83_FR_18722 83 FR 18640 - Agency Information Collection Activities; Request for Comments; Revision and Renewal of an Approved Information Collection: Medical Qualification Requirements

83 FR 18640 - Agency Information Collection Activities; Request for Comments; Revision and Renewal of an Approved Information Collection: Medical Qualification Requirements

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 82 (April 27, 2018)

Page Range18640-18643
FR Document2018-08919

In accordance with the Paperwork Reduction Act of 1995, FMCSA announces its plan to submit the Information Collection Request (ICR) described below to the Office of Management and Budget (OMB) for its review and approval and invites public comment. The FMCSA requests to revise and renew an ICR titled, ``Medical Qualification Requirements,'' due to updated information for several of the Information Collections (ICs) discussed. This ICR is needed to ensure that drivers, motor carriers and the States are complying with the physical qualification requirements of commercial motor vehicle (CMV) drivers. The information collected is used to determine and certify driver medical fitness and must be collected in order for our highways to be safe.

Federal Register, Volume 83 Issue 82 (Friday, April 27, 2018)
[Federal Register Volume 83, Number 82 (Friday, April 27, 2018)]
[Notices]
[Pages 18640-18643]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08919]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0119]


Agency Information Collection Activities; Request for Comments; 
Revision and Renewal of an Approved Information Collection: Medical 
Qualification Requirements

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 its plan to submit the Information Collection Request (ICR) 
described below to the Office of Management and Budget (OMB) for its 
review and approval and invites public comment. The FMCSA requests to 
revise and renew an ICR titled, ``Medical Qualification Requirements,'' 
due to updated information for several of the Information Collections 
(ICs) discussed. This ICR is needed to ensure that drivers, motor 
carriers and the States are complying with the physical qualification 
requirements of commercial motor vehicle (CMV) drivers. The information 
collected is used to determine and certify driver medical fitness and 
must be collected in order for our highways to be safe.

DATES: We must receive your comments on or before June 26, 2018.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Docket Number FMCSA-2018-0119 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, 
20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, 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, see 
the Public Participation heading below. Note that all comments received 
will be posted without change to http://www.regulations.gov, including 
any

[[Page 18641]]

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 website. 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, (202) 366-4001, fmcsamedical@dot.gov, FMCSA, 
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224, 
Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t., 
Monday through Friday, except Federal holidays. If you have questions 
regarding viewing or submitting material to the docket, contact Docket 
Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:
    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 medical standards provide this 
assurance by requiring drivers to be examined and medically certified 
as physically and mentally qualified to drive. Therefore, information 
used to determine and certify driver medical fitness must be collected. 
FMCSA is the Federal government agency authorized to require the 
collection of this information. FMCSA is required by statute to 
establish standards for the physical qualifications of drivers who 
operate CMVs in interstate commerce for non-excepted industries [49 
U.S.C. 31136(a)(3) and 31502(b)]. The regulations discussing this 
collection are outlined in the Federal Motor Carrier Safety Regulations 
(FMCSRs) at 49 CFR 390-399.
    Below is a brief description of the included IC activities and how 
the information is used.

Physical Qualification Standards

    FMCSRs at 49 CFR 391.41 set forth the physical qualification 
standards that interstate CMV drivers who are subject to part 391 must 
meet, with the exception of commercial driver's license/commercial 
learner's permit (CDL/CLP) drivers transporting migrant workers (who 
must meet the physical qualification standards set forth in 49 CFR 
398.3). The FMCSRs covering driver physical qualification records are 
found at 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 shall be recorded in 
accordance with the requirements set forth in that section. The current 
provisions of 49 CFR 391.51 and 398.3 require that a motor carrier 
retain the Medical Examiner's Certificate (MEC), Form MCSA-5876, in the 
driver's qualification (DQ) file for 3 years. The certificate affirms 
that the driver is physically qualified to drive a CMV in interstate 
commerce.
    Due to potential onset of new conditions or changes in existing 
conditions that may adversely affect a driver's ability to drive safely 
and/or cause incapacitation that could be a risk to public safety, 
periodic re-evaluation and recertification is required to assess driver 
physical qualification. MECs may be issued for up to 2 years after the 
date of examination. However, drivers with certain medical conditions 
must be certified more frequently than every 2 years. Medical Examiners 
(MEs) have discretion to certify for shorter time periods on a case-by-
case basis for medical conditions that require closer monitoring or 
that are more likely to change over time. In addition, the Safe, 
Accountable, Flexible, Efficient Transportation Act: A Legacy for Users 
requires MEs to transmit to FMCSA's Chief Medical Officer, 
electronically and on a monthly basis, driver information and results 
of any CMV driver medical examinations conducted during the previous 
month. MEs are required to maintain records of the CMV driver medical 
examinations they conduct. FMCSA does not require MEs to maintain these 
records electronically. However, there is nothing to preclude a ME from 
maintaining electronic records of the medical examinations he/she 
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, Medical Examination Report Forms, 
MCSA-5875, and MECs would compromise FMCSA's ability to determine ME 
compliance with FMCSA's physical qualification standards and guidelines 
in performing CMV driver medical examinations, which could result in 
MEs listed on the National Registry of Certified Medical Examiners who 
should be removed and possibly drivers that don't meet the physical 
qualification standards possessing an MEC. Less frequent data 
collection would also result in decreased validity of the data (i.e., 
less frequent data submission may increase the error rate due to 
unintentional omission of examination information). Therefore, less 
frequent collection of driver examination results is not an option.

