[Federal Register Volume 59, Number 135 (Friday, July 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17175]


[[Page Unknown]]

[Federal Register: July 15, 1994]


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Part VI





Department of Transportation





_______________________________________________________________________



Federal Highway Administration



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49 CFR Part 383



Commercial Driver Physical Fitness as



Part of the Commercial Driver's License Process; Proposed Rule
DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

49 CFR Part 383

[FHWA Docket No. MC-93-23]
RIN 2125-AD20

 

Commercial Driver Physical Fitness as Part of the Commercial 
Driver's License Process

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Advance notice of proposed rulemaking (ANPRM); request for 
comments.

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SUMMARY: The FHWA is requesting comments on whether to include the 
certification of fitness to operate a commercial motor vehicle (CMV) in 
the commercial driver's license (CDL) process. Incorporating the 
commercial driver fitness determination into State-administered CDL 
procedures may allow elimination of the requirement that CMV drivers 
carry a separate medical certificate. The two systems were initially 
developed separately with one being a motor carrier-based medical 
qualification program and the other a State licensing program. However, 
the FHWA believes that logically the two systems should be merged in 
order for the States to make the medical fitness determination at the 
time the license is being issued. Thus, the CDL would be evidence that 
the CMV driver is physically fit as well as operationally qualified to 
operate CMVs safely. This notice also requests comments concerning 
whether such a process could be implemented nationwide.

DATES: Comments must be received on or before November 14, 1994.

ADDRESSES: Submit written, signed comments to FHWA Docket No. MC-93-23, 
Room 4232, HCC-10, Office of Chief Counsel, Federal Highway 
Administration, 400 Seventh Street, SW., Washington, DC 20590. All 
comments received will be available for examination at the above 
address from 8:30 a.m. to 3:30 p.m. e.t., Monday through Friday, except 
legal Federal holidays. Those desiring notification of receipt of 
comments must include a self-addressed, stamped postcard/envelope.

FOR FURTHER INFORMATION CONTACT: Ms. Teresa Doggett, Office of Motor 
Carrier Standards, (202) 366-4001, or Mrs. Allison Smith, Office of 
Chief Counsel, (202) 366-0834, Federal Highway Administration, 400 
Seventh Street, SW., Washington, D.C. 20590. Office hours are from 7:45 
a.m. to 4:15 p.m. e.t., Monday through Friday, except legal Federal 
holidays.

SUPPLEMENTARY INFORMATION:

Background

    The Secretary of Transportation has the authority to establish 
standards for physical fitness that must be met by drivers in 
interstate commerce. 49 U.S.C. 3102 and 49 U.S.C. app. 2505. This 
authority is delegated to the Federal Highway Administrator. 49 CFR 
1.48. The Federal Motor Carrier Safety Regulations (FMCSRs) set forth, 
in 49 CFR 391.11, the fitness standards that drivers must meet to be 
qualified to drive a CMV in interstate commerce. The Commercial Motor 
Vehicle Safety Act of 1986 (CMVSA) provides, in section 12005(a)(8)(49 
U.S.C. app. 2704(a)(8)), that Federal standards may be promulgated to 
require issuance of a certification of fitness to operate a CMV to each 
person who passes a CDL test and may require such person to have a copy 
of such certification in his or her possession whenever operating a 
commercial motor vehicle.
    Currently, 49 CFR 391.45 requires that commercial drivers be 
medically examined and certified as physically qualified once every two 
years in order to operate in interstate commerce. If the driver meets 
the physical qualification standards set forth in 49 CFR 391.41, the 
medical examiner then issues a medical certificate which indicates 
physical fitness to drive (49 CFR 391.43). Drivers must carry this 
certificate while driving (49 CFR 391.41(a)) and employers must 
maintain a copy in the drivers' qualification file (49 CFR 
391.51(b)(1)). Enforcement is primarily through roadside inspections of 
vehicles and drivers or through Federal or State safety compliance 
reviews of the motor carriers.
    In addition, 49 CFR 383.71(a) requires that during the CDL 
application process a person who operates or expects to operate in 
interstate or foreign commerce, or is otherwise subject to 49 CFR 391, 
shall certify that he/she meets the qualification requirements 
contained in Part 391 of that title. In practice, some States rely 
solely on the driver certification while others also require drivers 
who certify that they meet the qualification requirements of Part 391 
to produce the required medical certificate in order to be issued a 
CDL. Before issuing the CDL, a few States also review the medical 
``long form'' that the medical examiner completes to assure that the 
standards are met. It is possible, now that all licensing agencies are 
linked electronically, that medical status information could, as part 
of the driver record, be shared and checked among States in the CDL 
process.

