[Federal Register Volume 62, Number 113 (Thursday, June 12, 1997)]
[Proposed Rules]
[Pages 32066-32068]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15440]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

49 CFR Parts 390, 392, and 393

[FHWA Docket No. MC-97-5; FHWA-97-2364]
RIN 2125-AD40


Parts and Accessories Necessary for Safe Operation; General 
Amendments

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Extension of comment period.

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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

[[Page 32067]]

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, 
1997.

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 
postcard.

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.

SUPPLEMENTARY INFORMATION:

Background

    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.

FHWA Decision

    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 
1986.
    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.


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    Issued on: June 6, 1997.
Jane Garvey,
Acting Federal Highway Administrator.
[FR Doc. 97-15440 Filed 6-11-97; 8:45 am]
BILLING CODE 4910-22-P