The revision to the ICR is due to the
Agency’s development of a final rule titled Qualifications of
Drivers; Diabetes Standard to revise its regulations to eliminate
the blanket prohibition against insulin-dependent diabetic
individuals’ operation of CMVs in interstate commerce. The purpose
of the final rule is to permit drivers with a stable insulin
regimen and properly controlled insulin-treated diabetes mellitus
to operate CMVs in interstate commerce. The final rule eliminates
the need for the Diabetes Exemption Program and its IC-3a. It adds
a new IC requirement for the TC to complete a form, IC-7, titled
Insulin-Treated Diabetes Mellitus Assessment Form, MCSA-5870. The
TC provides the form to the certified ME. 5 comments were received
from the public on the form in response to a 60-day comment period
FR publication. IC-1: Physical Qualification Standards; MEs must
provide driver medical exam information for drivers they examine on
medical forms required by FMCSA and into the National Registry. The
ME can determine if the driver is medically qualified. IC-2:
Resolution of Medical Conflict; The medical conflict application
provision provides a mechanism for drivers and motor carriers to
request FMCSA to make a final decision to resolve conflicting
medical evaluations when either party does not accept the decision
of a medical specialist. FMCSA uses the information to determine if
the driver should or should not be qualified. IC-3: Medical
Exemptions; FMCSA may grant a vision, hearing, or seizure exemption
from a physical qualification standard. IC4: Skill Performance
Evaluation Certificate; Limb impairment individuals must file an
application for an SPE Certificate. IC-5: National Registry of
Certified Medical Examiners; MEs are required to provide contact
and employment data when registering to become a certified ME. 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 exams. MEs are required to submit the
results of each CMV driver medical exam they complete, copies of
MER forms, and MECs via the National Registry. IC-6(a): certified
MEs performing medical exams on CMV drivers are required to use a
newly developed MER Form, MCSA-5875, in place of the current MER
Form, to record the details and results of a CMV driver’s medical
exam and will be maintained by the ME. IC-6(b): certified MEs are
required to use Form MCSA-5876 for the MEC form to document the
driver has been medically examined and certified as physically
qualified to operate a CMV in interstate commerce. FMCSA will
provide MEC information via the CMV Driver Medical Examination
Results Form, MCSA-5850, for CDL/CLP drivers to the SDLA
electronically via CDLIS for entry into the appropriate CDL driver
record. IC-6(c): certified MEs are to report results of each
completed CMV drivers’ medical exam to FMCSA via the MCSA-5850,
including all CMV who are required to be medically certified to
operate in interstate commerce. IC-6(d): CLP/CDL
applicants/holders; FMCSA to electronically transmit the data
including driver identification, exam results, and restriction
information, from the National Registry system, to the SDLAs for
examinations performed, for entry into the appropriate CDL driver
record where it becomes an electronic version of the MEC. IC-6(e);
FMCSA to electronically transmit medical variance (exemptions,
skill performance evaluation certificates, and grandfathered
exemptions) information for all CMV drivers to the SDLAs. The
information originates with FMCSA who electronically transmits the
information for all CMV drivers from the National Registry to the
appropriate SDLAs.
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 4116 Name of Law: Safe, Accountable, Flexible,
Efficent Transportation Equity Act:: A legacy for Users
(SAFETEA-LU)
PL: Pub.L. 106 - 159 215 Name of Law: Motor
Carrier Safety Improvement Act of 1999 (MCSIA)
PL: Pub.L. 109 - 59 4129 Name of Law: Safe, Accountable, Flexible
and Efficient Transporataion Equity Act: A Legacy for
Users
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.