[Federal Register Volume 81, Number 51 (Wednesday, March 16, 2016)]
[Notices]
[Pages 14195-14197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05933]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration


Inspection, Repair, and Maintenance; Periodic Inspection of 
Commercial Motor Vehicles; Acceptance of Mexico's NOM-068-SCT-2-2014 
Inspection Program

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

ACTION: Notice on periodic inspection programs.

-----------------------------------------------------------------------

SUMMARY: The FMCSA announces its acceptance of the Norma Oficial 
Mexicana ((NOM) or Official Mexican Standard) concerning the periodic 
inspection (PI) of commercial motor vehicles (CMVs). The Agency has 
reviewed NOM-068-SCT-2-2014 (NOM 68) and determined that it should be 
added to the list of programs which are comparable to, or as effective 
as, the Federal PI requirements contained in the Federal Motor Carrier 
Safety Regulations (FMCSRs). FMCSA's acceptance of NOM 68 means that 
Mexico-domiciled motor carriers operating in the United States must 
ensure that their CMVs are inspected annually as required by the 
Secretar[iacute]a de Comunicaciones y Transportes (SCT). The motor 
carrier must retain a copy of the inspection report and a sticker/decal 
must be affixed to the vehicle in order to satisfy the PI requirements 
in the United States. These motor carriers will no longer have the 
option of relying on their employees to conduct inspections of the CMVs 
the carrier controls, using commercial garages for such inspections, or 
passing a roadside inspection based on criteria published by the 
Commercial Motor Vehicle Safety Alliance (CVSA) to comply with the 
periodic inspection requirements at 49 CFR part 396.

DATES: This action is effective March 16, 2016. NOM-68 inspection 
decals issued on or after October 1, 2015, will be accepted as proof of 
a periodic during roadside inspections and investigations conducted on 
or after March 16, 2016.

FOR FURTHER INFORMATION CONTACT: Mr. Marcelo Perez, North American 
Borders Division, MC-ESB, (512) 916-5440, Federal Motor Carrier Safety 
Administration, 903 San Jacinto Blvd., Suite 1100, Austin, TX 78701. 
Office hours are from 7:45 a.m. to 4:15 p.m., CDT, 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 that 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 49 CFR part 396 of the 
FMCSRs (53 FR 49402). The final rule required CMVs operated in 
interstate commerce to be inspected at least once a year. The 
inspection was to be based on Federal inspection standards, or a State 
inspection program determined by the FHWA, FMCSA's predecessor agency, 
to be comparable to, or as effective as, the Federal standards. 
Accordingly, if FHWA decided that a State's PI program was comparable 
to, or as effective as, the requirements of part 396, then the motor 
carrier had to ensure that all of its CMVs which are required by that 
State to be inspected through the State's inspection program were 
inspected. If a State did not have such a program, the motor carrier 
was 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

[[Page 14196]]

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). On February 19, 1998, the Ohio 
inspection program for church buses was added to the list (63 FR 8516), 
with a notice announcing FMCSA's acceptance of certain enhancements to 
the program on June 18, 2001 (66 FR 32863). And on October 22, 2008, 
the list was revised to include the Massachusetts CMV inspection 
program (73 FR 63040).

FMCSA Determination: Official Mexican Standard, NOM 68

    On January 19, 2015, the SCT of Mexico published its Official 
Mexican Standard, NOM-68, in the Official Gazette, Mexico's equivalent 
of the Federal Register. NOM-68 addresses Federal inspection standards 
for CMVs in Mexico. Beginning May 19, 2015, Mexico-domiciled motor 
carriers must take their vehicles to an SCT-approved inspection center 
for a mandatory vehicle inspection. The inspections must be performed 
once every year, and on the months set on the Inspection Calendar.
    FMCSA has reviewed Mexico's pass-fail criteria for the specific 
vehicle components and systems examined as during the mandatory vehicle 
inspection and determined that Mexico's inspection program is 
comparable to, or as effective as, FMCSA's requirements. The Agency 
compared the pass-fail requirements of Appendix G to the Federal Motor 
Carrier Safety Regulations (i.e., the U.S. periodic inspection 
standards), which includes the 13 vehicle systems and components listed 
below with the list of vehicle systems and components included in NOM 
68.
    1. Brake system;
    2. Coupling devices;
    3. Exhaust system;
    4. Fuel system;
    5. Lighting devices;
    6. Safe loading;
    7. Steering mechanism;
    8. Suspension;
    9. Frame;
    10. Tires;
    11. Wheels and rims;
    12. Windshield glazing; and,
    13. Windshield wipers.
    NOM-68 is organized into 79 sections, with multiple sections 
covering each of the 13 areas in Appendix G. In some instances, NOM-68 
covers the requirements in greater detail and others Mexico's 
inspection standards cover equipment which is not addressed in the 
FMCSRs. While Appendix G does not include the same level of detail as 
NOM 68, 49 CFR part 393 provides many of those requirements in detail 
comparable to that of NOM-68. Therefore, NOM 68 provides an annual 
inspection standard that requires all the parts and accessories that 
must be installed on CMVs to be in proper working order in order to 
pass the inspection.
    FMCSA acknowledges that Mexico's compliance date for certain 
vehicle safety systems and components, such as antilock braking systems 
(or ABS), differs from the U.S. requirements. However, the Agency does 
not believe the differences in the compliance dates for such systems is 
a sufficient basis for considering Mexico's annual inspection standards 
to be substantively different. Mexico-domiciled motor carriers are 
subject to the same requirements as U.S.- and Canada-domiciled carriers 
operating on U.S. public roads with regard to the requirements of 49 
CFR part 393. This means the presence of an annual inspection decal 
would not provide relief from the requirements of part 393.
    Mexico's mandatory annual inspection requirements cover most of the 
types of CMVs subject to FMCSA's periodic inspection regulations, which 
includes passenger-carrying vehicles designed to transport 16 or more 
passengers (including the driver) and property-carrying vehicles with a 
gross weight, gross vehicle weight rating, or gross combination weight 
rating of 10,001 pounds or more. Therefore, both the inspection 
criteria for the vehicle components and safety systems, and the types 
of vehicles required to be inspected are comparable to FMCSA's 
requirements.
    For CMVs that are subject to FMCSA's periodic inspection 
requirements but excepted from the NOM 68 requirements, the motor 
carrier may continue to rely upon the options allowed under 49 CFR 
396.17. FMCSA will work with the government of Mexico and the 
Commercial Vehicle Safety Alliance to provide detailed guidance on the 
specific vehicles subject to NOM 68 requirements to ensure uniform and 
consistent enforcement of Sec.  396.17 (and the compatible State 
requirements adopted in accordance with 49 CFR part 350 concerning the 
Motor Carrier Safety Assistance Program) during roadside inspections of 
Mexico-domiciled vehicles operating in the United States.
    It should be noted that in accepting the Mexico's program, FMCSA 
also accepts the recordkeeping requirements associated with the 
inspection program. Upon successful completion of Mexico's inspection, 
a report is created which identifies the vehicle, inspector, and the 
status of the inspection. In addition to the report, a program 
inspection sticker decal indicating that the vehicle has passed the 
inspection will be affixed to the vehicle's windshield.

Relationship Between FMCSA's Decision Concerning Periodic Inspection 
and the Enforcement of the Requirements Under 49 CFR Part 393

    FMCSA notes that its acceptance of Mexico's PI program does not in 
any way alter the enforcement of the safety requirements under 49 CFR 
part 393 concerning vehicle parts and accessories necessary for safe 
operations. All interstate motor carriers operating CMVs in the United 
States, including Canada- and Mexico-domiciled motor carriers, must 
ensure that their CMVs meet the applicable requirements under 49 CFR 
part 393 regardless of whether the vehicle has passed a PI. And Part 
393 includes cross-references to various Federal Motor Vehicle Safety 
Standards (FMVSSs) established by the National Highway Traffic Safety 
Administration and applicable to vehicle manufacturers. Through these 
cross-references, FMCSA holds motor carriers responsible for ensuring 
that vehicles manufactured on or after the effective dates of the NHTSA 
standards are maintained to keep the safety equipment and features 
installed by the manufacturer operable.
    While manufacturers building CMVs designed and sold for use in 
Canada and Mexico are not required to meet the FMVSSs, FMCSA requires 
that the motor carriers operating these vehicles in the United States 
meet the same safety requirements applicable to domestic motor 
carriers. And, although the effective date for certain vehicle safety 
requirements such as antilock braking systems under NOM 68 and Canada's 
rules may differ from the effective date for the U.S. requirements, 
vehicles manufactured on or after the effective dates listed in the 
FMVSSs,

[[Page 14197]]

and cross-referenced in part 393, must meet FMCSA's requirements when 
operating in the United States. These vehicles are subject to roadside 
inspections while operating in the United States and violations of 
these 49 CFR part 393 requirements may be cited on the inspection 
report.
    Acceptance of periodic inspection decals from Canada or Mexico 
simply means that these carriers would not be cited for violations of 
49 CFR 396.17. As noted above, this decision does not constitute an 
exception from any of the applicable requirements under 49 CFR part 
393. Therefore, today's decision in no way compromises safety.
    Although passing a roadside inspection is another option under the 
current regime, FMCSA published a notice of proposed rulemaking on 
October 7, 2015 (80 FR 60592), which would, in response to a petition 
for rulemaking from the Commercial Vehicle Safety Alliance (CVSA), 
eliminate this option for all motor carriers subject to the FMCSRs.

Jurisdictions 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,
     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 since the list was originally established, two 
States have been removed. Arkansas no longer has a PI program for buses 
comparable to, or as effective, as the Federal PI program. And Oklahoma 
repealed its inspection requirements. Therefore, these States are no 
longer listed.
    In addition to the States listed above, 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, 
and with today's notice, Mexico's NOM 68 program, as comparable to, or 
as effective as, the Federal PI requirements.
    All other jurisdictions 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 jurisdictions 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 1.87.

    Issued on: March 9, 2016.
T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2016-05933 Filed 3-15-16; 8:45 am]
 BILLING CODE 4910-EX-P