81 FR 6330 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 81, Issue 24 (February 5, 2016)
Federal Motor Carrier Safety Administration
Federal Register Volume 81, Issue 24 (February 5, 2016)
| Page Range | 6330-6332 | |
| FR Document | 2016-02300 |
[Federal Register Volume 81, Number 24 (Friday, February 5, 2016)] [Notices] [Pages 6330-6332] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-02300] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA-2015-0068] 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 44 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 November 21, 2015. The exemptions expire on November 21, 2017. FOR FURTHER INFORMATION CONTACT: Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 [[Page 6331]] 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 October 21, 2015, FMCSA published a notice of receipt of Federal diabetes exemption applications from 44 individuals and requested comments from the public (80 FR 63863). The public comment period closed on November 20, 2015, and no comments were received. FMCSA has evaluated the eligibility of the 44 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 44 applicants have had ITDM over a range of 1 to 34 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 October 21, 2015, 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 44 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)): Raul L. Armenta (CA) Leonel Barrera, Jr. (TX) James R. Barry, II (WV) Alfred T. Benelli (PA) Oliver T. Bridges (MO) Rickie J. Burgess (NC) Edson M. Chick (VT) Jerome E. Collins (LA) Jean K. Cyr, Sr. (ME) Alvah R. Daniel, Jr. (WY) Clarence P. Finch, Jr. (NJ) John M. Fisher (VA) Kent E. Fry (IL) Stanley M. Garrison (AR) Eric T. Herron (NV) Lyle E. Hinspeter, Jr. (IA) Burton W. Holliday (AL) Justin L. Howe (IL) Walter J. Leaders (MN) Robert M. Manko (NY) Raul D. Martinez (NY) Roy T. McLeran (TX) Clarance McNeill (NC) Joe R. Minga (MS) [[Page 6332]] William H. Mowery (IA) Tyna M. Murphy (PA) Ojuang Okello (MN) Jose A. Ortega (IL) Troy D. Ostrowski (MN) Terry G. Parker (OR) Anthony T. Quaglieri (NJ) Antonio Ramos (RI) Robert G. Rosenbaum (IN) Robert N. Ruhs (IA) Louis A. Scandurro (LA) Casey C. Small (CA) Michael J. Soto (MI) Ralph L. Staples (NY) Ford J. stevens, Jr. (MA) Donald T. Streich (WA) Dale A. Stydinger (PA) Raymond E. Thomason (CA) Robert M. Wright (PA) Joe L. Zamora (TX) 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: January 19, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016-02300 Filed 2-4-16; 8:45 am] BILLING CODE 4910-EX-P
![6330 Federal Register / Vol. 81, No. 24 / Friday, February 5, 2016 / Notices
that a safe and practicable protocol to V. Conditions and Requirements Michael J. Murray, Jr. (CA)
allow some drivers with ITDM to The terms and conditions of the Joseph K. Neisen (IL)
operate CMVs is feasible. The exemption will be provided to the Manuel Pereira (CT)
September 3, 2003 (68 FR 52441), Herman Powell, Jr. (TX)
applicants in the exemption document
Federal Register notice in conjunction William H. Riley, Jr. (IL)
and they include the following: (1) That
with the November 8, 2005 (70 FR James W. Smith (SC)
each individual submit a quarterly Thomas H. Smith (WI)
67777), Federal Register notice provides monitoring checklist completed by the
the current protocol for allowing such Michael J. Swanson (IL)
treating endocrinologist as well as an Patrick J. Sweeney (NJ)
drivers to operate CMVs in interstate annual checklist with a comprehensive
commerce. Richard T. Tabeling (KY)
medical evaluation; (2) that each David Tellez (MT)
These 41 applicants have had ITDM individual reports within 2 business Mark A. Turley (PA)
over a range of 1 to 39 years. These days of occurrence, all episodes of Kristi L. Turner (TX)
applicants report no severe severe hypoglycemia, significant Jon T. Webster (MN)
hypoglycemic reactions resulting in loss complications, or inability to manage Owen E. Whetzel (WV)
of consciousness or seizure, requiring diabetes; also, any involvement in an In accordance with 49 U.S.C. 31136(e)
the assistance of another person, or accident or any other adverse event in and 31315 each exemption is valid for
resulting in impaired cognitive function a CMV or personal vehicle, whether or two years unless revoked earlier by
that occurred without warning not it is related to an episode of FMCSA. The exemption will be revoked
symptoms, in the past 12 months and no hypoglycemia; (3) that each individual if the following occurs: (1) The person
recurrent (2 or more) severe provide a copy of the ophthalmologist’s fails to comply with the terms and
hypoglycemic episodes in the past 5 or optometrist’s report to the medical conditions of the exemption; (2) the
years. In each case, an endocrinologist examiner at the time of the annual exemption has resulted in a lower level
verified that the driver has medical examination; and (4) that each of safety than was maintained before it
demonstrated a willingness to properly individual provide a copy of the annual was granted; or (3) continuation of the
monitor and manage his/her diabetes medical certification to the employer for exemption would not be consistent with
mellitus, received education related to retention in the driver’s qualification the goals and objectives of 49 U.S.C.
diabetes management, and is on a stable file, or keep a copy in his/her driver’s 31136(e) and 31315. If the exemption is
insulin regimen. These drivers report no qualification file if he/she is self- still effective at the end of the 2-year
other disqualifying conditions, employed. The driver must also have a period, the person may apply to FMCSA
including diabetes-related copy of the certification when driving, for a renewal under procedures in effect
complications. Each meets the vision for presentation to a duly authorized at that time.
requirement at 49 CFR 391.41(b)(10). Federal, State, or local enforcement
official. Issued on: January 19, 2016.
The qualifications and medical Larry W. Minor,
condition of each applicant were stated VI. Conclusion Associate Administrator for Policy.
and discussed in detail in the October Based upon its evaluation of the 41 [FR Doc. 2016–02301 Filed 2–4–16; 8:45 am]
15, 2015, Federal Register notice and exemption applications, FMCSA BILLING CODE 4910–EX–P
they will not be repeated in this notice. exempts the following drivers from the
III. Discussion of Comments diabetes requirement in 49 CFR
391.41(b)(10), subject to the DEPARTMENT OF TRANSPORTATION
FMCSA received no comments in this requirements cited above 949 CFR
proceeding. 391.64(b)): Federal Motor Carrier Safety
David V. Bartel (MN) Administration
IV. Basis for Exemption Determination
Derwin M. Beckles (NJ) [FMCSA Docket No. FMCSA–2015–0068]
Under 49 U.S.C. 31136(e) and 31315, John H. Bell Jr. (FL)
FMCSA may grant an exemption from Robert G. Chadwick (UT) Qualification of Drivers; Exemption
the diabetes requirement in 49 CFR Brian D. Correll (PA) Applications; Diabetes Mellitus
391.41(b)(3) if the exemption is likely to Stephen V. Danczak (OH)
Thomas W. Freeley (NY) AGENCY: Federal Motor Carrier Safety
achieve an equivalent or greater level of Administration (FMCSA), DOT.
safety than would be achieved without Jeffrey S. Gurcik (NJ)
Robert Hackney, Jr. (NJ) ACTION: Notice of final disposition.
the exemption. The exemption allows
the applicants to operate CMVs in Lawrence D. Hastings (WI)
SUMMARY: FMCSA confirms its decision
interstate commerce. Michael P. Haun (RI)
to exempt 44 individuals from its rule
Anthony G. Hill (GA)
To evaluate the effect of these prohibiting persons with insulin-treated
Charles H. Hillman (OR)
exemptions on safety, FMCSA diabetes mellitus (ITDM) from operating
Alan L. Hodge (MN)
considered medical reports about the commercial motor vehicles (CMVs) in
Hans G. Horschig (NM)
applicants’ ITDM and vision, and Nicholas C. Huber (IA) interstate commerce. The exemptions
reviewed the treating endocrinologists’ Joseph S. Hurlburt (NY) enable these individuals to operate
medical opinion related to the ability of Robert J. Johnson (WA) CMVs in interstate commerce.
the driver to safely operate a CMV while DATES: The exemptions were effective
mstockstill on DSK4VPTVN1PROD with NOTICES
Christopher E. Jones (NY)
using insulin. Roger L. Killion (NC) on November 21, 2015. The exemptions
Consequently, FMCSA finds that in Robert L. Lawson (SC) expire on November 21, 2017.
each case exempting these applicants Leroy Madison (SC) FOR FURTHER INFORMATION CONTACT:
from the diabetes requirement in 49 CFR Mark L. Martin (WA) Christine A. Hydock, Chief, Medical
391.41(b)(3) is likely to achieve a level Wendell J. Matthews (MO) Programs Division, (202) 366–4001,
of safety equal to that existing without Peter G. Mattos (VT) fmcsamedical@dot.gov, FMCSA,
the exemption. Randy G. Moody (TN) Department of Transportation, 1200
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![6332 Federal Register / Vol. 81, No. 24 / Friday, February 5, 2016 / Notices
William H. Mowery (IA) FOR FURTHER INFORMATION CONTACT: insulin for control’’ (49 CFR
Tyna M. Murphy (PA) Christine A. Hydock, Chief, Medical 391.41(b)(3)).
Ojuang Okello (MN) Programs Division, (202) 366–4001, FMCSA established its diabetes
Jose A. Ortega (IL) fmcsamedical@dot.gov, FMCSA, exemption program, based on the
Troy D. Ostrowski (MN) Department of Transportation, 1200 Agency’s July 2000 study entitled ‘‘A
Terry G. Parker (OR) New Jersey Avenue SE, Room W64–113, Report to Congress on the Feasibility of
Anthony T. Quaglieri (NJ) Washington, DC 20590–0001. Office a Program to Qualify Individuals with
Antonio Ramos (RI) hours are from 8:30 a.m. to 5 p.m. e.t., Insulin-Treated Diabetes Mellitus to
Robert G. Rosenbaum (IN) Monday through Friday, except Federal Operate in Interstate Commerce as
Robert N. Ruhs (IA) holidays. Directed by the Transportation Act for
Louis A. Scandurro (LA) SUPPLEMENTARY INFORMATION:
the 21st Century.’’ The report concluded
Casey C. Small (CA) that a safe and practicable protocol to
Michael J. Soto (MI) I. Electronic Access allow some drivers with ITDM to
Ralph L. Staples (NY) You may see all the comments online operate CMVs is feasible. The
Ford J. stevens, Jr. (MA) through the Federal Document September 3, 2003 (68 FR 52441),
Donald T. Streich (WA) Management System (FDMS) at: http:// Federal Register notice in conjunction
Dale A. Stydinger (PA) www.regulations.gov. with the November 8, 2005 (70 FR
Raymond E. Thomason (CA) 67777), Federal Register notice provides
Docket: For access to the docket to
Robert M. Wright (PA) the current protocol for allowing such
read background documents or
Joe L. Zamora (TX) drivers to operate CMVs in interstate
comments, go to http://
In accordance with 49 U.S.C. 31136(e) www.regulations.gov and/or Room commerce.
and 31315 each exemption is valid for These 44 applicants have had ITDM
W12–140 on the ground level of the
two years unless revoked earlier by over a range of 1 to 32 years. These
West Building, 1200 New Jersey Avenue
FMCSA. The exemption will be revoked applicants report no severe
SE., Washington, DC, between 9 a.m.
if the following occurs: (1) The person hypoglycemic reactions resulting in loss
and 5 p.m., Monday through Friday,
fails to comply with the terms and of consciousness or seizure, requiring
except Federal holidays.
conditions of the exemption; (2) the the assistance of another person, or
Privacy Act: In accordance with 5
exemption has resulted in a lower level resulting in impaired cognitive function
U.S.C. 553(c), DOT solicits comments
of safety than was maintained before it that occurred without warning
from the public to better inform its
was granted; or (3) continuation of the symptoms, in the past 12 months and no
rulemaking process. DOT posts these
exemption would not be consistent with recurrent (2 or more) severe
comments, without edit, including any
the goals and objectives of 49 U.S.C. hypoglycemic episodes in the past 5
personal information the commenter
31136(e) and 31315. If the exemption is years. In each case, an endocrinologist
provides, to www.regulations.gov, as
still effective at the end of the 2-year verified that the driver has
described in the system of records
period, the person may apply to FMCSA demonstrated a willingness to properly
notice (DOT/ALL–14 FDMS), which can
for a renewal under procedures in effect monitor and manage his/her diabetes
be reviewed at www.dot.gov/privacy.
at that time. mellitus, received education related to
II. Background diabetes management, and is on a stable
Issued on: January 19, 2016.
insulin regimen. These drivers report no
Larry W. Minor, On November 27, 2015, FMCSA
other disqualifying conditions,
Associate Administrator for Policy. published a notice of receipt of Federal
including diabetes-related
[FR Doc. 2016–02300 Filed 2–4–16; 8:45 am] diabetes exemption applications from
complications. Each meets the vision
44 individuals and requested comments
BILLING CODE 4910–EX–P requirement at 49 CFR 391.41(b)(10).
from the public (80 FR 74190). The
The qualifications and medical
public comment period closed on
condition of each applicant were stated
DEPARTMENT OF TRANSPORTATION December 28, 2015, and no comments
and discussed in detail in the November
were received.
27, 2015, Federal Register notice and
Federal Motor Carrier Safety FMCSA has evaluated the eligibility they will not be repeated in this notice.
Administration of the 44 applicants and determined that
granting the exemptions to these III. Discussion of Comments
[FMCSA Docket No. FMCSA–2015–0337]
individuals would achieve a level of FMCSA received no comments in this
Qualification of Drivers; Exemption safety equivalent to or greater than the proceeding.
Applications; Diabetes Mellitus level that would be achieved by
complying with the current regulation IV. Basis for Exemption Determination
AGENCY: Federal Motor Carrier Safety 49 CFR 391.41(b)(3). Under 49 U.S.C. 31136(e) and 31315,
Administration (FMCSA), DOT. FMCSA may grant an exemption from
Diabetes Mellitus and Driving
ACTION: Notice of final disposition. the diabetes requirement in 49 CFR
Experience of the Applicants
391.41(b)(3) if the exemption is likely to
SUMMARY: FMCSA confirms its decision The Agency established the current achieve an equivalent or greater level of
to exempt 44 individuals from its rule requirement for diabetes in 1970 safety than would be achieved without
prohibiting persons with insulin-treated because several risk studies indicated the exemption. The exemption allows
diabetes mellitus (ITDM) from operating
mstockstill on DSK4VPTVN1PROD with NOTICES
that drivers with diabetes had a higher the applicants to operate CMVs in
commercial motor vehicles (CMVs) in rate of crash involvement than the interstate commerce.
interstate commerce. The exemptions general population. The diabetes rule To evaluate the effect of these
enable these individuals to operate provides that ‘‘A person is physically exemptions on safety, FMCSA
CMVs in interstate commerce. qualified to drive a commercial motor considered medical reports about the
DATES: The exemptions were effective vehicle if that person has no established applicants’ ITDM and vision, and
on December 29, 2015. The exemptions medical history or clinical diagnosis of reviewed the treating endocrinologists’
expire on December 29, 2017. diabetes mellitus currently requiring medical opinion related to the ability of
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Document Created: 2016-02-05 00:17:13
Document Modified: 2016-02-05 00:17:13
| 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 November 21, 2015. The exemptions expire on November 21, 2017. | |
| 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 6330 |
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