Inspection, Repair, and Maintenance; Periodic Inspection of Commercial Motor Vehicles

Kenneth R. Wykle
Federal Highway Administration
February 19, 1998

[Federal Register: February 19, 1998 (Volume 63, Number 33)]
[Notices]               
[Page 8516-8517]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19fe98-128]

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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration
[FHWA Docket No. MC-89-10; FHWA-97-2195]

 
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; 
closing of public docket.

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SUMMARY: This notice adds the State of Ohio's periodic inspection (PI) 
program for church buses to the list of programs which are comparable 
to, or as effective as, the Federal PI requirements contained in the 
Federal Motor Carrier Safety Regulations (FMCSRs). The FHWA has 
published a list of such programs in the Federal Register previously, 
and this list has been revised occasionally. Including Ohio, there are 
23 States, the Alabama Liquefied Petroleum Gas Board, the District of 
Columbia, 10 Canadian Provinces, and one Canadian Territory that have 
PI programs which the FHWA has determined to be comparable to, or as 
effective as, the Federal PI requirements. In addition, the FHWA is 
closing FHWA Docket No. MC-89-10, FHWA-97-2195 because interested 
parties know how to contact the FHWA by means other than the formal 
docket system to request that an inspection program be added to the 
list.

DATES: This action is effective on February 19, 1998.

FOR FURTHER INFORMATION CONTACT: Mr. Larry W. Minor, Office of Motor 
Carrier Standards, HCS-10, (202) 366-4009; 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 Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

    An electronic copy of this document may be downloaded using a modem 
and suitable communications software from the Federal Register 
Electronic Bulletin Board Service at (202) 512-1661. Internet users may 
reach the Federal Register's home page at: http://www.nara.gov/nara/
fedreg and the Government Printing Office's database at: http://
www.access.gpo.gov/su__docs.

Background

    Section 210 of the Motor Carrier Safety Act of 1984 (49 U.S.C. 
31142) (the Act) requires the Secretary of Transportation (the 
Secretary) to prescribe standards for annual, or more frequent, 
inspection of commercial motor vehicles (CMVs), unless the Secretary 
finds that another inspection system is as effective as an annual, or 
more frequent, inspection. On December 7, 1988, in response to the Act, 
the FHWA published a final rule amending 49 CFR part 396, Inspection, 
Repair, and Maintenance (53 FR 49402). The final rule requires CMVs 
operated in interstate commerce to 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 a State's PI program is comparable to, or as effective as, 
the requirements of part 396, then a motor carrier must ensure that all 
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 which requested States and other interested parties to 
identify and provide information on the CMV inspection programs in 
their respective jurisdictions (54 FR 11020). 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 (54 FR 50726, December 8, 1989). This initial list 
included 15 States and the District of Columbia. That list was revised 
on September 23, 1991, 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 (56 FR 47983). On November 27, 1992, the list was revised to 
include the Wisconsin bus inspection program (57 FR 56400). On April 
14, 1994, the list was revised to include the Texas CMV inspection 
program (59 FR 17829). The list was most recently revised on November 
7, 1995, to include the Connecticut bus inspection program (60 FR 
56183).

Determination: State of Ohio Church Bus Inspection Program

    The State of Ohio (the State) has implemented mandatory annual 
inspection requirements for church buses as part of its program to 
improve the safety of operation of private motor carriers of 
passengers. Church groups that operate buses which qualify as 
commercial motor vehicles (as defined in 49 CFR 390.5) are considered 
private motor carriers of passengers and are subject to certain Federal 
safety regulations, including the periodic inspection requirements 
found in 49 CFR part 396. The State requires churches using buses 
registered as a

[[Page 8517]]

``church bus'' in accordance with Ohio Revised Code 4503.07, and used 
to transport members to and from church services or functions, to 
submit an application for the registration of such buses to the Bureau 
of Motor Vehicles. As part of the annual registration application, the 
church must include a certificate from the State Highway Patrol as 
proof that the bus has been inspected and is safe for operation in 
accordance with the standards prescribed by the Superintendent of the 
State Highway Patrol. The inspections are performed by the State 
Highway Patrol at State facilities or the bus owner's garage.
    The FHWA has determined that the Ohio church bus inspection program 
in effect as of March 31, 1997, is comparable to, or as effective as, 
the Federal PI requirements. Therefore, private motor carriers of 
passengers operating buses which are subject to the State's program and 
which are subject to the FMCSRs must use the State's program to satisfy 
the Federal PI requirements.
    It should be noted that in accepting the State's PI program, the 
FHWA also accepts the recordkeeping requirements associated with the 
inspection program. The inspection report used to record the inspection 
is a two-part form. If the vehicle passes the inspection, the bottom 
portion of the form is given to the bus operator to submit to the 
Bureau of Motor Vehicles as part of the application for vehicle 
registration (e.g., purchasing the annual church bus license plate). 
The top portion of the inspection report is maintained by the State 
Highway Patrol. The State church bus license plate (with a current 
validation sticker) 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 
which the FHWA has determined are comparable to, or as effective as, 
the Federal PI requirements:

Alabama (LPG Board)
Arkansas
California
Connecticut
District of Columbia
Hawaii
Illinois
Louisiana
Maine
Maryland
Michigan
Minnesota
New Hampshire
New Jersey
New York
Ohio
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 10 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 
390.27.

Closing of FHWA Docket MC-89-10, FHWA-97-2195

    This notice officially closes FHWA Docket MC-89-10, FHWA-97-2195. 
The docket was opened on March 16, 1989, to solicit information and 
public comment on State inspection programs. Since the original list of 
State programs was published on December 8, 1989, information 
concerning additions to the list, including information about Canadian 
inspection programs, has been submitted directly to the Office of Motor 
Carriers by those jurisdictions. The agency believes interested parties 
know how to contact the FHWA by means other than the formal docket 
system and it is no longer necessary to keep the docket open.

    Authority: 49 U.S.C. 31136, 31142, 31502, and 31504; 49 CFR 
1.48.

    Issued on: February 11, 1998.
Kenneth R. Wykle,
Administrator, Federal Highway Administration.
[FR Doc. 98-4173 Filed 2-18-98; 8:45 am]
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