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

Kelly Regal
Federal Motor Carrier Safety Administration
27 April 2018

[Federal Register Volume 83, Number 82 (Friday, April 27, 2018)]
[Notices]
[Pages 18640-18643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08919]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0119]


Agency Information Collection Activities; Request for Comments; 
Revision and Renewal 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 and renew an ICR titled, ``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 physical 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 June 26, 2018.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Docket Number FMCSA-2018-0119 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, see 
the Public Participation heading below. Note that all comments received 
will be posted without change to http://www.regulations.gov, including 
any

[[Page 18641]]

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 website. 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: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, (202) 366-4001, fmcsamedical@dot.gov, FMCSA, 
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224, 
Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t., 
Monday through Friday, except Federal holidays. If you have questions 
regarding viewing or submitting material to the docket, contact Docket 
Services, telephone (202) 366-9826.

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. 
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.
    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/commercial 
learner's permit (CDL/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), Form MCSA-5876, 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 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 Act: A Legacy for Users 
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 Report Forms, 
MCSA-5875, and MECs would compromise FMCSA's ability to determine ME 
compliance with FMCSA's physical qualification standards and guidelines 
in performing CMV driver medical examinations, which could result in 
MEs listed on the National Registry of Certified Medical Examiners who 
should be removed and possibly drivers that don't meet the physical 
qualification standards possessing an 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 that FMCSA make a final decision to resolve 
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.

[[Page 18642]]

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 
381.310 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. 
The Medical Programs Division maintains a database of application 
information for hearing and seizure exemptions. 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 physical 
qualification 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 website 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.
    As a follow-on rule to the National Registry, the Medical 
Examiner's Certification Integration final rule, (80 FR 22790), 
modified several of the requirements adopted in the National Registry 
final rule, some of which have a scheduled compliance date of June 22, 
2018. Specifically, it requires (1) FMCSA to electronically transmit 
from the National Registry to the State Driver's Licensing Agencies 
(SDLAs) the driver identification information, examination results, and 
restriction information from examinations performed for holders of 
CLPs/CDLs (interstate and intrastate); (2) FMCSA to transmit 
electronically to the SDLAs the medical variance information for all 
CMV drivers; and (3) SDLAs to post the driver identification, 
examination results, and restriction information received 
electronically from FMCSA.
    However, as the Medical Examiner's Certification Integration final 
rule compliance date of June 22, 2018, draws nearer, FMCSA has 
reluctantly concluded that it will not be able to electronically 
transmit MEC information from the National Registry to the SDLAs nor 
will the SDLAs be able to electronically receive the MEC information 
from the National Registry for posting to the CDLIS driver record as 
intended by the Medical Examiner's Certification Integration final 
rule. Due to a number of delays including an incident that occurred in 
early December 2017 causing the Agency to take the National Registry 
offline leading to interruptions in the development of the process for 
the electronic transmission of MEC information and medical variances, 
the final specifications for the electronic transmission of MEC 
information have not been completed. Under these circumstances, neither 
the Agency nor the stakeholders would be able to rely on the CDLIS 
driver record as official proof of medical certification unless MEs 
continue to issue the original paper MEC to qualified drivers and 
drivers continue to provide the MEC to the SDLAs, as is being done 
presently. All of the functions regarding electronic transmission of 
data that are to be implemented on June 22, 2018, are dependent upon 
the implementation of information technology infrastructure that will 
not be available on June 22, 2018. For this reason, FMCSA anticipates 
extending the compliance date to June 22, 2021, to ensure that the 
SDLAs have sufficient time once the final specifications are released 
to make the necessary information technology programming changes. 
However, beginning on June 2, 2018, certified MEs will still be 
required to report results of all completed CMV drivers' medical 
examinations (including the results of examinations where the driver 
was found not to be qualified) to FMCSA by midnight (local time) of the 
next calendar day following the examination but must continue issuing 
the original paper MEC to qualified drivers. All CMV drivers will 
continue to provide the SDLA with their MEC as proof of medical 
certification. As a result of this anticipated extension, there are no 
additional annual burden hours or costs to respondents imposed by the 
Medical Examiner's Certification Integration

[[Page 18643]]

final rule during the first 6 years of implementation of the final 
rule. Therefore, all the IC activities imposed on the MEs, drivers, and 
motor carriers over the first 6 years of implementing the Medical 
Examiner's Certification Integration final rule will remain unchanged.
    Title: Medical Qualification Requirements.
    OMB Control Number: 2126-0006.
    Type of Request: Revision and renewal of a current approved 
information collection Respondents: Commercial motor vehicle drivers, 
motor carriers, medical examiners, testing centers.
    Estimated Number of Respondents: 65,503,280.
    Expiration Date: August 31, 2018.
    Estimated Total Annual Burden: 2,395,315 hours.
    This information collection is comprised of the following five 
information collection activities:

Physical Qualification Standards

1,892,700 annual burden hours
4,813,510 annual respondents

Resolution of Medical Conflict

11 annual burden hours
3 annual respondents

Medical Exemptions

4,430 annual burden hours
7,332 annual respondents

SPE Certificate Program

2,714 annual burden hours
2,426 annual respondents

National Registry of Certified Medical Examiners

495,460 annual burden hours
680,009 annual respondents

    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: April 20, 2018.
Kelly Regal,
Associate Administrator for Office of Research and Information 
Technology.
[FR Doc. 2018-08919 Filed 4-26-18; 8:45 am]
 BILLING CODE 4910-EX-P