[Federal Register Volume 90, Number 182 (Tuesday, September 23, 2025)]
[Notices]
[Pages 45892-45894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-18425]
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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), Department
of Transportation (DOT).
ACTION: Notice of final disposition; renewal of exemption.
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SUMMARY: FMCSA announces its final decision to renew an exemption
requested by the Intermodal Association of North America (IANA) to
allow an individual who completes a training program consistent with
IANA's Intermodal Recommended Practices (IRPs) to be considered a
qualified inspector for purposes of the periodic inspection of
intermodal equipment (IME), or a qualified brake inspector, for
purposes of the brake system inspection, repair, and maintenance
requirements of IME.
DATES: This renewed exemption is effective from August 18, 2025, and
expires on August 17, 2030.
FOR FURTHER INFORMATION CONTACT: Mr. David Sutula, Chief, FMCSA Vehicle
and Roadside Operations Division, Office of Carrier, Driver, and
Vehicle Safety Standards; (202) 366-9209; [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
Viewing Comments and Documents
To view any documents mentioned as being available in the docket,
go to https://www.regulations.gov/docket/FMCSA-2020-0081/document 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 online by visiting Dockets 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 (FMCSRs).
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 analyses. The Agency must also 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 achieve a level of safety equivalent to, or greater than, the
level that would be achieved absent such exemption, pursuant to the
standard set forth in 49 U.S.C. 31315(b)(1). The Agency must publish
the 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 and the effective period and will explain 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. Background
Current Regulatory Requirements
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 1 year as outlined in those sections is considered to be
qualified to conduct those inspections.
IV. Application for Renewal of Exemption
The initial exemption application from IANA was described in detail
in a Federal Register notice on August 18, 2020 (85 FR 50876) and will
not be repeated here as the facts have not changed since that time.
FMCSA published a Federal Register notice announcing the application
for exemption renewal on July 1, 2025 (90 FR 28858).
V. Public Comments
The Agency received two comments to the public docket, one opposing
the exemption renewal and one that is not relevant to the exemption
application.
AWM Associates, LLC (AWM) contends that ``Since 2005 the IANA, its
members, and non-members have continued to neglect intermodal chassis
dispatching chassis [sic] that fall short of the FMCSR causing a
negative impact to carriers' CSA scores.'' AWM references a 2005 crash
at the Hampshire Illinois Toll Booth.
VI. Agency Decision
FMCSA has evaluated IANA's application and the public comment. For
the reasons discussed below, FMCSA has determined that granting the
exemption renewal to continue allowing individuals who successfully
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 provided by compliance with the regulations.
In 2015, IANA established a Mechanics Training Task Force as part
of its Maintenance & Repair Committee. As an initial step, the Task
Force evaluated the processes necessary for the inspection and repair
of intermodal equipment, and developed recommended practices and
training for the mechanics who inspect and work on the equipment. These
recommendations were based on IANA's analysis of FMCSA inspection data
for intermodal equipment over a 5-year period that identified specific
vehicle components that routinely are the subject of out-of-service
violations.
IANA stated that the goal of the Task Force was to develop
processes and procedures to assist the industry in complying with the
requirements in part 393, part 396, and Appendix G (now recodified as
Appendix A to part 396)
[[Page 45893]]
relating to intermodal equipment. Specifically, the Task Force
developed (1) a framework for the development of recommended practices
for the inspection and repair of IME, (2) a set of IRPs to guide the
inspection and repair of IME, and (3) a training methodology and set of
guidelines that increases and enhances the skills of an individual in
the inspection and repair of IME. The Task Force included
representation from all key stakeholder groups and developed the work
product as outlined in the three areas discussed above over the course
of 3 years. IANA's Maintenance & Repair Committee, which includes
additional stakeholder representatives from across the industry,
ultimately reviewed and approved the Task Force's work product.
FMCSA has reviewed the IANA Guide that includes the 53 individual
IRPs and associated resources, along with the Competency Documents,
Task Lists, and Question Matrix that together establish the framework
for the training program. In addition, the Maintenance & Repair
Committee determined that inspectors/mechanics need at least 480 hours
of training on the materials discussed above, with approximately one-
third of the instruction classroom-based and approximately two-thirds
of the instruction laboratory/hands-on based. FMCSA believes that an
individual who successfully completes a training program consistent
with the IANA IRPs and associated requirements will possess the skills
and knowledge to be a highly proficient and efficient inspector,
without the need to have a minimum of 1 year of training or experience
or a combination thereof. FMCSA agrees that the establishment of
recommended inspection and repair practices and training guidelines
through a program based on the IANA IRPs and associated requirements
will have a positive impact on the safety and roadworthiness of IME,
and by extension, the traveling public.
In response to the comment opposed to the exemption application,
FMCSA notes that AWM did not cite the source of the information
presented and did not provide any specific concerns or supporting data
regarding the detailed and comprehensive IANA IRPs or associated
requirements developed by the IANA IRP Mechanics Training Task Force.
FMCSA further notes that the crash cited by AWM occurred several years
prior to the original application for exemption granted to IANA, and
thus is not germane to the safety analysis of the IRPs used to develop
training materials since that time.
VII. Exemption Decision
A. Grant of Exemption
FMCSA hereby renews a limited 5-year exemption to motor carriers
and intermodal equipment providers from the requirements in 49 CFR
396.19(a)(3)(ii) and 396.25(d)(3)(ii) to ensure that an individual
complete training, experience, or a combination thereof totaling at
least 1 year, provided that those individuals successfully complete a
training program that has self-certified with IANA as meeting the
requirements of the terms and conditions below. The inspector
qualification requirements in 49 CFR 396.19(a)(1) and (2) and
396.25(d)(1) and (2) continue to apply.
The exemptions are effective August 18, 2025, through August 17,
2030, 11:59 p.m. local time, unless rescinded earlier by FMCSA.
B. Applicability of Exemption
This exemption is limited to individuals performing periodic
inspections of, and brake system inspection, maintenance, service, or
repair of, IME, and does not eliminate the requirement under Sec. Sec.
396.19(a)(3)(ii) and 396.25(d)(3)(ii) that individuals have at least 1
year of training or experience or a combination thereof to be qualified
to conduct periodic inspections of or brake system inspection,
maintenance, service, or repair on commercial vehicles other than IME.
C. Terms and Conditions
This exemption allows individuals to meet the inspector
qualification requirements of 49 CFR 396.19(a)(3)(ii) and
396.25(d)(3)(ii) if they have completed a training program using a
curriculum consistent with (1) a set of 53 IRPs that have been
developed by IANA and (2) the Competency Documents, Task Lists, and
Question Matrices that have been developed by IANA for each of the 53
IRPs, subject to all the following terms and conditions:
1. The training provider must self-certify that its inspector
training program satisfies all the requirements of these terms and
conditions. Each program must:
a. Provide an inspector training program that is consistent with
IANA's IRPs which are updated from time to time and includes at a
minimum IRP C.101 Chassis--Safety and Inspection Procedures, IRP C.104
Credentials, Markings and Labeling--Inspect, IRP C.201 Lamps and
Reflectors--Inspect and Repair, IRP C.401 Wheel-End--Inspect,
Disassemble and Assemble, IRP C501 Upper Coupler/Kingpin--Inspect,
Repair and Replace, IRP C.601 Chassis Frame--Inspection, IRP C.607
Integral Locking Devices--Inspect, Repair and Replace, and Section
800--Brakes; IRPs C.801 through C.812.
b. Provide at least:
i. 540 hours of classroom and hands-on instruction exclusive of
time for new individual entrants to satisfy the requirements described
below, or;
ii. 210 hours of classroom and hands-on instruction exclusive of
time for individual entrants who have already completed at least 330
hours of combined classroom and hands-on experience and who have taken
and successfully passed the ASE T4 and T8 tests.
c. Provide instructional training such that approximately one-third
of the instruction is classroom based and two-thirds of the instruction
is laboratory or hands-on, consistent with the IANA IRPs.
d. Provide notice to IANA of the training program's self-
certification, including the effective date of self-certification.
e. Provide graduates with certificates of program completion that
indicate the individual has satisfactorily completed an inspector
training program consistent with the terms of this exemption.
f. Maintain a list of individuals to whom it has issued a
certificate as described in paragraph (d), confirm whether an
individual has successfully completed its inspector training program,
and provide such documentation upon the request of FMCSA, or a motor
carrier or IEP that employs, seeks to employ, or otherwise utilizes,
the individual as a qualified inspector.
g. Allow FMCSA access to any documents or records relating to the
inspector training program it provides that may be necessary for FMCSA
to evaluate the educator's compliance with the terms and conditions of
this exemption.
2. IANA must maintain, publish, and provide to FMCSA, a public list
of the training programs that have self-certified as having curricula
that meet the terms and conditions of this exemption. IANA must remove
from the list of self-certified training programs any training provider
that FMCSA or IANA determines does not comply with the terms and
conditions of the exemption.
3. Motor carriers and IEPs using an individual qualified under the
terms and conditions of this exemption to perform annual inspections
under 49 CFR 396.17 must ensure that the individual's training program
was on IANA's list of self-certified training
[[Page 45894]]
programs as of the date on the individual's certificate of program
completion and must continue to retain evidence of the individual's
qualifications, as required by 49 CFR 396.19(b) and 49 CFR 396.25(e).
The terms and conditions of this exemption do not delegate any
FMCSA responsibility to IANA. The exemption also does not authorize
IANA to collect a fee on behalf of the government, or to state or imply
that any third party's payment for IANA's training services is in lieu
of an otherwise applicable government fee. IANA is not offering goods
or services to FMCSA. Granting this exemption does not create any
expectation of payment or obligation to pay future claims.
VIII. Preemption
In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR
381.600, during the period this exemption is in effect, no State shall
enforce any law or regulation that conflicts with or is inconsistent
with this exemption with respect to a person operating under the
exemption. States may, but are not required to, adopt the same
exemption with respect to operations in intrastate commerce.
IX. Termination
The exemption will be rescinded if: (1) IANA, training providers,
motor carriers, intermodal equipment providers (IEP), or individuals
fail to comply with the terms and conditions of the exemption; (2) the
exemption has resulted in a lower level of safety than was maintained
before it was granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31136(e) and
31315(b).
Interested parties possessing information demonstrating that the
exemption granted herein does not result in the requisite statutory
level of safety should immediately notify FMCSA by email at
[email protected]. The Agency will evaluate any such information and, if
safety is being compromised or if the continuation of the exemption is
not consistent with the goals and objectives of 49 U.S.C. 31136 or
chapter 313, will take immediate steps to revoke the exemption.
Jesse Elison,
Chief Counsel.
[FR Doc. 2025-18425 Filed 9-22-25; 8:45 am]
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