G/TBT/N/USA/1744/Rev.2  
  
6 May 2024  
(24-3600) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
Revision  
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 (Articles 3.2 and 7.2):   
2. Agency responsible:   
Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation 
(DOT)  
Name and address (including telephone and fax numbers, email and website 
addresses, if available) of  agency or authority designated to handle comments 
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 [X], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], 3.2 [  ], 7.2 [  ], 
other :  
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 con trolled quantities of radioactive material; 
Environmental protection (ICS code(s): 13.020); Special wastes (ICS code(s): 
13.030.30); Installations and equipment for waste disposal and treatment (ICS code(s): 
13.030.40); Domestic safety (ICS code(s): 13.120 ); Accident and disaster control (ICS 
code(s): 13.200); Radiation protection (ICS code(s): 13.280); Protection against 
dangerous goods (ICS code(s): 13.300)  
5. Title, number of pages and language(s) of the notified document:  Incorporation 
by Reference; No rth American Standard Out -of-Service Criteria; Hazardous Materials 
Safety Permits; (7 page(s), in English)  
6. Description of content:  Notice of proposed rulemaking - FMCSA proposes amendments 
to its Hazardous Materials Safety Permits ( HMSPs ) regulations to incorporate by reference 
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 (HRCQs) of radioactive material (RAM). 
The OOSC  provide enforcement personnel nationwide, including FMCSA's State partners, 
with uniform enforcement tolerances for inspections. Currently, the regulations reference 
the 1 April 2023, edition of the handbook. Through this notice, FMCSA proposes to 
incorpo rate by reference the 1 April 2024, 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:   G/TBT/N/USA/1744/Rev.2  
 
- 2 - 
 
  89 Federal Register (FR) 36742, 3 May 2024; Title 49 Code of Federal Regulations (CFR) 
Part 385 : 
https://www.govinfo.gov/content/pkg/FR -2024-05-03/html/2024 -09357.htm  
https://www .govinfo.gov/content/pkg/FR -2024-05-03/pdf/2024 -09357.pdf  
This notice of proposed rulemaking is identified by Docket Number FMCSA -2024-0073. 
The Docket Folder is available on Regulations.gov at 
https://www.regulations.gov/docket/FMCSA -2024-0073/document  and provides access 
to primary and supporting documents as well as comments received. Documents are also 
accessi ble from Regulations.gov  by searching the Docket Number. WTO Members and 
their stakeholders are asked to submit comments to the USA TBT Enquiry Point  by or 
before 4pm Eastern Time  on 3 May 2023. Com ments received by the USA TBT Enquiry 
Point from WTO Members and their stakeholders will be shared with the FMCSA 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:  3 June 2024  
11. Texts available from:  National enquiry point [ ] or address, telephone or fax 
numbers  and email and website address es, if available , of other body:   
https://members.wto.org/crnattachments/2024/TBT/USA/24_03103_00_e.pdf