Regulatory Announcements & Related Information
Roadability
The Federal Motor Carrier Safety Administration's (FMCSA) "roadability" rule, published in the December 17, 2008 Federal Register, became effective on June 17, 2009. These regulations make intermodal equipment providers (IEPs) subject to the Federal Motor Carrier Safety Regulations (FMCSRs) for the first time, and establish shared safety responsibility among intermodal equipment providers, motor carriers, and drivers.
The FMCSA has provided extensive information to assist Intermodal Equipment Providers (IEPs) with compliance as follows:
- Click here for general information regarding the rule, training, registration and compliance dates
- Click here for information regarding IEP registration
- Click here for instructions on how to complete the Intermodal Equipment Provider Identification Report (Form MCS-150C), which IEPs must file by December 17, 2009
- Click here to download or fill out Form MCS-150C
- Click here for FMCSA "Traning and Outreach" tools and programs
- Click here to view the FMCSA brochure "Intermodal Equipment Safety: What Providers & Drivers Need to Know"
- Click here to view the FMCSA's training slideshow presentation
- Click here to access the FMCSA final roadability rule "Frequently Asked Questions" section
FMCSA has also set up a Help Line at 1-800-832-5660 for questions regarding registration. For other inquiries, you may wish to contact FMCSA at IEPinfo@dot.gov.
Key compliance dates:
- Intermodal Equipment Providers (IEPs) must comply with the requirements for establishing systematic inspection, repair, and maintenance programs, recordkeeping systems, and for submitting Form MCS-150C by 12/17/2009.
- IEPs must comply with the requirement to mark their intermodal chassis with a USDOT identification number by 12/17/2010.
On January 16, 2009, the Association of American Railroads, the Institute of International Container Lessors, IANA and Ocean Carriers Equipment Manufacturers Association requested that the FMCSA give additional consideration to accepting an industry-proposed alternative to the four equipment marking options found in the final rule. The intermodal industry recommended an identification system that would use existing unique alpha-numeric control numbers currently appearing on chassis that would be matched to the appropriate intermodal equipment provider.
The Global Intermodal Equipment Registry (GIER) virtual solution would provide a central database where all chassis in use throughout the United States are registered. This web-based portal with supporting applications will provide a comprehensive system to record ownership and operating control characteristics of intermodal equipment that can be used by government entities to determine regulatory compliance.
Historical Information
The Department of Transportation (DOT) announced a proposed schedule in December 2006 for its roadability rulemaking that could have resulted in issuance of a final rule on April 24, 2008. The publication date for the rule was delayed several times. The DOT said that additional coordination was necessary and that there had been other, higher priorities and unanticipated issues that required further analysis.
Please click the links below for historical information relating to the proposed rule and subsequent actions:
- Click here to view the DOT Rulemaking schedule, last updated December 8, 2008.
- Click here to read the notice of the final rule as published in the Federal Register on December 17, 2008
- Click here to see the associations' consenus plan submitted to the Federal Motor Carrier Safety Administration
- Click here to read IANA's comments filed March 21, 2007
- Click here to view the Federal Register announcement of the December 2006 Notice of Proposed Rulemaking, "Requirements for Intermodal Equipment Providers and Motor Carriers and Drivers Operating Intermodal Equipment"
- Click here to viewthe proposed rule, FMCSA-2005-23315-1, "Requirements for Intermodal Equipment Providers and for Motor Carriers and Drivers Operating Intermodal Equipment," sub-category "Inspection, Repair and Maintenance"
CARB — FINAL REGULATION TO CONTROL EMISSIONS FROM IN-USE ON-ROAD DIESEL-FUELED HEAVY-DUTY DRAYAGE TRUCKS ISSUED
The California Air Resources Board (CARB) has issued a final regulation order, the purpose of which is to reduce emissions and public exposure to diesel particulate matter (diesel PM), oxides of nitrogen (NOx), and other air contaminants by setting emission standards for in-use, heavy-duty diesel-fueled vehicles that transport cargo to and from California’s ports and intermodal rail facilities.
This regulation applies to owners and operators of on-road diesel-fueled heavy-duty drayage trucks operated at California ports and intermodal rail yard facilities. The regulation also applies to “motor carriers,” “marine or port terminals,” “intermodal rail yards,” and “rail yard and port authorities.”
Drayage trucks subject to the regulation must meet specific phase 1 compliance requirements by December 31, 2009 and phase 2 compliance requirements by December 31, 2013. The order provides complete details for drayage truck compliance, as well as the obligations for motor carriers that contract with the drayage truck operator and facilities where the drayage trucks do business.
CARB — CALIFORNIA AIR RESOURCES BOARD "SMARTWAY" DRAFT REGULATIONS
The California Air Resources Board (CARB) issued a draft regulation the week of June 2 that would establish a greenhouse gas reduction policy for heavy trucks. The rule would require future tractors (2011) that haul 53 ft. trailers to meet EPA “SmartWay” certification.
This latest initiative is part of the state’s goal to reduce GHG emissions to 1990 levels by the year 2020. The “SmartWay” approach is designed to increase fuel efficiency by phasing in requirements for various streamlining techniques for tractors and trailers that would improve the miles per gallon of fuel consumed.
Intermodal chassis and containers and drayage tractors are expected to be exempt from the final regulations. However, 53’ intermodal trailers would fall under the rules.
Regulatory Documents
- FMCSA Final Rule on Hours of Service of Drivers, effective January 19, 2009
- Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA_LU) August 2005
- Transportation Efficiency Act for the 21st Century (TEA-21)
- Full Text of Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991
- Full Text of United States Code, Title 49
- FMCSA Safety Performance History for New Drivers (49 CFR Parts 390 and 391)
- Hazardous Materials: Enhancing Hazardous Materials Transportation Security; Interim Final Rule (DOT/RSPA)
- Intermodal Safe Container Act of 1992
- Intermodal Safe Container Amendment Act of 1996
- Limitations on the Issuance of Commercial Driver's Licenses with a Hazardous Material Endorsement; Interim Final Rule (DOT/FMCSA )
- FMCSA Minimum Training Requirements for Longer Combination Vehicle (LCV) Operators and LCV Driver-Instructor Requirements
- Rules for Securing Intermodal Containers
- Maritime Transportation Security Act of 2002
- PATRIOT Act
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