[Federal Register Volume 76, Number 35 (Tuesday, February 22, 2011)]
[Proposed Rules]
[Pages 9717-9721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-3911]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 393

[Docket No. FMCSA-2010-0271]
RIN-2126-AB30


Parts and Accessories Necessary for Safe Operation; Saddle-Mount 
Braking Requirements

AGENCY: Federal Motor Carrier Safety Administration, DOT.

ACTION: Notice of proposed rulemaking; request for comments.

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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) 
proposes to amend the Federal Motor Carrier Safety Regulations (FMCSRs) 
by eliminating the requirement for operational brakes on the last 
saddle-mounted truck or tractor in a triple saddle-mount combination, 
except when a full mount is present. This is in response to a petition 
for rulemaking from the Automobile Carriers Conference (ACC) of the 
American Trucking Associations. Currently, the FMCSRs require 
operational brakes on any wheel of a saddle-mounted vehicle that is in 
contact with the roadway. ACC contends that this requirement degrades 
the braking performance of these combinations because the lightly 
loaded axle of the last vehicle tends to lock up under heavy braking, 
and submitted test results supporting this position.

DATES: Send your comments on or before April 25, 2011.

ADDRESSES: You may submit comments identified by Docket ID Number 
FMCSA-2010-0271 by any of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
online instructions for submitting comments.
    Mail: Docket Management Facility: U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., West Building, Ground 
Floor, Room W12-140, Washington, DC 20590-0001.
    Hand Delivery or Courier: West Building, Ground Floor, Room W12-
140, 1200 New Jersey Avenue, SE., between 9 a.m. and 5 p.m. ET, Monday 
through Friday except Federal holidays.
    Fax: 202-493-2251.
    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: Mr. Brian J. Routhier, Vehicle and 
Roadside Operations Division, Federal Motor Carrier Safety 
Administration, 202-366-1225, or <a href="/cdn-cgi/l/email-protection#7416061d151a5a061b01001c1d110634101b005a131b02"><span class="__cf_email__" data-cfemail="91f3e3f8f0ffbfe3fee4e5f9f8f4e3d1f5fee5bff6fee7">[email protected]</span></a>, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001. Office hours are from 9 
a.m. to 5 p.m. ET, Monday through Friday, except Federal holidays.

[[Page 9718]]


SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Public Participation and Request for Comments
    A. Submitting Comments
    B. Viewing Comments and Documents
    C. Privacy Act
II. Legal Basis for the Rulemaking
III. Background
IV. Agency Analysis
V. Discussion of Proposed Rule
VI. Regulatory Analyses

I. Public Participation and Request for Comments

    FMCSA encourages 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 provide.

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (FMCSA-2010-0271), 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 e-mail 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 
``Proposed Rules,'' insert ``FMCSA 2010-0271'' 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 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.

B. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble, 
available in the docket, 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-2010-0271'' 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. Monday through Friday, except Federal 
holidays.

C. Privacy Act

    Anyone may 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 DOT's complete Privacy Act 
Statement in the Federal Register notice published on April 11, 2000 
(65 FR 19476).

