80 FR 48393 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 155 (August 12, 2015)

Page Range		48393-48394
FR Document		2015-19793

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 155 (Wednesday, August 12, 2015)

[Federal Register Volume 80, Number 155 (Wednesday, August 12, 2015)]
[Notices]
[Pages 48393-48394]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-19793]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2015-0061]


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 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 July 23, 2015. The exemptions 
expire on July 23, 2017.

FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director, 
Carrier, Driver and Vehicle Safety Standards, (202) 366-4001, 
fmcsamedical@dot.gov, 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 June 22, 2015, FMCSA published a notice of receipt of Federal 
diabetes exemption applications from 51 individuals and requested 
comments from the public (80 FR 35705). The public comment period 
closed on July 22, 2015, and no 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 44 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 June 22, 2015, Federal Register 
notice and they will not be repeated in this notice.

III. Discussion of Comments

    FMCSA received no comments in this proceeding.

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.

[[Page 48394]]

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 949 CFR 
391.64(b)):

Timothy G. Baker (NE)
Daniel E. Benes (WI)
William E. Blake (TX)
Thomas M. Burns (NJ)
George W. Cahall (DE)
John T. Curry (TN)
Willie D. Davis (IL)
Alan E. Dean (NE)
Christopher A. DiCioccio (CT)
Johnny L. Emory (KS)
Ike Gibbs (CA)
Jospeh Gipson (KS)
Juan Gomez Jr. (IA)
George A. Gross (NY)
Herman L. Hall (NJ)
Grover D. Johnson (NY)
Bruce E. Johnston (CO)
Francis D. Judd (MA)
William J. Kaszubski (IL)
George S. Kean (NH)
Jeffrey K. Lageson (MN)
Yehuda Lauber (NY)
Rickie D. Leonard (WA)
Travis R. Mendenhall (OH)
Danny R. Middlebrooks (GA)
Kyle A. Mininger (AL)
John T. Murchison, Jr. (TN)
Axel J. M. Murphy (MN)
Charles M. Naylis (PA)
Craig J. Nelson (IL)
Richard A. Nigro (NJ)
Thomas S. O'Brien (TX)
Paul T. Ozbun (OK)
Modesto F. Pedote (NY)
David M. Pomeroy (IA)
Matthew C. Preston (KY)
Anthony A. Rachuy (MN)
Joseph C. Richards (MD)
Dwight B. Richardson (TX)
James C. Rocco (NJ)
Daniel A. Ryan (MN)
Patrick J. Severance (NY)
Timothy F. Showers (WI)
James A. Smit (MN)
John W. Smith (MT)
Roland Thenor (NY)
Billy L. Wagner (IL)
Steven L. Wear (ND)
Jeffrey S. Wilkinson (IN)
James T. Young (MI)
David J. Zelhart (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: August 6, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-19793 Filed 8-11-15; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Notices 48393

