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Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Proposed Rules were Level I,1 Level II,2 and Level III 3
inspections. During the same period, an average of 611 Level VI inspections were performed annually, comprising only 0.02 percent of all inspections. On average, OOS violations were cited in only 7.8 Level VI inspections annually 2 percent, whereas on average, OOS
violations were cited in 266,025 Level I
inspections 25 percent, 275,840 Level II inspections 23 percent, and 61,201
Level III inspections 6 percent annually. As these statistics demonstrate, OOS violations are cited in a far lower percentage of Level VI
inspections than Level I, II, and III
inspections, due largely to the enhanced oversight and inspection of these vehicles because of the sensitive nature of the cargo being transported.
The changes to the 2021 and 2020
editions of the CVSA handbook are intended to ensure clarity in the presentation of the OOS conditions and are generally editorial or ministerial. As discussed below, FMCSA does not expect the changes made in the 2021
edition of the CVSA handbook to affect the number of OOS violations cited during Level VI inspections.

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V. Discussion of Proposed Rulemaking Section 385.4b1, as amended on February 24, 2020 85 FR 10307, references the April 1, 2019, edition of the CVSA handbook. This NPRM
proposes to amend 385.4b1 by replacing the reference to the April 1, 2019, edition date with a reference to the new edition date of April 1, 2021.
CVSA also published a 2020 edition of the handbook in the period between the February 24, 2020, final rule and the publishing of the 2021 edition. FMCSA
did not publish an update to the incorporation by reference in 385.4b1 with the April 1, 2020, edition of the handbook. This NPRM
will therefore discuss the updates included in the 2020 and 2021 editions of the handbook. The changes made based on the 2020 and 2021 editions 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 1 Level I is a 37-step inspection procedure that involves examination of the motor carriers and drivers 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 drivers credentials and documents.

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identified inspection criteria referenced in the rules.
April 1, 2020, Changes Seventeen changes in the 2020 edition of the CVSA handbook distinguish it from the April 1, 2019 edition:
1 The title of Part I, Item 2.a. was amended to clarify that . . . vehicles that, regardless of GVWR, do not require a commercial drivers license CDL
e.g., exempt farm vehicles or fire apparatuses, etc. 2020 CVSA
handbook, page 11 are included in this section of the OOSC. Currently, this section applies only to vehicles with a gross vehicle weight rating GVWR of 26,000 lbs. or less, not designed to transport 16 or more passengers or placarded loads of hazardous materials.
Under the current wording, a driver cannot be placed OOS for not having the proper class of drivers license, for having a suspended/revoked license, or for being unlicensed when operating a vehicle over 26,000 pounds GVWR and exempt from the requirements to have a CDL. However, and because the FMCSRs include a number of regulatory exceptions to the CDL requirements, there are numerous other vehicle types over 26,000 pounds GVWR that may have non-CDL drivers e.g., covered farm vehicles, intrastate farm vehicles, emergency vehicles, etc.. This clarification will not have any effect on the number of OOS violations cited during Level VI inspections, as all drivers transporting hazardous materials are required to have a CDL.
2 The note in Part I, Item 2.b., and Part I, Item 3.c., was amended to clarify that in Canada, a valid Canadian Transportation of Dangerous Goods TDG training certificate is required.
Canadian TDG training certificates require certain informational items be identified; language was added to the note to clarify that a training certificate is considered invalid and the driver should be placed OOS if it is missing that required information. This update will ensure a uniform approach to Canadian TDG training certificate validity. This clarification is not expected to have any effect on the number of OOS violations cited during Level VI inspections in the U.S.
3 The title of Part I, Item 7., was amended by removing the language AS
IDENTIFIED UNDER SECTION
392.4a because the OOS violations now listed in this section are not all located in 392.4a. In addition, CVSA
added a new OOS item to address drivers who are recorded in the Drug and Alcohol Clearinghouse as prohibited from performing safetysensitive functions per 382.501a as a
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result of failing an alcohol or drug test.
FMCSA records indicate that no driverrelated OOS violations have been issued as a result of a Level VI inspection in the past 3 years. The changes are intended to ensure clarity in the presentation of the OOS conditions and are not expected to affect the number of OOS violations cited during Level VI
inspections.
4 Footnote 14 to Part I, Item 9., was amended to remove the reference to automatic on-board recording devices AOBRDs, and a note was added to Footnotes 1114 of the same section.
The reference to AOBRDs in Footnote 14 was removed because the grandfather clause permitting use of AOBRDs expired on December 16, 2019, and therefore the reference to AOBRDs in Footnote 14 is no longer relevant. Since December 2017, the information in the NOTE outlines the policy that CVSA
has used for placing drivers out of service for electronic logging device ELD violations. Similar information is listed in FMCSAs Frequently Asked Questions document on ELDs. The CVSA Driver-Traffic Enforcement Committee voted to add this information as a note relative to Footnotes 1114. The changes are intended to ensure clarity in the presentation of the OOS conditions and are not expected to affect the number of OOS violations cited during Level VI
inspections.
5 Part I, Item 10.h., regarding records of duty status RODS in Canada was amended to remove the provision for a driver to be placed OOS for a period of 72 hours for not producing a daily log.
Recent changes to the Canadian federal hours-of-service HOS regulations have eliminated the ability of an officer/
inspector to place a driver OOS for 72
hours for not producing a daily log.
Under the new regulations, a driver is placed OOS only for the number of hours required to have the driver provide a compliant daily log. This amendment is applicable only to the enforcement of Canadian HOS
regulations and will not have any effect on the number of OOS violations cited during Level VI inspections in the United States.
6 Footnote 2 to Part I, Item 10., regarding RODS in Canada was amended to reduce the time a driver can be behind on his/her daily log and not be declared OOS. Given the recent changes to the Canadian federal HOS
regulations as discussed above, and because the 72-hour timeframe to place a driver OOS for no production of a log book was removed, it was deemed appropriate to reduce the time a driver can be behind on his/her log before
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