81 FR 62793 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 81, Issue 176 (September 12, 2016)
Federal Motor Carrier Safety Administration
Federal Register Volume 81, Issue 176 (September 12, 2016)
| Page Range | 62793-62795 | |
| FR Document | 2016-21828 |
[Federal Register Volume 81, Number 176 (Monday, September 12, 2016)] [Notices] [Pages 62793-62795] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-21828] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA-[2016-0042] 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 58 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 [[Page 62794]] 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 58 individuals and requested comments from the public (81 FR 42044. The public comment period closed on July 28, 2016, and one comment was received. FMCSA has evaluated the eligibility of the 58 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 58 applicants have had ITDM over a range of one 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 June 28, 2016, Federal Register notice and they will not be repeated in this notice. III. Discussion of Comments FMCSA received one comments in this proceeding. An anonymous commenter stated that they believe drivers should not have to be placed in the comment period before receiving the exemptions. As discussed in the initial request for comments published on June 28, 2016, all exemptions that the Agency considers granting must be put forth in a 30 day public comment period, as required by law. 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 58 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)): Scott D. Allen (NE) Timothy K. Beal (NJ) Casey G. Bergman (MN) Chad B. Bramblett (NC) Robert J. Brearley, Jr. (AL) Gary R. Butts (NY) Carey P. Cole (PA) John W. Cyrus (VA) Paul J. Dematas (NY) Tara DiPierri (NY) William G. Edgell (OH) Robert M. Flory (OH) Jason L. Garrett (TX) Faustino P. Garza (TX) Robert D. Golding (NM) Bruce E. Gusler (NH) Seth R. Hamilton (NY) Travis L. Handy (DE) Paul D. Hollenbeck (UT) Larry J. Huisman (NE) Brian J. Hurley (IL) Jarmone W. Johnson (MD) Dan M. Kirk (OR) Sung Y. Kong (NJ) Kevin M. Krug (IN) Brian C. Link (NY) Timothy J. Loeschen (TX) Bruce A. Mattison (WA) Brian K. McGowan (AR) James K. Medeiros (RI) Brian C. Moffett, Jr. (MD) Gregory S. Montierth (CA) Daniel M. Mulligan (NJ) John N. Mulready, Jr. (MA) Jerry L. Niichel (IA) Donald S. Oakes (PA) Ardell Parks (IL) Terry D. Paxton (PA) Lawrence C. Powers (MI) Reynier Prieto (FL) [[Page 62795]] Charles V. Radford, Jr. (NC) Manuel A. Samayoa (GA) Malcolm D. Small (TX) Russell F. Smith (PA) Trenton W. Socha (TX) Edward D. Sprague (WI) Carla J. Stafford (TN) Jennifer N. Stout (TX) Virgil W. Sykes (WI) Luis M. Torres (CT) Lyle D. Tunink (IA) Fasitupe Tupuola (CA) Christa VanHook (KY) Saverio Verre (NJ) Raymond R. Webker (OH) James A. Wiggins (OK) Reed R. Wilken (IL) Abraham K. Yohannan (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: August 25, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016-21828 Filed 9-9-16; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 81, No. 176 / Monday, September 12, 2016 / Notices 62793
1312, 1537, Dec. 4, 2015], amended 49 2014 (79 FR 42626); March 27, 2015 (80 381.600, during the period this
U.S.C. 31315(b) by adding a new FR 16511); October 5, 2015 (80 FR exemption is in effect, no State shall
paragraph (2) which permits exemptions 60220); December 7, 2015 (80 FR enforce any law or regulation applicable
for no longer than 5 years from their 76059); December 21, 2015 (80 FR to interstate or intrastate commerce that
dates of inception, instead of the 79410)]. conflicts with or is inconsistent with
previous 2 years. This statutory this exemption with respect to a firm or
provision will be codified in 49 CFR Public Comments
person operating under the exemption.
part 381 in a forthcoming rulemaking. On May 4, 2016, FMCSA published
Issued on: August 31, 2016.
notice of this application and requested
III. Request for Exemption public comments (81 FR 26865). No T.F. Scott Darling, III,
On behalf of Henning Oeltjenbruns, comments were submitted. Administrator.
Daimler has applied for a 5-year [FR Doc. 2016–21827 Filed 9–9–16; 8:45 am]
exemption from 49 CFR 383.23, which FMCSA Decision BILLING CODE 4910–EX–P
prescribes licensing requirements for Based upon the merits of this
drivers operating CMVs in interstate or application, including Mr. Oeltjenbruns’
intrastate commerce. Mr. Oeltjenbruns extensive driving experience and safety DEPARTMENT OF TRANSPORTATION
is unable to obtain a CDL in any of the record, FMCSA concluded that the
States due to his lack of residency in the exemption would likely achieve a level Federal Motor Carrier Safety
United States. A copy of the application of safety that is equivalent to or greater Administration
is in Docket No. FMCSA–2012–0032. than the level that would be achieved [FMCSA Docket No. FMCSA–[2016–0042]
The exemption would allow Mr. absent such exemption, in accordance
Oeltjenbruns to operate CMVs in with § 381.305(a). Qualification of Drivers; Exemption
interstate or intrastate commerce to Applications; Diabetes Mellitus
support Daimler field tests designed to Terms and Conditions for the
meet future vehicle safety and Exemption AGENCY: Federal Motor Carrier Safety
environmental requirements and to FMCSA grants Daimler and Henning Administration (FMCSA), DOT.
promote technological advancements in Oeltjenbruns an exemption from the ACTION: Notice of final disposition.
vehicle safety systems and emissions CDL requirement in 49 CFR 383.23 to
SUMMARY: FMCSA confirms its decision
reductions. Mr. Oeltjenbruns needs to allow Mr. Oeltjenbruns to drive CMVs
to exempt 58 individuals from its rule
drive Daimler vehicles on public roads in this country without a U.S. State-
prohibiting persons with insulin-treated
to better understand ‘‘real world’’ issued CDL, subject to the following
diabetes mellitus (ITDM) from operating
environments in the U.S. market. terms and conditions: (1) The driver and
commercial motor vehicles (CMVs) in
According to Daimler, Mr. Oeltjenbruns carrier must comply with all other
interstate commerce. The exemptions
will typically drive for no more than 6 applicable provisions of the FMCSRs
enable these individuals to operate
hours per day, and 10 percent of the test (49 CFR parts 350–399); (2) the driver
CMVs in interstate commerce.
driving will be on two-lane state must be in possession of this notice or
highways, while 90 percent will be on an equivalent signed letter, and a valid DATES: The exemptions were effective
interstate highways. The driving will German commercial license; (3) the on July 28, 2016. The exemptions expire
consist of no more than 200 miles per driver must be employed by and operate on July 28, 2018.
day, during a two-day period on a the CMV within the scope of his duties FOR FURTHER INFORMATION CONTACT:
quarterly basis. He will in all cases be for Daimler; (4) at all times while Christine A. Hydock, Chief, Medical
accompanied by a holder of a U.S. CDL operating a CMV under this exemption, Programs Division, (202) 366–4001,
who is familiar with the routes to be the driver must be accompanied by a fmcsamedical@dot.gov, FMCSA,
traveled. holder of a U.S. CDL who is familiar Department of Transportation, 1200
Mr. Oeltjenbruns would be required with the routes traveled; (5) Daimler New Jersey Avenue SE., Room W64–
to comply with all applicable Federal must notify FMCSA in writing within 5 113, Washington, DC 20590–0001.
Motor Carrier Safety Regulations business days of any accident, as Office hours are from 8:30 a.m. to 5 p.m.
(FMCSRs) (49 CFR parts 350–399) defined in 49 CFR 390.5, involving this e.t., Monday through Friday, except
except the CDL provisions described in driver; and (6) Daimler must notify Federal holidays.
this notice. FMCSA in writing if this driver is SUPPLEMENTARY INFORMATION:
Mr. Oeltjenbruns holds a valid convicted of a disqualifying offense
German commercial license, and as I. Electronic Access
under § 383.51 or § 391.15 of the
explained by Daimler in its exemption FMCSRs. You may see all the comments online
request, the requirements for that In accordance with 49 U.S.C. 31315 through the Federal Document
license ensure that the same level of and 31136(e), the exemption will be Management System (FDMS) at: http://
safety is met or exceeded as if this valid for 2 years unless revoked earlier www.regulations.gov.
driver had a U.S. CDL. Furthermore, by the FMCSA. The exemption will be Docket: For access to the docket to
according to Daimler, Mr. Oeltjenbruns revoked if: (1) Mr. Oeltjenbruns fails to read background documents or
is familiar with the operation of CMVs comply with the terms and conditions comments, go to http://
worldwide. of the exemption; (2) the exemption www.regulations.gov and/or Room
FMCSA has previously determined results in a lower level of safety than W12–140 on the ground level of the
that the process for obtaining a German
sradovich on DSK3GMQ082PROD with NOTICES
was maintained before it was granted; or West Building, 1200 New Jersey Avenue
commercial license is comparable to, or (3) continuation of the exemption would SE., Washington, DC, between 9 a.m.
as effective as, the requirements of part be inconsistent with the goals and and 5 p.m., Monday through Friday,
383, and adequately assesses the objectives of 49 U.S.C. 31315 and 31136. except Federal holidays.
driver’s ability to operate CMVs in the Privacy Act: In accordance with 5
U.S. Since 2012, FMCSA has granted VIII. Preemption U.S.C. 553(c), DOT solicits comments
Daimler drivers similar exemptions In accordance with 49 U.S.C. from the public to better inform its
[May 25, 2012 (77 FR 31422); July 22, 31315(d), as implemented by 49 CFR rulemaking process. DOT posts these
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![Federal Register / Vol. 81, No. 176 / Monday, September 12, 2016 / Notices 62795
Charles V. Radford, Jr. (NC) Programs Division, (202) 366–4001, III. Basis for Exemption Determination
Manuel A. Samayoa (GA) fmcsamedical@dot.gov, FMCSA, Under 49 U.S.C. 31136(e) and
Malcolm D. Small (TX) Department of Transportation, 1200
Russell F. Smith (PA) 31315(b), FMCSA may grant an
New Jersey Avenue SE., Room W64– exemption from the Federal epilepsy
Trenton W. Socha (TX) 224, Washington, DC 20590–0001.
Edward D. Sprague (WI) standard for a renewable two-year
Office hours are 8:30 a.m. to 5 p.m., e.t., period if it finds ‘‘such exemption is
Carla J. Stafford (TN) Monday through Friday, except Federal
Jennifer N. Stout (TX) likely achieve a level of safety that is
holidays. If you have questions equivalent to or greater than the level
Virgil W. Sykes (WI) regarding viewing or submitting
Luis M. Torres (CT) that would be achieved absent such
material to the docket, contact Docket
Lyle D. Tunink (IA) exemption.’’
Fasitupe Tupuola (CA) Services, telephone (202) 366–9826.
The Agency’s decision regarding these
Christa VanHook (KY) SUPPLEMENTARY INFORMATION: exemption applications is based on an
Saverio Verre (NJ) I. Electronic Access individualized assessment of each
Raymond R. Webker (OH) applicant’s medical information,
James A. Wiggins (OK) You may see all the comments online
including the root cause of the
Reed R. Wilken (IL) through the Federal Document
Management System (FDMS) at: http:// respective seizure(s) and medical
Abraham K. Yohannan (NY) information about the applicant’s
In accordance with 49 U.S.C. 31136(e) www.regulations.gov.
Docket: For access to the docket to seizure history, the length of time that
and 31315 each exemption is valid for has elapsed since the individual’s last
two years unless revoked earlier by read background documents or
comments, go to http:// seizure, the stability of each individual’s
FMCSA. The exemption will be revoked treatment regimen and the duration of
if the following occurs: (1) The person www.regulations.gov and/or Room
W12–140 on the ground level of the time on or off of anti-seizure
fails to comply with the terms and medication. The Agency considered the
West Building, 1200 New Jersey Avenue
conditions of the exemption; (2) the 2007 recommendations of the Agency’s
SE., Washington, DC, between 9 a.m.
exemption has resulted in a lower level Medical Expert Panel (MEP). The
and 5 p.m., Monday through Friday,
of safety than was maintained before it January 15, 2013 Federal Register notice
except Federal holidays.
was granted; or (3) continuation of the Privacy Act: In accordance with 5 (78 FR 3069) provides the current MEP
exemption would not be consistent with U.S.C. 553(c), DOT solicits comments recommendations which is the criteria
the goals and objectives of 49 U.S.C. from the public to better inform its the Agency uses to make decisions
31136(e) and 31315. If the exemption is rulemaking process. DOT posts these regarding seizure exemptions.
still effective at the end of the 2-year comments, without edit, including any
period, the person may apply to FMCSA IV. Conclusion
personal information the commenter
for a renewal under procedures in effect provides, to http://www.regulations.gov, The Agency has determined that these
at that time. as described in the system of records 11 applicants do not satisfy the criteria
Issued on: August 25, 2016. notice (DOT/ALL–14 FDMS), which can eligibility or meet the terms and
Larry W. Minor, be reviewed at http://www.dot.gov/ conditions for a Federal exemption and
Associate Administrator for Policy. privacy. granting these exemptions would not
provide a level of safety that would be
[FR Doc. 2016–21828 Filed 9–9–16; 8:45 am] II. Background equivalent to or greater than, the level
BILLING CODE 4910–EX–P
On July 13, 2015, FMCSA published of safety that would be obtained by
a notice announcing receipt of complying with the regulation 49 CFR
DEPARTMENT OF TRANSPORTATION applications from 21 individuals 391.41(b)(8). Therefore, the applicants
requesting an exemption from the listed in this notice have been denied an
Federal Motor Carrier Safety prohibition against persons with a exemption from the physical
Administration clinical diagnosis of epilepsy or any qualification standards in 49 CFR
other condition that is likely to cause a 391.41(b)(8).
[Docket No. FMCSA–2015–0116] loss of consciousness or any loss of Each applicant has, prior to this
ability to operate a CMV in interstate notice, received a letter of final
Denial of Exemption Applications;
commerce and requested comments disposition regarding his/her exemption
Epilepsy and Seizure Disorders
from the public (80 FR 40127). The request. Those decision letters fully
AGENCY: Federal Motor Carrier Safety public comment period closed on outlined the basis for the denial and
Administration (FMCSA), DOT. August 12, 2015, and 10 comments were constitutes final action by the Agency.
ACTION: Notice of denial. received. This notice summarizes the Agency’s
FMCSA has evaluated the eligibility recent denials as required under 49
SUMMARY: FMCSA announces its of these applicants and concluded that U.S.C. 31315(b)(4) by periodically
decision to deny applications from 11 granting 11 of the 21 exemptions would publishing names and reasons for
individuals who requested an not provide a level of safety that would denial. The following drivers were
exemption from the Federal Motor be equivalent to or greater than, the listed previously in Federal Register
Carrier Safety Regulations (FMCSRs) level of safety that would be obtained by Notice FMCSA–2015–0116 published
prohibiting persons with a clinical complying with the regulation 49 CFR on July 13, 2015:
diagnosis of epilepsy or any other 391.41(b)(8). A final notice announcing Leo Arnold Burns—Mr. Burns has a
sradovich on DSK3GMQ082PROD with NOTICES
condition that is likely to cause a loss the decision to grant nine of 21 history of a seizure disorder. His last
of consciousness or any loss of ability to exemptions and providing a response to seizure was in 2010. He takes anti-
operate a commercial motor vehicle the 10 comments received was seizure medication. He does not meet
(CMV) from operating CMVs in published on September 14, 2015 (80 FR the MEP guidelines at this time.
interstate commerce. 55170). One of the applicants in this Rodney Lee Ericson—Mr. Ericson has
FOR FURTHER INFORMATION CONTACT: notice withdrew his request for an a history of epilepsy. His last seizure
Christine A. Hydock, Chief, Medical exemption. was in 2010. He takes anti-seizure
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Document Created: 2016-09-10 00:56:39
Document Modified: 2016-09-10 00:56:39
| 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 62793 |
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