Qualifications of Drivers; Exemption Applications; Diabetes; Withdrawal of Notices of Final Disposition

Raymond P. Martinez
Federal Motor Carrier Safety Administration
21 February 2019

[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 fmcsamedical@dot.gov. 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]
BILLING CODE 4910-EX-P