General Technical, Organizational, Conforming, and Correcting Amendments to the Federal Motor Carrier Safety Regulations, 35633-35653 [2021-13888]
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Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Rules and Regulations
0.361, 1.3, the petition for
reconsideration filed by Sorenson
Communications, LLC, is granted in
part and dismissed in part.
DEPARTMENT OF TRANSPORTATION
List of Subjects in 47 CFR Part 64
49 CFR Parts 381, 382, 383, 384, 385,
390, and 391
Federal Motor Carrier Safety
Administration
Incorporation by reference,
Individuals with disabilities,
Telecommunications,
Telecommunications relay services.
[Docket No. FMCSA–2020–0135]
RIN 2126–AC33
Federal Communications Commission.
Gregory Haledjian,
Legal Advisor, Consumer and Governmental
Affairs Bureau.
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 64 as
follows:
PART 64—MISCELLANEOUS RULES
RELATING TO COMMON CARRIERS
1. The authority citation for part 64
continues to read as follows:
■
Authority: 47 U.S.C. 151, 152, 154, 201,
202, 217, 218, 220, 222, 225, 226, 227, 227b,
228, 251(a), 251(e), 254(k), 262, 276,
403(b)(2)(B), (c), 616, 620, 1401–1473, unless
otherwise noted; Pub. L. 115–141, Div. P, sec.
503, 132 Stat. 348, 1091.
■
■
2. Amend § 64.621 by
a. Revising paragraph (a)(3); and
b. Removing and reserving (c)(2)(ii).
The revision reads as follows:
§ 64.621
Interoperability and portability.
(a) * * *
(3) All VRS providers must ensure
that their VRS access technologies and
their video communication service
platforms are interoperable with the
VRS Access Technology Reference
Platform, including for point-to-point
calls. No VRS provider shall be
compensated for minutes of use
involving their VRS access technologies
or video communication service
platforms that are not interoperable with
the VRS Access Technology Reference
Platform.
*
*
*
*
*
[FR Doc. 2021–13486 Filed 7–6–21; 8:45 am]
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BILLING CODE 6712–01–P
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Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Final rule.
AGENCY:
Final Rules
■
General Technical, Organizational,
Conforming, and Correcting
Amendments to the Federal Motor
Carrier Safety Regulations
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FMCSA amends its
regulations by making technical
corrections throughout the Federal
Motor Carrier Safety Regulations
(FMCSRs). The Agency makes minor
changes to correct inadvertent errors
and omissions, remove or update
obsolete references, and improve the
clarity and consistency of certain
regulatory provisions. The Agency also
makes nondiscretionary, ministerial
changes that are statutorily mandated
and changes that merely align regulatory
requirements with the underlying
statutory authority. Finally, this rule
contains two minor changes to FMCSA’s
rules of agency procedure or practice
that relate to separation of functions and
allowing FMCSA and State personnel to
conduct off-site compliance reviews of
motor carriers following the same safety
fitness determination criteria used in
on-site compliance reviews.
DATES: This final rule is effective July 7,
2021, except for amendatory instruction
31 which is effective September 7, 2021.
FOR FURTHER INFORMATION CONTACT: Mr.
Nicholas Warren, Regulatory
Development Division, Office of Policy,
Federal Motor Carrier Safety
Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001; (202) 366–6124; nicholas.warren@
dot.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Legal Basis for the Rulemaking
Congress delegated certain powers to
regulate interstate commerce to the
United States Department of
Transportation (DOT or Department) in
numerous pieces of legislation, most
notably in section 6 of the Department
of Transportation Act (DOT Act) (Pub.
L. 89–670, 80 Stat. 931, 937, Oct. 15,
1966). Section 6 of the DOT Act
transferred to the Department the
authority of the former Interstate
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Commerce Commission (ICC) to regulate
the qualifications and maximum hours
of service of employees, the safety of
operations, and the equipment of motor
carriers in interstate commerce (80 Stat.
939). This authority, first granted to the
ICC in the Motor Carrier Act of 1935
(Pub. L. 74–255, 49 Stat. 543, Aug. 9,
1935), now appears in 49 U.S.C. chapter
315. The regulations issued under this
(and subsequently enacted) authority
became known as the FMCSRs, codified
at 49 CFR parts 350–399. The
administrative powers to enforce
chapter 315 (codified in 49 U.S.C.
chapter 5) were also transferred from the
ICC to the DOT in 1966, and assigned
first to the Federal Highway
Administration (FHWA) and then to
FMCSA. The FMCSA Administrator has
been delegated authority under 49 CFR
1.87 to carry out the motor carrier
functions vested in the Secretary of
Transportation.
Between 1984 and 1999, several
statutes added to FHWA’s authority.
Various statutes authorize the
enforcement of the FMCSRs, the
Hazardous Materials Regulations, and
the Commercial Regulations, and
provide both civil and criminal
penalties for violations of these
requirements. These statutes include the
Motor Carrier Safety Act of 1984 (Pub.
L. 98–554, Title II, 98 Stat. 2832, Oct.
30, 1984), codified at 49 U.S.C. chapter
311, subchapter III; the Commercial
Motor Vehicle Safety Act of 1986 (Pub.
L. 99–570, Title XII, 100 Stat. 3207–170,
Oct. 27, 1986), codified at 49 U.S.C.
chapter 313; the Hazardous Materials
Transportation Uniform Safety Act of
1990, as amended (Pub. L. 101–615, 104
Stat. 3244, Nov. 16, 1990), codified at 49
U.S.C. chapter 51; the Omnibus
Transportation Employee Testing Act of
1991 (Pub. L. 102–143, Title V, 105 Stat.
917, 952, Oct. 28, 1991), codified at 49
U.S.C. 31306; and the ICC Termination
Act of 1995 (Pub. L. 104–88, 109 Stat.
803, Dec. 29, 1995), codified at 49
U.S.C. chapters 131–149.
The Motor Carrier Safety
Improvement Act of 1999 (Pub. L. 106–
159, 113 Stat. 1748, Dec. 9, 1999)
established FMCSA as a new operating
administration within DOT, effective
January 1, 2000. The motor carrier safety
responsibilities previously assigned to
both the ICC and FHWA are now
assigned to FMCSA.
Congress expanded, modified, and
amended FMCSA’s authority in the
Uniting and Strengthening America by
Providing Appropriate Tools Required
to Intercept and Obstruct Terrorism Act
of 2001 (Pub. L. 107–56, 115 Stat. 272,
Oct. 26, 2001); the Safe, Accountable,
Flexible, Efficient Transportation Equity
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Act: A Legacy for Users (SAFETEA–LU)
(Pub. L. 109–59, 119 Stat. 1144, Aug. 10,
2005); the SAFETEA–LU Technical
Corrections Act of 2008 (Pub. L. 110–
244, 122 Stat. 1572, June 6, 2008); the
Moving Ahead for Progress in the 21st
Century Act (MAP–21) (Pub. L. 112–
141, 126 Stat. 405, July 6, 2012); and the
Fixing America’s Surface Transportation
Act (Pub. L. 114–94, 129 Stat. 1312, Dec.
4, 2015).
The specific regulations amended by
this rule are based on the statutes
detailed above. Generally, the legal
authority for each of those provisions
was explained when the requirement
was originally adopted and is noted at
the beginning of each part in title 49 of
the Code of Federal Regulations.
The Administrative Procedure Act
(APA) specifically provides exceptions
to its notice and comment rulemaking
procedures when an agency finds there
is good cause to dispense with them,
and incorporates the finding, and a brief
statement of reasons therefore, in the
rules issued (5 U.S.C. 553(b)(3)(B)).
Good cause exists when an agency
determines that notice and public
comment procedures are impractical,
unnecessary, or contrary to the public
interest. The amendments made in this
final rule primarily correct inadvertent
errors and omissions, remove or update
obsolete references, and make minor
language changes to improve clarity and
consistency. Some changes are
statutorily mandated or relate to
previous changes that were statutorily
mandated. In accommodating those
changes, the Agency is performing
nondiscretionary, ministerial acts. Other
changes merely align regulatory
requirements with the underlying
statutory authority. The technical
amendments do not impose any
material new requirements or increase
compliance obligations. In addition, the
amendments removing the word ‘‘onsite’’ from the definitions of Compliance
review and Roadability review in § 385.3
recognize the technological advances
that allow FMCSA to perform the same
investigative functions remotely in some
cases that it could perform previously
only by in-person reviews of the motor
carrier’s files. The regulatory standards
are not changing as a result of this
minor procedural adjustment. Moreover,
the APA provides an additional
exception to its notice and comment
rulemaking procedures for ‘‘rules of
agency organization, procedure, or
practice’’ (5 U.S.C. 553(b)(3)(A)). For
these reasons, FMCSA finds good cause
that notice and public comment on this
final rule are unnecessary.
The amendment adding a separation
of functions provision in new § 385.21
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also concerns the APA exception for
‘‘rules of agency organization,
procedure, or practice.’’ The
amendment is, therefore, excepted from
the notice and public comment
requirements.
The APA also allows agencies to make
rules effective immediately with good
cause (5 U.S.C. 553(d)(3)), instead of
requiring publication 30 days prior to
the effective date. For the reasons
already stated, FMCSA finds there is
good cause for this rule to be effective
immediately, except as noted in
amendatory instruction 31, concerning
the revised Medical Examination Report
Form, MCSA–5875, in § 391.43(f).
The Agency is aware of the regulatory
requirements concerning public
participation in FMCSA rulemaking (49
U.S.C. 31136(g)). These requirements
pertain to certain major rules,1 but,
because this final rule is not a major
rule, they are not applicable.
II. Section-by-Section Analysis
This section-by-section analysis
describes the changes to the regulatory
text in numerical order.
A. Section 381.110 What definitions
are applicable to this part?
FMCSA adds parts 380 and 384 to the
definition of FMCSRs in § 381.110.
Through this amendment, in
conjunction with the following
amendments to §§ 381.200, 381.300, and
381.400, FMCSA adds parts 380 and 384
to the list of parts and sections of the
FMCSRs from which, pursuant to part
381, FMCSA may grant a waiver, an
exemption, or an exemption for a pilot
program. This change is in accordance
with 49 U.S.C. 31136(e) and 49 U.S.C.
31315(a), (b), and (c), which provide for
waivers and exemptions from
regulations prescribed under 49 U.S.C.
31136 and chapter 313, and for pilot
programs, respectively. As all
regulations set forth in parts 380 and
384 were promulgated under that
authority, this change merely aligns the
regulatory requirements in part 381 with
the authority set forth in those statutes.
FMCSA also changes the punctuation
for the list in the parenthetical text.
1 A ‘‘major rule’’ means any rule that the
Administrator of the Office of Information and
Regulatory Affairs of the Office of Management and
Budget finds has resulted in or is likely to result
in (a) an annual effect on the economy of $100
million or more; (b) a major increase in costs or
prices for consumers, individual industries, Federal
agencies, State agencies, local government agencies,
or geographic regions; or (c) significant adverse
effects on competition, employment, investment,
productivity, innovation, or on the ability of United
States-based enterprises to compete with foreignbased enterprises in domestic and export markets
(5 U.S.C. 804(2)).
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B. Section 381.200 What is a waiver?
In § 381.200(d), FMCSA adds parts
380 and 384 to the FMCSRs from which
entities and individuals can request
waivers pursuant to part 381, subpart B.
This change is authorized as stated
above in section II.A.
C. Section 381.300 What is an
exemption?
In § 381.300(c), FMCSA adds parts
380 and 384 to the FMCSRs from which
entities and individuals can request
exemptions pursuant to part 381,
subpart C. This change is authorized as
stated above in section II.A.
D. Section 381.400 What is a pilot
program?
In § 381.400(f), FMCSA adds parts 380
and 384 to the FMCSRs from which
entities and individuals can request
exemptions for pilot programs pursuant
to part 381, subpart D. This change is
authorized as stated above in section
II.A.
E. Section 382.103 Applicability
In § 382.103(d)(1), FMCSA adds the
word ‘‘only’’ after ‘‘comply’’ to clarify
that drivers who perform only Federal
Transit Administration (FTA)-regulated
safety-sensitive functions are exempt
from part 382, as are their employers. By
contrast, FTA-regulated entities that
employ drivers who also perform
FMCSA-regulated safety-sensitive
functions must comply with the
relevant testing requirements of part
382. FMCSA makes this change, which
reflects the purpose and intent of
§ 382.103(d)(1), as stated above, to
improve clarity.
F. Section 382.121 Employee
Admission of Alcohol and Controlled
Substances Use
FMCSA inserts ‘‘non-DOT’’ before
‘‘return to duty’’ in paragraphs (b)(4)(i)
and (ii) of § 382.121. Paragraph (a)
provides that employees who self-admit
alcohol misuse or controlled substances
use to their employers are not subject to
obtaining referral, evaluation, and
treatment under parts 382 and 40. The
changes in paragraph (b)(4) clarify that
the ‘‘return to duty’’ (RTD) testing
referenced is not the DOT testing
required under parts 382 and 40. This
clarification is intended to remind
employers that, consistent with the
purpose of this section, results of nonDOT RTD tests conducted in accordance
with paragraph (b)(4) should not be
reported to the Commercial Driver’s
License Drug and Alcohol
Clearinghouse (Clearinghouse), an
electronic database that contains driverspecific drug and alcohol program
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violation information. The changes also
provide consistency with the reference
in paragraph (b)(5) to ‘‘non-DOT followup testing.’’
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G. Section 382.123 Driver
identification
In § 382.123(b)(2), FMCSA corrects a
reference to the Alcohol Testing Form
(ATF) (the subject of paragraph (a)),
instead of the Federal Drug Testing
Custody and Control Form (CCF) (the
subject of paragraph (b)). The heading of
§ 382.123(b) (‘‘Identification information
on the Federal Drug Testing Custody
and Control Form (CCF)’’) indicates this
paragraph relates to the information
required to be provided on the CCF.
H. Section 382.701 Drug and Alcohol
Clearinghouse
Subpart G of part 382, beginning with
§ 382.701, provides requirements and
procedures for implementation of the
Clearinghouse. In § 382.701, FMCSA
amends paragraph (d) by adding after
the first use of the word ‘‘driver’’ the
words ‘‘the employer employs or
intends to hire or use.’’ The sentence
now reads, in part, ‘‘No employer may
allow a driver the employer employs or
intends to hire or use to perform any
safety-sensitive function if the results of
a Clearinghouse query demonstrate that
the driver has a verified positive,
adulterated, or substituted controlled
substances test result . . . .’’
The purpose of the amendment is to
align § 382.701(d) with 49 U.S.C.
31306a, which prohibits employers from
using current and prospective
employee-drivers to operate a
commercial motor vehicle (CMV) if a
query of the Clearinghouse shows the
driver has violated the drug and alcohol
testing program requirements and has
not completed the return-to-duty
process. In this regard, section
31306a(m)(5) defines ‘‘employer’’ as ‘‘a
person or entity employing, or seeking
to employ, 1 or more employees
(including an individual who is selfemployed) to be commercial motor
vehicle operators.’’ As currently drafted,
§ 382.701(d) may imply that the
prohibition against permitting a driver
with unresolved drug and alcohol
testing program violations to perform
safety-sensitive functions applies to
current, and not prospective, employeedrivers. This amendment makes clear
that, consistent with the statute, the
prohibition applies to employers of
current and prospective drivers. In
addition, the amendment conforms
§ 382.701(d) to § 382.301(a) (‘‘Preemployment testing’’), which states, in
part, ‘‘No employer shall allow a driver,
who the employer intends to hire or use,
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to perform safety-sensitive functions
unless the employer has received a
controlled substances test result from
the [Medical Review Officer (MRO)] or
[Consortium/Third party Administrator
(C/TPA)] indicating a verified negative
test result for that driver.’’
