[Federal Register Volume 63, Number 196 (Friday, October 9, 1998)]
[Proposed Rules]
[Pages 54432-54433]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-27230]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

49 CFR Parts 395 and 396

[FHWA Docket No. FHWA-98-3414]
RIN 2125-AE35


Out-of-Service Criteria; Extension of Comment Period

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Re-opening of docket; request for comments.

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SUMMARY: The FHWA is re-opening Docket No. FHWA-98-3414 for a period of 
sixty (60) days. On July 20, 1998, the FHWA published an advance notice 
of proposed rulemaking (ANPRM) in which the agency sought comment 
concerning use of the ``North American Uniform Out-of-Service 
Criteria'' (OOS Criteria) (63 FR 38791). This action today is taken in 
response to a written request from the Advocates for Highway and Auto 
Safety (AHAS). The FHWA has determined that re-opening the docket is 
appropriate given the complexity of the ANPRM and the need for informed 
public comment. The docket will be open for an additional period of 60 
days.

DATES: Comments should be received on or before December 8, 1998.

ADDRESSES: Signed, written comments should refer to the docket number 
appearing 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. Robert F. Schultz, Jr., Office of 
Motor Carrier Research and Standards (HCS-10), (202) 366-4009, or Mr. 
Charles Medalen (HCC-20), Office of the Chief Counsel, (202) 366-1354, 
Federal Highway Administration, Department of Transportation, 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:

Electronic Access

    Internet users can access all comments received by the U.S. DOT 
Dockets, Room PL-401, by using the universal resource locator 
(URL):http://dms.dot.gov. It is available 24 hours each day, 365 days 
each year. Please follow the instructions online for more information 
and help.
    An electronic copy of this document may be downloaded using a modem 
and suitable communications software from the Government Printing 
Office's Electronic Bulletin Board Service at (202) 512-1661. Internet 
users may reach the Federal Register's home page at: http://
www.nara.gov/fedreg and the Government Printing Office's database at: 
http://www.access.gpo.gov/nara.

SUPPLEMENTARY INFORMATION:

Background

    On July 20, 1998 (63 FR 38791), the FHWA published an ANPRM 
concerning use of the OOS Criteria, and requested comments on the 
proposed amendments on or before September 18, 1998. The OOS Criteria 
are a reference guide developed and maintained by the Commercial 
Vehicle Safety Alliance (CVSA). They are not part of the Federal Motor 
Carrier Safety Regulations. During roadside inspections, Federal, State 
and local safety inspectors use the OOS Criteria as a guide in 
determining whether to place commercial motor vehicles (CMVs) or 
drivers of CMVs out-of-service. The guide enumerates conditions which 
the CVSA membership has agreed are sufficiently hazardous to justify 
restricting further operation.

Request for an Extension of the Comment Period

    The AHAS requested an extension of thirty (30) days by letter dated 
September 1, 1998. A copy of the letter will be placed in the docket. 
The AHAS commented that additional time is needed to review the merits 
of this action, and that other FHWA dockets closing at about the same 
time have strained their resources.
    Nineteen (19) responses to the ANPRM had been received as of 
September 25, 1998. Other parties have orally expressed interest in 
responding and have stated that they are having difficulty doing so by 
the deadline.

[[Page 54433]]



FHWA Decision

    The FHWA is mindful of the need for all interested parties to have 
enough time to prepare relevant and useful comments. The FHWA has 
determined that the complexity of the ANPRM and the prospect of 
receiving additional responses to the ANPRM weighs in favor of re-
opening the docket for an additional period of 60 days.
    The FHWA therefore is extending the comment period on FHWA Docket 
No. FHWA-98-3414 for a 60-day period.
    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

49 CFR Part 395

    Highway safety, Motor Carriers, Motor vehicle safety, Reporting and 
recordkeeping requirements.

49 CFR Part 396

    Highway safety, Motor carriers, Motor vehicle safety, Reporting and 
recordkeeping requirements.

    Authority: 49 U.S.C. 31133, 31136, 31310, and 31502; sec. 345, 
Pub.L. 104-59, 109 Stat. 568, 613; and 49 CFR 1.48.

    Issued on: October 2, 1998.
Kenneth R. Wykle,
Federal Highway Administrator.
[FR Doc. 98-27230 Filed 10-8-98; 8:45 am]
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