[Federal Register Volume 63, Number 33 (Thursday, February 19, 1998)]
[Notices]
[Pages 8516-8517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-4173]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
[FHWA Docket No. MC-89-10; FHWA-97-2195]
Inspection, Repair, and Maintenance; Periodic Inspection of
Commercial Motor Vehicles
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Notice to motor carriers on State periodic inspection programs;
closing of public docket.
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SUMMARY: This notice adds the State of Ohio's periodic inspection (PI)
program for church buses 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). The FHWA has
published a list of such programs in the Federal Register previously,
and this list has been revised occasionally. Including Ohio, there are
23 States, the Alabama Liquefied Petroleum Gas Board, the District of
Columbia, 10 Canadian Provinces, and one Canadian Territory that have
PI programs which the FHWA has determined to be comparable to, or as
effective as, the Federal PI requirements. In addition, the FHWA is
closing FHWA Docket No. MC-89-10, FHWA-97-2195 because interested
parties know how to contact the FHWA by means other than the formal
docket system to request that an inspection program be added to the
list.
DATES: This action is effective on February 19, 1998.
FOR FURTHER INFORMATION CONTACT: Mr. Larry W. Minor, Office of Motor
Carrier Standards, HCS-10, (202) 366-4009; or Mr. Charles Medalen,
Office of the Chief Counsel, HCC-20, (202) 366-1354, Federal Highway
Administration, 400 Seventh Street, SW., Washington, DC 20590. Office
hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday through Friday,
except Federal holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access
An electronic copy of this document may be downloaded using a modem
and suitable communications software from the Federal Register
Electronic Bulletin Board Service at (202) 512-1661. Internet users may
reach the Federal Register's home page at: http://www.nara.gov/nara/
fedreg and the Government Printing Office's database at: http://
www.access.gpo.gov/su__docs.
Background
Section 210 of the Motor Carrier Safety Act of 1984 (49 U.S.C.
31142) (the Act) requires the Secretary of Transportation (the
Secretary) to prescribe standards for annual, or more frequent,
inspection of commercial motor vehicles (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 FHWA published a final rule amending 49 CFR part 396, Inspection,
Repair, and Maintenance (53 FR 49402). The final rule requires CMVs
operated in interstate commerce to be inspected at least once a year.
The inspection is to be based on Federal inspection standards, or a
State inspection program determined by the FHWA to be comparable to, or
as effective as, the Federal standards. Accordingly, if the FHWA
determines a State's PI program is comparable to, or as effective as,
the requirements of part 396, then a motor carrier must ensure that all
of its CMVs which are required by that State to be inspected through
the State's inspection program are so inspected. If a State does not
have such a program, the motor carrier is responsible for ensuring that
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 which requested States and other interested parties to
identify and provide information on the CMV inspection programs in
their respective jurisdictions (54 FR 11020). Upon review of the
information submitted, the FHWA published a list of State inspection
programs which 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. That 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 47983). 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 most recently revised on November
7, 1995, to include the Connecticut bus inspection program (60 FR
56183).
Determination: State of Ohio Church Bus Inspection Program
The State of Ohio (the State) has implemented mandatory annual
inspection requirements for church buses as part of its program to
improve the safety of operation of private motor carriers of
passengers. Church groups that operate buses which qualify as
commercial motor vehicles (as defined in 49 CFR 390.5) are considered
private motor carriers of passengers and are subject to certain Federal
safety regulations, including the periodic inspection requirements
found in 49 CFR part 396. The State requires churches using buses
registered as a
[[Page 8517]]
``church bus'' in accordance with Ohio Revised Code 4503.07, and used
to transport members to and from church services or functions, to
submit an application for the registration of such buses to the Bureau
of Motor Vehicles. As part of the annual registration application, the
church must include a certificate from the State Highway Patrol as
proof that the bus has been inspected and is safe for operation in
accordance with the standards prescribed by the Superintendent of the
State Highway Patrol. The inspections are performed by the State
Highway Patrol at State facilities or the bus owner's garage.
The FHWA has determined that the Ohio church bus inspection program
in effect as of March 31, 1997, is comparable to, or as effective as,
the Federal PI requirements. Therefore, private motor carriers of
passengers operating buses which are subject to the State's program and
which are subject to the FMCSRs must use the State's program to satisfy
the Federal PI requirements.
It should be noted that in accepting the State's PI program, the
FHWA also accepts the recordkeeping requirements associated with the
inspection program. The inspection report used to record the inspection
is a two-part form. If the vehicle passes the inspection, the bottom
portion of the form is given to the bus operator to submit to the
Bureau of Motor Vehicles as part of the application for vehicle
registration (e.g., purchasing the annual church bus license plate).
The top portion of the inspection report is maintained by the State
Highway Patrol. The State church bus license plate (with a current
validation sticker) is considered by the FHWA as satisfying the Federal
requirement for proof of inspection on the CMV.
States With Equivalent Periodic Inspection Programs
The following is a complete list of States with inspection programs
which the FHWA has determined are comparable to, or as effective as,
the Federal PI requirements:
Alabama (LPG Board)
Arkansas
California
Connecticut
District of Columbia
Hawaii
Illinois
Louisiana
Maine
Maryland
Michigan
Minnesota
New Hampshire
New Jersey
New York
Ohio
Oklahoma
Pennsylvania
Rhode Island
Texas
Utah
Vermont
Virginia
West Virginia
Wisconsin
In addition to the States listed above, the FHWA has determined
that the inspection programs of the 10 Canadian Provinces and the Yukon
Territory are comparable to, or as effective as, the Federal PI
requirements. All other States either have no PI programs for CMVs, or
their PI programs have not been determined by the FHWA to be comparable
to, or as effective as, the Federal PI requirements. Should any of
these States wish to establish a program or modify their programs in
order to make them comparable to the Federal requirements, the State
should contact the appropriate FHWA regional office listed in 49 CFR
390.27.
Closing of FHWA Docket MC-89-10, FHWA-97-2195
This notice officially closes FHWA Docket MC-89-10, FHWA-97-2195.
The docket was opened on March 16, 1989, to solicit information and
public comment on State inspection programs. Since the original list of
State programs was published on December 8, 1989, information
concerning additions to the list, including information about Canadian
inspection programs, has been submitted directly to the Office of Motor
Carriers by those jurisdictions. The agency believes interested parties
know how to contact the FHWA by means other than the formal docket
system and it is no longer necessary to keep the docket open.
Authority: 49 U.S.C. 31136, 31142, 31502, and 31504; 49 CFR
1.48.
Issued on: February 11, 1998.
Kenneth R. Wykle,
Administrator, Federal Highway Administration.
[FR Doc. 98-4173 Filed 2-18-98; 8:45 am]
BILLING CODE 4910-22-P
