81 FR 59723 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 81, Issue 168 (August 30, 2016)
Federal Motor Carrier Safety Administration
Federal Register Volume 81, Issue 168 (August 30, 2016)
| Page Range | 59723-59724 | |
| FR Document | 2016-20781 |
[Federal Register Volume 81, Number 168 (Tuesday, August 30, 2016)] [Notices] [Pages 59723-59724] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-20781] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA-[2016-0036] 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 May 26, 2016. The exemptions expire on May 26, 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 April 25, 2016, FMCSA published a notice of receipt of Federal diabetes exemption applications from 68 individuals and requested comments from the public (81 FR 24161. The public comment period closed on May 25, 2016, and no 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)). FMCSA established its diabetes exemption program, based on the Agency's July 2000 study entitled ``A [[Page 59724]] 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 40 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 April 25, 2016, Federal Register notice and they will not be repeated in this notice. III. Discussion of Comments FMCSA received no comments in this proceeding. 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)): Thomas H. Adams, Jr. (PA) Hobert P. Bates (TX) Spencer L. Bates (VT) Erik E. Baumgart (NE) Robert T. Birch (PA) Frank A. Borchers (NJ) Paul J. Boucher (ME) Nathan P. Broussard (KS) Rodney J. Brown (VA) Nicholas M. Catizone (MA) Michael J. Christians (MN) Joseph C. Cook (PA) Stephen L. Davis (MO) Henry L. Dickerson (AR) Julius D. Duncan (FL) William R. Faller (PA) Stephen L. Fehr (IL) Donald H. Feller (IN) Stephen P. Glenning (FL) Kevin B. Green (TN) Dusty R. Grover (ID) Robert W. Guccion (IA) Richard A. Guzman (FL) Andy H. Harnden (WA) Russell D. Hartley (KS) Dale L. Heisler, Jr. (PA) Pablo R. Hernandez, II (MS) James S. Hill (WA) Eric D. Hulst (SD) Stephen J. Hyde, Sr. (MA) Steven G. Jackson (IN) Michelle Jenkins (MA) Robert C. Jones (VA) Christopher P. Joyce (MD) Paul M. Joyce (MA) Steven W. Keech (PA) Stephen W. Kerby (MD) Elmer K. Kreier (WI) Richard D. Kurtz (PA) David O. Ludwig (ND) Marvin D. Mitchell (WA) Jack D. Moore (WV) Matthew A. Neidermeier (FL) Thomas M. Noon (MI) Ronald A. Ortiz (CA) Michael V. Palmer (NY) LeRonne Peques (IL) John D. Penrod (SD) Michael A. Peppers (CA) Noah I. Peterson (MN) Thomas M. Peterson (NE) Gregory S. Potter (MO) Lisa M. Reynolds (CO) Martina M. Sanchez (NY) Brian A. Sexton (ME) Daniel J. Sing (OH) Mark W. Smith (PA) Larry E. Sorrells (VA) Eric J. Tavares (RI) Michael R. Thomen (OH) Michael F. Tibbetts (ME) Charles E. Tillman, Jr. (FL) Monte D. Trout (WA) Aaron M. Trudeau (MT) Thomas M. Waldron (MA) David M. Wilfeard, II (NY) Deborah C. Williams (NJ) James R. Wolf (PA) 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: August 17, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016-20781 Filed 8-29-16; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Notices 59723
FMCSA notes that section 4129 of the FMCSA–2016–0219 and click the search Department of Transportation, 1200
Safe, Accountable, Flexible and button. When the new screen appears, New Jersey Avenue SE., Room W64–
Efficient Transportation Equity Act: A click on the blue ‘‘Comment Now!’’ 113, Washington, DC 20590–0001.
Legacy for Users requires the Secretary button on the right hand side of the Office hours are from 8:30 a.m. to 5 p.m.
to revise its diabetes exemption program page. On the new page, enter e.t., Monday through Friday, except
established on September 3, 2003 (68 FR information required including the Federal holidays.
52441).1 The revision must provide for specific section of this document to SUPPLEMENTARY INFORMATION:
individual assessment of drivers with which each comment applies, and
diabetes mellitus, and be consistent provide a reason for each suggestion or I. Electronic Access
with the criteria described in section recommendation. If you submit your You may see all the comments online
4018 of the Transportation Equity Act comments by mail or hand delivery, through the Federal Document
for the 21st Century (49 U.S.C. 31305). submit them in an unbound format, no Management System (FDMS) at: http://
Section 4129 requires: (1) Elimination larger than 81⁄2 by 11 inches, suitable for www.regulations.gov.
of the requirement for 3 years of copying and electronic filing. If you Docket: For access to the docket to
experience operating CMVs while being submit comments by mail and would read background documents or
treated with insulin; and (2) like to know that they reached the comments, go to http://
establishment of a specified minimum facility, please enclose a stamped, self- www.regulations.gov and/or Room
period of insulin use to demonstrate addressed postcard or envelope. W12–140 on the ground level of the
stable control of diabetes before being We will consider all comments and West Building, 1200 New Jersey Avenue
allowed to operate a CMV. material received during the comment SE., Washington, DC, between 9 a.m.
In response to section 4129, FMCSA period. FMCSA may issue a final and 5 p.m., Monday through Friday,
made immediate revisions to the determination at any time after the close except Federal holidays.
diabetes exemption program established of the comment period. Privacy Act: In accordance with 5
by the September 3, 2003 notice. U.S.C. 553(c), DOT solicits comments
FMCSA discontinued use of the 3-year V. Viewing Comments and Documents from the public to better inform its
driving experience and fulfilled the To view comments, as well as any rulemaking process. DOT posts these
requirements of section 4129 while documents mentioned in this preamble, comments, without edit, including any
continuing to ensure that operation of go to http://www.regulations.gov and in personal information the commenter
CMVs by drivers with ITDM will the search box insert the docket number provides, to www.regulations.gov, as
achieve the requisite level of safety FMCSA–2016–0219 and click ‘‘Search.’’ described in the system of records
required of all exemptions granted Next, click ‘‘Open Docket Folder’’ and notice (DOT/ALL–14 FDMS), which can
under 49 U.S.C.. 31136 (e). you will find all documents and be reviewed at www.dot.gov/privacy.
Section 4129(d) also directed FMCSA comments related to this notice.
to ensure that drivers of CMVs with II. Background
ITDM are not held to a higher standard Issued on: August 19, 2016.
On April 25, 2016, FMCSA published
than other drivers, with the exception of Larry W. Minor, a notice of receipt of Federal diabetes
limited operating, monitoring and Associate Administrator for Policy. exemption applications from 68
medical requirements that are deemed [FR Doc. 2016–20777 Filed 8–29–16; 8:45 am] individuals and requested comments
medically necessary. BILLING CODE 4910–EX–P from the public (81 FR 24161. The
The FMCSA concluded that all of the public comment period closed on May
operating, monitoring and medical 25, 2016, and no comments were
requirements set out in the September 3, DEPARTMENT OF TRANSPORTATION received.
2003 notice, except as modified, were in FMCSA has evaluated the eligibility
compliance with section 4129(d). Federal Motor Carrier Safety of the 68 applicants and determined that
Therefore, all of the requirements set Administration granting the exemptions to these
out in the September 3, 2003 notice, [FMCSA Docket No. FMCSA–[2016–0036] individuals would achieve a level of
except as modified by the notice in the safety equivalent to or greater than the
Federal Register on November 8, 2005 Qualification of Drivers; Exemption level that would be achieved by
(70 FR 67777), remain in effect. Applications; Diabetes Mellitus complying with the current regulation
IV. Submitting Comments 49 CFR 391.41(b)(3).
AGENCY: Federal Motor Carrier Safety
You may submit your comments and Administration (FMCSA), DOT Diabetes Mellitus and Driving
material online or by fax, mail, or hand ACTION: Notice of final disposition. Experience of the Applicants
delivery, but please use only one of The Agency established the current
these means. FMCSA recommends that SUMMARY: FMCSA confirms its decision requirement for diabetes in 1970
you include your name and a mailing to exempt 68 individuals from its rule because several risk studies indicated
address, an email address, or a phone prohibiting persons with insulin-treated that drivers with diabetes had a higher
number in the body of your document diabetes mellitus (ITDM) from operating rate of crash involvement than the
so that FMCSA can contact you if there commercial motor vehicles (CMVs) in general population. The diabetes rule
are questions regarding your interstate commerce. The exemptions provides that ‘‘A person is physically
submission. enable these individuals to operate qualified to drive a commercial motor
To submit your comment online, go to CMVs in interstate commerce. vehicle if that person has no established
mstockstill on DSK3G9T082PROD with NOTICES
http://www.regulations.gov and in the DATES: The exemptions were effective medical history or clinical diagnosis of
search box insert the docket number on May 26, 2016. The exemptions diabetes mellitus currently requiring
expire on May 26, 2018. insulin for control’’ (49 CFR
1 Section 4129(a) refers to the 2003 notice as a
FOR FURTHER INFORMATION CONTACT: 391.41(b)(3)).
‘‘final rule.’’ However, the 2003 notice did not issue
a ‘‘final rule’’ but did establish the procedures and
Christine A. Hydock, Chief, Medical FMCSA established its diabetes
standards for issuing exemptions for drivers with Programs Division, (202) 366–4001, exemption program, based on the
ITDM. fmcsamedical@dot.gov, FMCSA, Agency’s July 2000 study entitled ‘‘A
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![59724 Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Notices
Report to Congress on the Feasibility of 391.41(b)(3) is likely to achieve a level Andy H. Harnden (WA)
a Program to Qualify Individuals with of safety equal to that existing without Russell D. Hartley (KS)
Insulin-Treated Diabetes Mellitus to the exemption. Dale L. Heisler, Jr. (PA)
Operate in Interstate Commerce as Pablo R. Hernandez, II (MS)
V. Conditions and Requirements
Directed by the Transportation Act for James S. Hill (WA)
the 21st Century.’’ The report concluded The terms and conditions of the Eric D. Hulst (SD)
that a safe and practicable protocol to exemption will be provided to the Stephen J. Hyde, Sr. (MA)
allow some drivers with ITDM to applicants in the exemption document Steven G. Jackson (IN)
operate CMVs is feasible. The and they include the following: (1) That Michelle Jenkins (MA)
September 3, 2003 (68 FR 52441), each individual submit a quarterly Robert C. Jones (VA)
Federal Register notice in conjunction monitoring checklist completed by the Christopher P. Joyce (MD)
with the November 8, 2005 (70 FR treating endocrinologist as well as an Paul M. Joyce (MA)
67777), Federal Register notice provides annual checklist with a comprehensive Steven W. Keech (PA)
the current protocol for allowing such medical evaluation; (2) that each Stephen W. Kerby (MD)
drivers to operate CMVs in interstate individual reports within 2 business Elmer K. Kreier (WI)
commerce. days of occurrence, all episodes of Richard D. Kurtz (PA)
These 68 applicants have had ITDM severe hypoglycemia, significant David O. Ludwig (ND)
over a range of 1 to 40 years. These complications, or inability to manage Marvin D. Mitchell (WA)
applicants report no severe diabetes; also, any involvement in an Jack D. Moore (WV)
hypoglycemic reactions resulting in loss accident or any other adverse event in Matthew A. Neidermeier (FL)
of consciousness or seizure, requiring a CMV or personal vehicle, whether or Thomas M. Noon (MI)
the assistance of another person, or not it is related to an episode of Ronald A. Ortiz (CA)
resulting in impaired cognitive function hypoglycemia; (3) that each individual Michael V. Palmer (NY)
that occurred without warning provide a copy of the ophthalmologist’s LeRonne Peques (IL)
symptoms, in the past 12 months and no or optometrist’s report to the medical John D. Penrod (SD)
recurrent (2 or more) severe examiner at the time of the annual Michael A. Peppers (CA)
hypoglycemic episodes in the past 5 medical examination; and (4) that each Noah I. Peterson (MN)
years. In each case, an endocrinologist individual provide a copy of the annual Thomas M. Peterson (NE)
verified that the driver has medical certification to the employer for Gregory S. Potter (MO)
demonstrated a willingness to properly retention in the driver’s qualification Lisa M. Reynolds (CO)
monitor and manage his/her diabetes file, or keep a copy in his/her driver’s Martina M. Sanchez (NY)
mellitus, received education related to qualification file if he/she is self- Brian A. Sexton (ME)
diabetes management, and is on a stable employed. The driver must also have a Daniel J. Sing (OH)
insulin regimen. These drivers report no copy of the certification when driving, Mark W. Smith (PA)
other disqualifying conditions, for presentation to a duly authorized Larry E. Sorrells (VA)
including diabetes-related Federal, State, or local enforcement Eric J. Tavares (RI)
complications. Each meets the vision official. Michael R. Thomen (OH)
requirement at 49 CFR 391.41(b)(10).
VI. Conclusion Michael F. Tibbetts (ME)
The qualifications and medical
Based upon its evaluation of the 68 Charles E. Tillman, Jr. (FL)
condition of each applicant were stated
exemption applications, FMCSA Monte D. Trout (WA)
and discussed in detail in the April 25,
exempts the following drivers from the Aaron M. Trudeau (MT)
2016, Federal Register notice and they
diabetes requirement in 49 CFR Thomas M. Waldron (MA)
will not be repeated in this notice.
391.41(b)(10), subject to the David M. Wilfeard, II (NY)
III. Discussion of Comments Deborah C. Williams (NJ)
requirements cited above 949 CFR
FMCSA received no comments in this 391.64(b)): James R. Wolf (PA)
proceeding. Thomas H. Adams, Jr. (PA) In accordance with 49 U.S.C. 31136(e)
Hobert P. Bates (TX) and 31315 each exemption is valid for
IV. Basis for Exemption Determination
Spencer L. Bates (VT) two years unless revoked earlier by
Under 49 U.S.C. 31136(e) and 31315, Erik E. Baumgart (NE) FMCSA. The exemption will be revoked
FMCSA may grant an exemption from Robert T. Birch (PA) if the following occurs: (1) The person
the diabetes requirement in 49 CFR Frank A. Borchers (NJ) fails to comply with the terms and
391.41(b)(3) if the exemption is likely to Paul J. Boucher (ME) conditions of the exemption; (2) the
achieve an equivalent or greater level of Nathan P. Broussard (KS) exemption has resulted in a lower level
safety than would be achieved without Rodney J. Brown (VA) of safety than was maintained before it
the exemption. The exemption allows Nicholas M. Catizone (MA) was granted; or (3) continuation of the
the applicants to operate CMVs in Michael J. Christians (MN) exemption would not be consistent with
interstate commerce. Joseph C. Cook (PA) the goals and objectives of 49 U.S.C.
To evaluate the effect of these Stephen L. Davis (MO) 31136(e) and 31315. If the exemption is
exemptions on safety, FMCSA Henry L. Dickerson (AR) still effective at the end of the 2-year
considered medical reports about the Julius D. Duncan (FL) period, the person may apply to FMCSA
applicants’ ITDM and vision, and
mstockstill on DSK3G9T082PROD with NOTICES
William R. Faller (PA) for a renewal under procedures in effect
reviewed the treating endocrinologists’ Stephen L. Fehr (IL) at that time.
medical opinion related to the ability of Donald H. Feller (IN)
Issued on: August 17, 2016.
the driver to safely operate a CMV while Stephen P. Glenning (FL)
using insulin. Kevin B. Green (TN) Larry W. Minor,
Consequently, FMCSA finds that in Dusty R. Grover (ID) Associate Administrator for Policy.
each case exempting these applicants Robert W. Guccion (IA) [FR Doc. 2016–20781 Filed 8–29–16; 8:45 am]
from the diabetes requirement in 49 CFR Richard A. Guzman (FL) BILLING CODE 4910–EX–P
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Document Created: 2018-02-09 11:42:00
Document Modified: 2018-02-09 11:42:00
| 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 May 26, 2016. The exemptions expire on May 26, 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 59723 |
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