Medical Certification Requirements as Part of the Commercial Driver's License (CDL); Extension of Certificate Retention Requirements |
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Topics: Federal Motor Carrier Safety Administration
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Anne S. Ferro
Federal Register
June 14, 2011
[Federal Register Volume 76, Number 114 (Tuesday, June 14, 2011)]
[Proposed Rules]
[Pages 34635-34638]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-14653]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 391
[Docket No. FMCSA-1997-2210]
RIN 2126-AB39
Medical Certification Requirements as Part of the Commercial
Driver's License (CDL); Extension of Certificate Retention Requirements
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FMCSA proposes to keep in effect until January 30, 2014,
the requirement that interstate drivers subject to the commercial
driver's license (CDL) regulations and the Federal physical
qualification requirements must retain a paper copy of the medical
examiner's certificate. Interstate motor carriers would also be
[[Page 34636]]
required to retain a copy of the medical certificate in the driver
qualification files. This action is being taken to ensure the medical
qualification of CDL holders until all States are able to post the
medical self-certification and medical examiner's certificate data on
the Commercial Driver's License Information System (CDLIS) driver
record. This proposed rule would not, however, extend the mandatory
dates for States to comply with the requirement to collect and to post
to the CDLIS driver record data from a CDL holder's medical self-
certification and medical examiner's certificate.
DATES: Comments must be received on or before June 29, 2011.
ADDRESSES: You may submit comments identified by Docket Number FMCSA-
1997-2210 using any one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
Fax: 1-202-493-2251.
Mail: 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.
Hand Delivery: Same as mail address above, between 9 a.m.
and 5 p.m., ET, Monday through Friday, except Federal holidays. The
telephone number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
All submissions must include the Agency name and docket number for this
notice. See the ``Public Participation'' heading below for instructions
on submitting comments and additional information.
Note that all comments received, including any personal information
provided, will be posted without change to http://www.regulations.gov.
Please see the ``Privacy Act'' heading below.
Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov at any time or to
Room W12-140 on the ground floor of the DOT Headquarters Building at
1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m.,
ET, Monday through Friday, except Federal holidays.
Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
Privacy Act System of Records Notice for the DOT Federal Docket
Management System published in the Federal Register on January 17,
2008, (73 FR 3316) or you may visit http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.
Public Participation: The http://www.regulations.gov Web site is
generally available 24 hours each day, 365 days each year. You can get
electronic submission and retrieval help and guidelines under the
``help'' section of the http://www.regulations.gov Web site. Comments
received after the comment closing date will be included in the docket,
and will be considered to the extent practicable.
FOR FURTHER INFORMATION CONTACT: Mr. Robert Redmond, Senior
Transportation Specialist, Office of Safety Programs, Commercial
Driver's License Division (MC-ESL), Federal Motor Carrier Safety
Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590;
telephone (202) 366-5014.
SUPPLEMENTARY INFORMATION:
Legal Basis
Medical Certification Requirements as Part of the CDL
The legal basis of the final rule titled ``Medical Certification
Requirements as Part of the Commercial Driver's License,'' issued on
December 1, 2008, (73 FR 73096-73097) is also applicable to this rule.
Background
On December 1, 2008, FMCSA published a final rule adopting
regulations to implement section 215 of the Motor Carrier Safety
Improvement Act of 1999 (Pub. L. 106-159, 113 Stat. 1767 (Dec. 9,
1999)) (MCSIA). The 2008 final rule requires any CDL holder subject to
the physical qualification requirements of the Federal Motor Carrier
Safety Regulations (FMCSRs) to provide a current original or copy of
his or her medical examiner's certificate to the issuing State Driver
Licensing Agency (SDLA). The Agency also requires the SDLA to post in
the CDLIS driver record the self-certification that CDL holders are
required to make regarding applicability of the Federal physical
qualification requirements and, for drivers subject to those
requirements, the medical certification information specified in the
regulations. Other conforming requirements for both SDLAs and employers
also were implemented (73 FR 73096-73128). These requirements, for the
most part, have a compliance date of January 30, 2012. On May 21, 2010,
the Agency published several technical amendments to the 2008 final
rule to make certain corrections and to address certain petitions for
reconsideration of the same final rule (75 FR 28499-28502).
Several SDLAs have recently advised the Agency that they may not
have the capability by January 30, 2012, to receive the required
medical certification and medical examiner's certificate information
provided by a non-excepted, interstate CDL holder, and then manually
post it to the CDLIS driver record. Inability of an SDLA to receive the
required material would render both the CDL holder and his or her
employer unable to demonstrate or verify, respectively, that the driver
is medically certified in compliance with the FMCSRs.
Discussion of the Proposed Rule
The FMCSA proposes to maintain in effect until January 30, 2014,
the requirement for an interstate CDL holder subject to the Federal
physical qualification standards to carry a paper copy of the driver's
medical examiner's certificate. Until January 30, 2014, a CDL holder
would continue to carry on his or her person the medical examiner's
certificate specified at Sec. 391.43(h), or a copy, as valid proof of
medical certification. Also, interstate motor carriers that employ CDL
holders would need to continue to obtain and file a copy of the CDL
holder's medical examiner's certificate in its driver qualification
files, as specified at Sec. 391.51(b)(7), if the motor carrier is
unable to obtain that information from the SDLA issuing the CDL to the
driver. This action is being proposed to ensure the medical
qualification of CDL holders until all States are able to post the
medical self-certification and medical examiner's certificate data on
the CDLIS driver record.
There is no change in the compliance dates for SDLAs established in
the 2008 final rule. SDLAs are expected to meet the January 30, 2012,
date to start collecting from CDL applicants and posting and retaining
this data on the CDLIS driver record and, in addition, to collect and
post the same data from all existing CDL holders by the January 30,
2014, compliance date. The Agency believes that extending the
requirement to retain the paper copy of the medical examiner's
certificate by both the interstate CDL holder and the motor carriers
for 2 years will provide sufficient time for them to be sure that all
SDLAs will be obtaining the medical status and medical examiner's
certificate information and posting it on the driver's CDLIS driver
record.
[[Page 34637]]
Rulemaking Analyses and Notices
Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures
The FMCSA has determined that this proposed action is not a
significant regulatory action within the meaning of Executive Order
(E.O.) 12866, as supplemented by E.O. 13563, 76 FR 3821 (Jan. 21,
2011), or within the meaning of the Department of Transportation
regulatory policies and procedures. Therefore, the Agency was not
required to submit this regulatory action to the Office of Management
and Budget (OMB). The changes proposed in this NPRM would have minimal
costs; therefore, a full regulatory evaluation is unnecessary.
Regulatory Flexibility Act
In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-
612), FMCSA has evaluated the effects of this rule on small entities.
The rule extends until January 30, 2014, the existing requirement for
interstate CDL holders subject to Federal physical qualifications
requirements and their employers to retain a copy of the medical
examiner's certificate. Because extending the current requirement would
not materially impact small entities more than the current regulations,
FMCSA certifies that this proposed action would not have a significant
economic impact on a substantial number of small entities.
Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by State, local, and Tribal governments, in
the aggregate, or by the private sector, of $141.3 million (which is
the value in 2011 of $100 million after adjusting for inflation) or
more in any 1 year. The FMCSA has determined that the impact of this
proposed rulemaking will not reach this threshold.
Executive Order 12988 (Civil Justice Reform)
This action meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Executive Order 13045 (Protection of Children)
The FMCSA analyzed this action under Executive Order 13045,
Protection of Children From Environmental Health Risks and Safety
Risks. We determined that this proposed rulemaking does not concern an
environmental risk to health or safety that may disproportionately
affect children.
Executive Order 12630 (Taking of Private Property)
This proposed rulemaking does not affect a taking of private
property or otherwise have taking implications under Executive Order
12630, Governmental Actions and Interference With Constitutionally
Protected Property Rights.
Executive Order 13132 (Federalism)
The FMCSA analyzed this proposed rule in accordance with the
principles and criteria contained in Executive Order 13132. Although
the 2008 final rule had Federalism implications, FMCSA determined that
it did not create a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. This proposed rulemaking does not change that determination
in any way.
Executive Order 12372 (Intergovernmental Review)
The regulations implementing Executive Order 12372 regarding
intergovernmental consultation on Federal programs and activities do
not apply to this action.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that FMCSA consider the impact of paperwork and other information
collection burdens imposed on the public. We have determined that no
new information collection requirements are associated with the
proposed amendments in this NPRM.
National Environmental Policy Act
The FMCSA analyzed this proposed rule for the purpose of the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
determined under our environmental procedures Order 5610.1, published
March 1, 2004, (69 FR 9680) that this proposed action does not have any
significant impact on the environment. In addition, the proposed
actions in this NPRM are categorically excluded from further analysis
and documentation as per paragraph 6.b of Appendix 2 of FMCSA's Order
5610.1. The FMCSA also analyzed this proposed rule under the Clean Air
Act, as amended (CAA), section 176(c) (42 U.S.C. 7401 et seq.), and
implementing regulations promulgated by the Environmental Protection
Agency. This action is exempt from the CAA's general conformity
requirement since the action results in no increase in emissions.
Executive Order 13211 (Energy Effects)
The FMCSA analyzed this proposed action under Executive Order
13211, Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use. We determined that it is not a
``significant energy action'' under that Executive Order because it is
not economically significant and is not likely to have an adverse
effect on the supply, distribution, or use of energy.
List of Subjects in 49 CFR Part 391
Motor carriers, Reporting and recordkeeping requirements, Safety.
In consideration of the foregoing, FMCSA proposes to amend title
49, Code of Federal Regulations, Chapter III as follows:
PART 391--QUALIFICATIONS OF DRIVERS AND LONGER COMBINATION VEHICLE
(LCV) DRIVER INSTRUCTORS
1. The authority citation for part 391 continues to read as
follows:
Authority: 49 U.S.C. 322, 504, 508, 31133, 31136, and 31502;
sec. 4007(b) of Pub. L. 102-240, 105 Stat. 2152; sec. 114 of Pub. L.
103-311, 108 Stat. 1673, 1677; sec. 215 of Pub. L. 106-159, 113
Stat. 1767; and 49 CFR 1.73.
2. Amend Sec. 391.23 by revising (m)(2) introductory text,
(m)(2)(i) to read as follows:
Sec. 391.23 Investigation and inquiries.
* * * * *
(m) * * *
(2) Exception. For drivers required to have a commercial driver's
license under part 383 of this chapter:
(i) Beginning January 30, 2014, using the CDLIS motor vehicle
record obtained from the current licensing State, the motor carrier
must verify and document in the driver qualification file the following
information before allowing the driver to operate a CMV:
* * * * *
(ii) Until January 30, 2014, if a driver operating in non-excepted,
interstate commerce has no medical certification status information on
the CDLIS MVR obtained from the current State driver licensing agency,
the employing motor carrier may accept a medical examiner's certificate
issued to that driver, and
[[Page 34638]]
place a copy of it in the driver qualification file before allowing the
driver to operate a CMV in interstate commerce.
3. Revise Sec. 391.41(a)(2)(i) to read as follows:
Sec. 391.41 Physical qualifications for drivers.
(a) * * *
(2) * * *
(i) Beginning January 30, 2014, a driver required to have a
commercial driver's license under part 383 of this chapter, and who
submitted a current medical examiner's certificate to the State in
accordance with Sec. 383.71(h) of this chapter 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 examiner's
certificate specified at Sec. 391.43(h), or a copy for more than 15
days after the date it was issued as valid proof of medical
certification.
* * * * *
Issued on: June 8, 2011.
Anne S. Ferro,
Administrator, Federal Motor, Carrier Safety Administration.
[FR Doc. 2011-14653 Filed 6-13-11; 8:45 am]
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