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

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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 MAP21
Pub. L. 112141, 126 Stat. 405, 83031, 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 2i and ii appear to conflict with the provision in section 32934c1 explicitly allowing the CFV exemption for articulated including combination vehicles.
Therefore, in paragraphs 2i 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 32934c1 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.

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U. Section 391.41b Physical Qualifications for Drivers In 391.41b, FMCSA corrects the punctuation by changing the ending punctuation in paragraphs b2ii and b4 and b11 from periods to semicolons. In paragraph b12i, the Agency changes the ending punctuation from a period to a semicolon and inserts the conjunction or. In paragraph b12ii, 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 391.64a 1 year after the effective date of the rule on November 19, 2019 83 FR 47521.
Section 391.64a required an annual examination by an endocrinologist.
Because 391.64a 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, MCSA5875, 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 examiners 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 drivers 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
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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 g4, 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 391.64a 1 year after the effective date of the rule on November 19, 2019 83 FR
47521. Because 391.64a was eliminated on November 19, 2019, the reference to the diabetes waiver study program in the section title is obsolete.

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