70218 Federal Register / Vol. 65, No. 225 / Tuesday, November 21, 2000 / Rules and Regulations

1The Motor Carrier Safety Improvement Act of

1999 (MCSIA) (Pub. L. 106–159, 113 Stat. 1748, at

1750) established the FMCSA in the Department of

Transportation. Rulemaking, enforcement, and

other activities of the Office of Motor Carriers while

part of the Federal Highway Administration, and

briefly while operating indepdently of the FHWA

as the Office of Motor Carrier Safety, are now the

responsibility of the FMCSA.

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety

Administration

49 CFR Part 393

[Docket No. FMCSA–97–2341]

RIN 2126–AA65 [Formerly FHWA RIN 2125–

AD41]

Parts and Accessories Necessary for

Safe Operation; Manufactured Home

Tires

AGENCY: Federal Motor Carrier Safety

Administration (FMCSA), DOT.

ACTION: Final rule.

SUMMARY: The FMCSA delays the

termination date of the rule allowing the

overloading of certain tires. Currently,

tires used for the transportation of

manufactured homes may be loaded up

to 18 percent over the load rating

marked on the sidewall of the tires, or

in the absence of such a marking, 18

percent above the load rating specified

in publications of certain organizations

specializing in tires. The regulatory

language allowing this overloading is

scheduled to expire November 20, 2000,

unless extended by mutual consent of

the FMCSA and the Department of

Housing and Urban Development

(HUD). The delay of the termination

date will enable motor carriers

transporting manufactured homes to

continue loading tires up to 18 percent

above the load rating until December 31,

2001. In a separate document published

elsewhere in today’s Federal Register,

HUD is taking the necessary action to

delay its requirements for builders of

manufactured homes. This action is in

response to a petition for rulemaking

from the Manufactured Housing

Institute (MHI).

DATES: This rule is effective as of

November 14, 2000.

ADDRESSES: You may submit written,

signed comments, including the docket

number that appears in the heading of

this document, to the Docket Clerk, U.S.

DOT Dockets, Room PL–401, 400

Seventh Street, SW., Washington, DC

20590–0001, or submit electronically at

http://dmses.dot.gov/submit. All

comments received will be available for

examination at the above address from

9 a.m. to 5 p.m., e.t., Monday through

Friday, except Federal holidays. If you

want to be notified that we received

your comments, you must include a

self-addressed, stamped envelope or

postcard.

FOR FURTHER INFORMATION CONTACT: Mr.

Larry W. Minor, Office of Bus and Truck

Standards and Operations, MC–PSV,

(202) 366–1790; or Mr. Charles E.

Medalen, Office of the Chief Counsel,

MC–CC, (202) 366–1354, Federal Motor

Carrier Safety Administration, 400

Seventh Street, SW., Washington, DC

20590–0001. Office hours are from 7:45

a.m. to 4:15 p.m., e.t., Monday through

Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

You can access this document and all

documents referenced in it by using the

universal resource locator (URL): http:/

/dms.dot.gov. It is available 24 hours

each day, 365 days each year. Please

follow the instructions online for more

information and help.

Background

On February 18, 1998, the Federal

Highway Administration (FHWA) 1 and

the Department of Housing and Urban

Development (HUD) jointly published a

final rule amending, respectively, the

Federal Motor Carrier Safety

Regulations (FMCSRs) and an

interpretation of the Manufactured

Home Construction and Safety

Standards (see 63 FR 8330). The FHWA

and HUD reduced the amount of tire

overloading allowed (at the time up to

50 percent above the tire manufacturer’s

load rating) on tires used to transport

manufactured homes. As a result of the

rulemaking, the maximum amount of

loading on a manufactured home tire

was reduced so that it cannot exceed the

tire manufacturer’s load rating by more

than 18 percent. Manufactured homes

transported on tires overloaded by 9

percent or more may not be operated at

speeds exceeding 80 kilometers per

hour (km/hr) (50 mph). The final rule

allowed 18-percent tire overloading for

a two-year period. The two-year period

began on November 16, 1998, the

effective date of the final rule, and will

end on November 20, 2000.

In publishing the final rule and

interpretative bulletin, the agencies

indicated there was sufficient data to

support the premise that overloading

tires may be potentially unsafe. The

agencies also indicated that unless both

of them were persuaded by the end of

the 2-year period that 18 percent

overloading does not pose a risk to the

traveling public, or have an adverse

impact on safety or the ability of motor

carriers to transport manufactured

homes, any overloading of tires beyond

their design capacity would be

prohibited after November 20, 2000.

MHI’s Petition for Rulemaking

On August 7, 2000, the MHI filed a

petition for rulemaking with the FMCSA

and HUD to initiate a joint rulemaking

to amend the agencies’ rules to enable

the manufactured home industry to

continue to exceed the tire

manufacturer’s load rating by up to 18

percent, indefinitely. The MHI

requested the following: (1) That the

FMCSA amend 49 CFR 393.75(g), and

(2) that HUD revise Interpretative

Bulletin J–1–76 to 24 CFR 3280. The

MHI recognized that it would be

difficult, if not impossible, for the

FMCSA and HUD to act on the petition

and, if granted, complete the rulemaking

before November 20, 2000. Therefore,

the MHI also petitioned the FMCSA and

HUD to provide interim regulatory relief

from the November 20, 2000, deadline

until the agencies could act on the

petition. A copy of the MHI’s petition

for rulemaking is included in the docket

referenced at the top of this document.

The MHI indicated that during the

first 18 months of the two-year period

in which 18-percent overloading was

allowed, it sponsored studies of the

safety risk associated with tire

overloading. This work included a study

of the movement of manufactured

homes under actual operating

conditions and a survey of principal

manufacturers, transporters, and

suppliers. The study involved observing

and recording the results of 503

shipments of manufactured homes

during a 12-month period from June

1999 through June 2000. The MHI

believes the results of the study

demonstrate that tire performance

improved when the industry operated

under the 18-percent overloading rule.

The MHI indicated that of the 3,708

tires used on the 503 manufactured

home sections transported, there were

81 tire failures (a 2.2 percent tire failure

rate). Only a fraction of these failures

were attributed, in whole or in part, to

the tires being overloaded. Of the 81 tire

failures, 62 (76.5 percent) involved used

tires indicating that ‘‘repeated usage’’ of

tires may be more of a factor in the tire

failure rate than tire overloading. The

MHI believes the 2.2 percent tire failure

rate represents a significant

improvement given the estimated eight

percent tire failure rate the FHWA and

HUD presented in the April 23, 1996,

notice of proposed rulemaking to

establish the current tire loading rule

(61 FR 18014). None of the 81 tire

failures resulted in an accident causing

Federal Register / Vol. 65, No. 225 / Tuesday, November 21, 2000 / Rules and Regulations 70219

damage to a manufactured home, other

property, or personal injury. The 81 tire

failures occurred on 61 of the 503

sections transported. The MHI stated:

The dramatic decrease in tire failures

attributable, in whole or in part, to tire overloading beyond tire load ratings and the total

absence of any accidents resulting in damage

to the manufactured home, other property, or

personal injury, based upon a representative

sampling of manufactured homes transported

throughout the country, demonstrates the

lack of any safety risk associated with the

permanent removal of the November 20, 2000

‘‘sunset’’ date for the 118% Rule.

Delay of Termination Date

The FMCSA has met with officials

from HUD to discuss the MHI’s request.

Both agencies believe that MHI’s

petition and its supporting

documentation warrant a thorough

review, but neither is able to complete

an analysis before November 20, 2000,

the termination date established by the

1998 final rule. The MHI reported that

the tire failures observed during its data

collection effort caused no property

damage or personal injury. The FMCSA

and HUD have no information from

other sources about accidents involving

the transportation of manufactured

homes equipped with overloaded tires.

The FMCSA is therefore delaying the

termination date of 49 CFR 393.75(g)—

which allows 18 percent overloading of

tires used to transport manufactured

homes—from November 20, 2000, to

December 31, 2001, to enable the

FMCSA and HUD to review carefully

the statistical data submitted by the

MHI. If the two agencies decide that up

to 18 percent should be made

permanent, the FMCSA will issue a

notice of proposed rulemaking (NPRM)

and ask for public comment. In a

separate document published elsewhere

in today’s Federal Register, HUD has

taken action to extend authority for

builders of manufactured homes to use

axle and tire configurations permitted

under the 18-percent rule.

Rulemaking Analysis and Notices

Under the Administrative Procedure

Act (APA) (5 U.S.C. 553(b)), an agency

may waive the normal notice and

comment requirements if it finds, for

good cause, that they are impracticable,

unnecessary, or contrary to the public

interest.

In this case, notice and comment are

impracticable and unnecessary. Because

the MHI submitted its petition and data

so late that the FMCSA and HUD were

unable to perform a comprehensive

review and analysis before the

expiration of the 18 percent overloading

rule on November 20, 2000, the FMCSA

had determined that notice and

comment rulemaking to evaluate the

data and then extend the overloading

rule would be impracticable. Notice and

comment is also unnecessary since the

delay does not change the substance of

49 CFR 393.75(g), and the available

information suggests that the failure rate

of tires used to transport manufactured

homes has declined in the last two

years; the failures that have occurred are

not known to have caused accidents or

injuries. The delay of the overloading

rule to December 31, 2001, allows the

agency to consider the data and request

submitted by the MHI in a more orderly

and thorough manner, without forcing

the industry to make significant changes

in their operations before we complete

that process. Therefore, the FMCSA

finds good cause under 5 U.S.C. 553(b)

to dispense with prior notice and an

opportunity to comment.

For the same reasons, the FMCSA

finds, pursuant to 5 U.S.C. 553(d)(3),

that there is good cause for making the

final rule effective upon issuance.

Because the tire overloading prohibition

in § 393.75(g) becomes effective on

November 20, 2000, the final rule must

be effective on or before that date. The

delay will remain in effect until

December 31, 2001.

Executive Order 12866 (Regulatory

Planning and Review) and DOT

Regulatory Policies and Procedures

The FMCSA has determined that this

action is not a significant regulatory

action within the meaning of Executive

Order 12866 or within the meaning of

Department of Transportation regulatory

policies and procedures. The final rule

delays the termination date of

§ 393.75(g) until December 31, 2001,

retaining the current rules concerning

tire loading restrictions applicable to the

interstate transportation of

manufactured homes. Although the

1998 final rule establishing the current

requirements was a significant

regulatory action under section 3(f) of

Executive Order 12866, the Office of

Management and Budget (OMB) does

not consider this partial delay of the

final rule as a significant action. Thus,

the Office of the Secretary of

Transportation and OMB have

concurred in the FMSCA’s finding that

this final rule is nonsignificant and they

have declined review of this document.

Regulatory Flexibility Act

This action will not have a significant

economic impact on a substantial

number of small entities under the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.) and 1996 amendments (enacted

as chapter 8 of title 5, U.S. Code)

because the original requirements did

not have a significant effect on a

substantial number of small entities,

and this delay does not change those

requirements. Any future regulatory

action on this issue will address any

economic impacts, including impact on

small businesses.

Executive Order 13132 (Federalism)

This action has been analyzed in

accordance with the principles and

criteria contained in Executive Order

13132 dated August 4, 1999, and the

FMCSA has determined that the action

does not have a substantial direct effect

on the States or federalism implications

that would significantly limit the

policymaking discretion of the States.

Nothing in this document directly

preempts any State law or regulation,

though States that accept Motor Carrier

Safety Assistance Program (MCSAP)

funds are required to adopt compatible

motor carrier safety regulations

applicable to intrastate commerce,

including rules compatible with those

in 49 CFR Part 393. This action will not

have a significant effect on the States’

ability to execute traditional

governmental functions.

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 do not apply to this program.

Unfunded Mandates Reform Act of

1995

This rule 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 $100 million

or more in any one year.

Paperwork Reduction Act of 1995

Under the Paperwork Reduction Act

of 1995 (PRA) (44 U.S.C. 3501, et seq.),

Federal agencies must obtain approval

from the Office of Management and

Budget (OMB) for each collection of

information they conduct, sponsor, or

require through regulations. The

FMCSA has determined that this action

does not affect any requirements under

the PRA.

National Environmental Policy Act

The agency has analyzed this action

for the purpose of the National

Environmental Policy Act of 1969, as

amended (42 U.S.C. 4321 et. seq.) and

70220 Federal Register / Vol. 65, No. 225 / Tuesday, November 21, 2000 / Rules and Regulations

has determined that this action would

not have any effect on the quality of the

environment.

Executive Order 12988 (Civil Justice

Reform)

This 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)

We have analyzed this action under

Executive Order 13045, Protection of

Children from Environmental Health

Risks and Safety Risks. This rule is not

economically significant and does not

concern an environmental risk to health

or safety that may disproportionately

affect children.

Executive Order 12630 (Taking of

Private Property)

This rule will not effect a taking of

private property or otherwise have

taking implications under Executive

Order 12630, Governmental Actions and

Interference with Constitutionally

Protected Property Rights.

List of Subjects in 49 CFR Part 393

Highway safety, Highways and roads,

Motor carriers, Motor vehicle safety.

For the reasons discussed in the

preamble, the FMCSA amends title 49,

Code of Federal Regulations, chapter III,

part 393 as follows:

PART 393—[AMENDED]

1. The authority citation for part 393

is revised to read as follows:

Authority: Sec. 1041(b) of Pub. L. 102–240,

105 Stat. 1914, 1993 (1991); 49 U.S.C. 31136

and 31502; 49 CFR 1.73.

2. Amend § 393.75 to revise paragraph

(g) to read as follows:

§ 393.75 Tires.

* * * * *

(g) Tire loading restrictions for

manufactured homes. Tires used for the

transportation of manufactured homes

(i.e., tires marked or labeled 7–14.5MH

and 8–14.5MH) may be loaded up to 18

percent over the load rating marked on

the sidewall of the tire or, in the absence

of such a marking, 18 percent over the

load rating specified in any of the

publications of any of the organizations

listed in FMVSS No. 119 (49 CFR

571.119, S5.1(b)). Manufactured homes

which are labeled (24 CFR 3282.7(r)) on

or after November 16, 1998, must

comply with this requirement.

Manufactured homes transported on

tires overloaded by 9 percent or more

must not be operated at speeds

exceeding 80 km/hr (50 mph). This

provision will expire on December 31,

2001, unless extended by mutual

consent of the Federal Motor Carrier

Safety Administration and the

Department of Housing and Urban

Development after review of appropriate

tests or other data submitted by the

industry or other interested parties.

Issued on: November 14, 2000.

Julie Anna Cirillo,

Acting Assistant Administrator.

[FR Doc. 00–29751 Filed 11–17–00; 9:53 am]

BILLING CODE 4910–EX–P