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Agency Information Collection Activities; Renewal of an Approved Information Collection: Medical Qualification Requirements Publication: Federal Register Agency: Federal Motor Carrier Safety Administration Byline: Thomas P. Keane Date: 17 September 2024 Subject: American Government  , Driver Licensing
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[Federal Register Volume 89, Number 180 (Tuesday, September 17, 2024)]
[Notices]
[Pages 76177-76180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21076]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2024-0158]
Agency Information Collection Activities; Renewal of an Approved
Information Collection: Medical Qualification Requirements
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 its
review and approval and invites public comment. The FMCSA requests
approval to 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: Comments on this notice must be received on or before November
18, 2024.
ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Docket Number FMCSA-2024-0158 using any of the
following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments.
Mail: Dockets Operations; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Washington, DC 20590-0001.
Hand Delivery or Courier: U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Washington, DC 20590-0001 between 9 a.m. and 5 p.m. ET, Monday through
Friday, except Federal holidays.
Fax: (202) 493-2251.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section for instructions on submitting
comments.
[[Page 76178]]
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., ET,
Monday through Friday, except Federal holidays. If you have questions
regarding viewing or submitting material to the docket, call Dockets
Operations at (202) 366-9826.
SUPPLEMENTARY INFORMATION:
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 https://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading
below.
Public Participation and Request for Comments
If you submit a comment, please include the docket number for this
notice (FMCSA-2024-0158), indicate the specific section of this
document to which your comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online or by fax, mail, or hand delivery, but please use only one of
these means. FMCSA recommends that you include your name and a mailing
address, an email address, or a phone number in the body of your
document so FMCSA can contact you if there are questions regarding your
submission.
To submit your comment online, go to https://www.regulations.gov/docket/FMCSA-2024-0158/document, click on this notice, click
``Comment,'' and type your comment into the text box on the following
screen.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing.
Comments received after the comment closing date will be included
in the docket and will be considered to the extent practicable.
Privacy Act
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
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 physical qualification 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 through 399.
Below is a brief description of the included IC activities and how
the information is used.
Physical Qualification Standards
The 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 Sec. 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 Sec. Sec. 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 safely
operate a CMV and/or cause incapacitation that could be a risk to
public safety, periodic evaluation and certification 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 (Pub .L. 109-59, 119 Stat. 1144, August 10,
2005) 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 an ME
from maintaining electronic records of the medical examinations they
conduct. 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, Form MCSA-5876, would compromise FMCSA's ability
to determine ME compliance with FMCSA's physical qualification
standards and guidelines in performing CMV driver physical
qualification 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 Sec. 391.47
mandate that the applicant
[[Page 76179]]
(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 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 Sec. 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 an
SPE certificate by FMCSA. Section 381.310 establishes the procedures
that persons must follow to request exemptions from the FMCSRs. Without
an exemption, individuals who do not meet the requirements in Sec.
391.41 would not be qualified to operate a CMV in interstate commerce.
The application process for all medical 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 SPE Certificate Program
maintains a database of application information and 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 a medical exemption or an SPE certificate. The Agency
requires all medical exemptions be renewed every 2 years to ensure that
the granting of the exemption does not diminish safety under Sec.
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, medical exemption, and SPE certificate renewal
should not be performed less frequently.
The National Registry of Certified Medical Examiners (National
Registry)
The National Registry requires MEs who perform physical
qualification examinations for interstate CMV drivers to complete
training concerning FMCSA's 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 perform interstate
CMV driver physical qualification examinations. Less frequent
collection of ME candidate test results and identity and eligibility
information would mean fewer 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 physical qualification examinations. Therefore, less
frequent collection of ME candidate test results and identity and
eligibility information is not an option. MEs must provide specific
driver physical qualification examination information for every driver
they examine on driver examination forms required by FMCSA and into the
National Registry. Drivers must provide identification and health
history information on the driver examination forms required by FMCSA.
The purpose for providing this information is to enable the ME to
determine if the driver meets the physical qualification standards
under Sec. 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 were 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 final rule titled
``Medical Examiner`s Certification Integration'' (80 FR 22790),
modified several of the requirements adopted in the National Registry
final rule, some of which had 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 approached, FMCSA concluded that the information
technology infrastructure necessary to implement the portions of the
final rule that required the electronic transmission of data would not
be available on June 22, 2018. FMSCA extended the compliance two
additional times, and that date is now June 23, 2025, for several
provisions of the final rule. Since the compliance date for these
provisions occurs during this renewal period, the annual burden hours
and costs are now being covered as part of this ICR.
Qualifications of Drivers; Diabetes Standard
Under 49 CFR 391.41(b), drivers with a stable insulin regimen and
properly controlled Insulin-Treated Diabetes Mellitus (ITDM) are
permitted to operate CMVs in interstate commerce. An individual with
ITDM is able to obtain an MEC from a certified ME for up to a maximum
of 12 months if the (1) Treating Clinician (TC), the healthcare
professional who manages and prescribes insulin for the treatment of
the individual's diabetes, completes the Insulin-Treated Diabetes
Mellitus Assessment Form, MCSA-5870, and attests to the certified ME
that the individual maintains a stable insulin regimen and proper
control of their diabetes, and (2) the certified ME determines that the
individual meets FMCSA's physical qualification standards.
FMCSA allows TCs to provide the Insulin-Treated Diabetes Mellitus
Assessment Form, MCSA-5870, to the
[[Page 76180]]
certified MEs, if the TCs choose to do so, using electronic
communication such as fax or email. 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 25 percent of the forms will be
transmitted electronically.
Qualifications of Drivers; Vision Standard
Under 49 CFR 391.41(b), drivers who do not satisfy, with the worse
eye, either FMCSA's existing distant visual acuity standard with
corrective lenses or the field of vision standard, or both, in Sec.
391.41(b)(10) are permitted to be physically qualified to operate a CMV
in interstate commerce under specified conditions. The alternative
vision standard adopted in the final rule uses a collaborative process
for physical qualification. Before an individual may be medically
certified under the alternative vision standard, the individual must
have a vision evaluation conducted by an ophthalmologist or
optometrist. The ophthalmologist or optometrist records the findings
and provides specific medical opinions on the Vision Evaluation Report,
Form MCSA-5871. Then, an ME performs an examination, considers the
information provided on the Vision Evaluation Report, Form MCSA-5871,
and determines whether the individual meets the alternative vision
standard, as well as FMCSA's other physical qualification standards. If
the ME determines the individual meets the physical qualification
standards, the ME may issue an MEC for up to 12 months.
FMCSA allows ophthalmologists and optometrists to provide the
Vision Evaluation Report, Form MCSA-5871, to the certified MEs, if they
choose to do so, using electronic communication such as fax or email.
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 25 percent of the forms will be transmitted
electronically.
Title: Medical Qualification Requirements.
OMB Control Number: 2126-0006.
Type of Request: Renewal of a currently approved collection.
Respondents: Commercial motor vehicle drivers, motor carriers,
medical examiners, testing centers.
Estimated Number of Respondents: 8,123,976.
Expiration Date: March 31, 2025.
Estimated Total Annual Burden: 3,243,525 hours.
This information collection is comprised of the following seven
information collection activities.
Physical Qualification Standards:
2,776,978 annual burden hours.
7,175,796 annual respondents.
Resolution of Medical Conflict:
11 annual burden hours.
3 annual respondents.
Medical Exemptions:
293 annual burden hours.
1,176 annual respondents.
SPE Certificate Program:
2,808 annual burden hours.
2,567 annual respondents.
National Registry of Certified Medical Examiners:
462,162 annual burden hours.
934,887 annual respondents.
Qualification of Drivers; Diabetes Standard:
654 annual burden hours.
4,906 annual respondents.
Qualification of Drivers; Vision Standard:
619 annual burden hours.
4,641 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 ICR.
Issued under the authority of 49 CFR 1.87.
Thomas P. Keane,
Associate Administrator, Office of Research and Registration.
[FR Doc. 2024-21076 Filed 9-16-24; 8:45 am]
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