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Statement of Need: This rule is required by Public Law 106-159. Section 215 of the Act requires that medical certification information be made part of the CDL. When applying for (or renewing) a CDL, 49 CFR part 383 requires drivers to self-certify whether they are subject to part 391 (Qualifications of Drivers). If they operate in interstate commerce and are not excepted, then part 383 requires these drivers to self-certify whether they meet the physical qualification requirements of part 391. Part 383 does not currently require drivers to provide any proof regarding their physical qualification to operate a CMV in order to obtain or retain a CDL. This rulemaking would require interstate CDL drivers who are not excepted to begin providing to their State driver-licensing agency (SDLA) an original or copy (at the States discretion) of each medical examiners certificate they obtain. The SDLA would modify their implementation of CDLIS and record information on that drivers Commercial Driver License Information System (CDLIS) individual driver record maintained by the State. The new required information would include both the self-certification regarding applicability of part 391, and for interstate drivers who are not excepted, the current medical certification status information. This combination of information about the applicability of part 391 and medical certification status would determine whether a CDL could be issued, transferred, upgraded, renewed, or retained.

Summary of the Legal Basis: Section 215 of the Motor Carrier Safety Improvement Act of 1999 (MCSIA) directed the Secretary of Transportation (Secretary) to initiate a rulemaking to provide for a Federal medical qualification certificate to be made a part of commercial drivers licenses. The physical qualifications requirements in 49 CFR part 391 are based on 49 U.S.C. 31136 and 31502. The physical qualifications standards are at 49 CFR 391.11. Part 391 regulations are applicable only to drivers who operate CMVs, as defined in 49 U.S.C. 31132. Thus, FMCSA interprets section 215 of MCSIA applicable only to interstate CDL holders. The Commercial Motor Vehicle Safety Act of 1986 directed the Secretary to establish licensing standards for drivers that operate CMVs, as defined in 49 U.S.C. 31301. Those operators of CMVs as defined in 49 U.S.C. 31301, who are engaged solely in intrastate commerce, must obtain a CDL but are not required by current Federal regulations to obtain a medical certificate as proof of their physical qualifications to operate commercial vehicles. [49 CFR 383.71(a)(1)]. The Secretary delegated these authorities to FMCSA. [49 CFR § 1.73].

Alternatives: All alternatives require SDLAs to modify CDLIS and record self-certification whether part 391 is applicable, i.e., whether or not driver operates in interstate commerce and is not excepted. If part 391 applicable, SDLA would record medical certification status. Under alternatives 1 and 2, SDLAs receive paper and perform data input. Under alternative 3, SDLAs would receive an electronic CDLIS transaction. Under all three alternatives, the CDLIS driver record maintained by SDLA would serve as official record of whether driver is authorized to operate in interstate commerce and thus is required to be currently medically certified. For drivers subject to part 391 and not excepted, employers would obtain medical certification status on the CDLIS motor vehicle record (MVR) from SDLA, as well as license status. Enforcement personnel would obtain current license status, whether driver operates in interstate commerce, and medical certification status via electronic checks. 1. CDL Renewal Cycle Same as Medical Certificate. Driver provides each medical examiner's certificate to SDLA, which issues new CDL expiring same day as certificate. CDLs issued more often, and drivers pay fees States assess. 2. No Change in CDL Renewal Cycle-Distributed. As in alternative 1, CDL drivers provide each medical examiner's certificate to SDLA. SDLAs develop capability to downgrade CDL if new certification not received by expiration. 3. No Change in CDL Renewal Cycle-Centralized. Certificates go to central location. Status information electronically transmitted to SDLA, which develops capability to electronically receive and record on CDLIS driver record. As in alternative 2, SDLA downgrades CDL if new certificate not received by expiration.

Anticipated Costs and Benefits: A preliminary regulatory evaluation for this rule was prepared and will be placed in the docket when the NPRM is published.

Risks: In addition to assessing costs, the agency is assessing the safety benefits.