[Federal Register Volume 76, Number 191 (Monday, October 3, 2011)]
[Notices]
[Pages 61139-61140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-25328]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[FMCSA Docket No. FMCSA-2011-0192]
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 October 3, 2011. The exemptions
expire on October 3, 2013.
FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, 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 Privacy Act Statement for the Federal
Docket Management System (FDMS) published in the Federal Register on
January 17, 2008 (73 FR 3316), or you may visit http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.
Background
On August 4, 2011, FMCSA published a notice of receipt of Federal
diabetes exemption applications from thirty-three individuals and
requested comments from the public (76 FR 47291). The public comment
period closed on September 6, 2011 and no comments were 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 drivers with diabetes 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
[[Page 61140]]
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 38
years. These applicants report no severe hypoglycemic reactions
resulting in loss of consciousness or seizure, requiring the assistance
of another person, or resulting in impaired cognitive function that
occurred without warning symptoms, in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the past 5 years.
In each case, an endocrinologist 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 August 4, 2011, Federal Register
notice and they will not be repeated in this notice.
Discussion of Comment
FMCSA did not receive any comments in this proceeding.
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 report 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.
Conclusion
Based upon its evaluation of the thirty-three exemption
applications, FMCSA exempts, Michael J. Alexander, Larry E.
Baumgartner, Stanley R. Boots, Carl D. Braddock, Dean A. Chamberlin,
Michael E. Conner, Edna R. Contreras, Craig E. Cusick, Ronald D. Fatka,
Robert M. Fleming, David W. Hammons, Frank B. Hernandez, Jeffrey D.
Horsey, Dale A. Iverson, John H. Krastel, Joshua L. Kroetch, Larry D.
Lilley, Edward J. Linhart, Larry D. Matson, Michael L. O'Clair, David
W. Payne, Matthew B. Rhodes, Jim B. Robertson, II, Donald M. Rush, Jr.,
Barry A. Sircy, Andre M. St. Pierre, John S. Starchevich, Michael B.
Tortora, Gregory J. Vigil, Charlotte C. Watson, Wayne W. Wenzel, Shaun
M. Wheeler and James J. Wolf, Jr. 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: September 26, 2011.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2011-25328 Filed 9-30-11; 8:45 am]
BILLING CODE 4910-EX-P