I. Section 382.705 Reporting to the
Clearinghouse
FMCSA amends three paragraphs of
§ 382.705(b). In paragraph (b)(3)(iii),
FMCSA replaces the word ‘‘designated’’
with the phrase ‘‘authorized to act’’ for
clarity. This clarifying change avoids
potential confusion caused by use of the
word ‘‘designate’’ elsewhere in the
section. In paragraph (b)(6) of that same
section, ‘‘designate’’ pertains to the
designation of a C/TPA for
Clearinghouse reporting purposes. By
substituting ‘‘authorized to act’’ for
‘‘designate’’ in paragraph (b)(3)(iii),
FMCSA makes clear that, as intended,
the C/TPA must have been acting with
actual authority as a service agent when
the refusal occurred; whether the C/TPA
is ‘‘designated’’ by the employer, as that
term is used in paragraph (b)(6), when
the refusal occurs, is not relevant.
In paragraphs (b)(3)(iv) and (b)(5)(vii),
FMCSA adds ‘‘(if applicable)’’ to the
end of each paragraph. This change
clarifies that when reporting a ‘‘failure
to appear’’ refusal under paragraph
(b)(3) or an ‘‘actual knowledge’’
violation under paragraphs (b)(4) and
(5), the requirement that employers
submit documentation showing that the
driver was provided with all the
information reported to the
Clearinghouse does not apply if the
driver is registered in the Clearinghouse.
Drivers who are registered in the
Clearinghouse have electronic access to
the information and documents
referenced in paragraphs (b)(3) and (5),
thereby making the employer’s separate
delivery of the documentation to the
driver unnecessary.
J. Section 382.717 Procedures for
Correcting Certain Information in the
Database
In the heading of this section, FMCSA
adds the word ‘‘certain’’ after the word
‘‘correcting’’ to reflect more accurately
the limited scope of this section, which
sets forth procedures drivers may use to
request correction or removal of certain
types of information about them that
exists in the Clearinghouse. In the
heading of paragraph (a), FMCSA
replaces the word ‘‘inaccurately’’ with
‘‘incorrectly.’’ The Agency also makes
clarifying changes to § 382.717(a)(1) to
ensure that drivers understand the
narrow basis for the correction or
removal of their Clearinghouse records
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permitted under this section. These
clarifications are consistent with the
limited scope of § 382.717, as discussed
in the preamble to the December 2016
final rule establishing the Clearinghouse
requirements (81 FR 87686, 87715, Dec.
5, 2016), the Privacy Impact Assessment
for the Clearinghouse, and the System of
Records Notice for the Clearinghouse
(84 FR 56521, 56526, Oct. 22, 2019). As
explained collectively therein, the
correction processes in § 382.717 apply
only to administrative errors or an
employer’s failure to comply with
documentation requirements for
reporting certain test refusal and actual
knowledge violations, as set forth in
§ 382.703, paragraphs (b)(3) and (5);
drivers may not contest the accuracy of
drug and alcohol program violation
information, such as test results or
refusals.
K. Section 382.725 Access by State
Licensing Authorities
In § 382.725(c), FMCSA inserts the
word ‘‘commercial’’ after ‘‘chief’’ in the
second sentence for consistency with
use of the term ‘‘chief commercial
driver’s licensing official’’ in that
section. This amendment also helps to
avoid confusion concerning the existing
language, which may appear to
introduce another category of licensing
official.
L. Section 383.3 Applicability
In § 383.3(c), FMCSA corrects a
typographical error by adding a missing
‘‘s’’ to the word ‘‘member,’’ in the
phrase ‘‘member of the national guard
on active duty,’’ to improve readability.
M. Section 383.5 Definitions
At the end of paragraph (1) in the
definition of Commerce in § 383.5,
FMCSA changes the conjunctive ‘‘and’’
to ‘‘or’’ to be consistent with the
definition of Commerce in 49 U.S.C.
31301(2). This action updates language
that has been in § 383.5 since FHWA
amended the FMCSRs to implement the
requirements of the Commercial Motor
Vehicle Safety Act of 1986 on June 1,
1987 (52 FR 20574, 20587). Paragraph
(2) of 49 U.S.C. 31301 provides that
‘‘commerce’’ means trade, traffic, and
transportation in the United States
between a place in a State and a place
outside that State (including a place
outside the United States); ‘‘or’’ in the
United States that affects trade, traffic,
and transportation between a place in a
State and a place outside that State. This
definition applies to 49 U.S.C. 31302
(‘‘Commercial driver’s license
requirement’’), including the definition
of Commerce in § 383.5 of 49 CFR part
383 (‘‘Commercial driver’s license
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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 driver’s 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. 7102(11). As amended, entry
(6) excludes both a felony described in
paragraph (b)(9) of Table 1 (entry (9))
and a felony described in paragraph
(b)(10) 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, FMCSA’s 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. 104(b) to
reflect changes to 49 U.S.C. 31314(c),
the statutory provision that provides the
cross-references in § 384.401. Section
1404(j) of MAP–21 (Pub. L. 112–141,
126 Stat. 405, 559, July 6, 2012) revised
49 U.S.C. 31314(c), effective October 1,
2011. Section 384.401 is no longer
consistent with the underlying statutory
authority in 49 U.S.C. 31314(c). To
conform § 384.401 to 49 U.S.C. 31314(c),
FMCSA changes the cross-references in
paragraphs (a) and (b) of § 384.401 from
‘‘each of sections 104(b)(1), (b)(3), and
(b)(4) of title 23 U.S.C.’’ to ‘‘23 U.S.C.
104(b)(1) 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 FMCSA’s
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. 107–87, 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 carrier’s 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 review’s ‘‘in-depth
examination of a motor carrier’s
operations’’ are ‘‘[d]ocuments 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 carrier’s principal place of
business to review these records.
FMCSA is now able to ask carriers to
upload their records to FMCSA’s 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 FMCSA’s 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 driver’s
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 385—Explanation
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 § 383.37(a) 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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FMCSA deletes the word ‘‘knowingly’’
at the beginning of the sentence and
makes minor modifications to the
sentence to ensure that the appendix
entries more closely follow the language
of the regulatory text to which they refer
(e.g., by using the term ‘‘driver’’ instead
of ‘‘employee’’ in all three entries and
adding the term ‘‘CLP’’ and the acronym
‘‘CDL’’ in the entries for paragraphs (b)
and (c)) and to better accommodate the
phrase ‘‘knows or reasonably should
have known’’ into the entries.
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T. Sections 390.5 (Suspended) and
390.5T Definitions
In §§ 390.5 (suspended) and 390.5T,
FMCSA clarifies the meaning of Covered
farm vehicle (CFV) to include
combination vehicles, which are eligible
for the CFV exemption, but not
explicitly identified in the statutory
definition in section 32934 of MAP–21
(Pub. L. 112–141, 126 Stat. 405, 830–31,
July 6, 2012 (49 U.S.C. 31136 note)). The
statutory definition does, however,
explicitly include ‘‘articulated’’
vehicles. Combination vehicles are
considered ‘‘articulated’’ because they
combine a tractor with one or more
trailers at one or more points of
articulation (e.g., for a single trailer, the
point of articulation is the trailer
kingpin that fits into the fifth wheel
mounted on the chassis of the tractor
behind the cab (or sleeper berth, if so
equipped)). Because the terms ‘‘gross
vehicle weight rating’’ and ‘‘gross
vehicle weight’’ are universally applied
to single-unit (i.e., non-combination)
vehicles, paragraphs (2)(i) and (ii)
appear to conflict with the provision in
section 32934(c)(1) explicitly allowing
the CFV exemption for articulated
(including combination) vehicles.
Therefore, in paragraphs (2)(i) and (ii) of
the definition, FMCSA adds the parallel
phrases applicable to combination
vehicles (‘‘gross combination weight
rating’’ and ‘‘gross combination
weight’’) to effectuate the intent of
Congress expressed in section
32934(c)(1) to give operators of
combination (i.e., articulated) vehicles
the benefit of the CFV exemption.
On January 17, 2017, FMCSA
suspended certain regulations relating
to the electronic Unified Registration
System and delayed their effective date
indefinitely (82 FR 5292). The
suspended regulations were replaced by
temporary provisions that contain the
requirements in place on January 13,
2017. Section 390.5 was one of the
sections suspended and § 390.5T, which
is currently in effect, was added (82 FR
5311).
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U. Section 391.41(b) Physical
Qualifications for Drivers
In § 391.41(b), FMCSA corrects the
punctuation by changing the ending
punctuation in paragraphs (b)(2)(ii) and
(b)(4) and (b)(11) from periods to
semicolons. In paragraph (b)(12)(i), the
Agency changes the ending punctuation
from a period to a semicolon and inserts
the conjunction ‘‘or.’’ In paragraph
(b)(12)(ii), the Agency changes the
ending punctuation from a period to a
semicolon and inserts the conjunction
‘‘and.’’ These changes make the
punctuation in the section consistent
and grammatically correct.
V. Section 391.43 Medical
Examination; Certificate of Physical
Examination
FMCSA amends three paragraphs of
§ 391.43. In paragraph (e), FMCSA
removes the word ‘‘endocrinologist’’
from the first sentence because it is no
longer relevant to the requirements of
§ 391.64, referenced in this paragraph.
On September 19, 2018, FMCSA
amended its physical qualification
standards to allow individuals with
stable insulin regimens and properly
controlled insulin-treated diabetes
mellitus to drive CMVs in interstate
commerce if certain requirements are
met (83 FR 47486). The rule also
eliminated the diabetes grandfather
provision under § 391.64(a) 1 year after
the effective date of the rule on
November 19, 2019 (83 FR 47521).
Section 391.64(a) required an annual
examination by an endocrinologist.
Because § 391.64(a) was eliminated on
November 19, 2019, the reference to the
findings of the annual examination by
an endocrinologist is obsolete.
In paragraph (f), FMCSA changes the
Medical Examination Report Form,
MCSA–5875, by removing the request
for gender information on page 1 in
Section 1, pertaining to the personal
information provided by the driver, and
removing ‘‘gender’’ on page 6 of the
instructions to Section 1. FMCSA makes
these changes because it is unnecessary
to collect gender information on the
form. In the medical examiner’s
attestation for both the Federal and State
Medical Examiner Determination
sections (pages 4 and 5 respectively),
FMCSA adds a missing comma after
‘‘that’’ to correct punctuation. On page
6 in the instructions for Section 1
regarding the driver’s personal
information, FMCSA removes
‘‘Question:’’ prior to the question asking
if a medical certificate has ever been
denied or issued for less than two years
because it is unnecessary. In the
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35637
instructions for both the Federal and
State Medical Examiner Determination
sections (pages 8 and 9, respectively),
FMCSA makes changes to the second
sentence in the ‘‘Meets standards, but
periodic monitoring is required’’
paragraph to correct grammar. FMCSA
adds ‘‘for,’’ deletes the comma after
‘‘other,’’ and puts ‘‘other’’ in quotation
marks. The sentences read, ‘‘Select the
corresponding time frame that the driver
is qualified for, and if selecting ‘other’
specify the time frame.’’ FMCSA also
makes minor formatting changes to
correct errors and promote consistency
in the style of bullet points and
quotation and apostrophe marks, use of
bolding and italics, and use of a forward
slash instead of a comma. Use of the
revised form will become effective 60
days after this rule is published to
provide sufficient time for the public to
make any necessary information
technology changes.
In paragraph (g)(4), FMCSA makes
minor edits for clarity concerning the
reasons that a medical examiner may
find that a determination should be
delayed. Rather than a medical
examiner finding that a determination
should be delayed ‘‘pending the receipt
of additional information,’’ the text
makes clear that the delay may be in
order ‘‘to receive additional
information.’’ Similarly, rather than
finding that a determination should be
delayed ‘‘pending . . . the conduct of
further examination,’’ the text makes
clear that the delay may be in order ‘‘to
conduct further examination.’’
W. Section 391.64 Grandfathering for
Certain Drivers Who Participated in a
Vision Waiver Study Program
In § 391.64, FMCSA revises the
section heading to remove references to
a diabetes waiver study program. On
September 19, 2018, FMCSA amended
its physical qualification standards to
allow individuals with stable insulin
regimens and properly controlled
insulin-treated diabetes mellitus to
drive CMVs in interstate commerce if
certain requirements are met (83 FR
47486). The rule also eliminated the
diabetes grandfather provision under
§ 391.64(a) 1 year after the effective date
of the rule on November 19, 2019 (83 FR
47521). Because § 391.64(a) was
eliminated on November 19, 2019, the
reference to the diabetes waiver study
program in the section title is obsolete.
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III. Regulatory Analyses
A. Executive Order (E.O.) 12866
(Regulatory Planning and Review), E.O.
13563 (Improving Regulation and
Regulatory Review), and DOT
Regulations
This final rule is not a significant
regulatory action under section 3(f) of
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
this final rule does not require an
assessment of potential costs and
benefits under section 6(a)(3) of E.O.
12866. Accordingly, the Office of
Management and Budget has not
reviewed it under that Order. In
addition, this rule is not significant
within the meaning of DOT regulations
(49 CFR 5.13(a)). The amendments made
in this final rule primarily correct
inadvertent errors and omissions,
remove or update obsolete references,
and make minor language changes to
improve clarity and consistency. Some
changes are statutorily mandated or
relate to previous changes that were
statutorily mandated. In accommodating
those changes, the Agency is performing
nondiscretionary, ministerial acts. Other
changes merely align regulatory
requirements with the underlying
statutory authority. Two changes relate
to minor amendments to FMCSA’s rules
of practice or procedure. None of the
changes in this final rule imposes
material new requirements or increases
compliance obligations; therefore, this
final rule imposes no new costs and a
full regulatory evaluation is
unnecessary.
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B. Congressional Review Act
Pursuant to the Congressional Review
Act (5 U.S.C. 801–808), the Office of
Information and Regulatory Affairs
designated this rule as not a ‘‘major
rule,’’ as defined by 5 U.S.C. 804(2).
C. Regulatory Flexibility Act (Small
Entities)
Under the Regulatory Flexibility Act
of 1980 (5 U.S.C. 601–612), FMCSA is
not required to complete a regulatory
flexibility analysis because, as discussed
earlier in the Legal Basis for the
Rulemaking section, this action is not
subject to notice and public comment
under section 553(b) of the APA.
D. Assistance for Small Entities
In accordance with section 213(a) of
the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub.
L. 104–121, 110 Stat. 857, Mar. 29,
1996), FMCSA wants to assist small
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entities in understanding this final rule
so they can better evaluate its effects on
themselves and participate in the
rulemaking initiative. If the final rule
will affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance; please consult the person
listed under the FOR FURTHER
INFORMATION CONTACT section of this
final rule.
Small businesses may send comments
on the actions of Federal employees
who enforce or otherwise determine
compliance with Federal regulations to
the Small Business Administration’s
Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of FMCSA, call 1–888–REG–
FAIR (1–888–734–3247). DOT has a
policy regarding the rights of small
entities to regulatory enforcement
fairness and an explicit policy against
retaliation for exercising these rights.
E. Unfunded Mandates Reform Act of
1995
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or Tribal government, in the
aggregate, or by the private sector of
$165 million (which is the value
equivalent of $100 million in 1995,
adjusted for inflation to 2018 levels) or
more in any 1 year. This final rule will
not result in such an expenditure.
F. Paperwork Reduction Act (Collection
of Information)
This final rule contains no new
information collection requirements
under the Paperwork Reduction Act of
1995 (44 U.S.C. 3501–3520).
G. E.O. 13132 (Federalism)
A rule has implications for federalism
under section 1(a) of E.O. 13132 if it has
‘‘substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.’’ FMCSA has
determined that this rule will not have
substantial direct costs on or for States,
nor will it limit the policymaking
discretion of States. Nothing in this
document preempts any State law or
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regulation. Therefore, this rule does not
have sufficient federalism implications
to warrant the preparation of a
Federalism Impact Statement.
H. Privacy
The Consolidated Appropriations Act,
2005 (Pub. L. 108–447, 118 Stat. 2809,
3268, Dec. 8, 2004 (5 U.S.C. 552a note)),
requires the Agency to conduct a
privacy impact assessment of a
regulation that will affect the privacy of
individuals. Because this rule does not
require the collection of personally
identifiable information, the Agency is
not required to conduct a privacy
impact assessment.
The Privacy Act (5 U.S.C. 552a)
applies only to Federal agencies and any
non-Federal agency that receives
records contained in a system of records
from a Federal agency for use in a
matching program.
The E-Government Act of 2002 (Pub.
L. 107–347, sec. 208, 116 Stat. 2899,
2921, Dec. 17, 2002), requires Federal
agencies to conduct a privacy impact
assessment for new or substantially
changed technology that collects,
maintains, or disseminates information
in an identifiable form. No new or
substantially changed technology will
collect, maintain, or disseminate
information as a result of this rule.
Accordingly, FMCSA has not conducted
a privacy impact assessment.
I. E.O. 13175 (Indian Tribal
Governments)
This rule does not have Tribal
implications under E.O. 13175,
Consultation and Coordination with
Indian Tribal Governments, because it
does not have a substantial direct effect
on one or more Indian Tribes, on the
relationship between the Federal
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 rule 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, paragraphs 6.b
and c. These Categorical Exclusions
address minor corrections and
regulations concerning internal agency
functions, organization, or personnel
administration such as those found in
this rulemaking. Therefore, preparation
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of an environmental assessment or
environmental impact statement is not
necessary.
List of Subjects
49 CFR Part 381
Motor carriers.
49 CFR Part 382
Administrative practice and
procedure, Alcohol abuse, Drug abuse,
Drug testing, Highway safety, Motor
carriers, Penalties, Safety,
Transportation.
49 CFR Part 383
Administrative practice and
procedure, Alcohol abuse, Drug abuse,
Drug testing, Highway safety, Motor
carriers, Penalties, Safety,
Transportation.
49 CFR Part 384
Administrative practice and
procedure, Alcohol abuse, Drug abuse,
Highway safety, Motor carriers.
49 CFR Part 385
Administrative practice and
procedure, Highway safety,
Incorporation by reference, Mexico,
Motor carriers, Motor vehicle safety,
Reporting and recordkeeping
requirements.
PART 381—WAIVERS, EXEMPTIONS,
AND PILOT PROGRAMS
1. The authority citation for part 381
continues to read as follows:
■
Authority: 49 U.S.C. 31136(e) and 31315;
and 49 CFR 1.87.
2. Amend § 381.110 by revising the
definition of FMCSRs to read as follows:
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■
§ 381.110 What definitions are applicable
to this part?
*
*
*
*
FMCSRs means Federal Motor Carrier
Safety Regulations (49 CFR parts 380,
382, 383, and 384; 49 CFR 390.19 and
390.21; and 49 CFR parts 391 through
393, 395, 396, and 399).
*
*
*
*
*
15:58 Jul 06, 2021
Jkt 253001
§ 381.200
*
What is a waiver?
*
*
*
*
*
(d) * * *
(1) Part 380—Special Training
Requirements;
*
*
*
*
*
(4) Part 384—State Compliance with
Commercial Driver’s License Program;
*
*
*
*
*
■ 4. Amend § 381.300 by:
■ a. Redesignating paragraphs (c)(3)
through (8) as paragraphs (c)(5) through
(10);
■ b. Redesignating paragraphs (c)(1) and
(2) as paragraphs (c)(2) and (3); and
■ c. Adding new paragraphs (c)(1) and
(4).
The additions read as follows:
What is an exemption?
*
49 CFR Part 391
Alcohol abuse, Drug abuse, Drug
testing, Highway safety, Motor carriers,
Reporting and recordkeeping
requirements, Safety, Transportation.
In consideration of the foregoing,
FMCSA amends 49 CFR chapter III as
set forth below:
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§ 382.103
§ 381.300
49 CFR Part 390
Highway safety, Intermodal
transportation, Motor carriers, Motor
vehicle safety, Reporting and
recordkeeping requirements.
*
3. Amend § 381.200 by:
a. Redesignating paragraphs (d)(3)
through (10) as paragraphs (d)(5)
through (12);
■ b. Redesignating paragraphs (d)(1) and
(2) as paragraphs (d)(2) and (3); and
■ c. Adding new paragraphs (d)(1) and
(4).
The additions read as follows:
■
■
*
*
*
*
(c) * * *
(1) Part 380—Special Training
Requirements;
*
*
*
*
*
(4) Part 384—State Compliance with
Commercial Driver’s License Program;
*
*
*
*
*
■ 5. Amend § 381.400 by:
■ a. Redesignating paragraphs (f)(3)
through (8) as paragraphs (f)(5) through
(10);
■ b. Redesignating paragraphs (f)(1) and
(2) as paragraphs (f)(2) and (3); and
■ c. Adding new paragraphs (f)(1) and
(4).
The additions read as follows:
§ 381.400
What is a pilot program?
*
*
*
*
*
(f) * * *
(1) Part 380—Special Training
Requirements;
*
*
*
*
*
(4) Part 384—State Compliance with
Commercial Driver’s License Program;
*
*
*
*
*
PART 382—CONTROLLED
SUBSTANCES AND ALCOHOL USE
AND TESTING
6. The authority citation for part 382
continues to read as follows:
■
Authority: 49 U.S.C. 31133, 31136, 31301
et seq., 31502; sec. 32934, Pub. L. 112–141,
126 Stat. 405, 830; and 49 CFR 1.87.
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35639
[Amended]
7. In § 382.103, add the word ‘‘only’’
after the word ‘‘comply’’ in paragraph
(d)(1).
■ 8. Amend § 382.121 by revising
paragraphs (b)(4)(i) and (ii) to read as
follows:
■
§ 382.121 Employee admission of alcohol
and controlled substances use.
*
*
*
*
(b) * * *
(4) * * *
(i) Prior to the employee participating
in a safety sensitive function, the
employee shall undergo a non-DOT
return to duty test with a result
indicating an alcohol concentration of
less than 0.02; and/or
(ii) Prior to the employee participating
in a safety sensitive function, the
employee shall undergo a non-DOT
return to duty controlled substance test
with a verified negative test result for
controlled substances use; and
*
*
*
*
*
■ 9. Amend § 382.123 by revising
paragraph (b)(2) to read as follows:
§ 382.123
Driver identification.
*
*
*
*
*
(b) * * *
(2) The employer’s name and other
identifying information required in Step
1, section A of the CCF.
■ 10. Amend § 382.701 by revising
paragraph (d) introductory text to read
as follows:
§ 382.701 Drug and Alcohol
Clearinghouse.
*
*
*
*
*
(d) Prohibition. No employer may
allow a driver the employer employs or
intends to hire or use to perform any
safety-sensitive function if the results of
a Clearinghouse query demonstrate that
the driver has a verified positive,
adulterated, or substituted controlled
substances test result; has an alcohol
confirmation test with a concentration
of 0.04 or higher; has refused to submit
to a test in violation of § 382.211; or that
an employer has reported actual
knowledge, as defined at § 382.107, that
the driver used alcohol on duty in
violation of § 382.205, used alcohol
before duty in violation of § 382.207,
used alcohol following an accident in
violation of § 382.209, or used a
controlled substance in violation of
§ 382.213, except where a query of the
Clearinghouse demonstrates:
*
*
*
*
*
■ 11. Amend § 382.705 by revising
paragraphs (b)(3)(iii) and (iv) and
(b)(5)(vii) to read as follows:
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Reporting to the Clearinghouse.
*
*
*
*
*
(b) * * *
(3) * * *
(iii) Documentation, including, but
not limited to, electronic mail or other
correspondence, or an affidavit,
showing that the C/TPA reporting the
violation was authorized to act as a
service agent for an employer who
employs himself/herself as a driver
pursuant to paragraph (b)(6) of this
section when the reported refusal
occurred (if applicable); and
(iv) Documentation, including a
certificate of service or other evidence,
showing that the employer provided the
employee with all documentation
reported under paragraph (b)(3) of this
section (if applicable).
*
*
*
*
*
(5) * * *
(vii) A certificate of service or other
evidence showing that the employer
provided the employee with all
information reported under paragraph
(b)(4) of this section (if applicable).
*
*
*
*
*
■ 12. Amend § 382.717 by revising the
section and paragraph (a) headings and
paragraph (a)(1) to read as follows:
§ 382.717 Procedures for correcting
certain information in the database.
(a) Petitions limited to incorrectly
reported information. (1) Under this
section, petitioners may request only
that administrative errors be corrected
(e.g., errors in data entry or a duplicate
report of a positive test result);
petitioners may not contest the accuracy
of test results, test refusals, or other
§ 383.3
violation information, under this
section.
*
*
*
*
*
Applicability.
*
13. Amend § 382.725 by revising
paragraph (c) to read as follows:
■
§ 382.725 Access by State licensing
authorities.
*
*
*
*
*
(c) The chief commercial driver’s
licensing official’s use of information
received from the Clearinghouse is
limited to determining an individual’s
qualifications to operate a commercial
motor vehicle. No chief commercial
driver’s licensing official may divulge or
permit any other person or entity to
divulge any information from the
Clearinghouse to any person or entity
not directly involved in determining an
individual’s qualifications to operate a
commercial motor vehicle.
*
*
*
*
*
PART 383—COMMERCIAL DRIVER’S
LICENSE STANDARDS;
REQUIREMENTS AND PENALTIES
14. The authority citation for part 383
is revised to read as follows:
■
Authority: 49 U.S.C. 521, 31136, 31301 et
seq., 31502; secs. 214 and 215, Pub. L. 106–
159, 113 Stat. 1748, 1766, 1767; sec. 1012(b),
Pub. L. 107–56, 115 Stat. 272, 397 (49 U.S.C.
31305(a)(5)); sec. 4140, Pub. L. 109–59, 119
Stat. 1144, 1746; sec. 32934, Pub. L. 112–141,
126 Stat. 405, 830; secs. 5401 and 7208, Pub.
L. 114–94, 129 Stat. 1312, 1546, 1593 (49
U.S.C. 31305(d)); and 49 CFR 1.87.
*
*
*
*
(c) Exception for certain military
drivers. Each State must exempt from
the requirements of this part individuals
who operate CMVs for military
purposes. This exception is applicable
to active duty military personnel;
members of the military reserves;
members of the national guard on active
duty, including personnel on full-time
national guard duty, personnel on parttime national guard training, and
national guard military technicians
(civilians who are required to wear
military uniforms); and active duty U.S.
Coast Guard personnel. This exception
is not applicable to U.S. Reserve
technicians.
*
*
*
*
*
■ 16. Amend § 383.5 by revising the
introductory text and paragraph (1) of
the definition of Commerce to read as
follows:
§ 383.5
*
*
*
*
Commerce means:
(1) Any trade, traffic, or transportation
within the jurisdiction of the United
States between a place in a State and a
place outside of such State, including a
place outside of the United States; or
*
*
*
*
*
■ 17. In § 383.51, amend table 1 to
§ 383.51 in paragraph (b) by revising
entry (6) to read as follows:
§ 383.51
*
15. Amend § 383.3 by revising
paragraph (c) to read as follows:
■
Definitions.
*
Disqualification of drivers.
*
*
(b) * * *
*
*
TABLE 1 TO § 383.51
If a driver operates a motor vehicle
and is convicted of:
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*
(6) Using the vehicle to commit a
felony, other than a felony described in paragraph (b)(9) or
(10) of this table * * *.
*
*
*
*
For a first conviction or
refusal to be tested
while operating a nonCMV, a CLP or CDL
holder must be
disqualified from
operating a CMV for
* * *
For a first conviction or
refusal to be tested
while operating a CMV
transporting hazardous
materials as defined in
§ 383.5, a person
required to have a CLP
or CDL and a CLP or
CDL holder must be
disqualified from
operating a CMV for
* * *
For a second
conviction or refusal to
be tested in a
separate incident of
any combination of
offenses in this Table
while operating a CMV,
a person required to
have a CLP or CDL
and a CLP or CDL
holder must be
disqualified from
operating a CMV for
* * *
For a second
conviction or refusal to
be tested in a
separate incident of
any combination of
offenses in this Table
while operating a nonCMV, a CLP or CDL
holder must be
disqualified from
operating a CMV for
* * *
*
*
*
1 year .......................... 1 year ..........................
*
3 years ........................
*
Life ...............................
*
Life.
For a first conviction or
refusal to be tested
while operating a CMV,
a person required to
have a CLP or CDL
and a CLP or CDL
holder must be
disqualified from
operating a CMV for
* * *
*
*
*
*
18. Amend § 383.91 by revising figure
1 after paragraph (d) to read as follows:
■
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*
§ 383.91
groups.
*
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*
Commercial motor vehicle
*
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*
(d) * * *
BILLING CODE 4910–EX–P
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*
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35641
1622
Figure 1
VEHICLE GFtOUPS (SECTION 383.91)
{Note~ Certain types of vehicles, S\ich as passenger a.nd doubles/triples.
will require an endorsement. Please consuJt text for particulars.]
Group:
A
•oescriptlon:
Any combination of vehfcfes With a GCWR of 26,001 or more pounds
provided the GVWR of the vetricte(s} betng towed is in excess of
10.Qoo pounds. (Holders of a Group A license may. with any
approprlate endon.emenfs, opetJteall vehicles within Groups 13 and
C.)
Examples Include but are not nmited to:
..aPIII ._...
B
Any single vehiclf with a GVWR of 26,001 or rnore pounds1 or any ·
such vehicle towing a vehicle noun excess of 10,000 pounds GVWR.
{t-fo:lders of a Group B (rcense may, with any appropriate
endorsements. operate.all"V'ehlcleswithin·GroupC~)
e.amples lnclud.e but11re: not limited to:
C
Any sfngte vehicle, or comblnatton of vehicles, thatdoes not meet
the definition of Group.A o.r Group B as contained herein, but that
either Is designed to transport 16 or morfi passengers lnct1:1ding
the driver, oris placarded for hazarctousmaterials~
.........
Examples Include but aranot limited to:
rhe representative. vehicle for the skitfS test must rneet the written description
for that group. The slllhouettes typify, but d.o not 1ully cover, thJ typ,s of
yehJctes falflng within each. group.
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ER07JY21.076
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BILLING CODE 4910–EX–C
PART 384—STATE COMPLIANCE
WITH COMMERCIAL DRIVER’S
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. 106–159,
113 Stat. 1753, 1767; sec. 32934, Pub. L. 112–
141, 126 Stat. 405, 830; secs. 5401 and 7208,
Pub. L. 114–94, 129 Stat. 1312, 1546, 1593
(49 U.S.C. 31305(a)); 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. 104(b)(1) and (2)
shall be withheld from a State on the
first day of the fiscal year following
such State’s first year of noncompliance
under this part.
(b) Following second and subsequent
year(s) 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. 104(b)(1) and (2) shall be
withheld from a State on the first day
of the fiscal year following such State’s
second or subsequent year(s) of
noncompliance under this part.
PART 385—SAFETY FITNESS
PROCEDURES
21. The authority citation for part 385
continues to read as follows:
■
Authority: 49 U.S.C. 113, 504, 521(b),
5105(d), 5109, 5113, 13901–13905, 13908,
31135, 31136, 31144, 31148, and 31502; Sec.
113(a), Pub. L. 103–311; Sec. 408, Pub. L.
104–88, 109 Stat. 803, 958; Sec. 350 of Pub.
L. 107–87, 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.
khammond on DSKJM1Z7X2PROD with RULES
*
*
*
*
*
Reviews. * * *
(1) Compliance review means an
examination of motor carrier operations,
such as drivers’ hours of service,
maintenance and inspection, driver
qualification, commercial driver’s
license requirements, financial
responsibility, accidents, hazardous
materials, and other safety and
transportation records to determine
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15:58 Jul 06, 2021
Jkt 253001
whether a motor carrier meets the safety
fitness standard in this part. * * *
*
*
*
*
*
(4) Roadability review means an
examination of the intermodal
equipment provider’s 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,
§ 385.911(e), § 385.913(e), § 385.1009(d),
or § 385.1011(d) 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
§ 383.37(a), § 383.37(b), and § 383.37(c)
to read as follows:
Appendix B to Part 385—Explanation
of Safety Rating Process
*
*
*
*
*
VII. List of Acute and Critical
Regulations
*
*
*
*
*
§ 383.37(a) 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).
§ 383.37(b) 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
PO 00000
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Fmt 4700
Sfmt 4700
lost the right to operate a CMV in a
State, or has been disqualified (acute).
§ 383.37(c) 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 390—FEDERAL 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. 103–311, 108
Stat. 1673, 1677; secs. 212 and 217, Pub. L.
106–159, 113 Stat. 1748, 1766, 1767; sec. 229,
Pub. L. 106–159 (as added and transferred by
sec. 4115 and amended by secs. 4130–4132,
Pub. L. 109–59, 119 Stat. 1144, 1726, 1743;
sec. 4136, Pub. L. 109–59, 119 Stat. 1144,
1745; secs. 32101(d) and 32934, Pub. L. 112–
141, 126 Stat. 405, 778, 830; sec. 2, Pub. L.
113–125, 128 Stat. 1388; secs. 5403, 5518,
and 5524, Pub. L. 114–94, 129 Stat. 1312,
1548, 1558, 1560; sec. 2, Pub. L. 115–105,
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 (2)(i) 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 (2)(i) 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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Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Rules and Regulations
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.
*
*
*
*
*
PART 391—QUALIFICATIONS OF
DRIVERS AND LONGER
COMBINATION VEHICLE (LCV)
DRIVER INSTRUCTORS
28. The authority citation for part 391
continues to read as follows:
■
Authority: 49 U.S.C. 504, 508, 31133,
31136, 31149, 31502; sec. 4007(b), Pub. L.
102–240, 105 Stat. 1914, 2152; sec. 114, Pub.
L. 103–311, 108 Stat. 1673, 1677; sec. 215,
Pub. L. 106–159, 113 Stat. 1748, 1767; sec.
32934, Pub. L. 112–141, 126 Stat. 405, 830;
secs. 5403 and 5524, Pub. L. 114–94, 129
Stat. 1312, 1548, 1560; sec. 2, Pub. L. 115–
105, 131 Stat. 2263; and 49 CFR 1.87.
29. Amend § 391.41 by revising
paragraphs (b)(2)(ii) and (b)(4), (11), and
(12) to read as follows:
■
§ 391.41
drivers.
Physical qualifications for
*
*
*
*
(b) * * *
(2) * * *
(ii) An arm, foot, or leg which
interferes with the ability to perform
normal tasks associated with operating
a commercial motor vehicle; or any
other significant limb defect or
limitation which interferes with the
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*
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Jkt 253001
ability to perform normal tasks
associated with operating a commercial
motor vehicle; or has been granted a
skill performance evaluation certificate
pursuant to § 391.49;
*
*
*
*
*
(4) Has no current clinical diagnosis
of myocardial infarction, angina
pectoris, coronary insufficiency,
thrombosis, or any other cardiovascular
disease of a variety known to be
accompanied by syncope, dyspnea,
collapse, or congestive cardiac failure;
*
*
*
*
*
(11) First perceives a forced
whispered voice in the better ear at not
less than 5 feet with or without the use
of a hearing aid or, if tested by use of
an audiometric device, does not have an
average hearing loss in the better ear
greater than 40 decibels at 500 Hz, 1,000
Hz, and 2,000 Hz with or without a
hearing aid when the audiometric
device is calibrated to American
National Standard (formerly ASA
Standard) Z24.5—1951;
(12)(i) Does not use any drug or
substance identified in 21 CFR 1308.11
Schedule I, an amphetamine, a narcotic,
or other habit-forming drug; or
(ii) Does not use any non-Schedule I
drug or substance that is identified in
the other Schedules in 21 CFR part 1308
except when the use is prescribed by a
licensed medical practitioner, as
defined in § 382.107 of this chapter,
who is familiar with the driver’s
medical history and has advised the
driver that the substance will not
adversely affect the driver’s ability to
safely operate a commercial motor
vehicle; and
*
*
*
*
*
30. Amend § 391.43 by revising
paragraphs (e) and (g)(4) to read as
follows:
■
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35643
§ 391.43 Medical examination; certificate
of physical examination.
*
*
*
*
*
(e) Any driver operating under a
limited exemption authorized by
§ 391.64 shall furnish the medical
examiner with a copy of the annual
medical findings of the ophthalmologist
or optometrist, as required under
§ 391.64. If the medical examiner finds
the driver qualified under the limited
exemption in § 391.64, such fact shall be
noted on the Medical Examiner’s
Certificate.
*
*
*
*
*
(g) * * *
(4) Beginning December 22, 2015, if
the medical examiner finds that the
determination of whether the person
examined is physically qualified to
operate a commercial motor vehicle in
accordance with § 391.41(b) should be
delayed to receive additional
information or to conduct further
examination in order for the medical
examiner to make such determination,
he or she must inform the person
examined that the additional
information must be provided or the
further examination completed within
45 days, and that the pending status of
the examination will be reported to
FMCSA.
*
*
*
*
*
■ 31. Effective September 7, 2021,
further amend § 391.43 by revising
paragraph (f) to read as follows:
§ 391.43 Medical examination; certificate
of physical examination.
*
*
*
*
*
(f) The medical examination shall be
performed, and its results shall be
recorded on the Medical Examination
Report Form, MCSA–5875, set out in
this paragraph (f):
BILLING CODE 4910–EX–P
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1632
FormMCSl\-5875
01\18Wl>!2126-Q006
MEDICAL.~ORD #
(or sticker}
SE.CDON 1, DrlVC!r 1nfor11talion (robe#fiec/Of./t bythe cmver)
PERSONAL INFORMATION
lastName, _ _ _ _ _ _ _ _ _ _ _ _ First N~me: _ _ _ _ _ _ __
M1ddlelnitl~I:_. DateofBlrth: _ _ _ _ _ _ _. Age,_
Drivels License Number; _ _ _ _ _ _ _ _ _ _ _ _ _ _ Issuing State/Province: _ _ _ _ _ _ _ _ _ _ _ _ F'hane: ______
CLF'/CCILApplitant/Holder":
0
Yes
0No
DriveflOVerified By'"'; ______________~
Ha$ yo1.1f USDOTIFMCSAm,!2014
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Page T
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35645
1633
Fann l'/fCsiv.;a~s
I
Lastillame: _ _ _ _ _ _ _ _ _ __
Firsl!~l<.prob.lems
21.. Booe, muscle, jt>int, or henie ptObleros.
2~: Blood tlotsqrbleeding prolilems
23,Canter
24. Chronic: (long-term) infection ofother chronic di$eases
25", Sleepdiml'del'.i1,pau,e,; in breatfiliig.whlleasleep;
daytitnesleapfness, loudsnoring
•26. Have you e~rhad atleeptest /eg., sfeepnprie:d)?
'27. Haveyi,ueverspent ~ hight in thelit>spiial,
is. t:1ave)'01teverhad·a broken bQhe?
:29. Have you:ev!!tUS!!tl or clo.yciu now use tobacco?
30'. tioyou currenHy.drinkakohol?
31, Ha\f& yoµ usi,q ah illega I substance 111/ithln the past
twoyears?
32, Hav!! you ever failed a drug test or be;;n dependent
on.an illegal ,.ubstance?
0 0
0 0 0
0
0
0
0 0 0
0 0 0
0 0 0
0 0 0
0
0
a
0 0 0
0 0 0
b 0 0
0 0 0
0 0 0
0 0 0
0 0
0 0
0
0
0 a 0
Othefliea_lth·co.hditioti.(sl r\otdescribedabove:
OY•s· 0No
Did.y<;iu anS\iifli!r'yes"to any:of questions 1·3?? lf',o. piease i::om ment further on #mse health conditions below:
ONotSure
CMV DRIVERS SIGNATURE
f certify that the abovelnfurmation is.accurate and complete: runderstand thatcinaccurate, false or missin-gfnformation mayJnvallifate the.examination
a.nd my Medi~al Exattrilrier's Certffic::,ate,Jhatsu bml~siOli of fra2014
15:58 Jul 06, 2021
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07JYR1
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(Attach aiiditionalsheet, ifi',etessi1ry)
35646
Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Rules and Regulations
1634
I
l.a'St l\la)ne: - - - - - - - ~ - - - FirstName: - - - ~ - - - - OOS: _ _ _ _ _~ _ ExamDate: _ _ _ _ _ _ _
j
TESTING
Pro:teln
Systolic:
!JI@
Sittill9
S:ecohd reai:ling
(optional)
Urinalysis is requlnad.
Numetical ~dif(g$
must be recqrded.
othertes~ing 1f il'ldlca,ed
Protein, blood, orsu'ffelri/1 tlie urine may be art iH!/ieatiO(I.fQrliJrthertest/ng to
rule rot anyundeliyinv medicafp(Oo/em.
Vililoti
flearlng
Standi:Ird1sail~ast<20/40acuity /5nellen).ineacheyewlth orwithootcorrectiM
0
i;tleast7QP/ielifofvisitsn ilJ /:rbr/Z.IJnta~me,iclian measu/ed.ini.,a.th;eye. The user;,(
SiandardiMilsttirstperceive whlspereitvo/ceat nottessthan SfeetCIR averqge
/rearing loss ofless,han or equ·alt041)d8, ilJbettetecrr fw/tl! orwitnrut hearillg a.id),
r;orrectiveknses should be notedon the Medical /?xaminei:'s. Certificate.
Acutty-
Uhcomected
Corrected
Horizontal Freid ofVision
Chec!Ear [] l..eftEa,
Right Eye:
20/_ _
10)_ _
]light Eye:: _ _ d8Qti!es
Wf!ispetl'.utReiiults
haft Ey~
201_.-
20/_ _
LeffEye: _ _ degrees
SothEyesc:
lQ/ _ _
20/_ _
0
Neither
Right Ear ~eftEar
lleco~ .dist11nc<1 (inJe~} frg,:n dri~ atwhkh a for<;eq
whil,pered voice can first'beheattl
Yes 11,10
OR
Appllcantcan recognl:ze and distlrfgulsh amongtraffkcontro!
signals and devlce,sshowing red, green, and amber cqlor~
00
Mona<.;ular v:fslpn
00
:Aui!lolbetri~Testlleslllts
Right Eat:
SOOHz
iOOOHz iOOOHz
S:OOH~
Referred loophthallt!Ol<)Sist oroptometrist?
llaceived documentatfonfrom .ophthalmologist oroptometrist'i
00
Average (right): _ _ _ _ __
Average (li!ft): _ _ _ _ __
00
~eftl;at;
lllQO:Hz
'.2000 Hz
PHYSICAL EXAMINATION
ihepresencenfa certaincondition:maynotnecessarily disqualify a driver,particularlyiftheconditlon is<:ontrolled adequat;;ly, is not likelytti
wor~h, ilr ;s·readily amenablEto treatmen.t,Even if a <:onc!1tion:d~• 11ot c1 isqu~lify a dri.v-er, the Med ital Exa 1111 ner m;,y consider dafei:t1n9 the cttiver
temp<1rarily. Also.thediivershould be aclyised totallethe necessary steps to correct the condition as soon as,possil:!le,partlaularly if neglecting the
~QnditlOI) cou Id resu It .in a 1110,e serious ill nes.s that might affect drNin-g.
:Check the.body systemsfqrabnormalities.
Normal Al:inoritial
Body swtei!I
0
0
1.General
2,Skin
80
3.Eyes
4.l;?IS
S:.M'outh/throat
6. tardlovas<:ular
0
0
0
Nc,:rrnal Af:ihorm~I
0
10.. Batl<{sptne
11. Extrem itieslj<:iint~
0
12, N~urologlcal system Including reflexes
tl.Gait
14. Vi!SCU Tar system
0
0
0
i!.Alldomen
Qc. Genifo-urlnarysystem inducllng hernias:
0
0
0
0
0
0
7.Lungs/chest
0
0
Discuss any abnormal answers in detailin thespace below and indicate whether it wou!daffet:t the drivers ability to operate a CM\,'.
0
0
0
0
0
0
0
Enterapplicableiteir) number befofe:each comment.
(Attach additional sheets ifnecessary)
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35647
1635
Fonl\llltSA'587S
I
Last'Name, ___________
DOil: _ _ _ _ _ _ _. Examl'late: _ _ _ _ _ _ _ ,
MEDICAL EXAMINER DETERMINATION (Federal)
&tlf~sectii:mforemmin1,1titmspeffermetl in-ror.Cqll'ier~.~11/Qtilms (4., CFJl39:,.4l-39:tAIJJ:
0 Does n~rne!itstanl:!aids ts,:,iecifyfeqsM)~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 0:Meets standardii n 4!rCFRS~l.41:.quaUftesfor 2-year• certlficate
0
Me!!tsstandards, burperibdic monltoringri,:quirei:! [spedfy;reason): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Driver qualified for. 0 3months 06 months O 1 year Oother (specio/}:c _ _ _ _ _ _ _ _ __
D Wearing cottecthlE! len~ DWearlng l\ei;ring aid DAccompanli!d by a waivet}ex,;mption (specifytype1: - - - - - - - - - ~
D Accorn~nied.by a. !i~ill i>elfo.rmance EvaJuatlott (SPE) Certificate D Qualified byopefirtion of49 CFR~91.64 WederaI);
[] OiMng within an exempt inttatity::tQna{tee 49:CFltl!IJ,6,.li 1/'ederaD
O:Determinatipnpendin9 (spec/fyreasonJ; - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
0Retutntomeditalexarnofficeforfollow-upon{mustbM5daysoriess};: _ _ _ _ _ _ _ __
0
ME!dlcal ExarnlnationR~portamended·/speci/yrWson): - - - - - - - - - - - - - - - - - - - - ~ - - - ~ - - ~ ,
(ifamenifed) Medl<;alExamlner'sS'9nature: _ _ _ _ _ _ _ _ _ _ _ Date: _ _ _ _ _ _ _ __
Q:Jncomp.leteexamlnatfon (sp,u:/fyreasonj; - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
! lftJ!.tft-,mtets ttt.stanlilr&outllno« bt4'0'RltM1r~ncol!lplefoaMe!llcaJExallll~r\ C.rllilca~¥Sl;it111I In49€1'1l:391.43!11),ll$approprrate.
I ha~ perforrnedthisevafuationtortettilication. I have personali)' reviewedaffa~ilabler~ord,rand recorded inf0t1ttatlon pertaining toth\s
evaluation, an.d attest that; to the best .ofmy knqwfE!dge,.1 believe it to be true and .correct.
Medtc~LExamlrier'sSignature: ____________________
MedlcafExaminer's Name(j,teaseprinrort)lpe): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Medical ExarnirH!r's.Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ City: _ _ _ _ _ _ _ _ .State: _ _ _. lii:rCoder _ _ __
M.E!!:!icalExamin.er'sTefephoneNumber:.
DateCertifi.~a~Si911ed:. - - - - - - - - - - - - - -
Medlcaf l:xamlner'sSta~li~nse,C~tificate,or Registra,ron lllurnber: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Issuing State:._ _ _..
D MP [j D!2l
DPhyskian Ai,sittartt Dthlroprattilr
D Advan,:E!d PractjceNur~
Dothet Pr.i~it'itlrWJspecilj,J; ~·- - - - - - - - - - - ~ - - - - - l\lationa)ReglstryNumber:: _ _ _ _ _ _ _ _ _ _ __
]./v!edlcaf Examlners Certlficate Expiration Date:
l
1I
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1636
Fonn:MCSJ!iSJ75
MEDICAL EXAMINER DETERMINATION (State)
1Jsiitnislse'tmmtitllitkrms~iidin QCl/rihtr~uired(specifyferi,Qfi1: _ _ _ _~ - - - - - - - - - - - - - - - - - - - Dtiver Cfl,l<11ifietl.f9i= 03 month$ 015 rtipnths O lyeat O,Qti,ertp¢zy,lc._ _ _ _ _ _ _ _ __
□Wearing CQtred:lve le~i;
0 Wearing hearfl:rgaltl
D Accompanied by awaiVE!rfexernptiQn (spedfy type): _ _ _ _ _ _ _ _ __
D Accompanied by-a SklllJ>erl'ormance Evaluatlon.{S:P£Jtert incate □ .Grandt'athered from State requiremeots (State}
j 1tlhetlnvermeetsthestandirdsoutllnedln49.mf$1A1,wltltaJIPlkableS1atevarlanct5ii:l\en:com!llefeaMedlcalExaminenCerti1kate,asapproprlate.·I
I haveperf.;>rmed:i:his.evaluatjon forcl!rtiticatfcm.Lh.tvi! pi!rs.;>n,llly rl!vii!Wl!d-aJl.avallabfe recQFC!s an:dfecorded.lnform<1tfon pertai11i119 fothis
~vaJuatton, and <1ttestth~t.tothe~ofmy knw,J~ge, !bi!lleW tt:to beerueitnd tc,rrect:.
