[Federal Register: October 9, 1998 (Volume 63, Number 196)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
49 CFR Parts 395 and 396
[FHWA Docket No. FHWA-98-3414]
Out-of-Service Criteria; Extension of Comment Period
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Re-opening of docket; request for comments.
SUMMARY: The FHWA is re-opening Docket No. FHWA-98-3414 for a period of
sixty (60) days. On July 20, 1998, the FHWA published an advance notice
of proposed rulemaking (ANPRM) in which the agency sought comment
concerning use of the ``North American Uniform Out-of-Service
Criteria'' (OOS Criteria) (63 FR 38791). This action today is taken in
response to a written request from the Advocates for Highway and Auto
Safety (AHAS). The FHWA has determined that re-opening the docket is
appropriate given the complexity of the ANPRM and the need for informed
public comment. The docket will be open for an additional period of 60
DATES: Comments should be received on or before December 8, 1998.
ADDRESSES: Signed, written comments should refer to the docket number
appearing at the top of this document and must be submitted to the
Docket Clerk, U.S. DOT Dockets, Room PL-401, 400 Seventh Street, SW.,
Washington, DC 20590-0001. All comments received will be available for
examination at the above address between 10 a.m. and 5 p.m., e.t.,
Monday through Friday, except Federal holidays. Those desiring
notification of receipt of comments must include a self-addressed,
stamped envelope or postcard.
FOR FURTHER INFORMATION CONTACT: Mr. Robert F. Schultz, Jr., Office of
Motor Carrier Research and Standards (HCS-10), (202) 366-4009, or Mr.
Charles Medalen (HCC-20), Office of the Chief Counsel, (202) 366-1354,
Federal Highway Administration, Department of Transportation, 400
Seventh Street, SW., Washington, DC 20590. Office hours are from 7:45
a.m. to 4:15 p.m., e.t., Monday through Friday, except Federal
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
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:
On July 20, 1998 (63 FR 38791), the FHWA published an ANPRM
concerning use of the OOS Criteria, and requested comments on the
proposed amendments on or before September 18, 1998. The OOS Criteria
are a reference guide developed and maintained by the Commercial
Vehicle Safety Alliance (CVSA). They are not part of the Federal Motor
Carrier Safety Regulations. During roadside inspections, Federal, State
and local safety inspectors use the OOS Criteria as a guide in
determining whether to place commercial motor vehicles (CMVs) or
drivers of CMVs out-of-service. The guide enumerates conditions which
the CVSA membership has agreed are sufficiently hazardous to justify
restricting further operation.
Request for an Extension of the Comment Period
The AHAS requested an extension of thirty (30) days by letter dated
September 1, 1998. A copy of the letter will be placed in the docket.
The AHAS commented that additional time is needed to review the merits
of this action, and that other FHWA dockets closing at about the same
time have strained their resources.
Nineteen (19) responses to the ANPRM had been received as of
September 25, 1998. Other parties have orally expressed interest in
responding and have stated that they are having difficulty doing so by
The FHWA is mindful of the need for all interested parties to have
enough time to prepare relevant and useful comments. The FHWA has
determined that the complexity of the ANPRM and the prospect of
receiving additional responses to the ANPRM weighs in favor of re-
opening the docket for an additional period of 60 days.
The FHWA therefore is extending the comment period on FHWA Docket
No. FHWA-98-3414 for a 60-day period.
All comments received before the close of business on the comment
closing date 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
the comment closing date, and interested parties should continue to
examine the docket for new materials.
List of Subjects
49 CFR Part 395
Highway safety, Motor Carriers, Motor vehicle safety, Reporting and
49 CFR Part 396
Highway safety, Motor carriers, Motor vehicle safety, Reporting and
Authority: 49 U.S.C. 31133, 31136, 31310, and 31502; sec. 345,
Pub.L. 104-59, 109 Stat. 568, 613; and 49 CFR 1.48.
Issued on: October 2, 1998.
Kenneth R. Wykle,
Federal Highway Administrator.
[FR Doc. 98-27230 Filed 10-8-98; 8:45 am]
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