[Federal Register Volume 64, Number 86 (Wednesday, May 5, 1999)]
[Proposed Rules]
[Pages 24128-24129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11213]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

49 CFR Parts 390 and 396

[FHWA Docket No. FHWA-98-3656]
RIN 2125-AE40


General Requirements; Inspection, Repair, and Maintenance; 
Intermodal Container Chassis and Trailers

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 February 17, 
1999, advance notice of proposed rulemaking (ANPRM) in which the agency 
announced that it was considering revisions to the requirements in 
parts 390 and 396 of the Federal Motor Carrier Safety Regulations 
(FMCSRs) that place upon motor carriers the responsibility for 
maintaining intermodal container chassis and trailers. The rulemaking 
was initiated in response to a petition filed by the American Trucking 
Associations, Inc. (ATA) and the ATA Intermodal Conference (the 
petitioners). In the petition, the petitioners contend that motor 
carriers have no opportunity to maintain this equipment and parties who 
do have the opportunity often fail to do so. The petitioners now 
request that the FHWA extend the comment period to allow them 
additional time to collect and analyze certain data needed to respond 
to the specific questions asked in the ANPRM. In response to the 
petitioners' request for an extended comment period, the National 
Association of Waterfront Employers (NAWE) and the National Maritime 
Safety Association (NMSA) also requested an extension of time to file 
their comments, but 30 days beyond anytime the FHWA may grant to the 
petitioners. The FHWA has determined that granting an extension is 
appropriate given the types of questions asked in the ANPRM and the 
need for informed responses from potential commenters. The FHWA also 
has determined that granting the NAWE and the NMSA a further 30-day 
extension beyond that afforded to petitioners is not appropriate.

DATES: Comments must be received on or before August 30, 1999.

ADDRESSES: Signed, written 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, D.C. 20590-0001. All comments received will be available 
for examination at the above address between 9 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. Richard H. Singer, Office of Motor 
Carrier Research and Standards, HMCS-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. [TDD number for the hearing impaired: 1-800-699-7828] 
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.

Background

    The American Trucking Associations, Inc. and the ATA Intermodal 
Conference filed a petition for rulemaking on March 17, 1997, to amend 
49 CFR parts 390 and 396 of the FMCSRs. The petitioners asked the FHWA 
to require parties that tender intermodal equipment to motor carriers 
to ensure the ``roadworthiness'' of that equipment. The petitioners 
argue that poor maintenance of intermodal equipment is a serious safety 
problem and request the FHWA to make the owner or operator of such 
equipment responsible for the roadworthiness of the vehicles it tenders 
to motor carriers.
    On February 17, 1999, the FHWA published an ANPRM (64 FR 7849) 
seeking information on the extent of the problem identified by the 
petitioners, and public comments on the solution proposed by the 
petitioners, i.e., to mandate joint responsibility between the 
equipment provider and the motor carrier for maintaining this type of 
intermodal equipment. The closing date for comments was April 19, 1999.
    On April 2, 1999, the FHWA received a request from the petitioners 
to extend the comment period. The petitioners indicated that they have 
been trying to develop current and accurate information to respond to 
the specific questions the FHWA asked in the ANPRM. The petitioners 
have submitted a request for roadside inspection data from the FHWA's 
Office of Data Analysis and Information Systems. The petitioners will 
analyze inspection data for 100 motor carriers that operate exclusively 
in the intermodal segment of the trucking industry. The petitioners 
believe that because of the nature of these motor carrier operations, 
and the diversity of their geographic locations, the information could 
be useful in responding to certain questions in the ANPRM. A copy of 
the petitioners' request for an extension of the comment period is 
included in Docket No. FHWA-98-3656.
    On April 13, 1999, the FHWA received a request on behalf of the 
NAWE and the NMSA for an extension of time for ``opponents'' of the 
rulemaking requested by ATA to file comments. The NAWE and the NMSA 
believe that the Carriers Container Council, Inc. and the United States 
Maritime Alliance, Ltd. will also submit a similar request, but it has 
not yet been received by the FHWA. Furthermore, the NAWE and the NMSA 
would like ``an extension to 30 days beyond any enlarged date which the 
Agency may grant to the Petitioners.'' They believe ``only under this 
procedure will opponents of Petitioners'' proposed rule be able to 
examine Petitioners' evidence in any meaningful manner, and be in a 
position to respond.'' The NAWE and the NMSA further state ``We 
recognize that the Agency bears the ultimate burden of persuasion 
should the Agency decide to further pursue a rulemaking. However, under 
the circumstances, we submit that only an adversarial type proceeding 
strictly adhering to APA [Administrative Procedures Act] requirements 
will produce a reliable and factual record.'' A copy of the NAWE and 
NMSA request for an extension of the comment period is also included in 
Docket No. FHWA-98-3656.

[[Page 24129]]

FHWA Decision

    The FHWA has determined that the comment period should be extended 
for approximately 120 days, given the difficulty that interested 
parties are, or may be experiencing, in gathering and analyzing 
roadside inspection and maintenance data necessary to provide 
meaningful responses to the questions asked in the ANPRM. 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 No. FHWA-98-3656 to August 30, 1999.
    All comments received before the close of business on August 30, 
1999, 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 
August 30, 1999, and interested parties should continue to examine the 
docket for new materials.
    The FHWA will not grant the NAWE and the NMSA an extension of time 
to file comments that is not afforded to other commenters. This is an 
ANPRM in which the FHWA notified the public that they were considering 
an area for rulemaking and requested written comments by April 19, 
1999, on the appropriate scope of the rulemaking and on specific 
topics. The agency believes that the ANPRM rulemaking can be extremely 
helpful in narrowing the issues during the public comment period on the 
proposed rule. We have determined that granting an extension of the 
comment period to petitioners is appropriate, but we cannot extend the 
comment period for one group beyond a period that is not afforded to 
others. Informal rulemakings under the APA are not adversarial 
proceedings, though parties often disagree on the need for, or content 
of, rules. If the agency decides to publish a notice of proposed 
rulemaking in the future, interested parties (including the NAWE and 
the NMSA) will be given an opportunity to respond to comments submitted 
by the ATA and others in the ANPRM, and they can submit written data, 
views, or arguments on the proposal. Accordingly, the FHWA will not 
grant the NAWE and the NMSA's 30-day extension request to file comments 
beyond the date granted to petitioners.

List of Subjects

49 CFR Part 390

    Highway safety, Highways and roads, Motor carriers, Motor vehicle 
identification and marking, Reporting and recordkeeping requirements.

49 CFR Part 396

    Highway safety, Highways and roads, Motor carriers, Motor vehicle 
maintenance, Motor vehicle safety, Reporting and recordkeeping 
requirements.

    Authority: 49 U.S.C. 504, 31133, 31136, and 31502; and 49 CFR 
1.48.

    Issued on: April 27, 1999.
Gloria J. Jeff,
Federal Highway Deputy Administrator.
[FR Doc. 99-11213 Filed 5-4-99; 8:45 am]
BILLING CODE 4910-22-P