Qualification of Drivers; Exemption Applications; Diabetes, 8182-8183 [2010-3562]

Download as PDF 8182 Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Notices test to meet future air quality standards. The driver will test-drive Volvo prototype vehicles at its test site and in the vicinity around Phoenix, Arizona, verify results in ‘‘real world’’ environments, and, if necessary, deliver the vehicles in the U.S. The driver is Edvard Lundgren, and Volvo requests that the exemption cover a 2-year period. This driver holds a valid Swedish CDL, and as explained by Volvo in previous exemption requests, drivers applying for a Swedish-issued CDL must undergo a training program and pass knowledge and skills tests. Volvo also stated in prior exemption requests that the knowledge and skills tests and training program that Swedish drivers undergo to obtain a Swedish CDL ensure the exemption provides a level of safety that is equivalent to, or greater than, the level of safety obtained by complying with the U.S. requirement for a CDL. FMCSA has previously determined the process for obtaining a Swedishissued CDL is comparable to, or as effective as, the Federal requirements of Part 383, and adequately assesses the driver’s ability to operate CMVs in the U.S. In the past 2 years, FMCSA has published several notices of similar Volvo requests. An FMCSA notice of a similar nature was published on January 5, 2009, granting a comparable exemption to Volvo for a Swedish CDL driver permitting operation of CMVs in the U.S. (74 FR 333). Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA–2009–0294] 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 twenty-four individuals from its rule prohibiting persons with insulin-treated diabetes mellitus (ITDM) from operating commercial motor vehicles (CMVs) in interstate commerce. The exemptions will enable these individuals to operate CMVs in interstate commerce. DATES: The exemptions are effective February 23, 2010. The exemptions expire on February 23, 2012. 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 Issued on: February 16, 2010. Larry W. Minor, Associate Administrator for Policy and Program Development. You may see all the comments online through the Federal Document Management System (FDMS) at: http:// www.regulations.gov. Docket: For access to the docket to read background documents or comments, go to http:// www.regulations.gov and/or Room W12–140 on the ground level of the West Building, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Privacy Act: Anyone may search the electronic form of all comments received into any of DOT’s dockets by the name of the individual submitting the comment (or of the person signing the comment, if submitted on behalf of an association, business, labor union, or other entity). You may review DOT’s complete Privacy Act Statement in the Federal Register (65 FR 19477, Apr. 11, 2000). This statement is also available at http://www.regulations.gov. [FR Doc. 2010–3561 Filed 2–22–10; 8:45 am] Background BILLING CODE 4910–EX–P On December 22, 2009, FMCSA published a notice of receipt of Federal diabetes exemption applications from Request for Comments In accordance with 49 U.S.C. 31315(b)(4) and 31136(e), FMCSA requests public comment on Volvo’s application for an exemption from the CDL requirements of 49 CFR 383.23. The Agency will consider all comments received by close of business on March 25, 2010. Comments will be available for examination in the docket at the location listed under the ADDRESSES section of this notice. The Agency will consider to the extent practicable comments received in the public docket after the closing date of the comment period. mstockstill on DSKH9S0YB1PROD with NOTICES DEPARTMENT OF TRANSPORTATION VerDate Nov<24>2008 16:25 Feb 22, 2010 Jkt 220001 PO 00000 Frm 00152 Fmt 4703 Sfmt 4703 twenty-four individuals and requested comments from the public (74 FR 68092). The public comment period closed on January 21, 2010 and one comment was received. FMCSA has evaluated the eligibility of the twenty-four 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 September 3, 2003 (68 FR 52441) Federal Register Notice in conjunction with the November 8, 2005 (70 FR 67777) Federal Register Notice provides the current protocol for allowing such drivers to operate CMVs in interstate commerce. These twenty-four applicants have had ITDM over a range of 1 to 42 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 his/her 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). E:\FR\FM\23FEN1.SGM 23FEN1 Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Notices The qualifications and medical condition of each applicant were stated and discussed in detail in the December 22, 2009, Federal Register Notice 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 endocrinologists’ medical opinion related to the ability of the driver to safely operate a CMV while using insulin. Consequently, FMCSA finds that in each case 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. mstockstill on DSKH9S0YB1PROD 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 it is 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 Nov<24>2008 16:25 Feb 22, 2010 Jkt 220001 Discussion of Comments FMCSA received one comment in this proceeding. The comment was considered and discussed below. The Pennsylvania Department of Transportation expressed that it had reviewed the driving records for Joseph I. Kulp, Sr., and was in favor of granting a Federal diabetes exemption to him. Conclusion Based upon its evaluation of the twenty-four exemption applications, FMCSA exempts, Daniel W. Boldra, Simon P. Bollin, Patrick J. Bukolt, Leonel L. Cantu, Jr., William J. Cobb, Jr., Wallace E. Conover, Daniel C. Druffel, Gregory J. Godley, Troy A. Gortmaker, Charles M. Griswold, Kenneth M. Ham, Justin R. Henneinke, William R. Huntley, Ricky G. Kile, Joseph I. Kulp, Sr., Paul J. Failla, Eric D. Larson, Kevin R. Mooney, Daniel D. Neale, Richard D. Preisser, Brian A. Schlieckau, Richard L. Sulzberger, Clayton F. Tapscott, Dirk VanStralen and Henry L. Waskow, 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: February 5, 2010. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. 2010–3562 Filed 2–22–10; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–1999–5748; FMCSA– 1999–6156] Qualification of Drivers; Exemption Applications; Vision AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. PO 00000 Frm 00153 Fmt 4703 Sfmt 4703 8183 ACTION: Notice of renewal of exemptions; request for comments. SUMMARY: FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 5 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemption renewals will provide a level of safety that is equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers. DATES: This decision is effective March 7, 2010. Comments must be received on or before March 25, 2010. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket ID FMCSA– 1999–5748; FMCSA–1999–6156, using any of the following methods. • Federal eRulemaking Portal: Go to http://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 or Courier: 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 number for this Notice. Note that DOT posts all comments received without change to http://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 http:// 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. E:\FR\FM\23FEN1.SGM 23FEN1

Agencies

[Federal Register Volume 75, Number 35 (Tuesday, February 23, 2010)]
[Notices]
[Pages 8182-8183]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-3562]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2009-0294]


Qualification of Drivers; Exemption Applications; Diabetes

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

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to exempt twenty-four individuals 
from its rule prohibiting persons with insulin-treated diabetes 
mellitus (ITDM) from operating commercial motor vehicles (CMVs) in 
interstate commerce. The exemptions will enable these individuals to 
operate CMVs in interstate commerce.

DATES: The exemptions are effective February 23, 2010. The exemptions 
expire on February 23, 2012.

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: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov and/or Room W12-140 on the 
ground level of the West Building, 1200 New Jersey Avenue, SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.
    Privacy Act: Anyone may search the electronic form of all comments 
received into any of DOT's dockets by the name of the individual 
submitting the comment (or of the person signing the comment, if 
submitted on behalf of an association, business, labor union, or other 
entity). You may review DOT's complete Privacy Act Statement in the 
Federal Register (65 FR 19477, Apr. 11, 2000). This statement is also 
available at http://www.regulations.gov.

Background

    On December 22, 2009, FMCSA published a notice of receipt of 
Federal diabetes exemption applications from twenty-four individuals 
and requested comments from the public (74 FR 68092). The public 
comment period closed on January 21, 2010 and one comment was received.
    FMCSA has evaluated the eligibility of the twenty-four 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 September 3, 2003 (68 FR 52441) Federal 
Register Notice in conjunction with the November 8, 2005 (70 FR 67777) 
Federal Register Notice provides the current protocol for allowing such 
drivers to operate CMVs in interstate commerce.
    These twenty-four applicants have had ITDM over a range of 1 to 42 
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 his/her 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).

[[Page 8183]]

    The qualifications and medical condition of each applicant were 
stated and discussed in detail in the December 22, 2009, Federal 
Register Notice 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 endocrinologists' medical opinion related to the 
ability of the driver to safely operate a CMV while using insulin.
    Consequently, FMCSA finds that in each case 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 it is 
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 
considered and discussed below.
    The Pennsylvania Department of Transportation expressed that it had 
reviewed the driving records for Joseph I. Kulp, Sr., and was in favor 
of granting a Federal diabetes exemption to him.

Conclusion

    Based upon its evaluation of the twenty-four exemption 
applications, FMCSA exempts, Daniel W. Boldra, Simon P. Bollin, Patrick 
J. Bukolt, Leonel L. Cantu, Jr., William J. Cobb, Jr., Wallace E. 
Conover, Daniel C. Druffel, Gregory J. Godley, Troy A. Gortmaker, 
Charles M. Griswold, Kenneth M. Ham, Justin R. Henneinke, William R. 
Huntley, Ricky G. Kile, Joseph I. Kulp, Sr., Paul J. Failla, Eric D. 
Larson, Kevin R. Mooney, Daniel D. Neale, Richard D. Preisser, Brian A. 
Schlieckau, Richard L. Sulzberger, Clayton F. Tapscott, Dirk VanStralen 
and Henry L. Waskow, 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: February 5, 2010.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-3562 Filed 2-22-10; 8:45 am]
BILLING CODE 4910-EX-P