Parts and Accessories Necessary for Safe Operation; General Amendments

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

49 CFR Parts 390, 392, and 393

[FHWA Docket No. MC-97-5; FHWA-97-2364]

RIN 2125-AD40

Parts and Accessories Necessary for Safe Operation; General

Amendments

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 April 14,

1997, notice of proposed rulemaking (NPRM) in which the agency proposed

amendments to part 393 of the Federal Motor Carrier Safety Regulations

(FMCSRs). The extension is in response to a request from the Motor and

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Equipment Manufacturers Association (MEMA). The FHWA has determined

that granting the extension is appropriate given the complexity of the

NPRM and the need for informed responses from potential commenters.

DATES: Signed, written comments must be received on or before July 28,

1997.

ADDRESSES: 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, DC

20590-0001. All comments received will be available for examination at

the above address between 10 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. Larry W. Minor, Office of Motor

Carrier Research and Standards, HCS-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, 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:

Background

On April 14, 1997 (62 FR 18170), the FHWA published a NPRM

concerning part 393 of the Federal Motor Carrier Safety Regulations

(FMCSRs), and requesting comments on the proposed amendments by June

13, 1997. The proposed changes are intended to remove obsolete and

redundant regulations; respond to several petitions for rulemaking;

provide improved definitions of vehicle types, systems, and components;

resolve inconsistencies between part 393 and the National Highway

Traffic Safety Administration's Federal Motor Vehicle Safety Standards

(49 CFR 571); and codify certain FHWA regulatory guidance concerning

the requirements of part 393. Generally, the amendments do not involve

the establishment of new or more stringent requirements but a

clarification of existing requirements. The FHWA indicated that this

action is consistent with the President's Regulatory Reinvention

Initiative and furthers the FHWA's ongoing Zero-Base Regulatory Review

in that it proposes to make many sections more concise, easier to

understand and more performance oriented.

Request for an Extension of the Comment Period

The Motor and Equipment Manufacturers Association (MEMA) requested

a 30-day extension of the comment period in order to develop

``meaningful and responsive comments, in part supported by testing and

other technical data which will take additional time to assemble. * *

*'' The MEMA specifically requested additional time to formulate

comments in response to the proposed amendments in Sec. 393.25,

Requirements for lamps other than head lamps, Sec. 393.45, Brake tubing

and hose, adequacy, and Sec. 393.46, Brake tubing and hose connections.

A copy of the MEMA request is included in the docket.

FHWA Decision

The FHWA has determined that the request should be granted, given

the complexity of the Society of Automotive Engineers (SAE) recommended

practices and standards that the agency proposed to incorporate by

reference. The FHWA proposed that marker lamps on projecting loads, all

lamps temporarily attached to vehicles transported in driveaway-towaway

operations, and all lamps on converter dollies and pole trailers be

required to meet the following applicable SAE standards: J586--``Stop

Lamps for Use on Motor Vehicles Less Than 2032 mm in Overall Width,''

December 1989; J1398--``Stop Lamps for Use on Motor Vehicles 2032 mm or

More in Overall Width,'' May 1985; J585--``Tail Lamps (Rear Position

Lamps) for Use on Motor Vehicles Less Than 2032 mm in Overall Width,''

December 1994; J588--``Turn Signal Lamps for Use on Motor Vehicles Less

Than 2032 mm in Overall Width,'' December 1994; J2040--Tail Lamps (Rear

Position Lamps) for Use on Motor Vehicles 2032 mm or More in Overall

Width,'' June 1991; J588--``Turn Signal Lamps for Use on Motor Vehicles

Less Than 2032 mm in Overall Width,'' December 1994; J1395--``Front and

Rear Turn Signal Lamps for Use on Motor Vehicles 2032 mm or More

Overall Width,'' June 1991; J592--``Clearance, Side Marker, and

Identification Lamps,'' December 1994.

The agency also proposed that amber Class 2 or Class 3, 360 degree

warning lamps must meet SAE J845--``360 Degree Warning Lamp for

Authorized Emergency, Maintenance and Service Vehicles,'' March 1992.

Class 1, 360 degree warning lamps would be prohibited. Amber flashing

warning lamps would be required to meet SAE J595--``Flashing Warning

Lamps for Authorized Emergency, Maintenance and Service Vehicles,''

January 1990. Amber Class 2 or Class 3 gaseous discharge warning lamps

would be required to meet SAE J1318--``Gaseous Discharge Warning Lamp

for Authorized Emergency, Maintenance, and Service Vehicles,'' April

1986.

With regard to brake hoses, the FHWA proposed that coiled nylon

brake hose or hose assemblies must meet SAE J844, ``Nonmetallic Air

Brake System Tubing,'' October 1994. The proposed regulation would list

the three exceptions that the National Highway Traffic Safety

Administration's brake hose standard, 49 CFR 571.106, provides for

coiled nylon brake tubing. Paragraphs S7.3.6 (length change), S7.3.10

(tensile strength), and S7.3.11 (tensile strength of an assembly after

immersion in water) of 49 CFR 571.106 cross reference Sec. 393.45 and

indicate that certain coiled tubing that meets the requirements of

Sec. 393.45 is not required to meet the testing requirements described

in those paragraphs.

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 FHWA MC 97-5; FHWA-97-

2364 for a 45-day period, to July 28, 1997.

All comments received before the close of business on the comment

closing date 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

the comment closing date, and interested parties should continue to

examine the docket for new materials.

List of Subjects in 49 CFR Part 390

Highway safety, Highways and roads, Intermodal transportation,

Motor carriers, Motor vehicle identification, Motor vehicle safety,

Reporting and recordkeeping requirements.

49 CFR Part 392

Highway safety, Highways and roads, Motor carriers--driving

practices, Motor vehicle safety.

49 CFR Part 393

Highways and roads, Incorporation by reference, Motor carriers,

Motor vehicle equipment, Motor vehicle safety.

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

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Issued on: June 6, 1997.

Jane Garvey,

Acting Federal Highway Administrator.

[FR Doc. 97-15440 Filed 6-11-97; 8:45 am]

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