67690 Federal Register / Vol. 66, No. 250 / Monday, December 31, 2001 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety

Administration

49 CFR Part 393

[Docket No. FMCSA–97–2341]

Parts and Accessories Necessary for

Safe Operation; Manufactured Home

Tires

AGENCY: Federal Motor Carrier Safety

Administration (FMCSA), DOT.

ACTION: Final rule; denial of petitions for

rulemaking and for extension of

deadline.

SUMMARY: The FMCSA is amending its

tire regulation to reflect the expiration

of a provision allowing the overloading

of tires used for the transportation of

manufactured homes. The agency is also

denying petitions from the

Manufactured Housing Institute (MHI)

for rulemaking and for an extension of

the expiration date of the overloading

provision, and from Multinational Legal

Services, PLLC (Multinational Legal

Services), for rescission of an earlier

extension of the expiration date.

Currently, tires used in 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 rule was scheduled to

expire—thus prohibiting tire

overloading—on November 21, 2000,

unless extended by joint agreement of

FMCSA and the Department of Housing

and Urban Development (HUD). The

expiration date was delayed until

December 31, 2001, to give the agency

enough time to complete its review of

the MHI’s petition to allow 18-percent

overloading on a permanent basis.

Denial of all petitions means motor

carriers are prohibited from transporting

manufactured homes built on or after

January 1, 2002, in interstate commerce

on overloaded tires.

DATES: The effective date for this final

rule is December 31, 2001.

FOR FURTHER INFORMATION CONTACT: Mr.

Larry W. Minor, Office of Bus and Truck

Standards and Operations, MC–PSV,

(202) 366–4009, Federal Motor Carrier

Safety Administration, 400 Seventh

Street, SW., Washington, DC 20590–

0001.

SUPPLEMENTARY INFORMATION:

Background

On February 18, 1998, the Federal

Highway Administration (FHWA) 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 actions 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 could not exceed the

manufacturer’s load rating by more than

18 percent. Manufactured homes

transported on tires overloaded by 9

percent or more could not be operated

at speeds exceeding 80 kilometers per

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

allowed 18-percent overloading for a

two-year period. The two-year period

began on November 16, 1998, the

effective date of the final rule, and was

scheduled to 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 two-year period that 18-percent

overloading did 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.

MHI 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 concerning

manufactured home tires 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 that (1) the FMCSA amend 49

CFR 393.75(g); and (2) HUD revise

Interpretative Bulletin J–1–76 to 24 CFR

part 3260. 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 acted on the petition

for rulemaking. A copy of the MHI’s

petition for rulemaking and request for

an exemption are included in the docket

referenced at the top of this document.

FMCSA and HUD Preliminary

Responses to the MHI Petition

On November 21, 2000, the FMCSA

published a final rule delaying the

termination date of the rule allowing

overloading of manufactured home tires

(65 FR 70218). The FMCSA indicated

that it had met with officials from HUD

to discuss the MHI’s request. Both

agencies believed that MHI’s petition

and its supporting documentation

warranted a thorough review, but

because relevant staff were otherwise

committed, neither was able to complete

such an analysis before November 20,

2000, the termination date established

by the 1998 final rule. On November 21,

2000, HUD amended Interpretative

Bulletin J–1–76 to remove a paragraph

that referenced the November 20, 2000,

termination date.

Multinational Legal Services Petition

On January 16, 2001, Multinational

Legal Services filed a petition with the

FMCSA and HUD requesting that the

FMCSA and HUD rescind their

regulatory actions relating to

overloading of manufactured home tires.

A copy of Multinational Legal Services’

petition is included in the docket

referenced at the beginning of this

document. Multinational Legal Services

argued that the FMCSA and HUD

actions delaying the termination date

are contrary to both Federal law and the

public interest. Multinational Legal

Services claimed that the FMCSA

violated 5 U.S.C. 553(b) by publishing

the final rule without prior notice and

request for public comment. It said the

agencies could have requested public

comment when the MHI submitted its

preliminary data on July 7, 2000.

