80 FR 59229 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 80, Issue 190 (October 1, 2015)
Federal Motor Carrier Safety Administration
Federal Register Volume 80, Issue 190 (October 1, 2015)
| Page Range | 59229-59230 | |
| FR Document | 2015-24924 |
[Federal Register Volume 80, Number 190 (Thursday, October 1, 2015)] [Notices] [Pages 59229-59230] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-24924] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA-2015-0063] 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 58 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 15, 2015. The exemptions expire on August 15, 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 15, 2015, FMCSA published a notice of receipt of Federal diabetes exemption applications from 58 individuals and requested comments from the public (80 FR 41550). The public comment period closed on August 14, 2015, and no comments were received. FMCSA has evaluated the eligibility of the 58 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 58 applicants have had ITDM over a range of one to 50 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 15, 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. 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 [[Page 59230]] 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 58 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)): James D. Acker (OR) Henry Andreoli (MA) Jonathan A. Boston (NY) James G. Bracegirdle (GA) Richard T. Bray (TX) Joseph C. Brewster (VA) Bradley R. Brown (NH) Steven G. Brown (MN) Annette F. Bryant (CA) Brian G. Carter (GA) Daniel B. Craig (OR) Willie L. Davis (MS) Sean W. Dempsey (OH) Patrick L. Feely (MN) Garry W. Garrison (WI) James Genello (NJ) John T. Gorman (NJ) Gabriel L. Grooms (WA) Joel K. Hawkins (IL) William H. Hudgens, Jr. (TX) Gary L. Hulslander (PA) Daniel E. Jackowski (WI) Alan J. Jeffrey (CT) John W. Johnson (TN) Samuel S. Johnson (WI) Thomas R. Keaton (MO) Charles A. Kelley (IA) Omer E. King (PA) Eric R. Knutson (MN) Bruce E. Koehn (KS) Douglas L. Kugler (MN) John G. Leutze, Jr. (NY) Hershel McIntosh (KY) Andrew S. McKinney (MN) Michael L. Medina (CO) Douglas D. Miller (WY) Dallas W. Minton (IN) Ronnie R. Parker (ME) Robert F. Perez (PA) Ray E. Phipps (IL) Bruce F. Sanderson (LA) Raymond Santiago (NJ) Travis D. Shadden (IN) Randy S. Steinbach (WA) Bradley D. Stillman (AZ) Paul R. Thorkelson (MN) Michael J. Toth (PA) Christopher O. Trent (KS) Charles H. Turner (WI) Jesse W. Turner (MI) Donavan A. Van Houten (WA) Matt S. Volk (NE) Daniel M. Waldner (ND) Carlton G. Watson (MD) Timothy L. Wilkinson (OH) Catherine A. Willcox (CT) Kenneth P. Wing (MI) Timothy W. Young (PA) 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. 2015-24924 Filed 9-30-15; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / Notices 59229
comments received before the close of West Building, 1200 New Jersey Avenue applicants report no severe
business November 2, 2015. Comments SE., Washington, DC, between 9 a.m. hypoglycemic reactions resulting in loss
will be available for examination in the and 5 p.m., Monday through Friday, of consciousness or seizure, requiring
docket at the location listed under the except Federal holidays. the assistance of another person, or
ADDRESSES section of this notice. The Privacy Act: In accordance with 5 resulting in impaired cognitive function
Agency will file comments received U.S.C. 553(c), DOT solicits comments that occurred without warning
after the comment closing date in the from the public to better inform its symptoms, in the past 12 months and no
public docket, and will consider them to rulemaking process. DOT posts these recurrent (2 or more) severe
the extent practicable. In addition to late comments, without edit, including any hypoglycemic episodes in the past 5
comments, FMCSA will also continue to personal information the commenter years. In each case, an endocrinologist
file, in the public docket, relevant provides, to www.regulations.gov, as verified that the driver has
information that becomes available after described in the system of records demonstrated a willingness to properly
the comment closing date. Interested notice (DOT/ALL–14 FDMS), which can monitor and manage his/her diabetes
persons should monitor the public be reviewed at www.dot.gov/privacy. mellitus, received education related to
docket for new material. II. Background diabetes management, and is on a stable
Issued on: September 25, 2015. insulin regimen. These drivers report no
On July 15, 2015, FMCSA published other disqualifying conditions,
Larry W. Minor, a notice of receipt of Federal diabetes including diabetes-related
Associate Administrator for Policy. exemption applications from 58 complications. Each meets the vision
[FR Doc. 2015–24923 Filed 9–30–15; 8:45 am] individuals and requested comments requirement at 49 CFR 391.41(b)(10).
BILLING CODE 4910–EX–P from the public (80 FR 41550). The The qualifications and medical
public comment period closed on condition of each applicant were stated
August 14, 2015, and no comments were and discussed in detail in the July 15,
DEPARTMENT OF TRANSPORTATION received. 2015, Federal Register notice and they
FMCSA has evaluated the eligibility will not be repeated in this notice.
Federal Motor Carrier Safety of the 58 applicants and determined that
Administration granting the exemptions to these III. Discussion of Comments
[FMCSA Docket No. FMCSA–2015–0063] individuals would achieve a level of FMCSA received no comments in this
safety equivalent to or greater than the proceeding.
Qualification of Drivers; Exemption level that would be achieved by
Applications; Diabetes Mellitus complying with the current regulation IV. Basis for Exemption Determination
49 CFR 391.41(b)(3). Under 49 U.S.C. 31136(e) and 31315,
AGENCY: Federal Motor Carrier Safety FMCSA may grant an exemption from
Administration (FMCSA), DOT. Diabetes Mellitus and Driving
the diabetes requirement in 49 CFR
ACTION: Notice of final disposition. Experience of the Applicants
391.41(b)(3) if the exemption is likely to
The Agency established the current achieve an equivalent or greater level of
SUMMARY: FMCSA confirms its decision requirement for diabetes in 1970
to exempt 58 individuals from its rule safety than would be achieved without
because several risk studies indicated the exemption. The exemption allows
prohibiting persons with insulin-treated that drivers with diabetes had a higher
diabetes mellitus (ITDM) from operating the applicants to operate CMVs in
rate of crash involvement than the interstate commerce.
commercial motor vehicles (CMVs) in general population. The diabetes rule To evaluate the effect of these
interstate commerce. The exemptions provides that ‘‘A person is physically exemptions on safety, FMCSA
enable these individuals to operate qualified to drive a commercial motor considered medical reports about the
CMVs in interstate commerce. vehicle if that person has no established applicants’ ITDM and vision, and
DATES: The exemptions were effective medical history or clinical diagnosis of reviewed the treating endocrinologists’
on August 15, 2015. The exemptions diabetes mellitus currently requiring medical opinion related to the ability of
expire on August 15, 2017. insulin for control’’ (49 CFR the driver to safely operate a CMV while
FOR FURTHER INFORMATION CONTACT: 391.41(b)(3)). using insulin.
Charles A. Horan, III, Director, Carrier, FMCSA established its diabetes Consequently, FMCSA finds that in
Driver and Vehicle Safety Standards, exemption program, based on the each case exempting these applicants
(202) 366–4001, fmcsamedical@dot.gov, Agency’s July 2000 study entitled ‘‘A from the diabetes requirement in 49 CFR
FMCSA, Room W64–224, Department of Report to Congress on the Feasibility of 391.41(b)(3) is likely to achieve a level
Transportation, 1200 New Jersey a Program to Qualify Individuals with of safety equal to that existing without
Avenue SE., Washington, DC 20590– Insulin-Treated Diabetes Mellitus to the exemption.
0001. Office hours are from 8:30 a.m. to Operate in Interstate Commerce as
5 p.m., Monday through Friday, except Directed by the Transportation Act for V. Conditions and Requirements
Federal holidays. the 21st Century.’’ The report concluded The terms and conditions of the
SUPPLEMENTARY INFORMATION: that a safe and practicable protocol to exemption will be provided to the
allow some drivers with ITDM to applicants in the exemption document
I. Electronic Access operate CMVs is feasible. The and they include the following: (1) That
You may see all the comments online September 3, 2003 (68 FR 52441), each individual submit a quarterly
mstockstill on DSK4VPTVN1PROD with NOTICES6
through the Federal Document Federal Register notice in conjunction monitoring checklist completed by the
Management System (FDMS) at: http:// with the November 8, 2005 (70 FR treating endocrinologist as well as an
www.regulations.gov. 67777), Federal Register notice provides annual checklist with a comprehensive
Docket: For access to the docket to the current protocol for allowing such medical evaluation; (2) that each
read background documents or drivers to operate CMVs in interstate individual reports within 2 business
comments, go to http:// commerce. days of occurrence, all episodes of
www.regulations.gov and/or Room These 58 applicants have had ITDM severe hypoglycemia, significant
W12–140 on the ground level of the over a range of one to 50 years. These complications, or inability to manage
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![59230 Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / Notices
diabetes; also, any involvement in an Raymond Santiago (NJ) qualify as drivers of commercial motor
accident or any other adverse event in Travis D. Shadden (IN) vehicles (CMVs) in interstate commerce.
a CMV or personal vehicle, whether or Randy S. Steinbach (WA) DATES: Comments must be received on
not it is related to an episode of Bradley D. Stillman (AZ) or before November 2, 2015. All
hypoglycemia; (3) that each individual Paul R. Thorkelson (MN) comments will be investigated by
provide a copy of the ophthalmologist’s Michael J. Toth (PA) FMCSA. The exemptions will be issued
or optometrist’s report to the medical Christopher O. Trent (KS) the day after the comment period closes.
examiner at the time of the annual Charles H. Turner (WI) ADDRESSES: You may submit comments
medical examination; and (4) that each Jesse W. Turner (MI) bearing the Federal Docket Management
individual provide a copy of the annual Donavan A. Van Houten (WA) System (FDMS) Docket No. FMCSA–
medical certification to the employer for Matt S. Volk (NE) 2015–0056 using any of the following
retention in the driver’s qualification Daniel M. Waldner (ND) methods:
file, or keep a copy in his/her driver’s Carlton G. Watson (MD) • Federal eRulemaking Portal: Go to
qualification file if he/she is self- Timothy L. Wilkinson (OH) http://www.regulations.gov. Follow the
employed. The driver must also have a Catherine A. Willcox (CT) on-line instructions for submitting
copy of the certification when driving, Kenneth P. Wing (MI) comments.
for presentation to a duly authorized Timothy W. Young (PA) • Mail: Docket Management Facility;
Federal, State, or local enforcement In accordance with 49 U.S.C. 31136(e) U.S. Department of Transportation, 1200
official. and 31315 each exemption is valid for New Jersey Avenue SE., West Building
VI. Conclusion two years unless revoked earlier by Ground Floor, Room W12–140,
FMCSA. The exemption will be revoked Washington, DC 20590–0001.
Based upon its evaluation of the 58 if the following occurs: (1) The person • Hand Delivery: West Building
exemption applications, FMCSA fails to comply with the terms and Ground Floor, Room W12–140, 1200
exempts the following drivers from the conditions of the exemption; (2) the New Jersey Avenue SE., Washington,
diabetes requirement in 49 CFR exemption has resulted in a lower level DC, between 9 a.m. and 5 p.m., Monday
391.41(b)(10), subject to the of safety than was maintained before it through Friday, except Federal
requirements cited above 949 CFR was granted; or (3) continuation of the Holidays.
391.64(b)): exemption would not be consistent with • Fax: 1–202–493–2251.
James D. Acker (OR) the goals and objectives of 49 U.S.C. Instructions: Each submission must
Henry Andreoli (MA) 31136(e) and 31315. If the exemption is include the Agency name and the
Jonathan A. Boston (NY) still effective at the end of the 2-year docket numbers for this notice. Note
James G. Bracegirdle (GA) period, the person may apply to FMCSA that all comments received will be
Richard T. Bray (TX) for a renewal under procedures in effect posted without change to http://
Joseph C. Brewster (VA) at that time. www.regulations.gov, including any
Bradley R. Brown (NH) personal information provided. Please
Issued on: September 25, 2015.
Steven G. Brown (MN) see the Privacy Act heading below for
Annette F. Bryant (CA) Larry W. Minor,
further information.
Brian G. Carter (GA) Associate Administrator for Policy.
Docket: For access to the docket to
Daniel B. Craig (OR) [FR Doc. 2015–24924 Filed 9–30–15; 8:45 am]
read background documents or
Willie L. Davis (MS) BILLING CODE 4910–EX–P comments, go to http://
Sean W. Dempsey (OH) www.regulations.gov at any time or
Patrick L. Feely (MN) Room W12–140 on the ground level of
Garry W. Garrison (WI) DEPARTMENT OF TRANSPORTATION the West Building, 1200 New Jersey
James Genello (NJ) Avenue SE., Washington, DC, between 9
John T. Gorman (NJ) Federal Motor Carrier Safety
Administration a.m. and 5 p.m., Monday through
Gabriel L. Grooms (WA) Friday, except Federal holidays. The
Joel K. Hawkins (IL) [Docket No. FMCSA–2015–0056] FDMS is available 24 hours each day,
William H. Hudgens, Jr. (TX)
365 days each year. If you want
Gary L. Hulslander (PA) Qualification of Drivers; Exemption acknowledgment that we received your
Daniel E. Jackowski (WI) Applications; Vision comments, please include a self-
Alan J. Jeffrey (CT)
AGENCY: Federal Motor Carrier Safety addressed, stamped envelope or
John W. Johnson (TN)
Samuel S. Johnson (WI) Administration (FMCSA), DOT. postcard or print the acknowledgement
Thomas R. Keaton (MO) ACTION: Notice of applications for
page that appears after submitting
Charles A. Kelley (IA) exemptions; request for comments. comments on-line.
Omer E. King (PA) Privacy Act: In accordance with 5
Eric R. Knutson (MN) SUMMARY: FMCSA announces receipt of U.S.C. 553(c), DOT solicits comments
Bruce E. Koehn (KS) applications from 59 individuals for from the public to better inform its
Douglas L. Kugler (MN) exemption from the vision requirement rulemaking process. DOT posts these
John G. Leutze, Jr. (NY) in the Federal Motor Carrier Safety comments, without edit, including any
Hershel McIntosh (KY) Regulations. They are unable to meet personal information the commenter
mstockstill on DSK4VPTVN1PROD with NOTICES6
Andrew S. McKinney (MN) the vision requirement in one eye for provides, to www.regulations.gov, as
Michael L. Medina (CO) various reasons. The exemptions will described in the system of records
Douglas D. Miller (WY) enable these individuals to operate notice (DOT/ALL–14 FDMS), which can
Dallas W. Minton (IN) commercial motor vehicles (CMVs) in be reviewed at www.dot.gov/privacy.
Ronnie R. Parker (ME) interstate commerce without meeting FOR FURTHER INFORMATION CONTACT:
Robert F. Perez (PA) the prescribed vision requirement in Charles A. Horan, III, Director, Carrier,
Ray E. Phipps (IL) one eye. If granted, the exemptions Driver and Vehicle Safety Standards,
Bruce F. Sanderson (LA) would enable these individuals to (202) 366–4001, fmcsamedical@dot.gov,
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Document Created: 2015-12-15 08:40:31
Document Modified: 2015-12-15 08:40:31
| 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 15, 2015. The exemptions expire on August 15, 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 59229 |
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