Enforcement of Roadability Rules Delayed (In Part)
By Kenneth E. Siegel*
The Federal Motor Carrier Safety Administration (FMCSA) took further action on December 29, 2009 with regard to its “Roadability” rules that make intermodal equipment providers (IEPs) subject to certain Federal Motor Carrier Safety Regulations (FMCSRs). See Logistics Blog item posted January 30, 2009. The agency’s recent year-end action included technical amendments, a response to petitions for reconsideration, and a delay in enforcing parts of the rule.
First, FMCSA has amended the Roadability rules to allow a fifth marking option for intermodal equipment (IME). This amendment will allow use of any marking system (including, but not limited to, the one used by the Intermodal Association of North America or IANA), provided that:
(1) the IEP responsible for the inspection, repair, and maintenance of any item of IME can be definitively identified through an identification system thatutilizes a unique alpha-numeric control number associated with each item of IME to match it to the responsible IEP at any given time;
(2) the system uses at least one of the following: (a) Standard Carrier Alpha Code (SCAC) plus 6 trailing digits; (b) License plate number and State of license; (c) Vehicle Identification Number (VIN);
(3) the system is publicly available, and offers read-only access for inquiries on individual items of IME without requiring advance user registration, a password, or a usage fee. This system must offer real-time internet access via a public web portal, and toll-free telephonic access.
Second, FMCSA has clarified the meaning of the regulatory text and corrected an inadvertent error in the final rule. A revision to section 390.40(c) of the rule clarifies the IEP’s obligation to provide safe equipment without extending the IEP’s obligation beyond that in the underlying statute. FMCSA further clarifies the rule by eliminating unintended inconsistencies between the lists of equipment types covered by the pre- and post-trip inspection requirements.
Finally, FMCSA extends the deadline from December 17, 2009 to June 17, 2010 for compliance by IEPs, motor carriers, and drivers operating IME with the provisions of Sections 396.9, 396.11, and 396.12 of the FMCSRs as they apply to IEPs and the IME those parties are responsible for maintaining.. This extension only applies to providing the record of the inspection, not to the rule’s maintenance or inspection requirements which became effective on December 17, 2009. FMCSA found that compliance with these requirements by the December 17, 2009 effective date was impractical and that the extension of the enforcement date would not jeopardize the safety goals of the rule. Even with a delayed compliance date for these sections, IEPs' operations will continue to be subject to all the inspection, repair, and maintenance requirements essential to ensuring safety and compliance with the final rule.
*The editor is Of Counsel in Strasburger’s Washington, D.C. office and can be contacted at (202) 742-8602 or kenneth.siegel@strasburger.com.
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