[Federal Register Volume 72, Number 71 (Friday, April 13, 2007)]
[Proposed Rules]
[Pages 18615-18616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-1865]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 385, 386, 390, 392, 393, 396, and Appendix G to 
Subchapter B of Chapter III

[Docket No. FMCSA-2005-23315]
RIN 2126-AA86


Requirements for Intermodal Equipment Providers and Motor 
Carriers and Drivers Operating Intermodal Equipment; Reopening of 
Comment Period

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

ACTION: Notice of public listening sessions; reopening of comment 
period.

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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) is 
reopening until May 21, 2007, the comment period on its December 21, 
2006 notice of proposed rulemaking (NPRM) concerning inspection, repair 
and maintenance responsibilities for intermodal equipment providers and 
motor carriers operating container chassis. The FMCSA is also 
announcing a series of public listening sessions to obtain additional 
feedback on the Agency's NPRM from motor carriers, representatives of 
the intermodal transportation industry, and interested parties. The 
listening sessions are intended to provide all interested parties an 
opportunity to respond to the issues associated with this rulemaking. 
All oral comments will be transcribed and placed in the public docket 
identified at the beginning of this notice.

DATES: Your comments must be submitted to the docket on or before May 
21, 2007.
    Dates for the public listening sessions: April 27, 2007, from 10 
a.m. to 4:30 p.m., in Norfolk, VA; May 3, 2007, from 9:30 a,m. to 4:30 
p.m., in Port Newark, NJ; and May 18, 2007, from 9:30 a.m. to 4:30 
p.m., in Long Beach, CA.

ADDRESSES: The April 27, 2007 meeting will be held at the Kirn Memorial 
Library, 301 East City Hall Avenue, Norfolk, Virginia. The May 3, 2007 
meeting will be held at The Seamen's Church Institute, SCI's Seafarers' 
Center, 118 Export Street, Port Newark, New Jersey. The May 18, 2007 
meeting will be held at the Holiday Inn Long Beach Airport, 2640 
Lakewood Boulevard, Long Beach, California.

FOR FURTHER INFORMATION CONTACT: Ms Deborah M. Freund, Senior 
Transportation Specialist, Vehicle and Roadside Operations Division, 
FMCSA, 400 Seventh Street, SW., Washington, DC 20590. Telephone (202) 
366-4009 or e-mail [email protected]. Office hours are from 8 a.m. 
to 4:30 p.m., e.t., Monday through Friday, except Federal holidays.
    If you wish to make a formal presentation, please contact Ms. 
Deborah Freund no later than 5 p.m., e.t., 2 business days before the 
date of the session you will attend. Information on Services for 
Individuals with Disabilities: For information on facilities or 
services for individuals with disabilities or to request special 
assistance at the meeting, please e-mail or telephone Deborah Freund. 
To request special assistance for one or more of the Listening 
Sessions, contact Ms. Freund no later than 5 business days before the 
date of the session.
    You may also submit comments to the DOT Docket Management System 
(DMS), referencing Docket Number FMCSA-2005-23315, using any of the 
following methods:
     Web Site: http://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic docket site.
     Fax: 1-202-493-2251. Mail: Docket Management Facility; 
U.S. Department of Transportation, 400 Seventh Street, SW., Nassif 
Building, Room PL-401, Washington, DC 20590-0001.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays.
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
    Instructions: All submissions must include the Agency name and 
docket number or Regulatory Identification Number (RIN 2126-AA86) for 
this rulemaking. Note that all comments received will be posted without 
change to http://dms.dot.gov including any personal information 
provided. For additional information on submitting comments, see the 
Supplemental Information section of this document.
    Docket: For access to the docket to read background documents or 
comments received, go to http://dms.dot.gov at any time or to Room PL-
401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., 
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, 
except Federal holidays.
    Privacy Act: Anyone is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit 
http://dms.dot.gov.

SUPPLEMENTARY INFORMATION:

Background

    On December 21, 2006 (71 FR 76796), FMCSA published an NPRM to 
amend the Federal Motor Carrier Safety Regulations (FMCSRs) to address 
the safety of intermodal equipment (IME) used by motor carriers for 
transportation of intermodal containers in interstate commerce. As 
mandated by section 4118 of the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users (SAFETEA-LU), this 
rulemaking would require intermodal equipment providers (IEPs) to 
register and file with FMCSA an Intermodal Equipment Provider 
Identification Report (Form MCS 150C); display the USDOT Number, or 
other unique identifier, on each intermodal container chassis offered 
for transportation in interstate commerce; establish a systematic 
inspection, repair, and maintenance program to ensure the safe 
operating condition of each intermodal container chassis; maintain 
documentation of the program; and provide a means to effectively 
respond to driver and motor carrier reports about intermodal container 
chassis mechanical defects and deficiencies.
    The proposed regulations would for the first time make IEPs subject 
to the Federal Motor Carrier Safety Regulations (FMCSRs). The agency is 
also proposing additional inspection requirements for motor carriers 
and drivers operating intermodal equipment. The intent of this 
rulemaking is to ensure that intermodal equipment used to transport 
intermodal containers is safe and systematically maintained. Improved 
maintenance is expected to result in fewer out-of-service orders and 
highway breakdowns involving intermodal chassis and improved efficiency 
of the Nation's intermodal transportation system. To whatever extent 
inadequately maintained intermodal chassis are responsible for,

[[Page 18616]]

or contribute to, crashes, this proposal would also help to ensure that 
commercial motor vehicle (CMV) operations are safer.

Purpose of the Listening Session

    The FMCSA is committed to providing all interested parties an 
opportunity to discuss their perspectives on the pertinent issues that 
could affect any potential rulemaking changes. The Agency has received 
numerous comments in response to its NPRM but believes additional 
information could be obtained through these listening sessions.
    Participants at the listening sessions will be given the 
opportunity to submit questions that they would like to hear discussed 
by others in attendance. FMCSA encourages persons who have prepared 
statements to submit them to the public docket rather than use time at 
a listening session to read them aloud. Persons who wish to submit 
written comments or statements should submit the information to the 
public docket identified in this notice. Those who desire notification 
of receipt of their comments must include a self-addressed, stamped 
envelope or postcard. Comments made during the meeting will be 
transcribed to preserve an accurate record of the discussion.

    Issued on: April 10, 2007.
Larry W. Minor,
Acting Associate Administrator, Policy and Program Development.
[FR Doc. 07-1865 Filed 4-11-07; 12:48 pm]
BILLING CODE 4910-EX-P