81 FR 84684 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 81, Issue 226 (November 23, 2016)
Federal Motor Carrier Safety Administration
Federal Register Volume 81, Issue 226 (November 23, 2016)
| Page Range | 84684-84686 | |
| FR Document | 2016-28215 |
[Federal Register Volume 81, Number 226 (Wednesday, November 23, 2016)] [Notices] [Pages 84684-84686] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-28215] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA-[2016-0221] 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 39 individuals from its rule prohibiting persons with insulin-treated diabetes mellitus (ITDM) from operating commercial motor vehicles (CMVs) in interstate commerce. The exemptions enable these individuals to operate CMVs in interstate commerce. DATES: The exemptions were effective on November 1, 2016. The exemptions expire on November 1, 2018. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, fmcsamedical@dot.gov, 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. [[Page 84685]] 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 September 30, 2016, FMCSA published a notice of receipt of Federal diabetes exemption applications from 39 individuals and requested comments from the public (81 FR 67425. The public comment period closed on October 31, 2016, and no comments were received. FMCSA has evaluated the eligibility of the 39 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 39 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. 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 September 30, 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 39 exemption applications, FMCSA exempts the following drivers from the diabetes requirement in 49 CFR 391.41(b)(3), subject to the requirements cited above 49 CFR 391.64(b): Thomas A. Alcon (NM) John K. Bottkol (FL) Donald J. Brinkman (CO) John D. Cline (AZ) Paul H. Coleman, Jr. (PA) John D. Colpitts (NC) Salvatore A. Corrao (MA) Patrick R. Dawson (NY) Kevin A. Dietz (IL) Steven M. Dunham (NH) James H. Elliott (OH) Frank A. W. Emrath (WI) Kirk M. Faria (MA) Richard L. Farris (WA) Alex J. Gerena-Santiago (PA) Matthew D. Homan (MI) Donna J. Jones (IL) Jamison G. Land (VA) Richard H. Leger (LA) Solomon J. Mayfield (GA) Calvin W. McDaniel (MI) Clay A. McDaniel (MO) Steven D. Mellott (OH) Sean R. T. Murray (MN) Chris A. Perez (IL) Luther S. Pickell (KS) Michael K. Piirto (IN) William A. Pope, Jr. (PA) Jeffrey E. Prevost (ME) Eric W. Ransom (WY) Phillip A. Rentschler (IN) Steven L. Saddler (FL) Allan C. Smith (IA) Craig A. Squib (PA) Timothy B. Suck (MI) Tyrel J. Turner (ID) [[Page 84686]] Daniel R. Violette (OR) Robert C. Williams (OR) David W. Wiltrout (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: November 16, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016-28215 Filed 11-22-16; 8:45 am] BILLING CODE 4910-EX-P
![84684 Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Notices
in 2016 and certified that he has had no diabetes mellitus, and be consistent copying and electronic filing. If you
severe hypoglycemic reactions resulting with the criteria described in section submit comments by mail and would
in loss of consciousness, requiring the 4018 of the Transportation Equity Act like to know that they reached the
assistance of another person, or for the 21st Century (49 U.S.C. 31305). facility, please enclose a stamped, self-
resulting in impaired cognitive function Section 4129 requires: (1) elimination addressed postcard or envelope.
that occurred without warning in the of the requirement for 3 years of We will consider all comments and
past 12 months and no recurrent (2 or experience operating CMVs while being material received during the comment
more) severe hypoglycemic episodes in treated with insulin; and (2) period. FMCSA may issue a final
the last 5 years. His endocrinologist establishment of a specified minimum determination at any time after the close
certifies that Mr. Wiltgen understands period of insulin use to demonstrate of the comment period.
diabetes management and monitoring, stable control of diabetes before being
has stable control of his diabetes using allowed to operate a CMV. V. Viewing Comments and Documents
insulin, and is able to drive a CMV In response to section 4129, FMCSA To view comments, as well as any
safely. made immediate revisions to the documents mentioned in this preamble,
Mr. Wiltgen meets the requirements of diabetes exemption program established go to http://www.regulations.gov and in
the vision standard at 49 CFR by the September 3, 2003 notice. the search box insert the docket number
391.41(b)(10). His ophthalmologist FMCSA discontinued use of the 3-year FMCSA–2016–0225 and click ‘‘Search.’’
examined him in 2016 and certified that driving experience and fulfilled the Next, click ‘‘Open Docket Folder’’ and
he has stable nonproliferative diabetic requirements of section 4129 while you will find all documents and
retinopathy. He holds a Class B CDL continuing to ensure that operation of comments related to this notice.
from Iowa. CMVs by drivers with ITDM will
Issued on: November 16, 2016.
achieve the requisite level of safety
Richard C. Wright required of all exemptions granted Larry W. Minor,
Mr. Wright, 50, has had ITDM since under 49 U.S.C.. 31136 (e). Associate Administrator for Policy.
2000. His endocrinologist examined him Section 4129(d) also directed FMCSA [FR Doc. 2016–28217 Filed 11–22–16; 8:45 am]
in 2016 and certified that he has had no to ensure that drivers of CMVs with BILLING CODE 4910–EX–P
severe hypoglycemic reactions resulting ITDM are not held to a higher standard
in loss of consciousness, requiring the than other drivers, with the exception of
assistance of another person, or limited operating, monitoring and DEPARTMENT OF TRANSPORTATION
resulting in impaired cognitive function medical requirements that are deemed
that occurred without warning in the medically necessary. Federal Motor Carrier Safety
past 12 months and no recurrent (2 or The FMCSA concluded that all of the Administration
more) severe hypoglycemic episodes in operating, monitoring and medical [FMCSA Docket No. FMCSA–[2016–0221]
the last 5 years. His endocrinologist requirements set out in the September 3,
certifies that Mr. Wright understands 2003 notice, except as modified, were in Qualification of Drivers; Exemption
diabetes management and monitoring, compliance with section 4129(d). Applications; Diabetes Mellitus
has stable control of his diabetes using Therefore, all of the requirements set
AGENCY: Federal Motor Carrier Safety
insulin, and is able to drive a CMV out in the September 3, 2003 notice,
Administration (FMCSA), DOT.
safely. except as modified by the notice in the
Mr. Wright meets the requirements of Federal Register on November 8, 2005 ACTION: Notice of final disposition.
the vision standard at 49 CFR (70 FR 67777), remain in effect. SUMMARY: FMCSA confirms its decision
391.41(b)(10). His ophthalmologist
IV. Submitting Comments to exempt 39 individuals from its rule
examined him in 2016 and certified that
prohibiting persons with insulin-treated
he has stable nonproliferative diabetic You may submit your comments and
diabetes mellitus (ITDM) from operating
retinopathy. He holds a Class A CDL material online or by fax, mail, or hand
commercial motor vehicles (CMVs) in
from New Jersey. delivery, but please use only one of
interstate commerce. The exemptions
these means. FMCSA recommends that
III. Request for Comments enable these individuals to operate
you include your name and a mailing
In accordance with 49 U.S.C. 31136(e) CMVs in interstate commerce.
address, an email address, or a phone
and 31315, FMCSA requests public number in the body of your document DATES: The exemptions were effective
comment from all interested persons on so that FMCSA can contact you if there on November 1, 2016. The exemptions
the exemption petitions described in are questions regarding your expire on November 1, 2018.
this notice. We will consider all submission. FOR FURTHER INFORMATION CONTACT: Ms.
comments received before the close of To submit your comment online, go to Christine A. Hydock, Chief, Medical
business on the closing date indicated http://www.regulations.gov and in the Programs Division, (202) 366–4001,
in the date section of the notice. search box insert the docket number fmcsamedical@dot.gov, FMCSA,
FMCSA notes that section 4129 of the FMCSA–2016–0225 and click the search Department of Transportation, 1200
Safe, Accountable, Flexible and button. When the new screen appears, New Jersey Avenue SE., Room W64–
Efficient Transportation Equity Act: A click on the blue ‘‘Comment Now!’’ 113, Washington, DC 20590–0001.
