81 FR 42043 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 81, Issue 124 (June 28, 2016)
Federal Motor Carrier Safety Administration
Federal Register Volume 81, Issue 124 (June 28, 2016)
| Page Range | 42043-42044 | |
| FR Document | 2016-15219 |
[Federal Register Volume 81, Number 124 (Tuesday, June 28, 2016)] [Notices] [Pages 42043-42044] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-15219] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA-2016-0034] 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 74 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 74 individuals and requested comments from the public (81 FR 14179. The public comment period closed on April 15, 2016, and 3 comments were received. FMCSA has evaluated the eligibility of the 74 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 74 applicants have had ITDM over a range of 1 to 36 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 3 comments in this proceeding. Jill Lewis believes exemptions should not be granted to those over the age of 70. Irene Medina and Daniel Adams believe exemptions should be granted to all listed in the notice. FMCSA's response to Jill Lewis's comment; ``All drivers that are granted exemptions from the diabetes standard must be examined by a certified medical examiner, endocrinologist, and eye doctor, who determine if the driver is medically qualified to operate a CMV in interstate commerce. Therefore, if applicants over the age of 70 are determined to be medically qualified, there is no basis for denying them exemptions.'' 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 [[Page 42044]] 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 74 exemption applications, FMCSA exempts the followirryng drivers from the diabetes requirement in 49 CFR 391.41(b)(10), subject to the requirements cited above 949 CFR 391.64(b)): Daniel S. Adams (ME) Harold E. Adams, Sr. (IL) Albert L. Alexander (IN) Jerry J. Altenburg (WI) Chris L. Austin (AL) Cory M. Bessette (NY) Daryl K. Birr (WI) Jerry L. Brown (TN) James R. Burch, II (NC) Anthony K. Bush (OH) Walter L. Butcher, IV (PA) Russell E. Cadman (CO) Mary L. Carr (NC) Alexander W. Coleman (WA) Earl J. Collier, Jr. (MA) Carolyn J. Conover (TN) Gary R. Craig (PA) Sebastian Dacruz, Jr. (NJ) Scott D. Davis (KS) Richard W. Dentler (ID) Troy A. Epps (MA) Joel R. Farmer (ID) Joseph A. Figueroa (MD) Ronald Floyd (NY) Donald W. Fowler, Jr. (NY) Leonel E. Garcia-Bejar (TX) William A. Garrett (GA) Tyrone B. Gary, Sr. (PA) Hardy D. Glanzer (ND) David Guerrero (IL) Bruce T. Hanson (MN) Darrell E. Holtsoi (NM) Roger J. Huffsmith (WA) Joseph P. Hurston (MA) Raymond W. James (AZ) Kevin E. Johnson (TX) Thomas A. Johnson (MN) Calvin E. Jones, Jr. (VA) Russell D. Koehler (WI) Richard A. Lange (IL) John K. Long (MA) Russell J. Luedecker (NJ) Eugene D. Maessner (ND) Leroy A. Maines (PA) Brady T. Mart (IA) Kevin R. Martin (MO) Jack L. McClintock (PA) Luis A, Medina (CA) Jimmie L. Melton (FL) Robert J. Miller (VA) Kirk A. Mosier (IA) Daniel A. Neuens (WI) Ephraim K. Njoroge (MA) Mark C. Overbaugh (NY) Mario A. Papa (RI) Joseph F. Puliafico (NY) James N. Rice III (SC) Noble E. Risley (IL) Jacob C. Rojan (IN) Vincent Romeo (FL) Marilyn Segarra (CT) Jeffrey J. Smith (VA) Ronald D. Smith (IN) Kenneth W. Swisher (IL) Melissa Tell (NY) Jeremy N. Thompson (NY) Charles R. Thompson, Jr. (KY) William O. Wallen (IL) Steven G. Wehrle (MO) James H. Wilkey (ID) Dion Williams, Jr. (ND) Joseph M. Wilson, II (WA) Scottie J. Wood (VA) Jefferson Yazzie (NM) 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: June 16, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016-15219 Filed 6-27-16; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Notices 42043
Issued on: June 20, 2016. II. Background diabetes management, and is on a stable
Larry W. Minor, On March 16, 2016, FMCSA insulin regimen. These drivers report no
Associate Administrator for Policy. published a notice of receipt of Federal other disqualifying conditions,
[FR Doc. 2016–15223 Filed 6–27–16; 8:45 am] diabetes exemption applications from including diabetes-related
BILLING CODE 4910–EX–P 74 individuals and requested comments complications. Each meets the vision
from the public (81 FR 14179. The requirement at 49 CFR 391.41(b)(10).
The qualifications and medical
public comment period closed on April
DEPARTMENT OF TRANSPORTATION condition of each applicant were stated
15, 2016, and 3 comments were
and discussed in detail in the March 16,
received.
Federal Motor Carrier Safety FMCSA has evaluated the eligibility 2016, Federal Register notice and they
Administration of the 74 applicants and determined that will not be repeated in this notice.
granting the exemptions to these III. Discussion of Comments
[FMCSA Docket No. FMCSA–2016–0034] individuals would achieve a level of FMCSA received 3 comments in this
safety equivalent to or greater than the proceeding. Jill Lewis believes
Qualification of Drivers; Exemption level that would be achieved by
Applications; Diabetes Mellitus exemptions should not be granted to
complying with the current regulation those over the age of 70. Irene Medina
AGENCY: Federal Motor Carrier Safety 49 CFR 391.41(b)(3). and Daniel Adams believe exemptions
Administration (FMCSA), DOT. Diabetes Mellitus and Driving should be granted to all listed in the
ACTION: Notice of final disposition. Experience of the Applicants notice. FMCSA’s response to Jill Lewis’s
comment; ‘‘All drivers that are granted
SUMMARY: FMCSA confirms its decision The Agency established the current
exemptions from the diabetes standard
to exempt 74 individuals from its rule requirement for diabetes in 1970
must be examined by a certified medical
prohibiting persons with insulin-treated because several risk studies indicated
examiner, endocrinologist, and eye
diabetes mellitus (ITDM) from operating that drivers with diabetes had a higher
doctor, who determine if the driver is
commercial motor vehicles (CMVs) in rate of crash involvement than the
medically qualified to operate a CMV in
interstate commerce. The exemptions general population. The diabetes rule
interstate commerce. Therefore, if
enable these individuals to operate provides that ‘‘A person is physically
applicants over the age of 70 are
CMVs in interstate commerce. qualified to drive a commercial motor
determined to be medically qualified,
vehicle if that person has no established
DATES: The exemptions were effective there is no basis for denying them
medical history or clinical diagnosis of
on April 16, 2016. The exemptions exemptions.’’
diabetes mellitus currently requiring
expire on April 16, 2018. insulin for control’’ (49 CFR IV. Basis for Exemption Determination
FOR FURTHER INFORMATION CONTACT: 391.41(b)(3)). Under 49 U.S.C. 31136(e) and 31315,
Christine A. Hydock, Chief, Medical FMCSA established its diabetes FMCSA may grant an exemption from
Programs Division, (202) 366–4001, exemption program, based on the the diabetes requirement in 49 CFR
fmcsamedical@dot.gov, FMCSA, Agency’s July 2000 study entitled ‘‘A 391.41(b)(3) if the exemption is likely to
Department of Transportation, 1200 Report to Congress on the Feasibility of achieve an equivalent or greater level of
New Jersey Avenue SE., Room W64– a Program to Qualify Individuals with safety than would be achieved without
113, Washington, DC 20590–0001. Insulin-Treated Diabetes Mellitus to the exemption. The exemption allows
Office hours are from 8:30 a.m. to 5 p.m. Operate in Interstate Commerce as the applicants to operate CMVs in
e.t., Monday through Friday, except Directed by the Transportation Act for interstate commerce.
Federal holidays. the 21st Century.’’ The report concluded To evaluate the effect of these
SUPPLEMENTARY INFORMATION: that a safe and practicable protocol to exemptions on safety, FMCSA
allow some drivers with ITDM to considered medical reports about the
I. Electronic Access
operate CMVs is feasible. The applicants’ ITDM and vision, and
You may see all the comments online September 3, 2003 (68 FR 52441), reviewed the treating endocrinologists’
through the Federal Document Federal Register notice in conjunction medical opinion related to the ability of
Management System (FDMS) at: http:// with the November 8, 2005 (70 FR the driver to safely operate a CMV while
www.regulations.gov. 67777), Federal Register notice provides using insulin.
Docket: For access to the docket to the current protocol for allowing such Consequently, FMCSA finds that in
read background documents or drivers to operate CMVs in interstate each case exempting these applicants
comments, go to http:// commerce. from the diabetes requirement in 49 CFR
www.regulations.gov and/or Room These 74 applicants have had ITDM 391.41(b)(3) is likely to achieve a level
W12–140 on the ground level of the over a range of 1 to 36 years. These of safety equal to that existing without
West Building, 1200 New Jersey Avenue applicants report no severe the exemption.
SE., Washington, DC, between 9 a.m. hypoglycemic reactions resulting in loss
and 5 p.m., Monday through Friday, of consciousness or seizure, requiring V. Conditions and Requirements
except Federal holidays. the assistance of another person, or The terms and conditions of the
Privacy Act: In accordance with 5 resulting in impaired cognitive function exemption will be provided to the
U.S.C. 553(c), DOT solicits comments that occurred without warning applicants in the exemption document
asabaliauskas on DSK3SPTVN1PROD with NOTICES
from the public to better inform its symptoms, in the past 12 months and no and they include the following: (1) That
rulemaking process. DOT posts these recurrent (2 or more) severe each individual submit a quarterly
comments, without edit, including any hypoglycemic episodes in the past 5 monitoring checklist completed by the
personal information the commenter years. In each case, an endocrinologist treating endocrinologist as well as an
provides, to www.regulations.gov, as verified that the driver has annual checklist with a comprehensive
described in the system of records demonstrated a willingness to properly medical evaluation; (2) that each
notice (DOT/ALL–14 FDMS), which can monitor and manage his/her diabetes individual reports within 2 business
be reviewed at www.dot.gov/privacy. mellitus, received education related to days of occurrence, all episodes of
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![42044 Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Notices
severe hypoglycemia, significant Richard A. Lange (IL) ACTION:Notice of applications for
complications, or inability to manage John K. Long (MA) exemptions; request for comments.
diabetes; also, any involvement in an Russell J. Luedecker (NJ)
accident or any other adverse event in Eugene D. Maessner (ND) SUMMARY: FMCSA announces receipt of
a CMV or personal vehicle, whether or Leroy A. Maines (PA) applications from 58 individuals for
not it is related to an episode of Brady T. Mart (IA) exemption from the prohibition against
hypoglycemia; (3) that each individual Kevin R. Martin (MO) persons with insulin-treated diabetes
provide a copy of the ophthalmologist’s Jack L. McClintock (PA) mellitus (ITDM) operating commercial
Luis A, Medina (CA) motor vehicles (CMVs) in interstate
or optometrist’s report to the medical Jimmie L. Melton (FL)
examiner at the time of the annual commerce. If granted, the exemptions
Robert J. Miller (VA) would enable these individuals with
medical examination; and (4) that each Kirk A. Mosier (IA)
individual provide a copy of the annual ITDM to operate CMVs in interstate
Daniel A. Neuens (WI) commerce.
medical certification to the employer for Ephraim K. Njoroge (MA)
retention in the driver’s qualification Mark C. Overbaugh (NY) DATES: Comments must be received on
file, or keep a copy in his/her driver’s Mario A. Papa (RI) or before July 28, 2016.
qualification file if he/she is self- Joseph F. Puliafico (NY) ADDRESSES: You may submit comments
employed. The driver must also have a James N. Rice III (SC) to the Federal Docket Management
copy of the certification when driving, Noble E. Risley (IL) System (FDMS) Docket No. FMCSA–
for presentation to a duly authorized Jacob C. Rojan (IN) 2016–0042 using any of the following
Federal, State, or local enforcement Vincent Romeo (FL)
methods:
official. Marilyn Segarra (CT)
Jeffrey J. Smith (VA) • Federal eRulemaking Portal: Go to
VI. Conclusion Ronald D. Smith (IN) http://www.regulations.gov. Follow the
Kenneth W. Swisher (IL) on-line instructions for submitting
Based upon its evaluation of the 74 comments.
exemption applications, FMCSA Melissa Tell (NY)
Jeremy N. Thompson (NY) • Mail: Docket Management Facility;
exempts the followirryng drivers from U.S. Department of Transportation, 1200
Charles R. Thompson, Jr. (KY)
the diabetes requirement in 49 CFR William O. Wallen (IL) New Jersey Avenue SE., West Building
391.41(b)(10), subject to the Steven G. Wehrle (MO) Ground Floor, Room W12–140,
requirements cited above 949 CFR James H. Wilkey (ID) Washington, DC 20590–0001.
391.64(b)): Dion Williams, Jr. (ND) • Hand Delivery: West Building
Daniel S. Adams (ME) Joseph M. Wilson, II (WA) Ground Floor, Room W12–140, 1200
Harold E. Adams, Sr. (IL) Scottie J. Wood (VA) New Jersey Avenue SE., Washington,
Albert L. Alexander (IN) Jefferson Yazzie (NM) DC, between 9 a.m. and 5 p.m., Monday
Jerry J. Altenburg (WI) In accordance with 49 U.S.C. 31136(e) through Friday, except Federal
Chris L. Austin (AL) and 31315 each exemption is valid for Holidays.
Cory M. Bessette (NY) two years unless revoked earlier by • Fax: 1–202–493–2251.
Daryl K. Birr (WI) FMCSA. The exemption will be revoked Instructions: Each submission must
Jerry L. Brown (TN) if the following occurs: (1) The person include the Agency name and the
James R. Burch, II (NC) fails to comply with the terms and docket numbers for this notice. Note
Anthony K. Bush (OH) conditions of the exemption; (2) the that all comments received will be
Walter L. Butcher, IV (PA) exemption has resulted in a lower level posted without change to http://
Russell E. Cadman (CO) of safety than was maintained before it www.regulations.gov, including any
Mary L. Carr (NC) was granted; or (3) continuation of the personal information provided. Please
Alexander W. Coleman (WA) exemption would not be consistent with see the Privacy Act heading below for
Earl J. Collier, Jr. (MA) the goals and objectives of 49 U.S.C.
Carolyn J. Conover (TN) further information.
31136(e) and 31315. If the exemption is Docket: For access to the docket to
Gary R. Craig (PA) still effective at the end of the 2-year
Sebastian Dacruz, Jr. (NJ) read background documents or
period, the person may apply to FMCSA comments, go to http://
Scott D. Davis (KS)
for a renewal under procedures in effect www.regulations.gov at any time or
Richard W. Dentler (ID)
at that time. Room W12–140 on the ground level of
Troy A. Epps (MA)
Joel R. Farmer (ID) Dated: June 16, 2016. the West Building, 1200 New Jersey
Joseph A. Figueroa (MD) Larry W. Minor, Avenue SE., Washington, DC, between 9
Ronald Floyd (NY) Associate Administrator for Policy. a.m. and 5 p.m., Monday through
Donald W. Fowler, Jr. (NY) Friday, except Federal holidays. The
[FR Doc. 2016–15219 Filed 6–27–16; 8:45 am]
Leonel E. Garcia-Bejar (TX) Federal Docket Management System
BILLING CODE 4910–EX–P
William A. Garrett (GA) (FDMS) is available 24 hours each day,
Tyrone B. Gary, Sr. (PA) 365 days each year. If you want
Hardy D. Glanzer (ND) DEPARTMENT OF TRANSPORTATION acknowledgment that we received your
David Guerrero (IL) comments, please include a self-
addressed, stamped envelope or
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Bruce T. Hanson (MN) Federal Motor Carrier Safety
Darrell E. Holtsoi (NM) Administration postcard or print the acknowledgement
Roger J. Huffsmith (WA) page that appears after submitting
[Docket No. FMCSA- 2016–0042] comments on-line.
Joseph P. Hurston (MA)
Raymond W. James (AZ) Privacy Act: In accordance with 5
Qualification of Drivers; Exemption
Kevin E. Johnson (TX) U.S.C. 553(c), DOT solicits comments
Applications; Diabetes Mellitus
Thomas A. Johnson (MN) from the public to better inform its
Calvin E. Jones, Jr. (VA) AGENCY:Federal Motor Carrier Safety rulemaking process. DOT posts these
Russell D. Koehler (WI) Administration (FMCSA), DOT. comments, without edit, including any
VerDate Sep<11>2014 17:49 Jun 27, 2016 Jkt 238001 PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 E:\FR\FM\28JNN1.SGM 28JNN1](https://thefederalregister.org/doc/81_FR_42167/page/2.svg)
Document Created: 2016-06-28 00:53:33
Document Modified: 2016-06-28 00:53:33
| 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 42043 |
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