Medical Examiner's Certification Integration; Correction, 35577-35596 [2015-15161]
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Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Rules and Regulations
with 30 days of the carrier providing
such notice, the eligible
telecommunications carrier shall not
terminate the subscriber’s Lifeline
service. Eligible telecommunications
carriers shall report to the Commission
annually the number of subscribers deenrolled for non-usage under this
paragraph. This de-enrollment
information must reported by month
and must be submitted to the
Commission at the time an eligible
telecommunications carrier submits its
annual certification report pursuant to
§ 54.416.
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■ 3. Amend § 54.407 by revising the
paragraph (c) introductory text to read
as follows:
35577
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List of Subjects in 47 CFR Part 54
Communications common carriers,
Reporting and recordkeeping
requirements, Telecommunications,
Telephone.
Federal Communications Commission.
Ryan B. Palmer,
Chief, Telecommunication Access Policy
Division, Wireline Competition Bureau.
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(c) An eligible telecommunications
carrier offering a Lifeline service that
does not require the eligible
telecommunications carrier to assess
and collect a monthly fee from its
subscribers:
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found not to be qualified) to FMCSA by
midnight (local time) of the next
calendar day following the examination.
That final rule was a follow-on rule to
the Medical Certification Requirements
as Part of the CDL rule final rule,
published on December 1, 2008, and the
National Registry of Certified Medical
Examiners final rule, published on April
20, 2012.
DATES: Effective June 22, 2015.
FOR FURTHER INFORMATION CONTACT:
Charles A. Horan, III, Director, Carrier,
Driver, & Vehicle Safety Standards,
Federal Motor Carrier Safety
Administration, 1200 New Jersey
Avenue SE., Washington, DC 20590–
0001, by telephone at (202) 366–4001 or
via email at fmcsamedical@dot.gov.
SUPPLEMENTARY INFORMATION: In FR Doc.
2015–09053, published on Thursday,
April 23, 2015 80 FR (22790) the
following corrections are made.
[FR Doc. 2015–15295 Filed 6–19–15; 8:45 am]
Corrections to the Preamble
1. On page 22798, in the third
column, in FMCSA’s response to
comment number 8. Voiding the MEC,
the first sentence under the heading
‘‘FMCSA Response’’ is corrected to read
as follows:
this Order shall be effective July 22,
2015, except to the extent expressly
addressed below.
11. It is further ordered that the
relevant rules are amended as set forth
below. Those rules contain modified
information collection requirements that
are subject to the PRA and shall become
effective July 22, 2015.
12. It is further ordered that the
Commission shall send a copy of this
Order in a report to be sent to Congress
and the Government Accountability
Office pursuant to the Congressional
Review Act.
13. It is further ordered that the
Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
this Order, including the Final
Regulatory Flexibility Certification, to
the Chief Counsel for Advocacy of the
Small Business Administration.
§ 54.407
Lifeline.
Reimbursement for offering
BILLING CODE 6712–01–P
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 54 to
read as follows:
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
PART 54—UNIVERSAL SERVICE
49 CFR Parts 383, 384 and 391
1. The authority citation for part 54
continues to read as follows:
■
[Docket No. FMCSA–2012–0178]
Authority: 47 U.S.C. 151, 154(i), 155, 201,
205, 214, 219, 220, 254, 303(r), 403, and 1302
unless otherwise noted.
2. Amend § 54.405 by revising
paragraph (e)(3) to read as follows:
■
§ 54.405
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(e) * * *
(3) De-enrollment for non-usage.
Notwithstanding paragraph (e)(1) of this
section, if a Lifeline subscriber fails to
use, as ‘‘usage’’ is defined in
§ 54.407(c)(2), for 60 consecutive days a
Lifeline service that does not require the
eligible telecommunications carrier to
assess and collect a monthly fee from its
subscribers, an eligible
telecommunications carrier must
provide the subscriber 30 days’ notice,
using clear, easily understood language,
that the subscriber’s failure to use the
Lifeline service within the 30-day notice
period will result in service termination
for non-usage under this paragraph. If
the subscriber uses the Lifeline service
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Medical Examiner’s Certification
Integration; Correction
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Final rule; correction.
AGENCY:
Carrier obligation to offer Lifeline.
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RIN 2126–AB40
FMCSA makes corrections to
a rule that appeared in the Federal
Register on April 23, 2015 (80 FR
22790). In that rule, FMCSA amended
the Federal Motor Carrier Safety
Regulations (FMCSRs) to require
certified medical examiners (MEs)
performing physical examinations of
commercial motor vehicle (CMV)
drivers to use a newly developed
Medical Examination Report (MER)
Form, MCSA–5875, in place of the
current MER Form and to use Form
MCSA–5876 for the Medical Examiner’s
Certificate (MEC); and report results of
all CMV drivers’ physical examinations
performed (including the results of
examinations where the driver was
SUMMARY:
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As explained in both the National Registry
final rule (77 FR at 24108) and in the NPRM
in this rulemaking (78 FR at 27348), under
the authority granted by 49 U.S.C.
31149(c)(2), FMCSA may void an MEC issued
to a CMV driver if it finds either that a
Medical Examiner has issued a certificate to
a driver ‘‘who fails to meet the applicable
standards at the time of the examination’’ or
‘‘that a Medical Examiner has falsely claimed
to have completed training in physical and
medical examination standards.’’
2. Beginning on page 22810, in the
third column, and continuing on page
22811, in the first column, in § 383.73,
paragraphs (a)(2)(vii), (b)(5), (o)(1)(i)(A),
and (o)(1)(ii)(A) are corrected to read as
follows:
§ 383.73 State procedures
(a) * * *
(2) * * *
(vii)(A) Before June 22, 2018, for
drivers who certified their type of
driving according to § 383.71(b)(1)(i)
(non-excepted interstate) and, if the CLP
applicant submits a current medical
examiner’s certificate, date-stamp the
medical examiner’s certificate, and post
all required information from the
medical examiner’s certificate to the
CDLIS driver record in accordance with
paragraph (o) of this section.
(B) On or after June 22, 2018, for
drivers who certified their type of
driving according to § 383.71(b)(1)(i)
(non-excepted interstate) and, if FMCSA
provides current medical examiner’s
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Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Rules and Regulations
certificate information electronically,
post all required information matching
the medical examiner’s certificate to the
CDLIS driver record in accordance with
paragraph (o) of this section.
(b) * * *
(5)(i) Before June 22, 2018, for drivers
who certified their type of driving
according to § 383.71(b)(1)(i) (nonexcepted interstate) and, if the CDL
holder submits a current medical
examiner’s certificate, date-stamp the
medical examiner’s certificate and post
all required information from the
medical examiner’s certificate to the
CDLIS driver record in accordance with
paragraph (o) of this section.
(ii) On or after June 22, 2018, for
drivers who certified their type of
driving according to § 383.71(b)(1)(i)
(non-excepted interstate) and, if FMCSA
provides current medical examiner’s
certificate information electronically,
post all required information matching
the medical examiner’s certificate to the
CDLIS driver record in accordance with
paragraph (o) of this section.
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(o) * * *
(1) * * *
(i) * * *
(A) Post the driver’s self-certification
of type of driving under § 383.71(b)(1) to
the CDLIS driver record;
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(ii) * * *
(A) Post the driver’s self-certification
of type of driving under § 383.71(b)(1) to
the CDLIS driver record;
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Part 391 Authority [Corrected]
3. On page 22812, in the first column,
the authority citation for part 391 is
corrected to read as follows:
Authority: 49 U.S.C. 504, 508, 31133,
31136, 31149 and 31502; sec. 4007(b), Pub.
L. 102–240, 105 Stat, 1914, 2152; sec. 114,
Pub. L. 103–311, 108 Stat. 1673, 1677; sec.
215, Pub. L. 106–159, 113 Stat. 1748, 1767;
and 49 CFR 1.87.
4. On page 22812, beginning at the top
of the second column and continuing at
the top of the third column, in § 391.23,
paragraphs (m)(2)(i) and (m)(3) are
corrected 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
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17:04 Jun 19, 2015
Jkt 235001
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(b)(1) of this
chapter.
(B)(1) Beginning on May 21, 2014, and
ending on June 22, 2018, 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.
(2) If the driver has certified under
paragraph (m)(2)(i)(A) of this section
that he or she expects to operate in
interstate commerce, that the driver has
a valid medical examiner’s certificate
and any required medical variances.
(C) Exception. Beginning on January
30, 2015 and until June 22, 2018, 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(b)(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.
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(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(b)(1) and
(g) of this chapter.
(B)(1) Until June 22, 2018, 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.
(2) If the driver has a commercial
learner’s permit and has certified under
paragraph (m)(3)(i)(A) of this section
that he or she expects to operate in
interstate commerce, that the driver has
a valid medical examiner’s certificate
and any required medical variances.
(C) Until June 22, 2018, 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.
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(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.
5. Beginning on page 22812, in the
third column, and continuing to page
22821, in the third column, in § 391.43,
paragraphs (f), (g)(5)(ii), and (h) are
corrected to read as follows:
§ 391.43 Medical examination;
certificate of physical examination.
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(f)(1) Until December 22, 2015, the
medical examination shall be
performed, and its results shall be
recorded, substantially in accordance
with the following instructions and
examination form.
Instructions for Performing and
Recording Physical Examinations
The medical examiner must be
familiar with 49 CFR 391.41, Physical
qualifications for drivers, and should
review these instructions before
performing the physical examination.
Answer each question ‘‘yes’’ or ‘‘no’’
and record numerical readings where
indicated on the physical examination
form.
The medical examiner must be aware
of the rigorous physical, mental, and
emotional demands placed on the driver
of a commercial motor vehicle. In the
interest of public safety, the medical
examiner is required to certify that the
driver does not have any physical,
mental, or organic condition that might
affect the driver’s ability to operate a
commercial motor vehicle safely.
General information. The purpose of
this history and physical examination is
to detect the presence of physical,
mental, or organic conditions of such a
character and extent as to affect the
driver’s ability to operate a commercial
motor vehicle safely. The examination
should be conducted carefully and
should at least include all of the
information requested in the following
form. History of certain conditions may
be cause for rejection. Indicate the need
for further testing and/or require
evaluation by a specialist. Conditions
may be recorded which do not, because
of their character or degree, indicate that
certification of physical fitness should
be denied. However, these conditions
should be discussed with the driver and
he/she should be advised to take the
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necessary steps to insure correction,
particularly of those conditions which,
if neglected, might affect the driver’s
ability to drive safely.
General appearance and
development. Note marked overweight.
Note any postural defect, perceptible
limp, tremor, or other conditions that
might be caused by alcoholism, thyroid
intoxication or other illnesses.
Head-eyes. When other than the
Snellen chart is used, the results of such
test must be expressed in values
comparable to the standard Snellen test.
If the driver wears corrective lenses for
driving, these should be worn while
driver’s visual acuity is being tested. If
contact lenses are worn, there should be
sufficient evidence of good tolerance of
and adaptation to their use. Indicate the
driver’s need to wear corrective lenses
to meet the vision standard on the
Medical Examiner’s Certificate by
checking the box, ‘‘Qualified only when
wearing corrective lenses.’’ In recording
distance vision use 20 feet as normal.
Report all vision as a fraction with 20
as the numerator and the smallest type
read at 20 feet as the denominator.
Monocular drivers are not qualified to
operate commercial motor vehicles in
interstate commerce.
Ears. Note evidence of any ear
disease, symptoms of aural vertigo, or
Meniere’s Syndrome. When recording
hearing, record distance from patient at
which a forced whispered voice can first
be heard. For the whispered voice test,
the individual should be stationed at
least 5 feet from the examiner with the
ear being tested turned toward the
examiner. The other ear is covered.
Using the breath which remains after a
normal expiration, the examiner
whispers words or random numbers
such as 66, 18, 23, etc. The examiner
should not use only sibilants (ssounding test materials). The opposite
ear should be tested in the same
manner. If the individual fails the
whispered voice test, the audiometric
test should be administered. For the
audiometric test, record decibel loss at
500 Hz, 1,000 Hz, and 2,000 Hz.
Average the decibel loss at 500 Hz,
1,000 Hz and 2,000 Hz and record as
described on the form. If the individual
fails the audiometric test and the
whispered voice test has not been
administered, the whispered voice test
should be performed to determine if the
standard applicable to that test can be
met.
Throat. Note any irremediable
deformities likely to interfere with
breathing or swallowing.
Heart. Note murmurs and
arrhythmias, and any history of an
enlarged heart, congestive heart failure,
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17:04 Jun 19, 2015
Jkt 235001
or cardiovascular disease that is
accompanied by syncope, dyspnea, or
collapse. Indicate onset date, diagnosis,
medication, and any current limitation.
An electrocardiogram is required when
findings so indicate.
Blood pressure (BP). If a driver has
hypertension and/or is being medicated
for hypertension, he or she should be
recertified more frequently. An
individual diagnosed with Stage 1
hypertension (BP is 140/90–159/99)
may be certified for one year. At
recertification, an individual with a BP
equal to or less than 140/90 may be
certified for one year; however, if his or
her BP is greater than 140/90 but less
than 160/100, a one-time certificate for
3 months can be issued. An individual
diagnosed with Stage 2 (BP is 160/100–
179/109) should be treated and a onetime certificate for 3-month certification
can be issued. Once the driver has
reduced his or her BP to equal to or less
than 140/90, he or she may be
recertified annually thereafter. An
individual diagnosed with Stage 3
hypertension (BP equal to or greater
than 180/110) should not be certified
until his or her BP is reduced to 140/
90 or less, and may be recertified every
6 months.
Lungs. Note abnormal chest wall
expansion, respiratory rate, breath
sounds including wheezes or alveolar
rales, impaired respiratory function,
dyspnea, or cyanosis. Abnormal finds
on physical exam may require further
testing such as pulmonary tests and/or
x-ray of chest.
Abdomen and Viscera. Note enlarged
liver, enlarged spleen, abnormal masses,
bruits, hernia, and significant
abdominal wall muscle weakness and
tenderness. If the diagnosis suggests that
the condition might interfere with the
control and safe operation of a
commercial motor vehicle, further
testing and evaluation is required.
Genital-urinary and rectal
examination. A urinalysis is required.
Protein, blood or sugar in the urine may
be an indication for further testing to
rule out any underlying medical
problems. Note hernias. A condition
causing discomfort should be evaluated
to determine the extent to which the
condition might interfere with the
control and safe operation of a
commercial motor vehicle.
Neurological. Note impaired
equilibrium, coordination, or speech
pattern; paresthesia; asymmetric deep
tendon reflexes; sensory or positional
abnormalities; abnormal patellar and
Babinski’s reflexes; ataxia. Abnormal
neurological responses may be an
indication for further testing to rule out
an underlying medical condition. Any
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35579
neurological condition should be
evaluated for the nature and severity of
the condition, the degree of limitation
present, the likelihood of progressive
limitation, and the potential for sudden
incapacitation. In instances where the
medical examiner has determined that
more frequent monitoring of a condition
is appropriate, a certificate for a shorter
period should be issued.
Spine, musculoskeletal. Previous
surgery, deformities, limitation of
motion, and tenderness should be
noted. Findings may indicate additional
testing and evaluation should be
conducted.
Extremities. Carefully examine upper
and lower extremities and note any loss
or impairment of leg, foot, toe, arm,
hand, or finger. Note any deformities,
atrophy, paralysis, partial paralysis,
clubbing, edema, or hypotonia. If a hand
or finger deformity exists, determine
whether prehension and power grasp
are sufficient to enable the driver to
maintain steering wheel grip and to
control other vehicle equipment during
routine and emergency driving
operations. If a foot or leg deformity
exists, determine whether sufficient
mobility and strength exist to enable the
driver to operate pedals properly. In the
case of any loss or impairment to an
extremity which may interfere with the
driver’s ability to operate a commercial
motor vehicle safely, the medical
examiner should state on the medical
certificate ‘‘medically unqualified
unless accompanied by a Skill
Performance Evaluation Certificate.’’
The driver must then apply to the Field
Service Center of the FMCSA, for the
State in which the driver has legal
residence, for a Skill Performance
Evaluation Certificate under § 391.49.
Laboratory and other testing. Other
test(s) may be indicated based upon the
medical history or findings of the
physical examination.
Diabetes. If insulin is necessary to
control a diabetic driver’s condition, the
driver is not qualified to operate a
commercial motor vehicle in interstate
commerce. If mild diabetes is present
and it is controlled by use of an oral
hypoglycemic drug and/or diet and
exercise, it should not be considered
disqualifying. However, the driver must
remain under adequate medical
supervision.
Upon completion of the examination,
the medical examiner must date and
sign the form, provide his/her full name,
office address and telephone number.
The completed medical examination
form shall be retained on file at the
office of the medical examiner.
BILLING CODE 4910–EX–C
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17:04 Jun 19, 2015
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(2) On and after December 22, 2015,
the medical examination shall be
35587
35588
Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Rules and Regulations
I'IHACYAC1'SD.~Jttll--lil~--toiiNI'WwloyMofl!J74.1!JICI.U2«.
MEDICAL RECORD I
AI.I1HCIIIl1Yi11d&49,UIIIIHStmoQxi&(IISC),ft!!$C31l:Uia!!ll..,.m149(c!lQID
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CIIIN Driwr Signature:
SECTION 1. Drinrlnhrmllllon (to/:>efil/edoutbythedrM!I}
LutName: - - - - - - - - - - - - Flm Name: _ _ _ _ _ _ _ _ Mlddlelnltlilt
DlteofBirth: _ _ __ Age_
Mdms:: - - - - - - - - - - - - - - - - City: _ _ _ _ _ _ _ _ Stllte./Pnwlncc _ _ ZlpCodc _ _ _ _ 1
Drivw'slianseNumbw: - - - - - - - - - - - - - -
lssuingStatall'ravince: _ _ Phona: _ _ _ _ _ _ Gender: OM OF
E-mail(cptlooaf): - - - - - - - - - - - CLP/CDL Appliclnt/Holdar"? 0 Ye 0 No Drtv.riDv.rlfied By"": - - - - - - - I
Has your USDOT/FMCSA medical c.rtiftcate- ban deni«< or issued for 1- than 2 yean;? 0 Yes 0 No 0 Not Sure
tJRIVcR Hio,ill H HI> lORY
Have you eYer had surgery?lf"ye," please list and explain below.
OY• ONo ONotsw.
Alll you cummtlytaking medications (pre;aiption, over-the-lD!lnter, hetbai~Mledit!s, dietsupplemet~ts}?
If "ye,• please deKribe below.
OYw ONo 0Not5ure
(Atwch odditionolsheets ifneceswly}
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Pagel
Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Rules and Regulations
I
DI~IVLI~
Middle lnitia~
FimNameo
Last Name:
35589
EumO.te:
008:
IILALIIIIIIS TOllY
Hoc
Hoc
Y• No Sure
Do you h-ar haveyour-hlldl
1. Head/brain injuries or illneues (e.g. CCtr~Cussion}
Y• No Sure
000
000
2. S.lzuru. ·~
3. Eye problemslexceptglass.esorwntacts)
4. ear and/or hearing f)I'Oblems
S. Haalt dlsDH. hurt attack. bypass, or oth•r hurt
problems
6. Paamakar, stants.lmplantabllt deviclls, or dhAir heart
pnx:eclures
7.Highbloodpressure
8. High cholesterol
9. Chronic Oong-term)cou;h, shortness of breath. or other
breathing f)I'Oblems
10. Lung diSHH (&g., asthma)
11. Kidn.y problems, lciclnay stonas, or palnfproblams with
urlnllllon
12. Stomach, IIW!f, or dl~ problems
1S. Oiabmls or blood sugar problems
11'15111lnused
14. Anxiety, depression, nervousnes$. other mental health
probll!ms
1s. Fainting or paning out
16. Olzzlnes~~. headaches, numbne511. tlnellnlfo or memory
loss
000
000
18. Strolae, minktrolce (nA), paralysis, or
1!1. Mining or llmit41d I.Hof IIIII\ hand, flnge~ leg, foot. toe
0 0 0 n. Unaplalnadweight 1ou
0 0 0
0 0 0
0 0 0
0 0 0
000
000
000
000
000
000
0 0 0
-lcn-
20. Nckor back probiMns
21. Bon~~~c muscle, joint, or n4lnlll probl~~ms
22. Blood clots orbleedlniJ problems
2S.Cancer
0 0 0
000
000
000
000
000
0 0 0
24. Ch1t111lc Oong-term) lnl'ectlon or other chronic di5Rses
25. Sleep dlsorder5o pauses In breathing while asleep.
day~:lme sklllpln-.loud snorln9
26. Hnwyou- had a slaptn: {ey.slaepapned)l
27. Hawtyou- spent a night In the hospital?
28. H-you- had a broklln bone?
29. Ha•you- used or do you now USI!tobacco?
30. Do you currenlly drink alcohol?
31. Hawtyou used an lllegalsubstam:ewlthinthe past two
yurs?
32. HH!'you ever failed a drug test or been dependent on
an 111-eal substance?
000
000
000
000
000
000
000
000
000
000
0V.. 0No 0Not5ure
Othar health condltlonls) not dHCribed allow:
Old you amwer 'y..t' to any of questions 1-32? If so, pt.a comm.nt furtt.ron thaw h•llh conditions l*ow.
UVlV DRIVeR SIGNAl UKc
Icertify that the above Information is accurllle and compl«e.l understand that Inaccurate, false or missin; im..m..tlon may invalidlllethe .,..mination
and my Medical Eumlner's Certtlcate. that submission offllludulent or Intentionally false information Is a violation d 49CFR39Q.35. andtbat submission
offllludulent or !nttntlonallyfalslllnfonnatlon may subject metocllill orcrlmlnalptnaltii!Sundar49 CFB m.~7and ~AppendlciiS Aand l
flRIVfR I If AI TIIIIISTORY RfVIf\'1
Rl!lliewand disc.uss petirumtdriver answers Md anyavtJiklbkmedica/ I'I!COfds. Cmtmenton thedriverk rt!SJXNI5l!S to the •rn..flh hislor)l'questions thatmoyalkd the
dliver:S safe QP!!fatioo ofa comlllllfCiaimatorvehide (CM\1}.
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Page2
35590
Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Rules and Regulations
I
Middle lnitia~
First Name<
Last Name:
EumO.te:
008:
I LSI lNG
Pulni rat« _ _ _ Pulu rhythm r.gular: 0 Yes
llaodPnuu ...
Systolic
0 No
H.!ght_fat _ indre5 w.lghl: _pwnds
Sp.Gr.
Udn..,.
Diastolic
Slttlft(l
l'lalein
Blood
Sugar
Urlnal)"iltlt Nqulnld.
Numwlcalracllngs
must be NCD!dec:t.
s.cctlcl reading
(opt leNI)
Other testl!!i If Indicated
I
I
Plotein, /:lloo4 or Ngar in the llline maybe em indmlion for further resting to
mfe cut Myl.llldettying rttediazlproblem.
tt..lng
YWon
Standard is at least 2()J40acuity {Sne/len) in each eye with or wilhcut correction, At Standard:Mustlitst petr:eive whispered voice atnot less than 5 fat OR awrage
least 7U' lleldofvislon ill horirorltol meridian measured ill each eye. Theuuofcor- hearing !Md/ess than orequolto40d8 in better ear(willl or willlcut hearing aid).
ret:tivelenfe&shouldbenoted<mtheMedlmiExamirter'sCertifll:aM.
Acuity
Uncorrected
Correded
Horizontal field afVision Ch«k If h•rlng aiel uJICI fortttt:
RlghtEy*
201_
201_
20/_
20/_
Right Eye: _clegl'efi
Left Eye:
Left Eye: _degl'efi
BothEyts:
~01_
~Of_
Applicant can r.cogniH and distinguish among traffic control
signals and davlces showing Nd, gran, and arnbar colors
Monocular vision
REferred to ophthalmologist or optometrist?
lie«!Ned documentation froM ophthalMOlogist or optometrist?
ww.,...,.,.......
0 Right Ear Ol.tft Ear 0 Neither
Right Ear Left Ear
Recon:l dlsl:ance(m fat} from drlwrat which a~
whispered voiceean first be hHrd
\'W No OR
00
------
Audlamlllllcl'MI Ruults
Righi Ear
00 SOOH:t
lOOOHz
00
0 0 Avaraga{rig;;---
2000Hz
l.tft Ear
500Hz
1000Hz
2000Hz
Avaraga(laft):
PII)SKAL LXAri.INAIION
Tha pruance oh cartain condition may not nacessarily disqualify a driver; particularly If thacondition Is controllad aclaqultely, is not likaly toworsan, or
is r.adlly alniNbte totJUtment. Ewn if a condition doe: not disqualify a drift~ the Medical EumiMr May consldlr deferring thedrl-ttmporarlly.
Also, the driver should be advised to take the necessary steps to correct the condition as soon as possible, particularly If neglecting the condition could
muk in a More HllousiiiMB that Might affKt driving.
Check the body systeMs for abnonnalltles.
.....,,_,.
Normal Abnormal
l.General
0
0
0
0
0
0
0
.2. Skin
3. Eyes
4. Ears
0
0
0
0
0
0
0
....,s,.-
Normal Abnorm•l
8.AbdOMen
9. Genito-urinary syan lndudlng harnlas
10. Back/Spine
n. Extremillesl)oints
12. Nw10loglcal systam including naf1-
5. Mouth/throat
6. C.rdioYascular
13.Gait
7. Lllngslchast
14.Vascular~
Disalss ooyaboormaiOIJ/i"""" in detail in thespaci!below and indimll!wtrelher it would alk;t thedritrer'sobility k>Ofl"l''ll!oCMV:
Enter applicable item number be!On? each comment
0
0
0
0
0
0
0
0
0
0
0
0
0
0
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Page3
35591
Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Rules and Regulations
I
fV,EDil Al
Middle lnitia~
FimNameo
Last Name:
EXAft1lr~FR
DETERMINATION r [,doL
EumO.te:
008:
r<~l
UN thll !«ttM lbrtmmll'latloll$ ptrfomttd iiiii«<rdallct with tht FtdtMI Motoi'Can'/fi'Stlftly Rlgu/lltloM l49CFR391.4l..J91.49k
0 Does net meet standards (specify uoson}:
0 M..u standan:ls In 49Cf83!!1A1: quallll•for 2-yar mtmcat.
0 MEets standan:ls, but periodic monitoring required (spe~;ify 1110sonJ:
Oliver qualified fer. 0 3 months 0 6months 0 1 year Qother:
0 WUrlng coJTKtlve 1811s0 WUring hearing aid
0 Accompanilld by a waivw/11X11mplion (spedfjf !ypo?}:
0 Accompanied by aSlclll Performance Evaluation (SPE) eertlllme 0 Qualified by operation of 49 CFR 391.64
0 Drlvln£1wlthln an .umpt Intracity ZOM (see49Cfll39! 6ZI
0 o.t.rmination pandlng (sptt;if! reason):
0 R«urn to medical e~~am office for foil-up on (fii!J$t be 45 daysor/e$$}:
0
Medical Euminatlon Report amended (spedfy reason):
(ifamended) Medical Examiner Signature:
Date:
0 lncomplauaminatlon (spex;ifjllm500):
llflht•lhv•lllslht_......._.ln!!IIIIWdlrthln........ aiWailb.lnlr'sCirtlllale•slltllllnBIIIIW,a~&•..............
l
I haw ~rfcrnwd thinvalullion fer c.rtlflcatlon. I hav. ~ally revl.-:1 1111 awiiablei'KOn:lsand recon:led lnformlllon ~rtalning to thlnvaluatlon,
and 11test that to the best of my knowledge, I believe It to be true and correct.
Medical Eumlner Sl9nature:
Medical Examiner Name<
Stat - - Zip Code:
City:
AddTUS:
Phone:
Date
l!iSUing Stat« _ _
Examlnef's State LietnM. Certlfklte. or Registration Number:
0MD 000 0 Phys!dan Assistant 0 Chilopractor 0 Advanced Pradice Nuru 0 Other Praditionlll'
I
National llegiltJY Numb.:
f~1 .FDIC
iH FXr'U,•11NFR
I
Medical Eumln•r's c.rtllicate Eicpirlll:ion Date
DFTFRr~llNATION
rst,!t+>
US<t this S«ttonforf!!I«Nnlnations pfflorrrr«/ln accordana with tht F«ktul Moloi'ConterStlfl'ly Rogulatlons l§CFR391.4l-391.49Jwithanyapp/lmbifl St<Jk
variatlces lWhidl will 011lybevalld for /ntfQSftlte opemtbns):
0 Does not meet standan:ls In 49 CFR 391.41 with any applicable State wriances (speciljl Ja1SOO):
0 Meets standan:ls In 49CfB 391.41 with any applicable State wrlances
0 Meets standan:ls, but P«lodlc monitoring requlnad (specify reason}:
0
Driwrqualifiedfcr.
3 months 0 6months
!year Qother:
0 Accompanied by a wa~/uemption (spedfjf !ypo?}:
0 Wearing corrective lenses
0 Wearing hearing aid
0 Accompanied by a Skill Performance Ewluation ISPEl c:ertlflc:ate 0 Grandfathered from StaterequiR!ments
0
llflht411nrmt1blhtlliiiMIInlsHIII_.tnea:R.Jt1Al,wltii.....,..SiateWIIfancll.thln-plaaMidlall&.lniBCirtlllraa.•appnpdall.l
I havv pttrfcrmed thli ev11lu<~~lon for certification. I h11w pmonally reviewed all avallablerecon:lund recorded Information pertaining tothluvaluation,
and llltt!t that to the best of my knowledge, Ibelieve it to be true and coned.
Medical Examiner Signature:
Medical EnminerNam«
Stat« _ _ ZipCodr.
City:
Mdi'8SS::
EllilmiMt'sSftte LkinR. ~or Registration Numbir.
OMD Ooo 0 Physician Assistant 0 Chiropractor 0 Advanced Practice Nu~W
I
0
Phonr.
Date:
IRUingStOther Practitioner
--
Medical Euminer's CertifiCate Eicpirlll:ion Date:
Natlonalllegiltl)' Number:
I
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Page4
35592
Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Rules and Regulations
Instructions for Completing the Medical Examination Report Form (MCSA-5875)
L Step-By-Step Instruetlons
Driver.
Privacy Aet Statement - Please read, sign and date the Statement aclatowledginu; that you understand the
provisions of the Privacy Act of 1974 as written.
Sedlon 1: Driver lnfonnatlon
•
Pel'80J181 Infonnatlon: Please complete this section usinu; your name as written on your driver's license,
your current address and phone number, your date ofbirfh, age, gender, driver's license number and issu-
ing state.
o
CDUCLP Applicant/Holder: Check "yes" ifyou are a commercial driver's license or commercial
learner's pennit holde~:, oc are applying foc a CDL oc CLP. Commercial driver's license (CDL) means
a license issued by a State or the District of Columbia which authorizes the individual to operate a
class of a commercial motor vehicle (CMV). A CMV that requires a CDL is one that: (1) has a gross
combination weight rating oc gross combination weight of26.00 1 pounds or moce inclusive of a
towed unit with a gross vehicle weight rating (GVWR) oc gross vehicle weight (GVW) of more than
10,000 pounds; oc (2) has a GVWR oc GVW of 26,001 pounds or more; oc (3) is designed to transport 16 or more passengers. including the driver; or (4) is used to transport either hazardous materials requiring hazardous materials placards on the vehicle oc any quantity of a select agent oc toxin.
o Driver ID Verllled By: The Medical Examiner/staff completes this item and notes the type of photo ID
used to verifY the driver's identity suclt as, commercial driver's license, driver's license, or passport, etc.
o Question: Bas your USDOTIFMCSA medieal eeJdftcate ever lteen denied or issued tor less than
two years? Please clteck the correct box "yes" or "no" and if you aren't sure check the 'bot sure" box.
•
Driver Health History:
o
Have you ever had surgery: Plll'ase clteck "yes" if you have ever had Surgll!ly and providll' a written
explanation ofthll' details (type of surgery, date of surgery. etc.)
o
Are you eu.rrently taldn~: medications (prescription, over-tJte..eounte herbal remedies, diet
supplements): Plll'ase check ..yes" if you are taking any diet supplll'ments. herbal remedies, oc prescription or over the counter medications. In the box below the question, indicate the name oftbe
medication and tbe dosage.
o #1-31: Please complete this section by checking the "yes" box to indicate that you have, or have
ever had. tbe health condition listed or tbe "No" box if you have not. Check tbe 'bot sure" box if
you are unsure.
o other Health Conditions not described above: If you have, or have had, any other health conditions not listed in the section above, check "Yes'' and in the box provided and list those condition(s).
o Any yes 8118Wers to questions #1-31 above: If you have answered ''yes" to any ofthe questions in
the Driver Health History section above, please explain your answers further in the box below the
question. For example. if you answered "yes" to question #S regarding heart disease, heart attack,
bypass, or other heart problem,. indicate whiclt type of heart condition. If you checked "yes" toques·
tion #23 regarding cancer, indicate tbe type of cancer. Please add any information that will be helpful
to the Medical Examiner.
•
CMV Driver Stpature and Date: Please read the certification statement. sign and date it, indicating
that the infonnation you provided in Section 1 is !Wcurate and complete.
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PageS
Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Rules and Regulations
35593
Medleal Examiner:
Seetlolll: Examiaafion Report
•
Driver Health History Review: Review answers provided by the driver in the driver health history section and discuss any "yes" and "not sure" responses. In addition, be sure to compare the medication list
to the health history responses ensuring that the medication list matches the medical conditions noted.
Explore with the driver any answers that seem unclear. Record any information that the driver omitted.
As the Medical Examiner conducting the driver's physical examination you are required to complete the
entire medical examination even if you detect a medical condition that you consider disqualifYing. such
as deafuess. Medical Examiners are expected to detennine the driver's physical qualification for operat•
ing a commercial vehicle safely. Thus. if you find a disqualifying condition for which a driver may
receive a Federal Motor Carrier Safety Administration medical exemption, please record that on the
driver's Medical Examiner's Certificate. Fonn MCSA-5876, as well as on the Medical Examination
Report Form. MCSA-5875.
• TestiJll:
o Pulse rate and mythm. height, and weipt: record these as indicated on the form.
o Blood PJ.'e8811ft: record the blood pressure (systolic and diastolic) ofthe driver being examined. A
second reading is optional and should be recorded if found to be necessary.
o Urinalysis: record the numerical readings for the specific gravity. protein. blood and sugar.
o VIsion: The current vision standard is provided on the fonn. When other than the Snellen chart is
used, give test results in Snellen-comparable values. When recording distance vision, use 20 feet as
nonnal. Record the vision acuity results and indicate ifthe driver can recognize and distinguish
among traffic control signals and devices showing red. green. and amber colors; has monocular
vision; has been referred to an ophthalmologist or optometrist; and if documentation has been
received from an ophthalmologist or optometrist.
o Hearing: The current hearing standard is provided on the form. Hearing can be tested using either a
wbigper test or audiometric test. Record the test results in the corresponding section for the test used.
•
Physical Examination: Check the body systems for abnonnalities and indicate normal or abnormal for
each body system listed. Discuss any abnormal answers in detail in the space provided and indicate
whether it would affect the driver's ability to safely operate a commercial motor vehicle.
In this next secti.on, youMVI be~ eilhR the Federal or State tlstenninlllion, t111t both.
•
Medlcal Examiner Determination (Fede~: Use this section for examinations performed in
accordance with the FMCSRs (49 CfR 391.41-391.49). Complete the medical examiner determination
section completely. When determining a driver's physical qualification, please note that English language
proficiency (49 CFR part 391.11. General qualifications of drivers) is not factored into that detennination.
o Does not meet standarcls: Select this option when a driver is determined to be not qualified and provide an explanation of why the driver does not meet the standards in 49 CFR 391.41.
o Meets sfandanls ln. 49 CFR 391.41; quallftes for 2-year eertHkaUon: Select this option when a
driver is detennined to be qualified and will be issued a 2-yesr Medical Examiner's Certificate.
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Page6
35594
Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Rules and Regulations
o Meets standards. but pericJdle mcmitoriag is requJrecl: Select this option when a driver is determined to be qualified but needs periodic monitoring and provide an explanation of why periodic
monitoring is requited. Select the coms:ponding time ftame that the driver is qualified and if selecting other, specifY the time ftame.
•
Detennillatlon that driver meets standards: Select all categories that apply to the driver's
certification (e.g., wearing corrective lenses, accompanied by a waiver/exemption. driving
within an exempt intracity zone, etc.).
o Detennlnatlon pendlnc: Select this option when more information is needed to make a qualification
decision and specifY a date, on or before the 45 day expiration date, for the driver to return to the medi·
cal exam office for follow-up. This will allow for a de~ of the qualification decision for as many as
45 days. Ifthe disposition ofthe pending examination is not updated via the National Registry on or
before the 45 day expiration date, FMCSA will notifY the examining medical examiner and the driver
in writing that the examination is no longer valid and that the driver is required to be re-examined.
•
MER amended: A Medical Examination Report Form (MER). MCSA-5875, may only be amended
while in determination pending status for situations where new information (e.g., test results. etc.)
has been received or there bas been a change in the drivet's medical status since the initial examina,.
tion, but prior to a final qualifreation detennination. Select this option when a Medical Examination
Report Fonn, MCSA-5875, is being amended; provide the reason for the amendment, sign and date.
In addition, initial and date any changes made on the Medical Examination Report Form,
MCSA-5875. A Medical Examination Report Fonn, MCSA-5875, cannot be amended after an
examination bas been in detennination pending status for more than 45 days or after a final qualifi·
cation detennination has been made. The driver is required to obtain a new physical examination and
a .new Medical Examination Report Fonn, MCSA-5875, should be completed.
o Incomplete examination: Select this when the physical examination is not completed for any
reason (e.g., driver decides they do not want to continue with the examination and leaves) other than
situations outlined under determination pending.
o
•
Medlc:al Examiner lnfonnafton. stpture arul date: Provide your name, address, phone number,
occupation, license, certificate, or registration number and issning state, national registry number,
Medical Examiner's Certificate expiration date, signature and date.
Medkal Examiner Determtnatlon (State): Use this section for examinations performed in accordance
with the FMCSRs (49 CFR 391 41-391 42) with any applicable State variances (which will only be valid
for intrastate operations). Complete the medical examiner determination section completely.
o Does not meet standards tn 49 CFR 391.41 w:lt1t any applieahle State variances: Select this
option when a driver is determined to be not qualified and provide an explanation ofwhy the driver
does not meet the standards in 49 CFR 391.41 with any applicable State variances.
o Meets standards Jn 49 CFR 391.41 with any applic:ahle State varlanc:es: Select this option when
a driver is determined to be qualified and will be issued a 2-year Medical Examiner's Certificate.
o Meets standards, but perlOOlc: monttorinlll requJrecl: Select this option when a driver is deter·
mined to be qualified but needs periodic monitoring and provide an explanation of why periodic
monitoring is requited. Select the coms:pooding time ftame that the driver is qualified and if selecting other, specifY the time frame.
•
Determination that driver meets staadanls: Select all categories that apply to the driver's
certification (e.g., wearing corrective lenses, accompanied by a waiver/exemption, etc.).
Page7
o
Mediad Examiner infonnation, signature and date: Provide your name, address, phone nwnber,
occupation. license. oertificate, or registration nwnber and issuing state. national registry nwnber.
TIL To o•tain additional infonnatlon ft!lanlinl this form 10 to the Medical Procnnn's pqe on the Federal
Motor Carder Safety Aclminfstration•s website at htqp:llwww.ftnesa.dot.I.OY/regulatlonslmedical.
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II. Ifopdatln& an e:Dstlnc exam, you nmst remlnnit the new exam resoits. via the Medkal Examination
Results Form, MCSA-5850, to the National Registry, and the most recent dated exam will take
precedence.
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Medical Examiner's Certificate expiration date. signature and date.
Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Rules and Regulations
VerDate Sep<11>2014
17:04 Jun 19, 2015
Jkt 235001
determination, he or she must inform
the person examined that the additional
information must be provided or the
further examination completed within
45 days, and that the pending status of
the examination will be reported to
FMCSA.
(5) * * *
(ii) Beginning on June 22, 2015, if the
medical examiner does not perform a
medical examination of any driver who
is required to be examined by a medical
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examiner listed on the National Registry
of Certified Medical Examiners during
any calendar month, the medical
examiner must report that fact to
FMCSA, via a secure FMCSAdesignated Web site, by the close of
business on the last day of such month.
(h)(1) Until December 22, 2015, the
medical examiner’s certificate shall be
substantially in accordance with the
following form.
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(g) * * *
(4) Beginning December 22, 2015, if
the medical examiner finds that the
determination of whether the person
examined is physically qualified to
operate a commercial motor vehicle in
accordance with § 391.41(b) should be
delayed pending the receipt of
additional information or the conduct of
further examination in order for the
medical examiner to make such
35595
35596
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(2) On and after December 22, 2015,
the medical examiner’s certificate shall
be completed in accordance with the
following Form MCSA–5876, Medical
Examiner’s Certificate.
*
Issued under the authority delegated in 49
CFR 1.87 on: June 12, 2015.
Larry W. Minor,
Associate Administrator for Policy.
*
*
*
*
[FR Doc. 2015–15161 Filed 6–19–15; 8:45 am]
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BILLING CODE 4910–EX–P
]]>Agencies
[Federal Register Volume 80, Number 119 (Monday, June 22, 2015)]
[Rules and Regulations]
[Pages 35577-35596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15161]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Parts 383, 384 and 391
[Docket No. FMCSA-2012-0178]
RIN 2126-AB40
Medical Examiner's Certification Integration; Correction
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: FMCSA makes corrections to a rule that appeared in the Federal
Register on April 23, 2015 (80 FR 22790). In that rule, FMCSA amended
the Federal Motor Carrier Safety Regulations (FMCSRs) to require
certified medical examiners (MEs) performing physical examinations of
commercial motor vehicle (CMV) drivers to use a newly developed Medical
Examination Report (MER) Form, MCSA-5875, in place of the current MER
Form and to use Form MCSA-5876 for the Medical Examiner's Certificate
(MEC); and report results of all CMV drivers' physical examinations
performed (including the results of examinations where the driver was
found not to be qualified) to FMCSA by midnight (local time) of the
next calendar day following the examination. That final rule was a
follow-on rule to the Medical Certification Requirements as Part of the
CDL rule final rule, published on December 1, 2008, and the National
Registry of Certified Medical Examiners final rule, published on April
20, 2012.
DATES: Effective June 22, 2015.
FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director,
Carrier, Driver, & Vehicle Safety Standards, Federal Motor Carrier
Safety Administration, 1200 New Jersey Avenue SE., Washington, DC
20590-0001, by telephone at (202) 366-4001 or via email at
fmcsamedical@dot.gov.
SUPPLEMENTARY INFORMATION: In FR Doc. 2015-09053, published on
Thursday, April 23, 2015 80 FR (22790) the following corrections are
made.
Corrections to the Preamble
1. On page 22798, in the third column, in FMCSA's response to
comment number 8. Voiding the MEC, the first sentence under the heading
``FMCSA Response'' is corrected to read as follows:
As explained in both the National Registry final rule (77 FR at
24108) and in the NPRM in this rulemaking (78 FR at 27348), under
the authority granted by 49 U.S.C. 31149(c)(2), FMCSA may void an
MEC issued to a CMV driver if it finds either that a Medical
Examiner has issued a certificate to a driver ``who fails to meet
the applicable standards at the time of the examination'' or ``that
a Medical Examiner has falsely claimed to have completed training in
physical and medical examination standards.''
2. Beginning on page 22810, in the third column, and continuing on
page 22811, in the first column, in Sec. 383.73, paragraphs
(a)(2)(vii), (b)(5), (o)(1)(i)(A), and (o)(1)(ii)(A) are corrected to
read as follows:
Sec. 383.73 State procedures
(a) * * *
(2) * * *
(vii)(A) Before June 22, 2018, for drivers who certified their type
of driving according to Sec. 383.71(b)(1)(i) (non-excepted interstate)
and, if the CLP applicant submits a current medical examiner's
certificate, date-stamp the medical examiner's certificate, and post
all required information from the medical examiner's certificate to the
CDLIS driver record in accordance with paragraph (o) of this section.
(B) On or after June 22, 2018, for drivers who certified their type
of driving according to Sec. 383.71(b)(1)(i) (non-excepted interstate)
and, if FMCSA provides current medical examiner's
[[Page 35578]]
certificate information electronically, post all required information
matching the medical examiner's certificate to the CDLIS driver record
in accordance with paragraph (o) of this section.
(b) * * *
(5)(i) Before June 22, 2018, for drivers who certified their type
of driving according to Sec. 383.71(b)(1)(i) (non-excepted interstate)
and, if the CDL holder submits a current medical examiner's
certificate, date-stamp the medical examiner's certificate and post all
required information from the medical examiner's certificate to the
CDLIS driver record in accordance with paragraph (o) of this section.
(ii) On or after June 22, 2018, for drivers who certified their
type of driving according to Sec. 383.71(b)(1)(i) (non-excepted
interstate) and, if FMCSA provides current medical examiner's
certificate information electronically, post all required information
matching the medical examiner's certificate to the CDLIS driver record
in accordance with paragraph (o) of this section.
* * * * *
(o) * * *
(1) * * *
(i) * * *
(A) Post the driver's self-certification of type of driving under
Sec. 383.71(b)(1) to the CDLIS driver record;
* * * * *
(ii) * * *
(A) Post the driver's self-certification of type of driving under
Sec. 383.71(b)(1) to the CDLIS driver record;
* * * * *
Part 391 Authority [Corrected]
3. On page 22812, in the first column, the authority citation for
part 391 is corrected to read as follows:
Authority: 49 U.S.C. 504, 508, 31133, 31136, 31149 and 31502;
sec. 4007(b), Pub. L. 102-240, 105 Stat, 1914, 2152; sec. 114, Pub.
L. 103-311, 108 Stat. 1673, 1677; sec. 215, Pub. L. 106-159, 113
Stat. 1748, 1767; and 49 CFR 1.87.
4. On page 22812, beginning at the top of the second column and
continuing at the top of the third column, in Sec. 391.23, paragraphs
(m)(2)(i) and (m)(3) are corrected 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:
(A) The type of operation the driver self-certified that he or she
will perform in accordance with Sec. 383.71(b)(1) of this chapter.
(B)(1) Beginning on May 21, 2014, and ending on June 22, 2018, 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.
(2) If the driver has certified under paragraph (m)(2)(i)(A) of
this section that he or she expects to operate in interstate commerce,
that the driver has a valid medical examiner's certificate and any
required medical variances.
(C) Exception. Beginning on January 30, 2015 and until June 22,
2018, 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(b)(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.
* * * * *
(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(b)(1) and (g) of this
chapter.
(B)(1) Until June 22, 2018, 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.
(2) If the driver has a commercial learner's permit and has
certified under paragraph (m)(3)(i)(A) of this section that he or she
expects to operate in interstate commerce, that the driver has a valid
medical examiner's certificate and any required medical variances.
(C) Until June 22, 2018, 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.
5. Beginning on page 22812, in the third column, and continuing to
page 22821, in the third column, in Sec. 391.43, paragraphs (f),
(g)(5)(ii), and (h) are corrected to read as follows:
Sec. 391.43 Medical examination; certificate of physical examination.
* * * * *
(f)(1) Until December 22, 2015, the medical examination shall be
performed, and its results shall be recorded, substantially in
accordance with the following instructions and examination form.
Instructions for Performing and Recording Physical Examinations
The medical examiner must be familiar with 49 CFR 391.41, Physical
qualifications for drivers, and should review these instructions before
performing the physical examination. Answer each question ``yes'' or
``no'' and record numerical readings where indicated on the physical
examination form.
The medical examiner must be aware of the rigorous physical,
mental, and emotional demands placed on the driver of a commercial
motor vehicle. In the interest of public safety, the medical examiner
is required to certify that the driver does not have any physical,
mental, or organic condition that might affect the driver's ability to
operate a commercial motor vehicle safely.
General information. The purpose of this history and physical
examination is to detect the presence of physical, mental, or organic
conditions of such a character and extent as to affect the driver's
ability to operate a commercial motor vehicle safely. The examination
should be conducted carefully and should at least include all of the
information requested in the following form. History of certain
conditions may be cause for rejection. Indicate the need for further
testing and/or require evaluation by a specialist. Conditions may be
recorded which do not, because of their character or degree, indicate
that certification of physical fitness should be denied. However, these
conditions should be discussed with the driver and he/she should be
advised to take the
[[Page 35579]]
necessary steps to insure correction, particularly of those conditions
which, if neglected, might affect the driver's ability to drive safely.
General appearance and development. Note marked overweight. Note
any postural defect, perceptible limp, tremor, or other conditions that
might be caused by alcoholism, thyroid intoxication or other illnesses.
Head-eyes. When other than the Snellen chart is used, the results
of such test must be expressed in values comparable to the standard
Snellen test. If the driver wears corrective lenses for driving, these
should be worn while driver's visual acuity is being tested. If contact
lenses are worn, there should be sufficient evidence of good tolerance
of and adaptation to their use. Indicate the driver's need to wear
corrective lenses to meet the vision standard on the Medical Examiner's
Certificate by checking the box, ``Qualified only when wearing
corrective lenses.'' In recording distance vision use 20 feet as
normal. Report all vision as a fraction with 20 as the numerator and
the smallest type read at 20 feet as the denominator. Monocular drivers
are not qualified to operate commercial motor vehicles in interstate
commerce.
Ears. Note evidence of any ear disease, symptoms of aural vertigo,
or Meniere's Syndrome. When recording hearing, record distance from
patient at which a forced whispered voice can first be heard. For the
whispered voice test, the individual should be stationed at least 5
feet from the examiner with the ear being tested turned toward the
examiner. The other ear is covered. Using the breath which remains
after a normal expiration, the examiner whispers words or random
numbers such as 66, 18, 23, etc. The examiner should not use only
sibilants (s-sounding test materials). The opposite ear should be
tested in the same manner. If the individual fails the whispered voice
test, the audiometric test should be administered. For the audiometric
test, record decibel loss at 500 Hz, 1,000 Hz, and 2,000 Hz. Average
the decibel loss at 500 Hz, 1,000 Hz and 2,000 Hz and record as
described on the form. If the individual fails the audiometric test and
the whispered voice test has not been administered, the whispered voice
test should be performed to determine if the standard applicable to
that test can be met.
Throat. Note any irremediable deformities likely to interfere with
breathing or swallowing.
Heart. Note murmurs and arrhythmias, and any history of an enlarged
heart, congestive heart failure, or cardiovascular disease that is
accompanied by syncope, dyspnea, or collapse. Indicate onset date,
diagnosis, medication, and any current limitation. An electrocardiogram
is required when findings so indicate.
Blood pressure (BP). If a driver has hypertension and/or is being
medicated for hypertension, he or she should be recertified more
frequently. An individual diagnosed with Stage 1 hypertension (BP is
140/90-159/99) may be certified for one year. At recertification, an
individual with a BP equal to or less than 140/90 may be certified for
one year; however, if his or her BP is greater than 140/90 but less
than 160/100, a one-time certificate for 3 months can be issued. An
individual diagnosed with Stage 2 (BP is 160/100-179/109) should be
treated and a one-time certificate for 3-month certification can be
issued. Once the driver has reduced his or her BP to equal to or less
than 140/90, he or she may be recertified annually thereafter. An
individual diagnosed with Stage 3 hypertension (BP equal to or greater
than 180/110) should not be certified until his or her BP is reduced to
140/90 or less, and may be recertified every 6 months.
Lungs. Note abnormal chest wall expansion, respiratory rate, breath
sounds including wheezes or alveolar rales, impaired respiratory
function, dyspnea, or cyanosis. Abnormal finds on physical exam may
require further testing such as pulmonary tests and/or x-ray of chest.
Abdomen and Viscera. Note enlarged liver, enlarged spleen, abnormal
masses, bruits, hernia, and significant abdominal wall muscle weakness
and tenderness. If the diagnosis suggests that the condition might
interfere with the control and safe operation of a commercial motor
vehicle, further testing and evaluation is required.
Genital-urinary and rectal examination. A urinalysis is required.
Protein, blood or sugar in the urine may be an indication for further
testing to rule out any underlying medical problems. Note hernias. A
condition causing discomfort should be evaluated to determine the
extent to which the condition might interfere with the control and safe
operation of a commercial motor vehicle.
Neurological. Note impaired equilibrium, coordination, or speech
pattern; paresthesia; asymmetric deep tendon reflexes; sensory or
positional abnormalities; abnormal patellar and Babinski's reflexes;
ataxia. Abnormal neurological responses may be an indication for
further testing to rule out an underlying medical condition. Any
neurological condition should be evaluated for the nature and severity
of the condition, the degree of limitation present, the likelihood of
progressive limitation, and the potential for sudden incapacitation. In
instances where the medical examiner has determined that more frequent
monitoring of a condition is appropriate, a certificate for a shorter
period should be issued.
Spine, musculoskeletal. Previous surgery, deformities, limitation
of motion, and tenderness should be noted. Findings may indicate
additional testing and evaluation should be conducted.
Extremities. Carefully examine upper and lower extremities and note
any loss or impairment of leg, foot, toe, arm, hand, or finger. Note
any deformities, atrophy, paralysis, partial paralysis, clubbing,
edema, or hypotonia. If a hand or finger deformity exists, determine
whether prehension and power grasp are sufficient to enable the driver
to maintain steering wheel grip and to control other vehicle equipment
during routine and emergency driving operations. If a foot or leg
deformity exists, determine whether sufficient mobility and strength
exist to enable the driver to operate pedals properly. In the case of
any loss or impairment to an extremity which may interfere with the
driver's ability to operate a commercial motor vehicle safely, the
medical examiner should state on the medical certificate ``medically
unqualified unless accompanied by a Skill Performance Evaluation
Certificate.'' The driver must then apply to the Field Service Center
of the FMCSA, for the State in which the driver has legal residence,
for a Skill Performance Evaluation Certificate under Sec. 391.49.
Laboratory and other testing. Other test(s) may be indicated based
upon the medical history or findings of the physical examination.
Diabetes. If insulin is necessary to control a diabetic driver's
condition, the driver is not qualified to operate a commercial motor
vehicle in interstate commerce. If mild diabetes is present and it is
controlled by use of an oral hypoglycemic drug and/or diet and
exercise, it should not be considered disqualifying. However, the
driver must remain under adequate medical supervision.
Upon completion of the examination, the medical examiner must date
and sign the form, provide his/her full name, office address and
telephone number. The completed medical examination form shall be
retained on file at the office of the medical examiner.
BILLING CODE 4910-EX-C
[[Page 35580]]
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[[Page 35581]]
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[GRAPHIC] [TIFF OMITTED] TR22JN15.002
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[[Page 35586]]
[GRAPHIC] [TIFF OMITTED] TR22JN15.006
[[Page 35587]]
[GRAPHIC] [TIFF OMITTED] TR22JN15.007
(2) On and after December 22, 2015, the medical examination shall
be performed, and its results shall be recorded on the Medical
Examination Report Form, MCSA-5875, set out below:
[[Page 35588]]
[GRAPHIC] [TIFF OMITTED] TR22JN15.008
[[Page 35589]]
[GRAPHIC] [TIFF OMITTED] TR22JN15.009
[[Page 35590]]
[GRAPHIC] [TIFF OMITTED] TR22JN15.010
[[Page 35591]]
[GRAPHIC] [TIFF OMITTED] TR22JN15.011
[[Page 35592]]
[GRAPHIC] [TIFF OMITTED] TR22JN15.012
[[Page 35593]]
[GRAPHIC] [TIFF OMITTED] TR22JN15.013
[[Page 35594]]
[GRAPHIC] [TIFF OMITTED] TR22JN15.014
[GRAPHIC] [TIFF OMITTED] TR22JN15.015
[[Page 35595]]
(g) * * *
(4) Beginning December 22, 2015, if the medical examiner finds that
the determination of whether the person examined is physically
qualified to operate a commercial motor vehicle in accordance with
Sec. 391.41(b) should be delayed pending the receipt of additional
information or the conduct of further examination in order for the
medical examiner to make such determination, he or she must inform the
person examined that the additional information must be provided or the
further examination completed within 45 days, and that the pending
status of the examination will be reported to FMCSA.
(5) * * *
(ii) Beginning on June 22, 2015, if the medical examiner does not
perform a medical examination of any driver who is required to be
examined by a medical examiner listed on the National Registry of
Certified Medical Examiners during any calendar month, the medical
examiner must report that fact to FMCSA, via a secure FMCSA-designated
Web site, by the close of business on the last day of such month.
(h)(1) Until December 22, 2015, the medical examiner's certificate
shall be substantially in accordance with the following form.
[GRAPHIC] [TIFF OMITTED] TR22JN15.016
[[Page 35596]]
(2) On and after December 22, 2015, the medical examiner's
certificate shall be completed in accordance with the following Form
MCSA-5876, Medical Examiner's Certificate.
[GRAPHIC] [TIFF OMITTED] TR22JN15.017
* * * * *
Issued under the authority delegated in 49 CFR 1.87 on: June 12,
2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-15161 Filed 6-19-15; 8:45 am]
BILLING CODE 4910-EX-P
