[Federal Register Volume 76, Number 95 (Tuesday, May 17, 2011)]
[Proposed Rules]
[Pages 28403-28405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11934]


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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

ACTION: Notice of availability of draft guidance; request for comments.

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SUMMARY: FMCSA announces the availability for public review and comment 
draft guidance for the core curriculum specifications that could be 
used by training providers in implementing the National Registry of 
Certified Medical Examiners (National Registry) proposed rule. The 
National Registry is required by section 4116 of the Safe, Accountable, 
Flexible, Efficient Transportation Equity Act: A Legacy for Users 
(SAFETEA-LU). On December 1, 2008, the Agency published a Notice of 
Proposed Rulemaking to implement the National Registry and the proposal 
included minimum training requirements for medical examiners. The draft 
guidance announced by this notice would provide core curriculum 
specifications as additional information for training organizations 
that may need such assistance in developing training

[[Page 28404]]

courses and materials consistent with the proposed minimum training 
requirements.

DATES: Comments and related material must be submitted on or before 
June 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 below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: Dr. Mary Gunnels at 202-366-4001 or 
via e-mail at [email protected].

SUPPLEMENTARY INFORMATION: Public Participation and Request for 
Comments: We encourage you to submit comments and related material on 
the draft guidance for the core curriculum specifications. All comments 
received will be posted, without change, to http://www.regulations.gov 
and will include any personal information you have provided.
    Submitting comments: If you submit a comment, please include the 
docket number for this notice (FMCSA-2008-0363) and provide a reason 
for each suggestion or recommendation. You may submit your comments and 
material online by fax, mail, or hand delivery but please use only one 
of these means. We recommend that you include your name and a mailing 
address, an e-mail address, or a telephone number in the body of your 
document so that we can contact you if we have questions regarding your 
submission.
    To submit your comment online, go to http://www.regulations.gov, 
click on the ``submit a comment'' box, which will then become 
highlighted in blue. In the ``Document Type'' drop down menu select 
``Notices'' and insert ``FMCSA-20008-0363'' in the ``Keyword'' box. 
Click ``Search'' then click on the balloon shape in the ``Actions'' 
column. If you submit your comments by mail or hand delivery, submit 
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable 
for copying and electronic filing. If you submit them by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period.
    Viewing the comments: To view the comments, go to http://www.regulations.gov, click on the ``read comments'' box, which will 
then become highlighted in blue. In the ``Keyword'' box insert ``FMCSA-
2008-0363'' and click ``Search.'' Click the ``Open Docket Folder'' in 
the ``Actions'' column. If you do not have access to the Internet, you 
may view the docket online by visiting the Docket Management Facility 
in Room W12-140 on the ground floor of the Department of Transportation 
West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.
    Privacy Act: Anyone is able to search the electronic form for all 
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 the 
U.S. Department of Transportation's (DOT) Privacy Act system of records 
notice for DOT Federal Docket Management System (FDMS) in the Federal 
Register published on January 17, 2008 (73 FR 3316) at http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

Background

    On December 1, 2008, FMCSA published a Notice of Proposed 
Rulemaking (NPRM) for the establishment of a National Registry of 
Certified Medical Examiners (National Registry), 73 FR 73129. The 
National Registry and requirements for medical examiner training are 
required by section 4116 of SAFETEA-LU, as codified in 49 U.S.C. 
31136(a)(3), and 49 U.S.C. 31149(c) and (d).
    One of the components proposed in the NPRM was a provision that 
medical examiners would be required to successfully complete certain 
training and testing prior to being listed on the National Registry. 
The training would be based on ``core curriculum specifications'' 
developed by FMCSA. In the NPRM, FMCSA stated that the core curriculum 
specifications would be based on the current physical qualifications 
regulations and advisory criteria for conducting commercial motor 
vehicle (CMV) driver medical examinations and that they would be 
periodically reviewed and updated by FMCSA. The Agency also said it 
would provide to private-sector training organizations guidance about 
the core curriculum specifications for use in delivering effective 
training to medical examiners about FMCSA's physical qualification 
standards. See 73 FR 73132-33. However, the Agency did not include for 
public comment the guidance about the core curriculum specifications 
that would be made available to assist training providers in developing 
courses and training materials.
    Several comments submitted in response to the NPRM expressed 
concern that the Agency did not provide more information about the core 
curriculum in the proposed rule for public review and comment and 
questioned how guidance for training providers would be established and 
implemented. FMCSA acknowledges the commenters' concerns about the need 
for providing the public with an opportunity to review any draft 
guidance that would be provided for training providers about the core 
curriculum specifications. Therefore, FMCSA has completed draft 
guidance for the medical examiner training core curriculum 
specifications and posted the guidance on the National Registry Web 
site (http://nrcme.fmcsa.dot.gov) and in the public docket for the 
National Registry rulemaking and this notice (FMCSA-2008-0363).
    FMCSA requests public comment on the draft guidance for the medical 
examiner proposed core curriculum specifications. Because the guidance 
is intended to be used as information to assist training providers in 
developing effective, up-to-date courses for medical examiners, it 
would be subject to periodic review and change based on any future 
amendments or revisions to the physical qualifications standards under 
49 CFR part 391 issued by FMCSA, and changes in medical procedures and 
treatments incorporated into the Agency's advisory criteria. For that 
reason, the Agency does not intend to incorporate the core curriculum 
specifications into the regulatory text of the NRCME final rule that is 
expected to be issued later in 2011.
    The Agency will consider including in the notice-and-comment 
rulemaking procedures that would be used to propose amendments or 
revisions to the actual physical qualifications standards any changes 
to the guidance for the core curriculum specifications. The Agency 
requests public comment on its preliminary decision.

[[Page 28405]]

    Please follow the above instructions for submitting comments to the 
docket (FMCSA-2008-0363) commenting on the medical examiner draft 
training specifications. While FMCSA will consider all comments, FMCSA 
specifically requests that commenters focus on improving the clarity, 
and accuracy of the draft guidance to the proposed core curriculum 
specifications.
    In addition to the draft guidance for the core curriculum 
specifications, FMCSA has posted a sample training module on the 
National Registry Web site (http://nrcme.fmcsa.dot.gov) to assist 
training providers in developing a curriculum that meets the training 
specifications.

    Dated: May 11, 2011.
Anne S. Ferro,
Administrator.
[FR Doc. 2011-11934 Filed 5-16-11; 8:45 am]
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