Inspection, Repair, and Maintenance; Driver-Vehicle Inspection Report for Intermodal Equipment |
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Topics: Federal Motor Carrier Safety Administration
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Anne S. Ferro
Federal Register
June 7, 2011
[Federal Register Volume 76, Number 109 (Tuesday, June 7, 2011)]
[Proposed Rules]
[Pages 32906-32911]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13935]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Parts 390 and 396
[Docket No. FMCSA-2011-0046]
RIN 2126-AB34
Inspection, Repair, and Maintenance; Driver-Vehicle Inspection
Report for Intermodal Equipment
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation.
ACTION: Notice of proposed rulemaking (NPRM); request for comments.
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SUMMARY: FMCSA proposes to revise a requirement of the Federal Motor
Carrier Safety Regulations that applies to intermodal equipment
providers and motor carriers operating intermodal equipment. The Agency
proposes to delete the requirement for drivers operating intermodal
equipment to submit and intermodal equipment providers to retain
driver-vehicle inspection reports when the driver has neither found nor
been made aware of any defects on the intermodal equipment used. This
NPRM responds to a joint petition for rulemaking from the Ocean Carrier
Equipment Management Association and the Institute of International
Container Lessors.
DATES: Send your comments on or before August 8, 2011.
ADDRESSES: You may submit comments identified by Docket ID Number
FMCSA-2011-0046 by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
Mail: Docket Management Facility: U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building, Ground
Floor, Room W12-140, Washington, DC 20590-0001.
Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., between 9 a.m. and 5 p.m.
ET, Monday through Friday, except Federal holidays.
Fax: 202-493-2251.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: Ms. Deborah M. Freund, Vehicle and
Roadside Operations Division, Office of Bus and Truck Standards and
Operations (MC-PSV), Federal Motor Carrier Safety Administration, 1200
New Jersey Avenue, SE., Washington, DC 20590; telephone (202) 366-5370.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for Comments
FMCSA encourages you to participate in this rulemaking by
submitting comments and related materials. All comments received will
be posted without change to http://www.regulations.gov and will include
any personal information you provide.
A. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (FMCSA-2011-0046), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online or by fax, mail, or hand delivery, but please use only one of
these means. FMCSA recommends that you include your name and a mailing
address, an e-mail address, or a phone number in the body of your
document so that FMCSA can contact you if there are questions regarding
your submission.
To submit your comment online, go to http://www.regulations.gov and
click on the ``Submit a Comment'' box, which will then become
highlighted in blue. In the ``Select Document Type'' drop-down menu,
select ``Proposed Rule,'' insert ``FMCSA-2011-0046'' in the ``Keyword''
box, and click ``Search.'' When the new screen appears, click on
``Submit a Comment'' in the ``Actions'' column. If you submit your
comments by mail or hand delivery, submit them in an unbound format, no
larger than 8\1/2\ by 11 inches, suitable for copying and electronic
filing. If you submit comments by mail and would like to know that they
reached the facility, please enclose a stamped, self-addressed postcard
or envelope.
FMCSA will consider all comments and material received during the
[[Page 32907]]
comment period and may change this proposed rule based on your
comments.
B. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble,
available in the docket, go to http://www.regulations.gov and click on
the ``Read Comments'' box in the upper right-hand side of the screen.
Then, in the ``Keyword'' box insert ``FMCSA-2011-0046'' and click
``Search.'' Next, click the ``Open Docket Folder'' in the ``Actions''
column. Finally, in the ``Title'' column, click on the document you
would like to review. If you do not have access to the Internet, you
may view the docket online by visiting the Docket Management Facility
in Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal
holidays.
C. Privacy Act
Anyone is able to search the electronic form for all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review the
U.S. Department of Transportation's (DOT) Privacy Act system of records
notice for the DOT Federal Docket Management System (FDMS) in the
Federal Register published on January 17, 2008 (73 FR 3316) at http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.
II. Abbreviations
ATA American Trucking Associations
CMV commercial motor vehicle
DOT U.S. Department of Transportation
DVIR driver-vehicle inspection report
FHWA Federal Highway Administration
FMCSRs Federal Motor Carrier Safety Regulations
IANA Intermodal Association of North America
IEP intermodal equipment provider
IICL Institute of International Container Lessors
IME intermodal equipment
NPRM Notice of Proposed Rulemaking
OCEMA Ocean Carrier Equipment Management Association
SAFETEA-LU Safe, Accountable, Flexible, Efficient Transportation
Equity Act; A Legacy for Users
Secretary Secretary of Transportation
III. Legal Basis for the Rulemaking
Although cargo containers move by ship, and often also by rail,
their journeys generally begin and end on chassis trailers for
transportation by highway to their final destinations. These trailers,
generally referred to as intermodal equipment (IME), fall under FMCSA's
safety jurisdiction. At issue in this NPRM is the requirement that
drivers complete driver vehicle inspection reports (DVIRs) which note
the existence or absence of defects or deficiencies in IME. FMCSA
proposes to eliminate the requirement that drivers complete DVIRs when
they have no defects or deficiencies to report.
This NPRM is based on the authority of the Motor Carrier Act of
1935 (1935 Act) and the Motor Carrier Safety Act of 1984 (1984 Act),
both of which are broadly discretionary, and the specific mandates of
section 4118 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act; a Legacy for Users (SAFETEA-LU Pub. L. 109-
59, 119 Stat. 1144, at 1729, August 10, 2005, codified at 49 U.S.C.
31151).
The 1935 Act provides that the Secretary of Transportation
(Secretary) may prescribe requirements for (1) qualifications and
maximum hours of service of employees of, and safety of operation and
equipment of, a (for-hire) motor carrier (49 U.S.C. 31502(b)(1)), and
(2) qualifications and maximum hours of service of employees of, and
standards of equipment of, a (not for-hire) motor private carrier, when
needed to promote safety of operation (49 U.S.C. 31502(b)(2)). This
rulemaking is based on the Secretary's authority under both provisions.
The 1984 Act authorizes the Secretary to regulate drivers, motor
carriers, and vehicle equipment. Codified at 49 U.S.C. 31136(a),
section 206(a) of the 1984 Act requires the Secretary to publish
regulations on motor vehicle safety. Specifically, the Act sets forth
minimum safety standards to ensure that: (1) Commercial motor vehicles
(CMVs) are maintained, equipped, loaded, and operated safely (49 U.S.C.
31136(a)(1)); (2) the responsibilities imposed on operators of CMVs do
not impair their ability to operate the vehicles safely (49 U.S.C.
31136(a)(2)); (3) the physical condition of CMV operators is adequate
to enable them to operate the vehicles safely (49 U.S.C. 31136(a)(3));
and (4) the operation of CMVs does not have a deleterious effect on the
physical condition of the operators (49 U.S.C. 31136(a)(4)).
Section 4118 of SAFETEA-LU, entitled ``Roadability,'' requires the
Secretary to issue regulations ``to ensure that intermodal equipment
used to transport intermodal containers is safe and systematically
maintained.'' Section 31151(a)(3) of title 49, United States Code,
specifies a minimum of 14 items to be included in those regulations. It
also authorizes departmental employees designated by the Secretary to
inspect IME and copy related maintenance and repair records (49 U.S.C.
31151(b)). Any IME that fails to comply with applicable Federal safety
regulations may be placed out of service (OOS) by Departmental or other
Federal, State, or governmental officials designated by the Secretary
until the necessary repairs have been made (49 U.S.C. 31151(c)). Also
included is a provision preempting inconsistent State, local, or tribal
requirements, but providing that preemption may be waived upon
application by the State if the Secretary finds the State requirement
is as effective as the Federal requirement and does not unduly burden
interstate commerce (49 U.S.C. 31151(d) and (e)).
FMCSA published a final rule on December 17, 2008 (73 FR 76794)
implementing the SAFETEA-LU requirements. That rule requires Intermodal
Equipment Providers (IEPs) to register and file with FMCSA an
Intermodal Equipment Provider Identification Report (Form MCS-150C);
establish a systematic inspection, repair, and maintenance program in
order to provide IME that is in safe and proper operating condition;
maintain documentation of their maintenance program; and provide a
means to respond effectively to driver and motor carrier reports about
intermodal chassis mechanical defects and deficiencies. The regulations
also require IEPs to mark each intermodal chassis offered for
transportation in interstate commerce with a DOT identification number.
These regulations, for the first time, make IEPs subject to the Federal
Motor Carrier Safety Regulations (FMCSRs), and call for shared safety
responsibility among IEPs, motor carriers, and drivers. Additionally,
FMCSA adopted inspection requirements for motor carriers and drivers
operating IME.
IV. Background
Section 4118 of SAFETEA-LU [Pub. L. 109-59, August 10, 2005, 119
Stat. 1144, 1729] amended 49 U.S.C. chapter 311 to require that the
Secretary establish a program ensuring that IME used to transport
intermodal containers is safe and systematically maintained (49 U.S.C.
31151). Among other things, the statute called for the Secretary to
mandate ``a process by which a driver or motor carrier transporting IME
is required to report to the IEP or the providers' designated agent any
actual damage or defect in the IME of which the driver or motor carrier
is aware at the time the IME is returned to the IEP or the provider's
designated agent'' (49 U.S.C. 31151(a)(3)(L)).
[[Page 32908]]
To satisfy this statutory requirement, FMCSA proposed a rule that
for the first time would (1) make IEPs subject to the FMCSRs and (2)
call for a shared safety responsibility among IEPs, motor carriers, and
drivers (71 FR 76796, December 21, 2006). That proposed rule included a
new Sec. 390.44 (changed to Sec. 390.42 in the final rule), which
prescribed the responsibilities of drivers and motor carriers when
operating IME. Proposed Sec. 390.44(b) required the driver or motor
carrier to report any damage or deficiencies in the equipment at the
time the equipment is returned to the IEP. These included, at a
minimum, the items listed in proposed Sec. 396.11(a)(2), which
required that the IEP have a process in place to receive reports of
defects or deficiencies in the equipment and which listed the specific
components that must be included on the DVIR. Finally, FMCSA proposed a
new Sec. 396.12 that required IEPs to establish a procedure to accept
reports of defects or deficiencies from motor carriers or drivers,
repair the defects that are likely to affect safety, and document the
procedure. Importantly, FMCSA did not propose any changes to Sec.
396.11(b), ``Report content,'' which requires--for both non-IME and
IME--that ``If no defect or deficiency is discovered by or reported to
the driver, the report shall so indicate.'' This requirement to prepare
a DVIR, even in the absence of equipment defects or deficiencies
(hereafter a ``no-defect DVIR''), has been in the safety regulations
since 1952 (17 FR 4422, 4452, May 15, 1952).\1\ FMCSA did not receive
any comments opposing its decision not to make changes to Sec.
396.11(b).
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\1\ The driver's responsibility to report vehicle defects has
always been part of the Federal safety regulations for CMVs. Part 6,
Rule 6.6, of the Motor Carrier Safety Regulations issued by the
Interstate Commerce Commission (ICC) in 1939 called for every driver
to submit a written report at the end of his day's work or tour of
duty to inform his employer of any vehicle defect or deficiency he
discovered that would likely affect the safety of operation of that
vehicle (4 FR 2294, 2305, June 7, 1939). The ICC recommended, but
did not require, motor carriers to use a Driver's Trip Report. The
report included the driver's name, vehicle number, date, a list of
20 items for inspection and a space for the driver and mechanic to
note defects.
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In the final rule, published December 17, 2008 (73 FR 76794), the
Agency added language in the new Sec. 390.42(b) (which had been Sec.
390.44 in the NPRM) and Sec. 396.12(b)(4) to clarify that ``if no
damage, defects, or deficiencies are discovered by the driver, the
report shall so indicate.'' This was done to make the new rules for
IEPs consistent with Sec. 396.11(b), which has, for many years,
required drivers to prepare no-defect DVIRs.
On October 27, 2009, Ocean Carrier Equipment Management Association
(OCEMA) petitioned FMCSA for a partial extension of the compliance date
for Sec. Sec. 396.9(d), 396.11(a)(2), 396.12(a), 396.12(c), and
396.12(d). These provisions include the process for delivering the DVIR
and acting on defects or deficiencies reported. FMCSA granted the
petition. In a final rule published December 29, 2009, the compliance
date for these provisions was extended from December 17, 2009, to June
30, 2010 (74 FR 68703).
V. OCEMA's and IICL's Petition
On March 31, 2010, OCEMA and Institute of International Container
Lessors (IICL) jointly petitioned FMCSA to rescind the part of Sec.
