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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
2126-0006
ICR Reference No:
201809-2126-001
Status:
Historical Active
Previous ICR Reference No:
201807-2126-001
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:
Approved with change
Conclusion Date:
11/20/2018
Retrieve Notice of Action (NOA)
Date Received in OIRA:
09/19/2018
Terms of Clearance:
Agency adjusted the accounting of the collection's burden.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
11/30/2021
36 Months From Approved
09/30/2019
Responses
31,582,513
0
31,581,609
Time Burden (Hours)
2,393,370
0
2,395,315
Cost Burden (Dollars)
155,302,782
0
0
Abstract:
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.
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
Final or interim final rulemaking
83 FR 47486
09/19/2018
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
82 FR 35041
07/27/2017
30-day Notice:
Federal Register Citation:
Citation Date:
83 FR 47486
09/19/2018
Did the Agency receive public comments on this ICR?
Yes
Number of Information Collection (IC) in this ICR:
7
IC Title
Form No.
Form Name
IC1 - Physical Qualification Standards
IC2 - Resolution of Medical Conflict
IC3 - Medical Exemptions Excluding the Diabetes Exemption Program
IC4 - Skill Performance Evaluation (SPE) Certificate Program
IC5 - National Registry Certified Medical Examiners
MCSA-5850
CMV Driver Medical Examination Results Form
IC6 - Medical Examiner's Certification Integration Final Rule
MCSA-5875 , MCSA-5876
Medical Examination Report Form Revised
,
Medical Examiner's Certificate Revised
IC7 - Insulin-Treated Diabetes Mellitus Assessment Form
MCSA 5870
Insulin-Treated Diabetes Mellitus Assessment Form
ICR Summary of Burden
Total Approved
Previously Approved
Change Due to New Statute
Change Due to Agency Discretion
Change Due to Adjustment in Estimate
Change Due to Potential Violation of the PRA
Annual Number of Responses
31,582,513
31,581,609
4,906
-4,002
0
0
Annual Time Burden (Hours)
2,393,370
2,395,315
654
-2,599
0
0
Annual Cost Burden (Dollars)
155,302,782
0
60,416
0
155,242,366
0
Burden increases because of Program Change due to Agency Discretion:
No
Burden Increase Due to:
Burden decreases because of Program Change due to Agency Discretion:
Yes
Burden Reduction Due to:
Changing Regulations
Short Statement:
The final rule proposes to add 654 annual burden hours and $60,417 annual salary costs. However, eliminating the Diabetes Exemption Program results in 2,599 less annual burden hours and $77,749 less annual salary costs. Therefore, the final rule would provide a net decrease of 1,945 (654 - 2599) in annual burden hours and $17,332 ($60,417 - $77,749) in salary costs from the proposed updated annual burden hours and costs. With previous submissions of this ICR, FMCSA reported annual cost burdens in supporting statements but inadvertently did not report annual cost burdens in ROCIS, therefore $155,302,782 in burden cost allowance is being requested, as shown in the table above.
Annual Cost to Federal Government:
$2,658,315
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
Common Form ICR:
No
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:
(a) It is necessary for the proper performance of agency functions;
(b) It avoids unnecessary duplication;
(c) It reduces burden on small entities;
(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
(f) It indicates the retention periods for recordkeeping requirements;
(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
(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;
(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
(i) It uses effective and efficient statistical survey methodology (if applicable); and
(j) It makes appropriate use of information technology.
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.
Certification Date:
09/19/2018
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