• IANA Exemption granted: 396.17 Inspection Repair and Maintenance - Qualified and Brake Inspector

    SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) announces its decision to grant Intermodal Association of North America’s (IANA) application for a limited 5-year exemption to allow individuals who complete a training program consistent with a set of Intermodal Recommended Practices (IRPs) and associated requirements that has been developed by IANA to be considered a qualified inspector or qualified brake inspector for intermodal equipment (IME) under the Federal Motor Carrier Safety Regulations (FMCSR), in lieu of having one year of training or experience or a combination thereof prior to becoming a certified inspector/brake inspector. The Agency has determined that granting the exemption to allow individuals who complete a performance-based training program consistent with the IRPs and associated requirements developed by IANA, instead of the time-based training and experience requirements specified in the FMCSRs, would likely achieve a level of safety equivalent to or greater than the level of safety provided by the regulation.
     
    DATES: This exemption is effective August 18, 2020 and ending August 18, 2025.
     
    Terms and Conditions for the Exemption
    The Agency hereby grants the exemption for a 5-year period, beginning August 18, 2020 and ending August 18, 2025. During the temporary exemption period, individuals who successfully complete a training program consistent with (1) a set of 53 IRPs that have been developed by IANA and (2) the Competency Documents, Task Lists, and Question Matrices that have been developed by IANA for each of the 53 IRPs, and that have completed a minimum of 480 hours of training on those materials will be considered to be (1) a qualified inspector for the purpose of conducting periodic (annual) inspections of IME under 49 CFR 396.17, and (2) a qualified brake inspector under 49 CFR 396.25 for the purpose of conducting brake system inspection, maintenance, service, or repair of IME. FMCSA emphasizes that the exemption is limited to individuals performing periodic inspections of, and brake system inspection, maintenance, service, or repair of, IME, and does not eliminate the requirement under §§ 396.19(a)(3)(ii) and 396.25(d)(3)(ii) that individuals have at least 1 year of training or experience or a combination thereof to be qualified to conduct periodic inspections of or brake system inspection, maintenance, service, or repair on commercial vehicles other than IME.
    The exemption will be valid for 5 years unless rescinded earlier by FMCSA. The exemption will be rescinded if: (1) Individuals, motor carriers, or intermodal equipment providers (IEP) fail to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained before it was granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315(b).
    Interested parties possessing information demonstrating that periodic inspections or brake system inspection, maintenance, service, or repair of IME conducted by inspectors that have been determined to be qualified under the terms and conditions of this exemption do not result in the requisite statutory level of safety should immediately notify FMCSA. The Agency will evaluate any such information and, if safety is being compromised or if the continuation of the exemption is not consistent with 49 U.S.C. 31136(e) and 31315(b), will take immediate steps to revoke the exemption.
     
    Preemption
    In accordance with 49 U.S.C. 31313(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 a firm or person operating under the exemption. States may, but are not required to, adopt the same exemption with respect to operations in intrastate commerce.

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  • OTA President & CEO, Jana Jarvis

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