[Federal Register Volume 80, Number 237 (Thursday, December 10, 2015)]
[Proposed Rules]
[Pages 76649-76653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30864]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 392

[Docket No. FMCSA-2015-0396]
RIN 2126-AB87


Driving of Commercial Motor Vehicles: Use of Seat Belts

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 revise the Federal Motor Carrier Safety 
Regulations (FMCSRs) by requiring that passengers in property-carrying 
commercial motor vehicles (CMVs) use the seat belt assembly whenever 
the vehicles are operated on public roads. This rule would hold motor 
carriers and drivers responsible for ensuring that passengers riding in 
the CMV are also using the seat belts required by the Federal Motor 
Vehicle Safety Standards (FMVSSs).

DATES: You may submit comments by January 25, 2016.

ADDRESSES: Comments to the rulemaking docket should refer to Docket ID 
Number FMCSA-2015-0396 or RIN 2126-AB87 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.
     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: Charles A. Horan, Director; Carrier, 
Driver, and Vehicle Safety Standards, Office of Policy, Federal Motor 
Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, 
DC 20590-0001 or by telephone at (202) 366-5370FMCSA 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-2015-0396), 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-2015-0396'' 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

[[Page 76650]]

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-2015-0396'' 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

    Section 393.93(b)(2)-(3) of the Federal Motor Carrier Safety 
Regulations (FMCSRs) (49 CFR 393.93) requires every truck and truck 
tractor manufactured after the early 1970s to comply with the National 
Highway Traffic Safety Administration's (NHTSA) Federal Motor Vehicle 
Safety Standard (FMVSS) 208 (49 CFR 571.208), relating to the 
installation of seat belt assemblies, as well as FMVSS 210, dealing 
with the installation of seat belt assembly anchorages, and FMVSS 207, 
addressing seating systems more generally. Under FMVSS 208, trucks and 
multipurpose passenger vehicles with a GVWR of more than 10,000 pounds 
manufactured on or after September 1, 1990, are allowed by S4.3.2.1 an 
option to comply by providing a ``complete passenger protection 
system,'' but nearly all CMV manufacturers choose the second compliance 
option (S4.3.2.2) and install a ``belt system.'' This second option 
requires a seat belt assembly ``at each designated seating position.'' 
In short, the FMVSS and FMCSRs require seat belts at every seating 
position in a CMV. In addition, 49 CFR 392.16 requires that a property-
carrying CMV which has a seat belt assembly installed at the driver's 
seat shall not be driven unless the driver has properly restrained 
himself or herself with the seat belt assembly. FMCSA proposes to 
require that passengers riding in property-carrying CMVs also use their 
seat belts when the vehicle is operated on public roads.

Benefits and Costs

    As indicated above, NHTSA requires vehicle manufacturers to install 
driver and passenger seat belts in large trucks. FMCSA already requires 
drivers to use their seat belts. However, the FMCSRs are silent on the 
use of seat belts by passengers. This NPRM would require every 
passenger to use a seat belt, if one was installed. The cost would be 
the value of the person's time necessary to buckle the safety belt, 
which is negligible. The benefits of this rule would be any fatalities 
or injuries avoided as a result of seat belt use; these benefits are 
discussed later.

III. Legal Basis for the Rulemaking

    This NPRM is based on the Motor Carrier Act of 1935 (1935 Act) and 
the Motor Carrier Safety Act of 1984 (1984 Act). The 1935 Act (49 
U.S.C. 31502), authorizes FMCSA to prescribe requirements for the 
safety of operation and equipment standards of for-hire and private 
motor carriers. This NPRM is directly related to safe motor carrier 
operations. The 1984 Act (49 U.S.C. 31136) required FMCSA to adopt 
regulations to ensure, among other things, that ``commercial motor 
vehicles are maintained, equipped, loaded, and operated safely'' (Sec.  
31136(a)(1)). This proposal would increase the safety, not only of 
passengers, but also of CMV drivers whose control of the vehicle would 
not be affected by unsecured passengers potentially thrown about the 
cab as a result of emergency steering or braking maneuvers. A 2012 
amendment to the 1984 Act requires FMCSA to ensure that CMV drivers are 
not coerced to violate certain provisions of the FMCSRs (Sec.  
31136(a)(5)). Given the obvious value of this proposal, and the ease of 
compliance, the Agency believes that no one will be coerced not to wear 
a seat belt. It should be noted that the 1985 Act also authorizes FMCSA 
to ``perform any other acts [the Agency] considers appropriate'' (49 
U.S.C. 31133(a)(1)), which clearly covers this common sense NPRM.

