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Federal Register / Vol. 86, No. 164 / Friday, August 27, 2021 / Rules and Regulations
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example, most of the proposed changes to paragraph a to update the locations where incorporated materials can be obtained are no longer necessary because the updates were made in different rules 84 FR 32323, 32326 July 8, 2019; 85 FR 10307, 10310 Feb. 24, 2020. The exception is that FMCSA
amends paragraph a to provide a new email address fr.inspection@nara.gov for the National Archives and Records Administration. Because FMCSA takes the simpler approach in this final rule of incorporating by reference only CVSAs policy, proposed paragraph c to incorporate FMCSAs policy is no longer necessary. Because it is no longer helpful to restate the entire section for clarity, the restatement of paragraph b1 pertaining to other CVSA
materials incorporated by reference, which are unrelated to this rule, is unnecessary.
In this final rule, FMCSA amends the paragraph b introduction by adding the acronym CVSA. The Agency revises proposed paragraph b2 to reference the CVSA Operational Policy 4: Inspector Training and Certification April 29, 2021 revision of the policy including the April 4, 2019, March 30, 2020, and April 29, 2021 amendments, consistent with the requirements of the FAST Act and current certification processes. FMCSA adds the term CVSA Operational Policy 4 to make the related sections more concise.
FMCSA deletes the proposed reference to the CVSA policy being available as attachment A of the FMCSA
certification policy and changes proposed 385.209 to 385.207, to reflect the final rule section designation.
C. Subpart CCertification of Safety Auditors, Safety Investigators, and Safety Inspectors The NPRM proposed to remove and reserve 385.201, 385.203, and 385.205 and add new 385.207, 385.209, and 385.211 to accomplish the incorporation of both the CVSA and FMCSA policies. Because FMCSA takes the simpler approach in this final rule of incorporating by reference only CVSAs policy, FMCSA essentially needs only to amend the existing sections by removing references to inspections and adding a new 385.207
to address inspections. Accordingly, there is no need to amend the subpart heading.
However, since the existing regulations are nearly 20 years old, the Agency adopts most of the terminology and other updates or changes proposed in the NPRM. For example, FMCSA
adopts the current language for describing driver or vehicle inspections.

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The word individual replaces person and certain referenced pronouns. When employees are referenced, FMCSA includes contractors as proposed. The Agency adopts the updated physical and website addresses for this part as proposed in 385.4.
FMCSA removes the unnecessary acronym MCSAP also as proposed.
FMCSA continues to update the June 17, 2002 date used for the grandfather provisions. However, the NPRM was prepared under the assumption that the final rule would be effective 60 days after it was published. As discussed above in Section III, the Agency finds good cause to make this rule effective immediately. Accordingly, the referenced date is changed to reflect the date the final rule is published in the Federal Register, rather than 60 days following publication of the rule.

but again adds , including review, after investigation for clarification.
FMCSA also removes the references to roadside inspections. Finally, in paragraph b, FMCSA removes the paragraph heading to conform to the part style of not including such headings and the before FMCSA in the second sentence.

Section 385.201 Who is qualified to perform a safety audit or investigation, including review, of a motor carrier or an intermodal equipment provider?
In addition to adopting use of contractor and individual, eliminating use of MCSAP, and updating the date of the grandfather clause, FMCSA amends 385.201 as follows. The Agency changes the section heading by adding the phrase safety audit or investigation, including before review and adding a comma after it to identify the new scope of the section. FMCSA removes the terms compliance review and roadability review and replaces them with the phrase safety audit or investigation essentially as proposed, but adds , including review, after investigation to clarify an individual certified to perform an investigation is also certified to conduct a review, as defined in 385.3 to include compliance and roadability reviews.
FMCSA also removes the references to roadside inspections.

Section 385.207 What are the requirements to obtain and maintain certification to conduct driver or vehicle inspections?

Section 385.203 What are the requirements to obtain and maintain certification to perform a safety audit or investigation, including review?
In addition to adopting use of the term individual including replacing the word employees, updating the date of the grandfather clause, and updating physical and website addresses, FMCSA amends 385.201 as follows. The Agency changes the section heading by adding the phrase to perform a safety audit or investigation, including review to identify the scope of the section. FMCSA removes the terms compliance review and roadability review and replaces them with the phrase safety audit or investigation essentially as proposed,
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Section 385.205 How can an individual who has lost certification to perform a safety audit or investigation, including review, be re-certified?
In addition to adopting use of the term individual and eliminating certain referenced pronouns, FMCSA
amends 385.201 by adding in the section heading the phrase to perform a safety audit or investigation, including review after certification to identify the scope of the section.

FMCSA adds a new 385.207 to address certification to conduct driver or vehicle inspections as set forth in CVSAs Operational Policy 4. The Agency adopts this section essentially as proposed in the NPRM as 385.207b and 385.209, except for substituting CVSA and Operational Policy 4 where applicable to be more concise. FMCSA changes the section heading of proposed 385.209 by adding What are the at the beginning to form a question consistent with the existing section headings. The specifics of the grandfather provision in paragraph a were proposed 385.207b. The remainder of paragraph a was proposed 385.209a. Paragraph b was proposed 385.209b. FMCSA removes the proposed paragraph headings to conform to the part style of not including such headings.
VIII. Regulatory Analyses A. Executive Order E.O. 12866
Regulatory Planning and Review, E.O.
13563 Improving Regulation and Regulatory Review, and DOT
Regulatory Policies and Procedures FMCSA has considered the impacts of this rule under E.O. 12866 58 FR
51735, Oct. 4, 1993, Regulatory Planning and Review, as supplemented by E.O. 13563 76 FR 3821, Jan. 21, 2011, Improving Regulation and Regulatory Review, and DOTs regulatory policies and procedures. The Office of Information and Regulatory Affairs within the Office of Management and Budget OMB has determined that
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