28774 Federal Register / Vol. 83, No. 120 / Thursday, June 21, 2018 / Rules and Regulations 

human health or environmental effects 

on minority or low-income populations 

because it does not affect the level of 

protection provided to human health or 

the environment. This rulemaking does 

not involve human health or 

environmental effects. 

K. Congressional Review 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. Section 804 

exempts from section 801 the following 

types of rules (1) rules of particular 

applicability; (2) rules relating to agency 

management or personnel; and (3) rules 

of agency organization, procedure, or 

practice that do not substantially affect 

the rights or obligations of non-agency 

parties. 5 U.S.C. 804(3). EPA is not 

required to submit a rule report 

regarding this action under section 801 

because this is a rule of agency 

organization, procedure, or practice that 

does not substantially affect the rights or 

obligations of non-agency parties. EPA 

will use SBA’s federal wide mentor 

prote ́ge ́ program instead of managing its 

own program. 

List of Subjects in 48 CFR Parts 1519 

and 1552 

Environmental protection, 

Government procurement, Reporting 

and recordkeeping requirements, Small 

businesses. 

Dated: May 16, 2018. 

Kimberly Patrick, 

Director, Office of Acquisition Management. 

For the reasons stated in the 

preamble, 48 CFR parts 1519 and 1552 

are amended as set forth below: 

PART 1519—SMALL BUSINESS 

PROGRAMS 

■ 1. The authority citation for part 1519 

continues to read as follows: 

Authority: Sec. 205(c), 63 Stat. 390, as 

amended, 40 U.S.C. 486(c). 

1519.203 [Removed and reserved] 

■ 2. Section 1519.203 is removed and 

reserved. 

PART 1552—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 3. The authority citation for part 1552 

continues to read as follows: 

Authority: 5 U.S.C. 301 and 41 U.S.C. 

418b. 

1552.219–70 [Removed and reserved] 

■ 4. Section 1552.219–70 is removed 

and reserved. 

1552.219–71 [Removed and reserved] 

■ 5. Section 1552.219–71 is removed 

and reserved. 

[FR Doc. 2018–13349 Filed 6–20–18; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Parts 383, 384, and 391 

[Docket No. FMCSA–2018–0152] 

RIN 2126–AC18 

Extension of Compliance Dates for 

Medical Examiner’s Certification 

Integration 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Interim final rule; request for 

comments. 

SUMMARY: FMCSA amends its 

regulations to delay the compliance date 

from June 22, 2018, to June 22, 2021, for 

several provisions of its April 23, 2015 

Medical Examiner’s Certification 

Integration final rule. This action is 

being taken to provide FMCSA 

additional time to complete certain 

information technology (IT) system 

development tasks for its National 

Registry of Certified Medical Examiners 

(National Registry) and provide the 

State Driver’s Licensing Agencies 

(SDLAs) sufficient time to make the 

necessary IT programming changes after 

upgrades to the National Registry. 

DATES:

Effective Date: This interim final rule 

is effective June 21, 2018. 

Public Comment Period: Comments 

must be received on or before August 

20, 2018. 

ADDRESSES: You may submit comments 

identified by Docket Number FMCSA– 

2018–0152 using any of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE, West Building, 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery or Courier: West 

Building, Ground Floor, Room W12– 

140, 1200 New Jersey Avenue SE, 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

• Fax: 202–493–2251. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

instructions on submitting comments, 

including collection of information 

comments for the Office of Information 

and Regulatory Affairs, OMB. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Christine A. Hydock, Chief, Medical 

Programs Division, Federal Motor 

Carrier Safety Administration, 1200 

New Jersey Avenue SE, Washington, DC 

20590–0001, by telephone at 202–366– 

4001, or by email at fmcsamedical@

dot.gov. If you have questions on 

viewing or submitting material to the 

docket, contact Docket Services, 

telephone (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

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 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. If you submit 

comments by mail and would like to 

know that they reached the facility, 

please enclose a stamped, self-addressed 

postcard or envelope. 

FMCSA will consider all comments 

and material received during the 


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1See 49 CFR 390.3(f) and 391.2. 

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 nonexcepted industries (49 U.S.C. 

31136(a)(3) and 31502(b)). Subject to 

certain limited exceptions,1 FMCSA has 

fulfilled the statutory mandate by 

establishing physical qualification 

standards for all drivers covered by 

these provisions (49 CFR 391.11(b)(4)). 

Such drivers must obtain, from an ME, 

a certification indicating that the driver 

is physically qualified to drive a CMV 

(49 CFR 391.41(a), 391.43(g) and (h)). 

FMCSA is also required to ensure that 

the operation of a CMV does not have 

a deleterious effect on the physical 

condition of drivers (49 U.S.C. 

31136(a)(4)). 

Drivers Required To Obtain a CDL 

The authority for FMCSA to require 

an operator of a CMV to obtain a CDL 

is based on 49 U.S.C. 31302 and the 

authority to set minimum standards for 

the testing and fitness of such operators 

rests on 49 U.S.C.31305. 

B. Authority To Regulate State CDL 

Programs 

Under 49 U.S.C. 31311 and 31314, 

FMCSA has authority to prescribe 

procedures and requirements the States 

must follow when issuing CDLs (see, 

generally, 49 CFR parts 383 and 384). In 

particular, under section 31314, in order 

to avoid loss of certain Federal-aid 

highway funds otherwise apportioned 

under 23 U.S.C. 104(b), each State must 

comply with the requirement in 49 

U.S.C. 31311(a)(1) to adopt and carry 

out a program for testing and ensuring 

the fitness of individuals to operate 

CMVs consistent with the minimum 

standards prescribed by FMCSA under 

49 U.S.C. 31305(a) (see also 49 CFR 

384.201). 

C. Authority To Require Reporting by 

MEs 

FMCSA has authority under 49 U.S.C. 

31133(a)(8) and 31149(c)(1)(E) to require 

MEs on the National Registry to obtain 

information from CMV drivers regarding 

their physical health, to record and 

retain the results of the physical 

examinations of CMV drivers, and to 

require frequent reporting of the 

information contained on the MECs they 

issue. Section 31133(a)(8) gives the 

Agency broad administrative powers 

(specifically ‘‘to prescribe recordkeeping 


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2The provisions of section 31149(c)(1)(E) have 

been amended by section 32302(c)(1)(A) of Moving 

Ahead for Progress in the 21st Century, Public Law 

112–141, 126 Stat. 405 (July 6, 2012) (‘‘MAP–21’’). 

3 Judicial review of this aspect of the 2015 final 

rule was dismissed for lack of standing in Owner 

Operator Indep. Drivers Ass’n v. United States DOT, 

878 F.3d 1099, 1102 (8th Cir. 2018) (rehearing and 

rehearing en banc) denied Apr. 2, 2018). 

and reporting requirements’’) to assist in 

ensuring motor carrier safety and driver 

health (Sen. Report No. 98–424 at 9 

(May 2, 1984)). Section 31149(c)(1)(E) 

authorizes a requirement for electronic 

reporting of certain specific information 

by MEs, including applicant names and 

numerical identifiers as determined by 

the FMCSA Administrator. Section 

31149(c)(1)(E) sets minimum monthly 

reporting requirements for MEs and 

does not preclude the exercise by the 

Agency of its broad authority under 

section 31133(a)(8) to require more 

frequent and more inclusive reports.2 In 

addition to the general rulemaking 

authority in 49 U.S.C. 31136(a), the 

Secretary of Transportation is 

specifically authorized by section 

31149(e) to ‘‘issue such regulations as 

may be necessary to carry out this 

section.’’ 

Authority to implement these various 

statutory provisions has been delegated 

to the Administrator of FMCSA (49 CFR 

1.87(f)). 

IV. Background 

A. Regulatory History 

In 2008, FMCSA issued the Medical 

Certification Requirements as Part of the 

Commercial Driver’s License (CDL) final 

rule (73 FR 73096, Dec. 1, 2008). This 

rule established requirements for CDL 

drivers to provide MEC information to 

SDLAs for posting on the driver record. 

Then the National Registry of Certified 

Medical Examiners final rule was issued 

to establish the National Registry and 

require that MEs listed on the National 

Registry perform all physical 

examinations of CMV drivers and issue 

MECs to them (77 FR 24104, Apr. 20, 

2012). The provisions of these final 

rules are now in effect. 

The Medical Examiner’s Certification 

Integration final rule adopted a number 

of changes in the procedures for the 

preparation, recording, and utilization 

of Medical Examination Report Forms 

and MECs for CMV drivers (80 FR 

22790, Apr. 23, 2015; 80 FR 35577, Jun. 

22, 2015). Some of those changes, such 

as the specific forms to be used by MEs 

to record the results of physical 

examinations and to certify CMV drivers 

as physically qualified, are already in 

effect.3

But several provisions were adopted 

with a compliance date of June 22, 2018, 

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-bySection discussion below. This delayed 

compliance date means that through 

June 21, 2021: 

• Certified MEs must continue 

issuing MECs to qualified CLP/CDL 

applicants/holders; 

• CLP/CDL applicants/holders must 

continue ensuring that the SDLA 

receives a copy of their MEC; 

• Motor carriers must continue 

verifying that drivers were certified by 

an ME listed on the National Registry; 

and 

• SDLAs must continue processing 

paper copies of MECs they receive from 

CLP/CDL applicants/holders. 