IV. Background

    This rulemaking responds to a petition submitted by the Commercial 
Vehicle Safety Alliance (CVSA) on October 29, 2013 (available in the 
docket to this rulemaking). CVSA requested that FMCSA require all 
occupants in a property-carrying CMV to restrain themselves when it is 
being driven. The petition referred to data available from the Agency's 
Report to Congress on the Large Truck Crash Causation Study (available 
at http://www.fmcsa.dot.gov/research-and-analysis/research/large-truck-crash-causation-study).

V. Discussion of the Proposed Rule

    Under this proposal the requirements of 49 CFR 392.16 would be 
revised to include requirements for seat belt usage by passengers in 
property-carrying CMVs. FMCSA proposes to revise the FMCSRs to prohibit 
the driving of a property-carrying CMV unless the driver and all other 
occupants have fastened their seat belts, if the vehicle is equipped 
with such belts.
    Today's proposal responds to CVSA's petition, but has slightly 
modified some of the petitioner's requests. FMCSA has used the word 
``occupant'' in addition to ``passenger'' to make clear that the 
regulation would apply to any person in the property-carrying CMV. 
``Occupants'' would include instructors, evaluators, or any other 
personnel who might be seated in a property-carrying CMV, regardless of 
their status. FMCSA also proposes this requirement be applicable only 
if there is a seat belt assembly installed in the property-carrying 
CMV.
    FMCSA recognizes that section 392.60 prohibits the use of a CMV to 
transport unauthorized passengers. Nevertheless, we believe today's 
rule fills an important safety gap by requiring the use of safety belts 
when the passenger seat is used by team drivers or other authorized 
individuals.

VI. Regulatory Analyses

A. Executive Order 12866 (Regulatory Planning and Review), Executive 
Order 13563 (Improving Regulation and Regulatory Review), and DOT 
Regulatory Policies and Procedures

    Under E.O. 12866 (58 FR 51735, Oct. 4, 1993) and DOT policies and 
procedures, FMCSA must determine

[[Page 76651]]

whether a regulatory action is ``significant,'' and therefore subject 
to OMB review and the requirements of the E.O. The Order defines 
``significant regulatory action'' as one likely to result in a rule 
that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal government or communities.
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another Agency.
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof.
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the E.O.
    FMCSA has determined that this action is not a significant 
regulatory action within the meaning of E.O. 12866 or significant 
within the meaning of Department of Transportation regulatory policies 
and procedures. The proposals contained in this document would not 
result in an annual effect on the economy of $100 million or more, lead 
to a major increase in costs or prices, or have significant adverse 
effects on the United States economy.
    According to data from NHTSA's Fatality Analysis Reporting System, 
available in the docket for this rulemaking, in 2013, 348 non-driver 
occupants were in the truck at the time the vehicle was involved in a 
fatal crash and were wearing a lap or shoulder belt. Seventeen of those 
non-driver occupants were killed in the crash. Also in 2013, 122 non-
driver occupants of large trucks were involved in fatal crashes and 
were not wearing a lap and or shoulder belt; of these, 30 were killed. 
Sixteen of the 30 were totally or partially ejected from the truck. The 
fatality rate was thus far lower among passengers who wore seat belts. 
FMCSA believes that some of these fatalities could have been prevented 
if this regulation had been in place.
    While all States but one have seat belt laws, failure to use a belt 
may be either a primary of secondary offense and may not apply to a 
truck passenger; furthermore, there may be differences in the weight 
threshold at which the law applies. Therefore, adopting a Federal rule 
applicable to non-driver occupants of CMVs, as defined in 49 CFR 390.5, 
will provide a uniform national standard. To maintain eligibility for 
Motor Carrier Safety Assistance Program grants, States would be 
required to adopt compatible seat belt rules for non-driver occupants 
within 3 years of FMCSA's publication of a final rule.
    Admittedly, FMCSA does not know how many trucks carry passengers, 
or how many of those passengers fail to use existing seat belts. 
However, given that the only cost of the proposal is the negligible 
amount of time needed for occupants to buckle their seat belts, the 
rule would obviously benefit motor carrier employees and passengers. 
Seat belts have been proven to save lives, and while the specific 
number of CMV-related fatalities that could be avoided is unclear, 
FMCSA believes motor carriers' and drivers' compliance with a final 
rule requiring the use of seat belts by non-driver occupants would save 
lives.
    The Agency believes the potential economic of this NPRM impact is 
positive, because it is likely that some lives will be saved at a cost 
that 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).

