[Federal Register Volume 76, Number 98 (Friday, May 20, 2011)]
[Rules and Regulations]
[Pages 29169-29170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-12366]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 390

[Docket No. FMCSA-2005-23315]
RIN 2126-AB37


Requirements for Intermodal Equipment Providers and for Motor 
Carriers and Drivers Operating Intermodal Equipment

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

ACTION: Final rule; partial extension of compliance date.

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SUMMARY: The FMCSA extends until June 30, 2012, the compliance date of 
the requirement for drivers and motor carriers to prepare a driver-
vehicle inspection report (DVIR) on an item of intermodal equipment 
(IME) when no damage, defects, or deficiencies are discovered by, or 
reported to, the driver (hereafter ``no-defect DVIR''). The previous 
compliance date was June 30, 2011, as a result of the Agency's August 
20, 2010, amended final rule which extended the compliance date of the 
same provision of the December 17, 2008, final rule concerning 
maintenance responsibilities for IME. As a result of this action, 
drivers and carriers are not required to prepare no-defect DVIRs until 
June 30, 2012. This action is being taken to provide the Agency with 
sufficient time to address, through a notice-and-comment rulemaking 
proceeding, a petition to rescind the requirement for no-defect DVIRs. 
The Agency emphasizes that all requirements concerning drivers' 
preparation of DVIRs to report damage, defects, or deficiencies to 
intermodal equipment providers (IEPs) remain in effect, as well as the 
requirements for IEPs to take appropriate action in addressing the 
safety issues identified by such reports.

DATES: Compliance date: As of May 20, 2011, the compliance date for the 
requirement in Sec.  390.42(b) for drivers and motor carriers to 
prepare a DVIR on an item of IME if no damage, defects, or deficiencies 
are discovered by, or reported to, the driver, is extended until June 
30, 2012.

ADDRESSES:
    Public Access to the Docket: You may view, print, and download this 
final rule and all related documents and background material on-line at 
http://www.regulations.gov, using the Docket ID Number FMCSA-2005-
23315. These documents can also be examined and copied for a fee at the 
U.S. Department of Transportation, Docket Operations, West Building-
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, 
DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Ms. Deborah M. Freund, Vehicle and 
Roadside Operations Division, Office of Bus and Truck Standards and 
Operations (MC-PSV), Federal Motor Carrier Safety Administration, 1200 
New Jersey Avenue, SE., Washington, DC 20590; telephone (202) 366-4325.

SUPPLEMENTARY INFORMATION: 

Legal Basis

    The legal basis of this and all previous notices dealing with the 
implementation of section 4118 of SAFETEA-LU was set forth in the final 
rule of December 17, 2008.

Background

    On December 17, 2008, FMCSA published a final rule (73 FR 76794) 
adopting regulations to implement section 4118 of the Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy 
for Users (SAFETEA-LU) (Pub. L. 109-59, 119 Stat. 1144, 1729, August 
10, 2005). The regulations require intermodal equipment providers 
(IEPs) to register and file with FMCSA an Intermodal Equipment Provider 
Identification Report (Form MCS-150C); establish a systematic 
inspection, repair, and maintenance program to ensure the safe 
operating condition of each intermodal chassis; maintain documentation 
of their maintenance program; and provide a means to effectively 
respond to driver and motor carrier reports about intermodal chassis 
mechanical defects and deficiencies. These regulations for the first 
time made IEPs subject to the Federal Motor Carrier Safety Regulations 
(FMCSRs), and called for shared safety responsibility among IEPs, motor 
carriers, and drivers. The December 2008 final rule required IEPs to 
comply with (1) the requirements for establishing systematic 
inspection, repair, and maintenance programs, recordkeeping systems, 
and for submitting Form MCS-150C by December 17, 2009, and (2) the 
requirement to mark their intermodal chassis with a USDOT 
identification number by December 17, 2010.
    On December 29, 2009, FMCSA amended the December 2008 final rule 
to: (1) Create an additional marking option for identifying the IEP 
responsible for the inspection, repair, and maintenance of items of 
IME; (2) clarify regulatory text and correct an inadvertent error; and 
(3) extend the deadline for IEPs, motor carriers, and drivers operating 
IME to comply with certain provisions pertaining to driver-vehicle 
inspections (74 FR 68703).

Petition for Rulemaking

    On March 31, 2010, the Ocean Carrier Equipment Management 
Association and the Institute of International Container Lessors 
submitted a joint petition to FMCSA requesting the rescission of the 
provision in Sec.  390.42(b) of the FMCSRs that requires drivers or 
motor carriers to prepare and transmit a no-defect DVIR to the IEP at 
the time the IME is returned to the IEP. The petitioners contend that 
the preparation and transmittal of these no-defect DVIRs impose an 
undue burden on drivers, motor carriers, IEPs, and intermodal 
facilities nationwide.
    The Administrator granted the petition on July 30, 2010, based on 
the Agency's preliminary determination that the petition has merit and 
that a notice-and-comment rulemaking proceeding should be initiated to 
provide all interested parties the opportunity to comment on the 
matter. The Agency then extended the compliance date for no-defect 
DVIRs to June 30, 2011 (75 FR 51419, August 20, 2010). A copy of the 
petition and the Administrator's decision has been placed in the 
docket.
    FMCSA plans to issue a notice of proposed rulemaking to eliminate 
the portion of Sec.  390.42(b) that requires drivers or motor carriers 
to prepare and transmit no-defect DVIRs. At that time, all interested 
parties would have the opportunity to submit comments concerning the 
issue. The Agency would then consider the public comments prior to any 
decision whether to rescind the no-defect DVIR requirement.
    While the Agency is conducting this rulemaking, FMCSA extends until 
June 30, 2012, the compliance date for the requirement in Sec.  
390.42(b) for drivers and motor carriers to prepare a DVIR on an item 
of IME when no damage,

[[Page 29170]]

defects, or deficiencies are discovered by, or reported to, the driver.

    Issued on: May 13, 2011.
William Bronrott,
Deputy Administrator.
[FR Doc. 2011-12366 Filed 5-19-11; 8:45 am]
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