
[Federal Register: May 17, 2010 (Volume 75, Number 94)]
[Notices]
[Page 27616-27617]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17my10-114]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2009-0322]


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 fifty-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: Effective date: The exemptions are effective May 17, 2010.
Expiration date: The exemptions expire on Thursday, May 17, 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 March 22, 2010, FMCSA published a Notice of receipt of Federal
diabetes exemption applications from fifty-three individuals and
requested comments from the public (75 FR 13647). The public comment
period closed on April 21, 2010, and one comment was received.
    FMCSA has evaluated the eligibility of the fifty-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 fifty-three applicants have had ITDM over a range of 1 to 53
years. These applicants report no

[[Page 27617]]

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 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 March 22, 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.
    The Pennsylvania Department of Transportation stated that it had
reviewed the driving records for Dale J. Cleaver, Edgar R. Pole and
Wayne F. Richards and was in favor of granting a Federal diabetes
exemption to each of these individuals.

Conclusion

    Based upon its evaluation of the fifty-three exemption
applications, FMCSA exempts Deanna R. Alvarado, Howard H. Armstrong,
Samuel D. Bentle, Mark S. Boettcher, Steven C. Boudreau, Charles
Boulware, Jr., Roy L. Brokaw, Chris D. Chambers, Charles A. Cinert,
Sr., John D. Clark, IV, Dale J. Cleaver, James H. Collins, William A.
Donais, Lance L. Fuller, Johnny Gardner, Jr., Gregory S. Ghent, Mark D.
Golden, Nathaniel W. Gorham, Younge W. Hooper, Eugene H. Johannes,
Reginald K. Johnson, Sheldon R. Koehn, David L. Kreitzer, Jason R.
Kropp, Joseph A. Laperle, David W. Letto, Robert D. Marquart, Francis
E. Martinez, Stephen A. Miles, Raymond A. Montoya, Adolfo Moreno, Jr.,
Chad D. Morrison, Kevin R. Murphy, Kenneth S. Napieralski, Lowell G.
Neumann, John T. Oliver, Jr., Steven G. Petersen, Edgar R. Polk, Damian
J. Porter, Robert W. Prabucki, Edward R. Ramm, Wayne F. Richards,
George H. Rollins, Jo Ellen Roshak, Gary G. Sironen, Rodney L.
Stoltenberg, David Switala, Stanley C. Tarvidas, Jim D. Thomas,
Florence E. Thompson, Joshua C. Thompson, Phillip M. Vinson and Camella
C. Wilkins 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 5, 2010.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-11706 Filed 5-14-10; 8:45 am]
BILLING CODE 4910-EX-P

