Qualification of Drivers; Exemption Applications; Diabetes, 48341-48342 [E9-22769]
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Federal Register / Vol. 74, No. 182 / Tuesday, September 22, 2009 / Notices
person, or resulting in impaired
cognitive function that occurred without
warning in the past 5 years; understands
diabetes management and monitoring;
and has stable control of his diabetes
using insulin, and is able to drive a
CMV safely. Mr. Stegemiller meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2009
and certified that he has stable
nonproliferative diabetic retinopathy.
He holds a Class B CDL from Indiana.
Jon C. Thomas
Mr. Thomas, 43, has had ITDM since
2007. His endocrinologist examined him
in 2009 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Thomas meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2009
and certified that he does not have
diabetic retinopathy. He holds a Class A
CDL from Utah.
sroberts on DSKD5P82C1PROD with NOTICES
Dennis M. Thyfault
Mr. Thyfault, 57, has had ITDM since
1970. His endocrinologist examined him
in 2009 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
insulin, and is able to drive a CMV
safely. Mr. Thyfault meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2009
and certified that he has stable
nonproliferative diabetic retinopathy.
He holds a Class D operator’s license
from Utah.
Howard M. Wilson
Mr. Wilson, 29, has had ITDM since
1998. His endocrinologist examined him
in 2009 and certified that he has had no
hypoglycemic reactions resulting in loss
of consciousness, requiring the
assistance of another person, or
resulting in impaired cognitive function
that occurred without warning in the
past 5 years; understands diabetes
management and monitoring; and has
stable control of his diabetes using
VerDate Nov<24>2008
21:23 Sep 21, 2009
Jkt 217001
insulin, and is able to drive a CMV
safely. Mr. Wilson meets the
requirements of the vision standard at
49 CFR 391.41(b)(10). His optometrist
examined him in 2009 and certified that
he does not have diabetic retinopathy.
He holds a Class C CDL from Illinois.
Request for Comments
In accordance with 49 U.S.C. 31136(e)
and 31315, FMCSA requests public
comment from all interested persons on
the exemption petitions described in
this notice. We will consider all
comments received before the close of
business on the closing date indicated
in the date section of the Notice.
FMCSA notes that Section 4129 of the
Safe, Accountable, Flexible and
Efficient Transportation Equity Act: A
Legacy for Users (SAFETEA–LU)
requires the Secretary to revise its
diabetes exemption program established
on September 3, 2003 (68 FR 52441).1
The revision must provide for
individual assessment of drivers with
diabetes mellitus, and be consistent
with the criteria described in section
4018 of the Transportation Equity Act
for the 21st Century (49 U.S.C. 31305).
Section 4129 requires: (1) The
elimination of the requirement for three
years of experience operating CMVs
while being treated with insulin; and (2)
the establishment of a specified
minimum period of insulin use to
demonstrate stable control of diabetes
before being allowed to operate a CMV.
In response to section 4129, FMCSA
made immediate revisions to the
diabetes exemption program established
by the September 3, 2003 Notice.
FMCSA discontinued use of the 3-year
driving experience and fulfilled the
requirements of section 4129 while
continuing to ensure that operation of
CMVs by drivers with ITDM will
achieve the requisite level of safety
required of all exemptions granted
under 49 USC. 31136(e).
Section 4129(d) also directed FMCSA
to ensure that drivers of CMVs with
ITDM are not held to a higher standard
than other drivers, with the exception of
limited operating, monitoring and
medical requirements that are deemed
medically necessary. FMCSA concluded
that all of the operating, monitoring and
medical requirements set out in the
September 3, 2003 Notice, except as
modified, were in compliance with
section 4129(d). Therefore, all of the
requirements set out in the September 3,
2003 Notice, except as modified by the
1 Section 4129(a) refers to the 2003 Notice as a
‘‘final rule.’’ However, the 2003 Notice did not issue
a ‘‘final rule’’ but did establish the procedures and
standards for issuing exemptions for drivers with
ITDM.
PO 00000
Frm 00121
Fmt 4703
Sfmt 4703
48341
Notice in the Federal Register on
November 8, 2005 (70 FR 67777),
remain in effect.
Issued on: September 14, 2009.
Larry W. Minor,
Associate Administrator for Policy and
Program Development.
[FR Doc. E9–22770 Filed 9–21–09; 8:45 am]
BILLING CODE P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[FMCSA Docket No. FMCSA–2009–0174]
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 forty-one
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
September 22, 2009. The exemptions
expire on September 22, 2011.
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
E:\FR\FM\22SEN1.SGM
22SEN1
48342
Federal Register / Vol. 74, No. 182 / Tuesday, September 22, 2009 / Notices
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.
sroberts on DSKD5P82C1PROD with NOTICES
Background
On July 28, 2009, FMCSA published
a notice of receipt of Federal diabetes
exemption applications from forty-one
individuals, and requested comments
from the public (74 FR 37288). The
public comment period closed on
August 27, 2009 and no comments were
received.
FMCSA has evaluated the eligibility
of the forty-one 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 forty-one applicants have had
ITDM over a range of 1 to 32 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
VerDate Nov<24>2008
21:23 Sep 21, 2009
Jkt 217001
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 July 28,
2009, Federal Register Notice (74 FR
37288). 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-
PO 00000
Frm 00122
Fmt 4703
Sfmt 4703
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 forty-one exemption applications,
FMCSA exempts, Michael D. Arnold,
Michael F. Arthur, Roelf F. Aufforth,
Gerald L. Bell, Steven H. Bergheger,
Steven H. Bergheger, Blaine T.
Boellstroff, Dane R. Broach, Richard B.
Brookshire, David J. Campbell,
Christopher S. Cate, Lynne M. Childers,
Moses O. Crespo, Raymond A. Dietz,
Steven C. Ellenberger, Ralph M. Ellis,
Troy E. Freeman, Glenn T. Grace, Byron
K. Hicks, Dori A. Hoffman, William C.
Howard, Adam C. Hyatt, Clarence B.
Jackson, Robert F. Jolly, Jr., Dale Jones,
Matthew G. Matheson, Steven A.
Mayhew, Michael G. Mulder, Gary S.
Myers, Bradley D. Nickles, Jr., Sherwin
M. Nurse, III, Frank R. Radice, Frank A.
Rhodes, James B. Roth, Matthew T.
Russell, Tranquilino D. Sena, John A.
Serth, Jr., David H. Shipley, Michael A.
Taylor, Peter T. Tengbeh, and John A.
Yarde from the ITDM standard in 49
CFR 391.41(b)(3), subject to the
conditions listed under ‘‘Conditions and
Requirements’’ above.
In accordance with 49 U.S.C. 31136(e)
and 31315 each exemption will be valid
for two years unless revoked earlier by
FMCSA. The exemption will be revoked
if: (1) The person fails to comply with
the terms and conditions of the
exemption; (2) the exemption has
resulted in a lower level of safety than
was maintained before it was granted; or
(3) continuation of the exemption would
not be consistent with the goals and
objectives of 49 U.S.C. 31136(e) and
31315. If the exemption is still effective
at the end of the 2-year period, the
person may apply to FMCSA for a
renewal under procedures in effect at
that time.
Issued on: September 14, 2009.
Larry W. Minor,
Associate Administrator for Policy and
Program Development.
[FR Doc. E9–22769 Filed 9–21–09; 8:45 am]
BILLING CODE 4910–EX–P
E:\FR\FM\22SEN1.SGM
22SEN1
]]>Agencies
[Federal Register Volume 74, Number 182 (Tuesday, September 22, 2009)]
[Notices]
[Pages 48341-48342]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-22769]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[FMCSA Docket No. FMCSA-2009-0174]
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 forty-one 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 September 22, 2009. The exemptions
expire on September 22, 2011.
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
[[Page 48342]]
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 July 28, 2009, FMCSA published a notice of receipt of Federal
diabetes exemption applications from forty-one individuals, and
requested comments from the public (74 FR 37288). The public comment
period closed on August 27, 2009 and no comments were received.
FMCSA has evaluated the eligibility of the forty-one 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 forty-one applicants have had ITDM over a range of 1 to 32
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 July 28, 2009, Federal Register
Notice (74 FR 37288). Therefore, they will not be repeated in this
notice.
Basis for Exemption Determination
Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the diabetes standard in 49 CFR 391.41(b)(3) if the exemption is
likely to achieve an equivalent or greater level of safety than would
be achieved without the exemption. The exemption allows the applicants
to operate CMVs in interstate commerce.
To evaluate the effect of these exemptions on safety, FMCSA
considered medical reports about the applicants' ITDM and vision, and
reviewed the treating endocrinologist's medical opinion related to the
ability of the driver to safely operate a CMV while using insulin.
Consequently, FMCSA finds that exempting these applicants from the
diabetes standard in 49 CFR 391.41(b)(3) is likely to achieve a level
of safety equal to that existing without the exemption.
Conditions and Requirements
The terms and conditions of the exemption will be provided to the
applicants in the exemption document and they include the following:
(1) That each individual submit a quarterly monitoring checklist
completed by the treating endocrinologist as well as an annual
checklist with a comprehensive medical evaluation; (2) that each
individual reports within 2 business days of occurrence, all episodes
of severe hypoglycemia, significant complications, or inability to
manage diabetes; also, any involvement in an accident or any other
adverse event in a CMV or personal vehicle, whether or not they are
related to an episode of hypoglycemia; (3) that each individual provide
a copy of the ophthalmologist's or optometrist's report to the medical
examiner at the time of the annual medical examination; and (4) that
each individual provide a copy of the annual medical certification to
the employer for retention in the driver's qualification file, or keep
a copy in his/her driver's qualification file if he/she is self-
employed. The driver must also have a copy of the certification when
driving, for presentation to a duly authorized Federal, State, or local
enforcement official.
Discussion of Comments
FMCSA received no comments in this proceeding
Conclusion
After considering the comments to the docket, and based upon its
evaluation of the forty-one exemption applications, FMCSA exempts,
Michael D. Arnold, Michael F. Arthur, Roelf F. Aufforth, Gerald L.
Bell, Steven H. Bergheger, Steven H. Bergheger, Blaine T. Boellstroff,
Dane R. Broach, Richard B. Brookshire, David J. Campbell, Christopher
S. Cate, Lynne M. Childers, Moses O. Crespo, Raymond A. Dietz, Steven
C. Ellenberger, Ralph M. Ellis, Troy E. Freeman, Glenn T. Grace, Byron
K. Hicks, Dori A. Hoffman, William C. Howard, Adam C. Hyatt, Clarence
B. Jackson, Robert F. Jolly, Jr., Dale Jones, Matthew G. Matheson,
Steven A. Mayhew, Michael G. Mulder, Gary S. Myers, Bradley D. Nickles,
Jr., Sherwin M. Nurse, III, Frank R. Radice, Frank A. Rhodes, James B.
Roth, Matthew T. Russell, Tranquilino D. Sena, John A. Serth, Jr.,
David H. Shipley, Michael A. Taylor, Peter T. Tengbeh, and John A.
Yarde from the ITDM standard in 49 CFR 391.41(b)(3), subject to the
conditions listed under ``Conditions and Requirements'' above.
In accordance with 49 U.S.C. 31136(e) and 31315 each exemption will
be valid for two years unless revoked earlier by FMCSA. The exemption
will be revoked if: (1) The person fails to comply with the terms and
conditions of the exemption; (2) the exemption has resulted in a lower
level of safety than was maintained before it was granted; or (3)
continuation of the exemption would not be consistent with the goals
and objectives of 49 U.S.C. 31136(e) and 31315. If the exemption is
still effective at the end of the 2-year period, the person may apply
to FMCSA for a renewal under procedures in effect at that time.
Issued on: September 14, 2009.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E9-22769 Filed 9-21-09; 8:45 am]
BILLING CODE 4910-EX-P
