74804 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Notices 

domestic procedures so as to allow 

Israel and Turkey to join the EGA 

negotiations. On October 20, 2014, the 

United States Trade Representative 

notified Congress of the 

Administration’s intent to join a 

consensus among EGA participants to 

invite the Government of Israel to join 

the EGA negotiations. With respect to 

the Government of Turkey, the United 

States Trade Representative sent a 

similar notification to Congress on 

November 20, 2014. 

The Chair of the TPSC invites 

interested persons to provide written 

comments that will assist USTR in 

assessing Israel’s and Turkey’s potential 

participation in the EGA negotiations. 

The TPSC Chair invites comments on all 

relevant matters, and, in particular, with 

regard to those environmental goods of 

which Israel and Turkey are significant 

producers and consumers, as well as 

current market conditions for 

environmental technologies in Israel 

and Turkey. 

USTR is observing the relevant 

procedures of the Bipartisan Trade 

Promotion Authority Act of 2002 (19 

U.S.C. 3804) with respect to notifying 

and consulting with Congress on the 

invitation of new members to these 

negotiations. 

Requirements for Submissions 

Persons submitting comments must 

do so in English and must identify (on 

the first page of the submission) 

‘‘Environmental Goods Agreement— 

New Participants: Israel and Turkey’’. In 

order to be assured of consideration, 

comments should be submitted by 11:59 

p.m., January 12, 2015. In order to 

ensure the timely receipt and 

consideration of comments, USTR 

strongly encourages commenters to 

make on-line submissions using the 

www.regulations.gov Web site. To 

submit comments via 

www.regulations.gov, enter docket 

number USTR–2014–0024 on the home 

page and click ‘‘search.’’ The site will 

provide a search-results page listing all 

documents associated with this docket. 

Find a reference to this notice and click 

on the link entitled ‘‘Comment Now!’’ 

(For further information on using the 

www.regulations.gov Web site, please 

consult the resources provided on the 

Web site by clicking on ‘‘How to Use 

This Site’’ on the left side of the home 

page). 

The www.regulations.gov Web site 

allows users to provide comments by 

filling in a ‘‘Type Comment’’ field, or by 

attaching a document using an ‘‘Upload 

File’’ field. USTR prefers that comments 

be provided in an attached document. If 

a document is attached, it is sufficient 

to type ‘‘See attached’’ in the ‘‘Type 

Comment’’ field. USTR prefers 

submissions in Microsoft Word (.doc) or 

Adobe Acrobat (.pdf). If the submission 

is in an application other than those 

two, please indicate the name of the 

application in the ‘‘Type Comment’’ 

field. For any comments submitted 

electronically containing business 

confidential information, the file name 

of the business confidential version 

should begin with the characters ‘‘BC’’. 

Any page containing business 

confidential information must be clearly 

marked ‘‘BUSINESS CONFIDENTIAL’’ 

on the top of that page. Filers of 

submissions containing business 

confidential information must also 

submit a public version of their 

comments. The file name of the public 

version should begin with the character 

‘‘P’’. The ‘‘BC’’ and ‘‘P’’ should be 

followed by the name of the person or 

entity submitting the comments or reply 

comments. Filers submitting comments 

containing no business confidential 

information should name their file using 

the name of the person or entity 

submitting the comments. Please do not 

attach separate cover letters to 

electronic submissions; rather, include 

any information that might appear in a 

cover letter in the comments 

themselves. Similarly, to the extent 

possible, please include any exhibits, 

annexes, or other attachments in the 

same file as the submission itself, not as 

separate files. 

As noted, USTR strongly urges 

submitters to file comments through 

www.regulations.gov, if at all possible. 

Any alternative arrangements must be 

made with Ms. Jamison in advance of 

transmitting a comment. Ms. Jamison 

should be contacted at (202) 395–3475. 

General information concerning USTR 

is available at www.ustr.gov. Comments 

will be placed in the docket and open 

to public inspection, except business 

confidential information. Comments 

may be viewed on the 

www.regulations.gov Web site by 

entering the relevant docket number in 

the search field on the home page. 

Douglas Bell, 

Chair, Trade Policy Staff Committee. 

[FR Doc. 2014–29388 Filed 12–15–14; 8:45 am] 

BILLING CODE 3290–F5–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2014–0430] 

Agency Information Collection 

Activities; Request for Comments; 

Revision of an Approved Information 

Collection: Medical Qualification 

Requirements 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice and request for 

comments. 

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 its 

review and approval and invites public 

comment. The FMCSA requests to 

revise an ICR entitled, ‘‘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 medical 

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. 

DATES: We must receive your comments 

on or before February 17, 2015. 

ADDRESSES: You may submit comments 

identified by Federal Docket 

Management System (FDMS) Docket 

Number FMCSA–2014–0430 using any 

of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: 1–202–493–2251. 

• Mail: Docket Services; U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE., West Building, 

Ground Floor, Room W12–140, 20590– 

0001. 

• Hand Delivery or Courier: West 

Building, Ground Floor, Room W12– 

140, 1200 New Jersey Avenue SE., 

Washington, DC, between 9 a.m. and 5 

p.m. e.t., Monday through Friday, 

except Federal holidays. 

Instructions: All submissions must 

include the Agency name and docket 

number. For detailed instructions on 

submitting comments and additional 

information on the exemption process, 

see the Public Participation heading 

below. Note that all comments received 

will be posted without change to 

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Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Notices 74805 

http://www.regulations.gov, including 

any personal information provided. 

Please see the Privacy Act heading 

below. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http://

www.regulations.gov, and follow the 

online instructions for accessing the 

dockets, or go to the street address listed 

above. 

Privacy Act: Anyone is able to search 

the electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement for the Federal Docket 

Management System published in the 

Federal Register on January 17, 2008 

(73 FR 3316), or you may visit http://

edocket.access.gpo.gov/2008/pdfE8- 

794.pdf. 

Public Participation: The Federal 

eRulemaking Portal is available 24 

hours each day, 365 days each year. You 

can obtain electronic submission and 

retrieval help and guidelines under the 

‘‘help’’ section of the Federal 

eRulemaking Portal Web site. If you 

want us to notify you that we received 

your comments, please include a selfaddressed, stamped envelope or 

postcard, or print the acknowledgement 

page that appears after submitting 

comments online. Comments received 

after the comment closing date will be 

included in the docket and will be 

considered to the extent practicable. 

FOR FURTHER INFORMATION CONTACT: 

Charles A. Horan III, Director, Office of 

Carrier, Driver, and Vehicle, Safety 

Standards, Department of 

Transportation, Federal Motor Carrier 

Safety Administration, West Building 

6th Floor, 1200 New Jersey Avenue SE., 

Washington, DC 20590. Telephone: 

202–366–2362; email charles.horan@

dot.gov. 

SUPPLEMENTARY INFORMATION: 

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 medical standards provide 

this assurance by requiring drivers to be 

examined and medically certified as 

physically and mentally qualified to 

drive. Therefore, information used to 

determine and certify driver medical 

fitness must be collected in order for our 

highways to be safe. 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 390–399. 

The estimate of the number of CMV 

drivers and motor carriers covered by 

the IC activities for Physical 

Qualification Standards and the 

National Registry of Certified Medical 

Examiners (National Registry) reflects 

both interstate drivers and motor 

carriers subject to the FMCSRs and 

intrastate drivers and motor carriers 

subject to compatible State regulations. 

Although Federal regulations do not 

require States to comply with the 

medical requirements in the FMCSRs, 

most States do mirror the Federal 

requirements. If intrastate CMV drivers 

are subject to Federal compatible State 

regulations, the Agency anticipates that 

it is likely that these drivers will use 

certified MEs on the National Registry 

for their medical qualification 

examinations. In addition, a small 

number of drivers transporting 8 or less 

migrant workers more than 75 miles in 

interstate commerce that are still subject 

to the medical certification 

requirements of 49 CFR 398 are 

included in this population. 

Below is a brief description of the 

included IC activities and how the 

information is used. 

Physical Qualification Standards 

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 

(CDL)/commercial learner’s permit 

(CLP) drivers transporting migrant 

workers (who must meet the physical 

qualification standards set forth in 49 

CFR 398.3). The FMCSRs covering 

driver physical qualification records are 

found at 49 CFR 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 49 CFR 391.51 and 398.3 

require that a motor carrier retain the 

Medical Examiner’s Certificate (MEC) 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 for onset of new 

conditions or changes in existing 

conditions that may adversely affect a 

driver’s ability to drive safely and/or 

cause incapacitation that could be a risk 

to public safety, periodic re-evaluation 

and recertification 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 Equity Act: A Legacy for 

Users (SAFETEA–LU, Pub. L. 109–59), 

enacted in 2005 and amended by the 

Moving Ahead for Progress in the 21st 

Century Act (MAP–21, Pub. L. 112–141) 

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 a 

ME from maintaining electronic records 

of the medical examinations he/she 

conducts. 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 Reports (MERs), and MECs 

would compromise FMCSA’s ability to 

determine ME compliance with FMCSA 

medical standards and guidelines in 

performing CMV driver medical 

examinations, which could result in 

MEs listed on the National Registry who 

should be removed and possibly drivers 

that don’t meet the physical 

qualification standards possessing a 

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 FMCSA to 

make a final decision to resolve 

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74806 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Notices 

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 

49 CFR 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 Skills 

Performance Evaluation (SPE) 

Certificates 

FMCSA may, on a case by case basis, 

grant a medical exemption from a 

physical qualification standard set forth 

in 49 CFR 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 a 

Skills Performance Evaluation (SPE) 

certificate by FMCSA. Title 49 CFR 

381.300 establishes the procedures that 

persons must follow to request 

exemptions from FMCSA safety 

regulations. Without an exemption, 

individuals who do not meet the 

requirements in 49 CFR 391.41 would 

not be qualified to operate a CMV in 

interstate commerce. The application 

process for all 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 

Diabetes and Vision Exemption 

Programs and the SPE Certificate 

Program maintain a database of 

application information. FMCSA must 

collect medical information about the 

driver’s medical condition in order to 

determine eligibility to receive an 

exemption or an SPE certificate. The 

Agency requires all exemptions be 

renewed every 2 years to ensure that the 

granting of the exemption does not 

diminish safety under 49 CFR 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, 

exemption, and SPE renewal should not 

be performed less frequently. 

The National Registry of Certified 

Medical Examiners (National Registry) 

The National Registry requires MEs 

that conduct medical examinations for 

interstate CMV drivers to complete 

training concerning FMCSA 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 Web site to begin the 

certification process. This data is used 

to provide the public with contact 

information for those medical 

professionals who are certified by 

FMCSA to conduct interstate CMV 

driver medical examinations. Less 

frequent collection of ME candidate test 

results and identity and eligibility 

information means that there are less 

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 

medical examinations. Therefore, less 

frequent collection of ME candidate test 

results and identity and eligibility 

information is not an option. MEs must 

provide specific driver medical 

examination information for every 

driver they examine on medical forms 

required by FMCSA and into the 

National Registry. Drivers must provide 

identification and health history 

information on medical forms required 

by FMCSA. The purpose for providing 

this information is to enable the ME to 

determine if the driver is medically 

qualified under 49 CFR 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 was 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. 

Title: Medical Qualification 

Requirements. 

OMB Control Number: 2126–0006. 

Type of Request: Revision of a 

currently approved information 

collection. 

Respondents: Commercial motor 

vehicle drivers, motor carriers, medical 

examiners, testing centers. 

Estimated Number of Respondents: 

4,623,000 CMV drivers, 540,000 motor 

carriers, 40,000 medical examiners, 

1,000 test centers). 

Expiration Date: July 31, 2015. 

Estimated Total Annual Burden: 

2,633,702 hours. This ICR is comprised 

of the following five information 

collection activities: 

Physical Qualification Standards 

2,080,350 annual burden hours 

Resolution of Medical Conflict 

11 annual burden hours 

Medical Exemptions 

4,580 annual burden hours 

SPE Certificate Program 

2,661 annual burden hours 

National Registry of Certified Medical 

Examiners 

546,100 annual burden hours 

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. The agency will summarize 

or include your comments in the request 

for OMB’s clearance of this information 

collection. 

Issued under the authority of 49 CFR 1.87 

on December 8, 2014. 

G. Kelly Regal, 

Associate Administrator for Office of 

Research and Information Technology and 

Chief Information Officer. 

[FR Doc. 2014–29288 Filed 12–15–14; 8:45 am] 

BILLING CODE 4910–EX–P 

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