Review of the Federal Motor Carrier Safety Regulations; Regulatory Removals and Substantive Amendments

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

49 CFR Parts 387, 390, 391, 392, 395, 396, and 397

[FHWA Docket No. MC-97-3]

RIN 2125-AD72

Review of the Federal Motor Carrier Safety Regulations;

Regulatory Removals and Substantive Amendments

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Extension of comment period.

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SUMMARY: The FHWA published a notice of proposed rulemaking (NPRM) in

the Federal Register on January 27, 1997 (62 FR 3855), in which the

agency requested comments on its intent to remove, amend, and

redesignate certain regulations in parts 387, 390, 391, 392, 395, 396,

and 397 of the Federal Motor Carrier Safety Regulations (FMCSRs). The

comment period for the NPRM was scheduled to close on March 28, 1997.

In response to a request for an extension of the comment period, the

FHWA is extending the comment period until May 12, 1997.

DATES: Comments must be received no later than May 12, 1997.

ADDRESSES: All signed, written 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. Peter C. Chandler, Office of Motor

Carrier Research and Standards, (202) 366-5763, or Mr. Charles E.

Medalen, Office of the Chief Counsel, (202) 366-1354, Federal Highway

Administration, Department of Transportation, 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

The first FMCSRs were promulgated in 1937. The FMCSRs have been

amended many times during the past 60 years. In September 1992, the

FHWA began a comprehensive multi-year project to develop modern,

uniform safety regulations that are up to date, clear, concise, easier

to understand, and more performance oriented. This project has been

named the Zero Base Regulatory Review.

Consistent with the Zero Base project and the President's

Regulatory Reinvention Initiative, the FHWA published an NPRM in the

Federal Register on January 27, 1997 (62 FR 3855), in which the agency

requested comments on its intent to remove, amend, and redesignate

certain regulations concerning financial responsibility; general

applicability and definitions; accident recordkeeping requirements;

qualifications of drivers; driving of commercial motor vehicles; hours

of service of drivers; inspection, repair, and maintenance; and the

transportation of hazardous materials. These regulations were

identified as being obsolete, redundant, unnecessary, ineffective,

burdensome, more appropriately regulated by State and local

authorities, better addressed by company policy, in need of

clarification, or more appropriately contained in another section.

The National Tank Truck Carriers, Inc. (NTTC) requested the FHWA to

extend the comment period of the NPRM by 30 days. The NTTC explained

that it will be holding an annual meeting in early April and a review

of the NPRM is planned at the meeting. The timing of the meeting would

make the NTTC unable to submit substantive comments to the docket on

behalf of its membership by the March 28, 1997, deadline.

The FHWA has decided to grant a 45 day extension of the comment

period. Because of the importance of the rulemaking, and the volume and

complexity of issues raised in it, the FHWA believes that the public

interest would be served by permitting the NTTC, regulated entities and

their representative associations and organizations, interested

parties, and the public an additional 45 days in which to submit

comments. Any additional time beyond 45 days, however, would

unnecessarily delay the issuance of the final rule. Accordingly, the

FHWA is extending the comment period for this docket until Monday, May

12, 1997.

Authority: 49 U.S.C. 322, 504, 5112, 5125, 31132, 31133, 31136,

31138, 31139, 31502, and 31504; sec. 345, Pub.L. 104-59, 109 Stat.

568, 613; and 49 CFR 1.48.

Issued on: March 19, 1997.

Jane Garvey,

Acting Administrator, Federal Highway Administration.

[FR Doc. 97-7737 Filed 3-26-97; 8:45 am]

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