It should be noted that the 

compliance date in today’s rule remains 

as June 22, 2018, for the requirement for 

MEs to report results of all CMV driver 

physical examinations performed 

(including the results of examinations 

where the driver was found not to be 

qualified) to FMCSA by midnight (local 

time) of the next calendar day following 

the examination. In other words, except 

for the ME reporting requirement, this 


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interim final rule continues the status 

quo for another 3 years. The details for 

these requirements can be found in the 

preambles of all three of the prior final 

rules, or in the current regulatory text in 

49 CFR parts 383, 384 and 391. 

As noted above, FMCSA is not 

delaying the requirement for MEs 

performing physical examinations of 

CMV drivers to report results of all CMV 

drivers’ physical examinations 

(including the results of examinations 

where the driver was found not to be 

qualified) to FMCSA by midnight (local 

time) of the next calendar day following 

the examination, since several MEs 

already submit such results more 

frequently than monthly. Having the 

MEs begin submitting reports by 

midnight (local time) of the next 

calendar day following the examination 

also allows FMCSA to begin 

electronically transmitting this 

important safety data to each State when 

that State is ready to receive the 

information, thereby providing States 

additional flexibility to implement the 

provisions of this rulemaking at their 

own pace. FMCSA believes some States 

may be prepared to receive this data 

ahead of the June 22, 2021, date to take 

advantage of the efficiencies and added 

security the new process affords. 

When FMCSA is ready to begin 

electronically transmitting MEC 

information from the National Registry, 

and an SDLA is ready to begin receiving 

this information electronically from the 

National Registry, FMCSA will work 

with the SDLA involved on the most 

appropriate means to use such 

electronic transmissions. FMCSA states 

that, under such circumstances, 

electronic transmission of the MEC 

information may be an acceptable 

means for CDL and CLP holders to 

satisfy the requirement of providing the 

MEC to the SDLA. In order to avoid any 

uncertainty, provisions are being added 

to the appropriate regulations stating 

that, in case of a conflict between the 

medical certification information 

provided electronically by FMCSA and 

information on a paper version of the 

MEC, the electronic record will be 

controlling. On the other hand, the 

provisions in the regulations governing 

the handling of these matters under the 

current procedures will remain in effect 

through June 21, 2021, to ensure 

continued compliance by SDLAs and 

other affected stakeholders until the 

electronic transmission of MEC 

information is operational for all 

SDLAs. 

If some SDLAs begin receiving MEC 

information from FMCSA prior to June 

22, 2021, FMCSA and the SDLAs will 

make every effort to advise all 

stakeholders when such handling 

begins. MEs listed on the National 

Registry, employers and enforcement 

personnel (both State and Federal) will 

need to be made fully aware that some 

SDLAs may be following procedures 

different from the remaining States. 

VI. Good Cause Exists 

Although the promulgation of a final 

rule adjusting compliance dates would 

ordinarily involve the issuance of a 

notice of proposed rulemaking (NPRM) 

and an opportunity for public comment, 

the Administrative Procedure Act does 

permit their omission for good cause, 

when ‘‘notice and public procedure 

thereon are impracticable, unnecessary, 

or contrary to the public interest’’ 

(5 U.S.C. 553(b)(B)). The necessary IT 

infrastructure to enable stakeholders to 

comply with the regulatory provisions 

involved will not be available on June 

22, 2018. Under these circumstances, 

and in order to timely clarify the 

applicable regulatory requirements, 

FMCSA finds that there is good cause to 

issue this interim final rule. A proposed 

rule allowing prior notice and 

opportunity for comment could not be 

completed before June 22 and is 

therefore both impractical and contrary 

to the public interest. An opportunity 

for public comment is provided after 

publication of the interim final rule. All 

comments will be reviewed and the 

interim final rule may be amended as a 

result of those comments. 

In addition, upon a finding of good 

cause, the Agency may provide for a 

final rule to become effective less than 

30 days after publication in the Federal 

Register (5 U.S.C. 553(d)(3)). Therefore, 

for the same reasons as indicated above, 

the Agency makes this interim final rule 

effective immediately upon publication 

in the Federal Register. 

VII. International Impacts 

The FMCSRs, and any exceptions to 

the FMCSRs, apply only within the 

United States (and, in some cases, 

United States territories). Motor carriers 

and drivers are subject to the laws and 

regulations of the countries in which 

they operate, unless an international 

agreement states otherwise. Drivers and 

carriers should be aware of the 

regulatory differences among nations. 

VIII. Section-by-Section Analysis 

A. Parts 383, 384, and 391 

In parts 383, 384, and 391, FMCSA 

makes a few clarifying edits and 

changes the date of the rule as stated in 

the table below. 

TABLE 1—DATE CHANGES

Section that is changed: Existing language in the CFR that is removed today: 

Language added 

to the CFR by 

today’s final 

rule: 

383.71(h)(1)(i) ............................................................................ 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. 


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4Executive 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. 

TABLE 1—DATE CHANGES—Continued 

Section that is changed: Existing language in the CFR that is removed today: 

Language added 

to the CFR by 

today’s final 

rule: 

384.301(i) ................................................................................... 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 

§§ 383.71(h)(4), 383.73(o)(6), and 

391.23(m)(4). The added text states that 

in the event of a conflict between the 

medical certification information 

provided electronically by FMCSA and 

a paper copy of the MEC, the medical 

certification information provided 

electronically by FMCSA shall control. 

C. Section 391.41 

In addition to the changes in the 

compliance dates in § 391.41 noted in 

the table above, FMCSA adds the phrase 

‘‘and through June 21, 2021’’ to 

§ 391.41(a)(2)(ii), following the phrase, 

‘‘Beginning on July 8, 2015.’’ This 

provides an ending date for the 

provision that CLP holders, while 

operating a CMV, would be required to 

carry their MEC, or a copy, for up to 15 

days after the date they were issued. 

FMCSA also adds a new paragraph 

(a)(2)(iv) that states that in the event of 

a conflict between the medical 

certification information provided 

electronically by FMCSA and a paper 

copy of the MEC, the medical 

certification information provided 

electronically by FMCSA shall control. 

IX. Regulatory Analyses 

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

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 


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

553(b) of the Administrative Procedure 

Act.5

Act. 

D. Assistance for Small Entities 

In accordance with section 213(a) of 

the Small Business Regulatory 

Enforcement Fairness Act of 1996, 

FMCSA wants to assist small entities in 

understanding this interim final rule so 

that they can better evaluate its effects 

on themselves and participate in the 

rulemaking initiative. If the interim final 

rule will affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance; please consult the FMCSA 

point of contact, Ms. Christine A. 

Hydock listed in the FOR FURTHER

INFORMATION CONTACT section of this 

interim final rule. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce or otherwise determine 

compliance with Federal regulations to 

the Small Business Administration’s 

Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of FMCSA, call 1–888–REG– 

FAIR (1–888–734–3247). DOT has a 

policy regarding the rights of small 

entities to regulatory enforcement 

fairness and an explicit policy against 

retaliation for exercising these rights. 

E. Unfunded Mandates Reform Act of 

1995 

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 


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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 

■ 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. 

■ 2. Amend § 383.71 by revising 

paragraphs (h)(1) and (3), and adding 

paragraph (h)(4), to read as follows: 

§ 383.71 Driver application and 

certification procedures. 

* * * * * 

(h) * * * 

(1) New CLP and CDL applicants. (i) 

Before June 22, 2021, a new CLP or CDL 

applicant who certifies that he/she will 

operate CMVs in non-excepted, 

interstate commerce must provide the 

State with an original or copy (as 

required by the State) of a medical 

examiner’s certificate prepared by a 

medical examiner, as defined in 49 CFR 

390.5, and the State will post a medical 

qualifications status of ‘‘certified’’ on 

the CDLIS driver record for the driver; 

(ii) On or after June 22, 2021, a new 

CLP or CDL applicant who certifies that 

he/she will operate CMVs in nonexcepted, interstate commerce must be 

medically examined and certified in 

accordance with 49 CFR 391.43 as 

medically qualified to operate a CMV by 

a medical examiner, as defined in 49 

CFR 390.5. Upon receiving an electronic 

copy of the medical examiner’s 

certificate from FMCSA, the State will 

post a medical qualifications status of 

‘‘certified’’ on the CDLIS driver record 

for the driver; 

* * * * * 

(3) Maintaining the medical 

certification status of ‘‘certified.’’ (i) 

Before June 22, 2021, in order to 

maintain a medical certification status 

of ‘‘certified,’’ a CLP or CDL holder who 

certifies that he/she will operate CMVs 

in non-excepted, interstate commerce 

must provide the State with an original 

or copy (as required by the State) of 

each subsequently issued medical 

examiner’s certificate; 

(ii) On or after June 22, 2021, in order 

to maintain a medical certification 

status of ‘‘certified,’’ a CLP or CDL 

holder who certifies that he/she will 

operate CMVs in non-excepted, 

interstate commerce must continue to be 

medically examined and certified in 

accordance with 49 CFR 391.43 as 

physically qualified to operate a 

commercial motor vehicle by a medical 

examiner, as defined in 49 CFR 390.5. 

FMCSA will provide the State with an 

electronic copy of the medical 

examiner’s certificate information for all 

subsequent medical examinations in 

which the driver has been deemed 

qualified. 

(4) In the event of a conflict between 

the medical certification information 

provided electronically by FMCSA and 

a paper copy of the medical examiner’s 

certificate, the medical certification 


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information provided electronically by 

FMCSA shall control. 

■ 3. Amend § 383.73 by revising 

paragraphs (a)(2)(vii), (b)(5), (o)(1)(i) 

introductory text, (o)(1)(ii) introductory 

text, (o)(2), (o)(3), (o)(4)(i)(A), and 

(o)(4)(ii), and adding paragraph (o)(6), to 

read as follows: 

§ 383.73 State procedures 

(a) * * * 

(2) * * * 

(vii)(A) Before June 22, 2021, for 

drivers who certified their type of 

driving according to § 383.71(b)(1)(i) 

(non-excepted interstate) and, if the CLP 

applicant submits a current medical 

examiner’s certificate, date-stamp the 

medical examiner’s certificate, and post 

all required information from the 

medical examiner’s certificate to the 

CDLIS driver record in accordance with 

paragraph (o) of this section. 

(B) On or after June 22, 2021, for 

drivers who certified their type of 

driving according to § 383.71(b)(1)(i) 

(non-excepted interstate) and, if FMCSA 

provides current medical examiner’s 

certificate information electronically, 

post all required information matching 

the medical examiner’s certificate to the 

CDLIS driver record in accordance with 

paragraph (o) of this section. 

(b) * * * 

(5)(i) Before June 22, 2021, for drivers 

who certified their type of driving 

according to § 383.71(b)(1)(i) (nonexcepted interstate) and, if the CDL 

holder submits a current medical 

examiner’s certificate, date-stamp the 

medical examiner’s certificate and post 

all required information from the 

medical examiner’s certificate to the 

CDLIS driver record in accordance with 

paragraph (o) of this section. 

(ii) On or after June 22, 2021, for 

drivers who certified their type of 

driving according to § 383.71(b)(1)(i) 

(non-excepted interstate) and, if FMCSA 

provides current medical examiner’s 

certificate information electronically, 

post all required information matching 

the medical examiner’s certificate to the 

CDLIS driver record in accordance with 

paragraph (o) of this section. 

* * * * * 

(o) * * * 

(1)(i) Status of CLP or CDL holder. 

Before June 22, 2021, for each operator 

of a commercial motor vehicle required 

to have a CLP or CDL, the current 

licensing State must: 

* * * * * 

(ii) Status of CLP or CDL holder. On 

or after June 22, 2021, for each operator 

of a commercial motor vehicle required 

to have a CLP or CDL, the current 

licensing State must: 

* * * * * 

(2) Status update. (i) Before June 22, 

2021, the State must, within 10 calendar 

days of the driver’s medical examiner’s 

certificate or medical variance expiring, 

the medical variance being rescinded or 

the medical examiner’s certificate being 

voided by FMCSA, update the medical 

certification status of that driver as ‘‘not 

certified.’’ 

(ii) On or after June 22, 2021, the State 

must, within 10 calendar days of the 

driver’s medical examiner’s certificate 

or medical variance expiring, the 

medical examiner’s certificate becoming 

invalid, the medical variance being 

rescinded or the medical examiner’s 

certificate being voided by FMCSA, 

update the medical certification status 

of that driver as ‘‘not certified.’’ 

(3) Variance update. (i) Before June 

22, 2021, within 10 calendar days of 

receiving information from FMCSA 

regarding issuance or renewal of a 

medical variance for a driver, the State 

must update the CDLIS driver record to 

include the medical variance 

information provided by FMCSA. 

(ii) On or after June 22, 2021, within 

1 business day of electronically 

receiving medical variance information 

from FMCSA regarding the issuance or 

renewal of a medical variance for a 

driver, the State must update the CDLIS 

driver record to include the medical 

variance information provided by 

FMCSA. 

(4) * * * 

(i) * * * 

(A)(1) Before June 22, 2021, notify the 

CLP or CDL holder of his/her CLP or 

CDL ‘‘not-certified’’ medical 

certification status and that the CMV 

privileges will be removed from the CLP 

or CDL unless the driver submits a 

current medical examiner’s certificate 

and/or medical variance, or changes his/ 

her self-certification to driving only in 

excepted or intrastate commerce (if 

permitted by the State); 

(2) On or after June 22, 2021, notify 

the CLP or CDL holder of his/her CLP 

or CDL ‘‘not-certified’’ medical 

certification status and that the CMV 

privileges will be removed from the CLP 

or CDL unless the driver has been 

medically examined and certified in 

accordance with 49 CFR 391.43 as 

physically qualified to operate a 

commercial motor vehicle by a medical 

examiner, as defined in 49 CFR 390.5, 

or the driver changes his/her selfcertification to driving only in excepted 

or intrastate commerce (if permitted by 

the State). 

* * * * * 

(ii)(A) Before June 22, 2021, if a driver 

fails to provide the State with the 

certification contained in § 383.71(b)(1), 

or a current medical examiner’s 

certificate if the driver self-certifies 

according to § 383.71(b)(1)(i) that he/she 

is operating in non-excepted interstate 

commerce as required by § 383.71(h), 

the State must mark that CDLIS driver 

record as ‘‘not-certified’’ and initiate a 

CLP or CDL downgrade following State 

procedures in accordance with 

paragraph (o)(4)(i)(B) of this section. 

(B) On or after June 22, 2021, if a 

driver fails to provide the State with the 

certification contained in § 383.71(b)(1), 

or, if the driver self-certifies according 

to § 383.71(b)(1)(i) that he/she is 

operating in non-excepted interstate 

commerce as required by § 383.71(h) 

and the information required by 

paragraph (o)(2)(ii) of this section is not 

received and posted, the State must 

mark that CDLIS driver record as ‘‘notcertified’’ and initiate a CLP or CDL 

downgrade following State procedures 

in accordance with paragraph 

(o)(4)(i)(B) of this section. 

* * * * * 

(6) In the event of a conflict between 

the medical certification information 

provided electronically by FMCSA and 

a paper copy of the medical examiner’s 

certificate, the medical certification 

information provided electronically by 

FMCSA shall control. 

* * * * * 

PART 384—STATE COMPLIANCE 

WITH COMMERCIAL DRIVER’S 

LICENSE PROGRAM 

■ 4. The authority citation for part 384 

continues to read as follows: 

Authority: 49 U.S.C. 31136, 31301, et seq., 

and 31502; secs. 103 and 215 of Pub. L. 106– 

59, 113 Stat. 1753, 1767; sec. 32934 of Pub. 

L. 112–141, 126 stat. 405, 830 and 49 CFR 

1.87. 

■ 5. Amend § 384.301 by revising 

paragraph (i) to read as follows: 

§ 384.301 Substantial compliance-general 

requirements. 

* * * * * 

(i) A State must come into substantial 

compliance with the requirements of 

subpart B of this part and part 383 of 

this chapter in effect as of June 22, 2015, 

as soon as practical, but, unless 

otherwise specifically provided in this 

part, not later than June 22, 2021. 

* * * * * 

PART 391—QUALIFICATIONS OF 

DRIVERS AND LONGER 

COMBINATION VEHICLE (LCV) 

DRIVER INSTRUCTORS 

■ 6. The authority citation for part 391 

continues to read as follows: 


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Authority: 49 U.S.C. 504, 508, 31133, 

31136, 31149, and 31502; sec. 4007(b) of Pub. 

L. 102–240, 105 Stat. 1914, 2152; sec. 114 of 

Pub. L. 103–311, 108 Stat. 1673, 1677; sec. 

215 of Pub. L. 106–159, 113 Stat. 1748, 1767; 

sec. 32934 of Pub. L. 112–141, 126 Stat. 405, 

830; sec. 5524 of Pub. L. 114–94, 129 Stat. 

1312, 1560; and 49 CFR 1.87. 

■ 7. Amend § 391.23 by revising 

paragraphs (m)(2)(i)(B)(1) and 

(m)(2)(i)(C), (m)(3)(i)(B)(1) and 

(m)(3)(i)(C), and adding paragraph 

(m)(4), to read as follows: 

§ 391.23 Investigation and inquiries. 

* * * * * 

(m) * * * 

(2) * * * 

(i) * * * 

(B)(1) Beginning on May 21, 2014, and 

through June 21, 2021, that the driver 

was certified by a medical examiner 

listed on the National Registry of 

Certified Medical Examiners as of the 

date of medical examiner’s certificate 

issuance. 

* * * * * 

(C) Exception. Beginning on January 

30, 2015, and through June 21, 2021, if 

the driver provided the motor carrier 

with a copy of the current medical 

examiner’s certificate that was 

submitted to the State in accordance 

with § 383.73(b)(5) of this chapter, the 

motor carrier may use a copy of that 

medical examiner’s certificate as proof 

of the driver’s medical certification for 

up to 15 days after the date it was 

issued. 

* * * * * 

(3) * * * 

(i) * * * 

(B)(1) Through June 21, 2021, that the 

driver was certified by a medical 

examiner listed on the National Registry 

of Certified Medical Examiners as of the 

date of medical examiner’s certificate 

issuance. 

* * * * * 

(C) Through June 21, 2021, if the 

driver provided the motor carrier with 

a copy of the current medical 

examiner’s certificate that was 

submitted to the State in accordance 

with § 383.73(a)(2)(vii) of this chapter, 

the motor carrier may use a copy of that 

medical examiner’s certificate as proof 

of the driver’s medical certification for 

up to 15 days after the date it was 

issued. 

* * * * * 

(4) In the event of a conflict between 

the medical certification information 

provided electronically by FMCSA and 

a paper copy of the medical examiner’s 

certificate, the medical certification 

information provided electronically by 

FMCSA shall control. 

■ 8. Amend § 391.41 by revising 

paragraphs (a)(2)(i) and (ii), and adding 

paragraph (a)(2)(iv), to read as follows: 

§ 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 § 391.43(h), or a 

copy, for more than 15 days after the 

date it was issued as valid proof of 

medical certification. 

(B) On or after June 22, 2021, a driver 

required to have a commercial driver’s 

license or a commercial learner’s permit 

under 49 CFR part 383, and who has a 

current medical examiner’s certificate 

documenting that he or she meets the 

physical qualification requirements of 

this part, no longer needs to carry on his 

or her person the medical examiner’s 

certificate specified at § 391.43(h). 

(ii) Beginning on July 8, 2015, and 

through June 21, 2021, a driver required 

to have a commercial learner’s permit 

under part 383 of this chapter, and who 

submitted a current medical examiner’s 

certificate to the State in accordance 

with § 383.71(h) of this chapter 

documenting that he or she meets the 

physical qualification requirements of 

this part, no longer needs to carry on his 

or her person the medical examiner’s 

certificate specified at § 391.43(h), or a 

copy for more than 15 days after the 

date it was issued as valid proof of 

medical certification. 

* * * * * 

(iv) In the event of a conflict between 

the medical certification information 

provided electronically by FMCSA and 

a paper copy of the medical examiner’s 

certificate, the medical certification 

information provided electronically by 

FMCSA shall control. 

* * * * * 

■ 9. Amend § 391.43 by revising 

paragraphs (g)(2) and (3) to read as 

follows: 

§ 391.43 Medical examination; certificate 

of physical examination. 

* * * * * 

(g) * * * 

(2)(i) Before June 22, 2021, if the 

medical examiner finds that the person 

examined is physically qualified to 

operate a commercial motor vehicle in 

accordance with § 391.41(b), he or she 

must complete a certificate in the form 

prescribed in paragraph (h) of this 

section and furnish the original to the 

person who was examined. The 

examiner must provide a copy to a 

prospective or current employing motor 

carrier who requests it. 

(ii) On or after June 22, 2021, if the 

medical examiner identifies that the 

person examined will not be operating 

a commercial motor vehicle that 

requires a commercial driver’s license or 

a commercial learner’s permit and finds 

that the driver is physically qualified to 

operate a commercial motor vehicle in 

accordance with § 391.41(b), he or she 

must complete a certificate in the form 

prescribed in paragraph (h) of this 

section and furnish the original to the 

person who was examined. The 

examiner must provide a copy to a 

prospective or current employing motor 

carrier who requests it. 

(3) On or after June 22, 2021, if the 

medical examiner finds that the person 

examined is not physically qualified to 

operate a commercial motor vehicle in 

accordance with § 391.41(b), he or she 

must inform the person examined that 

he or she is not physically qualified, 

and that this information will be 

reported to FMCSA. All medical 

examiner’s certificates previously issued 

to the person are not valid and no longer 

satisfy the requirements of § 391.41(a). 

* * * * * 

■ 10. Amend § 391.45 by revising 

paragraph (d) to read as follows: 

§ 391.45 Persons who must be medically 

examined and certified. 

* * * * * 

(d) On or after June 22, 2021, any 

person found by a medical examiner not 

to be physically qualified to operate a 

commercial motor vehicle under the 

provisions of paragraph (g)(3) of 

§ 391.43. 

■ 11. Amend § 391.51 by revising 

paragraphs (b)(7)(ii) and (b)(9)(ii) to read 

as follows: 

§ 391.51 General requirements for driver 

qualification files. 

* * * * * 

(b) * * * 

(7) * * * 

(ii) Exception. For CDL holders, 

beginning January 30, 2012, if the CDLIS 

motor vehicle record contains medical 

certification status information, the 

motor carrier employer must meet this 

requirement by obtaining the CDLIS 

motor vehicle record defined at 

§ 384.105 of this chapter. That record 

must be obtained from the current 

licensing State and placed in the driver 

qualification file. After January 30, 


pmangrum on DSK30RV082PROD with RULES
Federal Register / Vol. 83, No. 120 / Thursday, June 21, 2018 / Rules and Regulations 28783 

2015, a non-excepted, interstate CDL 

holder without medical certification 

status information on the CDLIS motor 

vehicle record is designated ‘‘notcertified’’ to operate a CMV in interstate 

commerce. After January 30, 2015 and 

through June 21, 2021, a motor carrier 

may use a copy of the driver’s current 

medical examiner’s certificate that was 

submitted to the State for up to 15 days 

from the date it was issued as proof of 

medical certification. 

* * * * * 

(9) * * * 

(ii) Through June 21, 2021, for drivers 

required to have a CDL, a note relating 

to verification of medical examiner 

listing on the National Registry of 

Certified Medical Examiners required by 

§ 391.23(m)(2). 

* * * * * 

Issued under authority delegated in 49 CFR 

1.87 on: June 15, 2018. 

Raymond P. Martinez, 

Administrator. 

[FR Doc. 2018–13314 Filed 6–20–18; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 170901861–8524–02] 

RIN 0648–BH08 

Fisheries Off West Coast States; 

Coastal Pelagic Species Fisheries; 

Biennial Specifications 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: This final rule implements 

annual harvest specifications and 

management measures to establish 

allowable catch levels for Pacific 

mackerel for the fishing years 2017– 

2018 and 2018–2019. The harvest 

guideline (HG) and annual catch target 

(ACT) for the 2017–2018 fishing year are 

26,293 metric tons (mt) and 25,293 mt, 

respectively. The HG and ACT for the 

2018–2019 fishing year are 23,840 mt 

and 22,840 mt, respectively. The ACT 

serves as the primary directed 

commercial harvest quotas. If the fishery 

attains the ACT in either fishing year, 

the directed fishery will close, reserving 

the difference between the HG and ACT 

as a 1,000 mt set-aside for incidental 

landings in other fisheries. If the HG is 

reached, all retention would be 

prohibited through the end of the 

fishing year. This rule is intended to 

conserve and manage the Pacific 

mackerel stock off the U.S. West Coast. 

DATES: Effective July 23, 2018 through 

June 30, 2019. 

ADDRESSES: Copies of the report, 

‘‘Pacific Mackerel Biomass Projection 

Estimate for USA Management in 2017– 

2018 and 2018–2019’’ may be obtained 

from the West Coast Regional Office, 

501 W Ocean Blvd., Ste. 4200, Long 

Beach, CA 90802–4250. 

FOR FURTHER INFORMATION CONTACT: 

Joshua Lindsay, West Coast Region, 

NMFS, (562) 980–4034. 

SUPPLEMENTARY INFORMATION: Under the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act), 16 U.S.C. 1801 

et seq., NMFS manages the Pacific 

mackerel fishery in the U.S. Exclusive 

Economic Zone off the West Coast in 

accordance with the Coastal Pelagic 

Species (CSP) Fishery Management Plan 

(FMP). The CPS FMP and its 

implementing regulations require NMFS 

to set annual harvest specifications for 

the Pacific mackerel fishery based on 

the annual specification framework and 

control rules in the FMP. The control 

rules in the CPS FMP include the HG 

control rule, which in conjunction with 

the overfishing limit (OFL) and 

acceptable biological catch (ABC) rules, 

are used to manage harvest levels for 

Pacific mackerel. According to the FMP, 

the quota for the principal commercial 

fishery, the HG, is determined using the 

FMP-specified HG formula. The HG is 

based, in large part, on the current 

estimate of stock biomass. The biomass 

estimate is an explicit part of the 

various harvest control rules for Pacific 

mackerel, and as the estimated biomass 

decreases or increases from one year to 

the next, the resulting allowable catch 

levels similarly trend. More information 

on the Pacific Fishery Management 

Council’s (Council) process for 

developing Pacific mackerel harvest 

specifications and more detail on the 

HG control rule are provided in the 

proposed rule for this action (82 FR 

56204) and are not repeated here. 

The purpose of this final rule is to 

implement these harvest specifications, 

which include allowable harvest levels 

(ACT, HG, annual catch limit (ACL)), as 

well as annual catch reference points 

(OFL and ABC) that take into 

consideration uncertainty surrounding 

the current biomass estimates for Pacific 

mackerel for the 2017–2018 and 2018– 

2019 fishing years. As described above, 

the Pacific mackerel HG control rule is 

the primary mechanism for setting the 

annual commercial fishery quota, 

however the Council recommended, and 

NMFS is implementing, ACTs under the 

HG that will trigger a closure of directed 

commercial fishing for Pacific mackerel 

and incidental harvest provisions. The 

reason for instituting an ACT and 

closing directed fishing at the ACT 

instead of all commercial catch at the 

HG, is that Pacific mackerel commonly 

school with other CPS; the 1,000 mt 

buffer between the ACT and HG would 

allow for the continued prosecution of 

these other important CPS fisheries after 

the ACT for Pacific mackerel is attained. 

The OFL is the catch level above which 

overfishing would be occurring and the 

ABC is set below the OFL to account for 

scientific uncertainty in the OFL. The 

ACL can be set equal to or less than the 

ABC if necessary to ensure overfishing 

does not occur and serves as the basis 

to invoke management controls that can 

prevent the ACL from being exceeded 

and to correct or mitigate overages of the 

ACL if they occur, and can be set no 

higher than the ABC. 

The Council recommended, and 

NMFS is implementing, Pacific 

mackerel harvest specifications and 

management measures for both the 

2017–2018 and 2018–2019 fishing years. 

For the 2017–2018 Pacific mackerel 

fishing year these include an OFL of 

30,115 mt, an ABC and ACL of 27,510 

mt, a HG of 26,293 mt, and an ACT of 

25,293 mt. For the 2018–2019 Pacific 

mackerel fishing year these include an 

OFL of 27,662 mt, an ABC and ACL of 

25,269 mt, a HG of 23,840 mt, and an 

ACT of 22,840 mt. The Pacific mackerel 

fishing season runs from July 1 to June 

30. These catch specifications are based 

on the control rules established in the 

CPS FMP and biomass estimates of 

143,403 mt (2017–2018) and 131,724 mt 

(2018–2019). These biomass estimates 

are the result of the NMFS Southwest 

Fishery Science Center’s Pacific 

mackerel stock assessment completed in 

June 2015, and a subsequent catch-only 

projection estimate completed in June 

2017. The Council’s Scientific and 

Statistical Committee approved the 

biomass estimates from the assessment 

and catch-only projection estimate as 

the best available scientific information 

for management at its June 2017 meeting 

(see ADDRESSES). 

Upon the unlikely attainment of the 

ACT in either fishing year, directed 

fishing would close, reserving the 

difference between the HG and ACT 

(1,000 mt) as a set aside for incidental 

landings in other fisheries and other 

sources of mortality. For the remainder 

of the fishing year, incidental landings 

would be constrained to a 45-percent 

incidental catch allowance when Pacific 


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