80 FR 37726 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 126 (July 1, 2015)

Page Range		37726-37727
FR Document		2015-16139

FMCSA confirms its decision to exempt 49 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.

Federal Register, Volume 80 Issue 126 (Wednesday, July 1, 2015)

[Federal Register Volume 80, Number 126 (Wednesday, July 1, 2015)]
[Notices]
[Pages 37726-37727]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16139]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2015-0057]


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 confirms its decision to exempt 49 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 9, 2015. The exemptions 
expire on May 9, 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 8, 2015, FMCSA published a notice of receipt of Federal 
diabetes exemption applications from 49 individuals and requested 
comments from the public (80 FR 18928). The public comment period 
closed on May 8, 2015, and one comment was received.
    FMCSA has evaluated the eligibility of the 49 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).

II. 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

[[Page 37727]]

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 49 applicants have had ITDM over a range of one to 42 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 April 8, 2015, Federal Register 
notice and they will not be repeated in this notice.

II. Discussion of Comments

    FMCSA received one comment in this proceeding. The comment is 
addressed below.
    Michael Smith expressed concerns regarding the monitoring of 
drivers granted the exemptions, believing they are monitored only once 
a year. FMCSA requires that drivers who hold exemption submit quarterly 
and annual monitoring reports from their endocrinologists, and an 
annual vision examination.

III. 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.

IV. 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.

V. Conclusion

    Based upon its evaluation of the 49 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)):

Christopher R. Alba (CO)
Lloyd T. Beverly (VA)
James R. Bledsoe (FL)
Sammy W. Bowlin (KS)
Durwin A. Brannon (NC)
Larry J. Carril (IL)
Jimmy E. Cole (TN)
Richard S. Collins (IA)
Robert S. Colosimo (ND)
Joel F. Cook (NY)
James N. Coombs (NJ)
David A. Daniels (ME)
Mark J. Dias (MA)
William A. Emerick (MA)
Brian A. Foss (WY)
William A. H. Gardner (CA)
Gary R. Gill (PA)
Steven M. Gilmour (MA)
Ismael Gonzalez (IN)
Arnold P. Griffith, Jr. (IA)
Charles A. Gudaitis (PA)
Scott D. Hanlon (NY)
Cory A. Harker (FL)
Stanley A. Head (GA)
David W. Henderson (NC)
Clark D. Holdeman (TX)
William E. Holt (TX)
David A. Holwenger (WA)
Alan D. Jacobs (OR)
Conrad J. Janik (NY)
David F. Kenny (NY)
George W. Key, Jr. (AL)
Michael O. Lancial (MI)
Frank A. Mowers (IL)
Charles H. Nichols (MI)
Marvin R. Nunn (OR)
Terry C. Rose (NC)
Robert L. Rush, Jr. (PA)
Derek J. Scougal (VA)
Roy Silva (IL)
James L. Skinner (IA)
Robert L. Terry (TN)
Rafael Torres, Jr. (FL)
Matthew C. Vaillancourt (MA)
Joseph E. Weitzel (PA)
Ashley M. Winkels (MN)
Steven L. Wolvers (IA)
David W. Wood (ID)
Donald E. Zimmerman (NC)

    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. 2015-16139 Filed 6-30-15; 8:45 am]
BILLING CODE 4910-EX-P

Federal Register / Vol. 80, No. 126 / Wednesday, July 1, 2015 / Notices 37727

rate of crash involvement than the III. Basis for Exemption Determination Lloyd T. Beverly (VA)
general population. The diabetes rule Under 49 U.S.C. 31136(e) and 31315, James R. Bledsoe (FL)
provides that ‘‘A person is physically Sammy W. Bowlin (KS)
FMCSA may grant an exemption from
qualified to drive a commercial motor Durwin A. Brannon (NC)
the diabetes requirement in 49 CFR Larry J. Carril (IL)
vehicle if that person has no established 391.41(b)(3) if the exemption is likely to
medical history or clinical diagnosis of Jimmy E. Cole (TN)
achieve an equivalent or greater level of Richard S. Collins (IA)
diabetes mellitus currently requiring safety than would be achieved without
insulin for control’’ (49 CFR Robert S. Colosimo (ND)
the exemption. The exemption allows Joel F. Cook (NY)
391.41(b)(3)). the applicants to operate CMVs in
FMCSA established its diabetes James N. Coombs (NJ)
interstate commerce. David A. Daniels (ME)
exemption program, based on the
To evaluate the effect of these Mark J. Dias (MA)
Agency’s July 2000 study entitled ‘‘A William A. Emerick (MA)
exemptions on safety, FMCSA
Report to Congress on the Feasibility of Brian A. Foss (WY)
considered medical reports about the
a Program to Qualify Individuals with William A. H. Gardner (CA)
applicants’ ITDM and vision, and
Insulin-Treated Diabetes Mellitus to Gary R. Gill (PA)
reviewed the treating endocrinologists’
Operate in Interstate Commerce as Steven M. Gilmour (MA)
medical opinion related to the ability of
Directed by the Transportation Act for Ismael Gonzalez (IN)
the 21st Century.’’ The report concluded the driver to safely operate a CMV while
using insulin. Arnold P. Griffith, Jr. (IA)
that a safe and practicable protocol to Charles A. Gudaitis (PA)
Consequently, FMCSA finds that in
allow some drivers with ITDM to Scott D. Hanlon (NY)
operate CMVs is feasible. The each case exempting these applicants Cory A. Harker (FL)
September 3, 2003 (68 FR 52441), from the diabetes requirement in 49 CFR Stanley A. Head (GA)
Federal Register notice in conjunction 391.41(b)(3) is likely to achieve a level David W. Henderson (NC)
with the November 8, 2005 (70 FR of safety equal to that existing without Clark D. Holdeman (TX)
67777), Federal Register notice provides the exemption. William E. Holt (TX)
the current protocol for allowing such IV. Conditions and Requirements David A. Holwenger (WA)
drivers to operate CMVs in interstate Alan D. Jacobs (OR)
The terms and conditions of the Conrad J. Janik (NY)
commerce.
These 49 applicants have had ITDM exemption will be provided to the David F. Kenny (NY)
over a range of one to 42 years. These applicants in the exemption document George W. Key, Jr. (AL)
applicants report no severe and they include the following: (1) That Michael O. Lancial (MI)
each individual submit a quarterly Frank A. Mowers (IL)
hypoglycemic reactions resulting in loss
monitoring checklist completed by the Charles H. Nichols (MI)
of consciousness or seizure, requiring Marvin R. Nunn (OR)
the assistance of another person, or treating endocrinologist as well as an
annual checklist with a comprehensive Terry C. Rose (NC)
resulting in impaired cognitive function Robert L. Rush, Jr. (PA)
that occurred without warning medical evaluation; (2) that each
individual reports within 2 business Derek J. Scougal (VA)
symptoms, in the past 12 months and no Roy Silva (IL)
recurrent (2 or more) severe days of occurrence, all episodes of
severe hypoglycemia, significant James L. Skinner (IA)
hypoglycemic episodes in the past 5 Robert L. Terry (TN)
years. In each case, an endocrinologist complications, or inability to manage
Rafael Torres, Jr. (FL)
verified that the driver has diabetes; also, any involvement in an Matthew C. Vaillancourt (MA)
demonstrated a willingness to properly accident or any other adverse event in Joseph E. Weitzel (PA)
monitor and manage his/her diabetes a CMV or personal vehicle, whether or Ashley M. Winkels (MN)
mellitus, received education related to not it is related to an episode of Steven L. Wolvers (IA)
diabetes management, and is on a stable hypoglycemia; (3) that each individual David W. Wood (ID)
insulin regimen. These drivers report no provide a copy of the ophthalmologist’s Donald E. Zimmerman (NC)
other disqualifying conditions, or optometrist’s report to the medical In accordance with 49 U.S.C. 31136(e)
including diabetes-related examiner at the time of the annual and 31315 each exemption is valid for
complications. Each meets the vision medical examination; and (4) that each two years unless revoked earlier by
requirement at 49 CFR 391.41(b)(10). individual provide a copy of the annual FMCSA. The exemption will be revoked
The qualifications and medical medical certification to the employer for if the following occurs: (1) The person
condition of each applicant were stated retention in the driver’s qualification fails to comply with the terms and
and discussed in detail in the April 8, file, or keep a copy in his/her driver’s conditions of the exemption; (2) the
2015, Federal Register notice and they qualification file if he/she is self- exemption has resulted in a lower level
will not be repeated in this notice. employed. The driver must also have a of safety than was maintained before it
copy of the certification when driving, was granted; or (3) continuation of the
II. Discussion of Comments for presentation to a duly authorized exemption would not be consistent with
FMCSA received one comment in this Federal, State, or local enforcement the goals and objectives of 49 U.S.C.
proceeding. The comment is addressed official. 31136(e) and 31315. If the exemption is
below. V. Conclusion still effective at the end of the 2-year
Michael Smith expressed concerns period, the person may apply to FMCSA
regarding the monitoring of drivers Based upon its evaluation of the 49
for a renewal under procedures in effect
exemption applications, FMCSA
tkelley on DSK3SPTVN1PROD with NOTICES

granted the exemptions, believing they at that time.
are monitored only once a year. FMCSA exempts the following drivers from the
requires that drivers who hold diabetes requirement in 49 CFR Issued on: June 23, 2015.
exemption submit quarterly and annual 391.41(b)(10), subject to the Larry W. Minor,
monitoring reports from their requirements cited above 949 CFR Associate Administrator for Policy.
endocrinologists, and an annual vision 391.64(b)): [FR Doc. 2015–16139 Filed 6–30–15; 8:45 am]
examination. Christopher R. Alba (CO) BILLING CODE 4910–EX–P

VerDate Sep<11>2014 18:30 Jun 30, 2015 Jkt 235001 PO 00000 Frm 00148 Fmt 4703 Sfmt 9990 E:\FR\FM\01JYN1.SGM 01JYN1

Document Created: 2015-12-15 13:20:00
Document Modified: 2015-12-15 13:20:00

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 9, 2015. The exemptions expire on May 9, 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 37726

80 FR 37726 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 126 (July 1, 2015)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration