82_FR_35184 82 FR 35041 - Agency Information Collection Activities; Information Collection Revision Request-Medical Qualification Requirements, OMB Control Number 2126-0006

82 FR 35041 - Agency Information Collection Activities; Information Collection Revision Request-Medical Qualification Requirements, OMB Control Number 2126-0006

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 143 (July 27, 2017)

Page Range35041-35043
FR Document2017-15835

In accordance with the Paperwork Reduction Act of 1995, FMCSA announces that it is considering submitting the Information Collection Request (ICR) described below to the Office of Management and Budget (OMB) for its review and approval and invites public comment on a revision to the Information Collection (IC) titled Medical Qualification Requirements, covered by OMB Control Number 2126-0006, which is currently due to expire on August 31, 2018. This revision is due to the Agency's anticipation of a final rule to revise its regulations to eliminate the blanket prohibition against insulin- dependent diabetic individuals' operation of commercial motor vehicles (CMV) in interstate commerce. The final rule is based on the Agency's 2015 Notice of Proposed Rulemaking (NPRM) and subsequent announcement of the availability of recommendations provided by FMCSA's Medical Review Board (MRB) after an analysis of the comments received in response to the NPRM. Based on the MRB's analysis of the comments and their recommendations, FMCSA is considering replacing the previously proposed written notification from the treating clinician (TC) with a form titled Insulin-Treated Diabetes Mellitus Assessment Form to be completed by the TC and provided to the certified medical examiner (certified ME). This form could be required for CMV drivers treated with insulin for diabetes who wish to drive in interstate commerce. FMCSA invites public comment on the proposed IC revision and the form that it is being considered.

Federal Register, Volume 82 Issue 143 (Thursday, July 27, 2017)
[Federal Register Volume 82, Number 143 (Thursday, July 27, 2017)]
[Notices]
[Pages 35041-35043]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-15835]



[[Page 35041]]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2005-23151]


Agency Information Collection Activities; Information Collection 
Revision Request--Medical Qualification Requirements, OMB Control 
Number 2126-0006

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice and request for comments.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA 
announces that it is considering submitting the Information Collection 
Request (ICR) described below to the Office of Management and Budget 
(OMB) for its review and approval and invites public comment on a 
revision to the Information Collection (IC) titled Medical 
Qualification Requirements, covered by OMB Control Number 2126-0006, 
which is currently due to expire on August 31, 2018. This revision is 
due to the Agency's anticipation of a final rule to revise its 
regulations to eliminate the blanket prohibition against insulin-
dependent diabetic individuals' operation of commercial motor vehicles 
(CMV) in interstate commerce. The final rule is based on the Agency's 
2015 Notice of Proposed Rulemaking (NPRM) and subsequent announcement 
of the availability of recommendations provided by FMCSA's Medical 
Review Board (MRB) after an analysis of the comments received in 
response to the NPRM. Based on the MRB's analysis of the comments and 
their recommendations, FMCSA is considering replacing the previously 
proposed written notification from the treating clinician (TC) with a 
form titled Insulin-Treated Diabetes Mellitus Assessment Form to be 
completed by the TC and provided to the certified medical examiner 
(certified ME). This form could be required for CMV drivers treated 
with insulin for diabetes who wish to drive in interstate commerce. 
FMCSA invites public comment on the proposed IC revision and the form 
that it is being considered.

DATES: We must receive your comments on or before September 25, 2017.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Docket Number FMCSA-2005-23151 using any of 
the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Docket Services; U.S. Department of Transportation, 
1200 New Jersey Avenue SE., West Building, Ground Floor, Room W12-140, 
Washington, DC 20590-0001.
     Hand Delivery or Courier: U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building, Ground 
Floor, Room W12-140, Washington, DC, between 9 a.m. and 5 p.m. e.t., 
Monday through Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and 
docket number. For detailed instructions on submitting comments and 
additional information on the exemption process, see the Public 
Participation heading below. Note that all comments received will be 
posted without change to http://www.regulations.gov, 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 http://www.regulations.gov, and follow the 
online instructions for accessing the dockets, or go to the street 
address listed above.
    Privacy Act: Anyone is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement for the Federal Docket Management System 
published in the Federal Register on January 17, 2008 (73 FR 3316), or 
you may visit http://edocket.access.thefederalregister.org/2008/pdfE8-794.pdf.
    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 ``help'' section 
of the Federal eRulemaking Portal Web site. If you want us to notify 
you that we received your comments, please include a self-addressed, 
stamped envelope or postcard, or print the acknowledgement page that 
appears after submitting comments online. Comments received after the 
comment closing date will be included in the docket and will be 
considered to the extent practicable.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, U.S. Department of Transportation, Federal 
Motor Carrier Safety Administration, West Building 6th Floor, 1200 New 
Jersey Avenue SE., Washington, DC 20590. Telephone: 202-366-4001; email 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The primary mission of FMCSA is to reduce crashes, injuries, and 
fatalities involving large trucks and buses. The Secretary of 
Transportation has delegated to FMCSA its responsibility under 49 
U.S.C. 31136, 31149 and 31502 to prescribe regulations that ensure that 
CMVs are operated safely. As part of this mission, the Agency's Medical 
Programs Division works to ensure that CMV drivers engaged in 
interstate commerce are physically qualified and able to safely perform 
their work.
    Information used to determine and certify driver medical fitness 
must be collected for our highways to be safe. FMCSA is the Federal 
government agency authorized to require the collection of this 
information and the authorizing regulations are located at 49 CFR 390-
399. 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), 
31149(c)(1)(A)(i), and 31502(b)). The regulations relevant to this 
collection are outlined in the Federal Motor Carrier Safety Regulations 
(FMCSRs) at 49 CFR 390-399. 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 drivers operating 
vehicles 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 must be recorded in accordance with the requirements set 
forth in that section.
    Section 391.41(b)(3) states that a person is physically qualified 
to drive a CMV if that person has no established medical history or 
clinical diagnosis of diabetes mellitus currently requiring insulin for 
control. As such, drivers with insulin-treated diabetes mellitus (ITDM) 
are currently prohibited from driving CMVs in interstate commerce 
unless they obtain an exemption from FMCSA.
    On May 4, 2015 (80 FR 25260), FMCSA published a NPRM proposing to 
revise Sec.  391.41(b)(3) to permit drivers with stable, well 
controlled ITDM to be

[[Page 35042]]

qualified to operate CMVs in interstate commerce who meet the proposed 
new requirements of Sec. Sec.  391.45 and 391.46. The proposal would 
enable drivers with ITDM to obtain a Medical Examiner's Certificate 
(MEC), Form MCSA-5876, from a certified ME at least annually to operate 
a CMV in interstate commerce if the TC provides documentation to the 
certified ME that the condition is stable and well controlled.
    To assist in the development of the final rule, FMCSA requested 
that the MRB, under MRB Task 15-1, review and analyze all comments from 
medical professionals, labor and industry, and trade associations, and 
identify factors the Agency should consider when making decisions about 
the next steps in the diabetes rulemaking. In July 2015, the MRB 
deliberated on these public comments for purposes of offering 
recommendations to the Agency on this topic.
    In September of 2015, the MRB provided several detailed 
recommendations in a final report of Task 15-1 to the Agency. In the 
report, the MRB recommended that FMCSA develop a questionnaire for the 
TC to send to the certified ME. See Recommendation II E, ``FMCSA 
Drivers With Insulin Treated Diabetes Mellitus Assessment Form.'' In 
September 2016, the Agency published a Federal Register notice 
announcing the availability of and requesting comments on the MRB's 
Task 15-1 recommendations. The MRB's final report for Task 15-1 and the 
Federal Register notice are available in the docket for this rulemaking 
(in addition to being available on the Agency's public Web site).
    The Agency evaluated the MRB's recommendations, as well as public 
comments, and is considering the use of an assessment form titled 
Insulin-Treated Diabetes Mellitus Assessment Form. The Agency may 
modify the form and the information that would be collected in response 
to any comments received in response to this notice. The addition of 
this requirement will add 33,616 annual burden hours and $2,823,744 
annual salary costs. However, eliminating the Diabetes Exemption 
Program as proposed in the NPRM will result in 2,219 less annual burden 
hours and $68,645 less annual salary costs. Therefore, the final rule 
would provide a net increase of 31,397 in annual burden hours and 
$2,755,099 in salary costs from the proposed updated annual burden 
hours and costs. The form that is being considered would include the 
following information collected by the TC:

CMV Driver Information

1. Name
2. DOB
3. Information about the driver's use of insulin:
    a. Whether the driver is newly diagnosed or an established insulin 
user
    b. Date insulin use began
    c. Whether or not the driver has been on a stable insulin regimen 
for three months prior
4. Information about the driver's use of blood glucose self-monitoring 
records
    a. Whether or not the driver provided documentation of ongoing 
self-monitoring of blood glucose measured with an electronic glucometer 
for at least the preceding three months
    b. Number of times per day the driver is testing their blood 
glucose
    c. Whether or not the driver is compliant with glucose monitoring 
based on his/her specific treatment plan
5. Information about insulin management and diabetes control
    a. Whether or not the driver has experienced any severe 
hypoglycemic episodes within the preceding three months
    b. Whether or not the driver has experienced any severe 
hypoglycemic episodes in the absence of warning symptoms in the 
preceding three months
    c. Whether or not the driver has had his/her HbA1C measured 
intermittently over the last 12 months with the most recent measure 
within the preceding three months accompanied by a copy of the most 
recent laboratory results.
6. Information about diabetes complications
    a. Whether or not the driver has any signs of diabetes 
complications or target organ damage that impairs the driver's ability 
to safely operate a CMV
7. Information about progressive eye diseases
    a. Date of last comprehensive dilated eye examination
    b. Whether or not the driver has been diagnosed with Stage 3 or 4 
diabetic retinopathy
    c. Whether or not the driver has been diagnosed with any other 
progressive eye disease(s)
8. Any comments provided by the TC

TC Information

1. Certification that they are the treating clinician for the driver 
and that the driver maintains a stable insulin regimen and stable 
control of his/her insulin-treated diabetes mellitus.
2. Date
3. Name
4. Signature
5. Telephone Number
6. Email address
7. Street Address
8. City, State, and Zip Code

    The public interest in, and the 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 a 
CMV.
    Therefore, the information collected on this assessment form could 
assist the certified ME in determining if the driver with ITDM that is 
being examined is medically qualified under 49 CFR 391.41 to operate a 
CMV, and to ensure that there are no medical conditions that could 
adversely affect his or her ability to drive safely or cause 
incapacitation constituting a risk to the public.
    The use of this form could allow the certified ME to have 
communication with TCs so that the certified ME fully understands 
whether the driver with ITDM that is being examined has stable, well-
controlled diabetes. This information will assist the ME in determining 
whether insulin treatment or any medical complications of diabetes will 
impact a driver's ability to safely operate a CMV. Therefore, FMCSA 
expects that 100 percent of drivers who are treated with insulin and 
intend to operate a CMV in interstate commerce will have the form 
completed by their TC.
    TCs would be able to fax or scan and email the form to the 
certified 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 25 percent of the Insulin-Treated Diabetes Mellitus 
Assessment Forms would be transmitted electronically.
    The information collected from the Insulin-Treated Diabetes 
Mellitus Assessment Form provided to the certified ME will become part 
of the CMV driver's record maintained for at least three years by the 
certified ME. Therefore, the information will not be available to the 
public. The FMCSRs covering driver physical qualification records are 
found at 49 CFR 391.43, which specify that a medical

[[Page 35043]]

examination be performed on CMV drivers subject to part 391, subpart E 
who operate in interstate commerce. The results of the examination 
shall be recorded in accordance with the requirements set forth in that 
section.
    Title: Medical Qualification Requirements.
    OMB Control Number: 2126-0006.
    Type of Request: Revised collection.
    Respondents: Treating Clinicians (i.e., healthcare professional who 
manages and prescribes insulin for treatment of a driver's diabetes 
mellitus as authorized by the healthcare professional's applicable 
State licensing board).
    Estimated Number of Respondents: 252,117 treating clinicians.
    Estimated Time per Response: 8 minutes.
    Expiration Date: 8/31/2018.
    Frequency of Response: Required.
    Estimated Total Annual Burden: 33,616 hours.
    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 information 
collection.

    Issued under the authority of 49 CFR 1.87 on: July 20, 2017.
G. Kelly Regal,
Associate Administrator for Office of Research and Information 
Technology and Chief Information Officer.
[FR Doc. 2017-15835 Filed 7-26-17; 8:45 am]
 BILLING CODE 4910-EX-P



                                                                                 Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Notices                                          35041

                                                  DEPARTMENT OF TRANSPORTATION                                • Fax: 1–202–493–2251.                             202–366–4001; email FMCSAmedical.@
                                                                                                              • Mail: Docket Services; U.S.                      dot.gov.
                                                  Federal Motor Carrier Safety                             Department of Transportation, 1200                    SUPPLEMENTARY INFORMATION:
                                                  Administration                                           New Jersey Avenue SE., West Building,
                                                                                                           Ground Floor, Room W12–140,                           Background
                                                  [Docket No. FMCSA–2005–23151]
                                                                                                           Washington, DC 20590–0001.                               The primary mission of FMCSA is to
                                                  Agency Information Collection                               • Hand Delivery or Courier: U.S.                   reduce crashes, injuries, and fatalities
                                                  Activities; Information Collection                       Department of Transportation, 1200                    involving large trucks and buses. The
                                                  Revision Request—Medical                                 New Jersey Avenue SE., West Building,                 Secretary of Transportation has
                                                  Qualification Requirements, OMB                          Ground Floor, Room W12–140,                           delegated to FMCSA its responsibility
                                                  Control Number 2126–0006                                 Washington, DC, between 9 a.m. and 5                  under 49 U.S.C. 31136, 31149 and
                                                                                                           p.m. e.t., Monday through Friday,                     31502 to prescribe regulations that
                                                  AGENCY: Federal Motor Carrier Safety                     except Federal holidays.                              ensure that CMVs are operated safely.
                                                  Administration (FMCSA), DOT.                                Instructions: All submissions must                 As part of this mission, the Agency’s
                                                  ACTION: Notice and request for                           include the Agency name and docket                    Medical Programs Division works to
                                                  comments.                                                number. For detailed instructions on                  ensure that CMV drivers engaged in
                                                                                                           submitting comments and additional                    interstate commerce are physically
                                                  SUMMARY:    In accordance with the
                                                                                                           information on the exemption process,                 qualified and able to safely perform
                                                  Paperwork Reduction Act of 1995,
                                                                                                           see the Public Participation heading                  their work.
                                                  FMCSA announces that it is considering                                                                            Information used to determine and
                                                  submitting the Information Collection                    below. Note that all comments received
                                                                                                           will be posted without change to http://              certify driver medical fitness must be
                                                  Request (ICR) described below to the                                                                           collected for our highways to be safe.
                                                  Office of Management and Budget                          www.regulations.gov, including any
                                                                                                           personal information provided. Please                 FMCSA is the Federal government
                                                  (OMB) for its review and approval and                                                                          agency authorized to require the
                                                  invites public comment on a revision to                  see the Privacy Act heading below.
                                                                                                              Docket: For access to the docket to                collection of this information and the
                                                  the Information Collection (IC) titled                                                                         authorizing regulations are located at 49
                                                  Medical Qualification Requirements,                      read background documents or
                                                                                                           comments received, go to http://                      CFR 390–399. FMCSA is required by
                                                  covered by OMB Control Number 2126–                                                                            statute to establish standards for the
                                                  0006, which is currently due to expire                   www.regulations.gov, and follow the
                                                                                                           online instructions for accessing the                 physical qualifications of drivers who
                                                  on August 31, 2018. This revision is due                                                                       operate CMVs in interstate commerce
                                                  to the Agency’s anticipation of a final                  dockets, or go to the street address listed
                                                                                                           above.                                                for non-excepted industries (49 U.S.C.
                                                  rule to revise its regulations to eliminate                                                                    31136(a)(3), 31149(c)(1)(A)(i), and
                                                  the blanket prohibition against insulin-                    Privacy Act: Anyone is able to search
                                                                                                           the electronic form of all comments                   31502(b)). The regulations relevant to
                                                  dependent diabetic individuals’                                                                                this collection are outlined in the
                                                  operation of commercial motor vehicles                   received into any of our dockets by the
                                                                                                           name of the individual submitting the                 Federal Motor Carrier Safety
                                                  (CMV) in interstate commerce. The final                                                                        Regulations (FMCSRs) at 49 CFR 390–
                                                  rule is based on the Agency’s 2015                       comment (or signing the comment, if
                                                                                                                                                                 399. The FMCSRs at 49 CFR 391.41 set
                                                  Notice of Proposed Rulemaking (NPRM)                     submitted on behalf of an association,
                                                                                                                                                                 forth the physical qualification
                                                  and subsequent announcement of the                       business, labor union, etc.). You may
                                                                                                                                                                 standards that interstate CMV drivers
                                                  availability of recommendations                          review DOT’s complete Privacy Act
                                                                                                                                                                 who are subject to part 391 must meet,
                                                  provided by FMCSA’s Medical Review                       Statement for the Federal Docket
                                                                                                                                                                 with the exception of drivers operating
                                                  Board (MRB) after an analysis of the                     Management System published in the
                                                                                                                                                                 vehicles transporting migrant workers
                                                  comments received in response to the                     Federal Register on January 17, 2008
                                                                                                                                                                 (who must meet the physical
                                                  NPRM. Based on the MRB’s analysis of                     (73 FR 3316), or you may visit http://
                                                                                                                                                                 qualification standards set forth in 49
                                                  the comments and their                                   edocket.access.gpo.gov/2008/pdfE8-
                                                                                                                                                                 CFR 398.3). The FMCSRs covering
                                                  recommendations, FMCSA is                                794.pdf.                                              driver physical qualification records are
                                                  considering replacing the previously                        Public Participation: The Federal                  found at 49 CFR 391.43, which specify
                                                  proposed written notification from the                   eRulemaking Portal is available 24                    that a medical examination be
                                                  treating clinician (TC) with a form titled               hours each day, 365 days each year. You               performed on CMV drivers subject to
                                                  Insulin-Treated Diabetes Mellitus                        can obtain electronic submission and                  part 391 who operate in interstate
                                                  Assessment Form to be completed by                       retrieval help and guidelines under the               commerce. The results of the
                                                  the TC and provided to the certified                     ‘‘help’’ section of the Federal                       examination must be recorded in
                                                  medical examiner (certified ME). This                    eRulemaking Portal Web site. If you                   accordance with the requirements set
                                                  form could be required for CMV drivers                   want us to notify you that we received                forth in that section.
                                                  treated with insulin for diabetes who                    your comments, please include a self-                    Section 391.41(b)(3) states that a
                                                  wish to drive in interstate commerce.                    addressed, stamped envelope or                        person is physically qualified to drive a
                                                  FMCSA invites public comment on the                      postcard, or print the acknowledgement                CMV if that person has no established
                                                  proposed IC revision and the form that                   page that appears after submitting                    medical history or clinical diagnosis of
                                                  it is being considered.                                  comments online. Comments received                    diabetes mellitus currently requiring
                                                  DATES: We must receive your comments                     after the comment closing date will be                insulin for control. As such, drivers
                                                  on or before September 25, 2017.                         included in the docket and will be                    with insulin-treated diabetes mellitus
                                                  ADDRESSES: You may submit comments                       considered to the extent practicable.                 (ITDM) are currently prohibited from
mstockstill on DSK30JT082PROD with NOTICES




                                                  identified by Federal Docket                             FOR FURTHER INFORMATION CONTACT: Ms.                  driving CMVs in interstate commerce
                                                  Management System (FDMS) Docket                          Christine A. Hydock, Chief, Medical                   unless they obtain an exemption from
                                                  Number FMCSA–2005–23151 using any                        Programs Division, U.S. Department of                 FMCSA.
                                                  of the following methods:                                Transportation, Federal Motor Carrier                    On May 4, 2015 (80 FR 25260),
                                                     • Federal eRulemaking Portal: http://                 Safety Administration, West Building                  FMCSA published a NPRM proposing to
                                                  www.regulations.gov. Follow the online                   6th Floor, 1200 New Jersey Avenue SE.,                revise § 391.41(b)(3) to permit drivers
                                                  instructions for submitting comments.                    Washington, DC 20590. Telephone:                      with stable, well controlled ITDM to be


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                                                  35042                          Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Notices

                                                  qualified to operate CMVs in interstate                  CMV Driver Information                                     regimen and stable control of his/
                                                  commerce who meet the proposed new                       1. Name                                                    her insulin-treated diabetes
                                                  requirements of §§ 391.45 and 391.46.                    2. DOB                                                     mellitus.
                                                  The proposal would enable drivers with                   3. Information about the driver’s use of              2. Date
                                                  ITDM to obtain a Medical Examiner’s                            insulin:                                        3. Name
                                                  Certificate (MEC), Form MCSA–5876,                          a. Whether the driver is newly                     4. Signature
                                                  from a certified ME at least annually to                       diagnosed or an established insulin             5. Telephone Number
                                                  operate a CMV in interstate commerce if                        user                                            6. Email address
                                                  the TC provides documentation to the                        b. Date insulin use began                          7. Street Address
                                                  certified ME that the condition is stable                   c. Whether or not the driver has been              8. City, State, and Zip Code
                                                  and well controlled.                                           on a stable insulin regimen for three              The public interest in, and the right
                                                     To assist in the development of the                         months prior                                    to have, safe highways requires the
                                                  final rule, FMCSA requested that the                     4. Information about the driver’s use of              assurance that drivers of CMVs can
                                                  MRB, under MRB Task 15–1, review                               blood glucose self-monitoring                   safely perform the increased physical
                                                  and analyze all comments from medical                          records                                         and mental demands of their duties.
                                                  professionals, labor and industry, and                      a. Whether or not the driver provided              FMCSA’s medical standards provide
                                                  trade associations, and identify factors                       documentation of ongoing self-                  this assurance by requiring drivers to be
                                                  the Agency should consider when                                monitoring of blood glucose                     examined and medically certified as
                                                  making decisions about the next steps in                       measured with an electronic                     physically and mentally qualified to
                                                  the diabetes rulemaking. In July 2015,                         glucometer for at least the                     drive a CMV.
                                                  the MRB deliberated on these public                            preceding three months                             Therefore, the information collected
                                                  comments for purposes of offering                           b. Number of times per day the driver              on this assessment form could assist the
                                                  recommendations to the Agency on this                          is testing their blood glucose                  certified ME in determining if the driver
                                                  topic.                                                      c. Whether or not the driver is                    with ITDM that is being examined is
                                                     In September of 2015, the MRB                               compliant with glucose monitoring               medically qualified under 49 CFR
                                                  provided several detailed                                      based on his/her specific treatment             391.41 to operate a CMV, and to ensure
                                                  recommendations in a final report of                           plan                                            that there are no medical conditions that
                                                  Task 15–1 to the Agency. In the report,                  5. Information about insulin                          could adversely affect his or her ability
                                                  the MRB recommended that FMCSA                                 management and diabetes control                 to drive safely or cause incapacitation
                                                  develop a questionnaire for the TC to                       a. Whether or not the driver has                   constituting a risk to the public.
                                                  send to the certified ME. See                                  experienced any severe                             The use of this form could allow the
                                                  Recommendation II E, ‘‘FMCSA Drivers                           hypoglycemic episodes within the                certified ME to have communication
                                                  With Insulin Treated Diabetes Mellitus                         preceding three months                          with TCs so that the certified ME fully
                                                  Assessment Form.’’ In September 2016,                       b. Whether or not the driver has                   understands whether the driver with
                                                  the Agency published a Federal                                 experienced any severe                          ITDM that is being examined has stable,
                                                  Register notice announcing the                                 hypoglycemic episodes in the                    well-controlled diabetes. This
                                                  availability of and requesting comments                        absence of warning symptoms in                  information will assist the ME in
                                                  on the MRB’s Task 15–1                                         the preceding three months                      determining whether insulin treatment
                                                  recommendations. The MRB’s final                            c. Whether or not the driver has had               or any medical complications of
                                                  report for Task 15–1 and the Federal                           his/her HbA1C measured                          diabetes will impact a driver’s ability to
                                                  Register notice are available in the                           intermittently over the last 12                 safely operate a CMV. Therefore,
                                                  docket for this rulemaking (in addition                        months with the most recent                     FMCSA expects that 100 percent of
                                                  to being available on the Agency’s                             measure within the preceding three              drivers who are treated with insulin and
                                                  public Web site).                                              months accompanied by a copy of                 intend to operate a CMV in interstate
                                                     The Agency evaluated the MRB’s                              the most recent laboratory results.             commerce will have the form completed
                                                  recommendations, as well as public                       6. Information about diabetes                         by their TC.
                                                  comments, and is considering the use of                        complications                                      TCs would be able to fax or scan and
                                                  an assessment form titled Insulin-                          a. Whether or not the driver has any               email the form to the certified ME.
                                                  Treated Diabetes Mellitus Assessment                           signs of diabetes complications or              Consistent with OMB’s commitment to
                                                  Form. The Agency may modify the form                           target organ damage that impairs                minimizing respondents’ recordkeeping
                                                  and the information that would be                              the driver’s ability to safely operate          and paperwork burdens, and the
                                                  collected in response to any comments                          a CMV                                           increased use of secure electronic
                                                  received in response to this notice. The                 7. Information about progressive eye                  modes of communication, the Agency
                                                  addition of this requirement will add                          diseases                                        anticipates that approximately 25
                                                  33,616 annual burden hours and                              a. Date of last comprehensive dilated              percent of the Insulin-Treated Diabetes
                                                  $2,823,744 annual salary costs.                                eye examination                                 Mellitus Assessment Forms would be
                                                  However, eliminating the Diabetes                           b. Whether or not the driver has been              transmitted electronically.
                                                  Exemption Program as proposed in the                           diagnosed with Stage 3 or 4 diabetic               The information collected from the
                                                  NPRM will result in 2,219 less annual                          retinopathy                                     Insulin-Treated Diabetes Mellitus
                                                  burden hours and $68,645 less annual                        c. Whether or not the driver has been              Assessment Form provided to the
                                                  salary costs. Therefore, the final rule                        diagnosed with any other                        certified ME will become part of the
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                                                  would provide a net increase of 31,397                         progressive eye disease(s)                      CMV driver’s record maintained for at
                                                  in annual burden hours and $2,755,099                    8. Any comments provided by the TC                    least three years by the certified ME.
                                                  in salary costs from the proposed                                                                              Therefore, the information will not be
                                                  updated annual burden hours and costs.                   TC Information                                        available to the public. The FMCSRs
                                                  The form that is being considered would                  1. Certification that they are the treating           covering driver physical qualification
                                                  include the following information                            clinician for the driver and that the             records are found at 49 CFR 391.43,
                                                  collected by the TC:                                         driver maintains a stable insulin                 which specify that a medical


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                                                                                 Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Notices                                                35043

                                                  examination be performed on CMV                          Regulations (FMCSRs) to operate a                     FOR FURTHER INFORMATION CONTACT:     Ms.
                                                  drivers subject to part 391, subpart E                   commercial motor vehicle (CMV) in                     Christine A. Hydock, Chief, Medical
                                                  who operate in interstate commerce.                      interstate commerce. If granted, the                  Programs Division, (202) 366–4001,
                                                  The results of the examination shall be                  exemptions will enable these                          fmcsamedical@dot.gov, FMCSA,
                                                  recorded in accordance with the                          individuals to operate CMVs in                        Department of Transportation, 1200
                                                  requirements set forth in that section.                  interstate commerce without meeting                   New Jersey Avenue SE., Room W64–
                                                    Title: Medical Qualification                           the vision requirement in one eye.                    224, Washington, DC 20590–0001.
                                                  Requirements.                                            DATES: Comments must be received on                   Office hours are 8:30 a.m. to 5 p.m., e.t.,
                                                    OMB Control Number: 2126–0006.                         or before August 28, 2017.                            Monday through Friday, except Federal
                                                    Type of Request: Revised collection.                                                                         holidays. If you have questions
                                                    Respondents: Treating Clinicians (i.e.,                ADDRESSES: You may submit comments
                                                                                                                                                                 regarding viewing or submitting
                                                  healthcare professional who manages                      bearing the Federal Docket Management                 material to the docket, contact Docket
                                                  and prescribes insulin for treatment of                  System (FDMS) Docket No. FMCSA–                       Services, telephone (202) 366–9826.
                                                  a driver’s diabetes mellitus as                          2017–0019 using any of the following
                                                                                                                                                                 SUPPLEMENTARY INFORMATION:
                                                  authorized by the healthcare                             methods:
                                                  professional’s applicable State licensing                  • Federal eRulemaking Portal: Go to                 I. Background
                                                  board).                                                  http://www.regulations.gov. Follow the                   Under 49 U.S.C. 31136(e) and 31315,
                                                    Estimated Number of Respondents:                       online instructions for submitting                    FMCSA may grant an exemption from
                                                  252,117 treating clinicians.                             comments.                                             the Federal Motor Carrier Safety
                                                    Estimated Time per Response: 8                           • Mail: Docket Management Facility;                 Regulations for a two-year period if it
                                                  minutes.                                                 U.S. Department of Transportation, 1200               finds ‘‘such exemption would likely
                                                    Expiration Date: 8/31/2018.                            New Jersey Avenue SE., West Building                  achieve a level of safety that is
                                                    Frequency of Response: Required.                       Ground Floor, Room W12–140,                           equivalent to or greater than the level
                                                    Estimated Total Annual Burden:                         Washington, DC 20590–0001.                            that would be achieved absent such
                                                  33,616 hours.                                              • Hand Delivery: West Building                      exemption.’’ FMCSA can renew
                                                    Public Comments Invited: You are                       Ground Floor, Room W12–140, 1200                      exemptions at the end of each two-year
                                                  asked to comment on any aspect of this                   New Jersey Avenue SE., Washington,                    period.
                                                  information collection, including: (1)                   DC, between 9 a.m. and 5 p.m., E.T.,                     The 12 individuals listed in this
                                                  Whether the proposed collection is                       Monday through Friday, except Federal                 notice have each requested such an
                                                  necessary for the performance of                         Holidays.                                             exemption from the vision requirement
                                                  FMCSA’s functions; (2) the accuracy of                     • Fax: 1–202–493–2251.                              in 49 CFR 391.41(b)(10). Accordingly,
                                                  the estimated burden; (3) ways for                                                                             the Agency will evaluate the
                                                                                                              Instructions: Each submission must
                                                  FMCSA to enhance the quality,                                                                                  qualifications of each applicant to
                                                                                                           include the Agency name and the
                                                  usefulness, and clarity of the collected                                                                       determine whether granting an
                                                                                                           docket numbers for this notice. Note
                                                  information; and (4) ways that the                                                                             exemption will achieve the required
                                                                                                           that all comments received will be
                                                  burden could be minimized without                                                                              level of safety mandated by statute.
                                                                                                           posted without change to http://
                                                  reducing the quality of the collected                                                                             The physical qualification standard
                                                                                                           www.regulations.gov, including any
                                                  information. The agency will summarize                                                                         for drivers regarding vision found in 49
                                                                                                           personal information provided. Please
                                                  or include your comments in the request                                                                        CFR 391.41(b)(10) states that a person is
                                                                                                           see the Privacy Act heading below for
                                                  for OMB’s clearance of this information                                                                        physically qualified to drive a CMV if
                                                                                                           further information.
                                                  collection.                                                                                                    that person:
                                                                                                              Docket: For access to the docket to
                                                    Issued under the authority of 49 CFR 1.87              read background documents or                             Has distant visual acuity of at least 20/40
                                                  on: July 20, 2017.                                       comments, go to http://                               (Snellen) in each eye without corrective
                                                  G. Kelly Regal,                                          www.regulations.gov at any time or                    lenses or visual acuity separately corrected to
                                                  Associate Administrator for Office of                                                                          20/40 (Snellen) or better with corrective
                                                                                                           Room W12–140 on the ground level of                   lenses, distant binocular acuity of at least 20/
                                                  Research and Information Technology and                  the West Building, 1200 New Jersey
                                                  Chief Information Officer.                                                                                     40 (Snellen) in both eyes with or without
                                                                                                           Avenue SE., Washington, DC, between 9                 corrective lenses, field of vision of at least
                                                  [FR Doc. 2017–15835 Filed 7–26–17; 8:45 am]              a.m. and 5 p.m., E.T., Monday through                 70° in the horizontal Meridian in each eye,
                                                  BILLING CODE 4910–EX–P                                   Friday, except Federal holidays. The                  and the ability to recognize the colors of
                                                                                                           FDMS is available 24 hours each day,                  traffic signals and devices showing standard
                                                                                                           365 days each year. If you want                       red, green, and amber.
                                                  DEPARTMENT OF TRANSPORTATION                             acknowledgment that we received your                    In July 1992, the Agency first
                                                  Federal Motor Carrier Safety                             comments, please include a self-                      published the criteria for the Vision
                                                  Administration                                           addressed, stamped envelope or                        Waiver Program, which listed the
                                                                                                           postcard or print the acknowledgement                 conditions and reporting standards that
                                                  [Docket No. FMCSA–2017–0019]                             page that appears after submitting                    CMV drivers approved for participation
                                                                                                           comments on-line.                                     would need to meet (Qualification of
                                                  Qualification of Drivers; Exemption                         Privacy Act: In accordance with 5                  Drivers; Vision Waivers, 57 FR 31458,
                                                  Applications; Vision                                     U.S.C. 553(c), DOT solicits comments                  July 16, 1992). The current Vision
                                                  AGENCY: Federal Motor Carrier Safety                     from the public to better inform its                  Exemption Program was established in
                                                  Administration (FMCSA), DOT.                             rulemaking process. DOT posts these                   1998, following the enactment of
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                                                  ACTION: Notice of applications for                       comments, without edit, including any                 amendments to the statutes governing
                                                  exemptions; request for comments.                        personal information the commenter                    exemptions made by § 4007 of the
                                                                                                           provides, to http://www.regulations.gov,              Transportation Equity Act for the 21st
                                                  SUMMARY:  FMCSA announces receipt of                     as described in the system of records                 Century (TEA–21), Public Law 105–178,
                                                  applications from 12 individuals for                     notice (DOT/ALL–14 FDMS), which can                   112 Stat. 107, 401 (June 9, 1998). Vision
                                                  exemption from the vision requirement                    be reviewed at http://www.dot.gov/                    exemptions are considered under the
                                                  in the Federal Motor Carrier Safety                      privacy.                                              procedures established in 49 CFR part


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Document Created: 2017-07-27 02:06:54
Document Modified: 2017-07-27 02:06:54
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice and request for comments.
DatesWe must receive your comments on or before September 25, 2017.
ContactMs. Christine A. Hydock, Chief, Medical Programs Division, U.S. Department of Transportation, Federal Motor Carrier Safety Administration, West Building 6th Floor, 1200 New Jersey Avenue SE., Washington, DC 20590. Telephone: 202-366-4001; email [email protected]
FR Citation82 FR 35041 

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