Proposed Rule2025-20282
Incorporation by Reference; North American Standard Out-of-Service Criteria; Hazardous Materials Safety Permits (2025)
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 19, 2025
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA proposes amendments to its Hazardous Materials Safety Permits (HMSPs) regulations to incorporate by reference the updated Commercial Vehicle Safety Alliance (CVSA) handbook containing inspection procedures and Out-of-Service Criteria (OOSC) for inspections of shipments of transuranic waste and highway route- controlled quantities (HRCQs) of radioactive material (RAM). The OOSC provide enforcement personnel nationwide, including FMCSA's State partners, with uniform enforcement tolerances for inspections. Currently, the regulations reference the April 1, 2024 edition of the handbook. Through this notice, FMCSA proposes to incorporate by reference the April 1, 2025 edition.
Full Text
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<title>Federal Register, Volume 90 Issue 221 (Wednesday, November 19, 2025)</title>
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[Federal Register Volume 90, Number 221 (Wednesday, November 19, 2025)]
[Proposed Rules]
[Pages 52030-52036]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-20282]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 385
[Docket No. FMCSA-2025-0104]
RIN 2126-AC74
Incorporation by Reference; North American Standard Out-of-
Service Criteria; Hazardous Materials Safety Permits (2025)
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of proposed rulemaking.
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SUMMARY: FMCSA proposes amendments to its Hazardous Materials Safety
Permits (HMSPs) regulations to incorporate by reference the updated
Commercial Vehicle Safety Alliance (CVSA) handbook containing
inspection procedures and Out-of-Service Criteria (OOSC) for
inspections of shipments of transuranic waste and highway route-
controlled quantities (HRCQs) of radioactive material (RAM). The OOSC
provide enforcement personnel nationwide, including FMCSA's State
partners, with uniform enforcement tolerances for inspections.
Currently, the regulations reference the April 1, 2024 edition of the
handbook. Through this notice, FMCSA proposes to incorporate by
reference the April 1, 2025 edition.
DATES: Comments must be received on or before December 19, 2025.
ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2025-0104 using any of the following methods:
[[Page 52031]]
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov/docket/FMCSA-2025-0104/document">https://www.regulations.gov/docket/FMCSA-2025-0104/document</a>. Follow the online
instructions for submitting comments.
<bullet> Mail: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Washington, DC 20590-0001.
<bullet> Hand Delivery or Courier: Dockets Operations, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, West Building,
Ground Floor, Washington, DC 20590-0001, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. To be sure someone is
there to help you, please call (202) 366-9317 or (202) 366-9826 before
visiting Dockets Operations.
<bullet> Fax: (202) 493-2251.
Viewing incorporation by reference material: You may inspect the
material proposed for incorporation by reference at the National
Transportation Library, DOT, 1200 New Jersey Avenue SE, Washington, DC
20590-0001 between 8 a.m. and 5 p.m., Monday through Friday, except
Federal holidays. The telephone number is (202) 366-4000. Copies of the
material are available as indicated in the ``Incorporation by
Reference'' section of this preamble.
FOR FURTHER INFORMATION CONTACT: David Sutula, Vehicle and Roadside
Operations Division, FMCSA, 1200 New Jersey Avenue SE, Washington, DC
20590-0001, (202) 961-1373, <a href="/cdn-cgi/l/email-protection#3d505e4d4e4b7d595249135a524b"><span class="__cf_email__" data-cfemail="fc919f8c8f8abc989388d29b938a">[email protected]</span></a>. If you have questions on
viewing or submitting material to the docket, contact Dockets
Operations, (202) 366-9826.
SUPPLEMENTARY INFORMATION: FMCSA organizes this notice of proposed
rulemaking (NPRM) as follows:
I. Public Participation and Request for Comments
A. Submitting Comments
B. Viewing Comments and Documents
C. Privacy
II. Executive Summary
III. Abbreviations
IV. Legal Basis
V. Background
VI. Discussion of Proposed Rulemaking
VII. Section-by-Section Analysis
VIII. Regulatory Analyses
A. E.O. 12866 (Regulatory Planning and Review), E.O. 13563
(Improving Regulation and Regulatory Review), and DOT Regulatory
Policies and Procedures
B. Advance Notice of Proposed Rulemaking
C. E.O. 14192 (Unleashing Prosperity Through Deregulation)
D. Regulatory Flexibility Act
E. Assistance for Small Entities
F. Unfunded Mandates Reform Act of 1995
G. Paperwork Reduction Act
H. E.O. 13132 (Federalism)
I. Privacy
J. E.O. 13175 (Indian Tribal Governments)
K. National Environmental Policy Act of 1969
L. Rulemaking Summary
I. Public Participation and Request for Comments
A. Submitting Comments
If you submit a comment, please include the docket number for this
NPRM (FMCSA-2025-0104), indicate the specific section of this document
to which your comment applies, and provide a reason for each suggestion
or recommendation. You may submit your comments and material online or
by fax, mail, or hand delivery, but please use only one of these means.
FMCSA recommends that you include your name and a mailing address, an
email address, or a phone number in the body of your document so FMCSA
can contact you if there are questions regarding your submission.
To submit your comment online, go to <a href="https://www.regulations.gov/docket/FMCSA-2025-0104/document">https://www.regulations.gov/docket/FMCSA-2025-0104/document</a>, click on this NPRM, click ``Comment,''
and type your comment into the text box on the following screen.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing.
FMCSA will consider all comments and material received during the
comment period.
Confidential Business Information (CBI)
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (5 U.S.C. 552), CBI is exempt from public disclosure.
If your comments responsive to the NPRM contain commercial or financial
information that is customarily treated as private, that you actually
treat as private, and that is relevant or responsive to the NPRM, it is
important that you clearly designate the submitted comments as CBI.
Please mark each page of your submission that constitutes CBI as
``PROPIN'' to indicate it contains proprietary information. FMCSA will
treat such marked submissions as confidential under the Freedom of
Information Act, and they will not be placed in the public docket of
the NPRM. Submissions containing CBI should be sent to Brian Dahlin,
Chief, Regulatory Evaluation Division, Office of Policy, FMCSA, 1200
New Jersey Avenue SE, Washington, DC 20590-0001 or via email at
<a href="/cdn-cgi/l/email-protection#0f6d7d666e612168216b6e676366614f6b607b21686079"><span class="__cf_email__" data-cfemail="b1d3c3d8d0df9fd69fd5d0d9ddd8dff1d5dec59fd6dec7">[email protected]</span></a>. At this time, you need not send a duplicate
hardcopy of your electronic CBI submissions to FMCSA headquarters. Any
comments FMCSA receives not specifically designated as CBI will be
placed in the public docket for this rulemaking.
B. Viewing Comments and Documents
To view any documents mentioned as being available in the docket,
go to <a href="https://www.regulations.gov/docket/FMCSA-2025-0104/document">https://www.regulations.gov/docket/FMCSA-2025-0104/document</a> and
choose the document to review. To view comments, click this NPRM, then
click ``Browse Comments.'' If you do not have access to the internet,
you may view the docket online by visiting Dockets Operations in on the
ground floor of the DOT West Building, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. To be sure someone is there to help
you, please call (202) 366-9317 or (202) 366-9826 before visiting
Dockets Operations.
C. Privacy
In accordance with 5 U.S.C. 553(c), FMCSA solicits comments from
the public to better inform its regulatory process. DOT posts these
comments, including any personal information the commenter provides, to
<a href="http://www.regulations.gov">www.regulations.gov</a>, as described in the system of records notice DOT/
ALL 14 (Federal Docket Management System (FDMS)), which can be reviewed
at <a href="https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices">https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices</a>. The comments are posted without edit and are
searchable by the name of the submitter.
II. Executive Summary
This NPRM proposes to update an incorporation by reference found at
49 Code of Federal Regulations (CFR) 385.4(b)(1) and referenced at
Sec. 385.415(b). The provision at Sec. 385.4(b)(1) currently
references the April 1, 2024, edition of CVSA's handbook titled ``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 CVSA
handbook contains inspection procedures and OOSC for inspections of
shipments of transuranic waste and HRCQs of RAM. The OOSC, while not
regulations, provide enforcement personnel nationwide, including
FMCSA's State partners, with uniform enforcement tolerances for
inspections. The material is available for
[[Page 52032]]
inspection at the FMCSA, Office of Safety, 1200 New Jersey Avenue SE,
Washington, DC 20590 (Attention: Chief, Hazardous Materials Division)
at (202) 493-0027. The document may be purchased from the Commercial
Vehicle Safety Alliance 99 M Street SE, Suite 1025, Washington, DC
20003, 202-998-1002, <a href="http://www.cvsa.org">www.cvsa.org</a>.
In this NPRM, FMCSA proposes to incorporate by reference the HMSP-
related provisions contained in the April 1, 2025 edition of the
handbook. This NPRM will discuss all proposed updates to the currently
incorporated 2024 edition of the handbook.
Fourteen HMSP-related updates distinguish the April 1, 2025
handbook edition from the April 1, 2024 edition. The incorporation by
reference of the 2025 edition does not impose new regulatory
requirements.
III. Abbreviations
ANPRM Advance notice of proposed rulemaking
ATIS Automatic tire inflation systems
CBI Confidential Business Information
CDL Commercial driver's license
CE Categorical Exclusion
CFR Code of Federal Regulations
CLP Commercial learner's permit
CVSA Commercial Vehicle Safety Alliance
DOT Department of Transportation
E.O. Executive Order
FMCSA Federal Motor Carrier Safety Administration
FR Federal Register
HMSP Hazardous Materials Safety Permit
HRCQ Highway Route Controlled Quantity
MCMIS Motor Carrier Management Information System
NPRM Notice of proposed rulemaking
OOS Out-of-service
OOSC Out-of-Service Criteria
PIA Privacy Impact Assessment
PII Personally Identifiable Information
PSI Pounds per square inch
PTA Privacy Threshold Assessment
RAM Radioactive material
RFA Regulatory Flexibility Act
TDG Transportation of Dangerous Goods
TPS Tractor protection system
TPV Tractor protection valve
UMRA The Unfunded Mandates Reform Act of 1995
U.S.C. United States Code
IV. Legal Basis
Congress has enacted several statutory provisions to ensure the
safe transportation of hazardous materials in interstate commerce.
Specifically, in provisions codified at 49 U.S.C. 5105(d), relating to
inspections of motor vehicles carrying certain hazardous material, and
49 U.S.C. 5109, relating to HMSPs for motor carriers, the Secretary of
Transportation (the Secretary) is required to promulgate regulations as
part of a comprehensive safety program on HMSPs. The FMCSA
Administrator has been delegated authority under 49 U.S.C. 113(f) and
49 CFR 1.87(d)(2) to carry out the functions vested in the Secretary
related to HMSPs. Consistent with that authority, FMCSA has promulgated
regulations under 49 CFR part 385, subpart E to address the
congressional mandate on HMSPs. Those regulations are the underlying
provisions to which the material incorporated by reference discussed in
this notice is applicable.
Congress authorized DOT by statute to promote safe transportation
of hazardous materials in interstate commerce by prescribing, among
other things, regulations and minimum standards for practices, methods,
and procedures for inspections and safety permits for motor vehicles
carrying certain hazardous materials (49 U.S.C. 5105(d); 49 U.S.C.
5109). The purpose of this rulemaking is to incorporate by reference
the 2025 edition of the CVSA handbook outlining the OOSC and inspection
procedures for commercial highway vehicles transporting RAMs.
Unless stated otherwise, FMCSA generally considers provisions that
are not inextricably intertwined to be severable, meaning that if any
provision in a rulemaking is later held to be invalid, the remainder of
the rulemaking is not affected (49 CFR 389.41). The CVSA Handbook being
incorporated by reference in this rulemaking contains numerous,
unrelated provisions that focus on unique aspects of FMCSA's
regulations. Therefore, FMCSA finds that the various provisions of the
CVSA Handbook are severable and able to operate functionally if severed
from each other. In the event a court were to invalidate one or more of
the CVSA Handbook's unique provisions, the remaining provisions should
stand.
V. Background
In 1986, the U.S. Department of Energy and CVSA entered into a
cooperative agreement to develop a higher level of inspection
procedures, out-of-service (OOS) conditions and/or criteria, an
inspection decal, and a training and certification program for
inspectors to conduct inspections on shipments of transuranic waste and
HRCQs of RAM. CVSA developed the North American Standard Level VI
Inspection Program for Transuranic Waste and Highway Route Controlled
Quantities of Radioactive Material. This inspection program for select
radiological shipments includes inspection procedures, enhancements to
the North American Standard Level I Inspection, radiological surveys,
CVSA Level VI decal requirements, and the ``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.'' As of January 1, 2005,
all vehicles and carriers transporting HRCQs of RAM are covered by the
U.S. Department of Transportation's HM Safety Permit rules (June 30,
2004; 69 FR 39350). All HRCQs of RAM must pass the North American
Standard Level VI Inspection prior to the shipment being allowed to
travel in the United States. All HRCQs of RAM shipments entering the
United States must also pass the North American Standard Level VI
Inspection either at the shipment's point of origin or when the
shipment enters the United States.
Operational requirements for motor carriers transporting hazardous
materials for which a HMSP is required are prescribed by Sec. 385.415.
Section 385.415(b) requires that motor carriers ensure a pre-trip
inspection is performed on each motor vehicle to be used to transport a
HRCQ of a Class 7 (radioactive) material, in accordance with the
requirements of CVSA's handbook titled ``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.''
According to 2021 through 2024 data from FMCSA's Motor Carrier
Management Information System (MCMIS), approximately 3 million Level I
through Level VI inspections were performed annually. Nearly 96 percent
of these were Level I,\1\ Level II,\2\ and Level III \3\ inspections.
During the same period, an average of 1,089 Level VI inspections were
performed annually, comprising only 0.04 percent of all inspections. On
average, OOS violations were cited in only 6 Level VI inspections
annually (0.6 percent), whereas on average, OOS violations were cited
in 231,803 Level I
[[Page 52033]]
inspections (27 percent), 283,872 Level II inspections (27 percent),
and 63,114 Level III inspections (6 percent) annually. As these
statistics demonstrate, OOS violations are cited in a far lower
percentage of Level VI inspections than Level I, II, and III
inspections, due largely to the enhanced oversight and inspection of
these vehicles because of the sensitive nature of the cargo being
transported.
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\1\ Level I is a 37-step inspection procedure that involves
examination of the motor carrier's and driver's credentials, record
of duty status, the mechanical condition of the vehicle, and any
hazardous materials or dangerous goods that may be present.
\2\ Level II is a driver and walk-around vehicle inspection,
involving the inspection of items that can be checked without
physically getting under the vehicle.
\3\ Level III is a driver-only inspection that includes
examination of the driver's credentials and documents.
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The changes to the 2025 edition of the CVSA handbook are intended
to ensure clarity in the presentation of the OOS conditions and are
generally editorial or ministerial. As discussed below, FMCSA does not
expect the changes made in the 2025 edition of the CVSA handbook to
affect significantly the number of OOS violations cited during Level VI
inspections.
VI. Discussion of the Proposed Rulemaking
Section 385.4(b)(1), as amended on August 21, 2024 (89 FR 67560),
references the April 1, 2024, edition of the CVSA handbook. This NPRM
proposes to amend Sec. 385.4(b)(1) by replacing the reference to the
April 1, 2024, edition date with a reference to the new edition date of
April 1, 2025.
The HMSP-related changes made in the 2025 edition of the handbook,
and proposed for incorporation by reference herein, are outlined below.
It is necessary to update the materials incorporated by reference to
ensure motor carriers and enforcement officials have convenient access
to the correctly identified inspection criteria referenced in the
rules.
FMCSA spoke with CVSA on April 29, 2025, during the Vehicle
Committee meeting, to discuss the use of the term tractor protection
valve (TPV). The Federal Motor Carrier Safety Regulations (FMCSR) use
the term TPV whereas the inspections guidance from CVSA uses the term
trailer supply valve for the same piece of equipment. To ensure
consistency between the FMCSR and the CVSA guidance, it was agreed to
standardize on the term tractor protection system (TPS) as described in
the 2025 edition of the OOSC Handbook. CVSA provided the information
needed for FMCSA to proceed with drafting the NPRM. FMCSA has placed a
memorandum in the rulemaking docket documenting these communications.
April 1, 2025, Changes
Fourteen HMSP-related changes in the 2025 edition of the CVSA
handbook distinguish it from the April 1, 2024, edition:
1. Part I, Item 3.b.1 (``Commercial Learner's Permit'') was amended
to clarify that an accompanying driver of a commercial learner's permit
(CLP) holder cannot be unauthorized to drive for any reason. This
change follows FMCSA's clarification that the accompanying driver must
be a valid CDL holder authorized to operate the vehicle for that trip.
Language was added to ensure consistency with the FMCSR. The change is
intended to ensure clarity in the presentation of the OOS conditions
and is not expected to affect significantly the number of OOS
violations cited during Level VI inspections.
2. Part I, Items 2.b and 3.c (``Endorsements and Restrictions'')
were updated to provide clarity on the Transportation of Dangerous
Goods (TDG) certificate. Specifically, it reflects changes in Canadian
TDG regulations, which do not require hazardous materials or dangerous
goods classes to be listed on the certificate, though drivers can only
transport classes listed if they are present in the certificate. This
amendment applies to both CDL and non-CDL drivers, specifically in the
enforcement of Canadian regulations. These updates will not impact the
number of OOS violations cited during Level VI inspections in the
United States.
3. Part I, Item 4.b.3 (``Medical Examiner's Certificate'') was
amended to include both passenger-carrying and property-carrying
vehicles. Part I, Item 4.b.4 was removed, as its language was
incorporated into the revised 4.b.3. The change ensures consistency
with the OOSC's emphasis on imminent hazards and clarifies that
operating without a medical examiner's certificate, Form MCSA-5876, is
an imminent hazard. The updates are intended to ensure clarity in the
presentation of the OOS conditions and are not expected to affect
significantly the number of OOS violations cited during Level VI
inspections.
4. Part II, Items 1.a.7.h (``Defective Brakes'') and 9 (``Lighting
Devices (Headlamps, Tail Lamps, Stop Lamps, Turn Signals, and Lamps/
Flags on Projecting Loads)'') were amended to include an OOS condition
for inoperative brakes due to an unplugged electrical cable.
Previously, electric trailer brakes that were non-functional due to a
disconnected electrical line could result in multiple violations, with
each inoperative brake being cited separately. This amendment ensures
that only a single OOS violation is recorded for this condition,
aligning the treatment of inoperative electric brakes with that of
inoperative lamps on the rear of a trailer due to an unplugged
electrical connection. In addition, a note was added instructing
inspectors to reference both the ``Lighting Devices'' and ``Brakes''
sections to ensure all relevant conditions are properly considered. The
updates are intended to ensure clarity in the presentation of the OOS
conditions and are not expected to affect significantly the number of
OOS violations cited during Level VI inspections.
5. Part II, Item 1.h.7 (``Air Brake Hose/Tubing'') was amended to
include an OOS condition for inoperative brakes due to a disconnected
service gladhand. Previously, a trailer with non-functional air brakes
caused by a disconnected service gladhand could result in multiple
violations, with each inoperative brake being cited separately. This
amendment ensures that only a single OOS violation is recorded for this
condition, aligning it with the treatment of inoperative lamps on the
rear of a trailer due to an unplugged electrical connection. The change
is intended to ensure clarity in the presentation of the OOS conditions
and is not expected to affect significantly the number of OOS
violations cited during Level VI inspections.
6. Part II, Item 1.h.5 (``Air Brake Hose/Tubing'') was amended to
remove the OOS condition for crimped air hoses and tubing that restrict
airflow. During roadside inspections, it is challenging for inspectors
to determine whether an air hose or tube restriction is severe enough
to warrant an OOS violation. Industry discussions revealed that a
crimped air hose or tube primarily impacts brake release rather than
brake application. CVSA determined that if a brake fails to apply or
release entirely, other detectable violations would likely result in an
OOS determination. While a kinked or crimped air hose or tube remains a
violation requiring repair before the next dispatch, the subjectivity
of the previous language led to its removal from the OOSC. This update
makes the OOS conditions more objective and ensures that enforcement
focuses on clearly unsafe conditions rather than subjective assessments
of crimp severity. The change is intended to ensure clarity in the
presentation of the OOS conditions and is not expected to affect
significantly the number of OOS violations cited during Level VI
inspections.
7. Part II, Item 1.h (``Air Brake Hose/Tubing'') and Item 1.o.3
(``Hydraulic Brakes'') were amended to include language specifying that
brake hoses or lines marked for applications other than brake systems
constitute an OOS violation. During a roadside inspection,
[[Page 52034]]
a fuel line was found in an air brake system, clearly marked as a fuel
line. As a result, FMCSA concurs with CVSA's decision that a fuel line
found in any brake system, such as air or hydraulic brakes, will now be
subject to an OOS violation. The updates are intended to ensure clarity
in the presentation of the OOS conditions and are not expected to
affect significantly the number of OOS violations cited during Level VI
inspections.
8. Part II, Item 1.I (``Tractor Protection System'') was amended to
clarify that a vehicle will be declared OOS if the TPS fails to close
automatically before pressure drops below 20 pounds per square inch
(psi) in both the primary and secondary air systems, rather than either
system. In a dual-circuit brake system, air is supplied to the TPS by a
two-way check valve that is connected to both the primary and secondary
circuits. The two-way check valve only takes air from the highest-
pressure circuit, which prevents loss of air from a failed circuit.
This will allow the TPS to close automatically in the event of a
significant drop in air pressure in one of the circuits. This automatic
closure mechanism activates when the air pressure in both circuits
falls between 20 and 45 psi. This design helps prevent a large amount
of air from escaping the towing vehicle's air brake system, which could
otherwise lead to a dangerous reduction in braking power. However, if
the air pressure reaches 20 psi and the TPS has not automatically
closed, it likely indicates that both circuits have failed to supply
air. This condition would compromise the trailer's ability to engage
the parking or emergency brakes. It is important to note that this
section was initially developed when single-circuit systems were
common, and as such, the evolution and widespread adoption of dual-
circuit systems were not fully reflected in the original language. The
amendment addresses this gap by incorporating the operational
characteristics of modern dual-circuit systems, providing clearer
guidance on when the TPS should automatically close. The clarification
stems from discussions with brake manufacturers regarding the overall
functionality of single and dual-circuit brake systems. Therefore,
FMCSA agrees it is appropriate that the vehicle will be declared OOS if
the TPS fails to close automatically before pressure drops below 20 psi
in both the primary and secondary air systems. The update is intended
to ensure clarity in the presentation of the OOS conditions and is not
expected to affect significantly the number of OOS violations cited
during Level VI inspections.
9. Part II, Item 2.a (``Cargo Securement'') was amended to clarify
that violations for loose dunnage, vehicle components, and similar
items are considered vehicle OOS conditions. The inspectors believed
that the driver was OOS when cargo, load components, spare tires,
dunnage, or other unsecured items fell onto the roadway. However, CVSA
clarifies that the intention of the OOS criteria is specific to the
vehicle and would not affect driver status. The driver would be placed
OOS based on driver-specific violations. As such, language was added to
specify that the vehicle will be declared OOS which will help clarify
this OOS condition. The update is intended to ensure clarity in the
presentation of the OOS conditions and is not expected to affect
significantly the number of OOS violations cited during Level VI
inspections.
10. Part II, Item 9.b (``Lamps on Projecting Loads'') was amended
to add a section specifically addressing projecting load lamps. This
change is necessary due to a previous update (89 FR 36742) to this
section regarding lamps required to be on during specific times of the
day. The previous update aimed to clarify situations where drivers may
have lights turned off on the power unit. Unlike headlamps or tail
lamps, projecting load lamps operate differently and may not have a
traditional on/off switch, requiring them to be addressed separately.
Therefore, an OOS condition was added to address this unique scenario.
The update is intended to ensure clarity in the presentation of the OOS
conditions and is not expected to affect significantly the number of
OOS violations cited during Level VI inspections.
11. Part II, Item 11.a.1 (``Axle Parts/Members'') was amended to
clarify that a U-bolt bottom plate is part of the U-bolt assembly and
should be considered an OOS condition if cracked or broken. This
clarification addresses potential confusion during inspections by
explicitly including the bottom plate as a critical component of the U-
bolt assembly. The update is intended to ensure consistency in the
identification of OOS conditions and is not expected to affect
significantly the number of OOS violations cited during Level VI
inspections.
12. Part II, Items 12.b.1 and 12.b.3 (``All Tires Other Than Those
Found on the Front Steering Axle(s) of a Power Unit'') were amended to
address leaks in tires with and without automatic tire inflation
systems (ATIS). Previously, a tire without an ATIS was considered OOS
if it had a noticeable leak that could be heard or felt, or if it had
50 percent or less of the maximum inflation pressure marked on the tire
sidewall. Item 12.b.1 has now been revised to specify that the tread
area is the relevant location for identifying a noticeable leak on
tires without an ATIS. Item 12.b.2 remains unchanged and continues to
address leaks in the tread area of tires equipped with an ATIS. In
addition, the original language of Item 12.b.3 has been relocated to
Item 12.b.4. New language has been introduced in Item 12.b.3 to state
explicitly that any tire with a leak in the sidewall, regardless of
ATIS presence, is an OOS condition. The updates are intended to ensure
consistency in the application of OOS conditions and are not expected
to affect significantly the number of OOS violations cited during Level
VI inspections.
13. Part II, Item 12.a.8 and 12.b.4 (``Any Tire on Any Front
Steering Axle(s) of a Power Unit'') were amended to add a note
clarifying that if only the rubber portion of a mudflap is contacting a
tire, it should not be considered an OOS condition. This clarification
aims to prevent misinterpretation during inspections and ensures that
minor rubber contact does not incorrectly result in an OOS violation.
Due to the revised language introduced in Item 12.b.3, discussed above,
and the relocation of the original 12.b.3 content to 12.b.4, as noted
in the previous change, the existing Item 12.b.4 has been renumbered as
12.b.5. The updates are intended to ensure consistency in the
application of OOS conditions and are not expected to affect
significantly the number of OOS violations cited during Level VI
inspections.
14. Part II, Items 12.b.7, 12.b.8, 12.b.9, and 12.b.10 (``All Tires
Other Than Those Found on the Front Steering Axle(s) of a Power Unit'')
were amended to remove the distinction between radial and bias tires.
Previously, the criteria for OOS conditions were separated by tire
type, radial tires and bias tires, despite being identical in nature.
This separation caused confusion due to the differing item numbers and
slightly varied wording. CVSA has removed the radial and bias tire
language and clarified that the OOS condition applies to all tires,
regardless of construction type. With the reorganization resulting from
the new language introduced in the preceding changes, these items have
now been shortened and simplified into two consolidated items: 12.b.8
and 12.b.9. This consolidation simplifies and clarifies the confusion
and makes it easier to apply the OOS criteria
[[Page 52035]]
consistently. The updates are intended to ensure consistency in the
application of OOS conditions and are not expected to affect
significantly the number of OOS violations cited during Level VI
inspections.
VII. Section-by-Section Analysis
Section 385.4 Matter Incorporated by Reference
Section 385.4(b)(1), as amended on August 21, 2024, references the
April 1, 2024, edition of the CVSA handbook. This NPRM proposes to
replace the reference to the April 1, 2024, edition of the CVSA
handbook with a reference to the new edition date of April 1, 2025.
Regulatory Analyses
A. Executive Order (E.O.) 12866 (Regulatory Planning and Review) and
DOT Regulatory Policies and Procedures
FMCSA has considered the impact of this NPRM under E.O. 12866 (58
FR 51735, Oct. 4, 1993), as amended, and DOT's regulatory policies and
procedures. The Office of Information and Regulatory Affairs within the
Office of Management and Budget (OMB) determined that this NPRM is not
a significant regulatory action under section 3(f) of E.O. 12866.
Accordingly, OMB has not reviewed it under that E.O.
The proposed rule, if finalized, would update an incorporation by
reference from the April 1, 2024, edition to the April 1, 2025, edition
of CVSA's handbook titled ``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.'' FMCSA reviewed its MCMIS data on inspections
performed from 2021 to 2024 and does not expect the HMSP-related
handbook updates to have a significant effect on the number of OOS
violations cited during Level VI inspections. Therefore, the proposed
rule's impact would be de minimis.
B. E.O. 14192 (Unleashing Prosperity Through Deregulation)
This rulemaking is not a significant regulatory action as defined
in Section 3(f) of E.O. 12866 or in section 11 of DOT Order 2100.6B,
and therefore does not meet the significance criterion for being an
E.O. 14192 regulatory action. Consequently, this rulemaking is not an
E.O. 14192 regulatory action and no further action under E.O. 14192 is
required.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601, et seq.) (RFA), as
amended by the Small Business Regulatory Enforcement Fairness Act of
1996,\4\ requires Federal agencies to consider the effects of the
regulatory action on small business and other small entities and to
minimize any significant economic impact for any rule subject to
notice-and-comment rulemaking under the Administrative Procedure Act
unless the agency head certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
The term small entities comprises small businesses and not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields, and governmental jurisdictions with
populations of less than 50,000 (5 U.S.C. 601(6)). Accordingly, DOT
policy requires an analysis of the impact of all regulations on small
entities, and mandates that agencies strive to lessen any adverse
effects on these businesses. None of the HMSP-related updates from the
2025 edition impose new requirements or make substantive changes to the
Federal Motor Carrier Safety Regulations.
---------------------------------------------------------------------------
\4\ Public Law 104-121, 110 Stat. 857, (Mar. 29, 1996).
---------------------------------------------------------------------------
Section 605 of the RFA allows an agency to certify a rule, instead
of preparing an analysis, if the proposed rule is not expected to
impact a substantial number of small entities. The proposed rule would
update an incorporation by reference found at 49 CFR 385.4(b)(1) and 49
CFR 385.415(b), and would incorporate by reference the April 1, 2025,
edition of the CVSA handbook. The changes to the 2025 edition of the
CVSA handbook from the 2024 edition are intended to ensure clarity in
the presentation of the OOS conditions and are generally editorial or
ministerial. As noted above, FMCSA does not expect the changes made in
the 2025 edition of the CVSA handbook to affect significantly the
number of OOS violations cited during Level VI inspections in the
United States. Accordingly, FMCSA certifies that the proposed action
would not have a significant economic impact on a substantial number of
small entities.
D. Assistance for Small Entities
In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121, 110 Stat. 857),
FMCSA wants to assist small entities in understanding this proposed
rule so they can better evaluate its effects on themselves and
participate in the rulemaking initiative. If the proposed rule would
affect your small business, organization, or governmental jurisdiction
and you have questions concerning its provisions or options for
compliance, please consult the person listed under FOR FURTHER
INFORMATION CONTACT.
Small businesses may send comments on the actions of Federal
employees who enforce or otherwise determine compliance with Federal
regulations to the Small Business Administration's Small Business and
Agriculture Regulatory Enforcement Ombudsman (Office of the National
Ombudsman, see <a href="https://www.sba.gov/about-sba/oversight-advocacy/office-national-ombudsman">https://www.sba.gov/about-sba/oversight-advocacy/office-national-ombudsman</a>) and the Regional Small Business Regulatory Fairness
Boards. The Ombudsman evaluates these actions annually and rates each
agency's responsiveness to small business. If you wish to comment on
actions by employees of FMCSA, call 1-888-REG-FAIR (1-888-734-3247).
DOT has a policy regarding the rights of small entities to regulatory
enforcement fairness and an explicit policy against retaliation for
exercising these rights.
E. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
(UMRA) requires Federal agencies to assess the effects of their
discretionary regulatory actions. The Act addresses actions that may
result in the expenditure by a State, local, or Tribal government, in
the aggregate, or by the private sector of $206 million (which is the
value equivalent of $100 million in 1995, adjusted for inflation to
2024 levels) or more in any 1 year. Though this NPRM would not result
in such an expenditure, and the analytical requirements of UMRA do not
apply as a result, FMCSA discusses the effects of this rulemaking
elsewhere in this preamble.
F. Paperwork Reduction Act
This proposed rule contains no new information collection
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
G. E.O. 13132 (Federalism)
A rule has implications for federalism under section 1(a) of E.O.
13132 if it has ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.''
[[Page 52036]]
FMCSA has determined that this rulemaking would not have
substantial direct costs on or for States, nor would it limit the
policymaking discretion of States. Nothing in this document preempts
any State law or regulation. Therefore, this rulemaking does not have
sufficient federalism implications to warrant the preparation of a
Federalism Impact Statement.
H. Privacy
The Consolidated Appropriations Act, 2005,\5\ requires agencies to
assess the privacy impact of a regulation that will affect the privacy
of individuals. This NPRM would not require the collection of
personally identifiable information (PII).
---------------------------------------------------------------------------
\5\ Public Law 108-447, 118 Stat. 2809, 3268, note following 5
U.S.C. 552a (Dec. 4, 2014).
---------------------------------------------------------------------------
The Privacy Act (5 U.S.C. 552a) applies only to Federal agencies
and any non-Federal agency that receives records contained in a system
of records from a Federal agency for use in a matching program.
The E-Government Act of 2002,\6\ requires Federal agencies to
conduct a Privacy Impact Assessment (PIA) for new or substantially
changed technology that collects, maintains, or disseminates
information in an identifiable form. No new or substantially changed
technology would collect, maintain, or disseminate information as a
result of this rulemaking. Accordingly, FMCSA has not conducted a PIA.
---------------------------------------------------------------------------
\6\ Public Law 107-347, sec. 208, 116 Stat. 2899, 2921 (Dec. 17,
2002).
---------------------------------------------------------------------------
FMCSA will complete a Privacy Threshold Assessment (PTA) to
evaluate the risks and effects the proposed rulemaking might have on
collecting, storing, and sharing PII. The PTA will be submitted to
FMCSA's Privacy Officer for review and preliminary adjudication and to
DOT's Privacy Officer for review and final adjudication.
I. E.O. 13175 (Indian Tribal Governments)
This rulemaking does not have Tribal implications under E.O. 13175,
Consultation and Coordination with Indian Tribal Governments, because
it does not have a substantial direct effect on one or more Indian
Tribes, on the relationship between the Federal Government and Indian
Tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian Tribes.
J. National Environmental Policy Act of 1969
FMCSA analyzed this proposed rule pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321, et seq.) and
determined this action is categorically excluded from further analysis
and documentation in an environmental assessment or environmental
impact statement under DOT Order 5610.1D, section 29. This Categorical
Exclusion (CE) covers minor revisions to regulations. The proposed
requirements in this rulemaking are covered by this CE.
K. Rulemaking Summary
As required by 5 U.S.C. 553(b)(4), a summary of this rulemaking can
be found in the Abstract section of the Department's Unified Agenda
entry for this rulemaking at <a href="https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202410&RIN=2126-AC74">https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202410&RIN=2126-AC74</a>.
List of Subjects in 49 CFR 385
Administrative practice and procedure, Highway safety,
Incorporation by reference, Mexico, Motor carriers, Motor vehicle
safety, Reporting and recordkeeping requirements.
In consideration of the foregoing, FMCSA proposes to amend 49 CFR
chapter III, part 385, as set forth below:
PART 385--SAFETY FITNESS PROCEDURES
0
1. The authority citation for part 385 continues to read as follows:
Authority: 49 U.S.C. 113, 504, 521(b), 5105(d), 5109, 5113,
13901-13905, 13908, 31135, 31136, 31144, 31148, 31151, 31502; sec.
113(a), Pub. L. 103-311, 108 Stat. 1673, 1676; sec. 408, Pub. L.
104-88, 109 Stat. 803, 958; sec. 350, Pub. L. 107-87, 115 Stat. 833,
864; sec. 5205, Pub. L. 114-94, 129 Stat. 1312, 1537; and 49 CFR
1.87.
0
2. Amend Sec. 385.4 by revising paragraph (b)(1) to read as follows:
Sec. 385.4 Matter incorporated by reference.
* * * * *
(b) * * *
(1) ``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,'' April 1, 2025,
incorporation by reference approved for Sec. 385.415(b).
* * * * *
Issued under authority delegated in 49 CFR 1.87.
Derek Barrs,
Administrator.
[FR Doc. 2025-20282 Filed 11-18-25; 8:45 am]
BILLING CODE 4910-EX-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.