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Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Proposed Rules
docket, go to https
www.regulations.gov/docket/FMCSA2021-0063/document and choose the document to review. To view comments, click this NPRM, and click Browse Comments. If you do not have access to the internet, you may view the docket online by visiting Dockets Operations in Room W12140 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., Monday through Friday, except Federal holidays. To be sure someone is there to help you, please call 202 3669317 or 202 3669826
before visiting Dockets Operations.
C. Privacy Act In accordance with 5 U.S.C. 553c, 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.

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D. Advance Notice of Proposed Rulemaking Not Required Under 49 U.S.C. 31136g, FMCSA is required to publish an advance notice of proposed rulemaking ANPRM or proceed with a negotiated rulemaking, if a proposed rule is likely to lead to the promulgation of a major rule. As this proposed rule is not likely to result in the promulgation of a major rule, the Agency is not required to issue an ANPRM or to proceed with a negotiated rulemaking.
II. Executive Summary This NPRM proposes to update an incorporation by reference found at 49
CFR 385.4b1 and referenced at 385.415b. The provision at 385.4b1 currently references the April 1, 2019, edition of CVSAs 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. The CVSA handbook contains inspection procedures and Out-ofService Criteria OOSC for inspections of shipments of transuranic waste and highway route controlled quantities of radioactive material. The OOSC, while not regulations, provide enforcement personnel nationwide, including FMCSAs State partners, with uniform enforcement tolerances for inspections.

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The material is available, and will continue to be available, for inspection at the FMCSA, Office of Enforcement and Compliance, 1200 New Jersey Avenue SE, Washington, DC 20590
Attention: Chief, Compliance Division at 202 3661812. The document may be purchased from the Commercial Vehicle Safety Alliance, 6303 Ivy Lane, Suite 310, Greenbelt, MD 20770, telephone 301 8306143, www.cvsa.org.
In this NPRM, FMCSA proposes to incorporate by reference the April 1, 2021, edition of the handbook. FMCSA
did not update 385.4b to incorporate by reference the April 1, 2020, edition of the handbook. This NPRM will discuss all updates to the currently incorporated 2019 edition of the handbook, including the updates made in the April 1, 2020, edition of the handbook.
Twenty-one updates distinguish the April 1, 2021, handbook edition from the 2019 edition. The incorporation by reference of the 2021 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. 5105d, 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
1.87d2 to carry out the rulemaking functions vested in the Secretary of Transportation. Consistent with that authority, FMCSA has promulgated regulations under 49 CFR part 385, subpart E to address the congressional mandate on hazardous materials safety permits. Those regulations are the underlying provisions to which the material incorporated by reference discussed in this document is applicable.
IV. Background In 1986, the U.S. Department of Energy and CVSA entered into a cooperative agreement to develop a higher level of inspection procedures, out-of-service OOS conditions and/or criteria, an inspection decal, and a training and certification program for inspectors to conduct inspections on shipments of transuranic waste and highway route controlled quantities of
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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-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. 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 United States. All highway route controlled quantities of radioactive material shipments entering the United States must also pass the North American Standard Level VI Inspection either at the shipments point of origin or when the shipment enters the United States.
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 385.415b 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 CVSAs 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.
According to 20152019 data from FMCSAs Motor Carrier Management Information System MCMIS, approximately 3.34 million Level I
Level VI inspections were performed annually. Nearly 97 percent of these
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