81 FR 45213 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 133 (July 12, 2016)

Page Range		45213-45214
FR Document		2016-16428

FMCSA confirms its decision to exempt 55 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 133 (Tuesday, July 12, 2016)

[Federal Register Volume 81, Number 133 (Tuesday, July 12, 2016)]
[Notices]
[Pages 45213-45214]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-16428]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2015-0340]


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 55 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 29, 2016. The 
exemptions expire on January 29, 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 29, 2015, FMCSA published a notice of receipt of 
Federal diabetes exemption applications from 55 individuals and 
requested comments from the public (80 FR 81415). The public comment 
period closed on January 28, 2016.
    FMCSA has evaluated the eligibility of the 55 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 55 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

[[Page 45214]]

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 29, 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 55 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)).

William G. Adams (CA)
Elmer W. Barrall (DE)
Earl Bland (MO)
Richard W. Bostwick, II (MA)
Kevin Bracken (PA)
Donald L. Callahan (KY)
Mark A. Carlson (MI)
Charles W. Clark (TX)
Korey D. Clark (MI)
Michael A. Craig (NC)
Roderick E. Dean (NJ)
Mary K. Dillon (PA)
Eugene N. Dirl (PA)
Kevin F. Dykes (MA)
Richard L. Engle (KY)
Christopher J. Frank (NY)
Matthew E. Fry (KS)
Al Glover, Jr. (LA)
Jimmy H. Goacher (NC)
Jim B. Gonzalez (OR)
Nathaniel K. Hamilton (TX)
Michael D. Henry (OH)
Douglas E. Hensley (MO)
Jon C. Hicks (PA)
Kevin F. Hoffman (PA)
Jerry A. Huffman (NC)
Daurell A. Jones (MD)
Larry C. Krueger (NE)
Chad M. Kuck (AK)
Stephen B. Lenhart (OH)
Donald R. Leonard, Jr. (NH)
Jack D. McAlister (NH)
John K. Moorhead (KY)
Sandra R. Moultrie (GA)
John M. Olmstead (IN)
Dustin M. Parker (VT)
Patrick E. Patch (NY)
Howard L. Peacock (KS)
Carl F. Piekenbrock, Jr. (PA)
Chauncey W. Pittman (IN)
William Raben (GA)
James E. Richardson (NY)
Gerald C. Rosencrans (PA)
Henry J. Russo (NJ)
Richard G. Schumann (NJ)
Jefferson L. Smith (MA)
Troy T. Sunnarborg (MN)
Ohnedaruth M. Swain, Sr. (PA)
George W. Toro (NY)
Hugh S. Wacker (IL)
Kristopher L. Ward (WI)
David C. Wheat (TX)
William R. White (MI)
Curtis L. Worsfold (NE)
Jason D. Zagorski (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: July 5, 2016.
Larry W. Minor,
 Associate Administrator for Policy.
[FR Doc. 2016-16428 Filed 7-11-16; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 81, No. 133 / Tuesday, July 12, 2016 / Notices 45213

3. Undecided—In these cases, the carrier, and inform future policy rulemaking process. DOT posts these
documentation submitted did not allow decisions on this issue. comments, without edit, including any
for a conclusive decision by reviewers. personal information the commenter
H. Testing Period
When crash reviews are undecided, the provides, to www.regulations.gov, as
crash is not removed from SMS and the FMCSA proposes that the minimum described in the system of records
severity weighting is unchanged. The time period for this crash preventability notice (DOT/ALL–14 FDMS), which can
crash will still be listed on the Agency’s test would be 24 months. be reviewed at www.dot.gov/privacy.
Web sites with a note that reads, Issued under the authority delegated in 49 II. Background
‘‘FMCSA reviewed this crash and could CFR 1.87 on: July 5, 2016.
not make a preventability determination T.F. Scott Darling, III,
On December 29, 2015, FMCSA
based on the evidence provided.’’ published a notice of receipt of Federal
Acting Administrator.
In keeping with the Agency’s current diabetes exemption applications from
[FR Doc. 2016–16426 Filed 7–11–16; 8:45 am] 55 individuals and requested comments
preventability guidance, if a post-crash
inspection determines that the motor BILLING CODE 4910–EX–P from the public (80 FR 81415). The
carrier, vehicle, or driver was in public comment period closed on
violation of an out-of-service regulation January 28, 2016.
DEPARTMENT OF TRANSPORTATION FMCSA has evaluated the eligibility
at the time of the crash, the crash will
be determined to have been of the 55 applicants and determined that
Federal Motor Carrier Safety
‘‘Preventable.’’ granting the exemptions to these
Administration
individuals would achieve a level of
D. Review [FMCSA Docket No. FMCSA–2015–0340] safety equivalent to or greater than the
The public, including motor carriers level that would be achieved by
and drivers, would be allowed to seek Qualification of Drivers; Exemption complying with the current regulation
review of the RDR decision using the Applications; Diabetes Mellitus 49 CFR 391.41(b)(3).
DataQs system and processes currently AGENCY: Federal Motor Carrier Safety III. Diabetes Mellitus and Driving
in place. Administration (FMCSA), DOT. Experience of the Applicants
E. Quality Controls ACTION: Notice of final disposition. The Agency established the current
In order to ensure the quality and requirement for diabetes in 1970
SUMMARY: FMCSA confirms its decision
consistency of the reviews, FMCSA will because several risk studies indicated
to exempt 55 individuals from its rule
build a quality control standard into that drivers with diabetes had a higher
prohibiting persons with insulin-treated
either its contract or its internal rate of crash involvement than the
diabetes mellitus (ITDM) from operating
procedures. For example, it is general population. The diabetes rule
commercial motor vehicles (CMVs) in
anticipated that a process will be provides that ‘‘A person is physically
interstate commerce. The exemptions
established to require a certain percent qualified to drive a commercial motor
enable these individuals to operate
of reviews to be checked by a different vehicle if that person has no established
CMVs in interstate commerce.
reviewer to confirm consistent decisions medical history or clinical diagnosis of
DATES: The exemptions were effective diabetes mellitus currently requiring
are made. When a different conclusion on January 29, 2016. The exemptions
is reached by the second reviewer, a insulin for control’’ (49 CFR
expire on January 29, 2018. 391.41(b)(3)).
supervisor will be responsible for
FOR FURTHER INFORMATION CONTACT: FMCSA established its diabetes
reviewing the case and rendering a
decision. Christine A. Hydock, Chief, Medical exemption program, based on the
Programs Division, (202) 366–4001, Agency’s July 2000 study entitled ‘‘A
F. Fraudulent Requests fmcsamedical@dot.gov, FMCSA, Report to Congress on the Feasibility of
In accordance with the Agency’s Department of Transportation, 1200 a Program to Qualify Individuals with
existing DataQs program, any New Jersey Avenue SE., Room W64– Insulin-Treated Diabetes Mellitus to
intentionally false or misleading 113, Washington, DC 20590–0001. Operate in Interstate Commerce as
statement, representation, or document Office hours are from 8:30 a.m. to 5 p.m. Directed by the Transportation Act for
that is provided in support of an RDR e.t., Monday through Friday, except the 21st Century.’’ The report concluded
may result in prosecution for a violation Federal holidays. that a safe and practicable protocol to
of Federal law punishable by a fine of SUPPLEMENTARY INFORMATION: allow some drivers with ITDM to
not more than $10,000.00 or operate CMVs is feasible. The
I. Electronic Access September 3, 2003 (68 FR 52441),
imprisonment for not more than 5 years,
or both (18 U.S.C. 1001). You may see all the comments online Federal Register notice in conjunction
through the Federal Document with the November 8, 2005 (70 FR
G. Agency Analysis Management System (FDMS) at: http:// 67777), Federal Register notice provides
Throughout this test period, FMCSA www.regulations.gov. the current protocol for allowing such
will maintain data so that at the Docket: For access to the docket to drivers to operate CMVs in interstate
conclusion of the test, the Agency can read background documents or commerce.
conduct analysis. It is expected that the comments, go to http:// These 55 applicants have had ITDM
Agency’s analysis would include, but www.regulations.gov and/or Room over a range of 1 to 37 years. These
not be limited to, cost of operating the W12–140 on the ground level of the applicants report no severe
mstockstill on DSK3G9T082PROD with NOTICES

