82 FR 20311 - State Inspection Programs for Passenger-Carrier Vehicles; Withdrawal

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 82 (May 1, 2017)

Page Range		20311-20312
FR Document		2017-08724

FMCSA withdraws 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). FMCSA sought information from all interested parties that would enable the Agency to assess the risks associated with improperly maintained or 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. After reviewing all the public comments, and in consideration of the comments provided by individuals attending the three public listening sessions held in 2015, FMCSA has determined there is not enough data and information available to support moving forward with a rulemaking action.

Federal Register, Volume 82 Issue 82 (Monday, May 1, 2017)

[Federal Register Volume 82, Number 82 (Monday, May 1, 2017)]
[Proposed Rules]
[Pages 20311-20312]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-08724]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 350

[Docket No. FMCSA-2014-0470]
RIN 2126-AB84


State Inspection Programs for Passenger-Carrier Vehicles; 
Withdrawal

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

ACTION: Advance notice of proposed rulemaking; withdrawal.

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SUMMARY: FMCSA withdraws 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). FMCSA sought information from all interested parties 
that would enable the Agency to assess the risks associated with 
improperly maintained or 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. After reviewing all the 
public comments, and in consideration of the comments provided by 
individuals attending the three public listening sessions held in 2015, 
FMCSA has determined there is not enough data and information available 
to support moving forward with a rulemaking action.

DATES: The ANPRM ``State Inspection Programs for Passenger-Carrier 
Vehicles,'' published on April 27, 2016 (81 FR 24769), is withdrawn as 
of May 1, 2017.

FOR FURTHER INFORMATION CONTACT: Ms. Loretta Bitner, Chief, Commercial 
Passenger Carrier Safety Division at 202-385-2428, or via email at 
[email protected], Federal Motor Carrier Safety Administration, 
1200 New Jersey Avenue SE., Washington,

[[Page 20312]]

DC 20590-0001. If you have questions on viewing or submitting material 
to the docket, contact Docket Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Background/Topics Addressed During the Comment Period

    In accordance with Sec.  32710 of the Moving Ahead for Progress in 
the 21st Century Act (MAP-21) (Pub. L. 112-141, 126 Stat. 405, 815), 
FMCSA published an ANPRM in the Federal Register on April 27, 2016 (81 
FR 24769). The Agency sought information from industry and other 
stakeholders on the maintenance and inspection of passenger-carrying 
CMVs that would help FMCSA decide whether to propose a rule that 
mandates States to impose an annual inspection process.
    FMCSA requested information from commercial passenger carriers and 
other stakeholders in order to consider proposing a rule that would 
require the States to establish annual inspection programs for 
passenger-carrying CMVs. The requested information was necessary to 
assist FMCSA in quantifying the economic benefits and costs of 
potentially moving forward with establishing an inspection program and 
in assessing risks associated with improperly maintained or inspected 
passenger-carrying CMVs. The ANPRM also was intended to provide 
information on the effectiveness of existing Federal inspection 
requirements in mitigating risks and ensuring safe and proper 
operations.\1\ In the effort to gather relevant data, FMCSA posed a 
series of questions addressing the following matters:
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    \1\ Subsequent to publication of the ANPRM, FMCSA issued a rule 
that eliminated the option of relying on roadside inspections as 
satisfying the periodic inspection requirement. See 81 FR 47722 
(July 22, 2016).
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     Existing State Mandatory Vehicle Inspection Programs for 
Passenger-Carrying CMVs.
     Measuring Effectiveness of Inspection Programs.
     Inspection Facilities and Locations.
     Costs.
     Uniformity of Mandatory Vehicle Inspections Programs.
     Current Federal Standards.
     Federal Authority.

Discussion of Comments

    The Agency received 22 public comments, with 10 commenters 
expressing general opposition to the mandatory State inspection 
requirement discussed in the ANPRM. Seven commenters supported the 
establishment of such a requirement; four commenters neither supported 
nor opposed a possible requirement, and one commenter's issue was out-
of-scope. Many commenters indicated that the existing standards for 
annual inspections prescribed in the Federal Motor Carrier Safety 
Regulations (FMCSRs) 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.
    Several commenters, including State agencies in Michigan, 
Pennsylvania, and Texas, 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. Michigan's 
Department of Motor Vehicles indicated it improved its inspection 
process by educating carriers on the required State inspection criteria 
in 2013; it has since observed a 10% increase in vehicles passing their 
initial safety inspection.
    Few commenters addressed how FMCSA might incentivize the States to 
establish mandatory inspection programs. The South Carolina Transport 
Police noted that a mandate would be a strain on its resources. The 
Michigan Department of Transportation noted that a program should be 
subsidized with Federal funding. A representative from Pennsylvania 
suggested providing additional Federal highway funding to those States 
with well-defined programs.

FMCSA Decision

    FMCSA withdraws the April 2016 ANPRM because the Agency is not 
aware of 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.
    The Agency held a series public listening sessions \2\ concerning 
this subject prior to publication of the ANPRM. Those sessions provided 
interested parties with the opportunity to share their views on the 
merits of requiring State inspections of passenger CMVs. Transcripts of 
the sessions are available in the public docket noted above. 
Stakeholders' remarks and comments proved valuable in developing the 
questions posed in the ANPRM, but the information they provided was not 
sufficient to support moving beyond the ANPRM. The Agency received a 
broad range of comments identifying issues FMCSA would need to consider 
in a rulemaking, such as the costs of mandatory inspection programs, 
the value of a nation-wide uniform inspection standard, and the need 
for national training of inspectors to eliminate inconsistencies in how 
inspection standards are applied. Both industry and the enforcement 
community expressed concerns about the cost of an inspection program. 
Stakeholders' estimates of costs for program administration and 
individual inspections varied significantly.
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    \2\ The listening sessions were conducted at the American Bus 
Association Marketplace in St. Louis, Missouri on January 13, 2015, 
a United Motor Coach Association meeting in New Orleans, Louisiana 
on January 18, 2015, and a Commercial Vehicle Safety Alliance 
workshop in Jacksonville, Florida on April 14, 2015.
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    The Agency does not foresee the availability of Federal funding to 
incentivize the States to adopt such programs under its existing grant 
programs.

    Issued under the authority of delegation in 49 CFR 1.87 on: 
April 25, 2017.
Daphne Y. Jefferson,
Deputy Administrator.
[FR Doc. 2017-08724 Filed 4-28-17; 8:45 am]
BILLING CODE 4910-EX-P

Federal Register / Vol. 82, No. 82 / Monday, May 1, 2017 / Proposed Rules 20311

recordkeeping. This document reopens commercial paint and coating removal; Dated: April 18, 2017.
and extends the comment periods for to prohibit the use of methylene Wendy Cleland-Hamnett,
each proposed rule for an additional 30 chloride and NMP in these commercial Acting Assistant Administrator for Chemical
days. Commenters requested additional uses; to require manufacturers Safety and Pollution Prevention.
time to submit written comments for the (including importers), processors, and [FR Doc. 2017–08772 Filed 4–28–17; 8:45 am]
proposed rules. distributors, except for retailers, of BILLING CODE 6560–50–P
DATES: Comments, identified by docket methylene chloride and NMP for any
identification (ID) number EPA–HQ– use to provide downstream notification
OPPT–2016–0387 and by docket of these prohibitions throughout the DEPARTMENT OF TRANSPORTATION
identification (ID) number EPA–HQ– supply chain; and to require
OPPT–2016–0231 must be received on recordkeeping. EPA is hereby reopening Federal Motor Carrier Safety
or before May 19, 2017. the comment periods for 30 days, to Administration
ADDRESSES: Follow the detailed
May 19, 2017.
instructions provided under ADDRESSES Even though EPA received requests 49 CFR Parts 350
in the Federal Register documents of for a lengthier extension of the comment [Docket No. FMCSA–2014–0470]
January 19, 2017, (82 FR 7432) (FRL– periods, the Agency has concluded that
a 30-day reopening of the comment RIN 2126–AB84
9950–08) or (82 FR 7464) (FRL–9958–
57). period is sufficient. EPA has already
provided for a substantial comment State Inspection Programs for
FOR FURTHER INFORMATION CONTACT: period, now totaling 90 days, for each of Passenger-Carrier Vehicles;
For technical information contact: the two proposals. EPA has already Withdrawal
Cindy Wheeler, Chemical Control extended the original 60-day comment AGENCY: Federal Motor Carrier Safety
Division (7405M), Office of Pollution period for the proposed rule in TCE in Administration (FMCSA), DOT.
Prevention and Toxics, Environmental vapor degreasing for 30 days, from ACTION: Advance notice of proposed
Protection Agency, 1200 Pennsylvania March 20, 2017, to April 19, 2017 (82 rulemaking; withdrawal.
Ave. NW., Washington, DC 20460–0001; FR 10732, February 15, 2017). This
telephone number: 202–566–0484; notice provides the second extension of SUMMARY: FMCSA withdraws its April
email address: wheeler.cindy@epa.gov the comment period for that proposed 27, 2016, advance notice of proposed
or Ana Corado, Chemical Control rule. EPA proposed the rule on rulemaking (ANPRM) concerning the
Division (7405M), Office of Pollution methylene chloride and NMP in paint establishment of requirements for States
Prevention and Toxics, Environmental and coating removal with a 90-day to implement annual inspection
Protection Agency, 1200 Pennsylvania comment period, ending on April 19, programs for commercial motor vehicles
Ave. NW., Washington, DC 20460–0001; 2017. Additionally, much of the (CMVs) designed or used to transport
telephone number: 202–564–0140; technical bases for the proposals has passengers (passenger-carrying CMVs).
email address: corado.ana@epa.gov. been available to the public since the FMCSA sought information from all
For general information contact: The risk assessments for methylene chloride interested parties that would enable the
TSCA-Hotline, ABVI-Goodwill, 422 and TCE were published in 2014 and Agency to assess the risks associated
South Clinton Ave., Rochester, NY the risk assessment for NMP was with improperly maintained or
14620; telephone number: (202) 554– published in 2015, and the commenters’ inspected passenger-carrying CMVs.
1404; email address: TSCA-Hotline@ expressed need for further extension The ANPRM also sought public
epa.gov. was general in nature (e.g., the comments concerning the effectiveness
SUPPLEMENTARY INFORMATION: This complexity and importance of the of the current FMCSA annual inspection
document reopens public comment subject matter, and prospective standards, and data on the potential
periods established in the two proposed commenters’ desire to continue costs and benefits of a Federal
rules issued in the Federal Register of conferring and reviewing the technical requirement for each State to implement
January 19, 2017 (82 FR 7432) (FRL– basis for EPA’s proposal). The Agency, a mandatory inspection program.
9950–08) and (82 FR 7464) (FRL–9958– therefore, is extending the comment FMCSA inquired about how the Agency
57). In the first action, EPA proposed a period at its own discretion, in the might incentivize States to adopt such
rule under section 6 of the Toxic interest of receiving comprehensive programs. After reviewing all the public
Substances Control Act (TSCA) to public comment for the benefit of the comments, and in consideration of the
prohibit the manufacture (including current rules. comments provided by individuals
import), processing, and distribution in To submit comments, or access a attending the three public listening
commerce of trichloroethylene (TCE) for docket, please follow the detailed sessions held in 2015, FMCSA has
use in vapor degreasing; to prohibit the instructions provided under ADDRESSES determined there is not enough data and
use of TCE in vapor degreasing; to in the Federal Register documents of information available to support moving
require manufacturers (including January 19, 2017, (82 FR 7432) (FRL– forward with a rulemaking action.
importers), processors, and distributors, 9950–08) or (82 FR 7464) (FRL–9958– DATES: The ANPRM ‘‘State Inspection
except for retailers, of TCE for any use 57). If you have questions, consult the Programs for Passenger-Carrier
to provide downstream notification of technical person listed under FOR Vehicles,’’ published on April 27, 2016
these prohibitions throughout the FURTHER INFORMATION CONTACT. (81 FR 24769), is withdrawn as of May
mstockstill on DSK30JT082PROD with PROPOSALS

supply chain; and to require limited 1, 2017.
List of Subjects in 40 CFR Part 751
recordkeeping. In the second notice, FOR FURTHER INFORMATION CONTACT: Ms.
EPA proposed a rule under section 6 of Environmental protection, Chemicals, Loretta Bitner, Chief, Commercial
TSCA to prohibit the manufacture Export notification, Hazardous Passenger Carrier Safety Division at
(including import), processing, and substances, Import certification, 202–385–2428, or via email at
distribution in commerce of methylene Methylene Chloride, N- Loretta.Bitner@dot.gov, Federal Motor
chloride and N-methylpyrrolidone Methylpyrrolidone, Trichloroethylene, Carrier Safety Administration, 1200
(NMP) for consumer and most types of Recordkeeping. New Jersey Avenue SE., Washington,

VerDate Sep<11>2014 16:54 Apr 28, 2017 Jkt 241001 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\01MYP1.SGM 01MYP1

Document Created: 2017-04-29 03:16:15
Document Modified: 2017-04-29 03:16:15

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Advance notice of proposed rulemaking; withdrawal.
Dates		The ANPRM ``State Inspection Programs for Passenger-Carrier Vehicles,'' published on April 27, 2016 (81 FR 24769), is withdrawn as of May 1, 2017.
Contact		Ms. Loretta Bitner, Chief, Commercial Passenger Carrier Safety Division at 202-385-2428, or via email at [email protected], Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826.
FR Citation		82 FR 20311
RIN Number		2126-AB84

82 FR 20311 - State Inspection Programs for Passenger-Carrier Vehicles; Withdrawal

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 82 (May 1, 2017)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration