Federal Register / Vol. 65, No. 194 / Thursday, October 5, 2000 / Rules and Regulations 59363

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety

Administration

49 CFR Part 391

[FMCSA Docket No. 98–3542 (formerly

FHWA Docket No. 98–3542)]

RIN 2126–AA06 (formerly 2125–AC63)

Physical Qualification of Drivers;

Medical Examination; Certificate

AGENCY: Federal Motor Carrier Safety

Administration (FMCSA), DOT.

ACTION: Final rule.

SUMMARY: This document updates and

simplifies the medical examination form

that is currently used to determine the

physical qualification of commercial

motor vehicle (CMV) drivers operating

in interstate commerce. The FMCSA

takes this action in response to

numerous requests from medical

examiners to update and simplify the

medical examination form that is

currently used. This action is intended

to reduce the incidence of errors on

such forms and to provide more uniform

medical examinations of CMV drivers

engaged in interstate commerce. The

current Federal physical qualification

standards tested by medical examiners

and recorded on the form will not be

revised in this rulemaking.

DATES: November 6, 2000.

FOR FURTHER INFORMATION CONTACT: For

information about the rulemaking, Ms.

Sandra Zywokarte, Office of Bus and

Truck Standards and Operations, (202)

366–2987; for information about legal

issues related to this notice, Ms. Judith

Rutledge, Office of the Chief Counsel,

(202) 366–2519, FMCSA, Department of

Transportation, 400 Seventh Street,

SW., Washington, DC 20590. Office

hours are from 7:45 a.m. to 4:15 p.m.,

e.t., Monday through Friday, except

Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

An electronic copy of this document

may be downloaded using a computer,

modem and suitable communications

software from the Government Printing

Office’s Electronic Bulletin Board

Service at (202) 512–1661. Internet users

may reach the Office of the Federal

Register’s home page at: http://

www.nara.gov/fedreg and the

Government Printing Office’s web page

at http://www.access.gpo.gov/nara.

Background

The authority to require medical

certification of CMV driver qualification

was originally granted to the Interstate

Commerce Commission (ICC) in the

Motor Carrier Act of 1935. The authority

was transferred to the DOT in 1966 and

is currently codified at 49 U.S.C.

31502(b). On October 9, 1999, the

Secretary of Transportation transferred

the motor carrier safety functions

performed by the Federal Highway

Administration (FHWA) to the Office of

Motor Carrier Safety, a new office

created in the DOT. This transfer was

performed pursuant to section 338 of

the DOT and Related Agencies

Appropriations Act, 2000, Public Law

106–69, 113 Stat. 986, as amended by

Public Law 106–73, 113 Stat. 1046. The

Motor Carrier Safety Improvement Act

of 1999, Public Law 106–159, 113 Stat.

1748, transferred the functions to the

Federal Motor Carrier Safety

Administration (FMCSA). As a result of

the transfer of functions, the FMCSA

now administers the driver physical

qualification standards and

examinations in 49 CFR Part 391.

The first physical qualification

standard for CMV drivers was published

by the ICC in 1939. It required a driver

to have the following minimum

qualifications:

Good physical and mental health; good

eyesight; adequate hearing; no addiction to

narcotic drugs; and no excessive use of

alcoholic beverages or liquors.

Over the next three decades, other

physical qualification regulations were

promulgated by the ICC, but most were

not clearly defined until 1970, after the

creation of the DOT. On April 22, 1970

(35 FR 6458), the existing physical

qualification requirements were

substantially tightened, based upon

discussions with our agency’s medical

advisors. This rule required a driver to

have a physical examination every 2

years, included guidelines for

evaluation of persons in high-risk

medical categories, and provided that

the examining physician be given full

information about the responsibilities of

and the exacting demands made on

CMV drivers. There have been no major

changes since then.

Current Medical Examination Form

The current form, at 49 CFR 391.43(f),

has remained unchanged since it was

adopted by the DOT in 1970. As a

result, our agency has received

numerous requests to make changes to

the current medical examination form.

Physicians and other medical providers

have indicated that the format, layout

and content of the current form are

outdated, difficult to use, or irrelevant.

Additionally, substantial changes in

medical technology and the technology,

operating practices, and economics of

the motor carrier industry have affected

the lifestyles of and, therefore, the

physical and mental demands placed on

CMV drivers. Having agreed that the

current medical form is outdated and its

continued use problematic, we decided

to initiate rulemaking to revise the form.

Medical Examination Form Revision

Process

We contracted with the Association

for the Advancement of Automotive

Medicine (AAAM) to review and

evaluate the current form and develop a

revised form. The process was defined

and limited by several norms. The

underlying physical qualification

standards tested by medical providers

and recorded on the form would not be

revised in this rulemaking. In addition,

the instructions for performing and

recording physical examinations found

in 49 CFR 391.43 would be revised only

to the extent necessary to ensure that

instructions to medical examiners are

understandable and consistent with the

information provided on the proposed

medical examination form and guidance

materials established by us for medical

examiners.

To ensure that the revised form

reflected the most current medical

concepts and was responsive to the

needs of the groups using the forms, the

AAAM convened a working group to

serve as reviewers of the draft form. The

review panel members included two

occupational health physicians, a motor

carrier, two State motor vehicle

administration officials and our agency

representatives. A second draft of the

form was then submitted to a

correspondence advisory group,

providing a more comprehensive review

process. This larger group of reviewers

was made up of medical providers,

motor carriers, State motor vehicle

agency representatives, Canadian motor

transport officials, our agency field staff,

and other interested groups.

Revised Medical Examination Form

The revised form, modeled after

physical examination forms in use

today, has been organized to (1) gain

simplicity and efficiency, (2) reflect

current medical terminology and

examination components and (3) be a

self-contained document (i.e., the form

will, to the extent possible, include all

relevant information necessary to

conduct the physical examination and

certification).

Consistent with accepted practices

regarding the order of the examination,

the first section of the examination form

is completed by the driver. This section

requests information on the driver’s

59364 Federal Register / Vol. 65, No. 194 / Thursday, October 5, 2000 / Rules and Regulations

health history, seeking ‘‘yes’’ or ‘‘no’’

answers to a variety of medical

condition questions. Any ‘‘yes’’

response requires further clarification

by the driver. Once this section is

completed, the driver is required to sign

the form, affirming that all the

information contained in this section is

accurate and complete. An additional

statement indicates that inaccurate,

false, or missing information may

invalidate both the examination and any

Medical Examiner’s Certificate issued

based on it.

The second section of the

examination form covers the physical

examination and tests that are

performed by the medical examiner.

The medical examiner is provided

information on both the relevant Federal

physical qualification standards and the

tests required to measure compliance

with those standards. The Federal

standards and guidelines for evaluation

of a driver’s vision, hearing, and blood

pressure are included in this section of

the form, thereby reducing the potential

for errors by the medical examiner.

Unlike the current physical

examination form, the revised form

clearly indicates when numerical

readings must be recorded. Space is also

provided on the form for recording any

optional tests which the medical

examiner considers necessary to

evaluate a driver’s physical

qualification.

A full page of the revised form is

devoted to instruction and recordation

of the medical examiner’s findings. The

medical certificate is also provided, and

must be completed by the medical

examiner if he or she finds that the

driver meets all the Federal physical

qualification requirements.

The third section of the revised form

not only sets forth the Federal physical

qualification standards found at 49 CFR

391.41, but also contains more detailed

information for the medical examiner

regarding the driver’s role and the types

of duties he or she may face as a result

of his or her employment. This section

also contains the agency’s guidelines to

help medical examiners assess a driver’s

physical qualification. These guidelines

are strictly advisory and were

established after consultation with

physicians, States, and industry

representatives.

In addition to the revisions to 49 CFR

391.43 in the final rule, we are making

technical corrections to paragraphs (d)

and (g) of that section, to paragraphs

(b)(1) and (b)(2)(ii) under § 391.41 and

paragraph (d)(2) under § 391.49.

The FMCSA’s primary concern is to

enhance highway safety, rather than to

unnecessarily limit employment

opportunities for individuals with

physical impairments. The intent of the

final rule is to facilitate medical

providers’ efforts to establish and

document the physical qualification of a

driver to operate a CMV by promoting

reliable and understandable

determinations of medical qualification.

Comments

On August 5, 1998, we published an

NPRM rulemaking (63 FR 41769)

seeking comments on our proposed

medical examination form. We invited

individuals, medical providers, motor

carriers, and other interested parties to

provide comments on how to improve

our proposed examination form and

instructions for performing and

recording physical examinations. Fortysix public comments addressing the

notice were received and have been

considered in our final decision to

amend Federal regulations governing

the examination to determine the

physical qualification of CMV drivers

engaged in interstate commerce.

We received comments from 23

physicians, 8 employers of truck

drivers, 4 State motor vehicle

administrations, 1 State enforcement

agency, 1 Canadian motor vehicle

agency, 3 trucking associations, 1 motor

coach association, 1 trade association, 1

nursing association, 1 medical

association and 2 advocacy groups. The

majority of the comments supported the

proposed medical examination form

with suggestions for additions and

deletions to the form. One comment

completely opposed the proposal. Some

comments offered suggestions for

additions or deletions without

indicating support for the form. Others

suggested changes to the Federal

physical qualification standards tested

by medical examiners and recorded on

the form.

Although most comments were

generally supportive, a number of

comments strongly opposed providing

space on the proposed form for

recording the results of such optional

tests as an electrocardiogram (ECG) and

exercise stress test (EST). Still others

expressed concerns that the form has

too many pages. These comments and

others will be discussed in detail below

by section, and in accordance with the

order of the examination.

Discussion of Comments

Driver’s Information

Comments directed to this section of

the examination form suggested format

changes for recording and denoting

certain information on the form. The

FMCSA has considered these comments

and modified the form as follows: The

format for recording the date of birth on

the form will show month, day and year

and the area code will be denoted by

parentheses. The agency has also added

another category, other, to the area on

the form denoting the class of license

held by the driver. This change is

provided to accommodate non-CDL

licensed drivers.

Health History

This section of the form received a

number of comments suggesting

additions or deletions of information

and changes to the format. The Alabama

Power Company, J.B. Hunt Transport,

Inc., the Maryland Motor Vehicle

Administration, the Wisconsin

Department of Transportation and the

Ministry of Transportation and

Highways in British Columbia

expressed support for the inclusion of a

driver certification statement affirming

that the information provided by the

driver is accurate and complete. The

American Association of Occupational

Health Nurses (AAOHN) and the

Maryland Motor Vehicle Administration

indicated that the agency’s statement

that encourages the medical examiner to

discuss health history information with

the driver is not strong enough and the

discussion should be required. Dr.

Ellison Wittels commented that ‘‘the

medical examiner needs to comment on

any ‘‘yes’’ answer and address the

severity of the problem.’’ Comments

from Dr. Wittles and the AAOHN

indicated that more space should be

allotted for the medical examiner’s

review of the health history. Dr. John A.

Hansen agreed that there is inadequate

space on the proposed form for the

medical examiner’s ‘‘impression and

opinion,’’ and indicated that too much

space is allocated to driver’s comments

and the listing of their medications. In

fact, Dr. Hansen suggests that, in

general, the format of the proposed form

is ‘‘excessive.’’

The American College of

Occupational and Environmental

Medicine (ACOEM) believes that the

‘‘expanded medical history section

assists the [medical] examiner in

making a thorough evaluation,’’ but

questions whether any of the conditions

listed in the health history are likely to

interfere with the driver’s ability to

safely operate a CMV. The ACOEM also

expressed concerns over the potential

for breaching confidential medical

information.

The Owner Operator Independent

Drivers Association, Inc., (OOIDA) an

international trade association

representing the interests of

independent owner-operators and

Federal Register / Vol. 65, No. 194 / Thursday, October 5, 2000 / Rules and Regulations 59365

professional truck drivers, supports the

overall goals of the proposal. However,

the OOIDA raised concerns regarding

the amount and relevancy of

information solicited under the health

history section and the confidentiality

of medical information of drivers. The

OOIDA believes that vague terminology

and a lack of understanding of medical

terms and conditions on the part of

drivers will unjustly result in a driver

being determined medically

unqualified. Therefore, the OOIDA

suggests that the medical examiner

complete the health history section. The

OOIDA also expressed concern that

information in this section which it

views as ‘‘unnecessary and irrelevant’’

would be used by employers for

purposes other than the intended

medical certification. Finally, the

OOIDA opposes the requirement for a

driver certification statement suggesting

that such a requirement will not prevent

drivers from falsifying or omitting

information if a ‘‘yes’’ response would

result in the driver being found

medically unqualified.

The AHAS commented that the

‘‘FHWA could significantly improve

highway safety by promoting increased

definitive diagnoses and treatment of

apnea’’ and noted that ‘‘many

preliminary diagnoses of apnea are

made on the basis of selfreport.’’ The

FMCSA believes the information on

sleep disorders in this section will help

elicit information from the driver

regarding any history of sleep disorders

and thereby, facilitate the identification

and treatment of such disorders.

The FMCSA has considered the

comments to this section and modified

the form as follows: The two questions

regarding hospitalization and serious

illness in the last 5 years have been

combined into one question that reads:

‘‘any illness or injury in the last 5

years.’’ A box has been added to

indicate when medications are taken for

nervous or psychiatric disorders. The

section on sleep disorders was modified

to include ‘‘pauses in breathing while

asleep’’ and to substitute ‘‘loud snoring’’

for severe snoring. The term ‘‘severe’’

has been dropped from the health

history because it is too subjective.

Under the section on diabetes, the term

‘‘pills’’ was substituted for

‘‘medication.’’ The condition ‘‘pleurisy’’

has been deleted from the form because

it is non-specific and nondiscriminating.

The format for this section has been

modified to increase the space allotted

for the medical examiner’s comments.

As a result, the space allocated for the

driver’s comments has been reduced.

The statement encouraging the medical

examiner to discuss the health history

with the driver has been modified and

expanded to address the use of

prescription and over-the-counter

medications. The statement now reads:

the medical examiner must review and

discuss with the driver any ‘‘yes’’

answers and potential hazards of

medications, including over-the-counter

medications, while driving.

The FMCSA’s modification of the

information in the health history is

limited because this information has

previously been subject to several levels

of review and subsequent changes by

the medical community and other

interested groups.

Although the health history section

has been expanded, the FMCSA believes

that this information is necessary and

relevant. Having this information will

assist the medical examiner in

conducting a thorough evaluation and

facilitate the determination as to the

likelihood that an individual has a

condition that would interfere with the

safe operation of a CMV.

The FMCSA agrees with the

comments that the confidentiality of

medical information is an important

issue and takes the position that

medical information is best maintained

by the medical examiner. In fact, the

Medical Examiner’s Certificate at 49

CFR 391.43(h) carries a statement

indicating that the completed medical

examination is on file in the office of the

medical examiner. Although the

FMCSRs do not require that the

completed medical examination form be

provided to the employer, the FMCSA

does not prohibit employers from

obtaining copies of the form. The

FMCSA does not believe this is a

problem since employers must comply

with applicable State and Federal laws

regarding the privacy and maintenance

of employee medical information.

The agency maintains that the driver

certification statement requirement

would discourage an individual from

omitting or falsifying information as

someone is likely to pause and consider

his/her action before signing such a

statement. This is especially so since the

deliberate omission or falsification of

information may invalidate the

examination and any Medical

Examiner’s Certificate issued based on

it.

The agency did not adopt the

suggestion of one comment to allow

medical examiners to complete the

health history since this is not the usual

process for completion of a health

history. However, to ensure

involvement by the medical examiner,

the FMCSA has made the review and

discussion of any ‘‘yes’’ responses with

the driver mandatory.

Testing: Vision and Hearing

The majority of comments to this

section were suggestions for amending

the actual vision and hearing standards

which is beyond the scope of this

rulemaking. The FMCSA will consider

these comments in its ongoing review of

physical qualification requirements and

in any future rulemakings to amend the

standards under § 391.41. The agency is

considering, under a separate notice, a

rule change regarding field of vision, an

area of concern raised in several of the

comments. This proposed change is

based on a recent review and the

recommendations from an expert panel

of ophthalmologists. (See Frank C.

Berson, M.D., Mark C. Kuperwaser,

M.D., Lloyd Paul Aiello, M.D., and

James W. Rosenberg, M.D., ‘‘Visual

Requirements and Commercial Drivers,’’

October 16, 1998, filed in the docket.)

The FMCSA has considered the

comments to these sections and

modified the form as follows: A single

box designating ‘‘corrective lens’’ has

been added to the form. The four boxes

designating ‘‘glasses’’, ‘‘contact lenses’’,

‘‘right lens’’ and ‘‘left lens’’ on the

proposed form have been deleted.

Several comments indicated confusion

over which box to check if an individual

wore both glasses and contact lenses.

The word ‘‘individual’’ has been

substituted for the word ‘‘patient’’ under

the section for recording numerical

readings for hearing testing.

Testing: Blood Pressure/Pulse Rate

There were relatively few comments

on this section and the majority of them

focused on the need for additional space

on the form. Several comments

suggested the need for additional space

on the form to record both the pulse rate

and the quality of the pulse. Other

comments suggested space for recording

the second reading of the blood pressure

since the instructions indicate that the

medical examiner should take at least

two readings to confirm an individual’s

blood pressure. Finally, two comments

suggested changes to the recommended

thresholds for acceptable blood

pressures.

The FMCSA has considered the

comments to this section and modified

the form as follows: The space allocated

for the pulse rate has been enlarged to

accommodate the recording of both the

pulse rate and the quality of the pulse.

The recommendation for space for

recording a second blood pressure

reading was not adopted because the

medical examiner is not limited to just

two readings and the possibility exists

59366 Federal Register / Vol. 65, No. 194 / Thursday, October 5, 2000 / Rules and Regulations

that several readings may be necessary

to establish a fixed blood pressure. Only

the fixed blood pressure should be

recorded on the form. Any change to the

threshold value for an acceptable blood

pressure is outside the scope of this

rulemaking. The FMCSA is considering

a review and update of its

recommendations regarding blood

pressure.

Testing: Laboratory and Other Test

Findings

This was clearly one of the most

commented on sections in the proposal.

The majority of the comments were

opposed to including space on the form

for recording the optional tests, ECG and

EST. Those opposing or having serious

concerns over this issue include: the

ATA, the OOIDA, the National

Automobile Dealers Association, the

Georgia Motor Trucking Association,

DSI Transport, Inc., Houston Industries,

Inc., the Illinois State Police, Dr. Russell

J. Green, Medical Director for Hillcrest

Health Works, and Dr. Ellison H.

Wittels. The OOIDA, Houston

Industries, Inc., and Dr. Wittels also

recommended that the Echocardiogram

and chest x-ray be deleted from the

form. Their opposition was based on the

following concerns: (1) The efficacy of

these tests to detect coronary artery

disease (CAD) and predict future

coronary events in asymptomatic

individuals is unsupported, (2) optional

tests would increase the costs for all

parties, and (3) the appearance of the

optional tests on the form will be

misinterpreted as mandatory

requirements.

The FMCSA believes that the

concerns of the ATA, the OOIDA and

others regarding the recommendations

for and recordation of the optional tests,

ECG and EST, on the examination form

have merit. According to the

information (See part A.l. on ‘‘Screening

for Asymptomatic Coronary Artery

Disease,’’ by the U.S. Preventive

Services Task Force’s ‘‘Guide to Clinical

Preventive Services,’’ 2nd ed.,

Baltimore: Williams & Wilkins,

December 1995, in the docket as

appendix 1 to the ATA’s comment)

submitted by Dr. Donald Whorton (on

behalf of the ATA) and Dr. Richard

Moore, it seems that the benefits of

screening to identify asymptomatic CAD

are unproven. The evidence

summarized in the Guide indicated that

the use of a resting ECG for screening for

asymptomatic CAD showed limited

sensitivity and specificity. Relative to

the first quality, it was reported that 29

percent of patients with clinically

proven CAD had a normal resting ECG

(a sensitivity of 71 percent). The

evidence presented also indicated that

one-third to one-half of patients with

normal coronary arteries had positive

findings (poor specificity in the 50 to 67

percent range). Moreover, the Guide

gave evidence that the predictive value

of the resting ECG was low. Prospective

studies found that symptomatic CAD

develops in 3 to 15 percent of persons

with abnormal ECG findings and that

most coronary events occur in persons

without resting ECG abnormalities.

Based on these findings, routine ECG

testing is not an efficient approach for

detecting CAD or predicting future

events.

While exercise ECG is more accurate

than resting ECG in detecting CAD and

predicting future coronary events, the

Guide reported that its sensitivity and

predictive values do not promote

comprehensive endorsement as a

screening test. For example, most

patients with asymptomatic CAD do not

have positive exercise results (poor

sensitivity). Relative to prediction,

although asymptomatic persons with a

positive result on an exercise ECG are

more likely to experience an event than

those with a negative result, long-term

studies have shown that only one to

eleven percent will suffer an acute

myocardial infarction or sudden death.

The majority of events will occur with

a negative test result. Thus, the less than

desirable qualities of exercise ECG do

not allow it to enjoy a broad

endorsement as a screening tool and, in

addition, it is more expensive than the

resting ECG.

Notwithstanding this lack of evidence

to support screening for asymptomatic

CAD, the FMCSA believes that

screening individuals in certain

occupations, such as truck and bus

drivers, may be justified because of

possible benefits to public safety.

However, since the FMCSA is not aware

of any studies which have addressed the

efficacy of screening these individuals

to detect asymptomatic CAD, it

proposes to establish a panel of medical

experts to review and make

recommendations for amending the

agency’s standards and guidelines for

qualifying commercial drivers with

cardiac conditions, and for screening

drivers for cardiac risk factors.

The FMCSA has considered the

comments to this section and modified

the form as follows: Space will be

provided for describing and recording

any optional tests which the medical

examiner considers necessary to assess

a driver’s physical qualification.

However, references to specific tests

(ECG, EST, echocardiogram, and chest

x-ray) in this section have been

removed. This will eliminate the

potential for such optional tests to be

misinterpreted as mandatory

requirements and allow more space for

the medical examiner to describe,

record and comment on any optional

test conducted as part of the

examination.

Although the FMCSA has not adopted

the recommendations of the Parents

Against Tired Truckers (P.A.T.T.) to

require the eight question Epworth

Sleep Disorder Test as part of the

physical examination, the agency

recognizes and shares P.A.T.T.’s

concerns that excessive day-time

sleepiness as a result of untreated sleep

apnea can affect a driver’s ability to

perform safely. The FMCSA has ongoing

research to evaluate the prevalence and

performance of a population of CMV

drivers with sleep apnea. An extension

of this research involves the

development and evaluation of a

screening tool for identifying drivers

with sleep apnea. Moreover, the

FMCSA’s 1991 report, ‘‘Pulmonary/

Respiratory Conditions and Commercial

Drivers,’’ provides specific

recommendations for qualifying CMV

drivers with sleep apnea. This report

may be obtained from the National

Technical Information Service, by

calling 1–800–553–6847 and identifying

the report by title and ‘‘PB’’ number

(PB91–236455), or by going to: http://

www.fmcsa.dot.gov/rulesregs/

medreports.htm.

Physical Examination

This section of the form received a

number of comments suggesting

additions or deletions of information

and changes to the format. There was

unanimous agreement among those

commenting that the recording of height

and weight in centimeters and

kilograms may be problematic and a

source of errors and, therefore, should

be recorded in inches and pounds.

Other comments indicated that the

‘‘yes’’ and ‘‘no’’ columns which answer

the question, ‘‘Is driver’s ability to safely

operate a commercial motor vehicle

affected?’’ may be confusing as the usual

procedure is to check ‘‘yes’’ if there are

underlying abnormalities and then

comment on whether they present a

safety risk. A number of comments

indicated that routine rectal and pelvic

examinations are not appropriate or

relevant to driver safety and should be

eliminated. The AAOHN indicated that

more space should be allotted for the

medical examiners comments to ‘‘yes’’

answers under this section and

recommended expanding the section on

certification status to include the status

of individuals who meet the standard

and qualify for a 2-year medical

Federal Register / Vol. 65, No. 194 / Thursday, October 5, 2000 / Rules and Regulations 59367

certificate. The proposed form indicated

that this section should be completed

only if the driver does not qualify for a

2-year certificate.

The FMCSA has considered the

comments to this section and modified

the form as follows: The directions for

completing this section appear in one

location on the form and now read:

Check ‘‘yes’’ if there are any

abnormalities. Check ‘‘no’’ if the body

system is normal. Discuss any ‘‘yes’’

answers in detail in the space below,

and indicate whether it would affect the

driver’s ability to operate a commercial

motor vehicle safely. Enter applicable

item number before each comment. If

organic disease is present, note that it

has been compensated for. Height and

weight will be recorded on the form in

inches and pounds as the medical

community has indicated that it is more

comfortable with these units of

measurement. References to both the

pelvic or rectal examination have been

dropped from the form, and as a result,

the reference to hemorrhoids was

dropped too. The term ‘‘abnormal’’ has

been dropped because it is too

subjective and the term ‘‘weakness’’ has

been substituted for semi-paralysis.

Several comments were not adopted as

they addressed areas extensively

discussed by medical providers and

other interested parties during the

development of this rule.

