The final rule revises paragraph (a)(2) to specify what information
must be included in the medical certification status inquiry by the
State. The final rule revises paragraph (e) concerning authorized CDLIS
users and agents, consistent with the proposal. The Agency modifies
paragraph (f) by adding a reference to (a)(2) to show what medical
certification status information must appear on the report to
authorized users.
    Section 384.226. In the final rule, FMCSA removes the phrase
``driver's record'' and replace it with the phrase ``CDLIS driver
record.''
    Section 384.231. Similar to Sec.  384.107, the Agency proposed to
update the reference to the CDLIS State Procedures Manual to be the
most recent version incorporated by reference into Sec.  384.107(b).
The final rule revises the reference to cite the September 2007
version.
    Section 384.234. The Agency proposed to add a new section
concerning the requirement for States to maintain copies of drivers'
medical certificates. The final rule adopts the proposed language and
adds a reference to the provisions specified at Sec.  383.73(a)(5) and
(j).
    Section 384.301. The final rule adds, as a conforming amendment to
the changes in 49 CFR part 383, a new paragraph (d) specifying that the
State must comply with requirements of this rule within 3 years of the
effective date.

Part 390

    Section 390.5. FMCSA proposed to add a new definition for the term
``medical variance'' as an inclusive term for all Federal programs
dealing with physical qualification, including exemptions and skill
performance evaluation certificates. This definition does not cover
waivers issued under subpart B of part 381. This is because waivers are
issued for short periods of time and any waivers will be addressed
through program documentation and not the driver's licensing systems.
FMCSA also proposed to add a new definition for ``motor vehicle
record.''
    The final rule adopts the proposed definitional revisions and
further modifies the definition for the term ``medical variance'' by
adding the word ``letter'' after the word ``exemption.'' The definition
for the term ``motor

vehicle record'' is changed by adding a reference to the Driver Privacy
Protection Act.

Part 391

    Section 391.2. In Sec.  391.2, FMCSA proposed to change the section
title from ``General exemptions'' to ``General exceptions.'' This
change establishes consistency with the term ``exception'' as used in
Sec.  390.3(f) and removes confusion with the different meaning of the
word ``exemption'' as used in 49 CFR part 381, subpart C, and 49 CFR
391.62. The final rule adopts the proposed language.
    Section 391.23(a)(1) and (b). The final rule revises paragraphs
(a)(1) and (b) to use the terms ``State driver license agency'' and
``motor vehicle record'' to conform the language to the rule changes
noted above.
    Section 391.23(m). FMCSA proposed to add a new paragraph (m) that
specified employers must meet the Sec.  391.51(b)(7) requirement to
place the medical certification in the DQ file as part of the hiring
process. It also specified the exception for how the employer must
document medical certification for CDL drivers subject to part 391 to
comply with the long-existing requirement in Sec.  391.51(b)(7), and
that the employer must do this before allowing the driver to operate a
CMV.
    This paragraph makes it explicit that, in addition to substituting
the driver's CDLIS MVR for the medical examiner's certificate, FMCSA
will also change the timing of when the motor carrier must obtain and
place the MVR in the DQ file as part of the hiring process. All non-CDL
drivers will continue to be required to provide an original or copy of
the medical examiner's certificate to their employing motor carrier.
    The final rule adopts Sec.  391.23(m)(1) as proposed. It modifies
(m)(2) to clarify: (a) that the exception only applies to drivers
required to have a CDL under part 383; (b) that the medical examiner's
certificate receipt from the SDLA can be used by the employing carrier
for up to 15 days from the date stamp on the receipt; and (c) that if
the CDLIS MVR shows that the driver operates exclusively in excepted
commerce, no medical certification documentation is required.
    Section 391.25. The final rule adopts changes to: (1) Remove the
phrase ``into the driving record'' and add in its place a phrase ``to
obtain the motor vehicle record;'' (2) remove the phrase ``driving
record'' and add in its place the phrase ``motor vehicle record;'' and
(3) remove the phrase ``response from each State agency to the
inquiry'' and add in its place the phrase ``motor vehicle record.''
    Section 391.41(a). The Agency proposed to amend Sec.  391.41(a) to
delete the exception reference to Sec.  391.67, and add an exception
that CDL drivers subject to part 391 will be excluded from the
requirement to carry the medical examiner's certificate because their
current medical certification status information will be on the
electronic CDLIS driver record, and can be verified via CDLIS or NLETS
inquiries, and via the CDLIS MVR for drivers and employers. All non-CDL
drivers will continue to be required to provide an original or copy of
the medical examiner's certificate to their employing motor carrier who
must place it in the DQ file.
    In the final rule, FMCSA divides Sec.  391.41(a)(1) into paragraphs
(i) and (ii). The provision for non-CDL drivers to carry the medical
examiner's certificate becomes paragraph (a)(1)(i). Paragraph
(a)(1)(ii) cross-references the existing requirement on the medical
examiner's certificate that drivers with an exemption letter or SPE
certificate must also have in their possession the medical exemption
letter or the SPE certificate while on duty. Because this rule removes
the requirement for non-excepted, interstate CDL drivers to carry the
medical examiner's certificate, the final rule adds clarifying language
to Sec.  391.41(a)(2)(ii) to conform with the existing requirement for
such drivers to continue to be required to carry the medical exemption
letter or SPE certificate while on duty. For purposes of enforcement,
FMCSA establishes that the ``receipt'' (the date-stamped copy of the
medical examiner's certificate) is valid documentation of medical
certification as set forth in Sec.  391.43 for 15 days from the date
stamped on the receipt. Thus, if the CDLIS driver record has not yet
been updated to show the new medical certification, an enforcement
officer may accept the receipt as valid proof of certification for up
to 15 days from the date stamped on the receipt.
    Section 391.43(g). The Agency proposed to amend Sec.  391.43(g) to
remove the language that the medical examiner may provide a copy of the
medical examiner's certificate to the employing motor carrier, and to
add a requirement that the examiner should retain a copy of all
certificates for the duration of the certificate.
    In the final rule, FMCSA divided Sec.  391.43(g) into two
paragraphs. The first paragraph, (g)(1), provides a recommendation that
the medical examiner should provide drivers found to be physically
qualified with a medical examiner's certificate, and retains the
current regulatory language permitting medical examiners to also
provide a copy of the certificate to the employing motor carrier.
    The second paragraph, (g)(2), retains the Agency's NPRM recommended
retention period of 3 years for the medical examiner to keep the
certificate, and adds a new recommendation that medical examiners
should also retain the Medical Examination Report (Long Form) for at
least 3 years from the date of the driver's examination.
    Section 391.51. FMCSA proposed to update the requirements for what
must be contained in the DQ file regarding medical certification for
CDL drivers subject to part 391. For non-excepted, interstate CDL
drivers, FMCSA would no longer require them to carry a medical
examiner's certificate because the current status of their
certification would be electronically available to enforcement
personnel. Employers would fulfill the medical certificate
documentation requirement by using the driver's CDLIS MVR they are
already required to obtain from the SDLA and placing it in the DQ file.
    All CDL drivers may continue to provide the employing motor carrier
with a medical examiner's certificate until 5 years after the effective
date of this rule. After that date, a driver required to be medically
certified who does not have current medical certification status
information on the CDLIS MVR is not certified as physically qualified
under part 391. Section 391.51(b)(7) of the final rule allows employers
to use the date-stamped original or copy of the medical examiner's
certificate (i.e., the receipt given to the driver) up to 15 days from
the date of the receipt as proof of the driver's current medical
certification.

E. Summary Cost Benefit Analysis

Costs

    The regulatory evaluation describes and evaluates the requirements
contained in this final rule. This final rule does not change the
physical qualification standards of the FMCSRs or the medical advisory
criteria for determining whether a driver may be certified as
physically qualified to operate a CMV in interstate commerce. A number
of provisions modify the existing CDL procedures used to document the
driver's current medical certification status as a condition for him or
her obtaining or retaining a CDL. This documentation will also enable
motor carriers and enforcement personnel to verify the driver's medical
certification status.

    Under the final rule, before an SDLA issues, renews, updates, or
transfers a CDL for a driver who is not excepted from the part 391
physical qualification requirements, it must verify that the driver is
currently medically certified. The SDLA must post the driver's self-
certification and specified medical certificate information on the
CDLIS driver record. The SDLA must also include the medical
certification status information on all reports provided to persons
authorized to access information from the CDLIS driver record. This
includes those individuals using CDLIS and NLETS to make the inquiries,
as well as drivers and employing motor carriers requesting a CDLIS MVR.
Implementing this change will enable enforcement personnel to gain
electronic access to verify whether non-excepted, interstate CDL
drivers possess a medical certification status of ``certified'' during
roadside inspections or traffic stops. The SDLA is also required to
update the driver's medical certification status to ``not-certified''
if it expires. Finally, the SDLA must downgrade the CDL within 60 days
of the expiration of the medical certification.
    The changes promulgated in this final rule ensure that all CDL
drivers who are not excepted from the Federal physical qualification
requirements of part 391 and operate CMVs in interstate commerce will
have a medical certification status of ``certified'' prior to the State
issuing, renewing, upgrading, or transferring their CDL. It also allows
employers to verify the current medical certification status and
expiration date for covered CDL drivers they employ.
    It is anticipated that States will prefer mail or electronic
delivery of certifications from drivers rather than in-person delivery,
because these alternatives are expected to be less costly to both
States and drivers. However, nothing in this rule precludes each State
from developing more advanced ways of dealing with the requirements of
this rule. For example, SDLAs could establish an internet portal or
other IT solution to accomplish the submission of medical certification
forms. Each State is given the flexibility to develop its own method to
accept medical certifications that is easiest or least expensive for
that State.
    The regulatory evaluation for the NPRM described and evaluated
three possible alternatives to implement this rule. Alternative 1 would
require current medical certification status information to be listed
on the driver's license document for any driver holding a CDL who
intends to operate a CMV in non-excepted, interstate commerce. Thus,
the license document would have to be replaced every time a new medical
examiner's certificate was issued.
    Alternative 2 the preferred alternative (embodied in this rule),
would require States to be responsible for receiving, posting,
updating, and providing data from a medical examiner's certificate that
is received from an individual before the State issues, renews,
updates, or transfers a CDL for a driver who operates in non-excepted,
interstate commerce. Under this alternative, the current medical
certification status of ``certified'' or ``not-certified'' of the CDL
driver would be maintained on the CDLIS driver record, including other
information required by this rule, such as, whether a medical variance
was issued to the driver.
    Alternative 3 is similar to Alternative 2, except that, rather than
having drivers submit the certificate to their licensing State, FMCSA
would receive the medical examiner's certificate centrally through the
mail or via facsimile from drivers. The FMCSA would enter the data and
electronically transmit it to the licensing SDLA as a CDLIS
transaction.
    With regard to commenters reactions to the alternatives considered,
none of the commenters favored Alternative 1.
    The Illinois Secretary of State and the Michigan Department of
State supported Alternative 2. Michigan supports the State's handling
of data entry and the Agency's proposal that allows Michigan to retain
its 4-year license renewal cycle. Indiana agreed that they could go
along with this rule as proposed, but only as the first step toward
requiring nationwide implementation of an electronic audit program,
similar to one described in Indiana's September 2006 report to FMCSA. A
copy of the report is in the docket referenced at the beginning of this
notice. However, the Oregon DOT said that Alternative 2's process would
result in duplication across 51 locations using 51 different methods
that would add to the confusion of CMV operators. It believes that
processing all reports at a single point (Alternative 3's option) would
be more efficient and that FMCSA could establish an electronic means
for MEs to transmit reports and a system to process and verify ME
information.
    Five States (Ohio Bureau of Motor Vehicles, Virginia DMV,
Pennsylvania DOT, Oregon DOT, and New York DMV) supported Alternative
3. Support was largely based on the perception that Alternative 3 would
have less impact on the States and result in a more uniform and
efficient system.
    FMCSA agrees that Alternative 3 would have less impact on the
States. Efficiency might be improved by centralizing the collection of
the original medical examiner's certificate or hard copy, although the
Agency's analysis of processing costs for Alternative 3 indicate that
it may be somewhat more costly than having the States process these
forms.\8\ Assuming the two alternatives were cost-neutral. The costs
associated with processing the paper medical certificates would only be
transferred from the States to another entity. In general, the States
have systems in place to handle and process large volumes of paper for
such transactions, and should, therefore, already be realizing
substantial economies of scale in processing paper.
---------------------------------------------------------------------------

    \8\ See the full regulatory evaluation, pages 21-23, for an
explanation of how costs for Alternative 3 were estimated.
---------------------------------------------------------------------------

    In commenting on the NPRM, several States believe the Agency had
underestimated their cost of complying with this rule. Motor carriers
also note that the rule entails unforeseen costs to industry, which
were not dealt with in the Agency's NPRM Regulatory Evaluation. To
address State comments, the Agency hired a contractor, with an intimate
knowledge of State SDLA processes, to survey a sample of nine States to
verify the cost impact of this rule. Results from this survey are
presented below in Tables 1 and 2. Table 1 presents the one-time costs
associated with development of the medical certification program. Table
2 presents the ongoing costs that States would incur in administering
the program. The one-time costs are spread over the States' 3-year
implementation phase of the program. Ongoing costs recur on an annual
basis.

                         Table 1--One-Time Costs
------------------------------------------------------------------------
                                                             Estimated
                                                               costs
------------------------------------------------------------------------
Operational:
    Enabling Legislation................................        $326,608
    Storage of medical examiner's certificates..........       3,883,371
    Office Space and Equipment..........................       6,607,101
    Personnel Acquisition...............................          32,266
    Develop Training Materials/Conduct Initial Training.         514,338
Information Technology:
    Input and Inquiry Screens...........................       6,146,560
    Expanded Database...................................       1,563,932
    Expanded Inquiries--CDLIS, NLETS, MVR...............       5,820,137
    Expanded Reports....................................       3,750,755
    Expirations and Downgrades..........................       5,517,259
    Systems and User Acceptance Testing.................       1,664,850

    AAMVA Testing.......................................         589,821
                                                         ---------------
        Total One-Time Costs............................      36,416,999
------------------------------------------------------------------------

                         Table 2--Ongoing Costs
------------------------------------------------------------------------
                                                           All 51 state
                                                              average
------------------------------------------------------------------------
Operational:
    Medical Examiner's Certificates Storage Equipment         $1,425,739
     Maintenance........................................
    Office Space and Equipment Maintenance..............         350,619
    Processing and Entry of Medical Examiner's                12,901,409
     Certificates.......................................
    Exception Handling..................................       1,882,922
    Training............................................       1,164,836
    Letter Preparation and Mailing......................       3,959,555
Information Technology:
    Data Storage and Computer Processing................       1,111,420
                                                         ---------------
        Total Ongoing Costs.............................      22,796,502
------------------------------------------------------------------------

    Motor carriers also identified cost issues which were not
considered by the Agency in its original proposal. These costs involve
the requirement that motor carriers use the CDLIS MVR to verify driver
medical certification status. Motor carriers are required by current
regulations to obtain medical examiners' certificates for all non-
excepted, interstate drivers in their employ. Motor carriers must place
this documentation of driver medical certification in the DQ file and
retain it for 3 years from the date of issuance. Motor carriers may
currently obtain the medical certifications directly from drivers or
medical examiners.
    For CDL drivers under part 391, this rule will change how motor
carriers must obtain this documentation of medical certification. Now,
the motor carrier must obtain the medical certification status from the
SDLA on the driver's CDLIS MVR. In the NPRM, the Agency anticipated
that this process would not result in an extra cost to carriers because
they must already obtain an MVR for each driver they hire and annually
thereafter. However, motor carriers point out that the date of
expiration for a medical certification would not necessarily correspond
with the date of these record checks.
    For a CDL driver whose medical certification expiration date does
not correspond to the date of the carrier's MVR checks, the annual MVR
record check, required by Sec.  391.25, may have to be conducted
earlier. In this case, the motor carrier would incur approximately a $6
fee at an earlier point than would otherwise be the case. (The $6 fee
represents a weighted national average to obtain this document; see
below.) Assuming the driver must obtain either an annual or biennial
medical certification, once this earlier record check is completed, the
next record check would be required in 1 year.
    Driver turnover would be the biggest determining factor of any
extra costs to motor carriers. If the driver left the job after the
additional earlier record check, but before the first anniversary of
hiring the driver, the motor carrier would incur an additional fee that
would have otherwise been avoided.
    National Average Cost of MVR. FMCSA obtained MVR record charges for
each State as of 2005. These were combined with the number of CDL
pointers as of August 2007, for each of the 51 licensing jurisdictions
in the U.S., to calculate a weighted, national, average State MVR
charge. This weighted average is estimated at $6 per MVR. Given the
volume of these additional record checks, which are required by this
final rule and driver turnover, the new total cost to carriers is
estimated at $3 million annually.
    Table 3 below presents the revised costs associated with this
medical certification program. The 10-year costs of this alternative
are $154.4 million when discounted at 7 percent. These costs have also
been adjusted for inflation to 2005 dollars. The row indicating
industry costs includes both the cost to motor carriers, described
above, and the cost to drivers associated with mailing or faxing
medical certification forms to SDLAs. The State cost estimates reflect
the results of FMCSA's survey mentioned previously in this document.

                                                                   Table 3--Total Cost
                                                                 [Thousands of dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Years 7-
                                                                    Year 1     Year 2     Year 3     Year 4     Year 5     Year 6       10       Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
State One-Time Costs............................................    $11,411    $11,411    $11,411         $0         $0         $0         $0    $34,233
State Ongoing Costs.............................................          0          0          0     21,429     21,429     21,429     85,716    150,003
Industry Costs..................................................          0          0          0      2,500      5,000      5,000     20,000     32,500
                                                                 ---------------------------------------------------------------------------------------
    Total Costs.................................................     11,411     11,411     11,411     23,929     26,429     26,429    105,716    216,736
                                                                 =======================================================================================
Total Costs (7 percent discount rate)...........................     11,411     10,664      9,967     19,533     20,162     18,843     63,827    154,407
                                                                 ---------------------------------------------------------------------------------------
Total Costs (3 percent discount rate)...........................     11,411     11,078     10,756     21,898     23,482     22,798     84,742    186,165
--------------------------------------------------------------------------------------------------------------------------------------------------------

Benefits

    Agency research suggests that many medical conditions, if left
untreated, can result in driver impairment, and as a result, increase
the probability that a driver will be involved in a crash. The purpose
of the medical certification requirement is to ensure that drivers who
have medical conditions that may impair their ability to operate CMVs
safely are prevented from working in the truck driving occupation.
According to the Large Truck Crash Causation Study data, heart attack
or other physical impairment of the ability to respond was cited as the
critical reason for 2.2 percent of trucks involved in crashes where a
fatality or serious injury occurred. This corresponds to 4 percent of
involved trucks where the truck was at fault, or 3,000 crashes over the
33 month study period. This crash rate corresponds to a total of 1,090
crashes per year where a serious injury or fatality occurred. If this
percentage is extrapolated to crashes with less serious injuries or
where no injury occurred (property damage only), they produce an
estimated 8,138 crashes per year that are due to a medical problem
causing the driver to crash.

    Medical certifications violations are found in between 7 and 8
percent of driver roadside inspections, making them one of the most
commonly cited driver violations. Data from industry indicate that
approximately 7 percent of drivers fail the medical examination. This
violation is cited in approximately 6 percent of post crash
inspections, and evaluation of this post-crash inspection data
indicates that drivers with medical certification violations may pose
an increased crash risk when compared with drivers not cited with this
violation.
    In the Regulatory Evaluation that accompanied the NPRM for this
rule, the Agency presented one scenario under which these rule changes
could result in the prevention of 0.08 percent of crashes. These
benefits were expected to stem from a deterrent effect. Because the
drivers will be providing their medical examiners' certificates to a
State government official, rather than a motor carrier, they may be
less likely to engage in forgery. In addition, having electronic access
to identification information from the driver's medical examiner's
certificate should facilitate any investigations of fraud in the
medical certification system or process at both the State and Federal
level. The medical certification requirement is more likely to assist
in exposing drivers who engage in untruthful statements about their
medical certification status. Thus, certain types of fraud might be
deterred.
    This final rule also provides safety benefits by providing drivers
with a greater incentive to renew their medical certifications on time.
In the past, there was limited incentive for drivers or motor carriers
not to put off renewing medical certifications until well after the old
ones had expired. There were only minor penalties for driving with an
expired medical certification and it was probable that a driver could
escape detection. This violation of the FMCSRs was only detected if the
CMV was targeted for a roadside inspection or stopped for the driver's
violation of traffic laws and subjected to at least a Level III driver
inspection.
    Because of the SDLA's automated detection of expired medical
certificates, this rule will increase the possibility of a penalty for
the driver's failure to renew his or her medical certification on time.
As a result, it is expected that fewer drivers will let their medical
certifications lapse; and it should result in more timely renewal of
medical certifications. Consequently, more drivers who have medical
problems will be diagnosed and treated sooner than is the case under
current rules.
    FMCSA expects that an increased rate of timely renewal by CDL
drivers of medical certifications is likely to provide enhanced safety
benefits for the entire motor carrier industry. During the 2-year
renewal period between medical examinations (and, in some instances,
shorter renewal periods), some percentage of drivers will develop
medical conditions that make them physically unqualified to drive. For
instance, a driver may experience a decline in eyesight, or develop
high blood pressure, kidney problems, or heart problems. If these
drivers put off obtaining a new medical examination, they would remain
an increased safety risk for the public. However, if they are medically
examined on schedule, the medical conditions that have developed in the
interim can be discovered and treated effectively. Effective treatment
of the medical conditions would reduce the potential safety risk the
driver poses, and will yield safety benefits to the public in the form
of fewer crashes involving physically unqualified drivers operating
CMVs on our nation's highways. The Agency acknowledges that the level
of the safety benefits that would accrue from the changes in this
rulemaking is uncertain.
    The average crash involving a truck with a Gross Vehicle Weight
Rating (GVWR) of 26,000 pounds or more (the threshold weight rating for
a CDL) has been estimated to have a total societal cost of $165,350
(2005 dollars). This cost reflects the average value of damaged
property, medical care, injuries, and fatalities, and other costs
associated with the ``average'' large truck crash. Preventing a crash
thus yields $165,350 in benefits to the economy. Fatal crashes
involving trucks with a GVWR of 26,000 pounds or more have been
estimated to cost, on average, $7,377,417 per crash.
    Given these crash values, we can calculate the number of either the
average or fatal crashes that would have to be prevented for this rule
to break even. In order for this rule to break even after 10 years,
approximately 218 average crashes would need to be prevented in each
year beginning in year 4, assuming a discount rate of 7 percent. The
prevention of only 5 fatal crashes per year would also yield total net
benefits after 10 years. It is estimated that approximately 320,000
crashes involving CDL drivers occur per year, and that 4,800 of these
crashes are fatal crashes. The crash reduction benefits required for
this rule to be cost beneficial after 10 years correspond to a crash
reduction of 0.1 percent of average crashes per year and 0.2 percent of
fatal crashes per year.
    If the time horizon is extended to 20 years, and assuming a
discount rate of 7 percent, the crash benefit break even threshold
would be lower--only 191 average crashes or 5 fatal crashes would need
to be prevented each year. Extending the time horizon lowers the number
of crashes that would need to be prevented in later years because
benefits from this final rule would not begin accruing until year 4,
whereas costs accrue starting in year 1. A longer time horizon enables
a longer time for the later year benefits to make up for the costs
incurred in the planning and implementation phases for this rule.
    The latest research the Agency has conducted on the safety risk
posed by drivers operating in interstate commerce with medical
certification violations indicates that these drivers have an elevated
risk for a crash when compared with other drivers, and that the size of
this relative risk is 1.12. Approximately 7.8 percent of drivers have
medical certification violations at any one time. Evaluating costs and
benefits assuming this risk ratio, and a reduction in medical
certification violations of only 10 percent as a result of this rule,
yields a total annual benefit of 288 crashes avoided and annual
monetary benefits of $42.6 million. Over 10 years, this rule would have
discounted net benefits of approximately $28.7 million. Over 20 years,
net benefits would be approximately $90.4 million.

F. Rulemaking Analyses

Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures

    FMCSA determined this rulemaking is a significant regulatory action
within the meaning of Executive Order 12866, and is significant within
the meaning of Department of Transportation regulatory policies and
procedures. The final rule is significant because of the level of
congressional and public interest in the rule. The final rule has been
reviewed by the Office of the Secretary and the Office of Management
and Budget (OMB).
    This rulemaking requires States to obtain a self-certification from
the driver about which of the four (4) categories of driving the driver
will engage in: interstate; interstate, but excepted from the certain
Federal driver qualification requirements; intrastate; and, intrastate,
but excepted from State driver qualification requirements. It further
requires States to obtain documentation from all non-excepted,
interstate CDL drivers regarding their physical

qualification status and to provide the driver with a date-stamped
receipt for that documentation, indicating that the driver is
``certified'' before operating a CMV in interstate commerce. The States
are required to enter the driver's self-certification and the medical
certificate information onto the CDLIS driver record to be available to
Federal and State enforcement agencies via CDLIS or NLETS inquiries and
to drivers and employers via the CDLIS MVR.
    To implement this final rule, the States will incur development
costs. These include the cost to modify each State's information
systems to enable it to record the CDL driver's: (1) Self-Certification
he or she makes to the SDLA, and (2) information from the driver's
medical examiner's certificate. Operational costs to States include:
(1) Hiring and maintaining sufficient staff to receive these
certificates from all non-excepted, interstate CDL drivers, at least
every 2 years (in 31 percent of cases more often), and (2) performing
data entry functions to post specified information from the paper
medical examiner's certificates. State costs also include a requirement
to update the medical certification status to ``not-certified'' if it
expires, to notify the driver of a pending downgrade and to downgrade
the driver's CDL. There are also State costs to update the programs
that provide the following responses: CDLIS, CDLIS equivalent for
NLETS, and CDLIS MVR status and history to users authorized in 49 CFR
384.225(e). More details about these requirements are discussed under
the section titled, ``Executive Order 13132 (Federalism),'' below.

Regulatory Flexibility Act

    The Regulatory Flexibility Act requires Federal agencies to take
small businesses' particular concerns into account when developing,
writing, publicizing, promulgating, and enforcing regulations. To
achieve this goal, the Act requires that agencies explain how they have
met these concerns, by including a Regulatory Flexibility Analysis
(RFA). An RFA includes the following five elements:
    (1) A description of the reasons why action by the Agency is being
taken.
    The Agency has identified numerous instances in which drivers who
are physically unqualified or have failed to be medically examined have
obtained CDLs and operated CMVs in interstate commerce in violation of
Federal regulations. The Agency believes, and research suggests,\9\
that some physically unqualified drivers are significantly more likely
to be involved in motor vehicle crashes nationwide. The continued
operation of CMVs by physically unqualified drivers, therefore, poses a
significant risk to the health and safety of the general public. FMCSA
believes that the changes being implemented here would reduce the
number of large truck crashes that occur and the losses in property,
health, and lives that are associated with them.
---------------------------------------------------------------------------

    \9\ See for instance: Ogden, E.J.D., and Moskowitz, H.,
``Effects of Alcohol and Other Drugs on Driver Performance.''
Traffic Injury Prevention. 5:185-198, 2004.
    Terran-Santos, J., M.D., A. Jimenez-Gomez, M.D., J. Cordero-
Guevara, M.D., and the Cooperative Group Burgos-Santander, 1999.
``The Association Between Sleep Apnea and the Risk of Traffic
Accidents.'' New England Journal of Medicine. 340:11. pp. 847-851.
---------------------------------------------------------------------------

    (2) A succinct statement of the objectives of, and legal basis for,
the final rule.
    The objective of the final rule is to require interstate CDL
holders subject to the physical qualifications requirements of the
FMCSRS to provide a current original or a copy of their medical
examiner's certificate to their SDLA, and to require the SDLA to record
on the CDLIS driver record the driver's medical certification status.
To accomplish this, it is necessary to create the systems
infrastructure for States to electronically store and for Federal and
State enforcement personnel to retrieve medical certification status
information as part of the CDLIS driver record. This will enable the
status information to become part of the process of determining whether
to issue, renew, upgrade, transfer, or downgrade a CDL privilege. It
will also enable roadside and traffic enforcement personnel to easily
determine whether to place a driver out-of-service. This brings the CDL
process into compliance with both the authorization of Commercial Motor
Vehicle Safety Act (CMVSA) of 1986 and the requirements of section 215
of MCSIA, which requires FMCSA to initiate a rulemaking to provide for
a Federal medical qualification certificate to be made part of the CDL.
    (3) A description of and, where feasible, an estimate of the number
of small entities to which the final rule applies.
    The latest estimates from the Agency's Motor Carrier Management
Information System (MCMIS) database (February 2006) indicate that there
are a total of approximately 685,000 interstate motor carriers.
However, FMCSA analysts believe the number of truly ``active'' motor
carriers (i.e., those currently moving freight or passengers, operating
under their own authority, and with required filings on record with
FMCSA) is probably less than 500,000. Approximately 356,625 of them are
considered small entities and this rule applies to all that use CDL
drivers to operate CMVs in interstate commerce.
    The changes being implemented here will slightly reduce the
paperwork and documentation requirements on employing motor carriers.
This rule change enables motor carriers to obtain the driver's self-
certification for driving type, medical certification status and CDLIS
MVR from the licensing SDLA with one transaction and therefore reduces
the current reporting and recordkeeping requirements and burdens for
all motor carriers.
    However, States charge a fee for an MVR check. Although most motor
carriers would not have to conduct an extra record check for the
majority of drivers, in some circumstances, FMCSA agrees with them that
an extra record check would be necessary. We have calculated a weighted
average of State MVR check charges based on State charges as of 2005
and the total number of CDLIS records held by each State. On average,
an MVR record check costs a motor carrier $6. We calculate the cost of
the additional record checks that would result from this rule to be $3
million per year for the whole industry. Since smaller motor carriers
employ approximately 30 percent of drivers, we estimate that 30 percent
of these costs would fall on them. This amounts to approximately
$930,000 per year spread over the small entities in the industry, for
an average of $2.60 per small entity.
    (4) A description of the reporting, recordkeeping, and other
compliance requirements of the final rule, including an estimate of the
classes of small entities which would be subject to the requirements
and the type of professional skills necessary for preparation of the
report or record.
    This rule changes the source from which motor carriers gather
medical certification status for CDL drivers operating in commerce.
Motor carriers will obtain driver medical certification status
information for non-excepted, interstate CDL drivers from the driver's
SDLA, as part of the driver's CDLIS MVR that the motor carrier must
already collect when hiring a new driver. This rule also reduces
recordkeeping requirements for those drivers who must comply with the
requirements because they are no longer required to carry a copy of
their medical examiner's certificate with them while driving a CMV.
However, driver reporting requirements are increasing. Other than
excepted drivers, all other interstate CDL drivers who are subject to
part 391 will need to deliver a copy of their

mandated medical certification status documentation to their SDLA each
time they receive a new certificate, rather than provide their current
employing motor carrier with a copy of the medical certificate.
    (5) An identification, to the extent practicable, of all Federal
rules that may duplicate, overlap, or conflict with the final rule.
    This rule makes medical certification status information a part of
the commercial driver's license process. FMCSA is not aware of any
other regulations that duplicate, overlap, or conflict with the rule.
    The entire Regulatory Flexibility analysis is available in the
docket for this rule. FMCSA has determined that this rule will not have
a significant economic impact on a substantial number of small
entities.

Executive Order 12988 (Civil Justice Reform)

    This action meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Executive Order 13045 (Protection of Children)

    FMCSA analyzed this action under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. FMCSA
determined that this rulemaking does not concern an environmental risk
to health or safety that may disproportionately affect children.

Executive Order 12630 (Taking of Private Property)

    This rulemaking does not involve taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.

Executive Order 13132 (Federalism)

    This action was analyzed in accordance with the principles and
criteria contained in Executive Order 13132 (64 FR 43255, August 10,
1999). In compliance with Executive Order 13132, FMCSA provides to OMB
in a separately identified section of the preamble to the rulemaking a
``Federalism Summary Impact Statement (FSIS).'' The FSIS includes: (1)
A description of the extent of FMCSA's prior consultation with State
and local government officials; (2) a summary of the nature of their
concerns; (3) the Agency's position supporting the need to issue the
regulation; and (4) a statement of the extent to which the concerns of
State and local government officials have been met. Also, when FMCSA
transmits a draft final rule with Federalism implications to OMB for
review pursuant to Executive Order 12866, FMCSA includes a
certification from the Agency's Federalism official stating that FMCSA
has met the requirements of Executive Order 13132 in a meaningful and
timely manner.
    Nothing in this rule directly preempts any State law or regulation.
However, FMCSA believes this action has Federalism implications. For
States that choose to participate in the CDL program, this rule imposes
new and ongoing CDL program operational costs, beyond the development
and implementation phase, for which grant funds are not likely to be
available from FMCSA. The totally unfunded costs begin when States are
required to be in compliance with this rule's new requirements--3 years
after the effective date. The rule also limits State policymaking
discretion if the State chooses to issue CDLs in compliance with the
rule.
    FMCSA has consulted with States and local government officials on
these issues for many years, as described below. Thus, the requirements
of section 6 of the Executive Order regarding consultation have been
met for this rule.

Federalism Summary Impact Statement (FSIS)

    Over the years, State officials have been consulted on a variety of
possible approaches for addressing the issue of including the medical
certification information as part of the issuance and retention of
CDLs. An ANPRM on this subject was published July 15, 1994 (59 FR
36338). Comments to the ANPRM are in the docket, as is a summary of the
comments prepared by FMCSA. An Advisory Committee was convened for a
negotiated rulemaking. No rule resulted from those negotiations, but
materials from that Committee are included in the docket which
demonstrate the Agency's consultation efforts in this regard.
    Alternative models for implementing the 1999 congressional mandate
of section 215 of MCSIA were prepared by FMCSA and discussed with
AAMVA. AAMVA sought additional feedback from some of its members
regarding the models and provided their comments, which are included in
the docket. FMCSA funded a grant to the State of Indiana to conduct a
feasibility analysis of alternative approaches for meeting the
requirement of section 215. Their report from that feasibility analysis
is in the docket. FMCSA sent a letter to the States through the
National Governors Association advising them that an NPRM would be
published. In order to implement the proposed mandate, the States would
need to make changes to their CDL process and CDLIS implementations. A
copy of that letter is included in the docket for this rulemaking.
    In addition to consultation, State and local officials had an
opportunity to provide official comments on the NPRM, which was
published on November 16, 2006 (71 FR 66723). Because States believed
that FMCSA had underestimated the costs of its proposal, they requested
FMCSA to conduct a survey of States to collect additional information
on what costs the States would incur to implement and operate the
capabilities contained in the NPRM. In keeping within OMB guidelines
for information collections, FMCSA responded to the States' request by
conducting an information collection from a representative sample of
nine States to obtain that information. The report from that
information collection is in the docket.

Summary of the Nature of State and Local Government Officials' Concerns

    States have consistently expressed concern about the level of
resources that would be necessary to achieve compliance with whatever
alternative would be adopted as a CDL regulation. In their specific
comments to the docket, they stated their belief that their ongoing
operating costs for the proposed alternative are substantially higher
than estimated in the NPRM.
    An alternative that FMCSA discussed with the States as part of the
negotiated rulemaking would require States to obtain, review, and
approve the medical examination report (Long Form) as part of the CDL
program. That alternative would more explicitly address whether or not
a driver is physically qualified. Most State representatives in the
negotiated rulemaking opposed that proposal when it was discussed.
    Another alternative, examined in the Regulatory Impact Analysis for
this rule, was to make the medical examiner's certificate and the CDL
the same document. This alternative would require the driver to obtain
a new CDL each time the driver is reexamined by a medical examiner.
FMCSA determined that the costs of that approach would be very much
higher than the preferred alternative, because the medical examination
schedule (maximum duration of 2 years) is dramatically shorter than the
current CDL renewal

cycle (on average, approximately 5 years). The approximate 5-year CDL
renewal cycle would need to be shortened to require drivers to renew
their CDL, on average, much more often than every 5 years.
    Currently, 49 CFR 391.45 requires that all drivers not excepted
from the requirements of part 391 who operate CMVs in interstate
commerce must be medically examined and certified as physically
qualified at least once every 2 years. Section 391.45(c) essentially
requires an employer to have a driver medically reexamined at any time
the employer is concerned that the driver's ability to perform his or
her usual duties may be impaired. FMCSA guidance to medical examiners
says that drivers should be given less than a 2-year certification if
they have medical conditions that need more frequent monitoring. The
medical exemptions for vision and diabetes granted by FMCSA under 49
CFR part 381 require annual reexamination and recertification. A report
available from the American Trucking Research Institute documents that
there is a large turnover in employment among drivers.\10\ Each time a
driver changes his or her employer, the new employer has the
opportunity, as a condition of employment, to require a new medical
examination, and a number of larger carriers do so. Because of these
reasons, FMCSA estimates that at least 31 percent of the drivers
granted a 2-year medical examiner's certificate are required to obtain
at least one additional certificate during that 2-year period. This
estimate is higher than the 20 percent used in the NPRM, making the
number of drivers who must submit medical examiner's certificates to
the SDLAs even larger.
---------------------------------------------------------------------------

    \10\ ``Empty Seats and Musical Chairs: Critical Success Factors
in Truck Driver Retention'', Chapter III, prepared by the Gallup
Organization for the American Trucking Associations (ATA)
Foundation, October 1997. A copy of this report is available online
at http://www.atri-online.org/research/safety/images/Musical_
Chairs.pdf
---------------------------------------------------------------------------

    During the negotiated rulemaking, the States suggested another
alternative. As part of the requirement for each driver to submit
documentation of his or her physical qualification status in the form
of a medical examiner's certificate to the State, the State would only
record specified information from the medical examiner's certificate on
the CDLIS driver record, and would make no other changes to the
existing licensing processes. This alternative is far less intrusive on
existing CDL procedures used by the States than requiring the medical
certificate and the CDL license to be combined, and is the one FMCSA
will promulgate in this final rule.
    This final rule requires the driver to maintain a valid medical
certification status on his or her CDLIS driver record. All non-
excepted, interstate CDL drivers will accomplish this requirement by
providing their SDLA with a current federally required medical
examiner's certificate documenting their current medical certification
status, before the SDLA can issue, renew, upgrade, or transfer a CDL,
and every time the certificate expires.
    The SDLA must provide the driver with a date-stamped receipt for
the medical examiner's certificate and post the driver's self-
certification for driving type and the medical certification status
information on the CDLIS driver record within 10 business days of
receiving it. If the medical certification expires, the State is
required to update the medical certification status to ``not-
certified'' within 10 business days of expiration and downgrade the
driver's CDL within 60 days. This rule also revises procedures for how
employers and enforcement personnel verify a driver's current medical
certification status as part of their responsibilities.
    States are required to notify the driver of the impending CDL
downgrade as part of the process. This notification requirement is an
incremental addition to existing driver notification systems operated
by all States, but will increase the number of notifications they will
send out. However, because interstate CDL drivers are only a small
percentage of the total number of motor vehicle drivers that SDLAs
serve, the notification requirement imposed by this rule represents a
relatively small increase in the volume of driver notifications
required of States.

FMCSA Position Supporting Need To Issue This Regulation

    This new CDL requirement is congressionally authorized by the CMVSA
of 1986, and mandated by section 215 of MCSIA, which requires FMCSA to
initiate rulemaking to provide for a Federal medical qualification
certificate to be made a part of the commercial driver's license
program. This requirement is national in scope, directing regulation of
an aspect of safety for all CDL drivers who operate CMVs in non-
excepted, interstate commerce. This final rule establishes a
requirement for States to: (1) Obtain a medical examiner's certificate
from these non-excepted, interstate CDL drivers, (2) give the driver a
date stamped receipt, and (3) record specified medical certification
status information from the certificate within 10 business days,
documenting the driver's certification of physical qualification to
drive a CMV in interstate commerce. States are also required to
downgrade the CDL if the driver receives a medical certification of
``not-certified'' or fails to update his or her certification in a
timely manner.
    In developing this final rule, FMCSA intends for States to have the
maximum discretion to adjust their administrative processes and
determine how they choose to have the driver satisfy the minimum
medical certification documentation and CDL regulatory requirements set
forth in this rule. Through AAMVA, FMCSA works to develop and oversee
the technical details necessary for CDLIS to successfully operate in
compliance with the Agency's regulations. There is no preemption of
State law.
    To allow for development and implementation of the new CDLIS
capabilities, FMCSA will begin monitoring State compliance with the new
parts 383 and 384 requirements 3 years after the effective date of this
rule, as part of the standard State CDL compliance review process. If a
State is determined not to have implemented the minimum changes
required by this rule, the normal process will apply, as specified in
the CDL compliance regulations for notifying the State about potential
withholding of Federal-aid highway funds (49 CFR part 384).
    Similarly, States participating in MCSAP grants are already
required to have intrastate physical qualification programs compatible
with those specified in part 391. The ongoing State MCSAP compliance
reviews will verify whether the States have implemented intrastate
physical qualification programs in compliance with this rule as
required by the MCSAP grants. The normal process, specified in the
MCSAP compliance regulations for notifying the State about potential
withholding of MCSAP funds (49 CFR part 350, subpart B), will apply.
    FMCSA estimates the States will incur approximately the following
costs to implement, and then operate, the new procedures and CDLIS
capabilities required in this rule.

                      Table 4--Summary State Costs
------------------------------------------------------------------------
                                       Total national     Average cost/
                Year                        cost              State
------------------------------------------------------------------------
Year 1..............................       $11,411,000          $224,000
Year 2..............................        11,411,000           224,000
Year 3..............................        11,411,000           224,000
Continuing Years....................        21,429,000           420,000
------------------------------------------------------------------------

    FMCSA anticipates Federal funds will be available to assist only
with development and implementation of the mandated merger of the
medical certification and CDL processes, i.e., to assist in paying the
direct costs incurred by the States and local governments in developing
and implementing capabilities to comply with the regulation by the
compliance date (3 years after the effective date of this rule). No
grant funds are available to assist with ongoing operations.
    SAFETEA-LU provides two grant programs to assist the States in the
following: (1) Improving the CDL program, and (2) modernizing CDLIS as
required by 49 U.S.C. 31309(e)(1)(D). FMCSA will consult with AAMVA and
the States to include the CDLIS changes required by this rule as part
of the CDLIS modernization specifications. An additional possible
source of limited grant funds is the State MCSAP grant funds. (see 49
U.S.C. 31102). Expenses are allowable as part of these grant programs
for the implementation of these requirements to reach compliance by the
required effective date of the final rule. These are 80 percent Federal
grant funds, and 20 percent State matching funds that cannot come from
any other FMCSA grant.

State Operating Costs After Implementation

    Currently, FMCSA's CDL grant funds may not be used to support day-
to-day operating expenses of State licensing agencies. Therefore, CDL
grant funds are not authorized for assisting States with the ongoing
operating costs they will incur to comply with the requirements set
forth in this final rule. Beyond the compliance date, the Agency
assumes that States would adjust either their driver fees or their
authorized budgets to cover the new additional costs to remain in
compliance with these medical certification and CDL requirements.
Whether any such CDL State grant funds would be included in the FMCSA
reauthorization is unknown.

Statement of Extent to Which FMCSA Has Addressed the Concerns of State
and Local Government Officials

    The Agency is required to implement regulations to merge the
medical certification and CDL issuance and renewal processes in order
to meet the requirement of section 215 of MCSIA. FMCSA believes, that
within its funding limitations, the alternative selected for
implementing the congressional mandate of section 215 of MCSIA responds
to the concerns raised by State and local officials prior to and during
the Agency's development of this final rule to minimize unfunded
impacts on the States. During the rulemaking process, FMCSA provided
all affected State and local officials with notice and an opportunity
for appropriate participation in the proceedings. Based on the States'
requests to revisit the costs of this rule, the Agency initiated a
process to gather additional cost information from a group of selected
representative States to re-evaluate the economic burdens imposed on
them by the requirements. While the revised 10-year costs associated
with this medical certification program are estimated at $154.4 million
when discounted at 7 percent; FMCSA estimates that this rule will
result in the avoidance of 0.09 percent of the crashes involving trucks
with a GVWR of greater than 26,000 pounds, or approximately 288 crashes
per year, for a total of approximately $42.6 million in annual
undiscounted crash avoidance benefits, and a total 10 year benefit of
$183 million when discounted at 7 percent. The net benefit over 10
years is estimated at $28.7 million using a 7 percent discount rate.

Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 requires that agencies
prepare analyses of rules that would result in the expenditure by
State, local, and tribal governments, or by the private sector, of $100
million or more in any one year. Department of Transportation guidance
requires the use of a revised threshold figure of $136.1 million, which
is the value of $100 million in 2008 after adjusting for inflation.
FMCSA has determined that the impact of this rulemaking will not be
that large in any projected year.
    The estimated costs of this final rule are presented in the table
below. The estimated costs to States of this rule will not exceed $22
million in any 1 year. This figure is well below the $136.1 million
threshold used by the Department in making an unfunded mandate
determination.\11\ Total 5-year costs are estimated at $ 77 million, so
costs average nearly $15.4 million per year. This final rule will not
impose a Federal mandate resulting in the net expenditures by State,
local, or tribal governments, in the aggregate, or by the private
sector, of $136.1 million or more (adjusted annually for inflation) in
any 1 year (2 U.S.C. 1531, et seq.).
---------------------------------------------------------------------------

    \11\ Memorandum titled: Departmental Guidance: Threshold of
Significant Regulatory Actions Under the Unfunded Mandates Reform
Act of 1995, From Assistant Secretary for Transportation Policy,
April 5, 2004.

                                                           Table 5--State Costs of Final Rule
                                                                 [Thousands of dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Year 1          Year 2          Year 3          Year 4          Year 5           Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
 State One-Time Costs...................................         $11,411         $11,411         $11,411              $0              $0         $34,233
 State Ongoing Costs....................................               0               0               0          21,429          21,429          42,858
                                                         -----------------------------------------------------------------------------------------------
    5 Year Total........................................  ..............  ..............  ..............  ..............  ..............          77,091
--------------------------------------------------------------------------------------------------------------------------------------------------------

Executive Order 12372 (Intergovernmental Review)

    The regulations implementing Executive Order 12372 regarding
intergovernmental consultation on Federal programs and activities do
not apply to this program.

Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-
3520), a Federal Agency must obtain approval from OMB for each
collection of information it conducts, sponsors, or requires through
regulations. FMCSA analyzed this rule and determined that its
implementation will increase the currently approved information
collection burdens covered by OMB Control No. 2126-0006, titled
``Medical Qualification Requirements,'' and OMB Control No. 2126-0011,
titled ``Commercial Driver Licensing and Test Standards.'' Table 6
below captures the current and future paperwork burden hours associated
with the two approved Medical and CDL information collections.

                           Table 6--Current and Future Information Collection Burdens
----------------------------------------------------------------------------------------------------------------
                                                              Annual burden
                   OMB Approvals Number                      hours currently    Future change     Future annual
                                                                approved        burden hours      burden hours
----------------------------------------------------------------------------------------------------------------
 2126-0006................................................         1,541,534           141,167         1,682,701
2126-0011.................................................         1,391,456                0*         1,391,456
                                                           -----------------------------------------------------
     Totals...............................................         2,932,990           141,167         3,074,157
----------------------------------------------------------------------------------------------------------------
* This future burden hour estimate for the CDL IC covers only years 1-3. Table 7 below covers the burden hour
  estimates for the CDL IC during years 1-3 and subsequent years.

    Below is an explanation of how each of the two information
collections shown above will be impacted by this rule.
    2126-0006 Medical Qualification Requirement. This rulemaking will
increase slightly the information collection burden associated with the
medical qualification requirement. The increase noted is attributed to
FMCSA's adjustment of its estimate of the total number of medical
examinations and the associated burden hours from 1,541,534 to
1,682,701 hours, and the new requirement for motor carriers to maintain
a copy of the vision or diabetes exemption in the driver qualification
file. Currently, FMCSA manages vision and diabetes exemption programs
under its authority provided at 49 U.S.C. 31136(e) and 31315. Drivers
who are granted an exemption are required under the terms and
conditions of the exemption programs to carry on their person a copy of
the exemption when on duty. Motor carriers are also required to
maintain a copy of the exemption that may be granted from the physical
qualifications standards in the driver's DQ file.
    FMCSA notes that the final rule revises the method by which motor
carriers maintain a copy of the medical examiner's certificate in the
CDL driver's DQ file by substituting use of the CDLIS MVR they already
must obtain. Although the final rule increases the time the SDLA must
maintain a copy of the CDL driver's medical examiner's certificate from
6 months to three years from the date of issuance, the information
collection burden reductions for motor carriers are offset by the
information collection burden increases for the SDLAs. The Agency will
retain the requirement for a carrier to place a copy of the non-CDL
driver's medical certificate in the DQ file so that portion of the
information collection burden remains unchanged.
    2126-0011, Commercial Driver Licensing and Test Standards. This
information collection supports the DOT Strategic Goal of Safety by
requiring that CDL drivers of CMVs subject to part 391 are properly
licensed according to all applicable Federal requirements. The
information being collected ensures that CDL drivers are qualified to
hold a CDL and operate CMVs, and that States are administering their
CDL programs in compliance with the Federal requirements.
    For non-excepted CDL drivers, there is a new requirement that SDLAs
must collect documentation and post the current medical certification
information on the CDLIS driver record.
    A non-excepted, interstate driver applicant, applying for a CDL for
the first time, is required to provide an original or a copy of the
medical examiner's certificate to the SDLA before it issues the CDL.
The SDLA then posts the information from the medical examiner's
certificate to the driver's CDLIS driver record for electronic access
by authorized State and Federal personnel via CDLIS and NLETS; and for
drivers and employing motor carriers via the CDLIS MVR. When the driver
renews, updates, or transfers the CDL, the SDLA must verify the
driver's self-certification for the type of driving operations he or
she intends to conduct. If the driver specified non-excepted,
interstate driving, then he or she must obtain a medical certification
status of ``certified,'' before the SDLA can honor the driver's
requested CDL licensing action.
    In addition to providing the documentation of physical
qualification status to the SDLA for the initial application for a CDL,
whenever a non-excepted, interstate CDL driver renews his or her
medical certification (because it is about to expire, or there is a
change in the driver's medical condition, or because a new medical
examination is requested by his or her employer) the driver must
provide an original or copy of the new medical examiner's certificate
to the SDLA. It is expected that the driver will mail or perhaps fax
the certificate to the SDLA, if this latter option is determined to be
a viable alternative by the State. The SDLA must then post the new
medical examiner's certificate information to the electronic CDLIS
driver record within 10 business days of receipt of the certificate.
    If a non-excepted, interstate CDL driver is no longer medically
certified, the SDLA will be required to notify the driver that the SDLA
is initiating a downgrade proceeding. In this instance, the SDLA must
update the driver's medical certification status on the CDLIS driver
record within 10 business days from ``certified'' to ``not-certified.''
The SDLA will proceed with established State procedures for downgrading
the CDL privilege. The process must be completed and recorded on the
CDLIS driver record by the State within 60 days of the driver's medical
certification expiration date.
    The States must be in compliance with this rule by 3 years after
the effective date. Thus, for the first 3 years after the rule takes
effect there will be

no required change in the total annual burden hours due to this new
medical certification/CDL program change. During these 3 years, the
SDLAs will, however, incur a combined one-time estimated cost of
$36,416,999 to develop legislation and make systems revisions in order
to accommodate the recordkeeping requirements of this new rule. This
includes development of capabilities to record information from the
medical examiner's certificate onto the CDLIS driver record. It also
includes updating all necessary systems to provide medical
certification status information as part of the responses to inquiries
by all users authorized under 49 CFR 394.225(e).
    Starting in the 4th and subsequent years, there is an increase in
total annual burden hours due largely to the CDL holders having to
provide the State with their driver qualification certification,
interstate CDL holders providing their medical examiner certificate to
the State and the State recording this information on CDLIS.
    The major assumptions used for calculating the information
collection annual burden hours include the following: (1) Currently,
approximately 10 percent of the 12.8 million (or 1.28 million) CDLIS
driver records concern inactive driver records; (2) it will take 3
years for States to pass legislation and make the necessary system
revisions before the first medical certificate would be posted to the
CDLIS driver record; and (3) there are approximately 8.52 million
interstate CDL holders.
    The following table 7 summarizes the annual burden hours for
current and future information collection activities for the first 3
years and the 4th and subsequent years. The currently-approved total
annual burden of 1,391,456 hours for the first 3 years remains
unchanged. The increase in the future total annual burden of 211,910
hours in subsequent years is due to the program changes implementing
the new requirements as described above. A detailed analysis of the
annual burden hour changes for each information collection activity can
be found in the Supporting Statement of OMB Control Number 2126-0011.

                           Table 7--Current and Future Information Collection Burdens
----------------------------------------------------------------------------------------------------------------
                                                                                Future annual     Future annual
                                                                Currently     burden hours for  burden hours for
 Current and future information collection activities for    approved annual    first 3 years   subsequent years
                  states and CDL drivers                      burden hours        (program           (program
                                                                                adjustment)         change)
----------------------------------------------------------------------------------------------------------------
State to obtain and record the medical certificate                         0                 0           205,333
 information..............................................
State recording of medical certification status...........                 0                 0             3,984
State to verify the medical certification status of all                    0                 0             2,593
 interstate CDL drivers...................................
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
State to complete compliance review documents.............             2,400             2,400             2,400
CDLIS recordkeeping.......................................           212,224           212,224           212,224
Drivers to complete the CDL application...................            48,000            48,000            46,000
CDL Tests Recordkeeping...................................            84,000            84,000            84,000
                                                           -----------------------------------------------------
    Total Current Burden..................................         1,391,456         1,391,456         1,603,366
----------------------------------------------------------------------------------------------------------------

National Environmental Policy Act

    The Agency analyzed this final rule for the purpose of the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.) and
determined under our environmental procedures Order 5610.1, published
March 1, 2004 (69 FR 9680), that this action is covered by a
Categorical Exclusion (CE) under Appendix 2, paragraph 6(t) in the
Order from further environmental documentation. The CE relates to
regulations that ensure States comply with the provisions of the CMVSA
of 1986 by having appropriate laws, regulations, programs, policies,
procedures, and information systems concerning the qualification and
licensing of persons who apply for, and are issued, a commercial
driver's license. In addition, the Agency believes that the action
includes no extraordinary circumstances that would have any effect on
the quality of the environment. Thus, FMCSA determines that the action
does not require an environmental assessment or an environmental impact
statement.
    The Agency analyzed this rule under section 176(c) of the Clean Air
Act (CAA), as amended (42 U.S.C. 7401 et seq.), and implementing
regulations promulgated by the Environmental Protection Agency. This
action is exempt from the CAA's general conformity requirement since it
involves rulemaking and policy development and issuance. (Refer to 40
CFR 93.153(c)(2).) It will not result in any emissions increase, nor
will it have any potential to result in emissions that are above the
general conformity rule's de minimis emission threshold levels.
Moreover, it is reasonable that the rule will not increase total CMV
mileage, change the routing of CMVs, how CMVs operate, or the CMV fleet
mix of motor carriers. Interstate drivers who are not operating CMVs in
excepted service are currently required to obtain and maintain medical
certification as proof they meet the physical qualification standards
of 49 CFR part 391. This rulemaking establishes a requirement for
States to record documentation of that physical qualification on the
CDLIS driver record, which is accessible to FMCSA and State licensing
and enforcement agencies through CDLIS, the CDLIS equivalent for NLETS,
and to drivers and employers on the CDLIS MVR.

Executive Order 12898 (Environmental Justice)

    FMCSA considered the environmental effects of this final rule in
accordance with Executive Order 12898 and DOT Order 5610.2 on
addressing Environmental Justice for Minority Populations and Low-
Income Populations, published April 15, 1997 (62 FR 18377) and
determined that there are no environmental justice issues associated
with this rule nor any collective environmental impact resulting from
its promulgation. Environmental justice issues would be raised if there
were ``disproportionate'' and ``high and adverse impact'' on

minority or low-income populations. None of the regulatory alternatives
considered in this rulemaking will result in high and adverse
environmental impacts.

Executive Order 13211 (Energy Effects)

    FMCSA analyzed this action under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. The Agency determined that implementation of this
rule will not result in a ``significant energy action'' under that
executive order because it will not be economically significant and
will not be likely to have a significant adverse effect on the supply,
distribution, or use of energy.

Privacy Impact Assessment

    FMCSA conducted a privacy impact assessment of this final rule as
required by section 522(a)(5) of division H of the Fiscal Year 2005
Omnibus Appropriations Act, Public Law 108-447, 118 Stat. 3268
(December 8, 2004) [set out as a note to 5 U.S.C. 552a]. The assessment
considers any impacts of the final rule on the privacy of information
in an identifiable form and related matters. FMCSA determined that this
initiative will not create any impacts on privacy of information
associated with implementation of this rule. The entire privacy impact
assessment is available in the docket for this final rule.

List of Subjects

49 CFR Part 383

    Administrative practice and procedure, Highway safety, and Motor
carriers.

49 CFR Part 384

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

49 CFR Part 390

    Motor carriers, Reporting and recordkeeping requirements, Safety.

49 CFR Part 391

    Motor carriers, Reporting and recordkeeping requirements, Safety.

0
In consideration of the foregoing, FMCSA amends parts 383, 384, 390 and
391 of title 49, Code of Federal Regulations, as follows:

PART 383--COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND
PENALTIES

0
1. Revise the authority citation for part 383 to read as follows:

    Authority: 49 U.S.C. 521, 31136, 31301 et seq., and 31502; secs.
214 and 215 of Pub. L. 106-159, 113 Stat. 1766, 1767; sec. 1012(b)
of Pub. L. 107-56; 115 Stat. 397; sec. 4140 of Pub. L. 109-59, 119
Stat. 1144, 1726; and 49 CFR 1.73.

0
2. Amend Sec.  383.5 by adding definitions for ``CDL Downgrade'' and
``CDLIS driver record'' in alphabetical order to read as follows:

Sec.   383.5 Definitions.

* * * * *
    CDL downgrade means either:
    (1) A State allows the driver to change his or her self-
certification to interstate, but operating exclusively in
transportation or operation excepted from part 391, as provided in
Sec.  390.3(f), 391.2, 391.68 or 398.3 of this chapter;
    (2) A State allows the driver to change his or her self-
certification to intrastate only, if the driver qualifies under that
State's physical qualification requirements for intrastate only;
    (3) A State allows the driver to change his or her certification to
intrastate, but operating exclusively in transportation or operations
excepted from all or part of the State driver qualification
requirements, or
    (4) A State removes the CDL privilege from the driver license.
    CDLIS driver record means the electronic record of the individual
CDL driver's status and history stored by the State-of-Record as part
of the Commercial Driver's License Information System (CDLIS)
established under 49 U.S.C. 31309.
* * * * *

0
3. Amend Sec.  383.71 by revising paragraph (a) and adding paragraphs
(g) and (h) to read as follows:

Sec.  383.71  Driver application and certification procedures.

    (a) Initial Commercial Driver's License. Prior to obtaining a CDL,
a person must meet the following requirements:
    (1)(i) Initial Commercial Driver's License Applications Submitted
Prior to January 30, 2012. Any person applying for a CDL prior to
January 30, 2012 must meet the requirements set forth in paragraphs
(a)(2) through (a)(9) of this section, and make the following
applicable certification in paragraph (a)(1)(i)(A) or (B) of this
section:
    (A) A person who operates or expects to operate in interstate or
foreign commerce, or is otherwise subject to 49 CFR part 391, must
certify that he/she meets the qualification requirements contained in
part 391 of this title; or
    (B) A person who operates or expects to operate entirely in
intrastate commerce and is not subject to part 391, is subject to State
driver qualification requirements and must certify that he/she is not
subject to part 391.
    (ii) Initial Commercial Driver's License Applications Submitted On
or After January 30, 2012. Any person applying for a CDL on or after
January 30, 2012 must meet the requirements set forth in paragraphs
(a)(2) through (a)(9), and (h) of this section, and make one of the
following applicable certifications in paragraph (a)(ii)(A) or (B) of
this section:
    (A) Non-excepted interstate. A person must certify that he or she
operates or expects to operate in interstate commerce, is both subject
to and meets the qualification requirements under 49 CFR part 391, and
is required to obtain a medical examiner's certificate by Sec.  391.45
of this chapter;
    (B) Excepted interstate. A person must certify that he or she
operates or expects to operate in interstate commerce, but engages
exclusively in transportation or operations excepted under 49 CFR
390.3(f), 391.2, 391.68 or 398.3 from all or parts of the qualification
requirements of 49 CFR part 391, and is therefore not required to
obtain a medical examiner's certificate by 49 CFR 391.45 of this
chapter;
    (C) Non-excepted intrastate. A person must certify that he or she
operates only in intrastate commerce and therefore is subject to State
driver qualification requirements; or
    (D) Excepted intrastate. A person must certify that he or she
operates in intrastate commerce, but engages exclusively in
transportation or operations excepted from all or parts of the State
driver qualification requirements.
* * * * *
    (g) Existing CDL Holder's Self-Certification. Every person who
holds a CDL must provide to the State on or after January 30, 2012, but
not later than January 30, 2014 the certification contained in Sec.
383.71(a)(1)(ii).
    (h) Medical Certification Documentation Required by the State. An
applicant or CDL holder who certifies to non-excepted, interstate
driving operations according to Sec.  383.71(a)(1)(ii)(A) must comply
with applicable requirements in paragraphs (h)(1) through (3) of this
section:
    (1) New CDL applicants. After January 30, 2012, a new CDL applicant
who certifies that he or 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 Sec.  390.5 of this chapter, and

the State will post a certification status of ``certified'' on the
Commercial Driver's License Information System (CDLIS) driver record
for the driver;
    (2) Existing CDL holders. By January 30, 2014, provide the State
with an original or copy (as required by the State) of a current
medical examiner's certificate prepared by a medical examiner, as
defined in 49 CFR 390.5, and the State will post a certification status
of ``certified'' on CDLIS driver record for the driver. If the non-
excepted, interstate CDL holder fails to provide the State with a
current medical examiner's certificate, the State will post a
certification status of ``not-certified'' in the CDLIS driver record
for the driver, and initiate a CDL downgrade following State procedures
in accordance with section 383.73(j)(4); and
    (3) Maintaining the medical certification status of ``certified.''
In order to maintain a medical certification status of ``certified,''
after January 30, 2012, a CDL holder who certifies that he or 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.

0
5. Amend Sec.  383.73 by:
0
a. Adding paragraph (a)(3)(v);
0
b. Redesignating existing paragraph (a)(5) as (a)(6);
0
c. Adding a new paragraph (a)(5);
0
d. Removing the ``and'' from the end of paragraph (b)(4)(ii);
0
e. Removing the period and adding ``; and'' at the end of paragraph
(b)(5);
0
f. Adding paragraph (b)(6);
0
g. Removing ``and'' at the end of paragraph (c)(3);
0
h. Removing the period and adding ``; and'' at the end of paragraph
(c)(4);
0
i. Adding paragraph (c)(5);
0
j. Removing ``and'' at the end of paragraph (d)(1);
0
k. Removing the period and adding ``; and'' at the end of paragraph
(d)(2); and
0
l. Adding paragraphs (d)(3) and (j).
    The additions read as follows:

Sec.  383.73  State procedures.

    (a) * * *
    (3) * * *
    (v) Beginning January 30, 2012, a check that the medical
certification status of a driver that self-certified according to Sec.
383.71(a)(1)(ii)(A) (non-excepted interstate) is ``certified;''
* * * * *
    (5) Beginning January 30, 2012, for drivers who certified their
type of driving according to Sec.  383.71(a)(1)(ii)(A) (non-excepted
interstate) and, if the CDL driver submits a current medical examiner's
certificate, provide the driver with a receipt, which is a date-stamped
original or copy of 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 (j) of this section.
* * * * *
    (b) * * *
    (6)(i) Beginning January 30, 2012, verify from the CDLIS driver
record that that the medical certification status of driver is
``certified'' for those who certified according to Sec.
383.71(a)(1)(ii)(A).
    (ii) Exception. A driver who certified according to Sec.
383.71(a)(1)(ii)(A) that he or she plans to operate in non-excepted
interstate commerce may present a current medical examiner's
certificate issued prior to January 30, 2012. The medical examiner's
certificate provided by the driver must be posted to the CDLIS driver
record in accordance with paragraph (j) of this section.
    (c) * * *
    (5)(i) Beginning January 30, 2012, verify from the CDLIS driver
record that the medical certification status is ``certified'' for
drivers who self-certified according to Sec.  383.71(a)(1)(ii)(A).
    (ii) Exception. A driver who certified according to Sec.
383.71(a)(1)(ii)(A) may present a current medical examiner's
certificate issued prior to January 30, 2012. The medical examiner's
certificate provided by the driver must be posted to the CDLIS driver
record in accordance with paragraph (j) of this section.
    (d) * * *
    (3)(i) Beginning January 30, 2012, verify from the CDLIS driver
record that the medical certification status is ``certified'' for
drivers who self-certified according to Sec.  383.71(a)(1)(ii)(A).
    (ii) Exception. A driver who certified according to Sec.
383.71(a)(1)(ii)(A) may present a current medical examiner's
certificate issued prior to January 30, 2012. The medical examiner's
certificate provided by the driver must be posted to the CDLIS driver
record in accordance with paragraph (j) of this section.
* * * * *
    (j) Medical recordkeeping. (1) Status of CDL Holder. Beginning
January 30, 2012, for each operator of a commercial motor vehicle
required to have a commercial driver's license, the current licensing
State must:
    (i) Post the driver's self-certification of type of driving under
Sec.  383.71(a)(1)(ii),
    (ii) Retain the original or a copy of the medical certificate of
any driver required to provide documentation of physical qualification
for 3 years beyond the date the certificate was issued, and
    (iii) Post the information from the medical examiner's certificate
within 10 business days to the CDLIS driver record, including:
    (A) Medical examiner's name;
    (B) Medical examiner's telephone number;
    (C) Date of medical examiner's certificate issuance;
    (D) Medical examiner's license or certificate number and the State
that issued it;
    (E) Medical examiner's National Registry identification number (if
the National Registry of Medical Examiners, mandated by 49 U.S.C.
31149(d), requires one);
    (F) The indicator of medical certification status, i.e.,
``certified'' or ``not-certified'';
    (G) Expiration date of the medical examiner's certificate;
    (H) Existence of any medical variance on the medical certificate,
such as an exemption, Skill Performance Evaluation (SPE) certification,
or grandfather provisions;
    (I) Any restrictions (e.g., corrective lenses, hearing aid,
required to have possession of an exemption letter or SPE certificate
while on-duty, etc.); and
    (J) Date the medical examiner's certificate information was posted
to the CDLIS driver record.
    (2) Status update. Beginning January 30, 2012, the State must,
within 10 calendar days of the driver's medical certification status
expiring or a medical variance expiring or being rescinded, update the
medical certification status of that driver as ``not-certified.''
    (3) Variance update. Beginning January 30, 2012, 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.
    (4) Downgrade. (i) Beginning January 30, 2012, if a driver's
medical certification or medical variance expires, or FMCSA notifies
the State that a medical variance was removed or rescinded, the State
must:
    (A) Notify the CDL holder of his or her CDL ``not-certified''
medical certification status and that the CDL privilege will be removed
from the driver license unless the driver submits a current medical
certificate and/or medical variance, or changes his or her self-
certification to driving only in excepted or intrastate commerce (if
permitted by the State);

    (B) Initiate established State procedures for downgrading the
license. The CDL downgrade must be completed and recorded within 60
days of the driver's medical certification status becoming ``not-
certified'' to operate a CMV.
    (ii) Beginning January 30, 2014, if a driver fails to provide the
State with the certification contained in Sec.  383.71(a)(1)(ii), or a
current medical examiner's certificate if the driver self-certifies
according to 383.71(a)(1)(ii)(A) that he or she is operating in non-
excepted interstate commerce as required by Sec.  383.71(h), the State
must mark that CDLIS driver record as ``not-certified'' and initiate a
CDL downgrade following State procedures in accordance with paragraph
(j)(4)(i)(B) of this section.
    (5) FMCSA Medical Programs is designated as the keeper of the list
of State contacts for receiving medical variance information from
FMCSA. Beginning January 30, 2012, States are responsible for insuring
their medical variance contact information is always up-to-date with
FMCSA's Medical Programs.

0
6. Revise Sec.  383.95 to read as follows:

Sec.  383.95  Restrictions.

    (a) Air Brake Restrictions. (1) If an applicant either fails the
air brake component of the knowledge test, or performs the skills test
in a vehicle not equipped with air brakes, the State must indicate on
the CDL, if issued, that the person is restricted from operating a CMV
equipped with air brakes.
    (2) For the purposes of the skills test and the restriction, air
brakes shall include any braking system operating fully or partially on
the air brake principle.
    (b) Medical Variance Restrictions. If the State is notified
according to Sec.  383.73(j)(3) that the driver has been issued a
medical variance, the State must indicate the existence of such a
medical variance on the CDLIS driver record and the CDL document, if
issued, using the restriction code ``V'' indicating there is
information about a medical variance on the CDLIS driver record. NOTE:
In accordance with the agreement between Canada and the United States
(see footnote to Sec.  391.41), drivers with a medical variance
restriction code on their commercial driver license are restricted from
operating a CMV in the other country.

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

0
7. Revise the authority citation for 49 CFR part 384 to read as
follows:

    Authority: 49 U.S.C. 31136, 31301 et seq., and 31502; secs. 103
and 215 of Pub. L. 106-159, 113 Stat. 1753, 1767; and 49 CFR 1.73.

0
8. Amend Sec.  384.105(b) by adding in alphabetical order the
definition for ``CDLIS motor vehicle record'' to read as follows:

Sec.  384.105  Definitions.

* * * * *
    (b) * * *
    CDLIS motor vehicle record (CDLIS MVR) means a report generated
from the CDLIS driver record meeting the requirements for access to
CDLIS information and provided by States to users authorized in Sec.
384.225(e)(3) and (4), subject to the provisions of the Driver Privacy
Protection Act, 18 U.S.C. 2721-2725.
* * * * *

0
9. Revise Sec.  384.107(b) and (c) to read as follows:

Sec.  384.107  Matter incorporated by reference.

* * * * *
    (b) Materials incorporated. The AAMVA, Inc.'s ``Commercial Driver
License Information System (CDLIS) State Procedures Manual,'' Version
4.1.0, September 2007 (``CDLIS State Procedures Manual''), IBR approved
for Sec. Sec.  384.225(f) and 384.231(d).
    (c) Addresses. (1) All of the materials incorporated by reference
are available for inspection at:
    (i) The Department of Transportation Library, 1200 New Jersey Ave.,
SE., Washington, DC 20590-0001; telephone is<PHONE_NUMBER>. These
documents are also available for inspection and copying as provided in
49 CFR part 7.
    (ii) The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_
federal_regulations/ibr_locations.html.
    (2) Information and copies of all of the materials incorporated by
reference may be obtained by writing to: American Association of Motor
Vehicle Administrators, Inc., 4301 Wilson Blvd, Suite 400, Arlington,
VA 22203; Web site is http://www.aamva.org.

0
10. Amend Sec.  384.206 by:
0
a. Removing the phrase ``driving record'' and adding in its place
``driver record'' wherever it occurs in paragraphs (a)(2)(ii) and
(iii); and
0
b. Revising paragraphs (a)(1) and (b) to read follows:

Sec.  384.206  State record checks.

    (a) Required checks--(1) Issuing State's records. Before issuing,
renewing, upgrading, or transferring a CDL to any person, the driver's
State of record must, within the period of time specified in Sec.
384.232, check its own records as follows:
    (i) The driver record of the person in accordance with Sec.
383.73(a)(3)(i) of this chapter; and
    (ii) For a driver who certifies that his or her type of driving is
not-excepted, interstate commerce according to Sec.
383.71(a)(1)(ii)(A) of this chapter, the medical certification status
information on the person's CDLIS driver record.
* * * * *
    (b) Required action. Based on the findings of the State record
checks prescribed in this section, the State of record must do one of
the following as appropriate:
    (1) Issue, renew, upgrade or transfer the applicant's CDL;
    (2) In the event a State obtains adverse information regarding the
applicant, promptly implement the disqualifications, licensing
limitations, denials, or penalties that are called for in any
applicable sections of this subpart; or
    (3) In the event there is no information regarding the driver's
self-certification for driving type that is required by Sec.
383.71(a)(1)(ii), or for a driver who is required by Sec.  383.71(h) to
be ``certified;'' if the medical certification status of the individual
is ``not-certified,'' the State must deny the CDL action requested by
the applicant and initiate a downgrade of the CDL, if required by Sec.
383.73(j)(4) of this chapter.

Sec.  384.208   [Amended]

0
11. Amend Sec.  384.208(b) by removing the phrase ``driver's record''
and adding in its place the phrase ``CDLIS driver record''.

0
12. Amend Sec.  384.225 by:
0
a. Revising the heading of the section to read as set forth below;
0
b. Removing the term ``driver history'' wherever it occurs and adding
in its place the term ``CDLIS driver record''; and
0
c. Revising paragraphs (a) and (e) and adding a new paragraph (f) to
read as follows:

Sec.  384.225  CDLIS driver recordkeeping.

* * * * *
    (a) CDL holder. Post and maintain as part of the CDLIS driver
record:
    (1) All convictions, disqualifications and other licensing actions
for

violations of any State or local law relating to motor vehicle traffic
control (other than a parking violation) committed in any type of
vehicle.
    (2) Medical certification status information.
    (i) Driver self-certification for the type of driving operations
provided in accordance with Sec.  383.71(a)(1)(ii) of this chapter, and
    (ii) Information from medical certification recordkeeping in
accordance with Sec.  383.73(j) of this chapter.
* * * * *
    (e) Only the following users or their authorized agents may receive
the designated information:
    (1) States--All information on all CDLIS driver records.
    (2) Secretary of Transportation--All information on all CDLIS
driver records.
    (3) Driver--All information on that driver's CDLIS driver record
obtained on the CDLIS Motor Vehicle Record from the State according to
its procedures.
    (4) Motor Carrier or Prospective Motor Carrier--After notification
to a driver, all information on that driver's, or prospective driver's,
CDLIS driver record obtained on the CDLIS Motor Vehicle Record from the
State according to its procedures.
    (f) The content of the report provided a user authorized by
paragraph (e) of this section from the CDLIS driver record, or from a
copy of this record maintained for use by the National Law Enforcement
Telecommunications System, must be comparable to the report that would
be generated by a CDLIS State-to-State request for a CDLIS driver
history, as defined in the ``CDLIS State Procedures Manual''
(incorporated by reference, see Sec.  384.107(b)), and must include the
medical certification status information of the driver in paragraph
(a)(2) of this section. This does not preclude authorized users from
requesting a CDLIS driver status.

Sec.  384.226  [Amended]

0
13. Amend Sec.  384.226 by removing the phrase ``driver's record'' and
adding in its place the phrase ``CDLIS driver record''.

Sec.  384.231   [Amended]

0
14. Amend Sec.  384.231(d) by removing the phrase ``October 1998
edition of the AAMVAnet, Inc.'s `Commercial Driver License Information
System (CDLIS) State Procedures,' Version 2.0 (Incorporated by
reference, see Sec.  384.107)'' and adding in its place the phrase
``CDLIS State Procedures Manual (incorporated by reference in Sec.
384.107(b)).''

0
15. Add new 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)(5) and (j) of this chapter.

0
16. Amend Sec.  384.301 by adding a new paragraph (d) to read as
follows:

Sec.  384.301  Substantial compliance--general requirements.

* * * * *
    (d) A State must come into substantial compliance with the
requirements of subpart B of this part in effect as of January 30,
2009, as soon as practical, but not later than January 30, 2012.

PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL

0
17. The authority citation for part 390 continues to read as follows:

    Authority: 49 U.S.C. 508, 13301, 13902, 31133, 31136, 31502,
31504, and sec. 204, Pub. L. 104-88, 109 Stat. 803, 941 (49 U.S.C.
701 note); sec. 114, Pub. L. 103-311, 108 Stat. 1673, 1677; sec.
217, 229, Pub. L. 106-159, 113 Stat. 1748, 1767; and 49 CFR 1.73.

0
18. Amend Sec.  390.5 by adding in alphabetical order the definitions
for ``medical variance'' and ``motor vehicle record'' as follows:

Sec.  390.5   Definitions.

* * * * *
    Medical variance means a driver has received one of the following
from FMCSA that allows the driver to be issued a medical certificate:
    (1) An exemption letter permitting operation of a commercial motor
vehicle pursuant to part 381, subpart C, of this chapter or Sec.
391.64 of this chapter;
    (2) A skill performance evaluation certificate permitting operation
of a commercial motor vehicle pursuant to Sec.  391.49 of this chapter.
* * * * *
    Motor vehicle record means the report of the driving status and
history of a driver generated from the driver record, provided to
users, such as, drivers or employers, and subject to the provisions of
the Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
* * * * *

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

0
19. Revise the authority citation for part 391 to read as follows:

    Authority: 49 U.S.C. 322, 504, 508, 31133, 31136, and 31502;
sec. 4007(b) of Pub. L. 102-240, 105 Stat. 2152; sec. 114 of Pub. L.
103-311, 108 Stat. 1673, 1677; sec. 215 of Pub. L. 106-159, 113
Stat. 1767; and 49 CFR 1.73.

0
20. Amend Sec.  391.2 by revising the heading of the section to read as
follows:

Sec.  391.2  General exceptions.

0
21. Amend Sec.  391.23 by:
0
a. Revising paragraphs (a)(1) and (b); and
0
b. Adding paragraph (m) to read as follows:

Sec.  391.23  Investigation and inquiries.

    (a) * * *
    (1) An inquiry to each State where the driver held or holds a motor
vehicle operator's license or permit during the preceding 3 years to
obtain that driver's motor vehicle record.
* * * * *
    (b) A copy of the motor vehicle record(s) obtained in response to
the inquiry or inquiries to each State required by paragraph (a)(1) of
this section must be placed in the driver qualification file within 30
days of the date the driver's employment begins and be retained in
compliance with Sec.  391.51. If no motor vehicle record is received
from the State or States required to submit this response, the motor
carrier must document a good faith effort to obtain such information,
and certify that no record exists for that driver in that State or
States. The inquiry to the State driver licensing agency or agencies
must be made in the form and manner each agency prescribes.
* * * * *
    (m)(1) The motor carrier must obtain an original or copy of the
medical examiner's certificate issued in accordance with Sec.  391.43,
and any medical variance on which the certification is based, and place
the records in the driver qualification file, before allowing the
driver to operate a CMV.
    (2) Exception. For drivers required to have a commercial driver's
license under part 383 of this chapter:
    (i) Beginning January 30, 2012, 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. Sec.  383.71(a)(1)(ii) and
383.71(g) of this chapter, or

    (B) Exception. If the driver has provided the motor carrier with a
date-stamped receipt from the State driver licensing agency for the
medical examiner's certificate given to the driver in accordance with
Sec.  383.73(a)(5) of this chapter, the motor carrier may use that
receipt as proof of the driver's medical certification for up to 15
days after the date stamped on the receipt.
    (ii) Until January 30, 2014, if a driver operating in non-excepted,
interstate commerce has no medical certification status information on
the CDLIS MVR obtained from the current State driver licensing agency,
the employing motor carrier may accept a medical examiner's certificate
issued to that driver prior to January 30, 2012, and place a copy of it
in the driver qualification file before allowing the driver to operate
a CMV in interstate commerce.

Sec.  391.25  [Amended]

0
22. Amend Sec.  391.25 by:
0
a. Removing the phrase ``into the driving record'' and adding in its
place the phrase ``to obtain the motor vehicle record'' in paragraph
(a);
0
b. Removing the phrase ``driving record'' and adding in its place the
phrase ``motor vehicle record'' in paragraph (b) introductory text; and
0
c. Removing the phrase ``response from each State agency to the
inquiry'' and adding in its place the phrase ``motor vehicle record''
in paragraph (c)(1).

0
23. Amend Sec.  391.41 by revising paragraph (a) to read as follows:

Sec.  391.41  Physical qualifications for drivers.

    (a) (1) (i) A person subject to this part must not operate a
commercial motor vehicle unless he or she is medically certified as
physically qualified to do so, and, except as provided in paragraph
(a)(2) of this section, when on-duty has on his or her person the
original, or a copy, of a current medical examiner's certificate that
he or she is physically qualified to drive a commercial motor vehicle.
NOTE: Effective December 29, 1991, the FMCSA Administrator determined
that the new Licencia Federal de Conductor issued by the United Mexican
States is recognized as proof of medical fitness to drive a CMV. The
United States and Canada entered into a Reciprocity Agreement,
effective March 30, 1999, recognizing that a Canadian commercial
driver's license is proof of medical fitness to drive a CMV. Therefore,
Canadian and Mexican CMV drivers are not required to have in their
possession a medical examiner's certificate if the driver has been
issued, and possesses, a valid commercial driver license issued by the
United Mexican States, or a Canadian Province or Territory and whose
license and medical status, including any waiver or exemption, can be
electronically verified. Drivers from any of the countries who have
received a medical authorization that deviates from the mutually
accepted compatible medical standards of the resident country are not
qualified to drive a CMV in the other countries. For example, Canadian
drivers who do not meet the medical fitness provisions of the Canadian
National Safety Code for Motor Carriers, but are issued a waiver by one
of the Canadian Provinces or Territories, are not qualified to drive a
CMV in the United States. In addition, U.S. drivers who received a
medical variance from FMCSA are not qualified to drive a CMV in Canada.
    (ii) A person who qualifies for the medical examiner's certificate
by virtue of having obtained a medical variance from FMCSA, in the form
of an exemption letter or a skill performance evaluation certificate,
must have on his or her person a copy of the variance documentation
when on-duty.
    (2) CDL exception. (i) Beginning January 30, 2012, a driver
required to have a commercial driver's license under part 383 of this
chapter, and who submitted a current medical examiner's certificate to
the State in accordance with Sec.  383.71(h) of this chapter
documenting that he or she meets the physical qualification
requirements of this part, no longer needs to carry on his or her
person the medical examiner's certificate specified at Sec.  391.43(h),
or a copy. If there is no medical certification information on that
driver's CDLIS motor vehicle record defined at 49 CFR 384.105, a
current medical examiner's certificate issued prior to January 30,
2012, will be accepted until January 30, 2014. After January 30, 2014,
a driver may use the date-stamped receipt (given to the driver by the
State driver licensing agency) for up to 15 days after the date stamped
on that receipt as proof of medical certification.
    (ii) A CDL driver required by Sec.  383.71(h) to obtain a medical
examiner's certificate who obtained such by virtue of having obtained a
medical variance from FMCSA must continue to have in his or her
possession the original or copy of that medical variance documentation
at all times when on-duty.
    (3) A person is physically qualified to drive a commercial motor
vehicle if:
    (i) That person meets the physical qualification standards in
paragraph (b) of this section and has complied with the medical
examination requirements in Sec.  391.43; or
    (ii) That person obtained from FMCSA a medical variance from the
physical qualification standards in paragraph (b) of this section and
has complied with the medical examination requirement in Sec.  391.43.
* * * * *

0
24. Amend Sec.  391.43 by revising paragraph (g) to read as follows:

Sec.  391.43  Medical examination; certificate of physical
qualification.

* * * * *
    (g)(1) 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), the medical examiner should 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 may
provide a copy to a prospective or current employing motor carrier who
requests it.
    (2) For all drivers examined, the medical examiner should retain a
copy of the Medical Examination Report at least 3 years from the date
of the examination. If the driver was certified as physically
qualified, then the medical examiner should also retain the medical
certificate as well for at least 3-years from the date the certificate
was issued.
* * * * *

0
25. Amend Sec.  391.51 by:
0
a. Removing the phrase ``response by each State agency concerning a
driver's driving record'' and adding in its place the phrase ``motor
vehicle record received from each State'' in paragraph (b)(2).
0
b. Removing the phrase ``response of each State agency'' and adding in
its place the phrase ``motor vehicle record received from each State
driver licensing agency'' in paragraph (b)(4).
0
c. Removing the phrase ``response of each State agency'' and adding in
its place the phrase ``motor vehicle record received from each State
driver licensing agency'' in paragraph (d)(1); and
0
d. Revising paragraphs (b)(7), (b)(8), (d)(4) and (d)(5) 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 drivers 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 driver without
medical certification status information on the CDLIS motor vehicle
record is designated ``not-certified'' to operate a CMV in interstate
commerce. For up to 15 days from the date stamped on the receipt of the
medical examiner's certificate, provided to the driver by the State
driver licensing agency, a motor carrier may use that receipt as proof
of the driver's medical certification.
    (iii) If that driver obtained the medical certification based on
having obtained a medical variance from FMCSA, the motor carrier must
also include a copy of the medical variance documentation in the driver
qualification file in accordance with Sec.  391.51(b)(8); and
    (8) A Skill Performance Evaluation Certificate obtained from a
Field Administrator, Division Administrator, or State Director issued
in accordance with Sec.  391.49; or the Medical Exemption document,
issued by a Federal medical program in accordance with part 381 of this
chapter.
* * * * *
    (d) * * *
    (4) The medical examiner's certificate required by Sec.  391.43(g),
a legible copy of the certificate, or for CDL drivers any CDLIS MVR
obtained as required by Sec.  391.51(b)(7)(ii); and
    (5) Any medical variance issued by FMCSA, including a Skill
Performance Evaluation Certificate issued in accordance with Sec.
391.49; or the Medical Exemption letter issued by a Federal medical
program in accordance with part 381 of this chapter.

    Issued on: November 20, 2008.
John H. Hill,
Administrator.
[FR Doc. E8-28173 Filed 11-28-08; 8:45 am]

BILLING CODE 4910-EX-P