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

G. Kelly Regal
Federal Motor Carrier Safety Administration
30 July 2018

[Federal Register Volume 83, Number 146 (Monday, July 30, 2018)]
[Notices]
[Pages 36663-36666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16224]


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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 review 
and approval. 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. On April 27, 2018, FMCSA published a 
60-day notice (83 FR 18640) requesting comment on the renewal of this 
ICR. In response to this notice, eight comments were received. However, 
none of the comments were related to information collection activities 
or the renewal of this ICR.

DATES: Please send your comments by August 29, 2018. OMB must receive 
your comments by this date in order to act quickly on the ICR.

ADDRESSES: All comments should reference Federal Docket Management 
System (FDMS) Docket Number FMCSA-2018-0119. Interested persons are 
invited to submit written comments on the proposed information 
collection to the Office of Information and

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Regulatory Affairs, Office of Management and Budget. Comments should be 
addressed to the attention of the Desk Officer, Department of 
Transportation/Federal Motor Carrier Safety Administration, and sent 
via electronic mail to oira_submission@omb.eop.gov, or faxed to (202) 
395-6974, or mailed to the Office of Information and Regulatory 
Affairs, Office of Management and Budget, Docket Library, Room 10102, 
725 17th Street NW, Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, Department of Transportation, Federal Motor 
Carrier Safety Administration, 6th Floor, West Building, New Jersey 
Avenue SE, Washington, DC 20590-0001. Telephone: (202) 366-4001, Email 
Address: fmcsamedical@dot.gov. Office hours are 9 a.m. to 5 p.m., e.t., 
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: 
    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

    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

[[Page 36665]]

qualified persons may be prevented from driving.

Medical Exemptions and Skill 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 
Skill 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, approached, FMCSA reluctantly 
concluded that it would not be able to electronically transmit MEC 
information from the National Registry to the SDLAs nor would 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 were to be 
implemented on June 22, 2018, are dependent upon the implementation of 
information technology infrastructure that was not available on June 
22, 2018. For this reason, on June 21, 2018, FMCSA published a notice 
(83 FR 28774) extending the compliance date for several of the 
provisions in the Medical Examiner's Certification Integration final 
rule (80 FR 22790) 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 22, 2018, certified MEs are still 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 should continue to provide

[[Page 36666]]

the SDLA with their MEC as proof of medical certification. As a result 
of this extension, there are no additional annual burden hours or costs 
to respondents imposed by the Medical Examiner's Certification 
Integration 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.
    On April 27, 2018, FMCSA published a 60-day notice (83 FR 18640) 
requesting comment on the renewal of this ICR. In response to the 
notice, eight comments were received. However, none of the comments 
were related to information collection activities or the renewal of 
this ICR.
    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 FMCSA to perform its functions; (2) the 
accuracy of the estimated burden; (3) ways for the 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 delegated in 49 CFR 1.87 on: July 20, 
2018.
G. Kelly Regal,
Associate Administrator for Office of Research and Information 
Technology.
[FR Doc. 2018-16224 Filed 7-27-18; 8:45 am]
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