August 9, 2022

On February 24, the Federal Motor Carrier Safety Administration Published a Final Rule Incorporation by Reference; North American Standard Out-of-Service Criteria; Hazardous Materials Safety Permits (49 CFR 385)

SUMMARY: FMCSA amends its Hazardous Materials Safety Permit regulations to incorporate by reference the April 1, 2019, edition of the Commercial Vehicle Safety Alliance’s (CVSA) ‘‘North American Standard Out- of-Service Criteria and Level VI Inspection Procedures and Out-of- Service Criteria for Commercial Highway Vehicles Transporting Transuranics and Highway Route Controlled Quantities of Radioactive Materials as defined in 49 CFR part 173.403.’’ The Out-of-Service Criteria provide uniform enforcement tolerances for roadside inspections to enforcement personnel nationwide, including FMCSA’s State partners.

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.

Thirteen updates distinguish the April 1, 2019, handbook edition from the 2018 edition. The updates are all described in detail in the NPRM (85 FR at 52434–36). The incorporation by reference of the 2019 edition does not impose new regulatory requirements. The various changes

DATES: This final rule is effective March 25, 2020. The incorporation by reference of certain publications listed in the regulations is as of March 25, 2020. Petitions for Reconsideration of this final rule must be submitted to the FMCSA Administrator no later than March 25, 2020.