81 FR 45205 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 81, Issue 133 (July 12, 2016)
Federal Motor Carrier Safety Administration
Federal Register Volume 81, Issue 133 (July 12, 2016)
| Page Range | 45205-45206 | |
| FR Document | 2016-16429 |
[Federal Register Volume 81, Number 133 (Tuesday, July 12, 2016)] [Notices] [Pages 45205-45206] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-16429] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA-2015-0338] 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 44 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 14, 2016. The exemptions expire on January 14, 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 14, 2015, FMCSA published a notice of receipt of Federal diabetes exemption applications from 44 individuals and requested comments from the public (80 FR 77408). The public comment period closed on January 13, 2016. FMCSA has evaluated the eligibility of the 44 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 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 44 applicants have had ITDM over a range of 1 to 37 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 14, 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 [[Page 45206]] 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 44 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)). Shannon M. Anfindsen (GA) Jessie L. Arrant, Jr. (GA) Joseph M. Benech (RI) Mark L. Birch (WI) Shane M. Burgard (MN) Jonathan W. Cottom (PA) David J. Davenport (WA) Wesley O. Davis (SC) Steven P. DelPizzo (PA) Savering F. Demiter (PA) Brandon A. Dipasquale (NY) Gregory P. Doyle (CO) Scott A. Fetner (AL) Alfredo Flores (KS) Timothy D. Funk (IL) James D. Gage (MI) Leslie G. Goodwin (KS) Diane M. Greenberg (VA) Brent P. Griswold (NY) Earl E. Hudson, III (SC) Gregory A. Huffman (TX) Donald R. Kuehn (MN) Robert D. Lair, Jr. (AR) Mark A. Leman (IL) Terry D. Leuthold (MT) Michael S. Massa (PA) Jordan L. Moss (GA) Ted A. Moyer (FL) Lynette A. Occhipinti (WA) Derek D. Patrick (MI) Joseph M. Petrucci (NH) James W. Prather (OH) Edward O. Prosser (RI) Dennis L. Ruff (WA) William J. Shrader (CA) Ronald L. Smith (KS) Wayne D. Smith (VT) Carnnell A. Taite (MI) Garrett J. Tousignant (IL) Franklin G. Towell (IN) Robert S. Townsend (NH) Zachary C. Warrick (NE) Zachary C. White (CA) Mark K. Wittig (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. Issued on: June 29, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016-16429 Filed 7-11-16; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 81, No. 133 / Tuesday, July 12, 2016 / Notices 45205
hours of supervised operating II. Background insulin regimen. These drivers report no
experience and no fewer than two On December 14, 2015, FMCSA other disqualifying conditions,
landings. published a notice of receipt of Federal including diabetes-related
[FR Doc. 2016–16413 Filed 7–11–16; 8:45 am] diabetes exemption applications from complications. Each meets the vision
BILLING CODE 4910–13–P 44 individuals and requested comments requirement at 49 CFR 391.41(b)(10).
The qualifications and medical
from the public (80 FR 77408). The
condition of each applicant were stated
public comment period closed on
DEPARTMENT OF TRANSPORTATION and discussed in detail in the December
January 13, 2016.
FMCSA has evaluated the eligibility 14, 2015, Federal Register notice and
Federal Motor Carrier Safety of the 44 applicants and determined that they will not be repeated in this notice.
Administration granting the exemptions to these IV. Discussion of Comments
individuals would achieve a level of FMCSA received no comments in this
[FMCSA Docket No. FMCSA–2015–0338] safety equivalent to or greater than the proceeding.
level that would be achieved by
Qualification of Drivers; Exemption complying with the current regulation V. Basis for Exemption Determination
Applications; Diabetes Mellitus 49 CFR 391.41(b)(3). Under 49 U.S.C. 31136(e) and 31315,
AGENCY: Federal Motor Carrier Safety III. Diabetes Mellitus and Driving FMCSA may grant an exemption from
Administration (FMCSA), DOT. Experience of the Applicants the diabetes requirement in 49 CFR
ACTION: Notice of final disposition. 391.41(b)(3) if the exemption is likely to
The Agency established the current achieve an equivalent or greater level of
SUMMARY: FMCSA confirms its decision requirement for diabetes in 1970 safety than would be achieved without
to exempt 44 individuals from its rule because several risk studies indicated the exemption. The exemption allows
prohibiting persons with insulin-treated that drivers with diabetes had a higher the applicants to operate CMVs in
diabetes mellitus (ITDM) from operating rate of crash involvement than the interstate commerce.
commercial motor vehicles (CMVs) in general population. The diabetes rule To evaluate the effect of these
interstate commerce. The exemptions provides that ‘‘A person is physically exemptions on safety, FMCSA
enable these individuals to operate qualified to drive a commercial motor considered medical reports about the
CMVs in interstate commerce. vehicle if that person has no established applicants’ ITDM and vision, and
medical history or clinical diagnosis of reviewed the treating endocrinologists’
DATES: The exemptions were effective
diabetes mellitus currently requiring medical opinion related to the ability of
on January 14, 2016. The exemptions insulin for control’’ (49 CFR
expire on January 14, 2018. the driver to safely operate a CMV while
391.41(b)(3)). using insulin.
