Agency Information Collection Activities; Renewal of an Approved Information Collection Request: Medical Qualification Requirements, 1594-1596 [2025-00122]
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1594
Federal Register / Vol. 90, No. 5 / Wednesday, January 8, 2025 / Notices
Supporting Documents,’’ (80 FR 78292)
that established minimum performance
and design standards for hours-ofservice (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
under the conditions in which the ELD
would be used.
ELD vendors must self-certify and
register their devices with FMCSA
online via Form MCSA–5893,
‘‘Electronic Logging Device (ELD)
Vendor Registration and Certification.’’
FMCSA expects all respondents to
submit their information electronically.
Once completed, FMCSA issues a
unique identification number that the
ELD vendor will embed in their
device(s). FMCSA maintains a list on its
website of the current ELD vendors and
devices that have been certified (by the
vendors) to meet the functional
specifications. The information is
necessary for fleets and drivers to easily
find a compliant ELD for their use in
meeting the FMCSA regulation
requiring the use of ELDs.
Title: Electronic Logging Device (ELD)
Vendor Registration.
OMB Control Number: 2126–0062.
Type of Request: Renewal of a
currently approved collection.
Respondents: ELD vendors.
Estimated Annual Number of
Respondents: 94.
Estimated Time per Response: 15
minutes.
Expiration Date: July 31, 2025.
Frequency of Response: On occasion.
Estimated Total Annual Burden: 71
hours [94 respondents × 1 device per
respondent × 3 updates per device × 15
minutes per response].
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including: (1)
whether the proposed collection is
necessary for the performance of
FMCSA’s functions; (2) the accuracy of
the estimated burden; (3) ways for
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17:50 Jan 07, 2025
Jkt 265001
FMCSA to enhance the quality,
usefulness, and clarity of the collected
information; and (4) ways that the
burden could be minimized without
reducing the quality of the collected
information. The Agency will
summarize or include your comments in
the request for OMB’s clearance of this
information collection.
Issued under the authority of 49 CFR 1.87.
Thomas P. Keane,
Associate Administrator for Research,
Technology and Registration.
[FR Doc. 2025–00123 Filed 1–7–25; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2024–0158]
Agency Information Collection
Activities; Renewal of an Approved
Information Collection Request:
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. The FMCSA
requests approval to renew an ICR
titled, ‘‘Medical Qualification
Requirements,’’ due to updated
information for several of the
Information Collections (ICs) discussed.
This ICR is needed to ensure that
drivers, motor carriers, and the States
are complying with the physical
qualification requirements of
commercial motor vehicle (CMV)
drivers. The information collected is
used to determine and certify driver
medical fitness and must be collected in
order for our highways to be safe. On
September 17, 2024, FMCSA published
a 60-day notice requesting comment on
the renewal of this ICR. In response to
this notice, no comments were received.
DATES: Comments on this notice must be
received on or before February 7, 2025.
ADDRESSES: Written 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
information collection by selecting
SUMMARY:
PO 00000
Frm 00161
Fmt 4703
Sfmt 4703
‘‘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, (202) 366–4001,
fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200
New Jersey Avenue SE, Room W64–224,
Washington, DC 20590–0001. Office
hours are 8:30 a.m. to 5 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 collection.
Respondents: Commercial motor
vehicle drivers, motor carriers, medical
examiners, testing centers.
Estimated Number of Respondents:
8,123,976.
Expiration Date: March 31, 2025.
Estimated Total Annual Burden:
3,243,525 hours.
This information collection is
comprised of the following seven
information collection activities.
Physical Qualification Standards
2,776,978 annual burden hours
7,175,796 annual respondents
Resolution of Medical Conflict
11 annual burden hours
3 annual respondents
Medical Exemptions
293 annual burden hours
1,176 annual respondents
SPE Certificate Program
2,808 annual burden hours
2,567 annual respondents
National Registry of Certified Medical
Examiners
462,162 annual burden hours
934,887 annual respondents
Qualification of Drivers; Diabetes
Standard
654 annual burden hours
4,906 annual respondents
Qualification of Drivers; Vision
Standard
619 annual burden hours
4,641 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
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Federal Register / Vol. 90, No. 5 / Wednesday, January 8, 2025 / Notices
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mentally qualified to drive. Therefore,
information used to determine and
certify driver medical fitness must be
collected. FMCSA is the Federal
government agency authorized to
require the collection of this
information. FMCSA is required by
statute to establish standards for the
physical qualifications of drivers who
operate CMVs in interstate commerce
for non-excepted industries (49 U.S.C.
31136(a)(3) and 31502(b)). The
regulations discussing this collection
are outlined in the Federal Motor
Carrier Safety Regulations (FMCSRs) at
49 CFR 390 through 399.
Below is a brief description of the
included IC activities and how the
information is used.
Physical Qualification Standards
The FMCSRs at 49 CFR 391.41 set
forth the physical qualification
standards that interstate CMV drivers
who are subject to part 391 must meet,
with the exception of commercial
driver’s license/commercial learner’s
permit (CDL/CLP) drivers transporting
migrant workers (who must meet the
physical qualification standards set
forth in § 398.3). The FMCSRs covering
driver physical qualification records are
found at § 391.43, which specify that a
medical examination be performed on
CMV drivers subject to part 391 who
operate in interstate commerce. The
results of the examination shall be
recorded in accordance with the
requirements set forth in that section.
The current provisions of §§ 391.51 and
398.3 require that a motor carrier retain
the Medical Examiner’s Certificate
(MEC), Form MCSA–5876, in the
driver’s qualification (DQ) file for 3
years. The certificate affirms that the
driver is physically qualified to drive a
CMV in interstate commerce.
Due to potential onset of new
conditions or changes in existing
conditions that may adversely affect a
driver’s ability to safely operate a CMV
and/or cause incapacitation that could
be a risk to public safety, periodic
evaluation and certification is required
to assess driver physical qualification.
MECs may be issued for up to 2 years
after the date of examination. However,
drivers with certain medical conditions
must be certified more frequently than
every 2 years. Medical examiners (MEs)
have discretion to certify for shorter
time periods on a case-by-case basis for
medical conditions that require closer
monitoring or that are more likely to
change over time. In addition, the Safe,
Accountable, Flexible, Efficient
Transportation Act: A Legacy for Users
(Pub. L. 109–59, 119 Stat. 1144, August
10, 2005) requires MEs to transmit to
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FMCSA’s Chief Medical Officer,
electronically and on a monthly basis,
driver information and results of any
CMV driver medical examinations
conducted during the previous month.
MEs are required to maintain records of
the CMV driver medical examinations
they conduct. FMCSA does not require
MEs to maintain these records
electronically. However, there is
nothing to preclude an ME from
maintaining electronic records of the
medical examinations they conduct.
FMCSA is continuously evaluating new
information technology in an attempt to
decrease the burden on motor carriers
and MEs. Less frequent collection of
driver data, Medical Examination
Report Forms, MCSA–5875, and MECs,
Form MCSA–5876, would compromise
FMCSA’s ability to determine ME
compliance with FMCSA’s physical
qualification standards and guidelines
in performing CMV driver physical
qualification examinations, which could
result in MEs listed on the National
Registry of Certified Medical Examiners
(National Registry) who should be
removed and possibly drivers that don’t
meet the physical qualification
standards possessing an MEC. Less
frequent data collection would also
result in decreased validity of the data
(i.e., less frequent data submission may
increase the error rate due to
unintentional omission of examination
information). Therefore, less frequent
collection of driver examination results
is not an option.
Resolution of Medical Conflict
The medical conflict provision
provides a mechanism for drivers and
motor carriers to request that FMCSA
make a final decision to resolve
conflicting medical evaluations when
either party does not accept the decision
of a medical specialist. If two MEs
disagree about the medical certification
of a driver, the requirements set forth in
§ 391.47 mandate that the applicant
(driver or motor carrier) submit a copy
of a report including results of all
medical testing and the opinion of an
impartial medical specialist in the field
in which the medical conflict arose. The
applicant may, if they choose to do so,
submit the information above using fax
and/or email. FMCSA uses the
information collected from the
applicant, including medical
information, to determine if the driver
should or should not be qualified.
Without this provision and its
incumbent driver medical information
collection requirements, an unqualified
person may be permitted to drive and
qualified persons may be prevented
from driving.
PO 00000
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Fmt 4703
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1595
Medical Exemptions and Skill
Performance Evaluation (SPE)
Certificates
FMCSA may, on a case-by-case basis,
grant a medical exemption from a
physical qualification standard set forth
in § 391.41, if the Agency determines
the exemption is in the interest of the
public and would likely achieve a level
of safety that is equivalent to, or greater
than, the level that would be achieved
by complying with the regulation.
Individuals with limb impairments are
permitted to operate a CMV, but only
when they are otherwise qualified and
are granted an SPE certificate by
FMCSA. Section 381.310 establishes the
procedures that persons must follow to
request exemptions from the FMCSRs.
Without an exemption, individuals who
do not meet the requirements in
§ 391.41 would not be qualified to
operate a CMV in interstate commerce.
The application process for all medical
exemptions currently provides for
electronic collection of the application
information by FMCSA for those
applicants that choose to do so. They
are able to fax or scan and email
documents to FMCSA. In addition, the
SPE Certificate Program maintains a
database of application information and
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. The
Agency requires all medical exemptions
be renewed every 2 years to ensure that
the granting of the exemption does not
diminish safety under § 381.310.
Exemption holders are required to
submit annual medical information for
review to ensure the driver continues to
meet the physical qualification
requirements. In the interest of highway
safety, the medical examination,
medical exemption, and SPE certificate
renewal should not be performed less
frequently.
The National Registry requires MEs
who perform 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 on the National
Registry website to begin the
certification process. This data is used
to provide the public with contact
information for those medical
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Federal Register / Vol. 90, No. 5 / Wednesday, January 8, 2025 / Notices
professionals who are certified by
FMCSA to perform interstate CMV
driver physical qualification
examinations. Less frequent collection
of ME candidate test results and identity
and eligibility information would mean
fewer healthcare professionals
attempting to become certified which
would result in fewer certified MEs
being available to the CMV driver and
motor carrier population. This could
place a huge burden on drivers and
motor carriers to find certified MEs to
perform their physical qualification
examinations. Therefore, less frequent
collection of ME candidate test results
and identity and eligibility information
is not an option. MEs must provide
specific driver physical qualification
examination information for every
driver they examine on driver
examination forms required by FMCSA
and into the National Registry. Drivers
must provide identification and health
history information on the driver
examination forms required by FMCSA.
The purpose for providing this
information is to enable the ME to
determine if the driver meets the
physical qualification standards under
§ 391.41 and to ensure that there are no
disqualifying medical conditions that
could adversely affect their safe driving
ability or cause incapacitation
constituting a risk to the public. If this
information were not required, the
threat to public safety would be
immense and unacceptable.
The National Registry also requires
motor carriers to verify the National
Registry number of the MEs who certify
their drivers and place a note in the DQ
file. Less frequent verification of the
National Registry numbers by motor
carriers would mean drivers may not
have been examined by a certified ME
listed on the National Registry and they
may no longer meet the physical
qualifications standards of the FMCSRs
even though they were previously
certified as physically qualified.
As a follow-on rule to the National
Registry, the final rule titled ‘‘Medical
Examiner’s Certification Integration’’ (80
FR 22790), 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
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Jkt 265001
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. FMSCA extended the
compliance two additional times, and
that date is now June 23, 2025, for
several provisions of the final rule.
Since the compliance date for these
provisions occurs during this renewal
period, the annual burden hours and
costs are now being covered as part of
this ICR.
Qualifications of Drivers; Diabetes
Standard
Under 49 CFR 391.41(b), drivers with
a stable insulin regimen and properly
controlled Insulin-Treated Diabetes
Mellitus (ITDM) are permitted to
operate CMVs in interstate commerce.
An individual with ITDM is able to
obtain an MEC from a certified ME for
up to a maximum of 12 months if the
(1) Treating Clinician (TC), the
healthcare professional who manages
and prescribes insulin for the treatment
of the individual’s diabetes, completes
the Insulin-Treated Diabetes Mellitus
Assessment Form, MCSA–5870, and
attests to the certified ME that the
individual maintains a stable insulin
regimen and proper control of their
diabetes, and (2) the certified ME
determines that the individual meets
FMCSA’s physical qualification
standards.
FMCSA allows TCs to provide the
Insulin-Treated Diabetes Mellitus
Assessment Form, MCSA–5870, to the
certified MEs, if the TCs choose to do
so, using electronic communication
such as fax or email. Consistent with
OMB’s commitment to minimizing
respondents’ recordkeeping and
paperwork burdens, and the increased
use of secure electronic modes of
communication, the Agency anticipates
that approximately 25 percent of the
forms will be transmitted electronically.
Qualifications of Drivers; Vision
Standard
Under 49 CFR 391.41(b), drivers who
do not satisfy, with the worse eye, either
FMCSA’s existing distant visual acuity
standard with corrective lenses or the
field of vision standard, or both, in
§ 391.41(b)(10) are permitted to be
physically qualified to operate a CMV in
interstate commerce under specified
PO 00000
Frm 00163
Fmt 4703
Sfmt 9990
conditions. The alternative vision
standard adopted in the final rule uses
a collaborative process for physical
qualification. Before an individual may
be medically certified under the
alternative vision standard, the
individual must have a vision
evaluation conducted by an
ophthalmologist or optometrist. The
ophthalmologist or optometrist records
the findings and provides specific
medical opinions on the Vision
Evaluation Report, Form MCSA–5871.
Then, an ME performs an examination,
considers the information provided on
the Vision Evaluation Report, Form
MCSA–5871, and determines whether
the individual meets the alternative
vision standard, as well as FMCSA’s
other physical qualification standards. If
the ME determines the individual meets
the physical qualification standards, the
ME may issue an MEC for up to 12
months.
FMCSA allows ophthalmologists and
optometrists to provide the Vision
Evaluation Report, Form MCSA–5871,
to the certified MEs, if they choose to do
so, using electronic communication
such as fax or email. Consistent with
OMB’s commitment to minimizing
respondents’ recordkeeping and
paperwork burdens, and the increased
use of secure electronic modes of
communication, the Agency anticipates
that approximately 25 percent of the
forms will be transmitted electronically.
On September 17, 2024, FMCSA
published a 60-day notice (89 FR 76177)
requesting comment on the renewal of
this ICR. No comments were received in
response to that notice.
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including: (1)
whether the proposed collection is
necessary for the performance of
FMCSA’s functions; (2) the accuracy of
the estimated burden; (3) ways for
FMCSA to enhance the quality,
usefulness, and clarity of the collected
information; and (4) ways that the
burden could be minimized without
reducing the quality of the collected
information.
Issued under the authority of 49 CFR 1.87.
Thomas P. Keane,
Associate Administrator, Office of Research
and Registration.
[FR Doc. 2025–00122 Filed 1–7–25; 8:45 am]
BILLING CODE 4910–EX–P
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]]>Agencies
[Federal Register Volume 90, Number 5 (Wednesday, January 8, 2025)]
[Notices]
[Pages 1594-1596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00122]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2024-0158]
Agency Information Collection Activities; Renewal of an Approved
Information Collection Request: 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. The FMCSA requests approval to renew an ICR titled,
``Medical Qualification Requirements,'' due to updated information for
several of the Information Collections (ICs) discussed. This ICR is
needed to ensure that drivers, motor carriers, and the States are
complying with the physical qualification requirements of commercial
motor vehicle (CMV) drivers. The information collected is used to
determine and certify driver medical fitness and must be collected in
order for our highways to be safe. On September 17, 2024, FMCSA
published a 60-day notice requesting comment on the renewal of this
ICR. In response to this notice, no comments were received.
DATES: Comments on this notice must be received on or before February
7, 2025.
ADDRESSES: Written 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 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, (202) 366-4001, [email protected], FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224,
Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 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 collection.
Respondents: Commercial motor vehicle drivers, motor carriers,
medical examiners, testing centers.
Estimated Number of Respondents: 8,123,976.
Expiration Date: March 31, 2025.
Estimated Total Annual Burden: 3,243,525 hours.
This information collection is comprised of the following seven
information collection activities.
Physical Qualification Standards
2,776,978 annual burden hours
7,175,796 annual respondents
Resolution of Medical Conflict
11 annual burden hours
3 annual respondents
Medical Exemptions
293 annual burden hours
1,176 annual respondents
SPE Certificate Program
2,808 annual burden hours
2,567 annual respondents
National Registry of Certified Medical Examiners
462,162 annual burden hours
934,887 annual respondents
Qualification of Drivers; Diabetes Standard
654 annual burden hours
4,906 annual respondents
Qualification of Drivers; Vision Standard
619 annual burden hours
4,641 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
[[Page 1595]]
mentally qualified to drive. Therefore, information used to determine
and certify driver medical fitness must be collected. FMCSA is the
Federal government agency authorized to require the collection of this
information. FMCSA is required by statute to establish standards for
the physical qualifications of drivers who operate CMVs in interstate
commerce for non-excepted industries (49 U.S.C. 31136(a)(3) and
31502(b)). The regulations discussing this collection are outlined in
the Federal Motor Carrier Safety Regulations (FMCSRs) at 49 CFR 390
through 399.
Below is a brief description of the included IC activities and how
the information is used.
Physical Qualification Standards
The FMCSRs at 49 CFR 391.41 set forth the physical qualification
standards that interstate CMV drivers who are subject to part 391 must
meet, with the exception of commercial driver's license/commercial
learner's permit (CDL/CLP) drivers transporting migrant workers (who
must meet the physical qualification standards set forth in Sec.
398.3). The FMCSRs covering driver physical qualification records are
found at Sec. 391.43, which specify that a medical examination be
performed on CMV drivers subject to part 391 who operate in interstate
commerce. The results of the examination shall be recorded in
accordance with the requirements set forth in that section. The current
provisions of Sec. Sec. 391.51 and 398.3 require that a motor carrier
retain the Medical Examiner's Certificate (MEC), Form MCSA-5876, in the
driver's qualification (DQ) file for 3 years. The certificate affirms
that the driver is physically qualified to drive a CMV in interstate
commerce.
Due to potential onset of new conditions or changes in existing
conditions that may adversely affect a driver's ability to safely
operate a CMV and/or cause incapacitation that could be a risk to
public safety, periodic evaluation and certification is required to
assess driver physical qualification. MECs may be issued for up to 2
years after the date of examination. However, drivers with certain
medical conditions must be certified more frequently than every 2
years. Medical examiners (MEs) have discretion to certify for shorter
time periods on a case-by-case basis for medical conditions that
require closer monitoring or that are more likely to change over time.
In addition, the Safe, Accountable, Flexible, Efficient Transportation
Act: A Legacy for Users (Pub. L. 109-59, 119 Stat. 1144, August 10,
2005) requires MEs to transmit to FMCSA's Chief Medical Officer,
electronically and on a monthly basis, driver information and results
of any CMV driver medical examinations conducted during the previous
month. MEs are required to maintain records of the CMV driver medical
examinations they conduct. FMCSA does not require MEs to maintain these
records electronically. However, there is nothing to preclude an ME
from maintaining electronic records of the medical examinations they
conduct. FMCSA is continuously evaluating new information technology in
an attempt to decrease the burden on motor carriers and MEs. Less
frequent collection of driver data, Medical Examination Report Forms,
MCSA-5875, and MECs, Form MCSA-5876, would compromise FMCSA's ability
to determine ME compliance with FMCSA's physical qualification
standards and guidelines in performing CMV driver physical
qualification examinations, which could result in MEs listed on the
National Registry of Certified Medical Examiners (National Registry)
who should be removed and possibly drivers that don't meet the physical
qualification standards possessing an MEC. Less frequent data
collection would also result in decreased validity of the data (i.e.,
less frequent data submission may increase the error rate due to
unintentional omission of examination information). Therefore, less
frequent collection of driver examination results is not an option.
Resolution of Medical Conflict
The medical conflict provision provides a mechanism for drivers and
motor carriers to request that FMCSA make a final decision to resolve
conflicting medical evaluations when either party does not accept the
decision of a medical specialist. If two MEs disagree about the medical
certification of a driver, the requirements set forth in Sec. 391.47
mandate that the applicant (driver or motor carrier) submit a copy of a
report including results of all medical testing and the opinion of an
impartial medical specialist in the field in which the medical conflict
arose. The applicant may, if they choose to do so, submit the
information above using fax and/or email. FMCSA uses the information
collected from the applicant, including medical information, to
determine if the driver should or should not be qualified. Without this
provision and its incumbent driver medical information collection
requirements, an unqualified person may be permitted to drive and
qualified persons may be prevented from driving.
Medical Exemptions and Skill Performance Evaluation (SPE) Certificates
FMCSA may, on a case-by-case basis, grant a medical exemption from
a physical qualification standard set forth in Sec. 391.41, if the
Agency determines the exemption is in the interest of the public and
would likely achieve a level of safety that is equivalent to, or
greater than, the level that would be achieved by complying with the
regulation. Individuals with limb impairments are permitted to operate
a CMV, but only when they are otherwise qualified and are granted an
SPE certificate by FMCSA. Section 381.310 establishes the procedures
that persons must follow to request exemptions from the FMCSRs. Without
an exemption, individuals who do not meet the requirements in Sec.
391.41 would not be qualified to operate a CMV in interstate commerce.
The application process for all medical exemptions currently provides
for electronic collection of the application information by FMCSA for
those applicants that choose to do so. They are able to fax or scan and
email documents to FMCSA. In addition, the SPE Certificate Program
maintains a database of application information and 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. The Agency
requires all medical exemptions be renewed every 2 years to ensure that
the granting of the exemption does not diminish safety under Sec.
381.310. Exemption holders are required to submit annual medical
information for review to ensure the driver continues to meet the
physical qualification requirements. In the interest of highway safety,
the medical examination, medical exemption, and SPE certificate renewal
should not be performed less frequently.
The National Registry requires MEs who perform 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 on the
National Registry website to begin the certification process. This data
is used to provide the public with contact information for those
medical
[[Page 1596]]
professionals who are certified by FMCSA to perform interstate CMV
driver physical qualification examinations. Less frequent collection of
ME candidate test results and identity and eligibility information
would mean fewer healthcare professionals attempting to become
certified which would result in fewer certified MEs being available to
the CMV driver and motor carrier population. This could place a huge
burden on drivers and motor carriers to find certified MEs to perform
their physical qualification examinations. Therefore, less frequent
collection of ME candidate test results and identity and eligibility
information is not an option. MEs must provide specific driver physical
qualification examination information for every driver they examine on
driver examination forms required by FMCSA and into the National
Registry. Drivers must provide identification and health history
information on the driver examination forms required by FMCSA. The
purpose for providing this information is to enable the ME to determine
if the driver meets the physical qualification standards under Sec.
391.41 and to ensure that there are no disqualifying medical conditions
that could adversely affect their safe driving ability or cause
incapacitation constituting a risk to the public. If this information
were not required, the threat to public safety would be immense and
unacceptable.
The National Registry also requires motor carriers to verify the
National Registry number of the MEs who certify their drivers and place
a note in the DQ file. Less frequent verification of the National
Registry numbers by motor carriers would mean drivers may not have been
examined by a certified ME listed on the National Registry and they may
no longer meet the physical qualifications standards of the FMCSRs even
though they were previously certified as physically qualified.
As a follow-on rule to the National Registry, the final rule titled
``Medical Examiner's Certification Integration'' (80 FR 22790),
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. FMSCA extended the compliance two
additional times, and that date is now June 23, 2025, for several
provisions of the final rule. Since the compliance date for these
provisions occurs during this renewal period, the annual burden hours
and costs are now being covered as part of this ICR.
Qualifications of Drivers; Diabetes Standard
Under 49 CFR 391.41(b), drivers with a stable insulin regimen and
properly controlled Insulin-Treated Diabetes Mellitus (ITDM) are
permitted to operate CMVs in interstate commerce. An individual with
ITDM is able to obtain an MEC from a certified ME for up to a maximum
of 12 months if the (1) Treating Clinician (TC), the healthcare
professional who manages and prescribes insulin for the treatment of
the individual's diabetes, completes the Insulin-Treated Diabetes
Mellitus Assessment Form, MCSA-5870, and attests to the certified ME
that the individual maintains a stable insulin regimen and proper
control of their diabetes, and (2) the certified ME determines that the
individual meets FMCSA's physical qualification standards.
FMCSA allows TCs to provide the Insulin-Treated Diabetes Mellitus
Assessment Form, MCSA-5870, to the certified MEs, if the TCs choose to
do so, using electronic communication such as fax or email. Consistent
with OMB's commitment to minimizing respondents' recordkeeping and
paperwork burdens, and the increased use of secure electronic modes of
communication, the Agency anticipates that approximately 25 percent of
the forms will be transmitted electronically.
Qualifications of Drivers; Vision Standard
Under 49 CFR 391.41(b), drivers who do not satisfy, with the worse
eye, either FMCSA's existing distant visual acuity standard with
corrective lenses or the field of vision standard, or both, in Sec.
391.41(b)(10) are permitted to be physically qualified to operate a CMV
in interstate commerce under specified conditions. The alternative
vision standard adopted in the final rule uses a collaborative process
for physical qualification. Before an individual may be medically
certified under the alternative vision standard, the individual must
have a vision evaluation conducted by an ophthalmologist or
optometrist. The ophthalmologist or optometrist records the findings
and provides specific medical opinions on the Vision Evaluation Report,
Form MCSA-5871. Then, an ME performs an examination, considers the
information provided on the Vision Evaluation Report, Form MCSA-5871,
and determines whether the individual meets the alternative vision
standard, as well as FMCSA's other physical qualification standards. If
the ME determines the individual meets the physical qualification
standards, the ME may issue an MEC for up to 12 months.
FMCSA allows ophthalmologists and optometrists to provide the
Vision Evaluation Report, Form MCSA-5871, to the certified MEs, if they
choose to do so, using electronic communication such as fax or email.
Consistent with OMB's commitment to minimizing respondents'
recordkeeping and paperwork burdens, and the increased use of secure
electronic modes of communication, the Agency anticipates that
approximately 25 percent of the forms will be transmitted
electronically.
On September 17, 2024, FMCSA published a 60-day notice (89 FR
76177) requesting comment on the renewal of this ICR. No comments were
received in response to that notice.
Public Comments Invited: You are asked to comment on any aspect of
this information collection, including: (1) whether the proposed
collection is necessary for the performance of FMCSA's functions; (2)
the accuracy of the estimated burden; (3) ways for FMCSA to enhance the
quality, usefulness, and clarity of the collected information; and (4)
ways that the burden could be minimized without reducing the quality of
the collected information.
Issued under the authority of 49 CFR 1.87.
Thomas P. Keane,
Associate Administrator, Office of Research and Registration.
[FR Doc. 2025-00122 Filed 1-7-25; 8:45 am]
BILLING CODE 4910-EX-P
