[Federal Register Volume 68, Number 142 (Thursday, July 24, 2003)]
[Proposed Rules]
[Page 43891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18600]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 393

[Docket No. FMCSA-1997-2213 (Formerly FHWA Docket No. MC-93-34]
RIN 2126-AA12 (formerly RIN 2125-AD25)


Parts and Accessories Necessary for Safe Operation; Sleeper 
Berths on Motorcoaches; Withdrawal

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

ACTION: Notice of withdrawal of proposed rulemaking.

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SUMMARY: The FMCSA withdraws its January 12, 1994 Advance Notice of 
Proposed Rulemaking (ANPRM) relating to the use and design of driver 
sleeper berths used by the motorcoach industry. Due to other regulatory 
priorities and minimal interest by the industry concerning this issue, 
no further action was taken by the FMCSA after publication of the 
ANPRM. At this time FMCSA chooses not to establish potentially design-
restrictive regulatory standards for the use of sleeper berths on 
motorcoaches without authoritative research to guide their development. 
Accordingly, the January 12, 1994 ANPRM regarding the use and design of 
motorcoach sleeper berths is withdrawn.

DATES: The advance notice of proposed rulemaking published on January 
12, 1994, at 59 FR 1706 is withdrawn as of July 24, 2003.

FOR FURTHER INFORMATION CONTACT: John Steinhoff, Chief, Commercial 
Passenger Carrier Safety Division, (202) 366-2174, Office of Bus and 
Truck Standards and Operations, Federal Motor Carrier Safety 
Administration, Department of Transportation, 400 Seventh Street, SW., 
Washington, DC 20590.

SUPPLEMENTARY INFORMATION: On January 12, 1994, the Federal Highway 
Administration (FHWA) (now FMCSA), issued an ANPRM requesting public 
comment on the use and design of driver sleeper berths used by the 
motorcoach industry (59 FR 1706). This action was taken in response to 
comments received in past years from the motorcoach industry, and ones 
offered specifically at a motorcoach industry Zero-Base Review (an 
initiative in which the agency presumed that no prior regulations 
existed, and started drafting from a clean slate, or as if we had 
``zero'' regulations). The hearing was held in Miami, Florida, on 
January 20, 1993. There was some concern among the industry that when 
the current sleeper berth regulations at 49 CFR 393.76 were 
promulgated, the differences in design and operation between 
motorcoaches and trucks may not have been considered by the agency.
    The FHWA received nine comments to the docket in response to the 
ANPRM. The comments varied as to whether the regulations should be 
amended and whether the agency should prohibit the placement of a 
sleeper berth in the baggage area (under the passenger compartment) of 
a motorcoach. The current regulation prohibits placement of the sleeper 
berth in the cargo compartment. Some commenters believed that specific 
sleeper berth standards for motorcoaches would improve safety by 
improving the physical well-being of the driver and by providing an 
opportunity for a relief driver to get adequate rest.
    Due to other regulatory priorities and a minimal interest by the 
industry concerning this issue, no further action was taken by the 
FMCSA after these comments were received.
    Operationally, the motorcoach industry rarely uses sleeper berths, 
choosing to transport replacement drivers to rely points for the few 
non-stop trips that are longer than 500 miles in length. The vast 
majority of motorcoach trips are broken into segments where less than 
10 hours of driving are required. Therefore, FMCSA believes there is no 
urgent safety need for the agency to initiate regulatory action on this 
matter.
    The FMCSA believes there is presently no research on which to base 
the development of new, motorcoach-oriented sleeper berth 
specifications. The current requirement in Sec.  393.76 sets forth the 
minimum specifications for sleeper berths, and these are far exceeded 
by the present-day truck manufacturers. While Sec.  393.76 is geared 
more toward sleeper berth installations in the truck environment, the 
basic principles set forth for trucks could also be adhered to by 
motorcoach manufacturers. These principles include: a prohibition from 
placing the sleeper berth in the cargo compartment (in this case, the 
luggage compartment), a requirement for an exit from the sleeper berth 
into the driver's compartment (in this case, the passenger compartment, 
which also includes the driver's location), and provision for occupant 
restraint meeting the spirit of paragraph (h) of Sec.  393.76. When 
conducting roadside inspections and compliance reviews, FMCSA considers 
these principles in applying the language of Sec.  393.76 to sleeper 
berths installed in motorcoaches.
    At this time, the FMCSA chooses not to develop regulatory standards 
for the use of sleeper berths on motorcoaches without authoritative 
research to guide their development. This could result in design 
restrictive requirements. Rather, the agency intends to work with the 
motorcoach manufacturers, the motorcoach industry, and safety 
organizations, such as the Commercial Vehicle Safety Alliance, to 
explore the development of a voluntary industry standard for motorcoach 
sleeper berth manufacture and maintenance. The FMCSA intends to work 
with these organizations to determine how the principles of Sec.  
393.76 apply to current and future motorcoach design and operations.
    For these reasons, the January 12, 1994 ANPRM is withdrawn.

    Issued on: July 11, 2003.
Annette M. Sandberg,
Acting Administrator
[FR Doc. 03-18600 Filed 7-23-03; 8:45 am]
BILLING CODE 4910-EX-M