Multinational Legal Services argued that

the ‘‘good cause’’ exception to the

requirement for requesting public

comment prior to issuing a final rule

should not apply in this case.

In addition, Multinational Legal

Services asserted that the delay in the

termination date was issued in violation

of the National Technology Transfer and

Advancement Act of 1995 (Pub. L. 104–

113, 110 Stat. 775) which requires that

Federal agencies use standards

established by voluntary consensus

standards organizations unless the

adoption of the voluntary standards

would be impractical or inconsistent

with law.

Federal Register / Vol. 66, No. 250 / Monday, December 31, 2001 / Rules and Regulations 67691

FMCSA Notice of Intent To Deny the

Petitions for Rulemaking

On April 20, 2001 (66 FR 20345), the

FMCSA published a notice announcing

the agency’s intent to deny MHI’s and

Multinational Legal Services’ petitions

for rulemaking. The agency explained

that the data submitted by MHI in

August, 2000, did not provide an

adequate basis on which to allow

continued 18-percent overloading of

tires. FMCSA requested comments from

all interested parties, and encouraged

commenters to discuss any of the

specific issues mentioned in the notice,

as well as other issues they believed to

be relevant.

Discussion of Comments

The FMCSA received eight comments

in response to its notice of intent to

deny the petitions. The commenters

were: the California Manufactured

Housing Institute; Fleetwood

Enterprises, Inc. (Fleetwood); Greenball

Corporation (Greenball); the

Manufactured Housing Institute (MHI);

Mobile Home Materials, Inc.;

Multinational Business Services, Inc.

(Multinational Business Services); the

Oregon Manufactured Housing

Association; and TJT, Inc.

The California Manufactured Housing

Institute, Fleetwood, MHI, the Oregon

Manufactured Housing Association, and

TJT, Inc. opposed the FMCSA’s

proposal to deny MHI’s petition to allow

overloading of tires on a permanent

basis. Greenball, Mobile Home

Materials, and Multinational Business

Services supported the FMCSA’s

proposal. A discussion of the major

issues raised by the commenters appears

below, followed by the FMCSA’s

response.

Comments Opposed to FMCSA’s

Proposal

TJT, Inc. indicated that it supported

the February 18, 1998 final rule that

established a schedule for phasing out

the practice of overloading of tires used

in the transportation of manufactured

homes. However, TJT believes that

MHI’s data concerning tire failure rates

justify a rule to allow 18 percent

overloading on a permanent basis.

We believe that the imposition of this rule

revision was necessary and well thought out,

and implementation has been relatively

uneventful. However, it would seem that we

have now reached the point of rapidly

diminishing return[s]. If this rule is allowed

to ‘‘sunset,’’ and allowable tire loading is

further reduced to 100 percent of the

sidewall rating, transport of the homes would

require either the use of an ‘‘F’’ rated tire,

which is substantially more expensive and

currently unavailable in quantity, or the

addition of more axles. Many home sections

currently use five and six axles to meet the

tire loading requirements. Addition of even

more axles would severely impact the ability

to turn the unit, and would place greater

strain on all of the running gear components

when turning, increasing the potential for

failure. Reducing the length of each section

and increasing the number of sections is an

option that, while making it possible to meet

further load restrictions safely, would greatly

add to the cost.

TJT believes the 18-percent

overloading currently allowed is

achieving the desired result of reduced

tire failure and the accompanying

benefits of lessened traffic obstruction,

transporter downtime, and transit

damage. TJT states:

To further restrict tire loading would be

counter productive, in that any further

potential reductions in tire failure would be

minimal, and offset by major cost

implications and the possible creation of

additional safety risks. The rule, as it

currently exists should be extended

indefinitely or made permanent.

