[Federal Register Volume 70, Number 190 (Monday, October 3, 2005)]
[Notices]
[Pages 57642-57645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19726]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2005-20105]


Announcement of Establishment of the Federal Motor Carrier Safety 
Administration Medical Review Board; Request for Nominations

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of establishment of the FMCSA Medical Review Board; 
request for nominations.

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SUMMARY: FMCSA announces the establishment of a Medical Review Board as 
requested by the recent passage of Safe, Accountable, Flexible, and 
Efficient Transportation Equity Act; A Legacy for Users (SAFETEA-LU). 
The Medical Review Board will provide scientific advice to The 
Secretary of Transportation and the Administrator of FMCSA on medical 
issues including the physical qualification requirements for commercial 
motor vehicle (CMV) operators. This announcement provides

[[Page 57643]]

details about the purpose and functions of the FMCSA Medical Review 
Board, in accordance with the Federal Advisory Committee Act (FACA). 
This notice also discusses the Agency's medical research priorities and 
solicits applications from interested physicians to serve on the 
Medical Review Board. The Secretary of Transportation will appoint five 
physicians to the Medical Review Board, and the board will begin work 
in fiscal year 2006.

DATES: Applications must be received by October 30, 2005. FMCSA will 
periodically call for applications as deemed necessary.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Office of Bus and 
Truck Standards and Operations, Physical Qualifications Division, 202-
366-4001, FMCSA, Department of Transportation, 400 Seventh Street, SW., 
Washington, DC 20590-0001. Office hours are from 8 a.m. to 5 p.m., 
e.t., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: 

I. Background

    The physical qualification regulations for CMV drivers in 
interstate commerce are found in 49 CFR 391.41. Section 391.43 contains 
instructions to medical examiners for performing physical examinations 
of CMV drivers. FMCSA medical standards and guidelines are critical 
medical program components in accomplishing FMCSA's mission to reduce 
crashes, injuries, and fatalities involving large trucks and buses.
    The Agency has current statutory authority under 49 U.S.C. 31502 
and 31136 to determine the physical qualifications of interstate CMV 
drivers. Congress passed the SAFETEA-LU of 2005 (Pub. L. 109-59), 
Section 31149 requires FMCSA to establish the Medical Review Board to 
provide scientific advice on matters related to CMV driver health and 
safety.

II. Medical Review Board Charter [This Is the Text of the Medical 
Review Board Charter That DOT/FMCSA Has Filed With the General Services 
Administration]

(a) Purpose

    This charter establishes the Federal Motor Carrier Safety 
Administration Medical Review Board Advisory Committee (Medical Review 
Board) and provides for its operation in accordance with the provisions 
of the Federal Advisory Committee Act (5 U.S.C. App.), DOT Order 
1120.3B, and the requirements prescribed in Title 41, Code of Federal 
Regulations Part 102-3 and Title 49, Code of Federal Regulations, Part 
95. The purpose of the FMCSA Medical Review Board is to establish a 
nationally recognized standing board of medical experts to provide 
scientific advice to FMCSA on ongoing medical issues, including 
identification of appropriate physical qualifications of commercial 
motor vehicle drivers, medical standards and guidelines, educational 
curriculum for training medical examiners who certify drivers meet the 
physical qualification standards, and functional tests for drivers with 
certain disabilities. The Medical Review Board will be charged 
initially with the review of all current FMCSA medical standards, as 
well as proposing new science-based standards and guidelines to ensure 
that drivers operating CMVs in interstate commerce, as defined in 49 
CFR 390.5, are physically capable of doing so.

(b) Scope

    The FMCSA Medical Review Board provides information, advice and 
recommendations to the Secretary of Transportation and the 
Administrator of FMCSA on matters relating to all aspects of 
development and implementation of science-based physical qualification 
standards applicable to interstate CMV drivers. The Medical Review 
Board does not hold regulatory development responsibilities, manage 
programs or make decisions affecting such programs. The Medical Review 
Board provides a forum for the development, consideration, and 
communication of information from a knowledgeable, scientific 
perspective.

(c) Objectives and Duties

    Consistent with the scope of activities described above, the 
Medical Review Board is authorized to:
    1. Undertake such information gathering activities as necessary to 
define issues for consideration by the Medical Review Board, develop 
positions on those issues, and communicate the Medical Review Board's 
position thereon to the Secretary of Transportation and the 
Administrator of FMCSA;
    2. Provide FMCSA with ongoing medical expertise to shape decisions 
about the health and wellness of CMV drivers, including physical 
qualifications, medical advisory criteria and safety research;
    3. Advise FMCSA on the development of uniform driver physical 
qualification (medical) standards and CMV driver health and wellness;
    4. Advise FMCSA on the development of scientific guidelines, 
criteria, and procedures to facilitate implementation of the physical 
qualification standards by qualified medical examiners;
    5. Provide advice and recommendations for the development of a 
functional capacity test for individuals with certain impairments;
    6. Provide advice on conduct and conclusions of FMCSA medical 
research and on policies or issues related to CMV driver physical 
qualifications standards; and
    7. Provide advice and recommendations for the establishment and 
maintenance of medical examiner training and certification processes.

(d) Designated Federal Officer and Sponsor

    The Designated Federal Officer (DFO) for this advisory committee 
and its subcommittees is the Associate Administrator, Policy and 
Program Development, or his or her designee. The Committee sponsor is 
the Director, Office of Bus and Truck Standards and Operations, or his 
or her designee. FMCSA's Office of Bus and Truck Standards and 
Operations shall furnish support services for the operation of the 
Medical Review Board. The DFO shall designate the facilitator of the 
Medical Review Board, who shall be an FMCSA employee.

(e) Membership

    The Medical Review Board shall be composed of 5 non-Federal 
Government employee members, each of whom shall be appointed by the 
Secretary of Transportation upon the recommendation of the 
Administrator of FMCSA. The members serve in a representative capacity, 
and are not special government employees. Criteria for appointment 
include: Medical expertise in a medical specialty, an understanding of 
research methods, knowledge of transportation medical issues, 
experience on panels that develop medical standards, a record of 
scientific collaboration and professional service, and experience 
developing teaching programs. Medical specialties include, but will not 
be limited to, Cardiovascular and Cerebrovascular Diseases, Endocrine 
Diseases, Injury, Medicolegal Issues, Neurological Disorders, and 
Psychiatric Diseases. The facilitator acts as chairperson and impartial 
mediator to assist in reconciling opposing interests and points of view 
among committee members.

(f) Appointments

    Each member shall be appointed for a two-year term, with each 
member eligible for reappointment, based on FMCSA's needs and any 
medical

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standards research in progress at the time. After the first two years, 
the terms shall be staggered, with three positions expiring after one 
year (subject to a two year renewal) and two positions expiring after 
two years (subject to a two year renewal). The Medical Review Board 
will operate continuously with 5 active members. Any person appointed 
to fill a vacancy occurring prior to the expiration of the term for 
which his or her predecessor was appointed shall serve out the 
predecessor's term. Notwithstanding the above, the Secretary or his or 
her designee may terminate a member at his or her discretion.

(g) Meetings

    The DFO anticipates calling Medical Review Board meetings at least 
three times each fiscal year (excluding the initial year). The agenda 
for all meetings shall be set by the DFO. The following procedures 
shall govern the conduct of all FMCSA Medical Review Board meetings:
    Meetings shall be open to the general public, except as provided 
under FACA. Interested persons shall be permitted to attend, appear 
before, or file statements with the Medical Review Board, as 
practicable.
    Notice of each meeting shall be published in the Federal Register 
at least 15 calendar days prior to the date of the meeting. Notice 
shall include the agenda.
    The DFO or designee shall attend and preside at each meeting.
    The DFO or designee shall adjourn any meeting when he or she 
determines it to be in the public interest.
    Detailed minutes of each meeting shall be certified by the DFO and 
maintained by the sponsor. The minutes shall contain:
    1. The date, time, and place of the meeting;
    2. A record of all attendees at the meeting;
    3. A complete and accurate description of all matters discussed and 
conclusions reached;
    4. Copies of all reports received, issued, or approved by the 
Committee; and
    5. A description of public participation, including oral or written 
statements.
    The minutes, as certified, shall be available for public inspection 
and copying in the office of the sponsor. Public availability of 
minutes or other documents received or generated by the Committee are 
subject to applicable limitations and exceptions prescribed in the 
Freedom of Information Act (5 U.S.C. 552).

(h) Travel and Expenses

    Committee members are not officers or employees of the Federal 
Government and, while attending meetings or otherwise engaged in the 
business of the Committee, are authorized travel and subsistence or per 
diem allowances (as appropriate) in accordance with Federal Government 
regulations. All travel by individual members when engaged in official 
Committee business shall be approved in advance by the DFO, and 
arranged and funded by the sponsor.

(i) Estimated Cost and Support

    The estimated annual direct operating cost of the Medical Review 
Board is $96,596.00, which includes travel and subsistence costs of 
members, printing and miscellaneous costs. The amount of person hours 
to support the Medical Review Board is an estimated 5,200 per year.

(j) Report to the Secretary

    Within 90 days following the last meeting of each fiscal year, the 
DFO shall submit to the Secretary and the FMCSA Administrator an annual 
report describing the Committee's membership, activities, and 
accomplishments for the past calendar year. The DFO shall provide the 
Secretary and FMCSA Administrator with any interim reports as 
requested. The DFO may direct the committee to prepare these and any 
other reports.

(k) Effective Date

    The charter was filed on September 20, 2005. The Medical Review 
Board will terminate two years after this date unless prior to that 
time the charter is extended in accordance with FACA and other 
applicable requirements.

III. Research Decision Model

    The prioritization of FMCSA medical standards review and 
development work will be based on a scientific grid analysis model. 
This decision model scores the relevance of a selected medical standard 
or guideline (or absence of standard or guideline) using five factors. 
These five factors, calculated using a weighted calculation method, 
are: Crash risk (direct measurable risk for CMV crash); Departmental 
and Agency priorities (e.g., legal requirement); age of guidelines; 
adequacy of guidance (for selected medical topic); and epidemiologic 
prevalence in general population (or in CMV driver population if 
available).
    The Agency has developed the initial schedule for medical standards 
and guidelines review and development, and will direct the Medical 
Review Board to evaluate the review and development schedule on a semi-
annual basis. These scientific reviews will be comprehensive or 
expedited. Preliminary schedule of medical research topics, based on 
the research decision model, follows:

Quarter 1 2006--Drug/Alcohol (comprehensive); Diabetes Mellitus 
(expedited)
Quarter 2 2006--Sleep; Neurology (comprehensive); Cardiovascular 
(expedited)
Quarter 3 2006--Musculoskeletal (comprehensive); Vision (expedited)
Quarter 4 2006--Psychiatry; Renal (comprehensive); Infectious Disease 
(expedited)
Quarter 1 2007--Injury (comprehensive); Hearing; Post Surgical 
(expedited)
Quarter 2 2007--Medicolegal; Pulmonary comprehensive)

    The decision model details and schedule of research activities will 
be made available to the public, in accordance with FACA.

IV. Request for Applications

    FMCSA seeks physicians from many different medical specialties to 
develop science-based CMV physical qualification standards, medical 
advisory criteria and safety policies. As members of the Agency's first 
Medical Review Board, physicians will provide expert guidance on 
medical guidelines and standards. The Agency is committed to appointing 
physicians with diverse professional backgrounds, as well as a broad 
array of gender, ethnicity, demographic and socioeconomic factors. To 
be eligible for appointment, physicians must have a current U.S. 
medical license and current board certification in a specialty area 
directly related to medical certification requirements, be able to 
attend three to four meetings a year in Washington, DC and via 
teleconference, and spend approximately five hours per month providing 
additional consultation. Interested physicians should have a commitment 
to transportation safety and health, an understanding of research 
methods, knowledge of transportation medical issues, experience on 
panels that develop medical standards, a record of collaboration and 
professional service, and experience developing teaching programs. For 
application information, please contact Laurie Conly at 571-633-0152, 
or via e-mail at <a href="/cdn-cgi/l/email-protection#b0d3dfdec4d1d3c4ddc2d2f0d6ddd3c3d19ed4dfc49ed7dfc6"><span class="__cf_email__" data-cfemail="8fece0e1fbeeecfbe2fdedcfe9e2ecfceea1ebe0fba1e8e0f9">[email protected]</span></a>. FMCSA will accept 
applications through October 30, 2005, and will periodically call for

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applications as the Medical Review Board work continues.

V. Conclusion

    The Department and the Agency are committed to making our Nation's 
highways safer by ensuring CMVs are being operated by medically 
qualified drivers.

    Issued on: September 27, 2005.
Warren E. Hoemann,
Deputy Administrator.
[FR Doc. 05-19726 Filed 9-30-05; 8:45 am]
BILLING CODE 4910-EX-P


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