[Federal Register Volume 75, Number 127 (Friday, July 2, 2010)]
[Notices]
[Pages 38597-38598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-16222]
[[Page 38597]]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[FMCSA Docket No. FMCSA-2010-0083]
Qualification of Drivers; Exemption Applications; Diabetes
Mellitus
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT
ACTION: Notice of final disposition.
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SUMMARY: FMCSA announces its decision to exempt thirty-three
individuals from its rule prohibiting persons with insulin-treated
diabetes mellitus (ITDM) from operating commercial motor vehicles
(CMVs) in interstate commerce. The exemptions will enable these
individuals to operate CMVs in interstate commerce.
DATES: The exemptions are effective July 2, 2010. The exemptions expire
on July 2, 2012.
FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical
Programs, (202) 366-4001, [email protected], FMCSA, Room W64-224,
Department of Transportation, 1200 New Jersey Avenue, SE., Washington,
DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., Monday
through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access
You may see all the comments online through the Federal Document
Management System (FDMS) at: http://www.regulations.gov.
Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov and/or Room W12-140 on the
ground level of the West Building, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
Privacy Act: Anyone may search the electronic form of all comments
received into any of DOT's dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, or other
entity). You may review DOT's complete Privacy Act Statement in the
Federal Register (65 FR 19477, Apr. 11, 2000). This statement is also
available at http://www.regulations.gov.
Background
On May 10, 2010, FMCSA published a Notice of receipt of Federal
diabetes exemption applications from thirty-three individuals and
requested comments from the public (75 FR 25919). The public comment
period closed on June 9, 2010 and one comment was received.
FMCSA has evaluated the eligibility of the thirty-three applicants
and determined that granting the exemptions to these individuals would
achieve a level of safety equivalent to, or greater than, the level
that would be achieved by complying with the current regulation 49 CFR
391.41(b)(3).
Diabetes Mellitus and Driving Experience of the Applicants
The Agency established the current standard for diabetes in 1970
because several risk studies indicated that diabetic drivers had a
higher rate of crash involvement than the general population. The
diabetes rule provides that ``A person is physically qualified to drive
a commercial motor vehicle if that person has no established medical
history or clinical diagnosis of diabetes mellitus currently requiring
insulin for control'' (49 CFR 391.41(b)(3)).
FMCSA established its diabetes exemption program, based on the
Agency's July 2000 study entitled ``A Report to Congress on the
Feasibility of a Program to Qualify Individuals with Insulin-Treated
Diabetes Mellitus to Operate in Interstate Commerce as Directed by the
Transportation Act for the 21st Century.'' The report concluded that a
safe and practicable protocol to allow some drivers with ITDM to
operate CMVs is feasible. The September 3, 2003 (68 FR 52441) Federal
Register Notice in conjunction with the November 8, 2005 (70 FR 67777)
Federal Register Notice provides the current protocol for allowing such
drivers to operate CMVs in interstate commerce.
These thirty-three applicants have had ITDM over a range of 1 to 28
years. These applicants report no hypoglycemic reaction that resulted
in loss of consciousness or seizure, that required the assistance of
another person, or resulted in impaired cognitive function without
warning symptoms in the past 5 years (with one year of stability
following any such episode). In each case, an endocrinologist has
verified that the driver has demonstrated a willingness to properly
monitor and manage his/her diabetes mellitus, received education
related to diabetes management, and is on a stable insulin regimen.
These drivers report no other disqualifying conditions, including
diabetes-related complications. Each meets the vision standard at 49
CFR 391.41(b)(10).
The qualifications and medical condition of each applicant were
stated and discussed in detail in the May 10, 2010, Federal Register
Notice and they will not be repeated in this Notice.
Basis for Exemption Determination
Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the diabetes standard in 49 CFR 391.41(b)(3) if the exemption is
likely to achieve an equivalent or greater level of safety than would
be achieved without the exemption. The exemption allows the applicants
to operate CMVs in interstate commerce.
To evaluate the effect of these exemptions on safety, FMCSA
considered medical reports about the applicants' ITDM and vision, and
reviewed the treating endocrinologists' medical opinion related to the
ability of the driver to safely operate a CMV while using insulin.
Consequently, FMCSA finds that in each case exempting these
applicants from the diabetes standard in 49 CFR 391.41(b)(3) is likely
to achieve a level of safety equal to that existing without the
exemption.
Conditions and Requirements
The terms and conditions of the exemption will be provided to the
applicants in the exemption document and they include the following:
(1) That each individual submit a quarterly monitoring checklist
completed by the treating endocrinologist as well as an annual
checklist with a comprehensive medical evaluation; (2) that each
individual reports within 2 business days of occurrence, all episodes
of severe hypoglycemia, significant complications, or inability to
manage diabetes; also, any involvement in an accident or any other
adverse event in a CMV or personal vehicle, whether or not it is
related to an episode of hypoglycemia; (3) that each individual provide
a copy of the ophthalmologist's or optometrist's report to the medical
examiner at the time of the annual medical examination; and (4) that
each individual provide a copy of the annual medical certification to
the employer for retention in the driver's qualification file, or keep
a copy in his/her driver's qualification file if he/she is self-
employed. The driver must also have a copy of the certification when
driving, for presentation to a duly authorized Federal, State, or local
enforcement official.
Discussion of Comments
FMCSA received one comment in this proceeding. The comment was
considered and discussed below.
[[Page 38598]]
Bethany Pisulak stated the following, ``I feel that it is in the
best safety to look for possible downsides of these people being able
to work. They need to be focused for a long time, meaning they may go
awhile without food or drink, which could lower their sugars, making
them need insulin. There should be multiple tests done to ensure that
each worker is qualified for the job or position.''
In response to this comment, FMCSA's exemption process supports
drivers with ITDM who seek to operate in interstate commerce. In
addition, FMCSA relies on the expert medical opinion of the
endocrinologist and the medical examiner, who are required to analyze
individual ability to control and manage the diabetic condition,
including the individual ability and willingness of the driver to
monitor blood glucose level on an ongoing basis. Until the Agency
issues a Final Rule, however, drivers with ITDM must continue to apply
for exemptions from FMCSA, and request renewals of such exemptions.
FMCSA will grant exemptions only to those applicants who meet the
specific conditions and comply with all the requirements of the
exemption.
Conclusion
Based upon its evaluation of the thirty-three exemption
applications, FMCSA exempts, Spencer W. Alexander, Nelson Alvarez, Cody
R. Anderson, Ronnie L. Barker, Eric D. Benham, Brian C. Blevins,
Charles E. Bonner, Sr., Michael J. Brieske, Frederick Brown, William D.
Elam, Jr., Devin S. Gibson, Lewis M. Hendershott, Mark E. Henning,
Duane C. Jackson, John J. Long, Jerry A. McMurdy, Steven L. Miller, Joe
E. Montoya, Jonathan A. Morisoli, Timothy J. Nowak, Lawrence W.
Patterson, Jr., Peter J. Pendola, Frederick E. Robinson, Larry D.
Schweisberger, Joseph C. Shaw, Michael Shuler, Kevin C. Simerick,
Matthew E. Sipel, Michael S. Tanko, James P. Tomasik, Leonard D.
Tournear, Booker T. Ware and Joseph H. Watkins, from the ITDM standard
in 49 CFR 391.41(b)(3), subject to the conditions listed under
``Conditions and Requirements'' above.
In accordance with 49 U.S.C. 31136(e) and 31315 each exemption will
be valid for two years unless revoked earlier by FMCSA. The exemption
will be revoked if: (1) The person fails to comply with the terms and
conditions of the exemption; (2) the exemption has resulted in a lower
level of safety than was maintained before it was granted; or (3)
continuation of the exemption would not be consistent with the goals
and objectives of 49 U.S.C. 31136(e) and 31315. If the exemption is
still effective at the end of the 2-year period, the person may apply
to FMCSA for a renewal under procedures in effect at that time.
Issued on: June 25, 2010.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-16222 Filed 7-1-10; 8:45 am]
BILLING CODE 4910-EX-P