Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Rules and Regulations 35633 

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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35634 Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Rules and Regulations 

1 A ‘‘major rule’’ means any rule that the 

Administrator of the Office of Information and 

Regulatory Affairs of the Office of Management and 

Budget finds has resulted in or is likely to result 

in (a) an annual effect on the economy of $100 

million or more; (b) a major increase in costs or 

prices for consumers, individual industries, Federal 

agencies, State agencies, local government agencies, 

or geographic regions; or (c) significant adverse 

effects on competition, employment, investment, 

productivity, innovation, or on the ability of United 

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

(5 U.S.C. 804(2)). 

Act: A Legacy for Users (SAFETEA–LU) 

(Pub. L. 109–59, 119 Stat. 1144, Aug. 10, 

2005); the SAFETEA–LU Technical 

Corrections Act of 2008 (Pub. L. 110– 

244, 122 Stat. 1572, June 6, 2008); the 

Moving Ahead for Progress in the 21st 

Century Act (MAP–21) (Pub. L. 112– 

141, 126 Stat. 405, July 6, 2012); and the 

Fixing America’s Surface Transportation 

Act (Pub. L. 114–94, 129 Stat. 1312, Dec. 

4, 2015). 

The specific regulations amended by 

this rule are based on the statutes 

detailed above. Generally, the legal 

authority for each of those provisions 

was explained when the requirement 

was originally adopted and is noted at 

the beginning of each part in title 49 of 

the Code of Federal Regulations. 

The Administrative Procedure Act 

(APA) specifically provides exceptions 

to its notice and comment rulemaking 

procedures when an agency finds there 

is good cause to dispense with them, 

and incorporates the finding, and a brief 

statement of reasons therefore, in the 

rules issued (5 U.S.C. 553(b)(3)(B)). 

Good cause exists when an agency 

determines that notice and public 

comment procedures are impractical, 

unnecessary, or contrary to the public 

interest. The amendments made in this 

final rule primarily correct inadvertent 

errors and omissions, remove or update 

obsolete references, and make minor 

language changes to improve clarity and 

consistency. Some changes are 

statutorily mandated or relate to 

previous changes that were statutorily 

mandated. In accommodating those 

changes, the Agency is performing 

nondiscretionary, ministerial acts. Other 

changes merely align regulatory 

requirements with the underlying 

statutory authority. The technical 

amendments do not impose any 

material new requirements or increase 

compliance obligations. In addition, the 

amendments removing the word ‘‘onsite’’ from the definitions of Compliance 

review and Roadability review in § 385.3 

recognize the technological advances 

that allow FMCSA to perform the same 

investigative functions remotely in some 

cases that it could perform previously 

only by in-person reviews of the motor 

carrier’s files. The regulatory standards 

are not changing as a result of this 

minor procedural adjustment. Moreover, 

the APA provides an additional 

exception to its notice and comment 

rulemaking procedures for ‘‘rules of 

agency organization, procedure, or 

practice’’ (5 U.S.C. 553(b)(3)(A)). For 

these reasons, FMCSA finds good cause 

that notice and public comment on this 

final rule are unnecessary. 

The amendment adding a separation 

of functions provision in new § 385.21 

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 nonDOT RTD tests conducted in accordance 

with paragraph (b)(4) should not be 

reported to the Commercial Driver’s 

License Drug and Alcohol 

Clearinghouse (Clearinghouse), an 

electronic database that contains driverspecific drug and alcohol program 


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Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Rules and Regulations 35635 

violation information. The changes also 

provide consistency with the reference 

in paragraph (b)(5) to ‘‘non-DOT followup 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 selfemployed) to be commercial motor 

vehicle operators.’’ As currently drafted, 

§ 382.701(d) may imply that the 

prohibition against permitting a driver 

with unresolved drug and alcohol 

testing program violations to perform 

safety-sensitive functions applies to 

current, and not prospective, employeedrivers. This amendment makes clear 

that, consistent with the statute, the 

prohibition applies to employers of 

current and prospective drivers. In 

addition, the amendment conforms 

§ 382.701(d) to § 382.301(a) (‘‘Preemployment testing’’), which states, in 

part, ‘‘No employer shall allow a driver, 

who the employer intends to hire or use, 

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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35636 Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Rules and Regulations 

standards; requirements and penalties’’). 

To ensure consistency with the 

applicable statutory authority, the 

conjunction ‘‘and’’ is replaced with ‘‘or’’ 

in § 383.5. The Agency changes the 

punctuation before the conjunction ‘‘or’’ 

from a comma to a semicolon. FMCSA 

adds a comma after the word ‘‘traffic’’ 

in paragraph (1) to have consistent 

punctuation with paragraph (2). 

N. Section 383.51 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 ‘‘onsite’’ from the definition of Roadability 

review in paragraph (4) of the definition 

of Reviews in § 385.3. FMCSA makes 

this amendment to provide consistency 

between the definitions of Compliance 

review and Roadability review. The 

roadability review program was 

modeled after FMCSA’s compliance 

review program (71 FR 76796, 76798, 

Dec. 21, 2006). This amendment 

recognizes that the same technological 

advances that allow FMCSA to perform 

the compliance review remotely in some 

cases also allow FMCSA to perform the 

roadability review remotely in some 

cases. 

