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Monday,

August 15, 2005

Part III

Department of
Transportation
Federal Motor Carrier Safety
Administration

49 CFR Parts 390, 392, and 393


Parts and Accessories Necessary for Safe
Operation; General Amendments; Final
Rule

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48008 Federal Register / Vol. 70, No. 156 / Monday, August 15, 2005 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION of, and standards of equipment of, a responsible for ensuring vehicles are in
private motor carrier, when needed to safe and proper operating condition
Federal Motor Carrier Safety promote safety of operation.’’ (49 U.S.C. before each trip, and reporting to their
Administration 31502(b)). employers any defects or deficiencies
This final rule amends the Federal observed by, or reported to, the driver
49 CFR Parts 390, 392 and 393 Motor Carrier Safety Regulations during the work day. By ensuring
(FMCSRs) to remove obsolete and commercial motor vehicles are in safe
[Docket No. FMCSA–1997–2364]
redundant regulations; respond to and proper working order, it is less
RIN 2126–AA61 several petitions for rulemaking; likely that the mechanical condition of
provide improved definitions of vehicle the vehicle would cause a crash or
Parts and Accessories Necessary for types, systems, and components; resolve breakdown. Therefore, drivers’
Safe Operation; General Amendments inconsistencies between part 393 and responsibilities for the operation of their
AGENCY: Federal Motor Carrier Safety the National Highway Traffic Safety commercial motor vehicles do not, if
Administration (FMCSA), DOT. Administration’s Federal Motor Vehicle fulfilled in accordance with the
ACTION: Final rule.
Safety Standards (49 CFR part 571); and regulations, impair their ability to
codify certain FMCSA regulatory operate vehicles safely.
SUMMARY: FMCSA amends part 393 of guidance concerning the requirements Finally, the rulemaking would ensure
the Federal Motor Carrier Safety of part 393. Generally, the amendments the operation of CMVs does not have a
Regulations (FMCSRs), Parts and do not involve the establishment of new deleterious effect on the physical
Accessories Necessary for Safe or more stringent requirements, but a condition of the operators of vehicles by
Operation. The amendments are clarification of existing requirements. requiring vehicle components and
intended to remove obsolete and This action is intended to make many systems meet specific performance
redundant regulations; respond to sections more concise, easier to requirements. Compliance with these
several petitions for rulemaking; understand and more performance requirements would help to ensure that
provide improved definitions of vehicle oriented. The adoption and enforcement the mechanical condition of the vehicle
types, systems, and components; resolve of such rules is specifically authorized is not likely to cause a crash or
inconsistencies between part 393 and by the Motor Carrier Act of 1935. This breakdown.
the National Highway Traffic Safety final rule rests squarely on that Therefore, FMCSA considers the
Administration’s Federal Motor Vehicle authority. requirements of 49 U.S.C. 31136 (a)(1),
Safety Standards (49 CFR part 571); and The Motor Carrier Safety Act of 1984 (2) and (4) to be applicable to this
codify certain FMCSA regulatory provides concurrent authority to rulemaking action. The rulemaking
guidance concerning the requirements regulate drivers, motor carriers, and would amend regulations concerning
of part 393. Generally, the amendments vehicle equipment. It requires the commercial vehicle equipment,
do not involve the establishment of new Secretary to ‘‘prescribe regulations on prescribe regulations applicable to the
or more stringent requirements, but a commercial motor vehicle safety.’’ The responsibilities frequently imposed
clarification of existing requirements. regulations shall prescribe minimum upon drivers to ensure their ability to
This action is intended to make many safety standards for commercial motor operate safely is not impaired, and help
sections more concise, easier to vehicles. At a minimum, the regulations to prevent serious injuries to CMV
understand and more performance shall ensure that: (1) Commercial motor drivers that could result from
oriented. vehicles are maintained, equipped, improperly secured loads.
loaded, and operated safely; (2) the With regard to 49 U.S.C. 31136(a)(3),
DATES: The rule is effective September responsibilities imposed on operators of FMCSA does not believe this provision
14, 2005. The publications incorporated commercial motor vehicles do not concerning the physical condition of
by reference in this final rule are impair their ability to operate the drivers is applicable to this rulemaking
approved by the Director of the Office vehicles safely; (3) the physical because this rulemaking does not
of the Federal Register as of September condition of operators of commercial concern the establishment of driver
14, 2005. motor vehicles is adequate to enable qualifications standards. This final rule
FOR FURTHER INFORMATION CONTACT: Mr. them to operate vehicles safely; and (4) addresses safety requirements
Jeffrey J. Van Ness, Vehicle and the operation of commercial motor applicable to commercial motor vehicle
Roadside Operations Division, Federal vehicles does not have a deleterious parts and accessories necessary for safe
Motor Carrier Safety Administration, effect on the physical condition of the operation and does not include issues
202–366–0676, 400 Seventh Street, SW., operators’ (49 U.S.C. 31136(a)). related to the physical qualifications or
Washington, DC 20590. This final rule concerns parts and physical capabilities of drivers who
SUPPLEMENTARY INFORMATION: accessories necessary for the safe must operate such vehicles.
operation of commercial motor vehicles. However, before prescribing any such
Legal Basis for the Relemaking It is based primarily on section regulations, FMCSA must consider the
This rulemaking is based on the 31136(a)(1) and (2), and secondarily on ‘‘costs and benefits’’ of any proposal (49
authority of the Motor Carrier Act of section 31136(a)(4). This rulemaking U.S.C. 31136(c)(2)(A)).
1935 and the Motor Carrier Safety Act would ensure CMVs are maintained, This final rule requires commercial
of 1984 (49 U.S.C. 31131 et seq.). equipped, loaded, and operated safely motor vehicles to be maintained,
The Motor Carrier Act of 1935, as by requiring certain vehicle equipped and operated safely. It
amended, provides that ‘‘[t]he Secretary components, systems and equipment to removes obsolete and redundant
of Transportation (Secretary) may meet minimum standards such that the regulations; responds to several
prescribe requirements for: (1) mechanical condition of the vehicle is petitions for rulemaking; provides
Qualifications and maximum hours-of- not likely to cause a crash or improved definitions of vehicle types,
service of employees of, and safety of breakdown. systems, and components; resolves
operation and equipment of, a motor The final rule provides improved inconsistencies between part 393 and
carrier; and (2) qualifications and guidance concerning parts and the National Highway Traffic Safety
maximum hours-of-service of employees accessories to CMV drivers who are Administration’s Federal Motor Vehicle

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Federal Register / Vol. 70, No. 156 / Monday, August 15, 2005 / Rules and Regulations 48009

Safety Standards (49 CFR part 571); and Publication of Final Rule on § 393.60, On October 30, 1998, three brake
codifies certain FMCSA regulatory Glazing in Specified Openings manufacturers, Elf Atochem North
guidance concerning the requirements On January 9, 1998, FHWA revised its America, Inc., Mark IV Industrial/Dayco
of part 393. The fundamental purpose of requirements concerning glazing Eastman, and Parker Hannifin
49 CFR part 393 Parts and Accessories materials, windshield condition, Corporation 1 filed a joint petition for
Necessary for Safe Operation is to coloring and tinting of windshields and rulemaking with NHTSA. The
ensure that no employer shall operate a windows, and obstruction to the driver’s petitioners requested that certain
commercial motor vehicle or cause or field of view for commercial motor requirements relating to brake hoses,
permit it to be operated, unless it is vehicles operated in interstate brake hose tubing, and brake hose end
equipped in accordance with the commerce (63 FR 1383). The revision fittings that are administered by FHWA
requirements and specifications of this be incorporated into FMVSS No. 106 (49
was intended to remove obsolete
part. However, nothing contained in CFR 571.106). Specifically, the
regulatory language, establish
part 393 shall be construed to prohibit petitioners requested incorporation of
requirements that were more
the use of additional equipment and the requirements of 49 CFR 393.45
performance-based than the previous
accessories, not inconsistent with or (Brake tubing and hose, adequacy) and
rules, and respond to requests for
prohibited by part 393, provided such 49 CFR 393.46 (Brake tubing and hose
waivers to allow the use of windshield-
equipment and accessories do not connections) into FMVSS No. 106. On
mounted transponders. The agency had
decrease the safety of operation of the May 15, 2003, NHTSA published an
proposed revising § 393.60 as part of the
motor vehicles on which they are used. NPRM proposing amendments to
April 14, 1997, NPRM. Upon review of
Compliance with the rules concerning FMVSS No. 106 (68 FR 26384). On
the docket comments and requests for December 20, 2004 NHTSA published
parts and accessories is necessary to waivers, the agency decided to issue a
ensure vehicles are equipped with the its final rule amending FMVSS No. 106
final rule on glazing materials, (69 FR 76298).
specified safety devices and equipment. windshields and windows and to In consideration of NHTSA’s revision
Background publish, at a later date, a final rule on of FMVSS No. 106, FMCSA believes the
the remaining issues covered in the issues raised by commenters responding
On April 7, 1997, the Federal NPRM. to the proposed revisions to 49 CFR
Highway Administration (FHWA) Public Meeting About the Proposed 393.45 and 393.46 have been resolved
published a notice of proposed Changes to the Brake Hose Regulations through NHTSA’s rulemaking.
rulemaking (NPRM) to amend part 393
(62 FR 18170). FHWA received On March 24, 1998, FHWA held a Discussion of Comments Received in
numerous petitions for rulemaking and public meeting to discuss requirements Response to the April 14, 1997, NPRM
requests for interpretation of the for brake hoses used on commercial The agency received 36 comments in
requirements of part 393 which raised motor vehicles. An announcement of response to the NPRM. The commenters
the need for amendments to clarify the meeting was published in the were: Air Ride Control, Inc.; Amerex
several provisions of the safety Federal Register on February 20, 1998 Corporation; the American Trucking
regulations. In addition, the National (63 FR 8606). Several brake hose Associations (ATA) (two submissions to
Highway Traffic Safety Administration manufacturers submitted comments in the docket); Burns Consulting
(NHTSA), the Federal agency response to the 1997 notice of proposed Associates; Colorado Department of
responsible for establishing safety rulemaking expressing opposition to the Public Safety; Commercial Vehicle
standards for the manufacture of motor proposed changes to §§ 393.45 and Safety Alliance (CVSA) (two
vehicles and certain motor vehicle 393.46. They believe the proposed submissions to the docket); Robert J.
removal of references to the Society of Crail, a transportation engineering
equipment, made several amendments
Automotive Engineers’ (SAE) standards consultant; W. E. Currie, a consulting
to its Federal Motor Vehicle Safety
would have an adverse impact on safety. engineer; Dana Corporation, Boston
Standards (FMVSSs) that necessitate
Some of the brake hose manufacturers Weatherhead Division; Electronic
amendments to the FMCSRs in order to
contacted members of Congress to voice Controls Company; Elf Atochem North
eliminate inconsistencies between part
their concerns. As a result, the agency America, Inc.; Georgia Public Service
393 and the FMVSSs. Comments were
received numerous calls from Commission; Grote Industries, Inc.; Hüls
requested by June 13, 1997.
congressional staff and letters from America, Inc.; Lufkin Trailers; Mark IV
Extension of Comment Period members of the House and Senate. Industrial—Dayco Eastman; The
At the request of congressional staff, Commonwealth of Massachusetts,
On June 12, 1997, FHWA published a FHWA met with representatives from Department of Public Utilities; National
notice in the Federal Register to extend several congressional offices on October Association of State Fire Marshals;
the comment period until July 28, 1997 24, 1997, to explain the proposed National Association of Trailer
(69 FR 32066). The extension was in rulemaking and the roles of the FHWA Manufacturers; National Automobile
response to a request from the Motor and the NHTSA. During this meeting Dealers Association; National
Equipment Manufacturers Association FHWA offered to hold a public meeting Automobile Transporters Association;
(MEMA) (62 FR 32066). MEMA concerning brake hoses. The meeting National Propane Gas Association;
requested the extension in order to was intended to initiate dialogue Oklahoma Highway Patrol; Parker
develop what it described as between FHWA, NHTSA, manufacturers Hannifin Corporation (two submissions
‘‘meaningful and responsive comments’’ of brake hoses, brake hose assemblies, to the docket); Rockwell International
to the proposed revisions of § 393.25, and brake hose end fittings for use on Corporation (the automotive division of
Requirements for lamps other than head commercial motor vehicles, and
lamps, § 393.45, Brake tubing and hose interested parties concerning the 1 Since the petition was filed with NHTSA, Mark

adequacy, and § 393.46, Brake tubing adequacy of Federal requirements for IV Industrial/Dayco Eastman has been acquired by
Parker Hannifin Corporation. Elf Atochem North
and hose connections. A copy of the brake hoses and related components. America, Inc. was integrated into Atofina Chemical,
MEMA request is included in the Copies of presentations made by the Inc. The successor petitioning companies are
docket. participants are included in the docket. referred to as Parker/Atofina.

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Rockwell is now Meritor Automotive); Amendments to 49 CFR Parts 390, 392 not provide sufficient guidance in
Star Headlight and Lantern Company, and 393: Section-by-Section Discussion identifying the specific types of vehicle
Inc.; Transportation Safety Equipment of the Amendments operations covered. Therefore, FMCSA
Institute; Truck Manufacturers revises the definition of driveaway-
Part 390, Subpart A—General
Association; Truck Trailer towaway operation to limit the use of
Applicability and Definitions the various exceptions to situations in
Manufacturers Association; UBE
Industries (America), Inc.; Donald H. Section 390.5—Definition of Driveaway- which motor vehicles are being
Verhoff; and, Wells Cargo, Inc. Towaway Operation transported: (1) Between vehicle
Parts 393 and 396 of the FMCSRs manufacturer’s facilities, (2) between a
Of the comments received, 10 focused vehicle manufacturer and a dealership
on the issue of the agency’s proposal to include several exceptions for
driveaway-towaway operations. or a purchaser, (3) between a dealership,
remove references to certain SAE brake or other entity selling or leasing the
hose standards and recommended Currently, a driveaway-towaway
vehicle, and a purchaser or lessee, (4) to
practices. Because this issue is being operation is defined as one in which a
a motor carrier’s terminal or repair
motor vehicle constitutes the
addressed through a separate facility for the repair of disabling
commodity being transported and one
rulemaking by NHTSA, FMCSA will not damage (as defined in § 390.5) following
or more set of wheels of the vehicle
provide a discussion of brake hose a crash, (5) to a motor carrier’s terminal
being transported are on the surface of
manufacturing standards. or repair facility for repairs associated
the roadway during transportation. The
With regard to the remaining with the failure of a vehicle component
driveaway-towaway exceptions are
or system, or (6) by means of a saddle-
comments, the majority of the intended to address situations in which
mount or tow-bar. In addition, the
commenters supported the proposed compliance with some of the vehicle
driveaway-towaway exceptions are
amendments. Several, however, regulations is not practicable because of applicable only in those cases where the
suggested minor enhancements or the circumstances surrounding the motor vehicles are not transporting
modifications to the specific wording delivery or transportation of the vehicle. cargo or passengers. The revision is
proposed by the agency, or changes in Examples of driveaway-towaway intended to reduce confusion and it is
terminology. For example, a operations include the delivery of a responsive to commenters who
transportation engineering consultant newly manufactured commercial motor requested that the definition include
suggested we use ‘‘upper beam’’ and vehicle from a manufacturer to a movements of vehicles between
‘‘lower beam’’ when describing dealership, the delivery of a new or manufacturers’ facilities, and the towing
headlight terminology. Along similar used motor vehicle from the dealership of vehicles after a breakdown.
lines, AMERIX Corporation, a fire to the purchaser, or certain movements
of vehicles to a repair or maintenance Part 392, Subpart D—Use of Lighted
extinguisher manufacturer, advised us Lamps and Reflectors
facility. Among the provisions of parts
that the type 4B:C extinguisher
393 and 396 which do not apply to Section 392.33—Obscured Lamps or
referenced in the proposed amendments
driveaway-towaway operations are the Reflector
to § 393.95 is no longer manufactured.
requirements for lamps and reflectors,
The National Association of State Fire brakes, driver vehicle inspection FMCSA amends § 392.33 to include
Marshals (NASFM) argued that this reports, maintenance records, and an exception for the obstruction of
rulemaking does nothing to address periodic inspection. trailer conspicuity treatments on the
their 1995 petition to amend the The concept of providing exceptions front end protection device. The
FMCSRs to require fire extinguishers on for such operations dates back to the NHTSA requires trailer manufacturers
former Interstate Commerce to apply retroreflective sheeting to the
all lightweight vehicles (under 10,000
Commission’s (ICC) May 27, 1939, front end protection devices or
pounds gross vehicle weight rating
Order under Ex-Parte No. MC–2 (14 headerboards of trailers manufactured
(GVWR)), operated in interstate on or after December 1, 1993 (49 CFR
commerce. A copy of the petition was M.C.C. 669, at 679). A driveaway-
towaway operation was originally 571.108, S5.7.1.4, entitled location).
attached. The Agency previously Because the headerboard is located at
explained to NASFM that generally, the defined by the ICC as ‘‘any operation in
which a single motor vehicle or the front of flatbed trailers, the cargo
FMCSRs are not applicable to may, depending upon its height,
lightweight vehicles and that the combination of motor vehicles, new or
used, constitutes the commodity being obstruct the conspicuity material
reference to lightweight vehicles under located on the headerboard. FMCSA
transported and in which the motive
49 CFR 393.95 was an error. The term recognizes that this temporary
power of any such motor vehicles is
was supposed to have been removed obstruction of the reflective material
utilized.’’ In 1952, the ICC revised the
when the agency incorporated the definition to read ‘‘any operation in cannot be avoided in many cases and
statutory definition of CMV from the which any motor vehicle or motor does not believe that it is appropriate to
Motor Carrier Act of 1984. Fire vehicles, new or used, constitute the penalize motor carriers if this occurs.
extinguishers are required on all power commodity being transported, when one Part 393, Subpart A—General
units subject to the FMCSRs, including or more set of wheels of any such motor
vehicles designed or used to transport 9 vehicle or motor vehicles are on the Section 393.1—Scope of the Rules of
to 15 passengers (including the driver), roadway during the course of This Part
for direct compensation, if the vehicle is transportation; whether or not any such FMCSA is revising § 393.1 to clarify
driven more than 75 air miles beyond motor vehicle furnishes the motive the applicability of the requirements of
the driver’s normal work reporting power.’’ (17 FR 4422, 4423, May 15, part 393. Although § 390.3 explains the
location. This rulemaking was never 1952). applicability of the FMCSRs, and
intended to address this issue. The current definition of a driveaway- § 390.5 defines the term ‘‘commercial
towaway operation was published on motor vehicle,’’ many private motor
May 19, 1988 (53 FR 18052). FMCSA carriers of property and private motor
continues to believe the definition does carriers of passengers do not understand

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the applicability of the provisions in are classified as air braked vehicles. In definition (Glossary of Automotive
part 393 when a lightweight vehicle is initially issuing FMVSS No. 121, Terms, SP–750, February 1988).
used to tow a trailer in interstate NHTSA stated that ‘‘it should be noted Although the SAE publication is now
commerce. With the exception of that the term ‘air brake system’ as out-of-print, the Agency continues to
vehicles designed or used to transport 9 defined in the standard applies to the believe the SAE definition provides a
to 15 passengers (including the driver), brake configuration commonly referred better description of the location and
for direct compensation, more than 75 to as ‘air-over-hydraulic,’ in which function of the clearance lamps than the
air miles beyond the driver’s normal failure of either medium can result in current definition in § 393.5.
work reporting location, and vehicles complete loss of braking ability.’’ (36 FR
transporting certain quantities of 3817, February 27, 1971). Because As for the definition of a heater,
hazardous materials, vehicles with a NHTSA has considered air-over- FMCSA is amending the reference to
GVWR below 4,536 kg (10,001 pounds) hydraulic brake systems subject to paragraph (1) [the number ‘‘one’’] of
or designed to transport less than 16 FMVSS No. 121 for more than 20 years, § 177.834 with a reference to paragraph
passengers are not subject to the FMCSA’s adoption of NHTSA’s (l) [the letter ‘‘l’]. The reference to
FMCSRs when operated singly in definitions are not likely to affect the paragraph (1) [the number ‘‘1’’] was a
interstate commerce. However, when a applicability of the brake requirements typographical error.
small vehicle is coupled to a trailer, the under part 393. A definition of a trailer kingpin is
gross combination weight rating The amended definition of a boat being added to cover non-driveaway-
(GCWR) often exceeds 4,536 kg (10,001 trailer is the same as that contained in towaway operations. Currently, the
pounds), making the combination 49 CFR § 571.3. The NHTSA defines definition of a saddle-mount includes a
subject to the FMCSRs. boat trailer as ‘‘a trailer designed with description of a ‘‘king-pin.’’ However,
Part 393 cross-references several cradle-type mountings to transport a
this definition does not appear to be
Federal Motor Vehicle Safety Standards boat and configured to permit launching
appropriate for the trailer kingpin nor is
which distinguish between vehicles of the boat from the rear of the trailer.’’
the definition the same as that in the
above and below 4,536 kg (10,001 FMCSA includes this definition because
pounds) and passenger vehicles § 393.11 includes requirements for SAE’s Truck & Bus Industry Glossary,
designed to transport fewer than 16 lamps and reflectors on boat trailers. SP–732, February 1988. Although the
passengers. This rulemaking includes FMCSA is replacing its definition of SAE publication is now out-of-print,
numerous proposals to clarify the cross- ‘‘emergency brake system’’ with FMCSA continues to believe the SAE’s
references to the FMVSS so that carriers NHTSA’s definition for ‘‘emergency definition will ensure that definitions in
and inspectors can readily locate the brake.’’ This change ensures consistency part 393 are consistent with industry
applicable paragraphs within the between FMCSA’s brake regulations definitions.
FMVSSs. The amendment to § 393.1 is covering motor carriers and NHTSA’s To clarify the applicability of parking
consistent with that goal. regulations covering manufacturers. brake requirements, the agency is
The agency is adopting NHTSA’s amending the definition of a parking
Section 393.5—Definitions FMVSS No. 105 definition of a split brake system in § 393.5 to replace the
FMCSA is amending § 393.5 by service brake system and includes it term ‘‘vehicle’’ with ‘‘motor vehicle,’’
adding definitions of air brake system, under § 393.5 to improve the clarity of
which is defined in § 390.5.
air-over-hydraulic brake subsystem, the hydraulic brake system
auxiliary driving lamp, boat trailer, requirements under subpart C of part The agency is amending the
brake power assist unit, brake power 393. definitions of ‘‘side marker lamp
unit, electric brake system, emergency Definitions of an electric brake system (intermediate)’’ and ‘‘side marker lamp’’
brake, front fog lamp, hydraulic brake and a vacuum brake system are added to include motor vehicles other than
system, intermodal shipping (cargo) to § 393.5 to support other revisions to trailers. Currently, both terms are
containers, multi-piece windshield, the brake system requirements of part defined only in the context of trailers.
split service brake system, tow bar, 393. Because there are no FMVSSs However, side marker lamps are
trailer kingpin, vacuum brake system, which cover electric and vacuum brake required on almost all motor vehicles
and windshield. In addition, the systems, many of the brake and intermediate side marker lamps are
definitions for chassis, clearance lamp, requirements under part 393 are de required on almost all motor vehicles
container chassis, heater, heavy hauler facto manufacturing standards. To better more than 914.4 centimeters (cm) (30
trailer, parking brake system, side identify the applicable requirements, feet) in length. Therefore, FMCSA is
marker lamps (intermediate), and side however, the revisions to subpart C revising the definitions to include
marker lamps are revised. The specifically reference electric and trucks, truck-tractors, and buses and to
definition of bus is being removed from vacuum brakes. These definitions make both definitions consistent with
§ 393.5 in favor of the definition found prevent confusion or misunderstandings the requirements under § 393.11 relating
in § 390.5. on the part of motor carriers and to side marker lamps and FMVSS No.
The definitions of brake systems and enforcement officials. 108, NHTSA’s requirements for lamps
components make the brake With regard to the definition of a and reflective devices.
requirements under subpart C of part chassis, the agency is deleting the
393 easier to understand and enforce. current reference to a ‘‘truck or trailer’’ On November 23, 1990, NHTSA
The definitions of an air brake system in favor of the term ‘‘commercial motor amended its definition of a heavy hauler
and an air-over-hydraulic brake vehicle,’’ which includes trucks, truck trailer to specifically exclude container
subsystem are based upon NHTSA’s tractors, trailers, buses and converter chassis trailers (55 FR 48850). To
July 18, 1995, final rule on FMVSS No. dollies. This is especially necessary maintain consistency between the
121 (60 FR 36741). The NHTSA since the definition of a truck in § 390.5 definitions used by the FMCSA and
amended FMVSS No. 121 to include a explicitly excludes truck tractors. NHTSA, FMCSA is amending its
definition of an air-over-hydraulic brake The definition of a clearance lamp is definition of a heavy hauler trailer to
subsystem and to make it clear that being replaced with one that appeared exclude container chassis trailers as
vehicles equipped with such systems in the Society of Automotive Engineers’ well.

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Subpart B—Lighting Devices, Reflectors, for these older vehicles would not be supplemental notice of rulemaking
and Electrical Equipment affected by the revision. concerning rear impact guards (57 FR 252,
In addition, FMCSA revises § 393.11 January 3, 1992)] is even lower). Therefore,
FMCSA revises the title of subpart B to provide better guidance on the the final rule requires retroreflective material
to read ‘‘Lamps, Reflective Devices, and to be applied to the horizontal device,
requirements for trailers, and to correct
Electrical Wiring.’’ The new title is more instead of the vertical ones. NHTSA believes
several omissions in Table 1 of that that the original conspicuity material should
consistent with the title of FMVSS No. section. The paragraph preceding Table have a long useful life on a large number of
108, entitled ‘‘Lamps, reflective devices, 1 does not present a clear statement of trailers, especially if it is applied to a
and associated equipment.’’ The new the requirements for lamps and recessed surface. However, NHTSA
title would reference electrical wiring reflectors. recognizes that routine damage, as a practical
instead of associated equipment because On December 10, 1992, NHTSA matter, may be unavoidable for some trailers
subpart B includes electrical wiring published a final rule requiring that as a consequence of their particular use.
requirements for several vehicle systems trailers manufactured on or after Therefore, [FMCSA] will consider the
in addition to the lamps required by December 1, 1993, which have an exclusion of conspicuity treatment from the
FMVSS No. 108. rear underride device in any future
overall width of 2,032 mm (80 inches)
rulemaking concerning trailer conspicuity
Section 393.9—Lamps Operable or more and a GVWR of more than 4,536 requirements for vehicles subject to 49 CFR
kg (10,000 pounds), be equipped on the 393 Parts and Accessories Necessary for Safe
FMCSA amends § 393.9 to codify sides and rear with a means for making Operation, and 49 CFR 396 Inspection
regulatory guidance concerning the use them more visible on the road (57 FR [,Repair,] and Maintenance.
of lamps which are not required by 238). Trailers manufactured exclusively The cross-reference to NHTSA’s
§ 393.11 and FMVSS No. 108, and to for use as offices or dwellings are conspicuity requirements includes a
address obstruction of lamps. Section exempt. reference to the specific paragraphs
393.9 requires that lamps be capable of NHTSA’s rule allows trailer
within FMVSS No. 108 concerning the
being operated at all times. FMCSA has manufacturers to install either red and
locations for the conspicuity treatments.
issued regulatory guidance indicating white retroreflective sheeting or reflex
This does not, however, include an
that § 393.9 is only applicable to those reflectors. Manufacturers of
exemption to the requirement that
lamps which are required by the retroreflective sheeting or reflectors are
motor carriers maintain the conspicuity
FMCSRs. Therefore, if a motor carrier required to certify compliance of their
material on the rear underride device.
installs additional lamps which are product with FMVSS No. 108 (49 CFR
In addition to providing explicit
found to be inoperable, for whatever 571.108) whether the product is for use
guidance on trailer conspicuity, FMCSA
reason, the carrier should not be as original or replacement equipment.
Currently, § 393.11 requires that all amends § 393.11 to codify certain
considered in violation of § 393.9. regulatory guidance concerning the use
FMCSA amends § 393.9 to codify this lamps and reflective devices on motor
vehicles placed in operation after March of amber stop lamps, amber tail lamps,
regulatory guidance. and optical combinations which would
7, 1989, meet the requirements of
Section 393.11—Lighting Devices and FMVSS No. 108 in effect on the date of involve the use of amber tail lamps or
Reflectors manufacture. Therefore, trailers amber stop lamps. Motor vehicles are
manufactured on or after December 1, required to be equipped with at least
FMCSA revises the title of § 393.11 to two red stop lamps and two red tail
read ‘‘Lamps and reflective devices’’ to 1993, must have reflective devices of the
type and in the locations specified by lamps. However, some motor carriers
maintain consistency between the title have expressed an interest in using
for subpart B and § 393.11. The FMCSA FMVSS No. 108. To make certain that
all motor carriers operating trailers additional stop lamps and/or tail lamps
is also amending § 393.11 to require that that are amber in color.
commercial motor vehicles subject to the FMCSRs are aware of their
Federal Motor Vehicle Safety
manufactured on or after December 25, responsibility to maintain the
Standard No. 108 does not allow amber
1968, meet the requirements of FMVSS conspicuity treatment, FMCSA is
as an alternate color for a tail lamp. In
No. 108 in effect at the time of adding detailed language under
an August 23, 1990, interpretation to a
manufacture, or any subsequent § 393.11. FMCSA cross-references the
manufacturer of lamps and reflectors,
requirements under FMVSS No. 108. specific paragraphs of FMVSS No. 108
NHTSA stated that ‘‘We have no
Currently, § 393.11 only requires that related to the applicability of NHTSA’s
intention of allowing amber as an
vehicles manufactured on or after March trailer conspicuity standards, the
alternate color for a tail lamp.’’ In a
7, 1989, meet the requirements of required locations for the conspicuity
December 10, 1991, interpretation to
FMVSS No. 108. Vehicles manufactured material, and the certification and
FHWA, NHTSA indicated that a
prior to March 7 may meet either marking requirements.
FMCSA notes that during NHTSA’s combination amber turn signal and tail
FMVSS No. 108 or the requirements of lamp is implicitly prohibited by FMVSS
part 393 in effect on the date of rulemaking, the issue of requiring
conspicuity material on the rear No. 108. NHTSA stated:
manufacture.
underride device generated industry When combined with an amber turn signal
Because NHTSA’s FMVSS No. 108 concerns about the maintainability of lamp, the intensity of an amber tail lamp
became effective on December 25, 1968, the retroreflective sheeting in that might mask the turn signal operation.
manufacturers have been required to location. As stated in the preamble to Because motorists are not used to seeing
meet these requirements since that date. steady burning amber lamps on the rear of
NHTSA’s December 10, 1992, final rule: vehicles, amber taillamps could lead to
FMCSA’s reference to March 7, 1989,
under § 393.11 is therefore Objections were based on the potential for momentary confusion of a driver following
inappropriate. Vehicles manufactured frequent damage that would cause trailers in the trailer when the stop lamps are activated,
use to fail inspections by [FMCSA]. NHTSA thereby impairing the effectiveness of the
between December 25, 1968, and March has observed that the horizontal bar of the stop signal. The presence of simultaneously
7, 1989, were originally manufactured to underride device is less subject to docking burning amber and red taillamps could also
meet FMVSS No. 108, and motor impacts than the vertical bars because it is create some confusion of a following driver
carriers who have maintained lamps below most dock surfaces (and under a approaching the trailer from around a corner
and reflectors in the required locations NHTSA proposal [a reference to the NHTSA’s to its rear. Thus we have concluded that a

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combination amber turn signal and taillamp concerning pole trailers and does not Footnote 15 is revised to incorporate
is implicitly prohibited by Standard No. 108. include reference to the provision in language consistent with certain FMVSS
FMCSA agrees that motorists are not use FMVSS No. 108 (S5.1.1.9) for clearance No. 108 options—covered under
to seeing amber lamps used in lamps on boat trailers. Under FMVSS S5.3.1.1.1, S5.3.1.4, S5.3.1.6—on the
conjunction with red lamps to signal No. 108, a boat trailer with an overall locations for clearance lamps.
that the vehicle is stopping and believes width of 2,032 mm (80 inches) or more
Section 393.17—Lamps and Reflectors,
the FMCSRs should be amended is not required to be equipped with both
Driveaway-Towaway Operations
explicitly to prohibit the use of amber front and rear clearance lamps provided
tail lamps. an amber (to the front) and red (to the FMCSA amends the wording of the
To ensure the prohibition does not rear) clearance lamp is located at or near diagrams which illustrate the
conflict with FMVSS No. 108, FMCSA the midpoint on each side to indicate requirements of § 393.17. The diagrams
reviewed NHTSA requirements. Section the extreme width of the trailer. This incorrectly reference §§ 393.25(e) and
S5.1.3 of FMVSS No. 108 prohibits the provision for clearance lamps on boat 393.26(d); therefore, the sections are
installation of supplementary lighting trailers is covered under a new footnote amended to reference § 393.11, which
equipment that ‘‘impairs the 17. covers the color of exterior lamps and
effectiveness of lighting equipment The listings for reflex reflectors (front reflective devices.
required by this standard.’’ Although side) and side marker lamps (front) are Section 393.19—Requirements for Turn
the determination of impairment is revised to address an inconsistency Signaling Systems
initially that of the vehicle’s between § 393.11 and FMVSS No. 108
manufacturer in certifying that the (S5.1.1.15). Under FMVSS No. 108, a FMCSA revises § 393.19 to make it
vehicle meets all applicable FMVSSs, trailer that is less than 1,829 mm (6 feet) more consistent with FMVSS No. 108
NHTSA may review that determination in length (including the trailer tongue) (S5.5.5). Paragraph S5.5.5 provides a
and, if clearly erroneous, inform the need not be equipped with front side concise standard that vehicle
manufacturer of its views. marker lamps and front side reflex manufacturers must meet. To ensure
Because § 393.11 cross-references reflectors. This exception is covered consistency between FMVSS No. 108
FMVSS No. 108, FMCSA’s regulatory under a new footnote 16. and the FMCSRs, FMCSA adopts the
guidance on the use of amber stop FMCSA removes the last sentence in NHTSA standard.
lamps and tail lamps is generally footnote 4, which requires that the rear Section 393.20—Clearance Lamps to
contingent upon a NHTSA side marker lamps be visible in the Indicate Extreme Width and Height
determination as to whether or not the rearview mirror. This requirement is
lamp impairs the effectiveness of other FMCSA removes § 393.20 because the
impractical and is inconsistent with requirements for the location and color
rear lamps. While certification by the FMVSS No. 108. Section 571.108
vehicle manufacturer and subsequent of clearance lamps are provided in
(S5.1.1.8) incorporates by reference the Table 1 of § 393.11. The exceptions
review by NHTSA address the vehicle Society of Automotive Engineers
manufacturer’s role in the safe operation concerning the mounting of clearance
recommended practice Clearance, Side lamps currently contained in § 393.20 is
of the CMV, a less complicated
Marker, and Identification Lamps, (SAE included under footnote 15 to Table 1.
approach is needed to ensure that the
J592e, July 1972) which provides Illustrations comparable to those
FMCSRs are easy to understand, use,
photometric standards. These standards provided in § 393.20 are already
and enforce.
Explicit guidance is provided to cover visibility angles of 45 degrees left contained in § 393.11.
ensure that once a vehicle manufacturer to 45 degrees right and 10 degrees up to
10 degrees down. In order for the rear Section 393.23—Lighting Devices to be
certifies that a vehicle meets all
side marker lamps to be visible in the Electric
applicable FMVSSs, the motor carrier
does not modify it in a manner rearview mirrors, the left to right angles FMCSA amends § 393.23 to
inconsistent with FMVSS No. 108. would each have to be approximately 85 incorporate terminology which is more
FMCSA is not aware of any vehicle degrees. Because side marker lamps consistent with current industry
manufacturers that use amber stop which meet the minimum standards standards and practices. With the
lamps or tail lamps as standard contained in SAE J592e generally are exception of temporary lamps used on
equipment. Consequently, the not visible in the rearview mirror, the projecting loads, lamps are required to
restriction would: (1) Discourage motor agency amends footnote 4. be powered through the electrical
carriers from asking vehicle FMCSA makes editorial changes to system of the commercial motor vehicle.
manufacturers to install amber tail footnotes 5 through 8 to improve the The title of § 393.23 is revised to read
lamps and/or stop lamps on vehicles as manner in which the requirements are ‘‘Power supply for lamps’’ and the
optional equipment, and (2) prohibit the presented. For instance, in footnote 5, reference to red liquid-burning lanterns
motor carrier from installing or using the change makes it clear that converter is removed as obsolete.
such devices on its commercial motor dollies are only required to have one
stop lamp and one tail lamp. The Section 393.24—Requirements for
vehicles.
With regard to omissions in Table 1 current wording, when combined with Headlamps and Auxiliary Road Lighting
in § 393.11, FMCSA amends footnotes 4 the legend at the end of § 393.11, could Lamps
through 10 to address inconsistencies be construed as requiring two stop FMCSA amends § 393.24 to provide a
with other sections of subpart B to part lamps and two tail lamps. more straightforward presentation of the
393. In addition, the agency is Amendments to footnotes 9 and 10 requirements for the mounting of
correcting the listing for clearance remove the requirements that projecting headlamps and auxiliary lamps, and to
lamps and reflex reflectors and to loads be equipped with lamps and incorporate by reference SAE standards
include metric units in describing the reflectors during daylight hours. There applicable to these lamps. Currently,
location of the required lamps and is no apparent safety benefit for § 393.24 allows auxiliary and fog lamps
reflectors. requiring lamps and reflectors on to be used provided they meet ‘‘the
The current listing for clearance projecting loads during times when appropriate SAE standard for such
lamps omits reference to footnote 8 lamps are not required to be used. lamps.’’ FMCSA incorporates by

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reference SAE standards J581 Auxiliary specified in the SAE standards for towed unit. Because the FMCSRs do not
Upper Beam Lamps, July 2004, and J583 incorporation by reference under allow the towing unit to operate without
Front Fog Lamps, August 2004, for the § 393.25(c). service brakes, and a single valve is
purpose of establishing more specific FMCSA deletes § 393.25(d), entitled required to operate all the brakes on the
performance requirements for such ‘‘Certification and markings,’’ to make combination, the current wording of
lamps. While auxiliary driving lamps the FMCSRs consistent with FMVSS No. § 393.25(f) is inconsistent with § 393.49.
and fog lamps are not required to be 108. With the exception of headlamps The revision to § 393.25(f) includes
used, performance standards are being and beam contributors, FMVSS No. 108 language from FMVSS No. 108, S5.5.4,
specified to ensure that the use of such does not require lamps to be marked. concerning stop lamp operation, to
devices does not decrease safety. Manufacturers are responsible for ensure consistency between the
A new paragraph is being added to ensuring that their products meet the FMCSRs and the FMVSSs.
address marking of headlamps. applicable requirements of FMVSS No.
Paragraph S7.2 of FMVSS No. 108 108, but the lamps do not need to be Section 393.26—Requirements for
requires the lens of each headlamp and marked by the manufacturer to indicate Reflectors
beam contributor manufactured on or that the device meets the standards. In Consistent with the amendments to
after December 1, 1989, to be marked. this case, § 393.25(d) sets in-service § 393.25, FMCSA is revising § 393.26 in
FMCSA amends the FMCSRs to include requirements for lamps which are more its entirety. FMCSA amends § 393.26(a)
this requirement under § 393.24 to stringent than the manufacturing concerning the mounting of reflectors,
ensure that commercial motor vehicles standards set by the NHTSA. The to provide guidelines comparable to
are equipped with original or removal of § 393.25(d) corrects this those for § 393.25(a). Paragraph (b) is
replacement headlamps which meet the inconsistency. revised to include a requirement that
requirements of FMVSS No. 108. FMCSA amends § 393.25(e), entitled reflex reflectors on projecting loads,
Paragraph (d) of § 393.24, Aiming and ‘‘Lighting devices to be steady-burning,’’ vehicles transported in driveaway-
intensity, is being revised to reference and § 393.25(f), entitled ‘‘Stop lamp towaway operations, converter dollies,
FMVSS No. 108, and SAE standards operation,’’ to provide more concise and pole trailers meet SAE J594—Reflex
J581 and J583. One of the SAE standards statements of the requirements of each. Reflectors, December 2003. The SAE
currently referenced in § 393.24(d)— The FMCSA is allowing exceptions for recommended practice is incorporated
Electric Headlamps for Motor the use of amber warning lamps which by reference.
Vehicles—was canceled by the SAE. meet SAE J595, Directional Flashing The current requirement for
The other SAE standard, J579 Sealed Optical Warning Devices for Authorized certification and marking under
Beam Headlamp Units for Motor Emergency, Maintenance, and Service § 393.26(c) is being removed to make the
Vehicles, is not necessary given the Vehicles, January 2005, SAE J845, FMCSRs consistent with FMVSS No.
cross-reference to FMVSS No. 108 and Optical Warning Devices for Authorized 108. FMVSS No. 108 does not require
the incorporation by reference of SAE Emergency, Maintenance, and Service that reflectors be marked by the
J581 and J583. Vehicles, May 1997, or SAE J1318 manufacturer to indicate that the device
Gaseous Discharge Warning Lamp for meets the standards. Paragraph (c)
Section 393.25—Requirements for
Authorized Emergency, Maintenance, would then be used to incorporate
Lamps Other Than Headlamps
and Service Vehicles, May 1998. All of American Society for Testing and
To improve the clarity with which the these SAE recommended practices are Materials (ASTM) D4956–04, Standard
requirements are presented, FMCSA incorporated by reference. Although the Specification for Retroreflective
revises § 393.25 in its entirety. Section notice of proposed rulemaking Sheeting for Traffic Control, as the
393.25(a) provides a concise description preceding this final rule would have minimum standard for reflective tape
of the mounting requirements for lamps. prohibited the use of certain Class 1 used in lieu of reflex reflectors.
Paragraph (b), entitled ‘‘Visibility,’’ warning devices, FMCSA no longer Retroreflective sheeting that conforms to
provides technically sound performance believes such a prohibition is necessary. the ASTM standard would generally
standards for all required lamps. Several commenters indicated amber meet the requirements of FMVSS No.
Currently, § 393.25(b) requires lamps to colored Class 1 warning devices are 108, S5.1.1.4, concerning the use of
be mounted such that they are capable commonly used on certain commercial reflective tape in lieu of reflex reflectors.
of being seen at distances up to 152.4 motor vehicles and there has been no The performance of the reflective
meters (500 feet) under clear adverse impact on safety. Adding these sheeting as installed on the vehicle must
atmospheric conditions during the devices to the list of exceptions prevents meet the visibility requirements under
period when lamps must be used as confusion about the applicability of SAE J594, Reflex Reflectors, December
provided by § 392.30. FMCSA § 393.25(e). 2003.
determined that § 392.30 duplicated FMCSA revises § 393.25(f) to Paragraph (d) is being revised to more
State and local regulations and removed eliminate a regulatory inconsistency clearly state that reflective surfaces or
that requirement on November 23, 1994 between §§ 393.25(f) and 393.49 and to materials other than those required by
(59 FR 60319). Also, FMCSA believes simplify the wording of the § 393.11 may be used in addition to, but
the performance criteria for lamps are requirements. Currently, § 393.25(f) not in lieu of, the required reflective
effectively addressed by § 393.11 which states that stop lamps on a towing devices.
cross-references FMVSS No. 108. Lamps vehicle need not be actuated when
must, at a minimum, meet the service brakes are applied to the towed Sections 393.27, 393.28, 393.29, 393.31,
requirements of FMVSS No. 108 in vehicle(s) only. This provision is 393.32, 393.33—Regulations on
effect on the date of manufacture of the inconsistent with § 393.49, entitled Electrical Wiring
vehicle. FMVSS No. 108 specifies the ‘‘Single valve to operate all brakes.’’ FMCSA incorporates by reference in
minimum and maximum photometric When a combination vehicle includes a § 393.28, SAE J1292—Automobile,
output values for required lamps. trailer that is required to be equipped Truck, Truck-Tractor, Trailer, and Motor
Vehicles not subject to FMVSS No. 108 with brakes, the braking system must be Coach Wiring, October 1981, which
on the date of manufacture are required arranged so that a single valve controls covers basic aspects of performance,
to meet the visibility requirements the brakes on the towing unit and the operating integrity, and service. Section

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393.28 is being renamed ‘‘Wiring vehicles resolves the petitioners’ these older vehicles still in operation is
systems.’’ The guidelines contained in concerns. relatively small, and the brake
J1292 effectively cover the requirements FMCSA includes an exception to the requirements under part 393 to which
currently addressed by § 393.27, Wiring incorporation by reference for jumper these vehicles would continue to be
specifications; § 393.28, Wiring to be cable plugs and receptacles, and circuit subject should ensure safety of
protected; § 393.29, Grounds; § 393.31, protection requirements for trailers. operation.
Overload protective devices; § 393.32, Jumper plugs and receptacles need not
Section 393.41—Parking Brake System
Detachable electrical connections; and conform to SAE J560 Primary and
§ 393.33, Wiring, installation. Among Auxiliary Seven Conductor Electrical The December 7, 1988, final rule on
the specific topics addressed by the SAE Connector for Truck-Trailer Jumper part 393 was intended to make the
standard are insulated cables; conductor Cable, which provides the minimum parking brake requirements of the
termination; conductor splicing; requirements for primary and auxiliary FMCSRs consistent with the parking
conductor grouping; wire assembly jumper cable plugs and receptacles for brake requirements of FMVSS Nos. 105
construction; wire assembly installation the truck-trailer and converter dolly and 121. FMCSA has since determined
and protection; and wiring overload jumper cable systems. TTMA indicated that additional changes are necessary.
protective devices. The SAE standard in its comments most trailers are The current language only covers
for incorporation provides a concise equipped with an SAE J560 receptacle, vehicles with air brakes manufactured
presentation of those aspects of but they may also have a modified on or after March 7, 1990, which are
commercial vehicle electrical systems International Standards Organization subject to FMVSS No. 121. The wording
that should be addressed by the (ISO) 3731 receptacle, while others may implies that all non-air braked vehicles,
FMCSRs. Sections 393.27, 393.29, have a 13-conductor Cole-Hersee irrespective of the date of manufacture,
393.31, 393.32 and 393.33 are being receptacle. FMCSA agrees with TTMA and air braked motor vehicles
removed. and believes safety would not be manufactured prior to that date are not
The incorporation by reference compromised by allowing flexibility. required to be equipped with parking
removes certain design restrictive brakes.
language from § 393.28(a)(5) concerning Subpart C—Brakes Prior to the 1988 amendment,
terminals or splices above the fuel tank. § 393.41 required that every singly
Section 393.40—Required Brake
FHWA received petitions from the Ford driven motor vehicle and every
Systems
Motor Company, Freightliner combination of motor vehicles shall at
Corporation, and the Motor Vehicle FMCSA revises § 393.40 in its entirety all times be equipped with a parking
Manufacturers Association (now the to present more clearly the requirements brake system adequate to hold the
American Motor Vehicle Manufacturers contained therein. Generally, vehicles vehicle or combination on any grade on
Association) requesting an amendment that have been maintained to continue which it is operated under any
to § 393.28(a)(5), which was adopted in compliance which meet the condition of loading on a surface free
the December 7, 1988, final rule (53 FR manufacturing standards applicable at from ice or snow. FMCSA considers the
49380). The petitions are available for the time of the vehicle is built, will not parking brake requirements in effect
review in the docket. Each of the be affected by the revisions. Hydraulic prior to the 1988 amendment to provide
petitions pointed out that use of the braked and air braked vehicles are a more straightforward standard that is
word ‘‘terminal’’ combined with required to meet the requirements of easier for the industry and State officials
‘‘above’’ created ambiguity with respect FMVSS Nos. 105 and 121, respectively, to understand.
to the proximity of electrical wiring to in effect at the time of manufacture. The FMCSA revises § 393.41 to state
the fuel tanks. Electrical terminals service, parking, and emergency brake clearly that every self-propelled
performing various functions, from requirements for vehicles which were commercial motor vehicle (i.e., trucks,
battery terminals (Ford Motor Co.) to not subject to either of the FMVSS brake truck-tractors and buses) and every
relays and switches (Freightliner regulations is provided by references to combination of commercial motor
Corporation), are mounted above the other applicable sections in subpart C vehicles must be equipped with a
fuel tanks. In some instances these and by the requirements currently found parking brake system adequate to hold
switches or relays with terminals are under § 393.40(b)(2) and (c). the vehicle or combination on any grade
mounted 203 mm (8 inches) or more With regard to FMVSS No. 105, on which it is to be parked and under
above the fuel tank or on the frame rail FMCSA notes that between September any condition of loading, on a surface
(in the case of Freightliner and Daimler- 1, 1975, and October 12, 1976, the free from ice or snow. Commercial
Benz power units). In the case of Ford standard was applicable to trucks and motor vehicles which were subject to
power units, the fuel tank is specifically buses. However, from October 12, 1976, the parking brake requirements of
designed for battery installation. to September 1, 1983, it covered only FMVSS Nos. 105 or 121 at the time of
The notice of proposed rulemaking passenger cars and school buses. From manufacture are required to maintain
that preceded the final rule would have 1983 to the present, the standard has the parking brake systems to meet those
prohibited wiring from being adjacent to applied to trucks and buses. For the standards. Motor vehicles which were
any part of the fuel system (52 FR 5892, purposes of § 393.40, FMCSA will use not subject to either of the FMVSS
February 26, 1987). The wording in the September 2, 1983, as the date for parking brake requirements must meet
final rule was less restrictive than the determining which hydraulic-braked the requirements currently found at
proposed language and focused vehicles must be maintained to meet § 393.41(b) and (c).
specifically on terminals and splices. certain requirements under FMVSS No. The revisions to § 393.41 also address
FMCSA agrees with the petitioners, 105. a petition for rulemaking from
however, that § 393.28(a)(5) is still There could be some benefit in International Transquip Industries,
unnecessarily restrictive. FMCSA’s requiring vehicles manufactured Incorporated (ITI) asking FMCSA to
decision to incorporate by reference between September 1975 and October clarify the applicable requirements for
criteria that effectively and safely 1976 to meet the requirements of air-applied, mechanically-held, parking
address the issue of wiring around the FMVSS No. 105 in effect on the date of brakes. The petition is available for
fuel system of commercial motor manufacture. However, the number of review in the docket. The ITI

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manufactures an air brake system which transporting extremely large and heavy equipped with ABS that could be
includes an air-applied, mechanically- loads at low speeds. deactivated. The truck tractor was also
held parking brake. The parking brake As part of the January 27, 1987, final equipped with an automatic front-axle
application is initiated by exhausting air rule on front wheel brakes, FMCSA limiting valve (ALV) and a bobtail
off the supply line. When the control amended the exemption for brakes on proportioning valve (BPV) that could
valve senses the supply line pressure lightweight trailers (52 FR 2801). Prior each be deactivated.
drop, it ports air from either the primary to the amendment, full trailers, semi- The tests included 97 km/hour (60
or secondary reservoirs at a controlled trailers, or pole trailers with a gross mph) straight-lane braking, 48 km/hour
pressure to the brake chambers resulting weight of less than 1,360 kg (3,000 (30 mph) braking in a 152.4 meters (500
in an application of the brakes. The pounds) were not required to have ft) radius curve, and 56 km/hour (35
same supply line pressure signal brakes provided the weight of the trailer mph) straight-lane braking. The 97 km/
activates a synchronizing device which did not exceed 40 percent of the weight hour straight-line braking tests were
engages the mechanical pistons of the towing unit. The 1987 performed on dry concrete (high
immediately after the brakes have been amendment replaced the term ‘‘gross coefficient of friction surface). The
applied. weight’’ with ‘‘GVWR’’ or gross vehicle braking-in-a-curve tests were performed
Section 393.41(b) requires that the weight rating. on wet Jennite (low coefficient of
parking brake be capable of being While the change to GVWR has friction surface). The 56 km/hour
applied at all times by either the driver’s certain benefits in terms of applying the straight-lane braking was performed on
muscular effort, or by spring action, or regulation to situations in which it is wet polished concrete. The tests used
by other energy. In the case of ‘‘other not convenient to weigh the trailer, the ‘‘driver best effort’’ for the cases in
energy,’’ the accumulation of such amendment did not adequately address which the ABS was turned off, and full-
energy must be ‘‘isolated from any concerns about stability and control treadle brake applications with the ABS
common source and used exclusively during braking for trailers that have a turned on.
for the operation of the parking brake.’’ GVWR greater than 1,361 kg (3,000 When the brakes on the converter
This wording has been in effect since pounds), but an actual or gross weight dolly were not connected, stopping
1962 and could be construed as less than 1,361 kg when lightly loaded. distances were increased by 12 to 30
requiring a separate reservoir for air- Under certain circumstances, trailers of percent over those for the bobtail tractor
applied, mechanically-held parking this weight range may be overbraked without the converter dolly. Also, the
brakes. Such a requirement is resulting in wheel lockup or skidding absence of braking on the converter
inconsistent with FMVSS No. 121. when the trailer is lightly loaded. dolly made locking the drive axles of
On August 9, 1979, NHTSA amended FMCSA believes § 393.42 should be the tractor easier which caused the
FMVSS No. 121 to allow the application amended to make reference to the gross combination to jackknife. The absence
of the parking brakes by means of weight. Trailers covered under the of braking on the dolly did, however,
service brake air if: (1) The application current reference to GVWR are covered prevent locking the wheels and
could be made when a failure exists in under the revised exemption provided subsequent swing-out of the dolly.
the service brake system, and (2) the the vehicle is not loaded beyond the When the brakes on the converter
parking brake is held in the applied manufacturer’s weight rating. Trailers dolly were connected and the tractor
position by mechanical means (44 FR with a GVWR in excess of 1,361 kg did not have a BPV system, stopping
46850). Prior to this amendment, an air- (3,000 pounds) would only be covered distances on the two wet surfaces were
applied, mechanically-held parking by the exemption on those occasions 10 to 25 percent shorter than those with
brake was required to be applied by a when the gross weight of the trailer is the bobtail tractor alone. On the dry
separate reservoir. The revision of 1,361 kg (3,000 pounds) or less. The surface the stopping distances were
§ 393.41(b) includes a cross-reference to language would help to provide a slightly longer with the dolly brakes
the parking brake requirements of performance-based criterion that is operational. When the tractor was
FMVSS No. 121, thus eliminating any easier to understand and enforce. equipped with a BPV system and the
inconsistencies. Although the exemption concerning dolly brakes were connected, stopping
For air braked vehicles which were lightweight trailers never specifically distances were longer on all of the test
not subject to FMVSS No. 121 at the addressed converter dollies, the issue of surfaces and in one case by as much as
time of manufacture, § 393.41 would overbraking on unladen converter 60 percent.
continue to allow the use of air-applied, dollies has been the subject of several There were no stopping distance
mechanically-held parking brake requests for interpretation of § 393.42(b). decreases observed for the tests
systems applied by a separate reservoir. Converter dollies are generally designed performed on the dry concrete when the
The motor carrier would have the to carry loads of approximately 9,072 kg converter dolly brakes were connected.
option of modifying the brake system to (20,000 pounds) with a brake system However, the increases were
meet FMVSS No. 121. Air-applied, sized for the fully loaded condition. significantly less than those observed
mechanically-held parking brakes While the GVWR is greater than 1,360 when the converter dolly brakes were
which are designed to operate without kg (3,000 pounds) the unladen weight is disconnected.
a separate reservoir could be used if the usually 1,360 kg or less. When towed While having operable brakes on the
conditions specified in FMVSS No. 121 behind another motor vehicle, the unladen converter dolly decreased
are met. unladen converter dolly is overbraked, stopping distances in certain cases, two
with the application of the service disadvantages were observed. If the
Section 393.42—Brakes Required on All brakes causing wheel lock-up or tractor is equipped with a BPV, hooking
Wheels skidding. up the supply (emergency) line to
The agency is revising § 393.42(b)(3) In 1990, NHTSA’s Vehicle Research release the parking brakes on the dolly
to clarify the exceptions for lightweight and Test Center (VRTC) conducted tests will deactivate the BPV and activate the
trailers and to address brake to evaluate the braking and stability of ALV. This is true even if the control
requirements on housemoving dollies, a bobtail truck tractor towing an (service) line is not hooked up to the
three-axle dollies steered by a co-driver, unladen converter dolly. Both the truck dolly. This practice significantly
and similar dollies and trailers used for tractor and the converter dolly were degrades braking performance,

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increasing both the stopping distance are used to transport houses, the average in § 393.43(a) should not create a
and the chance of a jackknife of the speed is less than 32 km/hour (20 mph). problem for motor carriers.
combination vehicle. The other Also, escort vehicles are generally used FMCSA revises § 393.43(b) to codify
disadvantage is that the converter dolly when the houses are being moved. its interpretation of the number of trailer
can swing out if the wheels lock up. Similarly, specialized trailers and brakes required to apply automatically
Stability and control during braking is dollies used to transport industrial upon breakaway from the towing
an important consideration in furnaces, reactors and other heavy cargo vehicle. On November 17, 1993, the
determining braking requirements for are operated at speeds less than 32 km/ FMCSA published regulatory guidance
commercial motor vehicles. While hour (20 mph) and have escort vehicles. which indicated that all brakes must be
stopping distances for a bobtail tractor FMCSA does not believe that safety is applied upon breakaway (58 FR 60734).
towing an unladen converter dolly compromised by providing an exception This is consistent with the FMCSA’s
could be improved in some situations to the requirement for brakes on all November 23, 1977, interpretation (42
by requiring operable dolly brakes, they wheels, provided the brakes on the FR 60078). Because FMVSS No. 121
could be significantly degraded in towing unit are capable of stopping the does not specify the number of trailer
others. When consideration is given to combination within 12.2 meters (40 feet) brakes that must apply automatically, it
the possibility of the converter dolly from the speed at which the vehicle is is possible that some trailers may be
swinging out as a result of wheel lock being operated or 32 km/hour (20 mph), able to meet those performance
up, the FMCSA believes the FMCSRs whichever is less. requirements without having all the
should be amended to include an The exemption to the requirement for brakes apply upon breakaway. To
exception to the requirement for brakes on all wheels also covers the ensure the enforceability of the
operable brakes on unladen converter steering axles of three-axle dollies breakaway requirements and
dollies. which are steered by a co-driver consistency between § 393.43 and the
Although regulatory guidance (tillerman) at the rear. These dollies are FMVSSs, FMCSA amends the regulation
published by the FMCSA on November often used to transport concrete or steel to specify that all brakes must apply
17, 1993 (58 FR 60734) stated that beams used for bridges or other automatically, but the requirement is
§ 393.42(b)(3) is applicable to unladen structures. The loads are often in excess not applicable to trailers with more than
converter dollies, FMCSA is creating an of 30.5 meters (100 feet) in length. The two axles. Trailers with more than two
exception for converter dollies under front of the load is secured to the power axles typically would not have brakes
§ 393.48, Brakes to be operative. unit with the rear of the load secured to that apply automatically upon
Converter dollies are always equipped the three-axle steerable dolly. A co- breakaway, on each axle.
with brakes. Nevertheless, the air lines driver, seated in the dolly, operates the
for the service brakes are sometimes steering controls to help maneuver the Sections 393.45 and 393.46—Brake
disconnected from the towing vehicle combination vehicle. Although the dolly Tubing and Hose
when the converter dolly is unladen. is equipped with brakes via air lines FMCSA revises § 393.45 to address all
Therefore, an exception to § 393.42 (the from the towing unit, the steering axle aspects of brake tubing and hoses,
requirement that the converter dolly be is typically overbraked making it including connections, and to remove
equipped with brakes) is not necessary. difficult for the co-driver to steer the § 393.46. Currently, § 393.45 requires
FMCSA is addressing the problem by dolly. When the dolly is loaded, the that brake tubing and brake hose be
amending § 393.48 to provide an steering axle weight rarely exceeds designed and constructed in a manner
exception to the requirement that the 3,402 kg (7,500 pounds). that ensures proper, adequate, and
brakes be operable when the converter FMCSA does not believe that an continued functioning of the tubing or
dolly is unladen. exemption to the requirement for hose. The tubing or hose must be long
FMCSA notes that with NHTSA’s steering axle brakes on these vehicles and flexible enough to accommodate
March 10, 1995 (60 FR 13216) final rule would degrade safety. The vehicles without damage all normal motions of
on antilock braking systems (ABS), the transport unusually long loads, often the parts to which they are attached; be
long-term need for this exception for require special permits, and have to suitably secured against chaffing,
unladen converter dollies will diminish. operate at reduced speeds. Therefore, kinking, or other mechanical damage;
An ABS-equipped converter dolly will the agency is exempting the steering and be installed in a manner that
not have the stability and control axles of such vehicles from the ensures proper continued functioning
problems observed with unladen requirement of § 393.42(a) that all and prevents contact with the vehicle’s
converter dollies that are not equipped wheels be equipped with brakes exhaust system. Section 393.45 cross-
with ABS. Therefore, converter dollies provided the combination of vehicles references FMVSS No. 106 as well as
manufactured on or after March 1, 1998, can meet the stopping distance several SAE standards.
the effective date of the NHTSA requirements under § 393.52. FMCSA retains most of the current
requirement for ABS on converter language regarding the installation of
dollies, are not covered by the Section 393.43—Breakaway and the brake hoses and the cross-reference
exception. Emergency Braking to FMVSS No. 106. The current
On the subject of housemoving dollies FMCSA revises § 393.43(a) to include language regarding the design, material,
and similar vehicles designed to better guidance on the performance and construction (§§ 393.45(a) and (b))
transport extremely large and/or heavy requirements for towing vehicle brake is removed because the cross-reference
loads, FMCSA is providing an protection systems. An explicit to FMVSS No. 106 addresses
exemption to the requirement for brakes requirement that the tractor protection manufacturing aspects of brake tubing
on all wheels based on the specialized valve or similar device operate when the and hoses.
circumstances under which these motor air pressure on the towing vehicle is Also, FMCSA eliminates all
vehicles are used on public roads. between 138 kilopascals (kPa) and 310 references to SAE standards on brake
Housemoving dollies are only used on kPa (20 pounds per square inch (psi) hoses, including SAE J844—
public roads when transporting houses. and 45 psi) is added. This criterion has Nonmetallic Air Brake System Tubing.
Semitrailers are used to transport the been used for many years during Based upon its review of NHTSA’s
dollies between jobs. When the dollies roadside inspections and its inclusion December 20, 2004, final rule

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concerning FMVSS No. 106, FMCSA grabbing. The means of attachment and Brake actuator readjustment limits are
believes there is no readily apparent physical characteristics must provide also being specified under § 393.47. The
benefit to incorporating by reference any for safe and reliable stopping of the pushrod travel for clamp and roto-
of the SAE standards. Because brake commercial motor vehicle. To make the chamber type actuators is required to be
hose manufacturers are required to meet requirements of part 393 consistent with less than 80 percent of the rated strokes
all applicable requirements under the periodic inspection requirements listed in SAE J1817—Long Stroke Air
FMVSS No. 106, the SAE references are under appendix G to subchapter B, Brake Actuator Marking, July 2001, or
unnecessary. § 393.47 is amended to require that the 80 percent of the rated stroke marked on
FMCSA removes § 393.45(d) because service brake chambers and spring brake the brake chamber by the chamber
it does not impose any specific chambers on each end of an axle be the manufacturer, or the readjustment limit
requirements on motor carriers. As same size. The effective length of the marked on the brake chamber by the
written, the paragraph serves as a slack adjuster on each end of an axle is chamber manufacturer. The pushrod
suggestion or recommendation on the required to be the same. In addition, travel for Type 16 and 20 long stroke
use of metallic and nonmetallic brake minimum requirements on the thickness clamp type brake actuators (which are
tubing. Also, given the performance- of linings or pads are specified. not covered under SAE J1817 but for
based requirements for brake hose/ With regard to linings and pads, the which there are manufacturers’
tubing installation being adopted criteria differ from appendix G. recommendations) is required to be less
through this final rule, the current Currently, appendix G does not than 51 mm (2 inches), or 80 percent of
language in § 393.45(d) is no longer adequately address the issue of brake the rated stroke marked on the brake
necessary. lining thickness on the steering axles of chamber by the chamber manufacturer,
The changes to § 393.45 address a certain vehicles (typically those with a or the readjustment limit marked on the
petition for rulemaking from Imperial GVWR between 4,536 and 14,969 kg brake chamber by the chamber
Eastman, a brake tubing/hose (10,001 and 33,000 pounds)). This issue manufacturer. For wedge brakes, the
manufacturer. The petition is available was brought to the attention of the movement of the scribe mark on the
for review in the docket. Imperial FMCSA by the American Trucking lining could not exceed 1.6 mm (1⁄16
Eastman believes that certain coiled Associations (ATA). The ATA discussed inch). With regard to brake drums and
nonmetallic air brake tubing which did front brake lining thickness in a petition rotors, the thickness of the drums or
not meet FMVSS No. 106 was for reconsideration of the final rule on rotors must meet the limits established
introduced into the market place as a periodic inspection. The petition is by the brake drum or rotor
direct result of § 393.45. Imperial available for review in the docket. In its manufacturer.
Eastman believes that prior to the petition, the ATA stated:
December 7, 1988, final rule, § 393.45 Section 393.48—Brakes To Be Operative
There are two configurations of brake
was clear and that the 1988 revision has lining used on steering axle brakes: blocks FMCSA revises § 393.48(a) and (b) to
been interpreted by some as not (sometimes called pads) and strips. Block make the requirements easier to
applying the SAE J844 requirements to lining is installed in four segments on the understand. The revisions provide a
nonmetallic air brake tubing. FMCSA two shoes of each front brake. Such lining is more concise presentation of the
believes the cross-reference to FMVSS typically well over 1⁄4 inch thick when new requirements.
No. 106 makes it clear that any brake and the 1⁄4 inch annual inspection criteria is With regard to paragraph (c), the
correct for it. Strip lining, as the name
hose, irrespective of the material from FMCSA explicitly addresses the issue of
implies, consists of a continuous band of
which it is manufactured, that meets the lining installed in two segments, one on each unladen converter dollies and lift axles.
requirements of FMVSS No. 106 would shoe of an individual front brake. Certain Braking on unladen converter dollies is
satisfy § 393.45. types of strip lining are only slightly over 1⁄4 covered extensively in discussion of the
On the subject of brake tubing and inch thick when new. Therefore a 1⁄4 inch changes to § 393.42. Unladen converter
hose connections, the revised wording annual inspection criteria is inappropriate. dollies with a gross weight of 1,361 kg
of § 393.45 requires that all assemblies The roadside inspection guidelines (3,000 lbs) or less would not be required
and end fittings for air, vacuum, or used by Federal and State inspectors to have operable brakes. Brakes on lift
hydraulic braking systems be installed have the following criteria to determine axles would not be required to be
so as to ensure an attachment free of if the linings or pads of the steering axle capable of operation while the lift axle
leaks, constrictions or other conditions of any power unit are worn to the point is raised. However, brakes on lift axles
which would adversely affect the of creating an imminent hazard: must be operable whenever the lift axle
performance of the brake system. Brake Lining with a thickness less than 3⁄16 inch is lowered and the tires contact the
tubing and hose assemblies and end for a shoe with a continuous strip of lining roadway. Therefore, if an enforcement
fittings are required to meet all or 1⁄4 inch for a shoe with two pads for drum official instructs a driver to lower the
applicable requirements under FMVSS brakes or to wear indicator if lining is so lift axle to the ground during an
No. 106, as is currently the case. These marked, or less than 1⁄8 inch for air disc inspection, the driver is required to
requirements, currently covered under brakes, and 1⁄16 inch or less for hydraulic demonstrate that the brakes on that axle
§ 393.46, are covered under § 393.45(e). disc, drum and electric brakes. are operable. The revision would
Because the language for § 393.45 FMCSA believes these guidelines essentially codify regulatory guidance
includes requirements concerning should be added to § 393.47 to help on these issues.
installation, connections and motor carriers identify steering axle In addition, the issue of housemoving
attachments, § 393.46 is removed. brake linings and pads that are dollies, three-axle steerable dollies, and
excessively worn. FMCSA will consider similar motor vehicles used to transport
Section 393.47—Brake Lining a separate rulemaking to amend extremely heavy loads is addressed to
Section 393.47 is revised to cover appendix G to subchapter B, concerning ensure consistency between the
brake chambers, slack adjusters, linings the periodic inspection critieria. To revisions to § 393.42 and § 393.48.
and pads, drums and rotors. Brake address non-steering axle brake lining/
components are required to be pads, FMCSA incorporates into § 393.47 Section 393.50—Reservoirs Required
constructed, installed, and maintained the same criteria currently found in Section 393.50 is revised to provide a
to prevent excessive fading and appendix G. simpler and more concise presentation

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of the reservoir requirements and to passenger cars and school buses. 105 does not require a warning device
cross-reference FMVSS No. 121. Each Consequently, manufacturers of for the air or vacuum portion of these
air braked truck, truck-tractor, and bus hydraulic braked trucks and buses were hydraulic brake systems. FMCSA
manufactured on or after March 1, 1975, not required to equip those vehicles believes the § 393.51(b) cross-reference
would at a minimum be required to with a warning device to indicate to FMVSS No. 105 provides effective
meet FMVSS No. 121, S5.1.2, in effect certain types of brake failure. However, requirements for warning devices on
on the date of manufacture. Trailers under the FMCSRs, motor carriers are hydraulic braked vehicles subject to that
manufactured on or after January 1, responsible for having warning devices standard at the time of manufacture. A
1975, must meet the requirements of on these vehicles. Because FMVSS No. requirement for an additional warning
FMVSS No. 121, S5.2.1, in effect on the 105 was not applicable to these vehicles device for the air or hydraulic portion
date of manufacture. Air braked vehicles at the time of manufacture, the of the brake system of these vehicles is
manufactured prior to these dates, and requirements of § 393.51 are not in not necessary.
vacuum braked vehicles would continue conflict with the NHTSA standard. For air-assisted or vacuum-assisted
to meet the requirements currently FHWA received numerous requests hydraulic braked vehicles which were
found at § 393.50. for interpretation from motor carriers not subject to FMVSS No. 105, FMCSA
FMCSA believes the revision is with vehicles manufactured during this is retaining the current requirements for
necessary to indicate clearly that a period and not equipped with a warning a warning device for the hydraulic
vehicle which is maintained to meet the device. Through regulatory guidance, portion of the brake system and a
reservoir requirements of FMVSS No. FHWA indicated that these vehicles are warning device for the air or vacuum
121 in effect on the date of manufacture required to be equipped with warning portion of the brake system. Section
would meet the requirements under part devices because § 393.51(b)(2)—which 393.51(e) would continue to require that
393. This is particularly important given covers hydraulic braked vehicles to the hydraulic portion of the vehicle
the NHTSA’s January 12, 1995, final which FMVSS No. 105 was not meet the requirements of § 393.51(b)
rule on FMVSS No. 121 (60 FR 2892). applicable at the time of manufacture— and that the air or vacuum portion of
NHTSA amended the reservoir was in effect prior to October 12, 1976, the brake system meet the applicable
requirements to facilitate the and has remained in effect ever since. requirements of paragraphs (c) or (d).
introduction of long-stroke brake Therefore, the agency is codifying the FMCSA notes that commercial motor
chambers. For vehicles manufactured on regulatory guidance concerning warning vehicles equipped with air-over-
or after February 13, 1995, the method devices on these vehicles. hydraulic brake systems are classified as
for calculating the minimum air On the subject of air braked vehicles, air-braked vehicles and, as such, are
reservoir capacity is based on either the FMCSA revises § 393.51(c) to include required to meet the applicable warning
rated volume of the brake chambers or reference to the March 1, 1975, effective device and pressure gauge requirements
the volume of the brake chambers at the date of FMVSS No. 121 for power units. for air braked vehicles.
maximum travel of the brake pistons or The specific paragraphs within FMVSS Finally, FMCSA reinstates one of the
push rods, whichever is less. No. 121 which address the pressure exemptions removed by the December 7,
gauge and warning signal requirements 1988, final rule on part 393. The 1988
Section 393.51—Warning Devices and are included. Vehicles which are not rule revised § 393.51 by removing
Gauges required to meet the requirements of paragraph (g), which contained two
FMCSA revises § 393.51 to provide FMVSS No. 121 must be equipped with exemptions considered obsolete with
better guidance on the applicability of a pressure gauge, visible to a person the adoption of the definition of a
the warning device requirements to seated in the normal driving position, commercial motor vehicle. The
older commercial motor vehicles. which indicates the air pressure (in exemptions covered buses with a
Hydraulic braked vehicles kilopascals (kPa) or pounds per square seating capacity of 10 persons or less
manufactured on or after September 1, inch (psi)) available for braking; and, a (including the driver), and two-axle
1975, the effective date of FMVSS No. warning signal that is audible or visible property-carrying vehicles that were
105, are required to meet the brake to a person in the normal driving either manufactured before July 1, 1973,
system indicator lamp requirements of position and provides a continuous or had a GVWR of 4,536 kg (10,000
FMVSS No. 571.105 (S5.3) applicable to warning to the driver whenever the air pounds) or less.
the vehicle on the date of manufacture. pressure in the service reservoir system From a practical standpoint, all two-
Vehicles manufactured before is at 379 kPa (55 psi) and below, or one- axle property-carrying vehicles with a
September 1, 1975, or to which FMVSS half of the compressor governor cutout GVWR of 4,536 kg or less, and equipped
No. 571.105 was not applicable on the pressure, whichever is less. with air, vacuum, or air-assisted or
date of manufacture, must have a With regard to commercial motor vacuum-assisted hydraulic brake
warning signal which operates before or vehicles with hydraulic brakes applied systems were exempted irrespective of
upon application of the brakes in the or assisted by air or vacuum, FMCSA the date of manufacture. Generally,
event of a hydraulic-type complete revises § 393.51(e) to make it applicable these vehicles are only subject to the
failure of a partial system. The language only to hydraulic braked vehicles which FMCSRs when transporting hazardous
would retain all current requirements were not subject to the FMVSS No. 105 materials in a quantity that requires
but add the effective date for FMVSS at the time of manufacture. The placards on the vehicle or when towing
No. 105 and identify the specific amendment eliminates the another vehicle such that the gross
paragraph within FMVSS No. 105 that inconsistency between the warning combination weight rating exceeds
covers warning devices. device requirements of FMVSS No. 105 4,536 kg (10,000 pounds). Therefore, the
In addition, FMCSA inserts a note and § 393.51(e). Currently, § 393.51(e) exemption for certain two-axle property-
into § 393.51 to address the warning requires a warning device for the carrying vehicles is being reinstated, but
device requirements for hydraulic hydraulic portion of the brake system as is limited to two-axle property-carrying
braked trucks and buses manufactured well as a warning device for the air or vehicles manufactured before July 1,
between October 12, 1976, and vacuum portion of the brake system, 1973.
September 1, 1983. During this period, irrespective of the applicability of Because the group of vehicles covered
FMVSS No. 105 was only applicable to FMVSS No. 105. However, FMVSS No. by the exemption represent a small

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segment of the total population of afforded the same flexibility given to windows. The regulation would more
vehicles that fall under the FMCSA’s manufacturers under FMVSS No. 217. clearly state that laminated safety glass
jurisdiction, and these vehicles have Buses manufactured on or after would, at a minimum, be required to
either reached, or will soon reach the September 1, 1994, and having a GVWR meet Test No. 25, Egress, of the
end of their service life and were of 4,536 kg (10,000 pounds) or less must American National Standards Institute
previously exempted, the reinstatement meet the emergency exit requirements of (ANSI), American National Standard for
will not reduce safety on the highways. FMVSS No. 217 (S5.2.2.3) in effect on Safety Glazing Materials for Glazing
FMCSA is not reinstating the exemption the date of manufacture. Generally, Motor Vehicles and Motor Vehicle
for buses with a seating capacity of 10 these buses would only be subject to the Equipment Operating on Land
persons or less because these vehicles FMCSRs when towing a trailer. If the Highways-Safety Standard, ANSI/SAE
are generally not subject to the FMCSRs. gross combination weight rating Z26.1/1996 (ANSI approved August
(GCWR) for the bus and trailer is greater 1997). FMCSA incorporates the ANSI
Subpart D—Glazing and Window than 4,536 kg, and the combination is document by reference.
Construction operated in interstate commerce, the With regard to push-out windows, the
Sections 393.61, 393.62, 393.63, emergency exit requirements are requirements are revised to adopt
393.92—Window Construction and applicable. An example is a small bus certain provisions of FMVSS No. 217.
Emergency Exits operated by a private motor carrier of Each push-out window is required to be
passengers when towing a trailer. releasable by operating no more than
Section 393.61 is being revised to For buses with a GVWR of more than two mechanisms and allow manual
cover only truck and truck tractor 4,536 kg (10,000 pounds), FMCSA is release of the exit by a single occupant.
window construction. Window requiring that they have emergency exits For mechanisms which require rotary or
construction for buses (or emergency which meet the applicable emergency straight (parallel to the undisturbed exit
exits) is covered under § 393.62. The exit requirements of FMVSS No. 217, surface) motions to operate the exit, the
prohibitions on window obstructions S5.2.2 (the non-school bus amount of force required to release the
currently found at § 393.62 is addressed requirements) or S5.2.3 (the upgraded exit could not exceed 89 Newtons (20
along with the emergency exits school bus requirements) in effect on pounds). For exits which require a
requirements. The provisions of the date of manufacture. The provision straight motion perpendicular to the
§ 393.63 (Windows, markings) and for buses with a GVWR greater than undisturbed exit surface, the amount of
§ 393.92 (Buses, marking emergency 4,536 kg incorporates NHTSA’s final force could not exceed 267 Newtons (60
doors) is covered under the revised rule rules. pounds).
on emergency exits. Sections 393.63 and For buses manufactured on or after FMCSA believes the force
393.92 are removed. September 1, 1973, but before requirements will not present a problem
In § 393.61, FMCSA removes the September 1, 1994, the FMCSA is for motor carriers and that older buses
reference to an ellipse in determining requiring that each bus (including a
with emergency exits which cannot
the minimum area of a truck or truck- school bus used in interstate commerce
meet these basic performance
tractor window. The rectangular for non-school bus operations) with a
requirements should have the
dimensions currently provided appear GVWR of more than 4,536 kg (10,000
emergency exit release mechanisms
to be sufficient. Also, the rectangular pounds) meet the requirements of
replaced. This should not be construed
dimensions provide the most practical FMVSS No. 217, S5.2.2, in effect on the
as an attempt to require that the entire
and enforceable criteria. date of manufacture. Buses with a
emergency exit be replaced, only release
GVWR of 4,536 kg (10,000 pounds) or
As for emergency exits on buses, mechanisms which do not meet the
less must meet the requirements of
FMCSA revises its cross-references to criteria.
FMVSS No. 217, S5.2.2.3, in effect on
FMVSS No. 217 so that motor carriers Lastly, FMCSA codifies its regulatory
the date of manufacture.
and enforcement officials will have Section 393.62 is revised to include a guidance on buses used for the
better guidance on the applicability of paragraph on emergency exit transportation of prisoners. An
NHTSA’s amendments to buses subject identification. Each bus and each school exception to the emergency exit
to the FMCSRs. On November 2, 1992, bus used in interstate commerce for requirements is included for buses used
FMVSS No. 217 was amended to require non-school bus operations, exclusively for the transportation of
that the minimum emergency exit space manufactured on or after September 1, prisoners.
on school buses be based upon the 1973, must meet the applicable Subpart E—Fuel Systems
seating capacity of each bus (57 FR emergency exit identification or
49413). NHTSA’s final rule took effect marking requirements of FMVSS No. Section 393.67—Liquid Fuel Tanks
September 1, 1994. Further, in a 217, S5.5, in effect on the date of FMCSA revises paragraph (a) to
separate notice, NHTSA allowed non- manufacture. Buses (including school indicate that the fuel tank requirements
school buses to meet either the non- buses used in interstate commerce for apply not only to tanks containing or
school bus requirements or the new non-school bus operations) must be supplying fuel for the operation of
upgraded school bus requirements (57 marked ‘‘Emergency Exit’’ or commercial motor vehicles, but
FR 49444, November 2, 1992). NHTSA ‘‘Emergency Door’’ followed by concise includes tanks needed for the operation
issued the final rule on May 9, 1995 (60 operating instructions describing each of auxiliary equipment installed on, or
FR 24562). motion necessary to unlatch or open the used in connection with commercial
FMCSA reviewed the NHTSA exit located within 152 mm (6 inches) motor vehicles. Section 393.65(a), the
rulemakings and determined that the of the release mechanism. requirements for fuel systems, contains
FMCSRs should be amended to address The emergency exit requirements for similar language so FMCSA amends the
the November 2, 1992, and May 9, 1995, buses manufactured before September 1, applicability statement of § 393.67 to be
final rules. FMCSA is allowing the 1973, is revised to provide requirements consistent with § 393.65.
upgraded school bus emergency exit which are easier to understand and Also, FMCSA revises § 393.67(d) and
requirements on buses subject to the enforce. These buses must have either (e) to include the information currently
FMCSRs so that motor carriers are laminated safety glass or push-out presented in a footnote to the section.

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As indicated by the footnote, the fuel towing vehicle. A single safety device, opinion between vehicle manufacturers,
tank tests specified by § 393.67 are a other than a chain or cable, must also motor carriers, and Federal and State
measure of performance only. be attached to the towing vehicle at a enforcement officials as to what
Alternative procedures which assure point on its longitudinal centerline. constitutes compliance. The amended
that the fuel tank meets the performance Western Trailers petitioned FHWA to rule allows the attachment point to be
criteria may be used. However, this amend § 393.70(d)(8) to allow safety offset no more than a specified distance
footnote is often overlooked. Including devices to be attached as close as from the longitudinal centerline and
the text of the footnote in paragraphs (d) practicable to the longitudinal provides flexibility without adversely
and (e) would help to prevent further centerline of the towing vehicle. The affecting the tracking of the towed unit
confusion. petition is available for review in the in the event of a pintle hook failure.
In addition, FMCSA corrects an error docket. The petitioner argued that FMCSA notes that the safety device is
in § 393.67(f)(2). Currently, each liquid because the pintle hook is mounted on only intended to keep the combination
fuel tank manufactured on or after July the longitudinal centerline of the towing of vehicles together if the pintle hook or
1, 1988, must be marked with the vehicle, there is no practical centerline other coupling device fails, and then
manufacturer’s name. The July 1, 1988, mounting position for the safety chain/ only for a brief period until the driver
date is incorrect. This date precedes the cable attachment except upon or above brings the vehicle to a safe stop.
publication of the December 7, 1988, the pintle hook itself. Therefore, the change will not affect the
final rule that established the July 1, In reviewing the history of the safety of operation of the vehicles.
1988 compliance date. The last number requirements for safety chains from FMCSA is allowing safety chains or
in the year should have been a ‘‘9’’ 1941 through the present, FMCSA notes cables to be attached to the longitudinal
instead of an ‘‘8.’’ FMCSA intended the that a certain amount of flexibility had centerline or within 152 mm (6 inches)
date to read July 1, 1989, approximately been allowed so that chains could be to the right of the longitudinal
120 days after the March 7, 1989, attached as close as ‘‘practicable’’ to the centerline on the towing vehicle. This is
effective date of the December 7, 1988, centerline. Although the current applicable when: (1) Two chains or
final rule on part 393. requirements, adopted on October 11, cables are attached to the same point on
1972 (37 FR 21439), do not appear to the towing vehicle; (2) a bridle or a
Section 393.68—Compressed Natural have created problems for other carriers, single chain or cable is used; or (3) a
Gas Fuel Containers FMCSA agrees that there is a need to single safety device is used. Given the
FMCSA creates a new section to reexamine the requirement and wide variety of vehicle configurations
address requirements for compressed eliminate any unnecessary restrictions. and the condition of loading at the time
natural gas (CNG) fuel containers. To that end, FMCSA believes that of a potential tow-bar or pintle hook
Section 393.68 cross-references the specifying the location for attachment failure, the current design-restrictive
NHTSA’s new requirements for CNG point of the safety devices with such requirement does not appear to ensure
containers, FMVSS No. 304, precision is unnecessarily design- a greater degree of safety than the
Compressed Natural Gas Fuel Container restrictive. revision. Allowing the safety device to
Integrity (September 26, 1994, 59 FR The attachment of the safety devices be no more than 152 mm (6 inches) from
49010). Under FMVSS No. 304, which to a point as close as ‘‘practicable’’ to the longitudinal centerline should
is applicable to all CNG containers the centerline, is needed to ensure that provide additional safety benefits in a
manufactured on or after March 26, the combination of vehicles will few cases without changing the level of
1995, CNG fuel containers must meet a maintain as much stability as possible safety guaranteed by the current
in the event the coupling device fails. centerline requirement in other cases. It
pressure cycling test which evaluates
However, given the size and weight of would also result in a requirement that
the container’s durability, a burst test to
a typical commercial motor vehicle, is more performance-based and less
measure its strength, and a fire test to
there is little technical justification for design-restrictive.
ensure adequate pressure relief
prohibiting attachment of the safety
characteristics. The rule also specifies Section 393.71—Coupling Devices and
devices at a point within a few
labeling requirements. Towing Methods, Driveaway-Towaway
centimeters (or inches) off the
FMCSA has reviewed the NHTSA Operations
centerline. In fact, failure of the
requirements and determined that all
coupling device at its centerline point of Section 393.71(a) currently prohibits
commercial motor vehicles
attachment to the towing vehicle might the use of more than one tow-bar in any
manufactured on or after March 26,
damage the anchor point of the safety combination of vehicles. Section
1995, and equipped with CNG fuel
chains, possibly resulting in complete 393.71(g)(2) indicates that coupling
tanks, should be required to be
separation of the trailer. devices, such as those used for towing
maintained to meet the applicable
In addition, the current language of house trailers and employing ball and
requirements of FMVSS No. 304.
§ 393.70(d)(8) may, under some socket connections, shall be considered
Subpart F—Coupling Devices and circumstances, be inconsistent with as tow-bars. However, the broad
Towing Methods § 393.70(d)(1), which prohibits the classification of ball and socket
attachment of the safety device to the connections as tow-bars is not
Section 393.70—Coupling Devices and
pintle hook or any other device on the consistent with the definitions of the
Towing Methods, Except for Driveaway-
towing vehicle to which a tow-bar is Society of Automotive Engineers. As a
Towaway Operations
attached. result, the use of more than one ball-
Currently § 393.70(d) provides The previous provisions of § 393.70 and-socket connection in a combination
requirements for the attachment of provided a performance-based of vehicles is prohibited. This situation
safety devices in case of tow-bar failure. requirement while ensuring the safety of is being clarified through this final rule.
If two chains or cables are attached to operation of the combination of FMCSA considers the stability and
the same point on the towing vehicle, or vehicles. The language used, however, control of a combination vehicle using
if a bridle or a single chain or cable is may have been difficult to enforce, in multiple ball-and-socket connections no
used, the point of attachment must be that ‘‘practicability’’ is a subjective term. better than that of a combination using
on the longitudinal centerline of the This generally results in differences of multiple tow-bars. Given that the

