81 FR 60633 - Parts and Accessories Necessary for Safe Operation; Inspection, Repair, and Maintenance; Correction
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 81, Issue 171 (September 2, 2016)
Federal Motor Carrier Safety Administration
Federal Register Volume 81, Issue 171 (September 2, 2016)
| Page Range | 60633-60634 | |
| FR Document | 2016-20927 |
[Federal Register Volume 81, Number 171 (Friday, September 2, 2016)] [Rules and Regulations] [Pages 60633-60634] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-20927] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Part 393 and Appendix G to Subchapter B of Chapter III [Docket No. FMCSA-2015-0176] RIN 2126-AB81 Parts and Accessories Necessary for Safe Operation; Inspection, Repair, and Maintenance; Correction AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Final rule; correction. ----------------------------------------------------------------------- SUMMARY: This notice makes corrections to a final rule published in the Federal Register on July 22, 2016, regarding amendments to the Federal Motor Carrier Safety Regulations in response to several petitions for rulemaking and NTSB recommendations. The Agency makes several minor clerical corrections regarding the rear license plate lamp requirements and the periodic inspection requirements for antilock brake systems (ABS). DATES: This rule is effective September 2, 2016. ADDRESSES: All background documents, comments, and materials related to this rule may be viewed in docket number FMCSA-2015-0176 using either of the following methods: [[Page 60634]]Federal eRulemaking Portal: http://www.regulations.gov. Docket Management Facility (M-30), U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. FOR FURTHER INFORMATION CONTACT: Mr. Mike Huntley, Vehicle and Roadside Operations Division, Office of Bus and Truck Standards and Operations, Federal Motor Carrier Safety Administration, telephone: 202-366-5370; [email protected]. Office hours are from 8 a.m. to 4:30 p.m. ET, Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Public Participation Viewing Documents To view comments submitted to previous rulemaking documents on this subject, go to http://www.regulations.gov and click on the ``Read Comments'' box in the upper right hand side of the screen. Then, in the ``Keyword'' box, insert ``FMCSA-2015-0176'' and click ``Search.'' Next, click ``Open Docket Folder'' in the ``Actions'' column. Finally, in the ``Title'' column, click on the document you would like to review. If you do not have access to the Internet, you may view the docket online by visiting the Docket Management Facility in Room W12-140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. Privacy Act All comments received were posted without change to http://www.regulations.gov. In accordance with 5 U.S.C. 553(c), DOT previously solicited comments from the public to better inform its rulemaking process. DOT posted these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy. Corrections FMCSA is making minor corrections to fix errors found in the final rule published on July 22, 2016. In Sec. 393.11, the Agency corrects Footnote 11 of Table 1 to read ``No rear license plate lamp is required on vehicles that do not display a rear license plate.'' FMCSA inadvertently omitted the word ``not'' in this footnote. The Agency corrects section 1.l.(4)(b) of Appendix G to Subchapter B of Chapter III, to read ``only to the vehicle's stop lamp circuit.'' FMCSA inadvertently omitted the phrase ``vehicle's stop lamp circuit'' in this section. As noted in the final rule, the National Highway Traffic Safety Administration had extended the compliance date for antilock brake systems (ABS) on hydraulic braked vehicles from March 1, 1999, to September 1, 1999, but that action was limited to an extension of the malfunction indicator lamp requirement in S5.3.3(b) of FMVSS No. 105-- and not for the general requirement to equip hydraulic-braked vehicles with ABS. As such, all hydraulic-braked vehicles were still expected to be equipped with ABS effective March 1, 1999. While FMCSA included footnotes to help explain the different effective dates for the various ABS requirements in the Appendix G periodic inspection requirements, those footnotes are amended and repositioned to accurately reflect the effective dates for the various ABS requirements in Appendix G. Lastly, section 1.l.(5) is amended to note that it only applies to towed vehicles equipped with air brakes. List of Subjects in 49 CFR Part 393 Highway safety, Motor carriers, Motor vehicle safety. Accordingly, for reasons set forth in the preamble, FMCSA amends 49 CFR part 393 and appendix G to subchapter B of chapter III as follows: PART 393--PARTS AND ACCESSORIES NECESSARY FOR SAFE OPERATION 0 1. The authority citation for part 393 continues to read as follows: Authority: 49 U.S.C. 31136, 31151, and 31502; sec. 1041(b) of Pub. L. 102-240, 105 Stat. 1914, 1993 (1991); sec. 5524 of Pub. L. 114-94, 129 Stat. 1312, 1560; and 49 CFR 1.87. 