[Federal Register Volume 78, Number 91 (Friday, May 10, 2013)]
[Proposed Rules]
[Pages 27343-27363]
[FR Doc No: 2013-11080]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 383, 384 and 391

[Docket No. FMCSA-2012-0178]
RIN 2126-AB40

Medical Examiner's Certification Integration

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: FMCSA proposes to require certified medical examiners (MEs)
performing physical examinations on drivers of commercial motor
vehicles (CMV) to use a newly developed Medical Examination Report
(MER) Form, MCSA-5875, in place of the current MER Form and to use Form
MCSA-5876 for the medical examiner's certificate (MEC). In addition,
MEs would be required to report results of all completed commercial
drivers' physical examinations (including the results of examinations
where the driver was found not to be qualified) to FMCSA by close of
business on the day of the examination. This would include all CMV
drivers who are required to be medically certified to operate in
interstate commerce, not only those who hold or apply for commercial
learner's permits (CLP) or commercial driver's licenses (CDL).
Reporting of this information would be accomplished, by completing a
CMV Driver Medical Examination Results Form, MCSA-5850, via their
individual password-protected National Registry web account. For
holders of CDLs and CLPs, FMCSA also proposes to electronically
transmit driver identification, examination results, and restriction
information from the National Registry system to the State Driver
Licensing Agencies (SDLAs). This includes those that have been voided
by FMCSA because it finds that an ME has certified a driver who does
not meet the physical certification standards. The Agency would also
transmit medical variance information (exemptions, skills performance
evaluation certificates and grandfathered exemptions) for all CMV
drivers electronically to the SDLAs. Transmission of this information
would allow authorized State and Federal enforcement officials to be
able to view the most current and accurate information regarding the
medical status of the CMV driver, all information on the MEC, and the
medical variance information (as defined above) to include the issued
and expiration dates.

DATES: Comments must be received on or before July 9, 2013.

ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2012-0178 using any of the following methods:
     Federal eRulemaking Portal: http://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., between 9 a.m. and 5 p.m.
E.T., Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.
    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 below for instructions on
submitting comments. Comments received after the comment closing date
will be included in the docket, and we will consider late comments to
the extent practicable. FMCSA may, however, issue a final rule at any
time after the close of the comment period.

FOR FURTHER INFORMATION CONTACT: Elaine Papp, Office of Medical
Programs, Federal Motor Carrier Safety Administration, 1200 New Jersey
Avenue SE., Washington, DC 20590-0001, by telephone at<PHONE_NUMBER>
or via email at<EMAIL_ADDRESS>Office hours are from 9 a.m. to 5
p.m. ET, Monday through Friday, except Federal holidays. If you have
questions on viewing or submitting material to the docket, contact
Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Public Participation and Request for Comments
    A. Submitting Comments
    B. Viewing Comments and Documents
    C. Privacy Act
II. Executive Summary
    A. Purpose and Summary of the Major Provisions
    B. Benefits and Costs
III. Abbreviations
IV. Legal Basis for the Rulemaking
    A. Authority Over Drivers Affected
    B. Authority to Regulate State CDL Programs
    C. Authority to Require Reporting by MEs
V. Background
    A. Medical Certification Requirements as Part of the CDL
    B. National Registry of Certified MEs
    C. MER
VI. Discussion of Proposed Rule
    A. Overview
    B. Medical Examination Procedures
    C. SDLAs
    D. Drivers
    E. MEs
    F. Motor Carriers
    G. Implementation Date
VII. Section-by-Section
    A. Proposed Changes to Part 383
    B. Proposed Changes to Part 384
    C. Proposed Changes to Part 391
VIII. Regulatory Analyses
    A. E.O. 12866 (Regulatory Planning and Review and DOT Regulatory
Policies and Procedures as Supplemented by E.O. 13563)
    B. Regulatory Flexibility Act
    C. Assistance for Small Entities
    D. Unfunded Mandates Reform Act of 1995
    E. E.O. 13132 (Federalism)
    F. E.O. 12988 (Civil Justice Reform)
    G. E.O. 13045 (Protection of Children)
    H. E.O. 12630 (Taking of Private Property)
    I. Privacy Impact Assessment
    J. E.O. 12372 (Intergovernmental Review)
    K. Paperwork Reduction Act
    L. National Environmental Policy Act and Clean Air Act
    M. E.O. 13211 (Energy Supply, Distribution, or Use)
    N. E.O. 13175 (Indian Tribal Governments)
    O. National Technology Transfer and Advancement Act (Technical
Standards)

I. Public Participation and Request for Comments

    FMCSA encourages you to participate in this rulemaking by
submitting comments and related materials. All comments received will
be posted without change to http://www.regulations.gov and will include
any personal information you provide.

A. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (FMCSA-2012-0178), 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 FMCSA can contact you if
there are questions regarding your submission. To submit your comment
online, go to http://www.regulations.gov and click on the ``Submit a
Comment'' box, which will then become highlighted in blue. In the
``Document Type'' drop-down menu, select ``Proposed Rules,'' insert
``FMCSA 2011-0178'' in the ``Keyword'' box, and click ``Search.'' When
the new screen appears, click on ``Submit a Comment'' in the
``Actions'' column. 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 your
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 comment
period and may change the proposed rule based on your comments.

B. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble,
available in the docket, go to http://www.regulations.gov and click on
the ``Read Comments'' box in the upper right-hand side of the screen.
Then in the ``Keyword'' box, insert ``FMCSA-2012-0178'' and click
``Search.'' Next, click the ``Open Docket Folder'' in the ``Actions''
column. Finally, in the ``Title'' column, click on the document you
would like 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 Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal
holidays.

C. Privacy Act

    Anyone may search the electronic form of all comments received into
any of our dockets by the name of the individual submitting the comment
(or of the person signing the comment, if submitted on behalf of an
association, business, labor union, etc.). You may review DOT's Privacy
Act Statement for the Federal Docket Management System published in the
Federal Register on January 17, 2008 (73 FR 3316), or you may visit
http://www.gpo.gov/fdsys/pkg/FR-2008-01-17/pdf/E8-785.pdf.

II. Executive Summary

A. Purpose and Summary of the Major Provisions

    FMCSA proposes to require certified MEs performing physical
examinations on drivers of CMV to use a newly developed Medical
Examination Report (MER) Form, MCSA-5875, in place of the current MER
Form and to use the prescribed Form MCSA-5876 for the MEC. In addition,
MEs would be required to report results of all completed commercial
drivers' physical examinations (including the results of examinations
where the driver was found not to be qualified) to FMCSA by close of
business on the day of the examination. This would include all CMV
drivers who are required to be medically certified to operate in
interstate commerce, not only those who hold or apply for CLP or CDL.
Reporting of this information would be accomplished, by completing a
CMV Driver Medical Examination Results Form, MCSA-5850, via their
individual password-protected National Registry web account. For
holders of CDLs and CLPs, FMCSA also proposes to electronically
transmit driver identification, examination results, and restriction
information from the National Registry system to the SDLAs. This
includes those that have been voided by FMCSA because it finds that an
ME has certified a driver who does not meet the physical certification
standards. The Agency would also transmit medical variance information
(exemptions, skills performance evaluation certificates and
grandfathered exemptions) for all CMV drivers electronically to the
SDLAs. Transmission of this information would allow authorized State
and Federal enforcement officials to be able to view the most current
and accurate information regarding the medical status of the CMV
driver, all information on the MEC, and the medical variance
information (as defined above) to include the issued and expiration
dates.

B. Benefits and Costs

    The estimated economic costs of this proposed rule would not exceed
the $100 million annual threshold, to be determined ``economically
significant.'' The only additional cost imposed by the NPRM, would
result from the ME entering the CMV Driver Medical Examination Results
(MCSA-5850) data more frequently into the National Registry system.
This cost is considered minimal in the amount of $455,994, as detailed
in the Medical Qualifications Requirements Supporting Statement (OMB
control number 2126-0006).
    The potential estimated benefits are detailed in the table below.
The revised OMB control numbers 2126-0006 and 2126-0011 Supporting
Statements detail all revisions associated with the reduced annual
paperwork burden hours.

                     Summary of Quantified Benefits
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                                                                 Million
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Removal of the requirement for employers to verify the MEs         $4.22
 National Registry number for CDL drivers......................
MEC and variance info sent electronically to SDLAs.............     2.17
SDLAs not recording MEC information............................     3.69
                                                                --------
    Total......................................................     10.1
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    The qualitative safety benefits of this rule are difficult to fully
quantify. However, the Agency believes that the fraud prevention in
electronic transmission of the MEC and variance information will
continue to improve safety on public roads. In addition, physical
qualification standards described in 49 CFR 391.41(b) will be more
accurately determined for CMV drivers. The new MER Form, MCSA-5875,
eliminates the advisory criteria (guidance) contained in the current
MER Form that has been sometimes misinterpreted when applying the
regulatory standards. Thus, MEs can make more accurate decisions
regarding the physical qualification of CMV drivers.

III. Abbreviations

APN Advanced Practice Nurses
BLS Bureau of Labor Statistics
CAA Clean Air Act
CE Categorical Exclusion
CDL Commercial Driver's License
CDLIS Commercial Driver's License Information System
CLP Commercial Leaner's Permit
CMV Commercial Motor Vehicle
DC Doctors of Chiropractic
DO Doctor of Osteopathy
DOT U.S. Department of Transportation
DQ Driver Qualification
E-MAIL Electronic Mail
FHWA Federal Highway Administration
FMCSA Federal Motor Carrier Safety Administration
FMCSRs Federal Motor Carrier Safety Regulations
IC Information Collection
ICC Interstate Commerce Commission
IRFA Initial Regulatory Flexibility Analysis
MAP-21 Moving Ahead for Progress in the 21st Century Act
MD Medical Doctor
ME Certified Medical Examiner
MEC Medical Examiner's Certificate

MER Medical Examiner Report
MCSIA Motor Carrier Safety Improvement Act
MVR Motor Vehicle Record
NLETS National Law Enforcement Telecommunication System
NPRM Notice of Proposed Rulemaking
NRCME National Registry of Certified Medical Examiners
NTSB National Transportation Safety Board
OMB Office of Management and Budget
PA Physician Assistant
PIA Privacy Impact Assessment
PII Personally Identifiable Information
PRA Paper Reduction Act
RFA Regulatory Flexibility Act
SAFETEA-LU Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users
SDLA State Driver's Licensing Agencies
SPE Skill Performance Evaluation

IV. Legal Basis for the Rulemaking

    The purpose of the principal requirements proposed in this NPRM is
to modify the requirements adopted in two earlier final rules issued by
FMCSA 73 FR 73096 (Dec. 1, 2008) and 77 FR 24104 (April 20, 2012) so
that the information from the MEC transmitted to FMCSA, by close of
business on the day of the examination by MEs for drivers required to
have a CDL, would then be promptly and accurately transmitted to the
SDLAs electronically for entry into the appropriate CDL driver record
within one business day of receipt from FMCSA. In view of this purpose,
the legal bases of the two previous final rules also serve as the legal
basis for this proposed rule. The primary legal basis for the 2008
final rule, Medical Certification Requirements as Part of the
Commercial Driver's License, is section 215 of Motor Carrier Safety
Improvement Act (MCSIA) [Pub. L. 106-159, 113 Stat. 1767 (Dec. 9,
1999)] (set out as a note to 49 U.S.C. 31305). The primary legal basis
for the 2012 final rule, National Registry of Certified Medical
Examiners, is 49 U.S.C. 31149, enacted by section 4116(a) of Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
for Users, Public Law 109-59, 119 Stat. 1726 (Aug. 10, 2005) (SAFETEA-
LU). Brief summaries of the relevant legal bases for the proposed
requirements in this NPRM are set out below. More detailed discussions
of the legal basis for each of the previous final rules published in
2008 and 2012 may be found in their preambles, at 73 FR 73096-73097 and
77 FR 24105-24106, respectively.

A. Authority Over Drivers Affected

1. Drivers Required to Obtain a 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 industry exceptions,\1\ FMCSA has
fulfilled the statutory mandate of 49 U.S.C. 31136(a)(3) by
establishing physical qualification standards for all drivers covered
by these provisions. [49 CFR 391.11(b)(4)]. Such drivers must obtain
from a ME a certification indicating that the driver is physically
qualified to drive a CMV. [49 CFR 391.41(a), 391.43(g) and (h)]. Sec.
32911 of the Moving Ahead for Progress in the 21st Century Act (MAP-21)
(Pub. L. 112-141, 126 Stat. 405, July 6, 2012) recently added an
additional requirement to ensure that ``an operator of a CMV is not
coerced by a motor carrier, shipper, receiver, or transportation
intermediary to operate a CMV in violation of a regulation promulgated
under this section, or chapter 51 or chapter 313 of this title'' [49
U.S.C. 31136(a)(5)]. See the discussion in the Proposed Rule Section
below. FMCSA is also required to consider, to the extent practicable
and consistent with the purposes of the statute, costs and benefits of
the rule. 49 U.S.C. 31136(c)(2)(A).
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    \1\ See 49 CFR 390.3(f) and 391.2.
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2. Drivers Required to Obtain a CDL
    The authority for FMCSA to require an operator of a CMV to obtain a
CDL rests on the authority found in 49 U.S.C. 31302.

B. Authority to Regulate State CDL Programs

    FMCSA, in accordance with 49 U.S.C. 31311 and 31314, has authority
to prescribe procedures and requirements for the States to observe in
order to issue CDLs. [see, generally, 49 CFR Part 384]. In particular,
under section 31314, in order to avoid loss of funds apportioned from
the highway trust fund, each State shall comply with the following
requirement:

    (1) The State shall adopt and carry out a program for testing
and ensuring the fitness of individuals to operate commercial motor
vehicles consistent with the minimum standards prescribed by [FMCSA]
under section 31305(a) of [Title 49 U.S.C.].

49 U.S.C. 31311(a)(1). 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 record and retain the
results of the physical examinations of CMV drivers and to require
frequent reporting of the information contained on all of the MECs they
issue. Section 31133(a)(8) gives the Agency broad administrative powers
(specifically ``to prescribe recordkeeping and reporting
requirements'') to assist in ensuring motor carrier safety. [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 Sec.
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.''
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    \2\ The provisions of Sec.  31149(c)(1)(E) have been amended by
Sec.  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)].

V. Background

    As stated in the Legal Basis section, this NPRM is a follow-on rule
to both the National Registry of Certified Medical Examiners (NRCME)
published on April 20, 2012 (77 FR 2410) and the Medical Certification
Requirements as Part of the CDL rule (Med-Cert rule) published on
December 1, 2008 (73 FR 73096). It would also be the third rule of an
initiative to improve the driver qualification and medical examiner's
certificate process. A summary of the major relevant provisions of
those two final rules, outlined in V A and V B, provides the background
for the proposed rulemaking. In addition, the Agency is also proposing
substantial revisions to the MER Form and related regulatory
provisions. A summary of the development of that report is also set
forth below in V C.

A. Medical Certification Requirements as Part of the CDL

    FMCSA's 2008 final rule, Medical Certification Requirements as Part
of the Commercial Driver's License [73 FR 73096 (Dec. 1, 2008)] adopted
a number of regulatory provisions designed to incorporate information
from the MEC into the Commercial Driver's License Information System
(CDLIS).

Subsequent actions of the Agency modified some of the provisions
adopted in the 2008 final rule [see Medical Certification Requirements
as Part of the Commercial Driver's License (CDL); Technical,
Organizational, and Conforming Amendments, 75 FR 28499 (May 21, 2010)
and Medical Certification Requirements as Part of the Commercial
Driver's License (CDL), Extension of Certificate Retention
Requirements, 76 FR 70661 (Nov. 15, 2011)]. Most of the requirements
established by these actions took effect on January 30, 2012. But some
requirements affecting CDL drivers and their employers will not take
effect until January 30, 2014.
    In addition, FMCSA established new uniform requirements for CLPs in
the final rule published May 9, 2011, Commercial Driver's License
Testing and Commercial Learner's Permit Standards [76 FR 26854]. As a
result, the medical certification requirements of the 2008 final rule
will apply to applicants and holders of CLPs beginning on July 8, 2014.
As modified by these actions, the essential elements of these CDL and
CLP medical certification provisions for each of the affected groups
are summarized below:
1. SDLAs
    The Medical Certification Requirements as Part of the Commercial
Driver's License Rule requires the States to modify their CDL
procedures to: (1) Record a CDL or CLP driver's self-certification
regarding type of driving (e.g., interstate (non-excepted or excepted)
and intrastate (non-excepted or excepted) on the CDLIS driver record);
(2) require submission of the original or copy of the MECs from drivers
operating in non-excepted, interstate commerce who are required by 49
CFR Part 391 to be medically certified; (3) retain the certificate or a
copy for 3 years from the date of issuance; (4) post the required
information from the certificate or a copy onto the CDLIS driver record
within 10 calendar days; (5) update the medical certification status of
the CDLIS driver record to show the driver as ``not-certified'' if the
certification expires; and (6) downgrade the CDL or CLP within 60 days
of the expiration of the driver's MEC. There are also requirements for
posting certain information about any medical variances (as defined in
the SUMMARY section) issued to the driver on the CDLIS driver record.
    If the driver certifies that he or she expects to drive in
interstate commerce and is not driving exclusively for one of the
industries excepted from the requirements of 49 CFR part 391, the
Medical Certification Requirements as Part of the Commercial Driver's
License Rule requires the State to post within 10 calendar days on the
CDLIS driver record the following information from that driver's MEC:
(1) ME's name; (2) ME's license or certificate number and the State
that issued it; (3) expiration date of the MEC; (4) ME's telephone
number; (5) date of physical examination/issuance of the MEC to the
driver; (6) National Registry identification number for the ME; (7)
medical certification status determination (i.e., ``certified'' or
``not certified''); (8) existence of any medical variance (as defined
in the SUMMARY section) on the medical certificate (9) any driver
restrictions; and (10) the date the information is entered on the CDLIS
driver record.
    In addition to the recordkeeping functions, the SDLA must make the
driver's medical certification status information electronically
accessible to authorized State and Federal enforcement officials via
CDLIS and the National Law Enforcement Telecommunication System
(NLETS), and to drivers and employers via CDLIS motor vehicle records
(MVRs). Based on the Medical Certification Requirements as Part of the
Commercial Driver's License Rule, authorized State and Federal
enforcement officials will be able to view the most current and
accurate information regarding the medical status of the CMV driver,
all information on the MEC, and the medical variance information (as
defined above) to include the issued and expiration dates.
2. Motor Carriers and Employers
    Motor carriers who employ a CDL driver to operate in non-excepted,
interstate commerce must place the driver's current CDLIS MVR
documenting the driver's medical certification status in the driver's
qualification (DQ) file before allowing the driver to operate a CMV.
The MEC that the driver provided to the SDLA may be used for this
purpose for up to 15 days from the date the certificate was issued by
the ME. The motor carrier must obtain the CDLIS MVR to verify: (1) The
driver's self-certification to operate in non-excepted, interstate
commerce; (2) that a non-excepted, interstate driver has a medical
certification status of ``certified;'' and, if applicable (3)
documentation that the driver was issued a medical variance (as defined
in the SUMMARY section) by FMCSA. After the 15th day, the carrier must
have obtained a copy of the CDLIS MVR as documentation that the driver
is medically ``certified'' and retain the MVR in the DQ file. This
record must be checked annually.
3. Drivers
    All interstate CDL holders subject to the physical qualifications
standards of 49 CFR part 391 must meet the following requirements:
     Beginning January 30, 2012, all drivers applying for an
initial, renewal, upgrade or transfer of a CDL must provide the MEC to
the SDLA, and update that information whenever a new certificate is
issued.
     Beginning January 30, 2012 but not later than January 30,
2014, all existing CDL holders who do not have a renewal, upgrade or
transfer issuance must still provide the MEC to the SDLA. Thereafter,
they must update that information with the SDLA whenever a new
certificate is issued.
     Beginning on January 30, 2014, these drivers will no
longer have to use the MEC as proof of his or her certification to
enforcement personnel or employers, except for the first 15 days after
issuance,
     Beginning on January 30, 2014, these drivers will no
longer be allowed to carry the actual MEC after the first 15 days after
issuance, but must continue to carry any SPE certificate or medical
exemption document while on duty.
     Beginning on July 8, 2014, the above requirements will
also apply to CLP holders.
    Non-CDL holders, subject to the physical qualifications standards
of 49 CFR Part 391 will continue to be required to carry the original
or a copy of the MEC and any SPE certificate or medical exemption
document while on duty.

B. National Registry of Certified MEs

    In 2012, FMCSA issued a final rule establishing the National
Registry of Certified Medical Examiners (NRCME) [77 FR 24104 (Apr. 20,
2012]. This rule established training and testing requirements for
medical professionals who conduct the medical certification
examinations of interstate CMV drivers. Current regulations require all
interstate commercial drivers (with certain limited exceptions) to be
medically examined by an ME (as defined in 49 CFR. 390.5) to determine
if these drivers meet FMCSA's physical qualification requirements. The
MEs who conduct such physical examinations must retain copies of the
MER Forms of all drivers they examine and certify. The MER Form lists
the specific results of the various medical tests and assessments used
to determine if a driver meets the physical qualification standards set

forth in subpart E of part 391 of the FMCSRs.
    The NRCME rule established the National Registry to ensure that all
MEs who conduct driver medical examinations have been trained on FMCSA
physical qualifications standards and guidelines. In order to be listed
on the National Registry, MEs are required to participate in a training
program from an accredited provider and pass a certification test to
assess their knowledge of the Agency's physical qualifications
standards and guidelines and how to apply them to commercial drivers.
Upon passing this certification test, and meeting the other
administrative requirements associated with the program, MEs will be
listed on the National Registry. Once the full compliance date of May
21, 2014 is reached, the Agency will only consider MECs issued to
commercial drivers by MEs on the National Registry as valid proof of
medical certification. The National Registry final rule also addressed
several of the recommendations from National Transportation Safety
Board (NTSB) for FMCSA to consider in order to improve the performance
of MEs and to ensure that CMV drivers meet the physical qualification
standards of the FMCSRs.\3\
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    \3\ See NTSB Safety Recommendations H-01-17 through H-01-25,
http://www.ntsb.gov/doclib/recletters/2001/H01_17_25.pdf
(retrieved Feb. 21, 2012).
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    One of the administrative requirements for being listed on the
National Registry is for the ME to submit a CMV Driver Medical
Examination Results Form, MCSA-5850, to FMCSA for every physical
examination conducted on both CDL and non-CDL drivers. Beginning on May
21, 2014, the NRCME rule will require MEs to submit this information
monthly. The CMV Driver Medical Examination Results Form, MCSA-5850,
will include almost all of the information on the MEC. The information
not included on the form includes the ME's name, address, healthcare
profession, state licensing number, state issued by identifier,
national registry number and the date the MEC was signed. The
information listed is not on the form because it is captured by the
National Registry system upon the ME signing in via their individual
password-protected National Registry web account. The information from
the CMV Driver Medical Examination Results Form, MCSA-5850, and the
information captured by the National Registry system upon the ME
signing in via their individual password-protected National Registry
web account will be combined and forwarded from the National Registry
system to the SDLAs to account for all of the information on the MEC.

C. MER

    The current version of the MER Form, and the instructions and
requirements for its use, have evolved over a number of years. The form
and the instructions are presently found in the FMCSRs at 49 CFR
391.43(f). Between 1940 and 1952, the regulations adopted by one of
FMCSA's predecessor agencies, the Interstate Commerce Commission (ICC),
included a ``Standard Physical Examination Form'' and accompanying
instructions for use by doctors of medicine (the only medical
practitioners then allowed to perform such examinations), but its use
was recommended and not compulsory [former 49 CFR 191.4 (1951 ed.)]. In
1952, the ICC revised the form and the instructions, and revised the
regulations to require that the MEC ``be based on a physical
examination made and recorded generally in accordance with the
following instructions and examination form'' The MER Form and
instructions were largely unchanged [Qualifications of Employees and
Safety of Operations, 54 M.C.C. 337 (1952) and former 49 CFR 191.11
(1952 ed.), 17 FR 4423, 4425-26 (May 15, 1952)].
    The regulations issued by the ICC regarding motor carrier safety
were adopted by DOT after the transfer of responsibility from the ICC,
by Public Law 89-670, 80 Stat. 931 (Oct. 15, 1966), and were renumbered
twice without substantive change [32 FR 17941 (Dec. 15, 1967) and 33 FR
19729-32 (Dec. 25, 1968)]. In 1970, the Federal Highway Administration
(FHWA), made the first significant revisions in both the examination
form and the instructions, which were then, as now, included in 49 CFR.
391.43 [Qualifications of Drivers, 35 FR 6458 (Apr. 22, 1970)]. Over
the next 30 years, a number of changes were made, largely as conforming
changes to reflect revisions in the physical qualification standards or
the rules for controlled substance testing.
    In 2000, FMCSA issued a final rule adopting both significant
revisions to the instructions and a completely revised MER Form, both
of which were substantially in the form in which they appear today in
49 CFR 391.43(f). The purpose of the revisions was to organize the form
to: ``(1) gain simplicity and efficiency; (2) reflect current medical
terminology and examination components; and (3) be a self-contained
document (i.e., the form will, to the extent possible, include all
relevant information necessary to conduct the physical examination and
certification).'' [Physical Qualification of Drivers; Medical
Examination; Certificate, 65 FR 59363 (Oct. 5, 2000)]. The report was
expanded to include a recitation of the physical qualification
standards and to provide space to allow recording of laboratory and
test data. The MER Form also included a number of advisory criteria
providing guidelines from the Agency to assist MEs assess a driver's
physical qualifications. FMCSA noted that ``These guidelines are
strictly advisory and were established after consultation with
physicians, States and industry representatives.'' (65 FR 59364). Since
the 2000 revision, the MER Form and the instructions have been revised
to reflect changes in the standards or advisory guidelines relating to
hypertension and use of Schedule I drugs [Motor Carrier Safety
Regulations; Miscellaneous Technical Amendments, 68 FR 56199 (Sep. 30,
2003) and Harmonizing Schedule I Drug Requirements, 77 FR 4479 (Jan.
30, 2012) and 77 FR 10391 (Feb. 22, 2012)].

VI. Discussion of Proposed Rule

    This NPRM is a follow-on rule to both the National Registry of
Certified Medical Examiners published on April 20, 2012 (77 FR 2410)
and the Medical Certification Requirements as Part of the CDL rule
(Med-Cert rule) published on December 1, 2008 (73 FR 73096). It would
also be the third component of an initiative to improve the driver
qualification and medical examiner's certificate process.

A. Overview

    FMCSA proposes that MEs be required to report the results of all
completed commercial drivers' physical examinations to FMCSA by close
of business on the day the examination is conducted, by completing a
CMV Driver Medical Examination Results Form, MCSA-5850, via their
individual password-protected National Registry web account. The report
would include the results of examinations where the driver was found to
be qualified, not qualified and where the ME would indicate that the
determination was pending. When the driver was determined to be not
qualified, all previous certificates issued to the driver would be
deemed invalid. FMCSA would then transmit all of the information from
the MEC electronically from the National Registry system to the SDLAs
for CLP and CDL holders only. FMCSA anticipates delivering the
information to the SDLA the next business day after receipt. It also
proposes to transmit to the SDLAs

information about MECs for CDL and CLP drivers that have been
invalidated because a subsequent examination has found that the driver
is not physically qualified. The SDLAs would then record the driver's
status on the CDLIS driver record as ``not certified'' and begin the
process of downgrading the CDL in accordance with existing procedures.
In addition, the Agency would transmit medical variance information (as
defined in the SUMMARY section) for all interstate CMV drivers
electronically to the SDLAs.
    For interstate CMV drivers required to have CDLs or CLPs (after
July 8, 2014), FMCSA would then be able to promptly transmit to the
SDLAs the drivers' MEC information for entry on the State-managed CDL
driver records. For physically qualified non-CDL drivers, the ME will
continue to issue a paper MEC, Form MCSA-5876. The ME has the option to
either fill in the MEC by hand or to generate an electronically
populated copy if the examination information is submitted to the
National Registry system at the time of the examination.
    FMCSA proposes that the MEs allow and encourage all drivers to
review their information on the CMV Driver Medical Examination Results
Form, MCSA-5850. This review would reduce data entry errors that will
be transmitted to the National Registry and then to the States
potentially hindering delivery of the medical certification information
to the intended CDLIS driver record.
    The medical variance information would originate with FMCSA. A
medical variance (as defined in the SUMMARY section) is issued by FMCSA
to a driver who would otherwise not meet the physical qualification
standards in 49 CFR 391.41(b). See proposed 49 CFR
383.73(o)(1)(i)(B)(8), and (o)(2) and (3). FMCSA would transmit this
medical variance information for all CMV (both CDL and non-CDL) drivers
electronically to the appropriate SDLAs whenever FMCSA issues, renews,
or rescinds a medical variance. FMCSA proposes to require the SDLAs to
update CDLIS driver records each business day with medical variance
information (as defined in the SUMMARY section) transmitted from FMCSA
for CLP and CDL drivers. This will allow the most current information
about the medical status of CDL drivers to be made available promptly
and accurately.
    FMCSA will also forward information to the SDLAs when FMCSA voids a
MEC issued to a driver required to have a CDL or CLP. Under the
authority granted by 49 U.S.C. 31149(c)(2), FMCSA may void a MEC issued
to a CMV driver if it finds either that an ME has issued a certificate
to a driver ``who fails to meet the applicable standards at the time of
the examination'' or ``that a medical examiner has falsely claimed to
have completed training in physical and medical examination
standards.'' Some examples of circumstances in which the driver does
not meet the applicable standards that might trigger such action by the
Agency could include, but would not be limited to, when a driver has
falsified or omitted disclosing potentially disqualifying medical
information to the ME at the time of the examination or when a ME has
not applied correctly the physical qualification standards in deciding
that the driver was physically qualified. The Agency is developing
internal processes for evaluating the validity of certificates in the
wide variety of possible situations where such review appears to be
appropriate under the statutory standard. This will include review of
the data submitted by MEs to the National Registry system, as well as
complaints, field investigations, crash reports and other sources.
    Before voiding the MEC, FMCSA will provide the affected driver a
notice of the proposed action and an opportunity either to obtain a new
MEC, if appropriate, or to provide the Agency with any legal or factual
reasons why the action should not be taken. If the decision is made to
void the driver's certificate, FMCSA would notify the driver. If the
driver holds a CDL or CLP, notification would be transmitted by FMCSA
to the driver's SDLA through the National Registry, and the SDLA would
change the CDL or CLP driver's medical status to ``not certified'' and
notify the driver of the action taken.

B. Medical Examination Procedures

    FMCSA proposes to remove the Instructions for Performing and
Recording Physical Examinations from 49 CFR 391.43(f), because FMCSA
recognizes that MEs, who have been licensed, certified, or registered
in accordance with applicable State laws and regulations to perform
physical examinations thereby possess the knowledge, skills, and
abilities to perform physical examinations, and do not need general
instructions in performing and recording physical examinations. New
versions of the Instructions for Performing and Recording Physical
Examinations will be published in FMCSA guidance documents.
    FMCSA also proposes to require MEs to begin using a newly developed
MER Form, MCSA-5875, in place of the current MER Form. This form was
developed by FMCSA in consultation with health care practitioners that
are familiar with performing driver medical examinations. The use of
the proposed form would be required, and is being submitted for the
necessary approvals under the Paperwork Reduction Act, 44 U.S.C. 3501-
21. The proposed MER Form, MCSA-5875, would make the information
collected on driver health history more comprehensive, streamline the
format, strengthen the efficiency of frequently used clinical processes
and tools for performing driver physical examinations, expand the ME
determination section, add a statement for the ME signature, add a
National Registry Number, and add a section for amending the ME
determination.
    The revised MER Form, MCSA-5875, would no longer include
information about the driver's role, a listing of physical
qualification standards for drivers, detailed instructions for
performing the examination, and the medical advisory criteria.
Information about the driver's role, detailed guidance about performing
the examination, and the medical advisory criteria would be published
in FMCSA guidance documents. The physical qualification standards are
published in the FMCSRs. Both will be covered in training required for
an ME to be listed on the National Registry.
    The MER Form, MCSA-5875, would expand the ME determination section
by eliminating the ``Temporarily Disqualified'' option and adding a
``Pending Determination'' option to defer a decision temporarily for up
to 45 days, if the ME requires additional information to make a
determination of whether or not the driver was qualified. The form
would also add a place for an ME to amend the certification decision if
the driver did not require a completely new examination. FMCSA would
consider any CMV Driver Medical Examination Results Form, MCSA-5850,
displaying a ``Pending Determination'' status as an incomplete
examination. This information will be submitted and stored only in the
National Registry system. If the disposition of the pending examination
is not updated by the ME before the 45 day expiration date, FMCSA would
notify the ME and the driver in writing that the examination is no
longer valid and that the driver is required to be re-examined. FMCSA
will retain the invalidated examination information in the National
Registry System.

C. SDLAs

    SDLAs would no longer require CLP and CDL holders and applicants to
provide their MECs or accept medical

variance documents (as defined in the SUMMARY section) from CLP and CDL
drivers required to have a medical variance. The SDLA would receive
information about CDL and CLP drivers determined to be physically
qualified electronically from FMCSA, as well as information about
drivers whose MECs have been invalidated because the driver has been
determined to be not physically qualified as a result of a subsequent
examination. The SDLAs would be required to update CLP and CDL driver
records with medical certification information within one business day
of receipt from FMCSA. In addition, the SDLAs would be required to
update driver medical variance information (for CDL and CLP drivers)
within one business day of receipt from FMCSA.

D. Drivers

    Drivers who are required to have a CDL or a CLP would no longer be
required to provide either their MECs or any medical variance documents
(as defined in the SUMMARY section) to the SDLA. FMCSA would provide
that information to the SDLA electronically. CDL or CLP drivers would
no longer be required to carry a valid MEC while operating a CMV, even
during the first 15 days after it is issued because the MEC information
would be electronically transmitted from the ME to the National
Registry system by close of business on the day of the examination.
FMCSA would then promptly transmit the information from the National
Registry system to the SDLAs electronically for entry into the
appropriate CDL driver record. The MEC information would be posted to
the driver's record, by the SDLA, within one business day of receiving
the information from FMCSA. The electronic record of the driver's
medical certification would be the only valid evidence that the driver
was physically qualified. Non-CDL drivers will continue to be required
to carry the original, or a copy, of the MEC. All CMV drivers would
however be required to carry any relevant medical variance documents
(as defined in the SUMMARY section).
    FMCSA does not believe this proposed rule would result in any
operator of a CMV being coerced to violate any other safety
regulations, because the proposed rule is entirely designed to enhance
compliance with the physical qualification requirements applicable to
all CMV drivers. Indeed, by providing MEC information and medical
variance information (as defined in the SUMMARY section) directly to
the SDLAs, FMCSA will eliminate the opportunity for drivers to provide
fraudulent documents to their SDLAs and the opportunity for motor
carriers, shippers, receivers, or transportation intermediaries to
coerce them to do so. In addition, CDL MEC information will be
transmitted to the SDLAs only for drivers certified by an ME listed on
the National Registry, thereby eliminating the possibility of motor
carriers coercing drivers to operate without a valid MEC.

E. MEs

    MEs would complete the new MER Form, MCSA 5875, when performing
driver physical examinations, based on FMCSA regulations and advisory
criteria published by FMCSA. They would be required to report results
of all driver physical examinations, including those who failed to meet
the FMCSA physical qualification standards and those who are pending
further evaluation before the physical qualification determination is
made, to FMCSA by close of business the same day by completing a CMV
Driver Medical Examination Results Form, MCSA-5850, via their
individual password-protected National Registry web account. MEs would
allow and encourage all drivers to review their information on the CMV
Driver Medical Examination Results Form, MCSA-5850 to ensure the
driver's personal information (name, address, driver's license number,
etc.) are correct. The prompt and complete reporting to FMCSA by the
MEs of the medical certification information will enable this
information (for CMV drivers required to have a CDL or CLP) to be
transmitted expeditiously to the SDLAs for posting on the CDLIS driver
record for the driver involved. This will ensure that complete, up-to-
date and accurate information about the medical certification status of
such drivers is available to State and federal enforcement personnel,
SDLAs, employers, drivers and others who rely on this information to
ascertain whether a driver is in compliance with the applicable
physical qualification standards and is able to operate a CMV safely.
If the ME determined the non-CDL driver was physically qualified, they
would complete the MEC, Form MCSA-5876, obtain the driver's signature,
and provide the certificate to the driver (and a copy to the employer,
if requested to do so).
    In addition, FMCSA proposes to require all MEs to notify FMCSA if
they have not performed any driver physical examinations during the
previous month. The compliance date for this provision would coincide
with the effective date of the final rule to enable FMCSA to monitor ME
compliance with reporting requirements.

F. Motor Carriers

    Motor carriers would no longer be required to verify the National
Registry Number of the ME who issued a MEC to a driver required to have
a CDL or a CLP by accessing the public information available on the
National Registry. All certification information for such drivers would
be provided to the SDLAs and posted as part of the driver record only
by MEs listed on the National Registry. Motor carriers would still be
required to obtain each driver's driver record from the SDLA which
licensed the driver. The motor carrier would verify that the driver's
status is ``medically certified'' and that the driver has the
documentation for all medical variances (as defined in the SUMMARY
section) noted on the MEC. For any CMV drivers who are not required to
have a CDL, motor carriers would still have to verify that the ME was
listed on the National Registry.
    For drivers required to have a CDL or a CLP, motor carriers would
no longer be permitted to rely on an original or copy of a MEC in the
DQ file for the first 15 days after it is issued. The motor carrier
would obtain the driver's medical information as part of the CDLIS MVR
from the SDLA.

G. Implementation Date

    In order to allow sufficient time for the SDLAs and FMCSA to
develop and implement the necessary changes in their information
systems to accomplish the proposed changes, FMCSA proposes to require
that most of the proposed rules would take effect three years after the
effective date of the final rule. The provisions requiring: (1) MEs to
notify FMCSA if they have not performed any driver physical
examinations during the previous month; (2) MEs to use the new MER
Form, MCSA-5875; (3) the State to post the medical variance information
(as defined in the SUMMARY section) provided by FMCSA, including the
dates of issuance and expiration, to the CDLIS driver record within 1
business day of receipt for CLP and CDL drivers; (4) the State to
update the medical status to ``not certified' when the medical
certification is voided by FMCSA; and (5) MEs to use the prescribed
form for the MEC would go into effect on the effective date of the
final rule.
    FMCSA proposes that beginning [INSERT DATE 3 YEARS AFTER THE
EFFECTIVE DATE OF THE FINAL RULE], MEs be required to report the
results of all commercial drivers' physical examinations to FMCSA by

close of business on the day the examination is conducted (instead of
once a month), by completing a CMV Driver Medical Examination Results
Form, MCSA-5850, via their individual password-protected National
Registry web account. FMCSA would then transmit all of the information
from the MEC electronically from the National Registry system to the
SDLAs for CLP and CDL holders only. FMCSA is proposing this date based
on its estimate of when all States will have the information technology
systems in place to receive the information from the National Registry.
However, if the Agency finds that the States are ready earlier than
expected the Agency may decide to shorten the proposed period and make
this requirement before three years after the effective date.

VII. Section-by-Section

    This section includes a summary of the regulatory changes proposed
for 49 CFR parts 383, 384 and 391 organized by section number.

A. Proposed Changes to Part 383

    Part 383 contains the requirements for CLPs and CDLs. With certain
exceptions, the rules in this part apply to every person who operates a
CMV in interstate, foreign or intrastate commerce, to all employers of
such persons, and to all States.
    Section 383.71(h). FMCSA proposes to change the requirement of a
CLP or CDL applicant or holder who is required to obtain a MEC (no
number assigned) from providing the State with an original or copy of
the MEC (no number assigned) to FMCSA providing the State with the
electronic MEC information.
    Section 383.73(a)-(b). FMCSA proposes to change the requirement
that the State must post the MEC (no number assigned) received from the
CLP or CDL applicant or holder to the CDLIS driver record to the State
posting the electronic MEC information received from FMCSA.
    Section 383.73(o). FMCSA proposes to change the State requirement
of posting the original or copy of the MEC (no number assigned)
information to the CDLIS driver record within 10 calendar days after
receipt to the posting of the electronic MEC, Form MCSA-5876,
information to the CDLIS driver record within 1 business day after
receiving the electronic information from FMCSA. The proposal would
also add a requirement that, when the SDLA receives information that a
driver's MEC has been invalidated because the driver has been found to
be not physically qualified in a subsequent examination by an ME on the
National Registry, it must change the driver's status on the CDLIS
record to ``not certified'' and begin the process for downgrading the
CDL or CLP. FMCSA also proposes to change the requirement that the
State retain an original or copy of the MEC (no number assigned) for 3
years to a requirement that it retain an electronic record of the MEC,
Form MCSA-5876, information for 3 years.
    While the American Association of Motor Vehicle Administration's
``Commercial Driver's License Information System State Procedures
Manual,'' Release 5.2.0, February 2011 requires the State to post the
medical variance information (as defined in the SUMMARY section)
provided by FMCSA, including the dates of issuance and expiration, and
was previously incorporated by reference in Sec.  384.105 of this
chapter, FMCSA proposes to also include this requirement in paragraph
(o) along with the MEC, Form MCSA-5876, information posting requirement
as a reminder to the States. This proposed requirement would be
effective immediately because States are already required to post this
information. FMCSA also proposes to reduce the time the State has to
post the medical variance information (as defined in the SUMMARY
section) received from FMCSA to the CDLIS driver record from within 10
calendar days to 1 business day of receipt since the information will
be sent electronically.
    FMCSA proposes a new requirement that the State must also update
the medical status to ``not certified' when the medical certification
is voided by FMCSA.

B. Proposed Changes to Part 384

    Part 384 contains the requirements to ensure that the States comply
with the provisions of section 12009(a) of the Commercial Motor Vehicle
Safety Act of 1986 (49 U.S.C. 31311(a). Part 384 includes the minimum
standards for the actions States must take to be in substantial
compliance with each of the 22 requirements of 49 U.S.C. 31311(a),
establishes procedures for FMCSA determinations of State compliance,
and specifies the consequences of State noncompliance.
    Section 384.234. FMCSA proposes an administrative amendment to this
section to include driver medical certification recordkeeping
requirements for CLP applicants in Part 383.
    Section 384.301. FMCSA proposes to amend this section by adding a
new paragraph (i). FMCSA has always given the States 3 years after the
effective date of any new rule to come into substantial compliance with
new CDL requirements. This allows the States time to pass any necessary
new legislation and modify State systems to comply with the new
requirements, including CDLIS. New paragraph (i) would specify the 3
year compliance date for States.

C. Proposed Changes to Part 391

    Part 391 establishes minimum qualifications for persons who drive
CMVs. The requirements in this part also establish minimum duties of
motor carriers with respect to the qualifications of their drivers.
    Section 391.23(m)(2)(i)(A). FMCSA proposes an editorial change to
eliminate an erroneous reference to Sec.  383.71(a)(1)(ii) and to add a
reference to 383.71(b)(1)(ii), which describes the four types of self-
certifications.
    Section 391.23(m)(2)(i)(B). The rule would eliminate the
requirement for the motor carrier to verify and document in the DQ file
that a CDL driver was certified by an ME listed on the National
Registry. Employers will no longer need to verify that the driver
examination was performed by an ME listed on the National Registry by
FMCSA, because that information will be sent to the SDLAs from the
National Registry. Motor carriers will still be required to meet this
requirement for non-CDL drivers.
    Section 391.41(a)(2). 3 years after the effective date of the final
rule, FMCSA proposes to eliminate the provision allowing drivers
required to have a CDL or a CLP to carry a current MEC (no number
assigned) for 15 days.
    Section 391.43. FMCSA proposes eliminating the Instructions for
Performing and Recording Physical Examinations section in Sec.
391.43(f) to eliminate redundant or unnecessary requirements. The
Instructions section contains information found elsewhere in FMCSA
guidance and information that health care practitioners must be
knowledgeable of in order to be licensed, registered or certified by
their States to perform physical examinations. FMCSA proposes revising
the MER Form in Sec.  391.43(f) to make the driver's health history
information more comprehensive, streamline the format, strengthen the
efficiency of frequently used clinical processes and tools for
performing driver physical examinations, expand the ME determination
section, add a statement for ME signature, add a National Registry
Number, and add a section for amending the ME determination.
    FMCSA proposes in 391.43(g)(2) that, beginning 3 years after the
effective date of the final rule, MEs would no longer

be required to provide the MEC, Form MCSA-5876, to drivers required to
have a CDL or CLP (and their employers) because the MEC information
would be promptly and accurately transmitted electronically to the
SDLAs for entry on the CDLIS driver record. But the ME would still
provide the MEC, Form MCSA-5876, to non-CDL drivers (and requesting
employers), as currently required.
    FMCSA proposes to insert two new paragraphs in 49 CFR 391.43(g).
The first one, new paragraph (g)(3), would require the ME to inform the
driver if a determination has been made that the driver is not
physically qualified, and that this information will be reported to
FMCSA. Upon receiving this report, FMCSA would then invalidate any MECs
previously issued to the driver that are contained in the Agency's
records. The second one would require the ME to inform the driver if
the determination of whether the driver is physically qualified
requires additional information or further examination. This pending
status will remain in effect for 45 days, and will be reported to
FMCSA. If the examination is not completed within the 45-day period,
the examination will be no longer valid and the driver will be required
to obtain a new examination in order to obtain a MEC, Form MCSA-5876.
    FMCSA proposes in 391.43(g)(5)(A)(ii) (renumbered from (g)(3)
because of the two new paragraphs proposed above) that, beginning 3
years after the effective date of the final rule, the ME must report
results of all commercial drivers' physical examinations to FMCSA by
completing a CMV Driver Medical Examination Results Form, MCSA-5850,
via the ME's individual password-protected National Registry web
account by the close of the same business day. As indicated above,
FMCSA may shorten this period if the States are ready before 3 years to
begin receiving medical certification for drivers required to have a
CDL or CLP.
    FMCSA proposes in 391.43(g)(5)(B) to require MEs to report to FMCSA
whenever the ME does not complete any driver medical examinations
during the preceding 30 days, beginning on the effective date of the
final rule.
    FMCSA proposes to revise 391.43(h) to require MEs to use the MEC,
Form MCSA-5876, and will seek approval under the Paperwork Reduction
Act for its use. (See the Regulatory Analysis section below.) Only
minor editorial edits have been made to the form for clarity. The
information required to be entered on the certificate is unchanged from
the information required under the current regulation.
    Section 391.45. FMCSA proposes to add a new paragraph at the end of
this section that would require a driver to be medically examined and
certified before operating a CMV after previous certifications have
been invalidated because of a driver not being physically qualified
under the provisions of proposed new 391.43(g)(3).
    Section 391.51. FMCSA proposes in 391.51(b)(7) to eliminate the
exception that allows the motor carrier to use a MEC (no number
assigned) as proof of medical certification in the DQ file, because
States would be required to load medical certification information into
the driver's record within one business day of receipt from FMCSA.

VIII. Regulatory Analyses

A. E.O. 12866 (Regulatory Planning and Review and DOT Regulatory
Policies and Procedures as Supplemented by E.O. 13563)

    FMCSA has determined this proposed rule is not a significant
regulatory action within the meaning of Executive Order (E.O.) 12866,
as supplemented by E.O. 13563 (76 FR 3821, January 21, 2011), and is
also not significant within the meaning of DOT regulatory policies and
procedures (DOT Order 2100.5 dated May 22, 1980; 44 FR 11034, February
26, 1979) because it is not expected to generate substantial
congressional or public interest. The estimated cost of the proposed
rule is not expected to exceed the $100 million annual threshold for
economic significance. The Agency expects this proposed rule to
generate net cost savings because of reduced annual paperwork burden
hours compared to the current information collection activity (IC). The
motor carriers and SDLAs affected will benefit from a decrease in
annual burden hours and economic expenditures that will more than
offset the burden increase for MEs.
    FMCSA proposes to transmit MEC information electronically from the
National Registry system to the SDLAs for CLP and CDL drivers. The
Agency will also transmit medical variance information (as defined in
the SUMMARY section) for all CMV drivers electronically to the SDLAs.
    The MEC information would originate with the ME. The ME would
perform a driver physical examination and record the results on a MER
Form, MCSA-5875. The ME would enter the MEC information on to the CMV
Driver Medical Examination Results Form, MCSA-5850, and submit it to
the National Registry via the ME's password-protected web account by
close of business the same day. For CMV drivers required to have CDLs
or (after July 8, 2014) CLPs, FMCSA would then be able to promptly
transmit to the SDLAs the drivers' MEC information for entry on the
CDLIS driver records.
1. Summary of Estimated Costs
    The Agency expects this proposed rule to generate net cost savings
because of the reduced annual paperwork burden hours on the current IC.
The additional cost this proposed rule would impose would result from
the ME entering the CMV Driver Medical Examination Results Form, MCSA-
5850, data more frequently into the National Registry System, as
detailed in the revised Medical Qualifications Requirements Supporting
Statement (Office of Management and Budget (OMB) Control Number 2126-
0006) posted in the docket. This annual cost is very minimal in the
amount of $455,994 (25,333 additional data entry annual burden hours x
$18.00 per hour (includes benefits) for ME administrative personnel to
perform data entry.) Another potential cost may be SDLAs' IT upgrades
to connect to the National Registry database; however, the Agency is
unable to estimate and quantify that potential cost at this time. The
cost savings will be in the form of saving efficiencies through the
electronic transmission of information.
2. Summary of Estimated Benefits
    Potential quantifiable estimated benefits, as detailed in the
revised Medical Qualification Requirements and the Commercial Driver
Licensing and Test Standards (OMB control number 2126-0011) Supporting
Statements-posted in the docket include: (1) Employers would no longer
be required to verify the ME's National Registry number for CDL driver
examinations because only MEs listed on the National Registry will be
able to forward MEC information to the National Registry. MEs will
encourage drivers to review and correct MEC information to ensure
accurate information is recorded. This will result in $4.22 million in
a cost savings to employers (221,904 annual burden hours x $19.00 per
hour (including benefits)); (2) CMV drivers will save time by not
having to provide their MEC to the SDLAs. By sending the MEC and
variance information (as defined in the SUMMARY section) electronically
FMCSA is creating a cost savings for drivers of $2.17 million
(4,623,000 MECs x $0.47 postage to

SDLAs); \4\ (3) SDLAs would save 205,333 annual burden hours of
administrative time recording MEC information for not having to attend
to the driver above, resulting in $3.69 million (205,333 annual burden
hours x $18.00 per hour (including benefits)) in cost savings. As a
result, this proposed rule will generate $10.1 million in overall cost
savings.
---------------------------------------------------------------------------

    \4\ OMB control number 2126-0011 Medical Qualification
Requirements due to expire July 31, 2015. The number of medical
certificates 4,623,000 issued per year by MEs x $0.47 ($0.05 copy +
$0.42 postage) = $2,172,180.
---------------------------------------------------------------------------

    Although the safety benefits of this rule are difficult to fully
quantify, the Agency believes that the fraud prevention in electronic
transmission of MEC and medical variance information (as defined in the
SUMMARY section) will continue to improve safety on public roads.
Continuing to leave the responsibility to drivers would create a
potential for fraud, as it would provide an opportunity for the driver
to forge or alter the MEC or medical variance information (as defined
in the SUMMARY section). Prompt and complete reporting to FMCSA by the
MEs would allow the information to be transmitted expeditiously to the
SDLAs for posting on the CDLIS driver record for CDL and CLP drivers.
As a result, up-to-date and accurate information concerning the medical
certification status of such drivers would be available to State and
Federal enforcement personnel, SDLAs, employers, drivers and others who
rely on this information to determine whether a driver is in compliance
with the applicable physical qualification standards.
    Lastly, by using the new MER Form, MCSA-5875, FMCSA believes that
MEs will be able to determine more correctly whether CMV drivers meet
the physical qualification standards contained in 49 CFR 391.41(b). The
MER Form, MCSA-5875, removes the advisory criteria (guidance) contained
in the current form that has been sometimes confused with regulatory
standards; contains evaluation tools that align more precisely with the
qualification standards and the Agency's advisory criteria and presents
those tools using a systematic physical examination approach similar to
standards of clinical practice. When combined with the expected
improvement in ME qualifications and performance under the National
Registry program, the new form will help ensure that the physical
condition of CMV operators is adequate to enable them to operate CMVs
safely. Because the implementation of the National Registry program is
just beginning, FMCSA does not have sufficient data at this time to
quantify the expected safety benefits from adoption of the new MER
Form, MCSA-5875.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.)
requires Federal agencies to consider the effects of the regulatory
action on small business and other small entities and to minimize any
significant economic impact. The term ``small entities'' comprises
small businesses and not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.\5\
Accordingly, DOT policy requires an analysis of the impact of all
regulations on small entities, and mandates that agencies strive to
lessen any adverse effects on these businesses.
---------------------------------------------------------------------------

    \5\ Regulatory Flexibility Act (5 U.S.C. 601 et seq.) see
National Archives at http://www.archives.gov/federal-register/laws/regulatory-flexibility/601.html
---------------------------------------------------------------------------

    Under the Regulatory Flexibility Act (RFA), as amended by the Small
Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121,
110 Stat. 857), the proposed rule is not expected to have a significant
economic impact on a substantial number of small entities.
Consequently, I certify that the proposed action would not have a
significant economic impact on a substantial number of small entities.
    An Initial Regulatory Flexibility Analysis (IRFA), which must
accompany this NPRM, must include six components. See 5 U.S.C. 603(b)
and (c). The Agency has listed these components and addresses each
section with regard to this NPRM.
    1. A description of the reason why action by the Agency is being
considered.
    In order to alleviate manual entry of data by the SDLAs and to
provide authorized State and Federal enforcement officials the most
current and accurate information regarding the medical status of the
CMV driver, FMCSA proposes to require MEs to begin using a newly
developed MER Form, MCSA-5875, in place of the current MER Form. In
addition, MEs would be required to report results of all driver
physical examinations to FMCSA by close of business the day the
examination is conducted by completing a CMV Driver Medical Examination
Results Form, MCSA-5850, via their individual password-protected
National Registry web account. FMCSA also proposes to transmit
information from the MEC electronically from the National Registry to
the SDLAs for CMV drivers who hold or apply for CLPs or CDLs and are
required to be medically certified. It is also transmitting medical
variance information (as defined in the SUMMARY section) for such
drivers electronically to the SDLAs.
    2. A succinct statement of the objectives of, and legal basis why
action by the Agency is being considered.
    The Agency's Medical Examiner's Certification Integration Rule is a
follow-on rule that strengths and modifies the rules adopted in both
the National Registry of Certified Medical Examiners published on April
20, 2012 (77 FR 2410) and the Medical Certification Requirements as
Part of the CDL rule (Med-Cert rule) published on December 1, 2008 (73
FR 73096). It proposes to expedite transmission of the medical
examination information to FMCSA by MEs, FMCSA would then promptly and
accurately transmitted this information to the SDLAs electronically
(for drivers required to have a CDL) to be entered into the appropriate
CDLIS driver records. This rule is the third element of an initiative
to improve the driver qualification and medical examiner certificate
process. In addition, electronic transmission of the information will
improve safety on public roads by decreasing the risk of fraud by CMV
drivers and providing authorized State/Federal enforcement officials
access to current and accurate medical status of CMV drivers during
inspections.
    3. A description and, where feasible, an estimate of the number of
small entities to which the proposed rule would apply.
    States have distinctive guidelines on who can perform physical
examinations of commercial drivers, which vary among states for the
purpose of certifying or non-certifying CDL drivers for this proposal,
Federal regulations enable any of the following health-care
professionals, including others, to conduct the CMV driver examination
provided they are licensed, registered, or certified by the State(s) to
conduct physical examinations: Medical Doctor (MD), Doctor of
Osteopathy (DO), Physician Assistant (PA), Advanced Practice Nurses
(APN) and Doctors of Chiropractic (DC). Once a year the Department of
Labor's Bureau of Labor Statistics (BLS) publishes total annual
employment figures based on their National Occupational Employment and
Wage Estimates.\6\ Therefore, the Agency

estimates that this rule would impact approximately 40,000 health-care
professionals expected to be listed on the National Registry. (see
National Registry of Certified Medical Examiners 77 FR 24104, April 20,
2012).
---------------------------------------------------------------------------

    \6\ U.S. Department of Labor, Bureau of Labor Statistics (BLS).
May 2008 National Occupational Employment and Wage Estimates.
Available online at http://www.bls.gov/oes/current/_oesnat.htm#b29-0000. 2008.
---------------------------------------------------------------------------

    The Small Business Administration's threshold to qualify as a small
business fluctuates between $10 million or less in revenue for
physician-owned businesses to $7 million in revenue for APN and PA
owned companies. As such, FMCSA considers all of the medical
professionals as small entities.
    4. A description of the projected reporting, recordkeeping, and
other compliance requirements of the proposed rule, including an
estimate of the classes of small entities that will be subject to
requirements and the type of professional skills necessary for
preparation of the report or record.
    The ME will be required to fill out the MER Form, MCSA-5875, with
examination findings and the CMV Driver Medical Examination Results
Form, MCSA-5850, with the driver examination results. The skills
required to fill out these forms are basic office and computer
proficiency skills.
    5. Identification, to the extent practicable, of all relevant
Federal rules that may duplicate, overlap, or conflict with the
proposed rule.
    The Agency did not identify any Federal rules that duplicate,
overlap or conflict with the rule.
    6. A description of any significant alternatives to the proposed
rule which minimize any significant impacts on small entities.
    The Agency did not identify any significant alternatives to the
rule that could lessen the burden on small entities without
compromising its goals or the Agency's statutory mandate. Because small
businesses are such a large part of the demographic the Agency
regulates, providing alternatives to small businesses for non-
compliance with FMCSA regulations or providing alternative compliance
options is not feasible and not consistent with sound public policy.

C. 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 proposed rule so that they can better evaluate
its effects on themselves and participate in the rulemaking initiative.
If the proposed rule would 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, Elaine Papp, listed in the FOR FURTHER INFORMATION CONTACT
section of this proposed 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.

D. Unfunded Mandates Reform Act of 1995

    This proposed rule would have very minimal costs that would not
exceed the threshold nor impose an unfunded Federal mandate, as defined
by the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532 et seq.),
that will result in the expenditure by State, local, and tribal
governments, in the aggregate, or by the private sector, of $143.1
million (which is the value of $100 million in 2010 after adjusting for
inflation) or more in any 1 year.

E. 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 proposal
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 assessment.

F. E.O. 12988 (Civil Justice Reform)

    This proposed 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.

G. 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 proposed 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.

H. E.O. 12630 (Taking of Private Property)

    FMCSA reviewed this proposed 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.

I. Privacy Impact Assessment

    Section 522 of title I of division H of the Consolidated
Appropriations Act, 2005, enacted December 8, 2004 (Pub. L. 108-447,
118 Stat. 2809, 3268, 5 U.S.C. 552a note), requires the Agency to
conduct a privacy impact assessment (PIA) of a regulation that will
affect the privacy of individuals. This rule does 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 proposed 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.

J. 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.

K. Paperwork Reduction Act

    This NPRM contains the following new IC requirements. As required
by the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3507(d)), FMCSA
submitted the information requirements associated with the proposal to
the OMB for its

review. This proposed rule has a decrease in annual paperwork burden
hours (401,904 hours) as detailed in OMB control number 2126-0011
Commercial Driver Licensing and Test Standards and 2126-0006 Medical
Qualification Requirements Supporting Statements in the docket.
    Once the National Registry is implemented beginning May 21, 2014,
as discussed in the final rule (77 FR 24104; April 21, 2012), MEs will
start to electronically submit MEC information to the National Registry
on a monthly basis. The Medical Examiner's Certification Integration
Rule proposes that the information be submitted by the ME at the close
of business the day the examination is conducted as opposed to
submitting monthly batched reports. In addition, it proposes that FMCSA
will electronically transmit examination information to the SDLAs,
providing more accurate and timely delivery of information to update
CDLIS driver records and for safety enforcement purposes. The
requirements imposed on CMV drivers and employers for this IC are being
considered. The estimate of the number of CMV drivers (respondents)
covered by this IC includes both interstate drivers subject to the
FMCSRs and intrastate drivers subject to compatible State regulations.
Although Federal regulations do not require States to comply with the
medical requirements in the FMCSRs, most States do mirror the Federal
requirements. Close tracking and monitoring of certification activities
and medical results are crucial to reducing fraudulent efforts of a
subset of CDL applicants. Some CDL drivers avoid following the proper
guidelines to become medically qualified, posing extreme risks to the
public.
    FMCSA analyzed this rule and determined that its implementation
will decrease the currently approved IC burden hours covered by OMB
Control No. 2126-006, titled ``Medical Qualification Requirements,''
and OMB Control No. 2126-0011, titled ``Commercial Driver Licensing and
Test Standards.'' The Table below captures the current and future
paperwork burden hours associated with the two approved supporting
statements. A detailed analysis of each IC activity can be found in the
Supporting Statements attachments, which are in the public docket for
this rulemaking.

                                Current and Future Information Collection Burdens
----------------------------------------------------------------------------------------------------------------
                                                                                Proposed annual
                                                                Currently     Future change in  burden hours for
                     OMB Approvals No.                       approved annual    annual burden   IC activities in
                                                              burden hours          hours          year 4 and
                                                                                subsequent years
----------------------------------------------------------------------------------------------------------------
2126-0006.................................................         2,130,702         (196,571)         1,934,131
2126-0011.................................................         1,682,582         (205,333)         1,423,249
                                                           -----------------------------------------------------
    Totals................................................         3,813,284         (401,904)         3,357,380
----------------------------------------------------------------------------------------------------------------

    2126-0006 Medical Qualification Requirements.
    This IC is currently due to expire on July 31, 2015. This revision
is due to the Agency's development of the rules proposed in this NPRM.
It proposes to change the State requirement of posting the original or
copy of the MEC information to the CDLIS driver record within 10
calendar days of receipt to the posting of the electronic MEC
information to the CDLIS driver record within 1 business day. In
addition, the proposed rule would eliminate the requirement for the CMV
drivers to provide their MEC to their SDLAs. It would also eliminate
the requirement for motor carriers to verify that their CDL drivers
were certified by an ME on the National Registry.
    The current and proposed IC activities imposed on the MEs and motor
carriers over the first 3 years of implementing the proposed electronic
transmission of MEC information from the ME to the SDLAs would remain
unchanged. This would allow time for those States that need to pass
legislation and for all States to make the necessary system upgrades,
before the proposed electronic transmission of MEC information from the
ME, through the National Registry System, to the SDLA for update on the
CDLIS driver's record will be implemented in each State and the
District of Columbia. The table below details the IC activities
incurred by the ME and motor carriers for the current and proposed
first 3 years, along with IC activities in Year 4 and subsequent years.

----------------------------------------------------------------------------------------------------------------
                                                                                Proposed  annual
                                                                              Proposed  annual    burden  hours
   Current and proposed IC activities for MEs and motor         Currently       burden  hours        for IC
                         carriers                            approved annual     for the  IC      activities in
                                                              burden hours     activities  in     year 4th and
                                                                               first 3  years   subsequent years
----------------------------------------------------------------------------------------------------------------
MER, Medical Examination Results Form, and the MEC........         1,695,000         1,695,000         1,695,000
Resolution of Medical Conflict............................                11                11                11
SPE.......................................................               192               192               192
Vision Exemption..........................................               727               727               727
Diabetes Exemption........................................               600               600               600
ME Application............................................             1,111             1,111             1,111
ME Test Results...........................................             1,111             1,111             1,111
CMV Driver Examination Data...............................           123,575           123,575           148,908
MER and MEC Copies........................................               175               175               175
Verification of National Registry Number..................           308,200           308,200            86,296
                                                           -----------------------------------------------------
    Total Burden Hours....................................         2,130,702         2,130,702         1,934,131
----------------------------------------------------------------------------------------------------------------

    FMCSA estimates that the number of times per year that respondents
would provide CMV driver examination results information would increase
from a minimum of 12 times per year to an average of 50 times per year.
MEs would file 4,623,000 MECs per year (unchanged). It is projected
that 40,000 MEs (unchanged) will be needed to perform the 4,623,000 CMV
driver medical examinations required annually. The transmission of CMV
driver examination information will require approximately 71,858 hours
of ME administrative personnel time on a yearly basis [40,000
registered MEs x 1 minute/60 minutes to file a report x 50 reports per
year + 4,623,000 reports x 30 seconds/3600 seconds to enter each
driver's examination data elements = 71,858 hours]. This is an increase
of 25,333 burden hours per year.
    In addition, verification for CDL drivers will not be required,
because FMCSA will provide medical certification information to the
states only from MEs who are listed on the National Registry. Motor
carriers will verify the National Registry Number for an estimated
1,294,440 non-CDL drivers who are medically certified per year (a
decrease from 4,623,000 CDL and non-CDL drivers medically certified per
year). It is estimated it will take motor carrier administrative
personnel 4 minutes to verify the National Registry Number, write a
note regarding the verification, and file the note in the DQ file, so
this will require approximately 86,296 hours of administrative
personnel time on a yearly basis [1,294,440 verifications x 4 minutes/
60 minutes per verification = 86,296 hours]. This is a decrease of
221,904 annual burden hours per year.
    FMCSA estimates that the Medical Examiner's Certification
Integration Rule would decrease the total estimated annual time burden
to respondents for Medical Qualifications by 196,571 hours [(221,904)
fewer hours for verification of non-CDL National Registry Number minus
25,333 additional hours to enter driver examination data elements]. The
Medical Examiner's Certification Integration Rule would result in a
total annual time burden to respondents for all medical requirement
components of an estimated 1, 934,131 hours (2,130,702 current hours
minus 196,571 fewer hours).
    2126-0011 Commercial Driver Licensing and Test Standards. This IC
is currently due to expire on August 31, 2014. This IC supports the DOT
Strategic Goal of Safety by requiring that CLP and CDL holders driving
CMVs subject to part 391 are properly licensed according to all
applicable Federal requirements. The information being collected
ensures that CLP and CDL holders are qualified to hold a CLP or CDL to
operate CMVs, and that States are administering their CDL programs in
compliance with the Federal requirements.
    As proposed, the MEC and medical variance information (as defined
in the SUMMARY section) for CLP and CDL drivers would be transmitted
electronically by FMCSA to the SDLA and posted to the CLP or CDL
holder's CDLIS driver record. This would eliminate the need for the
driver to carry a paper copy of the MEC and to physically provide a
copy to his/her SDLA. Therefore, there would be no change in the total
annual burden hours during the first 3 years. However, during these 3
years there will be a one-time cost that each State and the District of
Columbia will need to expend to make updates to their systems to
accommodate the development of the capability to electronically receive
and post medical certification and medical variance information (as
defined in the SUMMARY section) from FMCSA and to the CDLIS driver
record. The information technology necessary to carry out these
transactions are still in the early development stage. Therefore, FMCSA
cannot make any cost estimates at this time. FMCSA welcomes any
comments on estimated costs to develop this capability.
    Starting in the 4th and subsequent years, there would be a proposed
decrease in total annual burden hours due to the implementation of the
new program change. With medical certification and medical variance
information (as defined in the SUMMARY section) being sent
electronically to the SDLA by FMCSA to post to the CDLIS driver record,
the annual burden hours for the SDLA to manually post the medical
certification and medical variance information to the CDLIS driver
record will be reduced from 205,333 hours to 0 hours based on the
medical variance information being electronically sent through the
National Registry to the SDLA by FMCSA and electronically posted to the
CDLIS driver record. If the medical variance information (as defined in
the SUMMARY section) continues to be sent by email there would be
minimal burden hours associated with this task therefore, FMCSA has not
attempted to quantify it. The following table summarizes the annual
information collection burden hours for current and proposed IC
activities for the first 3 years and the subsequent years. As discussed
above, the currently approved total annual burden of 1,628,582 hours
for the first 3 years remains unchanged. The decrease in proposed total
annual burden of 205,333 hours in subsequent years is due to the
program changes from implementing the new requirement.

----------------------------------------------------------------------------------------------------------------
                                                                                Proposed  annual
                                                                              Proposed  annual    burden  hours
   Current and proposed IC activities for States and CDL        Currently       burden  hours        for IC
                          drivers                            approved annual     for the  IC      activities in
                                                              burden hours     activities  in     year 4th and
                                                                               first 3  years   subsequent years
----------------------------------------------------------------------------------------------------------------
State recording of medical examiner's certification and              205,333           205,333                 0
 medical variance information on CDLIS driver record......
State recording of the self-certification of CMV operation             3,984             3,984             3,984
 on CDLIS driver record...................................
State verification of the medical certification status of              2,593             2,593             2,593
 all interstate CDL holders...............................
Driver to notify employer of convictions/disqualifications           640,000           640,000           640,000
Driver to complete previous employment paperwork..........           403,200           403,200           403,200
States to complete compliance certification documents.....             1,632             1,632             1,632
States to complete compliance review documents............             2,400             2,400             2,400
Data/document checks and CDLIS recordkeeping..............           212,224           212,224           212,224
Drivers to complete the CLP/CDL application...............            48,000            48,000            48,000
CDL tests recordkeeping...................................            84,000            84,000            84,000
Knowledge and skills test examiner certification..........            25,216            25,216            25,216
Skills test examiner monitoring and auditing..............                 0                 0                 0
                                                           -----------------------------------------------------

    Total Burden Hours....................................         1,628,582         1,628,582         1,423,249
----------------------------------------------------------------------------------------------------------------

L. National Environmental Policy Act and Clean Air Act

    FMCSA analyzed this NPRM 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, March 1, 2004),
Appendix 2, paragraph (s)(7) and paragraph (t)(2). The Categorical
Exclusion (CE) in paragraph (b) covers administrative or editorial
changes; (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 proposals in this rule are covered
by these two CEs and the proposed 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 Web site listed under
ADDRESSES. FMCSA also analyzed this rule under the Clean Air Act, as
amended (CAA), section 176(c) (42 U.S.C. 7401 et seq.), and
implementing regulations promulgated by the Environmental Protection
Agency. 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.

M. E.O. 13211 (Energy Supply, Distribution, or Use)

    FMCSA has analyzed this proposed 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.

N. E.O. 13175 (Indian Tribal Governments)

    This rule does not have tribal implications under E.O. 13175,
Consultation and Coordination with Indian Tribal Governments, because
it does not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes.

O. National Technology Transfer and Advancement Act (Technical
Standards)

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through OMB, with an explanation of why using these standards would be
inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards (e.g., specifications of materials, performance,
design, or operation; test methods; sampling procedures; and related
management systems practices) are standards that are developed or
adopted by voluntary consensus standards bodies. This rule does not use
technical standards. Therefore, we did not consider the use of
voluntary consensus standards.

List of Subjects

49 CFR Part 383

    Administrative practice and procedure, Alcohol abuse, Drug abuse,
Highway safety, Incorporation by reference, Motor carriers.

49 CFR Part 384

    Administrative practice and procedure, Alcohol abuse, Drug abuse,
Highway safety, Incorporation by reference, Motor carriers.

49 CFR Part 391

    Alcohol abuse, Drug abuse, Drug testing, Highway safety, Motor
carriers, Reporting and recordkeeping requirements, Safety,
Transportation.
    For the reasons stated in the preamble, FMCSA proposes to amend
title 49 CFR, Code of Federal Regulations, chapter III, 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, Pub. L. 106-159, 113 Stat. 1748, 1766, 1767; sec.
4140, Pub. L. 109-59, 119 Stat. 1144, 1746; and 49 CFR 1.87.

0
2. Amend Sec.  383.71 by revising paragraphs (h)(1) and (3) to read as
follows:

Sec.  383.71  Driver application and certification procedures.

    (h) * * *
    (1) New CLP and CDL applicants. (i) Before [INSERT DATE 3 YEARS
AFTER THE EFFECTIVE DATE OF THE FINAL RULE], 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 [INSERT DATE 3 YEARS AFTER THE EFFECTIVE DATE OF
THE FINAL RULE], 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) In order to maintain a medical certification status of
``certified,'' before [INSERT DATE 3 YEARS AFTER THE EFFECTIVE DATE OF
THE FINAL RULE], 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) In order to maintain a medical certification status of
``certified,'' on or after [INSERT DATE 3 YEARS AFTER THE EFFECTIVE
DATE OF THE FINAL RULE], 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.
0
3. Amend Sec.  383.73 by revising paragraphs (a)(2)(vii), (b)(5),
(o)(1), (o)(2), (o)(3) and (o)(4) to read as follows:

Sec.  383.73  State procedures.

    (a) * * *
    (2) * * *
    (vii)(A) Before [INSERT DATE 3 YEARS AFTER THE EFFECTIVE DATE OF
THE FINAL RULE], for drivers who certified their type of driving
according to Sec.  383.71(b)(1)(ii)(A) (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 [INSERT DATE 3 YEARS AFTER THE EFFECTIVE DATE OF
THE FINAL RULE], for drivers who certified their type of driving
according to Sec.  383.71(b)(1)(ii)(A) (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 [INSERT DATE 3 YEARS AFTER THE EFFECTIVE DATE OF THE
FINAL RULE], for drivers who certified their type of driving according
to Sec.  383.71(b)(1)(ii)(A) (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 [INSERT DATE 3 YEARS AFTER THE EFFECTIVE DATE OF
THE FINAL RULE], for drivers who certified their type of driving
according to Sec.  383.71(b)(1)(ii)(A) (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) Medical recordkeeping -- (1)(i) Status of CDL holder. Before
[INSERT DATE 3 YEARS AFTER THE EFFECTIVE DATE OF THE FINAL RULE], for
each operator of a commercial motor vehicle required to have a CLP or
CDL, the current licensing State must:
    (A) Post the driver's self-certification of type of driving under
Sec.  383.71(b)(1)(ii) to the CDLIS driver record;
    (B) Post the information from the medical examiner's certificate
within 10 calendar days to the CDLIS driver record, including:
    (1) Medical examiner's name;
    (2) Medical examiner's telephone number;
    (3) Date of medical examiner's certificate issuance;
    (4) Medical examiner's license number and the State that issued it;
    (5) Medical examiner's National Registry identification number;
    (6) The indicator of medical certification status, i.e.,
``certified'' or ``not-certified'';
    (7) Expiration date of the medical examiner's certificate;
    (8) Existence of any medical variance on the medical examiner's
certificate, such as an exemption, SPE certification, or grandfather
provisions;
    (9) Any restrictions (e.g., corrective lenses, hearing aid,
required to have possession of an exemption letter or SPE certificate
while on-duty, etc.); and
    (10) Date the medical examiner's certificate information was posted
to the CDLIS driver record; and
    (C) Post the medical variance information within 10 calendar days
to the CDLIS driver record, including:
    (1) Date of medical variance issuance; and
    (2) Expiration date of medical variance;
    (D) Retain the original or a copy of the medical examiner's
certificate of any driver required to provide documentation of physical
qualification for 3 years beyond the date the certificate was issued.
    (ii) Status of CDL holder. On or after [INSERT DATE 3 YEARS AFTER
THE EFFECTIVE DATE OF THE FINAL RULE], for each operator of a
commercial motor vehicle required to have a CLP or CDL, the current
licensing State must:
    (A) Post the driver's self-certification of type of driving under
49 CFR 383.71(b)(1)(ii) to the CDLIS driver record;
    (B) Post the information from the medical examiner's certificate
within 1 business day to the CDLIS driver record, including:
    (1) Medical examiner's name;
    (2) Medical examiner's telephone number;
    (3) Date of medical examiner's certificate issuance;
    (4) Medical examiner's license number and the State that issued it;
    (5) Medical examiner's National Registry identification number;
    (6) The indicator of medical certification status, i.e.,
``certified'' or ``not-certified'';
    (7) Expiration date of the medical examiner's certificate;
    (8) Existence of any medical variance on the medical examiner's
certificate, such as an exemption, Skill Performance Evaluation (SPE)
certification, or grandfather provisions;
    (9) Any restrictions (e.g., corrective lenses, hearing aid,
required to have possession of an exemption letter or SPE certificate
while on-duty, etc.); and
    (10) Date the medical examiner's certificate information was posted
to the CDLIS driver record;
    (C) Post the medical variance information within 1 business day to
the CDLIS driver record, including:
    (1) Date of medical variance issuance; and
    (2) Expiration date of medical variance;
    (D)(1) Retain the electronic record of the medical examiner's
certificate information for any driver required to have documentation
of physical qualification for 3 years beyond the date the certificate
was issued.
    (2)(i) Status update. Until the day before [INSERT DATE 3 YEARS
AFTER THE EFFECTIVE DATE OF THE FINAL RULE], 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) Beginning [INSERT DATE 3 YEARS AFTER THE EFFECTIVE DATE

OF THE FINAL RULE], 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 [INSERT DATE 3 YEARS AFTER THE
EFFECTIVE DATE OF THE FINAL RULE], 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 [INSERT DATE 3 YEARS AFTER THE EFFECTIVE DATE OF
THE FINAL RULE], 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) Downgrade. (i) if a driver's medical certification or medical
variance expires, or FMCSA notifies the State that a medical
certification or medical variance was removed or rescinded, the State
must:
    (A)(1) Before [INSERT DATE 3 YEARS AFTER THE EFFECTIVE DATE OF THE
FINAL RULE] 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 [INSERT DATE 3 YEARS AFTER THE EFFECTIVE DATE OF
THE FINAL RULE] 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 of this chapter, or the
driver changes his/her self-certification to driving only in excepted
or intrastate commerce (if permitted by the State).
    (B) [Reserved]
    (ii) [Reserved]
* * * * *

PART 384--STATE COMPLIANCE WITH COMMERCIAL DRIVER'S LICENSE PROGRAM

0
5. 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, Pub. L. 106-159, 113 Stat. 1748, 1753, 1767; and 49 CFR
1.87.

0
6. Revise Sec.  384.234 to read as follows:

Sec.  384.234  Driver medical certification recordkeeping.

    The State must meet the medical certification recordkeeping
requirements of Sec. Sec.  383.73(a)(2)(vii), (b)(5), (c)(8), (d)(8),
(e)(6) and (o) of this chapter.
0
7. Amend Sec.  384.301 by adding a new 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 [INSERT THE EFFECTIVE DATE OF THE FINAL RULE] as soon as
practical, but, unless otherwise specifically provided in this part,
not later than [INSERT DATE 3 YEARS AFTER THE EFFECTIVE DATE OF THE
FINAL RULE].

PART 391--QUALIFICATIONS OF DRIVERS AND LONGER COMBINATION (LCV)
DRIVER INSTRUCTORS

0
8. The authority citation for part 391 will continue to read as
follows:

    Authority: 49 U.S.C. 504, 508, 31133, 31136, and 31502; sec.
4007(b), Pub. L. 102-240, 105 Stat, 1914, 2152; sec. 114, Pub. L.
103-311, 108 Stat. 1673, 1677; sec. 215, Pub. L. 106-159, 113 Stat.
1748, 1767; and 49 CFR 1.87.
0
9. Amend Sec.  391.23 by revising paragraph (m)(2) to read as follows:

Sec.  391.23  Investigation and inquiries.

* * * * *
    (m) * * *
    (2) Exception. For drivers required to have a commercial driver's
license under part 383 of this chapter:
    (i) Beginning January 30, 2014, using the CDLIS motor vehicle
record obtained from the current licensing State, the motor carrier
must verify and document in the driver qualification file the following
information before allowing the driver to operate a CMV:
    (A) The type of operation the driver self-certified that he or she
will perform in accordance with Sec.  383.71(b)(1)(ii) of this chapter.
    (B) (1) Beginning on May 21, 2014, and ending on [INSERT THE
EFFECTIVE DATE OF THE FINAL RULE], that the driver was certified by a
medical examiner listed on the National Registry of Certified Medical
Examiners as of the date of medical examiner's certificate issuance.
    (2) Beginning on [INSERT THE EFFECTIVE DATE OF THE FINAL RULE], if
the driver has certified under paragraph (m)(2)(i)(A) of this section
that he or she expects to operate in interstate commerce, that the
driver has a valid medical examiner's certificate and any required
medical variances.
    (3) Beginning on July 8, 2014, if the driver has a commercial
learner's permit and has certified under paragraph (m)(2)(i)(A) of this
section that he or she expects to operate in interstate commerce that
the driver has a valid medical examiner's certificate and any required
medical variances.
    (C) Exception. Until [INSERT DATE 3 YEARS AFTER THE EFFECTIVE DATE
OF THE FINAL RULE], if the driver provided the motor carrier with a
copy of the current medical examiner's certificate that was submitted
to the State in accordance with Sec.  383.73(a)(5) of this chapter, the
motor carrier may use a copy of that medical examiner's certificate as
proof of the driver's medical certification for up to 15 days after the
date it was issued.
    (ii) [Reserved]
0
10. Amend Sec.  391.41 by revising paragraph (a)(2)(i) to read as
follows:

Sec.  391.41  Physical qualifications for drivers.

    (a) * * *
    (2) CDL exception. (i) (A) Beginning January 30, 2014 and ending on
the day before [INSERT DATE 3 YEARS AFTER THE EFFECTIVE DATE OF THE
FINAL RULE], 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) Beginning on [INSERT DATE 3 YEARS AFTER THE EFFECTIVE DATE OF
THE FINAL RULE], 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, is no
longer permitted to carry on his or her person the medical

examiner's certificate specified at Sec.  391.43(h).
* * * * *
0
11. Amend Sec.  391.43 by revising paragraphs (f), (g)(2), (g)(3) and
(h), and adding paragraph (g)(4) and (g)(5), to read as follows:

Sec.  391.43  Medical examination; certificate of physical examination.

* * * * *
    (f) The medical examination shall be performed, and its results
shall be recorded on the Medical Examination Report set out below
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    (g) * * *
    (2) (i) Until the day before [INSERT DATE 3 YEARS AFTER THE
EFFECTIVE DATE OF THE FINAL RULE], 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) Beginning [INSERT DATE 3 YEARS AFTER THE EFFECTIVE DATE OF THE
FINAL RULE], 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) Beginning [INSERT DATE 3 YEARS AFTER THE EFFECTIVE DATE OF THE
FINAL RULE], 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).
    (4) Beginning [INSERT DATE 3 YEARS AFTER THE EFFECTIVE DATE OF THE
FINAL RULE], if the medical examiner finds that the determination of
whether the person examined is physically qualified to operate a
commercial motor vehicle in accordance with Sec.  391.41(b) should be
delayed pending the receipt of additional information or the conduct of
further examination in order for the medical examiner make such
determination, he or she must inform the person examined that the
additional information must be provided or the further examination
completed within 45 days, and that the pending status of the
examination will be reported to FMCSA.
    (5)(i)(A) Once every calendar month, beginning May 21, 2014 and
ending on [INSERT DATE 3 YEARS AFTER THE EFFECTIVE DATE OF THE FINAL
RULE], the medical examiner must electronically transmit to the
Director, Office of Carrier, Driver and Vehicle Safety Standards, via a
secure Web account on the National Registry, a completed CMV Driver
Medical Examination Results Form, MCSA-5850, Medical Examiner
Submission of CMV Driver Medical Examination Results. The Form must
include all information specified for each medical examination
conducted during the previous month for any driver who is required to
be examined by a medical examiner listed on the National Registry of
Certified Medical Examiners.
    (B) Beginning [INSERT DATE 3 YEARS AFTER THE EFFECTIVE DATE OF THE
FINAL RULE] by close of business on each day during which the medical
examiner completes a medical examination for any driver who is required
to be examined by a medical examiner listed on the National Registry of
Certified Medical Examiners the medical examiner must electronically
transmit the Director, Office of Carrier, Driver and Vehicle Safety
Standards, via a secure FMCSA-designated Web site, a completed CMV
Driver Medical Examination Results Form, MCSA-5850, Medical Examiner
Submission of CMV Driver Medical Examination. The Form must include all
information specified for each medical examination conducted for each
driver.
    (ii) Beginning on May 21, 2014, if the medical examiner does not
perform a medical examination of any driver who is required to be
examined by a medical examiner listed on the National Registry of
Certified Medical Examiners during any calendar month, the medical
examiner must report that fact to FMCSA, via a secure FMCSA-designated
Web site, by the close of business on the last day of such month.
    (h) The medical examiner's certificate shall be completed in
accordance with the following Form MCSA-5876, Medical Examiner's
Certificate.
[GRAPHIC] [TIFF OMITTED] TP10MY13.012

* * * * *
0
12. Amend Sec.  391.45 by revising paragraphs (b)(2) and (c), and
adding new paragraph (d) to read as follows:

Sec.  391.45  Persons who must be medically examined and certified.

* * * * *
    (b) * * *
    (2) Any driver authorized to operate a commercial motor vehicle
only with an exempt intracity zone pursuant to Sec.  391.62, or only by
operation of the exemption in Sec.  391.64, if such driver has not been
medically examined and certified as qualified to drive in such zone
during the preceding 12 months;
    (c) Any driver whose ability to perform his/her normal duties has
been

impaired by a physical or mental injury or disease; and
    (d) Beginning [INSERT DATE 3 YEARS AFTER THE EFFECTIVE DATE OF THE
FINAL RULE], 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
13. Amend Sec.  391.51 by revising paragraphs (b)(7)(i) and (ii), and
(b)(9) to read as follows:

Sec.  391.51  General requirements for driver qualification files.

* * * * *
    (b) * * *
    (7)(i) The medical examiner's certificate as required by Sec.
391.43(g) or a legible copy of the certificate.
    (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,
2014 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, 2014 and until [INSERT DATE 3 YEARS AFTER THE
EFFECTIVE DATE OF THE FINAL RULE], 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) (i) For drivers not 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)(1).
    (ii) Until [INSERT DATE 3 YEARS AFTER THE EFFECTIVE DATE OF THE
FINAL RULE], 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 the authority delegated in 49 CFR 1.87 on: May 2,
2013.
Anne S. Ferro,
Administrator.
[FR Doc. 2013-11080 Filed 5-9-13; 8:45 am]
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