80 FR 79399 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 80, Issue 244 (December 21, 2015)
Federal Motor Carrier Safety Administration
Federal Register Volume 80, Issue 244 (December 21, 2015)
| Page Range | 79399-79401 | |
| FR Document | 2015-31980 |
[Federal Register Volume 80, Number 244 (Monday, December 21, 2015)] [Notices] [Pages 79399-79401] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-31980] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA-2015-0066] 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 54 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 September 17, 2015. The exemptions expire on September 17, 2017. FOR FURTHER INFORMATION CONTACT: Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m. e.t., 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. [[Page 79400]] II. Background On August 17, 2015, FMCSA published a notice of receipt of Federal diabetes exemption applications from 54 individuals and requested comments from the public (80 FR 49304). The public comment period closed on September 16, 2015, and no comments were received. FMCSA has evaluated the eligibility of the 54 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 54 applicants have had ITDM over a range of 1 to 36 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 August 17, 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 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 54 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)): Joshua E. Adkins (KS) Rosendo R. Amador (TX) Thomas A. Ardoin (LA) Richard L. Arsenault (TX) George H. Bonney, Jr. (NH) Paul M. Boucher (MI) Tiffany C. Carvalho (MN) Larry J. Christiansen (MN) Cynthia J. Claunch (NM) Stephen C. Crescentini (NJ) John J. D'Agostino (NJ) James R. Ditman (IN) Eric D. Egan (IL) Alva Eldridge (IL) Walter R. Elser (VT) Adam C. Exum (GA) Ryan S. Farrell (MA) Patrick F. Felix (WI) Gary M. Fosnaught (PA) Jermaine Galle (GA) Gary A. Gross (SD) Terry L. Guynes (MO) Colin W. Hale (NY) Clarence Hill (NY) Marcus Hughes (GA) Paul J. Lennon (IL) Michael C. Lewis (SD) Lon A. Mingo (MN) Robert L. Moberly (OR) Jason L. Montgomery (WA) John F. Mortieau (MT) Alexander Musalin (WA) Clark E. Najac (NY) Matthew S. Ness (WI) Andrew T. Oezer (MI) Vanja Pazin (OR) Troy A. Pearl (WA) Randell J. Pecenka (IA) Leonard M. Radford (IN) Jerry J. Rava (CA) Isaac E. Ridenour (NM) William J. Rixon, Jr. (NJ) Matias Rodriguez, Jr. (CT) William J. Schrade (CT) John W. Schwirian (PA) Shain L. Simpson (UT) Neil E. Smith (KS) Timothy R. Sobczynski (OH) Joey F. Starnes (AL) Joshua R. Stieb (CO) Donald L. Strand (MT) Rick L. Vosburg (CA) William G. Wressell (WA) Randy P. Young (IN) In accordance with 49 U.S.C. 31136(e) and 31315 each exemption is valid for [[Page 79401]] 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: December 9, 2015. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2015-31980 Filed 12-18-15; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 80, No. 244 / Monday, December 21, 2015 / Notices 79399
frequency remaining the same since that Chad Riemenschneider Dated: December 9, 2015.
time. His physician states that he is Larry W. Minor,
supportive of Mr. Mathis receiving an Mr. Riemenschneider is a 35 year-old Associate Administrator for Policy.
exemption. driver in Texas. He has a history of a
[FR Doc. 2015–31978 Filed 12–18–15; 8:45 am]
single seizure in 2011 related to a brain
Toriano T. Mitchell tumor. He takes anti-seizure medication BILLING CODE 4910–EX–P
Mr. Mitchell is a 32 year-old class B with the dosage and frequency
CDL holder in Ohio. He has a history of remaining the same since that time. His DEPARTMENT OF TRANSPORTATION
a seizure disorder and has remained physician states that he is supportive of
seizure free since 2003. He takes anti- Mr. Riemenschneider receiving an Federal Motor Carrier Safety
seizure medication with the dosage and exemption. Administration
frequency remaining the same since that Isaac E. Rogers
time. His physician states that he is [FMCSA Docket No. FMCSA–2015–0066]
supportive of Mr. Mitchell receiving an Mr. Rogers is a 29 year-old class A
exemption. CDL holder in Illinois. He has a history Qualification of Drivers; Exemption
of a seizure disorder and has remained Applications; Diabetes Mellitus
Thomas A. Mitman
seizure free since 2009. He takes anti-
seizure medication with the dosage and AGENCY: Federal Motor Carrier Safety
Mr. Mitman is a 58 year-old class A
frequency remaining the same since that Administration (FMCSA), DOT
CDL holder in New York. He has a
history of a seizure disorder and has time. His physician states that he is ACTION: Notice of final disposition.
remained seizure free since 1996. He supportive of Mr. Rogers receiving an
exemption. SUMMARY: FMCSA confirms its decision
takes anti-seizure medication with the
to exempt 54 individuals from its rule
dosage and frequency remaining the
Tyler W. Schaefor prohibiting persons with insulin-treated
same since that time. His physician
diabetes mellitus (ITDM) from operating
states that he is supportive of Mr. Mr. Schaefor is a 34 year-old driver in commercial motor vehicles (CMVs) in
Mitman receiving an exemption. Maine. He has a history of a seizure interstate commerce. The exemptions
James P. Murphy disorder and has remained seizure free enable these individuals to operate
since 2003. He takes anti-seizure CMVs in interstate commerce.
Mr. Murphy is a 39 year-old driver in medication with the dosage and
Massachusetts. He has a history of a DATES: The exemptions were effective
frequency remaining the same since
single seizure and tumor removal in on September 17, 2015. The exemptions
2008. His physician states that he is
2011. He was previously on anti-seizure expire on September 17, 2017.
supportive of Mr. Schaefor receiving an
medication but discontinued it 2015. exemption. FOR FURTHER INFORMATION CONTACT:
His physician states that he is Christine A. Hydock, Chief, Medical
supportive of Mr. Murphy receiving an Kenneth P. Schmitt Programs Division, (202) 366–4001,
exemption. fmcsamedical@dot.gov, FMCSA,
Mr. Schmitt is a 38 year-old driver in Department of Transportation, 1200
Jason Christopher Nikolas South Dakota. He has a history of a New Jersey Avenue SE., Room W64–
seizure disorder and his last seizure 113, Washington, DC 20590–0001.
Mr. Nikolas is a 42 year-old driver in
date is not documented. He takes anti- Office hours are from 8:30 a.m. to 5 p.m.
Virginia. He has a history of epilepsy
seizure medication with the dosage and e.t., Monday through Friday, except
and has remained seizure free since
frequency remaining the same and his Federal holidays.
2012. He takes anti-seizure medication
physician notes that Mr. Schmitt admits
with the dosage and frequency SUPPLEMENTARY INFORMATION:
to occasional anti-seizure medication
remaining the same since that time. His
noncompliance. His physician states I. Electronic Access
physician states that he is supportive of
that he is supportive of Mr. Schmittt
Mr. Nikolas receiving an exemption. You may see all the comments online
receiving an exemption.
through the Federal Document
Curtis Joseph Palubicki
Alfonso Valdivieso Management System (FDMS) at: http://
Mr. Palubicki is a 29 year-old driver www.regulations.gov.
in Minnesota. He has a history of Mr. Valdivieso is a 52 year-old class Docket: For access to the docket to
epilepsy and has remained seizure free A CDL holder in New York. He has a read background documents or
since September 2008. He takes anti- history of a seizure disorder and has comments, go to http://
seizure medication with the dosage and remained seizure free since 2011. He www.regulations.gov and/or Room
frequency remaining the same since that takes anti-seizure medication with the W12–140 on the ground level of the
time. His physician states that he is dosage and frequency remaining the West Building, 1200 New Jersey Avenue
supportive of Mr. Palubicki receiving an same since that time. His physician SE., Washington, DC, between 9 a.m.
exemption. states that he is supportive of Mr. and 5 p.m., Monday through Friday,
Valdivieso receiving an exemption. except Federal holidays.
Franklin Prettyman
Request for Comments Privacy Act: In accordance with 5
Mr. Prettyman is a 77 year-old driver U.S.C. 553(c), DOT solicits comments
mstockstill on DSK4VPTVN1PROD with NOTICES
in Maryland. He has a history of a In accordance with 49 U.S.C. 31315 from the public to better inform its
seizure disorder and has remained and 31136(e), FMCSA requests public rulemaking process. DOT posts these
seizure free since 2012. He takes anti- comment from all interested persons on comments, without edit, including any
seizure medication with the dosage and the exemption applications described in personal information the commenter
frequency remaining the same since that this notice. We will consider all provides, to www.regulations.gov, as
time. His physician states that he is comments received before the close of described in the system of records
supportive of Mr. Prettyman receiving business on the closing date indicated notice (DOT/ALL–14 FDMS), which can
an exemption. earlier in the notice. be reviewed at www.dot.gov/privacy.
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![Federal Register / Vol. 80, No. 244 / Monday, December 21, 2015 / Notices 79401
two years unless revoked earlier by West Building, 1200 New Jersey Avenue applicants report no severe
FMCSA. The exemption will be revoked SE., Washington, DC, between 9 a.m. hypoglycemic reactions resulting in loss
if the following occurs: (1) The person and 5 p.m., Monday through Friday, of consciousness or seizure, requiring
fails to comply with the terms and except Federal holidays. the assistance of another person, or
conditions of the exemption; (2) the Privacy Act: In accordance with 5 resulting in impaired cognitive function
exemption has resulted in a lower level U.S.C. 553(c), DOT solicits comments that occurred without warning
of safety than was maintained before it from the public to better inform its symptoms, in the past 12 months and no
was granted; or (3) continuation of the rulemaking process. DOT posts these recurrent (2 or more) severe
exemption would not be consistent with comments, without edit, including any hypoglycemic episodes in the past 5
the goals and objectives of 49 U.S.C. personal information the commenter years. In each case, an endocrinologist
31136(e) and 31315. If the exemption is provides, to www.regulations.gov, as verified that the driver has
still effective at the end of the 2-year described in the system of records demonstrated a willingness to properly
period, the person may apply to FMCSA notice (DOT/ALL–14 FDMS), which can monitor and manage his/her diabetes
for a renewal under procedures in effect be reviewed at www.dot.gov/privacy. mellitus, received education related to
at that time. II. Background diabetes management, and is on a stable
Issued on: December 9, 2015. insulin regimen. These drivers report no
On October 1, 2015, FMCSA other disqualifying conditions,
Larry W. Minor, published a notice of receipt of Federal including diabetes-related
Associate Administrator for Policy. diabetes exemption applications from complications. Each meets the vision
[FR Doc. 2015–31980 Filed 12–18–15; 8:45 am] 52 individuals and requested comments requirement at 49 CFR 391.41(b)(10).
BILLING CODE 4910–EX–P from the public (80 FR 59237). The The qualifications and medical
public comment period closed on condition of each applicant were stated
November 2, 2015, and no comments and discussed in detail in the October
DEPARTMENT OF TRANSPORTATION were received. 1, 2015, Federal Register notice and
FMCSA has evaluated the eligibility they will not be repeated in this notice.
Federal Motor Carrier Safety of the 52 applicants and determined that
Administration granting the exemptions to these III. Discussion of Comments
[FMCSA Docket No. FMCSA–2015–0067] 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 52 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 November 3, 2015. The exemptions diabetes mellitus currently requiring medical opinion related to the ability of
expire on November 3, 2017. insulin for control’’ (49 CFR the driver to safely operate a CMV while
FOR FURTHER INFORMATION CONTACT: 391.41(b)(3)). using insulin.
Christine A. Hydock, Chief, Medical FMCSA established its diabetes Consequently, FMCSA finds that in
Programs Division, (202) 366–4001, exemption program, based on the each case exempting these applicants
fmcsamedical@dot.gov, FMCSA, Agency’s July 2000 study entitled ‘‘A from the diabetes requirement in 49 CFR
Department of Transportation, 1200 Report to Congress on the Feasibility of 391.41(b)(3) is likely to achieve a level
New Jersey Avenue SE., Room W64– a Program to Qualify Individuals with of safety equal to that existing without
113, Washington, DC 20590–0001. Insulin-Treated Diabetes Mellitus to the exemption.
Office hours are from 8:30 a.m. to 5 p.m. Operate in Interstate Commerce as
e.t., 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 NOTICES
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 52 applicants have had ITDM severe hypoglycemia, significant
W12–140 on the ground level of the over a range of 1 to 40 years. These complications, or inability to manage
VerDate Sep<11>2014 17:38 Dec 18, 2015 Jkt 238001 PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 E:\FR\FM\21DEN1.SGM 21DEN1](https://thefederalregister.org/doc/80_FR_79643/page/3.svg)
Document Created: 2015-12-19 02:57:42
Document Modified: 2015-12-19 02:57:42
| 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 September 17, 2015. The exemptions expire on September 17, 2017. | |
| Contact | Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m. e.t., Monday through Friday, except Federal holidays. | |
| FR Citation | 80 FR 79399 |
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