Federal Register - June 22, 2021
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Fuente: Federal Register
Federal Register / Vol. 86, No. 117 / Tuesday, June 22, 2021 / Rules and Regulations same amount of time allowed for this activity in the 2015 final rule and the 2018 IFR.
V. Discussion of Proposed Rulemaking and Comments A. Background and Proposed Rulemaking The SNPRM proposed delaying the compliance date through June 22, 2025, specifically proposing that:
Certified MEs continue issuing MECs to qualified CLP/CDL applicants/
holders;
CLP/CDL applicants/holders continue to provide the SDLA a copy of their MEC;
Motor carriers continue verifying that drivers were certified by an ME
listed on the National Registry; and SDLAs continue processing paper copies of MECs they receive from CLP/
CDL applicants/holders.
In the previous 2018 IFR, FMCSA did not delay the requirement for MEs performing physical examinations of CMV drivers to report results of all CMV
drivers physical examinations to FMCSA by midnight local time of the next calendar day following the examination. MEs submission of reports by midnight of the next calendar
day also allows FMCSA to begin electronically transmitting this important safety data to each State when that State is ready to receive the information, thereby providing States additional flexibility to implement the provisions of this rulemaking at their own pace. In the SNPRM, FMCSA stated that it believed some States may be prepared to receive this data ahead of the June 23, 2025, date to take advantage of the efficiencies and added security the new process affords.
When FMCSA is ready to begin electronically transmitting MEC
information from the National Registry, and an SDLA is ready to begin receiving this information electronically from the National Registry, FMCSA will work with the SDLA involved on the most appropriate means to use such electronic transmissions. In the SNPRM, FMCSA stated that, under such circumstances, electronic transmission of the MEC information may be an acceptable means for CDL and CLP
holders to satisfy the requirement of providing the MEC to the SDLA. In order to avoid any uncertainty, provisions were previously added to the appropriate regulations stating that, in case of a conflict between the medical
certification information provided electronically by FMCSA and information on a paper version of the MEC, the electronic record will be controlling. The provisions in the regulations governing the handling of these matters under the current procedures will remain in effect through June 22, 2025, to ensure continued compliance by SDLAs and other affected stakeholders until the electronic transmission of MEC
information is operational for all SDLAs.
In the SNPRM, FMCSA stated that if any SDLAs begin receiving MEC
information from FMCSA prior to June 23, 2025, FMCSA and the SDLAs will make every effort to advise all stakeholders when such transmission begins. MEs listed on the National Registry, employers, and enforcement personnel both State and Federal will need to be made fully aware that some SDLAs may be following procedures different from the remaining States.
In 49 CFR parts 383, 384, and 391, FMCSA proposed changing the compliance dates of the rules as shown in the table below.
lotter on DSK11XQN23PROD with RULES1
TABLE 1DATE CHANGES
Section to be changed in Title 49 CFR:
Current compliance dates:
New compliance dates:
383.71 h1i
383.71 h1ii
383.71h3i
383.71h3ii
383.73 a2viiA
383.73 a2viiB
383.73b5i
383.73b5ii
383.73o1i
383.73o1ii
383.73o2i
383.73o2ii
383.73o3i
383.73o3ii
383.73o4iA1
383.73o4iA2
383.73o4iiA
383.73o4iiB
384.301i
391.23m2iB1
391.23m2iC
391.23m3iB1
391.23m3iC
391.41a2iA
391.41a2iB
391.41a2ii
391.43g2i
391.43g2ii
391.43g3
391.45g
391.51b7ii
391.51b9ii
June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June
June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June June
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