[Federal Register: May 5, 1999 (Volume 64, Number 86)]
[Proposed Rules]
[Page 24128-24129]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05my99-26]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
49 CFR Parts 390 and 396
[FHWA Docket No. FHWA-98-3656]
RIN 2125-AE40
General Requirements; Inspection, Repair, and Maintenance;
Intermodal Container Chassis and Trailers
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Extension of comment period.
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SUMMARY: The FHWA is extending the comment period for its February 17,
1999, advance notice of proposed rulemaking (ANPRM) in which the agency
announced that it was considering revisions to the requirements in
parts 390 and 396 of the Federal Motor Carrier Safety Regulations
(FMCSRs) that place upon motor carriers the responsibility for
maintaining intermodal container chassis and trailers. The rulemaking
was initiated in response to a petition filed by the American Trucking
Associations, Inc. (ATA) and the ATA Intermodal Conference (the
petitioners). In the petition, the petitioners contend that motor
carriers have no opportunity to maintain this equipment and parties who
do have the opportunity often fail to do so. The petitioners now
request that the FHWA extend the comment period to allow them
additional time to collect and analyze certain data needed to respond
to the specific questions asked in the ANPRM. In response to the
petitioners' request for an extended comment period, the National
Association of Waterfront Employers (NAWE) and the National Maritime
Safety Association (NMSA) also requested an extension of time to file
their comments, but 30 days beyond anytime the FHWA may grant to the
petitioners. The FHWA has determined that granting an extension is
appropriate given the types of questions asked in the ANPRM and the
need for informed responses from potential commenters. The FHWA also
has determined that granting the NAWE and the NMSA a further 30-day
extension beyond that afforded to petitioners is not appropriate.
DATES: Comments must be received on or before August 30, 1999.
ADDRESSES: Signed, written comments should refer to the docket number
that appears at the top of this document and must be submitted to the
Docket Clerk, U.S. DOT Dockets, Room PL-401, 400 Seventh Street, SW.,
Washington, D.C. 20590-0001. All comments received will be available
for examination at the above address between 9 a.m. and 5 p.m., e.t.,
Monday through Friday, except Federal holidays. Those desiring
notification of receipt of comments must include a self-addressed,
stamped envelope or postcard.
FOR FURTHER INFORMATION CONTACT: Mr. Richard H. Singer, Office of Motor
Carrier Research and Standards, HMCS-10, (202) 366-4009; or Mr. Charles
E. Medalen, Office of the Chief Counsel, HCC-20, (202) 366-1354,
Federal Highway Administration, 400 Seventh Street, SW., Washington,
D.C. 20590. [TDD number for the hearing impaired: 1-800-699-7828]
Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday through
Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access
Internet users can access all comments received by the U.S. DOT
Dockets, Room PL-401, by using the universal resource locator (URL):
http://dms.dot.gov. It is available 24 hours each day, 365 days each
year. Please follow the instructions online for more information and
help.
An electronic copy of this document may be downloaded using a modem
and suitable communications software from the Government Printing
Office's Electronic Bulletin Board Service at (202) 512-1661. Internet
users may reach the Federal Register's home page at http://
www.nara.gov/fedreg and the Government Printing Office's database at
http://www.access.gpo.gov/nara.
Background
The American Trucking Associations, Inc. and the ATA Intermodal
Conference filed a petition for rulemaking on March 17, 1997, to amend
49 CFR parts 390 and 396 of the FMCSRs. The petitioners asked the FHWA
to require parties that tender intermodal equipment to motor carriers
to ensure the ``roadworthiness'' of that equipment. The petitioners
argue that poor maintenance of intermodal equipment is a serious safety
problem and request the FHWA to make the owner or operator of such
equipment responsible for the roadworthiness of the vehicles it tenders
to motor carriers.
On February 17, 1999, the FHWA published an ANPRM (64 FR 7849)
seeking information on the extent of the problem identified by the
petitioners, and public comments on the solution proposed by the
petitioners, i.e., to mandate joint responsibility between the
equipment provider and the motor carrier for maintaining this type of
intermodal equipment. The closing date for comments was April 19, 1999.
