22790 Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Rules and Regulations 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Parts 383, 384 and 391 

[Docket No. FMCSA–2012–0178] 

RIN 2126–AB40 

Medical Examiner’s Certification 

Integration 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Final rule. 

SUMMARY: FMCSA amends the Federal 

Motor Carrier Safety Regulations 

(FMCSRs) to require certified medical 

examiners (MEs) performing physical 

examinations of commercial motor 

vehicle (CMV) drivers to use a newly 

developed Medical Examination Report 

(MER) Form, MCSA–5875, in place of 

the current MER Form and to use Form 

MCSA–5876 for the Medical Examiner’s 

Certificate (MEC); and 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 of results includes all 

CMV drivers who are required to be 

medically certified to operate in 

interstate commerce, not only those who 

hold or apply for commercial learner’s 

permits (CLP) or commercial driver’s 

licenses (CDL), and results of any 

examinations performed in accordance 

with the FMCSRs with any applicable 

State variances (which will be valid for 

intrastate operations only). For holders 

of CLP/CDLs (interstate and intrastate), 

FMCSA will electronically transmit 

driver identification, examination 

results, and restriction information from 

examinations performed from the 

National Registry to the State Driver’s 

Licensing Agencies (SDLAs). The 

Agency will also transmit medical 

variance information for all CMV 

drivers electronically to the SDLAs. 

DATES: Effective on June 22, 2015. See 

the amendments to 49 CFR parts 383, 

384 and 391 for compliance dates. 

FOR FURTHER INFORMATION CONTACT: 

Charles A. Horan, III, Director, Carrier, 

Driver, & Vehicle Safety Standards, 

Federal Motor Carrier Safety 

Administration, 1200 New Jersey 

Avenue SE., Washington, DC 20590– 

0001, by telephone at (202) 366–4001 or 

via email at fmcsamedical@dot.gov. 

Office hours are from 9 a.m. to 5 p.m. 

ET, Monday through Friday, except 

Federal holidays. If you have questions 

on viewing or submitting material to the 

docket, contact Docket Services, 

telephone (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble 

I. Rulemaking Documents 

A. Availability of Rulemaking Documents 

B. Privacy Act 

II. Executive Summary 

A. Purpose and Summary of the Major 

Provisions 

B. Benefits and Costs 

III. Abbreviations 

IV. Legal Basis for the Rulemaking 

A. Authority Over Drivers Affected 

B. Authority To Regulate State CDL 

Programs 

C. Authority To Require Reporting by MEs 

V. Background 

A. Medical Certification Requirements as 

Part of the CDL 

B. National Registry of Certified MEs 

C. MER 

VI. Discussion of Comments Received on the 

Proposed Rule 

A. Overview 

B. Electronic Transmission and Access to 

MEC Information 

C. Use of Revised Medical Examination 

Report Form and Medical Examiner’s 

Certificate 

D. Compliance Date for the States 

E. Coercion 

F. Issues Outside the Scope of This 

Rulemaking 

VII. Section-by-Section Explanation of 

Changes 

A. Changes to Part 383 

B. Changes to Part 384 

C. Changes to Part 391 

D. Compliance Date 

VIII. Regulatory Analyses and Notices 

A. E.O. 12866 (Regulatory Planning and 

Review and DOT Regulatory Policies and 

Procedures as Supplemented by E.O. 

13563) 

B. Regulatory Flexibility Act 

C. Assistance for Small Entities 

D. Unfunded Mandates Reform Act of 1995 

E. E.O. 13132 (Federalism) 

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

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

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

I. Privacy Impact Assessment 

J. E.O. 12372 (Intergovernmental Review) 

K. Paperwork Reduction Act 

L. National Environmental Policy Act and 

Clean Air Act 

M. E.O. 12898 Environmental Justice 

N. E.O. 13211 (Energy Supply, 

Distribution, or Use) 

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

P. National Technology Transfer and 

Advancement Act (Technical Standards) 

I. Rulemaking Documents 

A. Availability of Rulemaking 

Documents 

For access to docket FMCSA–2012– 

0178 to read background documents and 

comments received, go to http://

www.regulations.gov at any time, or to 

U.S. Department of Transportation, 

Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m. E.T., Monday 

through Friday, except Federal holidays. 

B. 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.dot.gov/privacy. 

II. Executive Summary 

A. Purpose and Summary of the Major 

Provisions 

The purpose of this final rule is to 

facilitate the electronic transmission of 

MEC information from FMCSA’s 

National Registry to the SDLAs. This 

transmission will provide 

administrative cost savings to motor 

carriers, drivers, MEs, and SDLAs. In 

addition, it will reduce, to the greatest 

extent possible, the potential for the 

submission of falsified MECs to the 

States, which are required to post MEC 

information to CLP/CDL holders’ 

records accessible via CDLIS. By 

ensuring that drivers are medically 

qualified, FMCSA will decrease the risk 

of CMV crashes, attributable in whole or 

in part, to drivers with medical 

conditions that adversely affect their 

ability to operate a CMV safely on the 

Nation’s highways. 

The final rule requires certified MEs 

performing physical examinations of 

CMV drivers to use a newly developed 

MER Form, MCSA–5875, in place of the 

current MER Form and to use the Form 

MCSA–5876 for the MEC. In addition, 

MEs are required to report results of 

each CMV drivers’ physical 

examination, 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. This 

includes all CMV drivers (CDL/CLP and 

Non-CDL/CLP) who are required to be 

medically certified to operate in 

interstate commerce and allows, but 

does not require, MEs to transmit any 

information about examinations 

performed in accordance with the 

FMCSRs with any applicable State 

variances, which will be valid for 

intrastate operations only. Examination 

results will be reported by completing a 

CMV Driver Medical Examination 

Results Form, MCSA–5850, via the ME’s 

individual password-protected National 

Registry web account. 

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Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Rules and Regulations 22791 

1When medical variance information is 

referenced in this document it means exemptions, 

skills performance evaluation certificates and 

grandfathered exemptions issued by FMCSA. 

2There are a few limited exceptions of drivers in 

49 CFR 390.3(f) and 391.2. 

For applicants/holders of CLP/CDLs 

(interstate and intrastate), FMCSA will 

electronically transmit from the 

National Registry system to the SDLAs 

driver identification, examination 

results, and restriction information for 

examinations performed in accordance 

with the FMCSRs (49 CFR 391.41– 

391.49), as well as information about 

any examinations reported by the MEs 

that are performed in accordance with 

applicable State variances. This 

includes examination results that have 

been voided by FMCSA because the 

Agency finds that an ME has certified a 

driver who does not meet the interstate 

physical certification standards. 

The Agency will also transmit 

medical variance information 1 for all 

CMV drivers electronically to the 

SDLAs. Transmission of this 

information will allow authorized State 

and Federal enforcement officials to 

view the most current and accurate 

information regarding the medical status 

of the CMV driver, all information on 

the MEC, any medical variance 

information (if applicable), and the 

issued and expiration date. 

B. Benefits and Costs 

The estimated cost of the final rule is 

not expected to exceed the $100 million 

annual threshold for economic 

significance. The modifications to the 

National Registry system and 

Commercial Driver’s License 

Information System (CDLIS) that will 

allow the Agency to electronically 

transmit driver identification, 

examination results, and medical 

variance information from the National 

Registry system to the SDLAs, have been 

estimated to be a one-time rounded cost 

of $12,000,000. 

SUMMARY OF QUANTIFIED COSTS

SDLA .................................... $10,000,000 

AAMVA ................................. 1,000,000 

FMCSA ................................. 1,000,000 

Total Costs (rounded) ... 12,000,000 

The implementation of this rule will 

result in changes to the annual 

paperwork burden hours and costs for 

the Medical Qualification Requirements 

and the Commercial Driver Licensing 

and Testing Standards information 

collections (ICs). As a result, the motor 

carriers, drivers, MEs, and SDLAs 

affected will benefit from a decrease in 

annual burden hours and economic 

expenditures. The estimated cost 

savings are $10.16 million annually. 

The potential estimated benefits are 

detailed in the table below. The revised 

Office of Management and Budget 

(OMB) control numbers 2126–0006 and 

2126–0011 Supporting Statements detail 

all revisions associated with the 

reduced annual paperwork burden 

hours. 

SUMMARY OF QUANTIFIED BENEFITS

[in millions of dollars] 

Motor carriers no longer verify ME 

National Registry number ............. $4.78 

MEs no longer handwrite MECs for 

CLP/CDL applicants/holders ......... 2.87 

CLP/CDL applicants/holders no 

longer provide MEC to SDLA ....... 1.05 

SDLAs no longer manually record 

MEC information ........................... 1.46 

Total Benefits ............................ 10.16 

III. Abbreviations 

AAMVA American Association of 

Motor Vehicle Administrators 

AAMVAnet American Association of 

Motor Vehicle Administrators 

Network 

Advocates Advocates for Highway and 

Auto Safety 

ATA American Trucking Associations 

CAA Clean Air Act 

CE Categorical Exclusion 

CDL Commercial Driver’s License 

CDLIS Commercial Driver’s License 

Information System 

CLP Commercial Leaner’s Permit 

CMV Commercial Motor Vehicle 

DOT U.S. Department of 

Transportation 

DQ Driver Qualification 

FMCSA Federal Motor Carrier Safety 

Administration 

FMCSRs Federal Motor Carrier Safety 

Regulations 

IC Information Collection 

ICC Interstate Commerce Commission 

MAP–21 Moving Ahead for Progress in 

the 21st Century Act 

ME Certified Medical Examiner 

MEC Medical Examiner’s Certificate 

MER Medical Examination Report 

MVR Motor Vehicle Record 

NPRM Notice of Proposed Rulemaking 

OMB Office of Management and 

Budget 

PIA Privacy Impact Assessment 

PII Personally Identifiable Information 

PRA Paper Reduction Act 

RFA Regulatory Flexibility Act 

SAFETEA–LU Safe, Accountable, 

Flexible, Efficient Transportation 

Equity Act: A Legacy for Users 

SDLA State Driver Licensing Agencies 

SPE Skill Performance Evaluation 

IV. Legal Basis for the Rulemaking 

The purpose of this final rule is to 

modify the requirements adopted in two 

earlier final rules issued by FMCSA, 73 

FR 73096 (Dec. 1, 2008) and 77 FR 

24104 (April 20, 2012), so that the 

information from the MEC transmitted 

to FMCSA after the examination by MEs 

for drivers required to have a CDL is 

promptly and accurately transmitted to 

the SDLAs for entry into the appropriate 

driver record. In view of this purpose, 

the legal bases of the two previous final 

rules also serve as the legal basis for this 

final rule. The primary legal basis for 

the 2008 final rule, Medical 

Certification Requirements as Part of the 

Commercial Driver’s License, is section 

215 of Motor Carrier Safety 

Improvement Act [Pub. L. 106–159, 113 

Stat. 1767 (Dec. 9, 1999)] (set out as a 

note to 49 U.S.C. 31305). The primary 

legal basis for the 2012 final rule, 

National Registry of Certified Medical 

Examiners (National Registry), is 49 

U.S.C. 31149, enacted by section 4116(a) 

of the Safe, Accountable, Flexible, 

Efficient Transportation Equity Act: A 

Legacy for Users, Public Law 109–59, 

119 Stat. 1726 (Aug. 10, 2005) 

(SAFETEA–LU). Detailed discussions of 

the legal basis for the 2008 and 2012 

final rules appear in their preambles, at 

73 FR 73096–73097 and 77 FR 24105– 

24106, respectively. 

A. Authority Over Drivers Affected 

1. Drivers Required To Obtain an MEC 

FMCSA is required by statute to 

establish standards for the physical 

qualifications of drivers who operate 

CMVs in interstate commerce [49 U.S.C. 

31136(a)(3) and 31502(b)]. FMCSA has 

fulfilled the statutory mandate of 49 

U.S.C. 31136(a)(3) by establishing 

physical qualification standards for all 

drivers covered by these provisions [49 

CFR 391.11(b)(4)].2 Such drivers must 

obtain from an ME a certification stating 

that the driver is physically qualified 

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

FMCSA is also required by statute to 

ensure that the operation of a CMV does 

not have a deleterious effect on the 

physical condition of the drivers [49 

U.S.C. 31136(a)(4)]. 

Sec. 32911 of the Moving Ahead for 

Progress in the 21st Century Act (MAP– 

21) (Pub. L. 112–141, 126 Stat. 405, July 

6, 2012) added an additional 

requirement to ensure that ‘‘an operator 

of a CMV is not coerced by a motor 

carrier, shipper, receiver, or 

transportation intermediary to operate a 

CMV in violation of a regulation 

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promulgated under this section, or 

chapter 51 or chapter 313 of this title’’ 

[49 U.S.C. 31136(a)(5)]. See the 

discussion below. FMCSA is also 

required to consider, to the extent 

practicable and consistent with the 

purposes of the statute, costs and 

benefits of the rule. 49 U.S.C. 

31136(c)(2)(A). 

2. Drivers Required To Obtain a CDL 

The authority for FMCSA to require 

an operator of a CMV to obtain a CDL 

rests on the authority found in 49 U.S.C. 

31302. 

B. Authority To Regulate State CDL 

Programs 

FMCSA, in accordance with 49 U.S.C. 

31311 and 31314, has authority to 

prescribe procedures and requirements 

for the States to observe in order to issue 

CDLs [see, generally, 49 CFR part 384]. 

In particular, under section 31314, in 

order to avoid loss of funds apportioned 

from the Highway Trust Fund, each 

State shall comply with the requirement 

that the State shall adopt and carry out 

a program for testing and ensuring the 

fitness of individuals to operate 

commercial motor vehicles consistent 

with the minimum standards prescribed 

by FMCSA under section 31305(a) of 

Title 49 U.S.C. 49 U.S.C. 31311(a)(1). 

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 all of the 

MECs they issue. Section 31133(a)(8) 

gives the Agency broad administrative 

powers (specifically ‘‘to prescribe 

recordkeeping 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. 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)]. 

V. Background 

On May 10, 2013, FMCSA published 

the Medical Examiner’s Certification 

Integration notice of proposed 

rulemaking (NPRM) (78 FR 27343). The 

public comment period for the NPRM 

closed on July 9, 2013. This final rule, 

as stated in the Legal Basis section, is a 

follow-on rule to both the Medical 

Certification Requirements as Part of the 

CDL rule (Med-Cert) final rule 

published on December 1, 2008 (73 FR 

73096) and the National Registry of 

Certified Medical Examiners (National 

Registry) final rule published on April 

20, 2012 (77 FR 2410). It is the third rule 

of an initiative to improve the driver 

qualification and medical examiner’s 

certification process. 

A. Medical Certification Requirements 

as Part of the CDL 

FMCSA’s 2008 Med-Cert final rule, 

[73 FR 73096 (Dec. 1, 2008)] adopted a 

number of regulatory provisions 

designed to incorporate information 

from the MEC into CDLIS. Subsequent 

actions of the Agency modified some of 

the provisions adopted in the 2008 final 

rule [see Med-Cert; Technical, 

Organizational, and Conforming 

Amendments, 75 FR 28499 (May 21, 

2010)]. Most of the requirements 

established by these actions took effect 

on January 30, 2012. But some 

requirements affecting CDL holders and 

their employers did not take effect until 

January 30, 2015. 

In addition, FMCSA established new 

uniform requirements for CLPs in the 

final rule published May 9, 2011, 

Commercial Driver’s License Testing 

and Commercial Learner’s Permit 

Standards [76 FR 26854]. As a result, 

the medical certification requirements 

of the 2008 final rule will apply to 

applicants and holders of CLPs 

beginning on July 8, 2015 [78 FR 17875, 

17882 (Mar. 25, 2013), amending 49 

CFR 384.301(f)]. As modified by these 

actions, the essential elements of these 

CLP/CDL medical certification 

provisions for each of the affected 

groups are summarized below: 

1. SDLAs 

The Med-Cert rule mainly requires the 

States to modify their CDL procedures 

to: (1) Record a CLP/CDL applicant’s/

holder’s self-certification regarding type 

of driving (e.g., interstate (non-excepted 

or excepted) and intrastate (nonexcepted or excepted) on the CDLIS 

driver record); (2) require submission of 

the original or copy of the MEC from a 

driver operating in non-excepted, 

interstate commerce who is required by 

49 CFR part 391 to be medically 

certified; (3) post the required 

information from the certificate or a 

copy onto the CDLIS driver record 

within 10 calendar days; (4) update the 

medical certification status of the CDLIS 

driver record to show the driver as ‘‘notcertified’’ if the certification expires; 

and (5) downgrade the CLP/CDL within 

60 days of the expiration of the driver’s 

MEC. There are also requirements for 

posting certain information about any 

medical variances issued to the driver 

on the CDLIS driver record. 

If the driver certifies that he or she 

expects to drive in interstate commerce 

and is not driving exclusively for one of 

the industries excepted from the 

requirements of 49 CFR part 391, the 

Med-Cert rule requires the State to post 

the driver’s information, within 10 

calendar days on the CDLIS driver 

record. In addition to the recordkeeping 

requirements, the SDLA must make the 

driver’s medical certification status 

information electronically accessible to 

authorized State and Federal 

enforcement officials and to drivers and 

employers via CDLIS motor vehicle 

records (MVRs). 

Today’s final rule provides a costeffective tool to support the States in 

implementing the Med-Cert rule and 

reduce to the greatest extent possible the 

need for State personnel to spend time 

manually entering information from 

paper copies of the medical certificates. 

The rule also helps ensure that the 

medical certificates being uploaded are 

valid. 

2. Motor Carriers and Employers 

Motor carriers who employ a CDL 

holder subject to the physical 

qualifications requirements under 49 

CFR part 391 must place the driver’s 

current CDLIS MVR documenting the 

driver’s medical certification status in 

the driver’s qualification (DQ) file before 

allowing the driver to operate a CMV. 

The MEC that the driver provided to the 

SDLA may be used for this purpose for 

up to 15 days from the date the 

certificate was issued by the ME. The 

CDLIS MVR will be used to verify the 

driver has the necessary medical 

certification and the results placed in 

the DQ file. 

3. Drivers. 

All interstate CDL holders subject to 

the physical qualifications standards of 

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Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Rules and Regulations 22793 

49 CFR part 391 must meet the 

following requirements: 

• All drivers applying for an initial, 

renewal, upgrade or transfer of a CDL 

must provide the MEC to the SDLA, and 

update that information whenever a 

new certificate is issued. 

• All existing CDL holders who do 

not have a renewal, upgrade or transfer 

issuance must still provide the MEC to 

the SDLA. They must update that 

information with the SDLA whenever a 

new certificate is issued. 

• Beginning on January 30, 2015, 

these drivers no longer have to use the 

MEC as proof of their medical 

certification to enforcement personnel 

or employers, except for the first 15 

days after issuance. 

• Beginning on January 30, 2015, 

these drivers are no longer required to 

carry the actual MEC after the first 15 

days after issuance, but must continue 

to carry any Skills Performance 

Evaluation (SPE) certificate or medical 

exemption document while on duty. 

• Beginning on July 8, 2015, the 

above requirements will also apply to 

CLP holders. 

Non-CDL/CLP holders subject to the 

physical qualifications standards of 49 

CFR part 391 will continue to be 

required to carry the original or a copy 

of the MEC and any SPE certificate or 

medical exemption document while on 

duty. 

B. National Registry of Certified MEs 

In 2012, FMCSA issued a final rule 

establishing the National Registry [77 

FR 24104 (Apr. 20, 2012)]. This rule 

established training and testing 

requirements for medical professionals 

who conduct the medical certification 

examinations of interstate CMV drivers. 

The compliance date for the National 

Registry final rule was May 21, 2014. 

Therefore, as to medical certifications 

issued on or after that date, the Agency 

considers valid only those MECs that 

were issued by MEs listed on the 

National Registry on the date of 

issuance. MECs that were issued prior to 

the May 21, 2014 compliance date, 

however, are considered valid until the 

MECs expiration date provided by the 

ME. 

The MEs who conduct medical 

examinations of CMV drivers must 

retain copies of the MER Forms of all 

drivers they examine and certify. The 

MER Form lists the specific results of 

the various medical tests and 

assessments used to determine if a 

driver meets the physical qualification 

standards set forth in 49 CFR part 391, 

subpart E. 

One of the administrative 

requirements for being listed on the 

National Registry is for the ME to 

submit a CMV Driver Medical 

Examination Results Form, MCSA– 

5850, to FMCSA for each physical 

examination conducted on both CLP/

CDL and non-CDL holders. MEs are 

required to submit this information 

monthly. The CMV Driver Medical 

Examination Results Form, MCSA– 

5850, has undergone minor editorial 

changes to be more user friendly and 

includes most of the information on the 

MEC. 

C. MER 

The current version of the MER Form 

and the instructions and requirements 

for its use have evolved over a number 

of years. In 2000, FMCSA issued a final 

rule adopting significant revisions to the 

instructions and MER Form, much as 

they appear today in 49 CFR 391.43(f). 

The purpose of the revisions was to 

organize the form to: ‘‘(1) Gain 

simplicity and efficiency; (2) reflect 

current medical terminology and 

examination components; and (3) be a 

self-contained document. . . .’’ 

[Physical Qualification of Drivers; 

Medical Examination; Certificate, 65 FR 

59363 (Oct. 5, 2000)]. The MER Form 

also included a number of advisory 

criteria providing Agency guidelines to 

assist MEs in assessing a driver’s 

physical qualifications. FMCSA noted 

that ‘‘These guidelines are strictly 

advisory and were established after 

consultation with physicians, States and 

industry representatives.’’ (65 FR 

59364). 

Since the 2000 revisions, the MER 

Form and the instructions have been 

revised only to reflect changes in the 

advisory guidelines relating to 

hypertension and standards for the use 

of Schedule I drugs [Motor Carrier 

Safety Regulations; Miscellaneous 

Technical Amendments, 68 FR 56199 

(Sep. 30, 2003) and Harmonizing 

Schedule I Drug Requirements, 77 FR 

4479 (Jan. 30, 2012) and 77 FR 10391 

(Feb. 22, 2012)]. 

VI. Discussion of Comments Received 

on the Proposed Rule 

A. Overview of Comments 

In response to the May 2013 NPRM, 

FMCSA received 67 comments. The 

majority of the commenters were State 

agencies (from Alabama, California, 

Colorado, Delaware, Georgia, Illinois, 

Kentucky, Maryland, Missouri, 

Montana, Nebraska, New York, Ohio, 

Oregon, Utah, Virginia, and Wisconsin) 

and individuals, many of whom 

identified themselves as healthcare 

professionals. Among other commenters 

were the following: Five healthcare 

provider professional associations 

including the American Academy of 

Physician Assistants (AAPA) and the 

American College of Occupational and 

Environmental Medicine (ACOEM); four 

trucking/industry associations including 

the American Association of Motor 

Vehicle Administrators (AAMVA) and 

the American Trucking Associations, 

Inc. (ATA); seven motor carriers 

including Landstar Transportation 

Logistics, Inc.; Schneider National, Inc.; 

the County of Los Angeles, CA; 

Concentra Health Services jointly with 

U.S. HealthWorks Medical Group; and 

Advocates for Highway and Auto Safety 

(Advocates). 

The first area of comment involved 

the proposal for electronic transmission 

of CMV drivers’ MEC information to the 

SDLAs, and related issues. The second 

involved the proposed revisions and 

handling of the MER Form, MCSA–5875 

and, to a lesser extent, the minor 

changes to the MEC, Form MCSA–5876. 

A third area of comment involved 

provisions that would invalidate a 

driver’s current MEC when the driver 

fails a new physical examination. 

Lastly, a number of commenters raised 

issues that were beyond the scope of the 

proposals in the NPRM. These 

comments will be briefly summarized 

with an explanation as to why the issues 

raised are not within the scope of this 

proceeding. 

Although no commenters explicitly 

expressed support for the proposed rule 

in its entirety, 17 were in support of 

various provisions of the rule. Five 

commenters explicitly opposed the 

proposed rule. Twenty-nine 

commenters provided 

recommendations, voiced concerns, or 

were opposed to specific parts of the 

proposed rule, such as identification of 

the system that will be used for the 

electronic transmission of MEC data to 

the SDLAs, transmission of data for all 

CMV drivers not just CLP/CDL 

applicants/holders, transmission of data 

for those drivers operating in intrastate 

commerce, daily reporting requirements 

for MEs, and new form requirements. 

Nine commenters expressed serious 

concerns over specific requirements that 

they believe would be detrimental to 

stakeholders, such as increased costs, 

creating potential shortages of certified 

MEs, prohibiting drivers from carrying 

their MEC as a means of proving their 

medical qualification, and the 

implementation date for SDLAs. Seven 

others commented on issues that are 

outside the scope of this rulemaking. 

The following sections provide details 

regarding specific issues raised by the 

commenters. 

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22794 Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Rules and Regulations 

B. Electronic Transmission and Access 

to MEC Information 

1. System To Be Used for Data Transfer 

FMCSA proposed to electronically 

transmit driver identification, 

examination results, and restriction 

information from the National Registry 

system to the SDLAs for CLP/CDL 

applicants/holders. Many commenters 

were concerned that the system FMCSA 

plans to use to transfer the MEC 

information electronically to the SDLAs 

was not identified. AAMVA, many 

States, and other commenters suggested 

FMCSA consider using the existing 

CDLIS platform because it is a proven, 

secure system that on a daily basis 

successfully moves large amounts of 

data between States. It is their opinion 

that it would be easier to create a new 

message type in CDLIS that allows the 

MEC information to be transmitted than 

it would be to develop a new system, 

and would not require manual entry of 

data. They recommended that all fields 

have defined formats/standards and, if 

standards already exist in CDLIS and are 

included in the CDLIS MVR that is 

available to carriers and drivers, FMCSA 

use those. Many of these commenters 

stated that without the system being 

identified, there was not enough 

information to make a full assessment of 

the technical and cost impact. Some 

commenters were also concerned about 

how information would be made 

available to employers, drivers and 

other users, such as enforcement 

personnel. The ATA suggested that 

FMCSA design the system so that, if a 

State consents, MEs can simultaneously 

and instantaneously report results to 

both the National Registry and the 

driver’s MVR in CDLIS and other 

relevant systems. 

There were also comments addressing 

the length of time that the SDLAs would 

have to update the records, ranging from 

real time updates to three days or 

longer. Werner Enterprises, Inc. 

expressed concern for how the proposed 

system would work on a practical level 

and suggested that the timeframe for 

FMCSA to transmit the MEC 

information to the SDLA be mandated 

as the next day. 

FMCSA Response 

Although the Agency had long 

recognized the benefits of using the 

CDLIS platform, the Agency did not 

discuss this plan in the preamble to the 

NPRM. The intent of the rulemaking 

was not to specify the platform, but to 

explain that the Agency made a 

preliminary determination that it was 

feasible to collect MEC information from 

MEs on a daily basis, and that the more 

frequent submission of the examination 

results would facilitate the timely 

transmission of information to the 

SDLAs. The Agency now agrees that 

CDLIS is the appropriate and most costeffective means of implementing the 

requirements of this final rule, as many 

of the commenters urged. When it is 

implemented, FMCSA will receive and 

process the MEC information from the 

MEs, and then the data for CDL drivers 

will be electronically transmitted 

through the AAMVAnet 

communications system to the SDLAs. 

Once received, the SDLAs will be able 

to automatically populate the individual 

CDLIS driver records with the MEC 

information. The fields for this 

information have already been created 

and established in the CDLIS record as 

a result of the implementation of the 

2008 Med-Cert final rule. The 

development of this electronic transfer 

of MEC information from the National 

Registry through the AAMVAnet 

communications system to the CDLIS 

driver records will be a joint effort of 

FMCSA, AAMVA and the SDLAs. 

While there will be one-time costs 

incurred by the SDLAs to implement 

this secure transmission of MEC 

information, SDLAs should see a 

reduction in staff time and costs in the 

elimination of manual input of this MEC 

information over time. 

2. Transmission of MEC Information for 

CLP/CDL Applicants/Holders Only 

For applicants/holders of CLP/CDLs, 

FMCSA proposed to transmit driver 

identification, examination results, and 

restriction information electronically 

from the National Registry system to the 

SDLAs. Many commenters were 

opposed the continued use of paper 

MECs for non-CLP/CDL applicants/

holders. Several commenters believe 

FMCSA should require the posting of 

the MEC for non-CLP/CDL applicants/

holders to a database similar to CDLIS. 

For example, the ATA suggested that 

FMCSA examine the benefits of 

requiring SDLAs to furnish MEC 

information to all CMV drivers, 

including those who require medical 

certification but do not require a CDL. 

The American College of 

Occupational and Environmental 

Medicine (ACOEM) indicated that 

placing the responsibility on the ME to 

keep track of whether they are required 

to submit the results of the examination 

(CLP/CDL applicants/holders) or issue a 

paper MEC (those who require the MEC 

but do not require a CDL) could be 

confusing, especially for the intrastate 

CLP/CDL holders. They also stated that 

the proposed rule extends the burden on 

the MEs with more frequent 

submissions and tracking of different 

requirements for inter/intrastate or CLP/ 

CDL/non-CLP/CDL holders, not to 

mention the excepted or non-excepted 

drivers. 

Oregon’s Driver and Motor Vehicle 

Services expressed a similar concern 

that errors occurring in the transmission 

of the information to the National 

Registry will result in inaccuracies that 

will prevent the National Registry from 

transmitting the data successfully to the 

correct State. They suggested that a 

process be added for States to access the 

National Registry through a passwordprotected web account to locate the 

MEC for a particular driver. They stated 

that the ability to pull the MEC 

information could resolve the concerns 

for those States with statutes that 

require an MEC. They also suggested, as 

an alternative, that the National Registry 

provide a ‘‘help desk’’ function that 

would receive requests for MECs, search 

for a driver, and mark the record so the 

system can transmit the MEC 

information to a particular State. 

FMCSA Response 

FMCSA generally agrees with the 

suggestions. However, there are 

practical technical and statutory 

limitations that shaped the direction of 

the Agency’s proposal. 

FMCSA will electronically transmit 

MEC information from the National 

Registry to the SDLAs only for CLP/CDL 

applicants/holders because there is 

currently no IT system platform 

comparable to CDLIS for non-CLP/CDL 

applicants/holders, and the Agency 

does not have statutory authority to 

impose requirements on SDLAs 

concerning licensing of non-CLP/CDL 

applicants/holders. The 1986 legislation 

concerning the Federal CDL program 

does not provide the Agency with 

authority to cover non-CDL issues. 

Therefore, the Agency has no alternative 

but to focus on the electronic exchange 

of information between the National 

Registry and the SDLAs and retain 

requirements for paper MECs for nonCLP/CDL applicants/holders. 

While some commenters expressed 

concern about placing a burden on MEs 

by having two different methods of 

processing MEC information for CLP/

CDL applicants/holders versus nonCLP/CDL applicants/holders, FMCSA 

does not believe there is a burden on 

MEs. MEs need only focus on accurately 

documenting the results of the 

examination completely and accurately 

by completing the CMV Driver Medical 

Examination Results Form, MCSA– 

5850, via their individual passwordprotected National Registry account, 

following every examination. As long as 

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the information is complete and 

accurate, the FMCSA will take full 

responsibility for the electronic 

transmission of the MEC information to 

the SDLAs. Nothing in this rulemaking 

prohibits MEs from providing each 

driver with a copy of the MEC at the 

completion of the examination, so all 

drivers could carry a copy with them if 

the driver believes it is necessary. 

Drivers whose MEC information was 

transmitted electronically will have the 

added benefit of no longer being 

required to present proof directly to the 

SDLA. But the only official record of the 

CDL driver’s physical qualifications will 

be the CDLIS driver record. 

FMCSA acknowledges that there will 

be situations where the SDLA may need 

to pull MEC information from the 

National Registry for a driver, as 

indicated by the comments from 

Oregon’s Driver and Motor Vehicle 

Services. The FMCSA is committed to 

putting into place a push-pull system 

for transmission of information between 

the National Registry and the SDLAs. 

Under this system the information could 

be loaded automatically onto drivers’ 

records, but the SDLAs could also query 

the National Registry and pull or 

download the MEC information for 

drivers who had not yet obtained their 

CLP/CDL at the time of the medical 

examination. 

3. Daily Submission of CMV Driver 

Medical Examination Results Form, 

MCSA–5850 

FMCSA proposed that MEs be 

required to report results of all 

completed commercial drivers’ physical 

examinations, including the results of 

examinations where the driver was 

found not to be physically qualified, to 

the National Registry system by close of 

business (COB) on the day of the 

examination. 

Many commenters were opposed to 

the daily submission of the CMV Driver 

Medical Examination Results Form, 

MCSA–5850 because they believe that 

daily submission will place 

administrative and cost burdens on MEs 

and the medical practice that may result 

in fewer MEs willing to become 

certified. Some commenters believed 

that additional resources, technology, 

and staff may be required to meet this 

proposed requirement. Several 

commenters suggested that FMCSA 

allow significantly more time to report 

results and allow various methods of 

submission and a reduction in reporting 

requirements. 

Southern Company believes that COB 

reporting is unrealistic and stated in 

detail how their MEs have estimated 

that the new requirements would 

increase their administrative costs by 

20–25% per physical. Schneider 

National, Inc. would like FMCSA to 

reconsider the extent to which the cost 

of exams would increase with the daily 

reporting requirement. It asserts that the 

cost of this increase will be more than 

the $18.00 assumption used for 

additional administrative worker time. 

The Owner Operated Independent 

Drivers Association (OOIDA) asks the 

Agency to take into account certain 

factors that will increase the costs of the 

medical certification process to drivers: 

The costs associated with there being 

fewer MEs under the new system due to 

daily reporting requirements and the 

increased costs of those MEs being 

passed on to the driver. 

Werner Enterprises stated that they 

were concerned by the lack of a clearly 

defined deadline for FMCSA to deliver 

the information to the SDLA. They 

suggested it be defined as the next 

business day. ATA supports daily 

reporting, but suggested time zone 

considerations be made for downloads 

and batch submissions. Several 

commenters requested that FMCSA 

provide a means to allow the data to be 

automatically uploaded from a 

computer, stating that this would 

significantly improve their ability to 

meet the requirements and support 

FMCSA, the drivers, and the States. 

On the other hand, AAMVA and its 

membership (some of whom 

commented separately) stated that it is 

imperative for the SDLA to receive the 

MEC information by no later than COB 

on the day of the exam. They stated that 

without this requirement, roadside 

inspectors would not be able to verify 

that a driver is medically certified and 

there would be a tremendous impact on 

the ability of the SDLA to make an 

informed and accurate determination on 

the medical status of their commercial 

driving constituency. 

Many recommendations were made 

for modifying the reporting timeline, 

such as separate submission deadlines 

for those that are not qualified versus 

those that are qualified, a phase-in 

approach for all qualification statuses, 

and submission deadlines based on 

length of certification. One commenter, 

Southern Company, suggested that the 

current medical certification reporting 

process of the ME sending the MEC 

information to the SDLA be retained for 

efficiency purposes. 

FMCSA Response 

After careful consideration of the 

comments received on this issue, the 

Agency has modified the proposed daily 

reporting requirement. In this final rule, 

MEs will be required to report results of 

all CMV drivers’ physical examinations 

performed, including the results of 

examinations where the driver was 

found not to be physically qualified, to 

FMCSA by midnight (local time) of the 

next calendar day following the 

examination, instead of the proposed 

same-day reporting requirement. 

FMCSA disagrees with commenters who 

claim that the requirement to report 

exam results more quickly will increase 

the cost of that task. This requirement 

will not increase the time needed to 

transmit the form. MEs are encouraged 

to allow drivers to review the 

information that will be transmitted to 

FMCSA so as to reduce data errors and 

to ensure that, for CLP/CDL applicants/ 

holders, the information is promptly 

and accurately recorded on the driver 

record. 

The current process requires the ME 

to provide the MEC to the CLP/CDL 

applicant/holder, who in turn must 

provide the information to the SDLA, a 

requirement that was adopted in 2008 

and which became fully implemented 

on January 30, 2015. 79 FR 2377 (Jan. 

14, 2014). The purpose of this final rule 

is to replace that procedure with a 

procedure for electronic transmission of 

the MEC information from the MEs to 

FMCSA and then from FMCSA to the 

SDLAs. FMCSA will develop its systems 

so that, when fully implemented in 

three years, they will ensure prompt 

transmission of the MEC information 

from FMCSA to the SDLAs for CLP/CDL 

applicants/holders. This should greatly 

improve the timeliness and accuracy of 

the CDLIS driver record. Even though 

the information for non-CDL holders 

will be reported to the National 

Registry, such drivers still need to be 

issued a paper MEC, Form MCSA–5876 

by the ME if the driver is physically 

qualified. Contrary to Southern 

Company’s comment, there is no 

national system for MEs to send MEC 

information to the SDLA. 

Finally, FMCSA believes that 

concerns about the number of MEs 

listed on the National Registry are no 

longer warranted. As of January 5, 2015, 

there were more than 39,160 certified 

healthcare professionals on the National 

Registry, and the Agency had received 

the results concerning more than 2.8 

million physical examinations 

conducted between May 21, 2014 and 

December 31, 2014. 

4. Carrier To Obtain MEC as Part of 

MVR From SDLA 

FMCSA proposed retaining the 

requirements for motor carriers to obtain 

the CLP/CDL holders’ medical 

information as part of the CDLIS MVR 

from the SDLA originally imposed 

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through the 2008 Med-Cert final rule. 

Barton Solvents, Inc. pointed out that 

they currently request MVRs twice a 

year and review all drivers’ records 

during those two periods. They stated 

that the proposed rule would break up 

the requests such that MVRs would be 

requested individually after the 

examination and annually thereafter 

and that the administration of this 

change will require several more hours 

of staff time for tracking and making the 

requests. They requested that FMCSA 

consider removing the proposed 

requirement for employers to obtain the 

MVR and have it placed into the driver 

qualification (DQ) file within 15 days, 

and return to the current requirement of 

an annual review. On the other hand, 

ATA fully supports FMCSA’s proposed 

decision to allow motor carriers to use 

a driver’s MVR containing medical 

qualification information to demonstrate 

compliance with the motor carrier’s 

driver medical qualification monitoring 

requirement. Wisconsin’s Department of 

Transportation recommended that the 

system allow the physician to print 

results of the exam and to email or eFax 

results to the driver. They questioned 

how the doctor would be notifying the 

driver that she/he has failed, how the 

driver/employer knows what that 

means, and if FMCSA is planning on 

notifying drivers when their medical 

certification is due to expire and/or 

expires. 

FMCSA Response 

FMCSA understands the concerns 

underlying Barton Solvents’ request to 

modify the current requirement so that 

the MVR only be obtained and placed in 

the DQ file once a year at a time 

determined by the employer. But the 

current requirement under 49 CFR 

391.25(a) was established because the 

MEC or medical variance provided by 

the driver may expire before a new MVR 

is obtained if it is only requested once 

a year. This would leave the employer 

without proof for the DQ file to verify 

the medical qualification of the driver. 

The employer’s business practices need 

to be modified so that the MVR is 

obtained by the employer each time a 

new physical examination is taken and 

at least annually between examinations 

to be in compliance with the driver 

qualification requirements in 49 CFR 

391.11(b)(4) and 391.41(a). 

In response to Wisconsin’s comments, 

the driver can request and receive any 

additional information and documents 

(including copies of the MER and the 

MEC). But the official record of the 

driver’s qualifications (for CLP/CDL 

applicants/holders) will be the 

information transmitted to FMCSA by 

the ME and then transmitted by FMCSA 

to the SDLA for entry on the driver 

record. Non-CDL holders, of course, will 

still have to be provided a signed copy 

of the MEC in accordance with 49 CFR 

391.43. Finally, it is the driver’s 

responsibility to ensure that, if required 

to have a valid MEC, they obtain a new 

one before the previous one expires. 

FMCSA will not be providing any notice 

to drivers about upcoming expiration 

dates. A CLP/CDL holder who allows 

the MEC to expire without obtaining a 

new one will, in due course, be notified 

by the SDLA that the CLP/CDL will be 

downgraded. 

5. Carrying a Paper MEC While on Duty 

FMCSA proposed that CLP/CDL 

holders would no longer be required to 

carry a valid MEC while on duty 

operating a CMV, even during the first 

15 days after it is issued because the 

MEC information would be 

electronically transmitted from the ME 

to the National Registry system by close 

of business on the day of the 

examination. FMCSA would then 

promptly transmit the information from 

the National Registry system to the 

SDLAs electronically for entry into the 

appropriate CDLIS driver record. The 

MEC information would be posted to 

the driver’s record, by the SDLA, within 

one business day of receiving the 

information from FMCSA. 

Several commenters were opposed to 

CLP/CDL holders no longer being 

allowed or required to carry a paper 

MEC. They suggested we use the 

language ‘‘no longer required’’ instead 

of ‘‘not permitted.’’ 

Some commenters were concerned 

about the effect of the length of time it 

might take for the information to be 

posted by the SDLAs on the CDLIS 

driver record, and urged that the Agency 

retain the current 15-day period during 

which the paper MEC would be valid. 

On the other hand, ATA supports use of 

the language ‘‘no longer required to 

carry MEC.’’ But it suggested FMCSA 

design the system to transmit to the 

National Registry and the driver’s MVR 

at the same time. 

Schneider National, Inc. pointed out 

that the MEC serves as the driver’s 

reminder as to when his/her 

certification expires; without this they 

will need to call the ME, carrier or 

SLDA and ask when the physical 

expires. They expressed their concern 

for the administrative burden and costs 

this would cause. Schneider 

recommended any ‘‘pending decision’’ 

be sent to the SLDA as ‘‘not certified,’’ 

then if no action is taken, no additional 

transmission or change of status is 

needed. If the driver resolves the issue 

and is certified, then upon receipt of 

that status FMCSA would communicate 

a status of ‘‘certified.’’ Other 

commenters suggested we retain the 

‘‘temporarily disqualified’’ as an 

outcome on the MER Form, MCSA– 

5875, and New York’s Department of 

Motor Vehicles asked that FMCSA 

clarify the State’s responsibility when 

the driver is reported by the ME as 

‘‘pending determination.’’ 

FMCSA Response 

FMCSA’s intent in promulgating this 

final rule is to eliminate the need for 

CLP/CDL holders to carry a paper MEC 

as proof of being medically qualified 

and to reduce fraudulent activity 

involved in the issuance and forging of 

these documents in a paper format. For 

CDL holders (and later for CLP holders), 

this requirement was established in the 

Med-Cert final rule, although the 

requirement to have a paper MEC while 

on duty was extended to January 30, 

2015 because a few States have not yet 

implemented the changes necessary to 

comply with that rule [Med-Cert, 

Extension of Certificate Retention 

Requirements, 76 FR 70661 (Nov. 15, 

2011); and Med-Cert, Extension of 

Certificate Retention Requirements, 79 

FR 2377 (Jan. 14, 2014)]. FMCSA 

acknowledges that giving the ME until 

midnight (local time) of the next 

calendar day to submit the MCSA–5850 

to the National Registry will require 

extra outreach to the drivers to 

encourage them not to wait until the last 

minute to renew their medical 

certification. This outreach will be in 

addition to general outreach to and 

training for drivers, employers and law 

enforcement to become comfortable 

with this new method of proving 

medical qualification. The electronic 

record of the driver’s medical 

certification will be the only valid 

evidence that the CLP/CDL holder was 

physically qualified. Therefore, even if 

the CLP/CDL holder chooses to carry a 

paper MEC, it will not be considered 

valid evidence of medical qualification. 

As first established by the Med-Cert 

final rule, the purpose of eliminating the 

paper MEC for CLP/CDL holders is to 

provide current and accurate 

information and to reduce fraud. NonCLP/CDL holders will continue to be 

required to carry the original, or a copy, 

of the MEC while on duty. All CMV 

drivers will still be required to carry any 

relevant medical variance documents. 

FMCSA disagrees with Schneider’s 

recommendation to forward any 

pending determination to the SDLAs as 

not certified. The pending 

determination category represents a 

situation where the ME needs additional 

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medical information to determine if a 

driver is medically qualified. When 

pending determination is selected, the 

driver may still drive until his/her 

existing MEC expires or the ME makes 

a qualification decision. This 

information will be submitted and 

stored only in the National Registry 

system. It will not be transmitted to the 

SDLAs. In addition, it would not be 

appropriate to forward this information 

as ‘‘not certified’’ because a 

determination has not been made. If it 

was forwarded as ‘‘not certified’’, the 

SDLA will be required to enter ‘‘not 

certified’’ on the driver’s CDL and to 

begin the process of downgrading. If the 

disposition of the pending 

determination is not updated by the ME 

before the 45 day expiration date, 

FMCSA will notify the ME and the 

driver in writing that the examination is 

no longer valid and that the driver is 

required to be re-examined. FMCSA will 

retain the incomplete examination 

information in the National Registry 

System. If the driver is not medically 

qualified at the time of the exam, ‘‘not 

qualified’’ should be selected by the ME. 

This will apply at all times when a 

driver is not medically qualified 

including when a driver has a 

temporary and/or treatable disqualifying 

condition that may later be resolved 

enabling the driver to again be 

medically qualified or when a driver has 

not completed the recommended 

waiting period. FMCSA will use this to 

audit/check for irregularities in 

information transmitted to the National 

Registry (e.g., two or more conflicting 

certification statuses submitted). 

It should also be pointed out that the 

CMV Driver Medical Examination 

Results Form, MCSA–5850 clearly states 

that the results of all examinations 

conducted by the ME, including 

incomplete and failed examinations 

must be reported to FMCSA. However, 

the Agency does not have the authority 

to require a driver to complete the 

physical examination by a certified ME. 

The driver is able to stop the exam at 

any time but all exams, including those 

that are incomplete will be reported by 

the certified ME to the National 

Registry. 

6. Transmission of MEC Information for 

Interstate Drivers Only 

FMCSA proposed to transfer MEC 

information to the SDLAs only for those 

CLP/CDL applicants/holders that are 

required to be medically certified to 

operate a CMV transporting property or 

passengers in interstate commerce. 

Commenters objected to FMCSA 

transmitting MEC information for only 

interstate drivers and were concerned 

that no consideration has been given for 

intrastate drivers that are subject to the 

FMCSRs. Many, including 10 of the 17 

States that commented, suggested that 

FMCSA electronically transmit MEC 

information for all CMV drivers, 

including those that drive exclusively in 

intrastate commerce. The Colorado 

Department of Revenue/CDL Unit and 

AAMVA, like many others, requested 

clarification on whether it is the intent 

of FMCSA to send MEC information for 

interstate CLP/CDL applicants/holders 

only. They strongly objected to the 

process excluding intrastate drivers and 

stated that this exclusion will require 

the SDLAs to develop two different 

processes for receiving and entering 

MEC information. They believe that 

having two separate processes will be 

confusing to those law enforcement 

agencies that do not deal with CDL 

issues on a regular basis. The Colorado 

Department of Revenue/CDL Unit 

pointed out that while they understand 

that FMCSA does not regulate intrastate 

drivers, Motor Carrier Safety Assistance 

Program (MCSAP) States are required to 

treat intrastate drivers the same as 

interstate and suggested that FMCSA do 

the same. The Colorado Department of 

Revenue/CDL Unit also requested 

clarification on the use of the 

‘‘intrastate-only flag’’ on the CMV Driver 

Medical Examination Results Form, 

MCSA–5850, specifically whether the 

driver would be certifying to inter or 

intrastate driving, and whether MCSA– 

5850 forms marked intrastate-only 

would be transmitted from the National 

Registry to the SDLAs. 

Georgia’s Department of Driver 

Services recommended that FMCSA 

consider designating any driver whose 

medical certification is sent 

electronically from an ME to the SDLAs 

be designated by default to be selfcertified as non-excepted interstate. 

Georgia’s Department of Driver Services 

believes that this designation is logical 

because any driver who obtains a 

medical certification believes that he or 

she is non-excepted. They stated that 

each SDLA could impose intrastate-only 

restrictions if such are applicable to a 

specific driver. Oregon Driver and 

Motor Vehicle Services suggested that 

FMCSA develop a process that includes 

a way for each State to select which of 

its drivers should have MECs forwarded 

and have the ability to change that 

selection if necessary, send all MEC 

information regardless of driving type, 

or develop a way for States to access 

and retrieve the data directly from the 

National Registry. 

ACOEM suggested that the final rule 

make it clear that the driver is 

responsible for correctly notifying the 

ME of the category into which the driver 

falls—interstate/intrastate and excepted/ 

non-excepted. They stated that placing 

the responsibility on the ME to keep 

track of whether the ME is required to 

submit the results of the examination 

(for CDL holders) or to issue an MEC 

(for those who require an MEC but do 

not require a CDL) could be burdensome 

and confusing, especially as to intrastate 

CDL holders. In ACOEM’s opinion, 

documentation requirements should not 

fall on the ME. ACOEM also suggested 

that FMCSA develop a process to 

address situations where a driver 

obtained an MEC prior to applying for 

a CDL, or where CDL was checked on 

the MER but the driver does not have a 

CDL. ATA suggested that FMCSA 

educate MEs about the differences 

between interstate and intrastate 

drivers, as well as those that are 

required to have a CDL and those that 

do not. 

FMCSA Response 

The NPRM proposed that FMCSA 

would send MEC information to the 

SDLAs only for those CLP/CDL 

applicants/holders who are required to 

be medically qualified to operate in 

interstate commerce. In response to the 

States’ comments, however, the final 

rule has been expanded not just to 

include transmittal of MEC information 

from all examinations performed in 

accordance with the FMCSRs (49 CFR 

391.41–49 CFR 391.49), but also to 

allow (but not require) MEs to transmit 

information about examinations 

performed in accordance with the 

FMCSRs with any applicable State 

variances. See 49 CFR 391.43(g)(5)(i)(B) 

below. 

In general, States receiving MCSAP 

grants are required to adopt and apply 

to intrastate CMV drivers, physical 

qualification standards that are identical 

to or have the same effect as those 

applicable to interstate CMV drivers, (49 

CFR 350.101, 350.105 (definition of 

compatible or compatibility) and 

350.201(a)). A majority of States have 

adopted compatible physical 

qualification standards, and a 

certification that a driver has met those 

standards would be valid for both 

interstate and intrastate operations. But 

a minority of States, as permitted by the 

regulations governing MCSAP grants in 

49 CFR 350.341(h)(1) and (2), have 

variances from the interstate standards 

that are only valid for drivers operating 

in intrastate commerce. 

Moreover, States that have adopted 

such variances for intrastate drivers 

have the option of setting up their own 

registry of MEs qualified to apply those 

standards or to use MEs listed on the 

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22798 Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Rules and Regulations 

National Registry who have knowledge 

of such variances. See 49 CFR 

350.341(h)(3) and the explanation in the 

National Registry final rule at 77 FR at 

24109–24110 and 24120. To the extent 

States with variances from the physical 

qualification standards choose to 

require examinations of intrastate 

drivers to be conducted by MEs on the 

National Registry, FMCSA is modifying 

the provisions of proposed 49 CFR 

391.43(g)(5)(i)(B) to allow information 

about such examinations to be reported 

to the National Registry for transmission 

to the appropriate SDLA. 

The FMCSA cannot take any 

responsibility for determining whether 

the MEC information for a driver who 

declares that he or she will operate a 

CMV only in intrastate commerce meets 

State medical qualification 

requirements. For this reason, FMCSA is 

modifying all of the medical forms to 

make it clear whether an ME is 

examining and issuing an MEC to a 

driver under the interstate physical 

qualification standards applicable to all 

interstate and most intrastate drivers, or 

under a set of standards that also 

includes applicable State variances from 

the interstate physical qualification 

standards. Ultimately, after the 

certification information for CLP/CDL 

holders has been transmitted to the 

SDLAs, it will be the responsibility of 

those States with variances to determine 

through their own procedures whether 

the State variances have been properly 

applied for drivers who have selfcertified in accordance with 49 CFR 

383.71(b)(1) that they are operating 

intrastate-only and are subject to the 

State standards. 

As discussed in a previous response, 

MEs will be receiving training and 

outreach regarding non-CLP/CDL 

holders who will need a paper copy of 

the MEC, Form MCSA–5876. In regard 

to MEs having to make a decision on 

who is excepted from the MEC 

requirements, FMCSA does not believe 

this decision needs to be made by the 

ME. Anyone taking a physical 

examination will be assumed to be nonexcepted and in need of an MEC. CMV 

drivers excepted from the physical 

qualification requirements will not need 

to obtain an MEC. 

7. Transfer of Medical Variance 

Information 

FMCSA proposed to electronically 

transmit medical variance information 

for all interstate CMV drivers to the 

SDLAs. 

Commenters were concerned about 

the transmission of medical variance 

information for all CMV drivers. The 

Colorado Department of Revenue/CDL 

Unit and AAMVA requested that 

FMCSA clarify how the SDLAs will 

receive this information for non-CDL 

holders and what they would be 

expected to do with the information. 

The Nebraska Department of Motor 

Vehicles stated that specific 

transmission requirements should be 

identified and that currently the 

transmission of medical variance 

information is not always timely. They 

requested that medical variance 

information be transmitted through the 

National Driver Registry and that it be 

done by COB on the day of the exam. 

ATA suggested that FMCSA initiate a 

pilot project to examine whether 

medical variance information can also 

be transferred from paper certificates 

carried by a driver to electronic 

transmission. Oregon’s Driver and 

Motor Vehicle Services questioned how, 

without knowing whether a variance 

might be approved, an ME knows 

whether a patient is physically 

qualified. They suggested instructions 

be provided for how to proceed when 

checking ‘‘qualified . . . only when 

accompanied by.’’ 

FMCSA Response 

Medical variance information for all 

CLP/CDL holders will be electronically 

transmitted from the National Registry 

to the SDLAs. FMCSA will input 

approved exemption information and 

approved SPE certificates. This 

information will then be promptly 

transmitted to the appropriate SDLA. 

Because the status of a variance may or 

may not be known at the time of the 

medical examination, we cannot 

provide a specific timeframe in which 

the variance information will be 

transmitted to the SLDA. Non-CLP/CDL 

applicants/holders variance information 

will continue to be electronically 

transmitted through encrypted email to 

the SDLAs. The SDLAs will use medical 

variance information of non-CLP/CDL 

applicants/holders for verifying the 

validity of medical variance documents 

provided by drivers and for 

informational purposes. 

For those CMV drivers who are 

applying for an exemption or SPE for 

the first time, the medical examination 

results will be held in the National 

Registry system until the variance is 

approved. At that time, the medical 

examination results and variance 

information will be promptly 

transmitted to the appropriate SDLA. 

Grandfathered exemption information 

will be inputted into the National 

Registry and promptly transmitted to 

the appropriate SDLA. However, 

FMCSA and the SDLAs will also be able 

to query the system to retrieve 

grandfathered exemption information. 

All CMV drivers are required to carry 

any relevant medical variance 

documents. 

When MEs select the ‘‘qualified . . . 

only when accompanied by . . .’’ 

option on the CMV Driver Medical 

Examination Results Form, MCSA– 

5850; MER Form, MCSA–5875; and/or 

the MEC, Form MCSA–5876, they are 

certifying that the driver is physically 

qualified with the specified waiver/

exemption or SPE. It is up to the driver 

to obtain the waiver/exemption or SPE. 

In this case, the MEC is not valid unless 

accompanied by the waiver/exemption 

or SPE. 

8. Voiding the MEC 

OOIDA pointed out that the NPRM 

did not elaborate on or provide 

regulatory language for the process of 

voiding an MEC and questioned the lack 

of detail for the procedures that FMCSA 

would use to void an MEC. OOIDA 

recommended that in order to protect 

drivers from having their MEC 

incorrectly voided and careers harmed, 

no final rule should be issued until such 

a procedure is proposed, the public is 

given an opportunity to comment, and 

provisions are written into the final 

rule. Schneider National, Inc. 

commented that FMCSA proposed a 

new requirement that the State must 

also update the medical status to ‘‘not 

certified’’ when the medical 

certification is voided by FMCSA. 

Schneider National, Inc. requested that 

this requirement be changed to require 

the State to post on the CDLIS driver 

record a status of ‘‘invalid’’ rather than 

‘‘not certified’’ in the cases of an 

invalidated MEC. Schneider National, 

Inc. also requested more detail on the 

procedures that FMCSA would follow. 

FMCSA Response 

As explained in both the National 

Registry final rule (77 FR at 24108) and 

in the NPRM in this rulemaking (78 FR 

at 27348), under the authority granted 

by 49 U.S.C. 31149(c)(2), FMCSA may 

void an MEC issued to a CMV driver if 

it finds either that an ME has issued a 

certificate to a driver ‘‘who fails to meet 

the applicable standards at the time of 

the examination’’ or ‘‘that a ME has 

falsely claimed to have completed 

training in physical and medical 

examination standards.’’ FMCSA has 

implemented this authority on a caseby-case basis as appropriate to the 

circumstances. The Agency has 

developed internal processes for 

evaluating the validity of certificates in 

the wide variety of possible situations 

where such review appears to be 

appropriate under the statutory 

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standard. This will include review of 

the data submitted by MEs to the 

National Registry system, as well as 

complaints, field investigations, crash 

reports and other sources. FMCSA will 

provide the affected driver a notice of 

the proposed action and an opportunity 

either to obtain a new MEC, if 

appropriate, or to provide the Agency 

with any legal or factual reasons why a 

new medical certificate should not be 

required before voiding the MEC. If the 

decision is made to void the driver’s 

certificate, FMCSA will notify the 

driver. If the driver holds a CLP/CDL, 

notification will be electronically 

transmitted by FMCSA to the driver’s 

SDLA through the National Registry, 

and the SDLA will change the CLP/CDL 

holder’s medical status to ‘‘not 

certified’’ within 10 days and notify the 

driver of the action taken. 

C. Use of Revised MER Form and MEC 

FMCSA proposed to require certified 

ME performing physical examinations 

of CMV drivers to use a newly 

developed MER Form, MCSA–5875, in 

place of the current MER Form and to 

use Form MCSA–5876 for the MEC. 

Both forms will be prescribed for 

mandatory use. 

While many commenters supported 

the changes to the MER Form, MCSA– 

5875, many also raised a number of 

different issues related to this form. 

Each of those issues is discussed below. 

The only comments received regarding 

the revised and prescribed MEC, Form 

MCSA–5876, were suggestions to add a 

CLP indication and to remove the 

intrastate-only selection. Both issues are 

discussed below. 

Collection of Driver Health Information 

OOIDA stated that NPRM did not 

attempt either to make a connection 

between the new questions and the 

driver medical qualification 

requirements or to otherwise justify 

their adoption into the medical 

certification form. They stated that 

FMCSA does not have the authority to 

make such changes to the MER without 

describing its authority to do so, and 

without dealing with the privacy 

implications of the proposal. 

Several other commenters raised 

questions about the need and relevance 

of some of the information about the 

drivers’ health history requested on the 

revised MER. ATA expressed its 

concern about removing the instructions 

from the MER Form, MCSA–5875 

without replacing them with 

documentation to distinguish between 

guidance and regulation and that 

removing the reference to guidance 

undermines the distinction between the 

two. 

Many other commenters made 

recommendations for modifying the 

MER Form, MCSA–5875. For example, 

AAMVA and others suggested we 

include a CLP box in addition to the 

CDL box on the MER Form, MCSA–5875 

for clarification purposes and to avoid 

the possibility of a driver applying for 

a CLP not checking the CDL box and 

their MEC information not being 

forwarded to the SDLA. The Delaware 

Division of Motor Vehicles and others 

suggested that we remove the intrastateonly option, contending that all MEC 

information should be submitted to the 

National Registry and sent to the 

SDLAs. 

FMCSA Response 

FMCSA believes its statutory 

authority for this rulemaking, as 

provided in the legal basis section, is 

clear. The Agency has ample legal 

authority to adopt recordkeeping 

requirements needed to implement the 

proposed rule, and it may adopt these 

ancillary provisions as part of the same 

rulemaking. The Agency does not 

believe it is necessary to articulate the 

separate statutory authority for each 

specific change to the form. 

FMCSA notes that proposed changes 

to IC burdens are covered through its 

actions to comply with the Paperwork 

Reduction Act. To the extent that the 

proposed changes would affect the 

estimated paperwork burden, the 

Agency discusses those matters and 

seeks public comment on the burden 

and associated costs of the 

recordkeeping requirement. 

With regard to privacy of medical 

information, FMCSA does not collect 

details of drivers’ medical history. This 

information is collected to facilitate the 

completion of a thorough examination 

by the ME and an appropriate 

assessment whether the driver meets the 

physical qualifications standards. The 

MEs are responsible for maintaining the 

MER, but they are not required to 

submit those reports to FMCSA absent 

a request from the Agency or its State 

partners in association with an 

investigation or audit. FMCSA 

emphasizes that the driver health 

history questions, including those that 

have been added, are specifically linked 

to the physical qualification standards 

set out in 49 CFR 391.41(b). 

The section for the driver’s signature 

has been revised to read as follows in 

order to emphasize the importance of 

providing complete and accurate 

responses: 

I certify that the above information is 

accurate and complete. I understand that 

inaccurate, false or missing information may 

invalidate the examination and my Medical 

Examiner’s Certificate, that submission of 

fraudulent or intentionally false information 

is a violation of 49 CFR 390.35, and that 

submission of fraudulent or intentionally 

false information may subject me to civil or 

criminal penalties under 49 CFR 390.37 and 

49 CFR 386 Appendices A and B. 

The Agency proposed to remove the 

Instructions for Performing and 

Recording Physical Examinations from 

49 CFR 391.43(f), because FMCSA 

recognizes that MEs, who have been 

licensed, certified, or registered in 

accordance with applicable State laws 

and regulations to perform physical 

examinations thereby possess the 

knowledge, skills, and abilities to 

perform physical examinations, and do 

not need general instructions in 

performing and recording physical 

examinations. The Agency proposed to 

publish new versions of the instructions 

in FMCSA guidance documents. To 

eliminate redundant or unnecessary 

requirements, the instructions have 

been removed from 49 CFR 391.43(f). 

The Agency also proposed to remove 

the information about the driver’s role, 

a listing of physical qualification 

standards for drivers, detailed 

instructions to the medical examiner, 

and the medical advisory criteria from 

the newly developed MER Form, 

MCSA–5875, and to publish them in 

FMCSA guidance documents. Because 

the majority is information that 

healthcare practitioners must be 

knowledgeable of in order to be 

licensed, registered or certified by their 

States to perform physical 

examinations, this material has been 

removed from the newly developed 

MER Form, MCSA–5875. The Agency 

recognizes that MEs frequently refer to 

the guidance in the medical advisory 

criteria when determining if a driver 

meets the physical qualification 

standards, however, is therefore 

publishing the medical advisory criteria 

without substantive change as an 

appendix to 49 CFR part 391, instead of 

in the MER Form, MCSA–5875. In 

addition, brief instructions for 

completing the MER Form, MCSA– 

5875, are included as part of the revised 

form. 

For clarification purposes, an entry 

for CLP has been added with the entry 

for CDL on the CMV Driver Medical 

Examination Results Form, MCSA– 

5850; MER Form, MCSA–5875; and the 

MEC, Form MCSA–5876 has been 

changed from a box that reads ‘‘CDL, 

YES or NO’’ to a box that reads ‘‘CLP/ 

CDL Applicant/Holder, YES or NO.’’ 

These changes should cover all 

possibilities for a person who is 

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3Available at http://www.regulations.gov/#

!documentDetail;D=FMCSA-2012-0178-0039. 

4Set out as a note to 5 U.S.C. 552a, the Privacy 

Act, 5 U.S.C. 552a. 

5 49 U.S.C. 31136(a)(3) and (4). 

6http://www.regulations.gov/#!documentDetail;

D=FMCSA-2012-0178-0075 

applying for, or is a holder of, a CLP or 

CDL, and should eliminate the 

possibility that a driver who is applying 

for a CLP overlooks checking the CDL 

box, which could result in MEC 

information not being forwarded to the 

SDLA. 

The intrastate-only option on the 

CMV Driver Medical Examination 

Results Form, MCSA–5850; MER Form, 

MCSA–5875; and the MEC, Form 

MCSA–5876 has been removed and 

replaced with two certification options 

(1) driver certified in accordance with 

the FMCSRs (49 CFR 391.41–391.49) 

and (2) driver certified in accordance 

with the FMCSRs with any applicable 

State variances (which will only be 

valid for intrastate operations). This has 

been done in order to implement the 

Agency’s decision explained above to 

facilitate the transmission of driver 

information for both interstate and 

intrastate operations, while clearly 

differentiating on the relevant 

documentation which standards 

(interstate or intrastate) are involved. 

1. Privacy Act Compliance and Privacy 

Impact Assessment (PIA) 

OOIDA stated in its comments that 

the PIA was not published until July 

2013 and contains no greater discussion 

concerning the content of the revised 

MER form than does the NPRM. OOIDA 

commented that the proposed 

expansion of the information about a 

driver’s personal health history 

requested and recorded on a new MER 

greatly increases the opportunity for 

such personal information to be 

distributed and used by those without 

an interest in safety and for purposes 

other than driver safety. OOIDA stated 

that the NPRM described the Privacy 

Act requirements as not applicable to 

the MER because the proposed rule does 

not require the government’s collection 

of personally identifiable information 

(PII). OOIDA explained that this is not 

exactly true because this rule greatly 

expands the amount of information that 

the government collects or otherwise 

has access to under existing rules, and 

that by changing the universe of MER 

information used by other rules, any 

privacy analysis performed when those 

rules were promulgated would be outof-date under the proposed rule. OOIDA 

stated that FMCSA must now examine, 

under the Privacy Act, each of its rules 

that permit or require the government to 

obtain and review the new MERs. It 

asked if the answers to these questions 

will be stored and have some impact on 

the driver in the future. 

FMCSA Response 

There has been and will be adequate 

opportunity for public awareness of, 

and in some respects for public 

comment on, the privacy interests 

affected by this final rule. The Agency, 

in conjunction with the Department’s 

Chief Information Office, has prepared 

and made available a PIA.3 The PIA is 

prepared in accordance with Section 

522(a)(5) of the Fiscal Year 2005 

Omnibus Appropriations Act, Pub. L. 

108–447, 118 Stat. 3268 (Dec. 8, 2004).4

The PIA provides a detailed explanation 

of the privacy interests involved in the 

entire National Registry program. It sets 

out the careful and thorough steps 

FMCSA and the Department have taken 

and will take to protect those interests, 

while at the same time carrying out the 

statutory directives to ensure that CMV 

drivers are physically qualified and can 

operate safely and that operation of a 

CMV does not have a deleterious effect 

on their health.5

However, because of the unexpected 

delays in making the PIA available in 

the rulemaking docket in support of the 

NPRM, FMCSA published a Notice of 

Availability advising interested 

members of the public that there was an 

additional, limited opportunity for 

comment on the privacy issues involved 

in the proposed rules until June 11, 

2014. 79 FR 30062 (May 27, 2014).6

The Agency provided this 

opportunity to comment on the possible 

impact of the rules proposed in the 

NPRM on the protection of privacy of 

information used in determining the 

physical qualifications of CMV drivers, 

in light of the evaluation by the Agency 

and the Department of the protection of 

privacy of information set out in the 

PIA. In response to the May 27, 2014, 

Notice of Availability, FMCSA received 

two comments. One comment was from 

a driver stating that the National 

Registry was making his job more 

difficult. The other comment was from 

a medical office commenting on the 

submission requirements and suggesting 

edits to the MER Form, MCSA–5875. 

Both comments received were 

considered to be outside the scope of 

the PIA because neither comment 

addressed the protection of privacy of 

information collected. They were 

nevertheless considered as late-filed 

comments to the NPRM, consistent with 

the Agency’s policy to consider, to the 

extent practicable, comments received 

after the close of a routine comment 

period under 5 U.S.C. 553(c). 

2. Paperwork Reduction Act 

Compliance 

ATA suggested that FMCSA publish 

an IC request to examine the 

appropriateness of the amendments and 

investigate other potential additions or 

subtractions to the MER Form, MCSA– 

5875. 

FMCSA Response 

As required by the Paperwork 

Reduction Act of 1995 (PRA) (44 U.S.C. 

3507(d)), FMCSA submitted the 

information collection requirements 

associated with the proposed rule, 

including the newly developed MER 

Form, MCSA–5875, to OMB for its 

review. The final rule has a decrease in 

annual paperwork burden hours 

(401,904 hours) as detailed in OMB 

control number 2126–0011 Commercial 

Driver Licensing and Test Standards 

and 2126–0006 Medical Qualification 

Requirements Supporting Statements in 

the docket. FMCSA analyzed this rule 

and determined that its implementation 

will decrease the currently approved IC 

burden hours covered by both of these 

control numbers. A detailed analysis of 

each IC activity can be found in the 

Supporting Statements attachments, 

which are in the public docket for this 

rulemaking. The Agency believes that 

the burden has not increased from what 

is currently being collected on the MER 

Form, MCSA–5875 and is not a new 

collection of information but is 

replacing the current MER being used 

by MEs. Much of the same information 

is being collected, just in a different 

format. 

3. Cost Impacts of Revised Form 

Southern Company stated that 

increasing reporting requirements on 

the MER Form, MCSA 5875, will have 

costly impacts and that form changes 

need to be evaluated in conjunction 

with the registration and certification of 

MEs on the National Registry and 

pending medical examination guideline 

changes for MEs. They indicated that 

together these rules will prove very 

costly, confusing, and disruptive to their 

company, the energy industry and the 

trucking industry. They stated that the 

expanded set of questions on medical 

history will increase direct and indirect 

costs of the exam because the driver will 

need 30–45 more minutes to complete 

the medical history and the ME will 

have to discuss the answers with the 

driver, increasing the total time for the 

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office visit. They stated that this 

warrants more time to analyze the 

economic impact since this would 

potentially increase the trucking 

industry’s costs significantly as well and 

negatively impact the nation’s economy. 

They suggested that this regulatory 

action should be combined with the 

related rule changes as mentioned above 

and proposed for comments. 

FMCSA Response 

The newly developed MER Form, 

MCSA–5875, contains much of the same 

information being collected on the 

current MER, but in a different format, 

and thus is not considered a new 

collection of information. Therefore, the 

burden has not increased from what is 

currently being collected on the MER. In 

addition, all questions on the MER 

Form, MCSA–5875, can be specifically 

linked to provisions of 49 CFR 391.41, 

physical qualifications for drivers, or to 

ensuring that there is no negative or 

deleterious effect on the driver’s health 

making it more difficult to drive a CMV 

safely. FMCSA does not consider the 

questions on the revised MER Form, 

MCSA–5875, to be long or onerous for 

the driver to complete. The time spent 

to fill out the form or to complete the 

exam will not increase to the extent that 

the commenter suggests. 

D. Compliance Date for States 

FMCSA proposed that beginning 3 

years after the effective date of the final 

rule, FMCSA would electronically 

transmit all of the information on the 

MEC from the National Registry system 

to the SDLAs for CLP/CDL applicants/ 

holders only. FMCSA proposed this 

date based on its estimate of when all 

States will have the information 

technology systems in place to receive 

the information from the National 

Registry. 

Several commenters were concerned 

that three years is not enough time for 

the States to come into compliance. 

Oregon’s Driver and Motor Vehicle 

Services (Oregon) stated that three years 

is not enough time for implementation 

because the mechanism for sending the 

information to the States has not yet 

been determined. Oregon commented 

that if FMCSA decides to use CDLIS, 

development of the system requirements 

will take at least a year, leaving two 

years or less for the States to do the 

work needed to comply. The State 

questioned why FMCSA would choose 

to build in guaranteed noncompliance 

by most, if not all by requiring the States 

to come into compliance within 3 years. 

They suggested that FMCSA delay the 

final rule until the technical details 

have been coordinated. 

California’s Department of Motor 

Vehicles (California) agreed that three 

years is not enough time to complete all 

necessary program changes. California 

pointed out that many States are not 

able to implement rules within three 

years of being published as final, due in 

part to receiving technical specifications 

18–24 months after the effective date, 

leaving the States a year or less to 

perform system analysis and 

programming. They also pointed out 

that competing resources with existing 

State-mandated projects and laws is an 

issue for them. They suggested that 

FMCSA delay implementation for five 

years. 

Delaware’s Division of Motor Vehicles 

(Delaware) stated that shortening the 

proposed date would be problematic. 

Delaware explained that the State has to 

propose and pass legislation, fund 

programming, conduct examiner 

training, complete structured testing, 

etc., all while maintaining regular 

operations. The State indicated that 

changes are prioritized and must have 

established timelines. They stated that 

shortening the deadline will hinder an 

SDLA’s ability to properly manage its 

priorities. They recommended FMCSA 

retain a hard date for implementation. 

Schneider National, Inc. (Schneider) 

stated that without a consistent 

implementation date for all parties, the 

driver will be unsure as to whether the 

ME will submit the information on the 

MEC to the SDLA. If changes have not 

been implemented, drivers must 

continue to use a paper copy of the MEC 

to ensure they remain in compliance. 

Schneider pointed out that there is no 

language to hold the ME accountable to 

tell drivers if the information would be 

communicated electronically or if the 

driver needs to deliver a paper copy to 

the SDLA. 

On the other hand, Advocates 

recommended that the Agency set an 

earlier date for compliance. They stated 

that one year should be sufficient but 

certainly no more than 18 months. 

New York’s Department of Motor 

Vehicles (New York) stated that another 

potential cost may be SDLA upgrades to 

connect to the National Registry 

database; however the Agency is unable 

to estimate and quantify at this time. 

New York asked if States would be able 

to apply for a CDLPI grant. Several 

commenters questioned the date 

beginning on July 8, 2014, if the driver 

has a CLP and has certified that he or 

she expects to operate in interstate 

commerce that the driver has a valid 

MEC and any required medical 

variances. They believe this date should 

be July 8, 2015, based on the extension 

granted for the Commercial Driver’s 

License Testing and Commercial 

Learner’s Permit Standards. 

FMCSA Response 

While several commenters voiced 

concern that three years is not enough 

time for States to come into compliance 

with these new requirements because 

the mechanism for sending the medical 

certification information to the States 

has yet to be determined, the Agency 

believes it is sufficient time because the 

decision has now been made that CDLIS 

will be the mechanism for sending the 

medical certification information from 

the National Registry to the SDLAs. 

California’s Department of Motor 

Vehicles and several other commenters 

based their concern in part on the past 

history of receiving technical 

specifications 18–24 months after the 

effective date of the final rule, leaving 

the States a year or less to perform 

system analysis and programming. 

FMCSA is working to get these technical 

specifications to the States sooner than 

in the past. Therefore, FMCSA has 

decided to keep the State compliance 

date at three years from the effective 

date of the final rule, as proposed in the 

NPRM. Some commenters 

misunderstood the Agency’s intent 

regarding the compliance date and 

thought that we were considering 

different dates for each State based on 

when they would have the information 

technology systems in place to receive 

the information from the National 

Registry. The Agency was simply 

pointing out that if all the States were 

ready earlier than three years from the 

effective date of the final rule that we 

would consider shortening the 

compliance date. The State compliance 

date will be unified as suggested by 

Schneider and will be three years from 

the effective date of the final rule. 

E. Coercion 

No comments were received 

suggesting that the proposed rule would 

result in any operator of a CMV being 

coerced to violate any of the safety 

regulations issued pursuant to 49 U.S.C. 

31136. The rule is intended to enhance 

compliance with the physical 

qualification requirements applicable to 

all CMV drivers. As noted in the NPRM, 

by providing MEC information and 

medical variance information directly to 

the SDLAs, FMCSA will reduce to the 

greatest extent possible the coercion of 

drivers to operate with invalid or 

improper medical certificate. 

F. Issues Outside of the Scope of This 

Rulemaking 

A number of respondents submitted 

comments on topics that were either 

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22802 Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Rules and Regulations 

outside the scope of what was proposed 

in the NPRM or were based on a 

misunderstanding of what the Agency 

proposed in this rulemaking. Most of 

these comments relate to the 2008 final 

rule, in Med-Cert and the 2012 final 

rule, in National Registry. Many 

comments raised issues that either were 

actually raised (and previously 

addressed) or should have been raised 

during the proceedings that resulted in 

the two previous final rules. 

FMCSA Response 

One comment outside the scope of 

what was proposed in the NPRM 

concerned the lost time and money 

associated with MEs being required to 

go through training and be tested to be 

listed on the National Registry. The 

training and testing that is required is 

part of the National Registry of Certified 

Medical Examiners final rule that was 

published on April 20, 2012. Full 

compliance with the National Registry 

final rule took effect on May 21, 2014. 

Therefore, all CMV drivers (both CDL 

and non-CDL) are now required to 

obtain an examination and MEC from an 

ME listed on the National Registry. 

1. Fraud and How the SDLA Will Be 

Notified 

The Colorado Department of Revenue/ 

CDL Unit questioned whether FMCSA 

expects the SDLA to take a false 

statement disqualification action, 

assuredly as contained in 49 CFR 

383.73(j), when FMCSA determines that 

an individual has falsified potentially 

disqualifying medical information. They 

also questioned how FMCSA would 

notify the SDLA of possible fraud and 

how much information will be disclosed 

to the SDLA to allow them to take the 

false statement disqualification. 

FMCSA Response 

Although this is not a matter within 

the scope of this rulemaking, it is an 

important point that needs explanation. 

As explained in the 2008 final rule and 

subsequent technical amendments in 

Med-Cert, the provisions of 49 CFR 

383.73(j) regarding penalties for false 

information submitted by CLP/CDL 

applicants/holders require SDLAs—not 

FMCSA—to take the actions specified in 

section 383.73(j) when the State 

determines that an applicant has 

falsified medical information. If FMCSA 

review of MEC information finds a CLP/ 

CDL holder has falsified information in 

the course of obtaining the MEC, 

FMCSA may void the MEC and will 

then notify the SDLA. The SDLA should 

then notify the CLP/CDL holder of the 

‘‘not certified’ status and begin the 

process for the downgrading of the CLP/ 

CDL as set out in 49 CFR 383.73(o)(4)(i). 

The SDLA can also take any of the 

actions set out in section 383.73(j). 

2. Safety Benefits 

One driver stated that there are no 

proven safety benefits to submitting 

private medical information to the 

Federal government and for making the 

medical doctors go through training on 

driver fitness and join another federally 

run program so they can be on the 

approved list. 

FMCSA Response 

FMCSA is required by statute to 

establish and maintain the National 

Registry, and it did so in the final rule 

published in 2012. 49 U.S.C. 31136(a)(3) 

and 31149. The benefits of that program 

were thoroughly discussed and 

explained in that final rule. Further 

consideration of them in this proceeding 

is not warranted. The Agency is not 

requiring the submission of private 

medical information, only the MEC, 

which serves as proof the driver meets 

the physical qualifications standards. 

Drivers have long been required to 

present the MEC during roadside 

inspections, and employers have long 

been required to maintain a copy of the 

MEC in DQ files. The private medical 

information is contained on the MER 

which continues to be maintained by 

the healthcare professional. While 

FMCSA and employers may request 

access to the MER, the Agency does not 

intend to request the document except 

as part of an investigation or audit. 

3. MERs 

ATA suggested that after a medical 

examiner uploads medical qualification 

information for a driver holding a 

medically downgraded CDL, FMCSA 

should require SDLAs to automatically 

return that driver’s license to interstate 

status. ATA stated that they hope that 

any forthcoming employer notification 

system FMCSA might develop will 

account for this process by eliminating 

needless paperwork for carriers 

maintaining DQ files that must be 

renewed upon a medical certificate’s 

expiration. They suggested that the 

Agency examine ways to incorporate 

medical status monitoring into any 

forthcoming employer notification 

system authorized under section 32303 

of MAP–21 instead of forcing a carrier 

to request additional reports every time 

the date on a driver’s medical 

qualification changes. 

Schneider National, Inc. 

recommended that the language be 

changed to allow the motor carrier to 

continue to require drivers to provide a 

copy of their MEC and Form MCSA– 

5876. They stated that they have a third 

party vendor that ensures the drivers are 

disclosing all their known medical 

conditions and they also compare the 

prior physical (if available) to the new 

physical to identify any errors or issues. 

They pointed out that 15–20% of driver 

physicals require them to send the 

driver back to the clinic, either due to 

the driver failing to disclose all relevant 

medical information on the form or 

because of a clinic error. 

FMCSA Response 

This rule will not require MEs to 

inform drivers’ employers and provide 

the motor carrier a copy of a driver’s 

MER Form, MCSA–5875, when a driver 

completes a medical examination. For 

MEs to provide the motor carrier 

employer with a copy of the MER Form, 

MCSA–5875, there will need to be an 

agreement between the driver and 

employer, often as a condition of 

employment. 

Under § 391.43(g)(2), if the ME finds 

that the person examined is physically 

qualified to operate a CMV 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. Under 

§ 391.43(i), each original (paper or 

electronic) completed MER Form, 

MCSA–5875 and a copy or electronic 

version of each MEC, Form MCSA–5876 

must be retained on file at the office of 

the ME for at least 3 years from the date 

of examination. The ME must make all 

records and information in these files 

available to an authorized representative 

of FMCSA or an authorized Federal, 

State, or local enforcement agency 

representative, within 48 hours after the 

request is made. 

When the SDLA receives notification 

of medical qualification information for 

a driver with a CDL downgraded for 

medical qualification reasons, the 

driver’s medical status should be 

updated to ‘‘certified’’ and the CDL 

status updated to ‘‘licensed.’’ An SDLA 

may have additional requirements. 

VII. Section-by-Section Explanation of 

Changes 

This section includes a summary of 

the regulatory changes made in 49 CFR 

parts, 383, 384 and 391 organized by 

section number. 

A. Changes to Part 383 

Part 383 contains the requirements for 

CLP/CDLs. With certain exceptions, the 

rules in this part apply to every person 

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required to possess a CLP/CDL to 

operate a CMV in commerce, to all 

employers of such persons, and to all 

States. 

Section 383.71(h). FMCSA changes 

the requirement of a CDL/CLP 

applicant/holder from providing the 

State with an original or copy of their 

MEC (previous edition) to FMCSA 

providing the State with the electronic 

MEC information beginning three years 

after the effective date of this final rule. 

Section 383.73(a)–(b). Three years 

after the effective date of the final rule, 

FMCSA will change the requirement 

that the State must post the MEC 

(previous edition) received from the 

CLP/CDL applicant or holder to the 

CDLIS driver record to the State posting 

the electronic MEC information received 

from FMCSA. 

Section 383.73(o). Three years after 

the effective date of the final rule, 

FMCSA will change the requirement 

that the State post the original or copy 

of the MEC (previous edition) 

information to the CDLIS driver record 

within 10 calendar days after receipt to 

a requirement that the State post the 

electronic MEC, Form MCSA–5876, 

information to the CDLIS driver record 

within 1 business day after receiving the 

electronic information from FMCSA. 

The final rule also adds a requirement 

that, when the SDLA receives 

information that a driver’s MEC has 

been invalidated because the driver has 

been found to be not physically 

qualified in a subsequent examination 

by an ME on the National Registry, the 

SDLA must change the driver’s status on 

the CDLIS record to ‘‘not certified’’ and 

begin the process for downgrading the 

CLP/CDL. FMCSA also changes the 

requirement that the State retain an 

original or copy of the MEC (previous 

edition) for 3 years to a requirement that 

it retain an electronic record of the MEC 

information, Form MCSA–5876, for 3 

years. 

Paragraph (o) also requires the States 

to post the medical variance information 

provided by FMCSA, including the 

dates of issuance and expiration, along 

with the MEC, Form MCSA–5876, 

information. This variance information 

posting requirement was previously 

incorporated by reference in § 384.107 

of this chapter from AAMVA’s 

‘‘Commercial Driver’s License 

Information System State Procedures 

Manual,’’ Release 5.3.2.1, August 2013. 

This requirement will be effective 

immediately because States are already 

required to post this information. 

FMCSA also reduces the time the State 

has to post the medical variance 

information received from FMCSA to 

the CDLIS driver record from within 10 

calendar days to 1 business day from the 

date of receipt because the information 

will be sent and posted electronically. 

FMCSA also added a new requirement 

that the State must update the medical 

status to ‘‘not certified’ when the 

medical certification is voided by 

FMCSA. 

B. Changes to Part 384 

Part 384 contains the requirements 

that the States comply with the 

provisions of section 49 U.S.C. 31311(a). 

Part 384 includes the minimum 

standards for the actions States must 

take to be in substantial compliance 

with each of the 25 requirements of 49 

U.S.C. 31311(a), establishes procedures 

for FMCSA determinations of State 

compliance, and specifies the 

consequences of State noncompliance. 

Section 384.234. FMCSA added an 

administrative amendment to this 

section to include driver medical 

certification recordkeeping 

requirements for CLP applicants in Part 

383. 

Section 384.301. FMCSA amended 

this section by adding a new paragraph 

(i). FMCSA has always given the States 

3 years after the effective date of any 

new rule to come into substantial 

compliance with new CDL 

requirements. This allows the States 

time to pass any necessary legislation 

and to modify State systems to comply 

with the new requirements, including 

CDLIS. New paragraph (i) would specify 

the 3 year compliance date for States. 

C. Changes to Part 391 

Part 391 establishes minimum 

qualifications for persons who drive 

CMVs. The requirements in this part 

also establish minimum duties of motor 

carriers with respect to the 

qualifications of their drivers. 

Section 391.23(m)(2)(i)(A). FMCSA 

made an editorial change to eliminate 

an erroneous reference to 

§ 383.71(a)(1)(ii) and to add a reference 

to 383.71(b)(1)(ii), which describes the 

four types of self-certifications. 

Section 391.23(m)(2)(i)(B). Three 

years after the effective date of the final 

rule FMCSA will eliminate the 

requirement for the motor carrier to 

verify and document in the DQ file that 

a CDL holder was certified by an ME 

listed on the National Registry. 

Employers will no longer need to verify 

the examination and ME listing, because 

that information will be sent to the 

SDLAs through CDLIS from the National 

Registry. Motor carriers will still be 

required to meet this requirement for 

non-CDL holders. 

Section 391.41(a)(2). Three years after 

the effective date of the final rule, 

FMCSA will eliminate the provision 

requiring drivers required to have a 

CLP/CDL to carry a current MEC 

(previous edition) for 15 days. 

Section 391.43. FMCSA removed the 

Instructions for Performing and 

Recording Physical Examinations 

section in § 391.43(f) to eliminate 

redundant or unnecessary requirements. 

Beginning 3 years after the effective 

date of the final rule, FMCSA will 

eliminate in § 391.43(g)(2) the 

requirement that MEs provide the MEC, 

Form MCSA–5876, to drivers required 

to have a CLP/CDL (and to their 

employers), because the MEC 

information will be promptly and 

accurately transmitted electronically to 

the SDLAs for entry on the CDLIS driver 

record. But the ME must still provide 

the MEC, Form MCSA–5876, to nonCDL drivers and requesting employers, 

as currently required. 

FMCSA inserts two new paragraphs 

in § 391.43(g). The first, paragraph 

(g)(3), requires the ME to inform the 

driver if a determination has been made 

that the driver is not physically 

qualified, and that this information will 

be reported to FMCSA. Upon receiving 

this report, FMCSA will invalidate any 

MECs previously issued to the driver 

that are contained in the Agency’s 

records and will electronically transmit 

this report to the appropriate SDLA. The 

second new paragraph, (g)(4), requires 

the ME to inform the driver if the 

determination of whether the driver is 

physically qualified requires additional 

information or further examination. 

This pending status will remain in effect 

for 45 days, and will be reported to 

FMCSA. If the examination is not 

completed within the 45-day period, the 

examination will be no longer be valid 

and the driver will be required to obtain 

a new examination in order to obtain a 

MEC, Form MCSA–5876. 

In § 391.43(g)(5)(i)(B) (renumbered 

from (g)(3) because of the two new 

paragraphs above), FMCSA requires 

that, beginning 3 years after the effective 

date of the final rule, the ME must 

report results of all commercial drivers’ 

physical examinations to FMCSA by 

completing a CMV Driver Medical 

Examination Results Form, MCSA– 

5850, via the ME’s individual passwordprotected National Registry web account 

by midnight (local time) of the next 

calendar day. MEs are required to report 

the results of all examinations 

conducted in accordance with the 

physical qualification standards in 49 

CFR part 391, subpart E that apply to 

CMV drivers engaged in interstate 

operations. In addition, as a 

convenience to those States that have 

variances from those standards for 

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drivers operating intrastate, the rule 

allows MEs to transmit such 

information to the National Registry, if 

required by the States involved, for 

eventual transmittal to the SDLAs. 

In § 391.43(g)(5)(ii), FMCSA will 

require MEs to report to FMCSA 

whenever the ME does not complete any 

driver medical examinations during the 

preceding 30 days, beginning on the 

effective date of the final rule. 

FMCSA revises § 391.43(h) to require 

MEs to use the MEC, Form MCSA–5876. 

The form has been modified to require 

the ME to indicate whether the driver is 

being certified as qualified in 

accordance with either the standards 

applicable to all interstate drivers or any 

State standards for intrastate drivers that 

have variances from the Federal 

standards in effect. This replaces the 

designation that the driver is either 

interstate or intrastate. Other minor 

editorial edits have been made to the 

form for clarity. The other information 

required to be entered on the certificate 

is unchanged from the information 

required under the current regulation. 

Section 391.45. FMCSA has decided 

that when a driver has been determined 

to not be physically qualified, any 

previous MECs issued to a driver will be 

deemed invalid as explained above 

regarding § 391.43(g)(3). FMCSA has 

added a new paragraph at the end of 

this section that requires a driver to be 

medically examined and certified before 

operating a CMV after previous 

certifications have been invalidated 

because of a driver not being physically 

qualified under the provisions of 

proposed new § 391.43(g)(3). 

Section 391.51. In § 391.51(b)(7), 

FMCSA has eliminated the exception 

that allows the motor carrier to use an 

MEC (previous edition) as proof of 

medical certification for CLP/CDL 

holders in the DQ file, because States 

will be required to record medical 

certification information in driver’s 

record automatically upon receipt from 

FMCSA. 

Appendix to Part 391. FMCSA has 

added medical advisory criteria as an 

Appendix at the end of this section. The 

advisory criteria (which are 

recommendations for use by MEs) are 

reproduced without substantive change 

from the advisory criteria currently 

included in the MER. FMCSA 

recognizes that some of these advisory 

criteria should be updated or revised. 

However, such substantive changes 

should not be made without notice and 

opportunity for public comment. 

FMCSA intends to seek public comment 

on revisions to the advisory criteria as 

promptly as feasible to bring them up to 

current standards. 

D. Compliance Date 

In order to allow sufficient time for 

the SDLAs and FMCSA to develop and 

implement necessary information 

system changes, most of the final rule 

provisions will take effect three years 

after the effective date of the final rule. 

The provisions requiring MEs to notify 

FMCSA if they have not performed any 

driver physical examinations during the 

previous month and the State to update 

the medical status to ‘‘not certified’ 

when the medical certification is voided 

by FMCSA under the authority of 49 

U.S.C. 31149(c)(2) will go into effect on 

the effective date of the final rule. To 

allow sufficient time for the certified 

MEs to make the necessary adjustments 

to their business requirements, the 

provisions requiring MEs to use the new 

MER Form, MCSA–5875 and MEs to use 

the prescribed Form MCSA–5876 for the 

MEC will go into effect six months after 

the effective date of the final rule. 

Beginning June 22, 2018, MEs will be 

required to report the results of all 

commercial drivers’ physical 

examinations to FMCSA by midnight 

(local time) of the next calendar day 

following the examination, by 

completing a CMV Driver Medical 

Examination Results Form, MCSA– 

5850, via their individual passwordprotected National Registry web 

account. For CLP/CDL applicants/ 

holders, FMCSA will electronically 

transmit driver identification, 

examination results, and restriction 

information from the National Registry 

system to the SDLAs, as well as 

information about MECs invalidated 

under new 49 CFR 391.43(g)(3) and 

391.45(d). FMCSA will also 

electronically transmit medical variance 

information for all CMV drivers to the 

SDLAs. SDLAs will be required to post 

the medical variance information 

provided by FMCSA, including the 

dates of issuance and expiration, to the 

CDLIS driver record within 1 business 

day of receipt for CDL/CLP holders. 

VIII. Regulatory Analyses and Notices 

A. E.O. 12866 (Regulatory Planning and 

Review and DOT Regulatory Policies 

and Procedures as Supplemented by 

E.O. 13563) 

FMCSA has determined that this final 

rule is not a significant regulatory action 

within the meaning of Executive Order 

(E.O.) 12866, as supplemented by E.O. 

13563 (76 FR 3821, January 21, 2011), 

and is also not significant within the 

meaning of DOT regulatory policies and 

procedures (DOT Order 2100.5 dated 

May 22, 1980; 44 FR 11034, February 

26, 1979) because it is not expected to 

generate substantial congressional or 

public interest. The impact of the final 

rule is estimated to be $12 million in 

up-front costs and $10.16 million in 

annual savings, so the rule’s impact is 

not expected to exceed the $100 million 

annual threshold for economic 

significance. The purpose of the 

principal requirements established in 

the final rule is to modify the 

requirements adopted in two previous 

rules so that the driver identification, 

examination results, and restriction 

information for CLP/CDL holders is 

electronically transmitted by a certified 

ME listed on the National Registry to the 

FMCSA by midnight (local time) of the 

next calendar day after the examination, 

and then electronically transmitted by 

FMCSA within one business day to the 

SDLA for entry into the appropriate 

driver record. 

1. Summary of Estimated Costs 

FMCSA is not able to quantify the 

benefits of ensuring that CMV drivers 

are medically qualified and of reducing 

the falsification of medical certification 

by drivers. The revised medical forms 

will not take significantly longer to 

complete than the previous versions. 

They contain much of the same 

information being collected on the 

current MER, but in a different format. 

The requirement that CMV driver 

medical examination results be 

transmitted to FMCSA by midnight 

(local time) of the next calendar day 

following the exam is not expected to 

increase the burden on the ME or their 

staff, because the total time required to 

transmit each form does not increase 

based on when the form is completed 

and transmitted. 

FMCSA expects there will be costs for 

the SDLAs to modify their systems to 

accept transmission of MEC and 

variance information from the National 

Registry system. FMCSA and the 

AAMVA, which facilitates the 

maintenance of driver data and 

communication with the SDLAs, also 

need to update their systems and test 

the connections between databases. 

FMCSA estimates the costs of these 

efforts by using estimates that were 

made for previous efforts. The SDLAs 

(51 separate entities) will perform tasks 

similar to (but likely smaller in scope 

than) their efforts to comply with 

FMCSA CDL records requirements. 

Estimates for that included $6,147,000 

for input and inquiry screens, 

$1,564,000 for an expanded database, 

$1,665,000 for systems and user 

acceptance testing, and $590,000 for 

testing their links with AAMVA. This 

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7OMB Control Number 2126–0011 Supporting 

Statement: Commercial Driver Licensing and 

Testing Standards, approved 1/12/2015. 

8 39,160 MEs certified and listed on the National 

Registry as of January 5, 2015. 

totals $9,966,000 for all SDLAs 7. 

Additionally, FMCSA and AAMVA 

must expend funds to connect and test 

the links between their databases—an 

estimated $1,000,000 will be necessary 

in each case. The total expenditures 

needed to create and test the links 

between databases will therefore be 

$11,966,000. 

2. Summary of Estimated Benefits 

Potential quantifiable estimated 

benefits, as detailed in the revised 

Medical Qualification Requirements 

(OMB control number 2126–0006) and 

the Commercial Driver Licensing and 

Test Standards (OMB control number 

2126–0011) Supporting Statements, 

posted in the docket, include: (1) 

Employers of drivers will no longer be 

required to verify the ME’s National 

Registry number for CDL holder 

examinations because only MEs listed 

on the National Registry will be able to 

forward MEC information to the 

National Registry. This will result in 

251,695 fewer annual burden hours 

(from 308,200 hours to 56,505 hours) 

and an annual cost savings of $4.78 

million (from $5,855,800 to $1,073,595); 

(2) ME’s will no longer need to 

handwrite the MEC for CLP/CDL 

applicants/holders because the 

information will be electronically 

transmitted by the ME to the National 

Registry and from the National Registry 

to the SDLAs, resulting in an annual 

time savings of 32,303 hours (from 

77,050 hours to 44,747 hours) and an 

annual cost savings of $2.87 million 

(from $6,857,450 to $3,982,483), while 

decreasing the MEs paperwork and 

administrative burdens; (3) CLP/CDL 

applicants/holders will save time 

because they are no longer required to 

provide their MEC to the SDLAs as 

proof of medical certification. By 

electronically transmitting the MEC 

information and variance information 

(as defined in the SUMMARY section), 

FMCSA is creating a cost savings for 

drivers of $1.05 million (1,940,000 

MECs × $0.54 postage plus one copy to 

SDLAs); (4) SDLAs will save 81,000 

annual burden hours of administrative 

time recording MEC information for not 

having to attend to the driver above, 

resulting in $1.46 million (81,000 

annual burden hours × $18.00 per hour) 

in cost savings. As a result, this final 

rule will generate a maximum $10.16 

million in overall annual cost savings. 

This estimate is the greatest possible 

amount, and includes the assumption 

that all intrastate drivers who can take 

advantage of using MEs on the National 

Registry will. 

The Agency believes that the fraud 

prevention in electronic transmission of 

MEC and medical variance information 

will continue to improve safety on 

public roads. Currently, there is 

potential for fraud, as drivers have the 

opportunity to forge or alter the MEC or 

medical variance information. More 

frequent reporting of CMV driver 

medical examination results to FMCSA 

by the MEs will allow the information 

to be promptly transmitted to the SDLAs 

for posting on the CDLIS driver record 

for CLP/CDL applicants/holders. As a 

result, up-to-date and accurate 

information concerning the medical 

certification status of these drivers will 

be available to State and Federal 

enforcement personnel, SDLAs, 

employers, drivers, and others who rely 

on this information to determine 

whether a driver is in compliance with 

the applicable physical qualification 

standards. 

Lastly, FMCSA believes that use of 

the revised MER Form, MCSA–5875, 

will assist MEs in accurately 

determining whether CMV drivers meet 

the physical qualification standards 

contained in 49 CFR 391.41(b). The 

MER Form, MCSA–5875, has been 

streamlined for efficiency and contains 

evaluation tools that more precisely 

align with the qualification standards 

and the Agency’s advisory criteria, and 

the revised MER Form presents those 

tools using a systematic physical 

examination approach similar to 

standards of clinical practice. When 

combined with the expected 

improvement in ME qualifications and 

performance under the National 

Registry program, the new MER Form 

will help ensure that the physical 

condition of CMV drivers is adequate to 

enable them to safely operate a CMV. 

The National Registry has only recently 

reached its compliance date; therefore, 

FMCSA does not have sufficient data at 

this time to quantify the expected safety 

benefits from adoption of the revised 

MER Form, MCSA–5875. 

B. Regulatory Flexibility Act 

The Regulatory Flexibility Act of 1980 

(5 U.S.C. 601 et seq.) requires Federal 

agencies to consider the effects of the 

regulatory action on small business and 

other small entities and to minimize any 

significant economic impact. The term 

‘‘small entities’’ comprises small 

businesses and not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

Accordingly, DOT policy requires an 

analysis of the impact of all regulations 

on small entities, and mandates that 

agencies strive to lessen any adverse 

effects on these businesses. 

Under the Regulatory Flexibility Act 

(RFA), as amended by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121, 

110 Stat. 857), the final rule is not 

expected to have a significant economic 

impact on a substantial number of small 

entities. Consequently, I certify that the 

proposed action will not have a 

significant economic impact on a 

substantial number of small entities. 

The NPRM for this rule contained a 

detailed Initial Regulatory Flexibility 

Analysis which described the reasons 

for this action and its objective. The 

39,160 8 MEs who are currently certified 

and will be impacted by this rule are 

considered to be small business entities. 

However, the changes to the 

requirements on those MEs are small 

and should not have any negative 

economic impact on them. The changes 

to the required medical forms (CMV 

Driver Medical Examination Results 

Form, MCSA–5850, MER Form, MCSA– 

5875 and the MEC, Form MCSA–5876) 

are not expected to increase the burden 

on any ME, nor is the requirement that 

the CMV driver medical examination 

results be submitted by midnight (local 

time) of the next calendar day following 

the exam. 

C. Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, FMCSA wants to 

assist small entities in understanding 

the effects of this final rule. While the 

Agency believes that the rule will 

adversely affect few, if any, small 

businesses, organizations, or 

governmental jurisdictions, any 

questions concerning its provisions or 

options for compliance should be 

directed to, the FMCSA personnel listed 

in the FOR FURTHER INFORMATION

CONTACT section of the 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 

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employees of FMCSA, call 1–888–REG– 

FAIR (1–888–734–3247). DOT has a 

policy ensuring the rights of small 

entities to regulatory enforcement 

fairness and an explicit policy against 

retaliation for exercising these rights. 

D. Unfunded Mandates Reform Act of 

1995 

This final rule will impose costs that 

do not exceed the threshold nor impose 

an unfunded Federal mandate, as 

defined by the Unfunded Mandates 

Reform Act of 1995 (2 U.S.C. 1532 et 

seq.), that will result in the expenditure 

by State, local, and tribal governments, 

in the aggregate, or by the private sector, 

of $151 million (which is the value of 

$100 million in 2012 after adjusting for 

inflation) or more in any 1 year. 

E. 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 final rule will not 

have substantial direct costs on or for 

States, nor will 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 assessment. 

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

This 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. 

G. 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 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. 

H. E.O. 12630 (Taking of Private 

Property) 

FMCSA reviewed this 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. 

I. Privacy Impact Assessment 

FMCSA conducted a PIA of this rule 

as required by section 522(a)(5) of 

division H of the FY 2005 Omnibus 

Appropriations Act, Public Law 108– 

447, 118 Stat. 3268 (Dec. 8, 2004). The 

assessment considered impacts of the 

final rule on the privacy of information 

in an identifiable form and related 

matters. The final rule would impact the 

handling of PII. FMCSA has evaluated 

the risks and effects the rulemaking 

might have on collecting, storing, and 

sharing PII and has evaluated 

protections and alternative information 

handling processes in developing the 

final rule in order to mitigate potential 

privacy risks. 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 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. FMCSA and the 

Department will be publishing, with 

request for comment, a revised system 

of records notice that will cover the 

collections of information that are 

affected by this final rule and covered 

by the Privacy Act. 

J. 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. 

K. Paperwork Reduction Act 

This final rule contains the following 

new IC requirements. As required by the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3507(d)), FMCSA submitted the 

information requirements associated 

with the proposal to the OMB for its 

review. The Medical Qualification 

Requirements Supporting Statement, 

OMB control number 2126–0006 has 

been revised primarily due to the 

Agency’s promulgation of this final rule. 

However, it has also been revised to 

provide new and updated data to the 

currently approved IC that is not a result 

of this final rule. As a result of this 

update which includes several IC 

program changes such as the inclusion 

of a time burden for the driver to 

complete the health history section of 

the MER, a correction to the calculation 

for the National Registry regarding the 

time for entering and submitting 

MCSA–5850s, and the Agency’s 

decision to grant hearing and seizure 

exemptions, there is an increase from 

the current approved annual paperwork 

burden hours of 503,000 hours 

(2,130,702 hours to 2,633,702). As a 

result of this final rule, the annual 

burden hours will remain the same 

during the first 3 years of 

implementation of the final rule but will 

decrease by 283,998 hours (2,633,702 

hours to 2,349,704 hours) during the 4th 

and subsequent years after the 

compliance date. Therefore, this rule 

has a decrease in annual paperwork 

burden hours of 364,998 hours (81,000 

+ 283,998) as detailed in OMB control 

number 2126–0011 Commercial Driver 

Licensing and Test Standards and 2126– 

0006 Medical Qualification 

Requirements Supporting Statements in 

the docket. 

As discussed in the National Registry 

final rule (77 FR 24104; April 21, 2012), 

MEs have started to electronically 

submit MEC information to the National 

Registry on a monthly basis. The 

Medical Examiner’s Certification 

Integration NPRM proposed that the 

information be submitted by the ME by 

close of business the day the 

examination is conducted, as opposed 

to submitting monthly. The final rule 

slightly relaxes that standard by 

requiring 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 final rule requires FMCSA to 

electronically transmit driver 

identification, examination results, and 

restriction information for CLP/CDL 

applicants/holders, from the National 

Registry system to the SDLAs, providing 

more accurate and timely delivery of 

MEC information to update CDLIS 

driver records and for safety 

enforcement purposes. In addition, the 

final rule requires FMCSA to 

electronically transmit medical variance 

information for all CMV drivers 

electronically to the SDLAs. 

Close tracking and monitoring of 

certification activities and medical 

results are crucial to reducing 

fraudulent efforts of a subset of CDL 

applicants. Some CDL drivers avoid 

following the proper guidelines to 

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become medically qualified, posing 

safety risks to the public. 

While the NPRM proposed to send 

MEC information to the SDLAs only for 

CLP/CDL applicants/holders who are 

required to be medically qualified to 

operate in interstate commerce, the final 

rule has been expanded to include MEC 

information from examinations 

performed in accordance with the 

FMCSRs (49 CFR 391.41- 391.49), as 

well as allowing (but not requiring) to 

include those performed in accordance 

with applicable State standards. The 

National Registry final rule requires 

certified MEs to report to FMCSA the 

results of each medical examination of 

CMV drivers who are required to be 

medically qualified to operate in 

interstate commerce. If intrastate CMV 

drivers are subject to differing but 

compatible State regulations, the 

Agency anticipates that these drivers 

likely will use certified MEs on the 

National Registry for their medical 

qualification examinations. FMCSA 

recognizes that using the entire 

intrastate CMV driver population may 

be a high estimation, but we have used 

this conservatively high burden 

estimation since the Agency doesn’t 

have an exact number, and there is 

nothing to preclude intrastate CMV 

drivers from being examined by a 

certified ME listed on the National 

Registry. 

2126–0006 Medical Qualification 

Requirements 

This IC is currently due to expire on 

July 31, 2015. On December 16, 2014, 

FMCSA published a Federal Register 

notice (79 FR 74804) requesting public 

comment to revisions made to this IC. 

The comment period closed on February 

17, 2015. The publication of this IC as 

part of the Medical Examiner’s 

Certification Integration final rule serves 

as a withdrawal of the notice for 

comment and replaces the previous ICR. 

This revision is primarily due to the 

Agency’s promulgation of this final rule. 

However, as discussed above, this IC is 

also being revised to provide new and 

updated data to the currently approved 

IC and replaces the Federal Register 

notice that was previously published for 

comment. The principal purpose of this 

final rule is to modify the requirements 

adopted in two previous rules so that (1) 

the driver identification, examination 

results, and restriction information for 

CLP/CDL applicants/holders is 

electronically transmitted to the FMCSA 

by midnight (local time) of the next 

calendar day after the examination by a 

certified ME listed on the National 

Registry and (2) this information is then 

electronically transmitted to the SDLA 

for entry into the appropriate driver 

record within one business day of 

receipt from FMCSA. There are no 

additional burden hours and annual 

costs to respondents imposed by this 

final rule. Implementation of this final 

rule will result in time and cost savings 

to employers, however, because they 

will no longer be required to verify the 

ME’s National Registry number for CLP/ 

CDL driver examinations. Only certified 

MEs listed on the National Registry will 

be able to forward driver identification, 

examination results, and restriction 

information to the National Registry. 

MEs will no longer be required to 

complete and furnish a copy of the MEC 

to the driver examined when the driver 

is a CLP/CDL applicant/holder because 

this information will be electronically 

transmitted to the SDLA. The CLP/CDL 

applicants/holders will no longer be 

required to provide the SDLA with their 

MEC as proof of medical certification, 

and the SDLA will no longer be required 

to manually input the driver’s MEC 

information. 

On the effective date of this final rule, 

MEs must notify FMCSA if they have 

not performed any driver physical 

examinations during the previous 

month, and States must update the 

medical status to ‘‘not certified’ when 

the medical certification is voided by 

FMCSA. In addition, six months after 

the effective date of this final rule, MEs 

must use the new MER Form, MCSA– 

5875 and the prescribed Form MCSA– 

5876 for the MEC. 

As discussed above, as a result of an 

update including several IC program 

changes not related to this final rule, 

there is an increase in the annual 

paperwork burden hours from the 

currently approved IC of 503,000 hours 

(2,130,702 hours to 2,633,702) during 

the first 3 years of the final rule after the 

compliance date. The IC activities 

imposed on the MEs, drivers, and motor 

carriers over the first 3 years of 

implementing this final rule will remain 

unchanged. This provides time for those 

States that need to pass legislation and 

for all States to make the necessary 

system upgrades prior to the effective 

date for updating the CDLIS driver’s 

record. The table below shows the 

annual burden hours for the IC activities 

for the first three years. 

ANNUAL BURDEN HOURS FOR FIRST 3 YEARS

IC Activities for MEs, drivers, and motor carriers 

Annual burden 

hours for the 

IC activities in 

first 3 years 

Physical Qualification Standards: Medical Examination Report Form and Medical Examiner’s Certificate ....................................... 2,080,350 

Resolution of Medical Conflict ............................................................................................................................................................. 11 

Diabetes Exemption Program .............................................................................................................................................................. 2,219 

Vision Exemption Program .................................................................................................................................................................. 2,216 

Hearing Exemptions ............................................................................................................................................................................ 49 

Seizure Exemptions ............................................................................................................................................................................. 96 

SPE ...................................................................................................................................................................................................... 2,661 

Medical Examiner Registration ............................................................................................................................................................ 5,000 

Medical Examiner Test Results (upload) ............................................................................................................................................ 1,667 

Reporting CMV Driver Medical Examination Results and filing and providing MEC .......................................................................... 231,150 

Providing Medical Examination Report Copies to FMCSA ................................................................................................................. 83 

Verification of National Registry Number ............................................................................................................................................ 308,200 

Total .............................................................................................................................................................................................. 2,633,702 

Three years after the effective date of 

this final rule the following will be 

required: (1) MEs must increase the 

frequency of submission of CMV driver 

medical examination results via Form, 

MCSA–5850, from once a month to as 

frequent as they conduct exams. They 

are required to submit the results of all 

CMV driver medical examinations 

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9These costs are based on a sample of nine States 

conducted by an FMCSA contractor, representing 

three tiers of size and different regions of the 

country. 

conducted by midnight (local time) of 

the next calendar day following the 

exam; (2) FMCSA must electronically 

transmit driver identification, 

examination results, and restriction 

information from the National Registry 

system to the SDLAs for CLP/CDL 

applicants/holders; (3) FMCSA will 

electronically transmit medical variance 

information for all CMV drivers to the 

SDLAs; and (4) States must post the 

medical variance information provided 

by FMCSA, including the dates of 

issuance and expiration, to the CDLIS 

driver record within 1 business day of 

receipt for CLP/CDL applicants/holders. 

These requirements do not impose any 

additional time or cost burdens on the 

MEs or their staff, drivers, or SDLAs. 

MEs will no longer be required to 

complete and furnish a written copy of 

the MEC to the driver examined when 

the driver is a CLP/CDL holder, because 

this information will be electronically 

transmitted to the SDLA. This provides 

a time savings of 32,303 hours and a 

cost savings of $2,874,967/year. 

Employers will no longer be required to 

verify the ME’s national registry number 

for CLP/CDL applicants/holders 

examinations, because only certified 

MEs listed on the National Registry will 

be able to forward MEC information to 

the National Registry. This provides a 

time savings of 251,695 hours and a cost 

savings of $4,782,205. Therefore, as a 

result of this final rule, the annual 

burden hours during the 4th and 

subsequent years after the compliance 

date of the rule have decreased by 

283,998 hours (2,633,702 hours to 

2,349,704 hours) and the annual costs 

have decreased by $7,657,172 

($163,850,187 to $156,193,015). The 

table below shows the annual burden 

hours for the IC activities for the 4th and 

subsequent years following the effective 

date of this final rule. 

ANNUAL BURDEN HOURS FOR 4TH AND SUBSEQUENT YEARS

IC Activities for MEs, drivers, and motor carriers 

Annual burden 

hours for the 

IC activities in 

4th year and 

subsequent 

years 

FMCSA Physical Qualification Standards: Medical Examination Report Form and Medical Examiner’s Certificate ......................... 2,048,047 

Resolution of Medical Conflict ............................................................................................................................................................. 11 

Diabetes Exemption Program .............................................................................................................................................................. 2,219 

Vision Exemption Program .................................................................................................................................................................. 2,216 

Hearing Exemptions ............................................................................................................................................................................ 49 

Seizure Exemptions ............................................................................................................................................................................. 96 

SPE ...................................................................................................................................................................................................... 2,661 

Medical Examiner Registration ............................................................................................................................................................ 5,000 

Medical Examiner Test Results (upload) ............................................................................................................................................ 1,667 

Reporting CMV Driver Medical Examination Results and filing and providing MEC .......................................................................... 231,150 

Providing Medical Examination Report Copies to FMCSA ................................................................................................................. 83 

Verification of National Registry Number ............................................................................................................................................ 56,505 

Total .............................................................................................................................................................................................. 2,349,704 

2126–0011 Commercial Driver 

Licensing and Test Standards. The 

renewal of this IC was approved by 

OMB on January 12, 2015. This IC 

supports the DOT Strategic Goal of 

Safety by requiring that CLP/CDL 

applicants/holders driving CMVs 

subject to part 391 to be properly 

licensed according to all applicable 

Federal requirements. The information 

being collected ensures that CLP/CDL 

applicants/holders are qualified to hold 

a CLP/CDL to operate CMVs, and that 

States are administering their CDL 

programs in compliance with the 

Federal requirements. 

The rule requires the MEC and 

medical variance information for CLP/ 

CDL applicants/holders to be 

transmitted electronically by FMCSA to 

the SDLA and posted to the CLP/CDL 

holder’s CDLIS driver record. This 

eliminates the need for the driver to 

carry a paper copy of the MEC and to 

physically provide a copy to his/her 

SDLA. Therefore, there will be no 

change in the total annual burden hours 

during the first 3 years. However, during 

these 3 years there will be a one-time 

cost that each State and the District of 

Columbia will need to expend to make 

updates to their systems to 

accommodate the development of the 

capability to electronically receive and 

post medical certification and medical 

variance information from FMCSA and 

to the CDLIS driver record. While the 

information technology necessary to 

carry out these transactions is still in the 

early development stage, FMCSA 

estimates that the cost elements to 

implement these new requirements will 

not be greater than the estimated cost to 

implement the posting of the MEC and 

medical variance information manually 

to the driver’s record. The FMCSA 

believes that additional costs to the 

SDLAs associated with this IC to be a 

one- time total of approximately 

$9,965,163 over the first 3 years or an 

annual cost of $3,321,721. The 

breakdown of the $9,965,163 by type of 

work activity by dollar totals for first 3 

years is as follows: 

Information technology Total state 

costs 9

Input and Inquiry Screens .... $6,146,560 

Expanded Database ............. 1,563,932 

Systems and User Acceptance Testing ..................... 1,664,850 

AAMVA Testing .................... 589,821 

Total One-Time Costs ... 9,965,163 

The FMCSA believes that additional 

costs to AAMVA to develop the 

communications link between CDLIS 

and the National Registry for this IC to 

be a one- time total of approximately 

$1,000,000 over the first 3 years or an 

annual cost of $333,333. 

Starting in the 4th and subsequent 

years, there will be a decrease in total 

annual burden hours due to the 

implementation of the new program 

change. With medical certification and 

medical variance information being sent 

electronically to the SDLA by FMCSA to 

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post to the CDLIS driver record, the 

annual burden hours for the SDLA to 

manually post the medical certification 

and medical variance information to the 

CDLIS driver record will be reduced 

from 81,000 hours to 0 hours based on 

the medical certification and variance 

information being electronically sent 

through the National Registry to the 

SDLA by FMCSA and electronically 

posted to the CDLIS driver record. The 

annual cost of interstate CDL holders 

providing the SDLA with an original or 

copy of the MEC will be eliminated. 

This is an annual cost savings of 

$1,047,600. The following table 

summarizes the annual IC burden hours 

for current and proposed IC activities 

for the first 3 years and the subsequent 

years. As discussed above, the currently 

approved total annual burden of 

3,651,867 hours for the first 3 years 

remains unchanged. The decrease in 

proposed total annual burden of 81,000 

hours in subsequent years is due to the 

program changes from implementing the 

new requirement. 

Current and proposed IC activities for States and CLP/CDL holders 

Currently 

approved 

annual burden 

hours 

Proposed 

annual burden 

hours for the 

IC activities in 

first 3 years 

Proposed 

annual burden 

hours for IC 

activities in 4th 

and subsequent years 

State recording of medical examiner’s certification and medical variance information .............. 81,000 81,000 0 

State recording of the self-certification of CMV operation .......................................................... 4,544 4,544 4,544 

State verification of the medical certification status of all interstate CLP/CDL holders .............. 901 901 901 

Driver notification of convictions/disqualifications to employer ................................................... 730,000 730,000 730,000 

Driver providing previous employment history to new employer ................................................ 459,950 459,950 459,950 

Annual State certification of compliance ..................................................................................... 1,632 1,632 1,632 

States preparing for and participating in Annual Program Review ............................................. 10,200 10,200 10,200 

CDLIS/PDPS/State Record Keeping ........................................................................................... 335,668 335,668 335,668 

Drivers completion of the CLP/CDL application .......................................................................... 59,130 59,130 59,130 

CDL Knowledge and Skills tests recordkeeping ......................................................................... 95,813 95,813 95,813 

Knowledge and skills test examiner certification ......................................................................... 25,216 25,216 25,216 

Driver completion of knowledge and skills test ........................................................................... 1,847,813 1,847,813 1,847,813 

Total Burden Hours .............................................................................................................. 3,651,867 3,651,867 3,570,867 

FMCSA analyzed this rule and 

determined that its implementation will 

decrease the annual burden hours for IC 

activities covered by OMB Control No. 

2126–006, titled ‘‘Medical Qualification 

Requirements,’’ and OMB Control No. 

2126–0011, titled ‘‘Commercial Driver 

Licensing and Test Standards’’ during 

the 4th and subsequent years. The Table 

below captures the current and future 

paperwork burden hours associated 

with the two approved supporting 

statements. A detailed analysis of each 

IC activity can be found in the 

Supporting Statements, which are in the 

public docket for this rulemaking. 

CURRENT AND FUTURE INFORMATION COLLECTION BURDENS

OMB Approval No. 

Currently approved annual 

burden hours 

Proposed 

annual burden 

hours as a result of update, 

not a result of 

final rule 

Proposed 

annual burden 

hours for IC 

activities in 1st 

3 years 

Proposed 

annual burden 

hours for IC 

activities in 4th 

and subsequent years 

2126–0006 ....................................................................................................... 2,130,702 2,633,702 2,633,702 2,349,704 

2126–0011 ....................................................................................................... 3,651,867 N/A 3,651,867 3,570,867 

Totals ........................................................................................................ 5,782,569 N/A 6,285,569 5,920,571 

L. National Environmental Policy Act 

and Clean Air Act 

FMCSA analyzed this 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, 

March 1, 2004), Appendix 2, paragraph 

(s)(7) and paragraph (t)(2). The 

Categorical Exclusion (CE) in paragraph 

(b) covers administrative or editorial 

changes; (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 requirements in this 

rule are covered by these two CEs and 

this 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 Web 

site listed under ADDRESSES. FMCSA 

also analyzed this rule under the Clean 

Air Act, as amended (CAA), section 

176(c) (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. 

M. E.O. 12898 Environmental Justice 

FMCSA evaluated the environmental 

effects of this final rule in accordance 

with Executive Order 12898 and 

determined that there are no 

environmental justice issues associated 

with its provisions nor any collective 

environmental impact resulting from its 

promulgation. Environmental justice 

issues would be raised if there were 

‘‘disproportionate’’ and ‘‘high and 

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22810 Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Rules and Regulations 

adverse impact’’ on minority or lowincome populations. 

N. E.O. 13211 (Energy Supply, 

Distribution, or Use) 

FMCSA has analyzed this 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. 

O. E.O. 13175 (Indian Tribal 

Governments) 

This 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 rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

List of Subjects 

49 CFR Part 383 

Administrative practice and 

procedure, Alcohol abuse, Drug abuse, 

Highway safety, Incorporation by 

reference, Motor carriers. 

49 CFR Part 384 

Administrative practice and 

procedure, Alcohol abuse, Drug abuse, 

Highway safety, Incorporation by 

reference, Motor carriers. 

49 CFR Part 391 

Alcohol abuse, Drug abuse, Drug 

testing, Highway safety, Motor carriers, 

Reporting and recordkeeping 

requirements, Safety, Transportation. 

For the reasons stated in the 

preamble, FMCSA amends 49 CFR 

chapter III, 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, Pub. L. 

106–159, 113 Stat. 1748, 1766, 1767; sec. 

4140, Pub. L. 109–59, 119 Stat. 1144, 1746; 

and 49 CFR 1.87. 

■ 2. Amend § 383.71 by revising 

paragraphs (h)(1) and (3) to read as 

follows: 

§ 383.71 Driver application and 

certification procedures. 

* * * * * 

(h) * * * 

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

Before June 22, 2018, 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, 2018, 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) In 

order to maintain a medical certification 

status of ‘‘certified,’’ before June 22, 

2018, a CLP or CDL holder who certifies 

that he/she will operate CMVs in nonexcepted, 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) In order to maintain a medical 

certification status of ‘‘certified,’’ on or 

after June 22, 2018, 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. 

■ 3. Amend § 383.73 by revising 

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

(o)(2), (o)(3) and (o)(4) to read as 

follows: 

§ 383.73 State procedures. 

(a) * * * 

(2) * * * 

(vii)(A) Before June 22, 2018, for 

drivers who certified their type of 

driving according to § 383.71(b)(1)(ii)(A) 

(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, 2018, for 

drivers who certified their type of 

driving according to § 383.71(b)(1)(ii)(A) 

(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, 2018, for drivers 

who certified their type of driving 

according to § 383.71(b)(1)(ii)(A) (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, 2018, for 

drivers who certified their type of 

driving according to § 383.71(b)(1)(ii)(A) 

(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) Medical recordkeeping—(1)(i) 

Status of CLP or CDL holder. Before 

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Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Rules and Regulations 22811 

June 22, 2018, for each operator of a 

commercial motor vehicle required to 

have a CLP or CDL, the current licensing 

State must: 

(A) Post the driver’s self-certification 

of type of driving under 

§ 383.71(b)(1)(ii) to the CDLIS driver 

record; 

(B) Post the information from the 

medical examiner’s certificate within 10 

calendar days to the CDLIS driver 

record, including: 

(1) Medical examiner’s name; 

(2) Medical examiner’s telephone 

number; 

(3) Date of medical examiner’s 

certificate issuance; 

(4) Medical examiner’s license 

number and the State that issued it; 

(5) Medical examiner’s National 

Registry identification number; 

(6) The indicator of medical 

certification status, i.e., ‘‘certified’’ or 

‘‘not-certified’’; 

(7) Expiration date of the medical 

examiner’s certificate; 

(8) Existence of any medical variance 

on the medical examiner’s certificate, 

such as an exemption, SPE certification, 

or grandfather provisions; 

(9) Any restrictions (e.g., corrective 

lenses, hearing aid, required to have 

possession of an exemption letter or SPE 

certificate while on-duty, etc.); and 

(10) Date the medical examiner’s 

certificate information was posted to the 

CDLIS driver record; and 

(C) Post the medical variance 

information within 10 calendar days to 

the CDLIS driver record, including: 

(1) Date of medical variance issuance; 

and 

(2) Expiration date of medical 

variance; 

(D) Retain the original or a copy of the 

medical examiner’s certificate of any 

driver required to provide 

documentation of physical qualification 

for 3 years beyond the date the 

certificate was issued. 

(ii) Status of CLP or CDL holder. On 

or after June 22, 2018, for each operator 

of a commercial motor vehicle required 

to have a CLP or CDL, the current 

licensing State must: 

(A) Post the driver’s self-certification 

of type of driving under 

§ 383.71(b)(1)(ii) to the CDLIS driver 

record; 

(B) Post the information from the 

medical examiner’s certificate received 

from FMCSA to the CDLIS driver 

record, including: 

(1) Medical examiner’s name; 

(2) Medical examiner’s telephone 

number; 

(3) Date of medical examiner’s 

certificate issuance; 

(4) Medical examiner’s license 

number and the State that issued it; 

(5) Medical examiner’s National 

Registry identification number; 

(6) The indicator of medical 

certification status, i.e., ‘‘certified’’ or 

‘‘not-certified’’; 

(7) Expiration date of the medical 

examiner’s certificate; 

(8) Existence of any medical variance 

on the medical examiner’s certificate, 

such as an exemption, Skill 

Performance Evaluation (SPE) 

certification, or grandfather provisions; 

(9) Any restrictions (e.g., corrective 

lenses, hearing aid, required to have 

possession of an exemption letter or SPE 

certificate while on-duty, etc.); and 

(10) Date the medical examiner’s 

certificate information was posted to the 

CDLIS driver record; 

(C) Post the medical variance 

information received from FMCSA 

within 1 business day to the CDLIS 

driver record, including: 

(1) Date of medical variance issuance; 

and 

(2) Expiration date of medical 

variance; 

(D) Retain the electronic record of the 

medical examiner’s certificate 

information for any driver required to 

have documentation of physical 

qualification for 3 years beyond the date 

the certificate was issued. 

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

2018, 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) Beginning June 22, 2018, 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, 2018, 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) Beginning June 22, 2018, 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) Downgrade. (i) If a driver’s medical 

certification or medical variance 

expires, or FMCSA notifies the State 

that a medical certification was 

invalidated or voided or a medical 

variance was removed or rescinded, the 

State must: 

(A)(1) Before June 22, 2018 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, 2018 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). 

(B) Initiate established State 

procedures for downgrading the CLP or 

CDL. The CLP or CDL downgrade must 

be completed and recorded within 60 

days of the driver’s medical certification 

status becoming ‘‘not-certified’’ to 

operate a CMV. 

(ii)(A) Before June 22, 2018, 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, 2018 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. 

* * * * * 

mstockstill on DSK4VPTVN1PROD with RULES2

22812 Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Rules and Regulations 

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, Pub. L. 106– 

159, 113 Stat. 1748, 1753, 1767; and 49 CFR 

1.87. 

■ 5. Revise § 384.234 to read as follows: 

§ 384.234 Driver medical certification 

recordkeeping. 

The State must meet the medical 

certification recordkeeping 

requirements of § 383.73(a)(2)(vii), 

(b)(5), (c)(8), (d)(8), (e)(6) and (o). 

■ 6. Amend § 384.301 by adding a new 

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, 2018. 

PART 391—QUALIFICATIONS OF 

DRIVERS AND LONGER 

COMBINATION (LCV) DRIVER 

INSTRUCTORS 

■ 7. The authority citation for part 391 

continues to read as follows: 

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

31136, and 31502; sec. 4007(b), Pub. L. 102– 

240, 105 Stat, 1914, 2152; sec. 114, Pub. L. 

103–311, 108 Stat. 1673, 1677; sec. 215, Pub. 

L. 106–159, 113 Stat. 1748, 1767; and 49 CFR 

1.87. 

■ 8. Amend § 391.23 by revising 

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

follows: 

§ 391.23 Investigation and inquiries. 

* * * * * 

(m) * * * 

(2) Exception. For drivers required to 

have a commercial driver’s license 

under part 383 of this chapter: 

(i) Beginning January 30, 2015, using 

the CDLIS motor vehicle record 

obtained from the current licensing 

State, the motor carrier must verify and 

document in the driver qualification file 

the following information before 

allowing the driver to operate a CMV: 

(A) The type of operation the driver 

self-certified that he or she will perform 

in accordance with § 383.71(b)(1)(ii) of 

this chapter. 

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

ending on June 22, 2015, 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. 

(2) Beginning on June 22, 2015, if the 

driver has certified under paragraph 

(m)(2)(i)(A) of this section that he or she 

expects to operate in interstate 

commerce, that the driver has a valid 

medical examiner’s certificate and any 

required medical variances. 

(3) Beginning on July 8, 2015, if the 

driver has a commercial learner’s permit 

and has certified under paragraph 

(m)(2)(i)(A) of this section that he or she 

expects to operate in interstate 

commerce that the driver has a valid 

medical examiner’s certificate and any 

required medical variances. 

(C) Exception. Beginning on January 

30, 2015 and until June 22, 2018, 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)(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. 

(ii) Until January 30, 2015, if a driver 

operating in non-excepted, interstate 

commerce has no medical certification 

status information on the CDLIS MVR 

obtained from the current State driver 

licensing agency, the employing motor 

carrier may accept a medical examiner’s 

certificate issued to that driver, and 

place a copy of it in the driver 

qualification file before allowing the 

driver to operate a CMV in interstate 

commerce. 

(3) Exception. For drivers required to 

have a commercial driver’s license 

under part 383 of this chapter: 

(i) Beginning July 8, 2015, using the 

CDLIS motor vehicle record obtained 

from the current licensing State, the 

motor carrier must verify and document 

in the driver qualification file the 

following information before allowing 

the driver to operate a CMV: 

(A) The type of operation the driver 

self-certified that he or she will perform 

in accordance with § 383.71(a)(1)(ii) and 

(g) of this chapter. 

(B) 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. 

* * * * * 

■ 9. Amend § 391.41 by revising 

paragraph (a)(2)(i) to read as follows: 

§ 391.41 Physical qualifications for 

drivers. 

(a) * * * 

(2) CDL exception. (i)(A) Beginning on 

January 30, 2015 and ending on the day 

before June 22, 2018, 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) Beginning on June 22, 2018, 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, 

is no longer needs to carry on his or her 

person the medical examiner’s 

certificate specified at § 391.43(h). 

* * * * * 

■ 10. Amend § 391.43 by revising 

paragraphs (f), (g)(2), (g)(3) and (h), and 

adding paragraph (g)(4) and (g)(5), to 

read as follows: 

§ 391.43 Medical examination; certificate 

of physical examination. 

* * * * * 

(f) The medical examination shall be 

performed, and its results shall be 

recorded on the Medical Examination 

Report set out below: 

BILLING CODE 4910–EX–P 

mstockstill on DSK4VPTVN1PROD with RULES2

Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Rules and Regulations 22813 


mstockstill on DSK4VPTVN1PROD with RULES2ER23AP15.000</GPH>

PRIYACYACTS'IIl1EMUmrltis-1tt>folti4ed,_,lolMI'riwqlktofl!llil.~ 

liUJI.IoRITY: lille'lll, Un~~tote<Code {USC),i!?VS!: 3JJ3~illlll and~ 

PIJRPO$EITo rec..-d te.ultsoladriver'sphy<ital ....,ina-to-"" qualmcaticn to operateamnmerciai mold vehide.(CMVl, and 

MEblCAL RECORD# 

'ti> t>Foindte'driv'et health-_ in ln~etstatEf~merce-irc:mrding to-thete(Juiremen~in 49~R39l.~l-49(PrOV!din~rthisinfamia_tiott ism~d:afi)ry. 1,..,. {'tu-'"J')rl If this lnfu<Ma!lonl< n<Jtproilidod; lhemedk:al .. atniner will nut be abletod<>terltine qualmcalicn to operaleca CMVin ill-mnmeroo cv• "ucn«T 

~"""dlnO to the requlrom<>nts In 4liQ'!fill!!A!4!t, Torecotd ro!\li!S of ~!ftlveNpll)l!l.,.t ~Ina~ O(l<ilo~termlnequallfi<,>llon to operate 

aCMVininlr-<D!ll'llor<:ewhe!>lhedliverisMQU.irod l>f a~lob.e .. am¥ i>v"me<!kal .. allllner ~onlhelllo~ R<igistty.of<;erffllell~calex.minersil>a«ordaru;e 

Yrilh lhellflil\llsion• of 4llC!iW391 41'41! 0(1<1 ""lfvalian<:e<tomlhephysicalquallfica6on standardsa:loptedby such Stare. 

Medical examinolsaren;qulrodto~tetheMedkali;xamina~ Reportl'i>t!n IWe""'fdilve<PII)'j;jc.l etaminafion performodln..,.,tdanceYrilh4ji'<::FI\ 3\llAT. Eaci1 ooginal 

(paper or el-onktcompl..md l\lledlcal fxaminafion Reportformmustberetainodon lile>atlheolli<;e oflhemedlcal .... milleriW at 1-Jyearslrom lluodafuof..,.ilminlof»n, The 

medlcal-mustmake all recot!ls andlnh>tmotion in theseftle>< wallabl~tto an aulh..-izod repr.esentatlwoffi\IICSAor anaulhoriled FederaL. Stat<>"' local enfiycementagency 

"""esen~Yrithln48h!l<n~llorlhtl\"IUOStisrnadefl!!);<:Fil39J,43lill. 

ROUfl.oUSEs.lhel,...malioni$11$e<! for lhepu~fttfOI'lh~iln<lma)' be ~d.od b>f<deraL state Cflocai """~ceme\lt age\ldesfotthelruse. l\lledlcal Ex~mln.atioo 

~lformscol~byf!lll:SA wiR be -<!In~. Ot!lomoted NalionallloglsttyoiC<~!ij&l>dMedlcal£ .. ml""rs System ond will be 4.-dbuMnitor lheporformanceolmedl· 

cal-snste<{ on lheNadonalllegisb'y. 

In addilionmtllcse di"*"""•permilledunder~ ottliePri\lacyActol1'974.lidditionaldiSdosuiesmaybemadeln a«:Qr!lancewilh the. u.s. oopartnient o!Ti'anSporta11onliXlll Prefat"')! Statemento!Gene<al RoutiOOU...S.publl.mdln thel'ederalllegisteron Oe<enlber :l'l.2011l ~under ,.<fatory Statoment.ofG,neral Ru..s"{availableatbl!i:tJlWW!y~ili@i;X/Drill~tices), 

ACKN.OWLiiDGIIIENTd~dlfleprovisioM.ttJr..PriwrqA<toff974os~tomefhn>llg/tfhe·-~~tiliiiNI<I~IIt. 

CMVOriver Signature: Date: 

PERSONAL INFORMATION 

Last Name:----------- First Name: ________ Middlelnltlat __ Date Of Birth: ___ AQe: _ 

Addll!ss: ----------------- City: _________ State/Pro'Jinc'e: __ lipCOII£ ____ 1 

Ollver'~Licenf&Number: _______ ~~~----- lssuingS1ate!P!OVIrice:_. _Phone: _____ Gender: ()M OF 

CLP/COLApplfcaritiHoldet"? OYes ONe Orilll!flO~flfidBy"*l __ ~~-~--~­

HasyourUSOOTIFMCSAmedkalcertificateeverbeendenledoriSS\lEdforlesstharr2years? OYes ONO ONotSure 

DRIVER HEAlTH fliSTORY 

Have you ever hadsurgety? If"~' please lis! and explain below. 

Are you currently taking medications (presaiptton1 over-the-cllunte~; hemal remedk!;, d/et.supplemenrs!? 

lf"yesl' please describe beloW, 

0'1• ONo QNotSure 

0Yes ONo OMotSure 

CAnach arldit!Mafshe<!ts ifnecessaty} 

!'agel 
22814 Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Rules and Regulations 


mstockstill on DSK4VPTVN1PROD with RULES2ER23AP15.001</GPH>

I Last Name: 

DRIVER HEt,LTH HISTORY ' , 

1. Head/brain lnj1.1rllls or llln'IS$es (e.g., i:oocUS>ion) 

2.Selzures, .epilepsy 

3. Eyeproblem!i(1!!«:eptglassi!Soramli1ctsJ 

4. Ear and/Or hertng problems 

S. Heart disease, heart attack, ~>)~pass, or other heart 

problems 

6. Pacemaker, steots, implantable deW:e!i.. orother heart 

procedures 

Not 

V.C NO Sure 

000 

00 0 

000 

000 

000 

000 

7.1'!ighblood~SSUII! 0 0 Q 

S.Highdloiest-1 0 0 0 

9; Chronic (long-t~~rm)cough, shortness of breath. or other 0 0 0 

breathing problems 

Middle Initial: Exam Date: 

16. Otnlness, headadles. numbness, tlngUng. or memory 

loss 

17. Un@Xplafned weight loss 

IS. Stro~ mini-stroke ll!Ah paralysis, or weakness 

19. Missing or limited useot:arm,hand,flnger;leg, foot, 1oe 

20. Neckor back problems 

21. Bon!'. muscle,joint,orner~~<> problems 

22. Blood dots erbleadin9 problen'ls 

.a.c;ancar 

24. Chronle{long"term} Infection orothet chronic diseases 

25; Sll!eP tlisorderl;, pauses in breathing while asleep, 

daylfn'le sleepiness, lood linoril'!g 

Not 

Yes NO Sure 

000 

ooo 

000 

0 0 0 

000 

000 

000 

000 

000 

000 

IO.lung disease (e;.go" asthmli) 

11. Kldne.y problem!!. kidM)Istones,or palntproblemnMh 

urtnatlon 

0 0 0 U.Haveyouellerhadaslel!p.test(e.g.,sli!epapnea}? 

0 0 0 27.Haveyoueverspentanlghtint~hospltal? 

000 

000 

000 

000 

OQO 

000 

12. Stomach, 11-; or digest!~~<> problems 

13. Diebetesor bfocxhuga(problems 

Insulin used 

14. Anxiety, dePf<IS$1on, nervousness, other mental health 

problems 

IS: Fainting or passing out 

Other health conditlon(s) not descrtbed above: 

CNIV DRiVER SIGNATURE 

000 

000 

000 

000 

000 

2!. Have you elll>f had a broken bone? 

29. Haveyou -used or do you now use tobacco? 

SO. Do you ~urrently drink alcohol?' 

31. Have you used an illegal substance within the past two 

yeats? 

g2. Have you ever failed a drug 1est or been dependent on an llleg<ol Sl!bstante? 

000 

Olel 0No 0NotSure 

OYes ONo ONotsure 

I certify thai thea bow lmorma1ion is al:curateandcompl<ite. I undeistand tllat inaccurat!'. false or missing inf<mna11on may lnvalidat<i! th<! e><amlna1ion 

and my Medical Examiner's CertJfieate. thatSIIbmlsslon offral.!dutentor lntentionallyfalse information ~Sea vlolatlon of 49CFR l!lO,lS. and thai Sllbmlssion 

of fraudulent or intentionally false information may subject me to civil or criminal penalties under 4lHifR 39JU1and ~Appendices A;tnd a. 

Oate: 

Re~~Jewand dJsa.ts;pert/nentdriverlll'lSWilrS and anyiM!ilabktmedli:af reeotds. Comment on the:l1riYel'sr~p:>nS~t<}the 'hoolrh l<isrory' q~sthatmayatrea the 

d(ivel'~safeopeifllkJn ofiJ . .oorrrmerctalmaroritehi!Je {CMV}. 

{Attach addj/Jonal s/:leets If necessazy) 

Page2 
Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Rules and Regulations 22815 


mstockstill on DSK4VPTVN1PROD with RULES2ER23AP15.002</GPH>

First Name: MicldlO>lrtltlat OOB: Exam Date: 

fESfiNG 

Pulse rate _ "' •I'E!gular: OYes ONo H~ht: te~r _ im:hes \M!Ight! _pounds 

llooil ......_. .. Systolic Ola~~toll~ Urill..,. Sp.Gr, Ptot!lin illood S~~gar 

Sitting Urinalysis is required 

~Qild '""cling Nurn<!tkal 1111adingJ 

(optloMI) muilt b<!reco{ded. 

I 

Othettuti~ If indicated 

I 

flrotein, blood, orS(fgar ill tlie urine maybe011 indieaffan for further testing to 

rule autooyil,nderlyirtgrnediw!problem. 

.\!Moll H~ 

!it(1f!ddid Is at lell$t 20140 acultytsne/Jem m e«:h eye With orwillwut ~r/Qn,At 

least 70' field:ofvision.inhorizontal merld:~n me{JSu«:ci in each eyeTheuseofccr· 

recrile fen~shouldbe hored 011 theMedicatEliairlinet~CeftifKate. 

Standard:Mlist first petceiw wh/speredvoiceat nat less tllllll s feer(witll i>rWithout 

hearing aid01b;rverage hearing loss in betterearatiw tnan 40 rJfi 

AalitJ Unconected Corrected Horizontal Field ofVIslon Ched<, if h""ring ail! 11secl fortO>st: 0 Rig Itt Ear 0 Left.Ear ONeither 

Right Eye: 201_ 201_ Right Eye:_c!Egrees Whisp4!1'Test Resulft l!lght Ear Left Ear 

Record distance (in liletiffO!n driver at wni~ a forced 

Left Eye: 201_ 20!_ !$~.Eye: _degrees whispered voice can first bO> hea!d ------ QothEye$: 201_ 201_ Yes Me! OR 

.AilPlicantcan recognize and clllting:utsh am®g tnlfflc control 0 D Audl--dest ReJUIIS 

signals and devices shQWing·red,g!@@n, and amber colors Rlght£ar l.eftEar 

MQOOCUiarvlslon 0.0 500Hz 1000Hz 2000Hz SOOHz 1000HZ 2000Hz 

Rllerredtoophthalmologlst-oroptometri$t? 00 

Receivl!d doc ~~mentation from QRhthalinologlst or optometrist? 00 --------- --------- Average (right); Average (left); 

The presence of a certain condition may not necessarily disqualify a drWer; particularly ifthecon<!ltion Is CQ!ltrolled adequately, Is not likely to wmen,or isi$1dlly amEnal$to tn.atment. Even If a condition ·c~oes not dl$qualify a drivell the Medical EXaminer may consiclerdef'en:ing thedri:vertem!)Qfarily, 

Also, thedrlvershould beadvisecl to-take thO> n~~teSSary ~toe correct therondltlon as soon as posslb~ particularly if negl~ngthecondltlont!luld 

result lit a moriosertous illness that might affect driVing, 

Check the bod.ysystems for abnormalities. 

tidyS,S- NOrmal Abnormal llodys,sc- Normal Abnormal 

t.General 0 0 &.Abdomen 0 0 

2,Skin 0 0 9, Genito·lJJ'Ihary system Including hemfas 0 0 

ll..Eyes 0 0 tQ.IIacklSpine 0 0 4. Ears 0 0 11. Extre!nltlesrJOints 0 0 

5. Mollthlthroat 0 0 t.:t N!>!~rological system fncllldlng reflelcl!s 0 0 6. Qrdiovasrolar 0 0 13. G\lit 0 0 

7. Lungsfcheilt 0 0 14. vaseuiarsystem 0 0 

Discuss any abnormal Cl!'lswers in detail in the spm:ehelowarniindicate whether itwaulri qffecHhedtiwfsabitlty toopemte a CMV: 

Enrf!f opplicableltem &(11/jer!Jeforeeach cemment 

(Auach oddiriolralsheetsif.necesswy) 

Pagel! 
22816 Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Rules and Regulations 


mstockstill on DSK4VPTVN1PROD with RULES2ER23AP15.003</GPH>

I last Name: First Name: MicldlO>lrtltlat OOB: Exam Date: 

·u.e~~m-t'u>l!fWUitrrllriiJ!itinfpetfi>l'IM<!~~wlththil~mfMotcuC<trrlllrSafttyliegllfllfiOm149 CfR3ff.4i.3ft.§~ 

0 Does nclt meet .standards tspeclljr reasoo): 

0 Meetsstandardtln49c(fll39l.4hquallflesfi>r 21fe&rcertiflcate 

0 Meetfsta fidarcl$. but l)erlodic monitoring requ ir..d {speeifyreason): 

Driver qualified fur: Qllmonths 0 6month$ 0 1yur Oother. 

0 Wearfrn,;~ oolrl!ctlve ll!M- 0 Wearirn,;~ hearlrn,;~ ald 0 Accompanied by a waiver/l!ll«<mption (,pecifytype)! 

0 A<;eompanled by a skiD l'l!rfurmanceEvaluatl<>n (SPE) certificate 0 Qualified by operation of4t.Cff! 391 « 0 DriYill!lwithin ane<:empt lntracityzonersee.4!10'1E!l/J@ 

0 Determination pending (spedfyrea;on)! 

0 Return to medical exam offke forfollow-up on (mustile4S dQ)IS or less}: 

0 Medical Exllmlhation Report amendl!d {$pedfyredson): 

(if amenriedJ Me;lieal Examiner Signature: Oate: 

0 lnoompfeteuamlnation (:rpe:eif;rea5Pllf. 

! lfllll!411¥1tlliHis lfii!SflndarliSotltllllll ht4tfJU91,4], 111111 CG!bplilt.aMtdkal bamJII!Ir'sCortlflcatnsslatltlln49f.fii39'1Allbl,il!lllplirOprlate.l 

I have l)etf<ll"l)'li!d this evaluatiOn fOr ~ifkatlon.tl!lveJier$onally reviewed all available records and reCQI'ded InfOrmation l)ertailling tothiS.evahlatloll, 

and attest that to the be$!: of my knowledge, I ~leve it to be true and correct. 

Ml!dical Examiner Signature: Ml!dlcal Examiner.Name: 

Add-. City: State: __ ZlpCode: Phone: Date: 

El!aminer'sStateLicense, Certificote,or RegiStration Number. l$$ulng State: -~ 

OMD Ooo 0 l>hysldan Assistant 0 Chiropractor 0 AdVll need Practia Nume 0 Other Practitioner 

National Registry Number. j Medical Examfne~s Certificate Expiration Date: l 

1/se:thisseaiimlbrexamiilatlons~.ftHI~Wil$!tlte:~fO!MotcH(<lltlerSaf~Regt/latfph$<l!f9CIW39l,4J-:!it • .f91wilh«try<IPPikolile~ 

ViJ'TI<Inm (WhldiW111 otrlywwlldfi:>rfn~qperlitilm$J: 

0 Meiitsstandardt ill 49CfR~M I With any applfcable State variallces 

0 Meetsstanda~ but periodic monitoring required (spei;ifyreasw): 

t:lrlverquallftl!dfor. 0 ll.months 06months 0 lyur 0 other. 

0\Yearingoolrl!ctlve len- 0\Yearinghearingald 0 Accompanied by a waiver/exemption (spei;ifytype:l; 

0 Aceornpanled by a SkiD Performance EvaluatiOn (SPE) certificate 0 Grandtatherl!d &om Stato.requlrements 

llfttidlinnleets1hestlll8dsOitllnedla@FJtmdt.witii8PIIIkUfeSlllte1lll'llrta5rlhellmtpleteaMedkalblllllneBCtrtlftcm,as~J 

I haw performed this evaluation f<lrcertifkatlon.l havepmonally reviewed an avail• bll! record$ and recorded infi:lrmation pertaining to this evaluation; 

and attest ~nat tothe best of my knowledge; I believe it to be true and ootred. 

Medtcai·Examfnerstgpatur~ Medical Examfner.Nam~ 

Addpm: City: State: __ Zip Code: Phone: Date: 

Exam lner'sState LlceNq, Certifle"tt, or Registt(ltion Number: ISsui!lll State: __ 

OMD ooo D Physktan Assistant 0Cbi«Qpractor 0 Advancl!dPracticeNU($e 0 Other Practitioner 

.Natl!lnal R"!!istry Number: j Medial Examine~& Certificate Expiration Date: I 

Page4 
Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Rules and Regulations 22817 


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Instructions for Completing the Medical Examination Report Form (MCSA-5875) 

L Step-By-Step lDstructlons 

Driver. 

Prlvaey Ad Statement- Please Rad, sign and date the Statement acknowledging that you understand the 

provisions of the Privacy Act ofl974 as written, 

Sedion t: Driver information 

• Pencmal lnfol'llllltion: Please complete this section using your ruune as written on your driver's license, 

your current address and phone number, your date ofbirth, ago, gendel:, driver's.license number and issuing state. 

o CDIJCLP Applamtlllulder: Check "yes" if you are a commercial driver's license or conunorcial 

Ieamer's pennit holdel:, or are applying for a CDL or CLP. Commercial driver's license (CDL) means 

a license issued by a State or theDistrid of Columbia which authorizes the individual to operate a class of a commercial motor vehicle (CMV). A CMV that requires a CDL is one that: (1) has a gross 

combination weight rating or gross c:ombination weight of26.001 pounds or more inc:lusive ofa 

towed unit with a gross vehicle weight rating (GVWR) or gross vehicle weight (GVW)ofmore than 

10,000 pounds; or (2) has a GVWR or GVW of26,001 poUnds or more; or (3) is designed to trans· 

port 16 or more passengers, inc:ludingthe driver; or (4) is used to transport either hazardous materials requiring hazardous materials placards on the vehicle or any quantity of a select agent or toxin. 

o Driver ID Verlfit:tl By: The Medical Examiner/staff completes this item and notes the type of photo ID 

used to verify the driver's identity such as, commercial driver's license, driver's license. or passport, etc. 

o QuestiGD: Has your USOOI'IFM.CSA medical eertilicate ever been deult:tl or issUed for less tlum 

two years? Please check the oorrect box "yes" or "'no" and if you aren't sure check the "not sure" box. 

• Driver Health HiStory: 

o Have you ever had surgery: Please check )res" if you have ever had surgery and provide a written 

eXplanation of the detailll (type ofsi:IJEerY, dateofsmgery, etc.) 

o Are you carrentlytaklngmedieations (prescription. ov~berbal remedies, diet 

supplements): Please check "yesn if you are taking any diet supplements, herbal remedies, or prescription or over the counter medications. In the box below the question, indicate the name of the 

medication and the dosage. 

o #1-31: Please complete this section by checking the "yes" box to indicate that you have, or have 

ever had. the health condition listed or the ''No" box ifyou have not. Check the "not.sure" box if 

you are unsure. 

o Other HealtiJ Conditlomi not descdlled aboVe: If you haw, or have had, any other health condi'-

tions not listed in the section above, check "Yes" and in the box provided andlistthose condition(s). 

o Any yes aJillWers to questions #t-31 above: If you have answered ''yes" to any Of the questions in 

the Driver Health History section above, please explain your answers further in the box below the 

question. For example, if you answered "yes" to question #S regarding heart disease, heart attack, 

bypass, or other heart problem. indicate which type of heart condition. If you checked ''yes" toquestion #Z3 regarding cancer, indicate the type of cancer. Please add any information that will be helpful 

to the Medical Examiner. 

• CMV Driver Signature and Date: Please read the certification statement, sign and date it, indicating 

that the information you provided in Section 1 is accurate and complete. 

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22818 Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Rules and Regulations 


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MecUeal Examiner: 

Sedion l: Examination Report 

• Driver Health mstory Review: Review answers provided by the driver in the driver health history section and discuss: any "yes:" and "not sure" responses. In addition. be sure to compare the medication list 

to the health history reSJ)onses ensuring that the medication list matches: the medical con<h'tions noted. 

Explore with the driver any answers th#t seem unclear. Record any information that the driver omitted. 

As the Medical Examiner conducting the driver's physical examination you are required to complete the 

entire medical examination even ifyou detect a medical condition that you consider disqualifYing, such 

as deidhes:s. Medical Examiners are expected to detennine the driver's physical qualification for operat· 

ing a commercial vehicle safely. Thus, if you fmd a disqualifYing condition for which a driver may 

receive a Federal Motor Carrier Safety Administration medical exemption. please record that on the 

driver's Medical Examiner's Certificate, Form MCSA-5876, as wen as on the Medical Examination 

Report Form, MCSA·S87S. 

• Testm,: 

o Pulse rate and dQ1Iun, heigltt. and weight: record these as indicated on the fonn. 

o Blootl Pressure: record the blood pres:mre (systolic and diastolic) of the driver being examined. A 

second reading is optional and should be recorded if found to be ~ssary. 

o Urinalysis: record the numerical readings for the specific gravity, protein, blood and sugar. 

o Vision: The current vision standard is provided on the form. When otherthan the Snellen chart is 

used, give test resubs in Snellen-comparable values. When recording distance vision, use 20 feet as 

normal. Reconl the vision acuity resubs and mdicate if the driver can recognize and distinguish 

among traffic control signals and devices showing red, green, and amber colors; has monocular 

vision; has been referred to an ophthalmologist or optometrist; and if documentation has been 

received from an ophthalmologist or optometrist. 

o Hearing: The current hearing standard is provided on the form. Hearing can be tested using either a 

whisper test or audiometric test Record the test results in the corresponding section for the test used. 

• Ph)'slcal Esaminatioa; Check the body systems fur .abnonnalities and indicate normal.or abnormal for 

each body system listed. Discuss any abnormal answers in detail in the space provided and indicate 

whether it would affect the driver's ability to safely operate a commercial motor vehicle. 

In thifllexUecti.on,you will be~ either tile Fllllemllll' Sttlte~> not both. 

• Medical Examiner Determination (Federill): Use this section fur examinations perfomied in 

accordance with the FMCSRs (49 CFR 391.41-391.49). Complete the medical examinerdetetmination 

section completely. When detennining. a driver's physical qualification, please note that English language 

proficiency (49 CFRpart 391.11, General qualifications of drivers) is not factored into that detennination. 

o Does aot meet staadards; Select this option when a driver is determined to be not qualified and provide an explanation of why the driver does not meet the standards in 49 CFR. 391.41. 

o MeeCs standards ill49 CFR 391.41; qwdUies for l-year eerUIIeadoa: Select this option when. a 

driver is detennined to be qualified and will be issued a 2-year Medical Examiner's Certificate .. 

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Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Rules and Regulations 22819 


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o Meecs standanls, but periodic monitoring is ftl(nired: Select this option when a driver is determined to be qualified but needs periodic monitoring and provide an explanation of why periodic 

monitoring is required. Select the corresponding time ftame that the driver is qualified and if selecting other, specifY the time ftame. 

• DetermiDathm that driver meets mmdanls: Select all categories that apply to the .driver'& 

certification (e.g., wearing corrective lenses, accompanied by a waiver/exemption, driving 

within an exempt imracity zone, etc.). 

o Determination pending: Select this option when more infonnation is needed to make a qualification 

decision and specifY a date, prior to the 45 day expiration date, for the driver to return to the medical 

exam office for follow-up. This wilt allow for a delay of the qualification decision for up to 45 days. 

If the disposition ofthe pending examination is not updated via the National Registry before the 45 

day expiration date, FMCSA wnl notifY the examining medical examiner and the driver in writing 

that the examination is no longer valid and that the driver is required to be re-examined. 

• MER amended: A Medical Examination Report Fonn (MER). MCSA-5875, may only be amended 

while in determination pending status for situations where new infonnation (e.g., test results, etc.) 

hail been m.leived or there bas been a change in the driver's medical status since the initial examiila· 

tioo, but prior to a final qualification determination. Select this option when a Medical Examination 

Report Form. MCSA-5875, is being amended; provide the reason for the amendment. sign and date. 

In addition. initial and date any changes made on the Medical Examination Report Form, 

MCSA-5875.AMedical Examination Report Form. MCSA-5875, cannot be amended after an examination hail been in determination pending status for more than 45 days or after a final qualification determination has been made. The driver is required to obtain a new physical examination and 

anew Medical Examinlllion Report Form, MCSA~5875, should be completed. 

o lneomplete exandnaUon: Select this when the physical examination is not completed for any 

reason (e.g., driver decides they do not want to continue with the examination and leaves) other than 

situations outlined under determination pending. 

o Medleal Exllllli-.. iDfonnation, signature-d date: Provide your name, address, phone number, 

occupation, Hcense, certificate, or registration number and issuing state, national registry number, 

Medical Examiner's Certificate expiration date, signature and date. 

• MedkaiEmndner.Detennination(Stafe): Use this section forexaminlllions pertonned in accordance 

with the FMCSRs (49 CFR 391 :41-391 §)with any applicable State variances (which will only be valid 

for intrastate operations). Complete the medical examiner detennination section completely. 

o Meets standanb In 49 CJ'R 391.41 with any app]kUie State varilmces: Select this Option when 

a driver is determined to be qualified and will be issued a 2-year Medical Examiner's Certificate. 

o Meecs ~ bat perlocllcmonltoring Is requll'edt Select this option when a driver is determined to be qualified but ueeds periodic monitorillg and provide an explanation of why periodic 

monitoring is required. Select the OOlTesponding time ftame that the driver is qualified and if select· 

ing other. specifY the time ftame. 

• Determlnatkm. that driver meets standards: Select all categories that apply to the driver's 

certification (e.g., wearing corrective lenses, accompanied by a waiver/exemption. etc.). 

o IDeomplete examlmttioa: Select this when the physical examination is not completed for any 

reason (e.g., driver decides they do not want to continue with the examination and leaves). 

o Medleal Examiner 1Dtom1atlon, signature-d date: Provide your name, address, phone.number, 

occupatiOn, license. certificate, or registration number and issuing state, national registry number, 

Medical Examiner's Certificate expiration date, signature and date. 

Page7 
22820 Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Rules and Regulations 

BILLING CODE 4910–EX–C 

(g) * * * 

(2)(i) Before June 22, 2018, 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) Beginning June 22, 2018, 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) Beginning June 22, 2018, 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 


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Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Rules and Regulations 22821 

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). 

(4) Beginning June 22, 2018, if the 

medical examiner finds that the 

determination of whether the person 

examined is physically qualified to 

operate a commercial motor vehicle in 

accordance with § 391.41(b) should be 

delayed pending the receipt of 

additional information or the conduct of 

further examination in order for the 

medical examiner to make such 

determination, he or she must inform 

the person examined that the additional 

information must be provided or the 

further examination completed within 

45 days, and that the pending status of 

the examination will be reported to 

FMCSA. 

(5)(i)(A) Once every calendar month, 

beginning May 21, 2014 and ending on 

June 22, 2018, the medical examiner 

must electronically transmit to the 

Director, Office of Carrier, Driver and 

Vehicle Safety Standards, via a secure 

Web account on the National Registry, 

a completed CMV Driver Medical 

Examination Results Form, MCSA– 

5850. The Form must include all 

information specified for each medical 

examination conducted during the 

previous month for any driver who is 

required to be examined by a medical 

examiner listed on the National Registry 

of Certified Medical Examiners. 

(B) Beginning June 22, 2018 by 

midnight (local time) of the next 

calendar day after the medical examiner 

completes a medical examination for 

any driver who is required to be 

examined by a medical examiner listed 

on the National Registry of Certified 

Medical Examiners, the medical 

examiner must electronically transmit to 

the Director, Office of Carrier, Driver 

and Vehicle Safety Standards, via a 

secure FMCSA-designated Web site, a 

completed CMV Driver Medical 

Examination Results Form, MCSA– 

5850. The Form must include all 

information specified for each medical 

examination conducted for each driver 

who is required to be examined by a 

medical examiner listed on the National 

Registry of Certified Medical Examiners 

in accordance with the provisions of 

this subpart E, and should also include 

information for each driver who is 

required by a State to be examined by 

a medical examiner listed on the 

National Registry of Certified Medical 

Examiners in accordance with the 

provisions of this subpart E and any 

variances from those provisions adopted 

by such State. 

(ii) Beginning on May 21, 2014, if the 

medical examiner does not perform a 

medical examination of any driver who 

is required to be examined by a medical 

examiner listed on the National Registry 

of Certified Medical Examiners during 

any calendar month, the medical 

examiner must report that fact to 

FMCSA, via a secure FMCSAdesignated Web site, by the close of 

business on the last day of such month. 

(h) The medical examiner’s certificate 

shall be completed in accordance with 

the following Form MCSA–5876, 

Medical Examiner’s Certificate. 

* * * * * 

■ 11. Amend § 391.45 by revising 

paragraphs (b)(2) and (c), and adding 

new paragraph (d) to read as follows: 

§ 391.45 Persons who must be medically 

examined and certified. 

* * * * * 

(b) * * * 

(2) Any driver authorized to operate a 

commercial motor vehicle only with an 

exempt intracity zone pursuant to 

§ 391.62, or only by operation of the 

exemption in § 391.64, if such driver 

has not been medically examined and 

certified as qualified to drive in such 

zone during the preceding 12 months; 

(c) Any driver whose ability to 

perform his/her normal duties has been 


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22822 Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Rules and Regulations 

impaired by a physical or mental injury 

or disease; and 

(d) Beginning June 22, 2018, 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. 

■ 12. Amend § 391.51 by revising 

paragraphs (b)(7)(i) and (ii), and (b)(9) to 

read as follows: 

§ 391.51 General requirements for driver 

qualification files. 

* * * * * 

(b) * * * 

(7)(i) The medical examiner’s 

certificate as required by § 391.43(g) or 

a legible copy of the certificate. 

(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, 2015 

a non-excepted, interstate CDL holder 

without medical certification status 

information on the CDLIS motor vehicle 

record is designated ‘‘not-certified’’ to 

operate a CMV in interstate commerce. 

After January 30, 2015 and until June 

22, 2018, 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)(i) For drivers not 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)(1). 

(ii) Until June 22, 2018, 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). 

* * * * * 

■ 13. Add Appendix A to Part 391 to 

read as follows: 

Appendix A to Part 391—Medical 

Advisory Criteria 

I. Introduction 

This appendix contains the Agency’s 

guidelines in the form of Medical Advisory 

Criteria 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, and, in some areas, after 

consideration of recommendations from the 

Federal Motor Carrier Safety 

Administration’s Medical Review Board and 

Medical Expert Panels. 

II. Interpretation of Medical Standards 

Since the issuance of the regulations for 

physical qualifications of commercial motor 

vehicle drivers, the Federal Motor Carrier 

Safety Administration has published 

recommendations called Advisory Criteria to 

help medical examiners in determining 

whether a driver meets the physical 

qualifications for commercial driving. These 

recommendations have been condensed to 

provide information to medical examiners 

that is directly relevant to the physical 

examination and is not already included in 

the Medical Examination Report Form. 

A. Loss of Limb: § 391.41(b)(1) 

A person is physically qualified to drive a 

commercial motor vehicle if that person: Has 

no loss of a foot, leg, hand or an arm, or has 

been granted a Skills Performance Evaluation 

certificate pursuant to § 391.49. 

B. Limb Impairment: § 391.41(b)(2) 

1. A person is physically qualified to drive 

a commercial motor vehicle if that person: 

Has no impairment of: 

(i) A hand or finger which interferes with 

prehension or power grasping; or 

(ii) An arm, foot, or leg which interferes 

with the ability to perform normal tasks 

associated with operating a commercial 

motor vehicle; or 

(iii) Any other significant limb defect or 

limitation which interferes with the ability to 

perform normal tasks associated with 

operating a commercial motor vehicle; or 

(iv) Has been granted a Skills Performance 

Evaluation certificate pursuant to § 391.49. 

2. A person who suffers loss of a foot, leg, 

hand or arm or whose limb impairment in 

any way interferes with the safe performance 

of normal tasks associated with operating a 

commercial motor vehicle is subject to the 

Skills Performance Evaluation Certificate 

Program pursuant to § 391.49, assuming the 

person is otherwise qualified. 

3. With the advancement of technology, 

medical aids and equipment modifications 

have been developed to compensate for 

certain disabilities. The Skills Performance 

Evaluation Certificate Program (formerly the 

Limb Waiver Program) was designed to allow 

persons with the loss of a foot or limb or with 

functional impairment to qualify under the 

Federal Motor Carrier Safety Regulations by 

use of prosthetic devices or equipment 

modifications which enable them to safely 

operate a commercial motor vehicle. Since 

there are no medical aids equivalent to the 

original body or limb, certain risks are still 

present, and thus restrictions may be 

included on individual Skills Performance 

Evaluation certificates when a State Director 

for the Federal Motor Carrier Safety 

Administration determines they are 

necessary to be consistent with safety and 

public interest. 

4. If the driver is found otherwise 

medically qualified (§ 391.41(b)(3) through 

(13)), the medical examiner must check on 

the Medical Examiner’s Certificate that the 

driver is qualified only if accompanied by a 

Skills Performance Evaluation certificate. 

The driver and the employing motor carrier 

are subject to appropriate penalty if the 

driver operates a motor vehicle in interstate 

or foreign commerce without a current Skill 

Performance Evaluation certificate for his/her 

physical disability. 

C. Diabetes: § 391.41(b)(3) 

1. A person is physically qualified to drive 

a commercial motor vehicle if that person: 

Has no established medical history or clinical 

diagnosis of diabetes mellitus currently 

requiring insulin for control. 

2. Diabetes mellitus is a disease which, on 

occasion, can result in a loss of 

consciousness or disorientation in time and 

space. Individuals who require insulin for 

control have conditions which can get out of 

control by the use of too much or too little 

insulin, or food intake not consistent with 

the insulin dosage. Incapacitation may occur 

from symptoms of hyperglycemic or 

hypoglycemic reactions (drowsiness, semi 

consciousness, diabetic coma or insulin 

shock). 

3. The administration of insulin is, within 

itself, a complicated process requiring 

insulin, syringe, needle, alcohol sponge and 

a sterile technique. Factors related to longhaul commercial motor vehicle operations, 

such as fatigue, lack of sleep, poor diet, 

emotional conditions, stress, and 

concomitant illness, compound the dangers, 

the Federal Motor Carrier Safety 

Administration has consistently held that a 

diabetic who uses insulin for control does 

not meet the minimum physical 

requirements of the Federal Motor Carrier 

Safety Regulations. 

4. Hypoglycemic drugs, taken orally, are 

sometimes prescribed for diabetic 

individuals to help stimulate natural body 

production of insulin. If the condition can be 

controlled by the use of oral medication and 

diet, then an individual may be qualified 

under the present rule. Commercial motor 

vehicle drivers who do not meet the Federal 

diabetes standard may call (202) 366–4001 

for an application for a diabetes exemption. 

D. Cardiovascular Condition: § 391.41(b)(4) 

1. A person is physically qualified to drive 

a commercial motor vehicle if that person: 

Has no current clinical diagnosis of 

myocardial infarction, angina pectoris, 

coronary insufficiency, thrombosis or any 

other cardiovascular disease of a variety 

known to be accompanied by syncope, 

dyspnea, collapse or congestive cardiac 

failure. 

2. The term ‘‘has no current clinical 

diagnosis of’’ is specifically designed to 

encompass: ‘‘a clinical diagnosis of’’ a 

current cardiovascular condition, or a 

cardiovascular condition which has not fully 

stabilized regardless of the time limit. The 

term ‘‘known to be accompanied by’’ is 

designed to include a clinical diagnosis of a 

cardiovascular disease which is accompanied 

by symptoms of syncope, dyspnea, collapse 

or congestive cardiac failure; and/or which is 

s likely to cause syncope, dyspnea, collapse 

or congestive cardiac failure. 

3. It is the intent of the Federal Motor 

Carrier Safety Regulations to render 

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Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Rules and Regulations 22823 

unqualified, a driver who has a current 

cardiovascular disease which is accompanied 

by and/or likely to cause symptoms of 

syncope, dyspnea, collapse, or congestive 

cardiac failure. However, the subjective 

decision of whether the nature and severity 

of an individual’s condition will likely cause 

symptoms of cardiovascular insufficiency is 

on an individual basis and qualification rests 

with the medical examiner and the motor 

carrier. In those cases where there is an 

occurrence of cardiovascular insufficiency 

(myocardial infarction, thrombosis, etc.), it is 

suggested before a driver is certified that he 

or she have a normal resting and stress 

electrocardiogram, no residual complications 

and no physical limitations, and is taking no 

medication likely to interfere with safe 

driving. 

4. Coronary artery bypass surgery and 

pacemaker implantation are remedial 

procedures and thus, not medically 

disqualifying. Implantable cardioverter 

defibrillators are disqualifying due to risk of 

syncope. Coumadin is a medical treatment 

which can improve the health and safety of 

the driver and should not, by its use, 

medically disqualify the commercial motor 

vehicle driver. The emphasis should be on 

the underlying medical condition(s) which 

require treatment and the general health of 

the driver. The Federal Motor Carrier Safety 

Administration should be contacted at (202) 

366–4001 for additional recommendations 

regarding the physical qualification of drivers 

on coumadin. 

E. Respiratory Dysfunction: § 391.41(b)(5) 

1. A person is physically qualified to drive 

a commercial motor vehicle if that person: 

Has no established medical history or clinical 

diagnosis of a respiratory dysfunction likely 

to interfere with ability to control and drive 

a commercial motor vehicle safely. 

2. Since a driver must be alert at all times, 

any change in his or her mental state is in 

direct conflict with highway safety. Even the 

slightest impairment in respiratory function 

under emergency conditions (when greater 

oxygen supply is necessary for performance) 

may be detrimental to safe driving. 

3. There are many conditions that interfere 

with oxygen exchange and may result in 

incapacitation, including emphysema, 

chronic asthma, carcinoma, tuberculosis, 

chronic bronchitis and sleep apnea. If the 

medical examiner detects a respiratory 

dysfunction, that in any way is likely to 

interfere with the driver’s ability to safely 

control and drive a commercial motor 

vehicle, the driver must be referred to a 

specialist for further evaluation and therapy. 

Anticoagulation therapy for deep vein 

thrombosis and/or pulmonary 

thromboembolism is not medically 

disqualifying once optimum dose is 

achieved, provided lower extremity venous 

examinations remain normal and the treating 

physician gives a favorable recommendation. 

F. Hypertension: § 391.41(b)(6) 

1. A person is physically qualified to drive 

a commercial motor vehicle if that person: 

Has no current clinical diagnosis of high 

blood pressure likely to interfere with ability 

to operate a commercial motor vehicle safely. 

2. Hypertension alone is unlikely to cause 

sudden collapse; however, the likelihood 

increases when target organ damage, 

particularly cerebral vascular disease, is 

present. This regulatory criteria is based on 

the Federal Motor Carrier Safety 

Administration’s Cardiovascular Advisory 

Guidelines for the Examination of 

commercial motor vehicle Drivers, which 

used the Sixth Report of the Joint National 

Committee on Detection, Evaluation, and 

Treatment of High Blood Pressure (1997). 

3. Stage 1 hypertension corresponds to a 

systolic blood pressure of 140–159 mmHg 

and/or a diastolic blood pressure of 90–99 

mmHg. The driver with a blood pressure in 

this range is at low risk for hypertensionrelated acute incapacitation and may be 

medically certified to drive for a one-year 

period. Certification examinations should be 

done annually thereafter and should be at or 

less than 140/90. If less than 160/100, 

certification may be extended one time for 3 

months. 

4. A blood pressure of 160–179 systolic 

and/or 100–109 diastolic is considered Stage 

2 hypertension, and the driver is not 

necessarily unqualified during evaluation 

and institution of treatment. The driver is 

given a one-time certification of three months 

to reduce his or her blood pressure to less 

than or equal to 140/90. A blood pressure in 

this range is an absolute indication for antihypertensive drug therapy. Provided 

treatment is well tolerated and the driver 

demonstrates a blood pressure value of 140/ 

90 or less, he or she may be certified for one 

year from date of the initial exam. The driver 

is certified annually thereafter. 

5. A blood pressure at or greater than 180 

(systolic) and 110 (diastolic) is considered 

Stage 3, high risk for an acute blood pressurerelated event. The driver may not be 

qualified, even temporarily, until reduced to 

140/90 or less and treatment is well tolerated. 

The driver may be certified for 6 months and 

biannually (every 6 months) thereafter if at 

recheck blood pressure is 140/90 or less. 

6. Annual recertification is recommended 

if the medical examiner does not know the 

severity of hypertension prior to treatment. 

An elevated blood pressure finding should be 

confirmed by at least two subsequent 

measurements on different days. 

7. Treatment includes nonpharmacologic 

and pharmacologic modalities as well as 

counseling to reduce other risk factors. Most 

antihypertensive medications also have side 

effects, the importance of which must be 

judged on an individual basis. Individuals 

must be alerted to the hazards of these 

medications while driving. Side effects of 

somnolence or syncope are particularly 

undesirable in commercial motor vehicle 

drivers. 

8. Secondary hypertension is based on the 

above stages. Evaluation is warranted if 

patient is persistently hypertensive on 

maximal or near-maximal doses of 2–3 

pharmacologic agents. Some causes of 

secondary hypertension may be amenable to 

surgical intervention or specific 

pharmacologic disease. 

G. Rheumatic, Arthritic, Orthopedic, 

Muscular, Neuromuscular or Vascular 

Disease: § 391.41(b)(7) 

1. A person is physically qualified to drive 

a commercial motor vehicle if that person: 

Has no established medical history or clinical 

diagnosis of rheumatic, arthritic, orthopedic, 

muscular, neuromuscular or vascular disease 

which interferes with the ability to control 

and operate a commercial motor vehicle 

safely. 

2. Certain diseases are known to have acute 

episodes of transient muscle weakness, poor 

muscular coordination (ataxia), abnormal 

sensations (paresthesia), decreased muscular 

tone (hypotonia), visual disturbances and 

pain which may be suddenly incapacitating. 

With each recurring episode, these symptoms 

may become more pronounced and remain 

for longer periods of time. Other diseases 

have more insidious onsets and display 

symptoms of muscle wasting (atrophy), 

swelling and paresthesia which may not 

suddenly incapacitate a person but may 

restrict his/her movements and eventually 

interfere with the ability to safely operate a 

motor vehicle. In many instances these 

diseases are degenerative in nature or may 

result in deterioration of the involved area. 

3. Once the individual has been diagnosed 

as having a rheumatic, arthritic, orthopedic, 

muscular, neuromuscular or vascular disease, 

then he/she has an established history of that 

disease. The physician, when examining an 

individual, should consider the following: 

The nature and severity of the individual’s 

condition (such as sensory loss or loss of 

strength); the degree of limitation present 

(such as range of motion); the likelihood of 

progressive limitation (not always present 

initially but may manifest itself over time); 

and the likelihood of sudden incapacitation. 

If severe functional impairment exists, the 

driver does not qualify. In cases where more 

frequent monitoring is required, a certificate 

for a shorter period of time may be issued. 

H. Epilepsy: § 391.41(b)(8) 

1. A person is physically qualified to drive 

a commercial motor vehicle if that person: 

Has no established medical history or clinical 

diagnosis of epilepsy or any other condition 

which is likely to cause loss of consciousness 

or any loss of ability to control a motor 

vehicle. 

2. Epilepsy is a chronic functional disease 

characterized by seizures or episodes that 

occur without warning, resulting in loss of 

voluntary control which may lead to loss of 

consciousness and/or seizures. Therefore, the 

following drivers cannot be qualified: 

(i) A driver who has a medical history of 

epilepsy; 

(ii) A driver who has a current clinical 

diagnosis of epilepsy; or 

(ii) A driver who is taking antiseizure 

medication. 

3. If an individual has had a sudden 

episode of a nonepileptic seizure or loss of 

consciousness of unknown cause which did 

not require antiseizure medication, the 

decision as to whether that person’s 

condition will likely cause loss of 

consciousness or loss of ability to control a 

motor vehicle is made on an individual basis 

by the medical examiner in consultation with 

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22824 Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Rules and Regulations 

the treating physician. Before certification is 

considered, it is suggested that a 6 month 

waiting period elapse from the time of the 

episode. Following the waiting period, it is 

suggested that the individual have a 

complete neurological examination. If the 

results of the examination are negative and 

antiseizure medication is not required, then 

the driver may be qualified. 

4. In those individual cases where a driver 

has a seizure or an episode of loss of 

consciousness that resulted from a known 

medical condition (e.g., drug reaction, high 

temperature, acute infectious disease, 

dehydration or acute metabolic disturbance), 

certification should be deferred until the 

driver has fully recovered from that 

condition and has no existing residual 

complications, and not taking antiseizure 

medication. 

5. Drivers with a history of epilepsy/

seizures off antiseizure medication and 

seizure-free for 10 years may be qualified to 

drive a commercial motor vehicle in 

interstate commerce. Interstate drivers with a 

history of a single unprovoked seizure may 

be qualified to drive a commercial motor 

vehicle in interstate commerce if seizure-free 

and off antiseizure medication for a 5-year 

period or more. 

I. Mental Disorders: § 391.41(b)(9) 

1. A person is physically qualified to drive 

a commercial motor vehicle if that person: 

Has no mental, nervous, organic or functional 

disease or psychiatric disorder likely to 

interfere with ability to drive a motor vehicle 

safely. 

2. Emotional or adjustment problems 

contribute directly to an individual’s level of 

memory, reasoning, attention, and judgment. 

These problems often underlie physical 

disorders. A variety of functional disorders 

can cause drowsiness, dizziness, confusion, 

weakness or paralysis that may lead to 

incoordination, inattention, loss of functional 

control and susceptibility to accidents while 

driving. Physical fatigue, headache, impaired 

coordination, recurring physical ailments 

and chronic ‘‘nagging’’ pain may be present 

to such a degree that certification for 

commercial driving is inadvisable. Somatic 

and psychosomatic complaints should be 

thoroughly examined when determining an 

individual’s overall fitness to drive. 

Disorders of a periodically incapacitating 

nature, even in the early stages of 

development, may warrant disqualification. 

3. Many bus and truck drivers have 

documented that ‘‘nervous trouble’’ related to 

neurotic, personality, or emotional or 

adjustment problems is responsible for a 

significant fraction of their preventable 

accidents. The degree to which an individual 

is able to appreciate, evaluate and adequately 

respond to environmental strain and 

emotional stress is critical when assessing an 

individual’s mental alertness and flexibility 

to cope with the stresses of commercial 

motor vehicle driving. 

4. When examining the driver, it should be 

kept in mind that individuals who live under 

chronic emotional upsets may have deeply 

ingrained maladaptive or erratic behavior 

patterns. Excessively antagonistic, 

instinctive, impulsive, openly aggressive, 

paranoid or severely depressed behavior 

greatly interfere with the driver’s ability to 

drive safely. Those individuals who are 

highly susceptible to frequent states of 

emotional instability (schizophrenia, 

affective psychoses, paranoia, anxiety or 

depressive neuroses) may warrant 

disqualification. Careful consideration 

should be given to the side effects and 

interactions of medications in the overall 

qualification determination. 

J. Vision: § 391.41(b)(10) 

1. A person is physically qualified to drive 

a commercial motor vehicle if that person: 

Has distant visual acuity of at least 20/40 

(Snellen) in each eye with or without 

corrective lenses or visual acuity separately 

corrected to 20/40 (Snellen) or better with 

corrective lenses, distant binocular acuity of 

at least 20/40 (Snellen) in both eyes with or 

without corrective lenses, field of vision of at 

least 70 degrees in the horizontal meridian in 

each eye, and the ability to recognize the 

colors of traffic signals and devices showing 

standard red, green, and amber. 

2. The term ‘‘ability to recognize the colors 

of’’ is interpreted to mean if a person can 

recognize and distinguish among traffic 

control signals and devices showing standard 

red, green and amber, he or she meets the 

minimum standard, even though he or she 

may have some type of color perception 

deficiency. If certain color perception tests 

are administered, (such as Ishihara, 

Pseudoisochromatic, Yarn) and doubtful 

findings are discovered, a controlled test 

using signal red, green and amber may be 

employed to determine the driver’s ability to 

recognize these colors. 

3. Contact lenses are permissible if there is 

sufficient evidence to indicate that the driver 

has good tolerance and is well adapted to 

their use. Use of a contact lens in one eye for 

distance visual acuity and another lens in the 

other eye for near vision is not acceptable, 

nor telescopic lenses acceptable for the 

driving of commercial motor vehicles. 

4. If an individual meets the criteria by the 

use of glasses or contact lenses, the following 

statement shall appear on the Medical 

Examiner’s Certificate: ‘‘Qualified only if 

wearing corrective lenses.’’ commercial 

motor vehicle drivers who do not meet the 

Federal vision standard may call (202) 366– 

4001 for an application for a vision 

exemption. 

K. Hearing: § 391.41(b)(11) 

1. A person is physically qualified to drive 

a commercial motor vehicle if that person: 

First perceives a forced whispered voice in 

the better ear at not less than 5 feet with or 

without the use of a hearing aid, or, if tested 

by use of an audiometric device, does not 

have an average hearing loss in the better ear 

greater than 40 decibels at 500 Hz, 1,000 Hz, 

and 2,000 Hz with or without a hearing aid 

when the audiometric device is calibrated to 

American National Standard (formerly ADA 

Standard) Z24.5–1951. 

2. Since the prescribed standard under the 

Federal Motor Carrier Safety Regulations is 

from the American National Standards 

Institute, formerly the American Standards 

Association, it may be necessary to convert 

the audiometric results from the International 

Organization for Standardization standard to 

the American National Standards Institute 

standard. Instructions are included on the 

Medical Examination Report Form. 

3. If an individual meets the criteria by 

using a hearing aid, the driver must wear that 

hearing aid and have it in operation at all 

times while driving. Also, the driver must be 

in possession of a spare power source for the 

hearing aid. 

4. For the whispered voice test, the 

individual should be stationed at least 5 feet 

from the medical examiner with the ear being 

tested turned toward the medical examiner. 

The other ear is covered. Using the breath 

which remains after a normal expiration, the 

medical examiner whispers words or random 

numbers such as 66, 18, 3, etc. The medical 

examiner should not use only sibilants (s 

sounding materials). The opposite ear should 

be tested in the same manner. 

5. If the individual fails the whispered 

voice test, the audiometric test should be 

administered. If an individual meets the 

criteria by the use of a hearing aid, the 

following statement must appear on the 

Medical Examiner’s Certificate ‘‘Qualified 

only when wearing a hearing aid.’’ 

L. Drug Use: § 391.41(b)(12) 

1. A person is physically qualified to drive 

a commercial motor vehicle if that person 

does not use any drug or substance identified 

in 21 CFR 1308.11, an amphetamine, a 

narcotic, or other habit-forming drug. A 

driver may use a non-Schedule I drug or 

substance that is identified in the other 

Schedules in 21 CFR part 1308 if the 

substance or drug is prescribed by a licensed 

medical practitioner who: 

(i) Is familiar with the driver’s medical 

history, and assigned duties; and 

(ii) Has advised the driver that the 

prescribed substance or drug will not 

adversely affect the driver’s ability to safely 

operate a commercial motor vehicle. 

2. This exception does not apply to 

methadone. The intent of the medical 

certification process is to medically evaluate 

a driver to ensure that the driver has no 

medical condition which interferes with the 

safe performance of driving tasks on a public 

road. If a driver uses an amphetamine, a 

narcotic or any other habit-forming drug, it 

may be cause for the driver to be found 

medically unqualified. If a driver uses a 

Schedule I drug or substance, it will be cause 

for the driver to be found medically 

unqualified. Motor carriers are encouraged to 

obtain a practitioner’s written statement 

about the effects on transportation safety of 

the use of a particular drug. 

3. A test for controlled substances is not 

required as part of this biennial certification 

process. The Federal Motor Carrier Safety 

Administration or the driver’s employer 

should be contacted directly for information 

on controlled substances and alcohol testing 

under Part 382 of the FMCSRs. 

4. The term ‘‘uses’’ is designed to 

encompass instances of prohibited drug use 

determined by a physician through 

established medical means. This may or may 

not involve body fluid testing. If body fluid 

testing takes place, positive test results 

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Federal Register / Vol. 80, No. 78 / Thursday, April 23, 2015 / Rules and Regulations 22825 

should be confirmed by a second test of 

greater specificity. The term ‘‘habit-forming’’ 

is intended to include any drug or 

medication generally recognized as capable 

of becoming habitual, and which may impair 

the user’s ability to operate a commercial 

motor vehicle safely. 

5. The driver is medically unqualified for 

the duration of the prohibited drug(s) use and 

until a second examination shows the driver 

is free from the prohibited drug(s) use. 

Recertification may involve a substance 

abuse evaluation, the successful completion 

of a drug rehabilitation program, and a 

negative drug test result. Additionally, given 

that the certification period is normally two 

years, the medical examiner has the option 

to certify for a period of less than 2 years if 

this medical examiner determines more 

frequent monitoring is required. 

M. Alcoholism: § 391.41(b)(13) 

1. A person is physically qualified to drive 

a commercial motor vehicle if that person: 

Has no current clinical diagnosis of 

alcoholism. 

2. The term ‘‘current clinical diagnosis of’’ 

is specifically designed to encompass a 

current alcoholic illness or those instances 

where the individual’s physical condition 

has not fully stabilized, regardless of the time 

element. If an individual shows signs of 

having an alcohol-use problem, he or she 

should be referred to a specialist. After 

counseling and/or treatment, he or she may 

be considered for certification. 

Issued under the authority delegated in 49 

CFR 1.87 on: April 15, 2015. 

T.F. Scott Darling, III, 

Chief Counsel. 

[FR Doc. 2015–09053 Filed 4–22–15; 8:45 am] 

BILLING CODE 4910–EX–P 

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