80 FR 73871 - Agency Information Collection Activities; New Information Collection Request: 391.41 CMV Driver Medication Form
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 80, Issue 227 (November 25, 2015)
Federal Motor Carrier Safety Administration
Federal Register Volume 80, Issue 227 (November 25, 2015)
| Page Range | 73871-73874 | |
| FR Document | 2015-30134 |
[Federal Register Volume 80, Number 227 (Wednesday, November 25, 2015)] [Notices] [Pages 73871-73874] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-30134] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2015-0180] Agency Information Collection Activities; New Information Collection Request: 391.41 CMV Driver Medication Form AGENCY: Federal Motor Carrier Safety Administration (FMCSA), 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) [[Page 73872]] described below to the Office of Management and Budget (OMB) for its review and approval and invites public comment on the approval of a new ICR titled, 391.41 CMV Driver Medication Form. This ICR 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 ICR will 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 ICR will 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 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: We must receive your comments on or before January 25, 2016. ADDRESSES: You may submit comments identified by Federal Docket Management System (FDMS) Docket Number FMCSA-2015-0180 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 Services; U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building, Ground Floor, Room W12-140, 20590-0001. Hand Delivery or Courier: West Building, Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m. e.t., Monday through Friday, except Federal holidays. Instructions: All submissions must include the Agency name and docket number. For detailed instructions on submitting comments and additional information on the exemption process, 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.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 ``help'' section of the Federal eRulemaking Portal Web site. 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: 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 that 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 driver medical fitness 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. 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 (CDL/CLP) drivers 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 shall be recorded in accordance with the requirements set forth in that section. 49 CFR 391.41(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 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. 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 [[Page 73873]] 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, 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: 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. 3. Report should include the following information: a. 1--List all medications and dosages that you have prescribed to the above named individual. b. 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. 3--What medical conditions are being treated with these medications? d. 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 medical standards provide this assurance by requiring drivers to be examined and medically certified as physically and mentally qualified to drive. The purpose for collecting this 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(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 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 ICR is at the discretion of the ME to facilitate 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 will assist 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 will be available as a fillable pdf or may be downloaded from the FMCSA Web site. Prescribing healthcare providers will also be 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 anticipates that approximately 50 percent of the 391.41 CMV Driver Medication Forms will be transmitted electronically. The information collected from the 391.41 CMV Driver Medication Form, will be used by the certified ME that requested the completion of the form and will become part of the CMV driver's record maintained by the certified ME. Therefore, the information will not be 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 shall 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: 2126-00XX. Type of Request: New collection. Respondents: Prescribing healthcare professionals. Estimated Number of Respondents: 1,082,200 (total number of prescribing healthcare providers in the U.S.) Estimated Time per Response: 8 minutes. Expiration Date: N/A. This is a new ICR. Frequency of Response: Voluntary. Estimated Total Annual Burden: 144,293 hours [1,082,200 responses x 8 minutes to complete response/60 minutes = 144,293]. 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 [[Page 73874]] 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: Nov 6, 2015. G. Kelly Regal, Associate Administrator for Office of Research and Information Technology. [FR Doc. 2015-30134 Filed 11-24-15; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Notices 73871
a. Airman Certification Systems requested 10 calendar days before the Sensitive Solutions (CSS) as a basis for
Working Group meeting. a stakeholder outreach program. A
b. Aircraft Systems Information Issued in Washington, DC, on November scoping meeting will be held on
Security/Protection Working Group 19, 2015. December 3, 2015.
c. Air Traffic Controller Training Lirio Liu, A range of alternatives will be
Working Group Designated Federal Officer, Aviation developed and evaluated, including but
d. Rotorcraft Occupant Protection Rulemaking Advisory Committee. not limited to: Taking no action,
Working Group [FR Doc. 2015–29949 Filed 11–24–15; 8:45 am]
existing roadway improvements, and
e. Airworthiness Assurance Working new roadways on new location. The
BILLING CODE 4910–13–P
Group Stakeholder Involvement Plan (SIP),
f. Engine Harmonization Working which will satisfy the 23 U.S.C. Section
Group- Engine Endurance Testing DEPARTMENT OF TRANSPORTATION 139 requirements for a coordination
Requirements—Revision of Section plan, will be developed to ensure that
33.87 Federal Highway Administration a full range of issues related to this
g. Flight Test Harmonization Working proposed project are identified and
Group—Phase 2 Tasking Environmental Impact Statement: addressed. The SIP provides meaningful
h. Transport Airplane Metallic and Alexander, Pulaski, and Union opportunities for all stakeholders to
Composite Structures Working Counties, Illinois participate in defining transportation
Group—Transport Airplane issues and solutions for the study area.
Damage-Tolerance and Fatigue AGENCY: Federal Highway
Administration (FHWA), DOT. Comments or questions concerning
Evaluation this proposed action and the EIS are
i. Transport Airplane Crashworthiness ACTION: Notice of intent.
invited from all interested parties and
and Ditching Evaluation Working SUMMARY: The FHWA is issuing this should be directed to the FHWA at the
Group notice to advise the public that an address provided above or the following
4. New Tasks Environmental Impact Statement (EIS) Web site: www.shawneeparkway.org.
a. Rotorcraft Bird Strike Working A public hearing will be held after the
will be prepared for the Shawnee
Group Parkway Project in Alexander, Pulaski, Draft EIS is published and made
b. Additional Tasking for the Airman available for public and agency review.
and Union Counties, Illinois.
Certification Systems Working Public notice will be given of the time
FOR FURTHER INFORMATION CONTACT:
Group and place of public meetings and
c. Load Master Certification Working Catherine A. Batey, Division
Administrator, Federal Highway hearings.
Group The EIS will conclude with a Record
5. Status Report from the FAA Administration, 3250 Executive Park
Drive, Springfield, Illinois 62703. of Decision selecting either a no-build or
Attendance is open to the interested a preferred alternative.
public but limited to the space Phone: (217) 492–4600. Jeffrey L. Keirn,
available. Please confirm your PE., Deputy Director of Highways, (Catalog of Federal Domestic Assistance
Region Five Engineer, Illinois Program Number 20.205, Highway Research,
attendance with the person listed in the
Department of Transportation, State Planning and Construction. The regulations
FOR FURTHER INFORMATION CONTACT
Transportation Building, 2801 W. implementing Executive Order 12372
section no later than December 10, 2015. regarding intergovernmental consultation on
Please provide the following Murphysboro, P.O. Box 100,
Federal programs and activities apply to this
information: full legal name, country of Carbondale, Illinois 62903, (618) 549– program)
citizenship, and name of your industry 2171.
Issued on: November 19, 2015.
association, or applicable affiliation. If SUPPLEMENTARY INFORMATION: The
Catherine A. Batey,
you are attending as a public citizen, FHWA, in cooperation with Illinois
Division Administrator, Federal Highway
please indicate so. Department of Transportation, will
Administration, Springfield, Illinois.
For persons participating by prepare an EIS for the Shawnee Parkway
[FR Doc. 2015–30003 Filed 11–24–15; 8:45 am]
telephone, please contact the person project. The anticipated termini are the
listed in the FOR FURTHER INFORMATION BILLING CODE 4910–22–P
intersection of Illinois Route 3 with
CONTACT section by email or phone for Illinois Route 146 and Interstate 57. The
the teleconference call-in number and project study area includes portions of
passcode. Callers outside the DEPARTMENT OF TRANSPORTATION
the following counties: Alexander,
Washington metropolitan area are Pulaski, and Union in Illinois. The Federal Motor Carrier Safety
responsible for paying long-distance study area covers approximately 350 Administration
charges. square miles.
The public must arrange by December The EIS for the Shawnee Parkway is [Docket No. FMCSA–2015–0180]
10, 2015 to present oral statements at being conducted to evaluate the need for
the meeting. The public may present improved transportation between the Agency Information Collection
written statements to the Aviation anticipated termini within the study Activities; New Information Collection
Rulemaking Advisory Committee by area. The EIS will complete an analysis Request: 391.41 CMV Driver
providing 25 copies to the Designated of transportation alternative(s) in the Medication Form
Federal Officer, or by bringing the study area and evaluate environmental AGENCY: Federal Motor Carrier Safety
copies to the meeting. impacts based on field investigations, Administration (FMCSA), DOT.
tkelley on DSK3SPTVN1PROD with NOTICES
If you are in need of assistance or transportation studies, economic impact ACTION: Notice and request for
require a reasonable accommodation for studies, and cost analysis. comments.
this meeting, please contact the person Alternatives assessed will seek to
listed under the heading FOR FURTHER avoid, minimize and mitigate impacts to SUMMARY: In accordance with the
INFORMATION CONTACT. Sign and oral resources in the project area. In Paperwork Reduction Act of 1995,
interpretation, as well as a listening accordance with IDOT policies, the FMCSA announces its plan to submit
device, can be made available if project is being developed using Context the Information Collection Request (ICR)
VerDate Sep<11>2014 19:15 Nov 24, 2015 Jkt 238001 PO 00000 Frm 00174 Fmt 4703 Sfmt 4703 E:\FR\FM\25NON1.SGM 25NON1](https://thefederalregister.org/doc/80_FR_74098/page/1.svg)
![73872 Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Notices
described below to the Office of Privacy Act: In accordance with 5 are outlined in the Federal Motor
Management and Budget (OMB) for its U.S.C. 553(c), DOT solicits comments Carrier Safety Regulations (FMCSRs) at
review and approval and invites public from the public to better inform its 49 CFR 390–399. FMCSRs at 49 CFR
comment on the approval of a new ICR rulemaking process. DOT posts these 391.41 set forth the physical
titled, 391.41 CMV Driver Medication comments, without edit, including any qualification standards that interstate
Form. This ICR is voluntary and may be personal information the commenter CMV drivers who are subject to part 391
utilized by medical examiners (MEs) provides, to www.regulations.gov, as must meet, with the exception of
responsible for issuing Medical described in the system of records commercial driver’s license/commercial
Examiner’s Certificates (MECs) to notice (DOT/ALL–14 FDMS), which can learner’s permit (CDL/CLP) drivers
commercial motor vehicle (CMV) be reviewed at www.dot.gov/privacy. transporting migrant workers (who must
drivers. MEs that choose to use this ICR Public Participation: The Federal meet the physical qualification
will do so in an effort to communicate eRulemaking Portal is available 24 standards set forth in 49 CFR 398.3).
with treating healthcare professionals hours each day, 365 days each year. You The FMCSRs covering driver physical
who are responsible for prescribing can obtain electronic submission and qualification records are found at 49
certain medications, so that the ME fully retrieval help and guidelines under the CFR 391.43, which specify that a
understands the reasons the ‘‘help’’ section of the Federal medical examination be performed on
medications have been prescribed. The eRulemaking Portal Web site. If you CMV drivers subject to part 391 who
information obtained by the ME when want us to notify you that we received operate in interstate commerce. The
utilizing this ICR will assist the ME in your comments, please include a self- results of the examination shall be
determining if the driver is medically addressed, stamped envelope or recorded in accordance with the
qualified under 49 CFR 391.41 and to postcard, or print the acknowledgement requirements set forth in that section.
ensure that there are no disqualifying page that appears after submitting 49 CFR 391.41(12) states that a person
medical conditions or underlying comments online. Comments received is physically qualified to drive a CMV
medical conditions and prescribed after the comment closing date will be if that person does not use any drug or
medications that could adversely affect included in the docket and will be substance identified in 21 CFR 1308.11
their safe driving ability or cause considered to the extent practicable. Schedule I, an amphetamine, a narcotic,
incapacitation constituting a risk to the FOR FURTHER INFORMATION CONTACT:
or other habit-forming drug and does
public. Charles A. Horan III, Director, Office of not use any non-Schedule I drug or
Carrier, Driver, and Vehicle, Safety substance that is identified in the other
DATES: We must receive your comments
Standards, U.S. Department of Schedules in 21 part 1308 except when
on or before January 25, 2016.
the use is prescribed by a licensed
ADDRESSES: You may submit comments Transportation, Federal Motor Carrier
medical practitioner, as defined in
identified by Federal Docket Safety Administration, West Building
§ 382.107, who is familiar with the
Management System (FDMS) Docket 6th Floor, 1200 New Jersey Avenue SE.,
driver’s medical history and has advised
Number FMCSA–2015–0180 using any Washington, DC 20590. Telephone:
the driver that the substance will not
of the following methods: 202–366–2362; email
adversely affect the driver’s ability to
• Federal eRulemaking Portal: http:// charles.horan@dot.gov.
safely operate a CMV.
www.regulations.gov. Follow the online SUPPLEMENTARY INFORMATION: In 2006, FMCSA’s Medical Review
instructions for submitting comments. Board (MRB) deliberated on the topic of
• Fax: 1–202–493–2251. Background
the use of Schedule II medications. The
• Mail: Docket Services; U.S. The primary mission of the Federal MRB considered information provided
Department of Transportation, 1200 Motor Carrier Safety Administration in a 2006 FMCSA sponsored Evidence
New Jersey Avenue SE., West Building, (FMCSA) is to reduce crashes, injuries, Report and a subsequent Medical Expert
Ground Floor, Room W12–140, 20590– and fatalities involving large trucks and Panel (MEP) to examine the relationship
0001. buses. The Secretary of Transportation between the licit use of a Schedule II
• Hand Delivery or Courier: West has delegated to FMCSA its drug and the risk for a motor vehicle
Building, Ground Floor, Room W12– responsibility under 49 U.S.C. 31136 crash. In 2013, FMCSA tasked the MRB
140, 1200 New Jersey Avenue SE., and 31502 to prescribe regulations that with updating the opinions and
Washington, DC, between 9 a.m. and 5 ensure that CMVs are operated safely. recommendations of the 2006 Evidence
p.m. e.t., Monday through Friday, As part of this mission, the Agency’s Report and MEP.
except Federal holidays. Medical Programs Division works to On September 10, 2013, the MRB and
Instructions: All submissions must ensure that CMV drivers engaged in Motor Carrier Safety Advisory
include the Agency name and docket interstate commerce are physically Committee (MCSAC) met jointly to hear
number. For detailed instructions on qualified and able to safely perform presentations on the licit use of
submitting comments and additional their work. Schedule II medications and their
information on the exemption process, Information used to determine and regulation, and on U.S. Department of
see the Public Participation heading certify driver medical fitness must be Transportation drug and alcohol testing
below. Note that all comments received collected in order for our highways to be protocols. Subsequently, the committees
will be posted without change to http:// safe. FMCSA is the Federal government engaged in a discussion on the issue as
www.regulations.gov, including any agency authorized to require the it applies to CMV drivers. On September
personal information provided. Please collection of this information and the 11, 2013, the MRB discussed the issue
see the Privacy Act heading below. authorizing regulations are located at 49 in greater detail as its task to present a
tkelley on DSK3SPTVN1PROD with NOTICES
Docket: For access to the docket to CFR 390–399. FMCSA is required by letter report to the Agency relating to
read background documents or statute to establish standards for the CMV drivers and Schedule II
comments received, go to http:// physical qualifications of drivers who medication use and to develop a form
www.regulations.gov, and follow the operate CMVs in interstate commerce for MEs on the National Registry of
online instructions for accessing the for non-excepted industries [49 U.S.C. Certified Medical Examiners (National
dockets, or go to the street address listed 31136(a)(3) and 31502(b)]. The Registry) to send to treating clinicians of
above. regulations discussing this collection CMV drivers to expound on the use of
VerDate Sep<11>2014 19:15 Nov 24, 2015 Jkt 238001 PO 00000 Frm 00175 Fmt 4703 Sfmt 4703 E:\FR\FM\25NON1.SGM 25NON1](https://thefederalregister.org/doc/80_FR_74098/page/2.svg)
![Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Notices 73873
these medications by driver applicants. e. Name, signature, date, address and medications have been prescribed. This
On October 22, 2013, the MRB contact information of the certified ME. information will assist the ME in
submitted their recommendations to 3. Report should include the determining whether the underlying
FMCSA. A MEP convened to provide an following information: medical condition and the prescribed
updated opinion on Schedule II Opioids a. 1—List all medications and dosages medication will impact the driver’s safe
and Stimulants & CMV Crash Risk and that you have prescribed to the above operation of a CMV. Therefore, there is
Driver Performance. The FMCSA named individual. no required collection frequency.
revised the task of the MRB instructing b. 2—List any other medications and The 391.41 CMV Driver Medication
them to review an updated evidence dosages that you are aware have been Form will be available as a fillable pdf
report and the MEP opinion that was prescribed to the above named or may be downloaded from the FMCSA
furnished subsequent to its individual by another treating Web site. Prescribing healthcare
deliberations on Schedule II Opioids healthcare provider. providers will also be able to fax or scan
and Stimulants & CMV Crash Risk and c. 3—What medical conditions are and email the report to the certified ME.
Driver Performance: Evidence Report being treated with these medications? Consistent with the OMB’s commitment
and Systematic Review. FMCSA d. 4—It is my medical opinion that, to minimizing respondents’
directed the MRB to consider this considering the mental and physical recordkeeping and paperwork burdens
report’s findings and confer with the requirements of operating a CMV and and the increased use of secure
MCSAC on this topic during a joint with awareness of a CMV driver’s role electronic modes of communication, the
meeting in October 2014. The MRB met (consistent with The Driver’s Role
Agency anticipates that approximately
in public meetings on July 29–30, 2014, statement on page 2 of the form), I
50 percent of the 391.41 CMV Driver
and developed Schedule II medication believe my patient: (a) has no
Medication Forms will be transmitted
recommendations. The MRB presented medication side effects from
electronically.
these recommendations to the MCSAC medication(s) that I prescribe that The information collected from the
in a joint public meeting on October 27, would adversely affect the ability to 391.41 CMV Driver Medication Form,
2014, where they were deliberated by operate a CMV safely; and (2) has no will be used by the certified ME that
both committees. As a result, FMCSA’s medical condition(s) that I am treating requested the completion of the form
MRB and MCSAC provided joint with the above medication(s) that would and will become part of the CMV
recommendations related to the use of adversely affect the ability to operate a driver’s record maintained by the
Schedule II medications by CMV CMV safely. certified ME. Therefore, the information
drivers. Because there is moderate The public interest in, and right to
will not be available to the public. The
evidence to support the contention that have, safe highways requires the
FMCSRs covering driver physical
the licit use of opioids increases the risk assurance that drivers of CMVs can
qualification records are found at 49
of motor vehicle crashes and impacts safely perform the increased physical
CFR 391.43, which specify that a
indirect measures of driver performance and mental demands of their duties.
medical examination be performed on
negatively, included was the FMCSA’s medical standards provide
CMV drivers subject to part 391 who
recommendation that FMCSA develop a this assurance by requiring drivers to be
operate in interstate commerce. The
standardized medication questionnaire examined and medically certified as
results of the examination shall be
to assist the certified ME when physically and mentally qualified to
recorded in accordance with the
reviewing prescription medications that drive.
The purpose for collecting this requirements set forth in that section.
have been disclosed during the history MEs are required to maintain records of
and physical examination for CMV information is to assist the ME in
determining if the driver is medically the CMV driver medical examinations
driver certification. The two advisory they conduct.
groups recommended to FMCSA that qualified under 49 CFR 391.41 and to
Title: 391.41 CMV Driver Medication
the standardized CMV driver ensure that there are no disqualifying
Form.
medication questionnaire be voluntary medical conditions that could adversely OMB Control Number: 2126–00XX.
and include the following information affect their safe driving ability or cause Type of Request: New collection.
and questions: incapacitation constituting a risk to the Respondents: Prescribing healthcare
1. Questionnaire should be titled public. 49 CFR 391.41(12) states that a professionals.
391.41 CMV Driver Medication person is physically qualified to drive a Estimated Number of Respondents:
Questionnaire. CMV if that person does not use any 1,082,200 (total number of prescribing
2. Questionnaire should request the drug or substance identified in 21 CFR healthcare providers in the U.S.)
following information: 1308.11 Schedule I, an amphetamine, a Estimated Time per Response: 8
a. Identifying name and date of birth narcotic, or other habit-forming drug minutes.
of the CMV driver. and does not use any non-Schedule I Expiration Date: N/A. This is a new
b. Introductory paragraph stating drug or substance that is identified in ICR.
purpose of the CMV Driver Medication the other Schedules in 21 part 1308 Frequency of Response: Voluntary.
Report. except when the use is prescribed by a Estimated Total Annual Burden:
c. Statements of 391.41(b)(12) licensed medical practitioner, as 144,293 hours [1,082,200 responses × 8
(Physical Qualifications of Drivers defined in § 382.107, who is familiar minutes to complete response/60
relating to driver use of scheduled with the driver’s medical history and minutes = 144,293].
substances) and The Driver’s Role, as has advised the driver that the Public Comments Invited: You are
found in the Medical Examination substance will not adversely affect the asked to comment on any aspect of this
tkelley on DSK3SPTVN1PROD with NOTICES
Report form found at the end of 49 CFR driver’s ability to safely operate a CMV. information collection, including: (1)
391.43 (Medical Examination; The use of this ICR is at the discretion whether the proposed collection is
Certificate of Physical Examination). of the ME to facilitate communication necessary for the performance of
d. Name, state of licensure, signature, with treating healthcare professionals FMCSA’s functions; (2) the accuracy of
address and contact information of the who are responsible for prescribing the estimated burden; (3) ways for
prescribing healthcare provider, as well certain medications so that the ME fully FMCSA to enhance the quality,
as the date the form was completed. understands the reasons the usefulness, and clarity of the collected
VerDate Sep<11>2014 19:15 Nov 24, 2015 Jkt 238001 PO 00000 Frm 00176 Fmt 4703 Sfmt 4703 E:\FR\FM\25NON1.SGM 25NON1](https://thefederalregister.org/doc/80_FR_74098/page/3.svg)
![73874 Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Notices
information; and (4) ways that the Technology, RAD–20, Federal Railroad the accuracy of FRA’s estimates of the
burden could be minimized without Administration, 1200 New Jersey Ave. burden of the information collection
reducing the quality of the collected SE., Mail Stop 35, Washington, DC activities, including the validity of the
information. The agency will summarize 20590. Commenters requesting FRA to methodology and assumptions used to
or include your comments in the request acknowledge receipt of their respective determine the estimates; (iii) ways for
for OMB’s clearance of this information comments must include a self-addressed FRA to enhance the quality, utility, and
collection. stamped postcard stating, ‘‘Comments clarity of the information being
Issued under the authority of 49 CFR 1.87 on OMB control number 2130–0525’’. collected; and (iv) ways for FRA to
on: Nov 6, 2015. Alternatively, comments may be minimize the burden of information
G. Kelly Regal, transmitted via facsimile to (202) 493– collection activities on the public by
Associate Administrator for Office of 6216 or (202) 493–6497, or via email to automated, electronic, mechanical, or
Research and Information Technology. Mr. Brogan at Robert.Brogan@dot.gov, or other technological collection
[FR Doc. 2015–30134 Filed 11–24–15; 8:45 am] to Ms. Toone at Kim.Toone@dot.gov. techniques or other forms of information
BILLING CODE 4910–EX–P
Please refer to the assigned OMB control technology (e.g., permitting electronic
number in any correspondence submission of responses). See 44 U.S.C.
submitted. FRA will summarize 3506(c)(2)(A)(I)–(iv); 5 CFR
DEPARTMENT OF TRANSPORTATION comments received in response to this 1320.8(d)(1)(I)–(iv). FRA believes that
notice in a subsequent notice and soliciting public comment will promote
Federal Railroad Administration include them in its information its efforts to reduce the administrative
[Docket No. FRA 2015–0007–N–30] collection submission to OMB for and paperwork burdens associated with
approval. the collection of information mandated
Proposed Agency Information by Federal regulations. In summary,
FOR FURTHER INFORMATION CONTACT: Mr.
Collection Activities; Comment FRA reasons that comments received
Robert Brogan, Regulatory Safety
Request will advance three objectives: (i) Reduce
Analysis Division, RRS–21, Federal
reporting burdens; (ii) ensure that it
AGENCY: Federal Railroad Railroad Administration, 1200 New
organizes information collection
Administration (FRA), Department of Jersey Ave. SE., Mail Stop 25,
requirements in a ‘‘user friendly’’ format
Transportation. Washington, DC 20590 (telephone: (202)
to improve the use of such information;
ACTION: Notice and request for 493–6292) or Ms. Kimberly Toone,
and (iii) accurately assess the resources
comments. Office of Information Technology, RAD–
expended to retrieve and produce
20, Federal Railroad Administration,
SUMMARY: In accordance with the information requested. See 44 U.S.C.
1200 New Jersey Ave. SE., Mail Stop 35,
Paperwork Reduction Act of 1995 and 3501.
Washington, DC 20590 (telephone: (202)
its implementing regulations, the 493–6132). (These telephone numbers Below is a brief summary of the
Federal Railroad Administration (FRA) are not toll-free.) currently approved ICRs that FRA will
hereby announces that it is seeking submit for clearance by OMB as
SUPPLEMENTARY INFORMATION: The required under the PRA:
renewal of the following currently Paperwork Reduction Act of 1995
approved information collection Title: Certification of Glazing
(PRA), Public Law 104–13, sec. 2, 109 Materials.
activities. Before submitting these Stat. 163 (1995) (codified as revised at
information collection requests (ICRs) OMB Control Number: 2130–0525.
44 U.S.C. 3501–3520), and its
for clearance by the Office of implementing regulations, 5 CFR part Abstract: The collection of
Management and Budget (OMB), FRA is 1320, require Federal agencies to information is set forth under 49 CFR
soliciting public comment on specific provide 60-days notice to the public for part 223, which requires the
aspects of the activities identified comment on information collection certification and permanent marking of
below. activities before seeking approval for glazing materials by the manufacturer.
DATES: Comments must be received no reinstatement or renewal by OMB. 44 The manufacturer is also responsible for
later than January 25, 2016. U.S.C. 3506(c)(2)(A); 5 CFR 1320.8(d)(1), making available test verification data to
ADDRESSES: Submit written comments 1320.10(e)(1), 1320.12(a). Specifically, railroads and FRA upon request.
on any or all of the following proposed FRA invites interested respondents to Form Number(s): N/A.
activities by mail to either: Mr. Robert comment on the following summary of Affected Public: Businesses.
Brogan, Office of Safety, Regulatory proposed information collection Respondent Universe: States and
Safety Analysis Division, RRS–21, activities regarding (i) whether the Railroads.
Federal Railroad Administration, 1200 information collection activities are Frequency of Submission: On
New Jersey Ave. SE., Mail Stop 25, necessary for FRA to properly execute occasion.
Washington, DC 20590, or Ms. Kimberly its functions, including whether the Respondent Universe: 5
Toone, Office of Information activities will have practical utility; (ii) Manufacturers.
Respondent Average time per Total annual
CFR section universe Total annual responses response burden hours
(manufacturers)
223.17—Identification of Equipped Locomotives, 4 200 stencilings or metal 15 minutes ...................... 50
tkelley on DSK3SPTVN1PROD with NOTICES
Passenger Cars, and Caboose. plates.
223.17—Appendix A:
—Requests for Glazing Certification ................ 5 10 requests .................... 15 minutes ...................... 3
—Marking Individual Units of Glazing Material 5 25,000 pieces ................. 480 pieces per hour ....... 52
—Testing New Material and Providing 5 1 test .............................. 14 hours ......................... 14
Verification Data.
VerDate Sep<11>2014 19:15 Nov 24, 2015 Jkt 238001 PO 00000 Frm 00177 Fmt 4703 Sfmt 4703 E:\FR\FM\25NON1.SGM 25NON1](https://thefederalregister.org/doc/80_FR_74098/page/4.svg)
Document Created: 2018-03-01 11:15:19
Document Modified: 2018-03-01 11:15:19
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice and request for comments. | |
| Dates | We must receive your comments on or before January 25, 2016. | |
| Contact | 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] | |
| FR Citation | 80 FR 73871 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR