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(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,

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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. 384.201). provisions was postponed previously Since the 2018 IFR’s publication, from June 22, 2018, to June 22, 2021, by C. Authority To Require Reporting by additional setbacks in FMCSA’s efforts an interim final rule (83 FR 28774). This MEs to launch a National Registry final rule specifies that FMCSA now FMCSA has authority under 49 U.S.C. replacement system require an amends again the regulations adopted in additional delay. The Agency attempted the 2015 final rule and amended in the 31133(a)(8) and 31149(c)(1)(E) to require MEs on the National Registry to obtain to launch the first stage of a replacement IFR to include a compliance date, system in May 2019 but the system’s generally, of June 23, 2025. information from CMV drivers regarding their physical health, to record and performance capabilities fell short of III. Legal Basis for the Rulemaking retain the results of the physical those needed to implement the 2015 examinations of CMV drivers, and to final rule. After a detailed analysis of The legal basis of the 2015 final rule, the functional requirements, the Agency set out at 80 FR 22791–22792, serves as require frequent reporting of the information contained on the MECs they issued a request for proposals to obtain the legal basis for this rule. Brief the services of a new contractor and summaries of the relevant legal bases for issue. Section 31133(a)(8) gives the Agency broad administrative powers selected a vendor in December 2020 to the actions taken in this rulemaking are develop a replacement system by early set out below. (specifically ‘‘to prescribe recordkeeping and reporting requirements’’) to assist in 2022. The work includes delivery of A. Authority Over Drivers Affected; ensuring motor carrier safety and driver technical specifications to the SDLAs Drivers Required To Obtain a Medical health (Sen. Report No. 98–424 at 9 for use in implementing changes to their Examiner’s Certificate (MEC) (May 2, 1984)). Section 31149(c)(1)(E) respective systems. FMCSA is required by statute to authorizes a requirement for electronic FMCSA anticipates that the SDLAs establish standards for the physical reporting of certain specific information will need up to 3 years following the qualifications of drivers who operate by MEs, including applicant names and completion and release of the new CMVs in interstate commerce for non- numerical identifiers as determined by National Registry system and its excepted industries (49 U.S.C. the FMCSA Administrator. Section technical specifications to develop and 31136(a)(3) and 31502(b)). Subject to 31149(c)(1)(E) sets minimum monthly implement those changes. This was the certain limited exceptions,1 FMCSA has reporting requirements for MEs and 2 The provisions of section 31149(c)(1)(E) have fulfilled the statutory mandate by does not preclude the exercise by the been amended by section 32302(c)(1)(A) of Moving Agency of its broad authority under Ahead for Progress in the 21st Century, Public Law 1 See 49 CFR 390.3(f) and 391.2. section 31133(a)(8) to require more 112–141, 126 Stat. 405 (July 6, 2012).

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same amount of time allowed for this day also allows FMCSA to begin certification information provided activity in the 2015 final rule and the electronically transmitting this electronically by FMCSA and 2018 IFR. important safety data to each State when information on a paper version of the that State is ready to receive the V. Discussion of Proposed Rulemaking MEC, the electronic record will be information, thereby providing States and Comments controlling. The provisions in the additional flexibility to implement the regulations governing the handling of A. Background and Proposed provisions of this rulemaking at their these matters under the current Rulemaking own pace. In the SNPRM, FMCSA stated procedures will remain in effect through The SNPRM proposed delaying the that it believed some States may be June 22, 2025, to ensure continued prepared to receive this data ahead of compliance date through June 22, 2025, compliance by SDLAs and other the June 23, 2025, date to take advantage specifically proposing that: affected stakeholders until the • of the efficiencies and added security Certified MEs continue issuing electronic transmission of MEC MECs to qualified CLP/CDL applicants/ the new process affords. When FMCSA is ready to begin information is operational for all holders; SDLAs. • CLP/CDL applicants/holders electronically transmitting MEC continue to provide the SDLA a copy of information from the National Registry, In the SNPRM, FMCSA stated that if their MEC; and an SDLA is ready to begin receiving any SDLAs begin receiving MEC • Motor carriers continue verifying this information electronically from the information from FMCSA prior to June that drivers were certified by an ME National Registry, FMCSA will work 23, 2025, FMCSA and the SDLAs will listed on the National Registry; and with the SDLA involved on the most make every effort to advise all • SDLAs continue processing paper appropriate means to use such stakeholders when such transmission copies of MECs they receive from CLP/ electronic transmissions. In the SNPRM, begins. MEs listed on the National CDL applicants/holders. FMCSA stated that, under such Registry, employers, and enforcement circumstances, electronic transmission In the previous 2018 IFR, FMCSA did personnel (both State and Federal) will not delay the requirement for MEs of the MEC information may be an need to be made fully aware that some performing physical examinations of acceptable means for CDL and CLP SDLAs may be following procedures CMV drivers to report results of all CMV holders to satisfy the requirement of drivers’ physical examinations to providing the MEC to the SDLA. In different from the remaining States. FMCSA by midnight (local time) of the order to avoid any uncertainty, In 49 CFR parts 383, 384, and 391, next calendar day following the provisions were previously added to the FMCSA proposed changing the examination. MEs’ submission of appropriate regulations stating that, in compliance dates of the rules as shown reports by midnight of the next calendar case of a conflict between the medical in the table below.

TABLE 1—DATE CHANGES

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

383.71 (h)(1)(i) ...... June 22, 2021 ...... June 23, 2025. 383.71 (h)(1)(ii) ...... June 22, 2021 ...... June 23, 2025. 383.71(h)(3)(i) ...... June 22, 2021 ...... June 23, 2025. 383.71(h)(3)(ii) ...... June 22, 2021 ...... June 23, 2025. 383.73 (a)(2)(vii)(A) ...... June 22, 2021 ...... June 23, 2025. 383.73 (a)(2)(vii)(B) ...... June 22, 2021 ...... June 23, 2025. 383.73(b)(5)(i) ...... June 22, 2021 ...... June 23, 2025. 383.73(b)(5)(ii) ...... June 22, 2021 ...... June 23, 2025. 383.73(o)(1)(i) ...... June 22, 2021 ...... June 23, 2025. 383.73(o)(1)(ii) ...... June 22, 2021 ...... June 23, 2025. 383.73(o)(2)(i) ...... June 22, 2021 ...... June 23, 2025. 383.73(o)(2)(ii) ...... June 22, 2021 ...... June 23, 2025. 383.73(o)(3)(i) ...... June 22, 2021 ...... June 23, 2025. 383.73(o)(3)(ii) ...... June 22, 2021 ...... June 23, 2025. 383.73(o)(4)(i)(A)(1) ...... June 22, 2021 ...... June 23, 2025. 383.73(o)(4)(i)(A)(2) ...... June 22, 2021 ...... June 23, 2025. 383.73(o)(4)(ii)(A) ...... June 22, 2021 ...... June 23, 2025. 383.73(o)(4)(ii)(B) ...... June 22, 2021 ...... June 23, 2025. 384.301(i) ...... June 22, 2021 ...... June 23, 2025. 391.23(m)(2)(i)(B)(1) ...... June 21, 2021 ...... June 22, 2025. 391.23(m)(2)(i)(C) ...... June 21, 2021 ...... June 22, 2025. 391.23(m)(3)(i)(B)(1) ...... June 21, 2021 ...... June 22, 2025. 391.23(m)(3)(i)(C) ...... June 21, 2021 ...... June 22, 2025. 391.41(a)(2)(i)(A) ...... June 21, 2021 ...... June 22, 2025. 391.41(a)(2)(i)(B) ...... June 22, 2021 ...... June 23, 2025. 391.41(a)(2)(ii) ...... June 21, 2021 ...... June 22, 2025. 391.43(g)(2)(i) ...... June 22, 2021 ...... June 23, 2025. 391.43(g)(2)(ii) ...... June 22, 2021 ...... June 23, 2025. 391.43(g)(3) ...... June 22, 2021 ...... June 23, 2025. 391.45(g) ...... June 22, 2021 ...... June 23, 2025. 391.51(b)(7)(ii) ...... June 21, 2021 ...... June 22, 2025. 391.51(b)(9)(ii) ...... June 21, 2021 ...... June 22, 2025.

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B. Comments and Responses information exchange prior to the 2025 National Registry system. The medical FMCSA provided a period of 30 days date. The Agency will likely utilize standards under 49 CFR part 391 for ending May 24, 2021, for public consultations with the CDLIS Working drivers are still required, and the comment regarding its intentions to Group to identify the SDLAs that have Medical Examiners continue to examine finalize the compliance dates for the such an interest. and qualify or disqualify drivers, as Mr. Gray recommends in his comment regulations listed above. FMCSA appropriate. Though the full that FMCSA establish an ‘‘interim step’’ specifically sought input on whether the implementation of the rule will to implement the transmission of 3-year period for SDLA implementation automate some data entry by the SDLAs medical certification information to the is appropriate, or could even be that is currently manual, and will SDLAs. As explained above in the reduced. In the SNPRM, the Agency therefore minimize resources and make response to the comments from the process smoother, the system will stated its intention to publish the AAMVA, FMCSA will work with any necessary final rule with the extended still require the same medical SDLAs that want to implement the qualifications for all commercial compliance dates as soon as feasible. information exchange prior to the 2025 FMCSA received six comments on the drivers. Prevention of fraud is an compliance date, if it is feasible to do underlying purpose of the National SNPRM from the following parties: One so. anonymous individual; Mr. Dave Gray Registry system, as modified by the Communication. Several commenters, 2015 final rule, which will be fully (who self-identified as the Past including ATA and OOIDA, asked for President of North American implemented as soon as possible. better communication and information The anonymous commenter suggested Transportation Services Association); from the Agency regarding future policy the American Association of Motor that ‘‘A driver who does not pass a DOT changes. ATA specifically requested physical . . . should have all remaining Vehicle Administrators (AAMVA); the that FMCSA notify SDLAs that they may American Trucking Associations (ATA); time on his/her current medical card be implement the changes ahead of the made invalid.’’ The issue raised by this the National Transportation Safety deadline. AAMVA listed activities that Board (NTSB); and the Owner-Operator comment was covered in the final rule it had concerns or questions about, and adopted in 2015. The regulations in 49 Independent Drivers Association requested confirmation that the work CFR 391.41(g)(3) and 391.45(g) state (OOIDA). their organization has done with that, if a driver is found not to be Timeline. Most of the commenters FMCSA will be utilized. physically qualified upon examination discussed the timeline for Response. FMCSA will continue to by an ME, that determination is reported implementation in their comments to provide guidance and updates available to FMCSA and any existing and the SNPRM. ATA accepted that there to SDLAs via bi-monthly CDL unexpired certificates held by the driver would be a delay, stating it was roundtable meetings. FMCSA also plans are no longer valid. Such a inevitable. to increase communication upon the determination, for CDL and CLP license NTSB acknowledged that some delay issuance of this rule by providing holders, would then have to be was necessary, but said that the Agency regular updates on the National Registry electronically transmitted to the should focus resources to implement the website regarding the rebuild of the appropriate SDLA by FMCSA for action full system by ‘‘at the latest . . . June National Registry and implementation to indicate on the driver record that the 22, 2023.’’ of any interim electronic transmission of driver is not certified and begin the AAMVA supported the modified examination results to the SDLAs. license downgrade process under 49 timeline and stated they would need Additionally, FMCSA plans to CFR part 383. Because the IT more time to implement, listing coordinate and work closely with infrastructure was, and is still, activities and contracting concerns that AAMVA and its members to allay their unavailable, these two provisions were would require at least 12 months ‘‘from concerns. contract start.’’ AAMVA also said that FMCSA assures AAMVA and its among the many whose implementation ‘‘the time needed to make changes to the members that the past work will be the was postponed from 2018 to 2021. CDLIS record and history record basis for the ongoing effort and that These provisions are again postponed messages should be considered.’’ communication will be open. FMCSA by this final rule. Response. FMCSA continues to plans to utilize the specifications Clarifications. AAMVA requested that believe that the delay is needed. It will previously developed, with input from FMCSA confirm that CDLIS/AAMVAnet provide the Agency time to complete AAMVA, to the fullest extent possible should be used for transmission. the development of the National in the National Registry rebuild effort. AAMVA also ‘‘request[ed] confirmation Registry replacement IT system, work FMCSA agrees with ATA’s comment that no additional medical information’’ with AAMVA and the SDLAs on the and will ensure that SDLAs are aware needs to be posted to CDLIS. development of the interface to enable that they may begin compliance Response. FMCSA confirms that it did the electronic exchange of drivers’ voluntarily before the deadline with not intend to introduce new substantive medical certificate information, and to support of the Agency. proposals in the SNPRM, as this establish that everything functions Safety. NTSB stated that the delay proposal was intended only to delay the correctly. FMCSA is fully committed to was negatively impacting safety, based compliance date, and not to modify the dedicating resources to completing on the fact that crashes they have April 23, 2015 Medical Examiner’s implementation of all remaining investigated have been linked to Certification Integration final rule. elements of the 2015 final rule as medical issues. FMCSA will work with AAMVA to quickly as possible. Response. FMCSA assures NTSB that make the delay as seamless as possible FMCSA will continue to drive the safety remains the Agency’s primary for SDLAs. FMCSA does note that effort, in consultation with AAMVA, to focus. FMCSA emphasizes that this AAMVA indicates in its comments that develop a system that is suitable to delay is primarily to allow the it is changing or replacing some of the process the electronic transfer of implementation with the SDLAs in the systems that it previously contemplated certification results to the SDLAs, while electronic transmission processes that using to perform the information focusing on the deadline. FMCSA will will be available with the development exchange with FMCSA. These actions work with SDLAs that want to use the and implementation of the robust may inhibit FMCSA’s ability to utilize

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processes previously developed for such significant regulatory action under B. Congressional Review Act exchange through AAMVANet. section 3(f) of E.O. 12866, as Pursuant to the Congressional Review VI. Good Cause Considerations supplemented by E.O. 13563, and does Act (5 U.S.C. 801–808), OIRA not require an assessment of potential designated this rule as not a ‘‘major Under the Administrative Procedure costs and benefits under section 6(a)(3) rule.’’ 3 Act, upon a finding of good cause, the of that Order. Accordingly, OMB has not Agency may provide for a final rule to reviewed it under these Orders. C. Regulatory Flexibility Act become effective less than 30 days after The Medical Examiner’s Certification The Regulatory Flexibility Act (5 publication in the Federal Register (5 U.S.C. 601 et seq.) (RFA), as amended U.S.C. 553(d)(3)). The necessary IT Integration Final Rule, published April 23, 2015 (80 FR 22790), amended the by the Small Business Regulatory infrastructure to enable stakeholders to Enforcement Fairness Act of 1996 FMCSRs to establish a streamlined comply with the regulatory provisions (SBREFA),4 requires Federal agencies to process for SDLAs to receive CMV involved will not be available on June consider the effects of the regulatory driver physical examination results 21, 2021. Under these circumstances, action on small business and other from the MEs, via the National Registry. and in order to clarify the applicable small entities and to minimize any regulatory requirements in a timely The 2015 final rule estimated that the significant economic impact. The term manner, FMCSA finds that there is good National Registry would be able to ‘‘small entities’’ comprises small cause to issue this final rule with an receive and transmit this information on businesses and not-for-profit immediate effective date. The time for a daily basis by June 22, 2018, and organizations that are independently comments ended on May 24, 2021. established compliance dates for MEs, owned and operated and are not There remains insufficient time to motor carriers, FMCSA, and the States dominant in their fields, and prepare and publish this final rule to accordingly. This final rule delays until governmental jurisdictions with permit an effective date 30 days after June 23, 2025, the compliance date populations of less than 50,000 (5 U.S.C. publication. Therefore, the Agency requiring (1) FMCSA to electronically 601(6)). Accordingly, DOT policy makes this final rule effective transmit from the National Registry to requires an analysis of the impact of all immediately upon publication in the the SDLAs driver identification regulations on small entities, and Federal Register. information, examination results, and mandates that agencies strive to lessen VII. International Impacts restriction information from any adverse effects on these businesses. FMCSA considers all of the 76,396 Motor carriers and drivers are subject examinations performed for holders of MEs who are certified and listed on the to the laws and regulations of the CLPs/CDLs (interstate and intrastate); National Registry to be small entities.5 countries in which they operate, unless (2) FMCSA to electronically transmit to While this may be a substantial number an international agreement states the SDLAs medical variance of small entities, this rule does not otherwise. Drivers and carriers should information for all CMV drivers; (3) impose any new requirements on MEs. be aware of the regulatory differences SDLAs to post driver identification, MEs are already required, under the among nations. examination results, and restriction information received electronically from 2015 final rule, to report results of all VIII. Changes From the SNPRM FMCSA; and (4) that motor carriers no CMV drivers’ physical examinations FMCSA moves forward with a final longer would need to verify that their (including the results of examinations rule as proposed in the SNPRM, with no drivers holding CLPs or CDLs were where the driver was found not to be modifications. certified by an ME listed on the National qualified) to FMCSA by midnight (local time) of the next calendar day following IX. Section-By-Section Analysis Registry. This action is being taken to ensure that SDLAs have sufficient time the examination. In addition, this rule This section-by-section analysis to make the necessary IT programming does not result in additional costs or describes the proposed changes in changes. Although this rule would benefits, nor does it inhibit the numerical order. impact the responsibilities of MEs, CMV realization of the cost savings identified in the 2015 final rule. The unanticipated Parts 383, 384, and 391 drivers, motor carriers, SDLAs, and FMCSA, it is not expected to generate National Registry outage and subsequent In parts 383, 384, and 391, FMCSA IT development issues have led to any economic costs or benefits. modifies the compliance dates as stated delays in the development of the in Table 1. FMCSA does not make any The 2015 final rule accounted for process for the electronic transmission other changes in this final rule. costs associated with system of MEC information and medical development and implementation, and X. Regulatory Analyses variances, and the final specifications benefits associated with streamlined have not yet been published and A. Executive Order (E.O.) 12866 processes and reduced paperwork. released to the SDLAs. This rule aligns (Regulatory Planning and Review), E.O. These costs and benefits (anticipated 13563 (Improving Regulation and under the 2018 IFR to be realized on the 3 A ‘‘major rule’’ means any rule that the Office Regulatory Review), and DOT compliance date of June 22, 2021) of Management and Budget finds has resulted in or Regulatory Policies and Procedures would not be realized on that date. is likely to result in (a) an annual effect on the economy of $100 million or more; (b) a major FMCSA has considered the impact of Therefore, the baseline against which to increase in costs or prices for consumers, individual this final rule under E.O. 12866 (58 FR evaluate the impacts of this final rule is industries, geographic regions, Federal, State, or that the necessary systems will not be local government agencies; or (c) significant adverse 51735, Oct. 4, 1993), Regulatory effects on competition, employment, investment, Planning and Review, E.O. 13563 (76 FR ready on June 22, 2021, and will instead productivity, innovation, or on the ability of United 3821, Jan. 21, 2011), Improving be ready on June 23, 2025. This rule States-based enterprises to compete with foreign- Regulation and Regulatory Review, and aligns the compliance date with the date based enterprises in domestic and export markets DOT’s regulatory policies and when the systems will be ready and (49 CFR 389.3). 4 Public Law 104–121, 110 Stat. 857, (Mar. 29, procedures. The Office of Information thus, when the costs and benefits 1996). and Regulatory Affairs (OIRA) estimated in the 2015 final rule can be 5 76,396 certified MEs were listed on the National determined that this final rule is not a realized. Registry as of April 27, 2021.

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the compliance date with the date when the criterion for a governmental under the Paperwork Reduction Act of the systems will be ready and thus, jurisdiction to be considered small 1995 (44 U.S.C. 3501–3520). when the costs and benefits estimated in under the RFA. G. E.O. 13132 (Federalism) the 2015 final rule can be realized. As Consequently, I hereby certify that such, this rule will not result in a this action will not have a significant A rule has implications for federalism significant economic impact on the economic impact on a substantial under section 1(a) of E.O. 13132 if it has MEs. number of small entities. ‘‘substantial direct effects on the States, CMV drivers are not considered small on the relationship between the national entities because they do not meet the D. Assistance for Small Entities government and the States, or on the definition of a small entity in Section In accordance with section 213(a) of distribution of power and 601 of the RFA. Specifically, CMV the Small Business Regulatory responsibilities among the various drivers are considered neither a small Enforcement Fairness Act of 1996,7 levels of government.’’ business under the RFA (5 U.S.C. FMCSA wants to assist small entities in 601(3)), nor are they considered a small understanding this final rule so they can FMCSA has determined that this rule organization under the RFA (5 U.S.C. will not have substantial direct costs on } better evaluate its effects on themselves 601(4) . and participate in the rulemaking or for States, nor would it limit the All motor carriers will likely be initiative. If the rule will affect your policymaking discretion of States. impacted by this rule; however, the rule small business, organization, or Nothing in this document preempts any would impose no new obligations. governmental jurisdiction and you have State law or regulation. Therefore, this FMCSA does not know how many of questions concerning its provisions or rule does not have sufficient federalism these motor carriers are considered options for compliance; please consult implications to warrant the preparation ‘‘small.’’ The U.S. Small Business the person listed under FOR FURTHER of a Federalism Impact Statement. Administration (SBA) defines the size INFORMATION CONTACT. standards used to classify entities as H. Privacy small. SBA establishes separate Small businesses may send comments The Consolidated Appropriations Act, standards for each industry, as defined on the actions of Federal employees 2005,8 requires the Agency to assess the by the North American Industry who enforce or otherwise determine privacy impact of a regulation that will Classification System (NAICS).6 This compliance with Federal regulations to affect the privacy of individuals. This rule may affect many different industry the Small Business Administration’s final rule would not require the sectors; for example, the transportation Small Business and Agriculture sector (e.g., general freight trucking Regulatory Enforcement Ombudsman collection of personally identifiable industry group (4841) and the and the Regional Small Business information (PII). specialized freight trucking industry Regulatory Fairness Boards. The The Privacy Act (5 U.S.C. 552a) group (4842)), the agricultural sector Ombudsman evaluates these actions applies only to Federal agencies and any (11), and the construction sector (23). annually and rates each agency’s non-Federal agency that receives Industry groups within these sectors responsiveness to small business. If you records contained in a system of records have size standards based on the wish to comment on actions by from a Federal agency for use in a number of employees, or on the amount employees of FMCSA, call 1–888–REG– matching program. FAIR (1–888–734–3247). DOT has a of annual revenue. Regardless of how The E-Government Act of 2002,9 many small entities are in this policy regarding the rights of small entities to regulatory enforcement requires Federal agencies to conduct a population, this rule is not expected to PIA for new or substantially changed generate any economic costs or benefits. fairness and an explicit policy against retaliation for exercising these rights. technology that collects, maintains, or Therefore, FMCSA estimates that, while disseminates information in an this rule as proposed may affect a E. Unfunded Mandates Reform Act of identifiable form. substantial number of small entities, it 1995 will not have a significant impact on No new or substantially changed those entities. The Unfunded Mandates Reform Act technology would collect, maintain, or This rule directly affects the States of 1995 (2 U.S.C. 1531–1538) requires disseminate information as a result of through their SDLAs. Under the Federal agencies to assess the effects of this rule. Accordingly, FMCSA has not standards of the RFA, as amended by their discretionary regulatory actions. conducted a PIA. the SBREFA, the States are not small The Act addresses actions that may I. E.O. 13175 (Indian Tribal entities. States are not considered small result in the expenditure by a State, entities because they do not meet the local, or Tribal government, in the Governments) definition of a small entity in the RFA. aggregate, or by the private sector of This rule does not have Tribal Specifically, States are not considered $168 million (which is the value implications under E.O. 13175, small governmental jurisdictions under equivalent of $100 million in 1995, Consultation and Coordination with the RFA 5 U.S.C. 601(5), both because adjusted for inflation to 2019 levels) or Indian Tribal Governments, because it State government is not included among more in any 1 year. Though this final does not have a substantial direct effect the various levels of government listed rule would not result in such an on one or more Indian Tribes, on the in Section 601(5), and because, even if expenditure, the Agency does discuss relationship between the Federal this were the case, no State, including the effects of this rule elsewhere in this Government and Indian Tribes, or on the District of Columbia, has a preamble. the distribution of power and population of less than 50,000, which is F. Paperwork Reduction Act responsibilities between the Federal Government and Indian Tribes. 6 Executive Office of the President, Office of This rule contains no new Management and Budget (OMB). ‘‘North American information collection requirements Industry Classification System.’’ 2017. Available at: 8 Public Law 108–447, 118 Stat. 2809, 3268, note https://www.census.gov/eos/www/naics/ following 5 U.S.C. 552a (Dec. 4, 2014). 2017NAICS/2017_NAICS_Manual.pdf (accessed 7 Public Law 104–121, 110 Stat. 857, (Mar. 29, 9 Public Law 107–347, sec. 208, 116 Stat. 2899, March 20, 2018). 1996). 2921 (Dec. 17, 2002).

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J. National Environmental Policy Act of (1) New CLP and CDL applicants. (i) applicant submits a current medical 1969 Before June 23, 2025, a new CLP or CDL examiner’s certificate, date-stamp the FMCSA analyzed this final rule for applicant who certifies that he/she will medical examiner’s certificate, and post the purpose of the National operate CMVs in non-excepted, all required information from the Environmental Policy Act of 1969 interstate commerce must provide the medical examiner’s certificate to the (NEPA) (42 U.S.C. 4321 et seq.) and State with an original or copy (as CDLIS driver record in accordance with determined this action is categorically required by the State) of a medical paragraph (o) of this section. excluded from further analysis and examiner’s certificate prepared by a (B) On or after June 23, 2025, for documentation in an environmental medical examiner, as defined in 49 CFR drivers who certified their type of assessment or environmental impact 390.5, and the State will post a medical driving according to § 383.71(b)(1)(i) statement under FMCSA Order 5610.1 qualification status of ‘‘certified’’ on the (non-excepted interstate) and, if FMCSA (69 FR 9680), Appendix 2, paragraph CDLIS driver record for the driver; provides current medical examiner’s (s)(7) and paragraph (t)(2). The (ii) On or after June 23, 2025, a new certificate information electronically, Categorical Exclusion (CE) in paragraph CLP or CDL applicant who certifies that post all required information matching (s)(7) covers requirements for State- he/she will operate CMVs in non- the medical examiner’s certificate to the issued commercial license excepted, interstate commerce must be CDLIS driver record in accordance with documentation and paragraph (t)(2) medically examined and certified in paragraph (o) of this section. addresses regulations that ensure States accordance with 49 CFR 391.43 as (b) * * * (5)(i) Before June 23, 2025, for drivers have the appropriate information medically qualified to operate a CMV by who certified their type of driving systems and procedures concerning CDL a medical examiner, as defined in 49 according to § 383.71(b)(1)(i) (non- qualifications. The content in this final CFR 390.5. Upon receiving an electronic excepted interstate) and, if the CDL rule is covered by these CEs and the copy of the medical examiner’s holder submits a current medical final action does not have any effect on certificate from FMCSA, the State will examiner’s certificate, date-stamp the the quality of the environment. post a medical qualifications status of ‘‘certified’’ on the CDLIS driver record medical examiner’s certificate and post List of Subjects for the driver; all required information from the medical examiner’s certificate to the 49 CFR Part 383 * * * * * CDLIS driver record in accordance with Administrative practice and (3) Maintaining the medical certification status of ‘‘certified.’’ (i) paragraph (o) of this section. procedure, Alcohol abuse, Drug abuse, (ii) On or after June 23, 2025, for Highway safety, Motor carriers Before June 23, 2025, in order to maintain a medical certification status drivers who certified their type of 49 CFR Part 384 of ‘‘certified,’’ a CLP or CDL holder who driving according to § 383.71(b)(1)(i) (non-excepted interstate) and, if FMCSA Administrative practice and certifies that he/she will operate CMVs in non-excepted, interstate commerce provides current medical examiner’s procedure, Alcohol abuse, Drug abuse, certificate information electronically, Highway safety, Motor carriers must provide the State with an original or copy (as required by the State) of post all required information matching 49 CFR Part 391 each subsequently issued medical the medical examiner’s certificate to the Alcohol abuse, Drug abuse, Drug examiner’s certificate; CDLIS driver record in accordance with testing, Highway safety, Motor carriers, (ii) On or after June 23, 2025, in order paragraph (o) of this section. Reporting and recordkeeping to maintain a medical certification * * * * * requirements, Safety, Transportation. status of ‘‘certified,’’ a CLP or CDL (o) * * * In consideration of the foregoing, holder who certifies that he/she will (1)(i) Status of CLP or CDL holder. FMCSA amends 49 CFR subtitle B, operate CMVs in non-excepted, Before June 23, 2025, for each operator chapter III, parts 383, 384, and 391 to interstate commerce must continue to be of a commercial motor vehicle required read as follows: medically examined and certified in to have a CLP or CDL, the current accordance with 49 CFR 391.43 as licensing State must: PART 383—COMMERCIAL DRIVER’S physically qualified to operate a * * * * * LICENSE STANDARDS; commercial motor vehicle by a medical (ii) Status of CLP or CDL holder. On REQUIREMENTS AND PENALTIES examiner, as defined in 49 CFR 390.5. or after June 23, 2025, for each operator FMCSA will provide the State with an of a commercial motor vehicle required ■ 1. The authority citation for part 383 electronic copy of the medical to have a CLP or CDL, the current continues to read as follows: examiner’s certificate information for all licensing State must: Authority: 49 U.S.C. 521, 31136, 31301 et subsequent medical examinations in * * * * * seq., and 31502; secs. 214 and 215 of Pub. L. which the driver has been deemed (2) Status update. (i) Before June 23, 106–159, 113 Stat. 1748, 1766, 1767; sec. qualified. 2025, the State must, within 10 calendar 1012(b) of Pub. L. 107–56, 115 Stat. 272, 297, ■ days of the driver’s medical examiner’s sec. 4140 of Pub. L. 109–59, 119 Stat. 1144, 3. Amend § 383.73 by revising 1746; sec. 32934 of Pub. L. 112–141, 126 Stat. paragraphs (a)(2)(vii), (b)(5), (o)(1)(i) certificate or medical variance expiring, 405, 830; secs. 5401 and 7208 of Pub. L. 114– introductory text, (o)(1)(ii) introductory the medical variance being rescinded or 94, 129 Stat. 1312, 1546, 1593; and 49 CFR text, (o)(2), (o)(3), (o)(4)(i)(A), and the medical examiner’s certificate being 1.87. (o)(4)(ii) to read as follows: voided by FMCSA, update the medical ■ certification status of that driver as ‘‘not 2. Amend § 383.71 by revising § 383.73 State procedures. paragraphs (h)(1) and (3) to read as certified.’’ follows: (a) * * * (ii) On or after June 23, 2025, the State (2) * * * must, within 10 calendar days of the § 383.71 Driver application and (vii)(A) Before June 23, 2025, for driver’s medical examiner’s certificate certification procedures. drivers who certified their type of or medical variance expiring, the * * * * * driving according to § 383.71(b)(1)(i) medical examiner’s certificate becoming (h) * * * (non-excepted interstate) and, if the CLP invalid, the medical variance being

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rescinded, or the medical examiner’s operating in non-excepted interstate Certified Medical Examiners as of the certificate being voided by FMCSA, commerce as required by § 383.71(h) date of medical examiner’s certificate update the medical certification status and the information required by issuance. of that driver as ‘‘not certified.’’ paragraph (o)(2)(ii) of this section is not * * * * * (3) Variance update. (i) Before June received and posted, the State must (C) Exception. Beginning on January 23, 2025, within 10 calendar days of mark that CDLIS driver record as ‘‘not- 30, 2015, and through June 22, 2025, if receiving information from FMCSA certified’’ and initiate a CLP or CDL the driver provided the motor carrier regarding issuance or renewal of a downgrade following State procedures with a copy of the current medical medical variance for a driver, the State in accordance with paragraph examiner’s certificate that was must update the CDLIS driver record to (o)(4)(i)(B) of this section. submitted to the State in accordance include the medical variance * * * * * with § 383.73(b)(5) of this chapter, the information provided by FMCSA. motor carrier may use a copy of that (ii) On or after June 23, 2025, within PART 384—STATE COMPLIANCE medical examiner’s certificate as proof 1 business day of electronically WITH COMMERCIAL DRIVER’S of the driver’s medical certification for receiving medical variance information LICENSE PROGRAM up to 15 days after the date it was from FMCSA regarding the issuance or issued. ■ 4. The authority citation for part 384 renewal of a medical variance for a * * * * * continues to read as follows: driver, the State must update the CDLIS (3) * * * driver record to include the medical Authority: 49 U.S.C. 31136, 31301, et seq., (i) * * * variance information provided by and 31502; secs. 103 and 215 of Pub. L. 106– (B)(1) Through June 22, 2025, that the FMCSA. 59, 113 Stat. 1753, 1767; sec. 32934 of Pub. driver was certified by a medical (4) * * * L. 112–141, 126 Stat. 405, 830; secs. 5401 and examiner listed on the National Registry (i) * * * 7208 of Pub. L. 114–94, 129 Stat. 1312, 1546, 1593 and 49 CFR 1.87. of Certified Medical Examiners as of the (A)(1) Before June 23, 2025, notify the date of medical examiner’s certificate CLP or CDL holder of his/her CLP or ■ 5. Amend § 384.301 by revising issuance. CDL ‘‘not-certified’’ medical paragraph (i) to read as follows: * * * * * certification status and that the CMV (C) Through June 22, 2025, if the privileges will be removed from the CLP § 384.301 Substantial compliance-general requirements. driver provided the motor carrier with or CDL unless the driver submits a a copy of the current medical current medical examiner’s certificate * * * * * (i) A State must come into substantial examiner’s certificate that was and/or medical variance, or changes his/ submitted to the State in accordance her self-certification to driving only in compliance with the requirements of subpart B of this part and part 383 of with § 383.73(a)(2)(vii) of this chapter, excepted or intrastate commerce (if the motor carrier may use a copy of that permitted by the State); this chapter in effect as of June 22, 2015, as soon as practical, but, unless medical examiner’s certificate as proof (2) On or after June 23, 2025, notify of the driver’s medical certification for the CLP or CDL holder of his/her CLP otherwise specifically provided in this part, not later than June 23, 2025. up to 15 days after the date it was or CDL ‘‘not-certified’’ medical issued. certification status and that the CMV * * * * * privileges will be removed from the CLP * * * * * or CDL unless the driver has been PART 391—QUALIFICATIONS OF ■ 8. Amend § 391.41 by revising medically examined and certified in DRIVERS AND LONGER paragraphs (a)(2)(i) and (ii), to read as accordance with 49 CFR 391.43 as COMBINATION VEHICLE (LCV) follows: DRIVER INSTRUCTORS physically qualified to operate a § 391.41 Physical qualifications for commercial motor vehicle by a medical ■ 6. The authority citation for part 391 drivers. examiner, as defined in 49 CFR 390.5, continues to read as follows: (a) * * * or the driver changes his/her self- (2) * * * certification to driving only in excepted Authority: 49 U.S.C. 504, 508, 31133, (i)(A) Beginning on January 30, 2015 31136, 31149, and 31502; sec. 4007(b), Pub. or intrastate commerce (if permitted by and through June 22, 2025, a driver the State). L. 102–240, 105 Stat. 1914, 2152; sec. 114, Pub. L. 103–311, 108 Stat. 1673, 1677; sec. required to have a commercial driver’s * * * * * 215, Pub. L. 106–159, 113 Stat. 1748, 1767; license under part 383 of this chapter, (ii)(A) Before June 23, 2025, if a driver sec. 32934, Pub. L. 112–141, 126 Stat. 405, and who submitted a current medical fails to provide the State with the 830; secs. 5403 and 5524, Pub. L. 114–94, 129 examiner’s certificate to the State in certification contained in § 383.71(b)(1), Stat. 1312, 1548, 1560; sec. 2, Pub. L. 115– accordance with 49 CFR 383.71(h) or a current medical examiner’s 105, 131 Stat. 2263; and 49 CFR 1.87. documenting that he or she meets the certificate if the driver self-certifies ■ 7. Amend § 391.23 by revising physical qualification requirements of according to § 383.71(b)(1)(i) that he/she paragraphs (m)(2)(i)(B)(1), (m)(2)(i)(C), this part, no longer needs to carry on his is operating in non-excepted interstate (m)(3)(i)(B)(1) and (m)(3)(i)(C), to read as or her person the medical examiner’s commerce as required by § 383.71(h), follows: certificate specified at § 391.43(h), or a the State must mark that CDLIS driver copy, for more than 15 days after the record as ‘‘not-certified’’ and initiate a § 391.23 Investigation and inquiries. date it was issued as valid proof of CLP or CDL downgrade following State * * * * * medical certification. procedures in accordance with (m) * * * (B) On or after June 23, 2025, a driver paragraph (o)(4)(i)(B) of this section. (2) * * * required to have a commercial driver’s (B) On or after June 23, 2025, if a (i) * * * license or a commercial learner’s permit driver fails to provide the State with the (B)(1) Beginning on May 21, 2014, and under 49 CFR part 383, and who has a certification contained in § 383.71(b)(1), through June 22, 2025, that the driver current medical examiner’s certificate or, if the driver self-certifies according was certified by a medical examiner documenting that he or she meets the to § 383.71(b)(1)(i) that he/she is listed on the National Registry of physical qualification requirements of

