[Federal Register Volume 90, Number 124 (Tuesday, July 1, 2025)]
[Notices]
[Pages 28858-28859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-12203]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2020-0081]
Inspection, Repair and Maintenance; Inspector Qualifications;
Intermodal Association of North America (IANA) Application for Renewal
of Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of application for exemption renewal; request for
comments.
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SUMMARY: FMCSA requests public comment on an application from the
Intermodal Association of North America (IANA) to renew its exemption
from the Federal Motor Carrier Safety Regulations (FMCSRs) that allows
individuals who complete a training program consistent with IANA's
Intermodal Recommended Practices (IRPs) to be considered qualified
inspectors for purposes of the periodic inspection rule, or qualified
brake inspectors for purposes of the brake system inspection, repair
and maintenance requirements. The exemption was initially granted on
August 18, 2020, and expires on August 18, 2025.
DATES: Comments must be received on or before July 31, 2025.
ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2020-0081 by any of the following methods:
Federal eRulemaking Portal: www.regulations.gov. See the
Public Participation and Request for Comments section below for further
information.
Mail: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Washington, DC 20590-0001.
Hand Delivery or Courier: 1200 New Jersey Avenue SE, West
Building, Ground Floor, Washington, DC 20590-0001, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
Fax: (202) 493-2251.
Each submission must include the Agency name and the docket number
(FMCSA-2020-0081) for this notice. Note that DOT posts all comments
received without change to www.regulations.gov, including any personal
information included in a comment. Please see the Privacy Act heading
below.
Privacy Act: In accordance with 49 U.S.C. 31315(b), DOT solicits
comments from the public to better inform its exemption process. DOT
posts these comments, including any personal information the commenter
provides, to www.regulations.gov, as described in the system of records
notice DOT/ALL-14 FDMS (Federal Docket Management System (FDMS)), which
can be reviewed at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices. The comments are posted without
edit and are searchable by the name of the submitter.
FOR FURTHER INFORMATION CONTACT: Mr. David Sutula, Chief, FMCSA Vehicle
and Roadside Operations Division, Office of Carrier, Driver, and
Vehicle Safety Standards; (202) 366-2551; [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
FMCSA encourages you to participate by submitting comments and
related materials.
A. Submitting Comments
If you submit a comment, please include the docket number for this
notice (FMCSA-2020-0081), indicate the specific section of this
document to which the comment applies, and provide a reason for
suggestions or recommendations. 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
[[Page 28859]]
email address, or a phone number in the body of your document so the
Agency can contact you if it has questions regarding your submission.
To submit your comment online, go to https://www.regulations.gov/docket/FMCSA-2020-0081/document, click on this notice, 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.
FMCSA will consider all comments and material received during the
comment period. Comments received after the comment closing date will
be filed in the public docket and will be considered to the extent
practicable.
B. 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 responsive to the notice 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
notice, 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 of the notice. Submissions containing CBI should be
sent to Brian Dahlin [email protected], Chief, Regulatory
Evaluation Division, Office of Policy, FMCSA, 1200 New Jersey Avenue
SE, Washington, DC 20590-0001 or via email at [email protected].
At this time, you need not send a duplicate hardcopy of your electronic
CBI submissions to FMCSA headquarters. Any comments FMCSA receives not
specifically designated as CBI will be placed in the public docket for
this notice.
C. Viewing Comments and Documents
To view comments, as well as any documents mentioned in this
preamble as being available in the docket, go to https://www.regulations.gov, insert FMCSA-2020-0081 in the keyword box, select
the document tab and choose the document to review. To view comments,
click this notice, then click ``Browse Comments.'' If you do not have
access to the internet, you may view the docket by visiting Docket
Operations 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., ET 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.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant
exemptions from the Federal Motor Carrier Safety Regulations. FMCSA
must publish a notice of each exemption request in the Federal Register
(49 CFR 381.315(a)). The Agency must provide the public an opportunity
to inspect the information relevant to the application, including the
applicant's safety analysis. The Agency must provide an opportunity for
public comment on the request.
The Agency reviews the application, safety analyses, and public
comments submitted and determines whether granting the exemption would
likely maintain a level of safety equivalent to, or greater than, the
level that would be achieved absent such exemption, pursuant to the
standard in 49 U.S.C. 31315(b)(1). The Agency must publish its decision
in the Federal Register (49 CFR 381.315(b)). If granted, the notice
will identify the regulatory provision from which the applicant will be
exempt, the effective period, and all terms and conditions of the
exemption (49 CFR 381.315(c)(1)). If the exemption is denied, the
notice will explain the reason for the denial (49 CFR 381.315(c)(2)).
The exemption may be renewed (49 CFR 381.300(b)).
III. IANA Application for Exemption
The FMCSRs require individuals performing (1) annual inspections of
commercial motor vehicles (CMVs) under 49 CFR 396.17, or (2)
inspections, maintenance, repairs, or service to the brake systems on
CMVs under Sec. 396.25, to be properly qualified to perform such
inspections. Under Sec. Sec. 396.19(a)(3)(ii) and 396.25(d)(3)(ii), an
individual who has a combination of training or experience totaling at
least one year as outlined in those sections is considered to be
qualified to conduct those inspections.
On August 18, 2020 (85 FR 50876), FMCSA published a notice of final
disposition granting IANA a limited 5-year exemption to allow
individuals who complete a training program consistent with a set of
Intermodal Recommended Practices (IRPs) and associated requirements
that has been developed by IANA to be considered a qualified inspector
or qualified brake inspector for intermodal equipment (IME) under the
Federal Motor Carrier Safety Regulations (FMCSR), in lieu of having one
year of training or experience, or a combination thereof, prior to
becoming a certified inspector/brake inspector. The Agency determined
that granting the exemption to allow individuals who complete a
performance-based training program consistent with the IRPs and
associated requirements developed by IANA, instead of the time-based
training and experience requirements specified in the FMCSRs, would
likely achieve a level of safety equivalent to or greater than the
level of safety achieved by compliance with the regulation.
IANA has requested the renewal of its exemption to continue to
allow individuals who have successfully completed a training program
consistent with IANA's IRPs to be qualified inspectors or qualified
brake inspectors without having the required one year of training or
experience. A copy of the application for renewal is included in the
docket referenced at the beginning of this notice.
IV. Request for Comments
In accordance with 49 U.S.C. 31315(b), FMCSA requests public
comment from all interested persons on IANA's application for exemption
from 49 CFR 396.19(a)(3)(ii) and 396.25(d)(3)(ii) of the FMCSRs. All
comments received before the close of business on the comment closing
date indicated at the beginning of this notice will be considered and
will be available for examination in the docket at the location listed
under the Addresses section of this notice. Comments received after the
comment closing date will be filed in the public docket and will be
considered to the extent practicable. In addition to late comments,
FMCSA will also continue to file, in the public docket, relevant
information that becomes available after the comment closing date.
Interested persons should continue to examine the public docket for new
material.
Larry W. Minor,
Associate Administrator of Policy.
[FR Doc. 2025-12203 Filed 6-30-25; 8:45 am]
BILLING CODE 4910-EX-P