18170 Federal Register / Vol. 62, No. 71 / Monday, April 14, 1997 / Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

49 CFR Parts 390, 392, and 393

[FHWA Docket No. MC–97–5]

RIN 2125–AD40

Parts and Accessories Necessary for

Safe Operation; General Amendments

AGENCY: Federal Highway

Administration (FHWA), DOT.

ACTION: Notice of proposed rulemaking

(NPRM); request for comments.

SUMMARY: The FHWA is proposing to

amend part 393 of the Federal Motor

Carrier Safety Regulations (FMCSRs),

Parts and Accessories Necessary for Safe

Operation. The amendments 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.

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.

DATES: Written comments must be

received on or before June 13, 1997.

ADDRESSES: 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.

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 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 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.

Proposed Amendments

Section-by-Section Discussion of the

Proposed Amendments

Section 390.5—Definition of DriveawayTowaway Operation

Parts 393 and 396 of the FMCSRs

include several exceptions for

driveaway-towaway operations. A

driveaway-towaway operation is

defined as one in which a motor vehicle

constitutes the commodity being

transported and one or more set of

wheels of the vehicle being transported

are on the surface of the roadway during

transportation. The driveaway-towaway

exceptions are intended to address

situations in which compliance with

some of the vehicle regulations is not

practicable because of the circumstances

surrounding the delivery or

transportation of the vehicle. Examples

of driveaway-towaway operations

include the delivery of a newly

manufactured commercial motor vehicle

from a manufacturer to a dealership, the

delivery of a new or used motor vehicle

from the dealership to the purchaser, or

certain movements of vehicles to a

repair or maintenance facility. Among

the provisions of parts 393 and 396

which do not apply to driveawaytowaway operations are the

requirements for lamps and reflectors,

brakes, driver vehicle inspection

reports, maintenance records, and

periodic inspection.

The concept of providing exceptions

for such operations dates back to the

Interstate Commerce Commission’s

(ICC) May 27, 1939, order under ExParte No. MC–2 (14 M.C.C. 669, at 679).

A driveaway-towaway operation was

originally defined by the ICC as ‘‘any

operation in which a single motor

vehicle or combination of motor

vehicles, new or used, constitutes the

commodity being transported and in

which the motive power of any such

motor vehicles is utilized.’’ In 1952, the

ICC revised the definition to read ‘‘any

operation in which any motor vehicle or

motor vehicles, new or used, constitute

the commodity being transported, when

one or more set of wheels of any such

motor vehicle or motor vehicles are on

the roadway during the course of

transportation; whether or not any such

motor vehicle furnishes the motive

power.’’ (17 FR 4422, 4423, May 15,

1952).

The current definition of a driveawaytowaway operation was published on

May 19, 1988 (53 FR 18052). It has

become apparent that this definition

does not provide sufficient guidance in

identifying the specific types of vehicle

operations covered. The FHWA has

received numerous requests for

clarification of the applicability of the

driveaway-towaway exceptions to

construction equipment and storage

trailers. Typically storage trailers are

parked for several weeks to several

months at a construction site and moved

occasionally from one site to another.

Construction equipment is also moved

only occasionally from site to site.

Therefore, the FHWA is proposing to

limit the definition of a driveawaytowaway operation to motor vehicles

being transported (1) between a vehicle

manufacturer and a dealership or a

purchaser, (2) between a dealership, or

other entity selling or leasing the

vehicle, and a purchaser or lessee, (3) to

a maintenance/repair facility for the

repair of disabling damage (as defined

in § 390.5), or (4) by means of a saddlemount. In addition, the driveawaytowaway exception would only apply to

those cases in which the motor vehicles

are not transporting cargo or passengers.

The proposed revision is intended to

reduce confusion.
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Section 392.33—Obscured Lamps or

Reflectors

The FHWA is proposing to amend

§ 392.33 to include an exception for the

obstruction of trailer conspicuity

treatments on the front end protection

device. The NHTSA requires trailer

manufacturers to apply retroreflective

sheeting to the front end protection

devices or headerboards of trailers

manufactured on or after December 1,

1993 (49 CFR 571.108, S5.7.1.4). Since

the headerboard is located at the front

of flatbed trailers, the cargo may,

depending upon its height, obstruct the

conspicuity material located on the

headerboard. The FHWA recognizes that

this temporary obstruction of the

reflective material cannot be avoided in

many cases and does not believe that it

would be appropriate to penalize motor

carriers.

Section 393.1—Scope of the Rules of

This Part

The FHWA is proposing a revision of

§ 393.1 to clarify the applicability of the

requirements of part 393. Although

§ 390.3 explains the applicability of the

FMCSRs, and § 390.5 defines the term

‘‘commercial motor vehicle,’’ many

private motor carriers of property and

private motor carriers of passengers do

not understand the applicability of the

provisions in part 393 when a

lightweight vehicle is used to tow a

trailer in interstate commerce. Vehicles

with a GVWR below 4,536 kg (10,001

pounds) or designed to transport less

than 16 passengers are not subject to the

FMCSRs when operated singly in

interstate commerce unless placardable

quantities of hazardous materials are

being transported. However, when a

small vehicle is coupled to a trailer, the

gross combination weight rating

(GCWR) often exceeds 4,536 kg (10,001

pounds), making the combination

subject to the FMCSRs.

Part 393 cross-references several

Federal Motor Vehicle Safety Standards

(FMVSSs) which distinguish between

vehicles above and below 4,536 kg

(10,001 pounds) and passenger vehicles

designed to transport fewer than 16

passengers. This rulemaking includes

numerous proposals to clarify the crossreferences to the FMVSS so that carriers

and inspectors can readily locate the

applicable paragraphs within the

FMVSSs. The amendment to § 393.1 is

consistent with that goal.

Section 393.5—Definitions

The FHWA is proposing to amend

§ 393.5 by adding definitions of air

brake system, air-over-hydraulic brake

subsystem, auxiliary driving lamp, boat

trailer, brake power assist unit, brake

power unit, electric brake system,

emergency brake, front fog lamp,

hydraulic brake system, intermodal

shipping (cargo) containers, multi-piece

windshield, split service brake system,

tow bar, trailer kingpin, vacuum brake

system, and windshield. In addition, the

definitions for chassis, clearance lamp,

container chassis, heater, heavy hauler

trailer, parking brake system, side

marker lamps (intermediate), and side

marker lamps would be revised. The

definition of bus would be removed

from § 393.5 in favor of the definition

found in § 390.5.

The proposed definitions of brake

systems and components would make

the brake requirements under subpart C

of part 393 easier to understand and

enforce.

The proposed definitions of an air

brake system and an air-over-hydraulic

brake subsystem are based upon

NHTSA’s July 18, 1995, final rule on

FMVSS No. 121 (60 FR 36741). The

NHTSA amended FMVSS No. 121 to

include a definition of an air-overhydraulic brake subsystem and to make

it clear that vehicles equipped with

such systems are classified as air braked

vehicles. In initially issuing FMVSS No.

121, the NHTSA stated that ‘‘it should

be noted that the term ‘air brake system’

as defined in the standard applies to the

brake configuration commonly referred

to as ‘air-over-hydraulic,’ in which

failure of either medium can result in

complete loss of braking ability.’’ (36 FR

3817, February 27, 1971.) Since the

NHTSA has considered air-overhydraulic brake systems subject to

FMVSS No. 121 for more than 20 years,

the FHWA’s adoption of the NHTSA’s

definitions should not affect the

applicability of the brake requirements

under part 393.

The proposed definition of a boat

trailer is the same as that contained

under 49 CFR 571.3. The NHTSA

defines boat trailer as ‘‘a trailer designed

with cradle-type mountings to transport

a boat and configured to permit

launching of the boat from the rear of

the trailer.’’ The FHWA proposes to

include this definition because § 393.11

contains requirements for lamps and

reflectors on boat trailers.

The FHWA is proposing to replace its

definition of ‘‘emergency brake system’’

with the NHTSA’s definition for

‘‘emergency brake.’’ This change will

ensure consistency between the

FHWA’s brake regulations covering

motor carriers and the NHTSA’s

regulations covering manufacturers.

The agency is proposing that

NHTSA’s FMVSS No. 105 definition of

a split service brake system be included

under § 393.5. The inclusion of this

definition would help to improve the

clarity of the hydraulic brake system

requirements under subpart C of part

393.

Definitions of an electric brake system

and a vacuum brake system would be

added to § 393.5 to support other

proposed revisions to the brake system

requirements of part 393. Since there are

no FMVSSs which cover electric and

vacuum brake systems, many of the

brake requirements under part 393 are

de facto manufacturing standards. To

better identify the applicable

requirements, several of the proposed

revisions to subpart C would

specifically reference electric and

vacuum brakes. The proposed

definitions would prevent confusion or

misunderstandings on the part of motor

carriers and enforcement officials.

With regard to the definition of a

chassis, the agency is proposing to

delete the current reference to a ‘‘truck

or trailer’’ in favor of the term

‘‘commercial motor vehicle,’’ which

includes trucks, truck tractors, trailers,

buses and converter dollies. This is

especially necessary since the definition

of a truck in § 390.5 explicitly excludes

truck tractors.

It is proposed that the definition of a

clearance lamp be replaced with the

Society of Automotive Engineers’ (SAE)

definition (Glossary of Automotive

Terms, SP–750, February 1988). The

SAE definition provides a better

description of the location and function

of the clearance lamps than the current

definition in § 393.5.

As for the definition of a heater, the

FHWA proposes to replace the reference

to paragraph (1) of § 177.834 with a

reference to paragraph (l). The reference

to paragraph (1) was a typographical

error.

A definition of a trailer kingpin is

being added to cover non-driveawaytowaway operations. Currently, the

definition of a saddle-mount includes a

description of a ‘‘king-pin.’’ However,

this definition does not appear to be

appropriate for the trailer kingpin nor is

the definition the same as that in the

SAE’s Truck & Bus Industry Glossary,

SP–732, February 1988. The FHWA

would adopt the SAE’s definition to

ensure that definitions in part 393 are

consistent with industry definitions.

To clarify the applicability of parking

brake requirements, the agency is

proposing that the definition of a

parking brake system in § 393.5 be

revised to replace the term ‘‘vehicle’’

with ‘‘motor vehicle,’’ which is defined

in § 390.5.

The agency proposes that the

definitions of ‘‘side marker lamp
18172 Federal Register / Vol. 62, No. 71 / Monday, April 14, 1997 / Proposed Rules

(intermediate)’’ and ‘‘side marker lamp’’

be revised to include motor vehicles

other than trailers. Currently, both terms

are defined only in the context of

trailers. However, side marker lamps are

required on almost all motor vehicles

and intermediate side marker lamps are

required on almost all motor vehicles

more than 914.4 centimeters (cm) (30

feet) in length. Therefore the FHWA is

proposing to revise the definitions to

include trucks, truck-tractors, and buses

and to make both definitions consistent

with the requirements under § 393.11

relating to side marker lamps and

FMVSS No. 108, NHTSA’s requirements

for lamps and reflective devices.

On November 23, 1990, the NHTSA

amended its definition of a heavy hauler

trailer to specifically exclude container

chassis trailers (55 FR 48850). To

maintain consistency between the

definitions used by the FHWA and the

NHTSA, the FHWA is proposing to

amend its definition of a heavy hauler

trailer to exclude container chassis

trailers.

The FHWA is proposing to add a

definition of intermodal shipping

container to the FMCSRs to clarify the

use of the term in § 393.100(e). The

definition would be the same as the

definition of ‘‘container’’ under

§ 390.52.

Subpart B—Lighting Devices, Reflectors,

and Electrical Equipment

The FHWA is proposing to revise the

title of subpart B to read ‘‘Lamps,

Reflective Devices, and Electrical

Wiring.’’ The new title would be more

consistent with the title of FMVSS No.

108, entitled ‘‘Lamps, reflective devices,

and associated equipment.’’ The new

title would reference electrical wiring

instead of associated equipment because

subpart B includes requirements for the

electrical wiring for several vehicle

systems in addition to the lamps

required by FMVSS No. 108.

Section 393.9—Lamps Operable

The agency is proposing to amend

§ 393.9 to codify regulatory guidance

concerning the use of lamps which are

not required by § 393.11 and FMVSS

No. 108, and to address obstruction of

lamps.

Section 393.9 requires that lamps be

capable of being operated at all times.

The FHWA has issued regulatory

guidance indicating that § 393.9 is only

applicable to those lamps which are

required by the FMCSRs. Therefore, if a

motor carrier installs additional lamps

which are found to be inoperable, for

whatever reason, the carrier should not

be considered in violation of § 393.9.

The FHWA proposes to codify this

regulatory guidance.

Section 393.11—Lighting Devices and

Reflectors

The FHWA is proposing that the title

of § 393.11 be revised to read ‘‘Lamps

and reflective devices’’ to maintain

consistency between the proposed title

for subpart B and § 393.11. The FHWA

is also proposing that motor vehicles

manufactured on or after December 25,

1968, be required to meet the

requirements of FMVSS No. 108 in

effect at the time of manufacture or a

later, higher, standard. Currently,

§ 393.11 only requires that vehicles

manufactured on or after March 7, 1989,

meet the requirements of FMVSS No.

108. Vehicles manufactured prior to

March 7 may meet either FMVSS No.

108 or the requirements of part 393 in

effect on the date of manufacture.

The NHTSA’s FMVSS No. 108

became effective on December 25, 1968,

so manufacturers have been required to

meet these requirements since that date.

The FHWA’s reference to March 7,

1989, under § 393.11 is therefore

inappropriate. Since vehicles

manufactured between December 25,

1968, and March 7, 1989, were

originally manufactured to meet FMVSS

No. 108, motor carriers who have

maintained lamps and reflectors in the

required locations for these older

vehicles would not be affected by the

proposed revision.

In addition, the FHWA is proposing to

revise § 393.11 to provide better

guidance on the requirements for

trailers, and to correct several omissions

in Table 1 of that section. The paragraph

preceding Table 1 does not present a

clear statement of the requirements for

lamps and reflectors.

On December 10, 1992, the NHTSA

published a final rule requiring that

trailers manufactured on or after

December 1, 1993, which have an

overall width of 2,032 mm (80 inches)

or more and a gross vehicle weight

rating (GVWR) of more than 4,536 kg

(10,000 pounds), be equipped on the

sides and rear with a means for making

them more visible on the road (57 FR

238). Trailers manufactured exclusively

for use as offices or dwellings are

exempt.

The NHTSA rule allows trailer

manufacturers to install either red and

white retroreflective sheeting or reflex

reflectors. Manufacturers of

retroreflective sheeting or reflectors are

required to certify compliance of their

product with FMVSS No. 108 (49 CFR

571.108) whether the product is for use

as original or replacement equipment.

Currently, § 393.11 requires that all

lamps and reflective devices on motor

vehicles placed in operation after March

7, 1989, meet the requirements of

FMVSS No. 108 in effect on the date of

manufacture. Therefore, trailers

manufactured on or after December 1,

1993, must have reflective devices of the

type and in the locations specified by

FMVSS No. 108. To make certain that

all motor carriers operating trailers

subject to the FMCSRs are aware of their

responsibility to maintain the

conspicuity treatment, the FHWA is

proposing the addition of detailed

language under § 393.11. The FHWA

would cross-reference the specific

paragraphs of FMVSS No. 108 related to

the applicability of NHTSA’s trailer

conspicuity standards, the required

locations for the conspicuity material,

and the certification and marking

requirements.

The FHWA notes that during the

NHTSA rulemaking, the issue of

requiring conspicuity material on the

rear underride device generated

industry concerns about the

maintainability of the retroreflective

sheeting in that location. As stated in

the preamble to NHTSA’s December 10,

1992, final rule:

Objections were based on the potential for

frequent damage that would cause trailers in

use to fail inspections by the FHWA. NHTSA

has observed that the horizontal bar of the

underride device is less subject to docking

impacts than the vertical bars because it is

below most dock surfaces (and under a

NHTSA proposal [a reference to the NHTSA’s

supplemental notice of proposed rulemaking

concerning rear impact guards (57 FR 252,

January 3, 1992)] would be even lower).

Therefore, the final rule requires

retroreflective material to be applied to the

horizontal device, instead of the vertical ones

as proposed. NHTSA believes that the

original conspicuity material should have a

long useful life on a large number of trailers,

especially if it is applied to a recessed

surface. However, NHTSA recognizes that

routine damage, as a practical matter, may be

unavoidable for some trailers as a

consequence of their particular use.

Therefore, the FHWA will consider the

exclusion of conspicuity treatment from the

rear underride device in any future

rulemaking concerning trailer conspicuity

requirements for vehicles subject to 49 CFR

393 Parts and Accessories Necessary for Safe

Operation, and 49 CFR 396 Inspection

[,Repair,] and Maintenance.

The proposed cross-reference to the

NHTSA conspicuity requirements

includes a reference to the specific

paragraphs within FMVSS No. 108

concerning the locations for the

conspicuity treatments. The proposal

does not, however, include an

exemption to the requirement that

motor carriers maintain the conspicuity
Federal Register / Vol. 62, No. 71 / Monday, April 14, 1997 / Proposed Rules 18173

material on the rear underride device.

The agency requests comments from

motor carriers on the durability of the

conspicuity material located on the

horizontal member of the rear underride

protection devices. Commenters are

asked to identify the specific types of

trailers and operating conditions that

they believe are associated with the

durability problems cited in addition to

providing color photographs of the

damaged conspicuity materials.

The FHWA published an advance

notice of proposed rulemaking

concerning the possibility of retrofitting

trailers manufactured prior to December

1, 1993, with the red and white

reflective material (59 FR 2811, January

19, 1994). On August 6, 1996, the

FHWA announced that it would issue a

notice of proposed rulemaking to

require motor carriers to retrofit their

trailers with conspicuity material (61 FR

40781). Since the issue of retrofitting is

being addressed under FHWA Docket

No. MC–94–1, comments on that subject

will not be considered in this

rulemaking.

In addition to providing explicit

guidance on trailer conspicuity, the

FHWA proposes to amend § 393.11 to

codify certain regulatory guidance on

the use of amber stop lamps, amber tail

lamps, and optical combinations which

would involve the use of amber tail

lamps or amber stop lamps. Motor

vehicles are required to be equipped

with at least two red stop lamps and two

red tail lamps. However, some motor

carriers have expressed an interest in

using additional stop lamps and/or tail

lamps that are amber in color.

Federal Motor Vehicle Safety

Standard No. 108 does not allow amber

as an alternate color for a tail lamp. In

an August 23, 1990, interpretation to a

manufacturer of lamps and reflectors,

NHTSA stated that ‘‘We have no

intention of allowing amber as an

alternate color for a tail lamp.’’ In a

December 10, 1991, interpretation to the

FHWA, the NHTSA indicated that a

combination amber turn signal and tail

lamp is implicitly prohibited by FMVSS

No. 108.

When combined with an amber turn signal

lamp, the intensity of an amber tail lamp

might mask the turn signal operation.

Because motorists are not used to seeing

steady burning amber lamps on the rear of

vehicles, amber taillamps could lead to

momentary confusion of a driver following

the trailer when the stop lamps are activated,

thereby impairing the effectiveness of the

stop signal. The presence of simultaneously

burning amber and red taillamps could also

create some confusion of a following driver

approaching the trailer from around a corner

to its rear. Thus we have concluded that a

combination amber turn signal and taillamp

is implicitly prohibited by Standard No. 108.

The FHWA agrees that motorists are

not used to seeing amber lamps used in

conjunction with red lamps to signal

that the vehicle is stopping and believes

the FMCSRs should be amended

explicitly to prohibit the use of amber

tail lamps.

To ensure that the proposed

prohibition does not conflict with

FMVSS No. 108, the FHWA reviewed

the NHTSA requirements. Section

S5.1.3 of FMVSS No. 108 prohibits the

installation of supplementary lighting

equipment that ‘‘impairs the

effectiveness of lighting equipment

required by this standard.’’ Although

the determination of impairment is

initially that of the vehicle’s

manufacturer in certifying that the

vehicle meets all applicable FMVSSs,

the NHTSA may review that

determination and, if clearly erroneous,

inform the manufacturer of its views.

Since § 393.11 cross-references

FMVSS No. 108, the FHWA’s regulatory

guidance on the use of amber stop

lamps and tail lamps is generally

contingent upon a NHTSA

determination as to whether or not the

lamp impairs the effectiveness of other

rear lamps. While certification by the

vehicle manufacturer and subsequent

review by the NHTSA address the

vehicle manufacturer’s role in the safe

operation of the CMV, a less

complicated approach is needed to

ensure that the FMCSRs are easy to

understand, use, and enforce.

Explicit guidance is needed to ensure

that once a vehicle manufacturer

certifies that a vehicle meets all

applicable FMVSSs, the motor carrier

does not modify it in a manner

inconsistent with FMVSS No. 108. The

FHWA is not aware of any vehicle

manufacturers that use amber stop

lamps or tail lamps as standard

equipment. Consequently, the proposed

restriction would (1) discourage motor

carriers from asking vehicle

manufacturers to install amber tail

lamps and/or stop lamps on vehicles as

optional equipment and (2) prohibit the

motor carrier from installing or using

such devices on its commercial motor

vehicles.

With regard to omissions in Table 1

in § 393.11, the FHWA is proposing

amendments to footnotes 4 through 10

to address inconsistencies with other

sections of subpart B to part 393. In

addition, the agency is proposing to

correct the listing for clearance lamps

and reflex reflectors and to include

metric units in describing the location

of the required lamps and reflectors.

The current listing for clearance

lamps omits reference to footnote 8

concerning pole trailers and does not

include reference to the provision in

FMVSS No. 108 (S5.1.1.9) for clearance

lamps on boat trailers. Under FMVSS

No. 108, a boat trailer with an overall

width of 2,032 mm (80 inches) or more

is not required to be equipped with both

front and rear clearance lamps provided

an amber (to the front) and red (to the

rear) clearance lamp is located at or near

the midpoint on each side to indicate

the extreme width of the trailer. This

provision for clearance lamps on boat

trailers would be covered under a new

footnote 17.

The listings for reflex reflectors (front

side) and side marker lamps (front) are

being revised to address an

inconsistency between § 393.11 and

FMVSS No. 108 (S5.1.1.15). Under

FMVSS No. 108 a trailer that is less than

1,829 mm (6 feet) in length (including

the trailer tongue) need not be equipped

with front side marker lamps and front

side reflex reflectors. This exception

would be covered under a new footnote

16.

