Federal Register/Vol. 86, No. 117/Tuesday, June 22, 2021/Rules
Total Page：16
File Type：pdf, Size：1020Kb
Federal Register / Vol. 86, No. 117 / Tuesday, June 22, 2021 / Rules and Regulations 32643 (5) The Product Management Division § 370.2 [Amended] tasks for its National Registry of (‘‘PMD’’) advises on business process ■ 22. Amend § 370.2 by removing Certified Medical Examiners (National integration and improvements in ‘‘Licensing Division’’ from each place it Registry) and to provide the State connection with technology initiatives appears and adding in its place Driver’s Licensing Agencies (SDLAs) affecting the Copyright Office. It ‘‘Licensing Section’’. sufficient time to make the necessary IT coordinates business activities, programming changes when the new including resource planning, § 370.3 [Amended] National Registry system is completed stakeholder engagement activities, and ■ 23. Amend § 370.3(b) by removing and available. project management. The PMD oversees ‘‘Licensing Division’’ and adding in its DATES: This final rule is effective June the Office’s data management, place ‘‘Licensing Section’’. 22, 2021. performance statistics, and business FOR FURTHER INFORMATION CONTACT: Ms. § 370.4 [Amended] intelligence capabilities. Christine A. Hydock, Chief, Medical (c) * * * The Office of the General ■ 24. Amend § 370.4(c) by removing Programs Division, Federal Motor Counsel also supervises the Copyright ‘‘Licensing Division’’ and adding in its Carrier Safety Administration, 1200 Claims Board (‘‘CCB’’) as it discharges place ‘‘Licensing Section’’. New Jersey Avenue SE, Washington, DC its statutory mandate. 20590–0001, (202) 366–4001, (1) The CCB is a voluntary, alternative § 370.5 [Amended] [email protected]. If you have forum to Federal court for parties to ■ 25. Amend § 370.5 by removing questions on viewing or submitting seek resolution of copyright disputes ‘‘Licensing Division’’ from each place it material to the docket, contact Dockets that have a low economic value. The appears and adding in its place Operations, (202) 366–9826. CCB is headed by three Copyright ‘‘Licensing Section’’. Claims Officers who ensure that claims SUPPLEMENTARY INFORMATION: are properly asserted and appropriate Dated: June 8, 2021. FMCSA organizes this final rule as for resolution; manage proceedings; Shira Perlmutter, follows: render determinations and award Register of Copyrights and Director of the I. Availability of Rulemaking Documents monetary relief; provide public U.S. Copyright Office. II. Executive Summary information; certify and maintain CCB Approved by: III. Legal Basis A. Authority Over Drivers Affected; Drivers records, including making proceeding Carla Hayden, Required To Obtain a Medical records publicly available; and other Librarian of Congress. Examiner’s Certificate (MEC) related duties. [FR Doc. 2021–12939 Filed 6–21–21; 8:45 am] B. Authority To Regulate State CDL (2) [Reserved] BILLING CODE 1410–30–P Programs * * * * * C. Authority To Require Reporting by MEs (f) * * * This Office is comprised of IV. Background V. Discussion of Proposed Rulemaking and two sections: The Public Information DEPARTMENT OF TRANSPORTATION Office and the Outreach and Education Comments section. A. Background and Proposed Rulemaking Federal Motor Carrier Safety B. Comments and Responses (g) * * * It contains three divisions: Administration Recordation; Records Management; and V. Good Cause Exists VII. International Impacts Records, Research and Certification. 49 CFR Parts 383, 384, and 391 VIII. Changes From the SNPRM *** IX. Section-By-Section Analysis [Docket No. FMCSA–2018–0152] * * * * * X. Regulatory Analyses RIN 2126–AC18 A. E.O. 12866 (Regulatory Planning and PART 210—COMPULSORY LICENSE Review), E.O. 13563 (Improving FOR MAKING AND DISTRIBUTING Extension of Compliance Dates for Regulation and Regulatory Review), and PHYSICAL AND DIGITAL Medical Examiner’s Certification DOT Regulatory Policies and Procedures PHONORECORDS OF NONDRAMATIC Integration B. Congressional Review Act MUSICAL WORKS C. Regulatory Flexibility Act (Small AGENCY: Federal Motor Carrier Safety Entities) ■ 18. The authority citation for part 210 Administration (FMCSA), Department D. Assistance for Small Entities continues to read as follows: of Transportation (DOT). E. Unfunded Mandates Reform Act of 1995 F. Paperwork Reduction Act (Collection of Authority: 17 U.S.C. 115, 702. ACTION: Final rule. Information) G. E.O. 13132 (Federalism) SUMMARY: FMCSA amends its § 210.6 [Amended] H. Privacy regulations to extend the compliance ■ 19. Amend § 210.6(g)(4)(i) by I. E.O. 13175 (Indian Tribal Governments) date from June 22, 2021, to June 23, removing ‘‘Licensing Division’’ and J. National Environmental Policy Act of 2025, for several provisions of its April adding in its place ‘‘Licensing Section’’. 1969 23, 2015, Medical Examiner’s § 210.7 [Amended] Certification Integration final rule. I. Availability of Rulemaking Documents ■ 20. Amend § 210.7(g)(5)(i) by FMCSA issued an interim final rule removing ‘‘Licensing Division’’ and (IFR) on June 21, 2018, extending the To view any documents mentioned as adding in its place ‘‘Licensing Section’’. compliance date for these provisions being available in the docket, go to until June 22, 2021. FMCSA published https://www.regulations.gov/docket/ PART 370—NOTICE AND a supplemental notice of proposed FMCSA-2018-0152/document and RECORDKEEPING REQUIREMENTS rulemaking (SNPRM) on April 22, 2021, choose the document to review. To view FOR STATUTORY LICENSES that proposed further extending the comments, click this final rule, and compliance date to June 23, 2025. This click ‘‘Browse Comments.’’ If you do not ■ 21. The authority citation for part 370 final rule will provide FMCSA time to have access to the internet, you may continues to read as follows: complete certain information view the docket online by visiting Authority: 17 U.S.C. 112(e)(4), 114(f)(3)(A). technology (IT) system development Dockets Operations in Room W12–140, VerDate Sep<11>2014 18:13 Jun 21, 2021 Jkt 253001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\22JNR1.SGM 22JNR1 lotter on DSK11XQN23PROD with RULES1 32644 Federal Register / Vol. 86, No. 117 / Tuesday, June 22, 2021 / Rules and Regulations 1200 New Jersey Avenue SE, establishing physical qualification frequent and more inclusive reports.2 In Washington, DC 20590–0001, between 9 standards for all drivers covered by addition to the general rulemaking a.m. and 5 p.m., Monday through these provisions (49 CFR 391.11(b)(4)). authority in 49 U.S.C. 31136(a), the Friday, except Federal holidays. To be Such drivers must obtain, from an ME, Secretary of Transportation is sure someone is there to help you, a certification indicating that the driver specifically authorized by section please call (202) 366–9317 or (202) 366– is physically qualified to drive a CMV 31149(e) to ‘‘issue such regulations as 9826 before visiting Dockets Operations. (49 CFR 391.41(a), 391.43(g) and (h)). may be necessary to carry out this FMCSA is also required to ensure that II. Executive Summary section.’’ the operation of a CMV does not have Authority to implement these various FMCSA adjusts the compliance date a deleterious effect on the physical statutory provisions has been delegated from June 22, 2021, to June 23, 2025, for condition of drivers (49 U.S.C. to the Administrator of FMCSA (49 CFR several provisions in the Medical 31136(a)(4)). 1.87(f)). Examiner’s Certification Integration final rule (80 FR 22790, Apr. 23, 2015). Drivers Required To Obtain a CDL IV. Background Specifically, the Agency postpones to The authority for FMCSA to require This final rule follows an SNPRM June 23, 2025, the provisions for: (1) an operator of a CMV to obtain a CDL published on April 22, 2021 (86 FR FMCSA to electronically transmit, from is based on 49 U.S.C. 31302, and the 21259). The SNPRM relied upon the the National Registry to the SDLAs, authority to set minimum standards for history of the regulations that FMCSA driver identification information, the testing and fitness of such operators adopted in 2015 and the developments examination results, and restriction rests on 49 U.S.C. 31305. leading to the 2018 interim final rule (83 information from examinations B. Authority To Regulate State CDL FR at 28776). The Agency also stated performed for holders of commercial Programs that it might further amend the learner’s permits (CLPs) or commercial provisions amended by the interim final Under 49 U.S.C. 31311 and 31314, driver’s licenses (CDLs) (interstate and rule (83 FR at 28777). Since issuing the FMCSA has authority to prescribe intrastate); (2) FMCSA to electronically 2015 final rule, there have been ongoing procedures and requirements the States transmit to the SDLAs medical variance challenges associated with launching a must follow when issuing CDLs (see, information for all commercial motor new National Registry system. Among generally, 49 CFR parts 383 and 384). In vehicle (CMV) drivers; (3) SDLAs to those challenges was an unsuccessful particular, under section 31314, in order post on the Commercial Driver’s License attempt by an intruder to compromise to avoid loss of certain Federal-aid Information System (CDLIS) driver the National Registry in December 2017. highway funds otherwise apportioned record the driver identification, Although no personal information was under 23 U.S.C. 104(b), each State must examination results, and restriction exposed, FMCSA took the National comply with the requirement in 49 information received electronically from Registry system offline until mid-2018 U.S.C. 31311(a)(1) to adopt and carry FMCSA; and (4) motor carriers to no to ensure it was secure. This action and out a program for testing and ensuring longer be required to verify that CLP/ other related actions affected the the fitness of individuals to operate CDL drivers were certified by a certified schedule for implementing the CMVs consistent with the minimum medical examiner (ME) listed on the provisions of the 2015 final rule, standards prescribed by FMCSA under National Registry. resulting in the postponement of the 49 U.S.C. 31305(a) (see also 49 CFR The compliance date for these compliance date by the 2018 IFR.