81_FR_14246 81 FR 14195 - Inspection, Repair, and Maintenance; Periodic Inspection of Commercial Motor Vehicles; Acceptance of Mexico's NOM-068-SCT-2-2014 Inspection Program

81 FR 14195 - Inspection, Repair, and Maintenance; Periodic Inspection of Commercial Motor Vehicles; Acceptance of Mexico's NOM-068-SCT-2-2014 Inspection Program

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 51 (March 16, 2016)

Page Range14195-14197
FR Document2016-05933

The FMCSA announces its acceptance of the Norma Oficial Mexicana ((NOM) or Official Mexican Standard) concerning the periodic inspection (PI) of commercial motor vehicles (CMVs). The Agency has reviewed NOM-068-SCT-2-2014 (NOM 68) and determined that it should be added 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). FMCSA's acceptance of NOM 68 means that Mexico-domiciled motor carriers operating in the United States must ensure that their CMVs are inspected annually as required by the Secretar[iacute]a de Comunicaciones y Transportes (SCT). The motor carrier must retain a copy of the inspection report and a sticker/decal must be affixed to the vehicle in order to satisfy the PI requirements in the United States. These motor carriers will no longer have the option of relying on their employees to conduct inspections of the CMVs the carrier controls, using commercial garages for such inspections, or passing a roadside inspection based on criteria published by the Commercial Motor Vehicle Safety Alliance (CVSA) to comply with the periodic inspection requirements at 49 CFR part 396.

Federal Register, Volume 81 Issue 51 (Wednesday, March 16, 2016)
[Federal Register Volume 81, Number 51 (Wednesday, March 16, 2016)]
[Notices]
[Pages 14195-14197]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05933]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration


Inspection, Repair, and Maintenance; Periodic Inspection of 
Commercial Motor Vehicles; Acceptance of Mexico's NOM-068-SCT-2-2014 
Inspection Program

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

ACTION: Notice on periodic inspection programs.

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

SUMMARY: The FMCSA announces its acceptance of the Norma Oficial 
Mexicana ((NOM) or Official Mexican Standard) concerning the periodic 
inspection (PI) of commercial motor vehicles (CMVs). The Agency has 
reviewed NOM-068-SCT-2-2014 (NOM 68) and determined that it should be 
added 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). FMCSA's acceptance of NOM 68 means that 
Mexico-domiciled motor carriers operating in the United States must 
ensure that their CMVs are inspected annually as required by the 
Secretar[iacute]a de Comunicaciones y Transportes (SCT). The motor 
carrier must retain a copy of the inspection report and a sticker/decal 
must be affixed to the vehicle in order to satisfy the PI requirements 
in the United States. These motor carriers will no longer have the 
option of relying on their employees to conduct inspections of the CMVs 
the carrier controls, using commercial garages for such inspections, or 
passing a roadside inspection based on criteria published by the 
Commercial Motor Vehicle Safety Alliance (CVSA) to comply with the 
periodic inspection requirements at 49 CFR part 396.

DATES: This action is effective March 16, 2016. NOM-68 inspection 
decals issued on or after October 1, 2015, will be accepted as proof of 
a periodic during roadside inspections and investigations conducted on 
or after March 16, 2016.

FOR FURTHER INFORMATION CONTACT: Mr. Marcelo Perez, North American 
Borders Division, MC-ESB, (512) 916-5440, Federal Motor Carrier Safety 
Administration, 903 San Jacinto Blvd., Suite 1100, Austin, TX 78701. 
Office hours are from 7:45 a.m. to 4:15 p.m., CDT, 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 that 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 49 CFR part 396 of the 
FMCSRs (53 FR 49402). The final rule required CMVs operated in 
interstate commerce to be inspected at least once a year. The 
inspection was to be based on Federal inspection standards, or a State 
inspection program determined by the FHWA, FMCSA's predecessor agency, 
to be comparable to, or as effective as, the Federal standards. 
Accordingly, if FHWA decided that a State's PI program was comparable 
to, or as effective as, the requirements of part 396, then the motor 
carrier had to ensure that all of its CMVs which are required by that 
State to be inspected through the State's inspection program were 
inspected. If a State did not have such a program, the motor carrier 
was 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

[[Page 14196]]

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). On February 19, 1998, the Ohio 
inspection program for church buses was added to the list (63 FR 8516), 
with a notice announcing FMCSA's acceptance of certain enhancements to 
the program on June 18, 2001 (66 FR 32863). And on October 22, 2008, 
the list was revised to include the Massachusetts CMV inspection 
program (73 FR 63040).

FMCSA Determination: Official Mexican Standard, NOM 68

    On January 19, 2015, the SCT of Mexico published its Official 
Mexican Standard, NOM-68, in the Official Gazette, Mexico's equivalent 
of the Federal Register. NOM-68 addresses Federal inspection standards 
for CMVs in Mexico. Beginning May 19, 2015, Mexico-domiciled motor 
carriers must take their vehicles to an SCT-approved inspection center 
for a mandatory vehicle inspection. The inspections must be performed 
once every year, and on the months set on the Inspection Calendar.
    FMCSA has reviewed Mexico's pass-fail criteria for the specific 
vehicle components and systems examined as during the mandatory vehicle 
inspection and determined that Mexico's inspection program is 
comparable to, or as effective as, FMCSA's requirements. The Agency 
compared the pass-fail requirements of Appendix G to the Federal Motor 
Carrier Safety Regulations (i.e., the U.S. periodic inspection 
standards), which includes the 13 vehicle systems and components listed 
below with the list of vehicle systems and components included in NOM 
68.
    1. Brake system;
    2. Coupling devices;
    3. Exhaust system;
    4. Fuel system;
    5. Lighting devices;
    6. Safe loading;
    7. Steering mechanism;
    8. Suspension;
    9. Frame;
    10. Tires;
    11. Wheels and rims;
    12. Windshield glazing; and,
    13. Windshield wipers.
    NOM-68 is organized into 79 sections, with multiple sections 
covering each of the 13 areas in Appendix G. In some instances, NOM-68 
covers the requirements in greater detail and others Mexico's 
inspection standards cover equipment which is not addressed in the 
FMCSRs. While Appendix G does not include the same level of detail as 
NOM 68, 49 CFR part 393 provides many of those requirements in detail 
comparable to that of NOM-68. Therefore, NOM 68 provides an annual 
inspection standard that requires all the parts and accessories that 
must be installed on CMVs to be in proper working order in order to 
pass the inspection.
    FMCSA acknowledges that Mexico's compliance date for certain 
vehicle safety systems and components, such as antilock braking systems 
(or ABS), differs from the U.S. requirements. However, the Agency does 
not believe the differences in the compliance dates for such systems is 
a sufficient basis for considering Mexico's annual inspection standards 
to be substantively different. Mexico-domiciled motor carriers are 
subject to the same requirements as U.S.- and Canada-domiciled carriers 
operating on U.S. public roads with regard to the requirements of 49 
CFR part 393. This means the presence of an annual inspection decal 
would not provide relief from the requirements of part 393.
    Mexico's mandatory annual inspection requirements cover most of the 
types of CMVs subject to FMCSA's periodic inspection regulations, which 
includes passenger-carrying vehicles designed to transport 16 or more 
passengers (including the driver) and property-carrying vehicles with a 
gross weight, gross vehicle weight rating, or gross combination weight 
rating of 10,001 pounds or more. Therefore, both the inspection 
criteria for the vehicle components and safety systems, and the types 
of vehicles required to be inspected are comparable to FMCSA's 
requirements.
    For CMVs that are subject to FMCSA's periodic inspection 
requirements but excepted from the NOM 68 requirements, the motor 
carrier may continue to rely upon the options allowed under 49 CFR 
396.17. FMCSA will work with the government of Mexico and the 
Commercial Vehicle Safety Alliance to provide detailed guidance on the 
specific vehicles subject to NOM 68 requirements to ensure uniform and 
consistent enforcement of Sec.  396.17 (and the compatible State 
requirements adopted in accordance with 49 CFR part 350 concerning the 
Motor Carrier Safety Assistance Program) during roadside inspections of 
Mexico-domiciled vehicles operating in the United States.
    It should be noted that in accepting the Mexico's program, FMCSA 
also accepts the recordkeeping requirements associated with the 
inspection program. Upon successful completion of Mexico's inspection, 
a report is created which identifies the vehicle, inspector, and the 
status of the inspection. In addition to the report, a program 
inspection sticker decal indicating that the vehicle has passed the 
inspection will be affixed to the vehicle's windshield.

Relationship Between FMCSA's Decision Concerning Periodic Inspection 
and the Enforcement of the Requirements Under 49 CFR Part 393

    FMCSA notes that its acceptance of Mexico's PI program does not in 
any way alter the enforcement of the safety requirements under 49 CFR 
part 393 concerning vehicle parts and accessories necessary for safe 
operations. All interstate motor carriers operating CMVs in the United 
States, including Canada- and Mexico-domiciled motor carriers, must 
ensure that their CMVs meet the applicable requirements under 49 CFR 
part 393 regardless of whether the vehicle has passed a PI. And Part 
393 includes cross-references to various Federal Motor Vehicle Safety 
Standards (FMVSSs) established by the National Highway Traffic Safety 
Administration and applicable to vehicle manufacturers. Through these 
cross-references, FMCSA holds motor carriers responsible for ensuring 
that vehicles manufactured on or after the effective dates of the NHTSA 
standards are maintained to keep the safety equipment and features 
installed by the manufacturer operable.
    While manufacturers building CMVs designed and sold for use in 
Canada and Mexico are not required to meet the FMVSSs, FMCSA requires 
that the motor carriers operating these vehicles in the United States 
meet the same safety requirements applicable to domestic motor 
carriers. And, although the effective date for certain vehicle safety 
requirements such as antilock braking systems under NOM 68 and Canada's 
rules may differ from the effective date for the U.S. requirements, 
vehicles manufactured on or after the effective dates listed in the 
FMVSSs,

[[Page 14197]]

and cross-referenced in part 393, must meet FMCSA's requirements when 
operating in the United States. These vehicles are subject to roadside 
inspections while operating in the United States and violations of 
these 49 CFR part 393 requirements may be cited on the inspection 
report.
    Acceptance of periodic inspection decals from Canada or Mexico 
simply means that these carriers would not be cited for violations of 
49 CFR 396.17. As noted above, this decision does not constitute an 
exception from any of the applicable requirements under 49 CFR part 
393. Therefore, today's decision in no way compromises safety.
    Although passing a roadside inspection is another option under the 
current regime, FMCSA published a notice of proposed rulemaking on 
October 7, 2015 (80 FR 60592), which would, in response to a petition 
for rulemaking from the Commercial Vehicle Safety Alliance (CVSA), 
eliminate this option for all motor carriers subject to the FMCSRs.

Jurisdictions 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,
     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 since the list was originally established, two 
States have been removed. Arkansas no longer has a PI program for buses 
comparable to, or as effective, as the Federal PI program. And Oklahoma 
repealed its inspection requirements. Therefore, these States are no 
longer listed.
    In addition to the States listed above, 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, 
and with today's notice, Mexico's NOM 68 program, as comparable to, or 
as effective as, the Federal PI requirements.
    All other jurisdictions 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 jurisdictions 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 1.87.

    Issued on: March 9, 2016.
T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2016-05933 Filed 3-15-16; 8:45 am]
 BILLING CODE 4910-EX-P



                                                                              Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Notices                                            14195

