81 FR 59725 - 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 | 59725-59726 | |
| FR Document | 2016-20776 |
[Federal Register Volume 81, Number 168 (Tuesday, August 30, 2016)] [Notices] [Pages 59725-59726] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-20776] [[Page 59725]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA-[2016-0041] 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 57 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 July 28, 2016. The exemptions expire on July 28, 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 June 28, 2016, FMCSA published a notice of receipt of Federal diabetes exemption applications from 57 individuals and requested comments from the public (81 FR 42035. The public comment period closed on July 28, 2016 and 1 comment was received. FMCSA has evaluated the eligibility of the 57 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 57 applicants have had ITDM over a range of 1 to 35 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 June 28, 2016, Federal Register notice and they will not be repeated in this notice. III. Discussion of Comments FMCSA received 1 comment in this proceeding. Deb Carlson stated that the state of Minnesota is in favor of granting exemptions to David J. Ahlers, Michael J. Beaver, Kirk A. Erickson, Kevin R. Holz, Duane A. Leazott, and David E. Roth, all of whom are drivers from Minnesota. 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 [[Page 59726]] Federal, State, or local enforcement official. VI. Conclusion Based upon its evaluation of the 57 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)): David J. Ahlers (MN) George M. Antonopoulos (MA) Louis G. Babich (NJ) Scott R. Bailey (MA) Michael J. Beaver (MN) Jason C. Bradley (NY) Joel P. Brown (PA) Larry D. Brown (LA) Garret L. Carter (MO) Christopher D. Chapman (IA) Robert J. Chapman (OH) Steven A. Crain (LA) Phillip Daquila III (IL) Robert N. Drake (TX) Kirk A. Erickson (MN) Raymond E. Fisher, Jr. (PA) Richard M. Frostig (CT) Lawrence M. Gates (NY) Alva E. Gladney (LA) John J. Gonzalez (CT) James M. Haight (NC) Bradley T. Hall (AL) William C. Higgins (NC) David R. Hodge (MI) James Holman (PA) Kevin R. Holz (MN) Jaemin Hwang (NY) Willis A. Jergenson (IA) Steven C. Jordan, Jr. (MD) Craig S. Kozlowski (NY) Alan D. Kozy (FL) Duane A. Leazott (MN) Mark D. Lema (CA) Robert A. Lewis (PA) David A. Luchansky (PA) Jacob T. Marsee (OH) Richard E. Mellors (NY) Ronald L. Mills (VA) Colton J. Nefzger (ND) Dorian T. Papazikos (AL) Kurt A. Payne (CA) Carson A. Penny (CA) Wayne F. Pohlmeier (NE) Santos R. Rodriquez, Jr. (NE) David E. Roth (MN) Kenneth R. Schleppy (PA) John J. Shedlock (PA) Jonathan W. Simoneau (NH) Kenneth R. Stephenson (TX) Jeffrey S. Toler (IN) Herbert L. Turner (FL) Louis D. Valente (MA) Robert L. Westergaard (NJ) Mark A. Williams (IN) Douglas J. Wood (KY) Robert A. Yerges (WI) Kyle S. Yount (KY) 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. 2016-20776 Filed 8-29-16; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Notices 59725
DEPARTMENT OF TRANSPORTATION FMCSA has evaluated the eligibility 2016, Federal Register notice and they
of the 57 applicants and determined that will not be repeated in this notice.
Federal Motor Carrier Safety granting the exemptions to these
Administration III. Discussion of Comments
individuals would achieve a level of
safety equivalent to or greater than the FMCSA received 1 comment in this
[FMCSA Docket No. FMCSA–[2016–0041]
level that would be achieved by proceeding. Deb Carlson stated that the
Qualification of Drivers; Exemption complying with the current regulation state of Minnesota is in favor of granting
Applications; Diabetes Mellitus 49 CFR 391.41(b)(3). exemptions to David J. Ahlers, Michael
J. Beaver, Kirk A. Erickson, Kevin R.
AGENCY: Federal Motor Carrier Safety Diabetes Mellitus and Driving Holz, Duane A. Leazott, and David E.
Administration (FMCSA), DOT. Experience of the Applicants Roth, all of whom are drivers from
ACTION: Notice of final disposition. The Agency established the current Minnesota.
SUMMARY: FMCSA confirms its decision requirement for diabetes in 1970 IV. Basis for Exemption Determination
to exempt 57 individuals from its rule because several risk studies indicated
that drivers with diabetes had a higher Under 49 U.S.C. 31136(e) and 31315,
prohibiting persons with insulin-treated FMCSA may grant an exemption from
diabetes mellitus (ITDM) from operating rate of crash involvement than the
general population. The diabetes rule the diabetes requirement in 49 CFR
commercial motor vehicles (CMVs) in 391.41(b)(3) if the exemption is likely to
interstate commerce. The exemptions provides that ‘‘A person is physically
qualified to drive a commercial motor achieve an equivalent or greater level of
enable these individuals to operate safety than would be achieved without
CMVs in interstate commerce. vehicle if that person has no established
medical history or clinical diagnosis of the exemption. The exemption allows
DATES: The exemptions were effective the applicants to operate CMVs in
diabetes mellitus currently requiring
on July 28, 2016. The exemptions expire interstate commerce.
insulin for control’’ (49 CFR
on July 28, 2018. To evaluate the effect of these
391.41(b)(3)).
FOR FURTHER INFORMATION CONTACT: exemptions on safety, FMCSA
FMCSA established its diabetes considered medical reports about the
Christine A. Hydock, Chief, Medical exemption program, based on the
Programs Division, (202) 366–4001, applicants’ ITDM and vision, and
Agency’s July 2000 study entitled ‘‘A reviewed the treating endocrinologists’
fmcsamedical@dot.gov, FMCSA, Report to Congress on the Feasibility of
Department of Transportation, 1200 medical opinion related to the ability of
a Program to Qualify Individuals with the driver to safely operate a CMV while
New Jersey Avenue SE., Room W64– Insulin-Treated Diabetes Mellitus to
113, Washington, DC 20590–0001. using insulin.
Operate in Interstate Commerce as Consequently, FMCSA finds that in
Office hours are from 8:30 a.m. to 5 p.m. Directed by the Transportation Act for
e.t., Monday through Friday, except each case exempting these applicants
the 21st Century.’’ The report concluded from the diabetes requirement in 49 CFR
Federal holidays. that a safe and practicable protocol to
SUPPLEMENTARY INFORMATION: 391.41(b)(3) is likely to achieve a level
allow some drivers with ITDM to of safety equal to that existing without
I. Electronic Access operate CMVs is feasible. The the exemption.
September 3, 2003 (68 FR 52441),
You may see all the comments online V. Conditions and Requirements
Federal Register notice in conjunction
through the Federal Document
with the November 8, 2005 (70 FR The terms and conditions of the
Management System (FDMS) at: http://
67777), Federal Register notice provides exemption will be provided to the
www.regulations.gov.
Docket: For access to the docket to the current protocol for allowing such applicants in the exemption document
read background documents or drivers to operate CMVs in interstate and they include the following: (1) That
comments, go to http:// commerce. each individual submit a quarterly
www.regulations.gov and/or Room These 57 applicants have had ITDM monitoring checklist completed by the
W12–140 on the ground level of the over a range of 1 to 35 years. These treating endocrinologist as well as an
West Building, 1200 New Jersey Avenue applicants report no severe annual checklist with a comprehensive
SE., Washington, DC, between 9 a.m. hypoglycemic reactions resulting in loss medical evaluation; (2) that each
and 5 p.m., Monday through Friday, of consciousness or seizure, requiring individual reports within 2 business
except Federal holidays. the assistance of another person, or days of occurrence, all episodes of
Privacy Act: In accordance with 5 resulting in impaired cognitive function severe hypoglycemia, significant
U.S.C. 553(c), DOT solicits comments that occurred without warning complications, or inability to manage
from the public to better inform its symptoms, in the past 12 months and no diabetes; also, any involvement in an
rulemaking process. DOT posts these recurrent (2 or more) severe accident or any other adverse event in
comments, without edit, including any hypoglycemic episodes in the past 5 a CMV or personal vehicle, whether or
personal information the commenter years. In each case, an endocrinologist not it is related to an episode of
