Medical Certification Requirements as Part of the Commercial Driver's License (CDL); Extension of Certificate Retention Requirements, 2377-2380 [2014-00445]
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Federal Register / Vol. 79, No. 9 / Tuesday, January 14, 2014 / Rules and Regulations
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
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Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.222 is amended by
adding paragraph (a)(7)(ii) to read as
follows:
■
§ 52.222
Negative declarations.
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(a) * * *
(7) * * *
(ii) Control of VOC Emissions from
Existing Stationary Sources, Volume VI:
Surface Coating of Miscellaneous Metal
Parts and Products; Control of VOC
Emissions from Solvent Metal Cleaning;
and Control of VOC Emissions from
Existing Stationary Sources, Volume
VIII: Graphic Arts—Rotogravure and
Flexography submitted on September
30, 2013 and adopted on December 11,
2012.
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[FR Doc. 2014–00398 Filed 1–13–14; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–1997–2210]
RIN 2126–AB71
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, 2015, the requirement that
interstate drivers subject to: either the
commercial driver’s license (CDL) or the
commercial learner’s permit (CLP)
regulations: as well as the Federal
physical qualification requirements,
must retain paper copies of their
medical examiner’s certificate when
operating a commercial motor vehicle.
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 that the medical
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DATES:
This rule is effective January 14,
2014.
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:
U.S. Department of Transportation
(DOT), 1200 New Jersey Avenue SE.,
West Building, Ground Floor, Room 12–
140, Washington, DC 20590–0001.
ADDRESSES:
Privacy Act
49 CFR Part 391
SUMMARY:
qualification of CDL and CLP holders
are documented adequately until all
State driver licensing agencies (SDLAs)
are able to post the drivers’ selfcertification whether the physical
qualifications standards are applicable
to them and the medical examiner’s
certificate information, on the
Commercial Driver’s License
Information System (CDLIS) driver
record. This rule does not, however,
extend the compliance dates for the
SDLA to collect and to post to the
CDLIS driver record the CDL holder’s
self-certification about applicable
standards and the medical examiner’s
certificate.
Anyone may search the electronic
form of all comments received into any
of our dockets by the name of the
individual submitting the comment (or
of the person signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s Privacy Act Statement for
the Federal Docket Management System
published in the Federal Register on
January 17, 2008 (73 FR 3316), or you
may visit https://www.gpo.gov/fdsys/
pkg/FR-2008-01-17/pdf/E8-785.pdf.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, email
or call 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 20590–001; Telephone
(202) 366–5014; Email
Robert.Redmond@dot.gov.
SUPPLEMENTARY INFORMATION:
I. Legal Basis
The legal basis of the final rule titled
Medical Certification Requirements as
Part of the Commercial Driver’s License,
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(2008 final rule) (73 FR 73096–73097),
is also applicable to this rule.
The legal basis for issuing this final
rule without an opportunity for public
comment, and without an effective date
at least 30 days after publication, are the
two ‘‘good cause’’ exceptions under the
Administrative Procedure Act (APA), 5
U.S.C. 553(b) and (d)(3). The APA
specifically provides exceptions to its
notice and comment rulemaking
procedures when the Agency finds that
there is good cause (and incorporates
the finding and a brief statement of
reasons therefore in the rules issued) to
dispense with them. Generally, good
cause exists when the agency
determines that notice and comment
procedures are impractical,
unnecessary, or contrary to the public
interest. 5 U.S.C. 553(b). The Agency
finds it necessary to take this action
without notice and comment because of
delays in implementation caused by
those SDLAs not yet in compliance with
the requirements of the 2008 final rule
required by January 30, 2014. It would
be impractical to conduct notice and
comment procedures in the short time
remaining before that date.
Moreover, under similar
circumstances in 2011, when notice and
an opportunity for public comment was
provided, no comments were submitted
either for or against the extension issued
at that time. Most SDLAs will be in
compliance by January 30, 2014, but
obviously unless all of the SDLAs
issuing CDLs and CLPs are in
compliance, it will still be necessary for
drivers and their employers to rely on
the paper medical examiner’s certificate
to verify that the driver is physically
qualified. Under these circumstances,
FMCSA believes that no comments
about this additional extension would
likely be submitted, and therefore the
notice and comment procedure is
unnecessary. Delaying this extension
beyond January 30, 2014 while
comments are received would create
uncertainty within the CDL and CLP
program and potential inconsistencies
in requirements and capabilities among
States, however briefly. In this instance,
notice and comment is therefore also
contrary to the public interest.
The APA also provides for an
exception to the required publication of
a final rule on not less than 30 days’
notice before its effective date. 5 U.S.C.
553(d)(3). The same reasons that justify
dispensing with notice and comment
procedures also justify making this final
rule effective immediately, as well as
the need to provide sufficient notice to
the SDLAs and the affected carriers and
drivers. FMCSA finds that there is good
cause for making this final rule effective
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Federal Register / Vol. 79, No. 9 / Tuesday, January 14, 2014 / Rules and Regulations
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on the date of publication in the Federal
Register.
II. 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 (set out as a note to
49 U.S.C. 31305) directed the Secretary
to initiate a rulemaking to provide for a
Federal medical qualification certificate
to be made a part of CDLs. 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 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 rule also implemented other
conforming requirements for both
SDLAs and employers (73 FR 73096–
73128). These requirements, for the
most part, had a compliance date of
January 30, 2012. On May 21, 2010, the
Agency published several technical
amendments to the 2008 final rule to
make corrections and to address
petitions for reconsideration of that final
rule (75 FR 28499–28502).
In 2011, several SDLAs advised the
Agency that they would 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 the information
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.
On November 15, 2011 (76 FR 70661),
FMCSA amended the 2008 final rule 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 while operating a
commercial motor vehicle. CDL holders
were required to continue carrying on
his or her person the medical
examiner’s certificate specified at 49
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CFR 391.43(h), or a copy, as valid proof
of medical certification. 49 CFR
391.41(a)(2). Also, an interstate motor
carrier that employs CDL holders would
continue to maintain a copy of the CDL
holder’s medical examiner’s certificate
in its driver qualification files, as
specified at 49 CFR 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 drivers’ selfcertification and medical examiner’s
certification information on the CDLIS
driver record.
In the 2011 final rule, FMCSA did not
change the compliance dates it
established in the 2008 final rule for
SDLAs. SDLAs were still expected to
meet the January 30, 2012, date
specified in 49 CFR 383.73 to start
collecting information from CDL
applicants and to post and retain this
data on the CDLIS driver record. In
addition, SDLAs were expected to
collect and post the same data from all
existing CDL holders by the January 30,
2014, compliance date. The Agency
believed, at that time, 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, would
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.
As a result of the commercial learner’s
permit (CLP) final rule, CLP holders
became subject to the same requirement
as CDL holders that a medical
examiner’s certificate be provided to the
SDLAs so that this information will be
available on the CDLIS record for CLP
holders. Commercial Driver’s License
Testing and Commercial Learner’s
Permit Standards, 76 FR 26854 (May 9,
2011). The application of these
requirements to CLP holders will
become effective on July 8, 2015. Id., 78
FR 17875 (March 25, 2013) and General
Technical, Organizational, and
Conforming Amendments to the Federal
Motor Carrier Safety Regulations, 78 FR
58470 (Sept. 24, 2013).
III. Discussion of Final Rule
As the extended date of January 30,
2014 draws nearer, FMCSA has
reluctantly concluded that there will
still be a few SDLAs that will not be
able to receive the required medical
certification and medical examiner’s
certificate information provided by a
non-excepted, interstate CDL holder,
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and then post it to the CDLIS driver
record. Under these circumstances, the
Agency cannot be certain that all CDL
holders and their employers will be able
to demonstrate or verify, respectively,
that the driver is medically certified in
compliance with the FMCSRs by
reliance on the CDLIS driver records
instead of the paper medical examiner’s
certificate. For this reason, FMCSA has
decided to again extend for another
year, until January 30, 2015, the date
after which sole reliance on such driver
records will be required for another
year. The necessary amendments to 49
CFR 391.23(m), 391.41(a) and
391.51(b)(7) to accomplish this
extension are set out below.
As indicated above, CLP applicants
and holders will be subject to the same
requirements to provide a medical
examiner’s certificate to the SDLAs
beginning on July 8, 2015. See 49 CFR
383.71(a)(2) and (h). By the same date,
SDLAs will be required to post that
information on the CDLIS driver record.
49 CFR 383.73(o) and 384.225(a)(2).
Therefore, conforming amendments to
both 49 CFR 391.23, 391.41 and 391.51
are also incorporated below.
IV. Regulatory Analyses
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 DOT
regulatory policies and procedures
(DOT Order 2100.5 dated May 22, 1980;
44 FR 11034, Feb. 26, 1979). Therefore,
the rule was not submitted to the Office
of Management and Budget (OMB) for a
formal review. 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, 2015, 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,
FMCSA certifies that this final rule will
not have a significant economic impact
on a substantial number of small
entities.
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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
$151 million (which is the value of $100
million after adjusting for inflation) or
more in any 1 year. The FMCSA has
determined that the impact of this final
rule will not reach this threshold.
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 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.
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Executive Order 12630 (Taking of
Private Property)
This final rule does not effect a taking
of private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference With Constitutionally
Protected Property Rights.
Privacy Impact Assessment
Section 522 of title I of division H of
the Consolidated Appropriations Act,
2005, enacted December 8, 2004 (Pub. L.
108–447, 118 Stat. 2809, 3268, 5 U.S.C.
552a note), requires the Agency to
conduct a privacy impact assessment of
a regulation that will affect the privacy
of individuals. This rule does not
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require the collection of personally
identifiable information.
responsibilities between the Federal
Government and Indian tribes.
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.
National Technology Transfer and
Advancement Act (Technical
Standards)
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through OMB, with
an explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards (e.g.,
specifications of materials, performance,
design, or operation; test methods;
sampling procedures; and related
management systems practices) are
standards that are developed or adopted
by voluntary consensus standards
bodies. This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
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 and
Clean Air 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.
E.O. 13175 (Indian Tribal Governments)
This rule does not have tribal
implications under E.O. 13175,
Consultation and Coordination with
Indian Tribal Governments, because it
does not have a substantial direct effect
on one or more Indian tribes, on the
relationship between the Federal
Government and Indian tribes, or on the
distribution of power and
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List of Subjects in 49 CFR Part 391
Motor carriers, Reporting and
recordkeeping requirements, Safety.
In consideration of the foregoing,
FMCSA amends title 49 CFR part 391 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. 504, 508, 31133,
31136, and 31502; sec. 4007(b) of Pub. L.
102–240, 105 Stat. 1914, 2152; sec. 114 of
Pub. L. 103–311, 108 Stat. 1673, 1677; sec.
215 of Pub. L. 106–159, 113 Stat. 1748, 1767;
sec. 32934 of Pub. L. 112–141, 126 Stat. 405,
830; and 49 CFR 1.87.
2. Amend § 391.23 by revising
paragraphs (m)(2) introductory text and
(m)(2)(i) introductory text and adding
paragraph (m)(3) to read as follows:
■
§ 391.23
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, 2015, 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:
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(ii) Until January 30, 2015, if a driver
operating in non-excepted, interstate
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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.
(3) Exception. For drivers required to
have a commercial learner’s permit
under part 383 of this chapter:
(i) Beginning July 8, 2015, 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:
(A) The type of operation the driver
self-certified that he or she will perform
in accordance with § 383.71(a)(1)(ii) and
(g) of this chapter.
(B) That the driver was certified by a
medical examiner listed on the National
Registry of Certified Medical Examiners
as of the date of medical examiner’s
certificate issuance.
(C) Exception. If the driver provided
the motor carrier with a copy of the
current medical examiner’s certificate
that was submitted to the State in
accordance with § 383.73(a)(5) of this
chapter, the motor carrier may use a
copy of that medical examiner’s
certificate as proof of the driver’s
medical certification for up to 15 days
after the date it was issued.
(ii) Until July 8, 2015, 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.
■ 3. In § 391.41, revise paragraph (a)(2)
to read as follows:
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§ 391.41
drivers.
Physical qualifications for
(a) * * *
(2) CDL/CLP exception. (i) Beginning
January 30, 2015, 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
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copy for more than 15 days after the
date it was issued as valid proof of
medical certification.
(ii) Beginning July 8, 2015, a driver
required to have a commercial learner’s
permit 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.
(iii) A CDL or CLP holder required by
§ 383.71(h) of this chapter to obtain a
medical examiner’s certificate, who
obtained such by virtue of having
obtained a medical variance from
FMCSA, must continue to have in his or
her possession the original or copy of
that medical variance documentation at
all times when on-duty.
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4. In § 391.51, revise paragraph
(b)(7)(ii) to read as follows:
■
§ 391.51 General requirements for driver
qualification files.
*
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*
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(b) * * *
(7) * * *
(ii) Exception. For CDL holders,
beginning January 30, 2012, if the CDLIS
motor vehicle record contains medical
certification status information, the
motor carrier employer must meet this
requirement by obtaining the CDLIS
motor vehicle record defined at
§ 384.105 of this chapter. That record
must be obtained from the current
licensing State and placed in the driver
qualification file. After January 30,
2015, a non-excepted, interstate CDL or
CLP holder without medical
certification status information on the
CDLIS motor vehicle record is
designated ‘‘not-certified’’ to operate a
CMV in interstate commerce. After
January 30, 2015, a motor carrier may
use a copy of the driver’s current
medical examiner’s certificate that was
submitted to the State for up to 15 days
from the date it was issued as proof of
medical certification.
*
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*
Issued under the authority delegated in 49
CFR 1.87 on: January 8, 2014.
Anne S. Ferro,
Administrator.
[FR Doc. 2014–00445 Filed 1–13–14; 8:45 am]
BILLING CODE 4910–EX–P
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket Nos. FWS–R4–ES–2011–0043;
FWS–R2–ES–2013–0001; FWS–R4–ES–
2013–0026; 4500030113]
RINs 1018–AX83; 1018–AZ24; 1018–AZ48
Endangered and Threatened Wildlife
and Plants; Corrections to Rules
Adding Species to the List of
Endangered Wildlife
Fish and Wildlife Service,
Interior.
ACTION: Final rules; corrections.
AGENCY:
We, the U.S. Fish and
Wildlife Service, published final rules
in the Federal Register on April 6, 2012,
August 20, 2013, and September 26,
2013, revising our List of Endangered
and Threatened Wildlife. Inadvertently,
we made some errors in our amendatory
instructions. With this technical
correction, we correct those errors.
DATES: Effective January 14, 2014.
FOR FURTHER INFORMATION CONTACT:
Susan Wilkinson, (703) 358–2506.
SUPPLEMENTARY INFORMATION: The Office
of the Federal Register (OFR) has made
us aware that one rule that published in
2012 and two rules that published in
2013 to revise the List of Endangered
and Threatened Wildlife (List) in title 50
of the Code of Federal Regulations (CFR)
at 50 CFR part 17 contained amendatory
instructions that could not be followed.
This document corrects these
administrative errors, which in turn
corrects errors in the List in § 17.11(h).
SUMMARY:
Final Rule of April 6, 2012 (77 FR
20948)
In a rule that published April 6, 2012,
‘‘Listing of the Miami Blue Butterfly as
Endangered Throughout Its Range;
Listing of the Cassius Blue, Ceraunus
Blue, and Nickerbean Blue Butterflies as
Threatened Due to Similarity of
Appearance to the Miami Blue Butterfly
in Coastal South and Central Florida’’
(77 FR 20948), the second amendatory
instruction at 77 FR 20986 directed OFR
to amend § 17.11(h) by adding entries
for four species to the List. For three of
the species, the instruction was to
include these words in the Status
column of the List: ‘‘T(S/A) (coastal
south and central FL).’’ However, the
configuration of the table as presented
in the CFR does not provide sufficient
space in that column to accommodate
an addition of that length (i.e., most
entries in the Status column consist of
just a single letter, with the longest
E:\FR\FM\14JAR1.SGM
14JAR1
]]>Agencies
[Federal Register Volume 79, Number 9 (Tuesday, January 14, 2014)]
[Rules and Regulations]
[Pages 2377-2380]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-00445]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 391
[Docket No. FMCSA-1997-2210]
RIN 2126-AB71
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.
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SUMMARY: The FMCSA amends its regulations to keep in effect until
January 30, 2015, the requirement that interstate drivers subject to:
either the commercial driver's license (CDL) or the commercial
learner's permit (CLP) regulations: as well as the Federal physical
qualification requirements, must retain paper copies of their medical
examiner's certificate when operating a commercial motor vehicle.
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 that the medical qualification of CDL
and CLP holders are documented adequately until all State driver
licensing agencies (SDLAs) are able to post the drivers' self-
certification whether the physical qualifications standards are
applicable to them and the medical examiner's certificate information,
on the Commercial Driver's License Information System (CDLIS) driver
record. This rule does not, however, extend the compliance dates for
the SDLA to collect and to post to the CDLIS driver record the CDL
holder's self-certification about applicable standards and the medical
examiner's certificate.
DATES: This rule is effective January 14, 2014.
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: 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 may search the electronic form of all comments received into
any of our dockets by the name of the individual submitting the comment
(or of the person signing the comment, if submitted on behalf of an
association, business, labor union, etc.). You may review DOT's Privacy
Act Statement for the Federal Docket Management System published in the
Federal Register on January 17, 2008 (73 FR 3316), or you may visit
https://www.gpo.gov/fdsys/pkg/FR-2008-01-17/pdf/E8-785.pdf.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
email or call 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 20590-001; Telephone (202) 366-5014; Email
Robert.Redmond@dot.gov.
SUPPLEMENTARY INFORMATION:
I. Legal Basis
The legal basis of the final rule titled Medical Certification
Requirements as Part of the Commercial Driver's License, (2008 final
rule) (73 FR 73096-73097), is also applicable to this rule.
The legal basis for issuing this final rule without an opportunity
for public comment, and without an effective date at least 30 days
after publication, are the two ``good cause'' exceptions under the
Administrative Procedure Act (APA), 5 U.S.C. 553(b) and (d)(3). The APA
specifically provides exceptions to its notice and comment rulemaking
procedures when the Agency finds that there is good cause (and
incorporates the finding and a brief statement of reasons therefore in
the rules issued) to dispense with them. Generally, good cause exists
when the agency determines that notice and comment procedures are
impractical, unnecessary, or contrary to the public interest. 5 U.S.C.
553(b). The Agency finds it necessary to take this action without
notice and comment because of delays in implementation caused by those
SDLAs not yet in compliance with the requirements of the 2008 final
rule required by January 30, 2014. It would be impractical to conduct
notice and comment procedures in the short time remaining before that
date.
Moreover, under similar circumstances in 2011, when notice and an
opportunity for public comment was provided, no comments were submitted
either for or against the extension issued at that time. Most SDLAs
will be in compliance by January 30, 2014, but obviously unless all of
the SDLAs issuing CDLs and CLPs are in compliance, it will still be
necessary for drivers and their employers to rely on the paper medical
examiner's certificate to verify that the driver is physically
qualified. Under these circumstances, FMCSA believes that no comments
about this additional extension would likely be submitted, and
therefore the notice and comment procedure is unnecessary. Delaying
this extension beyond January 30, 2014 while comments are received
would create uncertainty within the CDL and CLP program and potential
inconsistencies in requirements and capabilities among States, however
briefly. In this instance, notice and comment is therefore also
contrary to the public interest.
The APA also provides for an exception to the required publication
of a final rule on not less than 30 days' notice before its effective
date. 5 U.S.C. 553(d)(3). The same reasons that justify dispensing with
notice and comment procedures also justify making this final rule
effective immediately, as well as the need to provide sufficient notice
to the SDLAs and the affected carriers and drivers. FMCSA finds that
there is good cause for making this final rule effective
[[Page 2378]]
on the date of publication in the Federal Register.
II. 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 (set out as a note to 49 U.S.C. 31305)
directed the Secretary to initiate a rulemaking to provide for a
Federal medical qualification certificate to be made a part of CDLs.
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 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 rule also
implemented other conforming requirements for both SDLAs and employers
(73 FR 73096-73128). These requirements, for the most part, had a
compliance date of January 30, 2012. On May 21, 2010, the Agency
published several technical amendments to the 2008 final rule to make
corrections and to address petitions for reconsideration of that final
rule (75 FR 28499-28502).
In 2011, several SDLAs advised the Agency that they would 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 the
information 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.
On November 15, 2011 (76 FR 70661), FMCSA amended the 2008 final
rule 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 while operating a commercial motor vehicle. CDL holders
were required to continue carrying on his or her person the medical
examiner's certificate specified at 49 CFR 391.43(h), or a copy, as
valid proof of medical certification. 49 CFR 391.41(a)(2). Also, an
interstate motor carrier that employs CDL holders would continue to
maintain a copy of the CDL holder's medical examiner's certificate in
its driver qualification files, as specified at 49 CFR 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 drivers'
self-certification and medical examiner's certification information on
the CDLIS driver record.
In the 2011 final rule, FMCSA did not change the compliance dates
it established in the 2008 final rule for SDLAs. SDLAs were still
expected to meet the January 30, 2012, date specified in 49 CFR 383.73
to start collecting information from CDL applicants and to post and
retain this data on the CDLIS driver record. In addition, SDLAs were
expected to collect and post the same data from all existing CDL
holders by the January 30, 2014, compliance date. The Agency believed,
at that time, 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, would 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.
As a result of the commercial learner's permit (CLP) final rule,
CLP holders became subject to the same requirement as CDL holders that
a medical examiner's certificate be provided to the SDLAs so that this
information will be available on the CDLIS record for CLP holders.
Commercial Driver's License Testing and Commercial Learner's Permit
Standards, 76 FR 26854 (May 9, 2011). The application of these
requirements to CLP holders will become effective on July 8, 2015. Id.,
78 FR 17875 (March 25, 2013) and General Technical, Organizational, and
Conforming Amendments to the Federal Motor Carrier Safety Regulations,
78 FR 58470 (Sept. 24, 2013).
III. Discussion of Final Rule
As the extended date of January 30, 2014 draws nearer, FMCSA has
reluctantly concluded that there will still be a few SDLAs that will
not be able to receive the required medical certification and medical
examiner's certificate information provided by a non-excepted,
interstate CDL holder, and then post it to the CDLIS driver record.
Under these circumstances, the Agency cannot be certain that all CDL
holders and their employers will be able to demonstrate or verify,
respectively, that the driver is medically certified in compliance with
the FMCSRs by reliance on the CDLIS driver records instead of the paper
medical examiner's certificate. For this reason, FMCSA has decided to
again extend for another year, until January 30, 2015, the date after
which sole reliance on such driver records will be required for another
year. The necessary amendments to 49 CFR 391.23(m), 391.41(a) and
391.51(b)(7) to accomplish this extension are set out below.
As indicated above, CLP applicants and holders will be subject to
the same requirements to provide a medical examiner's certificate to
the SDLAs beginning on July 8, 2015. See 49 CFR 383.71(a)(2) and (h).
By the same date, SDLAs will be required to post that information on
the CDLIS driver record. 49 CFR 383.73(o) and 384.225(a)(2). Therefore,
conforming amendments to both 49 CFR 391.23, 391.41 and 391.51 are also
incorporated below.
IV. Regulatory Analyses
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 DOT regulatory policies and procedures (DOT Order
2100.5 dated May 22, 1980; 44 FR 11034, Feb. 26, 1979). Therefore, the
rule was not submitted to the Office of Management and Budget (OMB) for
a formal review. 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, 2015, 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, FMCSA certifies that this final
rule will not have a significant economic impact on a substantial
number of small entities.
[[Page 2379]]
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 $151 million (which is the
value of $100 million after adjusting for inflation) or more in any 1
year. The FMCSA has determined that the impact of this final rule will
not reach this threshold.
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 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 effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference With Constitutionally Protected
Property Rights.
Privacy Impact Assessment
Section 522 of title I of division H of the Consolidated
Appropriations Act, 2005, enacted December 8, 2004 (Pub. L. 108-447,
118 Stat. 2809, 3268, 5 U.S.C. 552a note), requires the Agency to
conduct a privacy impact assessment of a regulation that will affect
the privacy of individuals. This rule does not require the collection
of personally identifiable information.
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 and Clean Air 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.
E.O. 13175 (Indian Tribal Governments)
This rule does not have tribal implications under E.O. 13175,
Consultation and Coordination with Indian Tribal Governments, because
it does not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes.
National Technology Transfer and Advancement Act (Technical Standards)
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through OMB, with an explanation of why using these standards would be
inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards (e.g., specifications of materials, performance,
design, or operation; test methods; sampling procedures; and related
management systems practices) are standards that are developed or
adopted by voluntary consensus standards bodies. This rule does not use
technical standards. Therefore, we did not consider the use of
voluntary consensus standards.
List of Subjects in 49 CFR Part 391
Motor carriers, Reporting and recordkeeping requirements, Safety.
In consideration of the foregoing, FMCSA amends title 49 CFR part
391 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. 504, 508, 31133, 31136, and 31502; sec.
4007(b) of Pub. L. 102-240, 105 Stat. 1914, 2152; sec. 114 of Pub.
L. 103-311, 108 Stat. 1673, 1677; sec. 215 of Pub. L. 106-159, 113
Stat. 1748, 1767; sec. 32934 of Pub. L. 112-141, 126 Stat. 405, 830;
and 49 CFR 1.87.
0
2. Amend Sec. 391.23 by revising paragraphs (m)(2) introductory text
and (m)(2)(i) introductory text and adding paragraph (m)(3) 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, 2015, 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, 2015, if a driver operating in non-excepted,
interstate
[[Page 2380]]
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.
(3) Exception. For drivers required to have a commercial learner's
permit under part 383 of this chapter:
(i) Beginning July 8, 2015, 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:
(A) The type of operation the driver self-certified that he or she
will perform in accordance with Sec. 383.71(a)(1)(ii) and (g) of this
chapter.
(B) That the driver was certified by a medical examiner listed on
the National Registry of Certified Medical Examiners as of the date of
medical examiner's certificate issuance.
(C) Exception. If the driver provided the motor carrier with a copy
of the current medical examiner's certificate that was submitted to the
State in accordance with Sec. 383.73(a)(5) of this chapter, the motor
carrier may use a copy of that medical examiner's certificate as proof
of the driver's medical certification for up to 15 days after the date
it was issued.
(ii) Until July 8, 2015, 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. In Sec. 391.41, revise paragraph (a)(2) to read as follows:
Sec. 391.41 Physical qualifications for drivers.
(a) * * *
(2) CDL/CLP exception. (i) Beginning January 30, 2015, 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.
(ii) Beginning July 8, 2015, a driver required to have a commercial
learner's permit 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.
(iii) A CDL or CLP holder required by Sec. 383.71(h) of this
chapter to obtain a medical examiner's certificate, who obtained such
by virtue of having obtained a medical variance from FMCSA, must
continue to have in his or her possession the original or copy of that
medical variance documentation at all times when on-duty.
* * * * *
0
4. In Sec. 391.51, revise paragraph (b)(7)(ii) to read as follows:
Sec. 391.51 General requirements for driver qualification files.
* * * * *
(b) * * *
(7) * * *
(ii) Exception. For CDL holders, beginning January 30, 2012, if the
CDLIS motor vehicle record contains medical certification status
information, the motor carrier employer must meet this requirement by
obtaining the CDLIS motor vehicle record defined at Sec. 384.105 of
this chapter. That record must be obtained from the current licensing
State and placed in the driver qualification file. After January 30,
2015, a non-excepted, interstate CDL or CLP holder without medical
certification status information on the CDLIS motor vehicle record is
designated ``not-certified'' to operate a CMV in interstate commerce.
After January 30, 2015, a motor carrier may use a copy of the driver's
current medical examiner's certificate that was submitted to the State
for up to 15 days from the date it was issued as proof of medical
certification.
* * * * *
Issued under the authority delegated in 49 CFR 1.87 on: January
8, 2014.
Anne S. Ferro,
Administrator.
[FR Doc. 2014-00445 Filed 1-13-14; 8:45 am]
BILLING CODE 4910-EX-P
