View Information Collection Request (ICR) Package

OMB Control No: 2126-0064	ICR Reference No: 202206-2126-004
Status: Historical Active	Previous ICR Reference No: 201911-2126-001
Agency/Subagency: DOT/FMCSA	Agency Tracking No:
Title: 391.41 CMV Driver Medication Form
Type of Information Collection: No material or nonsubstantive change to a currently approved collection	Common Form ICR: No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 02/06/2023
	Date Received in OIRA: 11/15/2022
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	04/30/2023	04/30/2023	04/30/2023
Responses	1,967,006	0	1,967,006
Time Burden (Hours)	262,267	0	262,267
Cost Burden (Dollars)	27,396,411	0	27,396,411

Abstract: 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.

Authorizing Statute(s): US Code: 49 USC 31136(a)(3) and 31502(b)

Citations for New Statutory Requirements: None

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 31980	07/03/2019
30-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 59903	11/06/2019
Did the Agency receive public comments on this ICR? No

Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
391.41 CMV Driver Medication Form	MCSA 5895

ICR Summary of Burden

	Total Approved	Previously Approved
Annual Number of Responses	1,967,006	1,967,006
Annual Time Burden (Hours)	262,267	262,267
Annual Cost Burden (Dollars)	27,396,411	27,396,411

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: 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).

Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination. Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination. No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

Agency Contact: Robin Hamilton 202 366-0072

View ICR - OIRA Conclusion