[Federal Register: March 6, 2007 (Volume 72, Number 43)]
[Notices]
[Page 9999]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06mr07-98]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2005-21323]
Withdrawal of Regulatory Guidance Concerning the Use of Surge
Brakes on Commercial Motor Vehicles
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice; withdrawal of regulatory guidance.
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SUMMARY: FMCSA withdraws all prior regulatory guidance, previously in
the Federal Register, as well as memoranda and letters issued by the
Agency, indicating that surge brakes do not meet certain provisions of
the Federal Motor Carrier Safety Regulations (FMCSRs). Elsewhere in
today's issue of the Federal Register, FMCSA amends the FMCSRs to allow
the use of automatic hydraulic inertia brake systems (surge brakes) on
trailers when the ratios of gross vehicle weight ratings for the
towing-vehicle and trailer are within certain limits.
FOR FURTHER INFORMATION CONTACT: Mr. Luke Loy, Federal Motor Carrier
Safety Administration, Office of Policy and Program Development,
Vehicle and Roadside Operations Division, Washington, DC 20590, phone
(202) 366-0676, fax (202) 366-8842, e-mail luke.loy@dot.gov.
SUPPLEMENTARY INFORMATION: On November 17, 1993, the Federal Highway
Administration (FHWA) \1\ published "Regulatory Guidance for the
Federal Motor Carrier Safety Regulations," at 58 FR 60734. The
publication included interpretations of 49 CFR 393.48, a rule that
requires brakes to be operable at all times, and 49 CFR 393.49, the
requirement that the braking system on CMVs be designed such that one
brake application valve controls all the brakes on the vehicle. The
Agency interpreted the regulations to prohibit the use of surge brakes
on Commercial Motor Vehicles (CMVs) operated in interstate commerce.
The regulatory guidance was republished on April 4, 1997, at 62 FR
16370.
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\1\ The Motor Carrier Safety Improvement Act of 1999 [Public Law
106-159, 113 Stat. 1748 (December 9, 1999)] established the FMCSA in
the Department of Transportation. On January 4, 2000, the Office of
the Secretary published a final rule delegating to the FMCSA
Administrator the motor carrier safety functions required by MCSIA,
which included certain motor carrier safety functions previously
delegated to the FHWA (65 FR 200).
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The FMCSA subsequently issued an Enforcement Policy memorandum on
September 14, 2004, directing Federal enforcement staff, and requesting
State and local enforcement officials, temporarily to allow surge
brakes on CMVs operated in interstate commerce, under certain
conditions, pending completion of a notice-and-comment rulemaking
proceeding through which a determination would be made whether surge
brakes should be allowed on a permanent basis. A copy of that
Enforcement Policy memorandum is in the docket cited at the beginning
of this notice.
A final rule issued by FMCSA, published elsewhere in today's issue
of the Federal Register, amends the FMCSRs to allow the use of surge
brakes. The final rule defines the term "surge brake", identifies the
requirements for a surge brake system, and allows the use of automatic
hydraulic inertia brake systems (surge brakes) on trailers when the
ratios of gross vehicle weight ratings for the towing-vehicle and
trailer are within certain limits. Therefore, in consideration of the
final rule on surge brakes, the Agency withdraws all prior
interpretations and regulatory guidance, issued previously in the
Federal Register, as well as FMCSA memoranda and letters, stating that
surge brakes do not meet the requirements of 49 CFR 393.48 and 393.49.
Issued on: February 26, 2007.
John H. Hill,
Administrator.
[FR Doc. E7-3813 Filed 3-5-07; 8:45 am]
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