General Technical, Organizational, Conforming, and Correcting Amendments to the Federal Motor Carrier Safety Regulations

Published date07 July 2021
Record Number2021-13888
SectionRules and Regulations
CourtFederal Motor Carrier Safety Administration
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0.361, 1.3, the petition for
reconsideration filed by Sorenson
Communications, LLC, is granted in
part and dismissed in part.
List of Subjects in 47 CFR Part 64
Incorporation by reference,
Individuals with disabilities,
Telecommunications,
Telecommunications relay services.
Federal Communications Commission.
Gregory Haledjian,
Legal Advisor, Consumer and Governmental
Affairs Bureau.
Final Rules
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]
BILLING CODE 6712–01–P
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; nicholas.warren@
dot.gov.
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
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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)).
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 § 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
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.
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 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
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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 § 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 self-
employed) 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, 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
§ 382.701(d) to §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
§ 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
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 Disqualification of
Drivers
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 Commercial Motor
Vehicle Groups
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.
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).’’
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
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 § 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.
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).
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
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.
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
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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.
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
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:
§ 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).
* * * * *
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:
§ 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:
§ 381.300 What is an exemption?
* * * * *
(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.
§ 382.103 [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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§ 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).
* * * * *
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
violation information, under this
section.
* * * * *
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.
15. Amend § 383.3 by revising
paragraph (c) to read as follows:
§ 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.
* * * * *
16. Amend § 383.5 by revising the
introductory text and paragraph (1) of
the definition of Commerce to read as
follows:
§ 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
* * * * *
17. In § 383.51, amend table 1 to
§ 383.51 in paragraph (b) by revising
entry (6) to read as follows:
§ 383.51 Disqualification of drivers.
* * * * *
(b) * * *
T
ABLE
1
TO
§ 383.51
If a driver operates a motor vehicle
and is convicted of:
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
***
For a first conviction or
refusal to be tested
while operating a non-
CMV, 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 non-
CMV, a CLP or CDL
holder must be
disqualified from
operating a CMV for
***
*******
(6) Using the vehicle to commit a
felony, other than a felony de-
scribed in paragraph (b)(9) or
(10) of this table * * *.
1 year .......................... 1 year .......................... 3 years ........................ Life ............................... Life.
*******
* * * * *
18. Amend § 383.91 by revising figure
1 after paragraph (d) to read as follows:
§ 383.91 Commercial motor vehicle
groups.
* * * * *
(d) * * *
BILLING CODE 4910–EX–P
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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: •oescriptlon:
A
Any
combination
of
vehfcfes
With
a
GCWR
of 26,001 or more pounds
B
C
lt
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
._...
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:
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.
1622
35642
Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Rules and Regulations
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.
* * * * *
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.
* * * * *
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
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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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 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 § 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:
§ 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 #
SE.CDON
1,
DrlVC!r
1nfor11talion
(robe#fiec/Of./t
bythe
cmver)
(or
sticker}
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
USDOT
IFMCSAm,!<lka
l
certificate
eve;
Q'een
den.led
or
issu.ed
f¢r
le$Stha.n
i years?
0Yes
O
No
O
Not.Sure
DRIVER HEALTH HISTORY
Have1ou
ever
had
surgery?
ff',:es:
!!lease
list
and
explain belqw;
OY~
ONQ
()Not.Sure
Are
you
currently taking medications
/prescription,aver-the-coilhter,herbal
remedies,
diet
supplements)?
QYes
QNo
QNotSure
lf"yes,'please descrioobelow.
(Attach
additional
sheet,if:necessary)
**"fhiS
<l?"CUmeht
c9nta1ns·
sen~idve
jrfform~tlon-.irid
is.
for
officicJI
use
bnl}';
lm:proper
ha
Qdling
of
this
tnforlriation
CO_uld
Flegath(ely:~ffectindividuats.
Handle
ari<fsecure
this
information
appropriatelytoprevent
lnadvertent<lisclosure
by:
keeping
the
documents
underthemntrolofauthorized
persons.
Properly
dispose·ofthis<locwentwhen
il'O-long·er
retjulted'to
be
maintained
by
regulatory
requlremeiits.H
ReV6/11/20
Page
T
35645
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1633
Fann
l'/fCsiv.;a~s
I Lastillame:
__________
_
Firs<Name:
____
~---
DRiVER HEALTH HISTORY
Doyoil
h•~«
ftave
you
<l!l(elhiid:
l.
Hea<l/b@inliijutiei,
pr
illll!'SS'lS[<:';g:,
toficu~sR:til)
2.
Seizurestepllepsy
3.
Eye
problems
(excer,tgiassl!S
orcontaas)
4.
Ear
and/or hearing
problems
s.
Heart
d1$ease,
heart
art
tack,
byp~s!l;
or
<\th
et
heart
Pct®lems
6.
Pacemaker,stents, impla'ntabledevices, or other
heart
proc:edutes
7:
High
bloodpressure
8'.
High
cholesterol
9.'Chronl):
{long-t.ormJcough;
s11ortness.of
b
tea
th,
'Ot
other breathing problems
to,
L!Jng
disease
,e:q.,
asthma)
11.
Kidney
problems,
kidneystones;or pain/problems
Withurinatlc;,n
12,
Storna-c;h,
li.ver,
or
digestive
problems
13.
Diabetesqrblood.sugarproblems
Jnsulinusecl
14.
Ahxlety,
depression,
nervousnest'°tnet
mental
nea:ith
prol:!lems
15:
Faihtiligtlr
passing
out
Othefliea_lth·co.hditioti.(sl
r\otdescribedabove:
00
0
000
000
000
00
0
0 0 0
000
000
000
oo
a
000
000
00
0
000
000
000
i
6.
tilziine~
headaches,.num
bness,
tingling,
or
memory
lOss
.
T7.
Unexplafo-ed
VW!ight
loss
H1:
Stroke,
mini-stroke(flA), paralysis,orweakness
19.
Missing
Qr
limited
useef
ium,
hand,
finger,,
leg,foot;
tqe
20.
Neck
or
l:>l!~l<.prob.lems
21..
Booe,
muscle,
jt>int,
or
henie
ptObleros.
2~:
Blood
tlotsqrbleeding
prolilems
23,Canter
24.
Chronic:
(long-term)
infection
of
other
chronic
di$eases
25",
Sleepdiml'del'.i1,pau,e,;
in
breatfiliig.whlleasleep;
daytitnesleapfness, loudsnoring
•26.
Have
you
e~rhad
a tleeptest
/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?
Not
Veil
No•
J;ure
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 0
b 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 a 0
Did.y<;iu
anS\iifli!r'yes"
to
any:of
questions 1 ·3?? lf',o.
pi
ease
i::om
ment
further
on
#mse health conditions
below:
OY•s·
0No
ONotSure
CMV
DRIVERS SIGNATURE
f
certify
that
the
abovelnfurmation
is.accurate
and complete: r understand
thatcinaccurate,
false
or
missin-gfnformation
mayJnvallifate
the.examination
a.nd
my
Medi~al
Exattrilrier's
Certffic::,ate,Jhatsu
bml~siOli
of fra<idulent or
intentior\atlyJalse
friformat\011
is~
violatiqn
of,42
CER"9Q,)!5._
an<!thatsybmission
of
fraudulent
or
lntE!ntlonatlyfalseinformation mi,y
sobjeameto
civil or
criminal
penaltiE!S
under
4!tCfll390.lt2'
and~AppendicE!S
A and
B.
Driver!; Signature:
Date:
SECTI0N2.ExaminatlonRepo,t {to
be
/j//ed
out
liythe
meifitalexaminer)
DRIVER HEALTH HISTORY REVIEW
Review
and
discuss
pertinent
driver
answers
and
any
available.medical
records.
