3574 Federal Register / Vol. 89, No. 13 / Friday, January 19, 2024 / Rules and Regulations 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); and 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA. 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

Executive Order 12898 (Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

February 16, 1994) directs Federal 

agencies to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on minority populations 

and low-income populations to the 

greatest extent practicable and 

permitted by law. EPA defines 

environmental justice (EJ) as ‘‘the fair 

treatment and meaningful involvement 

of all people regardless of race, color, 

national origin, or income with respect 

to the development, implementation, 

and enforcement of environmental laws, 

regulations, and policies.’’ EPA further 

defines the term fair treatment to mean 

that ‘‘no group of people should bear a 

disproportionate burden of 

environmental harms and risks, 

including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ The Indiana Department of 

Environmental Management did not 

evaluate environmental justice 

considerations as part of its SIP 

submittal; the CAA and applicable 

implementing regulations neither 

prohibit nor require such an evaluation. 

EPA did not perform an EJ analysis and 

did not consider EJ in this action. 

Consideration of EJ is not required as 

part of this action, and there is no 

information in the record inconsistent 

with the stated goal of E.O. 12898 of 

achieving environmental justice for 

people of color, low-income 

populations, and Indigenous peoples. 

This action is subject to the 

Congressional Review Act, and EPA will 

submit a rule report to each House of 

the Congress and to the Comptroller 

General of the United States. This action 

is not a ‘‘major rule’’ as defined by 5 

U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by March 19, 2024. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of this Federal Register, rather than file 

an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: January 10, 2024. 

Debra Shore, 

Regional Administrator, Region 5. 

For the reasons stated in the 

preamble, title 40 CFR part 52 is 

amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

■ 2. In § 52 .770, the table in paragraph 

(e) is amended by revising the entry for 

‘‘Lake and Porter Counties 2008 8-hour 

Ozone Maintenance Plan’’ to read as 

follows: 

§ 52.770 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED INDIANA NONREGULATORY AND QUASI-REGULATORY PROVISIONS

Title Indiana date EPA approval Explanation 

Lake and Porter Counties 2008 8-hour 

Ozone Maintenance Plan.

9/21/2023 1/19/2024, [INSERT FEDERAL REGISTER CITATION].Updated Onroad Emissions Inventory 

and Motor Vehicle Emissions Budgets. 

* * * * * 

[FR Doc. 2024–00790 Filed 1–18–24; 8:45 am] 

BILLING CODE 6560–50–P 

NATIONAL FOUNDATION ON THE 

ARTS AND THE HUMANITIES 

National Endowment for the Arts 

45 CFR Parts 1149 and 1158 

RIN 3135–AA33 

Civil Penalties Adjustment for 2024 

AGENCY: National Endowment for the 

Arts, National Foundation on the Arts 

and the Humanities. 

ACTION: Final rule. 

SUMMARY: The National Endowment for 

the Arts (NEA) is adjusting the 

maximum civil monetary penalties 

(CMPs) that may be imposed for 

violations of the Program Fraud Civil 

Remedies Act (PFCRA) and the NEA’s 

Restrictions on Lobbying to reflect the 

requirements of the Federal Civil 

Penalties Inflation Adjustment Act 

Improvements Act of 2015 (the 2015 

Act). The 2015 Act further amended the 

Federal Civil Penalties Inflation 

Adjustment Act of 1990 (the Inflation 

Adjustment Act) to improve the 

effectiveness of civil monetary penalties 

and to maintain their deterrent effect. 

This final rule provides the 2024 annual 

inflation adjustments to the initial 


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Federal Register / Vol. 89, No. 13 / Friday, January 19, 2024 / Rules and Regulations 3575 

1 82 FR 58348. 

2 82 FR 27431. 

3OMB Memorandum M–24–07 (December 19, 

2023). 

‘‘catch-up’’ adjustments made on June 

15, 2017, and reflects all other inflation 

adjustments made in the interim. 

DATES: This rule is effective January 19, 

2024. 

FOR FURTHER INFORMATION CONTACT: 

Daniel Fishman, Assistant General 

Counsel, National Endowment for the 

Arts, 400 7th St. SW, Washington, DC 

20506, Telephone: 202–682–5418. 

SUPPLEMENTARY INFORMATION: 

1. Background 

On December 12, 2017, the NEA 

issued a final rule entitled ‘‘Federal 

Civil Penalties Adjustments’’ 1 which 

finalized the NEA’s June 15, 2017, 

interim final rule entitled 

‘‘Implementing the Federal Civil 

Penalties Adjustment Act Improvements 

Act’’,2 implementing the 2015 Act 

(section 701 of Pub. L. 114–74), which 

amended the Inflation Adjustment Act 

(28 U.S.C. 2461 note) requiring catch-up 

and annual adjustments to the NEA’s 

CMPs. The 2015 Act requires agencies 

make annual adjustments to its CMPs 

for inflation. 

A CMP is defined in the Inflation 

Adjustment Act as any penalty, fine, or 

other sanction that is (1) for a specific 

monetary amount as provided by 

Federal law, or has a maximum amount 

provided for by Federal law; (2) 

assessed or enforced by an agency 

pursuant to Federal law; and (3) 

assessed or enforced pursuant to an 

administrative proceeding or a civil 

action in the Federal courts. 

These annual inflation adjustments 

are based on the percentage change in 

the Consumer Price Index for all Urban 

Consumers (CPI–U) for the month of 

October preceding the date of the 

adjustment, relative to the October CPI– 

U in the year of the previous 

adjustment. The formula for the amount 

of a CMP inflation adjustment is 

prescribed by law, as explained in OMB 

Memorandum M–16–06 (February 24, 

2016), and therefore the amount of the 

adjustment is not subject to the exercise 

of discretion by the Chairman of the 

National Endowment for the Arts 

(Chairman). 

The Office of Management and Budget 

has issued guidance on implementing 

and calculating the 2024 adjustment 

under the 2015 Act.3 Per this guidance, 

the CPI–U adjustment multiplier for this 

annual adjustment is 1.03241. In its 

prior rules, the NEA identified two 

CMPs, which require adjustment: the 

penalty for false statements under the 

PFCRA and the penalty for violations of 

the NEA’s Restrictions on Lobbying. 

With this rule, the NEA is adjusting the 

amount of those CMPs accordingly. 

2. Dates of Applicability 

The inflation adjustments contained 

in this rule shall apply to any violations 

assessed after January 15, 2024. 

3. Adjustments 

Two CMPs in NEA regulations require 

adjustment in accordance with the 2015 

Act: (1) the penalty associated with the 

Program Fraud Civil Remedies Act (45 

CFR 1149.9) and (2) the penalty 

associated with Restrictions on 

Lobbying (45 CFR 1158.400; 45 CFR part 

1158, app. A). 

A. Adjustments to Penalties Under the 

NEA’s Program Fraud Civil Remedies 

Act Regulations 

The current maximum penalty under 

the PFCRA for false claims and 

statements is currently set at $13,507. 

The post-adjustment penalty or range is 

obtained by multiplying the preadjustment penalty or range by the 

percent change in the CPI–U over the 

relevant time period and rounding to 

the nearest dollar. Between October 

2022 and October 2023, the CPI–U 

increased by a multiplier of 103.241%. 

Therefore, the new post-adjustment 

maximum penalty under the PFCRA for 

false statements is $13,507 × 1.03241= 

$13,944.76 which rounds to $13,945. 

Therefore, the maximum penalty under 

the PFCRA for false claims and 

statements will be $13,945. 

B. Adjustments to Penalties Under the 

NEA’s Restrictions on Lobbying 

Regulations 

The penalty for violations of the 

Restrictions on Lobbying is currently set 

at a range of a minimum of $23,714 and 

a maximum of $237,268. The postadjustment penalty or range is obtained 

by multiplying the pre-adjustment 

penalty or range by the percent change 

in the CPI–U over the relevant time 

period and rounding to the nearest 

dollar. Between October 2022 and 

October 2023, the CPI–U increased by a 

multiplier of 103.241%. Therefore, the 

new post-adjustment minimum penalty 

under the Restrictions on Lobbying is 

$23,714 × 1.03241 = $24,482.57074, 

which rounds to $24,483 and the 

maximum penalty under the 

Restrictions on Lobbying is $237,268 × 

1.03241 = $244,957.86, which rounds to 

$244,958. Therefore, the range of 

penalties under the law on the 

Restrictions on Lobbying shall be 

between $24,483 and $244,958. 

Administrative Procedure Act 

Section 553 of the Administrative 

Procedure Act requires agencies to 

provide an opportunity for notice and 

comment on rulemaking and also 

requires agencies to delay a rule’s 

effective date for 30 days following the 

date of publication in the Federal 

Register unless an agency finds good 

cause to forgo these requirements. 

However, section 4(b)(2) of the 2015 Act 

requires agencies to adjust civil 

monetary penalties notwithstanding 

section 553 of the Administrative 

Procedure Act (APA) and publish 

annual inflation adjustments in the 

Federal Register. ‘‘This means that the 

public procedure the APA generally 

requires . . . is not required for agencies 

to issue regulations implementing the 

annual adjustment.’’ OMB 

Memorandum M–18–03. 

Even if the 2015 Act did not except 

this final rule from section 553 of the 

APA, the NEA has good cause to 

dispense with notice and comment. 

Section 553(b)(B), authorizes agencies to 

dispense with notice and comment 

procedures for rulemaking if the agency 

finds good cause that notice and 

comment are impracticable, 

unnecessary, or contrary to public 

interest. The annual adjustments to civil 

penalties for inflation and the method of 

calculating those adjustments are 

established by section 5 of the 2015 Act, 

as amended, leaving no discretion for 

the NEA. Accordingly, public comment 

would be impracticable because the 

NEA would be unable to consider such 

comments in the rulemaking process. 

Regulatory Planning and Review 

(Executive Order 12866) 

Executive Order 12866 (E.O. 12866) 

established a process for review of rules 

by the Office of Information and 

Regulatory Affairs, which is within the 

Office of Management and Budget 

(OMB). Only ‘‘significant’’ proposed and 

final rules are subject to review under 

this Executive Order. ‘‘Significant,’’ as 

used in E.O. 12866, means 

‘‘economically significant.’’ It refers to 

rules with (1) an impact on the economy 

of $100 million; or that (2) were 

inconsistent or interfered with an action 

taken or planned by another agency; (3) 

materially altered the budgetary impact 

of entitlements, grants, user fees, or loan 

programs; or (4) raised novel legal or 

policy issues. 

This final rule would not be a 

significant policy change and OMB has 

not reviewed this final rule under E.O. 

12866. The NEA has made the 

assessments required by E.O. 12866 and 

determined that this final rule: (1) will 


ddrumheller on DSK120RN23PROD with RULES1
3576 Federal Register / Vol. 89, No. 13 / Friday, January 19, 2024 / Rules and Regulations 

not have an effect of $100 million or 

more on the economy; (2) will not 

adversely affect in a material way the 

economy, productivity, competition, 

jobs, the environment, public health or 

safety, or State, local, or Tribal 

governments or communities; (3) will 

not create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency; (4) does 

not alter the budgetary effects of 

entitlements, grants, user fees, or loan 

programs or the rights or obligations of 

their recipients; and (5) does not raise 

novel legal or policy issues. 

Federalism (Executive Order 13132) 

This final rule does not have 

federalism implications, as set forth in 

E.O. 13132. As used in this order, 

federalism implications mean 

‘‘substantial direct effects on the States, 

on the relationship between the 

[N]ational [G]overnment and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government.’’ The NEA has 

determined that this final rule will not 

have federalism implications within the 

meaning of E.O. 13132. 

Civil Justice Reform (Executive Order 

12988) 

This final rule meets the applicable 

standards set forth in section 3(a) and 

3(b)(2) of E.O. 12988. Specifically, this 

final rule is written in clear language 

designed to help reduce litigation. 

Indian Tribal Governments (Executive 

Order 13175) 

Under the criteria in E.O. 13175, the 

NEA has evaluated this final rule and 

determined that it would have no 

potential effects on Federally recognized 

Indian Tribes. 

Takings (Executive Order 12630) 

Under the criteria in E.O. 12630, this 

final rule does not have significant 

takings implications. Therefore, a 

takings implication assessment is not 

required. 

Regulatory Flexibility Act of 1980 (5 

U.S.C. 605(b)) 

This final rule will not have a 

significant adverse impact on a 

substantial number of small entities, 

including small businesses, small 

governmental jurisdictions, or certain 

small not-for-profit organizations. 

Paperwork Reduction Act of 1995 (44 

U.S.C., Chapter 35) 

This final rule will not impose any 

‘‘information collection’’ requirements 

under the Paperwork Reduction Act. 

Under the Act, information collection 

means the obtaining or disclosure of 

facts or opinions by or for an agency by 

10 or more nonfederal persons. 

Unfunded Mandates Act of 1995 (Sec. 

202, Pub. L. 104–4) 

This final rule does not contain a 

Federal mandate that will result in the 

expenditure by State, local, and Tribal 

governments, in the aggregate, or by the 

private sector of $100 million or more 

in any one year. 

National Environmental Policy Act of 

1969 (5 U.S.C. 804) 

The final rule will not have a 

significant effect on the human 

environment. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 (Sec. 804, Pub. L. 

104–121) 

This final rule would not be a major 

rule as defined in section 804 of the 

Small Business Regulatory Enforcement 

Fairness Act of 1996. This final rule will 

not result in an annual effect on the 

economy of $100 million or more, a 

major increase in costs or prices, 

significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or on the 

ability of United States-based 

companies to compete with foreign 

based companies in domestic and 

export markets. 

E-Government Act of 2002 (44 U.S.C. 

3504) 

Section 206 of the E-Government Act 

requires agencies, to the extent 

practicable, to ensure that all 

information about that agency required 

to be published in the Federal Register 

is also published on a publicly 

accessible website. All information 

about the NEA required to be published 

in the Federal Register may be accessed 

at https://www.arts.gov. This Act also 

requires agencies to accept public 

comments on their rules ‘‘by electronic 

means.’’ See heading ‘‘Public 

Participation’’ for directions on 

electronic submission of public 

comments on this final rule. 

Finally, the E-Government Act 

requires, to the extent practicable, that 

agencies ensure that a publicly 

accessible Federal Government website 

contains electronic dockets for 

rulemakings under the Administrative 

Procedure Act of 1946 (5 U.S.C. 551 et 

seq.). Under this Act, an electronic 

docket consists of all submissions under 

section 553(c) of title 5, United States 

Code; and all other materials that by 

agency rule or practice are included in 

the rulemaking docket under section 

553(c) of title 5, United States Code, 

whether or not submitted electronically. 

The website 

https://www.regulations.gov contains 

electronic dockets for the NEA’s 

rulemakings under the Administrative 

Procedure Act of 1946. 

Plain Writing Act of 2010 (5 U.S.C. 301) 

Under this Act, the term ‘‘plain 

writing’’ means writing that is clear, 

concise, well-organized, and follows 

other best practices appropriate to the 

subject or field and intended audience. 

To ensure that this final rule has been 

written in plain and clear language so 

that it can be used and understood by 

the public, the NEA has modeled the 

language of this final rule on the Federal 

Plain Language Guidelines. 

Public Participation (Executive Order 

13563) 

The NEA encourages public 

participation by ensuring its 

documentation is understandable by the 

general public and has written this final 

rule in compliance with Executive 

Order 13563 by ensuring its 

accessibility, consistency, simplicity of 

language, and overall 

comprehensibility. 

List of Subjects in 45 CFR Parts 1149 

and 1158 

Administrative practice and 

procedure, Government contracts, Grant 

programs, Loan programs, Lobbying, 

Penalties. 

For the reasons stated in the 

preamble, the NEA amends 45 CFR 

parts 1149 and 1158 as follows: 

PART 1149—PROGRAM FRAUD CIVIL 

REMEDIES ACT REGULATIONS 

■ 1. The authority citation for part 1149 

continues to read as follows: 

Authority: 5 U.S.C. App. 8G(a)(2); 20 

U.S.C. 959; 28 U.S.C. 2461 note; 31 U.S.C. 

3801–3812. 

§ 1149.9 [Amended] 

■ 2. In § 1149.9, amend paragraph (a)(1) 

by removing the amount ‘‘$13,507’’ and 

adding in its place the amount 

‘‘$13,945’’. 

PART 1158—NEW RESTRICTIONS ON 

LOBBYING 

■ 3. The authority citation for part 1158 

continues to read as follows: 

Authority: 20 U.S.C. 959; 28 U.S.C. 2461; 

31 U.S.C. 1352. 

§ 1158.400 [Amended] 

■ 4. In § 1158.400, amend paragraphs 

(a), (b), and (e) by: 


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Federal Register / Vol. 89, No. 13 / Friday, January 19, 2024 / Rules and Regulations 3577 

1Section 14(f) of DOT 2100.6A (Rulemaking and 

Guidance Procedures) states that it is DOT policy 

to encourage providing an opportunity for public 

comment on guidance documents, as public input 

can be very helpful in formulating and improving 

the guidance that DOT offers. 

■ a. Removing the amount ‘‘$23,714’’ 

and adding in its place the amount 

‘‘$24,483’’ wherever it appears; and 

■ b. Removing the amount ‘‘$237,268’’ 

and adding in its place the amount 

‘‘$244,958’’ wherever it appears. 

Appendix A to Part 1158 [Amended] 

■ 5. Amend appendix A to part 1158 by 

removing the amount ‘‘$23,714’’ and 

adding in its place the amount 

‘‘$24,483’’ and by removing the amount 

‘‘$237,268’’ and adding in its place the 

amount ‘‘$244,958’’ in the following 

places: 

■ a. In the last paragraph under the 

heading ‘‘Certification for Contracts, 

Grants, Loans, and Cooperative 

Agreements’’; and 

■ b. In the last paragraph under the 

heading ‘‘Statement for Loan Guarantees 

and Loan Insurance’’. 

Dated: January 16, 2024. 

Daniel Beattie, 

Director of Guidelines and Panel Operations. 

[FR Doc. 2024–00992 Filed 1–18–24; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Part 391 

[Docket No. FMCSA–2022–0111] 

Qualifications of Drivers: Medical 

Advisory Criteria 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: FMCSA updates the Medical 

Advisory Criteria published as an 

appendix in the Code of Federal 

Regulations (CFR). The appendix 

provides guidance for medical 

examiners listed on FMCSA’s National 

Registry of Certified Medical Examiners 

(National Registry) on the applicability 

and interpretation of the physical 

qualification standards for operators of 

commercial motor vehicles. The 

advisory criteria in the appendix are 

also intended to provide 

recommendations and information to 

assist medical examiners in applying 

the standards, basic information related 

to testing, and matters to consider when 

making a qualification determination. 

The updated Medical Advisory Criteria 

replace all previous versions of the 

criteria. 

DATES: This final rule is effective on 

January 19, 2024. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Christine A. Hydock, Chief, Medical 

Programs Division, FMCSA, 1200 New 

Jersey Avenue SE, Washington, DC 

20590, (202) 366–4001, 

FMCSAmedical@dot.gov. If you have 

questions on viewing material in the 

docket, call Dockets Operations at (202) 

366–9826. 

SUPPLEMENTARY INFORMATION: 

I. Availability of Documents 

To view comments or any documents 

mentioned as being available in the 

docket, go to https://

www.regulations.gov/docket/FMCSA2022-0111/document and choose the 

document to review. To view 

comments, click ‘‘Browse Comments.’’ If 

you do not have access to the internet, 

you may view the docket online by 

visiting Dockets Operations on the 

ground floor of the DOT West Building, 

1200 New Jersey Avenue SE, 

Washington, DC 20590–0001, between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. To be 

sure someone is there to help you, 

please call (202) 366–9317 or (202) 366– 

9826 before visiting Dockets Operations. 

II. Legal Basis 

FMCSA has statutory authority under 

49 U.S.C. 31136(a)(3) and 

31149(c)(1)(A)(i)—delegated to the 

Agency by 49 CFR 1.87(f)—to establish 

regulations to ensure the physical 

condition of commercial motor vehicle 

operators is adequate to enable them to 

operate the vehicles safely. The 

guidance in the Medical Advisory 

Criteria is related to the physical 

qualification regulations required by 

those sections. 

The notice and comment rulemaking 

procedures of the Administrative 

Procedure Act (APA) do not apply to 

interpretative rules and general 

statements of policy (commonly called 

‘‘guidance’’) (5 U.S.C. 553(b)(A)). The 

Medical Advisory Criteria are 

interpretative rules that provide 

guidance, but do not amend any Agency 

regulation or establish any requirements 

for medical examiners or drivers not 

found in existing regulations. 

Accordingly, FMCSA was not required 

under the APA to solicit public 

comment on the criteria. Nevertheless, 

to ensure that the Medical Advisory 

Criteria provide clear, useful, and 

relevant information for stakeholders 

and as encouraged by DOT policy,1

FMCSA opted to make a draft of the 

criteria available for public review and 

comment (87 FR 50282 (Aug. 16, 2022)). 

Although FMCSA voluntarily provided 

an opportunity for public comment on 

the Medical Advisory Criteria, its 

decision to do so does not make 

applicable any of the other procedural 

requirements in the APA or most of the 

other statutes or executive orders that 

would apply if the opportunity for prior 

notice and public comment were 

required. 

Further, the APA does not require 

interpretive rules such as this to be 

published in the Federal Register with 

an effective date that is not less than 30 

days after publication (5 U.S.C. 

553(d)(2)). Therefore, this rule is 

effective on the date of publication in 

the Federal Register to coincide with 

the publication of the revised Medical 

Examiner’s Handbook (MEH). 

III. Background 

In 2000, FMCSA adopted a revised 

medical examination report that also 

contained the Agency’s guidelines to 

help medical examiners assess an 

individual’s physical qualifications. 

These guidelines, in the form of 

advisory criteria, were strictly advisory 

and were established after consultation 

with physicians, States, and industry 

representatives (65 FR 59363, 59364 

(Oct. 5, 2000)). Subsequently, when 

FMCSA revised the report form again, 

the medical advisory criteria were 

removed from the report form and 

published as Appendix A to 49 CFR part 

391 (80 FR 22790 (Apr. 23, 2015)). 

On August 16, 2022, FMCSA made 

available for public comment a revised 

and updated draft MEH, which included 

updates to the Medical Advisory 

Criteria (87 FR 50282). The goal of the 

updated Medical Advisory Criteria was 

to provide guidance for medical 

examiners to consider when making 

physical qualification determinations in 

conjunction with established best 

medical practices. Information that was 

outdated, obsolete, or no longer relevant 

was removed from the Medical 

Advisory Criteria. The Agency stated 

that the revised Medical Advisory 

Criteria would be included in the MEH 

and would also be published in 

Appendix A to 49 CFR part 391. The 

final version of the criteria would be 

identical in both publications. 

FMCSA notes that, as a procedural 

matter, a final rule is required by the 

Office of the Federal Register to change 

any text included in the CFR. This is so 

even if the CFR text changed is guidance 

in an interpretive rule, as is the case 

here. 


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