80 FR 79401 - 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 | 79401-79402 | |
| FR Document | 2015-31981 |
[Federal Register Volume 80, Number 244 (Monday, December 21, 2015)] [Notices] [Pages 79401-79402] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-31981] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA-2015-0067] 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 52 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 November 3, 2015. The exemptions expire on November 3, 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. II. Background On October 1, 2015, FMCSA published a notice of receipt of Federal diabetes exemption applications from 52 individuals and requested comments from the public (80 FR 59237). The public comment period closed on November 2, 2015, and no comments were received. FMCSA has evaluated the eligibility of the 52 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 52 applicants have had ITDM over a range of 1 to 40 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 October 1, 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 79402]] 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 52 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)): Melvin S. Adams (MD) Kevin R. Arnett (MO) David A. Ash (KS) Louis Barrios (NV) Robert W. Brown (TN) Gallaspy C. Chapman (CO) Frederick R. Conner (PA) Charles A. Culler (OH) Allan E. Dover (ID) Warren L. Duncan (ME) Larry D. Everett (CA) James Ferrone (PA) Kenneth C. Fosdick (OH) Mark J. Greig (OR) Todd E. Gross (WI) Ricky V. Hoffman (KS) Bernis Hursey (MD) Gary A. Jackson (PA) Wayne O. Jennings (KS) Rocky N. Kennedy, Jr. (WV) Larian A. Koger (NC) Donald L. Kuhn (PA) Richard C. Lakas (MO) Amondo D. Lark (FL) Walter L. Loyd, Jr. (IL) Daniel T. Morse (MA) Deborah C. Neece (NC) Paul Neville (NJ) Thomas M. Nicolaus (IA) James D. Rast, III (SC) Kevin B. Reese (FL) Andrew R.W. Rictor (OR) Jason K. Riley (WV) Bryan N. Ripley (MN) David C. Ripley (WA) Scottie L. Russell (NY) Jerome A. Shapiro (AL) Joseph D. Shehan (NC) Amanda K. Shelman (IA) Michael Shuler (DC) Joseph A. Sitarchyk (PA) Max F. Smith (IA) Vann H. Smith (AL) Donald Snead (GA) Arron L. Snook (WA) John L. Stauffer (IA) David L. Stephenson (SD) Timothy R. Stirn (MD) Connie E. Wideman (FL) Gary W. Wood (AR) Richard O. Yethman (MA) Willard Zylstra (CA) 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: December 9, 2015. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2015-31981 Filed 12-18-15; 8:45 am] BILLING CODE 4910-EX-P
![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
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![79402 Federal Register / Vol. 80, No. 244 / Monday, December 21, 2015 / Notices
diabetes; also, any involvement in an Max F. Smith (IA) on-line instructions for submitting
accident or any other adverse event in Vann H. Smith (AL) comments.
a CMV or personal vehicle, whether or Donald Snead (GA) • Mail: Docket Management Facility;
not it is related to an episode of Arron L. Snook (WA) U.S. Department of Transportation, 1200
hypoglycemia; (3) that each individual John L. Stauffer (IA) New Jersey Avenue SE., West Building
provide a copy of the ophthalmologist’s David L. Stephenson (SD) Ground Floor, Room W12–140,
or optometrist’s report to the medical Timothy R. Stirn (MD) Washington, DC 20590–0001.
examiner at the time of the annual Connie E. Wideman (FL) • Hand Delivery: West Building
medical examination; and (4) that each Gary W. Wood (AR) Ground Floor, Room W12–140, 1200
individual provide a copy of the annual Richard O. Yethman (MA) New Jersey Avenue SE., Washington,
medical certification to the employer for Willard Zylstra (CA) DC, between 9 a.m. and 5 p.m., Monday
retention in the driver’s qualification In accordance with 49 U.S.C. 31136(e) through Friday, except Federal
file, or keep a copy in his/her driver’s and 31315 each exemption is valid for Holidays.
qualification file if he/she is self- two years unless revoked earlier by • Fax: 1–202–493–2251.
employed. The driver must also have a FMCSA. The exemption will be revoked Instructions: Each submission must
copy of the certification when driving, if the following occurs: (1) The person include the Agency name and the
for presentation to a duly authorized fails to comply with the terms and docket numbers for this notice. Note
Federal, State, or local enforcement conditions of the exemption; (2) the that all comments received will be
official. exemption has resulted in a lower level posted without change to http://
of safety than was maintained before it www.regulations.gov, including any
VI. Conclusion was granted; or (3) continuation of the personal information provided. Please
Based upon its evaluation of the 52 exemption would not be consistent with see the Privacy Act heading below for
exemption applications, FMCSA the goals and objectives of 49 U.S.C. further information.
exempts the following drivers from the 31136(e) and 31315. If the exemption is Docket: For access to the docket to
diabetes requirement in 49 CFR still effective at the end of the 2-year read background documents or
391.41(b)(10), subject to the period, the person may apply to FMCSA comments, go to http://
requirements cited above 949 CFR for a renewal under procedures in effect www.regulations.gov at any time or
391.64(b)): at that time. Room W12–140 on the ground level of
Melvin S. Adams (MD) Issued on: December 9, 2015. the West Building, 1200 New Jersey
Kevin R. Arnett (MO) Larry W. Minor, Avenue SE., Washington, DC, between 9
David A. Ash (KS) Associate Administrator for Policy. a.m. and 5 p.m., Monday through
Louis Barrios (NV) [FR Doc. 2015–31981 Filed 12–18–15; 8:45 am]
Friday, except Federal holidays. The
Robert W. Brown (TN) Federal Docket Management System
BILLING CODE 4910–EX–P
Gallaspy C. Chapman (CO) (FDMS) is available 24 hours each day,
Frederick R. Conner (PA) 365 days each year. If you want
Charles A. Culler (OH) DEPARTMENT OF TRANSPORTATION acknowledgment that we received your
Allan E. Dover (ID) comments, please include a self-
Warren L. Duncan (ME) Federal Motor Carrier Safety addressed, stamped envelope or
Larry D. Everett (CA) Administration postcard or print the acknowledgement
James Ferrone (PA) page that appears after submitting
Kenneth C. Fosdick (OH) [Docket No. FMCSA–2015–0339]
comments on-line.
Mark J. Greig (OR) Privacy Act: In accordance with 5
Todd E. Gross (WI) Qualification of Drivers; Exemption
Applications; Diabetes Mellitus U.S.C. 553(c), DOT solicits comments
Ricky V. Hoffman (KS) from the public to better inform its
Bernis Hursey (MD) AGENCY: Federal Motor Carrier Safety rulemaking process. DOT posts these
Gary A. Jackson (PA) Administration (FMCSA). comments, without edit, including any
Wayne O. Jennings (KS) ACTION: Notice of applications for personal information the commenter
Rocky N. Kennedy, Jr. (WV) exemptions; request for comments. provides, to www.regulations.gov, as
Larian A. Koger (NC) described in the system of records
Donald L. Kuhn (PA) SUMMARY: FMCSA announces receipt of notice (DOT/ALL–14 FDMS), which can
Richard C. Lakas (MO) applications from 56 individuals for be reviewed at www.dot.gov/privacy.
Amondo D. Lark (FL) exemption from the prohibition against FOR FURTHER INFORMATION CONTACT:
Walter L. Loyd, Jr. (IL) persons with insulin-treated diabetes
Daniel T. Morse (MA) Christine A. Hydock, Chief, Medical
mellitus (ITDM) operating commercial Programs Division, (202) 366–4001,
Deborah C. Neece (NC) motor vehicles (CMVs) in interstate
Paul Neville (NJ) fmcsamedical@dot.gov, FMCSA,
commerce. If granted, the exemptions Department of Transportation, 1200
Thomas M. Nicolaus (IA) would enable these individuals with
James D. Rast, III (SC) New Jersey Avenue SE., Room W64–
ITDM to operate CMVs in interstate 113, Washington, DC 20590–0001.
Kevin B. Reese (FL) commerce.
Andrew R.W. Rictor (OR) Office hours are 8:30 a.m. to 5 p.m., e.t.,
Jason K. Riley (WV) DATES: Comments must be received on Monday through Friday, except Federal
or before January 20, 2016. holidays.
mstockstill on DSK4VPTVN1PROD with NOTICES
Bryan N. Ripley (MN)
David C. Ripley (WA) ADDRESSES: You may submit comments SUPPLEMENTARY INFORMATION:
Scottie L. Russell (NY) bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA– I. Background
Jerome A. Shapiro (AL)
Joseph D. Shehan (NC) 2015–0339 using any of the following Under 49 U.S.C. 31136(e) and 31315,
Amanda K. Shelman (IA) methods: FMCSA may grant an exemption from
Michael Shuler (DC) • Federal eRulemaking Portal: Go to the Federal Motor Carrier Safety
Joseph A. Sitarchyk (PA) http://www.regulations.gov. Follow the Regulations for a 2-year period if it finds
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Document Created: 2015-12-19 02:57:07
Document Modified: 2015-12-19 02:57:07
| 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 November 3, 2015. The exemptions expire on November 3, 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 79401 |
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