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this part, no longer needs to carry on his ■ 10. Amend § 391.45 by revising DEPARTMENT OF COMMERCE or her person the medical examiner’s paragraph (g) to read as follows: certificate specified at § 391.43(h). National Oceanic and Atmospheric (ii) Beginning on July 8, 2015, and § 391.45 Persons who must be medically Administration through June 22, 2025, a driver required examined and certified. to have a commercial learner’s permit * * * * * 50 CFR Part 648 under part 383 of this chapter, and who (g) On or after June 23, 2025, any [RTID 0648–XB117] submitted a current medical examiner’s person found by a medical examiner not certificate to the State in accordance to be physically qualified to operate a Fisheries of the Northeastern United with § 383.71(h) of this chapter commercial motor vehicle under the States; Summer Flounder Fishery; documenting that he or she meets the provisions of paragraph (g)(3) of Quota Transfers From NC to MA and physical qualification requirements of § 391.43. VA to NJ this part, no longer needs to carry on his or her person the medical examiner’s ■ 11. Amend § 391.51 by revising AGENCY: National Marine Fisheries certificate specified at § 391.43(h), or a paragraphs (b)(7)(ii) and (b)(9)(ii) to read Service (NMFS), National Oceanic and copy for more than 15 days after the as follows: Atmospheric Administration (NOAA), date it was issued as valid proof of Commerce. medical certification. § 391.51 General requirements for driver ACTION: Notification of quota transfer. qualification files. * * * * * SUMMARY: * * * * * NMFS announces that the ■ 9. Amend § 391.43 by revising State of North Carolina and the paragraphs (g)(2) and (3) to read as (b) * * * Commonwealth of Virginia are follows: (7) * * * transferring a portion of their 2021 § 391.43 Medical examination; certificate (ii) For CDL holders, beginning commercial summer flounder quota to of physical examination. January 30, 2012, if the CDLIS motor the Commonwealth of Massachusetts and to the State of New Jersey, * * * * * vehicle record contains medical respectively. This adjustment to the (g) * * * certification status information, the 2021 fishing year quota is necessary to (2)(i) Before June 23, 2025, if the motor carrier employer must meet this comply with the Summer Flounder, medical examiner finds that the person requirement by obtaining the CDLIS Scup, and Black Sea Bass Fishery examined is physically qualified to motor vehicle record defined at Management Plan quota transfer operate a commercial motor vehicle in § 384.105 of this chapter. That record provisions. This announcement informs accordance with § 391.41(b), he or she must be obtained from the current the public of the revised 2021 must complete a certificate in the form licensing State and placed in the driver commercial quotas for North Carolina, prescribed in paragraph (h) of this qualification file. After January 30, Massachusetts, Virginia, and New section and furnish the original to the 2015, a non-excepted, interstate CDL Jersey. person who was examined. The holder without medical certification DATES: Effective June 21, 2021 through examiner must provide a copy to a status information on the CDLIS motor prospective or current employing motor December 31, 2021. vehicle record is designated ‘‘not- carrier who requests it. FOR FURTHER INFORMATION CONTACT: certified’’ to operate a CMV in interstate (ii) On or after June 23, 2025, if the Laura Hansen, Fishery Management commerce. After January 30, 2015, and medical examiner identifies that the Specialist, (978) 281–9225. through June 22, 2025, a motor carrier person examined will not be operating SUPPLEMENTARY INFORMATION: may use a copy of the driver’s current a commercial motor vehicle that Regulations governing the summer medical examiner’s certificate that was requires a commercial driver’s license or flounder fishery are found in 50 CFR submitted to the State for up to 15 days a commercial learner’s permit and finds 648.100 through 648.110. These from the date it was issued as proof of that the driver is physically qualified to regulations require annual specification operate a commercial motor vehicle in medical certification. of a commercial quota that is accordance with § 391.41(b), he or she * * * * * apportioned among the coastal states must complete a certificate in the form (9) * * * from Maine through North Carolina. The prescribed in paragraph (h) of this process to set the annual commercial (ii) Through June 22, 2025, for drivers section and furnish the original to the quota and the percent allocated to each required to have a CDL, a note relating person who was examined. The state is described in § 648.102 and final examiner must provide a copy to a to verification of medical examiner 2021 allocations were published on prospective or current employing motor listing on the National Registry of December 21, 2020 (85 FR 82946). carrier who requests it. Certified Medical Examiners required by The final rule implementing (3) On or after June 23, 2025, if the § 391.23(m)(2). Amendment 5 to the Summer Flounder medical examiner finds that the person * * * * * Fishery Management Plan (FMP), as examined is not physically qualified to Issued under authority delegated in published in the Federal Register on operate a commercial motor vehicle in 49 CFR 1.87. December 17, 1993 (58 FR 65936), accordance with § 391.41(b), he or she provided a mechanism for transferring must inform the person examined that Meera Joshi, summer flounder commercial quota he or she is not physically qualified, Deputy Administrator. from one state to another. Two or more and that this information will be [FR Doc. 2021–13177 Filed 6–21–21; 8:45 am] states, under mutual agreement and reported to FMCSA. All medical BILLING CODE 4910–EX–P with the concurrence of the NMFS examiner’s certificates previously issued Greater Atlantic Regional Administrator, to the person are not valid and no longer can transfer or combine summer satisfy the requirements of § 391.41(a). flounder commercial quota under * * * * * § 648.102(c)(2). The Regional

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