Filetype PDF | Posted on 19 Sep 2022 | 4 years ago
Authentication
digital resources
282x Filetype PDF File size 0.30 MB Source: www.govinfo.gov
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
jbell on DSKJLSW7X2PROD with PROPOSALSVerDate Sep<11>2014 16:39 Jul 02, 2021Jkt 253001PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 E:\FR\FM\06JYP1.SGM 06JYP1
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
jbell on DSKJLSW7X2PROD with PROPOSALSVerDate Sep<11>2014 16:39 Jul 02, 2021Jkt 253001PO 00000 Frm 00036 Fmt 4702 Sfmt 4702 E:\FR\FM\06JYP1.SGM 06JYP1
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
jbell on DSKJLSW7X2PROD with PROPOSALSVerDate Sep<11>2014 16:39 Jul 02, 2021Jkt 253001PO 00000 Frm 00037 Fmt 4702 Sfmt 4702 E:\FR\FM\06JYP1.SGM 06JYP1
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
no reviews yet
Please Login to review.
