[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]


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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.

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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]
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