[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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