Notice2025-00898
Inspection, Repair and Maintenance; Inspector Qualifications; Application for an Exemption From the American Trucking Associations
Primary source
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Published
January 16, 2025
Effective
January 16, 2025
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 90 Issue 10 (Thursday, January 16, 2025)</title>
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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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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; <a href="/cdn-cgi/l/email-protection#eda0aebdbebbad898299c38a829b"><span class="__cf_email__" data-cfemail="0b46485b585d4b6f647f256c647d">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Viewing Comments and Documents
To view comments, go to <a href="http://www.regulations.gov">www.regulations.gov</a>, 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 <a href="http://www.regulations.gov">www.regulations.gov</a>, 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:
<bullet> Preface: This section provides important warnings and
disclaimers to the user.
<bullet> Scope and Purpose: This section defines the purpose and
scope of the RP and identifies the intended audience.
<bullet> Background: This section provides an explanation of the
need for the RP and a brief overview of the content.
<bullet> Recommended Practices: This section provides the step-by-
step guidance and procedures for addressing the issue.
<bullet> 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
<a href="/cdn-cgi/l/email-protection#460b051615100622293268212930"><span class="__cf_email__" data-cfemail="84c9c7d4d7d2c4e0ebf0aae3ebf2">[email protected]</span></a>.
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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</html>Indexed from Federal Register on January 16, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.