80 FR 60743 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 194 (October 7, 2015)

Page Range		60743-60744
FR Document		2015-25503

FMCSA confirms its decision to exempt 42 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 194 (Wednesday, October 7, 2015)

[Federal Register Volume 80, Number 194 (Wednesday, October 7, 2015)]
[Notices]
[Pages 60743-60744]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-25503]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2015-0058]


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 42 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 6, 2015. The exemptions 
expire on June 6, 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 6, 2015, FMCSA published a notice of receipt of Federal 
diabetes exemption applications from 42 individuals and requested 
comments from the public (80 FR 26133). The public comment period 
closed on June 5, 2015, and one comment was received.
    FMCSA has evaluated the eligibility of the 42 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 42 applicants have had ITDM over a range of one to 30 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 May 6, 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.
    Miguel Morales stated that he is in favor of granting the Federal 
diabetes exemptions to the drivers.

IV. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
from

[[Page 60744]]

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 42 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)):
Robert L. Adams (GA)
Steven D. Beale (WA)
Kevin N. Bigham (PA)
Eric B. Bratanich (WI)
Jeffry L. Bromby (CA)
Nicole E. Brown (VA)
Joel R. Currie (MN)
Vladimir Desyatnik (MA)
George C. Druzak (PA)
William L. Duncan (FL)
Colin K. Featherston (IN)
Leland R. Frazier, Jr. (GA)
Robert C. George (TX)
Louis E. Graves (MS)
Jeremiah D. Herbst (MD)
Loren G. Howard (AK)
John A. Irwin (IL)
Gregory M. Johnson (TX)
Calvin Jones (NC)
Marvin T. Kruse (SD)
Richard L. Langdon (NY)
William L. Marshall (FL)
William Martin (NY)
Phillip K. Miles (PA)
Mark R. Miller (IA)
Miguel A. Morales (NY)
David S. Navarro (MD)
Kevin L. Novotny (MN)
Michael D. Parsons (IN)
Amanda K. Perez-Littleton (NM)
Jerry L. Perry (OH)
Michael J. Peterson (MN)
John S. Pitfield (NC)
Manuel H. Plascencia (IL)
Thomas E. Ringstaff, Jr. (OH)
Edwin Rivera (NY)
Milton E. Sullivan (VA)
Patrick A. Tucker (CA)
John E. Vee (IA)
Russell A. Wilkins (VA)
William D. Willis (GA)
David A. Wolff (NY)
    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.

    Dated: September 29, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-25503 Filed 10-6-15; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Notices 60743

driver must comply with the terms and SUMMARY: FMCSA confirms its decision because several risk studies indicated
conditions of the exemption. This to exempt 42 individuals from its rule that drivers with diabetes had a higher
includes reporting any crashes or prohibiting persons with insulin-treated rate of crash involvement than the
accidents as defined in 49 CFR 390.5 diabetes mellitus (ITDM) from operating general population. The diabetes rule
and reporting all citations and commercial motor vehicles (CMVs) in provides that ‘‘A person is physically
convictions for disqualifying offenses interstate commerce. The exemptions qualified to drive a commercial motor
under 49 CFR part 383 and 49 CFR 391. enable these individuals to operate vehicle if that person has no established
CMVs in interstate commerce. medical history or clinical diagnosis of
Conclusion
DATES: The exemptions were effective diabetes mellitus currently requiring
The Agency is granting exemptions on June 6, 2015. The exemptions expire insulin for control’’ (49 CFR
from the hearing standard, 49 CFR on June 6, 2017. 391.41(b)(3)).
391.41(b)(11), to 14 individuals based FOR FURTHER INFORMATION CONTACT: FMCSA established its diabetes
on an evaluation of each driver’s safety Charles A. Horan, III, Director, Carrier, exemption program, based on the
experience. Safety analysis of Driver and Vehicle Safety Standards, Agency’s July 2000 study entitled ‘‘A
information relating to these 14 (202) 366–4001, fmcsamedical@dot.gov, Report to Congress on the Feasibility of
applicants meets the burden of showing FMCSA, Room W64–224, Department of a Program to Qualify Individuals with
that granting the exemptions would Transportation, 1200 New Jersey Insulin-Treated Diabetes Mellitus to
achieve a level of safety that is Avenue SE., Washington, DC 20590– Operate in Interstate Commerce as
equivalent to or greater than the level 0001. Office hours are from 8:30 a.m. to Directed by the Transportation Act for
that would be achieved without the 5 p.m., Monday through Friday, except the 21st Century.’’ The report concluded
exemption. In accordance with 49 Federal holidays. that a safe and practicable protocol to
U.S.C. 31315, each exemption will be allow some drivers with ITDM to
SUPPLEMENTARY INFORMATION:
valid for 2 years from the effective date operate CMVs is feasible. The
with annual recertification required I. Electronic Access September 3, 2003 (68 FR 52441),
unless revoked earlier by FMCSA. The You may see all the comments online Federal Register notice in conjunction
exemption will be revoked if the through the Federal Document with the November 8, 2005 (70 FR
following occurs: (1) The person fails to Management System (FDMS) at: http:// 67777), Federal Register notice provides
comply with the terms and conditions www.regulations.gov. the current protocol for allowing such
of the exemption; (2) the exemption has Docket: For access to the docket to drivers to operate CMVs in interstate
resulted in a lower level of safety than read background documents or commerce.
was maintained prior to being granted; comments, go to http:// These 42 applicants have had ITDM
or (3) continuation of the exemption www.regulations.gov and/or Room over a range of one to 30 years. These
would not be consistent with the goals W12–140 on the ground level of the applicants report no severe
and objectives of 49 U.S.C. 31136 and West Building, 1200 New Jersey Avenue hypoglycemic reactions resulting in loss
31315. SE., Washington, DC, between 9 a.m. of consciousness or seizure, requiring
FMCSA exempts the following 14 and 5 p.m., Monday through Friday, the assistance of another person, or
drivers for a period of 2 years from the except Federal holidays. resulting in impaired cognitive function
physical qualification standard Privacy Act: In accordance with 5 that occurred without warning
concerning hearing: Weston Tyler U.S.C. 553(c), DOT solicits comments symptoms, in the past 12 months and no
Arhurs (CA); Kevin Ray Ballard (TX); from the public to better inform its recurrent (2 or more) severe
Jeremy Wayne Brandyberry (NE); Scott rulemaking process. DOT posts these hypoglycemic episodes in the past 5
C. Friede (NE); Glenn E. Hivey (PA); comments, without edit, including any years. In each case, an endocrinologist
Jeremiah Putnam Hoagland (CO); Curtis personal information the commenter verified that the driver has
J. Horning (PA); Leroy Lynch (OH); provides, to www.regulations.gov, as demonstrated a willingness to properly
Floyd McClain, Jr. (FL); Christopher described in the system of records monitor and manage his/her diabetes
David McKenzie (TX); Kimothy Fred notice (DOT/ALL–14 FDMS), which can mellitus, received education related to
Mcleod (GA); Victor Morales-Contreras be reviewed at www.dot.gov/privacy. diabetes management, and is on a stable
(TX); Brandon Veronie, Sr. (LA); and insulin regimen. These drivers report no
II. Background
Anthony L. Witcher (MI). other disqualifying conditions,
Issued on: September 29, 2015.
On May 6, 2015, FMCSA published a including diabetes-related
notice of receipt of Federal diabetes complications. Each meets the vision
Larry W. Minor,
exemption applications from 42 requirement at 49 CFR 391.41(b)(10).
Associate Administrator for Policy.
individuals and requested comments The qualifications and medical
[FR Doc. 2015–25498 Filed 10–6–15; 8:45 am] from the public (80 FR 26133). The condition of each applicant were stated
BILLING CODE 4910–EX–P public comment period closed on June and discussed in detail in the May 6,
5, 2015, and one comment was received. 2015, Federal Register notice and they
FMCSA has evaluated the eligibility will not be repeated in this notice.
DEPARTMENT OF TRANSPORTATION of the 42 applicants and determined that
granting the exemptions to these III. Discussion of Comments
Federal Motor Carrier Safety
Administration individuals would achieve a level of FMCSA received one comment in this
asabaliauskas on DSK5VPTVN1PROD with NOTICES

safety equivalent to or greater than the proceeding. The comment is addressed
[FMCSA Docket No. FMCSA–2015–0058] level that would be achieved by below.
complying with the current regulation Miguel Morales stated that he is in
Qualification of Drivers; Exemption 49 CFR 391.41(b)(3). favor of granting the Federal diabetes
Applications; Diabetes Mellitus exemptions to the drivers.
Diabetes Mellitus and Driving
AGENCY: Federal Motor Carrier Safety Experience of the Applicants IV. Basis for Exemption Determination
Administration (FMCSA), DOT.
The Agency established the current Under 49 U.S.C. 31136(e) and 31315,
ACTION: Notice of final disposition.
requirement for diabetes in 1970 FMCSA may grant an exemption from

VerDate Sep<11>2014 18:12 Oct 06, 2015 Jkt 238001 PO 00000 Frm 00133 Fmt 4703 Sfmt 4703 E:\FR\FM\07OCN1.SGM 07OCN1

60744 Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Notices

the diabetes requirement in 49 CFR Nicole E. Brown (VA) DEPARTMENT OF TRANSPORTATION
391.41(b)(3) if the exemption is likely to Joel R. Currie (MN)
achieve an equivalent or greater level of Federal Motor Carrier Safety
Vladimir Desyatnik (MA) Administration
safety than would be achieved without
the exemption. The exemption allows George C. Druzak (PA)
[Docket No. FMCSA–2015–0115]
the applicants to operate CMVs in William L. Duncan (FL)
interstate commerce. Colin K. Featherston (IN) Qualification of Drivers; Exemption
To evaluate the effect of these Leland R. Frazier, Jr. (GA) Applications; Epilepsy and Seizure
exemptions on safety, FMCSA Disorders
considered medical reports about the Robert C. George (TX)
applicants’ ITDM and vision, and Louis E. Graves (MS) AGENCY: Federal Motor Carrier Safety
reviewed the treating endocrinologists’ Jeremiah D. Herbst (MD) Administration (FMCSA), DOT.
medical opinion related to the ability of Loren G. Howard (AK) ACTION: Notice of final disposition.
the driver to safely operate a CMV while
using insulin. John A. Irwin (IL) SUMMARY: FMCSA announces its
Consequently, FMCSA finds that in Gregory M. Johnson (TX) decision to grant requests from 10
each case exempting these applicants Calvin Jones (NC) individuals for exemptions from the
from the diabetes requirement in 49 CFR regulatory requirement that interstate
Marvin T. Kruse (SD)
391.41(b)(3) is likely to achieve a level commercial motor vehicle (CMV)
of safety equal to that existing without Richard L. Langdon (NY) drivers have ‘‘no established medical
the exemption. William L. Marshall (FL) history or clinical diagnosis of epilepsy
William Martin (NY) or any other condition which is likely
V. Conditions and Requirements to cause loss of consciousness or any
Phillip K. Miles (PA)
The terms and conditions of the loss of ability to control a CMV.’’ The
exemption will be provided to the Mark R. Miller (IA) regulation and the associated advisory
applicants in the exemption document Miguel A. Morales (NY) criteria published in the Code of Federal
and they include the following: (1) That David S. Navarro (MD) Regulations as the ‘‘Instructions for
each individual submit a quarterly Kevin L. Novotny (MN) Performing and Recording Physical
monitoring checklist completed by the Examinations’’ have resulted in
treating endocrinologist as well as an Michael D. Parsons (IN) numerous drivers being prohibited from
annual checklist with a comprehensive Amanda K. Perez-Littleton (NM) operating CMVs in interstate commerce
medical evaluation; (2) that each Jerry L. Perry (OH) based on the fact that they have had one
individual reports within 2 business Michael J. Peterson (MN) or more seizures and are taking anti-
days of occurrence, all episodes of seizure medication, rather than an
John S. Pitfield (NC)
severe hypoglycemia, significant individual analysis of their
complications, or inability to manage Manuel H. Plascencia (IL) circumstances by a qualified medical
diabetes; also, any involvement in an Thomas E. Ringstaff, Jr. (OH) examiner. The Agency concluded that
accident or any other adverse event in Edwin Rivera (NY) granting exemptions for these CMV
a CMV or personal vehicle, whether or Milton E. Sullivan (VA) drivers will provide a level of safety that
not it is related to an episode of is equivalent to or greater than the level
hypoglycemia; (3) that each individual Patrick A. Tucker (CA) of safety maintained without the
provide a copy of the ophthalmologist’s John E. Vee (IA) exemptions. FMCSA grants exemptions
or optometrist’s report to the medical Russell A. Wilkins (VA) that will allow these 10 individuals to
examiner at the time of the annual William D. Willis (GA) operate CMVs in interstate commerce
medical examination; and (4) that each for a 2-year period. The exemptions
individual provide a copy of the annual David A. Wolff (NY) preempt State laws and regulations and
medical certification to the employer for In accordance with 49 U.S.C. 31136(e) may be renewed.
retention in the driver’s qualification and 31315 each exemption is valid for DATES: The exemptions are effective
file, or keep a copy in his/her driver’s two years unless revoked earlier by October 7, 2015. The exemptions expire
qualification file if he/she is self- FMCSA. The exemption will be revoked on October 10, 2017.
employed. The driver must also have a if the following occurs: (1) The person
FOR FURTHER INFORMATION CONTACT:
copy of the certification when driving, fails to comply with the terms and
conditions of the exemption; (2) the Charles A. Horan, III, Director, Office of
for presentation to a duly authorized Carrier, Driver and Vehicle Safety, (202)
Federal, State, or local enforcement exemption has resulted in a lower level
of safety than was maintained before it 366–4001, or via email at
official. fmcsamedical@dot.gov, or by letter to
was granted; or (3) continuation of the
VI. Conclusion exemption would not be consistent with FMCSA, Department of Transportation,
Based upon its evaluation of the 42 the goals and objectives of 49 U.S.C. 1200 New Jersey Avenue SE., Room
exemption applications, FMCSA 31136(e) and 31315. If the exemption is W64–224, Washington, DC 20590–0001.
exempts the following drivers from the still effective at the end of the 2-year Office hours are 8:30 a.m. to 5 p.m.,
Monday through Friday, except Federal
asabaliauskas on DSK5VPTVN1PROD with NOTICES

diabetes requirement in 49 CFR period, the person may apply to FMCSA
391.41(b)(10), subject to the for a renewal under procedures in effect holidays.
requirements cited above 949 CFR at that time. SUPPLEMENTARY INFORMATION:
391.64(b)): Dated: September 29, 2015. A. Electronic Access
Robert L. Adams (GA)
Larry W. Minor, You may see all the comments online
Steven D. Beale (WA)
Kevin N. Bigham (PA) Associate Administrator for Policy. through the Federal Document
Eric B. Bratanich (WI) [FR Doc. 2015–25503 Filed 10–6–15; 8:45 am] Management System (FDMS) at: http://
Jeffry L. Bromby (CA) BILLING CODE 4910–EX–P www.regulations.gov.

VerDate Sep<11>2014 18:12 Oct 06, 2015 Jkt 238001 PO 00000 Frm 00134 Fmt 4703 Sfmt 4703 E:\FR\FM\07OCN1.SGM 07OCN1

Document Created: 2015-12-15 08:49:50
Document Modified: 2015-12-15 08:49:50

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 6, 2015. The exemptions expire on June 6, 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 60743

80 FR 60743 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 194 (October 7, 2015)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration