What does 49 CFR 385.4 (Matter incorporated by reference) require?

Short answer

49 CFR 385.4 requires that certain material be incorporated by reference into this part, with the approval of the Director of the Federal Register, and be made available for inspection at the FMCSA and the National Archives and Records Administration (NARA).

The rule says

"Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51." (49 CFR 385.4(a))

"All approved incorporation by reference (IBR) material is available for inspection at the FMCSA and at the National Archives and Records Administration (NARA)." (49 CFR 385.4(a))

In plain English

This regulation means that the FMCSA has incorporated certain external standards and guidelines into its rules, and these materials can be inspected at the FMCSA or NARA. This is a common practice that allows regulatory agencies to reference established standards without having to reproduce them in the regulations themselves. The incorporated materials can include industry standards, technical guidelines, or other documents that are relevant to the regulation.

What to do

• Identify the incorporated materials listed in 49 CFR 385.4(b)
• Ensure that you have access to the most up-to-date versions of these materials
• Review the incorporated materials to understand how they apply to your operations
• Verify that you are complying with the requirements outlined in the incorporated materials