wheels if the vehicle was manufactured 
before July 24, 1980. Therefore, nearly all pre-1981 three axle trucks 
and truck tractors would automatically be covered by this exception.
    The USDA submitted comments in support of the interim final rule. 
The USDA maintained that prohibiting Mexican motor carriers access to 
border commercial zones would have a significant economic impact on 
U.S.-Mexico border communities and overall agricultural trade between 
the U.S. and Mexico. The agency supported the transition period the 
FHWA provided for Mexican motor carriers to comply with Sec. 393.42. 
The USDA agreed with the FHWA's decision that the transition period not 
extend beyond January 1, 1991.
    Over three years have passed since the end of the transition period 
announced in the 1989 interim final rule. As the North American Free 
Trade Agreement (NAFTA) is implemented, cross-border trade will 
increase. Although the BTA has asserted that Mexican CMVs do not 
compromise safety in U.S. border communities, the FHWA notes that, in 
accordance with the access phase-in schedule in NAFTA, these CMVs will 
no longer be restricted to commercial border zones, but may begin 
operating well into the interior of the U.S., and into Canada. It is 
imperative that all CMVs using the U.S. highways do so with a high 
level of safety. The U.S., Canada, and Mexico are working together to 
harmonize their CMV safety regulations applicable to drivers, vehicles, 
and motor carriers.

FHWA Decision

    The FHWA believes the interim final rule should be adopted as a 
final rule. The deadline for compliance with the front wheel brake 
requirement has passed with no indication that the requirement has had 
an adverse impact on Mexican motor carriers. Contrary to the assertions 
of the Greater Las Cruces Economic Development Council and the 
Association de Maquiladoras de Matamoros, the FHWA does not believe 
that exceptions to the requirements of part 393 in general, or the 
front wheel brake requirements in particular, are necessary for Mexican 
motor carriers. The DOT Report to Congress provides a thorough analysis 
of the issue and fully supports the FHWA's decision to require that 
Mexican CMVs manufactured on or after July 25, 1980, be equipped with 
front wheel brakes.
    The FHWA notes that part 393 of the FMCSRs provides basic equipment 
standards intended to help ensure the safe operation of CMVs within the 
United States regardless of the principal place of business of the 
motor carrier. As such, all CMVs operated in the United States and 
manufactured on or after July 25, 1980, must be equipped with front 
wheel brakes.
    In consideration of the January 1, 1991, expiration date for the 
exception to the front wheel brake requirements for Mexican CMVs, the 
FHWA is amending Sec. 393.42 to remove this exception found at 
Sec. 393.42(b)(4).

Rulemaking Analyses and Notices

Executive Order 12866 (Regulatory Planning and Review) and DOT 
Regulatory Policies and Procedures

    The FHWA has determined that this action is not a significant 
regulatory action within the meaning of Executive Order 12866 or 
significant within the meaning of Department of Transportation 
regulatory policies and procedures. This final rule merely adopts the 
interim final rule which allowed Mexican motor carriers until January 
1, 1991, to comply with the requirements of Sec. 393.42. Since the 
January 1, 1991, expiration date for the exemption has passed, and CMVs 
subject to the FMCSRs are currently required to comply with all 
applicable requirements of part 393, it is anticipated that the 
economic impact of this rulemaking will be minimal; therefore, a full 
regulatory evaluation is not required.

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act (5 U.S.C. 601 et 
seq.), the FHWA has evaluated the effects of this rule on small 
entities. This final rule adopts the November 24, 1989, interim final 
rule which allowed Mexican motor carriers until January 1, 1991, to 
comply with the requirements of Sec. 393.42. Since the January 1, 1991, 
expiration date for the exemption has passed, and CMVs subject to the 
FMCSRs are currently required to comply with all applicable 
requirements of part 393, the FHWA believes the economic impact on 
small entities will be minimal. Therefore, the FHWA hereby certifies 
that this action will not have a significant economic impact on a 
substantial number of small entities.

Executive Order 12612 (Federalism Assessment)

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that this action does not have sufficient federalism implications to 
warrant the preparation of a federalism assessment.

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 apply to this program.

Paperwork Reduction Act

    This action does not contain a collection of information 
requirement for purposes of the Paperwork Reduction Act of 1980, 44 
U.S.C. 3501 et seq.

National Environmental Policy Act

    The agency has analyzed this action for the purpose of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and has 
determined that this action would not have any effect on the quality of 
the environment.

Regulation Identification Number

    A regulation identification 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.

List of Subjects in 49 CFR Part 393

    Freight transportation, Highway safety, Highways and roads, Motor 
carriers, Motor vehicle safety, Parts and accessories.

    Issued on: May 9, 1994.
Rodney E. Slater,
Federal Highway Administrator.

    In consideration of the foregoing, the FHWA is amending title 49, 
Code of Federal Regulations, part 393, as follows:

PART 393--[AMENDED]

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

    Authority: 49 U.S.C. 3102; 49 U.S.C. app. 2505; 49 CFR 1.48.


Sec. 393.42  [Amended]

    2. In Sec. 393.42, paragraph (b)(4) is removed.

[FR Doc. 94-11962 Filed 5-16-94; 8:45 am]
BILLING CODE 4910-22-P