Resolution of Medical Conflict

    The medical conflict provision provides a mechanism for drivers and 
motor carriers to request that FMCSA make a final decision to resolve 
conflicting medical evaluations when either party does not accept the 
decision of a medical specialist. If two MEs disagree about the medical 
certification of a driver, the requirements set forth in 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, if they choose to do so, submit the 
information above using fax and/or email. FMCSA uses the information 
collected from the applicant, including medical information, to 
determine if the driver should or should not be qualified. Without this 
provision and its incumbent driver medical information collection 
requirements, an unqualified person may be permitted to drive and 
qualified persons may be prevented from driving.

[[Page 18642]]

Medical Exemptions and Skills Performance Evaluation (SPE) Certificates

    FMCSA may, on a case by case basis, grant a medical exemption from 
a physical qualification standard set forth in 49 CFR 391.41, if the 
Agency determines the exemption is in the interest of the public and 
would likely achieve a level of safety that is equivalent to, or 
greater than, the level that would be achieved by complying with the 
regulation. Individuals with limb impairments are permitted to operate 
a CMV, but only when they are otherwise qualified and are granted a 
Skills Performance Evaluation (SPE) certificate by FMCSA. Title 49 CFR 
381.310 establishes the procedures that persons must follow to request 
exemptions from FMCSA safety regulations. 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. The application 
process for all exemptions currently provides for electronic collection 
of the application information by FMCSA for those applicants that 
choose to do so. They are able to fax or scan and email documents to 
FMCSA. In addition, the Diabetes and Vision Exemption Programs 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 an exemption or an SPE certificate. 
The Agency requires all exemptions be renewed every 2 years to ensure 
that the granting of the exemption does not diminish safety under 49 
CFR 381.310. Exemption holders are required to submit annual medical 
information for review to ensure the driver continues to meet the 
physical qualification requirements. In the interest of highway safety, 
the medical examination, exemption, and SPE renewal should not be 
performed less frequently.

The National Registry of Certified Medical Examiners (National 
Registry)

    The National Registry requires MEs that conduct physical 
qualification examinations for interstate CMV drivers to complete 
training concerning FMCSA physical qualification standards, pass a 
certification test, and maintain competence through periodic training 
and testing, all of which require information collection. ME candidates 
submit demographic and eligibility data in order to register on the 
National Registry website to begin the certification process. This data 
is used to provide the public with contact information for those 
medical professionals who are certified by FMCSA to conduct interstate 
CMV driver medical examinations. Less frequent collection of ME 
candidate test results and identity and eligibility information means 
that there are less healthcare professionals attempting to become 
certified which would result in fewer certified MEs being available to 
the CMV driver and motor carrier population. This could place a huge 
burden on drivers and motor carriers to find certified MEs to perform 
their medical examinations. Therefore, less frequent collection of ME 
candidate test results and identity and eligibility information is not 
an option. MEs must provide specific driver medical examination 
information for every driver they examine on medical forms required by 
FMCSA and into the National Registry. Drivers must provide 
identification and health history information on medical forms required 
by FMCSA. The purpose for providing this information is to enable the 
ME to determine if the driver is medically qualified under 49 CFR 
391.41 and to ensure that there are no disqualifying medical conditions 
that could adversely affect their safe driving ability or cause 
incapacitation constituting a risk to the public. If this information 
was not required, the threat to public safety would be immense and 
unacceptable.
    The National Registry also requires motor carriers to verify the 
national registry number of the MEs who certify their drivers and place 
a note in the DQ file. Less frequent verification of the national 
registry numbers by motor carriers would mean drivers may not have been 
examined by a certified ME listed on the National Registry and they may 
no longer meet the physical qualifications standards of the FMCSRs even 
though they were previously certified as physically qualified.
    As a follow-on rule to the National Registry, the Medical 
Examiner's Certification Integration final rule, (80 FR 22790), 
modified several of the requirements adopted in the National Registry 
final rule, some of which have 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 of June 22, 2018, draws nearer, FMCSA has 
reluctantly concluded that it will not be able to electronically 
transmit MEC information from the National Registry to the SDLAs nor 
will the SDLAs be able to electronically receive the MEC information 
from the National Registry for posting to the CDLIS driver record as 
intended by the Medical Examiner's Certification Integration final 
rule. Due to a number of delays including an incident that occurred in 
early December 2017 causing the Agency to take the National Registry 
offline leading to interruptions in the development of the process for 
the electronic transmission of MEC information and medical variances, 
the final specifications for the electronic transmission of MEC 
information have not been completed. Under these circumstances, neither 
the Agency nor the stakeholders would be able to rely on the CDLIS 
driver record as official proof of medical certification unless MEs 
continue to issue the original paper MEC to qualified drivers and 
drivers continue to provide the MEC to the SDLAs, as is being done 
presently. All of the functions regarding electronic transmission of 
data that are to be implemented on June 22, 2018, are dependent upon 
the implementation of information technology infrastructure that will 
not be available on June 22, 2018. For this reason, FMCSA anticipates 
extending the compliance date to June 22, 2021, to ensure that the 
SDLAs have sufficient time once the final specifications are released 
to make the necessary information technology programming changes. 
However, beginning on June 2, 2018, certified MEs will still be 
required to report results of all completed CMV drivers' medical 
examinations (including the results of examinations where the driver 
was found not to be qualified) to FMCSA by midnight (local time) of the 
next calendar day following the examination but must continue issuing 
the original paper MEC to qualified drivers. All CMV drivers will 
continue to provide the SDLA with their MEC as proof of medical 
certification. As a result of this anticipated extension, there are no 
additional annual burden hours or costs to respondents imposed by the 
Medical Examiner's Certification Integration

[[Page 18643]]

final rule during the first 6 years of implementation of the final 
rule. Therefore, all the IC activities imposed on the MEs, drivers, and 
motor carriers over the first 6 years of implementing the Medical 
Examiner's Certification Integration final rule will remain unchanged.
    Title: Medical Qualification Requirements.
    OMB Control Number: 2126-0006.
    Type of Request: Revision and renewal of a current approved 
information collection Respondents: Commercial motor vehicle drivers, 
motor carriers, medical examiners, testing centers.
    Estimated Number of Respondents: 65,503,280.
    Expiration Date: August 31, 2018.
    Estimated Total Annual Burden: 2,395,315 hours.
    This information collection is comprised of the following five 
information collection activities:

Physical Qualification Standards

1,892,700 annual burden hours
4,813,510 annual respondents

Resolution of Medical Conflict

11 annual burden hours
3 annual respondents

Medical Exemptions

4,430 annual burden hours
7,332 annual respondents

SPE Certificate Program

2,714 annual burden hours
2,426 annual respondents

National Registry of Certified Medical Examiners

495,460 annual burden hours
680,009 annual respondents

    Public Comments Invited: You are asked to comment on any aspect of 
this information collection, including: (1) Whether the proposed 
collection is necessary for the performance of FMCSA's functions; (2) 
the accuracy of the estimated burden; (3) ways for FMCSA to enhance the 
quality, usefulness, and clarity of the collected information; and (4) 
ways that the burden could be minimized without reducing the quality of 
the collected information. The agency will summarize or include your 
comments in the request for OMB's clearance of this information 
collection.

    Issued under the authority of 49 CFR 1.87 on: April 20, 2018.
Kelly Regal,
Associate Administrator for Office of Research and Information 
Technology.
[FR Doc. 2018-08919 Filed 4-26-18; 8:45 am]
 BILLING CODE 4910-EX-P



                                               18640                            Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Notices

                                               Daniel B. Shaw (FL)                                     Scott C. Garbiel (ME)                                 DEPARTMENT OF TRANSPORTATION
                                               John C. Thomas (IN)                                     Al Glover, Jr. (LA)
                                               Richard Wasko (FL)                                      Jimmy H. Goacher (NC)                                 Federal Motor Carrier Safety
                                               Douglas E. Wilhoit (PA)                                                                                       Administration
                                                                                                       Jim B. Gonzalez (OR)
                                               Richard A. Wilk (OH)
                                                                                                       William F. Hamann (KY)                                [Docket No. FMCSA–2018–0119]
                                                 The drivers were included in docket
                                               number FMCSA–2015–0338. Their                           Nathaniel K. Hamilton (TX)
                                                                                                                                                             Agency Information Collection
                                               exemptions are applicable as of January                 Michael D. Henry (OH)                                 Activities; Request for Comments;
                                               23, 2018, and will expire on January 23,                Jon C. Hicks (PA)                                     Revision and Renewal of an Approved
                                               2020.                                                   Kevin F. Hoffman (PA)                                 Information Collection: Medical
                                                 As of January 28, 2018, and in                        Jerry A. Huffman (NC)                                 Qualification Requirements
                                               accordance with 49 U.S.C. 31136(e) and                  Daurell A. Jones (MD)
                                               31315, the following 21 individuals                                                                           AGENCY: Federal Motor Carrier Safety
                                                                                                       Jerry J. Klosterman (OH)                              Administration (FMCSA), DOT.
                                               have satisfied the renewal conditions for
                                               obtaining an exemption from the rule                    Joseph E. Kolb (NY)                                   ACTION: Notice and request for
                                               prohibiting drivers with ITDM from                      Larry C. Krueger (NE)                                 comments.
                                               driving CMVs in interstate commerce                     Chad M. Kuck (AK)
                                               (74 FR 65836; 75 FR 4622; 80 FR 81667):                 Craig A. Lemponen (OH)                                SUMMARY:    In accordance with the
                                                                                                       Donald R. Leonard, Jr. (NH)                           Paperwork Reduction Act of 1995,
                                               Bob A. Bauer (WI)
                                               Michael P. Berger (ND)                                                                                        FMCSA announces its plan to submit
                                                                                                       Matthew P. Ludwig (NY)                                the Information Collection Request (ICR)
                                               William D. Blosch (GA)                                  Keith B. Masters (NH)
                                               Victor M. Brunner (WI)                                                                                        described below to the Office of
                                                                                                       Sandra R. Moultrie (GA)                               Management and Budget (OMB) for its
                                               Tom L. Cooley (KS)
                                               Robert G. Dohman, Jr. (ND)                              Jeffrey A. Olson (IA)                                 review and approval and invites public
                                               Danny E. Edmonson (GA)                                  Howard L. Peacock (KS)                                comment. The FMCSA requests to
                                               Andrew C. Everett (AZ)                                  Chauncey W. Pittman (IN)                              revise and renew an ICR titled, ‘‘Medical
                                               Donald W. Hansen (ND)                                   Brandon C. Rhinehart (MD)                             Qualification Requirements,’’ due to
                                               Joseph S. Hernandez (NM)                                                                                      updated information for several of the
                                                                                                       James E. Richardson (NY)                              Information Collections (ICs) discussed.
                                               Jordan T. Johnston (IN)                                 Gerald C. Rosencrans (PA)
                                               Jere W. Kirkpatrick (OH)                                                                                      This ICR is needed to ensure that
                                               Kyle A. Leach (NE)                                      Henry J. Russo (NJ)                                   drivers, motor carriers and the States are
                                               Robert J. Lewis, Jr. (VT)                               Richard G. Schumann (NJ)                              complying with the physical
                                               Stacy R. Oberholzer (PA)                                Donald R. Sine, Jr. (WV)                              qualification requirements of
                                               Michael S. Ogle (GA)                                    Jefferson L. Smith (MA)                               commercial motor vehicle (CMV)
                                               Walter L. Patrick (TN)                                  Troy T. Sunnarborg (MN)                               drivers. The information collected is
                                               Richard A. Piercefield, Sr. (MI)                                                                              used to determine and certify driver
                                                                                                       Dennis E. Taunton (ID)
                                               Kevin A. Roginski (PA)                                                                                        medical fitness and must be collected in
                                                                                                       Phillip A. Trent (VA)                                 order for our highways to be safe.
                                               Bruce M. Stockton (MO)
                                               Todd R. Vickers (MD)                                    Deborah D. Watson (MI)
                                                                                                                                                             DATES: We must receive your comments
                                                                                                       Ronnie C. Webb (MT)                                   on or before June 26, 2018.
                                                 The drivers were included in docket
                                               number FMCSA–2009–0290. Their                           William R. White (MI)                                 ADDRESSES: You may submit comments
                                               exemptions are applicable as of January                 Curtis L. Worsfold (NE)                               identified by Federal Docket
                                               28, 2018, and will expire on January 28,                Jason D. Zagorski (NC)                                Management System (FDMS) Docket
                                               2020.                                                      The drivers were included in docket                Number FMCSA–2018–0119 using any
                                                 As of January 29, 2018, and in                        numbers FMCSA–2013–0191; FMCSA–                       of the following methods:
                                               accordance with 49 U.S.C. 31136(e) and                  2015–0340. Their exemptions are                         • Federal eRulemaking Portal: http://
                                               31315, the following 53 individuals                     applicable as of January 29, 2018, and                www.regulations.gov. Follow the online
                                               have satisfied the renewal conditions for               will expire on January 29, 2020.                      instructions for submitting comments.
                                               obtaining an exemption from the rule                       In accordance with 49 U.S.C. 31315,                  • Fax: 1–202–493–2251.
                                               prohibiting drivers with ITDM from                      each exemption will be valid for two                    • Mail: Docket Services; U.S.
                                               driving CMVs in interstate commerce                     years from the effective date unless                  Department of Transportation, 1200
                                               (78 FR 68139; 79 FR 4807; 80 FR 81415;                  revoked earlier by FMCSA. The                         New Jersey Avenue SE, West Building,
                                               80 FR 81667):                                           exemption will be revoked if the                      Ground Floor, Room W12–140, 20590–
                                               Elmer W. Barrall (DE)                                   following occurs: (1) The person fails to             0001.
                                               Earl Bland (MO)                                         comply with the terms and conditions                     • Hand Delivery or Courier: West
                                               Kevin Bracken (PA)                                      of the exemption; (2) the exemption has               Building, Ground Floor, Room W12–
                                               Donald L. Callahan (KY)                                 resulted in a lower level of safety than              140, 1200 New Jersey Avenue SE,
                                               Robert A. Collins (NJ)                                  was maintained prior to being granted;                Washington, DC, between 9 a.m. and
                                               Michael A. Craig (NC)                                   or (3) continuation of the exemption                  5 p.m. e.t., Monday through Friday,
                                               Roderick E. Dean (NJ)                                   would not be consistent with the goals                except Federal holidays.
                                               Edward C. DeFrancesco (CT)                              and objectives of 49 U.S.C. 31136 and                    Instructions: All submissions must
daltland on DSKBBV9HB2PROD with NOTICES