0 2. In Sec. 393.11, revise Footnote 11 of Table 1 to read as follows: Sec. 393.11 Lamps and reflective devices. * * * * * Table 1 of Sec. 393.11--Required Lamps and Reflectors on Commercial Motor Vehicles * * * * * Footnote--11 To be illuminated when headlamps are illuminated. No rear license plate lamp is required on vehicles that do not display a rear license plate. * * * * * 0 3. In Appendix G to subchapter B of chapter III, revise Section 1.l to read as follows: Appendix G to Subchapter B of Chapter III--Minimum Periodic Inspection Standards * * * * * 1. Brake System * * * * * l. Antilock Brake System1 2 3 (1) Missing ABS malfunction indicator components (i.e., bulb, wiring, etc.). (2) ABS malfunction indicator that does not illuminate when power is first applied to the ABS controller (ECU) during initial power up. (3) ABS malfunction indicator that stays illuminated while power is continuously applied to the ABS controller (ECU). (4) ABS malfunction indicator lamp on a trailer or dolly does not cycle when electrical power is applied (a) only to the vehicle's constant ABS power circuit, or (b) only to the vehicle's stop lamp circuit. (5) With its brakes released and its ignition switch in the normal run position, power unit does not provide continuous electrical power to the ABS on any air-braked vehicle it is equipped to tow. (6) Other missing or inoperative ABS components. * * * * * \1\ Power units manufactured after March 1, 2001, have two ABS malfunction indicators, one for the power unit and one for the units that they tow. Both malfunction indicators are required to be fully functional. \2\ Air-braked vehicles: Subsections (1)-(6) of this section are applicable to tractors with air brakes built on or after March 1, 1997, and all other vehicles with air brakes built on or after March 1, 1998. \3\ Hydraulic-braked vehicles: Subsections (1)-(3) of this section are applicable to vehicles over 10,000 lbs. GVWR with hydraulic brakes built on or after September 1, 1999. Subsection (6) of this section is applicable to vehicles over 10,000 lbs. with hydraulic brakes built on or after March 1, 1999. Issued under authority delegated in 49 CFR 1.87. August 25, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016-20927 Filed 9-1-16; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 81, No. 171 / Friday, September 2, 2016 / Rules and Regulations 60633
List of Subjects (iii) Beginning April 3, 2020, ensure models compliant with paragraphs
that at least sixty-six (66) percent of the (b)(1) and (2) of this section in that air
47 CFR Part 20
handset models it offers comply with interface. Beginning April 3, 2019, Tier
Communications common carriers, paragraphs (b)(1) and (2) of this section, I carriers who offer four digital wireless
Communications equipment, Radio. calculated based on the total number of handset models in an air interface must
Federal Communications Commission. unique digital wireless handset models offer at least two handsets compliant
Marlene H. Dortch, the carrier offers. with paragraphs (b)(1) and (2) of this
Secretary. (iv) Beginning April 3, 2023, ensure section in that air interface and Tier I
that at least eighty-five (85) percent of carriers who offer five digital wireless
Final Rules the handset models it offers comply handset models in an air interface must
For the reasons discussed in the with paragraphs (b)(1) and (2) of this offer at least three handsets compliant
preamble, the Federal Communications section, calculated based on the total with paragraphs (b)(1) and (2) of this
Commission amends part 20 of title 47 number of unique digital wireless section in that air interface. Beginning
of the Code of Federal Regulations as handset models the carrier offers. April 3, 2020, service providers, other
follows: * * * * * than Tier I carriers, who offer four
(d) * * * digital wireless handset models in an air
PART 20—COMMERCIAL MOBILE (1) * * * interface must offer at least two handset
SERVICES (ii) * * * models compliant with paragraphs
(D) Beginning October 3, 2018, at least (b)(1) and (2) of this section in that air
■ 1. The authority citation for part 20 sixty-six (66) percent of the handset interface and service providers, other
continues to read as follows: models in that air interface, which must than Tier I carriers, who offer five
Authority: 47 U.S.C. 151, 152(a) 154(i), comply with paragraphs (b)(1) and (2) of digital wireless handset models in an air
157, 160, 201, 214, 222, 251(e), 301, 302, 303, this section. interface must offer at least three
303(b), 303(r), 307, 307(a), 309, 309(j)(3), 316, (E) Beginning October 4, 2021, at least handsets compliant with paragraphs
316(a), 332, 610, 615, 615a, 615b, 615c, eighty-five (85) percent of the handset (b)(1) and (2) of this section in that air
unless otherwise noted. models in that air interface, which must interface.
