[Federal Register Volume 72, Number 111 (Monday, June 11, 2007)]
[Rules and Regulations]
[Pages 32011-32014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-11112]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 393

[Docket No. FMCSA-1997-2364]
RIN 2126 AB07


Parts and Accessories Necessary for Safe Operation; Lamps and 
Reflective Devices

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

ACTION: Final rule.

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SUMMARY: FMCSA amends its regulations concerning parts and accessories 
necessary for safe operation in response to a petition for 
reconsideration filed by the Truck Manufacturers Association. As 
requested by a petitioner, this amendment resolves an inconsistency 
between FMCSA's Federal Motor Carrier Safety Regulations and the 
National Highway Traffic Safety Administration's Federal Motor Vehicle 
Safety Standards.

DATES: This rule is effective July 11, 2007.

FOR FURTHER INFORMATION CONTACT: Mr. Jeffrey J. Van Ness, phone (202) 
366-8802, Vehicle and Roadside Operations Division, Office of Bus and 
Truck Standards and Operations, Federal Motor Carrier Safety 
Administration, 400 Seventh Street, SW., Washington, DC 20590.

SUPPLEMENTARY INFORMATION:

Legal Basis for the Rulemaking

    The legal basis for the August 15, 2005, final rule entitled 
``Parts and Accessories Necessary for Safe Operation; General 
Amendments,'' was set forth in detail there [70 FR 48008-

[[Page 32012]]

48009]. That legal basis statement also applies here and will not be 
reprinted.
    One purpose of the 2005 rule, as described in the legal basis 
section, was to ``resolve inconsistencies between [49 CFR] part 393 and 
the National Highway Traffic Safety Administration's Federal Motor 
Vehicle Safety Standards (49 CFR part 571) * * *'' [70 FR 48008]. This 
rule responds to a petition for reconsideration of the 2005 rule. 
Petitioner has brought to the Federal Motor Carrier Safety 
Administration's (FMCSA) attention another inconsistency, this one 
between a provision on auxiliary lamps adopted in the 2005 rule [49 CFR 
383.11(d)] and a National Highway Traffic Safety Administration (NHTSA) 
interpretation of its standard for ``Lamps, reflective devices, and 
associated equipment'' [49 CFR 571.108, S5.1.3], which was issued 
almost simultaneously. In resolving the new inconsistency, this rule 
simply completes the process begun in 2005.

Background

    On August 15, 2005, FMCSA published a final rule that amended 49 
CFR part 393, Parts and Accessories Necessary for Safe Operation (70 FR 
48008). The amendments removed obsolete and redundant regulations; 
responded to several petitions for rulemaking; provided improved 
definitions of vehicle types, systems, and components; resolved 
inconsistencies between 49 CFR part 393 and NHTSA's Federal Motor 
Vehicle Safety Standards (FMVSSs) (49 CFR part 571); and codified 
certain FMCSA regulatory guidance concerning the requirements of 49 CFR 
part 393. Generally, the amendments did not establish new or more 
stringent requirements, but merely clarified existing requirements. The 
final rule was intended to make many sections more concise, easier to 
understand, and more performance-oriented.
    The final rule was based on a notice of proposed rulemaking (NPRM) 
published by the Federal Highway Administration (FHWA) on April 14, 
1997 (62 FR 18170). FHWA had received numerous petitions for rulemaking 
and requests for interpretation of the requirements of 49 CFR part 393, 
which suggested the need for amendments to clarify several provisions 
of the safety regulations. In addition, NHTSA, the Federal agency 
responsible for establishing safety standards for the manufacture of 
motor vehicles and certain motor vehicle equipment, had made several 
amendments to its FMVSSs that necessitated amendments to the Federal 
Motor Carrier Safety Regulations (FMCSRs) in order to eliminate 
inconsistencies between 49 CFR parts 393 and 571.