                                                     SC&RA advises that there are                         IV. Method To Ensure an Equivalent or                 a roadside inspection based on criteria
                                                  approximately 85,000 trained and                        Greater Level of Safety                               published by the Commercial Motor
                                                  certified mobile crane operators in the                    SC&RA does not foresee any negative                Vehicle Safety Alliance (CVSA) to
                                                  United States, and, of these,                           impact to safety from the requested                   comply with the periodic inspection
                                                  approximately 65,000 operate cranes                     exemption. It believes that granting the              requirements at 49 CFR part 396.
                                                  over 30 tons lifting capacity.                          exemption would have a favorable                      DATES: This action is effective March 16,
                                                     SC&RA seeks an exemption from the                    impact on overall safety by reducing the              2016. NOM–68 inspection decals issued
                                                  14-hour rule and the requirement for a                  frequency of cranes being parked along                on or after October 1, 2015, will be
                                                  30-minute break for drivers operating                   public roads. It points out that its                  accepted as proof of a periodic during
                                                  mobile cranes with a rated lifting                      members generally drive a crane less                  roadside inspections and investigations
                                                  capacity of greater than 30 tons. It asks               than 2 hours a day. SC&RA states that                 conducted on or after March 16, 2016.
                                                  that the exemptions be for a period of                  its crane drivers have a low crash rate,              FOR FURTHER INFORMATION CONTACT: Mr.
                                                  5 years. SC&RA asserts that these two                   and it attached copies of its driver                  Marcelo Perez, North American Borders
                                                  HOS rules frequently compel drivers of                  training and safety manuals to the                    Division, MC–ESB, (512) 916–5440,
                                                  these cranes to stop driving and park the               application for exemption. Copies of                  Federal Motor Carrier Safety
                                                  crane to avoid violating their terms.                   these documents are available for                     Administration, 903 San Jacinto Blvd.,
                                                  SC&RA states that complications arise at                review in the docket for this notice.                 Suite 1100, Austin, TX 78701. Office
                                                  this point because the availability of                    Issued on: March 10, 2016.                          hours are from 7:45 a.m. to 4:15 p.m.,
                                                  parking for CMVs is very limited.                       Larry W. Minor,                                       CDT, Monday through Friday, except
                                                  SC&RA cites data indicating that there                                                                        Federal holidays.
                                                                                                          Associate Administrator for Policy.
                                                  is a shortage of parking places for CMVs                                                                      SUPPLEMENTARY INFORMATION:
                                                                                                          [FR Doc. 2016–05902 Filed 3–15–16; 8:45 am]
                                                  in the United States and notes ongoing
                                                  Federal and State efforts to address this               BILLING CODE 4910–EX–P                                Background
                                                  problem. Parking for cranes is even                                                                              Section 210 of the Motor Carrier
                                                  more limited because of the dimensions                                                                        Safety Act of 1984 (49 U.S.C. 31142)
                                                                                                          DEPARTMENT OF TRANSPORTATION
                                                  of these vehicles. SC&RA asserts that                                                                         (the Act) requires the Secretary of
                                                  compliance with the two HOS rules                       Federal Motor Carrier Safety                          Transportation to prescribe standards
                                                  often results in cranes being parked on                 Administration                                        for annual or more frequent inspection
                                                  the shoulder of public roads. SC&RA                                                                           of CMVs unless the Secretary finds that
                                                  states the width of some cranes is such                 Inspection, Repair, and Maintenance;                  another inspection system is as effective
                                                  that they can only be parked partially on               Periodic Inspection of Commercial                     as an annual or more frequent
                                                  the shoulder and partially on a travel                  Motor Vehicles; Acceptance of                         inspection. On December 7, 1988, in
                                                  lane.                                                   Mexico’s NOM–068–SCT–2–2014                           response to the Act, the Federal
                                                     SC&RA describes the unpredictable                    Inspection Program                                    Highway Administration (FHWA), the
                                                  nature of the typical workday when a                    AGENCY: Federal Motor Carrier Safety                  agency within the Department of
                                                  crane is fixed in place for lifting at a                Administration (FMCSA), DOT.                          Transportation responsible for motor
                                                  worksite. The applicant lists a number                                                                        carrier safety until 1999, published a
                                                                                                          ACTION: Notice on periodic inspection
                                                  of variables that can complicate the                                                                          final rule amending 49 CFR part 396 of
                                                                                                          programs.
                                                  scheduling of crane operations,                                                                               the FMCSRs (53 FR 49402). The final
                                                  including delays waiting for the item to                SUMMARY:   The FMCSA announces its                    rule required CMVs operated in
                                                  be lifted to arrive at the work site or to              acceptance of the Norma Oficial                       interstate commerce to be inspected at
                                                  be rigged so that the crane can lift it.                Mexicana ((NOM) or Official Mexican                   least once a year. The inspection was to
                                                  Unexpected inclement weather can also                   Standard) concerning the periodic                     be based on Federal inspection
                                                  trigger delays. SC&RA asserts that the                  inspection (PI) of commercial motor                   standards, or a State inspection program
                                                  primary result is that the workday may                  vehicles (CMVs). The Agency has                       determined by the FHWA, FMCSA’s
                                                  be unexpectedly extended. Thus, timing                  reviewed NOM–068–SCT–2–2014                           predecessor agency, to be comparable
                                                  a crane’s movement from the worksite                    (NOM 68) and determined that it should                to, or as effective as, the Federal
                                                  and onto public roads at the end of the                 be added to the list of programs which                standards. Accordingly, if FHWA
                                                  day is highly problematic. SC&RA                        are comparable to, or as effective as, the            decided that a State’s PI program was
                                                  points out that State and local                         Federal PI requirements contained in                  comparable to, or as effective as, the
                                                  restrictions limit the hours of the day,                the Federal Motor Carrier Safety                      requirements of part 396, then the motor
                                                  and sometimes the days of the week,                     Regulations (FMCSRs). FMCSA’s                         carrier had to ensure that all of its CMVs
                                                  that cranes may move on public roads.                   acceptance of NOM 68 means that                       which are required by that State to be
                                                  In addition, movement of cranes may                     Mexico-domiciled motor carriers                       inspected through the State’s inspection
                                                  require a pilot car, the display of signs               operating in the United States must                   program were inspected. If a State did
                                                  and lights, and even an escort vehicle                  ensure that their CMVs are inspected                  not have such a program, the motor
                                                  provided by state or local police.                      annually as required by the Secretarı́a               carrier was responsible for ensuring its
                                                  Movement of cranes is normally at                       de Comunicaciones y Transportes                       CMVs are inspected using one of the
                                                  speeds much slower than the posted                      (SCT). The motor carrier must retain a                alternatives included in the final rule.
                                                  speed limit, and is highly susceptible to               copy of the inspection report and a                      On March 16, 1989, the FHWA
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  weather and traffic conditions. SC&RA                   sticker/decal must be affixed to the                  published a notice in the Federal
                                                  asserts that the two HOS rules from                     vehicle in order to satisfy the PI                    Register that requested States and other
                                                  which it seeks exemption—the 30-                        requirements in the United States.                    interested parties to identify and
                                                  minute-break and 14-hour rules—                         These motor carriers will no longer have              provide information on the CMV
                                                  become most burdensome at this point.                   the option of relying on their employees              inspection programs in their respective
                                                  However, SC&RA acknowledges that                        to conduct inspections of the CMVs the                jurisdictions (54 FR 11020). Upon
                                                  crane operators cross State lines on less               carrier controls, using commercial                    review of the information submitted, the
                                                  than 5 percent of their trips.                          garages for such inspections, or passing              FHWA published a list of State


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                                                  14196                       Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Notices

                                                  inspection programs that were                              6. Safe loading;                                   Safety Alliance to provide detailed
                                                  determined to be comparable to the                         7. Steering mechanism;                             guidance on the specific vehicles
                                                  Federal PI requirements (54 FR 50726,                      8. Suspension;                                     subject to NOM 68 requirements to
                                                  December 8, 1989). This initial list                       9. Frame;                                          ensure uniform and consistent
                                                  included 15 States and the District of                     10. Tires;                                         enforcement of § 396.17 (and the
                                                  Columbia. The list was revised on                          11. Wheels and rims;                               compatible State requirements adopted
                                                  September 23, 1991, to include the                         12. Windshield glazing; and,                       in accordance with 49 CFR part 350
                                                                                                             13. Windshield wipers.                             concerning the Motor Carrier Safety
                                                  inspection programs of the Alabama                         NOM–68 is organized into 79
                                                  Liquefied Petroleum Gas (LPG) Board,                                                                          Assistance Program) during roadside
                                                                                                          sections, with multiple sections
                                                  California, Hawaii, Louisiana,                                                                                inspections of Mexico-domiciled
                                                                                                          covering each of the 13 areas in
                                                  Minnesota, all of the Canadian                                                                                vehicles operating in the United States.
                                                                                                          Appendix G. In some instances, NOM–                     It should be noted that in accepting
                                                  Provinces, and the Yukon Territory (56                  68 covers the requirements in greater
                                                  FR 47982).                                                                                                    the Mexico’s program, FMCSA also
                                                                                                          detail and others Mexico’s inspection                 accepts the recordkeeping requirements
                                                    On November 27, 1992, the list was
                                                                                                          standards cover equipment which is not                associated with the inspection program.
                                                  revised to include the Wisconsin bus
                                                                                                          addressed in the FMCSRs. While                        Upon successful completion of Mexico’s
                                                  inspection program (57 FR 56400). On
                                                                                                          Appendix G does not include the same                  inspection, a report is created which
                                                  April 14, 1994, the list was revised to
                                                                                                          level of detail as NOM 68, 49 CFR part                identifies the vehicle, inspector, and the
                                                  include the Texas CMV inspection
                                                                                                          393 provides many of those                            status of the inspection. In addition to
                                                  program (59 FR 17829). The list was
                                                                                                          requirements in detail comparable to                  the report, a program inspection sticker
                                                  revised on November 7, 1995, to include
                                                                                                          that of NOM–68. Therefore, NOM 68                     decal indicating that the vehicle has
                                                  the Connecticut bus inspection program
                                                                                                          provides an annual inspection standard                passed the inspection will be affixed to
                                                  (60 FR 56183). On February 19, 1998,
                                                                                                          that requires all the parts and                       the vehicle’s windshield.
                                                  the Ohio inspection program for church
                                                                                                          accessories that must be installed on
                                                  buses was added to the list (63 FR                                                                            Relationship Between FMCSA’s
                                                                                                          CMVs to be in proper working order in
                                                  8516), with a notice announcing                                                                               Decision Concerning Periodic
                                                                                                          order to pass the inspection.
                                                  FMCSA’s acceptance of certain                                                                                 Inspection and the Enforcement of the
                                                                                                             FMCSA acknowledges that Mexico’s
                                                  enhancements to the program on June                                                                           Requirements Under 49 CFR Part 393
                                                                                                          compliance date for certain vehicle
                                                  18, 2001 (66 FR 32863). And on October
                                                                                                          safety systems and components, such as                   FMCSA notes that its acceptance of
                                                  22, 2008, the list was revised to include
                                                                                                          antilock braking systems (or ABS),                    Mexico’s PI program does not in any
                                                  the Massachusetts CMV inspection
                                                                                                          differs from the U.S. requirements.                   way alter the enforcement of the safety
                                                  program (73 FR 63040).
                                                                                                          However, the Agency does not believe                  requirements under 49 CFR part 393
                                                  FMCSA Determination: Official                           the differences in the compliance dates               concerning vehicle parts and accessories
                                                  Mexican Standard, NOM 68                                for such systems is a sufficient basis for            necessary for safe operations. All
                                                     On January 19, 2015, the SCT of                      considering Mexico’s annual inspection                interstate motor carriers operating CMVs
                                                  Mexico published its Official Mexican                   standards to be substantively different.              in the United States, including Canada-
                                                  Standard, NOM–68, in the Official                       Mexico-domiciled motor carriers are                   and Mexico-domiciled motor carriers,
                                                  Gazette, Mexico’s equivalent of the                     subject to the same requirements as                   must ensure that their CMVs meet the
                                                  Federal Register. NOM–68 addresses                      U.S.- and Canada-domiciled carriers                   applicable requirements under 49 CFR
                                                  Federal inspection standards for CMVs                   operating on U.S. public roads with                   part 393 regardless of whether the
                                                  in Mexico. Beginning May 19, 2015,                      regard to the requirements of 49 CFR                  vehicle has passed a PI. And Part 393
                                                  Mexico-domiciled motor carriers must                    part 393. This means the presence of an               includes cross-references to various
                                                  take their vehicles to an SCT-approved                  annual inspection decal would not                     Federal Motor Vehicle Safety Standards
                                                  inspection center for a mandatory                       provide relief from the requirements of               (FMVSSs) established by the National
                                                  vehicle inspection. The inspections                     part 393.                                             Highway Traffic Safety Administration
                                                  must be performed once every year, and                     Mexico’s mandatory annual                          and applicable to vehicle
                                                  on the months set on the Inspection                     inspection requirements cover most of                 manufacturers. Through these cross-
                                                  Calendar.                                               the types of CMVs subject to FMCSA’s                  references, FMCSA holds motor carriers
                                                     FMCSA has reviewed Mexico’s pass-                    periodic inspection regulations, which                responsible for ensuring that vehicles
                                                  fail criteria for the specific vehicle                  includes passenger-carrying vehicles                  manufactured on or after the effective
                                                  components and systems examined as                      designed to transport 16 or more                      dates of the NHTSA standards are
                                                  during the mandatory vehicle                            passengers (including the driver) and                 maintained to keep the safety
                                                  inspection and determined that                          property-carrying vehicles with a gross               equipment and features installed by the
                                                  Mexico’s inspection program is                          weight, gross vehicle weight rating, or               manufacturer operable.
                                                  comparable to, or as effective as,                      gross combination weight rating of                       While manufacturers building CMVs
                                                  FMCSA’s requirements. The Agency                        10,001 pounds or more. Therefore, both                designed and sold for use in Canada and
                                                  compared the pass-fail requirements of                  the inspection criteria for the vehicle               Mexico are not required to meet the
                                                  Appendix G to the Federal Motor                         components and safety systems, and the                FMVSSs, FMCSA requires that the
                                                  Carrier Safety Regulations (i.e., the U.S.              types of vehicles required to be                      motor carriers operating these vehicles
                                                  periodic inspection standards), which                   inspected are comparable to FMCSA’s                   in the United States meet the same
                                                  includes the 13 vehicle systems and                     requirements.                                         safety requirements applicable to
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                                                  components listed below with the list of                   For CMVs that are subject to FMCSA’s               domestic motor carriers. And, although
                                                  vehicle systems and components                          periodic inspection requirements but                  the effective date for certain vehicle
                                                  included in NOM 68.                                     excepted from the NOM 68                              safety requirements such as antilock
                                                     1. Brake system;                                     requirements, the motor carrier may                   braking systems under NOM 68 and
                                                     2. Coupling devices;                                 continue to rely upon the options                     Canada’s rules may differ from the
                                                     3. Exhaust system;                                   allowed under 49 CFR 396.17. FMCSA                    effective date for the U.S. requirements,
                                                     4. Fuel system;                                      will work with the government of                      vehicles manufactured on or after the
                                                     5. Lighting devices;                                 Mexico and the Commercial Vehicle                     effective dates listed in the FMVSSs,


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                                                                              Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Notices                                             14197

                                                  and cross-referenced in part 393, must                  of the 10 Canadian Provinces (Alberta,                  • Federal eRulemaking Portal: Go to
                                                  meet FMCSA’s requirements when                          British Columbia, Manitoba, New                       http://www.regulations.gov. Follow the
                                                  operating in the United States. These                   Brunswick, Newfoundland, Nova                         on-line instructions for submitting
                                                  vehicles are subject to roadside                        Scotia, Ontario, Prince Edward Island,                comments.
                                                  inspections while operating in the                      Quebec and Saskatchewan) and the                        • Mail: Docket Management Facility;
                                                  United States and violations of these 49                Yukon Territory, and with today’s                     U.S. Department of Transportation, 1200
                                                  CFR part 393 requirements may be cited                  notice, Mexico’s NOM 68 program, as                   New Jersey Avenue SE., West Building
                                                  on the inspection report.                               comparable to, or as effective as, the                Ground Floor, Room W12–140,
                                                     Acceptance of periodic inspection                    Federal PI requirements.                              Washington, DC 20590–0001.
                                                  decals from Canada or Mexico simply                        All other jurisdictions either have no               • Hand Delivery: West Building
                                                  means that these carriers would not be                  PI programs for CMVs or their PI                      Ground Floor, Room W12–140, 1200
                                                  cited for violations of 49 CFR 396.17. As               programs have not been determined by                  New Jersey Avenue SE., Washington,
                                                  noted above, this decision does not                     the FMCSA to be comparable to, or as                  DC, between 9 a.m. and 5 p.m., Monday
                                                  constitute an exception from any of the                 effective as, the Federal PI requirements.            through Friday, except Federal
                                                  applicable requirements under 49 CFR                    Should any of these jurisdictions wish                Holidays.
                                                  part 393. Therefore, today’s decision in                to establish a program or modify their                  • Fax: 1–202–493–2251.
                                                  no way compromises safety.                              programs in order to make them                           Instructions: Each submission must
                                                     Although passing a roadside                          comparable to the Federal requirements,               include the Agency name and the
                                                  inspection is another option under the                  the State should contact the appropriate              docket numbers for this notice. Note
                                                  current regime, FMCSA published a                       FMCSA division office.                                that all comments received will be
                                                  notice of proposed rulemaking on                                                                              posted without change to http://
                                                  October 7, 2015 (80 FR 60592), which                    List of Subjects                                      www.regulations.gov, including any
                                                  would, in response to a petition for                      Highway safety, Highways and roads,                 personal information provided. Please
                                                  rulemaking from the Commercial                          Motor carriers, Motor vehicle                         see the Privacy Act heading below for
                                                  Vehicle Safety Alliance (CVSA),                         maintenance, Motor vehicle safety,                    further information.
                                                  eliminate this option for all motor                     Reporting and recordkeeping                              Docket: For access to the docket to
                                                  carriers subject to the FMCSRs.                         requirements.                                         read background documents or
                                                                                                            Authority: 49 U.S.C. 31132, 31136, 31142,           comments, go to http://
                                                  Jurisdictions With Equivalent Periodic
                                                                                                          31502, and 31504; 49 CFR 1.87.                        www.regulations.gov at any time or
                                                  Inspection Programs
                                                                                                                                                                Room W12–140 on the ground level of
                                                                                                            Issued on: March 9, 2016.
                                                    The following is a complete list of                                                                         the West Building, 1200 New Jersey
                                                  States with inspection programs that                    T.F. Scott Darling, III,
                                                                                                                                                                Avenue SE., Washington, DC, between 9
                                                  FMCSA has determined are comparable                     Acting Administrator.                                 a.m. and 5 p.m., Monday through
                                                  to, or as effective as, the Federal PI                  [FR Doc. 2016–05933 Filed 3–15–16; 8:45 am]           Friday, except Federal holidays. The
                                                  requirements.                                           BILLING CODE 4910–EX–P                                Federal Docket Management System
                                                    • Alabama (LPG Board),                                                                                      (FDMS) is available 24 hours each day,
                                                    • California,                                                                                               365 days each year. If you want
                                                    • Connecticut,                                        DEPARTMENT OF TRANSPORTATION                          acknowledgment that we received your
                                                    • District of Columbia,                                                                                     comments, please include a self-
                                                    • Hawaii,                                             Federal Motor Carrier Safety
                                                                                                                                                                addressed, stamped envelope or
                                                    • Illinois,                                           Administration
                                                                                                                                                                postcard or print the acknowledgement
                                                    • Louisiana,                                                                                                page that appears after submitting
                                                    • Maine,                                              [Docket No. FMCSA–2015–0343]
                                                                                                                                                                comments on-line.
                                                    • Maryland,                                                                                                    Privacy Act: In accordance with 5
                                                    • Massachusetts,                                      Qualification of Drivers; Exemption
                                                                                                          Applications; Diabetes Mellitus                       U.S.C. 553(c), DOT solicits comments
                                                    • Michigan,                                                                                                 from the public to better inform its
                                                    • Minnesota,                                          AGENCY: Federal Motor Carrier Safety                  rulemaking process. DOT posts these
                                                    • New Hampshire,                                      Administration (FMCSA).                               comments, without edit, including any
                                                    • New Jersey,                                         ACTION: Notice of applications for                    personal information the commenter
                                                    • New York,                                           exemptions; request for comments.                     provides, to www.regulations.gov, as
                                                    • Ohio,
                                                                                                                                                                described in the system of records
                                                    • Pennsylvania,                                       SUMMARY:   FMCSA announces receipt of
                                                    • Rhode Island,                                                                                             notice (DOT/ALL–14 FDMS), which can
                                                                                                          applications from 68 individuals for                  be reviewed at www.dot.gov/privacy.
                                                    • Texas,                                              exemption from the prohibition against
                                                    • Utah,                                               persons with insulin-treated diabetes
                                                                                                                                                                FOR FURTHER INFORMATION CONTACT:
                                                    • Vermont,                                            mellitus (ITDM) operating commercial
                                                                                                                                                                Christine A. Hydock, Chief, Medical
                                                    • Virginia,                                           motor vehicles (CMVs) in interstate
                                                                                                                                                                Programs Division, (202) 366–4001,
                                                    • West Virginia,                                      commerce. If granted, the exemptions
                                                                                                                                                                fmcsamedical@dot.gov, FMCSA,
                                                    • Wisconsin.                                          would enable these individuals with
                                                                                                                                                                Department of Transportation, 1200
                                                    Please note that since the list was                                                                         New Jersey Avenue SE., Room W64–
                                                                                                          ITDM to operate CMVs in interstate
                                                  originally established, two States have                                                                       113, Washington, DC 20590–0001.
                                                                                                          commerce.
                                                                                                                                                                Office hours are 8:30 a.m. to 5 p.m., e.t.,
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                                                  been removed. Arkansas no longer has
                                                  a PI program for buses comparable to, or                DATES: Comments must be received on                   Monday through Friday, except Federal
                                                  as effective, as the Federal PI program.                or before April 15, 2016.                             holidays.
                                                  And Oklahoma repealed its inspection                    ADDRESSES: You may submit comments                    SUPPLEMENTARY INFORMATION:
                                                  requirements. Therefore, these States are               bearing the Federal Docket Management
                                                  no longer listed.                                       System (FDMS) Docket No. FMCSA–                       I. Background
                                                    In addition to the States listed above,               2015–0343 using any of the following                   Under 49 U.S.C. 31136(e) and 31315,
                                                  FMCSA accepts the inspection programs                   methods:                                              FMCSA may grant an exemption from


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Document Created: 2016-03-15 23:44:26
Document Modified: 2016-03-15 23:44:26
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice on periodic inspection programs.
DatesThis action is effective March 16, 2016. NOM-68 inspection decals issued on or after October 1, 2015, will be accepted as proof of a periodic during roadside inspections and investigations conducted on or after March 16, 2016.
ContactMr. Marcelo Perez, North American Borders Division, MC-ESB, (512) 916-5440, Federal Motor Carrier Safety Administration, 903 San Jacinto Blvd., Suite 1100, Austin, TX 78701. Office hours are from 7:45 a.m. to 4:15 p.m., CDT, Monday through Friday, except Federal holidays.
FR Citation81 FR 14195 

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