81 FR 66733 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 81, Issue 188 (September 28, 2016)
Federal Motor Carrier Safety Administration
Federal Register Volume 81, Issue 188 (September 28, 2016)
| Page Range | 66733-66734 | |
| FR Document | 2016-23356 |
[Federal Register Volume 81, Number 188 (Wednesday, September 28, 2016)] [Notices] [Pages 66733-66734] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-23356] [[Page 66733]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA-2016-0037] 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 47 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 May 31, 2016. The exemptions expire on May 31, 2018. FOR FURTHER INFORMATION CONTACT: Ms. 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 April 28, 2016, FMCSA published a notice of receipt of Federal diabetes exemption applications from 47 individuals and requested comments from the public (81 FR 25486). The public comment period closed on May 31, 2016, and two comments were received. FMCSA has evaluated the eligibility of the 47 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 47 applicants have had ITDM over a range of 1 to 39 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 April 28, 2016, Federal Register notice and they will not be repeated in this notice. III. Discussion of Comments FMCSA received two comments in this proceeding. Moses Nater stated that he believes the exemptions should be granted to the drivers as, throughout his career, he has seen drivers with ITDM who have taken care of their conditions and safely operated CMVs. James Randall is not certain the exemptions should be granted based on his experience with crane operators who suffered from ITDM. He also believes the Federal government is requiring employers to assume the risk of hiring employees with ITDM and that it puts employers at odds with the ADA. The basis for granting the exemptions is discussed thoroughly in sections III and V of this document. 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 [[Page 66734]] 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 47 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)): Richard B. Aungier (MT) Christopher R. Barwick (NC) Richard D. Bentley (IN) Jeffrey C. Bergen (MA) Stephen G. Bowen (IL) Christopher J. Burgess (ID) Edward D. Burman (MA) Lynn J. Clark (UT) Jamie A. Davidson (MN) Kenneth W. Day (TN) Horace Dickinson (GA) Roy A. Duering (MN) Howard J. Easter III (VA) James R. Fifield (MI) Scott A. Figert (OH) Christopher E. Francklyn (CO) Larry D. Funk (KS) Mitchell P. Gibson (MI) Steven S. Gray (CT) Donald F. Greel, Jr. (MA) Rosemary M. Holland (TX) John A. Jung (OH) Jerry H. Kahn (MN) James J. Kramer (PA) Sean T. Lewis (NJ) Edwin Lozada (FL) Kevin S. Martin (MN) Allysa B. Meirowith (NY) Darren D. Mish (WI) Brian L. Murray (WA) Thomas V. Noyes (MA) Benny M. Perez (PA) Gregory S. Pethtel (OH) Thomas J. Price (WY) Theodore D. Reagle (PA) Eric A. Richie (AZ) Joseph Romano (NY) Keith E. Shumake (CO) William G. Simpson (CO) Jospeh A. Sisk (MS) Elmer L. Sprouse (NV) Stirling H. C. Sowerby (PA) John J. Steele (AL) Ryan M. Stumbaugh (PA) David J. Walker (IA) Shawn D. Weigel (KS) William H. Yocum (MO) 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: September 19, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016-23356 Filed 9-27-16; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 81, No. 188 / Wednesday, September 28, 2016 / Notices 66733
DEPARTMENT OF TRANSPORTATION 31, 2016, and two comments were and discussed in detail in the April 28,
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 47 applicants and determined that
granting the exemptions to these III. Discussion of Comments
[FMCSA Docket No. FMCSA–2016–0037] FMCSA received two comments in
individuals would achieve a level of
safety equivalent to or greater than the this proceeding. Moses Nater stated that
Qualification of Drivers; Exemption
level that would be achieved by he believes the exemptions should be
Applications; Diabetes Mellitus
complying with the current regulation granted to the drivers as, throughout his
AGENCY: Federal Motor Carrier Safety 49 CFR 391.41(b)(3). career, he has seen drivers with ITDM
Administration (FMCSA), DOT. who have taken care of their conditions
Diabetes Mellitus and Driving and safely operated CMVs. James
ACTION: Notice of final disposition. Experience of the Applicants Randall is not certain the exemptions
SUMMARY: FMCSA confirms its decision The Agency established the current should be granted based on his
to exempt 47 individuals from its rule requirement for diabetes in 1970 experience with crane operators who
prohibiting persons with insulin-treated because several risk studies indicated suffered from ITDM. He also believes
diabetes mellitus (ITDM) from operating that drivers with diabetes had a higher the Federal government is requiring
commercial motor vehicles (CMVs) in rate of crash involvement than the employers to assume the risk of hiring
interstate commerce. The exemptions general population. The diabetes rule employees with ITDM and that it puts
enable these individuals to operate provides that ‘‘A person is physically employers at odds with the ADA. The
CMVs in interstate commerce. qualified to drive a commercial motor basis for granting the exemptions is
vehicle if that person has no established discussed thoroughly in sections III and
DATES: The exemptions were effective
medical history or clinical diagnosis of V of this document.
on May 31, 2016. The exemptions
diabetes mellitus currently requiring
expire on May 31, 2018. IV. Basis for Exemption Determination
insulin for control’’ (49 CFR
FOR FURTHER INFORMATION CONTACT: Ms. 391.41(b)(3)). Under 49 U.S.C. 31136(e) and 31315,
Christine A. Hydock, Chief, Medical FMCSA established its diabetes FMCSA may grant an exemption from
Programs Division, (202) 366–4001, exemption program, based on the the diabetes requirement in 49 CFR
fmcsamedical@dot.gov, FMCSA, Agency’s July 2000 study entitled ‘‘A 391.41(b)(3) if the exemption is likely to
Department of Transportation, 1200 Report to Congress on the Feasibility of achieve an equivalent or greater level of
New Jersey Avenue SE., Room W64– a Program to Qualify Individuals with safety than would be achieved without
113, Washington, DC 20590–0001. Insulin-Treated Diabetes Mellitus to the exemption. The exemption allows
Office hours are from 8:30 a.m. to 5 p.m. Operate in Interstate Commerce as the applicants to operate CMVs in
e.t., Monday through Friday, except Directed by the Transportation Act for interstate commerce.
Federal holidays. the 21st Century.’’ The report concluded To evaluate the effect of these
SUPPLEMENTARY INFORMATION: that a safe and practicable protocol to exemptions on safety, FMCSA
allow some drivers with ITDM to considered medical reports about the
I. Electronic Access
operate CMVs is feasible. The applicants’ ITDM and vision, and
You may see all the comments online September 3, 2003 (68 FR 52441), reviewed the treating endocrinologists’
through the Federal Document Federal Register notice in conjunction medical opinion related to the ability of
Management System (FDMS) at: http:// with the November 8, 2005 (70 FR the driver to safely operate a CMV while
www.regulations.gov. 67777), Federal Register notice provides using insulin.
Docket: For access to the docket to the current protocol for allowing such Consequently, FMCSA finds that in
read background documents or drivers to operate CMVs in interstate each case exempting these applicants
comments, go to http:// commerce. from the diabetes requirement in 49 CFR
www.regulations.gov and/or Room These 47 applicants have had ITDM 391.41(b)(3) is likely to achieve a level
W12–140 on the ground level of the over a range of 1 to 39 years. These of safety equal to that existing without
West Building, 1200 New Jersey Avenue applicants report no severe the exemption.
SE., Washington, DC, between 9 a.m. hypoglycemic reactions resulting in loss
and 5 p.m., Monday through Friday, of consciousness or seizure, requiring V. Conditions and Requirements
except Federal holidays. the assistance of another person, or The terms and conditions of the
Privacy Act: In accordance with 5 resulting in impaired cognitive function exemption will be provided to the
U.S.C. 553(c), DOT solicits comments that occurred without warning applicants in the exemption document
from the public to better inform its symptoms, in the past 12 months and no and they include the following: (1) That
rulemaking process. DOT posts these recurrent (2 or more) severe each individual submit a quarterly
comments, without edit, including any hypoglycemic episodes in the past 5 monitoring checklist completed by the
personal information the commenter years. In each case, an endocrinologist treating endocrinologist as well as an
provides, to www.regulations.gov, as verified that the driver has annual checklist with a comprehensive
described in the system of records demonstrated a willingness to properly medical evaluation; (2) that each
notice (DOT/ALL–14 FDMS), which can monitor and manage his/her diabetes individual reports within 2 business
be reviewed at www.dot.gov/privacy. mellitus, received education related to days of occurrence, all episodes of
diabetes management, and is on a stable severe hypoglycemia, significant
mstockstill on DSK3G9T082PROD with NOTICES
II. Background complications, or inability to manage
insulin regimen. These drivers report no
On April 28, 2016, FMCSA published other disqualifying conditions, diabetes; also, any involvement in an
a notice of receipt of Federal diabetes including diabetes-related accident or any other adverse event in
exemption applications from 47 complications. Each meets the vision a CMV or personal vehicle, whether or
individuals and requested comments requirement at 49 CFR 391.41(b)(10). not it is related to an episode of
from the public (81 FR 25486). The The qualifications and medical hypoglycemia; (3) that each individual
public comment period closed on May condition of each applicant were stated provide a copy of the ophthalmologist’s
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![66734 Federal Register / Vol. 81, No. 188 / Wednesday, September 28, 2016 / Notices
or optometrist’s report to the medical In accordance with 49 U.S.C. 31136(e) 2016–0244 by any of the following
examiner at the time of the annual and 31315 each exemption is valid for methods:
medical examination; and (4) that each two years unless revoked earlier by • Federal eRulemaking Portal:
individual provide a copy of the annual FMCSA. The exemption will be revoked www.regulations.gov. See the Public
medical certification to the employer for if the following occurs: (1) The person Participation and Request for Comments
retention in the driver’s qualification fails to comply with the terms and section below for further information.
file, or keep a copy in his/her driver’s conditions of the exemption; (2) the • Mail: Docket Management Facility,
qualification file if he/she is self- exemption has resulted in a lower level U.S. Department of Transportation, 1200
employed. The driver must also have a of safety than was maintained before it New Jersey Avenue SE., West Building,
copy of the certification when driving, was granted; or (3) continuation of the Ground Floor, Room W12–140,
for presentation to a duly authorized exemption would not be consistent with Washington, DC 20590–0001.
Federal, State, or local enforcement the goals and objectives of 49 U.S.C. • Hand Delivery or Courier: West
official. 31136(e) and 31315. If the exemption is Building, Ground Floor, Room W12–
still effective at the end of the 2-year 140, 1200 New Jersey Avenue SE.,
VI. Conclusion
period, the person may apply to FMCSA between 9 a.m. and 5 p.m. E.T., Monday
Based upon its evaluation of the 47 for a renewal under procedures in effect through Friday, except Federal holidays.
exemption applications, FMCSA at that time. • Fax: 1–202–493–2251.
exempts the following drivers from the Issued on: September 19, 2016. Each submission must include the
diabetes requirement in 49 CFR Agency name and the docket number for
Larry W. Minor,
391.41(b)(10), subject to the this notice. Note that DOT posts all
requirements cited above (49 CFR Associate Administrator for Policy.
comments received without change to
391.64(b)): [FR Doc. 2016–23356 Filed 9–27–16; 8:45 am]
www.regulations.gov, including any
BILLING CODE 4910–EX–P personal information included in a
Richard B. Aungier (MT)
Christopher R. Barwick (NC) comment. Please see the Privacy Act
Richard D. Bentley (IN) heading below.