390.42(b) that concerns a driver's responsibility to file no-defect
DVIRs with IEPs on IME they are returning.\2\ The regulatory text at
issue states:
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\2\ Although the petition did not specifically address the
analogous requirement in Sec. 396.12(b)(4), this NPRM addresses the
issue of ``no-defect DVIRs'' throughout Parts 390 and 396.
(b) A driver or motor carrier transporting intermodal equipment
must report to the intermodal equipment provider, or its designated
agent, any known damage, defects, or deficiencies in the intermodal
equipment at the time the equipment is returned to the provider or
the provider's designated agent. If no damage, defects, or
deficiencies are discovered by the driver, the report shall so
indicate. The report must include, at a minimum, the items in Sec.
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396.11(a)(2) of this chapter (emphasis added).
OCEMA and IICL requested that FMCSA delete the sentence in italics.
The petitioners presented four arguments against the DVIR element
of the current rule:
(1) SAFETEA-LU requires DVIRs only for known damage or defects.
Congress could have added a requirement to file no-defect DVIRs but did
not do so. The regulatory imposition of no-defect DVIRs is not required
by law and likely is inconsistent with Congressional intent.
(2) There is a significant risk that the volume of no-defect DVIRs,
if required, could overwhelm the 4 percent of DVIRs that contain damage
or defects. Using a sampling of industry data from 2007-2009, OCEMA
estimated that 16.9 percent of chassis operating in the United States
are in-gated (return to the IME through the in-gate process) every day.
Assuming a fleet of 650,000 active chassis per day, there are 109,850
in-gates per day and 40,095,250 in-gates per year. The petitioners
estimated that approximately 96 percent of DVIRs collected do not
contain discrepancies, which results in 38,491,440 no-defect DVIRs per
year. The risk is that 1,603,810 DVIRs, or 4 percent of the total, that
contain defect and damage information will be lost, obscured, or
delayed by the sheer magnitude of the remaining 96 percent of no-defect
DVIRs.
(3) The petitioners added that ``Data transmission, processing, and
storage requirements for no-defect DVIRs add significant unnecessary
costs to intermodal operations with no apparent offsetting benefits.''
They stated:
Each DVIR processed will involve utilizing the GIER [Global
Intermodal Equipment Registry] system to retrieve the USDOT number
at a transaction cost of $.02. For an estimated 38,491,440 no-defect
DVIRs per year, IEPs would incur over $769,828.00 in costs to
retrieve just that information.
(4) The petitioners claimed that submission of no-defect DVIRs
contributes to driver productivity losses in the form of congestion and
delay at intermodal facilities. The petitioners assumed that truck
drivers take 3 minutes to fill out a report, which results in 1,924,572
driver hours lost per year. They added:
IEPs will incur costs associated with storage of electronic or
paper copies and the reproduction of same for FMCSA personnel.
Assuming truck drivers take 3 minutes per report, this would mean
almost 2 million driver-hours spent on a largely meaningless
exercise.
FMCSA granted the petition on July 30, 2010. The Agency Order
granting the petition has been placed in the docket.
Because FMCSA did not have sufficient time to address the petition
through a notice-and-comment rulemaking prior to the compliance date of
June 30, 2010, it published a final rule on August 20, 2010 that
extended the compliance date for Sec. 390.42(b) to June 30, 2011 (75
FR 51419).
VI. Agency Analysis of the Petition and Discussion of Proposed Rule
The Agency agrees with the petitioners that the existing
requirement for motor carriers to prepare no-defect DVIRs goes beyond
the specific requirements of 49 U.S.C. 31151(a)(3)(L). In its 2008
final rule, FMCSA, for the first time, subjected IEPs to the FMCSRs,
and called for shared safety responsibility among IEPs, motor carriers,
and drivers regarding processes for assessing the condition of IME and
documenting deficiencies and repairs. Section 390.40(d) requires an IEP
to ``provide intermodal equipment that is in safe and proper operating
condition.'' At facilities at which the IEP makes IME available for
interchange, Sec. 390.40(i) requires that the IEP must (1)
[[Page 32909]]
develop and implement procedures to repair any equipment damage,
defects, or deficiencies identified as part of a pre-trip inspection,
or (2) replace the equipment. Existing regulations provide a system of
checks and balances to ensure that all IME offered for interchange is
in safe and proper operating condition--regardless of whether the motor
carrier prepared a DVIR for IME that had no damage, defects, or
deficiencies at the time it was returned.
Accordingly, FMCSA is proposing to eliminate the language of
Sec. Sec. 390.42(b) and 396.12(b)(4) that expressly requires motor
carriers to prepare and transmit a no-defect DVIR to the IEP upon
returning the IME. For consistency, the Agency is also proposing minor
amendments to Sec. 396.11(b) to clarify that no-defect DVIRs do not
need to be prepared for items of IME.
This proposed rule does not change a driver's obligation to assess
the condition of IME at the end of a workday to determine whether the
IME has defects or deficiencies that could affect the safety of its
operation. Although FMCSA proposes to remove the requirement to
complete a DVIR if the driver has found no defects in the IME and none
have been reported to the driver, he or she must still inspect the IME
to make this determination. This proposed change also does not affect
requirements governing the inspection and completion of DVIRs for power
units.
Although FMCSA is proposing to make the change requested by the
petitioners, it still seeks comments from all interested parties on
certain aspects of the DVIR process. First, there are differences
between the Petitioners' and FMCSA's previously published cost and time
burden estimates associated with no-defect DVIRs. The Information
Collection Request (ICR) statement referenced in the 2008 final rule
\3\ estimated the time spent for a driver to prepare a written
inspection report and provide a copy to his/her employing motor carrier
as approximately 2 minutes 30 seconds on average. Additionally, 5
seconds were estimated for a driver to review and acknowledge the last
vehicle inspection report that had noted no vehicle defects. This
results in a total burden of 2 minutes 35 seconds when no defect was
found, less than the 3 minute burden presented in the petition. Neither
the 2008 final rule nor the petition evaluated the time burden of
handling DVIR paperwork by motor carriers and IEP staff.
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\3\ See the currently approved supporting statement for
Inspection, Repair and Maintenance Information Collection Request
(ICR) (OMB control number 2126-0003).
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Second, the petitioners also stated that a $.02 transaction cost is
incurred by the IEP to retrieve the USDOT number through an electronic
database, which is necessary for IME identification and completion of
no-defect DVIR processing. However, the Agency published a technical
amendment on December 29, 2009 (74 FR 68703), which introduced a fifth
option for IME identification: use of an electronic database system.
The Agency required that several conditions be satisfied, specifically,
that the system not require a user-fee:
2. The identification system shall be publicly-available, and
offer read-only access for inquiries on individual items of IME
without requiring advance user registration, a password, or a usage-
fee. The identification system must be accessible through: real-time
internet access via public web portal; and toll-free telephonic
access (emphasis added)
Because the Agency cannot validate the cost and time burden
associated with no-defect DVIRs, the Agency is requesting that
commenters to this rulemaking provide their analysis of the DVIR
process. FMCSA requests comments from all interested parties on these
questions:
1. DVIR Handling
1.1. Please explain in detail the procedures for filing and
maintaining DVIRs from the time they are completed through the end of
their retention periods. Are defect DVIRs are kept separate from no-
defect DVIRs, sent to maintenance staff, and then acted on? Do you have
special procedures in place for the no-defect DVIRs? If so, please
describe them.
1.2. Do you have examples of specific incidents in which handling
of a large volume of no-defect DVIRs has interfered with handling of
defect DVIRs? If so, please describe how these additional documents
affected the repairing of defects.
1.3. Some DVIRs are completed electronically. Are the electronic
DVIRs automatically or manually separated into defect and no-defect
categories? Do you have an estimate of the percentage of forms filled
out on paper and electronically? If so, please provide detailed
information on the data and methodology used for that estimate.
2. Please provide information on the percentage of no-defect DVIRs.
Also, please provide a discussion of the methodology for developing
this information.
Proposed Changes
This proposed rule would revise Sec. Sec. 390.42(b), 396.11(b),
and 396.12(b)(4) to delete the sentence, ``If no damage, defects, or
deficiencies are discovered by the driver, the report shall so
indicate.'' This proposed rule also makes an editorial change. The
language that was originally under Sec. 396.11(b) has been split, for
clarity, into three subparagraphs: Sec. 396.11(b)(1), (2), and (3),
respectively. New text, as described, is contained in Sec.
396.11(b)(2).
VII. Regulatory Analyses
Executive Orders 13563 and 12866 (Regulatory Planning and Review) and
DOT Regulatory Policies and Procedures
FMCSA has determined that this action does not meet the criteria
for a ``significant regulatory action.'' either as specified in
Executive Order 12866 as supplemented by Executive Order 13563 issued
by the President on January 18, 2011 (76 FR 3821) or within the meaning
of the Department of Transportation regulatory policies and procedures
(44 FR 11034, February 26, 1979). If this rule becomes final, the
industry would not be expected to experience new costs.
The proposed rule would remove the requirement for drivers to
submit DVIRs when they do not have IME defects or deficiencies to
report. Because the requirement for identifying IME only came into
effect in December 2010, and because information management systems and
crash report forms are still in the process of being revised to
identify IEPs, the Agency does not have current data on crashes
involving IME or subject to the December 2008 rule. Because IEPs
continue to be required to provide IME intended for interchange to
motor carriers that is in safe and proper operating condition, the
Agency does not expect implementation of this rule to result in any
change in the number of truck crashes.
Lacking independent data, FMCSA also is unable to estimate the
precise aggregate benefits of the proposed rule.
Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
Federal agencies to determine whether proposed rules could have a
significant economic impact on a substantial number of small entities.
This proposed rule would grant regulatory relief to IEPs, which consist
of 108 entities, including steamship lines, railroads, and chassis pool
operators. In its 2008 final rule, the Agency confirmed that all IEPs
are either foreign-owned or otherwise do not meet the criteria for
small business
[[Page 32910]]
designation as defined by the Small Business Administration (73 FR
76816). Consequently, the Agency certifies that this proposed action
would not have a significant economic impact on a substantial number of
small entities.
Unfunded Mandates Reform Act of 1995
This rulemaking does not impose an unfunded Federal mandate, as
defined by the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532, et
seq.), that will result in the expenditure by State, local, and tribal
governments, in the aggregate, or by the private sector, of $140.8
million (which is the value of $100 million in 2009 after adjusting for
inflation) or more in any 1 year.
Executive Order 12988 (Civil Justice Reform)
This proposed action meets applicable standards in sections 3(a)
and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Executive Order 13045 (Protection of Children)
FMCSA analyzed this action under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. We
determined that this rulemaking does not pose an environmental risk to
health or safety that may disproportionately affect children.
Executive Order 12630 (Taking of Private Property)
This rulemaking does not effect a taking of private property or
otherwise have takings implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Executive Order 13132 (Federalism)
A rulemaking has implications for Federalism under Executive Order
13132, Federalism, if it has a substantial direct effect on State or
local governments and would either preempt State law or impose a
substantial direct cost of compliance on them. FMCSA analyzed this
proposed action in accordance with Executive Order 13132. The proposal
would not have a substantial direct effect on States, nor would it
limit the policymaking discretion of States. Nothing in this rulemaking
would preempt any State law or regulation.
Executive Order 12372 (Intergovernmental Review)
The regulations implementing Executive Order 12372 regarding
intergovernmental consultation on Federal programs and activities do
not apply to this action.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that FMCSA consider the impact of paperwork and other information
collection burdens imposed on the public. We determined that no new
information collection requirements are associated with this proposed
rule. The Agency believes that, if promulgated, this rulemaking would
result in a reduction in the information collection burden associated
with completing the driver-vehicle inspection report, but cannot
quantify the reduction at this time.
National Environmental Policy Act
FMCSA analyzed this NPRM for the purpose of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
determined under our environmental procedures Order 5610.1, issued
March 1, 2004 (69 FR 9680), that this proposed action does not have any
effect on the quality of the environment. Therefore, this NPRM is
categorically excluded from further analysis and documentation in an
environmental assessment or environmental impact statement under FMCSA
Order 5610.1, paragraph 6(bb) of Appendix 2. The Categorical Exclusion
under paragraph 6(y)(6) relates to ``regulations concerning vehicle
operation safety standards,'' such as the driver-vehicle inspection
reports addressed by this rulemaking. A Categorical Exclusion
determination is available for inspection or copying in the
Regulations.gov Web site listed under ADDRESSES.
We also analyzed this proposal under section 176(c) of the Clean
Air Act (CAA), as amended (42 U.S.C. 7401 et seq.), and implementing
regulations promulgated by the Environmental Protection Agency.
Approval of this action is exempt from the CAA's general conformity
requirement since it does not affect direct or indirect emissions of
criteria pollutants.
In addition to the NEPA requirements to examine impacts on air
quality, the CAA also requires FMCSA to analyze the potential impact of
its actions on air quality and to ensure that FMCSA actions conform to
State and local air quality implementation plans. The additional
contributions to air emissions from any of the options are expected to
fall within the CAA de minimis standards and are not expected to be
subject to the Environmental Protection Agency's General Conformity
Rule (40 CFR parts 51 and 93).
Executive Order 13211 (Energy Effects)
FMCSA analyzed this action under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We determined that it is not a ``significant
energy action'' under that Executive Order because it is not
economically significant and is not likely to have an adverse effect on
the supply, distribution, or use of energy.
List of Subjects
49 CFR Part 390
Highway safety, Intermodal transportation, Motor carriers, Motor
vehicle safety, Reporting and recordkeeping requirements.
49 CFR Part 396
Highway safety, Motor carriers, Motor vehicle safety, Reporting and
recordkeeping requirements.
In consideration of the foregoing, FMCSA proposes to amend 49 CFR
chapter III, subchapter B, as follows:
PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL
1. The authority citation for part 390 continues to read as
follows:
Authority: 49 U.S.C. 508, 13301, 13902, 31132, 31133, 31136,
31144, 31151, 31502, 31504; sec. 204, Pub. L. 104-88, 109 Stat. 803,
941 (49 U.S.C. 701 note); sec. 114, Pub. L. 103-311, 108 Stat. 1673,
1677; sec. 212, 217, 229, Pub. L. 106-159, 113 Stat. 1748, 1766,
1767, 1773; sec. 4136, Pub. L. 109-59, 119 Stat. 1144, 1745 and 49
CFR 1.73.
2. Revise Sec. 390.42(b) to read as follows:
Sec. 390.42 What are the responsibilities of drivers and motor
carriers operating intermodal equipment?
* * * * *
(b) A driver or motor carrier transporting intermodal equipment
must report to the intermodal equipment provider, or its designated
agent, any known damage, defects, or deficiencies in the intermodal
equipment at the time the equipment is returned to the provider or the
provider's designated agent. The report must include, at a minimum, the
items in Sec. 396.11(a)(2) of this chapter.
PART 396--INSPECTION, REPAIR, AND MAINTENANCE
3. The authority citation for part 396 continues to read as
follows:
[[Page 32911]]
Authority: 49 U.S.C. 31133, 31136, 31151, and 31502; and 49 CFR
1.73.
4. Revise Sec. 396.11(b) to read as follows:
Sec. 396.11 Driver vehicle inspection report(s).
* * * * *
(b) Report content. (1) The report shall identify the vehicle and
list any defect or deficiency discovered by or reported to the driver
that would affect the safety of operation of the vehicle or result in
its mechanical breakdown.
(2) For vehicles other than intermodal equipment tendered by
intermodal equipment providers, if no defect or deficiency is
discovered by or reported to the driver, the written report shall so
indicate.
(3) For intermodal equipment tendered by intermodal equipment
providers, if no defects or deficiencies are discovered by or reported
to the driver, no written report is required.
(4) In all instances where a written driver vehicle inspection
report is required, the driver shall sign the report. On two-driver
operations, only one driver needs to sign, provided both drivers agree
as to the defects or deficiencies identified. If a driver operates more
than one vehicle during the day, a report shall be prepared for each
vehicle operated.
* * * * *
5. Revise Sec. 396.12(b)(4) to read as follows:
Sec. 396.12 Procedures for intermodal equipment providers to accept
reports required by Sec. 390.42 (b) of this chapter.
* * * * *
(b) * * *
(4) All damage, defects, or deficiencies of the intermodal
equipment must be reported to the equipment provider by the motor
carrier or its driver. If no defect or deficiency in the intermodal
equipment is discovered by or reported to the driver, no written report
is required.
* * * * *
Issued on: May 27, 2011.
Anne S. Ferro,
Administrator, FMCSA.
[FR Doc. 2011-13935 Filed 6-6-11; 8:45 am]
BILLING CODE 4910-EX-P