The Department
will respond to comments regarding this information collection in
the final rule.
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 driver’s 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 driver’s 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 Examiner’s 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
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.
Form MCS 5870 C-7, Qualifications of Drivers: Diabetes Standard
PRA 2126-0006 Supporting Statement for NPRM.docx
2126-0006 60-day FR for the Insulin-Treated Diabetes Mellitus Assessment Form.pdf
Section4116 of SAFETEA-LU(Public Law 109-59) 081005.doc
C-1, Physical Qualification Standards