Federal Register - July 6, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Proposed Rules
being placed OOS. The timeframe was reduced from the current day plus the previous day to the current day only.
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.
7 Part I, Item 11., was amended by 1 replacing the OOSC for Mexico to reflect the requirements in NOM087
SCT22017, and 2 adding footnotes to that section. NOM087SCT22017
are Mexicos CMV regulatory requirements. Mexico recently updated its HOS Official Mexican Standards Norma Oficial Mexicana NOMs, and this update required changes to the OOSC. CVSA worked with Mexico to make these updates, and Mexico approved the amendments as written for use in Mexico for OOS conditions. This amendment is applicable only to the enforcement of Mexican HOS
regulations and will not have any effect on the number of OOS violations cited during Level VI inspections in the United States.
8 The charts for Clamp Type Brake Chamber Data and Long Stroke Clamp Type Brake Chamber Data in Part II, Item 1.a., were amended to add a new column listing the SAE J2899 markings found on brake chambers. SAE J2899, Brake Adjustment Limit for Air Brake Actuators, was issued in December 2013 and revised in June 2017, and was developed to provide an alternative way of determining the size and allowable stroke of a brake chamber.
Manufacturers have the option to cast a marking permanently onto the center section of the brake chamber using the letters A through H. The markings are easy to see and indicate the rated stroke and pushrod stroke of the chamber without the need to measure the diameter or determine if it is long or short stroke. This marking method reduces the likelihood that an inspector will either 1 pass a vehicle that should be OOS, or 2 place a vehicle OOS that is within acceptable operating conditions. The CVSA Vehicle Committee voted unanimously to add a column in the charts in Part II, Item 1.a.
that lists the SAE J2899 markings found on brake chambers. FMCSA records indicate that no violations or OOS
violations have been issued regarding brakes being out of adjustment 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.
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9 Part II, Item 1., was amended to add a clarification that a parking brake needs to be held by mechanical means.
Clarification was necessary regarding whether 1 the mechanical holding of the parking brake should be required, or 2 applying the parking brake with hand pressure and holding it with hand pressure is adequate. Specifically, in cases where the actuator cannot hold the parking brake in the applied position, it was unclear whether the vehicle should be placed OOS.
Following discussion with brake industry experts, the CVSA Vehicle Committee confirmed that Federal Motor Vehicle Safety Standard Nos. 105
and 121 require the parking brake to be held by a mechanical means. FMCSA
records indicate that no OOS violations have been issued regarding parking brakes 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.
10 The title of Part II, Item 11.d., was amended to remove sway bars from the OOSC. The CVSA Vehicle Committee determined that sway bars provide comfort, not stability, and that they are not a critical vehicle inspection item. As such, the CVSA Vehicle Committee determined that missing or loose sway bars should not be an OOS condition.
This amendment also requires a supporting edit to Note 2 in Part II, Item 11.b., that references the title to Part II, Item 11.d. FMCSA records indicate that no OOS violations have been issued regarding sway bars as a result of a Level VI inspection in the past 3 years.
As such, and because the changes eliminate an existing OOS condition, the changes will not affect the number of OOS violations cited during Level VI
inspections.
11 Part II, Item 12.a.9., and Part II, Item 12.b.4., were amended to clarify that the OOS condition refers to a wheel end on an axle. In response to questions regarding whether the tire loading restriction in 393.75g of the FMCSRs applies to 1 a wheel end on an axle, or 2 a single tire on an axle, or 3
whether the entire axle must exceed the tire weight rating in order to constitute an OOS condition, the CVSA Vehicle Committee determined that exceeding the tire load limits should apply to the wheel end. The OOS condition applies when the tire or dual set exceeds the applicable load rating on the sidewall of the tires, and the language was amended to reflect this condition.
FMCSA records indicate that no OOS
violations have been issued regarding
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tire loading restrictions 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.
12 Part II, Item 16.a., was amended to add new OOS conditions for emergency exits on passenger-carrying vehicles that are marked as such, but that are not necessarily required to be installed by regulation. Language was added to this section to clarify that passenger-carrying vehicles with marked emergency exits that are obstructed should be declared OOS, whether such exits are required to be installed or not. The new criteria were also separated to reference marked required exits, versus other marked exits, and the revised criteria clearly articulate the items/conditions that constitute an OOS condition. As this change applies only to passengercarrying vehicles, it will not have any effect on the number of OOS violations cited during Level VI inspections, which are applicable to carriers transporting transuranics and highway route controlled quantities of radioactive materials.
13 Part III, Item 3.c., was amended to modify: 1 The title of this section;
and 2 the OOS condition to include terminology adopted in Canadas TDG
Regulations. While the previous title of this section referred only to Bulk Package Authorization, Canadas TDG
Regulations do not reference bulk packages, but instead reference and define the term large means of containment. The Canadian Education Quality Assurance Team EQAT
Dangerous Goods Working Group requested addition of the Canadian terminology in the OOSC to improve uniform application of the OOS
condition. Adding large means of containment to the OOSC will make it easier for Canadian inspectors to interpret the criteria. 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.
14 Part III, Item 3.d., was amended by adding a note regarding manhole covers. The CVSA Hazardous Materials Committee contacted the Truck Trailer Manufacturers Association to discuss manhole securement with the Tank Engineering Committee. The committee agreed that all fasteners on the dome need to be engaged and hand tightened to be considered closed and secured.
Based on this information, the committee voted to add a note to the
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