81 FR 39324 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 116 (June 16, 2016)

Page Range		39324-39325
FR Document		2016-14246

FMCSA confirms its decision to exempt 56 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 81 Issue 116 (Thursday, June 16, 2016)

[Federal Register Volume 81, Number 116 (Thursday, June 16, 2016)]
[Notices]
[Pages 39324-39325]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14246]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2015-0339]


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 56 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 21, 2016. The 
exemptions expire on January 21, 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 December 21, 2015, FMCSA published a notice of receipt of 
Federal diabetes exemption applications from 56 individuals and 
requested comments from the public (80 FR 79402). The public comment 
period closed on January 20, 2016.
    FMCSA has evaluated the eligibility of the 56 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).

III. Diabetes Mellitus and Driving Experience of the Applicants

    The Agency established the current requirement for diabetes in 1970 
because several risk studies indicated

[[Page 39325]]

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 56 applicants have had ITDM over a range of 1 to 57 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 December 21, 2015, Federal 
Register notice and they will not be repeated in this notice.

IV. Discussion of Comments

    FMCSA received no comments in this proceeding.

V. 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.

VI. 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.

VII. Conclusion

    Based upon its evaluation of the 56 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):

James R. Bishop (WV)
Randall S. Blight (MI)
George S. Callahan (IN)
Jeffrey L. Carlson (MN)
Myron D. Collins (CO)
Paul E. Costello (NE)
Daniel J. Cramer (WI)
Cyrus G. Davenport, Jr. (VA)
Pete J. Dewitt (CA)
Frank A. Earullo (IL)
Hugh R. Ferguson (MA)
James A. Graczyk (NY)
Isadios P. Harris (NJ)
David A. Heine (ND)
Nathaniel P. Hetherington (PA)
Surlloyd D. Hilson (FL)
Terrence T. Holocher (IN)
Logan L. Jackson (CA)
Elie Jean (NJ)
Dean L. Jerpseth (MN)
Paul T. Laak (WA)
Terrence P. Lescamela (MI)
Janet M. Lind (SD)
Russell D. Logan (NC)
Tommaso Maccarrone (NJ)
Larry D. May (AR)
Raymond Mendez (NY)
Anthony J. Miller (PA)
Marlin D. Milliken (PA)
Charles R. Mims (AL)
Gustavo A. Mojica (FL)
Charles E. Otts, III (NE)
Rajesh Patel (NJ)
Timothy S. Pederson (SD)
Carlos J. Perez-Beltran (PA)
Bruce J. Pfeffer (IA)
Seth A. Piel (CO)
Carlos M. Pinto (NY)
Peter C. Poungded (CA)
Michael D. Prestby (IA)
Gary L. Ray (AR)
Thomas L. Rice (TN)
Wilson Rosado (IN)
Jason G. Ross (CA)
Timothy P. Ross (FL)
Sandra J. Sexton (IL)
Jacob A. Small (NJ)
Gregory T. Smith (WY)
Randy Smith (MD)
Timmy J. Tarnowski (MN)
Dale L. Vaughan (MO)
Tyler J. Vogt (IL)
Christoph Wagner (NJ)
Russell J. Welke (WI)
Donald L. Westbrook (PA)
David M. Wike (NC)

    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: June 8, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-14246 Filed 6-15-16; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Notices 39325

that drivers with diabetes had a higher the applicants to operate CMVs in Hugh R. Ferguson (MA)
rate of crash involvement than the interstate commerce. James A. Graczyk (NY)
general population. The diabetes rule To evaluate the effect of these Isadios P. Harris (NJ)
provides that ‘‘A person is physically exemptions on safety, FMCSA David A. Heine (ND)
qualified to drive a commercial motor considered medical reports about the Nathaniel P. Hetherington (PA)
vehicle if that person has no established applicants’ ITDM and vision, and Surlloyd D. Hilson (FL)
medical history or clinical diagnosis of reviewed the treating endocrinologists’ Terrence T. Holocher (IN)
diabetes mellitus currently requiring medical opinion related to the ability of Logan L. Jackson (CA)
insulin for control’’ (49 CFR the driver to safely operate a CMV while Elie Jean (NJ)
391.41(b)(3)). using insulin. Dean L. Jerpseth (MN)
FMCSA established its diabetes Consequently, FMCSA finds that in Paul T. Laak (WA)
exemption program, based on the each case exempting these applicants Terrence P. Lescamela (MI)
Agency’s July 2000 study entitled ‘‘A from the diabetes requirement in 49 CFR Janet M. Lind (SD)
Report to Congress on the Feasibility of 391.41(b)(3) is likely to achieve a level Russell D. Logan (NC)
a Program to Qualify Individuals with of safety equal to that existing without Tommaso Maccarrone (NJ)
Insulin-Treated Diabetes Mellitus to the exemption. Larry D. May (AR)
Operate in Interstate Commerce as Raymond Mendez (NY)
Directed by the Transportation Act for VI. Conditions and Requirements Anthony J. Miller (PA)
the 21st Century.’’ The report concluded The terms and conditions of the Marlin D. Milliken (PA)
that a safe and practicable protocol to exemption will be provided to the Charles R. Mims (AL)
allow some drivers with ITDM to applicants in the exemption document Gustavo A. Mojica (FL)
operate CMVs is feasible. The and they include the following: (1) That Charles E. Otts, III (NE)
September 3, 2003 (68 FR 52441), each individual submit a quarterly Rajesh Patel (NJ)
Federal Register notice in conjunction monitoring checklist completed by the Timothy S. Pederson (SD)
with the November 8, 2005 (70 FR treating endocrinologist as well as an Carlos J. Perez-Beltran (PA)
67777), Federal Register notice provides annual checklist with a comprehensive Bruce J. Pfeffer (IA)
the current protocol for allowing such medical evaluation; (2) that each Seth A. Piel (CO)
drivers to operate CMVs in interstate individual reports within 2 business Carlos M. Pinto (NY)
commerce. days of occurrence, all episodes of Peter C. Poungded (CA)
These 56 applicants have had ITDM severe hypoglycemia, significant Michael D. Prestby (IA)
over a range of 1 to 57 years. These complications, or inability to manage Gary L. Ray (AR)
applicants report no severe diabetes; also, any involvement in an Thomas L. Rice (TN)
hypoglycemic reactions resulting in loss accident or any other adverse event in Wilson Rosado (IN)
of consciousness or seizure, requiring a CMV or personal vehicle, whether or Jason G. Ross (CA)
the assistance of another person, or not it is related to an episode of Timothy P. Ross (FL)
resulting in impaired cognitive function hypoglycemia; (3) that each individual Sandra J. Sexton (IL)
that occurred without warning provide a copy of the ophthalmologist’s Jacob A. Small (NJ)
symptoms, in the past 12 months and no or optometrist’s report to the medical Gregory T. Smith (WY)
recurrent (2 or more) severe examiner at the time of the annual Randy Smith (MD)
hypoglycemic episodes in the past 5 medical examination; and (4) that each Timmy J. Tarnowski (MN)
years. In each case, an endocrinologist individual provide a copy of the annual Dale L. Vaughan (MO)
verified that the driver has medical certification to the employer for Tyler J. Vogt (IL)
demonstrated a willingness to properly retention in the driver’s qualification Christoph Wagner (NJ)
monitor and manage his/her diabetes file, or keep a copy in his/her driver’s Russell J. Welke (WI)
mellitus, received education related to qualification file if he/she is self- Donald L. Westbrook (PA)
diabetes management, and is on a stable employed. The driver must also have a David M. Wike (NC)
insulin regimen. These drivers report no copy of the certification when driving, In accordance with 49 U.S.C. 31136(e)
other disqualifying conditions, for presentation to a duly authorized and 31315 each exemption is valid for
including diabetes-related Federal, State, or local enforcement two years unless revoked earlier by
complications. Each meets the vision official. FMCSA. The exemption will be revoked
requirement at 49 CFR 391.41(b)(10). if the following occurs: (1) The person
The qualifications and medical VII. Conclusion fails to comply with the terms and
condition of each applicant were stated Based upon its evaluation of the 56 conditions of the exemption; (2) the
and discussed in detail in the December exemption applications, FMCSA exemption has resulted in a lower level
21, 2015, Federal Register notice and exempts the following drivers from the of safety than was maintained before it
they will not be repeated in this notice. diabetes requirement in 49 CFR was granted; or (3) continuation of the
391.41(b)(10), subject to the exemption would not be consistent with
IV. Discussion of Comments the goals and objectives of 49 U.S.C.
requirements cited above 49 CFR
FMCSA received no comments in this 391.64(b): 31136(e) and 31315. If the exemption is
proceeding. James R. Bishop (WV) still effective at the end of the 2-year
asabaliauskas on DSK3SPTVN1PROD with NOTICES

V. Basis for Exemption Determination Randall S. Blight (MI) period, the person may apply to FMCSA
George S. Callahan (IN) for a renewal under procedures in effect
Under 49 U.S.C. 31136(e) and 31315, Jeffrey L. Carlson (MN) at that time.
FMCSA may grant an exemption from Myron D. Collins (CO)
the diabetes requirement in 49 CFR Issued on: June 8, 2016.
Paul E. Costello (NE)
391.41(b)(3) if the exemption is likely to Larry W. Minor,
Daniel J. Cramer (WI)
achieve an equivalent or greater level of Cyrus G. Davenport, Jr. (VA) Associate Administrator for Policy.
safety than would be achieved without Pete J. Dewitt (CA) [FR Doc. 2016–14246 Filed 6–15–16; 8:45 am]
the exemption. The exemption allows Frank A. Earullo (IL) BILLING CODE 4910–EX–P

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Document Created: 2016-06-16 00:37:34
Document Modified: 2016-06-16 00:37:34

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 January 21, 2016. The exemptions expire on January 21, 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 39324

81 FR 39324 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 116 (June 16, 2016)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration