[Federal Register Volume 87, Number 90 (Tuesday, May 10, 2022)]
[Proposed Rules]
[Pages 27981-27983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09657]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 350

[Docket No. FMCSA-2022-0079]


State Inspection Programs for Passenger-Carrier Vehicles

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

ACTION: Request for comment on withdrawn advance notice of proposed 
rulemaking.

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SUMMARY: On November 15, 2021, the Infrastructure Investment and Jobs 
Act (IIJA) was enacted, directing FMCSA to solicit additional comment 
on the Agency's April 27, 2016 advance notice of proposed rulemaking 
(ANPRM) concerning the potential establishment of requirements for 
States to implement annual inspection programs for commercial motor 
vehicles (CMVs) designed or used to transport passengers (passenger-
carrying CMVs).

DATES: Comments must be received on or before June 9, 2022.

ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2022-0079 using any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov/docket/FMCSA-2022-0079/document. Follow the online 
instructions for submitting comments.
     Mail: Dockets Operations, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: Dockets Operations, U.S. 
Department of Transportation, 1200 New Jersey Avenue SE, West Building, 
Ground Floor, Room W12-140, Washington, DC 20590-0001, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays. To be sure 
someone is there to help you, please call (202) 366-9317 or (202) 366-
9826 before visiting Dockets Operations.
     Fax: (202) 493-2251.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section for instructions on submitting 
comments.

FOR FURTHER INFORMATION CONTACT: Ms. Loretta Bitner, Chief, Passenger 
Carrier Safety Division, Office of Safety, FMCSA, 1200 New Jersey 
Avenue SE, Washington, DC 20590-0001, (202) 385-2428, 
[email protected]. If you have questions on viewing or submitting 
material to the docket, call Dockets Operations at (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

I. Public Participation and Request for Comments

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
request for comment (FMCSA-2022-0079), indicate the specific section of 
this document to which your comment applies, and provide a reason for 
each suggestion or recommendation. You may submit your comments and 
material online or by fax, mail, or hand delivery, but please use only 
one of these means. FMCSA recommends that you include your name and a 
mailing address, an email address, or a phone number in the body of 
your document so FMCSA recommends that you include your name and a 
mailing address, an email address, or a phone number in the body of 
your document so FMCSA can contact you if there are questions regarding 
your submission.
    To submit your comment online, go to https://www.regulations.gov/docket/FMCSA-2022-0079/document, click on this request for comment, 
click ``Comment,'' and type your comment into the text box on the 
following screen.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the facility, please enclose a stamped, 
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the 
comment period.
Confidential Business Information (CBI)
    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (5 U.S.C. 552), CBI is exempt from public disclosure. 
If your comments contain commercial or financial information that is 
customarily treated as private, that you actually treat as private, and 
that is relevant or responsive to the request for comment, it is 
important that you clearly designate the submitted comments as CBI. 
Please mark each page of your submission that constitutes CBI as 
``PROPIN'' to indicate it contains proprietary information. FMCSA will 
treat such marked submissions as confidential under the Freedom of 
Information Act, and they will not be placed in the public docket. 
Submissions containing CBI should be sent to Mr. Brian Dahlin, Chief, 
Regulatory Analysis Division, Office of Policy, FMCSA, 1200 New Jersey 
Avenue SE, Washington, DC 20590-0001. Any comments FMCSA receives not 
specifically designated as CBI will be placed in the public docket.

B. Viewing Comments and Documents

    To view any documents mentioned as being available in the docket, 
go to https://www.regulations.gov/docket/FMCSA-2022-0079/document and 
choose the document to review. To view comments, click this request for 
comment, then click ``Browse Comments.'' If you do not have access to 
the internet, you may view the docket online by visiting Dockets 
Operations in Room W12-140 on the ground floor of the DOT West 
Building, 1200 New Jersey Avenue SE, Washington, DC 20590-0001, between 
9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. To 
be sure someone is there to help you, please call (202) 366-9317 or 
(202) 366-9826 before visiting Dockets Operations.

C. Privacy

    DOT solicits comments from the public to better inform its 
regulatory process, in accordance with 5 U.S.C. 553(c). DOT posts these 
comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL 14--Federal Docket Management System), which 
can be reviewed at www.transportation.gov/privacy.

II. Background

    On April 27, 2016, in accordance with section 32710 of the Moving 
Ahead for Progress in the 21st Century Act (Pub. L. 112-141, 126 Stat. 
405, 815), FMCSA published in the Federal Register, an ANPRM titled 
``State Inspection Programs for Passenger-Carrier Vehicles'' (Docket 
No. FMCSA-2014-0470, 81 FR 24769). The ANPRM

[[Page 27982]]

announced that FMCSA was considering a requirement that States 
establish a program for annual inspections of passenger-carrying CMVs. 
FMCSA requested information from all interested parties that would 
enable the Agency to assess the risks associated with improperly 
maintained or improperly inspected passenger-carrying CMVs. The ANPRM 
also sought public comments concerning the effectiveness of the current 
FMCSA annual inspection standards, and data on the potential costs and 
benefits of a Federal requirement for each State to implement a 
mandatory inspection program. FMCSA inquired about how the Agency might 
incentivize States to adopt such programs.
    The comment period closed on June 27, 2016, and 22 comments were 
received, with a plurality (10 of 22) of commenters expressing general 
opposition to the mandatory State inspection requirement discussed in 
the ANPRM. After reviewing all the public comments, FMCSA determined 
there was not enough data and information available to support moving 
forward with a rulemaking action. As a result, on May 1, 2017, the 
Agency withdrew the ANPRM.\1\ (82 FR 20311)
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    \1\ The ANPRM and the ANPRM withdrawal are available in the 
docket for this request for comments.
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    On November 15, 2021, the IIJA was enacted, Public Law 117-58, 135 
Stat. 429 (H.R. 3684, Nov. 15, 2021). Section 23008(a) directed the 
Agency, within 1 year after the date of enactment, to solicit 
additional comments on the ANPRM to determine if data and information 
exist to support moving forward with a rulemaking.

III. Request for Public Comment

    As discussed above, FMCSA will use information gathered through 
this request for comment to further consider the issues associated with 
State inspections of passenger-carrying CMVs. Questions from the 2016 
ANPRM are reprinted here to guide commenters in their responses.\2\ The 
Agency encourages interested parties to provide information about the 
impact that such a rulemaking would have on State agencies that would 
be compelled to establish inspection programs, motor carriers' safety 
performance, operating costs, business practices, and any other aspects 
of transportation services provided by interstate passenger carriers.
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    \2\ The questions reprinted here are identical to those in the 
ANPRM with the exception of two locations where the term ``bus'' is 
replaced with the more accurate term ``passenger-carrying CMV'' and 
removal of question 40, which the Agency now deems irrelevant.
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    FMCSA requests data on and responses to the following issues and 
questions. The Agency also encourages commenters to describe any 
applicable regulatory inspection process under which they operate.

Existing State Mandatory Vehicle Inspection Programs for Passenger-
Carrying CMVs

    1. Does your State or the States in which you register your 
passenger-carrying CMV conduct mandatory inspections of such vehicles? 
Please indicate the State(s) in which your passenger-carrying CMVs are 
registered.
    2. What vehicle types are included in the mandatory passenger-
carrying CMV inspection program (e.g., motorcoaches, school buses, 
mini-buses, 9- to 15-passenger vans, etc.) and which are not included?
    3. If your State has a mandatory program, briefly describe your 
inspection procedures and indicate which vehicle components are 
inspected.
    4. How many total inspections are performed by your State annually 
for each of the following types of vehicles?

a. Motorcoaches
b. School buses
c. Mini-buses
d. 9- to 15-passenger vans
e. Other

    5. What is the estimated time required to complete each vehicle 
inspection?
    6. What procedures are used to record the vehicle inspection?
    7. If a vehicle does not pass an inspection, who addresses the 
issues? If it is done by someone other than the inspecting entity, is 
there a second inspection after the issues are addressed? On average, 
how many follow up inspections does it take to pass a vehicle?
    8. Are mandatory vehicle inspections performed by State employees, 
by third-party inspectors authorized by the State, or by passenger 
carrier employees through a State-authorized self-inspection program?
    9. If vehicle inspections are conducted by a State-authorized third 
party or by passenger-carrier employees authorized by the State, are 
there differences in safety outcomes between those conducted by State 
employees and those conducted by third-party inspectors or through a 
passenger carrier's State-authorized self-inspection facilities?
    10. Are there any specific benefits or concerns related to using 
third-party inspectors or by others?
    11. If inspections are conducted by third-party inspectors or by 
passenger carrier-employed mechanics or technicians, what oversight is 
or should be required?
    12. Should self-inspection or third-party inspections be options 
for compliance with a mandatory State inspection?
    13. How does/would the cost of inspections differ between those 
conducted by State employees or by third-party inspectors?
    14. What might be other preferable options?

Measuring Effectiveness of Inspection Programs

    15. Does your State have information on violations discovered 
during inspections that are attributable to maintenance issues that 
should have been found during a required vehicle inspection?
    16. Has your State considered implementing a mandatory passenger-
carrying CMV inspection program, but declined to do so? If so, what are 
your State's reasons for not implementing a program?
    17. If your State imposes mandatory inspection of passenger-
carrying CMVs, how is the effectiveness of that program measured?
    18. What are the most common vehicle defects discovered during 
these mandatory vehicle inspections? What safety conclusions do you 
draw from the results of these inspections?
    19. Has your State or organization collected data related to 
crashes, injuries, or fatalities attributable to improperly maintained 
or inspected passenger-carrying CMVs? If so, please provide summary 
information or links to detailed data associated with these areas.
    20. Has the occurrence of passenger-carrying CMV-involved crashes, 
injuries, or fatalities before and after the implementation of a 
mandatory inspection requirement been evaluated? If so, please provide 
summary information or links to detailed data associated with these 
areas.
    21. After a State inspection requirement was instituted, what 
changes were observed over time in the number of safety violations 
discovered during inspections, if any.
    22. Do programs that inspect only a sample of vehicles have 
significantly different outcomes than those where all vehicles are 
inspected, please provide examples of how they differ?

Inspection Facilities and Locations

    23. Where does your State conduct mandatory passenger-carrying CMV

[[Page 27983]]

inspections (e.g., State owned/leased facility, third party facility, 
carrier's place of business, or other type of facility)?
    24. Where should mandatory passenger-carrying CMV inspections be 
performed?
    25. If mandatory passenger-carrying CMV inspections are conducted 
at the carrier's place of business, what accommodations must be made to 
ensure appropriate access (e.g., pits, lifts, etc.) to conduct full 
inspections of motorcoaches and other large passenger vehicles?
    26. How does facility location or accessibility for mandatory 
inspections impact inspections or compliance?
    27. What delays may the State experience in completing mandatory 
inspections (e.g. lack of sufficient number of inspection facilities)?

Costs

    28. What is the cost per mandatory vehicle inspection to the 
carrier?
    29. Do inspection fees differ based on the type of vehicle being 
inspected?
    30. Do vehicle inspection fees differ based on location of the 
inspections?
    31. How much does it cost the State to establish and run inspection 
programs on an annual basis?
    32. If a vehicle does not pass an inspection, is there an 
additional cost for the second inspection?
    33. If fees are collected by the State, does the State dedicate the 
revenue to the administration of the program?

Uniformity of Mandatory Vehicle Inspection Programs

    34. What qualifications should be applicable to individuals 
authorized to perform mandatory passenger-carrying CMV inspections?
    35. Should minimum training elements be required for passenger-
carrying CMV inspections? If so, how much training should be required 
and who should administer the training?
    36. What should be the minimum vehicle components inspected under a 
mandatory passenger-carrying vehicle CMV inspection program?
    37. How does the existence of different vehicle inspection 
requirements among the States affect carrier business practices?
    38. How might business practices change under a uniform mandatory 
passenger-carrying vehicle CMV inspection program?

Current Federal Standards

    39. How effective are existing Federal standards for the inspection 
of passenger-carrying CMVs in (1) mitigating the risks associated with 
improperly maintained vehicles and (2) ensuring the safe and proper 
operating condition of the vehicles?

Federal Authority

    41. How should FMCSA incentivize the States to establish mandatory 
passenger-carrying CMV inspection programs?

Robin Hutcheson,
Deputy Administrator.
[FR Doc. 2022-09657 Filed 5-9-22; 8:45 am]
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