81_FR_72854 81 FR 72651 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

81 FR 72651 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 203 (October 20, 2016)

Page Range72651-72652
FR Document2016-25377

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.

Federal Register, Volume 81 Issue 203 (Thursday, October 20, 2016) 
[Federal Register Volume 81, Number 203 (Thursday, October 20, 2016)]
[Notices]
[Pages 72651-72652]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-25377]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2016-0043]


Qualification of Drivers; Exemption Applications; Diabetes 
Mellitus

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT

ACTION: Notice of final disposition.

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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 September 7, 2016. The 
exemptions expire on September 7, 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 4, 2016, FMCSA published a notice of receipt of Federal 
diabetes exemption applications from 47 individuals and requested 
comments from the public (81 FR 51541. The public comment period closed 
on September 6, 2016, and no 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 36 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. The 
qualifications and medical condition of each applicant were stated and 
discussed in detail in the August 4, 2016, Federal Register

[[Page 72652]]

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 47 exemption applications, FMCSA 
exempts the following drivers from the diabetes requirement in 49 CFR 
391.41 (b)(3), subject to the requirements cited above in 49 CFR 
391.64(b):

Larry S. Ankerson (WI)
Kenneth D. Beatty (MS)
Christopher R. Bianco (PA)
John J. Bittner (ND)
Brandon J. Brown (TN)
Justin D. Campbell (AL)
Anthony Cicciari (NY)
Noah F. Cockman (NC)
Vito J. Dambra (PA)
Linda D. Davis (IN)
Frank A. DeCarolis (KS)
Orlando Dominguez (CA)
Scott L. Fetzer (PA)
Carl E. Fisher (PA)
Ryan A. Gehrke (MN)
Davy O. Glanville (DC)
George S. Goanos (GA)
Shane R. Gousie (MA)
Randal E. Hampton (NV)
Lindell O. Hart (MI)
Reginald M. Hart (GA)
David R. Holbert (NY)
Robert J. King (SC)
Dennis J. Kniffen (SD)
Scott D. Lazzell (AZ)
Allen E. Lemaster (SC)
Wayne F. Leonard (IL)
Joshua W. Lockwood (MD)
Ryan D. Mace (WA)
Brian P. McCabe (WA)
Charles M. McKenzie (OH)
Michael C. McNamara (SC)
Michael S. Meulenberg (MI)
Adam P. Neppl (ND)
Timothy J. Newton (IA)
Harold N.J. Pennington III (PA)
David T. Petty (CA)
William T. Phipps, Jr. (MD)
Ronald K. Roe (PA)
Harry W. Roebuck (TX)
Jeffrey M. Shipley (SD)
Glenn M. Shockley, Jr. (MD)
Carl G. Stafford (WV)
James D. Tichnor (NJ)
Scott W. Waterman (SD)
Richard A. Wojciak (CT)
Ricky L. Young (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: October 14, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-25377 Filed 10-19-16; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 81, No. 203 / Thursday, October 20, 2016 / Notices 72651 medical requirements that are deemed DEPARTMENT OF TRANSPORTATION September 6, 2016, and no comments medically necessary. were received. The FMCSA concluded that all of the Federal Motor Carrier Safety FMCSA has evaluated the eligibility Administration of the 47 applicants and determined that operating, monitoring and medical granting the exemptions to these requirements set out in the September 3, [FMCSA Docket No. FMCSA–2016–0043] individuals would achieve a level of 2003 notice, except as modified, were in Qualification of Drivers; Exemption safety equivalent to or greater than the compliance with section 4129(d). level that would be achieved by Therefore, all of the requirements set Applications; Diabetes Mellitus complying with the current regulation out in the September 3, 2003 notice, AGENCY: Federal Motor Carrier Safety 49 CFR 391.41(b)(3). except as modified by the notice in the Administration (FMCSA), DOT Federal Register on November 8, 2005 Diabetes Mellitus and Driving ACTION: Notice of final disposition. Experience of the Applicants (70 FR 67777), remain in effect. SUMMARY: FMCSA confirms its decision The Agency established the current IV. Submitting Comments to exempt 47 individuals from its rule requirement for diabetes in 1970 You may submit your comments and prohibiting persons with insulin-treated because several risk studies indicated material online or by fax, mail, or hand diabetes mellitus (ITDM) from operating that drivers with diabetes had a higher delivery, but please use only one of commercial motor vehicles (CMVs) in rate of crash involvement than the these means. FMCSA recommends that interstate commerce. The exemptions general population. The diabetes rule you include your name and a mailing enable these individuals to operate provides that ‘‘A person is physically address, an email address, or a phone CMVs in interstate commerce. qualified to drive a commercial motor number in the body of your document vehicle if that person has no established DATES: The exemptions were effective so that FMCSA can contact you if there medical history or clinical diagnosis of on September 7, 2016. The exemptions are questions regarding your diabetes mellitus currently requiring expire on September 7, 2018. submission. insulin for control’’ (49 CFR FOR FURTHER INFORMATION CONTACT: Ms. 391.41(b)(3)). To submit your comment online, go to Christine A. Hydock, Chief, Medical FMCSA established its diabetes http://www.regulations.gov and in the Programs Division, (202) 366–4001, exemption program, based on the search box insert the docket number fmcsamedical@dot.gov, FMCSA, Agency’s July 2000 study entitled ‘‘A FMCSA–2016–0223 and click the search Department of Transportation, 1200 Report to Congress on the Feasibility of button. When the new screen appears, New Jersey Avenue SE., Room W64– a Program to Qualify Individuals with click on the blue ‘‘Comment Now!’’ 113, Washington, DC 20590–0001. Insulin-Treated Diabetes Mellitus to button on the right hand side of the Office hours are from 8:30 a.m. to 5 p.m. Operate in Interstate Commerce as page. On the new page, enter e.t., Monday through Friday, except Directed by the Transportation Act for information required including the Federal holidays. the 21st Century.’’ The report concluded specific section of this document to SUPPLEMENTARY INFORMATION: that a safe and practicable protocol to which each comment applies, and allow some drivers with ITDM to I. Electronic Access operate CMVs is feasible. The provide a reason for each suggestion or recommendation. If you submit your You may see all the comments online September 3, 2003 (68 FR 52441), comments by mail or hand delivery, through the Federal Document Federal Register notice in conjunction submit them in an unbound format, no Management System (FDMS) at: http:// with the November 8, 2005 (70 FR larger than 81⁄2 by 11 inches, suitable for www.regulations.gov. 67777), Federal Register notice provides copying and electronic filing. If you Docket: For access to the docket to the current protocol for allowing such submit comments by mail and would read background documents or drivers to operate CMVs in interstate like to know that they reached the comments, go to http:// commerce. facility, please enclose a stamped, self- www.regulations.gov and/or Room These 47 applicants have had ITDM addressed postcard or envelope. W12–140 on the ground level of the over a range of 1 to 36 years. These West Building, 1200 New Jersey Avenue applicants report no severe We will consider all comments and hypoglycemic reactions resulting in loss SE., Washington, DC, between 9 a.m. material received during the comment of consciousness or seizure, requiring and 5 p.m., Monday through Friday, period. FMCSA may issue a final the assistance of another person, or except Federal holidays. determination at any time after the close resulting in impaired cognitive function Privacy Act: In accordance with 5 of the comment period. that occurred without warning U.S.C. 553(c), DOT solicits comments V. Viewing Comments and Documents from the public to better inform its symptoms, in the past 12 months and no rulemaking process. DOT posts these recurrent (2 or more) severe To view comments, as well as any comments, without edit, including any hypoglycemic episodes in the past 5 documents mentioned in this preamble, personal information the commenter years. In each case, an endocrinologist go to http://www.regulations.gov and in provides, to www.regulations.gov, as verified that the driver has the search box insert the docket number described in the system of records demonstrated a willingness to properly FMCSA–2016–0223 and click ‘‘Search.’’ notice (DOT/ALL–14 FDMS), which can monitor and manage his/her diabetes Next, click ‘‘Open Docket Folder’’ and be reviewed at www.dot.gov/privacy. mellitus, received education related to you will find all documents and diabetes management, and is on a stable mstockstill on DSK3G9T082PROD with NOTICES comments related to this notice. II. Background insulin regimen. These drivers report no Issued on: October 14, 2016. On August 4, 2016, FMCSA published other disqualifying conditions, a notice of receipt of Federal diabetes including diabetes-related Larry W. Minor, exemption applications from 47 complications. The qualifications and Associate Administrator for Policy. individuals and requested comments medical condition of each applicant [FR Doc. 2016–25379 Filed 10–19–16; 8:45 am] from the public (81 FR 51541. The were stated and discussed in detail in BILLING CODE 4910–EX–P public comment period closed on the August 4, 2016, Federal Register VerDate Sep<11>2014 16:40 Oct 19, 2016 Jkt 241001 PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM 20OCN1

