Agency Information Collection Activities; New Information Collection Request: 391.41 CMV Driver Medication Form, 73871-73874 [2015-30134]

Download as PDF Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Notices a. Airman Certification Systems Working Group b. Aircraft Systems Information Security/Protection Working Group c. Air Traffic Controller Training Working Group d. Rotorcraft Occupant Protection Working Group e. Airworthiness Assurance Working Group f. Engine Harmonization Working Group- Engine Endurance Testing Requirements—Revision of Section 33.87 g. Flight Test Harmonization Working Group—Phase 2 Tasking h. Transport Airplane Metallic and Composite Structures Working Group—Transport Airplane Damage-Tolerance and Fatigue Evaluation i. Transport Airplane Crashworthiness and Ditching Evaluation Working Group 4. New Tasks a. Rotorcraft Bird Strike Working Group b. Additional Tasking for the Airman Certification Systems Working Group c. Load Master Certification Working Group 5. Status Report from the FAA Attendance is open to the interested public but limited to the space available. Please confirm your attendance with the person listed in the tkelley on DSK3SPTVN1PROD with NOTICES FOR FURTHER INFORMATION CONTACT section no later than December 10, 2015. Please provide the following information: full legal name, country of citizenship, and name of your industry association, or applicable affiliation. If you are attending as a public citizen, please indicate so. For persons participating by telephone, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section by email or phone for the teleconference call-in number and passcode. Callers outside the Washington metropolitan area are responsible for paying long-distance charges. The public must arrange by December 10, 2015 to present oral statements at the meeting. The public may present written statements to the Aviation Rulemaking Advisory Committee by providing 25 copies to the Designated Federal Officer, or by bringing the copies to the meeting. If you are in need of assistance or require a reasonable accommodation for this meeting, please contact the person listed under the heading FOR FURTHER INFORMATION CONTACT. Sign and oral interpretation, as well as a listening device, can be made available if VerDate Sep<11>2014 19:15 Nov 24, 2015 Jkt 238001 requested 10 calendar days before the meeting. Issued in Washington, DC, on November 19, 2015. Lirio Liu, Designated Federal Officer, Aviation Rulemaking Advisory Committee. [FR Doc. 2015–29949 Filed 11–24–15; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration Environmental Impact Statement: Alexander, Pulaski, and Union Counties, Illinois Federal Highway Administration (FHWA), DOT. ACTION: Notice of intent. AGENCY: The FHWA is issuing this notice to advise the public that an Environmental Impact Statement (EIS) will be prepared for the Shawnee Parkway Project in Alexander, Pulaski, and Union Counties, Illinois. FOR FURTHER INFORMATION CONTACT: Catherine A. Batey, Division Administrator, Federal Highway Administration, 3250 Executive Park Drive, Springfield, Illinois 62703. Phone: (217) 492–4600. Jeffrey L. Keirn, PE., Deputy Director of Highways, Region Five Engineer, Illinois Department of Transportation, State Transportation Building, 2801 W. Murphysboro, P.O. Box 100, Carbondale, Illinois 62903, (618) 549– 2171. SUPPLEMENTARY INFORMATION: The FHWA, in cooperation with Illinois Department of Transportation, will prepare an EIS for the Shawnee Parkway project. The anticipated termini are the intersection of Illinois Route 3 with Illinois Route 146 and Interstate 57. The project study area includes portions of the following counties: Alexander, Pulaski, and Union in Illinois. The study area covers approximately 350 square miles. The EIS for the Shawnee Parkway is being conducted to evaluate the need for improved transportation between the anticipated termini within the study area. The EIS will complete an analysis of transportation alternative(s) in the study area and evaluate environmental impacts based on field investigations, transportation studies, economic impact studies, and cost analysis. Alternatives assessed will seek to avoid, minimize and mitigate impacts to resources in the project area. In accordance with IDOT policies, the project is being developed using Context SUMMARY: PO 00000 Frm 00174 Fmt 4703 Sfmt 4703 73871 Sensitive Solutions (CSS) as a basis for a stakeholder outreach program. A scoping meeting will be held on December 3, 2015. A range of alternatives will be developed and evaluated, including but not limited to: Taking no action, existing roadway improvements, and new roadways on new location. The Stakeholder Involvement Plan (SIP), which will satisfy the 23 U.S.C. Section 139 requirements for a coordination plan, will be developed to ensure that a full range of issues related to this proposed project are identified and addressed. The SIP provides meaningful opportunities for all stakeholders to participate in defining transportation issues and solutions for the study area. Comments or questions concerning this proposed action and the EIS are invited from all interested parties and should be directed to the FHWA at the address provided above or the following Web site: www.shawneeparkway.org. A public hearing will be held after the Draft EIS is published and made available for public and agency review. Public notice will be given of the time and place of public meetings and hearings. The EIS will conclude with a Record of Decision selecting either a no-build or a preferred alternative. (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Research, Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program) Issued on: November 19, 2015. Catherine A. Batey, Division Administrator, Federal Highway Administration, Springfield, Illinois. [FR Doc. 2015–30003 Filed 11–24–15; 8:45 am] BILLING CODE 4910–22–P 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 Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice and request for comments. AGENCY: In accordance with the Paperwork Reduction Act of 1995, FMCSA announces its plan to submit the Information Collection Request (ICR) SUMMARY: E:\FR\FM\25NON1.SGM 25NON1 tkelley on DSK3SPTVN1PROD with NOTICES 73872 Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Notices 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. VerDate Sep<11>2014 19:15 Nov 24, 2015 Jkt 238001 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 selfaddressed, 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 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 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 PO 00000 Frm 00175 Fmt 4703 Sfmt 4703 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 § 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 E:\FR\FM\25NON1.SGM 25NON1 tkelley on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Notices 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. VerDate Sep<11>2014 19:15 Nov 24, 2015 Jkt 238001 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 § 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 PO 00000 Frm 00176 Fmt 4703 Sfmt 4703 73873 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 × 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 E:\FR\FM\25NON1.SGM 25NON1 73874 Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Notices 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 DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket No. FRA 2015–0007–N–30] Proposed Agency Information Collection Activities; Comment Request Mr. Robert Brogan, Regulatory Safety Analysis Division, RRS–21, Federal Railroad Administration, 1200 New Jersey Ave. SE., Mail Stop 25, Washington, DC 20590 (telephone: (202) 493–6292) or Ms. Kimberly Toone, Office of Information Technology, RAD– 20, Federal Railroad Administration, 1200 New Jersey Ave. SE., Mail Stop 35, Washington, DC 20590 (telephone: (202) 493–6132). (These telephone numbers are not toll-free.) SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act of 1995 (PRA), Public Law 104–13, sec. 2, 109 Stat. 163 (1995) (codified as revised at 44 U.S.C. 3501–3520), and its implementing regulations, 5 CFR part 1320, require Federal agencies to provide 60-days notice to the public for comment on information collection activities before seeking approval for reinstatement or renewal by OMB. 44 U.S.C. 3506(c)(2)(A); 5 CFR 1320.8(d)(1), 1320.10(e)(1), 1320.12(a). Specifically, FRA invites interested respondents to comment on the following summary of proposed information collection activities regarding (i) whether the information collection activities are necessary for FRA to properly execute its functions, including whether the activities will have practical utility; (ii) FOR FURTHER INFORMATION CONTACT: Federal Railroad Administration (FRA), Department of Transportation. ACTION: Notice and request for comments. AGENCY: In accordance with the Paperwork Reduction Act of 1995 and its implementing regulations, the Federal Railroad Administration (FRA) hereby announces that it is seeking renewal of the following currently approved information collection activities. Before submitting these information collection requests (ICRs) for clearance by the Office of Management and Budget (OMB), FRA is soliciting public comment on specific aspects of the activities identified below. DATES: Comments must be received no later than January 25, 2016. ADDRESSES: Submit written comments on any or all of the following proposed activities by mail to either: Mr. Robert Brogan, Office of Safety, Regulatory Safety Analysis Division, RRS–21, Federal Railroad Administration, 1200 New Jersey Ave. SE., Mail Stop 25, Washington, DC 20590, or Ms. Kimberly Toone, Office of Information SUMMARY: Technology, RAD–20, Federal Railroad Administration, 1200 New Jersey Ave. SE., Mail Stop 35, Washington, DC 20590. Commenters requesting FRA to acknowledge receipt of their respective comments must include a self-addressed stamped postcard stating, ‘‘Comments on OMB control number 2130–0525’’. Alternatively, comments may be transmitted via facsimile to (202) 493– 6216 or (202) 493–6497, or via email to Mr. Brogan at Robert.Brogan@dot.gov, or to Ms. Toone at Kim.Toone@dot.gov. Please refer to the assigned OMB control number in any correspondence submitted. FRA will summarize comments received in response to this notice in a subsequent notice and include them in its information collection submission to OMB for approval. Respondent universe (manufacturers) tkelley on DSK3SPTVN1PROD with NOTICES CFR section 223.17—Identification of Equipped Locomotives, Passenger Cars, and Caboose. 223.17—Appendix A: —Requests for Glazing Certification ................ —Marking Individual Units of Glazing Material —Testing New Material and Providing Verification Data. VerDate Sep<11>2014 19:15 Nov 24, 2015 Jkt 238001 PO 00000 the accuracy of FRA’s estimates of the burden of the information collection activities, including the validity of the methodology and assumptions used to determine the estimates; (iii) ways for FRA to enhance the quality, utility, and clarity of the information being collected; and (iv) ways for FRA to minimize the burden of information collection activities on the public by automated, electronic, mechanical, or other technological collection techniques or other forms of information technology (e.g., permitting electronic submission of responses). See 44 U.S.C. 3506(c)(2)(A)(I)–(iv); 5 CFR 1320.8(d)(1)(I)–(iv). FRA believes that soliciting public comment will promote its efforts to reduce the administrative and paperwork burdens associated with the collection of information mandated by Federal regulations. In summary, FRA reasons that comments received will advance three objectives: (i) Reduce reporting burdens; (ii) ensure that it organizes information collection requirements in a ‘‘user friendly’’ format to improve the use of such information; and (iii) accurately assess the resources expended to retrieve and produce information requested. See 44 U.S.C. 3501. Below is a brief summary of the currently approved ICRs that FRA will submit for clearance by OMB as required under the PRA: Title: Certification of Glazing Materials. OMB Control Number: 2130–0525. Abstract: The collection of information is set forth under 49 CFR part 223, which requires the certification and permanent marking of glazing materials by the manufacturer. The manufacturer is also responsible for making available test verification data to railroads and FRA upon request. Form Number(s): N/A. Affected Public: Businesses. Respondent Universe: States and Railroads. Frequency of Submission: On occasion. Respondent Universe: 5 Manufacturers. Average time per response Total annual responses Total annual burden hours 4 15 minutes ...................... 50 5 5 5 Frm 00177 200 stencilings or metal plates. 10 requests .................... 25,000 pieces ................. 1 test .............................. 15 minutes ...................... 480 pieces per hour ....... 14 hours ......................... 3 52 14 Fmt 4703 Sfmt 4703 E:\FR\FM\25NON1.SGM 25NON1

Agencies

[Federal Register Volume 80, Number 227 (Wednesday, November 25, 2015)]
[Notices]
[Pages 73871-73874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30134]


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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 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 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