Federal Register / Vol. 86, No. 117 / Tuesday, June 22, 2021 / Rules and Regulations 32643 

(5) The Product Management Division 

(‘‘PMD’’) advises on business process 

integration and improvements in 

connection with technology initiatives 

affecting the Copyright Office. It 

coordinates business activities, 

including resource planning, 

stakeholder engagement activities, and 

project management. The PMD oversees 

the Office’s data management, 

performance statistics, and business 

intelligence capabilities. 

(c) * * * The Office of the General 

Counsel also supervises the Copyright 

Claims Board (‘‘CCB’’) as it discharges 

its statutory mandate. 

(1) The CCB is a voluntary, alternative 

forum to Federal court for parties to 

seek resolution of copyright disputes 

that have a low economic value. The 

CCB is headed by three Copyright 

Claims Officers who ensure that claims 

are properly asserted and appropriate 

for resolution; manage proceedings; 

render determinations and award 

monetary relief; provide public 

information; certify and maintain CCB 

records, including making proceeding 

records publicly available; and other 

related duties. 

(2) [Reserved] 

* * * * * 

(f) * * * This Office is comprised of 

two sections: The Public Information 

Office and the Outreach and Education 

section. 

(g) * * * It contains three divisions: 

Recordation; Records Management; and 

Records, Research and Certification. 

* * * 

* * * * * 

PART 210—COMPULSORY LICENSE 

FOR MAKING AND DISTRIBUTING 

PHYSICAL AND DIGITAL 

PHONORECORDS OF NONDRAMATIC 

MUSICAL WORKS 

■ 18. The authority citation for part 210 

continues to read as follows: 

Authority: 17 U.S.C. 115, 702. 

§ 210.6 [Amended] 

■ 19. Amend § 210.6(g)(4)(i) by 

removing ‘‘Licensing Division’’ and 

adding in its place ‘‘Licensing Section’’. 

§ 210.7 [Amended] 

■ 20. Amend § 210.7(g)(5)(i) by 

removing ‘‘Licensing Division’’ and 

adding in its place ‘‘Licensing Section’’. 

PART 370—NOTICE AND 

RECORDKEEPING REQUIREMENTS 

FOR STATUTORY LICENSES 

■ 21. The authority citation for part 370 

continues to read as follows: 

Authority: 17 U.S.C. 112(e)(4), 114(f)(3)(A). 

§ 370.2 [Amended] 

■ 22. Amend § 370.2 by removing 

‘‘Licensing Division’’ from each place it 

appears and adding in its place 

‘‘Licensing Section’’. 

§ 370.3 [Amended] 

■ 23. Amend § 370.3(b) by removing 

‘‘Licensing Division’’ and adding in its 

place ‘‘Licensing Section’’. 

§ 370.4 [Amended] 

■ 24. Amend § 370.4(c) by removing 

‘‘Licensing Division’’ and adding in its 

place ‘‘Licensing Section’’. 

§ 370.5 [Amended] 

■ 25. Amend § 370.5 by removing 

‘‘Licensing Division’’ from each place it 

appears and adding in its place 

‘‘Licensing Section’’. 

Dated: June 8, 2021. 

Shira Perlmutter, 

Register of Copyrights and Director of the 

U.S. Copyright Office. 

Approved by: 

Carla Hayden, 

Librarian of Congress. 

[FR Doc. 2021–12939 Filed 6–21–21; 8:45 am] 

BILLING CODE 1410–30–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Parts 383, 384, and 391 

[Docket No. FMCSA–2018–0152] 

RIN 2126–AC18 

Extension of Compliance Dates for 

Medical Examiner’s Certification 

Integration 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: FMCSA amends its 

regulations to extend the compliance 

date from June 22, 2021, to June 23, 

2025, for several provisions of its April 

23, 2015, Medical Examiner’s 

Certification Integration final rule. 

FMCSA issued an interim final rule 

(IFR) on June 21, 2018, extending the 

compliance date for these provisions 

until June 22, 2021. FMCSA published 

a supplemental notice of proposed 

rulemaking (SNPRM) on April 22, 2021, 

that proposed further extending the 

compliance date to June 23, 2025. This 

final rule will provide FMCSA time to 

complete certain information 

technology (IT) system development 

tasks for its National Registry of 

Certified Medical Examiners (National 

Registry) and to provide the State 

Driver’s Licensing Agencies (SDLAs) 

sufficient time to make the necessary IT 

programming changes when the new 

National Registry system is completed 

and available. 

DATES: This final rule is effective June 

22, 2021. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Christine A. Hydock, Chief, Medical 

Programs Division, Federal Motor 

Carrier Safety Administration, 1200 

New Jersey Avenue SE, Washington, DC 

20590–0001, (202) 366–4001, 

fmcsamedical@dot.gov. If you have 

questions on viewing or submitting 

material to the docket, contact Dockets 

Operations, (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

FMCSA organizes this final rule as 

follows: 

I. Availability of Rulemaking Documents 

II. Executive Summary 

III. Legal Basis 

A. Authority Over Drivers Affected; Drivers 

Required To Obtain a Medical 

Examiner’s Certificate (MEC) 

B. Authority To Regulate State CDL 

Programs 

C. Authority To Require Reporting by MEs 

IV. Background 

V. Discussion of Proposed Rulemaking and 

Comments 

A. Background and Proposed Rulemaking 

B. Comments and Responses 

V. Good Cause Exists 

VII. International Impacts 

VIII. Changes From the SNPRM 

IX. Section-By-Section Analysis 

X. Regulatory Analyses 

A. E.O. 12866 (Regulatory Planning and 

Review), E.O. 13563 (Improving 

Regulation and Regulatory Review), and 

DOT Regulatory Policies and Procedures 

B. Congressional Review Act 

C. Regulatory Flexibility Act (Small 

Entities) 

D. Assistance for Small Entities 

E. Unfunded Mandates Reform Act of 1995 

F. Paperwork Reduction Act (Collection of 

Information) 

G. E.O. 13132 (Federalism) 

H. Privacy 

I. E.O. 13175 (Indian Tribal Governments) 

J. National Environmental Policy Act of 

1969 

I. Availability of Rulemaking 

Documents 

To view any documents mentioned as 

being available in the docket, go to 

https://www.regulations.gov/docket/ 

FMCSA-2018-0152/document and 

choose the document to review. To view 

comments, click this final rule, and 

click ‘‘Browse Comments.’’ If you do not 

have access to the internet, you may 

view the docket online by visiting 

Dockets Operations in Room W12–140, 


lotter on DSK11XQN23PROD with RULES1
32644 Federal Register / Vol. 86, No. 117 / Tuesday, June 22, 2021 / Rules and Regulations 

1See 49 CFR 390.3(f) and 391.2. 

2The provisions of section 31149(c)(1)(E) have 

been amended by section 32302(c)(1)(A) of Moving 

Ahead for Progress in the 21st Century, Public Law 

112–141, 126 Stat. 405 (July 6, 2012). 

1200 New Jersey Avenue SE, 

Washington, DC 20590–0001, between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. To be 

sure someone is there to help you, 

please call (202) 366–9317 or (202) 366– 

9826 before visiting Dockets Operations. 

II. Executive Summary 

FMCSA adjusts the compliance date 

from June 22, 2021, to June 23, 2025, for 

several provisions in the Medical 

Examiner’s Certification Integration 

final rule (80 FR 22790, Apr. 23, 2015). 

Specifically, the Agency postpones to 

June 23, 2025, the provisions for: (1) 

FMCSA to electronically transmit, from 

the National Registry to the SDLAs, 

driver identification information, 

examination results, and restriction 

information from examinations 

performed for holders of commercial 

learner’s permits (CLPs) or commercial 

driver’s licenses (CDLs) (interstate and 

intrastate); (2) FMCSA to electronically 

transmit to the SDLAs medical variance 

information for all commercial motor 

vehicle (CMV) drivers; (3) SDLAs to 

post on the Commercial Driver’s License 

Information System (CDLIS) driver 

record the driver identification, 

examination results, and restriction 

information received electronically from 

FMCSA; and (4) motor carriers to no 

longer be required to verify that CLP/ 

CDL drivers were certified by a certified 

medical examiner (ME) listed on the 

National Registry. 

The compliance date for these 

provisions was postponed previously 

from June 22, 2018, to June 22, 2021, by 

an interim final rule (83 FR 28774). This 

final rule specifies that FMCSA now 

amends again the regulations adopted in 

the 2015 final rule and amended in the 

IFR to include a compliance date, 

generally, of June 23, 2025. 

III. Legal Basis for the Rulemaking 

The legal basis of the 2015 final rule, 

set out at 80 FR 22791–22792, serves as 

the legal basis for this rule. Brief 

summaries of the relevant legal bases for 

the actions taken in this rulemaking are 

set out below. 

A. Authority Over Drivers Affected; 

Drivers Required To Obtain a Medical 

Examiner’s Certificate (MEC) 

FMCSA is required by statute to 

establish standards for the physical 

qualifications of drivers who operate 

CMVs in interstate commerce for nonexcepted industries (49 U.S.C. 

31136(a)(3) and 31502(b)). Subject to 

certain limited exceptions,1 FMCSA has 

fulfilled the statutory mandate by 

establishing physical qualification 

standards for all drivers covered by 

these provisions (49 CFR 391.11(b)(4)). 

Such drivers must obtain, from an ME, 

a certification indicating that the driver 

is physically qualified to drive a CMV 

(49 CFR 391.41(a), 391.43(g) and (h)). 

FMCSA is also required to ensure that 

the operation of a CMV does not have 

a deleterious effect on the physical 

condition of drivers (49 U.S.C. 

31136(a)(4)). 

Drivers Required To Obtain a CDL 

The authority for FMCSA to require 

an operator of a CMV to obtain a CDL 

is based on 49 U.S.C. 31302, and the 

authority to set minimum standards for 

the testing and fitness of such operators 

rests on 49 U.S.C. 31305. 

B. Authority To Regulate State CDL 

Programs 

Under 49 U.S.C. 31311 and 31314, 

FMCSA has authority to prescribe 

procedures and requirements the States 

must follow when issuing CDLs (see, 

generally, 49 CFR parts 383 and 384). In 

particular, under section 31314, in order 

to avoid loss of certain Federal-aid 

highway funds otherwise apportioned 

under 23 U.S.C. 104(b), each State must 

comply with the requirement in 49 

U.S.C. 31311(a)(1) to adopt and carry 

out a program for testing and ensuring 

the fitness of individuals to operate 

CMVs consistent with the minimum 

standards prescribed by FMCSA under 

49 U.S.C. 31305(a) (see also 49 CFR 

384.201). 

C. Authority To Require Reporting by 

MEs 

FMCSA has authority under 49 U.S.C. 

31133(a)(8) and 31149(c)(1)(E) to require 

MEs on the National Registry to obtain 

information from CMV drivers regarding 

their physical health, to record and 

retain the results of the physical 

examinations of CMV drivers, and to 

require frequent reporting of the 

information contained on the MECs they 

issue. Section 31133(a)(8) gives the 

Agency broad administrative powers 

(specifically ‘‘to prescribe recordkeeping 

and reporting requirements’’) to assist in 

ensuring motor carrier safety and driver 

health (Sen. Report No. 98–424 at 9 

(May 2, 1984)). Section 31149(c)(1)(E) 

authorizes a requirement for electronic 

reporting of certain specific information 

by MEs, including applicant names and 

numerical identifiers as determined by 

the FMCSA Administrator. Section 

31149(c)(1)(E) sets minimum monthly 

reporting requirements for MEs and 

does not preclude the exercise by the 

Agency of its broad authority under 

section 31133(a)(8) to require more 

frequent and more inclusive reports.2 In 

addition to the general rulemaking 

authority in 49 U.S.C. 31136(a), the 

Secretary of Transportation is 

specifically authorized by section 

31149(e) to ‘‘issue such regulations as 

may be necessary to carry out this 

section.’’ 

Authority to implement these various 

statutory provisions has been delegated 

to the Administrator of FMCSA (49 CFR 

1.87(f)). 

IV. Background 

This final rule follows an SNPRM 

published on April 22, 2021 (86 FR 

21259). The SNPRM relied upon the 

history of the regulations that FMCSA 

adopted in 2015 and the developments 

leading to the 2018 interim final rule (83 

FR at 28776). The Agency also stated 

that it might further amend the 

provisions amended by the interim final 

rule (83 FR at 28777). Since issuing the 

2015 final rule, there have been ongoing 

challenges associated with launching a 

new National Registry system. Among 

those challenges was an unsuccessful 

attempt by an intruder to compromise 

the National Registry in December 2017. 

Although no personal information was 

exposed, FMCSA took the National 

Registry system offline until mid-2018 

to ensure it was secure. This action and 

other related actions affected the 

schedule for implementing the 

provisions of the 2015 final rule, 

resulting in the postponement of the 

compliance date by the 2018 IFR. 

Since the 2018 IFR’s publication, 

additional setbacks in FMCSA’s efforts 

to launch a National Registry 

replacement system require an 

additional delay. The Agency attempted 

to launch the first stage of a replacement 

system in May 2019 but the system’s 

performance capabilities fell short of 

those needed to implement the 2015 

final rule. After a detailed analysis of 

the functional requirements, the Agency 

issued a request for proposals to obtain 

the services of a new contractor and 

selected a vendor in December 2020 to 

develop a replacement system by early 

2022. The work includes delivery of 

technical specifications to the SDLAs 

for use in implementing changes to their 

respective systems. 

FMCSA anticipates that the SDLAs 

will need up to 3 years following the 

completion and release of the new 

National Registry system and its 

technical specifications to develop and 

implement those changes. This was the 


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Federal Register / Vol. 86, No. 117 / Tuesday, June 22, 2021 / Rules and Regulations 32645 

same amount of time allowed for this 

activity in the 2015 final rule and the 

2018 IFR. 

V. Discussion of Proposed Rulemaking 

and Comments 

A. Background and Proposed 

Rulemaking 

The SNPRM proposed delaying the 

compliance date through June 22, 2025, 

specifically proposing that: 

• Certified MEs continue issuing 

MECs to qualified CLP/CDL applicants/ 

holders; 

• CLP/CDL applicants/holders 

continue to provide the SDLA a copy of 

their MEC; 

• Motor carriers continue verifying 

that drivers were certified by an ME 

listed on the National Registry; and 

• SDLAs continue processing paper 

copies of MECs they receive from CLP/ 

CDL applicants/holders. 

In the previous 2018 IFR, FMCSA did 

not delay the requirement for MEs 

performing physical examinations of 

CMV drivers to report results of all CMV 

drivers’ physical examinations to 

FMCSA by midnight (local time) of the 

next calendar day following the 

examination. MEs’ submission of 

reports by midnight of the next calendar 

day also allows FMCSA to begin 

electronically transmitting this 

important safety data to each State when 

that State is ready to receive the 

information, thereby providing States 

additional flexibility to implement the 

provisions of this rulemaking at their 

own pace. In the SNPRM, FMCSA stated 

that it believed some States may be 

prepared to receive this data ahead of 

the June 23, 2025, date to take advantage 

of the efficiencies and added security 

the new process affords. 

When FMCSA is ready to begin 

electronically transmitting MEC 

information from the National Registry, 

and an SDLA is ready to begin receiving 

this information electronically from the 

National Registry, FMCSA will work 

with the SDLA involved on the most 

appropriate means to use such 

electronic transmissions. In the SNPRM, 

FMCSA stated that, under such 

circumstances, electronic transmission 

of the MEC information may be an 

acceptable means for CDL and CLP 

holders to satisfy the requirement of 

providing the MEC to the SDLA. In 

order to avoid any uncertainty, 

provisions were previously added to the 

appropriate regulations stating that, in 

case of a conflict between the medical 

certification information provided 

electronically by FMCSA and 

information on a paper version of the 

MEC, the electronic record will be 

controlling. The provisions in the 

regulations governing the handling of 

these matters under the current 

procedures will remain in effect through 

June 22, 2025, to ensure continued 

compliance by SDLAs and other 

affected stakeholders until the 

electronic transmission of MEC 

information is operational for all 

SDLAs. 

In the SNPRM, FMCSA stated that if 

any SDLAs begin receiving MEC 

information from FMCSA prior to June 

23, 2025, FMCSA and the SDLAs will 

make every effort to advise all 

stakeholders when such transmission 

begins. MEs listed on the National 

Registry, employers, and enforcement 

personnel (both State and Federal) will 

need to be made fully aware that some 

SDLAs may be following procedures 

different from the remaining States. 

In 49 CFR parts 383, 384, and 391, 

FMCSA proposed changing the 

compliance dates of the rules as shown 

in the table below. 

TABLE 1—DATE CHANGES

Section to be changed (in Title 49 CFR): Current compliance dates: New compliance dates: 

383.71 (h)(1)(i) ................................................... June 22, 2021 .................................................. June 23, 2025. 

383.71 (h)(1)(ii) ................................................... June 22, 2021 .................................................. June 23, 2025. 

383.71(h)(3)(i) ..................................................... June 22, 2021 .................................................. June 23, 2025. 

383.71(h)(3)(ii) .................................................... June 22, 2021 .................................................. June 23, 2025. 

383.73 (a)(2)(vii)(A) ............................................ June 22, 2021 .................................................. June 23, 2025. 

383.73 (a)(2)(vii)(B) ............................................ June 22, 2021 .................................................. June 23, 2025. 

383.73(b)(5)(i) ..................................................... June 22, 2021 .................................................. June 23, 2025. 

383.73(b)(5)(ii) .................................................... June 22, 2021 .................................................. June 23, 2025. 

383.73(o)(1)(i) ..................................................... June 22, 2021 .................................................. June 23, 2025. 

383.73(o)(1)(ii) .................................................... June 22, 2021 .................................................. June 23, 2025. 

383.73(o)(2)(i) ..................................................... June 22, 2021 .................................................. June 23, 2025. 

383.73(o)(2)(ii) .................................................... June 22, 2021 .................................................. June 23, 2025. 

383.73(o)(3)(i) ..................................................... June 22, 2021 .................................................. June 23, 2025. 

383.73(o)(3)(ii) .................................................... June 22, 2021 .................................................. June 23, 2025. 

383.73(o)(4)(i)(A)(1) ........................................... June 22, 2021 .................................................. June 23, 2025. 

383.73(o)(4)(i)(A)(2) ........................................... June 22, 2021 .................................................. June 23, 2025. 

383.73(o)(4)(ii)(A) ............................................... June 22, 2021 .................................................. June 23, 2025. 

383.73(o)(4)(ii)(B) ............................................... June 22, 2021 .................................................. June 23, 2025. 

384.301(i) ........................................................... June 22, 2021 .................................................. June 23, 2025. 

391.23(m)(2)(i)(B)(1) ........................................... June 21, 2021 .................................................. June 22, 2025. 

391.23(m)(2)(i)(C) ............................................... June 21, 2021 .................................................. June 22, 2025. 

391.23(m)(3)(i)(B)(1) ........................................... June 21, 2021 .................................................. June 22, 2025. 

391.23(m)(3)(i)(C) ............................................... June 21, 2021 .................................................. June 22, 2025. 

391.41(a)(2)(i)(A) ................................................ June 21, 2021 .................................................. June 22, 2025. 

391.41(a)(2)(i)(B) ................................................ June 22, 2021 .................................................. June 23, 2025. 

391.41(a)(2)(ii) .................................................... June 21, 2021 .................................................. June 22, 2025. 

391.43(g)(2)(i) ..................................................... June 22, 2021 .................................................. June 23, 2025. 

391.43(g)(2)(ii) .................................................... June 22, 2021 .................................................. June 23, 2025. 

391.43(g)(3) ........................................................ June 22, 2021 .................................................. June 23, 2025. 

391.45(g) ............................................................ June 22, 2021 .................................................. June 23, 2025. 

391.51(b)(7)(ii) .................................................... June 21, 2021 .................................................. June 22, 2025. 

391.51(b)(9)(ii) .................................................... June 21, 2021 .................................................. June 22, 2025. 


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32646 Federal Register / Vol. 86, No. 117 / Tuesday, June 22, 2021 / Rules and Regulations 

B. Comments and Responses 

FMCSA provided a period of 30 days 

ending May 24, 2021, for public 

comment regarding its intentions to 

finalize the compliance dates for the 

regulations listed above. FMCSA 

specifically sought input on whether the 

3-year period for SDLA implementation 

is appropriate, or could even be 

reduced. In the SNPRM, the Agency 

stated its intention to publish the 

necessary final rule with the extended 

compliance dates as soon as feasible. 

FMCSA received six comments on the 

SNPRM from the following parties: One 

anonymous individual; Mr. Dave Gray 

(who self-identified as the Past 

President of North American 

Transportation Services Association); 

the American Association of Motor 

Vehicle Administrators (AAMVA); the 

American Trucking Associations (ATA); 

the National Transportation Safety 

Board (NTSB); and the Owner-Operator 

Independent Drivers Association 

(OOIDA). 

Timeline. Most of the commenters 

discussed the timeline for 

implementation in their comments to 

the SNPRM. ATA accepted that there 

would be a delay, stating it was 

inevitable. 

NTSB acknowledged that some delay 

was necessary, but said that the Agency 

should focus resources to implement the 

full system by ‘‘at the latest . . . June 

22, 2023.’’ 

AAMVA supported the modified 

timeline and stated they would need 

more time to implement, listing 

activities and contracting concerns that 

would require at least 12 months ‘‘from 

contract start.’’ AAMVA also said that 

‘‘the time needed to make changes to the 

CDLIS record and history record 

messages should be considered.’’ 

Response. FMCSA continues to 

believe that the delay is needed. It will 

provide the Agency time to complete 

the development of the National 

Registry replacement IT system, work 

with AAMVA and the SDLAs on the 

development of the interface to enable 

the electronic exchange of drivers’ 

medical certificate information, and to 

establish that everything functions 

correctly. FMCSA is fully committed to 

dedicating resources to completing 

implementation of all remaining 

elements of the 2015 final rule as 

quickly as possible. 

FMCSA will continue to drive the 

effort, in consultation with AAMVA, to 

develop a system that is suitable to 

process the electronic transfer of 

certification results to the SDLAs, while 

focusing on the deadline. FMCSA will 

work with SDLAs that want to use the 

information exchange prior to the 2025 

date. The Agency will likely utilize 

consultations with the CDLIS Working 

Group to identify the SDLAs that have 

such an interest. 

Mr. Gray recommends in his comment 

that FMCSA establish an ‘‘interim step’’ 

to implement the transmission of 

medical certification information to the 

SDLAs. As explained above in the 

response to the comments from 

AAMVA, FMCSA will work with any 

SDLAs that want to implement the 

information exchange prior to the 2025 

compliance date, if it is feasible to do 

so. 

Communication. Several commenters, 

including ATA and OOIDA, asked for 

better communication and information 

from the Agency regarding future policy 

changes. ATA specifically requested 

that FMCSA notify SDLAs that they may 

implement the changes ahead of the 

deadline. AAMVA listed activities that 

it had concerns or questions about, and 

requested confirmation that the work 

their organization has done with 

FMCSA will be utilized. 

Response. FMCSA will continue to 

provide guidance and updates available 

to SDLAs via bi-monthly CDL 

roundtable meetings. FMCSA also plans 

to increase communication upon the 

issuance of this rule by providing 

regular updates on the National Registry 

website regarding the rebuild of the 

National Registry and implementation 

of any interim electronic transmission of 

examination results to the SDLAs. 

Additionally, FMCSA plans to 

coordinate and work closely with 

AAMVA and its members to allay their 

concerns. 

FMCSA assures AAMVA and its 

members that the past work will be the 

basis for the ongoing effort and that 

communication will be open. FMCSA 

plans to utilize the specifications 

previously developed, with input from 

AAMVA, to the fullest extent possible 

in the National Registry rebuild effort. 

FMCSA agrees with ATA’s comment 

and will ensure that SDLAs are aware 

that they may begin compliance 

voluntarily before the deadline with 

support of the Agency. 

Safety. NTSB stated that the delay 

was negatively impacting safety, based 

on the fact that crashes they have 

investigated have been linked to 

medical issues. 

Response. FMCSA assures NTSB that 

safety remains the Agency’s primary 

focus. FMCSA emphasizes that this 

delay is primarily to allow the 

implementation with the SDLAs in the 

electronic transmission processes that 

will be available with the development 

and implementation of the robust 

National Registry system. The medical 

standards under 49 CFR part 391 for 

drivers are still required, and the 

Medical Examiners continue to examine 

and qualify or disqualify drivers, as 

appropriate. Though the full 

implementation of the rule will 

automate some data entry by the SDLAs 

that is currently manual, and will 

therefore minimize resources and make 

the process smoother, the system will 

still require the same medical 

qualifications for all commercial 

drivers. Prevention of fraud is an 

underlying purpose of the National 

Registry system, as modified by the 

2015 final rule, which will be fully 

implemented as soon as possible. 

The anonymous commenter suggested 

that ‘‘A driver who does not pass a DOT 

physical . . . should have all remaining 

time on his/her current medical card be 

made invalid.’’ The issue raised by this 

comment was covered in the final rule 

adopted in 2015. The regulations in 49 

CFR 391.41(g)(3) and 391.45(g) state 

that, if a driver is found not to be 

physically qualified upon examination 

by an ME, that determination is reported 

to FMCSA and any existing and 

unexpired certificates held by the driver 

are no longer valid. Such a 

determination, for CDL and CLP license 

holders, would then have to be 

electronically transmitted to the 

appropriate SDLA by FMCSA for action 

to indicate on the driver record that the 

driver is not certified and begin the 

license downgrade process under 49 

CFR part 383. Because the IT 

infrastructure was, and is still, 

unavailable, these two provisions were 

among the many whose implementation 

was postponed from 2018 to 2021. 

These provisions are again postponed 

by this final rule. 

Clarifications. AAMVA requested that 

FMCSA confirm that CDLIS/AAMVAnet 

should be used for transmission. 

AAMVA also ‘‘request[ed] confirmation 

that no additional medical information’’ 

needs to be posted to CDLIS. 

Response. FMCSA confirms that it did 

not intend to introduce new substantive 

proposals in the SNPRM, as this 

proposal was intended only to delay the 

compliance date, and not to modify the 

April 23, 2015 Medical Examiner’s 

Certification Integration final rule. 

FMCSA will work with AAMVA to 

make the delay as seamless as possible 

for SDLAs. FMCSA does note that 

AAMVA indicates in its comments that 

it is changing or replacing some of the 

systems that it previously contemplated 

using to perform the information 

exchange with FMCSA. These actions 

may inhibit FMCSA’s ability to utilize 


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Federal Register / Vol. 86, No. 117 / Tuesday, June 22, 2021 / Rules and Regulations 32647 

3A ‘‘major rule’’ means any rule that 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, geographic regions, Federal, State, or 

local government agencies; or (c) significant adverse 

effects on competition, employment, investment, 

productivity, innovation, or on the ability of United 

States-based enterprises to compete with foreignbased enterprises in domestic and export markets 

(49 CFR 389.3). 

4Public Law 104–121, 110 Stat. 857, (Mar. 29, 

1996). 

5 76,396 certified MEs were listed on the National 

Registry as of April 27, 2021. 

processes previously developed for such 

exchange through AAMVANet. 

VI. Good Cause Considerations 

Under the Administrative Procedure 

Act, upon a finding of good cause, the 

Agency may provide for a final rule to 

become effective less than 30 days after 

publication in the Federal Register (5 

U.S.C. 553(d)(3)). The necessary IT 

infrastructure to enable stakeholders to 

comply with the regulatory provisions 

involved will not be available on June 

21, 2021. Under these circumstances, 

and in order to clarify the applicable 

regulatory requirements in a timely 

manner, FMCSA finds that there is good 

cause to issue this final rule with an 

immediate effective date. The time for 

comments ended on May 24, 2021. 

There remains insufficient time to 

prepare and publish this final rule to 

permit an effective date 30 days after 

publication. Therefore, the Agency 

makes this final rule effective 

immediately upon publication in the 

Federal Register. 

VII. International Impacts 

Motor carriers and drivers are subject 

to the laws and regulations of the 

countries in which they operate, unless 

an international agreement states 

otherwise. Drivers and carriers should 

be aware of the regulatory differences 

among nations. 

VIII. Changes From the SNPRM 

FMCSA moves forward with a final 

rule as proposed in the SNPRM, with no 

modifications. 

IX. Section-By-Section Analysis 

This section-by-section analysis 

describes the proposed changes in 

numerical order. 

Parts 383, 384, and 391 

In parts 383, 384, and 391, FMCSA 

modifies the compliance dates as stated 

in Table 1. FMCSA does not make any 

other changes in this final rule. 

X. Regulatory Analyses 

A. Executive Order (E.O.) 12866 

(Regulatory Planning and Review), E.O. 

13563 (Improving Regulation and 

Regulatory Review), and DOT 

Regulatory Policies and Procedures 

FMCSA has considered the impact of 

this final rule under E.O. 12866 (58 FR 

51735, Oct. 4, 1993), Regulatory 

Planning and Review, E.O. 13563 (76 FR 

3821, Jan. 21, 2011), Improving 

Regulation and Regulatory Review, and 

DOT’s regulatory policies and 

procedures. The Office of Information 

and Regulatory Affairs (OIRA) 

determined that this final rule is not a 

significant regulatory action under 

section 3(f) of E.O. 12866, as 

supplemented by E.O. 13563, and does 

not require an assessment of potential 

costs and benefits under section 6(a)(3) 

of that Order. Accordingly, OMB has not 

reviewed it under these Orders. 

The Medical Examiner’s Certification 

Integration Final Rule, published April 

23, 2015 (80 FR 22790), amended the 

FMCSRs to establish a streamlined 

process for SDLAs to receive CMV 

driver physical examination results 

from the MEs, via the National Registry. 

The 2015 final rule estimated that the 

National Registry would be able to 

receive and transmit this information on 

a daily basis by June 22, 2018, and 

established compliance dates for MEs, 

motor carriers, FMCSA, and the States 

accordingly. This final rule delays until 

June 23, 2025, the compliance date 

requiring (1) FMCSA to electronically 

transmit from the National Registry to 

the SDLAs driver identification 

information, examination results, and 

restriction information from 

examinations performed for holders of 

CLPs/CDLs (interstate and intrastate); 

(2) FMCSA to electronically transmit to 

the SDLAs medical variance 

information for all CMV drivers; (3) 

SDLAs to post driver identification, 

examination results, and restriction 

information received electronically from 

FMCSA; and (4) that motor carriers no 

longer would need to verify that their 

drivers holding CLPs or CDLs were 

certified by an ME listed on the National 

Registry. This action is being taken to 

ensure that SDLAs have sufficient time 

to make the necessary IT programming 

changes. Although this rule would 

impact the responsibilities of MEs, CMV 

drivers, motor carriers, SDLAs, and 

FMCSA, it is not expected to generate 

any economic costs or benefits. 

The 2015 final rule accounted for 

costs associated with system 

development and implementation, and 

benefits associated with streamlined 

processes and reduced paperwork. 

These costs and benefits (anticipated 

under the 2018 IFR to be realized on the 

compliance date of June 22, 2021) 

would not be realized on that date. 

Therefore, the baseline against which to 

evaluate the impacts of this final rule is 

that the necessary systems will not be 

ready on June 22, 2021, and will instead 

be ready on June 23, 2025. This rule 

aligns the compliance date with the date 

when the systems will be ready and 

thus, when the costs and benefits 

estimated in the 2015 final rule can be 

realized. 

B. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801–808), OIRA 

designated this rule as not a ‘‘major 

rule.’’ 3

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) (RFA), as amended 

by the Small Business Regulatory 

Enforcement Fairness Act of 1996 

(SBREFA),4 requires Federal agencies to 

consider the effects of the regulatory 

action on small business and other 

small entities and to minimize any 

significant economic impact. The term 

‘‘small entities’’ comprises small 

businesses and not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000 (5 U.S.C. 

601(6)). Accordingly, DOT policy 

requires an analysis of the impact of all 

regulations on small entities, and 

mandates that agencies strive to lessen 

any adverse effects on these businesses. 

FMCSA considers all of the 76,396 

MEs who are certified and listed on the 

National Registry to be small entities.5

While this may be a substantial number 

of small entities, this rule does not 

impose any new requirements on MEs. 

MEs are already required, under the 

2015 final rule, to report results of all 

CMV drivers’ physical examinations 

(including the results of examinations 

where the driver was found not to be 

qualified) to FMCSA by midnight (local 

time) of the next calendar day following 

the examination. In addition, this rule 

does not result in additional costs or 

benefits, nor does it inhibit the 

realization of the cost savings identified 

in the 2015 final rule. The unanticipated 

National Registry outage and subsequent 

IT development issues have led to 

delays in the development of the 

process for the electronic transmission 

of MEC information and medical 

variances, and the final specifications 

have not yet been published and 

released to the SDLAs. This rule aligns 


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6Executive Office of the President, Office of 

Management and Budget (OMB). ‘‘North American 

Industry Classification System.’’ 2017. Available at: 

https://www.census.gov/eos/www/naics/ 

2017NAICS/2017_NAICS_Manual.pdf (accessed 

March 20, 2018). 

7Public Law 104–121, 110 Stat. 857, (Mar. 29, 

1996). 

8Public Law 108–447, 118 Stat. 2809, 3268, note 

following 5 U.S.C. 552a (Dec. 4, 2014). 

9Public Law 107–347, sec. 208, 116 Stat. 2899, 

2921 (Dec. 17, 2002). 

the compliance date with the date when 

the systems will be ready and thus, 

when the costs and benefits estimated in 

the 2015 final rule can be realized. As 

such, this rule will not result in a 

significant economic impact on the 

MEs. 

CMV drivers are not considered small 

entities because they do not meet the 

definition of a small entity in Section 

601 of the RFA. Specifically, CMV 

drivers are considered neither a small 

business under the RFA (5 U.S.C. 

601(3)), nor are they considered a small 

organization under the RFA (5 U.S.C. 

601(4)}. 

All motor carriers will likely be 

impacted by this rule; however, the rule 

would impose no new obligations. 

FMCSA does not know how many of 

these motor carriers are considered 

‘‘small.’’ The U.S. Small Business 

Administration (SBA) defines the size 

standards used to classify entities as 

small. SBA establishes separate 

standards for each industry, as defined 

by the North American Industry 

Classification System (NAICS).6 This 

rule may affect many different industry 

sectors; for example, the transportation 

sector (e.g., general freight trucking 

industry group (4841) and the 

specialized freight trucking industry 

group (4842)), the agricultural sector 

(11), and the construction sector (23). 

Industry groups within these sectors 

have size standards based on the 

number of employees, or on the amount 

of annual revenue. Regardless of how 

many small entities are in this 

population, this rule is not expected to 

generate any economic costs or benefits. 

Therefore, FMCSA estimates that, while 

this rule as proposed may affect a 

substantial number of small entities, it 

will not have a significant impact on 

those entities. 

This rule directly affects the States 

through their SDLAs. Under the 

standards of the RFA, as amended by 

the SBREFA, the States are not small 

entities. States are not considered small 

entities because they do not meet the 

definition of a small entity in the RFA. 

Specifically, States are not considered 

small governmental jurisdictions under 

the RFA 5 U.S.C. 601(5), both because 

State government is not included among 

the various levels of government listed 

in Section 601(5), and because, even if 

this were the case, no State, including 

the District of Columbia, has a 

population of less than 50,000, which is 

the criterion for a governmental 

jurisdiction to be considered small 

under the RFA. 

Consequently, I hereby certify that 

this action will not have a significant 

economic impact on a substantial 

number of small entities. 

D. Assistance for Small Entities 

In accordance with section 213(a) of 

the Small Business Regulatory 

Enforcement Fairness Act of 1996,7

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 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 FOR FURTHER

INFORMATION CONTACT. 

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. 

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 

$168 million (which is the value 

equivalent of $100 million in 1995, 

adjusted for inflation to 2019 levels) or 

more in any 1 year. Though this final 

rule would not result in such an 

expenditure, the Agency does discuss 

the effects of this rule elsewhere in this 

preamble. 

F. Paperwork Reduction Act 

This 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 would 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, 

2005,8 requires the Agency to assess the 

privacy impact of a regulation that will 

affect the privacy of individuals. This 

final rule would not require the 

collection of personally identifiable 

information (PII). 

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 2002,9

requires Federal agencies to conduct a 

PIA for new or substantially changed 

technology that collects, maintains, or 

disseminates information in an 

identifiable form. 

No new or substantially changed 

technology would collect, maintain, or 

disseminate information as a result of 

this rule. Accordingly, FMCSA has not 

conducted a PIA. 

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. 


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J. National Environmental Policy Act of 

1969 

FMCSA analyzed this final rule for 

the purpose of the National 

Environmental Policy Act of 1969 

(NEPA) (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), Appendix 2, paragraph 

(s)(7) and paragraph (t)(2). The 

Categorical Exclusion (CE) in paragraph 

(s)(7) covers requirements for Stateissued commercial license 

documentation and paragraph (t)(2) 

addresses regulations that ensure States 

have the appropriate information 

systems and procedures concerning CDL 

qualifications. The content in this final 

rule is covered by these CEs and the 

final action does not have any effect on 

the quality of the environment. 

List of Subjects 

49 CFR Part 383 

Administrative practice and 

procedure, Alcohol abuse, Drug abuse, 

Highway safety, Motor carriers 

49 CFR Part 384 

Administrative practice and 

procedure, Alcohol abuse, Drug abuse, 

Highway safety, Motor carriers 

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 subtitle B, 

chapter III, parts 383, 384, and 391 to 

read as follows: 

PART 383—COMMERCIAL DRIVER’S 

LICENSE STANDARDS; 

REQUIREMENTS AND PENALTIES 

■ 1. The authority citation for part 383 

continues to read as follows: 

Authority: 49 U.S.C. 521, 31136, 31301 et 

seq., and 31502; secs. 214 and 215 of Pub. L. 

106–159, 113 Stat. 1748, 1766, 1767; sec. 

1012(b) of Pub. L. 107–56, 115 Stat. 272, 297, 

sec. 4140 of Pub. L. 109–59, 119 Stat. 1144, 

1746; sec. 32934 of Pub. L. 112–141, 126 Stat. 

405, 830; secs. 5401 and 7208 of Pub. L. 114– 

94, 129 Stat. 1312, 1546, 1593; and 49 CFR 

1.87. 

■ 2. Amend § 383.71 by revising 

paragraphs (h)(1) and (3) to read as 

follows: 

§ 383.71 Driver application and 

certification procedures. 

* * * * * 

(h) * * * 

(1) New CLP and CDL applicants. (i) 

Before June 23, 2025, a new CLP or CDL 

applicant who certifies that he/she will 

operate CMVs in non-excepted, 

interstate commerce must provide the 

State with an original or copy (as 

required by the State) of a medical 

examiner’s certificate prepared by a 

medical examiner, as defined in 49 CFR 

390.5, and the State will post a medical 

qualification status of ‘‘certified’’ on the 

CDLIS driver record for the driver; 

(ii) On or after June 23, 2025, a new 

CLP or CDL applicant who certifies that 

he/she will operate CMVs in nonexcepted, interstate commerce must be 

medically examined and certified in 

accordance with 49 CFR 391.43 as 

medically qualified to operate a CMV by 

a medical examiner, as defined in 49 

CFR 390.5. Upon receiving an electronic 

copy of the medical examiner’s 

certificate from FMCSA, the State will 

post a medical qualifications status of 

‘‘certified’’ on the CDLIS driver record 

for the driver; 

* * * * * 

(3) Maintaining the medical 

certification status of ‘‘certified.’’ (i) 

Before June 23, 2025, in order to 

maintain a medical certification status 

of ‘‘certified,’’ a CLP or CDL holder who 

certifies that he/she will operate CMVs 

in non-excepted, interstate commerce 

must provide the State with an original 

or copy (as required by the State) of 

each subsequently issued medical 

examiner’s certificate; 

(ii) On or after June 23, 2025, in order 

to maintain a medical certification 

status of ‘‘certified,’’ a CLP or CDL 

holder who certifies that he/she will 

operate CMVs in non-excepted, 

interstate commerce must continue to be 

medically examined and certified in 

accordance with 49 CFR 391.43 as 

physically qualified to operate a 

commercial motor vehicle by a medical 

examiner, as defined in 49 CFR 390.5. 

FMCSA will provide the State with an 

electronic copy of the medical 

examiner’s certificate information for all 

subsequent medical examinations in 

which the driver has been deemed 

qualified. 

■ 3. Amend § 383.73 by revising 

paragraphs (a)(2)(vii), (b)(5), (o)(1)(i) 

introductory text, (o)(1)(ii) introductory 

text, (o)(2), (o)(3), (o)(4)(i)(A), and 

(o)(4)(ii) to read as follows: 

§ 383.73 State procedures. 

(a) * * * 

(2) * * * 

(vii)(A) Before June 23, 2025, for 

drivers who certified their type of 

driving according to § 383.71(b)(1)(i) 

(non-excepted interstate) and, if the CLP 

applicant submits a current medical 

examiner’s certificate, date-stamp the 

medical examiner’s certificate, and post 

all required information from the 

medical examiner’s certificate to the 

CDLIS driver record in accordance with 

paragraph (o) of this section. 

(B) On or after June 23, 2025, for 

drivers who certified their type of 

driving according to § 383.71(b)(1)(i) 

(non-excepted interstate) and, if FMCSA 

provides current medical examiner’s 

certificate information electronically, 

post all required information matching 

the medical examiner’s certificate to the 

CDLIS driver record in accordance with 

paragraph (o) of this section. 

(b) * * * 

(5)(i) Before June 23, 2025, for drivers 

who certified their type of driving 

according to § 383.71(b)(1)(i) (nonexcepted interstate) and, if the CDL 

holder submits a current medical 

examiner’s certificate, date-stamp the 

medical examiner’s certificate and post 

all required information from the 

medical examiner’s certificate to the 

CDLIS driver record in accordance with 

paragraph (o) of this section. 

(ii) On or after June 23, 2025, for 

drivers who certified their type of 

driving according to § 383.71(b)(1)(i) 

(non-excepted interstate) and, if FMCSA 

provides current medical examiner’s 

certificate information electronically, 

post all required information matching 

the medical examiner’s certificate to the 

CDLIS driver record in accordance with 

paragraph (o) of this section. 

* * * * * 

(o) * * * 

(1)(i) Status of CLP or CDL holder. 

Before June 23, 2025, for each operator 

of a commercial motor vehicle required 

to have a CLP or CDL, the current 

licensing State must: 

* * * * * 

(ii) Status of CLP or CDL holder. On 

or after June 23, 2025, for each operator 

of a commercial motor vehicle required 

to have a CLP or CDL, the current 

licensing State must: 

* * * * * 

(2) Status update. (i) Before June 23, 

2025, the State must, within 10 calendar 

days of the driver’s medical examiner’s 

certificate or medical variance expiring, 

the medical variance being rescinded or 

the medical examiner’s certificate being 

voided by FMCSA, update the medical 

certification status of that driver as ‘‘not 

certified.’’ 

(ii) On or after June 23, 2025, the State 

must, within 10 calendar days of the 

driver’s medical examiner’s certificate 

or medical variance expiring, the 

medical examiner’s certificate becoming 

invalid, the medical variance being 


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32650 Federal Register / Vol. 86, No. 117 / Tuesday, June 22, 2021 / Rules and Regulations 

rescinded, or the medical examiner’s 

certificate being voided by FMCSA, 

update the medical certification status 

of that driver as ‘‘not certified.’’ 

(3) Variance update. (i) Before June 

23, 2025, within 10 calendar days of 

receiving information from FMCSA 

regarding issuance or renewal of a 

medical variance for a driver, the State 

must update the CDLIS driver record to 

include the medical variance 

information provided by FMCSA. 

(ii) On or after June 23, 2025, within 

1 business day of electronically 

receiving medical variance information 

from FMCSA regarding the issuance or 

renewal of a medical variance for a 

driver, the State must update the CDLIS 

driver record to include the medical 

variance information provided by 

FMCSA. 

(4) * * * 

(i) * * * 

(A)(1) Before June 23, 2025, notify the 

CLP or CDL holder of his/her CLP or 

CDL ‘‘not-certified’’ medical 

certification status and that the CMV 

privileges will be removed from the CLP 

or CDL unless the driver submits a 

current medical examiner’s certificate 

and/or medical variance, or changes his/ 

her self-certification to driving only in 

excepted or intrastate commerce (if 

permitted by the State); 

(2) On or after June 23, 2025, notify 

the CLP or CDL holder of his/her CLP 

or CDL ‘‘not-certified’’ medical 

certification status and that the CMV 

privileges will be removed from the CLP 

or CDL unless the driver has been 

medically examined and certified in 

accordance with 49 CFR 391.43 as 

physically qualified to operate a 

commercial motor vehicle by a medical 

examiner, as defined in 49 CFR 390.5, 

or the driver changes his/her selfcertification to driving only in excepted 

or intrastate commerce (if permitted by 

the State). 

* * * * * 

(ii)(A) Before June 23, 2025, if a driver 

fails to provide the State with the 

certification contained in § 383.71(b)(1), 

or a current medical examiner’s 

certificate if the driver self-certifies 

according to § 383.71(b)(1)(i) that he/she 

is operating in non-excepted interstate 

commerce as required by § 383.71(h), 

the State must mark that CDLIS driver 

record as ‘‘not-certified’’ and initiate a 

CLP or CDL downgrade following State 

procedures in accordance with 

paragraph (o)(4)(i)(B) of this section. 

(B) On or after June 23, 2025, if a 

driver fails to provide the State with the 

certification contained in § 383.71(b)(1), 

or, if the driver self-certifies according 

to § 383.71(b)(1)(i) that he/she is 

operating in non-excepted interstate 

commerce as required by § 383.71(h) 

and the information required by 

paragraph (o)(2)(ii) of this section is not 

received and posted, the State must 

mark that CDLIS driver record as ‘‘notcertified’’ and initiate a CLP or CDL 

downgrade following State procedures 

in accordance with paragraph 

(o)(4)(i)(B) of this section. 

* * * * * 

PART 384—STATE COMPLIANCE 

WITH COMMERCIAL DRIVER’S 

LICENSE PROGRAM 

■ 4. The authority citation for part 384 

continues to read as follows: 

Authority: 49 U.S.C. 31136, 31301, et seq., 

and 31502; secs. 103 and 215 of Pub. L. 106– 

59, 113 Stat. 1753, 1767; sec. 32934 of Pub. 

L. 112–141, 126 Stat. 405, 830; secs. 5401 and 

7208 of Pub. L. 114–94, 129 Stat. 1312, 1546, 

1593 and 49 CFR 1.87. 

■ 5. Amend § 384.301 by revising 

paragraph (i) to read as follows: 

§ 384.301 Substantial compliance-general 

requirements. 

* * * * * 

(i) A State must come into substantial 

compliance with the requirements of 

subpart B of this part and part 383 of 

this chapter in effect as of June 22, 2015, 

as soon as practical, but, unless 

otherwise specifically provided in this 

part, not later than June 23, 2025. 

* * * * * 

PART 391—QUALIFICATIONS OF 

DRIVERS AND LONGER 

COMBINATION VEHICLE (LCV) 

DRIVER INSTRUCTORS 

■ 6. The authority citation for part 391 

continues to read as follows: 

Authority: 49 U.S.C. 504, 508, 31133, 

31136, 31149, and 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. 

■ 7. Amend § 391.23 by revising 

paragraphs (m)(2)(i)(B)(1), (m)(2)(i)(C), 

(m)(3)(i)(B)(1) and (m)(3)(i)(C), to read as 

follows: 

§ 391.23 Investigation and inquiries. 

* * * * * 

(m) * * * 

(2) * * * 

(i) * * * 

(B)(1) Beginning on May 21, 2014, and 

through June 22, 2025, that the driver 

was certified by a medical examiner 

listed on the National Registry of 

Certified Medical Examiners as of the 

date of medical examiner’s certificate 

issuance. 

* * * * * 

(C) Exception. Beginning on January 

30, 2015, and through June 22, 2025, if 

the driver provided the motor carrier 

with a copy of the current medical 

examiner’s certificate that was 

submitted to the State in accordance 

with § 383.73(b)(5) of this chapter, the 

motor carrier may use a copy of that 

medical examiner’s certificate as proof 

of the driver’s medical certification for 

up to 15 days after the date it was 

issued. 

* * * * * 

(3) * * * 

(i) * * * 

(B)(1) Through June 22, 2025, that the 

driver was certified by a medical 

examiner listed on the National Registry 

of Certified Medical Examiners as of the 

date of medical examiner’s certificate 

issuance. 

* * * * * 

(C) Through June 22, 2025, if the 

driver provided the motor carrier with 

a copy of the current medical 

examiner’s certificate that was 

submitted to the State in accordance 

with § 383.73(a)(2)(vii) of this chapter, 

the motor carrier may use a copy of that 

medical examiner’s certificate as proof 

of the driver’s medical certification for 

up to 15 days after the date it was 

issued. 

* * * * * 

■ 8. Amend § 391.41 by revising 

paragraphs (a)(2)(i) and (ii), to read as 

follows: 

§ 391.41 Physical qualifications for 

drivers. 

(a) * * * 

(2) * * * 

(i)(A) Beginning on January 30, 2015 

and through June 22, 2025, a driver 

required to have a commercial driver’s 

license under part 383 of this chapter, 

and who submitted a current medical 

examiner’s certificate to the State in 

accordance with 49 CFR 383.71(h) 

documenting that he or she meets the 

physical qualification requirements of 

this part, no longer needs to carry on his 

or her person the medical examiner’s 

certificate specified at § 391.43(h), or a 

copy, for more than 15 days after the 

date it was issued as valid proof of 

medical certification. 

(B) On or after June 23, 2025, a driver 

required to have a commercial driver’s 

license or a commercial learner’s permit 

under 49 CFR part 383, and who has a 

current medical examiner’s certificate 

documenting that he or she meets the 

physical qualification requirements of 


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this part, no longer needs to carry on his 

or her person the medical examiner’s 

certificate specified at § 391.43(h). 

(ii) Beginning on July 8, 2015, and 

through June 22, 2025, a driver required 

to have a commercial learner’s permit 

under part 383 of this chapter, and who 

submitted a current medical examiner’s 

certificate to the State in accordance 

with § 383.71(h) of this chapter 

documenting that he or she meets the 

physical qualification requirements of 

this part, no longer needs to carry on his 

or her person the medical examiner’s 

certificate specified at § 391.43(h), or a 

copy for more than 15 days after the 

date it was issued as valid proof of 

medical certification. 

* * * * * 

■ 9. Amend § 391.43 by revising 

paragraphs (g)(2) and (3) to read as 

follows: 

§ 391.43 Medical examination; certificate 

of physical examination. 

* * * * * 

(g) * * * 

(2)(i) Before June 23, 2025, if the 

medical examiner finds that the person 

examined is physically qualified to 

operate a commercial motor vehicle in 

accordance with § 391.41(b), he or she 

must complete a certificate in the form 

prescribed in paragraph (h) of this 

section and furnish the original to the 

person who was examined. The 

examiner must provide a copy to a 

prospective or current employing motor 

carrier who requests it. 

(ii) On or after June 23, 2025, if the 

medical examiner identifies that the 

person examined will not be operating 

a commercial motor vehicle that 

requires a commercial driver’s license or 

a commercial learner’s permit and finds 

that the driver is physically qualified to 

operate a commercial motor vehicle in 

accordance with § 391.41(b), he or she 

must complete a certificate in the form 

prescribed in paragraph (h) of this 

section and furnish the original to the 

person who was examined. The 

examiner must provide a copy to a 

prospective or current employing motor 

carrier who requests it. 

(3) On or after June 23, 2025, if the 

medical examiner finds that the person 

examined is not physically qualified to 

operate a commercial motor vehicle in 

accordance with § 391.41(b), he or she 

must inform the person examined that 

he or she is not physically qualified, 

and that this information will be 

reported to FMCSA. All medical 

examiner’s certificates previously issued 

to the person are not valid and no longer 

satisfy the requirements of § 391.41(a). 

* * * * * 

■ 10. Amend § 391.45 by revising 

paragraph (g) to read as follows: 

§ 391.45 Persons who must be medically 

examined and certified. 

* * * * * 

(g) On or after June 23, 2025, any 

person found by a medical examiner not 

to be physically qualified to operate a 

commercial motor vehicle under the 

provisions of paragraph (g)(3) of 

§ 391.43. 

■ 11. Amend § 391.51 by revising 

paragraphs (b)(7)(ii) and (b)(9)(ii) to read 

as follows: 

§ 391.51 General requirements for driver 

qualification files. 

* * * * * 

(b) * * * 

(7) * * * 

(ii) For CDL holders, beginning 

January 30, 2012, if the CDLIS motor 

vehicle record contains medical 

certification status information, the 

motor carrier employer must meet this 

requirement by obtaining the CDLIS 

motor vehicle record defined at 

§ 384.105 of this chapter. That record 

must be obtained from the current 

licensing State and placed in the driver 

qualification file. After January 30, 

2015, a non-excepted, interstate CDL 

holder without medical certification 

status information on the CDLIS motor 

vehicle record is designated ‘‘notcertified’’ to operate a CMV in interstate 

commerce. After January 30, 2015, and 

through June 22, 2025, a motor carrier 

may use a copy of the driver’s current 

medical examiner’s certificate that was 

submitted to the State for up to 15 days 

from the date it was issued as proof of 

medical certification. 

* * * * * 

(9) * * * 

(ii) Through June 22, 2025, for drivers 

required to have a CDL, a note relating 

to verification of medical examiner 

listing on the National Registry of 

Certified Medical Examiners required by 

§ 391.23(m)(2). 

* * * * * 

Issued under authority delegated in 

49 CFR 1.87. 

Meera Joshi, 

Deputy Administrator. 

[FR Doc. 2021–13177 Filed 6–21–21; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[RTID 0648–XB117] 

Fisheries of the Northeastern United 

States; Summer Flounder Fishery; 

Quota Transfers From NC to MA and 

VA to NJ 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notification of quota transfer. 

SUMMARY: NMFS announces that the 

State of North Carolina and the 

Commonwealth of Virginia are 

transferring a portion of their 2021 

commercial summer flounder quota to 

the Commonwealth of Massachusetts 

and to the State of New Jersey, 

respectively. This adjustment to the 

2021 fishing year quota is necessary to 

comply with the Summer Flounder, 

Scup, and Black Sea Bass Fishery 

Management Plan quota transfer 

provisions. This announcement informs 

the public of the revised 2021 

commercial quotas for North Carolina, 

Massachusetts, Virginia, and New 

Jersey. 

DATES: Effective June 21, 2021 through 

December 31, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Laura Hansen, Fishery Management 

Specialist, (978) 281–9225. 

SUPPLEMENTARY INFORMATION: 

Regulations governing the summer 

flounder fishery are found in 50 CFR 

648.100 through 648.110. These 

regulations require annual specification 

of a commercial quota that is 

apportioned among the coastal states 

from Maine through North Carolina. The 

process to set the annual commercial 

quota and the percent allocated to each 

state is described in § 648.102 and final 

2021 allocations were published on 

December 21, 2020 (85 FR 82946). 

The final rule implementing 

Amendment 5 to the Summer Flounder 

Fishery Management Plan (FMP), as 

published in the Federal Register on 

December 17, 1993 (58 FR 65936), 

provided a mechanism for transferring 

summer flounder commercial quota 

from one state to another. Two or more 

states, under mutual agreement and 

with the concurrence of the NMFS 

Greater Atlantic Regional Administrator, 

can transfer or combine summer 

flounder commercial quota under 

§ 648.102(c)(2). The Regional 


lotter on DSK11XQN23PROD with RULES1