72652 Federal Register / Vol. 81, No. 203 / Thursday, October 20, 2016 / Notices notice and they will not be repeated in exempts the following drivers from the Issued on: October 14, 2016. this notice. diabetes requirement in 49 CFR 391.41 Larry W. Minor, (b)(3), subject to the requirements cited Associate Administrator for Policy. III. Discussion of Comments above in 49 CFR 391.64(b): [FR Doc. 2016–25377 Filed 10–19–16; 8:45 am] FMCSA received no comments in this Larry S. Ankerson (WI) BILLING CODE 4910–EX–P proceeding. Kenneth D. Beatty (MS) IV. Basis for Exemption Determination Christopher R. Bianco (PA) John J. Bittner (ND) DEPARTMENT OF TRANSPORTATION Under 49 U.S.C. 31136(e) and 31315, Brandon J. Brown (TN) FMCSA may grant an exemption from Federal Motor Carrier Safety Justin D. Campbell (AL) the diabetes requirement in 49 CFR Administration Anthony Cicciari (NY) 391.41(b)(3) if the exemption is likely to Noah F. Cockman (NC) [Docket No. FMCSA–2016–0222] achieve an equivalent or greater level of Vito J. Dambra (PA) safety than would be achieved without Linda D. Davis (IN) Qualification of Drivers; Exemption the exemption. The exemption allows Frank A. DeCarolis (KS) Applications; Diabetes Mellitus the applicants to operate CMVs in Orlando Dominguez (CA) interstate commerce. Scott L. Fetzer (PA) AGENCY: Federal Motor Carrier Safety To evaluate the effect of these Administration (FMCSA). Carl E. Fisher (PA) exemptions on safety, FMCSA ACTION: Notice of applications for Ryan A. Gehrke (MN) considered medical reports about the Davy O. Glanville (DC) exemptions; request for comments. applicants’ ITDM and vision, and George S. Goanos (GA) reviewed the treating endocrinologists’ Shane R. Gousie (MA) SUMMARY: FMCSA announces receipt of medical opinion related to the ability of Randal E. Hampton (NV) applications from 43 individuals for the driver to safely operate a CMV while Lindell O. Hart (MI) exemption from the prohibition against using insulin. Reginald M. Hart (GA) persons with insulin-treated diabetes Consequently, FMCSA finds that in mellitus (ITDM) operating commercial David R. Holbert (NY) each case exempting these applicants motor vehicles (CMVs) in interstate Robert J. King (SC) from the diabetes requirement in 49 CFR commerce. If granted, the exemptions Dennis J. Kniffen (SD) 391.41(b)(3) is likely to achieve a level would enable these individuals with Scott D. Lazzell (AZ) of safety equal to that existing without ITDM to operate CMVs in interstate Allen E. Lemaster (SC) the exemption. commerce. Wayne F. Leonard (IL) V. Conditions and Requirements Joshua W. Lockwood (MD) DATES: Comments must be received on The terms and conditions of the Ryan D. Mace (WA) or before November 21, 2016. exemption will be provided to the Brian P. McCabe (WA) ADDRESSES: You may submit comments applicants in the exemption document Charles M. McKenzie (OH) bearing the Federal Docket Management and they include the following: (1) That Michael C. McNamara (SC) System (FDMS) Docket No. FMCSA– each individual submit a quarterly Michael S. Meulenberg (MI) 2016–0222 using any of the following monitoring checklist completed by the Adam P. Neppl (ND) methods: treating endocrinologist as well as an Timothy J. Newton (IA) • Federal eRulemaking Portal: Go to annual checklist with a comprehensive Harold N.J. Pennington III (PA) http://www.regulations.gov. Follow the medical evaluation; (2) that each David T. Petty (CA) on-line instructions for submitting individual reports within 2 business William T. Phipps, Jr. (MD) comments. days of occurrence, all episodes of Ronald K. Roe (PA) • Mail: Docket Management Facility; severe hypoglycemia, significant Harry W. Roebuck (TX) U.S. Department of Transportation, 1200 complications, or inability to manage Jeffrey M. Shipley (SD) New Jersey Avenue SE., West Building diabetes; also, any involvement in an Glenn M. Shockley, Jr. (MD) Ground Floor, Room W12–140, accident or any other adverse event in Carl G. Stafford (WV) Washington, DC 20590–0001. a CMV or personal vehicle, whether or James D. Tichnor (NJ) • Hand Delivery: West Building not it is related to an episode of Scott W. Waterman (SD) Ground Floor, Room W12–140, 1200 hypoglycemia; (3) that each individual Richard A. Wojciak (CT) New Jersey Avenue SE., Washington, provide a copy of the ophthalmologist’s Ricky L. Young (PA) DC, between 9 a.m. and 5 p.m., Monday or optometrist’s report to the medical In accordance with 49 U.S.C. 31136(e) through Friday, except Federal examiner at the time of the annual and 31315 each exemption is valid for Holidays. medical examination; and (4) that each two years unless revoked earlier by • Fax: 1–202–493–2251. individual provide a copy of the annual FMCSA. The exemption will be revoked Instructions: Each submission must medical certification to the employer for if the following occurs: (1) The person include the Agency name and the retention in the driver’s qualification fails to comply with the terms and docket numbers for this notice. Note file, or keep a copy in his/her driver’s conditions of the exemption; (2) the that all comments received will be qualification file if he/she is self- exemption has resulted in a lower level posted without change to http:// employed. The driver must also have a of safety than was maintained before it www.regulations.gov, including any was granted; or (3) continuation of the personal information provided. Please mstockstill on DSK3G9T082PROD with NOTICES copy of the certification when driving, for presentation to a duly authorized exemption would not be consistent with see the Privacy Act heading below for Federal, State, or local enforcement the goals and objectives of 49 U.S.C. further information. official. 31136(e) and 31315. If the exemption is Docket: For access to the docket to still effective at the end of the 2-year read background documents or VI. Conclusion period, the person may apply to FMCSA comments, go to http:// Based upon its evaluation of the 47 for a renewal under procedures in effect www.regulations.gov at any time or exemption applications, FMCSA at that time. Room W12–140 on the ground level of VerDate Sep<11>2014 16:40 Oct 19, 2016 Jkt 241001 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM 20OCN1


Document Created: 2016-10-21 09:59:27
Document Modified: 2016-10-21 09:59:27
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of final disposition.
DatesThe exemptions were effective on September 7, 2016. The exemptions expire on September 7, 2018.
ContactMs. 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 Citation81 FR 72651 
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