provides, to www.regulations.gov, as verified that the driver has hypoglycemia; (3) that each individual
described in the system of records demonstrated a willingness to properly provide a copy of the ophthalmologist’s
notice (DOT/ALL–14 FDMS), which can monitor and manage his/her diabetes or optometrist’s report to the medical
be reviewed at www.dot.gov/privacy. mellitus, received education related to examiner at the time of the annual
diabetes management, and is on a stable medical examination; and (4) that each
II. Background insulin regimen. These drivers report no individual provide a copy of the annual
mstockstill on DSK3G9T082PROD with NOTICES
On June 28, 2016, FMCSA published other disqualifying conditions, medical certification to the employer for
a notice of receipt of Federal diabetes including diabetes-related retention in the driver’s qualification
exemption applications from 57 complications. Each meets the vision file, or keep a copy in his/her driver’s
individuals and requested comments requirement at 49 CFR 391.41(b)(10). qualification file if he/she is self-
from the public (81 FR 42035. The The qualifications and medical employed. The driver must also have a
public comment period closed on July condition of each applicant were stated copy of the certification when driving,
28, 2016 and 1 comment was received. and discussed in detail in the June 28, for presentation to a duly authorized
VerDate Sep<11>2014 20:04 Aug 29, 2016 Jkt 238001 PO 00000 Frm 00129 Fmt 4703 Sfmt 4703 E:\FR\FM\30AUN1.SGM 30AUN1](https://thefederalregister.org/doc/81_FR_59893/page/1.svg)
![59726 Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Notices
Federal, State, or local enforcement two years unless revoked earlier by West Building, 1200 New Jersey Avenue
official. FMCSA. The exemption will be revoked SE., Washington, DC, between 9 a.m.
if the following occurs: (1) The person and 5 p.m., Monday through Friday,
VI. Conclusion
fails to comply with the terms and except Federal holidays.
Based upon its evaluation of the 57 conditions of the exemption; (2) the Privacy Act: In accordance with 5
exemption applications, FMCSA exemption has resulted in a lower level U.S.C. 553(c), DOT solicits comments
exempts the following drivers from the of safety than was maintained before it from the public to better inform its
diabetes requirement in 49 CFR was granted; or (3) continuation of the rulemaking process. DOT posts these
391.41(b)(10), subject to the exemption would not be consistent with comments, without edit, including any
requirements cited above 49 CFR the goals and objectives of 49 U.S.C. personal information the commenter
391.64(b)): 31136(e) and 31315. If the exemption is provides, to www.regulations.gov, as
David J. Ahlers (MN) still effective at the end of the 2-year described in the system of records
George M. Antonopoulos (MA) period, the person may apply to FMCSA notice (DOT/ALL–14 FDMS), which can
Louis G. Babich (NJ) for a renewal under procedures in effect be reviewed at www.dot.gov/privacy.
Scott R. Bailey (MA) at that time. II. Background
Michael J. Beaver (MN) Issued on: August 17, 2016.
Jason C. Bradley (NY) On June 22, 2016, FMCSA published
Joel P. Brown (PA) Larry W. Minor, a notice of receipt of Federal diabetes
Larry D. Brown (LA) Associate Administrator for Policy. exemption applications from 70
Garret L. Carter (MO) [FR Doc. 2016–20776 Filed 8–29–16; 8:45 am] individuals and requested comments
Christopher D. Chapman (IA) BILLING CODE 4910–EX–P from the public (81 FR 40746. The
Robert J. Chapman (OH) public comment period closed on July
Steven A. Crain (LA) 22, 2016, and four comments were
Phillip Daquila III (IL) DEPARTMENT OF TRANSPORTATION received.
Robert N. Drake (TX) FMCSA has evaluated the eligibility
Kirk A. Erickson (MN) Federal Motor Carrier Safety of the 70 applicants and determined that
Raymond E. Fisher, Jr. (PA) Administration granting the exemptions to these
Richard M. Frostig (CT) [FMCSA Docket No. FMCSA–[2016–0040] individuals would achieve a level of
Lawrence M. Gates (NY) safety equivalent to or greater than the
Alva E. Gladney (LA) Qualification of Drivers; Exemption level that would be achieved by
John J. Gonzalez (CT) Applications; Diabetes Mellitus complying with the current regulation
James M. Haight (NC) 49 CFR 391.41(b)(3).
Bradley T. Hall (AL) AGENCY: Federal Motor Carrier Safety
William C. Higgins (NC) Administration (FMCSA), DOT Diabetes Mellitus and Driving
David R. Hodge (MI) ACTION: Notice of final disposition. Experience of the Applicants
James Holman (PA) The Agency established the current
Kevin R. Holz (MN) SUMMARY: FMCSA confirms its decision requirement for diabetes in 1970
Jaemin Hwang (NY) to exempt 70 individuals from its rule because several risk studies indicated
Willis A. Jergenson (IA) prohibiting persons with insulin-treated that drivers with diabetes had a higher
Steven C. Jordan, Jr. (MD) diabetes mellitus (ITDM) from operating rate of crash involvement than the
Craig S. Kozlowski (NY) commercial motor vehicles (CMVs) in general population. The diabetes rule
Alan D. Kozy (FL) interstate commerce. The exemptions
Duane A. Leazott (MN) provides that ‘‘A person is physically
enable these individuals to operate qualified to drive a commercial motor
Mark D. Lema (CA) CMVs in interstate commerce.
Robert A. Lewis (PA) vehicle if that person has no established
DATES: The exemptions were effective medical history or clinical diagnosis of
David A. Luchansky (PA) on July 22, 2016. The exemptions expire
Jacob T. Marsee (OH) diabetes mellitus currently requiring
on July 22, 2018. insulin for control’’ (49 CFR
Richard E. Mellors (NY)
Ronald L. Mills (VA) FOR FURTHER INFORMATION CONTACT: 391.41(b)(3)).
Colton J. Nefzger (ND) Christine A. Hydock, Chief, Medical FMCSA established its diabetes
Dorian T. Papazikos (AL) Programs Division, (202) 366–4001, exemption program, based on the
Kurt A. Payne (CA) fmcsamedical@dot.gov, FMCSA, Agency’s July 2000 study entitled ‘‘A
Carson A. Penny (CA) Department of Transportation, 1200 Report to Congress on the Feasibility of
Wayne F. Pohlmeier (NE) New Jersey Avenue SE., Room W64– a Program to Qualify Individuals with
Santos R. Rodriquez, Jr. (NE) 113, Washington, DC 20590–0001. Insulin-Treated Diabetes Mellitus to
David E. Roth (MN) Office hours are from 8:30 a.m. to 5 p.m. Operate in Interstate Commerce as
Kenneth R. Schleppy (PA) e.t., Monday through Friday, except Directed by the Transportation Act for
John J. Shedlock (PA) Federal holidays. the 21st Century.’’ The report concluded
Jonathan W. Simoneau (NH) SUPPLEMENTARY INFORMATION: that a safe and practicable protocol to
Kenneth R. Stephenson (TX) allow some drivers with ITDM to
Jeffrey S. Toler (IN) I. Electronic Access operate CMVs is feasible. The
Herbert L. Turner (FL) You may see all the comments online September 3, 2003 (68 FR 52441),
Louis D. Valente (MA) through the Federal Document Federal Register notice in conjunction
mstockstill on DSK3G9T082PROD with NOTICES
Robert L. Westergaard (NJ) Management System (FDMS) at: http:// with the November 8, 2005 (70 FR
Mark A. Williams (IN) www.regulations.gov. 67777), Federal Register notice provides
Douglas J. Wood (KY) Docket: For access to the docket to the current protocol for allowing such
Robert A. Yerges (WI) read background documents or drivers to operate CMVs in interstate
Kyle S. Yount (KY) comments, go to http:// commerce.
In accordance with 49 U.S.C. 31136(e) www.regulations.gov and/or Room These 70 applicants have had ITDM
and 31315 each exemption is valid for W12–140 on the ground level of the over a range of 1 to 35 years. These
VerDate Sep<11>2014 20:04 Aug 29, 2016 Jkt 238001 PO 00000 Frm 00130 Fmt 4703 Sfmt 4703 E:\FR\FM\30AUN1.SGM 30AUN1](https://thefederalregister.org/doc/81_FR_59893/page/2.svg)
Document Created: 2018-02-09 11:42:55
Document Modified: 2018-02-09 11:42:55
| 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 July 28, 2016. The exemptions expire on July 28, 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 59725 |
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