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

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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