G/TBT/N/USA/1744  
7 July 2021  
(21-5369) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  UNITED STATES OF AMERICA   
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:  Federal Motor Carrier Safety Administration (FMCSA), Department 
of Transportation (DOT) [1773]  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle commen ts 
regarding the notification shall be indicated if different from above:   
Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov  
3. Notified under Article 2.9.2 [   ], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other  [X]:  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  
Transuranic waste and highway route controlled quantities of radioactive material; 
Environmental protection (ICS 13.020), Special wastes (ICS 13.030.30), Installations and 
equipment for waste disposal and treatment (ICS 13.030.40), Domestic safety 
(ICS 13.120), Accident and disaster control (ICS 13.200), Radiation protection 
(ICS 13.280), Protection against dangerous goods (ICS 13.300)  
5. Title, number of pages and language(s) of the notified document:  Incorporation 
by Reference; North American Standard O ut-of-Service Criteria; Hazardous Materials 
Safety Permits (7 page(s), in English)  
6. Description of content:  Notice of proposed rulemaking (NPRM) - FMCSA proposes 
amendments to its Hazardous Materials Safety Permits regulations to incorporate by 
referenc e the updated Commercial Vehicle Safety Alliance (CVSA) handbook containing 
inspection procedures and Out -of-Service Criteria (OOSC) for inspections of shipments of 
transuranic waste and highway route controlled quantities of radioactive material. The 
OOSC  provide enforcement personnel nationwide, including FMCSA's State partners, with 
uniform enforcement tolerances for inspections. Currently, the regulations reference the 
1 April 2019, edition of the handbook. Through this document, FMCSA proposes to 
incorporate by reference the 1 April 2021 edition.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Protection of human health or safety; Protection of the environment  
8. Relevant documents:   
• 86 Federal Register (FR) 35443, 6 July 2021; Title 49 Code of Federal 
Regulations (CFR) Part 385:  
https://www.govinfo.gov/content/pkg/FR -2021-07-06/html/2021 -14039.htm  
https://www.govinfo.gov/content/pkg/FR -2021-07-06/pdf/2021 -14039.pdf  G/TBT/N/USA/1744  
 
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  This notice of proposed rulemaking is identified by Docket Number FMCSA -2021-0063. 
The Docket Folder is a vailable from Regulations.gov  at 
https://www.regulations.gov/docket/FMCSA -2021-0063/document  and provides access 
to primary documents as well as comments received. Documents are also accessible from 
Regulations.gov by searching the Docket Number. WTO Members and their stakeholders 
are asked to submit comments to the USA TBT Enquiry Point . Comments received by the 
USA TBT Enquiry Point from WTO Members and their stakeholders will be shared with the 
regulator and will also be submitted to the Docket  on Regulations.gov if received within 
the comment period.   
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  5 August 2021  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
https://www.govinfo.gov/content/pkg/FR -2021-07-06/html/2021 -14039.htm  
https://www.govin fo.gov/content/pkg/FR -2021-07-06/pdf/2021 -14039.pdf  
https://members.wto.org/crnattachments/2021/TBT/USA/21_4525_00_e.pdf