[Federal Register Volume 61, Number 142 (Tuesday, July 23, 1996)] [Proposed Rules] [Pages 38133-38135] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-18767] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Highway Administration 49 CFR Parts 383 and 391 [FHWA Docket No. MC-93-23] RIN 2125-AD20 Commercial Driver Physical Qualifications as Part of the Commercial Driver's License Process AGENCY: Federal Highway Administration (FHWA), DOT. ACTION: Notice of first meeting of negotiated rulemaking advisory committee. ----------------------------------------------------------------------- SUMMARY: The FHWA announces the first meeting of an advisory committee (the Committee) established under the Federal Advisory Committee Act and the Negotiated Rulemaking Act to consider the relevant issues and attempt to reach a consensus in developing regulations governing the proposed merger of the State-administered commercial driver's license (CDL) procedures of 49 CFR Part 383 and the driver physical qualifications requirements of 49 CFR Part 391. The Committee is composed of persons who represent the interests that would be substantially affected by the rule. DATES: The first meeting of the advisory committee will begin at 10:00 a.m. on August 7 and 8, 1996. ADDRESSES: The first meeting of the advisory committee will be held in the Nassif Building, U.S. Department of Transportation, 400 Seventh Street, SW., Washington, D.C. Subsequent meetings will be held at locations to be announced. The Committee will meet in room 4438 on August 7 and rooms 3200-3204 on August 8. FOR FURTHER INFORMATION CONTACT: Ms. Teresa Doggett, Office of Motor Carrier Research and Standards, (202) 366-4001, or Ms. Grace Reidy, 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 Federal holidays. SUPPLEMENTARY INFORMATION: Background On April 29, 1996, the FHWA published a notice of intent to establish an advisory committee for regulatory negotiation to develop regulations governing the proposed merger of the State-administered commercial driver's license procedures of 49 CFR Part 383 and the driver physical qualifications requirements of 49 CFR Part 391 (61 FR 18713). The notice requested comment on membership, the interests affected by the rulemaking, the issues the Committee should address, and the procedures it should follow. The notice also announced the May 14 public meeting that was sponsored by the agency. This organizational meeting was held in order to help identify and select organizations or interests to be represented on the Committee. The FHWA received 20 comments on the notice of intent. None of the comments opposed using regulatory negotiation for this rulemaking; most endorsed the process and included requests to serve on the Committee and submitted nominations. Based on the responses to the notice of intent and for the reasons the FHWA stated in that notice, the Department of Transportation has determined that establishing an advisory committee on this subject is necessary and in the public interest. In accordance with section 9(c) of the Federal Advisory Committee Act, the Department of Transportation filed the charter for this Committee on July 12, authorizing the Committee to meet and begin negotiations. The Department has also selected the members of the Committee. Negotiated Rulemaking Process Mediator/Facilitator In the notice of intent, the FHWA stated that it retained the services of a contractor, Mr. Philip J. Harter, to act as a convener and provide advice on the feasibility of using negotiated rulemaking for this rule. The FHWA is pleased to announce that Mr. Harter will be the mediator/facilitator of the Commercial Driver Physical Qualifications Negotiated Rulemaking Advisory Committee. Membership In addition to a mediator/facilitator, the Committee will consist of the following members: Federal Highway Administration American Association of Motor Vehicle Administrators New York (State commercial driver licensing agency) Utah (State commercial driver licensing agency) Wisconsin (State commercial driver licensing agency) Montana (State commercial driver licensing agency) Commercial Vehicle Safety Alliance International Association of Chiefs of Police American Trucking Associations National Private Truck Council National School Transportation Association United Motor Coach Association & American Bus Association (sharing one seat on the Committee) Owner Operator Independent Drivers Association Independent Truckers and Drivers Association Teamsters Union Amalgamated Transit Union Lancer Insurance AI Transport American Insurance Association National Association of Independent Insurers Advocates for Highway and Auto Safety Farmland Industries American College of Occupational and Environmental Medicine Association for Advancement of Automotive Medicine [[Page 38134]] American Academy of Occupational Health Nurses American Academy of Physicians' Assistants The FHWA regrets being unable to accommodate all requests for membership on the Committee. The Committee must be kept to a size that permits effective negotiation, but that ensures all interests have a voice in the negotiation and any ultimate recommendations adopted. Although the FHWA would have preferred a smaller committee, the agency erred on the side of inclusion to be certain that all interests affected by the rulemaking are represented in this process. The Negotiated Rulemaking Act provides that agencies should limit membership on a negotiated rulemaking committee to 25 members, unless the agency head determines that a greater number of members is necessary for the functioning of the committee or to achieve balanced membership. The FHWA recognizes that representation of all significantly affected interests in the negotiation is critical if any rule developed through this process is to achieve widespread support. Therefore, to best serve all who have a significant stake in the outcome of this negotiated rulemaking and to ensure the smooth functioning of the negotiation process, we believe that a 26-member committee is necessary and justified under the statutory standard cited above. The agency did not grant Committee membership to all applicants. For example, the Georgetown University Law Center--Institute for Public Representation and the National Association of the Deaf requested membership on the Committee but were not included. The FHWA deliberated on these applications and determined that these groups sought inclusion on the Committee primarily because of the mistaken belief that the scope of these negotiations would extend to a discussion of changes to the FHWA's physical qualifications standards. For example, in its comments, the Institute for Public Representation stated, ``We assume from this [the April 29 notice] that the committee will in fact consider the substance of the physical qualification standards.'' However, as noted in the April 29 notice, the current physical qualifications standards will not be a subject for discussion during this negotiated rulemaking process; nor will the FHWA's medical waiver programs be a subject for negotiation in this proceeding. In light of the FHWA's multi-year research plan to systematically review and develop revised medical standards, using medical advisory panels, we find that the use of this negotiated rulemaking forum to consider changing the current medical standards is inappropriate. The Committee will only address whether the physical qualification guidelines currently used by the agency to implement the current medical standards should be modified. Therefore, we believe that the interests of disabled drivers operating in interstate commerce in accordance with the Federal qualification standards will not be significantly affected by this negotiated rulemaking in a way that is different from the impacts of this action on the total driver population. Accordingly, the interests of these disabled drivers are effectively represented by the several driver organizations included on the Committee. The FHWA believes that public participation is critical to the success of this proceeding. Participation is not limited to Committee members. Negotiation sessions will be open to the public, so interested parties may observe the negotiations and communicate their views in the appropriate time and manner to Committee members. Also, interested groups or individuals may have the opportunity to participate with working groups of the Committee. The FHWA believes that this form of participation will produce meaningful information and lead to a more effective commercial driver's license/physical qualifications regulation. Of course, the FHWA will invite comment on any proposed rule resulting from the Committee's deliberations. Major Issues In the notice of intent, the FHWA tentatively identified potential topics to consider in the negotiation and asked for comment on whether the issues presented were appropriate and if alternate or additional issues should be considered. Most comments were devoted to membership, and no significant modifications to the potential topics included in the April notice were proposed. Therefore, the list of topics is unchanged. Those topics are: 1. Whether the physical qualifications guidelines currently used by the agency should be modified to more effectively implement the current medical standards. 2. The scope of any medical qualifications tracking system which might be used by law enforcement officials, as well as by carriers interested in medical information, that is not currently available. 3. What is the status of the various federally-funded State Prototype Medical Review pilot programs which explored the merger of the medical qualifications and licensing processes, and what useful information can be utilized from these efforts in drafting a rule on merging CDL and physical qualifications requirements? 4. How much control should various parties have over the medical review process and should the current commonly-used procedure, in which a company directs its drivers to physicians it selects, be replaced entirely or could it simply be modified? For example, should the agency require drivers to submit a medical long form to employers and the appropriate State licensing agency instead of replacing the current system? 5. How can the current physical examination requirements used by medical providers be clarified? How can these requirements and guidelines be more effectively communicated to the medical provider community? 6. Is there a way to allow merger of the separate requirements without burdening the small operator who moves to another State? In this case, although the driver's medical certification would still be valid, he or she might still be required to be recertified in the new State, thus potentially requiring a new certificate and a corresponding fee (e.g. medical reciprocity of old certificate to new States). Once the rulemaking negotiations are underway, Committee members may raise other issues. Procedure and Schedule Those who commented on the notice of intent generally did not address Committee procedures. The FHWA anticipates that all of the negotiation sessions will take place in Washington, D.C. at DOT headquarters. Given the FHWA's limited resources, travel outside of Washington, D.C. for the purpose of holding negotiation sessions is unlikely. Consistent with requirements of the Federal Advisory Committee Act, a clear and comprehensive record of the Committee's deliberations will be kept and circulated to Committee members. The facilitator will provide an assistant to the Committee to complete these and other duties. The objective of the negotiation, in the FHWA's view, is for the Committee to reach a consensus on how to efficiently and successfully transfer responsibility for medical fitness [[Page 38135]] determinations to State licensing agencies and produce a draft notice of proposed rulemaking for consideration by the agency. The negotiation process will proceed according to a schedule of specific dates that the Committee devises at the first meeting. The FHWA will publish notices of future meetings in the Federal Register. The FHWA has provided direct notice of this meeting to all Committee members and urges all members to attend and participate in this first and important meeting. Authority: 5 U.S.C. Secs. 561-570; 5 U.S.C. App. 2 Secs. 1-15. Issued on: July 19, 1996. Stephen E. Barber, Acting Associate Administrator for Motor Carriers. [FR Doc. 96-18767 Filed 7-19-96; 12:10 pm] BILLING CODE 4910-22-P