The FHWA is proposing to remove

the last sentence in footnote 4, which

requires that the rear side marker lamps

be visible in the rearview mirror. This

requirement is impractical and is

inconsistent with FMVSS No. 108.

Section 571.108 (S5.1.1.8) incorporates

by reference the Society of Automotive

Engineers (SAE) recommended practice

Clearance, Side Marker, and

Identification Lamps, (SAE J592e, July

1972) which provides photometric

standards. These standards cover

geometric visibility angles of 45 degrees

left to 45 degrees right and 10 degrees

up to 10 degrees down. In order for the

rear side marker lamps to be visible in

the rearview mirrors the left to right

angles would each have to be

approximately 85 degrees. Since side

marker lamps which meet the minimum

standards contained in SAE J592e

generally are not visible in the rearview

mirror, the agency is proposing to

amend footnote 4.

The FHWA is proposing editorial

changes to footnotes 5 through 8 to

improve the manner in which the

requirements are presented. For

instance, in footnote 5 the change would

make it clear that converter dollies are

only required to have one stop lamp and

one tail lamp. The current wording,

when combined with the legend at the

end of § 393.11, could be construed as

requiring two stop lamps and two tail

lamps.

Amendments to footnotes 9 and 10

would remove the requirements that

projecting loads be equipped with
18174 Federal Register / Vol. 62, No. 71 / Monday, April 14, 1997 / Proposed Rules

lamps and reflectors during daylight

hours. There is no apparent safety

benefit for requiring lamps and

reflectors on projecting loads during

times when lamps are not required to be

used.

Footnote 15 would be revised to

incorporate language consistent with

certain FMVSS No. 108 options—

covered under S5.3.1.1.1, S5.3.1.4,

S5.3.1.6—on the locations for clearance

lamps.

Section 393.17—Lamps and Reflectors,

Driveaway-Towaway Operations

The FHWA proposes to change the

wording of the diagrams which

illustrate the requirements of § 393.17.

The diagrams incorrectly reference

§§ 393.25(e) and 393.26(d) and would be

amended to reference § 393.11, which

covers the color of exterior lamps and

reflective devices.

Section 393.19—Requirements for Turn

Signaling Systems

The FHWA is proposing to revise

§ 393.19 to make it more consistent with

FMVSS No. 108 (S5.5.5). Paragraph

S5.5.5 provides a concise standard that

vehicle manufacturers must meet. To

ensure consistency between FMVSS No.

108 and the FMCSRs, the FHWA would

adopt the NHTSA standard.

Section 393.20—Clearance Lamps to

Indicate Extreme Width and Height

The FHWA is proposing to remove

§ 393.20 because the requirements for

the location and color of clearance

lamps are provided in Table 1 of

§ 393.11. The exceptions concerning the

mounting of clearance lamps currently

contained in § 393.20 would be

included under footnote 15 to Table 1.

Illustrations comparable to those

provided in § 393.20 are already

contained in § 393.11.

Section 393.23—Lighting Devices to be

Electric

The FHWA is proposing to amend

§ 393.23 to incorporate terminology

which is more consistent with current

industry standards and practices. With

the exception of temporary lamps used

on projecting loads, lamps would be

required to be powered through the

electrical system of the commercial

motor vehicle. The title of § 393.23

would be revised to read ‘‘Power supply

for lamps’’ and the reference to red

liquid-burning lanterns would be

removed as obsolete.

Section 393.24—Requirements for

Headlamps and Auxiliary Road Lighting

Lamps

The FHWA is proposing to amend

§ 393.24 to provide a more

straightforward presentation of the

requirements for the mounting of

headlamps and auxiliary lamps, and to

incorporate by reference SAE standards

applicable to these lamps. Currently

§ 393.24 allows auxiliary and fog lamps

to be used provided they meet ‘‘the

appropriate SAE Standard for such

lamps.’’ The FHWA would incorporate

by reference SAE standards J581

Auxiliary Driving Lamps, January 1995,

and J583 Front Fog Lamps, June 1993,

for the purpose of establishing more

specific performance requirements for

such lamps. While auxiliary driving

lamps and fog lamps are not required to

be used, performance standards should

be specified to ensure that the use of

such devices does not decrease safety.

A new paragraph is being proposed to

address marking of headlamps.

Paragraph S7.2 of FMVSS No. 108

requires the lens of each headlamp and

beam contributor manufactured on or

after December 1, 1989, to be marked.

The FHWA proposes to include this

requirement under § 393.24 to ensure

that commercial motor vehicles are

equipped with original or replacement

headlamps which meet the

requirements of FMVSS No. 108.

Paragraph (d) of § 393.24, Aiming and

intensity, would be revised to reference

FMVSS No. 108, and SAE standards

J581 and J583. One of the SAE standards

currently referenced in § 393.24(d)—

Electric Headlamps for Motor

Vehicles—was canceled by the SAE.

The other SAE standard, J579 Sealed

Beam Headlamp Units for Motor

Vehicles, is not necessary given the

proposed cross-reference to FMVSS No.

108 and the incorporation by reference

of SAE J581 and J583.

Section 393.25—Requirements for

Lamps Other Than Headlamps

To improve the clarity with which the

requirements are presented, the FHWA

is proposing to revise § 393.25 in its

entirety. Section 393.25(a) would

provide a concise description of the

mounting requirements for lamps.

Paragraph (b) Visibility, would provide

technically sound performance

standards for all required lamps.

Currently § 393.25(b) requires lamps to

be mounted such that they are capable

of being seen at distances up to 152.4

meters (500 feet) under clear

atmospheric conditions during the

period when lamps must be used as

provided by § 392.30. The FHWA

determined that § 392.30 duplicated

State and local regulations and removed

that requirement on November 23, 1994

(59 FR 60319). Also, the FHWA believes

the performance criteria for lamps are

effectively addressed by § 393.11 which

cross-references FMVSS No. 108. Lamps

must, at a minimum, meet the

requirements of FMVSS No. 108 in

effect on the date of manufacture of the

vehicle. FMVSS No. 108 specifies the

minimum and maximum photometric

output values for required lamps.

Vehicles not subject to FMVSS No. 108

on the date of manufacture would be

required to meet the visibility

requirements specified in the SAE

standards proposed for incorporation by

reference under § 393.25(c).

The FHWA is proposing to delete

§ 393.25(d), Certification and markings,

to make the FMCSRs consistent with

FMVSS No. 108. With the exception of

headlamps and beam contributors,

FMVSS No. 108 does not require lamps

to be marked. Manufacturers are

responsible for ensuring that their

products meet the applicable

requirements of FMVSS No. 108 but the

lamps do not have to be marked by the

manufacturer to indicate that the device

meets the standards. In this case,

§ 393.25(d) sets in-service requirements

for lamps which are more stringent than

the manufacturing standards set by the

NHTSA. The removal of § 393.25(d)

would correct this inconsistency.

The agency is proposing to amend

§ 393.25(e), Lighting devices to be

steady-burning, and § 393.25(f), Stop

lamp operation, to provide more concise

statements of the requirements of each.

The FHWA is proposing to allow

exceptions for the use of amber warning

lamps which meet SAE J595, Flashing

Warning Lamps for Authorized

Emergency, Maintenance and Service

Vehicles, January 1990, SAE J845, 360

Degree Warning Lamp for Authorized

Emergency, Maintenance and Service

Vehicles, March 1992, or SAE J1318

Gaseous Discharge Warning Lamp for

Authorized Emergency, Maintenance,

and Service Vehicles, April 1986. Only

Class 2 and Class 3, 360 degree warning

lamps and gaseous discharge warning

lamps would be allowed. Class 1, 360-

degree and gaseous discharge warning

lamps, the primary warning lamps for

use on authorized emergency vehicles

responding to emergency situations,

would not be allowed. All of these SAE

recommended practices would be

incorporated by reference. In

determining the need for this proposal,

the FHWA notes that Class 2 and 3, 360-

degree warning lamps and similar nonsteady burning lamps are used on many

commercial motor vehicles which
Federal Register / Vol. 62, No. 71 / Monday, April 14, 1997 / Proposed Rules 18175

transport oversized loads, tow trucks,

and certain utility company vehicles.

Adding these devices to the list of

exceptions would prevent confusion as

to the applicability of § 393.25(e).

The FHWA is proposing to revise

§ 393.25(f) to eliminate a regulatory

inconsistency between §§ 393.25(f) and

393.49 and to simplify the wording of

the requirements. Currently, § 393.25(f)

states that stop lamps on a towing

vehicle need not be actuated when

service brakes are applied to the towed

vehicle(s) only. This provision is

inconsistent with § 393.49, Single valve

to operate all brakes. When a

combination vehicle includes a trailer

that is required to be equipped with

brakes, the braking system must be

arranged so that a single valve controls

the brakes on the towing unit and the

towed unit. Since the FMCSRs do not

allow the towing unit to operate without

service brakes, and a single valve is

required to operate all the brakes on the

combination, the current wording of

§ 393.25(f) is inconsistent with § 393.49.

The proposed revision to § 393.25(f)

would include language from FMVSS

No. 108, S5.5.4, concerning stop lamp

operation, to ensure consistency

between the FMCSRs and the FMVSSs.

Section 393.26—Requirements for

Reflectors

Consistent with the proposed

amendments to § 393.25, the FHWA is

proposing to revise § 393.26 in its

entirety. The agency would amend

§ 393.26(a) concerning the mounting of

reflectors, to provide guidelines

comparable to those proposed for

§ 393.25(a). Paragraph (b) would be

revised to include a requirement that

reflex reflectors on projecting loads,

vehicles transported in driveawaytowaway operations, converter dollies,

and pole trailers meet SAE J594—Reflex

Reflectors, July 1995. The SAE

recommended practice would be

incorporated by reference.

The current requirement for

certification and marking under

§ 393.26(c) would be removed to make

the FMCSRs consistent with FMVSS No.

108. FMVSS No. 108 does not require

that reflectors be marked by the

manufacturer to indicate that the device

meets the standards. Paragraph (c)

would then be used to incorporate

American Society for Testing and

Materials (ASTM) D4956–90, Standard

Specification for Retroreflective

Sheeting for Traffic Control, as the

minimum standard for reflective tape

used in lieu of reflex reflectors.

Retroreflective sheeting that conforms to

the ASTM standard would generally

meet the requirements of FMVSS No.

108, S5.1.1.4, concerning the use of

reflective tape in lieu of reflex reflectors.

The performance of the reflective

sheeting as installed on the vehicle

would have to meet the geometric

visibility requirements under SAE J594,

Reflex Reflectors, July 1995.

Paragraph (d) would be revised to

more clearly state that reflective

surfaces or materials other than those

required by § 393.11 may be used in

addition to, but not in lieu of, the

required reflective devices.

Sections 393.27, 393.28, 393.29, 393.31,

393.32, 393.33—Regulations on

Electrical Wiring

The FHWA is proposing to

incorporate by reference in § 393.28,

SAE J1292—Automobile, Truck, TruckTractor, Trailer, and Motor Coach

Wiring, October 1981, which covers

basic aspects of performance, operating

integrity, and service. Section 393.28

would be renamed ‘‘Wiring systems.’’

The guidelines contained in J1292

effectively cover the requirements

currently addressed by § 393.27, Wiring

specifications; § 393.28, Wiring to be

protected; § 393.29, Grounds; § 393.31,

Overload protective devices; § 393.32,

Detachable electrical connections; and

§ 393.33, Wiring, installation. Among

the specific topics addressed by the SAE

standard are insulated cables; conductor

termination; conductor splicing;

conductor grouping; wire assembly

construction; wire assembly installation

and protection; and wiring overload

protective devices. The SAE standard

proposed for incorporation would

provide a concise presentation of those

aspects of commercial vehicle electrical

systems that should be addressed by the

FMCSRs. Sections 393.27, 393.29,

393.31, 393.32 and 393.33 would be

removed.

The incorporation by reference would

also remove certain design restrictive

language from § 393.28(a)(5) concerning

terminals or splices above the fuel tank.

The FHWA received petitions from the

Ford Motor Company, Freightliner

Corporation, and the Motor Vehicle

Manufacturers Association (now the

American Motor Vehicle Manufacturers

Association) requesting an amendment

to § 393.28(a)(5), which was adopted in

the December 7, 1988, final rule (53 FR

49380). The petitions are available for

review in the docket. Each of the

petitions pointed out that use of the

word ‘‘terminal’’ combined with

‘‘above’’ created ambiguity with respect

to the proximity of electrical wiring to

the fuel tanks. Electrical terminals

performing various functions, from

battery terminals (Ford Motor Co.) to

relays and switches (Freightliner

Corporation), are mounted above the

fuel tanks. In some instances these

switches or relays with terminals are

mounted 203 mm (8 inches) or more

above the fuel tank or on the frame rail

(in the case of Freightliner and DaimlerBenz power units). In the case of Ford

power units, the fuel tank is specifically

designed for battery installation.

The notice of proposed rulemaking

that preceded the final rule would have

prohibited wiring from being adjacent to

any part of the fuel system (52 FR 5892,

February 26, 1987). The wording in the

final rule was less restrictive than the

proposed language and focused

specifically on terminals and splices.

The FHWA agrees with the petitioners,

however, that § 393.28(a)(5) is still

unnecessarily restrictive. The proposed

incorporation by reference would

provide criteria that effectively and

safely address the issue of wiring

around the fuel system of commercial

motor vehicles and resolve the

petitioners’ concerns.

Subpart C—Brakes

Section 393.40—Required Brake

Systems

The FHWA is proposing to revise

§ 393.40 in its entirety to present more

clearly the requirements contained

therein. Generally, all vehicles which

have been maintained to meet at least

the manufacturing standards applicable

at the time of manufacture will not be

affected by the proposed revisions.

Hydraulic braked and air braked

vehicles would be required to meet the

requirements of FMVSS Nos. 105 and

121, respectively, in effect at the time of

manufacture. The service, parking, and

emergency brake requirements for

vehicles which were not subject to

either of the FMVSS brake regulations

would be provided by references to

other applicable sections in subpart C

and by the requirements currently found

under § 393.40(b)(2) and (c).

With regard to FMVSS No. 105, the

FHWA notes that between September 1,

1975, and October 12, 1976, the

standard was applicable to trucks and

buses. However, from October 12, 1976,

to September 1, 1983, it covered only

passenger cars and school buses. From

1983 to the present the standard has

applied to trucks and buses. For the

purposes of § 393.40, the FHWA will

use September 2, 1983, as the date for

determining which hydraulic-braked

vehicles must be maintained to meet

certain requirements under FMVSS No.

105.

There could be some benefit in

requiring vehicles manufactured

between September 1975 and October
18176 Federal Register / Vol. 62, No. 71 / Monday, April 14, 1997 / Proposed Rules

1976 to meet the requirements of

FMVSS No. 105 in effect on the date of

manufacture. However, the number of

these older vehicles still in operation is

relatively small, and the brake

requirements under part 393 to which

these vehicles would continue to be

subject should ensure safety of

operation.

Section 393.41—Parking Brake System

The December 7, 1988, final rule on

part 393 was intended to make the

parking brake requirements of the

FMCSRs consistent with the parking

brake requirements of FMVSS Nos. 105

and 121. The FHWA has since

determined that additional changes are

necessary. The current language only

covers air braked vehicles manufactured

on or after March 7, 1990, which are

subject to FMVSS No. 121. The wording

implies that all non-air braked vehicles,

irrespective of the date of manufacture,

and air braked motor vehicles

manufactured prior to that date are not

required to be equipped with parking

brakes.

Prior to the 1988 amendment § 393.41

required that every singly driven motor

vehicle and every combination of motor

vehicles shall at all times be equipped

with a parking brake system adequate to

hold the vehicle or combination on any

grade on which it is operated under any

condition of loading on a surface free

from ice or snow. The FHWA considers

the parking brake requirements in effect

prior to the 1988 amendment to provide

a more straightforward standard that is

easier for the industry and State officials

to understand.

The agency is proposing to revise

§ 393.41 to state clearly that every selfpropelled commercial motor vehicle

(i.e., trucks, truck-tractors and buses)

and every combination of commercial

motor vehicles must be equipped with

a parking brake system adequate to hold

the vehicle or combination on any grade

on which it is to be parked and under

any condition of loading, on a surface

free from ice or snow. Commercial

motor vehicles which were subject to

the parking brake requirements of

FMVSS Nos. 105 or 121 at the time of

manufacture would be required to

maintain the parking brake systems to

meet those standards. Motor vehicles

which were not subject to either of the

FMVSS parking brake requirements

would have to meet the requirements

currently found at § 393.41 (b) and (c).

The proposed revisions to § 393.41

would also address a petition for

rulemaking from International

Transquip Industries, Incorporated (ITI)

asking the FHWA to clarify the

applicable requirements for air-applied,

mechanically-held parking brakes. The

petition is available for review in the

docket. The ITI manufactures an air

brake system which includes an airapplied, mechanically-held parking

brake. The parking brake application is

initiated by exhausting air off the

supply line. When the control valve

senses the supply line pressure drop, it

ports air from either the primary or

secondary reservoirs at a controlled

pressure to the brake chambers resulting

in an application of the brakes. The

same supply line pressure signal

activates a synchronizing device which

engages the mechanical pistons

immediately after the brakes have been

applied.

Section 393.41(b) requires that the

parking brake be capable of being

applied at all times by either the driver’s

muscular effort, or by spring action, or

by other energy. In the case of ‘‘other

energy,’’ the accumulation of such

energy must be ‘‘isolated from any

common source and used exclusively

for the operation of the parking brake.’’

This wording has been in effect since

1962 and could be construed as

requiring a separate reservoir for airapplied, mechanically-held parking

brakes. Such a requirement is

inconsistent with FMVSS No. 121.

On August 9, 1979, the NHTSA

amended FMVSS No. 121 to allow the

application of the parking brakes by

means of service brake air if (1) the

application could be made when a

failure exists in the service brake

system, and (2) the parking brake is held

in the applied position by mechanical

means (44 FR 46850). Prior to this

amendment, an air-applied,

mechanically-held parking brake was

required to be applied by a separate

reservoir. The proposed revision of

§ 393.41(b) would include a crossreference to the parking brake

requirements of FMVSS No. 121, thus

eliminating any inconsistencies.

For air braked vehicles which were

not subject to FMVSS No. 121 at the

time of manufacture, § 393.41 would

continue to allow the use of air-applied,

mechanically-held parking brake

systems applied by a separate reservoir.

The motor carrier would have the

option of modifying the brake system to

meet FMVSS No. 121. Air-applied,

mechanically-held parking brakes

which are designed to operate without

a separate reservoir could be used if the

conditions specified in FMVSS No. 121

are met.

Section 393.42—Brakes Required On All

Wheels

The agency is proposing to revise

§ 393.42(b)(3) to clarify the exceptions

for lightweight trailers and to address

brake requirements on housemoving

dollies, three-axle dollies steered by a

co-driver, and similar dollies and

trailers used for transporting extremely

large and heavy loads at low speeds.

As part of the January 27, 1987, final

rule on front wheel brakes, the FHWA

amended the exemption for brakes on

lightweight trailers (52 FR 2801). Prior

to the amendment, full trailers, semitrailers, or pole trailers with a gross

weight of less than 1,360 kg (3,000

pounds) were not required to have

brakes provided the weight of the trailer

did not exceed 40 percent of the weight

of the towing unit. The 1987

amendment replaced the term ‘‘gross

weight’’ with ‘‘GVWR’’ or gross vehicle

weight rating.

While the change to GVWR has

certain benefits in terms of applying the

regulation to situations in which it is

not convenient to weigh the trailer, the

amendment did not adequately address

concerns about stability and control

during braking for trailers that have a

GVWR greater than 1,361 kg (3,000

pounds), but an actual or gross weight

less than 1,361 kg when lightly loaded.

Under certain circumstances, trailers of

this weight range may be overbraked

resulting in wheel lockup or skidding

when the trailer is lightly loaded. The

FHWA believes § 393.42 should be

amended to make reference to the gross

weight. Trailers covered under the

current reference to GVWR would be

covered under the revised exemption

provided the vehicle is not loaded

beyond the manufacturer’s weight

rating. Trailers with a GVWR in excess

of 1,361 kg (3,000 pounds) would only

be covered by the exemption on those

occasions when the gross weight of the

trailer is 1,361 kg (3,000 pounds) or less.

The proposed language would help to

provide a performance-based criteria

that is easier to understand and enforce.

Although the exemption concerning

lightweight trailers never specifically

addressed converter dollies, the issue of

overbraking on unladen converter

dollies has been the subject of several

requests for interpretation of § 393.42(b).

Converter dollies are generally

designed to carry loads of

approximately 9,072 kg (20,000 pounds)

with a brake system sized for the fully

loaded condition. While the GVWR is

greater than 1,360 kg (3,000 pounds) the

unladen weight is usually 1,360 kg or

less. When towed behind another motor

vehicle, the unladen converter dolly is

overbraked, with the application of the

service brakes causing wheel lock-up or

skidding.

In 1990, the NHTSA’s Vehicle

Research and Test Center (VRTC)
Federal Register / Vol. 62, No. 71 / Monday, April 14, 1997 / Proposed Rules 18177

conducted tests to evaluate the braking

and stability of a bobtail truck tractor

towing an unladen converter dolly. Both

the truck tractor and the converter dolly

were equipped with ABS that could be

deactivated. The truck tractor was also

equipped with an automatic front-axle

limiting valve (ALV) and a bobtail

proportioning valve (BPV) that could

each be deactivated.

The tests included 97 km/hour (60

mph) straight-lane braking, 48 km/hour

(30 mph) braking in a 152.4 meters (500

ft) radius curve, and 56 km/hour (35

mph) straight-lane braking. The 97 km/

hour straight-lane braking tests were

performed on dry concrete (high

coefficient of friction surface). The

braking-in-a-curve tests were performed

on wet Jennite (low coefficient of

friction surface). The 56 km/hour

straight-lane braking was performed on

wet polished concrete. The tests used

‘‘driver best effort’’ for the cases in

which the ABS was turned off, and fulltreadle brake applications with the ABS

turned on.

When the brakes on the converter

dolly were not connected, stopping

distances were increased by 12 to 30

percent over those for the bobtail tractor

without the converter dolly. Also, the

absence of braking on the converter

dolly made locking the drive axles of

the tractor easier which caused the

combination to jackknife. The absence

of braking on the dolly did, however,

prevent locking the wheels and

subsequent swing-out of the dolly.

When the brakes on the converter

dolly were connected and the tractor

did not have a bobtail proportioning

valve (BPV) system, stopping distances

on the two wet surfaces were 10 to 25

percent shorter than those with the

bobtail tractor alone. On the dry surface

the stopping distances were slightly

longer with the dolly brakes operational.

When the tractor was equipped with a

BPV system and the dolly brakes were

connected, stopping distances were

longer on all of the test surfaces and in

one case by as much as 60 percent.

There were no stopping distance

decreases observed for the tests

performed on the dry concrete when the

converter dolly brakes were connected.

However, the increases were

significantly less than those observed

when the converter dolly brakes were

disconnected.

While having operable brakes on the

unladen converter dolly decreased

stopping distances in certain cases, two

disadvantages were observed. If the

tractor is equipped with a BPV, hooking

up the supply (emergency) line to

release the parking brakes on the dolly

will deactivate the BPV and activate the

ALV. This is true even if the control

(service) line is not hooked up to the

dolly. This practice significantly

degrades braking performance,

increasing both the stopping distance

and the chance of a jackknife of the

combination vehicle. The other

disadvantage is that the converter dolly

can swing out if the wheels lock up.

Stability and control during braking is

an important consideration in

determining braking requirements for

commercial motor vehicles. While

stopping distances for a bobtail tractor

towing an unladen converter dolly

could be improved in some situations

by requiring operable dolly brakes, they

could be significantly degraded in

others. When consideration is given to

the possibility of the converter dolly

swinging out as a result of wheel lock

up, the FHWA believes the FMCSRs

should be amended to include an

exception to the requirement for

operable brakes on unladen converter

dollies.

Although regulatory guidance

published by the FHWA on November

17, 1993 (58 FR 60734) stated that

§ 393.42(b)(3) is applicable to unladen

converter dollies, this NPRM would

create an exception for converter dollies

under § 393.48, Brakes to be operative.

Converter dollies are always equipped

with brakes. Nevertheless, the air lines

for the service brakes are sometimes

disconnected from the towing vehicle

when the converter dolly is unladen.

Therefore, an exception to § 393.42 (the

requirement that the converter dolly be

equipped with brakes) is not necessary.

The FHWA is proposing to address the

problem by amending § 393.48 to

provide an exception to the requirement

that the brakes be operable when the

converter dolly is unladen.

The FHWA notes that with NHTSA’s

March 10, 1995 (60 FR 13216) final rule

on antilock braking systems (ABS), the

long-term need for this exception for

unladen converter dollies will diminish.

An ABS-equipped converter dolly will

not have the stability and control

problems observed with unladen

converter dollies that are not equipped

with ABS. Therefore, converter dollies

manufactured on or after March 1, 1998,

the effective date of the NHTSA

requirement for ABS on converter

dollies, will not be covered by the

exception.

On the subject of housemoving dollies

and similar vehicles designed to

transport extremely large and/or heavy

loads, the FHWA is proposing an

exemption to the requirement for brakes

on all wheels based on the specialized

circumstances under which these motor

vehicles are used on public roads.

Housemoving dollies are only used on

public roads when transporting houses.

Semitrailers are used to transport the

dollies between jobs. When the dollies

are used to transport houses, the average

speed is less than 32 km/hour (20 mph).

Also, escort vehicles are generally used

when the houses are being moved.

Similarly, specialized trailers and

dollies used to transport industrial

furnaces, reactors and other heavy cargo

are operated at speeds less than 32 km/

hour (20 mph) and have escort vehicles.

The FHWA does not believe that

safety would be compromised by

providing an exception to the

requirement for brakes on all wheels

provided the brakes on the towing unit

are capable of stopping the combination

within 12.2 meters (40 feet) from the

speed at which the vehicle is being

operated or 32 km/hour (20 mph),

whichever is less.

The proposed exemption to the

requirement for brakes on all wheels

would also cover the steering axles of

three-axle dollies which are steered by

a co-driver (tillerman) at the rear. These

dollies are often used to transport

concrete or steel beams used for bridges

or other structures. The loads are often

in excess of 30.5 meters (100 feet) in

length. The front of the load is secured

to the power unit with the rear of the

load secured to the three-axle steerable

dolly. A co-driver, seated in the dolly,

operates the steering controls to help

maneuver the combination vehicle.

Although the dolly is equipped with

brakes via air lines from the towing unit,

the steering axle is typically overbraked

making it difficult for the co-driver to

steer the dolly. When the dolly is

loaded, the steering axle weight rarely

exceeds 3,402 kg (7,500 pounds).

The FHWA has no reason to believe

that an exemption to the requirement for

steering axle brakes on these vehicles

would degrade safety. The vehicles

transport unusually long loads, often

require special permits, and have to

operate at reduced speeds. Therefore,

the agency is proposing to exempt the

steering axles of such vehicles from the

requirement of § 393.42(a) that all

wheels be equipped with brakes

provided the combination of vehicles

can meet the stopping distance

requirements under § 393.52.

Section 393.43—Breakaway and

Emergency Braking

The FHWA is proposing to revise

§ 393.43(a) to include better guidance on

the performance requirements for

towing vehicle brake protection

systems. An explicit requirement that

the tractor protection valve or similar

device operate when the air pressure on
18178 Federal Register / Vol. 62, No. 71 / Monday, April 14, 1997 / Proposed Rules

the towing vehicle is between 138

kilopascals (kPa) and 310 kPa (20 psi

and 45 psi) would be added. This

criterion has been used for many years

during roadside inspections and its

inclusion in § 393.43(a) should not

create a problem for motor carriers.

The FHWA is proposing to revise

§ 393.43(b) to codify its interpretation of

the number of trailer brakes required to

apply automatically upon breakaway

from the towing vehicle. On November

17, 1993 (58 FR 60734), the FHWA

published regulatory guidance which

indicated that all brakes must be

applied upon breakaway. This is

consistent with the FHWA’s November

23, 1977, interpretation (42 FR 60078).

Since FMVSS No. 121 does not specify

the number of trailer brakes that must

apply automatically, it is possible that

some trailers may be able to meet those

performance requirements without

having all the brakes apply upon

breakaway. However, the FHWA

believes that most trailers would meet

the proposed amendment to § 393.43.

The FHWA specifically requests

comments from trailer manufacturers

concerning this issue.

Sections 393.45 and 393.46—Brake

Tubing and Hose

The FHWA is proposing to revise

§ 393.45 to address all aspects of brake

tubing and hoses, including

connections, and to remove § 393.46.

Currently, § 393.45 requires that brake

tubing and hose be designed and

constructed in a manner that ensures

proper, adequate, and continued

functioning of the tubing or hose. The

tubing or hoses must be long and

flexible enough to accommodate

without damage all normal motions of

the parts to which they are attached; be

suitably secured against chaffing,

kinking, or other mechanical damage;

and be installed in a manner that

ensures proper continued functioning

and prevents contact with the vehicle’s

exhaust system. Section 393.45 crossreferences FMVSS No. 106 as well as

several SAE standards.

The FHWA would retain most of the

current language regarding the

installation of the brake hoses and the

cross-reference to FMVSS No. 106. The

current language regarding the design,

material, and construction (§§ 393.45(a)

and (b)) would be removed because the

cross-reference to FMVSS No. 106

addresses manufacturing aspects of

brake tubing and hoses.

With the exception of SAE J844—

Nonmetallic Air Brake System Tubing,

the FHWA would eliminate the

references to SAE standards on brake

hoses. Since brake hose manufacturers

are required to meet all applicable

requirements under FMVSS No. 106, the

other SAE references are unnecessary.

The FHWA would incorporate by

reference SAE J844 (the October 1994

version) for coiled nylon brake tubing

because such tubing is not required to

meet S7.3.6 (length change), S7.3.10

(tensile strength), and S7.3.11 (tensile

strength of an assembly after immersion

in water) of FMVSS No. 106. Coiled

nylon tubing is exempted from the three

specific tests through an FMVSS No.

106 cross-reference to § 393.45. The

proposed incorporation by reference to

SAE J844 would preserve the current

manufacturing standards under FMVSS

No. 106 and simplify the crossreferencing between FMVSS No. 106

and § 393.45.

The requirements of § 393.45(c)

would be retained because they cover

aspects of brake hose and tubing

installation that are not covered in the

FMVSSs and otherwise would not be

adequately addressed in the FMCSRs.

The FHWA would remove § 393.45(d)

because it does not impose any specific

requirements on motor carriers. As

written, the paragraph serves as a

suggestion or recommendation on the

use of metallic and nonmetallic brake

tubing. Also, given the performancebased requirements for brake hose/

tubing installation being proposed, the

current language of § 393.45(d) would

be obsolete.

The proposed changes to § 393.45

would address a petition for rulemaking

from Imperial Eastman, a brake tubing/

hose manufacturer. The petition is

available for review in the docket.

Imperial Eastman believes that certain

coiled nonmetallic air brake tubing

which did not meet FMVSS No. 106 was

introduced into the market place as a

direct result of § 393.45. Imperial

Eastman believes that prior to the

December 7, 1988, final rule, § 393.45

was clear and that the 1988 revision has

been interpreted by some as not

applying the SAE J844 requirements to

nonmetallic air brake tubing.

The FHWA believes the proposed

cross-reference to FMVSS No. 106

would make it clear that any brake hose,

irrespective of the material from which

it is manufactured, that meets the

requirements of FMVSS No. 106 would

satisfy § 393.45. Also, the revision of

§ 393.45 would have the effect of

exempting only coiled nylon tubing

which meets SAE J844 from the

previously mentioned provisions of

FMVSS No. 106.

On the subject of brake tubing and

hose connections, the FHWA is

proposing that all assemblies and end

fittings for air, vacuum, or hydraulic

braking systems be installed so as to

ensure an attachment free of leaks,

constrictions or other conditions which

would adversely affect the performance

of the brake system. Brake tubing and

hose assemblies and end fittings would

be required to meet all applicable

requirements under FMVSS No. 106, as

is currently the case. These

requirements, currently covered under

§ 393.46, would be covered under

§ 393.45(e). Since the proposed language

for § 393.45 includes requirements

concerning installation, connections

and attachments, § 393.46 would be

removed.

Section 393.47—Brake Lining

Section 393.47 would be revised to

cover brake chambers, slack adjusters,

linings and pads, drums and rotors.

Brake components would be required to

be constructed, installed, and

maintained to prevent excessive fading

and grabbing. The means of attachment

and physical characteristics would have

to provide for safe and reliable stopping

of the commercial motor vehicle. To

make the requirements of part 393

consistent with the periodic inspection

requirements under appendix G to

subchapter B, § 393.47 would be

amended to require that the service

brake chambers and spring brake

chambers on each end of an axle be the

same size. The effective length of the

slack adjuster on each end of an axle

would also be required to be the same.

In addition, minimum requirements on

the thickness of linings or pads would

be specified.

With regard to linings and pads, the

proposed criteria would differ from

appendix G. Currently, appendix G does

not adequately address the issue of

brake lining thickness on the steering

axles of certain vehicles (typically those

with a GVWR between 4,536 and 14,969

kg (10,001 and 33,000 pounds)). This

issue was brought to the attention of the

FHWA by the American Trucking

Associations (ATA). The ATA discussed

front brake lining thickness in a petition

for reconsideration of the final rule on

periodic inspection. The petition is

available for review in the docket. In its

petition, the ATA stated:

There are two configurations of brake

lining used on steering axle brakes: blocks

(sometimes called pads) and strips. Block

lining is installed in four segments on the

two shoes of each front brake. Such lining is

typically well over 1⁄4 inch thick when new

and the 1⁄4 inch annual inspection criteria is

correct for it. Strip lining, as the name

implies, consists of a continuous band of

lining installed in two segments, one on each

shoe of an individual front brake. Certain

types of strip lining are only slightly over 1⁄4
Federal Register / Vol. 62, No. 71 / Monday, April 14, 1997 / Proposed Rules 18179

inch thick when new. Therefore a 1⁄4 inch

annual inspection criteria is inappropriate.

The roadside inspection guidelines

used by Federal and State inspectors

have the following criteria to determine

if the linings or pads of the steering axle

of any power unit are worn to the point

of creating an imminent hazard:

Lining with a thickness less than 3⁄16 inch

for a shoe with a continuous strip of lining

or 1⁄4 inch for a shoe with two pads for drum

brakes or to wear indicator if lining is so

marked, or less than 1⁄8 inch for air disc

brakes, and 1⁄16 inch or less for hydraulic

disc, drum and electric brakes.

The FHWA believes that these

guidelines should be added to § 393.47

to help motor carriers identify steering

axle brake linings and pads that are

excessively worn. Under a separate

rulemaking the FHWA will issue a

proposal concerning the periodic

inspection rule and appendix G to

subchapter B.

To address non-steering axle brake

lining/pads, the FHWA would

incorporate into § 393.47 the same

criteria currently found in appendix G.

Brake actuator readjustment limits

would also be specified under § 393.47.

The pushrod travel for clamp and rotochamber type actuators would be

required to be less than 80 percent of

the rated strokes listed in SAE J1817—

Long Stroke Air Brake Actuator

Marking, June 1991, or 80 percent of the

rated stroke marked on the brake

chamber by the chamber manufacturer,

or the readjustment limit marked on the

brake chamber by the chamber

manufacturer. The pushrod travel for

Type 16 and 20 long stroke clamp type

brake actuators (which are not covered

under SAE J1817 but for which there are

manufacturers’ recommendations)

would be required to be less than 51

mm (2 inches), or 80 percent of the rated

stroke marked on the brake chamber by

the chamber manufacturer, or the

readjustment limit marked on the brake

chamber by the chamber manufacturer.

For wedge brakes, the movement of the

scribe mark on the lining could not

exceed 1.6 mm (1⁄16 inch).

With regard to brake drums and

rotors, the thickness of the drums or

rotors would have to meet the limits

established by the brake drum or rotor

manufacturer.

Section 393.48—Brakes to be Operative

The FHWA is proposing to revise

§ 393.48 (a) and (b) to make the

requirements easier to understand. The

revisions would provide a more concise

presentation of the requirements.

With regard to paragraph (c), the

FHWA would explicitly address the

issue of unladen converter dollies and

lift axles. Braking on unladen converter

dollies is covered extensively in

discussion of the proposed changes to

§ 393.42. Unladen converter dollies with

a gross weight of 1,361 kg (3,000 lbs) or

less would not be required to have

operable brakes. Brakes on lift axles

would not be required to be capable of

operation while the lift axle is raised.

However, brakes on lift axles would

have to be operable whenever the lift

axle is lowered and the tires contact the

roadway. Therefore, if an enforcement

official instructs a driver to lower the

lift axle to the ground during an

inspection, the driver would be required

to demonstrate that the brakes on that

axle are operable. The proposed

revisions would essentially codify

regulatory guidance on these issues.

In addition, the issue of housemoving

dollies, three-axle steerable dollies, and

similar motor vehicles used to transport

extremely heavy loads would be

addressed to ensure consistency

between the proposed revisions to

§ 393.42 and § 393.48.

Section 393.50—Reservoirs Required

Section 393.50 would be revised to

provide a simpler and more concise

presentation of the reservoir

requirements and to cross-reference

FMVSS No. 121. Each air braked truck,

truck-tractor, and bus manufactured on

or after March 1, 1975, would at a

minimum be required to meet FMVSS

No. 121, S5.1.2, in effect on the date of

manufacture. Trailers manufactured on

or after January 1, 1975, would have to

meet the requirements of FMVSS No.

121, S5.2.1, in effect on the date of

manufacture. Air braked vehicles

manufactured prior to these dates, and

vacuum braked vehicles would continue

to meet the requirements currently

found at § 393.50.

The FHWA believes the revision is

necessary to indicate clearly that a

vehicle which is maintained to meet the

reservoir requirements of FMVSS No.

121 in effect on the date of manufacture

would meet the requirements under part

393. This is particularly important given

the NHTSA’s January 12, 1995, final

rule on FMVSS No. 121 (60 FR 2892).

The NHTSA amended the reservoir

requirements to facilitate the

introduction of long-stroke brake

chambers. For vehicles manufactured on

or after February 13, 1995, the method

for calculating the minimum air

reservoir capacity is based on either the

rated volume of the brake chambers or

the volume of the brake chambers at the

maximum travel of the brake pistons or

push rods, whichever is less.

Section 393.51—Warning Devices and

Gauges

The agency is proposing to revise

§ 393.51 to provide better guidance on

the applicability of the warning device

requirements to older commercial motor

vehicles. Hydraulic braked vehicles

manufactured on or after September 1,

1975, the effective date of FMVSS No.

105, would be required to meet the

brake system indicator lamp

requirements of FMVSS No. 571.105

(S5.3) applicable to the vehicle on the

date of manufacture. Vehicles

manufactured before September 1, 1975,

or to which FMVSS No. 571.105 was not

applicable on the date of manufacture,

would have to have a warning signal

which operates before or upon

application of the brakes in the event of

a hydraulic-type complete failure of a

partial system. The proposed language

would retain all current requirements

but add the effective date for FMVSS

No. 105 and identify the specific

paragraph within FMVSS No. 105 that

covers warning devices.

In addition, the FHWA would insert

a note into § 393.51 to address the

warning device requirements for

hydraulic braked trucks and buses

manufactured between October 12,

1976, and September 1, 1983. During

this period, FMVSS No. 105 was only

applicable to passenger cars and school

buses. Consequently, manufacturers of

hydraulic braked trucks and buses were

not required to equip those vehicles

with a warning device to indicate

certain types of brake failure. However,

under the FMCSRs, motor carriers are

responsible for having warning devices

on these vehicles. Since FMVSS No. 105

was not applicable to these vehicles at

the time of manufacture, the

requirements of § 393.51 are not in

conflict with the NHTSA standard.

The FHWA has received numerous

requests for interpretation from motor

carriers with vehicles manufactured

during this period and not equipped

with a warning device. Through

regulatory guidance, the FHWA has

indicated that these vehicles are

required to be equipped with warning

devices because § 393.51(b)(2)—which

covers hydraulic braked vehicles to

which FMVSS No. 105 was not

applicable at the time of manufacture—

was in effect prior to October 12, 1976,

and has remained in effect ever since.

Therefore, the agency is essentially

proposing to codify the regulatory

guidance concerning warning devices

on these vehicles.

On the subject of air braked vehicles,

the FHWA is proposing to revise

§ 393.51(c) to include reference to the
18180 Federal Register / Vol. 62, No. 71 / Monday, April 14, 1997 / Proposed Rules

March 1, 1975, effective date of FMVSS

No. 121 for power units. The specific

paragraphs within FMVSS No. 121

which address the pressure gauge and

warning signal requirements would also

be included.

Vehicles which are not required to

meet the requirements of FMVSS No.

121 would have to be equipped with a

pressure gauge, visible to a person

seated in the normal driving position,

which indicates the air pressure (in

kilopascals (kPa) or pounds per square

inch (psi)) available for braking; and, a

warning signal that is audible or visible

to a person in the normal driving

position and provides a continuous

warning to the driver whenever the air

pressure in the service reservoir system

is at 379 kPa (55 psi) and below, or onehalf of the compressor governor cutout

pressure, whichever is less.

With regard to commercial motor

vehicles with hydraulic brakes applied

or assisted by air or vacuum, the FHWA

is proposing to revise § 393.51(e) to

make it applicable only to hydraulic

braked vehicles which were not subject

to the FMVSS No. 105 at the time of

manufacture. The amendment would

eliminate the inconsistency between the

warning device requirements of FMVSS

No. 105 and § 393.51(e). Currently,

§ 393.51(e) requires a warning device for

the hydraulic portion of the brake

system as well as a warning device for

the air or vacuum portion of the brake

system, irrespective of the applicability

of FMVSS No. 105. However, FMVSS

No. 105 does not require a warning

device for the air or vacuum portion of

these hydraulic brake systems. The

FHWA believes the § 393.51(b) crossreference to FMVSS No. 105 provides

effective requirements for warning

devices on hydraulic braked vehicles

subject to that standard at the time of

manufacture. A requirement for an

additional warning device for the air or

hydraulic portion of the brake system of

these vehicles is not necessary.

For air-assisted or vacuum-assisted

hydraulic braked vehicles which were

not subject to FMVSS No. 105, the

FHWA would retain the current

requirements for a warning device for

the hydraulic portion of the brake

system and a warning device for the air

or vacuum portion of the brake system.

Section 393.51(e) would continue to

require that the hydraulic portion of the

vehicle meet the requirements of

§ 393.51(b) and that the air or vacuum

portion of the brake system meet the

applicable requirements of paragraph (c)

or (d).

The FHWA notes that commercial

motor vehicles equipped with air-overhydraulic brake systems are classified as

air braked vehicles and, as such, would

be required to meet the applicable

warning device and pressure gauge

requirements for air braked vehicles.

With regard to the proposed

amendments to § 393.51(e), the FHWA

specifically requests comments on the

need for retaining the warning device

requirement for the air or vacuum

portion of air- and vacuum-assisted

hydraulic brake systems. The FHWA

also requests information from vehicle

manufacturers as to the number of

commercial motor vehicles

manufactured annually with such brake

systems or the last model year for which

they produced vehicles equipped with

this type of brake system.

Finally, the FHWA is proposing to

reinstate one of the exemptions that

were removed by the December 7, 1988,

final rule on part 393. The 1988 rule

revised § 393.51 by removing paragraph

(g), which contained two exemptions

that were considered obsolete with the

adoption of the definition of a

commercial motor vehicle. The

exemptions covered buses with a

seating capacity of 10 persons or less

(including the driver), and two-axle

property-carrying vehicles that were

either manufactured before July 1, 1973,

or had a GVWR of 4,536 kg (10,000

pounds) or less.

From a practical standpoint, all twoaxle property-carrying vehicles with a

GVWR of 4,536 kg or less, and equipped

with air, vacuum, or air-assisted or

vacuum-assisted hydraulic brake

systems were exempted irrespective of

the date of manufacture. Generally,

these vehicles are only subject to the

FMCSRs only when transporting

hazardous materials in a quantity that

requires placarding or when towing

another vehicle such that the gross

combination weight rating exceeds

4,536 kg (10,000 pounds).

Therefore, the FHWA believes that the

exemption for certain two-axle propertycarrying vehicles should be reinstated

but limited to two-axle propertycarrying vehicles manufactured before

July 1, 1973. Since the group of vehicles

covered by the exemption represents a

small segment of the total population of

vehicles that fall under the FHWA’s

jurisdiction, and these vehicles have

either reached, or will soon reach the

end of their service life, and these

vehicles were previously exempted, the

proposed reinstatement should not

reduce safety on the highways.

The FHWA is not proposing to

reinstate the exemption for buses with

a seating capacity of 10 persons or less

because these vehicles are generally not

subject to the FMCSRs.

Subpart D—Glazing and Window

Construction

Section 393.60—Glazing in Specified

Openings

The FHWA is proposing that glazing

material used in windshields, windows

and doors of commercial motor vehicles

manufactured on or after December 25,

1968, be required at a minimum to meet

the requirements of FMVSS No. 205 in

effect on the date of manufacture of the

vehicle. The glazing material would be

required to be marked accordingly. The

cross-reference to FMVSS No. 205

would replace the current reference to

Safety Code for Safety Glazing Materials

for Glazing Motor Vehicles Operating on

Land Highways. Since FMVSS No. 205

incorporates this publication by

reference, the requirements for the

glazing material would not be affected.

Section 393.60 would also be revised

to include a requirement that each bus,

truck, and truck-tractor be equipped

with a windshield. Each windshield or

portion of a multi-piece windshield

would be required to be mounted using

the full periphery of the glazing

material.

With regard to coloring or tinting of

windshields and side windows, the

FHWA would revise the current

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 current reference to tinting

applied at the time of manufacture

would be removed. The restrictions on

tinting would be focused solely on

ensuring that the glazing material allows

light transmittance at a level requisite

for driving visibility and not the

regulation of when the tinting is

applied.

The agency is proposing to revise

§ 393.60(c) concerning restrictions on

the use of vision-reducing matter on

windshields. 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 § 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

§ 393.60(c) prohibits the operation of a
Federal Register / Vol. 62, No. 71 / Monday, April 14, 1997 / Proposed Rules 18181

commercial motor vehicle with visionreducing 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 § 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.

For the reasons presented in the

notice granting the waiver, the agency is

proposing to allow the installation of

antennas, transponders, and similar

devices in the upper margin of

windshields. 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.

With regard to the current limitations

on the placement of decals and stickers

at the bottom of the windshield, the

FHWA would adopt a performancebased requirement that decals required

by law must not obstruct the driver’s

view of the road, or traffic signs. Since

the decals in question are required by

Federal or State law, the FHWA does

not believe it is necessary to retain the

11.4 cm (4–1⁄2 inch) -restriction on the

distance from the bottom of the

windshield. It is anticipated that the

agencies responsible for specifying the

location of such decals will exercise

discretion and limit the use of decals in

the windshield area.

Sections 393.61, 393.62, 393.63,

393.92—Window Construction and

Emergency Exits

Section 393.61 would be revised to

cover only truck and truck tractor

window construction. Window

construction for buses (or emergency

exits) would be covered under § 393.62.

The prohibitions on window

obstructions currently found at § 393.62

would be addressed along with the

emergency exits requirements. The

provisions of § 393.63 (Windows,

markings) and § 393.92 (Buses, marking

emergency doors) would also be covered

under the revised rule on emergency

exits. Sections 393.63 and 393.92 would

be removed.

In § 393.61, the FHWA would remove

the reference to an ellipse in

determining the minimum area of a

truck or truck-tractor window. The

rectangular dimensions currently

provided appear to be sufficient. Also,

the rectangular dimensions provide the

most practical and enforceable criteria.

As for emergency exits on buses, the

FHWA would revise its cross-references

to FMVSS No. 217 so that motor carriers

and enforcement officials will have

better guidance on the applicability of

NHTSA’s recent amendments to those

buses subject to the FMCSRs. On

November 2, 1992, FMVSS No. 217 was

amended to require that the minimum

emergency exit space on school buses be

based upon the seating capacity of each

bus (57 FR 49413). The NHTSA final

rule took effect September 1, 1994.

Further, in a separate notice, the

NHTSA proposed allowing non-school

buses to meet either the non-school bus

requirements or the new upgraded

school bus requirements (57 FR 49444,

November 2, 1992). The NHTSA issued

the final rule on May 9, 1995 (60 FR

24562).

The FHWA has carefully reviewed the

NHTSA rulemakings and determined

that the FMCSRs should be amended to

address the November 2, 1992, and May

9, 1995, final rules. The FHWA is

proposing to allow the upgraded school

bus emergency exit requirements on

buses subject to the FMCSRs so that

motor carriers would be afforded the

same flexibility given to manufacturers

under FMVSS No. 217.

Buses manufactured on or after

September 1, 1994, and having a GVWR

of 4,536 kg (10,000 pounds) or less must

meet the emergency exit requirements of

FMVSS No. 217 (S5.2.2.3) in effect on

the date of manufacture. Generally,

these buses would only be subject to the

FMCSRs when towing a trailer. If the

gross combination weight rating

(GCWR) for the bus and trailer is greater

than 4,536 kg, and the combination is

operated in interstate commerce, the

emergency exit requirements proposed

would be applicable. An example would

be a small bus operated by a private

motor carrier of passengers.

For buses with a GVWR of more than

4,536 kg (10,000 pounds), the FHWA

would require that they have emergency

exits which meet the applicable

emergency exit requirements of FMVSS

No. 217, S5.2.2 (the non-school bus

requirements) or S5.2.3 (the upgraded

school bus requirements) in effect on

the date of manufacture. The provision

for buses with a GVWR greater than

4,536 kg would incorporate NHTSA’s

final rules.

For buses manufactured on or after

September 1, 1973, but before

September 1, 1994, the FHWA is

proposing that each bus (including a

school bus used in interstate commerce

for non-school bus operations) with a

GVWR of more than 4,536 kg (10,000

pounds) meet the requirements of

FMVSS No. 217, S5.2.2, in effect on the

date of manufacture. Buses with a

GVWR of 4,536 kg (10,000 pounds) or

less would have to meet the

requirements of FMVSS No. 217,

S5.2.2.3, in effect on the date of

manufacture.

Section 393.62 would be revised to

include a paragraph on emergency exit

identification. Each bus and each school

bus used in interstate commerce for

non-school bus operations,

manufactured on or after September 1,

1973, would have to meet the applicable

emergency exit identification or

marking requirements of FMVSS No.

217, S5.5, in effect on the date of

manufacture. Buses (including school

buses used in interstate commerce for

non-school bus operations) would have

to be marked ‘‘Emergency Exit’’ or

‘‘Emergency Door’’ followed by concise

operating instructions describing each

motion necessary to unlatch or open the

exit located within 152 mm (6 inches)

of the release mechanism.

The emergency exit requirements for

buses manufactured before September 1,

1973, would be revised to provide

requirements which are easier to

understand and enforce. These buses

would have to have either laminated

safety glass or push-out windows. The

regulation would more clearly state that

laminated safety glass would, at a

minimum, be required to meet Test No.

25, Egress, of the American National
18182 Federal Register / Vol. 62, No. 71 / Monday, April 14, 1997 / Proposed Rules

Standards Institute (ANSI), Safety Code

for Safety Glazing Materials for Glazing

Motor Vehicles Operating on Land

Highways, ANSI Z26.1–1990. The

FHWA would incorporate the ANSI

document by reference.

With regard to push-out windows, the

requirements would be revised to adopt

certain provisions of FMVSS No. 217.

Each push-out window would be

required to be releasable by operating no

more than two mechanisms and allow

manual release of the exit by a single

occupant. For mechanisms which

require rotary or straight (parallel to the

undisturbed exit surface) motions to

operate the exit, the amount of force

required to release the exit could not

exceed 89 Newtons (20 pounds). For

exits which require a straight motion

perpendicular to the undisturbed exit

surface, the amount of force could not

exceed 267 Newtons (60 pounds).

The FHWA believes that the force

requirements being proposed should not

present a problem for motor carriers and

that older buses with emergency exits

that cannot meet these basic

performance requirements should have

the emergency exit release mechanisms

replaced. This proposal should not be

construed as an attempt to require that

the entire emergency exit be replaced,

only release mechanisms which do not

meet the criteria.

Lastly, the FHWA would codify its

regulatory guidance on buses used for

the transportation of prisoners. An

exception to the emergency exit

requirements would be included for

buses used exclusively for the

transportation of prisoners.

Subpart E—Fuel Systems

Section 393.67—Liquid Fuel Tanks

The FHWA proposes to revise

paragraph (a) to indicate that the fuel

tank requirements apply not only to

tanks containing or supplying fuel for

the operation of commercial motor

vehicles, but includes tanks needed for

the operation of auxiliary equipment

installed on, or used in connection with

commercial motor vehicles. Section

393.65(a), the requirements for fuel

systems, contains similar language and

the FHWA believes the applicability

statement of § 393.67 should be

amended to be consistent with § 393.65.

The FHWA also proposes to revise

§ 393.67(d) and (e) to include the

information currently presented in a

footnote to the section. As indicated by

the footnote, the fuel tank tests specified

by § 393.67 are a measure of

performance only. Alternative

procedures which assure that the fuel

tank meets the performance criteria may

be used. However, this footnote is often

overlooked. Including the text of the

footnote in paragraphs (d) and (e) would

help to prevent further confusion.

In addition, the FHWA proposes to

correct an error in § 393.67(f)(2).

Currently, each liquid fuel tank

manufactured on or after July 1, 1988,

must be marked with the manufacturer’s

name. The July 1, 1988, date is

incorrect. The FHWA intended that the

date read July 1, 1989, approximately

120 days after the March 7, 1989,

effective date of the December 7, 1988,

final rule on part 393.

Section 393.68—Compressed Natural

Gas Fuel Containers

The FHWA is proposing to create a

new section to address requirements for

compressed natural gas (CNG) fuel

containers. Section 393.68 would crossreference the NHTSA’s new

requirements for CNG containers,

FMVSS No. 304, Compressed Natural

Gas Fuel Container Integrity (September

26, 1994, 59 FR 49010). Under FMVSS

No. 304, which is applicable to all CNG

containers manufactured on or after

March 26, 1995, CNG fuel containers

must meet a pressure cycling test which

evaluates the container’s durability, a

burst test to measure its strength, and a

fire test to ensure adequate pressure

relief characteristics. The rule also

specifies labeling requirements.

The FHWA has reviewed the NHTSA

requirements and determined that all

commercial motor vehicles

manufactured on or after March 26,

1995, and equipped with CNG fuel

tanks, should be required to be

maintained to meet the applicable

requirements of FMVSS No. 304.

Subpart F—Coupling Devices and

Towing Methods

Section 393.70—Coupling Devices and

Towing Methods, Except for DriveawayTowaway Operations

Currently § 393.70(d) provides

requirements for the attachment of

safety devices in case of tow-bar failure.

If two chains or cables are attached to

the same point on the towing vehicle, or

if a bridle or a single chain or cable is

used, the point of attachment must be

on the longitudinal centerline of the

towing vehicle. A single safety device,

other than a chain or cable, must also

be attached to the towing vehicle at a

point on its longitudinal centerline.

Western Trailers petitioned the

FHWA to amend § 393.70(d)(8) to allow

safety devices to be attached as close as

practicable to the longitudinal

centerline of the towing vehicle. The

petition is available for review in the

docket. The petitioner argued that

because the pintle hook is mounted on

the longitudinal centerline of the towing

vehicle, there is no practical centerline

mounting position for the safety chain/

cable attachment except upon or above

the pintle hook itself.

In reviewing the history of the

requirements for safety chains from

1941 through the present, the FHWA

notes that a certain amount of flexibility

had been allowed such that chains

could be attached as close as

‘‘practicable’’ to the centerline.

Although the current requirements,

adopted on October 11, 1972 (37 FR

21439), do not appear to have created

problems for other carriers, the FHWA

agrees that there is a need to reexamine

the requirement and eliminate any

unnecessary restrictions. To that end,

the FHWA believes that specifying the

location for attachment point of the

safety devices with such precision is

unnecessarily design-restrictive.

The attachment of the safety devices

to a point as close as ‘‘practicable’’ to

the centerline is needed to ensure that

the combination of vehicles will

maintain as much stability as possible

in the event the coupling device fails.

However, given the size and weight of

a typical commercial motor vehicle,

there is little technical justification for

prohibiting attachment of the safety

devices at a point within a few

centimeters (or inches) off the

centerline. In fact, failure of the

coupling device at its centerline point of

attachment to the towing vehicle might

damage the anchor point of the safety

chains, possibly resulting in complete

separation of the trailer.

In addition, the current language of

§ 393.70(d)(8) may, under some

circumstances, be inconsistent with

§ 393.70(d)(1), which prohibits the

attachment of the safety device to the

pintle hook or any other device on the

towing vehicle to which a tow-bar is

attached.

The previous provisions of § 393.70

provided a performance-based

requirement while ensuring the safety of

operation of the combination of

vehicles. The language used, however,

may have been difficult to enforce, in

that ‘‘practicability’’ is a subjective term.

This generally results in differences of

opinion between vehicle manufacturers,

motor carriers, and Federal and State

enforcement officials as to what

constitutes compliance.

An amended rule that allows the

attachment point to be offset no more

than a certain distance from the

longitudinal centerline would provide

flexibility without adversely affecting

the tracking of the towed unit in the
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event of a pintle hook failure. The

FHWA notes that the safety device is

only intended to keep the combination

of vehicles together if the pintle hook or

other coupling device fails and then

only for a brief period until the driver

brings the vehicle to a safe stop.

Therefore, the proposed change should

not affect the safety of operation of the

vehicles.

The FHWA is proposing to allow

safety chains or cables to be attached to

the longitudinal centerline or within

152 mm (6 inches) to the right of the

longitudinal centerline on the towing

vehicle. The proposal would be

applicable when (1) two chains or

cables are attached to the same point on

the towing vehicle; (2) a bridle or a

single chain or cable is used; or (3) a

single safety device is used.

Given the wide variety of vehicle

configurations and the condition of

loading at the time of a potential towbar or pintle hook failure, the current

design-restrictive requirement does not

appear to ensure a greater degree of

safety than the proposed revision.

Allowing the safety device to be no

more than 152 mm (6 inches) from the

longitudinal centerline should provide

additional safety benefits in a few cases

without changing the level of safety

guaranteed by the current centerline

requirement in other cases. It would

also result in a requirement that is more

performance-based and less designrestrictive.

The FHWA specifically requests

comments on the following issues:

1. Although the petitioner did not

specify a maximum offset distance from

the longitudinal centerline for the safety

device attachment point, the FHWA

believes that a distance of 152 mm (6

inches) is consistent with the diagrams

submitted by the petitioner. Would

allowing a 152 mm (6 inch) offset

provide adequate flexibility to motor

carriers and trailer manufacturers

without adversely affecting the safety of

operation of certain combination

vehicles?

2. The petitioner believes that safety

chains should be allowed to be offset

only to the right side of the longitudinal

centerline in order to prevent the towed

vehicle from striking oncoming traffic

on undivided highways. In cases where

a single safety device is used, and it is

not practical to attach it to a point at the

longitudinal centerline, should the

offset be restricted to the right side, or

should it be permitted to be on either

side?

Section 393.71—Coupling Devices and

Towing Methods, Driveaway-Towaway

Operations

Section 393.71(a) currently prohibits

the use of more than one tow-bar in any

combination of vehicles. Section

393.71(g)(2) indicates that coupling

devices such as those used for towing

house trailers and employing ball and

socket connections shall be considered

as tow-bars. However, the broad

classification of ball and socket

connections as tow-bars is not

consistent with the definitions of the

Society of Automotive Engineers. As a

result, the use of more than one balland-socket connection in a combination

of vehicles is prohibited. This situation

requires clarification.

The FHWA considers the stability and

control of a combination vehicle using

multiple ball-and-socket connections no

better than that of a combination using

multiple tow-bars. Given that the

stability and control would, at best, be

comparable to a towing method which

is prohibited, the FHWA is proposing

that § 393.71(a)(2) be revised to prohibit

the use of more than one tow-bar and/

or ball-and-socket coupling device in

any combination. Section 393.71(g)(2)

would be removed.

To improve the consistency between

Sections 393.70 and 393.71, the FHWA

is proposing to amend § 393.71(b) by

adding a new provision addressing

weight distribution of towing and towed

vehicles for saddle-mount

combinations.

Sections 393.70(b)(3), 393.71(b)(2)

and 393.71(c)(3) address the proper

weight distribution and require that the

coupling arrangement be such that it

does not unduly interfere with the

steering, braking, and maneuvering of

the combination of vehicles. Section

393.70(b)(3) covers the use of fifth

wheels for non-driveaway-towaway

operations and §§ 393.71(b)(2) and (c)(3)

cover full-mounted vehicles in

driveaway-towaway operations. Section

393.71(b) does not, however, explicitly

require that the arrangement of the

saddle-mounted vehicles be such that it

does not unduly interfere with the

steering, braking and maneuvering of

the combination of vehicles. The

references to undue interference with

steering, braking, and maneuvering in

§§ 393.70 and 393.71 suggest that such

requirements are generally intended for

any vehicle configuration covered by

these sections. Through regulatory

guidance the agency has indicated that

saddle-mounted vehicles are to be

arranged such that the gross weight of

the vehicles is properly distributed to

prevent the conditions currently

covered by §§ 393.70(b)(3), 393.71(b)(2)

and 393.71(c)(3). The FHWA would

codify this guidance in § 393.71(b)(3).

The FHWA is proposing to revise

§ 393.71(g) to remove obsolete language

and provide more technically sound

guidance on towing methods. Section

393.71(g)(1) currently requires the use of

a tow-bar or saddle-mount connections

for all vehicles towed in driveawaytowaway operations. This is

inappropriate for towing semitrailers

designed to be coupled to a fifth wheel.

Through regulatory guidance the agency

has allowed the use of a fifth wheel. The

agency would codify this guidance by

revising § 393.71(g) to explicitly allow

the use of a fifth wheel.

Subpart G—Miscellaneous Parts and

Accessories

Section 393.75—Tires

The FHWA is proposing to amend

§ 393.75(e) in order to make the

requirements easier to understand.

Section 393.75(e) prohibits the use of

regrooved tires which have a load

carrying capacity greater than that of

8.25–20 8 ply-rating tires, but does not

specify the load range rating for this tire.

According to the Tire and Rim

Association’s 1996 Year Book, an 8.25–

20 bias ply tire has a maximum load

carrying capacity of 2,232 kg (4,920

pounds) at 793 kPa (115 psi) cold

inflation pressure. This maximum

capacity applies to tires of load range G.

Tires with the load range of E and F

have maximum load carrying capacities

of 1,837 kg (4,050 pounds) and 2,041 kg

(4,500 pounds), respectively. The

FHWA is proposing to use the 2,232 kg

limit under § 393.75.

The difference in load carrying

capacity between a tire rated load range

E and one rated load range G is 395 kg

(870 pounds). In the absence of tire

overloading, the difference in the

amount of front axle loading between an

axle equipped with load range E tires

and a front axle equipped with load

range G tires would be 790 kg (1,740

pounds). There is no apparent safety

benefit from adopting the more stringent

limit of load range E for regrooved tires.

Therefore, the use of a regrooved tire

with a load carrying capacity equal to or

greater than 2,232 kg (4,920 pounds)

would be a violation of § 393.75(e) if

used on the front wheels of a truck or

truck tractor.

The FHWA notes that a radial ply tire

of the same size and load range (i.e.,

8.25R20) has the same load carrying

capacity but at 827 kPa (120 psi) cold

inflation pressure. Since the prohibition

is based on load carrying capacity, the

FHWA is proposing to replace the
18184 Federal Register / Vol. 62, No. 71 / Monday, April 14, 1997 / Proposed Rules

reference to a specific tire size with the

2,232 kg (4,920 pound) value currently

listed in the Tire and Rim Association’s

publication.

Section 393.78—Windshield Wipers

The FHWA is proposing that § 393.78

be revised to cross-reference FMVSS No.

104. The NHTSA requirement has been

in effect since December 1968. Since

vehicle manufacturers have been

required to meet the requirements since

1968, the FHWA does not believe that

motor carriers who have maintained

their commercial motor vehicles should

have any problem complying with the

proposed revision. As for motor vehicles

manufactured before December 1968,

they would be required to be equipped

with a power-driven windshield wiping

system with at least two wiper blades,

one on each side of the centerline of the

windshield. Motor vehicles which

depend upon vacuum to operate the

windshield wipers would have to have

the wiper system constructed and

maintained such that the performance of

the wipers will not be adversely affected

by a change in the intake manifold

pressure. The requirements for vehicles

manufactured before December 1968

were originally established by the

Interstate Commerce Commision and

were applicable to vehicles

manufactured on and after June 30,

1953.

The FHWA is proposing to remove

the exemption for the towing vehicle in

a driveaway-towaway operation because

there appears to be no justification for

allowing a vehicle to be driven without

both windshield wipers in proper

working order. The proposed change

should not result in an increased

economic burden on the motor carrier

industry.

Section 393.79—Windshield Defrosting

Device

Section 393.79 would be revised to

cross-reference FMVSS No. 103.

Vehicles manufactured on or after

December 25, 1968, would be required

to meet the requirements in effect on the

date of manufacture. Vehicles

manufactured before December 25,

1968, would be required, at a minimum,

to be equipped with a means for

preventing the accumulation of ice,

snow, frost, or condensation to obstruct

the driver’s view through the

windshield while the vehicle is being

driven.

In addition, the exemption for the

towing vehicle in a driveaway-towaway

operation would be removed. There is

no justification for allowing a vehicle to

be driven without a windshield

defrosting device in proper working

order.

Section 393.82—Speedometer

Section 393.82 requires that every

bus, truck, and truck-tractor be

equipped with a speedometer indicating

speed in miles per hour. The rule

requires the speedometer to be operative

with ‘‘reasonable accuracy.’’ Appendix

A to subchapter B (prior to its removal

from the FMCSRs on November 23,

1994 (59 FR 60319)) interpreted as

‘‘reasonable’’ an accuracy of plus or

minus 8 km/hr (5 mph) at a speed of 80

km/hr (50 mph). The interpretation

indicated that accuracy within these

limits is sufficient for a professional

driver to ascertain the true speed of the

vehicle. The FHWA is proposing to

include this accuracy limit in § 393.82

to make the requirement easier to

understand. The FHWA is also

proposing to remove the driveawaytowaway exemption to the speedometer

requirements because there is no

justification for allowing a vehicle to be

driven without a speedometer in proper

working order. The proposed changes

should not result in an increased

economic burden on the motor carrier

industry.

