Notice2022-19438
Agency Information Collection Activities; Renewal of an Approved Information Collection: 391.41 CMV Driver Medication Form
Primary source
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Published
September 8, 2022
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
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 review and approval and invites public comment. FMCSA requests approval to renew an ICR titled, "391.41 CMV Driver Medication Form." 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 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 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.
Full Text
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<title>Federal Register, Volume 87 Issue 173 (Thursday, September 8, 2022)</title>
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[Federal Register Volume 87, Number 173 (Thursday, September 8, 2022)]
[Notices]
[Pages 55077-55078]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-19438]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2022-0133]
Agency Information Collection Activities; Renewal of an Approved
Information Collection: 391.41 CMV Driver Medication Form
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (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
review and approval and invites public comment. FMCSA requests approval
to renew an ICR titled, ``391.41 CMV Driver Medication Form.'' 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 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 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.
DATES: Comments on this notice must be received on or before November
7, 2022.
ADDRESSES: You may submit comments identified by Federal Docket
Management System Docket Number FMCSA-2022-0133 using any of the
following methods:
<bullet> Federal eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
Follow the online instructions for submitting comments.
<bullet> Fax: (202) 493-2251.
<bullet> Mail: Dockets Operations; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
<bullet> Hand Delivery or Courier: U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building,
[[Page 55078]]
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, and follow the
online instructions for accessing the docket, or go to the street
address listed above.
Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its PRA decision-making process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to <a href="http://www.regulations.gov">www.regulations.gov</a>, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
<a href="http://www.dot.gov/privacy">www.dot.gov/privacy</a>.
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. 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: Ms. Christine A. Hydock, Medical
Programs Division, DOT, FMCSA, West Building 6th Floor, 1200 New Jersey
Avenue SE, Washington, DC 20590-0001; (202) 366-0421;
<a href="/cdn-cgi/l/email-protection#5e3d362c372d2a37303b7036273a313d351e3a312a70393128"><span class="__cf_email__" data-cfemail="e1828993889295888f84cf8998858e828aa1858e95cf868e97">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background: FMCSA's primary mission 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.
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 IC is to assist the ME in
determining if the driver is medically qualified under Sec. 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. Under 49 CFR 391.41(b)(12), 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 CFR part 1308 except when the use is prescribed by a
licensed medical practitioner, as defined in Sec. 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 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. The ``391.41 CMV Driver Medication Form, MCSA-
5895,'' is attached to the ``Medical Examination Report Form, MCSA-
5875,'' which becomes part of the CMV driver's record maintained by the
certified ME. The information is not available to the public. The
Federal Motor Carrier Safety Regulations covering driver physical
qualification records are found at Sec. 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 1,163,160 (total number of
prescribing healthcare providers in the U.S.).
Estimated Time per Response: 8 minutes.
Expiration Date: April 30, 2023.
Frequency of Response: Other (use of this IC is optional so there
is no required collection frequency).
Estimated Total Annual Burden: 279,465 hours.
Public Comments Invited: You are asked to comment on any aspect of
this IC, 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 ICR.
Issued under the authority of 49 CFR 1.87.
Thomas P. Keane,
Associate Administrator, Office of Research and Registration.
[FR Doc. 2022-19438 Filed 9-7-22; 8:45 am]
BILLING CODE 4910-EX-P
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