FOR FURTHER INFORMATION CONTACT: FMCSA established its diabetes Consequently, FMCSA finds that in
Christine A. Hydock, Chief, Medical exemption program, based on the each case exempting these applicants
Programs Division, (202) 366–4001, Agency’s July 2000 study entitled ‘‘A from the diabetes requirement in 49 CFR
fmcsamedical@dot.gov, FMCSA, Report to Congress on the Feasibility of 391.41(b)(3) is likely to achieve a level
Department of Transportation, 1200 a Program to Qualify Individuals with of safety equal to that existing without
New Jersey Avenue SE., Room W64– Insulin-Treated Diabetes Mellitus to the exemption.
113, Washington, DC 20590–0001. Operate in Interstate Commerce as
Office hours are from 8:30 a.m. to 5 p.m. Directed by the Transportation Act for VI. Conditions and Requirements
e.t., Monday through Friday, except the 21st Century.’’ The report concluded The terms and conditions of the
Federal holidays. that a safe and practicable protocol to exemption will be provided to the
SUPPLEMENTARY INFORMATION: allow some drivers with ITDM to applicants in the exemption document
operate CMVs is feasible. The and they include the following: (1) That
I. Electronic Access each individual submit a quarterly
September 3, 2003 (68 FR 52441),
You may see all the comments online Federal Register notice in conjunction monitoring checklist completed by the
through the Federal Document with the November 8, 2005 (70 FR treating endocrinologist as well as an
Management System (FDMS) at: http:// 67777), Federal Register notice provides annual checklist with a comprehensive
www.regulations.gov. the current protocol for allowing such medical evaluation; (2) that each
Docket: For access to the docket to drivers to operate CMVs in interstate individual reports within 2 business
read background documents or commerce. days of occurrence, all episodes of
comments, go to http:// These 44 applicants have had ITDM severe hypoglycemia, significant
www.regulations.gov and/or Room over a range of 1 to 37 years. These complications, or inability to manage
W12–140 on the ground level of the applicants report no severe diabetes; also, any involvement in an
West Building, 1200 New Jersey Avenue hypoglycemic reactions resulting in loss accident or any other adverse event in
SE., Washington, DC, between 9 a.m. of consciousness or seizure, requiring a CMV or personal vehicle, whether or
and 5 p.m., Monday through Friday, the assistance of another person, or not it is related to an episode of
except Federal holidays. resulting in impaired cognitive function hypoglycemia; (3) that each individual
Privacy Act: In accordance with 5 that occurred without warning provide a copy of the ophthalmologist’s
U.S.C. 553(c), DOT solicits comments symptoms, in the past 12 months and no or optometrist’s report to the medical
from the public to better inform its recurrent (2 or more) severe examiner at the time of the annual
mstockstill on DSK3G9T082PROD with NOTICES
rulemaking process. DOT posts these hypoglycemic episodes in the past 5 medical examination; and (4) that each
comments, without edit, including any years. In each case, an endocrinologist individual provide a copy of the annual
personal information the commenter verified that the driver has medical certification to the employer for
provides, to www.regulations.gov, as demonstrated a willingness to properly retention in the driver’s qualification
described in the system of records monitor and manage his/her diabetes file, or keep a copy in his/her driver’s
notice (DOT/ALL–14 FDMS), which can mellitus, received education related to qualification file if he/she is self-
be reviewed at www.dot.gov/privacy. diabetes management, and is on a stable employed. The driver must also have a
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![45206 Federal Register / Vol. 81, No. 133 / Tuesday, July 12, 2016 / Notices
copy of the certification when driving, the goals and objectives of 49 U.S.C. Federal document management system
for presentation to a duly authorized 31136(e) and 31315. If the exemption is is available 24 hours each day, 365 days
Federal, State, or local enforcement still effective at the end of the 2-year each year. If you want acknowledgment
official. period, the person may apply to FMCSA that we received your comments, please
for a renewal under procedures in effect include a self-addressed, stamped
VII. Conclusion
at that time. envelope or postcard or print the
Based upon its evaluation of the 44 Issued on: June 29, 2016. acknowledgement page that appears
exemption applications, FMCSA after submitting comments on-line.
Larry W. Minor,
exempts the following drivers from the Privacy Act: In accordance with 5
diabetes requirement in 49 CFR Associate Administrator for Policy.
U.S.C. 553(c), DOT solicits comments
391.41(b)(10), subject to the [FR Doc. 2016–16429 Filed 7–11–16; 8:45 am]
from the public to better inform its
requirements cited above 49 CFR BILLING CODE 4910–EX–P rulemaking process. DOT posts these
391.64(b)). comments, without edit, including any
Shannon M. Anfindsen (GA) personal information the commenter
DEPARTMENT OF TRANSPORTATION provides, to www.regulations.gov, as
Jessie L. Arrant, Jr. (GA)
Joseph M. Benech (RI) Federal Motor Carrier Safety described in the system of records
Mark L. Birch (WI) Administration notice (DOT/ALL–14 FDMS), which can
Shane M. Burgard (MN) be reviewed at www.dot.gov/privacy.