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48022 Federal Register / Vol. 70, No. 156 / Monday, August 15, 2005 / Rules and Regulations

stability and control would, at best, be the use of regrooved tires which have a The requirements for vehicles
comparable to a towing method which load carrying capacity greater than that manufactured before December 1968
is prohibited, FMCSA is amending of 8.25–20 8 ply-rating tires, but does were originally established by the
§ 393.71(a)(2) to prohibit the use of more not specify the load range rating for former Interstate Commerce Commision
than one tow-bar and/or ball-and-socket these tires. According to the Tire and and were applicable to vehicles
coupling device in any combination. Rim Association’s 2003 Year Book, an manufactured on and after June 30,
Section 393.71(g)(2) is being removed. 8.25–20 bias ply tire has a maximum 1953.
To improve the consistency between load carrying capacity of 2,232 kg (4,920
FMCSA removes the exemption for
Section 393.70 and 393.71, the FMCSA pounds) at 793 kPa (115 psi) cold
the towing vehicle in a driveaway-
amends § 393.71(b) by adding a new inflation pressure. This maximum
capacity applies to tires of load range G. towaway operation because there is no
provision addressing weight
Tires with the load range of E and F justification for allowing a vehicle to be
distribution of towing and towed
vehicles for saddle-mount have maximum load carrying capacities driven without both windshield wipers
combinations. of 1,837 kg (4,050 pounds) and 2,041 kg in proper working order. The change
Sections 393.70(b)(3), 393.71(b)(2) (4,500 pounds), respectively. FMCSA should not result in an increased
and 393.71(c)(3) address the proper will now use 2,232 kg limit under economic burden on the motor carrier
weight distribution and require that the § 393.75. The difference in load carrying industry.
coupling arrangement be such that it capacity between a tire rated load range Section 393.79—Windshield Defrosting
does not unduly interfere with the E and one rated load range G is 395 kg Device
steering, braking, and maneuvering of (870 pounds). In the absence of tire
the combination of vehicles. Section overloading, the difference in the Section 393.79 is revised to cross-
393.70(b)(3) covers the use of fifth amount of front axle loading between an reference FMVSS No. 103. Vehicles
wheels for non-driveaway-towaway axle equipped with load range E tires manufactured on or after December 25,
operations and §§ 393.71(b)(2) and (c)(3) and a front axle equipped with load 1968, are required to meet the
cover full-mounted vehicles in range G tires is 790 kg (1,740 pounds). requirements in effect on the date of
driveaway-towaway operations. Section There is no apparent safety benefit from manufacture. Vehicles manufactured
393.71(b) does not, however, explicitly adopting the more stringent limit of load before December 25, 1968, are required,
require that the arrangement of the range E for regrooved tires. Therefore, at a minimum, to be equipped with a
saddle-mounted vehicles be such that it the use of a regrooved tire with a load means for preventing the accumulation
does not unduly interfere with the carrying capacity equal to or greater of ice, snow, frost, or condensation to
steering, braking and maneuvering of than 2,232 kg (4,920 pounds) is a obstruct the driver’s view through the
the combination of vehicles. The violation of § 393.75(e) if used on the windshield while the vehicle is being
references to undue interference with front wheels of a truck or truck tractor.
FMCSA notes that a radial ply tire of driven.
steering, braking, and maneuvering in
§§ 393.70 and 393.71 suggest that such the same size and load range (i.e., In addition, the exemption for the
requirements are generally intended for 8.25R20) has the same load carrying towing vehicle in a driveaway-towaway
any vehicle configuration covered by capacity, but at 827 kPa (120 psi) cold operation is removed. There is no
these sections. Through regulatory inflation pressure. Because the justification for allowing a vehicle to be
guidance, the agency had indicated that prohibition is based on load carrying driven without a windshield defrosting
saddle-mounted vehicles are to be capacity, FMCSA is replacing the device in proper working order.
arranged such that the gross weight of reference to a specific tire size with the
2,232 kg (4,920 pound) value currently Section 393.82—Speedometer
the vehicles is properly distributed to
prevent the conditions currently listed in the Tire and Rim Association’s Section 393.82 requires that every
covered by §§ 393.70(b)(3), 393.71(b)(2) publication. bus, truck, and truck-tractor be
and 393.71(c)(3). FMCSA is now Section 393.78 Windshield Wipers equipped with a speedometer indicating
codifying this guidance in FMCSA amends § 393.78 to cross- speed in miles per hour. Speedometers
§ 393.71(b)(3). reference FMVSS No. 104. The NHTSA must operate with ‘‘reasonable
FMCSA revises § 393.71(g) to remove requirement has been in effect since accuracy.’’ Appendix A to subchapter B
obsolete language and provide more December 1968. Because vehicle (prior to its removal from the FMCSRs
technically sound guidance on towing manufacturers have been required to on November 23, 1994 (59 FR 60319))
methods. Section 393.71(g)(1) currently meet the requirements since 1968, interpreted as ‘‘reasonable’’ an accuracy
requires the use of a tow-bar or saddle- FMCSA does not believe that motor of plus or minus 8 km/hr (5 mph) at a
mount connection for all vehicles towed carriers who have maintained their speed of 80 km/hr (50 mph). The
in driveaway-towaway operations. This commercial motor vehicles should have interpretation indicated that accuracy
is inappropriate for towing semitrailers any problem complying with the new within these limits is sufficient for a
designed to be coupled to a fifth wheel. rule. As for motor vehicles professional driver to ascertain the true
Through regulatory guidance, the manufactured before December 1968, speed of the vehicle. FMCSA is
agency has allowed the use of a fifth they are required to be equipped with a including this accuracy limit in § 393.82
wheel. The agency codifies this power-driven windshield wiping system to make the requirement easier to
guidance by revising § 393.71(g) to with at least two wiper blades, one on understand. FMCSA is also removing
explicitly allow the use of a fifth wheel. each side of the centerline of the the driveaway-towaway exemption to
Subpart G—Miscellaneous Parts and windshield. Motor vehicles which the speedometer requirements because
Accessories depend upon vacuum to operate the there is no justification for allowing a
windshield wipers must have the wiper vehicle to be driven without a
Section 393.75—Tires system constructed and maintained speedometer in proper working order.
FMCSA amends § 393.75(e) in order such that the performance of the wipers The changes should not result in an
to make the requirements easier to would not be adversely affected by a increased economic burden on the
understand. Section 393.75(e) prohibits change in the intake manifold pressure. motor carrier industry.

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Federal Register / Vol. 70, No. 156 / Monday, August 15, 2005 / Rules and Regulations 48023

Section 393.87—Flags on Projecting version of ANSI S1.4, Specification for for ozone-depleting compounds, but
Loads Sound Level Meters. FMCSA they also address potential impacts on
Section 393.87 is being revised to incorporates by reference the 1983 atmospheric ozone, global warming and
make the requirements consistent with version and removing the footnote to other issues related to human exposure
the American Association of State paragraph (c). Information on the and the environment. FMCSA is
Highway and Transportation Officials’ availability of the ANSI document is therefore requiring that fire
(AASHTO) Guide for Maximum covered under § 393.7. extinguishers comply with the toxicity
Dimensions and Weights of Motor provisions of the SNAP regulations.
Section 393.95—Emergency Equipment
While the other issues (ozone depletion,
Vehicles and for the Operation of on All Power Units
global warming, etc.) are important,
Nondivisible Load Oversize and FMCSA eliminates the reference to there is no practical reason to address
Overweight Vehicles, GSW–3, 1991. The lightweight vehicles in paragraph (a). these issues in § 393.95.
AASHTO publication provides guidance The term became obsolete when the
on the use of warning flags for vehicles agency implemented the requirements Section 393.201—Frames
and loads which exceed legal width or of the Motor Carrier Safety Act of 1984 In its final rule published on
length, or which have a rear overhang in (49 U.S.C. 31131 et. seq.) and limited December 7, 1988 (53 FR 49380), FHWA
excess of the legal limit. The AASHTO the applicability of part 393 to prohibited cracked, loose, sagging or
guidelines call for the use of red or ‘‘commercial motor vehicles’’ as defined broken frames. However, the agency
orange fluorescent warning flags which in that statute (53 FR 18042, May 19, inadvertently failed to include trailer
are at least 457 mm (18 inches) square. 1988). Sections 393.95(a)(2)(i) and frames. FMCSA amends § 393.201 to
Because the AASHTO guide appears to (a)(2)(ii) are being amended to remove remedy this oversight by replacing ‘‘bus,
cover the majority of the cases to which obsolete references to vehicles equipped truck and truck-tractor’’ with the term
the current rule is applicable, and with fire extinguishers prior to July 1, ‘‘commercial motor vehicles’’ in
represents a consensus of State and 1971, and January 1, 1973, respectively. paragraph (a).
industry practices, FMCSA is revising While some of these vehicles are still in FMCSA revises § 393.201(d) to make
§ 393.87 to adopt certain provisions of operation, it is unlikely that the motor the regulation more practical. Paragraph
those guidelines. carriers are still using fire extinguishers (d) was intended to prohibit welding on
Commercial motor vehicles that are more than 30 years old. vehicle frames constructed of certain
transporting loads which extend beyond FMCSA revises § 393.95 to remove the types of steel which is weakened by the
the sides by more than 102 mm (4 specifications for bidirectional warning welding process. However, the current
inches) or more than 1,219 mm (4 feet) triangles manufactured prior to January wording is overly restrictive. To address
beyond the rear must have the 1, 1974. Such triangles are already this issue, paragraph (d) is being revised
extremities of the load marked with red prohibited on any vehicle manufactured to allow welding which is performed in
or orange fluorescent warning flags. on or after January 1, 1974. Therefore, accordance with the vehicle
Each warning flag must be at least 457 only those carriers operating manufacturer’s recommendations.
mm (18 inches) square as opposed to the commercial motor vehicles In addition, FMCSA removes
current requirement of 305 mm (12 manufactured before January 1, 1974, paragraph (f). Paragraph (f) states that
inches) square. and equipped with warning triangles field repairs are allowed. There is no
With regard to the number of flags manufactured before that date, are practical reason for retaining this
and their positions, a single flag at the affected. provision since there was never a
extreme rear is required if the projecting FMCSA revises the requirements on requirement that the motor carrier repair
load is 610 mm (2 feet) wide or less. the mounting of fire extinguishers to its vehicle only at certain locations.
Two warning flags are required if the provide more specific guidance. Fire
projecting load is wider than 610 mm. extinguishers are required to be securely Section 393.207—Suspension Systems
Flags are required to be positioned to mounted to prevent sliding, rolling, or In response to a petition from the
indicate maximum width of loads vertical movement relative to the motor Truck Trailer Manufacturers
which extend beyond the sides and/or vehicle. Currently, § 393.95(a)(1) states Association (TTMA), FMCSA is
rear of the vehicle. only that the extinguisher be securely amending § 393.207 to prohibit any
mounted. device which is capable of dumping air
Section 393.94—Vehicle Interior Noise With regard to extinguishing agents, individually from either of the two axle
Level FMCSA replaces the reference to the suspension systems on a semitrailer
FMCSA simplifies its regulation Underwriters Laboratories’ (UL) equipped with air-suspended ‘‘spread’’
concerning the applicability of the Classification of Comparative Life or ‘‘split’’ tandem axles. TTMA
interior noise levels in commercial Hazard of Gases and Vapors. The UL indicated that the petition was not
motor vehicles. Section 393.94(a) and study was conducted in the 1950’s and intended to prohibit: (1) Devices that
(d) make reference to certain vehicles is considered obsolete information. UL could exhaust air from both axle
manufactured before October 1, 1974, has recommended that the FMCSA systems simultaneously, or (2) lift axles
and grant motor carriers until April 1, consider referencing the Environmental on multi-axle units. The petition is
1975, to comply with the regulation. For Protection Agency’s regulations under available for review in the docket.
vehicles operated wholly within Subpart G of 40 CFR part 82, Protection According to the TTMA, about 30,000
Hawaii, carriers were given until April of Stratospheric Ozone. Subpart G semitrailers are manufactured each year
1, 1976, to comply. Because these implements section 612 of the Clean Air with split tandem axles and air
deadlines have passed, FMCSA is Act (42 U.S.C. 7401 et seq.) by suspensions. These axles are not
deleting the references from § 393.94. In determining safe alternatives to ozone- genuine tandems, but rather two single
addition, FMCSA is updating the depleting compounds. It is usually axles spaced at least 3,048 mm (10 feet)
reference to the American National referred to as the ‘‘Significant New apart, the minimum separation required
Standards Institute (ANSI) Alternatives Policy’’ (SNAP) program. by the bridge formula [23 U.S.C. 127(a)]
specifications for sound level meters. The SNAP regulations take into before each of them can carry the full
Currently, § 393.94 references the 1971 consideration the toxicity of substitutes 9,072 kg (20,000 pounds) allowed by

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48024 Federal Register / Vol. 70, No. 156 / Monday, August 15, 2005 / Rules and Regulations

Federal law. The TTMA estimates that tandem trailer. FMCSA agrees and has policies and procedures. This document
5,000 of these trailers are also equipped revised the language to allow the is not required to be reviewed by the
with valves to depressurize the exhausting of air if the controls are Office of Management and Budget.
suspension system of one of the trailer either located on the trailer, or the Because the rulemaking is focused on
axles, and sometimes of either axle. power unit and trailer combination are improving the clarity of the safety
These valves are installed to not capable of traveling at a speed requirements in general, and improving
compensate for problems created by the greater than 10 miles per hour while the the cross-references between the
split tandem configuration. Normal air is exhausted from the suspension FMCSRs and FMVSSs, the final rule
tandems experience moderate tire system. will not result in costs to the industry.
scrubbing in turns because the trailer A regulatory evaluation has been
pivots around a point that lies between Section 393.209—Steering Wheel
prepared by the Agency and is available
the two axles. Tire scrubbing is more Systems
in the docket.
severe in split tandems because the FMCSA amends § 393.209(b) to
pivot point is much farther from either correct an error in the maximum Regulatory Flexibility Act
axle. Dumping air pressure from the steering wheel lash for 406 mm (16 In compliance with the Regulatory
suspension system of the rear (or less inch) steering wheels and to add Flexibility Act (5 U.S.C. 601–612),
often the leading) trailer axle reduces its steering wheel lash limits for 483 mm FMCSA has considered the effects of
load and allows the trailer to pivot (19 inch) and 533 mm (21 inch) this regulatory action on small entities
around the other axle with less diameter steering wheels. The table and determined that this rule will not
resistance and tire scrubbing. The specifying steering wheel lash limits have a significant impact on a
TTMA’s own tests showed that if each currently allows 114 mm (41⁄2 inches) substantial number of small entities, as
axle in a split tandem is loaded to 8,845 lash for steering wheel diameters of 406 defined by the U.S. Small Business
kg (19,500 pounds) and pressure in the mm (16 inches) or less if the vehicle has Administration’s Office of Size
rear axle is dumped, the resulting a power steering system. This Standards. This final rule makes
weight shift will make the front axle corresponds to an angle of amendments and revisions to parts 390,
3,175 to 5,443 kg (7,000 to 12,000 approximately 32 degrees which is 392, and 393 of the FMCSRs to remove
pounds) heavier than the rear. about 2 degrees more than the steering obsolete and redundant regulations;
Dump valves were originally designed wheel lash limits for power steering respond to several petitions for
to aid maneuvering at 8 km/hour (5 systems using larger diameter steering rulemaking; provide improved
mph) or less, mainly at terminals or wheels. Because there is no apparent definitions of vehicle types, systems,
other loading points. According to the technical basis for having a less and components; resolve
TTMA, however, many drivers now stringent standard for 406 mm (16 inch) inconsistencies between part 393 and
activate them at higher speeds on streets diameter steering wheel systems, NHTSA’s FMVSSs under 49 CFR part
and highways to turn corners more FMCSA is changing the steering wheel 571; and codify certain FMCSA
easily and to reduce tire wear. The lash limit to 108 mm (41⁄4 inches). regulatory guidance concerning the
TTMA also believes that suspension FMCSA adds steering wheel lash requirements of part 393. Generally, the
pressure is sometimes vented limits for 483 mm (19 inch) and 533 mm amendments do not involve the
accidentally because of wiring problems (21 inch) diameter steering wheels establishment of new or more stringent
the moment the tractor hooks up to the because these are relatively common requirements, but a clarification of
trailer. In both cases, the inevitable steering wheel sizes. The limits being existing requirements. This action is
weight shift often produces a load on adopted for these steering wheel intended to make many sections more
the pressurized axle that exceeds the diameters is consistent with the 14
manufacturers’ ratings for that axle and concise, easier to understand and more
degree and 30 degree limits currently performance oriented. Accordingly,
its wheels, tires and brakes. In addition, used for manual and power steering
the loaded axle frequently exceeds the FMCSA has considered the economic
systems respectively. impacts of the rulemaking on small
single-axle weight limit. Section 393.209 is amended to
FMCSA continues to believe the entities and certifies that this rule will
include the term ball-and-socket joints. not have a significant economic impact
petition has merit, and the agency is Some steering system designs include
amending § 393.207 to prohibit controls on a substantial number of small
ball-and-socket joints instead of entities. A regulatory flexibility analysis
of this type. Although § 393.3, which universal joints. While the basic
allows the use of equipment and has been prepared by the Agency and is
function of the two types of joints is available in the docket.
accessories that do not decrease
similar, only universal joints are
operational safety, could be interpreted Unfunded Mandates Reform Act of 1995
covered by § 393.209(d). Defects or
as prohibiting the use of equipment to
unsafe conditions of ball-and-socket This rulemaking will not impose an
disable the air suspension of one axle on
joints are currently implicitly covered unfunded Federal mandate, as defined
a two-axle trailer, addressing this issue
under § 396.3(a)(1). The agency believes by the Unfunded Mandates Reform Act
through rulemaking is the most
that such important items should be of 1995 (2 U.S.C. § 1532 et seq.), that
appropriate course of action.
FMCSA has modified the language explicitly covered whenever possible. will result in the expenditure by State,
included in the 1997 NPRM in response Regulatory Analyses and Notices local, and tribal governments, in the
to comments from the ATA. ATA agreed aggregate, or by the private sector, of
with the proposal, but expressed Executive Order 12866 (Regulatory $120.7 million or more in any 1 year.
concern that motor carriers need the Planning and Review) and DOT
Regulatory Policies and Procedures Executive Order 12988 (Civil Justice
flexibility to exhaust air from the Reform)
suspension during low-speed turns. FMCSA has determined that this
ATA believes this is necessary because action is not a significant regulatory This action will meet applicable
there is significant resistance or tire action within the meaning of Executive standards in sections 3(a) and 3(b)(2) of
scrubbing when drivers make low-speed Order 12866 or within the meaning of Executive Order 12988, Civil Justice
turning maneuvers with a spread Department of Transportation regulatory Reform, to minimize litigation,

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Federal Register / Vol. 70, No. 156 / Monday, August 15, 2005 / Rules and Regulations 48025

eliminate ambiguity, and reduce the agency has prepared a finding of no (3) Between a dealership, or other
burden. significant impact (FONSI). A copy of entity selling or leasing the vehicle, and
the FONSI is included in the docket at a purchaser or lessee;
Executive Order 13045 (Protection of
the beginning of this notice. (4) To a motor carrier’s terminal or
Children)
repair facility for the repair of disabling
FMCSA has analyzed this action Executive Order 13211 (Energy Effects)
damage (as defined in § 390.5) following
under Executive Order 13045, We have analyzed this action under a crash; or
Protection of Children from Executive Order 13211, Actions (5) To a motor carrier’s terminal or
Environmental Health Risks and Safety Concerning Regulations That repair facility for repairs associated with
Risks. This rulemaking will not concern Significantly Affect Energy Supply, the failure of a vehicle component or
an environmental risk to health or safety Distribution or Use. We have system; or
that may disproportionately affect determined that it will not be a (6) By means of a saddle-mount or
children. ‘‘significant energy action’’ under that tow-bar.
order because it will not be * * * * *
Executive Order 12630 (Taking of economically significant and would not
Private Property) be likely to have a significant adverse PART 392—[AMENDED]
This rulemaking will not effect a effect on the supply, distribution, or use
taking of private property or otherwise of energy. ■ 3. The authority citation for part 392
have taking implications under continues to read as follows:
Executive Order 12630, Governmental List of Subjects
Authority: 49 U.S.C. 13902, 31136, 31502;
Actions and Interference with 49 CFR Part 390 and 49 CFR 1.73.
Constitutionally Protected Property Highway safety, Highways and roads, ■ 4. Section 392.33 is revised to read as
Rights. Intermodal transportation, Motor follows:
Executive Order 13132 (Federalism) carriers, Motor vehicle identification,
§ 392.33 Obscured lamps or reflective
Motor vehicle safety, Reporting and devices/material.
This action has been analyzed in
recordkeeping requirements.
accordance with the principles and (a) No commercial motor vehicle shall
criteria contained in Executive Order 49 CFR Part 392 be driven when any of the lamps or
13132. It has been determined that this Highway safety, Highways and roads, reflective devices/material required by
rulemaking will not have a substantial Motor carriers—driving practices, Motor subpart B of part 393 of this title are
direct effect on States, nor will it limit vehicle safety. obscured by the tailboard, or by any part
the policy-making discretion of the of the load or its covering, by dirt, or
States. Nothing in this document will 49 CFR Part 393 other added vehicle or work equipment
preempt any State law or regulation. Highways and roads, Incorporation by or otherwise.
reference, Motor carriers, Motor vehicle (b) Exception. The conspicuity
Executive Order 12372
equipment, Motor vehicle safety. treatments on the front end protection
(Intergovernmental Review)
Issued on: July 13, 2005.
devices of the trailer may be obscured
Catalog of Federal Domestic by part of the load being transported.
Assistance Program Number 20.217, Annette M. Sandberg,
Motor Carrier Safety. The regulations Administrator. PART 393—[AMENDED]
implementing Executive Order 12372 ■ In consideration of the foregoing,
regarding intergovernmental FMCSA amends title 49, Code of Federal ■ 5. The authority citation for part 393
consultation on Federal programs and Regulations, subchapter B, chapter III, as continues to read as follows:
activities do not apply to this program. follows: Authority: 49 U.S.C. 322, 31136, and
31502; Section 1041(b) of Pub. L. 102–240,
Paperwork Reduction Act PART 390—[AMENDED] 105 Stat. 1914, 1993 (1991); and 49 CFR 1.73.
This final rule does not contain a ■ 1. The authority citation for part 390 ■ 6. Section 393.1 is revised to read as
collection of information requirement continues to read as follows: follows:
for the purposes of the Paperwork
Reduction Act of 1995, 44 U.S.C. 3501 Authority: 49 U.S.C. 508, 13301, 13902, § 393.1 Scope of the rules in this part.
31133, 31136, 31502, 31504, and sec. 204, (a) The rules in this part establish
et seq.
Pub. L. 104–88, 109 Stat. 803, 941 (49 U.S.C.
minimum standards for commercial
National Environmental Policy Act 701 note); sec. 114, Pub. L. 103–311, 108 Stat.
1673, 1677; sec. 217, Pub. L. 106–159, 113 motor vehicles as defined in § 390.5 of
We have analyzed this action for Stat. 1748, 1767; and 49 CFR 1.73. this title. Only motor vehicles (as
purposes of the National Environmental ■ 2. Section 390.5 is amended by defined in § 390.5) and combinations of
Policy Act of 1969 (42 U.S.C. 4321 et revising the definition of driveaway- motor vehicles which meet the
seq.) and have determined that this towaway operation to read as follows: definition of a commercial motor
action will not have an effect on the vehicle are subject to the requirements
quality of the environment. However, an § 390.5 Definitions. of this part. All requirements that refer
environmental assessment (EA) is * * * * * to motor vehicles with a GVWR below
required because the rulemaking is not Driveaway-towaway operation means 4,536 kg (10,001 pounds) are applicable
among those covered by a categorical an operation in which an empty or only when the motor vehicle or
exclusion. A copy of the EA is included unladen motor vehicle with one or more combination of motor vehicles meets the
in the docket referenced at the sets of wheels on the surface of the definition of a commercial motor
beginning of this notice. roadway is being transported: vehicle.
In accordance with the National (1) Between vehicle manufacturer’s (b) Every employer and employee
Environmental Policy Act and the facilities; shall comply and be conversant with the
Council of Environmental Quality (2) Between a vehicle manufacturer requirements and specifications of this
Regulations (40 CFR parts 1500–1508), and a dealership or purchaser; part. No employer shall operate a

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48026 Federal Register / Vol. 70, No. 156 / Monday, August 15, 2005 / Rules and Regulations

commercial motor vehicle, or cause or either directly or indirectly through an structure’’ as that term is used in
permit it to be operated, unless it is auxiliary device, with the operator § 393.106 of this title.
equipped in accordance with the action consisting only of modulating the * * * * *
requirements and specifications of this energy application level. Hydraulic brake system. A system that
part. * * * * * uses hydraulic fluid as a medium for
■ 7. Section 393.5 is amended by Chassis. The load-supporting frame of transmitting force from a service brake
removing the definitions of ‘‘bus’’ and a commercial motor vehicle, exclusive control to the service brake, and that
‘‘container chassis’’; and by adding in of any appurtenances which might be may incorporate a brake power assist
alphabetical order definitions for ‘‘air added to accommodate cargo. unit, or a brake power unit.
brake system,’’ ‘‘air-over-hydraulic brake Clearance Lamps. Lamps that provide * * * * *
system,’’ ‘‘auxiliary driving lamp,’’ ‘‘boat light to the front or rear, mounted on the Multi-piece windshield. A windshield
trailer,’’ ‘‘brake power assist unit,’’ permanent structure of the vehicle, such consisting of two or more windshield
‘‘brake power unit,’’ ‘‘container chassis that they indicate the overall width of glazing surface areas.
trailer,’’ ‘‘electric brake system,’’ the vehicle. Parking brake system. A mechanism
‘‘emergency brake,’’ ‘‘front fog lamp,’’ designed to prevent the movement of a
Container chassis trailer. A
‘‘hydraulic brake system,’’ ‘‘multi-piece stationary motor vehicle.
semitrailer of skeleton construction
windshield,’’ ‘‘split service brake * * * * *
limited to a bottom frame, one or more
system,’’ ‘‘tow bar,’’ ‘‘trailer kingpin,’’ Side marker lamp (Intermediate). A
axles, specially built and fitted with
‘‘vacuum brake system,’’ ‘‘windshield’’; lamp mounted on the side, on the
locking devices for the transport of
and by revising the definitions of permanent structure of the motor
intermodal cargo containers, so that
‘‘chassis,’’ ‘‘clearance lamp,’’ ‘‘heater,’’ vehicle that provides light to the side to
when the chassis and container are
‘‘heavy hauler trailer,’’ ‘‘parking brake indicate the approximate middle of the
assembled, the units serve the same
system,’’ ‘‘side marker lamp vehicle, when the motor vehicle is 9.14
function as an over the road trailer.
(intermediate),’’ and ‘‘side marker meters (30 feet) or more in length.
lamps’’ to read as follows: * * * * *
Side Marker Lamps. Lamps mounted
Electric brake system. A system that on the side, on the permanent structure
§ 393.5 Definitions. uses electric current to actuate the of the motor vehicle as near as
* * * * * service brake. practicable to the front and rear of the
Air brake system. A system, including Emergency brake. A mechanism vehicle, that provide light to the side to
an air-over-hydraulic brake subsystem, designed to stop a motor vehicle after a indicate the overall length of the motor
that uses air as a medium for failure of the service brake system. vehicle.
transmitting pressure or force from the * * * * *
driver control to the service brake, but * * * * *
does not include a system that uses Front fog lamp. A lighting device Split service brake system. A brake
compressed air or vacuum only to assist whose beam provides downward system consisting of two or more
the driver in applying muscular force to illumination forward of the vehicle and subsystems actuated by a single control
hydraulic or mechanical components. close to the ground, and is to be used designed so that a leakage-type failure of
Air-over-hydraulic brake subsystem. only under conditions of rain, snow, a pressure component in a single
A subsystem of the air brake system that dust, smoke or fog. A pair of fog lamps subsystem (except structural failure of a
uses compressed air to transmit a force may be used alone, with parking, tail, housing that is common to two or more
from the driver control to a hydraulic side, marker, clearance and subsystems) shall not impair the
brake system to actuate the service identification lamps, or with a lower operation of any other subsystem.
brakes. beam headlamp at the driver’s * * * * *
discretion in accordance with state and Tow bar. A strut or column-like
* * * * * local use law.
Auxiliary driving lamp. A lighting device temporarily attached between the
device mounted to provide illumination * * * * * rear of a towing vehicle and the front of
forward of the vehicle which Heater. Any device or assembly of the vehicle being towed.
supplements the upper beam of a devices or appliances used to heat the * * * * *
standard headlighting system. It is not interior of any motor vehicle. This Trailer kingpin. A pin (with a flange
intended for use alone or with the lower includes a catalytic heater which must on its lower end) which extends
beam of a standard headlamp system. meet the requirements of § 177.834(l)(2) vertically from the front of the
* * * * * of this title when Class 3 (flammable underside of a semitrailer and which
Boat trailer. A trailer designed with liquid) or Division 2.1 (flammable gas) locks into a fifth wheel.
cradle-type mountings to transport a is transported. * * * * *
boat and configured to permit launching Heavy hauler trailer. A trailer which Vacuum brake system. A system that
of the boat from the rear of the trailer. has one or more of the following uses a vacuum and atmospheric
* * * * * characteristics, but which is not a pressure for transmitting a force from
Brake power assist unit. A device container chassis trailer: the driver control to the service brake,
installed in a hydraulic brake system (1) Its brake lines are designed to not including a system that uses
that reduces the operator effort required adapt to separation or extension of the vacuum only to assist the driver in
to actuate the system, but which if vehicle frame; or applying muscular force to hydraulic or
inoperative does not prevent the (2) Its body consists only of a platform mechanical components.
operator from braking the vehicle by a whose primary cargo-carrying surface is * * * * *
continued application of muscular force not more than 1,016 mm (40 inches) Windshield. The principal forward
on the service brake control. above the ground in an unloaded facing glazed surface provided for
Brake power unit. A device installed condition, except that it may include forward vision in operating a motor
in a brake system that provides the sides that are designed to be easily vehicle.
energy required to actuate the brakes, removable and a permanent ‘‘front-end * * * * *

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■ 8. Section 393.7 is amended by Control, American Society of Testing ■ 11. Section 393.11 is revised to read as
redesignating paragraphs (b)(1) through and Materials, ASTM D 4956–04, 2004, follows:
(b)(6) as (b)(17) through (b)(23), adding incorporation by reference approved for
§ 393.11 Lamps and reflective devices.
new paragraphs (b)(1) through (b)(16), § 393.26(c).
revising newly redesignated (b)(17) and (14) Automobile, Truck, Truck- (a)(1) Lamps and reflex reflectors.
adding paragraphs (c)(7) and (c)(8) to Tractor, Trailer, and Motor Coach Table 1 specifies the requirements for
read as follows: Wiring, SAE J1292, October 1981, lamps, reflective devices and associated
incorporated by reference approved for equipment by the type of commercial
§ 393.7 Matters incorporated by reference.
§ 393.28. motor vehicle. The diagrams in this
* * * * * (15) Long Stroke Air Brake Actuator section illustrate the position of the
(b)(1) Auxiliary Upper Beam Lamps, Marking, SAE J1817, July 2001, lamps, reflective devices and associated
Society of Automotive Engineers (SAE) incorporation by reference approved for equipment specified in Table 1. All
J581, July 2004, incorporation by § 393.47(e). commercial motor vehicles
reference approved for § 393.24(b). (16) American National Standard for manufactured on or after December 25,
(2) Front Fog Lamp, SAE J583, August Safety Glazing Materials for Glazing 1968, must, at a minimum, meet the
2004, incorporation by reference Motor Vehicles and Motor Vehicle applicable requirements of 49 CFR
approved for § 393.24(b). Equipment Operating on Land 571.108 (FMVSS No. 108) in effect at
(3) Stop Lamps for Use on Motor Highways-Safety Standard, SAE Z26.1– the time of manufacture of the vehicle.
Vehicles Less Than 2032 mm in Overall 1996, August 1997, incorporation by Commercial motor vehicles
Width, SAE J586, March 2000, reference approved for § 393.62(d). manufactured before December 25,
incorporation by reference approved for (17) Specification for Sound Level 1968, must, at a minimum, meet the
§ 393.25(c). Meters, American National Standards requirements of subpart B of part 393 in
(4) Stop Lamps and Front- and Rear- Institute, S1.4–1983, incorporation by effect at the time of manufacture.
Turn Signal Lamps for Use on Motor (2) Exceptions: Pole trailers and trailer
reference approved for § 393.94(c).
Vehicles 2032 mm or more in Overall converter dollies must meet the part 393
Width, SAE J2261, January 2002, * * * * * requirements for lamps, reflective
incorporated by reference approved for (c) Availability. The materials devices and electrical equipment in
§ 393.25 (c). incorporated by reference are available effect at the time of manufacture.
(5) Tail Lamps (Rear Position Lamps) as follows: Trailers which are equipped with
for Use on Motor Vehicles Less Than * * * * * conspicuity material which meets the
2032 mm in Overall Width, SAE J585, (7) Standards of the Society of requirements of § 393.11(b) are not
March 2000, incorporation by reference Automotive Engineers (SAE). required to be equipped with the reflex
approved for § 393.25(c). Information and copies may be obtained reflectors listed in Table 1 if—
(6) Tail Lamps (Rear Position Lamps) by writing to: Society of Automotive (i) The conspicuity material is placed
for Use on Vehicles 2032 mm or More Engineers, Inc., 400 Commonwealth at the locations where reflex reflectors
in Overall Width, SAE J2040, March Drive, Warrendale, Pennsylvania 15096. are required by Table 1; and
2002, incorporation by reference (8) Standards of the American (ii) The conspicuity material when
approved for § 393.25(c). National Standards Institute (ANSI). installed on the motor vehicle meets the
(7) Turn Signal Lamps for Use on Information and copies may be obtained visibility requirements for the reflex
Motor Vehicles Less Than 2032 mm in by writing to: American National reflectors.
Overall Width, SAE J588, March 2000, Standards Institute, 25 West 43rd Street, (b) Conspicuity Systems. Each trailer
incorporation by reference approved for New York, New York 10036. of 2,032 mm (80 inches) or more overall
§ 393.25(c). * * * * * width, and with a GVWR over 4,536 kg
(8) Sidemarker Lamps for Use on (10,000 pounds), manufactured on or
■ 9. The title of subpart B is revised to
Road Vehicles Less Than 2032 mm in after December 1, 1993, except pole
read as follows: trailers and trailers designed exclusively
Overall Width, SAE J592, August 2000,
incorporation by reference approved for Subpart B—Lamps, Reflective Devices, for living or office use, shall be
§ 393.25(c). and Electrical Wiring equipped with either retroreflective
(9) Directional Flashing Optical sheeting that meets the requirements of
Warning Devices for Authorized ■ 10. Section 393.9 is revised to read as FMVSS No. 108 (S5.7.1), reflex
Emergency, Maintenance, and Service follows: reflectors that meet the requirements
Vehicles, SAE J595, January 2005, FMVSS No. 108 (S5.7.2), or a
incorporation by reference approved for § 393.9 Lamps operable, prohibition of combination of retroreflective sheeting
§ 393.25(e). obstructions of lamps and reflectors. and reflex reflectors that meet the
(10) Optical Warning Devices for (a) All lamps required by this subpart requirements of FMVSS No. 108
Authorized Emergency, Maintenance, shall be capable of being operated at all (S5.7.3). The conspicuity system shall
and Service Vehicles, SAE J845, May times. This paragraph shall not be be installed and located as specified in
1997, incorporation by reference construed to require that any auxiliary FMVSS No. 108 [S5.7.1.4 (for
approved for § 393.25(e). or additional lamp be capable of retroreflective sheeting), S5.7.2.2 (for
(11) Gaseous Discharge Warning operating at all times. reflex reflectors), S5.7.3 (for a
Lamp for Authorized Emergency, (b) Lamps and reflective devices/ combination of sheeting and reflectors)]
Maintenance, and Service Vehicles, SAE material required by this subpart must and have certification and markings as
J1318, May 1998, incorporation by not be obscured by the tailboard, or by required by S5.7.1.5 (for retroreflective
reference approved for § 393.25(e). any part of the load, or its covering by tape) and S5.7.2.3 (for reflex reflectors).
(12) Reflex Reflectors, SAE J594, dirt, or other added vehicle or work (c) Prohibition on the use of amber
December 2003, incorporation by equipment, or otherwise. Exception: stop lamps and tail lamps. No
reference approved for § 393.26(c). The conspicuity treatments on the front commercial motor vehicle may be
(13) Standard Specification for end protection devices may be obscured equipped with an amber stop lamp, a
Retroreflective Sheeting for Traffic by part of the load being transported. tail lamp, or other lamp which is

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optically combined with an amber stop identification lamps. No commercial the required identification lamps unless
lamp or tail lamp. motor vehicle may be equipped with those lamps are required by this
(d) Prohibition on the use of auxiliary lamps that are in a horizontal line with regulation.
lamps that supplement the

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


Height above the
road surface in
millimeters (mm)
(with English units Vehicles for which the de-
Item on the vehicle Quantity Color Location Position in parenthesis) vices are required
measured from
the center of the
lamp at curb
weight

Headlamps .......................... 2 White ..................... Front ........ On the front at the Not less than 559 A, B, C
same height, mm (22 inches)
with an equal nor more than
number at each 1,372 mm (54
side of the inches).
vertical center
line as far apart
as practicable.
Turn signal (front). See 2 Amber ................... At or near One on each side Not less than 381 A, B, C
footnotes #2 and 12. the front. of the vertical mm (15 inches)
centerline at the nor more than
same height 2,108 mm (83
and as far apart inches).
as practicable.
Identification lamps (front). 3 Amber ................... Front ........ As close as prac- All three on the B, C
See footnote #1. ticable to the same level as
top of the vehi- close as prac-
cle, at the same ticable to the
height, and as top of the motor
close as prac- vehicle.
ticable to the
vertical center-
line of the vehi-
cle (or the
vertical center-
line of the cab
where different
from the center-
line of the vehi-
cle) with lamp
centers spaced
not less than
152 mm (6
inches) or more
than 305 mm
(12 inches)
apart. Alter-
natively, the
front lamps may
be located as
close as prac-
ticable to the
top of the cab.
Tail lamps. See footnotes 2 Red ....................... Rear ......... One lamp on Both on the same A, B, C, D, E, F, G, H
#5 and 11. each side of the level between
vertical center- 381 mm (15
line at the same inches) and
height and as 1,829 mm (72
far apart as inches).
practicable.

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


Height above the
road surface in
millimeters (mm)
(with English units Vehicles for which the de-
Item on the vehicle Quantity Color Location Position in parenthesis) vices are required
measured from
the center of the
lamp at curb
weight

Stop lamps. See footnotes 2 Red ....................... Rear ......... One lamp on Both on the same A, B, C, D, E, F, G
#5 and 13. each side of the level between
vertical center- 381 mm (15
line at the same inches) and
height and as 1,829 mm (72
far apart as inches).
practicable.
Clearance lamps. See foot- 2 Amber ................... One on One on each side Both on the same B, C, D, G, H
notes #8, 9, 10, 15 & 17. each of the vertical level as high as
side of centerline to in- practicable.
the front dicate overall
of the width.
vehicle.
2 Red ....................... One on One on each side Both on the same B, D, G, H
each of the vertical level as high as
side of centerline to in- practicable.
the rear dicate overall
of the width.
vehicle.
Reflex reflector, inter- 2 Amber ................... One on At or near the Between 381 mm A, B, D, F, G
mediate (side). each midpoint be- (15inches) and
side. tween the front 1,524 (60
and rear side inches).
marker lamps, if
the length of
the vehicle is
more than
9,144 mm (30
feet).
Reflex reflector (rear). See 2 Red ....................... Rear ......... One on each side Both on the same A, B, C, D, E, F, G
footnotes #5, 6, and 8. of the vertical level, between
centerline, as 381 mm (15
far apart as inches) and
practicable and 1,524 mm (60
at the same inches).
height.
Reflex reflector (rear side). 2 Red ....................... One on As far to the rear Both on the same A, B, D, F, G
each as practicable. level, between
side 381 mm (15
(rear). inches) and
1,524 mm (60
inches).
Reflex reflector (front side). 2 Amber ................... One on As far to the front Between 381 mm A, B, C, D, F, G
See footnote #16. each as practicable. (15 inches) and
side 1,524 mm (60
(front). inches).
License plate lamp (rear). 1 White ..................... At rear li- No requirements A, B, C, D, F, G
See footnote #11. cense
plate to
illu-
minate
the plate
from the
top or
sides.
Side marker lamp (front). 2 Amber ................... One on As far to the front Not less than 381 A, B, C, D, F
See footnote #16. each as practicable. mm (15 inches).
side.

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


Height above the
road surface in
millimeters (mm)
(with English units Vehicles for which the de-
Item on the vehicle Quantity Color Location Position in parenthesis) vices are required
measured from
the center of the
lamp at curb
weight

Side marker lamp inter- 2 Amber ................... One on At or near the Not less tan 381 A, B, D, F, G
mediate. each midpoint be- mm (15 inches).
side. tween the front
and rear side
marker lamps, if
the length of
the vehicle is
more than
9,144 mm (30
feet).
Side marker lamp (rear). 2 Red ....................... One on As far to the rear Not less than 381 A, B, D, F, G
See footnotes #4 and 8. each as practicable. mm (15 inches),
side. and on the rear
of trailers not
more than
1,524 mm (60
inches).
Turn signal (rear). See foot- 2 Amber or red ......... Rear ......... One lamp on Both on the same A, B, C, D, E, F, G
notes #5 and 12. each side of the level, between
vertical center- 381 mm (15
line as far apart inches) and
as practicable. 2,108 mm (83
inches).
Identification lamp (rear). 3 Red ....................... Rear ......... One as close as All three on the B, D, G
See footnotes #3, 7, and practicable to same level as
15. the vertical cen- close as prac-
terline. One on ticable to the
each side with top of the vehi-
lamp centers cle.
spaced not less
than 152 mm (6
inches) or more
than 305 mm
(12 inches)
apart.
Vehicular hazard warning 2 Amber ................... Front ........ One lamp on Both on the same A, B, C
signal flasher lamps. See each side of the level, between
footnotes #5 and 12. vertical center- 381 mm (15
line, as far inches) and
apart as prac- 2,108 mm (83
ticable. inches).
2 Amber or red ......... Rear ......... One lamp on Both on the same A, B, C, D, E, F, G
each side of the level, between
vertical center- 381 mm (15
line, as far inches) and
apart as prac- 2,108 mm (83
ticable. inches).
Backup lamp. See footnote 1 or 2 White ..................... Rear ......... Rear .................... No requirement ... A, B, C
#14.
Parking lamp ....................... 2 Amber or white ..... Front ........ One lamp on Both on the same A
each side of the level, between
vertical center- 381 mm (15
line, as far inches) and
apart as prac- 2,108 mm (83
ticable. inches).
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.

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Note: Lamps and reflectors may be combined as permitted by § 393.22 and S5.4 of 49 CFR 571.108, Equipment combinations.
Footnote—1 Identification lamps may be mounted on the vertical centerline of the cab where different from the centerline of the vehicle, ex-
cept where the cab is not more than 42 inches wide at the front roofline, then a single lamp at the center of the cab shall be deemed to comply
with the requirements for identification lamps. No part of the identification lamps or their mountings may extend below the top of the vehicle wind-
shield.
Footnote—2 Unless the turn signals on the front are so constructed (double-faced) and located as to be visible to passing drivers, two turn
signals are required on the rear of the truck tractor, one at each side as far apart as practicable.
Footnote—3 The identification lamps need not be visible or lighted if obscured by a vehicle in the same combination.
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), and on the rear of trailers not 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.
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 trail-
er; 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 vehi-
cle 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) be-
yond 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—11 To be illuminated when tractor headlamps are illuminated.
Footnote—12 Every bus, truck, and truck tractor shall be equipped with a signaling system that, in addition to signaling turning movements,
shall have a switch or combination of switches that will cause the two front turn signals and the two rear signals to flash simultaneously as a ve-
hicular traffic signal warning, required by § 392–22(a). The system shall be capable of flashing simultaneously with the ignition of the vehicle on
or off.
Footnote—13 To be actuated upon application of service brakes.
Footnote—14 Backup lamp required to operate when bus, truck, or truck tractor is in reverse.
Footnote—15
(1) For the purposes of Section 393.11, the term ‘‘overall width’’ refers to the nominal design dimension of the widest part of the vehicle, exclu-
sive 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 vehi-
cle.
(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 indi-
cate its extreme width.

BILLING CODE 4910–EX–P

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■ 12. Section 393.17 is amended by § 393.17 Lamp and reflectors—


revising the illustrations at the end of the combinations in driveway-towaway
operation.
section to read as follows:
* * * * *

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BILLING CODE 4910–EX–C § 393.23 Power supply for lamps. front fog lamps may not be used to
■ 13. Section 393.19 is revised to read as All required lamps must be powered satisfy the requirements of this
follows: by the electrical system of the motor paragraph.
vehicle with the exception of battery (b) Auxiliary driving lamps and front
§ 393.19 Hazard warning signals. powered lamps used on projecting fog lamps. Commercial motor vehicles
The hazard warning signal operating loads. may be equipped with auxiliary driving
■ 16. Section 393.24 is revised to read as lamps and/or front fog lamps for use in
unit on each commercial motor vehicle
follows: conjunction with, but not in lieu of the
shall operate independently of the
required headlamps. Auxiliary driving
ignition or equivalent switch, and when § 393.24 Requirements for head lamps, lamps shall meet SAE Standard J581
activated, cause all turn signals required auxiliary driving lamps and front fog lamps. Auxiliary Upper Beam Lamps, July
by § 393.11 to flash simultaneously. (a) Headlamps. Every bus, truck and 2004, and front fog lamps shall meet
§ 393.20 [Removed] truck tractor shall be equipped with SAE Standard J583 Front Fog Lamp,
headlamps as required by § 393.11(a). August 2004. (See § 393.7 for
■ 14. Section 393.20 is removed and The headlamps shall provide an upper information on the incorporation by
reserved. and lower beam distribution of light, reference and availability of these
selectable at the driver’s will and be documents.)
■ 15. Section 393.23 is revised to read as
steady-burning. The headlamps shall be (c) Mounting. Headlamps shall be
follows: marked in accordance with FMVSS No. mounted and aimable in accordance
ER15AU05.019</GPH>

108. Auxiliary driving lamps and/or with FMVSS No. 108. Auxiliary driving

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lamps and front fog lamps shall be Motor Vehicles Less Than 2032 mm in height range. All permanent reflex
mounted so that the beams are aimable Overall Width, March 2000; J588—Turn reflectors shall be securely mounted on
and the mounting shall prevent the aim Signal Lamps for Use on Motor Vehicles a rigid part of the vehicle. Temporary
of the lighting device from being Less Than 2032 mm in Overall Width, reflectors on projecting loads must be
disturbed while the vehicle is operating March 2000; J2040—Tail Lamps (Rear securely mounted to the load and are
on public roads. Position Lamps) for Use on Vehicles not required to be permanently mounted
(d) Aiming. Headlamps, auxiliary 2032 mm or More in Overall Width, to a part of the vehicle. Temporary
driving lamps and front fog lamps shall March 2002; J592—Sidemarker Lamps reflex reflectors on vehicles transported
be aimed to meet the aiming for Use on Road Vehicles Less Than in driveaway-towaway operations must
specifications in FMVSS No. 108 (49 2032 mm in Overall Width, August be firmly attached.
CFR 571.108), SAE J581, and SAE J583, 2000. (See § 393.7 for information on the (b) Specifications. All required reflex
respectively. incorporation by reference and reflectors (except reflex reflectors on
■ 17. Section 393.25 is revised to read as availability of these documents.) projecting loads, vehicles transported in
follows: (d) (Reserved) a driveaway-towaway operation,
(e) Lamps to be steady-burning. All converter dollies and pole trailers) on
§ 393.25 Requirements for lamps other exterior lamps (both required lamps and
than head lamps. vehicles manufactured on or after
any additional lamps) shall be steady- December 25, 1968, shall meet the
(a) Mounting. All lamps shall be burning with the exception of turn applicable requirements of FMVSS No.
securely mounted on a rigid part of the signal lamps; hazard warning signal 108 in effect on the date of manufacture
vehicle. Temporary lamps must be lamps; school bus warning lamps; of the vehicle. Reflex reflectors on
securely mounted to the load and are amber warning lamps or flashing
not required to be mounted to a projecting loads, vehicles transported in
warning lamps on tow trucks and a driveaway-towaway operation, and all
permanent part of the vehicle. commercial motor vehicles transporting
(b) Visibility. Each lamp shall be reflex reflectors on converter dollies and
oversized loads; and warning lamps on pole trailers must conform to SAE
located so that it meets the visibility emergency and service vehicles
requirements specified by FMVSS No. J594—Reflex Reflectors, December 2003.
authorized by State or local authorities. (c) Substitute material for side reflex
108 in effect at the time of manufacture Lamps combined into the same shell or
of the vehicle. Vehicles which were not reflectors. Reflective material
housing with a turn signal are not conforming to ASTM D 4956–04,
subject to FMVSS No. 108 at the time of required to be steady burning while the
manufacture shall have each lamp Standard Specification for
turn signal is in use. Amber warning Retroreflective Sheeting for Traffic
located so that it meets the visibility lamps must meet SAE J845—Optical
requirements specified in the SAE Control, may be used in lieu of reflex
Warning Devices for Authorized reflectors if the material as used on the
standards listed in paragraph (c) of this
Emergency, Maintenance and Service vehicle, meets the performance
section. If motor vehicle equipment
Vehicles, May 1997. Amber flashing standards in either Table I of SAE J594
(e.g., mirrors, snow plows, wrecker
warning lamps must meet SAE J595— or Table IA of SAE J594—Reflex
booms, backhoes, and winches)
Directional Flashing Optical Warning Reflectors, December 2003. (See
prevents compliance with this
Devices for Authorized Emergency, § 393.7(b) for information on the
paragraph by any required lamp, an
Maintenance and Service Vehicles, incorporation by reference and
auxiliary lamp or device meeting the
January 2005. Amber gaseous discharge availability of these documents.)
requirements of this paragraph shall be
warning lamps must meet SAE J1318 (d) Use of additional retroreflective
provided. This shall not be construed to
Gaseous Discharge Warning Lamp for surfaces. Additional retroreflective
apply to lamps on one unit which are
Authorized Emergency, Maintenance, surfaces may be used in conjunction
obscured by another unit of a
and Service Vehicles, May 1998. (See with, but not in lieu of the reflex
combination of vehicles.
(c) Specifications. All required lamps § 393.7(b) for information on the reflectors required in subpart B of part
(except marker lamps on projecting incorporation by reference and 393, and the substitute material for side
loads, lamps which are temporarily availability of these documents.) reflex reflectors allowed by paragraph
(f) Stop lamp operation. The stop (c) of this section, provided:
attached to vehicles transported in
lamps on each vehicle shall be activated
driveaway-towaway operations, and * * * * *
upon application of the service brakes.
lamps on converter dollies and pole
The stop lamps are not required to be § 393.27 [Removed]
trailers) on vehicles manufactured on or
activated when the emergency feature of
after December 25, 1968, shall, at a ■ 18a. Section 393.27 is removed and
the trailer brakes is used or when the
minimum, meet the applicable reserved.
stop lamp is optically combined with
requirements of FMVSS No. 108 in ■ 19. Section 393.28 is revised to read as
the turn signal and the turn signal is in
effect on the date of manufacture of the follows:
use.
vehicle. Marker lamps on projecting ■ 18. Section 393.26 is amended by
loads, all lamps which are temporarily § 393.28 Wiring systems.
revising paragraphs (a), (b), (c), and (d)
attached to vehicles transported in introductory text to read as follows: Electrical wiring shall be installed
driveaway-towaway operations, and all and maintained to conform to SAE
lamps on converter dollies and pole § 393.26 Requirements for reflex J1292—Automobile, Truck, Truck-
trailers must meet the following reflectors. Tractor, Trailer, and Motor Coach
applicable SAE standards: J586—Stop (a) Mounting. Reflex reflectors shall Wiring, October 1981, except the jumper
Lamps for Use on Motor Vehicles Less be mounted at the locations required by cable plug and receptacle need not
Than 2032 mm in Overall Width, March § 393.11. In the case of motor vehicles conform to SAE J560. The reference to
2000; J2261 Stop Lamps and Front- and so constructed that requirement for a SAE J1292 shall not be construed to
Rear-Turn Signal Lamps for Use on 381 mm (15-inch) minimum height require circuit protection on trailers.
Motor Vehicles 2032 mm or More in above the road surface is not practical, (See § 393.7(b) for information on the
Overall Width, January 2002; J585—Tail the reflectors shall be mounted as close incorporation by reference and
Lamps (Rear Position Lamps) for Use on as practicable to the required mounting availability of this document.)

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§ 393.29 [Removed] September 2, 1983, and equipped with capable of meeting the requirements of
■ 19a. Section 393.29 is removed and a split service brake system must, at a § 393.52(b), except in the case of a
reserved. minimum, meet the partial failure structural failure of the brake master
■ 20. Sections 393.31, 393.32, and requirements of FMVSS No. 105 in cylinder body.
393.33 are removed and reserved. effect on the date of manufacture. (3) A bus is considered to meet the
■ 21. Section 393.40 is revised to read as
(2) Air brake systems. Buses, trucks requirements of § 393.40(f)(1) if it meets
follows: and truck tractors manufactured on or the requirements of § 393.44 and
after March 1, 1975, and trailers § 393.52(b).
§ 393.40 Required brake systems. manufactured on or after January 1,
■ 22. Section 393.41 is revised to read as
(a) Each commercial motor vehicle 1975, must be equipped with an
must have brakes adequate to stop and emergency brake system which, at a follows:
hold the vehicle or combination of minumum, meets the requirements of § 393.41 Parking brake system.
motor vehicles. Each commercial motor FMVSS No. 121 in effect on the date of
vehicle must meet the applicable manufacture. (a) Hydraulic-braked vehicles
service, parking, and emergency brake (3) Vehicles not subject to FMVSS manufactured on or after September 2,
system requirements provided in this Nos. 105 and 121 on the date of 1983. Each truck and bus (other than a
section. manufacture. Buses, trucks and truck school bus) with a GVWR of 4,536 kg
(b) Service brakes. (1) Hydraulic brake tractors not subject to FMVSS Nos. 105 (10,000 pounds) or less which is subject
systems. Motor vehicles equipped with or 121 on the date of manufacture must to this part and school buses with a
hydraulic brake systems and meet the requirements of § 393.40(e). GVWR greater than 4,536 kg (10,000
manufactured on or after September 2, Trailers not subject to FMVSS No. 121 pounds) shall be equipped with a
1983, must, at a minimum, have a at the time of manufacture must meet parking brake system as required by
service brake system that meets the the requirements of § 393.43. FMVSS No. 571.105 (S5.2) in effect at
requirements of FMVSS No. 105 in (e) Emergency brakes, vehicles the time of manufacture. The parking
effect on the date of manufacture. Motor manufactured on or after July 1, 1973. brake shall be capable of holding the
vehicles which were not subject to (1) A bus, truck, truck tractor, or a vehicle or combination of vehicles
FMVSS No. 105 on the date of combination of motor vehicles stationary under any condition of
manufacture must have a service brake manufactured on or after July 1, 1973, loading in which it is found on a public
system that meets the applicable and not covered under paragraphs (d)(1) road (free of ice and snow). Hydraulic-
requirements of §§ 393.42, 393.48, or (d)(2) of this section, must have an braked vehicles which were not subject
393.49, 393.51, and 393.52 of this emergency brake system which consists to the parking brake requirements of
subpart. of emergency features of the service FMVSS No. 571.105 (S5.2) must be
(2) Air brake systems. Buses, trucks brake system or an emergency system equipped with a parking brake system
and truck-tractors equipped with air separate from the service brake system. that meets the requirements of
brake systems and manufactured on or The emergency brake system must meet paragraph (c) of this section.
after March 1, 1975, and trailers the applicable requirements of §§ 393.43 (b) Air-braked power units
manufactured on or after January 1, and 393.52. manufactured on or after March 1, 1975,
1975, must, at a minimum, have a (2) A control by which the driver and air-braked trailers manufactured on
service brake system that meets the applies the emergency brake system or after January 1, 1975.
requirements of FMVSS No. 121 in must be located so that the driver can
operate it from the normal seating Each air-braked bus, truck and truck
effect on the date of manufacture. Motor tractor manufactured on and after March
vehicles which were not subject to position while restrained by any seat
belts with which the vehicle is 1, 1975, and each air-braked trailer
FMVSS No. 121 on the date of except an agricultural commodity
manufacture must have a service brake equipped. The emergency brake control
may be combined with either the service trailer, converter dolly, heavy hauler
system that meets the applicable trailer or pulpwood trailer, shall be
requirements of §§ 393.42, 393.48, brake control or the parking brake
control. However, all three controls may equipped with a parking brake system
393.49, 393.51, and 393.52 of this as required by FMVSS No. 121 (S5.6) in
subpart. not be combined.
(f) Interconnected systems. (1) If the effect at the time of manufacture. The
(3) Vacuum brake systems. Motor parking brake shall be capable of
vehicles equipped with vacuum brake brake systems required by § 393.40(a)
are interconnected in any way, they holding the vehicle or combination of
systems must have a service brake vehicles stationary under any condition
system that meets the applicable must be designed, constructed, and
maintained so that in the event of a of loading in which it is found on a
requirements of §§ 393.42, 393.48, public road (free of ice and snow). An
393.49, 393.51, and 393.52 of this failure of any part of the operating
mechanism of one or more of the agricultural commodity trailer, heavy
subpart. hauler or pulpwood trailer shall carry
(4) Electric brake systems. Motor systems (except the service brake
actuation pedal or valve), the motor sufficient chocking blocks to prevent
vehicles equipped with electric brake
vehicle will have operative brakes and, movement when parked.
systems must have a service brake
system that meets the applicable for vehicles manufactured on or after (c) Vehicles not subject to FMVSS
requirements of §§ 393.42, 393.48, July 1, 1973, be capable of meeting the Nos. 105 and 121 on the date of
393.49 and 393.52 of this subpart. requirements of § 393.52(b). manufacture. (1) Each singly driven
(c) Parking brakes. Each commercial (2) A motor vehicle to which the motor vehicle not subject to parking
motor vehicle must be equipped with a requirements of FMVSS No. 105 brake requirements of FMVSS Nos. 105
parking brake system that meets the (S5.1.2), dealing with partial failure of or 121 at the time of manufacturer, and
applicable requirements of § 393.41. the service brake, applied at the time of every combination of motor vehicles
(d) Emergency brakes—partial failure manufacture meets the requirements of must be equipped with a parking brake
of service brakes. § 393.40(f)(1) if the motor vehicle is system adequate to hold the vehicle or
(1) Hydraulic brake systems. Motor maintained in conformity with FMVSS combination on any grade on which it
vehicles manufactured on or after No. 105 and the motor vehicle is is operated, under any condition of

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loading in which it is found on a public § 393.42 Brakes required on all wheels. (4) Any full trailer or four-wheel pole
road (free of ice and snow). * * * * * trailer (laden or unladen) with a gross
(2) The parking brake system shall, at (b) Exception. (1) Trucks or truck weight of 1,361 kg (3,000 pounds) or
all times, be capable of being applied by tractors having three or more axles and less which is subject to this part is not
either the driver’s muscular effort or by manufactured before July 25, 1980, are required to be equipped with brakes if
spring action. If other energy is used to not required to have brakes on the front the sum of the axle weights of the towed
apply the parking brake, there must be wheels. However, these vehicles must vehicle does not exceed 40 percent of
an accumulation of that energy isolated meet the requirements of § 393.52. the sum of the axle weights of the
from any common source and used (2) Motor vehicles being towed in a towing vehicle.
exclusively for the operation of the driveaway-towaway operation are not
required to have operative brakes (5) Brakes are not required on the
parking brake.
provided the combination of vehicles steering axle of a three-axle dolly which
Exception: This paragraph shall not
meets the requirements of § 393.52. This is steered by a co-driver.
be applicable to air-applied,
mechanically-held parking brake exception is not applicable to: (6) Loaded housemoving dollies,
systems which meet the parking brake (i) Any motor vehicle towed by means specialized trailers and dollies used to
requirements of FMVSS No. 121 (S5.6). of a tow-bar when another motor vehicle transport industrial furnaces, reactors,
is full-mounted on the towed vehicle; and similar motor vehicles are not
(3) The parking brake system shall be
and required to be equipped with brakes,
held in the applied position by energy
(ii) Any combination of motor
other than fluid pressure, air pressure, provided the speed at which the
vehicles utilizing three or more saddle-
or electric energy. The parking brake mounts. combination of vehicles will be
system shall not be capable of being (3) Any semitrailer or pole trailer operated does not exceed 32 km/hour
released unless adequate energy is (laden or unladen) with a gross weight (20 mph) and brakes on the combination
available to immediately reapply the of 1,361 kg (3,000 pounds) or less which of vehicles are capable of stopping the
parking brake with the required is subject to this part is not required to combination within 12.2 meters (40 feet)
effectiveness. be equipped with brakes if the axle from the speed at which the vehicle is
■ 23. Section 393.42 is amended by weight of the towed vehicle does not being operated or 32 km/hour (20 mph),
revising the figure and revising exceed 40 percent of the sum of the axle whichever is less.
paragraph (b) to read as follows: weights of the towing vehicle. BILLING CODE 4910–EX–P

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BILLING CODE 4910–EX–C


the towing vehicle is between 138 kPa (f) Exception. The requirements of
■ 24. Section 393.43 is amended by and 310 kPa (20 psi and 45 psi). paragraphs (b), (c) and (d) of this section
revising paragraphs (a), (d) and (f) and by (b) Emergency brake requirements, air shall not be applicable to commercial
adding headings to paragraphs (b), (c), brakes. * * * motor vehicles being transported in
and (e) to read as follows: driveaway-towaway operations.
(c) Emergency brake requirements,
vacuum brakes. * * * ■ 25. Section 393.45 is revised to read as
§ 393.43 Breakaway and emergency
braking. (d) Breakaway braking requirements follows:
for trailers. Every trailer required to be § 393.45 Brake tubing and hoses; hose
(a) Towing vehicle protection system. equipped with brakes shall have brakes
Every motor vehicle, if used to tow a assemblies and end fittings.
which apply automatically and
trailer equipped with brakes, shall be immediately upon breakaway from the (a) General construction requirements
equipped with a means for providing towing vehicle. With the exception of for tubing and hoses, assemblies, and
that in the case of a breakaway of the trailers having three or more axles, all end fittings. All brake tubing and hoses,
trailer, the service brakes on the towing brakes with which the trailer is required brake hose assemblies, and brake hose
vehicle will be capable of stopping the to be equipped must be applied upon end fittings must meet the applicable
towing vehicle. For air braked towing breakaway from the towing vehicle. The requirements of FMVSS No. 106 (49
units, the tractor protection valve or brakes must remain in the applied CFR 571.106).
similar device shall operate position for at least 15 minutes. (b) Brake tubing and hose installation.
automatically when the air pressure on
ER15AU05.020</GPH>

(e) Emergency valves. * * * Brake tubing and hose must—

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(1) Be long and flexible enough to of a truck, truck-tractor or bus shall not device to reduce the front wheel braking
accommodate without damage all be less than 4.8 mm (3⁄16 inch) at the effort (or in the case of a three-axle truck
normal motions of the parts to which it shoe center for a shoe with a continuous or truck tractor manufactured before
is attached; strip of lining; less than 6.4 mm March 1, 1975, a device to remove the
(2) Be secured against chaffing, (1⁄4 inch) at the shoe center for a shoe front-wheel braking effort) if that device
kinking, or other mechanical damage; with two pads; or worn to the wear meets the applicable requirements of
and indicator if the lining is so marked, for paragraphs (b)(1) and (2) of this section.
(3) Be installed in a manner that air drum brakes. The steering axle brake (1) Manually operated devices.
prevents it from contacting the vehicle’s lining/pad thickness shall not be less Manually operated devices to reduce or
exhaust system or any other source of than 3.2 mm (1⁄8 inch) for air disc brakes, remove front-wheel braking effort may
high temperatures. or 1.6 mm (1⁄16 inch) or less for only be used on buses, trucks, and truck
(c) Nonmetallic brake tubing. Coiled hydraulic disc, drum and electric tractors manufactured before March 1,
nonmetallic brake tubing may be used brakes. 1975. Such devices must not be used
for connections between towed and (2) Non-steering axle brakes. An air unless the vehicle is being operated
towing motor vehicles or between the braked commercial motor vehicle shall under adverse conditions such as wet,
frame of a towed vehicle and the not be operated with brake lining/pad snowy, or icy roads.
unsprung subframe of an adjustable axle thickness less than 6.4 mm (1⁄4 inch) or (2) Automatic devices. Automatic
of the motor vehicle if— to the wear indicator if the lining is so devices must not reduce the front-wheel
(1) The coiled tubing has a straight marked (measured at the shoe center for braking force by more than 50 percent
segment (pigtail) at each end that is at drum brakes); or less than 3.2 mm of the braking force available when the
least 51 mm (2 inches) in length and is (1⁄8 inch) for disc brakes. Hydraulic or automatic device is disconnected
encased in a spring guard or similar electric braked commercial motor (regardless of whether or not an antilock
device which prevents the tubing from vehicles shall not be operated with a system failure has occurred on any
kinking at the fitting at which it is lining/pad thickness less than 1.6 mm axle). The device must not be operable
attached to the vehicle; and (1⁄16 inch) (measured at the shoe center) by the driver except upon application of
(2) The spring guard or similar device for disc or drum brakes. the control that activates the braking
has at least 51 mm (2 inches) of closed (e) Clamp and Roto-Chamber Brake system. The device must not be operable
coils or similar surface at its interface Actuator Readjustment limits. The when the brake control application
with the fitting and extends at least 38 pushrod travel for clamp and roto- pressure exceeds 85 psig (for vehicles
mm (11⁄2 inches) into the coiled segment chamber type actuators must be less equipped with air brakes) or 85 percent
of the tubing from its straight segment. than 80 percent of the rated strokes of the maximum system pressure (for
(d) Brake tubing and hose listed in SAE J1817—Long Stroke Air vehicles which are not equipped with
connections. All connections for air, Brake Actuator Marking, July 2001 (See air brakes).
vacuum, or hydraulic braking systems § 393.7 (b) for information on
(c) Exception. Paragraph (a) of this
shall be installed so as to ensure an incorporation by reference and
section does not apply to—
attachment free of leaks, constrictions or availability of this document), or 80
(1) A towed vehicle with disabling
other conditions which would adversely percent of the rated stroke marked on
damage as defined in § 390.5;
affect the performance of the brake the brake chamber by the chamber
(2) A vehicle which is towed in a
system. manufacturer, or the readjustment limit
driveaway-towaway operation and is
marked on the brake chamber by the
§ 393.46 [Removed] included in the exemption to the
chamber manufacturer. The pushrod
requirement for brakes on all wheels,
■ 26. Section 393.46 is removed and travel for Type 16 and 20 long stroke
§ 393.42(b);
reserved. clamp type brake actuators must be less
(3) Unladen converter dollies with a
■ 27. Section 393.47 is revised to read as than 51 mm (2 inches) or 80 percent of
gross weight of 1,361 kg (3,000 lbs) or
follows: the rated stroke marked on the brake
less, and manufactured prior to March
chamber by the chamber manufacturer,
§ 393.47 Brake actuators, slack adjusters, 1, 1998;
or the readjustment limit marked on the
linings/pads and drums/rotors. (4) The steering axle of a three-axle
brake chamber by the chamber
(a) General requirements. Brake dolly which is steered by a co-driver;
manufacturer.
components must be constructed, (f) Wedge Brake Adjustment. The (5) Loaded house moving dollies,
installed and maintained to prevent movement of the scribe mark on the specialized trailers and dollies used to
excessive fading and grabbing. The lining shall not exceed 1.6 mm (1⁄16 transport industrial furnaces, reactors,
means of attachment and physical inch). and similar motor vehicles provided the
characteristics must provide for safe and (g) Drums and rotors. The thickness of speed at which the combination of
reliable stopping of the commercial the drums or rotors shall not be less vehicles will be operated does not
motor vehicle. than the limits established by the brake exceed 32 km/hour (20 mph) and brakes
(b) Brake chambers. The service brake drum or rotor manufacturer. on the combination of vehicles are
chambers and spring brake chambers on ■ 28. Section 393.48 is revised to read as
capable of stopping the combination
each end of an axle must be the same follows: within 12.2 meters (40 feet) from the
size. speed at which the vehicle is being
(c) Slack adjusters. The effective § 393.48 Brakes to be operative. operated or 32 km/hour (20 mph),
length of the slack adjuster on each end (a) General rule. Except as provided in whichever is less.
of an axle must be the same. paragraphs (b) and (c) of this section, all (6) Raised lift axles. Brakes on lift
(d) Linings and pads. The thickness of brakes with which a commercial motor axles need not be capable of being
the brake linings or pads shall meet the vehicle is equipped must be operable at operated while the lift axle is raised.
applicable requirements of this all times. However, brakes on lift axles must be
paragraph— (b) Devices to reduce or remove front- capable of being applied whenever the
(1) Steering axle brakes. The brake wheel braking effort. A commercial lift axle is lowered and the tires contact
lining/pad thickness on the steering axle motor vehicle may be equipped with a the roadway.

