[Federal Register Volume 73, Number 205 (Wednesday, October 22, 2008)]
[Notices]
[Pages 63040-63041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25174]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
Inspection, Repair, and Maintenance; Periodic Inspection of
Commercial Motor Vehicles
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice on State periodic inspection programs.
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SUMMARY: The FMCSA announces its acceptance of the State of
Massachusetts' periodic inspection (PI) program for commercial motor
vehicles (CMVs). The Agency has reviewed the State's inspection program
for CMVs and determined that it should be added to the list of programs
which have been determined to be comparable to, or as effective as, the
Federal PI requirements contained in the Federal Motor Carrier Safety
Regulations (FMCSRs). The State requires CMVs to be inspected annually
or within 7 days of registration for newly acquired vehicles. The
agency has published a list of such programs in the Federal Register
previously, and this list has been revised occasionally. Including
Massachusetts, 22 States, the Alabama Liquefied Petroleum Gas Board,
the District of Columbia, 10 Canadian Provinces, and one Canadian
Territory have PI programs which have been determined to be comparable
to, or as effective as, the Federal PI requirements.
DATES: This action is effective on October 22, 2008.
FOR FURTHER INFORMATION CONTACT: Mr. Michael Huntley, Chief of the
Vehicle and Roadside Operations Division, MC-PSV, (202) 366-5370,
Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue,
SE., Washington, DC 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
Section 210 of the Motor Carrier Safety Act of 1984 (49 U.S.C.
31142) (the Act) requires the Secretary of Transportation to prescribe
standards for annual or more frequent inspection of CMVs unless the
Secretary finds another inspection system is as effective as an annual
or more frequent inspection. On December 7, 1988, in response to the
Act, the Federal Highway Administration (FHWA), the agency within the
Department of Transportation responsible for motor carrier safety until
1999, published a final rule amending part 396 of the FMCSRs (53 FR
49402). The final rule requires CMVs operated in interstate commerce to
be inspected at least once a year. The inspection is to be based on
Federal inspection standards, or a State inspection program determined
by the FHWA to be comparable to, or as effective as, the Federal
standards. Accordingly, if the agency determines a State's PI program
is comparable to, or as effective as, the requirements of part 396,
then a motor carrier must ensure all of its CMVs which are required by
that State to be inspected through the State's inspection program are
so inspected. If a State does not have such a program, the motor
carrier is responsible for ensuring its CMVs are inspected using one of
the alternatives included in the final rule.
On March 16, 1989, the FHWA published a notice in the Federal
Register that requested States and other interested parties to identify
and provide information on the CMV inspection programs in their
respective jurisdictions (54 FR 11020). Upon review of the information
submitted, the FHWA published a list of State inspection programs that
were determined to be comparable to the Federal PI requirements (54 FR
50726, December 8, 1989). This initial list included 15 States and the
District of Columbia. The list was revised on September 23, 1991, to
include the inspection programs of the Alabama Liquefied Petroleum Gas
(LPG) Board, California, Hawaii, Louisiana, Minnesota, all of the
Canadian Provinces, and the Yukon Territory (56 FR 47982). On November
27, 1992, the list was revised to include the Wisconsin bus inspection
program (57 FR 56400). On April 14, 1994, the list was revised to
include the Texas CMV inspection program (59 FR 17829). The list was
revised on November 7, 1995, to include the Connecticut bus inspection
program (60 FR 56183). The most recent revision was made on February
19, 1998 to include the Ohio inspection program for church buses (63 FR
8516), and a notice announcing FMCSA's acceptance of certain
enhancements to the program on June 18, 2001 (66 FR 32863).
Determination: State of Massachusetts Inspection Program
The State of Massachusetts (the State) has implemented a mandatory
annual inspection requirement for all buses (vehicles designed to
transport 16 or more passengers, including the driver) and trucks as
part of its program to improve the safety of operation of CMVs. As of
October 1, 2008, the State prohibits any person from operating CMVs
that are designed to transport 16 or more passengers, including the
driver, or that have a gross vehicle weight rating of 4,536 kilograms
(10,001 pounds) or more, unless the vehicle displays a valid safety
inspection decal (540 Code of Massachusetts Regulations [CMR] 4.00 and
310 CMR 60.02).
The FMCSA has determined that the Massachusetts inspection program
in effect as of October 1, 2008, is comparable to, or as effective as,
the Federal PI requirements. Therefore, motor carriers operating CMVs
which are subject to the State's program and which are subject to the
FMCSRs must use the State's program to satisfy the Federal PI
requirements.
It should be noted that in accepting the State's PI program, FMCSA
also accepts the recordkeeping requirements associated with the
inspection program. Upon successful completion of the Massachusetts
Commercial Motor Vehicle Safety Inspection a comprehensive Vehicle
Inspection Report (VIR) is created which identifies the vehicle,
inspector, and the status of the inspection. In addition to the VIR, a
program inspection sticker indicating the vehicle has passed or failed
the inspection will be affixed to the vehicle's windshield. For
trailers, the required proof of inspection will be the VIR.
Massachusetts will also have a database of all vehicle inspections
performed. The vehicle inspection information will be captured at the
end of the inspection and stored for a period of five years. State
officials can query the database to capture a specific inspection
report, or to summarize and analyze a subset or all CMV safety
inspection records.
States With Equivalent Periodic Inspection Programs
The following is a complete list of States with inspection programs
that FMCSA has determined are comparable to, or as effective as, the
Federal PI requirements.
Alabama (LPG Board),
California,
Connecticut,
District of Columbia,
[[Page 63041]]
Hawaii,
Illinois,
Louisiana,
Maine,
Maryland,
Massachusetts,
Michigan,
Minnesota,
New Hampshire,
New Jersey,
New York,
Ohio,
Pennsylvania,
Rhode Island,
Texas,
Utah,
Vermont,
Virginia,
West Virginia,
Wisconsin.
Please note that two States have been removed from the previous
list of approved programs. Arkansas no longer has a periodic inspection
program for buses comparable to, or as effective, as the Federal PI
program. Oklahoma has repealed its inspection requirements. Both States
have therefore been de-listed. As required by 49 CFR 396.23(b)(2), each
motor carrier in Arkansas and Oklahoma must ensure that the periodic
inspection required by 49 CFR 396.17 is performed on all CMVs under its
control.
In addition to the States listed above, the FMCSA accepts the
inspection programs of the 10 Canadian Provinces (Alberta, British
Columbia, Manitoba, New Brunswick, Newfoundland, Nova Scotia, Ontario,
Prince Edward Island, Quebec and Saskatchewan) and the Yukon Territory
are comparable to, or as effective as, the Federal PI requirements. All
other States either have no PI programs for CMVs or their PI programs
have not been determined by the FMCSA to be comparable to, or as
effective as, the Federal PI requirements. Should any of these States
wish to establish a program or modify their programs in order to make
them comparable to the Federal requirements, the State should contact
the appropriate FMCSA division office.
List of Subjects
Highway safety, Highways and roads, Motor carriers, Motor vehicle
maintenance, Motor vehicle safety, Reporting and recordkeeping
requirements.
Authority: 49 U.S.C. 31132, 31136, 31142, 31502, and 31504; 49
CFR 1.73.
Issued on: October 14, 2008.
John H. Hill,
Administrator.
[FR Doc. E8-25174 Filed 10-21-08; 8:45 am]
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