Qualification of Drivers; Exemption Applications; Diabetes Mellitus, 32015-32016 [2011-13606]

Download as PDF Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Notices 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) Elimination of the requirement for 3 years of experience operating CMVs while being treated with insulin; and (2) 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. The 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 notice in the Federal Register on November 8, 2005 (70 FR 67777), remain in effect. Issued on: May 20, 2011. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2011–13604 Filed 6–1–11; 8:45 am] BILLING CODE P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration emcdonald on DSK2BSOYB1PROD with NOTICES Qualification of Drivers; Exemption Applications; Diabetes Mellitus Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. AGENCY: 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. 16:40 Jun 01, 2011 Jkt 223001 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 Privacy Act Statement for the Federal Docket Management System (FDMS) published in the Federal Register on January 17, 2008 (73 FR 3316), or you may visit https://edocket.access.gpo.gov/ 2008/pdf/E8-785.pdf. Background [FMCSA Docket No. FMCSA–2011–0080] VerDate Mar<15>2010 FMCSA announces its decision to exempt twenty-three individuals from its rule prohibiting persons with insulin-treated diabetes mellitus (ITDM) from operating commercial motor vehicles (CMVs) in interstate commerce. The exemptions will enable these individuals to operate CMVs in interstate commerce. DATES: The exemptions are effective June 2, 2011. The exemptions expire on June 3, 2013. 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: SUMMARY: On April 11, 2011, FMCSA published a notice of receipt of Federal diabetes exemption applications from twentythree individuals and requested comments from the public (76 FR 20073). The public comment period closed on May 11, 2011 and no comments were received. FMCSA has evaluated the eligibility of the twenty-three 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 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 32015 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 drivers with diabetes 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-three applicants have had ITDM over a range of 1 to 31 years. These applicants report no severe hypoglycemic reactions resulting in loss of consciousness or seizure, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning symptoms, in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the past 5 years. In each case, an endocrinologist verified that the driver has demonstrated a willingness to properly monitor and manage his/her diabetes mellitus, 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 April 11, 2011, Federal Register notice and they will not be repeated in this notice. Discussion of Comment FMCSA did not receive any comments in this proceeding. E:\FR\FM\02JNN1.SGM 02JNN1 32016 Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Notices 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 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. emcdonald on DSK2BSOYB1PROD with NOTICES Conclusion Based upon its evaluation of the twenty-three exemption applications, FMCSA exempts, Donovan A. Bloomfield, Kyle T. Brewer, Rastus A. Bryant, Jr., Daniel J. Cahalan, Bill R. Dubson, Paul C. Farley, Daniel E. Farmer, C. Shawn Fox, Brad S. Gray, Ken M. Jorgenson, Troy M. Keller, VerDate Mar<15>2010 16:40 Jun 01, 2011 Jkt 223001 Edmund D. Kilmartin, III., Lonnie L. Little, Michael G. Moseley, William M. Munn, Jeffrey M. Sandler, Donald R. Sine, Jr., Edward C. Sinkhorn, Jr., Wanda S. Sloan, John C. Stephens, Francisco M. Torres, Dale R. Walton and Mark H. Wilcox 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: May 20, 2011. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2011–13606 Filed 6–1–11; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2005–23238; FMCSA–2006–25246; FMCSA–2008– 0106; FMCSA–2009–0086] Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration (FMCSA), DOT. AGENCY: Notice of renewal of exemptions; request for comments. ACTION: FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 18 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. SUMMARY: PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 This decision is effective June 12, 2011. Comments must be received on or before July 5, 2011. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) numbers: FMCSA– 2005–23238; FMCSA–2006–25246; FMCSA–2008–0106; FMCSA–2009– 0086, 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 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. Instructions: Each submission must include the Agency name and the docket number 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 Federal Docket Management System (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 DOT’s Privacy Act Statement for the FDMS published in the Federal Register on January 17, 2008 (73 FR 3316), or you may visit https://edocket.access.gpo.gov/2008/pdf/ E8-785.pdf. FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical DATES: E:\FR\FM\02JNN1.SGM 02JNN1

Agencies

[Federal Register Volume 76, Number 106 (Thursday, June 2, 2011)]
[Notices]
[Pages 32015-32016]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13606]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2011-0080]


Qualification of Drivers; Exemption Applications; Diabetes 
Mellitus

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

ACTION: Notice of final disposition.

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

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

DATES: The exemptions are effective June 2, 2011. The exemptions expire 
on June 3, 2013.

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 Privacy Act Statement for the Federal 
Docket Management System (FDMS) published in the Federal Register on 
January 17, 2008 (73 FR 3316), or you may visit https://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

Background

    On April 11, 2011, FMCSA published a notice of receipt of Federal 
diabetes exemption applications from twenty-three individuals and 
requested comments from the public (76 FR 20073). The public comment 
period closed on May 11, 2011 and no comments were received.
    FMCSA has evaluated the eligibility of the twenty-three 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 drivers with diabetes 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-three applicants have had ITDM over a range of 1 to 31 
years. These applicants report no severe hypoglycemic reactions 
resulting in loss of consciousness or seizure, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning symptoms, in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the past 5 years. 
In each case, an endocrinologist verified that the driver has 
demonstrated a willingness to properly monitor and manage his/her 
diabetes mellitus, 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 April 11, 2011, Federal Register 
notice and they will not be repeated in this notice.

Discussion of Comment

    FMCSA did not receive any comments in this proceeding.

[[Page 32016]]

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.

Conclusion

    Based upon its evaluation of the twenty-three exemption 
applications, FMCSA exempts, Donovan A. Bloomfield, Kyle T. Brewer, 
Rastus A. Bryant, Jr., Daniel J. Cahalan, Bill R. Dubson, Paul C. 
Farley, Daniel E. Farmer, C. Shawn Fox, Brad S. Gray, Ken M. Jorgenson, 
Troy M. Keller, Edmund D. Kilmartin, III., Lonnie L. Little, Michael G. 
Moseley, William M. Munn, Jeffrey M. Sandler, Donald R. Sine, Jr., 
Edward C. Sinkhorn, Jr., Wanda S. Sloan, John C. Stephens, Francisco M. 
Torres, Dale R. Walton and Mark H. Wilcox 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: May 20, 2011.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2011-13606 Filed 6-1-11; 8:45 am]
BILLING CODE 4910-EX-P
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