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OMB Control No: 2126-0006	ICR Reference No: 201710-2126-002
Status: Historical Inactive	Previous ICR Reference No: 201607-2126-003
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: 01/18/2018
Retrieve Notice of Action (NOA)	Date Received in OIRA: 11/29/2017
Terms of Clearance: The Department will respond to comments regarding this information collection in the final rule.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	08/31/2018	36 Months From Approved	09/30/2018
Responses	34,722,151	0	34,722,151
Time Burden (Hours)	2,633,702	0	2,633,702
Cost Burden (Dollars)	0	0	0

Abstract: 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.

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-AA95	Proposed rulemaking	80 FR 25260	05/15/2015

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	82 FR 35041	07/27/2017
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: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: 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.

Annual Cost to Federal Government: $2,458,602

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? Uncollected

Agency Contact: Robin Hamilton 202 366-0072

View ICR - OIRA Conclusion