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                                            Federal Register/Vol. 86, No. 126/Tuesday, July 6, 2021/Proposed Rules                                                                   35443 
                Standard for the Presentation of                              • Mail: Dockets Operations, U.S.                         0063), indicate the specific section of 
                Nucleotide and Amino Acid Sequence                         Department of Transportation, 1200                          this document to which your comment 
                Listings Using XML (eXtensible Markup  New Jersey Avenue SE, West Building,                                            applies, and provide a reason for each 
                Language) (2020), including Annexes I–                     Ground Floor, Room W12–140,                                 suggestion or recommendation. You 
                VII (www.wipo.int/export/sites/www/                        Washington, DC 20590–0001.                                  may submit your comments and 
                standards/en/pdf/03-26-01.pdf); IBR                           • Hand Delivery or Courier: West                         material online or by fax, mail, or hand 
                approved for §§1.831 through 1.834.                        Building, Ground Floor, Room W12–                           delivery, but please use only one of 
                   (2) [Reserved]                                          140, 1200 New Jersey Avenue SE,                             these means. FMCSA recommends that 
                Andrew Hirshfeld,                                          Washington, DC, between 9 a.m. and 5                        you include your name and a mailing 
                Commissioner for Patents, Performing the                   p.m., Monday through Friday, except                         address, an email address, or a phone 
                Functions and Duties of the Under Secretary                Federal holidays. To be sure someone is                     number in the body of your document 
                of Commerce for Intellectual Property and                  there to help you, please call (202) 366–                   so that FMCSA can contact you if there 
                Director of the United States Patent and                   9317 or (202) 366–9826 before visiting                      are questions regarding your 
                Trademark Office.                                          Dockets Operations.                                         submission. 
                [FR Doc. 2021–14325 Filed 7–2–21; 8:45 am]                    • Fax: (202) 493–2251.                                      To submit your comment online, go to 
                BILLING CODE 3510–16–P                                        To avoid duplication, please use only                    https://www.regulations.gov/docket/ 
                                                                           one of these four methods. See the                          FMCSA-2021-0063/document, click on 
                                                                           ‘‘Public Participation and Request for                      this NPRM, click ‘‘Comment,’’ and type 
                DEPARTMENT OF TRANSPORTATION  Comments’’ portion of the                                                                your comment into the text box on the 
                                                                           SUPPLEMENTARYINFORMATION section for                        following screen. 
                Federal Motor Carrier Safety                               instructions on submitting comments.                           If you submit your comments by mail 
                Administration                                             FORFURTHERINFORMATIONCONTACT: Mr.                           or hand delivery, submit them in an 
                                                                                                                                                                                     1
                                                                                ´                                                      unbound format, no larger than 8 ⁄2 by 
                                                                           Jose Cestero, Vehicle and Roadside                          11 inches, suitable for copying and 
                49 CFR Part 385                                            Operations Division, Federal Motor                          electronic filing. If you submit 
                [Docket No. FMCSA–2021–0063]                               Carrier Safety Administration, 1200                         comments by mail and would like to 
                                                                           New Jersey Avenue SE, Washington, DC  know that they reached the facility, 
                RIN 2126–AC40                                              20590–0001, (202) 366–5541,                                 please enclose a stamped, self-addressed 
                Incorporation by Reference; North                          jose.cestero@dot.gov. If you have                           postcard or envelope. 
                American Standard Out-of-Service                           questions on viewing or submitting                             FMCSA will consider all comments 
                Criteria; Hazardous Materials Safety                       material to the docket, contact Dockets                     and material received during the 
                Permits                                                    Operations, (202) 366–9826.                                 comment period. 
                                                                           SUPPLEMENTARYINFORMATION: This                              Confidential Business Information 
                AGENCY: Federal Motor Carrier Safety                       notice of proposed rulemaking (NPRM) 
                Administration (FMCSA), Department                         is organized as follows:                                       Confidential Business Information 
                of Transportation (DOT).                                   I. Public Participation and Request for                     (CBI) is commercial or financial 
                ACTION: Notice of proposed rulemaking.                           Comments                                              information that is both customarily and 
                SUMMARY: FMCSA proposes                                       A. Submitting Comments                                   actually treated as private by its owner. 
                amendments to its Hazardous Materials                         B. Viewing Comments and Documents                        Under the Freedom of Information Act 
                                                                              C. Privacy Act                                           (FOIA) (5 U.S.C. 552), CBI is exempt 
                Safety Permits regulations to                                 D. Advance Notice of Proposed                            from public disclosure. If your 
                incorporate by reference the updated                             Rulemaking Not Required                               comments responsive to this NPRM 
                Commercial Vehicle Safety Alliance                         II. Executive Summary                                       contain commercial or financial 
                (CVSA) handbook containing inspection  III. Legal Basis for the Rulemaking                                             information that is customarily treated 
                procedures and Out-of-Service Criteria                     IV. Background                                              as private, that you actually treat as 
                (OOSC) for inspections of shipments of                     V. Discussion of Proposed Rulemaking                        private, and that is relevant or 
                transuranic waste and highway route                        VI. International Impacts 
                controlled quantities of radioactive                       VII. Section-by-Section Analysis                            responsive to this NPRM, it is important 
                material. The OOSC provide                                 VIII. Regulatory Analyses                                   that you clearly designate the submitted 
                                                                              A. E.O. 12866 (Regulatory Planning and                   comments as CBI. Please mark each 
                enforcement personnel nationwide,                                Review), E.O. 13563 (Improving                        page of your submission that constitutes 
                including FMCSA’s State partners, with                           Regulation and Regulatory Review), and                CBI as ‘‘PROPIN’’ to indicate it contains 
                uniform enforcement tolerances for                               DOT Regulations                                       proprietary information. FMCSA will 
                inspections. Currently, the regulations                       B. Congressional Review Act                              treat such marked submissions as 
                reference the April 1, 2019, edition of                       C. Regulatory Flexibility Act (Small                     confidential under the FOIA, and they 
                the handbook. Through this document,                             Entities)                                             will not be placed in the public docket 
                FMCSA proposes to incorporate by                              D. Assistance for Small Entities 
                reference the April 1, 2021 edition.                          E. Unfunded Mandates Reform Act of 1995                  of this NPRM. Submissions containing 
                                                                              F. Paperwork Reduction Act                               CBI should be sent to Mr. Brian Dahlin, 
                DATES: Comments on this document                              G. E.O. 13132 (Federalism)                               Chief, Regulatory Analysis Division, 
                must be received on or before August 5,                       H. Privacy                                               Federal Motor Carrier Safety 
                2021.                                                         I. E.O. 13175 (Indian Tribal Governments)                Administration, 1200 New Jersey 
                ADDRESSES: You may submit comments                            J. National Environmental Policy Act of                  Avenue SE, Washington DC 20590– 
                identified by Docket Number FMCSA                                1969                                                  0001. Any comments FMCSA receives 
                2021–0063 using any of the following                       I. Public Participation and Request for                     which are not specifically designated as 
                methods:                                                   Comments                                                    CBI will be placed in the public docket 
                   • Federal eRulemaking Portal:                           A. Submitting Comments                                      for this rulemaking. 
                https://www.regulations.gov/docket/                                                                                    B. Viewing Comments and Documents 
                FMCSA-2021-0063/document. Follow                              If you submit a comment, please 
                the online instructions for submitting                     include the docket number for this                             To view documents mentioned in this 
                comments.                                                  NPRM (Docket No. FMCSA–2021–                                preamble as being available in the 
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                35444                       Federal Register/Vol. 86, No. 126/Tuesday, July 6, 2021/Proposed Rules 
                docket, go to https://                                     The material is available, and will                         radioactive material. CVSA developed 
                www.regulations.gov/docket/FMCSA-                          continue to be available, for inspection                    the North American Standard Level VI 
                2021-0063/document and choose the                          at the FMCSA, Office of Enforcement                         Inspection Program for Transuranic 
                document to review. To view                                and Compliance, 1200 New Jersey                             Waste and Highway Route Controlled 
                comments, click this NPRM, and click                       Avenue SE, Washington, DC 20590                             Quantities of Radioactive Material. This 
                ‘‘Browse Comments.’’ If you do not have  (Attention: Chief, Compliance Division)                                       inspection program for select 
                access to the internet, you may view the                   at (202) 366–1812. The document may                         radiological shipments includes 
                docket online by visiting Dockets                          be purchased from the Commercial                            inspection procedures, enhancements to 
                Operations in Room W12–140 on the                          Vehicle Safety Alliance, 6303 Ivy Lane,                     the North American Standard Level I 
                ground floor of the DOT West Building,                     Suite 310, Greenbelt, MD 20770,                             Inspection, radiological surveys, CVSA 
                1200 New Jersey Avenue SE,                                 telephone (301) 830–6143,                                   Level VI decal requirements, and the 
                Washington, DC 20590, between 9 a.m.                       www.cvsa.org.                                               ‘‘North American Standard Out-of- 
                and 5 p.m., Monday through Friday,                            In this NPRM, FMCSA proposes to                          Service Criteria and Level VI Inspection 
                except Federal holidays. To be sure                        incorporate by reference the April 1,                       Procedures and Out-of-Service Criteria 
                someone is there to help you, please call  2021, edition of the handbook. FMCSA                                        for Commercial Highway Vehicles 
                (202) 366–9317 or (202) 366–9826                           did not update §385.4(b) to incorporate 
                before visiting Dockets Operations.                        by reference the April 1, 2020, edition                     Transporting Transuranics and Highway 
                C. Privacy Act                                             of the handbook. This NPRM will                             Route Controlled Quantities of 
                                                                           discuss all updates to the currently                        Radioactive Materials as defined in 49 
                   In accordance with 5 U.S.C. 553(c),                     incorporated 2019 edition of the                            CFR part 173.403.’’ As of January 1, 
                DOT solicits comments from the public                      handbook, including the updates made                        2005, all vehicles and carriers 
                to better inform its rulemaking process.                   in the April 1, 2020, edition of the                        transporting highway route controlled 
                DOT posts these comments, without                          handbook.                                                   quantities of radioactive material are 
                edit, including any personal information                      Twenty-one updates distinguish the                       regulated by the U.S. Department of 
                the commenter provides, to                                 April 1, 2021, handbook edition from                        Transportation. All highway route 
                www.regulations.gov, as described in                       the 2019 edition. The incorporation by                      controlled quantities of radioactive 
                the system of records notice (DOT/ALL–  reference of the 2021 edition does not                                         material must pass the North American 
                14 FDMS), which can be reviewed at                         impose new regulatory requirements.                         Standard Level VI Inspection prior to 
                www.dot.gov/privacy.                                       III. Legal Basis for the Rulemaking                         the shipment being allowed to travel in 
                D. Advance Notice of Proposed                                 Congress has enacted several statutory  the United States. All highway route 
                Rulemaking Not Required                                    provisions to ensure the safe                               controlled quantities of radioactive 
                   Under 49 U.S.C. 31136(g), FMCSA is                      transportation of hazardous materials in                    material shipments entering the United 
                required to publish an advance notice of  interstate commerce. Specifically, in                                        States must also pass the North 
                proposed rulemaking (ANPRM) or                             provisions codified at 49 U.S.C. 5105(d),  American Standard Level VI Inspection 
                proceed with a negotiated rulemaking, if  relating to inspections of motor vehicles                                    either at the shipment’s point of origin 
                a proposed rule is likely to lead to the                   carrying certain hazardous material, and  or when the shipment enters the United 
                promulgation of a major rule. As this                      49 U.S.C. 5109, relating to motor carrier                   States. 
                proposed rule is not likely to result in                   safety permits, the Secretary of                               Section 385.415 of title 49, Code of 
                the promulgation of a major rule, the                      Transportation is required to                               Federal Regulations, prescribes 
                Agency is not required to issue an                         promulgate regulations as part of a                         operational requirements for motor 
                ANPRM or to proceed with a negotiated                      comprehensive safety program on                             carriers transporting hazardous 
                rulemaking.                                                hazardous materials safety permits. The                     materials for which a hazardous 
                II. Executive Summary                                      FMCSA Administrator has been                                materials safety permit is required. 
                   This NPRM proposes to update an                         delegated authority under 49 CFR                            Section 385.415(b) requires that motor 
                incorporation by reference found at 49                     1.87(d)(2) to carry out the rulemaking                      carriers ensure a pre-trip inspection is 
                CFR 385.4(b)(1) and referenced at                          functions vested in the Secretary of                        performed on each motor vehicle to be 
                §385.415(b). The provision at                              Transportation. Consistent with that                        used to transport a highway route 
                §385.4(b)(1) currently references the                      authority, FMCSA has promulgated                            controlled quantity of a Class 7 
                April 1, 2019, edition of CVSA’s                           regulations under 49 CFR part 385,                          (radioactive) material, in accordance 
                handbook titled ‘‘North American                           subpart E to address the congressional 
                                                                           mandate on hazardous materials safety                       with the requirements of CVSA’s 
                Standard Out-of-Service Criteria and                       permits. Those regulations are the                          handbook titled ‘‘North American 
                Level VI Inspection Procedures and Out-  underlying provisions to which the                                            Standard Out-of-Service Criteria and 
                of-Service Criteria for Commercial                         material incorporated by reference                          Level VI Inspection Procedures and Out- 
                Highway Vehicles Transporting                              discussed in this document is                               of-Service Criteria for Commercial 
                Transuranics and Highway Route                             applicable.                                                 Highway Vehicles Transporting 
                Controlled Quantities of Radioactive                       IV. Background                                              Transuranics and Highway Route 
                Materials as defined in 49 CFR part                                                                                    Controlled Quantities of Radioactive 
                173.403.’’ The CVSA handbook contains                         In 1986, the U.S. Department of                          Materials as defined in 49 CFR part 
                inspection procedures and Out-of-                          Energy and CVSA entered into a                              173.403.’’ 
                Service Criteria (OOSC) for inspections                    cooperative agreement to develop a                             According to 2015–2019 data from 
                of shipments of transuranic waste and                      higher level of inspection procedures,                      FMCSA’s Motor Carrier Management 
                highway route controlled quantities of                     out-of-service (OOS) conditions and/or                      Information System (MCMIS), 
                radioactive material. The OOSC, while                      criteria, an inspection decal, and a 
                not regulations, provide enforcement                       training and certification program for                      approximately 3.34 million Level I– 
                personnel nationwide, including                            inspectors to conduct inspections on                        Level VI inspections were performed 
                FMCSA’s State partners, with uniform                       shipments of transuranic waste and                          annually. Nearly 97 percent of these 
                enforcement tolerances for inspections.                    highway route controlled quantities of 
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                                          Federal Register/Vol. 86, No. 126/Tuesday, July 6, 2021/Proposed Rules                                                            35445 
               were Level I,1 Level II,2 and Level III3                 identified inspection criteria referenced               result of failing an alcohol or drug test. 
               inspections. During the same period, an                  in the rules.                                           FMCSA records indicate that no driver- 
               average of 611 Level VI inspections                      April 1, 2020, Changes                                  related OOS violations have been issued 
               were performed annually, comprising                                                                              as a result of a Level VI inspection in 
               only 0.02 percent of all inspections. On                   Seventeen changes in the 2020 edition  the past 3 years. The changes are 
               average, OOS violations were cited in                    of the CVSA handbook distinguish it                     intended to ensure clarity in the 
               only 7.8 Level VI inspections annually                   from the April 1, 2019 edition:                         presentation of the OOS conditions and 
               (2 percent), whereas on average, OOS                       (1) The title of Part I, Item 2.a. was                are not expected to affect the number of 
               violations were cited in 266,025 Level I                 amended to clarify that ‘‘. . . vehicles                OOS violations cited during Level VI 
               inspections (25 percent), 275,840 Level                  that, regardless of GVWR, do not require  inspections. 
               II inspections (23 percent), and 61,201                  a commercial driver’s license (CDL)                        (4) Footnote 14 to Part I, Item 9., was 
               Level III inspections (6 percent)                        (e.g., exempt farm vehicles or fire                     amended to remove the reference to 
               annually. As these statistics                            apparatuses, etc.)’’ (2020 CVSA                         automatic on-board recording devices 
               demonstrate, OOS violations are cited in  handbook, page 11) are included in this                                (AOBRDs), and a note was added to 
               a far lower percentage of Level VI                       section of the OOSC. Currently, this                    Footnotes 11–14 of the same section. 
               inspections than Level I, II, and III                    section applies only to vehicles with a                 The reference to AOBRDs in Footnote 
               inspections, due largely to the enhanced  gross vehicle weight rating (GVWR) of                                  14 was removed because the grandfather 
               oversight and inspection of these                        26,000 lbs. or less, not designed to                    clause permitting use of AOBRDs 
               vehicles because of the sensitive nature                 transport 16 or more passengers or                      expired on December 16, 2019, and 
               of the cargo being transported.                          placarded loads of hazardous materials.                 therefore the reference to AOBRDs in 
                  The changes to the 2021 and 2020                      Under the current wording, a driver                     Footnote 14 is no longer relevant. Since 
               editions of the CVSA handbook are                        cannot be placed OOS for not having the  December 2017, the information in the 
               intended to ensure clarity in the                        proper class of driver’s license, for                   ‘NOTE’ outlines the policy that CVSA 
               presentation of the OOS conditions and                   having a suspended/revoked license, or                  has used for placing drivers out of 
               are generally editorial or ministerial. As               for being unlicensed when operating a                   service for electronic logging device 
               discussed below, FMCSA does not                          vehicle over 26,000 pounds GVWR and                     (ELD) violations. Similar information is 
               expect the changes made in the 2021                      exempt from the requirements to have a                  listed in FMCSA’s Frequently Asked 
               edition of the CVSA handbook to affect                   CDL. However, and because the                           Questions document on ELDs. The 
               the number of OOS violations cited                       FMCSRs include a number of regulatory  CVSA Driver-Traffic Enforcement 
               during Level VI inspections.                             exceptions to the CDL requirements,                     Committee voted to add this 
               V. Discussion of Proposed Rulemaking                     there are numerous other vehicle types                  information as a note relative to 
                                                                        over 26,000 pounds GVWR that may                        Footnotes 11–14. The changes are 
                  Section 385.4(b)(1), as amended on                    have non-CDL drivers (e.g., covered                     intended to ensure clarity in the 
               February 24, 2020 (85 FR 10307),                         farm vehicles, intrastate farm vehicles,                presentation of the OOS conditions and 
               references the April 1, 2019, edition of                 emergency vehicles, etc.). This                         are not expected to affect the number of 
               the CVSA handbook. This NPRM                             clarification will not have any effect on               OOS violations cited during Level VI 
               proposes to amend §385.4(b)(1) by                        the number of OOS violations cited                      inspections. 
               replacing the reference to the April 1,                  during Level VI inspections, as all                        (5) Part I, Item 10.h., regarding records 
               2019, edition date with a reference to                   drivers transporting hazardous materials  of duty status (RODS) in Canada was 
               the new edition date of April 1, 2021.                   are required to have a CDL.                             amended to remove the provision for a 
                  CVSA also published a 2020 edition                      (2) The note in Part I, Item 2.b., and                driver to be placed OOS for a period of 
               of the handbook in the period between                    Part I, Item 3.c., was amended to clarify               72 hours for not producing a daily log. 
               the February 24, 2020, final rule and the                that in Canada, a ‘‘valid’’ Canadian                    Recent changes to the Canadian federal 
               publishing of the 2021 edition. FMCSA                    Transportation of Dangerous Goods                       hours-of-service (HOS) regulations have 
               did not publish an update to the                         (TDG) training certificate is required.                 eliminated the ability of an officer/ 
               incorporation by reference in                            Canadian TDG training certificates                      inspector to place a driver OOS for 72 
               §385.4(b)(1) with the April 1, 2020,                     require certain informational items be                  hours for not producing a daily log. 
               edition of the handbook. This NPRM                       identified; language was added to the                   Under the new regulations, a driver is 
               will therefore discuss the updates                       note to clarify that a training certificate             placed OOS only for the number of 
               included in the 2020 and 2021 editions                   is considered invalid and the driver                    hours required to have the driver 
               of the handbook. The changes made                        should be placed OOS if it is missing                   provide a compliant daily log. This 
               based on the 2020 and 2021 editions of                   that required information. This update                  amendment is applicable only to the 
               the handbook are outlined below. It is                   will ensure a uniform approach to                       enforcement of Canadian HOS 
               necessary to update the materials                        Canadian TDG training certificate                       regulations and will not have any effect 
               incorporated by reference to ensure                      validity. This clarification is not                     on the number of OOS violations cited 
               motor carriers and enforcement officials                 expected to have any effect on the                      during Level VI inspections in the 
               have convenient access to the correctly                  number of OOS violations cited during                   United States. 
                                                                        Level VI inspections in the U.S.                           (6) Footnote 2 to Part I, Item 10., 
                 1Level I is a 37-step inspection procedure that          (3) The title of Part I, Item 7., was                 regarding RODS in Canada was 
               involves examination of the motor carrier’s and          amended by removing the language ‘‘AS  amended to reduce the time a driver can 
               driver’s credentials, record of duty status, the         IDENTIFIED UNDER SECTION                                be behind on his/her daily log and not 
               mechanical condition of the vehicle, and any             392.4(a)’’ because the OOS violations                   be declared OOS. Given the recent 
               hazardous materials/dangerous goods that may be          now listed in this section are not all                  changes to the Canadian federal HOS 
               present. 
                 2Level II is a driver and walk-around vehicle          located in §392.4(a). In addition, CVSA                 regulations as discussed above, and 
               inspection, involving the inspection of items that       added a new OOS item to address                         because the 72-hour timeframe to place 
               can be checked without physically getting under          drivers who are recorded in the Drug                    a driver OOS for no production of a log 
               the vehicle.                                             and Alcohol Clearinghouse as                            book was removed, it was deemed 
                 3Level III is a driver-only inspection that            prohibited from performing safety-                      appropriate to reduce the time a driver 
               includes examination of the driver’s credentials and 
               documents.                                               sensitive functions per §382.501(a) as a                can be behind on his/her log before 
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                35446                       Federal Register/Vol. 86, No. 126/Tuesday, July 6, 2021/Proposed Rules 
                being placed OOS. The timeframe was                           (9) Part II, Item 1., was amended to                     tire loading restrictions as a result of a 
                reduced from the current day plus the                      add a clarification that a parking brake                    Level VI inspection in the past 3 years. 
                previous day to the current day only.                      needs to be held by mechanical means.                       The changes are intended to ensure 
                This amendment is applicable only to                       Clarification was necessary regarding                       clarity in the presentation of the OOS 
                the enforcement of Canadian HOS                            whether (1) the mechanical holding of                       conditions and are not expected to affect 
                regulations and will not have any effect                   the parking brake should be required, or                    the number of OOS violations cited 
                on the number of OOS violations cited                      (2) applying the parking brake with                         during Level VI inspections. 
                during Level VI inspections in the                         hand pressure and holding it with hand                         (12) Part II, Item 16.a., was amended 
                United States.                                             pressure is adequate. Specifically, in                      to add new OOS conditions for 
                   (7) Part I, Item 11., was amended by                    cases where the actuator cannot hold                        emergency exits on passenger-carrying 
                (1) replacing the OOSC for Mexico to                       the parking brake in the applied                            vehicles that are marked as such, but 
                reflect the requirements in NOM–087–                       position, it was unclear whether the                        that are not necessarily required to be 
                SCT–2–2017, and (2) adding footnotes                       vehicle should be placed OOS.                               installed by regulation. Language was 
                to that section. NOM–087–SCT–2–2017                        Following discussion with brake                             added to this section to clarify that 
                are Mexico’s CMV regulatory                                industry experts, the CVSA Vehicle                          passenger-carrying vehicles with 
                requirements. Mexico recently updated                      Committee confirmed that Federal                            marked emergency exits that are 
                its HOS Official Mexican Standards                         Motor Vehicle Safety Standard Nos. 105                      obstructed should be declared OOS, 
                (Norma Oficial Mexicana) (NOMs), and                       and 121 require the parking brake to be                     whether such exits are required to be 
                this update required changes to the                        held by a mechanical means. FMCSA                           installed or not. The new criteria were 
                OOSC. CVSA worked with Mexico to                           records indicate that no OOS violations                     also separated to reference marked 
                make these updates, and Mexico                             have been issued regarding parking                          required exits, versus other marked 
                approved the amendments as written for  brakes as a result of a Level VI                                               exits, and the revised criteria clearly 
                use in Mexico for OOS conditions. This                     inspection in the past 3 years. The                         articulate the items/conditions that 
                amendment is applicable only to the                        changes are intended to ensure clarity in  constitute an OOS condition. As this 
                enforcement of Mexican HOS                                 the presentation of the OOS conditions                      change applies only to passenger- 
                regulations and will not have any effect                   and are not expected to affect the                          carrying vehicles, it will not have any 
                on the number of OOS violations cited                      number of OOS violations cited during                       effect on the number of OOS violations 
                during Level VI inspections in the                         Level VI inspections.                                       cited during Level VI inspections, 
                United States.                                                (10) The title of Part II, Item 11.d., was  which are applicable to carriers 
                   (8) The charts for ‘‘Clamp Type Brake                   amended to remove sway bars from the                        transporting transuranics and highway 
                Chamber Data’’ and ‘‘Long Stroke Clamp  OOSC. The CVSA Vehicle Committee                                               route controlled quantities of 
                Type Brake Chamber Data’’ in Part II,                      determined that sway bars provide                           radioactive materials. 
                Item 1.a., were amended to add a new                       comfort, not stability, and that they are                      (13) Part III, Item 3.c., was amended 
                column listing the SAE J2899 markings                      not a critical vehicle inspection item. As  to modify: (1) The title of this section; 
                found on brake chambers. SAE J2899,                        such, the CVSA Vehicle Committee                            and (2) the OOS condition to include 
                ‘‘Brake Adjustment Limit for Air Brake                     determined that missing or loose sway                       terminology adopted in Canada’s TDG 
                Actuators,’’ was issued in December                        bars should not be an OOS condition.                        Regulations. While the previous title of 
                2013 and revised in June 2017, and was                     This amendment also requires a                              this section referred only to ‘‘Bulk 
                developed to provide an alternative way  supporting edit to Note 2 in Part II, Item                                    Package Authorization,’’ Canada’s TDG 
                of determining the size and allowable                      11.b., that references the title to Part II,                Regulations do not reference bulk 
                stroke of a brake chamber.                                 Item 11.d. FMCSA records indicate that                      packages, but instead reference and 
                Manufacturers have the option to cast a                    no OOS violations have been issued                          define the term ‘‘large means of 
                marking permanently onto the center                        regarding sway bars as a result of a                        containment.’’ The Canadian Education 
                section of the brake chamber using the                     Level VI inspection in the past 3 years.                    Quality Assurance Team (EQAT)— 
                letters ‘‘A’’ through ‘‘H.’’ The markings                  As such, and because the changes                            Dangerous Goods Working Group 
                are easy to see and indicate the rated                     eliminate an existing OOS condition,                        requested addition of the Canadian 
                stroke and pushrod stroke of the                           the changes will not affect the number                      terminology in the OOSC to improve 
                chamber without the need to measure                        of OOS violations cited during Level VI                     uniform application of the OOS 
                the diameter or determine if it is long or                 inspections.                                                condition. Adding ‘‘large means of 
                short stroke. This marking method                             (11) Part II, Item 12.a.9., and Part II,                 containment’’ to the OOSC will make it 
                reduces the likelihood that an inspector                   Item 12.b.4., were amended to clarify                       easier for Canadian inspectors to 
                will either (1) pass a vehicle that should                 that the OOS condition refers to a wheel                    interpret the criteria. The changes are 
                be OOS, or (2) place a vehicle OOS that                    end on an axle. In response to questions                    intended to ensure clarity in the 
                is within acceptable operating                             regarding whether the tire loading                          presentation of the OOS conditions and 
                conditions. The CVSA Vehicle                               restriction in §393.75(g) of the FMCSRs                     are not expected to affect the number of 
                Committee voted unanimously to add a                       applies to (1) a wheel end on an axle,                      OOS violations cited during Level VI 
                column in the charts in Part II, Item 1.a.                 or (2) a single tire on an axle, or (3)                     inspections. 
                that lists the SAE J2899 markings found                    whether the entire axle must exceed the                        (14) Part III, Item 3.d., was amended 
                on brake chambers. FMCSA records                           tire weight rating in order to constitute                   by adding a note regarding manhole 
                indicate that no violations or OOS                         an OOS condition, the CVSA Vehicle                          covers. The CVSA Hazardous Materials 
                violations have been issued regarding                      Committee determined that exceeding                         Committee contacted the Truck Trailer 
                brakes being out of adjustment as a                        the tire load limits should apply to the                    Manufacturers Association to discuss 
                result of a Level VI inspection in the                     wheel end. The OOS condition applies                        manhole securement with the Tank 
                past 3 years. The changes are intended                     when the tire or dual set exceeds the                       Engineering Committee. The committee 
                to ensure clarity in the presentation of                   applicable load rating on the sidewall of                   agreed that all fasteners on the dome 
                the OOS conditions and are not                             the tire(s), and the language was                           need to be engaged and hand tightened 
                expected to affect the number of OOS                       amended to reflect this condition.                          to be considered closed and secured. 
                violations cited during Level VI                           FMCSA records indicate that no OOS                          Based on this information, the 
                inspections.                                               violations have been issued regarding                       committee voted to add a note to the 
        jbell on DSKJLSW7X2PROD with PROPOSALSVerDate Sep<11>2014 16:39 Jul 02, 2021Jkt 253001PO 00000 Frm 00038 Fmt 4702 Sfmt 4702 E:\FR\FM\06JYP1.SGM 06JYP1
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