[Federal Register Volume 63, Number 6 (Friday, January 9, 1998)]
[Rules and Regulations]
[Pages 1383-1388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-567]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
49 CFR Part 393
[FHWA Docket No. MC-97-5; FHWA-97-2364]
RIN 2125-AD40
Parts and Accessories Necessary for Safe Operation; Glazing in
Specified Openings
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Final rule.
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SUMMARY: The FHWA is revising its requirements concerning glazing
materials, windshield condition, coloring and tinting of windshields
and windows, and obstructions to the driver's field of view for
commercial motor vehicles operated in interstate commerce. The revision
is intended to remove obsolete regulatory language, establish
requirements that are more performance-based than the previous
requirements, and respond to requests for waivers to allow the use of
windshield-mounted transponders. On April 14, 1997, the FHWA published
a notice of proposed rulemaking (NPRM) in which the agency proposed
general amendments to part 393 of the Federal Motor Carrier Safety
Regulations (FMCSRs), Parts and Accessories Necessary for Safe
Operation. The proposed amendments covered a wide range of topics,
including the subjects of this rule. Upon review of the docket comments
and recent requests for waivers, the agency has decided to issue a
final rule on glazing materials, windshields and windows and to
publish, at a later date, a final rule on the remaining issues covered
in the April 14, 1997, NPRM. As a result of this rulemaking, motor
carriers operating under the terms of the March 6, 1995, waiver granted
for the ADVANTAGE I-75 and Heavy Vehicle Electronic License Plate, Inc.
programs are no longer required to comply with the conditions
prescribed by the waiver.
EFFECTIVE DATE: February 9, 1998.
FOR FURTHER INFORMATION CONTACT: Mr. Larry W. Minor, Office of Motor
Carrier Research and Standards, HCS-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. Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday
through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Background
On December 7, 1988, the FHWA published a final rule on parts and
accessories necessary for safe operation (53 FR 49380). The final rule
included amendments to the requirements of 49 CFR part 393 for lamps
and reflective devices, brake systems, fuel systems, frames and frame
assemblies, suspension systems, steering systems, and axle assemblies.
This action was taken to implement sections 206 and 210 of the Motor
Carrier Safety Act of 1984 (the Act), 49 U.S.C. 31136 and 31142, and to
ensure that commercial motor vehicles are equipped with all parts and
accessories considered necessary for safe operation. Since the
publication of the final rule, the FHWA has received numerous petitions
for rulemaking and requests for interpretation of the requirements of
part 393 which have raised the need for additional amendments to
clarify several provisions of the 1988 final rule. In addition, the
National Highway Traffic Safety Administration (NHTSA), the Federal
agency responsible for establishing safety standards for the
manufacture of motor vehicles and certain motor vehicle equipment, has
made several amendments to its Federal Motor Vehicle Safety Standards
(FMVSSs) that necessitate amendments to the FMCSRs in order to
eliminate inconsistencies between part 393 and the FMVSSs.
On April 14, 1997, the FHWA published a notice of proposed
rulemaking (NPRM) to amend part 393 of the FMCSRs (62 FR 18170). The
proposed amendments were intended to remove obsolete and redundant
regulations; respond to several petitions for rulemaking; provide
improved definitions of vehicle types, systems, and components; resolve
inconsistencies between part 393 and the NHTSA's FMVSSs (49 CFR 571);
and codify certain FHWA regulatory guidance concerning the requirements
of part 393. The comment period was extended to July 28, 1997, at 62 FR
32066 on June 12, 1997.
[[Page 1384]]
As part of the NPRM, the FHWA proposed revising Sec. 393.60,
Glazing in specified openings. The agency proposed requiring that
glazing material used in windshields, windows and doors of commercial
motor vehicles manufactured on or after December 25, 1968, meet the
requirements of FMVSS No. 205 in effect on the date of manufacture of
the vehicle. The agency also proposed including a requirement that each
bus, truck, and truck-tractor be equipped with a windshield.
With regard to coloring or tinting of windshields and side windows,
the FHWA proposed revising the requirements to codify regulatory
guidance on this topic. Coloring or tinting of windshields and the
windows to the immediate right and left of the driver would be allowed
provided the parallel luminous transmittance through the colored or
tinted glazing is not less than 70 percent of the light at normal
incidence in those portions of the windshield or windows which are
marked as having a luminous transmittance of at least 70 percent.
The FHWA proposed revising Sec. 393.60(c) concerning restrictions
on the use of vision-reducing matter on windshields. The proposed
revision was intended to eliminate the need for motor carriers to
petition the FHWA for waivers to allow the use of windshield-mounted
transponders and similar devices. The preamble to the NPRM stated:
On March 6, 1995, the FHWA granted a petition from the
Commonwealth of Kentucky, and Heavy Vehicle Electronic License
Plate, Inc. (HELP) requesting a waiver from the requirements of
Sec. 393.60(c) to allow mounting of an automatic vehicle
identification transponder at the upper border of the windshields of
commercial motor vehicles (60 FR 12146). The waiver was necessary
because Sec. 393.60(c) prohibits the operation of a commercial motor
vehicle with vision-reducing matter covering any portion of the
windshield with certain exceptions for decals required by law and
affixed to the bottom of the windshield.
In evaluating the requests for waivers to Sec. 393.60(c), the
FHWA reviewed automotive engineering recommended practices, the
NHTSA's FMVSSs, and recent research concerning driver's field of
view. The agency also examined current commercial motor vehicle cab
designs related to placement of interior mirrors and sun visors
which occupy approximately the same space proposed for the
transponder. Based upon the information obtained from this review,
the FHWA concluded that a transponder mounted at the approximate
center of the top of the windshield would be extremely unlikely to
create a situation inconsistent with the safe operation of a
commercial motor vehicle. This location is well outside the area
recommended for windshield wiper sweep under the SAE recommended
practice J198, Windshield Wiper Systems--Trucks, Buses, and
Multipurpose Vehicles, and the area recommended for windshield
defrosting under J342, Windshield Defrosting Systems Performance
Guidelines--Trucks, Buses, and Multipurpose Vehicles. The findings
of recent research reports on the subject also suggested that the
location of an object, such as a transponder device, near the upper
margin of a windshield is unlikely to have any effect on a driver's
ability to observe nearby objects, such as pedestrians.
The NPRM indicated the agency would allow the installation of
antennas, transponders, and similar devices in the upper margin of
windshields for the reasons presented in the notice granting the
waiver. These devices could not be placed lower than 152 mm (6 inches)
from the upper edge of the windshield, must be outside the area swept
by the windshield wipers, and must be outside the driver's sight lines
to the road and highway signs or signals. The proposed amendment would
codify the March 6, 1995, waiver and help to promote the use of
advanced technologies to improve the efficiency and safety of operation
of commercial motor vehicles.
On the subject of limitations on the placement of decals and
stickers at the bottom of the windshield, the FHWA proposed adopting a
performance-based requirement that decals required by law must not
obstruct the driver's view of the road or traffic signs.
Discussion of Comments to the NPRM
The FHWA received 35 comments in response to the NPRM. The
commenters were: Air Ride Control, Inc.; Amerex Corporation; the
American Trucking Associations (ATA) (two submissions to the docket);
Burns Consulting Associates; Colorado Department of Public Safety;
Commercial Vehicle Safety Alliance (CVSA) (two submissions to the
docket); Robert J. Crail, a transportation engineering consultant; W.
E. Currie, a consulting engineer; Dana Corporation, Boston Weatherhead
Division; Electronic Controls Company; Elf Atochem North America, Inc.;
Grote Industries, Inc.; Huls America, Inc.; Lufkin Trailers; Mark IV
Industrial--Dayco Eastman; The Commonwealth of Massachusetts,
Department of Public Utilities; National Association of State Fire
Marshals; National Association of Trailer Manufacturers; National
Automobile Dealers Association; National Automobile Transporters
Association; National Propane Gas Association; Oklahoma Highway Patrol;
Parker Hannifin Corporation (two submissions to the docket); Rockwell
International Corporation (the automotive division of Rockwell is now
Meritor Automotive); Star Headlight and Lantern Company, Inc.;
Transportation Safety Equipment Institute; Truck Manufacturers
Association; Truck Trailer Manufacturers Association; UBE Industries
(America), Inc.; Donald H. Verhoff; and, Wells Cargo, Inc.
The ATA and the CVSA were the only commenters to discuss the
proposed revision of Sec. 393.60. The CVSA supported the proposal to
allow the use of windshield-mounted transponders and recommended that
the revision be expedited.
The ATA opposed the proposed reference to FMVSS No. 205, concerning
manufacturing standards for glazing material, and the proposed
requirement that all commercial motor vehicles be equipped with
windshields. The ATA also expressed concern about the proposed
regulatory language concerning prohibitions on obstructions to the
drivers field of view. The ATA stated:
[M]otor carriers can not test to assure that a component or
system meets the FMVSS. By referencing the American National
Standards Institute (ANSI) standard ANS Z26, the FMVSS requires that
glazing be tested for, among many other things, chemical resistance.
Performing this test requires, as one testing agent, gasoline of a
certain Isooctane type and content. It is completely unreasonable to
believe that any carrier is ever going to understand what such a
fluid is, let alone purchase it for testing glazing.
Carriers can, however, assure that glazing material is marked in
accordance with FMVSS 205.S6. This is the type of indication which
the manufacturers make to show compliance with the FMVSS. We believe
such marking is necessary for all components which the agency
believes motor carriers must show were constructed in compliance
with the FMVSS.
The ATA also expressed concern about the proposed requirement
for windshields.
The ATA believes an exemption is needed for the transportation of
vehicles such as ``chassis cowls'' between truck manufacturers and
final stage manufacturers. The incomplete vehicles often have no
windshield, windshield wipers or washers, heater-defroster, or
speedometer. The ATA indicated the movement of this equipment is
typically across town to a ``body builders'' facility.
With regard to the proposed language concerning prohibitions on
obstructions to the driver's field of view, the ATA believes the
wording about decals is ``too liberal.'' The ATA stated:
It will once again allow state and federally required material
to be affixed to the top, bottom, and sides of a windshield. We
recognize that new technology has created the need for transponders
and similar equipment. We also understand that CVSA
[[Page 1385]]
decals should be affixed to windshields but are not required by law
and so need an exemption for such placement. And we can not forget
how bad this can get without stringent control.
Many windshields have curved sides which are not swept by the
wipers. Under FHWA/OMC's new wording this will become fertile glass
for the planting of new stickers. To control the desire to use the
windshield as a billboard, we suggest the following:
(2) Decals and stickers mounted on the windshield. Commercial
Vehicle Safety Alliance (CVSA) inspection decals, and stickers and/
or decals required under federal or state laws may be placed at the
bottom or sides of the windshield provided such decals or stickers
do not extend upward more than 4\1/2\ inches (11.5 cm) from the
bottom of the windshield and are located outside the area swept by
the windshield wipers, and outside the driver's sight lines to the
road and highway signs or signals.
FHWA Response to Comments
The FHWA agrees with the CVSA's recommendation that the revision
concerning windshield-mounted transponders and similar devices should
be expedited. The agency acknowledges the ATA's concerns about Federal-
and State-required decals being applied to inappropriate areas of the
windshields of commercial motor vehicles, and has modified the
regulatory language accordingly. However, for the reasons discussed
below, the FHWA disagrees with the ATA's argument that motor carriers
are not able to comply with the requirement to ensure that their
commercial motor vehicles are equipped with windshields which meet the
requirements of FMVSS No. 205. The agency also disagrees with the ATA's
argument about the need for a driveaway exemption for the operation of
incomplete motor vehicles.
The Use of Windshield-Mounted Transponders on Commercial Motor Vehicles
The FHWA is aware of two Intelligent Transportation Systems (ITS)
programs that need regulatory relief from Sec. 393.60(c) to allow the
use of windshield-mounted transponders: the International Borders
Clearance Program (the Borders Clearance Program), and the Oregon Green
Light Electronic Clearance Operational Test Project (Green Light
Project). The revised regulation will allow motor carriers
participating in the Borders Clearance Program and Green Light Project,
as well as carriers participating in future programs intended to
improve efficiency and highway safety, to mount automatic vehicle
identification (AVI) transponders at the top of the windshield (near
the centerline or middle) of their commercial motor vehicles (CMVs).
The Borders Clearance Program is an element of the FHWA's ITS
program that is designed to develop and demonstrate the integration of
ITS technology (i.e., electronic pre-clearance, AVI transponders on
vehicles, and AVI readers and other state-of-the-art communications and
information systems) into an international border clearance system for
CMVs operating between the United States, Canada, and Mexico. The
Borders Clearance Program will allow the CMVs that meet safety and
operational requirements to pass through border crossings with minimal
delays. Currently, field operational tests (FOTs) to demonstrate the
use of ITS technology are being planned for international border
clearance sites on the Northern border (Buffalo, New York, and Detroit,
Michigan) and on the Southern border (Otay Mesa, California, and
Nogales, Arizona). Also FOTs are being developed for international
border crossing sites in El Paso and Laredo, Texas; Blaine, Washington;
and Sweetgrass, Montana.
The FOTs are intended to demonstrate an approach for standardizing
data/information exchange systems between various U.S. Federal agencies
(the Customs Service, the Immigration and Naturalization Service, and
the Department of Transportation) with regulatory/enforcement
responsibilities in border areas. This program will result in improved
efficiency and effectiveness of activities at the border crossings and
streamline the processes for ensuring safe CMV operations and verifying
the credentials of motor carriers. Other important aspects of these
initiatives include: the incorporation of the U.S. Treasury
Department's North American Trade Automation Prototype (NATAP) project;
examination of methods to make electronic information secure; and on-
board processing of CMV safety information.
The FOTs are scheduled for completion by the end of 1999. The next
step in the Borders Clearance Program would be to move toward the model
deployment phase, focusing on deploying international border crossing
systems at high priority sites.
Like the ADVANTAGE I-75 and HELP programs discussed earlier in this
document, the Borders Clearance Program is dependent on the use of AVI
transponders transmitting and receiving information to and from
inspection stations. The transponders that will be used for the Borders
Clearance Program are the same size as those used for the other
programs and would be placed at the top of the windshield, near the
centerline or middle of the CMV. The reasons for choosing this location
are the same as those presented by ADVANTAGE I-75 and HELP programs.
The Green Light Project is part of the State of Oregon's ITS
Commercial Vehicle Operations' Program. The project involves the
testing of mainline pre-clearance systems featuring state-of-the-art
weigh-in-motion and AVI devices compatible with systems in other
jurisdictions. In addition, certain sites will be equipped with data
collection systems for use in enforcing safety and weight regulations.
Other sites will be equipped with safety enhancement technologies,
including highway warning systems for weather-related hazards and
downhill truck speed information systems.
The Green Light Project is dependent on the use of AVI transponders
transmitting and receiving information to and from inspection stations.
The transponders that will be used for the Green Light Project are the
same size as those used for the programs previously mentioned and would
be placed at the top of the windshield, near the centerline or middle
of the CMV. The reasons for choosing this location are the same as
those presented by the programs previously mentioned.
The FHWA has reviewed the operational needs of the Borders
Clearance Program and Green Light Project and the comments received in
response to the April 14, 1997, NPRM and has determined that revising
Sec. 393.60 to allow the use of windshield-mounted transponders and
similar devices will help to promote increased efficiency and safety of
motor carrier operations. The agency has reviewed accident reports
concerning the transponder-equipped CMVs operating under the terms of
the 1995 waiver and has determined that there have been no accidents
(as defined in Sec. 390.5) that could be attributed to the mounting of
the transponders in the uppermost area of the center of the windshields
of those CMVs. Therefore, the real-world experience of the motor
carriers operating approximately 10,000 transponder-equipped CMVs
indicates that allowing other CMVs to be similarly equipped is
consistent with the public interest and the safe operation of CMVs.
Cross-Reference to FMVSS No. 205
The FHWA does not believe the ATA's concerns about cross-
referencing FMVSS No. 205 are warranted. The regulatory language
proposed did not include a requirement for motor carriers to conduct
certification testing of
[[Page 1386]]
glazing materials in order to verify that windshields meet the
manufacturing standard.
Motor vehicle manufacturers must certify that the vehicles they
manufacture for sale and use in the United States meet all applicable
Federal Motor Vehicle Safety Standards issued by the NHTSA. In certain
cases, the vehicle safety standards require motor vehicle equipment to
be marked by the equipment manufacturer to certify that the product
meets the applicable safety standard (e.g., retroreflective sheeting
for use on trailers manufactured on or after December 1, 1993, are
marked with DOT-C2, DOT-C3, or DOT-C4, depending on the width of the
tape).
Through cross-references to the FMVSSs, the FHWA places upon motor
carriers the responsibility for being knowledgeable about the Federal
manufacturing standards that are applicable to heavy trucks, buses, and
trailers. Motor carriers have the responsibility of purchasing vehicles
and components from manufacturers that are capable of certifying the
products they are selling meet the applicable Federal manufacturing
standards. If the commercial motor vehicle is damaged during its
service life, or components wear out and require replacement, motor
carriers are required to have the vehicle properly repaired by
knowledgeable and capable maintenance personnel. Maintenance personnel
should recognize that there are Federal safety standards and be capable
of determining whether the repairs being performed will restore the
vehicle to its previous condition.
Looking specifically at the cross-reference to FMVSS No. 205,
vehicle manufacturers are responsible for ensuring that original
windshields and windows installed in new motor vehicles meet the
applicable requirements. With certain exceptions, the glazing material
is required to be marked by the glazing manufacturer. Therefore motor
carriers need only look for the certification label or tag (required by
49 CFR 567) for the new vehicle, and the certification marking
(required by 49 CFR 571.205) on the glazing (i.e., windshields and
windows) to determine whether the manufacturers have certified that the
vehicle and glazing meet the applicable Federal requirements. If the
windshield has to be replaced at a later date, the motor carrier need
only ensure the repair facility or supplier of the replacement
windshield is knowledgeable about the Federal standards applicable to
glazing materials. The FHWA is not aware of any evidence of fraudulent
certification and marking of windshields.
The argument by the ATA that motor carriers would be required to
understand, in whole or in part, the test procedures that manufacturers
are required to follow, or conduct testing in order to ensure
compliance with the cross-referenced standard, is without basis. The
FMCSRs have for more than 25 years included cross-references to the
FMVSSs (e.g., FMVSS No. 105, concerning hydraulic brake systems, and
No. 121 concerning air brake systems) with an apparently clear
understanding by the vast majority of the regulated industry that motor
carriers are not required to conduct certification testing. Although
motor carriers and vehicle manufacturers have requested interpretations
on numerous aspects of part 393 of the FMCSRs, the cross-references to
the FMVSSs do not appear to have raised a discernible level of
confusion or concern. Therefore, the FHWA has retained the cross-
reference to FMVSS No. 205.
Requirement for Vehicles To Be Equipped With Windshields
The FHWA does not believe it is necessary to include in the final
rule requiring windshields an exemption for driveaway operations. The
scenario the ATA described would be considered the operation of a
commercial motor vehicle in intrastate commerce. As such it would not
be subject to the requirements of part 393 of the FMCSRs.
The FHWA notes that as a condition under the Motor Carrier Safety
Assistance Program (MCSAP) States are required to adopt motor carrier
safety and hazardous materials transportation rules and regulations
identical in nearly all respects to those set forth in Federal laws and
regulations. The States are required to apply those rules and
regulations to both interstate and intrastate operations. However, the
FHWA has provided, in appendix C to 49 CFR part 350, tolerance
guidelines for State rules and regulations where Federal regulations do
not apply. The tolerance guidelines provide a mechanism for individual
States to assess the intrastate movement of incomplete motor vehicles,
and determine whether an exemption to the requirement for windshields
is appropriate. If State officials believe that an exemption is
necessary for the movement of incomplete vehicles, the State may submit
the information required by appendix C to the FHWA for consideration.
Discussion of Final Rule
The final rule requires glazing materials used for windshields,
windows, and doors on a commercial motor vehicle manufactured on or
after December 25, 1968, (the effective date of the NHTSA requirements
for glazing) meet the requirements of FMVSS No. 205 in effect on the
date of manufacture of the vehicle. Windshields and windows may be
replaced with glazing materials that meet the requirements in effect on
the date of manufacture, or with glazing materials that meet newer
standards, adopted by amendments or revisions of FMVSS No. 205.
Each bus, truck and truck-tractor is required to have a windshield.
The windshield must be mounted using the full periphery of the glazing
material and be free of discoloration or damage in certain areas. Minor
damage, such as cracks that are not intersected by other cracks, would
not be considered violations.
The final rule allows tinting of windshields as long as the
percentage of light transmitted through the tinted windshield is at
least 70 percent of the light at normal incidence in those portions of
the windshield or windows which are marked as having a luminous
transmittance of at least 70 percent.
Motor carriers are allowed to attach antennas, transponders, and
similar devices to windshields provided the devices are not mounted
more than 152 mm (6 inches) from the upper edge of the windshield and
are located outside the area swept by the windshield wipers. The
devices also must be located outside the driver's sight lines to the
road and highway signs and signals. As a result of the revision to
Sec. 393.60, motor carriers operating under the terms of the waiver
granted for the ADVANTAGE I-75 and HELP programs are no longer required
to comply with the conditions prescribed by the waiver. The waiver is
terminated effective February 9, 1998.
Inspection decals and stickers and/or decals required under Federal
or State laws may be placed at the bottom or sides of the windshield.
However, the stickers or decals may not extend more than 115 mm (4\1/2\
inches) from the bottom of the windshield and must be located outside
the area swept by the windshield wipers. The stickers or decals also
must be located outside the driver's sight lines to the road and
highway signs and signals. The FHWA recognizes that compliance with
this provision requires cooperation of the Federal and State agencies
that have requirements for stickers/decals to be attached to
windshields. However, since
[[Page 1387]]
the previous requirements under Sec. 393.60 have identical restrictions
on the placement of stickers/decals, the FHWA does not believe that
retaining the restrictions will conflict with the current requirements
of other Federal or State agencies.
Rulemaking Analyses and Notices
Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures
The FHWA has considered the impacts of this document and has
determined that it is neither a significant rulemaking action within
the meaning of Executive Order 12866 nor a significant rulemaking under
the regulatory policies and procedures of the Department of
Transportation. The rulemaking would revise Sec. 393.60 of the FMCSRs
to remove obsolete regulatory language and eliminate the need for
processing requests for waivers. The rulemaking also will codify
regulatory guidance concerning the requirements of Sec. 393.60. It is
anticipated that the economic impact of this rulemaking will be
minimal; therefore, a full regulatory evaluation is not required.
Regulatory Flexibility Act
In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-
612), the FHWA has evaluated the effects of this rule on small
entities. The rulemaking would revise Sec. 393.60 of the FMCSRs to
remove obsolete regulatory language and eliminate the need for
processing requests for waivers. The rulemaking also will codify
regulatory guidance concerning the requirements of Sec. 393.60. The
revised regulation is not likely to change the operating practices or
equipment needs of motor carriers in general, or small motor carriers
(private and for-hire) in particular. It is anticipated that the
economic impact of this rulemaking will be minimal since it would not
require modifications to equipment. Based on this evaluation, the FHWA
certifies that this rule would not have a significant economic impact
on a substantial number of small entities.
Executive Order 12612 (Federalism Assessment)
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that this rule does not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment.
Executive Order 12372 (Intergovernmental Review)
Catalog of Domestic Assistance Program Number 20.217, Motor Carrier
Safety. The regulations implementing Executive Order 12372 regarding
intergovernmental consultation on Federal programs and activities do
not apply to this program.
Paperwork Reduction Act
This document does not contain information collection requirements
for the purposes of the Paperwork Reduction Act of 1995 [44 U.S.C. 3501
et seq].
National Environmental Policy Act
The agency has analyzed this rulemaking for the purpose of the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
has determined that this action would not have any effect on the
quality of the environment.
Regulation Identification Number
A regulation identification number (RIN) is assigned to each
regulatory action listed in the Unified Agenda of Federal Regulations.
The Regulatory Information Service Center publishes the Unified Agenda
in April and October of each year. The RIN contained in the heading of
this document can be used to cross-reference this action with the
Unified Agenda.
List of Subjects in 49 CFR Part 393
Highways and roads, Incorporation by reference, Motor carriers,
Motor vehicle equipment, Motor vehicle safety.
Issued on: December 22, 1997.
Kenneth R. Wykle,
Federal Highway Administrator.
In consideration of the foregoing, the FHWA amends title 49, Code
of Federal Regulations, subchapter B, chapter III, as follows:
PART 393--[AMENDED]
1. The authority citation for part 393 continues to read as
follows:
Authority: Section 1041(b) of Pub. L. 102-240, 105 Stat. 1914,
1993 (1991); 49 U.S.C. 31136 and 31502; 49 CFR 1.48.
2. Section 393.60 is revised to read as follows:
Sec. 393.60 Glazing in specified openings.
(a) Glazing material. Glazing material used in windshields,
windows, and doors on a motor vehicle manufactured on or after December
25, 1968, shall at a minimum meet the requirements of Federal Motor
Vehicle Safety Standard (FMVSS) No. 205 in effect on the date of
manufacture of the motor vehicle. The glazing material shall be marked
in accordance with FMVSS No. 205 (49 CFR 571.205, S6).
(b) Windshields required. Each bus, truck and truck-tractor shall
be equipped with a windshield. Each windshield or portion of a multi-
piece windshield shall be mounted using the full periphery of the
glazing material.
(c) Windshield condition. With the exception of the conditions
listed in paragraphs (c)(1), (c)(2), and (c)(3) of this section, each
windshield shall be free of discoloration or damage in the area
extending upward from the height of the top of the steering wheel
(excluding a 51 mm (2 inch) border at the top of the windshield) and
extending from a 25 mm (1 inch) border at each side of the windshield
or windshield panel. Exceptions:
(1) Coloring or tinting which meets the requirements of paragraph
(d) of this section;
(2) Any crack that is not intersected by any other cracks;
(3) Any damaged area which can be covered by a disc 19 mm (\3/4\
inch) in diameter if not closer than 76 mm (3 inches) to any other
similarly damaged area.
(d) Coloring or tinting of windshields and windows. Coloring or
tinting of windshields and the windows to the immediate right and left
of the driver is allowed, provided the parallel luminous transmittance
through the colored or tinted glazing is not less than 70 percent of
the light at normal incidence in those portions of the windshield or
windows which are marked as having a parallel luminous transmittance of
not less than 70 percent. The transmittance restriction does not apply
to other windows on the commercial motor vehicle.
(e) Prohibition on obstructions to the driver's field of view--(1)
Devices mounted at the top of the windshield. Antennas, transponders,
and similar devices must not be mounted more than 152 mm (6 inches)
below the upper edge of the windshield. These devices must be located
outside the area swept by the windshield wipers, and outside the
driver's sight lines to the road and highway signs and signals.
(2) Decals and stickers mounted on the windshield. Commercial
Vehicle Safety Alliance (CVSA) inspection decals, and stickers and/or
decals required under Federal or State laws may be placed at the bottom
or sides of the windshield provided such decals or stickers do not
extend more than 115 mm (4\1/2\ inches) from the bottom of the
windshield and are located outside the area swept by the windshield
wipers,
[[Page 1388]]
and outside the driver's sight lines to the road and highway signs or
signals.
[FR Doc. 98-567 Filed 1-8-98; 8:45 am]
BILLING CODE 4910-22-P
