[Federal Register Volume 63, Number 6 (Friday, January 9, 1998)]
[Rules and Regulations]
[Pages 1383-1388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-567]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

49 CFR Part 393

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


Parts and Accessories Necessary for Safe Operation; Glazing in 
Specified Openings

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Final rule.

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SUMMARY: The FHWA is revising its requirements concerning glazing 
materials, windshield condition, coloring and tinting of windshields 
and windows, and obstructions to the driver's field of view for 
commercial motor vehicles operated in interstate commerce. The revision 
is intended to remove obsolete regulatory language, establish 
requirements that are more performance-based than the previous 
requirements, and respond to requests for waivers to allow the use of 
windshield-mounted transponders. On April 14, 1997, the FHWA published 
a notice of proposed rulemaking (NPRM) in which the agency proposed 
general amendments to part 393 of the Federal Motor Carrier Safety 
Regulations (FMCSRs), Parts and Accessories Necessary for Safe 
Operation. The proposed amendments covered a wide range of topics, 
including the subjects of this rule. Upon review of the docket comments 
and recent requests for waivers, the agency has decided to issue a 
final rule on glazing materials, windshields and windows and to 
publish, at a later date, a final rule on the remaining issues covered 
in the April 14, 1997, NPRM. As a result of this rulemaking, motor 
carriers operating under the terms of the March 6, 1995, waiver granted 
for the ADVANTAGE I-75 and Heavy Vehicle Electronic License Plate, Inc. 
programs are no longer required to comply with the conditions 
prescribed by the waiver.

EFFECTIVE DATE: February 9, 1998.

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, 
D.C. 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 December 7, 1988, the FHWA published a final rule on parts and 
accessories necessary for safe operation (53 FR 49380). The final rule 
included amendments to the requirements of 49 CFR part 393 for lamps 
and reflective devices, brake systems, fuel systems, frames and frame 
assemblies, suspension systems, steering systems, and axle assemblies. 
This action was taken to implement sections 206 and 210 of the Motor 
Carrier Safety Act of 1984 (the Act), 49 U.S.C. 31136 and 31142, and to 
ensure that commercial motor vehicles are equipped with all parts and 
accessories considered necessary for safe operation. Since the 
publication of the final rule, the FHWA has received numerous petitions 
for rulemaking and requests for interpretation of the requirements of 
part 393 which have raised the need for additional amendments to 
clarify several provisions of the 1988 final rule. In addition, the 
National Highway Traffic Safety Administration (NHTSA), the Federal 
agency responsible for establishing safety standards for the 
manufacture of motor vehicles and certain motor vehicle equipment, has 
made several amendments to its Federal Motor Vehicle Safety Standards 
(FMVSSs) that necessitate amendments to the FMCSRs in order to 
eliminate inconsistencies between part 393 and the FMVSSs.
    On April 14, 1997, the FHWA published a notice of proposed 
rulemaking (NPRM) to amend part 393 of the FMCSRs (62 FR 18170). The 
proposed amendments were 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 NHTSA's FMVSSs (49 CFR 571); 
and codify certain FHWA regulatory guidance concerning the requirements 
of part 393. The comment period was extended to July 28, 1997, at 62 FR 
32066 on June 12, 1997.

[[Page 1384]]

    As part of the NPRM, the FHWA proposed revising Sec. 393.60, 
Glazing in specified openings. The agency proposed requiring that 
glazing material used in windshields, windows and doors of commercial 
motor vehicles manufactured on or after December 25, 1968, meet the 
requirements of FMVSS No. 205 in effect on the date of manufacture of 
the vehicle. The agency also proposed including a requirement that each 
bus, truck, and truck-tractor be equipped with a windshield.
    With regard to coloring or tinting of windshields and side windows, 
the FHWA proposed revising the requirements to codify regulatory 
guidance on this topic. Coloring or tinting of windshields and the 
windows to the immediate right and left of the driver would be allowed 
provided the parallel luminous transmittance through the colored or 
tinted glazing is not less than 70 percent of the light at normal 
incidence in those portions of the windshield or windows which are 
marked as having a luminous transmittance of at least 70 percent.
    The FHWA proposed revising Sec. 393.60(c) concerning restrictions 
on the use of vision-reducing matter on windshields. The proposed 
revision was intended to eliminate the need for motor carriers to 
petition the FHWA for waivers to allow the use of windshield-mounted 
transponders and similar devices. The preamble to the NPRM stated:

    On March 6, 1995, the FHWA granted a petition from the 
Commonwealth of Kentucky, and Heavy Vehicle Electronic License 
Plate, Inc. (HELP) requesting a waiver from the requirements of 
Sec. 393.60(c) to allow mounting of an automatic vehicle 
identification transponder at the upper border of the windshields of 
commercial motor vehicles (60 FR 12146). The waiver was necessary 
because Sec. 393.60(c) prohibits the operation of a commercial motor 
vehicle with vision-reducing matter covering any portion of the 
windshield with certain exceptions for decals required by law and 
affixed to the bottom of the windshield.
    In evaluating the requests for waivers to Sec. 393.60(c), the 
FHWA reviewed automotive engineering recommended practices, the 
NHTSA's FMVSSs, and recent research concerning driver's field of 
view. The agency also examined current commercial motor vehicle cab 
designs related to placement of interior mirrors and sun visors 
which occupy approximately the same space proposed for the 
transponder. Based upon the information obtained from this review, 
the FHWA concluded that a transponder mounted at the approximate 
center of the top of the windshield would be extremely unlikely to 
create a situation inconsistent with the safe operation of a 
commercial motor vehicle. This location is well outside the area 
recommended for windshield wiper sweep under the SAE recommended 
practice J198, Windshield Wiper Systems--Trucks, Buses, and 
Multipurpose Vehicles, and the area recommended for windshield 
defrosting under J342, Windshield Defrosting Systems Performance 
Guidelines--Trucks, Buses, and Multipurpose Vehicles. The findings 
of recent research reports on the subject also suggested that the 
location of an object, such as a transponder device, near the upper 
margin of a windshield is unlikely to have any effect on a driver's 
ability to observe nearby objects, such as pedestrians.

    The NPRM indicated the agency would allow the installation of 
antennas, transponders, and similar devices in the upper margin of 
windshields for the reasons presented in the notice granting the 
waiver. These devices could not be placed lower than 152 mm (6 inches) 
from the upper edge of the windshield, must be outside the area swept 
by the windshield wipers, and must be outside the driver's sight lines 
to the road and highway signs or signals. The proposed amendment would 
codify the March 6, 1995, waiver and help to promote the use of 
advanced technologies to improve the efficiency and safety of operation 
of commercial motor vehicles.
    On the subject of limitations on the placement of decals and 
stickers at the bottom of the windshield, the FHWA proposed adopting a 
performance-based requirement that decals required by law must not 
obstruct the driver's view of the road or traffic signs.

Discussion of Comments to the NPRM

    The FHWA received 35 comments in response to the NPRM. The 
commenters were: Air Ride Control, Inc.; Amerex Corporation; the 
American Trucking Associations (ATA) (two submissions to the docket); 
Burns Consulting Associates; Colorado Department of Public Safety; 
Commercial Vehicle Safety Alliance (CVSA) (two submissions to the 
docket); Robert J. Crail, a transportation engineering consultant; W. 
E. Currie, a consulting engineer; Dana Corporation, Boston Weatherhead 
Division; Electronic Controls Company; Elf Atochem North America, Inc.; 
Grote Industries, Inc.; Huls America, Inc.; Lufkin Trailers; Mark IV 
Industrial--Dayco Eastman; The Commonwealth of Massachusetts, 
Department of Public Utilities; National Association of State Fire 
Marshals; National Association of Trailer Manufacturers; National 
Automobile Dealers Association; National Automobile Transporters 
Association; National Propane Gas Association; Oklahoma Highway Patrol; 
Parker Hannifin Corporation (two submissions to the docket); Rockwell 
International Corporation (the automotive division of Rockwell is now 
Meritor Automotive); Star Headlight and Lantern Company, Inc.; 
Transportation Safety Equipment Institute; Truck Manufacturers 
Association; Truck Trailer Manufacturers Association; UBE Industries 
(America), Inc.; Donald H. Verhoff; and, Wells Cargo, Inc.
    The ATA and the CVSA were the only commenters to discuss the 
proposed revision of Sec. 393.60. The CVSA supported the proposal to 
allow the use of windshield-mounted transponders and recommended that 
the revision be expedited.
    The ATA opposed the proposed reference to FMVSS No. 205, concerning 
manufacturing standards for glazing material, and the proposed 
requirement that all commercial motor vehicles be equipped with 
windshields. The ATA also expressed concern about the proposed 
regulatory language concerning prohibitions on obstructions to the 
drivers field of view. The ATA stated:

    [M]otor carriers can not test to assure that a component or 
system meets the FMVSS. By referencing the American National 
Standards Institute (ANSI) standard ANS Z26, the FMVSS requires that 
glazing be tested for, among many other things, chemical resistance. 
Performing this test requires, as one testing agent, gasoline of a 
certain Isooctane type and content. It is completely unreasonable to 
believe that any carrier is ever going to understand what such a 
fluid is, let alone purchase it for testing glazing.
    Carriers can, however, assure that glazing material is marked in 
accordance with FMVSS 205.S6. This is the type of indication which 
the manufacturers make to show compliance with the FMVSS. We believe 
such marking is necessary for all components which the agency 
believes motor carriers must show were constructed in compliance 
with the FMVSS.
    The ATA also expressed concern about the proposed requirement 
for windshields.

    The ATA believes an exemption is needed for the transportation of 
vehicles such as ``chassis cowls'' between truck manufacturers and 
final stage manufacturers. The incomplete vehicles often have no 
windshield, windshield wipers or washers, heater-defroster, or 
speedometer. The ATA indicated the movement of this equipment is 
typically across town to a ``body builders'' facility.
    With regard to the proposed language concerning prohibitions on 
obstructions to the driver's field of view, the ATA believes the 
wording about decals is ``too liberal.'' The ATA stated:

    It will once again allow state and federally required material 
to be affixed to the top, bottom, and sides of a windshield. We 
recognize that new technology has created the need for transponders 
and similar equipment. We also understand that CVSA

[[Page 1385]]

decals should be affixed to windshields but are not required by law 
and so need an exemption for such placement. And we can not forget 
how bad this can get without stringent control.
    Many windshields have curved sides which are not swept by the 
wipers. Under FHWA/OMC's new wording this will become fertile glass 
for the planting of new stickers. To control the desire to use the 
windshield as a billboard, we suggest the following:
    (2) Decals and stickers mounted on the windshield. Commercial 
Vehicle Safety Alliance (CVSA) inspection decals, and stickers and/
or decals required under federal or state laws may be placed at the 
bottom or sides of the windshield provided such decals or stickers 
do not extend upward more than 4\1/2\ inches (11.5 cm) from the 
bottom of the windshield and are located outside the area swept by 
the windshield wipers, and outside the driver's sight lines to the 
road and highway signs or signals.

FHWA Response to Comments

    The FHWA agrees with the CVSA's recommendation that the revision 
concerning windshield-mounted transponders and similar devices should 
be expedited. The agency acknowledges the ATA's concerns about Federal- 
and State-required decals being applied to inappropriate areas of the 
windshields of commercial motor vehicles, and has modified the 
regulatory language accordingly. However, for the reasons discussed 
below, the FHWA disagrees with the ATA's argument that motor carriers 
are not able to comply with the requirement to ensure that their 
commercial motor vehicles are equipped with windshields which meet the 
requirements of FMVSS No. 205. The agency also disagrees with the ATA's 
argument about the need for a driveaway exemption for the operation of 
incomplete motor vehicles.

The Use of Windshield-Mounted Transponders on Commercial Motor Vehicles

    The FHWA is aware of two Intelligent Transportation Systems (ITS) 
programs that need regulatory relief from Sec. 393.60(c) to allow the 
use of windshield-mounted transponders: the International Borders 
Clearance Program (the Borders Clearance Program), and the Oregon Green 
Light Electronic Clearance Operational Test Project (Green Light 
Project). The revised regulation will allow motor carriers 
participating in the Borders Clearance Program and Green Light Project, 
as well as carriers participating in future programs intended to 
improve efficiency and highway safety, to mount automatic vehicle 
identification (AVI) transponders at the top of the windshield (near 
the centerline or middle) of their commercial motor vehicles (CMVs).
    The Borders Clearance Program is an element of the FHWA's ITS 
program that is designed to develop and demonstrate the integration of 
ITS technology (i.e., electronic pre-clearance, AVI transponders on 
vehicles, and AVI readers and other state-of-the-art communications and 
information systems) into an international border clearance system for 
CMVs operating between the United States, Canada, and Mexico. The 
Borders Clearance Program will allow the CMVs that meet safety and 
operational requirements to pass through border crossings with minimal 
delays. Currently, field operational tests (FOTs) to demonstrate the 
use of ITS technology are being planned for international border 
clearance sites on the Northern border (Buffalo, New York, and Detroit, 
Michigan) and on the Southern border (Otay Mesa, California, and 
Nogales, Arizona). Also FOTs are being developed for international 
border crossing sites in El Paso and Laredo, Texas; Blaine, Washington; 
and Sweetgrass, Montana.
    The FOTs are intended to demonstrate an approach for standardizing 
data/information exchange systems between various U.S. Federal agencies 
(the Customs Service, the Immigration and Naturalization Service, and 
the Department of Transportation) with regulatory/enforcement 
responsibilities in border areas. This program will result in improved 
efficiency and effectiveness of activities at the border crossings and 
streamline the processes for ensuring safe CMV operations and verifying 
the credentials of motor carriers. Other important aspects of these 
initiatives include: the incorporation of the U.S. Treasury 
Department's North American Trade Automation Prototype (NATAP) project; 
examination of methods to make electronic information secure; and on-
board processing of CMV safety information.
    The FOTs are scheduled for completion by the end of 1999. The next 
step in the Borders Clearance Program would be to move toward the model 
deployment phase, focusing on deploying international border crossing 
systems at high priority sites.
    Like the ADVANTAGE I-75 and HELP programs discussed earlier in this 
document, the Borders Clearance Program is dependent on the use of AVI 
transponders transmitting and receiving information to and from 
inspection stations. The transponders that will be used for the Borders 
Clearance Program are the same size as those used for the other 
programs and would be placed at the top of the windshield, near the 
centerline or middle of the CMV. The reasons for choosing this location 
are the same as those presented by ADVANTAGE I-75 and HELP programs.
    The Green Light Project is part of the State of Oregon's ITS 
Commercial Vehicle Operations' Program. The project involves the 
testing of mainline pre-clearance systems featuring state-of-the-art 
weigh-in-motion and AVI devices compatible with systems in other 
jurisdictions. In addition, certain sites will be equipped with data 
collection systems for use in enforcing safety and weight regulations. 
Other sites will be equipped with safety enhancement technologies, 
including highway warning systems for weather-related hazards and 
downhill truck speed information systems.
    The Green Light Project is dependent on the use of AVI transponders 
transmitting and receiving information to and from inspection stations. 
The transponders that will be used for the Green Light Project are the 
same size as those used for the programs previously mentioned and would 
be placed at the top of the windshield, near the centerline or middle 
of the CMV. The reasons for choosing this location are the same as 
those presented by the programs previously mentioned.
    The FHWA has reviewed the operational needs of the Borders 
Clearance Program and Green Light Project and the comments received in 
response to the April 14, 1997, NPRM and has determined that revising 
Sec. 393.60 to allow the use of windshield-mounted transponders and 
similar devices will help to promote increased efficiency and safety of 
motor carrier operations. The agency has reviewed accident reports 
concerning the transponder-equipped CMVs operating under the terms of 
the 1995 waiver and has determined that there have been no accidents 
(as defined in Sec. 390.5) that could be attributed to the mounting of 
the transponders in the uppermost area of the center of the windshields 
of those CMVs. Therefore, the real-world experience of the motor 
carriers operating approximately 10,000 transponder-equipped CMVs 
indicates that allowing other CMVs to be similarly equipped is 
consistent with the public interest and the safe operation of CMVs.

Cross-Reference to FMVSS No. 205

    The FHWA does not believe the ATA's concerns about cross-
referencing FMVSS No. 205 are warranted. The regulatory language 
proposed did not include a requirement for motor carriers to conduct 
certification testing of

[[Page 1386]]

glazing materials in order to verify that windshields meet the 
manufacturing standard.
    Motor vehicle manufacturers must certify that the vehicles they 
manufacture for sale and use in the United States meet all applicable 
Federal Motor Vehicle Safety Standards issued by the NHTSA. In certain 
cases, the vehicle safety standards require motor vehicle equipment to 
be marked by the equipment manufacturer to certify that the product 
meets the applicable safety standard (e.g., retroreflective sheeting 
for use on trailers manufactured on or after December 1, 1993, are 
marked with DOT-C2, DOT-C3, or DOT-C4, depending on the width of the 
tape).
    Through cross-references to the FMVSSs, the FHWA places upon motor 
carriers the responsibility for being knowledgeable about the Federal 
manufacturing standards that are applicable to heavy trucks, buses, and 
trailers. Motor carriers have the responsibility of purchasing vehicles 
and components from manufacturers that are capable of certifying the 
products they are selling meet the applicable Federal manufacturing 
standards. If the commercial motor vehicle is damaged during its 
service life, or components wear out and require replacement, motor 
carriers are required to have the vehicle properly repaired by 
knowledgeable and capable maintenance personnel. Maintenance personnel 
should recognize that there are Federal safety standards and be capable 
of determining whether the repairs being performed will restore the 
vehicle to its previous condition.
    Looking specifically at the cross-reference to FMVSS No. 205, 
vehicle manufacturers are responsible for ensuring that original 
windshields and windows installed in new motor vehicles meet the 
applicable requirements. With certain exceptions, the glazing material 
is required to be marked by the glazing manufacturer. Therefore motor 
carriers need only look for the certification label or tag (required by 
49 CFR 567) for the new vehicle, and the certification marking 
(required by 49 CFR 571.205) on the glazing (i.e., windshields and 
windows) to determine whether the manufacturers have certified that the 
vehicle and glazing meet the applicable Federal requirements. If the 
windshield has to be replaced at a later date, the motor carrier need 
only ensure the repair facility or supplier of the replacement 
windshield is knowledgeable about the Federal standards applicable to 
glazing materials. The FHWA is not aware of any evidence of fraudulent 
certification and marking of windshields.
    The argument by the ATA that motor carriers would be required to 
understand, in whole or in part, the test procedures that manufacturers 
are required to follow, or conduct testing in order to ensure 
compliance with the cross-referenced standard, is without basis. The 
FMCSRs have for more than 25 years included cross-references to the 
FMVSSs (e.g., FMVSS No. 105, concerning hydraulic brake systems, and 
No. 121 concerning air brake systems) with an apparently clear 
understanding by the vast majority of the regulated industry that motor 
carriers are not required to conduct certification testing. Although 
motor carriers and vehicle manufacturers have requested interpretations 
on numerous aspects of part 393 of the FMCSRs, the cross-references to 
the FMVSSs do not appear to have raised a discernible level of 
confusion or concern. Therefore, the FHWA has retained the cross-
reference to FMVSS No. 205.

Requirement for Vehicles To Be Equipped With Windshields

    The FHWA does not believe it is necessary to include in the final 
rule requiring windshields an exemption for driveaway operations. The 
scenario the ATA described would be considered the operation of a 
commercial motor vehicle in intrastate commerce. As such it would not 
be subject to the requirements of part 393 of the FMCSRs.
    The FHWA notes that as a condition under the Motor Carrier Safety 
Assistance Program (MCSAP) States are required to adopt motor carrier 
safety and hazardous materials transportation rules and regulations 
identical in nearly all respects to those set forth in Federal laws and 
regulations. The States are required to apply those rules and 
regulations to both interstate and intrastate operations. However, the 
FHWA has provided, in appendix C to 49 CFR part 350, tolerance 
guidelines for State rules and regulations where Federal regulations do 
not apply. The tolerance guidelines provide a mechanism for individual 
States to assess the intrastate movement of incomplete motor vehicles, 
and determine whether an exemption to the requirement for windshields 
is appropriate. If State officials believe that an exemption is 
necessary for the movement of incomplete vehicles, the State may submit 
the information required by appendix C to the FHWA for consideration.

Discussion of Final Rule

    The final rule requires glazing materials used for windshields, 
windows, and doors on a commercial motor vehicle manufactured on or 
after December 25, 1968, (the effective date of the NHTSA requirements 
for glazing) meet the requirements of FMVSS No. 205 in effect on the 
date of manufacture of the vehicle. Windshields and windows may be 
replaced with glazing materials that meet the requirements in effect on 
the date of manufacture, or with glazing materials that meet newer 
standards, adopted by amendments or revisions of FMVSS No. 205.
    Each bus, truck and truck-tractor is required to have a windshield. 
The windshield must be mounted using the full periphery of the glazing 
material and be free of discoloration or damage in certain areas. Minor 
damage, such as cracks that are not intersected by other cracks, would 
not be considered violations.
    The final rule allows tinting of windshields as long as the 
percentage of light transmitted through the tinted windshield is at 
least 70 percent of the light at normal incidence in those portions of 
the windshield or windows which are marked as having a luminous 
transmittance of at least 70 percent.
    Motor carriers are allowed to attach antennas, transponders, and 
similar devices to windshields provided the devices are not mounted 
more than 152 mm (6 inches) from the upper edge of the windshield and 
are located outside the area swept by the windshield wipers. The 
devices also must be located outside the driver's sight lines to the 
road and highway signs and signals. As a result of the revision to 
Sec. 393.60, motor carriers operating under the terms of the waiver 
granted for the ADVANTAGE I-75 and HELP programs are no longer required 
to comply with the conditions prescribed by the waiver. The waiver is 
terminated effective February 9, 1998.
    Inspection decals and stickers and/or decals required under Federal 
or State laws may be placed at the bottom or sides of the windshield. 
However, the stickers or decals may not extend more than 115 mm (4\1/2\ 
inches) from the bottom of the windshield and must be located outside 
the area swept by the windshield wipers. The stickers or decals also 
must be located outside the driver's sight lines to the road and 
highway signs and signals. The FHWA recognizes that compliance with 
this provision requires cooperation of the Federal and State agencies 
that have requirements for stickers/decals to be attached to 
windshields. However, since

[[Page 1387]]

the previous requirements under Sec. 393.60 have identical restrictions 
on the placement of stickers/decals, the FHWA does not believe that 
retaining the restrictions will conflict with the current requirements 
of other Federal or State agencies.

Rulemaking Analyses and Notices

Executive Order 12866 (Regulatory Planning and Review) and DOT 
Regulatory Policies and Procedures

    The FHWA has considered the impacts of this document and has 
determined that it is neither a significant rulemaking action within 
the meaning of Executive Order 12866 nor a significant rulemaking under 
the regulatory policies and procedures of the Department of 
Transportation. The rulemaking would revise Sec. 393.60 of the FMCSRs 
to remove obsolete regulatory language and eliminate the need for 
processing requests for waivers. The rulemaking also will codify 
regulatory guidance concerning the requirements of Sec. 393.60. It is 
anticipated that the economic impact of this rulemaking will be 
minimal; therefore, a full regulatory evaluation is not required.

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-
612), the FHWA has evaluated the effects of this rule on small 
entities. The rulemaking would revise Sec. 393.60 of the FMCSRs to 
remove obsolete regulatory language and eliminate the need for 
processing requests for waivers. The rulemaking also will codify 
regulatory guidance concerning the requirements of Sec. 393.60. The 
revised regulation is not likely to change the operating practices or 
equipment needs of motor carriers in general, or small motor carriers 
(private and for-hire) in particular. It is anticipated that the 
economic impact of this rulemaking will be minimal since it would not 
require modifications to equipment. Based on this evaluation, the FHWA 
certifies that this rule would not have a significant economic impact 
on a substantial number of small entities.

Executive Order 12612 (Federalism Assessment)

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that this rule does not have sufficient federalism implications to 
warrant the preparation of a Federalism Assessment.

Executive Order 12372 (Intergovernmental Review)

    Catalog of Domestic Assistance Program Number 20.217, Motor Carrier 
Safety. The regulations implementing Executive Order 12372 regarding 
intergovernmental consultation on Federal programs and activities do 
not apply to this program.

Paperwork Reduction Act

    This document does not contain information collection requirements 
for the purposes of the Paperwork Reduction Act of 1995 [44 U.S.C. 3501 
et seq].

National Environmental Policy Act

    The agency has analyzed this rulemaking for the purpose of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 
has determined that this action would not have any effect on the 
quality of the environment.

Regulation Identification Number

    A regulation identification number (RIN) is assigned to each 
regulatory action listed in the Unified Agenda of Federal Regulations. 
The Regulatory Information Service Center publishes the Unified Agenda 
in April and October of each year. The RIN contained in the heading of 
this document can be used to cross-reference this action with the 
Unified Agenda.

List of Subjects in 49 CFR Part 393

    Highways and roads, Incorporation by reference, Motor carriers, 
Motor vehicle equipment, Motor vehicle safety.

    Issued on: December 22, 1997.
Kenneth R. Wykle,
Federal Highway Administrator.

    In consideration of the foregoing, the FHWA amends title 49, Code 
of Federal Regulations, subchapter B, chapter III, as follows:

PART 393--[AMENDED]

    1. The authority citation for part 393 continues to read as 
follows:

    Authority: Section 1041(b) of Pub. L. 102-240, 105 Stat. 1914, 
1993 (1991); 49 U.S.C. 31136 and 31502; 49 CFR 1.48.

    2. Section 393.60 is revised to read as follows:


Sec. 393.60  Glazing in specified openings.

    (a) Glazing material. Glazing material used in windshields, 
windows, and doors on a motor vehicle manufactured on or after December 
25, 1968, shall at a minimum meet the requirements of Federal Motor 
Vehicle Safety Standard (FMVSS) No. 205 in effect on the date of 
manufacture of the motor vehicle. The glazing material shall be marked 
in accordance with FMVSS No. 205 (49 CFR 571.205, S6).
    (b) Windshields required. Each bus, truck and truck-tractor shall 
be equipped with a windshield. Each windshield or portion of a multi-
piece windshield shall be mounted using the full periphery of the 
glazing material.
    (c) Windshield condition. With the exception of the conditions 
listed in paragraphs (c)(1), (c)(2), and (c)(3) of this section, each 
windshield shall be free of discoloration or damage in the area 
extending upward from the height of the top of the steering wheel 
(excluding a 51 mm (2 inch) border at the top of the windshield) and 
extending from a 25 mm (1 inch) border at each side of the windshield 
or windshield panel. Exceptions:
    (1) Coloring or tinting which meets the requirements of paragraph 
(d) of this section;
    (2) Any crack that is not intersected by any other cracks;
    (3) Any damaged area which can be covered by a disc 19 mm (\3/4\ 
inch) in diameter if not closer than 76 mm (3 inches) to any other 
similarly damaged area.
    (d) Coloring or tinting of windshields and windows. Coloring or 
tinting of windshields and the windows to the immediate right and left 
of the driver is allowed, provided the parallel luminous transmittance 
through the colored or tinted glazing is not less than 70 percent of 
the light at normal incidence in those portions of the windshield or 
windows which are marked as having a parallel luminous transmittance of 
not less than 70 percent. The transmittance restriction does not apply 
to other windows on the commercial motor vehicle.
    (e) Prohibition on obstructions to the driver's field of view--(1) 
Devices mounted at the top of the windshield. Antennas, transponders, 
and similar devices must not be mounted more than 152 mm (6 inches) 
below the upper edge of the windshield. These devices must be located 
outside the area swept by the windshield wipers, and outside the 
driver's sight lines to the road and highway signs and signals.
    (2) Decals and stickers mounted on the windshield. Commercial 
Vehicle Safety Alliance (CVSA) inspection decals, and stickers and/or 
decals required under Federal or State laws may be placed at the bottom 
or sides of the windshield provided such decals or stickers do not 
extend more than 115 mm (4\1/2\ inches) from the bottom of the 
windshield and are located outside the area swept by the windshield 
wipers,

[[Page 1388]]

and outside the driver's sight lines to the road and highway signs or 
signals.

[FR Doc. 98-567 Filed 1-8-98; 8:45 am]
BILLING CODE 4910-22-P