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Federal Register / Vol. 86, No. 164 / Friday, August 27, 2021 / Rules and Regulations
Government and Indian Tribes, or on the distribution of power and responsibilities between the Federal Government and Indian Tribes.
J. National Environmental Policy Act of 1969
FMCSA analyzed this rulemaking for the purpose of the National Environmental Policy Act of 1969 42
U.S.C. 4321 et seq. and determined this action is categorically excluded from further analysis and documentation in an environmental assessment or environmental impact statement under FMCSA Order 5610.1 69 FR 9680, Mar.
1, 2004, Appendix 2, paragraph 6.d.
The categorical exclusion in paragraph 6.d. covers regulations concerning the training, qualifying, licensing, certifying, and managing of personnel.
The requirements in this rule are covered by this categorical exclusion and the rule will not have any effect on the quality of the environment.
List of Subjects in 49 CFR Part 385
Administrative practice and procedure, Highway safety, Incorporation by reference, Mexico, Motor carriers, Motor vehicle safety, Reporting and recordkeeping requirements.
In consideration of the foregoing, FMCSA amends 49 CFR chapter III, part 385, to read as follows:
PART 385SAFETY FITNESS
PROCEDURES
1. The authority citation for part 385
is revised to read as follows:

Authority: 49 U.S.C. 113, 504, 521b, 5105d, 5109, 5113, 1390113905, 13908, 31135, 31136, 31144, 31148, 31151, 31502;
sec. 113a, Pub. L. 103311, 108 Stat. 1673, 1676; sec. 408, Pub. L. 10488, 109 Stat. 803, 958; sec. 350, Pub. L. 10787, 115 Stat. 833, 864; sec. 5205, Pub. L. 11494, 129 Stat.
1312, 1537; and 49 CFR 1.87.

2. In 385.3, republish paragraph 2
of the definition of Reviews to read as follows:

385.3

Definitions and acronyms.

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Reviews.
2 Safety audit means an examination of a motor carriers operations to provide educational and technical assistance on safety and the operational requirements of the FMCSRs and applicable HMRs and to gather critical safety data needed to make an assessment of the carriers safety performance and basic safety management controls. Safety audits do not result in safety ratings.

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3. Amend 385.4 as follows:
a. In paragraph a, remove the text fedreg.legal@nara.gov and add, in its place, the text fr.inspection@nara.gov;
b. Revise paragraph b introductory text; and c. Add paragraph b2.
The revision and addition read as follows:

385.4

Matter incorporated by reference.

b Commercial Vehicle Safety Alliance CVSA, 6303 Ivy Lane, Suite 310, Greenbelt, MD 20770, telephone 301 8306143, www.cvsa.org.

2 Operational Policy 4: Inspector Training and Certification, Revised April 29, 2021 CVSA Operational Policy 4; incorporation by reference approved for 385.207. Also available at www.fmcsa.dot.gov/certification.
4. Revise 385.201 to read as follows:
385.201 Who is qualified to perform a safety audit or investigation, including review, of a motor carrier or an intermodal equipment provider?

a An FMCSA employee or contractor, or a State or local government employee or contractor funded through the Motor Carrier Safety Assistance Program, who was qualified to perform a safety audit or investigation, including review, before August 27, 2021, may perform a safety audit or investigation, including review, if the individual complies with 385.203b.
b An individual who was not qualified to perform a safety audit or investigation, including review, before August 27, 2021, may perform a safety audit or investigation, including review, after complying with the requirements of 385.203a.
5. Revise 385.203 to read as follows:
385.203 What are the requirements to obtain and maintain certification to perform a safety audit or investigation, including review?

a On and after August 27, 2021, an individual who is not qualified under 385.201a may not perform a safety audit or investigation, including review, unless the individual has been certified by FMCSA or a State or local agency applying the FMCSA standards after successfully completing classroom training and examinations on the FMCSRs and HMRs as described in detail on the FMCSA website www.fmcsa.dot.gov/certification.
These individuals must also comply with the maintenance of certification/
qualification requirements of paragraph b of this section.

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b An individual may not perform a safety audit or investigation, including review, unless the individual meets the quality-control and periodic re-training requirements adopted by FMCSA to ensure the maintenance of high standards and familiarity with amendments to the FMCSRs and HMRs.
These maintenance of certification/
qualification requirements are described in detail on the FMCSA website www.fmcsa.dot.gov/certification.
c The requirements of paragraphs a and b of this section for training, performance, and maintenance of certification/qualification, which are described on the FMCSA website www.fmcsa.dot.gov/certification, are also available in hard copy from the Federal Motor Carrier Safety Administration, Office of Enforcement and Compliance, 1200 New Jersey Ave.
SE, Washington, DC 20590; Attention:
Chief, Compliance Division at 202
3661812.

6. Revise 385.205 to read as follows:

385.205 How can an individual who has lost certification to perform a safety audit or investigation, including review, be recertified?

The individual must successfully complete the requirements of 385.203a and b.

7. Add 385.207 to read as follows:

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

a An FMCSA employee or contractor, or a State or local government employee or contractor funded through the Motor Carrier Safety Assistance Program, who was qualified to conduct a driver or vehicle inspection before August 27, 2021 or meets requirements as specified in CVSA
Operational Policy 4 incorporated by reference, see 385.4 may conduct a driver or vehicle inspection. The individual may conduct a driver or vehicle inspection only at a level for which the individual is certified.
b An individual who qualifies to conduct driver or vehicle inspections under this section must meet the requirements for maintaining certification or obtaining recertification as specified in CVSA Operational Policy 4.
Issued under authority delegated in 49 CFR 1.87.
Meera Joshi, Deputy Administrator.
FR Doc. 202118474 Filed 82621; 8:45 am BILLING CODE 4910EXP

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