                                               Eugene N. Dirl (PA)                                     31315.                                                include the Agency name and docket
                                               Kevin F. Dykes (MA)                                                                                           number. For detailed instructions on
                                                                                                         Issued on: April 18, 2018.                          submitting comments, see the Public
                                               Jonathan Eggers (MN)
                                               Richard L. Engle (KY)                                   Larry W. Minor,                                       Participation heading below. Note that
                                               Christopher J. Frank (NY)                               Associate Administrator for Policy.                   all comments received will be posted
                                               Matthew E. Fry (KS)                                     [FR Doc. 2018–08920 Filed 4–26–18; 8:45 am]           without change to http://
                                               Gilbert N. Fugate (IN)                                  BILLING CODE 4910–EX–P                                www.regulations.gov, including any


                                          VerDate Sep<11>2014   18:18 Apr 26, 2018   Jkt 244001   PO 00000   Frm 00140   Fmt 4703   Sfmt 4703   E:\FR\FM\27APN1.SGM   27APN1


                                                                                Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Notices                                          18641

                                               personal information provided. Please                   determine and certify driver medical                  information and results of any CMV
                                               see the Privacy Act heading below.                      fitness must be collected. FMCSA is the               driver medical examinations conducted
                                                  Docket: For access to the docket to                  Federal government agency authorized                  during the previous month. MEs are
                                               read background documents or                            to require the collection of this                     required to maintain records of the CMV
                                               comments received, go to http://                        information. FMCSA is required by                     driver medical examinations they
                                               www.regulations.gov, and follow the                     statute to establish standards for the                conduct. FMCSA does not require MEs
                                               online instructions for accessing the                   physical qualifications of drivers who                to maintain these records electronically.
                                               dockets, or go to the street address listed             operate CMVs in interstate commerce                   However, there is nothing to preclude a
                                               above.                                                  for non-excepted industries [49 U.S.C.                ME from maintaining electronic records
                                                  Privacy Act: Anyone is able to search                31136(a)(3) and 31502(b)]. The
                                                                                                                                                             of the medical examinations he/she
                                               the electronic form of all comments                     regulations discussing this collection
                                                                                                                                                             conducts. FMCSA is continuously
                                               received into any of our dockets by the                 are outlined in the Federal Motor
                                                                                                       Carrier Safety Regulations (FMCSRs) at                evaluating new information technology
                                               name of the individual submitting the
                                               comment (or signing the comment, if                     49 CFR 390–399.                                       in an attempt to decrease the burden on
                                               submitted on behalf of an association,                     Below is a brief description of the                motor carriers and MEs. Less frequent
                                               business, labor union, etc.). You may                   included IC activities and how the                    collection of driver data, Medical
                                               review DOT’s complete Privacy Act                       information is used.                                  Examination Report Forms, MCSA–
                                               Statement for the Federal Docket                                                                              5875, and MECs would compromise
                                                                                                       Physical Qualification Standards                      FMCSA’s ability to determine ME
                                               Management System published in the
                                               Federal Register on January 17, 2008                       FMCSRs at 49 CFR 391.41 set forth                  compliance with FMCSA’s physical
                                               (73 FR 3316), or you may visit http://                  the physical qualification standards that             qualification standards and guidelines
                                               edocket.access.gpo.gov/2008/pdfE8-                      interstate CMV drivers who are subject                in performing CMV driver medical
                                               794.pdf.                                                to part 391 must meet, with the                       examinations, which could result in
                                                  Public Participation: The Federal                    exception of commercial driver’s                      MEs listed on the National Registry of
                                               eRulemaking Portal is available 24                      license/commercial learner’s permit                   Certified Medical Examiners who
                                               hours each day, 365 days each year. You                 (CDL/CLP) drivers transporting migrant
                                                                                                                                                             should be removed and possibly drivers
                                               can obtain electronic submission and                    workers (who must meet the physical
                                                                                                                                                             that don’t meet the physical
                                               retrieval help and guidelines under the                 qualification standards set forth in 49
                                                                                                       CFR 398.3). The FMCSRs covering                       qualification standards possessing an
                                               ‘‘help’’ section of the Federal                                                                               MEC. Less frequent data collection
                                               eRulemaking Portal website. If you want                 driver physical qualification records are
                                                                                                       found at 49 CFR 391.43, which specify                 would also result in decreased validity
                                               us to notify you that we received your                                                                        of the data (i.e., less frequent data
                                               comments, please include a self-                        that a medical examination be
                                                                                                       performed on CMV drivers subject to                   submission may increase the error rate
                                               addressed, stamped envelope or                                                                                due to unintentional omission of
                                                                                                       part 391 who operate in interstate
                                               postcard, or print the acknowledgement                                                                        examination information). Therefore,
                                                                                                       commerce. The results of the
                                               page that appears after submitting                                                                            less frequent collection of driver
                                                                                                       examination shall be recorded in
                                               comments online. Comments received
                                                                                                       accordance with the requirements set                  examination results is not an option.
                                               after the comment closing date will be
                                                                                                       forth in that section. The current
                                               included in the docket and will be                                                                            Resolution of Medical Conflict
                                                                                                       provisions of 49 CFR 391.51 and 398.3
                                               considered to the extent practicable.
                                                                                                       require that a motor carrier retain the                  The medical conflict provision
                                               FOR FURTHER INFORMATION CONTACT: Ms.                    Medical Examiner’s Certificate (MEC),
                                               Christine A. Hydock, Chief, Medical                                                                           provides a mechanism for drivers and
                                                                                                       Form MCSA–5876, in the driver’s                       motor carriers to request that FMCSA
                                               Programs Division, (202) 366–4001,                      qualification (DQ) file for 3 years. The
                                               fmcsamedical@dot.gov, FMCSA,                                                                                  make a final decision to resolve
                                                                                                       certificate affirms that the driver is
                                               Department of Transportation, 1200                                                                            conflicting medical evaluations when
                                                                                                       physically qualified to drive a CMV in
                                               New Jersey Avenue SE, Room W64–224,                     interstate commerce.                                  either party does not accept the decision
                                               Washington, DC 20590–0001. Office                          Due to potential onset of new                      of a medical specialist. If two MEs
                                               hours are 8:30 a.m. to 5 p.m., e.t.,                    conditions or changes in existing                     disagree about the medical certification
                                               Monday through Friday, except Federal                   conditions that may adversely affect a                of a driver, the requirements set forth in
                                               holidays. If you have questions                         driver’s ability to drive safely and/or               49 CFR 391.47 mandate that the
                                               regarding viewing or submitting                         cause incapacitation that could be a risk             applicant (driver or motor carrier)
                                               material to the docket, contact Docket                  to public safety, periodic re-evaluation              submit a copy of a report including
                                               Services, telephone (202) 366–9826.                     and recertification is required to assess             results of all medical testing and the
                                               SUPPLEMENTARY INFORMATION:                              driver physical qualification. MECs may               opinion of an impartial medical
                                                  Background: CMVs (trucks and buses)                  be issued for up to 2 years after the date            specialist in the field in which the
                                               are longer, heavier, and more difficult to              of examination. However, drivers with                 medical conflict arose. The applicant
                                               maneuver than automobiles, making                       certain medical conditions must be                    may, if they choose to do so, submit the
                                               them a threat to highway safety if not                  certified more frequently than every 2                information above using fax and/or
                                               operated properly by qualified                          years. Medical Examiners (MEs) have                   email. FMCSA uses the information
                                               individuals. The public interest in, and                discretion to certify for shorter time                collected from the applicant, including
                                               right to have, safe highways requires the               periods on a case-by-case basis for                   medical information, to determine if the
                                               assurance that drivers of CMVs can                      medical conditions that require closer                driver should or should not be qualified.
daltland on DSKBBV9HB2PROD with NOTICES




                                               safely perform the increased physical                   monitoring or that are more likely to                 Without this provision and its
                                               and mental demands of their duties.                     change over time. In addition, the Safe,              incumbent driver medical information
                                               FMCSA’s medical standards provide                       Accountable, Flexible, Efficient                      collection requirements, an unqualified
                                               this assurance by requiring drivers to be               Transportation Act: A Legacy for Users
                                                                                                                                                             person may be permitted to drive and
                                               examined and medically certified as                     requires MEs to transmit to FMCSA’s
                                                                                                                                                             qualified persons may be prevented
                                               physically and mentally qualified to                    Chief Medical Officer, electronically
                                               drive. Therefore, information used to                   and on a monthly basis, driver                        from driving.



                                          VerDate Sep<11>2014   18:18 Apr 26, 2018   Jkt 244001   PO 00000   Frm 00141   Fmt 4703   Sfmt 4703   E:\FR\FM\27APN1.SGM   27APN1


                                               18642                            Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Notices

                                               Medical Exemptions and Skills                           in order to register on the National                  transmit electronically to the SDLAs the
                                               Performance Evaluation (SPE)                            Registry website to begin the                         medical variance information for all
                                               Certificates                                            certification process. This data is used              CMV drivers; and (3) SDLAs to post the
                                                 FMCSA may, on a case by case basis,                   to provide the public with contact                    driver identification, examination
                                               grant a medical exemption from a                        information for those medical                         results, and restriction information
                                               physical qualification standard set forth               professionals who are certified by                    received electronically from FMCSA.
                                               in 49 CFR 391.41, if the Agency                         FMCSA to conduct interstate CMV                          However, as the Medical Examiner’s
                                               determines the exemption is in the                      driver medical examinations. Less                     Certification Integration final rule
                                               interest of the public and would likely                 frequent collection of ME candidate test              compliance date of June 22, 2018, draws
                                               achieve a level of safety that is                       results and identity and eligibility                  nearer, FMCSA has reluctantly
                                                                                                       information means that there are less                 concluded that it will not be able to
                                               equivalent to, or greater than, the level
                                                                                                       healthcare professionals attempting to                electronically transmit MEC information
                                               that would be achieved by complying
                                                                                                       become certified which would result in                from the National Registry to the SDLAs
                                               with the regulation. Individuals with
                                                                                                       fewer certified MEs being available to                nor will the SDLAs be able to
                                               limb impairments are permitted to
                                                                                                       the CMV driver and motor carrier                      electronically receive the MEC
                                               operate a CMV, but only when they are
                                                                                                       population. This could place a huge                   information from the National Registry
                                               otherwise qualified and are granted a
                                                                                                       burden on drivers and motor carriers to               for posting to the CDLIS driver record as
                                               Skills Performance Evaluation (SPE)
                                                                                                       find certified MEs to perform their                   intended by the Medical Examiner’s
                                               certificate by FMCSA. Title 49 CFR
                                                                                                       medical examinations. Therefore, less                 Certification Integration final rule. Due
                                               381.310 establishes the procedures that
                                                                                                       frequent collection of ME candidate test              to a number of delays including an
                                               persons must follow to request                          results and identity and eligibility
                                               exemptions from FMCSA safety                                                                                  incident that occurred in early
                                                                                                       information is not an option. MEs must                December 2017 causing the Agency to
                                               regulations. Without an exemption,                      provide specific driver medical
                                               individuals who do not meet the                                                                               take the National Registry offline
                                                                                                       examination information for every                     leading to interruptions in the
                                               requirements in 49 CFR 391.41 would                     driver they examine on medical forms
                                               not be qualified to operate a CMV in                                                                          development of the process for the
                                                                                                       required by FMCSA and into the                        electronic transmission of MEC
                                               interstate commerce. The application                    National Registry. Drivers must provide
                                               process for all exemptions currently                                                                          information and medical variances, the
                                                                                                       identification and health history
                                               provides for electronic collection of the                                                                     final specifications for the electronic
                                                                                                       information on medical forms required
                                               application information by FMCSA for                                                                          transmission of MEC information have
                                                                                                       by FMCSA. The purpose for providing
                                               those applicants that choose to do so.                                                                        not been completed. Under these
                                                                                                       this information is to enable the ME to
                                               They are able to fax or scan and email                                                                        circumstances, neither the Agency nor
                                                                                                       determine if the driver is medically
                                               documents to FMCSA. In addition, the                                                                          the stakeholders would be able to rely
                                                                                                       qualified under 49 CFR 391.41 and to
                                               Diabetes and Vision Exemption                                                                                 on the CDLIS driver record as official
                                                                                                       ensure that there are no disqualifying
                                               Programs and the SPE Certificate                                                                              proof of medical certification unless
                                                                                                       medical conditions that could adversely
                                               Program maintain a database of                                                                                MEs continue to issue the original paper
                                                                                                       affect their safe driving ability or cause
                                               application information. The Medical                    incapacitation constituting a risk to the             MEC to qualified drivers and drivers
                                               Programs Division maintains a database                  public. If this information was not                   continue to provide the MEC to the
                                               of application information for hearing                  required, the threat to public safety                 SDLAs, as is being done presently. All
                                               and seizure exemptions. FMCSA must                      would be immense and unacceptable.                    of the functions regarding electronic
                                               collect medical information about the                      The National Registry also requires                transmission of data that are to be
                                               driver’s medical condition in order to                  motor carriers to verify the national                 implemented on June 22, 2018, are
                                               determine eligibility to receive an                     registry number of the MEs who certify                dependent upon the implementation of
                                               exemption or an SPE certificate. The                    their drivers and place a note in the DQ              information technology infrastructure
                                               Agency requires all exemptions be                       file. Less frequent verification of the               that will not be available on June 22,
                                               renewed every 2 years to ensure that the                national registry numbers by motor                    2018. For this reason, FMCSA
                                               granting of the exemption does not                      carriers would mean drivers may not                   anticipates extending the compliance
                                               diminish safety under 49 CFR 381.310.                   have been examined by a certified ME                  date to June 22, 2021, to ensure that the
                                               Exemption holders are required to                       listed on the National Registry and they              SDLAs have sufficient time once the
                                               submit annual medical information for                   may no longer meet the physical                       final specifications are released to make
                                               review to ensure the driver continues to                qualifications standards of the FMCSRs                the necessary information technology
                                               meet the physical qualification                         even though they were previously                      programming changes. However,
                                               requirements. In the interest of highway                certified as physically qualified.                    beginning on June 2, 2018, certified MEs
                                               safety, the medical examination,                           As a follow-on rule to the National                will still be required to report results of
                                               exemption, and SPE renewal should not                   Registry, the Medical Examiner’s                      all completed CMV drivers’ medical
                                               be performed less frequently.                           Certification Integration final rule, (80             examinations (including the results of
                                                                                                       FR 22790), modified several of the                    examinations where the driver was
                                               The National Registry of Certified                      requirements adopted in the National                  found not to be qualified) to FMCSA by
                                               Medical Examiners (National Registry)                   Registry final rule, some of which have               midnight (local time) of the next
                                                 The National Registry requires MEs                    a scheduled compliance date of June 22,               calendar day following the examination
                                               that conduct physical qualification                     2018. Specifically, it requires (1)                   but must continue issuing the original
                                               examinations for interstate CMV drivers                 FMCSA to electronically transmit from                 paper MEC to qualified drivers. All
daltland on DSKBBV9HB2PROD with NOTICES




