[Federal Register Volume 81, Number 208 (Thursday, October 27, 2016)]
[Rules and Regulations]
[Pages 74700-74711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25976]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 391
[Docket No. FMCSA-2012-0178]
Physical Qualifications and Examinations: Medical Examination
Report and Medical Examiner's Certificate Forms
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of decision on use of Medical Examination Report and
Medical Examiner's Certificate Forms.
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SUMMARY: FMCSA announces its decision to allow certified Medical
Examiners (MEs) to use the Medical Examination Report (MER) Form, MCSA-
5875, and Medical Examiner's Certificate (MEC), Form MCSA-5876, with
October, November, and December, 2015 revision dates that are located
in the top left corner of the forms until existing stocks are depleted.
For MEs in an office where these forms have been programmed into an
electronic system that will require IT programming, the current
approved versions of the forms should be programmed as soon as
practicable. FMCSA published sample versions of the forms in October
and November 2015 prior to posting fillable Portable Document Format
(PDF) versions in December 2015. Based on the fact that the October and
November 2015 forms contain minor differences yet collect the same
information as the fillable PDF version, FMCSA determined the October
and November versions are acceptable. In addition, MEs are also allowed
to continue to use the versions of the MER Form, MCSA-5875, that
include the Privacy Act Statement on page one until stocks are
depleted. For MEs in an office where these forms have been programmed
into an electronic system that will require IT programming, the current
approved versions of the forms should be programmed as soon as
practicable. The versions of the forms currently posted by FMCSA
include nonsubstantive changes that were approved by the Office of
Management and Budget (OMB) on April 7, 2016 and September 6, 2016, and
no longer include the Privacy Act Statement or a revision date in the
top left corner. State Driver's Licensing Agencies (SDLAs) should not
accept versions of the MEC that have not been approved by OMB, and do
not display both the FMCSA form number (MCSA-5876) and the OMB
expiration date of August 31, 2018.
DATES: This decision is in effect on October 27, 2016.
ADDRESSES: You may search background documents or comments to the
docket for this rule, identified by docket number FMCSA-2012-0178, by
visiting the:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for reviewing documents and comments.
Regulations.gov is available electronically 24 hours each day, 365 days
a year; or
DOT Docket Management Facility (M-30): U.S. Department of
Transportation (DOT), 1200 New Jersey Avenue SE., West Building, Ground
Floor, Room 12-140, Washington, DC 20590-0001.
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.
FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division, Office of Policy, Federal Motor Carrier
Safety Administration, 1200 New Jersey Avenue SE., Washington, DC
20590; telephone (202) 366-4001; [email protected]. If you have
questions about viewing or submitting material to the docket, contact
Docket Services, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Background
On April 23, 2015, FMCSA published a final rule adopting
regulations to facilitate the electronic transmission of MEC
information from FMCSA's National Registry system to SDLAs for holders
of Commercial Driver's Licenses (CDL) and Commercial Learner's Permits
(CLP). The final rule also requires the use of the prescribed MER Form,
MCSA-5875, in place of the MER and the prescribed MEC, Form MCSA-5876,
in place of the MEC. Medical Examiner's Certification Integration (80
FR 22790, April 23, 2015). On August 5, 2015, FMCSA received approval
from OMB, for use of the MER Form, MCSA-5875, and MEC, Form MCSA-5876,
in a fillable Adobe AcrobatTM format.
FMCSA published sample versions of the MER Form, MCSA-5875, and
MEC, Form MCSA-5876, with October and November, 2015 revision dates on
the National Registry Web site with the intent and purpose of educating
MEs regarding the use of new categories on the forms and assisting MEs
in programming electronic medical records prior to the Agency's posting
of the fillable Adobe AcrobatTM versions. At that time, at
least one company that produces regulatory compliance publications and
forms began printing and selling the MER Form, MCSA-5875, and MEC, Form
MCSA-5876, with October and November, 2015 revision dates. On December
14, 2015, FMCSA posted the fillable Adobe AcrobatTM versions
of the MER Form, MCSA-5875, and MEC, Form MCSA-5876, with December 2015
revision dates on the FMCSA and National Registry Web sites. Based on
the fact that the October and November, 2015 forms contain minor
differences yet collect the same information as the fillable Adobe
AcrobatTM versions posted by FMCSA on December 14, 2015,
FMCSA made the decision to allow MEs to use any previously purchased
existing stock of the MER Form, MCSA-5875, and MEC, Form MCSA-5876,
with October or November, 2015 revision dates until stocks are
depleted. For MEs in an office where these forms have been
[[Page 74701]]
programmed into an electronic system that will require IT programming,
the current approved versions of the forms should be programmed as soon
as practicable.
On December 21, 2015, FMCSA published guidance providing a 120-day
grace period during which MEs were allowed to use either the old MER
and MEC or the newly prescribed MER Form, MCSA-5875, and MEC, Form
MCSA-5876, until April 20, 2016 (80 FR 79273).
Subsequently, after receiving OMB approval for nonsubstantive
changes to the forms, FMCSA posted the current versions of the MER
Form, MCSA-5875, and MEC, Form MCSA-5876, on the FMCSA and National
Registry Web sites on April 13, 2016. The current versions include
several OMB approved nonsubstantive and functional changes but no
longer include a revision date in the top left corner. The specific OMB
approved non-substantive and functional changes can be found on the
Office of Information and Regulatory Affairs Web site by selecting the
following link, http://www.reginfo.gov/public/do/PRAViewDocument?ref_nbr=201604-2126-006, and then selecting the link
for ``Justification of Nonmaterial/Non-substantive Change.''
On June 7, 2016, the Department of Transportation's Chief Privacy
Officer and Office of General Counsel reviewed the requirements of the
rulemaking and determined that the collection of information maintained
and held by MEs does not constitute information protected by the
Privacy Act. Therefore, FMCSA submitted to OMB for approval a request
for additional nonsubstantive changes including removal of the Privacy
Act statement on page one of the MER Form, MCSA-5875, and the addition
of disclaimer language regarding the protection of sensitive
information that was approved on September 6, 2016. FMCSA has posted
the current versions of the MER Form, MCSA-5875 and MEC, Form MCSA-5876
on the FMCSA and National Registry Web sites. The additional OMB-
approved non-substantive changes can be found on the Office of
Information and Regulatory Affairs Web site by selecting the following
link http://www.reginfo.gov/public/do/PRAViewDocument?ref_nbr=201604-2126-006, and then selecting the link for ``Justification of
Nonmaterial/Non-substantive Change.''
II. Acceptable Versions of Forms
All changes to the MER and MEC forms since the August 5, 2015, date
on which OMB provided approval for use of the forms were nonsubstantive
in nature. Therefore, MEs are allowed to use MER Form, MCSA-5875, and
MEC, Form MCSA-5876, with October, November, and December, 2015
revision dates until existing stocks are depleted. This includes forms
produced by the private sector with October or November, 2015 revision
dates that FMCSA never intended to be published for use by the public
and fillable forms posted on the FMCSA and National Registry Web sites
on December 14, 2015, as well as the MER Form, MCSA-5875, that includes
the Privacy Act Statement on page one. For MEs in an office where these
forms have been programmed into an electronic system that will require
IT programming, the current approved versions of the forms should be
programmed as soon as practicable. MEs are also encouraged to use the
current versions of the forms that no longer include the Privacy Act
Statement or a revision date in the top left corner, and can be found
on the FMCSA and National Registry Web sites.
Under the provisions of 49 CFR 383.71(h), until June 22, 2018,
commercial motor vehicle (CMV) drivers operating vehicles that require
a CDL or CLP are required to provide SDLAs with an original or a copy
of the MEC, Form MCSA-5876, for entry of the medical certification
status on the driver record. FMCSA has learned that some SDLAs are
refusing to accept from CMV drivers the MEC, Form MCSA-5876, with an
October or November, 2015 revision date. In view of the clarification
in this document of the status of the MEC, Form MCSA-5876, with various
revision dates, FMCSA is directing SDLAs to accept the MEC, Form MCSA-
5876, with October, November, and December, 2015 revision dates until
existing stocks are depleted. SDLAs should also be accepting the
versions that were posted on April 13, 2016, on the FMCSA and National
Registry Web sites that no longer include a revision date in the top
left corner and the current version of the MER Form, MCSA-5875, that is
posted on the FMCSA and National Registry Web sites that no longer
includes the Privacy Act Statement on page one. On the other hand,
SDLAs should not accept versions of the MEC that have not been approved
by OMB and do not display both the FMCSA form number (MCSA-5876) and
the OMB expiration date of August 31, 2018. The final versions of the
forms published on the FMCSA and National Registry Web sites are shown
below for your reference.
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Issued on: October 20, 2016.
T.F. Scott Darling, III,
Administrator.
[FR Doc. 2016-25976 Filed 10-26-16; 8:45 am]
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