[Federal Register Volume 86, Number 86 (Thursday, May 6, 2021)]
[Notices]
[Pages 24433-24436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09577]


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

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 its 
review and approval, and invites public comment. 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.

DATES: We must receive your comments on or before July 6, 2021.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Docket Number FMCSA-2021-0066 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: 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: 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. ET, 
Monday through Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and 
docket number. For detailed instructions on submitting comments, 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 
online instructions for accessing the dockets, or go to the street 
address listed above.
    Privacy Act: DOT posts all 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.transportation.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 self-addressed, 
stamped envelope or postcard if you submitted your comments by mail or 
hand delivery, 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: 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. If you have questions 
regarding viewing or submitting material to the docket, contact Dockets 
Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 
    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,

[[Page 24434]]

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/or cause incapacitation that could be 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 he or she conducts. FMCSA is continuously evaluating new 
information technology in an attempt to decrease the burden on motor 
carriers and MEs.
    Less frequent collection of driver data, 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 FMSCA'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 that includes an MER Form.
    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 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, 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

[[Page 24435]]

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 approaches, FMCSA has 
concluded that additional time is 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, FMCSA intends to amend 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. 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 his or her 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 
to provide the form to MEs, if the treating clinicians choose to do so, 
using electronic communication such as fax or email.
    Title: Medical Qualification Requirements.
    OMB Control Number: 2126-0006.
    Type of Request: Renewal of a currently approved 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.
    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.
    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,

[[Page 24436]]

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,Office of Research and Registration.
[FR Doc. 2021-09577 Filed 5-5-21; 8:45 am]
BILLING CODE 4910-EX-P