[Federal Register Volume 88, Number 163 (Thursday, August 24, 2023)]
[Notices]
[Pages 58061-58063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18238]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2021-0183]


Agency Information Collection Activities; New Information 
Collection Request: Non-Insulin-Treated Diabetes Mellitus Assessment 
Form, MCSA-5872

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department 
of Transportation (DOT).

ACTION: Notice and request for comments.

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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. This information collection (IC) is voluntary and may be 
utilized by medical examiners (ME) responsible for issuing Medical 
Examiner's Certificates, Form MCSA-5876, to individuals diagnosed with 
non-insulin-treated diabetes mellitus who operate commercial motor 
vehicles (CMV) in interstate commerce. MEs choosing to use this IC will 
do so in an effort to communicate with treating healthcare providers 
who manage the diabetes care of individuals diagnosed with non-insulin-
treated diabetes mellitus who operate CMVs. The information obtained by 
MEs will assist them in determining whether an individual diagnosed 
with non-insulin-treated diabetes mellitus meets FMCSA's physical 
qualification standards. One comment from the public was received in 
response to the 60-day Federal Register notice.

DATES: Comments must be received on or before September 25, 2023.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent 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

[[Page 58062]]

Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, FMCSA, DOT, 6th Floor, West Building, 1200 
New Jersey Avenue SE, Washington, DC 20590-0001, (202) 366-4001, 
[email protected].

SUPPLEMENTARY INFORMATION: 
    Title: Non-Insulin-Treated Diabetes Mellitus Assessment Form, MCSA-
5872.
    OMB Control Number: 2126-00XX.
    Type of Request: New collection.
    Respondents: Treating healthcare providers of individuals who are 
diagnosed with non-insulin treated diabetes mellitus who operate CMVs.
    Estimated Number of Respondents: 242,057 respondents.
    Estimated Time per Response: 8 minutes.
    Expiration Date: N/A. This is a new ICR.
    Frequency of Response: Other (Voluntary use at the medical 
discretion of the ME).
    Estimated Total Annual Burden: 32,274 hours.

Background

    The primary mission of FMCSA is to reduce crashes, injuries, and 
fatalities involving CMVs (large trucks and buses). CMVs are longer, 
heavier, and more difficult to maneuver than automobiles. Not only does 
it take a skilled driver to operate them safely, it takes a physically 
and mentally fit driver to do so as well. Information used to determine 
and certify driver medical fitness helps to promote and maintain safety 
on our nation's highways.
    FMCSA is required by statute to establish minimum 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 applicable to this collection are outlined 
in the Federal Motor Carrier Safety Regulations (FMCSRs) at 49 CFR part 
391, subpart E. The FMCSRs in Sec.  391.41(b) \1\ set forth the 
physical qualification standards that individuals operating CMVs in 
interstate commerce who are subject to part 391 must meet. The FMCSRs 
covering the performance of the CMV physical qualification examination 
of individuals who operate in interstate commerce by an ME and the 
related recordkeeping requirements are found at Sec.  391.43. The 
results of the examination must be recorded in accordance with the 
requirements set forth in that section; they include preparing and 
maintaining a Medical Examination Report Form, MCSA-5875, and, if the 
individual is physically qualified, issuing a Medical Examiner's 
Certificate, Form MCSA-5876.
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    \1\ 49 CFR 391.41; Physical qualifications for drivers. 
Available at https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-391/subpart-E.
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    The FMCSRs in Sec.  391.41(b)(1) through (13) generally include the 
physical qualification standards required for the medical certification 
of individuals who operate a CMV in interstate commerce. The physical 
qualification standards in Sec.  391.46 address the physical 
qualification requirements for medical certification of individuals who 
are diagnosed with diabetes mellitus and are treated with insulin. 
However, the FMCSRs do not specifically address individuals who are 
diagnosed with diabetes mellitus and are treated with non-insulin 
therapy. The type of diabetes mellitus that is not treated with insulin 
(commonly known as Type 2 diabetes) is recognized as a health concern 
for the general public.
    Non-insulin-treated diabetes mellitus that is not properly managed 
and controlled may lead to diabetes complications and/or target organ 
damage, and may result in the individual's physical condition being 
inadequate to enable the driver to operate a CMV safely. The physical 
qualification standards in the FMCSRs broadly address some of the 
conditions and symptoms that may be attributable to complications from 
non-insulin-treated diabetes mellitus. Examples include the loss of 
limb and limb impairment standards (Sec.  391.41(b)(1) and (2)); the 
cardiovascular standard (Sec.  391.41(b)(4)); the rheumatic, arthritic, 
orthopedic, muscular, neuromuscular, or vascular standard (Sec.  
391.41(b)(7)); and the loss of consciousness standard (Sec.  
391.41(b)(8)).
    In performing a thorough assessment and evaluation of an individual 
diagnosed with non-insulin-treated diabetes mellitus, the ME may need 
to consult with the individual's treating healthcare provider who 
manages the individual's diabetes. The ME may find this helpful in 
determining whether the individual has any medical conditions or 
symptoms, such as frequent episodes of severe hypoglycemia, that may 
prevent the individual from meeting the physical qualification 
standards and receiving a Medical Examiner's Certificate, Form MCSA-
5876. This voluntary collection would ensure that the treating 
healthcare provider includes the appropriate information, via the Non-
Insulin-Treated Diabetes Mellitus Assessment Form, MCSA-5872, in a 
standardized manner, which would assist the ME in making an informed 
and sound physical qualification determination.
    In May 2021, FMCSA's Medical Review Board (MRB) deliberated on the 
topic and contents of a draft Non-Insulin-Treated Diabetes Mellitus 
Assessment Form, MCSA-5872 (Task 21-2). FMCSA directed the MRB to 
review and comment on whether the information on the proposed form 
provided sufficient information concerning the treatment, management, 
and control of an individual's non-insulin-treated diabetes mellitus 
condition to assist an ME in making an appropriate physical 
qualification determination. The Agency also requested that the MRB 
identify any areas of ambiguity as well as additional information that 
FMCSA should include on the form. Based on its review, the MRB made 
some recommendations to improve the clarity and quality of information 
on the Non-Insulin-Treated Diabetes Mellitus Assessment Form, MCSA-
5872, which is provided from the individual's treating healthcare 
provider to the ME.
    There is no required collection frequency for the Non-Insulin-
Treated Diabetes Mellitus Assessment Form, MCSA-5872, because the use 
of this IC is voluntary and at the discretion of the ME.
    The Non-Insulin-Treated Diabetes Mellitus Assessment Form, MCSA-
5872, will be available as a fillable pdf and may be downloaded from 
the FMCSA website. Treating healthcare providers may provide the form 
to the individual, or fax or scan and email the form directly to the 
ME. 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 50 percent of the Non-Insulin-Treated Diabetes Mellitus 
Assessment Forms, MCSA-5872, will be transmitted electronically.
    The information collected on the Non-Insulin-Treated Diabetes 
Mellitus Assessment Form, MCSA-5872, will be used by the ME who 
requests completion of the form and will not be available to the 
public. The Non-Insulin-Treated Diabetes Mellitus Assessment Form, 
MCSA-5872, will become a part of the individual's physical 
qualification examination records that are maintained and retained by 
the ME for a period of at least 3 years from the date of the 
examination.\2\
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    \2\ The burden for the ME to file and retain the driver 
examination forms is covered in the Medical Qualification 
Requirements ICR, OMB Control Number 2126-0006, which is currently 
due to expire on March 31, 2025.

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[[Page 58063]]

    One comment was received from the American College of Occupational 
and Environmental Medicine (ACOEM) in strong support of the IC. ACOEM 
stated there is no standardized resource currently available that 
provides MEs with a reasonable example of appropriate information to 
consider when evaluating the medical qualification of a driver with 
non-insulin-treated diabetes mellitus. The ME would be able to use the 
information provided to evaluate whether the individual's diabetes 
mellitus is stable and controlled and to make an informed and sound 
physical qualification determination for the driver. ACOEM also stated 
that the burden associated with the form would be reduced if a fillable 
form is available. FMCSA notes that a fillable form that can be 
downloaded will be available on FMCSA's website.
    Public Comments Invited: You are asked to comment on any aspect of 
this IC, including: (1) whether the proposed collection is necessary 
for FMCSA to perform its 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. 2023-18238 Filed 8-23-23; 8:45 am]
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