The Department will respond to comments regarding this information collection in the final rule.
table that charts list comparision
Inventory as of this Action
Requested
Previously Approved
08/31/2018
36 Months From Approved
09/30/2018
34,722,151
0
34,722,151
2,633,702
0
2,633,702
0
0
0
The primary purpose of the Qualifications of Drivers: Diabetes Standard NPRM is to permit drivers with stable, well-controlled insulin-treated diabetes mellitus (ITDM) to operate commercial motor vehicles (CMVs) in interstate commerce. Currently, drivers with ITDM are prohibited from driving CMVs in interstate commerce unless they obtain an exemption from the Federal diabetes standard set forth in 49 CFR § 391.41(b)(3). The NPRM proposes to allow drivers with ITDM to operate a CMV in interstate commerce if the treating clinician (TC) provides documentation to the certified Medical Examiner (ME) that the condition is stable and well-controlled. The NPRM proposes to remove the information collection requirement for the Diabetes Exemption Program (IC-3a) and add a new information collection requirement for the TC to provide written notification to the ME following an examination of the driver.
This is a revision to the ICR because FMCSA is replacing the TC statement with a form (IC-7) titled Insulin-Treated Diabetes Mellitus Assessment Form to be completed by the TC and provided to the ME. The addition of this requirement will add 33,616 annual burden hours, however eliminating the Diabetes Exemption Program will result in 2,219 less annual burden hours. Therefore, the final rule would provide a net increase of 31,397 in annual burden hours.
This collection is mandatory. The entities who must respond are interstate CMV drivers, motor carriers, MEs, and TCs.
For IC-1, Physical Qualification Standards, a medical examination is to be performed on CMV drivers who operate in interstate commerce. The results of the examination shall be recorded. The motor carrier will retain the MEC in the driverâs qualification (DQ) file for 3 years.
For IC-2, Resolution of Medical Conflict, if two MEs disagree about the medical certification of a driver the applicant must 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 specialist is to provide a medical opinion of the driverâs qualification status that can be mutually agreed upon by the driver and the motor carrier. If there is further disagreement an application is to be submitted to FMCSA for resolution of the medical conflict.
For IC-3, Medical Exemptions for Vision, Hearing, Seizures, the Agency provides a template or form that drivers could use to apply for the exemptions. The templates outline all information and documents the applicant should include to be considered for an exemption and the criteria for approval. The drivers must maintain copies of the exemptions.
For IC-4, Skill Performance Evaluation (SPE) Certificate Program, persons who are not physically qualified to drive due to a limb impairment must file an application for and be issued a SPE certificate in order to be physically qualified. The motor carrier must retain a copy.
For IC-5, National Registry of Certified Medical Examiners Final Rule, MEs that conduct medical examinations for interstate CMV drivers ME candidates must pass a certification test administered by a FMCSA-approved testing organization that verifies eligibility and forwards test results to the National Registry. MEs are to transmit results of the driver's exam to the Registry.
For IC-6, Medical Examiner's Certification Integration Final Rule, modifies the requirements above.
For IC-7, Qualifications of Drivers: Diabetes Standard, allows drivers with ITDM to operate a CMV in interstate commerce if the TC completes a form and provides it the ME. This information is necessary for the ME, with input from the TC, to make a qualification determination.
There is reporting of information for ICs 1, 2 , 3, 4, 5, 6; record keeping for ICs 1, 3, 4, 5, 6; and disclosure for information for ICs 3,5, 6, 7. The collection frequency is several times throughout the year for all 7 ICs.
PL:
Pub.L. 109 - 59 4116
Name of Law: Safe, Accountable, Flexible, Efficent Transportation Equity Act:: A legacy for Users (SAFETEA-LU)
PL:
Pub.L. 109 - 59 4129
Name of Law: Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users
PL: Pub.L. 109 - 59 4129 Name of Law: Safe, Accountable, Flexible and Efficient Transporataion Equity Act: A Legacy for Users
PL: Pub.L. 106 - 159 215 Name of Law: Motor Carrier Safety Improvement Act of 1999 (MCSIA)
The Program change is due to a net increase in information collection requirements defined in the Qualification of Drivers: Diabetes Standard NPRM. The Qualifications of Drivers: Diabetes Standard proposes to add 33,616 annual burden hours and $2,823,744 annual salary costs, by adding IC7, the Insulin Treated Diabetes Mellitus Assessment Form. However, the need to eliminate the Diabetes Exemption Program, IC3a, where each applicant is to provide evaluations, reports, etc., to be exempted, results in 2,219 less annual burden hours and $68,645 less annual salary costs. Therefore, the final rule would provide a total increase of 31,397 in annual burden hours.
Additionally, as a result of the Medical Examinerâs Certification Integration final rule, the annual burden hours for IC-1 have decreased by 462,267 hours and the annual burden hours for IC-5 have decreased by 334,116 hours for a total of 796,383 less annual burden hours.
There was an increase of 575 burden hours due to an adjustment in Agency estimates for IC3 and IC4. Therefore the total change in burden hours due to an increase of 31,397 hours, a decrease of 796,383 hours, and an adjustment of 575 hours results in an overall decrease of 764,411 burden hours.
$2,458,602
No
Yes
Yes
No
No
No
Uncollected
Robin Hamilton 202 366-0072
Reginfo record details
No
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
C-1, Physical Qualification Standards