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[Federal Register Volume 90, Number 10 (Thursday, January 16, 2025)]
[Notices]
[Pages 4830-4832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00898]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2021-0070]

Inspection, Repair and Maintenance; Inspector Qualifications; 
Application for an Exemption From the American Trucking Associations

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

ACTION: Notice of final disposition; grant of exemption.

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SUMMARY: FMCSA grants a limited 5-year exemption to the American 
Trucking Associations (ATA) on behalf of motor carriers, intermodal 
equipment providers (IEPs), and individuals, from the requirements that 
an individual must complete 1 year of training, experience, or a 
combination thereof prior to being qualified to conduct annual 
commercial motor vehicle (CMV) inspections and to conduct brake-related 
inspection, repair and maintenance tasks on CMVs. The exemption covers 
individuals who successfully complete a training program that is self-
certified by the training provider as consistent with a set of 
recommended practices (RPs) developed by the ATA's Technology and 
Maintenance Council (TMC) and motor carriers and IEPs who rely on these 
training programs and individuals to satisfy FMCSA's rules. The Agency 
has determined that granting the exemption from the requirements for 1 
year of training, experience, or a combination thereof for individuals 
who successfully complete, and educators who provide, a performance-
based inspector training program consistent with the TMC RPs, would 
likely achieve a level of safety equivalent to or greater than the 
level of safety provided by the regulatory requirements.

DATES: This exemption is effective January 16, 2025 and expires on 
January 16, 2030.

FOR FURTHER INFORMATION CONTACT: Mr. David Sutula, Vehicle and Roadside 
Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC-
PSV, FMCSA; 1200 New Jersey Avenue SE, Washington, DC 20590-0001; (202) 
366-9209; [email protected].

SUPPLEMENTARY INFORMATION:

I. Viewing Comments and Documents

    To view comments, go to www.regulations.gov, insert the docket 
number ``FMCSA-2021-0070'' in the keyword box, and click ``Search.'' 
Next, sort the results by ``Posted (Newer-Older),'' choose the first 
notice listed, click ``Browse Comments.''
    To view documents mentioned in this notice as being available in 
the docket, go to www.regulations.gov, insert the docket number 
``FMCSA-2021-0070'' in the keyword box, click ``Search,'' and chose the 
document to review.
    If you do not have access to the internet, you may view the docket 
online by visiting Dockets Operations on the ground floor of the DOT 
West Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 
9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays. 
To be sure someone is there to help you, please call (202) 366-9317 or 
(202) 366-9826 before visiting Dockets Operations.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant 
exemptions from Federal Motor Carrier Safety Regulations (FMCSRs). 
FMCSA must publish a notice of each exemption request in the Federal 
Register (49 CFR 381.315(a)) and provide the public an opportunity to 
inspect the information relevant to the application, including the 
applicant's safety analysis. The Agency must provide an opportunity for 
public comment on the request.
    The Agency reviews safety analyses and public comments submitted 
and determines whether granting the exemption would likely achieve a 
level of safety equivalent to, or greater than, the level that would be 
achieved by the current regulation (49 CFR 381.305(a)). The Agency must 
publish its decision in the Federal Register (49 CFR 381.315(b)). If 
granted, the notice will identify the person or class of persons 
receiving the exemption, the regulatory provision from which the 
exemption is granted, the effective period, and all terms and 
conditions of the exemption (49 CFR 381.315(c)(1)). If the exemption is 
denied, the notice will explain the reason for the denial (49 CFR 
381.315(c)(2)). The exemptions may be renewed (49 CFR 381.300(b)).

III. Background

A. Current Regulatory Requirements

    The FMCSRs require motor carriers and IEPs to ensure that 
individuals performing annual inspections of CMVs (49 CFR 396.19), 
including individuals who inspect, maintain, repair, or service CMV 
brake systems (49 CFR 396.25), are properly qualified to perform such 
assignments. Under Sec. Sec.  396.19(a)(3)(ii) and 396.25(d)(3)(ii), 
part of the qualifications to conduct those inspections is that an 
individual have training, experience, or a combination thereof totaling 
at least 1 year as outlined in those sections.

B. Applicant's Request

    ATA applied on behalf of individuals seeking inspector 
qualifications for an exemption from the requirements in 49 CFR 
396.19(a)(3)(ii) and 396.25(d)(3)(ii) that an individual must complete 
training, experience, or a combination thereof totaling at least 1 year 
prior to being qualified as an inspector. ATA requested that FMCSA 
permit educators to self-certify their training programs based on the 
TMC RPs and permit technicians who complete those training programs to 
be qualified to inspect CMVs in less than 1 year.
    ATA stated that educators that provide a TMC RP-based training 
program develop technicians with the skills and knowledge to be highly 
proficient and qualified inspectors in less than a year. TMC's Educator 
Committee recommended training of a minimum of 210 hours for 
individuals having some level of experience and competency to a maximum 
of 540 hours for those new to CMVs. The committee estimated that 
approximately one-third of the instruction would be classroom based, 
with the remainder of the curriculum being laboratory/hands-on based. 
ATA also proposed to ``grandfather'' individuals with some level of 
experience who can ``test out'' of the training by passing the National 
Institute for Automotive Service Excellence (ASE) Medium-Heavy Truck 
Certification Tests T4--Brakes and T8--Preventative Maintenance 
Inspection by demonstrating successful preventive maintenance 
inspection (PMI) to a qualified inspector or educator. After meeting 
the requirements, ATA stated

[[Page 4831]]

that individuals should be exempt from the one-year requirement.
    A copy of the application is included in the docket referenced at 
the beginning of this notice.

IV. Public Comments

    FMCSA published a notice in the Federal Register on July 14, 2021, 
asking for public comment on the exemption request (86 FR 37208). The 
Agency received one comment from the American Bus Association (ABA).
    The ABA supported the exemption. It stated that, given the shortage 
of drivers, safety professionals, and maintenance personnel following 
the COVID-19 pandemic, this exemption will positively impact the CMV 
industry by expanding accessibility and opportunities for professional 
development and staffing. The ABA also suggested that the program 
should be considered like commercial training programs designed to 
train students in brake maintenance/inspection and in CMV operation and 
maintenance, which are already encompassed in the relevant regulations; 
therefore, an exemption for educators should not be necessary.
    FMCSA Response: FMCSA agrees with ABA regarding the positive impact 
of the exemption on the CMV industry, to help address a shortage of 
maintenance personnel.
    Although FMCSA regulations do not directly apply to training 
programs, FMCSA emphasizes that each self-certifying training provider 
must ensure its training program is consistent with ATA's TMC RPs such 
that the individual is qualified in less than 1 year to conduct annual 
CMV inspections and brake-related inspection, repair, and maintenance 
tasks on CMVs. This approach would differ from existing programs 
designed to train students in CMV operation and maintenance that 
require training or experience totaling at least 1 year, which also 
include brake instruction.

V. Equivalent or Greater Level of Safety Analysis

    TMC's Study Groups and Task Forces have developed a series of best 
practices and standards for the maintenance and operation of CMVs and 
equipment that together will serve to provide training providers with 
the necessary content to deliver comprehensive training programs and 
assessments that provide individuals with the knowledge and skills to 
become qualified inspectors.
    ATA has developed more than 500 RPs that outline individual 
procedures for inspecting, repairing, or replacing components on CMVs. 
These RPs are available in a document titled ``A Guide to TMC 
Recommended Practices.'' The RPs are categorized into 15 sections based 
on the CMV systems and components, such as Electrical and Lighting, 
Tires & Wheels, Engine, Cab & Controls, Fleet Maintenance Management, 
Chassis and Brake Systems, Trailers Bodies and Material Handling, Cost 
Control Methods, Sustainability and Environmental Technologies, Onboard 
Vehicle Electronics, Last Mile and Vocational Vehicles, Specialty 
Trucks, Service Provider, Collision and Corrosion Control, and Offboard 
Data Systems. Generally, each RP includes:
     Preface: This section provides important warnings and 
disclaimers to the user.
     Scope and Purpose: This section defines the purpose and 
scope of the RP and identifies the intended audience.
     Background: This section provides an explanation of the 
need for the RP and a brief overview of the content.
     Recommended Practices: This section provides the step-by-
step guidance and procedures for addressing the issue.
     References: This section lists any additional sources of 
information or references that are relevant to the RP.
    FMCSA has evaluated the exemption application and the comment 
received. For the reasons discussed below, FMCSA has determined that 
granting an exemption from the requirements that motor carriers and 
IEPs ensure that individuals performing annual inspections have 1 year 
of training, experience, or a combination thereof would likely achieve 
a level of safety equivalent to or greater than the level of safety 
provided by the regulatory requirements if the individuals instead 
successfully complete a performance-based inspector training program 
consistent with the TMC RPs,.
    TMC's RPs are compiled in accordance with a disciplined development 
process, subject to peer review, offer an appeals and formal decision-
making process, are accessible, and provide a way for stakeholders to 
comment and contribute. The RPs are subject to a review cycle of no 
more than 5 years, during which time an RP must be reissued, revised, 
and if appropriate, withdrawn. FMCSA believes that by using a 
structured training program that follows the RP intended to accelerate 
an individual's knowledge and skills, the individual could gain more 
real-world experience and practical knowledge in less than the 1 year 
required by the FMCSRs. The collaborative effort involving industry 
experts ensures that the training material is relevant, up-to-date, and 
effective in addressing common issues technicians and inspectors face 
in their day-to-day work environment. The RPs also undergo a thorough 
review and validation by a group of knowledgeable and experienced 
professionals within the industry. This review process helps to ensure 
the accuracy, reliability, and quality of training content, which 
benefits from the expertise of professionals with firsthand experience 
in the field. In summary, an inspector training program based on the 
TMC RP curricula would provide practical and relevant training 
experiences, as it provides industry best practices and real-world 
expertise. The RP peer review process contributes to an additional 
level of validation to the training, ensuring that it meets high 
quality standards and prepares individuals to effectively carry out 
their inspection responsibilities.
    FMCSA also reviewed the TMC RP applicable to the inspection items 
in Appendix A to 49 CFR part 396 that establish the framework for the 
training program. FMCSA finds that the establishment of recommended 
inspection and repair practices and training guidelines through a 
program based on TMC RPs will have a positive impact on highway safety 
and competence in the field. In addition, FMCSA supports ATA's TMC 
recommendation that the training program duration should be at least 
540 hours (approximately 13.5 work weeks) for new individuals, divided 
into one-third (\1/3\) classroom-based instruction and two-third (\2/
3\) laboratory hands-on based instruction. FMCSA has determined that 
the combination of hours, classroom, and hands-on experience is 
sufficient to provide the individual with a level of knowledge, 
proficiency, and experience to perform quality PMI inspections.
    FMCSA also agrees with the concept of allowing individuals who have 
completed fewer than 12 months of combined training and experience (and 
thus not yet qualified inspectors per the current FMCSRs) to ``test 
out'' by taking and successfully passing the ASE T4 and T8 tests. 
However, the Agency believes that this approach should be limited to 
individuals who have already completed a minimum of 330 hours 
(approximately 8.25 work weeks) of combined training and experience, 
followed by a minimum of 210 hours (approximately 5.25 work weeks) of 
combined training and experience under a curriculum that the training 
provider has self-certified as based on the TMC RPs (a combined total 
equivalent to the 540 hours proposed by ATA). Paragraph VI(B)(1)(b)(ii) 
in the

[[Page 4832]]

Terms and Conditions below reflects this alternative approach.
    As noted above and based on a review of the comprehensive materials 
that ATA has developed, FMCSA has determined that an individual who 
successfully completes a training program consistent with the TMC RPs 
and under the terms and conditions of the exemption granted will likely 
possess the skills and knowledge to be as proficient and efficient an 
inspector as one who has completed 1 year of training, experience, or a 
combination thereof.

VI. FMCSA Decision

A. Granting of Exemption

    FMCSA hereby grants a limited 5-year exemption to motor carriers 
and IEPs from the requirements in 49 CFR 396.19(a)(3)(ii) and 
396.25(d)(3)(ii) to ensure that an individual complete training, 
experience, or a combination thereof totaling at least 1 year, provided 
that those individuals successfully complete an inspector training 
program that has self-certified with the ATA as meeting the 
requirements of the terms and conditions below. The inspector 
qualification requirements in 49 CFR 396.19(a)(1) and (2) and 
396.25(d)(1) and (2) continue to apply.
    These exemptions are effective January 16, 2025 through January 15, 
2030 11:59 p.m. local time, unless rescinded earlier by FMCSA.