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48052 Federal Register / Vol. 70, No. 156 / Monday, August 15, 2005 / Rules and Regulations

■ 29. Section 393.50 is revised to read as No. 571.105 (S5.3) applicable to the activated by vacuum must be equipped
follows: vehicle on the date of manufacture. with—
Vehicles manufactured on or after July (1) A vacuum gauge, visible to a
§ 393.50 Reservoirs required. 1, 1973 but before September 1, 1975, or person seated in the normal driving
(a) Reservoir capacity for air-braked to which FMVSS No. 571.105 was not position, which indicates the vacuum
power units manufactured on or after applicable on the date of manufacture, (in millimeters or inches of mercury)
March 1, 1975, and air-braked trailers must have a warning signal which available for braking; and
manufactured on or after January 1, operates before or upon application of (2) A warning signal that is audible or
1975. Buses, trucks, and truck-tractors the brakes in the event of a hydraulic- visible to a person in the normal driving
manufactured on or after March 1, 1975, type complete failure of a partial position and provides a continuous
and air-braked trailers manufactured on system. The signal must be either visible warning to the driver whenever the
or after January 1, 1975, must meet the within the driver’s forward field of view vacuum in the vehicle’s supply
reservoir requirements of FMVSS No. or audible. The signal must be reservoir is less than 203 mm (8 inches)
121, S5.1.2, in effect on the date of continuous. (NOTE: FMVSS No. 105 of mercury.
manufacture. was applicable to trucks and buses from (e) Hydraulic brakes applied or
(b) Reservoir capacity for air-braked September 1, 1975 to October 12, 1976, assisted by air or vacuum. Each vehicle
vehicles not subject to FMVSS No. 121 and from September 1, 1983, to the equipped with hydraulically activated
on the date of manufacture and all present. FMVSS No. 105 was not service brakes which are applied or
vacuum braked vehicles. Each motor applicable to trucks and buses assisted by compressed air or vacuum,
vehicle using air or vacuum braking manufactured between October 12, and to which FMVSS No. 105 was not
must have either reserve capacity, or a 1976, and September 1, 1983. Motor applicable on the date of manufacture,
reservoir, that would enable the driver carriers have the option of equipping must be equipped with a warning signal
to make a full service brake application those vehicles to meet either the that conforms to paragraph (b) of this
with the engine stopped without indicator lamp requirements of FMVSS section for the hydraulic portion of the
depleting the air pressure or vacuum No. 105, or the indicator lamp system; paragraph (c) of this section for
below 70 percent of that indicated by requirements specified in this paragraph the air assist/air applied portion; or
the air or vacuum gauge immediately for vehicles which were not subject to paragraph (d) of this section for the
before the brake application is made. FMVSS No. 105 on the date of vacuum assist/vacuum applied portion.
For the purposes of this paragraph, a manufacture.) This paragraph shall not be construed as
full service brake application means (c) Air brakes. A commercial motor requiring air pressure gauges or vacuum
depressing the brake pedal or treadle vehicle (regardless of the date of gauges, only warning signals.
valve to the limit of its travel. manufacture) equipped with service (f) Exceptions. The rules in
(c) Safeguarding of air and vacuum. brakes activated by compressed air (air paragraphs (c), (d) and (e) of this section
Each service reservoir system on a brakes) or a commercial motor vehicle do not apply to property carrying
motor vehicle shall be protected against towing a vehicle with service brakes commercial motor vehicles which have
a loss of air pressure or vacuum due to activated by compressed air (air brakes) less than three axles and (1) were
a failure or leakage in the system must be equipped with a pressure gauge manufactured before July 1, 1973, and
between the service reservoir and the and a warning signal. Trucks, truck (2) have a manufacturer’s gross vehicle
source of air pressure or vacuum, by tractors, and buses manufactured on or weight rating less than 4,536 kg (10,001
check valves or equivalent devices after March 1, 1975, must, at a pounds).
whose proper functioning can be minimum, have a pressure gauge and a ■ 31. Section 393.61 is revised to read as
checked without disconnecting any air warning signal which meets the follows:
or vacuum line, or fitting. requirements of FMVSS No. 121 (S5.1.4
(d) Drain valves for air braked for the pressure gauge and S5.1.5 for the § 393.61 Truck and truck tractor window
vehicles. Each reservoir must have a warning signal) applicable to the vehicle construction.
condensate drain valve that can be on the date of manufacture of the Each truck and truck tractor (except
manually operated. Automatic vehicle. Power units to which FMVSS trucks engaged in armored car service)
condensate drain valves may be used No. 571.121 was not applicable on the shall have at least one window on each
provided (1) they may be operated date of manufacture of the vehicle must side of the driver’s compartment. Each
manually, or (2) a manual means of be equipped with— window must have a minimum area of
draining the reservoirs is retained. (1) A pressure gauge, visible to a 1,290 cm2 (200 in2) formed by a
■ 30. Section 393.51 is revised to read as person seated in the normal driving rectangle 33 cm by 45 cm (13 inches by
follows: position, which indicates the air 173⁄4 inches). The maximum radius of
pressure (in kilopascals (kPa) or pounds the corner arcs shall not exceed 152 mm
§ 393.51 Warning signals, air pressure and per square inch (psi)) available for (6 inches). The long axis of the rectangle
vacuum gauges. braking; and shall not make an angle of more than 45
(a) General Rule. Every bus, truck and (2) A warning signal that is audible or degrees with the surface on which the
truck tractor, except as provided in visible to a person in the normal driving unladen vehicle stands. If the cab is
paragraph (f), must be equipped with a position and provides a continuous designed with a folding door or doors or
signal that provides a warning to the warning to the driver whenever the air with clear openings where doors or
driver when a failure occurs in the pressure in the service reservoir system windows are customarily located, no
vehicle’s service brake system. The is at 379 kPa (55 psi) and below, or one- windows shall be required in those
warning signal must meet the applicable half of the compressor governor cutout locations.
requirements of paragraphs (b), (c), (d) pressure, whichever is less. ■ 32. Section 393.62 is revised to read as
or (e) of this section. (d) Vacuum brakes. A commercial follows:
(b) Hydraulic brakes. Vehicles motor vehicle (regardless of the date it
manufactured on or after September 1, was manufactured) having service § 393.62 Emergency exits for buses.
1975, must meet the brake system brakes activated by vacuum or a vehicle (a) Buses manufactured on or after
indicator lamp requirements of FMVSS towing a vehicle having service brakes September 1, 1994. Each bus with a

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Federal Register / Vol. 70, No. 156 / Monday, August 15, 2005 / Rules and Regulations 48053

GVWR of 4,536 kg (10,000 pounds) or Operating on Land Highways—Safety Alternative procedures which assure
less must meet the emergency exit Standards ANSI/SAE Z26.1/96, August that equipment meets the required
requirements of FMVSS No. 217 1997. (See § 393.7 (b) for information on performance standards may be used.
(S5.2.2.3) in effect on the date of incorporation by reference and * * * * *
manufacture. Each bus with a GVWR of availability of this document.) (e) Side-mounted liquid fuel tank
more than 4,536 kg (10,000 pounds) (2) Push-out windows. Each push-out tests. Each side-mounted liquid fuel
must have emergency exits which meet window shall be releasable by operating tank must be capable of passing the tests
the applicable emergency exit no more than two mechanisms and specified in paragraphs (e)(1) and (2) of
requirements of FMVSS No. 217 (S5.2.2 allow manual release of the exit by a this section and the test specified in
or S5.2.3) in effect on the date of single occupant. For mechanisms which
paragraphs (d)(1) and (2) of this section.
manufacture. require rotary or straight (parallel to the
The specified tests are a measure of
(b) Buses manufactured on or after undisturbed exit surface) motions to
performance only. Alternative
September 1, 1973, but before operate the exit, no more than 89
procedures which assure that
September 1, 1994. (1) Each bus Newtons (20 pounds) of force shall be
equipment meets the required
(including a school bus used in required to release the exit. For exits
performance criteria may be used.
interstate commerce for non-school bus which require a straight motion
operations) with a GVWR of more than perpendicular to the undisturbed exit * * * * *
4,536 kg (10,000 lbs) must meet the surface, no more than 267 Newtons (60 (f) * * *
requirements of FMVSS No. 217, S5.2.2 pounds) shall be required to release the (2) The manufacturer’s name on tanks
in effect on the date of manufacture. exit. manufactured on and after July 1, 1989,
(2) Each bus (including a school bus (e) Emergency exit identification. and means of identifying the facility at
used in interstate commerce for non- Each bus and each school bus used in which the tank was manufactured, and
school bus operations) with a GVWR of interstate commerce for non-school bus * * * * *
4,536 kg (10,000 lbs) or less must meet operations, manufactured on or after
■ 35. Section 393.68 is added to part 393
the requirements of FMVSS No. 217, September 1, 1973, shall meet the
and reads as follows:
S5.2.2.3 in effect on the date of applicable emergency exit identification
manufacture. or marking requirements of FMVSS No. § 393.68 Compressed natural gas fuel
(c) Buses manufactured before 217, S5.5, in effect on the date of containers.
September 1, 1973. For each seated manufacture. The emergency exits and (a) Applicability. The rules in this
passenger space provided, inclusive of doors on all buses (including school section apply to compressed natural gas
the driver there shall be at least 432 cm2 buses used in interstate commerce for (CNG) fuel containers used for
(67 square inches) of glazing if such non-school bus operations) must be supplying fuel for the operation of
glazing is not contained in a push-out marked ‘‘Emergency Exit’’ or commercial motor vehicles or for the
window; or, at least 432 cm2 (67 square ‘‘Emergency Door’’ followed by concise operation of auxiliary equipment
inches) of free opening resulting from operating instructions describing each installed on, or used in connection with
opening of a push-out type window. No motion necessary to unlatch or open the commercial motor vehicles.
area shall be included in this minimum exit located within 152 mm (6 inches)
prescribed area unless it will provide an (b) CNG containers manufactured on
of the release mechanism. or after March 26, 1995. Any motor
unobstructed opening of at least 1,290 (f) Exception for the transportation of
cm2 (200 in2) formed by a rectangle 33 vehicle manufactured on or after March
prisoners. The requirements of this 26, 1995, and equipped with a CNG fuel
cm by 45 cm (13 inches by 173⁄4 inches). section do not apply to buses used
The maximum radius of the corner arcs tank must meet the CNG container
exclusively for the transportation of requirements of FMVSS No. 304 (49
shall not exceed 152 mm (6 inches). The prisoners.
long axis of the rectangle shall not make CFR 571.304) in effect at the time of
an angle of more than 45 degrees with § 393.63 [Removed] manufacture of the vehicle.
the surface on which the unladen ■ 33. Section 393.63 is removed and (c) Labeling. Each CNG fuel container
vehicle stands. The area shall be reserved. shall be permanently labeled in
measured either by removal of the ■ 34. Section 393.67 is amended by accordance with the requirements of
glazing if not of the push-out type, or of removing the footnote to paragraphs (d) FMVSS No. 304, S7.4.
the movable sash if of the push-out type. and (e); by revising the introductory text ■ 36. Section 393.70 is amended by
The exit must comply with paragraph of paragraphs (a), (d), and (e); and by revising paragraph (d)(8) to read as
(d) of this section. Each side of the bus revising paragraph (f)(2) to read as follows:
must have at least 40 percent of follows:
emergency exit space required by this § 393.70 Coupling devices and towing
§ 393.67 Liquid fuel tanks. methods, except for driveaway-towaway
paragraph. operation.
(d) Laminated safety glass/push-out (a) Application of the rules in this
window requirements for buses section. The rules in this section apply (d) * * *
manufactured before September 1, 1973. to tanks containing or supplying fuel for (8)(i) When two safety devices,
Emergency exit space used to satisfy the the operation of commercial motor including two safety chains or cables,
requirements of paragraph (c) of this vehicles or for the operation of auxiliary are used and are attached to the towing
section must have laminated safety glass equipment installed on, or used in vehicle at separate points, the points of
or push-out windows designed and connection with commercial motor attachment on the towing vehicle shall
maintained to yield outward to provide vehicles. be located equally distant from, and on
a free opening. * * * * * opposite sides of, the longitudinal
(1) Safety glass. Laminated safety (d) Liquid fuel tank tests. Each liquid centerline of the towing vehicle.
glass must meet Test No. 25, Egress, of fuel tank must be capable of passing the (ii) Where two chains or cables are
American National Standard for Safety tests specified in paragraphs (d)(1) and attached to the same point on the
Glazing Materials for Glazing Motor (2) of this section. The specified tests towing vehicle, and where a bridle or a
Vehicles and Motor Vehicle Equipment are a measure of performance only. single chain or cable is used, the point

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48054 Federal Register / Vol. 70, No. 156 / Monday, August 15, 2005 / Rules and Regulations

of attachment must be on the manufacture. Each of these vehicles extremities of the load marked with red
longitudinal centerline or within 152 must have a windshield washing system or orange fluorescent warning flags.
mm (6 inches) to the right of the that meets the requirements of FMVSS Each warning flag must be at least 457
longitudinal centerline of the towing No. 104 (S4.2.2) in effect on the date of mm (18 inches) square.
vehicle. manufacture. (b) Position of flags. There must be a
(iii) A single safety device, other than (b) Vehicles manufactured between single flag at the extreme rear if the
a chain or cable, must also be attached June 30, 1953, and December 24, 1968. projecting load is two feet wide or less.
to the towing vehicle at a point on the Each truck, truck-tractor, and bus Two warning flags are required if the
longitudinal centerline or within 152 manufactured between June 30, 1953, projecting load is wider than two feet.
mm (6 inches) to the right of the and December 24, 1968, shall be Flags must be located to indicate
longitudinal centerline of the towing equipped with a power-driven maximum width of loads which extend
vehicle. windshield wiping system with at least beyond the sides and/or rear of the
■ 37. Section 393.71 is amended by two wiper blades, one on each side of vehicle.
revising paragraphs (a)(2) and (g) and by the centerline of the windshield. Motor
vehicles which depend upon vacuum to § 393.92 [Removed]
adding paragraph (b)(3):
operate the windshield wipers, shall ■ 43. Section 393.92 is removed and
§ 393.71 Coupling devices and towing have the wiper system constructed and reserved.
methods, driveaway-towaway operations. maintained such that the performance of ■ 44. Section 393.94 is amended revising
(a) * * * the wipers will not be adversely affected the section heading, by removing
(2) No more than one tow-bar or ball- by a change in the intake manifold paragraph (d) and the footnote to
and-socket type coupling device may be pressure. paragraph (c), and by revising paragraphs
used in any combination. (c) Driveaway-towaway operations. (a) and (c)(4) to read as follows:
* * * * * Windshield wiping and washing
(b) Carrying vehicles on towing systems need not be in working § 393.94 Interior noise levels in power
vehicles, and multiple saddle-mounts. condition while a commercial motor units.
* * * * * vehicle is being towed in a driveaway- (a) Applicability of this section. The
(3) Saddle-mounted vehicles must be towaway operation. interior noise level requirements apply
arranged such that the gross weight of ■ 40. Section 393.79 is revised to read as to all trucks, truck-tractors, and buses.
the vehicles is properly distributed to follows: * * * * *
prevent undue interference with the (c)(4) The sound level meters used to
steering, braking, or maneuvering of the § 393.79 Windshield defrosting and
determine compliance with the
defogging systems.
combination of vehicles. requirements of this section must meet
(a) Vehicles manufactured on or after the American National Standards
* * * * *
December 25, 1968. Each bus, truck, and Institute ‘‘Specification for Sound Level
(g) Means required for towing. No
truck-tractor manufactured on or after Meters,’’ ANSI S1.4—1983. (See
motor vehicles or combination of motor
December 25, 1968, must have a § 393.7(b) for information on the
vehicles shall be towed in driveaway-
windshield defrosting and defogging incorporation by reference and
towaway operations by means other
system that meets the requirements of availability of this document.)
than a tow-bar, ball-and-socket type
FMVSS No. 103 in effect on the date of
coupling device, saddle-mount * * * * *
manufacture.
connections which meet the ■ 45. Section 393.95 is amended by
(b) Vehicles manufactured before
requirements of this section, or in the revising the introductory text; by
December 25, 1968. Each bus, truck, and
case of a semi-trailer equipped with an removing and reserving paragraphs (c),
truck-tractor shall be equipped with a
upper coupler assembly, a fifth-wheel (h) and (i); and by revising paragraphs
means for preventing the accumulation
meeting the requirements of § 393.70. (a), (b) and (f) to read as follows:
of ice, snow, frost, or condensation that
* * * * * could obstruct the driver’s view through
§ 393.95 Emergency equipment on all
■ 38. Section 393.75 is amended by the windshield while the vehicle is power units.
revising paragraph (e) to read as follows: being driven.
Each truck, truck tractor, and bus
■ 41. Section 393.82 is revised to read as
§ 393.75 Tires. (except those towed in driveaway-
follows:
* * * * * towaway operations) must be equipped
(e) A regrooved tire with a load- § 393.82 Speedometer. as follows:
carrying capacity equal to or greater Each bus, truck, and truck-tractor (a) Fire Extinguishers.
than 2,232 kg (4,920 pounds) shall not must be equipped with a speedometer (1) Minimum ratings: (i) A power unit
be used on the front wheels of any truck indicating vehicle speed in miles per that is used to transport hazardous
or truck tractor. hour and/or kilometers per hour. The materials in a quantity that requires
* * * * * speedometer must be accurate to within placarding (See § 177.823 of this title)
■ 39. Section 393.78 is revised to read as plus or minus 8 km/hr (5 mph) at a must be equipped with a fire
follows: speed of 80 km/hr (50 mph). extinguisher having an Underwriters’
■ 42. Section 393.87 is revised to read as
Laboratories rating of 10 B:C or more.
§ 393.78 Windshield wiping and washing
follows: (ii) A power unit that is not used to
systems. transport hazardous materials must be
(a) Vehicles manufactured on or after § 393.87 Warning flags on projecting equipped with either:
December 25, 1968. Each bus, truck, and loads. (A) A fire extinguisher having an
truck-tractor manufactured on or after (a) Any commercial motor vehicle Underwriters’ Laboratories rating of 5
December 25, 1968, must have a transporting a load which extends B:C or more; or
windshield wiping system that meets beyond the sides by more than 102 mm (B) Two fire extinguishers, each of
the requirements of FMVSS No. 104 (4 inches) or more than 1,219 mm (4 which has an Underwriters’
(S4.1) in effect on the date of feet) beyond the rear must have the Laboratories rating of 4 B:C or more.

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(2) Labeling and marking. Each fire paragraph (g) of this section, one of the in accordance with the vehicle
extinguisher required by this section following options must be used: manufacturer’s recommendations.
must be labeled or marked by the (1) Three bidirectional emergency * * * * *
manufacturer with its Underwriters’ reflective triangles that conform to the ■ 47. Section 393.207 is amended by
Laboratories rating. requirements of Federal Motor Vehicle adding paragraph (g) to read as follows:
(3) Visual Indicators. The fire Safety Standard No. 125, § 571.125 of
extinguisher must be designed, this title; or § 393.207 Suspension systems.
constructed, and maintained to permit (2) At least 6 fusees or 3 liquid- * * * * *
visual determination of whether it is burning flares. The vehicle must have as (g) Air suspension exhaust controls.
fully charged. many additional fusees or liquid- The air suspension exhaust controls
(4) Condition, location, and mounting. burning flares as are necessary to satisfy must not have the capability to exhaust
The fire extinguisher(s) must be filled the requirements of § 392.22. air from the suspension system of one
and located so that it is readily (3) Other warning devices may be axle of a two-axle air suspension trailer
accessible for use. The extinguisher(s) used in addition to, but not in lieu of, unless the controls are either located on
must be securely mounted to prevent the required warning devices, provided the trailer, or the power unit and trailer
sliding, rolling, or vertical movement those warning devices do not decrease combination are not capable of traveling
relative to the motor vehicle. the effectiveness of the required at a speed greater than 10 miles per hour
(5) Extinguishing agents. The fire warning devices. while the air is exhausted from the
extinguisher must use an extinguishing * * * * * suspension system. This paragraph shall
agent that does not need protection from ■ 46. Section 393.201 is amended by not be construed to prohibit—
freezing. Extinguishing agents must removing paragraph (f) and by revising (1) Devices that could exhaust air
comply with the toxicity provisions of paragraphs (a) and (d) to read as follows: from both axle systems simultaneously;
the Environmental Protection Agency’s or
Significant New Alternatives Policy § 393.201 Frames. (2) Lift axles on multi-axle units.
(SNAP) regulations under 40 CFR Part (a) The frame or chassis of each ■ 48. Section 393.209 is amended by
82, Subpart G. commercial motor vehicle shall not be revising paragraph (b) and the first
(b) Spare fuses. Power units for which cracked, loose, sagging or broken. sentence of paragraph (d) to read as
fuses are needed to operate any required * * * * * follows:
parts and accessories must have at least (d) Parts and accessories shall not be
one spare fuse for each type/size of fuse welded to the frame or chassis of a § 393.209 Steering wheel systems.
needed for those parts and accessories. commercial motor vehicle except in * * * * *
* * * * * accordance with the vehicle (b) Steering wheel lash. (1) The
(f) Warning devices for stopped manufacturer’s recommendations. Any steering wheel lash shall not exceed the
vehicles. Except as provided in welded repair of the frame must also be 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 steering systems, and 30 degrees angular worn, faulty or repaired by welding.
listed in paragraph (b)(1) of this section rotation for power steering systems. * * *
the steering wheel lash shall not exceed * * * * * * * * * *
14 degrees angular rotation for manual (d) Steering system. Universal joints [FR Doc. 05–14259 Filed 8–12–05; 8:45 am]
and ball-and-socket joints shall not be BILLING CODE 4910–EX–P

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