Medical Certification Requirements as Part of the CDL, 66723-66748 [E6-19246]

Agencies

• Federal Motor Carrier Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 71, Number 221 (Thursday, November 16, 2006)]
[Proposed Rules]
[Pages 66723-66748]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-19246]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 383, 384, 390, and 391

[Docket No. FMCSA-1997-2210]
RIN 2126-AA10


Medical Certification Requirements as Part of the CDL

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

ACTION: Notice of proposed rulemaking (NPRM); request for comments.

-----------------------------------------------------------------------

SUMMARY: FMCSA proposes to amend the Federal Motor Carrier Safety 
Regulations (FMCSRs) to merge information from the medical certificate 
into the Commercial Driver's License (CDL) process as required by 
section 215 of the Motor Carrier Safety Improvement Act of 1999 
(MCSIA). This NPRM would implement section 215 by requiring interstate 
CDL holders subject to the physical qualification requirements of the 
FMCSRs to provide a current original or copy of their medical 
examiner's certificates to their State Driver Licensing Agency (SDLA). 
It would also require the SDLA to record on the Commercial Driver 
License Information System (CDLIS) driver record the certification the 
driver made regarding applicability of 49 CFR part 391, and, for 
drivers subject to part 391, the medical status information proposed in 
this NPRM. The driver's certification as to the applicability of part 
391 and the specified medical certification status information would be 
made available to personnel authorized in 49 CFR part 384 via CDLIS and 
National Law Enforcement Telecommunication System (NLETS) electronic 
inquiries, and on the CDLIS motor vehicle record (CDLIS MVR) obtained 
by employers and drivers. CDL drivers would no longer be required to 
carry the medical examiner's certificate, because their certification 
status would be verified electronically.

DATES: Comments must be received by February 14, 2007.

ADDRESSES: You may submit comments identified by DOT DMS Docket Number 
FMCSA-1997-2210 by any of the following methods:
     Web site: https://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic site.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Federal eRulemaking Portal: Go to https://
www.regulations.gov. Follow the online instructions for submitting 
comments.
    Instructions: All submissions must include the Agency name and 
docket number or Regulatory Identification Number (RIN) for this 
rulemaking (RIN 2126-AA10). Note that all comments received will be 
posted without change to https://dms.dot.gov, including any personal 
information provided. Please refer to the Privacy Act heading for 
FURTHER INFORMATION CONTACT.
    Docket: For access to the docket to read background documents or 
comments received, go to https://dms.dot.gov at any time or to Room PL-
401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., 
Washington, DC, between 9 a.m. and 5 p.m., 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 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (65 FR 19477) or you may visit https://dms.dot.gov.
    Comments received after the comment closing date will be included 
in the docket and we will consider late comments to the extent 
practicable. FMCSA may, however, issue a final rule at any time after 
the close of the comment period.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Chief, Physical 
Qualifications Division, Federal Motor Carrier Safety Administration, 
400 Seventh Street, SW., Room 8301, Washington, DC 20591; Telephone: 
(202) 366-4001; E-mail address: Maggi.Gunnels@dot.gov.

SUPPLEMENTARY INFORMATION:

Outline of the NPRM

A. Legal Basis
    1. Authority Over Drivers Affected
    2. Authority To Regulate State CDL Programs
B. Background
    1. Current CDL Information and Recordkeeping Systems
    2. Medical Certification of CDL Drivers Subject to Part 391
    3. Current CDL Requirements Regarding Physical Qualifications
    4. State Feasibility Pilot Tests
    5. Advance Notice of Proposed Rulemaking
    6. Negotiated Rulemaking Advisory Committee
C. Rulemaking Proposal
    1. Highlights of Proposed New CDL Licensing Process
    2. Potential Impacts on States
    3. Potential Impacts on Motor Carriers Employing CDL Drivers
    4. Potential Impacts on Drivers
D. Implementation Date
E. Section-by-Section Explanation of Changes
F. Summary Cost Benefit Analysis
G. Rulemaking Analyses

[[Page 66724]]

List of Subjects

A. Legal Basis

    Section 215 of MCSIA (Pub. L. 106-159, 113 Stat. 1767 (Dec. 9, 
1999)) (set out as a note to 49 U.S.C. 31305) provides that: ``The 
Secretary shall initiate a rulemaking to provide for a Federal medical 
qualification certificate to be made a part of commercial driver's 
licenses.'' The population of drivers required to obtain a CDL is 
different from the population of drivers required to obtain a medical 
certificate. For that reason, in order to implement this congressional 
mandate, the proposed rule reconciles the differences between the scope 
of the Agency's authority to regulate the physical qualifications of 
drivers of commercial motor vehicles (CMVs) and its authority to 
establish requirements for the issuance of commercial driver's 
licenses. The proposed rule would place requirements on only those 
drivers required to obtain a CDL from a State who are also required to 
obtain a certificate from a medical examiner indicating that they are 
physically qualified to operate a commercial motor vehicle in 
interstate commerce. The proposed rule would also establish 
requirements to be implemented by States that issue CDLs to such 
drivers. These requirements would ensure that accurate and timely 
information about the medical examiner's certificate would be contained 
in the electronic CDLIS driver record maintained in compliance with the 
CDL regulations. Finally, the proposed rule would require States to 
take certain actions against CDL holders if such information is not 
kept accurate and up-to-date in a timely manner.

1. Authority Over Drivers Affected

    a. Drivers Required To Obtain a Medical Certificate. FMCSA is 
required by statute to establish standards for the physical 
qualifications of drivers who operate CMVs in interstate commerce. (49 
U.S.C. 31136(a)(3) and 31502(b)) For this purpose, CMVs are defined in 
49 U.S.C. 31132(1) and 49 CFR 390.5. There are four basic categories of 
vehicles covered by this definition:

     Those with a gross vehicle weight rating (GVWR) or 
gross combination weight rating (GCWR), or gross vehicle weight 
(GVW) or gross combination weight (GCW), whichever is greater, of at 
least 10,001 pounds;
     Those designed or used to transport for compensation 
more than 8 passengers, including the driver;
     Those designed or used to transport not for 
compensation more than 15 passengers, including the driver; or
     Those used to transport hazardous materials that 
require a placard on the vehicle under 49 CFR subtitle B, chapter I, 
subchapter C.

    In addition, the vehicles in these categories must be ``used on the 
highways in interstate commerce to transport passengers or property.'' 
(Id.) Interstate commerce, for purposes of this provision, is based on 
the definitional provisions of 49 U.S.C. 31132(4) and 31502(a) and 
long-standing administrative and judicial interpretations of those 
sections (and their predecessors), and defined in 49 CFR 390.5 as 
follows:

    Interstate commerce means trade, traffic, or transportation in 
the United States--
    (1) Between a place in a State and a place outside of such State 
(including a place outside of the United States);
    (2) Between two places in a State through another State or a 
place outside of the United States; or
    (3) Between two places in a State as part of trade, traffic, or 
transportation originating or terminating outside the State or the 
United States.

    With certain limited exceptions,\1\ FMCSA has fulfilled the 
statutory mandate of 49 U.S.C. 31136(a)(3) by establishing physical 
qualification standards for all drivers covered by these provisions. 
(49 CFR 391.11(b)(4)). Such drivers must also obtain from a medical 
examiner a certification indicating that the driver is physically 
qualified to drive a CMV. (49 CFR 391.41(a), 391.43(g) and (h)). The 
proposed rule would not make any change in the requirements for 
obtaining a medical certificate. But, on the basis of this 
authority, it would require drivers subject to the medical 
examiner's certificate requirement who are also required to obtain a 
CDL, to furnish the original or a copy of the certificate to the 
licensing State. As explained in the Summary Cost Benefit Analysis 
in this Notice, the proposed rule should improve compliance by CMV 
operators with the physical qualification standards in the FMCSRs. 
By doing so, the proposed rule would aid the Agency in ensuring that 
the physical condition of CMV operators is adequate to enable them 
to operate safely and that such operation does not have a 
deleterious effect on their health, as required by section 
31136(a)(3) and (4). The other minimum requirements of section 
31136, set out in subsections (a)(1) and (2), are not applicable to 
the proposed rule, because it does not involve either the safety of 
CMV equipment or the operational activities of the operators.
---------------------------------------------------------------------------

    \1\ See 49 CFR 390.3(f) and 391.2.
---------------------------------------------------------------------------

    b. Drivers Required To Obtain a CDL. The authority for FMCSA to 
require an operator of a CMV to obtain a CDL rests on different 
statutory provisions than those authorizing the promulgation of 
physical and medical qualifications for such operators; the 
authority is found in 49 U.S.C. 31302. The requirement to obtain a 
CDL is applicable to drivers of specified CMV categories that are 
different from the categories specified in 49 U.S.C. 31132(1) and 
the implementing regulations, as discussed in the preceding section. 
The four categories of CMVs for which an operator is required to 
have a CDL, as defined in 49 U.S.C. 31301(4) and specified in 49 CFR 
383.5, are:

     Those with a gross combination weight rating or gross 
combination weight, of at least 26,001 pounds, including towed units 
with gross vehicle weight rating or gross combination weight of more 
than 10,000 pounds;
     Those with a gross vehicle weight rating or gross 
vehicle weight of at least 26,001 pounds;
     Those designed to transport at least 16 passengers, 
including the driver; or
     Those of any size used to transport either hazardous 
materials that require a placard on the vehicle under 49 CFR part 
172, subpart F, or any quantity of a material listed as a select 
agent or toxin under 42 CFR part 73.

    In addition, the vehicles involved must be used ``in commerce to 
transport passengers or property.'' (49 U.S.C. 31301(4)). The term 
``commerce'' is defined for the purpose of the CDL statutes and 
regulations as:

    trade, traffic, and transportation--
    (A) in the jurisdiction of the United States between a place in 
a State and a place outside that State (including a place outside 
the United States); or
    (B) in the United States that affects trade, traffic, and 
transportation described in subclause (A) of this clause. (49 U.S.C. 
31301(2). See also 49 CFR 383.5.)

    However, the statutory provisions governing CDLs also contain a 
limitation on the scope of the authority granted to FMCSA. The 
provision at 49 U.S.C. 31305(a)(7) states that:

    The Secretary of Transportation shall prescribe regulations on 
minimum standards for testing and ensuring the fitness of an 
individual operating a commercial motor vehicle. The regulations--
* * * * *
    (7) shall ensure that an individual taking the tests is 
qualified to operate a commercial motor vehicle under regulations 
prescribed by the Secretary and contained in title 49, Code of 
Federal Regulations, to the extent the regulations apply to the 
individual; (Emphasis added).

    The current CDL provisions require each CDL driver either to 
certify that he/she meets the qualification requirements contained in 
49 CFR part 391 or, if the driver expects to operate entirely in 
intrastate commerce and is not subject to part 391 but is subject to 
State driver qualification requirements, to certify that he/she is not 
subject to part 391. (49 CFR 383.71(a)(1)).
    Therefore, reading all of these statutory provisions as a whole, 
FMCSA interprets section 215 of MCSIA to be applicable only to CDL 
holders or applicants operating or intending to operate in interstate 
commerce, as

[[Page 66725]]

defined in 49 CFR 390.5. The proposed rule would require CDL holders 
and applicants operating in interstate commerce to furnish evidence of 
their physical qualifications (in addition to certifying), by providing 
the required medical certificate to the State issuing the CDL.

2. Authority To Regulate State CDL Programs

    FMCSA, in accordance with 49 U.S.C. 31311 and 31314, has authority 
to prescribe procedures and requirements for the States to observe in 
order to issue CDLs. (See, generally, 49 CFR part 384.) In particular, 
under section 31314, in order to avoid loss of funds apportioned from 
the highway trust fund, each State shall comply with the following 
requirement:

    (1) The State shall adopt and carry out a program for testing 
and ensuring the fitness of individuals to operate commercial motor 
vehicles consistent with the minimum standards prescribed by [FMCSA] 
under section 31305(a) of [Title 49 U.S.C.]. (49 U.S.C. 31311(a)(1). 
See also 49 CFR 384.201.).

    If a State does not comply with these requirements, it is also 
subject to possible loss of grant funds under the Motor Carrier Safety 
Assistance Program (MCSAP). (See 49 CFR 350.217.).
    On the basis of this authority, the proposed rule would require 
States issuing CDLs to drivers operating or intending to operate in 
interstate commerce, to obtain all information on the required medical 
examiner's certificate for entry into the CDLIS driver record. The 
proposed rule would also require the States to take certain specified 
actions if such information is not provided by the CDL applicant or 
holder.

B. Background

1. Current CDL Information and Recordkeeping Systems

    The Commercial Driver's License Information System or CDLIS is the 
existing information system that serves as a clearinghouse and 
depository of all information about the licensing, identification, and 
disqualification of CDL operators of commercial motor vehicles. This 
NPRM uses the term ``CDLIS driver record'' as the name of the 
electronic record containing a CDL driver's status and history located 
in the database of the driver's State-of-Record.\2\ The motor vehicle 
record (MVR) is the term, that by convention and usage, generally 
describes the driver history information provided from the driver 
record to the driver or employer by a SDLA, usually for a fee. 
Historically the FMCSRs have used a variety of terms such as driver 
record or driving record in the context of various requirements for 
motor carriers to investigate and obtain the driving history and status 
of all operators of commercial motor vehicles, both CDL and non-CDL. 
This NPRM proposes to standardize usage of the terms CDLIS driver 
record for CDL drivers, and driver record for non-CDL drivers to refer 
to the computer record stored by the SDLA. It further proposes to 
standardize usage of the terms CDLIS motor vehicle record (CDLIS MVR) 
for CDL drivers and motor vehicle record (MVR) for non-CDL drivers, to 
mean the driver history information provided to the driver or employer 
by the SDLA from the driver record.
---------------------------------------------------------------------------

    \2\ ``State of Record'' is the jurisdiction that maintains the 
CDLIS driver record for every CDL driver licensed within its 
jurisdiction. See 49 CFR 384.107 and AAMVA, Inc.'s ``Commercial 
Driver License Information System (CDLIS) State Procedures Manual.''
---------------------------------------------------------------------------

    Different methods are used for obtaining responses from the CDLIS 
driver record by different user groups. Federal and State MCSAP 
personnel largely use the FMCSA CDLIS-Access software developed and 
operated by FMCSA, and provided to these personnel. State and local 
police performing traffic enforcement as part of MCSAP or other 
operations, predominantly use the National Law Enforcement 
Telecommunications System to obtain whatever form of the driver status 
and/or history information the SDLA provides from the CDLIS driver 
record. Drivers and motor carriers have access to CDLIS driver record 
information by purchasing the MVR from the SDLA, subject to the 
limitations in 49 CFR 384.225(e).

2. Medical Certification of CDL Drivers Subject to Part 391

    With limited exceptions, all drivers who operate CMVs, as defined 
in 49 CFR 390.5, in interstate commerce must comply with the 
qualification requirements of 49 CFR part 391 (49 CFR 391.1). This 
includes CDL drivers operating in interstate commerce (49 U.S.C. 
31305(a)(7)).
    There are exceptions from the medical certification requirement 
provided under 49 CFR 390.3(f) including, for example, drivers engaged 
in transportation performed by Federal, State or local governments, and 
school bus drivers providing school to home and home to school 
transportation. Additional exceptions are also provided under 49 CFR 
391.2 and include drivers engaged in certain custom farm operations, 
the seasonal transportation of bees using CMVs controlled and operated 
by a beekeeper, and the operation of certain farm vehicles.
    Each driver subject to the physical qualification requirements must 
be examined and certified by a medical examiner, as defined in 49 CFR 
390.5, at least once every 2 years. For certain drivers, such as those 
with severe cases of hypertension or other acute medical conditions, 
more frequent medical reexamination may be required by medical 
examiners to determine whether the driver can still be certified.
    Medical examiners document the results of the examination on a 
medical examination report (also referred to as the ``long form''). If 
the medical examiner determines that a driver is physically qualified 
in accordance with 49 CFR 391.41(b), the examiner certifies the driver 
meets the physical qualification standards by completing a form 
substantially in accordance with the medical examiner's certificate 
contained in 49 CFR 391.43. The certificate also contains check boxes 
indicating whether the driver is subject to any restrictions while 
operating a CMV, such as wearing corrective lenses or a hearing aid, or 
whether the driver was granted a medical variance and thus the 
certificate must be accompanied by a medical exemption document or a 
skill performance evaluation (SPE) certificate.
    A driver granted an exemption or SPE certificate must carry an 
original or copy of the accompanying documentation, e.g., exemption 
document or SPE certificate, at all times while operating a CMV in 
interstate commerce. See, e.g., 49 CFR 391.49(j)(1). The driver must 
also provide an original or copy of the Medical Examiner's certificate 
to the employing motor carrier who must retain it in the driver's 
qualification file (sections 391.51(b)(7) and 391.51(d)(4)).

3. Current CDL Requirements Regarding Physical Qualifications

    Before the enactment of section 215 of MCSIA, the Commercial Motor 
Vehicle Safety Act (CMVSA) provided that FMCSA ``may require issuance 
of a certification of fitness to operate a commercial motor vehicle to 
an individual passing the tests * * *'' (49 U.S.C. 31305(a)(8)). 
Because the authority is permissive, not mandatory, the current 
regulations that implement the CDL program only require the States to 
obtain a certification from the driver that either the driver 
qualification provisions of 49 CFR part 391 apply, or that the driver 
operates entirely in intrastate commerce. Most States meet this 
requirement by providing an appropriate box on the CDL application form 
for the driver to check.

[[Page 66726]]

    Drivers are not currently required by the CDL regulations to 
provide an original or copy of the medical examiner's certificate to 
the SDLA as proof of the driver's physical qualification to operate a 
CMV in interstate commerce. Likewise, there are no CDL compliance 
regulations that require the SDLA to ensure that: (1) The driver's 
medical certification is accurate; (2) the driver who self certifies he 
or she is subject to part 391 has a current medical certification; or 
(3) the medical examiner's certificate for the driver does not expire 
during the course of the licensing period. Diagram 1, ``Existing 
System,'' illustrates the current way CDL drivers meet these 
requirements, and highlights that there is a lack of integration 
currently between the existing medical certification and CDL licensing 
processes. The purpose of this NPRM is to address this situation.
BILLING CODE 4910-EX-P
[GRAPHIC] [TIFF OMITTED] TP16NO06.000


[[Page 66727]]



4. State Feasibility Pilot Tests

    In September 1990, the Federal Highway Administration (FHWA) 
(predecessor Agency to FMCSA) entered into a contract with the 
Association for the Advancement of Automotive Medicine (AAAM) and the 
American Association of Motor Vehicle Administrators (AAMVA) to assess 
the feasibility of integrating the medical certification and CDL 
issuance and renewal processes. AAAM and AAMVA worked with FHWA to help 
select States to participate in six pilot tests, and determine whether 
States could assume some level of responsibility for ensuring CDL 
drivers are certified as physically qualified before a CDL is issued or 
renewed.
    The States selected to test various approaches for merging the 
medical certification and CDL processes were Alabama, Arizona, Indiana, 
Missouri, North Carolina and Utah. During the study, each pilot State 
had to address a variety of budgeting, operational and technical 
challenges. All six States achieved at least 1 full year of operations 
data and demonstrated it would be feasible for SDLAs to take a more 
active role in verifying that a CDL applicant has obtained medical 
certification such as that being proposed in this rule. For purposes of 
this NPRM, we briefly discuss the results of the tests. However, more 
details about the individual concepts tested by each State are in the 
final report. The final report for the study, entitled ``Prototype 
State Medical Review Program,'' dated January 31, 1995, is included in 
the rulemaking docket.
    Two States wanted to test the possibility of placing the driver's 
medical certification status on the CDLIS driver record. Each was 
successful in demonstrating this could be operationally implemented. 
During the pilot test, these two States placed information about the 
medical certification status on the CDLIS driver record and made this 
information electronically available to the SDLA and, ultimately, to 
Federal and State enforcement personnel who could use it as part of 
roadside inspections or traffic enforcement. The other four States 
explored methods for verifying medical certification as part of issuing 
the CDL that did not include recording the medical certification status 
on the driver record. As such, they are not germane to the MCSIA 
section 215 requirement to make the certificate part of the CDL.

5. Advance Notice of Proposed Rulemaking

    In 1994, FHWA issued an advance notice of proposed rulemaking 
(ANPRM) (59 FR 36338, July 15, 1994) titled ``Commercial Driver 
Physical Qualifications as Part of the Commercial Driver's License 
Process.'' The ANPRM requested comments on the concept of requiring the 
States to verify the medical certification of CMV drivers and include 
documentation within the States' CDL information systems. The ANPRM 
indicated the Agency was considering a rulemaking to require State 
licensing agencies to review and verify the accuracy of the medical 
examination report (long form), and record documentation of the medical 
certification status on CDLIS driver record, prior to issuing or 
renewing a CDL. States would thus ensure that all applicants seeking a 
CDL for the purpose of operating CMVs in interstate commerce were in 
compliance with the medical certification standards before issuing the 
CDL. Medical examination reports would be sent to the SDLA for review 
and evaluation by a State Medical Review Board to achieve better 
quality control over the medical certifications issued, before the 
State could issue a CDL. FHWA prepared a report summarizing all the 
public comments to the ANPRM, entitled ``Summary of Comments to the 
ANPRM: CDL Medical Fitness.'' A copy of the report is included in the 
docket.

6. Negotiated Rulemaking Advisory Committee

    After evaluating the public comments received in response to the 
ANPRM, FHWA announced its intention to form a Negotiated Rulemaking 
Advisory Committee (Committee) to develop an NPRM for merging the 
medical certification and CDL issuance and renewal processes. A notice 
of intent to form the Committee was published in the Federal Register 
on April 29, 1996 (61 FR 18713). The Agency invited interested parties 
to comment on the proposal to establish the Committee, and to submit 
applications or nominations for Committee membership. The notice 
provided a preliminary list of entities identified as interested 
parties that should be included in the negotiated rulemaking process, 
either directly as members of the Committee or as part of a broader 
caucus of similar or related interests.
    On July 23, 1996, FHWA published a notice in the Federal Register 
(61 FR 38133) announcing the first meeting of the Committee, the 
membership, and major issues the Committee would consider. Twenty-five 
organizations and FHWA were represented on the Committee. The charter 
for the Committee was approved by the Secretary on July 12, 1996, with 
an expiration date of July 12, 1998. The Committee held several 
meetings between August 7, 1996, and November 20, 1997.

Commercial Driver Physical Qualifications Negotiated Rulemaking 
Advisory Committee

Membership List (Approved by Secretary Pe[ntilde]a 7/10/96)
1. Federal Highway Administration
2. American Association of Motor Vehicle Administrators
3. New York (State commercial driver licensing agency)
4. Utah (State commercial driver licensing agency)
5. Wisconsin (State commercial driver licensing agency)
6. Montana (State commercial driver licensing agency)
7. Commercial Vehicle Safety Alliance
8. International Association of Chiefs of Police
9. American Trucking Associations
10. National Private Truck Council
11. National School Transportation Association
12. United Motor Coach Association & American Bus Association (sharing 
one seat on the committee)
13. Owner-Operator Independent Drivers Association
14. Independent Truckers and Drivers Association
15. Teamsters Union
16. Amalgamated Transit Union
17. Lancer Insurance
18. AI Transport
19. American Insurance Association
20. National Association of Independent Insurers
21. Advocates for Highway and Auto Safety
22. Farmland Industries
23. American College of Occupational and Environmental Medicine
24. Association for Advancement of Automotive Medicine
25. American Academy of Occupational Health Nurses
26. American Academy of Physicians' Assistants

    Although the Committee did not reach consensus concerning the major 
issues considered (and listed in the July 23, 1996, notice), the 
Committee supported moving forward with a rulemaking proposal focused 
on improving the availability of information about driver physical 
qualifications, and recording medical

[[Page 66728]]

certification information on the CDLIS driver record. Copies of the 
Committee's report and all documents considered by the Committee are 
available in the public docket for this rulemaking.

C. Rulemaking Proposal

1. Highlights of Proposed New CDL Licensing Processes

    This rulemaking would apply to all CDL holders who: (1) Operate 
CMVs as defined in 49 CFR 383.5; and (2) are subject to the driver 
qualification requirements under 49 CFR part 391. FMCSA proposes in 
this NPRM to add a requirement that CDL holders to whom 49 CFR part 391 
applies must begin providing an original or copy (at the option of the 
SDLA) of their medical examiner's certificate to their SDLA for 
recording of information specified in this NPRM on the CDLIS driver 
record. The States would be provided the flexibility to establish their 
own processes for receiving this information from drivers. SDLAs would 
also be required to downgrade a CDL if the driver's medical 
certification is no longer valid. A ``CDL downgrade'' means the State 
either: (1) Restricts a previously unrestricted CDL to intrastate 
transportation or to interstate transportation excepted from part 391 
as provided in 49 CFR 390.3(f) or 391.2; or (2) The State removes the 
CDL privilege entirely from the driver's license.
    Diagram 2, Proposed System, illustrates how the CDL and medical 
certification processes would be integrated. The process begins with 
obtaining medical certification. The new requirements are for recording 
the medical examiner's certificate information on the CDLIS driver 
record, and making the medical certification information available to 
FMCSA and State licensing and enforcement agencies as part of CDLIS 
inquiries.
BILLING CODE 4910-EX-P
[GRAPHIC] [TIFF OMITTED] TP16NO06.001

    The proposal is to clarify which CDL drivers are subject to part 
391 and to require the SDLA to record the driver's certification 
regarding applicability of part 391 on the CDLIS driver record. For 
those drivers subject to part 391, they

[[Page 66729]]

would be required to provide a current original or copy of their 
medical examiner's certificate to their SDLA. The SDLA would be 
required to record the proposed medical certification status 
information on the CDLIS driver record. Additionally the SDLA would be 
required to provide the medical certification status information to all 
authorized personnel specified in 49 CFR 384.225(e) via the established 
access methods. These methods include CDLIS electronic inquiries, NLETS 
electronic inquiries for CDL drivers, and on the CDLIS MVR (as 
specifically defined in proposed 49 CFR 384.105) that all States sell 
to employers and drivers.
    As a result of these CDL recordkeeping and information collection 
provision proposals, any future actions by the Agency that enhance the 
quality of the medical examination process would flow directly into the 
CDLIS driver record and thus would be available for use by all persons 
who are authorized to access this information. This NPRM, along with 
planned future rulemaking actions, would reduce the likelihood of 
States and employing motor carriers receiving improper or false medical 
certification documents from drivers.
    Anticipated future actions include establishing a National Registry 
of Medical Examiners required by 49 U.S.C. 31149(d). The creation of 
the National Registry was authorized by section 4116 of the Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy 
for Users (SAFETEA-LU) (Pub. L. 109-59, 119 Stat. 1144, 1726 (Aug. 10, 
2005)). By that provision, Congress indicated FMCSA should implement a 
capability to accept as valid only medical examiner's certificates 
issued by medical examiners on the National Registry. FMCSA anticipates 
the required action to establish the National Registry would include 
standards to ensure that medical examiners on the Registry fully 
understand the physical qualification requirements applicable to 
drivers subject to part 391, and that enough examiners are certified.

2. Potential Impacts on States

    a. General. States would continue to require each driver to certify 
what type of driving they do, either: (1) Subject to the qualification 
requirements of part 391; or (2) not subject to those requirements. The 
SDLA in each State would be required to modify its procedures, e.g., 
forms or computer systems, to make the certification for type of 
driving electronically accessible from the CDLIS driver record. This 
includes status and history responses to CDLIS and NLETS inquiries, and 
on the CDLIS MVR responses generated from the CDLIS driver record and 
provided to the driver or employer by the SDLA.
    The States would also be required to establish procedures for 
receiving the medical examiner's certificates from drivers subject to 
part 391. The process would include date stamping the certificate when 
received by the State; recording, within 2 business days, all required 
information proposed by this NPRM from the medical examiner's 
certificate onto the CDLIS driver record for all CDL drivers subject to 
part 391; and retaining the certificate or an image of the certificate 
for 6 months. Drivers, employers and enforcement personnel would be 
depending on the timely posting of the medical examiner's certificate 
information. The Agency is seeking comments on whether the number of 
days allowed for posting the medical certification data should be 
longer than 2 business days, and whether the retention period should be 
longer than 6 months.
    Additionally, the States would be required to verify whether the 
driver is subject to part 391, and if so that the current medical 
certification status is designated as ``qualified'' before taking any 
action to issue, renew, transfer or upgrade that driver's CDL. Further, 
the States would be required to update the medical certification status 
of the CDLIS driver record within 2 business days if the certification 
expires, to show the driver as ``not-qualified.'' The State must then 
complete a downgrade of the CDL within 60 days of the driver becoming 
not-qualified. Additionally, the States would be required to notify 
drivers of any possible CDL downgrade actions resulting from expired 
medical certification information. (See section ``d. Notification of 
Drivers,'' below.) The Agency is seeking comments about whether the 
proposed 2 business days for updating the medical certification status 
and the proposed 60 days for downgrading the CDL are reasonable and 
appropriate.
    The States would further be required to make the driver's medical 
certification status information, and if applicable, medical examiner's 
certificate information, electronically accessible as part of the 
information obtained from the CDLIS driver record by authorized users, 
including the FMCSA, State licensing and enforcement agencies, drivers, 
and employers. Enforcement personnel would obtain this data 
electronically via CDLIS or NLETS. Employing motor carriers and drivers 
would obtain it on the CDLIS MVR. The States would have to modify their 
programs that provide the following responses: CDLIS, CDLIS equivalent 
for NLETS and CDLIS MVR to include the medical certification status 
information.
    States such as California and Indiana already have programs that 
require drivers to provide copies of the Medical Examination Report 
(long form) to the State as part of the State's CDL program. This rule 
does not propose submission of the long form. Those States already are 
denying a new or renewal of a CDL or taking action against an existing 
CDL if the State does not receive an updated certification by the time 
the previous one expires. They are also placing information about the 
current medical certification status on the driver record.
    FMCSA is also seeking comments on how drivers could verify that the 
data regarding their medical certification status information is timely 
and properly recorded on their CDLIS driver record. The normal process 
for verification and correction of information on the CDLIS driver 
record is for drivers to go to an SDLA office in their licensing State 
and obtain a copy of their CDLIS MVR. Because of the ongoing 
operational nature of updates of medical certification status 
information, FMCSA requests comments on whether there is a more 
efficient method by which CDL drivers could accomplish this data 
quality review of their medical certification status information.
    b. States Would Record Additional Specified Data if the Driver Is 
Subject to Part 391. This proposal builds on the proposal developed by 
the negotiated rulemaking advisory committee. The SDLAs would become 
the keepers of the record for the medical examiner's certification 
information. The SDLA would then become the primary source for 
verification of medical certification status. It is therefore critical 
that the States record enough information to enable enforcement 
officials to trace the medical examiner's certificate back to the 
medical examiner in cases where investigations occur and find there are 
problems with the driver's certification.
    FMCSA would require States to modify their information systems to 
add new data fields to the CDLIS driver record. One data field would 
record which of the two possible certifications the driver made 
regarding the applicability of part 391.
    If the driver certifies he or she is subject to part 391, then 
FMCSA would require the State to record on the CDLIS driver record the 
following information:
    [cir] Medical examiner's name.
    [cir] Medical examiner's license or certificate number and the 
State that issued it.

[[Page 66730]]

    [cir] Medical examiner's National Registry identification number 
(if the National Registry of Medical Examiners, required by 49 U.S.C. 
31149(d), as added by section 4116(a) of SAFETEA-LU requires one).\3\
---------------------------------------------------------------------------

    \3\ Section 31149(d) becomes effective August 10, 2006. See 
section 4116(f) of SAFETEA-LU. FMCSA plans to implement regulations 
establishing the National Registry of Medical Examiners in the 
future. In order to minimize the number of times States have to 
update their information systems, States may want to make provisions 
in the CDLIS driver record to accept this information should it be 
required.
---------------------------------------------------------------------------

    [cir] Date of physical examination/issuance of the medical 
examiner's certificate to the driver.
    [cir] Medical certification status determination (receipt of a 
current medical examiner's certificate means ``qualified.'')
    [cir] Expiration date of medical examiner's certificate (this can 
vary, depending on CDL driver's medical condition, from 3 months to 2 
years).
    [cir] Information from FMCSA that a medical variance was issued to 
the driver.
    [cir] Any restriction (e.g., corrective lenses, hearing aid, etc.).
    [cir] Date the information is entered on CDLIS driver record.
    States would be required to keep a copy or an electronic image, 
including the time stamp, of the medical examiner's certificate 
received from the driver for 6 months so that FMCSA may request access 
to these certificates to verify States are inputting information in an 
accurate and timely manner as part of a State CDL compliance review.
    c. State Input of Data for Medical Variances. FMCSA proposes adding 
information about the existence of medical variances, for example, the 
existence of a vision exemption or SPE certificate, to the CDLIS driver 
record maintained by the SDLA. Enforcement personnel could obtain both 
the current medical certification status, ascertain whether the driver 
has a medical variance, and determine the identity of the medical 
examiner, all by an electronic inquiry to CDLIS.
    Interstate drivers (both CDL and non-CDL) granted an exemption from 
one or more of the FMCSRs are required by its terms and conditions to 
carry the exemption document or legible copy in their possession while 
driving. Drivers who are granted a SPE certificate are required by 
regulation to carry the SPE certificate or a legible copy. (49 CFR 
391.49(j)). It is important for enforcement personnel to know about the 
existence of medical variances that require the driver to carry such 
additional supporting information. Enforcement personnel are directed 
to ask such drivers to show them the required additional documentation 
the driver is required to carry as a condition of that medical 
variance. This requirement to include information about existing 
medical variances on the CDLIS driver record thus ensures that 
enforcement personnel can verify whether the driver is in compliance 
with the conditions for the issuance.
    d. Notification of Drivers. Currently, most States notify drivers 
when an action is going to be taken against their driver license 
privilege. In this NPRM, FMCSA proposes that States notify interstate 
CDL drivers when they plan to downgrade the driver's license based on 
the lack of a valid medical certificate. FMCSA believes each State 
already has an automated system that generates notices for drivers who 
are identified for suspension action. The Agency further believes that 
these State systems could be modified to identify and notify drivers 
whose medical certification status has expired, and whose CDLs thus 
must be downgraded.
    FMCSA included the cost of adding CDL drivers subject to part 391 
to these State notification systems, as part of the developmental costs 
for the proposed rule during years one through three. The ongoing major 
cost of the notification system would be operational, at an estimated 
cost of $0.40 per driver notified. For calculating the maximum possible 
impact on the States, FMCSA used the worst case scenario that would 
show all drivers receiving a notice of a CDL downgrade, for a total 
national cost of $1.29 million per year, which is included in the total 
estimated State costs discussed later in the preamble's Summary Cost 
Benefit Analysis section. (See section F. ``Summary Cost Benefit 
Analysis.''). FMCSA is seeking comment concerning the number of 
notifications the States would need to mail to CDL drivers receiving 
notice of a downgrade.
    e. Costs. FMCSA estimates that the requirements set forth in this 
NPRM would cost the States $18.3 million over the first 3 years of 
implementation and would decrease to $4.0 million per year in the 
fourth year and afterward. For further detail on the cost issue, see 
section F. ``Summary Cost Benefit Analysis,'' contained below in this 
NPRM, or the more detailed stand alone Regulatory Evaluation document 
contained in the docket. FMCSA is seeking comments about whether these 
evaluations of the cost impacts are accurate.

3. Potential Impacts on Motor Carriers Employing CDL Drivers

    a. Carrier Would Request a Copy of the CDLIS Motor Vehicle Record 
from the Current State of Licensure Before Allowing the Driver to 
Operate a CMV in Interstate Commerce. Under the proposed rule, the 
motor carrier that employs a CDL driver subject to part 391 to operate 
a CMV would need to obtain the driver's CDLIS MVR, verify the driver 
has a medical certification status of qualified, and place that CDLIS 
MVR in the driver qualification (DQ) file, (thereby documenting medical 
certification for such CDL drivers) before allowing the driver to 
operate a CMV for the motor carrier.
    Under FMCSA's current regulation, the motor carrier has up to 30 
days to obtain the driver's MVR (for both CDL and non-CDL drivers) and 
place it in the DQ file (49 CFR 391.23(b)). The driver is immediately 
permitted to begin operating a CMV pending completion of the driver 
record check. However, the proposed rule would change this current 
practice by requiring the motor carrier to obtain and place a copy of 
the driver's CDLIS MVR in the DQ file before allowing an interstate CDL 
driver to operate a CMV. FMCSA believes the 30-day timeframe specified 
in Sec.  391.23(b) is a hold-over from years ago when this process was 
accomplished via regular U.S. mail. Now States offer driver's MVRs 
electronically, and numerous companies sell a service to assist motor 
carriers to obtain MVRs. FMCSA believes many motor carriers are already 
obtaining MVRs electronically, generally before making an offer to hire 
the driver. For this reason, this NPRM would not impose any significant 
additional burden on motor carriers except those that are letting newly 
hired drivers operate a CMV before verifying the driver holds a valid 
CDL. There would be no change in the current 30 days allowed to obtain 
a motor vehicle record for non-CDL drivers who must also provide a copy 
of their medical examiner's certificate.
    Under this proposed rule, motor carriers would no longer be 
required to place a copy of a current medical examiner's certificate in 
the DQ file for CDL drivers subject to part 391. Information about the 
current medical certification status for those drivers would be on the 
CDLIS MVR the motor carrier is already required to obtain and place in 
the DQ file. However, the motor carrier would be required, under the 
proposed rule, to obtain and file a copy of any medical exemption 
granted to a CMV driver (both CDL and non-CDL). Carriers are already 
required to obtain a

[[Page 66731]]

copy of an SPE certificate. (49 CFR 391.49(j)(1))
    b. Costs. FMCSA believes the net cost impact on motor carriers 
would at worst be neutral, and more likely is a modest cost saving. 
Carriers would be relieved of obtaining or making a copy of the medical 
examiner's certificate and placing a copy of it in the DQ file for CDL 
drivers subject to part 391. This proposal would expand an existing 
requirement for the motor carrier to obtain or make a copy of any 
medical variance, e.g., Medical Exemption document or SPE certificate, 
granted to a CMV driver and place it in the driver qualification file 
for the small number of drivers with such a medical variance. However, 
motor carriers would also be required to obtain the CDLIS MVR before 
allowing CDL drivers to operate a CMV.

4. Potential Impacts on Drivers.

    a. Privacy Rights. FMCSA does not believe the proposed rule would 
have an adverse effect on drivers' privacy for the following reasons. 
First, none of the driver's confidential medical information (i.e. 
specific details from the ``long form'' or the actual medical records 
maintained by medical examiners) would be placed on the CDLIS driver 
record--the SDLA would post the FMCSA-specified status information 
regarding whether the driver is currently medically certified, which 
does not include confidential information. A status of not-qualified 
does not violate any privacy right, as it does not provide any detail 
as to the reason for being not-qualified. In other words, a status of 
not-qualified could just as well mean the driver decided not to take a 
physical examination because he or she is not currently working as a 
CDL driver. Second, information about the issuance of medical variances 
is already public. Information about the granting of any exemptions, 
e.g., vision, diabetes, is published in the Federal Register (49 U.S.C. 
31315(b)). Alternatively, if a driver has a medical examiner's 
certificate based on having an SPE certificate, the medical examiner's 
certificate has the box checked saying it is only valid when 
accompanied by an SPE certificate. Thus, any enforcement personnel or 
potential employer would or should know about the condition requiring 
the driver to have in his or her possession an SPE certificate or a 
legible copy whenever operating a CMV. (49 CFR 391.49(j)(1). Finally, 
access to the data on the CDLIS driver record is restricted to only 
FMCSA, States, motor carrier employers for authorized use and the 
driver. (49 CFR 384.225(e)). Enforcement personnel accessing this 
information via NLETS are similarly restricted to official use. The 
Driver Privacy Protection Act (18 U.S.C. 2721-2725) provides additional 
restrictions on access to the driver record. However, FMCSA is seeking 
comments about whether there would be any issues under the Privacy Act 
(5 U.S.C. 552a) regarding access to CDL drivers' medical examiner's 
certificate information arising from the provisions set forth in this 
proposal.
    b. Impact if a Driver Is Found Operating a CMV with a Medical 
Certification Status of ``Not-qualified'' or No CDL Privilege Because 
of a Downgrade of the CDL.
    This rulemaking proposal would require the appropriate medical 
certification status information to be placed on the CDLIS driver 
record for all CDL holders, and would remove the requirement for CDL 
drivers subject to part 391 to carry the medical examiner's 
certificate. However, the proposal would also establish that the 
medical certification status information be made available to 
enforcement personnel as well as to drivers and employing motor 
carriers. This is expected to become an increasingly valuable 
enforcement tool, particularly in conjunction with anticipated future 
rulemakings dealing with driver physical qualifications, such as 
establishment of the Congressionally-mandated National Registry of 
Medical Examiners. Nonetheless, nothing in this proposed rule prevents 
a CDL driver subject to the requirements of part 391 from retaining a 
copy of the medical examiner's certificate for his or her own records, 
particularly in the event an SDLA fails or delays in entering the 
information onto the CDLIS driver record. All non-CDL drivers would 
continue to provide a copy or original of the medical examiner's 
certificate to their employing motor carrier, a requirement not changed 
by this proposed rule.
    This NPRM proposes a new requirement that a CDL driver subject to 
part 391 would have his or her CDL downgraded within 60 days of the 
medical certification status expiring, i.e., the status becoming ``not-
qualified.'' Under 49 CFR part 383 after such a downgrade, a driver 
found operating a CMV in interstate commerce without a valid CDL, when 
the regulations require the driver to hold one, could receive a traffic 
offense citation for violating Sec.  383.51(c)(6). Thus the downgrade 
proposed in this NPRM could lead to a traffic conviction requiring a 
60-day CDL disqualification on the CDLIS driver record for the first 
offense. This conviction would be retained and considered in any future 
licensing action, including intrastate CDL eligibility.
    This proposed downgrade within 60 days would provide safety 
benefits by significantly enhancing incentives for drivers to comply 
with the medical certification standards. Drivers could be placed out-
of-service as part of a roadside inspection or traffic enforcement 
stop, if a driver is found operating a CMV in interstate commerce with 
a downgraded CDL that resulted from the medical certification status 
becoming not-qualified because the driver failed to obtain the required 
new medical examiner's certificate. Currently, the driver could be 
cited and possibly fined for operating a CMV without a valid medical 
certification, but generally the driver would be allowed to continue to 
drive. Additionally, unless this violation results in a carrier 
compliance review or other enforcement action, it has little impact on 
the motor carrier. (See 49 CFR 391.41(a)). By linking the medical 
certification status to the eventual status of the CDL, this proposed 
rule would provide greater enforcement tools to address driver 
qualification issues.
    If a driver's medical status becomes not-qualified, but the CDL has 
not yet been downgraded, the driver can be cited under current Sec.  
390.37 for not keeping his/her medical status current. In addition, 
while not proposed in this NPRM, FMCSA has the option of adding a 
similar, new disqualifying offense for a serious traffic violation 
under Table 2 of 49 CFR 383.51(c). This disqualifying offense would be 
applicable if a driver operates a commercial motor vehicle requiring a 
CDL in interstate commerce during the proposed 60-day window of having 
received a medical certification status of ``not-qualified,'' but the 
CDL has not yet been downgraded. If such a disqualifying offense were 
established, then any CDL driver operating in interstate commerce not 
excepted from part 391 who does not have a current medical examiner's 
certificate on file with their SDLA could receive a traffic citation 
for this serious traffic violation. FMCSA seeks comments about whether 
FMCSA should add such a disqualifying offense to Table 2 of Sec.  
383.51(c) for operating a CMV without the required medical 
certification.
    c. Provision of Documentation to Motor Carrier for Medical 
Variance. All drivers who operate CMVs in interstate commerce pursuant 
to a medical variance, such as an Medical Exemption or SPE certificate, 
would be required to provide their employing motor carrier with a copy 
of the medical variance document. The employing motor carrier

[[Page 66732]]

would be required to place it in the DQ file.
    d. Provision Requiring CDL Drivers to Provide Medical Certificate 
to SDLA. Under the proposed rule, a CDL would not be issued, renewed, 
upgraded or transferred by the SDLA to a driver subject to 49 CFR part 
391 qualification requirements, unless the State has on record a 
current medical examiner's certificate. Initially, drivers would not 
need to obtain a new medical examiner's certificate. Beginning 3 years 
after the effective date, drivers would be required to provide a copy 
or an original, as determined by the SDLA, of either their existing 
medical examiner's certificate or a new one, to their SDLA before any 
licensing action, including a renewal. Drivers would also be required 
to provide a copy or original of each new medical examiner's 
certificate to their SDLA. The information from these certificates, 
including their expiration dates, would be added to the CDLIS driver 
record by the SDLA. If the driver has not provided a current medical 
examiner's certificate within 5 years after the effective date of a 
final rule on this subject, or the certification expires, the CDL 
medical certification status would be marked as ``not-qualified,'' and 
the SDLA would be required to initiate a downgrade of the driver's CDL. 
The driver would be notified by the SDLA that the CDL would be 
downgraded.
    e. Number of Drivers Subject to the Proposed Process. The group of 
CDL drivers that would be most impacted by this rulemaking would be 
those not actively driving, are subject to 49 CFR part 391, but who are 
retaining their CDL without maintaining their medical certification. To 
estimate the number of possible drivers affected, FMCSA performed the 
following analysis.
    As of August of 2005, there were approximately 12.2 million CDL 
index or pointer records in the CDLIS central site index. The Agency 
estimates 10 percent of the CDLIS driver records associated with these 
index pointers are inactive. Based on an analysis of the split of 
inter- and intrastate drivers from the annual Drug and Alcohol Testing 
survey conducted by FMCSA, the Agency estimates about 74 percent of the 
estimated active 10.98 million CDLIS driver records are for interstate 
drivers, or about 8.13 million. For purposes of this analysis, it is 
assumed none of these are operating in excepted interstate commerce, 
i.e., all of them are subject to part 391. If all of these CDL drivers, 
who had self-certified they were qualified to operate in interstate 
commerce, wish to retain their CDL, they would be required to present a 
copy or original of a current medical examiner's certificate to their 
SDLA, either at the time of the next issuance (as defined in 49 CFR 
384.105(b)) of their CDL or when the medical certificate expires, 
whichever occurs first. Thereafter, they would have to provide the 
medical certificate every time it expired. Two years after the States 
would be required to be in compliance with this proposal (no later than 
5 years after the effective date of a final rule on this subject), all 
of these drivers would not be allowed to continue operating CMVs in 
interstate commerce unless their CDLIS driver record includes the 
information that they have submitted a current medical examiner's 
certificate, prepared by a medical examiner, as defined in 49 CFR 
390.5, to their SDLA demonstrating they are physically qualified under 
part 391.
    FMCSA estimates from its annual Drug and Alcohol Testing survey 
that 3.1 million CDL drivers of the estimated 8.13 million CDLs who 
self certified they are subject to part 391, are ``actively'' driving 
for a living. Therefore, the Agency estimates 5.03 million of these CDL 
drivers who certified that part 391 applies to them are not actively 
driving. The Agency further estimates that 2.26 million of these 5.03 
million drivers would elect to obtain medical certification and retain 
their CDLs, while the remaining 2.77 million would have their CDL 
downgraded. This would leave a pool of 5.36 million medically certified 
CDL drivers (2.26 million + 3.1 million). Refer to the separate 
Regulatory Evaluation in the docket for this rulemaking for a more 
detailed discussion of the number of drivers likely to be affected by 
this proposal. (Note. This analysis does not include any attempt to 
estimate the number of CDL drivers who operate in excepted service, 
i.e., who operate in interstate commerce but are excepted from part 391 
and do not need medical certification to retain their CDL.)
    f. Impact of the New Code ``W'' on Drivers Domiciled in Canada, 
Mexico, and the United States. Drivers of commercial motor vehicles who 
are domiciled in and licensed by, Canada or Mexico are subject to the 
requirements of U.S. law while operating a CMV in the United States. 
(49 U.S.C. 31132(4), 31502(a) and 31301(2)). These drivers must meet 
the FMCSA physical qualifications and must possess a license issued by 
their country of domicile that the U.S. has recognized as comparable to 
a U.S. CDL.
    FMCSA previously determined that the Canadian Provinces and 
Territories have medical and physical qualification requirements 
comparable to those applicable in the United States, with certain 
exceptions (49 CFR 391.41, note, as added by 67 FR 61818, October 2, 
2002) The Canadian equivalent to CDLIS contains documentation of driver 
physical qualification, although the program requirements vary by 
Province and Territory.
    FMCSA also determined that the Licencias Federales de Conductor 
issued by the United Mexican States is itself evidence that the 
operator has met physical qualification standards required by the 
United States. (Commercial Driver's License Reciprocity with Mexico, 
(57 FR. 31454, July 16, 1992).) Proof of compliance with the medical 
certification requirements is recorded within the Mexican Licencias 
Federales de Conductor information system, as well as marked on the 
license document. Drivers must renew both their medical certification 
and Licencia Federal together every 2 years.
    FMCSA considers both licenses issued by Canadian Provinces and 
Territories in conformity with the Canadian National Safety Code and 
the Licencias Federales de Conductor issued by the United Mexican 
States, to satisfy the CDL requirements of 49 CFR part 383 (49 CFR 
383.23(b)(1), note 1) and to be compatible with the U.S. CDLs.
    As indicated in the footnote to 49 CFR 391.41, Canada and the 
United States have entered into a reciprocity agreement that Canadian 
drivers who do not meet the physical qualification requirements 
specified in the Canadian National Safety Code, but are issued a 
Provincial or Territorial waiver/exemption, will be excluded from 
operating a CMV in the United States. Similarly, U.S. CDL drivers 
granted a medical variance will be excluded from operating a CMV in 
Canada. At a technical level, it was jointly determined by AAMVA and 
Canadian Council of Motor Transport Administrators (CCMTA) that a code 
of ``W'' would be placed on the commercial driver's license document to 
identify those drivers who are issued a waiver/exemption or variance to 
exclude them from operating in the other country.
    This NPRM proposes to establish a new restriction code by revising 
section 383.95 to specify a new restriction code ``W'' to be placed on 
the CDL document to identify U.S. CDL holders subject to part 391 who 
have obtained a medical examiner's certificate with a medical variance 
in order to operate CMVs in the United States. If implemented, this 
restriction will allow U.S. enforcement

[[Page 66733]]

personnel to identify drivers who are required to carry the 
documentation supporting the medical variance, and Canadian authorities 
to identify U.S. CDL drivers who therefore are prohibited by Canadian 
jurisdictions from operating a CMV in Canada. Similarly, implementation 
of a ``W'' restriction on Canadian licenses would allow the United 
States to identify Canadian drivers who do not meet U.S. physical 
qualification standards.
    The U.S. has not yet discussed with Mexico the proposed creation or 
use of a ``W'' restriction on the CDLs issued in the United States. 
Therefore, the Agency is unable to assess the potential impact this 
restriction could have on U.S. drivers who intend to operate CMVs in 
Mexico.
    g. Costs. FMCSA estimates that the requirements set forth in this 
NPRM would cost drivers a total of $3.22 million per year beginning in 
the fourth year after the effective date of a final rule on the subject 
and every year thereafter. For more detail on the cost issue, see 
section F. ``Summary Cost Benefit Analyses,'' below in this NPRM, or 
the more detailed stand alone Regulatory Evaluation document contained 
in the docket.

D. Implementation Date

    FMCSA proposes to begin enforcement of the requirements set forth 
in this NPRM 3 years after the effective date of a final rule on the 
subject. The Agency believes the standard 3-year phase-in period would 
provide the States with sufficient time to pass required State 
implementing legislation, to modify their information systems to begin 
recording the medical examiner's certificate information onto the CDLIS 
driver record, and to begin making that information available from the 
CDLIS driver record. Also, the proposed 3-year phase-in period would 
ensure employing motor carriers and drivers have an opportunity to 
familiarize themselves with the new requirements and that CDL drivers 
are prepared to provide a valid medical examiner's certificate to their 
SDLA as required by this NPRM.
    The Agency will also be working with the States to modernize CDLIS, 
as required by section 4123 of SAFETEA-LU. The CDLIS modernization plan 
will include a date by which all States must use the new version of 
CDLIS. Both the CDLIS modernization effort and inclusion of the medical 
examiner's certificate information on the CDLIS driver record will 
require States to update their CDLIS computer programs. The Agency 
requests comments about the importance of having the implementation 
schedule for this rule coincide with the implementation date for CDLIS 
modernization.
    The Agency is seeking comments about how many States will require 
passage of legislation to authorize them to carry out the proposals in 
this rulemaking, and whether the proposed three-year implementation 
period is sufficient.

E. Section-by-Section Explanation of Changes

Part 383

    Conforming amendments. Throughout parts 383, 384, and 391 terms 
used referring to a driver record or driver history have been revised 
for clarity. The term ``CDLIS driver record'' refers to the electronic 
record of driver information and history stored by the State-of-Record 
as p