Commenton
the
drivers
responses
to.the
'health
history'
questions
that
may
affect
the
drivers.safe
ogeration
ota
commercial
motor
vehicle
(CMV}.
(Attach
aiiditionalsheet,
ifi',etessi1ry)
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1634
I
l.a'St
l\la)ne:
-------~---
FirstName:
---~----
OOS:
_____
~_
ExamDate:
_______
j
TESTING
Sittill9
S:ecohd
reai:ling
(optional)
othertes~ing
1f
il'ldlca,ed
Vililoti
Systolic:
Standi:Ird1sail~ast<20/40acuity
/5nellen).ineacheyewlth
0
orwithootcorrectiM
i;tleast7QP/ielifof
visitsn
ilJ
/:rbr/Z.IJnta~me,iclian
measu/ed.ini.,a.th;eye.
The
user;,(
r;orrectiveknses
should
be
notedon
the
Medical
/?xaminei:'s.
Certificate.
Acutty-
Uhcomected
Right
Eye:
20/
__
haft
Ey~
201_.
-
SothEyesc:
lQ/
__
Corrected
10)
__
20/
__
20/
__
Horizontal
Freid
ofVision
]light
Eye::
__
d8Qti!es
LeffEye:
__
degrees
Appllcantcan
recognl:ze
and
distlrfgulsh
amongtraffkcontro!
signals and
devlce,sshowing
red,
green,
and
amber
cqlor~
Yes
11,10
00
Mona<.;ular
v:fslpn
Referred
loophthallt!Ol<)Sist
oroptometrist?
llaceived
documentatfonfrom .ophthalmologist oroptometrist'i
PHYSICAL
EXAMINATION
00
00
00
Urinalysis
is
requlnad.
Numetical
~dif(g$
must
be recqrded.
Pro:teln
!JI@
Protein,
blood,
orsu'ffelri/1
tlie
urine
may
be
art
iH!/ieatiO(I.fQrliJrthertest/ng
to
rule
rot
anyundeliyinv
medicafp(Oo/em.
flearlng
SiandardiMilsttirstperceive
whlspereitvo/ceat
nottessthan
SfeetCIR
averqge
/rearing
loss
ofless,han
or
equ·alt041)d
8,
ilJbettet
ecrr
fw/tl!
orwitnrut
hearillg
a.id),
Chec!<ifhearlngaiduseclfortest: OF!ight>Ear
[]
l..eftEa, 0 Neither
Wf!ispetl'.utReiiults
Right
Ear
~eftEar
lleco~
.dist11nc<1
(inJe~}
frg,:n
dri~
atwhkh
a
for<;eq
whil,pered
voice
can
first'beheattl
OR
:Aui!lolbetri~Testlleslllts
Right
Eat:
SOOHz
iOOOHz
iOOOHz
Average
(right):
_____
_
~eftl;at;
S:OOH~
lllQO:Hz
'.2000
Hz
Average
(li!ft):
_____
_
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.
Body
swtei!I
1.General
2,Skin
3.Eyes
4.l;?IS
S:.M'outh/throat
6.
tardlovas<:ular
7.Lungs/chest
Normal
0
0
8
0
0
0
Al:inoritial
0
0
0
0
0
0
0
i!.Alldomen
Qc.
Genifo-urlnarysystem inducllng
hernias:
10..
Batl<{sptne
11.
Extrem
itieslj<:iint~
12,
N~urologlcal
system
Including
reflexes
tl.Gait
14.
Vi!SCU
Tar
system
Discuss
any
abnormal
answers
in
detailin
thespace
below
and
indicate
whether
it
wou!daffet:t
the
drivers
ability
to
operate
a
CM\,'.
Enterapplicableiteir)
number
befofe:each
comment.
Nc,:rrnal
0
0
0
0
0
0
0
Af:ihorm~I
0
0
0
0
0
0
0
(Attach
additional
sheets
if
necessary)
Page3
35647
Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Rules and Regulations
VerDate Sep<11>2014 15:58 Jul 06, 2021 Jkt 253001 PO 00000 Frm 00053 Fmt 4700 Sfmt 4725 E:\FR\FM\07JYR1.SGM 07JYR1
ER07JY21.080</GPH>
khammond on DSKJM1Z7X2PROD with RULES
1635
Fonl\llltSA'587S
I
Last'Name,
__________
_
DOil:
_______
.
Examl'late:
_______
,
MEDICAL
EXAMINER
DETERMINATION
(Federal)
&tlf~sectii:mforemmin1,1titmspeffermetl
in-<mf.<mee.wlih
di~f?derJ;Jfld<>ror.Cqll'ier~.~11/Qtilms
(4.,
CFJl39:,.4l-39:tAIJJ:
0
Does
n~rne!itstanl:!aids
ts,:,iecifyfeqsM)~
---------------------------------
0:Meets
standard
ii
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
(specifytype
1
:
---------~
D Accorn~nied.by
a.
!i~ill
i>elfo.rmance
EvaJuatlott
(SPE)
Certificate
D
Qualified
byopefirtion
of49
CFR~91.64
Wed
era
I);
[]
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!llcaJ
Exallll~r\
C.rllilca~
¥Sl;it111I
In49€1'1l:391.43!11),ll$approprrate.
I ha~ perforrnedthisevafuationtortettilication. I
have
personali)'
reviewedaffa~ilabler~ord,rand recorded
inf0t1ttatlon
pertaining toth\s
evaluation,
an.d
attest that;
to
the best .ofmy
knqwfE!dge,.1
believe
it
to
be true and
.correct.
Medtc~LExamlrier'sSignature:
___________________
_
MedlcafExaminer's
Name(j,teaseprinrort)lpe):
___________________
_
Medical
ExarnirH!r's.Address:
_______________
City:
________
.State:
___
. lii:rCoder
___
_
M.E!!:!icalExamin.er'sTefephoneNumber:.
DateCertifi.~a~Si911ed:.
--------------
Medlcaf
l:xamlner'sSta~li~nse,C~tificate,or Registra,ron
lllurnber:
_________________
Issuing
State:.
___
..
D
MP
[j
D!2l
DPhyskian
Ai,sittartt
Dthlroprattilr
D
Advan,:E!d
PractjceNur~
Dothet
Pr.i~it'itlrWJspecilj,J;
-----------~------
l\lationa)ReglstryNumber::
___________
_
]./v!edlcaf
Examlners
Certlficate
Expiration
Date:
l 1 I
Page4
35648
Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Rules and Regulations
VerDate Sep<11>2014 15:58 Jul 06, 2021 Jkt 253001 PO 00000 Frm 00054 Fmt 4700 Sfmt 4725 E:\FR\FM\07JYR1.SGM 07JYR1
ER07JY21.081</GPH>
khammond on DSKJM1Z7X2PROD with RULES
1636
Fonn:MCSJ!iSJ75
MEDICAL
EXAMINER DETERMINATION (State)
1Jsiitnislse'<!t1otln>tmmtitllitkrms~iidin
QCl/<l~wifhtflekdem!Mllt<ttC/ilriet5afety,Jilefl/iJk1tii:ms·(JJ9CFRl!l:i,ifl:391.4@Jwlt1taeyappl'Jtiibfe~ate
vwkma,
CWhicl:iwlllon!,b~
m/';d
fi;irlnfraftll!Jf!.~~
0
boes
notmeetstandards
in49
url!S9l.41with
anyaJ)plicable
Statevariantes(speeilyteasbnJ:
________________
_
0M~sstant{q.J:dsin.4S!J;;FR
391,4:t.witfi
any
appltcal,le.St;tt~varlaoces
QM~ssi.an<iardS;.butpetloorcll)tinit<>rihtr~uired(specifyferi,Qfi1:
____
~--------------------
Dtiver
Cfl,l<11ifietl.f9i=
03
month$
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;
.---------------
City:
_______
~
State:
___
liptQdi!=
___
_
MedicafExamlner'sTeleph:ooe:Nurnber,:
___________
_ 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
35649
Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Rules and Regulations
VerDate Sep<11>2014 15:58 Jul 06, 2021 Jkt 253001 PO 00000 Frm 00055 Fmt 4700 Sfmt 4725 E:\FR\FM\07JYR1.SGM 07JYR1
ER07JY21.082</GPH>
khammond on DSKJM1Z7X2PROD with RULES
lnstru<don<MCSA-S1175
lnslrU<:tions
for
Completing
the
Medital
EJ<a:mimttion
J{eport Form {MCSA~S875)
I. Step-By-s~p
Instructions
Driver:
Section
1: Driver Information
1637
Personal
lnforrnatic,n:
Please
complete
this
section
using
your
name
as
written
on
your
driver's
license,
your
current
address
and
phone
number,
your
date
of
birth,
age,.driver's
license
number
and
issuing
state.
0.
CLP/COL
Applicant/Holder.
Check
uyes"if
you
are
a commerdal
learner's
perm(t(CLP)
or
commercial
driver's
ticense{CDL)
holder,or
are
applying
for
a
CLP
or
CDL
CDL
means
a
license
issuedby a
State
or
the District
of
Columbia
which
authorizes
the individual to
operate
a
class
of a
commercial
motor
vehicl.e
(CI\IIV).
A CMVthat
requires
a
<::DL
is
one
that:
(1)
has
a
gross
combination weight rating or
gross
comblnationweight of26,00l
pounds
or
more
inclusive
of a
towed
unit with a
gross
vehicle
weight rating (GVWR) or
gross
vehicle weight {GVW).of more than
10,000
pounds;or
{2)has
a
GVWR
c:,r
(.VW
of
26,001
pounds or
more;
or
(3)
is
designed
to transport
16
or
more
passengers,
including
the driver; or
(4J
is
used
to transport either
hazardous
materials
requiring
hazardous
materials.
placards
on
the
vehicle
or
any
quantity
ofa
selectagent
or
toxin.
0 Driver ID Verified
By;
The
Medical
Examiner/staff
completes.
this
item
and
notes
the type of photo
10
used
to
verify the
driver's
identity
such
as,
commercial
driver's
license,
driver's
license,
or
passport,
etc.
0.
Has
your
tJSDOT/FIVICSA
medical
certificate
ever
been
denied or
Issued
for
less
than
two
,-rs?
Please
check
the
correct box
"yes"
or
"no"
and
if
you
aren't
sure
check
the
•not
sureirbox;
Driver
Health
History:
o
Have
you
ever
had
surgery:
Please~heck.
0
yes
0ifyou
have
ever:
ha<l
surgery
and provide a written
explanation
of
the details (type
of
surgery,
date of
surgery,
etc.)
0. Areyou:urrentty taking
medications
(prescription,
over-the-counter,
herbal
remedies,
diet
supplements}:
Pleasecheck"yes"
if
you.are
taking
any
diet
supplements,
herbal
remedies,
or
prescription
or
overthe counter
medications.
In
the
box
below the question, indicate the
name
of
the medication
and
the
dosage.
0 #1-32:
Please
.complete
this
section
by
checking
the
"yes"
box
to
indicate
that
you
have,
or
have
ever
had,
the
health condition
listed
or
the "No'' box if
you
have
not.
Check
the
"not
sure"
box
if
you
are
unsure.
0 Other Health
Conditions
not
described
above:
If
you
have,.or
havehad,ahy other health condi-
tions not listed
in
the
section
above,
check"Yes"and
in
the
box provided
and
listthosecondition(s}.
0
Any
yes
answers
to
questions
#1-32
above:
If
you
have
answered
"yes"
to
any
of
the questions
fn
the Driver
Health
History !iection
above,
please
explain your
answers
further
in
the box below the
question,
For
example,
if
you
answered
•yes"
to question
#5
regarding heart
disease,
heart
attack;
bypass,
or other heart problem, indicate which type ofheartcond!tion. If you
checked
•yes"
to
.question
#23.
regarding
cancer,
indicate the
typ.e
of
cancer.
Please
add
any
Information that will be
helpful
to
the
Medical
Examiner.
CMV
Driver
Signature
and
Date:
Please
read
the certification statement,
sign
and
date it, indicating
that the information
you
provided
in
Section
1
is
accurate
and
complete.
Page6
35650
Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Rules and Regulations
VerDate Sep<11>2014 15:58 Jul 06, 2021 Jkt 253001 PO 00000 Frm 00056 Fmt 4700 Sfmt 4725 E:\FR\FM\07JYR1.SGM 07JYR1
ER07JY21.083</GPH>
khammond on DSKJM1Z7X2PROD with RULES
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.
I
11
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
a driver
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
Pulse
rate
and
rhythm,
height,
and
weight:
record
these
as
indicated on
the
form.
0
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:
o
Urinalysis:recordthe
numerical
readingsfortbe
specific
gravity,
protein; blood.and
sugar,
0
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
0
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
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.
0
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.
Page7
35651
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ER07JY21.084</GPH>
khammond on DSKJM1Z7X2PROD with RULES
1639
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.
-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.).
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.
-
MER
amended:
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.
0
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.
0
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.
0
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
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.
0
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.
35652
Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Rules and Regulations
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lnstnrcllon<MCSA-5~7S
0 Meetntandards, but
petfodic
monitoring
Is
required:
Selectthis option
when
a
driver
is
deter-
mined
to be
qualified
but needs
periodic
monitoring
and
provide
an
explanation ofwhy
periodic
monitoring
is
required.
Select
the corresponding time
frame
that the
driver
is
qualified
for,
and
if
selecting
"other"
specify
the
time
frame.
-
Determination
that driver
meets
standards:
Select
all
categoriE!$
that apply to the
driver's
certification
(e.g.,
wearing
corrective
lenses,
accompanied by a waiver/exemption,etc.).
1640
0 Medkal
Examiner
Information,
signature
and
date:Provide
your
name,
address, phone
number,
occupation,
license,.cettificate,
or
registration
number and
issuing
state,.
national
registry
number,
signature.and date.
0
Medical
Examiner's
Certificate
Expiration
Date:
Enter
the date the
driver's
1\l'ledlcal
Examiner's
Certificate
(MEC)
expires;
II.
If
updating
an
existing
exam,
you
must
resubmftthe
new
exam
results,
via
the.Medical
Examination
Resu
Its
Form,
MCSA-5850,
to
the
National
Registry,
and
the
most
recent
dated
exam
wlll
take
precedence.
m.
To
obtain
additional
Information
regarding
this
form
goto
the
Medical
Program's
page
on
the
Federal
Motor
carrier
Safety
Af,lmlnistratlon'swebstte
at
tittp:llwww.fmCSA,dot,90v/r19g1atJonstmedkal~
Page9
35653
Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Rules and Regulations
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).
* * * * *
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
50 CFR Part 300
[Docket No. 210629–0138]
RIN 0648–BG66
International Fisheries; Western and
Central Pacific Fisheries for Highly
Migratory Species; Requirements To
Safeguard Fishery Observers
AGENCY
: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION
: Final rule.
SUMMARY
: 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
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.
SUPPLEMENTARY INFORMATION
:
Background
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
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-and-
central-pacific-longline-and-purse-
seine-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,
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