Announcement of Establishment of the Federal Motor Carrier Safety Administration Medical Review Board; Request for Nominations, 57642-57645 [05-19726]
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57642
Federal Register / Vol. 70, No. 190 / Monday, October 3, 2005 / Notices
Notice issued by the Department of
Transportation on August 26, 2005
Renee V. Wright,
Program Manager, Docket Operations,
Federal Register Liaison.
[FR Doc. 05–19700 Filed 9–30–05; 8:45 am]
BILLING CODE 4910–62–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Advisory Circular 33.4–3, Instructions
for Continued Airworthiness; Aircraft
Engine High Intensity Radiated Fields
(HIRF) and Lightning Protection
Features
SUMMARY: This notice announces the
issuance of Advisory Circular (AC)
33.4–3, Instructions for Continued
Airworthiness; Aircraft Engine High
Intensity Radiated Fields (HIRF) and
Lightning Protection Features. This AC
sets forth acceptable methods of
compliance for aircraft engines with the
provisions of § 33.4, Instructions for
Continued Airworthiness of Title 14 of
the Code of Federal Regulations (14
CFR). This AC provides guidance for
developing instructions for continued
airworthiness to ensure the continued
airworthiness of aircraft engine HIRF
and Lightning protection features.
DATES: The Engine and Propeller
Directorate issued Advisory Circular
33.4–3 on September 16, 2005.
FOR FURTHER INFORMATION CONTACT: The
Federal Aviation Administration, Attn:
Gary Horan, Engine and Propeller
Standards Staff, ANE–111, 12 New
England Executive Park, Burlington, MA
01803–5299; telephone: (781) 238–7164;
fax: (781) 238–7199; e-mail:
gary.horan@faa.gov.
We have filed in the docket all
substantive comments received, and a
report summarizing them. If you wish to
review the docket in person, you may go
to the above address between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. If you wish to contact
the above individual directly, you can
use the above telephone number or
e-mail address provided.
How to Obtain Copies: A paper copy
of AC 33.4–3 may be obtained by
writing to the U.S. Department of
Transportation, Subsequent Distribution
Office, DOT Warehouse, SVC–121.23,
Ardmore East Business Center, 3341 Q
75th Ave., Landover, MD 20785,
telephone 301–322–5377, or by faxing
17:26 Sep 30, 2005
Jkt 205001
(Authority: 49 U.S.C. 106(g), 40113, 44701–
44702, 44704)
Issued in Burlington, Massachusetts, on
September 16, 2005.
Fran A. Favara,
Acting Manager, Engine and Propeller
Directorate, Aircraft Certification Service.
[FR Doc. 05–19598 Filed 9–30–05; 8:45 am]
BILLING CODE 4910–13–M
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of issuance of advisory
circular.
AGENCY:
VerDate Aug<31>2005
your request to the warehouse at 301–
386–5394. The AC will also be available
on the Internet at https://www.faa.gov/,
select ‘‘Regulations and Policies’’ then
the link titled ‘‘Advisory Circulars.’’
Agency Information Collection Activity
Under OMB Review, Request for
Comments; Clearance of a New
Information Collection Activity, Air
Carriers Listing of Leading Outsource
Maintenance Providers
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice and request for
comments.
AGENCY:
SUMMARY: The FAA invites public
comments about our intention to request
the Office of Management and Budget’s
(OMB) approval for a new information
collection. The FAA will use the data
from the proposed collection to target
those leading outsource maintenance
providers that may have a higher risk
level which in turn would merit an
increase of FAA surveillance.
DATES: Please submit comments by
October 17, 2005.
FOR FURTHER INFORMATION CONTACT:
Judith D. Street, 202–267–9895,
Judy.Street@faa.gov, ABA–20, Federal
Aviation Administration, 800
Independence Ave., SW., Washington,
DC 20591.
SUPPLEMENTARY INFORMATION:
Federal Aviation Administration (FAA)
Title: Air Carriers Listing of Leading
Outsource Maintenance Providers.
Type of Request: Approval for an
emergency clearance of a new
collection.
OMB Control Number: 2120–xxxx.
Form(s): Quarterly Outsource
Maintenance Providers Utilization
Report.
Affected Public: A Total of 121
Aircraft Operators.
Frequency: This information will be
collected quarterly.
Estimated Average Burden Per
Response: 6 minutes.
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Estimated Annual Burden Hours: An
estimated 48 hours annually.
Abstract: The data from this report
will be used to target those leading
outsource maintenance providers that
may have a higher risk level which in
turn would merit an increase of FAA
surveillance.
ADDRESSES: Send comments to the
Office of Information and Regulatory
Affairs, Office of Management and
Budget, 725 17th Street, NW.,
Washington, DC 20503, Attention: FAA
Desk Officer.
Comments are invited on: Whether
the proposed collection of information
is necessary for proper performance of
the functions of the Department,
including whether the information will
have practical utility; the accuracy of
the Department’s estimates of the
burden of the proposed information
collection; ways to enhance the quality,
utility and clarity of the information to
be collected; and ways to minimize the
burden of the collection of information
on respondents, including the use of
automated collection techniques or
other forms of information technology.
Issued in Washington, DC, on September
27, 2005.
Judith D. Street,
FAA Information Collection Clearance
Officer, Information Systems and Technology
Services Staff, ABA–20.
[FR Doc. 05–19743 Filed 9–30–05; 8:45 am]
BILLING CODE 4910–13–M
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
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of establishment of the
FMCSA Medical Review Board; request
for nominations.
AGENCY:
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
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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
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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
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57643
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).
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(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
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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
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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
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Petition for Waiver of Compliance
In accordance with Part 211 of Title
49 Code of Federal Regulations (CFR),
notice is hereby given that the Federal
Railroad Administration (FRA) received
a request for a waiver of compliance
with certain requirements of its safety
standards. The individual petition is
described below, including the party
seeking relief, the regulatory provisions
involved, the nature of the relief being
requested, and the petitioner’s
arguments in favour of relief.
Eureka & Palisade Railroad—
Locomotive Number 4
[Docket Number FRA–2005–21966]
The Eureka & Palisade Railroad (EPR),
a three-foot gage insular railroad, seeks
a waiver of compliance from the
requirements of Title 49 Code of Federal
Regulations (CFR) § 230.17 One
thousand four hundred seventy-two
(1472) service day inspection for their
locomotive number (EPR) 4. This
locomotive was built by the Baldwin
Locomotive Works, Philadelphia,
Pennsylvania in 1875, and is one of only
three remaining narrow gage
‘‘American’’ type (with a wheel
arrangement of 4–4–0) steam
locomotives. The others are in the
Smithsonian Institute in Washington,
DC (Jupiter) and the California State
Railroad Museum (Sonoma). The Eureka
is the only one operational.
The EPR is not engaged in general
railroad transportation, providing only
railroad tourist excursions on a limited
schedule. The Eureka is normally on
static display with limited operations on
railroads, such as the Durango &
Silverton Narrow Gage Railroad for
special events such as their ‘‘Railfest’’.
This waiver requests relief from the
requirements of 49 CFR part 230
Inspection and Maintenance Standards
for Steam Locomotives, specifically 49
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CFR 230.17(a) General. FRA requires
that before any steam locomotive is
initially put in service or brought out of
retirement, and after every 1472 service
days or 15 years, which ever is earlier,
a 1472 Service day inspection shall be
performed. In the Eureka’s case, only
126 service days have accumulated over
the past 15 years, as the locomotive is
only used one or two weeks per year.
The locomotive is given the required
annual inspections, stored in side a
building, with the washout plugs
removed to promote airflow and
mitigate rust and wastage. The required
new FRA Form 4 (boiler specification)
was prepared, and is on file with the
FRA. The thickness of the sheets was
verified using non-destructive
inspection methods, and a new front
tube sheet was installed, with other
minor repairs, at the time the tubes were
installed.
In summary, the EPR requests that
this petition be granted because the
tubes have very little service time, the
number 4’s dry indoor storage
conditions are nearly ideal for
locomotive storage, and the financial
burden on the individual that owns the
locomotive to perform 1472 Service day
inspection on a locomotive with only
126 service days since a major overhaul.
Interested parties are invited to
participate in these proceedings by
submitting written views, data, or
comments. FRA does not anticipate
scheduling a public hearing in
connection with these proceedings since
the facts do not appear to warrant a
hearing. If any interested party desires
an opportunity for oral comment, they
should notify FRA, in writing, before
the end of the comment period and
specify the basis for their request.
All communications concerning these
proceedings should identify the
appropriate docket number (e.g., Waiver
Petition Docket Number FRA–2005–
21966) and must be submitted in
triplicate to the Docket Clerk, DOT
Central Docket Management Facility,
Room Pl–401, Washington, DC 20590–
0001. Communications received within
45 days of the date of this notice will
be considered by FRA before final
action is taken. Comments received after
that date will be considered as far as
practicable. All written communications
concerning these proceedings are
available for examination during regular
business hours (9 a.m.–5 p.m.) at DOT
Central Docket Management Facility,
Room Pl–401 (Plaza Level), 400 Seventh
Street SW., Washington. All documents
in the public docket are also available
for inspection and copying on the
Internet at the docket facility’s Web site
at https://dms.dot.gov.
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57645
Anyone is able to search the
electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (Volume
65, Number 70; Pages 19377–78). The
statement may also be found at
https://dms.dot.gov.
Issued in Washington, DC. on September
27, 2005.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety
Standards and Program Development.
[FR Doc. 05–19736 Filed 9–30–05; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2005–22554; Notice 1]
Michelin North America, Inc., Receipt
of Petition for Decision of
Inconsequential Noncompliance
Michelin North America, Inc.
(Michelin) has determined that certain
tires it produced in 2005 do not comply
with S4.3(d) and S4.3(e) of 49 CFR
571.109, Federal Motor Vehicle Safety
Standard (FMVSS) No. 109, ‘‘New
pneumatic tires.’’ Michelin has filed an
appropriate report pursuant to 49 CFR
Part 573, ‘‘Defect and Noncompliance
Reports.’’
Pursuant to 49 U.S.C. 30118(d) and
30120(h), Michelin has petitioned for an
exemption from the notification and
remedy requirements of 49 U.S.C.
Chapter 301 on the basis that this
noncompliance is inconsequential to
motor vehicle safety.
This notice of receipt of Michelin’s
petition is published under 49 U.S.C.
30118 and 30120 and does not represent
any agency decision or other exercise of
judgment concerning the merits of the
petition.
Michelin produced approximately
9,816 BFGoodrich Radial T/A tires
during the period from February 20,
2005 through April 7, 2005 that do not
comply with FMVSS No. 109, S4.3(d)
and S4.3(e). S4.3 of FMVSS No. 109
requires that ‘‘each tire shall have
permanently molded into or onto both
sidewalls * * * (d) The generic name of
each cord material used in the plies
* * * of the tire’’ and ‘‘(e) Actual
number of plies in the sidewall, and the
actual number of plies in the tread area
if different.’’ The noncompliant tires
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]]>Agencies
[Federal Register Volume 70, Number 190 (Monday, October 3, 2005)]
[Notices]
[Pages 57642-57645]
From the Federal Register Online via the Government Printing 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.
-----------------------------------------------------------------------
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 contactmrb@fmcsa.dot.gov. 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
