Notice2021-22285
Agency Information Collection Activities; Renewal of an Approved Information Collection: Medical Qualification Requirements
Primary source
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Published
October 14, 2021
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
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. FMCSA requests approval to renew an ICR, titled "Medical Qualification Requirements," and provides updated information for several of the information collections discussed. This ICR is needed to ensure that drivers, motor carriers, Medical Examiners (ME), and the States are complying with the physical qualification requirements of commercial motor vehicle (CMV) drivers. The information collected is used primarily to determine and certify driver medical fitness and must be collected in order for our highways to be safe. On May 6, 2021, FMCSA published a 60-day notice requesting comment on the renewal of this ICR. In response to this notice, two comments were received.
Full Text
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<title>Federal Register, Volume 86 Issue 196 (Thursday, October 14, 2021)</title>
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[Federal Register Volume 86, Number 196 (Thursday, October 14, 2021)]
[Notices]
[Pages 57246-57249]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-22285]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2021-0066]
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 review
and approval. FMCSA requests approval to renew an ICR, titled ``Medical
Qualification Requirements,'' and provides updated information for
several of the information collections discussed. This ICR is needed to
ensure that drivers, motor carriers, Medical Examiners (ME), and the
States are complying with the physical qualification requirements of
commercial motor vehicle (CMV) drivers. The information collected is
used primarily to determine and certify driver medical fitness and must
be collected in order for our highways to be safe. On May 6, 2021,
FMCSA published a 60-day notice requesting comment on the renewal of
this ICR. In response to this notice, two comments were received.
DATES: Please submit your comments by November 15, 2021. OMB must
receive your comments by this date in order to act quickly on the ICR.
ADDRESSES: Comments and recommendations for the proposed information
collection should be submitted within 30 days of publication of this
notice to <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find this particular
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.
FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division, Department of Transportation, Federal Motor
Carrier Safety Administration, 6th Floor, West Building, 1200 New
Jersey Avenue SE, Washington, DC 20590-0001. Telephone: (202) 366-4001.
Email Address: <a href="/cdn-cgi/l/email-protection#482e252b3b29252d2c212b2924082c273c662f273e"><span class="__cf_email__" data-cfemail="56303b3525373b33323f35373a1632392278313920">[email protected]</span></a>. Office hours are from 9:00 a.m. to
5:00 p.m., ET, Monday through Friday, except Federal Holidays.
SUPPLEMENTARY INFORMATION:
Title: Medical Qualification Requirements.
OMB Control Number: 2126-0006.
Type of Request: Renewal of a currently approved information
collection.
Respondents: CMV drivers, motor carriers, Medical Examiners,
testing centers, treating clinicians.
Estimated Number of Respondents: 6,225,262.
Expiration Date: November 30, 2021.
Estimated Total Annual Burden: 2,707,479 hours.
This information collection is comprised of the following six
information collection activities.
Physical Qualification Standards: 2,144,680 annual burden hours;
5,444,680 annual respondents.
Resolution of Medical Conflict: 11 annual burden hours; 3 annual
respondents.
Medical Exemptions: 2,529 annual burden hours; 4,749 annual
respondents.
[[Page 57247]]
SPE Certificate Program: 2,808 annual burden hours; 2,567 annual
respondents.
National Registry of Certified Medical Examiners: 556,797 annual
burden hours; 768,357 annual respondents.
Qualification of Drivers; Diabetes Standard: 654 annual burden
hours; 4,906 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 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
physical qualification regulations relating to this information
collection are found in the Federal Motor Carrier Safety Regulations
(FMCSRs) at 49 CFR parts 390-399.
Below is a brief description of the included information collection
activities and how the information is used.
Physical Qualification Standards
The FMCSRs at 49 CFR 391.41 set forth the physical qualification
standards 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 applicable to all
drivers subject to part 391 are found at 49 CFR 391.43, which specifies
that a physical qualification examination be performed on CMV drivers
subject to part 391 who operate in interstate commerce. The results of
examinations must be recorded on the Medical Examination Report (MER)
Form, MCSA-5875. If the ME finds a driver is physically qualified to
operate a CMV in accordance with 49 CFR 391.41, the ME must complete
and furnish to the driver a Medical Examiner's Certificate (MEC), Form
MCSA-5876. The provisions of 49 CFR 391.51 require that a motor carrier
retain the MEC or, for CDL drivers, the Commercial Driver's License
Information System (CDLIS) motor vehicle record, if it contains medical
certification status, in the driver's qualification (DQ) file for 3
years. The MEC and CDLIS motor vehicle record affirm that the driver is
physically qualified to operate a CMV in interstate commerce. With
respect to drivers transporting migrant workers, 49 CFR 398.3 requires
a motor carrier to retain in its files a copy of a doctor's certificate
that affirms the driver has been examined in accordance with that
section and determined to be physically qualified to operate a CMV.
Due to the potential for the onset of new conditions or changes in
existing conditions that may adversely affect a driver's ability to
safely operate a CMV and cause a risk to public safety, FMCSA requires
drivers to be medically certified at least every 2 years. However,
drivers with certain medical conditions must be certified more
frequently than every 2 years. 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.
MEs are required to maintain records of the CMV driver physical
qualification 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 the ME 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, MER Forms, and MECs would
compromise FMCSA's ability to determine ME compliance with FMCSA's
requirements for performing CMV driver physical qualification
examinations. This could result in MEs being listed on FMCSA's National
Registry of Certified Medical Examiners (National Registry) who should
be removed and possibly drivers who do not 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
If two MEs disagree about the medical certification of a driver,
the medical conflict provision provides a mechanism for drivers and
motor carriers to request that FMCSA resolve the conflicting medical
evaluations when either party does not accept the decision of a medical
specialist. 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 choose to submit the information using fax or
email. FMCSA uses the information collected from the applicant,
including medical information, to determine if the driver should 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 the Skill Performance Evaluation (SPE)
Certificate Program
FMCSA may, on a case-by-case basis, grant a medical exemption from
a physical qualification standard set forth in 49 CFR 391.41. To do so,
the Agency must determine the exemption 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. 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. Section 381.300
establishes the procedures that persons must follow to request
exemptions from the FMCSRs. The Agency requires all medical exemptions
to be renewed every 2 years to ensure that the granting of the
exemption does not diminish safety. Exemption holders are required to
submit annual medical information for review to ensure the driver
continues to meet the criteria for an exemption.
Individuals with loss or impairment of limbs are permitted to
operate a CMV if they are otherwise physically qualified and are issued
an SPE certificate by FMCSA. The SPE certificate must be renewed every
2 years by submitting a renewal application.
The application process for medical exemptions and SPE certificates
provides for electronic collection of the application information by
FMCSA for those applicants who choose to submit
[[Page 57248]]
the information electronically. They may fax or scan and email
documents to FMCSA. The Vision Exemption Program 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 a medical
exemption or an SPE certificate. In the interest of highway safety, the
medical examination, medical exemption renewal, and SPE certificate
renewal should not be performed less frequently.
The National Registry of Certified Medical Examiners
The National Registry of Certified Medical Examiners final rule (77
FR 24104, Apr. 20, 2012) requires MEs who conduct 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 with the
National Registry and begin the certification process. This data is
used to provide the public with contact information for those
healthcare professionals who are certified by FMCSA to conduct
interstate CMV driver physical qualification examinations. Less
frequent collection of ME candidate identity and eligibility
information and test results could mean there are fewer MEs available
to perform physical qualification examinations and to meet the needs of
the CMV driver and motor carrier population. This could place a burden
on drivers and motor carriers. Therefore, less frequent collection of
ME candidate identity and eligibility information and test results is
not an option.
MEs are required to transmit to FMCSA via the National Registry
results of any CMV driver physical qualification examinations completed
by midnight (local time) of the next calendar day following the
examination. The reporting of results includes all CMV drivers (CDL/CLP
and non-CDL/CLP) who are required to be medically certified to operate
in interstate commerce and allows, but does not require, MEs to
transmit any information about examinations performed in accordance
with the FMCSRs with any applicable State variances, which will be
valid for intrastate operations only. Less frequent collection of
driver data would compromise FMCSA's ability to determine ME compliance
with FMCSA requirements for performing CMV driver physical
qualification examinations. This could result in MEs being listed on
the National Registry who should be removed and possibly drivers who do
not 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.
The National Registry final rule 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 could mean drivers may
not have been examined by an ME listed on the National Registry and may
not meet the physical qualifications standards of the FMCSRs.
As a follow-on rule to the National Registry final rule, the
Medical Examiner's Certification Integration final rule (80 FR 22790,
Apr. 23, 2015), 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. Accordingly, on June 21, 2018, FMCSA
published a notice extending the compliance date for several of the
provisions in the Medical Examiner's Certification Integration final
rule to June 22, 2021 (83 FR 28774).
As the June 22, 2021 compliance date approached, FMCSA again
concluded that additional time was needed for FMCSA to complete certain
information technology system development tasks for its National
Registry and to provide the SDLAs sufficient time to make the necessary
information technology programming changes after the new National
Registry system is available. Accordingly, on June 22, 2021, FMCSA
amended its regulations to extend the compliance date from June 22,
2021, to June 23, 2025, for several provisions of its Medical
Examiner's Certification Integration final rule (86 FR 32643). Since
the compliance date for these provisions will be extended until June
23, 2025, the annual burden hours and costs are not covered as part of
this ICR.
Qualifications of Drivers; Diabetes Standard
As a result of the September 19, 2018, Qualifications of Drivers;
Diabetes Standard final rule (83 FR 47486), the FMCSRs were amended to
permit drivers with a stable insulin regimen and properly controlled
insulin-treated diabetes mellitus (ITDM) to operate CMVs in interstate
commerce. An individual with ITDM can obtain an MEC from an ME for up
to a maximum of 12 months. To do so, the treating clinician, the
healthcare professional who manages, and prescribes insulin for, the
treatment of the individual's diabetes must complete the Insulin-
Treated Diabetes Mellitus Assessment Form, MCSA-5870, and attest to the
ME that the individual maintains a stable insulin regimen and proper
control of the individual's diabetes. The ME must review the form and
determine the individual meets FMCSA's ITDM standard and other physical
qualification standards. The information collection is necessary to
ensure drivers meet these standards. FMCSA allows treating clinicians
and drivers to provide the form to MEs, if they choose to do so, using
electronic communication such as fax or email.
Comments to the 60-Day Notice
On May 6, 2021, FMCSA published a 60-day notice (86 FR 24433)
requesting comment on the renewal of this ICR. In response to the
notice, comments were received from the National School Transportation
Association (NSTA) and the U.S. Equal Employment Opportunity Commission
(EEOC). NSTA commented that it was in support of the renewal of this
information collection. The EEOC suggested that FMCSA consider revising
the requests for medical information on the MER Form to focus on
medical conditions and medications that may interfere, are likely to
interfere, or do interfere with
[[Page 57249]]
individuals' ability to control, drive, or otherwise operate a CMV
safely. It also suggested that that FMCSA consider narrowing the length
of time that certain medical issues must be reported. In addition, it
provided other comments regarding information on FMCSA's website that
were not related to information collection activities or the renewal of
this ICR. Those comments will be considered by FMCSA outside of this
ICR renewal process.
Regarding the EEOC's suggestions for the MER Form, the information
collected in the driver health history section of the MER Form is
relevant and necessary to obtain a full health history from the driver.
The information obtained facilitates the completion of a thorough
examination by the ME. An ME needs all pertinent information to make an
appropriate assessment of whether the driver meets the physical
qualifications standards. FMCSA emphasizes that the driver health
history questions are linked to the physical qualification standards
set out in 49 CFR 391.41(b). Most of the standards are worded broadly
because many medical conditions may interfere with an individual's
ability to operate a CMV safely. Therefore, it is not in the interest
of safety for FMCSA to provide less information to the ME.
Public Comments Invited: You are asked to comment on any aspect of
this information collection, 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 delegated in 49 CFR 1.87.
Thomas P. Keane,
Associate Administrator, Office of Research and Registration.
[FR Doc. 2021-22285 Filed 10-13-21; 8:45 am]
BILLING CODE 4910-EX-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.