Petition for Reconsideration of Sec.  393.11

Summary

    On September 6, 2005, the Truck Manufacturers Association (TMA) 
submitted a petition for reconsideration of FMCSA's August 15, 2005, 
final rule. The TMA is an association of medium and heavy-duty truck 
manufacturers located in Washington, DC. Member companies include Ford 
Motor Company; Freightliner LLC; General Motors Corporation; 
International Truck and Engine Corporation; Isuzu Motors America, Inc.; 
Mack Trucks, Inc.; PACCAR, Inc.; and Volvo Trucks North America, Inc. 
The TMA identified what it believes is ``an unintended inconsistency'' 
between one of the requirements of FMCSA's August 15, 2005, final rule 
and a recent interpretation it had received from NHTSA. Specifically, 
the final rule amended Sec.  393.11(d), ``Prohibition on the use of 
auxiliary lamps that supplement the identification lamps,'' to state:

    No commercial motor vehicle may be equipped with lamps that are 
in a horizontal line with the required identification lamps unless 
those lamps are required by this regulation.

    However, TMA notes that the language above contradicts guidance on 
the same issue provided by NHTSA in a letter of interpretation, dated 
July 28, 2005. Where the above language prohibits all auxiliary lamps 
that are in a horizontal line with the required identification lamps, 
the NHTSA regulation [S5.1.3 of FMVSS No. 108, Lamps, Reflective 
Devices, and Associated Equipment] only ``prohibits installation of 
lamps that would impair the effectiveness of the required lighting.''
    The NHTSA's interpretation letter clarifies that additional lamps 
may be installed on commercial motor vehicles provided that the 
auxiliary lamps are positioned at a distance that is at least twice the 
distance that separates each lamp in the required three-lamp cluster.
    Representatives from FMCSA met with NHTSA to discuss the rationale 
used in developing the position set forth in the interpretation letter 
and how it relates to the TMA petition. The FMCSA agreed that NHTSA's 
spacing guidelines for auxiliary lamps, outlined in the July 2005 
interpretation letter, ensure that the effectiveness of the three-lamp 
cluster is not impaired by auxiliary lighting devices. Therefore, FMCSA 
granted TMA's petition. Today's final rule amends the August 2005 final 
rule by deleting Sec.  393.11(d).

Background

    For vehicles of 80 or more inches in overall width, Table II of 
FMVSS No. 108 requires that three amber identification lamps (three-
lamp cluster) be located as close as practicable to the top center of 
the vehicle or the cab with lamps placed 6 to 12 inches apart. The 
function of this three-lamp cluster is to indicate the presence of a 
large vehicle on the roadway. Table II of FMVSS No. 108 also requires 
that two amber clearance lamps be installed ``to indicate the overall 
width of the vehicle * * * and as near the top thereof as 
practicable.'' In addition, S5.1.3 of FMVSS No. 108 prohibits the 
installation of lamps that would impair the effectiveness of the 
required lighting, including the identification lamp cluster.
    The NHTSA has long maintained that highway traffic safety is 
enhanced by the familiarity of drivers with established lighting 
schemes, which facilitates their ability to instantly recognize the 
meaning the lamps convey and to respond accordingly. The NHTSA 
previously explained in opinion letters that auxiliary lamps must be 
located so that they would not interfere or be confused with the lamps 
required by FMVSS No. 108. FMCSA concluded that Sec.  393.11(d) was 
appropriate and consistent with NHTSA's previous enforcement guidance.
    However, several weeks before the 49 CFR part 393 final rule was 
published on August 15, 2005, TMA had written to NHTSA requesting an 
interpretation regarding the installation of certain auxiliary lighting 
on heavy-duty trucks and truck tractors. In part, TMA asked about 
installing auxiliary lamps in the vicinity of the front identification 
and clearance lamps--the issue specifically addressed in Sec.  
393.11(d). The NHTSA responded to TMA on July 28, 2005--less than two 
weeks before FMCSA's final rule was issued--and provided the following 
information:

    * * * [A]uxiliary lamps located immediately adjacent to the 
three-lamp cluster would not be permitted by FMVSS No. 108 because 
they would impair the effectiveness of identification lamps. The 
purpose of the three-lamp cluster requirement is to signal the 
presence of a large vehicle to other drivers. The number of lamps, 
three, is a part of the signal, and additional lamps could make the 
signal less recognizable.