■ 2. Section 20.19 is amended by adding comply with paragraphs (b)(1) and (2) of * * * * *
paragraphs (c)(1)(i)(C) and (D), (c)(2)(iii), this section. [FR Doc. 2016–20871 Filed 9–1–16; 8:45 am]
(c)(3)(iii), (c)(3)(iv), (d)(1)(ii)(D) and (E), * * * * * BILLING CODE 6712–01–P
(d)(2)(iii), (d)(3)(iii), (d)(3)(iv), and (e)(3) (2) * * *
to read as follows: (iii) Beginning April 3, 2019, each
§ 20.19 Hearing aid-compatible mobile Tier I carrier must ensure that at least DEPARTMENT OF TRANSPORTATION
handsets. sixty-six (66) percent of the handset
models it offers comply with paragraphs Federal Motor Carrier Safety
* * * * *
(c) * * * (b)(1) and (2) of this section, calculated Administration
(1) * * * based on the total number of unique
(i) * * * digital wireless handset models the 49 CFR Part 393 and Appendix G to
(C) Beginning October 3, 2018, at least carrier offers nationwide. Beginning Subchapter B of Chapter III
sixty-six (66) percent of those handset April 4, 2022, each Tier I carrier must
[Docket No. FMCSA–2015–0176]
models (rounded down to the nearest ensure that at least eighty-five (85)
whole number) must comply with the percent of the handset models it offers RIN 2126–AB81
requirements set forth in paragraphs comply with paragraphs (b)(1) and (2) of
this section, calculated based on the Parts and Accessories Necessary for
(b)(1) and (2) of this section.
total number of unique digital wireless Safe Operation; Inspection, Repair,
(D) Beginning October 4, 2021, at least
handset models the carrier offers and Maintenance; Correction
eighty-five (85) percent of those handset
models (rounded down to the nearest nationwide. AGENCY: Federal Motor Carrier Safety
whole number) must comply with the * * * * * Administration (FMCSA), DOT.
requirements set forth in paragraphs (3) * * * ACTION: Final rule; correction.
(b)(1) and (2) of this section. (iii) Beginning April 3, 2020, ensure
(2) * * * that at least sixty-six (66) percent of the SUMMARY: This notice makes corrections
(iii) Beginning April 3, 2019, each handset models it offers comply with to a final rule published in the Federal
Tier I carrier must ensure that at least paragraphs (b)(1) and (2) of this section, Register on July 22, 2016, regarding
sixty-six (66) percent of the handset calculated based on the total number of amendments to the Federal Motor
models it offers comply with paragraphs unique digital wireless handset models Carrier Safety Regulations in response to
(b)(1) and (2) of this section, calculated the carrier offers; several petitions for rulemaking and
based on the total number of unique (iv) Beginning April 3, 2023, ensure NTSB recommendations. The Agency
digital wireless handset models the that at least eighty-five (85) percent of makes several minor clerical corrections
carrier offers nationwide. Beginning the handset models it offers comply regarding the rear license plate lamp
April 4, 2022, each Tier I carrier must with paragraphs (b)(1) and (2) of this requirements and the periodic
ensure that at least eighty-five (85) section, calculated based on the total inspection requirements for antilock
percent of the handset models it offers number of unique digital wireless brake systems (ABS).
