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

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.

-----------------------------------------------------------------------

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