[Federal Register Volume 77, Number 209 (Monday, October 29, 2012)]
[Rules and Regulations]
[Pages 65497-65498]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26550]
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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: Withdrawal of direct final rule.
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SUMMARY: FMCSA withdraws its August 27, 2012, direct final rule (DFR)
amending the definition of ``gross combination weight rating'' (GCWR)
in 49 CFR parts 383 and 390. The DFR would have taken effect on October
26, 2012. However, the Agency received several adverse comments in
response to the DFR and will, therefore develop a notice of proposed
rulemaking to request public comments on proposed changes to the GCWR
definition.
DATES: The direct final rule published August 27, 2012 (77 FR 51706) is
withdrawn effective October 26, 2012.
[[Page 65498]]
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. Viewing Comments and Documents
To view comments, go to http://www.regulations.gov, FMCSA-2012-
0156. 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.
B. 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. Background
On August 27, 2012, FMCSA published a DFR to amend the definition
of ``gross combination weight rating'' (GCWR) in 49 CFR parts 383 and
390. The DFR provided that the rule would be effective October 26,
2012, if no adverse comments were received by September 26, 2012. In
view of three adverse comments submitted to the docket, FMCSA withdraws
the DFR through this notice.
Commenter John F. Nowak stated that the definition of GCWR should
not be amended until the National Highway Traffic Safety Administration
(NHTSA) changes its regulations to require manufacturers to include a
vehicle's GCWR in addition to its gross vehicle weight rating (GVWR) on
the certification label. He argued that it was difficult at this time
for drivers, motor carriers, and law enforcement officers to obtain
GCWR information quickly. Mr. Nowak claimed that currently only the
second half of the existing definition of GCWR is readily available for
use by carrier and enforcement personnel. This commenter went on to say
that because FMCSA must be aware of the difficulty in obtaining the
manufacturer's GCWR for any particular vehicle, the second sentence of
the existing definition must be retained.
Currently, the definitions in 49 CFR 383.5 and 390.5 both define
Gross combination weight rating (GCWR) as 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 adding the GVWR \1\ of the power unit and the
total weight of the towed unit and any load thereon.
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\1\ GVWR stands for gross vehicle weight rating.
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Mr. Nowak agrees with FMCSA that the definition of GCWR should
ultimately be changed to reflect NHTSA's definition of that term. Prior
to this change, however, he suggests that the FMCSA place the
responsibility for obtaining GCWR information on law enforcement
officers and refrain from taking adverse action against drivers or
carriers for failure to have this information.
Commenter Bryce Baker indicates that manufacturers do not list the
GCWR on the vehicle. Even if such a value is available from the
manufacturer, he states, the time needed to obtain the information
would make enforcement fruitless. Although commenter David S. McQueen
also opposes the change included in the DFR, his position seems to be
based on a misunderstanding of the GCWR definition used by the National
Highway Traffic Safety Administration.
FMCSA Response: The comments submitted by these three individuals
qualify as adverse. Therefore, under 49 CFR 389.39(d), FMCSA withdraws
the direct final rule of August 27, 2012 (77 FR 51706).
Issued on: October 22, 2012.
Larry W. Minor,
Associate Administrator, Office of Policy, Federal Motor Carrier Safety
Administration.
[FR Doc. 2012-26550 Filed 10-26-12; 8:45 am]
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