2126-AA97 201110 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 2126 Federal Motor Carrier Safety Administration FMCSA 2100 Department of Transportation DOT National Registry of Certified Medical Examiners 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). Economically Significant Previously Published in The Unified Agenda Final Rule Stage Yes Private Sector 49 CFR 390 49 CFR 391 PL 109-59 (2005), sec 4116 Statutory Final 08/10/2006 Yes 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. 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). The rulemaking is statutorily mandated. Thus, the Agency must establish the National Registry. 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. FMCSA has not yet fully assessed the risks that might be associated with this activity. NPRM 12/01/2008 73 FR 73129 NPRM Comment Period End 01/30/2009 Final Rule 02/00/2012 No No None No www.regulations.gov www.regulations.gov No No Mary Gunnels D. Dr. 2126 Federal Motor Carrier Safety Administration FMCSA 202 366-4001 maggi.gunnels@dot.gov 1200 New Jersey Avenue, SE, Washington DC 20590