MHI argues that FMCSA’s

observations and conclusions ‘‘gloss

over’’ the existence and the significance

of the data MHI presented with its

petition. MHI stated:

By focusing just upon the data gleaned

from the study of the 53 shipments, showing

individual wheel weights and possible

causes of tire failure, FMCSA suggests the

existence of a correlation between tire

overloading and tire failure and, more

importantly, between tire overloading and

unreasonable risks to the traveling public and

the safe transportation of the manufactured

homes. MHI has never accepted the validity

of either correlation. The litmus test is

whether tire failures that manufactured

housing transporters have experienced have

resulted in accidents involving property

damage or personal injury. Only if they have

is there a need to engage in the second

inquiry, whether the tire failures causing the

accidents are the result of tire overloading.

MHI believes that the FMCSA was

unrealistic to have expected them to

‘‘scientifically authenticate’’ the

percentage of tire failures attributable to

18-percent overloading. MHI also argues

that FMCSA does not address the

potential effects that denial of the

petition would have on the

manufactured housing industry. They

believe the potential effects are material

and stem from denying the petition

without allowing sufficient time for a

transition to upgraded tires.

Comments in Support of FMCSA’s

Proposal

Mobile Home Materials believed the

FMCSA should not allow overloading of

tires and that the new tires necessary to

comply with the prohibition on

overloading would be available in

sufficient quantity. Mobile Home

Materials stated:

With regard to availability of the 8–14.5

F12 (2,790 lbs carry capacity) or equivalent

tire: This tire is made from the same molds

as the 8–14.5 E10 tire. This was not the case

for the change from 7–14.5 D8 to 8–14.5 E10

tires in 1998. There is adequate capacity for

there to be no disruption in supply to the

industry for a January 1, 2002

implementation date if you issue a final

ruling by August 2001. The additional cost to

the industry will be significantly less than

the change from the 50 percent overload to

the current [18-percent] overload.

Greenball stated:

We are supporting the denial of the

petitions concerning the overloading of

mobile home tires of 118 [percent]. We have

developed a tire for the industry that has a

load carrying capacity of 3070 lbs at normal

highway speeds. This tire is the same size as

the industry is currently using but in a LRG

rating. We feel this tire will perform to the

standards set forth and will thus eliminate

the need to overload the units as is now

being done.

FMCSA Response to Comments

MHI Petition

The FMCSA has carefully considered

the views of the commenters in favor of

MHI’s petition but continues to believe

that there is no basis for allowing the

manufactured home industry to

continue its practice of overloading

tires. None of the commenters’

arguments negate the fact that exceeding

tire manufacturers’ load ratings reduces

significantly the margin of safety

between the maximum load that the

tires are designed to support under

normal circumstances (e.g., normal

inflation pressures, operating speeds

and temperatures, etc.), and the

maximum load the tires can withstand

before they fail. There is no technical

reason for allowing such operating

practices when tires of greater load

carrying capacity could be purchased by

the producers of manufactured homes,

but would not be purchased by most of

these producers until the Federal

government mandates the use of such

tires.

As for MHI’s argument that FMCSA

had unrealistic expectations about the

data submitted with their petition, we

never indicated that we were in search

of scientifically flawless data. We

recognize the realities of data collection

and analysis in the real world in

general, and in the transportation

industry in particular. However, data

should be of such quality and quantity

that a statistically meaningful analysis

could be conducted. This was not the

case for the data submitted by MHI.

As we indicated in our notice of

intent to deny MHI’s petition, data from

67692 Federal Register / Vol. 66, No. 250 / Monday, December 31, 2001 / Rules and Regulations

the industry indicates that in 1999, the

manufactured housing industry shipped

122,926 single-section and 225,745

multi-section homes for a total of

582,498 sections transported. However,

the MHI provided data concerning onthe-road performance, including the

amount of tire loading, for only 53

shipments of manufactured homes.

Therefore, any inferences made from

MHI’s data would be based on a sample

size of approximately 0.0091 percent

[100 x (53/582,498)] of all shipments

transported in 1999. The agency

continues to believe this sample size is

entirely too small to make any valid

judgment about the on-the-road

performance of tires overloaded by 18

percent.

