Parts and Accessories Necessary for Safe Operation; Glazing in Specified Openings

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

49 CFR Part 393

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

RIN 2125-AD40

Parts and Accessories Necessary for Safe Operation; Glazing in

Specified Openings

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Final rule.

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SUMMARY: The FHWA is revising its requirements concerning glazing

materials, windshield condition, coloring and tinting of windshields

and windows, and obstructions to the driver's field of view for

commercial motor vehicles operated in interstate commerce. The revision

is intended to remove obsolete regulatory language, establish

requirements that are more performance-based than the previous

requirements, and respond to requests for waivers to allow the use of

windshield-mounted transponders. On April 14, 1997, the FHWA published

a notice of proposed rulemaking (NPRM) in which the agency proposed

general amendments to part 393 of the Federal Motor Carrier Safety

Regulations (FMCSRs), Parts and Accessories Necessary for Safe

Operation. The proposed amendments covered a wide range of topics,

including the subjects of this rule. Upon review of the docket comments

and recent requests for waivers, the agency has decided to issue a

final rule on glazing materials, windshields and windows and to

publish, at a later date, a final rule on the remaining issues covered

in the April 14, 1997, NPRM. As a result of this rulemaking, motor

carriers operating under the terms of the March 6, 1995, waiver granted

for the ADVANTAGE I-75 and Heavy Vehicle Electronic License Plate, Inc.

programs are no longer required to comply with the conditions

prescribed by the waiver.

EFFECTIVE DATE: February 9, 1998.

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,

D.C. 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 December 7, 1988, the FHWA published a final rule on parts and

accessories necessary for safe operation (53 FR 49380). The final rule

included amendments to the requirements of 49 CFR part 393 for lamps

and reflective devices, brake systems, fuel systems, frames and frame

assemblies, suspension systems, steering systems, and axle assemblies.

This action was taken to implement sections 206 and 210 of the Motor

Carrier Safety Act of 1984 (the Act), 49 U.S.C. 31136 and 31142, and to

ensure that commercial motor vehicles are equipped with all parts and

accessories considered necessary for safe operation. Since the

publication of the final rule, the FHWA has received numerous petitions

for rulemaking and requests for interpretation of the requirements of

part 393 which have raised the need for additional amendments to

clarify several provisions of the 1988 final rule. In addition, the

National Highway Traffic Safety Administration (NHTSA), the Federal

agency responsible for establishing safety standards for the

manufacture of motor vehicles and certain motor vehicle equipment, has

made several amendments to its Federal Motor Vehicle Safety Standards

(FMVSSs) that necessitate amendments to the FMCSRs in order to

eliminate inconsistencies between part 393 and the FMVSSs.

On April 14, 1997, the FHWA published a notice of proposed

rulemaking (NPRM) to amend part 393 of the FMCSRs (62 FR 18170). The

proposed amendments were 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 NHTSA's FMVSSs (49 CFR 571);

and codify certain FHWA regulatory guidance concerning the requirements

of part 393. The comment period was extended to July 28, 1997, at 62 FR

32066 on June 12, 1997.

[[Page 1384]]

As part of the NPRM, the FHWA proposed revising Sec. 393.60,

Glazing in specified openings. The agency proposed requiring that

glazing material used in windshields, windows and doors of commercial

motor vehicles manufactured on or after December 25, 1968, meet the

requirements of FMVSS No. 205 in effect on the date of manufacture of

the vehicle. The agency also proposed including a requirement that each

bus, truck, and truck-tractor be equipped with a windshield.

With regard to coloring or tinting of windshields and side windows,

the FHWA proposed revising the requirements to codify regulatory

guidance on this topic. Coloring or tinting of windshields and the

windows to the immediate right and left of the driver would be allowed

provided the parallel luminous transmittance through the colored or

tinted glazing is not less than 70 percent of the light at normal

incidence in those portions of the windshield or windows which are

marked as having a luminous transmittance of at least 70 percent.

