Extension of Compliance Dates for Medical Examiner's Certification Integration, 28774-28783 [2018-13314]
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[FR Doc. 2018–13349 Filed 6–20–18; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Parts 383, 384, and 391
[Docket No. FMCSA–2018–0152]
RIN 2126–AC18
Extension of Compliance Dates for
Medical Examiner’s Certification
Integration
140, 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
• Fax: 202–493–2251.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
instructions on submitting comments,
including collection of information
comments for the Office of Information
and Regulatory Affairs, OMB.
FOR FURTHER INFORMATION CONTACT: Ms.
Christine A. Hydock, Chief, Medical
Programs Division, Federal Motor
Carrier Safety Administration, 1200
New Jersey Avenue SE, Washington, DC
20590–0001, by telephone at 202–366–
4001, or by email at fmcsamedical@
dot.gov. If you have questions on
viewing or submitting material to the
docket, contact Docket Services,
telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
AGENCY:
I. Rulemaking Documents
FMCSA amends its
regulations to delay the compliance date
from June 22, 2018, to June 22, 2021, for
several provisions of its April 23, 2015
Medical Examiner’s Certification
Integration final rule. This action is
being taken to provide FMCSA
additional time to complete certain
information technology (IT) system
development tasks for its National
Registry of Certified Medical Examiners
(National Registry) and provide the
State Driver’s Licensing Agencies
(SDLAs) sufficient time to make the
necessary IT programming changes after
upgrades to the National Registry.
DATES:
Effective Date: This interim final rule
is effective June 21, 2018.
Public Comment Period: Comments
must be received on or before August
20, 2018.
ADDRESSES: You may submit comments
identified by Docket Number FMCSA–
2018–0152 using any of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Mail: Docket Management Facility,
U.S. Department of Transportation, 1200
New Jersey Avenue SE, West Building,
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery or Courier: West
Building, Ground Floor, Room W12–
A. Submitting Comments
If you submit a comment, please
include the docket number for this
interim final rule (Docket No. FMCSA–
2018–0152), indicate the specific
section of this document to which each
comment applies, and provide a reason
for each suggestion or recommendation.
You may submit your comments and
material online or by fax, mail, or hand
delivery, but please use only one of
these means. FMCSA recommends that
you include your name and a mailing
address, an email address, or a phone
number in the body of your document
so that FMCSA can contact you if there
are questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, put the
docket number, FMCSA–2018–0152, in
the keyword box, and click ‘‘Search.’’
When the new screen appears, click on
the ‘‘Comment Now!’’ button and type
your comment into the text box on the
following screen. Choose whether you
are submitting your comment as an
individual or on behalf of a third party
and then submit.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the facility,
please enclose a stamped, self-addressed
postcard or envelope.
FMCSA will consider all comments
and material received during the
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Interim final rule; request for
comments.
SUMMARY:
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comment period and may change this
interim final rule based on your
comments. FMCSA may issue a final
rule at any time after the close of the
comment period.
Confidential Business Information
Confidential Business Information
(CBI) is commercial or financial
information that is customarily not
made available to the public by the
submitter. Under the Freedom of
Information Act, CBI is eligible for
protection from public disclosure. If you
have CBI that is relevant or responsive
to this interim final rule it is important
that you clearly designate the submitted
comments as CBI. Accordingly, please
mark each page of your submission as
‘‘confidential’’ or ‘‘CBI.’’ Submissions
designated as CBI and meeting the
definition noted above will not be
placed in the public docket of this
interim final rule. Submissions
containing CBI should be sent to Mr.
Brian Dahlin, Chief, Regulatory
Evaluation Division, 1200 New Jersey
Avenue SE, Washington, DC 20590. Any
commentary that FMCSA receives that
is not specifically designated as CBI will
be placed in the public docket for this
rulemaking.
FMCSA will consider all comments
and material received during the
comment period.
B. Viewing Comments and Documents
To view comments, as well as any
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov. Insert the
docket number, FMCSA–2018–0152, in
the keyword box, and click ‘‘Search.’’
Next, click the ‘‘Open Docket Folder’’
button and choose the document to
review. If you do not have access to the
internet, you may view the docket
online by visiting the Docket
Management Facility in Room W12–140
on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE,
Washington, DC 20590, between 9 a.m.
and 5 p.m., E.T., Monday through
Friday, except Federal holidays.
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C. Privacy Act
In accordance with 5 U.S.C. 553(c),
DOT solicits comments from the public
to better inform its rulemaking process.
DOT posts these comments, without
edit, including any personal information
the commenter provides, to
www.regulations.gov, as described in
the system of records notice (DOT/ALL–
14 FDMS), which can be reviewed at
www.transportation.gov/privacy.
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D. Advance Notice of Proposed
Rulemaking (ANPRM) or Negotiated
Rulemaking Not Required
Under 49 U.S.C. 31136(g), added by
section 5202 of the Fixing America’s
Surface Transportation or FAST Act,
Public Law 114–94, 129 Stat. 1312, 1534
(Dec. 4, 2015), FMCSA is required either
to proceed with negotiated rulemaking
or to publish an ANPRM for any major
rulemaking, unless the Agency finds
good cause that an ANPRM is
impracticable, unnecessary, or contrary
to the public interest. FMCSA has
determined that this interim final rule is
not major; therefore, neither an ANPRM
nor a negotiated rulemaking is required.
II. Executive Summary
A. Purpose and Summary of the Major
Provisions
This interim final rule delays the
compliance date for several provisions
in the Medical Examiner’s Certification
Integration final rule (80 FR 22790, Apr.
23, 2015) from June 22, 2018, to June 22,
2021. Specifically, it postpones, through
June 22, 2021, the provisions for: (1)
FMCSA to electronically, transmit from
the National Registry to the SDLAs,
driver identification information,
examination results, and restriction
information from examinations
performed for holders of commercial
learner’s permits (CLPs) or commercial
driver’s licenses (CDLs) (interstate and
intrastate); (2) FMCSA to electronically
transmit to the SDLAs medical variance
information for all commercial motor
vehicle (CMV) drivers; (3) SDLAs to
post on the Commercial Driver’s License
Information System (CDLIS) driver
record the driver identification,
examination results, and restriction
information received electronically from
FMCSA; and (4) motor carriers to no
longer be required to verify that CLP/
CDL drivers were certified by a certified
medical examiner (ME) listed on the
National Registry.
B. Benefits and Costs
This rule results in neither costs nor
benefits but aligns the compliance dates
with the date when the IT systems will
be ready and, thus, when the costs and
benefits estimated in the 2015 final rule
can be realized.
III. Legal Basis for the Interim Final
Rule
The legal basis of the 2015 final rule,
set out at 80 FR 22791–22792, also
serves as the legal basis for this interim
final rule. Brief summaries of the
relevant legal bases for the actions taken
in this interim final rule are set out
below.
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A. Authority Over Drivers Affected
Drivers Required To Obtain a Medical
Examiners Certificate (MEC)
FMCSA is required by statute to
establish standards for the physical
qualifications of drivers who operate
CMVs in interstate commerce for nonexcepted industries (49 U.S.C.
31136(a)(3) and 31502(b)). Subject to
certain limited exceptions,1 FMCSA has
fulfilled the statutory mandate by
establishing physical qualification
standards for all drivers covered by
these provisions (49 CFR 391.11(b)(4)).
Such drivers must obtain, from an ME,
a certification indicating that the driver
is physically qualified to drive a CMV
(49 CFR 391.41(a), 391.43(g) and (h)).
FMCSA is also required to ensure that
the operation of a CMV does not have
a deleterious effect on the physical
condition of drivers (49 U.S.C.
31136(a)(4)).
Drivers Required To Obtain a CDL
The authority for FMCSA to require
an operator of a CMV to obtain a CDL
is based on 49 U.S.C. 31302 and the
authority to set minimum standards for
the testing and fitness of such operators
rests on 49 U.S.C.31305.
B. Authority To Regulate State CDL
Programs
Under 49 U.S.C. 31311 and 31314,
FMCSA has authority to prescribe
procedures and requirements the States
must follow when issuing CDLs (see,
generally, 49 CFR parts 383 and 384). In
particular, under section 31314, in order
to avoid loss of certain Federal-aid
highway funds otherwise apportioned
under 23 U.S.C. 104(b), each State must
comply with the requirement in 49
U.S.C. 31311(a)(1) to adopt and carry
out a program for testing and ensuring
the fitness of individuals to operate
CMVs consistent with the minimum
standards prescribed by FMCSA under
49 U.S.C. 31305(a) (see also 49 CFR
384.201).
C. Authority To Require Reporting by
MEs
FMCSA has authority under 49 U.S.C.
31133(a)(8) and 31149(c)(1)(E) to require
MEs on the National Registry to obtain
information from CMV drivers regarding
their physical health, to record and
retain the results of the physical
examinations of CMV drivers, and to
require frequent reporting of the
information contained on the MECs they
issue. Section 31133(a)(8) gives the
Agency broad administrative powers
(specifically ‘‘to prescribe recordkeeping
1 See
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and reporting requirements’’) to assist in
ensuring motor carrier safety and driver
health (Sen. Report No. 98–424 at 9
(May 2, 1984)). Section 31149(c)(1)(E)
authorizes a requirement for electronic
reporting of certain specific information
by MEs, including applicant names and
numerical identifiers as determined by
the FMCSA Administrator. Section
31149(c)(1)(E) sets minimum monthly
reporting requirements for MEs and
does not preclude the exercise by the
Agency of its broad authority under
section 31133(a)(8) to require more
frequent and more inclusive reports.2 In
addition to the general rulemaking
authority in 49 U.S.C. 31136(a), the
Secretary of Transportation is
specifically authorized by section
31149(e) to ‘‘issue such regulations as
may be necessary to carry out this
section.’’
Authority to implement these various
statutory provisions has been delegated
to the Administrator of FMCSA (49 CFR
1.87(f)).
IV. Background
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A. Regulatory History
In 2008, FMCSA issued the Medical
Certification Requirements as Part of the
Commercial Driver’s License (CDL) final
rule (73 FR 73096, Dec. 1, 2008). This
rule established requirements for CDL
drivers to provide MEC information to
SDLAs for posting on the driver record.
Then the National Registry of Certified
Medical Examiners final rule was issued
to establish the National Registry and
require that MEs listed on the National
Registry perform all physical
examinations of CMV drivers and issue
MECs to them (77 FR 24104, Apr. 20,
2012). The provisions of these final
rules are now in effect.
The Medical Examiner’s Certification
Integration final rule adopted a number
of changes in the procedures for the
preparation, recording, and utilization
of Medical Examination Report Forms
and MECs for CMV drivers (80 FR
22790, Apr. 23, 2015; 80 FR 35577, Jun.
22, 2015). Some of those changes, such
as the specific forms to be used by MEs
to record the results of physical
examinations and to certify CMV drivers
as physically qualified, are already in
effect.3
But several provisions were adopted
with a compliance date of June 22, 2018,
2 The provisions of section 31149(c)(1)(E) have
been amended by section 32302(c)(1)(A) of Moving
Ahead for Progress in the 21st Century, Public Law
112–141, 126 Stat. 405 (July 6, 2012) (‘‘MAP–21’’).
3 Judicial review of this aspect of the 2015 final
rule was dismissed for lack of standing in Owner
Operator Indep. Drivers Ass’n v. United States DOT,
878 F.3d 1099, 1102 (8th Cir. 2018) (rehearing and
rehearing en banc) denied Apr. 2, 2018).
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a delay of 3 years, primarily to allow the
SDLAs and FMCSA sufficient time to
develop, test and install the necessary
IT infrastructure to implement them.
The final rule required MEs to 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. The reporting included
results on all CMV drivers who are
required to be medically certified to
operate in interstate commerce, not only
those who hold or apply for CLPs or
CDLs. The reported results would be of
any examinations performed in
accordance with the Federal Motor
Carrier Safety Regulations (FMCSRs), as
well as those in accordance with any
applicable State variances (which will
be valid for intrastate operations only).
For holders of CLPs/CDLs (interstate
and intrastate), FMCSA stated that it
would electronically transmit from the
National Registry to the SDLAs the
driver identification, examination
results, and restriction information. The
SDLAs would in turn be required to
post this information to the CDLIS
driver record. The Agency also said it
would electronically transmit medical
variance information for all CMV
drivers to the SDLAs. If the information
transmitted so required, the SDLAs were
required to change the driver’s certified
status on the CDLIS driver record and/
or begin a downgrade of the CLP/CDL.
Motor carriers, enforcement personnel,
and other interested parties would be
permitted to rely on the medical
certification information on the CDLIS
driver record and would no longer be
permitted to rely on the original paper
MEC as proof of medical certification.
The 2015 final rule also adopted new
provisions based on the new reporting
requirement for MEs that would
invalidate any existing MEC held by a
CMV driver whenever the driver failed
a new physical qualification
examination. If the driver involved was
a CLP/CDL holder, such invalidation
would be electronically transmitted
from the National Registry to the SDLAs
for the SDLA to change the certified
status on the CDLIS driver record and/
or begin a downgrade of the CLP/CDL.
B. Recent Developments
As the compliance date of June 22,
2018, draws nearer, FMCSA has
reluctantly concluded that it will not be
able to electronically transmit MEC
information from the National Registry
to the SDLAs by that date. Further, the
SDLAs will not be able to electronically
receive the MEC information from the
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National Registry for posting to the
CDLIS driver record, as intended by the
Medical Examiner’s Certification
Integration final rule. Although the
Agency has initiated the IT
development work to enhance the
National Registry to enable the Agency
to electronically transmit MEC
information and medical variances to
the States, along with the programming
code the States would need to
implement changes to their IT systems
to receive the data, none of this work
will be completed in time to meet the
June 22, 2018 compliance date. Under
these circumstances, neither the Agency
nor the stakeholders would be able to
rely on the CDLIS driver record as
official proof of medical certification,
unless drivers continue to provide the
original paper MEC to the SDLAs, as is
being done presently. All of the
functions regarding electronic
transmission of data that were to be
implemented on June 22, 2018, are
dependent upon the development and
implementation of the IT infrastructure
that will not be available on June 22,
2018. For this reason, FMCSA decided
to extend the compliance date to June
22, 2021, to ensure that the SDLAs have
sufficient time once the final
specifications are released to make the
necessary IT programming changes.
V. Discussion of the Interim Final Rule
This interim final rule is effective
immediately and establishes, for most
provisions in the 2015 final rule, a new
compliance date of June 22, 2021. The
specific provisions impacted by this
change are listed in the Section-bySection discussion below. This delayed
compliance date means that through
June 21, 2021:
• Certified MEs must continue
issuing MECs to qualified CLP/CDL
applicants/holders;
• CLP/CDL applicants/holders must
continue ensuring that the SDLA
receives a copy of their MEC;
• Motor carriers must continue
verifying that drivers were certified by
an ME listed on the National Registry;
and
• SDLAs must continue processing
paper copies of MECs they receive from
CLP/CDL applicants/holders.
It should be noted that the
compliance date in today’s rule remains
as June 22, 2018, for the requirement for
MEs to report results of all CMV driver
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. In other words, except
for the ME reporting requirement, this
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interim final rule continues the status
quo for another 3 years. The details for
these requirements can be found in the
preambles of all three of the prior final
rules, or in the current regulatory text in
49 CFR parts 383, 384 and 391.
As noted above, FMCSA is not
delaying the requirement for MEs
performing physical examinations of
CMV drivers to report results of all CMV
drivers’ physical examinations
(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, since several MEs
already submit such results more
frequently than monthly. Having the
MEs begin submitting reports by
midnight (local time) of the next
calendar day following the examination
also allows FMCSA to begin
electronically transmitting this
important safety data to each State when
that State is ready to receive the
information, thereby providing States
additional flexibility to implement the
provisions of this rulemaking at their
own pace. FMCSA believes some States
may be prepared to receive this data
ahead of the June 22, 2021, date to take
advantage of the efficiencies and added
security the new process affords.
When FMCSA is ready to begin
electronically transmitting MEC
information from the National Registry,
and an SDLA is ready to begin receiving
this information electronically from the
National Registry, FMCSA will work
with the SDLA involved on the most
appropriate means to use such
electronic transmissions. FMCSA states
that, under such circumstances,
electronic transmission of the MEC
information may be an acceptable
means for CDL and CLP holders to
satisfy the requirement of providing the
MEC to the SDLA. In order to avoid any
uncertainty, provisions are being added
to the appropriate regulations stating
that, in case of a conflict between the
medical certification information
provided electronically by FMCSA and
information on a paper version of the
MEC, the electronic record will be
controlling. On the other hand, the
provisions in the regulations governing
the handling of these matters under the
current procedures will remain in effect
through June 21, 2021, to ensure
continued compliance by SDLAs and
other affected stakeholders until the
electronic transmission of MEC
information is operational for all
SDLAs.
If some SDLAs begin receiving MEC
information from FMCSA prior to June
22, 2021, FMCSA and the SDLAs will
make every effort to advise all
stakeholders when such handling
begins. MEs listed on the National
Registry, employers and enforcement
personnel (both State and Federal) will
need to be made fully aware that some
SDLAs may be following procedures
different from the remaining States.
VI. Good Cause Exists
Although the promulgation of a final
rule adjusting compliance dates would
ordinarily involve the issuance of a
notice of proposed rulemaking (NPRM)
and an opportunity for public comment,
the Administrative Procedure Act does
permit their omission for good cause,
when ‘‘notice and public procedure
thereon are impracticable, unnecessary,
or contrary to the public interest’’
(5 U.S.C. 553(b)(B)). The necessary IT
infrastructure to enable stakeholders to
comply with the regulatory provisions
involved will not be available on June
22, 2018. Under these circumstances,
and in order to timely clarify the
applicable regulatory requirements,
FMCSA finds that there is good cause to
issue this interim final rule. A proposed
rule allowing prior notice and
opportunity for comment could not be
completed before June 22 and is
therefore both impractical and contrary
to the public interest. An opportunity
for public comment is provided after
publication of the interim final rule. All
comments will be reviewed and the
interim final rule may be amended as a
result of those comments.
In addition, upon a finding of good
cause, the Agency may provide for a
final rule to become effective less than
30 days after publication in the Federal
Register (5 U.S.C. 553(d)(3)). Therefore,
for the same reasons as indicated above,
the Agency makes this interim final rule
effective immediately upon publication
in the Federal Register.
VII. International Impacts
The FMCSRs, and any exceptions to
the FMCSRs, apply only within the
United States (and, in some cases,
United States territories). Motor carriers
and drivers are subject to the laws and
regulations of the countries in which
they operate, unless an international
agreement states otherwise. Drivers and
carriers should be aware of the
regulatory differences among nations.
VIII. Section-by-Section Analysis
A. Parts 383, 384, and 391
In parts 383, 384, and 391, FMCSA
makes a few clarifying edits and
changes the date of the rule as stated in
the table below.
TABLE 1—DATE CHANGES
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Section that is changed:
Existing language in the CFR that is removed today:
Language added
to the CFR by
today’s final
rule:
383.71(h)(1)(i) ............................................................................
383.71(h)(1)(ii) ...........................................................................
383.71(h)(3)(i) ............................................................................
383.71(h)(3)(ii) ...........................................................................
383.73(a)(2)(vii)(A) ....................................................................
383.73(a)(2)(vii)(B) ....................................................................
383.73(b)(5)(i) ............................................................................
383.73(b)(5)(ii) ...........................................................................
383.73(o)(1)(i) ............................................................................
383.73(o)(1)(ii) ...........................................................................
383.73(o)(2)(i) ............................................................................
383.73(o)(2)(ii) ...........................................................................
383.73(o)(3)(i) ............................................................................
383.73(o)(3)(ii) ...........................................................................
383.73(o)(4)(i)(A)(1) ...................................................................
383.73(o)(4)(i)(A)(2) ...................................................................
383.73(o)(4)(ii)(A) ......................................................................
383.73(o)(4)(ii)(B) ......................................................................
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22,
22,
22,
22,
22,
22,
22,
22,
22,
22,
22,
22,
22,
22,
22,
22,
22,
22,
2021.
2021.
2021.
2021.
2021.
2021.
2021.
2021.
2021.
2021.
2021.
2021.
2021.
2021.
2021.
2021.
2021.
2021.
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TABLE 1—DATE CHANGES—Continued
Section that is changed:
Existing language in the CFR that is removed today:
Language added
to the CFR by
today’s final
rule:
384.301(i) ...................................................................................
391.23(m)(2)(i)(B)(1) ..................................................................
391.23(m)(2)(i)(C) ......................................................................
391.23(m)(3)(i)(B)(1) ..................................................................
391.23(m)(3)(i)(C) ......................................................................
391.41(a)(2)(i)(A) .......................................................................
391.41(a)(2)(i)(B) .......................................................................
391.43(g)(2)(i) ............................................................................
391.43(g)(2)(ii) ...........................................................................
391.43(g)(3) ...............................................................................
391.45(d) ...................................................................................
391.51(b)(7)(ii) ...........................................................................
391.51(b)(9)(ii) ...........................................................................
June
June
June
June
June
June
June
June
June
June
June
June
June
June
June
June
June
June
June
June
June
June
June
June
June
June
B. Sections 383.71(h)(4), 383.73(o)(6)
and 391.23(m)(4)
Identical new paragraphs are added to
§§ 383.71(h)(4), 383.73(o)(6), and
391.23(m)(4). The added text states that
in the event of a conflict between the
medical certification information
provided electronically by FMCSA and
a paper copy of the MEC, the medical
certification information provided
electronically by FMCSA shall control.
C. Section 391.41
In addition to the changes in the
compliance dates in § 391.41 noted in
the table above, FMCSA adds the phrase
‘‘and through June 21, 2021’’ to
§ 391.41(a)(2)(ii), following the phrase,
‘‘Beginning on July 8, 2015.’’ This
provides an ending date for the
provision that CLP holders, while
operating a CMV, would be required to
carry their MEC, or a copy, for up to 15
days after the date they were issued.
FMCSA also adds a new paragraph
(a)(2)(iv) that states that in the event of
a conflict between the medical
certification information provided
electronically by FMCSA and a paper
copy of the MEC, the medical
certification information provided
electronically by FMCSA shall control.
IX. Regulatory Analyses
pmangrum on DSK30RV082PROD with RULES
A. Executive Order (E.O.) 12866
(Regulatory Planning and Review), E.O.
13563 (Improving Regulation and
Regulatory Review), and DOT
Regulatory Policies and Procedures
FMCSA has determined that this
interim final rule is not a significant
regulatory action under section 3(f) of
E.O. 12866 (58 FR 51735, Oct. 4, 1993),
Regulatory Planning and Review, as
supplemented by E.O. 13563 (76 FR
3821, Jan. 21, 2011), Improving
Regulation and Regulatory Review, and
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22,
22,
22,
22,
22,
22,
22,
22,
22,
22,
22,
22,
22,
2018
2018
2018
2018
2018
2018
2018
2018
2018
2018
2018
2018
2018
..........................................................................
..........................................................................
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does not require an assessment of
potential costs and benefits under
section 6(a)(3) of that Order.
Accordingly, the Office of Management
and Budget (OMB) has not reviewed it
under that Order. It is also not
significant within the meaning of DOT
regulatory policies and procedures
(DOT Order 2100.5 dated May 22, 1980
(44 FR 11034, Feb. 26, 1979).
The Medical Examiner’s Certification
Integration Final Rule, published April
23, 2015 (80 FR 22790), amended the
FMCSRs to establish a streamlined
process for SDLAs to receive CMV
driver physical examination results
from the MEs, via the National Registry.
The 2015 final rule estimated that the
National Registry would be able to
receive and transmit this information on
a daily basis by June 22, 2018, and
established compliance dates for MEs,
motor carriers, FMCSA, and the States
accordingly. This rule, effective today,
delays until June 22, 2021, the
compliance date requiring (1) FMCSA to
electronically transmit from the
National Registry to the SDLAs driver
identification information, examination
results, and restriction information from
examinations performed for holders of
CLPs/CDLs (interstate and intrastate);
(2) FMCSA to electronically transmit to
the SDLAs medical variance
information for all CMV drivers; (3)
SDLAs to post driver identification,
examination results, and restriction
information received electronically from
FMCSA; and (4) motor carriers will no
longer need to verify that their drivers
holding CLPs or CDLs were certified by
an ME listed on the National Registry.
This action is being taken to ensure that
SDLAs have sufficient time to make the
necessary IT programming changes.
Although this rule impacts the
responsibilities of MEs, CMV drivers,
motor carriers, SDLAs, and FMCSA, it is
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21,
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21,
21,
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22,
22,
22,
22,
21,
21,
2021.
2021.
2021.
2021.
2021.
2021.
2021.
2021.
2021.
2021.
2021.
2021.
2021.
not expected to generate any economic
costs or benefits.
The 2015 final rule accounted for
costs associated with system
development and implementation, and
benefits associated with streamlined
processes and reduced paperwork.
These costs and benefits (originally
anticipated to be realized on the June
22, 2018, compliance date) will not be
realized on June 22, 2018. Therefore, the
baseline against which to evaluate the
impacts of this interim final rule is that
the necessary systems will not be ready
on June 22, 2018, and will instead be
ready on June 22, 2021. This rule aligns
the compliance date with the date when
the systems will be ready and thus,
when the costs and benefits estimated in
the 2015 final rule can be realized. This
rule does not result in additional costs
or benefits, nor does it inhibit the
realization of the costs and benefits
identified in the 2015 final rule.
B. E.O. 13771 (Reducing Regulation and
Controlling Regulatory Costs)
This interim final rule is not an E.O.
13771 regulatory action because this
rule is not significant under E.O.
12866.4
C. Regulatory Flexibility Act (Small
Entities)
Under the Regulatory Flexibility Act
of 1980 (5 U.S.C. 601–612), FMCSA is
not required to complete a regulatory
flexibility analysis, because, as
discussed earlier in the Good Cause
Exists section, this action is not subject
to notice and comment under section
4 Executive Office of the President, Office of
Management and Budget. Guidance Implementing
Executive Order 13771, Titled ‘‘Reducing
Regulation and Controlling Regulatory Costs.’’
Memorandum M–17–21. April 5, 2017.
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553(b) of the Administrative Procedure
Act.5
Act.
D. Assistance for Small Entities
In accordance with section 213(a) of
the Small Business Regulatory
Enforcement Fairness Act of 1996,
FMCSA wants to assist small entities in
understanding this interim final rule so
that they can better evaluate its effects
on themselves and participate in the
rulemaking initiative. If the interim final
rule will affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance; please consult the FMCSA
point of contact, Ms. Christine A.
Hydock listed in the FOR FURTHER
INFORMATION CONTACT section of this
interim final rule.
Small businesses may send comments
on the actions of Federal employees
who enforce or otherwise determine
compliance with Federal regulations to
the Small Business Administration’s
Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of FMCSA, call 1–888–REG–
FAIR (1–888–734–3247). DOT has a
policy regarding the rights of small
entities to regulatory enforcement
fairness and an explicit policy against
retaliation for exercising these rights.
E. Unfunded Mandates Reform Act of
1995
pmangrum on DSK30RV082PROD with RULES
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.
The Act addresses actions that may
result in the expenditure by a State,
local, or tribal government, in the
aggregate, or by the private sector of
$156 million (which is the value
equivalent of $100 million in 1995,
adjusted for inflation to 2015 levels) or
more in any one year. Though this
interim final rule will not result in such
an expenditure, the Agency does
discuss the effects of this rule elsewhere
in this preamble.
F. Paperwork Reduction Act
This interim final rule calls for no
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
55
U.S.C 553(b).
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G. E.O. 13132 (Federalism)
A rule has implications for
Federalism under section 1(a) of
Executive Order 13132 if it has
‘‘substantial direct effects 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.’’ FMCSA has
determined that this interim final rule
would not have substantial direct costs
on or for States, nor would it limit the
policymaking discretion of States.
Nothing in this document preempts any
State law or regulation. Therefore, this
rule does not have sufficient federalism
implications to warrant the preparation
of a Federalism Impact Statement.
H. E.O. 12988 (Civil Justice Reform)
This interim final rule meets
applicable standards in sections 3(a)
and 3(b)(2) of E.O. 12988, Civil Justice
Reform, to minimize litigation,
eliminates ambiguity, and reduce
burden.
I. E.O. 13045 (Protection of Children)
E.O. 13045, Protection of Children
from Environmental Health Risks and
Safety Risks (62 FR 19885, Apr. 23,
1997), requires agencies issuing
‘‘economically significant’’ rules, if the
regulation also concerns an
environmental health or safety risk that
an agency has reason to believe may
disproportionately affect children, to
include an evaluation of the regulation’s
environmental health and safety effects
on children. The Agency determined
this interim final rule is not
economically significant. Therefore, no
analysis of the impacts on children is
required. In any event, the Agency does
not anticipate that this regulatory action
could in any respect present an
environmental or safety risk that could
disproportionately affect children.
J. E.O. 12630 (Taking of Private
Property)
FMCSA reviewed this interim final
rule in accordance with E.O. 12630,
Governmental Actions and Interference
with Constitutionally Protected Property
Rights, and has determined it will not
effect a taking of private property or
otherwise have taking implications.
K. Privacy
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
(PIA) of a regulation that will affect the
privacy of individuals. This rule does
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not require the collection of personally
identifiable information (PII). The
supporting PIA, available for review in
the docket, gives a full and complete
explanation of FMCSA practices for
protecting PII in general and specifically
in relation to this interim final rule.
The Privacy Act (5 U.S.C. 552a)
applies only to Federal agencies and any
non-Federal agency which receives
records contained in a system of records
from a Federal agency for use in a
matching program.
The E-Government Act of 2002,
Public Law 107–347, section 208, 116
Stat. 2899, 2921 (Dec. 17, 2002),
requires Federal agencies to conduct a
PIA for new or substantially changed
technology that collects, maintains, or
disseminates information in an
identifiable form. No new or
substantially changed technology would
collect, maintain, or disseminate
information because of this rule. As a
result, FMCSA has not conducted a
privacy impact assessment.
L. E.O. 12372 (Intergovernmental
Review)
The regulations implementing E.O.
12372 regarding intergovernmental
consultation on Federal programs and
activities do not apply to this program.
M. E.O. 13211 (Energy Supply,
Distribution, or Use)
FMCSA has analyzed this interim
final rule under E.O. 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. The Agency has
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. Therefore, it does not require a
Statement of Energy Effects under E.O.
13211. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under E.O. 13211.
N. E.O. 13783 (Promoting Energy
Independence and Economic Growth)
E.O. 13783 directs executive
departments and agencies to review
existing regulations that potentially
burden the development or use of
domestically produced energy
resources, and to appropriately suspend,
revise, or rescind those that unduly
burden the development of domestic
energy resources. In accordance with
E.O. 13783, DOT prepared and
submitted a report to the Director of
OMB that provides specific
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Federal Register / Vol. 83, No. 120 / Thursday, June 21, 2018 / Rules and Regulations
recommendations that, to the extent
permitted by law, could alleviate or
eliminate aspects of agency action that
burden domestic energy production.
This interim final rule has not been
identified by DOT under E.O. 13783 as
potentially alleviating unnecessary
burdens on domestic energy production.
O. E.O. 13175 (Indian Tribal
Governments)
This interim final 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.
pmangrum on DSK30RV082PROD with RULES
P. 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 interim final rule does not
use technical standards. Therefore,
FMCSA did not consider the use of
voluntary consensus standards.
Q. Environment (NEPA, CAA,
Environmental Justice)
FMCSA analyzed this interim final
rule for the purpose of the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), and determined
this action is categorically excluded
from further analysis and
documentation in an environmental
assessment or environmental impact
statement under FMCSA Order
5610.1(69 FR 9680, Mar. 1, 2004),
Appendix 2, paragraph (s)(7) and
paragraph (t)(2). The Categorical
Exclusion (CE) in paragraph (s)(7)
covers requirements for State-issued
commercial license documentation and
paragraph (t)(2) addresses regulations
that assure States have the appropriate
information systems and procedures
concerning CDL qualifications. The
content in this interim final rule is
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covered by these CEs and the final
action does not have any effect on the
quality of the environment. The CE
determination is available for inspection
or copying in the Regulations.gov
website listed under ADDRESSES.
FMCSA also analyzed this rule under
section 176(c) of the Clean Air Act, as
amended (CAA) (42 U.S.C. 7401 et seq.),
and implementing regulations
promulgated by the Environmental
Protection Agency. Approval of this
action is exempt from the CAA’s general
conformity requirement since it does
not affect direct or indirect emissions of
criteria pollutants.
Under E.O. 12898, each Federal
agency must identify and address, as
appropriate, ‘‘disproportionately high
and adverse human health or
environmental effects of its programs,
policies, and activities on minority
populations and low-income
populations’’ in the United States, its
possessions, and territories. FMCSA
evaluated the environmental justice
effects of this interim final rule in
accordance with the E.O., and has
determined that no environmental
justice issue is associated with this
interim final rule, nor is there any
collective environmental impact that
would result from its promulgation.
List of Subjects
49 CFR Part 383
Administrative practice and
procedure, Alcohol abuse, Drug abuse,
Highway safety, Motor carriers.
49 CFR Part 384
Administrative practice and
procedure, Alcohol abuse, Drug abuse,
Highway safety, Motor carriers.
49 CFR Part 391
Alcohol abuse, Drug abuse, Drug
testing, Highway safety, Motor carriers,
Reporting and recordkeeping
requirements, Safety, Transportation.
In consideration of the foregoing,
FMCSA amends 49 CFR chapter III,
parts 383, 384, and 391 to read as
follows:
PART 383—COMMERCIAL DRIVER’S
LICENSE STANDARDS;
REQUIREMENTS AND PENALTIES
1. The authority citation for part 383
continues to read as follows:
■
Authority: 49 U.S.C. 521, 31136, 31301 et
seq., and 31502; secs. 214 and 215 of Pub. L.
106–159, 113 Stat. 1748, 1766, 1767; sec.
1012(b) of Pub. L. 107–56, 115 Stat. 272, 297,
sec. 4140 of Pub. L. 109–59, 119 Stat. 1144,
1746; sec. 32934 of Pub. L. 112–141, 126 stat.
405, 830; and 49 CFR 1.87.
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2. Amend § 383.71 by revising
paragraphs (h)(1) and (3), and adding
paragraph (h)(4), to read as follows:
■
§ 383.71 Driver application and
certification procedures.
*
*
*
*
*
(h) * * *
(1) New CLP and CDL applicants. (i)
Before June 22, 2021, a new CLP or CDL
applicant who certifies that he/she will
operate CMVs in non-excepted,
interstate commerce must provide the
State with an original or copy (as
required by the State) of a medical
examiner’s certificate prepared by a
medical examiner, as defined in 49 CFR
390.5, and the State will post a medical
qualifications status of ‘‘certified’’ on
the CDLIS driver record for the driver;
(ii) On or after June 22, 2021, a new
CLP or CDL applicant who certifies that
he/she will operate CMVs in nonexcepted, interstate commerce must be
medically examined and certified in
accordance with 49 CFR 391.43 as
medically qualified to operate a CMV by
a medical examiner, as defined in 49
CFR 390.5. Upon receiving an electronic
copy of the medical examiner’s
certificate from FMCSA, the State will
post a medical qualifications status of
‘‘certified’’ on the CDLIS driver record
for the driver;
*
*
*
*
*
(3) Maintaining the medical
certification status of ‘‘certified.’’ (i)
Before June 22, 2021, in order to
maintain a medical certification status
of ‘‘certified,’’ a CLP or CDL holder who
certifies that he/she will operate CMVs
in non-excepted, interstate commerce
must provide the State with an original
or copy (as required by the State) of
each subsequently issued medical
examiner’s certificate;
(ii) On or after June 22, 2021, in order
to maintain a medical certification
status of ‘‘certified,’’ a CLP or CDL
holder who certifies that he/she will
operate CMVs in non-excepted,
interstate commerce must continue to be
medically examined and certified in
accordance with 49 CFR 391.43 as
physically qualified to operate a
commercial motor vehicle by a medical
examiner, as defined in 49 CFR 390.5.
FMCSA will provide the State with an
electronic copy of the medical
examiner’s certificate information for all
subsequent medical examinations in
which the driver has been deemed
qualified.
(4) In the event of a conflict between
the medical certification information
provided electronically by FMCSA and
a paper copy of the medical examiner’s
certificate, the medical certification
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information provided electronically by
FMCSA shall control.
■ 3. Amend § 383.73 by revising
paragraphs (a)(2)(vii), (b)(5), (o)(1)(i)
introductory text, (o)(1)(ii) introductory
text, (o)(2), (o)(3), (o)(4)(i)(A), and
(o)(4)(ii), and adding paragraph (o)(6), to
read as follows:
pmangrum on DSK30RV082PROD with RULES
§ 383.73
State procedures
(a) * * *
(2) * * *
(vii)(A) Before June 22, 2021, 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, 2021, 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.
(b) * * *
(5)(i) Before June 22, 2021, 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, 2021, 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.
*
*
*
*
*
(o) * * *
(1)(i) Status of CLP or CDL holder.
Before June 22, 2021, for each operator
of a commercial motor vehicle required
to have a CLP or CDL, the current
licensing State must:
*
*
*
*
*
(ii) Status of CLP or CDL holder. On
or after June 22, 2021, for each operator
of a commercial motor vehicle required
to have a CLP or CDL, the current
licensing State must:
*
*
*
*
*
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(2) Status update. (i) Before June 22,
2021, the State must, within 10 calendar
days of the driver’s medical examiner’s
certificate or medical variance expiring,
the medical variance being rescinded or
the medical examiner’s certificate being
voided by FMCSA, update the medical
certification status of that driver as ‘‘not
certified.’’
(ii) On or after June 22, 2021, the State
must, within 10 calendar days of the
driver’s medical examiner’s certificate
or medical variance expiring, the
medical examiner’s certificate becoming
invalid, the medical variance being
rescinded or the medical examiner’s
certificate being voided by FMCSA,
update the medical certification status
of that driver as ‘‘not certified.’’
(3) Variance update. (i) Before June
22, 2021, within 10 calendar days of
receiving information from FMCSA
regarding issuance or renewal of a
medical variance for a driver, the State
must update the CDLIS driver record to
include the medical variance
information provided by FMCSA.
(ii) On or after June 22, 2021, within
1 business day of electronically
receiving medical variance information
from FMCSA regarding the issuance or
renewal of a medical variance for a
driver, the State must update the CDLIS
driver record to include the medical
variance information provided by
FMCSA.
(4) * * *
(i) * * *
(A)(1) Before June 22, 2021, notify the
CLP or CDL holder of his/her CLP or
CDL ‘‘not-certified’’ medical
certification status and that the CMV
privileges will be removed from the CLP
or CDL unless the driver submits a
current medical examiner’s certificate
and/or medical variance, or changes his/
her self-certification to driving only in
excepted or intrastate commerce (if
permitted by the State);
(2) On or after June 22, 2021, notify
the CLP or CDL holder of his/her CLP
or CDL ‘‘not-certified’’ medical
certification status and that the CMV
privileges will be removed from the CLP
or CDL unless the driver has been
medically examined and certified in
accordance with 49 CFR 391.43 as
physically qualified to operate a
commercial motor vehicle by a medical
examiner, as defined in 49 CFR 390.5,
or the driver changes his/her selfcertification to driving only in excepted
or intrastate commerce (if permitted by
the State).
*
*
*
*
*
(ii)(A) Before June 22, 2021, if a driver
fails to provide the State with the
certification contained in § 383.71(b)(1),
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or a current medical examiner’s
certificate if the driver self-certifies
according to § 383.71(b)(1)(i) that he/she
is operating in non-excepted interstate
commerce as required by § 383.71(h),
the State must mark that CDLIS driver
record as ‘‘not-certified’’ and initiate a
CLP or CDL downgrade following State
procedures in accordance with
paragraph (o)(4)(i)(B) of this section.
(B) On or after June 22, 2021, if a
driver fails to provide the State with the
certification contained in § 383.71(b)(1),
or, if the driver self-certifies according
to § 383.71(b)(1)(i) that he/she is
operating in non-excepted interstate
commerce as required by § 383.71(h)
and the information required by
paragraph (o)(2)(ii) of this section is not
received and posted, the State must
mark that CDLIS driver record as ‘‘notcertified’’ and initiate a CLP or CDL
downgrade following State procedures
in accordance with paragraph
(o)(4)(i)(B) of this section.
*
*
*
*
*
(6) In the event of a conflict between
the medical certification information
provided electronically by FMCSA and
a paper copy of the medical examiner’s
certificate, the medical certification
information provided electronically by
FMCSA shall control.
*
*
*
*
*
PART 384—STATE COMPLIANCE
WITH COMMERCIAL DRIVER’S
LICENSE PROGRAM
4. The authority citation for part 384
continues to read as follows:
■
Authority: 49 U.S.C. 31136, 31301, et seq.,
and 31502; secs. 103 and 215 of Pub. L. 106–
59, 113 Stat. 1753, 1767; sec. 32934 of Pub.
L. 112–141, 126 stat. 405, 830 and 49 CFR
1.87.
5. Amend § 384.301 by revising
paragraph (i) to read as follows:
■
§ 384.301 Substantial compliance-general
requirements.
*
*
*
*
*
(i) A State must come into substantial
compliance with the requirements of
subpart B of this part and part 383 of
this chapter in effect as of June 22, 2015,
as soon as practical, but, unless
otherwise specifically provided in this
part, not later than June 22, 2021.
*
*
*
*
*
PART 391—QUALIFICATIONS OF
DRIVERS AND LONGER
COMBINATION VEHICLE (LCV)
DRIVER INSTRUCTORS
6. The authority citation for part 391
continues to read as follows:
■
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Federal Register / Vol. 83, No. 120 / Thursday, June 21, 2018 / Rules and Regulations
Authority: 49 U.S.C. 504, 508, 31133,
31136, 31149, 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; sec. 5524 of Pub. L. 114–94, 129 Stat.
1312, 1560; and 49 CFR 1.87.
7. Amend § 391.23 by revising
paragraphs (m)(2)(i)(B)(1) and
(m)(2)(i)(C), (m)(3)(i)(B)(1) and
(m)(3)(i)(C), and adding paragraph
(m)(4), to read as follows:
■
§ 391.23
Investigation and inquiries.
pmangrum on DSK30RV082PROD with RULES
*
*
*
*
*
(m) * * *
(2) * * *
(i) * * *
(B)(1) Beginning on May 21, 2014, and
through June 21, 2021, 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. Beginning on January
30, 2015, and through June 21, 2021, 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.
*
*
*
*
*
(3) * * *
(i) * * *
(B)(1) Through June 21, 2021, 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) Through June 21, 2021, 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)(2)(vii) 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.
*
*
*
*
*
(4) In the event of a conflict between
the medical certification information
provided electronically by FMCSA and
a paper copy of the medical examiner’s
certificate, the medical certification
information provided electronically by
FMCSA shall control.
VerDate Sep<11>2014
14:07 Jun 20, 2018
Jkt 244001
8. Amend § 391.41 by revising
paragraphs (a)(2)(i) and (ii), and adding
paragraph (a)(2)(iv), to read as follows:
■
§ 391.41
drivers.
Physical qualifications for
(a) * * *
(2) * * *
(i)(A) Beginning on January 30, 2015
and through June 21, 2021, 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 49 CFR 383.71(h)
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.
(B) On or after June 22, 2021, a driver
required to have a commercial driver’s
license or a commercial learner’s permit
under 49 CFR part 383, and who has a
current medical examiner’s certificate
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).
(ii) Beginning on July 8, 2015, and
through June 21, 2021, 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.
*
*
*
*
*
(iv) In the event of a conflict between
the medical certification information
provided electronically by FMCSA and
a paper copy of the medical examiner’s
certificate, the medical certification
information provided electronically by
FMCSA shall control.
*
*
*
*
*
■ 9. Amend § 391.43 by revising
paragraphs (g)(2) and (3) to read as
follows:
§ 391.43 Medical examination; certificate
of physical examination.
*
*
*
*
*
(g) * * *
(2)(i) Before June 22, 2021, if the
medical examiner finds that the person
examined is physically qualified to
operate a commercial motor vehicle in
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
accordance with § 391.41(b), he or she
must complete a certificate in the form
prescribed in paragraph (h) of this
section and furnish the original to the
person who was examined. The
examiner must provide a copy to a
prospective or current employing motor
carrier who requests it.
(ii) On or after June 22, 2021, if the
medical examiner identifies that the
person examined will not be operating
a commercial motor vehicle that
requires a commercial driver’s license or
a commercial learner’s permit and finds
that the driver is physically qualified to
operate a commercial motor vehicle in
accordance with § 391.41(b), he or she
must complete a certificate in the form
prescribed in paragraph (h) of this
section and furnish the original to the
person who was examined. The
examiner must provide a copy to a
prospective or current employing motor
carrier who requests it.
(3) On or after June 22, 2021, if the
medical examiner finds that the person
examined is not physically qualified to
operate a commercial motor vehicle in
accordance with § 391.41(b), he or she
must inform the person examined that
he or she is not physically qualified,
and that this information will be
reported to FMCSA. All medical
examiner’s certificates previously issued
to the person are not valid and no longer
satisfy the requirements of § 391.41(a).
*
*
*
*
*
■ 10. Amend § 391.45 by revising
paragraph (d) to read as follows:
§ 391.45 Persons who must be medically
examined and certified.
*
*
*
*
*
(d) On or after June 22, 2021, any
person found by a medical examiner not
to be physically qualified to operate a
commercial motor vehicle under the
provisions of paragraph (g)(3) of
§ 391.43.
■ 11. Amend § 391.51 by revising
paragraphs (b)(7)(ii) and (b)(9)(ii) to read
as follows:
§ 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
§ 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,
E:\FR\FM\21JNR1.SGM
21JNR1
Federal Register / Vol. 83, No. 120 / Thursday, June 21, 2018 / Rules and Regulations
2015, a non-excepted, interstate CDL
holder without medical certification
status information on the CDLIS motor
vehicle record is designated ‘‘notcertified’’ to operate a CMV in interstate
commerce. After January 30, 2015 and
through June 21, 2021, 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.
*
*
*
*
*
(9) * * *
(ii) Through June 21, 2021, for drivers
required to have a CDL, a note relating
to verification of medical examiner
listing on the National Registry of
Certified Medical Examiners required by
§ 391.23(m)(2).
*
*
*
*
*
Issued under authority delegated in 49 CFR
1.87 on: June 15, 2018.
Raymond P. Martinez,
Administrator.
[FR Doc. 2018–13314 Filed 6–20–18; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 170901861–8524–02]
RIN 0648–BH08
Fisheries Off West Coast States;
Coastal Pelagic Species Fisheries;
Biennial Specifications
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
This final rule implements
annual harvest specifications and
management measures to establish
allowable catch levels for Pacific
mackerel for the fishing years 2017–
2018 and 2018–2019. The harvest
guideline (HG) and annual catch target
(ACT) for the 2017–2018 fishing year are
26,293 metric tons (mt) and 25,293 mt,
respectively. The HG and ACT for the
2018–2019 fishing year are 23,840 mt
and 22,840 mt, respectively. The ACT
serves as the primary directed
commercial harvest quotas. If the fishery
attains the ACT in either fishing year,
the directed fishery will close, reserving
the difference between the HG and ACT
as a 1,000 mt set-aside for incidental
landings in other fisheries. If the HG is
pmangrum on DSK30RV082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
14:07 Jun 20, 2018
Jkt 244001
reached, all retention would be
prohibited through the end of the
fishing year. This rule is intended to
conserve and manage the Pacific
mackerel stock off the U.S. West Coast.
DATES: Effective July 23, 2018 through
June 30, 2019.
ADDRESSES: Copies of the report,
‘‘Pacific Mackerel Biomass Projection
Estimate for USA Management in 2017–
2018 and 2018–2019’’ may be obtained
from the West Coast Regional Office,
501 W Ocean Blvd., Ste. 4200, Long
Beach, CA 90802–4250.
FOR FURTHER INFORMATION CONTACT:
Joshua Lindsay, West Coast Region,
NMFS, (562) 980–4034.
SUPPLEMENTARY INFORMATION: Under the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act), 16 U.S.C. 1801
et seq., NMFS manages the Pacific
mackerel fishery in the U.S. Exclusive
Economic Zone off the West Coast in
accordance with the Coastal Pelagic
Species (CSP) Fishery Management Plan
(FMP). The CPS FMP and its
implementing regulations require NMFS
to set annual harvest specifications for
the Pacific mackerel fishery based on
the annual specification framework and
control rules in the FMP. The control
rules in the CPS FMP include the HG
control rule, which in conjunction with
the overfishing limit (OFL) and
acceptable biological catch (ABC) rules,
are used to manage harvest levels for
Pacific mackerel. According to the FMP,
the quota for the principal commercial
fishery, the HG, is determined using the
FMP-specified HG formula. The HG is
based, in large part, on the current
estimate of stock biomass. The biomass
estimate is an explicit part of the
various harvest control rules for Pacific
mackerel, and as the estimated biomass
decreases or increases from one year to
the next, the resulting allowable catch
levels similarly trend. More information
on the Pacific Fishery Management
Council’s (Council) process for
developing Pacific mackerel harvest
specifications and more detail on the
HG control rule are provided in the
proposed rule for this action (82 FR
56204) and are not repeated here.
The purpose of this final rule is to
implement these harvest specifications,
which include allowable harvest levels
(ACT, HG, annual catch limit (ACL)), as
well as annual catch reference points
(OFL and ABC) that take into
consideration uncertainty surrounding
the current biomass estimates for Pacific
mackerel for the 2017–2018 and 2018–
2019 fishing years. As described above,
the Pacific mackerel HG control rule is
the primary mechanism for setting the
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
28783
annual commercial fishery quota,
however the Council recommended, and
NMFS is implementing, ACTs under the
HG that will trigger a closure of directed
commercial fishing for Pacific mackerel
and incidental harvest provisions. The
reason for instituting an ACT and
closing directed fishing at the ACT
instead of all commercial catch at the
HG, is that Pacific mackerel commonly
school with other CPS; the 1,000 mt
buffer between the ACT and HG would
allow for the continued prosecution of
these other important CPS fisheries after
the ACT for Pacific mackerel is attained.
The OFL is the catch level above which
overfishing would be occurring and the
ABC is set below the OFL to account for
scientific uncertainty in the OFL. The
ACL can be set equal to or less than the
ABC if necessary to ensure overfishing
does not occur and serves as the basis
to invoke management controls that can
prevent the ACL from being exceeded
and to correct or mitigate overages of the
ACL if they occur, and can be set no
higher than the ABC.
The Council recommended, and
NMFS is implementing, Pacific
mackerel harvest specifications and
management measures for both the
2017–2018 and 2018–2019 fishing years.
For the 2017–2018 Pacific mackerel
fishing year these include an OFL of
30,115 mt, an ABC and ACL of 27,510
mt, a HG of 26,293 mt, and an ACT of
25,293 mt. For the 2018–2019 Pacific
mackerel fishing year these include an
OFL of 27,662 mt, an ABC and ACL of
25,269 mt, a HG of 23,840 mt, and an
ACT of 22,840 mt. The Pacific mackerel
fishing season runs from July 1 to June
30. These catch specifications are based
on the control rules established in the
CPS FMP and biomass estimates of
143,403 mt (2017–2018) and 131,724 mt
(2018–2019). These biomass estimates
are the result of the NMFS Southwest
Fishery Science Center’s Pacific
mackerel stock assessment completed in
June 2015, and a subsequent catch-only
projection estimate completed in June
2017. The Council’s Scientific and
Statistical Committee approved the
biomass estimates from the assessment
and catch-only projection estimate as
the best available scientific information
for management at its June 2017 meeting
(see ADDRESSES).
Upon the unlikely attainment of the
ACT in either fishing year, directed
fishing would close, reserving the
difference between the HG and ACT
(1,000 mt) as a set aside for incidental
landings in other fisheries and other
sources of mortality. For the remainder
of the fishing year, incidental landings
would be constrained to a 45-percent
incidental catch allowance when Pacific
E:\FR\FM\21JNR1.SGM
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]]>Agencies
[Federal Register Volume 83, Number 120 (Thursday, June 21, 2018)]
[Rules and Regulations]
[Pages 28774-28783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13314]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Parts 383, 384, and 391
[Docket No. FMCSA-2018-0152]
RIN 2126-AC18
Extension of Compliance Dates for Medical Examiner's
Certification Integration
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Interim final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA amends its regulations to delay the compliance date from
June 22, 2018, to June 22, 2021, for several provisions of its April
23, 2015 Medical Examiner's Certification Integration final rule. This
action is being taken to provide FMCSA additional time to complete
certain information technology (IT) system development tasks for its
National Registry of Certified Medical Examiners (National Registry)
and provide the State Driver's Licensing Agencies (SDLAs) sufficient
time to make the necessary IT programming changes after upgrades to the
National Registry.
DATES:
Effective Date: This interim final rule is effective June 21, 2018.
Public Comment Period: Comments must be received on or before
August 20, 2018.
ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2018-0152 using any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments.
Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays.
Fax: 202-493-2251.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section for instructions on submitting
comments, including collection of information comments for the Office
of Information and Regulatory Affairs, OMB.
FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division, Federal Motor Carrier Safety Administration,
1200 New Jersey Avenue SE, Washington, DC 20590-0001, by telephone at
202-366-4001, or by email at [email protected]. If you have
questions on viewing or submitting material to the docket, contact
Docket Services, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Rulemaking Documents
A. Submitting Comments
If you submit a comment, please include the docket number for this
interim final rule (Docket No. FMCSA-2018-0152), indicate the specific
section of this document to which each comment applies, and provide a
reason for each suggestion or recommendation. You may submit your
comments and material online or by fax, mail, or hand delivery, but
please use only one of these means. FMCSA recommends that you include
your name and a mailing address, an email address, or a phone number in
the body of your document so that FMCSA can contact you if there are
questions regarding your submission.
To submit your comment online, go to https://www.regulations.gov,
put the docket number, FMCSA-2018-0152, in the keyword box, and click
``Search.'' When the new screen appears, click on the ``Comment Now!''
button and type your comment into the text box on the following screen.
Choose whether you are submitting your comment as an individual or on
behalf of a third party and then submit.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
FMCSA will consider all comments and material received during the
[[Page 28775]]
comment period and may change this interim final rule based on your
comments. FMCSA may issue a final rule at any time after the close of
the comment period.
Confidential Business Information
Confidential Business Information (CBI) is commercial or financial
information that is customarily not made available to the public by the
submitter. Under the Freedom of Information Act, CBI is eligible for
protection from public disclosure. If you have CBI that is relevant or
responsive to this interim final rule it is important that you clearly
designate the submitted comments as CBI. Accordingly, please mark each
page of your submission as ``confidential'' or ``CBI.'' Submissions
designated as CBI and meeting the definition noted above will not be
placed in the public docket of this interim final rule. Submissions
containing CBI should be sent to Mr. Brian Dahlin, Chief, Regulatory
Evaluation Division, 1200 New Jersey Avenue SE, Washington, DC 20590.
Any commentary that FMCSA receives that is not specifically designated
as CBI will be placed in the public docket for this rulemaking.
FMCSA will consider all comments and material received during the
comment period.
B. Viewing Comments and Documents
To view comments, as well as any documents mentioned in this
preamble as being available in the docket, go to https://www.regulations.gov. Insert the docket number, FMCSA-2018-0152, in the
keyword box, and click ``Search.'' Next, click the ``Open Docket
Folder'' button and choose the document to review. If you do not have
access to the internet, you may view the docket online by visiting the
Docket Management Facility in Room W12-140 on the ground floor of the
DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590,
between 9 a.m. and 5 p.m., E.T., Monday through Friday, except Federal
holidays.
C. Privacy Act
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.transportation.gov/privacy.
D. Advance Notice of Proposed Rulemaking (ANPRM) or Negotiated
Rulemaking Not Required
Under 49 U.S.C. 31136(g), added by section 5202 of the Fixing
America's Surface Transportation or FAST Act, Public Law 114-94, 129
Stat. 1312, 1534 (Dec. 4, 2015), FMCSA is required either to proceed
with negotiated rulemaking or to publish an ANPRM for any major
rulemaking, unless the Agency finds good cause that an ANPRM is
impracticable, unnecessary, or contrary to the public interest. FMCSA
has determined that this interim final rule is not major; therefore,
neither an ANPRM nor a negotiated rulemaking is required.
II. Executive Summary
A. Purpose and Summary of the Major Provisions
This interim final rule delays the compliance date for several
provisions in the Medical Examiner's Certification Integration final
rule (80 FR 22790, Apr. 23, 2015) from June 22, 2018, to June 22, 2021.
Specifically, it postpones, through June 22, 2021, the provisions for:
(1) FMCSA to electronically, transmit from the National Registry to the
SDLAs, driver identification information, examination results, and
restriction information from examinations performed for holders of
commercial learner's permits (CLPs) or commercial driver's licenses
(CDLs) (interstate and intrastate); (2) FMCSA to electronically
transmit to the SDLAs medical variance information for all commercial
motor vehicle (CMV) drivers; (3) SDLAs to post on the Commercial
Driver's License Information System (CDLIS) driver record the driver
identification, examination results, and restriction information
received electronically from FMCSA; and (4) motor carriers to no longer
be required to verify that CLP/CDL drivers were certified by a
certified medical examiner (ME) listed on the National Registry.
B. Benefits and Costs
This rule results in neither costs nor benefits but aligns the
compliance dates with the date when the IT systems will be ready and,
thus, when the costs and benefits estimated in the 2015 final rule can
be realized.
III. Legal Basis for the Interim Final Rule
The legal basis of the 2015 final rule, set out at 80 FR 22791-
22792, also serves as the legal basis for this interim final rule.
Brief summaries of the relevant legal bases for the actions taken in
this interim final rule are set out below.
A. Authority Over Drivers Affected
Drivers Required To Obtain a Medical Examiners Certificate (MEC)
FMCSA is required by statute to establish standards for the
physical qualifications of drivers who operate CMVs in interstate
commerce for non-excepted industries (49 U.S.C. 31136(a)(3) and
31502(b)). Subject to certain limited exceptions,\1\ FMCSA has
fulfilled the statutory mandate by establishing physical qualification
standards for all drivers covered by these provisions (49 CFR
391.11(b)(4)). Such drivers must obtain, from an ME, a certification
indicating that the driver is physically qualified to drive a CMV (49
CFR 391.41(a), 391.43(g) and (h)). FMCSA is also required to ensure
that the operation of a CMV does not have a deleterious effect on the
physical condition of drivers (49 U.S.C. 31136(a)(4)).
---------------------------------------------------------------------------
\1\ See 49 CFR 390.3(f) and 391.2.
---------------------------------------------------------------------------
Drivers Required To Obtain a CDL
The authority for FMCSA to require an operator of a CMV to obtain a
CDL is based on 49 U.S.C. 31302 and the authority to set minimum
standards for the testing and fitness of such operators rests on 49
U.S.C.31305.
B. Authority To Regulate State CDL Programs
Under 49 U.S.C. 31311 and 31314, FMCSA has authority to prescribe
procedures and requirements the States must follow when issuing CDLs
(see, generally, 49 CFR parts 383 and 384). In particular, under
section 31314, in order to avoid loss of certain Federal-aid highway
funds otherwise apportioned under 23 U.S.C. 104(b), each State must
comply with the requirement in 49 U.S.C. 31311(a)(1) to adopt and carry
out a program for testing and ensuring the fitness of individuals to
operate CMVs consistent with the minimum standards prescribed by FMCSA
under 49 U.S.C. 31305(a) (see also 49 CFR 384.201).
C. Authority To Require Reporting by MEs
FMCSA has authority under 49 U.S.C. 31133(a)(8) and 31149(c)(1)(E)
to require MEs on the National Registry to obtain information from CMV
drivers regarding their physical health, to record and retain the
results of the physical examinations of CMV drivers, and to require
frequent reporting of the information contained on the MECs they issue.
Section 31133(a)(8) gives the Agency broad administrative powers
(specifically ``to prescribe recordkeeping
[[Page 28776]]
and reporting requirements'') to assist in ensuring motor carrier
safety and driver health (Sen. Report No. 98-424 at 9 (May 2, 1984)).
Section 31149(c)(1)(E) authorizes a requirement for electronic
reporting of certain specific information by MEs, including applicant
names and numerical identifiers as determined by the FMCSA
Administrator. Section 31149(c)(1)(E) sets minimum monthly reporting
requirements for MEs and does not preclude the exercise by the Agency
of its broad authority under section 31133(a)(8) to require more
frequent and more inclusive reports.\2\ In addition to the general
rulemaking authority in 49 U.S.C. 31136(a), the Secretary of
Transportation is specifically authorized by section 31149(e) to
``issue such regulations as may be necessary to carry out this
section.''
---------------------------------------------------------------------------
\2\ The provisions of section 31149(c)(1)(E) have been amended
by section 32302(c)(1)(A) of Moving Ahead for Progress in the 21st
Century, Public Law 112-141, 126 Stat. 405 (July 6, 2012) (``MAP-
21'').
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Authority to implement these various statutory provisions has been
delegated to the Administrator of FMCSA (49 CFR 1.87(f)).
IV. Background
A. Regulatory History
In 2008, FMCSA issued the Medical Certification Requirements as
Part of the Commercial Driver's License (CDL) final rule (73 FR 73096,
Dec. 1, 2008). This rule established requirements for CDL drivers to
provide MEC information to SDLAs for posting on the driver record. Then
the National Registry of Certified Medical Examiners final rule was
issued to establish the National Registry and require that MEs listed
on the National Registry perform all physical examinations of CMV
drivers and issue MECs to them (77 FR 24104, Apr. 20, 2012). The
provisions of these final rules are now in effect.
The Medical Examiner's Certification Integration final rule adopted
a number of changes in the procedures for the preparation, recording,
and utilization of Medical Examination Report Forms and MECs for CMV
drivers (80 FR 22790, Apr. 23, 2015; 80 FR 35577, Jun. 22, 2015). Some
of those changes, such as the specific forms to be used by MEs to
record the results of physical examinations and to certify CMV drivers
as physically qualified, are already in effect.\3\
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\3\ Judicial review of this aspect of the 2015 final rule was
dismissed for lack of standing in Owner Operator Indep. Drivers
Ass'n v. United States DOT, 878 F.3d 1099, 1102 (8th Cir. 2018)
(rehearing and rehearing en banc) denied Apr. 2, 2018).
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But several provisions were adopted with a compliance date of June
22, 2018, a delay of 3 years, primarily to allow the SDLAs and FMCSA
sufficient time to develop, test and install the necessary IT
infrastructure to implement them. The final rule required MEs to 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. The reporting included results on all CMV
drivers who are required to be medically certified to operate in
interstate commerce, not only those who hold or apply for CLPs or CDLs.
The reported results would be of any examinations performed in
accordance with the Federal Motor Carrier Safety Regulations (FMCSRs),
as well as those in accordance with any applicable State variances
(which will be valid for intrastate operations only). For holders of
CLPs/CDLs (interstate and intrastate), FMCSA stated that it would
electronically transmit from the National Registry to the SDLAs the
driver identification, examination results, and restriction
information. The SDLAs would in turn be required to post this
information to the CDLIS driver record. The Agency also said it would
electronically transmit medical variance information for all CMV
drivers to the SDLAs. If the information transmitted so required, the
SDLAs were required to change the driver's certified status on the
CDLIS driver record and/or begin a downgrade of the CLP/CDL. Motor
carriers, enforcement personnel, and other interested parties would be
permitted to rely on the medical certification information on the CDLIS
driver record and would no longer be permitted to rely on the original
paper MEC as proof of medical certification.
The 2015 final rule also adopted new provisions based on the new
reporting requirement for MEs that would invalidate any existing MEC
held by a CMV driver whenever the driver failed a new physical
qualification examination. If the driver involved was a CLP/CDL holder,
such invalidation would be electronically transmitted from the National
Registry to the SDLAs for the SDLA to change the certified status on
the CDLIS driver record and/or begin a downgrade of the CLP/CDL.
B. Recent Developments
As the compliance date of June 22, 2018, draws nearer, FMCSA has
reluctantly concluded that it will not be able to electronically
transmit MEC information from the National Registry to the SDLAs by
that date. Further, the SDLAs will not be able to electronically
receive the MEC information from the National Registry for posting to
the CDLIS driver record, as intended by the Medical Examiner's
Certification Integration final rule. Although the Agency has initiated
the IT development work to enhance the National Registry to enable the
Agency to electronically transmit MEC information and medical variances
to the States, along with the programming code the States would need to
implement changes to their IT systems to receive the data, none of this
work will be completed in time to meet the June 22, 2018 compliance
date. Under these circumstances, neither the Agency nor the
stakeholders would be able to rely on the CDLIS driver record as
official proof of medical certification, unless drivers continue to
provide the original paper MEC to the SDLAs, as is being done
presently. All of the functions regarding electronic transmission of
data that were to be implemented on June 22, 2018, are dependent upon
the development and implementation of the IT infrastructure that will
not be available on June 22, 2018. For this reason, FMCSA decided to
extend the compliance date to June 22, 2021, to ensure that the SDLAs
have sufficient time once the final specifications are released to make
the necessary IT programming changes.
V. Discussion of the Interim Final Rule
This interim final rule is effective immediately and establishes,
for most provisions in the 2015 final rule, a new compliance date of
June 22, 2021. The specific provisions impacted by this change are
listed in the Section-by-Section discussion below. This delayed
compliance date means that through June 21, 2021:
Certified MEs must continue issuing MECs to qualified CLP/
CDL applicants/holders;
CLP/CDL applicants/holders must continue ensuring that the
SDLA receives a copy of their MEC;
Motor carriers must continue verifying that drivers were
certified by an ME listed on the National Registry; and
SDLAs must continue processing paper copies of MECs they
receive from CLP/CDL applicants/holders.
It should be noted that the compliance date in today's rule remains
as June 22, 2018, for the requirement for MEs to report results of all
CMV driver 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. In other words, except for the ME reporting requirement,
this
[[Page 28777]]
interim final rule continues the status quo for another 3 years. The
details for these requirements can be found in the preambles of all
three of the prior final rules, or in the current regulatory text in 49
CFR parts 383, 384 and 391.
As noted above, FMCSA is not delaying the requirement for MEs
performing physical examinations of CMV drivers to report results of
all CMV drivers' physical examinations (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, since several MEs already submit such results more
frequently than monthly. Having the MEs begin submitting reports by
midnight (local time) of the next calendar day following the
examination also allows FMCSA to begin electronically transmitting this
important safety data to each State when that State is ready to receive
the information, thereby providing States additional flexibility to
implement the provisions of this rulemaking at their own pace. FMCSA
believes some States may be prepared to receive this data ahead of the
June 22, 2021, date to take advantage of the efficiencies and added
security the new process affords.
When FMCSA is ready to begin electronically transmitting MEC
information from the National Registry, and an SDLA is ready to begin
receiving this information electronically from the National Registry,
FMCSA will work with the SDLA involved on the most appropriate means to
use such electronic transmissions. FMCSA states that, under such
circumstances, electronic transmission of the MEC information may be an
acceptable means for CDL and CLP holders to satisfy the requirement of
providing the MEC to the SDLA. In order to avoid any uncertainty,
provisions are being added to the appropriate regulations stating that,
in case of a conflict between the medical certification information
provided electronically by FMCSA and information on a paper version of
the MEC, the electronic record will be controlling. On the other hand,
the provisions in the regulations governing the handling of these
matters under the current procedures will remain in effect through June
21, 2021, to ensure continued compliance by SDLAs and other affected
stakeholders until the electronic transmission of MEC information is
operational for all SDLAs.
If some SDLAs begin receiving MEC information from FMCSA prior to
June 22, 2021, FMCSA and the SDLAs will make every effort to advise all
stakeholders when such handling begins. MEs listed on the National
Registry, employers and enforcement personnel (both State and Federal)
will need to be made fully aware that some SDLAs may be following
procedures different from the remaining States.
VI. Good Cause Exists
Although the promulgation of a final rule adjusting compliance
dates would ordinarily involve the issuance of a notice of proposed
rulemaking (NPRM) and an opportunity for public comment, the
Administrative Procedure Act does permit their omission for good cause,
when ``notice and public procedure thereon are impracticable,
unnecessary, or contrary to the public interest'' (5 U.S.C. 553(b)(B)).
The necessary IT infrastructure to enable stakeholders to comply with
the regulatory provisions involved will not be available on June 22,
2018. Under these circumstances, and in order to timely clarify the
applicable regulatory requirements, FMCSA finds that there is good
cause to issue this interim final rule. A proposed rule allowing prior
notice and opportunity for comment could not be completed before June
22 and is therefore both impractical and contrary to the public
interest. An opportunity for public comment is provided after
publication of the interim final rule. All comments will be reviewed
and the interim final rule may be amended as a result of those
comments.
In addition, upon a finding of good cause, the Agency may provide
for a final rule to become effective less than 30 days after
publication in the Federal Register (5 U.S.C. 553(d)(3)). Therefore,
for the same reasons as indicated above, the Agency makes this interim
final rule effective immediately upon publication in the Federal
Register.
VII. International Impacts
The FMCSRs, and any exceptions to the FMCSRs, apply only within the
United States (and, in some cases, United States territories). Motor
carriers and drivers are subject to the laws and regulations of the
countries in which they operate, unless an international agreement
states otherwise. Drivers and carriers should be aware of the
regulatory differences among nations.
VIII. Section-by-Section Analysis
A. Parts 383, 384, and 391
In parts 383, 384, and 391, FMCSA makes a few clarifying edits and
changes the date of the rule as stated in the table below.
Table 1--Date Changes
------------------------------------------------------------------------
Existing language
in the CFR that Language added to the
Section that is changed: is removed today: CFR by today's final
rule:
------------------------------------------------------------------------
383.71(h)(1)(i)............... June 22, 2018.... June 22, 2021.
383.71(h)(1)(ii).............. June 22, 2018.... June 22, 2021.
383.71(h)(3)(i)............... June 22, 2018.... June 22, 2021.
383.71(h)(3)(ii).............. June 22, 2018.... June 22, 2021.
383.73(a)(2)(vii)(A).......... June 22, 2018.... June 22, 2021.
383.73(a)(2)(vii)(B).......... June 22, 2018.... June 22, 2021.
383.73(b)(5)(i)............... June 22, 2018.... June 22, 2021.
383.73(b)(5)(ii).............. June 22, 2018.... June 22, 2021.
383.73(o)(1)(i)............... June 22, 2018.... June 22, 2021.
383.73(o)(1)(ii).............. June 22, 2018.... June 22, 2021.
383.73(o)(2)(i)............... June 22, 2018.... June 22, 2021.
383.73(o)(2)(ii).............. June 22, 2018.... June 22, 2021.
383.73(o)(3)(i)............... June 22, 2018.... June 22, 2021.
383.73(o)(3)(ii).............. June 22, 2018.... June 22, 2021.
383.73(o)(4)(i)(A)(1)......... June 22, 2018.... June 22, 2021.
383.73(o)(4)(i)(A)(2)......... June 22, 2018.... June 22, 2021.
383.73(o)(4)(ii)(A)........... June 22, 2018.... June 22, 2021.
383.73(o)(4)(ii)(B)........... June 22, 2018.... June 22, 2021.
[[Page 28778]]
384.301(i).................... June 22, 2018.... June 22, 2021.
391.23(m)(2)(i)(B)(1)......... June 22, 2018.... June 21, 2021.
391.23(m)(2)(i)(C)............ June 22, 2018.... June 21, 2021.
391.23(m)(3)(i)(B)(1)......... June 22, 2018.... June 21, 2021.
391.23(m)(3)(i)(C)............ June 22, 2018.... June 21, 2021.
391.41(a)(2)(i)(A)............ June 22, 2018.... June 21, 2021.
391.41(a)(2)(i)(B)............ June 22, 2018.... June 22, 2021.
391.43(g)(2)(i)............... June 22, 2018.... June 22, 2021.
391.43(g)(2)(ii).............. June 22, 2018.... June 22, 2021.
391.43(g)(3).................. June 22, 2018.... June 22, 2021.
391.45(d)..................... June 22, 2018.... June 22, 2021.
391.51(b)(7)(ii).............. June 22, 2018.... June 21, 2021.
391.51(b)(9)(ii).............. June 22, 2018.... June 21, 2021.
------------------------------------------------------------------------
B. Sections 383.71(h)(4), 383.73(o)(6) and 391.23(m)(4)
Identical new paragraphs are added to Sec. Sec. 383.71(h)(4),
383.73(o)(6), and 391.23(m)(4). The added text states that in the event
of a conflict between the medical certification information provided
electronically by FMCSA and a paper copy of the MEC, the medical
certification information provided electronically by FMCSA shall
control.
C. Section 391.41
In addition to the changes in the compliance dates in Sec. 391.41
noted in the table above, FMCSA adds the phrase ``and through June 21,
2021'' to Sec. 391.41(a)(2)(ii), following the phrase, ``Beginning on
July 8, 2015.'' This provides an ending date for the provision that CLP
holders, while operating a CMV, would be required to carry their MEC,
or a copy, for up to 15 days after the date they were issued. FMCSA
also adds a new paragraph (a)(2)(iv) that states that in the event of a
conflict between the medical certification information provided
electronically by FMCSA and a paper copy of the MEC, the medical
certification information provided electronically by FMCSA shall
control.
IX. Regulatory Analyses
A. Executive Order (E.O.) 12866 (Regulatory Planning and Review), E.O.
13563 (Improving Regulation and Regulatory Review), and DOT Regulatory
Policies and Procedures
FMCSA has determined that this interim final rule is not a
significant regulatory action under section 3(f) of E.O. 12866 (58 FR
51735, Oct. 4, 1993), Regulatory Planning and Review, as supplemented
by E.O. 13563 (76 FR 3821, Jan. 21, 2011), Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of that Order. Accordingly,
the Office of Management and Budget (OMB) has not reviewed it under
that Order. It is also not significant within the meaning of DOT
regulatory policies and procedures (DOT Order 2100.5 dated May 22, 1980
(44 FR 11034, Feb. 26, 1979).
The Medical Examiner's Certification Integration Final Rule,
published April 23, 2015 (80 FR 22790), amended the FMCSRs to establish
a streamlined process for SDLAs to receive CMV driver physical
examination results from the MEs, via the National Registry. The 2015
final rule estimated that the National Registry would be able to
receive and transmit this information on a daily basis by June 22,
2018, and established compliance dates for MEs, motor carriers, FMCSA,
and the States accordingly. This rule, effective today, delays until
June 22, 2021, the compliance date requiring (1) FMCSA to
electronically transmit from the National Registry to the SDLAs driver
identification information, examination results, and restriction
information from examinations performed for holders of CLPs/CDLs
(interstate and intrastate); (2) FMCSA to electronically transmit to
the SDLAs medical variance information for all CMV drivers; (3) SDLAs
to post driver identification, examination results, and restriction
information received electronically from FMCSA; and (4) motor carriers
will no longer need to verify that their drivers holding CLPs or CDLs
were certified by an ME listed on the National Registry. This action is
being taken to ensure that SDLAs have sufficient time to make the
necessary IT programming changes. Although this rule impacts the
responsibilities of MEs, CMV drivers, motor carriers, SDLAs, and FMCSA,
it is not expected to generate any economic costs or benefits.
The 2015 final rule accounted for costs associated with system
development and implementation, and benefits associated with
streamlined processes and reduced paperwork. These costs and benefits
(originally anticipated to be realized on the June 22, 2018, compliance
date) will not be realized on June 22, 2018. Therefore, the baseline
against which to evaluate the impacts of this interim final rule is
that the necessary systems will not be ready on June 22, 2018, and will
instead be ready on June 22, 2021. This rule aligns the compliance date
with the date when the systems will be ready and thus, when the costs
and benefits estimated in the 2015 final rule can be realized. This
rule does not result in additional costs or benefits, nor does it
inhibit the realization of the costs and benefits identified in the
2015 final rule.
B. E.O. 13771 (Reducing Regulation and Controlling Regulatory Costs)
This interim final rule is not an E.O. 13771 regulatory action
because this rule is not significant under E.O. 12866.\4\
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\4\ Executive Office of the President, Office of Management and
Budget. Guidance Implementing Executive Order 13771, Titled
``Reducing Regulation and Controlling Regulatory Costs.'' Memorandum
M-17-21. April 5, 2017.
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C. Regulatory Flexibility Act (Small Entities)
Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 601-612),
FMCSA is not required to complete a regulatory flexibility analysis,
because, as discussed earlier in the Good Cause Exists section, this
action is not subject to notice and comment under section
[[Page 28779]]
553(b) of the Administrative Procedure Act.\5\
---------------------------------------------------------------------------
\5\ 5 U.S.C 553(b).
---------------------------------------------------------------------------
Act.
D. Assistance for Small Entities
In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996, FMCSA wants to assist small entities
in understanding this interim final rule so that they can better
evaluate its effects on themselves and participate in the rulemaking
initiative. If the interim final rule will affect your small business,
organization, or governmental jurisdiction and you have questions
concerning its provisions or options for compliance; please consult the
FMCSA point of contact, Ms. Christine A. Hydock listed in the For
Further Information Contact section of this interim final rule.
Small businesses may send comments on the actions of Federal
employees who enforce or otherwise determine compliance with Federal
regulations to the Small Business Administration's Small Business and
Agriculture Regulatory Enforcement Ombudsman and the Regional Small
Business Regulatory Fairness Boards. The Ombudsman evaluates these
actions annually and rates each agency's responsiveness to small
business. If you wish to comment on actions by employees of FMCSA, call
1-888-REG-FAIR (1-888-734-3247). DOT has a policy regarding the rights
of small entities to regulatory enforcement fairness and an explicit
policy against retaliation for exercising these rights.
E. 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. The Act addresses actions that may result in the
expenditure by a State, local, or tribal government, in the aggregate,
or by the private sector of $156 million (which is the value equivalent
of $100 million in 1995, adjusted for inflation to 2015 levels) or more
in any one year. Though this interim final rule will not result in such
an expenditure, the Agency does discuss the effects of this rule
elsewhere in this preamble.
F. Paperwork Reduction Act
This interim final rule calls for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
G. E.O. 13132 (Federalism)
A rule has implications for Federalism under section 1(a) of
Executive Order 13132 if it has ``substantial direct effects 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.'' FMCSA has determined that this interim
final rule would not have substantial direct costs on or for States,
nor would it limit the policymaking discretion of States. Nothing in
this document preempts any State law or regulation. Therefore, this
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Impact Statement.
H. E.O. 12988 (Civil Justice Reform)
This interim final rule meets applicable standards in sections 3(a)
and 3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize
litigation, eliminates ambiguity, and reduce burden.
I. E.O. 13045 (Protection of Children)
E.O. 13045, Protection of Children from Environmental Health Risks
and Safety Risks (62 FR 19885, Apr. 23, 1997), requires agencies
issuing ``economically significant'' rules, if the regulation also
concerns an environmental health or safety risk that an agency has
reason to believe may disproportionately affect children, to include an
evaluation of the regulation's environmental health and safety effects
on children. The Agency determined this interim final rule is not
economically significant. Therefore, no analysis of the impacts on
children is required. In any event, the Agency does not anticipate that
this regulatory action could in any respect present an environmental or
safety risk that could disproportionately affect children.
J. E.O. 12630 (Taking of Private Property)
FMCSA reviewed this interim final rule in accordance with E.O.
12630, Governmental Actions and Interference with Constitutionally
Protected Property Rights, and has determined it will not effect a
taking of private property or otherwise have taking implications.
K. Privacy
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 (PIA) of a regulation that will
affect the privacy of individuals. This rule does not require the
collection of personally identifiable information (PII). The supporting
PIA, available for review in the docket, gives a full and complete
explanation of FMCSA practices for protecting PII in general and
specifically in relation to this interim final rule.
The Privacy Act (5 U.S.C. 552a) applies only to Federal agencies
and any non-Federal agency which receives records contained in a system
of records from a Federal agency for use in a matching program.
The E-Government Act of 2002, Public Law 107-347, section 208, 116
Stat. 2899, 2921 (Dec. 17, 2002), requires Federal agencies to conduct
a PIA for new or substantially changed technology that collects,
maintains, or disseminates information in an identifiable form. No new
or substantially changed technology would collect, maintain, or
disseminate information because of this rule. As a result, FMCSA has
not conducted a privacy impact assessment.
L. E.O. 12372 (Intergovernmental Review)
The regulations implementing E.O. 12372 regarding intergovernmental
consultation on Federal programs and activities do not apply to this
program.
M. E.O. 13211 (Energy Supply, Distribution, or Use)
FMCSA has analyzed this interim final rule under E.O. 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. The Agency has determined that it is not a
``significant energy action'' under that order because it is not a
``significant regulatory action'' likely to have a significant adverse
effect on the supply, distribution, or use of energy. Therefore, it
does not require a Statement of Energy Effects under E.O. 13211. The
Administrator of the Office of Information and Regulatory Affairs has
not designated it as a significant energy action. Therefore, it does
not require a Statement of Energy Effects under E.O. 13211.
N. E.O. 13783 (Promoting Energy Independence and Economic Growth)
E.O. 13783 directs executive departments and agencies to review
existing regulations that potentially burden the development or use of
domestically produced energy resources, and to appropriately suspend,
revise, or rescind those that unduly burden the development of domestic
energy resources. In accordance with E.O. 13783, DOT prepared and
submitted a report to the Director of OMB that provides specific
[[Page 28780]]
recommendations that, to the extent permitted by law, could alleviate
or eliminate aspects of agency action that burden domestic energy
production. This interim final rule has not been identified by DOT
under E.O. 13783 as potentially alleviating unnecessary burdens on
domestic energy production.
O. E.O. 13175 (Indian Tribal Governments)
This interim final 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.
P. 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 interim final
rule does not use technical standards. Therefore, FMCSA did not
consider the use of voluntary consensus standards.
Q. Environment (NEPA, CAA, Environmental Justice)
FMCSA analyzed this interim final rule for the purpose of the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and
determined this action is categorically excluded from further analysis
and documentation in an environmental assessment or environmental
impact statement under FMCSA Order 5610.1(69 FR 9680, Mar. 1, 2004),
Appendix 2, paragraph (s)(7) and paragraph (t)(2). The Categorical
Exclusion (CE) in paragraph (s)(7) covers requirements for State-issued
commercial license documentation and paragraph (t)(2) addresses
regulations that assure States have the appropriate information systems
and procedures concerning CDL qualifications. The content in this
interim final rule is covered by these CEs and the final action does
not have any effect on the quality of the environment. The CE
determination is available for inspection or copying in the
Regulations.gov website listed under ADDRESSES.
FMCSA also analyzed this rule under section 176(c) of the Clean Air
Act, as amended (CAA) (42 U.S.C. 7401 et seq.), and implementing
regulations promulgated by the Environmental Protection Agency.
Approval of this action is exempt from the CAA's general conformity
requirement since it does not affect direct or indirect emissions of
criteria pollutants.
Under E.O. 12898, each Federal agency must identify and address, as
appropriate, ``disproportionately high and adverse human health or
environmental effects of its programs, policies, and activities on
minority populations and low-income populations'' in the United States,
its possessions, and territories. FMCSA evaluated the environmental
justice effects of this interim final rule in accordance with the E.O.,
and has determined that no environmental justice issue is associated
with this interim final rule, nor is there any collective environmental
impact that would result from its promulgation.
List of Subjects
49 CFR Part 383
Administrative practice and procedure, Alcohol abuse, Drug abuse,
Highway safety, Motor carriers.
49 CFR Part 384
Administrative practice and procedure, Alcohol abuse, Drug abuse,
Highway safety, Motor carriers.
49 CFR Part 391
Alcohol abuse, Drug abuse, Drug testing, Highway safety, Motor
carriers, Reporting and recordkeeping requirements, Safety,
Transportation.
In consideration of the foregoing, FMCSA amends 49 CFR chapter III,
parts 383, 384, and 391 to read as follows:
PART 383--COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND
PENALTIES
0
1. The authority citation for part 383 continues to read as follows:
Authority: 49 U.S.C. 521, 31136, 31301 et seq., and 31502; secs.
214 and 215 of Pub. L. 106-159, 113 Stat. 1748, 1766, 1767; sec.
1012(b) of Pub. L. 107-56, 115 Stat. 272, 297, sec. 4140 of Pub. L.
109-59, 119 Stat. 1144, 1746; sec. 32934 of Pub. L. 112-141, 126
stat. 405, 830; and 49 CFR 1.87.
0
2. Amend Sec. 383.71 by revising paragraphs (h)(1) and (3), and adding
paragraph (h)(4), to read as follows:
Sec. 383.71 Driver application and certification procedures.
* * * * *
(h) * * *
(1) New CLP and CDL applicants. (i) Before June 22, 2021, a new CLP
or CDL applicant who certifies that he/she will operate CMVs in non-
excepted, interstate commerce must provide the State with an original
or copy (as required by the State) of a medical examiner's certificate
prepared by a medical examiner, as defined in 49 CFR 390.5, and the
State will post a medical qualifications status of ``certified'' on the
CDLIS driver record for the driver;
(ii) On or after June 22, 2021, a new CLP or CDL applicant who
certifies that he/she will operate CMVs in non-excepted, interstate
commerce must be medically examined and certified in accordance with 49
CFR 391.43 as medically qualified to operate a CMV by a medical
examiner, as defined in 49 CFR 390.5. Upon receiving an electronic copy
of the medical examiner's certificate from FMCSA, the State will post a
medical qualifications status of ``certified'' on the CDLIS driver
record for the driver;
* * * * *
(3) Maintaining the medical certification status of ``certified.''
(i) Before June 22, 2021, in order to maintain a medical certification
status of ``certified,'' a CLP or CDL holder who certifies that he/she
will operate CMVs in non-excepted, interstate commerce must provide the
State with an original or copy (as required by the State) of each
subsequently issued medical examiner's certificate;
(ii) On or after June 22, 2021, in order to maintain a medical
certification status of ``certified,'' a CLP or CDL holder who
certifies that he/she will operate CMVs in non-excepted, interstate
commerce must continue to be medically examined and certified in
accordance with 49 CFR 391.43 as physically qualified to operate a
commercial motor vehicle by a medical examiner, as defined in 49 CFR
390.5. FMCSA will provide the State with an electronic copy of the
medical examiner's certificate information for all subsequent medical
examinations in which the driver has been deemed qualified.
(4) In the event of a conflict between the medical certification
information provided electronically by FMCSA and a paper copy of the
medical examiner's certificate, the medical certification
[[Page 28781]]
information provided electronically by FMCSA shall control.
0
3. Amend Sec. 383.73 by revising paragraphs (a)(2)(vii), (b)(5),
(o)(1)(i) introductory text, (o)(1)(ii) introductory text, (o)(2),
(o)(3), (o)(4)(i)(A), and (o)(4)(ii), and adding paragraph (o)(6), to
read as follows:
Sec. 383.73 State procedures
(a) * * *
(2) * * *
(vii)(A) Before June 22, 2021, 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, 2021, 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.
(b) * * *
(5)(i) Before June 22, 2021, 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, 2021, 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) Status of CLP or CDL holder. Before June 22, 2021, for each
operator of a commercial motor vehicle required to have a CLP or CDL,
the current licensing State must:
* * * * *
(ii) Status of CLP or CDL holder. On or after June 22, 2021, for
each operator of a commercial motor vehicle required to have a CLP or
CDL, the current licensing State must:
* * * * *
(2) Status update. (i) Before June 22, 2021, the State must, within
10 calendar days of the driver's medical examiner's certificate or
medical variance expiring, the medical variance being rescinded or the
medical examiner's certificate being voided by FMCSA, update the
medical certification status of that driver as ``not certified.''
(ii) On or after June 22, 2021, the State must, within 10 calendar
days of the driver's medical examiner's certificate or medical variance
expiring, the medical examiner's certificate becoming invalid, the
medical variance being rescinded or the medical examiner's certificate
being voided by FMCSA, update the medical certification status of that
driver as ``not certified.''
(3) Variance update. (i) Before June 22, 2021, within 10 calendar
days of receiving information from FMCSA regarding issuance or renewal
of a medical variance for a driver, the State must update the CDLIS
driver record to include the medical variance information provided by
FMCSA.
(ii) On or after June 22, 2021, within 1 business day of
electronically receiving medical variance information from FMCSA
regarding the issuance or renewal of a medical variance for a driver,
the State must update the CDLIS driver record to include the medical
variance information provided by FMCSA.
(4) * * *
(i) * * *
(A)(1) Before June 22, 2021, notify the CLP or CDL holder of his/
her CLP or CDL ``not-certified'' medical certification status and that
the CMV privileges will be removed from the CLP or CDL unless the
driver submits a current medical examiner's certificate and/or medical
variance, or changes his/her self-certification to driving only in
excepted or intrastate commerce (if permitted by the State);
(2) On or after June 22, 2021, notify the CLP or CDL holder of his/
her CLP or CDL ``not-certified'' medical certification status and that
the CMV privileges will be removed from the CLP or CDL unless the
driver has been medically examined and certified in accordance with 49
CFR 391.43 as physically qualified to operate a commercial motor
vehicle by a medical examiner, as defined in 49 CFR 390.5, or the
driver changes his/her self-certification to driving only in excepted
or intrastate commerce (if permitted by the State).
* * * * *
(ii)(A) Before June 22, 2021, if a driver fails to provide the
State with the certification contained in Sec. 383.71(b)(1), or a
current medical examiner's certificate if the driver self-certifies
according to Sec. 383.71(b)(1)(i) that he/she is operating in non-
excepted interstate commerce as required by Sec. 383.71(h), the State
must mark that CDLIS driver record as ``not-certified'' and initiate a
CLP or CDL downgrade following State procedures in accordance with
paragraph (o)(4)(i)(B) of this section.
(B) On or after June 22, 2021, if a driver fails to provide the
State with the certification contained in Sec. 383.71(b)(1), or, if
the driver self-certifies according to Sec. 383.71(b)(1)(i) that he/
she is operating in non-excepted interstate commerce as required by
Sec. 383.71(h) and the information required by paragraph (o)(2)(ii) of
this section is not received and posted, the State must mark that CDLIS
driver record as ``not-certified'' and initiate a CLP or CDL downgrade
following State procedures in accordance with paragraph (o)(4)(i)(B) of
this section.
* * * * *
(6) In the event of a conflict between the medical certification
information provided electronically by FMCSA and a paper copy of the
medical examiner's certificate, the medical certification information
provided electronically by FMCSA shall control.
* * * * *
PART 384--STATE COMPLIANCE WITH COMMERCIAL DRIVER'S LICENSE PROGRAM
0
4. The authority citation for part 384 continues to read as follows:
Authority: 49 U.S.C. 31136, 31301, et seq., and 31502; secs. 103
and 215 of Pub. L. 106-59, 113 Stat. 1753, 1767; sec. 32934 of Pub.
L. 112-141, 126 stat. 405, 830 and 49 CFR 1.87.
0
5. Amend Sec. 384.301 by revising paragraph (i) to read as follows:
Sec. 384.301 Substantial compliance-general requirements.
* * * * *
(i) A State must come into substantial compliance with the
requirements of subpart B of this part and part 383 of this chapter in
effect as of June 22, 2015, as soon as practical, but, unless otherwise
specifically provided in this part, not later than June 22, 2021.
* * * * *
PART 391--QUALIFICATIONS OF DRIVERS AND LONGER COMBINATION VEHICLE
(LCV) DRIVER INSTRUCTORS
0
6. The authority citation for part 391 continues to read as follows:
[[Page 28782]]
Authority: 49 U.S.C. 504, 508, 31133, 31136, 31149, 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; sec. 5524 of Pub. L. 114-94, 129 Stat. 1312, 1560; and 49 CFR
1.87.
0
7. Amend Sec. 391.23 by revising paragraphs (m)(2)(i)(B)(1) and
(m)(2)(i)(C), (m)(3)(i)(B)(1) and (m)(3)(i)(C), and adding paragraph
(m)(4), to read as follows:
Sec. 391.23 Investigation and inquiries.
* * * * *
(m) * * *
(2) * * *
(i) * * *
(B)(1) Beginning on May 21, 2014, and through June 21, 2021, 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. Beginning on January 30, 2015, and through June 21,
2021, 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) * * *
(i) * * *
(B)(1) Through June 21, 2021, 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) Through June 21, 2021, 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)(2)(vii) 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.
* * * * *
(4) In the event of a conflict between the medical certification
information provided electronically by FMCSA and a paper copy of the
medical examiner's certificate, the medical certification information
provided electronically by FMCSA shall control.
0
8. Amend Sec. 391.41 by revising paragraphs (a)(2)(i) and (ii), and
adding paragraph (a)(2)(iv), to read as follows:
Sec. 391.41 Physical qualifications for drivers.
(a) * * *
(2) * * *
(i)(A) Beginning on January 30, 2015 and through June 21, 2021, 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 49 CFR 383.71(h)
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.
(B) On or after June 22, 2021, a driver required to have a
commercial driver's license or a commercial learner's permit under 49
CFR part 383, and who has a current medical examiner's certificate
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).
(ii) Beginning on July 8, 2015, and through June 21, 2021, 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.
* * * * *
(iv) In the event of a conflict between the medical certification
information provided electronically by FMCSA and a paper copy of the
medical examiner's certificate, the medical certification information
provided electronically by FMCSA shall control.
* * * * *
0
9. Amend Sec. 391.43 by revising paragraphs (g)(2) and (3) to read as
follows:
Sec. 391.43 Medical examination; certificate of physical examination.
* * * * *
(g) * * *
(2)(i) Before June 22, 2021, if the medical examiner finds that the
person examined is physically qualified to operate a commercial motor
vehicle in accordance with Sec. 391.41(b), he or she must complete a
certificate in the form prescribed in paragraph (h) of this section and
furnish the original to the person who was examined. The examiner must
provide a copy to a prospective or current employing motor carrier who
requests it.
(ii) On or after June 22, 2021, if the medical examiner identifies
that the person examined will not be operating a commercial motor
vehicle that requires a commercial driver's license or a commercial
learner's permit and finds that the driver is physically qualified to
operate a commercial motor vehicle in accordance with Sec. 391.41(b),
he or she must complete a certificate in the form prescribed in
paragraph (h) of this section and furnish the original to the person
who was examined. The examiner must provide a copy to a prospective or
current employing motor carrier who requests it.
(3) On or after June 22, 2021, if the medical examiner finds that
the person examined is not physically qualified to operate a commercial
motor vehicle in accordance with Sec. 391.41(b), he or she must inform
the person examined that he or she is not physically qualified, and
that this information will be reported to FMCSA. All medical examiner's
certificates previously issued to the person are not valid and no
longer satisfy the requirements of Sec. 391.41(a).
* * * * *
0
10. Amend Sec. 391.45 by revising paragraph (d) to read as follows:
Sec. 391.45 Persons who must be medically examined and certified.
* * * * *
(d) On or after June 22, 2021, any person found by a medical
examiner not to be physically qualified to operate a commercial motor
vehicle under the provisions of paragraph (g)(3) of Sec. 391.43.
0
11. Amend Sec. 391.51 by revising paragraphs (b)(7)(ii) and (b)(9)(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,
[[Page 28783]]
2015, a non-excepted, interstate CDL 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 and through June 21, 2021, 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.
* * * * *
(9) * * *
(ii) Through June 21, 2021, for drivers required to have a CDL, a
note relating to verification of medical examiner listing on the
National Registry of Certified Medical Examiners required by Sec.
391.23(m)(2).
* * * * *
Issued under authority delegated in 49 CFR 1.87 on: June 15,
2018.
Raymond P. Martinez,
Administrator.
[FR Doc. 2018-13314 Filed 6-20-18; 8:45 am]
BILLING CODE 4910-EX-P