Some commenters supported

continued tire overloading because they

claimed it has not been shown to

contribute to accidents, injuries, or

fatalities. The lack of such evidence is

not surprising—the causes of accidents

are often hard to determine—but the

absence of accident data does not, in

and of itself, serve as proof that there

have not been accidents attributable in

whole, or in part, to tire overloading.

FMCSA does not believe that regulatory

action should necessarily be foreclosed

by the lack of specific accidentcausation data. Tire failures can and do

lead to secondary accidents by blocking

part of the roadway or shoulder,

disrupting traffic flow, or even creating

the conditions for a severe crash if an

inattentive driver fails to recognize that

a vehicle just ahead has slowed

dramatically or stopped. There is no

reason to believe that tire failures on

manufactured homes could not cause

similar events. The agency’s mission is

to prevent or reduce accidents.

Regularly loading tires beyond the

maximum weight limit designated by

the manufacturer is almost by definition

a likely cause of tire failure. And a

reduction in tire failures—whatever the

cause of those failures—is likely to

prevent accidents in the long run.

The April 23, 1996, notice of

proposed rulemaking requested public

comments concerning the costs and

benefits associated with the rule to end

the practice of overloading tires used in

the transportation of manufactured

homes (61 FR 18014). The comments

were considered and appropriate

revisions to the estimates were included

in the preamble for the February 18,

1998, final rule setting conditions for

phasing out the overloading of tires. The

analysis demonstrated that the benefits

of the rule exceed the costs (see 63 FR

8330). Neither the MHI nor any of the

other commenters responding to the

April 20, 2001, notice of intent provided

a detailed analysis to refute the analysis

presented in the preamble of the final

rule, or identified deficiencies in the

methodology used to generate the

estimates.

Some of the commenters suggested

that the industry needed at least six

months’ warning of any final decision to

prohibit tire overloading. FMCSA

announced its preliminary intent to do

so on April 20, 2001, and explained its

reasoning in detail. FMCSA encouraged

commenters to ‘‘discuss any of the

specific issues mentioned’’ in that

document and said that ‘‘[d]epending on

the comments received, the agency will

issue a notice denying the MHI’s and

Multinational’s petitions.’’ While the

notice of intent to deny MHI’s petition

was not a definitive response to the

petition, it was a clear indication that

we did not intend to initiate a

rulemaking to allow tire overloading

after the December 31, 2001, expiration

date unless the industry could present

evidence clearly demonstrating the

safety of 18-percent overloading or

arguments casting significant doubt

upon the agency’s reasoning.

Multinational Legal Services’ Petition

To Rescind the November 21, 2000,

Final Rule

With regard to Multinational Legal

Services’ petition to rescind the

November 21, 2000, final rule extending

the deadline for compliance with the

prohibition on tire overloading, none of

the commenters discussed the issues

raised in that petition.

We continue to believe that the period

between MHI’s submission of its August

7, 2000, petition for rulemaking, and the

November 20, 2000, expiration date for

the overloading provision was not long

enough to allow the agency, occupied

with a wide variety of prior

commitments, to prepare a notice that

discussed the issues in meaningful

detail, review the public comments

submitted, and issue a final decision.

Our actions were necessary and

consistent with the requirements of the

Administrative Procedure Act given the

impracticability of publishing a notice

requesting public comments on the MHI

petition prior to the expiration date.

We also continue to believe that our

actions concerning overloaded tires are

not inconsistent with the National

Technology Transfer and Advancement

Act of 1995, or the Office of

Management and Budget’s Circular No.

A–119, which provides executive

direction to Federal agencies in

implementing the statutory

requirements. We did not establish a

government-unique standard for the

design of manufactured home tires, or a

government-unique standard concerning

the use of such tires. Furthermore, our

actions did not ignore a private sector

‘‘consensus standard’’ as defined in

OMB’s Circular No. A–119.

We carefully examined the Tire and

Rim Association’s ‘‘Year Book’’—the

only private-sector publication that

appears to be relevant to the current

debate—and determined that it is not a

consensus standard applicable to

overloaded manufactured home tires.

The Tire and Rim Association

publication provides information on

interchangeability standards for tires

and rims—the ability to replace

components, parts, or equipment of one

manufacturer with those of another,

without losing function or suitability.

Furthermore, the organization

disclaimed all responsibility or

involvement with respect to the use or

performance of any tire. Since the only

private-sector standard we are aware of

is not a consensus standard applicable

to overloaded manufactured home tires,

we did not violate the National

Technology Transfer and Advancement

Act of 1995.

MHI’s Petition for Postponement of the

December 31, 2001, Deadline

On October 10, 2001, MHI petitioned

the FMCSA to extend the deadline for

compliance with the prohibition on tire

overloading until 180 days after the date

the agency publishes its decision on

MHI’s August 7, 2000, petition. They

argued that it is virtually impossible for

the manufactured housing industry to

fully comply with the rule by January 1,

2002, if the agency denies the petition

to allow 18-percent overloading on a

permanent basis. A copy of the petition

is in the docket referenced at the

beginning of this notice.

In addition, MHI noted that ‘‘[p]rior to

the 118 Percent Rule, the provisions of

49 CFR 393.75(f) were applicable to the

movement of manufactured homes. In

the event the 118 Percent Rule is

sunsetted, the provisions of 49 CFR

393.75(f) will again be applicable.’’

The Manufactured Housing

Association for Regulatory Reform

(MHARR) and Multinational Business

Services submitted comments to the

docket in response to MHI’s petition for

postponement of the January 1, 2002,

deadline.

MHARR supports MHI’s petition

because it believes Congress has given

HUD primary jurisdiction over the

construction of manufactured housing

and HUD had not participated in

FMCSA’s notice-and-comment

proceedings concerning MHI’s petition

to allow 18-percent overloading on a

permanent basis. MHARR stated that

Federal Register / Vol. 66, No. 250 / Monday, December 31, 2001 / Rules and Regulations 67693

manufacturers would be left with two

conflicting tire loading standards if the

FMCSA does not extend the deadline

and that no action should be taken

without HUD’s full participation.

Multinational Business Services

submitted comments in opposition to

the MHI’s October 10, 2001, petition.

Multinational Business Services argues

that the MHI’s petition indicates a

willful disregard for Federal regulatory

deadlines. Multinational Business

Services believes MHI has been

provided with ample time to comply

with the regulation and that MHI is

responsible for overlooking the plain

meaning of the notices terminating tire

overloading.

FMCSA Response to MHI’s October 10,

2001, Petition

The FMCSA has reviewed MHI’s

petition and the comments of MHARR

and Multinational Business Services

and determined that § 393.75(g) should

not be amended to provide an

additional 180 days from the date of

publication of the agency’s final

decision on MHI’s August 7, 2000,

petition for the industry to comply with

the prohibition on the overloading of

tires. The agency agrees with

Multinational Business Services that

MHI has been provided ample time to

comply with the rule and that MHI

should have recognized the meaning of

the FMCSA’s Federal Register notices

in response to the August 7, 2000,

petition for rulemaking.

MHI pointed out that § 393.75(f)

would still allow tire overloading at the

option of each State, even if § 393.75(g)

were sunsetted. It was not the intention

of FMCSA and HUD that the general

provision concerning tire loading for

commercial motor vehicles be

applicable to tire loading for

manufactured homes after the

expiration date. While the regulatory

language adopted in the February 18,

1998, final rule did not express our

intent as clearly as we intended, the

preamble to the rulemaking was

explicit. The Summary section of the

February 18, 1998, final rule states:

Because the agencies have sufficient data

indicating that overloading is potentially

unsafe, unless both agencies are persuaded

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 will be prohibited at the end

of this two-year period [63 FR 8330, emphasis

added].

The agency clearly indicated that the

expiration date was to be the deadline

for the industry to discontinue the

practice of overloading tires. By

codifying all of the overloading rules

applicable to manufactured homes in

§ 393.75(g), the agency narrowed the

scope of § 393.75(f) to effectively

exclude manufactured homes.

This final rule makes a technical

amendment to the rule only for the

purpose of clarifying the applicability of

the requirements for homes built before

and after December 31, 2001, now that

we have reached the expiration date for

the tire overloading provision. Section

393.75(f) has been amended slightly to

ensure that it will remain inapplicable

to manufactured homes, and

§ 393.75(g)(2) clearly bars tire

overloading for manufactured homes

labeled on or after January 1, 2002.

With regard to MHARR comments,

FMCSA agrees that while HUD has

primary authority over the construction

of manufactured housing, FMCSA has

primary authority over highway

transportation by commercial motor

vehicle. Therefore, FMCSA’s action of

today will effectively end any

permissibility of overloading.

FMCSA worked closely with HUD in

conjunction with issuing the 1998 final

rule, and the November 21, 2000,

extension of the compliance date. We

notified HUD prior to our publication of

the April 20, 2001, notice of intent to

deny the petitions and we notified the

agency prior to the publication of this

final rule. Section 393.75(g) explicitly

states that the 18-percent overloading

provision will expire unless extended

by mutual consent of the FMCSA and

the Department of Housing and Urban

Development.

FMCSA Decision

For the reasons given above, the

FMCSA is denying MHI’s August 7,

2000, and October 10, 2001, petitions,

and Multinational Legal Services’

January 16, 2001, petition. The agency

has worked with HUD to require the

manufactured housing industry to alter

its practice of overloading tires by up to

50 percent above the tire manufacturer’s

load rating. The agencies have reduced

the amount of overloading to 18 percent

presently, and through the denial of the

MHI’s petitions, transporters of

manufactured homes must discontinue

the practice of overloading tires.

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, additional notice and

comment are unnecessary. We jointly

completed a rulemaking with HUD in

1998 that established the process for

phasing out the overloading of tires. The

process included a two-year period

during which the industry could gather

data and other information to support

its contention that overloading tires by

18 percent was not potentially unsafe.

The industry submitted a petition on

August 7, 2000, requesting that the

agencies allow 18-percent overloading

on a permanent basis. Although we

were under no obligation to respond to

the petition given the short amount of

time between its submission and the

November 20, 2000, expiration date, we

extended the expiration date until

December 31, 2001, and subsequently

published a notice requesting public

comment on the petition. Our notice

requesting public comment included a

detailed discussion of (1) the

operational data submitted by MHI in

August 2000; (2) the inadequacy of that

data as a justification for continued tireoverloading after the expiration date of

the current rule; (3) our intent to deny

MHI’s petition to make overloading

permanent; and (4) our response to the

petition from Multinational Legal

Services for rescission of the extension

of the original expiration date from

November 20, 2000, to December 31,

2001. This final rule is a technical

amendment to 49 CFR 393.75(f) and (g)

to reflect the expiration of the provision

allowing 18-percent overloading on

December 31, 2001. The final rule does

include a substantive change to the rule.

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 publication.

The final rule is a technical amendment

to reflect the December 31, 2001,

expiration date, and to clarify the

applicability of the rules to the

transportation of manufactured homes

built before and after the December 31,

2001, expiration date. The final rule

does not change the substance of the

rule.

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

amends § 393.75 to clarify the

applicability of the rules to the

transportation of manufactured homes

built before and after the December 31,

2001, deadline for compliance.

67694 Federal Register / Vol. 66, No. 250 / Monday, December 31, 2001 / Rules and Regulations

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

amendment of the final rule to be a

significant action.

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.). The original rule did not have

a significant effect on a substantial

number of small entities, and this rule

simply amends § 393.75 to reflect the

expiration of the provision allowing 18-

percent overloading on December 31,

2001.

