Notice2026-18863
Agency Information Collection Activities; Renewal of an Approved Information Collection Request: 391.41 CMV Driver Medication Form
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 15, 2026
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
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. This Information Collection (IC) is voluntary and may be utilized by medical examiners (ME) responsible for issuing Medical Examiner's 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. One comment was received in response to the 60-day Federal Register publication.
Full Text
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<title>Federal Register, Volume 91 Issue 177 (Tuesday, September 15, 2026)</title>
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[Federal Register Volume 91, Number 177 (Tuesday, September 15, 2026)]
[Notices]
[Pages 58523-58524]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-18863]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2026-0760]
Agency Information Collection Activities; Renewal of an Approved
Information Collection Request: 391.41 CMV Driver Medication Form
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice and request for comments.
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SUMMARY: 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. This Information Collection (IC) is voluntary and may be
utilized by medical examiners (ME) responsible for issuing Medical
Examiner's 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. One comment was
received in response to the 60-day Federal Register publication.
DATES: Comments on this notice must be received on or before October
15, 2026.
ADDRESSES: Written comments and recommendations for the proposed
information collection should be submitted within 30 days of
publication of this notice to <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. 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, 1200 New Jersey Avenue SE, Washington,
DC 20590-0001; (202) 366-4001; <a href="/cdn-cgi/l/email-protection#9efdf6ecf7edeaf7f0fbb0f6e7faf1fdf5defaf1eab0f9f1e8"><span class="__cf_email__" data-cfemail="84e7ecf6edf7f0edeae1aaecfde0ebe7efc4e0ebf0aae3ebf2">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Title: 391.41 CMV Driver Medication Form.
OMB Control Number: 2126-0064.
Type of Request: Renewal of a currently approved ICR.
Respondents: Prescribing healthcare professionals.
Estimated Number of Respondents: Up to 1,470,185 (total number of
prescribing healthcare providers in the United States).
Estimated Time per Response: 8 minutes.
Expiration Date: September 30, 2026.
Frequency of Response: Other (use of this IC is optional so there
is no required collection frequency).
Estimated Total Annual Burden: 311,375 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 require
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 of this voluntary IC is to assist the ME in determining
if the driver is medically qualified under 49 Code of Federal
Regulations (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.
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 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 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 either 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
[[Page 58524]]
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 must 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.
The initial 60-day Federal Register notice was published May 7,
2026 (91 FR 24958) and one comment was received. The National
Transportation Safety Board (NTSB) supported the renewal of the
collection but continues to recommend revising the collection to
improve the quality and usefulness of the information available to MEs.
NTSB reiterated the same recommendations it made in response to the
collection's previous request for comment on the 60-day Federal
Register notice published on September 8, 2022 (87 FR 55077). NTSB
specifically recommended the following:
<bullet> 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.
<bullet> 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.''
<bullet> 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.
<bullet> 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 with
a third response option (``yes/no/unsure''), and to include a field for
any clarifying comments.
FMCSA Response
FMCSA acknowledges NTSB's comment. However, FMCSA maintains its
original response, published in the 30-day Federal Register notice on
February 3, 2023 (88 FR 7514). FMCSA still finds that NTSB's
recommendation would not enhance the ``391.41 CMV Driver Medication
Form, MCSA-5895,'' because the form is 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 form specifically
address 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 to make an informed physical
qualification determination.
FMCSA maintains that 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.
Lastly, item 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.
Nicole S. Michel,
Acting Associate Administrator, Office of Research and Registration.
[FR Doc. 2026-18863 Filed 9-14-26; 8:45 am]
BILLING CODE 4910-EX-P
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