Qualification of Drivers; Exemption Applications; Diabetes, 13274-13276 [E8-4950]

Download as PDF pwalker on PROD1PC71 with NOTICES 13274 Federal Register / Vol. 73, No. 49 / Wednesday, March 12, 2008 / Notices Canada. The Detroit River, which separates the U.S. and Canada, currently has border crossings at the Ambassador Bridge (four lanes), the Detroit-Windsor Tunnel (two lanes), the Detroit-Canada Rail Tunnels, and the Detroit-Windsor Truck Ferry. These multi-modal transportation links provide the connections for freight and passenger movements between the two countries. The DRIC Study includes transportation alternatives that improve bordercrossing facilities, operations, and connections to meet existing and future mobility and security needs. Purpose and Need for the Project: The purpose of the DRIC Study is to provide safe, efficient and secure movement of people and goods across the U.S.Canadian border in the Detroit River area to support the economies of Michigan, Ontario, Canada and the United States, and to support the mobility needs of national and civil defense to protect the homeland. To address future border crossing mobility requirements through 2035, there is a need to: —Provide new border-crossing capacity to meet increased long-term demand; —Improve system connectivity to enhance the seamless flow of people and goods; —Improve operations and processing capability in accommodating the flow of people and goods; and —Provide reasonable and secure crossing options (i.e., redundancy) in the event of incidents, maintenance, congestion, or other disruptions. Alternatives Evaluated: The DEIS evaluates nine Build Alternatives in addition to a No-Build Alternative. The nine Build Alternatives each include an interchange plaza, a customs inspection plaza, and a bridge from the plaza that spans the Detroit River. The DEIS analyzes the issues/impacts on the United State’s side of the proposed new border crossing. A Canadian-produced set of documents analyzes the issues/ impacts on the Canadian side. The No-Build Alternative would not result in a new international border crossing system in the Detroit-Windsor area. Only the existing crossings, plazas and freeway connections, including the Gateway connection currently under construction, would continue operations. A second privately-owned bridge has been proposed by the Detroit International Bridge Company in the Ambassador Bridge Enhancement Environmental Assessment and was included in the No-Build Alternative. VerDate Aug<31>2005 19:30 Mar 11, 2008 Jkt 214001 Issued on: March 5, 2008. James J. Steele, Division Administrator, Lansing, Michigan. [FR Doc. E8–4751 Filed 3–11–08; 8:45 am] BILLING CODE 4910–RY–M DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA–2007–0070] 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 sixty-six 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 March 12, 2008. The exemptions expire on March 12, 2010. FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical Programs, (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 Federal Document Management System (FDMS) at: https:// www.regulations.gov. Docket: For access to the docket to read background documents or comments, go to https:// 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, PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 2000). This statement is also available at https://Docketinfo.dot.gov. Background On February 1, 2008, FMCSA published a notice of receipt of Federal diabetes exemption applications from sixty-six individuals, and requested comments from the public (73 FR 6249). The public comment period closed on March 3, 2008 and one comment was received. FMCSA has evaluated the eligibility of the sixty-six 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 sixty-six applicants have had ITDM over a range of 1 to 26 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 E:\FR\FM\12MRN1.SGM 12MRN1 Federal Register / Vol. 73, No. 49 / Wednesday, March 12, 2008 / Notices 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 February 1, 2008, Federal Register Notice (73 FR 6249). 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. 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 VerDate Aug<31>2005 19:30 Mar 11, 2008 Jkt 214001 Federal, State, or local enforcement official. Discussion of Comments FMCSA received one comment in this proceeding. The comment was from an anonymous individual, who stated that he felt it was discriminatory for truck drivers on insulin to have to go through a lengthy process to keep their jobs. 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 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 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 13275 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 forty-eight exemption applications, FMCSA exempts, William E. Amidon, Jack H. Badger, Jr., Richard L. Burwell, Scott A. Campbell, David Clemente, Sr., Mark D. Cleveland, Timothy M. Collier, Danny R. Combs, Robert S. Crawford, Anthony S. Cruise, James D. Daly, James Davis, William M. Dement, Lizzie L. Dixon, Nathan J. Donley, Billy R. Echols, Gregory A. Fisher, Linda G. Flock, Kurt D. Genat, Kerri J. Gibson, Carlos F. Gonzales, Larry D. Goughnour, Ronald G. Gross, James O. Hamilton, Chester C. Holland, Justin J. Hughes, Phillip R. Hutchinson, Bradley J. Ingemann, Robert M. Jasuta, William B. Jenks, Jr., Timothy L. Johnson, Daniel R. Jones, Glenn R. Kerns, Kenneth M. Kostelny, Douglas O. Krosch, John Lewis, Jr., Robert E. Martin, Henry M. McCurdy, Thomas J. Montgomery, Robert L. Morden, Jerry L. Morris, Michael D. Mumma, Harold R. Newton, Clayton W. Noe, Derek J. Page, Garrett A. Phillips, Gary P. Pitts, Bruce P. Quaintance, Randy L. Quattlebaum, Curtis L. Reed, Jr., Everette W. Roberts, Mark C. Smith, Ryan B. Smith, Billy J. Stamper, Ralph J. Sternhagen, Robert E. Tauriainen, David B. Tomlin, Brian T. Tow, Larry N. Trimble, Frederick J. Van Aken, III., Roger K. VanDenbark, Kenneth D. Wallace, Kelly A. Walling, Gary J. Weiss, and Danny L. Wood, 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 E:\FR\FM\12MRN1.SGM 12MRN1 13276 Federal Register / Vol. 73, No. 49 / Wednesday, March 12, 2008 / Notices 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: March 6, 2008. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. E8–4950 Filed 3–11–08; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [NHTSA–04–20484] Insurer Reporting Requirements; Reports under 49 U.S.C. on Section 33112(c) National Highway Traffic Safety Administration (NHTSA), Department of Transportation. ACTION: Notice of Availability. pwalker on PROD1PC71 with NOTICES AGENCY: SUMMARY: This notice announces publication by NHTSA of the annual insurer report on motor vehicle theft for the 2002 reporting year. Section 33112(h) of Title 49 of the U.S. Code, requires this information to be compiled periodically and published by the agency in a form that will be helpful to the public, the law enforcement community, and Congress. As required by section 33112(c), this report provides information on theft and recovery of vehicles; rating rules and plans used by motor vehicle insurers to reduce premiums due to a reduction in motor vehicle thefts; and actions taken by insurers to assist in deterring thefts. ADDRESSES: Interested persons may obtain a copy of this report or read background documents by going to https://regulations.dot.gov at any time or to Room W12–140 on the ground level of the West Building, 1200 New Jersey Avenue, SE., Washington, DC, 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. Requests should refer to Docket No. 2004–20484. FOR FURTHER INFORMATION CONTACT: Ms. Carlita Ballard, Office of International Policy, Fuel Economy and Consumer Programs, NHTSA, 1200 New Jersey Ave., SE., Washington, DC 20590. Ms. VerDate Aug<31>2005 19:30 Mar 11, 2008 Jkt 214001 Ballard’s telephone number is (202) 366–0846. Her fax number is (202) 493– 2990. SUPPLEMENTARY INFORMATION: The Motor Vehicle Theft Law Enforcement Act of 1984 (Theft Act) was implemented to enhance detection and prosecution of motor vehicle theft (Pub. L. 98–547). The Theft Act added a new Title VI to the Motor Vehicle Information and Cost Savings Act, which required the Secretary of Transportation to issue a theft prevention standard for identifying major parts of certain high-theft lines of passenger cars. The Act also addressed several other actions to reduce motor vehicle theft, such as increased criminal penalties for those who traffic in stolen vehicles and parts, curtailment of the exportation of stolen motor vehicles and off-highway mobile equipment, establishment of penalties for dismantling vehicles for the purpose of trafficking in stolen parts, and development of ways to encourage decreases in premiums charged to consumers for motor vehicle theft insurance. This notice announces publication by NHTSA of the annual insurer report on motor vehicle theft for the 2002 reporting year. Section 33112(h) of Title 49 of the U.S. Code, requires this information to be compiled periodically and published by the agency in a form that will be helpful to the public, the law enforcement community, and Congress. As required by section 33112(h), this report focuses on the assessment of information on theft and recovery of motor vehicles, comprehensive insurance coverage and actions taken by insurers to reduce thefts for the 2002 reporting period. Section 33112 of Title 49 requires subject insurers or designated agents to report annually to the agency on theft and recovery of vehicles, on rating rules and plans used by insurers to reduce premiums due to a reduction in motor vehicle thefts, and on actions taken by insurers to assist in deterring thefts. Rental and leasing companies also are required to provide annual theft reports to the agency. In accordance with 49 CFR 544.5, each insurer, rental and leasing company to which this regulation applies must submit a report annually not later than October 25, beginning with the calendar year for which they are required to report. The report would contain information for the calendar year three years previous to the year in which the report is filed. The report that was due by October 25, 2005 contains the required information for the 2002 calendar year. Interested persons may obtain a copy of individual PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 insurer reports for CY 2002 by contacting the U.S. Department of Transportation, Docket Management, 1200 New Jersey Avenue, SE., West Building, Room W12–140 ground level, Washington, DC 20590–001. Requests should refer to Docket No. 2004–20484. The annual insurer reports provided under section 33112 are intended to aid in implementing the Theft Act and fulfilling the Department’s requirements to report to the public the results of the insurer reports. The first annual insurer report, referred to as the section 612 Report on Motor Vehicle Theft, was prepared by the agency and issued in December 1987. The report included theft and recovery data by vehicle type, make, line, and model which were tabulated by insurance companies and, rental and leasing companies. Comprehensive premium information for each of the reporting insurance companies was also included. This report, the seventeenth, discloses the same subject information and follows the same reporting format. Issued on: March 7, 2008. Stephen R. Kratzke, Associate Administrator for Rulemaking. [FR Doc. E8–4939 Filed 3–11–08; 8:45 am] BILLING CODE 4910–59–P DEPARTMENT OF THE TREASURY United States Mint Notification of American Buffalo 2008 Celebration Coin Program Price Increase. SUMMARY: The United States Mint is adjusting prices for its American Buffalo 2008 Celebration Coin Program. Pursuant to 31 U.S.C. 5112(q), and in accordance with 31 U.S.C. 9701(b)(2)(B), the United States Mint is changing the price of these coins to reflect the increase in value of the underlying precious metal content of the coins—the result of increases in the market price of gold. Accordingly, effective March 7, 2008, the United States Mint will commence selling the American Buffalo 2008 Celebration Coin Program according to the following price schedule: Description Price American Buffalo 2008 Celebration Coin Program ................... $1,118.88 FOR FURTHER INFORMATION CONTACT: Gloria C. Eskridge, Associate Director for Sales and Marketing; United States Mint; 801 Ninth Street, NW., E:\FR\FM\12MRN1.SGM 12MRN1

Agencies

[Federal Register Volume 73, Number 49 (Wednesday, March 12, 2008)]
[Notices]
[Pages 13274-13276]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-4950]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2007-0070]


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 sixty-six 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 March 12, 2008. The exemptions 
expire on March 12, 2010.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical 
Programs, (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 Federal Document 
Management System (FDMS) at: https://www.regulations.gov.
    Docket: For access to the docket to read background documents or 
comments, go to https://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 https://Docketinfo.dot.gov.

Background

    On February 1, 2008, FMCSA published a notice of receipt of Federal 
diabetes exemption applications from sixty-six individuals, and 
requested comments from the public (73 FR 6249). The public comment 
period closed on March 3, 2008 and one comment was received.
    FMCSA has evaluated the eligibility of the sixty-six 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 sixty-six applicants have had ITDM over a range of 1 to 26 
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

[[Page 13275]]

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 February 1, 2008, Federal 
Register Notice (73 FR 6249). 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 one comment in this proceeding. The comment was from 
an anonymous individual, who stated that he felt it was discriminatory 
for truck drivers on insulin to have to go through a lengthy process to 
keep their jobs.
    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 forty-eight exemption applications, FMCSA exempts, 
William E. Amidon, Jack H. Badger, Jr., Richard L. Burwell, Scott A. 
Campbell, David Clemente, Sr., Mark D. Cleveland, Timothy M. Collier, 
Danny R. Combs, Robert S. Crawford, Anthony S. Cruise, James D. Daly, 
James Davis, William M. Dement, Lizzie L. Dixon, Nathan J. Donley, 
Billy R. Echols, Gregory A. Fisher, Linda G. Flock, Kurt D. Genat, 
Kerri J. Gibson, Carlos F. Gonzales, Larry D. Goughnour, Ronald G. 
Gross, James O. Hamilton, Chester C. Holland, Justin J. Hughes, Phillip 
R. Hutchinson, Bradley J. Ingemann, Robert M. Jasuta, William B. Jenks, 
Jr., Timothy L. Johnson, Daniel R. Jones, Glenn R. Kerns, Kenneth M. 
Kostelny, Douglas O. Krosch, John Lewis, Jr., Robert E. Martin, Henry 
M. McCurdy, Thomas J. Montgomery, Robert L. Morden, Jerry L. Morris, 
Michael D. Mumma, Harold R. Newton, Clayton W. Noe, Derek J. Page, 
Garrett A. Phillips, Gary P. Pitts, Bruce P. Quaintance, Randy L. 
Quattlebaum, Curtis L. Reed, Jr., Everette W. Roberts, Mark C. Smith, 
Ryan B. Smith, Billy J. Stamper, Ralph J. Sternhagen, Robert E. 
Tauriainen, David B. Tomlin, Brian T. Tow, Larry N. Trimble, Frederick 
J. Van Aken, III., Roger K. VanDenbark, Kenneth D. Wallace, Kelly A. 
Walling, Gary J. Weiss, and Danny L. Wood, 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

[[Page 13276]]

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: March 6, 2008.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E8-4950 Filed 3-11-08; 8:45 am]
BILLING CODE 4910-EX-P
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