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Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Proposed Rules OOSC to clarify that an OOS condition exists when any manhole cover securement device is missing or unsecured. The change is intended to ensure clarity in the presentation of the OOS condition and is not expected to affect the number of OOS violations cited during Level VI inspections.
15 The title of Part III, Item 6., was amended to include terminology adopted in Canadas TDG Regulations.
While the previous title of this section referred only to Non-Bulk Packaging, Canadas TDG Regulations do not reference non-bulk packaging, but instead reference and define the term small means of containment. The Canadian EQATDangerous Goods Working Group requested the addition of Canadian terminology in the title to improve uniform application of the OOS
condition. Adding small means of containment to the OOSC will make it easier for Canadian inspectors to interpret the criteria. The change is intended to ensure clarity in the presentation of the OOS conditions and is not expected to affect the number of OOS violations cited during Level VI
inspections.
16 Part III, Item 10.a., regarding requirements pertaining to Canadas Emergency Response Assistance Plan ERAP was amended to specify that certain ERAP information must be on the shipping document. The Canadian EQATDangerous Goods Working Group indicated that for first responders to activate an ERAP, the ERAP reference number and implementation telephone number must be listed on the shipping document. Currently, the OOSC only allows inspectors to place a shipment OOS if the carrier/consignor does not have an approved ERAP at all.
Situations have arisen where the ERAP
reference number/activation telephone number was not listed on the shipping document, and inspectors were not able to place the dangerous goods shipment OOS as intended. This additional language specifies that this information is required. This amendment is applicable only to Canadas ERAP, and will not have any effect on the number of OOS violations cited during Level VI
inspections in the United States.
17 The Level VI Inspection Procedures were amended by adding Step 36, Proof of Periodic Annual Inspection. Currently, there is no language in the Level VI Inspection Procedures addressing the required periodic annual inspection. Adding this item will require each unit to have evidence that a periodic inspection was conducted and satisfactorily completed before a CVSA Level VI decal can be applied by the inspector during a point
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of origin inspection only. As this is not an OOS condition for the Level VI
Inspection, this amendment will not have any effect on the number of OOS
violations cited during Level VI
inspections.
April 1, 2021, Changes Four changes in the 2021 edition of the CVSA handbook distinguish it from the April 1, 2020 edition:
1 Footnotes 58 to Part I, Item 9., were amended to remove language that repeats the FMCSRs. The CVSA DriverTraffic Enforcement Committee determined that there is no reason to repeat information in the OOSC that is contained in 395.1 and 395.3.
Quoting the FMCSRs in the footnotes could potentially confuse an inspector as there are other applicable exemptions that are not addressed in the footnotes.
The footnotes, 58, were removed and reserved because other documents refer to these notes and renumbering them could cause confusion. 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.
Footnote 10 to Part I, Item 9., was amended to clarify that AOBRDs cannot be used in place of a compliant ELD.
However, some carriers are exempt from using ELDs and they may still use AOBRDs. Language was added to this footnote to clarify that drivers who are not required to have an ELD that complies with 395.22a, but who utilize an electronic device other than those described in the regulations, shall not be declared OOS. The amendment is intended to ensure clarity in the presentation of the OOS conditions and is not expected to affect the number of OOS violations cited during Level VI
inspections.
2 In Part I, Items 10.h. and 10.i., regarding RODS in Canada, were amended to include terminology based on the pending implementation of the ELD requirement, effective June 12, 2021. A note was also added to Footnotes 12 of the same section. The terminology in Canadas regulation will change from daily log to RODS.
However, there will be some Provinces/
Territories that will continue to use the daily log terminology in their Provincial/Territorial regulations. The Driver-Traffic Enforcement Committee determined that the appropriate action would be to refer to both terms to make the OOSC applicable to all drivers.
These amendments are applicable only to Canadas RODS, and will not have any effect on the number of OOS

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violations cited during Level VI
inspections in the United States.
3 Part I, Item 10., regarding RODS in Canada was amended by adding a footnote 6 to indicate that a driver who is found without an ELD but is still completing another form of a RODS will currently not be placed OOS. This enforcement action is different from that applicable in the U.S., so the note was added for Canadian inspectors to reference, similar to the note for the U.S
Footnote 10, Part I, Item 9. United States. The amendment is applicable only to Canadas RODS, and will not have any effect on the number of OOS
violations cited during Level VI
inspections in the United States.
4 Part II, Item 9.b., was amended to clarify that an inoperative center highmounted stop lamps that is required by regulation is considered a critical vehicle inspection item, but not considered for OOS purposes. The CVSA-critical vehicle inspection item list and the OOSC include Lighting devices headlamps, tail lamps, stop lamps, turn signals, and lamps/flags on projecting loads. In both the United States and Canada, there are regulations requiring some smaller vehicles to be equipped with center high-mounted stop lamps and they must be maintained and operational; however, on larger vehicles, they are optional.
Therefore, in those cases where center high-mounted stop lamps are required, the vehicle will still require at least one brake light in addition to the center high-mounted stop lamps to avoid being placed OOS. The amendment is intended to ensure clarity in the presentation of the OOS conditions and is not expected to affect the number of OOS 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 OOSC
provide uniform enforcement tolerances for inspections conducted in all three countries.

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