However, NHTSA recognized ``the need for guidance with respect to the 
permissible positioning of auxiliary

[[Page 32013]]

lamps located between the clearance lamps and the three-lamp cluster.'' 
And NHTSA concluded that ``positioning auxiliary lamps at a distance 
that is at least twice the distance that separates each lamp in the 
required three-lamp cluster provides sufficient separation not to 
impair the effectiveness of the three-lamp cluster.''
    Clearly, the guidance provided in NHTSA's July 2005 interpretation 
letter contradicts the regulatory language in Sec.  393.11(d), which 
prohibits any lamps that are in a horizontal line with the required 
identification lamps unless those lamps are required by regulation. The 
TMA notified FMCSA of this discrepancy via telephone on August 15, 
2005--the day the amendments to 49 CFR part 393 were published--and 
faxed a copy of the NHTSA interpretation letter to FMCSA. The TMA 
submitted its petition for reconsideration of the 49 CFR part 393 
amendments on September 6, 2005.
    It is important to note that neither FMCSA nor NHTSA ever expressly 
prohibited the installation of auxiliary lamps. In instances where 
manufacturers have chosen to install lamps in addition to those which 
are required by regulation [S5.1.3 of FMVSS No. 108], NHTSA 
interpretations have required only that the auxiliary lamps not impair 
the effectiveness of the required lighting. In general, both FMCSA and 
NHTSA believe that additional lamps will improve the conspicuity of 
trucks and trailers and, thus, increase highway safety, provided that 
the additional lamps do not interfere with and are not confused with 
the lamps required by FMVSS No. 108.
    However, the July 2005 interpretation letter to TMA represents the 
first time objective, measurable limits regarding the location and 
spacing of auxiliary lamps have been specified. The NHTSA determined 
that this was necessary to provide detailed guidance to TMA and others 
regarding the permissible positioning of auxiliary lamps located 
between the clearance lamps and the three-lamp cluster.
    The FMCSA believes that increased safety can be realized through 
improved conspicuity of vehicles. It is FMCSA's position that the 
installation of auxiliary lamps will not detract from the effectiveness 
of the required lighting provided that the spacing between the three-
lamp cluster and any auxiliary lamps is maintained as outlined in the 
NHTSA interpretation letter to TMA.

Conclusion

    FMCSA finds that positioning auxiliary lamps at a distance that is 
at least twice the distance that separates each lamp in the required 
three-lamp cluster provides sufficient separation to prevent the 
auxiliary lighting devices from decreasing the effectiveness of the 
three-lamp cluster.
    Further, FMCSA believes that it is important to maintain 
consistency, to the maximum extent practicable, between FMCSA and NHTSA 
regulations. Trucks and trailers that are configured with auxiliary 
lamps meeting the conditions outlined in NHTSA's July 2005 
interpretation letter are considered by FMCSA as fully compliant with 
the Federal safety regulations. FMCSA does not believe that it is 
appropriate to retain the current language in Sec.  393.11 which 
prohibits the installation of auxiliary lamps that are permitted by the 
NHTSA interpretation.
    Consistent with the above, FMCSA is rescinding Sec.  393.11(d) in 
this final rule.

Regulatory Analyses and Notices

Good Cause Exception to Notice and Comment

    FMCSA has determined that prior notice and opportunity for comment 
on this final rule are unnecessary. One of the stated purposes of the 
August 15, 2005, rule (Summary, 70 FR 48008) was to ``resolve 
inconsistencies between part 393 and the National Highway Traffic 
Safety Administration's Federal Motor Vehicle Safety Standards (49 CFR 
part 571).'' That point was driven home throughout the rule by repeated 
comparison of the two agencies' regulations and the adoption of 
amendments to make 49 CFR part 393 consistent with 49 CFR part 571. The 
section dealing with Sec.  393.11 (70 FR 48012-48013) was little more 
than a discussion of NHTSA actions that required changes to the FMCSA 
lighting rules.
    As it happened, the August 15, 2005, rule created an inconsistency 
with NHTSA's recently-issued interpretation of FMVSS No. 108. This 
final rule simply corrects one more anomaly. It imposes no additional 
costs or requirements on motor carriers and does not adversely affect 
safety. Therefore, FMCSA finds good cause pursuant to 5 U.S.C. 553(b) 
to adopt the rule without notice and comment.

Executive Order 12866 (Regulatory Planning and Review) and DOT 
Regulatory Policies and Procedures

    FMCSA has determined that this action is not a significant 
regulatory action within the meaning of Executive Order 12866 or 
Department of Transportation regulatory policies and procedures. This 
document is not required to be reviewed by the Office of Management and 
Budget. Because this rulemaking merely makes a minor change that will 
not result in additional costs, a regulatory evaluation has not been 
prepared by the Agency.

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-
612), FMCSA has considered the effects of this regulatory action on 
small entities and determined that this rule will not have a 
significant impact on a substantial number of small entities. Because 
this rulemaking merely makes a minor change that will not result in 
additional costs, a regulatory flexibility analysis has not been 
prepared by the Agency.

Unfunded Mandates Reform Act of 1995

    This rulemaking will not impose an unfunded Federal mandate, as 
defined by the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532 et 
seq.), that will result in the expenditure by State, local, and tribal 
governments in the aggregate or by the private sector of $120.7 million 
or more in any one year.

Executive Order 12988 (Civil Justice Reform)

    This action will meet applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Executive Order 13045 (Protection of Children)

    FMCSA has analyzed this action under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rulemaking does not concern an environmental risk to health 
or safety that may disproportionately affect children.

Executive Order 12630 (Taking of Private Property)

    This rulemaking will not effect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Civil Constitutionally 
Protected Property Rights.

Executive Order 13132 (Federalism)

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 13132. It has been determined 
that this rulemaking will not have a substantial direct effect on 
States nor will it limit the policy-making discretion of the

[[Page 32014]]

States. Nothing in this document will preempt any State law or 
regulation.

Executive Order 12372 (Intergovernmental Review)

    The regulations implementing Executive Order 12372 regarding 
intergovernmental consultation on Federal programs and activities do 
not apply to this program.

Paperwork Reduction Act

    This final rule does not contain a collection of information 
requirement for the purposes of the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.).

National Environmental Policy Act

    FMCSA analyzed this final rule for the purpose of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 
determined under FMCSA Order 5610.1 (69 FR 9680, March 1, 2004) that 
this action is categorically excluded (CE) under Appendix 2, paragraph 
6.b. from further environmental documentation. This CE relates to 
establishing regulations and actions taken pursuant to these 
regulations that are editorial in nature. In addition, FMCSA believes 
that the action includes no extraordinary circumstances that would have 
any effect on the quality of the environment. Thus, the action does not 
require an environmental assessment or an environmental impact 
statement.
    FMCSA also analyzed this final rule under the Clean Air Act (CAA), 
as amended section 176(c), (42 U.S.C. 7401 et seq.) and implementing 
regulations promulgated by the Environmental Protection Agency. 
Approval of this action is exempt from the CAA's general conformity 
requirement since it involves rulemaking activity which would not 
result in any emissions increase nor would it have any potential to 
result in emissions that are above the general conformity rule's de 
minimis emission threshold levels (40 CFR 93.153(c)(2)). Moreover, it 
is reasonably foreseeable that the rule would not increase total CMV 
mileage, change the routing of CMVs, change how CMVs operate, or change 
the CMV fleet-mix of motor carriers. This action merely rescinds a 
regulatory provision that conflicts with an NHTSA interpretation.

Executive Order 13211 (Energy Effects)

    FMCSA has analyzed this action under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. It has been determined that this action will not 
be a significant energy action under that order because it will not be 
economically significant and will not be likely to have a significant 
adverse effect on the supply, distribution, or use of energy.

List of Subjects for 49 CFR Part 393

    Highways and roads, incorporation by reference, motor carriers, 
motor vehicle equipment, motor vehicle safety.


0
In consideration of the foregoing, FMCSA amends 49 CFR part 393 as 
follows:

PART 393--PARTS AND ACCESSORIES NECESSARY FOR SAFE OPERATION

0
1. The authority citation for part 393 continues to read as follows:

    Authority: 49 U.S.C. 322, 31136, and 31502; section 1041(b) of 
Pub. L. 102-240, 105 Stat. 1914, 1993 (1991); and 49 CFR 1.73.


Sec.  393.11  [Amended]

0
2. Amend Sec.  393.11 by removing paragraph (d) and by revising the 
heading of Table 1 to read ``Table 1 of Sec.  393.11--Required Lamps 
and Deflectors on Commercial Motor Vehicles''.

    Issued on: May 30, 2007.
John H. Hill,
Administrator.
 [FR Doc. E7-11112 Filed 6-8-07; 8:45 am]
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