[Federal Register Volume 67, Number 193 (Friday, October 4, 2002)]
[Rules and Regulations]
[Pages 62191-62192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-25226]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 397

[Docket No. FMCSA-02-13376; Docket No. RSPA-02-12773 (HM-232B)]
RIN 2126--AA74; RIN 2137-AD69


Revision to Periodic Tire Check Requirement for Motor Carriers 
Transporting Hazardous Materials

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

ACTION: Final rule.

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SUMMARY: The Federal Motor Carrier Safety Administration is eliminating 
an outdated requirement for certain motor vehicle operators to stop 
periodically to check their tires. Eliminating this requirement 
enhances the security of hazardous materials shipments.

DATES: The effective date of this final rule is November 4, 2002.

FOR FURTHER INFORMATION CONTACT: William Quade, (202) 366-6121, Office 
of Enforcement and Compliance (MC-ECH), Federal Motor Carrier Safety 
Administration, 400 Seventh Street, SW., Washington, DC 20590. Office 
hours are from 7:30 a.m. to 4:15 p.m., e.t., Monday through Friday, 
except Federal holidays.

SUPPLEMENTARY INFORMATION: 

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 interstate 
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. Motor carriers that transport hazardous 
materials in intrastate commerce must comply with the HMR, and the 
FMCSR to the extent that they apply (See 62 FR 1208, 1213 (January 8, 
1997) and 49 CFR 177.804). 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 final rule 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

[[Page 62192]]

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. On July 16, 2002, we 
published a Notice of Proposed Rulemaking (NPRM) (67 FR 46624) 
proposing to eliminate this outdated requirement for certain motor 
vehicle operators to stop periodically to check their tires.

Discussion of Comments

    We received eight comments on the NPRM. Most commenters support the 
proposal to eliminate the requirement that certain motor vehicle 
operators periodically stop to check their tires. They agree with us 
that advancements in tire technology, specifically the elimination of 
inner-tubes, have largely eliminated the risk of fire caused by tire 
overheating. Hence, stopping every two hours or 100 miles to check the 
tires is no longer necessary. The commenters also support our position 
that frequent stops compromise the security of hazardous materials 
shipments and increase the vulnerability to theft and hijackings.
    One commenter disagrees with the proposed changes, stating that a 
reduction in potential security risks for motor carriers should not 
come from the elimination of regulations that were established to 
promote carrier and public safety. As stated in the NPRM, we are not 
eliminating all tire checks. An operator of a motor vehicle 
transporting hazardous materials must still check each tire at the 
beginning of each trip and each time the vehicle is parked. Thus, we do 
not agree that elimination of the periodic 2 hour/100 mile tire check 
requirement reduces safety. This commenter also suggests that training 
for drivers that includes increased security awareness concerning 
hijackings and theft would be beneficial. In this regard, we note that 
in an NPRM published under Docket HM-232 on May 2, 2002 (67 FR 22030), 
we are proposing to add a provision to Sec.  172.704 to require the 
training of hazmat employees to include a security component covering 
how to recognize and respond to possible security threats.
    A commenter who supports the proposal notes that 49 CFR 392.9, Safe 
loading, requires drivers of trucks and truck tractors to stop 
periodically to examine the vehicle's cargo and its load-securing 
devices. The commenter suggests that we also analyze the risk and 
benefits related to periodic inspection of load-securing devices. The 
requirement for safe loading of cargo applies to all types of cargo and 
not just hazardous materials shipments, and therefore is outside the 
scope of this rulemaking.

Rulemaking Analyses and Notices

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

    The FMCSA has determined that this is not a significant regulatory 
action within the meaning of Executive Order 12866, or significant 
within the meaning of DOT regulatory policies and procedures (44 FR 
11034).
    Eliminating the periodic tire check requirement for motor vehicles 
transporting hazardous materials will not result in increased 
compliance costs on the industry. Instead, eliminating periodic stops 
to check tires will decrease costs for the industry by reducing en 
route shipment delays and, thus, improving overall delivery times. 
Because this final rule eliminates a requirement, preparation of a 
cost-benefit analysis is not warranted.

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act (5 U.S.C. 601 et 
seq.), the FMCSA evaluated the effects of this action on small 
entities. Accordingly, we certify that this action does not have a 
significant economic impact on a substantial number of small entities.

Executive Order 13132 (Federalism)

    This action was analyzed in accordance with the principles and 
criteria contained in Executive Order 13132. It has been determined 
that this final action does not have a substantial direct effect on 
States, nor would it limit the policy-making discretion of the States. 
Nothing in this document preempts any State law or regulation.

Executive Order 13175

    This final rule has been analyzed under Executive Order 13175 
(Consultation and Coordination with Indian Tribal Governments). Because 
this final rule 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.

Unfunded Mandates Reform Act of 1995

    This final rule does not impose an unfunded 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

    This action does not contain an information collection requirement 
for the purposes of the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501-3520).

Environmental Assessment

    There are no significant environmental impacts associated with this 
final rule.

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, FMCSA is amending chapter III, 
subchapter B, Title 49 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 is 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) is revised to read as follows:


Sec.  397.17  Tires.

    (a) A driver must examine each tire on a motor vehicle at the 
beginning of each trip and each time the vehicle is parked.
* * * * *

    Issued on September 30, 2002.
Joseph M. Clapp,
Administrator, Federal Motor Carrier Safety Administration.
Ellen G. Engleman,
Administrator, Research and Special Programs Administration.
[FR Doc. 02-25226 Filed 10-3-02; 8:45 am]
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