comply with paragraphs (b)(1) and (2) of handset models the carrier offers. DATES: This rule is effective September
Lhorne on DSK30JT082PROD with RULES
this section, calculated based on the * * * * * 2, 2016.
total number of unique digital wireless (e) * * * ADDRESSES: All background documents,
handset models the carrier offers (3) Beginning October 3, 2018, comments, and materials related to this
nationwide. manufacturers that offer four or five rule may be viewed in docket number
* * * * * digital wireless handset models in an air FMCSA–2015–0176 using either of the
(3) * * * interface must offer at least two handset following methods:
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![60634 Federal Register / Vol. 81, No. 171 / Friday, September 2, 2016 / Rules and Regulations
• Federal eRulemaking Portal: http:// The Agency corrects section 1.l.(4)(b) ■ 3. In Appendix G to subchapter B of
www.regulations.gov. of Appendix G to Subchapter B of chapter III, revise Section 1.l to read as
• Docket Management Facility (M– Chapter III, to read ‘‘only to the follows:
30), U.S. Department of Transportation, vehicle’s stop lamp circuit.’’ FMCSA
West Building Ground Floor, Room inadvertently omitted the phrase Appendix G to Subchapter B of Chapter
W12–140, 1200 New Jersey Avenue SE., ‘‘vehicle’s stop lamp circuit’’ in this III—Minimum Periodic Inspection
Washington, DC 20590–0001. section. Standards
FOR FURTHER INFORMATION CONTACT: Mr.
As noted in the final rule, the * * * * *
Mike Huntley, Vehicle and Roadside National Highway Traffic Safety 1. Brake System
Operations Division, Office of Bus and Administration had extended the
* * * * *
Truck Standards and Operations, compliance date for antilock brake
l. Antilock Brake System1 2 3
Federal Motor Carrier Safety systems (ABS) on hydraulic braked
(1) Missing ABS malfunction indicator
Administration, telephone: 202–366– vehicles from March 1, 1999, to
components (i.e., bulb, wiring, etc.).
5370; michael.huntley@dot.gov. Office September 1, 1999, but that action was (2) ABS malfunction indicator that does
hours are from 8 a.m. to 4:30 p.m. ET, limited to an extension of the not illuminate when power is first applied to
Monday through Friday, except Federal malfunction indicator lamp requirement the ABS controller (ECU) during initial
holidays. in S5.3.3(b) of FMVSS No. 105—and not power up.
for the general requirement to equip (3) ABS malfunction indicator that stays
SUPPLEMENTARY INFORMATION: hydraulic-braked vehicles with ABS. As illuminated while power is continuously
Public Participation such, all hydraulic-braked vehicles were applied to the ABS controller (ECU).
still expected to be equipped with ABS (4) ABS malfunction indicator lamp on a
Viewing Documents effective March 1, 1999. While FMCSA trailer or dolly does not cycle when electrical
To view comments submitted to included footnotes to help explain the power is applied (a) only to the vehicle’s
previous rulemaking documents on this different effective dates for the various constant ABS power circuit, or (b) only to the
subject, go to http:// ABS requirements in the Appendix G vehicle’s stop lamp circuit.
www.regulations.gov and click on the periodic inspection requirements, those (5) With its brakes released and its ignition
‘‘Read Comments’’ box in the upper footnotes are amended and repositioned switch in the normal run position, power
right hand side of the screen. Then, in to accurately reflect the effective dates unit does not provide continuous electrical
the ‘‘Keyword’’ box, insert ‘‘FMCSA– for the various ABS requirements in power to the ABS on any air-braked vehicle
2015–0176’’ and click ‘‘Search.’’ Next, Appendix G. it is equipped to tow.
click ‘‘Open Docket Folder’’ in the Lastly, section 1.l.(5) is amended to (6) Other missing or inoperative ABS
‘‘Actions’’ column. Finally, in the note that it only applies to towed components.
‘‘Title’’ column, click on the document vehicles equipped with air brakes. * * * * *
you would like to review. If you do not List of Subjects in 49 CFR Part 393 1 Power units manufactured after March 1,
have access to the Internet, you may 2001, have two ABS malfunction indicators,
view the docket online by visiting the Highway safety, Motor carriers, Motor
one for the power unit and one for the units
Docket Management Facility in Room vehicle safety. that they tow. Both malfunction indicators
W12–140 on the ground floor of the Accordingly, for reasons set forth in are required to be fully functional.
DOT West Building, 1200 New Jersey the preamble, FMCSA amends 49 CFR 2 Air-braked vehicles: Subsections (1)–(6)
Avenue SE., Washington, DC 20590, part 393 and appendix G to subchapter of this section are applicable to tractors with
between 9 a.m. and 5 p.m., ET, Monday B of chapter III as follows: air brakes built on or after March 1, 1997, and
through Friday, except Federal holidays. all other vehicles with air brakes built on or
PART 393—PARTS AND after March 1, 1998.
Privacy Act ACCESSORIES NECESSARY FOR 3 Hydraulic-braked vehicles: Subsections
All comments received were posted SAFE OPERATION (1)–(3) of this section are applicable to
without change to http:// vehicles over 10,000 lbs. GVWR with
■ 1. The authority citation for part 393
www.regulations.gov. In accordance hydraulic brakes built on or after September
continues to read as follows:
with 5 U.S.C. 553(c), DOT previously 1, 1999. Subsection (6) of this section is
solicited comments from the public to Authority: 49 U.S.C. 31136, 31151, and applicable to vehicles over 10,000 lbs. with
31502; sec. 1041(b) of Pub. L. 102–240, 105 hydraulic brakes built on or after March 1,
better inform its rulemaking process.
Stat. 1914, 1993 (1991); sec. 5524 of Pub. L. 1999.
DOT posted these comments, without 114–94, 129 Stat. 1312, 1560; and 49 CFR
edit, including any personal information 1.87. Issued under authority delegated in 49 CFR
the commenter provides, to 1.87. August 25, 2016.
www.regulations.gov, as described in ■ 2. In § 393.11, revise Footnote 11 of
Larry W. Minor,
the system of records notice (DOT/ALL– Table 1 to read as follows:
Associate Administrator for Policy.
14 FDMS), which can be reviewed at § 393.11 Lamps and reflective devices. [FR Doc. 2016–20927 Filed 9–1–16; 8:45 am]
www.dot.gov/privacy.
* * * * * BILLING CODE 4910–EX–P
Corrections Table 1 of § 393.11—Required Lamps
FMCSA is making minor corrections and Reflectors on Commercial Motor
to fix errors found in the final rule Vehicles
published on July 22, 2016. In § 393.11, * * * * *
Lhorne on DSK30JT082PROD with RULES
the Agency corrects Footnote 11 of Footnote—11 To be illuminated
Table 1 to read ‘‘No rear license plate when headlamps are illuminated. No
lamp is required on vehicles that do not rear license plate lamp is required on
display a rear license plate.’’ FMCSA vehicles that do not display a rear
inadvertently omitted the word ‘‘not’’ in license plate.
this footnote. * * * * *
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Document Created: 2018-02-09 11:55:27
Document Modified: 2018-02-09 11:55:27
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule; correction. | |
| Dates | This rule is effective September 2, 2016. | |
| Contact | Mr. Mike Huntley, Vehicle and Roadside Operations Division, Office of Bus and Truck Standards and Operations, Federal Motor Carrier Safety Administration, telephone: 202-366-5370; [email protected] Office hours are from 8 a.m. to 4:30 p.m. ET, Monday through Friday, except Federal holidays. | |
| FR Citation | 81 FR 60633 | |
| RIN Number | 2126-AB81 | |
| CFR Associated | Highway Safety; Motor Carriers and Motor Vehicle Safety |
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