Qualification of Drivers; Exemption Applications; Diabetes, 31875-31877 [E7-11120]

Download as PDF Federal Register / Vol. 72, No. 110 / Friday, June 8, 2007 / Notices Protection and Enhancement of Environmental Quality; E.O. 13112 Invasive Species. (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program.) Authority: 23 U.S.C. 139(l)(1). Issued on: June 4, 2007. Robert F. Tally Jr., Division Administrator, Indianapolis, Indiana. [FR Doc. E7–11090 Filed 6–7–07; 8:45 am] 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://dms.dot.gov. Background BILLING CODE 4910–RY–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA–2006–26601] Qualification of Drivers; Exemption Applications; Diabetes Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. AGENCY: SUMMARY: FMCSA announces its decision to exempt seventy-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 June 8, 2007. The exemptions expire on June 8, 2009. FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Chief, Physical Qualifications Division, (202) 366–4001, fmcsamedical@dot.gov, 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: On March 16, 2007, FMCSA published a notice of receipt of Federal diabetes exemption applications from seventy-four individuals, and requested comments from the public (72 FR 12656). The public comment period closed on April 16, 2007 and two comments were received. FMCSA has evaluated the eligibility of the seventy-four applicants and determined that granting the exemptions to seventy-two of 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). The Agency subsequently determined that two of the applicants did not meet the minimal age criteria outlined in 49 CFR 391.11(b)(1) which states that an individual must be at least 21 years old to operate a CMV in interstate commerce. The two applicants in question, Michael J. Guido and Cameron D. Hubbard will not be granted an exemption at this time. However, they can reapply for the exemption after they have satisfied the criteria discussed above. The Agency announces a correction regarding Robert A. Hartung, a Federal diabetes exemption applicant who was first published in a notice for comments on March 1, 2007 (72 FR 9402). There were no comments to the docket regarding granting him an exemption but he was omitted from the notice of final disposition that was published on April 30, 2007. Therefore, he will be granted an exemption with an effective date of April 30, 2007. pwalker on PROD1PC71 with NOTICES Electronic Access You may see all the comments online through the Document Management System (DMS) at: http://dmses.dot.gov. Docket: For access to the docket to read background documents or comments received, go to http:// dms.dot.gov and/or Room W12–140 on the West Building Ground Floor, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. 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 VerDate Aug<31>2005 18:14 Jun 07, 2007 Jkt 211001 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 31875 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 seventy-three applicants have had ITDM over a range of 1 to 38 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. 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 March 16, 2007, Federal Register Notice (72 FR 12656). 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) E:\FR\FM\08JNN1.SGM 08JNN1 31876 Federal Register / Vol. 72, No. 110 / Friday, June 8, 2007 / Notices is likely to achieve a level of safety equal to that existing without the exemption. pwalker on PROD1PC71 with NOTICES 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 selfemployed. 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 two comments in this proceeding. The comments are considered and discussed below. An anonymous individual stated that Kenneth C. Michael should not receive a Federal diabetes exemption because he is both physically and cognitively unfit to be on the road due to frequent memory loss and debilitating illness. Due to the fact that this comment was submitted by an anonymous individual and that the allegation of Mr. Michael having a ‘‘debilitating illness’’ was not specifically defined by the submitter presents challenges to the Agency in investigating the information submitted in the comment. FMCSA has reevaluated his application and all supporting medical documents to determine if there was any information present to support the comment submitted. The documentation from his endocrinologist supports that he has stable control of his diabetes using insulin, and is able to drive a CMV safely. There is no indication that he has any other unresolved medical issues. The Agency, at this time, has no evidence to support that the statement submitted into the docket is valid. The VerDate Aug<31>2005 18:14 Jun 07, 2007 Jkt 211001 Federal diabetes exemption only exempts the individual from 49 CFR 391.41(b)(3), it is the responsibility of the medical examiner to determine if the individual meets all other physical qualification standards. Therefore, FMCSA will require Mr. Michael to submit to the Agency a copy of his medical examination certificate as well as a copy of his medical examination form as a condition of granting the exemption. FMCSA will review the results of that examination report to determine if there is any medical information present to support the action of revoking the exemption. FMCSA is also willing to evaluate any additional information submitted by the public pertaining to this driver’s safety at any point in time. Another anonymous individual feels that the process for the Federal diabetes exemption is too long; he also believes that the Agency is discriminatory towards drivers with diabetes. With regard to the length of time required to obtain a Federal exemption, FMCSA is required to publish in the Federal Register the name of each eligible individual who applies for a diabetes exemption, and request public comment on the application The Agency must then review all the comments received and determine whether granting the exemption would achieve a level of safety equivalent to, or greater than, the level of safety provided by compliance with the current diabetes standard. Depending on the complexity of the health issues discussed in the application, a final decision may take up to 180 days from the date we receive the completed application (49 U.S.C. 31136(e) and 31315). We recognize this potential 6month waiting period may seem burdensome. However, we must carefully evaluate each applicant’s request to assess his or her potential safety performance. FMCSA notifies all applicants in writing once a final decision is made. It is not the intention of FMCSA to impose hardship on commercial drivers. CMV drivers are held to a strict physical standard because of the extensive skill required to operate large trucks and buses and the potential harm these vehicles can cause to other motorists. Our safety regulations have a single goal—to reduce the number of CMV crashes and fatalities on the Nation’s highways. FMCSA’s exemption process supports drivers with ITDM who seek to operate in interstate commerce. In addition, the Federal Motor Carrier Safety Regulations (FMCSRs) are not contrary to the Americans with Disabilities Act (ADA) of 1990. The mandates of the PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 ADA do not require that FMCSA alter the driver qualification requirements contained in 49 CFR part 391. The Senate report on the ADA, submitted by its Committee on Labor and Human Resources, included the following explanation: With respect to covered entities subject to rules promulgated by the Department of Transportation regarding physical qualifications for drivers of certain classifications of motor vehicles, it is the Committee’s intent that a person with a disability applying for or currently holding a job subject to these standards must be able to satisfy these physical qualification standards in order to be considered a qualified individual with a disability under Title I of this legislation. S. Rep. 101–116, at 27 (1989). FMSCA 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, insulin-treated diabetic drivers 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 After considering the comments to the docket, and based upon its evaluation of the seventy-three exemption applications, FMCSA exempts, Jonathon L. Apuan, Oluwafemi A. Aruwajoye, Scott D. Baroch, David M. Beard, Andrew F. Behr, Brian G. Brianard, David A. Broughton, Kelly G. Burke, David R. Burton, Michael G. Cary, Esko G. Cate, Richard I. Chandler, Stephen R. Clemens, Johnny W. Corbin, Mark T. Cousins, Emory B. Duke, Mark K. Eaton, Chad L. Erickson, David E. Farvour, Brian A. Foss, Manuel A. Garcia, Marcus B. Garris, John M. Gladu, Sr., William H. Grambusch, Kenneth M. Harrelson, Allan R. Harrison, Robert A. Hartung, Kendal B. Heath, Randy A. Hicks, Jon D. Huntsinger, Kirk J. Janczak, Thomas E. Jannicelli, Curtis L. Jewett, Mark W. Johnson, Robbie L. Jones, Lucas J. Jordan, Murl R. Kimmel, Michael D. Landon, ?, Patrick B. Lavespere, Aaron W. Lawrence, Scott W. Loucks, Jesse J. Louris, Michael G. McIntosh, Gordon L. Mattocks, Kenneth C. Michael, David W. Mills, Ellis E. Murdock, Mark E. Murphy, Daniel D. Neale, Judith A. Neel, Richard J. Neeman, Danny E. Norment, Marvin H. E:\FR\FM\08JNN1.SGM 08JNN1 Federal Register / Vol. 72, No. 110 / Friday, June 8, 2007 / Notices Patterson, John H. Pitts, Kurt L. Podjaski, Lee M. Powell, Samuel N. Prindle, Ronald R. Reineke, Marks W. Sadowski, Thomas M. Sandahl, Bruce G. Scheffert, Carl W. Smith, Theodore M. Smith, Gilbert E. Strickland, John R. Thomas, Everett Tolbert, Kenneth R. Walker, John L. Waite, Jr., Donald S. Welch, James W. Williams, Milton L. Worsley, John A. Yarde, and Anthony Ybarra 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 4, 2007. Larry W. Minor, Acting Associate Administrator, Policy and Program Development. [FR Doc. E7–11120 Filed 6–7–07; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2007–28055] Demonstration Project on NAFTA Trucking Provisions Federal Motor Carrier Safety Administration (FMCSA). ACTION: Notice; supplemental request for public comment. pwalker on PROD1PC71 with NOTICES AGENCY: SUMMARY: The FMCSA announces additional details about the initiation of a project to demonstrate the ability of Mexico-domiciled motor carriers to operate safely in the United States beyond the commercial zones along the U.S.-Mexico border. On May 1, 2007, FMCSA published a notice in the Federal Register announcing its plans to initiate the project as part of the Agency’s implementation of the North American Free Trade Agreement (NAFTA) cross-border trucking provisions. In response to section 6901(b)(2)(B) of the ‘‘U.S. Troop Readiness, Veterans’’ Care, Katrina VerDate Aug<31>2005 18:14 Jun 07, 2007 Jkt 211001 Recovery, and Iraq Accountability Appropriations Act, 2007,’’ FMCSA provides for public comment certain additional details concerning the demonstration project. The FMCSA will carefully consider all comments received in response to the May 1, 2007, notice and this supplemental notice before further decisions are made concerning the implementation of the NAFTA trucking demonstration/pilot project. Comments must be received on or before June 28, 2007. ADDRESSES: You may submit comments identified by DOT DMS Docket Number FMCSA–2007–28055 by any of the following methods: • Web Site: http://dms.dot.gov. Follow the instructions for submitting comments on the DOT electronic docket site. Please note that the web site will not be available for use from June 13 through June 17, 2007 (72 FR 28092; May 18, 2007). During this period the Department of Transportation will be relocating the computers that host the electronic dockets. The electronic docket will again be available to users beginning on June 18, 2007. While the electronic docket is down from June 13 through June 17, interested parties may submit comments by fax, mail, or hand delivery, as described below. However, staff will not begin to place documents received during this period into the electronic docket until the computer goes back on line June 18. • Fax: 1–202–493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590. • Hand Delivery: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington DC, 20590 between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. • Federal eRulemaking Portal: Go to www.regulations.gov. Follow the online instructions for submitting comments. Please note that submission of comments via this web site will be affected by the relocation of the Department’s computers which host its electronic docket system. Instructions: All submissions must include the Agency name and docket number for this notice. For detailed instructions on submitting comments and additional information, see the Public Participation heading below. Note that all comments received will be posted without change to http:// dms.dot.gov, including any personal DATES: PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 31877 information provided. Please see the Privacy Act heading below. Docket: For access to the Docket Management System (DMS) to read background documents or comments received, go to http://dms.dot.gov at any time or to the U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington DC, 20590 between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. The DMS is available electronically 24 hours each day, 365 days each year, except as noted above. Privacy Act: 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 (65 FR 19477–78) or you may visit http:// dms.dot.gov. Public Participation: The DMS is available 24 hours each day, 365 days each year, except during the relocation period noted above. You can get electronic submission and retrieval help and guidelines under the ‘‘help’’ section of the DMS Web site. Comments received after the comment closing date will be included in the docket, and will be considered to the extent practicable. FOR FURTHER INFORMATION CONTACT: Mr. Milt Schmidt. Telephone (202) 366– 4049; E-mail: milt.schmidt@dot.gov. SUPPLEMENTARY INFORMATION: Background On May 1, 2007, FMCSA announced the initiation of a project to demonstrate the ability of Mexico-based motor carriers to operate safely in the United States beyond the commercial zones along the U.S.-Mexico border (72 FR 23883). The demonstration project will allow up to 100 Mexico-domiciled motor carriers to operate throughout the United States for one year. Up to 100 U.S.-domiciled motor carriers will be granted reciprocal rights to operate in Mexico for the same period. Participating Mexican carriers and drivers must comply with all applicable U.S. laws and regulations, including those concerned with motor carrier safety, customs, immigration, vehicle emissions, vehicle registration and taxation, and fuel taxation. The Agency explained the safety performance of the participating carriers will be tracked closely by FMCSA and its State partners, a joint U.S.-Mexico monitoring E:\FR\FM\08JNN1.SGM 08JNN1

Agencies

[Federal Register Volume 72, Number 110 (Friday, June 8, 2007)]
[Notices]
[Pages 31875-31877]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-11120]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2006-26601]


Qualification of Drivers; Exemption Applications; Diabetes

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces its decision to exempt seventy-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 June 8, 2007. The exemptions expire 
on June 8, 2009.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Chief, Physical 
Qualifications Division, (202) 366-4001, fmcsamedical@dot.gov, 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 Document Management 
System (DMS) at: http://dmses.dot.gov.
    Docket: For access to the docket to read background documents or 
comments received, go to http://dms.dot.gov and/or Room W12-140 on the 
West Building Ground Floor, 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://dms.dot.gov.

Background

    On March 16, 2007, FMCSA published a notice of receipt of Federal 
diabetes exemption applications from seventy-four individuals, and 
requested comments from the public (72 FR 12656). The public comment 
period closed on April 16, 2007 and two comments were received.
    FMCSA has evaluated the eligibility of the seventy-four applicants 
and determined that granting the exemptions to seventy-two of 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).
    The Agency subsequently determined that two of the applicants did 
not meet the minimal age criteria outlined in 49 CFR 391.11(b)(1) which 
states that an individual must be at least 21 years old to operate a 
CMV in interstate commerce. The two applicants in question, Michael J. 
Guido and Cameron D. Hubbard will not be granted an exemption at this 
time. However, they can reapply for the exemption after they have 
satisfied the criteria discussed above. The Agency announces a 
correction regarding Robert A. Hartung, a Federal diabetes exemption 
applicant who was first published in a notice for comments on March 1, 
2007 (72 FR 9402). There were no comments to the docket regarding 
granting him an exemption but he was omitted from the notice of final 
disposition that was published on April 30, 2007. Therefore, he will be 
granted an exemption with an effective date of April 30, 2007.

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 seventy-three applicants have had ITDM over a range of 1 to 
38 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. 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 March 16, 2007, Federal Register 
Notice (72 FR 12656). 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)

[[Page 31876]]

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 two comments in this proceeding. The comments are 
considered and discussed below.
    An anonymous individual stated that Kenneth C. Michael should not 
receive a Federal diabetes exemption because he is both physically and 
cognitively unfit to be on the road due to frequent memory loss and 
debilitating illness.
    Due to the fact that this comment was submitted by an anonymous 
individual and that the allegation of Mr. Michael having a 
``debilitating illness'' was not specifically defined by the submitter 
presents challenges to the Agency in investigating the information 
submitted in the comment. FMCSA has re-evaluated his application and 
all supporting medical documents to determine if there was any 
information present to support the comment submitted. The documentation 
from his endocrinologist supports that he has stable control of his 
diabetes using insulin, and is able to drive a CMV safely. There is no 
indication that he has any other unresolved medical issues.
    The Agency, at this time, has no evidence to support that the 
statement submitted into the docket is valid. The Federal diabetes 
exemption only exempts the individual from 49 CFR 391.41(b)(3), it is 
the responsibility of the medical examiner to determine if the 
individual meets all other physical qualification standards. Therefore, 
FMCSA will require Mr. Michael to submit to the Agency a copy of his 
medical examination certificate as well as a copy of his medical 
examination form as a condition of granting the exemption. FMCSA will 
review the results of that examination report to determine if there is 
any medical information present to support the action of revoking the 
exemption. FMCSA is also willing to evaluate any additional information 
submitted by the public pertaining to this driver's safety at any point 
in time.
    Another anonymous individual feels that the process for the Federal 
diabetes exemption is too long; he also believes that the Agency is 
discriminatory towards drivers with diabetes.
    With regard to the length of time required to obtain a Federal 
exemption, FMCSA is required to publish in the Federal Register the 
name of each eligible individual who applies for a diabetes exemption, 
and request public comment on the application
    The Agency must then review all the comments received and determine 
whether granting the exemption would achieve a level of safety 
equivalent to, or greater than, the level of safety provided by 
compliance with the current diabetes standard. Depending on the 
complexity of the health issues discussed in the application, a final 
decision may take up to 180 days from the date we receive the completed 
application (49 U.S.C. 31136(e) and 31315). We recognize this potential 
6-month waiting period may seem burdensome. However, we must carefully 
evaluate each applicant's request to assess his or her potential safety 
performance. FMCSA notifies all applicants in writing once a final 
decision is made. It is not the intention of FMCSA to impose hardship 
on commercial drivers. CMV drivers are held to a strict physical 
standard because of the extensive skill required to operate large 
trucks and buses and the potential harm these vehicles can cause to 
other motorists. Our safety regulations have a single goal--to reduce 
the number of CMV crashes and fatalities on the Nation's highways.
    FMCSA's exemption process supports drivers with ITDM who seek to 
operate in interstate commerce. In addition, the Federal Motor Carrier 
Safety Regulations (FMCSRs) are not contrary to the Americans with 
Disabilities Act (ADA) of 1990. The mandates of the ADA do not require 
that FMCSA alter the driver qualification requirements contained in 49 
CFR part 391. The Senate report on the ADA, submitted by its Committee 
on Labor and Human Resources, included the following explanation:

    With respect to covered entities subject to rules promulgated by 
the Department of Transportation regarding physical qualifications 
for drivers of certain classifications of motor vehicles, it is the 
Committee's intent that a person with a disability applying for or 
currently holding a job subject to these standards must be able to 
satisfy these physical qualification standards in order to be 
considered a qualified individual with a disability under Title I of 
this legislation. S. Rep. 101-116, at 27 (1989).

    FMSCA 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, insulin-treated diabetic drivers 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

    After considering the comments to the docket, and based upon its 
evaluation of the seventy-three exemption applications, FMCSA exempts, 
Jonathon L. Apuan, Oluwafemi A. Aruwajoye, Scott D. Baroch, David M. 
Beard, Andrew F. Behr, Brian G. Brianard, David A. Broughton, Kelly G. 
Burke, David R. Burton, Michael G. Cary, Esko G. Cate, Richard I. 
Chandler, Stephen R. Clemens, Johnny W. Corbin, Mark T. Cousins, Emory 
B. Duke, Mark K. Eaton, Chad L. Erickson, David E. Farvour, Brian A. 
Foss, Manuel A. Garcia, Marcus B. Garris, John M. Gladu, Sr., William 
H. Grambusch, Kenneth M. Harrelson, Allan R. Harrison, Robert A. 
Hartung, Kendal B. Heath, Randy A. Hicks, Jon D. Huntsinger, Kirk J. 
Janczak, Thomas E. Jannicelli, Curtis L. Jewett, Mark W. Johnson, 
Robbie L. Jones, Lucas J. Jordan, Murl R. Kimmel, Michael D. Landon, ?, 
Patrick B. Lavespere, Aaron W. Lawrence, Scott W. Loucks, Jesse J. 
Louris, Michael G. McIntosh, Gordon L. Mattocks, Kenneth C. Michael, 
David W. Mills, Ellis E. Murdock, Mark E. Murphy, Daniel D. Neale, 
Judith A. Neel, Richard J. Neeman, Danny E. Norment, Marvin H.

[[Page 31877]]

Patterson, John H. Pitts, Kurt L. Podjaski, Lee M. Powell, Samuel N. 
Prindle, Ronald R. Reineke, Marks W. Sadowski, Thomas M. Sandahl, Bruce 
G. Scheffert, Carl W. Smith, Theodore M. Smith, Gilbert E. Strickland, 
John R. Thomas, Everett Tolbert, Kenneth R. Walker, John L. Waite, Jr., 
Donald S. Welch, James W. Williams, Milton L. Worsley, John A. Yarde, 
and Anthony Ybarra 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 4, 2007.
Larry W. Minor,
Acting Associate Administrator, Policy and Program Development.
 [FR Doc. E7-11120 Filed 6-7-07; 8:45 am]
BILLING CODE 4910-EX-P