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Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Rules and Regulations
standards; requirements and penalties.
To ensure consistency with the applicable statutory authority, the conjunction and is replaced with or in 383.5. The Agency changes the punctuation before the conjunction or from a comma to a semicolon. FMCSA
adds a comma after the word traffic in paragraph 1 to have consistent punctuation with paragraph 2.
N. Section 383.51
Drivers
Disqualification of
FMCSA adds an additional exclusion to entry 6 in Table 1 to 383.51 which is found in paragraph b of that section to make clear there is no enforcement discretion regarding the period of disqualification for human trafficking offenses. FMCSA added the human trafficking disqualification in entry 10
of Table 1 in a final rule published July 23, 2019 84 FR 35335, 35338. The addition requires the State to disqualify a commercial drivers license CDL
holder for life for a human trafficking conviction. Entry 10 reflects the statutory mandate that prohibits an individual from operating a CMV for life if the individual uses a CMV in the commission of a felony involving an act or practice of severe forms of trafficking in persons, as defined and described in 22 U.S.C. 710211. As amended, entry 6 excludes both a felony described in paragraph b9 of Table 1 entry 9
and a felony described in paragraph b10 of Table 1 entry 10.
O. Section 383.9
Vehicle Groups
Commercial Motor
FMCSA updates the title of Figure 1
to 383.91 from VEHICLE GROUPS AS
ESTABLISHED BY FHWA SECTION
383.91 to simply VEHICLE GROUPS
SECTION 383.91. This amendment eliminates the obsolete reference to FHWA, FMCSAs predecessor agency.

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P. Section 384.401 Withholding of Funds Based on Noncompliance In 384.401, FMCSA revises the cross-references to 23 U.S.C. 104b to reflect changes to 49 U.S.C. 31314c, the statutory provision that provides the cross-references in 384.401. Section 1404j of MAP21 Pub. L. 112141, 126 Stat. 405, 559, July 6, 2012 revised 49 U.S.C. 31314c, effective October 1, 2011. Section 384.401 is no longer consistent with the underlying statutory authority in 49 U.S.C. 31314c. To conform 384.401 to 49 U.S.C. 31314c, FMCSA changes the cross-references in paragraphs a and b of 384.401 from each of sections 104b1, b3, and b4 of title 23 U.S.C. to 23 U.S.C.
104b1 and 2.

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Q. Section 385.3 Definitions and Acronyms FMCSA removes the word on-site from the definition of Compliance review in paragraph 1 of the definition of Reviews in 385.3. This amendment recognizes the technological advances that allow FMCSA to perform the compliance review remotely in some cases. This amendment does not alter the Safety Fitness Rating Methodology SFRM in part 385, appendix B, nor does it eliminate the ability for FMCSA
to conduct onsite examinations. From the point of view of the regulated entity, the same safety performance metrics are being evaluated, so there is no change.
This amendment, however, clarifies that a safety investigator may, in some cases, perform all the investigative functions of the compliance review remotely when the motor carrier uploads its business records for review to FMCSAs online system and the investigator conducts subsequent discussions with motor carrier officials and employees remotely.
Further, FMCSA notes that this amendment also does not alter in any way the requirements of section 350 of the 2002 DOT Appropriations Act Pub.
L. 10787, 115 Stat. 833, 864, Dec. 18, 2001 49 U.S.C. 13902 note, with which FMCSA will continue to comply, that certain compliance reviews under 49 CFR part 385, subpart B, as to Mexico-domiciled carriers, be conducted onsite.
FHWA first published the definition of Compliance review in 1988 53 FR
50961, 50968, Dec. 19, 1988. The compliance review process at that time did not use a published methodology. In 1997, FHWA published the SFRM 62
FR 60035, Nov. 6, 1997 to codify a more objective safety rating process for the compliance review 62 FR 60037.
Under the SFRM, safety investigators sample a carriers records and document violations of acute regulations and patterns of violations of critical regulations to complete the compliance review 385.9; appendix B to part 385.
Section I Source of Data for Rating Methodology of appendix B to part 385 states that the sources of data for the compliance reviews in-depth examination of a motor carriers operations are documents such as those contained in driver qualification files, records of duty status, vehicle maintenance records, and other records. The definition of Compliance review lists these records, along with other objective safety and transportation records, as examples of what a safety investigator would be reviewing during a compliance review. Until relatively
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recently, safety investigators had to visit the motor carriers principal place of business to review these records.
FMCSA is now able to ask carriers to upload their records to FMCSAs online system, making an on-site visit unnecessary in certain compliance reviews.
FMCSA also removes the word onsite from the definition of Roadability review in paragraph 4 of the definition of Reviews in 385.3. FMCSA makes this amendment to provide consistency between the definitions of Compliance review and Roadability review. The roadability review program was modeled after FMCSAs compliance review program 71 FR 76796, 76798, Dec. 21, 2006. This amendment recognizes that the same technological advances that allow FMCSA to perform the compliance review remotely in some cases also allow FMCSA to perform the roadability review remotely in some cases.
In addition to the above amendments, FMCSA adds a missing apostrophe to the phrase commercial drivers license in the definition of Compliance review.
R. Section 385.21 Separation of Functions In new 385.21, FMCSA adds a separation of functions provision that applies to the various administrative review proceedings under part 385. This amendment clarifies that FMCSA
applies a separation of functions between Agency employees engaged in the performance of investigative or prosecutorial functions and those who participate or advise in the decision in administrative review proceedings under part 385. This new section merely codifies the separation of functions that has, in fact, been maintained in FMCSA
since the Agency was created in 2000.
FMCSA adopts language for this section that is consistent with DOT policy and the requirements for adjudications in 5
U.S.C. 554. It also is similar to the language in 386.3, which is the separation of functions provision applicable to administrative reviews of proposed civil penalties.
S. Appendix B to Part 385Explanation of Safety Rating Process FMCSA amends appendix B to part 385 to conform to a 2013 revision of the standard in 383.37 from knowingly to knows or should reasonably know 78 FR 60226, 60227, 60231, Oct. 1, 2013. Specifically, FMCSA amends the entries for 383.37a through c on the List of Acute and Critical Regulations found in Section VII of appendix B to part 385. In each of those entries,
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