Proposed Rule2022-17592
Qualifications of Drivers: Medical Examiner's Handbook and Medical Advisory Criteria Proposed Regulatory Guidance
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 16, 2022
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces the availability of the draft Medical Examiner's Handbook (MEH), which includes updates to the Medical Advisory Criteria published in the Code of Federal Regulations (CFR), and requests comments on the proposed regulatory guidance. The MEH and Medical Advisory Criteria provide information about regulatory requirements and guidance to medical examiners (ME) listed on FMCSA's National Registry of Certified Medical Examiners (National Registry) who perform physical qualification examinations of interstate commercial motor vehicle (CMV) drivers. The draft MEH with proposed changes to the Medical Advisory Criteria is available in Docket Number FMCSA-2022-0111.
Full Text
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<title>Federal Register, Volume 87 Issue 157 (Tuesday, August 16, 2022)</title>
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[Federal Register Volume 87, Number 157 (Tuesday, August 16, 2022)]
[Proposed Rules]
[Pages 50282-50284]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-17592]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 391
[Docket No. FMCSA-2022-0111]
Qualifications of Drivers: Medical Examiner's Handbook and
Medical Advisory Criteria Proposed Regulatory Guidance
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of proposed regulatory guidance; request for comments.
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SUMMARY: FMCSA announces the availability of the draft Medical
Examiner's Handbook (MEH), which includes updates to the Medical
Advisory Criteria published in the Code of Federal Regulations (CFR),
and requests comments on the proposed
[[Page 50283]]
regulatory guidance. The MEH and Medical Advisory Criteria provide
information about regulatory requirements and guidance to medical
examiners (ME) listed on FMCSA's National Registry of Certified Medical
Examiners (National Registry) who perform physical qualification
examinations of interstate commercial motor vehicle (CMV) drivers. The
draft MEH with proposed changes to the Medical Advisory Criteria is
available in Docket Number FMCSA-2022-0111.
DATES: Comments must be received on or before September 30, 2022.
ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2022-0111 using any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov/docket/FMCSA-2022-0111/document">https://www.regulations.gov/docket/FMCSA-2022-0111/document</a>. Follow the online
instructions for submitting comments.
<bullet> Mail: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
<bullet> Hand Delivery or Courier: Dockets Operations, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, West Building,
Ground Floor, Room W12-140, Washington, DC 20590-0001, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays. To be sure
someone is there to help you, please call (202) 366-9317 or (202) 366-
9826 before visiting Dockets Operations.
<bullet> Fax: (202) 493-2251.
FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division, FMCSA, 1200 New Jersey Avenue SE,
Washington, DC 20590, (202) 366-4001, <a href="/cdn-cgi/l/email-protection#12545f5141535f77767b71737e52767d663c757d64"><span class="__cf_email__" data-cfemail="aee8e3edfdefe3cbcac7cdcfc2eecac1da80c9c1d8">[email protected]</span></a>. If you have
questions on viewing or submitting material to the docket, call Dockets
Operations at (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for Comments
A. Submitting Comments
If you submit a comment, please include the docket number (FMCSA-
2022-0111), indicate the specific page and section of the MEH 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 <a href="https://www.regulations.gov/docket/FMCSA-2022-0111/document">https://www.regulations.gov/docket/FMCSA-2022-0111/document</a>, click on this request for comments,
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. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
B. Viewing Comments and Documents
To view any documents mentioned as being available in the docket,
go to <a href="https://www.regulations.gov/docket/FMCSA-2022-0111/document">https://www.regulations.gov/docket/FMCSA-2022-0111/document</a> and
choose the document to review. To view comments, click this request for
comments, and click ``Browse Comments.'' If you do not have access to
the internet, you may view the docket online by visiting Dockets
Operations in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC 20590-0001, between
9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. To
be sure someone is there to help you, please call (202) 366-9317 or
(202) 366-9826 before visiting Dockets Operations.
C. Privacy Act
DOT solicits comments from the public to better inform its guidance
process. DOT posts these comments, without edit, including any personal
information the commenter provides, to <a href="http://www.regulations.gov">www.regulations.gov</a>, as
described in the system of records notice DOT/ALL 14--Federal Docket
Management System (FDMS), which can be reviewed at
<a href="http://www.transportation.gov/privacy">www.transportation.gov/privacy</a>.
II. Background
FMCSA's mission is to reduce crashes, injuries, and fatalities
involving large trucks and buses. FMCSA is authorized by statute to
establish minimum physical qualification standards for drivers of CMVs
operating in interstate commerce.
The determination by MEs on the National Registry of a driver's
physical qualification is a critical element of FMCSA's safety program
to ensure the physical condition of CMV drivers is adequate to enable
them to operate the vehicles safely. First posted on FMCSA's website in
2008, the MEH provided guidance to MEs on the physical qualification
standards in the Federal Motor Carrier Safety Regulations (FMCSRs) and
the conduct of the physical qualification examination. FMCSA has also
issued guidance for MEs in the form of Medical Advisory Criteria, now
published at 49 CFR part 391, Appendix A.
In 2015, FMCSA withdrew the MEH because some of the information was
obsolete or was prescriptive in nature. MEs and training organizations
were informed that the MEH was no longer in use and that they should
not consider the MEH as Agency guidance.
The FMCSRs, in 49 CFR 391.41 through 391.49, provide the basic
driver physical qualification standards for interstate CMV operators.
MEs currently make physical qualification determinations on a case-by-
case basis and may consider guidance to assist with making those
determinations.
The goal of the updated MEH and related Medical Advisory Criteria
is to provide information about regulatory requirements and guidance
for MEs to consider when making physical qualification determinations
in conjunction with established best medical practices. The revised
Medical Advisory Criteria, in addition to being included in the MEH,
would also be published in Appendix A to 49 CFR part 391. The final
version of the criteria would be identical in both publications. FMCSA
is proposing to update both the MEH and Medical Advisory Criteria and
seeks public comment on these documents.
III. MRB Task Statement 17-1
The Medical Review Board (MRB) was established to provide FMCSA
with medical advice and recommendations on medical standards and
guidelines for the physical qualifications of CMV operators, ME
education, and medical research (49 U.S.C. 31149(a)(1)). The MRB, in
view of its statutory creation and advisory function, is chartered by
DOT as an advisory committee under the provisions of the Federal
Advisory Committee Act (5 U.S.C. App.). See also Announcement of
Establishment of the Federal Motor Carrier Safety Administration
Medical Review Board (70 FR 57642; Oct. 3, 2005). The members of the
MRB are appointed by the Secretary to reflect expertise in a variety of
medical specialties relevant to the driver fitness requirements of
FMCSA (49 U.S.C. 31149(a)(2)).
To assist in the development of the MEH, FMCSA, in collaboration
with its Chief Medical Officer, requested advice from the MRB for the
Agency to consider via MRB Task Statement 17-1.
[[Page 50284]]
Specifically, FMCSA asked the MRB to review and provide recommendations
for streamlining the MEH. This included removing non-regulatory
directive language and updating and removing obsolete information. The
MRB held public meetings, in part, to discuss the development of the
new MEH and Medical Advisory Criteria and to review drafts of the MEH.
Details of the meetings, including MRB Task Statement 17-1, are posted
on the Agency's public website at <a href="https://www.fmcsa.dot.gov/medical-review-board-mrb-meeting-topics">https://www.fmcsa.dot.gov/medical-review-board-mrb-meeting-topics</a>.
V. Comments Requested
Comments are requested on the draft of the proposed MEH, including
the revised Medical Advisory Criteria. To the extent possible, comments
should identify the page number and section number of the MEH to which
the comments apply. Please submit comments only, not redlined or
heavily annotated copies of the entire MEH. FMCSA will consider
comments received by the closing date of the comment period.
VI. Publication of the Regulatory Guidance
In accordance with section 5203(a)(2)(A) and (a)(3) of the Fixing
America's Surface Transportation Act, Public Law 114-94, 129 Stat.
1312, 1535 (49 U.S.C. 113 note) (Dec. 4, 2015), the regulatory guidance
would be posted in the guidance portal on FMCSA's website at <a href="https://www.fmcsa.dot.gov/guidance">https://www.fmcsa.dot.gov/guidance</a>. The Agency would then review it no later
than 5 years after it is published. It would consider at that time
whether the guidance should be withdrawn, reissued for another period
up to 5 years, or incorporated into the regulations.
Robin Hutcheson,
Deputy Administrator.
[FR Doc. 2022-17592 Filed 8-15-22; 8:45 am]
BILLING CODE 4910-EX-P
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