[Federal Register Volume 60, Number 1 (Tuesday, January 3, 1995)]
[Notices]
[Pages 168-169]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-32310]
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DEPARTMENT OF TRANSPORTATION
State Laws and Regulations Affecting Interstate Motor Carrier
Operations; Establishment of a Compliance Date
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Notice; establishment of compliance date.
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SUMMARY: The FHWA is announcing the date by which States must adopt and
enforce motor carrier safety regulations that have the same effect as
the Federal Motor Carrier Safety Regulations (FMCSRs) and are
applicable to all commercial motor vehicles (CMVs) used in interstate
commerce with a gross vehicle weight rating (GVWR) or gross combination
weight rating (GCWR) of greater than 10,000 pounds. A State's failure
to comply within three years of January 3, 1995 will subject the State
to the loss of Motor Carrier Safety Assistance Program (MCSAP) funding.
DATES: Each State must adopt and enforce compatible interstate weight
threshold requirements within three years from January 3, 1995.
FOR FURTHER INFORMATION CONTACT: Mr. Brad A. Trullinger, Office of
Motor Carrier Standards, (202) 366-4009, or Mr. David Sett, Office of
the Chief Counsel, (202) 366-0834, Federal Highway Administration,
Department of Transportation, 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 legal Federal holidays.
SUPPLEMENTARY INFORMATION: The Motor Carrier Safety Act of 1984 (The
Act), Pub. L. 98-554, 98 Stat. 2832, (codified as amended at 49 U.S.C.
31111), seeks to promote the safe operation of CMVs in interstate
commerce. The Act was intended to assure consistency of State laws and
regulatory requirements as they pertain to commercial vehicle safety.
The Congress found that there was a need for more uniform CMV safety
measures between the State and [[Page 169]] Federal governments that,
with strengthened enforcement, would reduce the number of fatalities
and injuries related to CMV operations. The Act provided that State
laws and regulations pertaining to CMV safety could continue to be
enforced only if they have the same effect as the Federal regulations.
The Act also created a Commercial Motor Vehicle Safety Regulatory
Review Panel to review all State laws and regulations as they pertain
to motor carrier safety affecting interstate operations. The focus of
the Safety Panel was to determine which State laws and regulations
either have the same effect, are more stringent than, or are less
stringent than the requirements of the FMCSRs. The Safety Panel
initially inventoried over 70,000 State motor carrier safety laws and
regulations affecting interstate carriers.
In August of 1990, the Safety Panel submitted a final report of its
findings and recommendations to the Secretary of Transportation. (DOT/
FHWA, Achieving Compatibility of State and Federal Safety Requirements:
A Report to the Secretary of Transportation, August 1990.) The Safety
Panel identified many State laws and regulations that were determined
to be less stringent than the Federal requirements. The Safety Panel
specifically recommended using an approach whereby the FHWA could
preempt less stringent State laws or regulations, deny funding under
the Motor Carrier Safety Assistance Program, or both. This approach was
subsequently adopted by the FHWA, and codified in 49 CFR parts 350 and
355. In fact, appendix A in part 355 specifically uses the 10,001 pound
or more weight threshold as an example of a guideline for regulatory
review. However, the Safety Panel ``gave States latitude on the
compatibility of their weight threshold requirements'' pending the
outcome of an FHWA rulemaking action on this issue, initiated by an
advance notice of proposed rulemaking (ANPRM) published on February 17,
1989, at 54 FR 7224. (Safety Panel Report, at p. 11)
The FHWA requested comments in the ANPRM on possible changes to the
GVWR criterion, including whether the 10,001 pound weight threshold
should be raised to as high as 26,001 pounds. Because the information
obtained from that effort did not support a change in the weight
threshold, the FHWA is closing docket MC-89-5, and is providing notice
of the withdrawal of the weight threshold proposal for CMVs, elsewhere
in today's Federal Register. Consequently, States will be granted a
three-year period, from January 3, 1995, to adopt and enforce motor
carrier safety laws and regulations having the same effect as the
FMCSRs, at the 10,001 pound weight threshold, or be subject to the loss
of MCSAP funding. It should be emphasized that this notice is expressly
limited to the weight threshold issue concerning the definition of a
CMV used in interstate commerce. States are expected to maintain
regulatory requirements that are consistent with the FMCSRs. Generally,
a State has up to three years from the effective date of the new
Federal requirement to adopt and enforce that requirement. The FHWA
views this action as falling within that category. Future FHWA
rulemaking actions will specify appropriate deadlines for the States to
promulgate and adopt their appropriate regulatory changes. See 49 CFR
350.11(f) and part 355, appendix A.
Authority: 49 U.S.C. app. 2301 through 2304, 2505 through 2507;
49 U.S.C. 504 and 3102; 23 U.S.C. 315, 49 CFR 1.48.
Issued on: December 22, 1994.
Rodney E. Slater,
Federal Highway Administrator.
[FR Doc. 94-32310 Filed 12-30-94; 8:45 am]
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