Executive Order 13132 (Federalism)

This action has been analyzed in

accordance with the principles and

criteria contained in Executive Order

13132. It has been determined that this

rulemaking does not have a substantial

direct effect on States, nor would it limit

the policy-making discretion of the

States. Nothing in this document

preempts any State law or regulation.

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

FMCSA is a new administration

within the Department of

Transportation (DOT). We are striving to

meet all of the statutory and executive

branch requirements on rulemaking.

The FMCSA is currently developing an

agency order that will comply with all

statutory and regulatory policies under

the National Environmental Policy Act

of 1969 (42 U.S.C. 4321 et seq.). We

expect the draft FMCSA Order to appear

in the Federal Register for public

comment in the near future. The

framework of the FMCSA Order is

consistent with and reflects the

procedures for considering

environmental impacts under DOT

Order 5610.1C. The FMCSA analyzed

this final rule under the NEPA and DOT

Order 5610.1C. Since the final rule only

clarifies the existing rule to reflect the

expiration of the tire-overloading

provision in 49 CFR 393.75(g), we

believe it would be among the type of

regulations that would be categorically

excluded from any environmental

assessment.

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

an economically significant rule 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.

Executive Order 13211 (Energy Supply,

Distribution, or Use)

We have analyzed this action under

Executive Order 13211, Actions

Concerning Regulations That

Significantly Affect Energy Supply,

Distribution, or Use. This action is not

a significant energy action within the

meaning of section 4(b) of the Executive

Order because it is not economically

significant and will not have a

significant adverse effect on the supply,

distribution, or use of energy.

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

continues to read as follows:

Authority: Sec. 1041(b) of Public Law 102–

240, 105 Stat. 1914, 1993 (1991); 49 U.S.C.

31136 and 31502; 49 CFR 1.73.

2. Amend § 393.75 to revise

paragraphs (f) and (g) to read as follows:

§ 393.75 Tires.

* * * * *

(f) Tire loading restrictions (except on

manufactured homes). No motor vehicle

(except manufactured homes, which are

governed by paragraph (g) of this

section) shall be operated with tires that

carry a weight greater than that marked

on the sidewall of the tire or, in the

absence of such a marking, a weight

greater than that specified for the tires

in any of the publications of any of the

organizations listed in Federal Motor

Vehicle Safety Standard No. 119 (49

CFR 571.119, S5.1(b)) unless:

(1) The vehicle is being operated

under the terms of a special permit

issued by the State; and

(2) The vehicle is being operated at a

reduced speed to compensate for the tire

loading in excess of the manufacturer’s

rated capacity for the tire. In no case

shall the speed exceed 80 km/hr (50

mph).

(g)(1) Tire loading restrictions for

manufactured homes built before

January 1, 2002. Manufactured homes

that are labeled pursuant to 24 CFR

3282.362(c)(2)(i) before January 1, 2002,

must not be transported on tires that are

loaded more than 18 percent over the

load rating marked on the sidewall of

the tire or, in the absence of such a

marking, more than 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

labeled before January 1, 2002,

transported on tires overloaded by 9

percent or more must not be operated at

speeds exceeding 80 km/hr (50 mph).

(2) Tire loading restrictions for

manufactured homes built on or after

January 1, 2002. Manufactured homes

that are labeled pursuant to 24 CFR

3282.362(c)(2)(i) on or after January 1,

2002, must not be transported on tires

loaded beyond the load rating marked

on the sidewall of the tire or, in the

absence of such a marking, the load

Federal Register / Vol. 66, No. 250 / Monday, December 31, 2001 / Rules and Regulations 67695

rating specified in any of the

publications of any of the organizations

listed in FMVSS No. 119 (49 CFR

571.119, S5.1(b)).

Issued on: December 26, 2001.

Julie Anna Cirillo,

Assistant Administrator, Chief Safety Officer.

[FR Doc. 01–32173 Filed 12–27–01; 1:12 pm]

BILLING CODE 4910–EX–P