                                               to complete training concerning FMCSA                   the National Registry to the State                    CMV drivers will continue to provide
                                               physical qualification standards, pass a                Driver’s Licensing Agencies (SDLAs) the               the SDLA with their MEC as proof of
                                               certification test, and maintain                        driver identification information,                    medical certification. As a result of this
                                               competence through periodic training                    examination results, and restriction                  anticipated extension, there are no
                                               and testing, all of which require                       information from examinations                         additional annual burden hours or costs
                                               information collection. ME candidates                   performed for holders of CLPs/CDLs                    to respondents imposed by the Medical
                                               submit demographic and eligibility data                 (interstate and intrastate); (2) FMCSA to             Examiner’s Certification Integration


                                          VerDate Sep<11>2014   18:18 Apr 26, 2018   Jkt 244001   PO 00000   Frm 00142   Fmt 4703   Sfmt 4703   E:\FR\FM\27APN1.SGM   27APN1


                                                                                Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Notices                                          18643

                                               final rule during the first 6 years of                  DEPARTMENT OF TRANSPORTATION                          notice (DOT/ALL–14 FDMS), which can
                                               implementation of the final rule.                                                                             be reviewed at http://www.dot.gov/
                                               Therefore, all the IC activities imposed                Federal Motor Carrier Safety                          privacy.
                                               on the MEs, drivers, and motor carriers                 Administration
                                                                                                                                                             II. Background
                                               over the first 6 years of implementing                  [Docket No. FMCSA–2009–0294; FMCSA–
                                               the Medical Examiner’s Certification                    2011–0326; FMCSA–2011–0327; FMCSA–
                                                                                                                                                                On February 14, 2018, FMCSA
                                               Integration final rule will remain                      2011–0367; FMCSA–2013–0192; FMCSA–                    published a notice announcing its
                                               unchanged.                                              2015–0340; FMCSA–2015–0341]                           decision to renew exemptions for 53
                                                  Title: Medical Qualification                                                                               individuals from the insulin-treated
                                               Requirements.                                           Qualification of Drivers; Exemption                   diabetes mellitus prohibition in 49 CFR
                                                  OMB Control Number: 2126–0006.                       Applications; Diabetes                                391.41(b)(3) to operate a CMV in
                                                  Type of Request: Revision and                                                                              interstate commerce and requested
                                                                                                       AGENCY: Federal Motor Carrier Safety
                                               renewal of a current approved                                                                                 comments from the public (83 FR 6722).
                                                                                                       Administration (FMCSA), DOT.
                                               information collection Respondents:                                                                           The public comment period ended on
                                               Commercial motor vehicle drivers,                       ACTION: Notice of final disposition.                  March 16, 2018, and no comments were
                                               motor carriers, medical examiners,                      SUMMARY:   FMCSA announces its                        received.
                                               testing centers.                                        decision to renew exemptions for 53                      As stated in the previous notice,
                                                  Estimated Number of Respondents:                     individuals from its prohibition in the               FMCSA has evaluated the eligibility of
                                               65,503,280.                                             Federal Motor Carrier Safety                          these applicants and determined that
                                                  Expiration Date: August 31, 2018.                    Regulations (FMCSRs) against persons                  renewing these exemptions would
                                                  Estimated Total Annual Burden:                                                                             achieve a level of safety equivalent to or
                                                                                                       with insulin-treated diabetes mellitus
                                               2,395,315 hours.                                                                                              greater than the level that would be
                                                  This information collection is                       (ITDM) from operating commercial
                                                                                                       motor vehicles (CMVs) in interstate                   achieved by complying with the current
                                               comprised of the following five                                                                               regulation 49 CFR 391.41(b)(3).
                                               information collection activities:                      commerce. The exemptions enable these
                                                                                                       individuals with ITDM to continue to                     The physical qualification standard
                                               Physical Qualification Standards                        operate CMVs in interstate commerce.                  for drivers regarding diabetes found in
                                                                                                                                                             49 CFR 391.41(b)(3) states that a person
                                               1,892,700 annual burden hours                           DATES: Each group of renewed
                                                                                                                                                             is physically qualified to drive a CMV
                                               4,813,510 annual respondents                            exemptions were applicable on the
                                                                                                                                                             if that person has no established
                                                                                                       dates stated in the discussions below
                                               Resolution of Medical Conflict                                                                                medical history or clinical diagnosis of
                                                                                                       and will expire on the dates stated in
                                                                                                                                                             diabetes mellitus currently requiring
                                               11 annual burden hours                                  the discussions below.
                                               3 annual respondents                                                                                          insulin for control.
                                                                                                       FOR FURTHER INFORMATION CONTACT: Ms.
                                               Medical Exemptions                                      Christine A. Hydock, Chief, Medical                   III. Discussion of Comments
                                                                                                       Programs Division, 202–366–4001,                         FMCSA received no comments in this
                                               4,430 annual burden hours                               fmcsamedical@dot.gov, FMCSA,
                                               7,332 annual respondents                                                                                      preceding.
                                                                                                       Department of Transportation, 1200
                                               SPE Certificate Program                                 New Jersey Avenue SE, Room W64–224,                   IV. Conclusion
                                               2,714 annual burden hours                               Washington, DC 20590–0001. Office                        Based upon its evaluation of the 53
                                               2,426 annual respondents                                hours are from 8:30 a.m. to 5:30 p.m.,                renewal exemption applications and
                                                                                                       e.t., Monday through Friday, except                   comments received, FMCSA confirms
                                               National Registry of Certified Medical                  Federal holidays. If you have questions               its’ decision to exempt the following
                                               Examiners                                               regarding viewing or submitting                       drivers from the rule prohibiting drivers
                                               495,460 annual burden hours                             material to the docket, contact Docket                with ITDM from driving CMVs in
                                               680,009 annual respondents                              Services, telephone (202) 366–9826.                   interstate commerce in 49 CFR
                                                 Public Comments Invited: You are                      SUPPLEMENTARY INFORMATION:                            391.41(b)(3):
                                               asked to comment on any aspect of this                                                                           In accordance with 49 U.S.C. 31136(e)
                                                                                                       I. Electronic Access                                  and 31315, the following groups of
                                               information collection, including: (1)
                                               Whether the proposed collection is                         You may see all the comments online                drivers received renewed exemptions in
                                               necessary for the performance of                        through the Federal Document                          the month of February and are
                                               FMCSA’s functions; (2) the accuracy of                  Management System (FDMS) at: http://                  discussed below:
                                               the estimated burden; (3) ways for                      www.regulations.gov.                                     As of February 1, 2018, and in
                                               FMCSA to enhance the quality,                              Docket: For access to the docket to                accordance with 49 U.S.C. 31136(e) and
                                               usefulness, and clarity of the collected                read background documents or                          31315, the following three individuals
                                               information; and (4) ways that the                      comments, go to http//                                have satisfied the renewal conditions for
                                               burden could be minimized without                       www.regulations.gov and/or Room                       obtaining an exemption from the rule
                                               reducing the quality of the collected                   W12–140 on the ground level of the                    prohibiting drivers with ITDM from
                                               information. The agency will summarize                  West Building, 1200 New Jersey                        driving CMVs in interstate commerce
                                               or include your comments in the request                 Avenue, SE, Washington, DC, between 9                 (80 FR 81415; 81 FR 45213): Douglas E.
                                               for OMB’s clearance of this information                 a.m. and 5 p.m., e.t., Monday through                 Hensley, (MO); John K. Moorhead, (KY);
                                               collection.                                             Friday, except Federal holidays.                      Hugh S. Wacker, (IL).
                                                                                                          Privacy Act: In accordance with 5                     The drivers were included in docket
daltland on DSKBBV9HB2PROD with NOTICES




                                                 Issued under the authority of 49 CFR 1.87             U.S.C. 553(c), DOT solicits comments                  number FMCSA–2015–0340. Their
                                               on: April 20, 2018.                                     from the public to better inform its                  exemptions are applicable as of
                                               Kelly Regal,                                            rulemaking process. DOT posts these                   February 1, 2018, and will expire on
                                               Associate Administrator for Office of                   comments, without edit, including any                 February 1, 2020.
                                               Research and Information Technology.                    personal information the commenter                       As of February 6, 2018, and in
                                               [FR Doc. 2018–08919 Filed 4–26–18; 8:45 am]             provides, to http://www.regulations.gov,              accordance with 49 U.S.C. 31136(e) and
                                               BILLING CODE 4910–EX–P                                  as described in the system of records                 31315, the following six individuals


                                          VerDate Sep<11>2014   18:18 Apr 26, 2018   Jkt 244001   PO 00000   Frm 00143   Fmt 4703   Sfmt 4703   E:\FR\FM\27APN1.SGM   27APN1



Document Created: 2018-04-27 01:44:29
Document Modified: 2018-04-27 01:44:29
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 June 26, 2018.
ContactMs. Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224, Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826.
FR Citation83 FR 18640 

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR