[Federal Register: February 19, 1998 (Volume 63, Number 33)] [Notices] [Page 8516-8517] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr19fe98-128] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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