[Federal Register Volume 88, Number 71 (Thursday, April 13, 2023)]
[Notices]
[Pages 22517-22518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07823]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2021-0183]


Agency Information Collection Activities; New Information 
Collection Request: Non-Insulin-Treated Diabetes Mellitus Assessment 
Form, MCSA-5872

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department 
of Transportation (DOT).

ACTION: Notice and request for comments.

-----------------------------------------------------------------------

SUMMARY: 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-
insulin-treated 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 non-insulin-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/FMCSA-2021-0183/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.
    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 Sec.  391.41(b) \1\ set forth the

[[Page 22518]]

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 Sec.  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.
---------------------------------------------------------------------------

    \1\ 49 CFR 391.41; Physical qualifications for drivers. 
Available at https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-391/subpart-E.
---------------------------------------------------------------------------

    The FMCSRs in Sec.  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 Sec.  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 non-insulin-
treated diabetes mellitus. Examples include the loss of limb and limb 
impairment standards (Sec.  391.41(b)(1) and (2)); the cardiovascular 
standard (Sec.  391.41(b)(4)); the rheumatic, arthritic, orthopedic, 
muscular, neuromuscular, or vascular standard (Sec.  391.41(b)(7)); and 
the loss of consciousness standard (Sec.  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 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 Non-Insulin-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 Non-Insulin-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 non-insulin-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 Non-Insulin-Treated Diabetes 
Mellitus Assessment Form, MCSA-5872, will be used by the ME who 
requests completion of the form and will not be available to the 
public. The Non-Insulin-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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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


