[Federal Register Volume 73, Number 200 (Wednesday, October 15, 2008)]
[Notices]
[Pages 61188-61190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24380]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2008-0175]


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 forty-seven 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 October 15, 2008. The exemptions 
expire on October 15, 2010.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical 
Programs, (202) 366-4001, <a href="/cdn-cgi/l/email-protection#0f69626c7c6e626a6b666c6e634f6b607b21686079"><span class="__cf_email__" data-cfemail="e2848f8191838f87868b81838ea2868d96cc858d94">[email protected]</span></a>, 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

[[Page 61189]]

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 19476, Apr. 11, 2000). This statement is also 
available at http://Docketsinfo.dot.gov.

Background

    On August 5, 2008, FMCSA published a notice announcing receipt of 
applications for exemption from the Federal diabetes standard from 
forty-seven individuals, and requested comments from the public (73 FR 
45519). The public comment period closed on September 4, 2008, and 
three comments were received.
    FMCSA has evaluated the eligibility of the forty-seven 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 (68 FR 52442) 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-seven applicants have had ITDM over a range of 1 to 46 
years. These applicants report no hypoglycemic reaction that resulted 
in loss of consciousness or seizure, that required the assistance of 
another person, or that 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 or her diabetes, received education related to 
diabetes management, and is on a stable insulin regimen. Each driver 
reports 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 August 5, 2008, Federal Register 
Notice (73 FR 45519). 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 submits to FMCSA 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 to FMCSA 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 three comments in this proceeding. Two of the 
comments were recommendations in favor of granting the Federal diabetes 
exemption to Mr. Tyree L. Murdock II. and Mr. Brian Wallisch. The third 
comment was also a recommendation in favor of granting Federal diabetes 
exemptions to individuals with ITDM.

Conclusion

    After considering the comments to the docket, and based upon its 
evaluation of the forty-seven exemption applications, FMCSA exempts, 
Robert V. Balmes, David R. Bauerdorf, Stephen R. Bortz, John A. 
Broeker, Daniel A. Brown, Floyd G. Burbach, Kenneth M. Brinker, Richard 
A. Bruyere, Randie L. Burrows, Scott R. Butler, Jay P. Cave, Jeffrey A. 
Clark, Terry C. Conwell, Steven M. French, Glennon E. Goetting, Philip 
P. Gray, John L. Hansen, Darin D. Harries, William E. Hollowell, Cindy 
L. Hushin-Brink, Steven L. Jensen, Mark A. Kabriel, Kevin K. Kimbro, 
Richard D. Knoche, Jonathan D. Koehn, Robert J. Lanczkowski, Terry G. 
Lindahl, Paula S. Lewis, Edward M. Mason, John M. McAuliffe, John A. 
McMurray, Kurt V. Miller, William W. Moffat, Tyree L. Murdock, II., 
Edward A. Ortega, David W. Payne, Richard Rodriguez, Scott D. Schultz, 
Daniel S. Sherman, Marvin R. Shipman, Mark W. Seem, Ricky Sirico, Daryl 
L. Vaughn, Brian K. Wallisch, Steven S. Whitt, Jr., Andrew A. Zizza, 
Mick B. Zoske, 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

[[Page 61190]]

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 25, 2008.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E8-24380 Filed 10-14-08; 8:45 am]
BILLING CODE 4910-EX-P


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