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Agency Information Collection Activities; New Information Collection Request: Non-Insulin-Treated Diabetes Mellitus Assessment Form, MCSA-5872 Publication: Federal Register Agency: Federal Motor Carrier Safety Administration Byline: Thomas P. Keane Date: 24 August 2023 Subjects: American Government  , Driver Licensing
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[Federal Register Volume 88, Number 163 (Thursday, August 24, 2023)]
[Notices]
[Pages 58061-58063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18238]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2021-0183]
Agency Information Collection Activities; New Information
Collection Request: Non-Insulin-Treated Diabetes Mellitus Assessment
Form, MCSA-5872
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice and request for comments.
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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA
announces its plan to submit the information collection request (ICR)
described below to the Office of Management and Budget (OMB) for review
and approval. This information collection (IC) is voluntary and may be
utilized by medical examiners (ME) responsible for issuing Medical
Examiner's Certificates, Form MCSA-5876, to individuals diagnosed with
non-insulin-treated diabetes mellitus who operate commercial motor
vehicles (CMV) in interstate commerce. MEs choosing to use this IC will
do so in an effort to communicate with treating healthcare providers
who manage the diabetes care of individuals diagnosed with non-insulin-
treated diabetes mellitus who operate CMVs. The information obtained by
MEs will assist them in determining whether an individual diagnosed
with non-insulin-treated diabetes mellitus meets FMCSA's physical
qualification standards. One comment from the public was received in
response to the 60-day Federal Register notice.
DATES: Comments must be received on or before September 25, 2023.
ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to www.reginfo.gov/public/do/PRAMain. Find this information
collection by selecting ``Currently under 30-day Review--Open for
Public
[[Page 58062]]
Comments'' or by using the search function.
FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division, FMCSA, DOT, 6th Floor, West Building, 1200
New Jersey Avenue SE, Washington, DC 20590-0001, (202) 366-4001,
fmcsamedical@dot.gov.
SUPPLEMENTARY INFORMATION:
Title: Non-Insulin-Treated Diabetes Mellitus Assessment Form, MCSA-
5872.
OMB Control Number: 2126-00XX.
Type of Request: New collection.
Respondents: Treating healthcare providers of individuals who are
diagnosed with non-insulin treated diabetes mellitus who operate CMVs.
Estimated Number of Respondents: 242,057 respondents.
Estimated Time per Response: 8 minutes.
Expiration Date: N/A. This is a new ICR.
Frequency of Response: Other (Voluntary use at the medical
discretion of the ME).
Estimated Total Annual Burden: 32,274 hours.
Background
The primary mission of FMCSA is to reduce crashes, injuries, and
fatalities involving CMVs (large trucks and buses). CMVs are longer,
heavier, and more difficult to maneuver than automobiles. Not only does
it take a skilled driver to operate them safely, it takes a physically
and mentally fit driver to do so as well. Information used to determine
and certify driver medical fitness helps to promote and maintain safety
on our nation's highways.
FMCSA is required by statute to establish minimum standards for the
physical qualifications of drivers who operate CMVs in interstate
commerce for non-excepted industries (49 U.S.C. 31136(a)(3) and
31502(b)). The regulations applicable to this collection are outlined
in the Federal Motor Carrier Safety Regulations (FMCSRs) at 49 CFR part
391, subpart E. The FMCSRs in Sec. 391.41(b) \1\ set forth the
physical qualification standards that individuals operating CMVs in
interstate commerce who are subject to part 391 must meet. The FMCSRs
covering the performance of the CMV physical qualification examination
of individuals who operate in interstate commerce by an ME and the
related recordkeeping requirements are found at Sec. 391.43. The
results of the examination must be recorded in accordance with the
requirements set forth in that section; they include preparing and
maintaining a Medical Examination Report Form, MCSA-5875, and, if the
individual is physically qualified, issuing a Medical Examiner's
Certificate, Form MCSA-5876.
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\1\ 49 CFR 391.41; Physical qualifications for drivers.
Available at https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-391/subpart-E.
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The FMCSRs in Sec. 391.41(b)(1) through (13) generally include the
physical qualification standards required for the medical certification
of individuals who operate a CMV in interstate commerce. The physical
qualification standards in Sec. 391.46 address the physical
qualification requirements for medical certification of individuals who
are diagnosed with diabetes mellitus and are treated with insulin.
However, the FMCSRs do not specifically address individuals who are
diagnosed with diabetes mellitus and are treated with non-insulin
therapy. The type of diabetes mellitus that is not treated with insulin
(commonly known as Type 2 diabetes) is recognized as a health concern
for the general public.
Non-insulin-treated diabetes mellitus that is not properly managed
and controlled may lead to diabetes complications and/or target organ
damage, and may result in the individual's physical condition being
inadequate to enable the driver to operate a CMV safely. The physical
qualification standards in the FMCSRs broadly address some of the
conditions and symptoms that may be attributable to complications from
non-insulin-treated diabetes mellitus. Examples include the loss of
limb and limb impairment standards (Sec. 391.41(b)(1) and (2)); the
cardiovascular standard (Sec. 391.41(b)(4)); the rheumatic, arthritic,
orthopedic, muscular, neuromuscular, or vascular standard (Sec.
391.41(b)(7)); and the loss of consciousness standard (Sec.
391.41(b)(8)).
In performing a thorough assessment and evaluation of an individual
diagnosed with non-insulin-treated diabetes mellitus, the ME may need
to consult with the individual's treating healthcare provider who
manages the individual's diabetes. The ME may find this helpful in
determining whether the individual has any medical conditions or
symptoms, such as frequent episodes of severe hypoglycemia, that may
prevent the individual from meeting the physical qualification
standards and receiving a Medical Examiner's Certificate, Form MCSA-
5876. This voluntary collection would ensure that the treating
healthcare provider includes the appropriate information, via the Non-
Insulin-Treated Diabetes Mellitus Assessment Form, MCSA-5872, in a
standardized manner, which would assist the ME in making an informed
and sound physical qualification determination.
In May 2021, FMCSA's Medical Review Board (MRB) deliberated on the
topic and contents of a draft Non-Insulin-Treated Diabetes Mellitus
Assessment Form, MCSA-5872 (Task 21-2). FMCSA directed the MRB to
review and comment on whether the information on the proposed form
provided sufficient information concerning the treatment, management,
and control of an individual's non-insulin-treated diabetes mellitus
condition to assist an ME in making an appropriate physical
qualification determination. The Agency also requested that the MRB
identify any areas of ambiguity as well as additional information that
FMCSA should include on the form. Based on its review, the MRB made
some recommendations to improve the clarity and quality of information
on the Non-Insulin-Treated Diabetes Mellitus Assessment Form, MCSA-
5872, which is provided from the individual's treating healthcare
provider to the ME.
There is no required collection frequency for the Non-Insulin-
Treated Diabetes Mellitus Assessment Form, MCSA-5872, because the use
of this IC is voluntary and at the discretion of the ME.
The Non-Insulin-Treated Diabetes Mellitus Assessment Form, MCSA-
5872, will be available as a fillable pdf and may be downloaded from
the FMCSA website. Treating healthcare providers may provide the form
to the individual, or fax or scan and email the form directly to the
ME. Consistent with OMB's commitment to minimizing respondents'
recordkeeping and paperwork burdens and the increased use of secure
electronic modes of communication, the Agency anticipates that
approximately 50 percent of the Non-Insulin-Treated Diabetes Mellitus
Assessment Forms, MCSA-5872, will be transmitted electronically.
The information collected on the Non-Insulin-Treated Diabetes
Mellitus Assessment Form, MCSA-5872, will be used by the ME who
requests completion of the form and will not be available to the
public. The Non-Insulin-Treated Diabetes Mellitus Assessment Form,
MCSA-5872, will become a part of the individual's physical
qualification examination records that are maintained and retained by
the ME for a period of at least 3 years from the date of the
examination.\2\
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\2\ The burden for the ME to file and retain the driver
examination forms is covered in the Medical Qualification
Requirements ICR, OMB Control Number 2126-0006, which is currently
due to expire on March 31, 2025.
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[[Page 58063]]
One comment was received from the American College of Occupational
and Environmental Medicine (ACOEM) in strong support of the IC. ACOEM
stated there is no standardized resource currently available that
provides MEs with a reasonable example of appropriate information to
consider when evaluating the medical qualification of a driver with
non-insulin-treated diabetes mellitus. The ME would be able to use the
information provided to evaluate whether the individual's diabetes
mellitus is stable and controlled and to make an informed and sound
physical qualification determination for the driver. ACOEM also stated
that the burden associated with the form would be reduced if a fillable
form is available. FMCSA notes that a fillable form that can be
downloaded will be available on FMCSA's website.
Public Comments Invited: You are asked to comment on any aspect of
this IC, including: (1) whether the proposed collection is necessary
for FMCSA to perform its functions; (2) the accuracy of the estimated
burden; (3) ways for FMCSA to enhance the quality, usefulness, and
clarity of the collected information; and (4) ways that the burden
could be minimized without reducing the quality of the collected
information.
Issued under the authority of 49 CFR 1.87.
Thomas P. Keane,
Associate Administrator, Office of Research and Registration.
[FR Doc. 2023-18238 Filed 8-23-23; 8:45 am]
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