Agency Information Collection Activities; Renewal of an Approved Information Collection: Medical Qualification Requirements, 57246-57249 [2021-22285]
Download as PDF
<![CDATA[
57246
Federal Register / Vol. 86, No. 196 / Thursday, October 14, 2021 / Notices
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Summary Notice No. PE–2021–0011]
Petition for Exemption; Summary of
Petition Received; The Boeing
Company
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of petition for exemption
received.
AGENCY:
This notice contains a
summary of a petition seeking relief
from specified requirements of Federal
Aviation Regulations. The purpose of
this notice is to improve the public’s
awareness of, and participation in, the
FAA’s exemption process. Neither
publication of this notice nor the
inclusion or omission of information in
the summary is intended to affect the
legal status of the petition or its final
disposition.
SUMMARY:
Comments on this petition must
identify the petition docket number and
must be received on or before November
3, 2021.
ADDRESSES: Send comments identified
by docket number FAA–2021–0673
using any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov and follow
the online instructions for sending your
comments electronically.
• Mail: Send comments to Docket
Operations, M–30; U.S. Department of
Transportation (DOT), 1200 New Jersey
Avenue SE, Room W12–140, West
Building Ground Floor, Washington, DC
20590–0001.
• Hand Delivery or Courier: Take
comments to Docket Operations in
Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
• Fax: Fax comments to Docket
Operations at 202–493–2251.
Privacy: 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
notice (DOT/ALL–14 FDMS), which can
be reviewed at https://www.dot.gov/
privacy.
Docket: Background documents or
comments received may be read at
https://www.regulations.gov at any time.
Follow the online instructions for
accessing the docket or go to the Docket
lotter on DSK11XQN23PROD with NOTICES1
DATES:
VerDate Sep<11>2014
17:44 Oct 13, 2021
Jkt 256001
Operations in Room W12–140 of the
West Building Ground Floor at 1200
New Jersey Avenue SE, Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Deana Stedman, AIR–612, Federal
Aviation Administration, 2200 South
216th Street, Des Moines, WA 98198,
phone and fax 206–231–3187, email
deana.stedman@faa.gov.
This notice is published pursuant to
14 CFR 11.85.
Issued in Washington, DC, on October 8,
2021.
Daniel J. Commins,
Manager, Technical Writing Section.
Petition for Exemption
Docket No.: FAA–2021–0673.
Petitioner: The Boeing Company.
Section(s) of 14 CFR Affected:
§§ 25.901(c) and 25.903(c), item 6
Engine Torque Loads of Special
Conditions 25–ANM–78, and appendix
K25.1.1 to part 25.
Description of Relief Sought: Boeing
Commercial Airplanes is petitioning for
an exemption of the affected sections of
14 CFR for a period of 5 years, to allow
for independent incorporation of safety
improvements related to engine fan
blade-out failure conditions. The
affected aircraft are Model 777–200 and
777–300 airplanes equipped with Pratt
& Whitney engines.
[FR Doc. 2021–22445 Filed 10–13–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2021–0066]
Agency Information Collection
Activities; Renewal of an Approved
Information Collection: Medical
Qualification Requirements
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (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. FMCSA requests
approval to renew an ICR, titled
‘‘Medical Qualification Requirements,’’
and provides updated information for
several of the information collections
SUMMARY:
PO 00000
Frm 00124
Fmt 4703
Sfmt 4703
discussed. This ICR is needed to ensure
that drivers, motor carriers, Medical
Examiners (ME), and the States are
complying with the physical
qualification requirements of
commercial motor vehicle (CMV)
drivers. The information collected is
used primarily to determine and certify
driver medical fitness and must be
collected in order for our highways to be
safe. On May 6, 2021, FMCSA published
a 60-day notice requesting comment on
the renewal of this ICR. In response to
this notice, two comments were
received.
DATES: Please submit your comments by
November 15, 2021. OMB must receive
your comments by this date in order to
act quickly on the ICR.
ADDRESSES: Comments and
recommendations for the proposed
information collection should be
submitted within 30 days of publication
of this notice to www.reginfo.gov/
public/do/PRAMain. Find this
particular information collection by
selecting ‘‘Currently under 30-day
Review—Open for Public Comments’’ or
by using the search function.
FOR FURTHER INFORMATION CONTACT: Ms.
Christine A. Hydock, Chief, Medical
Programs Division, Department of
Transportation, Federal Motor Carrier
Safety Administration, 6th Floor, West
Building, 1200 New Jersey Avenue SE,
Washington, DC 20590–0001.
Telephone: (202) 366–4001. Email
Address: fmcsamedical@dot.gov. Office
hours are from 9:00 a.m. to 5:00 p.m.,
ET, Monday through Friday, except
Federal Holidays.
SUPPLEMENTARY INFORMATION:
Title: Medical Qualification
Requirements.
OMB Control Number: 2126–0006.
Type of Request: Renewal of a
currently approved information
collection.
Respondents: CMV drivers, motor
carriers, Medical Examiners, testing
centers, treating clinicians.
Estimated Number of Respondents:
6,225,262.
Expiration Date: November 30, 2021.
Estimated Total Annual Burden:
2,707,479 hours.
This information collection is
comprised of the following six
information collection activities.
Physical Qualification Standards:
2,144,680 annual burden hours;
5,444,680 annual respondents.
Resolution of Medical Conflict: 11
annual burden hours; 3 annual
respondents.
Medical Exemptions: 2,529 annual
burden hours; 4,749 annual
respondents.
E:\FR\FM\14OCN1.SGM
14OCN1
Federal Register / Vol. 86, No. 196 / Thursday, October 14, 2021 / Notices
lotter on DSK11XQN23PROD with NOTICES1
SPE Certificate Program: 2,808 annual
burden hours; 2,567 annual
respondents.
National Registry of Certified Medical
Examiners: 556,797 annual burden
hours; 768,357 annual respondents.
Qualification of Drivers; Diabetes
Standard: 654 annual burden hours;
4,906 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 physical qualification
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 physical
qualification regulations relating to this
information collection are found in the
Federal Motor Carrier Safety
Regulations (FMCSRs) at 49 CFR parts
390–399.
Below is a brief description of the
included information collection
activities and how the information is
used.
Physical Qualification Standards
The FMCSRs at 49 CFR 391.41 set
forth the physical qualification
standards 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
applicable to all drivers subject to part
391 are found at 49 CFR 391.43, which
specifies that a physical qualification
examination be performed on CMV
drivers subject to part 391 who operate
in interstate commerce. The results of
examinations must be recorded on the
Medical Examination Report (MER)
Form, MCSA–5875. If the ME finds a
driver is physically qualified to operate
a CMV in accordance with 49 CFR
391.41, the ME must complete and
VerDate Sep<11>2014
17:44 Oct 13, 2021
Jkt 256001
furnish to the driver a Medical
Examiner’s Certificate (MEC), Form
MCSA–5876. The provisions of 49 CFR
391.51 require that a motor carrier retain
the MEC or, for CDL drivers, the
Commercial Driver’s License
Information System (CDLIS) motor
vehicle record, if it contains medical
certification status, in the driver’s
qualification (DQ) file for 3 years. The
MEC and CDLIS motor vehicle record
affirm that the driver is physically
qualified to operate a CMV in interstate
commerce. With respect to drivers
transporting migrant workers, 49 CFR
398.3 requires a motor carrier to retain
in its files a copy of a doctor’s certificate
that affirms the driver has been
examined in accordance with that
section and determined to be physically
qualified to operate a CMV.
Due to the potential for the onset of
new conditions or changes in existing
conditions that may adversely affect a
driver’s ability to safely operate a CMV
and cause a risk to public safety,
FMCSA requires drivers to be medically
certified at least every 2 years. However,
drivers with certain medical conditions
must be certified more frequently than
every 2 years. 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.
MEs are required to maintain records
of the CMV driver physical qualification
examinations they conduct. FMCSA
does not require MEs to maintain these
records electronically. However, there is
nothing to preclude an ME from
maintaining electronic records of the
medical examinations the ME 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,
MER Forms, and MECs would
compromise FMCSA’s ability to
determine ME compliance with
FMCSA’s requirements for performing
CMV driver physical qualification
examinations. This could result in MEs
being listed on FMCSA’s National
Registry of Certified Medical Examiners
(National Registry) who should be
removed and possibly drivers who do
not 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.
PO 00000
Frm 00125
Fmt 4703
Sfmt 4703
57247
Resolution of Medical Conflict
If two MEs disagree about the medical
certification of a driver, the medical
conflict provision provides a
mechanism for drivers and motor
carriers to request that FMCSA resolve
the conflicting medical evaluations
when either party does not accept the
decision of a medical specialist. 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 choose to submit the information
using fax or email. FMCSA uses the
information collected from the
applicant, including medical
information, to determine if the driver
should 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 the Skill
Performance Evaluation (SPE)
Certificate Program
FMCSA may, on a case-by-case basis,
grant a medical exemption from a
physical qualification standard set forth
in 49 CFR 391.41. To do so, the Agency
must determine the exemption 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. 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. Section 381.300
establishes the procedures that persons
must follow to request exemptions from
the FMCSRs. The Agency requires all
medical exemptions to be renewed
every 2 years to ensure that the granting
of the exemption does not diminish
safety. Exemption holders are required
to submit annual medical information
for review to ensure the driver
continues to meet the criteria for an
exemption.
Individuals with loss or impairment
of limbs are permitted to operate a CMV
if they are otherwise physically
qualified and are issued an SPE
certificate by FMCSA. The SPE
certificate must be renewed every 2
years by submitting a renewal
application.
The application process for medical
exemptions and SPE certificates
provides for electronic collection of the
application information by FMCSA for
those applicants who choose to submit
E:\FR\FM\14OCN1.SGM
14OCN1
57248
Federal Register / Vol. 86, No. 196 / Thursday, October 14, 2021 / Notices
lotter on DSK11XQN23PROD with NOTICES1
the information electronically. They
may fax or scan and email documents to
FMCSA. The Vision Exemption Program
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 a medical
exemption or an SPE certificate. In the
interest of highway safety, the medical
examination, medical exemption
renewal, and SPE certificate renewal
should not be performed less frequently.
The National Registry of Certified
Medical Examiners
The National Registry of Certified
Medical Examiners final rule (77 FR
24104, Apr. 20, 2012) requires MEs who
conduct physical qualification
examinations for interstate CMV drivers
to complete training concerning
FMCSA’s 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 with the National
Registry and begin the certification
process. This data is used to provide the
public with contact information for
those healthcare professionals who are
certified by FMCSA to conduct
interstate CMV driver physical
qualification examinations. Less
frequent collection of ME candidate
identity and eligibility information and
test results could mean there are fewer
MEs available to perform physical
qualification examinations and to meet
the needs of the CMV driver and motor
carrier population. This could place a
burden on drivers and motor carriers.
Therefore, less frequent collection of ME
candidate identity and eligibility
information and test results is not an
option.
MEs are required to transmit to
FMCSA via the National Registry results
of any CMV driver physical
qualification examinations completed
by midnight (local time) of the next
calendar day following the examination.
The reporting of results includes all
CMV drivers (CDL/CLP and non-CDL/
CLP) who are required to be medically
certified to operate in interstate
commerce and allows, but does not
require, MEs to transmit any
information about examinations
performed in accordance with the
FMCSRs with any applicable State
variances, which will be valid for
VerDate Sep<11>2014
17:44 Oct 13, 2021
Jkt 256001
intrastate operations only. Less frequent
collection of driver data would
compromise FMCSA’s ability to
determine ME compliance with FMCSA
requirements for performing CMV driver
physical qualification examinations.
This could result in MEs being listed on
the National Registry who should be
removed and possibly drivers who do
not 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.
The National Registry final rule 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 could mean
drivers may not have been examined by
an ME listed on the National Registry
and may not meet the physical
qualifications standards of the FMCSRs.
As a follow-on rule to the National
Registry final rule, the Medical
Examiner’s Certification Integration
final rule (80 FR 22790, Apr. 23, 2015),
modified several of the requirements
adopted in the National Registry final
rule, some of which had 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 approached, FMCSA
concluded that the information
technology infrastructure necessary to
implement the portions of the final rule
that required the electronic transmission
of data would not be available on June
22, 2018. Accordingly, on June 21, 2018,
FMCSA published a notice extending
the compliance date for several of the
provisions in the Medical Examiner’s
Certification Integration final rule to
June 22, 2021 (83 FR 28774).
As the June 22, 2021 compliance date
approached, FMCSA again concluded
PO 00000
Frm 00126
Fmt 4703
Sfmt 4703
that additional time was needed for
FMCSA to complete certain information
technology system development tasks
for its National Registry and to provide
the SDLAs sufficient time to make the
necessary information technology
programming changes after the new
National Registry system is available.
Accordingly, on June 22, 2021, FMCSA
amended its regulations to extend the
compliance date from June 22, 2021, to
June 23, 2025, for several provisions of
its Medical Examiner’s Certification
Integration final rule (86 FR 32643).
Since the compliance date for these
provisions will be extended until June
23, 2025, the annual burden hours and
costs are not covered as part of this ICR.
Qualifications of Drivers; Diabetes
Standard
As a result of the September 19, 2018,
Qualifications of Drivers; Diabetes
Standard final rule (83 FR 47486), the
FMCSRs were amended to permit
drivers with a stable insulin regimen
and properly controlled insulin-treated
diabetes mellitus (ITDM) to operate
CMVs in interstate commerce. An
individual with ITDM can obtain an
MEC from an ME for up to a maximum
of 12 months. To do so, the treating
clinician, the healthcare professional
who manages, and prescribes insulin
for, the treatment of the individual’s
diabetes must complete the InsulinTreated Diabetes Mellitus Assessment
Form, MCSA–5870, and attest to the ME
that the individual maintains a stable
insulin regimen and proper control of
the individual’s diabetes. The ME must
review the form and determine the
individual meets FMCSA’s ITDM
standard and other physical
qualification standards. The information
collection is necessary to ensure drivers
meet these standards. FMCSA allows
treating clinicians and drivers to
provide the form to MEs, if they choose
to do so, using electronic
communication such as fax or email.
Comments to the 60-Day Notice
On May 6, 2021, FMCSA published a
60-day notice (86 FR 24433) requesting
comment on the renewal of this ICR. In
response to the notice, comments were
received from the National School
Transportation Association (NSTA) and
the U.S. Equal Employment
Opportunity Commission (EEOC).
NSTA commented that it was in support
of the renewal of this information
collection. The EEOC suggested that
FMCSA consider revising the requests
for medical information on the MER
Form to focus on medical conditions
and medications that may interfere, are
likely to interfere, or do interfere with
E:\FR\FM\14OCN1.SGM
14OCN1
Federal Register / Vol. 86, No. 196 / Thursday, October 14, 2021 / Notices
individuals’ ability to control, drive, or
otherwise operate a CMV safely. It also
suggested that that FMCSA consider
narrowing the length of time that certain
medical issues must be reported. In
addition, it provided other comments
regarding information on FMCSA’s
website that were not related to
information collection activities or the
renewal of this ICR. Those comments
will be considered by FMCSA outside of
this ICR renewal process.
Regarding the EEOC’s suggestions for
the MER Form, the information
collected in the driver health history
section of the MER Form is relevant and
necessary to obtain a full health history
from the driver. The information
obtained facilitates the completion of a
thorough examination by the ME. An
ME needs all pertinent information to
make an appropriate assessment of
whether the driver meets the physical
qualifications standards. FMCSA
emphasizes that the driver health
history questions are linked to the
physical qualification standards set out
in 49 CFR 391.41(b). Most of the
standards are worded broadly because
many medical conditions may interfere
with an individual’s ability to operate a
CMV safely. Therefore, it is not in the
interest of safety for FMCSA to provide
less information to the ME.
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including: (1)
Whether the proposed collection is
necessary for FMCSA to perform its
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.
Issued under the authority delegated in 49
CFR 1.87.
Thomas P. Keane,
Associate Administrator, Office of Research
and Registration.
[FR Doc. 2021–22285 Filed 10–13–21; 8:45 am]
lotter on DSK11XQN23PROD with NOTICES1
BILLING CODE 4910–EX–P
VerDate Sep<11>2014
17:44 Oct 13, 2021
Jkt 256001
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2021–0096]
Agency Information Collection
Activities; Renewal of an Approved
Information Collection: Electronic
Logging Device (ELD) Vendor
Registration
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (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. FMCSA requests approval to
renew an ICR titled, ‘‘Electronic Logging
Device (ELD) Vendor Registration.’’ This
ICR is necessary for ELD vendors to
register their ELDs with the Agency.
DATES: We must receive your comments
on or before December 13, 2021.
ADDRESSES: You may submit comments
identified by Federal Docket
Management System (FDMS) Docket
Number FMCSA–2021–0096 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 Operations; U.S.
Department of Transportation, 1200
New Jersey Avenue SE, West Building,
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery or Courier: U.S.
Department of Transportation, 1200
New Jersey Avenue SE, West Building,
Ground Floor, Room W12–140,
Washington, DC, 20590–0001 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 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
SUMMARY:
PO 00000
Frm 00127
Fmt 4703
Sfmt 4703
57249
online instructions for accessing the
dockets, or go to the street address listed
above.
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 www.regulations.gov, as
described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at www.dot.gov/privacy.
Public Participation: The Federal
eRulemaking Portal is available 24
hours each day, 365 days each year. You
can obtain electronic submission and
retrieval help and guidelines under the
‘‘help’’ section of the Federal
eRulemaking Portal website. If you want
us to notify you that we received your
comments, please include a 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: Jose
R. Cestero, Vehicle and Roadside
Operations Division, Department of
Transportation, Federal Motor Carrier
Safety Administration, West Building
6th Floor, 1200 New Jersey Avenue SE,
Washington, DC 20590. Telephone:
202–366–5541; email jose.cestero@
dot.gov.
SUPPLEMENTARY INFORMATION:
Background: On December 16, 2015,
FMCSA published a final rule titled
‘‘Electronic Logging Devices and Hours
of Service Supporting Documents,’’ (80
FR 78292) that established minimum
performance and design standards for
hours-of-service (HOS) ELDs;
requirements for the mandatory use of
these devices by drivers currently
required to prepare HOS records of duty
status (RODS); requirements concerning
HOS supporting documents; and
measures to address concerns about
harassment resulting from the
mandatory use of ELDs.
To ensure consistency among ELD
vendors and devices, detailed functional
specifications were published as part of
the December 2015 final rule. Each ELD
vendor developing an ELD technology
must register online at a secure FMCSA
website where the ELD provider can
securely certify that its ELD is
compliant with the functional
specifications. Each ELD vendor must
certify that each ELD model and version
has been sufficiently tested to meet the
functional requirements in the rule
E:\FR\FM\14OCN1.SGM
14OCN1
]]>Agencies
[Federal Register Volume 86, Number 196 (Thursday, October 14, 2021)]
[Notices]
[Pages 57246-57249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22285]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2021-0066]
Agency Information Collection Activities; Renewal of an Approved
Information Collection: Medical Qualification Requirements
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (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. FMCSA requests approval to renew an ICR, titled ``Medical
Qualification Requirements,'' and provides updated information for
several of the information collections discussed. This ICR is needed to
ensure that drivers, motor carriers, Medical Examiners (ME), and the
States are complying with the physical qualification requirements of
commercial motor vehicle (CMV) drivers. The information collected is
used primarily to determine and certify driver medical fitness and must
be collected in order for our highways to be safe. On May 6, 2021,
FMCSA published a 60-day notice requesting comment on the renewal of
this ICR. In response to this notice, two comments were received.
DATES: Please submit your comments by November 15, 2021. OMB must
receive your comments by this date in order to act quickly on the ICR.
ADDRESSES: Comments and recommendations for the proposed information
collection should be submitted within 30 days of publication of this
notice to www.reginfo.gov/public/do/PRAMain. Find this particular
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.
FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division, Department of Transportation, Federal Motor
Carrier Safety Administration, 6th Floor, West Building, 1200 New
Jersey Avenue SE, Washington, DC 20590-0001. Telephone: (202) 366-4001.
Email Address: [email protected]. Office hours are from 9:00 a.m. to
5:00 p.m., ET, Monday through Friday, except Federal Holidays.
SUPPLEMENTARY INFORMATION:
Title: Medical Qualification Requirements.
OMB Control Number: 2126-0006.
Type of Request: Renewal of a currently approved information
collection.
Respondents: CMV drivers, motor carriers, Medical Examiners,
testing centers, treating clinicians.
Estimated Number of Respondents: 6,225,262.
Expiration Date: November 30, 2021.
Estimated Total Annual Burden: 2,707,479 hours.
This information collection is comprised of the following six
information collection activities.
Physical Qualification Standards: 2,144,680 annual burden hours;
5,444,680 annual respondents.
Resolution of Medical Conflict: 11 annual burden hours; 3 annual
respondents.
Medical Exemptions: 2,529 annual burden hours; 4,749 annual
respondents.
[[Page 57247]]
SPE Certificate Program: 2,808 annual burden hours; 2,567 annual
respondents.
National Registry of Certified Medical Examiners: 556,797 annual
burden hours; 768,357 annual respondents.
Qualification of Drivers; Diabetes Standard: 654 annual burden
hours; 4,906 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 physical qualification
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
physical qualification regulations relating to this information
collection are found in the Federal Motor Carrier Safety Regulations
(FMCSRs) at 49 CFR parts 390-399.
Below is a brief description of the included information collection
activities and how the information is used.
Physical Qualification Standards
The FMCSRs at 49 CFR 391.41 set forth the physical qualification
standards 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 applicable to all
drivers subject to part 391 are found at 49 CFR 391.43, which specifies
that a physical qualification examination be performed on CMV drivers
subject to part 391 who operate in interstate commerce. The results of
examinations must be recorded on the Medical Examination Report (MER)
Form, MCSA-5875. If the ME finds a driver is physically qualified to
operate a CMV in accordance with 49 CFR 391.41, the ME must complete
and furnish to the driver a Medical Examiner's Certificate (MEC), Form
MCSA-5876. The provisions of 49 CFR 391.51 require that a motor carrier
retain the MEC or, for CDL drivers, the Commercial Driver's License
Information System (CDLIS) motor vehicle record, if it contains medical
certification status, in the driver's qualification (DQ) file for 3
years. The MEC and CDLIS motor vehicle record affirm that the driver is
physically qualified to operate a CMV in interstate commerce. With
respect to drivers transporting migrant workers, 49 CFR 398.3 requires
a motor carrier to retain in its files a copy of a doctor's certificate
that affirms the driver has been examined in accordance with that
section and determined to be physically qualified to operate a CMV.
Due to the potential for the onset of new conditions or changes in
existing conditions that may adversely affect a driver's ability to
safely operate a CMV and cause a risk to public safety, FMCSA requires
drivers to be medically certified at least every 2 years. However,
drivers with certain medical conditions must be certified more
frequently than every 2 years. 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.
MEs are required to maintain records of the CMV driver physical
qualification examinations they conduct. FMCSA does not require MEs to
maintain these records electronically. However, there is nothing to
preclude an ME from maintaining electronic records of the medical
examinations the ME 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, MER Forms, and MECs would
compromise FMCSA's ability to determine ME compliance with FMCSA's
requirements for performing CMV driver physical qualification
examinations. This could result in MEs being listed on FMCSA's National
Registry of Certified Medical Examiners (National Registry) who should
be removed and possibly drivers who do not 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
If two MEs disagree about the medical certification of a driver,
the medical conflict provision provides a mechanism for drivers and
motor carriers to request that FMCSA resolve the conflicting medical
evaluations when either party does not accept the decision of a medical
specialist. 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 choose to submit the information using fax or
email. FMCSA uses the information collected from the applicant,
including medical information, to determine if the driver should 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 the Skill Performance Evaluation (SPE)
Certificate Program
FMCSA may, on a case-by-case basis, grant a medical exemption from
a physical qualification standard set forth in 49 CFR 391.41. To do so,
the Agency must determine the exemption 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. 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. Section 381.300
establishes the procedures that persons must follow to request
exemptions from the FMCSRs. The Agency requires all medical exemptions
to be renewed every 2 years to ensure that the granting of the
exemption does not diminish safety. Exemption holders are required to
submit annual medical information for review to ensure the driver
continues to meet the criteria for an exemption.
Individuals with loss or impairment of limbs are permitted to
operate a CMV if they are otherwise physically qualified and are issued
an SPE certificate by FMCSA. The SPE certificate must be renewed every
2 years by submitting a renewal application.
The application process for medical exemptions and SPE certificates
provides for electronic collection of the application information by
FMCSA for those applicants who choose to submit
[[Page 57248]]
the information electronically. They may fax or scan and email
documents to FMCSA. The Vision Exemption Program 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 a medical
exemption or an SPE certificate. In the interest of highway safety, the
medical examination, medical exemption renewal, and SPE certificate
renewal should not be performed less frequently.
The National Registry of Certified Medical Examiners
The National Registry of Certified Medical Examiners final rule (77
FR 24104, Apr. 20, 2012) requires MEs who conduct physical
qualification examinations for interstate CMV drivers to complete
training concerning FMCSA's 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 with the
National Registry and begin the certification process. This data is
used to provide the public with contact information for those
healthcare professionals who are certified by FMCSA to conduct
interstate CMV driver physical qualification examinations. Less
frequent collection of ME candidate identity and eligibility
information and test results could mean there are fewer MEs available
to perform physical qualification examinations and to meet the needs of
the CMV driver and motor carrier population. This could place a burden
on drivers and motor carriers. Therefore, less frequent collection of
ME candidate identity and eligibility information and test results is
not an option.
MEs are required to transmit to FMCSA via the National Registry
results of any CMV driver physical qualification examinations completed
by midnight (local time) of the next calendar day following the
examination. The reporting of results includes all CMV drivers (CDL/CLP
and non-CDL/CLP) who are required to be medically certified to operate
in interstate commerce and allows, but does not require, MEs to
transmit any information about examinations performed in accordance
with the FMCSRs with any applicable State variances, which will be
valid for intrastate operations only. Less frequent collection of
driver data would compromise FMCSA's ability to determine ME compliance
with FMCSA requirements for performing CMV driver physical
qualification examinations. This could result in MEs being listed on
the National Registry who should be removed and possibly drivers who do
not 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.
The National Registry final rule 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 could mean drivers may
not have been examined by an ME listed on the National Registry and may
not meet the physical qualifications standards of the FMCSRs.
As a follow-on rule to the National Registry final rule, the
Medical Examiner's Certification Integration final rule (80 FR 22790,
Apr. 23, 2015), modified several of the requirements adopted in the
National Registry final rule, some of which had 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 approached, FMCSA concluded that the information
technology infrastructure necessary to implement the portions of the
final rule that required the electronic transmission of data would not
be available on June 22, 2018. Accordingly, on June 21, 2018, FMCSA
published a notice extending the compliance date for several of the
provisions in the Medical Examiner's Certification Integration final
rule to June 22, 2021 (83 FR 28774).
As the June 22, 2021 compliance date approached, FMCSA again
concluded that additional time was needed for FMCSA to complete certain
information technology system development tasks for its National
Registry and to provide the SDLAs sufficient time to make the necessary
information technology programming changes after the new National
Registry system is available. Accordingly, on June 22, 2021, FMCSA
amended its regulations to extend the compliance date from June 22,
2021, to June 23, 2025, for several provisions of its Medical
Examiner's Certification Integration final rule (86 FR 32643). Since
the compliance date for these provisions will be extended until June
23, 2025, the annual burden hours and costs are not covered as part of
this ICR.
Qualifications of Drivers; Diabetes Standard
As a result of the September 19, 2018, Qualifications of Drivers;
Diabetes Standard final rule (83 FR 47486), the FMCSRs were amended to
permit drivers with a stable insulin regimen and properly controlled
insulin-treated diabetes mellitus (ITDM) to operate CMVs in interstate
commerce. An individual with ITDM can obtain an MEC from an ME for up
to a maximum of 12 months. To do so, the treating clinician, the
healthcare professional who manages, and prescribes insulin for, the
treatment of the individual's diabetes must complete the Insulin-
Treated Diabetes Mellitus Assessment Form, MCSA-5870, and attest to the
ME that the individual maintains a stable insulin regimen and proper
control of the individual's diabetes. The ME must review the form and
determine the individual meets FMCSA's ITDM standard and other physical
qualification standards. The information collection is necessary to
ensure drivers meet these standards. FMCSA allows treating clinicians
and drivers to provide the form to MEs, if they choose to do so, using
electronic communication such as fax or email.
Comments to the 60-Day Notice
On May 6, 2021, FMCSA published a 60-day notice (86 FR 24433)
requesting comment on the renewal of this ICR. In response to the
notice, comments were received from the National School Transportation
Association (NSTA) and the U.S. Equal Employment Opportunity Commission
(EEOC). NSTA commented that it was in support of the renewal of this
information collection. The EEOC suggested that FMCSA consider revising
the requests for medical information on the MER Form to focus on
medical conditions and medications that may interfere, are likely to
interfere, or do interfere with
[[Page 57249]]
individuals' ability to control, drive, or otherwise operate a CMV
safely. It also suggested that that FMCSA consider narrowing the length
of time that certain medical issues must be reported. In addition, it
provided other comments regarding information on FMCSA's website that
were not related to information collection activities or the renewal of
this ICR. Those comments will be considered by FMCSA outside of this
ICR renewal process.
Regarding the EEOC's suggestions for the MER Form, the information
collected in the driver health history section of the MER Form is
relevant and necessary to obtain a full health history from the driver.
The information obtained facilitates the completion of a thorough
examination by the ME. An ME needs all pertinent information to make an
appropriate assessment of whether the driver meets the physical
qualifications standards. FMCSA emphasizes that the driver health
history questions are linked to the physical qualification standards
set out in 49 CFR 391.41(b). Most of the standards are worded broadly
because many medical conditions may interfere with an individual's
ability to operate a CMV safely. Therefore, it is not in the interest
of safety for FMCSA to provide less information to the ME.
Public Comments Invited: You are asked to comment on any aspect of
this information collection, including: (1) Whether the proposed
collection is necessary for FMCSA to perform its 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.
Issued under the authority delegated in 49 CFR 1.87.
Thomas P. Keane,
Associate Administrator, Office of Research and Registration.
[FR Doc. 2021-22285 Filed 10-13-21; 8:45 am]
BILLING CODE 4910-EX-P
