[Federal Register Volume 72, Number 43 (Tuesday, March 6, 2007)]
[Notices]
[Page 9999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-3813]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2005-21323]


Withdrawal of Regulatory Guidance Concerning the Use of Surge 
Brakes on Commercial Motor Vehicles

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

ACTION: Notice; withdrawal of regulatory guidance.

-----------------------------------------------------------------------

SUMMARY: FMCSA withdraws all prior regulatory guidance, previously in 
the Federal Register, as well as memoranda and letters issued by the 
Agency, indicating that surge brakes do not meet certain provisions of 
the Federal Motor Carrier Safety Regulations (FMCSRs). Elsewhere in 
today's issue of the Federal Register, FMCSA amends the FMCSRs to allow 
the use of automatic hydraulic inertia brake systems (surge brakes) on 
trailers when the ratios of gross vehicle weight ratings for the 
towing-vehicle and trailer are within certain limits.

FOR FURTHER INFORMATION CONTACT: Mr. Luke Loy, Federal Motor Carrier 
Safety Administration, Office of Policy and Program Development, 
Vehicle and Roadside Operations Division, Washington, DC 20590, phone 
(202) 366-0676, fax (202) 366-8842, e-mail [email protected].

SUPPLEMENTARY INFORMATION: On November 17, 1993, the Federal Highway 
Administration (FHWA) \1\ published ``Regulatory Guidance for the 
Federal Motor Carrier Safety Regulations,'' at 58 FR 60734. The 
publication included interpretations of 49 CFR 393.48, a rule that 
requires brakes to be operable at all times, and 49 CFR 393.49, the 
requirement that the braking system on CMVs be designed such that one 
brake application valve controls all the brakes on the vehicle. The 
Agency interpreted the regulations to prohibit the use of surge brakes 
on Commercial Motor Vehicles (CMVs) operated in interstate commerce. 
The regulatory guidance was republished on April 4, 1997, at 62 FR 
16370.
---------------------------------------------------------------------------

    \1\ The Motor Carrier Safety Improvement Act of 1999 [Public Law 
106-159, 113 Stat. 1748 (December 9, 1999)] established the FMCSA in 
the Department of Transportation. On January 4, 2000, the Office of 
the Secretary published a final rule delegating to the FMCSA 
Administrator the motor carrier safety functions required by MCSIA, 
which included certain motor carrier safety functions previously 
delegated to the FHWA (65 FR 200).
---------------------------------------------------------------------------

    The FMCSA subsequently issued an Enforcement Policy memorandum on 
September 14, 2004, directing Federal enforcement staff, and requesting 
State and local enforcement officials, temporarily to allow surge 
brakes on CMVs operated in interstate commerce, under certain 
conditions, pending completion of a notice-and-comment rulemaking 
proceeding through which a determination would be made whether surge 
brakes should be allowed on a permanent basis. A copy of that 
Enforcement Policy memorandum is in the docket cited at the beginning 
of this notice.
    A final rule issued by FMCSA, published elsewhere in today's issue 
of the Federal Register, amends the FMCSRs to allow the use of surge 
brakes. The final rule defines the term ``surge brake'', identifies the 
requirements for a surge brake system, and allows the use of automatic 
hydraulic inertia brake systems (surge brakes) on trailers when the 
ratios of gross vehicle weight ratings for the towing-vehicle and 
trailer are within certain limits. Therefore, in consideration of the 
final rule on surge brakes, the Agency withdraws all prior 
interpretations and regulatory guidance, issued previously in the 
Federal Register, as well as FMCSA memoranda and letters, stating that 
surge brakes do not meet the requirements of 49 CFR 393.48 and 393.49.

    Issued on: February 26, 2007.
John H. Hill,
Administrator.
 [FR Doc. E7-3813 Filed 3-5-07; 8:45 am]
BILLING CODE 4910-EX-P