
[Federal Register: June 27, 2008 (Volume 73, Number 125)]
[Proposed Rules]               
[Page 36489-36490]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27jn08-27]                         

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 383, 384, 390, and 391

[Docket No. FMCSA-1997-2210]
RIN 2126-AA10

 
Medical Certification Requirements as Part of the Commercial 
Driver's License; Availability of Supplemental Document

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Proposed rule; availability of supplemental document.

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[[Page 36490]]

SUMMARY: This notice advises the public that FMCSA is placing in the 
public docket an additional document that the Agency may rely on in 
support of a final rule to integrate information regarding the medical 
certification status of a driver into the commercial driver's license 
(CDL) process. FMCSA published a notice of proposed rulemaking (NPRM) 
on this matter on November 16, 2006. Because the involved state cost 
analysis document was completed after publication of the NPRM and 
subsequent public comment period, the Agency now dockets and invites 
comment on it.

DATES: Comments on the document are due by July 28, 2008.

ADDRESSES: You may submit comments, identified by docket number FMCSA-
1997-2210, by one of the following methods: Internet, facsimile, 
regular mail, or hand delivery. Please do not submit the same comments 
by more than one method. FMCSA encourages use of the Federal 
eRulemaking portal. It provides the most efficient and timely method of 
receiving and processing your comments.
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the online instructions for submitting 
comments.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility; U.S. Department of 
Transportation; 1200 New Jersey Avenue, SE.; Washington, DC 20590-0001.
     Hand Delivery: Ground floor, Room W12-140, 1200 New Jersey 
Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday 
through Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and 
docket number (FMCSA-1997-2210) or Regulatory Identification Number 
(RIN 2126-AA10) for this action. Note that all comments received will 
be posted without change to http://www.regulations.gov, including any 
personal information provided. Refer to the Privacy Act heading at 
http://www.regulations.gov for further information.
    Privacy Act: Anyone is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review the 
Department of Transportation's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19476) or you may 
visit http://DocketsInfo.dot.gov.
    Submitting Comments:
     You can find electronic submission and retrieval help and 
guidelines under the ``help'' section of the Web site.
     For notification that FMCSA received your comments, please 
include a self-addressed, stamped envelope or postcard, or print the 
acknowledgement page that appears after submitting comments on line.
     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 or on the 
Web site.
     Comments received after the comment closing date will be 
available in the docket and will be considered to the extent it is 
practical.
    FMCSA will continue to put relevant information in the docket as it 
becomes available after the comment period closing date, and interested 
persons should continue to examine the docket for new material.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical 
Programs, FMCSA, Room W64-224, U.S. Department of Transportation, 1200 
New Jersey Avenue, SE., Washington, DC 20590-0001. Telephone: (202) 
366-4001. E-mail address: FMCSAMedical@dot.gov. Office hours are from 
8:30 a.m. to 5 p.m. Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: On November 16, 2006, FMCSA published an 
NPRM on how the Agency proposes to integrate information regarding the 
medical certification status of a driver of a commercial motor vehicle 
into the CDL process (71 FR 66723). This rulemaking is required by 
section 215 of the Motor Carrier Safety Improvement Act of 1999 (MCSIA) 
(Pub. L. 106-159, 113 Stat. 1767, December 9, 1999; set out as a note 
to 49 U.S.C. 31305).
    For a full explanation of this proposal, please see the preamble to 
the NPRM. The docket for this rulemaking (FMCSA-1997-2210) contains the 
NPRM and all of the background information for this rulemaking, 
including comments.
    This notice calls attention to an additional docketed document 
which was not used in developing the NPRM that FMCSA may rely on in 
support of its final rule. Placing this document in the docket now is 
necessary because it only became available after the NPRM was published 
and after conclusion of the comment period established in the NPRM.
    The Agency has placed the state cost analysis document referenced 
below in the docket for this rulemaking and will accept comments on 
this document until July 28, 2008.
    The document that FMCSA is placing in the docket is titled: State 
Cost Analysis to Implement Notice of Proposed Rulemaking (NPRM) dated 
November 16, 2006 titled ``Medical Certification Requirements as Part 
of the CDL,'' prepared for the U.S. Department of Transportation by the 
North American Driver Safety Foundation, October 2007. Several States 
asserted in their comments to the NPRM that they believe the Agency 
underestimated State costs for complying with the proposed rule. They 
requested FMCSA to gather additional data from States on the 
anticipated costs for this proposal. In response, the Agency arranged 
to survey a sample of nine States to evaluate whether the costs to 
States to implement this rule would be different than those used in the 
NPRM. This report describes what cost information was collected and how 
that additional cost information was analyzed to better estimate the 
national costs of implementing the requirements outlined in the NPRM.

    Issued on: June 20, 2008.
John H. Hill,
Administrator.
 [FR Doc. E8-14608 Filed 6-26-08; 8:45 am]

BILLING CODE 4910-EX-P
