Inspection, Repair, and Maintenance; Periodic Inspection of Commercial Motor Vehicles |
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Rodney E. Slater
Federal Highway Administration
April 14, 1994
[Federal Register Volume 59, Number 72 (Thursday, April 14, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Printing Office [www.gpo.gov] [FR Doc No: 94-8976] [[Page Unknown]] [Federal Register: April 14, 1994] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Highway Administration [FHWA Docket No. MC-89-10] Inspection, Repair, and Maintenance; Periodic Inspection of Commercial Motor Vehicles AGENCY: Federal Highway Administration (FHWA), DOT. ACTION: Notice to motor carriers on State periodic inspection programs. ----------------------------------------------------------------------- SUMMARY: This notice adds the periodic inspection (PI) program of the State of Texas to the list of programs which are comparable to, or as effective as, the Federal PI requirements contained in 49 CFR 396.15 through 396.23. The FHWA published its initial list on December 8, 1989 (54 FR 50726). The list was most recently revised on November 27, 1992 (57 FR 56400). Including Texas, there are 21 States, the Alabama Liquefied Petroleum Gas Board, the District of Columbia, 9 Canadian Provinces, and one Canadian Territory which have PI programs which the FHWA has determined to be comparable to, or as effective as, the Federal PI requirements. DATES: This docket will remain open until further notice. ADDRESSES: Submit written, signed comments to FHWA Docket No. MC-89-10, room 4232, HCC-10, Office of the Chief Counsel, Federal Highway Administration, 400 Seventh Street, SW., Washington, DC 20590. All comments received will be available for examination at the above address from 8:30 a.m. to 3:30 p.m., e.t., Monday through Friday, except legal Federal holidays. Those desiring notification of receipt of comments must include a self-addressed, stamped postcard. FOR FURTHER INFORMATION CONTACT: Mr. Larry W. Minor, Office of Motor Carrier Standards, HCS-10, (202) 366-2981; or Mr. Charles Medalen, Office of the Chief Counsel, HCC-20, (202) 366-1354, Federal Highway Administration, 400 Seventh Street, SW., Washington, DC 20590. Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday through Friday, except legal Federal holidays. SUPPLEMENTARY INFORMATION: Section 210 of the Motor Carrier Safety Act of 1984 (the Act) (49 U.S.C. app. 2509) required the Secretary of Transportation to establish standards for annual or more frequent inspection of commercial motor vehicles (CMVs), and the retention, by motor carriers, of the records of such inspections. On December 7, 1988, the FHWA published a final rule in the Federal Register (53 FR 49402) [Docket No. MC-113] which implemented the statutory requirements by amending part 396, Inspection, Repair, and Maintenance, of the Federal Motor Carrier Safety Regulations (FMCSRs). That final rule requires that CMVs operating in interstate commerce be inspected at least once a year. The inspection is to be based on Federal inspection standards, or a State inspection program determined by the FHWA to be comparable to, or as effective as, the Federal standards. Accordingly, if the FHWA determines that a State's PI program is comparable to, or as effective as, the requirements of part 396, then a motor carrier must ensure that any of its CMVs which are required by that State to be inspected through the State's inspection program are so inspected. If a State does not have such a program, the motor carrier is responsible for ensuring that 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 (54 FR 11020) [Docket No. MC-89-10] which requested States and other interested parties to identify and provide information on the CMV inspection programs in their States. Upon review of the information submitted, the FHWA published a list of State inspection programs which were determined to be comparable to the Federal PI requirements on (December 8, 1989, 54 FR 50726). This initial list included 15 States and the District of Columbia. The list was revised on September 23, 1991 (56 FR 47983), 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. On November 27, 1992 (57 FR 56400), the list was revised to include the Wisconsin bus inspection program. Determination: State of Texas CMV Inspection Program On October 8, 1993, the State of Texas (the State) amended its inspection requirements for CMVs under Sec. 23.101 of the Texas Administrative Code. The State requires CMVs which are registered in Texas to be inspected annually. The State defines a CMV as any self- propelled or towed vehicle (except certain farm vehicles with a gross weight, registered weight, or gross weight rating of less than 48,000 pounds) used on a public highway to transport passengers or property when: (1) The vehicle or combination of vehicles has a gross weight, registered weight, or gross weight rating in excess of 26,000 pounds, (2) the vehicle is designed to transport more than 15 passengers, including the driver, or (3) the vehicle is used in the transportation of hazardous materials in a quantity requiring placarding. Upon review of the material submitted by the State, the FHWA has determined that the Texas CMV inspection program in effect as of January 1, 1994, is comparable to or as effective as the Federal PI requirements. Therefore, motor carriers operating CMVs (as defined in 49 CFR 390.5) subject to the Texas PI program must use the State's program to satisfy the Federal PI requirements. Not all CMVs are subject to the Texas program, however. Motor carriers operating vehicles that fall below the threshold weight for the Texas program, but which meet the FHWA's definition of a CMV may continue to use alternative means to satisfy the Federal PI requirements (e.g., self-inspection, the use of a commercial garage or similar facility, or passing a roadside inspection that meets the requirements of 49 CFR 396.17). The FHWA notes that the State requires that CMVs subject to its program, and inspected prior to January 1, 1994, be inspected on or before the expiration of the current State inspection certificate or decal but no later than December 31, 1994. Therefore, CMVs that have Texas inspection certificates or decals issued prior to January 1, 1994, may use the alternative means provided by Sec. 396.17 until the pre-1994 inspection certificate or decal expires, but no later than December 31, 1994. It should also be noted that in accepting the State's PI program, the FHWA also accepts the recordkeeping requirements associated with the inspection program. Texas issues inspection decals for CMVs which pass the State inspection. The State inspection decal is considered by the FHWA as satisfying the Federal requirement for proof of inspection on the CMV. States With Equivalent Periodic Inspection Programs The following is a complete list of States with inspection programs the FHWA has determined are comparable to, or as effective as, the Federal PI requirements. Alabama (LPG Board) Arkansas California District of Columbia Hawaii Illinois Louisiana Maine Maryland Michigan Minnesota New Hampshire New Jersey New York Oklahoma Pennsylvania Rhode Island Texas Utah Vermont Virginia West Virginia Wisconsin In addition to the States listed above, the FHWA has determined that the inspection programs of the 9 Canadian Provinces and the Yukon Territory are comparable to, or as effective as, the Federal PI requirements. All other States either have no PI programs for CMVs or their PI programs have not been determined by the FHWA to be comparable to, or as effective as, the Federal PI requirements. Should any of these States 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 FHWA regional office listed in 49 CFR 390. Authority: 49 U.S.C. 3102; 49 U.S.C. App. 2505; 49 CFR 1.48. Issued on: April 7, 1994. Rodney E. Slater, Federal Highway Administrator. [FR Doc. 94-8976 Filed 4-13-94; 8:45 am] BILLING CODE 4910-22-P