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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

MRB Charter

MEDICAL REVIEW BOARD ADVISORY COMMITTEE CHARTER

1.              COMMITTEE’S OFFICIAL DESIGNATION: The committee’s official designation is the Medical Review Board Advisory Committee (MRB).

2.              AUTHORITY: The Committee is renewed as a statutory committee under the authority of section 4116 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Pub. L. No. 109-59 (2005) (codified as amended at 49 U.S.C. § 31149), established in accordance with the provisions of the Federal Advisory Committee Act (FACA), as amended, 5 U.S.C. App. 2. The formation and use of MRB are determined to be in the public interest.

3.              OBJECTIVES AND SCOPE OF ACTIVITIES: The Federal Motor Carrier Safety Administrator, or his or her designee, shall present MRB with tasks concerning medical advice and recommendations on matters relating to all aspects of development and implementation of science-based physical qualification standards and guidelines for operators of commercial motor vehicles (CMVs), medical examiner education, and medical research. The Committee will provide advice and recommendations to the Secretary of Transportation through the Administrator of the Federal Motor Carrier Safety Administration (FMCSA) about needs, objectives, plans, approaches, content, and accomplishments of the motor carrier safety programs carried out by the Administration and motor carrier safety regulations.

4.              DESCRIPTION OF DUTIES: The committee is advisory only. Duties include the following:

a.     Gathering information as necessary to discuss issues presented by the Designated Federal Officer (DFO);

b.     Deliberating on issues relevant to medical standards and guidelines for the physical qualification of operators of CMVs, medical examiner education, and medical research; and

c.     Providing written consensus advice to the Secretary through the FMCSA Administrator.

5.              AGENCY/OFFICIAL TO WHOM THE COMMITTEE REPORTS: The Committee shall report to the Secretary of Transportation through the FMCSA Administrator. The Administrator is the sponsor and evaluates the recommendations produced by the Committee.

6.              SUPPORT: The FMCSA’s Office of Policy will provide necessary funding, logistics, and administrative support for the committee.

7.              ESTIMATED ANNUAL OPERATING COSTS AND STAFF YEARS: The annual operating costs associated with the Committee’s functions are estimated to be $150,000 including all direct and indirect expenses. The cost estimate includes 0.75 full-time equivalent positions that are required to support the Committee.

8.              DESIGNATED FEDERAL OFFICER (DFO) AND SPONSOR

a.     The DFO for the Committee is FMCSA’s Associate Administrator for Policy or his or her designee.

b.     The DFO will approve or call all Committee and subcommittee meetings, prepare and approve all meeting agendas, attend all Committee and subcommittee meetings, adjourn any meetings when he or she determines adjournment to be in the public interest, and chair meetings when directed to do so by the Secretary.

9.              ESTIMATED NUMBER AND FREQUENCY OF MEETINGS: Committee meetings will be held approximately twice a year. As necessary, the DFO may call subcommittee meetings.

10.           DURATION: Continuing.

11.           TERMINATION: The committee will terminate 2 years from the charter filing date unless the charter is renewed in accordance with FACA.

12.           MEMBERSHIP AND DESIGNATION

a.   The committee shall comprise no more than 5 members appointed by the FMCSA Administrator for up to 2-year terms.

b.  Members serve at the pleasure of the FMCSA Administrator. The FMCSA Administrator may extend appointments and may appoint replacements for members who have resigned outside a stated term, as necessary.

c.     The FMCSA Administrator may reappoint members.

d.   The members will be selected from among individuals from medical institutions and private practice who are not employees of FMCSA. MRB members shall serve as Special Government Employees under the authority of 5 U.S.C. § 3109.

e.     The members shall reflect expertise in a variety of medical specialties relevant to the driver fitness requirements of FMCSA.

f.     To ensure the recommendations of the Committee have considered the needs of diverse groups served by the Department, membership shall include, to the extent practicable, individuals to represent persons with disabilities, as well as diversity of gender; geographic area; race and ethnicity; sexual orientation; medical expertise; and other factors to achieve the most diverse and comprehensive points of view.

g.     Members may continue to serve until their replacements have been appointed.

h.     The FMCSA Administrator shall designate a chair from among members of the committee.

13.           SUBCOMMITTEES: The FMCSA Administrator shall be authorized to establish subcommittees. Subcommittees shall not work independently of the chartered MRB and shall report their recommendations and advice to the full MRB for deliberation and discussion. Subcommittees must not provide advice or work products directly to FMCSA or DOT.

14.           RECORDKEEPING: The records of the Committee, formally and informally established subcommittees, or other subgroups of the Committee, shall be handled in accordance with General Records Schedule 6.2 or other approved agency records disposition schedule. These records shall be available for public inspection and copying, subject to the Freedom of Information Act, 5 U.S.C. § 552.

15.           FILING DATE: This charter is effective November 25, 2021, which is the filing date of this renewed charter. The charter will expire 2 years after this date unless sooner terminated or renewed.

Last updated: Tuesday, November 23, 2021