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Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Rules and Regulations gross vehicle weight or gross combination weight, whichever is greater, of 26,001 pounds or less may utilize the exemptions in 390.39
anywhere in the United States; or ii With a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, whichever is greater, of more than 26,001 pounds may utilize the exemptions in 390.39
anywhere in the State of registration or across State lines within 150 air miles of the farm or ranch with respect to which the vehicle is being operated.

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

Authority: 49 U.S.C. 504, 508, 31133, 31136, 31149, 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.

29. Amend 391.41 by revising paragraphs b2ii and b4, 11, and 12 to read as follows:

391.41
drivers.

Physical qualifications for

b
2
ii An arm, foot, or leg which interferes with the ability to perform normal tasks associated with operating a commercial motor vehicle; or any other significant limb defect or limitation which interferes with the
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ability to perform normal tasks associated with operating a commercial motor vehicle; or has been granted a skill performance evaluation certificate pursuant to 391.49;

4 Has no current clinical diagnosis of myocardial infarction, angina pectoris, coronary insufficiency, thrombosis, or any other cardiovascular disease of a variety known to be accompanied by syncope, dyspnea, collapse, or congestive cardiac failure;

11 First perceives a forced whispered voice in the better ear at not less than 5 feet with or without the use of a hearing aid or, if tested by use of an audiometric device, does not have an average hearing loss in the better ear greater than 40 decibels at 500 Hz, 1,000
Hz, and 2,000 Hz with or without a hearing aid when the audiometric device is calibrated to American National Standard formerly ASA
Standard Z24.51951;
12i Does not use any drug or substance identified in 21 CFR 1308.11
Schedule I, an amphetamine, a narcotic, or other habit-forming drug; or ii Does not use any non-Schedule I
drug or substance that is identified in the other Schedules in 21 CFR part 1308
except when the use is prescribed by a licensed medical practitioner, as defined in 382.107 of this chapter, who is familiar with the drivers medical history and has advised the driver that the substance will not adversely affect the drivers ability to safely operate a commercial motor vehicle; and

30. Amend 391.43 by revising paragraphs e and g4 to read as follows:

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391.43 Medical examination; certificate of physical examination.

e Any driver operating under a limited exemption authorized by 391.64 shall furnish the medical examiner with a copy of the annual medical findings of the ophthalmologist or optometrist, as required under 391.64. If the medical examiner finds the driver qualified under the limited exemption in 391.64, such fact shall be noted on the Medical Examiners Certificate.

g
4 Beginning December 22, 2015, if the medical examiner finds that the determination of whether the person examined is physically qualified to operate a commercial motor vehicle in accordance with 391.41b should be delayed to receive additional information or to conduct further examination in order for the medical examiner to make such determination, he or she must inform the person examined that the additional information must be provided or the further examination completed within 45 days, and that the pending status of the examination will be reported to FMCSA.

31. Effective September 7, 2021, further amend 391.43 by revising paragraph f to read as follows:
391.43 Medical examination; certificate of physical examination.

f The medical examination shall be performed, and its results shall be recorded on the Medical Examination Report Form, MCSA5875, set out in this paragraph f:
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