[Federal Register Volume 84, Number 35 (Thursday, February 21, 2019)]
[Notices]
[Pages 5549-5550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02967]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2001-9800]
Qualifications of Drivers; Exemption Applications; Diabetes;
Withdrawal of Notices of Final Disposition
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of withdrawal of 2003 and 2005 final disposition notices
for the diabetes exemption program.
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SUMMARY: FMCSA withdraws its September 3, 2003, notice concerning
exemptions for certain individuals with insulin-treated diabetes
mellitus (ITDM) and its November 8, 2005, revision. This action is in
response to the Qualifications of Drivers; Diabetes Standard final
rule, published on September 19, 2018, which revised the physical
qualifications standard for ITDM individuals who wish to operate
commercial motor vehicles (CMVs) in interstate commerce. The revised
standard allows certified medical examiners, in consultation with the
treating clinician, to evaluate and determine whether to grant an ITDM
individual a medical examiner's certificate (MEC) to drive a CMV in
interstate commerce. FMCSA has determined, therefore, that an exemption
program for ITDM individuals is no longer necessary.
DATES: This notice is applicable February 21, 2019.
FOR FURTHER INFORMATION CONTACT: Ms. Christine Hydock, Chief, Medical
Programs Division, Federal Motor Carrier Safety Administration, 1200
New Jersey Avenue SE, Washington, DC 20590-0001, by telephone at (202)
366-4001, or by email at [email protected]. If you have questions on
viewing material in the docket, contact Docket Services, telephone
(202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Background
Since 1970, 49 CFR 391.41(b)(3) prohibited ITDM individuals from
operating CMVs. On September 3, 2003, FMCSA announced that the Agency
would begin authorizing exemptions from 49 CFR 391.41(b)(3) for certain
ITDM individuals (68 FR 52441). Section 31315(b)(2) of 49 U.S.C. allows
the Agency to grant exemptions for a 2-year period and to renew them at
the end of the period.\1\ The 2003 notice of final disposition outlined
the requirements for ITDM individuals to apply for an exemption, and
the considerations FMCSA would apply in determining whether to grant
such applications in accordance with the statute and the provisions of
49 CFR part 381, subpart C. It addressed the requirements to renew
exemptions and the considerations that would be used by the Agency to
determine whether to renew an exemption once issued. It also set out
the circumstances that would require revocation of an exemption.
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\1\ At the time, the statute limited exemptions to 2 years. The
statute was subsequently amended to allow exemptions for up to 5
years, but, as a practical matter, diabetes exemptions have been
limited to 2 years.
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In response to the enactment of section 4129(a) through (c) of the
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (SAFETEA-LU) (Pub. L. 109-59, 119 Stat. 1144, 1742,
Aug. 10, 2005), the Agency revised certain considerations for such
exemptions on November 8, 2005 (70 FR 67777).
On September 19, 2018, the Agency published a final rule revising
the physical qualification standard for operators of CMVs with ITDM (83
FR 47486). As of September 19, 2018, there were 4,719 ITDM drivers who
held Federal diabetes exemptions. While the exemption program provides
a pathway to medical certification for ITDM individuals who otherwise
meet the physical qualifications standards of 49 CFR 391.41(b), the
amended diabetes standard provides a less burdensome approach that
emphasizes individualized assessment and utilizes the treating
clinician of the ITDM individual to assist the certified medical
examiner in making the certification determination. Detailed
explanations of the process for complying with the new physical
qualification requirements are included in the preamble to the final
rule published on September 19, 2018.
II. Transition From Exemption Program to the New Standard
The withdrawal of the 2003 and 2005 program notices is applicable
February 21, 2019. Individuals could begin the process of obtaining
MECs following the new streamlined process on November 19, 2018.
A. Existing Diabetes Exemption Holders
Diabetes exemptions under the program are issued for 2 years, but
exemption holders must be medically certified by a certified medical
examiner and issued an MEC annually. Any MEC that was obtained under an
exemption and was in effect when the final rule became effective on
November 19, 2018, will remain in effect until the MEC expires or is
replaced by an MEC issued under the new standard. Prior to its
expiration, a new MEC must be issued under the new standard to operate
a CMV. FMCSA will direct certified medical examiners to cease issuing
MECs under the exemption program on or after the date of this
withdrawal notice.
Beginning November 19, 2018, exemption holders could begin the
process of obtaining certification under the new standard. This
requires being evaluated by a treating clinician who must complete an
Insulin-Treated Diabetes Mellitus Assessment Form, MCSA-5870, which is
available on the Agency's website, and then obtaining a medical
certification examination by a certified medical examiner. Existing
diabetes exemption holders should have adequate time to comply with the
provisions of the final rule before their current MECs expire.
Obtaining certification under the new standard should be much less
burdensome in terms of both time and resources than the lengthy process
of applying for and maintaining an exemption.
B. State Driver Licensing Agencies and Variances
When an ITDM individual obtains an MEC under the new standard, it
will not be necessary for the certified medical examiner to indicate on
the MEC that certification is made consistent with the terms of an
exemption (unless other exemptions are involved) because a diabetes
exemption is no longer required to operate a CMV. Therefore, in the
case of an ITDM individual holding a commercial driver's license or a
commercial learner's permit, it will not be necessary for a State
Driver Licensing Agency to receive and post the information about such
a medical variance on the individual's Commercial Driver's License
Information System (CDLIS) record (see 49 CFR 383.73(o)).
[[Page 5550]]
Issued on: February 13, 2019.
Raymond P. Martinez,
Administrator.
[FR Doc. 2019-02967 Filed 2-20-19; 8:45 am]
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