80 FR 37716 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 80, Issue 126 (July 1, 2015)
Federal Motor Carrier Safety Administration
Federal Register Volume 80, Issue 126 (July 1, 2015)
| Page Range | 37716-37717 | |
| FR Document | 2015-16140 |
[Federal Register Volume 80, Number 126 (Wednesday, July 1, 2015)] [Notices] [Pages 37716-37717] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-16140] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA-2014-0315] Qualification of Drivers; Exemption Applications; Diabetes Mellitus AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. ----------------------------------------------------------------------- SUMMARY: FMCSA confirms its decision to exempt 73 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 May 8, 2015. The exemptions expire on May 8, 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 April 7, 2015, FMCSA published a notice of receipt of Federal diabetes exemption applications from 73 individuals and requested comments from the public (80 FR 18681). The public comment period closed on May 7, 2015, and two comments were received. FMCSA has evaluated the eligibility of the 73 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). III. 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 73 applicants have had ITDM over a range of one to 36 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 [[Page 37717]] 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 April 7, 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 addressed below. An anonymous commenter stated that allowing insulin-dependent drivers to operate CMVs in interstate commerce would increase safety as more experienced drivers would be allowed to drive. This is the purpose of the Diabetes Exemption Program. Charla Sloan, Transit Director of the KI BOIS Area Transit System in Oklahoma, stated that she believes insulin-dependent drivers should be allowed to operate CMVs in interstate commerce without an exemption. 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 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 73 exemption applications, FMCSA exempts the following drivers from the diabetes requirement in 49 CFR 391.41(b)(10), subject to the requirements cited above (49 CFR 391.64(b)): Tony W. Alonzo (TX) Rafael M. Alvarado (TX) Mark J. Avedisian (NY) Timothy J. Burke (MA) Eric E. Burton (TN) Roger D. Cassada (VA) Timothy W. Clark (OH) Leonard W. Cleaves (MA) Bruce Combs (OH) Larry A. Cramer (SD) Bradford A. Davies (ME) Larry A. DeSanno (OR) Robert S. Doering (IL) Michael L. Domarus (MN) Matthew G. Drabant (CO) Adan A. Espinoza (CA) Howard E. Fruehling (IA) Michael F. Gabbianelli (NJ) Christopher W. Geib (OH) Ernest W. Gibbs (VA) James E. Goins (NJ) Gregory J. Goodenbour (IA) Paul M. Gugerty, Jr. (IL) William F. Guttormsen (NJ) Michael D. Howell (NC) Curtis L. Hudson (SC) Mayer Indorsky (NY) Raymond J. Jacobs (NY) Lyle J. Kaehler (WI) Charles F. Kennedy (PA) Stephen P. Koons (PA) Curtis G. Kirchbaum (PA) Joseph A. Lahaderne (NY) Walter P. Leck (PA) Eric F. Leigh (IL) Alvin G. Madwatkins (NJ) Clayton B. Mathis (GA) John R. Mauney (NC) Derrell R. McCaskill (MD) Darrel F. McCoy, Jr. (MO) Eric O. McLamb (NC) William W. McPhee (MI) Michael S. Murray (IA) Benjamin M. Naastad (ND) Richard G. Niemi (WI) Kenthia E. Norfleet (AL) Donald M. Oakes (NH) Philip L. Orsi (NY) Robert E. Piernik (FL) Harold E. Pratt (MO) Jack C. Reed (NE) Fernando Rivera (IL) Timothy F. Rodehaver (OH) Robin R. Roth (MN) Lewis S. Russell (OR) William J. Schmidt (MN) Todd J. Schoeller (WI) Gary H. Schrot (WI) Ryan A. Snow (PA) Kevin L. Sundh (UT) William H. Terry (IN) Gary E. Tilson (VA) Duane K. Torlish, Jr. (NY) Ronald W. Truitt (PA) Timothy E. Vanderwiele (NY) Leo D. Vermeire (WA) Brian W. Walls (PA) Gary L. Webster (VT) Lance A. Wendinger (MN) Allan W. Widener (GA) Shane D. Wildoner (PA) Roy L. Woodbury (OK) Kyle A. Wright (WA) 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: June 23, 2015. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2015-16140 Filed 6-30-15; 8:45 am] BILLING CODE 4910-EX-P
![37716 Federal Register / Vol. 80, No. 126 / Wednesday, July 1, 2015 / Notices
recognize partners, projects, and Issued on: June 25, 2015. II. Background
processes that exemplify innovation and Michael Howell, On April 7, 2015, FMCSA published
commitment to the human environment, Information Collection Officer. a notice of receipt of Federal diabetes
and organization and process [FR Doc. 2015–16166 Filed 6–30–15; 8:45 am] exemption applications from 73
innovation. Awardees must make an BILLING CODE 4910–22–P individuals and requested comments
outstanding contribution that goes from the public (80 FR 18681). The
beyond traditional transportation public comment period closed on May
projects and that encourages DEPARTMENT OF TRANSPORTATION 7, 2015, and two comments were
environmental stewardship and
received.
partnerships to achieve a truly multi- Federal Motor Carrier Safety FMCSA has evaluated the eligibility
faceted, environmentally sensitive Administration of the 73 applicants and determined that
transportation solution.
granting the exemptions to these
Award: Anyone can nominate a [FMCSA Docket No. FMCSA–2014–0315]
project, process, person or group that individuals would achieve a level of
has used FHWA funding sources to safety equivalent to or greater than the
Qualification of Drivers; Exemption level that would be achieved by
make an outstanding contribution to Applications; Diabetes Mellitus
transportation and the environment. complying with the current regulation
The nominator is responsible for AGENCY: Federal Motor Carrier Safety 49 CFR 391.41(b)(3).
submitting an application via the FHWA Administration (FMCSA), DOT. III. Diabetes Mellitus and Driving
Environmental Excellence Awards Web ACTION: Notice of final disposition. Experience of the Applicants
site that gives a summary of the
SUMMARY: FMCSA confirms its decision The Agency established the current
outstanding accomplishments of the
to exempt 73 individuals from its rule requirement for diabetes in 1970
entry. The collected information will be
prohibiting persons with insulin-treated because several risk studies indicated
used by FHWA to evaluate the project,
diabetes mellitus (ITDM) from operating that drivers with diabetes had a higher
showcase environmental excellence,
and enhance the public’s knowledge of commercial motor vehicles (CMVs) in rate of crash involvement than the
environmental stewardship in the interstate commerce. The exemptions general population. The diabetes rule
planning and project development enable these individuals to operate provides that ‘‘A person is physically
process. Nominations will be reviewed CMVs in interstate commerce. qualified to drive a commercial motor
by a panel of judges from varying vehicle if that person has no established
DATES: The exemptions were effective
backgrounds. It is anticipated that medical history or clinical diagnosis of
on May 8, 2015. The exemptions expire diabetes mellitus currently requiring
awards will be given every 2 years. The on May 8, 2017.
winners are presented plaques at an insulin for control’’ (49 CFR
FOR FURTHER INFORMATION CONTACT: 391.41(b)(3)).
awards ceremony. Charles A. Horan, III, Director, Carrier,
Respondents: Anyone who has used FMCSA established its diabetes
Driver and Vehicle Safety Standards, exemption program, based on the
FHWA funding sources in the 50 States,
(202) 366–4001, fmcsamedical@dot.gov, Agency’s July 2000 study entitled ‘‘A
U.S. territories, and the District of
FMCSA, Room W64–224, Department of Report to Congress on the Feasibility of
Columbia.
Frequency: The information will be Transportation, 1200 New Jersey a Program to Qualify Individuals with
collected biennially. Avenue SE., Washington, DC 20590– Insulin-Treated Diabetes Mellitus to
Estimated Average Burden per 0001. Office hours are from 8:30 a.m. to Operate in Interstate Commerce as
Response: 8 hours per respondent per 5 p.m., Monday through Friday, except Directed by the Transportation Act for
application. Federal holidays. the 21st Century.’’ The report concluded
Estimated Total Annual Burden SUPPLEMENTARY INFORMATION: that a safe and practicable protocol to
Hours: It is expected that the allow some drivers with ITDM to
I. Electronic Access
respondents will complete operate CMVs is feasible. The
approximately 150 applications for an You may see all the comments online September 3, 2003 (68 FR 52441),
estimated total of 1200 annual burden through the Federal Document Federal Register notice in conjunction
hours. Management System (FDMS) at: http:// with the November 8, 2005 (70 FR
Public Comments Invited: You are www.regulations.gov. 67777), Federal Register notice provides
asked to comment on any aspect of this Docket: For access to the docket to the current protocol for allowing such
information collection, including: (1) read background documents or drivers to operate CMVs in interstate
Whether the proposed collection is comments, go to http:// commerce.
necessary for the FHWA’s performance; www.regulations.gov and/or Room These 73 applicants have had ITDM
(2) the accuracy of the estimated W12–140 on the ground level of the over a range of one to 36 years. These
burdens; (3) ways for the FHWA to West Building, 1200 New Jersey Avenue applicants report no severe
enhance the quality, usefulness, and SE., Washington, DC, between 9 a.m. hypoglycemic reactions resulting in loss
clarity of the collected information; and and 5 p.m., Monday through Friday, of consciousness or seizure, requiring
(4) ways that the burden could be except Federal holidays. the assistance of another person, or
minimized, including the use of Privacy Act: In accordance with 5 resulting in impaired cognitive function
electronic technology, without reducing U.S.C. 553(c), DOT solicits comments that occurred without warning
the quality of the collected information. from the public to better inform its symptoms, in the past 12 months and no
tkelley on DSK3SPTVN1PROD with NOTICES
The agency will summarize and/or rulemaking process. DOT posts these recurrent (2 or more) severe
include your comments in the request comments, without edit, including any hypoglycemic episodes in the past 5
for OMB’s clearance of this information personal information the commenter years. In each case, an endocrinologist
collection. provides, to www.regulations.gov, as verified that the driver has
Authority: The Paperwork Reduction Act described in the system of records demonstrated a willingness to properly
of 1995; 44 U.S.C. Chapter 35, as amended; notice (DOT/ALL–14 FDMS), which can monitor and manage his/her diabetes
and 49 CFR 1.48. be reviewed at www.dot.gov/privacy. mellitus, received education related to
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![Federal Register / Vol. 80, No. 126 / Wednesday, July 1, 2015 / Notices 37717
diabetes management, and is on a stable diabetes; also, any involvement in an William W. McPhee (MI)
insulin regimen. These drivers report no accident or any other adverse event in Michael S. Murray (IA)
other disqualifying conditions, a CMV or personal vehicle, whether or
including diabetes-related not it is related to an episode of Benjamin M. Naastad (ND)
complications. Each meets the vision hypoglycemia; (3) that each individual Richard G. Niemi (WI)
requirement at 49 CFR 391.41(b)(10). provide a copy of the ophthalmologist’s Kenthia E. Norfleet (AL)
The qualifications and medical or optometrist’s report to the medical
condition of each applicant were stated examiner at the time of the annual Donald M. Oakes (NH)
and discussed in detail in the April 7, medical examination; and (4) that each Philip L. Orsi (NY)
2015, Federal Register notice and they individual provide a copy of the annual Robert E. Piernik (FL)
will not be repeated in this notice. medical certification to the employer for
retention in the driver’s qualification Harold E. Pratt (MO)
III. Discussion of Comments Jack C. Reed (NE)
file, or keep a copy in his/her driver’s
FMCSA received two comments in qualification file if he/she is self- Fernando Rivera (IL)
this proceeding. The comments are employed. The driver must also have a
addressed below. Timothy F. Rodehaver (OH)
copy of the certification when driving,
An anonymous commenter stated that for presentation to a duly authorized Robin R. Roth (MN)
allowing insulin-dependent drivers to Federal, State, or local enforcement Lewis S. Russell (OR)
operate CMVs in interstate commerce official.
would increase safety as more William J. Schmidt (MN)
experienced drivers would be allowed VI. Conclusion Todd J. Schoeller (WI)
to drive. This is the purpose of the Based upon its evaluation of the 73 Gary H. Schrot (WI)
Diabetes Exemption Program. exemption applications, FMCSA
Charla Sloan, Transit Director of the exempts the following drivers from the Ryan A. Snow (PA)
KI BOIS Area Transit System in diabetes requirement in 49 CFR Kevin L. Sundh (UT)
Oklahoma, stated that she believes 391.41(b)(10), subject to the William H. Terry (IN)
insulin-dependent drivers should be requirements cited above (49 CFR
allowed to operate CMVs in interstate Gary E. Tilson (VA)
391.64(b)):
commerce without an exemption. Tony W. Alonzo (TX) Duane K. Torlish, Jr. (NY)
IV. Basis for Exemption Determination Rafael M. Alvarado (TX) Ronald W. Truitt (PA)
Mark J. Avedisian (NY) Timothy E. Vanderwiele (NY)
Under 49 U.S.C. 31136(e) and 31315,
Timothy J. Burke (MA)
FMCSA may grant an exemption from Eric E. Burton (TN) Leo D. Vermeire (WA)
the diabetes requirement in 49 CFR Roger D. Cassada (VA) Brian W. Walls (PA)
391.41(b)(3) if the exemption is likely to Timothy W. Clark (OH)
achieve an equivalent or greater level of Gary L. Webster (VT)
Leonard W. Cleaves (MA)
safety than would be achieved without Bruce Combs (OH) Lance A. Wendinger (MN)
the exemption. The exemption allows Larry A. Cramer (SD) Allan W. Widener (GA)
the applicants to operate CMVs in Bradford A. Davies (ME)
interstate commerce. Shane D. Wildoner (PA)
Larry A. DeSanno (OR)
To evaluate the effect of these Robert S. Doering (IL) Roy L. Woodbury (OK)
exemptions on safety, FMCSA Michael L. Domarus (MN) Kyle A. Wright (WA)
considered medical reports about the Matthew G. Drabant (CO)
applicants’ ITDM and vision, and Adan A. Espinoza (CA) In accordance with 49 U.S.C. 31136(e)
reviewed the treating endocrinologists’ Howard E. Fruehling (IA) and 31315 each exemption is valid for
medical opinion related to the ability of Michael F. Gabbianelli (NJ) two years unless revoked earlier by
the driver to safely operate a CMV while Christopher W. Geib (OH) FMCSA. The exemption will be revoked
using insulin. Ernest W. Gibbs (VA) if the following occurs: (1) The person
Consequently, FMCSA finds that in James E. Goins (NJ) fails to comply with the terms and
each case exempting these applicants Gregory J. Goodenbour (IA) conditions of the exemption; (2) the
from the diabetes requirement in 49 CFR Paul M. Gugerty, Jr. (IL) exemption has resulted in a lower level
391.41(b)(3) is likely to achieve a level William F. Guttormsen (NJ) of safety than was maintained before it
of safety equal to that existing without Michael D. Howell (NC) was granted; or (3) continuation of the
the exemption. Curtis L. Hudson (SC) exemption would not be consistent with
V. Conditions and Requirements Mayer Indorsky (NY) the goals and objectives of 49 U.S.C.
Raymond J. Jacobs (NY)
The terms and conditions of the 31136(e) and 31315. If the exemption is
Lyle J. Kaehler (WI)
exemption will be provided to the Charles F. Kennedy (PA) still effective at the end of the 2-year
applicants in the exemption document Stephen P. Koons (PA) period, the person may apply to FMCSA
and they include the following: (1) That Curtis G. Kirchbaum (PA) for a renewal under procedures in effect
each individual submit a quarterly Joseph A. Lahaderne (NY) at that time.
monitoring checklist completed by the Walter P. Leck (PA) Issued on: June 23, 2015.
tkelley on DSK3SPTVN1PROD with NOTICES
treating endocrinologist as well as an Eric F. Leigh (IL) Larry W. Minor,
annual checklist with a comprehensive Alvin G. Madwatkins (NJ)
medical evaluation; (2) that each Associate Administrator for Policy.
Clayton B. Mathis (GA)
individual reports within 2 business John R. Mauney (NC) [FR Doc. 2015–16140 Filed 6–30–15; 8:45 am]
days of occurrence, all episodes of Derrell R. McCaskill (MD) BILLING CODE 4910–EX–P
severe hypoglycemia, significant Darrel F. McCoy, Jr. (MO)
complications, or inability to manage Eric O. McLamb (NC)
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Document Created: 2015-12-15 13:18:52
Document Modified: 2015-12-15 13:18:52
| 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 May 8, 2015. The exemptions expire on May 8, 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 37716 |
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