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Federal Register / Vol. 72, No.

111 / Monday, June 11, 2007 / Rules and Regulations 32011

in feet
in feet
Flooding source(s) Location of referenced elevation Communities affected
#Depth in
feet above

At confluence with Obed Creek ................................................... +1702 City of Crossville.

Obed Creek ............................... At confluence with Obed River .................................................... +1702 City of Crossville.
Approximately 1500 feet upstream of confluence with Town +1736

* National Geodetic Vertical Datum.

# Depth in feet above ground.
+ North American Vertical Datum.
Cumberland County (Unincorporated Areas)
Maps are available for inspection at: Cumberland County, 2 North Main Street, Suite 203, Crossville, TN 38555.
City of Crossville
Maps are available for inspection at: Cumberland County EOC, 42 Southbend Drive, Crossville, TN 38555.

Whatcom County, Washington, and Incorporated Areas

Docket No.: FEMA–B–7704

Birch Bay ................................... Intersection of Birch Bay Drive and Lora Lane ........................... *8 Whatcom County (Unincor-
porated Areas).
Intersection of Birch Bay Drive and Harborview Road ............... *12
500 feet southwest of the intersection of Comox Road and *14
Nakat Place.
Lummi Bay ................................ 2000 feet south of the intersection of Sicia Drive and Germaine *10 Tribe of Lummi Indian Reserva-
Road, 100 feet west of Sucia Drive. tion.
1500 feet north of the intersection of Sucia Drive and Thetis *11
Street, 100 feet west of Sucia Drive.

* National Geodetic Vertical Datum.

# Depth in feet above ground.
+ North American Vertical Datum.
Tribe of Lummi Indian Reservation
Maps are available for inspection at Lummi Land Development Office, 2616 Kwina Drive, Bellingham, WA 98226.
Whatcom County (Unincorporated Areas)
Maps are available for inspection at Whatcom County Public Works, River and Flood Division, 322 North Commercial Street, Suite 1200, Bel-
lingham, WA 98225.

(Catalog of Federal Domestic Assistance No. DEPARTMENT OF TRANSPORTATION amendment resolves an inconsistency
97.022, ‘‘Flood Insurance.’’) between FMCSA’s Federal Motor Carrier
Dated: May 24, 2007. Federal Motor Carrier Safety Safety Regulations and the National
Administration Highway Traffic Safety Administration’s
David I. Maurstad,
Federal Motor Vehicle Safety Standards.
Federal Insurance Administrator of the 49 CFR Part 393
National Flood Insurance Program, Federal DATES: This rule is effective July 11,
Emergency Management Agency, Department [Docket No. FMCSA–1997–2364] 2007.
of Homeland Security. RIN 2126 AB07 FOR FURTHER INFORMATION CONTACT: Mr.
[FR Doc. E7–10961 Filed 6–8–07; 8:45 am] Jeffrey J. Van Ness, phone (202) 366–
BILLING CODE 9110–12–P Parts and Accessories Necessary for 8802, Vehicle and Roadside Operations
Safe Operation; Lamps and Reflective Division, Office of Bus and Truck
Devices Standards and Operations, Federal
AGENCY: Federal Motor Carrier Safety Motor Carrier Safety Administration,
Administration (FMCSA), DOT. 400 Seventh Street, SW., Washington,
DC 20590.
ACTION: Final rule.
SUMMARY: FMCSA amends its
Legal Basis for the Rulemaking
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regulations concerning parts and

accessories necessary for safe operation The legal basis for the August 15,
in response to a petition for 2005, final rule entitled ‘‘Parts and
reconsideration filed by the Truck Accessories Necessary for Safe
Manufacturers Association. As Operation; General Amendments,’’ was
requested by a petitioner, this set forth in detail there [70 FR 48008–

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32012 Federal Register / Vol. 72, No. 111 / Monday, June 11, 2007 / Rules and Regulations

48009]. That legal basis statement also (FMCSRs) in order to eliminate rule amends the August 2005 final rule
applies here and will not be reprinted. inconsistencies between 49 CFR parts by deleting § 393.11(d).
One purpose of the 2005 rule, as 393 and 571.
described in the legal basis section, was Background
to ‘‘resolve inconsistencies between [49 Petition for Reconsideration of § 393.11 For vehicles of 80 or more inches in
CFR] part 393 and the National Highway Summary overall width, Table II of FMVSS No.
Traffic Safety Administration’s Federal 108 requires that three amber
On September 6, 2005, the Truck
Motor Vehicle Safety Standards (49 CFR Manufacturers Association (TMA) identification lamps (three-lamp cluster)
part 571) * * *’’ [70 FR 48008]. This submitted a petition for reconsideration be located as close as practicable to the
rule responds to a petition for of FMCSA’s August 15, 2005, final rule. top center of the vehicle or the cab with
reconsideration of the 2005 rule. The TMA is an association of medium lamps placed 6 to 12 inches apart. The
Petitioner has brought to the Federal and heavy-duty truck manufacturers function of this three-lamp cluster is to
Motor Carrier Safety Administration’s located in Washington, DC. Member indicate the presence of a large vehicle
(FMCSA) attention another companies include Ford Motor on the roadway. Table II of FMVSS No.
inconsistency, this one between a Company; Freightliner LLC; General 108 also requires that two amber
provision on auxiliary lamps adopted in clearance lamps be installed ‘‘to
Motors Corporation; International Truck
the 2005 rule [49 CFR 383.11(d)] and a indicate the overall width of the vehicle
and Engine Corporation; Isuzu Motors
National Highway Traffic Safety * * * and as near the top thereof as
America, Inc.; Mack Trucks, Inc.;
Administration (NHTSA) interpretation practicable.’’ In addition, S5.1.3 of
PACCAR, Inc.; and Volvo Trucks North
of its standard for ‘‘Lamps, reflective FMVSS No. 108 prohibits the
America, Inc. The TMA identified what
devices, and associated equipment’’ [49 installation of lamps that would impair
it believes is ‘‘an unintended
CFR 571.108, S5.1.3], which was issued the effectiveness of the required
inconsistency’’ between one of the
almost simultaneously. In resolving the lighting, including the identification
requirements of FMCSA’s August 15,
new inconsistency, this rule simply lamp cluster.
2005, final rule and a recent
completes the process begun in 2005. The NHTSA has long maintained that
interpretation it had received from
Background highway traffic safety is enhanced by
NHTSA. Specifically, the final rule
the familiarity of drivers with
On August 15, 2005, FMCSA amended § 393.11(d), ‘‘Prohibition on
established lighting schemes, which
published a final rule that amended 49 the use of auxiliary lamps that
facilitates their ability to instantly
CFR part 393, Parts and Accessories supplement the identification lamps,’’
recognize the meaning the lamps convey
Necessary for Safe Operation (70 FR to state:
and to respond accordingly. The
48008). The amendments removed No commercial motor vehicle may be NHTSA previously explained in
obsolete and redundant regulations; equipped with lamps that are in a horizontal opinion letters that auxiliary lamps
responded to several petitions for line with the required identification lamps
unless those lamps are required by this
must be located so that they would not
rulemaking; provided improved interfere or be confused with the lamps
definitions of vehicle types, systems, regulation.
required by FMVSS No. 108. FMCSA
and components; resolved However, TMA notes that the concluded that § 393.11(d) was
inconsistencies between 49 CFR part language above contradicts guidance on appropriate and consistent with
393 and NHTSA’s Federal Motor the same issue provided by NHTSA in NHTSA’s previous enforcement
Vehicle Safety Standards (FMVSSs) (49 a letter of interpretation, dated July 28, guidance.
CFR part 571); and codified certain 2005. Where the above language However, several weeks before the 49
FMCSA regulatory guidance concerning prohibits all auxiliary lamps that are in CFR part 393 final rule was published
the requirements of 49 CFR part 393. a horizontal line with the required on August 15, 2005, TMA had written
Generally, the amendments did not identification lamps, the NHTSA to NHTSA requesting an interpretation
establish new or more stringent regulation [S5.1.3 of FMVSS No. 108, regarding the installation of certain
requirements, but merely clarified Lamps, Reflective Devices, and auxiliary lighting on heavy-duty trucks
existing requirements. The final rule Associated Equipment] only ‘‘prohibits and truck tractors. In part, TMA asked
was intended to make many sections installation of lamps that would impair about installing auxiliary lamps in the
more concise, easier to understand, and the effectiveness of the required vicinity of the front identification and
more performance-oriented. lighting.’’ clearance lamps—the issue specifically
The final rule was based on a notice The NHTSA’s interpretation letter addressed in § 393.11(d). The NHTSA
of proposed rulemaking (NPRM) clarifies that additional lamps may be responded to TMA on July 28, 2005—
published by the Federal Highway installed on commercial motor vehicles less than two weeks before FMCSA’s
Administration (FHWA) on April 14, provided that the auxiliary lamps are final rule was issued—and provided the
1997 (62 FR 18170). FHWA had positioned at a distance that is at least following information:
received numerous petitions for twice the distance that separates each
rulemaking and requests for lamp in the required three-lamp cluster. * * * [A]uxiliary lamps located
interpretation of the requirements of 49 Representatives from FMCSA met immediately adjacent to the three-lamp
cluster would not be permitted by FMVSS
CFR part 393, which suggested the need with NHTSA to discuss the rationale No. 108 because they would impair the
for amendments to clarify several used in developing the position set forth effectiveness of identification lamps. The
provisions of the safety regulations. In in the interpretation letter and how it purpose of the three-lamp cluster
addition, NHTSA, the Federal agency relates to the TMA petition. The FMCSA requirement is to signal the presence of a
responsible for establishing safety agreed that NHTSA’s spacing guidelines large vehicle to other drivers. The number of
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standards for the manufacture of motor for auxiliary lamps, outlined in the July lamps, three, is a part of the signal, and
vehicles and certain motor vehicle 2005 interpretation letter, ensure that additional lamps could make the signal less
equipment, had made several the effectiveness of the three-lamp recognizable.
amendments to its FMVSSs that cluster is not impaired by auxiliary However, NHTSA recognized ‘‘the need
necessitated amendments to the Federal lighting devices. Therefore, FMCSA for guidance with respect to the
Motor Carrier Safety Regulations granted TMA’s petition. Today’s final permissible positioning of auxiliary

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Federal Register / Vol. 72, No. 111 / Monday, June 11, 2007 / Rules and Regulations 32013

lamps located between the clearance each lamp in the required three-lamp required to be reviewed by the Office of
lamps and the three-lamp cluster.’’ And cluster provides sufficient separation to Management and Budget. Because this
NHTSA concluded that ‘‘positioning prevent the auxiliary lighting devices rulemaking merely makes a minor
auxiliary lamps at a distance that is at from decreasing the effectiveness of the change that will not result in additional
least twice the distance that separates three-lamp cluster. costs, a regulatory evaluation has not
each lamp in the required three-lamp Further, FMCSA believes that it is been prepared by the Agency.
cluster provides sufficient separation important to maintain consistency, to
not to impair the effectiveness of the Regulatory Flexibility Act
the maximum extent practicable,
three-lamp cluster.’’ between FMCSA and NHTSA In compliance with the Regulatory
Clearly, the guidance provided in regulations. Trucks and trailers that are Flexibility Act (5 U.S.C. 601–612),
NHTSA’s July 2005 interpretation letter configured with auxiliary lamps FMCSA has considered the effects of
contradicts the regulatory language in meeting the conditions outlined in this regulatory action on small entities
§ 393.11(d), which prohibits any lamps NHTSA’s July 2005 interpretation letter and determined that this rule will not
that are in a horizontal line with the are considered by FMCSA as fully have a significant impact on a
required identification lamps unless compliant with the Federal safety substantial number of small entities.
those lamps are required by regulation. regulations. FMCSA does not believe Because this rulemaking merely makes
The TMA notified FMCSA of this that it is appropriate to retain the a minor change that will not result in
discrepancy via telephone on August current language in § 393.11 which additional costs, a regulatory flexibility
15, 2005—the day the amendments to prohibits the installation of auxiliary analysis has not been prepared by the
49 CFR part 393 were published—and lamps that are permitted by the NHTSA Agency.
faxed a copy of the NHTSA interpretation.
interpretation letter to FMCSA. The Unfunded Mandates Reform Act of 1995
Consistent with the above, FMCSA is
TMA submitted its petition for rescinding § 393.11(d) in this final rule. This rulemaking will not impose an
reconsideration of the 49 CFR part 393 unfunded Federal mandate, as defined
amendments on September 6, 2005. Regulatory Analyses and Notices by the Unfunded Mandates Reform Act
It is important to note that neither Good Cause Exception to Notice and of 1995 (2 U.S.C. 1532 et seq.), that will
FMCSA nor NHTSA ever expressly Comment result in the expenditure by State, local,
prohibited the installation of auxiliary and tribal governments in the aggregate
lamps. In instances where FMCSA has determined that prior or by the private sector of $120.7
manufacturers have chosen to install notice and opportunity for comment on million or more in any one year.
lamps in addition to those which are this final rule are unnecessary. One of
required by regulation [S5.1.3 of FMVSS the stated purposes of the August 15, Executive Order 12988 (Civil Justice
No. 108], NHTSA interpretations have 2005, rule (Summary, 70 FR 48008) was Reform)
required only that the auxiliary lamps to ‘‘resolve inconsistencies between part This action will meet applicable
not impair the effectiveness of the 393 and the National Highway Traffic standards in sections 3(a) and 3(b)(2) of
required lighting. In general, both Safety Administration’s Federal Motor Executive Order 12988, Civil Justice
FMCSA and NHTSA believe that Vehicle Safety Standards (49 CFR part Reform, to minimize litigation,
additional lamps will improve the 571).’’ That point was driven home eliminate ambiguity, and reduce
conspicuity of trucks and trailers and, throughout the rule by repeated burden.
thus, increase highway safety, provided comparison of the two agencies’
regulations and the adoption of Executive Order 13045 (Protection of
that the additional lamps do not
amendments to make 49 CFR part 393 Children)
interfere with and are not confused with
the lamps required by FMVSS No. 108. consistent with 49 CFR part 571. The FMCSA has analyzed this action
However, the July 2005 interpretation section dealing with § 393.11 (70 FR under Executive Order 13045,
letter to TMA represents the first time 48012–48013) was little more than a Protection of Children from
objective, measurable limits regarding discussion of NHTSA actions that Environmental Health Risks and Safety
the location and spacing of auxiliary required changes to the FMCSA lighting Risks. This rulemaking does not concern
lamps have been specified. The NHTSA rules. an environmental risk to health or safety
determined that this was necessary to As it happened, the August 15, 2005, that may disproportionately affect
provide detailed guidance to TMA and rule created an inconsistency with children.
others regarding the permissible NHTSA’s recently-issued interpretation
of FMVSS No. 108. This final rule Executive Order 12630 (Taking of
positioning of auxiliary lamps located
simply corrects one more anomaly. It Private Property)
between the clearance lamps and the
three-lamp cluster. imposes no additional costs or This rulemaking will not effect a
The FMCSA believes that increased requirements on motor carriers and does taking of private property or otherwise
safety can be realized through improved not adversely affect safety. Therefore, have taking implications under
conspicuity of vehicles. It is FMCSA’s FMCSA finds good cause pursuant to 5 Executive Order 12630, Governmental
position that the installation of auxiliary U.S.C. 553(b) to adopt the rule without Actions and Interference with Civil
lamps will not detract from the notice and comment. Constitutionally Protected Property
effectiveness of the required lighting Rights.
Executive Order 12866 (Regulatory
provided that the spacing between the Planning and Review) and DOT Executive Order 13132 (Federalism)
three-lamp cluster and any auxiliary Regulatory Policies and Procedures
lamps is maintained as outlined in the This action has been analyzed in
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NHTSA interpretation letter to TMA. FMCSA has determined that this accordance with the principles and
action is not a significant regulatory criteria contained in Executive Order
Conclusion action within the meaning of Executive 13132. It has been determined that this
FMCSA finds that positioning Order 12866 or Department of rulemaking will not have a substantial
auxiliary lamps at a distance that is at Transportation regulatory policies and direct effect on States nor will it limit
least twice the distance that separates procedures. This document is not the policy-making discretion of the

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32014 Federal Register / Vol. 72, No. 111 / Monday, June 11, 2007 / Rules and Regulations

States. Nothing in this document will order because it will not be other sections. We are also moving one
preempt any State law or regulation. economically significant and will not be paragraph of part 573, requiring
likely to have a significant adverse effect submission of draft owner notification
Executive Order 12372
on the supply, distribution, or use of letters to NHTSA, to another paragraph
(Intergovernmental Review)
energy. found in part 577 that addresses the
The regulations implementing content of owner notification letters,
Executive Order 12372 regarding List of Subjects for 49 CFR Part 393
where that paragraph more logically fits.
intergovernmental consultation on Highways and roads, incorporation by None of these amendments impose or
Federal programs and activities do not reference, motor carriers, motor vehicle relax any substantive requirements or
apply to this program. equipment, motor vehicle safety. burdens on manufacturers.
Paperwork Reduction Act ■ In consideration of the foregoing, DATES: This final rule is effective July
FMCSA amends 49 CFR part 393 as 11, 2007.
This final rule does not contain a
collection of information requirement
for the purposes of the Paperwork Jennifer T. Timian, Office of Defects
PART 393—PARTS AND Investigation (NVS–215), NHTSA, 1200
Reduction Act of 1995 (44 U.S.C. 3501 ACCESSORIES NECESSARY FOR
et seq.). New Jersey Avenue, SE., Washington,
SAFE OPERATION DC, 20590, telephone (202) 366–0209.
National Environmental Policy Act ■ 1. The authority citation for part 393 SUPPLEMENTARY INFORMATION:
FMCSA analyzed this final rule for continues to read as follows:
Reasons for the Technical Amendments
the purpose of the National Authority: 49 U.S.C. 322, 31136, and
Environmental Policy Act of 1969 (42 31502; section 1041(b) of Pub. L. 102–240, In various sections of parts 573 and
U.S.C. 4321 et seq.) and determined 105 Stat. 1914, 1993 (1991); and 49 CFR 1.73. 577 of Title 49 of the Code of Federal
under FMCSA Order 5610.1 (69 FR Regulations (CFR), manufacturers are
9680, March 1, 2004) that this action is § 393.11 [Amended] required to report information, submit
categorically excluded (CE) under ■ 2. Amend § 393.11 by removing documentation, and engage in specific
Appendix 2, paragraph 6.b. from further paragraph (d) and by revising the activities if a motor vehicle or an item
environmental documentation. This CE heading of Table 1 to read ‘‘Table 1 of of motor vehicle equipment they
relates to establishing regulations and § 393.11—Required Lamps and manufactured contains a safety defect or
actions taken pursuant to these Deflectors on Commercial Motor fails to comply with a Federal Motor
regulations that are editorial in nature. Vehicles’’. Vehicle Safety Standard (FMVSS).
In addition, FMCSA believes that the Issued on: May 30, 2007.
Pursuant to part 579 of that same title,
action includes no extraordinary manufacturers are also required to
John H. Hill,
circumstances that would have any report what is termed early warning
effect on the quality of the environment. information, including information
[FR Doc. E7–11112 Filed 6–8–07; 8:45 am] concerning claims, deaths, and injuries,
Thus, the action does not require an
environmental assessment or an BILLING CODE 4910–EX–P which is gathered to detect possible
environmental impact statement. safety-related defects in particular motor
FMCSA also analyzed this final rule vehicles and items of motor vehicle
under the Clean Air Act (CAA), as
amended section 176(c), (42 U.S.C. 7401 National Highway Traffic Safety Depending on the particular section
et seq.) and implementing regulations Administration in question, manufacturers are required
promulgated by the Environmental to address their submissions to certain
Protection Agency. Approval of this 49 CFR Parts 573, 577 and 579 offices at NHTSA’s headquarters, and/or
action is exempt from the CAA’s general to particular e-mail addresses linked to
conformity requirement since it [Docket No. NHTSA–2007–27356; Notice 1] those particular offices. The Department
involves rulemaking activity which of Transportation, including NHTSA, is
Defect and Noncompliance in the process of relocating its
would not result in any emissions
Notification, Reports, and headquarters. The NHTSA offices
increase nor would it have any potential
Responsibility; Reporting of affected by this notice moved to the new
to result in emissions that are above the
Information and Documents headquarters on May 31, 2007.
general conformity rule’s de minimis
Concerning Potential Defects Therefore, administrative adjustments
emission threshold levels (40 CFR
93.153(c)(2)). Moreover, it is reasonably AGENCY: National Highway Traffic are necessary to update the mailing
foreseeable that the rule would not Safety Administration, DOT. address information in some sections.
increase total CMV mileage, change the ACTION: Final rule; Changes of address We are also taking the opportunity
routing of CMVs, change how CMVs and other administrative adjustments. through this final rule to supplement
operate, or change the CMV fleet-mix of other mailing and address information
motor carriers. This action merely SUMMARY: This final rule contains found in some sections, correct errors
rescinds a regulatory provision that administrative adjustments to part 573, found in other sections, and relocate
conflicts with an NHTSA interpretation. Defect and Noncompliance one paragraph whose subject matter is
Responsibility and Reports; part 577, more appropriate to another paragraph.
Executive Order 13211 (Energy Effects) Defect and Noncompliance Notification; As one example, we are amending the
FMCSA has analyzed this action and part 579, Reporting of Information address for mailed defect and
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under Executive Order 13211, Actions and Communications about Potential noncompliance notifications for safety
Concerning Regulations That Defects, of Title 49 of the CFR. recalls as well as for other submissions
Significantly Affect Energy Supply, Specifically, we are updating and/or concerning those recalls, and including
Distribution, or Use. It has been supplementing the mailing and address a new e-mail address, so that important
determined that this action will not be information found in some sections, and safety information is routed directly to
a significant energy action under that correcting erroneous references found in those in NHTSA responsible for

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