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Does the intermodal equipment provider (IEP) final rule (73 FR 76794) apply to IEPs in Puerto Rico, the U.S. Virgin Islands, or other Territories?

The FMCSRs do not apply directly in Puerto Rico, the U.S. Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands because those jurisdictions do not fall within the definition of a "State" in 49 U.S.C. 31132(8). However, those jurisdictions are defined as "States" for purposes of the Motor Carrier Safety Assistance Program (MCSAP) (49 U.S.C. 31101(4)).

Therefore, as a condition of accepting MCSAP funds, Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands must adopt regulations "compatible" with 49 CFR 390-397 (see 49 CFR 350.201(a)). "Compatible" means that "State laws and regulations applicable to interstate commerce and to intrastate movement of hazardous materials are identical to the FMCSRs and the HMRs or have the same effect as the FMCSRs."

An intermodal equipment provider in Puerto Rico or the U.S. Virgin Islands must therefore comply with the "compatible" regulations those jurisdictions adopt to remain eligible for MCSAP funds.

Last Updated : April 7, 2014