The instructions for completing the

section on the certification status has

been modified and reads: Note

Certification Status Here. Additional

boxes have been added to indicate (1)

when a driver meets the standards in 49

CFR 391.41 and qualifies for a 2-year

medical certificate, and (2) when the

certification is conditionally met under

the FMCSRs (e.g., when wearing

corrective lenses, a hearing aid or when

accompanied by a waiver/exemption/

skill performance evaluation (SPE)

certificate). The handicapped driver

waiver form has been replaced by a skill

performance evaluation certificate. See

65 FR 25285 (May 1, 2000) for more

detailed information.

Medical Examiner’s Certificate

The replica of the Medical Examiner’s

Certificate that appeared on the

proposed form under item number 7

‘‘Physical Examination’’ has been

removed to allow more space on the

form. This will accommodate the

information added to the section on

Certification Status and provide

significantly more space for the medical

examiner’s comments under this

section.

The box on the Medical Examiner’s

Certificate titled, ‘‘Name (Print)’’ has

been changed and reads: Medical

Examiner’s Name (Print). This was done

to clarify whose name is to be entered

in the box. Another box on the

Certificate which indicates that a driver

is qualified only when accompanied by

a waiver has been modified and reads:

accompanied by a llllllll

waiver/exemption. The term

‘‘exemption’’ has been added to be

consistent with the terminology in 49

U.S.C. 31315 and 31136(e) regarding the

granting of waivers and exemptions. A

box has been added to indicate that a

driver is qualified only when carrying

an SPE certificate.

Instructions to the Medical Examiner

The majority of the comments

directed to this section of the form were

favorable and support the concept of a

self-contained form which ensures the

medical examiner access to the

applicable medical standards,

guidelines and other useful information

including the role and duties of both the

medical examiner and driver. For

example, not all medical examiners, as

suggested in one comment, are aware of

existing guidance which allows medical

examiners to issue medical certificates

for periods less than 2 years in cases

where drivers are qualified, but may

have conditions which require more

frequent monitoring.

A number of comments opposed the

inclusion in this section of the

recommendations to conduct optional

ECG and EST tests. They cited the lack

of evidence to support such screening,

costs versus benefits, and the potential

for the optional tests to be

misinterpreted as mandatory.

The FMCSA has considered the

comments to this section of the form

and made the following modifications.

The recommendations for evaluating

cardiac risk factors and conducting the

optional baseline ECG and EST tests

have been removed from the

Instructions to the Medical Examiner

(Advisory Criteria) on the form and from

the Instructions for Performing and

Recording Physical Examinations,

Heart, at 49 CFR 391.43 (f). However,

these recommendations have been and

are currently available to assist medical

examiners in making physical

qualification determinations, and are

found in the FMCSA’s conference

report, ‘‘Cardiac Conditions and

Commercial Drivers.’’ This report may

be obtained from the National Technical

Information Service, by calling 1–800–

553–6847, and identifying the report by

title and ‘‘PB’’ number (PB88–233960),

or by going to: http://

www.fmcsa.dot.gov/rulesregs/

medreports.htm. Moreover, as

previously indicated, the FMCSA plans

to establish a medical panel to review

its cardiac standards and guidelines for

qualifying commercial drivers. As part

of the review, the panel will be asked to

address the issue of screening CMV

drivers for CAD. Other modifications to

this section were either editorial in

nature or changes to update information

to be consistent with current FMCSA

guidelines.

Several comments recommended

designating or certifying medical

examiners to ensure more uniform

evaluations for fitness to operate CMVs.

This issue is being addressed under a

separate rulemaking which proposes to

link the driver physical qualification

determinations with the CDL process.

Format of the Examination Form

In general, comments on the format

were favorable. J.B. Hunt Transport, Inc.

stated, ‘‘placing applicable FHWA

guidance directly on the proposed form

* * * is an effective way to insure the

medical examiner is aware of the

specific regulation.’’ The ATA stated,

‘‘FHWA’s revised medical examination

form, coupled with the above discussed

ATA recommendations, will help serve

as an adequate means to provide

consistency and completeness.’’ The

ATA recommended that the FHWA

permit motor carriers the flexibility to

reformat the form to fewer pages,

provided that the content of the form

remains the same, and allow the form to

be maintained electronically. The AHAS

commented, ‘‘Advocates believes that,

taken as a whole, both the form itself

and the supplementary guidance that

the agency wants to provide in order to

guide health care providers will be

substantial improvements over the

present form. We agree with FHWA that

the use of this form with its added

guidance to practitioners could have a

positive economic impact by resulting

in more careful screening of commercial

drivers to detect health conditions that

could prove to be a safety risk both for

drivers and for the occupants of other

vehicles sharing the road with large

trucks and buses.’’

Other comments indicated that the

form has too many pages and

questioned whether medical examiners

would read them. The ACOEM

commented, ‘‘It is unlikely that

expanding explanations from one side

of a page to four sides will drastically

increase the quality.’’ The Federal

Express Corporation believes ‘‘the

proposed three page form unnecessarily

adds to the paperwork burden of

medical examiners and motor carriers.’’

Schneider National did not comment

specifically on the proposed form, but

59368 Federal Register / Vol. 65, No. 194 / Thursday, October 5, 2000 / Rules and Regulations

included a copy of its physical exam

form which Schneider considers both

‘‘comprehensive’’ and ‘‘helpful’’ in

determining driver fitness. The

Schneider form includes a 3-page

physical exam form, 1-page driver’s job

description and 2 pages of instructional/

informational materials, for a total of 6

pages.

The FMCSA believes the format of its

examination form achieves the agency’s

overall objectives of accuracy and

efficiency, and to be a self-contained

document. Although the FMCSA has

concluded that the new form would not

increase cost and time burdens, it has

adopted the ATA’s recommendation to

allow motor carriers and others to

reformat the form, including an

electronic version, so long as it remains

a self-contained form and incorporates

all of the information in 49 CFR

391.43(f), as amended in this

rulemaking.

In addition to the revisions to 49 CFR

391.43 in this final rule, the FMCSA has

made technical corrections to

paragraphs (c)(1), (d) and (g) of that

section. We are also making technical

corrections to 49 CFR 391.41,

paragraphs (b)(1) and (b)(2)(ii) and

finally, to 49 CFR 391.49, paragraph

(d)(2).

The FMCSA’s primary concern is to

enhance highway safety, not to

unnecessarily limit employment

opportunities for individuals with

physical impairments. Consistent with

its safety mandate and regulations, the

FMCSA is interested in promoting

individual determinations of medical

qualification to operate a CMV. The

revised medical examination form is

intended to facilitate medical

examiners’ efforts to establish and

document the physical qualifications of

a driver to operate a CMV by promoting

reliable and understandable

determinations of physical qualification.

Executive Order 12866 (Regulatory

Planning and Review) and DOT

Regulatory Policies and Procedures

The FMCSA has determined that this

action is not a significant regulatory

action under Executive Order 12866 or

significant under the regulatory policies

and procedures of the DOT. It is

anticipated that the economic impact of

this final rule will be minimal because

the use of existing printed supplies of

the forms addressed in this action will

be allowed until the forms are depleted,

or until 12 months after the effective

date of this rulemaking, whichever

occurs first. Allowing the use of existing

forms will avert substantial monetary

loss by motor carriers, medical

providers, and vendors of forms that

might otherwise result from this

rulemaking. Moreover, users of the

examination form have the flexibility to

reformat the form to fewer pages,

including an electronic version so long

as it remains a self-contained form and

incorporates all of the information in 49

CFR 391.43(f), as amended in this

rulemaking. According such flexibility

will have the potential to reduce costs.

This action will facilitate regulatory

uniformity and result in easier

compliance with and enforcement of the

driver qualification requirements of the

FMCSRs. This form will, to the extent

possible, include all relevant

information necessary to establish and

record the physical qualification of a

driver to operate a CMV. As a result, the

FMCSA believes that this rulemaking

will have a positive economic impact.

Therefore, a full regulatory evaluation is

not required.

Regulatory Flexibility Act

In compliance with the Regulatory

Flexibility Act, 5 U.S.C. 601–612, the

FMCSA has evaluated the effects of this

final rule on small entities. The FMCSA

believes that this action will not have a

significant economic impact on a

substantial number of small entities or

the nation’s economy because it would

allow individual small carriers, medical

examiners and vendors of the form to

use the forms they now have on hand

until those supplies have been depleted,

or until 12 months after the effective

date of this rulemaking. Additionally,

users of the forms will have the

flexibility to reformat the forms to less

pages, including an electronic version,

so long as it remains a self-contained

form and incorporates all of the

information in 49 CFR 391.43(f), as

amended in this rulemaking. To the

extent that this final rule will facilitate

compliance with driver qualification

requirements, the projected positive

economic impact is not expected to be

sufficiently significant to warrant a full

regulatory evaluation. Accordingly, the

FMCSA certifies that this action will not

have a significant economic impact on

a substantial number of small entities.

Unfunded Mandates Reform Act of

1995

The FMCSA has determined that this

rulemaking will not result in the

expenditure by State, local and tribal

governments, or by the private sector, in

the aggregate of $100 million or more in

any one year, as required by the

Unfunded Mandates Reform Act of 1995

(2 U.S.C. 15e32).

Executive Order 13132 (Federalism)

This action has been analyzed in

accordance with the principles and

criteria contained in Executive Order

13132 dated August 4, 1999, and it has

been determined this action does not

have a substantial direct effect or

sufficient federalism implications on

States that would limit the

policymaking discretion of the States.

Nothing in this document directly

prempts any State law or regulation.

Executive Order 12372

(Intergovernmental Review)

Catalog of Federal Domestic

Assistance Program Number 20.217,

Motor Carrier Safety. The regulations

implementing Executive Order 12372

regarding intergovernmental

consultation on Federal programs and

activities do not apply to this program.

National Environmental Policy Act

The agency has analyzed this action

for the purposes of the National

Environmental Policy Act of 1969, as

amended (42 U.S.C. 4321 et seq.), and

has determined that this action will not

have any effect on the quality of the

environment.

Paperwork Reduction Act of 1995

Under the Paperwork Reduction Act

of 1995 (PRA) (44 U.S.C. 3501, et seq.),

Federal agencies must obtain approval

from the Office of Management and

Budget (OMB) for each collection of

information they conduct, sponsor, or

require through regulations. The

FMCSA has determined that this final

rule will affect collection of information

requirements for the purposes of the

PRA because it revises a form associated

with a currently-approved information

collection covered by OMB Approval

No. 2126–0006, entitled Medical

Qualification Requirements. Interested

parties were invited to provide

comments regarding the form revision

in an NPRM which was issued on

August 5, 1998. Comments which were

received are discussed above in

Discussion of Comments. Because the

current information collection is due to

expire on September 30, 2000, it has

been submitted to OMB for a three-year

renewal. The renewal request, which

includes a revised estimate of 20

minutes to complete and document the

medical examination, is more accurate.

The FMCSA is not making any

additional revisions to the information

collection as a result of this final rule.

Regulation Identification Number

A regulation identification number

(RIN) is assigned to each regulatory

action listed in the Unified Agenda of
Federal Register / Vol. 65, No. 194 / Thursday, October 5, 2000 / Rules and Regulations 59369

Federal Regulations. The Regulatory

Information Service Center publishes

the Unified Agenda in April and

October of each year. The RIN contained

in the heading of this document can be

used to cross reference this action with

the Unified Agenda.

List of Subjects in 49 CFR Part 391

Driver qualifications-physical

examinations, Highway safety, Motor

carriers, Reporting and recordkeeping

requirements, Safety, Transportation.

Issued on: September 19, 2000.

Clyde J. Hart, Jr.,

Acting Deputy Administrator, Federal Motor

Carrier Safety Administration.

In consideration of the foregoing, the

FMCSA amends title 49, CFR, chapter

III, part 391 as set forth below:

PART 391—QUALIFICATIONS OF

DRIVERS [AMENDED]

1. The authority citation for part 391

continues to read as follows:

Authority: 49 U.S.C. 322, 504, 31133,

31136, and 31502; and 49 CFR 1.73.

2. Section 391.41 is amended by

revising paragraphs (b)(1) and (b)(2)(ii)

to read as follows:

§ 391.41 Physical qualifications for

drivers.

* * * * *

(b) * * *

(1) Has no loss of a foot, a leg, a hand,

or an arm, or has been granted a skill

performance evaluation certificate

pursuant to § 391.49;

(2) * * *

(ii) An arm, foot, or leg which

interferes with the ability to perform

normal tasks associated with operating

a commercial motor vehicle; or any

other significant limb defect or

limitation which interferes with the

ability to perform normal tasks

associated with operating a commercial

motor vehicle; or has been granted a

skill performance evaluation certificate

pursuant to § 391.49.

* * * * *

3. Section 391.43 is amended by

revising paragraphs (c)(1), (d), (f), (g)

and (h) to read as follows:

§ 391.43 Medical examination; certificate

of physical qualification.

* * * * *

(c) * * *

(1) Be knowledgeable of the specific

physical and mental demands

associated with operating a commercial

motor vehicle and the requirements of

this subpart, including the medical

advisory criteria prepared by the FHWA

as guidelines to aid the medical

examiner in making the qualification

determination; and

* * * * *

(d) Any driver authorized to operate

a commercial motor vehicle within an

exempt intracity zone pursuant to

§ 391.62 of this part shall furnish the

examining medical examiner with a

copy of the medical findings that led to

the issuance of the first certificate of

medical examination which allowed the

driver to operate a commercial motor

vehicle wholly within an exempt

intracity zone.

* * * * *

(f) The medical examination shall be

performed, and its results shall be

recorded, substantially in accordance

with the following instructions and

examination form. Existing forms may

be used until current printed supplies

are depleted or until November 6, 2001,

whichever occurs first.

Instructions for Performing and Recording

Physical Examinations

The medical examiner must be familiar

with 49 CFR 391.41, Physical qualifications

for drivers, and should review these

instructions before performing the physical

examination. Answer each question ‘‘yes’’ or

‘‘no’’ and record numerical readings where

indicated on the physical examination form.

The medical examiner must be aware of

the rigorous physical, mental, and emotional

demands placed on the driver of a

commercial motor vehicle. In the interest of

public safety, the medical examiner is

required to certify that the driver does not

have any physical, mental, or organic

condition that might affect the driver’s ability

to operate a commercial motor vehicle safely.

General information. The purpose of this

history and physical examination is to detect

the presence of physical, mental, or organic

conditions of such a character and extent as

to affect the driver’s ability to operate a

commercial motor vehicle safely. The

examination should be conducted carefully

and should at least include all of the

information requested in the following form.

History of certain conditions may be cause

for rejection. Indicate the need for further

testing and/or require evaluation by a

specialist. Conditions may be recorded which

do not, because of their character or degree,

indicate that certification of physical fitness

should be denied. However, these conditions

should be discussed with the driver and he/

she should be advised to take the necessary

steps to insure correction, particularly of

those conditions which, if neglected, might

affect the driver’s ability to drive safely.

General appearance and development.

Note marked overweight. Note any postural

defect, perceptible limp, tremor, or other

conditions that might be caused by

alcoholism, thyroid intoxication or other

illnesses.

Head-eyes. When other than the Snellen

chart is used, the results of such test must be

expressed in values comparable to the

standard Snellen test. If the driver wears

corrective lenses for driving, these should be

worn while driver’s visual acuity is being

tested. If contact lenses are worn, there

should be sufficient evidence of good

tolerance of and adaptation to their use.

Indicate the driver’s need to wear corrective

lenses to meet the vision standard on the

Medical Examiner’s Certificate by checking

the box, ‘‘Qualified only when wearing

corrective lenses.’’ In recording distance

vision use 20 feet as normal. Report all vision

as a fraction with 20 as the numerator and

the smallest type read at 20 feet as the

denominator. Monocular drivers are not

qualified to operate commercial motor

vehicles in interstate commerce.

Ears. Note evidence of any ear disease,

symptoms of aural vertigo, or Meniere’s

Syndrome. When recording hearing, record

distance from patient at which a forced

whispered voice can first be heard. For the

whispered voice test, the individual should

be stationed at least 5 feet from the examiner

with the ear being tested turned toward the

examiner. The other ear is covered. Using the

breath which remains after a normal

expiration, the examiner whispers words or

random numbers such as 66, 18, 23, etc. The

examiner should not use only sibilants (ssounding test materials). The opposite ear

should be tested in the same manner. If the

individual fails the whispered voice test, the

audiometric test should be administered. For

the audiometric test, record decibel loss at

500 Hz, 1,000 Hz, and 2,000 Hz. Average the

decibel loss at 500 Hz, 1,000 Hz and 2,000

Hz and record as described on the form. If

the individual fails the audiometric test and

the whispered voice test has not been

administered, the whispered voice test

should be performed to determine if the

standard applicable to that test can be met.

Throat. Note any irremediable deformities

likely to interfere with breathing or

swallowing.

Heart. Note murmurs and arrhythmias, and

any history of an enlarged heart, congestive

heart failure, or cardiovascular disease that is

accompanied by syncope, dyspnea, or

collapse. Indicate onset date, diagnosis,

medication, and any current limitation. An

electrocardiogram is required when findings

so indicate.

Blood pressure (BP). If a driver has

hypertension and/or is being medicated for

hypertension, he or she should be recertified

more frequently. An individual diagnosed

with mild hypertension (initial BP is greater

than 160/90 but below 181/105) should be

certified for one 3-month period and should

be recertified on an annual basis thereafter if

his or her BP is reduced. An individual

diagnosed with moderate to severe

hypertension (initial BP is greater than 180/

104) should not be certified until the BP has

been reduced to the mild range (below 181/

105). At that time, a 3-month certification can

be issued. Once the driver has reduced his

or her BP to below 161/91, he or she should

be recertified every 6 months thereafter.

Lungs. Note abnormal chest wall

expansion, respiratory rate, breath sounds

including wheezes or alveolar rales, impaired

respiratory function, dyspnea, or cyanosis.

Abnormal finds on physical exam may

require further testing such as pulmonary

tests and/or x-ray of chest.

59370 Federal Register / Vol. 65, No. 194 / Thursday, October 5, 2000 / Rules and Regulations

Abdomen and Viscera. Note enlarged liver,

enlarged spleen, abnormal masses, bruits,

hernia, and significant abdominal wall

muscle weakness and tenderness. If the

diagnosis suggests that the condition might

interfere with the control and safe operation

of a commercial motor vehicle, further testing

and evaluation is required.

Genital-urinary and rectal examination. A

urinalysis is required. Protein, blood or sugar

in the urine may be an indication for further

testing to rule out any underlying medical

problems. Note hernias. A condition causing

discomfort should be evaluated to determine

the extent to which the condition might

interfere with the control and safe operation

of a commercial motor vehicle.

Neurological. Note impaired equilibrium,

coordination, or speech pattern; paresthesia;

asymmetric deep tendon reflexes; sensory or

positional abnormalities; abnormal patellar

and Babinski’s reflexes; ataxia. Abnormal

neurological responses may be an indication

for further testing to rule out an underlying

medical condition. Any neurological

condition should be evaluated for the nature

and severity of the condition, the degree of

limitation present, the likelihood of

progressive limitation, and the potential for

sudden incapacitation. In instances where

the medical examiner has determined that

more frequent monitoring of a condition is

appropriate, a certificate for a shorter period

should be issued.

Spine, musculoskeletal. Previous surgery,

deformities, limitation of motion, and

tenderness should be noted. Findings may

indicate additional testing and evaluation

should be conducted.

Extremities. Carefully examine upper and

lower extremities and note any loss or

impairment of leg, foot, toe, arm, hand, or

finger. Note any deformities, atrophy,

paralysis, partial paralysis, clubbing, edema,

or hypotonia. If a hand or finger deformity

exists, determine whether prehension and

power grasp are sufficient to enable the

driver to maintain steering wheel grip and to

control other vehicle equipment during

routine and emergency driving operations. If

a foot or leg deformity exists, determine

whether sufficient mobility and strength exist

to enable the driver to operate pedals

properly. In the case of any loss or

impairment to an extremity which may

interfere with the driver’s ability to operate

a commercial motor vehicle safely, the

medical examiner should state on the

medical certificate ‘‘medically unqualified

unless accompanied by a Skill Performance

Evaluation Certificate.’’ The driver must then

apply to the Field Service Center of the

FMCSA, for the State in which the driver has

legal residence, for a Skill Performance

Evaluation Certificate under § 391.49.

Laboratory and Other Testing. Other test(s)

may be indicated based upon the medical

history or findings of the physical

examination.

Diabetes. If insulin is necessary to control

a diabetic driver’s condition, the driver is not

qualified to operate a commercial motor

vehicle in interstate commerce. If mild

diabetes is present and it is controlled by use

of an oral hypoglycemic drug and/or diet and

exercise, it should not be considered

disqualifying. However, the driver must

remain under adequate medical supervision.

Upon completion of the examination, the

medical examiner must date and sign the

form, provide his/her full name, office

address and telephone number. The

completed medical examination form shall

be retained on file at the office of the medical

examiner.

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(g) If the medical examiner finds that

the person he/she examined is

physically qualified to drive a

commercial motor vehicle in accordance

with § 391.41(b), the medical examiner

shall complete a certificate in the form

prescribed in paragraph (h) of this

section and furnish one copy to the

person who was examined and one copy

to the motor carrier that employs him/

her.

(h) The medical examiner’s certificate

shall be substantially in accordance

with the following form. Existing forms

may be used until current printed

supplies are depleted or until November

6, 2001, whichever occurs first.

BILLING CODE 4910–22–P

59380 Federal Register / Vol. 65, No. 194 / Thursday, October 5, 2000 / Rules and Regulations

§ 391.49 [Amended]

4. Section 391.49 is amended in

paragraph (d)(2) by revising the

erroneous reference ‘‘§ 391.43(e)’’ to

read ‘‘§ 391.43(h)’’.

[FR Doc. 00–25337 Filed 10–4–00; 8:45 am]

BILLING CODE 4910–22–C

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 000211039-0039-01; I.D.

092900A]

Fisheries of the Exclusive Economic

Zone Off Alaska; Shortraker and

Rougheye Rockfish in the Eastern

Regulatory Area of the Gulf of Alaska

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS is prohibiting retention

of shortraker and rougheye rockfish in

the Eastern Regulatory Area of the Gulf

of Alaska (GOA). NMFS is requiring that

catch of shortraker and rougheye

rockfish in this area be treated in the

same manner as prohibited species and

discarded at sea with a minimum of

injury. This action is necessary because

the amount of the 2000 total allowable

catch (TAC) of shortraker and rougheye

rockfish in this area has been reached.

DATES: Effective 1200 hrs, Alaska local

time (A.l.t.), October 2, 2000, until 2400

hrs, A.l.t., December 31, 2000.

FOR FURTHER INFORMATION CONTACT: Nick

Hindman 907-586-7006 or

nick.hindman@noaa.gov.

SUPPLEMENTARY INFORMATION: NMFS

manages the groundfish fishery in the

GOA exclusive economic zone

according to the Fishery Management

Plan for Groundfish of the Gulf of

Alaska (FMP) prepared by the North

Pacific Fishery Management Council

under authority of the MagnusonStevens Fishery Conservation and

Management Act. Regulations governing

fishing by U.S. vessels in accordance

with the FMP appear at subpart H of 50

CFR part 600 and 50 CFR part 679.

The amount of the 2000 TAC of

shortraker and rougheye rockfish in the

Eastern Regulatory Area of the GOA was

established as 590 metric tons by the

Final 2000 Harvest Specifications of

Groundfish for the GOA (65 FR 8298,

February 18, 2000). See §

679.20(c)(3)(ii).

In accordance with § 679.20(d)(2), the

Administrator, Alaska Region, NMFS,

has determined that the amount of the

2000 TAC for shortraker and rougheye

rockfish in the Eastern Regulatory Area

of the GOA has been reached. Therefore,

NMFS is requiring that further catches

of shortraker and rougheye rockfish in

the Eastern Regulatory Area of the GOA

be treated as prohibited species in

accordance with § 679.21(b).

Classification

This action responds to the best

available information recently obtained

from the fishery. NMFS finds that

implementing this action immediately

to prevent overharvesting the amount of

the 2000 TAC for shortraker and

rougheye rockfish in the Eastern

Regulatory Area of the GOA constitutes

good cause to waive the requirement to

provide prior notice and the

opportunity for public comment

pursuant to authority set forth at 5

U.S.C. 553(b)(B) as such procedure

would be impracticable and contrary to

the public interest. Moreover, the fleet

has taken the amount of the 2000 TAC

for shortraker and rougheye rockfish in

the Eastern Regulatory Area of the GOA.

As further delay would only result in

overharvest, NMFS finds that this

constitutes good cause under 5 U.S.C.

553(d), to waive the delay in the

effective date.

This action is required by § 679.20

and is exempt from review under E.O.

12866.

Authority: 16 U.S.C. 1801 et seq.

Dated: October 2, 2000.

Clarence Pautzke,

Director, Office of Sustainable Fisheries,

National Marine Fisheries Service.

[FR Doc. 00–25621 Filed 10–2–00; 4:30 pm]

BILLING CODE: 3510–22 –S