81 FR 39318 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 81, Issue 116 (June 16, 2016)
Federal Motor Carrier Safety Administration
Federal Register Volume 81, Issue 116 (June 16, 2016)
| Page Range | 39318-39320 | |
| FR Document | 2016-14240 |
[Federal Register Volume 81, Number 116 (Thursday, June 16, 2016)] [Notices] [Pages 39318-39320] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-14240] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA-[2015-0343] 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 68 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 April 16, 2016. The exemptions expire on April 16, 2018. 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 March 16, 2016, FMCSA published a notice of receipt of Federal diabetes exemption applications from 68 individuals and requested comments from the public (81 FR 14197. The public comment period closed on April 15, 2016, and 2 comments were received. FMCSA has evaluated the eligibility of the 68 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)). [[Page 39319]] 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 68 applicants have had ITDM over a range of 1 to 51 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 March 16, 2016, Federal Register notice and they will not be repeated in this notice. III. Discussion of Comments FMCSA received two comments in this proceeding. Crystal Ramos and an anonymous commenter believe that the exemptions should be granted. 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 68 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)): Korey D. Adams (MO) Michael D. Alley (OR) Jerry J. Altenburg (WI) Juanita K. Anderson (MN) Alan D. Bahlmann (IN) William A. Ball, Jr. (WV) John F. Beatrice (NH) Benjamin J. Beitelspacher (SD) Russell E. Bjerkness (MN) Chase L. Blankenship (OK) Samuel E. Bostic (WV) Eric K. Caldwell (OH) Michael J. Chevalier, Jr. (NJ) James R. Cockerham (IN) Darrell L. Coleman (TX) Michael R. Conley (WI) James D. Deardorff (WA) Ivan R. Edsall (KS) Steven W. Engel (CO) Samuel M. Feaganes, Jr. (VA) Jerry A. Fogel (WI) William J. Garrett (SD) Kevin E. Griebel (SD) Martin R. Hair (CT) Justin M. Herb (IN) Terry D. Hescock (OR) Brandon Heselton (IL) Arrington Hughes (DC) Brian K. Hyler (WI) James A. Iozia (NJ) Joshua D. Jaramillo (WA) Jerry M. Kilpatrick (AL) Rex O. King (IA) Edward D. Krager (PA) Kevin K. Leavey (NJ) Michael P. Leggett (WV) Thomas J. Liddy (NY) Gregory S. Luce, Jr. (OH) Renee N. Lycksell (WA) Andrew Majkowicz (NJ) Raymond L. Makings (KS) Daniel J. Mandell (NC) John D. McGinley, Jr. (CA) Denise R. McKelvey (CT) Gareth L. Miller (OH) Victor Moore, Jr. (MO) Jimmy C. Morcom (MI) Peter J. Niedzwiecki (PA) Kevin R. OToole (WI) Robert J. Paitsel (WV) Kameka D. Palmer (WI) Neal M. Quinton, Jr. (MA) Howard G. Rau (MD) Andrew Reid (IN) Brett M. Rice (PA) Mark A. Rinehardt (NC) Sholom Rub (NY) Jeremy M. Samson (IA) David J. Scimecca (NY) Blane Tor (NJ) Samuel C. Tracy (WA) Allen B. Treadwell (AL) Terry L. Underwood, Jr. (VA) Aaron M. Vanlanduit (MO) Paul R. Whitehead (NM) Grady E. Wilkins (MD) Joseph A. Wilson, Sr. (MA) Michael A. Zuke, Sr. (NY) In accordance with 49 U.S.C. 31136(e) and 31315 each exemption is valid for two years unless revoked earlier by FMCSA. The exemption will be revoked if the following occurs: (1) The person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained before it was granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315. If the exemption is still effective at the end of the 2-year period, the person may apply to FMCSA for a renewal under procedures in effect at that time. [[Page 39320]] Issued on: June 10, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016-14240 Filed 6-15-16; 8:45 am] BILLING CODE 4910-EX-P
![39318 Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Notices
eRulemaking Portal Web site. If you [35,000 currently approved applicants Programs Division, (202) 366–4001,
want us to notify you that we received plus 75,371 new entrants]. fmcsamedical@dot.gov, FMCSA,
your comments, please include a self- Estimated Time per Response: 10 Department of Transportation, 1200
addressed, stamped envelope or minutes. New Jersey Avenue SE., Room W64–
postcard, or print the acknowledgement Expiration Date: November 30, 2016. 113, Washington, DC 20590–0001.
page that appears after submitting Frequency of Response: Form BOC–3 Office hours are from 8:30 a.m. to 5 p.m.
comments online. Comments received must be filed by all motor carriers, e.t., Monday through Friday, except
after the comment closing date will be freight forwarders and brokers when the Federal holidays.
included in the docket and will be transportation entity first registers with
SUPPLEMENTARY INFORMATION:
considered to the extent practicable. the FMCSA. All brokers shall make a
designation for each State in which it I. Electronic Access
FOR FURTHER INFORMATION CONTACT: Ms.
has an office or in which contracts are
Tura Gatling, Office of Registration and You may see all the comments online
written. Subsequent filings are made
Safety Information, Department of through the Federal Document
only if the motor carrier, broker or
Transportation, Federal Motor Carrier Management System (FDMS) at: http://
freight forwarder changes process
Safety Administration, 1200 New Jersey www.regulations.gov.
agents.
Avenue SE., Washington, DC 20590– Estimated Total Annual Burden: Docket: For access to the docket to
0001. Telephone Number: (202) 385– 18,395 hours [110,371 respondents read background documents or
2412; Email Address: tura.gatling@ times 10 minutes per response]. comments, go to http://
dot.gov. Office hours are from 8:00 a.m. Public Comments Invited: You are www.regulations.gov and/or Room
to 5:00 p.m., E.T., Monday through asked to comment on any aspect of this W12–140 on the ground level of the
Friday, except Federal holidays. information collection, including: (1) West Building, 1200 New Jersey Avenue
SUPPLEMENTARY INFORMATION: Whether the proposed collection is SE., Washington, DC, between 9 a.m.
Background: The Secretary of necessary for the performance of and 5 p.m., Monday through Friday,
Transportation (Secretary) is authorized FMCSA’s functions; (2) the accuracy of except Federal holidays.
to register motor carriers under the the estimated burden; (3) ways for Privacy Act: In accordance with 5
provisions of 49 U.S.C. 13902; freight FMCSA to enhance the quality, U.S.C. 553(c), DOT solicits comments
forwarders under the provisions of 49 usefulness, and clarity of the collected from the public to better inform its
U.S.C. 13903; and property brokers information; and (4) ways that the rulemaking process. DOT posts these
under provisions of 49 U.S.C. 13904. burden could be minimized without comments, without edit, including any
These persons may conduct reducing the quality of the collected personal information the commenter
transportation services only if they are information. The agency will summarize provides, to www.regulations.gov, as
registered pursuant to 49 U.S.C. 13901. or include your comments in the request described in the system of records
The Secretary has delegated authority for OMB’s clearance of this information notice (DOT/ALL–14 FDMS), which can
pertaining to these registration collection. be reviewed at www.dot.gov/privacy.
requirements to the FMCSA pursuant to Issued on: June 10, 2016. II. Background
49 CFR 1.73(a)(5). G. Kelly Regal,
Registered motor carriers, brokers and On March 16, 2016, FMCSA
Associate Administrator for Office of
freight forwarders must designate an published a notice of receipt of Federal
Research and Information Technology.
agent on whom service of notices in diabetes exemption applications from
[FR Doc. 2016–14241 Filed 6–15–16; 8:45 am]
proceedings before the Secretary may be 68 individuals and requested comments
BILLING CODE 4910–EX–P
made (49 U.S.C. 13303). Registered from the public (81 FR 14197. The
motor carriers must also designate an public comment period closed on April
agent for every State in which they 15, 2016, and 2 comments were
DEPARTMENT OF TRANSPORTATION
operate and traverse in the United States received.
during such operations, agents on whom Federal Motor Carrier Safety FMCSA has evaluated the eligibility
process issued by a court may be served Administration of the 68 applicants and determined that
in actions brought against the registered granting the exemptions to these
transportation entity (49 U.S.C. 13304, [FMCSA Docket No. FMCSA–[2015–0343] individuals would achieve a level of
49 CFR 366.4). Every broker shall make Qualification of Drivers; Exemption safety equivalent to or greater than the
a designation for each State in which its Applications; Diabetes Mellitus level that would be achieved by
offices are located or in which contracts complying with the current regulation
are written (49 U.S.C. 13304, 49 CFR AGENCY: Federal Motor Carrier Safety 49 CFR 391.41(b)(3).
366.4). Regulations governing the Administration (FMCSA), DOT.
Diabetes Mellitus and Driving
designation of process agents are found ACTION: Notice of final disposition.
Experience of the Applicants
at 49 CFR part 366. This designation is
filed with the FMCSA on Form BOC–3, SUMMARY: FMCSA confirms its decision The Agency established the current
‘‘Designation of Agents for Service of to exempt 68 individuals from its rule requirement for diabetes in 1970
Process.’’ prohibiting persons with insulin-treated because several risk studies indicated
Title: Designation of Agents, Motor diabetes mellitus (ITDM) from operating that drivers with diabetes had a higher
Carriers, Brokers and Freight commercial motor vehicles (CMVs) in rate of crash involvement than the
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Forwarders. interstate commerce. The exemptions general population. The diabetes rule
OMB Control Number: 2126–0015. enable these individuals to operate provides that ‘‘A person is physically
Type of Request: Extension of a CMVs in interstate commerce. qualified to drive a commercial motor
currently approved collection. DATES: The exemptions were effective vehicle if that person has no established
Respondents: Motor carriers, freight on April 16, 2016. The exemptions medical history or clinical diagnosis of
forwarders and brokers. expire on April 16, 2018. diabetes mellitus currently requiring
Estimated Number of Respondents: FOR FURTHER INFORMATION CONTACT: insulin for control’’ (49 CFR
110,371 respondents in the first year Christine A. Hydock, Chief, Medical 391.41(b)(3)).
VerDate Sep<11>2014 18:04 Jun 15, 2016 Jkt 238001 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\16JNN1.SGM 16JNN1](https://thefederalregister.org/doc/81_FR_39434/page/1.svg)
![39320 Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Notices
Issued on: June 10, 2016. personal information provided. Please II. Qualifications of Applicants
Larry W. Minor, see the Privacy Act heading below for
further information. Dennis J. Ameling
Associate Administrator for Policy.
[FR Doc. 2016–14240 Filed 6–15–16; 8:45 am] Docket: For access to the docket to Mr. Ameling, 54, has had a dense
BILLING CODE 4910–EX–P read background documents or corneal scar in his right eye since
comments, go to http:// childhood. The visual acuity in his right
www.regulations.gov at any time or eye is no light perception, and his left
DEPARTMENT OF TRANSPORTATION Room W12–140 on the ground level of eye, 20/20. Following an examination in
the West Building, 1200 New Jersey 2015, his optometrist stated, ‘‘My
Federal Motor Carrier Safety opinion is that his vision is more than
Avenue SE., Washington, DC, between 9
Administration capable to drive a commercial vehicle
a.m. and 5 p.m., Monday through
[Docket No. FMCSA–2016–0028] Friday, except Federal holidays. The out of state.’’ Mr. Ameling reported that
FDMS is available 24 hours each day, he has driven straight trucks for 18
Qualification of Drivers; Exemption 365 days each year. If you want years, accumulating 1.44 million miles
Applications; Vision acknowledgment that we received your and tractor-trailer combinations for 21
comments, please include a self- years, accumulating 2.1 million miles.
AGENCY: Federal Motor Carrier Safety
Administration (FMCSA), DOT. addressed, stamped envelope or He holds a Class A CDL from Iowa. His
postcard or print the acknowledgement driving record for the last 3 years shows
ACTION: Notice of applications for
page that appears after submitting no crashes and one conviction for a
exemptions; request for comments. comments on-line. moving violation in a CMV; he exceeded
SUMMARY: FMCSA announces receipt of Privacy Act: In accordance with 5 the speed limit by 10 miles per hour
applications from 37 individuals for U.S.C. 553(c), DOT solicits comments (mph).
exemption from the vision requirement from the public to better inform its Daniel A. Bahm
in the Federal Motor Carrier Safety rulemaking process. DOT posts these
Regulations. They are unable to meet comments, without edit, including any Mr. Bahm, 50, has had amblyopia in
the vision requirement in one eye for personal information the commenter his right eye since childhood. The
various reasons. The exemptions will provides, to www.regulations.gov, as visual acuity in his right eye is count
enable these individuals to operate described in the system of records fingers, and in his left eye, 20/20.
commercial motor vehicles (CMVs) in notice (DOT/ALL–14 FDMS), which can Following an examination in 2016, his
interstate commerce without meeting be reviewed at www.dot.gov/privacy. ophthalmologist stated, ‘‘According to
the prescribed vision requirement in our exam and his previous visual field
FOR FURTHER INFORMATION CONTACT:
one eye. If granted, the exemptions test Mr. Bahm has sufficient vision to
would enable these individuals to Christine A. Hydock, Chief, Medical
perform the driving tasks required to
qualify as drivers of commercial motor Programs Division, (202) 366–4001,
operate a commercial vehicle.’’ Mr.
vehicles (CMVs) in interstate commerce. fmcsamedical@dot.gov, FMCSA,
Bahm reported that he has driven
Department of Transportation, 1200
DATES: Comments must be received on straight trucks for 33 years,
New Jersey Avenue SE., Room W64–
or before July 18, 2016. All comments accumulating 16,500 miles and tractor-
113, Washington, DC 20590–0001.
will be investigated by FMCSA. The trailer combinations for 14 years,
Office hours are 8:30 a.m. to 5 p.m., e.t.,
exemptions will be issued the day after accumulating 2.1 million miles. He
Monday through Friday, except Federal
the comment period closes. holds a Class A CDL from Florida. His
holidays. If you have questions
ADDRESSES: You may submit comments driving record for the last 3 years shows
regarding viewing or submitting
bearing the Federal Docket Management no crashes and no convictions for
material to the docket, contact Docket
System (FDMS) Docket No. FMCSA– moving violations in a CMV.
Services, telephone (202) 366–9826.
2016–0028 using any of the following John P. Brooks
methods: SUPPLEMENTARY INFORMATION:
• Federal eRulemaking Portal: Go to I. Background Mr. Brooks, 48, has complete loss of
http://www.regulations.gov. Follow the vision in his right eye due to a traumatic
on-line instructions for submitting Under 49 U.S.C. 31136(e) and 31315, incident in childhood. The visual acuity
comments. FMCSA may grant an exemption from in his right eye is light perception, and
• Mail: Docket Management Facility; the Federal Motor Carrier Safety in his left eye, 20/20. Following an
U.S. Department of Transportation, 1200 Regulations for a 2-year period if it finds examination in 2016, his
New Jersey Avenue SE., West Building ‘‘such exemption would likely achieve a ophthalmologist stated, ‘‘In my opinion,
Ground Floor, Room W12–140, level of safety that is equivalent to or he does have the vision required to
Washington, DC 20590–0001. greater than the level that would be operate a commercial vehicle.’’ Mr.
• Hand Delivery: West Building achieved absent such exemption.’’ Brooks reported that he has driven
Ground Floor, Room W12–140, 1200 FMCSA can renew exemptions at the straight trucks for 6 years, accumulating
New Jersey Avenue SE., Washington, end of each 2-year period. The 37 240,000 miles and tractor-trailer
DC, between 9 a.m. and 5 p.m., Monday individuals listed in this notice have combinations for 18 years, accumulating
through Friday, except Federal each requested such an exemption from 144,000 miles. He holds a Class A CDL
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Holidays. the vision requirement in 49 CFR from Illinois. His driving record for the
• Fax: 1–202–493–2251. 391.41(b)(10), which applies to drivers last 3 years shows no crashes but two
Instructions: Each submission must of CMVs in interstate commerce. convictions in a CMV. In the first
include the Agency name and the Accordingly, the Agency will evaluate incidence, he exceeded the speed limit
docket numbers for this notice. Note the qualifications of each applicant to by 12 mph and in the second incidence;
that all comments received will be determine whether granting an according to the citation, he
posted without change to http:// exemption will achieve the required ‘‘disregarded an official traffic control
www.regulations.gov, including any level of safety mandated by statute. device.’’
VerDate Sep<11>2014 18:04 Jun 15, 2016 Jkt 238001 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\16JNN1.SGM 16JNN1](https://thefederalregister.org/doc/81_FR_39434/page/3.svg)
Document Created: 2016-06-16 00:37:19
Document Modified: 2016-06-16 00:37:19
| 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 April 16, 2016. The exemptions expire on April 16, 2018. | |
| 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 | 81 FR 39318 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR