Agency Information Collection Activities; Request for Comments; Revision of an Approved Information Collection: Medical Qualification Requirements

G. Kelly Regal
Federal Motor Carrier Safety Administration
December 16, 2014

[Federal Register Volume 79, Number 241 (Tuesday, December 16, 2014)]
[Notices]
[Pages 74804-74806]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-29288]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0430]


Agency Information Collection Activities; Request for Comments; 
Revision of an Approved Information Collection: Medical Qualification 
Requirements

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), 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 its 
review and approval and invites public comment. The FMCSA requests to 
revise an ICR entitled, ``Medical Qualification Requirements,'' due to 
updated information for several of the Information Collections (ICs) 
discussed. This ICR is needed to ensure that drivers, motor carriers 
and the States are complying with the medical qualification 
requirements of commercial motor vehicle (CMV) drivers. The information 
collected is used to determine and certify driver medical fitness and 
must be collected in order for our highways to be safe.

DATES: We must receive your comments on or before February 17, 2015.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Docket Number FMCSA-2014-0430 using any of the 
following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Docket Services; U.S. Department of Transportation, 
1200 New Jersey Avenue SE., West Building, Ground Floor, Room W12-140, 
20590-0001.
     Hand Delivery or Courier: West Building, 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. For detailed instructions on submitting comments and 
additional information on the exemption process, see the Public 
Participation heading below. Note that all comments received will be 
posted without change to

[[Page 74805]]

http://www.regulations.gov, including any personal information 
provided. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov, and follow the 
online instructions for accessing the dockets, or go to the street 
address listed above.
    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 DOT's 
complete Privacy Act Statement for the Federal Docket Management System 
published in the Federal Register on January 17, 2008 (73 FR 3316), or 
you may visit http://edocket.access.gpo.gov/2008/pdfE8-794.pdf.
    Public Participation: The Federal eRulemaking Portal is available 
24 hours each day, 365 days each year. You can obtain electronic 
submission and retrieval help and guidelines under the ``help'' section 
of the Federal eRulemaking Portal Web site. If you want us to notify 
you that we received your comments, please include a self-addressed, 
stamped envelope or postcard, or print the acknowledgement page that 
appears after submitting comments online. Comments received after the 
comment closing date will be included in the docket and will be 
considered to the extent practicable.

FOR FURTHER INFORMATION CONTACT: Charles A. Horan III, Director, Office 
of Carrier, Driver, and Vehicle, Safety Standards, Department of 
Transportation, Federal Motor Carrier Safety Administration, West 
Building 6th Floor, 1200 New Jersey Avenue SE., Washington, DC 20590. 
Telephone: 202-366-2362; email charles.horan@dot.gov.

SUPPLEMENTARY INFORMATION:
    Background: CMVs (trucks and buses) are longer, heavier, and more 
difficult to maneuver than automobiles, making them a threat to highway 
safety if not operated properly by qualified individuals. The public 
interest in, and right to have, safe highways requires the assurance 
that drivers of CMVs can safely perform the increased physical and 
mental demands of their duties. FMCSA's medical standards provide this 
assurance by requiring drivers to be examined and medically certified 
as physically and mentally qualified to drive. Therefore, information 
used to determine and certify driver medical fitness must be collected 
in order for our highways to be safe. FMCSA is the Federal government 
agency authorized to require the collection of this information. FMCSA 
is required by statute to establish 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 discussing this collection are outlined in the Federal 
Motor Carrier Safety Regulations (FMCSRs) at 49 CFR 390-399.
    The estimate of the number of CMV drivers and motor carriers 
covered by the IC activities for Physical Qualification Standards and 
the National Registry of Certified Medical Examiners (National 
Registry) reflects both interstate drivers and motor carriers subject 
to the FMCSRs and intrastate drivers and motor carriers subject to 
compatible State regulations. Although Federal regulations do not 
require States to comply with the medical requirements in the FMCSRs, 
most States do mirror the Federal requirements. If intrastate CMV 
drivers are subject to Federal compatible State regulations, the Agency 
anticipates that it is likely that these drivers will use certified MEs 
on the National Registry for their medical qualification examinations. 
In addition, a small number of drivers transporting 8 or less migrant 
workers more than 75 miles in interstate commerce that are still 
subject to the medical certification requirements of 49 CFR 398 are 
included in this population.
    Below is a brief description of the included IC activities and how 
the information is used.

Physical Qualification Standards

    FMCSRs at 49 CFR 391.41 set forth the physical qualification 
standards that interstate CMV drivers who are subject to part 391 must 
meet, with the exception of commercial driver's license (CDL)/
commercial learner's permit (CLP) drivers transporting migrant workers 
(who must meet the physical qualification standards set forth in 49 CFR 
398.3). The FMCSRs covering driver physical qualification records are 
found at 49 CFR 391.43, which specify that a medical examination be 
performed on CMV drivers subject to part 391 who operate in interstate 
commerce. The results of the examination shall be recorded in 
accordance with the requirements set forth in that section. The current 
provisions of 49 CFR 391.51 and 398.3 require that a motor carrier 
retain the Medical Examiner's Certificate (MEC) in the driver's 
qualification (DQ) file for 3 years. The certificate affirms that the 
driver is physically qualified to drive a CMV in interstate commerce.
    Due to potential for onset of new conditions or changes in existing 
conditions that may adversely affect a driver's ability to drive safely 
and/or cause incapacitation that could be a risk to public safety, 
periodic re-evaluation and recertification is required to assess driver 
physical qualification. MECs may be issued for up to 2 years after the 
date of examination. However, drivers with certain medical conditions 
must be certified more frequently than every 2 years. Medical Examiners 
(MEs) have discretion to certify for shorter time periods on a case-by-
case basis for medical conditions that require closer monitoring or 
that are more likely to change over time. In addition, the Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy 
for Users (SAFETEA-LU, Pub. L. 109-59), enacted in 2005 and amended by 
the Moving Ahead for Progress in the 21st Century Act (MAP-21, Pub. L. 
112-141) requires MEs to transmit to FMCSA's Chief Medical Officer, 
electronically and on a monthly basis, driver information and results 
of any CMV driver medical examinations conducted during the previous 
month. MEs are required to maintain records of the CMV driver medical 
examinations they conduct. FMCSA does not require MEs to maintain these 
records electronically. However, there is nothing to preclude a ME from 
maintaining electronic records of the medical examinations he/she 
conducts. FMCSA is continuously evaluating new information technology 
in an attempt to decrease the burden on motor carriers and MEs. Less 
frequent collection of driver data, Medical Examination Reports (MERs), 
and MECs would compromise FMCSA's ability to determine ME compliance 
with FMCSA medical standards and guidelines in performing CMV driver 
medical examinations, which could result in MEs listed on the National 
Registry who should be removed and possibly drivers that don't meet the 
physical qualification standards possessing a MEC. Less frequent data 
collection would also result in decreased validity of the data (i.e., 
less frequent data submission may increase the error rate due to 
unintentional omission of examination information). Therefore, less 
frequent collection of driver examination results is not an option.

Resolution of Medical Conflict

    The medical conflict provision provides a mechanism for drivers and 
motor carriers to request FMCSA to make a final decision to resolve

[[Page 74806]]

conflicting medical evaluations when either party does not accept the 
decision of a medical specialist. If two MEs disagree about the medical 
certification of a driver, the requirements set forth in 49 CFR 391.47 
mandate that the applicant (driver or motor carrier) submit a copy of a 
report including results of all medical testing and the opinion of an 
impartial medical specialist in the field in which the medical conflict 
arose. The applicant may, if they choose to do so, submit the 
information above using fax and/or email. FMCSA uses the information 
collected from the applicant, including medical information, to 
determine if the driver should or should not be qualified. Without this 
provision and its incumbent driver medical information collection 
requirements, an unqualified person may be permitted to drive and 
qualified persons may be prevented from driving.

Medical Exemptions and Skills Performance Evaluation (SPE) Certificates

    FMCSA may, on a case by case basis, grant a medical exemption from 
a physical qualification standard set forth in 49 CFR 391.41, if the 
Agency determines the exemption is in the interest of the public and 
would likely achieve a level of safety that is equivalent to, or 
greater than, the level that would be achieved by complying with the 
regulation. Individuals with limb impairments are permitted to operate 
a CMV, but only when they are otherwise qualified and are granted a 
Skills Performance Evaluation (SPE) certificate by FMCSA. Title 49 CFR 
381.300 establishes the procedures that persons must follow to request 
exemptions from FMCSA safety regulations. Without an exemption, 
individuals who do not meet the requirements in 49 CFR 391.41 would not 
be qualified to operate a CMV in interstate commerce. The application 
process for all exemptions currently provides for electronic collection 
of the application information by FMCSA for those applicants that 
choose to do so. They are able to fax or scan and email documents to 
FMCSA. In addition, the Diabetes and Vision Exemption Programs and the 
SPE Certificate Program maintain a database of application information. 
FMCSA must collect medical information about the driver's medical 
condition in order to determine eligibility to receive an exemption or 
an SPE certificate. The Agency requires all exemptions be renewed every 
2 years to ensure that the granting of the exemption does not diminish 
safety under 49 CFR 381.310. Exemption holders are required to submit 
annual medical information for review to ensure the driver continues to 
meet the physical qualification requirements. In the interest of 
highway safety, the medical examination, exemption, and SPE renewal 
should not be performed less frequently.

The National Registry of Certified Medical Examiners (National 
Registry)

    The National Registry requires MEs that conduct medical 
examinations for interstate CMV drivers to complete training concerning 
FMCSA physical qualification standards, pass a certification test, and 
maintain competence through periodic training and testing, all of which 
require information collection. ME candidates submit demographic and 
eligibility data in order to register on the National Registry Web site 
to begin the certification process. This data is used to provide the 
public with contact information for those medical professionals who are 
certified by FMCSA to conduct interstate CMV driver medical 
examinations. Less frequent collection of ME candidate test results and 
identity and eligibility information means that there are less 
healthcare professionals attempting to become certified which would 
result in fewer certified MEs being available to the CMV driver and 
motor carrier population. This could place a huge burden on drivers and 
motor carriers to find certified MEs to perform their medical 
examinations. Therefore, less frequent collection of ME candidate test 
results and identity and eligibility information is not an option. MEs 
must provide specific driver medical examination information for every 
driver they examine on medical forms required by FMCSA and into the 
National Registry. Drivers must provide identification and health 
history information on medical forms required by FMCSA. The purpose for 
providing this information is to enable the ME to determine if the 
driver is medically qualified under 49 CFR 391.41 and to ensure that 
there are no disqualifying medical conditions that could adversely 
affect their safe driving ability or cause incapacitation constituting 
a risk to the public. If this information was not required, the threat 
to public safety would be immense and unacceptable.
    The National Registry also requires motor carriers to verify the 
national registry number of the MEs who certify their drivers and place 
a note in the DQ file. Less frequent verification of the national 
registry numbers by motor carriers would mean drivers may not have been 
examined by a certified ME listed on the National Registry and they may 
no longer meet the physical qualifications standards of the FMCSRs even 
though they were previously certified as physically qualified.
    Title: Medical Qualification Requirements.
    OMB Control Number: 2126-0006.
    Type of Request: Revision of a currently approved information 
collection.
    Respondents: Commercial motor vehicle drivers, motor carriers, 
medical examiners, testing centers.
    Estimated Number of Respondents: 4,623,000 CMV drivers, 540,000 
motor carriers, 40,000 medical examiners, 1,000 test centers).
    Expiration Date: July 31, 2015.
    Estimated Total Annual Burden: 2,633,702 hours. This ICR is 
comprised of the following five information collection activities:

Physical Qualification Standards

2,080,350 annual burden hours

Resolution of Medical Conflict

11 annual burden hours

Medical Exemptions

4,580 annual burden hours

SPE Certificate Program

2,661 annual burden hours

National Registry of Certified Medical Examiners

546,100 annual burden hours

    Public Comments Invited: You are asked to comment on any aspect of 
this information collection, including: (1) Whether the proposed 
collection is necessary for the performance of FMCSA's 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. The agency will summarize or include your 
comments in the request for OMB's clearance of this information 
collection.

    Issued under the authority of 49 CFR 1.87 on December 8, 2014.
G. Kelly Regal,
Associate Administrator for Office of Research and Information 
Technology and Chief Information Officer.
[FR Doc. 2014-29288 Filed 12-15-14; 8:45 am]
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