FMCSA Proposes to Impose Federal Motor Carrier Safety Regulations on Intermodal Equipment Providers, Etc.

Comments must be received by March 21, 2007.

FMCSA states that this proposed rule would establish a program to ensure that intermodal equipment (primarily intermodal container chassis specifically designed to transport cargo containers) interchanged to motor carriers and used to transport intermodal containers is safe and systematically maintained.

Proposed Definitions of "Interchange" and "Intermodal Equipment Provider"

FMCSA proposes in 49 CFR 390.5 to define the terms "interchange" and "intermodal equipment provider", as follows:

"Interchange" would be defined as the act of providing intermodal equipment to a motor carrier pursuant to an intermodal equipment interchange agreement for the purpose of transporting the equipment for loading or unloading by any person or repositioning the equipment for the benefit of the equipment provider, but it would not include the leasing of equipment to a motor carrier for primary use in the motor carrier's freight hauling operations.

"Intermodal equipment provider," or IEP, would be defined as any person that interchanges intermodal equipment with a motor carrier pursuant to a written interchange agreement or has a contractual responsibility for the maintenance of the intermodal equipment.

FMCSA Proposes to Impose SAFETEA-LU Requirements to IEPs, Etc.

Among other things, FMCSA's proposed rule would impose the requirements of the Safe, Accountable, Flexible and Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) to IEPs, including the following (partial list):

Roadability reviews. FMCSA proposes to conduct roadability reviews, which would consist of an on-site examination of an IEP's inspection, repair, and maintenance operation and records to determine its compliance with applicable FMCSRs (i.e., 49 CFR Parts 390, 393, and 396). However, FMCSA states that it would not issue safety ratings to IEPs.

Compliance with general safety regulations, etc. FMCSA proposes to add a new subpart C to 49 CFR Part 390, which would require IEPs to comply with general safety regulations, including filing of an Intermodal Equipment Provider Identification Report (FMCSA Form MCS-150C), and display of the intermodal equipment provider's USDOT number or other unique identification number on intermodal equipment.

Inspection of intermodal equipment components. FMCSA proposes to amend 49 CFR 392.7 to require drivers preparing to transport intermodal equipment to make a visual or audible inspection of specific components of intermodal equipment, and to satisfy the driver that the intermodal equipment was in good working order before operating it over the road.

Safe operation of parts and accessories. FMCSA proposes to amend 49 CFR 393.1 to make IEPs responsible for offering in interstate commerce intermodal equipment that is equipped with all required parts and accessories. The proposed changes would ensure each required component and system is in safe and proper working order.

Establishment of program for inspection, repair, and maintenance. FMCSA proposes to amend 49 CFR Part 396 to require IEPs to establish a systematic inspection, repair, and maintenance program and to maintain records documenting the program.

FMCSA states that IEPs would also be required to comply with FMCSA's periodic and annual inspection regulations.

FMCSA also proposes that IEPs be required to establish a process by which a motor carrier or driver could report the defects or deficiencies on container chassis that they discover or that are reported to them. IEPs would then be required to document whether they have repaired the defect or deficiency, or that repair was unnecessary, before the intermodal equipment was interchanged.

Rules of Practice for safety compliance proceedings. FMCSA proposes to amend 49 CFR part 386 concerning rules of practice for enforcement proceedings before its Assistant Administrator. FMCSA states that IEPs would be subject to the same requirements as motor carriers, property brokers, and freight forwarders with respect to the safety of their equipment tendered and their oversight of inspection, repair, and maintenance of that equipment.

FMCSA Proposes Additional Requirements for Motor Carriers, Etc.

The proposed rule would also impose additional requirements on motor carriers and drivers operating intermodal equipment. FMCSA proposes to add a new 49 CFR 390.44 which would prescribe the responsibilities of drivers and motor carriers, as opposed to IEPs, when operating intermodal equipment.

FMCSA proposes to require the driver to make a pre-trip inspection and not be allowed to operate the equipment on the highway if the equipment is not in good working order.

FMCSA also proposes to require the driver or the motor carrier to report any damage or deficiencies in the equipment at the time the equipment is returned to the provider. This report would have to include, at a minimum, the items to be listed in 49 CFR 396.11(a)(2). (The proposed list includes the king pin; upper coupling device; rails or support frames; tie down bolsters; locking pins, clevises, clamps, or hooks; sliders or sliding frame lock; wheels, rims, lugs, tires; lighting devices, lamps, markers, and conspicuity marking material; air line connections, hoses, and couplers; and brakes.)

FMCSA Corrects Typographical Errors in Proposed Rule

FMCSA has also issued a separate notice which corrects two minor typographical errors in this proposed rule. (FMCSA correction, FR Pub 01/08/07, available at http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/pdf/Z6-21380.pdf)

(See ITT's Online Archives or 08/11/05 news, 05081105, for BP summary of the enactment of SAFETEA-LU, with a link to the conference version.)

-comments must be received by March 21, 2007

FMCSA contact - Deborah Freund (202) 366-4009

FMCSA proposed rule (D/N FMCSA-2005-23315, FR Pub 12/21/06) available at http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/E6-21380.pdf