81 FR 84688 - 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 | 84688-84689 | |
| FR Document | 2016-28219 |
[Federal Register Volume 81, Number 226 (Wednesday, November 23, 2016)] [Notices] [Pages 84688-84689] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-28219] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA-[2016-0218] 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 8, 2016. The exemptions expire on September 8, 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 8, 2016, FMCSA published a notice of receipt of Federal diabetes exemption applications from 46 individuals and requested comments from the public (81 FR 52505. The public comment period closed on September 7, 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 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 24 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 8, 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- [[Page 84689]] 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)): Robert C. Bartleson (WI) Jeffrey H. Blankenhorn (OR) Melvin J. Bowers (SC) Howard A. Cambridge (PA) Donald J. Charette (CT) Robert C. Davis (PA) Matthew P. Delaney (MA) Scot D. Dragon (CT) Patrick J. Flynn (IA) Tyson E. Frazier (NH) Christopher G. Furlong (TN) Austin G. Granby (IL) Charles R. Hurston (LA) James E. Ingles (KY) Lovie L. Ivory (AL) Rodrigo Jackson (TX) Keith L. Jaynes (ME) James J. Jopp (MN) Evan D. Keese (TN) Michael J. Kelly (NY) Mark A. Lewis (SD) Mitchell R. Loge (CO) Lloyd I. Lynn (IA) Vincent Marino (WV) Pedro Mata, Jr. (MI) Dean A. McCoy (IA) Bruce A. Miller (IA) William C. Mirabello, III (MD) Eric J. O'Neal (MD) Eugene E. Patterson, III (TX) Luis A. Santiago (CT) Connor J. Sarmiento (MT) Michael G. Schleining (WA) Ryan A. Scopino (ME) Robert W. Shafer (SD) Francisco Simental, Jr. (TX) Ronald C. Snide (NY) Terry J. Southards (KS) Timothy T. Stanton (MN) Eric W. Thomason (KS) Grady R. Thompson (OK) Glenn M. Turley (WV) John V. Wallace (MA) Randy R. Wallace (MO) Merle L. Weyer (SD) Norman D. Zamarche (UT) 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. 2016-28219 Filed 11-22-16; 8:45 am] BILLING CODE 4910-EX-P
![84688 Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Notices
Issued on: November 16, 2016. II. Background diabetes management, and is on a stable
Larry W. Minor, On August 8, 2016, FMCSA published insulin regimen. These drivers report no
Associate Administrator for Policy. a notice of receipt of Federal diabetes other disqualifying conditions,
[FR Doc. 2016–28228 Filed 11–22–16; 8:45 am] exemption applications from 46 including diabetes-related
BILLING CODE 4910–EX–P individuals and requested comments complications. Each meets the vision
from the public (81 FR 52505. The requirement at 49 CFR 391.41(b)(10).
The qualifications and medical
public comment period closed on
DEPARTMENT OF TRANSPORTATION condition of each applicant were stated
September 7, 2016, and no comments
and discussed in detail in the August 8,
were received.
Federal Motor Carrier Safety FMCSA has evaluated the eligibility 2016, Federal Register notice and they
Administration of the 46 applicants and determined that will not be repeated in this notice.
granting the exemptions to these III. Discussion of Comments
[FMCSA Docket No. FMCSA–[2016–0218] individuals would achieve a level of FMCSA received no comments in this
safety equivalent to or greater than the proceeding.
Qualification of Drivers; Exemption level that would be achieved by
Applications; Diabetes Mellitus complying with the current regulation IV. Basis for Exemption Determination
AGENCY: Federal Motor Carrier Safety 49 CFR 391.41(b)(3). Under 49 U.S.C. 31136(e) and 31315,
Administration (FMCSA), DOT Diabetes Mellitus and Driving FMCSA may grant an exemption from
ACTION: Notice of final disposition. Experience of the Applicants the diabetes requirement in 49 CFR
391.41(b)(3) if the exemption is likely to
SUMMARY: FMCSA confirms its decision The Agency established the current achieve an equivalent or greater level of
to exempt 46 individuals from its rule requirement for diabetes in 1970 safety than would be achieved without
prohibiting persons with insulin-treated because several risk studies indicated the exemption. The exemption allows
diabetes mellitus (ITDM) from operating that drivers with diabetes had a higher the applicants to operate CMVs in
commercial motor vehicles (CMVs) in rate of crash involvement than the interstate commerce.
interstate commerce. The exemptions general population. The diabetes rule To evaluate the effect of these
enable these individuals to operate provides that ‘‘A person is physically exemptions on safety, FMCSA
CMVs in interstate commerce. qualified to drive a commercial motor considered medical reports about the
vehicle if that person has no established applicants’ ITDM and vision, and
DATES: The exemptions were effective
medical history or clinical diagnosis of reviewed the treating endocrinologists’
on September 8, 2016. The exemptions diabetes mellitus currently requiring
expire on September 8, 2018. medical opinion related to the ability of
insulin for control’’ (49 CFR the driver to safely operate a CMV while
FOR FURTHER INFORMATION CONTACT: Ms. 391.41(b)(3)). using insulin.
Christine A. Hydock, Chief, Medical FMCSA established its diabetes Consequently, FMCSA finds that in
Programs Division, (202) 366–4001, exemption program, based on the each case exempting these applicants
fmcsamedical@dot.gov, FMCSA, Agency’s July 2000 study entitled ‘‘A from the diabetes requirement in 49 CFR
Department of Transportation, 1200 Report to Congress on the Feasibility of 391.41(b)(3) is likely to achieve a level
New Jersey Avenue SE., Room W64– a Program to Qualify Individuals with of safety equal to that existing without
113, Washington, DC 20590–0001. Insulin-Treated Diabetes Mellitus to the exemption.
Office hours are from 8:30 a.m. to 5 p.m. Operate in Interstate Commerce as
e.t., Monday through Friday, except Directed by the Transportation Act for V. Conditions and Requirements
Federal holidays. the 21st Century.’’ The report concluded The terms and conditions of the
SUPPLEMENTARY INFORMATION: that a safe and practicable protocol to exemption will be provided to the
allow some drivers with ITDM to applicants in the exemption document
I. Electronic Access and they include the following: (1) That
operate CMVs is feasible. The
You may see all the comments online September 3, 2003 (68 FR 52441), each individual submit a quarterly
through the Federal Document Federal Register notice in conjunction monitoring checklist completed by the
Management System (FDMS) at: http:// with the November 8, 2005 (70 FR treating endocrinologist as well as an
www.regulations.gov. 67777), Federal Register notice provides annual checklist with a comprehensive
Docket: For access to the docket to the current protocol for allowing such medical evaluation; (2) that each
read background documents or drivers to operate CMVs in interstate individual reports within 2 business
comments, go to http:// commerce. days of occurrence, all episodes of
www.regulations.gov and/or Room These 46 applicants have had ITDM severe hypoglycemia, significant
W12–140 on the ground level of the over a range of 1 to 24 years. These complications, or inability to manage
West Building, 1200 New Jersey Avenue applicants report no severe diabetes; also, any involvement in an
SE., Washington, DC, between 9 a.m. hypoglycemic reactions resulting in loss accident or any other adverse event in
and 5 p.m., Monday through Friday, of consciousness or seizure, requiring a CMV or personal vehicle, whether or
except Federal holidays. the assistance of another person, or not it is related to an episode of
Privacy Act: In accordance with 5 resulting in impaired cognitive function hypoglycemia; (3) that each individual
U.S.C. 553(c), DOT solicits comments that occurred without warning provide a copy of the ophthalmologist’s
from the public to better inform its symptoms, in the past 12 months and no or optometrist’s report to the medical
mstockstill on DSK3G9T082PROD with NOTICES
rulemaking process. DOT posts these recurrent (2 or more) severe examiner at the time of the annual
comments, without edit, including any hypoglycemic episodes in the past 5 medical examination; and (4) that each
personal information the commenter years. In each case, an endocrinologist individual provide a copy of the annual
provides, to www.regulations.gov, as verified that the driver has medical certification to the employer for
described in the system of records demonstrated a willingness to properly retention in the driver’s qualification
notice (DOT/ALL–14 FDMS), which can monitor and manage his/her diabetes file, or keep a copy in his/her driver’s
be reviewed at www.dot.gov/privacy. mellitus, received education related to qualification file if he/she is self-
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![Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Notices 84689
employed. The driver must also have a of safety than was maintained before it Avenue SE., Room W23–453,
copy of the certification when driving, was granted; or (3) continuation of the Washington, DC 20590. Telephone 202–
for presentation to a duly authorized exemption would not be consistent with 366–9309, Email Bianca.carr@dot.gov.
Federal, State, or local enforcement the goals and objectives of 49 U.S.C. SUPPLEMENTARY INFORMATION: As
official. 31136(e) and 31315. If the exemption is described by the applicant the intended
still effective at the end of the 2-year service of the vessel ROCK TIME is:
VI. Conclusion period, the person may apply to FMCSA Intended Commercial Use of Vessel:
Based upon its evaluation of the 46 for a renewal under procedures in effect Snorkel tours.
exemption applications, FMCSA at that time. Geographic Region: ‘‘Florida’’.
exempts the following drivers from the Issued on: November 16, 2016. The complete application is given in
diabetes requirement in 49 CFR Larry W. Minor, DOT docket MARAD–2016–0119 at
391.41(b)(10), subject to the http://www.regulations.gov. Interested
Associate Administrator for Policy.
requirements cited above 49 CFR parties may comment on the effect this
[FR Doc. 2016–28219 Filed 11–22–16; 8:45 am]
391.64(b)): action may have on U.S. vessel builders
BILLING CODE 4910–EX–P
Robert C. Bartleson (WI) or businesses in the U.S. that use U.S.-
Jeffrey H. Blankenhorn (OR) flag vessels. If MARAD determines, in
Melvin J. Bowers (SC) DEPARTMENT OF TRANSPORTATION accordance with 46 U.S.C. 12121 and
Howard A. Cambridge (PA) MARAD’s regulations at 46 CFR part
Donald J. Charette (CT) Maritime Administration 388, that the issuance of the waiver will
Robert C. Davis (PA) have an unduly adverse effect on a U.S.-
[Docket No. MARAD–2016–0119]
Matthew P. Delaney (MA) vessel builder or a business that uses
Scot D. Dragon (CT) Requested Administrative Waiver of U.S.-flag vessels in that business, a
Patrick J. Flynn (IA) the Coastwise Trade Laws: Vessel waiver will not be granted. Comments
Tyson E. Frazier (NH) ROCK TIME; Invitation for Public should refer to the docket number of
Christopher G. Furlong (TN) Comments this notice and the vessel name in order
Austin G. Granby (IL) for MARAD to properly consider the
Charles R. Hurston (LA) AGENCY: Maritime Administration, comments. Comments should also state
James E. Ingles (KY) Department of Transportation. the commenter’s interest in the waiver
Lovie L. Ivory (AL) ACTION: Notice. application, and address the waiver
Rodrigo Jackson (TX) criteria given in § 388.4 of MARAD’s
Keith L. Jaynes (ME) SUMMARY: As authorized by 46 U.S.C.
regulations at 46 CFR part 388.
James J. Jopp (MN) 12121, the Secretary of Transportation,
Evan D. Keese (TN) as represented by the Maritime Privacy Act
Michael J. Kelly (NY) Administration (MARAD), is authorized Anyone is able to search the
Mark A. Lewis (SD) to grant waivers of the U.S.-build electronic form of all comments
Mitchell R. Loge (CO) requirement of the coastwise laws under received into any of our dockets by the
Lloyd I. Lynn (IA) certain circumstances. A request for name of the individual submitting the
Vincent Marino (WV) such a waiver has been received by comment (or signing the comment, if
Pedro Mata, Jr. (MI) MARAD. The vessel, and a brief submitted on behalf of an association,
Dean A. McCoy (IA) description of the proposed service, is business, labor union, etc.). You may
Bruce A. Miller (IA) listed below. review DOT’s complete Privacy Act
William C. Mirabello, III (MD) DATES: Submit comments on or before Statement in the Federal Register
Eric J. O’Neal (MD) December 23, 2016. published on April 11, 2000 (Volume
Eugene E. Patterson, III (TX) ADDRESSES: Comments should refer to 65, Number 70; Pages 19477–78).
Luis A. Santiago (CT) docket number MARAD–2016–0119.
By Order of the Maritime Administrator.
Connor J. Sarmiento (MT) Written comments may be submitted by
Dated: November 10, 2016.
Michael G. Schleining (WA) hand or by mail to the Docket Clerk,
U.S. Department of Transportation, T. Mitchell Hudson, Jr.,
Ryan A. Scopino (ME)
Robert W. Shafer (SD) Docket Operations, M–30, West Secretary, Maritime Administration.
Francisco Simental, Jr. (TX) Building Ground Floor, Room W12–140, [FR Doc. 2016–28213 Filed 11–22–16; 8:45 am]
Ronald C. Snide (NY) 1200 New Jersey Avenue SE., BILLING CODE 4910–81–P
Terry J. Southards (KS) Washington, DC 20590. You may also
Timothy T. Stanton (MN) send comments electronically via the
Eric W. Thomason (KS) Internet at http://www.regulations.gov. DEPARTMENT OF TRANSPORTATION
Grady R. Thompson (OK) All comments will become part of this
docket and will be available for Maritime Administration
Glenn M. Turley (WV)
John V. Wallace (MA) inspection and copying at the above [Docket No. MARAD–2016–0118]
Randy R. Wallace (MO) address between 10 a.m. and 5 p.m.,
Merle L. Weyer (SD) E.T., Monday through Friday, except Requested Administrative Waiver of
Norman D. Zamarche (UT) federal holidays. An electronic version the Coastwise Trade Laws: Vessel
of this document and all documents HO’ONANEA; Invitation for Public
In accordance with 49 U.S.C. 31136(e)
mstockstill on DSK3G9T082PROD with NOTICES
entered into this docket is available on Comments
and 31315 each exemption is valid for
two years unless revoked earlier by the World Wide Web at http:// AGENCY: Maritime Administration,
FMCSA. The exemption will be revoked www.regulations.gov. Department of Transportation.
if the following occurs: (1) The person FOR FURTHER INFORMATION CONTACT: ACTION: Notice.
fails to comply with the terms and Bianca Carr, U.S. Department of
conditions of the exemption; (2) the Transportation, Maritime SUMMARY: The Secretary of
exemption has resulted in a lower level Administration, 1200 New Jersey Transportation, as represented by the
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Document Created: 2016-11-23 05:30:28
Document Modified: 2016-11-23 05:30:28
| 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 8, 2016. The exemptions expire on September 8, 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 84688 |
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