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Federal Register / Vol. 86, No. 117 / Tuesday, June 22, 2021 / Rules and Regulations
rescinded, or the medical examiners certificate being voided by FMCSA, update the medical certification status of that driver as not certified.
3 Variance update. i Before June 23, 2025, within 10 calendar days of receiving information from FMCSA
regarding issuance or renewal of a medical variance for a driver, the State must update the CDLIS driver record to include the medical variance information provided by FMCSA.
ii On or after June 23, 2025, within 1 business day of electronically receiving medical variance information from FMCSA regarding the issuance or renewal of a medical variance for a driver, the State must update the CDLIS
driver record to include the medical variance information provided by FMCSA.
4
i
A1 Before June 23, 2025, notify the CLP or CDL holder of his/her CLP or CDL not-certified medical certification status and that the CMV
privileges will be removed from the CLP
or CDL unless the driver submits a current medical examiners certificate and/or medical variance, or changes his/
her self-certification to driving only in excepted or intrastate commerce if permitted by the State;
2 On or after June 23, 2025, notify the CLP or CDL holder of his/her CLP
or CDL not-certified medical certification status and that the CMV
privileges will be removed from the CLP
or CDL unless the driver has been medically examined and certified in accordance with 49 CFR 391.43 as physically qualified to operate a commercial motor vehicle by a medical examiner, as defined in 49 CFR 390.5, or the driver changes his/her selfcertification to driving only in excepted or intrastate commerce if permitted by the State.

iiA Before June 23, 2025, if a driver fails to provide the State with the certification contained in 383.71b1, or a current medical examiners certificate if the driver self-certifies according to 383.71b1i that he/she is operating in non-excepted interstate commerce as required by 383.71h, the State must mark that CDLIS driver record as not-certified and initiate a CLP or CDL downgrade following State procedures in accordance with paragraph o4iB of this section.
B On or after June 23, 2025, if a driver fails to provide the State with the certification contained in 383.71b1, or, if the driver self-certifies according to 383.71b1i that he/she is
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operating in non-excepted interstate commerce as required by 383.71h and the information required by paragraph o2ii of this section is not received and posted, the State must mark that CDLIS driver record as notcertified and initiate a CLP or CDL
downgrade following State procedures in accordance with paragraph o4iB of this section.

PART 384STATE COMPLIANCE
WITH COMMERCIAL DRIVERS
LICENSE PROGRAM
4. The authority citation for part 384
continues to read as follows:

Authority: 49 U.S.C. 31136, 31301, et seq., and 31502; secs. 103 and 215 of Pub. L. 106
59, 113 Stat. 1753, 1767; sec. 32934 of Pub.
L. 112141, 126 Stat. 405, 830; secs. 5401 and 7208 of Pub. L. 11494, 129 Stat. 1312, 1546, 1593 and 49 CFR 1.87.

5. Amend 384.301 by revising paragraph i to read as follows:

384.301 Substantial compliance-general requirements.

i A State must come into substantial compliance with the requirements of subpart B of this part and part 383 of this chapter in effect as of June 22, 2015, as soon as practical, but, unless otherwise specifically provided in this part, not later than June 23, 2025.

PART 391QUALIFICATIONS OF
DRIVERS AND LONGER
COMBINATION VEHICLE LCV
DRIVER INSTRUCTORS
6. The authority citation for part 391
continues to read as follows:

Authority: 49 U.S.C. 504, 508, 31133, 31136, 31149, and 31502; sec. 4007b, Pub.
L. 102240, 105 Stat. 1914, 2152; sec. 114, Pub. L. 103311, 108 Stat. 1673, 1677; sec.
215, Pub. L. 106159, 113 Stat. 1748, 1767;
sec. 32934, Pub. L. 112141, 126 Stat. 405, 830; secs. 5403 and 5524, Pub. L. 11494, 129
Stat. 1312, 1548, 1560; sec. 2, Pub. L. 115
105, 131 Stat. 2263; and 49 CFR 1.87.

7. Amend 391.23 by revising paragraphs m2iB1, m2iC, m3iB1 and m3iC, to read as follows:

391.23

Investigation and inquiries.

m
2
i
B1 Beginning on May 21, 2014, and through June 22, 2025, that the driver was certified by a medical examiner listed on the National Registry of
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Certified Medical Examiners as of the date of medical examiners certificate issuance.

C Exception. Beginning on January 30, 2015, and through June 22, 2025, if the driver provided the motor carrier with a copy of the current medical examiners certificate that was submitted to the State in accordance with 383.73b5 of this chapter, the motor carrier may use a copy of that medical examiners certificate as proof of the drivers medical certification for up to 15 days after the date it was issued.

3
i
B1 Through June 22, 2025, that the driver was certified by a medical examiner listed on the National Registry of Certified Medical Examiners as of the date of medical examiners certificate issuance.

C Through June 22, 2025, if the driver provided the motor carrier with a copy of the current medical examiners certificate that was submitted to the State in accordance with 383.73a2vii of this chapter, the motor carrier may use a copy of that medical examiners certificate as proof of the drivers medical certification for up to 15 days after the date it was issued.

8. Amend 391.41 by revising paragraphs a2i and ii, to read as follows:
391.41
drivers.

Physical qualifications for
a
2
iA Beginning on January 30, 2015
and through June 22, 2025, a driver required to have a commercial drivers license under part 383 of this chapter, and who submitted a current medical examiners certificate to the State in accordance with 49 CFR 383.71h documenting that he or she meets the physical qualification requirements of this part, no longer needs to carry on his or her person the medical examiners certificate specified at 391.43h, or a copy, for more than 15 days after the date it was issued as valid proof of medical certification.
B On or after June 23, 2025, a driver required to have a commercial drivers license or a commercial learners permit under 49 CFR part 383, and who has a current medical examiners certificate documenting that he or she meets the physical qualification requirements of
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