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OOSC, Part IV, Item 3. U.S. Federal Out-of-Service Orders - Update FMCSR Sections

Entry DateJanuary 13, 2010
Issue Number10-003-PRA
NameAlan Martin
AgencyPublic Utilities Commission of Ohio
Address180 E. Broad StreetColumbus, OH, 43215United StatesMap It (opens in a new tab)
Phone614-466-0785
Email[email protected]
CommitteePolicy and Regulatory Affairs Committee
StatusClosed
Summary of Issue

Make corrections to Part IV, Item 3. U.S. FEDERAL OUT-OF-SERVICE ORDERS of the North American Standard Out-of-Service Criteria (OOSC). First, the violation in the table for 385.13(a)(1) needs to be split into two separate violation listings. Although both are contained in the same title, section and subsection it is confusing to list both hazmat and passenger violations in the same line. By listing them separately, it will be easier to understand and properly cite the violation. The result would be the following: 385.13(a)(1) OOS Order ?Operating Unsat/Unfit Motor Carrier Hazmat; 385.13(a)(1) OOS Order ? Operating Unsat/Unfit Motor Carrier Passenger. Second, the CFR for imminent hazard has changed so that it now includes a separate violation for motor carriers and intermodal equipment providers. Therefore, the OOSC needs to be updated to show both. The result would be the following: 386.72(b)(4) - Violating an OOS order imminent hazard motor carrier; 386.72(b)(4)- Violating an OOS order imminent hazard intermodal equipment provider.

Justification or Need

The first change will make it easier to understand and properly cite violations related to unsat/unfit carriers. The second change will update the OOSC to make it consistent with the code of federal regulations by updating the code cite and adding a violation related to the addition of intermodal equipment providers.

Request for Action

Update and amend Part IV, Item 3. of the OOSC.