[Federal Register Volume 87, Number 219 (Tuesday, November 15, 2022)]
[Proposed Rules]
[Pages 68433-68434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24708]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 350

[Docket No. FMCSA-2022-0079]


State Inspection Programs for Passenger-Carrier Vehicles

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

ACTION: Confirmation of withdrawn advance notice of proposed 
rulemaking.

-----------------------------------------------------------------------

SUMMARY: FMCSA confirms its May 1, 2017, decision to withdraw its April 
27, 2016, advance notice of proposed rulemaking (ANPRM) concerning the 
establishment of requirements for States to implement annual inspection 
programs for commercial motor vehicles (CMVs) designed or used to 
transport passengers (passenger-carrying CMVs). On November 15, 2021, 
the Infrastructure Investment and Jobs Act (IIJA) was enacted, 
directing FMCSA to solicit additional comment on the 2016 ANPRM. The 
Agency solicited additional comments for 30 days, ending June 9, 2022. 
After reviewing the additional public comments received, FMCSA has 
determined there is not enough data and information available to 
support moving forward with a rulemaking action.

DATES: FMCSA confirms the withdrawal of the ANPRM as of November 15, 
2022.

FOR FURTHER INFORMATION CONTACT: Ms. Sarah Stella, Chief, Regulatory 
Development Division, Office of Policy, FMCSA, 1200 New Jersey Avenue 
SE, Washington, DC 20590-0001, (202) 493-0192, [email protected]. If 
you have questions on viewing or submitting material to the docket, 
call Dockets Operations at (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Background

    On April 27, 2016, in accordance with section 32710 of the Moving 
Ahead for Progress in the 21st Century Act (Pub. L. 112-141, 126 Stat. 
405, 815), FMCSA published in the Federal Register, an ANPRM titled 
``State Inspection Programs for Passenger-Carrier Vehicles'' (Docket 
No. FMCSA-2014-0470, 81 FR 24769). The ANPRM announced that FMCSA was 
considering a requirement that States establish a program for annual 
inspections of passenger-carrying CMVs. FMCSA requested information 
from all interested parties that would enable the Agency to assess the 
risks associated with improperly maintained or improperly inspected 
passenger-carrying CMVs. The ANPRM also sought public comments 
concerning the effectiveness of the current FMCSA annual inspection 
standards, and data on the potential costs and benefits of a Federal 
requirement for each State to implement a mandatory inspection program. 
FMCSA inquired about how the Agency might incentivize States to adopt 
such programs.
    The comment period closed on June 27, 2016, and 22 comments were 
received, with a plurality (10 of 22) of commenters expressing general 
opposition to the mandatory State inspection requirement discussed in 
the ANPRM. After reviewing all the public comments, FMCSA determined 
there was not enough data and information available to support moving 
forward

[[Page 68434]]

with a rulemaking action. As a result, on May 1, 2017, the Agency 
withdrew the ANPRM.\1\ (82 FR 20311)
---------------------------------------------------------------------------

    \1\ The ANPRM and the ANPRM withdrawal are available in the 
docket for this action.
---------------------------------------------------------------------------

    On November 15, 2021, the IIJA was enacted, Public Law 117-58, 135 
Stat. 429 (H.R. 3684, Nov. 15, 2021). Section 23008(a) directed the 
Agency, within 1 year after the date of enactment, to solicit 
additional comments on the ANPRM to determine if data and information 
exist to support moving forward with a rulemaking. The Agency published 
the request for additional comments on May 10, 2022. (87 FR 29781) The 
comment period closed on June 9, 2022.

Discussion of Comments

    The Agency received 21 public comments, with 9 commenters 
expressing general opposition to the mandatory State inspection 
requirement discussed in the 2016 ANPRM. Four commenters supported the 
establishment of such a requirement and the remaining commenters 
neither wholly supported nor opposed a possible requirement. Many 
commenters indicated that the existing standards for annual inspections 
prescribed in the Federal Motor Carrier Safety Regulations, or their 
own programs, were sufficient. Commenters also indicated that current 
standards are effective at mitigating risk when properly enforced. 
Several commenters made their support contingent on factors such as 
uniformity in inspection standards, standardization of inspector 
training, a self-inspection option, and required reciprocity, whereby 
States would be required to recognize inspections conducted outside 
their States.
    Many commenters, including State agencies in Arizona, Kentucky, 
Minnesota, Montana, New York, Virginia, and Wisconsin, addressed 
questions aimed at measuring the effectiveness of inspection programs. 
However, none of these commenters was able to determine whether the 
establishment of an inspection program reduced the number of safety 
violations detected.
    Several commenters suggested that FMCSA incentivize States to 
establish mandatory inspection programs by providing Federal funding. 
The American Association of Motor Vehicle Administrators, the 
Commercial Vehicle Safety Alliance, and the Kentucky Transportation 
Cabinet noted that a mandate would be a strain on States' resources, 
particularly considering the ongoing financial challenges associated 
with the coronavirus disease 2019 pandemic.

FMCSA Decision

    After considering all the comments, FMCSA has concluded that the 
rationale for withdrawal of the 2016 ANPRM remains sound. The Agency is 
not aware of any new data or information that supports the development 
of a notice of proposed rulemaking to require the States to establish 
mandatory annual inspection programs for passenger-carrying vehicles. 
FMCSA therefore confirms withdrawal of the 2016 ANPRM referenced above. 
The concerns and recommendations of all the commenters will be 
considered if any new proposed regulations regarding annual inspections 
of passenger-carrying CMVs are developed.

    Issued under authority delegated in 49 CFR 1.87.
Robin Hutcheson,
Administrator.
[FR Doc. 2022-24708 Filed 11-14-22; 8:45 am]
BILLING CODE 4910-EX-P


