60-Day FR

Federal Register / Vol. 88, No. 71 / Thursday, April 13, 2023 / Notices
IV. Conclusion
Based on its evaluation of the eight
renewal exemption applications,
FMCSA announces its decision to
exempt the following drivers from the
epilepsy and seizure disorders
prohibition in § 391.41(b)(8).
As of March 17, 2023, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), the following eight
individuals have satisfied the renewal
conditions for obtaining an exemption
from the epilepsy and seizure disorders
prohibition in the FMCSRs for interstate
CMV drivers (88 FR 13487):
Kenneth Elder (KY)
Demetris Furman (SD)
Scott Habeck (SD)
Todd Hines (OH)
Scotty Ready, Sr. (WI)
Harold Seaton (KY)
Thomas Smutnik (PA)
Tara Vanhorne (PA)
The drivers were included in docket
number FMCSA–2015–0323, FMCSA–
2016–007, FMCSA–2016–0008, FMCSA
2018–0052, FMCSA–2019–0036,
FMCSA–2020–0046, or FMCSA–2020–
0047. Their exemptions were applicable
as of March 17, 2023 and will expire on
March 17, 2025.
In accordance with 49 U.S.C.
31315(b), each exemption will be valid
for 2 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(e) and
31315(b).
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2023–07781 Filed 4–12–23; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration

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[Docket No. FMCSA–2021–0183]

Agency Information Collection
Activities; New Information Collection
Request: Non-Insulin-Treated Diabetes
Mellitus Assessment Form, MCSA–
5872
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice and request for
comments.
AGENCY:

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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
review and approval and invites public
comment on the approval of a new ICR
titled, Non-Insulin-Treated Diabetes
Mellitus Assessment Form, MCSA–
5872. This Information Collection (IC) is
voluntary and may be utilized by
medical examiners (MEs) responsible
for issuing Medical Examiner’s
Certificates, Form MCSA–5876, to
individuals diagnosed with non-insulintreated diabetes mellitus who operate
commercial motor vehicles (CMV) in
interstate commerce. MEs choosing to
use this IC will do so in an effort to
communicate with treating healthcare
providers who manage the diabetes care
of individuals diagnosed with noninsulin-treated diabetes mellitus who
operate CMVs. The information
obtained by MEs will assist them in
determining whether an individual
diagnosed with non-insulin-treated
diabetes mellitus meets FMCSA’s
physical qualification standards.
DATES: Comments must be received on
or before June 12, 2023.
ADDRESSES: You may submit comments
identified by Federal Docket
Management System Docket Number
FMCSA–2021–0183 using any of the
following methods:
• Federal eRulemaking Portal: Go to
www.regulations.gov/docket/FMCSA2021-0183/document. Follow the online
instructions for submitting comments.
• Mail: Dockets Operations, U.S.
Department of Transportation, 1200
New Jersey Avenue SE, West Building,
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery or Courier: Dockets
Operations, U.S. Department of
Transportation, 1200 New Jersey
Avenue SE, West Building, Ground
Floor, Room W12–140, Washington, DC
20590–0001, between 9 a.m. and 5 p.m.
ET Monday through Friday, except
Federal holidays. To be sure someone is
there to help you, please call (202) 366–
9317 or (202) 366–9826 before visiting
Dockets Operations.
• Fax: (202) 493–2251.
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 www.regulations.gov,
including any personal information
provided. Please see the Privacy Act
heading below.
SUMMARY:

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Docket: For access to the docket to
read background documents or
comments received, go to
www.regulations.gov, and follow the
online instructions for accessing the
docket, or go to the street address listed
above.
Privacy Act: In accordance with the
Paperwork Reduction Act, FMCSA
solicits comments from the public to
better inform the Agency about the
burden of the proposed ICR. FMCSA
posts these comments, without edit,
including any personal information the
commenter provides, to
www.regulations.gov, as described in
the system of records notice DOT/ALL
14 (Federal Docket Management
System), which can be reviewed at
www.transportation.gov/privacy.
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
‘‘FAQ’’ section of the Federal
eRulemaking Portal website.
FOR FURTHER INFORMATION CONTACT: Ms.
Christine A. Hydock, Chief, Medical
Programs Division, FMCSA, DOT, 1200
New Jersey Avenue SE, Room W64–224,
Washington, DC 20590–0001, (202) 366–
4001, [email protected]. Office
hours are from 8:30 a.m. to 5 p.m. ET
Monday through Friday, except Federal
holidays. If you have questions
regarding viewing or submitting
material to the docket, contact Dockets
Operations, (202) 366–9826.
SUPPLEMENTARY INFORMATION:
Background
The primary mission of FMCSA is to
reduce crashes, injuries, and fatalities
involving CMVs (large trucks and
buses). CMVs are longer, heavier, and
more difficult to maneuver than
automobiles. Not only does it take a
skilled driver to operate them safely, it
takes a physically and mentally fit
driver to do so as well. Information used
to determine and certify driver medical
fitness helps to promote and maintain
safety on our nation’s highways.
FMCSA is required by statute to
establish minimum 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 applicable to this collection
are outlined in the Federal Motor
Carrier Safety Regulations (FMCSRs) at
49 CFR part 391, subpart E. The
FMCSRs in § 391.41(b) 1 set forth the
1 49 CFR 391.41; Physical qualifications for
drivers. Available at https://www.ecfr.gov/current/

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Federal Register / Vol. 88, No. 71 / Thursday, April 13, 2023 / Notices

physical qualification standards that
individuals operating CMVs in
interstate commerce who are subject to
part 391 must meet. The FMCSRs
covering the performance of the CMV
physical qualification examination of
individuals who operate in interstate
commerce by an ME and the related
recordkeeping requirements are found at
§ 391.43. The results of the examination
must be recorded in accordance with
the requirements set forth in that
section; they include preparing and
maintaining a Medical Examination
Report Form, MCSA–5875, and, if the
individual is physically qualified,
issuing a Medical Examiner’s
Certificate, Form MCSA–5876.
The FMCSRs in § 391.41(b)(1) through
(13) generally include the physical
qualification standards required for the
medical certification of individuals who
operate a CMV in interstate commerce.
The physical qualification standards in
§ 391.46 address the physical
qualification requirements for medical
certification of individuals who are
diagnosed with diabetes mellitus and
are treated with insulin. However, the
FMCSRs do not specifically address
individuals who are diagnosed with
diabetes mellitus and are treated with
non-insulin therapy. The type of
diabetes mellitus that is not treated with
insulin (commonly known as Type 2
diabetes) is recognized as a health
concern for the general public.
Non-insulin-treated diabetes mellitus
that is not properly managed and
controlled may result in diabetes
complications and/or target organ
damage and in the individual’s physical
condition being inadequate to enable
the driver to operate a CMV safely. The
physical qualification standards in the
FMCSRs broadly address some of the
conditions and symptoms that may be
attributable to complications from noninsulin-treated diabetes mellitus.
Examples include the loss of limb and
limb impairment standards
(§ 391.41(b)(1) and (2)); the
cardiovascular standard (§ 391.41(b)(4));
the rheumatic, arthritic, orthopedic,
muscular, neuromuscular, or vascular
standard (§ 391.41(b)(7)); and the loss of
consciousness standard (§ 391.41(b)(8)).
In performing a thorough assessment
and evaluation of an individual
diagnosed with non-insulin-treated
diabetes mellitus, the ME may need to
consult with the individual’s treating
healthcare provider who manages the
individual’s diabetes. The ME may find
this helpful in determining whether the
individual has any medical conditions
title-49/subtitle-B/chapter-III/subchapter-B/part391/subpart-E.

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or symptoms, such as frequent episodes
of severe hypoglycemia, that may
prevent the individual from meeting the
physical qualification standards and
receiving a Medical Examiner’s
Certificate, Form MCSA–5876. This
voluntary collection would assist the
ME by ensuring that the treating
healthcare provider includes the
appropriate information, via the NonInsulin-Treated Diabetes Mellitus
Assessment Form, MCSA–5872, in a
standardized manner, which would
assist the ME in making an informed
and sound physical qualification
determination.
In May 2021, FMCSA’s Medical
Review Board (MRB) deliberated on the
topic and contents of a draft NonInsulin-Treated Diabetes Mellitus
Assessment Form, MCSA–5872 (Task
21–2). FMCSA directed the MRB to
review and comment on whether the
information on the proposed form
provided sufficient information
concerning the treatment, management,
and control of an individual’s noninsulin-treated diabetes mellitus
condition to assist a ME in making an
appropriate physical qualification
determination. The Agency also
requested that the MRB identify any
areas of ambiguity as well as additional
information that FMCSA should include
on the form. Based on its review, the
MRB made some recommendations to
improve the clarity and quality of
information on the Non-Insulin-Treated
Diabetes Mellitus Assessment Form,
MCSA–5872, which is provided from
the individual’s treating healthcare
provider to the ME.
There is no required collection
frequency for the Non-Insulin-Treated
Diabetes Mellitus Assessment Form,
MCSA–5872, because the use of this IC
is voluntary and at the discretion of the
ME.
The Non-Insulin-Treated Diabetes
Mellitus Assessment Form, MCSA–
5872, will be available as a fillable pdf
and may be downloaded from the
FMCSA website. Treating healthcare
providers may provide the form to the
individual, or fax or scan and email the
form directly to the ME. Consistent with
OMB’s commitment to minimizing
respondents’ recordkeeping and
paperwork burdens and the increased
use of secure electronic modes of
communication, the Agency anticipates
that approximately 50 percent of the
Non-Insulin-Treated Diabetes Mellitus
Assessment Forms, MCSA–5872, will be
transmitted electronically.
The information collected on the NonInsulin-Treated Diabetes Mellitus
Assessment Form, MCSA–5872, will be
used by the ME who requests

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completion of the form and will not be
available to the public. The NonInsulin-Treated Diabetes Mellitus
Assessment Form, MCSA–5872, will
become a part of the individual’s
physical qualification examination
records that are maintained and retained
by the ME for a period of at least 3 years
from the date of the examination.2
Title: Non-Insulin-Treated Diabetes
Mellitus Assessment Form, MCSA–
5872.
OMB Control Number: 2126–00XX.
Type of Request: New collection.
Respondents: Treating healthcare
providers of individuals who are
diagnosed with non-insulin treated
diabetes mellitus who operate CMVs.
Estimated Number of Respondents:
242,057 respondents.
Estimated Time per Response: 8
minutes.
Expiration Date: N/A. This is a new
ICR.
Frequency of Response: Other
(Voluntary use at the medical discretion
of the ME).
Estimated Total Annual Burden:
32,274 hours.
Public Comments Invited: You are
asked to comment on any aspect of this
IC, including: (1) whether the proposed
collection is necessary for FMCSA to
perform its 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.
Thomas P. Keane,
Associate Administrator, Office of Research
and Registration.
[FR Doc. 2023–07823 Filed 4–12–23; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2022–0233]

Crash Preventability Determination
Program
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).

AGENCY:

2 The burden for the ME to file and retain the
driver examination forms is covered in the Medical
Qualification Requirements ICR, OMB Control
Number 2126–0006, which is currently due to
expire on March 31, 2025.

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