[Federal Register Volume 68, Number 36 (Monday, February 24, 2003)]
[Proposed Rules]
[Pages 8580-8581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4228]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 390 and 396

[Docket No. FMCSA-98-3656]
RIN 2126-AA38


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

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of extension of comment period.

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SUMMARY: The FMCSA is extending the comment period while it continues 
to explore the feasibility of conducting a negotiated rulemaking (Reg 
Neg) concerning maintenance of intermodal container chassis and 
trailers. The FMCSA has hired a convenor to speak to interested parties 
about the idea of a Reg Neg. The American Association of Railroads 
(AAR) has requested an extension of time to give a working group 
additional time to determine if a private-sector solution can be 
developed. The FMCSA is granting the AAR's request.

DATES: Please submit your comments by April 10, 2003.

ADDRESSES: Please mail or hand deliver comments about this notice to 
the U.S. Department of Transportation, Dockets Management Facility, 
Room PL-401, 400 Seventh Street, SW., Washington,

[[Page 8581]]

DC 20590; fax to the Docket Management Facility at 202-493-2251; or 
submit electronically at http://dms.dot.gov. Please include the docket 
number that appears in the heading of this document in your comments. 
You can copy or examine all comments received at the above street 
address from 9 a.m. to 5 p.m., e.t., Monday through Friday, except 
Federal holidays and on-line at http://dms.dot.gov. If you want 
notification of receipt of comments please include a self-addressed, 
stamped postcard.
    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78). This statement 
is also available at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Ms. Deborah M. Freund, Vehicle and 
Roadside Operations Division (MC-PSV), Office of Bus and Truck 
Standards and Operations, (202) 366-4009, Federal Motor Carrier Safety 
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: On November 29, 2002, the FMCSA published a 
notice that it is studying the feasibility of using the Reg Neg process 
to develop a rulemaking action concerning the maintenance of intermodal 
container chassis and trailers.
    On January 13, 2003, counsel for the AAR filed a request for an 
extension of the comment period to allow additional time for filing 
comments after a planned January 22 meeting of the Intermodal 
Association of North America (IANA) and the Ocean Carrier Equipment 
Management Association (OCEMA).
    The IANA/OCEMA working group has been engaged in developing a 
private-sector solution to the assignment of responsibility for 
maintaining intermodal chassis and trailers. The outcome of the IANA/
OCEMA discussions could well influence the FMCSA's decision to proceed 
with a negotiated rulemaking activity. Although IANA and OCEMA do not 
invite the FMCSA to its meetings, the agency believes that its working 
group is making important progress, and that additional meetings taking 
place in early 2003 may produce a private-sector solution acceptable to 
IANA, OCEMA, AAR, and other parties involved in the provision and 
maintenance of intermodal equipment.
    On January 30, 2003, the AAR requested the agency refrain from 
instituting a negotiated rulemaking proceeding until after April 1, 
2003, to provide the working group additional time to determine if a 
private-sector solution can be developed.
    Based on this information, the FMCSA grants the AAR's request to 
extend the comment period. The FMCSA is extending the comment period an 
additional 45 days, until April 10, 2003. This extension will also 
allow the agency's contracted convenor to gather additional information 
and provide a more comprehensive report to assist the agency in 
deciding whether it should institute a negotiated rulemaking 
proceeding.
    The FMCSA will continue to provide any comments it receives in 
reaction to the November 29, 2002, notice to the convenor and will file 
the comments in docket FMCSA-98-3656. If you want to submit comments to 
this notice directly to the docket, use the addresses above under the 
heading ADDRESSES.
    All comments received before the close of business on the comment 
closing date shown above will be considered and will be available for 
examination in the FMCSA Docket at the above address. Comments received 
after the comment closing date will be filed in the FMCSA Docket 
identified above and will be considered to the extent practicable, but 
the FMCSA may issue a convenor's report anytime after the close of the 
comment period. In addition to late comments, the FMCSA will also 
continue to file in the docket relevant information that becomes 
available after the comment closing date, and interested persons should 
continue to examine the docket for new material.
    If you would like to file a request for an additional extension of 
time to comment in accordance with 49 CFR 389.19, please submit it to 
the address in Sec.  389.31.

    Issued on: February 13, 2003.
Pamela M. Pelcovits,
Acting Associate Administrator for Policy and Program Development.
[FR Doc. 03-4228 Filed 2-21-03; 8:45 am]
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