On February 24, 2020 (85 FR 10307), the Federal Motor Carrier Safety Administration (FMCSA) published a final rule in the federal register amending its Hazardous Materials Safety Permit regulations in 49 CFR Part 385 to incorporate by reference the April 1, 2019 edition of the Commercial Vehicle Safety Alliance’s (CVSA) “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 provide uniform enforcement tolerances for roadside inspections to enforcement personnel nationwide, including FMCSA’s State partners. This final rule is effective March 25, 2020. The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of March 25, 2020. Petitions for Reconsideration of this final rule must be submitted to the FMCSA Administrator no later than March 25, 2020.

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FMCSA 02-24-2020 update incorporation by reference