

	UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

OFFICE OF AIR AND RADIATION

NATIONAL VEHICLE AND FUEL EMISSIONS LABORATORY

2000 TRAVERWOOD DRIVE

ANN ARBOR, MI  48105-2498



December 1, 2015

MEMORANDUM

SUBJECT:	Trailer Importation Discussion with Wabash National Corporation
on November 24, 2015

FROM:	Jessica Brakora, Engineer, Assessment and Standards Division

Office of Transportation and Air Quality

TO:	Greenhouse Gas Emissions Standards and Fuel Efficiency Standards for
Medium- and Heavy-Duty Engines and Vehicles - Phase 2 - Dockets
NHTSA-2014-0132 and EPA-HQ-OAR-2014-0827



EPA held a short conference call with Wabash National Corporation
(Wabash) to discuss Wabash’s compliance concerns related to imported
trailers.  The purpose of the meeting was to introduce EPA’s
Compliance Division to the public comments submitted by Wabash following
publication of the Phase 2 NPRM.  The intent was to arrange a future
meeting and include appropriate additional EPA staff as needed.  The
following participants attended the conference call:

Wabash representatives: 

Patrick Quinn, The Accord Group

Jamie Scarcelli, Wabash, Senior Vice President - General Counsel and
Secretary

Erin Roth, Wabash, Vice President - Corporate Strategy and Government
Affairs

EPA representatives:

Byron Bunker, EPA Compliance Division

Stephen Healy, EPA Compliance Division

Jessica Brakora, EPA Assessment and Standards Division

Wabash was concerned that trailers manufactured in either Canada or
Mexico could potentially be imported into the U.S. without meeting the
future Phase 2 regulations.  Wabash stated that it was concerned that
customers (or third-party carriers hired by the customer) would simply
drive over the border, pick up a foreign-made trailer, and drive back
into the U.S. with the new, non-compliant trailer.  Since trailers are
generally delivered individually (i.e., there are no trailers designed
to carry multiple trailers equivalent to automobile haulers), new
trailers may be overlooked by U.S. Customs and Border Protection (CBP)
as simply tractor-trailers making a cross-border delivery.  

EPA stated that as of today, CBP has access to EPA’s database and
regularly inspects imported vehicle and engine products to make sure
emissions certification labels are available.  It is easy to identify
these “products” when they are shipped in boxes or in/on trailers,
but EPA acknowledged that it may be difficult to recognize a trailer as
a product if it’s driven across in it a tractor-trailer vehicle
configuration.  However, EPA noted that such a vehicle would need to get
a license plate, which would require some level of registration and that
registration could be tied to a record of certification on the
vehicle’s title.  

Wabash noted that trailers do not have “titles”; instead they have a
“manufacturer’s statement of origin” (MSO).  MSOs are used to
register the trailers and they stated that these documents will identify
the manufacturer, but do not always include the specific site in which a
trailer was manufactured.  

EPA stated that trailer-specific customs enforcement procedures are not
in place at this time, but that it will be important to coordinate with
the state-level Departments of Motor Vehicles to ensure MSOs are
appropriate.  Additionally, EPA will have to ensure that labels are
placed such that customs can easily identify trailers that are
certified.  Wabash offered to bring some example MSO documents to a
future meeting.

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