Federal Register / Vol. 87, No. 90 / Tuesday, May 10, 2022 / Proposed Rules 27981 

used in its entirety, including the 

prompt publishing of the material for 

which permission was requested. 

Applicants must use the special case 

number assigned by the Commission 

with the symbol ‘‘S.’’ 

By the Commission. 

William Cody, 

Secretary. 

[FR Doc. 2022–09592 Filed 5–9–22; 8:45 am] 

BILLING CODE 6730–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Part 350 

[Docket No. FMCSA–2022–0079] 

State Inspection Programs for 

Passenger-Carrier Vehicles 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Request for comment on 

withdrawn advance notice of proposed 

rulemaking. 

SUMMARY: On November 15, 2021, the 

Infrastructure Investment and Jobs Act 

(IIJA) was enacted, directing FMCSA to 

solicit additional comment on the 

Agency’s April 27, 2016 advance notice 

of proposed rulemaking (ANPRM) 

concerning the potential establishment 

of requirements for States to implement 

annual inspection programs for 

commercial motor vehicles (CMVs) 

designed or used to transport passengers 

(passenger-carrying CMVs). 

DATES: Comments must be received on 

or before June 9, 2022. 

ADDRESSES: You may submit comments 

identified by Docket Number FMCSA– 

2022–0079 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

https://www.regulations.gov/docket/ 

FMCSA-2022-0079/document. Follow 

the online instructions for submitting 

comments. 

• Mail: Dockets Operations, U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE, West Building, 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery or Courier: Dockets 

Operations, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE, West Building, Ground 

Floor, Room W12–140, Washington, DC 

20590–0001, between 9 a.m. and 5 p.m., 

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. 

• Fax: (202) 493–2251. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

instructions on submitting comments. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Loretta Bitner, Chief, Passenger Carrier 

Safety Division, Office of Safety, 

FMCSA, 1200 New Jersey Avenue SE, 

Washington, DC 20590–0001, (202) 385– 

2428, Loretta.Bitner@dot.gov. If you 

have questions on viewing or submitting 

material to the docket, call Dockets 

Operations at (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation and Request for 

Comments 

A. Submitting Comments 

If you submit a comment, please 

include the docket number for this 

request for comment (FMCSA–2022– 

0079), indicate the specific section of 

this document to which your comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online or by fax, mail, or hand 

delivery, but please use only one of 

these means. FMCSA recommends that 

you include your name and a mailing 

address, an email address, or a phone 

number in the body of your document 

so FMCSA recommends that you 

include your name and a mailing 

address, an email address, or a phone 

number in the body of your document 

so FMCSA can contact you if there are 

questions regarding your submission. 

To submit your comment online, go to 

https://www.regulations.gov/docket/ 

FMCSA-2022-0079/document, click on 

this request for comment, click 

‘‘Comment,’’ and type your comment 

into the text box on the following 

screen. 

If you submit your comments by mail 

or hand delivery, submit them in an 

unbound format, no larger than 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. If you submit 

comments by mail and would like to 

know that they reached the facility, 

please enclose a stamped, self-addressed 

postcard or envelope. 

FMCSA will consider all comments 

and material received during the 

comment period. 

Confidential Business Information (CBI) 

CBI is commercial or financial 

information that is both customarily and 

actually treated as private by its owner. 

Under the Freedom of Information Act 

(5 U.S.C. 552), CBI is exempt from 

public disclosure. If your comments 

contain commercial or financial 

information that is customarily treated 

as private, that you actually treat as 

private, and that is relevant or 

responsive to the request for comment, 

it is important that you clearly designate 

the submitted comments as CBI. Please 

mark each page of your submission that 

constitutes CBI as ‘‘PROPIN’’ to indicate 

it contains proprietary information. 

FMCSA will treat such marked 

submissions as confidential under the 

Freedom of Information Act, and they 

will not be placed in the public docket. 

Submissions containing CBI should be 

sent to Mr. Brian Dahlin, Chief, 

Regulatory Analysis Division, Office of 

Policy, FMCSA, 1200 New Jersey 

Avenue SE, Washington, DC 20590– 

0001. Any comments FMCSA receives 

not specifically designated as CBI will 

be placed in the public docket. 

B. Viewing Comments and Documents 

To view any documents mentioned as 

being available in the docket, go to 

https://www.regulations.gov/docket/ 

FMCSA-2022-0079/document and 

choose the document to review. To view 

comments, click this request for 

comment, then click ‘‘Browse 

Comments.’’ If you do not have access 

to the internet, you may view the docket 

online by visiting Dockets Operations in 

Room W12–140 on the ground floor of 

the DOT West Building, 1200 New 

Jersey Avenue SE, Washington, DC 

20590–0001, between 9 a.m. and 5 p.m., 

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. 

C. Privacy 

DOT solicits comments from the 

public to better inform its regulatory 

process, in accordance with 5 U.S.C. 

553(c). DOT posts these comments, 

without edit, including any personal 

information the commenter provides, to 

www.regulations.gov, as described in 

the system of records notice (DOT/ALL 

14—Federal Docket Management 

System), which can be reviewed at 

www.transportation.gov/privacy. 

II. Background 

On April 27, 2016, in accordance with 

section 32710 of the Moving Ahead for 

Progress in the 21st Century Act (Pub. 

L. 112–141, 126 Stat. 405, 815), FMCSA 

published in the Federal Register, an 

ANPRM titled ‘‘State Inspection 

Programs for Passenger-Carrier 

Vehicles’’ (Docket No. FMCSA–2014– 

0470, 81 FR 24769). The ANPRM 


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27982 Federal Register / Vol. 87, No. 90 / Tuesday, May 10, 2022 / Proposed Rules 

1The ANPRM and the ANPRM withdrawal are 

available in the docket for this request for 

comments. 

2The questions reprinted here are identical to 

those in the ANPRM with the exception of two 

locations where the term ‘‘bus’’ is replaced with the 

more accurate term ‘‘passenger-carrying CMV’’ and 

removal of question 40, which the Agency now 

deems irrelevant. 

announced that FMCSA was 

considering a requirement that States 

establish a program for annual 

inspections of passenger-carrying CMVs. 

FMCSA requested information from all 

interested parties that would enable the 

Agency to assess the risks associated 

with improperly maintained or 

improperly inspected passengercarrying 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. 

The comment period closed on June 

27, 2016, and 22 comments were 

received, with a plurality (10 of 22) of 

commenters expressing general 

opposition to the mandatory State 

inspection requirement discussed in the 

ANPRM. After reviewing all the public 

comments, FMCSA determined there 

was not enough data and information 

available to support moving forward 

with a rulemaking action. As a result, on 

May 1, 2017, the Agency withdrew the 

ANPRM.1 (82 FR 20311) 

On November 15, 2021, the IIJA was 

enacted, Public Law 117–58, 135 Stat. 

429 (H.R. 3684, Nov. 15, 2021). Section 

23008(a) directed the Agency, within 1 

year after the date of enactment, to 

solicit additional comments on the 

ANPRM to determine if data and 

information exist to support moving 

forward with a rulemaking. 

III. Request for Public Comment 

As discussed above, FMCSA will use 

information gathered through this 

request for comment to further consider 

the issues associated with State 

inspections of passenger-carrying CMVs. 

Questions from the 2016 ANPRM are 

reprinted here to guide commenters in 

their responses.2 The Agency 

encourages interested parties to provide 

information about the impact that such 

a rulemaking would have on State 

agencies that would be compelled to 

establish inspection programs, motor 

carriers’ safety performance, operating 

costs, business practices, and any other 

aspects of transportation services 

provided by interstate passenger 

carriers. 

FMCSA requests data on and 

responses to the following issues and 

questions. The Agency also encourages 

commenters to describe any applicable 

regulatory inspection process under 

which they operate. 

Existing State Mandatory Vehicle 

Inspection Programs for PassengerCarrying CMVs 

1. Does your State or the States in 

which you register your passengercarrying CMV conduct mandatory 

inspections of such vehicles? Please 

indicate the State(s) in which your 

passenger-carrying CMVs are registered. 

2. What vehicle types are included in 

the mandatory passenger-carrying CMV 

inspection program (e.g., motorcoaches, 

school buses, mini-buses, 9- to 15- 

passenger vans, etc.) and which are not 

included? 

3. If your State has a mandatory 

program, briefly describe your 

inspection procedures and indicate 

which vehicle components are 

inspected. 

4. How many total inspections are 

performed by your State annually for 

each of the following types of vehicles? 

a. Motorcoaches 

b. School buses 

c. Mini-buses 

d. 9- to 15-passenger vans 

e. Other 

5. What is the estimated time required 

to complete each vehicle inspection? 

6. What procedures are used to record 

the vehicle inspection? 

7. If a vehicle does not pass an 

inspection, who addresses the issues? If 

it is done by someone other than the 

inspecting entity, is there a second 

inspection after the issues are 

addressed? On average, how many 

follow up inspections does it take to 

pass a vehicle? 

8. Are mandatory vehicle inspections 

performed by State employees, by thirdparty inspectors authorized by the State, 

or by passenger carrier employees 

through a State-authorized selfinspection program? 

9. If vehicle inspections are 

conducted by a State-authorized third 

party or by passenger-carrier employees 

authorized by the State, are there 

differences in safety outcomes between 

those conducted by State employees and 

those conducted by third-party 

inspectors or through a passenger 

carrier’s State-authorized self-inspection 

facilities? 

10. Are there any specific benefits or 

concerns related to using third-party 

inspectors or by others? 

11. If inspections are conducted by 

third-party inspectors or by passenger 

carrier-employed mechanics or 

technicians, what oversight is or should 

be required? 

12. Should self-inspection or thirdparty inspections be options for 

compliance with a mandatory State 

inspection? 

13. How does/would the cost of 

inspections differ between those 

conducted by State employees or by 

third-party inspectors? 

14. What might be other preferable 

options? 

Measuring Effectiveness of Inspection 

Programs 

15. Does your State have information 

on violations discovered during 

inspections that are attributable to 

maintenance issues that should have 

been found during a required vehicle 

inspection? 

16. Has your State considered 

implementing a mandatory passengercarrying CMV inspection program, but 

declined to do so? If so, what are your 

State’s reasons for not implementing a 

program? 

17. If your State imposes mandatory 

inspection of passenger-carrying CMVs, 

how is the effectiveness of that program 

measured? 

18. What are the most common 

vehicle defects discovered during these 

mandatory vehicle inspections? What 

safety conclusions do you draw from the 

results of these inspections? 

19. Has your State or organization 

collected data related to crashes, 

injuries, or fatalities attributable to 

improperly maintained or inspected 

passenger-carrying CMVs? If so, please 

provide summary information or links 

to detailed data associated with these 

areas. 

20. Has the occurrence of passengercarrying CMV-involved crashes, 

injuries, or fatalities before and after the 

implementation of a mandatory 

inspection requirement been evaluated? 

If so, please provide summary 

information or links to detailed data 

associated with these areas. 

21. After a State inspection 

requirement was instituted, what 

changes were observed over time in the 

number of safety violations discovered 

during inspections, if any. 

22. Do programs that inspect only a 

sample of vehicles have significantly 

different outcomes than those where all 

vehicles are inspected, please provide 

examples of how they differ? 

Inspection Facilities and Locations 

23. Where does your State conduct 

mandatory passenger-carrying CMV 


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Federal Register / Vol. 87, No. 90 / Tuesday, May 10, 2022 / Proposed Rules 27983 

inspections (e.g., State owned/leased 

facility, third party facility, carrier’s 

place of business, or other type of 

facility)? 

24. Where should mandatory 

passenger-carrying CMV inspections be 

performed? 

25. If mandatory passenger-carrying 

CMV inspections are conducted at the 

carrier’s place of business, what 

accommodations must be made to 

ensure appropriate access (e.g., pits, 

lifts, etc.) to conduct full inspections of 

motorcoaches and other large passenger 

vehicles? 

26. How does facility location or 

accessibility for mandatory inspections 

impact inspections or compliance? 

27. What delays may the State 

experience in completing mandatory 

inspections (e.g. lack of sufficient 

number of inspection facilities)? 

Costs 

28. What is the cost per mandatory 

vehicle inspection to the carrier? 

29. Do inspection fees differ based on 

the type of vehicle being inspected? 

30. Do vehicle inspection fees differ 

based on location of the inspections? 

31. How much does it cost the State 

to establish and run inspection 

programs on an annual basis? 

32. If a vehicle does not pass an 

inspection, is there an additional cost 

for the second inspection? 

33. If fees are collected by the State, 

does the State dedicate the revenue to 

the administration of the program? 

Uniformity of Mandatory Vehicle 

Inspection Programs 

34. What qualifications should be 

applicable to individuals authorized to 

perform mandatory passenger-carrying 

CMV inspections? 

35. Should minimum training 

elements be required for passengercarrying CMV inspections? If so, how 

much training should be required and 

who should administer the training? 

36. What should be the minimum 

vehicle components inspected under a 

mandatory passenger-carrying vehicle 

CMV inspection program? 

37. How does the existence of 

different vehicle inspection 

requirements among the States affect 

carrier business practices? 

38. How might business practices 

change under a uniform mandatory 

passenger-carrying vehicle CMV 

inspection program? 

Current Federal Standards 

39. How effective are existing Federal 

standards for the inspection of 

passenger-carrying CMVs in (1) 

mitigating the risks associated with 

improperly maintained vehicles and (2) 

ensuring the safe and proper operating 

condition of the vehicles? 

Federal Authority 

41. How should FMCSA incentivize 

the States to establish mandatory 

passenger-carrying CMV inspection 

programs? 

Robin Hutcheson, 

Deputy Administrator. 

[FR Doc. 2022–09657 Filed 5–9–22; 8:45 am] 

BILLING CODE 4910–EX–P 


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