Additional Comments of the American Diabetes Association Docket No. FMCSA-2001-9800 February 4, 2002
The American Diabetes Association (“Association”) submits these additional comments in response to the January 3, 2002 notice by the Federal Motor Carrier Safety Administration (FMCSA) to reopen the public comment period on its proposal to issue exemptions from the blanket prohibition against individuals who use insulin to treat their diabetes currently contained in Part 391 of the Federal Motor Carrier Safety Regulations. This regulation governs the medical qualifications for drivers of commercial motor vehicles (CMVs) in interstate commerce, and currently makes it impossible for anyone who controls their diabetes with insulin to obtain a commercial driver’s license (CDL) for interstate operations.
During the original comment period, which lasted from July 31, 2001, to October 1, 2001, the Association submitted extensive comments. With the comment period having been reopened on January 3, 2002, this document is intended to supplement the Association’s original comments.
In general, the Association applauds FMCSA for advancing a proposal to end the current blanket ban that prevents anyone with insulin-treated diabetes from obtaining a CDL. The Association does not believe that every person with insulin-treated diabetes should automatically qualify for a CDL, and supports most aspects of the proposed protocol
including almost qualified to drive driving, and the
all of the very stringent assessment to determine if a person is medically a commercial motor vehicle, the specific requirements for monitoring and
Association very strongly believes that the proposed program fails to achieve setting up a practicable protocol for individual assessment by unnecessarily requirement that applicants must have driven a commercial motor vehicle insulin for the three years immediately preceding an application.1
the goal of including a while using
The Original Comment Period
The original comment period closed on October 1, 2001. The Association was pleased to see overwhelming and broad support for eliminating the blanket prohibition, as well as significant opposition to the three-year rule. The diversity of the respondents expressing
1 The Association’s opposition to the three-year requirement encompasses the requirement that an applicant possess “a valid intrastate CDL or a license (non-CDL) to operate a CMV” in order to qualify for this exemption program, found in the Applicant Information supporting documentation section (1), as well the requirement in section (2) regarding actual operation of a commercial motor vehicle – as the former requirement is merely a subset of the latter. Together these requirements prevent the vast majority of applicants who would be safe drivers from being qualified for this exemption program. Both provisions should be eliminated.