Inspection, Repair and Maintenance; Inspector Qualifications; Application for an Exemption From the Intermodal Association of North America (IANA)

Topics:  Intermodal Association of North America

Larry W. Minor
Federal Motor Carrier Safety Administration
3 April 2020

[Federal Register Volume 85, Number 65 (Friday, April 3, 2020)]
[Notices]
[Pages 19055-19056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06886]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2020-0081]


Inspection, Repair and Maintenance; Inspector Qualifications; 
Application for an Exemption From the Intermodal Association of North 
America (IANA)

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

ACTION: Notice of application for exemption; request for comments.

-----------------------------------------------------------------------

SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) 
requests public comment on an application from the Intermodal 
Association of North America (IANA) for an exemption from the Federal 
Motor Carrier Safety Regulations (FMCSRs) that would allow an 
individual who successfully completes a training program consistent 
with a set of Intermodal Recommended Practices (IRPs) developed by IANA 
to be considered a qualified inspector for purposes of the periodic 
inspection rule, or a qualified brake inspector, for purposes of the 
brake system inspection, repair and maintenance requirements.

DATES: Comments must be received on or before May 4, 2020.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2020-0081 using any of the 
following methods:
     Website: http://www.regulations.gov. Follow the 
instructions for submitting comments on the Federal electronic docket 
site.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 
20590-0001.
     Hand Delivery: Ground Floor, Room W12-140, DOT Building, 
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m. 
e.t., Monday-Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and 
docket number for this notice. For detailed instructions on submitting 
comments and additional information on the exemption process, see the 
``Public Participation'' heading below. Note that all comments received 
will be posted without change to http://www.regulations.gov, including 
any personal information provided. Please see the ``Privacy Act'' 
heading for further information.

[[Page 19056]]

    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov or to Room W12-140, 
DOT Building, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. 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 FDMS), which can be reviewed at 
www.dot.gov/privacy.
    Public participation: http://www.regulations.gov website is 
generally available 24 hours each day, 365 days each year. You may find 
electronic submission and retrieval help and guidelines under the 
``help'' section of the http://www.regulations.gov website as well as 
the DOT's http://docketsinfo.dot.gov website. If you would like 
notification that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgment 
page that appears after submitting comments online.

FOR FURTHER INFORMATION CONTACT: Mr. Luke Loy, Vehicle and Roadside 
Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC-
PSV, (202) 366-0676, Federal Motor Carrier Safety Administration, 1200 
New Jersey Avenue SE, Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 CFR 381.315(a), FMCSA must publish a notice of each 
exemption request in the Federal Register. The Agency must provide the 
public with an opportunity to inspect the information relevant to the 
application, including any safety analyses that have been conducted. 
The Agency must also provide an opportunity for public comment on the 
request.
    The Agency reviews the safety analyses and the public comments and 
determines whether granting the exemption would likely achieve a level 
of safety equivalent to or greater than the level that would be 
achieved by the current regulation (49 CFR 381.305). The decision of 
the Agency must be published in the Federal Register (49 CFR 
381.315(b)). If the Agency denies the request, it must state the reason 
for doing so. If the decision is to grant the exemption, the notice 
must specify the person or class of persons receiving the exemption and 
the regulatory provision or provisions from which an exemption is 
granted. The notice must specify the effective period of the exemption 
(up to 5 years) and explain the terms and conditions of the exemption. 
The exemption may be renewed (49 CFR 381.315(c) and 49 CFR 381.300(b)).

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 1 year as outlined in those sections is considered to be 
qualified to conduct those inspections. IANA has applied for an 
exemption to allow a chassis mechanic who has successfully completed a 
training program consistent with IANA's IRPs to be a qualified 
inspector or qualified brake inspector without having the required 1 
year of training or experience. A copy of the application is included 
in the docket referenced at the beginning of this notice.

Request for Comments

    In accordance with 49 U.S.C. 31315(b)(6), FMCSA requests public 
comment from all interested persons on IANA's application for an 
exemption from Sec. Sec.  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 for Policy.
[FR Doc. 2020-06886 Filed 4-2-20; 8:45 am]
BILLING CODE 4910-EX-P