uses the information to screen and 5 p.m., Monday through Friday, except Directed by the Transportation Act for
select the designees who serve as Federal holidays. the 21st Century.’’ The report concluded
aviation medical examiners. SUPPLEMENTARY INFORMATION: that a safe and practicable protocol to
Respondents: Approximately 450 allow some drivers with ITDM to
applicants annually. I. Electronic Access operate CMVs is feasible. The
Frequency: Information is collected You may see all the comments online September 3, 2003 (68 FR 52441),
on occasion. through the Federal Document Federal Register notice in conjunction
Estimated Average Burden per Management System (FDMS) at: http:// with the November 8, 2005 (70 FR
Response: 30 minutes. www.regulations.gov. 67777), Federal Register notice provides
Estimated Total Annual Burden: 225 Docket: For access to the docket to the current protocol for allowing such
hours. read background documents or drivers to operate CMVs in interstate
Public Comments Invited: You are comments, go to http:// commerce.
asked to comment on any aspect of this www.regulations.gov and/or Room These 51 applicants have had ITDM
information collection, including (a) W12–140 on the ground level of the over a range of one to 44 years. These
Whether the proposed collection of West Building, 1200 New Jersey Avenue applicants report no severe
information is necessary for FAA’s SE., Washington, DC, between 9 a.m. hypoglycemic reactions resulting in loss
performance; (b) the accuracy of the and 5 p.m., Monday through Friday, of consciousness or seizure, requiring
estimated burden; (c) ways for FAA to except Federal holidays. the assistance of another person, or
enhance the quality, utility and clarity Privacy Act: In accordance with 5 resulting in impaired cognitive function
of the information collection; and (d) U.S.C. 553(c), DOT solicits comments that occurred without warning
ways that the burden could be from the public to better inform its symptoms, in the past 12 months and no
minimized without reducing the quality rulemaking process. DOT posts these recurrent (2 or more) severe
of the collected information. The agency comments, without edit, including any hypoglycemic episodes in the past 5
will summarize and/or include your personal information the commenter years. In each case, an endocrinologist
comments in the request for OMB’s provides, to www.regulations.gov, as verified that the driver has
clearance of this information collection. described in the system of records demonstrated a willingness to properly
notice (DOT/ALL–14 FDMS), which can monitor and manage his/her diabetes
Issued in Washington, DC, on August 4,
2015.
be reviewed at www.dot.gov/privacy. mellitus, received education related to
Ronda Thompson, II. Background diabetes management, and is on a stable
FAA Information Collection Clearance insulin regimen. These drivers report no
On June 22, 2015, FMCSA published
Officer, IT Enterprises Business Services other disqualifying conditions,
a notice of receipt of Federal diabetes
Division, ASP–110. including diabetes-related
exemption applications from 51
[FR Doc. 2015–19831 Filed 8–11–15; 8:45 am] complications. Each meets the vision
individuals and requested comments
requirement at 49 CFR 391.41(b)(10).
BILLING CODE 4910–13–P from the public (80 FR 35705). The
public comment period closed on July The qualifications and medical
22, 2015, and no comments were condition of each applicant were stated
DEPARTMENT OF TRANSPORTATION received. and discussed in detail in the June 22,
FMCSA has evaluated the eligibility 2015, Federal Register notice and they
Federal Motor Carrier Safety of the 51 applicants and determined that will not be repeated in this notice.
Administration granting the exemptions to these III. Discussion of Comments
[FMCSA Docket No. FMCSA–2015–0061] individuals would achieve a level of
safety equivalent to or greater than the FMCSA received no comments in this
Qualification of Drivers; Exemption level that would be achieved by proceeding.
Applications; Diabetes Mellitus complying with the current regulation IV. Basis for Exemption Determination
AGENCY: Federal Motor Carrier Safety 49 CFR 391.41(b)(3).
Under 49 U.S.C. 31136(e) and 31315,
Administration (FMCSA), DOT. Diabetes Mellitus and Driving FMCSA may grant an exemption from
ACTION: Notice of final disposition. Experience of the Applicants the diabetes requirement in 49 CFR
The Agency established the current 391.41(b)(3) if the exemption is likely to
SUMMARY: FMCSA confirms its decision achieve an equivalent or greater level of
requirement for diabetes in 1970
to exempt 51 individuals from its rule safety than would be achieved without
because several risk studies indicated
prohibiting persons with insulin-treated the exemption. The exemption allows
that drivers with diabetes had a higher
diabetes mellitus (ITDM) from operating the applicants to operate CMVs in
rate of crash involvement than the
commercial motor vehicles (CMVs) in interstate commerce.
general population. The diabetes rule
interstate commerce. The exemptions To evaluate the effect of these
provides that ‘‘A person is physically
enable these individuals to operate exemptions on safety, FMCSA
qualified to drive a commercial motor
CMVs in interstate commerce. considered medical reports about the
vehicle if that person has no established
DATES: The exemptions were effective medical history or clinical diagnosis of applicants’ ITDM and vision, and
on July 23, 2015. The exemptions expire diabetes mellitus currently requiring reviewed the treating endocrinologists’
on July 23, 2017. insulin for control’’ (49 CFR medical opinion related to the ability of
the driver to safely operate a CMV while
mstockstill on DSK4VPTVN1PROD with NOTICES

FOR FURTHER INFORMATION CONTACT: 391.41(b)(3)).
Charles A. Horan, III, Director, Carrier, FMCSA established its diabetes using insulin.
Driver and Vehicle Safety Standards, exemption program, based on the Consequently, FMCSA finds that in
(202) 366–4001, fmcsamedical@dot.gov, Agency’s July 2000 study entitled ‘‘A each case exempting these applicants
FMCSA, Room W64–224, Department of Report to Congress on the Feasibility of from the diabetes requirement in 49 CFR
Transportation, 1200 New Jersey a Program to Qualify Individuals with 391.41(b)(3) is likely to achieve a level
Avenue SE., Washington, DC 20590– Insulin-Treated Diabetes Mellitus to of safety equal to that existing without
0001. Office hours are from 8:30 a.m. to Operate in Interstate Commerce as the exemption.

VerDate Sep<11>2014 18:16 Aug 11, 2015 Jkt 235001 PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 E:\FR\FM\12AUN1.SGM 12AUN1

48394 Federal Register / Vol. 80, No. 155 / Wednesday, August 12, 2015 / Notices

V. Conditions and Requirements John T. Murchison, Jr. (TN) with the statutory requirements
The terms and conditions of the Axel J. M. Murphy (MN) concerning applications for exemptions,
exemption will be provided to the Charles M. Naylis (PA) FMCSA requests public comments on
applicants in the exemption document Craig J. Nelson (IL) these requests. The statute and
and they include the following: (1) That Richard A. Nigro (NJ) implementing regulations concerning
each individual submit a quarterly Thomas S. O’Brien (TX) exemptions require that exemptions
monitoring checklist completed by the Paul T. Ozbun (OK) must provide an equivalent or greater
Modesto F. Pedote (NY) level of safety than if they were not
treating endocrinologist as well as an
David M. Pomeroy (IA) granted. If the Agency determines the
annual checklist with a comprehensive
Matthew C. Preston (KY) exemptions would satisfy the statutory
medical evaluation; (2) that each
Anthony A. Rachuy (MN) requirements and decides to grant
individual reports within 2 business
Joseph C. Richards (MD) theses requests after reviewing the
days of occurrence, all episodes of
Dwight B. Richardson (TX) public comments submitted in response
severe hypoglycemia, significant
James C. Rocco (NJ) to this notice, the exemptions would
complications, or inability to manage
Daniel A. Ryan (MN) enable these 13 individuals to operate
diabetes; also, any involvement in an
Patrick J. Severance (NY) CMVs in interstate commerce.
accident or any other adverse event in
Timothy F. Showers (WI) DATES: Comments must be received on
a CMV or personal vehicle, whether or
James A. Smit (MN) or before September 11, 2015.
not it is related to an episode of
John W. Smith (MT) ADDRESSES: You may submit comments
hypoglycemia; (3) that each individual
Roland Thenor (NY) bearing the Federal Docket Management
provide a copy of the ophthalmologist’s
Billy L. Wagner (IL) System (FDMS) Docket No. FMCSA–
or optometrist’s report to the medical
Steven L. Wear (ND) 2014–0386 using any of the following
examiner at the time of the annual
Jeffrey S. Wilkinson (IN) methods:
medical examination; and (4) that each
James T. Young (MI) • Federal eRulemaking Portal: Go to
individual provide a copy of the annual
David J. Zelhart (IL) www.regulations.gov. Follow the on-line
medical certification to the employer for
retention in the driver’s qualification In accordance with 49 U.S.C. 31136(e) instructions for submitting comments.
file, or keep a copy in his/her driver’s and 31315 each exemption is valid for • Mail: Docket Management Facility;
qualification file if he/she is self- two years unless revoked earlier by U.S. Department of Transportation, 1200
employed. The driver must also have a FMCSA. The exemption will be revoked New Jersey Avenue SE., West Building
copy of the certification when driving, if the following occurs: (1) The person Ground Floor, Room W12–140,
for presentation to a duly authorized fails to comply with the terms and Washington, DC 20590–0001.
Federal, State, or local enforcement conditions of the exemption; (2) the • Hand Delivery or Courier: West
official. exemption has resulted in a lower level Building Ground Floor, Room W12–140,
of safety than was maintained before it 1200 New Jersey Avenue SE.,
VI. Conclusion was granted; or (3) continuation of the Washington, DC, between 9 a.m. and 5
Based upon its evaluation of the 51 exemption would not be consistent with p.m., ET, Monday through Friday,
exemption applications, FMCSA the goals and objectives of 49 U.S.C. except Federal Holidays.
exempts the following drivers from the 31136(e) and 31315. If the exemption is • Fax: 1–202–493–2251.
diabetes requirement in 49 CFR still effective at the end of the 2-year Each submission must include the
391.41(b)(10), subject to the period, the person may apply to FMCSA Agency name and the docket numbers
requirements cited above 949 CFR for a renewal under procedures in effect for this notice. Note that all comments
391.64(b)): at that time. received will be posted without change
Timothy G. Baker (NE) Issued on: August 6, 2015. to www.regulations.gov, including any
Daniel E. Benes (WI) Larry W. Minor, personal information provided. Please
William E. Blake (TX) Associate Administrator for Policy. see the Privacy Act heading below for
Thomas M. Burns (NJ) further information.
[FR Doc. 2015–19793 Filed 8–11–15; 8:45 am]
George W. Cahall (DE) Docket: For access to the docket to
BILLING CODE 4910–EX–P
John T. Curry (TN) read background documents or
Willie D. Davis (IL) comments, go to www.regulations.gov at
Alan E. Dean (NE) DEPARTMENT OF TRANSPORTATION any time or Room W12–140 on the
Christopher A. DiCioccio (CT) ground level of the West Building, 1200
Johnny L. Emory (KS) Federal Motor Carrier Safety New Jersey Avenue SE., Washington,
Ike Gibbs (CA) Administration DC, between 9 a.m. and 5 p.m., ET,
Jospeh Gipson (KS) Monday through Friday, except Federal
[Docket No. FMCSA– 2014–0386] holidays. The FDMS is available 24
Juan Gomez Jr. (IA)
George A. Gross (NY) hours each day, 365 days each year. If
Qualification of Drivers; Application for
Herman L. Hall (NJ) you want acknowledgment that we
Exemptions; Hearing
Grover D. Johnson (NY) received your comments, please include
Bruce E. Johnston (CO) AGENCY: Federal Motor Carrier Safety a self-addressed, stamped envelope or
Francis D. Judd (MA) Administration (FMCSA), DOT. postcard or print the acknowledgement
mstockstill on DSK4VPTVN1PROD with NOTICES

William J. Kaszubski (IL) ACTION: Notice of applications for page that appears after submitting
George S. Kean (NH) exemptions; request for comments. comments on-line.
Jeffrey K. Lageson (MN) Privacy Act: In accordance with 5
Yehuda Lauber (NY) SUMMARY: FMCSA announces that 13 U.S.C. 553(c), DOT solicits comments
Rickie D. Leonard (WA) individuals have applied for a medical from the public to better inform its
Travis R. Mendenhall (OH) exemption from the hearing requirement rulemaking process. DOT posts these
Danny R. Middlebrooks (GA) in the Federal Motor Carrier Safety comments, without edit, including any
Kyle A. Mininger (AL) Regulations (FMCSRs). In accordance personal information the commenter

VerDate Sep<11>2014 18:16 Aug 11, 2015 Jkt 235001 PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 E:\FR\FM\12AUN1.SGM 12AUN1

Document Created: 2016-09-27 22:26:49
Document Modified: 2016-09-27 22:26:49

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 July 23, 2015. The exemptions expire on July 23, 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 48393

80 FR 48393 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 155 (August 12, 2015)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration