Guidance on Medical Examiner's Certification Integration Final Rule Regarding Use of Driver Examination Forms

T.F. Scott Darling, III
Federal Motor Carrier Safety Administration
December 21, 2015

[Federal Register Volume 80, Number 244 (Monday, December 21, 2015)]
[Rules and Regulations]
[Page 79273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32001]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 391

[Docket No. FMCSA-2012-0178]
RIN 2126-AB40


Guidance on Medical Examiner's Certification Integration Final 
Rule Regarding Use of Driver Examination Forms

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Guidance.

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SUMMARY: The FMCSA announces a 120-day grace period during which 
Medical Examiners may use either the current or the newly revised 
versions of the Medical Examination Report (MER) Form and Medical 
Examiner's Certificate (MEC). This period is from December 22, 2015, 
until April 20, 2016. This action is being taken to ensure that Medical 
Examiners have sufficient time to become familiar with the new forms 
and to program electronic medical records systems.

DATES: This guidance is effective December 21, 2015.

ADDRESSES: You may search background documents or comments to the 
docket for this rule, identified by docket number FMCSA-2012-0178, by 
visiting the:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for reviewing documents and comments. 
Regulations.gov is available electronically 24 hours each day, 365 days 
a year; or
     DOT Docket Management Facility (M-30): U.S. Department of 
Transportation (DOT), 1200 New Jersey Avenue SE., West Building, Ground 
Floor, Room 12-140, Washington, DC 20590-0001.

FOR FURTHER INFORMATION CONTACT: Ms. Christine Hydock, Chief, Medical 
Programs Division, Office of Policy, Federal Motor Carrier Safety 
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590 or by 
telephone (202) 366-4001. If you have questions on viewing material in 
the docket, contract Docket services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Legal Basis

    On April, 23, 2015, FMCSA published a final rule adopting 
regulations to facilitate the electronic transmission of MEC 
information from FMCSA's National Registry to the State driver's 
license agencies (SDLA) for holders of Commercial Driver's Licenses 
(CDL) and Commercial Learner's Permits (CLP). (80 FR 22790). On June 
22, 2015, FMCSA published a document correcting the effective date for 
use of new forms prescribed in the final rule to December 22, 2015. (80 
FR 35577). See 49 CFR 391.43(f)(1) and (2) and 391.43(h)(1) and (2).
    The final rule, as corrected, requires certified MEs performing 
physical examinations of CMV drivers to use a newly developed MER Form, 
MCSA-5875, in place of the current MER form, and for use of the newly 
developed MEC Form MCSA-5876 for the current MEC form, beginning on 
December 22, 2015.

II. Availability of New Forms

    On December 14, FMCSA posted the fillable pdf versions of the new 
driver examination forms. The Agency had planned to make the forms 
available prior to this date but experienced technical difficulties. As 
a result, FMCSA has received numerous requests from the public asking 
to have the effective date for use of the MER Form, MCSA-5875, and the 
MEC, MCSA-5876, to be delayed. FMCSA acknowledges that enforcement of 
this December 22, 2015, compliance date would not provide sufficient 
time for Medical Examiners to become familiar with the new driver 
examination forms and/or program electronic medical records systems. 
For this reason, FMCSA will provide a 120-day grace period during which 
Medical Examiners may use either the current or the newly revised 
versions of the Medical Examination Report Form and Medical Examiner's 
Certificate, which will be from December 22, 2015, until April 20, 
2016. Both sets of forms have been posted on the FMCSA Web site,\1\ and 
Medical Examiners have the option to use either set of forms from 
December 22, 2015 until April 20, 2016.
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    \1\ https://www.fmcsa.dot.gov/medical/driver-medical-requirements/medical-applications-and-forms.

    Issued on: December 16, 2015.
T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2015-32001 Filed 12-18-15; 8:45 am]
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