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[Federal Register: October 3, 2005 (Volume 70, Number 190)]
[Notices]
[Page 57642-57645]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03oc05-160] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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 [[Page 57644]] 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 contactmrb@fmcsa.dot.gov. FMCSA will accept
applications through October 30, 2005, and will periodically call for [[Page 57645]]
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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