81 FR 67421 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 81, Issue 190 (September 30, 2016)
Federal Motor Carrier Safety Administration
Federal Register Volume 81, Issue 190 (September 30, 2016)
| Page Range | 67421-67422 | |
| FR Document | 2016-23652 |
[Federal Register Volume 81, Number 190 (Friday, September 30, 2016)] [Notices] [Pages 67421-67422] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-23652] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA-[2016-0216] 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 46 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 September 10, 2016. The exemptions expire on September 10, 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 August 10, 2016, FMCSA published a notice of receipt of Federal diabetes exemption applications from 46 individuals and requested comments from the public (81 FR 52947). The public comment period closed on September 9, 2016, and no comments were received. FMCSA has evaluated the eligibility of the 46 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 [[Page 67422]] 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 46 applicants have had ITDM over a range of 1 to 42 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 August 10, 2016, 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 46 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): Dale E. Bliss (WI) Charles W. Bobbitt, III (WA) Thomas Buckmaster (FL) Dustin L. Campbell (MD) Keith A. Cederberg (MN) Carlos A. Chapa (TX) David E. Colorado (UT) Francis J. Crawford (NY) James W. Creech (IN) Kirk A. Devitis (NJ) Melinda L. Echols (WA) Justin W. Garriott (WY) David J. Goergen (MN) Pedro L. Gonzalez (MA) Jeffrey K. Hagen (WI) Charles D. Hall (CA) Daniel O. Hawley (IL) Eugene R. Huelskamp (OH) Dennis S. Hughes (TX) Bonita K. Hunt (NC) John M. Isley (NC) John T. Jameson (MO) Jeffrey A. Kidd (MD) Craig T. Kite (OH) Donald E. Knowles (IA) Kevin E. Lester (VA) Eric T. Maier (CA) Javier Melendez (TX) Brenda L. Mitchell (KY) Terry L. Neiman (PA) Peter Z. Pall (FL) Joaquim Pedro (NY) Vernon Piper (NY) Angelo Renieris (NY) Sean A. Rivera (AZ) Kevin L. Ross (AK) James R. Sauceda (NM) Kevin Stead (NJ) Jacob P. Trommer (OH) Nicholas D. Wall (SD) Tony B. Wetherell (MN) Mark A. Williams (GA) Steven M. Wilson (IL) Don E. Wood, Jr. (TX) Kirk M. Wright (NE) Charles P. Zenns (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: September 22, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016-23652 Filed 9-29-16; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Notices 67421
Floodplain Management and project’s purpose and need. Alternatives FOR FURTHER INFORMATION CONTACT: Ms.
Protection (April 23, 1979) under consideration include (1) No Christine A. Hydock, Chief, Medical
23. Rivers and Harbors Appropriation Build Alternative; (2) Elevated Highway Programs Division, (202) 366–4001,
Act of 1899, Sections 9 and 10 Alternative (3) Lowered Highway fmcsamedical@dot.gov, FMCSA,
24. Title VI of the Civil Rights Act of Alternative and (4) Tunneled Highway Department of Transportation, 1200
1964, as amended Alternative. An Internet Web site has New Jersey Avenue SE., Room W64–
25. Executive Order 12898, Federal been established to provide information 113, Washington, DC 20590–0001.
Actions to Address Environmental on the proposed project and can be Office hours are from 8:30 a.m. to 5 p.m.
Justice and Low-Income accessed at http://www.i84hartford.com. e.t., Monday through Friday, except
Populations Public scoping is underway. Federal holidays.
(Catalog of Federal Domestic Assistance Agencies, Tribes, and the public are SUPPLEMENTARY INFORMATION:
Program Number 20.205, Highway Planning encouraged to submit written comments
and Construction. The regulations on the purpose and need, scope of I. Electronic Access
implementing Executive Order 12372 alternatives and impacts. The draft EIS
regarding intergovernmental consultation on
You may see all the comments online
will be available for public and agency through the Federal Document
Federal programs and activities apply to this
program.) review and comment prior to a public Management System (FDMS) at: http://
hearing. Public notice of the draft EIS www.regulations.gov.
Authority: 23 U.S.C. 139(l)(1). and the date and time of the public Docket: For access to the docket to
Cesar Perez, hearing(s) will be posted on the project read background documents or
Senior Transportation Engineer, Federal Web site and in local the newspapers. comments, go to http://
Highway Administration, Sacramento, To ensure that the full range of issues www.regulations.gov and/or Room
California. related to this proposed action are W12–140 on the ground level of the
[FR Doc. 2016–23641 Filed 9–29–16; 8:45 am] addressed and all significant issues West Building, 1200 New Jersey Avenue
BILLING CODE 4910–RY–P identified, comments and suggestions SE., Washington, DC, between 9 a.m.
are invited from all interested parties. and 5 p.m., Monday through Friday,
Comments or questions concerning this except Federal holidays.
DEPARTMENT OF TRANSPORTATION proposed action and the EIS should be Privacy Act: In accordance with 5
directed to the FHWA at the address U.S.C. 553(c), DOT solicits comments
Federal Highway Administration provided above. from the public to better inform its
Environmental Impact Statement; (Catalog of Federal Domestic Assistance rulemaking process. DOT posts these
Program Number 20.205, Highway Research, comments, without edit, including any
Hartford County, Connecticut Planning, and Construction. The regulations personal information the commenter
AGENCY: Federal Highway implementing Executive Order 12372 provides, to www.regulations.gov, as
Administration (FHWA), DOT. regarding intergovernmental consultation on described in the system of records
Federal programs and activities apply to this
ACTION: Notice of intent.
program.)
notice (DOT/ALL–14 FDMS), which can
be reviewed at www.dot.gov/privacy.
SUMMARY: The FHWA is issuing this Issued on: September 20, 2016.
notice to advise the public that an Amy Jackson-Grove, II. Background
environmental impact statement will be Division Administrator, Glastonbury, On August 10, 2016, FMCSA
prepared for a proposed highway project Connecticut. published a notice of receipt of Federal
in Hartford County, Connecticut. [FR Doc. 2016–23119 Filed 9–29–16; 8:45 am] diabetes exemption applications from
FOR FURTHER INFORMATION CONTACT: BILLING CODE 4910–22–M 46 individuals and requested comments
Amy D. Jackson-Grove, Division from the public (81 FR 52947). The
Administrator, Federal Highway public comment period closed on
Administration, 628–2 Hebron Avenue, DEPARTMENT OF TRANSPORTATION September 9, 2016, and no comments
Suite 303, Glastonbury, CT 06033, were received.
Telephone: (860) 659–6703. Federal Motor Carrier Safety FMCSA has evaluated the eligibility
SUPPLEMENTARY INFORMATION: The Administration of the 46 applicants and determined that
FHWA, in cooperation with the granting the exemptions to these
[FMCSA Docket No. FMCSA–[2016–0216]
Connecticut Department of individuals would achieve a level of
Transportation (CTDOT), will prepare Qualification of Drivers; Exemption safety equivalent to or greater than the
an environmental impact statement Applications; Diabetes Mellitus level that would be achieved by
(EIS) on a proposal for transportation complying with the current regulation
improvements on I–84 between AGENCY: Federal Motor Carrier Safety 49 CFR 391.41(b)(3).
Flatbush Avenue (Interchange 45) and Administration (FMCSA), DOT.
I–91 (Interchange 53) in Hartford, Diabetes Mellitus and Driving
ACTION: Notice of final disposition.
Connecticut. The approximate length of Experience of the Applicants
the proposed project area is 2.5 miles. SUMMARY: FMCSA confirms its decision The Agency established the current
The purpose of the proposed project, as to exempt 46 individuals from its rule requirement for diabetes in 1970
currently defined, is to address prohibiting persons with insulin-treated because several risk studies indicated
structural deficiencies, improve traffic diabetes mellitus (ITDM) from operating that drivers with diabetes had a higher
mstockstill on DSK3G9T082PROD with NOTICES
operations and safety, and improve commercial motor vehicles (CMVs) in rate of crash involvement than the
mobility on and along the I–84 corridor interstate commerce. The exemptions general population. The diabetes rule
within the project limits, while enable these individuals to operate provides that ‘‘A person is physically
maintaining access for the City of CMVs in interstate commerce. qualified to drive a commercial motor
Hartford and adjacent communities. The DATES: The exemptions were effective vehicle if that person has no established
EIS will study a reasonable range of on September 10, 2016. The exemptions medical history or clinical diagnosis of
alternatives to address the proposed expire on September 10, 2018. diabetes mellitus currently requiring
VerDate Sep<11>2014 20:49 Sep 29, 2016 Jkt 238001 PO 00000 Frm 00133 Fmt 4703 Sfmt 4703 E:\FR\FM\30SEN1.SGM 30SEN1](https://thefederalregister.org/doc/81_FR_67611/page/1.svg)
![67422 Federal Register / Vol. 81, No. 190 / Friday, September 30, 2016 / Notices
insulin for control’’ (49 CFR the driver to safely operate a CMV while Dennis S. Hughes (TX)
391.41(b)(3)). using insulin. Bonita K. Hunt (NC)
FMCSA established its diabetes Consequently, FMCSA finds that in John M. Isley (NC)
exemption program, based on the each case exempting these applicants John T. Jameson (MO)
Agency’s July 2000 study entitled ‘‘A from the diabetes requirement in 49 CFR Jeffrey A. Kidd (MD)
Report to Congress on the Feasibility of 391.41(b)(3) is likely to achieve a level Craig T. Kite (OH)
a Program to Qualify Individuals with of safety equal to that existing without Donald E. Knowles (IA)
Insulin-Treated Diabetes Mellitus to the exemption. Kevin E. Lester (VA)
Operate in Interstate Commerce as Eric T. Maier (CA)
Directed by the Transportation Act for V. Conditions and Requirements
Javier Melendez (TX)
the 21st Century.’’ The report concluded The terms and conditions of the Brenda L. Mitchell (KY)
that a safe and practicable protocol to exemption will be provided to the Terry L. Neiman (PA)
allow some drivers with ITDM to applicants in the exemption document Peter Z. Pall (FL)
operate CMVs is feasible. The and they include the following: (1) That Joaquim Pedro (NY)
September 3, 2003 (68 FR 52441), each individual submit a quarterly Vernon Piper (NY)
Federal Register notice in conjunction monitoring checklist completed by the Angelo Renieris (NY)
with the November 8, 2005 (70 FR treating endocrinologist as well as an Sean A. Rivera (AZ)
67777), Federal Register notice provides annual checklist with a comprehensive Kevin L. Ross (AK)
the current protocol for allowing such medical evaluation; (2) that each James R. Sauceda (NM)
drivers to operate CMVs in interstate individual reports within 2 business Kevin Stead (NJ)
commerce. days of occurrence, all episodes of Jacob P. Trommer (OH)
These 46 applicants have had ITDM severe hypoglycemia, significant Nicholas D. Wall (SD)
over a range of 1 to 42 years. These complications, or inability to manage Tony B. Wetherell (MN)
applicants report no severe diabetes; also, any involvement in an Mark A. Williams (GA)
hypoglycemic reactions resulting in loss accident or any other adverse event in Steven M. Wilson (IL)
of consciousness or seizure, requiring a CMV or personal vehicle, whether or Don E. Wood, Jr. (TX)
the assistance of another person, or not it is related to an episode of Kirk M. Wright (NE)
resulting in impaired cognitive function hypoglycemia; (3) that each individual Charles P. Zenns (NY)
that occurred without warning provide a copy of the ophthalmologist’s In accordance with 49 U.S.C. 31136(e)
symptoms, in the past 12 months and no or optometrist’s report to the medical and 31315 each exemption is valid for
recurrent (2 or more) severe examiner at the time of the annual two years unless revoked earlier by
hypoglycemic episodes in the past 5 medical examination; and (4) that each FMCSA. The exemption will be revoked
years. In each case, an endocrinologist individual provide a copy of the annual if the following occurs: (1) The person
verified that the driver has medical certification to the employer for fails to comply with the terms and
demonstrated a willingness to properly retention in the driver’s qualification conditions of the exemption; (2) the
monitor and manage his/her diabetes file, or keep a copy in his/her driver’s exemption has resulted in a lower level
mellitus, received education related to qualification file if he/she is self- of safety than was maintained before it
diabetes management, and is on a stable employed. The driver must also have a was granted; or (3) continuation of the
insulin regimen. These drivers report no copy of the certification when driving, exemption would not be consistent with
other disqualifying conditions, for presentation to a duly authorized the goals and objectives of 49 U.S.C.
including diabetes-related Federal, State, or local enforcement 31136(e) and 31315. If the exemption is
complications. Each meets the vision official. still effective at the end of the 2-year
requirement at 49 CFR 391.41(b)(10). period, the person may apply to FMCSA
The qualifications and medical VI. Conclusion
for a renewal under procedures in effect
condition of each applicant were stated Based upon its evaluation of the 46 at that time.
and discussed in detail in the August exemption applications, FMCSA
10, 2016, Federal Register notice and exempts the following drivers from the Issued on: September 22, 2016.
they will not be repeated in this notice. diabetes requirement in 49 CFR Larry W. Minor,
391.41(b)(10), subject to the Associate Administrator for Policy.
III. Discussion of Comments
requirements cited above 49 CFR [FR Doc. 2016–23652 Filed 9–29–16; 8:45 am]
FMCSA received no comments in this 391.64(b): BILLING CODE 4910–EX–P
proceeding. Dale E. Bliss (WI)
IV. Basis for Exemption Determination Charles W. Bobbitt, III (WA)
Thomas Buckmaster (FL) DEPARTMENT OF TRANSPORTATION
Under 49 U.S.C. 31136(e) and 31315, Dustin L. Campbell (MD)
FMCSA may grant an exemption from Keith A. Cederberg (MN) Federal Motor Carrier Safety
the diabetes requirement in 49 CFR Carlos A. Chapa (TX) Administration
391.41(b)(3) if the exemption is likely to David E. Colorado (UT) [FMCSA Docket No. FMCSA–2015–0321]
achieve an equivalent or greater level of Francis J. Crawford (NY)
safety than would be achieved without James W. Creech (IN) Qualification of Drivers; Exemption
the exemption. The exemption allows Kirk A. Devitis (NJ) Applications; Epilepsy and Seizure
the applicants to operate CMVs in
mstockstill on DSK3G9T082PROD with NOTICES
Melinda L. Echols (WA) Disorders
interstate commerce. Justin W. Garriott (WY)
To evaluate the effect of these David J. Goergen (MN) AGENCY: Federal Motor Carrier Safety
exemptions on safety, FMCSA Pedro L. Gonzalez (MA) Administration (FMCSA), DOT.
considered medical reports about the Jeffrey K. Hagen (WI) ACTION: Notice of final disposition.
applicants’ ITDM and vision, and Charles D. Hall (CA)
reviewed the treating endocrinologists’ Daniel O. Hawley (IL) SUMMARY: FMCSA announces its
medical opinion related to the ability of Eugene R. Huelskamp (OH) decision to exempt 22 individuals from
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Document Created: 2018-02-09 13:33:50
Document Modified: 2018-02-09 13:33:50
| 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 September 10, 2016. The exemptions expire on September 10, 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 67421 |
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