60-day FR

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18640

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Daniel B. Shaw (FL)
John C. Thomas (IN)
Richard Wasko (FL)
Douglas E. Wilhoit (PA)
Richard A. Wilk (OH)
The drivers were included in docket
number FMCSA–2015–0338. Their
exemptions are applicable as of January
23, 2018, and will expire on January 23,
2020.
As of January 28, 2018, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 21 individuals
have satisfied the renewal conditions for
obtaining an exemption from the rule
prohibiting drivers with ITDM from
driving CMVs in interstate commerce
(74 FR 65836; 75 FR 4622; 80 FR 81667):
Bob A. Bauer (WI)
Michael P. Berger (ND)
William D. Blosch (GA)
Victor M. Brunner (WI)
Tom L. Cooley (KS)
Robert G. Dohman, Jr. (ND)
Danny E. Edmonson (GA)
Andrew C. Everett (AZ)
Donald W. Hansen (ND)
Joseph S. Hernandez (NM)
Jordan T. Johnston (IN)
Jere W. Kirkpatrick (OH)
Kyle A. Leach (NE)
Robert J. Lewis, Jr. (VT)
Stacy R. Oberholzer (PA)
Michael S. Ogle (GA)
Walter L. Patrick (TN)
Richard A. Piercefield, Sr. (MI)
Kevin A. Roginski (PA)
Bruce M. Stockton (MO)
Todd R. Vickers (MD)
The drivers were included in docket
number FMCSA–2009–0290. Their
exemptions are applicable as of January
28, 2018, and will expire on January 28,
2020.
As of January 29, 2018, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 53 individuals
have satisfied the renewal conditions for
obtaining an exemption from the rule
prohibiting drivers with ITDM from
driving CMVs in interstate commerce
(78 FR 68139; 79 FR 4807; 80 FR 81415;
80 FR 81667):
Elmer W. Barrall (DE)
Earl Bland (MO)
Kevin Bracken (PA)
Donald L. Callahan (KY)
Robert A. Collins (NJ)
Michael A. Craig (NC)
Roderick E. Dean (NJ)
Edward C. DeFrancesco (CT)
Eugene N. Dirl (PA)
Kevin F. Dykes (MA)
Jonathan Eggers (MN)
Richard L. Engle (KY)
Christopher J. Frank (NY)
Matthew E. Fry (KS)
Gilbert N. Fugate (IN)

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Scott C. Garbiel (ME)
Al Glover, Jr. (LA)
Jimmy H. Goacher (NC)
Jim B. Gonzalez (OR)
William F. Hamann (KY)
Nathaniel K. Hamilton (TX)
Michael D. Henry (OH)
Jon C. Hicks (PA)
Kevin F. Hoffman (PA)
Jerry A. Huffman (NC)
Daurell A. Jones (MD)
Jerry J. Klosterman (OH)
Joseph E. Kolb (NY)
Larry C. Krueger (NE)
Chad M. Kuck (AK)
Craig A. Lemponen (OH)
Donald R. Leonard, Jr. (NH)
Matthew P. Ludwig (NY)
Keith B. Masters (NH)
Sandra R. Moultrie (GA)
Jeffrey A. Olson (IA)
Howard L. Peacock (KS)
Chauncey W. Pittman (IN)
Brandon C. Rhinehart (MD)
James E. Richardson (NY)
Gerald C. Rosencrans (PA)
Henry J. Russo (NJ)
Richard G. Schumann (NJ)
Donald R. Sine, Jr. (WV)
Jefferson L. Smith (MA)
Troy T. Sunnarborg (MN)
Dennis E. Taunton (ID)
Phillip A. Trent (VA)
Deborah D. Watson (MI)
Ronnie C. Webb (MT)
William R. White (MI)
Curtis L. Worsfold (NE)
Jason D. Zagorski (NC)
The drivers were included in docket
numbers FMCSA–2013–0191; FMCSA–
2015–0340. Their exemptions are
applicable as of January 29, 2018, and
will expire on January 29, 2020.
In accordance with 49 U.S.C. 31315,
each exemption will be valid for two
years from the effective date unless
revoked earlier by FMCSA. The
exemption will be revoked if the
following occurs: (1) The person fails to
comply with the terms and conditions
of the exemption; (2) the exemption has
resulted in a lower level of safety than
was maintained prior to being granted;
or (3) continuation of the exemption
would not be consistent with the goals
and objectives of 49 U.S.C. 31136 and
31315.
Issued on: April 18, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018–08920 Filed 4–26–18; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2018–0119]

Agency Information Collection
Activities; Request for Comments;
Revision and Renewal of an Approved
Information Collection: Medical
Qualification Requirements
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice and request for
comments.
AGENCY:

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 and 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.
DATES: We must receive your comments
on or before June 26, 2018.
ADDRESSES: You may submit comments
identified by Federal Docket
Management System (FDMS) Docket
Number FMCSA–2018–0119 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, see the Public
Participation heading below. Note that
all comments received will be posted
without change to http://
www.regulations.gov, including any
SUMMARY:

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Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Notices
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/pdfE8794.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 website. 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: 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., e.t.,
Monday through Friday, except Federal
holidays. If you have questions
regarding viewing or submitting
material to the docket, contact Docket
Services, telephone (202) 366–9826.
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

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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 390–399.
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/commercial learner’s permit
(CDL/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),
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 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 Act: A Legacy for Users
requires MEs to transmit to FMCSA’s
Chief Medical Officer, electronically
and on a monthly basis, driver

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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 Report Forms, MCSA–
5875, and MECs would compromise
FMCSA’s ability to determine ME
compliance with FMCSA’s physical
qualification standards and guidelines
in performing CMV driver medical
examinations, which could result in
MEs listed on the National Registry of
Certified Medical Examiners 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
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.

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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
381.310 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. 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 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.

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The National Registry of Certified
Medical Examiners (National Registry)
The National Registry requires MEs
that conduct physical qualification
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
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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
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.
As a follow-on rule to the National
Registry, the Medical Examiner’s
Certification Integration final rule, (80
FR 22790), modified several of the
requirements adopted in the National
Registry final rule, some of which have
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

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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 of June 22, 2018, draws
nearer, FMCSA has reluctantly
concluded that it will not be able to
electronically transmit MEC information
from the National Registry to the SDLAs
nor will the SDLAs be able to
electronically receive the MEC
information from the National Registry
for posting to the CDLIS driver record as
intended by the Medical Examiner’s
Certification Integration final rule. Due
to a number of delays including an
incident that occurred in early
December 2017 causing the Agency to
take the National Registry offline
leading to interruptions in the
development of the process for the
electronic transmission of MEC
information and medical variances, the
final specifications for the electronic
transmission of MEC information have
not been completed. Under these
circumstances, neither the Agency nor
the stakeholders would be able to rely
on the CDLIS driver record as official
proof of medical certification unless
MEs continue to issue the original paper
MEC to qualified drivers and drivers
continue to provide the MEC to the
SDLAs, as is being done presently. All
of the functions regarding electronic
transmission of data that are to be
implemented on June 22, 2018, are
dependent upon the implementation of
information technology infrastructure
that will not be available on June 22,
2018. For this reason, FMCSA
anticipates extending the compliance
date to June 22, 2021, to ensure that the
SDLAs have sufficient time once the
final specifications are released to make
the necessary information technology
programming changes. However,
beginning on June 2, 2018, certified MEs
will still be required to report results of
all completed CMV drivers’ medical
examinations (including the results of
examinations where the driver was
found not to be qualified) to FMCSA by
midnight (local time) of the next
calendar day following the examination
but must continue issuing the original
paper MEC to qualified drivers. All
CMV drivers will continue to provide
the SDLA with their MEC as proof of
medical certification. As a result of this
anticipated extension, there are no
additional annual burden hours or costs
to respondents imposed by the Medical
Examiner’s Certification Integration

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final rule during the first 6 years of
implementation of the final rule.
Therefore, all the IC activities imposed
on the MEs, drivers, and motor carriers
over the first 6 years of implementing
the Medical Examiner’s Certification
Integration final rule will remain
unchanged.
Title: Medical Qualification
Requirements.
OMB Control Number: 2126–0006.
Type of Request: Revision and
renewal of a current approved
information collection Respondents:
Commercial motor vehicle drivers,
motor carriers, medical examiners,
testing centers.
Estimated Number of Respondents:
65,503,280.
Expiration Date: August 31, 2018.
Estimated Total Annual Burden:
2,395,315 hours.
This information collection is
comprised of the following five
information collection activities:
Physical Qualification Standards
1,892,700 annual burden hours
4,813,510 annual respondents
Resolution of Medical Conflict
11 annual burden hours
3 annual respondents
Medical Exemptions
4,430 annual burden hours
7,332 annual respondents
SPE Certificate Program
2,714 annual burden hours
2,426 annual respondents

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National Registry of Certified Medical
Examiners
495,460 annual burden hours
680,009 annual respondents
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: April 20, 2018.
Kelly Regal,
Associate Administrator for Office of
Research and Information Technology.
[FR Doc. 2018–08919 Filed 4–26–18; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2009–0294; FMCSA–
2011–0326; FMCSA–2011–0327; FMCSA–
2011–0367; FMCSA–2013–0192; FMCSA–
2015–0340; FMCSA–2015–0341]

Qualification of Drivers; Exemption
Applications; Diabetes
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:

FMCSA announces its
decision to renew exemptions for 53
individuals from its prohibition in the
Federal Motor Carrier Safety
Regulations (FMCSRs) against persons
with insulin-treated diabetes mellitus
(ITDM) from operating commercial
motor vehicles (CMVs) in interstate
commerce. The exemptions enable these
individuals with ITDM to continue to
operate CMVs in interstate commerce.
DATES: Each group of renewed
exemptions were applicable on the
dates stated in the discussions below
and will expire on the dates stated in
the discussions below.
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 from 8:30 a.m. to 5:30 p.m.,
e.t., Monday through Friday, except
Federal holidays. If you have questions
regarding viewing or submitting
material to the docket, contact Docket
Services, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:

I. Electronic Access
You may see all the comments online
through the Federal Document
Management System (FDMS) at: http://
www.regulations.gov.
Docket: For access to the docket to
read background documents or
comments, go to http//
www.regulations.gov and/or Room
W12–140 on the ground level of the
West Building, 1200 New Jersey
Avenue, SE, Washington, DC, between 9
a.m. and 5 p.m., e.t., Monday through
Friday, except Federal holidays.
Privacy Act: In accordance with 5
U.S.C. 553(c), DOT solicits comments
from the public to better inform its
rulemaking process. DOT posts these
comments, without edit, including any
personal information the commenter
provides, to http://www.regulations.gov,
as described in the system of records

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notice (DOT/ALL–14 FDMS), which can
be reviewed at http://www.dot.gov/
privacy.
II. Background
On February 14, 2018, FMCSA
published a notice announcing its
decision to renew exemptions for 53
individuals from the insulin-treated
diabetes mellitus prohibition in 49 CFR
391.41(b)(3) to operate a CMV in
interstate commerce and requested
comments from the public (83 FR 6722).
The public comment period ended on
March 16, 2018, and no comments were
received.
As stated in the previous notice,
FMCSA has evaluated the eligibility of
these applicants and determined that
renewing these exemptions would
achieve a level of safety equivalent to or
greater than the level that would be
achieved by complying with the current
regulation 49 CFR 391.41(b)(3).
The physical qualification standard
for drivers regarding diabetes found in
49 CFR 391.41(b)(3) states that a person
is physically qualified to drive a CMV
if that person has no established
medical history or clinical diagnosis of
diabetes mellitus currently requiring
insulin for control.
III. Discussion of Comments
FMCSA received no comments in this
preceding.
IV. Conclusion
Based upon its evaluation of the 53
renewal exemption applications and
comments received, FMCSA confirms
its’ decision to exempt the following
drivers from the rule prohibiting drivers
with ITDM from driving CMVs in
interstate commerce in 49 CFR
391.41(b)(3):
In accordance with 49 U.S.C. 31136(e)
and 31315, the following groups of
drivers received renewed exemptions in
the month of February and are
discussed below:
As of February 1, 2018, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following three individuals
have satisfied the renewal conditions for
obtaining an exemption from the rule
prohibiting drivers with ITDM from
driving CMVs in interstate commerce
(80 FR 81415; 81 FR 45213): Douglas E.
Hensley, (MO); John K. Moorhead, (KY);
Hugh S. Wacker, (IL).
The drivers were included in docket
number FMCSA–2015–0340. Their
exemptions are applicable as of
February 1, 2018, and will expire on
February 1, 2020.
As of February 6, 2018, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following six individuals

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