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[Federal Register Volume 90, Number 5 (Wednesday, January 8, 2025)]
[Notices]
[Pages 1594-1596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00122]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2024-0158]

Agency Information Collection Activities; Renewal of an Approved 
Information Collection Request: Medical Qualification Requirements

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. The FMCSA requests approval to renew an ICR titled, 
``Medical Qualification Requirements,'' due to updated information for 
several of the Information Collections (ICs) discussed. This ICR is 
needed to ensure that drivers, motor carriers, and the States are 
complying with the physical qualification requirements of commercial 
motor vehicle (CMV) drivers. The information collected is used to 
determine and certify driver medical fitness and must be collected in 
order for our highways to be safe. On September 17, 2024, FMCSA 
published a 60-day notice requesting comment on the renewal of this 
ICR. In response to this notice, no comments were received.

DATES: Comments on this notice must be received on or before February 
7, 2025.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be submitted 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 Comments'' or by using the search function.

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.

SUPPLEMENTARY INFORMATION: 
    Title: Medical Qualification Requirements.
    OMB Control Number: 2126-0006.
    Type of Request: Renewal of a currently approved collection.
    Respondents: Commercial motor vehicle drivers, motor carriers, 
medical examiners, testing centers.
    Estimated Number of Respondents: 8,123,976.
    Expiration Date: March 31, 2025.
    Estimated Total Annual Burden: 3,243,525 hours.
    This information collection is comprised of the following seven 
information collection activities.

Physical Qualification Standards
    2,776,978 annual burden hours
    7,175,796 annual respondents
Resolution of Medical Conflict
    11 annual burden hours
    3 annual respondents
Medical Exemptions
    293 annual burden hours
    1,176 annual respondents
SPE Certificate Program
    2,808 annual burden hours
    2,567 annual respondents
National Registry of Certified Medical Examiners
    462,162 annual burden hours
    934,887 annual respondents
Qualification of Drivers; Diabetes Standard
    654 annual burden hours
    4,906 annual respondents
Qualification of Drivers; Vision Standard
    619 annual burden hours
    4,641 annual respondents

    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

[[Page 1595]]

mentally qualified to drive. Therefore, 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 regulations discussing this collection are outlined in 
the Federal Motor Carrier Safety Regulations (FMCSRs) at 49 CFR 390 
through 399.
    Below is a brief description of the included IC activities and how 
the information is used.

Physical Qualification Standards

    The FMCSRs at 49 CFR 391.41 set forth the physical qualification 
standards that 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 Sec.  
398.3). The FMCSRs covering driver physical qualification records are 
found at Sec.  391.43, which specify that a medical examination be 
performed on CMV drivers subject to part 391 who operate in interstate 
commerce. The results of the examination shall be recorded in 
accordance with the requirements set forth in that section. The current 
provisions of Sec. Sec.  391.51 and 398.3 require that a motor carrier 
retain the Medical Examiner's Certificate (MEC), Form MCSA-5876, in the 
driver's qualification (DQ) file for 3 years. The certificate affirms 
that the driver is physically qualified to drive a CMV in interstate 
commerce.
    Due to potential 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, periodic evaluation and certification is required to 
assess driver physical qualification. MECs may be issued for up to 2 
years after the date of examination. However, drivers with certain 
medical conditions must be certified more frequently than every 2 
years. Medical examiners (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. 
In addition, the Safe, Accountable, Flexible, Efficient Transportation 
Act: A Legacy for Users (Pub. L. 109-59, 119 Stat. 1144, August 10, 
2005) requires MEs to transmit to FMCSA's Chief Medical Officer, 
electronically and on a monthly basis, driver information and results 
of any CMV driver medical examinations conducted during the previous 
month. MEs are required to maintain records of the CMV driver medical 
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 they 
conduct. 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, Medical Examination Report Forms, 
MCSA-5875, and MECs, Form MCSA-5876, would compromise FMCSA's ability 
to determine ME compliance with FMCSA's physical qualification 
standards and guidelines in performing CMV driver physical 
qualification examinations, which could result in MEs listed on the 
National Registry of Certified Medical Examiners (National Registry) 
who should be removed and possibly drivers that don't 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

    The medical conflict provision provides a mechanism for drivers and 
motor carriers to request that FMCSA make a final decision to resolve 
conflicting medical evaluations when either party does not accept the 
decision of a medical specialist. If two MEs disagree about the medical 
certification of a driver, the requirements set forth in Sec.  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, if they choose to do so, submit the 
information above using fax and/or email. FMCSA uses the information 
collected from the applicant, including medical information, to 
determine if the driver should or should not 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 Skill Performance Evaluation (SPE) Certificates

    FMCSA may, on a case-by-case basis, grant a medical exemption from 
a physical qualification standard set forth in Sec.  391.41, if the 
Agency determines the exemption is in the interest of the public and 
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. Individuals with limb impairments are permitted to operate 
a CMV, but only when they are otherwise qualified and are granted an 
SPE certificate by FMCSA. Section 381.310 establishes the procedures 
that persons must follow to request exemptions from the FMCSRs. Without 
an exemption, individuals who do not meet the requirements in Sec.  
391.41 would not be qualified to operate a CMV in interstate commerce. 
The application process for all medical exemptions currently provides 
for electronic collection of the application information by FMCSA for 
those applicants that choose to do so. They are able to fax or scan and 
email documents to FMCSA. In addition, the SPE Certificate Program 
maintains a database of application information and 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. The Agency 
requires all medical exemptions be renewed every 2 years to ensure that 
the granting of the exemption does not diminish safety under Sec.  
381.310. Exemption holders are required to submit annual medical 
information for review to ensure the driver continues to meet the 
physical qualification requirements. In the interest of highway safety, 
the medical examination, medical exemption, and SPE certificate renewal 
should not be performed less frequently.
    The National Registry requires MEs who perform 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 on the 
National Registry website to begin the certification process. This data 
is used to provide the public with contact information for those 
medical

[[Page 1596]]

professionals who are certified by FMCSA to perform interstate CMV 
driver physical qualification examinations. Less frequent collection of 
ME candidate test results and identity and eligibility information 
would mean fewer healthcare professionals attempting to become 
certified which would result in fewer certified MEs being available to 
the CMV driver and motor carrier population. This could place a huge 
burden on drivers and motor carriers to find certified MEs to perform 
their physical qualification examinations. Therefore, less frequent 
collection of ME candidate test results and identity and eligibility 
information is not an option. MEs must provide specific driver physical 
qualification examination information for every driver they examine on 
driver examination forms required by FMCSA and into the National 
Registry. Drivers must provide identification and health history 
information on the driver examination forms required by FMCSA. The 
purpose for providing this information is to enable the ME to determine 
if the driver meets the physical qualification standards under Sec.  
391.41 and to ensure that there are no disqualifying medical conditions 
that could adversely affect their safe driving ability or cause 
incapacitation constituting a risk to the public. If this information 
were not required, the threat to public safety would be immense and 
unacceptable.
    The National Registry 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 would mean drivers may not have been 
examined by a certified ME listed on the National Registry and they may 
no longer meet the physical qualifications standards of the FMCSRs even 
though they were previously certified as physically qualified.
    As a follow-on rule to the National Registry, the final rule titled 
``Medical Examiner's Certification Integration'' (80 FR 22790), 
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. FMSCA extended the compliance two 
additional times, and that date is now June 23, 2025, for several 
provisions of the final rule. Since the compliance date for these 
provisions occurs during this renewal period, the annual burden hours 
and costs are now being covered as part of this ICR.

Qualifications of Drivers; Diabetes Standard

    Under 49 CFR 391.41(b), drivers with a stable insulin regimen and 
properly controlled Insulin-Treated Diabetes Mellitus (ITDM) are 
permitted to operate CMVs in interstate commerce. An individual with 
ITDM is able to obtain an MEC from a certified ME for up to a maximum 
of 12 months if the (1) Treating Clinician (TC), the healthcare 
professional who manages and prescribes insulin for the treatment of 
the individual's diabetes, completes the Insulin-Treated Diabetes 
Mellitus Assessment Form, MCSA-5870, and attests to the certified ME 
that the individual maintains a stable insulin regimen and proper 
control of their diabetes, and (2) the certified ME determines that the 
individual meets FMCSA's physical qualification standards.
    FMCSA allows TCs to provide the Insulin-Treated Diabetes Mellitus 
Assessment Form, MCSA-5870, to the certified MEs, if the TCs choose to 
do so, using electronic communication such as fax or email. 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 25 percent of 
the forms will be transmitted electronically.

Qualifications of Drivers; Vision Standard

    Under 49 CFR 391.41(b), drivers who do not satisfy, with the worse 
eye, either FMCSA's existing distant visual acuity standard with 
corrective lenses or the field of vision standard, or both, in Sec.  
391.41(b)(10) are permitted to be physically qualified to operate a CMV 
in interstate commerce under specified conditions. The alternative 
vision standard adopted in the final rule uses a collaborative process 
for physical qualification. Before an individual may be medically 
certified under the alternative vision standard, the individual must 
have a vision evaluation conducted by an ophthalmologist or 
optometrist. The ophthalmologist or optometrist records the findings 
and provides specific medical opinions on the Vision Evaluation Report, 
Form MCSA-5871. Then, an ME performs an examination, considers the 
information provided on the Vision Evaluation Report, Form MCSA-5871, 
and determines whether the individual meets the alternative vision 
standard, as well as FMCSA's other physical qualification standards. If 
the ME determines the individual meets the physical qualification 
standards, the ME may issue an MEC for up to 12 months.
    FMCSA allows ophthalmologists and optometrists to provide the 
Vision Evaluation Report, Form MCSA-5871, to the certified MEs, if they 
choose to do so, using electronic communication such as fax or email. 
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 25 percent of the forms will be transmitted 
electronically.
    On September 17, 2024, FMCSA published a 60-day notice (89 FR 
76177) requesting comment on the renewal of this ICR. No comments were 
received in response to that notice.
    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, 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. 2025-00122 Filed 1-7-25; 8:45 am]
BILLING CODE 4910-EX-P
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