Qualifications of Drivers: Medical Examiner's Handbook and Medical Advisory Criteria Proposed Regulatory Guidance, 50282-50284 [2022-17592]
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50282
Federal Register / Vol. 87, No. 157 / Tuesday, August 16, 2022 / Proposed Rules
source to a level below the applicable
emission thresholds.’’
Subsection NR 428.21(3), ‘‘Other
Regulated Units,’’ provides an
exemption for certain NOX emission
units. WDNR amended NR 428.21(3), to
ensure that the existing 75 tpy
exemption threshold continues to apply
in areas with a 100 tpy major source
emission threshold, by adding
subsections NR 428.21(3)(b) and (c). The
changes clarify that the exemption
applies—if the emissions unit is located
in a facility subject to the applicability
thresholds specified under section NR
428.20 (1)(a)1, 2(a), or 3(a), and if the
emission unit is subject to and meeting
an emission limitation in Wisconsin’s
SIP under section NR 428.04(2) or NR
428.05(3).
Last, WDNR updated NR 428 to create
a section that describes the compliance
schedule for a facility that has NOX
emission units affected by the updated
NOX RACT thresholds in NR 428.20, by
adding subsection NR 428.255 to
include information on compliance
schedules. The changes to NR 428 will
only have the potential to impact
sources whose emissions exceed the
NOX RACT major source applicability.
lotter on DSK11XQN23PROD with PROPOSALS1
III. What is EPA’s analysis of the
revisions?
CAA Section 110(l) prohibits EPA
from approving a SIP revision if that
revision would interfere with any
applicable requirement concerning
attainment, reasonable further progress,
or any other CAA requirement. EPA
concurs with WDNR’s 110(l) analysis
that the revision to Wisconsin’s rules
does not interfere with any applicable
requirement concerning attainment or
any other applicable requirement of the
CAA. The revisions to rules NR 404, NR
407, NR 408, NR 428, and NR 484 have
no impact on emissions, ensures
implementation of the ozone NAAQS in
areas designated nonattainment and are
consistent with the requirements of the
CAA.
IV. What action is EPA taking?
EPA is proposing to approve revisions
to chapters NR 404, 407, 408, 428, and
484, as submitted on April 8, 2022, into
the Wisconsin SIP. The revision to
chapters NR 404 and 484 update
Wisconsin’s ambient air quality rule to
incorporate the 2015 ozone NAAQS and
the incorporation by reference rule with
the monitoring requirements related to
the NAAQS make Wisconsin’s rules
consistent with the Federal regulations.
Additionally, the clarifications and
updates to sections of chapters NR 407,
408 and 428, ensure implementation of
the ozone NAAQS in areas designated
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16:29 Aug 15, 2022
Jkt 256001
nonattainment and are consistent with
the CAA.
V. Incorporation by Reference
In this proposed rule, EPA is
proposing to include in a final EPA rule
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is proposing to incorporate by
reference revisions to Wisconsin
Administrative Code rules NR 404, NR
407, NR 408, NR 428, and NR 484 as
published in the Wisconsin Register
#794 on February 28, 2022, effective
March 1, 2022, discussed in section II of
this preamble. EPA has made, and will
continue to make, these documents
generally available through
www.regulations.gov and at the EPA
Region 5 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
VI. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
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• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the proposed rule does
not have tribal implications and will not
impose substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements.
Dated: August 9, 2022.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2022–17517 Filed 8–15–22; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Part 391
[Docket No. FMCSA–2022–0111]
Qualifications of Drivers: Medical
Examiner’s Handbook and Medical
Advisory Criteria Proposed Regulatory
Guidance
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of proposed regulatory
guidance; request for comments.
AGENCY:
FMCSA announces the
availability of the draft Medical
Examiner’s Handbook (MEH), which
includes updates to the Medical
Advisory Criteria published in the Code
of Federal Regulations (CFR), and
requests comments on the proposed
SUMMARY:
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Federal Register / Vol. 87, No. 157 / Tuesday, August 16, 2022 / Proposed Rules
regulatory guidance. The MEH and
Medical Advisory Criteria provide
information about regulatory
requirements and guidance to medical
examiners (ME) listed on FMCSA’s
National Registry of Certified Medical
Examiners (National Registry) who
perform physical qualification
examinations of interstate commercial
motor vehicle (CMV) drivers. The draft
MEH with proposed changes to the
Medical Advisory Criteria is available in
Docket Number FMCSA–2022–0111.
DATES: Comments must be received on
or before September 30, 2022.
ADDRESSES: You may submit comments
identified by Docket Number FMCSA–
2022–0111 using any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov/docket/
FMCSA-2022-0111/document. Follow
the online instructions for submitting
comments.
• Mail: Dockets 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: Dockets
Operations, 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.,
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.
• Fax: (202) 493–2251.
FOR FURTHER INFORMATION CONTACT: Ms.
Christine A. Hydock, Chief, Medical
Programs Division, FMCSA, 1200 New
Jersey Avenue SE, Washington, DC
20590, (202) 366–4001,
FMCSAMedical@dot.gov. If you have
questions on viewing or submitting
material to the docket, call Dockets
Operations at (202) 366–9826.
SUPPLEMENTARY INFORMATION:
number in the body of your document
so FMCSA can contact you if there are
questions regarding your submission.
To submit your comment online, go to
https://www.regulations.gov/docket/
FMCSA-2022-0111/document, click on
this request for comments, click
‘‘Comment,’’ and type your comment
into the text box on the following
screen.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the facility,
please enclose a stamped, self-addressed
postcard or envelope.
I. Public Participation and Request for
Comments
II. Background
FMCSA’s mission is to reduce
crashes, injuries, and fatalities involving
large trucks and buses. FMCSA is
authorized by statute to establish
minimum physical qualification
standards for drivers of CMVs operating
in interstate commerce.
The determination by MEs on the
National Registry of a driver’s physical
qualification is a critical element of
FMCSA’s safety program to ensure the
physical condition of CMV drivers is
adequate to enable them to operate the
vehicles safely. First posted on
FMCSA’s website in 2008, the MEH
lotter on DSK11XQN23PROD with PROPOSALS1
A. Submitting Comments
If you submit a comment, please
include the docket number (FMCSA–
2022–0111), indicate the specific page
and section of the MEH to which your
comment applies, and provide a reason
for each suggestion or recommendation.
You may submit your comments and
material online or by fax, mail, or hand
delivery, but please use only one of
these means. FMCSA recommends that
you include your name and a mailing
address, an email address, or a phone
VerDate Sep<11>2014
16:29 Aug 15, 2022
Jkt 256001
B. Viewing Comments and Documents
To view any documents mentioned as
being available in the docket, go to
https://www.regulations.gov/docket/
FMCSA-2022-0111/document and
choose the document to review. To view
comments, click this request for
comments, and click ‘‘Browse
Comments.’’ 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.,
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.
C. Privacy Act
DOT solicits comments from the
public to better inform its guidance
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—Federal Docket Management
System (FDMS), which can be reviewed
at www.transportation.gov/privacy.
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Frm 00008
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50283
provided guidance to MEs on the
physical qualification standards in the
Federal Motor Carrier Safety
Regulations (FMCSRs) and the conduct
of the physical qualification
examination. FMCSA has also issued
guidance for MEs in the form of Medical
Advisory Criteria, now published at 49
CFR part 391, Appendix A.
In 2015, FMCSA withdrew the MEH
because some of the information was
obsolete or was prescriptive in nature.
MEs and training organizations were
informed that the MEH was no longer in
use and that they should not consider
the MEH as Agency guidance.
The FMCSRs, in 49 CFR 391.41
through 391.49, provide the basic driver
physical qualification standards for
interstate CMV operators. MEs currently
make physical qualification
determinations on a case-by-case basis
and may consider guidance to assist
with making those determinations.
The goal of the updated MEH and
related Medical Advisory Criteria is to
provide information about regulatory
requirements and guidance for MEs to
consider when making physical
qualification determinations in
conjunction with established best
medical practices. The revised Medical
Advisory Criteria, in addition to being
included in the MEH, would also be
published in Appendix A to 49 CFR part
391. The final version of the criteria
would be identical in both publications.
FMCSA is proposing to update both the
MEH and Medical Advisory Criteria and
seeks public comment on these
documents.
III. MRB Task Statement 17–1
The Medical Review Board (MRB)
was established to provide FMCSA with
medical advice and recommendations
on medical standards and guidelines for
the physical qualifications of CMV
operators, ME education, and medical
research (49 U.S.C. 31149(a)(1)). The
MRB, in view of its statutory creation
and advisory function, is chartered by
DOT as an advisory committee under
the provisions of the Federal Advisory
Committee Act (5 U.S.C. App.). See also
Announcement of Establishment of the
Federal Motor Carrier Safety
Administration Medical Review Board
(70 FR 57642; Oct. 3, 2005). The
members of the MRB are appointed by
the Secretary to reflect expertise in a
variety of medical specialties relevant to
the driver fitness requirements of
FMCSA (49 U.S.C. 31149(a)(2)).
To assist in the development of the
MEH, FMCSA, in collaboration with its
Chief Medical Officer, requested advice
from the MRB for the Agency to
consider via MRB Task Statement 17–1.
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50284
Federal Register / Vol. 87, No. 157 / Tuesday, August 16, 2022 / Proposed Rules
lotter on DSK11XQN23PROD with PROPOSALS1
Specifically, FMCSA asked the MRB to
review and provide recommendations
for streamlining the MEH. This included
removing non-regulatory directive
language and updating and removing
obsolete information. The MRB held
public meetings, in part, to discuss the
development of the new MEH and
Medical Advisory Criteria and to review
drafts of the MEH. Details of the
meetings, including MRB Task
Statement 17–1, are posted on the
Agency’s public website at https://
www.fmcsa.dot.gov/medical-reviewboard-mrb-meeting-topics.
VerDate Sep<11>2014
16:29 Aug 15, 2022
Jkt 256001
V. Comments Requested
Comments are requested on the draft
of the proposed MEH, including the
revised Medical Advisory Criteria. To
the extent possible, comments should
identify the page number and section
number of the MEH to which the
comments apply. Please submit
comments only, not redlined or heavily
annotated copies of the entire MEH.
FMCSA will consider comments
received by the closing date of the
comment period.
America’s Surface Transportation Act,
Public Law 114–94, 129 Stat. 1312, 1535
(49 U.S.C. 113 note) (Dec. 4, 2015), the
regulatory guidance would be posted in
the guidance portal on FMCSA’s
website at https://www.fmcsa.dot.gov/
guidance. The Agency would then
review it no later than 5 years after it is
published. It would consider at that
time whether the guidance should be
withdrawn, reissued for another period
up to 5 years, or incorporated into the
regulations.
VI. Publication of the Regulatory
Guidance
In accordance with section
5203(a)(2)(A) and (a)(3) of the Fixing
Robin Hutcheson,
Deputy Administrator.
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[FR Doc. 2022–17592 Filed 8–15–22; 8:45 am]
BILLING CODE 4910–EX–P
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]]>Agencies
[Federal Register Volume 87, Number 157 (Tuesday, August 16, 2022)]
[Proposed Rules]
[Pages 50282-50284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17592]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 391
[Docket No. FMCSA-2022-0111]
Qualifications of Drivers: Medical Examiner's Handbook and
Medical Advisory Criteria Proposed Regulatory Guidance
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of proposed regulatory guidance; request for comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces the availability of the draft Medical
Examiner's Handbook (MEH), which includes updates to the Medical
Advisory Criteria published in the Code of Federal Regulations (CFR),
and requests comments on the proposed
[[Page 50283]]
regulatory guidance. The MEH and Medical Advisory Criteria provide
information about regulatory requirements and guidance to medical
examiners (ME) listed on FMCSA's National Registry of Certified Medical
Examiners (National Registry) who perform physical qualification
examinations of interstate commercial motor vehicle (CMV) drivers. The
draft MEH with proposed changes to the Medical Advisory Criteria is
available in Docket Number FMCSA-2022-0111.
DATES: Comments must be received on or before September 30, 2022.
ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2022-0111 using any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov/docket/FMCSA-2022-0111/document. Follow the online
instructions for submitting comments.
Mail: Dockets 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: Dockets Operations, 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., 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.
Fax: (202) 493-2251.
FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division, FMCSA, 1200 New Jersey Avenue SE,
Washington, DC 20590, (202) 366-4001, [email protected]. If you have
questions on viewing or submitting material to the docket, call Dockets
Operations at (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for Comments
A. Submitting Comments
If you submit a comment, please include the docket number (FMCSA-
2022-0111), indicate the specific page and section of the MEH to which
your comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online or by
fax, mail, or hand delivery, but please use only one of these means.
FMCSA recommends that you include your name and a mailing address, an
email address, or a phone number in the body of your document so FMCSA
can contact you if there are questions regarding your submission.
To submit your comment online, go to https://www.regulations.gov/docket/FMCSA-2022-0111/document, click on this request for comments,
click ``Comment,'' and type your comment into the text box on the
following screen.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
B. Viewing Comments and Documents
To view any documents mentioned as being available in the docket,
go to https://www.regulations.gov/docket/FMCSA-2022-0111/document and
choose the document to review. To view comments, click this request for
comments, and click ``Browse Comments.'' 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., 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.
C. Privacy Act
DOT solicits comments from the public to better inform its guidance
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--Federal Docket
Management System (FDMS), which can be reviewed at
www.transportation.gov/privacy.
II. Background
FMCSA's mission is to reduce crashes, injuries, and fatalities
involving large trucks and buses. FMCSA is authorized by statute to
establish minimum physical qualification standards for drivers of CMVs
operating in interstate commerce.
The determination by MEs on the National Registry of a driver's
physical qualification is a critical element of FMCSA's safety program
to ensure the physical condition of CMV drivers is adequate to enable
them to operate the vehicles safely. First posted on FMCSA's website in
2008, the MEH provided guidance to MEs on the physical qualification
standards in the Federal Motor Carrier Safety Regulations (FMCSRs) and
the conduct of the physical qualification examination. FMCSA has also
issued guidance for MEs in the form of Medical Advisory Criteria, now
published at 49 CFR part 391, Appendix A.
In 2015, FMCSA withdrew the MEH because some of the information was
obsolete or was prescriptive in nature. MEs and training organizations
were informed that the MEH was no longer in use and that they should
not consider the MEH as Agency guidance.
The FMCSRs, in 49 CFR 391.41 through 391.49, provide the basic
driver physical qualification standards for interstate CMV operators.
MEs currently make physical qualification determinations on a case-by-
case basis and may consider guidance to assist with making those
determinations.
The goal of the updated MEH and related Medical Advisory Criteria
is to provide information about regulatory requirements and guidance
for MEs to consider when making physical qualification determinations
in conjunction with established best medical practices. The revised
Medical Advisory Criteria, in addition to being included in the MEH,
would also be published in Appendix A to 49 CFR part 391. The final
version of the criteria would be identical in both publications. FMCSA
is proposing to update both the MEH and Medical Advisory Criteria and
seeks public comment on these documents.
III. MRB Task Statement 17-1
The Medical Review Board (MRB) was established to provide FMCSA
with medical advice and recommendations on medical standards and
guidelines for the physical qualifications of CMV operators, ME
education, and medical research (49 U.S.C. 31149(a)(1)). The MRB, in
view of its statutory creation and advisory function, is chartered by
DOT as an advisory committee under the provisions of the Federal
Advisory Committee Act (5 U.S.C. App.). See also Announcement of
Establishment of the Federal Motor Carrier Safety Administration
Medical Review Board (70 FR 57642; Oct. 3, 2005). The members of the
MRB are appointed by the Secretary to reflect expertise in a variety of
medical specialties relevant to the driver fitness requirements of
FMCSA (49 U.S.C. 31149(a)(2)).
To assist in the development of the MEH, FMCSA, in collaboration
with its Chief Medical Officer, requested advice from the MRB for the
Agency to consider via MRB Task Statement 17-1.
[[Page 50284]]
Specifically, FMCSA asked the MRB to review and provide recommendations
for streamlining the MEH. This included removing non-regulatory
directive language and updating and removing obsolete information. The
MRB held public meetings, in part, to discuss the development of the
new MEH and Medical Advisory Criteria and to review drafts of the MEH.
Details of the meetings, including MRB Task Statement 17-1, are posted
on the Agency's public website at https://www.fmcsa.dot.gov/medical-review-board-mrb-meeting-topics.
V. Comments Requested
Comments are requested on the draft of the proposed MEH, including
the revised Medical Advisory Criteria. To the extent possible, comments
should identify the page number and section number of the MEH to which
the comments apply. Please submit comments only, not redlined or
heavily annotated copies of the entire MEH. FMCSA will consider
comments received by the closing date of the comment period.
VI. Publication 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 (49 U.S.C. 113 note) (Dec. 4, 2015), the regulatory guidance
would be posted in the guidance portal on FMCSA's website at https://www.fmcsa.dot.gov/guidance. The Agency would then review it no later
than 5 years after it is published. It would consider at that time
whether the guidance should be withdrawn, reissued for another period
up to 5 years, or incorporated into the regulations.
Robin Hutcheson,
Deputy Administrator.
[FR Doc. 2022-17592 Filed 8-15-22; 8:45 am]
BILLING CODE 4910-EX-P
