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DOT/FMCSA RIN: 2126-AA97 Publication ID: Fall 2011 
Title: +National Registry of Certified Medical Examiners 
Abstract: This rulemaking would establish training, testing, and certification standards for medical examiners responsible for certifying that interstate commercial motor vehicle (CMV) drivers meet established physical qualifications standards; provide a database (or National Registry) of medical examiners that meet the prescribed standards for use by motor carriers, drivers, and Federal and State enforcement personnel in determining whether a medical examiner is qualified to conduct examinations of interstate truck and bus drivers; and require medical examiners to transmit electronically to FMCSA the name of the driver and a numerical identifier for each driver that is examined. The rulemaking would also establish the process by which medical examiners that fail to meet or maintain the minimum standards would be removed from the National Registry. This action is in response to section 4116 of Safe, Accountable, Flexible, Efficient, Transportation Equity Act: A Legacy for Users (SAFETEA-LU). 
Agency: Department of Transportation(DOT)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Yes  Unfunded Mandates: Private Sector 
CFR Citation: 49 CFR 390; 49 CFR 391 
Legal Authority: PL 109-59 (2005), sec 4116 
Legal Deadline:
Action Source Description Date
Final  Statutory    08/10/2006 

Statement of Need: In enacting the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) (Pub. L. 109-59, Aug. 10, 2005), Congress recognized the need to improve the quality of the medical certification of drivers. SAFETEA-LU addresses the requirement for medical examiners to receive training in physical examination standards and be listed on a national registry of medical examiners as one step toward improving the quality of the commercial motor vehicle (CMV) driver physical examination process and the medical fitness of CMV drivers to operate CMVs. The safety impact will result from ensuring that medical examiners have completed training and testing to demonstrate that they fully understand FMCSA's physical qualifications standards and are capable of applying those standards consistently, thereby decreasing the likelihood that a medically unqualified driver may obtain a medical certificate.

Summary of the Legal Basis: The fundamental legal basis for the National Registry program comes from 49 U.S.C. 31149(d), which requires FMCSA to establish and maintain a current national registry of medical examiners that are qualified to perform examinations of CMV drivers and to issue medical certificates. FMCSA is required to remove from the registry any medical examiner who fails to meet or maintain qualifications established by FMCSA. In addition, in developing its regulations, FMCSA must consider both the effect of driver health on the safety of CMV operations and the effect of such operations on driver health, 49 U.S.C. 31136(a).

Alternatives: The rulemaking is statutorily mandated. Thus, the Agency must establish the National Registry.

Anticipated Costs and Benefits: We estimated 10-year costs (discounted at 7 percent) at $700,783 million, total benefits at $1,144,961 million, and net benefits over 10 years at $444,177 million.

Risks: FMCSA has not yet fully assessed the risks that might be associated with this activity.

Timetable:
Action Date FR Cite
NPRM  12/01/2008  73 FR 73129 
NPRM Comment Period End  01/30/2009   
Final Rule  02/00/2012   
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Information URL: www.regulations.gov   Public Comment URL: www.regulations.gov  
RIN Data Printed in the FR: No 
Agency Contact:
Dr. Mary D. Gunnels
Director, Office of Medical Programs
Department of Transportation
Federal Motor Carrier Safety Administration
1200 New Jersey Avenue, SE,
Washington, DC 20590
Phone:202 366-4001
Email: maggi.gunnels@dot.gov

 
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