The FHWA proposed revising Sec. 393.60(c) concerning restrictions

on the use of vision-reducing matter on windshields. The proposed

revision was intended to eliminate the need for motor carriers to

petition the FHWA for waivers to allow the use of windshield-mounted

transponders and similar devices. The preamble to the NPRM stated:

On March 6, 1995, the FHWA granted a petition from the

Commonwealth of Kentucky, and Heavy Vehicle Electronic License

Plate, Inc. (HELP) requesting a waiver from the requirements of

Sec. 393.60(c) to allow mounting of an automatic vehicle

identification transponder at the upper border of the windshields of

commercial motor vehicles (60 FR 12146). The waiver was necessary

because Sec. 393.60(c) prohibits the operation of a commercial motor

vehicle with vision-reducing matter covering any portion of the

windshield with certain exceptions for decals required by law and

affixed to the bottom of the windshield.

In evaluating the requests for waivers to Sec. 393.60(c), the

FHWA reviewed automotive engineering recommended practices, the

NHTSA's FMVSSs, and recent research concerning driver's field of

view. The agency also examined current commercial motor vehicle cab

designs related to placement of interior mirrors and sun visors

which occupy approximately the same space proposed for the

transponder. Based upon the information obtained from this review,

the FHWA concluded that a transponder mounted at the approximate

center of the top of the windshield would be extremely unlikely to

create a situation inconsistent with the safe operation of a

commercial motor vehicle. This location is well outside the area

recommended for windshield wiper sweep under the SAE recommended

practice J198, Windshield Wiper Systems--Trucks, Buses, and

Multipurpose Vehicles, and the area recommended for windshield

defrosting under J342, Windshield Defrosting Systems Performance

Guidelines--Trucks, Buses, and Multipurpose Vehicles. The findings

of recent research reports on the subject also suggested that the

location of an object, such as a transponder device, near the upper

margin of a windshield is unlikely to have any effect on a driver's

ability to observe nearby objects, such as pedestrians.

The NPRM indicated the agency would allow the installation of

antennas, transponders, and similar devices in the upper margin of

windshields for the reasons presented in the notice granting the

waiver. These devices could not be placed lower than 152 mm (6 inches)

from the upper edge of the windshield, must be outside the area swept

by the windshield wipers, and must be outside the driver's sight lines

to the road and highway signs or signals. The proposed amendment would

codify the March 6, 1995, waiver and help to promote the use of

advanced technologies to improve the efficiency and safety of operation

of commercial motor vehicles.

On the subject of limitations on the placement of decals and

stickers at the bottom of the windshield, the FHWA proposed adopting a

performance-based requirement that decals required by law must not

obstruct the driver's view of the road or traffic signs.

Discussion of Comments to the NPRM

The FHWA received 35 comments in response to the NPRM. The

commenters were: Air Ride Control, Inc.; Amerex Corporation; the

American Trucking Associations (ATA) (two submissions to the docket);

Burns Consulting Associates; Colorado Department of Public Safety;

Commercial Vehicle Safety Alliance (CVSA) (two submissions to the

docket); Robert J. Crail, a transportation engineering consultant; W.

E. Currie, a consulting engineer; Dana Corporation, Boston Weatherhead

Division; Electronic Controls Company; Elf Atochem North America, Inc.;

Grote Industries, Inc.; Huls America, Inc.; Lufkin Trailers; Mark IV

Industrial--Dayco Eastman; The Commonwealth of Massachusetts,

Department of Public Utilities; National Association of State Fire

Marshals; National Association of Trailer Manufacturers; National

Automobile Dealers Association; National Automobile Transporters

Association; National Propane Gas Association; Oklahoma Highway Patrol;

Parker Hannifin Corporation (two submissions to the docket); Rockwell

International Corporation (the automotive division of Rockwell is now

Meritor Automotive); Star Headlight and Lantern Company, Inc.;

Transportation Safety Equipment Institute; Truck Manufacturers

Association; Truck Trailer Manufacturers Association; UBE Industries

(America), Inc.; Donald H. Verhoff; and, Wells Cargo, Inc.

The ATA and the CVSA were the only commenters to discuss the

proposed revision of Sec. 393.60. The CVSA supported the proposal to

allow the use of windshield-mounted transponders and recommended that

the revision be expedited.

The ATA opposed the proposed reference to FMVSS No. 205, concerning

manufacturing standards for glazing material, and the proposed

requirement that all commercial motor vehicles be equipped with

windshields. The ATA also expressed concern about the proposed

regulatory language concerning prohibitions on obstructions to the

drivers field of view. The ATA stated:

[M]otor carriers can not test to assure that a component or

system meets the FMVSS. By referencing the American National

Standards Institute (ANSI) standard ANS Z26, the FMVSS requires that

glazing be tested for, among many other things, chemical resistance.

Performing this test requires, as one testing agent, gasoline of a

certain Isooctane type and content. It is completely unreasonable to

believe that any carrier is ever going to understand what such a

fluid is, let alone purchase it for testing glazing.

Carriers can, however, assure that glazing material is marked in

accordance with FMVSS 205.S6. This is the type of indication which

the manufacturers make to show compliance with the FMVSS. We believe

such marking is necessary for all components which the agency

believes motor carriers must show were constructed in compliance

with the FMVSS.

The ATA also expressed concern about the proposed requirement

for windshields.

The ATA believes an exemption is needed for the transportation of

vehicles such as ``chassis cowls'' between truck manufacturers and

final stage manufacturers. The incomplete vehicles often have no

windshield, windshield wipers or washers, heater-defroster, or

speedometer. The ATA indicated the movement of this equipment is

typically across town to a ``body builders'' facility.

With regard to the proposed language concerning prohibitions on

obstructions to the driver's field of view, the ATA believes the

wording about decals is ``too liberal.'' The ATA stated:

It will once again allow state and federally required material

to be affixed to the top, bottom, and sides of a windshield. We

recognize that new technology has created the need for transponders

and similar equipment. We also understand that CVSA

[[Page 1385]]

decals should be affixed to windshields but are not required by law

and so need an exemption for such placement. And we can not forget

how bad this can get without stringent control.

Many windshields have curved sides which are not swept by the

wipers. Under FHWA/OMC's new wording this will become fertile glass

for the planting of new stickers. To control the desire to use the

windshield as a billboard, we suggest the following:

(2) Decals and stickers mounted on the windshield. Commercial

Vehicle Safety Alliance (CVSA) inspection decals, and stickers and/

or decals required under federal or state laws may be placed at the

bottom or sides of the windshield provided such decals or stickers

do not extend upward more than 4\1/2\ inches (11.5 cm) from the

bottom of the windshield and are located outside the area swept by

the windshield wipers, and outside the driver's sight lines to the

road and highway signs or signals.

FHWA Response to Comments

The FHWA agrees with the CVSA's recommendation that the revision

concerning windshield-mounted transponders and similar devices should

be expedited. The agency acknowledges the ATA's concerns about Federal-

and State-required decals being applied to inappropriate areas of the

windshields of commercial motor vehicles, and has modified the

regulatory language accordingly. However, for the reasons discussed

below, the FHWA disagrees with the ATA's argument that motor carriers

are not able to comply with the requirement to ensure that their

commercial motor vehicles are equipped with windshields which meet the

requirements of FMVSS No. 205. The agency also disagrees with the ATA's

argument about the need for a driveaway exemption for the operation of

incomplete motor vehicles.

The Use of Windshield-Mounted Transponders on Commercial Motor Vehicles

The FHWA is aware of two Intelligent Transportation Systems (ITS)

programs that need regulatory relief from Sec. 393.60(c) to allow the

use of windshield-mounted transponders: the International Borders

Clearance Program (the Borders Clearance Program), and the Oregon Green

Light Electronic Clearance Operational Test Project (Green Light

Project). The revised regulation will allow motor carriers

participating in the Borders Clearance Program and Green Light Project,

as well as carriers participating in future programs intended to

improve efficiency and highway safety, to mount automatic vehicle

identification (AVI) transponders at the top of the windshield (near

the centerline or middle) of their commercial motor vehicles (CMVs).

The Borders Clearance Program is an element of the FHWA's ITS

program that is designed to develop and demonstrate the integration of

ITS technology (i.e., electronic pre-clearance, AVI transponders on

vehicles, and AVI readers and other state-of-the-art communications and

information systems) into an international border clearance system for

CMVs operating between the United States, Canada, and Mexico. The

Borders Clearance Program will allow the CMVs that meet safety and

operational requirements to pass through border crossings with minimal

delays. Currently, field operational tests (FOTs) to demonstrate the

use of ITS technology are being planned for international border

clearance sites on the Northern border (Buffalo, New York, and Detroit,

Michigan) and on the Southern border (Otay Mesa, California, and

Nogales, Arizona). Also FOTs are being developed for international

border crossing sites in El Paso and Laredo, Texas; Blaine, Washington;

and Sweetgrass, Montana.

The FOTs are intended to demonstrate an approach for standardizing

data/information exchange systems between various U.S. Federal agencies

(the Customs Service, the Immigration and Naturalization Service, and

the Department of Transportation) with regulatory/enforcement

responsibilities in border areas. This program will result in improved

efficiency and effectiveness of activities at the border crossings and

streamline the processes for ensuring safe CMV operations and verifying

the credentials of motor carriers. Other important aspects of these

initiatives include: the incorporation of the U.S. Treasury

Department's North American Trade Automation Prototype (NATAP) project;

examination of methods to make electronic information secure; and on-

board processing of CMV safety information.

The FOTs are scheduled for completion by the end of 1999. The next

step in the Borders Clearance Program would be to move toward the model

deployment phase, focusing on deploying international border crossing

systems at high priority sites.

Like the ADVANTAGE I-75 and HELP programs discussed earlier in this

document, the Borders Clearance Program is dependent on the use of AVI

transponders transmitting and receiving information to and from

inspection stations. The transponders that will be used for the Borders

Clearance Program are the same size as those used for the other

programs and would be placed at the top of the windshield, near the

centerline or middle of the CMV. The reasons for choosing this location

are the same as those presented by ADVANTAGE I-75 and HELP programs.

The Green Light Project is part of the State of Oregon's ITS

Commercial Vehicle Operations' Program. The project involves the

testing of mainline pre-clearance systems featuring state-of-the-art

weigh-in-motion and AVI devices compatible with systems in other

jurisdictions. In addition, certain sites will be equipped with data

collection systems for use in enforcing safety and weight regulations.

Other sites will be equipped with safety enhancement technologies,

including highway warning systems for weather-related hazards and

downhill truck speed information systems.

The Green Light Project is dependent on the use of AVI transponders

transmitting and receiving information to and from inspection stations.

The transponders that will be used for the Green Light Project are the

same size as those used for the programs previously mentioned and would

be placed at the top of the windshield, near the centerline or middle

of the CMV. The reasons for choosing this location are the same as

those presented by the programs previously mentioned.

The FHWA has reviewed the operational needs of the Borders

Clearance Program and Green Light Project and the comments received in

response to the April 14, 1997, NPRM and has determined that revising

Sec. 393.60 to allow the use of windshield-mounted transponders and

similar devices will help to promote increased efficiency and safety of

motor carrier operations. The agency has reviewed accident reports

concerning the transponder-equipped CMVs operating under the terms of

the 1995 waiver and has determined that there have been no accidents

(as defined in Sec. 390.5) that could be attributed to the mounting of

the transponders in the uppermost area of the center of the windshields

of those CMVs. Therefore, the real-world experience of the motor

carriers operating approximately 10,000 transponder-equipped CMVs

indicates that allowing other CMVs to be similarly equipped is

consistent with the public interest and the safe operation of CMVs.

Cross-Reference to FMVSS No. 205

The FHWA does not believe the ATA's concerns about cross-

referencing FMVSS No. 205 are warranted. The regulatory language

proposed did not include a requirement for motor carriers to conduct

certification testing of

[[Page 1386]]

glazing materials in order to verify that windshields meet the

manufacturing standard.

