83 FR 36663 - 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 146 (July 30, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 146 (July 30, 2018)
| Page Range | 36663-36666 | |
| FR Document | 2018-16224 |
[Federal Register Volume 83, Number 146 (Monday, July 30, 2018)] [Notices] [Pages 36663-36666] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-16224] ----------------------------------------------------------------------- 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 review and approval. 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. On April 27, 2018, FMCSA published a 60-day notice (83 FR 18640) requesting comment on the renewal of this ICR. In response to this notice, eight comments were received. However, none of the comments were related to information collection activities or the renewal of this ICR. DATES: Please send your comments by August 29, 2018. OMB must receive your comments by this date in order to act quickly on the ICR. ADDRESSES: All comments should reference Federal Docket Management System (FDMS) Docket Number FMCSA-2018-0119. Interested persons are invited to submit written comments on the proposed information collection to the Office of Information and [[Page 36664]] Regulatory Affairs, Office of Management and Budget. Comments should be addressed to the attention of the Desk Officer, Department of Transportation/Federal Motor Carrier Safety Administration, and sent via electronic mail to [email protected], or faxed to (202) 395-6974, or mailed to the Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW, Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, Department of Transportation, Federal Motor Carrier Safety Administration, 6th Floor, West Building, New Jersey Avenue SE, Washington, DC 20590-0001. Telephone: (202) 366-4001, Email Address: [email protected]. Office hours are 9 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: 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 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 [[Page 36665]] qualified persons may be prevented from driving. Medical Exemptions and Skill 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 Skill 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, approached, FMCSA reluctantly concluded that it would not be able to electronically transmit MEC information from the National Registry to the SDLAs nor would 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 were to be implemented on June 22, 2018, are dependent upon the implementation of information technology infrastructure that was not available on June 22, 2018. For this reason, on June 21, 2018, FMCSA published a notice (83 FR 28774) extending the compliance date for several of the provisions in the Medical Examiner's Certification Integration final rule (80 FR 22790) 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 22, 2018, certified MEs are still 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 should continue to provide [[Page 36666]] the SDLA with their MEC as proof of medical certification. As a result of this extension, there are no additional annual burden hours or costs to respondents imposed by the Medical Examiner's Certification Integration 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. On April 27, 2018, FMCSA published a 60-day notice (83 FR 18640) requesting comment on the renewal of this ICR. In response to the notice, eight comments were received. However, none of the comments were related to information collection activities or the renewal of this ICR. 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 FMCSA to perform its functions; (2) the accuracy of the estimated burden; (3) ways for the FMCSA to enhance the quality, usefulness, and clarity of the collected information; and (4) ways that the burden could be minimized without reducing the quality of the collected information. Issued under the authority delegated in 49 CFR 1.87 on: July 20, 2018. G. Kelly Regal, Associate Administrator for Office of Research and Information Technology. [FR Doc. 2018-16224 Filed 7-27-18; 8:45 am] BILLING CODE 4910-EX-P
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copy of the application is included in July 31, 2017, Groendyke had outfitted information that becomes available after
the docket referenced at the beginning 632 of its 1,440 trailers with pulsating the comment closing date. Interested
of this notice. brake lamps. persons should continue to examine the
Groendyke is a carrier of flammable Data gathered by Groendyke between public docket for new material.
fuel and liquid hazardous materials. January 2015 and July 2017 show that Issued on: July 17, 2018.
Groendyke has a fleet of approximately the pulsating brake lamps decreased the
Larry W. Minor,
900 trucks and 1,440 trailers, and frequency of rear-end collisions by 33.7
Associate Administrator for Policy.
employs over 1,200 individuals, percent. Groendyke also analyzed its
including approximately 900 drivers. In data to determine whether the pulsating [FR Doc. 2018–16223 Filed 7–27–18; 8:45 am]
its application, Groendyke states brake lamps improved outcomes when BILLING CODE 4910–EX–P
‘‘Groendyke assessed what it could do drivers were slowing or stopping at
to prevent other drivers from rear railroad crossings.1 Groendyke found
ending Groendyke trailers, and that trailers equipped with the pulsating DEPARTMENT OF TRANSPORTATION
determined that increasing visibility of brake lamps were not involved in a rear- Federal Motor Carrier Safety
Groendyke trailers would be an efficient end crash at a railroad crossing during Administration
means to prevent rear ending accidents. the same time period. Groendyke states:
To do this, Groendyke searched for [Docket No. FMCSA–2018–0119]
The results of the Groendyke Brake
ways to cause its braking system to Warning Device Campaign are clear: The
capture the attention of other drivers frequency of rear-end collisions is markedly Agency Information Collection
faster and more completely.’’ lower when trailers are outfitted with Activities; Request for Comments;
In its application, Groendyke seeks an pulsating brake lamps in addition to the Revision and Renewal of an Approved
exemption to include an amber brake- steady-burning lamps required by the Information Collection: Medical
activated pulsating lamp to the rear of FMCSRs. The pulsating brake lamps draw Qualification Requirements
other drivers’ attention to what is happening
its trailers. The pulsating brake lamp with the vehicle in front more effectively and AGENCY: Federal Motor Carrier Safety
would be positioned in the upper center more quickly than steady burning lamps. In Administration (FMCSA), DOT.
portion of the trailer. In support of its the interest of safety and productivity, ACTION: Notice and request for
application, Groendyke contends that Groendyke desires to implement the comments.
the addition of the pulsating brake lamp Groendyke Brake Warning Device Campaign
will improve safety, and states that (1) on the rest of its fleet without risking SUMMARY: In accordance with the
research shows that pulsating brake violation of the FMCSRs. Paperwork Reduction Act of 1995,
lamps in addition to steady burning red Exemptions for Other Classes of FMCSA announces its plan to submit
brake lamps improves visibility and Vehicles. In its application, Groendyke the Information Collection Request (ICR)
prevents accidents, (2) its own notes that the current requirements of described below to the Office of
experience has demonstrated that 49 CFR 393.25(e) specifically exclude Management and Budget (OMB) for
pulsating brake lamps in addition to tow trucks and CMVs from the review and approval. The FMCSA
steady burning red brake lamps has requirements that all exterior lamps be requests to revise and renew an ICR
decreased the frequency of rear-end steady-burning. Groendyke contends titled, ‘‘Medical Qualification
accidents involving its fleet, and (3) that ‘‘Allowing an exemption for drivers Requirements,’’ due to updated
similar exemptions exist for other of hazardous loads would be consistent information for several of the
classes of vehicles. with the intent of the regulation.’’ Information Collections (ICs) discussed.
Research. Groendyke cites several This ICR is needed to ensure that
studies conducted by the National Request for Comments
drivers, motor carriers and the States are
Highway Traffic Safety Administration, In accordance with 49 U.S.C. 31315 complying with the physical
another agency in the U.S. Department and 31136(e), FMCSA requests public qualification requirements of
of Transportation, on the issues of rear- comment from all interested persons on commercial motor vehicle (CMV)
end crashes, distracted driving, and Groendyke’s application for an drivers. The information collected is
braking signals. Groendyke states: exemption from the requirements of 49 used to determine and certify driver
Research indicates that there are ways to CFR 393.25(e). All comments received medical fitness and must be collected in
improve the attention-getting qualities of before the close of business on the order for our highways to be safe. On
braking systems. Including a pulsating brake comment closing date indicated at the April 27, 2018, FMCSA published a 60-
lamp on a lead vehicle has quantifiable effect beginning of this notice will be day notice (83 FR 18640) requesting
on the drivers of following vehicles and considered and will be available for comment on the renewal of this ICR. In
measurably reduces rear-end collisions. examination in the docket at the
Drivers are redirected and altered faster and
response to this notice, eight comments
location listed under the ADDRESSES were received. However, none of the
more efficiently when a pulsating brake lamp
draws their attention to the lead vehicle. As
section of this notice. Comments comments were related to information
a result, rear-end collisions, can be prevented received after the comment closing date collection activities or the renewal of
or at least reduced. will be filed in the public docket and this ICR.
will be considered to the extent DATES: Please send your comments by
Groendyke Experience. Beginning in practicable. In addition to late
the second quarter of 2015, Groendyke August 29, 2018. OMB must receive
comments, FMCSA will also continue to your comments by this date in order to
began installing pulsating brake lamps file, in the public docket, relevant
on some of its fleet without act quickly on the ICR.
