[Federal Register Volume 90, Number 103 (Friday, May 30, 2025)]
[Proposed Rules]
[Pages 22906-22910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-09732]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 390
[Docket No. FMCSA-2025-0121]
RIN 2126-AC95
Accident Reporting: Modification to the Definition of the Term
``Medical Treatment''
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: FMCSA proposes to amend the Federal Motor Carrier Safety
Regulations (FMCSRs) to revise the term ``medical treatment'' for the
purpose of accident reporting to incorporate revised regulatory
guidance issued by the Agency regarding medical treatment away from the
accident scene.
DATES: Comments must be received on or before July 29, 2025.
ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2025-0121 using any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov/docket/FMCSA-2025-0121/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,
Washington, DC 20590-0001.
Hand Delivery or Courier: Dockets Operations, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, West Building,
Ground Floor, 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: Jenny Guarino, Chief, Crash Data
[[Page 22907]]
Analytics Division, FMCSA, 1200 New Jersey Avenue SE, Washington, DC
20590-0001, (202) 366-4143, [email protected]. If you have
questions on viewing or submitting material to the docket, call Dockets
Operations at (202) 366-9826.
SUPPLEMENTARY INFORMATION: FMCSA organizes this NPRM as follows:
I. Public Participation and Request for Comments
A. Submitting Comments
B. Viewing Comments and Documents
C. Privacy
II. Abbreviations
III. Legal Basis
IV. Background
V. Discussion of Proposed Rulemaking
VI. International Impacts
VII. Section-by-Section Analysis
A. Regulatory Provisions
B. Guidance Statements and Interpretations
VIII. Regulatory Analyses
A. E.O. 12866 (Regulatory Planning and Review), E.O. 13563
(Improving Regulation and Regulatory Review), and DOT Regulatory
Policies and Procedures
B. E.O. 14192 (Unleashing Prosperity Through Deregulation)
C. Advance Notice of Proposed Rulemaking
D. Regulatory Flexibility Act
E. Assistance for Small Entities
F. Unfunded Mandates Reform Act of 1995
G. Paperwork Reduction Act
H. E.O. 13132 (Federalism)
I. Privacy
J. E.O. 13175 (Indian Tribal Governments)
K. National Environmental Policy Act of 1969
L. Rulemaking Summary
I. Public Participation and Request for Comments
A. Submitting Comments
If you submit a comment, please include the docket number for this
NPRM (FMCSA-2025-0121), indicate the specific section of this document
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-2025-0121/document, click on this NPRM, 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.
FMCSA will consider all comments and material received during the
comment period.
Confidential Business Information (CBI)
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (5 U.S.C. 552), CBI is exempt from public disclosure.
If your comments responsive to the NPRM contain commercial or financial
information that is customarily treated as private, that you actually
treat as private, and that is relevant or responsive to the NPRM, it is
important that you clearly designate the submitted comments as CBI.
Please mark each page of your submission that constitutes CBI as
``PROPIN'' to indicate it contains proprietary information. FMCSA will
treat such marked submissions as confidential under the Freedom of
Information Act, and they will not be placed in the public docket of
the NPRM. Submissions containing CBI should be sent to Brian Dahlin,
Chief, Regulatory Evaluation Division, Office of Policy, FMCSA, 1200
New Jersey Avenue SE, Washington, DC 20590-0001 or via email at
[email protected]. At this time, you need not send a duplicate
hardcopy of your electronic CBI submissions to FMCSA headquarters. Any
comments FMCSA receives not specifically designated as CBI will be
placed in the public docket for this rulemaking.
B. Viewing Comments and Documents
To view any documents mentioned as being available in the docket,
go to https://www.regulations.gov/docket/FMCSA-2025-0121/document and
choose the document to review. To view comments, click this NPRM, then
click ``Browse Comments.'' If you do not have access to the internet,
you may view the docket online by visiting Dockets Operations 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
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its regulatory process. DOT posts these
comments, 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), which can be reviewed at
https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices. The comments are posted without edits and are
searchable by the name of the submitter.
II. Abbreviations
ANPRM Advance notice of proposed rulemaking
CBI Confidential Business Information
CFR Code of Federal Regulations
CMV Commercial motor vehicle
CT Computed tomography
DOT Department of Transportation
FMCSRs Federal Motor Carrier Safety Regulations
FR Federal Register
NPRM Notice of proposed rulemaking
OMB Office of Management and Budget
PIA Privacy Impact Assessment
PTA Privacy Threshold Assessment
UMRA Unfunded Mandates Reform Act of 1995
U.S.C. United States Code
III. Legal Basis
The 1935 Motor Carrier Act of 1935 (49 Stat. 543) (the 1935 Act)
and the Motor Carrier Safety Act of 1984 (Pub. L. 98-554 Title II, 98
Stat. 2832 (Oct. 30, 1984)) (the 1984 Act), as amended, provide that
``[t]he Secretary of Transportation may prescribe requirements for--(1)
qualifications and maximum hours of service of employees of, and safety
of operation and equipment of, a motor carrier; and (2) qualifications
and maximum hours of service of employees of, and standards of
equipment of, a private motor carrier, when needed to promote safety of
operation'' (49 U.S.C. 31502(b)).
Section 114 of the Hazardous Materials Transportation Act (the
HazMat Act), (Pub. L. 93-633, Title I (Jan. 3, 1975), codified at 49
U.S.C. chapter 51) directed the Secretary of Transportation to amend 49
CFR 391.23 to specify minimum safety information to be investigated
from previous employers when performing employment record
investigations on driver candidates and newly hired drivers. Section
114 specified that a motor carrier must investigate a driver's 3-year
accident record, and drug and alcohol history, from employers the
driver worked for within the previous three years.
Under Sec. 390.15, carriers are required to keep records of all
reportable accidents, as defined in Sec. 390.5T,\1\ in an
[[Page 22908]]
accident register for 3 years. The term accident includes ``an
occurrence involving a commercial motor vehicle (CMV) operating on a
highway in interstate or intrastate commerce which results in bodily
injury to a person who, as a result of the injury, immediately receives
medical treatment away from the scene of the accident.''
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\1\ Section 390.5 of title 49 is currently suspended and
replaced by Sec. 390.5T, however the definitions for the listed
terms are identical in both sections.
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FMCSA published guidance in 2022 clarifying what is considered
medical treatment (87 FR 10895, Feb. 25, 2022). Under section 5203 of
the Fixing America's Surface Transportation Act (Pub. L. 114-94, 129
Stat. 1312, 1535 (Dec. 4, 2015)), FMCSA reviews its guidance at least
every 5 years to incorporates guidance, as appropriate.
This rulemaking proposes to revise the definition of accident in
Sec. 390.5T to incorporate the 2022 guidance. This revision will
provide clarity and regulatory certainty to regulated entities on what
constitutes a reportable accident, and what does not, under part 390 to
ensure operators of CMVs are qualified drivers as required under 49
U.S.C. 31502(b) and section 114 of the HazMat Act.
IV. Background
FMCSA issued revised guidance on February 25, 2022, regarding the
definition of accident in Sec. 390.5T. Under Sec. 390.5T accident is
defined as an occurrence involving a 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. The previous guidance
considered an x-ray examination and other imaging, such as computed
tomography (CT), as medical treatment.
FMCSA revised the guidance to clarify that 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. Sec. 390.5 or 390.5T. An x-ray or CT is not
considered medical treatment. If the person were given prescription
medicine or the prescription itself, that would be considered medical
treatment for a diagnosed injury. FMCSA proposes to revise the
definition of accident to eliminate the need for the current legally
non-binding guidance, thereby providing increased certainty and clarity
for regulated entities.
V. Discussion of Proposed Rulemaking
Accident is defined in Sec. 390.5T as ``an occurrence involving a
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.'' The current definition does not provide an explanation of what
constitutes ``medical treatment.'' FMCSA revised its guidance in 2022
to clarify that medical treatment did not include diagnostic
procedures, such as x-ray or CT.
This rulemaking proposes to revise Sec. Sec. 390.5 and 390.5T to
incorporate the 2022 guidance into the definition of accident. A new
paragraph (3) would be added to the definition to clarify that medical
treatment does not include x-rays or other imaging, such as CT, and a
person who does not receive treatment for diagnosed injuries or other
medical intervention directly related to the accident, has not received
``medical treatment.'' These changes are consistent with the 2022
guidance and will provide clarity and regulatory certainty to regulated
entities regarding what constitutes an accident that must be recorded
and kept under part 390.
VI. International Impacts
Motor carriers and drivers are subject to the laws and regulations
of the countries that they operate in, unless an international
agreement states otherwise. Drivers and carriers should be aware of the
regulatory differences between nations.
VII. Section-by-Section Analysis
A. Regulatory Provisions
This section-by-section analysis describes the proposed changes in
numerical order.
Section 390.5 Definitions
FMCSA proposes to add a new paragraph (3) to the definition of
accident that explains what does not constitute medical treatment.
Section 390.5T Definitions
FMCSA proposes to add a new paragraph (3) to the definition of
accident that explains what does not constitute medical treatment.
B. Guidance Statements and Interpretations
This rulemaking proposes to amend a regulation that has associated
guidance. Such guidance statements do not have the force and effect of
law, are strictly advisory, and are not meant to bind the public in any
way. Conformity with guidance statements is voluntary. Guidance is
intended only to provide information to the public regarding existing
requirements under the law or FMCSA policies. A guidance statement does
not alter the substance of a regulation.
On February 25, 2022, FMCSA issued guidance revising Question 27
for Sec. Sec. 390.5 and 390.5T to address the meaning of the term
``medical treatment'' as it used in the definition of accident.\2\
FMCSA intends to rescind this guidance as no longer necessary upon
publication of a final rule eliminating the provision to which the
guidance relates.
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\2\ The 2022 guidance was published in the Federal Register (87
FR 10895) and can be found at https://www.federalregister.gov/documents/2022/02/25/2022-03997/accident-reporting-change-to-regulatory-guidance-concerning-the-use-of-the-term-medical-treatment.
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VIII. Regulatory Analyses
A. Executive Order (E.O.) 12866 (Regulatory Planning and Review), E.O.
13563 (Improving Regulation and Regulatory Review), and DOT Regulatory
Policies and Procedures
FMCSA has considered the impact of this NPRM under E.O. 12866 (58
FR 51735, Oct. 4, 1993), Regulatory Planning and Review, E.O. 13563 (76
FR 3821, Jan. 21, 2011), Improving Regulation and Regulatory Review,
and DOT Regulatory Policies and Procedures. The Office of Information
and Regulatory Affairs within the Office of Management and Budget (OMB)
determined that this NPRM is not a significant regulatory action under
section 3(f) of E.O. 12866, as supplemented by E.O. 13563, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that order. Accordingly, OMB has not reviewed it under that
E.O.
FMCSA proposes to amend the FMCSRs to revise the use of the term
``medical treatment'' for the purpose of accident reporting. FMCSA
revised its guidance in 2022 to clarify that medical treatment did not
include diagnostic procedures. This rulemaking proposes to revise
Sec. Sec. 390.5 and 390.5T to incorporate the 2022 guidance into the
definition of accident. The guidance does not have the force or effect
of law and is voluntary only. FMCSA anticipates that some carriers
involved in accidents are already following the guidance, but that some
may not be aware of the guidance or may choose not to follow it. In the
event that this NPRM would adjust motor carrier reporting burdens, it
would amount to a reduction in reporting as those incidents that
involve diagnostic procedures would no longer be reported as accidents.
The Agency seeks input on the extent to which codifying the
[[Page 22909]]
existing guidance would result in a decrease in burden in carriers'
reporting.
B. E.O. 14192 (Unleashing Prosperity Through Deregulation)
E.O. 14192 (90 FR 9065, Jan. 31, 2025), Unleashing Prosperity
Through Deregulation, requires that for ``each new [E.O. 14192
regulatory action] issued, at least ten prior regulations be identified
for elimination.'' \3\
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\3\ Executive Office of the President. Executive Order 14192 of
January 31, 2025. Unleashing Prosperity Through Deregulation. 90 FR
9065-9067. Feb. 6, 2025.
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Implementation guidance for E.O. 14192 issued by OMB (Memorandum M-
25-20, March 26, 2025) defines two different types of E.O. 14192
actions: an E.O. 14192 deregulatory action, and an E.O. 14192
regulatory action.\4\
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\4\ Executive Office of the President. Office of Management and
Budget. Guidance Implementing Section 3 of Executive Order 14192,
Titled ``Unleashing Prosperity Through Deregulation.'' Memorandum M-
25-20. March 26, 2025.
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An E.O. 14192 deregulatory action is defined as ``an action that
has been finalized and has total costs less than zero.'' This proposed
rulemaking is expected to have total costs less than zero as some
carriers would realize a reduction in accident reporting, and therefore
would be considered an E.O. 14192 deregulatory action upon issuance of
a final rule. The Agency seeks comment regarding the extent to which
the codification of the existing guidance would result in a decrease in
burden to carriers relative to the baseline.
C. Advance Notice of Proposed Rulemaking
Under 49 U.S.C. 31136(g), FMCSA is required to publish an advance
notice of proposed rulemaking (ANPRM) or proceed with a negotiated
rulemaking, if a proposed safety rule ``under this part'' \5\ is likely
to lead to the promulgation of a major rule.\6\ As this proposed rule
is not likely to result in the promulgation of a major rule, the Agency
is not required to issue an ANPRM or to proceed with a negotiated
rulemaking.
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\5\ Part B of Subtitle VI of Title 49, United States Code, i.e.,
49 U.S.C. chapters 311-317.
\6\ A major rule means any rule that the Office of Management
and Budget finds has resulted in or is likely to result in (a) an
annual effect on the economy of $100 million or more; (b) a major
increase in costs or prices for consumers, individual industries,
geographic regions, Federal, State, or local government agencies; or
(c) significant adverse effects on competition, employment,
investment, productivity, innovation, or on the ability of United
States-based enterprises to compete with foreign-based enterprises
in domestic and export markets (5 U.S.C. 804(2)).
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D. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as amended
by the Small Business Regulatory Enforcement Fairness Act of 1996,\7\
requires Federal agencies to consider the effects of the regulatory
action on small business and other small entities and to minimize any
significant economic impact. The term small entities comprises small
businesses and not-for-profit organizations that are independently
owned and operated and are not dominant in their fields, and
governmental jurisdictions with populations of less than 50,000 (5
U.S.C. 601(6)). Accordingly, DOT policy requires an analysis of the
impact of all regulations on small entities, and mandates that agencies
strive to lessen any adverse effects on these businesses.
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\7\ Public Law 104-121, 110 Stat. 857, (Mar. 29, 1996).
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No regulatory flexibility analysis is required, however, if the
head of an agency or an appropriate designee certifies that the rule
will not have a significant economic impact on a substantial number of
small entities. FMCSA anticipates that this proposed rule would not
impact any regulated entities because they are already following the
proposed provisions.
Consequently, I certify that the proposed action would not have a
significant economic impact on a substantial number of small entities.
E. Assistance for Small Entities
In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121, 110 Stat. 857),
FMCSA wants to assist small entities in understanding this proposed
rule so they can better evaluate its effects on themselves and
participate in the rulemaking initiative. If the proposed rule would
affect your small business, organization, or governmental jurisdiction
and you have questions concerning its provisions or options for
compliance, please consult the person listed under FOR FURTHER
INFORMATION CONTACT.
Small businesses may send comments on the actions of Federal
employees who enforce or otherwise determine compliance with Federal
regulations to the Small Business Administration's Small Business and
Agriculture Regulatory Enforcement Ombudsman (Office of the National
Ombudsman, see https://www.sba.gov/about-sba/oversight-advocacy/office-national-ombudsman) and the Regional Small Business Regulatory Fairness
Boards. The Ombudsman evaluates these actions annually and rates each
agency's responsiveness to small business. If you wish to comment on
actions by employees of FMCSA, call 1-888-REG-FAIR (1-888-734-3247).
DOT has a policy regarding the rights of small entities to regulatory
enforcement fairness and an explicit policy against retaliation for
exercising these rights.
F. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
(UMRA) requires Federal agencies to assess the effects of their
discretionary regulatory actions. The Act addresses actions that may
result in the expenditure by a State, local, or Tribal government, in
the aggregate, or by the private sector of $206 million (which is the
value equivalent of $100 million in 1995, adjusted for inflation to
2024 levels) or more in any 1 year. Because this proposed rule would
not result in such an expenditure, a written statement is not required.
G. Paperwork Reduction Act
This proposed rule contains no new information collection
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
H. E.O. 13132 (Federalism)
A rule has implications for federalism under section 1(a) of E.O.
13132 if it has ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.''
FMCSA has determined that this proposed rule would not have
substantial direct costs on or for States, nor would it limit the
policymaking discretion of States. Nothing in this document preempts
any State law or regulation. Therefore, this rulemaking does not have
sufficient federalism implications to warrant the preparation of a
Federalism Impact Statement.
I. Privacy
The Consolidated Appropriations Act, 2005,\8\ requires the Agency
to assess the privacy impact of a regulation that will affect the
privacy of individuals. This NPRM would not require the collection of
personally identifiable information.
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\8\ Public Law 108-447, 118 Stat. 2809, 3268, note following 5
U.S.C. 552a (Dec. 4, 2014).
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The Privacy Act (5 U.S.C. 552a) applies only to Federal agencies
and any non-Federal agency that receives records contained in a system
of records from a Federal agency for use in a matching program.
[[Page 22910]]
The E-Government Act of 2002,\9\ requires Federal agencies to
conduct a Privacy Impact Analysis (PIA) for new or substantially
changed technology that collects, maintains, or disseminates
information in an identifiable form. No new or substantially changed
technology would collect, maintain, or disseminate information as a
result of this proposed rule. Accordingly, FMCSA has not conducted a
PIA.
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\9\ Public Law 107-347, sec. 208, 116 Stat. 2899, 2921 (Dec. 17,
2002).
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In addition, the Agency will complete a Privacy Threshold
Assessment (PTA) to evaluate the risks and effects the proposed
rulemaking might have on collecting, storing, and sharing personally
identifiable information. The PTA will be submitted to FMCSA's Privacy
Officer for review and preliminary adjudication and to DOT's Privacy
Officer for review and final adjudication.
J. E.O. 13175 (Indian Tribal Governments)
This rulemaking does not have Tribal implications under E.O. 13175,
Consultation and Coordination with Indian Tribal Governments, because
it does not have a substantial direct effect on one or more Indian
Tribes, on the relationship between the Federal Government and Indian
Tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian Tribes.
K. National Environmental Policy Act of 1969
FMCSA analyzed this proposed rule pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). The Agency
believes this proposed rule, if finalized, would not have a reasonably
foreseeable significant effect on the quality of the human environment.
This action would likely fall under a published categorical exclusion
and thus be excluded from further analysis and documentation in an
environmental assessment or environmental impact statement under FMCSA
Order 5610.1 (69 FR 9680, Mar. 1, 2004), Appendix 2. Specifically,
paragraphs (6)(q) and (6)(z), which cover regulations pertaining to
records preservation and minimum qualifications for CMV drivers,
respectively. The public is invited to comment on the impact of the
proposed Agency action.
L. Rulemaking Summary
In accordance with 5 U.S.C. 553(b)(4), a summary of this proposed
rule may be found at regulations.gov, under the docket number.
List of Subjects in 49 CFR Part 390
Highway safety, Intermodal transportation, Motor carriers, Motor
vehicle safety, Reporting and recordkeeping requirements.
Accordingly, FMCSA proposes to amend 49 CFR part 390 to read as
follows:
PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL
0
1. The authority citation for part 390 continues to read as follows:
Authority: 49 U.S.C. 113, 504, 508, 31132, 31133, 31134, 31136,
31137, 31144, 31149, 31151, 31502; sec. 114, Pub. L. 103-311, 108
Stat. 1673, 1677; secs. 212 and 217, Pub. L. 106-159, 113 Stat.
1748, 1766, 1767; sec. 229, Pub. L. 106-159 (as added and
transferred by sec. 4115 and amended by secs. 4130-4132, Pub. L.
109-59, 119 Stat. 1144, 1726, 1743, 1744), 113 Stat. 1748, 1773;
sec. 4136, Pub. L. 109-59, 119 Stat. 1144, 1745; secs. 32101(d) and
32934, Pub. L. 112-141, 126 Stat. 405, 778, 830; sec. 2, Pub. L.
113-125, 128 Stat. 1388; secs. 5403, 5518, and 5524, Pub. L. 114-94,
129 Stat. 1312, 1548, 1558, 1560; sec. 2, Pub. L. 115-105, 131 Stat.
2263; and 49 CFR 1.81, 1.81a, 1.87.
0
2. Amend Sec. 390.5 by:
0
a. Lifting the suspension of the section;
0
b. Revising the definition of ``accident'' and adding the definition of
``medical treatment''; and
0
c. Suspending the section indefinitely.
The revision and addition read as follows:
Sec. 390.5 Definitions.
* * * * *
Accident means--
(1) Except as provided in paragraphs (2) and (3) of this
definition, an occurrence involving a commercial motor vehicle
operating on a highway in interstate or intrastate commerce which
results in:
(i) A fatality;
(ii) Bodily injury to a person who, as a result of the injury,
immediately receives medical treatment away from the scene of the
accident; or
(iii) One or more motor vehicles incurring disabling damage as a
result of the accident, requiring the motor vehicle(s) to be
transported away from the scene by a tow truck or other motor vehicle.
(2) The term accident does not include:
(i) An occurrence involving only boarding and alighting from a
stationary motor vehicle; or
(ii) An occurrence involving only the loading or unloading of
cargo.
* * * * *
Medical treatment does not include an x-ray examination or other
imaging such as computed tomography. A person who does not receive
treatment for diagnosed injuries or other medical intervention directly
related to the accident has not received ``medical treatment.'' Medical
treatment does include being given prescription medication (or the
prescription itself).
* * * * *
0
3. Amend Sec. 390.5T by revising the definition of ``accident'' and
adding the definition of ``medical treatment'' to read as follows:
Sec. 390.5T Definitions.
* * * * *
Accident means--
(1) Except as provided in paragraphs (2) and (3) of this
definition, an occurrence involving a commercial motor vehicle
operating on a highway in interstate or intrastate commerce which
results in:
(i) A fatality;
(ii) Bodily injury to a person who, as a result of the injury,
immediately receives medical treatment away from the scene of the
accident; or
(iii) One or more motor vehicles incurring disabling damage as a
result of the accident, requiring the motor vehicle(s) to be
transported away from the scene by a tow truck or other motor vehicle.
(2) The term accident does not include:
(i) An occurrence involving only boarding and alighting from a
stationary motor vehicle; or
(ii) An occurrence involving only the loading or unloading of
cargo.
* * * * *
Medical treatment does not include an x-ray examination or other
imaging such as computed tomography. A person who does not receive
treatment for diagnosed injuries or other medical intervention directly
related to the accident has not received ``medical treatment.'' Medical
treatment does include being given prescription medication (or the
prescription itself).
* * * * *
Issued under authority delegated in 49 CFR 1.87.
Sue Lawless,
Assistant Administrator.
[FR Doc. 2025-09732 Filed 5-27-25; 4:15 pm]
BILLING CODE 4910-EX-P