In addition to the above amendments, 

FMCSA adds a missing apostrophe to 

the phrase ‘‘commercial driver’s 

license’’ in the definition of Compliance 

review. 

R. Section 385.21 Separation of 

Functions 

In new § 385.21, FMCSA adds a 

separation of functions provision that 

applies to the various administrative 

review proceedings under part 385. This 

amendment clarifies that FMCSA 

applies a separation of functions 

between Agency employees engaged in 

the performance of investigative or 

prosecutorial functions and those who 

participate or advise in the decision in 

administrative review proceedings 

under part 385. This new section merely 

codifies the separation of functions that 

has, in fact, been maintained in FMCSA 

since the Agency was created in 2000. 

FMCSA adopts language for this section 

that is consistent with DOT policy and 

the requirements for adjudications in 5 

U.S.C. 554. It also is similar to the 

language in § 386.3, which is the 

separation of functions provision 

applicable to administrative reviews of 

proposed civil penalties. 

S. Appendix B to Part 385—Explanation 

of Safety Rating Process 

FMCSA amends appendix B to part 

385 to conform to a 2013 revision of the 

standard in § 383.37 from ‘‘knowingly’’ 

to ‘‘knows or should reasonably know’’ 

(78 FR 60226, 60227, 60231, Oct. 1, 

2013). Specifically, FMCSA amends the 

entries for § 383.37(a) through (c) on the 

‘‘List of Acute and Critical Regulations’’ 

found in Section VII of appendix B to 

part 385. In each of those entries, 


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FMCSA deletes the word ‘‘knowingly’’ 

at the beginning of the sentence and 

makes minor modifications to the 

sentence to ensure that the appendix 

entries more closely follow the language 

of the regulatory text to which they refer 

(e.g., by using the term ‘‘driver’’ instead 

of ‘‘employee’’ in all three entries and 

adding the term ‘‘CLP’’ and the acronym 

‘‘CDL’’ in the entries for paragraphs (b) 

and (c)) and to better accommodate the 

phrase ‘‘knows or reasonably should 

have known’’ into the entries. 

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 parttime national guard training, and 

national guard military technicians 

(civilians who are required to wear 

military uniforms); and active duty U.S. 

Coast Guard personnel. This exception 

is not applicable to U.S. Reserve 

technicians. 

* * * * * 

■ 16. Amend § 383.5 by revising the 

introductory text and paragraph (1) of 

the definition of Commerce to read as 

follows: 

§ 383.5 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) * * * 

TABLE 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 nonCMV, a CLP or CDL 

holder must be 

disqualified from 

operating a CMV for 

* * * 

For a first conviction or 

refusal to be tested 

while operating a CMV 

transporting hazardous 

materials as defined in 

§ 383.5, a person 

required to have a CLP 

or CDL and a CLP or 

CDL holder must be 

disqualified from 

operating a CMV for 

* * * 

For a second 

conviction or refusal to 

be tested in a 

separate incident of 

any combination of 

offenses in this Table 

while operating a CMV, 

a person required to 

have a CLP or CDL 

and a CLP or CDL 

holder must be 

disqualified from 

operating a CMV for 

* * * 

For a second 

conviction or refusal to 

be tested in a 

separate incident of 

any combination of 

offenses in this Table 

while operating a nonCMV, a CLP or CDL 

holder must be 

disqualified from 

operating a CMV for 

* * * 

*******

(6) Using the vehicle to commit a 

felony, other than a felony described 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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khammond on DSKJM1Z7X2PROD with RULESER07JY21.076</GPH>

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 
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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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khammond on DSKJM1Z7X2PROD with RULESER07JY21.079</GPH>

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).ineacheyewlth0orwithootcorrectiM 

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 
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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 (specifytype1: ---------~ 

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 

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35648 Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Rules and Regulations 


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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, _________________ _ 

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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 yes0 ifyou 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 conditions 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. 

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35650 Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Rules and Regulations 


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1638 

lnstruCllonS'MCSA·S875 

Medical Examiner: 

Section 2: Examination Report 

• ()river Health History Review: ReviElW answers provided by the driver in the driver health history section 

and discuss any •yes~ and "not sure"responses. 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. 

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Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Rules and Regulations 35651 


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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 determined 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~ 

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Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Rules and Regulations 35653 

1A 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-andcentral-pacific-longline-and-purseseine-vessels in the event of serious 

illness, assault, intimidation, threats, 

interference, or harassment of a WCPFC 

observer. NMFS has created a website 

that provides specific contact 

information of the designated 

authorities, including emails and phone 

numbers. At this time, NMFS has 

identified the observer provider and 

NOAA Office of Law Enforcement 

Pacific Islands Division Duty Officer as 

contacts in the event of serious assault, 


khammond on DSKJM1Z7X2PROD with RULES