81 FR 59728 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 168 (August 30, 2016)

Page Range		59728-59729
FR Document		2016-20783

FMCSA confirms its decision to exempt 65 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 168 (Tuesday, August 30, 2016)

[Federal Register Volume 81, Number 168 (Tuesday, August 30, 2016)]
[Notices]
[Pages 59728-59729]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20783]



[[Page 59728]]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-[2016-0039]


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 65 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 June 8, 2016. The exemptions 
expire on June 8, 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 May 9, 2016, FMCSA published a notice of receipt of Federal 
diabetes exemption applications from 65 individuals and requested 
comments from the public (81 FR 28121. The public comment period closed 
on June 8, 2016, and one comments was received.
    FMCSA has evaluated the eligibility of the 65 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 65 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 May 9, 2016, Federal Register 
notice and they will not be repeated in this notice.

III. Discussion of Comments

    FMCSA received one comment in this proceeding. Samer M. Valle 
stated he will comply with all stipulations of the exemption when it is 
granted.

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.

[[Page 59729]]

VI. Conclusion

    Based upon its evaluation of the 65 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)):

Israel R.H. Alvarez (KS)
Matthew P. Ambrose (OH)
Christopher M. Anderson (AR)
Juan Arvizu (FL)
Steven E. Beining (OH)
Steven Belback (PA)
Joseph N. Beller (TX)
Roger D. Bragg (WV)
Jonathan Bu (NJ)
John Ciesmelewski (NJ)
Ernest W. Collett (TX)
Daniel C. Crider (MN)
Charla J. Donahy (TX)
Jason A. Edington (TN)
Richard D. Florio, Jr. (NY)
Tyler J. Francis (KS)
Calvin L. Frew (ID)
Juda Friedman (NY)
Dean Gage (NY)
William Gallagher (PA)
Michael A. Gervasio (NY)
Harvey E. Gordon (MA)
James W. Gorman, Jr. (MD)
Christopher L. Greene (WY)
Gregor C. Guisewhite (PA)
Aleaha M. Hallgren (IL)
Dennis T. Harding (MN)
Brandon R. Hart (TX)
Carl E. Hawkins (IL)
Craig J. Hebbeln (IA)
Stephen E. Hochmiller (CO)
Jack V. Holloway (IL)
Richard L. Hubbard (MN)
Sondra R. Jones (TX)
John F. Kelleher, Jr. (MA)
Stephen A. Kinney (MI)
Russell L. Koehn (IL)
Timothy C. LaRue (FL)
Joseph M. Lopes (NH)
Ronald G. Mundt (WI)
Derrick C. Nailon (MN)
William B. Onimus (PA)
Jesus O. Orellana (RI)
Victor M. Orta (TX)
Travis J. Partridge (IA)
Adam L. Pennings (MN)
Tyler D. Pittsley (ND)
William D. Powell (IL)
Lee A. Pulda (WI)
Dustin L. Renfroe (TX)
Robert D. Risk (IN)
David C. Roberts (SD)
Richard L. Robinson (MI)
Randy Rowe (IL)
William K. Sawyer II (NM)
Jeffrey J. Schnacker (NE)
Jeffrey D. Smith (MD)
Anthony G. Stellatos (NJ)
Trent A. Stuber (IL)
Samer M. Valle (TX)
LaDon L. Wallin (MN)
Thomas J. Warren (MN)
Richard D. Webb (NY)
Grady L. Wilson, Jr. (FL)
Karl S. Yauneridge (MD)
    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. 2016-20783 Filed 8-29-16; 8:45 am]
BILLING CODE 4910-EX-P

59728 Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Notices

DEPARTMENT OF TRANSPORTATION 8, 2016, and one comments was and discussed in detail in the May 9,
received. 2016, Federal Register notice and they
Federal Motor Carrier Safety FMCSA has evaluated the eligibility will not be repeated in this notice.
Administration of the 65 applicants and determined that
granting the exemptions to these III. Discussion of Comments
[FMCSA Docket No. FMCSA–[2016–0039]
individuals would achieve a level of FMCSA received one comment in this
Qualification of Drivers; Exemption safety equivalent to or greater than the proceeding. Samer M. Valle stated he
Applications; Diabetes Mellitus level that would be achieved by will comply with all stipulations of the
complying with the current regulation exemption when it is granted.
AGENCY: Federal Motor Carrier Safety 49 CFR 391.41(b)(3).
Administration (FMCSA), DOT IV. Basis for Exemption Determination
Diabetes Mellitus and Driving
ACTION: Notice of final disposition. Experience of the Applicants Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption from
SUMMARY: FMCSA confirms its decision The Agency established the current the diabetes requirement in 49 CFR
to exempt 65 individuals from its rule requirement for diabetes in 1970 391.41(b)(3) if the exemption is likely to
prohibiting persons with insulin-treated because several risk studies indicated achieve an equivalent or greater level of
diabetes mellitus (ITDM) from operating that drivers with diabetes had a higher safety than would be achieved without
commercial motor vehicles (CMVs) in rate of crash involvement than the the exemption. The exemption allows
interstate commerce. The exemptions general population. The diabetes rule the applicants to operate CMVs in
enable these individuals to operate provides that ‘‘A person is physically interstate commerce.
CMVs in interstate commerce. qualified to drive a commercial motor
To evaluate the effect of these
vehicle if that person has no established
DATES: The exemptions were effective exemptions on safety, FMCSA
medical history or clinical diagnosis of
on June 8, 2016. The exemptions expire considered medical reports about the
diabetes mellitus currently requiring
on June 8, 2018. applicants’ ITDM and vision, and
insulin for control’’ (49 CFR
FOR FURTHER INFORMATION CONTACT: 391.41(b)(3)). reviewed the treating endocrinologists’
Christine A. Hydock, Chief, Medical FMCSA established its diabetes medical opinion related to the ability of
Programs Division, (202) 366–4001, exemption program, based on the the driver to safely operate a CMV while
fmcsamedical@dot.gov, FMCSA, Agency’s July 2000 study entitled ‘‘A using insulin.
Department of Transportation, 1200 Report to Congress on the Feasibility of Consequently, FMCSA finds that in
New Jersey Avenue SE., Room W64– a Program to Qualify Individuals with each case exempting these applicants
113, Washington, DC 20590–0001. Insulin-Treated Diabetes Mellitus to from the diabetes requirement in 49 CFR
Office hours are from 8:30 a.m. to 5 p.m. Operate in Interstate Commerce as 391.41(b)(3) is likely to achieve a level
e.t., Monday through Friday, except Directed by the Transportation Act for of safety equal to that existing without
Federal holidays. the 21st Century.’’ The report concluded the exemption.
SUPPLEMENTARY INFORMATION: that a safe and practicable protocol to V. Conditions and Requirements
allow some drivers with ITDM to
I. Electronic Access The terms and conditions of the
operate CMVs is feasible. The
You may see all the comments online September 3, 2003 (68 FR 52441), exemption will be provided to the
through the Federal Document Federal Register notice in conjunction applicants in the exemption document
Management System (FDMS) at: http:// with the November 8, 2005 (70 FR and they include the following: (1) That
www.regulations.gov. 67777), Federal Register notice provides each individual submit a quarterly
Docket: For access to the docket to the current protocol for allowing such monitoring checklist completed by the
read background documents or drivers to operate CMVs in interstate treating endocrinologist as well as an
comments, go to http:// commerce. annual checklist with a comprehensive
www.regulations.gov and/or Room These 65 applicants have had ITDM medical evaluation; (2) that each
W12–140 on the ground level of the over a range of 1 to 35 years. These individual reports within 2 business
West Building, 1200 New Jersey Avenue applicants report no severe days of occurrence, all episodes of
SE., Washington, DC, between 9 a.m. hypoglycemic reactions resulting in loss severe hypoglycemia, significant
and 5 p.m., Monday through Friday, of consciousness or seizure, requiring complications, or inability to manage
except Federal holidays. the assistance of another person, or diabetes; also, any involvement in an
Privacy Act: In accordance with 5 resulting in impaired cognitive function accident or any other adverse event in
U.S.C. 553(c), DOT solicits comments that occurred without warning a CMV or personal vehicle, whether or
from the public to better inform its symptoms, in the past 12 months and no not it is related to an episode of
rulemaking process. DOT posts these recurrent (2 or more) severe hypoglycemia; (3) that each individual
comments, without edit, including any hypoglycemic episodes in the past 5 provide a copy of the ophthalmologist’s
personal information the commenter years. In each case, an endocrinologist or optometrist’s report to the medical
provides, to www.regulations.gov, as verified that the driver has examiner at the time of the annual
described in the system of records demonstrated a willingness to properly medical examination; and (4) that each
notice (DOT/ALL–14 FDMS), which can monitor and manage his/her diabetes individual provide a copy of the annual
be reviewed at www.dot.gov/privacy. mellitus, received education related to medical certification to the employer for
diabetes management, and is on a stable retention in the driver’s qualification
mstockstill on DSK3G9T082PROD with NOTICES

II. Background file, or keep a copy in his/her driver’s
insulin regimen. These drivers report no
On May 9, 2016, FMCSA published a other disqualifying conditions, qualification file if he/she is self-
notice of receipt of Federal diabetes including diabetes-related employed. The driver must also have a
exemption applications from 65 complications. Each meets the vision copy of the certification when driving,
individuals and requested comments requirement at 49 CFR 391.41(b)(10). for presentation to a duly authorized
from the public (81 FR 28121. The The qualifications and medical Federal, State, or local enforcement
public comment period closed on June condition of each applicant were stated official.

VerDate Sep<11>2014 20:04 Aug 29, 2016 Jkt 238001 PO 00000 Frm 00132 Fmt 4703 Sfmt 4703 E:\FR\FM\30AUN1.SGM 30AUN1

Document Created: 2018-02-09 11:42:51
Document Modified: 2018-02-09 11:42:51

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 June 8, 2016. The exemptions expire on June 8, 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 59728

81 FR 59728 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 168 (August 30, 2016)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration