FMCSA is required by statute to
establish standards for the physical qualifications of drivers who
operate CMVs in interstate commerce for non-excepted industries.
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 (CDL/CLP) drivers transporting
migrant workers (who must meet the physical qualification standards
set forth in 49 CFR 398.3). The purpose of the voluntary collection
of this information is to enable the certified ME to determine if
the driver is physically qualified under 49 CFR 391.41 and if there
are disqualifying medical conditions 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.
Therefore, this voluntary collection allows certified MEs
responsible for issuing Medical Examiner’s Certificates (MECs) to
CMV drivers to communicate with healthcare professionals
responsible for prescribing the use of certain medications. The
information obtained allows certified MEs to fully understand the
reasons the medications have been prescribed and to determine
whether the use of the medications and the underlying condition
being treated preclude the issuance of an MEC. Because there is
moderate evidence to support the contention that the licit use of
opioids increases the risk of a motor vehicle crashes and impacts
indirect measures of driver performance negatively, the collection
of this information assists certified MEs in determining whether a
CMV driver is physically qualified to drive a CMV. Third-party
requirements of this ICR are being considered. Certified MEs will
be asking the prescribing healthcare professionals to complete the
391.41 CMV Driver Medication Form, MCSA-5895, for CMV drivers. In
addition to the population of prescribing healthcare professionals,
the population of CMV drivers who certified MEs may ask to have the
391.41 CMV Driver Medication Form, MCSA-5895, completed by a
prescribing healthcare professional, has been calculated. This ICR
reflects both interstate drivers subject to the FMCSRs and
intrastate drivers subject to compatible State regulations.
Although Federal regulations do not require States to comply with
the medical requirements in the FMCSRs, most States do mirror the
Federal requirements. If intrastate CMV drivers are subject to
compatible State regulations, the Agency anticipates that it is
likely that these drivers use certified MEs on the National
Registry of Certified Medical Examiners (National Registry) for
their physical qualification examinations, which may result in
certified MEs requesting prescribing healthcare professionals to
complete the 391.41 CMV Driver Medication Form, MCSA-5895. The use
of this ICR is at the discretion of the certified ME to facilitate
communication with treating healthcare professionals, who are
responsible for prescribing certain medications, to fully
understand the reasons the medications have been prescribed. This
information assists the certified ME in determining whether the
underlying medical condition and the prescribed medication will
adversely affect the driver’s safe operation of a CMV. Therefore,
there is no required collection frequency.
Program adjustment - due to
updated number of respondents and applicable wage data. Program
change – due to new data available and the inclusion of the number
of CMV drivers who may need a form completed on an annual basis to
determine the annual burden hours and costs. As a result of the
above updates, the annual burden hours have increased by 117,974
hours (144,293 to 262,267) and the annual costs have increased by
$12,268,733 ($15,127,678 to $27,396,411).
$0
No
Yes
No
No
No
No
Uncollected
Robin Hamilton 202
366-0072
No
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.
Form MCSA 5895 391.41 CMV Driver Medication Form
PRA-2126-0064 Renew SS for 30 day notice 102419 final for use.docx
30-Day FR for 2126-0064.pdf
391.41 CMV Driver Medication Form