Section 393.87—Flags on Projecting

Loads

Section 393.87 would be revised to

make the requirements consistent with

the American Association of State

Highway and Transportation Officials’s

(AASHTO) Guide for Maximum

Dimensions and Weights of Motor

Vehicles and for the Operation of

Nondivisible Load Oversize and

Overweight Vehicles, GSW–3, 1991. The

AASHTO publication provides guidance

on the use of warning flags for vehicles

and loads which exceed legal width or

length, or which have a rear overhang in

excess of the legal limit. The AASHTO

guidelines call for the use of red or

orange fluorescent warning flags which

are at least 457 mm (18 inches) square.

Since the AASHTO guide appears to

cover the majority of the cases to which

the current rule would be applicable,

and represents a consensus of State and

industry practices, the FHWA proposes

to revise § 393.87 to adopt certain

provisions of those guidelines.

Commercial motor vehicles

transporting loads which extend beyond

the sides by more than 102 mm (4

inches) or more than 1,219 mm (4 feet)

beyond the rear would be required to

have the extremities of the load marked

with red or orange fluorescent warning

flags. Each warning flag would be

required to be at least 457 mm (18

inches) square as opposed to the current

requirement of 305 mm (12 inches)

square.

With regard to the number of flags

and their positions, a single flag at the

extreme rear would be required if the

projecting load is 610 mm (2 feet) wide

or less. Two warning flags would be

required if the projecting load is wider

than 610 mm. Flags would be required

to be positioned to indicate maximum

width of loads which extend beyond the

sides and/or rear of the vehicle.

Section 393.94—Vehicle Interior Noise

Level

The FHWA is taking this opportunity

to clarify and simplify its regulation

concerning the applicability of the

interior noise levels in commercial

motor vehicles. Section 393.94(a) and

(d) make reference to certain vehicles

manufactured before October 1, 1974,

and grant motor carriers until April 1,

1975, to comply with the regulation. For

vehicles operated wholly within

Hawaii, carriers were given until April

1, 1976, to comply. Since these

deadlines have passed, the FHWA is

proposing to delete the references from

§ 393.94.

In addition, the FHWA is proposing to

update the reference to the American

National Standards Institute (ANSI)

specifications for sound level meters.

Currently, § 393.94 references the 1971

version of ANSI S1.4, Specification for

Sound Level Meters. The FHWA would

incorporate by reference the 1983

version and remove the footnote to

paragraph (c). Information on the

availability of the ANSI document

would be covered under § 393.7.

Section 393.95 Emergency Equipment

on All Power Units

The FHWA is proposing to eliminate

the reference to lightweight vehicles in

paragraph (a). The term became obsolete

when the agency implemented the

requirements of the Motor Carrier Safety

Act of 1984 and limited the

applicability of the part 393 to

‘‘commercial motor vehicles’’ as defined

in that statute (53 FR 18042, May 19,

1988). Sections 393.95(a)(2)(i) and

(a)(2)(ii) would also be amended to

remove obsolete references to vehicles

equipped with fire extinguishers prior

to July 1, 1971, and January 1, 1973,

respectively. While some of these

vehicles are still in operation, it is

unlikely that the motor carriers would

still be using fire extinguishers that are

more than 20 years old.

The FHWA would revise § 393.95 by

removing the specifications for

bidirectional warning triangles

manufactured prior to January 1, 1974.

Such triangles are already prohibited on
Federal Register / Vol. 62, No. 71 / Monday, April 14, 1997 / Proposed Rules 18185

any vehicle manufactured on or after

January 1, 1974. Therefore, only those

carriers operating commercial motor

vehicles manufactured before January 1,

1974, and equipped with warning

triangles manufactured before that date,

would be affected.

The FHWA would revise the

requirements on the mounting of fire

extinguishers to provide more specific

guidance. Fire extinguishers would be

required to be securely mounted to

prevent sliding, rolling, or vertical

movement relative to the motor vehicle.

Currently, § 393.95(a)(1) states only that

the extinguisher be securely mounted.

With regard to extinguishing agents,

the agency is proposing to replace the

reference to the Underwriters

Laboratories’(UL) Classification of

Comparative Life Hazard of Gases and

Vapors. The UL study was conducted in

the 1950’s and is considered obsolete

information. The UL has recommended

that the FHWA consider referencing the

Environmental Protection Agency’s

regulations under Subpart G of 40 CFR

82, Protection of Stratospheric Ozone.

Subpart G implements section 612 of

the Clean Air Act by determining safe

alternatives to ozone-depleting

compounds. It is usually referred to as

the ‘‘Significant New Alternatives

Policy’’ (SNAP) program. The SNAP

regulations take into consideration the

toxicity of proposed substitutes for

ozone-depleting compounds, but they

also address potential impacts on

atmospheric ozone, global warming and

other issues related to human exposure

and the environment. The FHWA is

therefore proposing to require that fire

extinguishers comply with the toxicity

provisions of the SNAP regulations.

While the other issues (ozone depletion,

global warming, etc.) are important,

there would be no practical reason to

address these issues in § 393.95.

Section 93.102—Securement Systems

On July 6, 1994, the FHWA amended

§ 393.102(b) to adopt the use of working

load limits (WLL) in specifying the

minimum strength of cargo securement

devices (59 FR 34712). Under the new

rule, the aggregate working load limit of

the tiedown assemblies used to secure

an article against movement in any

direction must be at least 1⁄2 times the

weight of the article secured. Although

the rule did not require manufacturers

to attach a WLL label to their products,

it did add a table of working load limits

for unmarked webbing, wire rope, etc.,

to provide motor carriers with a means

of determining the number of tiedown

assemblies required.

The FHWA did not provide guidance

on unmarked welded steel chain,

however. The National Association of

Chain Manufacturers’ (NACM) Welded

Steel Chain Specifications (which were

incorporated by reference into

§ 393.102(b)) include guidelines on the

marking of chain. While grades 43, 70,

and 80 have periodic embossing for

identification purposes, Grade 30, or

proof coil chain, is marked at the option

of the manufacturer. The use of

unmarked chain for cargo securement

purposes would not be a cause for

concern if all unmarked chain were the

same grade or strength. The FHWA has

no indication that this is the case.

Generally, manufacturers which meet

the NACM’s guidelines would mark

their chain accordingly. But some

manufacturers which produce chain

that meets the NACM guidelines may

choose, for whatever reason, not to mark

their products. If unmarked chains of

varying grades are readily available,

motor carriers could unknowingly

violate § 393.102(b) by failing to have an

adequate number of securement devices.

The consequences for a load such as a

steel or aluminum coil could be fatal to

other motorists.

The risks of such an accident could be

greatly minimized by prohibiting motor

carriers from using unmarked chain.

Before doing so, the FHWA would have

to quantify the potential economic

burden on the motor carrier industry

and those involved with the

manufacture, sale, and distribution of

unmarked chain. Since the FHWA has

no reliable information on the number

of manufacturers, distributors, and

retailers of unmarked chain, the quality

or strength of such chain, or the amount

of this chain currently in use by motor

carriers and in retailers’’ stock, it would

be inappropriate to propose a

prohibition at this time. However, in

view of the potential safety hazards of

motor carriers misidentifying unmarked

chain, the FHWA is proposing that all

unmarked welded steel chain be

considered to have a working load limit

equal to that of grade 30 proof coil. This

is consistent with the way in which the

FHWA addressed the use of synthetic

cordage (e.g., nylon, polypropylene,

polyester) in the July 6, 1994, final rule.

The FHWA specifically requests

comments on this proposal.

Section 393.201—Frames

In the final rule published on

December 7, 1988 (53 FR 49380)

prohibiting cracked, loose, sagging or

broken frames, the FHWA inadvertently

failed to include trailer frames. The

FHWA proposes to remedy this

oversight by replacing ‘‘bus, truck and

truck-tractor’’ with the term

‘‘commercial motor vehicles’’ in

paragraph (a).

The FHWA is proposing to revise

§ 393.201(d) to make the regulation

more practical. Paragraph (d) was meant

to prohibit welding on vehicle frames

constructed of certain types of steel

which would be weakened by the

welding process. However, the current

wording is overly restrictive. To address

this issue, paragraph (d) would be

revised to allow welding which is

performed in accordance with the

vehicle manufacturer’s

recommendations.

In addition, the FHWA is proposing

that paragraph (f) be removed.

Paragraph (f) states that field repairs are

allowed. There is no practical reason for

retaining this provision since there was

never a requirement that the motor

carrier repair its vehicle only at certain

locations.

Section 393.207—Suspension Systems

The Truck Trailer Manufacturers

Association (TTMA) petitioned the

FHWA to amend part 393 to prohibit

any device which is capable of dumping

air individually from either of the two

axle suspension systems on a semitrailer

equipped with air-suspended ‘‘spread’’

or ‘‘split’’ tandem axles. The TTMA

indicated that the petition was not

intended to prohibit (1) devices that

could exhaust air from both axle

systems simultaneously or (2) lift axles

on multi-axle units. The petition is

available for review in the docket.

According to the TTMA, about 30,000

semitrailers are manufactured each year

with split tandem axles and air

suspensions. These axles are not

genuine tandems, but rather two single

axles spaced at least 3,048 mm (10 feet)

apart, the minimum separation required

by the bridge formula [23 U.S.C. 127(a)]

before each of them can carry the full

9,072 kg (20,000 pounds) allowed by

Federal law. The TTMA estimates that

5,000 of these trailers are also equipped

with valves to depressurize the

suspension system of one of the trailer

axles, and sometimes of either axle.

These valves are installed to

compensate for problems created by the

split tandem configuration. Normal

tandems experience moderate tire

scrubbing in turns because the trailer

pivots around a point that lies between

the two axles. Tire scrubbing is more

severe in split tandems because the

pivot point is much farther from either

axle. Dumping air pressure from the

suspension system of the rear (or less

often the leading) trailer axle reduces its

load and allows the trailer to pivot

around the other axle with less

resistance and tire scrubbing. The
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TTMA’s own tests showed that if each

axle in a split tandem is loaded to 8,845

kg (19,500 pounds) and pressure in the

rear axle is dumped, the resulting

weight shift will make the front axle

3,175 to 5,443 kg (7,000 to 12,000

pounds) heavier than the rear.

Dump valves were originally designed

to aid maneuvering at 8 km/hour (5

mph) or less, mainly at terminals or

other loading points. According to the

TTMA, however, many drivers now

activate them at higher speeds on streets

and highways to turn corners more

easily and to reduce tire wear. The

TTMA also believes that suspension

pressure is sometimes vented

accidentally because of wiring problems

the moment the tractor hooks up to the

trailer. In both cases, the inevitable

weight shift often produces a load on

the pressurized axle that exceeds the

manufacturers’ ratings for that axle and

its wheels, tires and brakes. In addition,

the loaded axle frequently exceeds the

single-axle weight limit.

The FHWA believes that the petition

has merit and proposes to amend

§ 393.207 to prohibit controls of this

type. Although § 393.3, which allows

the use of equipment and accessories

that do not decrease operational safety,

could be interpreted as prohibiting the

use of equipment to disable the air

suspension of one axle on a two-axle

trailer, addressing this issue through

rulemaking is the most appropriate

course of action.

Section 393.209—Steering Wheel

Systems

The FHWA is proposing to amend

§ 393.209(b) to correct an error in the

maximum steering wheel lash for 406

mm (16 inch) steering wheels and to

add steering wheel lash limits for 483

mm (19 inch) and 533 mm (21 inch)

diameter steering wheels. The table

specifying steering wheel lash limits

currently allows 114 mm (41⁄2 inches)

lash for steering wheel diameters of 406

mm (16 inches) or less if the vehicle has

a power steering system. This

corresponds to an angle of

approximately 32 degrees which is

about 2 degrees more than the steering

wheel lash limits for power steering

systems using larger diameter steering

wheels. Since there is no apparent

technical basis for having a less

stringent standard for 406 mm (16 inch)

diameter steering wheel systems the

FHWA proposes to change the steering

wheel lash limit to 108 mm (41⁄4 inches).

The FHWA is proposing the addition

of steering wheel lash limits for 483 mm

(19 inch) and 533 mm (21 inch)

diameter steering wheels because these

are relatively common steering wheel

sizes. The limits that would be adopted

for these steering wheel diameters

would be consistent with the 14 degree

and 30 degree limits currently used for

manual and power steering systems

respectively.

Section 393.209 would also be

amended to include the term ball-andsocket joints. Some steering system

designs include ball-and-socket joints

instead of universal joints. While the

basic function of the two types of joints

is similar, only universal joints are

covered by § 393.209(d). Defects or

unsafe conditions of ball-and-socket

joints are currently implicitly covered

under § 396.3(a)(1). The agency believes

that such important items should be

explicitly covered whenever possible.

Rulemaking Analyses and Notices

All comments received before the

close of business on the comment

closing date indicated above will be

considered and will be available for

examination in the docket at the above

address. Comments received after the

comment closing date will be filed in

the docket and will be considered to the

extent practicable, but the FHWA may

issue a final rule at any time after the

close of the comment period. In

addition to late comments, the FHWA

will also continue to file in the docket

relevant information that becomes

available after the comment closing

date, and interested persons should

continue to examine the docket for new

material.

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 amend parts 390,

392, and 393 of the FMCSRs by

removing obsolete and redundant

regulatory language; responding to

several petitions for rulemaking;

providing improved definitions of

vehicle types, systems, and components;

resolving inconsistencies between part

393 and the FHWA’s periodic

inspection criteria (appendix G to

subchapter B); resolving inconsistencies

between part 393 and the NHTSA’s

Federal Motor Vehicle Safety Standards

(49 CFR 571); and codifying certain

FHWA regulatory guidance concerning

the requirements of part 393. Generally,

the proposed amendments do not

involve the establishment of new or

more stringent requirements but a

clarification of existing requirements. It

is anticipated that the economic impact

of this rulemaking will be minimal.

Therefore, a full regulatory evaluation is

not required.

The new or more stringent

requirements include a cross-reference

to the NHTSA’s compressed natural gas

(CNG) fuel container regulations which

would result in carriers having to ensure

that the CNG containers are properly

maintained. In addition, the agency is

proposing to prohibit certain controls

used for dumping air individually from

either of the two-axle suspension

systems on a semitrailer equipped with

air-suspended ‘‘spread’’ or ‘‘split’’

tandem axles. The FHWA does not

believe the new requirements will result

in an increased economic burden on the

motor carrier industry.

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. Based on this

evaluation, and for the reasons set forth

in the preceeding paragraph, 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 1980 [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.
Federal Register / Vol. 62, No. 71 / Monday, April 14, 1997 / Proposed Rules 18187

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 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.

Issued on: April 1, 1997.

Jane Garvey,

Acting Administrator, Federal Highway

Administration.

In consideration of the foregoing, the

FHWA proposes to amend title 49, Code

of Federal Regulations, subchapter B,

chapter III, as follows:

PART 390—[AMENDED]

1. The authority citation for Part 390

continues to read as follows:

Authority: 49 U.S.C. 5901–5907, 13301,

13902, 31132, 31133, 31136, 31502, and

31504; 49 CFR 1.48.

2. Section 390.5 is amended by

revising the definition of driveawaytowaway operation to read as follows:

§ 390.5 Definitions.

* * * * *

Driveaway-towaway operation means

an operation in which an empty or

unladen motor vehicle with one or more

set of wheels on the surface of the

roadway is being transported

(1) between a vehicle manufacturer

and a dealership or purchaser,

(2) between a dealership or other

entity selling or leasing the vehicle and

a purchaser or lessee,

(3) to a maintenance/repair facility for

the repair of disabling damage (as

defined in § 390.5), or

(4) by means of a saddle-mount.

* * * * *

PART 392—[AMENDED]

3. The authority citation for Part 392

is revised 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.

4. Section 392.33 is revised to read as

follows:

§ 392.33 Obscured lamps or reflective

devices/material.

(a) No commercial motor vehicle shall

be driven when any of the lamps or

reflective devices/material required by

subpart B of part 393 are obscured by

the tailboard, or by any part of the load,

by dirt, or otherwise.

(b) Exception. The conspicuity

treatments on the front end protection

devices of the trailer may be obscured

by part of the load being transported.

PART 393—[AMENDED]

5. 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.

6. Section 393.1 is revised to read as

follows:

§ 393.1 Scope of the rules in this part.

(a) The rules in this part establish

minimum standards for commercial

motor vehicles as defined in § 390.5 of

this title. Only motor vehicles (as

defined in § 390.5) and combinations of

motor vehicles which meet the

definition of a commercial motor

vehicle are subject to the requirements

of this part. All requirements that refer

to motor vehicles with a GVWR below

4,536 kg (10,001 pounds) are applicable

only when the motor vehicle or

combination of motor vehicles meets the

definition of a commercial motor

vehicle.

(b) Every employer and employee

shall comply and be conversant with the

requirements and specifications of this

part. No employer shall operate a

commercial motor vehicle, or cause or

permit it to be operated, unless it is

equipped in accordance with the

requirements and specifications of this

part.

7. Section 393.5 is amended by

removing the definition of ‘‘bus’’; and

by adding definitions for ‘‘air brake

system,’’ ‘‘air-over-hydraulic brake

system,’’ ‘‘auxiliary driving lamp,’’

‘‘boat trailer,’’ ‘‘brake power assist unit,’’

‘‘brake power unit,’’ ‘‘container chassis

trailer,’’ ‘‘electric brake system,’’

‘‘emergency brake,’’ ‘‘front fog lamp,’’

‘‘hydraulic brake system,’’ ‘‘intermodal

shipping container,’’ ‘‘multi-piece

windshield,’’ ‘‘split service brake

system,’’ ‘‘tow bar,’’ ‘‘trailer kingpin,’’

‘‘vacuum brake system,’’ ‘‘windshield’’;

and by revising the definitions of

‘‘chassis,’’ ‘‘clearance lamp,’’ ‘‘container

chassis’’ (now ‘‘container chassis

trailer’’), ‘‘heater,’’ ‘‘heavy hauler

trailer,’’ ‘‘parking brake system,’’ ‘‘side

marker lamp (intermediate),’’ and ‘‘side

marker lamps’’, keeping them in

alphabetical order, to read as follows:

§ 393.5 Definitions.

* * * * *

Air brake system. A system, including

an air-over-hydraulic brake subsystem,

that uses air as a medium for

transmitting pressure or force from the

driver control to the service brake, but

does not include a system that uses

compressed air or vacuum only to assist

the driver in applying muscular force to

hydraulic or mechanical components.

Air-over-hydraulic brake subsystem.

A subsystem of the air brake system that

uses compressed air to transmit a force

from the driver control to a hydraulic

brake system to actuate the service

brakes.

Auxiliary driving lamp. A lighting

device mounted to provide illumination

forward of the vehicle which

supplements the upper beam of a

standard headlamp system. It is not

intended for use alone or with the lower

beam of a standard headlamp system.

Boat trailer. A trailer designed with

cradle-type mountings to transport a

boat and configured to permit launching

of the boat from the rear of the trailer.

* * * * *

Brake power assist unit. A device

installed in a hydraulic brake system

that reduces the operator effort required

to actuate the system, but which if

inoperative does not prevent the

operator from braking the vehicle by a

continued application of muscular force

on the service brake control.

Brake power unit. A device installed

in a brake system that provides the

energy required to actuate the brakes,

either directly or indirectly through an

auxiliary device, with the operator

action consisting only of modulating the

energy application level.

* * * * *

Chassis. The load-supporting frame of

a commercial motor vehicle, exclusive

of any appurtenances which might be

added to accommodate cargo.

Clearance Lamps. Lamps mounted on

the permanent structure of the vehicle

as near as practicable to the upper left

and right extreme edges that provide

light to the front or rear to indicate the

overall width and height of the vehicle.

Container chassis trailer. A

semitrailer of skeleton construction
18188 Federal Register / Vol. 62, No. 71 / Monday, April 14, 1997 / Proposed Rules

limited to a bottom frame, one or more

axles, specially built and fitted with

locking devices for the transport of

intermodal cargo containers, so that

when the chassis and container are

assembled, the units serve the same

function as an over the road trailer.

* * * * *

Electric brake system. A system that

uses electric current to actuate the

service brake.

Emergency brake. A mechanism

designed to stop a motor vehicle after a

failure of the service brake system.

* * * * *

Front fog lamp. A lighting device

mounted to provide illumination

forward of the vehicle under conditions

of rain, snow, dust, or fog. The lamp

may be used with a lower beam

headlamp or switch controlled in

conjunction with the headlamps and

used at the driver’s discretion with

either low or high beam headlamps.

* * * * *

Heater. Any device or assembly of

devices or appliances used to heat the

interior of any motor vehicle. This

includes a catalytic heater which must

meet the requirements of § 177.834(l)(2)

of this title when Class 3 (flammable

liquid) or Division 2.1 (flammable gas)

is transported.

Heavy hauler trailer. A trailer which

has one or more of the following

characteristics, but which is not a

container chassis trailer:

(1) Its brake lines are designed to

adapt to separation or extension of the

vehicle frame; or

(2) Its body consists only of a platform

whose primary cargo-carrying surface is

not more than 1,016 mm (40 inches)

above the ground in an unloaded

condition, except that it may include

sides that are designed to be easily

removable and a permanent ‘‘front-end

structure’’ as that term is used in

§ 393.106 of this title.

* * * * *

Hydraulic brake system. A system that

uses hydraulic fluid as a medium for

transmitting force from a service brake

control to the service brake, and that

may incorporate a brake power assist

unit, or a brake power unit.

* * * * *

Intermodal shipping container. An

article of transport equipment;

(1) Of a permanent character and

accordingly strong enough to be suitable

for repeated use;

(2) Specially designed to facilitate the

carriage of goods by one or more modes

of transport, without intermediate

reloading;

(3) Fitted with devices permitting its

ready handling, particularly its transfer

from one mode of transport to another;

(4) So designed as to be easy to fill

and empty; and

(5) Having an internal volume of one

cubic meter (35.3 cubic feet) or more.

* * * * *

Multi-piece windshield. A windshield

consisting of two or more windshield

glazing surface areas.

Parking brake system. A mechanism

designed to prevent the movement of a

stationary motor vehicle.

* * * * *

Side marker lamp (Intermediate). A

lamp shown to the side of a motor

vehicle to indicate the approximate

middle of the vehicle, when the motor

vehicle is 9.14 meters (30 feet) or more

in length.

Side marker lamps. Lamps mounted

on the permanent structure of the motor

vehicle as near as practicable to the

front and rear edges, that provide light

to the side to indicate the overall length

of the motor vehicle.

Split service brake system. A brake

system consisting of two or more

subsystems actuated by a single control

designed so that a leakage-type failure of

a pressure component in a single

subsystem (except structural failure of a

housing that is common to two or more

subsystems) shall not impair the

operation of any other subsystem.

* * * * *

Tow bar. A strut or column-like

device temporarily attached between the

rear of a towing vehicle and the front of

the vehicle being towed.

Trailer kingpin. A pin (with a flange

on its lower end) which extends

vertically from the front of the

underside of a semitrailer and which

locks into a fifth wheel.

* * * * *

Vacuum brake system. A system that

uses a vacuum and atmospheric

pressure for transmitting a force from

the driver control to the service brake,

not including a system that uses

vacuum only to assist the driver in

applying muscular force to hydraulic or

mechanical components.

Windshield. The principal forward

facing glazed surface provided for

forward vision in operating a motor

vehicle.

8. Section 393.7 is amended by

adding paragraphs (b)(7) and (b)(8) to

read as follows:

§ 393.7 Matter incorporated by reference.

* * * * *

(b) * * *

(7) Standards of the Society of

Automotive Engineers (SAE).

Information and copies may be obtained

by writing to: Society of Automotive

Engineers, Inc., 400 Commonwealth

Drive, Warrendale, Pennsylvania 15096.

(8) Standards of the American

National Standards Institute (ANSI).

Information and copies may be obtained

by writing to: American National

Standards Institute, 11 West 42nd

Street, New York, New York 10036.

* * * * *

9. The title of subpart B is revised to

read as follows:

Subpart B—Lamps, Reflective Devices,

and Electrical Wiring

10. Section 393.9 is revised to read as

follows:

§ 393.9 Lamps operable, prohibition of

obstructions of lamps and reflectors.

(a) All lamps required by this subpart

shall be capable of being operated at all

times. This paragraph shall not be

construed to require that any auxiliary

or additional lamp be capable of

operating at all times.

(b) Lamps and reflective devices/

material required by this subpart must

not be obscured by the tailboard, or by

any part of the load, by dirt, or

otherwise. Exception: The conspicuity

treatments on the front end protection

devices may be obscured by part of the

load being transported.

11. Section 393.11 is amended by

revising paragraphs (a) through (c), table

1 and footnotes 4 through 10 and 15,

and adding footnotes 16 and 17 to read

as follows:

§ 393.11 Lamps and reflective devices.

(a)(1) Lamps and reflex reflectors.

Table 1 of this section specifies the

requirements for lamps, reflective

devices and associated equipment by

the type of commercial motor vehicle.

The diagrams in this section illustrate

the position of the lamps, reflective

devices and associated equipment

specified in Table 1. All commercial

motor vehicles manufactured on or after

December 25, 1968, must, at a

minimum, meet the applicable

requirements of 49 CFR 571.108

(FMVSS No. 108) in effect at the time of

manufacture of the vehicle. Commercial

motor vehicles manufactured before

December 25, 1968, must, at a

minimum, meet the requirements of this

subpart in effect at the time of

manufacture.

(2) Exceptions: Pole trailers and trailer

converter dollies must meet the part 393

requirements for lamps, reflective

devices and electrical equipment in

effect at the time of manufacture.

Trailers which are equipped with

conspicuity material which meets the
Federal Register / Vol. 62, No. 71 / Monday, April 14, 1997 / Proposed Rules 18189

requirements of paragraph (b) of this

section are not required to be equipped

with the reflex reflectors listed in Table

1 if—

(i) The conspicuity material is placed

at the locations where reflex reflectors

are required by Table 1; and

(ii) The conspicuity material when

installed on the motor vehicle meets the

geometric visibility requirements for the

reflex reflectors.

(b) Conspicuity systems. Each trailer

of 2,032 mm (80 inches) or more overall

width, and with a GVWR over 4,536 kg

(10,000 pounds), manufactured on or

after December 1, 1993, except pole

trailers and trailers designed exclusively

for living or office use, shall be

equipped with either retroreflective

sheeting that meets the requirements of

FMVSS No. 108 (49 CFR 571.108,

S5.7.1), reflex reflectors that meet the

requirements FMVSS No. 108 (49 CFR

571.108, S5.7.2), or a combination of

retroreflective sheeting and reflex

reflectors that meet the requirements of

FMVSS No. 108 (49 CFR 571.108,

S5.7.3). The conspicuity system shall be

installed and located as specified in

FMVSS No. 108 (49 CFR 571.108)

[S5.7.1.4 (for retroreflective sheeting),

S5.7.2.2 (for reflex reflectors), S5.7.3 (for

a combination of sheeting and

reflectors)] and have certification and

markings as required by S5.7.1.5 (for

retroreflective tape) and S5.7.2.3 (for

reflex reflectors).

(c) Prohibition on the use of amber

stop lamps and tail lamps. No

commercial motor vehicle may be

equipped with an amber stop lamp, tail

lamp, or other lamp which is optically

combined with an amber stop lamp or

tail lamp.

TABLE 1.—REQUIRED LAMPS AND REFLECTORS ON COMMERCIAL MOTOR VEHICLES

Item on the vehicle Quantity Color Location Position

Height above

the road surface in millimeters (mm) (with

English units in

parenthesis)

measured from

the center of

the lamp at

curb weight

Vehicles for which the devices are required

Headlamps ....... 2 White ........... Front ............... On the front at the same

height, with an equal number at each side of the vertical centerline as far apart

as practicable.

Not less than

559 mm (22

inches) nor

more than

1,372 mm

(54 inches).

A, B, C

Turn signal

(front). See

footnotes #2

and 12.

2 Amber ......... At or near the

front.

One on each side of the vertical centerline at the same

height and as far apart as

practicable.

Not less than

381 mm (15

inches) nor

more than

2,108 mm

(83 inches).

A, B, C

Identification

lamps (front).

See footnote

#1.

3 Amber ......... Front ............... As close as practicable to the

top of the vehicle, at the

same height, and as close

as practicable to the vertical

centerline of the vehicle (or

the vertical centerline of the

cab where different from the

centerline of the vehicle)

with lamp centers spaced

not less than 152 mm (6

inches) or more than 305

mm (12 inches) apart.

All three on the

same level

as close as

practicable

to the top of

the motor

vehicle.

B, C

Alternatively, the front lamps

may be located as close as

practicable to the top of the

cab.

Tail lamps. See

footnotes #5

and 11.

2 Red ............. Rear ............... One lamp on each side of the

vertical centerline at the

same height and as far

apart as practicable.

Both on the

same level

between 381

mm (15

inches) and

1,829 mm

(72 inches).

A, B, C, D, E, F, G, H

Stop lamps.

See footnotes

#5 and 13.

2 Red ............. Rear ............... One lamp on each side of the

vertical centerline at the

same height and as far

apart as practicable.

Both on the

same level

between 381

mm (15

inches) and

1,829 mm

(72 inches).

A, B, C, D, E, F, G
18190 Federal Register / Vol. 62, No. 71 / Monday, April 14, 1997 / Proposed Rules

TABLE 1.—REQUIRED LAMPS AND REFLECTORS ON COMMERCIAL MOTOR VEHICLES—Continued

Item on the vehicle Quantity Color Location Position

Height above

the road surface in millimeters (mm) (with

English units in

parenthesis)

measured from

the center of

the lamp at

curb weight

Vehicles for which the devices are required

Clearance

lamps. See

footnotes #8,

9, 10, 15 &

17.

2 Amber ......... One on each

side of the

rear of the

vehicle.

One on each side of the vertical centerline to indicate

overall width.

Both on the

same level

as high as

practicable.

B, C, D, G, H

2 Red ............. One on each

side of the

front of the

vehicle.

One on each side of the vertical centerline to indicate

overall width.

Both on the

same level

as high as

practicable.

B, D, G, H

Reflex reflector,

intermediate

(side).

2 Amber ......... One on each

side.

At or near the midpoint between the front and rear

side marker lamps, if the

length of the vehicle is more

than 9,144 mm (30 feet).

Between 381

mm (15

inches) and

1,524 mm

(60 inches).

A, B, D, F, G

Reflex reflector

(rear). See

footnotes #5,

6, and 8.

2 Red ............. Rear ............... One on each side of the vertical centerline, as far apart

as practicable and at the

same height.

Both on the

same level,

between 381

mm (15

inches) and

1,524 mm

(60 inches).

A, B, C, D, E, F, G

Reflex reflector

(rear side).

2 Red ............. One on each

side (rear).

As far to the rear as practicable.Both on the

same level,

between 381

mm (15

inches) and

1,524 mm

(60 inches).

A, B, D, F, G

Reflex reflector

(front side).

See footnote

#16.

2 Amber ......... One on each

side (front).

As far to the front as practicable.Between 381

mm (15

inches) and

1,524 mm

(60 inches).

A, B, C, D, F, G

License plate

lamp (rear).

See footnote

#11.

1 White ........... At rear license

plate to illuminate the

plate from

the top or

sides.

No requirements.A, B, C, D, F, G

Side marker

lamp (front).

See footnote

#16.

2 Amber ......... One on each

side.

As far to the front as practicable.Not less than

381 mm (15

inches).

A, B, C, D, F

Side marker

lamp, intermediate.

2 Amber ......... One on each

side.

At or near the midpoint between the front and rear

side marker lamps, if the

length of the vehicle is more

than 9,144 mm (30 feet).

Not less than

381 mm (15

inches).

A, B, D, F, G

Side marker

lamp (rear).

See footnotes

#4 and 8.

2 Red ............. One on each

side.

As far to the rear as practicable.Not less than

381 mm (15

inches) and,

on the rear

of trailers,

not more

than 1,524

mm (60

inches).

A, B, D, F, G
Federal Register / Vol. 62, No. 71 / Monday, April 14, 1997 / Proposed Rules 18191

TABLE 1.—REQUIRED LAMPS AND REFLECTORS ON COMMERCIAL MOTOR VEHICLES—Continued

Item on the vehicle Quantity Color Location Position

Height above

the road surface in millimeters (mm) (with

English units in

parenthesis)

measured from

the center of

the lamp at

curb weight

Vehicles for which the devices are required

Turn signal

(rear). See

footnotes #5

and 12.

2 Amber or red Rear ............... One lamp on each side of the

vertical centerline as far

apart as practicable.

Both on the

same level,

between 381

mm (15

inches) and

2,108 mm

(83 inches).

A, B, C, D, E, F, G

Identification

lamp (rear).

See footnotes

#3, 7, and 15.

3 Red ............. Rear ............... One as close as practicable to

the vertical centerline. One

on each side with lamp centers spaced not less than

152 mm (6 inches) or more

than 305 mm (12 inches)

apart.

All three on the

same level

as close as

practicable

to the top of

the vehicle.

B, D, G

Vehicular hazard warning

signal flasher

lamps. See

footnotes #5

and 12.

2 Amber ......... Front ............... One lamp on each side of the

vertical centerline, as far

apart as practicable.

Both on the

same level,

between 381

mm (15

inches) and

2,108 mm

(83 inches).

A, B, C,

2 Amber or red Rear ............... One lamp on each side of the

vertical centerline, as far

apart as practicable.

Both on the

same level,

between 381

mm (15

inches) and

2,108 mm

(83 inches).

A, B, C, D, E, F, G

Backup lamp.

See footnote

#14.

1 White ........... Rear ............... Rear ........................................ No requirement.A, B, C

Parking lamp .... 2 Amber or

white.

Front ............... One lamp on each side of the

vertical centerline, as far

apart as practicable.

Both on the

same level,

between 381

mm (15

inches) and

1,829 mm

(72 inches).

A

Legend: Types of commercial motor vehicles shown in the last column of Table 1.

A. Buses and trucks less than 2,032 mm (80 inches) in overall width.

B. Buses and trucks 2,032 mm (80 inches) or more in overall width.

C. Truck tractors.

D. Semitrailers and full trailers 2,032 mm (80 inches) or more in overall width except converter dollies.

E. Converter dolly.

F. Semitrailers and full trailers less than 2,032 mm (80 inches) in overall width.

G. Pole trailers.

H. Projecting loads.

Note: Lamps and reflectors may be combined as permitted by § 393.22 and S5.4 of 49 CFR 571.108, Equipment combinations.

* * * * *

Footnote—4

Any semitrailer or full trailer

manufactured on or after March 1, 1979,

shall be equipped with rear side-marker

lamps at a height of not less than 381

mm (15 inches) nor more than 1,524

mm (60 inches) above the road surface,

as measured from the center of the lamp

on the vehicle at curb weight.

Footnote—5

Each converter dolly, when towed

singly by another vehicle and not as part

of a full trailer, shall be equipped with

one stop lamp, one tail lamp, and two

reflectors (one on each side of the

vertical centerline, as far apart as

practicable) on the rear. Each converter

dolly shall be equipped with rear turn

signals and vehicular hazard warning

signal flasher lamps when towed singly

by another vehicle and not as part of a

full trailer, if the converter dolly

obscures the turn signals at the rear of

the towing vehicle.

Footnote—6

Pole trailers shall be equipped with

two reflex reflectors on the rear, one on

each side of the vertical centerline as far

apart as practicable, to indicate the

extreme width of the trailer.
18192 Federal Register / Vol. 62, No. 71 / Monday, April 14, 1997 / Proposed Rules

Footnote—7

Pole trailers, when towed by motor

vehicles with rear identification lamps

meeting the requirements of § 393.11

and mounted at a height greater than the

load being transported on the pole

trailer, are not required to have rear

identification lamps.

Footnote—8

Pole trailers shall have on the

rearmost support for the load: (1) Two

front clearance lamps, one on each side

of the vehicle, both on the same level

and as high as practicable to indicate

the overall width of the pole trailer; (2)

two rear clearance lamps, one on each

side of the vehicle, both on the same

level and as high as practicable to

indicate the overall width of the pole

trailer; (3) two rear side marker lamps,

one on each side of the vehicle, both on

the same level, not less than 375 mm (15

inches) above the road surface; (4) two

rear reflex reflectors, one on each side,

both on the same level, not less than 375

mm (15 inches) above the road surface

to indicate maximum width of the pole

trailer; and (5) one red reflector on each

side of the rearmost support for the

load. Lamps and reflectors may be

combined as allowed in § 393.22.

Footnote—9

Any motor vehicle transporting a load

which extends more than 102 mm (4

inches) beyond the overall width of the

motor vehicle shall be equipped with

the following lamps in addition to other

required lamps when operated during

the hours when headlamps are required

to be used.

(1) The foremost edge of that portion

of the load which projects beyond the

side of the vehicle shall be marked (at

its outermost extremity) with an amber

lamp visible from the front and side.

(2) The rearmost edge of that portion

of the load which projects beyond the

side of the vehicle shall be marked (at

its outermost extremity) with a red lamp

visible from the rear and side.

(3) If the projecting load does not

measure more than 914 mm (3 feet) from

front to rear, it shall be marked with an

amber lamp visible from the front, both

sides, and rear, except that if the

projection is located at or near the rear

it shall be marked by a red lamp visible

from front, side, and rear.

Footnote—10

Projections beyond rear of motor

vehicles. Motor vehicles transporting

loads which extend more than 1,219

mm (4 feet) beyond the rear of the motor

vehicle, or which have tailboards or

tailgates extending more than 1,219 mm

(4 feet) beyond the body, shall have

these projections marked as follows

when the vehicle is operated during the

hours when headlamps are required to

be used:

(1) On each side of the projecting

load, one red side marker lamp, visible

from the side, located so as to indicate

maximum overhang. (2) On the rear of the projecting load,

two red lamps, visible from the rear, one

at each side; and two red reflectors

visible from the rear, one at each side,

located so as to indicate maximum

width.

* * * * *

Footnote—15

(1) For the purposes of § 393.11, the

term ‘‘overall width’’ refers to the

nominal design dimension of the widest

part of the vehicle, exclusive of the

signal lamps, marker lamps, outside

rearview mirrors, flexible fender

extensions, and mud flaps. (2) Clearance lamps may be mounted

at a location other than on the front and

rear if necessary to indicate the overall

width of a vehicle, or for protection

from damage during normal operation of

the vehicle.

(3) On a trailer, the front clearance

lamps may be mounted at a height

below the extreme height if mounting at

the extreme height results in the lamps

failing to mark the overall width of the

trailer.

(4) On a truck tractor, clearance lamps

mounted on the cab may be located to

indicate the width of the cab, rather

than the width of the vehicle.

(5) When the rear identification lamps

are mounted at the extreme height of a

vehicle, rear clearance lamps are not

required to be located as close as

practicable to the top of the vehicle.

Footnote—16

A trailer subject to this part that is

less than 1829 mm (6 feet) in overall

length, including the trailer tongue,

need not be equipped with front side

marker lamps and front side reflex

reflectors.

Footnote—17

A boat trailer subject to this part

whose overall width is 2032 mm (80

inches) or more need not be equipped

with both front and rear clearance lamps

provided an amber (front) and red (rear)

clearance lamp is located at or near the

midpoint on each side so as to indicate

its extreme width.

* * * * *

12. Section 393.17 is amended by

revising the text below the illustrations

to the tow-bar diagram, the doublesaddle-mount diagram and the singlesaddle-mount diagram to read as

follows:

§ 393.17 Lamps and reflectors—

combinations in driveaway-towaway

operation.

* * * * *

(Tow-bar diagram to illustrate § 393.17.)

* * * * *

Lamps may be combined as permitted

by § 393.22. The color of exterior

lighting devices and reflectors shall

conform to requirements of § 393.11.

* * * * *

(Double-saddle-mount diagram to

illustrate § 393.17.)

* * * * *

Lamps may be combined as permitted

by § 393.22. The color of exterior

lighting devices and reflectors shall

conform to the requirements of § 393.11.

* * * * *

(Single-saddle-mount diagram to

illustrate § 393.17.)

* * * * *

Lamps may be combined as permitted

by § 393.22. The color of exterior

lighting devices and reflectors shall

conform to requirements of § 393.11.

13. Section 393.19 is revised to read

as follows:

§ 393.19 Hazard warning signals.

The hazard warning signal operating

unit on each commercial motor vehicle

shall operate independently of the

ignition or equivalent switch, and when

activated, cause all turn signals required

by § 393.11 to flash simultaneously.

§ 393.20 [Removed and Reserved]

14. Section 393.20 is removed and

reserved.

15. Section 393.23 is revised to read

as follows:

§ 393.23 Power supply for lamps.

All required lamps must be powered

by the electrical system of the motor

vehicle with the exception of battery

powered lamps used on projecting

loads.

16. Section 393.24 is revised to read

as follows:

§ 393.24 Requirements for head lamps,

auxiliary driving lamps and front fog lamps.

(a) Headlamps. Every bus, truck and

truck tractor shall be equipped with

headlamps as required by § 393.11(a).

The headlamps shall provide an upper

and lower distribution of light,

selectable at the driver’s will and be

steady-burning. The headlamps shall be

marked in accordance with FMVSS No.

108, 49 CFR 571.108, S7.2. Auxiliary

driving lamps and/or front fog lamps

may not be used to satisfy the

requirements of this paragraph.

(b) Auxiliary driving lamps and front

fog lamps. Commercial motor vehicles

may be equipped with auxiliary driving

lamps and/or front fog lamps for use in

conjunction with, but not in lieu of the

required headlamps. Auxiliary driving

lamps shall meet SAE Standard J581

Auxiliary Driving Lamps, January 1995,

and front fog lamps shall meet SAE
Federal Register / Vol. 62, No. 71 / Monday, April 14, 1997 / Proposed Rules 18193

Standard J583 Front Fog Lamps, June

1993. (See § 393.7(b) for information on

the incorporation by reference and

availability of this document.)

(c) Mounting. Headlamps, auxiliary

driving lamps and front fog lamps shall

be mounted so that the beams are

adjustable, both vertically and

horizontally and the mounting shall

prevent the aim of the lighting device

from being disturbed while the vehicle

is operating on public roads.

(d) Aiming and intensity. Headlamps

shall be constructed and installed to

meet, at a minimum, the applicable

requirements of FMVSS No. 108 in

effect at the time the vehicle was

manufactured. Auxiliary driving lamps

and front fog lamps shall meet the

aiming and intensity specifications in

the SAE standards referenced in

paragraph (b) of this section.

17. Section 393.25 is revised to read

as follows:

§ 393.25 Requirements for lamps other

than head lamps.

(a) Mounting. All lamps shall be

securely mounted on a rigid part of the

vehicle. Temporary lamps must be

securely mounted to the load and are

not required to be mounted to a

permanent part of the vehicle.

(b) Visibility. Each lamp shall be

located so that it meets the visibility

requirements specified by FMVSS No.

108 in effect at the time of manufacture

of the vehicle. Vehicles which were not

subject to FMVSS No. 108 at the time of

manufacture shall have each lamp

located so that is meets the visibility

requirements specified in the SAE

standards listed in paragraph (c) of this

section. If motor vehicle equipment

(e.g., mirrors, snow plows, wrecker

booms, backhoes, and winches)

prevents compliance with this

paragraph by any required lamp, an

auxiliary lamp or device meeting the

requirements of this paragraph shall be

provided. This shall not be construed to

apply to lamps on one unit which are

obscured by another unit of a

combination of vehicles.

(c) Specifications. All required lamps

(except marker lamps on projecting

loads, lamps which are temporarily

attached to vehicles transported in

driveaway-towaway operations, and

lamps on converter dollies and pole

trailers) on vehicles manufactured on or

after December 25, 1968, shall, at a

minimum, meet the applicable

requirements of FMVSS No. 108 in

effect on the date of manufacture of the

vehicle. Marker lamps on projecting

loads, all lamps which are temporarily

attached to vehicles transported in

driveaway-towaway operations, and all

lamps on converter dollies and pole

trailers must 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 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. (See § 393.7(b) for

information on the incorporation by

reference and availability of these

documents.)

(d) (Reserved).

(e) Lamps to be steady-burning. All

exterior lamps (both required lamps and

any additional lamps) shall be steadyburning with the exception of turn

signal lamps; hazard warning signal

lamps; school bus warning lamps;

amber Class 2 or Class 3, 360 degree

warning lamps or flashing warning

lamps on tow trucks and commercial

motor vehicles transporting oversized

loads; and warning lamps on emergency

and service vehicles authorized by State

or local authorities. Lamps combined

into the same shell or housing with a

turn signal are not required to be steady

burning while the turn signal is in use.

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 are

prohibited. Amber flashing warning

lamps must 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 must meet SAE J1318 Gaseous

Discharge Warning Lamp for Authorized

Emergency, Maintenance, and Service

Vehicles, April 1986. Class 1 gaseous

discharge warning lamps are prohibited.

(See § 393.7(b) for information on the

incorporation by reference and

availability of these documents.)

(f) Stop lamp operation. The stop

lamps on each vehicle shall be activated

upon application of the service brakes.

