
[Federal Register: June 4, 2010 (Volume 75, Number 107)]
[Notices]               
[Page 31836-31837]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04jn10-105]                         

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

 
Withdrawal of Regulatory Guidance Concerning the Federal Motor 
Carrier Safety Regulations

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice; withdrawal of regulatory guidance.

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SUMMARY: FMCSA announces the withdrawal of a number of items of 
regulatory guidance concerning the Federal Motor Carrier Safety 
Regulations (FMCSRs) that are now obsolete as a result of rules 
published by FMCSA and found in 49 CFR part 393, ``Parts and 
accessories necessary for safe operation.'' All prior interpretations 
and regulatory guidance concerning the applicability of the obsolete 
FMCSRs that were published in the Federal Register, as well as 
memoranda and letters concerning those regulations, may no longer be 
relied upon as authoritative if they are inconsistent with the revised 
and/or amended regulations.

DATES: Effective Date: This regulatory guidance is effective on June 4, 
2010.

FOR FURTHER INFORMATION CONTACT: Ms. Deborah M. Freund, Vehicle and 
Roadside Operations Division, Office of Bus and Truck Standards and 
Operations, (202) 366-5370, Federal Motor Carrier Safety 
Administration, 1200 New Jersey Ave., SE., Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION: 

Legal Basis

    The Motor Carrier Safety Act of 1984 (Pub. L. 98-554, Title II, 98 
Stat. 2832, October 30, 1984) (the 1984 Act) provides authority to 
regulate drivers, motor carriers, and vehicle equipment. It requires 
the Secretary of Transportation (Secretary) to prescribe regulations on 
minimum safety standards for commercial motor vehicle (CMV) safety. At 
a minimum, the regulations shall ensure that: (1) CMVs are maintained, 
equipped, loaded, and operated safely; (2) the responsibilities imposed 
on operators of CMVs do not impair their ability to operate the 
vehicles safely; (3) the physical condition of operators of CMVs is 
adequate to enable them to operate the vehicles safely; and (4) the 
operation of CMVs does not have a deleterious effect on the physical 
condition of the operators (49 U.S.C. 31136(a)). Section 211 of the 
1984 Act also grants the Secretary broad power, in carrying out

[[Page 31837]]

motor carrier safety statutes and regulations, to ``prescribe 
recordkeeping and reporting requirements'' and to ``perform other acts 
the Secretary considers appropriate'' (49 U.S.C. 31133(a)(8) and (10)). 
The FMCSA Administrator has been delegated authority under 49 CFR 
1.73(g) to carry out the functions vested in the Secretary by 49 U.S.C. 
chapter 311, subchapters I and III, relating to CMV programs and safety 
regulation.
    Members of the motor carrier industry and other interested parties 
may access FMCSA's guidance through FMCSA's Internet site at http://
www.fmcsa.dot.gov. Specific questions addressing any of the 
interpretive material withdrawn in this document should be directed to 
the contact person listed earlier under FOR FURTHER INFORMATION 
CONTACT, or to the FMCSA Division Office in each State.

Basis for the Notice

    On February 12, 2008, the Commercial Vehicle Safety Alliance (CVSA) 
petitioned FMCSA to withdraw certain regulatory guidance concerning 49 
CFR part 393. The regulatory guidance that was the subject of the 
petition had been made obsolete by final rules concerning (1) 
protection against shifting and falling cargo, and (2) general 
amendments to Part 393 of the FMCSRs.
    For the reasons set forth below, FMCSA granted the CVSA's petition 
on July 9, 2009:

Protection Against Shifting and Falling Cargo

    FMCSA published a final rule on September 27, 2002 (67 FR 61212), 
revising the regulations in 49 CFR part 393 concerning protection 
against shifting and falling cargo for CMVs engaged in interstate 
commerce. The previous cargo securement regulations required all cargo-
carrying CMVs to be equipped with devices that provided protection 
against shifting or falling cargo and that met the requirements of one 
of four ``options'' (Options A, B, C, or D). The September 2002 cargo 
securement final rule replaced Options A through D with: (1) More 
comprehensive, performance-based, general requirements; and (2) 
detailed requirements for a number of specific commodities, the proper 
securement of which generated the most disagreement between industry 
and enforcement agencies. Because Options A through D are no longer a 
part of the cargo securement regulations, the regulatory guidance 
provided in questions 2, 5, and 6 to section 393.100 (reference 62 FR 
16419, dated April 4, 1997) is no longer valid and is hereby withdrawn.

General Amendments to Part 393

    FMCSA published a final rule on August 15, 2005 (70 FR 48008), 
amending part 393 of the FMCSRs. As part of this rule, FMCSA clarified 
that CMVs must have both windshield wiping and windshield washing 
systems that meet the requirements of Federal Motor Vehicle Safety 
Standard No. 104, ``Windshield wiping and washing systems.'' As such, 
the regulatory guidance provided in question 1 to section 393.78 
(reference 62 FR 16418, dated April 4, 1997) is no longer valid and is 
hereby withdrawn.
    FMCSA further clarified that the requirements of section 393.201 
apply to all CMVs, including trailers, and not only buses, trucks, and 
truck tractors. As such, the regulatory guidance provided in question 2 
to section 393.201 (reference 62 FR 16419, dated April 4, 1997) is no 
longer valid and is hereby withdrawn.
    FMCSA also revised section 393.201(d) to make the regulation more 
practical. Paragraph (d) was intended to prohibit welding on vehicle 
frames constructed of certain types of steel that are weakened by the 
welding process. However, the previous wording was overly restrictive. 
To address this issue, paragraph (d) now allows welding which is 
performed in accordance with the vehicle manufacturer's 
recommendations, and therefore, the regulatory guidance provided in 
question 3 to section 393.201 is now redundant, no longer necessary, 
and hereby withdrawn.

Decision

    For the reasons presented above, FMCSA removes the following 
regulatory guidance: Section 393.78, question 1; section 393.100, 
questions 2, 5, and 6; and section 393.201, questions 2 and 3, 
published online at http://www.fmcsa.dot.gov/rules-regulations/
administration/fmcsr/FmcsrGuideDetails.aspx?menukey=393.

    Issued on: May 26, 2010.
Anne S. Ferro,
Administrator.
[FR Doc. 2010-13401 Filed 6-3-10; 8:45 am]
BILLING CODE 4910-EX-P