Legacy for Users requires the Secretary button on the right hand side of the Office hours are from 8:30 a.m. to 5 p.m.
to revise its diabetes exemption program page. On the new page, enter e.t., Monday through Friday, except
established on September 3, 2003 (68 FR information required including the Federal holidays.
mstockstill on DSK3G9T082PROD with NOTICES
52441).1 The revision must provide for specific section of this document to SUPPLEMENTARY INFORMATION:
individual assessment of drivers with which each comment applies, and
provide a reason for each suggestion or I. Electronic Access
1 Section 4129(a) refers to the 2003 notice as a recommendation. If you submit your You may see all the comments online
‘‘final rule.’’ However, the 2003 notice did not issue
a ‘‘final rule’’ but did establish the procedures and
comments by mail or hand delivery, through the Federal Document
standards for issuing exemptions for drivers with submit them in an unbound format, no Management System (FDMS) at: http://
ITDM. larger than 81⁄2 by 11 inches, suitable for www.regulations.gov.
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![84686 Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Notices
Daniel R. Violette (OR) fmcsamedical@dot.gov, FMCSA, corrective lenses, field of vision of at least
Robert C. Williams (OR) Department of Transportation, 1200 70° in the horizontal meridian in each eye,
David W. Wiltrout (PA) New Jersey Avenue SE., Room W64– and the ability to recognize the colors of
224, Washington, DC 20590–0001. traffic signals and devices showing red,
In accordance with 49 U.S.C. 31136(e) green, and amber.
and 31315 each exemption is valid for Office hours are from 8:30 a.m. to 5
two years unless revoked earlier by p.m., e.t., Monday through Friday, III. Discussion of Comments
FMCSA. The exemption will be revoked except Federal holidays. If you have FMCSA received no comments in this
if the following occurs: (1) the person questions regarding viewing or preceding.
fails to comply with the terms and submitting material to the docket,
conditions of the exemption; (2) the contact Docket Services, telephone (202) VI. Conclusion
exemption has resulted in a lower level 366–9826. Based upon its evaluation of the 99
of safety than was maintained before it SUPPLEMENTARY INFORMATION: renewal exemption applications and
was granted; or (3) continuation of the comments received, FMCSA confirms
exemption would not be consistent with I. Electronic Access
its’ decision to exempt the following
the goals and objectives of 49 U.S.C. You may see all the comments online drivers from the vision requirement in
31136(e) and 31315. If the exemption is through the Federal Document 49 CFR 391.41 (b)(10), subject to the
still effective at the end of the 2-year Management System (FDMS) at: http:// requirements cited above:
period, the person may apply to FMCSA www.regulations.gov. As of December 5, 2015, and in
for a renewal under procedures in effect Docket: For access to the docket to accordance with 49 U.S.C. 31136(e) and
at that time. read background documents or 31315, the following 17 individuals
comments, go to http// have satisfied the conditions for
Issued on: November 16, 2016.
www.regulations.gov and/or Room obtaining a renewed exemption from the
Larry W. Minor, W12–140 on the ground level of the
Associate Administrator for Policy. vision requirements (66 FR 17743; 66
West Building, 1200 New Jersey Avenue FR 33990; 68 FR 10301; 68 FR 19596;
[FR Doc. 2016–28215 Filed 11–22–16; 8:45 am] SE., Washington, DC, between 9 a.m. 68 FR 35772; 68 FR 52811; 68 FR 61860;
BILLING CODE 4910–EX–P and 5 p.m., e.t., Monday through Friday, 70 FR 25878; 70 FR 33937; 70 FR 61165;
except Federal holidays. 72 FR 32705; 72 FR 46261; 72 FR 54972;
Privacy Act: In accordance with 5 72 FR 58359; 72 FR 58362; 72 FR 67344;
DEPARTMENT OF TRANSPORTATION U.S.C. 553(c), DOT solicits comments 74 FR 26461; 74 FR 26464; 74 FR 34630;
from the public to better inform its 74 FR 43217; 74 FR 53581; 74 FR 57551;
Federal Motor Carrier Safety rulemaking process. DOT posts these
Administration 74 FR 57553; 76 FR 25766; 76 FR 34135;
comments, without edit, including any 76 FR 37168; 76 FR 37885; 76 FR 54530;
[Docket No. FMCSA–1999–5578; FMCSA– personal information the commenter 76 FR 64169; 76 FR 64171; 76 FR 66123;
2001–9258; FMCSA–2001–10578; FMCSA– provides, to http://www.regulations.gov, 76 FR 70212; 76 FR 75943; 78 FR 12815;
2002–11426; FMCSA–2003–14223; FMCSA– as described in the system of records
2003–15892; FMCSA–2003–16241; FMCSA– 78 FR 22602; 78 FR 62935; 78 FR 65032;
notice (DOT/ALL–14 FDMS), which can 78 FR 68137; 78 FR 76395; 78 FR 77782;
2005–21711; FMCSA–2005–22194; FMCSA– be reviewed at http://www.dot.gov/
2007–27897; FMCSA–2007–29019; FMCSA– 78 FR 78477; 80 FR 67481):
privacy.
2009–0121; FMCSA–2009–0154; FMCSA– Daniel F. Albers (CA)
2009–0206; FMCSA–2011–0092; FMCSA– II. Background Keith Bell (FL)
2011–0142; FMCSA–2011–0275; FMCSA– Kevin G. Clem (SD)
2011–0276; FMCSA–2011–26690; FMCSA– On November 2, 2015, FMCSA
published a notice announcing its David N. Cleveland (ME)
2013–0022; FMCSA–2013–0166; FMCSA–
2013–0169] decision to renew exemptions for 99 David J. Comeaux (LA)
individuals from the vision requirement Tommy R. Crouse (LA)
Qualification of Drivers; Exemption in 49 CFR 391.41(b)(10) to operate a Albion C. Doe, Sr. (NH)
Applications; Vision CMV in interstate commerce and Mark D. Kraft (IL)
requested comments from the public (80 Rocky J. Lachney (LA)
AGENCY: Federal Motor Carrier Safety Chase L. Larson (WA)
FR 67481). The public comment period
Administration (FMCSA), DOT. Herman G. Lovell (OR)
ended on December 2, 2015, and no
ACTION: Notice of final disposition. comments were received. Danny C. Pope (IL)
As stated in the previous notice, James B. Prunty (WV)
SUMMARY: FMCSA confirms its decision Rick E. Smith (IL)
to renew exemptions for 99 individuals FMCSA has evaluated the eligibility of
these applicants and determined that Robert E. Smith (CT)
from the vision requirement in the Fred L. Stotts (OK)
Federal Motor Carrier Safety renewing these exemptions would
Randell K. Tyler (AL)
Regulations (FMCSRs) for interstate achieve a level of safety equivalent to or
greater than the level that would be The drivers were included in one of
commercial motor vehicle (CMV) the following dockets: Docket Nos.
drivers. The exemptions enable these achieved by complying with the current
regulation 49 CFR 391.41(b)(10). FMCSA–2001–9258; FMCSA–2003–
individuals to continue to operate CMVs 14223; FMCSA–2003–15892; FMCSA–
The physical qualification standard
in interstate commerce without meeting 2007–27897; FMCSA–2007–29019;
for drivers regarding vision found in 49
the vision requirement in one eye. FMCSA–2009–0121; FMCSA–2009–
CFR 391.41(b)(10) states that a person is
DATES: Each group of renewed 0206; FMCSA–2011–0092; FMCSA–
mstockstill on DSK3G9T082PROD with NOTICES
physically qualified to driver a CMV if
exemptions were effective on the dates that person: 2011–26690; FMCSA–2013–0022;
stated in the discussions below and will FMCSA–2013–0166. Their exemptions
expire on the dates stated in the Has distant visual acuity of at least 20/40
(Snellen) in each eye without corrective are effective as of December 5, 2015 and
discussions below. lenses or visual acuity separately corrected to will expire on December 5, 2017.
FOR FURTHER INFORMATION CONTACT: Ms. 20/40 (Snellen) or better with corrective As of December 6, 2015, and in
Christine A. Hydock, Chief, Medical lenses, distant binocular acuity of a least 20/ accordance with 49 U.S.C. 31136(e) and
Programs Division, 202–366–4001, 40 (Snellen) in both eyes with or without 31315, the following 7 individuals have
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Document Created: 2016-11-23 05:29:36
Document Modified: 2016-11-23 05:29:36
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of final disposition. | |
| Dates | The exemptions were effective on November 1, 2016. The exemptions expire on November 1, 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 84684 |
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