[Federal Register Volume 83, Number 120 (Thursday, June 21, 2018)]
[Rules and Regulations]
[Pages 28774-28783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13314]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 383, 384, and 391

[Docket No. FMCSA-2018-0152]
RIN 2126-AC18


Extension of Compliance Dates for Medical Examiner's 
Certification Integration

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

ACTION: Interim final rule; request for comments.

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SUMMARY: FMCSA amends its regulations to delay the compliance date from 
June 22, 2018, to June 22, 2021, for several provisions of its April 
23, 2015 Medical Examiner's Certification Integration final rule. This 
action is being taken to provide FMCSA additional time to complete 
certain information technology (IT) system development tasks for its 
National Registry of Certified Medical Examiners (National Registry) 
and provide the State Driver's Licensing Agencies (SDLAs) sufficient 
time to make the necessary IT programming changes after upgrades to the 
National Registry.

DATES: 
    Effective Date: This interim final rule is effective June 21, 2018.
    Public Comment Period: Comments must be received on or before 
August 20, 2018.

ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2018-0152 using any of the following methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments.
    <bullet> Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
    <bullet> Hand Delivery or Courier: West Building, Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays.
    <bullet> Fax: 202-493-2251.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section for instructions on submitting 
comments, including collection of information comments for the Office 
of Information and Regulatory Affairs, OMB.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, Federal Motor Carrier Safety Administration, 
1200 New Jersey Avenue SE, Washington, DC 20590-0001, by telephone at 
202-366-4001, or by email at <a href="/cdn-cgi/l/email-protection#94f2f9f7e7f5f9f1f0fdf7f5f8d4f0fbe0baf3fbe2"><span class="__cf_email__" data-cfemail="2b4d4648584a464e4f42484a476b4f445f054c445d">[email protected]</span></a>. If you have 
questions on viewing or submitting material to the docket, contact 
Docket Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Rulemaking Documents

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
interim final rule (Docket No. FMCSA-2018-0152), indicate the specific 
section of this document to which each comment applies, and provide a 
reason for each suggestion or recommendation. You may submit your 
comments and material online or by fax, mail, or hand delivery, but 
please use only one of these means. FMCSA recommends that you include 
your name and a mailing address, an email address, or a phone number in 
the body of your document so that FMCSA can contact you if there are 
questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
put the docket number, FMCSA-2018-0152, in the keyword box, and click 
``Search.'' When the new screen appears, click on the ``Comment Now!'' 
button and type your comment into the text box on the following screen. 
Choose whether you are submitting your comment as an individual or on 
behalf of a third party and then submit.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the facility, please enclose a stamped, 
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the

[[Page 28775]]

comment period and may change this interim final rule based on your 
comments. FMCSA may issue a final rule at any time after the close of 
the comment period.
Confidential Business Information
    Confidential Business Information (CBI) is commercial or financial 
information that is customarily not made available to the public by the 
submitter. Under the Freedom of Information Act, CBI is eligible for 
protection from public disclosure. If you have CBI that is relevant or 
responsive to this interim final rule it is important that you clearly 
designate the submitted comments as CBI. Accordingly, please mark each 
page of your submission as ``confidential'' or ``CBI.'' Submissions 
designated as CBI and meeting the definition noted above will not be 
placed in the public docket of this interim final rule. Submissions 
containing CBI should be sent to Mr. Brian Dahlin, Chief, Regulatory 
Evaluation Division, 1200 New Jersey Avenue SE, Washington, DC 20590. 
Any commentary that FMCSA receives that is not specifically designated 
as CBI will be placed in the public docket for this rulemaking.
    FMCSA will consider all comments and material received during the 
comment period.

B. Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
preamble as being available in the docket, go to http://www.regulations.gov. Insert the docket number, FMCSA-2018-0152, in the 
keyword box, and click ``Search.'' Next, click the ``Open Docket 
Folder'' button and choose the document to review. If you do not have 
access to the internet, you may view the docket online by visiting the 
Docket Management Facility in Room W12-140 on the ground floor of the 
DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590, 
between 9 a.m. and 5 p.m., E.T., Monday through Friday, except Federal 
holidays.

C. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the 
public to better inform its rulemaking process. DOT posts these 
comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.transportation.gov/privacy.

D. Advance Notice of Proposed Rulemaking (ANPRM) or Negotiated 
Rulemaking Not Required

    Under 49 U.S.C. 31136(g), added by section 5202 of the Fixing 
America's Surface Transportation or FAST Act, Public Law 114-94, 129 
Stat. 1312, 1534 (Dec. 4, 2015), FMCSA is required either to proceed 
with negotiated rulemaking or to publish an ANPRM for any major 
rulemaking, unless the Agency finds good cause that an ANPRM is 
impracticable, unnecessary, or contrary to the public interest. FMCSA 
has determined that this interim final rule is not major; therefore, 
neither an ANPRM nor a negotiated rulemaking is required.

II. Executive Summary

A. Purpose and Summary of the Major Provisions

    This interim final rule delays the compliance date for several 
provisions in the Medical Examiner's Certification Integration final 
rule (80 FR 22790, Apr. 23, 2015) from June 22, 2018, to June 22, 2021. 
Specifically, it postpones, through June 22, 2021, the provisions for: 
(1) FMCSA to electronically, transmit from the National Registry to the 
SDLAs, driver identification information, examination results, and 
restriction information from examinations performed for holders of 
commercial learner's permits (CLPs) or commercial driver's licenses 
(CDLs) (interstate and intrastate); (2) FMCSA to electronically 
transmit to the SDLAs medical variance information for all commercial 
motor vehicle (CMV) drivers; (3) SDLAs to post on the Commercial 
Driver's License Information System (CDLIS) driver record the driver 
identification, examination results, and restriction information 
received electronically from FMCSA; and (4) motor carriers to no longer 
be required to verify that CLP/CDL drivers were certified by a 
certified medical examiner (ME) listed on the National Registry.

B. Benefits and Costs

    This rule results in neither costs nor benefits but aligns the 
compliance dates with the date when the IT systems will be ready and, 
thus, when the costs and benefits estimated in the 2015 final rule can 
be realized.

III. Legal Basis for the Interim Final Rule

    The legal basis of the 2015 final rule, set out at 80 FR 22791-
22792, also serves as the legal basis for this interim final rule. 
Brief summaries of the relevant legal bases for the actions taken in 
this interim final rule are set out below.

A. Authority Over Drivers Affected

Drivers Required To Obtain a Medical Examiners Certificate (MEC)
    FMCSA is required by statute to establish standards for the 
physical qualifications of drivers who operate CMVs in interstate 
commerce for non-excepted industries (49 U.S.C. 31136(a)(3) and 
31502(b)). Subject to certain limited exceptions,\1\ FMCSA has 
fulfilled the statutory mandate by establishing physical qualification 
standards for all drivers covered by these provisions (49 CFR 
391.11(b)(4)). Such drivers must obtain, from an ME, a certification 
indicating that the driver is physically qualified to drive a CMV (49 
CFR 391.41(a), 391.43(g) and (h)). FMCSA is also required to ensure 
that the operation of a CMV does not have a deleterious effect on the 
physical condition of drivers (49 U.S.C. 31136(a)(4)).
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    \1\ See 49 CFR 390.3(f) and 391.2.
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Drivers Required To Obtain a CDL
    The authority for FMCSA to require an operator of a CMV to obtain a 
CDL is based on 49 U.S.C. 31302 and the authority to set minimum 
standards for the testing and fitness of such operators rests on 49 
U.S.C.31305.

B. Authority To Regulate State CDL Programs

    Under 49 U.S.C. 31311 and 31314, FMCSA has authority to prescribe 
procedures and requirements the States must follow when issuing CDLs 
(see, generally, 49 CFR parts 383 and 384). In particular, under 
section 31314, in order to avoid loss of certain Federal-aid highway 
funds otherwise apportioned under 23 U.S.C. 104(b), each State must 
comply with the requirement in 49 U.S.C. 31311(a)(1) to adopt and carry 
out a program for testing and ensuring the fitness of individuals to 
operate CMVs consistent with the minimum standards prescribed by FMCSA 
under 49 U.S.C. 31305(a) (see also 49 CFR 384.201).

C. Authority To Require Reporting by MEs

    FMCSA has authority under 49 U.S.C. 31133(a)(8) and 31149(c)(1)(E) 
to require MEs on the National Registry to obtain information from CMV 
drivers regarding their physical health, to record and retain the 
results of the physical examinations of CMV drivers, and to require 
frequent reporting of the information contained on the MECs they issue. 
Section 31133(a)(8) gives the Agency broad administrative powers 
(specifically ``to prescribe recordkeeping

[[Page 28776]]

and reporting requirements'') to assist in ensuring motor carrier 
safety and driver health (Sen. Report No. 98-424 at 9 (May 2, 1984)). 
Section 31149(c)(1)(E) authorizes a requirement for electronic 
reporting of certain specific information by MEs, including applicant 
names and numerical identifiers as determined by the FMCSA 
Administrator. Section 31149(c)(1)(E) sets minimum monthly reporting 
requirements for MEs and does not preclude the exercise by the Agency 
of its broad authority under section 31133(a)(8) to require more 
frequent and more inclusive reports.\2\ In addition to the general 
rulemaking authority in 49 U.S.C. 31136(a), the Secretary of 
Transportation is specifically authorized by section 31149(e) to 
``issue such regulations as may be necessary to carry out this 
section.''
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    \2\ The provisions of section 31149(c)(1)(E) have been amended 
by section 32302(c)(1)(A) of Moving Ahead for Progress in the 21st 
Century, Public Law 112-141, 126 Stat. 405 (July 6, 2012) (``MAP-
21'').
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    Authority to implement these various statutory provisions has been 
delegated to the Administrator of FMCSA (49 CFR 1.87(f)).

IV. Background

A. Regulatory History

    In 2008, FMCSA issued the Medical Certification Requirements as 
Part of the Commercial Driver's License (CDL) final rule (73 FR 73096, 
Dec. 1, 2008). This rule established requirements for CDL drivers to 
provide MEC information to SDLAs for posting on the driver record. Then 
the National Registry of Certified Medical Examiners final rule was 
issued to establish the National Registry and require that MEs listed 
on the National Registry perform all physical examinations of CMV 
drivers and issue MECs to them (77 FR 24104, Apr. 20, 2012). The 
provisions of these final rules are now in effect.
    The Medical Examiner's Certification Integration final rule adopted 
a number of changes in the procedures for the preparation, recording, 
and utilization of Medical Examination Report Forms and MECs for CMV 
drivers (80 FR 22790, Apr. 23, 2015; 80 FR 35577, Jun. 22, 2015). Some 
of those changes, such as the specific forms to be used by MEs to 
record the results of physical examinations and to certify CMV drivers 
as physically qualified, are already in effect.\3\
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    \3\ Judicial review of this aspect of the 2015 final rule was 
dismissed for lack of standing in Owner Operator Indep. Drivers 
Ass'n v. United States DOT, 878 F.3d 1099, 1102 (8th Cir. 2018) 
(rehearing and rehearing en banc) denied Apr. 2, 2018).
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    But several provisions were adopted with a compliance date of June 
22, 2018, a delay of 3 years, primarily to allow the SDLAs and FMCSA 
sufficient time to develop, test and install the necessary IT 
infrastructure to implement them. The final rule required MEs to report 
results of all CMV drivers' physical examinations performed (including 
the results of examinations where the driver was found not to be 
qualified) to FMCSA by midnight (local time) of the next calendar day 
following the examination. The reporting included results on all CMV 
drivers who are required to be medically certified to operate in 
interstate commerce, not only those who hold or apply for CLPs or CDLs. 
The reported results would be of any examinations performed in 
accordance with the Federal Motor Carrier Safety Regulations (FMCSRs), 
as well as those in accordance with any applicable State variances 
(which will be valid for intrastate operations only). For holders of 
CLPs/CDLs (interstate and intrastate), FMCSA stated that it would 
electronically transmit from the National Registry to the SDLAs the 
driver identification, examination results, and restriction 
information. The SDLAs would in turn be required to post this 
information to the CDLIS driver record. The Agency also said it would 
electronically transmit medical variance information for all CMV 
drivers to the SDLAs. If the information transmitted so required, the 
SDLAs were required to change the driver's certified status on the 
CDLIS driver record and/or begin a downgrade of the CLP/CDL. Motor 
carriers, enforcement personnel, and other interested parties would be 
permitted to rely on the medical certification information on the CDLIS 
driver record and would no longer be permitted to rely on the original 
paper MEC as proof of medical certification.
    The 2015 final rule also adopted new provisions based on the new 
reporting requirement for MEs that would invalidate any existing MEC 
held by a CMV driver whenever the driver failed a new physical 
qualification examination. If the driver involved was a CLP/CDL holder, 
such invalidation would be electronically transmitted from the National 
Registry to the SDLAs for the SDLA to change the certified status on 
the CDLIS driver record and/or begin a downgrade of the CLP/CDL.

B. Recent Developments

    As the compliance date of June 22, 2018, draws nearer, FMCSA has 
reluctantly concluded that it will not be able to electronically 
transmit MEC information from the National Registry to the SDLAs by 
that date. Further, the SDLAs will not be able to electronically 
receive the MEC information from the National Registry for posting to 
the CDLIS driver record, as intended by the Medical Examiner's 
Certification Integration final rule. Although the Agency has initiated 
the IT development work to enhance the National Registry to enable the 
Agency to electronically transmit MEC information and medical variances 
to the States, along with the programming code the States would need to 
implement changes to their IT systems to receive the data, none of this 
work will be completed in time to meet the June 22, 2018 compliance 
date. Under these circumstances, neither the Agency nor the 
stakeholders would be able to rely on the CDLIS driver record as 
official proof of medical certification, unless drivers continue to 
provide the original paper MEC to the SDLAs, as is being done 
presently. All of the functions regarding electronic transmission of 
data that were to be implemented on June 22, 2018, are dependent upon 
the development and implementation of the IT infrastructure that will 
not be available on June 22, 2018. For this reason, FMCSA decided to 
extend the compliance date to June 22, 2021, to ensure that the SDLAs 
have sufficient time once the final specifications are released to make 
the necessary IT programming changes.

V. Discussion of the Interim Final Rule

    This interim final rule is effective immediately and establishes, 
for most provisions in the 2015 final rule, a new compliance date of 
June 22, 2021. The specific provisions impacted by this change are 
listed in the Section-by-Section discussion below. This delayed 
compliance date means that through June 21, 2021:
    <bullet> Certified MEs must continue issuing MECs to qualified CLP/
CDL applicants/holders;
    <bullet> CLP/CDL applicants/holders must continue ensuring that the 
SDLA receives a copy of their MEC;
    <bullet> Motor carriers must continue verifying that drivers were 
certified by an ME listed on the National Registry; and
    <bullet> SDLAs must continue processing paper copies of MECs they 
receive from CLP/CDL applicants/holders.
    It should be noted that the compliance date in today's rule remains 
as June 22, 2018, for the requirement for MEs to report results of all 
CMV driver physical examinations performed (including the results of 
examinations where the driver was found not to be qualified) to FMCSA 
by midnight (local time) of the next calendar day following the 
examination. In other words, except for the ME reporting requirement, 
this

[[Page 28777]]

interim final rule continues the status quo for another 3 years. The 
details for these requirements can be found in the preambles of all 
three of the prior final rules, or in the current regulatory text in 49 
CFR parts 383, 384 and 391.
    As noted above, FMCSA is not delaying the requirement for MEs 
performing physical examinations of CMV drivers to report results of 
all CMV drivers' physical examinations (including the results of 
examinations where the driver was found not to be qualified) to FMCSA 
by midnight (local time) of the next calendar day following the 
examination, since several MEs already submit such results more 
frequently than monthly. Having the MEs begin submitting reports by 
midnight (local time) of the next calendar day following the 
examination also allows FMCSA to begin electronically transmitting this 
important safety data to each State when that State is ready to receive 
the information, thereby providing States additional flexibility to 
implement the provisions of this rulemaking at their own pace. FMCSA 
believes some States may be prepared to receive this data ahead of the 
June 22, 2021, date to take advantage of the efficiencies and added 
security the new process affords.
    When FMCSA is ready to begin electronically transmitting MEC 
information from the National Registry, and an SDLA is ready to begin 
receiving this information electronically from the National Registry, 
FMCSA will work with the SDLA involved on the most appropriate means to 
use such electronic transmissions. FMCSA states that, under such 
circumstances, electronic transmission of the MEC information may be an 
acceptable means for CDL and CLP holders to satisfy the requirement of 
providing the MEC to the SDLA. In order to avoid any uncertainty, 
provisions are being added to the appropriate regulations stating that, 
in case of a conflict between the medical certification information 
provided electronically by FMCSA and information on a paper version of 
the MEC, the electronic record will be controlling. On the other hand, 
the provisions in the regulations governing the handling of these 
matters under the current procedures will remain in effect through June 
21, 2021, to ensure continued compliance by SDLAs and other affected 
stakeholders until the electronic transmission of MEC information is 
operational for all SDLAs.
    If some SDLAs begin receiving MEC information from FMCSA prior to 
June 22, 2021, FMCSA and the SDLAs will make every effort to advise all 
stakeholders when such handling begins. MEs listed on the National 
Registry, employers and enforcement personnel (both State and Federal) 
will need to be made fully aware that some SDLAs may be following 
procedures different from the remaining States.

VI. Good Cause Exists

    Although the promulgation of a final rule adjusting compliance 
dates would ordinarily involve the issuance of a notice of proposed 
rulemaking (NPRM) and an opportunity for public comment, the 
Administrative Procedure Act does permit their omission for good cause, 
when ``notice and public procedure thereon are impracticable, 
unnecessary, or contrary to the public interest'' (5 U.S.C. 553(b)(B)). 
The necessary IT infrastructure to enable stakeholders to comply with 
the regulatory provisions involved will not be available on June 22, 
2018. Under these circumstances, and in order to timely clarify the 
applicable regulatory requirements, FMCSA finds that there is good 
cause to issue this interim final rule. A proposed rule allowing prior 
notice and opportunity for comment could not be completed before June 
22 and is therefore both impractical and contrary to the public 
interest. An opportunity for public comment is provided after 
publication of the interim final rule. All comments will be reviewed 
and the interim final rule may be amended as a result of those 
comments.
    In addition, upon a finding of good cause, the Agency may provide 
for a final rule to become effective less than 30 days after 
publication in the Federal Register (5 U.S.C. 553(d)(3)). Therefore, 
for the same reasons as indicated above, the Agency makes this interim 
final rule effective immediately upon publication in the Federal 
Register.

VII. International Impacts

    The FMCSRs, and any exceptions to the FMCSRs, apply only within the 
United States (and, in some cases, United States territories). Motor 
carriers and drivers are subject to the laws and regulations of the 
countries in which they operate, unless an international agreement 
states otherwise. Drivers and carriers should be aware of the 
regulatory differences among nations.

VIII. Section-by-Section Analysis

A. Parts 383, 384, and 391

    In parts 383, 384, and 391, FMCSA makes a few clarifying edits and 
changes the date of the rule as stated in the table below.

                          Table 1--Date Changes
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                                Existing language
                                 in the CFR that   Language added to the
   Section that is changed:     is removed today:   CFR by today's final
                                                           rule:
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383.71(h)(1)(i)...............  June 22, 2018....  June 22, 2021.
383.71(h)(1)(ii)..............  June 22, 2018....  June 22, 2021.
383.71(h)(3)(i)...............  June 22, 2018....  June 22, 2021.
383.71(h)(3)(ii)..............  June 22, 2018....  June 22, 2021.
383.73(a)(2)(vii)(A)..........  June 22, 2018....  June 22, 2021.
383.73(a)(2)(vii)(B)..........  June 22, 2018....  June 22, 2021.
383.73(b)(5)(i)...............  June 22, 2018....  June 22, 2021.
383.73(b)(5)(ii)..............  June 22, 2018....  June 22, 2021.
383.73(o)(1)(i)...............  June 22, 2018....  June 22, 2021.
383.73(o)(1)(ii)..............  June 22, 2018....  June 22, 2021.
383.73(o)(2)(i)...............  June 22, 2018....  June 22, 2021.
383.73(o)(2)(ii)..............  June 22, 2018....  June 22, 2021.
383.73(o)(3)(i)...............  June 22, 2018....  June 22, 2021.
383.73(o)(3)(ii)..............  June 22, 2018....  June 22, 2021.
383.73(o)(4)(i)(A)(1).........  June 22, 2018....  June 22, 2021.
383.73(o)(4)(i)(A)(2).........  June 22, 2018....  June 22, 2021.
383.73(o)(4)(ii)(A)...........  June 22, 2018....  June 22, 2021.
383.73(o)(4)(ii)(B)...........  June 22, 2018....  June 22, 2021.

[[Page 28778]]

 
384.301(i)....................  June 22, 2018....  June 22, 2021.
391.23(m)(2)(i)(B)(1).........  June 22, 2018....  June 21, 2021.
391.23(m)(2)(i)(C)............  June 22, 2018....  June 21, 2021.
391.23(m)(3)(i)(B)(1).........  June 22, 2018....  June 21, 2021.
391.23(m)(3)(i)(C)............  June 22, 2018....  June 21, 2021.
391.41(a)(2)(i)(A)............  June 22, 2018....  June 21, 2021.
391.41(a)(2)(i)(B)............  June 22, 2018....  June 22, 2021.
391.43(g)(2)(i)...............  June 22, 2018....  June 22, 2021.
391.43(g)(2)(ii)..............  June 22, 2018....  June 22, 2021.
391.43(g)(3)..................  June 22, 2018....  June 22, 2021.
391.45(d).....................  June 22, 2018....  June 22, 2021.
391.51(b)(7)(ii)..............  June 22, 2018....  June 21, 2021.
391.51(b)(9)(ii)..............  June 22, 2018....  June 21, 2021.
------------------------------------------------------------------------

B. Sections 383.71(h)(4), 383.73(o)(6) and 391.23(m)(4)

    Identical new paragraphs are added to Sec. Sec.  383.71(h)(4), 
383.73(o)(6), and 391.23(m)(4). The added text states that in the event 
of a conflict between the medical certification information provided 
electronically by FMCSA and a paper copy of the MEC, the medical 
certification information provided electronically by FMCSA shall 
control.

C. Section 391.41

    In addition to the changes in the compliance dates in Sec.  391.41 
noted in the table above, FMCSA adds the phrase ``and through June 21, 
2021'' to Sec.  391.41(a)(2)(ii), following the phrase, ``Beginning on 
July 8, 2015.'' This provides an ending date for the provision that CLP 
holders, while operating a CMV, would be required to carry their MEC, 
or a copy, for up to 15 days after the date they were issued. FMCSA 
also adds a new paragraph (a)(2)(iv) that states that in the event of a 
conflict between the medical certification information provided 
electronically by FMCSA and a paper copy of the MEC, the medical 
certification information provided electronically by FMCSA shall 
control.

IX. Regulatory Analyses

A. Executive Order (E.O.) 12866 (Regulatory Planning and Review), E.O. 
13563 (Improving Regulation and Regulatory Review), and DOT Regulatory 
Policies and Procedures

    FMCSA has determined that this interim final rule is not a 
significant regulatory action under section 3(f) of E.O. 12866 (58 FR 
51735, Oct. 4, 1993), Regulatory Planning and Review, as supplemented 
by E.O. 13563 (76 FR 3821, Jan. 21, 2011), Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of that Order. Accordingly, 
the Office of Management and Budget (OMB) has not reviewed it under 
that Order. It is also not significant within the meaning of DOT 
regulatory policies and procedures (DOT Order 2100.5 dated May 22, 1980 
(44 FR 11034, Feb. 26, 1979).
    The Medical Examiner's Certification Integration Final Rule, 
published April 23, 2015 (80 FR 22790), amended the FMCSRs to establish 
a streamlined process for SDLAs to receive CMV driver physical 
examination results from the MEs, via the National Registry. The 2015 
final rule estimated that the National Registry would be able to 
receive and transmit this information on a daily basis by June 22, 
2018, and established compliance dates for MEs, motor carriers, FMCSA, 
and the States accordingly. This rule, effective today, delays until 
June 22, 2021, the compliance date requiring (1) FMCSA to 
electronically transmit from the National Registry to the SDLAs driver 
identification information, examination results, and restriction 
information from examinations performed for holders of CLPs/CDLs 
(interstate and intrastate); (2) FMCSA to electronically transmit to 
the SDLAs medical variance information for all CMV drivers; (3) SDLAs 
to post driver identification, examination results, and restriction 
information received electronically from FMCSA; and (4) motor carriers 
will no longer need to verify that their drivers holding CLPs or CDLs 
were certified by an ME listed on the National Registry. This action is 
being taken to ensure that SDLAs have sufficient time to make the 
necessary IT programming changes. Although this rule impacts the 
responsibilities of MEs, CMV drivers, motor carriers, SDLAs, and FMCSA, 
it is not expected to generate any economic costs or benefits.
    The 2015 final rule accounted for costs associated with system 
development and implementation, and benefits associated with 
streamlined processes and reduced paperwork. These costs and benefits 
(originally anticipated to be realized on the June 22, 2018, compliance 
date) will not be realized on June 22, 2018. Therefore, the baseline 
against which to evaluate the impacts of this interim final rule is 
that the necessary systems will not be ready on June 22, 2018, and will 
instead be ready on June 22, 2021. This rule aligns the compliance date 
with the date when the systems will be ready and thus, when the costs 
and benefits estimated in the 2015 final rule can be realized. This 
rule does not result in additional costs or benefits, nor does it 
inhibit the realization of the costs and benefits identified in the 
2015 final rule.

B. E.O. 13771 (Reducing Regulation and Controlling Regulatory Costs)

    This interim final rule is not an E.O. 13771 regulatory action 
because this rule is not significant under E.O. 12866.\4\
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    \4\ Executive Office of the President, Office of Management and 
Budget. Guidance Implementing Executive Order 13771, Titled 
``Reducing Regulation and Controlling Regulatory Costs.'' Memorandum 
M-17-21. April 5, 2017.
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C. Regulatory Flexibility Act (Small Entities)

    Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 601-612), 
FMCSA is not required to complete a regulatory flexibility analysis, 
because, as discussed earlier in the Good Cause Exists section, this 
action is not subject to notice and comment under section

[[Page 28779]]

553(b) of the Administrative Procedure Act.\5\
---------------------------------------------------------------------------

    \5\ 5 U.S.C 553(b).
---------------------------------------------------------------------------

    Act.

D. Assistance for Small Entities

    In accordance with section 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996, FMCSA wants to assist small entities 
in understanding this interim final rule so that they can better 
evaluate its effects on themselves and participate in the rulemaking 
initiative. If the interim final rule will affect your small business, 
organization, or governmental jurisdiction and you have questions 
concerning its provisions or options for compliance; please consult the 
FMCSA point of contact, Ms. Christine A. Hydock listed in the For 
Further Information Contact section of this interim final rule.
    Small businesses may send comments on the actions of Federal 
employees who enforce or otherwise determine compliance with Federal 
regulations to the Small Business Administration's Small Business and 
Agriculture Regulatory Enforcement Ombudsman and the Regional Small 
Business Regulatory Fairness Boards. The Ombudsman evaluates these 
actions annually and rates each agency's responsiveness to small 
business. If you wish to comment on actions by employees of FMCSA, call 
1-888-REG-FAIR (1-888-734-3247). DOT has a policy regarding the rights 
of small entities to regulatory enforcement fairness and an explicit 
policy against retaliation for exercising these rights.

E. Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. The Act addresses actions that may result in the 
expenditure by a State, local, or tribal government, in the aggregate, 
or by the private sector of $156 million (which is the value equivalent 
of $100 million in 1995, adjusted for inflation to 2015 levels) or more 
in any one year. Though this interim final rule will not result in such 
an expenditure, the Agency does discuss the effects of this rule 
elsewhere in this preamble.

F. Paperwork Reduction Act

    This interim final rule calls for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

G. E.O. 13132 (Federalism)

    A rule has implications for Federalism under section 1(a) of 
Executive Order 13132 if it has ``substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government.'' FMCSA has determined that this interim 
final rule would not have substantial direct costs on or for States, 
nor would it limit the policymaking discretion of States. Nothing in 
this document preempts any State law or regulation. Therefore, this 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Impact Statement.

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

    This interim final rule meets applicable standards in sections 3(a) 
and 3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize 
litigation, eliminates ambiguity, and reduce burden.

I. E.O. 13045 (Protection of Children)

    E.O. 13045, Protection of Children from Environmental Health Risks 
and Safety Risks (62 FR 19885, Apr. 23, 1997), requires agencies 
issuing ``economically significant'' rules, if the regulation also 
concerns an environmental health or safety risk that an agency has 
reason to believe may disproportionately affect children, to include an 
evaluation of the regulation's environmental health and safety effects 
on children. The Agency determined this interim final rule is not 
economically significant. Therefore, no analysis of the impacts on 
children is required. In any event, the Agency does not anticipate that 
this regulatory action could in any respect present an environmental or 
safety risk that could disproportionately affect children.

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

    FMCSA reviewed this interim final rule in accordance with E.O. 
12630, Governmental Actions and Interference with Constitutionally 
Protected Property Rights, and has determined it will not effect a 
taking of private property or otherwise have taking implications.

K. Privacy

    Section 522 of title I of division H of the Consolidated 
Appropriations Act, 2005, enacted December 8, 2004 (Pub. L. 108-447, 
118 Stat. 2809, 3268, 5 U.S.C. 552a note), requires the Agency to 
conduct a privacy impact assessment (PIA) of a regulation that will 
affect the privacy of individuals. This rule does not require the 
collection of personally identifiable information (PII). The supporting 
PIA, available for review in the docket, gives a full and complete 
explanation of FMCSA practices for protecting PII in general and 
specifically in relation to this interim final rule.
    The Privacy Act (5 U.S.C. 552a) applies only to Federal agencies 
and any non-Federal agency which receives records contained in a system 
of records from a Federal agency for use in a matching program.
    The E-Government Act of 2002, Public Law 107-347, section 208, 116 
Stat. 2899, 2921 (Dec. 17, 2002), requires Federal agencies to conduct 
a PIA for new or substantially changed technology that collects, 
maintains, or disseminates information in an identifiable form. No new 
or substantially changed technology would collect, maintain, or 
disseminate information because of this rule. As a result, FMCSA has 
not conducted a privacy impact assessment.

L. E.O. 12372 (Intergovernmental Review)

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

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

    FMCSA has analyzed this interim final rule under E.O. 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. The Agency has determined that it is not a 
``significant energy action'' under that order because it is not a 
``significant regulatory action'' likely to have a significant adverse 
effect on the supply, distribution, or use of energy. Therefore, it 
does not require a Statement of Energy Effects under E.O. 13211. The 
Administrator of the Office of Information and Regulatory Affairs has 
not designated it as a significant energy action. Therefore, it does 
not require a Statement of Energy Effects under E.O. 13211.

N. E.O. 13783 (Promoting Energy Independence and Economic Growth)

    E.O. 13783 directs executive departments and agencies to review 
existing regulations that potentially burden the development or use of 
domestically produced energy resources, and to appropriately suspend, 
revise, or rescind those that unduly burden the development of domestic 
energy resources. In accordance with E.O. 13783, DOT prepared and 
submitted a report to the Director of OMB that provides specific

[[Page 28780]]

recommendations that, to the extent permitted by law, could alleviate 
or eliminate aspects of agency action that burden domestic energy 
production. This interim final rule has not been identified by DOT 
under E.O. 13783 as potentially alleviating unnecessary burdens on 
domestic energy production.

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

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

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

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

Q. Environment (NEPA, CAA, Environmental Justice)

    FMCSA analyzed this interim final rule for the purpose of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and 
determined this action is categorically excluded from further analysis 
and documentation in an environmental assessment or environmental 
impact statement under FMCSA Order 5610.1(69 FR 9680, Mar. 1, 2004), 
Appendix 2, paragraph (s)(7) and paragraph (t)(2). The Categorical 
Exclusion (CE) in paragraph (s)(7) covers requirements for State-issued 
commercial license documentation and paragraph (t)(2) addresses 
regulations that assure States have the appropriate information systems 
and procedures concerning CDL qualifications. The content in this 
interim final rule is covered by these CEs and the final action does 
not have any effect on the quality of the environment. The CE 
determination is available for inspection or copying in the 
Regulations.gov website listed under ADDRESSES.
    FMCSA also analyzed this rule under section 176(c) of the Clean Air 
Act, as amended (CAA) (42 U.S.C. 7401 et seq.), and implementing 
regulations promulgated by the Environmental Protection Agency. 
Approval of this action is exempt from the CAA's general conformity 
requirement since it does not affect direct or indirect emissions of 
criteria pollutants.
    Under E.O. 12898, each Federal agency must identify and address, as 
appropriate, ``disproportionately high and adverse human health or 
environmental effects of its programs, policies, and activities on 
minority populations and low-income populations'' in the United States, 
its possessions, and territories. FMCSA evaluated the environmental 
justice effects of this interim final rule in accordance with the E.O., 
and has determined that no environmental justice issue is associated 
with this interim final rule, nor is there any collective environmental 
impact that would result from its promulgation.

List of Subjects

49 CFR Part 383

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

49 CFR Part 384

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

49 CFR Part 391

    Alcohol abuse, Drug abuse, Drug testing, Highway safety, Motor 
carriers, Reporting and recordkeeping requirements, Safety, 
Transportation.

    In consideration of the foregoing, FMCSA amends 49 CFR chapter III, 
parts 383, 384, and 391 to read as follows:

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

0
1. The authority citation for part 383 continues to read as follows:

    Authority: 49 U.S.C. 521, 31136, 31301 et seq., and 31502; secs. 
214 and 215 of Pub. L. 106-159, 113 Stat. 1748, 1766, 1767; sec. 
1012(b) of Pub. L. 107-56, 115 Stat. 272, 297, sec. 4140 of Pub. L. 
109-59, 119 Stat. 1144, 1746; sec. 32934 of Pub. L. 112-141, 126 
stat. 405, 830; and 49 CFR 1.87.


0
2. Amend Sec.  383.71 by revising paragraphs (h)(1) and (3), and adding 
paragraph (h)(4), to read as follows:


Sec.  383.71  Driver application and certification procedures.

* * * * *
    (h) * * *
    (1) New CLP and CDL applicants. (i) Before June 22, 2021, a new CLP 
or CDL applicant who certifies that he/she will operate CMVs in non-
excepted, interstate commerce must provide the State with an original 
or copy (as required by the State) of a medical examiner's certificate 
prepared by a medical examiner, as defined in 49 CFR 390.5, and the 
State will post a medical qualifications status of ``certified'' on the 
CDLIS driver record for the driver;
    (ii) On or after June 22, 2021, a new CLP or CDL applicant who 
certifies that he/she will operate CMVs in non-excepted, interstate 
commerce must be medically examined and certified in accordance with 49 
CFR 391.43 as medically qualified to operate a CMV by a medical 
examiner, as defined in 49 CFR 390.5. Upon receiving an electronic copy 
of the medical examiner's certificate from FMCSA, the State will post a 
medical qualifications status of ``certified'' on the CDLIS driver 
record for the driver;
* * * * *
    (3) Maintaining the medical certification status of ``certified.'' 
(i) Before June 22, 2021, in order to maintain a medical certification 
status of ``certified,'' a CLP or CDL holder who certifies that he/she 
will operate CMVs in non-excepted, interstate commerce must provide the 
State with an original or copy (as required by the State) of each 
subsequently issued medical examiner's certificate;
    (ii) On or after June 22, 2021, in order to maintain a medical 
certification status of ``certified,'' a CLP or CDL holder who 
certifies that he/she will operate CMVs in non-excepted, interstate 
commerce must continue to be medically examined and certified in 
accordance with 49 CFR 391.43 as physically qualified to operate a 
commercial motor vehicle by a medical examiner, as defined in 49 CFR 
390.5. FMCSA will provide the State with an electronic copy of the 
medical examiner's certificate information for all subsequent medical 
examinations in which the driver has been deemed qualified.
    (4) In the event of a conflict between the medical certification 
information provided electronically by FMCSA and a paper copy of the 
medical examiner's certificate, the medical certification

[[Page 28781]]

information provided electronically by FMCSA shall control.

0
3. Amend Sec.  383.73 by revising paragraphs (a)(2)(vii), (b)(5), 
(o)(1)(i) introductory text, (o)(1)(ii) introductory text, (o)(2), 
(o)(3), (o)(4)(i)(A), and (o)(4)(ii), and adding paragraph (o)(6), to 
read as follows:


Sec.  383.73   State procedures

    (a) * * *
    (2) * * *
    (vii)(A) Before June 22, 2021, for drivers who certified their type 
of driving according to Sec.  383.71(b)(1)(i) (non-excepted interstate) 
and, if the CLP applicant submits a current medical examiner's 
certificate, date-stamp the medical examiner's certificate, and post 
all required information from the medical examiner's certificate to the 
CDLIS driver record in accordance with paragraph (o) of this section.
    (B) On or after June 22, 2021, for drivers who certified their type 
of driving according to Sec.  383.71(b)(1)(i) (non-excepted interstate) 
and, if FMCSA provides current medical examiner's certificate 
information electronically, post all required information matching the 
medical examiner's certificate to the CDLIS driver record in accordance 
with paragraph (o) of this section.
    (b) * * *
    (5)(i) Before June 22, 2021, for drivers who certified their type 
of driving according to Sec.  383.71(b)(1)(i) (non-excepted interstate) 
and, if the CDL holder submits a current medical examiner's 
certificate, date-stamp the medical examiner's certificate and post all 
required information from the medical examiner's certificate to the 
CDLIS driver record in accordance with paragraph (o) of this section.
    (ii) On or after June 22, 2021, for drivers who certified their 
type of driving according to Sec.  383.71(b)(1)(i) (non-excepted 
interstate) and, if FMCSA provides current medical examiner's 
certificate information electronically, post all required information 
matching the medical examiner's certificate to the CDLIS driver record 
in accordance with paragraph (o) of this section.
* * * * *
    (o) * * *
    (1)(i) Status of CLP or CDL holder. Before June 22, 2021, for each 
operator of a commercial motor vehicle required to have a CLP or CDL, 
the current licensing State must:
* * * * *
    (ii) Status of CLP or CDL holder. On or after June 22, 2021, for 
each operator of a commercial motor vehicle required to have a CLP or 
CDL, the current licensing State must:
* * * * *
    (2) Status update. (i) Before June 22, 2021, the State must, within 
10 calendar days of the driver's medical examiner's certificate or 
medical variance expiring, the medical variance being rescinded or the 
medical examiner's certificate being voided by FMCSA, update the 
medical certification status of that driver as ``not certified.''
    (ii) On or after June 22, 2021, the State must, within 10 calendar 
days of the driver's medical examiner's certificate or medical variance 
expiring, the medical examiner's certificate becoming invalid, the 
medical variance being rescinded or the medical examiner's certificate 
being voided by FMCSA, update the medical certification status of that 
driver as ``not certified.''
    (3) Variance update. (i) Before June 22, 2021, within 10 calendar 
days of receiving information from FMCSA regarding issuance or renewal 
of a medical variance for a driver, the State must update the CDLIS 
driver record to include the medical variance information provided by 
FMCSA.
    (ii) On or after June 22, 2021, within 1 business day of 
electronically receiving medical variance information from FMCSA 
regarding the issuance or renewal of a medical variance for a driver, 
the State must update the CDLIS driver record to include the medical 
variance information provided by FMCSA.
    (4) * * *
    (i) * * *
    (A)(1) Before June 22, 2021, notify the CLP or CDL holder of his/
her CLP or CDL ``not-certified'' medical certification status and that 
the CMV privileges will be removed from the CLP or CDL unless the 
driver submits a current medical examiner's certificate and/or medical 
variance, or changes his/her self-certification to driving only in 
excepted or intrastate commerce (if permitted by the State);
    (2) On or after June 22, 2021, notify the CLP or CDL holder of his/
her CLP or CDL ``not-certified'' medical certification status and that 
the CMV privileges will be removed from the CLP or CDL unless the 
driver has been medically examined and certified in accordance with 49 
CFR 391.43 as physically qualified to operate a commercial motor 
vehicle by a medical examiner, as defined in 49 CFR 390.5, or the 
driver changes his/her self-certification to driving only in excepted 
or intrastate commerce (if permitted by the State).
* * * * *
    (ii)(A) Before June 22, 2021, if a driver fails to provide the 
State with the certification contained in Sec.  383.71(b)(1), or a 
current medical examiner's certificate if the driver self-certifies 
according to Sec.  383.71(b)(1)(i) that he/she is operating in non-
excepted interstate commerce as required by Sec.  383.71(h), the State 
must mark that CDLIS driver record as ``not-certified'' and initiate a 
CLP or CDL downgrade following State procedures in accordance with 
paragraph (o)(4)(i)(B) of this section.
    (B) On or after June 22, 2021, if a driver fails to provide the 
State with the certification contained in Sec.  383.71(b)(1), or, if 
the driver self-certifies according to Sec.  383.71(b)(1)(i) that he/
she is operating in non-excepted interstate commerce as required by 
Sec.  383.71(h) and the information required by paragraph (o)(2)(ii) of 
this section is not received and posted, the State must mark that CDLIS 
driver record as ``not-certified'' and initiate a CLP or CDL downgrade 
following State procedures in accordance with paragraph (o)(4)(i)(B) of 
this section.
* * * * *
    (6) In the event of a conflict between the medical certification 
information provided electronically by FMCSA and a paper copy of the 
medical examiner's certificate, the medical certification information 
provided electronically by FMCSA shall control.
* * * * *

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

0
4. The authority citation for part 384 continues to read as follows:

    Authority: 49 U.S.C. 31136, 31301, et seq., and 31502; secs. 103 
and 215 of Pub. L. 106-59, 113 Stat. 1753, 1767; sec. 32934 of Pub. 
L. 112-141, 126 stat. 405, 830 and 49 CFR 1.87.


0
5. Amend Sec.  384.301 by revising paragraph (i) to read as follows:


Sec.  384.301   Substantial compliance-general requirements.

* * * * *
    (i) A State must come into substantial compliance with the 
requirements of subpart B of this part and part 383 of this chapter in 
effect as of June 22, 2015, as soon as practical, but, unless otherwise 
specifically provided in this part, not later than June 22, 2021.
* * * * *

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

0
6. The authority citation for part 391 continues to read as follows:


[[Page 28782]]


    Authority: 49 U.S.C. 504, 508, 31133, 31136, 31149, and 31502; 
sec. 4007(b) of Pub. L. 102-240, 105 Stat. 1914, 2152; sec. 114 of 
Pub. L. 103-311, 108 Stat. 1673, 1677; sec. 215 of Pub. L. 106-159, 
113 Stat. 1748, 1767; sec. 32934 of Pub. L. 112-141, 126 Stat. 405, 
830; sec. 5524 of Pub. L. 114-94, 129 Stat. 1312, 1560; and 49 CFR 
1.87.


0
7. Amend Sec.  391.23 by revising paragraphs (m)(2)(i)(B)(1) and 
(m)(2)(i)(C), (m)(3)(i)(B)(1) and (m)(3)(i)(C), and adding paragraph 
(m)(4), to read as follows:


Sec.  391.23   Investigation and inquiries.

* * * * *
    (m) * * *
    (2) * * *
    (i) * * *
    (B)(1) Beginning on May 21, 2014, and through June 21, 2021, that 
the driver was certified by a medical examiner listed on the National 
Registry of Certified Medical Examiners as of the date of medical 
examiner's certificate issuance.
* * * * *
    (C) Exception. Beginning on January 30, 2015, and through June 21, 
2021, if the driver provided the motor carrier with a copy of the 
current medical examiner's certificate that was submitted to the State 
in accordance with Sec.  383.73(b)(5) of this chapter, the motor 
carrier may use a copy of that medical examiner's certificate as proof 
of the driver's medical certification for up to 15 days after the date 
it was issued.
* * * * *
    (3) * * *
    (i) * * *
    (B)(1) Through June 21, 2021, that the driver was certified by a 
medical examiner listed on the National Registry of Certified Medical 
Examiners as of the date of medical examiner's certificate issuance.
* * * * *
    (C) Through June 21, 2021, if the driver provided the motor carrier 
with a copy of the current medical examiner's certificate that was 
submitted to the State in accordance with Sec.  383.73(a)(2)(vii) of 
this chapter, the motor carrier may use a copy of that medical 
examiner's certificate as proof of the driver's medical certification 
for up to 15 days after the date it was issued.
* * * * *
    (4) In the event of a conflict between the medical certification 
information provided electronically by FMCSA and a paper copy of the 
medical examiner's certificate, the medical certification information 
provided electronically by FMCSA shall control.

0
8. Amend Sec.  391.41 by revising paragraphs (a)(2)(i) and (ii), and 
adding paragraph (a)(2)(iv), to read as follows:


Sec.  391.41  Physical qualifications for drivers.

    (a) * * *
    (2) * * *
    (i)(A) Beginning on January 30, 2015 and through June 21, 2021, a 
driver required to have a commercial driver's license under part 383 of 
this chapter, and who submitted a current medical examiner's 
certificate to the State in accordance with 49 CFR 383.71(h) 
documenting that he or she meets the physical qualification 
requirements of this part, no longer needs to carry on his or her 
person the medical examiner's certificate specified at Sec.  391.43(h), 
or a copy, for more than 15 days after the date it was issued as valid 
proof of medical certification.
    (B) On or after June 22, 2021, a driver required to have a 
commercial driver's license or a commercial learner's permit under 49 
CFR part 383, and who has a current medical examiner's certificate 
documenting that he or she meets the physical qualification 
requirements of this part, no longer needs to carry on his or her 
person the medical examiner's certificate specified at Sec.  391.43(h).
    (ii) Beginning on July 8, 2015, and through June 21, 2021, a driver 
required to have a commercial learner's permit under part 383 of this 
chapter, and who submitted a current medical examiner's certificate to 
the State in accordance with Sec.  383.71(h) of this chapter 
documenting that he or she meets the physical qualification 
requirements of this part, no longer needs to carry on his or her 
person the medical examiner's certificate specified at Sec.  391.43(h), 
or a copy for more than 15 days after the date it was issued as valid 
proof of medical certification.
* * * * *
    (iv) In the event of a conflict between the medical certification 
information provided electronically by FMCSA and a paper copy of the 
medical examiner's certificate, the medical certification information 
provided electronically by FMCSA shall control.
* * * * *

0
9. Amend Sec.  391.43 by revising paragraphs (g)(2) and (3) to read as 
follows:


Sec.  391.43  Medical examination; certificate of physical examination.

* * * * *
    (g) * * *
    (2)(i) Before June 22, 2021, if the medical examiner finds that the 
person examined is physically qualified to operate a commercial motor 
vehicle in accordance with Sec.  391.41(b), he or she must complete a 
certificate in the form prescribed in paragraph (h) of this section and 
furnish the original to the person who was examined. The examiner must 
provide a copy to a prospective or current employing motor carrier who 
requests it.
    (ii) On or after June 22, 2021, if the medical examiner identifies 
that the person examined will not be operating a commercial motor 
vehicle that requires a commercial driver's license or a commercial 
learner's permit and finds that the driver is physically qualified to 
operate a commercial motor vehicle in accordance with Sec.  391.41(b), 
he or she must complete a certificate in the form prescribed in 
paragraph (h) of this section and furnish the original to the person 
who was examined. The examiner must provide a copy to a prospective or 
current employing motor carrier who requests it.
    (3) On or after June 22, 2021, if the medical examiner finds that 
the person examined is not physically qualified to operate a commercial 
motor vehicle in accordance with Sec.  391.41(b), he or she must inform 
the person examined that he or she is not physically qualified, and 
that this information will be reported to FMCSA. All medical examiner's 
certificates previously issued to the person are not valid and no 
longer satisfy the requirements of Sec.  391.41(a).
* * * * *

0
10. Amend Sec.  391.45 by revising paragraph (d) to read as follows:


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

* * * * *
    (d) On or after June 22, 2021, any person found by a medical 
examiner not to be physically qualified to operate a commercial motor 
vehicle under the provisions of paragraph (g)(3) of Sec.  391.43.

0
11. Amend Sec.  391.51 by revising paragraphs (b)(7)(ii) and (b)(9)(ii) 
to read as follows:


Sec.  391.51  General requirements for driver qualification files.

* * * * *
    (b) * * *
    (7) * * *
    (ii) Exception. For CDL holders, beginning January 30, 2012, if the 
CDLIS motor vehicle record contains medical certification status 
information, the motor carrier employer must meet this requirement by 
obtaining the CDLIS motor vehicle record defined at Sec.  384.105 of 
this chapter. That record must be obtained from the current licensing 
State and placed in the driver qualification file. After January 30,

[[Page 28783]]

2015, a non-excepted, interstate CDL holder without medical 
certification status information on the CDLIS motor vehicle record is 
designated ``not-certified'' to operate a CMV in interstate commerce. 
After January 30, 2015 and through June 21, 2021, a motor carrier may 
use a copy of the driver's current medical examiner's certificate that 
was submitted to the State for up to 15 days from the date it was 
issued as proof of medical certification.
* * * * *
    (9) * * *
    (ii) Through June 21, 2021, for drivers required to have a CDL, a 
note relating to verification of medical examiner listing on the 
National Registry of Certified Medical Examiners required by Sec.  
391.23(m)(2).
* * * * *

    Issued under authority delegated in 49 CFR 1.87 on: June 15, 
2018.
Raymond P. Martinez,
Administrator.
[FR Doc. 2018-13314 Filed 6-20-18; 8:45 am]
 BILLING CODE 4910-EX-P


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