81 FR 6332 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 24 (February 5, 2016)

Page Range		6332-6333
FR Document		2016-02298

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.

Federal Register, Volume 81 Issue 24 (Friday, February 5, 2016)

[Federal Register Volume 81, Number 24 (Friday, February 5, 2016)]
[Notices]
[Pages 6332-6333]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-02298]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2015-0337]


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 December 29, 2015. The 
exemptions expire on December 29, 2017.

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 November 27, 2015, FMCSA published a notice of receipt of 
Federal diabetes exemption applications from 44 individuals and 
requested comments from the public (80 FR 74190). The public comment 
period closed on December 28, 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 32 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 November 27, 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

[[Page 6333]]

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)):

Michael E. Adrieansen (IL)
David A. August (CO)
Samuel M. Balis (PA)
Dwight J. Banks (IL)
David R. Bauman, III (MI)
George E. Britt (PA)
Cris A. Brown (MI)
Dustin D. Brown (WI)
Thomas W. Camp (VA)
Nathan G. Carnes (OR)
Vincenzo A. Cortese (CT)
Vernon L. Davidson (NE)
Damian DiFlorio (NJ)
Matthew D. Fox (IN)
Sammy N. Fox (PA)
Chadwick E. Gainey (FL)
Jamal A. George (OH)
John M. Halm (WA)
William R. Hardy (MI)
Craig A. Hendrickson (IL)
William D. Hoopes (OH)
Jeffrey L. Jones (AR)
Brent S. LaBree, II (VT)
Michael C. Landers (MA)
Duane F. Light (CT)
Darold W. Mahlstedt (IA)
Robert L. McConnell (PA)
Mark R.S. McMillan (NY)
Keith R. Miller (WV)
Randall T. Mitchell (AL)
Ernest Nez, Sr. (AZ)
Shawn P. O'Malley (WA)
Felipe N. Perez (FL)
Kenneth W. Phillips (IN)
Tony L. Prouty (IA)
Jim T. Repass (IN)
Jakob K. Siler (OK)
Darren G. Steil (IA)
Steven P. Stokke (WI)
Richard E. Wagner (MN)
Harold W. Welch (NE)
John F. Wesoloski, Jr. (ND)
Levon Wright, Sr. (FL)
Tadeusz S. Wrzesinski (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: January 19, 2016.
 Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-02298 Filed 2-4-16; 8:45 am]
BILLING CODE 4910-EX-P

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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Federal Register / Vol. 81, No. 24 / Friday, February 5, 2016 / Notices 6333

the driver to safely operate a CMV while William R. Hardy (MI) Beach Transit Extension Study (VBTES)
using insulin. Craig A. Hendrickson (IL) is being rescinded.
Consequently, FMCSA finds that in William D. Hoopes (OH)
each case exempting these applicants Jeffrey L. Jones (AR) FOR FURTHER INFORMATION CONTACT: Mr.
from the diabetes requirement in 49 CFR Brent S. LaBree, II (VT) Ryan Long, Community Planner,
391.41(b)(3) is likely to achieve a level Michael C. Landers (MA) Federal Transit Administration Region
of safety equal to that existing without Duane F. Light (CT) III, 1760 Market St, Suite 500
the exemption. Darold W. Mahlstedt (IA) Philadelphia, PA 19103, phone 215–
Robert L. McConnell (PA) 656–7051, email ryan.long@dot.gov.
V. Conditions and Requirements Mark R.S. McMillan (NY)
Keith R. Miller (WV) SUPPLEMENTARY INFORMATION: FTA, as
The terms and conditions of the
Randall T. Mitchell (AL) the lead Federal agency, and HRT, as
exemption will be provided to the
Ernest Nez, Sr. (AZ) the project sponsor, published an NOI
applicants in the exemption document
and they include the following: (1) That Shawn P. O’Malley (WA) in the Federal Register on August 14,
each individual submit a quarterly Felipe N. Perez (FL) 2013 (FR Volume 78, Number 157) to
monitoring checklist completed by the Kenneth W. Phillips (IN) prepare an EIS for the VBTES. The
treating endocrinologist as well as an Tony L. Prouty (IA) VBTES EIS evaluated extending transit
annual checklist with a comprehensive Jim T. Repass (IN) service from the eastern terminus of
medical evaluation; (2) that each Jakob K. Siler (OK) HRT’s existing Light Rail Transit (LRT)
individual reports within 2 business Darren G. Steil (IA) system, ‘‘The Tide,’’ at Newtown Road
days of occurrence, all episodes of Steven P. Stokke (WI) in Norfolk to the Virginia Beach
severe hypoglycemia, significant Richard E. Wagner (MN) oceanfront. The extension would travel
complications, or inability to manage Harold W. Welch (NE) either along the former Norfolk
diabetes; also, any involvement in an John F. Wesoloski, Jr. (ND) Southern Railroad right-of-way (NSRR
accident or any other adverse event in Levon Wright, Sr. (FL) ROW) that runs from Newtown Road to
a CMV or personal vehicle, whether or Tadeusz S. Wrzesinski (PA)
Birdneck Road, or along the NSRR ROW
not it is related to an episode of In accordance with 49 U.S.C. 31136(e) to Laskin Road then onto Birdneck Road
hypoglycemia; (3) that each individual and 31315 each exemption is valid for and terminating at the Virginia Beach
provide a copy of the ophthalmologist’s two years unless revoked earlier by oceanfront.
or optometrist’s report to the medical FMCSA. The exemption will be revoked
if the following occurs: (1) The person HRT was intending to seek Capital
examiner at the time of the annual
fails to comply with the terms and Investment Grant Program (CIG) funding
medical examination; and (4) that each
individual provide a copy of the annual conditions of the exemption; (2) the from FTA for one or more of the
medical certification to the employer for exemption has resulted in a lower level alternatives that were examined in the
retention in the driver’s qualification of safety than was maintained before it Draft EIS. The CIG program, more
file, or keep a copy in his/her driver’s was granted; or (3) continuation of the commonly known as the New Starts,
qualification file if he/she is self- exemption would not be consistent with Small Starts, and Core Capacity
employed. The driver must also have a the goals and objectives of 49 U.S.C. program, involves a multi-year, multi-
copy of the certification when driving, 31136(e) and 31315. If the exemption is step process that project sponsors must
for presentation to a duly authorized still effective at the end of the 2-year complete before a project is eligible for
Federal, State, or local enforcement period, the person may apply to FMCSA funding. The steps in the process and
official. for a renewal under procedures in effect the basic requirements of the program
at that time. can be found on FTA’s Web site at
VI. Conclusion
Issued on: January 19, 2016. www.fta.dot.gov.
Based upon its evaluation of the 44 Larry W. Minor, Since FTA approval of the Draft EIS
exemption applications, FMCSA Associate Administrator for Policy. on March 3, 2015, HRT has re-examined
exempts the following drivers from the
diabetes requirement in 49 CFR
[FR Doc. 2016–02298 Filed 2–4–16; 8:45 am] funding options and elected to not
391.41(b)(10), subject to the BILLING CODE 4910–EX–P pursue the CIG program or other Federal
requirements cited above 949 CFR transportation funding. Therefore, FTA
391.64(b)): is rescinding the August 14, 2013 NOI.
DEPARTMENT OF TRANSPORTATION
Michael E. Adrieansen (IL) Comments and questions concerning
David A. August (CO) Federal Transit Administration this notice should be directed to FTA at
Samuel M. Balis (PA) the address provided above.
Dwight J. Banks (IL) Notice To Rescind Notice of Intent To
David R. Bauman, III (MI) Prepare an Environmental Impact Terry Garcia Crews,
George E. Britt (PA) Statement Virginia Beach Transit Regional Administrator, FTA Region III.
Cris A. Brown (MI) Extension Study, Virginia [FR Doc. 2016–02200 Filed 2–4–16; 8:45 am]
Dustin D. Brown (WI) BILLING CODE P
Thomas W. Camp (VA) AGENCY: Federal Transit Administration
Nathan G. Carnes (OR) (FTA), DOT.
mstockstill on DSK4VPTVN1PROD with NOTICES

Vincenzo A. Cortese (CT) ACTION: Rescind Notice of Intent (NOI)
Vernon L. Davidson (NE) to prepare an Environmental Impact
Damian DiFlorio (NJ) Statement (EIS).
Matthew D. Fox (IN)
Sammy N. Fox (PA) SUMMARY: FTA in cooperation with
Chadwick E. Gainey (FL) Hampton Roads Transit (HRT) is issuing
Jamal A. George (OH) this notice to advise the public that the
John M. Halm (WA) NOI to prepare an EIS for the Virginia

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Document Created: 2016-02-05 00:17:03
Document Modified: 2016-02-05 00:17:03

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 December 29, 2015. The exemptions expire on December 29, 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 6332

81 FR 6332 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 24 (February 5, 2016)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration