80 FR 79411 - 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 | 79411-79412 | |
| FR Document | 2015-31975 |
[Federal Register Volume 80, Number 244 (Monday, December 21, 2015)] [Notices] [Pages 79411-79412] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-31975] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA-2015-0064] 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 46 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 9, 2015. The exemptions expire on September 9, 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 August 6, 2015, FMCSA published a notice of receipt of Federal diabetes exemption applications from 46 individuals and requested comments from the public (80 FR 47024). The public comment period closed on September 8, 2015, and no comments were received. FMCSA has evaluated the eligibility of the 46 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 [[Page 79412]] 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 46 applicants have had ITDM over a range of 1 to 47 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 6, 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 46 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)): Earl H. Andreas (PA) Kristopher K. Bitting (PA) Eric A. Bouldin (TX) Joel K. Bredeson (WY) Clinton L. Carlaw, III (WI) Victor Carranza (IA) Steven A. Casavant (RI) Justin M. Coffey (RI) Steven W. Conrad, Jr. (PA) Jeremy L. Demar (MN) Anthony C. Eavenson (NM) Markie Q. Elsey (MD) Michael W. Finnegan (NJ) Gale A. Gallagher (IL) Scott E. Gallagher (VA) David L. Hareland (MN) J. Dale Hogrefe (MN) Moazzam Imtiaz (FL) Brian C. Kennerson (NH) Garrett P. Lockwood (IN) Sean P. McNally (AZ) Ryan A. McNaught (AZ) James S. Miller (PA) Paul R. Monfils (RI) Bryan Moser (AR) Richard G. Murman (PA) Anthony J. Nault (NH) Sammie J. Nazzise (UT) Doyle C. Owens (NM) Alvin W. Peck, Jr. (SD) Roy R. Phelps (CA) Loran L. Ragar (MO) Larry W. Reed (TN) Joey D. Renfrow (NC) Phillip J. Rigling (TN) Kenneth W. Romjue (OK) Robert T. Scott (OH) Larry Sherman (AR) John Smeal (PA) Ronald G. Smeltzer (IN) Randy E. Smith (PA) Curtis G. Taylor (WA) Jacob F.M. Tucker (UT) Jeremy D. Urbanosky (TX) Joseph T. Webb, Jr. (NH) Douglas L. Zerkle (OH) 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. 2015-31975 Filed 12-18-15; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 80, No. 244 / Monday, December 21, 2015 / Notices 79411
exemption, he would not be able to test- FMCSA in writing if this driver is SUPPLEMENTARY INFORMATION:
drive prototype CMVs on U.S. roads. convicted of a disqualifying offense
Mr. Kehm holds a valid German I. Electronic Access
under § 383.51 or § 391.15 of the
commercial license and is an FMCSRs. You may see all the comments online
experienced operator of CMVs. In the In accordance with 49 U.S.C. 31315 through the Federal Document
application for exemption, Daimler also and 31136(e), the exemption will be Management System (FDMS) at: http://
submitted documentation showing his valid for 2 years unless revoked earlier www.regulations.gov.
safe German driving record. by the FMCSA. The exemption will be Docket: For access to the docket to
revoked if (1) Mr. Kehm fails to comply read background documents or
V. Method To Ensure an Equivalent or comments, go to http://
Greater Level of Safety with the terms and conditions of the
exemption; (2) the exemption results in www.regulations.gov and/or Room
According to Daimler, the a lower level of safety than was W12–140 on the ground level of the
requirements for a German-issued maintained before it was granted; or (3) West Building, 1200 New Jersey Avenue
commercial license ensure that drivers continuation of the exemption would be SE., Washington, DC, between 9 a.m.
meet or exceed the same level of safety inconsistent with the goals and and 5 p.m., Monday through Friday,
as if these drivers had obtained a U.S. objectives of 49 U.S.C. 31315 and 31136. except Federal holidays.
CDL. Mr. Kehm is familiar with the Privacy Act: In accordance with 5
operation of CMVs worldwide and will VIII. Preemption U.S.C. 553(c), DOT solicits comments
be accompanied at all times by a driver In accordance with 49 U.S.C. from the public to better inform its
who holds a U.S. CDL and is familiar 31315(d), as implemented by 49 CFR rulemaking process. DOT posts these
with the routes to be traveled. FMCSA 381.600, during the period this comments, without edit, including any
has determined that the process for exemption is in effect, no State shall personal information the commenter
obtaining a commercial license in enforce any law or regulation applicable provides, to www.regulations.gov, as
Germany is comparable to that for to interstate or intrastate commerce that described in the system of records
obtaining a CDL issued by one of the conflicts with or is inconsistent with notice (DOT/ALL–14 FDMS), which can
States and adequately assesses the this exemption with respect to a firm or be reviewed at www.dot.gov/privacy.
driver’s ability to operate CMVs safely person operating under the exemption.
in the United States. II. Background
Issued on: December 10, 2015. On August 6, 2015, FMCSA published
VI. FMCSA Decision T.F. Scott Darling, III, a notice of receipt of Federal diabetes
Based upon the merits of this Acting Administrator. exemption applications from 46
application, including Mr. Kehm’s [FR Doc. 2015–31959 Filed 12–18–15; 8:45 am] individuals and requested comments
extensive driving experience and safety BILLING CODE 4910–EX–P from the public (80 FR 47024). The
record, and the fact that he has public comment period closed on
successfully completed the requisite September 8, 2015, and no comments
training and testing to obtain a German DEPARTMENT OF TRANSPORTATION were received.
commercial license, FMCSA concluded FMCSA has evaluated the eligibility
that the exemption would likely achieve Federal Motor Carrier Safety of the 46 applicants and determined that
a level of safety that is equivalent to or Administration granting the exemptions to these
greater than the level that would be [FMCSA Docket No. FMCSA–2015–0064] individuals would achieve a level of
achieved absent such exemption, in safety equivalent to or greater than the
accordance with § 381.305(a). Qualification of Drivers; Exemption level that would be achieved by
Applications; Diabetes Mellitus complying with the current regulation
VII. Terms and Conditions for the
Exemption 49 CFR 391.41(b)(3).
AGENCY: Federal Motor Carrier Safety
FMCSA grants Daimler and Mr. Administration (FMCSA), DOT. Diabetes Mellitus and Driving
Philipp Kehm an exemption from the ACTION: Notice of final disposition. Experience of the Applicants
CDL requirement in 49 CFR 383.23 to The Agency established the current
allow Mr. Kehm to drive CMVs in this SUMMARY: FMCSA confirms its decision requirement for diabetes in 1970
country without a U.S. State-issued to exempt 46 individuals from its rule because several risk studies indicated
CDL, subject to the following terms and prohibiting persons with insulin-treated that drivers with diabetes had a higher
conditions: (1) The driver and carrier diabetes mellitus (ITDM) from operating rate of crash involvement than the
must comply with all other applicable commercial motor vehicles (CMVs) in general population. The diabetes rule
provisions of the Federal Motor Carrier interstate commerce. The exemptions provides that ‘‘A person is physically
Safety Regulations (FMCSRs) (49 CFR enable these individuals to operate qualified to drive a commercial motor
parts 350–399); (2) the driver must be in CMVs in interstate commerce. vehicle if that person has no established
possession of the exemption document DATES: The exemptions were effective medical history or clinical diagnosis of
and a valid German commercial license; on September 9, 2015. The exemptions diabetes mellitus currently requiring
(3) the driver must be employed by and expire on September 9, 2017. insulin for control’’ (49 CFR
operate the CMV within the scope of his FOR FURTHER INFORMATION CONTACT: 391.41(b)(3)).
duties for Daimler; (4) at all times while Christine A. Hydock, Chief, Medical FMCSA established its diabetes
mstockstill on DSK4VPTVN1PROD with NOTICES
operating a CMV under this exemption, Programs Division, (202) 366–4001, exemption program, based on the
the driver must be accompanied by a fmcsamedical@dot.gov, FMCSA, Agency’s July 2000 study entitled ‘‘A
holder of a U.S. CDL who is familiar Department of Transportation, 1200 Report to Congress on the Feasibility of
with the routes traveled; (5) Daimler New Jersey Avenue SE., Room W64– a Program to Qualify Individuals with
must notify FMCSA in writing within 5 113, Washington, DC 20590–0001. Insulin-Treated Diabetes Mellitus to
business days of any accident, as Office hours are from 8:30 a.m. to 5 p.m. Operate in Interstate Commerce as
defined in 49 CFR 390.5, involving this e.t., Monday through Friday, except Directed by the Transportation Act for
driver; and (6) Daimler must notify Federal holidays. the 21st Century.’’ The report concluded
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![79412 Federal Register / Vol. 80, No. 244 / Monday, December 21, 2015 / Notices
that a safe and practicable protocol to V. Conditions and Requirements Anthony J. Nault (NH)
allow some drivers with ITDM to The terms and conditions of the Sammie J. Nazzise (UT)
operate CMVs is feasible. The exemption will be provided to the Doyle C. Owens (NM)
September 3, 2003 (68 FR 52441), applicants in the exemption document Alvin W. Peck, Jr. (SD)
Federal Register notice in conjunction and they include the following: (1) That Roy R. Phelps (CA)
with the November 8, 2005 (70 FR each individual submit a quarterly Loran L. Ragar (MO)
67777), Federal Register notice provides monitoring checklist completed by the Larry W. Reed (TN)
the current protocol for allowing such Joey D. Renfrow (NC)
treating endocrinologist as well as an
drivers to operate CMVs in interstate Phillip J. Rigling (TN)
annual checklist with a comprehensive
commerce. Kenneth W. Romjue (OK)
medical evaluation; (2) that each
Robert T. Scott (OH)
These 46 applicants have had ITDM individual reports within 2 business
Larry Sherman (AR)
over a range of 1 to 47 years. These days of occurrence, all episodes of
John Smeal (PA)
applicants report no severe severe hypoglycemia, significant
Ronald G. Smeltzer (IN)
hypoglycemic reactions resulting in loss complications, or inability to manage
Randy E. Smith (PA)
of consciousness or seizure, requiring diabetes; also, any involvement in an
Curtis G. Taylor (WA)
the assistance of another person, or accident or any other adverse event in
Jacob F.M. Tucker (UT)
resulting in impaired cognitive function a CMV or personal vehicle, whether or
Jeremy D. Urbanosky (TX)
that occurred without warning not it is related to an episode of
Joseph T. Webb, Jr. (NH)
symptoms, in the past 12 months and no hypoglycemia; (3) that each individual
Douglas L. Zerkle (OH)
recurrent (2 or more) severe provide a copy of the ophthalmologist’s
hypoglycemic episodes in the past 5 or optometrist’s report to the medical In accordance with 49 U.S.C. 31136(e)
years. In each case, an endocrinologist examiner at the time of the annual and 31315 each exemption is valid for
verified that the driver has medical examination; and (4) that each two years unless revoked earlier by
demonstrated a willingness to properly individual provide a copy of the annual FMCSA. The exemption will be revoked
medical certification to the employer for if the following occurs: (1) The person
monitor and manage his/her diabetes
retention in the driver’s qualification fails to comply with the terms and
mellitus, received education related to
file, or keep a copy in his/her driver’s conditions of the exemption; (2) the
diabetes management, and is on a stable
qualification file if he/she is self- exemption has resulted in a lower level
insulin regimen. These drivers report no
employed. The driver must also have a of safety than was maintained before it
other disqualifying conditions,
copy of the certification when driving, was granted; or (3) continuation of the
including diabetes-related
for presentation to a duly authorized exemption would not be consistent with
complications. Each meets the vision
Federal, State, or local enforcement the goals and objectives of 49 U.S.C.
requirement at 49 CFR 391.41(b)(10).
official. 31136(e) and 31315. If the exemption is
The qualifications and medical still effective at the end of the 2-year
condition of each applicant were stated VI. Conclusion period, the person may apply to FMCSA
and discussed in detail in the August 6, Based upon its evaluation of the 46 for a renewal under procedures in effect
2015, Federal Register notice and they exemption applications, FMCSA at that time.
will not be repeated in this notice. exempts the following drivers from the Issued on: December 9, 2015.
III. Discussion of Comments diabetes requirement in 49 CFR Larry W. Minor,
391.41(b)(10), subject to the Associate Administrator for Policy.
FMCSA received no comments in this requirements cited above 949 CFR
[FR Doc. 2015–31975 Filed 12–18–15; 8:45 am]
proceeding. 391.64(b)):
BILLING CODE 4910–EX–P
IV. Basis for Exemption Determination Earl H. Andreas (PA)
Kristopher K. Bitting (PA)
Under 49 U.S.C. 31136(e) and 31315, Eric A. Bouldin (TX) DEPARTMENT OF TRANSPORTATION
FMCSA may grant an exemption from Joel K. Bredeson (WY)
the diabetes requirement in 49 CFR Clinton L. Carlaw, III (WI) Federal Motor Carrier Safety
391.41(b)(3) if the exemption is likely to Victor Carranza (IA) Administration
achieve an equivalent or greater level of Steven A. Casavant (RI)
[Docket No. FMCSA–2015–0239]
safety than would be achieved without Justin M. Coffey (RI)
the exemption. The exemption allows Steven W. Conrad, Jr. (PA) Parts and Accessories Necessary for
the applicants to operate CMVs in Jeremy L. Demar (MN) Safe Operation; Volvo Trucks of North
interstate commerce. Anthony C. Eavenson (NM) America Application for an Exemption
Markie Q. Elsey (MD)
To evaluate the effect of these Michael W. Finnegan (NJ) AGENCY: Federal Motor Carrier Safety
exemptions on safety, FMCSA Gale A. Gallagher (IL) Administration (FMCSA), DOT.
considered medical reports about the Scott E. Gallagher (VA) ACTION: Notice of final disposition.
applicants’ ITDM and vision, and David L. Hareland (MN)
reviewed the treating endocrinologists’ J. Dale Hogrefe (MN) SUMMARY: The Federal Motor Carrier
medical opinion related to the ability of Moazzam Imtiaz (FL) Safety Administration (FMCSA)
the driver to safely operate a CMV while
mstockstill on DSK4VPTVN1PROD with NOTICES
Brian C. Kennerson (NH) announces its decision to grant Volvo
using insulin. Garrett P. Lockwood (IN) Trucks of North America’s (Volvo)
Consequently, FMCSA finds that in Sean P. McNally (AZ) application for a limited 2-year
each case exempting these applicants Ryan A. McNaught (AZ) exemption from 49 CFR 393.60(e)(1) on
from the diabetes requirement in 49 CFR James S. Miller (PA) behalf of motor carriers operating Volvo
391.41(b)(3) is likely to achieve a level Paul R. Monfils (RI) commercial motor vehicles (CMVs) to
of safety equal to that existing without Bryan Moser (AR) use a rain and ambient light detection
the exemption. Richard G. Murman (PA) sensor mounted in the windshield area
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Document Created: 2015-12-19 02:57:15
Document Modified: 2015-12-19 02:57:15
| 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 9, 2015. The exemptions expire on September 9, 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 79411 |
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