[Federal Register Volume 87, Number 173 (Thursday, September 8, 2022)]
[Notices]
[Pages 55077-55078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments.
     Fax: (202) 493-2251.
     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: 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 https://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 https://www.regulations.gov, 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 www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.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. 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; 
[email protected].

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


