Agency Information Collection Activities; Request for Comments; Revision of an Approved Information Collection: Medical Qualification Requirements, 74804-74806 [2014-29288]
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Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Notices
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domestic procedures so as to allow
Israel and Turkey to join the EGA
negotiations. On October 20, 2014, the
United States Trade Representative
notified Congress of the
Administration’s intent to join a
consensus among EGA participants to
invite the Government of Israel to join
the EGA negotiations. With respect to
the Government of Turkey, the United
States Trade Representative sent a
similar notification to Congress on
November 20, 2014.
The Chair of the TPSC invites
interested persons to provide written
comments that will assist USTR in
assessing Israel’s and Turkey’s potential
participation in the EGA negotiations.
The TPSC Chair invites comments on all
relevant matters, and, in particular, with
regard to those environmental goods of
which Israel and Turkey are significant
producers and consumers, as well as
current market conditions for
environmental technologies in Israel
and Turkey.
USTR is observing the relevant
procedures of the Bipartisan Trade
Promotion Authority Act of 2002 (19
U.S.C. 3804) with respect to notifying
and consulting with Congress on the
invitation of new members to these
negotiations.
Requirements for Submissions
Persons submitting comments must
do so in English and must identify (on
the first page of the submission)
‘‘Environmental Goods Agreement—
New Participants: Israel and Turkey’’. In
order to be assured of consideration,
comments should be submitted by 11:59
p.m., January 12, 2015. In order to
ensure the timely receipt and
consideration of comments, USTR
strongly encourages commenters to
make on-line submissions using the
www.regulations.gov Web site. To
submit comments via
www.regulations.gov, enter docket
number USTR–2014–0024 on the home
page and click ‘‘search.’’ The site will
provide a search-results page listing all
documents associated with this docket.
Find a reference to this notice and click
on the link entitled ‘‘Comment Now!’’
(For further information on using the
www.regulations.gov Web site, please
consult the resources provided on the
Web site by clicking on ‘‘How to Use
This Site’’ on the left side of the home
page).
The www.regulations.gov Web site
allows users to provide comments by
filling in a ‘‘Type Comment’’ field, or by
attaching a document using an ‘‘Upload
File’’ field. USTR prefers that comments
be provided in an attached document. If
a document is attached, it is sufficient
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19:38 Dec 15, 2014
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to type ‘‘See attached’’ in the ‘‘Type
Comment’’ field. USTR prefers
submissions in Microsoft Word (.doc) or
Adobe Acrobat (.pdf). If the submission
is in an application other than those
two, please indicate the name of the
application in the ‘‘Type Comment’’
field. For any comments submitted
electronically containing business
confidential information, the file name
of the business confidential version
should begin with the characters ‘‘BC’’.
Any page containing business
confidential information must be clearly
marked ‘‘BUSINESS CONFIDENTIAL’’
on the top of that page. Filers of
submissions containing business
confidential information must also
submit a public version of their
comments. The file name of the public
version should begin with the character
‘‘P’’. The ‘‘BC’’ and ‘‘P’’ should be
followed by the name of the person or
entity submitting the comments or reply
comments. Filers submitting comments
containing no business confidential
information should name their file using
the name of the person or entity
submitting the comments. Please do not
attach separate cover letters to
electronic submissions; rather, include
any information that might appear in a
cover letter in the comments
themselves. Similarly, to the extent
possible, please include any exhibits,
annexes, or other attachments in the
same file as the submission itself, not as
separate files.
As noted, USTR strongly urges
submitters to file comments through
www.regulations.gov, if at all possible.
Any alternative arrangements must be
made with Ms. Jamison in advance of
transmitting a comment. Ms. Jamison
should be contacted at (202) 395–3475.
General information concerning USTR
is available at www.ustr.gov. Comments
will be placed in the docket and open
to public inspection, except business
confidential information. Comments
may be viewed on the
www.regulations.gov Web site by
entering the relevant docket number in
the search field on the home page.
Douglas Bell,
Chair, Trade Policy Staff Committee.
[FR Doc. 2014–29388 Filed 12–15–14; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2014–0430]
Agency Information Collection
Activities; Request for Comments;
Revision of an Approved Information
Collection: Medical Qualification
Requirements
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice and request for
comments.
AGENCY:
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 an ICR entitled, ‘‘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 medical
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 February 17, 2015.
ADDRESSES: You may submit comments
identified by Federal Docket
Management System (FDMS) Docket
Number FMCSA–2014–0430 using any
of the following methods:
• Federal eRulemaking Portal: https://
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 and additional
information on the exemption process,
see the Public Participation heading
below. Note that all comments received
will be posted without change to
SUMMARY:
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mstockstill on DSK4VPTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Notices
https://www.regulations.gov, including
any personal information provided.
Please see the Privacy Act heading
below.
Docket: For access to the docket to
read background documents or
comments received, go to https://
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 https://
edocket.access.gpo.gov/2008/pdfE8794.pdf.
Public Participation: The Federal
eRulemaking Portal is available 24
hours each day, 365 days each year. You
can obtain electronic submission and
retrieval help and guidelines under the
‘‘help’’ section of the Federal
eRulemaking Portal Web site. If you
want us to notify you that we received
your comments, please include a selfaddressed, 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:
Charles A. Horan III, Director, Office of
Carrier, Driver, and Vehicle, Safety
Standards, Department of
Transportation, Federal Motor Carrier
Safety Administration, West Building
6th Floor, 1200 New Jersey Avenue SE.,
Washington, DC 20590. Telephone:
202–366–2362; email charles.horan@
dot.gov.
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
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Jkt 235001
fitness must be collected in order for our
highways to be safe. 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.
The estimate of the number of CMV
drivers and motor carriers covered by
the IC activities for Physical
Qualification Standards and the
National Registry of Certified Medical
Examiners (National Registry) reflects
both interstate drivers and motor
carriers subject to the FMCSRs and
intrastate drivers and motor carriers
subject to compatible State regulations.
Although Federal regulations do not
require States to comply with the
medical requirements in the FMCSRs,
most States do mirror the Federal
requirements. If intrastate CMV drivers
are subject to Federal compatible State
regulations, the Agency anticipates that
it is likely that these drivers will use
certified MEs on the National Registry
for their medical qualification
examinations. In addition, a small
number of drivers transporting 8 or less
migrant workers more than 75 miles in
interstate commerce that are still subject
to the medical certification
requirements of 49 CFR 398 are
included in this population.
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
(CDL)/commercial learner’s permit
(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) in
the driver’s qualification (DQ) file for 3
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74805
years. The certificate affirms that the
driver is physically qualified to drive a
CMV in interstate commerce.
Due to potential for 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 Equity Act: A Legacy for
Users (SAFETEA–LU, Pub. L. 109–59),
enacted in 2005 and amended by the
Moving Ahead for Progress in the 21st
Century Act (MAP–21, Pub. L. 112–141)
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 Reports (MERs), and MECs
would compromise FMCSA’s ability to
determine ME compliance with FMCSA
medical standards and guidelines in
performing CMV driver medical
examinations, which could result in
MEs listed on the National Registry who
should be removed and possibly drivers
that don’t meet the physical
qualification standards possessing a
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 FMCSA to
make a final decision to resolve
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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.
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
381.300 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. 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.
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Jkt 235001
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 medical 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 Web site 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
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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.
Title: Medical Qualification
Requirements.
OMB Control Number: 2126–0006.
Type of Request: Revision of a
currently approved information
collection.
Respondents: Commercial motor
vehicle drivers, motor carriers, medical
examiners, testing centers.
Estimated Number of Respondents:
4,623,000 CMV drivers, 540,000 motor
carriers, 40,000 medical examiners,
1,000 test centers).
Expiration Date: July 31, 2015.
Estimated Total Annual Burden:
2,633,702 hours. This ICR is comprised
of the following five information
collection activities:
Physical Qualification Standards
2,080,350 annual burden hours
Resolution of Medical Conflict
11 annual burden hours
Medical Exemptions
4,580 annual burden hours
SPE Certificate Program
2,661 annual burden hours
National Registry of Certified Medical
Examiners
546,100 annual burden hours
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including: (1)
Whether the proposed collection is
necessary for the performance of
FMCSA’s functions; (2) the accuracy of
the estimated burden; (3) ways for
FMCSA to enhance the quality,
usefulness, and clarity of the collected
information; and (4) ways that the
burden could be minimized without
reducing the quality of the collected
information. The agency will summarize
or include your comments in the request
for OMB’s clearance of this information
collection.
Issued under the authority of 49 CFR 1.87
on December 8, 2014.
G. Kelly Regal,
Associate Administrator for Office of
Research and Information Technology and
Chief Information Officer.
[FR Doc. 2014–29288 Filed 12–15–14; 8:45 am]
BILLING CODE 4910–EX–P
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]]>Agencies
[Federal Register Volume 79, Number 241 (Tuesday, December 16, 2014)]
[Notices]
[Pages 74804-74806]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-29288]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2014-0430]
Agency Information Collection Activities; Request for Comments;
Revision 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 an ICR entitled, ``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 medical 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 February 17, 2015.
ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Docket Number FMCSA-2014-0430 using any of the
following methods:
Federal eRulemaking Portal: https://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 and
additional information on the exemption process, see the Public
Participation heading below. Note that all comments received will be
posted without change to
[[Page 74805]]
https://www.regulations.gov, including any personal information
provided. Please see the Privacy Act heading below.
Docket: For access to the docket to read background documents or
comments received, go to https://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 https://edocket.access.gpo.gov/2008/pdfE8-794.pdf.
Public Participation: The Federal eRulemaking Portal is available
24 hours each day, 365 days each year. You can obtain electronic
submission and retrieval help and guidelines under the ``help'' section
of the Federal eRulemaking Portal Web site. If you want us to notify
you that we received your comments, please include a self-addressed,
stamped envelope or postcard, or print the acknowledgement page that
appears after submitting comments online. Comments received after the
comment closing date will be included in the docket and will be
considered to the extent practicable.
FOR FURTHER INFORMATION CONTACT: Charles A. Horan III, Director, Office
of Carrier, Driver, and Vehicle, Safety Standards, Department of
Transportation, Federal Motor Carrier Safety Administration, West
Building 6th Floor, 1200 New Jersey Avenue SE., Washington, DC 20590.
Telephone: 202-366-2362; email charles.horan@dot.gov.
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
in order for our highways to be safe. 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.
The estimate of the number of CMV drivers and motor carriers
covered by the IC activities for Physical Qualification Standards and
the National Registry of Certified Medical Examiners (National
Registry) reflects both interstate drivers and motor carriers subject
to the FMCSRs and intrastate drivers and motor carriers subject to
compatible State regulations. Although Federal regulations do not
require States to comply with the medical requirements in the FMCSRs,
most States do mirror the Federal requirements. If intrastate CMV
drivers are subject to Federal compatible State regulations, the Agency
anticipates that it is likely that these drivers will use certified MEs
on the National Registry for their medical qualification examinations.
In addition, a small number of drivers transporting 8 or less migrant
workers more than 75 miles in interstate commerce that are still
subject to the medical certification requirements of 49 CFR 398 are
included in this population.
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 (CDL)/
commercial learner's permit (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) 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 for 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 Equity Act: A Legacy
for Users (SAFETEA-LU, Pub. L. 109-59), enacted in 2005 and amended by
the Moving Ahead for Progress in the 21st Century Act (MAP-21, Pub. L.
112-141) 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 Reports (MERs),
and MECs would compromise FMCSA's ability to determine ME compliance
with FMCSA medical standards and guidelines in performing CMV driver
medical examinations, which could result in MEs listed on the National
Registry who should be removed and possibly drivers that don't meet the
physical qualification standards possessing a 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 FMCSA to make a final decision to resolve
[[Page 74806]]
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.
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
381.300 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.
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 medical
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 Web site
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.
Title: Medical Qualification Requirements.
OMB Control Number: 2126-0006.
Type of Request: Revision of a currently approved information
collection.
Respondents: Commercial motor vehicle drivers, motor carriers,
medical examiners, testing centers.
Estimated Number of Respondents: 4,623,000 CMV drivers, 540,000
motor carriers, 40,000 medical examiners, 1,000 test centers).
Expiration Date: July 31, 2015.
Estimated Total Annual Burden: 2,633,702 hours. This ICR is
comprised of the following five information collection activities:
Physical Qualification Standards
2,080,350 annual burden hours
Resolution of Medical Conflict
11 annual burden hours
Medical Exemptions
4,580 annual burden hours
SPE Certificate Program
2,661 annual burden hours
National Registry of Certified Medical Examiners
546,100 annual burden hours
Public Comments Invited: You are asked to comment on any aspect of
this information collection, including: (1) Whether the proposed
collection is necessary for the performance of FMCSA's functions; (2)
the accuracy of the estimated burden; (3) ways for FMCSA to enhance the
quality, usefulness, and clarity of the collected information; and (4)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize or include your
comments in the request for OMB's clearance of this information
collection.
Issued under the authority of 49 CFR 1.87 on December 8, 2014.
G. Kelly Regal,
Associate Administrator for Office of Research and Information
Technology and Chief Information Officer.
[FR Doc. 2014-29288 Filed 12-15-14; 8:45 am]
BILLING CODE 4910-EX-P
