Medical Certification Requirements as Part of the Commercial Driver's License (CDL); Extension of Certificate Retention Requirements, 34635-34638 [2011-14653]
Download as PDF
Federal Register / Vol. 76, No. 114 / Tuesday, June 14, 2011 / Proposed Rules
at https://www.contractdirectory.gov is
provided.
Conforming changes are proposed at
FAR 9.405–1 to delete the words
‘‘optional use’’; and at FAR 52.208–9 to
correct the cross-reference to the clause
prescription.
II. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is a significant
regulatory action and, therefore, was
subject to review under section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
jdjones on DSK8KYBLC1PROD with PROPOSALS-1
III. Regulatory Flexibility Act
DoD, GSA, and NASA do not expect
this rule to have a significant economic
impact on a substantial number of small
entities within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 601,
et seq., because the rule does not impose
any additional requirements on small
businesses, but clarifies existing
regulations, in FAR part 8, on the use of
existing mandatory and non-mandatory
sources.
Therefore, an Initial Regulatory
Flexibility Analysis has not been
performed. DoD, GSA, and NASA invite
comments from small business concerns
and other interested parties on the
expected impact of this rule on small
entities.
DoD, GSA, and NASA will also
consider comments from small entities
concerning the existing regulations in
subparts affected by the rule in
accordance with 5 U.S.C. 610. Interested
parties must submit such comments
separately and should cite 5 U.S.C. 610
(FAR Case 2009–024), in
correspondence.
IV. Paperwork Reduction Act
The rule does not contain any
information collection requirements that
require the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
VerDate Mar<15>2010
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Jkt 223001
List of Subjects in 48 CFR Parts 8, 9,
and 52
Government procurement.
Dated: June 8, 2011.
Millisa Gary,
Acting Director, Federal Acquisition Policy
Division.
Therefore, DoD, GSA, and NASA
propose amending 48 CFR parts 8, 9,
and 52 as set forth below:
1. The authority citation for 48 CFR
parts 8, 9, and 52 continues to read as
follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 42 U.S.C. 2473(c).
2. Revise section 8.000 to read as
follows:
PART 8—REQUIRED SOURCES OF
SUPPLIES AND SERVICES
8.000
Scope of part.
This part deals with prioritizing
sources acquisition of supplies and
services for use by the Government.
3. Amend section 8.002 by—
a. Revising the section heading;
b. Removing from the introductory
text of paragraph (a) ‘‘sources’’ and
adding ‘‘mandatory Government
sources’’ in its place;
c. Removing paragraphs (a)(1)(vi),
(a)(1)(vii), and (a)(1)(viii); and
d. Revising paragraph (a)(2).
The revised text reads as follows:
8.002 Priorities for use of mandatory
Government sources.
(a) * * *
(2) Services. Services which are on the
Procurement List maintained by the
Committee for Purchase From People
Who Are Blind or Severely Disabled
(see subpart 8.7).
*
*
*
*
*
8.003
Use of other mandatory sources.
4. Amend section 8.003 by revising
the section heading as set forth above.
5. Redesignate section 8.004 as
section 8.005 and add a new section
8.004 to read as follows:
8.004
Use of other sources.
Where an agency is unable to satisfy
requirements for supplies and services
from the mandatory sources listed in
8.002 and 8.003, agencies are
encouraged to consider satisfying
requirements from or through the nonmandatory sources listed in paragraph
(a) of this section before considering the
non-mandatory sources listed in
paragraph (b) of this section.
(a)(1) Supplies. Federal Supply
Schedules, Governmentwide acquisition
contracts, multi-agency contracts, and
any other procurement instruments
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Fmt 4702
Sfmt 4702
34635
intended for use by multiple agencies,
including blanket purchase agreements
(BPAs) under Federal Supply Schedule
contracts (e.g., Federal Strategic
Sourcing Initiative (FSSI) agreements
accessible at https://www.gsa.gov/fssi
(see also 5.601)).
(2) Services. In addition to the sources
listed in paragraph (a)(1) of this section,
agencies are encouraged to consider
Federal Prison Industries, Inc.
(see subpart 8.6).
(b) Commercial sources (including
educational and non-profit institutions)
in the open market.
8.402
[Amended]
6. Amend section 8.402 by removing
from paragraph (a) ‘‘(see 8.002)’’ and
adding ‘‘(see 8.004)’’ in its place.
PART 9—CONTRACTOR
QUALIFICATIONS
9.405–1
[Amended]
7. Amend section 9.405–1 by
removing from paragraph (b)(2)
‘‘optional use’’.
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
52.208–9
[Amended]
8. Amend section 52.208–9 by
removing from the introductory
paragraph ‘‘8.004’’ and adding ‘‘8.005’’
in its place.
[FR Doc. 2011–14650 Filed 6–13–11; 8:45 am]
BILLING CODE 6820–EP–P
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
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
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
SUMMARY:
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Federal Register / Vol. 76, No. 114 / Tuesday, June 14, 2011 / Proposed Rules
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: https://
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 https://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 https://
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
VerDate Mar<15>2010
14:29 Jun 13, 2011
Jkt 223001
Docket Management System published
in the Federal Register on January 17,
2008, (73 FR 3316) or you may visit
https://edocket.access.gpo.gov/2008/pdf/
E8-785.pdf.
Public Participation: The https://
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 https://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
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Frm 00021
Fmt 4702
Sfmt 4702
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
§ 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
§ 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.
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Federal Register / Vol. 76, No. 114 / Tuesday, June 14, 2011 / Proposed Rules
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.
jdjones on DSK8KYBLC1PROD with PROPOSALS-1
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,
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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
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Fmt 4702
Sfmt 4702
34637
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 § 391.23 by revising (m)(2)
introductory text, (m)(2)(i) to read as
follows:
§ 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
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Federal Register / Vol. 76, No. 114 / Tuesday, June 14, 2011 / Proposed Rules
place a copy of it in the driver
qualification file before allowing the
driver to operate a CMV in interstate
commerce.
3. Revise § 391.41(a)(2)(i) to read as
follows:
§ 391.41
drivers.
Physical qualifications for
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(a) * * *
(2) * * *
VerDate Mar<15>2010
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Jkt 223001
(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 § 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
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Fmt 4702
Sfmt 9990
at § 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]
BILLING CODE 4910–EX–P
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Agencies
[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]
=======================================================================
-----------------------------------------------------------------------
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).
-----------------------------------------------------------------------
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: https://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 https://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 https://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 https://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.
Public Participation: The https://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 https://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]
BILLING CODE 4910-EX-P