[Federal Register Volume 70, Number 95 (Wednesday, May 18, 2005)]
[Notices]
[Pages 28596-28597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9897]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2005-20105]


Public Meeting To Discuss the Establishment of a National 
Registry of Certified Medical Examiners

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of public meeting.

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SUMMARY: FMCSA announces a public meeting concerning a National 
Registry of Certified Medical Examiners (NRCME). If established, the 
NRCME would be a database of medical examiners certified by FMCSA (or a 
third party) to conduct medical examinations of interstate commercial 
motor vehicle (CMV) drivers and effectively determine their physical 
qualifications to operate such vehicles

[[Page 28597]]

in interstate commerce as defined in 49 CFR 391.41. If the NRCME is 
implemented, the FMCSA would only accept medical examinations conducted 
by persons listed in the NRCME as proof of the physical qualifications 
standards for interstate CMV drivers. The meeting is intended to 
provide a general introduction to the NRCME concept and an opportunity 
for discussion with subject matter experts.

DATES: The meeting will be held on June 22, 2005. The meeting will 
begin at 9 a.m. and end at 1:15 p.m.

ADDRESSES: The meeting will be held at the Crystal City Marriott, 1999 
Jefferson Davis Highway, Arlington, VA 22202.

FOR FURTHER INFORMATION CONTACT: For information, contact Dr. Mary D. 
Gunnels, Office of Bus and Truck Standards and Operations, Physical 
Qualifications Division, 202-366-4001.

Information on Services for Individuals With Disabilities

    For information on facilities or services for individuals with 
disabilities or to request special assistance at the meeting, contact 
Ms. Margo Weeks, Axiom Resource Management, Inc., 703-379-0412, ext 
456.

SUPPLEMENTARY INFORMATION:

Background

    Interest in certifying medical examiners to evaluate interstate 
commercial motor vehicle operators dates back to 1978, when the 
National Highway Traffic Safety Administration commissioned a 
feasibility study on the issue. This study addressed the primary 
weakness in the overall system--the lack of medical examiner 
understanding of the relationship of driver physical condition to the 
task of operating CMVs interstate. The study found that there were not 
enough doctors to support a certified medical examiner system. Instead, 
it recommended certifying a few medical examiners who would determine 
fitness when there was a conflict between a driver's physician and the 
motor carrier's physician.
    In 1992, the Federal Motor Carrier Safety Regulations were amended 
to allow physicians' assistants, advanced nurse practitioners, and 
doctors of chiropractic to perform medical examinations of CMV 
operators, if permitted by state license (57 FR 33278; July 28, 1992). 
The number of potential medical examiners grew.
    The idea of certification resurfaced during the National 
Transportation Safety Board's (NTSB) January 21, 2000 public hearing in 
New Orleans concerning a 1999 crash where it was determined that the 
CMV operator had several life-threatening medical conditions. The NTSB 
concluded that medical examiners might not have the knowledge and 
information necessary to make appropriate decisions about driver 
fitness. In its ``Highway Accident Report, Motorcoach Run-Off-The-Road 
Accident, New Orleans, Louisiana, May 9, 1999'' (NTSB/HAR-01/01, PB 
2001--916201, Notation 7381, August 28, 2001), the NTSB recommended (H-
01-017 through H-01-024) that the FMCSA ``Develop a comprehensive 
medical oversight program for interstate commercial drivers* * *'' that 
includes requirements to ensure ``Individuals performing medical 
examinations for drivers are qualified to do so and are educated about 
occupational issues for drivers.''
    Most recently, the 107th Congress considered the issue of a 
National Registry in the Senate version of the Safe, Accountable, 
Flexible, and Efficient Transportation Equity Act of 2003 (S. 1072, 
Sec. 4228). The legislation included language regarding the physical 
examinations required of CMV operators by medical examiners who are 
proficient in physical and medical examination standards and listed on 
a national registry maintained by the U.S. Department of 
Transportation.

Development and Implementation of the NRCME

    Although Congress has not yet enacted legislation to require FMCSA 
to establish a registry of certified medical examiners, the Agency 
seeks to provide a general introduction to the NRCME concept and to 
initiate dialogue on the topic with subject matter experts. Through 
this dialogue, we also anticipate developing information that would 
allow us to exercise our current statutory authority under 49 U.S.C. 
31316 (the Motor Carrier Safety Act of 1984) and 49 U.S.C. 31502 (the 
Motor Carrier Act of 1935) to better ensure the physical qualifications 
of interstate CMV drivers.
    The NRCME would be used to identify medical examiners who have 
demonstrated to FMCSA that they have knowledge of the driver physical 
qualifications standards and all applicable advisory guidelines for use 
in determining whether an individual is qualified to operate CMVs in 
interstate commerce. Medical examiners listed in the NRCME would be 
trained and certified by FMCSA (or a third party) as being 
knowledgeable about the Federal driver physical qualifications 
standards. Medical examiners are not currently required to have 
specific training or demonstrate any special or unique understanding of 
motor carrier operations to medically certify CMV drivers.
    The delivery of program services and the ongoing operation of the 
National Registry would require the participation of private sector 
organizations that have relevant existing experience. These 
organizations would include medical associations and societies that 
provide education and training, as well as organizations that develop, 
administer and analyze certification examinations. Quality management/
quality control (certification, accreditation) for the program would be 
conducted using accepted existing practices in the private sector.

Meeting Participation

    All interested parties are encouraged to attend, including medical 
examiners, representatives of medical associations, certification and 
accreditation organizations, motor carriers and drivers, state motor 
carrier enforcement agencies, safety advocates and organizations. View 
the following Web site for more information: http://www.nrcme.fmcsa.dot.gov.

    Issued on: May 12, 2005.
Annette M. Sandberg,
Administrator.
[FR Doc. 05-9897 Filed 5-17-05; 8:45 am]
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