[Federal Register Volume 66, Number 117 (Monday, June 18, 2001)]
[Notices]
[Pages 32863-32865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-15331]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration


Inspection, Repair, and Maintenance; Periodic Inspection of 
Commercial Motor Vehicles

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

ACTION: Acceptance of State of Ohio bus inspection programs and 
republication of accepted State programs.

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SUMMARY: The FMCSA announces it accepts the State of Ohio's periodic 
inspection program for buses. The FMCSA previously accepted Ohio's 
inspection program for church buses and added it to the list of 
programs that are comparable to, or as effective as, the Federal 
periodic inspection requirements contained in the Federal Motor Carrier 
Safety Regulations (FMCSRs). The state has since expanded its program 
and now requires that all buses undergo an annual inspection by the 
Ohio State Patrol. This notice also publishes the list of all 
inspection programs that meet the FMCSR requirement.

[[Page 32864]]


DATES: This action is effective on June 18, 2001.

FOR FURTHER INFORMATION CONTACT: Mr. Larry W. Minor, Office of Bus and 
Truck Standards and Operations, MC-PSV, (202) 366-4009; Federal Motor 
Carrier Safety 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:

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 another inspection system is as effective as an annual or more 
frequent inspection. In 1988, the Federal Highway Administration (FHWA) 
published a final rule amending 49 CFR part 396 (53 FR 49402, December 
7, 1988) to require CMVs operated in interstate commerce to be 
inspected at least once a year. Under section 396.17 the inspection is 
to be based on Federal inspection standards, or a State inspection 
program determined by the FMCSA to be comparable to, or as effective 
as, the Federal standards. Accordingly, if the agency determines a 
State's periodic inspection program is comparable to, or as effective 
as, the requirements of part 396, then a motor carrier must ensure that 
all of its commercial motor vehicles which are required by that State 
to be inspected through the State's inspection program are inspected. 
If a State does not have such a program, the motor carrier is 
responsible for ensuring its vehicles are inspected using one of the 
alternatives included in section 396.17.
    In 1989, the FHWA (the DOT agency with responsibility for motor 
vehicle safety until the establishment of the FMCSA in 2000), published 
a notice in the Federal Register that requested States and other 
interested parties to identify and provide information on the 
commercial motor vehicle inspection programs in their respective 
jurisdictions as contemplated by section 396.17 (54 FR 11020, March 16, 
1989). Upon review of the information submitted, the FHWA published a 
list of State inspection programs that were determined to be comparable 
to the Federal requirements (54 FR 50726, December 8, 1989). This 
initial list included 15 States and the District of Columbia. In 1991 
the list was revised 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 47982, September 23, 1991). In 1992, the list was revised to include 
the Wisconsin bus inspection program (57 FR 56400, November 27, 1992). 
In 1994, the list was revised to include the Texas CMV inspection 
program (59 FR 17829, April 14, 1994). In 1995, the list was revised to 
include the Connecticut bus inspection program (60 FR 56183, November 
7, 1995). In 1998 the most recent revision was made to include the Ohio 
inspection program for church buses (63 FR 8516, February 19, 1998).
    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 periodic inspection programs which 
have been determined to be comparable to, or as effective as, the 
Federal requirements.

Determination: State of Ohio Bus Inspection Program

    The State of Ohio (the State) has implemented mandatory annual 
inspection requirements for all buses as part of its program to improve 
the safety of operation of motor carriers of passengers. Beginning July 
1, 2001, the State prohibits any person from operating buses that are 
originally designed to transport 16 or more passengers, including the 
driver, or that have a gross vehicle weight rating of 4,536 kilograms 
(10,001 pounds) or more, unless the vehicle displays a valid safety 
inspection decal issued by the State Highway Patrol (Sec. 4513.51 of 
the Ohio Revised Code). The state continues to require that a church 
using a bus registered as a ``hurch bus'' (in accordance with 
Sec. 4503.7 of the Ohio Revised Code), and that transports members to 
and from church services or functions, submit an application for the 
registration of the bus 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 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 requirement for the 
safety certificate is applicable to church buses that are originally 
designed to transport 16 or more passengers, including the driver, or 
that have a gross vehicle weight rating of 4,536 kilograms (10,001 
pounds) or more. The bus inspections required by Secs. 4503.7 and 
4513.51 of the Ohio Revised Code are performed by the State Highway 
Patrol at State facilities or the bus owner's garage.
    The FMCSA has determined that both the Ohio church bus inspection 
program in effect as of March 31, 1997, and the inspection program for 
buses (other than church buses) effective July 1, 2001, are comparable 
to, or as effective as, the Federal periodic inspection requirements. 
Therefore, motor carriers of passengers operating buses which are 
subject to the State's programs and which are subject to the FMCSRs 
must use the State's programs to satisfy the Federal requirements under 
49 CFR 396.17.
    In accepting the State's periodic inspection programs, the FMCSA 
also approves the recordkeeping requirements associated with the 
inspection program. The inspection report used to record the church bus 
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 FMCSA as satisfying the 
Federal requirement for proof of inspection on the commercial motor 
vehicle.
    For buses other than church buses inspection decals are issued and 
must be displayed on the commercial motor vehicle.

States with Equivalent Periodic Inspection Programs

    The following is a complete list of States, and one Board, which 
performs the periodic inspection function of a State, with inspection 
programs which the FMCSA has determined are comparable to, or as 
effective as, the Federal 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

[[Page 32865]]

Texas
Utah
Vermont
Virginia
West Virginia
Wisconsin

    In addition to the States listed above, the FMCSA has determined 
the inspection programs of the 10 Canadian Provinces (Alberta, British 
Columbia, Manitoba, New Brunswick, Newfoundland, Nova Scotia, Ontario, 
Prince Edward Island, Quebec and Saskatchewan) and the Yukon Territory 
are comparable to, or as effective as, the Federal periodic inspection 
requirements.
    All other States either have no periodic inspection programs for 
CMVs or their programs have not been determined by the FMCSA to be 
comparable to, or as effective as, the Federal requirements. If 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 FMCSA division office.

    Issued on: June 11, 2001.
Stephen E. Barber
Acting Deputy Administrator.
[FR Doc. 01-15331 Filed 6-15-01; 8:45 am]
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