DEPARTMENT OF TRANSPORTATION
Jeffrey C. Bergen (MA) Docket: For access to the docket to
Stephen G. Bowen (IL) Federal Motor Carrier Safety read background documents or
Christopher J. Burgess (ID) Administration comments, go to www.regulations.gov at
Edward D. Burman (MA) any time or visit Room W12–140 on the
Lynn J. Clark (UT) ground level of the West Building, 1200
[Docket No. FMCSA–2016–0244]
Jamie A. Davidson (MN) New Jersey Avenue SE., Washington,
Kenneth W. Day (TN) Hours of Service of Drivers: Transco, DC, between 9 a.m. and 5 p.m., ET,
Horace Dickinson (GA) Inc.; Application for Exemption Monday through Friday, except Federal
Roy A. Duering (MN) holidays. The on-line FDMS is available
Howard J. Easter III (VA) AGENCY: Federal Motor Carrier Safety 24 hours each day, 365 days each year
James R. Fifield (MI) Administration (FMCSA), DOT. Privacy Act: In accordance with 5
Scott A. Figert (OH) ACTION: Notice of application for U.S.C. 553(c), DOT solicits comments
Christopher E. Francklyn (CO) exemption; request for comments. from the public to better inform its
Larry D. Funk (KS) rulemaking process. DOT posts these
Mitchell P. Gibson (MI) SUMMARY: FMCSA announces that it has comments, without edit, including any
Steven S. Gray (CT) received an application from Transco, personal information the commenter
Donald F. Greel, Jr. (MA) Inc. (Transco) for an exemption from the provides, to www.regulations.gov, as
Rosemary M. Holland (TX) 30-minute rest break provision of the described in the system of records
John A. Jung (OH) Agency’s hours-of-service (HOS) notice (DOT/ALL–14 FDMS), which can
Jerry H. Kahn (MN) regulations for commercial motor be reviewed at www.dot.gov/privacy.
James J. Kramer (PA) vehicle (CMV) drivers. Transco requests FOR FURTHER INFORMATION CONTACT: For
Sean T. Lewis (NJ) that its drivers be permitted to comply
Edwin Lozada (FL) information concerning this notice,
with the 30-minute rest break contact Mr. Thomas Yager, Chief,
Kevin S. Martin (MN) requirement while performing on-duty,
Allysa B. Meirowith (NY) FMCSA Driver and Carrier Operations
not-driving tasks. The requested Division; Office of Carrier, Driver and
Darren D. Mish (WI) exemption would apply to all Transco
Brian L. Murray (WA) Vehicle Safety Standards; Telephone:
drivers in its grocery and foodservice (614) 942–6477. Email: MCPSD@
Thomas V. Noyes (MA) divisions who provide driving and
Benny M. Perez (PA) dot.gov. If you have questions on
delivery services to their customers. Due viewing or submitting material to the
Gregory S. Pethtel (OH) to the nature of their operation, Transco
Thomas J. Price (WY) docket, contact Docket Services,
believes that compliance with the 30- telephone (202) 366–9826.
Theodore D. Reagle (PA) minute rest break rule negatively
Eric A. Richie (AZ) impacts the overall safety and general SUPPLEMENTARY INFORMATION:
Joseph Romano (NY)
health of its CMV drivers, and therefore I. Public Participation and Request for
Keith E. Shumake (CO)
requests this exemption for all of its Comments
William G. Simpson (CO)
company drivers. FMCSA requests
Jospeh A. Sisk (MS)
mstockstill on DSK3G9T082PROD with NOTICES
FMCSA encourages you to participate
public comment on Transco’s
Elmer L. Sprouse (NV) by submitting comments and related
application for exemption.
Stirling H. C. Sowerby (PA) materials.
John J. Steele (AL) DATES: Comments must be received on
Ryan M. Stumbaugh (PA) or before October 28, 2016. Submitting Comments
David J. Walker (IA) ADDRESSES: You may submit comments If you submit a comment, please
Shawn D. Weigel (KS) identified by Federal Docket include the docket number for this
William H. Yocum (MO) Management System Number FMCSA– notice (FMCSA–2016–0244), indicate
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Document Created: 2016-09-28 01:07:52
Document Modified: 2016-09-28 01:07:52
| 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 May 31, 2016. The exemptions expire on May 31, 2018. | |
| Contact | Ms. 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 66733 |
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