April 23, 2024

On October 2, 2019, the FMCSA Published an NPRM on Incorporation by Reference; North American Standard Out-of-Service Criteria; Hazardous Materials Safety Permits (49 CFR 385)

SUMMARY: FMCSA proposes to amend its Hazardous Materials Safety Permits regulations to incorporate by reference the updated Commercial Vehicle Safety Alliance (CVSA) handbook. The Out-of- Service Criteria provide enforcement personnel nationwide, including FMCSA’s State partners, with uniform enforcement tolerances for roadside inspections. Currently, the regulations reference the April 1, 2018, edition of the handbook. Through this document, FMCSA proposes to incorporate by reference the April 1, 2019, edition.

The 2019 edition identifies (1) driver- related violations of the FMCSRs that are so severe as to warrant placing the CMV driver out of service, (2) vehicle equipment-related violations of the FMCSRs that are so severe as to warrant placing the CMV out of service, and (3) unsafe conditions in the transportation of hazardous materials. The purpose of the publication is to provide inspection criteria for Federal and State motor carrier safety enforcement personnel to promote uniform and consistent inspection procedures of CMVs operated in commerce.

The 2019 CVSA handbook contains 13 changes from the 2018 handbook.  These changes are enumerated and discussed in Section V or the NPRM. 

DATES: Comments must be received on or before November 1, 2019.