B. 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. FMCSA believes the cost is minimal and poses 
no disproportionate burden to small entities.
    Consequently, I certify that the proposed action will not have a 
significant economic impact on a substantial number of small entities. 
FMCSA invites comment from members of the public who believe there will 
be a significant impact either on small businesses or on governmental 
jurisdictions with a population of less than 50,000.
    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.

C. 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 $155 
million (which is the value of $100 million in 1995 after adjusting for 
inflation to 2014) or more in any 1 year.

D. 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.

E. Executive Order 13045 (Protection of Children)

    FMCSA analyzed this action under Executive Order 13045, Protection 
of Children from Environmental Health

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Risks and Safety Risks. The Agency determined that this proposed rule 
will not create an environmental risk to health or safety that may 
disproportionately affect children.

F. 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 affect a taking of private property or otherwise have taking 
implications.

G. 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.

H. 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.

I. Executive Order 13175 (Consultation and Coordination With Indian 
Tribal Governments)

    This proposed rule does not have tribal implications under E.O. 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it would 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.

J. 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. No new information collection requirements are associated 
with this NPRM.

K. 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(bb) of Appendix 2. The CE under paragraph 6(b) addresses regulations 
concerning vehicle operation safety standards. 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.

L. 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.

M. Executive Order 13211 (Energy Effects)

    FMCSA has analyzed this 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, the rule does not require a 
Statement of Energy Effects under Executive Order 13211.

N. E-Government Act of 2002

    The E-Government Act of 2002, Public Law 107-347, Sec.  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. FMCSA has not completed an assessment of the 
handling of PII in connection with today's proposal because the NPRM 
does not involve PII.

O. 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 FMCSA does not intend to adopt its 
own technical standards, there is no need to submit a separate 
statement to OMB on this matter.

P. 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 would 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. This 
proposed rule would not result in a new or revised Privacy Act System 
of Records for FMCSA.

List of Subjects in 49 CFR Part 392

    Alcohol abuse, Drug abuse, Highway safety, Motor carriers.

PART 392--DRIVING OF COMMERCIAL MOTOR VEHICLES

0
1. The authority citation for part 392 continues to read as follows:

    Authority: 49 U.S.C. 504, 13902, 31136, 31151, 31502; Section 
112 of Pub. L. 103- 311, 108 Stat. 1673, 1676 (1994), as amended by 
sec. 32509 of Pub. L. 112-141, 126 Stat. 405, 805 (2012); and 49 CFR 
1.87.

0
2. Revise Sec.  392.16 to read as follows:


Sec.  392.16  Use of Seat Belts.

    (a) Drivers. No driver shall operate a property-carrying commercial 
motor vehicle, and a motor carrier shall not require or permit a driver 
to operate a

[[Page 76653]]

property-carrying commercial motor vehicle, which has a seat belt 
assembly installed at the driver's seat unless the driver is properly 
restrained by the seat belt assembly.
    (b) Passengers. No driver shall operate a property-carrying 
commercial motor vehicle, and a motor carrier shall not require or 
permit a driver to operate a property-carrying commercial motor 
vehicle, which has seat belt assemblies installed at the seats for 
other occupants of the vehicle unless all other occupants are properly 
restrained by such seat belt assemblies.

    Issued under the authority of delegation in 49 CFR 1.87 on: 
December 2, 2015.
T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2015-30864 Filed 12-9-15; 8:45 am]
BILLING CODE 4910-EX-P