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DOT/FMCSA

RIN: 2126-AA97

Publication ID: Fall 2006

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 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 drivers 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 SAFETEA-LU.
Agency: Department of Transportation(DOT)	Priority: Economically Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: Yes	Unfunded Mandates: Private Sector
CFR Citation: 49 CFR 390 49 CFR 391
Legal Authority: Sec. 4116 of PL 109-59 (2005)

Legal Deadline: None

Statement of Need: In enacting the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) [PL 109-59, August 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 the National Registry of Certified Medical Examiners (NRCME) (once established) 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 impact will result from removing drivers who are not medically qualified to drive from interstate driving, and also from requiring drivers to seek medical treatment for conditions (such as hypertension) that are likely to impact safety and driver health. FMCSA has determined that focusing on driver factors, including their medical fitness, is one strategy for improving safety and reducing fatalities on our highways.

Summary of the Legal Basis: The fundamental legal basis for the NRCME program comes from 49 U.S.C. 31149(d), which authorizes FMCSA to establish and maintain a current national registry of medical examiners. FMCSA is also directed to determine which medical examiners are qualified to perform examinations of CMV drivers and to issue medical certificates. FMCSA is authorized 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. 3113(a).

Alternatives: FMCSA is considering how best to address the concerns expressed by Congress. In doing so, we are exploring several options. We will discuss the various alternatives in a planned notice of proposed rulemaking.

Anticipated Costs and Benefits: Because FMCSA has not yet published a notice of proposed rulemaking, the anticipated costs and benefits have not yet been fully explored.

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

Timetable:

Action	Date	FR Cite
NPRM	06/00/2007

Regulatory Flexibility Analysis Required: Yes	Government Levels Affected: None
Small Entities Affected: Businesses	Federalism: No
Included in the Regulatory Plan: Yes
RIN Information URL: dms.dot.gov	Public Comment URL: dms.dot.gov
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