[Federal Register Volume 73, Number 22 (Friday, February 1, 2008)]
[Notices]
[Pages 6247-6248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-1886]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[FMCSA Docket No. FMCSA-2007-29286]
Qualification of Drivers; Exemption Applications; Diabetes
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
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SUMMARY: FMCSA announces its decision to exempt twenty-nine 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 February 1, 2008. The exemptions
expire on February 1, 2010.
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
[[Page 6248]]
Federal Register (65 FR 19477, Apr. 11, 2000). This statement is also
available at http://DocketInfo.dot.gov.
Background
On December 7, 2007, FMCSA published a notice of receipt of Federal
diabetes exemption applications from twenty-nine individuals, and
requested comments from the public (72 FR 69280). The public comment
period closed on January 7, 2008, and no comments were received.
FMCSA has evaluated the eligibility of the twenty-nine 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 2003 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 twenty-nine applicants have had ITDM over a range of 1 to 41
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 willingness to properly
monitor and manage their diabetes, received education related to
diabetes management, and is on a stable insulin regimen. These drivers
report no other disqualifying conditions, including diabetes-related
complications.
The qualifications and medical condition of each applicant were
stated and discussed in detail in the December 7, 2007, Federal
Register Notice (72 FR 69280). Therefore, 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 endocrinologist's medical opinion related to the
ability of the driver to safely operate a CMV while using insulin.
Consequently, FMCSA finds that 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 they are
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 no comments in this proceeding.
Conclusion
There were no comments to the docket, therefore, based upon its
evaluation of the twenty-nine exemption applications, FMCSA exempts,
Douglas D. Aure, Bruce E. Bivins, Steven G. Boggs, Jessie L. Brock, II,
Francis C. Coryea, Challis J. Crismore, Colin M. Forer, Kevin D.
Hewston, Daniel C. Horvat, Richard L. Jarvi, David J. Jansen, Lawrence
A. Kibler, Richard H. Kruse, Dan A. McGee, Arthur J. Medrano, Florindo
G. Mercado, Brian D. Morin, Mark R. Perkins, Amy L. Polovino, William
H. Reinhart, Daniel J. Russell, Christopher C. Schuch, Timothy Short,
Wayne Skiles, Gregory B. Valentine, Sr., James J. Walsh, Uve J. Witsch,
Steven G. Woltman, and John T. Yocum 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: January 28, 2008.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E8-1886 Filed 1-31-08; 8:45 am]
BILLING CODE 4910-EX-P