Gross Combination Weight Rating (GCWR); Definition |
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Anne S. Ferro
Federal Motor Carrier Safety Administration
August 27, 2012
[Federal Register Volume 77, Number 166 (Monday, August 27, 2012)]
[Rules and Regulations]
[Pages 51706-51709]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21017]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Parts 383 and 390
[Docket No. FMCSA-2012-0156]
RIN 2126-AB53
Gross Combination Weight Rating (GCWR); Definition
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Direct final rule; request for comments.
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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) amends
the definition of ``gross combination weight rating'' (GCWR) in our
regulations. The definition currently prescribes how the GCWR is
calculated if the vehicle manufacturer does not include the information
on the vehicle certification label required by the National Highway
Traffic Safety Administration (NHTSA). The Agency has determined the
definition should not include what is essentially guidance that is
difficult for the motor carrier and enforcement communities to use.
Therefore, FMCSA amends this definition to state that the GCWR is the
value specified by the commercial motor vehicle manufacturer.
DATES: This rule is effective October 26, 2012, unless an adverse
comment or notice of intent to submit an adverse comment, is either
submitted to our online docket via http://www.regulations.gov on or
before September 26, 2012 or reaches the Docket Management Facility by
that date. If an adverse comment or notice of intent to submit an
adverse comment is received by September 26, 2012, we will withdraw
this direct final rule and publish a timely notice of withdrawal in the
Federal Register.
ADDRESSES: You may submit comments identified by docket number FMCSA-
[[Page 51707]]
2012-0156 using any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: (202) 493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
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: Tom Kelly, Office of Enforcement and
Program Delivery, Federal Motor Carrier Safety Administration, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001, by telephone at (202)
366-1812 or via email at Thomas.Kelly@dot.gov. Office hours are from 9
a.m. to 5 p.m. ET, Monday through Friday, except Federal holidays. If
you have questions on viewing or submitting material to the docket,
contact Renee V. Wright, Program Manager, Docket Operations, telephone
(202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for Comments
A. Submitting Comments
B. Viewing Comments and Documents
C. Privacy Act
II. Abbreviations
III. Regulatory Information
IV. Background
V. Discussion of the Rule
VI. Regulatory Analyses
VII. The Final Rule
I. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided.
A. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (FMCSA-2012-0156), 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 comment and material
online, or by fax, mail or hand delivery, but please use only one of
these means. We recommend that you include your name and a mailing
address, an email address, or a phone number in the body of your
document so that we can contact you if we have questions regarding your
submission. As a reminder, FMCSA will only consider adverse comments as
defined in 49 CFR 389.39(b) and explained below.
To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``FMCSA-2012-0156'' in the ``Keyword''
box. Click ``Search'' then click on the balloon shape in the
``Actions'' column. If you submit your comment by mail or hand
delivery, submit it in an unbound format, no larger than 8\1/2\ by 11
inches, suitable for copying and electronic filing. If you submit it by
mail and would like to know that it reached the Facility, please
enclose a stamped, self-addressed postcard or envelope. FMCSA will
consider all comments and material received during the comment period.
B. Viewing Comments and Documents
To view comments, go to http://www.regulations.gov, click on the
``read comments'' box, which will then become highlighted in blue. In
the ``Keyword'' box insert ``FMCSA-2012-0156'' and click ``Search.''
Click the ``Open Docket Folder'' in the ``Actions'' column. If you do
not have access to the Internet, you may also 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.,
Monday through Friday, except Federal holidays.
C. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
II. Abbreviations
FMCSA Federal Motor Carrier Safety Administration
FR Federal Register
GCWR Gross combination weight rating
NHTSA National Highway Traffic Safety Administration
III. Regulatory Information
FMCSA publishes this amendment to parts 383 and 390 under the
direct final rule procedures in 49 CFR 389.11 and 389.39 because we
believe the rule is a routine, non-controversial amendment to the
definition of ``gross combination weight rating'' (GCWR) in both 49 CFR
383.5 and 390.5. The rule would provide consistency between FMCSA's
definition of GCWR and the definition of that term used by NHTSA under
49 CFR 571.3. FMCSA does not expect adverse comments. If no adverse
comments or notices of intent to submit an adverse comment are received
by September 26, 2012, this rule will become effective as stated in the
DATES section. In that case, approximately 30 days before the effective
date, FMCSA will publish a document in the Federal Register stating
that no adverse comments were received and confirming that this rule
will become effective as scheduled. However, if the Agency receives any
adverse comments or notices of intent to submit an adverse comment,
FMCSA will publish a document in the Federal Register announcing the
withdrawal of all or part of this direct final rule. If an adverse
comment applies only to part of this rule and it is possible to remove
that part without defeating the purpose of this rule, the Agency may
adopt, as final, that part of this rule on which no adverse comments
were received. FMCSA will withdraw the part of this rule that was the
subject of an adverse comment. If the Agency decides to proceed with a
rulemaking following receipt of any adverse comments, FMCSA will
publish a separate notice of proposed rulemaking and provide a new
opportunity for comment.
A comment is considered ``adverse'' if the comment explains why
this rule or a part of this rule would be inappropriate, including a
challenge to its underlying premise or approach, or would be
ineffective or unacceptable without a change.
IV. Background
Currently, the definitions in 49 CFR 383.5 and 390.5 both say:
Gross combination weight rating (GCWR) means the value specified
by the manufacturer as the loaded weight of a combination
(articulated) vehicle. In the absence of a value specified by the
manufacturer, GCWR will be determined by
[[Page 51708]]
adding the GVWR \1\ of the power unit and the total weight of the
towed unit and any load thereon.
\1\ GVWR stands for gross vehicle weight rating.
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The first sentence of the definition is entirely correct; this is
the definition used by other authorities. The second sentence, however,
presents an alternative definition that is not used to determine GCWR
by either vehicle manufacturers or the National Highway Traffic Safety
Administration (NHTSA) (see 49 CFR 571.3) (``Gross combination weight
rating or GCWR means the value specified by the manufacturer as the
loaded weight of a combination vehicle.'') As FMCSA and its State
partners increase their monitoring of drivers and carriers through
roadside inspections, investigations and the Agency's Safety
Measurement System and other tools, questions from industry and the
enforcement community about the inconsistency between FMCSA's GCWR
definition in 49 CFR 383.5 and 390.5 and NHTSA's definition in 49 CFR
571.3 make it clear that the FMCSA definition must be changed.
V. Discussion of the Rule
FMCSA is using a direct final rule to promulgate this correction to
the GCWR definition in 49 CFR 383.5 and 390.5 because the Agency does
not believe the change would have a net impact of the number of drivers
or carriers subject to the FMCSRs, or the applicability of the
requirements therein. Furthermore, we do not anticipate the submission
of adverse comments. By removing the second sentence in the definition
in both sections, the rule simply conforms the Agency's GCWR definition
to the one used by NHTSA.
VI. Regulatory Analyses
E.O. 12866 (Regulatory Planning and Review and DOT Regulatory Policies
and Procedures as Supplemented by E.O. 13563)
FMCSA has determined that this proposed rule is not a significant
regulatory action within the meaning of Executive Order (E.O.) 12866,
as supplemented by E.O. 13563 (76 FR 3821, January 21, 2011), and not
significant within the meaning of the Department of Transportation's
regulatory policies and procedures because the direct final rule is not
expected to generate substantial congressional or public interest. The
rulemaking is unlikely to impose costs on the industry because the
change to the GCWR definition would not have a net impact of the number
of drivers or carriers subject to the FMCSRs, or the applicability of
the requirements therein. The cost, if any, would be borne by motor
carriers that had previously determined by reference to the
inconsistent wording that their operations were not subject to certain
safety regulations and that would now be required to achieve compliance
with the applicable rules. The Agency believes this population to be
negligible, and that the costs of the rule would not begin to approach
the $100 million annual threshold for economic significance. This rule
therefore has not been formally reviewed by the Office of Management
and Budget (OMB).
Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et
seq.), as amended by the Small Business Regulatory Enforcement Fairness
Act of 1996 (Pub. L. 104-121, 110 Stat. 857), FMCSA is not required to
prepare a final regulatory flexibility analysis under 5 U.S.C. 604(a)
for this final rule because the agency has not issued a notice of
proposed rulemaking prior to this action.
Assistance for Small Entities
In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996, FMCSA wants to assist small entities
in understanding this direct final rule so that they can better
evaluate its effects on themselves and participate in the rulemaking
initiative. If the direct final 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, Tom Kelly, listed in the FOR FURTHER
INFORMATION CONTACT section of this 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 regarding the rights
of small entities to regulatory enforcement fairness and an explicit
policy against retaliation for exercising these rights.
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 will result in the expenditure by State, local, and tribal
governments, in the aggregate, or by the private sector, of $143.1
million (which is the value of $100 million in 2010 after adjusting for
inflation) or more in any 1 year.
E.O. 13132 (Federalism)
A rule has Federalism implications if the rule 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 rule under E.O. 13132 and determined
that it does not have Federalism implications.
E.O. 12988 (Civil Justice Reform)
This final rule meets applicable standards in sections 3(a) and
3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
E.O. 13045 (Protection of Children)
FMCSA analyzed this action under E.O. 13045, Protection of Children
from Environmental Health Risks and Safety Risks. The Agency determined
that this rule will not create an environmental risk to health or
safety that may disproportionately affect children.
E.O. 12630 (Taking of Private Property)
FMCSA reviewed this final rule in accordance with E.O. 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights, and has determined it will not effect a taking of
private property or otherwise have taking implications.
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 (PIA) of a regulation that will
affect the privacy of individuals. This rule does 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 which receives records contained in a system
of records from a Federal agency for use in a matching program. FMCSA
has determined this rule will not result in a new or revised Privacy
Act System of Records for FMCSA.
E.O. 12372 (Intergovernmental Review)
The regulations implementing E.O. 12372 regarding intergovernmental
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consultation on Federal programs and activities do not apply to this
program.
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. There is no new information collection requirement
associated with this final rule.
National Environmental Policy Act and Clean Air Act
FMCSA analyzed this 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 final rule is categorically
excluded (CE) from further analysis and documentation in an
environmental assessment or environmental impact statement under FMCSA
Order 5610.1, paragraph 6(b) of Appendix 2. The CE under paragraph 6(b)
addresses rulemakings that make editorial or other minor amendments to
existing FMCSA regulations. A Categorical Exclusion Determination is
available for inspection or copying in the Regulations.gov Web site
listed under ADDRESSES.
FMCSA also analyzed this 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.
E.O. 13211 (Energy Supply, Distribution, or Use)
FMCSA has analyzed this rule under E.O. 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 order because it is not a ``significant regulatory
action'' under E.O. 12866 and is not likely to have a significant
adverse effect on the supply, distribution, or use of energy. The
Administrator of the Office of Information and Regulatory Affairs has
not designated it as a significant energy action. Therefore, it does
not require a Statement of Energy Effects under E.O. 13211.
E.O. 13175 (Indian Tribal Governments)
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does 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.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through OMB, with an explanation of why using these standards would be
inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards (e.g., specifications of materials, performance,
design, or operation; test methods; sampling procedures; and related
management systems practices) are standards that are developed or
adopted by voluntary consensus standards bodies.
This rule does not use technical standards. Therefore, FMCSA did
not consider the use of voluntary consensus standards.
List of Subjects
49 CFR Part 383
Administrative practice and procedure, Alcohol abuse, Drug abuse,
Highway Safety, Incorporation by reference, Motor carriers.
49 CFR Part 390
Highway safety, Intermodal transportation, Motor carriers, Motor
vehicle safety, Reporting and recordkeeping requirements.
VII. The Final Rule
For the reasons stated above, FMCSA amends 49 CFR parts 383 and 390
in title 49, Code of Federal Regulations, chapter III, subchapter B, as
follows:
PART 383--COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND
PENALTIES
0
1. The authority citation for part 383 continues to read as follows:
Authority: 49 U.S.C. 521, 31136, 31301 et seq., and 31502; secs.
214 and 215, Pub. L. 106-159, 113 Stat. 1748, 1766, 1767; sec. 4140,
Pub. L. 109-59, 119 Stat. 1144, 1746; and 49 CFR 1.73.
0
2. Amend Sec. 383.5 by revising the definition of ``gross combination
weight rating'' to read as follows:
Sec. 383.5 Definitions.
* * * * *
Gross combination weight rating (GCWR) means the value specified by
the manufacturer as the loaded weight of a combination motor vehicle.
* * * * *
PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL
0
3. The authority citation for part 390 continues to read as follows:
Authority: 49 U.S.C. 504, 508, 31132, 31133, 31136, 31144,
31151, and 31502; sec. 114, Pub. L. 103-311, 108 Stat. 1673, 1677-
1678; secs. 212, 217, and 229, Pub. L. 106-159, 113 Stat. 1748,
1766, 1767; sec. 229, Pub. L. 106-159 (as transferred by sec. 4115
and amended by secs. 4130-4132, Pub. L. 109-59, 119 Stat. 1144,
1726, 1743-1744), sec. 4136, Pub. L. 109-59, 119 Stat. 1144, 1745;
and 49 CFR 1.73.
0
4. Amend Sec. 390.5 by revising the definition of ``gross combination
weight rating'' to read as follows:
Sec. 390.5 Definitions.
* * * * *
Gross combination weight rating (GCWR) means the value specified by
the manufacturer as the loaded weight of a combination motor vehicle.
* * * * *
Issued on: August 16, 2012.
Anne S. Ferro,
Administrator.
[FR Doc. 2012-21017 Filed 8-24-12; 8:45 am]
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