B. Terms and Conditions of the Exemption

    This exemption allows individuals to meet the inspector 
qualification requirements of 49 CFR 396.19(a)(3)(ii) and 
396.25(d)(3)(ii) if they have completed a training course using a 
curriculum consistent with the RPs developed by the TMC, subject to all 
the following terms and conditions:
    1. The training provider must self-certify that its inspector 
training program satisfies all the requirements of these terms and 
conditions. Each program must:
    a. Provide an inspector training program that is consistent with 
ATA's TMC RPs which are updated from time to time and includes at a 
minimum PMI Guidelines for Class 7 & 8 Diesel Powered Tractors, PMI 
Guidelines for Light & Medium-Duty Vehicles (excluding guidelines 
applicable to light-duty vehicles), PMI Guidelines for Trailers & 
Material Handling, PMI Trainer/Instructor for Class 7 & 8 Diesel 
Powered Tractors.
    b. Provide at least:
    i. 540 hours of classroom and hands-on instruction exclusive of 
time for new individual entrants to satisfy the requirements described 
below, or;
    ii. 210 hours of classroom and hands-on instruction exclusive of 
time for individual entrants who have already completed at least 330 
hours of combined classroom and hands-on experience and who have taken 
and successfully passed the ASE T4 and T8 tests.
    c. Provide instructional training such that approximately one-third 
of the instruction is classroom based and two-thirds of the instruction 
is laboratory or hands-on, consistent with the ATA's TMC RPs.
    d. Provide notice to ATA of the training program's self-
certification, including the effective date of self-certification.
    e. Provide graduates with certificates of program completion that 
indicate the individual has satisfactorily completed an inspector 
training program consistent with the terms of this exemption.
    f. Maintain a list of individuals to whom it has issued a 
certificate as described in paragraph (d), confirm whether an 
individual has successfully completed its inspector training program, 
and provide such documentation upon the request of FMCSA, or a motor 
carrier or EIP that employs, seeks to employ, or otherwise utilizes, 
the individual as a qualified inspector.
    g. Allow FMCSA access to any documents or records relating to the 
inspector training program it provides that may be necessary for FMCSA 
to evaluate the educator's compliance with the terms and conditions of 
this exemption.
    2. ATA must maintain, publish, and provide to FMCSA, a public list 
of the training programs that have self-certified as having curricula 
that meet the terms and conditions of this exemption. ATA must remove 
from the list of self-certified training programs any training provider 
that FMCSA or ATA determines does not comply with the terms and 
conditions of the exemption.
    3. Motor carriers and IEPs using an individual qualified under the 
terms and conditions of this exemption to perform annual inspections 
under 49 CFR 396.17 must ensure that the individual's training program 
was on ATA's list of self-certified training programs as of the date on 
the individual's certificate of program completion and must continue to 
retain evidence of the individual's qualifications, as required by 49 
CFR 396.19(b) and 49 CFR 396.25(e).
    The terms and conditions of this exemption do not delegate any 
FMCSA responsibility to ATA. The exemption also does not authorize ATA 
to collect a fee on behalf of the government, or to state or imply that 
any third party's payment for ATA's training services is in lieu of an 
otherwise applicable government fee. ATA is not offering goods or 
services to FMCSA. Granting this exemption does not create any 
expectation of payment or obligation to pay future claims.

VII. Preemption

    In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR 
381.600, during the period this exemption is in effect, no State shall 
enforce any law or regulation applicable to interstate commerce that 
conflicts with or is inconsistent with this exemption with respect to 
an entity operating under the exemption. States may, but are not 
required to, adopt the same exemption with respect to operations in 
intrastate commerce.

VIII. Termination

    Interested parties possessing information demonstrating that the 
exemptions granted herein do not result in the requisite statutory 
level of safety should immediately notify FMCSA by email at 
[email protected].
    The exemptions will be immediately rescinded if: (1) ATA, training 
providers, motor carriers, IEPs, or individuals fail to comply with the 
terms and conditions of the exemptions; (2) the exemptions have 
resulted in a lower level of safety than was maintained before the 
exemptions were granted; or (3) continuation of the exemptions would 
not be consistent with the goals and objectives of 49 U.S.C. 31136 or 
chapter 313.

Vincent G. White,
Deputy Administrator.
[FR Doc. 2025-00898 Filed 1-15-25; 8:45 am]
BILLING CODE 4910-EX-P
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