[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] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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. [[Page 32068]] 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