[Federal Register Volume 84, Number 128 (Wednesday, July 3, 2019)]
[Notices]
[Pages 31980-31982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14228]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0101]


Agency Information Collection Activities; Information Collection 
Renewal: 391.41 CMV Driver Medication Form, OMB Control Number: 2126-
0064

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

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA 
announces its plan to submit the renewal Information Collection Request 
(ICR) described below to the Office of Management and Budget (OMB) for 
its review and approval and invites public comment. This Information 
Collection (IC) is voluntary and may be utilized by Medical Examiners 
(MEs) responsible for issuing Medical Examiner's Certificates (MECs) to 
commercial motor vehicle (CMV) drivers. MEs that choose to use this IC 
do so in an effort to communicate with treating healthcare 
professionals who are responsible for prescribing certain medications, 
so that the ME fully understands the reasons the medications have been 
prescribed. The information obtained by the ME when utilizing this IC 
assists the ME in determining if the driver is medically qualified 
under 49 CFR 391.41 and ensures that there are no disqualifying medical 
conditions or underlying medical conditions and prescribed medications 
that could adversely affect their safe driving ability or cause 
incapacitation constituting a risk to the public. FMCSA requests 
approval to renew an ICR titled, ``391.41 CMV Driver Medication Form.''

DATES: We must receive your comments on or before September 3, 2019.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Docket Number FMCSA-2019-0101 using any of the 
following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Docket 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: 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.
    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 http://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 http://www.regulations.gov, and follow the 
online instructions for accessing the dockets, or go to the street 
address listed above.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
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--FDMS), which can be reviewed at 
www.transportation.gov/privacy.

[[Page 31981]]

    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 ``help'' section 
of the Federal eRulemaking Portal website. If you want us to notify you 
that we received your comments, please include a self-addressed, 
stamped envelope or postcard, or print the acknowledgement page that 
appears after submitting comments online. Comments received after the 
comment closing date will be included in the docket and will be 
considered to the extent practicable.

FOR FURTHER INFORMATION CONTACT: Mr. Charles A. Horan III, Director, 
Office of Carrier, Driver, and Vehicle, Safety Standards, U.S. 
Department of Transportation, Federal Motor Carrier Safety 
Administration, West Building 6th Floor, 1200 New Jersey Avenue SE, 
Washington, DC 20590. Telephone: 202-366-2362; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 
    Background: The primary mission of the Federal Motor Carrier Safety 
Administration (FMCSA) is to reduce crashes, injuries, and fatalities 
involving large trucks and buses. The Secretary of Transportation has 
delegated to FMCSA its responsibility under 49 U.S.C. 31136 and 31502 
to prescribe regulations that ensure CMVs are operated safely. As part 
of this mission, the Agency's Medical Programs Division works to ensure 
that CMV drivers engaged in interstate commerce are physically 
qualified and able to safely perform their work.
    Information used to determine and certify that a driver meets the 
physical qualification standards must be collected in order for our 
highways to be safe. FMCSA is the Federal government agency authorized 
to require the collection of this information and the authorizing 
regulations are located at 49 CFR 390-399. FMCSA is required by statute 
to establish 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 discussing this 
collection are outlined in the Federal Motor Carrier Safety Regulations 
(FMCSRs) at 49 CFR 390-399. The FMCSRs at 49 CFR 391.41 set forth the 
physical qualification standards that interstate CMV drivers who are 
subject to part 391 must meet, with the exception of commercial 
driver's license/commercial learner's permit holders transporting 
migrant workers (who must meet the physical qualification standards set 
forth in 49 CFR 398.3). The FMCSRs covering driver physical 
qualification records are found at 49 CFR 391.43, which specify that a 
medical examination be performed on CMV drivers subject to part 391 who 
operate in interstate commerce. The results of the examination must be 
recorded in accordance with the requirements set forth in that section.
    The physical qualification standard regarding the use of drugs and 
substances in 49 CFR 391.41(b)(12) states that a person is physically 
qualified to drive a CMV if that person does not use any drug or 
substance identified in 21 CFR 1308.11 Schedule I, an amphetamine, a 
narcotic, or other habit-forming drug; and does not use any non-
Schedule I drug or substance that is identified in the other Schedules 
in 21 part 1308 except when the use is prescribed by a licensed medical 
practitioner, as defined in 49 CFR 382.107, who is familiar with the 
driver's medical history and has advised the driver that the substance 
will not adversely affect the driver's ability to safely operate a CMV.
    In 2006, FMCSA's Medical Review Board (MRB) deliberated on the 
topic of the use of Schedule II medications. The MRB considered 
information provided in a 2006 FMCSA sponsored Evidence Report and a 
subsequent Medical Expert Panel (MEP) to examine the relationship 
between the licit use of a Schedule II drug and the risk for a motor 
vehicle crash. In 2013, FMCSA tasked the MRB with updating the opinions 
and recommendations of the 2006 Evidence Report and MEP.
    On September 10, 2013, the MRB and Motor Carrier Safety Advisory 
Committee (MCSAC) met jointly to hear presentations on the licit use of 
Schedule II medications and their regulation, and on U.S. Department of 
Transportation drug and alcohol testing protocols. Subsequently, the 
committees engaged in a discussion on the issue as it applies to CMV 
drivers. On September 11, 2013, the MRB discussed the issue in greater 
detail as its task to present a letter report to the Agency relating to 
CMV drivers and Schedule II medication use and to develop a form for 
MEs on the National Registry of Certified Medical Examiners (National 
Registry) to send to treating clinicians of CMV drivers to expound on 
the use of these medications by driver applicants. On October 22, 2013, 
the MRB submitted their recommendations to FMCSA.
    A MEP convened to provide an updated opinion on ``Schedule II 
Opioids and Stimulants & CMV Crash Risk and Driver Performance.'' The 
FMCSA revised the task of the MRB instructing them to review an updated 
evidence report and the MEP opinion that was furnished subsequent to 
its deliberations on ``Schedule II Opioids and Stimulants & CMV Crash 
Risk and Driver Performance: Evidence Report and Systematic Review.'' 
FMCSA directed the MRB to consider this report's findings and confer 
with the MCSAC on this topic during a joint meeting in October 2014. 
The MRB met in public meetings on July 29-30, 2014, and developed 
Schedule II medication recommendations. The MRB presented these 
recommendations to the MCSAC in a joint public meeting on October 27, 
2014, where they were deliberated by both committees. As a result, 
FMCSA's MRB and MCSAC provided joint recommendations related to the use 
of Schedule II medications by CMV drivers.
    Because there is moderate evidence to support the contention that 
the licit use of opioids increases the risk of motor vehicle crashes 
and impacts indirect measures of driver performance negatively,\1\ 
included was the recommendation that FMCSA develop a standardized 
medication questionnaire to assist the certified ME when reviewing 
prescription medications that have been disclosed during the history 
and physical examination for CMV driver certification. The two advisory 
groups recommended to FMCSA that the standardized CMV driver medication 
questionnaire be voluntary and include the following information and 
questions:
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    \1\ Schedule II Opioids and Stimulants & CMV Crash Risk and 
Driver Performance: Evidence Report and Systematic Review.
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    1. Questionnaire should be titled, ``391.41 CMV Driver Medication 
Questionnaire.''
    2. Questionnaire should request the following information:
    a. Identifying name and date of birth of the CMV driver.
    b. Introductory paragraph stating purpose of the CMV Driver 
Medication Report.
    c. Statements of 391.41(b)(12) (Physical Qualifications of Drivers 
relating to driver use of scheduled substances) and The Driver's Role, 
as found in the Medical Examination Report form found at the end of 49 
CFR 391.43 (Medical Examination; Certificate of Physical Examination).
    d. Name, state of licensure, signature, address, and contact 
information of the prescribing healthcare provider, as well as the date 
the form was completed.
    e. Name, signature, date, address, and contact information of the 
certified ME.

[[Page 31982]]

    3. Report should include the following questions:
    a. Question 1--List all medications and dosages that you have 
prescribed to the above named individual.
    b. Question 2--List any other medications and dosages that you are 
aware have been prescribed to the above named individual by another 
treating healthcare provider.
    c. Question 3--What medical conditions are being treated with these 
medications?
    d. Question 4--It is my medical opinion that, considering the 
mental and physical requirements of operating a CMV and with awareness 
of a CMV driver's role (consistent with The Driver's Role statement on 
page 2 of the form), I believe my patient: (a) Has no medication side 
effects from medication(s) that I prescribe that would adversely affect 
the ability to operate a CMV safely; and (2) has no medical 
condition(s) that I am treating with the above medication(s) that would 
adversely affect the ability to operate a CMV safely.
    The public interest in, and right to have, safe highways requires 
the assurance that drivers of CMVs can safely perform the increased 
physical and mental demands of their duties. FMCSA's physical 
qualification standards provide this assurance by requiring drivers to 
be examined and medically certified as physically and mentally 
qualified to drive.
    The purpose for this voluntary collection of information is to 
assist the ME in determining if the driver is medically qualified under 
49 CFR 391.41 and to ensure that there are no disqualifying medical 
conditions that could adversely affect their safe driving ability or 
cause incapacitation constituting a risk to the public. 49 CFR 
391.41(b)(12) states that a person is physically qualified to drive a 
CMV if that person does not use any drug or substance identified in 21 
CFR 1308.11 Schedule I, an amphetamine, a narcotic, or other habit-
forming drug; and does not use any non-Schedule I drug or substance 
that is identified in the other Schedules in 21 part 1308 except when 
the use is prescribed by a licensed medical practitioner, as defined in 
49 CFR 382.107, who is familiar with the driver's medical history and 
has advised the driver that the substance will not adversely affect the 
driver's ability to safely operate a CMV.
    The use of this IC is at the discretion of the ME and facilitates 
communication with treating healthcare professionals who are 
responsible for prescribing certain medications so that the ME fully 
understands the reasons the medications have been prescribed. This 
information assists the ME in determining whether the underlying 
medical condition and the prescribed medication will impact the 
driver's safe operation of a CMV. Therefore, there is no required 
collection frequency.
    The ``391.41 CMV Driver Medication Form, MCSA-5895'' may be 
downloaded from the FMCSA website. Prescribing healthcare providers are 
also able to fax or scan and email the report to the certified ME. 
Consistent with the OMB's commitment to minimizing respondents' 
recordkeeping and paperwork burdens and the increased use of secure 
electronic modes of communication, the Agency believes that 
approximately 50 percent of the ``391.41 CMV Driver Medication Forms, 
MCSA-5895'' are transmitted electronically.
    The information collected from the ``391.41 CMV Driver Medication 
Form, MCSA-5895'' is used by the certified ME that requested the 
completion of the form and is attached to the ``Medical Examination 
Report Form, MCSA-5875'' which becomes part of the CMV driver's record 
maintained by the certified ME. Therefore, the information is not 
available to the public. The FMCSRs covering driver physical 
qualification records are found at 49 CFR 391.43, which specify that a 
medical examination be performed on CMV drivers subject to part 391 who 
operate in interstate commerce. The results of the examination must be 
recorded in accordance with the requirements set forth in that section. 
MEs are required to maintain records of the CMV driver medical 
examinations they conduct.
    Title: 391.41 CMV Driver Medication Form.
    OMB Control Number: 2126-0064.
    Type of Request: Renewal of a currently approved collection.
    Respondents: Prescribing healthcare professionals.
    Estimated Number of Respondents: Up to 1,223,470 (total number of 
prescribing healthcare providers in the U.S.)
    Estimated Number of Responses: Up to 1,967,006 (total number of CMV 
drivers that may be asked by a certified ME to have the ``391.41 CMV 
Driver Medication Form, MCSA-5895'' completed by a prescribing 
healthcare provider).
    Estimated Time per Response: 8 minutes.
    Expiration Date: January 31, 2020.
    Frequency of Response: Voluntary.
    Estimated Total Annual Burden: 262,267 hours.
    Public Comments Invited: You are asked to comment on any aspect of 
this information collection, including: (1) Whether the proposed 
collection is necessary for the performance of FMCSA's 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 on: June 25, 2019.
Kelly Regal,
Associate Administrator for Office of Research and Information 
Technology.
[FR Doc. 2019-14228 Filed 7-2-19; 8:45 am]
 BILLING CODE 4910-EX-P