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Federal Register / Vol. 84, No. 128 / Wednesday, July 3, 2019 / Notices

Executive Orders (E.O.) Relating to
Highway Projects
• E.O. 11990, Protection of Wetlands
• E.O. 11988, Floodplain Management
(except approving design standards
and determinations that a significant
encroachment is the only practicable
alternative under 23 CFR 650.113 and
650.115)
• E.O. 12898, Federal Actions to
Address Environmental Justice in
Minority Populations and Low
Income Populations
• E.O. 13807, Establishing Discipline
and Accountability in the
Environmental Review and Permitting
Process for Infrastructure Projects (aka
‘‘One Federal Decision’’)
• E.O. 13112, Invasive Species
The proposed renewal MOU would
allow TxDOT to continue to act in the
place of FHWA in carrying out the
environmental review-related functions
described above, except with respect to
government-to-government
consultations with federally recognized
Indian Tribes. The FHWA will retain
responsibility for conducting formal
government-to-government consultation
with federally recognized Indian Tribes,
which is required under some of the
listed laws and executive orders. The
TxDOT will continue to handle routine
consultations with the Tribes and
understands that a Tribe has the right to
direct consultation with FHWA upon
request. The TxDOT also may assist
FHWA with formal consultations, with
consent of a Tribe, but FHWA remains
responsible for the consultation. The
FHWA and TxDOT have received
requests for formal consultations with
several Tribes regarding the proposed
renewal of the MOU and currently are
engaged in ongoing consultations. The
TxDOT also will not assume FHWA’s
responsibilities for conformity
determinations required under Section
176 of the CAA (42 U.S.C. 7506) or any
responsibility under 23 U.S.C. 134 or
135, or under 49 U.S.C. 5303 or 5304.
The MOU content reflects TxDOT’s
desire to continue its participation in
the Program without any changes (that
is, no new responsibilities were
requested). The FHWA and TxDOT have
agreed to modify some of the provisions
in the MOU to: Establish the monitoring
process required by the permanent
Program; accommodate changes
specified in Section 1308 of the Fixing
America’s Surface Transportation Act;
clarify the role of the U.S. Department
of Justice and FHWA in settlements and
appeals; and to make the renewed MOU
notice and review time frames
consistent with other States in this
Program.

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A copy of the proposed renewal MOU
and renewal package may be viewed on
the docket at www.regulations.gov, as
described above, or may be obtained by
contacting FHWA or the State at the
ADDRESSES provided above. A copy also
may be viewed on TxDOT’s website at:
https://www.txdot.gov/inside-txdot/
division/environmental/nepaassignment.html. The FHWA Texas
Division, in consultation with FHWA
Headquarters, will consider the
comments submitted when making its
decision on the proposed MOU revision.
Any final renewal MOU approved by
FHWA may include changes based on
comments and consultations relating to
the proposed renewal MOU and will be
made publicly available.
(Catalog of Federal Domestic Assistance
Program Number 20.205, Highway Planning
and Construction. The regulations
implementing Executive Order 12372
regarding intergovernmental consultation on
Federal programs and activities apply to this
program.)
Authority: 23 U.S.C. 327; 42 U.S.C. 4331,
4332; 23 CFR 771.117; 40 CFR 1507.3,
1508.4.
Issued on: June 25, 2019.
Nicole R. Nason,
Administrator, Federal Highway
Administration.
[FR Doc. 2019–14198 Filed 7–2–19; 8:45 am]
BILLING CODE 4910–22–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 Medical
Examiners (MEs) responsible for issuing
Medical Examiner’s Certificates (MECs)
to commercial motor vehicle (CMV)
drivers. MEs that choose to use this IC
do so in an effort to communicate with

SUMMARY:

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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 under 49 CFR 391.41 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 requests approval to
renew an ICR titled, ‘‘391.41 CMV
Driver Medication Form.’’
DATES: We must receive your comments
on or before September 3, 2019.
ADDRESSES: You may submit comments
identified by Federal Docket
Management System (FDMS) Docket
Number FMCSA–2019–0101 using any
of the following methods:
• Federal eRulemaking Portal: http://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: 1–202–493–2251.
• Mail: Docket Operations; U.S.
Department of Transportation, 1200
New Jersey Avenue SE, West Building,
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery or Courier: U.S.
Department of Transportation, 1200
New Jersey Avenue SE, West Building,
Ground Floor, Room W12–140,
Washington, DC 20590–0001 between 9
a.m. and 5 p.m. ET, Monday through
Friday, except Federal holidays.
Instructions: All submissions must
include the Agency name and docket
number. For detailed instructions on
submitting comments, see the Public
Participation heading below. Note that
all comments received will be posted
without change to http://
www.regulations.gov, including any
personal information provided. Please
see the Privacy Act heading below.
Docket: For access to the docket to
read background documents or
comments received, go to http://
www.regulations.gov, and follow the
online instructions for accessing the
dockets, or go to the street address listed
above.
Privacy Act: In accordance with 5
U.S.C. 553(c), DOT solicits comments
from the public to better inform its
rulemaking process. DOT posts these
comments, without edit, including any
personal information the commenter
provides, to www.regulations.gov, as
described in the system of records
notice (DOT/ALL 14—FDMS), which
can be reviewed at
www.transportation.gov/privacy.

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Federal Register / Vol. 84, No. 128 / Wednesday, July 3, 2019 / Notices
Public Participation: The Federal
eRulemaking Portal is available 24
hours each day, 365 days each year. You
can obtain electronic submission and
retrieval help and guidelines under the
‘‘help’’ section of the Federal
eRulemaking Portal website. If you want
us to notify you that we received your
comments, please include a selfaddressed, stamped envelope or
postcard, or print the acknowledgement
page that appears after submitting
comments online. Comments received
after the comment closing date will be
included in the docket and will be
considered to the extent practicable.
FOR FURTHER INFORMATION CONTACT: 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.
SUPPLEMENTARY INFORMATION:
Background: The primary mission of
the Federal Motor Carrier Safety
Administration (FMCSA) is to reduce
crashes, injuries, and fatalities involving
large trucks and buses. The Secretary of
Transportation has delegated to FMCSA
its responsibility under 49 U.S.C. 31136
and 31502 to prescribe regulations that
ensure CMVs are operated safely. As
part of this mission, the Agency’s
Medical Programs Division works to
ensure that CMV drivers engaged in
interstate commerce are physically
qualified and able to safely perform
their work.
Information used to determine and
certify 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 and the
authorizing regulations are located at 49
CFR 390–399. FMCSA is required by
statute to establish standards for the
physical qualifications of drivers who
operate CMVs in interstate commerce
for non-excepted industries [49 U.S.C.
31136(a)(3) and 31502(b)]. The
regulations discussing this collection
are outlined in the Federal Motor
Carrier Safety Regulations (FMCSRs) at
49 CFR 390–399. 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

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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; and does not use
any non-Schedule I drug or substance
that is identified in the other Schedules
in 21 part 1308 except when the use is
prescribed by a licensed medical
practitioner, as defined in 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.
In 2006, FMCSA’s Medical Review
Board (MRB) deliberated on the topic of
the use of Schedule II medications. The
MRB considered information provided
in a 2006 FMCSA sponsored Evidence
Report and a subsequent Medical Expert
Panel (MEP) to examine the relationship
between the licit use of a Schedule II
drug and the risk for a motor vehicle
crash. In 2013, FMCSA tasked the MRB
with updating the opinions and
recommendations of the 2006 Evidence
Report and MEP.
On September 10, 2013, the MRB and
Motor Carrier Safety Advisory
Committee (MCSAC) met jointly to hear
presentations on the licit use of
Schedule II medications and their
regulation, and on U.S. Department of
Transportation drug and alcohol testing
protocols. Subsequently, the committees
engaged in a discussion on the issue as
it applies to CMV drivers. On September
11, 2013, the MRB discussed the issue
in greater detail as its task to present a
letter report to the Agency relating to
CMV drivers and Schedule II
medication use and to develop a form
for MEs on the National Registry of
Certified Medical Examiners (National
Registry) to send to treating clinicians of
CMV drivers to expound on the use of
these medications by driver applicants.
On October 22, 2013, the MRB
submitted their recommendations to
FMCSA.
A MEP convened to provide an
updated opinion on ‘‘Schedule II
Opioids and Stimulants & CMV Crash
Risk and Driver Performance.’’ The

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31981

FMCSA revised the task of the MRB
instructing them to review an updated
evidence report and the MEP opinion
that was furnished subsequent to its
deliberations on ‘‘Schedule II Opioids
and Stimulants & CMV Crash Risk and
Driver Performance: Evidence Report
and Systematic Review.’’ FMCSA
directed the MRB to consider this
report’s findings and confer with the
MCSAC on this topic during a joint
meeting in October 2014. The MRB met
in public meetings on July 29–30, 2014,
and developed Schedule II medication
recommendations. The MRB presented
these recommendations to the MCSAC
in a joint public meeting on October 27,
2014, where they were deliberated by
both committees. As a result, FMCSA’s
MRB and MCSAC provided joint
recommendations related to the use of
Schedule II medications by CMV
drivers.
Because there is moderate evidence to
support the contention that the licit use
of opioids increases the risk of motor
vehicle crashes and impacts indirect
measures of driver performance
negatively,1 included was the
recommendation that FMCSA develop a
standardized medication questionnaire
to assist the certified ME when
reviewing prescription medications that
have been disclosed during the history
and physical examination for CMV
driver certification. The two advisory
groups recommended to FMCSA that
the standardized CMV driver
medication questionnaire be voluntary
and include the following information
and questions:
1. Questionnaire should be titled,
‘‘391.41 CMV Driver Medication
Questionnaire.’’
2. Questionnaire should request the
following information:
a. Identifying name and date of birth
of the CMV driver.
b. Introductory paragraph stating
purpose of the CMV Driver Medication
Report.
c. Statements of 391.41(b)(12)
(Physical Qualifications of Drivers
relating to driver use of scheduled
substances) and The Driver’s Role, as
found in the Medical Examination
Report form found at the end of 49 CFR
391.43 (Medical Examination;
Certificate of Physical Examination).
d. Name, state of licensure, signature,
address, and contact information of the
prescribing healthcare provider, as well
as the date the form was completed.
e. Name, signature, date, address, and
contact information of the certified ME.
1 Schedule II Opioids and Stimulants & CMV
Crash Risk and Driver Performance: Evidence
Report and Systematic Review.

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Federal Register / Vol. 84, No. 128 / Wednesday, July 3, 2019 / Notices

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 and
mentally qualified to drive.
The purpose for this voluntary
collection of information is to assist the
ME in determining if the driver is
medically qualified under 49 CFR
391.41 and to ensure that there are no
disqualifying medical conditions that
could adversely affect their safe driving
ability or cause incapacitation
constituting a risk to the public. 49 CFR
391.41(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; and does
not use any non-Schedule I drug or
substance that is identified in the other
Schedules in 21 part 1308 except when
the use is prescribed by a licensed
medical practitioner, as defined in 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 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

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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 the
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 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.
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 providers in the
U.S.)
Estimated Number of Responses: Up
to 1,967,006 (total number of CMV
drivers that may be asked by a certified
ME to have the ‘‘391.41 CMV Driver
Medication Form, MCSA–5895’’
completed by a prescribing healthcare
provider).
Estimated Time per Response: 8
minutes.
Expiration Date: January 31, 2020.
Frequency of Response: Voluntary.
Estimated Total Annual Burden:
262,267 hours.

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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. The Agency will
summarize or include your comments in
the request for OMB’s clearance of this
information collection.
Issued under the authority of 49 CFR 1.87
on: June 25, 2019.
Kelly Regal,
Associate Administrator for Office of
Research and Information Technology.
[FR Doc. 2019–14228 Filed 7–2–19; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2019–0157]

Agency Information Collection
Activities; Revision of an Approved
Information Collection: Training
Certification for Entry-Level
Commercial Motor Vehicle Operators
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice and request for
comments.
AGENCY:

In accordance with the
Paperwork Reduction Act of 1995,
FMCSA announces its plan to submit
the Information Collection Request (ICR)
described below to the Office of
Management and Budget (OMB) for its
review and approval and invites public
comment. FMCSA requests approval to
revise an ICR titled ‘‘Training
Certification for Entry-Level
Commercial Motor Vehicle Operators,’’
which will now be used to register
providers of entry-level driver training
and to provide State Drivers’ Licensing
Agencies with information on
individuals who have completed said
training. If approved, this revision
would obviate the need for FMCSA to
seek renewal on the ICR.
DATES: We must receive your comments
on or before September 3, 2019.
ADDRESSES: You may submit comments
identified by Federal Docket
Management System (FDMS) Docket
Number FMCSA–2019–0157 using any
of the following methods:
SUMMARY:

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