
[Federal Register: October 22, 2008 (Volume 73, Number 205)]
[Notices]               
[Page 63040-63041]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22oc08-112]                         

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

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

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

ACTION: Notice on State periodic inspection programs.

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SUMMARY: The FMCSA announces its acceptance of the State of 
Massachusetts' periodic inspection (PI) program for commercial motor 
vehicles (CMVs). The Agency has reviewed the State's inspection program 
for CMVs and determined that it should be added to the list of programs 
which have been determined to be comparable to, or as effective as, the 
Federal PI requirements contained in the Federal Motor Carrier Safety 
Regulations (FMCSRs). The State requires CMVs to be inspected annually 
or within 7 days of registration for newly acquired vehicles. The 
agency has published a list of such programs in the Federal Register 
previously, and this list has been revised occasionally. Including 
Massachusetts, 22 States, the Alabama Liquefied Petroleum Gas Board, 
the District of Columbia, 10 Canadian Provinces, and one Canadian 
Territory have PI programs which have been determined to be comparable 
to, or as effective as, the Federal PI requirements.

DATES: This action is effective on October 22, 2008.

FOR FURTHER INFORMATION CONTACT: Mr. Michael Huntley, Chief of the 
Vehicle and Roadside Operations Division, MC-PSV, (202) 366-5370, 
Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue, 
SE., 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:

Background

    Section 210 of the Motor Carrier Safety Act of 1984 (49 U.S.C. 
31142) (the Act) requires the Secretary of Transportation to prescribe 
standards for annual or more frequent inspection of CMVs unless the 
Secretary finds another inspection system is as effective as an annual 
or more frequent inspection. On December 7, 1988, in response to the 
Act, the Federal Highway Administration (FHWA), the agency within the 
Department of Transportation responsible for motor carrier safety until 
1999, published a final rule amending part 396 of the FMCSRs (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 agency determines a State's PI program 
is comparable to, or as effective as, the requirements of part 396, 
then a motor carrier must ensure 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 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 that 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 that 
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. The 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 47982). 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 
revised on November 7, 1995, to include the Connecticut bus inspection 
program (60 FR 56183). The most recent revision was made on February 
19, 1998 to include the Ohio inspection program for church buses (63 FR 
8516), and a notice announcing FMCSA's acceptance of certain 
enhancements to the program on June 18, 2001 (66 FR 32863).

Determination: State of Massachusetts Inspection Program

    The State of Massachusetts (the State) has implemented a mandatory 
annual inspection requirement for all buses (vehicles designed to 
transport 16 or more passengers, including the driver) and trucks as 
part of its program to improve the safety of operation of CMVs. As of 
October 1, 2008, the State prohibits any person from operating CMVs 
that are designed to transport 16 or more passengers, including the 
driver, or that have a gross vehicle weight rating of 4,536 kilograms 
(10,001 pounds) or more, unless the vehicle displays a valid safety 
inspection decal (540 Code of Massachusetts Regulations [CMR] 4.00 and 
310 CMR 60.02).
    The FMCSA has determined that the Massachusetts inspection program 
in effect as of October 1, 2008, is comparable to, or as effective as, 
the Federal PI requirements. Therefore, motor carriers operating CMVs 
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, FMCSA 
also accepts the recordkeeping requirements associated with the 
inspection program. Upon successful completion of the Massachusetts 
Commercial Motor Vehicle Safety Inspection a comprehensive Vehicle 
Inspection Report (VIR) is created which identifies the vehicle, 
inspector, and the status of the inspection. In addition to the VIR, a 
program inspection sticker indicating the vehicle has passed or failed 
the inspection will be affixed to the vehicle's windshield. For 
trailers, the required proof of inspection will be the VIR.
    Massachusetts will also have a database of all vehicle inspections 
performed. The vehicle inspection information will be captured at the 
end of the inspection and stored for a period of five years. State 
officials can query the database to capture a specific inspection 
report, or to summarize and analyze a subset or all CMV safety 
inspection records.

States With Equivalent Periodic Inspection Programs

    The following is a complete list of States with inspection programs 
that FMCSA has determined are comparable to, or as effective as, the 
Federal PI requirements.

Alabama (LPG Board),
California,
Connecticut,
District of Columbia,

[[Page 63041]]

Hawaii,
Illinois,
Louisiana,
Maine,
Maryland,
Massachusetts,
Michigan,
Minnesota,
New Hampshire,
New Jersey,
New York,
Ohio,
Pennsylvania,
Rhode Island,
Texas,
Utah,
Vermont,
Virginia,
West Virginia,
Wisconsin.

    Please note that two States have been removed from the previous 
list of approved programs. Arkansas no longer has a periodic inspection 
program for buses comparable to, or as effective, as the Federal PI 
program. Oklahoma has repealed its inspection requirements. Both States 
have therefore been de-listed. As required by 49 CFR 396.23(b)(2), each 
motor carrier in Arkansas and Oklahoma must ensure that the periodic 
inspection required by 49 CFR 396.17 is performed on all CMVs under its 
control.
    In addition to the States listed above, the FMCSA accepts the 
inspection programs of the 10 Canadian Provinces (Alberta, British 
Columbia, Manitoba, New Brunswick, Newfoundland, Nova Scotia, Ontario, 
Prince Edward Island, Quebec and Saskatchewan) 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 FMCSA 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 FMCSA division office.

List of Subjects

    Highway safety, Highways and roads, Motor carriers, Motor vehicle 
maintenance, Motor vehicle safety, Reporting and recordkeeping 
requirements.

    Authority: 49 U.S.C. 31132, 31136, 31142, 31502, and 31504; 49 
CFR 1.73.

    Issued on: October 14, 2008.
John H. Hill,
Administrator.
 [FR Doc. E8-25174 Filed 10-21-08; 8:45 am]

BILLING CODE 4910-EX-P
