[Federal Register Volume 76, Number 51 (Wednesday, March 16, 2011)]
[Proposed Rules]
[Pages 14366-14367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5885]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 390 and 391

[Docket No. FMCSA-2008-0363]
RIN 2126-AA97


National Registry of Certified Medical Examiners

AGENCY: Federal Motor Carrier Safety Administration, Transportation.

ACTION: Request for public comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the 
Federal Motor Carrier Safety Administration (FMCSA) is making available 
for public comment a modification of the proposed information 
collection request (ICR) related to the notice of proposed rulemaking 
(NPRM) for the National Registry of Certified Medical Examiners (NRCME) 
published on December 1, 2008. In the comments on the NPRM, a commenter 
inquired as to what a motor carrier had to do to verify that a medical 
examiner's certificate had been issued to a commercial motor vehicle 
driver by a medical examiner listed on the proposed NRCME. In response 
to this and other comments, FMCSA is considering whether to require 
employers to verify that the medical examiner is listed and to place a 
record of such verification in the driver qualification file. This 
document is to inform the public that a modified ICR that includes this 
verification requirement under consideration is available for public 
comment. The other information collection requirements were made 
available for public comments at the same time as the NPRM. Therefore, 
comments will only be considered in response to this document with 
respect to the information collection aspects of the verification 
requirements under consideration by the Agency. Comments on the other 
information collection requirements proposed with the NPRM will not be 
considered.

DATES: Comments and related material must be submitted on or before May 
16, 2011.

ADDRESSES: You may submit comments identified by docket number FMCSA-
2008-0363 using any one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
     Fax: 202-493-2251.
     Mail: Docket Management Facility (M-30), U.S. Department 
of Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
     Hand delivery: Same as mail address above, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays. The 
telephone number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section

[[Page 14367]]

below for instructions on submitting comments.
    Comments must also be submitted to the Office of Information and 
Regulatory Affairs, Office of Management and Budget, New Executive 
Office Building, Room 10202, 725 17th Street, NW., Washington, DC 
20053, Attention: Desk Officer for the Department of Transportation.

FOR FURTHER INFORMATION CONTACT: Elaine Papp, Physical Qualifications 
Division, Federal Motor Carrier Safety Administration, 1200 New Jersey 
Ave., SE., Washington, DC 20590-0001. Telephone: (202) 366-4001. E-
mail: [email protected].

SUPPLEMENTARY INFORMATION: The Federal Motor Carrier Safety 
Administration (FMCSA) is making available for public comment a 
modification of the proposed information collection request (ICR) 
related to the notice of proposed rulemaking (NPRM) for the National 
Registry of Certified Medical Examiners (NRCME) published on December 
1, 2008 (73 FR 73129). Other information collection requirements were 
made available for public comments in the same issue as the NPRM (see 
73 FR at 73140-42).
    Public Participation and Request for Comments: We encourage you to 
submit comments on the modification to the Information Collection 
Request related to the proposed NRCME. All comments received will be 
posted, without change, to http://www.regulations.gov and will include 
any personal information you have provided.
    Privacy Act: Anyone can search the electronic form of comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review a 
Privacy Act, system of records notice regarding our public dockets in 
the January 17, 2008, issue of the Federal Register (73 FR 3316).
    Title: National Registry of Certified Medical Examiners (NRCME).
    Summary: The Secretary of Transportation is required to establish 
and maintain a national registry of medical examiners that are 
qualified to perform examinations and issue medical certificates that 
verify whether a CMV driver's physical qualifications meet FMCSA 
standards. In addition, medical examinations of CMV operators will be 
performed by MEs who have received training in physical and medical 
examination standards, and, after the NRCME is established, are listed 
on the NRCME. 49 U.S.C. 31136(a)(3) and 31149. Once the NRCME Program 
is implemented, FMCSA will accept medical examinations performed only 
by certified MEs listed on the NRCME, as required by law.
    Several new proposed information collection requirements related to 
the proposed NRCME were described in the Notice of Proposed Rulemaking 
published on December 1, 2008. In each case, the relationship of the 
proposed information collection to the proposals in the NPRM was 
explained, and an estimate of the information collection burden was 
provided. An opportunity to provide public comment on those 
requirements and the estimated burden, as required by the Paperwork 
Reduction Act, was made available at that time. FMCSA, in response to 
comments on the proposed rule, is considering whether to include an 
additional information collection requirement that would be a 
substantial modification of the information collection requirements 
involved. The provision under consideration would require employers of 
CMV drivers to verify the National Registry Number of the ME for each 
driver required to be examined by an ME on the National Registry, and 
place a note relating to verification in the driver qualification file. 
This information collection requirement provides proof the employer has 
met its obligation to require drivers to comply with the regulations 
that apply to the driver (49 U.S.C. 31135[a] and 49 CFR 390.11).
    Respondents (Including the Number of): The likely respondents to 
this proposed information requirement are the 1,193,083 employers of 
the 7,000,000 CMV drivers required to obtain medical certificates. In 
any given year, FMCSA estimates that approximately 4,600,00 CMV drivers 
will respond and provide their certificates to their employers.
    Frequency: FMCSA estimates that approximately 4,622,925 
verifications and recordkeeping actions will be performed by employers 
each year.
    Annual Burden Estimate: This proposal would result in an annual 
recordkeeping and reporting burden as follows:
    We estimate it will take motor carrier administrative personnel 4 
minutes to verify the National Registry Number, write a note regarding 
the verification, and file the note in the driver qualification file, 
so this will require approximately 308,195 hours of administrative 
personnel time on a yearly basis (4,622,925 verifications x 4 minutes/
60 minutes per verification = 308,195 hours).
    The total estimated annual recordkeeping and time burden for all 
information collections related to the physical qualification 
requirements is approximately 2,092,243 hours.
    Any comments submitted in response to this notice will be 
summarized in the request for OMB approval. All comments will also 
become a matter of public record.

    Dated: March 8, 2011.
Kelly Leone,
Associate Administrator and Chief Information Officer, Research and 
Information Technology, Director, Information Technology and Deputy 
CIO, FMCSA.
[FR Doc. 2011-5885 Filed 3-15-11; 8:45 am]
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