Notice2023-07823
Agency Information Collection Activities; New Information Collection Request: Non-Insulin-Treated Diabetes Mellitus Assessment Form, MCSA-5872
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
April 13, 2023
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 and invites public comment on the approval of a new ICR titled, Non-Insulin-Treated Diabetes Mellitus Assessment Form, MCSA- 5872. This Information Collection (IC) is voluntary and may be utilized by medical examiners (MEs) responsible for issuing Medical Examiner's Certificates, Form MCSA-5876, to individuals diagnosed with non- insulin-treated diabetes mellitus who operate commercial motor vehicles (CMV) in interstate commerce. MEs choosing to use this IC will do so in an effort to communicate with treating healthcare providers who manage the diabetes care of individuals diagnosed with non-insulin-treated diabetes mellitus who operate CMVs. The information obtained by MEs will assist them in determining whether an individual diagnosed with non-insulin-treated diabetes mellitus meets FMCSA's physical qualification standards.
Full Text
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<title>Federal Register, Volume 88 Issue 71 (Thursday, April 13, 2023)</title>
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[Federal Register Volume 88, Number 71 (Thursday, April 13, 2023)]
[Notices]
[Pages 22517-22518]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-07823]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2021-0183]
Agency Information Collection Activities; New Information
Collection Request: Non-Insulin-Treated Diabetes Mellitus Assessment
Form, MCSA-5872
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 and invites public comment on the approval of a new ICR
titled, Non-Insulin-Treated Diabetes Mellitus Assessment Form, MCSA-
5872. This Information Collection (IC) is voluntary and may be utilized
by medical examiners (MEs) responsible for issuing Medical Examiner's
Certificates, Form MCSA-5876, to individuals diagnosed with non-
insulin-treated diabetes mellitus who operate commercial motor vehicles
(CMV) in interstate commerce. MEs choosing to use this IC will do so in
an effort to communicate with treating healthcare providers who manage
the diabetes care of individuals diagnosed with non-insulin-treated
diabetes mellitus who operate CMVs. The information obtained by MEs
will assist them in determining whether an individual diagnosed with
non-insulin-treated diabetes mellitus meets FMCSA's physical
qualification standards.
DATES: Comments must be received on or before June 12, 2023.
ADDRESSES: You may submit comments identified by Federal Docket
Management System Docket Number FMCSA-2021-0183 using any of the
following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov/docket/FMCSA-2021-0183/document">www.regulations.gov/docket/FMCSA-2021-0183/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. ET 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.
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 <a href="http://www.regulations.gov">www.regulations.gov</a>, including any
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 <a href="http://www.regulations.gov">www.regulations.gov</a>, and follow the online
instructions for accessing the docket, or go to the street address
listed above.
Privacy Act: In accordance with the Paperwork Reduction Act, FMCSA
solicits comments from the public to better inform the Agency about the
burden of the proposed ICR. FMCSA 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), which can be reviewed at
<a href="http://www.transportation.gov/privacy">www.transportation.gov/privacy</a>.
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 ``FAQ'' section
of the Federal eRulemaking Portal website.
FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division, FMCSA, DOT, 1200 New Jersey Avenue SE, Room
W64-224, Washington, DC 20590-0001, (202) 366-4001,
<a href="/cdn-cgi/l/email-protection#fc9a919f8f9d919998959f9d90bc989388d29b938a"><span class="__cf_email__" data-cfemail="c0a6ada3b3a1ada5a4a9a3a1ac80a4afb4eea7afb6">[email protected]</span></a>. Office hours are from 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, contact Dockets
Operations, (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Background
The primary mission of FMCSA is to reduce crashes, injuries, and
fatalities involving CMVs (large trucks and buses). CMVs are longer,
heavier, and more difficult to maneuver than automobiles. Not only does
it take a skilled driver to operate them safely, it takes a physically
and mentally fit driver to do so as well. Information used to determine
and certify driver medical fitness helps to promote and maintain safety
on our nation's highways.
FMCSA is required by statute to establish minimum 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 applicable to this collection are outlined
in the Federal Motor Carrier Safety Regulations (FMCSRs) at 49 CFR part
391, subpart E. The FMCSRs in Sec. 391.41(b) \1\ set forth the
[[Page 22518]]
physical qualification standards that individuals operating CMVs in
interstate commerce who are subject to part 391 must meet. The FMCSRs
covering the performance of the CMV physical qualification examination
of individuals who operate in interstate commerce by an ME and the
related recordkeeping requirements are found at Sec. 391.43. The
results of the examination must be recorded in accordance with the
requirements set forth in that section; they include preparing and
maintaining a Medical Examination Report Form, MCSA-5875, and, if the
individual is physically qualified, issuing a Medical Examiner's
Certificate, Form MCSA-5876.
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\1\ 49 CFR 391.41; Physical qualifications for drivers.
Available at <a href="https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-391/subpart-E">https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-391/subpart-E</a>.
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The FMCSRs in Sec. 391.41(b)(1) through (13) generally include the
physical qualification standards required for the medical certification
of individuals who operate a CMV in interstate commerce. The physical
qualification standards in Sec. 391.46 address the physical
qualification requirements for medical certification of individuals who
are diagnosed with diabetes mellitus and are treated with insulin.
However, the FMCSRs do not specifically address individuals who are
diagnosed with diabetes mellitus and are treated with non-insulin
therapy. The type of diabetes mellitus that is not treated with insulin
(commonly known as Type 2 diabetes) is recognized as a health concern
for the general public.
Non-insulin-treated diabetes mellitus that is not properly managed
and controlled may result in diabetes complications and/or target organ
damage and in the individual's physical condition being inadequate to
enable the driver to operate a CMV safely. The physical qualification
standards in the FMCSRs broadly address some of the conditions and
symptoms that may be attributable to complications from non-insulin-
treated diabetes mellitus. Examples include the loss of limb and limb
impairment standards (Sec. 391.41(b)(1) and (2)); the cardiovascular
standard (Sec. 391.41(b)(4)); the rheumatic, arthritic, orthopedic,
muscular, neuromuscular, or vascular standard (Sec. 391.41(b)(7)); and
the loss of consciousness standard (Sec. 391.41(b)(8)).
In performing a thorough assessment and evaluation of an individual
diagnosed with non-insulin-treated diabetes mellitus, the ME may need
to consult with the individual's treating healthcare provider who
manages the individual's diabetes. The ME may find this helpful in
determining whether the individual has any medical conditions or
symptoms, such as frequent episodes of severe hypoglycemia, that may
prevent the individual from meeting the physical qualification
standards and receiving a Medical Examiner's Certificate, Form MCSA-
5876. This voluntary collection would assist the ME by ensuring that
the treating healthcare provider includes the appropriate information,
via the Non-Insulin-Treated Diabetes Mellitus Assessment Form, MCSA-
5872, in a standardized manner, which would assist the ME in making an
informed and sound physical qualification determination.
In May 2021, FMCSA's Medical Review Board (MRB) deliberated on the
topic and contents of a draft Non-Insulin-Treated Diabetes Mellitus
Assessment Form, MCSA-5872 (Task 21-2). FMCSA directed the MRB to
review and comment on whether the information on the proposed form
provided sufficient information concerning the treatment, management,
and control of an individual's non-insulin-treated diabetes mellitus
condition to assist a ME in making an appropriate physical
qualification determination. The Agency also requested that the MRB
identify any areas of ambiguity as well as additional information that
FMCSA should include on the form. Based on its review, the MRB made
some recommendations to improve the clarity and quality of information
on the Non-Insulin-Treated Diabetes Mellitus Assessment Form, MCSA-
5872, which is provided from the individual's treating healthcare
provider to the ME.
There is no required collection frequency for the Non-Insulin-
Treated Diabetes Mellitus Assessment Form, MCSA-5872, because the use
of this IC is voluntary and at the discretion of the ME.
The Non-Insulin-Treated Diabetes Mellitus Assessment Form, MCSA-
5872, will be available as a fillable pdf and may be downloaded from
the FMCSA website. Treating healthcare providers may provide the form
to the individual, or fax or scan and email the form directly to the
ME. 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 50 percent of the Non-Insulin-Treated Diabetes Mellitus
Assessment Forms, MCSA-5872, will be transmitted electronically.
The information collected on the Non-Insulin-Treated Diabetes
Mellitus Assessment Form, MCSA-5872, will be used by the ME who
requests completion of the form and will not be available to the
public. The Non-Insulin-Treated Diabetes Mellitus Assessment Form,
MCSA-5872, will become a part of the individual's physical
qualification examination records that are maintained and retained by
the ME for a period of at least 3 years from the date of the
examination.\2\
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\2\ The burden for the ME to file and retain the driver
examination forms is covered in the Medical Qualification
Requirements ICR, OMB Control Number 2126-0006, which is currently
due to expire on March 31, 2025.
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Title: Non-Insulin-Treated Diabetes Mellitus Assessment Form, MCSA-
5872.
OMB Control Number: 2126-00XX.
Type of Request: New collection.
Respondents: Treating healthcare providers of individuals who are
diagnosed with non-insulin treated diabetes mellitus who operate CMVs.
Estimated Number of Respondents: 242,057 respondents.
Estimated Time per Response: 8 minutes.
Expiration Date: N/A. This is a new ICR.
Frequency of Response: Other (Voluntary use at the medical
discretion of the ME).
Estimated Total Annual Burden: 32,274 hours.
Public Comments Invited: You are asked to comment on any aspect of
this IC, 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. 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.
Thomas P. Keane,
Associate Administrator, Office of Research and Registration.
[FR Doc. 2023-07823 Filed 4-12-23; 8:45 am]
BILLING CODE 4910-EX-P
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</html>Indexed from Federal Register on April 13, 2023.
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.