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

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.

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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]

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