80 FR 24313 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 80, Issue 83 (April 30, 2015)
Federal Motor Carrier Safety Administration
Federal Register Volume 80, Issue 83 (April 30, 2015)
| Page Range | 24313-24314 | |
| FR Document | 2015-10070 |
[Federal Register Volume 80, Number 83 (Thursday, April 30, 2015)] [Notices] [Pages 24313-24314] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-10070] [[Page 24313]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA-2014-0313] Qualification of Drivers; Exemption Applications; Diabetes Mellitus AGENCY: Federal Motor Carrier Safety Administration, DOT. ACTION: Notice of final disposition. ----------------------------------------------------------------------- SUMMARY: FMCSA confirms its decision to exempt 78 individuals from its rule prohibiting persons with insulin-treated diabetes mellitus (ITDM) from operating commercial motor vehicles (CMVs) in interstate commerce. The exemptions enable these individuals to operate CMVs in interstate commerce. DATES: The exemptions were effective on March 24, 2015. The exemptions expire on March 24, 2017. FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director, Carrier, Driver and Vehicle Safety Standards, (202) 366-4001, [email protected], 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: I. 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: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy. II. Background On February 19, 2015, FMCSA published a notice of receipt of Federal diabetes exemption applications from 78 individuals and requested comments from the public (80 FR 8629). The public comment period closed on March 23, 2015, and two comments were received. FMCSA has evaluated the eligibility of the 78 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 requirement for diabetes in 1970 because several risk studies indicated that drivers with diabetes 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 78 applicants have had ITDM over a range of one to 45 years. These applicants report no severe hypoglycemic reactions resulting in loss of consciousness or seizure, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning symptoms, in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the past 5 years. In each case, an endocrinologist verified that the driver has demonstrated a 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 requirement at 49 CFR 391.41(b)(10). The qualifications and medical condition of each applicant were stated and discussed in detail in the February 19, 2015, Federal Register notice and they will not be repeated in this notice. III. Discussion of Comments FMCSA received two comments in this proceeding. The comments are discussed below. An anonymous commenter stated he or she believes that it is discriminatory for truck driving schools and employers to disqualify applicants due to insulin-dependent diabetes and other medications they may take. Gabriel Villa stated she believes all of the drivers listed in this notices should be granted an exemption since they have received their endocrinologist's approval. IV. Basis for Exemption Determination Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the diabetes requirement 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 requirement in 49 CFR 391.41(b)(3) is likely to achieve a level of safety equal to that existing without the exemption. V. 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 [[Page 24314]] 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. VI. Conclusion Based upon its evaluation of the 78 exemption applications, FMCSA exempts the following drivers from the diabetes requirement in 49 CFR 391.41(b)(10), subject to the requirements cited above 949 CFR 391.64(b)): Timothy R. Adkins (KY) John Angelesco, III (MA) Matthew D. Anthony (MN) Daniel S. Arke (HI) Raul Arlequin, Jr. (NJ) Dale A. Bahr (WI) Darren E. Barrett (TX) Chad W. Beeman (NY) William W. Bell III (VT) Jeffrey S. Bohle (IA) Bradley T. Boyd (IA) Bradley M. Brauer (NE) Gary W. Brendel (NY) Thomas Browning (PA) Kell D. Busby, Jr. (MI) Norman W. Camp (TN) Rafael B. Castillo (NJ) Camille M. Converse-Smith (WI) Zachary D. Craig (ND) Terry R. Darnall (IL) Raymond W. Dropps (MN) Curtis W. Fox (IN) William H. Geiselhart, Jr. (PA) Darrel G. Goetz (MO) Chris S. Hammack (CO) James P. Hancock, Jr. (PA) Donald S. Hanson (MN) Michael Hasley (AR) Gene A. Heibult (SD) Ronald R. Herrington (WV) Jay H. Hess (PA) Kevin L. Holmes (IL) Claude E. Hoskins (WA) Brian L. Hughes (PA) Ulysses Jones, II (IN) Sean M. Jordan (PA) Steven N. Kemp (TX) Tracy A. Knake (IA) Cory D. Knowles (TN) Eric J. Kuster (IA) Daniel J. Lacroix (MA) Robert E. Lane (IN) James D. Langer (WI) Jason C. Lewis (MD) Corey A. Maas (KS) James P. MacDonald (MA) Michael T. Markowitz (IL) Timothy D. Maxson (NY) Roger McDonald (UT) Cuy D. McGuire (MD) Roy A. Montalvan (PA) William M. Nafus (PA) Harold L. Overholtzer (PA) Pandy T. Perry (VA) Justin M. Powell (NC) Jackie Riley (NC) Rudy A. Rodriguez (OR) R.N. Schoonmaker (NY) Philip M. Schopp (MO) Andrew T. Segetti (CT) Roger L. Shones (MN) William L. Sirabella (RI) Ronald D. Strobo (FL) Rodney H. Swartz John S. Tingley (VT) David A. Tipps (IL) Keith J. Tschetter (ND) Sean E. Twohig (NY) Robert A. Wais (NY) Ashley D. Waite (VT) Jimmie W. Ward (NC) Michael R. Waskow (WI) Brent J. Weber (CO) James B. Westphal (WI) Nathan L. Wilkerson (UT) John A. Winquist (SD) Robert J. Wyand (NY) Michael E. Zincone (RI) In accordance with 49 U.S.C. 31136(e) and 31315 each exemption is valid for two years unless revoked earlier by FMCSA. The exemption will be revoked if the following occurs: (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: April 20, 2015. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2015-10070 Filed 4-29-15; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 80, No. 83 / Thursday, April 30, 2015 / Notices 24313
DEPARTMENT OF TRANSPORTATION 23, 2015, and two comments were and discussed in detail in the February
received. 19, 2015, Federal Register notice and
Federal Motor Carrier Safety FMCSA has evaluated the eligibility they will not be repeated in this notice.
Administration of the 78 applicants and determined that
granting the exemptions to these III. Discussion of Comments
[FMCSA Docket No. FMCSA–2014–0313] FMCSA received two comments in
individuals would achieve a level of
safety equivalent to or greater than the this proceeding. The comments are
Qualification of Drivers; Exemption
level that would be achieved by discussed below.
Applications; Diabetes Mellitus
complying with the current regulation An anonymous commenter stated he
AGENCY: Federal Motor Carrier Safety 49 CFR 391.41(b)(3). or she believes that it is discriminatory
Administration, DOT. for truck driving schools and employers
Diabetes Mellitus and Driving to disqualify applicants due to insulin-
ACTION: Notice of final disposition. Experience of the Applicants dependent diabetes and other
SUMMARY: FMCSA confirms its decision The Agency established the current medications they may take.
to exempt 78 individuals from its rule requirement for diabetes in 1970 Gabriel Villa stated she believes all of
prohibiting persons with insulin-treated because several risk studies indicated the drivers listed in this notices should
diabetes mellitus (ITDM) from operating that drivers with diabetes had a higher be granted an exemption since they
commercial motor vehicles (CMVs) in rate of crash involvement than the have received their endocrinologist’s
interstate commerce. The exemptions general population. The diabetes rule approval.
enable these individuals to operate provides that ‘‘A person is physically
qualified to drive a commercial motor IV. Basis for Exemption Determination
CMVs in interstate commerce.
vehicle if that person has no established Under 49 U.S.C. 31136(e) and 31315,
DATES: The exemptions were effective
medical history or clinical diagnosis of FMCSA may grant an exemption from
on March 24, 2015. The exemptions
diabetes mellitus currently requiring the diabetes requirement in 49 CFR
expire on March 24, 2017.
insulin for control’’ (49 CFR 391.41(b)(3) if the exemption is likely to
FOR FURTHER INFORMATION CONTACT: 391.41(b)(3)). achieve an equivalent or greater level of
Charles A. Horan, III, Director, Carrier, FMCSA established its diabetes safety than would be achieved without
Driver and Vehicle Safety Standards, exemption program, based on the the exemption. The exemption allows
(202) 366–4001, fmcsamedical@dot.gov, Agency’s July 2000 study entitled ‘‘A the applicants to operate CMVs in
FMCSA, Room W64–224, Department of Report to Congress on the Feasibility of interstate commerce.
Transportation, 1200 New Jersey a Program to Qualify Individuals with To evaluate the effect of these
Avenue SE., Washington, DC 20590– Insulin-Treated Diabetes Mellitus to exemptions on safety, FMCSA
0001. Office hours are from 8:30 a.m. to Operate in Interstate Commerce as considered medical reports about the
5 p.m., Monday through Friday, except Directed by the Transportation Act for applicants’ ITDM and vision, and
Federal holidays. the 21st Century.’’ The report concluded reviewed the treating endocrinologists’
SUPPLEMENTARY INFORMATION: that a safe and practicable protocol to medical opinion related to the ability of
allow some drivers with ITDM to the driver to safely operate a CMV while
I. Electronic Access
operate CMVs is feasible. The using insulin.
You may see all the comments online September 3, 2003 (68 FR 52441), Consequently, FMCSA finds that in
through the Federal Document Federal Register notice in conjunction each case exempting these applicants
Management System (FDMS) at: http:// with the November 8, 2005 (70 FR from the diabetes requirement in 49 CFR
www.regulations.gov. 67777), Federal Register notice provides 391.41(b)(3) is likely to achieve a level
Docket: For access to the docket to the current protocol for allowing such of safety equal to that existing without
read background documents or drivers to operate CMVs in interstate the exemption.
comments, go to http:// commerce.
www.regulations.gov and/or Room These 78 applicants have had ITDM V. Conditions and Requirements
W12–140 on the ground level of the over a range of one to 45 years. These The terms and conditions of the
West Building, 1200 New Jersey Avenue applicants report no severe exemption will be provided to the
SE., Washington, DC, between 9 a.m. hypoglycemic reactions resulting in loss applicants in the exemption document
and 5 p.m., Monday through Friday, of consciousness or seizure, requiring and they include the following: (1) That
except Federal holidays. the assistance of another person, or each individual submit a quarterly
Privacy Act: In accordance with 5 resulting in impaired cognitive function monitoring checklist completed by the
U.S.C. 553(c), DOT solicits comments that occurred without warning treating endocrinologist as well as an
from the public to better inform its symptoms, in the past 12 months and no annual checklist with a comprehensive
rulemaking process. DOT posts these recurrent (2 or more) severe medical evaluation; (2) that each
comments, without edit, including any hypoglycemic episodes in the past 5 individual reports within 2 business
personal information the commenter years. In each case, an endocrinologist days of occurrence, all episodes of
provides, to www.regulations.gov, as verified that the driver has severe hypoglycemia, significant
described in the system of records demonstrated a willingness to properly complications, or inability to manage
notice (DOT/ALL–14 FDMS), which can monitor and manage his/her diabetes diabetes; also, any involvement in an
be reviewed at www.dot.gov/privacy. mellitus, received education related to accident or any other adverse event in
mstockstill on DSK4VPTVN1PROD with NOTICES
diabetes management, and is on a stable a CMV or personal vehicle, whether or
II. Background not it is related to an episode of
insulin regimen. These drivers report no
On February 19, 2015, FMCSA other disqualifying conditions, hypoglycemia; (3) that each individual
published a notice of receipt of Federal including diabetes-related provide a copy of the ophthalmologist’s
diabetes exemption applications from complications. Each meets the vision or optometrist’s report to the medical
78 individuals and requested comments requirement at 49 CFR 391.41(b)(10). examiner at the time of the annual
from the public (80 FR 8629). The The qualifications and medical medical examination; and (4) that each
public comment period closed on March condition of each applicant were stated individual provide a copy of the annual
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![24314 Federal Register / Vol. 80, No. 83 / Thursday, April 30, 2015 / Notices
medical certification to the employer for William M. Nafus (PA) comment on the proposed collection of
retention in the driver’s qualification Harold L. Overholtzer (PA) certain information by the Agency.
file, or keep a copy in his/her driver’s Pandy T. Perry (VA) Under the Paperwork Reduction Act of
qualification file if he/she is self- Justin M. Powell (NC) 1995 (the PRA), Federal Agencies are
employed. The driver must also have a Jackie Riley (NC) required to publish a notice in the
copy of the certification when driving, Rudy A. Rodriguez (OR) Federal Register concerning each
for presentation to a duly authorized R.N. Schoonmaker (NY) proposed collection of information and
Federal, State, or local enforcement Philip M. Schopp (MO) to allow 60 days for public comment in
official. Andrew T. Segetti (CT) response to the notice. This notice
Roger L. Shones (MN) solicits comments on an information
VI. Conclusion
William L. Sirabella (RI) collection supporting Driver Distraction
Based upon its evaluation of the 78 Ronald D. Strobo (FL) Measurement Research.
exemption applications, FMCSA Rodney H. Swartz DATES: Comments must be received on
exempts the following drivers from the John S. Tingley (VT) or before June 29, 2015.
diabetes requirement in 49 CFR David A. Tipps (IL)
ADDRESSES: You may submit comments
391.41(b)(10), subject to the Keith J. Tschetter (ND)
requirements cited above 949 CFR using any of the following methods:
Sean E. Twohig (NY)
391.64(b)): Electronic submissions: Go to http://
Robert A. Wais (NY)
www.regulations.gov. Follow the online
Timothy R. Adkins (KY) Ashley D. Waite (VT)
instructions for submitting comments.
John Angelesco, III (MA) Jimmie W. Ward (NC)
Mail: Docket Management Facility,
Matthew D. Anthony (MN) Michael R. Waskow (WI)
M–30, U.S. Department of
Daniel S. Arke (HI) Brent J. Weber (CO)
Transportation, West Building, Ground
Raul Arlequin, Jr. (NJ) James B. Westphal (WI)
Floor, 1200 New Jersey Ave. SE., Room
Dale A. Bahr (WI) Nathan L. Wilkerson (UT)
Darren E. Barrett (TX) W12–140, Washington, DC 20590.
John A. Winquist (SD)
Chad W. Beeman (NY) Hand Delivery: West Building Ground
Robert J. Wyand (NY)
William W. Bell III (VT) Floor, Room W12–140, 1200 New Jersey
Michael E. Zincone (RI)
Jeffrey S. Bohle (IA) Avenue SE., Washington, DC, between 9
In accordance with 49 U.S.C. 31136(e)
Bradley T. Boyd (IA) a.m. and 5 p.m., Monday through
and 31315 each exemption is valid for
Bradley M. Brauer (NE) Friday, except Federal holidays. Fax:
two years unless revoked earlier by
Gary W. Brendel (NY) (202) 493–2251.
FMCSA. The exemption will be revoked
Thomas Browning (PA) Instructions: Each submission must
if the following occurs: (1) The person
Kell D. Busby, Jr. (MI) include the Agency name and the
fails to comply with the terms and
Norman W. Camp (TN) Docket number for this Notice. Note that
conditions of the exemption; (2) the
Rafael B. Castillo (NJ) all comments received will be posted
exemption has resulted in a lower level
Camille M. Converse-Smith (WI) without changes to http://
of safety than was maintained before it
Zachary D. Craig (ND) www.regulations.gov including any
was granted; or (3) continuation of the
Terry R. Darnall (IL) personal information provided.
exemption would not be consistent with
Raymond W. Dropps (MN) the goals and objectives of 49 U.S.C. FOR FURTHER INFORMATION CONTACT:
Curtis W. Fox (IN) 31136(e) and 31315. If the exemption is Elizabeth Mazzae, Applied Crash
William H. Geiselhart, Jr. (PA) still effective at the end of the 2-year Avoidance Research Division, Vehicle
Darrel G. Goetz (MO) period, the person may apply to FMCSA Research and Test Center, NHTSA,
Chris S. Hammack (CO) for a renewal under procedures in effect 10820 State Route 347—Bldg. 60, East
James P. Hancock, Jr. (PA) at that time. Liberty, Ohio 43319; Telephone (937)
Donald S. Hanson (MN) 666–4511; Facsimile: (937) 666–3590;
Michael Hasley (AR) Issued on: April 20, 2015.
email address: elizabeth.mazzae@
Gene A. Heibult (SD) Larry W. Minor, dot.gov.
Ronald R. Herrington (WV) Associate Administrator for Policy.
Jay H. Hess (PA) [FR Doc. 2015–10070 Filed 4–29–15; 8:45 am]
SUPPLEMENTARY INFORMATION: Under the
Kevin L. Holmes (IL) Paperwork Reduction Act of 1995 (44
BILLING CODE 4910–EX–P
Claude E. Hoskins (WA) U.S.C. 3501–3520), before an agency
Brian L. Hughes (PA) submits a proposed collection of
Ulysses Jones, II (IN) DEPARTMENT OF TRANSPORTATION information to OMB for approval, it
Sean M. Jordan (PA) must first publish a document in the
Steven N. Kemp (TX) National Highway Traffic Safety Federal Register providing a 60-day
Tracy A. Knake (IA) Administration comment period and otherwise consult
Cory D. Knowles (TN) with members of the public and affected
[Docket No. NHTSA–xxxx–xxxx] agencies concerning each proposed
Eric J. Kuster (IA)
Daniel J. Lacroix (MA) collection of information. The OMB has
Reports, Forms, and Record Keeping
Robert E. Lane (IN) promulgated regulations describing
Requirements
James D. Langer (WI) what must be included in such a
mstockstill on DSK4VPTVN1PROD with NOTICES
Jason C. Lewis (MD) AGENCY: National Highway Traffic document. Under OMB’s regulation (at
Corey A. Maas (KS) Safety Administration (NHTSA), 5 CFR 1320.8(d), an agency must ask for
James P. MacDonald (MA) Department of Transportation (DOT). public comment on the following:
Michael T. Markowitz (IL) ACTION: Notice. (i) Whether the proposed collection of
Timothy D. Maxson (NY) information is necessary for the proper
Roger McDonald (UT) SUMMARY: The National Highway Traffic performance of the functions of the
Cuy D. McGuire (MD) Safety Administration (NHTSA) is agency, including whether the
Roy A. Montalvan (PA) announcing an opportunity for public information will have practical utility;
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Document Created: 2018-02-21 10:15:02
Document Modified: 2018-02-21 10:15:02
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of final disposition. | |
| Dates | The exemptions were effective on March 24, 2015. The exemptions expire on March 24, 2017. | |
| Contact | Charles A. Horan, III, Director, Carrier, Driver and Vehicle Safety Standards, (202) 366-4001, [email protected], 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. | |
| FR Citation | 80 FR 24313 |
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