[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.

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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\
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    \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).
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    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]
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