Incorporation by Reference; North American Standard Out-of-Service Criteria; Hazardous Materials Safety Permits (2025)

DEPARTMENT OF TRANSPORTATION <SUBAGY>Federal Motor Carrier Safety Administration</SUBAGY> <CFR>49 CFR Part 385</CFR> <DEPDOC>[Docket No. FMCSA-2025-0104]</DEPDOC> <RIN>RIN 2126-AC74</RIN> <SUBJECT>Incorporation by Reference; North American Standard Out-of-Service Criteria; Hazardous Materials Safety Permits (2025)</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). <HD SOURCE="HED">ACTION:</HD> Notice of proposed rulemaking. <SUM> <HD SOURCE="HED">SUMMARY:</HD> 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. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> Comments must be received on or before December 19, 2025. </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> You may submit comments identified by Docket Number FMCSA-2025-0104 using any of the following methods: • <E T="03">Federal eRulemaking Portal:</E> Go to <E T="03">https://www.regulations.gov/docket/FMCSA-2025-0104/document</E> . Follow the online instructions for submitting comments. • <E T="03">Mail:</E> Dockets Operations, U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, Washington, DC 20590-0001. • <E T="03">Hand Delivery or Courier:</E> 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. • <E T="03">Fax:</E> (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. <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> David Sutula, Vehicle and Roadside Operations Division, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001, (202) 961-1373, <E T="03">mcpsv@dot.gov</E> . If you have questions on viewing or submitting material to the docket, contact Dockets Operations, (202) 366-9826. </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> FMCSA organizes this notice of proposed rulemaking (NPRM) as follows: <EXTRACT> <FP SOURCE="FP-2">I. Public Participation and Request for Comments</FP> <FP SOURCE="FP1-2">A. Submitting Comments</FP> <FP SOURCE="FP1-2">B. Viewing Comments and Documents</FP> <FP SOURCE="FP1-2">C. Privacy</FP> <FP SOURCE="FP-2">II. Executive Summary</FP> <FP SOURCE="FP-2">III. Abbreviations</FP> <FP SOURCE="FP-2">IV. Legal Basis</FP> <FP SOURCE="FP-2">V. Background</FP> <FP SOURCE="FP-2">VI. Discussion of Proposed Rulemaking</FP> <FP SOURCE="FP-2">VII. Section-by-Section Analysis</FP> <FP SOURCE="FP-2">VIII. Regulatory Analyses</FP> <FP SOURCE="FP1-2">A. E.O. 12866 (Regulatory Planning and Review), E.O. 13563 (Improving Regulation and Regulatory Review), and DOT Regulatory Policies and Procedures</FP> <FP SOURCE="FP1-2">B. Advance Notice of Proposed Rulemaking</FP> <FP SOURCE="FP1-2">C. E.O. 14192 (Unleashing Prosperity Through Deregulation)</FP> <FP SOURCE="FP1-2">D. Regulatory Flexibility Act</FP> <FP SOURCE="FP1-2">E. Assistance for Small Entities</FP> <FP SOURCE="FP1-2">F. Unfunded Mandates Reform Act of 1995</FP> <FP SOURCE="FP1-2">G. Paperwork Reduction Act</FP> <FP SOURCE="FP1-2">H. E.O. 13132 (Federalism)</FP> <FP SOURCE="FP1-2">I. Privacy</FP> <FP SOURCE="FP1-2">J. E.O. 13175 (Indian Tribal Governments)</FP> <FP SOURCE="FP1-2">K. National Environmental Policy Act of 1969</FP> <FP SOURCE="FP1-2">L. Rulemaking Summary</FP> </EXTRACT> <HD SOURCE="HD1">I. Public Participation and Request for Comments</HD> <HD SOURCE="HD2">A. Submitting Comments</HD> 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 <E T="03">https://www.regulations.gov/docket/FMCSA-2025-0104/document,</E> 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 <FR>1/2</FR> by 11 inches, suitable for copying and electronic filing. FMCSA will consider all comments and material received during the comment period. <HD SOURCE="HD3">Confidential Business Information (CBI)</HD> 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 <E T="03">brian.g.dahlin@dot.gov</E> . 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. <HD SOURCE="HD2">B. Viewing Comments and Documents</HD> To view any documents mentioned as being available in the docket, go to <E T="03">https://www.regulations.gov/docket/FMCSA-2025-0104/document</E> 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. <HD SOURCE="HD2">C. Privacy</HD> 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 <E T="03">www.regulations.gov,</E> as described in the system of records notice DOT/ALL 14 (Federal Docket Management System (FDMS)), which can be reviewed at <E T="03">https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices</E> . The comments are posted without edit and are searchable by the name of the submitter. <HD SOURCE="HD1">II. Executive Summary</HD> This NPRM proposes to update an incorporation by reference found at 49 Code of Federal Regulations (CFR) 385.4(b)(1) and referenced at § 385.415(b). The provision at § 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 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, <E T="03">www.cvsa.org</E> . 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 ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 44k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━