Medical Certification Requirements as Part of the Commercial Driver's License (CDL); Extension of Certificate Retention Requirements, 70661-70663 [2011-29481]
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Federal Register / Vol. 76, No. 220 / Tuesday, November 15, 2011 / Rules and Regulations
Authority: 5 U.S.C. 301–302, 41 U.S.C.
1707(a) and (b), 41 U.S.C. 1702, 48 CFR part
1, subpart 1.3, and DHS Delegation Number
0700.
2. Section 3009.108–7001 is revised to
read as follows:
■
3009.108–7001
General.
7000 through 3009.108–7003, but it
plans to submit a request for waiver
pursuant to 3009.108–7004.
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Christina E. McDonald,
Associate General Counsel for Regulatory
Affairs, Department of Homeland Security.
Except as provided in (HSAR) 48 CFR
3009.108–7004, DHS may not enter into
any contract with a foreign incorporated
entity which is treated as an inverted
domestic corporation under subsection
(b) of section 835 of the Homeland
Security Act, 6 U.S.C. 395(b), or any
subsidiary of such an entity.
■ 3. Section 3009.108–7004(a) is revised
to read as follows:
[FR Doc. 2011–29388 Filed 11–14–11; 8:45 am]
3009.108–7004
[Docket No. FMCSA–1997–2210]
Waivers.
(a) The Secretary shall waive the
provisions of (HSAR) 48 CFR 3009.108–
7001 with respect to any specific
contract if the Secretary determines that
the waiver is required in the interest of
national security.
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PART 3052—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
BILLING CODE 9110–9B–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Part 391
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: Final rule.
AGENCY:
The FMCSA amends its
regulations 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
paper copies of their medical examiner’s
certificate. Interstate motor carriers are
also required to retain copies of their
drivers’ medical certificates in their
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 selfcertification and medical examiner’s
certificate data on the Commercial
Driver’s License Information System
(CDLIS) driver record. This rule does
not, however, extend the compliance
dates for States 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: This rule is effective December
15, 2011.
ADDRESSES: You may search background
documents or comments to the docket
for this rule, identified by docket
number FMCSA–1997–2210, by visiting
the:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for reviewing documents
and comments. Regulations.gov is
available electronically 24 hours each
day, 365 days a year; or
SUMMARY:
4. The authority citation for part 3052
is revised to read as follows:
■
Authority: 5 U.S.C. 301–302, 41 U.S.C.
1707(a) and (b), 41 U.S.C. 1702, 48 CFR part
1, subpart 1.3, and DHS Delegation Number
0700.
5. Section 3052.209–70 is amended by
revising the introductory text and
paragraph (f) of the clause to read as
follows:
■
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3052.209–70 Prohibition on contracts with
corporate expatriates.
As prescribed at (HSAR) 48 CFR
3009.108–7005, insert the following
clause:
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*
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*
(f) Disclosure. The offeror under this
solicitation represents that [Check one]:
l it is not a foreign incorporated
entity that should be treated as an
inverted domestic corporation pursuant
to the criteria of (HSAR) 48 CFR
3009.108–7000 through 3009.108–7003;
l it is a foreign incorporated entity
that should be treated as an inverted
domestic corporation pursuant to the
criteria of (HSAR) 48 CFR 3009.108–
7000 through 3009.108–7003, but it has
submitted a request for waiver pursuant
to 3009.108–7004, which has not been
denied; or
l it is a foreign incorporated entity
that should be treated as an inverted
domestic corporation pursuant to the
criteria of (HSAR) 48 CFR 3009.108–
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16:12 Nov 14, 2011
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70661
• DOT Docket Management Facility
(M–30): U.S. Department of
Transportation (DOT), 1200 New Jersey
Avenue SE., West Building, Ground
Floor, Room 12–140, Washington, DC
20590–0001.
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.
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,’’ published on December 1,
2008, (2008 final rule) (73 FR 73096–
73097), is also applicable to this rule.
Background
On December 1, 2008, FMCSA
published a final rule (73 FR 73096)
adopting regulations to implement
section 215 of the Motor Carrier Safety
Improvement Act of 1999 (MCSIA) (Pub.
L. 106–159, 113 Stat. 1767, Dec. 9,
1999). Section 215 directed initiation of
a rule to provide for a Federal medical
qualification certificate to be made a
part of commercial driver’s licenses.
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 final rule 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. The final
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70662
Federal Register / Vol. 76, No. 220 / Tuesday, November 15, 2011 / Rules and Regulations
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rule also implemented other conforming
requirements for both SDLAs and
employers (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 that 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. An SDLA’s inability to
receive and post 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.
The Notice of Proposed Rulemaking
On June 14, 2011, FMCSA published
a notice (76 FR 34635) proposing 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 his or her 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, an interstate
motor carrier that employs CDL holders
would 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)(i), if
the motor carrier is unable to obtain that
information from the SDLA issuing the
CDL due to the SDLA’s inability to post
the medical certificate data. In this way,
the Agency could ensure the medical
qualification of CDL holders until all
States are able to post the medical selfcertification and medical examiner’s
certificate data on the CDLIS driver
record.
The FMCSA did not propose to
change the compliance dates it
established in the 2008 final rule for
SDLAs. SDLAs are still expected to meet
the January 30, 2012, date specified in
49 CFR 383.73 to start collecting
information from CDL applicants and
posting and retaining this data on the
CDLIS driver record. In addition, SDLAs
are expected to collect and post the
same data from all existing CDL holders
by the January 30, 2014, compliance
date. The Agency believes that
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16:12 Nov 14, 2011
Jkt 226001
extending the requirement that both
interstate CDL holders and motor
carriers retain the copy of the medical
examiner’s certificate for 2 years,
however, will provide sufficient overlap
with the requirement that all SDLAs
obtain the medical status and medical
examiner’s certificate information and
post it on the driver’s CDLIS driver
record.
Response to Comments
Two State agencies, the Michigan
Department of State and the Missouri
Department of Transportation (MoDOT),
submitted comments to the June 14,
2011, proposal. Both agencies support
the proposal to extend certain
compliance dates for interstate CDL
drivers and the motor carriers that
employ them. But the Michigan
Department of State urged the Agency to
also extend, until January 2014, the
compliance dates established for States
in the 2008 final rule.
The MoDOT noted that the Agency
was silent regarding whether the
deferred implementation date also
applies to intrastate drivers and the
intrastate employers. According to this
commenter,
This omission creates uncertainty and
ambiguity regarding the intended scope and
meaning of these requirements. When the
States attempt to enforce these safety
regulations against intrastate drivers and
motor carriers, this kind of uncertainty and
ambiguity may be susceptible to exploitation
by alleged offenders or their defense
attorneys, and could potentially frustrate or
even to [sic] thwart the State’s ability to
prosecute apparent violations of these
requirements by intrastate drivers and motor
carriers.
FMCSA Response: The FMCSA
acknowledges Michigan’s concerns.
However, the Agency believes it is
necessary for the States to continue
working towards the January 2012
deadline. This is especially the case
given that Michigan provided no
justification in its comment for this
request. As provided in 49 CFR
384.301(d), Michigan, like all the other
States issuing CDLs, will have had 3
years (from the effective date of the final
rule on January 30, 2009) to comply,
and most States will be in compliance.
If Michigan or any other State is unable
to achieve substantial compliance with
the requirements of 49 CFR 384.225, as
adopted in December 2008, then the
compliance review standards and
procedures of 49 CFR part 384, subparts
C and D will be implemented. The
FMCSA will continue to work with the
States by providing technical assistance,
as resources permit, in achieving
compliance.
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Regarding MoDOT’s request for
FMCSA to make the provisions of this
final rule applicable to intrastate CDL
drivers and intrastate-only motor
carriers, applicable statutes provide no
authority for FMCSA to do so. As
explained in the preamble to the final
rule, FMCSA’s authority to require CDL
drivers to be physically-qualified and to
obtain a medical certificate is limited to
drivers in interstate commerce (49
U.S.C. 31305(a)(7)). Therefore, the
requirement in the 2008 final rule that
CDL drivers submit their medical
certificates to SDLAs only applies to
drivers engaged in interstate
transportation who are not excepted
from the requirement to be physically
qualified (73 FR 73097, 49 CFR 383.71
and 383.73). Because the 2008 final rule
does not apply to intrastate-only CDL
drivers in the first place, FMCSA cannot
take any action regarding the need for
such drivers to carry paper copies of any
medical certificates and for their
employers to obtain copies for their
driver qualification files.
The Final Rule
The Agency adopts the proposed rule
as final without any changes.
Rulemaking Analyses and Notices
Executive Order 12866 (Regulatory
Planning and Review) and DOT
Regulatory Policies and Procedures
The FMCSA has determined that this
final rule 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
rule to the Office of Management and
Budget (OMB). The changes made in
this final rule will have minimal costs
and 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 a medical
examiner’s certificate. Because
extending the current requirement will
not materially impact small entities, I
certify that this final rule will not have
a significant economic impact on a
substantial number of small entities.
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Federal Register / Vol. 76, No. 220 / Tuesday, November 15, 2011 / Rules and Regulations
Unfunded Mandates Reform Act of 1995
Paperwork Reduction Act
■
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
$143.1 million (which is the value in
2010 of $100 million after adjusting for
inflation) or more in any 1 year. The
FMCSA has determined that the impact
of this rulemaking will not reach this
threshold.
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. FMCSA has
determined that no new information
collection requirements are associated
with the requirements in this final rule.
§ 391.23
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 rule under
Executive Order 13045, Protection of
Children From Environmental Health
Risks and Safety Risks. The Agency
determined that this final rule does not
concern an environmental risk to health
or safety that may disproportionately
affect children.
Executive Order 12630 (Taking of
Private Property)
This final rule 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 final 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. Today’s final rule
does not change that determination in
any way.
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70663
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The FMCSA analyzed this final 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 final rule does not
have any significant impact on the
environment. In addition, the actions in
this rule 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 final 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 final rule is
exempt from the CAA’s general
conformity requirement since the action
results in no increase in emissions.
Executive Order 13211 (Energy Effects)
■
National Environmental Policy Act
The FMCSA analyzed this final rule
under Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. The Agency
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 amends 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:
The regulations implementing
Executive Order 12372 regarding
intergovernmental consultation on
Federal programs and activities do not
apply to this final rule.
Jkt 226001
Investigation and inquiries.
*
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*
*
(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
place a copy of it in the driver
qualification file before allowing the
driver to operate a CMV in interstate
commerce.
■
Executive Order 12372
(Intergovernmental Review)
2. Amend § 391.23 by revising
paragraphs (m)(2) introductory text,
(m)(2)(i) introductory text, and (m)(2)(ii)
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.
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*
3. Revise § 391.41(a)(2)(i) to read as
follows:
§ 391.41
drivers.
Physical qualifications for
(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 § 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 § 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: October 28, 2011.
Anne S. Ferro,
Administrator.
[FR Doc. 2011–29481 Filed 11–14–11; 8:45 am]
BILLING CODE 4910–EX–P
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]]>Agencies
[Federal Register Volume 76, Number 220 (Tuesday, November 15, 2011)]
[Rules and Regulations]
[Pages 70661-70663]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29481]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 391
[Docket No. FMCSA-1997-2210]
RIN 2126-AB39
Medical Certification Requirements as Part of the Commercial
Driver's License (CDL); Extension of Certificate Retention Requirements
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FMCSA amends its regulations 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 paper copies of their
medical examiner's certificate. Interstate motor carriers are also
required to retain copies of their drivers' medical certificates in
their 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 rule does not, however, extend the compliance dates
for States 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: This rule is effective December 15, 2011.
ADDRESSES: You may search background documents or comments to the
docket for this rule, identified by docket number FMCSA-1997-2210, by
visiting the:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for reviewing documents and comments.
Regulations.gov is available electronically 24 hours each day, 365 days
a year; or
DOT Docket Management Facility (M-30): U.S. Department of
Transportation (DOT), 1200 New Jersey Avenue SE., West Building, Ground
Floor, Room 12-140, Washington, DC 20590-0001.
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.
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,'' published on
December 1, 2008, (2008 final rule) (73 FR 73096-73097), is also
applicable to this rule.
Background
On December 1, 2008, FMCSA published a final rule (73 FR 73096)
adopting regulations to implement section 215 of the Motor Carrier
Safety Improvement Act of 1999 (MCSIA) (Pub. L. 106-159, 113 Stat.
1767, Dec. 9, 1999). Section 215 directed initiation of a rule to
provide for a Federal medical qualification certificate to be made a
part of commercial driver's licenses. 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 final rule 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. The final
[[Page 70662]]
rule also implemented other conforming requirements for both SDLAs and
employers (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 that 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. An SDLA's inability to receive and
post 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.
The Notice of Proposed Rulemaking
On June 14, 2011, FMCSA published a notice (76 FR 34635) proposing
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 his or her 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, an interstate motor carrier that employs CDL holders would
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)(i), if the motor carrier is unable to obtain that
information from the SDLA issuing the CDL due to the SDLA's inability
to post the medical certificate data. In this way, the Agency could
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.
The FMCSA did not propose to change the compliance dates it
established in the 2008 final rule for SDLAs. SDLAs are still expected
to meet the January 30, 2012, date specified in 49 CFR 383.73 to start
collecting information from CDL applicants and posting and retaining
this data on the CDLIS driver record. In addition, SDLAs are expected
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 that both interstate CDL holders and motor carriers
retain the copy of the medical examiner's certificate for 2 years,
however, will provide sufficient overlap with the requirement that all
SDLAs obtain the medical status and medical examiner's certificate
information and post it on the driver's CDLIS driver record.
Response to Comments
Two State agencies, the Michigan Department of State and the
Missouri Department of Transportation (MoDOT), submitted comments to
the June 14, 2011, proposal. Both agencies support the proposal to
extend certain compliance dates for interstate CDL drivers and the
motor carriers that employ them. But the Michigan Department of State
urged the Agency to also extend, until January 2014, the compliance
dates established for States in the 2008 final rule.
The MoDOT noted that the Agency was silent regarding whether the
deferred implementation date also applies to intrastate drivers and the
intrastate employers. According to this commenter,
This omission creates uncertainty and ambiguity regarding the
intended scope and meaning of these requirements. When the States
attempt to enforce these safety regulations against intrastate
drivers and motor carriers, this kind of uncertainty and ambiguity
may be susceptible to exploitation by alleged offenders or their
defense attorneys, and could potentially frustrate or even to [sic]
thwart the State's ability to prosecute apparent violations of these
requirements by intrastate drivers and motor carriers.
FMCSA Response: The FMCSA acknowledges Michigan's concerns.
However, the Agency believes it is necessary for the States to continue
working towards the January 2012 deadline. This is especially the case
given that Michigan provided no justification in its comment for this
request. As provided in 49 CFR 384.301(d), Michigan, like all the other
States issuing CDLs, will have had 3 years (from the effective date of
the final rule on January 30, 2009) to comply, and most States will be
in compliance. If Michigan or any other State is unable to achieve
substantial compliance with the requirements of 49 CFR 384.225, as
adopted in December 2008, then the compliance review standards and
procedures of 49 CFR part 384, subparts C and D will be implemented.
The FMCSA will continue to work with the States by providing technical
assistance, as resources permit, in achieving compliance.
Regarding MoDOT's request for FMCSA to make the provisions of this
final rule applicable to intrastate CDL drivers and intrastate-only
motor carriers, applicable statutes provide no authority for FMCSA to
do so. As explained in the preamble to the final rule, FMCSA's
authority to require CDL drivers to be physically-qualified and to
obtain a medical certificate is limited to drivers in interstate
commerce (49 U.S.C. 31305(a)(7)). Therefore, the requirement in the
2008 final rule that CDL drivers submit their medical certificates to
SDLAs only applies to drivers engaged in interstate transportation who
are not excepted from the requirement to be physically qualified (73 FR
73097, 49 CFR 383.71 and 383.73). Because the 2008 final rule does not
apply to intrastate-only CDL drivers in the first place, FMCSA cannot
take any action regarding the need for such drivers to carry paper
copies of any medical certificates and for their employers to obtain
copies for their driver qualification files.
The Final Rule
The Agency adopts the proposed rule as final without any changes.
Rulemaking Analyses and Notices
Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures
The FMCSA has determined that this final rule 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 rule
to the Office of Management and Budget (OMB). The changes made in this
final rule will have minimal costs and 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 a medical
examiner's certificate. Because extending the current requirement will
not materially impact small entities, I certify that this final rule
will not have a significant economic impact on a substantial number of
small entities.
[[Page 70663]]
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 $143.1 million (which is
the value in 2010 of $100 million after adjusting for inflation) or
more in any 1 year. The FMCSA has determined that the impact of this
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 rule under Executive Order 13045,
Protection of Children From Environmental Health Risks and Safety
Risks. The Agency determined that this final rule does not concern an
environmental risk to health or safety that may disproportionately
affect children.
Executive Order 12630 (Taking of Private Property)
This final rule 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 final 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. Today's final rule 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 final rule.
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. FMCSA has determined that no
new information collection requirements are associated with the
requirements in this final rule.
National Environmental Policy Act
The FMCSA analyzed this final 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 final rule does not have any
significant impact on the environment. In addition, the actions in this
rule 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 final 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
final rule 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 final rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. The Agency 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 amends title 49, Code of
Federal Regulations, Chapter III as follows:
PART 391--QUALIFICATIONS OF DRIVERS AND LONGER COMBINATION VEHICLE
(LCV) DRIVER INSTRUCTORS
0
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.
0
2. Amend Sec. 391.23 by revising paragraphs (m)(2) introductory text,
(m)(2)(i) introductory text, and (m)(2)(ii) 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 place a copy of it in the driver
qualification file before allowing the driver to operate a CMV in
interstate commerce.
0
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: October 28, 2011.
Anne S. Ferro,
Administrator.
[FR Doc. 2011-29481 Filed 11-14-11; 8:45 am]
BILLING CODE 4910-EX-P