daltland on DSKBBV9HB2PROD with NOTICES
authorization from FMCSA to compare 1 As cargo tank operators hauling hazardous ADDRESSES: All comments should
the frequency of rear-end collisions materials, Groendyke drivers are required to stop or reference Federal Docket Management
between (1) trailers equipped with slow significantly at railroad crossings (49 CFR System (FDMS) Docket Number
pulsating brake lamps and the required 392.10–392.12). Groendyke notes that railroad FMCSA–2018–0119. Interested persons
crossings are a significant source of rear-end
steady-burning lamps and (2) trailers collisions at Groendyke and elsewhere because non-
are invited to submit written comments
equipped with only the steady-burning commercial drivers may not anticipate stops at on the proposed information collection
lamps required by the FMCSRs. As of railroad crossings. to the Office of Information and
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Regulatory Affairs, Office of FMCSA’s medical standards provide Accountable, Flexible, Efficient
Management and Budget. Comments this assurance by requiring drivers to be Transportation Act: A Legacy for Users
should be addressed to the attention of examined and medically certified as requires MEs to transmit to FMCSA’s
the Desk Officer, Department of physically and mentally qualified to Chief Medical Officer, electronically
Transportation/Federal Motor Carrier drive. Therefore, information used to and on a monthly basis, driver
Safety Administration, and sent via determine and certify driver medical information and results of any CMV
electronic mail to oira_submission@ fitness must be collected. FMCSA is the driver medical examinations conducted
omb.eop.gov, or faxed to (202) 395– Federal government agency authorized during the previous month. MEs are
6974, or mailed to the Office of to require the collection of this required to maintain records of the CMV
Information and Regulatory Affairs, information. FMCSA is required by driver medical examinations they
Office of Management and Budget, statute to establish standards for the conduct. FMCSA does not require MEs
Docket Library, Room 10102, 725 17th physical qualifications of drivers who to maintain these records electronically.
Street NW, Washington, DC 20503. operate CMVs in interstate commerce However, there is nothing to preclude a
FOR FURTHER INFORMATION CONTACT: Ms. for non-excepted industries [49 U.S.C. ME from maintaining electronic records
Christine A. Hydock, Chief, Medical 31136(a)(3) and 31502(b)]. The of the medical examinations he/she
Programs Division, Department of regulations discussing this collection conducts. FMCSA is continuously
Transportation, Federal Motor Carrier are outlined in the Federal Motor evaluating new information technology
Safety Administration, 6th Floor, West Carrier Safety Regulations (FMCSRs) at in an attempt to decrease the burden on
Building, New Jersey Avenue SE, 49 CFR 390–399. motor carriers and MEs. Less frequent
Washington, DC 20590–0001. Below is a brief description of the collection of driver data, Medical
Telephone: (202) 366–4001, Email included IC activities and how the Examination Report Forms, MCSA–
Address: fmcsamedical@dot.gov. Office information is used. 5875, and MECs would compromise
hours are 9 a.m. to 5 p.m., e.t., Monday Physical Qualification Standards FMCSA’s ability to determine ME
through Friday, except Federal holidays. compliance with FMCSA’s physical
FMCSRs at 49 CFR 391.41 set forth
SUPPLEMENTARY INFORMATION: qualification standards and guidelines
the physical qualification standards that
Title: Medical Qualification in performing CMV driver medical
interstate CMV drivers who are subject
Requirements. examinations, which could result in
to part 391 must meet, with the
OMB Control Number: 2126–0006. MEs listed on the National Registry of
exception of commercial driver’s
Type of Request: Revision and Certified Medical Examiners who
license/commercial learner’s permit
renewal of a current approved should be removed and possibly drivers
(CDL/CLP) drivers transporting migrant
information collection. that don’t meet the physical
workers (who must meet the physical
Respondents: Commercial motor qualification standards set forth in 49 qualification standards possessing an
vehicle drivers, motor carriers, medical CFR 398.3). The FMCSRs covering MEC. Less frequent data collection
examiners, testing centers. driver physical qualification records are would also result in decreased validity
Estimated Number of Respondents: found at 49 CFR 391.43, which specify of the data (i.e., less frequent data
65,503,280. that a medical examination be submission may increase the error rate
Expiration Date: August 31, 2018. performed on CMV drivers subject to due to unintentional omission of
Estimated Total Annual Burden: part 391 who operate in interstate examination information). Therefore,
2,395,315 hours. commerce. The results of the less frequent collection of driver
This information collection is examination shall be recorded in examination results is not an option.
comprised of the following five accordance with the requirements set Resolution of Medical Conflict
information collection activities. forth in that section. The current
Physical Qualification Standards provisions of 49 CFR 391.51 and 398.3 The medical conflict provision
1,892,700 annual burden hours require that a motor carrier retain the provides a mechanism for drivers and
4,813,510 annual respondents Medical Examiner’s Certificate (MEC), motor carriers to request that FMCSA
Resolution of Medical Conflict Form MCSA–5876, in the driver’s make a final decision to resolve
11 annual burden hours qualification (DQ) file for 3 years. The conflicting medical evaluations when
3 annual respondents certificate affirms that the driver is either party does not accept the decision
Medical Exemptions physically qualified to drive a CMV in of a medical specialist. If two MEs
4,430 annual burden hours interstate commerce. disagree about the medical certification
7,332 annual respondents Due to potential onset of new of a driver, the requirements set forth in
SPE Certificate Program conditions or changes in existing 49 CFR 391.47 mandate that the
2,714 annual burden hours conditions that may adversely affect a applicant (driver or motor carrier)
2,426 annual respondents driver’s ability to drive safely and/or submit a copy of a report including
National Registry of Certified Medical cause incapacitation that could be a risk results of all medical testing and the
Examiners to public safety, periodic re-evaluation opinion of an impartial medical
495,460 annual burden hours and recertification is required to assess specialist in the field in which the
680,009 annual respondents driver physical qualification. MECs may medical conflict arose. The applicant
Background: CMVs (trucks and buses) be issued for up to 2 years after the date may, if they choose to do so, submit the
are longer, heavier, and more difficult to of examination. However, drivers with information above using fax and/or
maneuver than automobiles, making certain medical conditions must be email. FMCSA uses the information
daltland on DSKBBV9HB2PROD with NOTICES
them a threat to highway safety if not certified more frequently than every 2 collected from the applicant, including
operated properly by qualified years. Medical Examiners (MEs) have medical information, to determine if the
individuals. The public interest in, and discretion to certify for shorter time driver should or should not be qualified.
right to have, safe highways requires the periods on a case-by-case basis for Without this provision and its
assurance that drivers of CMVs can medical conditions that require closer incumbent driver medical information
safely perform the increased physical monitoring or that are more likely to collection requirements, an unqualified
and mental demands of their duties. change over time. In addition, the Safe, person may be permitted to drive and
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the SDLA with their MEC as proof of The exemption enables interstate CMV notice (DOT/ALL–14 FDMS), which can
medical certification. As a result of this drivers who are licensed in Virginia and be reviewed at http://www.dot.gov/
extension, there are no additional are subject to the Federal SPE privacy.
annual burden hours or costs to requirements under 49 CFR 391.49 to FOR FURTHER INFORMATION CONTACT: Ms.
respondents imposed by the Medical continue to fulfill the Federal Eileen Nolan, Office of Carrier, Driver
Examiner’s Certification Integration requirements with a State-issued SPE and Vehicle Safety, Medical Programs
final rule during the first 6 years of and to operate CMVs in interstate Division, 202–366–4001,
implementation of the final rule. commerce anywhere in the United fmcsamedical@dot.gov, FMCSA,
Therefore, all the IC activities imposed States. Department of Transportation, 1200
on the MEs, drivers, and motor carriers DATES: This decision is effective July 8, New Jersey Avenue SE, Room W64–224,
over the first 6 years of implementing 2018, and will expire July 8, 2023, and Washington, DC 20590–0001. Office
the Medical Examiner’s Certification
may be renewed. Comments must be hours are from 8:30 a.m. to 5:30 p.m.,
Integration final rule will remain
received on or before August 29, 2018. e.t., Monday through Friday, except
unchanged.
ADDRESSES: You may submit comments Federal holidays. If you have questions
On April 27, 2018, FMCSA published
bearing the Federal Docket Management regarding viewing or submitting
a 60-day notice (83 FR 18640)
System (FDMS) Docket No. FMCSA– material to the docket, contact Docket
requesting comment on the renewal of
2013–0147 using any of the following Services, telephone (202) 366–9826.
this ICR. In response to the notice, eight
comments were received. However, methods: SUPPLEMENTARY INFORMATION:
none of the comments were related to • Federal eRulemaking Portal: Go to
http://www.regulations.gov. Follow the I. Background
information collection activities or the
renewal of this ICR. online instructions for submitting Under 49 U.S.C. 31136(e) and 31315,
Public Comments Invited: You are comments. FMCSA may grant an exemption from
asked to comment on any aspect of this • Mail: Docket Management Facility; certain parts of the Federal Motor
information collection, including: (1) U.S. Department of Transportation, 1200 Carrier Safety Regulations (FMCSRs) for
Whether the proposed collection is New Jersey Avenue SE, West Building no longer than 5 years if it finds ‘‘such
necessary for the FMCSA to perform its Ground Floor, Room W12–140, exemption would likely achieve a level
functions; (2) the accuracy of the Washington, DC 20590–0001. of safety that is equivalent to or greater
estimated burden; (3) ways for the • Hand Delivery: West Building than the level that would be achieved
FMCSA to enhance the quality, Ground Floor, Room W12–140, 1200 absent such exemption.’’ The statute
usefulness, and clarity of the collected New Jersey Avenue SE, Washington, allows the Agency to renew exemptions
information; and (4) ways that the DC, between 9 a.m. and 5 p.m., e.t., at the end of the 5-year period.
burden could be minimized without Monday through Friday, except Federal On July 8, 2014, FMCSA granted
reducing the quality of the collected Holidays. Virginia a 2-year exemption that enables
information. • Fax: 1–202–493–2251. interstate CMV drivers licensed in
Instructions: Each submission must Virginia who are subject to the Federal
Issued under the authority delegated in 49 include the Agency name and the SPE requirements under 49 CFR 391.49
CFR 1.87 on: July 20, 2018. docket number(s) for this notice. Note to fulfill the Federal requirements with
G. Kelly Regal, that all comments received will be a State-issued SPE (79 FR 38659).
Associate Administrator for Office of posted without change to http:// Subsequently, a request for exemption
Research and Information Technology. www.regulations.gov, including any renewal was received, and granted for a
[FR Doc. 2018–16224 Filed 7–27–18; 8:45 am] personal information provided. Please 2-year period, beginning July 8, 2016
BILLING CODE 4910–EX–P see the Privacy Act heading below for and ending on July 8, 2018 (81 FR
further information. 44674).
Docket: For access to the docket to At the time the first exemption was
DEPARTMENT OF TRANSPORTATION read background documents or granted, the term of temporary
comments, go to http:// exemptions was limited by statute to a
Federal Motor Carrier Safety
www.regulations.gov at any time or maximum of 2 years. However, on
Administration
Room W12–140 on the ground level of December 4, 2015, Congress enacted the
[Docket No. FMCSA–2013–0147] the West Building, 1200 New Jersey Fixing America’s Surface Transportation
Avenue SE, Washington, DC, between 9 (FAST) Act, which now allows an
Qualification of Drivers; Skill a.m. and 5 p.m., e.t., Monday through exemption to be granted for a period of
Performance Evaluation; Virginia Friday, except Federal holidays. The 5 years (49 U.S.C. 31315(b)(2)) if
Department of Motor Vehicles FDMS is available 24 hours each day FMCSA finds ‘‘such exemption would
Application for Renewal Exemption e.t., 365 days each year. If you want likely achieve a level of safety that is
AGENCY: Federal Motor Carrier Safety acknowledgment that we received your equivalent to, or greater than, the level
Administration (FMCSA), DOT. comments, please include a self- that would be achieved absent such
ACTION: Notice of renewal of exemption; addressed, stamped envelope or exemption.’’ Virginia has consistently
request for comments. postcard or print the acknowledgement maintained the statutory requirements
page that appears after submitting associated with 49 U.S.C. 31136(e) and
SUMMARY: FMCSA announces its comments online. 31315 for their SPE program. Therefore,
decision to renew a Virginia Department Privacy Act: In accordance with 5 the Agency believes that extending the
daltland on DSKBBV9HB2PROD with NOTICES
of Motor Vehicles (DMV) exemption on U.S.C. 553(c), DOT solicits comments exemption period to a 5-year period will
behalf of truck and bus drivers who are from the public to better inform its likely achieve a level of safety that is
licensed in the Commonwealth of rulemaking process. DOT posts these equivalent to, or greater than, the level
Virginia and need a Skill Performance comments, without edit, including any of safety achieved without the
Evaluation (SPE) Certificate from personal information the commenter exemption.
FMCSA to operate commercial motor provides, to http://www.regulations.gov, The requirements of the exemption
vehicles (CMV) in interstate commerce. as described in the system of records were outlined in the prior notices and
VerDate Sep<11>2014 20:33 Jul 27, 2018 Jkt 244001 PO 00000 Frm 00154 Fmt 4703 Sfmt 4703 E:\FR\FM\30JYN1.SGM 30JYN1](https://thefederalregister.org/doc/83_FR_36809/page/4.svg)
Document Created: 2018-07-28 01:44:50
Document Modified: 2018-07-28 01:44:50
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice and request for comments. | |
| Dates | Please send your comments by August 29, 2018. OMB must receive your comments by this date in order to act quickly on the ICR. | |
| Contact | Ms. Christine A. Hydock, Chief, Medical Programs Division, Department of Transportation, Federal Motor Carrier Safety Administration, 6th Floor, West Building, New Jersey Avenue SE, Washington, DC 20590-0001. Telephone: (202) 366-4001, Email | |
| FR Citation | 83 FR 36663 |
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