Agency Information Collection Activities; Renewal of an Approved Information Collection: 391.41 CMV Driver Medication Form, 7514-7516 [2023-02236]
Download as PDF
<![CDATA[
7514
Federal Register / Vol. 88, No. 23 / Friday, February 3, 2023 / Notices
been realized? Please provide a link to
your documents for reference.
Design Standards for the NHS
6. How could the FHWA regulations
governing Design Standards for
Highways (Part 625) be revised to
consistently support prioritization of the
safety of all users across all project
types?
7. What changes to other FHWA
regulations codified at Title 23, CFR are
needed to equitably improve safety for
people of all ages and abilities who use
urban and suburban streets?
8. What changes to other FHWA
regulations codified at Title 23, CFR are
needed to equitably improve safety for
people of all ages and abilities who use
rural roadways, including in rural
towns?
9. What, if any, elements of design are
not adequately covered by the existing
design standards in Part 625?
10. What specific provisions of Part
625 present an obstacle to equitably
improving safety for people outside of
vehicles, and why?
11. Are there additional documents
that FHWA should incorporate by
reference in Part 625 to better facilitate
the context-sensitive design of streets
that safely serve all users? Please
identify the documents and describe
why they should be referenced in the
regulation.
12. Does Part 625 create any
impediments to developing projects that
meet the goals of your agency? If so,
what goals are impeded, what are the
impediments, and how would you
suggest the regulation be revised?
Safety Performance Assessment
Applicability
lotter on DSK11XQN23PROD with NOTICES1
13. For which current projects (i.e., by
improvement type, funding program/
level, facility type, etc.) are safety
performance assessments or analyses
conducted in your State?
14. To what extent is the safety
performance assessed on non-HSIP
funded projects?
15. What policies or procedures on
conducting project-specific safety
performance assessments and analyses
does your agency have? Provide
examples and citations to relevant laws,
regulations, policies, procedures, or
other materials where possible.
Conducting a Safety Performance
Assessment
16. What methods, tools, and types of
safety performance assessments are used
to analyze project-specific safety
performance? What are the minimum
data and analysis requirements that
should be considered on how to
VerDate Sep<11>2014
17:51 Feb 02, 2023
Jkt 259001
conduct a safety performance
assessment?
17. With whom do States engage (i.e.
counties, cities, MPOs, rural planning
organizations, and other political
subdivisions) when assessing safety
performance? How do States engage the
public or use the safety performance
assessment results to communicate to
the public using inclusive and
representative processes?
18. How are safety performance
assessments integrated into the overall
project development cycle? At which
stage(s) of the project development
process (e.g., planning and
programming, environmental analysis,
design, operations and maintenance) are
project-specific safety performance
assessments conducted? Are evaluations
conducted after the project has been
implemented? Responses may include
examples of projects where safety
performance assessments were
conducted and how they informed the
final project deliverables.
19. How is safety performance
assessed or considered at the system
level planning or early transportation
project identification/prioritization
stage? How is network screening used to
inform project decisionmaking?
Safety Performance Assessment Process
Evaluation and Outcomes
20. What indicators or measures have
been used to determine the effectiveness
of safety performance assessments?
21. To what extent is the safety
performance assessment or analysis
used to inform project decisionmaking?
How is safety performance weighted in
relation to factors such as
environmental impact or traffic
congestion? Are there requirements to
include countermeasures or evaluation
of alternative designs that are expected
to improve safety performance? If yes,
please provide examples of the
requirements or projects where the
safety performance assessment led to
the implementation of countermeasures
and strategies that improved safety
performance.
22. How is safety performance
evaluated after the project is
implemented? To what extent are
countermeasures, alternative designs, or
strategies to improve safety performance
replicated on other projects, based on
past project evaluations?
Safety Performance Assessment
Implementation Considerations
23. What challenges or concerns does
your agency see with possible Federal
requirements for safety performance
assessments on certain Federal-aid
projects?
PO 00000
Frm 00121
Fmt 4703
Sfmt 4703
24. What challenges or concerns does
your agency see with possible Federal
requirements for implementing costeffective safety improvements resulting
from safety performance assessments?
25. What benefits does your agency
see with possible Federal requirements
for safety performance assessments on
certain Federal-aid projects where safety
may not be the sole motivation for the
project? What benefits does your agency
see for any Federal requirements for
cost-effective safety improvements
resulting from the assessments?
26. What criteria, thresholds,
characteristics, or other factors should
States consider when determining when
to conduct a project-specific safety
performance assessment or analysis for
projects on the Federal-aid highway
system?
27. What additional resources (i.e.,
staff, guidance, tools, budget, etc.)
would be necessary to adequately assess
the expected safety performance of
Federal-aid projects?
Authority: 23 U.S.C. 103, 109, 134,
135 and 402; Sec. 1404 of Pub. L. 114–
94, 129 Stat. 1312; 49 CFR 1.85; 23 CFR
part 625.
Signed in Washington, DC.
Gloria M. Shepherd,
Executive Director, Federal Highway
Administration.
[FR Doc. 2023–02285 Filed 2–2–23; 8:45 am]
BILLING CODE 4910–22–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2022–0133]
Agency Information Collection
Activities; Renewal of an Approved
Information Collection: 391.41 CMV
Driver Medication Form
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (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 review and approval and
invites public comment. FMCSA
requests approval to renew an ICR
titled, ‘‘391.41 CMV Driver Medication
Form.’’ This Information Collection (IC)
is voluntary and may be utilized by
Medical Examiners (MEs) responsible
for issuing Medical Examiner’s
SUMMARY:
E:\FR\FM\03FEN1.SGM
03FEN1
Federal Register / Vol. 88, No. 23 / Friday, February 3, 2023 / Notices
Certificates (MECs) to commercial motor
vehicle (CMV) drivers. MEs that choose
to use this IC do so to communicate
with treating healthcare professionals
who are responsible for prescribing
certain medications, so that the ME fully
understands the reasons the
medications have been prescribed. The
information obtained by the ME when
utilizing this IC assists the ME in
determining if the driver is medically
qualified and ensures that there are no
disqualifying medical conditions or
underlying medical conditions and
prescribed medications that could
adversely affect their safe driving ability
or cause incapacitation constituting a
risk to the public. FMCSA received one
comment in response to the Federal
Register notice published on September
8, 2022.
DATES: Comments on this notice must be
received on or before March 6, 2023.
ADDRESSES: Written comments and
recommendations for the proposed IC
should be sent within 30 days of
publication of this notice to
www.reginfo.gov/public/do/PRAMain.
Find this information collection by
selecting ‘‘Currently under 30-day
Review—Open for Public Comments’’ or
by using the search function.
FOR FURTHER INFORMATION CONTACT: Ms.
Christine A. Hydock, Medical Programs
Division, DOT, FMCSA, West Building
6th Floor, 1200 New Jersey Avenue SE,
Washington, DC 20590–0001; (202) 366–
0421; christine.hydock@dot.gov.
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 1,163,160 (total number of
prescribing healthcare providers in the
U.S.).
Estimated Time per Response: 8
minutes.
Expiration Date: April 30, 2023.
Frequency of Response: Other (use of
this IC is optional so there is no
required collection frequency).
Estimated Total Annual Burden:
279,465 hours.
lotter on DSK11XQN23PROD with NOTICES1
Background
FMCSA’s primary mission is to
reduce crashes, injuries, and fatalities
involving large trucks and buses. The
Secretary of Transportation has
delegated to FMCSA its responsibility
under 49 U.S.C. 31136 and 31502 to
prescribe regulations that ensure CMVs
are operated safely. As part of this
VerDate Sep<11>2014
17:51 Feb 02, 2023
Jkt 259001
mission, the Agency’s Medical Programs
Division works to ensure that CMV
drivers engaged in interstate commerce
are physically qualified and able to
safely perform their work.
The public interest in, and right to
have, safe highways requires the
assurance that drivers of CMVs can
safely perform the increased physical
and mental demands of their duties.
FMCSA’s physical qualification
standards provide this assurance by
requiring drivers to be examined and
medically certified as physically and
mentally qualified to drive.
The purpose for this voluntary IC is
to assist the ME in determining if the
driver is medically qualified under
§ 391.41 and to ensure that there are no
disqualifying medical conditions that
could adversely affect their safe driving
ability or cause incapacitation
constituting a risk to the public. Under
§ 391.41(b)(12), a person is physically
qualified to drive a CMV if that person
does not use any drug or substance
identified in 21 CFR 1308.11 Schedule
I, an amphetamine, a narcotic, or other
habit-forming drug; and does not use
any non-Schedule I drug or substance
that is identified in the other Schedules
in 21 CFR part 1308 except when the
use is prescribed by a licensed medical
practitioner, as defined in § 382.107,
who is familiar with the driver’s
medical history and has advised the
driver that the substance will not
adversely affect the driver’s ability to
safely operate a CMV.
The use of this IC is at the discretion
of the ME and facilitates communication
with treating healthcare professionals
who are responsible for prescribing
certain medications so that the ME fully
understands the reasons the
medications have been prescribed. This
information assists the ME in
determining whether the underlying
medical condition and the prescribed
medication will impact the driver’s safe
operation of a CMV. Therefore, there is
no required collection frequency.
The ‘‘391.41 CMV Driver Medication
Form, MCSA–5895,’’ may be
downloaded from the FMCSA website.
Prescribing healthcare providers are also
able to fax or scan and email the report
to the certified ME. Consistent with
OMB’s commitment to minimizing
respondents’ recordkeeping and
paperwork burdens and the increased
use of secure electronic modes of
communication, the Agency believes
that approximately 50 percent of the
‘‘391.41 CMV Driver Medication Forms,
MCSA–5895,’’ are transmitted
electronically.
The information collected from the
‘‘391.41 CMV Driver Medication Form,
PO 00000
Frm 00122
Fmt 4703
Sfmt 4703
7515
MCSA–5895,’’ is used by the certified
ME that requested the completion of the
form. The ‘‘391.41 CMV Driver
Medication Form, MCSA–5895,’’ is
attached to the ‘‘Medical Examination
Report Form, MCSA–5875,’’ which
becomes part of the CMV driver’s record
maintained by the certified ME. The
information is not available to the
public. The Federal Motor Carrier Safety
Regulations covering driver physical
qualification records are found at
§ 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 Comment Received
FMCSA received one comment from
the National Transportation Safety
Board (NTSB) in response to the 60-day
Federal Register notice published on
September 8, 2022 (87 FR 55077). The
NTSB’s comments are outlined below,
along with FMCSA’s response.
The NTSB supports the renewal of the
IC, but suggested FMCSA revise the IC
to make it a significantly more effective
evaluation tool. It specifically
recommended the following:
• Revise the ‘‘391.41 CMV Driver
Medication Form, MCSA–5895,’’ to
include all medications (prescriptions,
non-prescriptions, supplements) that
the provider is aware the driver uses
and all medical conditions that the
provider is aware the driver has,
regardless of whether those conditions
are treated with medications.
• Do not limit the IC to cases with
known potentially impairing
medications by removing the sentence
on the form that states, ‘‘During the
medical evaluation, it was determined
this individual is taking medication(s)
that may impair his/her ability to safely
operate a CMV.’’
• Clarify what is being asked of
responding providers by removing all
reference to regulations from the
instructions and clarifying that the
responding provider is expected only to
list medications/medical conditions and
to give a medical opinion on safety, not
to apply medical certification standards,
which is the responsibility solely of the
ME.
• Enable responding providers to give
complete medical opinions by revising
item 4 to ask the responding provider’s
medical opinion about whether any of
the driver’s known medications or
medical conditions pose a risk to safe
CMV operation, to provide the item
E:\FR\FM\03FEN1.SGM
03FEN1
7516
Federal Register / Vol. 88, No. 23 / Friday, February 3, 2023 / Notices
lotter on DSK11XQN23PROD with NOTICES1
with a third response option (‘‘yes/no/
unsure’’), and to include a field for any
clarifying comments.
FMCSA Response
FMCSA considered the NTSB’s
comments but does not believe its
recommendations would enhance the
quality, usefulness, and clarity of the
form based on the purpose for which the
form was intended to be used. The
‘‘391.41 CMV Driver Medication Form,
MCSA–5895,’’ was developed and
intended to be used as a tool to
supplement the information obtained
from the ‘‘Medical Examination Report
Form, MCSA–5875,’’ from the driver
during the ME’s review of the driver’s
health history, and from the physical
examination conducted by the ME. The
‘‘Medical Examination Report Form,
MCSA–5875,’’ already provides the ME
with a complete health history for the
driver including all current medications
(prescriptions, non-prescriptions,
supplements) and medical conditions as
reported by the driver.
The ‘‘391.41 CMV Driver Medication
Form, MCSA–5895,’’ specifically
addresses medication(s) that may impair
the driver’s ability to safely operate a
CMV so that the ME fully understands
the reasons the medications have been
prescribed and can consider the impact
the medication(s) and medical
conditions for which the medication(s)
has been prescribed may have on the
driver. This information combined with
the information obtained from the
‘‘Medical Examination Report Form,
MCSA–5875,’’ from the driver during
the ME’s review of the driver’s health
history, and from the physical
examination conducted by the ME, is
used by the ME when making a physical
qualification determination.
The ‘‘391.41 CMV Driver Medication
Form, MCSA–5895,’’ contains
information regarding the driver’s role
and regulation in § 391.41(b)(12) as a
reference for healthcare professionals
and does not indicate that the
healthcare professional must interpret
the regulation. The ‘‘391.41 CMV Driver
Medication Form, MCSA–5895,’’ clearly
states what is and is not expected of the
healthcare professional completing the
form by requesting the healthcare
professional review the regulation
provided, complete the form, and return
it to the ME. The form explains that the
final determination as to whether the
individual listed on the form is
physically qualified to drive a CMV will
be made by the certified ME. Question
4 was specifically intended to obtain the
medical opinion of the healthcare
professional completing the form
regarding the specific medication(s)
VerDate Sep<11>2014
17:51 Feb 02, 2023
Jkt 259001
they have prescribed to the driver for a
particular medical condition(s). It is the
responsibility of the ME to use the
information provided by the healthcare
professional completing the ‘‘391.41
CMV Driver Medication Form, MCSA–
5895,’’ as a tool to assist them in making
a physical qualification determination.
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
information; and (4) ways that the
burden could be minimized without
reducing the quality of the collected
information.
Issued under the authority of 49 CFR 1.87.
Thomas P. Keane,
Associate Administrator, Office of Research
and Registration.
[FR Doc. 2023–02236 Filed 2–2–23; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2022–0136]
Agency Information Collection
Activities; Renewal of an Information
Collection Request: Transportation of
Hazardous Materials; Highway Routing
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (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)
described below to the Office of
Management and Budget (OMB) for
review and approval. FMCSA requests
approval to renew an ICR titled,
‘‘Transportation of Hazardous Materials,
Highway Routing.’’ The information
reported by States and Indian Tribes is
necessary to identify designated/
restricted routes and restrictions or
limitations affecting how motor carriers
may transport certain hazardous
materials on highways, including dates
that such routes were established and
information on subsequent changes or
new hazardous materials routing
designations. FMCSA did not receive
any comments in response to the 60-day
Federal Register Notice published on
September 8, 2022.
SUMMARY:
PO 00000
Frm 00123
Fmt 4703
Sfmt 4703
Comments on this notice must be
received on or before March 6, 2023.
DATES:
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this information
collection by selecting ‘‘Currently under
30-day Review—Open for Public
Comments’’ or by using the search
function.
ADDRESSES:
Ms.
Melissa Williams, General Engineer,
Office of Safety/Hazardous Materials
Division, DOT, FMCSA, 6th Floor, West
Building, 1200 New Jersey Avenue SE,
Washington, DC 20590–0001; 202–366–
4163; melissa.williams@dot.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Title: Transportation of Hazardous
Materials, Highway Routing.
OMB Control Number: 2126–0014.
Type of Request: Renewal of a
currently approved ICR.
Respondents: The reporting burden is
shared by 50 States, the District of
Columbia, Indian Tribes with
designated routes, and U.S. Territories
including Puerto Rico, American
Samoa, Guam, the Commonwealth of
the Northern Mariana Islands, and the
U.S. Virgin Islands.
Estimated Number of Respondents: 57
[36 States + the District of Columbia,
with designated hazardous materials
highway routes + 19 States/U.S.
Territories without designated
hazardous materials highway routes + 1
Indian Tribe with a designated route =
57].
Estimated Time per Response: 15
minutes.
Expiration Date: April 30, 2023.
Frequency of Response: Once every 2
years.
Estimated Total Annual Burden: 7
hours [57 annual respondents × 1
response per 2 years × 15 minutes per
response/60 minutes per response =
7.125 hours rounded to 7 hours].
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
information; and (4) ways that the
burden could be minimized without
reducing the quality of the collected
information.
E:\FR\FM\03FEN1.SGM
03FEN1
]]>Agencies
[Federal Register Volume 88, Number 23 (Friday, February 3, 2023)]
[Notices]
[Pages 7514-7516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02236]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2022-0133]
Agency Information Collection Activities; Renewal of an Approved
Information Collection: 391.41 CMV Driver Medication Form
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice and request for comments.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA
announces its plan to submit the renewal Information Collection Request
(ICR) described below to the Office of Management and Budget (OMB) for
review and approval and invites public comment. FMCSA requests approval
to renew an ICR titled, ``391.41 CMV Driver Medication Form.'' This
Information Collection (IC) is voluntary and may be utilized by Medical
Examiners (MEs) responsible for issuing Medical Examiner's
[[Page 7515]]
Certificates (MECs) to commercial motor vehicle (CMV) drivers. MEs that
choose to use this IC do so to communicate with treating healthcare
professionals who are responsible for prescribing certain medications,
so that the ME fully understands the reasons the medications have been
prescribed. The information obtained by the ME when utilizing this IC
assists the ME in determining if the driver is medically qualified and
ensures that there are no disqualifying medical conditions or
underlying medical conditions and prescribed medications that could
adversely affect their safe driving ability or cause incapacitation
constituting a risk to the public. FMCSA received one comment in
response to the Federal Register notice published on September 8, 2022.
DATES: Comments on this notice must be received on or before March 6,
2023.
ADDRESSES: Written comments and recommendations for the proposed IC
should be sent within 30 days of publication of this notice to
www.reginfo.gov/public/do/PRAMain. Find this information collection by
selecting ``Currently under 30-day Review--Open for Public Comments''
or by using the search function.
FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Medical
Programs Division, DOT, FMCSA, West Building 6th Floor, 1200 New Jersey
Avenue SE, Washington, DC 20590-0001; (202) 366-0421;
[email protected].
SUPPLEMENTARY INFORMATION:
Title: 391.41 CMV Driver Medication Form.
OMB Control Number: 2126-0064.
Type of Request: Renewal of a currently approved collection.
Respondents: Prescribing healthcare professionals.
Estimated Number of Respondents: Up to 1,163,160 (total number of
prescribing healthcare providers in the U.S.).
Estimated Time per Response: 8 minutes.
Expiration Date: April 30, 2023.
Frequency of Response: Other (use of this IC is optional so there
is no required collection frequency).
Estimated Total Annual Burden: 279,465 hours.
Background
FMCSA's primary mission is to reduce crashes, injuries, and
fatalities involving large trucks and buses. The Secretary of
Transportation has delegated to FMCSA its responsibility under 49
U.S.C. 31136 and 31502 to prescribe regulations that ensure CMVs are
operated safely. As part of this mission, the Agency's Medical Programs
Division works to ensure that CMV drivers engaged in interstate
commerce are physically qualified and able to safely perform their
work.
The public interest in, and right to have, safe highways requires
the assurance that drivers of CMVs can safely perform the increased
physical and mental demands of their duties. FMCSA's physical
qualification standards provide this assurance by requiring drivers to
be examined and medically certified as physically and mentally
qualified to drive.
The purpose for this voluntary IC is to assist the ME in
determining if the driver is medically qualified under Sec. 391.41 and
to ensure that there are no disqualifying medical conditions that could
adversely affect their safe driving ability or cause incapacitation
constituting a risk to the public. Under Sec. 391.41(b)(12), a person
is physically qualified to drive a CMV if that person does not use any
drug or substance identified in 21 CFR 1308.11 Schedule I, an
amphetamine, a narcotic, or other habit-forming drug; and does not use
any non-Schedule I drug or substance that is identified in the other
Schedules in 21 CFR part 1308 except when the use is prescribed by a
licensed medical practitioner, as defined in Sec. 382.107, who is
familiar with the driver's medical history and has advised the driver
that the substance will not adversely affect the driver's ability to
safely operate a CMV.
The use of this IC is at the discretion of the ME and facilitates
communication with treating healthcare professionals who are
responsible for prescribing certain medications so that the ME fully
understands the reasons the medications have been prescribed. This
information assists the ME in determining whether the underlying
medical condition and the prescribed medication will impact the
driver's safe operation of a CMV. Therefore, there is no required
collection frequency.
The ``391.41 CMV Driver Medication Form, MCSA-5895,'' may be
downloaded from the FMCSA website. Prescribing healthcare providers are
also able to fax or scan and email the report to the certified ME.
Consistent with OMB's commitment to minimizing respondents'
recordkeeping and paperwork burdens and the increased use of secure
electronic modes of communication, the Agency believes that
approximately 50 percent of the ``391.41 CMV Driver Medication Forms,
MCSA-5895,'' are transmitted electronically.
The information collected from the ``391.41 CMV Driver Medication
Form, MCSA-5895,'' is used by the certified ME that requested the
completion of the form. The ``391.41 CMV Driver Medication Form, MCSA-
5895,'' is attached to the ``Medical Examination Report Form, MCSA-
5875,'' which becomes part of the CMV driver's record maintained by the
certified ME. The information is not available to the public. The
Federal Motor Carrier Safety Regulations covering driver physical
qualification records are found at Sec. 391.43, which specify that a
medical examination be performed on CMV drivers subject to part 391 who
operate in interstate commerce. The results of the examination must be
recorded in accordance with the requirements set forth in that section.
MEs are required to maintain records of the CMV driver medical
examinations they conduct.
Discussion of Comment Received
FMCSA received one comment from the National Transportation Safety
Board (NTSB) in response to the 60-day Federal Register notice
published on September 8, 2022 (87 FR 55077). The NTSB's comments are
outlined below, along with FMCSA's response.
The NTSB supports the renewal of the IC, but suggested FMCSA revise
the IC to make it a significantly more effective evaluation tool. It
specifically recommended the following:
Revise the ``391.41 CMV Driver Medication Form, MCSA-
5895,'' to include all medications (prescriptions, non-prescriptions,
supplements) that the provider is aware the driver uses and all medical
conditions that the provider is aware the driver has, regardless of
whether those conditions are treated with medications.
Do not limit the IC to cases with known potentially
impairing medications by removing the sentence on the form that states,
``During the medical evaluation, it was determined this individual is
taking medication(s) that may impair his/her ability to safely operate
a CMV.''
Clarify what is being asked of responding providers by
removing all reference to regulations from the instructions and
clarifying that the responding provider is expected only to list
medications/medical conditions and to give a medical opinion on safety,
not to apply medical certification standards, which is the
responsibility solely of the ME.
Enable responding providers to give complete medical
opinions by revising item 4 to ask the responding provider's medical
opinion about whether any of the driver's known medications or medical
conditions pose a risk to safe CMV operation, to provide the item
[[Page 7516]]
with a third response option (``yes/no/unsure''), and to include a
field for any clarifying comments.
FMCSA Response
FMCSA considered the NTSB's comments but does not believe its
recommendations would enhance the quality, usefulness, and clarity of
the form based on the purpose for which the form was intended to be
used. The ``391.41 CMV Driver Medication Form, MCSA-5895,'' was
developed and intended to be used as a tool to supplement the
information obtained from the ``Medical Examination Report Form, MCSA-
5875,'' from the driver during the ME's review of the driver's health
history, and from the physical examination conducted by the ME. The
``Medical Examination Report Form, MCSA-5875,'' already provides the ME
with a complete health history for the driver including all current
medications (prescriptions, non-prescriptions, supplements) and medical
conditions as reported by the driver.
The ``391.41 CMV Driver Medication Form, MCSA-5895,'' specifically
addresses medication(s) that may impair the driver's ability to safely
operate a CMV so that the ME fully understands the reasons the
medications have been prescribed and can consider the impact the
medication(s) and medical conditions for which the medication(s) has
been prescribed may have on the driver. This information combined with
the information obtained from the ``Medical Examination Report Form,
MCSA-5875,'' from the driver during the ME's review of the driver's
health history, and from the physical examination conducted by the ME,
is used by the ME when making a physical qualification determination.
The ``391.41 CMV Driver Medication Form, MCSA-5895,'' contains
information regarding the driver's role and regulation in Sec.
391.41(b)(12) as a reference for healthcare professionals and does not
indicate that the healthcare professional must interpret the
regulation. The ``391.41 CMV Driver Medication Form, MCSA-5895,''
clearly states what is and is not expected of the healthcare
professional completing the form by requesting the healthcare
professional review the regulation provided, complete the form, and
return it to the ME. The form explains that the final determination as
to whether the individual listed on the form is physically qualified to
drive a CMV will be made by the certified ME. Question 4 was
specifically intended to obtain the medical opinion of the healthcare
professional completing the form regarding the specific medication(s)
they have prescribed to the driver for a particular medical
condition(s). It is the responsibility of the ME to use the information
provided by the healthcare professional completing the ``391.41 CMV
Driver Medication Form, MCSA-5895,'' as a tool to assist them in making
a physical qualification determination.
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 information; and (4)
ways that the burden could be minimized without reducing the quality of
the collected information.
Issued under the authority of 49 CFR 1.87.
Thomas P. Keane,
Associate Administrator, Office of Research and Registration.
[FR Doc. 2023-02236 Filed 2-2-23; 8:45 am]
BILLING CODE 4910-EX-P