test, future crashes of carriers that West Building, 1200 New Jersey Avenue hypoglycemic reactions resulting in loss
submitted RDRs, future crash rates of SE., Washington, DC, between 9 a.m. of consciousness or seizure, requiring
motor carriers with preventable crashes, and 5 p.m., Monday through Friday, the assistance of another person, or
and impacts to SMS crash rates. The except Federal holidays. resulting in impaired cognitive function
analysis will be used to examine ATA’s Privacy Act: In accordance with 5 that occurred without warning
assertion that crashes of these types are U.S.C. 553(c), DOT solicits comments symptoms, in the past 12 months and no
not the responsibility of the motor from the public to better inform its recurrent (2 or more) severe

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45214 Federal Register / Vol. 81, No. 133 / Tuesday, July 12, 2016 / Notices

hypoglycemic episodes in the past 5 medical examination; and (4) that each Hugh S. Wacker (IL)
years. In each case, an endocrinologist individual provide a copy of the annual Kristopher L. Ward (WI)
verified that the driver has medical certification to the employer for David C. Wheat (TX)
demonstrated a willingness to properly retention in the driver’s qualification William R. White (MI)
monitor and manage his/her diabetes file, or keep a copy in his/her driver’s Curtis L. Worsfold (NE)
mellitus, received education related to qualification file if he/she is self- Jason D. Zagorski (NC)
In accordance with 49 U.S.C. 31136(e)
diabetes management, and is on a stable employed. The driver must also have a
and 31315 each exemption is valid for
insulin regimen. These drivers report no copy of the certification when driving,
two years unless revoked earlier by
other disqualifying conditions, for presentation to a duly authorized
FMCSA. The exemption will be revoked
including diabetes-related Federal, State, or local enforcement
if the following occurs: (1) The person
complications. Each meets the vision official.
fails to comply with the terms and
requirement at 49 CFR 391.41(b)(10).
VII. Conclusion conditions of the exemption; (2) the
The qualifications and medical
Based upon its evaluation of the 55 exemption has resulted in a lower level
condition of each applicant were stated
exemption applications, FMCSA of safety than was maintained before it
and discussed in detail in the December
exempts the following drivers from the was granted; or (3) continuation of the
29, 2015, Federal Register notice and
exemption would not be consistent with
they will not be repeated in this notice. diabetes requirement in 49 CFR
the goals and objectives of 49 U.S.C.
391.41(b)(10), subject to the
IV. Discussion of Comments 31136(e) and 31315. If the exemption is
requirements cited above 49 CFR
FMCSA received no comments in this still effective at the end of the 2-year
391.64(b)).
proceeding. period, the person may apply to FMCSA
William G. Adams (CA) for a renewal under procedures in effect
V. Basis for Exemption Determination Elmer W. Barrall (DE) at that time.
Earl Bland (MO)
Under 49 U.S.C. 31136(e) and 31315, Issued on: July 5, 2016.
Richard W. Bostwick, II (MA)
FMCSA may grant an exemption from Kevin Bracken (PA) Larry W. Minor,
the diabetes requirement in 49 CFR Donald L. Callahan (KY) Associate Administrator for Policy.
391.41(b)(3) if the exemption is likely to Mark A. Carlson (MI) [FR Doc. 2016–16428 Filed 7–11–16; 8:45 am]
achieve an equivalent or greater level of Charles W. Clark (TX) BILLING CODE 4910–EX–P
safety than would be achieved without Korey D. Clark (MI)
the exemption. The exemption allows Michael A. Craig (NC)
the applicants to operate CMVs in Roderick E. Dean (NJ) DEPARTMENT OF TRANSPORTATION
interstate commerce. Mary K. Dillon (PA)
