View Information Collection Request (ICR) Package

OMB Control No: 2126-0006	ICR Reference No: 202112-2126-001
Status: Historical Inactive	Previous ICR Reference No: 202109-2126-001
Agency/Subagency: DOT/FMCSA	Agency Tracking No:
Title: Medical Qualification Requirements
Type of Information Collection: Revision of a currently approved collection	Common Form ICR: No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 01/25/2022
Retrieve Notice of Action (NOA)	Date Received in OIRA: 12/08/2021
Terms of Clearance: Terms of the previous clearance remain in effect. OMB files this comment in accordance with 5 CFR 1320.11(c). This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of 1995. This action has no effect on any current approvals. When and if the agency submits the ICR associated with the final rule, the agency is reminded to follow the procedures in 5 CFR 1320 regarding collections associated with rules.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2024	36 Months From Approved	12/31/2024
Responses	35,544,723	0	35,544,723
Time Burden (Hours)	2,707,479	0	2,707,479
Cost Burden (Dollars)	0	0	0

Abstract: This request is a revision due to the Qualifications of Drivers; Vision Standard NPRM in order to permit individuals who cannot meet either FMCSA’s current distant visual acuity or field of vision standard or both in one eye to be physically qualified to operate a CMV in interstate commerce under specified conditions. Currently, such individuals are prohibited from driving CMVs in interstate commerce unless they obtain an exemption from FMCSA. The need for the Federal Vision Exemption Program would be eliminated by adding a new requirement for an ophthalmologist or optometrist to complete the Vision Evaluation Report, Form MCSA-5871, that would be provided to the certified ME. The collection is mandatory. IC-1: Physical Qualification Standards; MEs must provide driver medical exam information for drivers they examine on medical forms and in the National Registry. The ME must complete and furnish the original paper MEC to the driver. The driver must complete driver health history portion of the MER Form at least every 2 years. The motor carrier must file a MEC in DQ record. IC-2: Resolution of Medical Conflict; The medical conflict application provision allows 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. Motor carriers are required to submit an application to FMCSA for resolution (up to 3 cases a year) and attend a hearing (1 per year) if FMCSA deems necessary. IC-3: Medical Exemptions; FMCSA may grant a hearing or seizure exemption from a physical qualification standard. The driver is to complete an application for new exemption and exemption renewal every 2 years and the motor carrier is to copy and file the exemption in the DQ file. The vision exemption program would be eliminated if the proposed rule is finalized. IC4: Skill Performance Evaluation Certificate; The SPE Certificate program requires drivers to complete an application for the new SPE certificate, complete an application for renewal every 2 years, provide a copy of the MER Form and MEC to FMCSA, and for motor carriers to copy and file the SPE Certificate in the DQ record. IC-5: National Registry of Certified Medical Examiners; MEs are required to provide contact and employment data when registering to become a certified ME 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 daily, copies of MER forms, and MECs via the National Registry. IC-6: Medical Examiner’s Certification Integration Final Rule; as of June 22, 2021, the information for CDL/CLP drivers will be electronically transmitted to the SDLA by FMCSA for entry into the appropriate CDLIS driver record, eliminating the need for these drivers to provide the SDLA with the original paper MEC. FMCSA will electronically transmit medical information for all CMV drivers to the SDLAs, eliminating the requirement for drivers to provide it. The annual burden hours and costs are not covered in this supporting statement. IC-7: Qualifications of Drivers; Diabetes Standard; An individual with ITDM is able to obtain an MEC from an ME for up to a maximum of 12 months if the TC, the healthcare professional attests to the ME the individual maintains a stable insulin regimen and proper control of diabetes, and the ME determines the individual meets FMCSA’s physical qualification standards. IC-8: Qualifications of Drivers: Vision Standard; The Vision Evaluation Report, Form MCSA-5871, requires the collection and submission of detailed medical information related to drivers who cannot meet either the distant visual acuity or field of vision standard or both in one eye that FMCSA would not otherwise collect as part of the physical qualification processes.

Authorizing Statute(s): 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

Citations for New Statutory Requirements: 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)

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2126-AC21	Proposed rulemaking	86 FR 2344	01/12/2021

Federal Register Notices & Comments
Did the Agency receive public comments on this ICR? No

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The program change due agency discretion is a net decrease in information collection requirements associated with the Qualification of Drivers; Vision Standard proposed rule. IC3 had to be broken into IC3a, b, and c in order to remove the vision exemption, IC3a, and IC8 was added. The Qualifications of Drivers; Vision Standard proposed rule would add 482 annual burden hours and $39,717 annual salary costs. However, eliminating the Vision Exemption Program results in removing IC3a, 2,236 less annual burden hours and $69,136 less annual salary costs. Therefore, the proposed rule would provide a net decrease of 1,754 (482 - 2,236) in annual burden hours and $29,419 in salary costs. The program change in agency estimate is due to updated driver population, program statistics, National Registry statistics, and wage data. There was a program change of a decrease in 456,390 burden hours and a decrease of 8,345,473 respondents due to a decrease in respondents and hours in IC1, removing IC3 in order to divide it into IC3a, b, and c in order to remove IC3a; and IC-5 was removed in order to be broken into IC5a, b, c, and d in order to report changes in estimates. There is an overall decrease of 445,908 (-456,390+482) annual burden hours. The final rule is expected to be published in February 2022 and will bring all data up to date.

Annual Cost to Federal Government: $3,425,962

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination. Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination. Yes

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

Agency Contact: Robin Hamilton 202 366-0072

View ICR - OIRA Conclusion