Qualification of Drivers; Exemption Applications; Diabetes, 63041-63042 [E8-25172]

Download as PDF Federal Register / Vol. 73, No. 205 / Wednesday, October 22, 2008 / Notices Hawaii, Illinois, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Texas, Utah, Vermont, Virginia, West Virginia, Wisconsin. Please note that two States have been removed from the previous list of approved programs. Arkansas no longer has a periodic inspection program for buses comparable to, or as effective, as the Federal PI program. Oklahoma has repealed its inspection requirements. Both States have therefore been delisted. As required by 49 CFR 396.23(b)(2), each motor carrier in Arkansas and Oklahoma must ensure that the periodic inspection required by 49 CFR 396.17 is performed on all CMVs under its control. In addition to the States listed above, the FMCSA accepts the inspection programs of the 10 Canadian Provinces (Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland, Nova Scotia, Ontario, Prince Edward Island, Quebec and Saskatchewan) and the Yukon Territory are comparable to, or as effective as, the Federal PI requirements. All other States either have no PI programs for CMVs or their PI programs have not been determined by the FMCSA to be comparable to, or as effective as, the Federal PI requirements. Should any of these States wish to establish a program or modify their programs in order to make them comparable to the Federal requirements, the State should contact the appropriate FMCSA division office. List of Subjects sroberts on PROD1PC70 with NOTICES Highway safety, Highways and roads, Motor carriers, Motor vehicle maintenance, Motor vehicle safety, Reporting and recordkeeping requirements. Authority: 49 U.S.C. 31132, 31136, 31142, 31502, and 31504; 49 CFR 1.73. Issued on: October 14, 2008. John H. Hill, Administrator. [FR Doc. E8–25174 Filed 10–21–08; 8:45 am] BILLING CODE 4910–EX–P VerDate Aug<31>2005 17:50 Oct 21, 2008 Jkt 217001 DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA–2008–0267] 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 thirty-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 October 22, 2008. The exemptions expire on October 22, 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 19476, Apr. 11, 2000). This statement is also available at https://Docketsinfo.dot.gov. Background On September 9, 2008, FMCSA published a notice announcing receipt of applications for exemption from the PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 63041 Federal diabetes standard from thirtynine individuals, and requested comments from the public (73 FR 52451). The public comment period closed on October 9, 2008, and no comments were received. FMCSA has evaluated the eligibility of the thirty-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 (68 FR 52442) 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-nine applicants have had ITDM over a range of 1 to 24 years. These applicants report no hypoglycemic reaction that resulted in loss of consciousness or seizure, that required the assistance of another person, or that 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 his or her diabetes, received education related to diabetes management, and is on a stable insulin regimen. Each driver reports no other disqualifying conditions, including diabetes-related complications. Each meets the vision standard at 49 CFR 391.41(b)(10). E:\FR\FM\22OCN1.SGM 22OCN1 63042 Federal Register / Vol. 73, No. 205 / Wednesday, October 22, 2008 / Notices The qualifications and medical condition of each applicant were stated and discussed in detail in the September 9, 2008, Federal Register Notice (73 FR 52451). 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. sroberts on PROD1PC70 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 submits to FMCSA 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 to FMCSA 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. VerDate Aug<31>2005 17:50 Oct 21, 2008 Jkt 217001 Discussion of Comments FMCSA received no comments in this proceeding. ACTION: Conclusion SUMMARY: FMCSA announces receipt of applications from 39 individuals for exemptions from the prohibition against persons with insulin-treated diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) in interstate commerce. If granted, the exemptions would enable these individuals with ITDM to operate commercial motor vehicles in interstate commerce. DATES: Comments must be received on or before November 21, 2008. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket ID FMCSA– 20078–0293 using any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the on-line instructions for submitting comments. • Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12–140, Washington, DC 20590–0001. • Hand Delivery: West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • Fax: 1–202–493–2251. Each submission must include the Agency name and the docket ID for this Notice. Note that DOT posts all comments received without change to https://www.regulations.gov, including any personal information included in a comment. Please see the Privacy Act heading below. Docket: For access to the docket to read background documents or comments, go to https:// www.regulations.gov at any time 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. The FDMS is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a selfaddressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments on-line. Privacy Act: Anyone may search the electronic form of all comments received into any of our 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, etc.). You may review the DOT’s complete After considering the comments to the docket, and based upon its evaluation of the thirty-nine exemption applications, FMCSA exempts, Joseph L. Bartolomei, Michael B. Bennington, Sr., Keith A. Callahan, John E. Coppedge, Roland D. Demers, Gary J. Drackert, Larry J. Eischens, James L. Erviti, Richard C. Frost, Charles W. Garrison, Timothy W. Goforth, Chad C. Gittings, David J. Hanzl, John A. Hayes, Thomas R. Jones, David H. Keawe, James G. Keesling, Chadwick A. Lang, Barry D. Langley, John M. Lyon, Douglas S. Morical, Robert L. O’Neill, Barry S. Neukum, Mark E. Peters, Brian M. Rossiter, Roger M. Russell, John G. Schaible, Jr., Rory J. Seleman, Thomas P. Shergold, Kristopher R. Soto, Frank L. Tomlinson, Eric D. Travland, Ralph E. Vindittie, James E. Waller, III, Chase M. Wells, Laurie E. White, Robert E. Williams, Craig E. Wolf, and Stephanie D. Wright 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 October 14, 2008. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. E8–25172 Filed 10–21–08; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket ID. FMCSA–2008–0293] Qualification of Drivers; Exemption Applications; Diabetes Federal Motor Carrier Safety Administration (FMCSA). AGENCY: PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 Notice of applications for exemptions from the diabetes standard; request for comments. E:\FR\FM\22OCN1.SGM 22OCN1

Agencies

[Federal Register Volume 73, Number 205 (Wednesday, October 22, 2008)]
[Notices]
[Pages 63041-63042]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-25172]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2008-0267]


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 thirty-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 October 22, 2008. The exemptions 
expire on October 22, 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 19476, Apr. 11, 2000). This statement is also 
available at https://Docketsinfo.dot.gov.

Background

    On September 9, 2008, FMCSA published a notice announcing receipt 
of applications for exemption from the Federal diabetes standard from 
thirty-nine individuals, and requested comments from the public (73 FR 
52451). The public comment period closed on October 9, 2008, and no 
comments were received.
    FMCSA has evaluated the eligibility of the thirty-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 (68 FR 52442) 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-nine applicants have had ITDM over a range of 1 to 24 
years. These applicants report no hypoglycemic reaction that resulted 
in loss of consciousness or seizure, that required the assistance of 
another person, or that 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 his or her diabetes, received education related to 
diabetes management, and is on a stable insulin regimen. Each driver 
reports no other disqualifying conditions, including diabetes-related 
complications. Each meets the vision standard at 49 CFR 391.41(b)(10).

[[Page 63042]]

    The qualifications and medical condition of each applicant were 
stated and discussed in detail in the September 9, 2008, Federal 
Register Notice (73 FR 52451). 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 submits to FMCSA 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 to FMCSA 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

    After considering the comments to the docket, and based upon its 
evaluation of the thirty-nine exemption applications, FMCSA exempts, 
Joseph L. Bartolomei, Michael B. Bennington, Sr., Keith A. Callahan, 
John E. Coppedge, Roland D. Demers, Gary J. Drackert, Larry J. 
Eischens, James L. Erviti, Richard C. Frost, Charles W. Garrison, 
Timothy W. Goforth, Chad C. Gittings, David J. Hanzl, John A. Hayes, 
Thomas R. Jones, David H. Keawe, James G. Keesling, Chadwick A. Lang, 
Barry D. Langley, John M. Lyon, Douglas S. Morical, Robert L. O'Neill, 
Barry S. Neukum, Mark E. Peters, Brian M. Rossiter, Roger M. Russell, 
John G. Schaible, Jr., Rory J. Seleman, Thomas P. Shergold, Kristopher 
R. Soto, Frank L. Tomlinson, Eric D. Travland, Ralph E. Vindittie, 
James E. Waller, III, Chase M. Wells, Laurie E. White, Robert E. 
Williams, Craig E. Wolf, and Stephanie D. Wright 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 October 14, 2008.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E8-25172 Filed 10-21-08; 8:45 am]
BILLING CODE 4910-EX-P