To evaluate the effect of these Eugene N. Dirl (PA) Federal Motor Carrier Safety
exemptions on safety, FMCSA Kevin F. Dykes (MA) Administration
considered medical reports about the Richard L. Engle (KY) [Docket No. FMCSA–2016–0030]
applicants’ ITDM and vision, and Christopher J. Frank (NY)
reviewed the treating endocrinologists’ Matthew E. Fry (KS) Qualification of Drivers; Exemption
medical opinion related to the ability of Al Glover, Jr. (LA) Applications; Vision
the driver to safely operate a CMV while Jimmy H. Goacher (NC)
using insulin. Jim B. Gonzalez (OR) AGENCY: Federal Motor Carrier Safety
Consequently, FMCSA finds that in Nathaniel K. Hamilton (TX) Administration (FMCSA), DOT.
each case exempting these applicants Michael D. Henry (OH) ACTION: Notice of applications for
from the diabetes requirement in 49 CFR Douglas E. Hensley (MO) exemptions; request for comments.
391.41(b)(3) is likely to achieve a level Jon C. Hicks (PA)
of safety equal to that existing without SUMMARY: FMCSA announces receipt of
Kevin F. Hoffman (PA) applications from 18 individuals for
the exemption. Jerry A. Huffman (NC) exemption from the vision requirement
VI. Conditions and Requirements Daurell A. Jones (MD)
in the Federal Motor Carrier Safety
Larry C. Krueger (NE)
The terms and conditions of the Regulations. They are unable to meet
Chad M. Kuck (AK)
exemption will be provided to the the vision requirement in one eye for
Stephen B. Lenhart (OH)
applicants in the exemption document various reasons. The exemptions will
Donald R. Leonard, Jr. (NH)
and they include the following: (1) That enable these individuals to operate
Jack D. McAlister (NH)
each individual submit a quarterly commercial motor vehicles (CMVs) in
John K. Moorhead (KY)
monitoring checklist completed by the Sandra R. Moultrie (GA) interstate commerce without meeting
treating endocrinologist as well as an John M. Olmstead (IN) the prescribed vision requirement in
annual checklist with a comprehensive Dustin M. Parker (VT) one eye. If granted, the exemptions
medical evaluation; (2) that each Patrick E. Patch (NY) would enable these individuals to
individual reports within 2 business Howard L. Peacock (KS) qualify as drivers of commercial motor
days of occurrence, all episodes of Carl F. Piekenbrock, Jr. (PA) vehicles (CMVs) in interstate commerce.
severe hypoglycemia, significant Chauncey W. Pittman (IN) DATES: Comments must be received on
complications, or inability to manage William Raben (GA) or before August 11, 2016. All
diabetes; also, any involvement in an James E. Richardson (NY) comments will be investigated by
mstockstill on DSK3G9T082PROD with NOTICES

accident or any other adverse event in Gerald C. Rosencrans (PA) FMCSA. The exemptions will be issued
a CMV or personal vehicle, whether or Henry J. Russo (NJ) the day after the comment period closes.
not it is related to an episode of Richard G. Schumann (NJ) ADDRESSES: You may submit comments
hypoglycemia; (3) that each individual Jefferson L. Smith (MA) bearing the Federal Docket Management
provide a copy of the ophthalmologist’s Troy T. Sunnarborg (MN) System (FDMS) Docket No. FMCSA–
or optometrist’s report to the medical Ohnedaruth M. Swain, Sr. (PA) 2016–0030 using any of the following
examiner at the time of the annual George W. Toro (NY) methods:

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Document Created: 2016-07-12 01:58:58
Document Modified: 2016-07-12 01:58:58

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 29, 2016. The exemptions expire on January 29, 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 45213

81 FR 45213 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 133 (July 12, 2016)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration