81_FR_47873 81 FR 47732 - Amendments to Regulatory Guidance Concerning Periodic Inspection of Commercial Motor Vehicles

81 FR 47732 - Amendments to Regulatory Guidance Concerning Periodic Inspection of Commercial Motor Vehicles

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 141 (July 22, 2016)

Page Range47732-47733
FR Document2016-17362

FMCSA amends regulatory guidance, previously published in the Federal Register, regarding the periodic inspection of commercial motor vehicles (CMVs). Elsewhere in today's issue of the Federal Register, FMCSA amends the Federal Motor Carrier Safety Regulations (FMCSRs) to, among other things, eliminate the option for a motor carrier to satisfy the periodic (annual) inspection requirement through a violation-free roadside inspection. As a result of this amendment to the FMCSRs, certain regulatory guidance is amended to ensure consistency between the FMCSRs and the published guidance.

Federal Register, Volume 81 Issue 141 (Friday, July 22, 2016) 
[Federal Register Volume 81, Number 141 (Friday, July 22, 2016)]
[Rules and Regulations]
[Pages 47732-47733]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17362]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 396

[Docket No. FMCSA-2015-0176]
RIN 2126-AB81


Amendments to Regulatory Guidance Concerning Periodic Inspection 
of Commercial Motor Vehicles

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

ACTION: Amendment of regulatory guidance.

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SUMMARY: FMCSA amends regulatory guidance, previously published in the 
Federal Register, regarding the periodic inspection of commercial motor 
vehicles (CMVs). Elsewhere in today's issue of the Federal Register, 
FMCSA amends the Federal Motor Carrier Safety Regulations (FMCSRs) to, 
among other things, eliminate the option for a motor carrier to satisfy 
the periodic (annual) inspection requirement through a violation-free 
roadside inspection. As a result of this amendment to the FMCSRs, 
certain regulatory guidance is amended to ensure consistency between 
the FMCSRs and the published guidance.

DATES: Effective Date: This regulatory guidance is effective July 22, 
2016.

FOR FURTHER INFORMATION CONTACT: Mr. Mike Huntley, Vehicle and Roadside 
Operations Division, Office of Bus and Truck Standards and Operations, 
Federal Motor Carrier Safety Administration, telephone: 202-366-5370; 
[email protected].

SUPPLEMENTARY INFORMATION: On November 17, 1993, the Federal Highway 
Administration (FHWA) \1\ published ``Regulatory Guidance for the 
Federal Motor Carrier Safety Regulations'' at 58 FR 60734. The 
publication included interpretations of

[[Page 47733]]

49 CFR 396.17, a rule that requires all CMVs to be inspected at least 
once every 12 months in accordance with Appendix G to the FMCSRs 
(``Minimum Periodic Inspection Standards''), and 49 CFR 396.23, a rule 
that identifies alternative inspections that are considered equivalent 
to the annual inspection required under 49 CFR 396.17. The Agency 
interpreted the regulations to permit a roadside inspection to be 
considered as equivalent to the annual inspection. The regulatory 
guidance was republished on April 4, 1997, at 62 FR 16370.
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    \1\ The Motor Carrier Safety Improvement Act of 1999 [Pub. L. 
106-159, 113 Stat. 1748 (December 9, 1999)] established the FMCSA in 
the Department of Transportation. On January 4, 2000, the Office of 
the Secretary published a final rule delegating to the FMCSA 
Administrator the motor carrier safety functions required by MCSIA, 
which included certain motor carrier safety functions previously 
delegated to the FHWA (65 FR 200).
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    A final rule issued by FMCSA, published elsewhere in today's issue 
of the Federal Register, amends 49 CFR 396.17(f) and removes 49 CFR 
396.23(a) to eliminate the option for a motor carrier to meet the 
periodic inspection requirements through roadside inspections.
    Because not every element of Appendix G is reviewed/inspected 
during a roadside inspection conducted under the North American 
Standard Inspection, most roadside inspections do not meet the periodic 
(annual) inspection requirements under 49 CFR 396.17. For this reason, 
FMCSA does not believe it is appropriate to continue to allow motor 
carriers to use roadside inspections conducted by enforcement officials 
to satisfy the annual inspection requirements in 49 CFR 396.17(f). 
Motor carriers or their agents will now be required to complete a 
periodic inspection of every CMV under their control in accordance with 
Appendix G at least once every 12 months, irrespective of whether a 
roadside inspection is performed, unless the vehicle is subject to a 
mandatory State inspection program in accordance with 49 CFR 396.23 
which has been determined to be as effective as the requirements of 49 
CFR 396.17.
    Given the amendments to 49 CFR 396.17(f) discussed above, the final 
rule also removes 49 CFR 396.23(a), which currently permits a roadside 
inspection program of a State or other jurisdiction to be considered as 
meeting the periodic inspection requirements of 49 CFR 396.17.
    As a result of the final rule, and to maintain consistency between 
the amended FMCSRs and the published regulatory guidance, two 
regulatory guidance questions/answers are amended as follows:

Section 396.17, Question 1

    Question 1: Some of a motor carrier's vehicles are registered in a 
State with a mandated inspection program which has been determined to 
be as effective as the Federal periodic inspection program, but these 
vehicles are not used in that State. Is the motor carrier required to 
make sure the vehicles are inspected under that State's program in 
order to meet the Federal periodic inspection requirements?
    Guidance: If the State requires all vehicles registered in the 
State to be inspected through its mandatory program, then the motor 
carrier must use the State program to satisfy the Federal requirements. 
If, however, the State inspection program includes an exception or 
exemption for vehicles which are registered in the State but domiciled 
outside of the State, then the motor carrier may meet the Federal 
requirements through a self-inspection, a third party inspection, or a 
periodic inspection performed in any State with a program that the 
Federal Motor Carrier Administration (FMCSA) determines is comparable 
to, or as effective as, the part 396 requirements.

Section 396.23, Question 1

    Question 1: Can a violation-free Commercial Vehicle Safety Alliance 
(CVSA) Level I or Level V inspection be used to satisfy the periodic 
inspection requirements of Sec.  396.17?
    Guidance: No, a CVSA Level I or Level V inspection is not 
equivalent to the Federal periodic inspection requirements.

    Issued on July 14, 2016.
T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2016-17362 Filed 7-21-16; 8:45 am]
BILLING CODE 4910-EX-P

47732 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations thereon shall be corrected in accordance Appendix G to Subchapter B of Chapter Issued under the authority of delegation in with § 396.11(a)(3). Repairs of items of III—Minimum Periodic Inspection 49 CFR 1.87. July 14, 2016. intermodal equipment placed out-of- Standards T.F. Scott Darling, III, service are also to be documented in the * * * * * Acting Administrator. maintenance records for such 1. Brake System [FR Doc. 2016–17364 Filed 7–21–16; 8:45 am] equipment. BILLING CODE 4910–EX–P * * * * * * * * * * l. Antilock Brake System 1 ■ 7. Revise § 396.17(f) to read as (1) Missing ABS malfunction indicator follows: components (i.e., bulb, wiring, etc.). DEPARTMENT OF TRANSPORTATION (2) ABS malfunction indicator that does § 396.17 Periodic inspection. not illuminate when power is first applied to Federal Motor Carrier Safety * * * * * the ABS controller (ECU) during initial Administration power up. (f) Vehicles passing periodic (3) ABS malfunction indicator that stays inspections performed under the 49 CFR Part 396 illuminated while power is continuously auspices of any State government or applied to the ABS controller (ECU). [Docket No. FMCSA–2015–0176] equivalent jurisdiction, meeting the (4) ABS malfunction indicator lamp on a RIN 2126–AB81 minimum standards contained in trailer or dolly does not cycle when electrical appendix G of this subchapter, will be power is applied: (a) Only to the vehicle’s constant ABS Amendments to Regulatory Guidance considered to have met the Concerning Periodic Inspection of power circuit, or requirements of an annual inspection Commercial Motor Vehicles (b) Only to the vehicle.2 for a period of 12 months commencing (5) With its brakes released and its ignition from the last day of the month in which switch in the normal run position, power AGENCY: Federal Motor Carrier Safety the inspection was performed. unit does not provide continuous electrical Administration (FMCSA), DOT. * * * * * power to the ABS on any vehicle it is ACTION: Amendment of regulatory equipped to tow. guidance. ■ 8. Revise § 396.19(b) to read as (6) Other missing or inoperative ABS follows: components. SUMMARY: FMCSA amends regulatory § 396.19 Inspector qualifications. m. Automatic Brake Adjusters guidance, previously published in the (1) Failure to maintain a brake within the Federal Register, regarding the periodic * * * * * brake stroke limit specified by the vehicle (b) Motor carriers and intermodal manufacturer. inspection of commercial motor equipment providers must retain (2) Any automatic brake adjuster that has vehicles (CMVs). Elsewhere in today’s evidence of that individual’s been replaced with a manual adjuster. issue of the Federal Register, FMCSA qualifications under this section. They (3) Damaged, loose, or missing amends the Federal Motor Carrier Safety must retain this evidence for the period components. Regulations (FMCSRs) to, among other (4) Any brake that is found to be out of things, eliminate the option for a motor during which that individual is adjustment on initial inspection must be performing annual motor vehicle carrier to satisfy the periodic (annual) evaluated to determine why the automatic inspection requirement through a inspections for the motor carrier or brake adjuster is not functioning properly intermodal equipment provider, and for violation-free roadside inspection. As a and the problem must be corrected in order one year thereafter. However, motor for the vehicle to pass the inspection. It is not result of this amendment to the carriers and intermodal equipment acceptable to manually adjust automatic FMCSRs, certain regulatory guidance is providers do not have to maintain brake adjusters without first correcting the amended to ensure consistency between documentation of inspector underlying problem. For example, there may the FMCSRs and the published be other components within the braking guidance. qualifications for those inspections system that are distressed or out of performed as part of a State periodic specification (i.e., broken welds, loose DATES: Effective Date: This regulatory inspection program. mounting hardware, cracked brake drums, guidance is effective July 22, 2016. worn bushings, etc.) that would require FOR FURTHER INFORMATION CONTACT: Mr. § 396.23 [Amended] immediate attention. Mike Huntley, Vehicle and Roadside ■ 9. In § 396.23, remove paragraph (a) * * * * * Operations Division, Office of Bus and and redesignate paragraph (b) as 10. Tires Truck Standards and Operations, paragraph (a) and reserve a new * * * * * Federal Motor Carrier Safety paragraph (b). c. Installation of speed-restricted tires Administration, telephone: 202–366– ■ 10. Amend Appendix G to Subchapter unless specifically designated by motor 5370; michael.huntley@dot.gov. B of Chapter III by: carrier. SUPPLEMENTARY INFORMATION: On ■ a. Adding Section 1.l and footnotes 1 * * * * * November 17, 1993, the Federal and 2; 14. Motorcoach Seats Highway Administration (FHWA) 1 a. Any passenger seat that is not securely ■ b. Adding Section 1.m; published ‘‘Regulatory Guidance for the fastened to the vehicle structure. ■ b. Adding Section 10.c; b. [Reserved] Federal Motor Carrier Safety ■ c. Adding Section 14; and Regulations’’ at 58 FR 60734. The ■ d. Removing ‘‘Comparison of 1 Power units manufactured after March 1, 2001, publication included interpretations of Appendix G, and the New North have two ABS malfunction indicators, one for the power unit and one for the units that they tow. Both 1 The Motor Carrier Safety Improvement Act of American Uniform Driver Vehicle malfunction indicators are required to be fully ehiers on DSK5VPTVN1PROD with RULES 1999 [Pub. L. 106–159, 113 Stat. 1748 (December 9, Inspection Procedure (North American functional. 1999)] established the FMCSA in the Department of Commercial Vehicle Critical Safety 2 This section is applicable to tractors with air Transportation. On January 4, 2000, the Office of Inspection Items and Out-Of-Service brakes built on or after March 1, 1997, and all other the Secretary published a final rule delegating to Criteria),’’ including the introductory vehicles with air brakes built on or after March 1, the FMCSA Administrator the motor carrier safety 1998. This section is also applicable to vehicles functions required by MCSIA, which included text and paragraphs 1.–13. over 10,000 lbs. GVWR with hydraulic brakes built certain motor carrier safety functions previously The additions read as follows: on or after March 1, 1999. delegated to the FHWA (65 FR 200). VerDate Sep<11>2014 14:57 Jul 21, 2016 Jkt 238001 PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 E:\FR\FM\22JYR1.SGM 22JYR1

Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations 47733 49 CFR 396.17, a rule that requires all program, but these vehicles are not used Management Council (Council). This CMVs to be inspected at least once in that State. Is the motor carrier final rule extends the current Gulf every 12 months in accordance with required to make sure the vehicles are commercial shrimp permit moratorium Appendix G to the FMCSRs (‘‘Minimum inspected under that State’s program in for 10 more years. The intent of this Periodic Inspection Standards’’), and 49 order to meet the Federal periodic final rule and Amendment 17A is to CFR 396.23, a rule that identifies inspection requirements? protect federally managed Gulf shrimp alternative inspections that are Guidance: If the State requires all stocks while promoting catch efficiency, considered equivalent to the annual vehicles registered in the State to be economic efficiency, and stability in the inspection required under 49 CFR inspected through its mandatory fishery. 396.17. The Agency interpreted the program, then the motor carrier must DATES: This rule is effective August 22, regulations to permit a roadside use the State program to satisfy the 2016. inspection to be considered as Federal requirements. If, however, the ADDRESSES: Electronic copies of equivalent to the annual inspection. The State inspection program includes an Amendment 17A, which includes an regulatory guidance was republished on exception or exemption for vehicles environmental assessment, a Regulatory April 4, 1997, at 62 FR 16370. which are registered in the State but Flexibility Act analysis, and a regulatory A final rule issued by FMCSA, domiciled outside of the State, then the impact review, may be obtained from published elsewhere in today’s issue of motor carrier may meet the Federal the Southeast Regional Office Web site the Federal Register, amends 49 CFR requirements through a self-inspection, at http://sero.nmfs.noaa.gov/ 396.17(f) and removes 49 CFR 396.23(a) a third party inspection, or a periodic sustainable_fisheries/gulf_fisheries/ to eliminate the option for a motor inspection performed in any State with shrimp/2016/am17a/index.html. carrier to meet the periodic inspection a program that the Federal Motor Carrier FOR FURTHER INFORMATION CONTACT: requirements through roadside Administration (FMCSA) determines is Susan Gerhart, telephone: 727–824– inspections. comparable to, or as effective as, the 5305, or email: Susan.Gerhart@ Because not every element of part 396 requirements. noaa.gov. Appendix G is reviewed/inspected during a roadside inspection conducted Section 396.23, Question 1 SUPPLEMENTARY INFORMATION: The under the North American Standard Question 1: Can a violation-free shrimp fishery in the Gulf is managed Inspection, most roadside inspections Commercial Vehicle Safety Alliance under the FMP. The FMP was prepared do not meet the periodic (annual) (CVSA) Level I or Level V inspection be by the Council and implemented inspection requirements under 49 CFR used to satisfy the periodic inspection through regulations at 50 CFR part 622 396.17. For this reason, FMCSA does requirements of § 396.17? under the authority of the Magnuson- not believe it is appropriate to continue Guidance: No, a CVSA Level I or Stevens Fishery Conservation and to allow motor carriers to use roadside Level V inspection is not equivalent to Management Act (Magnuson-Stevens inspections conducted by enforcement the Federal periodic inspection Act). officials to satisfy the annual inspection requirements. On April 5, 2016, NMFS published a requirements in 49 CFR 396.17(f). Motor