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Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Rules and Regulations
BILLING CODE 4910EXC

PART 384STATE COMPLIANCE
WITH COMMERCIAL DRIVERS
LICENSE PROGRAM
19. The authority citation for part 384
is revised to read as follows:

Authority: 49 U.S.C. 31136, 31301 et seq., 31502; secs. 103 and 215, Pub. L. 106159, 113 Stat. 1753, 1767; sec. 32934, Pub. L. 112
141, 126 Stat. 405, 830; secs. 5401 and 7208, Pub. L. 11494, 129 Stat. 1312, 1546, 1593
49 U.S.C. 31305a; and 49 CFR 1.87.

20. Revise 384.401 to read as follows:

384.401 Withholding of funds based on noncompliance.

a Following the first year of noncompliance. An amount up to 4
percent of the Federal-aid highway funds required to be apportioned to any State under 23 U.S.C. 104b1 and 2
shall be withheld from a State on the first day of the fiscal year following such States first year of noncompliance under this part.
b Following second and subsequent years of noncompliance. An amount up to 8 percent of the Federal-aid highway funds required to be apportioned to any State under 23
U.S.C. 104b1 and 2 shall be withheld from a State on the first day of the fiscal year following such States second or subsequent years of noncompliance under this part.
PART 385SAFETY FITNESS
PROCEDURES
21. The authority citation for part 385
continues to read as follows:

Authority: 49 U.S.C. 113, 504, 521b, 5105d, 5109, 5113, 1390113905, 13908, 31135, 31136, 31144, 31148, and 31502; Sec.
113a, Pub. L. 103311; Sec. 408, Pub. L.
10488, 109 Stat. 803, 958; Sec. 350 of Pub.
L. 10787, 115 Stat. 833, 864; and 49 CFR
1.87.

22. In 385.3, amend the definition of Reviews by revising the first sentence of paragraph 1 and paragraph 4 to read as follows:

385.3

Definitions and acronyms.

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Reviews.
1 Compliance review means an examination of motor carrier operations, such as drivers hours of service, maintenance and inspection, driver qualification, commercial drivers license requirements, financial responsibility, accidents, hazardous materials, and other safety and transportation records to determine
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whether a motor carrier meets the safety fitness standard in this part.

4 Roadability review means an examination of the intermodal equipment providers compliance with the applicable FMCSRs.

23. Add 385.21 to read as follows:
385.21

Separation of functions.

a An Agency employee engaged in the performance of investigative, advocacy, or prosecutorial functions in a proceeding under 385.15, 385.113, 385.327, 385.423, 385.711, 385.911e, 385.913e, 385.1009d, or 385.1011d may not, in that case or a factually-related case, discuss or communicate the facts or issues involved with, or otherwise advise or assist, the Agency decisionmaker or personnel advising the Agency decisionmaker, except as counsel or a witness in a public proceeding, or if the same facts and information are provided to all the parties involved in the matter.
The prohibition in this paragraph a also includes the staff of those covered by this section.
b As used in this section, decisionmaker means the FMCSA
official authorized to issue a final decision in the applicable proceeding listed in paragraph a of this section.
c Nothing in this part shall preclude Agency decisionmakers or anyone advising an Agency decision-maker from taking part in a determination to launch an investigation or issue a complaint, or similar preliminary decision.
24. Amend appendix B to part 385 in section VII by revising the entries 383.37a, 383.37b, and 383.37c to read as follows:
Appendix B to Part 385Explanation of Safety Rating Process

VII. List of Acute and Critical Regulations

383.37a Allowing, requiring, permitting, or authorizing a driver to operate a CMV who the employer knew or should reasonably have known does not have a current CLP or CDL, does not have a CLP or CDL with the proper class or endorsements, or operates a CMV in violation of any restriction on the CLP
or CDL acute.
383.37b Allowing, requiring, permitting, or authorizing a driver to operate a CMV who the employer knew or should reasonably have known has a CLP or CDL disqualified by a State, has
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lost the right to operate a CMV in a State, or has been disqualified acute.
383.37c Allowing, requiring, permitting, or authorizing a driver to operate a CMV who the employer knew or should reasonably have known has more than one CLP or CDL acute.

PART 390FEDERAL MOTOR
CARRIER SAFETY REGULATIONS;
GENERAL
25. The authority citation for part 390
continues to read as follows:

Authority: 49 U.S.C. 504, 508, 31132, 31133, 31134, 31136, 31137, 31144, 31149, 31151, 31502; sec. 114, Pub. L. 103311, 108
Stat. 1673, 1677; secs. 212 and 217, Pub. L.
106159, 113 Stat. 1748, 1766, 1767; sec. 229, Pub. L. 106159 as added and transferred by sec. 4115 and amended by secs. 41304132, Pub. L. 10959, 119 Stat. 1144, 1726, 1743;
sec. 4136, Pub. L. 10959, 119 Stat. 1144, 1745; secs. 32101d and 32934, Pub. L. 112
141, 126 Stat. 405, 778, 830; sec. 2, Pub. L.
113125, 128 Stat. 1388; secs. 5403, 5518, and 5524, Pub. L. 11494, 129 Stat. 1312, 1548, 1558, 1560; sec. 2, Pub. L. 115105, 131 Stat. 2263; and 49 CFR 1.81, 1.81a, 1.87.

26. Amend 390.5 as follows:
a. Lift the suspension of the section;
b. Revise paragraphs 2i and ii of the definition of Covered farm vehicle;
and c. Suspend 390.5 indefinitely.
The revision reads as follows:

390.5

Definitions.

Covered farm vehicle
2
i With a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, whichever is greater, of 26,001 pounds or less may utilize the exemptions in 390.39
anywhere in the United States; or ii With a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, whichever is greater, of more than 26,001 pounds may utilize the exemptions in 390.39
anywhere in the State of registration or across State lines within 150 air miles of the farm or ranch with respect to which the vehicle is being operated.

27. Amend 390.5T by revising paragraphs 2i and ii of the definition of Covered farm vehicle to read as follows:
390.5T

Definitions.

Covered farm vehicle
2
i With a gross vehicle weight rating or gross combination weight rating, or
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