[Federal Register Volume 75, Number 127 (Friday, July 2, 2010)]
[Notices]
[Pages 38597-38598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-16222]



[[Page 38597]]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2010-0083]


Qualification of Drivers; Exemption Applications; Diabetes 
Mellitus

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

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to exempt thirty-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 July 2, 2010. The exemptions expire 
on July 2, 2012.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical 
Programs, (202) 366-4001, [email protected], 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 May 10, 2010, FMCSA published a Notice of receipt of Federal 
diabetes exemption applications from thirty-three individuals and 
requested comments from the public (75 FR 25919). The public comment 
period closed on June 9, 2010 and one comment was received.
    FMCSA has evaluated the eligibility of the thirty-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 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 thirty-three applicants have had ITDM over a range of 1 to 28 
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 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 May 10, 2010, Federal Register 
Notice and 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.

[[Page 38598]]

    Bethany Pisulak stated the following, ``I feel that it is in the 
best safety to look for possible downsides of these people being able 
to work. They need to be focused for a long time, meaning they may go 
awhile without food or drink, which could lower their sugars, making 
them need insulin. There should be multiple tests done to ensure that 
each worker is qualified for the job or position.''
    In response to this comment, FMCSA's exemption process supports 
drivers with ITDM who seek to operate in interstate commerce. In 
addition, FMCSA 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, drivers with ITDM 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

    Based upon its evaluation of the thirty-three exemption 
applications, FMCSA exempts, Spencer W. Alexander, Nelson Alvarez, Cody 
R. Anderson, Ronnie L. Barker, Eric D. Benham, Brian C. Blevins, 
Charles E. Bonner, Sr., Michael J. Brieske, Frederick Brown, William D. 
Elam, Jr., Devin S. Gibson, Lewis M. Hendershott, Mark E. Henning, 
Duane C. Jackson, John J. Long, Jerry A. McMurdy, Steven L. Miller, Joe 
E. Montoya, Jonathan A. Morisoli, Timothy J. Nowak, Lawrence W. 
Patterson, Jr., Peter J. Pendola, Frederick E. Robinson, Larry D. 
Schweisberger, Joseph C. Shaw, Michael Shuler, Kevin C. Simerick, 
Matthew E. Sipel, Michael S. Tanko, James P. Tomasik, Leonard D. 
Tournear, Booker T. Ware and Joseph H. Watkins, 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: June 25, 2010.
Larry W. Minor,
 Associate Administrator for Policy and Program Development.
[FR Doc. 2010-16222 Filed 7-1-10; 8:45 am]
BILLING CODE 4910-EX-P