notice of availability for Amendment Issued on July 14, 2016. carriers or their agents will now be 17A and requested public comment (81 T.F. Scott Darling, III, FR 19547). On April 14, 2016, NMFS required to complete a periodic Acting Administrator. published a proposed rule for inspection of every CMV under their control in accordance with Appendix G [FR Doc. 2016–17362 Filed 7–21–16; 8:45 am] Amendment 17A and requested public at least once every 12 months, BILLING CODE 4910–EX–P comment (81 FR 22042). The proposed irrespective of whether a roadside rule and Amendment 17A outline the inspection is performed, unless the rationale for the actions contained in vehicle is subject to a mandatory State DEPARTMENT OF COMMERCE this final rule. A summary of the action inspection program in accordance with implemented by Amendment 17A and 49 CFR 396.23 which has been National Oceanic and Atmospheric this final rule is provided below. determined to be as effective as the Administration Management Measure Contained in requirements of 49 CFR 396.17. This Final Rule Given the amendments to 49 CFR 50 CFR Part 622 396.17(f) discussed above, the final rule This final rule extends the Gulf [Docket No. 160222132–6585–02] also removes 49 CFR 396.23(a), which shrimp Federal permit moratorium until currently permits a roadside inspection RIN 0648–BF77 October 26, 2026. Through Amendment program of a State or other jurisdiction 13 to the FMP, the Council established Fisheries of the Caribbean, Gulf of a 10-year moratorium on the issuance of to be considered as meeting the periodic Mexico, and South Atlantic; Shrimp inspection requirements of 49 CFR new Federal commercial shrimp vessel Fishery of the Gulf of Mexico; permits (71 FR 56039, September 26, 396.17. Amendment 17A As a result of the final rule, and to 2006). The moratorium on permits maintain consistency between the AGENCY: National Marine Fisheries indirectly controls shrimping effort in amended FMCSRs and the published Service (NMFS), National Oceanic and Federal waters and thereby bycatch regulatory guidance, two regulatory Atmospheric Administration (NOAA), levels of juvenile red snapper and sea guidance questions/answers are Commerce. turtles. The final rule implementing the amended as follows: ACTION: Final rule. moratorium became effective October 26, 2006, and the moratorium permits ehiers on DSK5VPTVN1PROD with RULES Section 396.17, Question 1 SUMMARY: NMFS issues regulations to became effective in March 2007. Question 1: Some of a motor carrier’s implement Amendment 17A to the Extending the moratorium for an vehicles are registered in a State with a Fishery Management Plan for the additional 10 years until October 26, mandated inspection program which Shrimp Fishery of the Gulf of Mexico 2026, is expected to maintain the has been determined to be as effective (FMP), as prepared and submitted by biological, social, and economic benefits as the Federal periodic inspection the Gulf of Mexico (Gulf) Fishery to the shrimp fishery achieved under VerDate Sep<11>2014 14:57 Jul 21, 2016 Jkt 238001 PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 E:\FR\FM\22JYR1.SGM 22JYR1


Document Created: 2016-07-22 02:38:16
Document Modified: 2016-07-22 02:38:16
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionAmendment of regulatory guidance.
ContactMr. Mike Huntley, Vehicle and Roadside Operations Division, Office of Bus and Truck Standards and Operations, Federal Motor Carrier Safety Administration, telephone: 202-366-5370; [email protected]
FR Citation81 FR 47732 
RIN Number2126-AB81
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