Incorporation by Reference; North American Standard Out-of-Service Criteria; Hazardous Materials Safety Permits, 52432-52438 [2019-20905]
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Federal Register / Vol. 84, No. 191 / Wednesday, October 2, 2019 / Proposed Rules
(1) Before modifying any subcontract that
was awarded prior to July 1, 2018, involving
a pricing adjustment expected to exceed
$750,000; or
(2) Before modifying any subcontract that
was awarded on or after July 1, 2018,
involving a pricing adjustment expected to
exceed $2 million.
(d) The Contractor shall insert the
substance of this clause, including this
paragraph (d), in each subcontract that
exceeds $2 million.
9. Amend section 52.230–1 by—
a. Removing from the provision
prescription reference ‘‘30.201–3’’ and
the word ‘‘provisions’’, adding ‘‘30.201–
3(a)’’ and ‘‘provision’’ in its place
respectively;
■ b. Revising the date of the provision;
and
■ c. Removing from paragraph (a)
‘‘$750,000’’ and adding ‘‘$2 million’’ in
its place.
The revision reads as follows:
■
■
52.230–1 Cost Accounting Standards
Notices and Certification.
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*
The revision reads as follows:
52.230–4 Disclosure and Consistency of
Cost Accounting Practices—Foreign
Concerns.
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Disclosure and Consistency of Cost
Accounting Practices—Foreign Concerns
([DATE])
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13. Amend section 52.230–5 by—
a. Removing from the clause
prescription reference ‘‘30.201–4(e)’’
and adding ‘‘30.201–4(e)(1)’’ in its
place;
■ b. Revising the date of the clause; and
■ c. Removing from paragraph (d)(2)
‘‘$750,000’’ and adding ‘‘$2 million’’ in
its place.
The revision reads as follows:
■
■
52.230–5 Cost Accounting Standards—
Educational Institution.
*
*
*
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*
Cost Accounting Standards—Educational
Institution ([DATE])
*
*
Cost Accounting Standards Notices and
Certification ([DATE])
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[FR Doc. 2019–20797 Filed 10–1–19; 8:45 am]
BILLING CODE 6820–EP–P
*
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■ 10. Amend section 52.230–2 by—
■ a. Removing from the clause
prescription reference ‘‘30.201–4(a)’’
and adding ‘‘30.201–4(a)(1)’’ in its
place;
■ b. Revising the date of the clause; and
■ c. Removing from paragraph (d)
‘‘$750,000’’ and adding ‘‘$2 million’’ in
its place.
The revision reads as follows:
52.230–2
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Cost Accounting Standards.
*
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*
*
*
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11. Amend section 52.230–3 by
revising the date of the clause, and
removing from paragraph (d)(2)
‘‘$750,000’’ and adding ‘‘$2 million’’ in
its place.
The revision reads as follows:
■
52.230–3 Disclosure and Consistency of
Cost Accounting Practices.
*
*
*
*
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Disclosure and Consistency of Cost
Accounting Practices ([DATE])
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*
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12. Amend section 52.230–4 by—
a. Removing from the clause
prescription reference ‘‘30.201–4(c)’’
and adding ‘‘30.201–4(c)(1)’’ in its
place;
■ b. Revising the date of the clause; and
■ c. Removing from paragraph (d)(2)
‘‘$750,000’’ and adding ‘‘$2 million’’ in
its place.
■
■
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Federal Motor Carrier Safety
Administration
49 CFR Part 385
[Docket No. FMCSA–2019–0068]
RIN 2126–AC28
Incorporation by Reference; North
American Standard Out-of-Service
Criteria; Hazardous Materials Safety
Permits
Cost Accounting Standards ([DATE])
*
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of proposed rulemaking.
AGENCY:
FMCSA proposes to amend its
Hazardous Materials Safety Permits
regulations to incorporate by reference
the updated Commercial Vehicle Safety
Alliance (CVSA) handbook. The Out-ofService Criteria provide enforcement
personnel nationwide, including
FMCSA’s State partners, with uniform
enforcement tolerances for roadside
inspections. Currently, the regulations
reference the April 1, 2018, edition of
the handbook. Through this document,
FMCSA proposes to incorporate by
reference the April 1, 2019, edition.
DATES: Comments on this document
must be received on or before November
1, 2019.
ADDRESSES: You may submit comments
identified by Docket Number FMCSA–
SUMMARY:
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2019–0068 using any of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Mail: Docket Management Facility,
U.S. Department of Transportation, 1200
New Jersey Avenue SE, West Building,
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery or Courier: West
Building, Ground Floor, Room W12–
140, 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
• Fax: 202–493–2251.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
instructions on submitting comments,
including collection of information
comments for the Office of Information
and Regulatory Affairs, OMB.
FOR FURTHER INFORMATION CONTACT: Mr.
Michael Huntley, Chief, Vehicle and
Roadside Operations Division, Federal
Motor Carrier Safety Administration,
1200 New Jersey Avenue SE,
Washington, DC 20590–0001 by
telephone at (202) 366–9209 or by email
at michael.huntley@dot.gov. If you have
questions on viewing or submitting
material to the docket, contact Docket
Services, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION: This
notice of proposed rulemaking (NPRM)
is organized as follows:
I. Public Participation and Request for
Comments
A. Submitting Comments
B. Viewing Comments and Documents
C. Privacy Act
D. Advance Notice of Proposed
Rulemaking Not Required
II. Executive Summary
III. Legal Basis for the Rulemaking
IV. Background
V. Discussion of Proposed Rulemaking
VI. International Impacts
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. E.O. 13771 Reducing Regulation and
Controlling Costs
C. Regulatory Flexibility Act (Small
Entities)
D. Assistance for Small Entities
E. Unfunded Mandates Reform Act of 1995
F. Paperwork Reduction Act
G. E.O. 13132 (Federalism)
H. E.O. 12988 (Civil Justice Reform)
I. E.O. 13045 (Protection of Children)
J. E.O. 12630 (Taking of Private Property)
K. Privacy
L. E.O. 12372 (Intergovernmental Review)
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M. E.O. 13211 (Energy Supply,
Distribution, or Use)
N. E.O. 13175 (Indian Tribal Governments)
O. National Technology Transfer and
Advancement Act (Technical Standards)
P. Environment (National Environmental
Policy Act)
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I. Public Participation and Request for
Comments
A. Submitting Comments
If you submit a comment, please
include the docket number for this
NPRM (Docket No. FMCSA–2019–
0068), indicate the specific section of
this document to which each 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 that FMCSA can contact you if there
are questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, put the
docket number, FMCSA–2019–0068, in
the keyword box, and click ‘‘Search.’’
When the new screen appears, click on
the ‘‘Comment Now!’’ button and type
your comment into the text box on the
following screen. Choose whether you
are submitting your comment as an
individual or on behalf of a third party
and then submit.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the facility,
please enclose a stamped, self-addressed
postcard or envelope.
FMCSA will consider all comments
and material received during the
comment period and may change this
proposed rule based on your comments.
FMCSA may issue a final rule at any
time after the close of the comment
period.
Confidential Business Information
Confidential Business Information
(CBI) is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to this 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 this NPRM, it is important
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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 FOIA, and they
will not be placed in the public docket
of this NPRM. Submissions containing
CBI should be sent to Mr. Brian Dahlin,
Chief, Regulatory Analysis Division,
Federal Motor Carrier Safety
Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590. Any
comments FMCSA receives which are
not specifically designated as CBI will
be placed in the public docket for this
rulemaking.
B. Viewing Comments and Documents
To view comments, as well as any
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov. Insert the
docket number, FMCSA–2019–0068, in
the keyword box, and click ‘‘Search.’’
Next, click the ‘‘Open Docket Folder’’
button and choose the document to
review. If you do not have access to the
internet, you may view the docket
online by visiting the Docket
Management Facility in Room W12–140
on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE,
Washington, DC 20590, between 9 a.m.
and 5 p.m., e.t., Monday through Friday,
except Federal holidays.
C. Privacy Act
In accordance with 5 U.S.C. 553(c),
DOT solicits comments from the public
to better inform its rulemaking process.
DOT posts these comments, without
edit, including any personal information
the commenter provides, to
www.regulations.gov, as described in
the system of records notice (DOT/ALL–
14 FDMS), which can be reviewed at
www.dot.gov/privacy.
D. Advance Notice of Proposed
Rulemaking Not Required
Under 49 U.S.C. 31136(g), FMCSA is
required to publish an advance notice of
proposed rulemaking (ANPRM) if a
proposed rule is likely to lead to the
promulgation of a major rule, unless the
Agency either develops the proposed
rule through a negotiated rulemaking
process or finds good cause that an
ANPRM is impracticable, unnecessary,
or contrary to the public interest. To be
a major rule, a rule must result in or be
likely to result in: (1) ‘‘an annual effect
on the economy of $100,000,000 or
more;’’ (2) ‘‘a major increase in costs or
prices for consumers, individual
industries, Federal, State, or local
government agencies, or geographic
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regions;’’ or (3) ‘‘significant adverse
effects on competition, employment,
investment, productivity, innovation, or
on the ability of United States-based
enterprises to compete with foreignbased enterprises in domestic and
export markets.’’ 5 U.S.C. 804(2). This
proposed rule does not meet the criteria
of a major rule because it simply
incorporates by reference updates to the
2018 CVSA handbook edition made on
April 1, 2019, which, as described
below, are largely editorial and provide
clarity and guidance to inspectors and
motor carriers transporting transuranics.
Therefore, this proposed rule is not
likely to lead to the promulgation of a
major rule and does not require an
ANPRM.
II. Executive Summary
This rulemaking proposes to update
an incorporation by reference found at
49 CFR 385.4 and referenced at 49 CFR
385.415(b). The provision at § 385.4(b)
currently references the April 1, 2018,
edition of CVSA’s handbook titled
‘‘North American Standard Out-ofService Criteria and Level VI Inspection
Procedures and Out-of-Service Criteria
for Commercial Highway Vehicles
Transporting Transuranics and Highway
Route Controlled Quantities of
Radioactive Materials as defined in 49
CFR part 173.403.’’ The Out-of-Service
Criteria, while not regulations, provide
enforcement personnel nationwide,
including FMCSA’s State partners, with
uniform enforcement tolerances for
roadside inspections. In this
rulemaking, FMCSA proposes to
incorporate by reference the April 1,
2019 edition of the handbook.
Thirteen (13) updates distinguish the
April 1, 2019, handbook edition from
the 2018 edition. The incorporation by
reference of the 2019 edition does not
impose new regulatory requirements.
III. Legal Basis for the Rulemaking
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 motor carrier
safety permits, the Secretary of
Transportation is required to
promulgate regulations as part of a
comprehensive safety program on
hazardous materials safety permits. The
FMCSA Administrator has been
delegated authority under 49 CFR
1.87(d)(2) to carry out the rulemaking
functions vested in the Secretary of
Transportation. Consistent with that
authority, FMCSA has promulgated
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regulations to address the congressional
mandate on hazardous materials. Those
regulations on hazardous materials are
the underlying provisions to which the
material incorporated by reference
discussed in this NPRM is applicable.
IV. Background
In 1986, the U.S. Department of
Energy (DOE) and CVSA entered into a
cooperative agreement to develop a
higher level of inspection procedures,
out-of-service conditions and/or criteria,
an inspection decal, and a training and
certification program for inspectors to
conduct inspections on shipments of
transuranic waste and highway route
controlled quantities of radioactive
material. 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 highway route controlled
quantities of radioactive material are
regulated by the U.S. Department of
Transportation. All highway route
controlled quantities of radioactive
material must pass the North American
Standard Level VI Inspection prior to
the shipment being allowed to travel in
the U.S. All highway route controlled
quantities of radioactive material
shipments entering the U.S. must also
pass the North American Standard Level
VI Inspection either at the shipment’s
point of origin or when the shipment
enters the U.S.
Section 385.415 of title 49, Code of
Federal Regulations, prescribes
operational requirements for motor
carriers transporting hazardous
materials for which a hazardous
materials safety permit is required.
Section 385.415(b)(1) requires that
motor carriers ensure a pre-trip
inspection is performed on each motor
vehicle to be used to transport a
highway route controlled quantity 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
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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 2012–2017 data from
FMCSA’s Motor Carrier Management
Information System (MCMIS),
approximately 3.5 million Level I—
Level VI roadside inspections were
performed annually. Nearly 97 percent
of these were Level I,1 Level II,2 and
Level III 3 inspections. During the same
period, an average of 842 Level VI
inspections were performed annually,
comprising only 0.024 percent of all
roadside inspections. On average, outof-service violations were cited in only
10 Level VI inspections annually (1.19
percent), whereas on average, out-ofservice violations were cited in 269,024
Level I inspections (25.3 percent),
266,122 Level II inspections (22.2
percent), and 66,489 Level III
inspections (6.2 percent) annually.
Based on these statistics, CMVs
transporting transuranics and highway
route controlled quantities of
radioactive materials are clearly among
the best maintained and safest CMVs on
the highways today, due largely to the
enhanced oversight and inspection of
these vehicles because of the sensitive
nature of the cargo being transported.
V. Discussion of Proposed Rulemaking
Section 385.4(b)(1), as amended on
July 8, 2019, references the April 1,
2018, edition of the CVSA handbook.
This rule proposes to amend
§ 385.4(b)(1) by replacing the reference
to the April 1, 2018, edition date with
a reference to the new edition date of
April 1, 2019.
The changes made in the 2019 edition
of the handbook 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. Amending § 385.4(b),
ensures that the publication is available
for interested parties to view at the
FMCSA’s Washington, DC office and
that the publication may be purchased
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/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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from the CVSA’s website address, mail
address, and phone.
April 1, 2019, Changes
The 2019 edition identifies (1) driverrelated violations of the FMCSRs that
are so severe as to warrant placing the
CMV driver out of service, (2) vehicle
equipment-related violations of the
FMCSRs that are so severe as to warrant
placing the CMV out of service, and (3)
unsafe conditions in the transportation
of hazardous materials. The purpose of
the publication is to provide inspection
criteria for Federal and State motor
carrier safety enforcement personnel to
promote uniform and consistent
inspection procedures of CMVs
operated in commerce.
Thirteen changes to the 2019 edition
of the CVSA handbook distinguish it
from the April 1, 2018 edition. The first
change amended Part I, Item 4(a) to
clarify that a driver operating a CMV
without complying with the
requirements indicated on a Skill
Performance Evaluation (SPE)
Certificate shall be declared out of
service. Currently, the Out-of-Service
Criteria state that a driver will be placed
out of service for ‘‘No skill performance
evaluation in possession, when
required.’’ The CVSA Driver-Traffic
Enforcement Committee agreed that
operating a CMV without complying
with the requirements indicated on the
SPE (e.g., the driver possesses an SPE
requiring a prosthetic limb, but is not
using the prosthetic limb while driving)
is as serious as not having the SPE in
possession when required. Part I, Item
4(a) was amended to read ‘‘No skill
performance evaluation in possession,
when required, or when operating a
commercial motor vehicle without
complying with the requirements
indicated on the skill performance
evaluation.’’ This clarification is not
expected to have any effect on the
number of out-of-service violations cited
during Level VI inspections.
The second change amended the Outof-Service Criteria Part II Policy
Statement to address a discrepancy
between language in CVSA Operational
Policy 5 and the Out-of-Service Criteria
Part II Policy Statement regarding
removing or replacing a CVSA decal.
Operational Policy 5 states that any
expired CVSA decal shall be removed
before a new CVSA decal is affixed.
However, prior to the amendment, the
Policy Statement in Part II of the Outof-Service Criteria stated that ‘‘a current
CVSA decal shall be affixed and no
other CVSA decals shall be visible.’’ As
such, the language in the Out-of-Service
Criteria allowed an existing decal to be
covered up rather than removed, while
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the language in the Operation Policy
does not. CVSA noted that covering up
expired decals is problematic because
colors can show on the corners and new
decals layered on the vehicle can be
easily removed. It was determined that
removing old decals first is most
appropriate, and the Policy Statement in
Part II of the Out-of-Service Criteria was
amended to reflect the same guidance
that is in Operational Policy 5. This
amendment will not have any effect on
the number of out-of-service violations
cited during Level VI inspections.
The third change amended Part II,
Item 1(g)(2) to clarify that a vehicle
should be placed out of service if any
rotor (disc) has a crack in length of more
than 75 percent of the friction surface
and passes completely through a
structural support connecting the rotor
friction surfaces. The CVSA Vehicle
Committee received information from a
Society of Engineers workgroup
indicating that a collapse of the rotor is
imminent if there is a crack through the
vents, and the vehicle should be placed
out of service. Part II, Item 1(g)(2) was
amended to clarify that a vehicle should
be placed out of service if any rotor
(disc) has ‘‘a crack in length of more
than 75 percent of the friction surface
and passes completely through the rotor
to the center vent from either side, or
completely through a solid rotor, or
completely through a structural support
connecting the rotor friction surfaces.’’
A picture was added to clearly outline
the condition of the rotor. FMCSA
records indicate that no out-of-service
violations have been issued regarding
brake drums and rotors (discs) as a
result of a Level VI inspection in the
past 3 years, demonstrating that motor
carriers transporting transuranics and
highway route controlled quantities of
radioactive materials ensure that this
component is well maintained and in
safe and proper operating condition at
all times. The changes are intended to
ensure clarity in the presentation of the
out-of-service conditions and are not
expected to affect the number of out-ofservice violations cited during Level VI
inspections.
The fourth change amended the Cargo
Securement section of the Out-ofService Criteria (Part II, Item 2) to add
headings to subparagraphs (a)–(f),
consistent with the other sections of the
Out-of-Service Criteria. The new
headings are intended to help with the
uniformity of content, as well as to
make it easier to distinguish between
the different sections of the Out-ofService Criteria. This amendment is
editorial in nature and will not have any
effect on the number of out-of-service
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violations cited during Level VI
inspections.
The fifth change amended the Out-ofService Criteria Tiedown Defect Table
by adding language to address a new
type of tiedown used in cargo
securement applications. Doleco USA
has developed a new cargo and
equipment securement tiedown
assembly comprised of synthetic chain
links of Ultra High Molecular Weight
Poly Ethylene (UHMWPE) Dyneema®
webbing with specialized hooks and
binders. The high-performance webbing
is as strong as steel chain link but
weighs up to 85 percent less. Due to the
unique nature of its synthetic links, the
manufacturer also provides product
specific hooks/fittings for securing the
tiedown ends and a specialized load
tensioner for tightening. CVSA
developed an Inspection Bulletin
outlining the characteristics and use of
the Doleco USA textile link system. The
Out-of-Service Criteria Tiedown Defect
Table was amended, consistent with the
information provided in the CVSA
Inspection Bulletin, to ensure that an
inspector can adequately determine if
the tiedown is defective once it is in
use. Because of the sensitive nature of
the cargo being transported, motor
carriers transporting transuranics and
highway route controlled quantities of
radioactive materials are especially
diligent regarding use of tiedowns that
do not have any defects, as evidenced
by the lack of any out-of-service
violations cited for defective tiedowns
during inspections conducted between
2012–2017. As such, this amendment is
not expected to have any effect on the
number of out-of-service violations cited
during Level VI inspections.
The sixth change amended Part II,
Item 4(b)(3) to clarify that any broken
bearing strap on a universal joint of a
driveline/driveshaft would constitute
the same imminent hazard as a missing,
broken, or loose retainer bolt, and a
vehicle with this condition should be
placed out of service. Part II, Item
4(b)(3) was amended to read ‘‘Any
missing, broken or loose universal joint
bearing cap bolt, bearing strap or
retainer bolt,’’ and a descriptive label
was added to the current picture of a
universal joint in the Out-of-Service
Criteria to help identify and clarify a
bearing strap. FMCSA records indicate
that no out-of-service violations have
been issued regarding universal joints as
a result of a Level VI inspection in the
past 3 years, demonstrating that motor
carriers transporting transuranics and
highway route controlled quantities of
radioactive materials ensure that this
component is well maintained and in
safe and proper operating condition at
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all times. The changes are intended to
ensure clarity in the presentation of the
out-of-service conditions and are not
expected to affect the number of out-ofservice violations cited during Level VI
inspections.
The seventh change amended Part II
of the Out-of-Service Criteria to add a
new section regarding temporary driver
seats. The CVSA Vehicle Committee
approved the addition of a new out of
service condition for vehicles using any
temporary seating for the driver, as
opposed to a permanent seat that is
secured to the vehicle in a workmanlike
manner. Temporary seating includes,
but is not limited to, a milk crate, lawn
chair, patio chair, folding chair, plastic
step-stool, or a cooler. The Out-ofService Criteria were amended to
include a new item, Part II, Item 4.
DRIVER’S SEAT, a. Temporary Seating,
to read ‘‘Any vehicle that has temporary
seating for the driver.’’ 4 A note was also
added to this section to provide the list
of things that may constitute temporary
seating. As noted above, CMVs
transporting transuranics and highway
route controlled quantities of
radioactive materials are among the best
maintained and safest CMVs on the
highways today, due largely to the
enhanced oversight and inspection of
these vehicles because of the sensitive
nature of the cargo being transported.
FMCSA believes that it is highly
unlikely that the CMVs transporting
these sensitive commodities will be
equipped with temporary seating for the
driver, and as such, the Agency does not
expect the addition of this item to the
Out-of-Service Criteria to affect the
number of out-of-service violations cited
during Level VI inspections.
The eighth change amended the
Exhaust Systems section of the Out-ofService Criteria (Part II, Item 5) to add
headings to subparagraphs (a)–(d),
consistent with the other sections of the
Out-of-Service Criteria. The new
headings are intended to help with the
uniformity of content, as well as to
make it easier to distinguish between
the different sections of the Out-ofService Criteria. This amendment is
editorial in nature and will not have any
effect on the number of out-of-service
violations cited during Level VI
inspections.
The ninth change amended Part II,
Item 6 to include subsection (5) in the
note that was already contained in the
Out-of-Service Criteria. The CVSA
Passenger Carrier Committee, in
consultation with manufacturers,
4 This addition results in the renumbering of all
the Critical Vehicle Inspection Items in the Out-ofService Criteria from Driveline/Driveshaft forward.
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Federal Register / Vol. 84, No. 191 / Wednesday, October 2, 2019 / Proposed Rules
determined that subsection (5) should
not pertain to buses having monocoquestyle frames. The note to Part II, Item 6
was amended to read ‘‘Items (1) and (2)
apply to all buses, including those
having unitized (monocoque)
construction. Items (3), (4) and (5) apply
only to buses having a body-on-chassis
design, such as most school buses.’’ As
this change applies only to buses, it will
not have any effect on the number of
out-of-service violations cited during
Level VI inspections, which are
applicable to carriers transporting
transuranics and highway route
controlled quantities of radioactive
materials.
The tenth change amended Part II,
Item 9 to add language to address nonmanufactured holes in the drag link of
the steering system. Following a
recommendation from industry
partners, the CVSA Vehicle Committee
determined that when a drag link is
sufficiently worn to cause a nonmanufactured hole, the link could
buckle and lead to the loss of steering
control. Based on the above, if a vehicle
is found to have a non-manufactured
hole in a drag link, the vehicle should
be placed out of service, and the Outof-Service Criteria were amended to add
a new subparagraph (3) to Part II, Item
9(h) to read ‘‘When a drag link is so
worn to cause a non-manufactured
hole.’’ FMCSA records indicate that no
out-of-service violations have been
issued regarding steering systems as a
result of a Level VI inspection in the
past 3 years, demonstrating that motor
carriers transporting transuranics and
highway route controlled quantities of
radioactive materials ensure that this
component is well maintained and in
safe and proper operating condition at
all times. The changes are intended to
ensure clarity in the presentation of the
out-of-service conditions and are not
expected to affect the number of out-ofservice violations cited during Level VI
inspections.
The eleventh change amended the
title of Part II, Item 15, applicable to
buses, motorcoaches, passenger vans, or
other passenger-carrying vehicles, to
clarify that the seating requirements in
subparagraph (c) of that item apply to
temporary and aisle seats only. As this
change applies only to passengercarrying vehicles, it will not have any
effect on the number of out-of-service
violations cited during Level VI
inspections, which are applicable to
carriers transporting transuranics and
highway route controlled quantities of
radioactive materials.
The twelfth change amended Part III,
Items (1)–(10) to make the formatting of
this section consistent with the
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remainder of the Out-of-Service Criteria,
and to remove redundant language
related to hazardous and dangerous
materials inspection standards. This
amendment is editorial in nature and
will not have any effect on the number
of out-of-service violations cited during
Level VI inspections.
The thirteenth change amended the
North American Standard Out-ofService Criteria and Level VI Inspection
Procedures to add a note to Item 30,
Trupact II Package Tiedown Assemblies.
The CVSA Level VI Inspection Program
Committee added a note to address
empty packages that may be transported
with loaded packages during a Level VI
inspection, noting that an empty
package (TRUPACT II/HALFPACT)
shall be subject to the same tiedown
requirements as those applicable to a
loaded package when transported and
inspected during a Level VI inspection.
FMCSA records indicate that no out-ofservice violations have been issued
regarding securement of packages as a
result of a Level VI inspection in the
past 3 years, demonstrating that motor
carriers transporting transuranics and
highway route controlled quantities of
radioactive materials ensure that
packages are properly secured at all
times. The changes are intended to
ensure clarity in the presentation of the
out-of-service conditions, and are not
expected to affect the number of out-ofservice violations cited during Level VI
inspections.
VI. International Impacts
The FMCSRs, and any exceptions to
the FMCSRs, apply only within the
United States (and, in some cases,
United States territories). Motor carriers
and drivers are subject to the laws and
regulations of the countries in which
they operate, unless an international
agreement states otherwise. Drivers and
carriers should be aware of the
regulatory differences among nations.
The CVSA is an organization
representing Federal, State and
Provincial motor carrier safety
enforcement agencies in the United
States, Canada and Mexico. The Out-ofService Criteria provide uniform
enforcement tolerances for roadside
inspections conducted in all three
countries.
VII. Section-by-Section Analysis
Section 385.4
Reference
Matter Incorporated by
Section 385.4(b), as amended on July
8, 2019, references the April 1, 2018,
edition of the CVSA handbook. This
proposed rule would replace the
reference to the April 1, 2018, edition
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date with a reference to the new edition
date of April 1, 2019.
VIII. Regulatory Analyses
A. Executive Order (E.O.) 12866
(Regulatory Planning and Review), E.O.
13563 (Improving Regulation and
Regulatory Review), and DOT
Regulatory Policies and Procedures
FMCSA has determined that this
action is not a significant regulatory
action under section 3(f) of E.O. 12866,
Regulatory Planning and Review, as
supplemented by E.O. 13563 (76 FR
3821, January 21, 2011). The Office of
Management and Budget (OMB) did not,
therefore, review this document.
FMCSA also determined that the
proposed rule does not warrant formal
analysis of costs and benefits under
DOT Policies and Procedures for
Rulemaking [DOT Order 2100.6 dated
December 20, 2018, section 11(e)(1)].
The proposed rule, if finalized, would
update an incorporation by reference
from the April 1, 2018, edition to the
April 1, 2019, edition of CVSA’s
handbook titled ‘‘North American
Standard Out-of-Service Criteria and
Level VI Inspection Procedures and Outof-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 roadside inspections performed
from 2012 to 2017 and determined that
the handbook updates would not have
any effect on the number of out-ofservice violations cited during Level VI
inspections. Therefore, the impact of a
final rule would be de minimis.
B. E.O. 13771 Reducing Regulation and
Controlling Regulatory Costs
E.O. 13771, ‘‘Reducing Regulation and
Controlling Regulatory Costs,’’ does not
apply to this action because it is not a
significant regulatory action, as defined
in section 3(f) of E.O. 12866.
C. Regulatory Flexibility Act (Small
Entities)
The Regulatory Flexibility Act of 1980
(RFA), Public Law 96–354, 94 Stat. 864
(1980), as amended by the Small
Business Regulatory Enforcement
Fairness Act of 1996 (SBREFA) (5 U.S.C.
601 et seq.), 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. The term
‘‘small entities’’ comprises small
businesses and not-for-profit
organizations that are independently
owned and operated and are not
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Federal Register / Vol. 84, No. 191 / Wednesday, October 2, 2019 / Proposed Rules
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.5 In
compliance with the RFA, FMCSA
evaluated the effects of the proposed
rule on small entities. The proposed
rule incorporates by reference updates
to the 2018 CVSA handbook edition
made on April 1, 2019, which, as
described above, are largely editorial
and provide clarity and guidance to
inspectors and motor carriers
transporting transuranics. 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 entities.
None of the updates from the 2018
edition imposes new requirements or
makes substantive changes to the
FMCSRs.
When an Agency issues a rulemaking
proposal, the RFA requires the Agency
to ‘‘prepare and make available an
initial regulatory flexibility analysis’’
that will describe the impact of the
proposed rule on small entities (5 U.S.C
603(a)). 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 is largely editorial
and provides guidance to inspectors and
motor carriers transporting transuranics
in interstate commerce. Accordingly, I
hereby certify that if promulgated, this
proposed rule will not have a significant
economic impact on a substantial
number of small entities. FMCSA
invites comments from anyone who
believes there will be a significant
impact on small entities from this
action.
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D. Assistance for Small Entities
In accordance with section 213(a) of
the Small Business Regulatory
Enforcement Fairness Act of 1996,
FMCSA wants to assist small entities in
understanding this rule so that they can
better evaluate its effects. If the rule will
affect your small business, organization,
or governmental jurisdiction and you
have questions concerning its
provisions, please consult the FMCSA
point of contact, Michael Huntley, listed
in the FOR FURTHER INFORMATION
CONTACT section of this rule.
E. Unfunded Mandates Reform Act of
1995
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions.
The Act addresses actions that may
55
U.S.C. 601.
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16:10 Oct 01, 2019
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result in the expenditure by a State,
local, or tribal government, in the
aggregate, or by the private sector, of
$165 million (which is the value
equivalent to $100,000,000 in 1995,
adjusted for inflation to 2018 levels) or
more in any one year. This proposed
rule will not result in such an
expenditure.
F. Paperwork Reduction Act
Under the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), Federal
agencies must obtain approval from the
OMB for each collection of information
they conduct, sponsor, or require
through regulations. FMCSA
determined that no new information
collection requirements are associated
with this proposed rule.
G. E.O. 13132 (Federalism)
A rule has implications for
Federalism under Section 1(a) of
Executive Order 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.’’
FMCSA analyzed this proposed rule
and determined that it does not have
implications for federalism.
H. E.O. 12988 (Civil Justice Reform)
This proposed rule meets applicable
standards in sections 3(a) and 3(b)(2) of
E.O. 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
I. E.O. 13045 (Protection of Children)
E.O. 13045, Protection of Children
from Environmental Health Risks and
Safety Risks (62 FR 19885, April 23,
1997), requires agencies issuing
‘‘economically significant’’ rules to
include an evaluation of their
environmental health and safety effects
on children, if the agency has reason to
believe that the rule may
disproportionately affect children. The
Agency determined this proposed rule
is not economically significant.
Therefore, no analysis of the impacts on
children is required. In any event, the
Agency does not anticipate that this
regulatory action could pose an
environmental or safety risk that could
affect children disproportionately.
J. E.O. 12630 (Taking of Private
Property)
FMCSA reviewed this proposed rule
in accordance with E.O. 12630,
Governmental Actions and Interference
with Constitutionally Protected Property
Rights, and has determined it will not
PO 00000
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Fmt 4702
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52437
effect a taking of private property or
otherwise have taking implications.
K. Privacy
Section 522 of title I of division H of
the Consolidated Appropriations Act,
2005, enacted December 8, 2004 (Pub. L.
108–447, 118 Stat. 2809, 3268, 5 U.S.C.
552a note), requires the Agency to
conduct a privacy impact assessment of
a regulation that will affect the privacy
of individuals. This proposed rule does
not require the collection of personally
identifiable information or affect the
privacy of individuals.
L. E.O. 12372 (Intergovernmental
Review)
The regulations implementing E.O.
12372 regarding intergovernmental
consultation on Federal programs and
activities do not apply to this proposed
rule.
M. E.O. 13211 (Energy Supply,
Distribution, or Use)
FMCSA has analyzed this proposed
rule under E.O. 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. The Agency has
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. Therefore, it does not require a
Statement of Energy Effects.
N. E.O. 13175 (Indian Tribal
Governments)
This proposed rule 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.
O. National Technology Transfer and
Advancement Act (Technical
Standards)
The National Technology Transfer
and Advancement Act (15 U.S.C. 272
note) directs agencies to use voluntary
consensus standards in their regulatory
activities unless the agency provides
Congress, through OMB, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards (e.g.,
specifications of materials, performance,
design, or operation; test methods;
sampling procedures; and related
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Federal Register / Vol. 84, No. 191 / Wednesday, October 2, 2019 / Proposed Rules
management systems practices) are
standards that are developed or adopted
by voluntary consensus standards
bodies. FMCSA does not intend to adopt
its own technical standard, thus there is
no need to submit a separate statement
to OMB on this matter. The standard
being incorporated in this proposed rule
is discussed in detail in sections V,
Discussion of Proposed Rulemaking,
and VII, Section by Section Analysis,
and is reasonably available at FMCSA
and through the CVSA website.
P. Environment (National
Environmental Policy Act)
FMCSA analyzed this rule consistent
with 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 FMCSA Order 5610.1
(69 FR 9680, March 1, 2004), Appendix
2, paragraph (6)(b). This Categorical
Exclusion (CE) covers minor revisions to
regulations. The content in this
proposed rule is covered by this CE,
there are no extraordinary
circumstances present, and the
proposed action does not have any
effect on the quality of the environment.
The CE determination is available for
inspection or copying in the
Regulations.gov website listed under
ADDRESSES.
List of Subjects in 49 CFR Part 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
1. The authority citation for part 385
is revised to read as follows:
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■
Authority: 49 U.S.C. 113, 504, 521(b),
5105(d), 5109, 5113 13901–13905, 13908,
31135, 31136, 31144, 31148, and 31502; Sec.
113(a), Pub. L. 103–311, 108 Stat. 1673, 1676;
Sec. 408, Pub. L. 104–88, 109 Stat. 803, 958;
Sec. 350 of Pub. L. 107–87, 115 Stat. 833,
864; and 49 CFR 1.87.
2. Revise § 385.4(b)(1) to read as
follows:
■
§ 385.4
Matter incorporated by reference.
*
*
*
*
*
(b) * * *
(1) ‘‘North American Standard Out-ofService Criteria and Level VI Inspection
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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, 2019,
incorporation by reference approved for
§ 385.415(b).
*
*
*
*
*
Issued under authority delegated in 49 CFR
1.87 on:
Dated: September 19, 2019.
Raymond P. Martinez,
Administrator.
[FR Doc. 2019–20905 Filed 10–1–19; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 190925–0045]
RIN 0648–BI84
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico;
Amendments 50A–F
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes to implement
management measures described in
Amendments 50A, 50B, 50C, 50D, 50E,
and 50F to the Fishery Management
Plan for Reef Fish Resources in the Gulf
of Mexico (FMP), as prepared by the
Gulf of Mexico Fishery Management
Council (Council)(Amendments 50A–F).
This proposed rule would delegate
authority to Louisiana, Mississippi,
Alabama, Florida, and Texas (Gulf
states), to establish specific management
measures for the harvest of red snapper
in Federal waters in the Gulf of Mexico
(Gulf) by the private angling component
of the recreational sector. The purposes
of this proposed rule and Amendments
50A–F are to increase fishing
opportunities and economic benefits by
allowing each Gulf state to establish
specific management measures for the
recreational harvest of red snapper in
Federal waters by private anglers
landing in that state.
DATES: Written comments must be
received on or before November 1, 2019.
ADDRESSES: You may submit comments
on this proposed rule identified by
SUMMARY:
PO 00000
Frm 00055
Fmt 4702
Sfmt 4702
‘‘NOAA–NMFS–2017–0122’’ by either
of the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;
D=NOAA-NMFS-2017-0122, click the
‘‘Comment Now!’’ icon, complete the
required fields, and enter or attach your
comments.
• Mail: Submit written comments to
Lauren Waters, NMFS Southeast
Regional Office, 263 13th Avenue
South, St. Petersburg, FL 33701.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
Electronic copies of Amendments
50A–F may be obtained from the
website: https://www.fisheries.noaa.gov/
action/amendment-50a-f-statemanagement-program-recreational-redsnapper. Amendments 50A–F includes
an environmental impact statement,
fishery impact statement, regulatory
impact review, and a Regulatory
Flexibility Act (RFA) analysis.
FOR FURTHER INFORMATION CONTACT:
Lauren Waters, NMFS Southeast
Regional Office, telephone: 727–824–
5305; email: lauren.waters@noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS and
the Council manage the Gulf reef fish
fishery, which includes red snapper,
under the FMP. The Council prepared
the FMP and NMFS implements the
FMP through regulations at 50 CFR part
622 under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act).
Background
The red snapper stock annual catch
limit (ACL) is divided into commercial
(51 percent) and recreational (49
percent) sector allocations. In 2015,
though Amendment 40 to the FMP, the
recreational sector was separated into a
private angling component and a
Federal charter vessel and headboat (forhire) component until 2022 (80 FR
22422, April 22, 2015). Within the
recreational sector, the recreational ACL
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]]>Agencies
[Federal Register Volume 84, Number 191 (Wednesday, October 2, 2019)]
[Proposed Rules]
[Pages 52432-52438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20905]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 385
[Docket No. FMCSA-2019-0068]
RIN 2126-AC28
Incorporation by Reference; North American Standard Out-of-
Service Criteria; Hazardous Materials Safety Permits
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: FMCSA proposes to amend its Hazardous Materials Safety Permits
regulations to incorporate by reference the updated Commercial Vehicle
Safety Alliance (CVSA) handbook. The Out-of-Service Criteria provide
enforcement personnel nationwide, including FMCSA's State partners,
with uniform enforcement tolerances for roadside inspections.
Currently, the regulations reference the April 1, 2018, edition of the
handbook. Through this document, FMCSA proposes to incorporate by
reference the April 1, 2019, edition.
DATES: Comments on this document must be received on or before November
1, 2019.
ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2019-0068 using any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments.
Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays.
Fax: 202-493-2251.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section for instructions on submitting
comments, including collection of information comments for the Office
of Information and Regulatory Affairs, OMB.
FOR FURTHER INFORMATION CONTACT: Mr. Michael Huntley, Chief, Vehicle
and Roadside Operations Division, Federal Motor Carrier Safety
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-0001 by
telephone at (202) 366-9209 or by email at [email protected]. If
you have questions on viewing or submitting material to the docket,
contact Docket Services, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION: This notice of proposed rulemaking (NPRM) is
organized as follows:
I. Public Participation and Request for Comments
A. Submitting Comments
B. Viewing Comments and Documents
C. Privacy Act
D. Advance Notice of Proposed Rulemaking Not Required
II. Executive Summary
III. Legal Basis for the Rulemaking
IV. Background
V. Discussion of Proposed Rulemaking
VI. International Impacts
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. E.O. 13771 Reducing Regulation and Controlling Costs
C. Regulatory Flexibility Act (Small Entities)
D. Assistance for Small Entities
E. Unfunded Mandates Reform Act of 1995
F. Paperwork Reduction Act
G. E.O. 13132 (Federalism)
H. E.O. 12988 (Civil Justice Reform)
I. E.O. 13045 (Protection of Children)
J. E.O. 12630 (Taking of Private Property)
K. Privacy
L. E.O. 12372 (Intergovernmental Review)
[[Page 52433]]
M. E.O. 13211 (Energy Supply, Distribution, or Use)
N. E.O. 13175 (Indian Tribal Governments)
O. National Technology Transfer and Advancement Act (Technical
Standards)
P. Environment (National Environmental Policy Act)
I. Public Participation and Request for Comments
A. Submitting Comments
If you submit a comment, please include the docket number for this
NPRM (Docket No. FMCSA-2019-0068), indicate the specific section of
this document to which each 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 that FMCSA can contact you if there are questions
regarding your submission.
To submit your comment online, go to https://www.regulations.gov,
put the docket number, FMCSA-2019-0068, in the keyword box, and click
``Search.'' When the new screen appears, click on the ``Comment Now!''
button and type your comment into the text box on the following screen.
Choose whether you are submitting your comment as an individual or on
behalf of a third party and then submit.
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. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
FMCSA will consider all comments and material received during the
comment period and may change this proposed rule based on your
comments. FMCSA may issue a final rule at any time after the close of
the comment period.
Confidential Business Information
Confidential Business Information (CBI) is commercial or financial
information that is both customarily and actually treated as private by
its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552),
CBI is exempt from public disclosure. If your comments responsive to
this 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 this 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 FOIA, and they will not be placed
in the public docket of this NPRM. Submissions containing CBI should be
sent to Mr. Brian Dahlin, Chief, Regulatory Analysis Division, Federal
Motor Carrier Safety Administration, 1200 New Jersey Avenue SE,
Washington, DC 20590. Any comments FMCSA receives which are not
specifically designated as CBI will be placed in the public docket for
this rulemaking.
B. Viewing Comments and Documents
To view comments, as well as any documents mentioned in this
preamble as being available in the docket, go to https://www.regulations.gov. Insert the docket number, FMCSA-2019-0068, in the
keyword box, and click ``Search.'' Next, click the ``Open Docket
Folder'' button and choose the document to review. If you do not have
access to the internet, you may view the docket online by visiting the
Docket Management Facility in Room W12-140 on the ground floor of the
DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590,
between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal
holidays.
C. Privacy Act
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
D. Advance Notice of Proposed Rulemaking Not Required
Under 49 U.S.C. 31136(g), FMCSA is required to publish an advance
notice of proposed rulemaking (ANPRM) if a proposed rule is likely to
lead to the promulgation of a major rule, unless the Agency either
develops the proposed rule through a negotiated rulemaking process or
finds good cause that an ANPRM is impracticable, unnecessary, or
contrary to the public interest. To be a major rule, a rule must result
in or be likely to result in: (1) ``an annual effect on the economy of
$100,000,000 or more;'' (2) ``a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions;'' or (3) ``significant adverse effects
on competition, employment, investment, productivity, innovation, or on
the ability of United States-based enterprises to compete with foreign-
based enterprises in domestic and export markets.'' 5 U.S.C. 804(2).
This proposed rule does not meet the criteria of a major rule because
it simply incorporates by reference updates to the 2018 CVSA handbook
edition made on April 1, 2019, which, as described below, are largely
editorial and provide clarity and guidance to inspectors and motor
carriers transporting transuranics. Therefore, this proposed rule is
not likely to lead to the promulgation of a major rule and does not
require an ANPRM.
II. Executive Summary
This rulemaking proposes to update an incorporation by reference
found at 49 CFR 385.4 and referenced at 49 CFR 385.415(b). The
provision at Sec. 385.4(b) currently references the April 1, 2018,
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 Out-of-Service Criteria, while not
regulations, provide enforcement personnel nationwide, including
FMCSA's State partners, with uniform enforcement tolerances for
roadside inspections. In this rulemaking, FMCSA proposes to incorporate
by reference the April 1, 2019 edition of the handbook.
Thirteen (13) updates distinguish the April 1, 2019, handbook
edition from the 2018 edition. The incorporation by reference of the
2019 edition does not impose new regulatory requirements.
III. Legal Basis for the Rulemaking
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 motor carrier safety permits, the Secretary
of Transportation is required to promulgate regulations as part of a
comprehensive safety program on hazardous materials safety permits. The
FMCSA Administrator has been delegated authority under 49 CFR
1.87(d)(2) to carry out the rulemaking functions vested in the
Secretary of Transportation. Consistent with that authority, FMCSA has
promulgated
[[Page 52434]]
regulations to address the congressional mandate on hazardous
materials. Those regulations on hazardous materials are the underlying
provisions to which the material incorporated by reference discussed in
this NPRM is applicable.
IV. Background
In 1986, the U.S. Department of Energy (DOE) and CVSA entered into
a cooperative agreement to develop a higher level of inspection
procedures, out-of-service conditions and/or criteria, an inspection
decal, and a training and certification program for inspectors to
conduct inspections on shipments of transuranic waste and highway route
controlled quantities of radioactive material. 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 highway route controlled quantities of radioactive
material are regulated by the U.S. Department of Transportation. All
highway route controlled quantities of radioactive material must pass
the North American Standard Level VI Inspection prior to the shipment
being allowed to travel in the U.S. All highway route controlled
quantities of radioactive material shipments entering the U.S. must
also pass the North American Standard Level VI Inspection either at the
shipment's point of origin or when the shipment enters the U.S.
Section 385.415 of title 49, Code of Federal Regulations,
prescribes operational requirements for motor carriers transporting
hazardous materials for which a hazardous materials safety permit is
required. Section 385.415(b)(1) requires that motor carriers ensure a
pre-trip inspection is performed on each motor vehicle to be used to
transport a highway route controlled quantity 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 2012-2017 data from FMCSA's Motor Carrier Management
Information System (MCMIS), approximately 3.5 million Level I--Level VI
roadside inspections were performed annually. Nearly 97 percent of
these were Level I,\1\ Level II,\2\ and Level III \3\ inspections.
During the same period, an average of 842 Level VI inspections were
performed annually, comprising only 0.024 percent of all roadside
inspections. On average, out-of-service violations were cited in only
10 Level VI inspections annually (1.19 percent), whereas on average,
out-of-service violations were cited in 269,024 Level I inspections
(25.3 percent), 266,122 Level II inspections (22.2 percent), and 66,489
Level III inspections (6.2 percent) annually. Based on these
statistics, CMVs transporting transuranics and highway route controlled
quantities of radioactive materials are clearly among the best
maintained and safest CMVs on the highways today, due largely to the
enhanced oversight and inspection of these vehicles because of the
sensitive nature of the cargo being transported.
---------------------------------------------------------------------------
\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/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.
---------------------------------------------------------------------------
V. Discussion of Proposed Rulemaking
Section 385.4(b)(1), as amended on July 8, 2019, references the
April 1, 2018, edition of the CVSA handbook. This rule proposes to
amend Sec. 385.4(b)(1) by replacing the reference to the April 1,
2018, edition date with a reference to the new edition date of April 1,
2019.
The changes made in the 2019 edition of the handbook 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. Amending Sec. 385.4(b), ensures that the
publication is available for interested parties to view at the FMCSA's
Washington, DC office and that the publication may be purchased from
the CVSA's website address, mail address, and phone.
April 1, 2019, Changes
The 2019 edition identifies (1) driver-related violations of the
FMCSRs that are so severe as to warrant placing the CMV driver out of
service, (2) vehicle equipment-related violations of the FMCSRs that
are so severe as to warrant placing the CMV out of service, and (3)
unsafe conditions in the transportation of hazardous materials. The
purpose of the publication is to provide inspection criteria for
Federal and State motor carrier safety enforcement personnel to promote
uniform and consistent inspection procedures of CMVs operated in
commerce.
Thirteen changes to the 2019 edition of the CVSA handbook
distinguish it from the April 1, 2018 edition. The first change amended
Part I, Item 4(a) to clarify that a driver operating a CMV without
complying with the requirements indicated on a Skill Performance
Evaluation (SPE) Certificate shall be declared out of service.
Currently, the Out-of-Service Criteria state that a driver will be
placed out of service for ``No skill performance evaluation in
possession, when required.'' The CVSA Driver-Traffic Enforcement
Committee agreed that operating a CMV without complying with the
requirements indicated on the SPE (e.g., the driver possesses an SPE
requiring a prosthetic limb, but is not using the prosthetic limb while
driving) is as serious as not having the SPE in possession when
required. Part I, Item 4(a) was amended to read ``No skill performance
evaluation in possession, when required, or when operating a commercial
motor vehicle without complying with the requirements indicated on the
skill performance evaluation.'' This clarification is not expected to
have any effect on the number of out-of-service violations cited during
Level VI inspections.
The second change amended the Out-of-Service Criteria Part II
Policy Statement to address a discrepancy between language in CVSA
Operational Policy 5 and the Out-of-Service Criteria Part II Policy
Statement regarding removing or replacing a CVSA decal. Operational
Policy 5 states that any expired CVSA decal shall be removed before a
new CVSA decal is affixed. However, prior to the amendment, the Policy
Statement in Part II of the Out-of-Service Criteria stated that ``a
current CVSA decal shall be affixed and no other CVSA decals shall be
visible.'' As such, the language in the Out-of-Service Criteria allowed
an existing decal to be covered up rather than removed, while
[[Page 52435]]
the language in the Operation Policy does not. CVSA noted that covering
up expired decals is problematic because colors can show on the corners
and new decals layered on the vehicle can be easily removed. It was
determined that removing old decals first is most appropriate, and the
Policy Statement in Part II of the Out-of-Service Criteria was amended
to reflect the same guidance that is in Operational Policy 5. This
amendment will not have any effect on the number of out-of-service
violations cited during Level VI inspections.
The third change amended Part II, Item 1(g)(2) to clarify that a
vehicle should be placed out of service if any rotor (disc) has a crack
in length of more than 75 percent of the friction surface and passes
completely through a structural support connecting the rotor friction
surfaces. The CVSA Vehicle Committee received information from a
Society of Engineers workgroup indicating that a collapse of the rotor
is imminent if there is a crack through the vents, and the vehicle
should be placed out of service. Part II, Item 1(g)(2) was amended to
clarify that a vehicle should be placed out of service if any rotor
(disc) has ``a crack in length of more than 75 percent of the friction
surface and passes completely through the rotor to the center vent from
either side, or completely through a solid rotor, or completely through
a structural support connecting the rotor friction surfaces.'' A
picture was added to clearly outline the condition of the rotor. FMCSA
records indicate that no out-of-service violations have been issued
regarding brake drums and rotors (discs) as a result of a Level VI
inspection in the past 3 years, demonstrating that motor carriers
transporting transuranics and highway route controlled quantities of
radioactive materials ensure that this component is well maintained and
in safe and proper operating condition at all times. The changes are
intended to ensure clarity in the presentation of the out-of-service
conditions and are not expected to affect the number of out-of-service
violations cited during Level VI inspections.
The fourth change amended the Cargo Securement section of the Out-
of-Service Criteria (Part II, Item 2) to add headings to subparagraphs
(a)-(f), consistent with the other sections of the Out-of-Service
Criteria. The new headings are intended to help with the uniformity of
content, as well as to make it easier to distinguish between the
different sections of the Out-of-Service Criteria. This amendment is
editorial in nature and will not have any effect on the number of out-
of-service violations cited during Level VI inspections.
The fifth change amended the Out-of-Service Criteria Tiedown Defect
Table by adding language to address a new type of tiedown used in cargo
securement applications. Doleco USA has developed a new cargo and
equipment securement tiedown assembly comprised of synthetic chain
links of Ultra High Molecular Weight Poly Ethylene (UHMWPE)
Dyneema[supreg] webbing with specialized hooks and binders. The high-
performance webbing is as strong as steel chain link but weighs up to
85 percent less. Due to the unique nature of its synthetic links, the
manufacturer also provides product specific hooks/fittings for securing
the tiedown ends and a specialized load tensioner for tightening. CVSA
developed an Inspection Bulletin outlining the characteristics and use
of the Doleco USA textile link system. The Out-of-Service Criteria
Tiedown Defect Table was amended, consistent with the information
provided in the CVSA Inspection Bulletin, to ensure that an inspector
can adequately determine if the tiedown is defective once it is in use.
Because of the sensitive nature of the cargo being transported, motor
carriers transporting transuranics and highway route controlled
quantities of radioactive materials are especially diligent regarding
use of tiedowns that do not have any defects, as evidenced by the lack
of any out-of-service violations cited for defective tiedowns during
inspections conducted between 2012-2017. As such, this amendment is not
expected to have any effect on the number of out-of-service violations
cited during Level VI inspections.
The sixth change amended Part II, Item 4(b)(3) to clarify that any
broken bearing strap on a universal joint of a driveline/driveshaft
would constitute the same imminent hazard as a missing, broken, or
loose retainer bolt, and a vehicle with this condition should be placed
out of service. Part II, Item 4(b)(3) was amended to read ``Any
missing, broken or loose universal joint bearing cap bolt, bearing
strap or retainer bolt,'' and a descriptive label was added to the
current picture of a universal joint in the Out-of-Service Criteria to
help identify and clarify a bearing strap. FMCSA records indicate that
no out-of-service violations have been issued regarding universal
joints as a result of a Level VI inspection in the past 3 years,
demonstrating that motor carriers transporting transuranics and highway
route controlled quantities of radioactive materials ensure that this
component is well maintained and in safe and proper operating condition
at all times. The changes are intended to ensure clarity in the
presentation of the out-of-service conditions and are not expected to
affect the number of out-of-service violations cited during Level VI
inspections.
The seventh change amended Part II of the Out-of-Service Criteria
to add a new section regarding temporary driver seats. The CVSA Vehicle
Committee approved the addition of a new out of service condition for
vehicles using any temporary seating for the driver, as opposed to a
permanent seat that is secured to the vehicle in a workmanlike manner.
Temporary seating includes, but is not limited to, a milk crate, lawn
chair, patio chair, folding chair, plastic step-stool, or a cooler. The
Out-of-Service Criteria were amended to include a new item, Part II,
Item 4. DRIVER'S SEAT, a. Temporary Seating, to read ``Any vehicle that
has temporary seating for the driver.'' \4\ A note was also added to
this section to provide the list of things that may constitute
temporary seating. As noted above, CMVs transporting transuranics and
highway route controlled quantities of radioactive materials are among
the best maintained and safest CMVs on the highways today, due largely
to the enhanced oversight and inspection of these vehicles because of
the sensitive nature of the cargo being transported. FMCSA believes
that it is highly unlikely that the CMVs transporting these sensitive
commodities will be equipped with temporary seating for the driver, and
as such, the Agency does not expect the addition of this item to the
Out-of-Service Criteria to affect the number of out-of-service
violations cited during Level VI inspections.
---------------------------------------------------------------------------
\4\ This addition results in the renumbering of all the Critical
Vehicle Inspection Items in the Out-of-Service Criteria from
Driveline/Driveshaft forward.
---------------------------------------------------------------------------
The eighth change amended the Exhaust Systems section of the Out-
of-Service Criteria (Part II, Item 5) to add headings to subparagraphs
(a)-(d), consistent with the other sections of the Out-of-Service
Criteria. The new headings are intended to help with the uniformity of
content, as well as to make it easier to distinguish between the
different sections of the Out-of-Service Criteria. This amendment is
editorial in nature and will not have any effect on the number of out-
of-service violations cited during Level VI inspections.
The ninth change amended Part II, Item 6 to include subsection (5)
in the note that was already contained in the Out-of-Service Criteria.
The CVSA Passenger Carrier Committee, in consultation with
manufacturers,
[[Page 52436]]
determined that subsection (5) should not pertain to buses having
monocoque-style frames. The note to Part II, Item 6 was amended to read
``Items (1) and (2) apply to all buses, including those having unitized
(monocoque) construction. Items (3), (4) and (5) apply only to buses
having a body-on-chassis design, such as most school buses.'' As this
change applies only to buses, it will not have any effect on the number
of out-of-service violations cited during Level VI inspections, which
are applicable to carriers transporting transuranics and highway route
controlled quantities of radioactive materials.
The tenth change amended Part II, Item 9 to add language to address
non-manufactured holes in the drag link of the steering system.
Following a recommendation from industry partners, the CVSA Vehicle
Committee determined that when a drag link is sufficiently worn to
cause a non-manufactured hole, the link could buckle and lead to the
loss of steering control. Based on the above, if a vehicle is found to
have a non-manufactured hole in a drag link, the vehicle should be
placed out of service, and the Out-of-Service Criteria were amended to
add a new subparagraph (3) to Part II, Item 9(h) to read ``When a drag
link is so worn to cause a non-manufactured hole.'' FMCSA records
indicate that no out-of-service violations have been issued regarding
steering systems as a result of a Level VI inspection in the past 3
years, demonstrating that motor carriers transporting transuranics and
highway route controlled quantities of radioactive materials ensure
that this component is well maintained and in safe and proper operating
condition at all times. The changes are intended to ensure clarity in
the presentation of the out-of-service conditions and are not expected
to affect the number of out-of-service violations cited during Level VI
inspections.
The eleventh change amended the title of Part II, Item 15,
applicable to buses, motorcoaches, passenger vans, or other passenger-
carrying vehicles, to clarify that the seating requirements in
subparagraph (c) of that item apply to temporary and aisle seats only.
As this change applies only to passenger-carrying vehicles, it will not
have any effect on the number of out-of-service violations cited during
Level VI inspections, which are applicable to carriers transporting
transuranics and highway route controlled quantities of radioactive
materials.
The twelfth change amended Part III, Items (1)-(10) to make the
formatting of this section consistent with the remainder of the Out-of-
Service Criteria, and to remove redundant language related to hazardous
and dangerous materials inspection standards. This amendment is
editorial in nature and will not have any effect on the number of out-
of-service violations cited during Level VI inspections.
The thirteenth change amended the North American Standard Out-of-
Service Criteria and Level VI Inspection Procedures to add a note to
Item 30, Trupact II Package Tiedown Assemblies. The CVSA Level VI
Inspection Program Committee added a note to address empty packages
that may be transported with loaded packages during a Level VI
inspection, noting that an empty package (TRUPACT II/HALFPACT) shall be
subject to the same tiedown requirements as those applicable to a
loaded package when transported and inspected during a Level VI
inspection. FMCSA records indicate that no out-of-service violations
have been issued regarding securement of packages as a result of a
Level VI inspection in the past 3 years, demonstrating that motor
carriers transporting transuranics and highway route controlled
quantities of radioactive materials ensure that packages are properly
secured at all times. The changes are intended to ensure clarity in the
presentation of the out-of-service conditions, and are not expected to
affect the number of out-of-service violations cited during Level VI
inspections.
VI. International Impacts
The FMCSRs, and any exceptions to the FMCSRs, apply only within the
United States (and, in some cases, United States territories). Motor
carriers and drivers are subject to the laws and regulations of the
countries in which they operate, unless an international agreement
states otherwise. Drivers and carriers should be aware of the
regulatory differences among nations.
The CVSA is an organization representing Federal, State and
Provincial motor carrier safety enforcement agencies in the United
States, Canada and Mexico. The Out-of-Service Criteria provide uniform
enforcement tolerances for roadside inspections conducted in all three
countries.
VII. Section-by-Section Analysis
Section 385.4 Matter Incorporated by Reference
Section 385.4(b), as amended on July 8, 2019, references the April
1, 2018, edition of the CVSA handbook. This proposed rule would replace
the reference to the April 1, 2018, edition date with a reference to
the new edition date of April 1, 2019.
VIII. Regulatory Analyses
A. Executive Order (E.O.) 12866 (Regulatory Planning and Review), E.O.
13563 (Improving Regulation and Regulatory Review), and DOT Regulatory
Policies and Procedures
FMCSA has determined that this action is not a significant
regulatory action under section 3(f) of E.O. 12866, Regulatory Planning
and Review, as supplemented by E.O. 13563 (76 FR 3821, January 21,
2011). The Office of Management and Budget (OMB) did not, therefore,
review this document.
FMCSA also determined that the proposed rule does not warrant
formal analysis of costs and benefits under DOT Policies and Procedures
for Rulemaking [DOT Order 2100.6 dated December 20, 2018, section
11(e)(1)]. The proposed rule, if finalized, would update an
incorporation by reference from the April 1, 2018, edition to the April
1, 2019, 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 roadside inspections performed from 2012 to 2017 and determined
that the handbook updates would not have any effect on the number of
out-of-service violations cited during Level VI inspections. Therefore,
the impact of a final rule would be de minimis.
B. E.O. 13771 Reducing Regulation and Controlling Regulatory Costs
E.O. 13771, ``Reducing Regulation and Controlling Regulatory
Costs,'' does not apply to this action because it is not a significant
regulatory action, as defined in section 3(f) of E.O. 12866.
C. Regulatory Flexibility Act (Small Entities)
The Regulatory Flexibility Act of 1980 (RFA), Public Law 96-354, 94
Stat. 864 (1980), as amended by the Small Business Regulatory
Enforcement Fairness Act of 1996 (SBREFA) (5 U.S.C. 601 et seq.),
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. The term ``small entities'' comprises
small businesses and not-for-profit organizations that are
independently owned and operated and are not
[[Page 52437]]
dominant in their fields, and governmental jurisdictions with
populations of less than 50,000.\5\ In compliance with the RFA, FMCSA
evaluated the effects of the proposed rule on small entities. The
proposed rule incorporates by reference updates to the 2018 CVSA
handbook edition made on April 1, 2019, which, as described above, are
largely editorial and provide clarity and guidance to inspectors and
motor carriers transporting transuranics. 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
entities. None of the updates from the 2018 edition imposes new
requirements or makes substantive changes to the FMCSRs.
---------------------------------------------------------------------------
\5\ 5 U.S.C. 601.
---------------------------------------------------------------------------
When an Agency issues a rulemaking proposal, the RFA requires the
Agency to ``prepare and make available an initial regulatory
flexibility analysis'' that will describe the impact of the proposed
rule on small entities (5 U.S.C 603(a)). 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 is largely editorial and provides guidance
to inspectors and motor carriers transporting transuranics in
interstate commerce. Accordingly, I hereby certify that if promulgated,
this proposed rule will not have a significant economic impact on a
substantial number of small entities. FMCSA invites comments from
anyone who believes there will be a significant impact on small
entities from this action.
D. Assistance for Small Entities
In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996, FMCSA wants to assist small entities
in understanding this rule so that they can better evaluate its
effects. If the rule will affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions, please consult the FMCSA point of contact, Michael Huntley,
listed in the For Further Information Contact section of this rule.
E. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
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 $165 million (which is the value
equivalent to $100,000,000 in 1995, adjusted for inflation to 2018
levels) or more in any one year. This proposed rule will not result in
such an expenditure.
F. Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.),
Federal agencies must obtain approval from the OMB for each collection
of information they conduct, sponsor, or require through regulations.
FMCSA determined that no new information collection requirements are
associated with this proposed rule.
G. E.O. 13132 (Federalism)
A rule has implications for Federalism under Section 1(a) of
Executive Order 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.''
FMCSA analyzed this proposed rule and determined that it does not
have implications for federalism.
H. E.O. 12988 (Civil Justice Reform)
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
I. E.O. 13045 (Protection of Children)
E.O. 13045, Protection of Children from Environmental Health Risks
and Safety Risks (62 FR 19885, April 23, 1997), requires agencies
issuing ``economically significant'' rules to include an evaluation of
their environmental health and safety effects on children, if the
agency has reason to believe that the rule may disproportionately
affect children. The Agency determined this proposed rule is not
economically significant. Therefore, no analysis of the impacts on
children is required. In any event, the Agency does not anticipate that
this regulatory action could pose an environmental or safety risk that
could affect children disproportionately.
J. E.O. 12630 (Taking of Private Property)
FMCSA reviewed this proposed rule in accordance with E.O. 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights, and has determined it will not effect a taking of
private property or otherwise have taking implications.
K. Privacy
Section 522 of title I of division H of the Consolidated
Appropriations Act, 2005, enacted December 8, 2004 (Pub. L. 108-447,
118 Stat. 2809, 3268, 5 U.S.C. 552a note), requires the Agency to
conduct a privacy impact assessment of a regulation that will affect
the privacy of individuals. This proposed rule does not require the
collection of personally identifiable information or affect the privacy
of individuals.
L. E.O. 12372 (Intergovernmental Review)
The regulations implementing E.O. 12372 regarding intergovernmental
consultation on Federal programs and activities do not apply to this
proposed rule.
M. E.O. 13211 (Energy Supply, Distribution, or Use)
FMCSA has analyzed this proposed rule under E.O. 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. The Agency has determined that it is not a
``significant energy action'' under that order because it is not a
``significant regulatory action'' likely to have a significant adverse
effect on the supply, distribution, or use of energy. Therefore, it
does not require a Statement of Energy Effects.
N. E.O. 13175 (Indian Tribal Governments)
This proposed rule 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.
O. National Technology Transfer and Advancement Act (Technical
Standards)
The National Technology Transfer and Advancement Act (15 U.S.C. 272
note) directs agencies to use voluntary consensus standards in their
regulatory activities unless the agency provides Congress, through OMB,
with an explanation of why using these standards would be inconsistent
with applicable law or otherwise impractical. Voluntary consensus
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related
[[Page 52438]]
management systems practices) are standards that are developed or
adopted by voluntary consensus standards bodies. FMCSA does not intend
to adopt its own technical standard, thus there is no need to submit a
separate statement to OMB on this matter. The standard being
incorporated in this proposed rule is discussed in detail in sections
V, Discussion of Proposed Rulemaking, and VII, Section by Section
Analysis, and is reasonably available at FMCSA and through the CVSA
website.
P. Environment (National Environmental Policy Act)
FMCSA analyzed this rule consistent with 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 FMCSA
Order 5610.1 (69 FR 9680, March 1, 2004), Appendix 2, paragraph (6)(b).
This Categorical Exclusion (CE) covers minor revisions to regulations.
The content in this proposed rule is covered by this CE, there are no
extraordinary circumstances present, and the proposed action does not
have any effect on the quality of the environment. The CE determination
is available for inspection or copying in the Regulations.gov website
listed under ADDRESSES.
List of Subjects in 49 CFR Part 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 is revised to read as follows:
Authority: 49 U.S.C. 113, 504, 521(b), 5105(d), 5109, 5113
13901-13905, 13908, 31135, 31136, 31144, 31148, and 31502; Sec.
113(a), Pub. L. 103-311, 108 Stat. 1673, 1676; Sec. 408, Pub. L.
104-88, 109 Stat. 803, 958; Sec. 350 of Pub. L. 107-87, 115 Stat.
833, 864; and 49 CFR 1.87.
0
2. Revise Sec. 385.4(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, 2019, incorporation by reference approved for Sec.
385.415(b).
* * * * *
Issued under authority delegated in 49 CFR 1.87 on:
Dated: September 19, 2019.
Raymond P. Martinez,
Administrator.
[FR Doc. 2019-20905 Filed 10-1-19; 8:45 am]
BILLING CODE 4910-EX-P