Motor vehicle manufacturers must certify that the vehicles they

manufacture for sale and use in the United States meet all applicable

Federal Motor Vehicle Safety Standards issued by the NHTSA. In certain

cases, the vehicle safety standards require motor vehicle equipment to

be marked by the equipment manufacturer to certify that the product

meets the applicable safety standard (e.g., retroreflective sheeting

for use on trailers manufactured on or after December 1, 1993, are

marked with DOT-C2, DOT-C3, or DOT-C4, depending on the width of the

tape).

Through cross-references to the FMVSSs, the FHWA places upon motor

carriers the responsibility for being knowledgeable about the Federal

manufacturing standards that are applicable to heavy trucks, buses, and

trailers. Motor carriers have the responsibility of purchasing vehicles

and components from manufacturers that are capable of certifying the

products they are selling meet the applicable Federal manufacturing

standards. If the commercial motor vehicle is damaged during its

service life, or components wear out and require replacement, motor

carriers are required to have the vehicle properly repaired by

knowledgeable and capable maintenance personnel. Maintenance personnel

should recognize that there are Federal safety standards and be capable

of determining whether the repairs being performed will restore the

vehicle to its previous condition.

Looking specifically at the cross-reference to FMVSS No. 205,

vehicle manufacturers are responsible for ensuring that original

windshields and windows installed in new motor vehicles meet the

applicable requirements. With certain exceptions, the glazing material

is required to be marked by the glazing manufacturer. Therefore motor

carriers need only look for the certification label or tag (required by

49 CFR 567) for the new vehicle, and the certification marking

(required by 49 CFR 571.205) on the glazing (i.e., windshields and

windows) to determine whether the manufacturers have certified that the

vehicle and glazing meet the applicable Federal requirements. If the

windshield has to be replaced at a later date, the motor carrier need

only ensure the repair facility or supplier of the replacement

windshield is knowledgeable about the Federal standards applicable to

glazing materials. The FHWA is not aware of any evidence of fraudulent

certification and marking of windshields.

The argument by the ATA that motor carriers would be required to

understand, in whole or in part, the test procedures that manufacturers

are required to follow, or conduct testing in order to ensure

compliance with the cross-referenced standard, is without basis. The

FMCSRs have for more than 25 years included cross-references to the

FMVSSs (e.g., FMVSS No. 105, concerning hydraulic brake systems, and

No. 121 concerning air brake systems) with an apparently clear

understanding by the vast majority of the regulated industry that motor

carriers are not required to conduct certification testing. Although

motor carriers and vehicle manufacturers have requested interpretations

on numerous aspects of part 393 of the FMCSRs, the cross-references to

the FMVSSs do not appear to have raised a discernible level of

confusion or concern. Therefore, the FHWA has retained the cross-

reference to FMVSS No. 205.

Requirement for Vehicles To Be Equipped With Windshields

The FHWA does not believe it is necessary to include in the final

rule requiring windshields an exemption for driveaway operations. The

scenario the ATA described would be considered the operation of a

commercial motor vehicle in intrastate commerce. As such it would not

be subject to the requirements of part 393 of the FMCSRs.

The FHWA notes that as a condition under the Motor Carrier Safety

Assistance Program (MCSAP) States are required to adopt motor carrier

safety and hazardous materials transportation rules and regulations

identical in nearly all respects to those set forth in Federal laws and

regulations. The States are required to apply those rules and

regulations to both interstate and intrastate operations. However, the

FHWA has provided, in appendix C to 49 CFR part 350, tolerance

guidelines for State rules and regulations where Federal regulations do

not apply. The tolerance guidelines provide a mechanism for individual

States to assess the intrastate movement of incomplete motor vehicles,

and determine whether an exemption to the requirement for windshields

is appropriate. If State officials believe that an exemption is

necessary for the movement of incomplete vehicles, the State may submit

the information required by appendix C to the FHWA for consideration.

Discussion of Final Rule

The final rule requires glazing materials used for windshields,

windows, and doors on a commercial motor vehicle manufactured on or

after December 25, 1968, (the effective date of the NHTSA requirements

for glazing) meet the requirements of FMVSS No. 205 in effect on the

date of manufacture of the vehicle. Windshields and windows may be

replaced with glazing materials that meet the requirements in effect on

the date of manufacture, or with glazing materials that meet newer

standards, adopted by amendments or revisions of FMVSS No. 205.

Each bus, truck and truck-tractor is required to have a windshield.

The windshield must be mounted using the full periphery of the glazing

material and be free of discoloration or damage in certain areas. Minor

damage, such as cracks that are not intersected by other cracks, would

not be considered violations.

The final rule allows tinting of windshields as long as the

percentage of light transmitted through the tinted windshield is at

least 70 percent of the light at normal incidence in those portions of

the windshield or windows which are marked as having a luminous

transmittance of at least 70 percent.

Motor carriers are allowed to attach antennas, transponders, and

similar devices to windshields provided the devices are not mounted

more than 152 mm (6 inches) from the upper edge of the windshield and

are located outside the area swept by the windshield wipers. The

devices also must be located outside the driver's sight lines to the

road and highway signs and signals. As a result of the revision to

Sec. 393.60, motor carriers operating under the terms of the waiver

granted for the ADVANTAGE I-75 and HELP programs are no longer required

to comply with the conditions prescribed by the waiver. The waiver is

terminated effective February 9, 1998.

Inspection decals and stickers and/or decals required under Federal

or State laws may be placed at the bottom or sides of the windshield.

However, the stickers or decals may not extend more than 115 mm (4\1/2\

inches) from the bottom of the windshield and must be located outside

the area swept by the windshield wipers. The stickers or decals also

must be located outside the driver's sight lines to the road and

highway signs and signals. The FHWA recognizes that compliance with

this provision requires cooperation of the Federal and State agencies

that have requirements for stickers/decals to be attached to

windshields. However, since

[[Page 1387]]

the previous requirements under Sec. 393.60 have identical restrictions

on the placement of stickers/decals, the FHWA does not believe that

retaining the restrictions will conflict with the current requirements

of other Federal or State agencies.

Rulemaking Analyses and Notices

Executive Order 12866 (Regulatory Planning and Review) and DOT

Regulatory Policies and Procedures

The FHWA has considered the impacts of this document and has

determined that it is neither a significant rulemaking action within

the meaning of Executive Order 12866 nor a significant rulemaking under

the regulatory policies and procedures of the Department of

Transportation. The rulemaking would revise Sec. 393.60 of the FMCSRs

to remove obsolete regulatory language and eliminate the need for

processing requests for waivers. The rulemaking also will codify

regulatory guidance concerning the requirements of Sec. 393.60. It is

anticipated that the economic impact of this rulemaking will be

minimal; therefore, a full regulatory evaluation is not required.

Regulatory Flexibility Act

In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-

612), the FHWA has evaluated the effects of this rule on small

entities. The rulemaking would revise Sec. 393.60 of the FMCSRs to

remove obsolete regulatory language and eliminate the need for

processing requests for waivers. The rulemaking also will codify

regulatory guidance concerning the requirements of Sec. 393.60. The

revised regulation is not likely to change the operating practices or

equipment needs of motor carriers in general, or small motor carriers

(private and for-hire) in particular. It is anticipated that the

economic impact of this rulemaking will be minimal since it would not

require modifications to equipment. Based on this evaluation, the FHWA

certifies that this rule would not have a significant economic impact

on a substantial number of small entities.

Executive Order 12612 (Federalism Assessment)

This action has been analyzed in accordance with the principles and

criteria contained in Executive Order 12612, and it has been determined

that this rule does not have sufficient federalism implications to

warrant the preparation of a Federalism Assessment.

Executive Order 12372 (Intergovernmental Review)

Catalog of Domestic Assistance Program Number 20.217, Motor Carrier

Safety. The regulations implementing Executive Order 12372 regarding

intergovernmental consultation on Federal programs and activities do

not apply to this program.

Paperwork Reduction Act

This document does not contain information collection requirements

for the purposes of the Paperwork Reduction Act of 1995 [44 U.S.C. 3501

et seq].

National Environmental Policy Act

The agency has analyzed this rulemaking for the purpose of the

National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and

has determined that this action would not have any effect on the

quality of the environment.

Regulation Identification Number

A regulation identification number (RIN) is assigned to each

regulatory action listed in the Unified Agenda of Federal Regulations.

The Regulatory Information Service Center publishes the Unified Agenda

in April and October of each year. The RIN contained in the heading of

this document can be used to cross-reference this action with the

Unified Agenda.

List of Subjects in 49 CFR Part 393

Highways and roads, Incorporation by reference, Motor carriers,

Motor vehicle equipment, Motor vehicle safety.

Issued on: December 22, 1997.

Kenneth R. Wykle,

Federal Highway Administrator.

In consideration of the foregoing, the FHWA amends title 49, Code

of Federal Regulations, subchapter B, chapter III, as follows:

PART 393--[AMENDED]

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

follows:

Authority: Section 1041(b) of Pub. L. 102-240, 105 Stat. 1914,

1993 (1991); 49 U.S.C. 31136 and 31502; 49 CFR 1.48.

2. Section 393.60 is revised to read as follows:

Sec. 393.60 Glazing in specified openings.

(a) Glazing material. Glazing material used in windshields,

windows, and doors on a motor vehicle manufactured on or after December

25, 1968, shall at a minimum meet the requirements of Federal Motor

Vehicle Safety Standard (FMVSS) No. 205 in effect on the date of

manufacture of the motor vehicle. The glazing material shall be marked

in accordance with FMVSS No. 205 (49 CFR 571.205, S6).

(b) Windshields required. Each bus, truck and truck-tractor shall

be equipped with a windshield. Each windshield or portion of a multi-

piece windshield shall be mounted using the full periphery of the

glazing material.

(c) Windshield condition. With the exception of the conditions

listed in paragraphs (c)(1), (c)(2), and (c)(3) of this section, each

windshield shall be free of discoloration or damage in the area

extending upward from the height of the top of the steering wheel

(excluding a 51 mm (2 inch) border at the top of the windshield) and

extending from a 25 mm (1 inch) border at each side of the windshield

or windshield panel. Exceptions:

(1) Coloring or tinting which meets the requirements of paragraph

(d) of this section;

(2) Any crack that is not intersected by any other cracks;

(3) Any damaged area which can be covered by a disc 19 mm (\3/4\

inch) in diameter if not closer than 76 mm (3 inches) to any other

similarly damaged area.

(d) Coloring or tinting of windshields and windows. Coloring or

tinting of windshields and the windows to the immediate right and left

of the driver is allowed, provided the parallel luminous transmittance

through the colored or tinted glazing is not less than 70 percent of

the light at normal incidence in those portions of the windshield or

windows which are marked as having a parallel luminous transmittance of

not less than 70 percent. The transmittance restriction does not apply

to other windows on the commercial motor vehicle.

(e) Prohibition on obstructions to the driver's field of view--(1)

Devices mounted at the top of the windshield. Antennas, transponders,

and similar devices must not be mounted more than 152 mm (6 inches)

below the upper edge of the windshield. These devices must be located

outside the area swept by the windshield wipers, and outside the

driver's sight lines to the road and highway signs and signals.

(2) Decals and stickers mounted on the windshield. Commercial

Vehicle Safety Alliance (CVSA) inspection decals, and stickers and/or

decals required under Federal or State laws may be placed at the bottom

or sides of the windshield provided such decals or stickers do not

extend more than 115 mm (4\1/2\ inches) from the bottom of the

windshield and are located outside the area swept by the windshield

wipers,

[[Page 1388]]

and outside the driver's sight lines to the road and highway signs or

signals.

[FR Doc. 98-567 Filed 1-8-98; 8:45 am]

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