II. Legal Basis for the Rulemaking

    This notice of proposed rulemaking (NPRM) is based on the authority 
of the Motor Carrier Act of 1935 and the Motor Carrier Safety Act of 
1984.
    The Motor Carrier Act of 1935 provides that ``The Secretary of 
Transportation may prescribe requirements for--(1) qualifications and 
maximum hours of service of employees of, and safety of operation and 
equipment of, a motor carrier; and (2) qualifications and maximum hours 
of service of employees of, and standards of equipment of, a motor 
private carrier, when needed to promote safety of operation'' [49 
U.S.C. 31502(b)].
    The braking amendments proposed deal directly with the ``safety of 
operation and equipment of * * * a motor carrier'' [49 U.S.C. 
31502(b)(1)] and ``standards of equipment of * * * a motor private 
carrier'' [49 U.S.C. 31502(b)(2)]. The proposal, adoption, and 
enforcement of such rules were authorized by the Motor Carrier Act of 
1935. This proposal rests squarely on that authority.
    The Motor Carrier Safety Act of 1984 (the 1984 Act) provides 
concurrent authority to regulate drivers, motor carriers, and vehicle 
equipment. It requires the Secretary of Transportation to ``prescribe 
regulations on commercial motor vehicle safety. The regulations shall 
prescribe minimum safety standards for commercial motor vehicles.'' 
Although this authority is very broad, the Act also includes specific 
requirements: ``At a minimum, the regulations shall ensure that--(1) 
commercial motor vehicles are maintained, equipped, loaded, and 
operated safely; (2) the responsibilities imposed on operators of 
commercial motor vehicles do not impair their ability to operate the 
vehicles safely; (3) the physical condition of operators of commercial 
motor vehicles is adequate to enable them to operate the vehicles 
safely * * *; and (4) the operation of commercial motor vehicles does 
not have a deleterious effect on the physical condition of the 
operators'' [49 U.S.C. 31136(a)].
    This proposal is based on the authority of the 1984 Act and 
addresses the specific mandates of 49 U.S.C. 31136(a)(1). Neither Sec.  
31136(a)(2), which deals almost entirely with the operational demands 
placed on drivers, nor Sec.  31136(a)(3), which addresses driver 
physical qualification standards, is covered by this rulemaking. 
Section 31136(a)(4) deals with the effect of driving on driver health, 
a subject this proposal addresses indirectly: brake lockup on saddle-
mount combinations, which the NPRM is intended to prevent, might under 
some circumstances cause the driver to lose control of the commercial 
motor vehicle.
    Before prescribing any regulations, FMCSA must also consider their 
``costs and benefits'' [49 U.S.C. 31136(c)(2)(A) and 31502(d)]. Those 
factors are discussed in the RegulatoryAnalyses section of this 
proposal.

III. Background

    ACC of the American Trucking Associations represents motor carriers 
that transport motor vehicles ranging from automobiles to Class 8 
trucks. ACC states that its members transport more than 96 percent of 
all trucks moved by the saddle-mount method.
    On January 16, 2007, ACC submitted a petition for rulemaking 
requesting that the requirements for operational brakes on the last 
saddle-mounted truck (the fourth truck) in a triple saddle-mount 
combination be eliminated. ACC contends that this requirement actually 
degrades the braking performance of these combinations because the 
lightly loaded axle of the last vehicle tends to lock up under heavy 
braking, potentially increasing stopping distance.
    Stopping distances are specified in the vehicle brake performance 
table at Sec.  393.52(d) of title 49, Code of Federal Regulations, 
which requires many combination vehicles, including triple saddle-
mounts, to be able to stop within 40 feet or less from an initial speed 
of 20 mph. The FMCSRs do not specify

[[Page 9719]]

minimum stopping distances from higher speeds. They do, however, 
specify performance requirements for the emergency brakes, after the 
service braking system has failed. Under the Sec.  393.52(d) emergency 
braking requirements, triple saddle-mounts must be able to stop within 
90 feet or less from a speed of 20 mph. Further, Sec.  393.71(a)(3) 
currently requires operational brakes on any wheel of a saddle-mounted 
vehicle that is in contact with the highway.
    Based on the results of braking tests performed on various triple 
saddle-mount combinations, as described below, ACC requested that FMCSA 
make two regulatory changes: (1) Amend Sec.  393.71(a)(3) to eliminate 
the requirement for operational brakes on the last saddle-mounted truck 
in a triple saddle-mount combination; and (2) amend Sec.  393.71(c)(4) 
to require that a triple saddle-mount with any vehicle full-mounted on 
it have effective brakes acting on those wheels in contact with the 
roadway.
    ACC presented brake performance results from tests conducted by 
Radlinski & Associates, Inc. [RAI] (now known as Link-Radlinski, Inc.) 
in 1996 and 2002 in East Liberty, Ohio, on behalf of the National 
Automobile Transporters Association (NATA), as well as supporting tests 
RAI conducted for ATC Leasing Company (ATC) in 2003. RAI tested a total 
of 24 triple saddle-mount combinations in the two tests conducted for 
NATA and two additional combinations in the ATC test. Braking tests 
were conducted on various saddle-mount combinations, with overall 
lengths ranging from 53 to 96.9 feet, total weights ranging from 37,580 
to 79,380 pounds, and with and without antilock braking systems (ABS) 
on the lead unit. Some of the combinations tested exceeded 75 feet in 
length--the Federal overall length limit then in effect for triple 
saddle-mount combinations--since the RAI tests were conducted in part 
to support increases in the overall length limits for saddle-mount 
combinations. An overview of the tests and corresponding results from 
RAI is presented below, and a copy of each test report is available in 
the docket referenced at the beginning of this document.

1996 Test: ``Braking and Offtracking Tests on Longer Saddlemount 
Driveaway Combinations'' \1\
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    \1\ Radlinski & Associates, Inc., Vehicle Systems Consultants 
(August 1996). ``Braking and Offtracking Tests on Longer Saddlemount 
Driveaway Combinations.'' Test conducted for the National Automobile 
Transporters Association.
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    Stopping distance tests on five triple saddle-mount vehicle 
combinations were conducted at speeds of 20, 40, and 55 mph. Three runs 
were made at each speed, and the results were averaged. In the 20 mph 
stops, the driver was instructed to apply full braking force, but at 
higher speeds he was told to make a ``best effort,'' or modulated 
application, to avoid wheel lockup and skidding. Combinations were 
tested both with all brakes operational and with the brakes on the 
rearmost axle disconnected.
    All five vehicle combinations, both with and without the rearmost 
axle brakes connected, met the Sec.  393.52(d) requirement that 
combinations be able to stop within 40 feet or less from 20 mph. 
Further, in all tests completed at 40 and 55 mph, stopping distance was 
reduced when the rearmost axle brakes were disabled. An exception was 
noted in which a vehicle stopped 1 foot shorter with all brakes 
operational than with rearmost axle brakes disconnected (164 feet 
versus 165 feet, respectively), but RAI did not consider the difference 
(less than 1 percent) significant given the variability in the data.

2002 Test: ``Accident Avoidance Performance of More Productive 
Saddlemount Driveaway Combinations'' \2\
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    \2\ Radlinski & Associates, Inc., Vehicle Systems Consultants 
(January 2002). ``Accident Avoidance Performance of More Productive 
Saddlemount Driveaway Combinations.''
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    Stopping distance tests on 19 triple saddle-mount vehicle 
combinations were conducted from a speed of 20 mph, with a reported 
average of two or three test runs per combination vehicle. In addition, 
emergency brake tests were performed that require combination vehicles 
to be able to stop from 20 mph within 90 feet or less. Three types of 
failures were introduced: front brake circuit failure in the towing 
vehicle, rear brake circuit failure in the towing vehicle, and a failed 
towing line (i.e., the brakes on the towed unit were not operational).
    All 19 triple saddle-mount combinations were tested with the 
rearmost axle brakes connected, and 12 were tested with the rearmost 
axle brakes disabled. In the latter group, all of the units met the 
Sec.  393.52(d) stopping distance requirement of a maximum of 40 feet 
from 20 mph. Five units were then tested for stopping distances from 
both 40 and 55 mph. In all but one case, stopping distance was reduced 
significantly with the brakes on the rearmost unit disabled. The 
exception involved a 4 percent increase in stopping distance with the 
brakes on the last axle disconnected--a difference RAI did not consider 
significant given the variability in the data.
    In the emergency braking tests, 12 combinations were tested in each 
of two failure scenarios: failed front brakes and failed rear brakes. 
Two of the units were also tested with a third failure mode of a failed 
towing control line. All of the vehicles were able to stop within much 
shorter distances than the 90-foot maximum specified in Sec.  
393.52(d).

2003 Test: ``Braking Performance of Saddlemount Driveaway 
Combinations'' \3\
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    \3\ Radlinski & Associates, Inc. Vehicle Systems Consultants 
(May 2003). ``Braking Performance of Saddlemount Driveaway 
Combinations.'' Test conducted for ATC Leasing Company.
---------------------------------------------------------------------------

    Stopping distance tests were conducted on one triple saddle-mount 
combination vehicle from 20, 40, and 55 mph.\4\ Three runs were made at 
each speed, and the results were averaged. In the 20 mph stops, the 
driver was instructed to apply full braking force, but at the higher 
speeds he was directed to make a ``best effort,'' or modulated 
application, to avoid wheel lockup and skidding. The combination was 
tested with all brakes operational, and also with the brakes on the 
rearmost axle in the combination disconnected.
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    \4\ The 2003 test also included a double saddle-mount 
configuration.
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    The triple saddle-mount combination, both with and without the 
rearmost unit braked, was able to stop shorter than the 20 mph service 
brake stopping distance criterion of 40 feet or less in Sec.  
393.52(d). Additionally, in all but one test conducted at 40 and 55 
mph, stopping distance was reduced when the rearmost axle brakes were 
disabled.

IV. Agency Analysis

    These test results demonstrate that triple saddle-mount driveaway 
combinations (1) are able to meet the performance requirements of Sec.  
393.52(d) at various combinations of vehicle weight and length with the 
brakes disconnected on the rearmost towed units (fourth truck), and (2) 
at higher speeds, perform better when there are no brakes on the 
rearmost towed unit. Because the rearmost unit (fourth truck) axle 
weight is less than half the axle weight on the other towed units, 
connecting the brakes on the rearmost axle increases the likelihood of 
premature wheel lockup and loss of control due to skidding, and limits 
the maximum deceleration of the overall combination. Without brakes on 
the rearmost unit, the driver can apply the brakes harder on the lead 
unit and the forward towed units, achieving a higher deceleration. 
Disconnecting the brakes

[[Page 9720]]

on the rearmost unit also reduces the total volume of air that must be 
delivered to the towed vehicles, which in turn reduces brake 
application time and stopping distance.
    In addition, ACC's request to amend the braking requirements for 
triple saddle-mount combinations is based on the same considerations 
FMCSA cited in a final rule that permits motor carriers to disconnect 
the service brakes on unladen converter dollies manufactured on or 
after March 1, 1998.\5\ (70 FR 48008, Aug. 15, 2005). The axle weight 
of an unladen dolly is so low that the wheels lock up under hard 
braking. To ensure stability and control, which are especially critical 
during emergency braking, it is better to disconnect the dolly's 
brakes. Based on testing performed in 1990 at the National Highway 
Traffic Safety Administration's Vehicle Research and Test Center, FMCSA 
stated in its final rule:
---------------------------------------------------------------------------

    \5\ FMCSA noted that with NHTSA's March 10, 1995, final rule on 
ABS (60 FR 13216), the long-term need for this exception for unladen 
converter dollies will diminish. An ABS-equipped converter dolly 
will not have the stability and control problems observed with 
unladen converter dollies not equipped with ABS. Therefore, 
converter dollies manufactured on or after March 1, 1998, the 
effective date of the NHTSA requirement for ABS on converter 
dollies, are not covered by the exception.

    Stability and control during braking is an important 
consideration in determining braking requirements for commercial 
motor vehicles. While stopping distances for a bobtail tractor 
towing an unladen converter dolly could be improved in some 
situations by requiring operable dolly brakes, they could be 
significantly degraded in others. When consideration is given to the 
possibility of the converter dolly swinging out as a result of wheel 
lock up, the FMCSA believes the FMCSRs should be amended to include 
an exception to the requirement for operable brakes on unladen 
---------------------------------------------------------------------------
converter dollies.

    The last unit in a saddle-mount combination has higher axle weights 
than a converter dolly but behaves in much the same way--i.e., the axle 
in contact with the road locks up under heavy braking, reducing 
controllability and increasing the stopping distance of the vehicle.
    As noted previously, ACC requested FMCSA to address this brake-
performance issue by amending both Sec. Sec.  393.71(a)(3) and 
393.71(c)(4). The latter provision requires that if a motor vehicle 
towed by means of a double saddle-mount has any vehicle full-mounted on 
it, the saddle-mounted vehicle must at all times while so loaded have 
effective brakes acting on those wheels that are in contact with the 
roadway. But Sec.  393.71(c)(4) does not currently apply to triple 
saddle-mount combinations having a full-mounted vehicle. In this 
situation, the weight on the rearmost axle will be increased, so the 
brakes on the rearmost unit need to be connected to ensure adequate 
braking capability--unlike the circumstances described earlier in which 
the lightly loaded rear axle tends to skid and lose control due to 
premature wheel lockup.

V. Discussion of Proposed Rule

    Given the potential for increased brake performance efficiencies 
demonstrated in the test results submitted by ACC, FMCSA agrees that 
eliminating the requirement for operational brakes on the last (or 
fourth) saddle-mounted truck or tractor in a triple saddle-mount 
combination would likely produce safety benefits. We also agree that 
when one or more vehicles are full-mounted on a triple saddle-mount 
combination, the FMCSRs should continue to require operative brakes on 
all wheels in contact with the roadway.
    As ACC requested, this proposed rule would amend Sec.  393.71(a)(3) 
to except the last truck or tractor in a triple saddle-mount 
configuration from the requirement to have brakes acting on all wheels 
in contact with the roadway. Further, the proposal would apply to any 
truck tractor being towed as the last truck in a triple saddle-mount 
configuration, regardless of whether it is equipped with ABS (as 
required by Sec.  393.55(c) for truck tractors manufactured on or after 
March 1, 1997). Although Sec.  393.55(c) excepts truck tractors engaged 
in driveaway-towaway operations from the requirement to have ABS, the 
exception is moot for truck tractors built on or after March 1, 1997. 
In saddle-mount towing configurations, these truck tractors have only 
an air line connection between each vehicle, so no power is available 
to operate the antilock sensors and control modules in the towed 
vehicles. The Agency recommends, therefore, that the rearmost axle 
brakes in a triple saddle-mount configuration be disconnected even if 
equipped with ABS.
    This proposal also would broaden the applicability of Sec.  
393.71(c)(4) to include motor vehicles towed by means of a triple 
saddle-mount configuration. Under the proposed regulation, if a motor 
vehicle towed by means of either a double or triple saddle-mount has 
any vehicle full-mounted on it, the saddle-mounted vehicle would be 
required at all times to have effective brakes acting on those wheels 
in contact with the roadway.
    In addition, the proposed rule would revise Sec.  393.42 to read, 
``Any combination of motor vehicles with one or two saddle-mounts.'' 
This effectively excepts triple saddle-mount combinations in driveaway-
towaway operations from the requirement to have brakes acting on all 
wheels. These proposed changes are consistent with the Agency's mission 
of increasing highway safety.

VI. Regulatory Analyses

Executive Order 12866 (Regulatory Planning and Review)

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
and does not require an assessment of potential costs and benefits 
under section 6(a)(3) of that Order. The Agency does not believe 
implementing this proposed rule would create new costs or cause an 
adverse economic impact on the industry or the public. Therefore, a 
full regulatory evaluation is unnecessary.
    FMCSA anticipates that this rule could result in several benefits, 
chief among them the increased safety performance of triple saddle-
mount combination CMVs. By improving the braking performance of these 
CMVs, the proposed rule could reduce the number of crashes in which 
they are involved. This improved braking ability would also increase 
the mechanical integrity of these CMVs, providing an ancillary safety 
benefit.
    Tests conducted by Radlinski & Associates, Inc. (now known as Link-
Radlinski, Inc.) in 1996, 2002, and 2003, discussed in the Background 
section of this document, support the argument that disconnecting the 
rearmost axle brakes of triple saddle-mount combination CMVs improves 
their braking performance. FMCSA does not have quantifiable data, 
however, that would allow for an estimation of the number of CMV 
crashes this change in practice would prevent, and cannot quantify this 
potential benefit.
    This proposed rule would also reduce regulatory burden on motor 
carriers by eliminating the requirement to connect the rearmost axle 
brakes on triple saddle-mount CMVs. As with any proposed elimination of 
an existing regulation, reducing regulatory burden on motor carriers 
has the potential to lower associated compliance costs. These cost 
savings are, however, likely to be modest because the proposed rule 
simply amends a practice that is not particularly laborious or time-
consuming.

[[Page 9721]]

    In addition, FMCSA does not expect that this proposed rule would 
impose costs upon affected motor carriers, because the elimination of 
the current requirement would not require motor carriers to purchase 
new equipment, parts, or accessories or to modify or alter existing 
equipment or vehicles.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
Federal agencies to determine whether proposed rules could have a 
significant economic impact on a substantial number of small entities. 
The Agency's economic assessment demonstrates that the proposed rule 
will yield minor benefits while imposing no new costs. Consequently, I 
certify that this proposed action would not have a significant economic 
impact on a substantial number of small entities.

Unfunded Mandates Reform Act of 1995

    This rulemaking does 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 $140.8 
million (which is the value of $100 million in 2009 after adjusting for 
inflation) or more in any 1 year.

Executive Order 12988 (Civil Justice Reform)

    This proposed action 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.

Executive Order 13045 (Protection of Children)

    FMCSA analyzed this proposed action under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. We determined that this rulemaking does not pose an 
environmental risk to health or safety that may disproportionately 
affect children.

Executive Order 12630 (Taking of Private Property)

    This rulemaking does not effect a taking of private property or 
otherwise have takings implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Executive Order 13132 (Federalism)

    A rulemaking has implications for Federalism under Executive Order 
13132, Federalism, 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 them. FMCSA analyzed this 
proposed action in accordance with Executive Order 13132. The proposal 
would not have a substantial direct effect on States, nor would it 
limit the policymaking discretion of States. Nothing in this document 
preempts any State law or regulation.

Executive Order 12372 (Intergovernmental Review)

    The regulations implementing Executive Order 12372 regarding 
intergovernmental consultation on Federal programs and activities do 
not apply to this action.

Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires 
that FMCSA consider the impact of paperwork and other information 
collection burdens imposed on the public. We determined that no new 
information collection requirements are associated with this proposed 
rule.

National Environmental Policy Act

    FMCSA analyzed this NPRM for the purpose of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 
determined under our environmental procedures Order 5610.1, issued 
March 1, 2004 (69 FR 9680), that this proposed action has the potential 
to produce a very small benefit to the environment if any reduction in 
crashes is realized. Therefore, this NPRM is categorically excluded 
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 Categorical Exclusion under paragraph 6(bb) 
relates to regulations concerning vehicle operation safety standards 
that would apply to how these vehicles are operated. The Categorical 
Exclusion determination is available for inspection or copying in the 
Regulations.gov Web site listed under ADDRESSES.
    We 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.

Executive Order 13211 (Energy Effects)

    FMCSA analyzed this action under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We determined that it is not a ``significant 
energy action'' under that Executive Order because it is not 
economically significant and is not likely to have an adverse effect on 
the supply, distribution, or use of energy.

List of Subjects in 49 CFR Part 393

    Highways and roads, Motor carriers, Motor vehicle equipment, Motor 
vehicle safety.

    In consideration of the foregoing, FMCSA proposes to amend title 
49, Code of Federal Regulations, subchapter B, chapter III, as follows:

PART 393 [AMENDED]

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

    Authority: 49 U.S.C. 322, 31136, 31151, and 31502; Sec. 1041(b) 
of Pub. L. 102-240, 105 Stat. 1914, 1993 (1991); and 49 CFR 1.73.

    2. Amend Sec.  393.42 by revising paragraph (b)(2)(ii) to read as 
follows:


Sec.  393.42  Brakes required on all wheels.

* * * * *
    (b) * * *
    (2) * * *
    (ii) Any combination of motor vehicles utilizing one or two saddle-
mounts.
* * * * *
    3. Amend Sec.  393.71 by revising paragraphs (a)(3) and (c)(4) to 
read as follows:


Sec.  393.71  Coupling Devices and towing methods, driveaway-towaway 
operations.

    (a) * * *
    (3) When motor vehicles are towed by means of triple saddle-mounts, 
all but the final towed vehicle must have brakes acting on all wheels 
in contact with the roadway.
* * * * *
    (c) * * *
    (4) If a motor vehicle towed by means of a double or triple saddle-
mount has any vehicle full-mounted on it, such saddle-mounted vehicle 
must at all times while so loaded have effective brakes acting on all 
wheels in contact with the roadway.
* * * * *

    Issued on: February 11, 2011.
Anne S. Ferro,
Administrator.
[FR Doc. 2011-3911 Filed 2-18-11; 8:45 am]
BILLING CODE 4910-EX-P


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