Driver Medical Qualifications as Part of CDL

    There are several benefits to merging the motor carrier-based 
medical qualification program with the State licensing program. First, 
the driver will no longer be required to carry a medical certificate 
since the possession of a CDL will be evidence of a driver's fitness to 
operate a CMV. Secondly, the motor carrier will have no need to 
maintain driver medical qualification files.
    There are specific benefits for State licensing agencies when the 
two systems are merged together. The FHWA believes that a single, 
State-run system would be better able to identify unqualified drivers 
operating without medical cards or with forged cards. The current 
Federal medical qualification program does not provide an opportunity 
for a routine independent review by a medical professional of each 
medical examiner's certification that a driver is qualified under the 
FMCSRs. Currently, only a driver's employer is required to ensure that 
the driver holds a valid medical card. To the extent that the State-run 
medical qualification programs would review doctors' determinations of 
physical fitness or more effectively ensure that every driver does 
carry a valid medical card, these systems are better suited to prevent 
unqualified drivers from operating commercial motor vehicles. Forty-
seven States already review the medical fitness of their intrastate 
drivers through medical advisory boards or other medical review 
processes. Medical advisory boards advise State licensing agencies on 
the medical standards for drivers and they review individual cases, as 
part of the evaluation of drivers who have been identified as having a 
medical condition that may impair safe driving. The FHWA believes that 
these States would be able to integrate interstate commercial drivers 
into their existing medical review programs with little difficulty.
    Recognizing the advantages of linking the demonstration of physical 
fitness with licensing through 49 U.S.C. app. 2704(a)(8), the FHWA has 
contracted with the Association for the Advancement of Automotive 
Medicine (AAAM) and American Association of Motor Vehicle 
Administrators (AAMVA) to explore the options for turning the medical 
qualification responsibility over to the States. The goal of this 
research contract is to explore processes States could use to develop 
and pilot test programs that merge the medical qualification into the 
CDL process. The contractor was requested to:
    (1) Look at existing State medical review programs to determine 
what infrastructure already exists;
    (2) Work with a committee of States to develop standards for State 
medical review programs and prototype programs to be tested in a pilot 
program; and
    (3) Work with the States and the FHWA to oversee and assess the 
pilots.
    Members of the committee of States for this effort are: Arizona, 
California, Connecticut, Florida, Indiana, Maryland, Michigan, New 
York, North Carolina, South Dakota, Texas, Utah, and Wyoming. Four of 
these States--Arizona, Indiana, North Carolina, and Utah--have 
developed prototype medical review programs and are now conducting 
pilot tests. Two States, Alabama and Missouri, not members of the 
original committee of States, also have pilot tests in place.
    Under these pilot tests, the State licensing officials require 
drivers to show proof that they meet the FHWA medical standards in 
order to receive a new CDL or to renew an existing CDL. While each 
pilot test is somewhat different, all include the requirement that each 
driver submit a medical form signed by a medical examiner that shows 
specifically that the driver meets each of the medical standards 
included in 49 CFR 391.41.
    Each of these pilot tests will run for a year. When all are 
completed the contractor will compile the data and evaluate each of the 
pilot tests to determine the feasibility of State implementation. The 
FHWA expects to learn from these pilot tests what types of 
administrative methods and procedures would work best to enable State 
licensing entities to incorporate driver medical fitness determinations 
into the CDL process. The pilot test results will also provide needed 
information about the size and nature of the problem of licensing 
drivers who may not meet the existing standards.

Other FHWA Activities Related to Driver Medical Fitness

    The FHWA has several other ongoing activities that address the many 
issues related to determining driver fitness, which are summarized 
below.

Interstate Medical Waiver Program

    Drivers who do not meet the current vision standards but who do 
meet specific preconditions and agree to comply with certain reporting 
requirements are participating in a waiver program which allows them to 
operate in interstate commerce for at least the duration of the 
program. 57 FR 31458, July 16, 1992. A similar waiver program for 
insulin-using diabetic drivers was initiated on July 29, 1993 (58 FR 
40690). Waiver programs for hearing deficient drivers and those who 
have a history of epilepsy are also under consideration. Under these 
waiver programs, which will each last for approximately three years, 
studies would be undertaken to compare the experience of the group of 
commercial drivers who do not meet current medical standards with that 
of a control group of CMV operators who meet the Federal medical 
qualification standards. The studies will explore the potential 
causative relationship between driving with specific disabilities and 
accident and traffic violation experience.
    The FHWA plans to use the data collected from these waiver programs 
to assist it in making decisions about how or whether existing 
regulations should be amended to accommodate more individualized driver 
qualification determinations and to incorporate them into the CDL 
process.

Motor Carrier Safety Assistance Program (MCSAP) Policy

    In another initiative, the FHWA issued an interim final rule, Motor 
Carrier Safety Assistance Program; Extension of Compliance Date, 
postponing the deadline in Appendix C to Part 350 regarding compatible 
physical qualifications (49 CFR 391.41) for CMV drivers in intrastate 
commerce. 58 FR 40599, July 29, 1993. Under this rule, the States will 
be able to continue to exempt intrastate drivers from the physical 
qualification requirements for an additional three years. Additionally, 
the FHWA is encouraging States to consider developing physical 
qualification waiver programs that are compatible with the FHWA's 
program. In the future, intrastate waivers may also be incorporated 
into the CDL process.

Update of Forms and Materials

    The FHWA is also developing guideline materials for medical 
examiners who certify the medical fitness of commercial drivers. These 
materials will include updated physical examination and certification 
forms, and accompanying materials to provide technical and educational 
assistance to the certifying health care professional. Such materials 
may be used as part of the programs which State licensing entities 
would administer in the future within the CDL process.

International Medical Fitness

    Canada and Mexico currently certify the medical fitness of 
commercial drivers in conjunction with the driver's licensing process. 
The Canadian Provinces utilize the minimum medical qualifications set 
forth in the Canadian ``National Safety Code for Motor Carriers'' to 
assure that each driver is fit. Mexican drivers are medically examined 
before issuance of a Licencia Federal de Conductor and every two years 
thereafter in order to maintain this license.

Questions for Comment

    In this rulemaking, the FHWA is considering requiring the State 
licensing entities to verify that CMV drivers who are subject to the 
physical qualification standards set forth in 49 CFR 391.41 meet those 
standards in order to receive and retain a CDL. State implementation of 
this requirement would then be necessary for a State to avoid the loss 
of a percentage of highway funds for noncompliance.
    The FHWA is soliciting comments that, together with the information 
gained from the pilot projects, will assist the FHWA in developing a 
proposal that could form the basis of a notice of proposed rulemaking. 
For this purpose, information in the following areas is requested.
    1. Could State licensing programs be used to provide an effective 
means to verify compliance with the physical qualification standards 
set forth in 49 CFR 391.41? If so, how should this be accomplished? 
Given the fact that physical fitness is an appropriate licensing issue 
pertaining to CDL applicants, should States be required to examine or 
verify physical qualifications at the time of licensing? Should that 
verification involve more than inspection of a medical certificate? 
Should States be required to track a driver's physical qualification 
status as part of the licensing record?
    2. Do State licensing authorities currently possess sufficient 
authority and resources to determine medical qualifications if that 
function is required as an element of CDL procedures? If the FHWA 
determines, as a result of the waiver programs now in progress, that 
certain persons with disabilities may be allowed to drive in interstate 
commerce, are the States able to make the required individual driver 
qualification determinations for CDL applicants in interstate as well 
as intrastate commerce?
    3. What are the most efficient ways to deal with the differences 
between the two-year medical certification and the CDL renewal terms? 
What is the most appropriate interval for medical recertification? 
Should there be shorter intervals for certain drivers, such as older 
drivers or ones with physical disabilities or medical conditions that 
may be progressive? What data is available to support your position or 
to otherwise assist in determining the appropriate medical 
recertification interval? Are there obstacles to making the licensing 
and medical certification intervals the same?
    4. Should medical examiners be required to be qualified and 
certified to perform driver examinations? What is the most efficient 
means to qualify and certify medical examiners? What are the cost 
considerations? Should there be a national network of medical 
examiners?
    5. If the CDL cannot serve the function of the current medical 
certificate, should drivers continue to carry a separate document to 
show physical fitness? Would an adaptation of the Mexican or Canadian 
systems work, in which the medical certificate is part of the license 
but must be revalidated periodically?
    6. How much variation among State programs is reasonable? For 
example, should all States be required to use one approved medical 
form?
    7. Should all States be required to participate in a medical 
examination or verification program for CDL applicants? If so, when 
should such participation be required?
    8. What should be the role of those who employ or use motor 
carriers in such a system?
    9. What State and industry efficiencies are envisioned with such a 
medical examination or verification program; for example, reduced 
paperwork (driver qualification file) for carriers or reduced time 
being spent by State offices to check medical cards?
    10. How should drivers who are required to meet the physical 
qualifications standards but who do not need CDLs be handled? Should 
State licensing authorities be responsible for assuring that these 
drivers meet the appropriate standards?
    Commenters are not limited to responding to the above questions. 
Commenters may submit any facts or views consistent with the intent of 
this notice.

Rulemaking Analyses and Notices

    All comments received before the close of business on the comment 
closing date indicated above will be considered and will be available 
for examination in the docket at the above address. Comments received 
after the comment closing date will be filed in the docket and will be 
considered to the extent practicable. In addition to late comments, the 
FHWA will also continue to file relevant information in the docket as 
it becomes available after the comment closing date, and interested 
persons should continue to examine the docket for new material. We are 
considering conducting this rulemaking using the regulatory negotiation 
process.

Executive Order 12866 (Regulatory Planning and Review) and DOT 
Regulatory Policies and Procedures

    The action being considered by the FHWA in this document would 
incorporate the commercial driver physical fitness determination into 
the State-administered CDL licensing process. The FHWA has determined 
that the proposed action, if implemented, would be a ``significant 
regulatory action'' under Executive Order 12866 and a significant 
regulation under the regulatory policies and procedures of the 
Department of Transportation because of the substantial public interest 
anticipated in this action. The potential economic impact of this 
proposed rulemaking is not known at this stage. Therefore, a full 
regulatory evaluation has not yet been prepared.

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-
612), the agency will evaluate the effects of this proposal on small 
entities. Following the agency's evaluation, the FHWA will certify 
whether this proposed action will have a significant economic impact on 
a substantial number of small entities.

Executive Order 12612 (Federalism Assessment)

    This action will be analyzed in accordance with the principles and 
criteria contained in Executive Order 12612 to determine whether it has 
sufficient federalism implications to warrant the preparation of a 
Federalism Assessment.

Executive Order 12372 (Intergovernmental Review)

    Catalog of Federal Domestic Assistance Program Number 20.217, Motor 
Carrier Safety. The regulations implementing Executive Order 12372 
regarding intergovernmental consultation on Federal programs and 
activities apply to this program.

Paperwork Reduction Act

    This rule does not contain a collection of information requirement 
for purposes of the Paperwork Reduction Act of 1980, 44 U.S.C. 3501 et 
seq. The information collection requirements relating to the medical 
certification requirement and commercial driver's licensing process 
have been approved by the Office of Management and Budget (OMB) under 
OMB control numbers 2125-0080 and 2125-0542, respectively.

National Environmental Policy Act

    The agency will analyze this action for the purpose of the National 
Environmental Policy Act of 1969 to determine whether this action will 
have any effect on the quality of the environment.

Regulation Identification Number

    A regulation identification number (RIN) is assigned to each 
regulatory action listed in the Unified Agenda of Federal Regulations. 
The Regulatory Information Service Center publishes the Unified Agenda 
in April and October of each year. The RIN contained in the heading of 
this document can be used to cross reference this action with the 
Unified Agenda.

List of Subjects in 49 CFR Part 383

    Driver qualifications, Highways and roads, Highway safety, Motor 
carriers, Motor vehicle safety.

(49 U.S.C. App. 2505; 49 CFR 1.48.)

    Issued on: July 7, 1994.
Rodney E. Slater,
Federal Highway Administrator.
[FR Doc. 94-17175 Filed 7-14-94; 8:45 am]
BILLING CODE 4910-22-P