Agency Information Collection Activities; Request for Comments; Revision and Renewal of an Approved Information Collection: Medical Qualification Requirements, 36663-36666 [2018-16224]
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Federal Register / Vol. 83, No. 146 / Monday, July 30, 2018 / Notices
copy of the application is included in
the docket referenced at the beginning
of this notice.
Groendyke is a carrier of flammable
fuel and liquid hazardous materials.
Groendyke has a fleet of approximately
900 trucks and 1,440 trailers, and
employs over 1,200 individuals,
including approximately 900 drivers. In
its application, Groendyke states
‘‘Groendyke assessed what it could do
to prevent other drivers from rear
ending Groendyke trailers, and
determined that increasing visibility of
Groendyke trailers would be an efficient
means to prevent rear ending accidents.
To do this, Groendyke searched for
ways to cause its braking system to
capture the attention of other drivers
faster and more completely.’’
In its application, Groendyke seeks an
exemption to include an amber brakeactivated pulsating lamp to the rear of
its trailers. The pulsating brake lamp
would be positioned in the upper center
portion of the trailer. In support of its
application, Groendyke contends that
the addition of the pulsating brake lamp
will improve safety, and states that (1)
research shows that pulsating brake
lamps in addition to steady burning red
brake lamps improves visibility and
prevents accidents, (2) its own
experience has demonstrated that
pulsating brake lamps in addition to
steady burning red brake lamps has
decreased the frequency of rear-end
accidents involving its fleet, and (3)
similar exemptions exist for other
classes of vehicles.
Research. Groendyke cites several
studies conducted by the National
Highway Traffic Safety Administration,
another agency in the U.S. Department
of Transportation, on the issues of rearend crashes, distracted driving, and
braking signals. Groendyke states:
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Research indicates that there are ways to
improve the attention-getting qualities of
braking systems. Including a pulsating brake
lamp on a lead vehicle has quantifiable effect
on the drivers of following vehicles and
measurably reduces rear-end collisions.
Drivers are redirected and altered faster and
more efficiently when a pulsating brake lamp
draws their attention to the lead vehicle. As
a result, rear-end collisions, can be prevented
or at least reduced.
Groendyke Experience. Beginning in
the second quarter of 2015, Groendyke
began installing pulsating brake lamps
on some of its fleet without
authorization from FMCSA to compare
the frequency of rear-end collisions
between (1) trailers equipped with
pulsating brake lamps and the required
steady-burning lamps and (2) trailers
equipped with only the steady-burning
lamps required by the FMCSRs. As of
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July 31, 2017, Groendyke had outfitted
632 of its 1,440 trailers with pulsating
brake lamps.
Data gathered by Groendyke between
January 2015 and July 2017 show that
the pulsating brake lamps decreased the
frequency of rear-end collisions by 33.7
percent. Groendyke also analyzed its
data to determine whether the pulsating
brake lamps improved outcomes when
drivers were slowing or stopping at
railroad crossings.1 Groendyke found
that trailers equipped with the pulsating
brake lamps were not involved in a rearend crash at a railroad crossing during
the same time period. Groendyke states:
The results of the Groendyke Brake
Warning Device Campaign are clear: The
frequency of rear-end collisions is markedly
lower when trailers are outfitted with
pulsating brake lamps in addition to the
steady-burning lamps required by the
FMCSRs. The pulsating brake lamps draw
other drivers’ attention to what is happening
with the vehicle in front more effectively and
more quickly than steady burning lamps. In
the interest of safety and productivity,
Groendyke desires to implement the
Groendyke Brake Warning Device Campaign
on the rest of its fleet without risking
violation of the FMCSRs.
Exemptions for Other Classes of
Vehicles. In its application, Groendyke
notes that the current requirements of
49 CFR 393.25(e) specifically exclude
tow trucks and CMVs from the
requirements that all exterior lamps be
steady-burning. Groendyke contends
that ‘‘Allowing an exemption for drivers
of hazardous loads would be consistent
with the intent of the regulation.’’
Request for Comments
In accordance with 49 U.S.C. 31315
and 31136(e), FMCSA requests public
comment from all interested persons on
Groendyke’s application for an
exemption from the requirements of 49
CFR 393.25(e). All comments received
before the close of business on the
comment closing date indicated at the
beginning of this notice will be
considered and will be available for
examination in the docket at the
location listed under the ADDRESSES
section of this notice. Comments
received after the comment closing date
will be filed in the public docket and
will be considered to the extent
practicable. In addition to late
comments, FMCSA will also continue to
file, in the public docket, relevant
1 As cargo tank operators hauling hazardous
materials, Groendyke drivers are required to stop or
slow significantly at railroad crossings (49 CFR
392.10–392.12). Groendyke notes that railroad
crossings are a significant source of rear-end
collisions at Groendyke and elsewhere because noncommercial drivers may not anticipate stops at
railroad crossings.
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information that becomes available after
the comment closing date. Interested
persons should continue to examine the
public docket for new material.
Issued on: July 17, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018–16223 Filed 7–27–18; 8:45 am]
BILLING CODE 4910–EX–P
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
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
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 60day 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
SUMMARY:
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36664
Federal Register / Vol. 83, No. 146 / Monday, July 30, 2018 / Notices
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 oira_submission@
omb.eop.gov, 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: fmcsamedical@dot.gov. 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.
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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,
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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
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qualified persons may be prevented
from driving.
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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
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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
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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
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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
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2013–0147]
Qualification of Drivers; Skill
Performance Evaluation; Virginia
Department of Motor Vehicles
Application for Renewal Exemption
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of renewal of exemption;
request for comments.
AGENCY:
FMCSA announces its
decision to renew a Virginia Department
of Motor Vehicles (DMV) exemption on
behalf of truck and bus drivers who are
licensed in the Commonwealth of
Virginia and need a Skill Performance
Evaluation (SPE) Certificate from
FMCSA to operate commercial motor
vehicles (CMV) in interstate commerce.
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SUMMARY:
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The exemption enables interstate CMV
drivers who are licensed in Virginia and
are subject to the Federal SPE
requirements under 49 CFR 391.49 to
continue to fulfill the Federal
requirements with a State-issued SPE
and to operate CMVs in interstate
commerce anywhere in the United
States.
This decision is effective July 8,
2018, and will expire July 8, 2023, and
may be renewed. Comments must be
received on or before August 29, 2018.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA–
2013–0147 using any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 1200
New Jersey Avenue SE, West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery: 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.
• Fax: 1–202–493–2251.
Instructions: Each submission must
include the Agency name and the
docket number(s) for this notice. Note
that all comments received will be
posted without change to https://
www.regulations.gov, including any
personal information provided. Please
see the Privacy Act heading below for
further information.
Docket: For access to the docket to
read background documents or
comments, go to https://
www.regulations.gov at any time or
Room W12–140 on the ground level of
the West Building, 1200 New Jersey
Avenue SE, Washington, DC, between 9
a.m. and 5 p.m., e.t., Monday through
Friday, except Federal holidays. The
FDMS is available 24 hours each day
e.t., 365 days each year. If you want
acknowledgment that we received your
comments, please include a selfaddressed, stamped envelope or
postcard or print the acknowledgement
page that appears after submitting
comments online.
Privacy Act: In accordance with 5
U.S.C. 553(c), DOT solicits comments
from the public to better inform its
rulemaking process. DOT posts these
comments, without edit, including any
personal information the commenter
provides, to https://www.regulations.gov,
as described in the system of records
DATES:
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notice (DOT/ALL–14 FDMS), which can
be reviewed at https://www.dot.gov/
privacy.
Ms.
Eileen Nolan, Office of Carrier, Driver
and Vehicle Safety, 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 from 8:30 a.m. to 5:30 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:
FOR FURTHER INFORMATION CONTACT:
I. Background
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption from
certain parts of the Federal Motor
Carrier Safety Regulations (FMCSRs) for
no longer than 5 years if it finds ‘‘such
exemption would likely achieve a level
of safety that is equivalent to or greater
than the level that would be achieved
absent such exemption.’’ The statute
allows the Agency to renew exemptions
at the end of the 5-year period.
On July 8, 2014, FMCSA granted
Virginia a 2-year exemption that enables
interstate CMV drivers licensed in
Virginia who are subject to the Federal
SPE requirements under 49 CFR 391.49
to fulfill the Federal requirements with
a State-issued SPE (79 FR 38659).
Subsequently, a request for exemption
renewal was received, and granted for a
2-year period, beginning July 8, 2016
and ending on July 8, 2018 (81 FR
44674).
At the time the first exemption was
granted, the term of temporary
exemptions was limited by statute to a
maximum of 2 years. However, on
December 4, 2015, Congress enacted the
Fixing America’s Surface Transportation
(FAST) Act, which now allows an
exemption to be granted for a period of
5 years (49 U.S.C. 31315(b)(2)) if
FMCSA finds ‘‘such exemption would
likely achieve a level of safety that is
equivalent to, or greater than, the level
that would be achieved absent such
exemption.’’ Virginia has consistently
maintained the statutory requirements
associated with 49 U.S.C. 31136(e) and
31315 for their SPE program. Therefore,
the Agency believes that extending the
exemption period to a 5-year period will
likely achieve a level of safety that is
equivalent to, or greater than, the level
of safety achieved without the
exemption.
The requirements of the exemption
were outlined in the prior notices and
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]]>Agencies
[Federal Register Volume 83, Number 146 (Monday, July 30, 2018)]
[Notices]
[Pages 36663-36666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16224]
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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.
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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA
announces its plan to submit the Information Collection Request (ICR)
described below to the Office of Management and Budget (OMB) for review
and approval. 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
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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
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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]
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