The stop lamps are not required to be

activated when the emergency feature of

the trailer brakes is used or when the

stop lamp is optically combined with

the turn signal and the turn signal is in

use.

18. Section 393.26 is amended by

revising paragraphs (a), (b), (c), and (d)

and introductory text to read as follows:

§ 393.26 Requirements for reflex

reflectors.

(a) Mounting. Reflex reflectors shall

be mounted at the locations required by

§ 393.11. In the case of motor vehicles

so constructed that requirement for a

381 mm (15-inch) minimum height

above the road surface is not practical,

the reflectors shall be mounted as high

as practicable. All permanent reflex

reflectors shall be securely mounted on

a rigid part of the vehicle. Temporary

reflectors on projecting loads must be

securely mounted to the load and are

not required to be permanently mounted

to a part of the vehicle. Temporary

reflex reflectors on vehicles transported

in driveaway-towaway operations must

be firmly attached.

(b) Specifications. All required reflex

reflectors (except reflex reflectors on

projecting loads, vehicles transported in

a driveaway-towaway operation,

converter dollies and pole trailers) on

vehicles manufactured on or after

December 25, 1968, shall meet the

applicable requirements of FMVSS No.

108 in effect on the date of manufacture

of the vehicle. Reflex reflectors on

projecting loads, vehicles transported in

a driveaway-towaway operation, and all

reflex reflectors on converter dollies,

pole trailers must conform to SAE

J594—Reflex Reflectors, July 1995.

(c) Substitute material for side reflex

reflectors. Reflective material

conforming to ASTM D 4956–90,

Standard Specification for

Retroreflective Sheeting for Traffic

Control, may be used in lieu of reflex

reflectors if the material as used on the

vehicle, meets the performance

standards in either Table I or Table IA

of SAE J594—Reflex Reflectors, July

1995. (See § 393.7(b) for information on

the incorporation by reference and

availability of these documents.)

(d) Use of additional retroreflective

surfaces. Additional retroreflective

surfaces may be used in conjunction

with, but not in lieu of the reflex

reflectors required in subpart B of part

393, and the substitute material for side

reflex reflectors allowed by paragraph

(c) of this section, provided:

* * * * *

19. Section 393.28 is revised to read

as follows:
18194 Federal Register / Vol. 62, No. 71 / Monday, April 14, 1997 / Proposed Rules

§ 393.28 Wiring systems.

Electrical wiring shall be installed

and maintained to conform to SAE

J1292—Automobile, Truck, TruckTractor, Trailer, and Motor Coach

Wiring, October 1981. (See § 393.7(b) for

information on the incorporation by

reference and availability of this

document.)

§ 393.27, 393.29, 393.31, 393.32, and 393.33

[Removed and Reserved]

20. Sections 393.27, 393.29, 393.31,

393.32, and 393.33 are removed and

reserved.

21. Section 393.40 is revised to read

as follows:

§ 393.40 Required brake systems.

(a) Each commercial motor vehicle

must have brakes adequate to stop and

hold the vehicle or combination of

motor vehicles. Each commercial motor

vehicle must meet the applicable

service, parking, and emergency brake

system requirements provided in this

section.

(b) Service brakes—(1) Hydraulic

brake systems. Motor vehicles equipped

with hydraulic brake systems and

manufactured on or after September 2,

1983, must, at a minimum, have a

service brake system that meets the

requirements of FMVSS No. 105 in

effect on the date of manufacture. Motor

vehicles which were not subject to

FMVSS No. 105 on the date of

manufacture must have a service brake

system that meets the applicable

requirements of §§ 393.42, 393.48,

393.49, 393.51, and 393.52 of this

subpart. (2) Air brake systems. Buses, trucks

and truck-tractors equipped with air

brake systems and manufactured on or

after March 1, 1975, and trailers

manufactured on or after January 1,

1975, must, at a minimum, have a

service brake system that meets the

requirements of FMVSS No. 121 in

effect on the date of manufacture. Motor

vehicles which were not subject to

FMVSS No. 121 on the date of

manufacture must have a service brake

system that meets the applicable

requirements of §§ 393.42, 393.48,

393.49, 393.51, and 393.52 of this

subpart. (3) Vacuum brake systems. Motor

vehicles equipped with vacuum brake

systems must have a service brake

system that meets the applicable

requirements of §§ 393.42, 393.48,

393.49, 393.51, and 393.52 of this

subpart. (4) Electric brake systems. Motor

vehicles equipped with electric brake

systems must have a service brake

system that meets the applicable

requirements of §§ 393.42, 393.48,

393.49 and 393.52 of this subpart.

(c) Parking brakes. Each commercial

motor vehicle must be equipped with a

parking brake system that meets the

applicable requirements of § 393.41.

(d) Emergency brakes— partial failure

of service brakes—(1) Hydraulic brake

systems. Motor vehicles manufactured

on or after September 2, 1983, and

equipped with a split service brake

system must, at a minimum, meet the

partial failure requirements of FMVSS

No. 105 in effect on the date of

manufacture.

(2) Air brake systems. Buses, trucks

and truck tractors manufactured on or

after March 1, 1975, and trailers

manufactured on or after January 1,

1975, must be equipped with an

emergency brake system which, at a

minimum, meets the requirements of

FMVSS No. 121 in effect on the date of

manufacture.

(3) Vehicles not subject to FMVSS

Nos. 105 and 121 on the date of

manufacture. Buses, trucks and truck

tractors not subject to FMVSS Nos. 105

or 121 on the date of manufacture must

meet the requirements of § 393.40(e).

Trailers not subject to FMVSS No. 121

at the time of manufacture must meet

the requirements of § 393.43.

(e) Emergency brakes, vehicles

manufactured on or after July 1, 1973.

(1) A bus, truck, truck tractor, or a

combination of motor vehicles

manufactured on or after July 1, 1973,

and not covered under paragraphs (d)(1)

or (d)(2) of this section, must have an

emergency brake system which consists

of emergency features of the service

brake system or an emergency system

separate from the service brake system.

The emergency brake system must meet

the applicable requirements of §§ 393.43

and 393.52.

(2) A control by which the driver

applies the emergency brake system

must be located so that the driver can

operate it from the normal seating

position while restrained by any seat

belts with which the vehicle is

equipped. The emergency brake control

may be combined with either the service

brake control or the parking brake

control. However, all three controls may

not be combined.

(f) Interconnected systems. (1) If the

brake systems required by § 393.40(a)

are interconnected in any way, they

must be designed, constructed, and

maintained so that in the event of a

failure of any part of the operating

mechanism of one or more of the

systems (except the service brake

actuation pedal or valve), the motor

vehicle will have operative brakes and,

for vehicles manufactured on or after

July 1, 1973, be capable of meeting the

requirements of § 393.52(b).

(2) A motor vehicle to which the

requirements of FMVSS No. 105 (49

CFR 571.105, S5.1.2), dealing with

partial failure of the service brake,

applied at the time of manufacture

meets the requirements of § 393.40(f)(1)

if the motor vehicle is maintained in

conformity with FMVSS No. 105 and

the motor vehicle is capable of meeting

the requirements of § 393.52(b), except

in the case of a structural failure of the

brake master cylinder body.

(3) A bus is considered to meet the

requirements of § 393.40(f)(1) if it meets

the requirements of § 393.44 and

§ 393.52(b).

22. Section 393.41 is revised to read

as follows:

§ 393.41 Parking brake system.

(a) Hydraulic-braked vehicles

manufactured on or after September 2,

1983. Each truck and bus (other than a

school bus) with a GVWR of 4,536 kg

(10,000 pounds) or less which is subject

to this part and school buses with a

GVWR greater than 4,536 kg (10,000

pounds) shall be equipped with a

parking brake system as required by

FMVSS No. 105 (49 CFR 571.105, S5.2)

in effect at the time of manufacture. The

parking brake shall be capable of

holding the vehicle or combination of

vehicles stationary under any condition

of loading in which it is found on a

public road (free of ice and snow).

Hydraulic-braked vehicles which were

not subject to the parking brake

requirements of FMVSS No. 105 (49

CFR 571.105, S5.2) must be equipped

with a parking brake system that meets

the requirements of paragraph (c) of this

section.

(b) Air-braked power units

manufactured on or after March 1, 1975,

and air-braked trailers manufactured on

or after January 1, 1975. Each air-braked

bus, truck and truck tractor

manufactured on and after March 1,

1975, and each air-braked trailer except

an agricultural commodity trailer,

converter dolly, heavy hauler trailer or

pulpwood trailer, shall be equipped

with a parking brake system as required

by FMVSS No. 121 (49 CFR 571.121,

S5.6) in effect at the time of

manufacture. The parking brake shall be

capable of holding the vehicle or

combination of vehicles stationary

under any condition of loading in which

it is found on a public road (free of ice

and snow). An agricultural commodity

trailer, heavy hauler or pulpwood trailer

shall carry sufficient chocking blocks to

prevent movement when parked.

(c) Vehicles not subject to FMVSS

Nos. 105 and 121 on the date of

manufacture and all vacuum braked

vehicles and electric braked trailers. (1)
Federal Register / Vol. 62, No. 71 / Monday, April 14, 1997 / Proposed Rules 18195

All hydraulic-braked motor vehicles not

subject to FMVSS No. 105 (49 CFR

571.105, S5.2) at the time of

manufacture; hydraulic-braked trailers;

air-braked buses, trucks and truck

tractors manufactured before March 1,

1975; air-braked trailers (other than

agricultural commodity, heavy hauler,

or pulpwood trailers) manufactured

before January 1, 1975; and vacuum

braked motor vehicles and electric

braked trailers (regardless of the date of

manufacture) shall be equipped with a

parking brake system adequate to hold

the vehicle or combination on any grade

on which it is operated, under any

condition of loading in which it is

found on a public road (free of ice and

snow).

(2) The parking brake system shall, at

all times, be capable of being applied by

either the driver’s muscular effort or by

spring action. If other energy is used to

apply the parking brake, there must be

an accumulation of that energy isolated

from any common source and used

exclusively for the operation of the

parking brake. Exception: This

paragraph shall not be applicable to airapplied, mechanically-held parking

brake systems which meet the parking

brake requirements of FMVSS No. 121

(49 CFR 571.121, S5.6).

(3) The parking brake system shall be

held in the applied position by energy

other than fluid pressure, air pressure,

or electric energy. The parking brake

system shall not be capable of being

released unless adequate energy is

available to immediately reapply the

parking brake with the required

effectiveness.

23. Section 393.42 is amended by

revising paragraph (b) to read as follows:

§ 393.42 Brakes required on all wheels.

* * * * *

(b) Exception. (1) Trucks or truck

tractors having three or more axles and

manufactured before July 25, 1980, are

not required to have brakes on the front

wheels. However, these vehicles must

meet the requirements of § 393.52.

(2) Motor vehicles being towed in a

driveaway-towaway operation are not

required to have operative brakes

provided the combination of vehicles

meets the requirements of § 393.52. This

exception is not applicable to:

(i) Any motor vehicle towed by means

of a tow-bar when another motor vehicle

is full-mounted on the towed vehicle;

and

(ii) Any combination of motor

vehicles utilizing three or more saddlemounts.

(3) Any semitrailer or pole trailer

(laden or unladen) with a gross weight

of 1,361 kg (3,000 pounds) or less which

is subject to this part is not required to

be equipped with brakes if the axle

weight of the towed vehicle does not

exceed 40 percent of the sum of the axle

weights of the towing vehicle.

(4) Any full trailer or four-wheel pole

trailer (laden or unladen) with a gross

weight of 1,361 kg (3,000 pounds) or

less which is subject to this part is not

required to be equipped with brakes if

the sum of the axle weights of the towed

vehicle does not exceed 40 percent of

the sum of the axle weights of the

towing vehicle.

(5) Brakes are not required on the

steering axle of a three-axle dolly which

is steered by a co-driver.

(6) Loaded housemoving dollies,

specialized trailers and dollies used to

transport industrial furnaces, reactors,

and similar motor vehicles are not

required to be equipped with brakes,

provided the speed at which the

combination of vehicles will be

operated does not exceed 32 km/hour

(20 mph) and brakes on the combination

of vehicles are capable of stopping the

combination within 12.2 meters (40 feet)

from the speed at which the vehicle is

being operated or 32 km/hour (20 mph),

whichever is less.

* * * * *

24. Section 393.43 is amended by

revising paragraphs (a), (d) and (f) and

by adding initial subheadings to

paragraphs (b), (c), and (e) to read as

follows:

§ 393.43 Breakaway and emergency

braking.

(a) Towing vehicle protection system.

Every motor vehicle, if used to tow a

trailer equipped with brakes, shall be

equipped with a means for providing

that in the case of a breakaway of the

trailer, the service brakes on the towing

vehicle will be capable of stopping the

towing vehicle. For air braked towing

units, the tractor protection valve or

similar device shall operate

automatically when the air pressure on

the towing vehicle is between 138 kPa

and 310 kPa (20 psi and 45 psi).

(b) Emergency brake requirements, air

brakes. * * *

(c) Emergency brake requirements,

vacuum brakes. * * *

(d) Breakaway braking requirements

for trailers. Every trailer required to be

equipped with brakes shall have brakes

which apply automatically and

immediately upon breakaway from the

towing vehicle. All brakes with which

the trailer is required to be equipped

must be applied upon breakaway from

the towing vehicle. The brakes must

remain in the applied position for at

least 15 minutes.

(e) Emergency valves. * * *

(f) Exception. The requirements of

paragraphs (b), (c) and (d) of this section

shall not be applicable to commercial

motor vehicles being transported in

driveaway-towaway operations.

25. Section 393.45 is revised to read

as follows:

§ 393.45 Brake tubing and hoses; hose

assemblies and end fittings.

(a) General construction requirements

for tubing and hoses, assemblies, and

end fittings. All brake tubing and hoses,

brake hose assemblies, and brake hose

end fittings must meet the applicable

requirements of FMVSS No. 106 (49

CFR 571.106).

(b) Special rule for coiled nylon brake

tubing in air brake systems. Coiled

nylon brake hose or hose assemblies

which meet SAE J844, Nonmetallic Air

Brake System Tubing, October 1994, are

not required to meet 49 CFR 571.106,

S7.3.6 (length change), S7.3.10 (tensile

strength), and S7.3.11 (tensile strength

of an assembly after immersion in

water) of FMVSS No. 106.

(c) Brake tubing and hose installation.

Brake tubing and hose must—

(1) Be long and flexible enough to

accommodate without damage all

normal motions of the parts to which it

is attached;

(2) Be secured against chaffing,

kinking, or other mechanical damage;

and

(3) Be installed in a manner that

prevents it from contacting the vehicle’s

exhaust system or any other source of

high temperatures.

(d) Nonmetallic brake tubing. Coiled

nonmetallic brake tubing may be used

for connections between towed and

towing motor vehicles or between the

frame of a towed vehicle and the

unsprung subframe of an adjustable axle

of the motor vehicle if—

(1) The coiled tubing has a straight

segment (pigtail) at each end that is at

least 51 mm (2 inches) in length and is

encased in a spring guard or similar

device which prevents the tubing from

kinking at the fitting at which it is

attached to the vehicle; and

(2) The spring guard or similar device

has at least 51 mm (2 inches) of closed

coils or similar surface at its interface

with the fitting and extends at least 38

mm (11⁄2 inches) into the coiled segment

of the tubing from its straight segment.

(e) Brake tubing and hose

connections. All connections for air,

vacuum, or hydraulic braking systems

shall be installed so as to ensure an

attachment free of leaks, constrictions or

other conditions which would adversely

affect the performance of the brake

system.
18196 Federal Register / Vol. 62, No. 71 / Monday, April 14, 1997 / Proposed Rules

§ 393.46 [Removed and Reserved]

26. Section 393.46 is removed and

reserved.

27. Section 393.47 is revised to read

as follows:

§ 393.47 Brake actuators, slack adjusters,

linings/pads and drums/rotors.

(a) General requirements. Brake

components must be constructed,

installed and maintained to prevent

excessive fading and grabbing. The

means of attachment and physical

characteristics must provide for safe and

reliable stopping of the commercial

motor vehicle.

(b) Brake chambers. The service brake

chambers and spring brake chambers on

each end of an axle must be the same

size.

(c) Slack adjusters. The effective

length of the slack adjuster on each end

of an axle must be the same.

(d) Linings and pads. The thickness of

the brake linings or pads shall meet the

applicable requirements of this

paragraph —

(1) Steering axle brakes. The brake

lining/pad thickness on the steering axle

of a truck, truck-tractor or bus shall not

be less than 4.8 mm (3⁄16 inch) at the

shoe center for a shoe with a continuous

strip of lining; less than 6.4 mm (1⁄4

inch) at the shoe center for a shoe with

two pads; or worn to the wear indicator

if the lining is so marked, for air drum

brakes. The steering axle brake lining/

pad thickness shall not be less than 3.2

mm (1⁄8 inch) for air disc brakes, or 1.6

mm (1⁄16 inch) or less for hydraulic disc,

drum and electric brakes.

(2) Non-steering axle brakes. An air

braked commercial motor vehicle shall

not be operated with brake lining/pad

thickness less than 6.4 mm (1⁄4 inch) or

to the wear indicator if the lining is so

marked (measured at the shoe center for

drum brakes); or less than 3.2 mm (1⁄8

inch) for disc brakes. Hydraulic or

electric braked commercial motor

vehicles shall not be operated with a

lining/pad thickness less than 1.6 mm

(1⁄16 inch) (measured at the shoe center)

for disc or drum brakes.

(e) Clamp and roto-chamber brake

actuator readjustment limits. The

pushrod travel for clamp and rotochamber type actuators must be less

than 80 percent of the rated strokes

listed in SAE J1817—Long Stroke Air

Brake Actuator Marking, June 1991, or

80 percent of the rated stroke marked on

the brake chamber by the chamber

manufacturer, or the readjustment limit

marked on the brake chamber by the

chamber manufacturer. The pushrod

travel for Type 16 and 20 long stroke

clamp type brake actuators must be less

than 51 mm (2 inches) or 80 percent of

the rated stroke marked on the brake

chamber by the chamber manufacturer,

or the readjustment limit marked on the

brake chamber by the chamber

manufacturer.

(f) Wedge brake adjustment. The

movement of the scribe mark on the

lining shall not exceed 1.6 mm (1⁄16

inch).

(g) Drums and rotors. The thickness of

the drums or rotors shall not be less

than the limits established by the brake

drum or rotor manufacturer.

28. Section 393.48 is revised to read

as follows:

§ 393.48 Brakes to be operative.

(a) General rule. Except as provided in

paragraphs (b) and (c) of this section, all

brakes with which a commercial motor

vehicle is equipped must be operable at

all times.

(b) Devices to reduce or remove frontwheel braking effort. A commercial

motor vehicle may be equipped with a

device to reduce the front wheel braking

effort (or in the case of a three-axle truck

or truck tractor manufactured before

March 1, 1975, a device to remove the

front-wheel braking effort) if that device

meets the applicable requirements of

paragraphs (b) (1) and (2) of this section.

(1) Manually operated devices.

Manually operated devices to reduce or

remove front-wheel braking effort may

only be used on buses, trucks, and truck

tractors manufactured before March 1,

1975. Such devices must not be used

unless the vehicle is being operated

under adverse conditions such as wet,

snowy, or icy roads.

(2) Automatic devices. Automatic

devices must not reduce the front-wheel

braking force by more than 50 percent

of the braking force available when the

automatic device is disconnected

(regardless of whether or not an antilock

system failure has occurred on any

axle). The device must not be operable

by the driver except upon application of

the control that activates the braking

system. The device must not be operable

when the brake control application

pressure exceeds 85 psig (for vehicles

equipped with air brakes) or 85 percent

of the maximum system pressure (for

vehicles which are not equipped with

air brakes).

(c) Exception. Paragraph (a) of this

section does not apply to—

(1) A towed vehicle with disabling

damage as defined in § 390.5;

(2) A vehicle which is towed in a

driveaway-towaway operation and is

included in the exemption to the

requirement for brakes on all wheels,

§ 393.42(b);

(3) Unladen converter dollies with a

gross weight of 1,361 kg (3,000 lbs) or

less, and manufactured prior to March

1, 1998;

(4) The steering axle of a three-axle

dolly which is steered by a co-driver;

(5) Loaded house moving dollies,

specialized trailers and dollies used to

transport industrial furnaces, reactors,

and similar motor vehicles provided the

speed at which the combination of

vehicles will be operated does not

exceed 32 km/hour (20 mph) and brakes

on the combination of vehicles are

capable of stopping the combination

within 12.2 meters (40 feet) from the

speed at which the vehicle is being

operated or 32 km/hour (20 mph),

whichever is less.

(6) Raised lift axles. Brakes on lift

axles need not be capable of being

operated while the lift axle is raised.

However, brakes on lift axles must be

capable of being applied whenever the

lift axle is lowered and the tires contact

the roadway.

29. Section 393.50 is revised to read

as follows:

§ 393.50 Reservoirs required.

(a) Reservoir capacity for air-braked

power units manufactured on or after

March 1, 1975, and air-braked trailers

manufactured on or after January 1,

1975. Buses, trucks, and truck-tractors

must meet the reservoir requirements of

FMVSS No. 121, (49 CFR 571.121,

S5.1.2), in effect on the date of

manufacture.

(b) Reservoir capacity for air-braked

vehicles not subject to FMVSS No. 121

on the date of manufacture and all

vacuum braked vehicles. Each motor

vehicle using air or vacuum braking

must have either reserve capacity, or a

reservoir, that would enable the driver

to make a full service brake application

with the engine stopped without

depleting the air pressure or vacuum

below 70 percent of that indicated by

the air or vacuum gauge immediately

before the brake application is made.

For the purposes of this paragraph, a

full service brake application means

depressing the brake pedal or treadle

valve to the limit of its travel.

(c) Safeguarding of air and vacuum.

Each service reservoir system on a

motor vehicle shall be protected against

a loss of air pressure or vacuum due to

a failure or leakage in the system

between the service reservoir and the

source of air pressure or vacuum, by

check valves or equivalent devices

whose proper functioning can be

checked without disconnecting any air

or vacuum line, or fitting.

(d) Drain valves for air braked

vehicles. Each reservoir must have a

condensate drain valve that can be

manually operated. Automatic
Federal Register / Vol. 62, No. 71 / Monday, April 14, 1997 / Proposed Rules 18197

condensate drain valves may be used

provided they may be operated

manually, or a manual means of

draining the reservoirs is retained.

30. Section 393.51 is revised to read

as follows:

§ 393.51 Warning signals, air pressure and

vacuum gauges.

(a) General rule. Every bus, truck and

truck tractor, except as provided in

paragraph (f) of this section, must be

equipped with a signal that provides a

warning to the driver when a failure

occurs in the vehicle’s service brake

system. The warning signal must meet

the applicable requirements of

paragraphs (b), (c), (d) or (e) of this

section.

(b) Hydraulic brakes. Vehicles

manufactured on or after September 1,

1975, must meet the brake system

indicator lamp requirements of FMVSS

No. 105 571.105, (49 CFR (S5.3)),

applicable to the vehicle on the date of

manufacture. Vehicles manufactured on

or after July 1, 1973 but before

September 1, 1975, or to which FMVSS

No. 105 (49 CFR 571.105), was not

applicable on the date of manufacture,

must have a warning signal which

operates before or upon application of

the brakes in the event of a hydraulictype complete failure of a partial

system. The signal must be either visible

within the driver’s forward field of view

or audible. The signal must be

continuous.

(Note: FMVSS No. 105 was applicable to

trucks and buses from September 1, 1975 to

October 12, 1976, and from September 1,

1983, to the present. FMVSS No. 105 was not

applicable to trucks and buses manufactured

between October 12, 1976, and September 1,

1983. Motor carriers have the option of

equipping those vehicles to meet either the

indicator lamp requirements of FMVSS No.

105, or the indicator lamp requirements

specified in this paragraph for vehicles

which were not subject to FMVSS No. 105 on

the date of manufacture.)

(c) Air brakes. A commercial motor

vehicle (regardless of the date of

manufacture) equipped with service

brakes activated by compressed air (air

brakes) or a commercial motor vehicle

towing a vehicle with service brakes

activated by compressed air (air brakes)

must be equipped with a pressure gauge

and a warning signal. Trucks, truck

tractors, and buses manufactured on or

after March 1, 1975, must, at a

minimum, have a pressure gauge and a

warning signal which meets the

requirements of FMVSS No. 121 (49

CFR 571.121, S5.1.4 for the pressure

gauge and S5.1.5 for the warning signal)

applicable to the vehicle on the date of

manufacture of the vehicle. Power units

to which FMVSS No. 121 (49 CFR

571.121) was not applicable on the date

of manufacture of the vehicle must be

equipped with—

(1) A pressure gauge, visible to a

person seated in the normal driving

position, which indicates the air

pressure (in kilopascals (kPa) or pounds

per square inch (psi)) available for

braking; and

(2) A warning signal that is audible or

visible to a person in the normal driving

position and provides a continuous

warning to the driver whenever the air

pressure in the service reservoir system

is at 379 kPa (55 psi) and below, or onehalf of the compressor governor cutout

pressure, whichever is less.

(d) Vacuum brakes. A commercial

motor vehicle (regardless of the date it

was manufactured) having service

brakes activated by vacuum or a vehicle

towing a vehicle having service brakes

activated by vacuum must be equipped

with—

(1) A vacuum gauge, visible to a

person seated in the normal driving

position, which indicates the vacuum

(in millimeters or inches of mercury)

available for braking; and

(2) A warning signal that is audible or

visible to a person in the normal driving

position and provides a continuous

warning to the driver whenever the

vacuum in the vehicle’s supply

reservoir is less than 203 mm (8 inches)

of mercury.

(e) Hydraulic brakes applied or

assisted by air or vacuum. Each vehicle

equipped with hydraulically activated

service brakes which are applied or

assisted by compressed air or vacuum,

and to which FMVSS No. 105 was not

applicable on the date of manufacture,

must be equipped with a warning signal

that conforms to paragraph (b) of this

section for the hydraulic portion of the

system; paragraph (c) of this section for

the air assist/air applied portion; or

paragraph (d) of this section for the

vacuum assist/vacuum applied portion.

This paragraph shall not be construed as

requiring air pressure gauges or vacuum

gauges, only warning signals.

(f) Exceptions. The rules in

paragraphs (c), (d) and (e) of this section

do not apply to property carrying

commercial motor vehicles which have

less than three axles and—

(1) Were manufactured before July 1,

1973, and

(2) Have a manufacturer’s gross

vehicle weight rating less than 4,536 kg

(10,001 pounds).

31. Section 393.60 is revised to read

as follows:

§ 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

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 less than 6 mm (1⁄4 inch)

wide, if 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

drivers 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) from 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
18198 Federal Register / Vol. 62, No. 71 / Monday, April 14, 1997 / Proposed Rules

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 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.

32. Section 393.61 is revised to read

as follows:

§ 393.61 Truck and truck tractor window

construction.

Each truck and truck tractor (except

trucks engaged in armored car service)

shall have at least one window on each

side of the driver’s compartment. Each

window must have a minimum area of

1,290 cm2 (200 in2) formed by a

rectangle 33 cm by 45 cm (13 inches by

173⁄4 inches). The maximum radius of

the corner arcs shall not exceed a 152

mm (6 inches). The long axis of the

rectangle shall not make an angle of

more than 45 degrees with the surface

on which the unladen vehicle stands. If

the cab is designed with a folding door

or doors or with clear openings where

doors or windows are customarily

located, no windows shall be required

in those locations.

33. Section 393.62 is revised to read

as follows:

§ 393.62 Emergency exits for buses.

(a) Buses manufactured on or after

September 1, 1994. Each bus with a

GVWR of 4,536 kg (10,000 pounds) or

less must meet the emergency exit

requirements of FMVSS No. 217 (49

CFR 571.217, S5.2.2.3) in effect on the

date of manufacture. Each bus with a

GVWR of more than 4,536 kg (10,000

pounds) must have emergency exits

which meet the applicable emergency

exit requirements of FMVSS No. 217 (49

CFR 571.217, S5.2.2 or S5.2.3) in effect

on the date of manufacture.

(b) Buses manufactured on or after

September 1, 1973, but before

September 1, 1994.

(1) Each bus (including a school bus

used in interstate commerce for nonschool bus operations) with a GVWR of

more than 4,536 kg (10,000 lbs) must

meet the requirements of FMVSS No.

217, (49 CFR 571. 217 S5.2.2) in effect

on the date of manufacture.

(2) Each bus (including a school bus

used in interstate commerce for nonschool bus operations) with a GVWR of

4,536 kg (10,000 lbs) or less must meet

the requirements of FMVSS No. 217 (49

CFR 571.217, S5.2.2.3) in effect on the

date of manufacture.

(c) Buses manufactured before

September 1, 1973. For each seated

passenger space provided, inclusive of

the driver there shall be at least 432 cm2

(67 square inches) of glazing if such

glazing is not contained in a push-out

window; or, at least 432 cm2 (67 square

inches) of free opening resulting from

opening of a push-out type window. No

area shall be included in this minimum

prescribed area unless it will provide an

unobstructed opening of at least 1,290

cm2 (200 in2) formed by a rectangle 33

cm by 45 cm (13 inches by 17–3/4

inches). The maximum radius of the

corner arcs shall not exceed 152 mm (6

inches). The long axis of the rectangle

shall not make an angle of more than 45

degrees with the surface on which the

unladen vehicle stands. The area shall

be measured either by removal of the

glazing if not of the push-out type, or of

the movable sash if of the push-out type.

The exit must comply with paragraph

(d) of this section. Each side of the bus

must have at least 40 percent of

emergency exit space required by this

paragraph.

(d) Laminated safety glass/push-out

window requirements for buses

manufactured before September 1, 1973.

Emergency exit space used to satisfy the

requirements of paragraph (c) of this

section must have laminated safety glass

or push-out windows designed and

maintained to yield outward to provide

a free opening.

(1) Safety glass. Laminated safety

glass must meet Test No. 25, Egress, of

American National Standard for Safety

Glazing Materials for Glazing Motor

Vehicles Operating on Land Highways—

Safety Code, Z26.1–1990.

(2) Push-out windows. Each push-out

window shall be releasable by operating

no more than two mechanisms and

allow manual release of the exit by a

single occupant. For mechanisms which

require rotary or straight (parallel to the

undisturbed exit surface) motions to

operate the exit, no more than 89

Newtons (20 pounds) of force shall be

required to release the exit. For exits

which require a straight motion

perpendicular to the undisturbed exit

surface, no more than 267 Newtons (60

pounds) shall be required to release the

exit.

(e) Emergency exit identification.

Each bus and each school bus used in

interstate commerce for non-school bus

operations, manufactured on or after

September 1, 1973, shall meet the

applicable emergency exit identification

or marking requirements of FMVSS No.

217, (49 CFR 571, 217, S5.5), in effect

on the date of manufacture. The

emergency exits and doors on all buses

(including school buses used in

interstate commerce for non-school bus

operations) must be marked ‘‘Emergency

Exit’’ or ‘‘Emergency Door’’ followed by

concise operating instructions

describing each motion necessary to

unlatch or open the exit located within

152 mm (6 inches) of the release

mechanism.

(f) Exception for the transportation of

prisoners. The requirements of this

section do not apply to buses used

exclusively for the transportation of

prisoners.

§ 393.63 [Removed and Reserved]

34. Section 393.63 is removed and

reserved.

35. Section 393.67 is amended by

removing the footnote to paragraphs (d)

and (e); by revising the introductory text

of paragraphs (a), (d), and (e); and by

revising paragraph (f)(2) to read as

follows:

§ 393.67 Liquid fuel tanks.

(a) Application of the rules in this

section. The rules in this section apply

to tanks containing or supplying fuel for

the operation of commercial motor

vehicles or for the operation of auxiliary

equipment installed on, or used in

connection with commercial motor

vehicles.

* * * * *

(d) Liquid fuel tank tests. Each liquid

fuel tank must be capable of passing the

tests specified in paragraphs (d)(1) and

(2) of this section. The specified tests

are a measure of performance only.

Alternative procedures which assure

that equipment meets the required

performance standards may be used.

* * * * *

(e) Side-mounted liquid fuel tank

tests. Each side-mounted liquid fuel

tank must be capable of passing the tests

specified in paragraphs (e)(1) and (2) of

this section and the test specified in

paragraphs (d)(1) and (2) of this section.

The specified tests are a measure of

performance only. Alternative

procedures which assure that

equipment meets the required

performance criteria may be used.

* * * * *

(f) * * *

(2) The manufacturer’s name on tanks

manufactured on and after July 1, 1989,

and means of identifying the facility at

which the tank was manufactured, and

* * * * *

36. Section 393.68 is added to part

393 and reads as follows:

§ 393.68 Compressed natural gas fuel

containers.

(a) Applicability. The rules in this

section apply to compressed natural gas

(CNG) fuel containers used for

supplying fuel for the operation of

commercial motor vehicles or for the

operation of auxiliary equipment
Federal Register / Vol. 62, No. 71 / Monday, April 14, 1997 / Proposed Rules 18199

installed on, or used in connection with

commercial motor vehicles.

(b) CNG containers manufactured on

or after March 26, 1995. Any motor

vehicle manufactured on or after March

26, 1995, and equipped with a CNG fuel

tank must meet the CNG container

requirements of FMVSS No. 304 (49

CFR 571.304) in effect at the time of

manufacture of the vehicle.

(c) Labeling. Each CNG fuel container

shall be permanently labeled in

accordance with the requirements of

FMVSS No. 304, (49 CFR 571.304, S7.4).

37. Section 393.70 is amended by

revising paragraph (d)(8) to read as

follows:

§ 393.70 Coupling devices and towing

methods, except for driveaway-towaway

operation.

(d) * * * (8)(i) When two safety

devices, including two safety chains or

cables, are used and are attached to the

towing vehicle at separate points, the

points of attachment on the towing

vehicle shall be located equally distant

from, and on opposite sides of, the

longitudinal centerline of the towing

vehicle.

(ii) Where two chains or cables are

attached to the same point on the

towing vehicle, and where a bridle or a

single chain or cable is used, the point

of attachment must be on the

longitudinal centerline or within 152

mm (6 inches) to the right of the

longitudinal centerline of the towing

vehicle.

(iii) A single safety device, other than

a chain or cable, must also be attached

to the towing vehicle at a point on the

longitudinal centerline or within 152

mm (6 inches) to the right of the

longitudinal centerline of the towing

vehicle.

38. Section 393.71 is amended by

revising paragraphs (a)(2) and (g) and

the heading of paragraph (b) and by

adding paragraph (b)(3):

§ 393.71 Coupling devices and towing

methods, driveaway-towaway operations.

(a) * * *

(2) No more than one tow-bar or balland-socket type coupling device may be

used in any combination.

* * * * *

(b) Carrying vehicles on towing

vehicles, and multiple saddle-mounts.

* * *

* * * * *

(3) Saddle-mounted vehicles must be

arranged such that the gross weight of

the vehicles is properly distributed to

prevent undue interference with the

steering, braking, or maneuvering of the

combination of vehicles.

* * * * *

(g) Means required for towing. No

motor vehicles or combination of motor

vehicles shall be towed in driveawaytowaway operations by means other

than a tow-bar, ball-and-socket type

coupling device, saddle-mount

connections which meet the

requirements of this section, or in the

case of a semi-trailer equipped with an

upper coupler assembly, a fifth-wheel

meeting the requirements of § 393.70.

* * * * *

39. Section 393.75 is amended by

revising paragraph (e) to read as follows:

§ 393.75 Tires.

* * * * *

(e) A regrooved tire with a loadcarrying capacity equal to or greater

than 2,232 kg (4,920 pounds) shall not

be used on the front wheels of any truck

or truck tractor.

* * * * *

40. Section 393.78 is revised to read

as follows:

§ 393.78 Windshield wiping and washing

systems.

(a) Vehicles manufactured on or after

December 25, 1968. Each bus, truck, and

truck-tractor manufactured on or after

December 25, 1968, must have a

windshield wiping system that meets

the requirements of FMVSS No. 104 (49

CFR 571.104, S4.1) in effect on the date

of manufacture. Each of these vehicles

must have a windshield washing system

that meets the requirements of FMVSS

No. 104 (49 CFR 571.104, S4.2.2) in

effect on the date of manufacture.

(b) Vehicles manufactured between

June 30, 1953, and December 24, 1968.

Each truck, truck-tractor, and bus

manufactured between June 30, 1953,

and December 24, 1968, shall be

equipped with a power-driven

windshield wiping system with at least

two wiper blades, one on each side of

the centerline of the windshield. Motor

vehicles which depend upon vacuum to

operate the windshield wipers, shall

have the wiper system constructed and

maintained such that the performance of

the wipers will not be adversely affected

by a change in the intake manifold

pressure.

(c) Driveaway-towaway operations.

Windshield wiping and washing

systems need not be in working

condition while a commercial motor

vehicle is being towed in a driveawaytowaway operation.

41. Section 393.79 is revised to read

as follows:

§ 393.79 Windshield defrosting and

defogging systems.

(a) Vehicles manufactured on or after

December 25, 1968. Each bus, truck, and

truck-tractor manufactured on or after

December 25, 1968, must have a

windshield defrosting and defogging

system that meets the requirements of

FMVSS No. 103 in effect on the date of

manufacture.

(b) Vehicles manufactured before

December 25, 1968. Each bus, truck, and

truck-tractor shall be equipped with a

means for preventing the accumulation

of ice, snow, frost, or condensation that

could obstruct the driver’s view through

the windshield while the vehicle is

being driven.

42. Section 393.82 is revised to read

as follows:

§ 393.82 Speedometer.

Each bus, truck, and truck-tractor

must be equipped with a speedometer

indicating vehicle speed in miles per

hour and/or kilometers per hour. The

speedometer must be accurate to within

plus or minus 8 km/hr (5 mph) at a

speed of 80 km/hr (50 mph).

43. Section 393.87 is revised to read

as follows:

§ 393.87 Warning flags on projecting

loads.

(a) Any commercial motor vehicle

transporting a load which extends

beyond the sides by more than 102 mm

(4 inches) or more than 1,219 mm (4

feet) beyond the rear must have the

extremities of the load marked with red

or orange fluorescent warning flags.

Each warning flag must be at least 457

mm (18 inches) square.

(b) Position of flags. There must be a

single flag at the extreme rear if the

projecting load is two feet wide or less.

Two warning flags are required if the

projecting load is wider than two feet.

Flags must be located to indicate

maximum width of loads which extend

beyond the sides and/or rear of the

vehicle.

§ 393.92 [Removed and Reserved]

44. Section 393.92 is removed and

reserved.

45. Section 393.94 is amended by

revising the section heading, by

removing paragraph (d) and the footnote

to paragraph (c), and by revising

paragraphs (a) and (c)(4) to read as

follows:

§ 393.94 Interior noise levels in power

units.

(a) Applicability of this section. The

interior noise level requirements apply

to all trucks, truck-tractors, and buses.

* * * * *

(c) * * *

(4) The sound level meters used to

determine compliance with the

requirements of this section must meet
18200 Federal Register / Vol. 62, No. 71 / Monday, April 14, 1997 / Proposed Rules

the American National Standards

Institute ‘‘Specification for Sound Level

Meters,’’ ANSI S1.4–1983. (See

§ 393.7(b) for information on the

incorporation by reference and

availability of this document.)

* * * * *

46. Section 393.95 is amended by

revising the introductory text; by

removing and reserving paragraphs (c),

(h) and (i); by revising paragraphs (a),

and (f) and adding (b) to read as follows:

§ 393.95 Emergency equipment on all

power units.

Each truck, truck tractor, and bus

(except those towed in driveawaytowaway operations) must be equipped

as follows:

(a) Fire extinguishers—(1) Minimum

ratings: (i) A power unit that is used to

transport hazardous materials in a

quantity that requires placarding (See

§ 177.823 of this title) must be equipped

with a fire extinguisher having an

Underwriters’ Laboratories rating of 10

B:C or more.

(ii) A power unit that is not used to

transport hazardous materials must be

equipped with either:

(A) A fire extinguisher having an

Underwriters’ Laboratories rating of 5

B:C or more; or

(B) Two fire extinguishers, each of

which has an Underwriters’

Laboratories rating of 4 B:C or more.

(2) Labeling and marking. Each fire

extinguisher required by this section

must be labeled or marked by the

manufacturer with its Underwriters’

Laboratories rating.

(3) Visual Indicators. The fire

extinguisher must be designed,

constructed, and maintained to permit

visual determination of whether it is

fully charged.

(4) Condition, location, and mounting.

The fire extinguisher(s) must be filled

and located so that it is readily

accessible for use. The extinguisher(s)

must be securely mounted to prevent

sliding, rolling, or vertical movement

relative to the motor vehicle.

(5) Extinguishing agents. The fire

extinguisher must use an extinguishing

agent that does not need protection from

freezing. Extinguishing agents must

comply with the toxicity provisions of

the Environmental Protection Agency’s

Significant New Alternatives Policy

(SNAP) regulations under 40 CFR Part

82, Subpart G.

(b) Spare fuses. Power units for which

fuses are needed to operate any required

parts and accessories must have at least

one spare fuse for each type/size of fuse

needed for those parts and accessories.

* * * * *

(f) Warning devices for stopped

vehicles. Except as provided in

paragraph (g) of this section, one of the

following options must be used:

(1) Three bidirectional emergency

reflective triangles that conform to the

requirements of Federal Motor Vehicle

Safety Standard No. 125, § 571.125 of

this title; or

(2) At least 6 fusees or 3 liquidburning flares. The vehicle must have as

many additional fusees or liquidburning flares as are necessary to satisfy

the requirements of § 392.22.

(3) Other warning devices may be

used in addition to, but not in lieu of,

the required warning devices, provided

those warning devices do not decrease

the effectiveness of the required

warning devices.

* * * * *

47. Section 393.102(b)(6) is amended

by adding a sentence at the end of the

paragraph preceding the tables of

working load limits to read as follows:

§ 393.102 Securement systems.

* * * * *

(b) * * *

(6) Tables of working load limits.

* * * . Welded steel chain which is not

marked or labeled to enable

identification of its grade or working

load limit shall be considered to have a

working load limit equal to that for

grade 30 proof coil chain.

* * * * *

48. Section 393.201 is amended by

removing paragraph (f) and by revising

paragraphs (a) and (d) to read as follows:

§ 393.201 Frames.

(a) The frame or chassis of each

commercial motor vehicle shall not be

cracked, loose, sagging or broken.

* * * * *

(d) Parts and accessories shall not be

welded to the frame or chassis of a

commercial motor vehicle except in

accordance with the vehicle

manufacturer’s recommendations. Any

welded repair of the frame must also be

in accordance with the vehicle

manufacturer’s recommendations.

* * * * *

49. Section 393.207 is amended by

adding paragraph (g) to read as follows:

§ 393.207 Suspension systems.

* * * * *

(g) Air suspension exhaust controls.

The air suspension exhaust controls

must not have the capability to exhaust

air from the suspension system of one

axle of a two-axle air suspension trailer.

This paragraph shall not be construed to

prohibit—

(1) Devices that could exhaust air

from both axle systems simultaneously;

or

(2) Lift axles on multi-axle units.

50. Section 393.209 is amended by

revising paragraph (b) and the first

sentence of paragraph (d) to read as

follows:

§ 393.209 Steering wheel systems.

* * * * *

(b) Steering wheel lash. (1) The

steering wheel lash shall not exceed the

following parameters:

Steering wheel diameter Manual steering system Power steering system

406 mm or less (16 inches or less) ................................. 51 mm (2 inches) ............................................................. 108 mm (41⁄4 inches).

457 mm (18 inches) ......................................................... 57 mm (21⁄4 inches) ......................................................... 121 mm (43⁄4 inches).

483 mm (19 inches) ......................................................... 60 mm (23⁄8 inches) ......................................................... 127 mm (5 inches).

508 mm (20 inches) ......................................................... 64 mm (21⁄2 inches) ......................................................... 133 mm (51⁄4 inches).

533 mm (21 inches) ......................................................... 67 mm (25⁄8 inches) ......................................................... 140 mm (51⁄2 inches).

559 mm (22 inches) ......................................................... 70 mm (23⁄4 inches) ......................................................... 146 mm (53⁄4 inches).

(2) For steering wheel diameters not

listed in paragraph (b)(1) of this section

the steering wheel lash shall not exceed

14 degrees angular rotation for manual

steering systems, and 30 degrees angular

rotation for power steering systems.

* * * * *

(d) Steering system. Universal joints

and ball-and-socket joints shall not be

worn, faulty or repaired by welding.

* * * .

* * * * *

[FR Doc. 97–9056 Filed 4–11–97; 8:45 am]

BILLING CODE 4910–22–P