Amendments to Regulatory Guidance Concerning Periodic Inspection of Commercial Motor Vehicles

Courtney Kerwin
Environmental Protection Agency
22 July 2016

[Federal Register Volume 81, Number 141 (Friday, July 22, 2016)]
[Rules and Regulations]
[Pages 47732-47733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17362]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 396

[Docket No. FMCSA-2015-0176]
RIN 2126-AB81


Amendments to Regulatory Guidance Concerning Periodic Inspection 
of Commercial Motor Vehicles

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

ACTION: Amendment of regulatory guidance.

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SUMMARY: FMCSA amends regulatory guidance, previously published in the 
Federal Register, regarding the periodic inspection of commercial motor 
vehicles (CMVs). Elsewhere in today's issue of the Federal Register, 
FMCSA amends the Federal Motor Carrier Safety Regulations (FMCSRs) to, 
among other things, eliminate the option for a motor carrier to satisfy 
the periodic (annual) inspection requirement through a violation-free 
roadside inspection. As a result of this amendment to the FMCSRs, 
certain regulatory guidance is amended to ensure consistency between 
the FMCSRs and the published guidance.

DATES: Effective Date: This regulatory guidance is effective July 22, 
2016.

FOR FURTHER INFORMATION CONTACT: Mr. Mike Huntley, Vehicle and Roadside 
Operations Division, Office of Bus and Truck Standards and Operations, 
Federal Motor Carrier Safety Administration, telephone: 202-366-5370; 
michael.huntley@dot.gov.

SUPPLEMENTARY INFORMATION: On November 17, 1993, the Federal Highway 
Administration (FHWA) \1\ published ``Regulatory Guidance for the 
Federal Motor Carrier Safety Regulations'' at 58 FR 60734. The 
publication included interpretations of

[[Page 47733]]

49 CFR 396.17, a rule that requires all CMVs to be inspected at least 
once every 12 months in accordance with Appendix G to the FMCSRs 
(``Minimum Periodic Inspection Standards''), and 49 CFR 396.23, a rule 
that identifies alternative inspections that are considered equivalent 
to the annual inspection required under 49 CFR 396.17. The Agency 
interpreted the regulations to permit a roadside inspection to be 
considered as equivalent to the annual inspection. The regulatory 
guidance was republished on April 4, 1997, at 62 FR 16370.
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    \1\ The Motor Carrier Safety Improvement Act of 1999 [Pub. L. 
106-159, 113 Stat. 1748 (December 9, 1999)] established the FMCSA in 
the Department of Transportation. On January 4, 2000, the Office of 
the Secretary published a final rule delegating to the FMCSA 
Administrator the motor carrier safety functions required by MCSIA, 
which included certain motor carrier safety functions previously 
delegated to the FHWA (65 FR 200).
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    A final rule issued by FMCSA, published elsewhere in today's issue 
of the Federal Register, amends 49 CFR 396.17(f) and removes 49 CFR 
396.23(a) to eliminate the option for a motor carrier to meet the 
periodic inspection requirements through roadside inspections.
    Because not every element of Appendix G is reviewed/inspected 
during a roadside inspection conducted under the North American 
Standard Inspection, most roadside inspections do not meet the periodic 
(annual) inspection requirements under 49 CFR 396.17. For this reason, 
FMCSA does not believe it is appropriate to continue to allow motor 
carriers to use roadside inspections conducted by enforcement officials 
to satisfy the annual inspection requirements in 49 CFR 396.17(f). 
Motor carriers or their agents will now be required to complete a 
periodic inspection of every CMV under their control in accordance with 
Appendix G at least once every 12 months, irrespective of whether a 
roadside inspection is performed, unless the vehicle is subject to a 
mandatory State inspection program in accordance with 49 CFR 396.23 
which has been determined to be as effective as the requirements of 49 
CFR 396.17.
    Given the amendments to 49 CFR 396.17(f) discussed above, the final 
rule also removes 49 CFR 396.23(a), which currently permits a roadside 
inspection program of a State or other jurisdiction to be considered as 
meeting the periodic inspection requirements of 49 CFR 396.17.
    As a result of the final rule, and to maintain consistency between 
the amended FMCSRs and the published regulatory guidance, two 
regulatory guidance questions/answers are amended as follows:

Section 396.17, Question 1

    Question 1: Some of a motor carrier's vehicles are registered in a 
State with a mandated inspection program which has been determined to 
be as effective as the Federal periodic inspection program, but these 
vehicles are not used in that State. Is the motor carrier required to 
make sure the vehicles are inspected under that State's program in 
order to meet the Federal periodic inspection requirements?
    Guidance: If the State requires all vehicles registered in the 
State to be inspected through its mandatory program, then the motor 
carrier must use the State program to satisfy the Federal requirements. 
If, however, the State inspection program includes an exception or 
exemption for vehicles which are registered in the State but domiciled 
outside of the State, then the motor carrier may meet the Federal 
requirements through a self-inspection, a third party inspection, or a 
periodic inspection performed in any State with a program that the 
Federal Motor Carrier Administration (FMCSA) determines is comparable 
to, or as effective as, the part 396 requirements.

Section 396.23, Question 1

    Question 1: Can a violation-free Commercial Vehicle Safety Alliance 
(CVSA) Level I or Level V inspection be used to satisfy the periodic 
inspection requirements of Sec.  396.17?
    Guidance: No, a CVSA Level I or Level V inspection is not 
equivalent to the Federal periodic inspection requirements.

    Issued on July 14, 2016.
T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2016-17362 Filed 7-21-16; 8:45 am]
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