Agency Information Collection Activities; Information Collection Renewal: 391.41 CMV Driver Medication Form, OMB Control Number: 2126-0064 |
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Kelly Regal
Federal Motor Carrier Safety Administration
3 July 2019
[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:
charles.horan@dot.gov.
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]
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