[Federal Register: June 12, 1997 (Volume 62, Number 113)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
49 CFR Parts 390, 392, and 393
[FHWA Docket No. MC-97-5; FHWA-97-2364]
Parts and Accessories Necessary for Safe Operation; General
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Extension of comment period.
SUMMARY: The FHWA is extending the comment period for its April 14,
1997, notice of proposed rulemaking (NPRM) in which the agency proposed
amendments to part 393 of the Federal Motor Carrier Safety Regulations
(FMCSRs). The extension is in response to a request from the Motor and
Equipment Manufacturers Association (MEMA). The FHWA has determined
that granting the extension is appropriate given the complexity of the
NPRM and the need for informed responses from potential commenters.
DATES: Signed, written comments must be received on or before July 28,
ADDRESSES: Comments should refer to the docket number that appears at
the top of this document and must be submitted to the Docket Clerk,
U.S. DOT Dockets, Room PL-401, 400 Seventh Street, SW., Washington, DC
20590-0001. All comments received will be available for examination at
the above address between 10 a.m. and 5 p.m., e.t., Monday through
Friday, except Federal holidays. Those desiring notification of receipt
of comments must include a self-addressed, stamped envelope or
FOR FURTHER INFORMATION CONTACT: Mr. Larry W. Minor, Office of Motor
Carrier Research and Standards, HCS-10, (202) 366-4009; or Mr. Charles
E. Medalen, Office of the Chief Counsel, HCC-20, (202) 366-1354,
Federal Highway Administration, 400 Seventh Street, SW., Washington, DC
20590. Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday
through Friday, except Federal holidays.
On April 14, 1997 (62 FR 18170), the FHWA published a NPRM
concerning part 393 of the Federal Motor Carrier Safety Regulations
(FMCSRs), and requesting comments on the proposed amendments by June
13, 1997. The proposed changes are intended to remove obsolete and
redundant regulations; respond to several petitions for rulemaking;
provide improved definitions of vehicle types, systems, and components;
resolve inconsistencies between part 393 and the National Highway
Traffic Safety Administration's Federal Motor Vehicle Safety Standards
(49 CFR 571); and codify certain FHWA regulatory guidance concerning
the requirements of part 393. Generally, the amendments do not involve
the establishment of new or more stringent requirements but a
clarification of existing requirements. The FHWA indicated that this
action is consistent with the President's Regulatory Reinvention
Initiative and furthers the FHWA's ongoing Zero-Base Regulatory Review
in that it proposes to make many sections more concise, easier to
understand and more performance oriented.
Request for an Extension of the Comment Period
The Motor and Equipment Manufacturers Association (MEMA) requested
a 30-day extension of the comment period in order to develop
``meaningful and responsive comments, in part supported by testing and
other technical data which will take additional time to assemble. * *
*'' The MEMA specifically requested additional time to formulate
comments in response to the proposed amendments in Sec. 393.25,
Requirements for lamps other than head lamps, Sec. 393.45, Brake tubing
and hose, adequacy, and Sec. 393.46, Brake tubing and hose connections.
A copy of the MEMA request is included in the docket.
The FHWA has determined that the request should be granted, given
the complexity of the Society of Automotive Engineers (SAE) recommended
practices and standards that the agency proposed to incorporate by
reference. The FHWA proposed that marker lamps on projecting loads, all
lamps temporarily attached to vehicles transported in driveaway-towaway
operations, and all lamps on converter dollies and pole trailers be
required to meet the following applicable SAE standards: J586--``Stop
Lamps for Use on Motor Vehicles Less Than 2032 mm in Overall Width,''
December 1989; J1398--``Stop Lamps for Use on Motor Vehicles 2032 mm or
More in Overall Width,'' May 1985; J585--``Tail Lamps (Rear Position
Lamps) for Use on Motor Vehicles Less Than 2032 mm in Overall Width,''
December 1994; J588--``Turn Signal Lamps for Use on Motor Vehicles Less
Than 2032 mm in Overall Width,'' December 1994; J2040--Tail Lamps (Rear
Position Lamps) for Use on Motor Vehicles 2032 mm or More in Overall
Width,'' June 1991; J588--``Turn Signal Lamps for Use on Motor Vehicles
Less Than 2032 mm in Overall Width,'' December 1994; J1395--``Front and
Rear Turn Signal Lamps for Use on Motor Vehicles 2032 mm or More
Overall Width,'' June 1991; J592--``Clearance, Side Marker, and
Identification Lamps,'' December 1994.
The agency also proposed that amber Class 2 or Class 3, 360 degree
warning lamps must meet SAE J845--``360 Degree Warning Lamp for
Authorized Emergency, Maintenance and Service Vehicles,'' March 1992.
Class 1, 360 degree warning lamps would be prohibited. Amber flashing
warning lamps would be required to meet SAE J595--``Flashing Warning
Lamps for Authorized Emergency, Maintenance and Service Vehicles,''
January 1990. Amber Class 2 or Class 3 gaseous discharge warning lamps
would be required to meet SAE J1318--``Gaseous Discharge Warning Lamp
for Authorized Emergency, Maintenance, and Service Vehicles,'' April
With regard to brake hoses, the FHWA proposed that coiled nylon
brake hose or hose assemblies must meet SAE J844, ``Nonmetallic Air
Brake System Tubing,'' October 1994. The proposed regulation would list
the three exceptions that the National Highway Traffic Safety
Administration's brake hose standard, 49 CFR 571.106, provides for
coiled nylon brake tubing. Paragraphs S7.3.6 (length change), S7.3.10
(tensile strength), and S7.3.11 (tensile strength of an assembly after
immersion in water) of 49 CFR 571.106 cross reference Sec. 393.45 and
indicate that certain coiled tubing that meets the requirements of
Sec. 393.45 is not required to meet the testing requirements described
in those paragraphs.
The FHWA is mindful of the need for all interested parties to have
enough time to prepare relevant and useful comments. Therefore, the
FHWA is extending the comment period on Docket FHWA MC 97-5; FHWA-97-
2364 for a 45-day period, to July 28, 1997.
All comments received before the close of business on the comment
closing date will be considered and will be available for examination
in the docket at the above address. Comments received after the closing
date will be filed in the docket and will be considered to the extent
practicable. In addition to late comments, the FHWA will continue to
file relevant information in the docket as it becomes available after
the comment closing date, and interested parties should continue to
examine the docket for new materials.
List of Subjects in 49 CFR Part 390
Highway safety, Highways and roads, Intermodal transportation,
Motor carriers, Motor vehicle identification, Motor vehicle safety,
Reporting and recordkeeping requirements.
49 CFR Part 392
Highway safety, Highways and roads, Motor carriers--driving
practices, Motor vehicle safety.
49 CFR Part 393
Highways and roads, Incorporation by reference, Motor carriers,
Motor vehicle equipment, Motor vehicle safety.
Authority: 49 U.S.C. 31136, 31502; 49 CFR 1.48.
Issued on: June 6, 1997.
Acting Federal Highway Administrator.
[FR Doc. 97-15440 Filed 6-11-97; 8:45 am]
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