On April 2, 1999, the FHWA received a request from the petitioners
to extend the comment period. The petitioners indicated that they have
been trying to develop current and accurate information to respond to
the specific questions the FHWA asked in the ANPRM. The petitioners
have submitted a request for roadside inspection data from the FHWA's
Office of Data Analysis and Information Systems. The petitioners will
analyze inspection data for 100 motor carriers that operate exclusively
in the intermodal segment of the trucking industry. The petitioners
believe that because of the nature of these motor carrier operations,
and the diversity of their geographic locations, the information could
be useful in responding to certain questions in the ANPRM. A copy of
the petitioners' request for an extension of the comment period is
included in Docket No. FHWA-98-3656.
On April 13, 1999, the FHWA received a request on behalf of the
NAWE and the NMSA for an extension of time for ``opponents'' of the
rulemaking requested by ATA to file comments. The NAWE and the NMSA
believe that the Carriers Container Council, Inc. and the United States
Maritime Alliance, Ltd. will also submit a similar request, but it has
not yet been received by the FHWA. Furthermore, the NAWE and the NMSA
would like ``an extension to 30 days beyond any enlarged date which the
Agency may grant to the Petitioners.'' They believe ``only under this
procedure will opponents of Petitioners'' proposed rule be able to
examine Petitioners' evidence in any meaningful manner, and be in a
position to respond.'' The NAWE and the NMSA further state ``We
recognize that the Agency bears the ultimate burden of persuasion
should the Agency decide to further pursue a rulemaking. However, under
the circumstances, we submit that only an adversarial type proceeding
strictly adhering to APA [Administrative Procedures Act] requirements
will produce a reliable and factual record.'' A copy of the NAWE and
NMSA request for an extension of the comment period is also included in
Docket No. FHWA-98-3656.
[[Page 24129]]
FHWA Decision
The FHWA has determined that the comment period should be extended
for approximately 120 days, given the difficulty that interested
parties are, or may be experiencing, in gathering and analyzing
roadside inspection and maintenance data necessary to provide
meaningful responses to the questions asked in the ANPRM. The FHWA is
mindful of the need for all interested parties to have enough time to
prepare relevant and useful comments. Therefore, the FHWA is extending
the comment period on Docket No. FHWA-98-3656 to August 30, 1999.
All comments received before the close of business on August 30,
1999, will be considered and will be available for examination in the
docket at the above address. Comments received after the closing date
will be filed in the docket and will be considered to the extent
practicable. In addition to late comments, the FHWA will continue to
file relevant information in the docket as it becomes available after
August 30, 1999, and interested parties should continue to examine the
docket for new materials.
The FHWA will not grant the NAWE and the NMSA an extension of time
to file comments that is not afforded to other commenters. This is an
ANPRM in which the FHWA notified the public that they were considering
an area for rulemaking and requested written comments by April 19,
1999, on the appropriate scope of the rulemaking and on specific
topics. The agency believes that the ANPRM rulemaking can be extremely
helpful in narrowing the issues during the public comment period on the
proposed rule. We have determined that granting an extension of the
comment period to petitioners is appropriate, but we cannot extend the
comment period for one group beyond a period that is not afforded to
others. Informal rulemakings under the APA are not adversarial
proceedings, though parties often disagree on the need for, or content
of, rules. If the agency decides to publish a notice of proposed
rulemaking in the future, interested parties (including the NAWE and
the NMSA) will be given an opportunity to respond to comments submitted
by the ATA and others in the ANPRM, and they can submit written data,
views, or arguments on the proposal. Accordingly, the FHWA will not
grant the NAWE and the NMSA's 30-day extension request to file comments
beyond the date granted to petitioners.
List of Subjects
49 CFR Part 390
Highway safety, Highways and roads, Motor carriers, Motor vehicle
identification and marking, Reporting and recordkeeping requirements.
49 CFR Part 396
Highway safety, Highways and roads, Motor carriers, Motor vehicle
maintenance, Motor vehicle safety, Reporting and recordkeeping
requirements.
Authority: 49 U.S.C. 504, 31133, 31136, and 31502; and 49 CFR
1.48.
Issued on: April 27, 1999.
Gloria J. Jeff,
Federal Highway Deputy Administrator.
[FR Doc. 99-11213 Filed 5-4-99; 8:45 am]
BILLING CODE 4910-22-P
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