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Federal Register/Vol. 73, No. 231/Monday, December 1, 2008/Rules and Regulations 73109
<br /> unsafe behavior.CVSA expressed York DMV,First Advantage,CVSA, of the compliance date of this rule and
<br /> concern that a driver might attempt to Vermont DMV,and an individual CDLIS modernization efforts required by
<br /> circumvent providing a medical medical examiner agree that this offense SAFETEA–LU.
<br /> examiner's certificate by self-certifying should included under the a.Compliance Date Sooner than 3
<br /> to operate only in excepted or intrastate disqualification rules.Other years.Advocates suggest implementing
<br /> commerce.It then asks how commenters,such as J.B.Hunt and a shorter time frame for compliance
<br /> enforcement personnel will know what ATA,believe that there should be a with these requirements than the
<br /> actions to take.CVSA argues that such penalty severe enough to discourage Agency proposed in the NPRM.They
<br /> drivers could circumvent the medical unsafe behavior,but do not specifically describe a need for reforms and
<br /> certification requirement and continue suggest making the offense a improvements in CDLIS and note that
<br /> to operate CMVs without meeting the disqualification violation in the uncorrected problems adversely impact
<br /> qualifications standards of the FMCSRs. FMCSRs.The Teamsters,the Michigan the benefits of the proposal.
<br /> At a minimum,CVSA recommends Department of State,Delaware DOT,and Nevertheless,Advocates believe that the
<br /> that CDL drivers found operating in Landstar Systems do not support adding proposed integration should not be
<br /> non-excepted,interstate commerce with a new disqualifying offense under 49 delayed until CDLIS is upgraded via
<br /> a medical certification status of"not- CFR 383.51. CDLIS modernization because some part
<br /> certified"should be placed out-of- FMCSA Response:FMCSA agrees of the safety benefits could be achieved
<br /> service.J.B.Hunt also advocates that with ATA,J.B.Hunt,and Maryland that if the Agency acts quickly to issue a
<br /> operating a CMV with a"not-certified" the enforcement action against an final rule.
<br /> status should be made an out-of-service uncertified driver should be sufficiently FMCSA Response:It is FMCSA's
<br /> violation,noting that placing a driver severe to discourage the behavior.The established practice to allow States 3
<br /> out-of-service creates a significant Agency also agrees with the commenters years to come into compliance with new
<br /> incentive for the motor carrier not to that such driver behavior exists. regulatory requirements in both the CDL
<br /> allow the driver to operate a CMV when However,upon careful legal review,the and MCSAP programs.Generally,that
<br /> not medically certified.It comments FMCSA determined it does not have the time period allows for any needed
<br /> further that making a medical statutory authority to include such legislative changes,CDLIS software
<br /> certification status of"not-certified"an conduct as a new serious traffic offense changes,and training of State
<br /> out-of-service violation would in§383.51(c). employees for new procedures.
<br /> positively influence safety,since e.Intrastate and Excepted Service After States are in compliance with
<br /> carriers have a vested interest in Restrictions.The New York DMV the technical requirements of the rule
<br /> reducing out-of-service violations.J.B. suggests that the final rule should and are ready to begin receiving the
<br /> Hunt points out that management's time require a restriction for drivers who are medical examiner's certificates from the
<br /> is consumed by performing an claiming the"excepted"status for any drivers,they will need all CDL drivers
<br /> investigation and corrective action— reason and who are not limited to to provide their self-certification of
<br /> when a load is delivered late,the intrastate operation.Because the Agency driving type,and will need to collect
<br /> carrier's profitability is affected. proposed in the NPRM that drivers and post the medical certificates drivers
<br /> FMCSA Response:FMCSA agrees could self-certify to operating CMVs are required to provide them.This rule
<br /> with CVSA and J.B.Hunt that CDL only in intrastate commerce,the Oregon establishes a timeframe for CDL drivers
<br /> drivers and motor carriers need some DOT recommends using a"K" to make the self-certification of driving
<br /> type of deterrent from attempting to restriction to identify drivers licensed type no later than two additional years
<br /> circumvent either the medical for"intrastate"driving only. after the State comes into compliance
<br /> certification requirement for non- FMCSA Response:FMCSA does not with the rule.These compliance dates
<br /> excepted,interstate drivers,or the agree with New York and Oregon's are intended to provide States sufficient
<br /> restrictions of excepted and intrastate proposal that drivers who,in time to incrementally add all CDL
<br /> self-certification.In response to the accordance with§383.71(a)(1),self- drivers'required status information.To
<br /> comments to the docket,including those certify to operate only in either excepted fully implement the rule any faster
<br /> from CVSA and J.B.Hunt,FMCSA notes or intrastate commerce should be would create a significant burden on
<br /> that the final rule adds explicit restricted.The regulations are clear SDLAs,enforcement personnel,and
<br /> requirements at§391.41(a)(3)(i)and(ii), about the type of operations that drivers drivers.
<br /> specifying the medical certification may perform;thus the recommended b.Compliance Date Later than 3
<br /> requirements for non-excepted, restriction will not be imposed.There is Years.State agencies in Minnesota and
<br /> interstate CDL drivers.There are already no requirement for the SDLA to verify Wisconsin do not believe legislation
<br /> civil and criminal sanctions applicable the driver's self-certification.The would be required to implement these
<br /> to a driver operating a CMV without a driver's self-certification required by requirements and think that the 3-year
<br /> required medical certificate. See 49 CFR §383.71(a)(1)establishes procedures period would%e sufficient,particularly
<br /> 390.37.Where there is a substantial that enable enforcement personnel to if adequate funding is received from
<br /> likelihood of serious injury or death, detect whether the driver correctly self- FMCSA.Vermont also thought the 3-
<br /> such a driver can be ordered out-of- certified and to cite the driver for year implementation window for States
<br /> service as an imminent hazard.See also corrective enforcement action,if to achieve compliance would be
<br /> 49 CFR 386.72(b). necessary.If a driver who self-certified acceptable.
<br /> d.Disqualification Offense.Many to operate only in"excepted"commerce State agencies in California,Delaware,
<br /> commenters on the issue of drivers is stopped at the roadside and Louisiana,Michigan,Nebraska,New
<br /> operating without the required medical determined to be operating in other than York,Oregon,Pennsylvania,Texas,
<br /> certification favored implementing a excepted commerce,the driver could be Vermont,and Virginia indicate that new
<br /> disqualifying offense under§383.51. cited and placed out-of-service. legislation might be required for them to
<br /> The California DMV,Maryland State implement the new requirements.
<br /> Highway Administration,Minnesota 13.Implementation Schedule Delaware,Michigan,Oregon,Texas,and
<br /> Department of Public Safety,Wisconsin A number of State agencies and Virginia think that the 3-year
<br /> DOT,Oregon DOT,Advocates,New organizations comme ted on the timing implementation timeframe would be
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