80 FR 59223 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 190 (October 1, 2015)

Page Range		59223-59224
FR Document		2015-24925

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 190 (Thursday, October 1, 2015)

[Federal Register Volume 80, Number 190 (Thursday, October 1, 2015)]
[Notices]
[Pages 59223-59224]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-24925]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2015-0062]


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 August 1, 2015. The exemptions 
expire on August 1, 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 July 1, 2015, FMCSA published a notice of receipt of Federal 
diabetes exemption applications from 49 individuals and requested 
comments from the public (80 FR 37719). The public comment period 
closed on July 31, 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).

Diabetes Mellitus and Driving Experience of the Applicants

    The Agency established the current requirement for diabetes in 1970

[[Page 59224]]

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 49 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 July 1, 2015, Federal Register 
notice and they will not be repeated in this notice.

III. Discussion of Comments

    FMCSA received one comment in this proceeding. The comment is 
addressed below.
    Joel Price stated that the exemptions should be granted if the 
drivers are able to prove that their conditions are stable and properly 
monitored.

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 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)):

Adele M. Aasen (ND)
Kyle E. Beine (WI)
Dean B. Bibens, Jr. (CT)
Joseph M. Blackwell (GA)
Joseph G. Blastick (SD)
Gary W. Boninsegna (OH)
Brian K. Bouma (MI)
Billy J. Bronson (OR)
Michael L. Campbell (NC)
Steven C. Cornell (PA)
Josiah L. Crestik (MN)
Richard L. Cunningham (NE)
Thomas M. Delasko (FL)
William T. Eason (NC)
Stefan D. Gall (MI)
Douglas J. Garrison (IA)
Charles F. Gollahon (OH)
Donald E. Gray (FL)
Daniel W. Gregory (NC)
Barry L. Grimes, Sr. (MD)
Dennis J. Grimm (DE)
Stephen G. Helmer (NE)
Kenneth P. Henry (WA)
Marco K. Higgs (OR)
Jeffrey T. Hunley (NC)
Colin S. Jackson (WA)
Dennis J. Klawes (WI)
John E. Marshall (PA)
Andrew Milite (NY)
Peter E. Mizialko (NJ)
Matthew E. Modlin (NC)
Michael I. Moore (IN)
Clyde S. Morgan (MN)
Richard M. Ohland (MN)
James D. Parrish (NC)
Justin D. Redding (MT)
Alex R. Rumph (MT)
Kenneth S. Schoenberger (PA)
Jarred E. Shawles (CA)
Charles M. Smith (PA)
Howard L. Smith (IL)
Jeffrey S. Snyder (PA)
Jerry L. Stevens (NE)
Todd Stover (PA)
Kevin G. Sundquist (MN)
David N. Tetlak (PA)
Dennis P. Walker, Jr. (OH)
Horace V. Watson (GA)
Jeremy W. Wolfe (MO)

    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: September 25, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-24925 Filed 9-30-15; 8:45 am]
BILLING CODE 4910-EX-P

59224 Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / Notices

because several risk studies indicated IV. Basis for Exemption Determination Kyle E. Beine (WI)
that drivers with diabetes had a higher Under 49 U.S.C. 31136(e) and 31315, Dean B. Bibens, Jr. (CT)
rate of crash involvement than the Joseph M. Blackwell (GA)
FMCSA may grant an exemption from
general population. The diabetes rule Joseph G. Blastick (SD)
the diabetes requirement in 49 CFR Gary W. Boninsegna (OH)
provides that ‘‘A person is physically 391.41(b)(3) if the exemption is likely to
qualified to drive a commercial motor Brian K. Bouma (MI)
achieve an equivalent or greater level of Billy J. Bronson (OR)
vehicle if that person has no established safety than would be achieved without Michael L. Campbell (NC)
medical history or clinical diagnosis of the exemption. The exemption allows Steven C. Cornell (PA)
diabetes mellitus currently requiring the applicants to operate CMVs in Josiah L. Crestik (MN)
insulin for control’’ (49 CFR interstate commerce. Richard L. Cunningham (NE)
391.41(b)(3)). To evaluate the effect of these Thomas M. Delasko (FL)
FMCSA established its diabetes exemptions on safety, FMCSA William T. Eason (NC)
exemption program, based on the considered medical reports about the Stefan D. Gall (MI)
Agency’s July 2000 study entitled ‘‘A applicants’ ITDM and vision, and Douglas J. Garrison (IA)
Report to Congress on the Feasibility of reviewed the treating endocrinologists’ Charles F. Gollahon (OH)
medical opinion related to the ability of Donald E. Gray (FL)
a Program to Qualify Individuals with
the driver to safely operate a CMV while Daniel W. Gregory (NC)
Insulin-Treated Diabetes Mellitus to Barry L. Grimes, Sr. (MD)
Operate in Interstate Commerce as using insulin.
Consequently, FMCSA finds that in Dennis J. Grimm (DE)
Directed by the Transportation Act for Stephen G. Helmer (NE)
the 21st Century.’’ The report concluded each case exempting these applicants Kenneth P. Henry (WA)
that a safe and practicable protocol to from the diabetes requirement in 49 CFR Marco K. Higgs (OR)
allow some drivers with ITDM to 391.41(b)(3) is likely to achieve a level Jeffrey T. Hunley (NC)
operate CMVs is feasible. The of safety equal to that existing without Colin S. Jackson (WA)
September 3, 2003 (68 FR 52441), the exemption. Dennis J. Klawes (WI)
Federal Register notice in conjunction V. Conditions and Requirements John E. Marshall (PA)
with the November 8, 2005 (70 FR Andrew Milite (NY)
The terms and conditions of the Peter E. Mizialko (NJ)
67777), Federal Register notice provides
exemption will be provided to the Matthew E. Modlin (NC)
the current protocol for allowing such
applicants in the exemption document Michael I. Moore (IN)
drivers to operate CMVs in interstate
and they include the following: (1) That Clyde S. Morgan (MN)
commerce. Richard M. Ohland (MN)
each individual submit a quarterly
These 49 applicants have had ITDM monitoring checklist completed by the James D. Parrish (NC)
over a range of one to 44 years. These treating endocrinologist as well as an Justin D. Redding (MT)
applicants report no severe annual checklist with a comprehensive Alex R. Rumph (MT)
hypoglycemic reactions resulting in loss medical evaluation; (2) that each Kenneth S. Schoenberger (PA)
of consciousness or seizure, requiring individual reports within 2 business Jarred E. Shawles (CA)
the assistance of another person, or days of occurrence, all episodes of Charles M. Smith (PA)
resulting in impaired cognitive function severe hypoglycemia, significant Howard L. Smith (IL)
that occurred without warning Jeffrey S. Snyder (PA)
complications, or inability to manage
symptoms, in the past 12 months and no Jerry L. Stevens (NE)
diabetes; also, any involvement in an Todd Stover (PA)
recurrent (2 or more) severe accident or any other adverse event in Kevin G. Sundquist (MN)
hypoglycemic episodes in the past 5 a CMV or personal vehicle, whether or David N. Tetlak (PA)
years. In each case, an endocrinologist not it is related to an episode of Dennis P. Walker, Jr. (OH)
verified that the driver has hypoglycemia; (3) that each individual Horace V. Watson (GA)
demonstrated a willingness to properly provide a copy of the ophthalmologist’s Jeremy W. Wolfe (MO)
monitor and manage his/her diabetes or optometrist’s report to the medical In accordance with 49 U.S.C. 31136(e)
mellitus, received education related to examiner at the time of the annual and 31315 each exemption is valid for
diabetes management, and is on a stable medical examination; and (4) that each two years unless revoked earlier by
insulin regimen. These drivers report no individual provide a copy of the annual FMCSA. The exemption will be revoked
other disqualifying conditions, medical certification to the employer for if the following occurs: (1) The person
including diabetes-related retention in the driver’s qualification fails to comply with the terms and
complications. Each meets the vision file, or keep a copy in his/her driver’s conditions of the exemption; (2) the
requirement at 49 CFR 391.41(b)(10). qualification file if he/she is self- exemption has resulted in a lower level
The qualifications and medical employed. The driver must also have a of safety than was maintained before it
condition of each applicant were stated copy of the certification when driving, was granted; or (3) continuation of the
and discussed in detail in the July 1, for presentation to a duly authorized exemption would not be consistent with
2015, Federal Register notice and they Federal, State, or local enforcement the goals and objectives of 49 U.S.C.
will not be repeated in this notice. official. 31136(e) and 31315. If the exemption is
VI. Conclusion still effective at the end of the 2-year
III. Discussion of Comments period, the person may apply to FMCSA
mstockstill on DSK4VPTVN1PROD with NOTICES6

Based upon its evaluation of the 49
FMCSA received one comment in this for a renewal under procedures in effect
exemption applications, FMCSA
proceeding. The comment is addressed at that time.
exempts the following drivers from the
below. diabetes requirement in 49 CFR Issued on: September 25, 2015.
Joel Price stated that the exemptions 391.41(b)(10), subject to the Larry W. Minor,
should be granted if the drivers are able requirements cited above 949 CFR Associate Administrator for Policy.
to prove that their conditions are stable 391.64(b)): [FR Doc. 2015–24925 Filed 9–30–15; 8:45 am]
and properly monitored. Adele M. Aasen (ND) BILLING CODE 4910–EX–P

VerDate Sep<11>2014 21:04 Sep 30, 2015 Jkt 238001 PO 00000 Frm 00092 Fmt 4703 Sfmt 9990 E:\FR\FM\01OCN1.SGM 01OCN1

Document Created: 2015-12-15 08:41:22
Document Modified: 2015-12-15 08:41:22

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 August 1, 2015. The exemptions expire on August 1, 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 59223

80 FR 59223 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 190 (October 1, 2015)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration