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Federal Register / Vol. 86, No. 164 / Friday, August 27, 2021 / Rules and Regulations that removes an inspector from the responsibility or ability to conduct inspections. This includes, but is not limited to fire, flood, drought, pestilence, famine, disease, hurricanes, tornadoes, etc. On page 8, the March 30, 2020 revision addresses initial certifications, providing that, in the case of a declared emergency, if an inspector is unable to conduct the inspections within the required 6-month time frame, the applicable lead agency may provide the inspector an extension not exceeding 6 months. However, if the declared emergency lasts beyond the 6month extension, an inspector must attend applicable courses, pass required exams, and complete required inspections. The applicable jurisdiction is responsible for ensuring proficiency once initial inspections are completed.
Under the Standards for Inspector Decertification/Dequalification, on page 14 of the March 30, 2020 revision, a provision is added addressing declared emergencies affecting an inspectors ability to maintain any certification other than Level VI Transuranic Waste and Highway Route Controlled Qualities HRCQ of Radioactive Material and Performance-Based Brake Tester Qualification. If an inspector cannot complete the required inspections during a 3-month extension period available under the policy, the March 30, 2020 revision allows the lead agency to grant a further extension lasting no more than 3 months beyond the end of the declared emergency. Finally, on page 10, the March 30, 2020 revision addresses similar extensions in cases of declared emergencies for those with Level VI certifications and qualification as a performance-based brake tester.
The April 29, 2021 revision makes changes needed to give all trainee inspectors a full 6 months to complete the applicable number of required inspections. Specifically, on pages 2
Level I Certification, 3 Level II and III
Certification, and 4 Level V
Certification, the prior version provided inspections are to be completed no later than 6 months after passing the required written exam or exams, as applicable. The revision removes the word written because not all exams are written and adds a sentence. It reads: Agencies that have additional classroom training elements immediately following the exam may have the six-month time frame begin after all the classroom training is completed. Some programs have classroom training that continues several weeks after the required formal exams, during which time inspections cannot be performed. The April 29, 2021 revision addresses these situations
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and ensures trainee inspectors are not disadvantaged if a program provides classroom training after the exams are completed.
At the end of the section labeled Level II Certification on page 3, the April 29, 2021 revision adds a paragraph that provides successful completion of Level II certification training also qualifies an inspector to receive a Certificate of Proficiency to conduct Level III inspections and, if the inspection includes a specific component identified in the Level II
Inspection Procedure, Level IV
inspections. This clarifies that successful completion of Level II
certification includes certification to conduct Level III or certain focused inspections. Similarly, at the end of the section labeled Level III Certification on page 4, the April 29, 2021 revision adds language that provides successful completion of Level III certification training also qualifies an inspector to receive a Certificate of Proficiency to conduct Level IV inspections if the inspection includes a specific component identified in the Level III
Inspection Procedure. Finally, at the end of the section labeled Level V
Certification on page 4, the April 29, 2021 revision adds language that provides successful completion of Level V certification training also qualifies an inspector to receive a Certificate of Proficiency to conduct Level IV
inspections if the inspection includes a specific component identified in the Level V Inspection Procedure.
Other changes are simply technical or administrative measures.8
VI. Incorporation by Reference In accordance with section 5205 of the FAST Act note following 49 U.S.C.
31148, FMCSA incorporates by reference in its regulations CVSAs Operational Policy 4: Inspector Training and Certification, revised April 29, 2021. This rule amends 49
CFR 385.4, Matter incorporated by reference, to include CVSAs policy on 8 For example, on page 3 of the April 4, 2019
revision, under Level II certification, a change is made to reflect that either Level I or Level II
inspections may count toward the 32-inspection minimum. Throughout the notes included under each certification standard, the appropriate certification description is inserted in describing the type of inspections not permitted absent certification in lieu of references to Level I
inspection in the 2017 policy; this appears to correct a typographical error. On page 1 of that revised policy, under the heading General, the word Inspection is inserted after the term Hazardous Materials/Dangerous Goods. On page 4 of the March 30, 2020 revision, a missing word was inserted and references to the availability of refresher training were inserted in appropriate locations.

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the list of materials incorporated and to identify the specific section that relies upon the material. The policy is referenced in 385.207.
The CVSA policy ensures that CMV
inspectors uploading driver or vehicle inspection reports and data into FMCSA
information systems are certified under a training program that is approved by CVSA. The policy provides the standards for initial inspector certification and maintenance of inspector certification. It also provides the decertification process and paths to regain certification.
The CVSA policy provides the minimum training and testing requirements and number of inspections an individual must complete to be certified to conduct the following types of driver or vehicle inspections:
North American Standard Level I, II, III, and V Inspections;
Hazardous Materials/Dangerous Goods Inspection;
Cargo Tank Inspection;
Other Bulk Packaging Inspection;
Passenger Carrier Vehicle Inspection;
North American Standard Level VI
Inspection for Transuranic Waste and Highway Route Controlled Quantities HRCQ of Radioactive Material; and Performance-Based Brake Testing.
CVSAs Operational Policy 4:
Inspector Training and Certification is available in the docket for this rulemaking. Additionally, the material is available, and will continue to be available, for inspection at the FMCSA, Office of Enforcement and Compliance, 1200 New Jersey Avenue SE, Washington, DC 20590 Attention:
Chief, Compliance Division at 202
3661812, and online at https
www.fmcsa.dot.gov/certification.
VII. Section-by-Section Analysis This section-by-section analysis describes changes from the proposed rule in numerical order. With respect to subpart C of part 385, changes from the existing regulatory text also are explained.
A. Section 385.3
Acronyms
Definitions and
This section is adopted as proposed in the July 8, 2019 NPRM. As stated in the NPRM, FMCSA republishes the definition of safety audit in paragraph 2 of the definition of reviews without change as a procedural necessity to replace the 2002 IFR.
B. Section 385.4
by Reference
Matter Incorporated
Many changes proposed to 385.4 in the NPRM are no longer necessary. For
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