·
Medicaf·Examlnet'sSignature: - - ~ - - - - ~ - - - - - - - - - ~ ~ -
/11\ecli~~tExamini!r"S Nan:ie(Pleµsf:/'Jflhtorf)ipe); _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Medicatl:xaminl!t'sA:ddress; . - - - - - - - - - - - - - - MedicafExamlner'sTeleph:ooe:Nurnber,: _ _ _ _ _ _ _ _ _ _ __
City: _ _ _ _ _ _ _~ State: _ _ _ liptQdi!= _ _ __
bai:etertlficateSigned~ _ _ _ _ _ _ _ _ _ _ _ _ __
M!!dicafExamiMr'sStatel:icen~, Cettrfiatec;or Registratfqrf Number: ~ - - - - - - - ~ - - ~ - - - - - Issuing Sme: - - - ·
O Mb: D C)O D Physician Assistant D C:hiroprllctor O A:dvanc:edi'ractke Nurse
other Pral:titionerccspecifyJ, __________________
Page.5
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1638
lnstruCllonS'MCSA·S875
Medical Examiner:
Section 2: Examination Report
•
()river Health History Review: ReviElW answers provided by the driver in the driver health history section
and discuss any •yes~ and "not sure"responses. I11 addition, be sure to compare the medication list to the
health history responses ensuring thatthe medication list matches the.medical conditions noted. Explore
With the driver any answers thatseem unclear. Record any information that the driver omitted. As the
Medical Exam.Iner conducting the! driver's physical examination you are required to comli)lete the entire
medical examination even if you detect a medical condition that you consider disqualifying, such as
deafness. Medical Examiners are expected to determine the driver's physical qualification for operating
a commercial vehicle safely. Thus, ifyou find a disqualifying condition for which adriver may receive a
Federal Motor Carrier SafetyAdministtati.on medical exemption, please record that on the driver's Medical
Examiner's Certificate, Form MCSA-5876, as well as on the Medical Examination Report Form, MCSA-5875.
•
Testlngt
0
0
o
0
0
•
Pulse rate and rhythm, height, and weight: record these as indicated on the form.
Blood Pressure: record the blood pressure(systolit and diastolic) of the driver being examined. A
second reading Is optional and should be recorded iffound to be necessary:
Urinalysis:recordthe numerical readingsfortbe specific gravity, protein; blood.and sugar,
Vision: The current vtsion standard is provided on the form. When other than the Snellen chart is
used, give test results in Snellen-comparable values. When recording distance vision, use 20 feet
as normal. Record the vision acuity results and indicate ifthedrivercan recognize and distinguish
among traffic control signalsand devices showing red, green, and amber colors; has monocular
vision;.has been referred to an ophthalmologist or optometrist; and if documentation has been
received from an ophthalmologist or optometrist
Hearing: the current hearing standard is provided on the form. Hearing can be tested using eithera
whisper test oraudion,etrictest, Record the test results in.the c:orrespondfng section for the test used.
Phjtslcal ExamlnatlomCheck the body systems for abnormalities.and indicate normal or abnormal
ft:,r..eath body system listed. Discussanyabnorrnafanswers in detail in the space provided.and indicatE:?
whether it would affectthe driver's abflfty to safely operate a commercial motor vehftle,
In thlsnmJedJon, iou.wlJlbs·~ either ti» Federato,Stated/ttermlntltlon,natbotlt.
•
Medkal Examiner Deter.mlnatlori (Federal): Use this section for examfnations performed in
accordance With the FMCSRs (49. CFR 3M .41 c321 .49). Complete the medical examiner determinatiQn
~ctfon completely. Whendetermining a driver's physical qualification, please note that English langwage
proficiency (:49'CFR part391.11: General qualifications of drivers} is n◊t factored into thatdetermination.
0
0
DoesnQtmeetstandards:Sefec::;t thfsoption when a driver isdeterminedto benotqualifiedand
provide an explanation of why the driver does not meet the standards in 49 CFR 591.41.
Meets standards In 49CFR.391.41; qualifies for 2-year. certification: Select this option when a
driver is determined to be qualified and will .be Issued a 2-year Medii:al Examiner's.Certificate.
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35651
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lnstrucdonr MCSA-S87S
0
Meets standards, but periodic monitoring Is required: Select this option when a driver Is
detennined to be qualified but needs periodic monitoring and provide an explanation of why
periodic monitoring is required. Select the corresponding t\me frame that the driver is qualified for,
and ifselectfng nother" specify the time frarne.
-
0
Determination pending: Selec.t this option when more information is needed to make a qualification
decision and specify a date, on or before the 45 day expiration date, for the driver to return. to the
medlcal exam office for follow-up. lhis will allow for a delay of the qualification decision for as many
as 45 days. If the disposition oflhe pending examination is not updated via the National Registry on or
before the 45 day expiration date, FMCSA will notify the examining medical examiner and the driver in
writing that the examination is no longer valid and thatthe driver fsrequfred to be re,examined.
-
0
0
0
0
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Incomplete examination: Select this when the physical examination is not completed for any
reason (e.g., c:lriver decides they do nc>t want to continue with the examination and leaves) other than
situations outlined under determination pending.
Medical Examiner information, signature and date: Provide your name, address, phone number,
occupation, license, certificate, or registration number and issuing state, national registry number;
signature and date.
Medi.cal Examiner's Certificate Expiration Date: Enter the date the driver's Medical Examiner's
Certificate (MEC) expires;
Medical Examiner Determination (State): Use this .section for examinations performed in accordance
with the FMCSRs (49 CFR 391 AE391.49) with any applicable State variances (which wrn only .be valid for
intrastate operations). Complete the medical examiner determination section to.rnpletely,
0
VerDate Sep<11>2014
MERamended: A Medical Examination Report Form (MER), MCSA-5875, may only be amended
while in determination pending status for situations where new information (e.g., test results,
etc.) has been received or there has been a change in the driver's medical status since the initial
examination; but prior to a final qualification determination. Select this option when a Medical
Examination Report Form, MCSAa5875, is being amended; provide the reason for the amendment,
signand date. In addition, initial and date any changes made on the Medical Examination RE!port
Form, MCSA-5875. A Medical Examination Report Form, MCSA-5875, cannot be .amended after
an examination has been indetermination pending status tor more than 45 days or after a final
qualification determination has been.made. The driver is required to obtain a new physical
examination and a new Medical Examination Report Form, I\IICSA-5875, should be completed.
Does not .meet standards In 49 CFR 391.41 with any applicable State variances! Select this
option when a dr.iver is determined to be not qualified and provide a.n explanation of why the driver
does:notmeet the standards in 49 CFR 391,41 with any applicable State variances.
Meets standards In 49Cfll391.41 with any appUcableStatevarlances: Select this.option when a
driver is determined to be qualified and will be issued a2-year Medical Examiner's certificate.
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•
Determination that driv.er meets standards: Select. all categories that apply to the driver's
certification (e.g., wearing corrective lenses, accompanied by a waiver/exemption, driving within
an exempt intracity tone, etc.).
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*
*
*
*
*
32. Amend § 391.64 by revising the
section heading to read as follows:
■
§ 391.64 Grandfathering for certain drivers
who participated in a vision waiver study
program.
*
*
*
*
*
Issued under authority delegated in 49 CFR
1.87.
Meera Joshi,
Deputy Administrator.
[FR Doc. 2021–13888 Filed 7–6–21; 8:45 am]
BILLING CODE 4910–EX–C
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
SUPPLEMENTARY INFORMATION:
50 CFR Part 300
Background
[Docket No. 210629–0138]
On October 20, 2020, NMFS
published a proposed rule in the
Federal Register (85 FR 66513)
proposing to establish requirements to
safeguard fishery observers and to
establish pre-trip notification
procedures for observer placement. The
30-day public comment period for the
proposed rule closed on November 19,
2020.
The final rule is issued under the
authority of the WCPFC Implementation
Act (16 U.S.C. 6901 et seq.), which
authorizes the Secretary of Commerce,
in consultation with the Secretary of
State and the Secretary of the
Department in which the United States
Coast Guard is operating (currently the
Department of Homeland Security), to
promulgate such regulations as may be
necessary to carry out the obligations of
the United States under the Convention,
including the decisions of the
Commission for the Conservation and
Management of Highly Migratory Fish
Stocks in the Western and Central
Pacific Ocean (WCPFC or Commission).
The WCPFC Implementation Act further
provides that the Secretary of Commerce
shall ensure consistency, to the extent
practicable, of fishery management
programs administered under the
WCPFC Implementation Act and the
Magnuson-Stevens Fishery
Conservation and Management Act
(MSA; 16 U.S.C. 1801 et seq.), as well
as other specific laws (see 16 U.S.C.
6905(b)). The Secretary of Commerce
has delegated the authority to
promulgate regulations under the
WCPFC Implementation Act to NMFS.
A map showing the boundaries of the
area of application of the Convention
(Convention Area), which comprises the
majority of the WCPO, can be found on
RIN 0648–BG66
International Fisheries; Western and
Central Pacific Fisheries for Highly
Migratory Species; Requirements To
Safeguard Fishery Observers
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
Under authority of the
Western and Central Pacific Fisheries
Convention Implementation Act
(WCPFC Implementation Act), NMFS
issues this final rule establishing
requirements to safeguard fishery
observers and establishing pre-trip
notification procedures for observer
placement. This action is necessary to
satisfy the obligations of the United
States under the Convention on the
Conservation and Management of
Highly Migratory Fish Stocks in the
Western and Central Pacific Ocean
(Convention), to which it is a
Contracting Party.
DATES: This rule is effective on August
6, 2021.
ADDRESSES: Copies of supporting
documents prepared for this final rule,
including the regulatory impact review
(RIR), as well as the proposed rule (85
FR 66513; October 20, 2020), are
available via the Federal e-rulemaking
Portal, at www.regulations.gov (search
for Docket ID NOAA–NMFS–2020–
0125). Those documents are also
available from NMFS at the following
address: Michael D. Tosatto, Regional
Administrator, NMFS, Pacific Islands
Regional Office (PIRO), 1845 Wasp
SUMMARY:
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Blvd., Building 176, Honolulu, HI
96818.
A final regulatory flexibility analysis
(FRFA) prepared under authority of the
Regulatory Flexibility Act is included in
the Classification section of the
SUPPLEMENTARY INFORMATION section of
this document.
Written comments regarding the
burden-hour estimates or other aspects
of the collection-of-information
requirements contained in this rule may
be submitted to PIRO at the address
listed above, by email to OIRA_
Submission@omb.eop.gov, or by fax to
(202) 395–5806.
FOR FURTHER INFORMATION CONTACT:
Valerie Post, NMFS PIRO, 808–725–
5034.
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35653
the WCPFC website at: www.wcpfc.int/
doc/convention-area-map.
This final rule implements specific
provisions of Conservation and
Management Measure (CMM) 2017–03,
‘‘Conservation and Management
Measure for WCPFC Regional
Programme Observers,’’ as well as
establishes pre-trip notification
procedures for observer placement. The
preamble to the proposed rule provides
background information, including
information on the Convention and the
Commission, the provisions that are
being implemented in this rule, and the
basis for the regulations, which is not
repeated here.
The Action
The specific elements of the final rule
are detailed below.
1. Observer Safety Requirements
This final rule implements specific
requirements for vessel owners and
operators to help ensure the safety of
WCPFC observers.1 CMM 2017–03
describes requirements for vessel
owners and operators specifically
related to vessel operations, notification,
search and rescue procedures, and
investigations in the event of death,
injury, serious illness, missing
overboard, or harassment of a WCPFC
observer.
NMFS is not promulgating additional
regulations in the event of death, loss or
serious injury as they would be
duplicative of U.S. Coast Guard
regulations on marine casualties and
investigations at 46 CFR part 4.
Under the final rule, vessel owners
and operators are required to notify the
designated authorities as specified by
the Regional Administrator at https://
www.fisheries.noaa.gov/pacific-islands/
commercial-fishing/western-andcentral-pacific-longline-and-purseseine-vessels in the event of serious
illness, assault, intimidation, threats,
interference, or harassment of a WCPFC
observer. NMFS has created a website
that provides specific contact
information of the designated
authorities, including emails and phone
numbers. At this time, NMFS has
identified the observer provider and
NOAA Office of Law Enforcement
Pacific Islands Division Duty Officer as
contacts in the event of serious assault,
1 A WCPFC observer is a person authorized by the
Commission in accordance with any procedures
established by the Commission to undertake vessel
observer duties as part of the Commission’s
Regional Observer Programme (ROP), including an
observer deployed as part of a NMFS-administered
observer program or as part of another national or
sub-regional observer program, provided that such
program is authorized by the Commission to be part
of the Commission’s ROP (see 50 CFR 300.211).
E:\FR\FM\07JYR1.SGM
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Agencies
[Federal Register Volume 86, Number 127 (Wednesday, July 7, 2021)]
[Rules and Regulations]
[Pages 35633-35653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13888]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Parts 381, 382, 383, 384, 385, 390, and 391
[Docket No. FMCSA-2020-0135]
RIN 2126-AC33
General Technical, Organizational, Conforming, and Correcting
Amendments to the Federal Motor Carrier Safety Regulations
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: FMCSA amends its regulations by making technical corrections
throughout the Federal Motor Carrier Safety Regulations (FMCSRs). The
Agency makes minor changes to correct inadvertent errors and omissions,
remove or update obsolete references, and improve the clarity and
consistency of certain regulatory provisions. The Agency also makes
nondiscretionary, ministerial changes that are statutorily mandated and
changes that merely align regulatory requirements with the underlying
statutory authority. Finally, this rule contains two minor changes to
FMCSA's rules of agency procedure or practice that relate to separation
of functions and allowing FMCSA and State personnel to conduct off-site
compliance reviews of motor carriers following the same safety fitness
determination criteria used in on-site compliance reviews.
DATES: This final rule is effective July 7, 2021, except for amendatory
instruction 31 which is effective September 7, 2021.
FOR FURTHER INFORMATION CONTACT: Mr. Nicholas Warren, Regulatory
Development Division, Office of Policy, Federal Motor Carrier Safety
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-0001;
(202) 366-6124; [email protected].
SUPPLEMENTARY INFORMATION:
I. Legal Basis for the Rulemaking
Congress delegated certain powers to regulate interstate commerce
to the United States Department of Transportation (DOT or Department)
in numerous pieces of legislation, most notably in section 6 of the
Department of Transportation Act (DOT Act) (Pub. L. 89-670, 80 Stat.
931, 937, Oct. 15, 1966). Section 6 of the DOT Act transferred to the
Department the authority of the former Interstate Commerce Commission
(ICC) to regulate the qualifications and maximum hours of service of
employees, the safety of operations, and the equipment of motor
carriers in interstate commerce (80 Stat. 939). This authority, first
granted to the ICC in the Motor Carrier Act of 1935 (Pub. L. 74-255, 49
Stat. 543, Aug. 9, 1935), now appears in 49 U.S.C. chapter 315. The
regulations issued under this (and subsequently enacted) authority
became known as the FMCSRs, codified at 49 CFR parts 350-399. The
administrative powers to enforce chapter 315 (codified in 49 U.S.C.
chapter 5) were also transferred from the ICC to the DOT in 1966, and
assigned first to the Federal Highway Administration (FHWA) and then to
FMCSA. The FMCSA Administrator has been delegated authority under 49
CFR 1.87 to carry out the motor carrier functions vested in the
Secretary of Transportation.
Between 1984 and 1999, several statutes added to FHWA's authority.
Various statutes authorize the enforcement of the FMCSRs, the Hazardous
Materials Regulations, and the Commercial Regulations, and provide both
civil and criminal penalties for violations of these requirements.
These statutes include the Motor Carrier Safety Act of 1984 (Pub. L.
98-554, Title II, 98 Stat. 2832, Oct. 30, 1984), codified at 49 U.S.C.
chapter 311, subchapter III; the Commercial Motor Vehicle Safety Act of
1986 (Pub. L. 99-570, Title XII, 100 Stat. 3207-170, Oct. 27, 1986),
codified at 49 U.S.C. chapter 313; the Hazardous Materials
Transportation Uniform Safety Act of 1990, as amended (Pub. L. 101-615,
104 Stat. 3244, Nov. 16, 1990), codified at 49 U.S.C. chapter 51; the
Omnibus Transportation Employee Testing Act of 1991 (Pub. L. 102-143,
Title V, 105 Stat. 917, 952, Oct. 28, 1991), codified at 49 U.S.C.
31306; and the ICC Termination Act of 1995 (Pub. L. 104-88, 109 Stat.
803, Dec. 29, 1995), codified at 49 U.S.C. chapters 131-149.
The Motor Carrier Safety Improvement Act of 1999 (Pub. L. 106-159,
113 Stat. 1748, Dec. 9, 1999) established FMCSA as a new operating
administration within DOT, effective January 1, 2000. The motor carrier
safety responsibilities previously assigned to both the ICC and FHWA
are now assigned to FMCSA.
Congress expanded, modified, and amended FMCSA's authority in the
Uniting and Strengthening America by Providing Appropriate Tools
Required to Intercept and Obstruct Terrorism Act of 2001 (Pub. L. 107-
56, 115 Stat. 272, Oct. 26, 2001); the Safe, Accountable, Flexible,
Efficient Transportation Equity
[[Page 35634]]
Act: A Legacy for Users (SAFETEA-LU) (Pub. L. 109-59, 119 Stat. 1144,
Aug. 10, 2005); the SAFETEA-LU Technical Corrections Act of 2008 (Pub.
L. 110-244, 122 Stat. 1572, June 6, 2008); the Moving Ahead for
Progress in the 21st Century Act (MAP-21) (Pub. L. 112-141, 126 Stat.
405, July 6, 2012); and the Fixing America's Surface Transportation Act
(Pub. L. 114-94, 129 Stat. 1312, Dec. 4, 2015).
The specific regulations amended by this rule are based on the
statutes detailed above. Generally, the legal authority for each of
those provisions was explained when the requirement was originally
adopted and is noted at the beginning of each part in title 49 of the
Code of Federal Regulations.
The Administrative Procedure Act (APA) specifically provides
exceptions to its notice and comment rulemaking procedures when an
agency finds there is good cause to dispense with them, and
incorporates the finding, and a brief statement of reasons therefore,
in the rules issued (5 U.S.C. 553(b)(3)(B)). Good cause exists when an
agency determines that notice and public comment procedures are
impractical, unnecessary, or contrary to the public interest. The
amendments made in this final rule primarily correct inadvertent errors
and omissions, remove or update obsolete references, and make minor
language changes to improve clarity and consistency. Some changes are
statutorily mandated or relate to previous changes that were
statutorily mandated. In accommodating those changes, the Agency is
performing nondiscretionary, ministerial acts. Other changes merely
align regulatory requirements with the underlying statutory authority.
The technical amendments do not impose any material new requirements or
increase compliance obligations. In addition, the amendments removing
the word ``on-site'' from the definitions of Compliance review and
Roadability review in Sec. 385.3 recognize the technological advances
that allow FMCSA to perform the same investigative functions remotely
in some cases that it could perform previously only by in-person
reviews of the motor carrier's files. The regulatory standards are not
changing as a result of this minor procedural adjustment. Moreover, the
APA provides an additional exception to its notice and comment
rulemaking procedures for ``rules of agency organization, procedure, or
practice'' (5 U.S.C. 553(b)(3)(A)). For these reasons, FMCSA finds good
cause that notice and public comment on this final rule are
unnecessary.
The amendment adding a separation of functions provision in new
Sec. 385.21 also concerns the APA exception for ``rules of agency
organization, procedure, or practice.'' The amendment is, therefore,
excepted from the notice and public comment requirements.
The APA also allows agencies to make rules effective immediately
with good cause (5 U.S.C. 553(d)(3)), instead of requiring publication
30 days prior to the effective date. For the reasons already stated,
FMCSA finds there is good cause for this rule to be effective
immediately, except as noted in amendatory instruction 31, concerning
the revised Medical Examination Report Form, MCSA-5875, in Sec.
391.43(f).
The Agency is aware of the regulatory requirements concerning
public participation in FMCSA rulemaking (49 U.S.C. 31136(g)). These
requirements pertain to certain major rules,\1\ but, because this final
rule is not a major rule, they are not applicable.
---------------------------------------------------------------------------
\1\ A ``major rule'' means any rule that the Administrator of
the Office of Information and Regulatory Affairs of the Office of
Management and Budget finds has resulted in or is likely to result
in (a) an annual effect on the economy of $100 million or more; (b)
a major increase in costs or prices for consumers, individual
industries, Federal agencies, State agencies, local government
agencies, or geographic regions; or (c) significant adverse effects
on competition, employment, investment, productivity, innovation, or
on the ability of United States-based enterprises to compete with
foreign-based enterprises in domestic and export markets (5 U.S.C.
804(2)).
---------------------------------------------------------------------------
II. Section-by-Section Analysis
This section-by-section analysis describes the changes to the
regulatory text in numerical order.
A. Section 381.110 What definitions are applicable to this part?
FMCSA adds parts 380 and 384 to the definition of FMCSRs in Sec.
381.110. Through this amendment, in conjunction with the following
amendments to Sec. Sec. 381.200, 381.300, and 381.400, FMCSA adds
parts 380 and 384 to the list of parts and sections of the FMCSRs from
which, pursuant to part 381, FMCSA may grant a waiver, an exemption, or
an exemption for a pilot program. This change is in accordance with 49
U.S.C. 31136(e) and 49 U.S.C. 31315(a), (b), and (c), which provide for
waivers and exemptions from regulations prescribed under 49 U.S.C.
31136 and chapter 313, and for pilot programs, respectively. As all
regulations set forth in parts 380 and 384 were promulgated under that
authority, this change merely aligns the regulatory requirements in
part 381 with the authority set forth in those statutes. FMCSA also
changes the punctuation for the list in the parenthetical text.
B. Section 381.200 What is a waiver?
In Sec. 381.200(d), FMCSA adds parts 380 and 384 to the FMCSRs
from which entities and individuals can request waivers pursuant to
part 381, subpart B. This change is authorized as stated above in
section II.A.
C. Section 381.300 What is an exemption?
In Sec. 381.300(c), FMCSA adds parts 380 and 384 to the FMCSRs
from which entities and individuals can request exemptions pursuant to
part 381, subpart C. This change is authorized as stated above in
section II.A.
D. Section 381.400 What is a pilot program?
In Sec. 381.400(f), FMCSA adds parts 380 and 384 to the FMCSRs
from which entities and individuals can request exemptions for pilot
programs pursuant to part 381, subpart D. This change is authorized as
stated above in section II.A.
E. Section 382.103 Applicability
In Sec. 382.103(d)(1), FMCSA adds the word ``only'' after
``comply'' to clarify that drivers who perform only Federal Transit
Administration (FTA)-regulated safety-sensitive functions are exempt
from part 382, as are their employers. By contrast, FTA-regulated
entities that employ drivers who also perform FMCSA-regulated safety-
sensitive functions must comply with the relevant testing requirements
of part 382. FMCSA makes this change, which reflects the purpose and
intent of Sec. 382.103(d)(1), as stated above, to improve clarity.
F. Section 382.121 Employee Admission of Alcohol and Controlled
Substances Use
FMCSA inserts ``non-DOT'' before ``return to duty'' in paragraphs
(b)(4)(i) and (ii) of Sec. 382.121. Paragraph (a) provides that
employees who self-admit alcohol misuse or controlled substances use to
their employers are not subject to obtaining referral, evaluation, and
treatment under parts 382 and 40. The changes in paragraph (b)(4)
clarify that the ``return to duty'' (RTD) testing referenced is not the
DOT testing required under parts 382 and 40. This clarification is
intended to remind employers that, consistent with the purpose of this
section, results of non-DOT RTD tests conducted in accordance with
paragraph (b)(4) should not be reported to the Commercial Driver's
License Drug and Alcohol Clearinghouse (Clearinghouse), an electronic
database that contains driver-specific drug and alcohol program
[[Page 35635]]
violation information. The changes also provide consistency with the
reference in paragraph (b)(5) to ``non-DOT follow-up testing.''
G. Section 382.123 Driver identification
In Sec. 382.123(b)(2), FMCSA corrects a reference to the Alcohol
Testing Form (ATF) (the subject of paragraph (a)), instead of the
Federal Drug Testing Custody and Control Form (CCF) (the subject of
paragraph (b)). The heading of Sec. 382.123(b) (``Identification
information on the Federal Drug Testing Custody and Control Form
(CCF)'') indicates this paragraph relates to the information required
to be provided on the CCF.
H. Section 382.701 Drug and Alcohol Clearinghouse
Subpart G of part 382, beginning with Sec. 382.701, provides
requirements and procedures for implementation of the Clearinghouse. In
Sec. 382.701, FMCSA amends paragraph (d) by adding after the first use
of the word ``driver'' the words ``the employer employs or intends to
hire or use.'' The sentence now reads, in part, ``No employer may allow
a driver the employer employs or intends to hire or use to perform any
safety-sensitive function if the results of a Clearinghouse query
demonstrate that the driver has a verified positive, adulterated, or
substituted controlled substances test result . . . .''
The purpose of the amendment is to align Sec. 382.701(d) with 49
U.S.C. 31306a, which prohibits employers from using current and
prospective employee-drivers to operate a commercial motor vehicle
(CMV) if a query of the Clearinghouse shows the driver has violated the
drug and alcohol testing program requirements and has not completed the
return-to-duty process. In this regard, section 31306a(m)(5) defines
``employer'' as ``a person or entity employing, or seeking to employ, 1
or more employees (including an individual who is self-employed) to be
commercial motor vehicle operators.'' As currently drafted, Sec.
382.701(d) may imply that the prohibition against permitting a driver
with unresolved drug and alcohol testing program violations to perform
safety-sensitive functions applies to current, and not prospective,
employee-drivers. This amendment makes clear that, consistent with the
statute, the prohibition applies to employers of current and
prospective drivers. In addition, the amendment conforms Sec.
382.701(d) to Sec. 382.301(a) (``Pre-employment testing''), which
states, in part, ``No employer shall allow a driver, who the employer
intends to hire or use, to perform safety-sensitive functions unless
the employer has received a controlled substances test result from the
[Medical Review Officer (MRO)] or [Consortium/Third party Administrator
(C/TPA)] indicating a verified negative test result for that driver.''
I. Section 382.705 Reporting to the Clearinghouse
FMCSA amends three paragraphs of Sec. 382.705(b). In paragraph
(b)(3)(iii), FMCSA replaces the word ``designated'' with the phrase
``authorized to act'' for clarity. This clarifying change avoids
potential confusion caused by use of the word ``designate'' elsewhere
in the section. In paragraph (b)(6) of that same section, ``designate''
pertains to the designation of a C/TPA for Clearinghouse reporting
purposes. By substituting ``authorized to act'' for ``designate'' in
paragraph (b)(3)(iii), FMCSA makes clear that, as intended, the C/TPA
must have been acting with actual authority as a service agent when the
refusal occurred; whether the C/TPA is ``designated'' by the employer,
as that term is used in paragraph (b)(6), when the refusal occurs, is
not relevant.
In paragraphs (b)(3)(iv) and (b)(5)(vii), FMCSA adds ``(if
applicable)'' to the end of each paragraph. This change clarifies that
when reporting a ``failure to appear'' refusal under paragraph (b)(3)
or an ``actual knowledge'' violation under paragraphs (b)(4) and (5),
the requirement that employers submit documentation showing that the
driver was provided with all the information reported to the
Clearinghouse does not apply if the driver is registered in the
Clearinghouse. Drivers who are registered in the Clearinghouse have
electronic access to the information and documents referenced in
paragraphs (b)(3) and (5), thereby making the employer's separate
delivery of the documentation to the driver unnecessary.
J. Section 382.717 Procedures for Correcting Certain Information in the
Database
In the heading of this section, FMCSA adds the word ``certain''
after the word ``correcting'' to reflect more accurately the limited
scope of this section, which sets forth procedures drivers may use to
request correction or removal of certain types of information about
them that exists in the Clearinghouse. In the heading of paragraph (a),
FMCSA replaces the word ``inaccurately'' with ``incorrectly.'' The
Agency also makes clarifying changes to Sec. 382.717(a)(1) to ensure
that drivers understand the narrow basis for the correction or removal
of their Clearinghouse records permitted under this section. These
clarifications are consistent with the limited scope of Sec. 382.717,
as discussed in the preamble to the December 2016 final rule
establishing the Clearinghouse requirements (81 FR 87686, 87715, Dec.
5, 2016), the Privacy Impact Assessment for the Clearinghouse, and the
System of Records Notice for the Clearinghouse (84 FR 56521, 56526,
Oct. 22, 2019). As explained collectively therein, the correction
processes in Sec. 382.717 apply only to administrative errors or an
employer's failure to comply with documentation requirements for
reporting certain test refusal and actual knowledge violations, as set
forth in Sec. 382.703, paragraphs (b)(3) and (5); drivers may not
contest the accuracy of drug and alcohol program violation information,
such as test results or refusals.
K. Section 382.725 Access by State Licensing Authorities
In Sec. 382.725(c), FMCSA inserts the word ``commercial'' after
``chief'' in the second sentence for consistency with use of the term
``chief commercial driver's licensing official'' in that section. This
amendment also helps to avoid confusion concerning the existing
language, which may appear to introduce another category of licensing
official.
L. Section 383.3 Applicability
In Sec. 383.3(c), FMCSA corrects a typographical error by adding a
missing ``s'' to the word ``member,'' in the phrase ``member of the
national guard on active duty,'' to improve readability.
M. Section 383.5 Definitions
At the end of paragraph (1) in the definition of Commerce in Sec.
383.5, FMCSA changes the conjunctive ``and'' to ``or'' to be consistent
with the definition of Commerce in 49 U.S.C. 31301(2). This action
updates language that has been in Sec. 383.5 since FHWA amended the
FMCSRs to implement the requirements of the Commercial Motor Vehicle
Safety Act of 1986 on June 1, 1987 (52 FR 20574, 20587). Paragraph (2)
of 49 U.S.C. 31301 provides that ``commerce'' means trade, traffic, and
transportation in the United States between a place in a State and a
place outside that State (including a place outside the United States);
``or'' in the United States that affects trade, traffic, and
transportation between a place in a State and a place outside that
State. This definition applies to 49 U.S.C. 31302 (``Commercial
driver's license requirement''), including the definition of Commerce
in Sec. 383.5 of 49 CFR part 383 (``Commercial driver's license
[[Page 35636]]
standards; requirements and penalties''). To ensure consistency with
the applicable statutory authority, the conjunction ``and'' is replaced
with ``or'' in Sec. 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 Disqualification of Drivers
FMCSA adds an additional exclusion to entry (6) in Table 1 to Sec.
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 driver's 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. 7102(11). As amended, entry (6) excludes
both a felony described in paragraph (b)(9) of Table 1 (entry (9)) and
a felony described in paragraph (b)(10) of Table 1 (entry (10)).
O. Section 383.9 Commercial Motor Vehicle Groups
FMCSA updates the title of Figure 1 to Sec. 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, FMCSA's predecessor agency.
P. Section 384.401 Withholding of Funds Based on Noncompliance
In Sec. 384.401, FMCSA revises the cross-references to 23 U.S.C.
104(b) to reflect changes to 49 U.S.C. 31314(c), the statutory
provision that provides the cross-references in Sec. 384.401. Section
1404(j) of MAP-21 (Pub. L. 112-141, 126 Stat. 405, 559, July 6, 2012)
revised 49 U.S.C. 31314(c), effective October 1, 2011. Section 384.401
is no longer consistent with the underlying statutory authority in 49
U.S.C. 31314(c). To conform Sec. 384.401 to 49 U.S.C. 31314(c), FMCSA
changes the cross-references in paragraphs (a) and (b) of Sec. 384.401
from ``each of sections 104(b)(1), (b)(3), and (b)(4) of title 23
U.S.C.'' to ``23 U.S.C. 104(b)(1) and (2).''
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
Sec. 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 FMCSA's 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. 107-87, 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 carrier's records and document violations
of acute regulations and patterns of violations of critical regulations
to complete the compliance review (Sec. 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
review's ``in-depth examination of a motor carrier's operations'' are
``[d]ocuments 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 recently, safety investigators had
to visit the motor carrier's principal place of business to review
these records. FMCSA is now able to ask carriers to upload their
records to FMCSA's online system, making an ``on-site'' visit
unnecessary in certain compliance reviews.
FMCSA also removes the word ``on-site'' from the definition of
Roadability review in paragraph (4) of the definition of Reviews in
Sec. 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 FMCSA's 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 driver's license'' in the
definition of Compliance review.
R. Section 385.21 Separation of Functions
In new Sec. 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 Sec. 386.3, which is the separation
of functions provision applicable to administrative reviews of proposed
civil penalties.
S. Appendix B to Part 385--Explanation of Safety Rating Process
FMCSA amends appendix B to part 385 to conform to a 2013 revision
of the standard in Sec. 383.37 from ``knowingly'' to ``knows or should
reasonably know'' (78 FR 60226, 60227, 60231, Oct. 1, 2013).
Specifically, FMCSA amends the entries for Sec. 383.37(a) 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,
[[Page 35637]]
FMCSA deletes the word ``knowingly'' at the beginning of the sentence
and makes minor modifications to the sentence to ensure that the
appendix entries more closely follow the language of the regulatory
text to which they refer (e.g., by using the term ``driver'' instead of
``employee'' in all three entries and adding the term ``CLP'' and the
acronym ``CDL'' in the entries for paragraphs (b) and (c)) and to
better accommodate the phrase ``knows or reasonably should have known''
into the entries.
T. Sections 390.5 (Suspended) and 390.5T Definitions
In Sec. Sec. 390.5 (suspended) and 390.5T, FMCSA clarifies the
meaning of Covered farm vehicle (CFV) to include combination vehicles,
which are eligible for the CFV exemption, but not explicitly identified
in the statutory definition in section 32934 of MAP-21 (Pub. L. 112-
141, 126 Stat. 405, 830-31, July 6, 2012 (49 U.S.C. 31136 note)). The
statutory definition does, however, explicitly include ``articulated''
vehicles. Combination vehicles are considered ``articulated'' because
they combine a tractor with one or more trailers at one or more points
of articulation (e.g., for a single trailer, the point of articulation
is the trailer kingpin that fits into the fifth wheel mounted on the
chassis of the tractor behind the cab (or sleeper berth, if so
equipped)). Because the terms ``gross vehicle weight rating'' and
``gross vehicle weight'' are universally applied to single-unit (i.e.,
non-combination) vehicles, paragraphs (2)(i) and (ii) appear to
conflict with the provision in section 32934(c)(1) explicitly allowing
the CFV exemption for articulated (including combination) vehicles.
Therefore, in paragraphs (2)(i) and (ii) of the definition, FMCSA adds
the parallel phrases applicable to combination vehicles (``gross
combination weight rating'' and ``gross combination weight'') to
effectuate the intent of Congress expressed in section 32934(c)(1) to
give operators of combination (i.e., articulated) vehicles the benefit
of the CFV exemption.
On January 17, 2017, FMCSA suspended certain regulations relating
to the electronic Unified Registration System and delayed their
effective date indefinitely (82 FR 5292). The suspended regulations
were replaced by temporary provisions that contain the requirements in
place on January 13, 2017. Section 390.5 was one of the sections
suspended and Sec. 390.5T, which is currently in effect, was added (82
FR 5311).
U. Section 391.41(b) Physical Qualifications for Drivers
In Sec. 391.41(b), FMCSA corrects the punctuation by changing the
ending punctuation in paragraphs (b)(2)(ii) and (b)(4) and (b)(11) from
periods to semicolons. In paragraph (b)(12)(i), the Agency changes the
ending punctuation from a period to a semicolon and inserts the
conjunction ``or.'' In paragraph (b)(12)(ii), the Agency changes the
ending punctuation from a period to a semicolon and inserts the
conjunction ``and.'' These changes make the punctuation in the section
consistent and grammatically correct.
V. Section 391.43 Medical Examination; Certificate of Physical
Examination
FMCSA amends three paragraphs of Sec. 391.43. In paragraph (e),
FMCSA removes the word ``endocrinologist'' from the first sentence
because it is no longer relevant to the requirements of Sec. 391.64,
referenced in this paragraph. On September 19, 2018, FMCSA amended its
physical qualification standards to allow individuals with stable
insulin regimens and properly controlled insulin-treated diabetes
mellitus to drive CMVs in interstate commerce if certain requirements
are met (83 FR 47486). The rule also eliminated the diabetes
grandfather provision under Sec. 391.64(a) 1 year after the effective
date of the rule on November 19, 2019 (83 FR 47521). Section 391.64(a)
required an annual examination by an endocrinologist. Because Sec.
391.64(a) was eliminated on November 19, 2019, the reference to the
findings of the annual examination by an endocrinologist is obsolete.
In paragraph (f), FMCSA changes the Medical Examination Report
Form, MCSA-5875, by removing the request for gender information on page
1 in Section 1, pertaining to the personal information provided by the
driver, and removing ``gender'' on page 6 of the instructions to
Section 1. FMCSA makes these changes because it is unnecessary to
collect gender information on the form. In the medical examiner's
attestation for both the Federal and State Medical Examiner
Determination sections (pages 4 and 5 respectively), FMCSA adds a
missing comma after ``that'' to correct punctuation. On page 6 in the
instructions for Section 1 regarding the driver's personal information,
FMCSA removes ``Question:'' prior to the question asking if a medical
certificate has ever been denied or issued for less than two years
because it is unnecessary. In the instructions for both the Federal and
State Medical Examiner Determination sections (pages 8 and 9,
respectively), FMCSA makes changes to the second sentence in the
``Meets standards, but periodic monitoring is required'' paragraph to
correct grammar. FMCSA adds ``for,'' deletes the comma after ``other,''
and puts ``other'' in quotation marks. The sentences read, ``Select the
corresponding time frame that the driver is qualified for, and if
selecting `other' specify the time frame.'' FMCSA also makes minor
formatting changes to correct errors and promote consistency in the
style of bullet points and quotation and apostrophe marks, use of
bolding and italics, and use of a forward slash instead of a comma. Use
of the revised form will become effective 60 days after this rule is
published to provide sufficient time for the public to make any
necessary information technology changes.
In paragraph (g)(4), FMCSA makes minor edits for clarity concerning
the reasons that a medical examiner may find that a determination
should be delayed. Rather than a medical examiner finding that a
determination should be delayed ``pending the receipt of additional
information,'' the text makes clear that the delay may be in order ``to
receive additional information.'' Similarly, rather than finding that a
determination should be delayed ``pending . . . the conduct of further
examination,'' the text makes clear that the delay may be in order ``to
conduct further examination.''
W. Section 391.64 Grandfathering for Certain Drivers Who Participated
in a Vision Waiver Study Program
In Sec. 391.64, FMCSA revises the section heading to remove
references to a diabetes waiver study program. On September 19, 2018,
FMCSA amended its physical qualification standards to allow individuals
with stable insulin regimens and properly controlled insulin-treated
diabetes mellitus to drive CMVs in interstate commerce if certain
requirements are met (83 FR 47486). The rule also eliminated the
diabetes grandfather provision under Sec. 391.64(a) 1 year after the
effective date of the rule on November 19, 2019 (83 FR 47521). Because
Sec. 391.64(a) was eliminated on November 19, 2019, the reference to
the diabetes waiver study program in the section title is obsolete.
[[Page 35638]]
III. Regulatory Analyses
A. Executive Order (E.O.) 12866 (Regulatory Planning and Review), E.O.
13563 (Improving Regulation and Regulatory Review), and DOT Regulations
This final rule is not a significant regulatory action under
section 3(f) of 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 this final
rule does not require an assessment of potential costs and benefits
under section 6(a)(3) of E.O. 12866. Accordingly, the Office of
Management and Budget has not reviewed it under that Order. In
addition, this rule is not significant within the meaning of DOT
regulations (49 CFR 5.13(a)). The amendments made in this final rule
primarily correct inadvertent errors and omissions, remove or update
obsolete references, and make minor language changes to improve clarity
and consistency. Some changes are statutorily mandated or relate to
previous changes that were statutorily mandated. In accommodating those
changes, the Agency is performing nondiscretionary, ministerial acts.
Other changes merely align regulatory requirements with the underlying
statutory authority. Two changes relate to minor amendments to FMCSA's
rules of practice or procedure. None of the changes in this final rule
imposes material new requirements or increases compliance obligations;
therefore, this final rule imposes no new costs and a full regulatory
evaluation is unnecessary.
B. Congressional Review Act
Pursuant to the Congressional Review Act (5 U.S.C. 801-808), the
Office of Information and Regulatory Affairs designated this rule as
not a ``major rule,'' as defined by 5 U.S.C. 804(2).
C. Regulatory Flexibility Act (Small Entities)
Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 601-612),
FMCSA is not required to complete a regulatory flexibility analysis
because, as discussed earlier in the Legal Basis for the Rulemaking
section, this action is not subject to notice and public comment under
section 553(b) of the APA.
D. Assistance for Small Entities
In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121, 110 Stat. 857, Mar.
29, 1996), FMCSA wants to assist small entities in understanding this
final rule so they can better evaluate its effects on themselves and
participate in the rulemaking initiative. If the final rule will affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance;
please consult the person listed under the FOR FURTHER INFORMATION
CONTACT section of this final rule.
Small businesses may send comments on the actions of Federal
employees who enforce or otherwise determine compliance with Federal
regulations to the Small Business Administration's Small Business and
Agriculture Regulatory Enforcement Ombudsman and the Regional Small
Business Regulatory Fairness Boards. The Ombudsman evaluates these
actions annually and rates each agency's responsiveness to small
business. If you wish to comment on actions by employees of FMCSA, call
1-888-REG-FAIR (1-888-734-3247). DOT has a policy regarding the rights
of small entities to regulatory enforcement fairness and an explicit
policy against retaliation for exercising these rights.
E. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or Tribal government, in
the aggregate, or by the private sector of $165 million (which is the
value equivalent of $100 million in 1995, adjusted for inflation to
2018 levels) or more in any 1 year. This final rule will not result in
such an expenditure.
F. Paperwork Reduction Act (Collection of Information)
This final rule contains no new information collection requirements
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
G. E.O. 13132 (Federalism)
A rule has implications for federalism under section 1(a) of E.O.
13132 if it has ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.'' FMCSA has determined that this rule will not have
substantial direct costs on or for States, nor will it limit the
policymaking discretion of States. Nothing in this document preempts
any State law or regulation. Therefore, this rule does not have
sufficient federalism implications to warrant the preparation of a
Federalism Impact Statement.
H. Privacy
The Consolidated Appropriations Act, 2005 (Pub. L. 108-447, 118
Stat. 2809, 3268, Dec. 8, 2004 (5 U.S.C. 552a note)), requires the
Agency to conduct a privacy impact assessment of a regulation that will
affect the privacy of individuals. Because this rule does not require
the collection of personally identifiable information, the Agency is
not required to conduct a privacy impact assessment.
The Privacy Act (5 U.S.C. 552a) applies only to Federal agencies
and any non-Federal agency that receives records contained in a system
of records from a Federal agency for use in a matching program.
The E-Government Act of 2002 (Pub. L. 107-347, sec. 208, 116 Stat.
2899, 2921, Dec. 17, 2002), requires Federal agencies to conduct a
privacy impact assessment for new or substantially changed technology
that collects, maintains, or disseminates information in an
identifiable form. No new or substantially changed technology will
collect, maintain, or disseminate information as a result of this rule.
Accordingly, FMCSA has not conducted a privacy impact assessment.
I. E.O. 13175 (Indian Tribal Governments)
This rule does not have Tribal implications under E.O. 13175,
Consultation and Coordination with Indian Tribal Governments, because
it does not have a substantial direct effect on one or more Indian
Tribes, on the relationship between the Federal 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 rule 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, paragraphs 6.b and c. These Categorical Exclusions address
minor corrections and regulations concerning internal agency functions,
organization, or personnel administration such as those found in this
rulemaking. Therefore, preparation
[[Page 35639]]
of an environmental assessment or environmental impact statement is not
necessary.
List of Subjects
49 CFR Part 381
Motor carriers.
49 CFR Part 382
Administrative practice and procedure, Alcohol abuse, Drug abuse,
Drug testing, Highway safety, Motor carriers, Penalties, Safety,
Transportation.
49 CFR Part 383
Administrative practice and procedure, Alcohol abuse, Drug abuse,
Drug testing, Highway safety, Motor carriers, Penalties, Safety,
Transportation.
49 CFR Part 384
Administrative practice and procedure, Alcohol abuse, Drug abuse,
Highway safety, Motor carriers.
49 CFR Part 385
Administrative practice and procedure, Highway safety,
Incorporation by reference, Mexico, Motor carriers, Motor vehicle
safety, Reporting and recordkeeping requirements.
49 CFR Part 390
Highway safety, Intermodal transportation, Motor carriers, Motor
vehicle safety, Reporting and recordkeeping requirements.
49 CFR Part 391
Alcohol abuse, Drug abuse, Drug testing, Highway safety, Motor
carriers, Reporting and recordkeeping requirements, Safety,
Transportation.
In consideration of the foregoing, FMCSA amends 49 CFR chapter III
as set forth below:
PART 381--WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS
0
1. The authority citation for part 381 continues to read as follows:
Authority: 49 U.S.C. 31136(e) and 31315; and 49 CFR 1.87.
0
2. Amend Sec. 381.110 by revising the definition of FMCSRs to read as
follows:
Sec. 381.110 What definitions are applicable to this part?
* * * * *
FMCSRs means Federal Motor Carrier Safety Regulations (49 CFR parts
380, 382, 383, and 384; 49 CFR 390.19 and 390.21; and 49 CFR parts 391
through 393, 395, 396, and 399).
* * * * *
0
3. Amend Sec. 381.200 by:
0
a. Redesignating paragraphs (d)(3) through (10) as paragraphs (d)(5)
through (12);
0
b. Redesignating paragraphs (d)(1) and (2) as paragraphs (d)(2) and
(3); and
0
c. Adding new paragraphs (d)(1) and (4).
The additions read as follows:
Sec. 381.200 What is a waiver?
* * * * *
(d) * * *
(1) Part 380--Special Training Requirements;
* * * * *
(4) Part 384--State Compliance with Commercial Driver's License
Program;
* * * * *
0
4. Amend Sec. 381.300 by:
0
a. Redesignating paragraphs (c)(3) through (8) as paragraphs (c)(5)
through (10);
0
b. Redesignating paragraphs (c)(1) and (2) as paragraphs (c)(2) and
(3); and
0
c. Adding new paragraphs (c)(1) and (4).
The additions read as follows:
Sec. 381.300 What is an exemption?
* * * * *
(c) * * *
(1) Part 380--Special Training Requirements;
* * * * *
(4) Part 384--State Compliance with Commercial Driver's License
Program;
* * * * *
0
5. Amend Sec. 381.400 by:
0
a. Redesignating paragraphs (f)(3) through (8) as paragraphs (f)(5)
through (10);
0
b. Redesignating paragraphs (f)(1) and (2) as paragraphs (f)(2) and
(3); and
0
c. Adding new paragraphs (f)(1) and (4).
The additions read as follows:
Sec. 381.400 What is a pilot program?
* * * * *
(f) * * *
(1) Part 380--Special Training Requirements;
* * * * *
(4) Part 384--State Compliance with Commercial Driver's License
Program;
* * * * *
PART 382--CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING
0
6. The authority citation for part 382 continues to read as follows:
Authority: 49 U.S.C. 31133, 31136, 31301 et seq., 31502; sec.
32934, Pub. L. 112-141, 126 Stat. 405, 830; and 49 CFR 1.87.
Sec. 382.103 [Amended]
0
7. In Sec. 382.103, add the word ``only'' after the word ``comply'' in
paragraph (d)(1).
0
8. Amend Sec. 382.121 by revising paragraphs (b)(4)(i) and (ii) to
read as follows:
Sec. 382.121 Employee admission of alcohol and controlled substances
use.
* * * * *
(b) * * *
(4) * * *
(i) Prior to the employee participating in a safety sensitive
function, the employee shall undergo a non-DOT return to duty test with
a result indicating an alcohol concentration of less than 0.02; and/or
(ii) Prior to the employee participating in a safety sensitive
function, the employee shall undergo a non-DOT return to duty
controlled substance test with a verified negative test result for
controlled substances use; and
* * * * *
0
9. Amend Sec. 382.123 by revising paragraph (b)(2) to read as follows:
Sec. 382.123 Driver identification.
* * * * *
(b) * * *
(2) The employer's name and other identifying information required
in Step 1, section A of the CCF.
0
10. Amend Sec. 382.701 by revising paragraph (d) introductory text to
read as follows:
Sec. 382.701 Drug and Alcohol Clearinghouse.
* * * * *
(d) Prohibition. No employer may allow a driver the employer
employs or intends to hire or use to perform any safety-sensitive
function if the results of a Clearinghouse query demonstrate that the
driver has a verified positive, adulterated, or substituted controlled
substances test result; has an alcohol confirmation test with a
concentration of 0.04 or higher; has refused to submit to a test in
violation of Sec. 382.211; or that an employer has reported actual
knowledge, as defined at Sec. 382.107, that the driver used alcohol on
duty in violation of Sec. 382.205, used alcohol before duty in
violation of Sec. 382.207, used alcohol following an accident in
violation of Sec. 382.209, or used a controlled substance in violation
of Sec. 382.213, except where a query of the Clearinghouse
demonstrates:
* * * * *
0
11. Amend Sec. 382.705 by revising paragraphs (b)(3)(iii) and (iv) and
(b)(5)(vii) to read as follows:
[[Page 35640]]
Sec. 382.705 Reporting to the Clearinghouse.
* * * * *
(b) * * *
(3) * * *
(iii) Documentation, including, but not limited to, electronic mail
or other correspondence, or an affidavit, showing that the C/TPA
reporting the violation was authorized to act as a service agent for an
employer who employs himself/herself as a driver pursuant to paragraph
(b)(6) of this section when the reported refusal occurred (if
applicable); and
(iv) Documentation, including a certificate of service or other
evidence, showing that the employer provided the employee with all
documentation reported under paragraph (b)(3) of this section (if
applicable).
* * * * *
(5) * * *
(vii) A certificate of service or other evidence showing that the
employer provided the employee with all information reported under
paragraph (b)(4) of this section (if applicable).
* * * * *
0
12. Amend Sec. 382.717 by revising the section and paragraph (a)
headings and paragraph (a)(1) to read as follows:
Sec. 382.717 Procedures for correcting certain information in the
database.
(a) Petitions limited to incorrectly reported information. (1)
Under this section, petitioners may request only that administrative
errors be corrected (e.g., errors in data entry or a duplicate report
of a positive test result); petitioners may not contest the accuracy of
test results, test refusals, or other violation information, under this
section.
* * * * *
0
13. Amend Sec. 382.725 by revising paragraph (c) to read as follows:
Sec. 382.725 Access by State licensing authorities.
* * * * *
(c) The chief commercial driver's licensing official's use of
information received from the Clearinghouse is limited to determining
an individual's qualifications to operate a commercial motor vehicle.
No chief commercial driver's licensing official may divulge or permit
any other person or entity to divulge any information from the
Clearinghouse to any person or entity not directly involved in
determining an individual's qualifications to operate a commercial
motor vehicle.
* * * * *
PART 383--COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND
PENALTIES
0
14. The authority citation for part 383 is revised to read as follows:
Authority: 49 U.S.C. 521, 31136, 31301 et seq., 31502; secs.
214 and 215, Pub. L. 106-159, 113 Stat. 1748, 1766, 1767; sec.
1012(b), Pub. L. 107-56, 115 Stat. 272, 397 (49 U.S.C. 31305(a)(5));
sec. 4140, Pub. L. 109-59, 119 Stat. 1144, 1746; sec. 32934, Pub. L.
112-141, 126 Stat. 405, 830; secs. 5401 and 7208, Pub. L. 114-94,
129 Stat. 1312, 1546, 1593 (49 U.S.C. 31305(d)); and 49 CFR 1.87.
0
15. Amend Sec. 383.3 by revising paragraph (c) to read as follows:
Sec. 383.3 Applicability.
* * * * *
(c) Exception for certain military drivers. Each State must exempt
from the requirements of this part individuals who operate CMVs for
military purposes. This exception is applicable to active duty military
personnel; members of the military reserves; members of the national
guard on active duty, including personnel on full-time national guard
duty, personnel on part-time national guard training, and national
guard military technicians (civilians who are required to wear military
uniforms); and active duty U.S. Coast Guard personnel. This exception
is not applicable to U.S. Reserve technicians.
* * * * *
0
16. Amend Sec. 383.5 by revising the introductory text and paragraph
(1) of the definition of Commerce to read as follows:
Sec. 383.5 Definitions.
* * * * *
Commerce means:
(1) Any trade, traffic, or transportation within the jurisdiction
of the United States between a place in a State and a place outside of
such State, including a place outside of the United States; or
* * * * *
0
17. In Sec. 383.51, amend table 1 to Sec. 383.51 in paragraph (b) by
revising entry (6) to read as follows:
Sec. 383.51 Disqualification of drivers.
* * * * *
(b) * * *
Table 1 to Sec. 383.51
--------------------------------------------------------------------------------------------------------------------------------------------------------
For a first For a second
conviction or refusal conviction or refusal For a second
For a first conviction to be tested while to be tested in a conviction or refusal
or refusal to be For a first conviction operating a CMV separate incident of to be tested in a
tested while operating or refusal to be transporting any combination of separate incident of
a CMV, a person tested while operating hazardous materials offenses in this any combination of
If a driver operates a motor required to have a CLP a non-CMV, a CLP or as defined in Sec. Table while operating offenses in this
vehicle and is convicted of: or CDL and a CLP or CDL holder must be 383.5, a person a CMV, a person Table while operating
CDL holder must be disqualified from required to have a required to have a a non-CMV, a CLP or
disqualified from operating a CMV for * CLP or CDL and a CLP CLP or CDL and a CLP CDL holder must be
operating a CMV for * * * or CDL holder must be or CDL holder must be disqualified from
* * disqualified from disqualified from operating a CMV for *
operating a CMV for * operating a CMV for * * *
* * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
(6) Using the vehicle to commit a 1 year................ 1 year................ 3 years.............. Life................. Life.
felony, other than a felony
described in paragraph (b)(9) or
(10) of this table * * *.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
0
18. Amend Sec. 383.91 by revising figure 1 after paragraph (d) to read
as follows:
Sec. 383.91 Commercial motor vehicle groups.
* * * * *
(d) * * *
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PART 384--STATE COMPLIANCE WITH COMMERCIAL DRIVER'S LICENSE PROGRAM
0
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. 106-159, 113 Stat. 1753, 1767; sec. 32934, Pub. L. 112-
141, 126 Stat. 405, 830; secs. 5401 and 7208, Pub. L. 114-94, 129
Stat. 1312, 1546, 1593 (49 U.S.C. 31305(a)); and 49 CFR 1.87.
0
20. Revise Sec. 384.401 to read as follows:
Sec. 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. 104(b)(1) and (2) shall be withheld from a
State on the first day of the fiscal year following such State's first
year of noncompliance under this part.
(b) Following second and subsequent year(s) 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. 104(b)(1) and (2) shall be
withheld from a State on the first day of the fiscal year following
such State's second or subsequent year(s) of noncompliance under this
part.
PART 385--SAFETY FITNESS PROCEDURES
0
21. The authority citation for part 385 continues to read as follows:
Authority: 49 U.S.C. 113, 504, 521(b), 5105(d), 5109, 5113,
13901-13905, 13908, 31135, 31136, 31144, 31148, and 31502; Sec.
113(a), Pub. L. 103-311; Sec. 408, Pub. L. 104-88, 109 Stat. 803,
958; Sec. 350 of Pub. L. 107-87, 115 Stat. 833, 864; and 49 CFR
1.87.
0
22. In Sec. 385.3, amend the definition of Reviews by revising the
first sentence of paragraph (1) and paragraph (4) to read as follows:
Sec. 385.3 Definitions and acronyms.
* * * * *
Reviews. * * *
(1) Compliance review means an examination of motor carrier
operations, such as drivers' hours of service, maintenance and
inspection, driver qualification, commercial driver's license
requirements, financial responsibility, accidents, hazardous materials,
and other safety and transportation records to determine whether a
motor carrier meets the safety fitness standard in this part. * * *
* * * * *
(4) Roadability review means an examination of the intermodal
equipment provider's compliance with the applicable FMCSRs.
* * * * *
0
23. Add Sec. 385.21 to read as follows:
Sec. 385.21 Separation of functions.
(a) An Agency employee engaged in the performance of investigative,
advocacy, or prosecutorial functions in a proceeding under Sec.
385.15, Sec. 385.113, Sec. 385.327, Sec. 385.423, Sec. 385.711,
Sec. 385.911(e), Sec. 385.913(e), Sec. 385.1009(d), or Sec.
385.1011(d) 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.
0
24. Amend appendix B to part 385 in section VII by revising the entries
Sec. 383.37(a), Sec. 383.37(b), and Sec. 383.37(c) to read as
follows:
Appendix B to Part 385--Explanation of Safety Rating Process
* * * * *
VII. List of Acute and Critical Regulations
* * * * *
Sec. 383.37(a) 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).
Sec. 383.37(b) 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 lost the right to
operate a CMV in a State, or has been disqualified (acute).
Sec. 383.37(c) 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 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL
0
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. 103-311, 108
Stat. 1673, 1677; secs. 212 and 217, Pub. L. 106-159, 113 Stat.
1748, 1766, 1767; sec. 229, Pub. L. 106-159 (as added and
transferred by sec. 4115 and amended by secs. 4130-4132, Pub. L.
109-59, 119 Stat. 1144, 1726, 1743; sec. 4136, Pub. L. 109-59, 119
Stat. 1144, 1745; secs. 32101(d) and 32934, Pub. L. 112-141, 126
Stat. 405, 778, 830; sec. 2, Pub. L. 113-125, 128 Stat. 1388; secs.
5403, 5518, and 5524, Pub. L. 114-94, 129 Stat. 1312, 1548, 1558,
1560; sec. 2, Pub. L. 115-105, 131 Stat. 2263; and 49 CFR 1.81,
1.81a, 1.87.
0
26. Amend Sec. 390.5 as follows:
0
a. Lift the suspension of the section;
0
b. Revise paragraphs (2)(i) and (ii) of the definition of Covered farm
vehicle; and
0
c. Suspend Sec. 390.5 indefinitely.
The revision reads as follows:
Sec. 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
Sec. 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
Sec. 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.
* * * * *
0
27. Amend Sec. 390.5T by revising paragraphs (2)(i) and (ii) of the
definition of Covered farm vehicle to read as follows:
Sec. 390.5T Definitions.
* * * * *
Covered farm vehicle * * *
(2) * * *
(i) With a gross vehicle weight rating or gross combination weight
rating, or
[[Page 35643]]
gross vehicle weight or gross combination weight, whichever is greater,
of 26,001 pounds or less may utilize the exemptions in Sec. 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
Sec. 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.
* * * * *
PART 391--QUALIFICATIONS OF DRIVERS AND LONGER COMBINATION VEHICLE
(LCV) DRIVER INSTRUCTORS
0
28. The authority citation for part 391 continues to read as follows:
Authority: 49 U.S.C. 504, 508, 31133, 31136, 31149, 31502; sec.
4007(b), Pub. L. 102-240, 105 Stat. 1914, 2152; sec. 114, Pub. L.
103-311, 108 Stat. 1673, 1677; sec. 215, Pub. L. 106-159, 113 Stat.
1748, 1767; sec. 32934, Pub. L. 112-141, 126 Stat. 405, 830; secs.
5403 and 5524, Pub. L. 114-94, 129 Stat. 1312, 1548, 1560; sec. 2,
Pub. L. 115-105, 131 Stat. 2263; and 49 CFR 1.87.
0
29. Amend Sec. 391.41 by revising paragraphs (b)(2)(ii) and (b)(4),
(11), and (12) to read as follows:
Sec. 391.41 Physical qualifications for drivers.
* * * * *
(b) * * *
(2) * * *
(ii) An arm, foot, or leg which interferes with the ability to
perform normal tasks associated with operating a commercial motor
vehicle; or any other significant limb defect or limitation which
interferes with the ability to perform normal tasks associated with
operating a commercial motor vehicle; or has been granted a skill
performance evaluation certificate pursuant to Sec. 391.49;
* * * * *
(4) Has no current clinical diagnosis of myocardial infarction,
angina pectoris, coronary insufficiency, thrombosis, or any other
cardiovascular disease of a variety known to be accompanied by syncope,
dyspnea, collapse, or congestive cardiac failure;
* * * * *
(11) First perceives a forced whispered voice in the better ear at
not less than 5 feet with or without the use of a hearing aid or, if
tested by use of an audiometric device, does not have an average
hearing loss in the better ear greater than 40 decibels at 500 Hz,
1,000 Hz, and 2,000 Hz with or without a hearing aid when the
audiometric device is calibrated to American National Standard
(formerly ASA Standard) Z24.5--1951;
(12)(i) Does not use any drug or substance identified in 21 CFR
1308.11 Schedule I, an amphetamine, a narcotic, or other habit-forming
drug; or
(ii) Does not use any non-Schedule I drug or substance that is
identified in the other Schedules in 21 CFR part 1308 except when the
use is prescribed by a licensed medical practitioner, as defined in
Sec. 382.107 of this chapter, who is familiar with the driver's
medical history and has advised the driver that the substance will not
adversely affect the driver's ability to safely operate a commercial
motor vehicle; and
* * * * *
0
30. Amend Sec. 391.43 by revising paragraphs (e) and (g)(4) to read as
follows:
Sec. 391.43 Medical examination; certificate of physical examination.
* * * * *
(e) Any driver operating under a limited exemption authorized by
Sec. 391.64 shall furnish the medical examiner with a copy of the
annual medical findings of the ophthalmologist or optometrist, as
required under Sec. 391.64. If the medical examiner finds the driver
qualified under the limited exemption in Sec. 391.64, such fact shall
be noted on the Medical Examiner's Certificate.
* * * * *
(g) * * *
(4) Beginning December 22, 2015, if the medical examiner finds that
the determination of whether the person examined is physically
qualified to operate a commercial motor vehicle in accordance with
Sec. 391.41(b) should be delayed to receive additional information or
to conduct further examination in order for the medical examiner to
make such determination, he or she must inform the person examined that
the additional information must be provided or the further examination
completed within 45 days, and that the pending status of the
examination will be reported to FMCSA.
* * * * *
0
31. Effective September 7, 2021, further amend Sec. 391.43 by revising
paragraph (f) to read as follows:
Sec. 391.43 Medical examination; certificate of physical examination.
* * * * *
(f) The medical examination shall be performed, and its results
shall be recorded on the Medical Examination Report Form, MCSA-5875,
set out in this paragraph (f):
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* * * * *
0
32. Amend Sec. 391.64 by revising the section heading to read as
follows:
Sec. 391.64 Grandfathering for certain drivers who participated in a
vision waiver study program.
* * * * *
Issued under authority delegated in 49 CFR 1.87.
Meera Joshi,
Deputy Administrator.
[FR Doc. 2021-13888 Filed 7-6-21; 8:45 am]
BILLING CODE 4910-EX-C