Accident Reporting: Change to Regulatory Guidance Concerning the Use of the Term “Medical Treatment”, 10895-10896 [2022-03997]

Download as PDF Federal Register / Vol. 87, No. 38 / Friday, February 25, 2022 / Notices Issued in Des Plaines, IL, February 22, 2022. Debra L. Bartell, Manager, Chicago Airports District Office. I. Background [FR Doc. 2022–04035 Filed 2–24–22; 8:45 am] BILLING CODE P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2021–0139] Accident Reporting: Change to Regulatory Guidance Concerning the Use of the Term ‘‘Medical Treatment’’ Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice of revised regulatory guidance. AGENCY: FMCSA announces a revision to its regulatory guidance concerning the use of the term ‘‘medical treatment’’ for the purpose of accident reporting. The revised guidance explains that an x-ray examination is a diagnostic procedure and should no longer be considered ‘‘medical treatment’’ in determining whether a crash should be included on a motor carrier’s accident register. DATES: This revised guidance is applicable on February 25, 2022 and expires February 25, 2027. FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, Driver and Carrier Operations Division, FMCSA, (202) 366–2722, richard.clemente@dot.gov. If you have questions about viewing or submitting material to the docket, contact Dockets Operations at (202) 366–9826. SUPPLEMENTARY INFORMATION: lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: A. Viewing Documents To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov and insert the docket number (FMCSA–2021–0139) in the ‘‘Keyword’’ box and click ‘‘Search.’’ Next, click ‘‘Open Docket Folder’’ button and choose the document listed to review. If you do not have access to the internet, you may view the docket online by visiting Dockets Operations in Room W12–140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590–0001, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. To be sure someone is there to help you, please call (202) 366– 9317 or (202) 366–9826 before visiting Dockets Operations. VerDate Sep<11>2014 16:44 Feb 24, 2022 Jkt 256001 The Federal Motor Carrier Safety Regulations define Accident as an occurrence involving a commercial motor vehicle (CMV) operating on a highway in interstate or intrastate commerce which results in: (1) A fatality, (2) bodily injury to a person who, as a result of the injury, receives medical treatment away from the scene of the accident, or (3) one or more motor vehicles being towed from the scene (49 CFR 390.5T). Regulatory guidance in Question 27 for 49 CFR 390.5 and 390.5T currently considers an x-ray examination and other imaging, such as computed tomography, as medical treatment and reads as follows: Question 27: A person is transported to a hospital from the scene of a commercial motor vehicle traffic accident. In one situation, the person undergoes observation or a ‘‘checkup.[’’] Is this considered ‘‘medical treatment,’’ making the CMV occurrence an ‘‘accident’’ for purposes of the Federal Motor Carrier Safety Regulations? In another situation, the person undergoes x-ray examination or is given a prescription, but is released from the facility without being admitted as an inpatient. Is the x-ray or prescription considered ‘‘medical treatment,’’ making the CMV occurrence [an] ‘‘accident’’ for purposes of the Federal Motor Carrier Safety Regulations? Guidance: In the first situation, no. A person who does not receive treatment for diagnosed injuries or other medical intervention directly related to the accident, has not received ‘‘medical treatment’’ as that term is used in § 390.5T. In the second situation, yes. A person who undergoes x-ray examination (or other imaging, such as computed tomography or CT), or is given prescription medication (or the prescription itself), has received ‘‘medical treatment.’’ In accordance with 49 CFR 390.15(b), motor carriers are required to maintain an accident register for 3 years after the date of each ‘‘accident.’’ A motor carrier’s Crash Indicator Behavior Analysis and Safety Improvement Category (BASIC) score illustrates a historical pattern of crash involvement, including frequency and severity. The Crash Indicator BASIC score is based on information from State-reported crashes that meet reportable crash standards. A petition was submitted to FMCSA requesting a revision to Question 27, stating that an x-ray is a diagnostic test that may find no injury and should not be considered a form of medical treatment. The petitioner suggested that the Agency mirror the Occupational Safety and Health Administration’s definition of medical treatment that excludes diagnostic procedures, such as PO 00000 Frm 00132 Fmt 4703 Sfmt 4703 10895 x-rays and blood tests. FMCSA agrees with the revision. II. Revised Guidance FMCSA clarifies when a person is considered to have received medical treatment after an accident. FMCSA revises Question 27 under 49 CFR 390.5 and 390.5T, which is available at https://www.fmcsa.dot.gov/regulations/ person-transported-hospital-scenecommercial-motor-vehicle-trafficaccident-one, as indicated below.1 This guidance lacks the force and effect of law, except as incorporated into a contract, and is not meant to bind the public in any way. This guidance document is intended only to provide clarity to the public regarding existing requirements under the law or Agency policies. Question 27: A person is transported to a hospital from the scene of a commercial motor vehicle traffic accident. In one situation, the person undergoes observation or a checkup. Is this considered ‘‘medical treatment,’’ making the CMV occurrence an ‘‘accident’’ for purposes of the Federal Motor Carrier Safety Regulations? In another situation, the person undergoes x-ray examination or is given a prescription but is released from the facility without being admitted as an inpatient. Is the x-ray or prescription considered ‘‘medical treatment,’’ making the CMV occurrence an ‘‘accident’’ for purposes of the FMCSRs? Guidance: In the first situation, no. A person who does not receive treatment for diagnosed injuries or other medical intervention directly related to the accident, has not received ‘‘medical treatment’’ as that term is used in 49 CFR 390.5 or 390.5T. In the second situation, a person who undergoes an x-ray examination (or other imaging, such as computed tomography or CT) has not received ‘‘medical treatment.’’ The x-ray examination is a diagnostic procedure but is not considered ‘‘medical treatment.’’ However, a person who is given prescription medication (or the prescription itself) has received ‘‘medical treatment.’’ IV. Review of the Regulatory Guidance In accordance with section 5203(a)(2)(A) and (a)(3) of the Fixing America’s Surface Transportation Act, Public Law 114–94, 129 Stat. 1312, 1535 (Dec. 4, 2015), the revised regulatory guidance will be posted in the guidance portal on FMCSA’s website, https:// www.fmcsa.dot.gov/guidance. The Agency will review it no later than 5 years after it is published and consider at that time whether the guidance should be withdrawn, reissued for 1 The revised guidance applies to both 49 CFR 390.5 and the temporary regulations in 49 CFR 390.5T that are currently in effect. See Unified Registration System; Suspension of Effectiveness, 82 FR 5292, 5310 (Jan. 17, 2017), as amended, 83 FR 22865, 22877 (May 17, 2018). E:\FR\FM\25FEN1.SGM 25FEN1 10896 Federal Register / Vol. 87, No. 38 / Friday, February 25, 2022 / Notices another period up to 5 years, or incorporated into the Federal Motor Carrier Safety Regulations. Robin Hutcheson, Acting Administrator. [FR Doc. 2022–03997 Filed 2–24–22; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF THE TREASURY Agency Information Collection Activities; Submission for OMB Review; Comment Request; Coronavirus State and Local Fiscal Recovery Funds Program Departmental Offices, Department of the Treasury. ACTION: Notice. AGENCY: The Department of the Treasury will submit the following information collection requests to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995, on or after the date of publication of this notice. The public is invited to submit comments on these requests. DATES: Comments must be received on or before March 28, 2022. ADDRESSES: Written comments and recommendations for the proposed information collection should be sent 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: Copies of the submissions may be obtained from Molly Stasko by emailing PRA@treasury.gov, calling (202) 622– 8922, or viewing the entire information collection request at www.reginfo.gov. SUPPLEMENTARY INFORMATION: Title: Coronavirus State and Local Fiscal Recovery Funds. OMB Control Number: 1505–0271. Type of Review: Extension of a currently approved collection. Description: Sections 602 and 603 of the Social Security Act (the ‘‘Act’’), as added by section 9901 of the American Rescue Plan Act of 2021, Public Law 117–2 (Mar. 11, 2021) authorized the Coronavirus State Fiscal Recovery Fund (‘‘CSFRF’’) and Coronavirus Local Fiscal Recovery Fund (‘‘CLFRF’’) respectively (referred to as the ‘‘Coronavirus State and Local Fiscal Recovery Funds’’ or ‘‘SLFRF’’). The Coronavirus State and Local Fiscal Recovery Funds provide $350 billion in total funding for the lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 16:44 Feb 24, 2022 Jkt 256001 Department of the Treasury (‘‘Treasury’’) to make payments to States (defined to include the District of Columbia), U.S. Territories (defined to include Puerto Rico, U.S. Virgin Islands, Guam, Northern Mariana Islands, and American Samoa), Tribes, Metropolitan cities, Counties, Consolidated Governments, and (through States) Nonentitlement units of local government (collectively the ‘‘eligible entities’’) to (1) respond to the COVID–19 public health emergency or its negative economic impacts, including providing assistance to households, small business, nonprofits, and impacted industries, such as tourism, travel, and hospitality; (2) respond to workers performing essential work during the COVID–19 pandemic by providing premium pay to eligible workers of the State, U.S. Territory, Tribal government, Metropolitan city, County, or Nonentitlement units of local government who are performing essential work or by providing grants to eligible employers that have eligible workers; (3) provide of government services, to the extent COVID–19 caused a reduction of revenues collected in the most recent full fiscal year of the State, U.S. Territory, Tribal government, Metropolitan city, County, or Nonentitlement units of local government; or (4) make necessary investments in water, sewer, or broadband infrastructure. Forms: Award and Payment Forms and associated forms; Annual Recovery Performance Plan and Distribution Templates; Project and Expenditure Reports; and Compliance Reports. Affected Public: State, Territorial, Tribal, and certain Local Governments. Estimated Number of Respondents: 71,370. Frequency of Response: Once, Monthly, Quarterly, Annually. Estimated Total Number of Annual Responses: 77,480. Estimated Time per Response: 15 minutes to 1 hour for award and payment forms, 5 hours to 100 hours for performance plans and reporting requirements. Estimated Total Annual Burden Hours: 267,734. Authority: 44 U.S.C. 3501 et seq. Molly Stasko, Treasury PRA Clearance Officer. [FR Doc. 2022–04045 Filed 2–24–22; 8:45 am] BILLING CODE 4810–AK–P PO 00000 Frm 00133 Fmt 4703 Sfmt 4703 DEPARTMENT OF THE TREASURY Agency Information Collection Activities; Submission for OMB Review; Comment Request; Multiple Internal Revenue Service Information Collection Requests Departmental Offices, U.S. Department of the Treasury. ACTION: Notice. AGENCY: The Department of the Treasury will submit the following information collection requests to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995, on or after the date of publication of this notice. The public is invited to submit comments on these requests. DATES: Comments must be received on or before March 28, 2022. ADDRESSES: Written comments and recommendations for the proposed information collection should be sent 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: Copies of the submissions may be obtained from Molly Stasko by emailing PRA@treasury.gov, calling (202) 622– 8922, or viewing the entire information collection request at www.reginfo.gov. SUPPLEMENTARY INFORMATION: SUMMARY: Internal Revenue Service (IRS) 1. Title: SS–4, Application for Employer Identification Number, and Form SS–4PR, Solicitud de Numero de Identification Patronal (EIN). OMB Control Number: 1545–0003. Type of Review: Extension of a currently approved collection. Description: Taxpayers who are required to have an identification number for use on any return, statement, or other document must prepare and file Form SS–4 or Form SS– 4PR (Puerto Rico only) to obtain a number. The information is used by the Internal Revenue Service and the Social Security Administration in tax administration and by the Bureau of the Census for business statistics. Form Number: Forms SS–4 and SS– 4PR. Affected Public: Business or other forprofit organizations, individuals or households, not-for-profit institutions, farms, federal government, and state, local or tribal governments. E:\FR\FM\25FEN1.SGM 25FEN1

Agencies

[Federal Register Volume 87, Number 38 (Friday, February 25, 2022)]
[Notices]
[Pages 10895-10896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03997]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2021-0139]


Accident Reporting: Change to Regulatory Guidance Concerning the 
Use of the Term ``Medical Treatment''

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department 
of Transportation (DOT).

ACTION: Notice of revised regulatory guidance.

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

SUMMARY: FMCSA announces a revision to its regulatory guidance 
concerning the use of the term ``medical treatment'' for the purpose of 
accident reporting. The revised guidance explains that an x-ray 
examination is a diagnostic procedure and should no longer be 
considered ``medical treatment'' in determining whether a crash should 
be included on a motor carrier's accident register.

DATES: This revised guidance is applicable on February 25, 2022 and 
expires February 25, 2027.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, Driver and 
Carrier Operations Division, FMCSA, (202) 366-2722, 
[email protected]. If you have questions about viewing or 
submitting material to the docket, contact Dockets Operations at (202) 
366-9826.

SUPPLEMENTARY INFORMATION:

A. Viewing Documents

    To view documents mentioned in this preamble as being available in 
the docket, go to https://www.regulations.gov and insert the docket 
number (FMCSA-2021-0139) in the ``Keyword'' box and click ``Search.'' 
Next, click ``Open Docket Folder'' button and choose the document 
listed to review. If you do not have access to the internet, you may 
view the docket online by visiting Dockets Operations in Room W12-140 
on the ground floor of the DOT West Building, 1200 New Jersey Avenue 
SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., ET, Monday 
through Friday, except Federal holidays. To be sure someone is there to 
help you, please call (202) 366-9317 or (202) 366-9826 before visiting 
Dockets Operations.

I. Background

    The Federal Motor Carrier Safety Regulations define Accident as an 
occurrence involving a commercial motor vehicle (CMV) operating on a 
highway in interstate or intrastate commerce which results in: (1) A 
fatality, (2) bodily injury to a person who, as a result of the injury, 
receives medical treatment away from the scene of the accident, or (3) 
one or more motor vehicles being towed from the scene (49 CFR 390.5T). 
Regulatory guidance in Question 27 for 49 CFR 390.5 and 390.5T 
currently considers an x-ray examination and other imaging, such as 
computed tomography, as medical treatment and reads as follows:

    Question 27:
    A person is transported to a hospital from the scene of a 
commercial motor vehicle traffic accident.
    In one situation, the person undergoes observation or a 
``checkup.[''] Is this considered ``medical treatment,'' making the 
CMV occurrence an ``accident'' for purposes of the Federal Motor 
Carrier Safety Regulations?
    In another situation, the person undergoes x-ray examination or 
is given a prescription, but is released from the facility without 
being admitted as an inpatient. Is the x-ray or prescription 
considered ``medical treatment,'' making the CMV occurrence [an] 
``accident'' for purposes of the Federal Motor Carrier Safety 
Regulations?
    Guidance: In the first situation, no. A person who does not 
receive treatment for diagnosed injuries or other medical 
intervention directly related to the accident, has not received 
``medical treatment'' as that term is used in Sec.  390.5T.
    In the second situation, yes. A person who undergoes x-ray 
examination (or other imaging, such as computed tomography or CT), 
or is given prescription medication (or the prescription itself), 
has received ``medical treatment.''

    In accordance with 49 CFR 390.15(b), motor carriers are required to 
maintain an accident register for 3 years after the date of each 
``accident.'' A motor carrier's Crash Indicator Behavior Analysis and 
Safety Improvement Category (BASIC) score illustrates a historical 
pattern of crash involvement, including frequency and severity. The 
Crash Indicator BASIC score is based on information from State-reported 
crashes that meet reportable crash standards.
    A petition was submitted to FMCSA requesting a revision to Question 
27, stating that an x-ray is a diagnostic test that may find no injury 
and should not be considered a form of medical treatment. The 
petitioner suggested that the Agency mirror the Occupational Safety and 
Health Administration's definition of medical treatment that excludes 
diagnostic procedures, such as x-rays and blood tests. FMCSA agrees 
with the revision.

II. Revised Guidance

    FMCSA clarifies when a person is considered to have received 
medical treatment after an accident. FMCSA revises Question 27 under 49 
CFR 390.5 and 390.5T, which is available at https://www.fmcsa.dot.gov/regulations/person-transported-hospital-scene-commercial-motor-vehicle-traffic-accident-one, as indicated below.\1\
---------------------------------------------------------------------------

    \1\ The revised guidance applies to both 49 CFR 390.5 and the 
temporary regulations in 49 CFR 390.5T that are currently in effect. 
See Unified Registration System; Suspension of Effectiveness, 82 FR 
5292, 5310 (Jan. 17, 2017), as amended, 83 FR 22865, 22877 (May 17, 
2018).
---------------------------------------------------------------------------

    This guidance lacks the force and effect of law, except as 
incorporated into a contract, and is not meant to bind the public in 
any way. This guidance document is intended only to provide clarity to 
the public regarding existing requirements under the law or Agency 
policies.

    Question 27:
    A person is transported to a hospital from the scene of a 
commercial motor vehicle traffic accident.
    In one situation, the person undergoes observation or a checkup. 
Is this considered ``medical treatment,'' making the CMV occurrence 
an ``accident'' for purposes of the Federal Motor Carrier Safety 
Regulations?
    In another situation, the person undergoes x-ray examination or 
is given a prescription but is released from the facility without 
being admitted as an inpatient. Is the x-ray or prescription 
considered ``medical treatment,'' making the CMV occurrence an 
``accident'' for purposes of the FMCSRs?
    Guidance: In the first situation, no. A person who does not 
receive treatment for diagnosed injuries or other medical 
intervention directly related to the accident, has not received 
``medical treatment'' as that term is used in 49 CFR 390.5 or 
390.5T.
    In the second situation, a person who undergoes an x-ray 
examination (or other imaging, such as computed tomography or CT) 
has not received ``medical treatment.'' The x-ray examination is a 
diagnostic procedure but is not considered ``medical treatment.'' 
However, a person who is given prescription medication (or the 
prescription itself) has received ``medical treatment.''

IV. Review of the Regulatory Guidance

    In accordance with section 5203(a)(2)(A) and (a)(3) of the Fixing 
America's Surface Transportation Act, Public Law 114-94, 129 Stat. 
1312, 1535 (Dec. 4, 2015), the revised regulatory guidance will be 
posted in the guidance portal on FMCSA's website, https://www.fmcsa.dot.gov/guidance. The Agency will review it no later than 5 
years after it is published and consider at that time whether the 
guidance should be withdrawn, reissued for

[[Page 10896]]

another period up to 5 years, or incorporated into the Federal Motor 
Carrier Safety Regulations.

Robin Hutcheson,
Acting Administrator.
[FR Doc. 2022-03997 Filed 2-24-22; 8:45 am]
BILLING CODE 4910-EX-P
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