Jonathan W. Cottom (PA) [Docket No. FMCSA–2014–0177] FOR FURTHER INFORMATION CONTACT: For
David J. Davenport (WA) information contact Mr. Catterson Oh,
Wesley O. Davis (SC) Crash Weighting Analysis
Compliance Division, Federal Motor
Steven P. DelPizzo (PA) AGENCY: Federal Motor Carrier Safety Carrier Safety Administration, 1200
Savering F. Demiter (PA) Administration (FMCSA), DOT. New Jersey Avenue SE., Washington,
Brandon A. Dipasquale (NY) ACTION: Notice; response to public DC 20590, Telephone 202–366–2247 or
Gregory P. Doyle (CO) comments. by email: Catterson.Oh@dot.gov. If you
Scott A. Fetner (AL) have questions on viewing or submitting
Alfredo Flores (KS) SUMMARY: On January 23, 2015, FMCSA material to the docket, contact Docket
Timothy D. Funk (IL) announced the results of the Agency’s Operations, telephone (202) 366–9826.
James D. Gage (MI) study on the feasibility of using a motor SUPPLEMENTARY INFORMATION:
Leslie G. Goodwin (KS) carrier’s role in crashes in the
Diane M. Greenberg (VA) assessment of the company’s safety. I. Background
Brent P. Griswold (NY) This study assessed (1) whether Police The Compliance, Safety,
Earl E. Hudson, III (SC) Accident Reports (PARs) provide Accountability (CSA) program is
Gregory A. Huffman (TX) sufficient, consistent, and reliable FMCSA’s enforcement model that
Donald R. Kuehn (MN) information to support crash weighting allows the Agency and its State partners
Robert D. Lair, Jr. (AR) determinations; (2) whether a crash to identify and address motor carrier
Mark A. Leman (IL) weighting determination process would safety problems before crashes occur.
Terry D. Leuthold (MT) offer an even stronger predictor of crash The Agency’s SMS quantifies the on-
Michael S. Massa (PA) risk than overall crash involvement and road safety performance of motor
Jordan L. Moss (GA) how crash weighting would be carriers to prioritize enforcement
Ted A. Moyer (FL) implemented in the Agency’s Safety resources. FMCSA first announced the
Lynette A. Occhipinti (WA) Measurement System (SMS); and (3) implementation of the SMS in the
Derek D. Patrick (MI) how FMCSA might manage a process for Federal Register on April 9, 2010 (75 FR
Joseph M. Petrucci (NH) making crash weighting determinations, 18256) (Docket No. FMCSA–2004–
James W. Prather (OH) including the acceptance of public 18898). Violations are sorted into
Edward O. Prosser (RI) input. BASICs, which include a Crash
Dennis L. Ruff (WA) Based on the feedback received in Indicator BASIC.
William J. Shrader (CA) response to the January 23, 2015, Since its implementation in 2010, the
Ronald L. Smith (KS) Federal Register notice, FMCSA SMS has used recordable crash records
Wayne D. Smith (VT) conducted additional analysis to involving commercial motor vehicles
Carnnell A. Taite (MI) improve the effectiveness of the Crash (CMVs) that are submitted by the States
Garrett J. Tousignant (IL) Indicator Behavior Analysis and Safety through the Agency’s Motor Carrier
Franklin G. Towell (IN) Improvement Category (BASIC). In Management Information System, in
Robert S. Townsend (NH) addition, the Agency will develop and addition to compliance and safety
Zachary C. Warrick (NE) implement a demonstration program to performance in other BASICs, to
Zachary C. White (CA) determine the efficacy of a program to prioritize carriers for safety
Mark K. Wittig (NY) conduct preventability determinations interventions. The Agency uses the
In accordance with 49 U.S.C. 31136(e) on certain types of crashes that definition of ‘‘accident’’ in 49 CFR
and 31315 each exemption is valid for generally are less complex. 390.5, which means an occurrence
two years unless revoked earlier by ADDRESSES: Docket: For access to the involving a CMV operating on a
FMCSA. The exemption will be revoked docket to read background documents highway in interstate or intrastate
mstockstill on DSK3G9T082PROD with NOTICES
if the following occurs: (1) The person or comments, go to www.regulations.gov commerce that results in: (i) A fatality;
fails to comply with the terms and at any time or visit Room W12–140 on (ii) bodily injury to a person who, as a
conditions of the exemption; (2) the the ground level of the West Building, result of the injury, immediately
exemption has resulted in a lower level 1200 New Jersey Avenue SE., receives medical treatment away from
of safety than was maintained before it Washington, DC, between 9 a.m. and 5 the scene of the accident; or (iii) one or
was granted; or (3) continuation of the p.m., ET, Monday through Friday, more motor vehicles incurring disabling
exemption would not be consistent with except Federal holidays. The on-line damage as a result of the accident,
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Document Created: 2016-07-12 01:59:47
Document Modified: 2016-07-12 01:59:47
| 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 14, 2016. The exemptions expire on January 14, 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 45205 |
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