Agency Information Collection Activities; Information Collection Renewal: 391.41 CMV Driver Medication Form, OMB Control Number: 2126-0064, 59903-59907 [2019-24231]
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Federal Register / Vol. 84, No. 215 / Wednesday, November 6, 2019 / Notices
those that may be withheld from the
public in accordance with the
provisions of 5 U.S.C. 552, will be
available for website viewing and
printing in the Commission’s Public
Reference Room, 100 F Street NE,
Washington, DC 20549, on official
business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the
filing also will be available for
inspection and copying at the principal
office of the Exchange. All comments
received will be posted without change.
Persons submitting comments are
cautioned that we do not redact or edit
personal identifying information from
comment submissions. You should
submit only information that you wish
to make available publicly. All
submissions should refer to File
Number SR–NYSEArca–2019–62, and
should be submitted on or before
November 27, 2019.
V. Accelerated Approval of Proposed
Rule Change, as Modified by
Amendment No. 1
The Commission finds good cause to
approve the proposed rule change, as
modified by Amendment No. 1, prior to
the thirtieth day after the date of
publication of notice of the filing of
Amendment No. 1 in the Federal
Register. As discussed above, in
Amendment No. 1, the Exchange: (1)
Clarified that it is submitting this
proposal in order to allow each Fund to
hold listed derivatives (i.e., FLEX and
standardized options on the Indexes and
on ETFs that track the Indexes) in a
manner that does not comply with
Commentary .01(d)(2) to NYSE Arca
Rule 8.600–E; (2) clarified the Funds’
use of standardized options; (3)
specified that while the Funds will
invest primarily in FLEX and
standardized options, they may also
invest in cash and cash equivalents; and
(4) made other technical, clarifying, and
conforming changes. The Commission
believes that Amendment No. 1 does not
raise any novel regulatory issues and
provides additional clarity to the
proposal. Accordingly, the Commission
finds good cause, pursuant to Section
19(b)(2) of the Act,18 to approve the
proposed rule change, as modified by
Amendment No. 1, on an accelerated
basis.
VI. Conclusion
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act,19 that the
proposed rule change (SR–NYSEArca–
2019–62), as modified by Amendment
18 15
No. 1, be, and it hereby is, approved on
an accelerated basis.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.20
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019–24189 Filed 11–5–19; 8:45 am]
BILLING CODE 8011–01–P
SUSQUEHANNA RIVER BASIN
COMMISSION
Commission Meeting
Susquehanna River Basin
Commission.
ACTION: Notice.
AGENCY:
The Susquehanna River Basin
Commission will hold its regular
business meeting on December 5, 2019,
in Harrisburg, Pennsylvania. Details
concerning the matters to be addressed
at the business meeting are contained in
the SUPPLEMENTARY INFORMATION section
of this notice. Also the Commission
published a document in the Federal
Register on October 2, 2019, concerning
its public hearing on October 31, 2019,
in Harrisburg, Pennsylvania.
DATES: The meeting will be held on
Thursday, December 5, 2019, at 9 a.m.
ADDRESSES: The meeting will be held at
the Susquehanna River Basin
Commission, 4423 N Front Street,
Harrisburg, PA 17110.
FOR FURTHER INFORMATION CONTACT:
Jason E. Oyler, General Counsel and
Secretary to the Commission, telephone:
717–238–0423; fax: 717–238–2436.
SUPPLEMENTARY INFORMATION: The
business meeting will include actions or
presentations on the following items: (1)
Informational presentation of interest to
the lower Susquehanna River region; (2)
proposed FY2020 fee schedule changes;
(3) ratification/approval of contracts/
grants; (4) a report on delegated
settlements; (5) Regulatory Program
projects; and (6) waiver requests that
have been submitted to the Commission.
This agenda is complete at the time of
issuance, but other items may be added,
and some stricken without further
notice. The listing of an item on the
agenda does not necessarily mean that
the Commission will take final action on
it at this meeting. When the
Commission does take final action,
notice of these actions will be published
in the Federal Register after the
meeting. Any actions specific to projects
will also be provided in writing directly
to project sponsors.
SUMMARY:
U.S.C. 78s(b)(2).
19 Id.
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CFR 200.30–3(a)(12).
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Regulatory Program projects listed for
Commission action were those that were
the subject of public hearings conducted
by the Commission on October 31, 2019,
and identified in the notices for such
hearings, which was published in 84 FR
52552, October 2, 2019.
The public is invited to attend the
Commission’s business meeting.
Comments on the Regulatory Program
projects are subject to a deadline of
November 12, 2019. Written comments
pertaining to other items on the agenda
at the business meeting may be mailed
to the Susquehanna River Basin
Commission, 4423 North Front Street,
Harrisburg, Pennsylvania 17110–1788,
or submitted electronically through
www.srbc.net/about/meetings-events/
business-meeting.html. Such comments
are due to the Commission on or before
November 26, 2019. Comments will not
be accepted at the business meeting
noticed herein.
Authority: Pub. L. 91–575, 84 Stat. 1509 et
seq., 18 CFR parts 806, 807, and 808.
Dated: October 31, 2019.
Jason E. Oyler,
General Counsel and Secretary to the
Commission.
[FR Doc. 2019–24176 Filed 11–5–19; 8:45 am]
BILLING CODE 7040–01–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2019–0101]
Agency Information Collection
Activities; Information Collection
Renewal: 391.41 CMV Driver
Medication Form, OMB Control
Number: 2126–0064
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 renewal Information Collection
Request (ICR) described below to the
Office of Management and Budget
(OMB) for its review and approval and
invites public comment. This
Information Collection (IC) is voluntary
and may be utilized by certified Medical
Examiners (ME) responsible for issuing
Medical Examiner’s Certificates (MEC)
to commercial motor vehicle (CMV)
drivers. Certified MEs who choose to
use this IC do so in an effort to
communicate with treating healthcare
professionals, who are responsible for
SUMMARY:
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prescribing certain medications, so that
the certified MEs fully understand the
reasons the medications have been
prescribed. The information obtained by
this IC assists the certified MEs in
determining if drivers are physically
qualified and if there are medical
conditions or being treated with certain
prescribed medications that would
adversely affect the drivers’ ability to
safely operate CMVs. FMCSA requests
approval to renew an ICR titled, ‘‘391.41
CMV Driver Medication Form.’’ In
response to the Federal Register notice
published on July 3, 2019, requesting
public comment, FMCSA received two
comments.
DATES: Please send your comments to
OMB by December 6, 2019. OMB must
receive your comments by this date in
order to act quickly on the ICR.
ADDRESSES: All comments should
reference Federal Docket Management
System (FDMS) Docket Number
FMCSA–2019–0101. Interested persons
are invited to submit written comments
on the proposed IC to the Office of
Information and Regulatory Affairs at
OMB. Comments should be addressed to
the attention of the Desk Officer,
Department of Transportation/Federal
Motor Carrier Safety Administration,
and sent via electronic mail to oira_
submission@omb.eop.gov or faxed to
(202) 395–6974. An alternative, though
slower, method is by U.S mail to the
Office of Information and Regulatory
Affairs, Office of Management and
Budget, Docket Library, Room 10102,
725 17th Street NW, Washington, DC
20503.
FOR FURTHER INFORMATION CONTACT: Mr.
Charles A. Horan III, Director, Office of
Carrier, Driver, and Vehicle, Safety
Standards, U.S. Department of
Transportation, Federal Motor Carrier
Safety Administration, West Building
6th Floor, 1200 New Jersey Avenue SE,
Washington, DC 20590. Telephone:
(202) 366–2362; email: charles.horan@
dot.gov. Office hours are from 9 a.m. to
5 p.m., Monday through Friday, except
Federal Holidays.
SUPPLEMENTARY INFORMATION:
Title: 391.41 CMV Driver Medication
Form.
OMB Control Number: 2126–0064.
Type of Request: Renewal of a
currently approved collection.
Respondents: Prescribing healthcare
professionals.
Estimated Number of Respondents:
Up to 1,223,470 (total number of
prescribing healthcare professionals in
the U.S.).
Estimated Number of Responses: Up
to 1,967,006 (total number of CMV
drivers who may be asked by a certified
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ME to have the 391.41 CMV Driver
Medication Form, MCSA–5895,
completed by a prescribing healthcare
professional).
Estimated Time per Response: 8
minutes.
Expiration Date: January 31, 2020.
Frequency of Response: Voluntary.
Estimated Total Annual Burden:
262,267 hours.
Background: The primary mission of
FMCSA is to reduce crashes, injuries,
and fatalities involving large trucks and
buses. The Secretary of Transportation
has delegated to FMCSA 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
perform their work safely.
Information used to determine and
certify that a driver meets the physical
qualification standards must be
collected in order for our highways to be
safe. FMCSA is the Federal government
agency authorized to require the
collection of this information. 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 IC are outlined in the Federal Motor
Carrier Safety Regulations (FMCSRs) at
49 CFR parts 390–399. The FMCSRs at
49 CFR 391.41 set forth the physical
qualification standards that interstate
CMV drivers who are subject to part 391
must meet, with the exception of
commercial driver’s license/commercial
learner’s permit holders transporting
migrant workers (who must meet the
physical qualification standards set
forth in 49 CFR 398.3). The FMCSRs
covering driver physical qualification
records are found at 49 CFR 391.43,
which specify that a medical
examination be performed on CMV
drivers subject to part 391 who operate
in interstate commerce. The results of
the examination must be recorded in
accordance with the requirements set
forth in that section.
The physical qualification standard
regarding the use of drugs and
substances in 49 CFR 391.41(b)(12)
states that a person is physically
qualified to drive a CMV if that person
does not use any drug or substance
identified in 21 CFR 1308.11 Schedule
I, an amphetamine, a narcotic, or other
habit-forming drug; or 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
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prescribed by a licensed medical
practitioner, as defined in 49 CFR
382.107,1 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 by a subsequent Medical
Expert Panel (MEP) to examine the
relationship between the licit use of a
Schedule II drug and the risk of 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 in light of 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 certified MEs on the National
Registry of Certified Medical Examiners
(National Registry) to send to treating
healthcare professionals of CMV drivers
to expound on the use of these
medications by driver applicants. On
October 22, 2013, the MRB submitted its
recommendations to FMCSA.
Thereafter, an MEP convened to
provide an updated opinion on its prior
report titled, ‘‘Schedule II Opioids and
Stimulants & CMV Crash Risk and
Driver Performance.’’ FMCSA revised
the task of the MRB and instructed it to
review the updated evidence report and
MEP opinions in the report titled
‘‘Schedule II Opioids and Stimulants &
CMV Crash Risk and Driver
Performance: Evidence Report and
Systematic Review’’ that was furnished
subsequent to the MRB’s deliberations.
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
1 A licensed medical practitioner means a person
who is licensed, certified, or registered, in
accordance with applicable Federal, State, local, or
foreign laws and regulations, to prescribe controlled
substances and other drugs (49 CFR 382.107).
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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 negatively impacts
indirect measures of driver
performance,2 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
committees 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 at the end of 49 CFR 391.43
(Medical Examination; Certificate of
Physical Examination).3
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 questions:
a. Question 1—List all medications
and dosages that you have prescribed to
the above named individual.
b. Question 2—List any other
medications and dosages that you are
aware have been prescribed to the above
named individual by another treating
healthcare provider.
2 Schedule
II Opioids and Stimulants & CMV
Crash Risk and Driver Performance: Evidence
Report and Systematic Review, October 18, 2014,
available at https://rosap.ntl.bts.gov/view/dot/199.
3 After the recommendations, FMCSA began
using a new version of the examination form titled
Medical Examination Report Form, MCSA–5875.
This version does not include The Driver’s Role
statement. Therefore, The Driver’s Role statement
no longer appears in 49 CFR 391.43, but still
appears on the 391.41 CMV Driver Medication
Form, MCSA–5895.
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c. Question 3—What medical
conditions are being treated with these
medications?
d. Question 4—It is my medical
opinion that, considering the mental
and physical requirements of operating
a CMV and with awareness of a CMV
driver’s role (consistent with The
Driver’s Role statement on page 2 of the
form), I believe my patient: (a) Has no
medication side effects from
medication(s) that I prescribe that
would adversely affect the ability to
operate a CMV safely; and (2) has no
medical condition(s) that I am treating
with the above medication(s) that would
adversely affect the ability to operate a
CMV safely.
The public interest in, and right to
have, safe highways requires the
assurance that drivers of CMVs can
safely perform the increased physical
and mental demands of their duties.
FMCSA’s physical qualification
standards provide this assurance by
requiring drivers to be examined and
medically certified as physically
qualified to drive. Accordingly, FMCSA
developed the 391.41 CMV Driver
Medication Form, MCSA–5895.
The purpose of this voluntary
collection of information is to assist the
certified ME in determining if the driver
is physically qualified under 49 CFR
391.41 and if there are disqualifying
medical conditions or certain prescribed
medications that would adversely affect
the driver’s ability to drive safely.
Section 391.41(b)(12) states that a
person is physically qualified to drive a
CMV if that person does not use any
drug or substance identified in 21 CFR
1308.11 Schedule I, an amphetamine, a
narcotic, or other habit-forming drug; or
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 49
CFR 382.107, who is familiar with the
driver’s medical history and has advised
the driver that the substance will not
adversely affect the driver’s ability to
safely operate a CMV.
The use of the 391.41 CMV Driver
Medication Form, MCSA–5895, is at the
discretion of the certified ME and
facilitates communication with treating
healthcare professionals, who are
responsible for prescribing certain
medications, so that the certified ME
fully understands the reasons the
medications have been prescribed.
Because the use of the form is voluntary,
there is no required collection
frequency.
The 391.41 CMV Driver Medication
Form, MCSA–5895, may be downloaded
from the FMCSA website. Prescribing
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healthcare professionals can 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
who requested the completion of the
form and is attached to the Medical
Examination Report Form, MCSA–5875,
which becomes part of the CMV driver’s
record maintained by the certified ME.
Therefore, the information is not
available to the public. The FMCSRs
covering driver physical qualification
records are found at 49 CFR 391.43,
which specify that a medical
examination be performed on CMV
drivers subject to part 391 who operate
in interstate commerce. The results of
the examination must be recorded in
accordance with the requirements set
forth in that section. MEs are required
to maintain records of the CMV driver
medical examinations they conduct.
Discussion of Comments Received
In response to the Federal Register
notice published on July 3, 2019 (84 FR
31980), requesting public comment
concerning: (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
burden could be minimized without
reducing the quality of the collection
information, FMCSA received two
comments. One was from the OwnerOperator Independent Drivers
Association (OOIDA), and the other one
was from an individual. These
comments are outlined below, along
with FMCSA’s responses.
Is the collection necessary for the
performance of FMCSA’s functions?
OOIDA Comment
OOIDA stated that if this ICR is
renewed the number of inconsistencies
will continue to grow as certified MEs
with no personal relationship with the
driver attempt to evaluate years of longterm medication usage. It also stated
that the ICR invites second guessing of
a primary physician by certified MEs
who are empowered by an unreliable
medical form and that studies do not
show a significant number of CMV
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operators are crashing due to
prescription medication use. OOIDA
continued that this ICR will only
increase problems its members have
already experienced with certified MEs,
which have resulted in higher costs and
lengthy delays for drivers.
FMCSA Response
Section 391.41(b)(12)(ii) provides that
a certified ME may only certify a driver
who uses controlled drugs or substances
listed on Schedules II through V in 21
CFR part 1308 if the prescribing
healthcare professional provides certain
information to the certified ME.
Interstate CMV drivers are required to
use a certified ME listed on the National
Registry for their physical qualification
examination and certification.
Therefore, in many cases the driver is
going to a certified ME from whom he
or she does not routinely receive
healthcare and who is not a healthcare
professional prescribing medications for
the driver. The 391.41 CMV Driver
Medication Form, MCSA–5895, is an
optional tool a certified ME can use to
communicate with the prescribing
healthcare professional who has a
relationship with the driver and
understands the driver’s medical
history. The form provides a
standardized and efficient way for the
certified ME to obtain the information
needed to make a more informed
medical certification determination. The
decision to certify a driver is
discretionary and continues to rest with
the certifying ME.
FMCSA believes that use of the form
should streamline the certification
process and minimize the amount of
time needed to obtain the necessary
information from the prescribing
healthcare professional. In addition, 49
CFR 391.43(g)(4) provides a
‘‘determination pending category’’ that
allows up to 45 days to complete the
certification examination if the certified
ME determines additional information
is needed. The driver may continue to
operate a CMV during this period, as
long as the driver has an unexpired
MEC.
Individual Comment
This individual stated that the 391.41
CMV Driver Medication Form, MCSA–
5895, would not be necessary for every
examination because not every driver is
taking a medication that would require
the certified ME to collect this
information. The individual noted that
when a driver is using a Schedule II
drug or any other drug that may have
negative side effects, the information
collected aids the certified ME in
determining whether or not the driver’s
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prescribing physician has taken the
driver’s role into consideration and
standardizes the process.
FMCSA Response
The individual is correct that the form
would not be necessary for every
examination. The comment supports
that the form is useful in the
certification process.
Ways for FMCSA To Enhance the
Quality, Usefulness, and Clarity of the
Collected Information
Individual Comment
This individual provided the
following suggestions for enhancing the
quality, usefulness, and clarity of the
collected information.
• Add the commercial driver’s license
number as an identifier near the driver’s
date of birth on the form since this is
becoming the primary identifier for
CMV drivers across Commercial Driver
Medical Exams (CDMEs) and drug
screening for FMCSA.
• Consider making this form
mandatory during the CDME process for
drivers currently taking a Schedule II
drug.
• Facilitate use by the prescribing
provider by putting the CDME
information, date it was initiated, and
contact information on page 1, just
under the introduction (before the 49
CFR 391.41 excerpt).
• Change wording for precision in
question 2 to ‘‘. . . prescribed to the
above named individual by any other
treating health care provider.’’, instead
of ‘‘. . . by another treating. . . .’’
• Add a comments section for the
prescribing provider to use if having
difficulty answering ‘‘yes’’ or ‘‘no’’ to
question 4, or if has qualification or
clarification, etc.
• Consider adding wording to ‘‘The
Driver’s Role’’ that indicates:
Æ Duties may also include overhead
activity such as reaching, or forcefully
pushing or pulling (adjusting rear-view
mirror, tightening/loosening load
straps), and squatting (inspection, on
the road maintenance).
Æ FMCSA does not allow drivers to
be cleared medically for specific jobs or
duties; a medically qualified driver
must be able to do all aspects of ‘‘The
Driver’s Role.’’
FMCSA Response
Because there is moderate evidence to
support the contention that the licit use
of opioids increases the risk of motor
vehicle crashes and negatively impacts
indirect measures of driver
performance, FMCSA’s MRB and
MCSAC recommended FMCSA develop
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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. As part of their
recommendations, they suggested what
should be included on the form to assist
the certified ME in making a physical
qualification determination. FMCSA
considered their recommendations and
included the necessary information on
the form.
FMCSA has considered the
suggestions, but does not believe they
would enhance the usefulness of the
form or serve the purpose for which the
form was intended to be used. Adding
the driver’s license number to the form
would provide unnecessary personally
identifiable information to the
prescribing healthcare professional. The
certified ME’s contact information is
already clearly set forth on page 2 of the
form. The use of ‘‘by any other,’’ rather
than ‘‘another,’’ is not likely to create
confusion. FMCSA declines to add a
comments section to question 4 because
unqualified medical opinions are
sought. The Driver’s Role statement
adequately covers the activities
suggested. Question 4 states that the
medical opinions are to be consistent
with The Driver’s Role statement, which
is sufficient to indicate the entire
statement is to be considered.
The Agency also declines to make the
use of the form mandatory for Schedule
II drugs, which would require a
regulatory change to implement. The
form was not intended to address only
opioids. Moreover, 49 CFR 391.41(b)(12)
provides that a certified ME may only
certify a driver who uses controlled
drugs or substances listed on Schedules
II through V in 21 CFR part 1308 if the
prescribing healthcare professional
provides certain information to the
certified ME. FMCSA has provided the
391.41 CMV Driver Medication Form,
MCSA–5895, to be used by certified
MEs at their discretion and as a resource
in making medical certification
determinations of interstate CMV
drivers. The use of the form is
voluntary. The form is just one way that
certified MEs may communicate with
prescribing healthcare professionals so
that the certified MEs fully understand
the reasons the medications have been
prescribed. FMCSA encourages certified
MEs to use the form as often as they find
necessary.
Public Comments Invited: You are
asked to comment on any aspect of this
IC, including: (1) Whether the proposed
collection is necessary for the FMCSA to
perform its functions; (2) the accuracy of
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the estimated burden; (3) ways for the
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.
Issued under the authority delegated in 49
CFR 1.87 on: October 31, 2019.
Kelly Regal,
Associate Administrator for Office of
Research and Information Technology.
[FR Doc. 2019–24231 Filed 11–5–19; 8:45 am]
BILLING CODE 4910–EX–P
is unable to submit via www.Grants.gov,
an applicant may submit an original and
two (2) copies to Amy Houser, Office of
Program Delivery, Federal Railroad
Administration, 1200 New Jersey
Avenue SE, Room W36–412,
Washington, DC 20590. However, due to
delays caused by enhanced screening of
mail delivered via the U.S. Postal
Service, applicants are advised to use
other means of conveyance (such as
courier service) to assure timely receipt
of materials before the application
deadline.
For
further information regarding the R&E
Grant Program, please contact Ruthie
Americus, Office of Policy and
Planning, Federal Railroad
Administration, 1200 New Jersey
Avenue SE, Room W36–403,
Washington, DC 20590; email:
ruthie.americus@dot.gov; phone: 202–
493–0431. Grant application submission
and processing questions should be
addressed to Amy Houser, Office of
Program Delivery, Federal Railroad
Administration, 1200 New Jersey
Avenue SE, Room W36–412,
Washington, DC 20590; email:
amy.houser@dot.gov; phone: 202–493–
0303.
FOR FURTHER INFORMATION CONTACT:
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Notice of Funding Opportunity for the
Restoration and Enhancement Grants
Program
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of funding opportunity
(NOFO or notice).
AGENCY:
This notice details the
application requirements and
procedures to obtain grant funding for
eligible projects under the Restoration
and Enhancement (R&E) Grants
Program. This notice makes available
R&E Grants Program funding provided
by the Consolidated Appropriations Act,
2018 (2018 Appropriation) and the
Consolidated Appropriations Act, 2019
(2019 Appropriation), as well as
available funding remaining from the
Consolidated Appropriations Act, 2017
(2017 Appropriation). The opportunities
described in this notice are made
available under Catalog of Federal
Domestic Assistance (CFDA) number
20.324, ‘‘Restoration and
Enhancement.’’
DATES: Applications for funding under
this solicitation are due no later than
5:00 p.m. EDT January 6, 2020.
Applications for funding, or
supplemental material in support of an
application, received after 5:00 p.m.
EDT on January 6, 2020 will not be
considered for funding. Incomplete
applications will not be considered for
funding. See Section D of this notice for
additional information on the
application process.
ADDRESSES: Applications must be
submitted via www.Grants.gov. Only
applicants who comply with all
submission requirements described in
this notice and submit applications
through www.Grants.gov will be eligible
for award. For any supporting
application materials that an applicant
SUMMARY:
VerDate Sep<11>2014
17:43 Nov 05, 2019
Jkt 250001
Notice to
applicants: FRA recommends that
applicants read this notice in its entirety
prior to preparing application materials.
The term ‘‘grant’’ is used throughout
this document and is intended to
reference funding awarded through a
grant agreement, as well as funding
awarded through a cooperative
agreement. Definitions of key terms
used throughout the NOFO are provided
in Section A(2) below. These key terms
are capitalized throughout the NOFO.
There are several administrative
prerequisites and eligibility
requirements described herein with
which applicants must comply.
Additionally, applicants should note
that the required Project Narrative
component of the application package
may not exceed 25 pages in length.
SUPPLEMENTARY INFORMATION:
Table of Contents
A. Program Description
B. Federal Award Information
C. Eligibility Information
D. Application and Submission
Information
E. Application Review Information
F. Federal Award Administration
Information
G. Federal Awarding Agency Contacts
H. Other Information
PO 00000
Frm 00144
Fmt 4703
Sfmt 4703
59907
A. Program Description
1. Overview
The purpose of this notice is to solicit
applications for Operating Assistance
grants for Initiating, Restoring, or
Enhancing Intercity Rail Passenger
Transportation authorized in Sections
11104 and 11303 of the Fixing
America’s Surface Transportation
(FAST) Act, Public Law 114–94 (2015);
now codified at 49 U.S.C. 22908 1 and
funded in the 2018 and 2019
Appropriations Acts. FRA will consider
applications consistent with the
priorities in 49 U.S.C. 22908(d).
2. Definitions of Key Terms
a. ‘‘Enhancing’’ or ‘‘Enhance’’ means
upgrading or modifying the service
currently offered on a route or train.
Examples may include Operating Costs
associated with, but not limited to,
adding a station stop, increasing
frequency of a train (e.g., tri-weekly to
daily train service or increasing daily
train service frequencies), or modifying
on-board services offered on the train
(e.g., food or sleeping accommodations).
b. ‘‘Initiating’’ or ‘‘Initiate’’ means
commencing service on a route that did
not previously operate Intercity Rail
Passenger Transportation.
c. ‘‘Intercity Rail Passenger
Transportation’’ means rail passenger
transportation, except commuter rail
passenger transportation. See 49 U.S.C.
22901(3). In this notice, ‘‘Intercity
Passenger Rail Service’’ and ‘‘Intercity
Passenger Rail Transportation’’ are
equivalent terms to ‘‘Intercity Rail
Passenger Transportation.’’
d. ‘‘Net Operating Costs’’ are defined
as operating expenses incurred minus
operating revenue for an Intercity Rail
Passenger Transportation route.
e. ‘‘Operating Assistance’’ refers to
financial assistance covering allowable
Operating Costs.
f. ‘‘Operating Costs’’ means expenses
associated with the operation of
Intercity Rail Passenger Transportation.
Examples of such expenses may
include: Staffing costs for train
engineers, conductors, and on-board
service crew; diesel fuel or electricity
costs associated with train propulsion
power; station costs such as ticket sales,
customer information, and train
dispatching services; station building
utility and maintenance costs; lease
payments on rolling stock; routine
planned maintenance costs of
equipment and train cleaning; host
railroad access costs; train yard
1 The Department of Transportation Reports
Harmonization Act, Public Law 115–420, sec. 7
(2019) transferred this section from its location at
49 U.S.C. 24408 to 49 U.S.C. 22908.
E:\FR\FM\06NON1.SGM
06NON1
]]>Agencies
[Federal Register Volume 84, Number 215 (Wednesday, November 6, 2019)]
[Notices]
[Pages 59903-59907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24231]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2019-0101]
Agency Information Collection Activities; Information Collection
Renewal: 391.41 CMV Driver Medication Form, OMB Control Number: 2126-
0064
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice and request for comments.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA
announces its plan to submit the renewal Information Collection Request
(ICR) described below to the Office of Management and Budget (OMB) for
its review and approval and invites public comment. This Information
Collection (IC) is voluntary and may be utilized by certified Medical
Examiners (ME) responsible for issuing Medical Examiner's Certificates
(MEC) to commercial motor vehicle (CMV) drivers. Certified MEs who
choose to use this IC do so in an effort to communicate with treating
healthcare professionals, who are responsible for
[[Page 59904]]
prescribing certain medications, so that the certified MEs fully
understand the reasons the medications have been prescribed. The
information obtained by this IC assists the certified MEs in
determining if drivers are physically qualified and if there are
medical conditions or being treated with certain prescribed medications
that would adversely affect the drivers' ability to safely operate
CMVs. FMCSA requests approval to renew an ICR titled, ``391.41 CMV
Driver Medication Form.'' In response to the Federal Register notice
published on July 3, 2019, requesting public comment, FMCSA received
two comments.
DATES: Please send your comments to OMB by December 6, 2019. OMB must
receive your comments by this date in order to act quickly on the ICR.
ADDRESSES: All comments should reference Federal Docket Management
System (FDMS) Docket Number FMCSA-2019-0101. Interested persons are
invited to submit written comments on the proposed IC to the Office of
Information and Regulatory Affairs at OMB. Comments should be addressed
to the attention of the Desk Officer, Department of Transportation/
Federal Motor Carrier Safety Administration, and sent via electronic
mail to [email protected] or faxed to (202) 395-6974. An
alternative, though slower, method is by U.S mail to the Office of
Information and Regulatory Affairs, Office of Management and Budget,
Docket Library, Room 10102, 725 17th Street NW, Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT: Mr. Charles A. Horan III, Director,
Office of Carrier, Driver, and Vehicle, Safety Standards, U.S.
Department of Transportation, Federal Motor Carrier Safety
Administration, West Building 6th Floor, 1200 New Jersey Avenue SE,
Washington, DC 20590. Telephone: (202) 366-2362; email:
[email protected]. Office hours are from 9 a.m. to 5 p.m., Monday
through Friday, except Federal Holidays.
SUPPLEMENTARY INFORMATION:
Title: 391.41 CMV Driver Medication Form.
OMB Control Number: 2126-0064.
Type of Request: Renewal of a currently approved collection.
Respondents: Prescribing healthcare professionals.
Estimated Number of Respondents: Up to 1,223,470 (total number of
prescribing healthcare professionals in the U.S.).
Estimated Number of Responses: Up to 1,967,006 (total number of CMV
drivers who may be asked by a certified ME to have the 391.41 CMV
Driver Medication Form, MCSA-5895, completed by a prescribing
healthcare professional).
Estimated Time per Response: 8 minutes.
Expiration Date: January 31, 2020.
Frequency of Response: Voluntary.
Estimated Total Annual Burden: 262,267 hours.
Background: The primary mission of FMCSA is to reduce crashes,
injuries, and fatalities involving large trucks and buses. The
Secretary of Transportation has delegated to FMCSA 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 perform their work
safely.
Information used to determine and certify that a driver meets the
physical qualification standards must be collected in order for our
highways to be safe. FMCSA is the Federal government agency authorized
to require the collection of this information. 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 IC are outlined in the Federal Motor Carrier Safety
Regulations (FMCSRs) at 49 CFR parts 390-399. The FMCSRs at 49 CFR
391.41 set forth the physical qualification standards that interstate
CMV drivers who are subject to part 391 must meet, with the exception
of commercial driver's license/commercial learner's permit holders
transporting migrant workers (who must meet the physical qualification
standards set forth in 49 CFR 398.3). The FMCSRs covering driver
physical qualification records are found at 49 CFR 391.43, which
specify that a medical examination be performed on CMV drivers subject
to part 391 who operate in interstate commerce. The results of the
examination must be recorded in accordance with the requirements set
forth in that section.
The physical qualification standard regarding the use of drugs and
substances in 49 CFR 391.41(b)(12) states that a person is physically
qualified to drive a CMV if that person does not use any drug or
substance identified in 21 CFR 1308.11 Schedule I, an amphetamine, a
narcotic, or other habit-forming drug; or 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 49 CFR 382.107,\1\ 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.
---------------------------------------------------------------------------
\1\ A licensed medical practitioner means a person who is
licensed, certified, or registered, in accordance with applicable
Federal, State, local, or foreign laws and regulations, to prescribe
controlled substances and other drugs (49 CFR 382.107).
---------------------------------------------------------------------------
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 by a
subsequent Medical Expert Panel (MEP) to examine the relationship
between the licit use of a Schedule II drug and the risk of 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 in light of 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 certified MEs on the National Registry of Certified Medical
Examiners (National Registry) to send to treating healthcare
professionals of CMV drivers to expound on the use of these medications
by driver applicants. On October 22, 2013, the MRB submitted its
recommendations to FMCSA.
Thereafter, an MEP convened to provide an updated opinion on its
prior report titled, ``Schedule II Opioids and Stimulants & CMV Crash
Risk and Driver Performance.'' FMCSA revised the task of the MRB and
instructed it to review the updated evidence report and MEP opinions in
the report titled ``Schedule II Opioids and Stimulants & CMV Crash Risk
and Driver Performance: Evidence Report and Systematic Review'' that
was furnished subsequent to the MRB's deliberations. 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
[[Page 59905]]
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 negatively impacts indirect measures of driver performance,\2\
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
committees recommended to FMCSA that the standardized CMV driver
medication questionnaire be voluntary and include the following
information and questions:
---------------------------------------------------------------------------
\2\ Schedule II Opioids and Stimulants & CMV Crash Risk and
Driver Performance: Evidence Report and Systematic Review, October
18, 2014, available at https://rosap.ntl.bts.gov/view/dot/199.
---------------------------------------------------------------------------
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 at the end of 49 CFR
391.43 (Medical Examination; Certificate of Physical Examination).\3\
---------------------------------------------------------------------------
\3\ After the recommendations, FMCSA began using a new version
of the examination form titled Medical Examination Report Form,
MCSA-5875. This version does not include The Driver's Role
statement. Therefore, The Driver's Role statement no longer appears
in 49 CFR 391.43, but still appears on the 391.41 CMV Driver
Medication Form, MCSA-5895.
---------------------------------------------------------------------------
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 questions:
a. Question 1--List all medications and dosages that you have
prescribed to the above named individual.
b. Question 2--List any other medications and dosages that you are
aware have been prescribed to the above named individual by another
treating healthcare provider.
c. Question 3--What medical conditions are being treated with these
medications?
d. Question 4--It is my medical opinion that, considering the
mental and physical requirements of operating a CMV and with awareness
of a CMV driver's role (consistent with The Driver's Role statement on
page 2 of the form), I believe my patient: (a) Has no medication side
effects from medication(s) that I prescribe that would adversely affect
the ability to operate a CMV safely; and (2) has no medical
condition(s) that I am treating with the above medication(s) that would
adversely affect the ability to operate a CMV safely.
The public interest in, and right to have, safe highways requires
the assurance that drivers of CMVs can safely perform the increased
physical and mental demands of their duties. FMCSA's physical
qualification standards provide this assurance by requiring drivers to
be examined and medically certified as physically qualified to drive.
Accordingly, FMCSA developed the 391.41 CMV Driver Medication Form,
MCSA-5895.
The purpose of this voluntary collection of information is to
assist the certified ME in determining if the driver is physically
qualified under 49 CFR 391.41 and if there are disqualifying medical
conditions or certain prescribed medications that would adversely
affect the driver's ability to drive safely. Section 391.41(b)(12)
states that a person is physically qualified to drive a CMV if that
person does not use any drug or substance identified in 21 CFR 1308.11
Schedule I, an amphetamine, a narcotic, or other habit-forming drug; or
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 49 CFR
382.107, who is familiar with the driver's medical history and has
advised the driver that the substance will not adversely affect the
driver's ability to safely operate a CMV.
The use of the 391.41 CMV Driver Medication Form, MCSA-5895, is at
the discretion of the certified ME and facilitates communication with
treating healthcare professionals, who are responsible for prescribing
certain medications, so that the certified ME fully understands the
reasons the medications have been prescribed. Because the use of the
form is voluntary, there is no required collection frequency.
The 391.41 CMV Driver Medication Form, MCSA-5895, may be downloaded
from the FMCSA website. Prescribing healthcare professionals can 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 who requested the
completion of the form and is attached to the Medical Examination
Report Form, MCSA-5875, which becomes part of the CMV driver's record
maintained by the certified ME. Therefore, the information is not
available to the public. The FMCSRs covering driver physical
qualification records are found at 49 CFR 391.43, which specify that a
medical examination be performed on CMV drivers subject to part 391 who
operate in interstate commerce. The results of the examination must be
recorded in accordance with the requirements set forth in that section.
MEs are required to maintain records of the CMV driver medical
examinations they conduct.
Discussion of Comments Received
In response to the Federal Register notice published on July 3,
2019 (84 FR 31980), requesting public comment concerning: (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 burden could be minimized without
reducing the quality of the collection information, FMCSA received two
comments. One was from the Owner-Operator Independent Drivers
Association (OOIDA), and the other one was from an individual. These
comments are outlined below, along with FMCSA's responses.
Is the collection necessary for the performance of FMCSA's functions?
OOIDA Comment
OOIDA stated that if this ICR is renewed the number of
inconsistencies will continue to grow as certified MEs with no personal
relationship with the driver attempt to evaluate years of long-term
medication usage. It also stated that the ICR invites second guessing
of a primary physician by certified MEs who are empowered by an
unreliable medical form and that studies do not show a significant
number of CMV
[[Page 59906]]
operators are crashing due to prescription medication use. OOIDA
continued that this ICR will only increase problems its members have
already experienced with certified MEs, which have resulted in higher
costs and lengthy delays for drivers.
FMCSA Response
Section 391.41(b)(12)(ii) provides that a certified ME may only
certify a driver who uses controlled drugs or substances listed on
Schedules II through V in 21 CFR part 1308 if the prescribing
healthcare professional provides certain information to the certified
ME. Interstate CMV drivers are required to use a certified ME listed on
the National Registry for their physical qualification examination and
certification. Therefore, in many cases the driver is going to a
certified ME from whom he or she does not routinely receive healthcare
and who is not a healthcare professional prescribing medications for
the driver. The 391.41 CMV Driver Medication Form, MCSA-5895, is an
optional tool a certified ME can use to communicate with the
prescribing healthcare professional who has a relationship with the
driver and understands the driver's medical history. The form provides
a standardized and efficient way for the certified ME to obtain the
information needed to make a more informed medical certification
determination. The decision to certify a driver is discretionary and
continues to rest with the certifying ME.
FMCSA believes that use of the form should streamline the
certification process and minimize the amount of time needed to obtain
the necessary information from the prescribing healthcare professional.
In addition, 49 CFR 391.43(g)(4) provides a ``determination pending
category'' that allows up to 45 days to complete the certification
examination if the certified ME determines additional information is
needed. The driver may continue to operate a CMV during this period, as
long as the driver has an unexpired MEC.
Individual Comment
This individual stated that the 391.41 CMV Driver Medication Form,
MCSA-5895, would not be necessary for every examination because not
every driver is taking a medication that would require the certified ME
to collect this information. The individual noted that when a driver is
using a Schedule II drug or any other drug that may have negative side
effects, the information collected aids the certified ME in determining
whether or not the driver's prescribing physician has taken the
driver's role into consideration and standardizes the process.
FMCSA Response
The individual is correct that the form would not be necessary for
every examination. The comment supports that the form is useful in the
certification process.
Ways for FMCSA To Enhance the Quality, Usefulness, and Clarity of the
Collected Information
Individual Comment
This individual provided the following suggestions for enhancing
the quality, usefulness, and clarity of the collected information.
Add the commercial driver's license number as an
identifier near the driver's date of birth on the form since this is
becoming the primary identifier for CMV drivers across Commercial
Driver Medical Exams (CDMEs) and drug screening for FMCSA.
Consider making this form mandatory during the CDME
process for drivers currently taking a Schedule II drug.
Facilitate use by the prescribing provider by putting the
CDME information, date it was initiated, and contact information on
page 1, just under the introduction (before the 49 CFR 391.41 excerpt).
Change wording for precision in question 2 to ``. . .
prescribed to the above named individual by any other treating health
care provider.'', instead of ``. . . by another treating. . . .''
Add a comments section for the prescribing provider to use
if having difficulty answering ``yes'' or ``no'' to question 4, or if
has qualification or clarification, etc.
Consider adding wording to ``The Driver's Role'' that
indicates:
[cir] Duties may also include overhead activity such as reaching,
or forcefully pushing or pulling (adjusting rear-view mirror,
tightening/loosening load straps), and squatting (inspection, on the
road maintenance).
[cir] FMCSA does not allow drivers to be cleared medically for
specific jobs or duties; a medically qualified driver must be able to
do all aspects of ``The Driver's Role.''
FMCSA Response
Because there is moderate evidence to support the contention that
the licit use of opioids increases the risk of motor vehicle crashes
and negatively impacts indirect measures of driver performance, FMCSA's
MRB and MCSAC recommended 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. As part of their
recommendations, they suggested what should be included on the form to
assist the certified ME in making a physical qualification
determination. FMCSA considered their recommendations and included the
necessary information on the form.
FMCSA has considered the suggestions, but does not believe they
would enhance the usefulness of the form or serve the purpose for which
the form was intended to be used. Adding the driver's license number to
the form would provide unnecessary personally identifiable information
to the prescribing healthcare professional. The certified ME's contact
information is already clearly set forth on page 2 of the form. The use
of ``by any other,'' rather than ``another,'' is not likely to create
confusion. FMCSA declines to add a comments section to question 4
because unqualified medical opinions are sought. The Driver's Role
statement adequately covers the activities suggested. Question 4 states
that the medical opinions are to be consistent with The Driver's Role
statement, which is sufficient to indicate the entire statement is to
be considered.
The Agency also declines to make the use of the form mandatory for
Schedule II drugs, which would require a regulatory change to
implement. The form was not intended to address only opioids. Moreover,
49 CFR 391.41(b)(12) provides that a certified ME may only certify a
driver who uses controlled drugs or substances listed on Schedules II
through V in 21 CFR part 1308 if the prescribing healthcare
professional provides certain information to the certified ME. FMCSA
has provided the 391.41 CMV Driver Medication Form, MCSA-5895, to be
used by certified MEs at their discretion and as a resource in making
medical certification determinations of interstate CMV drivers. The use
of the form is voluntary. The form is just one way that certified MEs
may communicate with prescribing healthcare professionals so that the
certified MEs fully understand the reasons the medications have been
prescribed. FMCSA encourages certified MEs to use the form as often as
they find necessary.
Public Comments Invited: You are asked to comment on any aspect of
this IC, including: (1) Whether the proposed collection is necessary
for the FMCSA to perform its functions; (2) the accuracy of
[[Page 59907]]
the estimated burden; (3) ways for the 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.
Issued under the authority delegated in 49 CFR 1.87 on: October
31, 2019.
Kelly Regal,
Associate Administrator for Office of Research and Information
Technology.
[FR Doc. 2019-24231 Filed 11-5-19; 8:45 am]
BILLING CODE 4910-EX-P
