80 FR 45575 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 146 (July 30, 2015)

Page Range		45575-45576
FR Document		2015-18675

FMCSA confirms its decision to exempt 51 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 146 (Thursday, July 30, 2015)

[Federal Register Volume 80, Number 146 (Thursday, July 30, 2015)]
[Notices]
[Pages 45575-45576]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-18675]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2015-0059]


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 51 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 June 11, 2015. The exemptions 
expire on June 11, 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 May 11, 2015, FMCSA published a notice of receipt of Federal 
diabetes exemption applications from 51 individuals and requested 
comments from the public (80 FR 26979). The public comment period 
closed on June 10, 2015, and two comments were received.
    FMCSA has evaluated the eligibility of the 51 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 51 applicants have had ITDM over a range of one to 33 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

[[Page 45576]]

and discussed in detail in the May 11, 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.
    Doreen Dupont stated that, as a licensed physician, she does not 
believe any insulin-dependent drivers should be granted exemptions to 
operate CMVs in interstate commerce.
    Alvin Williams stated he wants to renew his Class A driver's 
license but would like to know if a restricted Class A license is 
available so he does not have to downgrade.

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 51 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)):

Galen W. Abitz (IA)
Kenneth V. Bartlett (PA)
Derek A. Becker (IL)
Robert J. Boardwick (NJ)
Delano W. Brede (IA)
Stanley L. Buckley (WI)
Matthew J. Burris (MN)
Robert E. Clark, Jr. (VA)
Stephen M. Cooper (WI)
George L. Crockett (OH)
Thomas J. Cummings (IA)
Gary E. Davidge (MD)
Delawrence D. Dillard (IL)
Stephen L. Drake (TX)
Kevin P. Fulcher (MA)
Cecil E. Glenn (CA)
David E. Goddard, Jr. (WV)
Wesley H. Green (OK)
David H. Heins (IL)
Thomas P. Henry (VA)
Leslie W. Holmes (DE)
Korry W. Hullinger (UT)
James V. Kuhns, Jr. (PA)
Craig C. Leckie (OR)
Robert T. Lee (WI)
Tyler S. Lewis (AK)
Zackery L. Lowe (VA)
Eugene T. Mapp (SC)
Edward W. Masser (PA)
Robert S. Medberry (OH)
Brian L. Merlo (CA)
Brian K. Miesner (MO)
James D. Miller (MN)
Isse A. Moalin (AZ)
Patrick S. Murray (OK)
Douglas W. Olson (TX)
Lisa R. Olson (MT)
John C. Osterhout (ID)
Kevin J. Riedl (WI)
Richard E. Roberts (NC)
Ian L. Robinson (VA)
Stephen D. Sandine (AR)
Michael J. Simko (PA)
Steven L. Sobczak (WI)
Richard J. Tallen (IN)
Brett E. Thein (GA)
Ryan R. Turnbull (NY)
Jonathan C. Walston (IA)
Graciano Wharton-Ramirez (NJ)
Rick G. White (WA)
Randall L. Williamson (IL)

    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: July 20, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-18675 Filed 7-29-15; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 80, No. 146 / Thursday, July 30, 2015 / Notices 45575

VI. Conclusion DEPARTMENT OF TRANSPORTATION 10, 2015, and two comments were
received.
Based upon its evaluation of the 35 Federal Motor Carrier Safety FMCSA has evaluated the eligibility
exemption applications, FMCSA Administration of the 51 applicants and determined that
exempts the following drivers from the granting the exemptions to these
vision requirement in 49 CFR [FMCSA Docket No. FMCSA–2015–0059]
individuals would achieve a level of
391.41(b)(10), subject to the safety equivalent to or greater than the
requirements cited above (49 CFR Qualification of Drivers; Exemption
Applications; Diabetes Mellitus level that would be achieved by
391.64(b)): complying with the current regulation
Donald A. Becker, Jr. (MI) AGENCY: Federal Motor Carrier Safety 49 CFR 391.41(b)(3).
Ronald G. Bradley (IN) Administration (FMCSA), DOT. Diabetes Mellitus and Driving
Rober J. Bruce (AZ) ACTION: Notice of final disposition. Experience of the Applicants
Mark A. Carter (OK)
William T. Costie (NY) SUMMARY: FMCSA confirms its decision The Agency established the current
to exempt 51 individuals from its rule requirement for diabetes in 1970
Donald W. Donaldson (GA)
prohibiting persons with insulin-treated because several risk studies indicated
Glenn E. Dowell (IN) that drivers with diabetes had a higher
diabetes mellitus (ITDM) from operating
James L. Duck (NM) rate of crash involvement than the
commercial motor vehicles (CMVs) in
Terrence R. Ervin (CA) general population. The diabetes rule
interstate commerce. The exemptions
Douglas E. Hetrick (CO) enable these individuals to operate provides that ‘‘A person is physically
Arthur R. Hughson (AP) CMVs in interstate commerce. qualified to drive a commercial motor
Marc R. Johnston (OR) vehicle if that person has no established
DATES: The exemptions were effective
Joseph M. Jones (ID) medical history or clinical diagnosis of
on June 11, 2015. The exemptions
Larry C. Kautz (PA) diabetes mellitus currently requiring
expire on June 11, 2017.
Theodore J. Kenyon (VT) insulin for control’’ (49 CFR
FOR FURTHER INFORMATION CONTACT: 391.41(b)(3)).
Howard H. Key, Jr. (AR) Charles A. Horan, III, Director, Carrier, FMCSA established its diabetes
Bernard Khraich (CA) Driver and Vehicle Safety Standards, exemption program, based on the
Bradley R. King (IA) (202) 366–4001, fmcsamedical@dot.gov, Agency’s July 2000 study entitled ‘‘A
David C. Leoffler (CO) FMCSA, Room W64–224, Department of Report to Congress on the Feasibility of
Melvin D. Moffett (KY) Transportation, 1200 New Jersey a Program to Qualify Individuals with
Armando F. Pedroso (MN) Avenue SE., Washington, DC 20590– Insulin-Treated Diabetes Mellitus to
Quang M. Pham (TX) 0001. Office hours are from 8:30 a.m. to Operate in Interstate Commerce as
William A. Ramirez Vazquez (CA) 5 p.m., Monday through Friday, except Directed by the Transportation Act for
Donald W. Randall (UT) Federal holidays. the 21st Century.’’ The report concluded
Glen E. Robbins (WY) SUPPLEMENTARY INFORMATION: that a safe and practicable protocol to
Enrique F. Rodriguez Gonzalez (NC) allow some drivers with ITDM to
I. Electronic Access
Ronald P. Schoborg (AR) operate CMVs is feasible. The
Raymond Sherrill (PA) You may see all the comments online September 3, 2003 (68 FR 52441),
Roger D. Simpson (AR) through the Federal Document Federal Register notice in conjunction
Management System (FDMS) at: http:// with the November 8, 2005 (70 FR
Mehrzad Tavanaie (CA)
www.regulations.gov. 67777), Federal Register notice provides
Steven M. Tewhill (AR) Docket: For access to the docket to the current protocol for allowing such
Brett E. Thomas (TX) read background documents or drivers to operate CMVs in interstate
Keith E. Thompson (MO) comments, go to http:// commerce.
Jeffrey W. Tucker (IN) www.regulations.gov and/or Room These 51 applicants have had ITDM
Thomas W. Workman (IL) W12–140 on the ground level of the over a range of one to 33 years. These
In accordance with 49 U.S.C. 31136(e) West Building, 1200 New Jersey Avenue applicants report no severe
and 31315, each exemption will be valid SE., Washington, DC, between 9 a.m. hypoglycemic reactions resulting in loss
for 2 years unless revoked earlier by and 5 p.m., Monday through Friday, of consciousness or seizure, requiring
FMCSA. The exemption will be revoked except Federal holidays. the assistance of another person, or
if: (1) The person fails to comply with Privacy Act: In accordance with 5 resulting in impaired cognitive function
the terms and conditions of the U.S.C. 553(c), DOT solicits comments that occurred without warning
exemption; (2) the exemption has from the public to better inform its symptoms, in the past 12 months and no
resulted in a lower level of safety than rulemaking process. DOT posts these recurrent (2 or more) severe
was maintained before it was granted; or comments, without edit, including any hypoglycemic episodes in the past 5
(3) continuation of the exemption would personal information the commenter years. In each case, an endocrinologist
not be consistent with the goals and provides, to www.regulations.gov, as verified that the driver has
objectives of 49 U.S.C. 31136 and 31315. described in the system of records demonstrated a willingness to properly
If the exemption is still effective at the notice (DOT/ALL–14 FDMS), which can monitor and manage his/her diabetes
end of the 2-year period, the person may be reviewed at www.dot.gov/privacy. mellitus, received education related to
apply to FMCSA for a renewal under diabetes management, and is on a stable
II. Background
Lhorne on DSK7TPTVN1PROD with NOTICES

procedures in effect at that time. insulin regimen. These drivers report no
On May 11, 2015, FMCSA published other disqualifying conditions,
Issued on: July 20, 2015. a notice of receipt of Federal diabetes including diabetes-related
Larry W. Minor, exemption applications from 51 complications. Each meets the vision
Associate Administrator for Policy. individuals and requested comments requirement at 49 CFR 391.41(b)(10).
[FR Doc. 2015–18674 Filed 7–29–15; 8:45 am] from the public (80 FR 26979). The The qualifications and medical
BILLING CODE 4910–EX–P public comment period closed on June condition of each applicant were stated

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45576 Federal Register / Vol. 80, No. 146 / Thursday, July 30, 2015 / Notices

and discussed in detail in the May 11, retention in the driver’s qualification two years unless revoked earlier by
2015, Federal Register notice and they file, or keep a copy in his/her driver’s FMCSA. The exemption will be revoked
will not be repeated in this notice. qualification file if he/she is self- if the following occurs: (1) The person
employed. The driver must also have a fails to comply with the terms and
III. Discussion of Comments
copy of the certification when driving, conditions of the exemption; (2) the
FMCSA received two comments in for presentation to a duly authorized exemption has resulted in a lower level
this proceeding. The comments are Federal, State, or local enforcement of safety than was maintained before it
addressed below. official. was granted; or (3) continuation of the
Doreen Dupont stated that, as a exemption would not be consistent with
licensed physician, she does not believe VI. Conclusion
the goals and objectives of 49 U.S.C.
any insulin-dependent drivers should Based upon its evaluation of the 51 31136(e) and 31315. If the exemption is
be granted exemptions to operate CMVs exemption applications, FMCSA still effective at the end of the 2-year
in interstate commerce. exempts the following drivers from the period, the person may apply to FMCSA
Alvin Williams stated he wants to diabetes requirement in 49 CFR for a renewal under procedures in effect
renew his Class A driver’s license but 391.41(b)(10), subject to the at that time.
would like to know if a restricted Class requirements cited above 49 CFR
A license is available so he does not Issued on: July 20, 2015.
391.64(b)):
have to downgrade. Larry W. Minor,
Galen W. Abitz (IA)
Associate Administrator for Policy.
IV. Basis for Exemption Determination Kenneth V. Bartlett (PA)
Derek A. Becker (IL) [FR Doc. 2015–18675 Filed 7–29–15; 8:45 am]
Under 49 U.S.C. 31136(e) and 31315, Robert J. Boardwick (NJ) BILLING CODE 4910–EX–P
FMCSA may grant an exemption from Delano W. Brede (IA)
the diabetes requirement in 49 CFR Stanley L. Buckley (WI)
391.41(b)(3) if the exemption is likely to Matthew J. Burris (MN) DEPARTMENT OF TRANSPORTATION
achieve an equivalent or greater level of Robert E. Clark, Jr. (VA)
safety than would be achieved without Stephen M. Cooper (WI) Federal Motor Carrier Safety
the exemption. The exemption allows George L. Crockett (OH) Administration
the applicants to operate CMVs in Thomas J. Cummings (IA) [Docket No. FMCSA–2012–0032]
interstate commerce. Gary E. Davidge (MD)
To evaluate the effect of these Delawrence D. Dillard (IL) Commercial Driver’s License
exemptions on safety, FMCSA Stephen L. Drake (TX) Standards: Application for Renewal of
considered medical reports about the Kevin P. Fulcher (MA) Exemption; Daimler Trucks North
applicants’ ITDM and vision, and Cecil E. Glenn (CA) America (Daimler)
reviewed the treating endocrinologists’ David E. Goddard, Jr. (WV)
medical opinion related to the ability of Wesley H. Green (OK) AGENCY: Federal Motor Carrier Safety
the driver to safely operate a CMV while David H. Heins (IL) Administration (FMCSA), DOT.
using insulin. Thomas P. Henry (VA) ACTION: Notice of final disposition;
Consequently, FMCSA finds that in Leslie W. Holmes (DE) granting of application for renewal of
each case exempting these applicants Korry W. Hullinger (UT) exemption.
from the diabetes requirement in 49 CFR James V. Kuhns, Jr. (PA)
391.41(b)(3) is likely to achieve a level Craig C. Leckie (OR) SUMMARY: FMCSA announces its
of safety equal to that existing without Robert T. Lee (WI) decision to grant Daimler Trucks North
the exemption. Tyler S. Lewis (AK) America’s (Daimler) application for
Zackery L. Lowe (VA) renewal of an exemption from the
V. Conditions and Requirements Eugene T. Mapp (SC) requirement for a commercial driver’s
The terms and conditions of the Edward W. Masser (PA) license (CDL) for one of its commercial
exemption will be provided to the Robert S. Medberry (OH) motor vehicle (CMV) drivers, Sven
applicants in the exemption document Brian L. Merlo (CA) Ennerst. Mr. Ennerst has operated safely
and they include the following: (1) That Brian K. Miesner (MO) under this one-year exemption since
James D. Miller (MN) July 22, 2014. The renewal allows Mr.
each individual submit a quarterly
Isse A. Moalin (AZ) Ennerst, a Daimler engineering
monitoring checklist completed by the
Patrick S. Murray (OK) executive who holds a German
treating endocrinologist as well as an Douglas W. Olson (TX)
annual checklist with a comprehensive commercial driver’s license, to continue
Lisa R. Olson (MT) to test-drive Daimler CMVs on U.S.
medical evaluation; (2) that each John C. Osterhout (ID)
individual reports within 2 business roads to improve Daimler’s
Kevin J. Riedl (WI) understanding of product requirements
days of occurrence, all episodes of Richard E. Roberts (NC)
severe hypoglycemia, significant in ‘‘real world’’ environments. FMCSA
Ian L. Robinson (VA)
complications, or inability to manage has concluded that this exemption
Stephen D. Sandine (AR)
diabetes; also, any involvement in an Michael J. Simko (PA) would likely achieve a level of safety
accident or any other adverse event in Steven L. Sobczak (WI) that is equivalent to or greater than the
a CMV or personal vehicle, whether or Richard J. Tallen (IN) level that would be achieved if Mr.
not it is related to an episode of Brett E. Thein (GA) Ennerst were required to obtain a U.S.
CDL.
Lhorne on DSK7TPTVN1PROD with NOTICES

hypoglycemia; (3) that each individual Ryan R. Turnbull (NY)
provide a copy of the ophthalmologist’s Jonathan C. Walston (IA) DATES: This exemption is renewed
or optometrist’s report to the medical Graciano Wharton-Ramirez (NJ) effective July 22, 2015 and will expire
examiner at the time of the annual Rick G. White (WA) July 22, 2017.
medical examination; and (4) that each Randall L. Williamson (IL) FOR FURTHER INFORMATION CONTACT: Mr.
individual provide a copy of the annual In accordance with 49 U.S.C. 31136(e) Robert Schultz, FMCSA Driver and
medical certification to the employer for and 31315 each exemption is valid for Carrier Operations Division; Office of

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Document Created: 2018-02-23 09:30:25
Document Modified: 2018-02-23 09:30:25

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 June 11, 2015. The exemptions expire on June 11, 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 45575

80 FR 45575 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 146 (July 30, 2015)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration