80_FR_8959 80 FR 8926 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

80 FR 8926 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 33 (February 19, 2015)

Page Range8926-8927
FR Document2015-03459

FMCSA confirms its decision to exempt 66 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 33 (Thursday, February 19, 2015) 
[Federal Register Volume 80, Number 33 (Thursday, February 19, 2015)]
[Notices]
[Pages 8926-8927]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-03459]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2014-0310]


Qualification of Drivers; Exemption Applications; Diabetes 
Mellitus

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition.

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SUMMARY: FMCSA confirms its decision to exempt 66 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 January 15, 2015. The 
exemptions expire on January 15, 2017.

FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director, 
Carrier, Driver and Vehicle Safety Standards, (202) 366-4001, 
[email protected], FMCSA, Room W64-224, Department of 
Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. 
Office hours are from 8:30 a.m. to 5 p.m., Monday through Friday, 
except Federal holidays.

SUPPLEMENTARY INFORMATION: 

I. Electronic Access

    You may see all the comments online through the Federal Document 
Management System (FDMS) at: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov and/or Room W12-140 on the 
ground level of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

II. Background

    On December 15, 2014, FMCSA published a notice of receipt of 
Federal diabetes exemption applications from 66 individuals and 
requested comments from the public (79 FR 74159). The public comment 
period closed on January 14, 2015, and no comments were received.
    FMCSA has evaluated the eligibility of the 66 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 66 applicants have had ITDM over a range of one to 41 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

[[Page 8927]]

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 December 15, 2014, 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 66 exemption applications, FMCSA 
exempts the following drivers from the diabetes requirement in 49 CFR 
391.41(b)(10), subject to the requirements cited above (49 CFR 
391.64(b)):

Eric D. Ambler (WI)
Clay B. Anderson (IL)
Gregory C. Bartley (PA)
Aaron M. Batts (NC)
Nathan R. Batzel (MN)
Michael R. Bell (MD)
Andrew P. Coffey (CT)
Robert N. Coury (NV)
Jerry A. Cox, Sr. (LA)
Lloyd F. Cuckow (CO)
Kenneth B. Dennard (GA)
Eric Q. Dickerson (IN)
James P. Dreifuerst (WI)
Billy D. Dryer (MO)
James H. Elliott (OH)
Domenic R. Folino (PA)
Jimmie W. Grist (ID)
Scott M. Guyette (WI)
Carl D. Hall (KY)
Howard M. Hammel (NJ)
Derrick D. Harris (IL)
Terry M. Jacobson (WI)
Kevin R. Johnson (MI)
Martin S. Kiss (IL)
Robert S. Krueger (WA)
David J. Long (PA)
Michael R. Ludowese (MN)
David P. Magee (MO)
Gary F. Marson (WI)
Steven R. Mc Clain (IL)
Arthur D. McFadden, Sr. (IA)
Elbert J. Means (SC)
James A. Meridith (MI)
Richard A. Moore (PA)
Keith B. Muehler (ND)
John K. Murray (NY)
Harold N. Myers (IA)
Clayton L. Neuhauser (ND)
Eugene E. Patterson, III (TX)
John D. Pede, Jr. (PA)
Jack E. Pollock (GA)
John F. Prophet (FL)
David M. Pullen (VA)
Dominic F. Quartullo (WI)
David Quintrall (WY)
Michael E. Reed (IA)
Carlos B. Rodriguez (NY)
Marvin A. Ryan (IN)
David J. Sierra (NJ)
Larry D. Small (NJ)
Roger E. Smith (IA)
Terrell W. Smith (PA)
Anthony L. Spratto (WI)
Timothy R. Stephens (KS)
Howard C. Stines (TN)
Christopher E. Swanson (CA)
Scott R. Swisher (KS)
Diana C. Tabala (NY)
Brewster E. Thurston (VT)
Phillip J. Ulmer (LA)
Charles A. Walker (IL)
Roger L. Watt (PA)
John D. Weaver (WY)
Avery White (GA)
Leroy D. Yost (IA)
Wayne W. Zander (SD)

    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: February 10, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-03459 Filed 2-18-15; 8:45 am]
BILLING CODE 4910-EX-P

8926 Federal Register / Vol. 80, No. 33 / Thursday, February 19, 2015 / Notices format, no larger than 81⁄2 by 11 inches, Issued on: February 12, 2015. II. Background suitable for copying and electronic Larry W. Minor, On December 15, 2014, FMCSA filing. If you submit comments by mail Associate Administrator for Policy. published a notice of receipt of Federal and would like to know that they [FR Doc. 2015–03471 Filed 2–18–15; 8:45 am] diabetes exemption applications from reached the facility, please enclose a BILLING CODE 4910–EX–P 66 individuals and requested comments stamped, self-addressed postcard or from the public (79 FR 74159). The envelope. public comment period closed on FMCSA will consider all comments DEPARTMENT OF TRANSPORTATION January 14, 2015, and no comments and material received during the were received. Federal Motor Carrier Safety FMCSA has evaluated the eligibility comment period and may change this Administration of the 66 applicants and determined that analysis based on your comments. granting the exemptions to these Viewing Comments and Documents [FMCSA Docket No. FMCSA–2014–0310] individuals would achieve a level of To view comments, as well as safety equivalent to or greater than the Qualification of Drivers; Exemption level that would be achieved by documents mentioned in this preamble Applications; Diabetes Mellitus complying with the current regulation as being available in the docket, go to AGENCY: Federal Motor Carrier Safety 49 CFR 391.41(b)(3). http://www.regulations.gov and click on the ‘‘Read Comments’’ box in the upper Administration (FMCSA), DOT. Diabetes Mellitus and Driving right hand side of the screen. Then, in ACTION: Notice of final disposition. Experience of the Applicants the ‘‘Keyword’’ box, insert ‘‘FMCSA– The Agency established the current 2014–0177’’ and click ‘‘Search.’’ Next, SUMMARY: FMCSA confirms its decision to exempt 66 individuals from its rule requirement for diabetes in 1970 click ‘‘Open Docket Folder’’ in the because several risk studies indicated ‘‘Actions’’ column. Finally, in the prohibiting persons with insulin-treated diabetes mellitus (ITDM) from operating that drivers with diabetes had a higher ‘‘Title’’ column, click on the document rate of crash involvement than the you would like to review. If you do not commercial motor vehicles (CMVs) in interstate commerce. The exemptions general population. The diabetes rule have access to the Internet, you may provides that a person is physically enable these individuals to operate view the docket online by visiting the qualified to drive a commercial motor CMVs in interstate commerce. Docket Management Facility in Room vehicle if that person has no established W12–140 on the ground floor of the DATES: The exemptions were effective medical history or clinical diagnosis of DOT West Building, 1200 New Jersey on January 15, 2015. The exemptions diabetes mellitus currently requiring Avenue SE., Washington, DC 20590, expire on January 15, 2017. insulin for control (49 CFR between 9 a.m. and 5 p.m., e.t., Monday FOR FURTHER INFORMATION CONTACT: 391.41(b)(3)). through Friday, except Federal holidays. Charles A. Horan, III, Director, Carrier, FMCSA established its diabetes Driver and Vehicle Safety Standards, exemption program, based on the Privacy Act (202) 366–4001, fmcsamedical@dot.gov, Agency’s July 2000 study entitled ‘‘A FMCSA, Room W64–224, Department of Report to Congress on the Feasibility of In accordance with U.S.C. 553(c), Transportation, 1200 New Jersey a Program to Qualify Individuals with DOT solicits comments from the public Avenue SE., Washington, DC 20590– Insulin-Treated Diabetes Mellitus to to better inform its rulemaking process. 0001. Office hours are from 8:30 a.m. to Operate in Interstate Commerce as DOT posts these comments, without 5 p.m., Monday through Friday, except Directed by the Transportation Act for edit, including any personal information Federal holidays. the 21st Century.’’ The report concluded the commenter provides, to http:// www.regulations.gov as described in the SUPPLEMENTARY INFORMATION: that a safe and practicable protocol to system of records notice (DOT/ALL–14 allow some drivers with ITDM to I. Electronic Access FDMS), can be reviewed at http:// operate CMVs is feasible. The You may see all the comments online September 3, 2003 (68 FR 52441), www.dot.gov/privacy. through the Federal Document Federal Register notice in conjunction Background Management System (FDMS) at: http:// with the November 8, 2005 (70 FR www.regulations.gov. 67777), Federal Register notice provides FMCSA is extending the comment Docket: For access to the docket to the current protocol for allowing such period to March 25, 2015 because read background documents or drivers to operate CMVs in interstate interested parties have requested more comments, go to http:// commerce. time. This study assesses (1) whether www.regulations.gov and/or Room These 66 applicants have had ITDM PARs provide sufficient, consistent, and W12–140 on the ground level of the over a range of one to 41 years. These reliable information to support crash West Building, 1200 New Jersey Avenue applicants report no severe weighting determinations; (2) whether a SE., Washington, DC, between 9 a.m. hypoglycemic reactions resulting in loss crash weighting determination process and 5 p.m., Monday through Friday, of consciousness or seizure, requiring would offer an even stronger predictor except Federal holidays. the assistance of another person, or of crash risk than overall crash Privacy Act: In accordance with 5 resulting in impaired cognitive function involvement and how crash weighting U.S.C. 553(c), DOT solicits comments that occurred without warning emcdonald on DSK67QTVN1PROD with NOTICES would be implemented in the Agency’s from the public to better inform its symptoms, in the past 12 months and no Safety Measurement System (SMS); and rulemaking process. DOT posts these recurrent (2 or more) severe (3) how FMCSA might manage a process comments, without edit, including any hypoglycemic episodes in the past 5 for making crash weighting personal information the commenter years. In each case, an endocrinologist determinations, including the provides, to www.regulations.gov, as verified that the driver has acceptance of public input. This notice described in the system of records demonstrated a willingness to properly extends the public comment period in notice (DOT/ALL–14 FDMS), which can monitor and manage his/her diabetes response to stakeholder requests. be reviewed at www.dot.gov/privacy. mellitus, received education related to VerDate Sep<11>2014 16:58 Feb 18, 2015 Jkt 235001 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 E:\FR\FM\19FEN1.SGM 19FEN1

Federal Register / Vol. 80, No. 33 / Thursday, February 19, 2015 / Notices 8927 diabetes management, and is on a stable employed. The driver must also have a Christopher E. Swanson (CA) insulin regimen. These drivers report no copy of the certification when driving, Scott R. Swisher (KS) other disqualifying conditions, for presentation to a duly authorized Diana C. Tabala (NY) including diabetes-related Federal, State, or local enforcement Brewster E. Thurston (VT) complications. Each meets the vision official. Phillip J. Ulmer (LA) requirement at 49 CFR 391.41(b)(10). Charles A. Walker (IL) The qualifications and medical VI. Conclusion Roger L. Watt (PA) condition of each applicant were stated Based upon its evaluation of the 66 John D. Weaver (WY) and discussed in detail in the December exemption applications, FMCSA Avery White (GA) 15, 2014, Federal Register notice and exempts the following drivers from the Leroy D. Yost (IA) they will not be repeated in this notice. diabetes requirement in 49 CFR Wayne W. Zander (SD) 391.41(b)(10), subject to the In accordance with 49 U.S.C. 31136(e) III. Discussion of Comments requirements cited above (49 CFR and 31315 each exemption is valid for FMCSA received no comments in this 391.64(b)): two years unless revoked earlier by proceeding. Eric D. Ambler (WI) FMCSA. The exemption will be revoked IV. Basis for Exemption Determination Clay B. Anderson (IL) if the following occurs: (1) The person Gregory C. Bartley (PA) fails to comply with the terms and Under 49 U.S.C. 31136(e) and 31315, conditions of the exemption; (2) the Aaron M. Batts (NC) FMCSA may grant an exemption from Nathan R. Batzel (MN) exemption has resulted in a lower level the diabetes requirement in 49 CFR Michael R. Bell (MD) of safety than was maintained before it 391.41(b)(3) if the exemption is likely to Andrew P. Coffey (CT) was granted; or (3) continuation of the achieve an equivalent or greater level of Robert N. Coury (NV) exemption would not be consistent with safety than would be achieved without Jerry A. Cox, Sr. (LA) the goals and objectives of 49 U.S.C. the exemption. The exemption allows Lloyd F. Cuckow (CO) 31136(e) and 31315. If the exemption is the applicants to operate CMVs in Kenneth B. Dennard (GA) still effective at the end of the 2-year interstate commerce. Eric Q. Dickerson (IN) period, the person may apply to FMCSA To evaluate the effect of these James P. Dreifuerst (WI) for a renewal under procedures in effect exemptions on safety, FMCSA Billy D. Dryer (MO) at that time. considered medical reports about the James H. Elliott (OH) applicants’ ITDM and vision, and Dated: February 10, 2015. Domenic R. Folino (PA) reviewed the treating endocrinologists’ Jimmie W. Grist (ID) Larry W. Minor, medical opinion related to the ability of Scott M. Guyette (WI) Associate Administrator for Policy. the driver to safely operate a CMV while Carl D. Hall (KY) [FR Doc. 2015–03459 Filed 2–18–15; 8:45 am] using insulin. Howard M. Hammel (NJ) BILLING CODE 4910–EX–P Consequently, FMCSA finds that in Derrick D. Harris (IL) each case exempting these applicants Terry M. Jacobson (WI) from the diabetes requirement in 49 CFR Kevin R. Johnson (MI) DEPARTMENT OF TRANSPORTATION 391.41(b)(3) is likely to achieve a level Martin S. Kiss (IL) of safety equal to that existing without Robert S. Krueger (WA) Federal Motor Carrier Safety the exemption. David J. Long (PA) Administration V. Conditions and Requirements Michael R. Ludowese (MN) [Docket No. FMCSA–2014–0298] David P. Magee (MO) The terms and conditions of the Gary F. Marson (WI) Qualification of Drivers; Exemption exemption will be provided to the Steven R. Mc Clain (IL) Applications; Vision applicants in the exemption document Arthur D. McFadden, Sr. (IA) and they include the following: (1) That Elbert J. Means (SC) AGENCY: Federal Motor Carrier Safety each individual submit a quarterly James A. Meridith (MI) Administration (FMCSA), DOT. monitoring checklist completed by the Richard A. Moore (PA) ACTION: Notice of final disposition. treating endocrinologist as well as an Keith B. Muehler (ND) annual checklist with a comprehensive John K. Murray (NY) SUMMARY: FMCSA announces its medical evaluation; (2) that each Harold N. Myers (IA) decision to exempt 34 individuals from individual reports within 2 business Clayton L. Neuhauser (ND) the vision requirement in the Federal days of occurrence, all episodes of Eugene E. Patterson, III (TX) Motor Carrier Safety Regulations severe hypoglycemia, significant John D. Pede, Jr. (PA) (FMCSRs). They are unable to meet the complications, or inability to manage Jack E. Pollock (GA) vision requirement in one eye for diabetes; also, any involvement in an John F. Prophet (FL) various reasons. The exemptions will accident or any other adverse event in David M. Pullen (VA) enable these individuals to operate a CMV or personal vehicle, whether or Dominic F. Quartullo (WI) commercial motor vehicles (CMVs) in not it is related to an episode of David Quintrall (WY) interstate commerce without meeting hypoglycemia; (3) that each individual Michael E. Reed (IA) the prescribed vision requirement in provide a copy of the ophthalmologist’s Carlos B. Rodriguez (NY) one eye. The Agency has concluded that emcdonald on DSK67QTVN1PROD with NOTICES or optometrist’s report to the medical Marvin A. Ryan (IN) granting these exemptions will provide examiner at the time of the annual David J. Sierra (NJ) a level of safety that is equivalent to or medical examination; and (4) that each Larry D. Small (NJ) greater than the level of safety individual provide a copy of the annual Roger E. Smith (IA) maintained without the exemptions for medical certification to the employer for Terrell W. Smith (PA) these CMV drivers. retention in the driver’s qualification Anthony L. Spratto (WI) DATES: The exemptions were granted file, or keep a copy in his/her driver’s Timothy R. Stephens (KS) December 24, 2014. The exemptions qualification file if he/she is self- Howard C. Stines (TN) expire on December 24, 2016. VerDate Sep<11>2014 16:58 Feb 18, 2015 Jkt 235001 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\19FEN1.SGM 19FEN1


Document Created: 2018-02-16 11:12:24
Document Modified: 2018-02-16 11:12:24
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of final disposition.
DatesThe exemptions were effective on January 15, 2015. The exemptions expire on January 15, 2017.
ContactCharles 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 Citation80 FR 8926 
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