81 FR 96185 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 250 (December 29, 2016)

Page Range		96185-96187
FR Document		2016-31548

FMCSA confirms its decision to exempt 43 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 250 (Thursday, December 29, 2016)

[Federal Register Volume 81, Number 250 (Thursday, December 29, 2016)]
[Notices]
[Pages 96185-96187]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31548]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2016-0222]


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 43 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 22, 2016. The 
exemptions expire on November 22, 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.

[[Page 96186]]

    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., e.t., 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 October 20, 2016, FMCSA published a notice of receipt of Federal 
diabetes exemption applications from 43 individuals and requested 
comments from the public (81 FR 72652. The public comment period closed 
on November 21, 2016, and two comments were received.
    FMCSA has evaluated the eligibility of the 43 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 43 applicants have had ITDM over a range of 1 to 35 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 October 20, 2016, Federal 
Register notice and they will not be repeated in this notice.

III. Discussion of Comments

    FMCSA received two comments in this proceeding. Shantel Barnes 
stated she is in favor of granting Dion A. Harris a diabetes exemption. 
Charlies Jones stated he is in favor of granting William D. Lusk a 
diabetes exemption.

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 43 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):

Christopher Albano (PA)
Gregory A. Behm (NE)
Helena R. Berry (GA)
Kenneth W. Blizzard (NJ)
Larry A. Brabson, Jr. (OH)
Jeffrey Campbell (IN)
Gregory A. Carroll (MD)
Kent H. Carter (IN)
Archie Chischilly (AZ)
Loren Curtis (MO)
Scott E. Ennis (NY)
Jackson E. Graham, Jr. (NJ)
Patrick E. Gratts (TX)
Alex J. Gravunder (WI)
Dion A. Harris (OK)
Henry C. Hinton III (IN)
Harry L. Hiser III (WV)
George E. Huften (CT)
Patrick L. Jackson (GA)
Antonio J. Katzdorn (ID)
Terry J. Koontz (IL)
Richard H. LaDue (NY)
William D. Lusk (NC)
Clavenda L. Mason (MD)
Kenneth E. McCain (IL)
Glenn J. Michalek (IL)
Christopher M. Minor (OH)
William J. Navickas (PA)
Troi A. Palmer (MD)
Corey M. Planck (MO)
Ronald J. Pomella, Jr. (FL)
Ivan A. Pruss (NJ)
John M. Rawlinson (IN)

[[Page 96187]]

Darryl L. Reasby (WI)
Michael A. Roosa (MA)
Gary W. Seal (TN)
Garey W. Smith (TN)
John E. Steltz (MN)
James E. Vaughan, Jr. (TN)
Robert W. Wagner II (OH)
Todd A. Waller (MO)
Kevin A. Warren (OH)
Kevin L. Wendt (WY)

    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: December 15, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-31548 Filed 12-28-16; 8:45 am]
 BILLING CODE 4910-EX-P

96186 Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Notices

Docket: For access to the docket to the current protocol for allowing such each individual submit a quarterly
read background documents or drivers to operate CMVs in interstate monitoring checklist completed by the
comments, go to http:// commerce. treating endocrinologist as well as an
www.regulations.gov and/or Room These 43 applicants have had ITDM annual checklist with a comprehensive
W12–140 on the ground level of the over a range of 1 to 35 years. These medical evaluation; (2) that each
West Building, 1200 New Jersey Avenue applicants report no severe individual reports within 2 business
SE., Washington, DC, between 9 a.m. hypoglycemic reactions resulting in loss days of occurrence, all episodes of
and 5 p.m., e.t., Monday through Friday, of consciousness or seizure, requiring severe hypoglycemia, significant
except Federal holidays. the assistance of another person, or complications, or inability to manage
Privacy Act: In accordance with 5 resulting in impaired cognitive function diabetes; also, any involvement in an
U.S.C. 553(c), DOT solicits comments that occurred without warning accident or any other adverse event in
from the public to better inform its symptoms, in the past 12 months and no a CMV or personal vehicle, whether or
rulemaking process. DOT posts these recurrent (2 or more) severe not it is related to an episode of
comments, without edit, including any hypoglycemic episodes in the past 5 hypoglycemia; (3) that each individual
personal information the commenter years. In each case, an endocrinologist provide a copy of the ophthalmologist’s
provides, to www.regulations.gov, as verified that the driver has or optometrist’s report to the medical
described in the system of records demonstrated a willingness to properly examiner at the time of the annual
notice (DOT/ALL–14 FDMS), which can monitor and manage his/her diabetes medical examination; and (4) that each
be reviewed at www.dot.gov/privacy. mellitus, received education related to individual provide a copy of the annual
II. Background diabetes management, and is on a stable medical certification to the employer for
insulin regimen. These drivers report no retention in the driver’s qualification
On October 20, 2016, FMCSA other disqualifying conditions, file, or keep a copy in his/her driver’s
published a notice of receipt of Federal including diabetes-related qualification file if he/she is self-
diabetes exemption applications from complications. Each meets the vision employed. The driver must also have a
43 individuals and requested comments requirement at 49 CFR 391.41(b)(10). copy of the certification when driving,
from the public (81 FR 72652. The The qualifications and medical for presentation to a duly authorized
public comment period closed on condition of each applicant were stated Federal, State, or local enforcement
November 21, 2016, and two comments and discussed in detail in the October official.
were received. 20, 2016, Federal Register notice and
FMCSA has evaluated the eligibility they will not be repeated in this notice. VI. Conclusion
of the 43 applicants and determined that Based upon its evaluation of the 43
granting the exemptions to these III. Discussion of Comments
exemption applications, FMCSA
individuals would achieve a level of FMCSA received two comments in exempts the following drivers from the
safety equivalent to or greater than the this proceeding. Shantel Barnes stated diabetes requirement in 49 CFR
level that would be achieved by she is in favor of granting Dion A. Harris 391.41(b)(3), subject to the requirements
complying with the current regulation a diabetes exemption. Charlies Jones cited above 49 CFR 391.64(b):
49 CFR 391.41(b)(3). stated he is in favor of granting William Christopher Albano (PA)
Diabetes Mellitus and Driving D. Lusk a diabetes exemption. Gregory A. Behm (NE)
Experience of the Applicants IV. Basis for Exemption Determination Helena R. Berry (GA)
The Agency established the current Kenneth W. Blizzard (NJ)
Under 49 U.S.C. 31136(e) and 31315, Larry A. Brabson, Jr. (OH)
requirement for diabetes in 1970 FMCSA may grant an exemption from
because several risk studies indicated Jeffrey Campbell (IN)
the diabetes requirement in 49 CFR Gregory A. Carroll (MD)
that drivers with diabetes had a higher 391.41(b)(3) if the exemption is likely to Kent H. Carter (IN)
rate of crash involvement than the achieve an equivalent or greater level of Archie Chischilly (AZ)
general population. The diabetes rule safety than would be achieved without Loren Curtis (MO)
provides that ‘‘A person is physically the exemption. The exemption allows Scott E. Ennis (NY)
qualified to drive a commercial motor the applicants to operate CMVs in Jackson E. Graham, Jr. (NJ)
vehicle if that person has no established interstate commerce. Patrick E. Gratts (TX)
medical history or clinical diagnosis of To evaluate the effect of these Alex J. Gravunder (WI)
diabetes mellitus currently requiring exemptions on safety, FMCSA Dion A. Harris (OK)
insulin for control’’ (49 CFR considered medical reports about the Henry C. Hinton III (IN)
391.41(b)(3)). applicants’ ITDM and vision, and Harry L. Hiser III (WV)
FMCSA established its diabetes reviewed the treating endocrinologists’ George E. Huften (CT)
exemption program, based on the medical opinion related to the ability of Patrick L. Jackson (GA)
Agency’s July 2000 study entitled ‘‘A the driver to safely operate a CMV while Antonio J. Katzdorn (ID)
Report to Congress on the Feasibility of using insulin. Terry J. Koontz (IL)
a Program to Qualify Individuals with Consequently, FMCSA finds that in Richard H. LaDue (NY)
Insulin-Treated Diabetes Mellitus to each case exempting these applicants William D. Lusk (NC)
Operate in Interstate Commerce as from the diabetes requirement in 49 CFR Clavenda L. Mason (MD)
Directed by the Transportation Act for
asabaliauskas on DSK3SPTVN1PROD with NOTICES

391.41(b)(3) is likely to achieve a level Kenneth E. McCain (IL)
the 21st Century.’’ The report concluded of safety equal to that existing without Glenn J. Michalek (IL)
that a safe and practicable protocol to the exemption. Christopher M. Minor (OH)
allow some drivers with ITDM to William J. Navickas (PA)
operate CMVs is feasible. The V. Conditions and Requirements Troi A. Palmer (MD)
September 3, 2003 (68 FR 52441), The terms and conditions of the Corey M. Planck (MO)
Federal Register notice in conjunction exemption will be provided to the Ronald J. Pomella, Jr. (FL)
with the November 8, 2005 (70 FR applicants in the exemption document Ivan A. Pruss (NJ)
67777), Federal Register notice provides and they include the following: (1) that John M. Rawlinson (IN)

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Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Notices 96187

Darryl L. Reasby (WI) Department of Transportation, 1200 I. Background
Michael A. Roosa (MA) New Jersey Avenue SE., Room W64– Under 49 U.S.C. 31136(e) and 31315,
Gary W. Seal (TN) 224, Washington, DC 20590–0001. FMCSA may grant an exemption for two
Garey W. Smith (TN) Office hours are from 8:30 a.m. to 5 years if it finds ‘‘such exemption would
John E. Steltz (MN) p.m., e.t., Monday through Friday, likely achieve a level of safety that is
James E. Vaughan, Jr. (TN) except Federal holidays. If you have equivalent to or greater than the level
Robert W. Wagner II (OH) questions regarding viewing or that would be achieved absent such
Todd A. Waller (MO) submitting material to the docket, exemption.’’ The statute also allows the
Kevin A. Warren (OH) contact Docket Services, telephone (202) Agency to renew exemptions at the end
Kevin L. Wendt (WY) 366–9826. of the two-year period.
In accordance with 49 U.S.C. 31136(e) ADDRESSES: You may submit comments The physical qualification standard
and 31315 each exemption is valid for bearing the Federal Docket Management for drivers regarding hearing found in
two years unless revoked earlier by System (FDMS) Docket No. FMCSA– 49 CFR 391.41(b)(11) states that a
FMCSA. The exemption will be revoked 2014–0102] using any of the following person is physically qualified to drive a
if the following occurs: (1) The person methods: CMV if that person:
fails to comply with the terms and • Federal eRulemaking Portal: Go to First perceives a forced whispered voice in
conditions of the exemption; (2) http://www.regulations.gov. Follow the the better ear at not less than 5 feet with or
the exemption has resulted in a lower online instructions for submitting without the use of a hearing aid or, if tested
level of safety than was maintained comments. by use of an audiometric device, does not
before it was granted; or (3) • Mail: Docket Management Facility; have an average hearing loss in the better ear
continuation of the exemption would U.S. Department of Transportation, 1200 greater than 40 decibels at 500 Hz, 1,000 Hz,
not be consistent with the goals and and 2,000 Hz with or without a hearing aid
New Jersey Avenue SE., West Building when the audiometric device is calibrated to
objectives of 49 U.S.C. 31136(e) and Ground Floor, Room W12–140,
31315. If the exemption is still effective American National Standard (formerly ASA
Washington, DC 20590–0001. Standard) Z24.5–1951.
at the end of the 2-year period, the • Hand Delivery: West Building
person may apply to FMCSA for a 49 CFR 391.41(b)(11) was adopted in
Ground Floor, Room W12–140, 1200
renewal under procedures in effect at 1970, with a revision in 1971 to allow
New Jersey Avenue SE., Washington,
that time. drivers to be qualified under this
DC, between 9 a.m. and 5 p.m. e.t.,
standard while wearing a hearing aid,
Issued on: December 15, 2016. Monday through Friday, except Federal
35 FR 6458, 6463 (April 22, 1970) and
Larry W. Minor, Holidays.
36 FR 12857 (July 3, 1971).
Associate Administrator for Policy. • Fax: 1–202–493–2251. The individual listed in this notice
[FR Doc. 2016–31548 Filed 12–28–16; 8:45 am] Instructions: Each submission must has requested a renewal of his
BILLING CODE 4910–EX–P
include the Agency name and the exemption from the hearing standard in
docket number(s) for this notice. Note 49 CFR 391.41(b)(11), in accordance
that all comments received will be with FMCSA procedures. Accordingly,
DEPARTMENT OF TRANSPORTATION posted without change to http:// FMCSA has evaluated this application
www.regulations.gov, including any for renewal on its merits and decided to
Federal Motor Carrier Safety personal information provided. Please extend each exemption for a renewable
Administration see the Privacy Act heading below for two-year period.
[Docket No. FMCSA–2014–0102]
further information.
Docket: For access to the docket to II. Request for Comments
Qualification of Drivers; Exemption read background documents or Interested parties or organizations
Applications; Hearing comments, go to http:// possessing information that would
www.regulations.gov at any time or otherwise show that any, or all, of these
AGENCY: Federal Motor Carrier Safety Room W12–140 on the ground level of drivers are not currently achieving the
Administration (FMCSA), DOT. the West Building, 1200 New Jersey statutory level of safety should
ACTION: Notice of renewal of Avenue SE., Washington, DC, between 9 immediately notify FMCSA. The
exemptions; request for comments. a.m. and 5 p.m., Monday through Agency will evaluate any adverse
Friday, except Federal holidays. The evidence submitted and, if safety is
SUMMARY: FMCSA announces its FDMS is available 24 hours each day, being compromised or if continuation of
decision to renew the exemption for one 365 days each year. If you want the exemption would not be consistent
individual from the hearing requirement acknowledgment that we received your with the goals and objectives of 49
in the Federal Motor Carrier Safety comments, please include a self- U.S.C. 31136(e) and 31315, FMCSA will
Regulations (FMCSRs) for interstate addressed, stamped envelope or take immediate steps to revoke the
commercial motor vehicle (CMV) postcard or print the acknowledgement exemption of a driver.
drivers. The exemption enables hard of page that appears after submitting
hearing and deaf individuals to comments online. III. Basis for Renewing Exemptions
continue to operate CMVs in interstate Privacy Act: In accordance with 5 Under 49 U.S.C. 31315(b)(1), an
commerce. U.S.C. 553(c), DOT solicits comments exemption may be granted for no longer
DATES: The renewed exemption was from the public to better inform its than two years from its approval date
asabaliauskas on DSK3SPTVN1PROD with NOTICES

effective on May 21, 2016. The renewed rulemaking process. DOT posts these and may be renewed upon application.
exemption will expire on May 21, 2018. comments, without edit, including any In accordance with 49 U.S.C. 31136(e)
Comments must be received on or personal information the commenter and 31315, this applicant has satisfied
before January 30, 2017. provides, to http://www.regulations.gov, the renewal conditions for obtaining an
FOR FURTHER INFORMATION CONTACT: Ms. as described in the system of records exemption from the hearing requirement
Christine A. Hydock, Chief, Medical notice (DOT/ALL–14 FDMS), which can (80 FR 22768). In addition, for
Programs Division, 202–366–4001, be reviewed at http://www.dot.gov/ Commercial Driver’s License (CDL)
fmcsamedical@dot.gov, FMCSA, privacy. holders, the Commercial Driver’s

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Document Created: 2016-12-29 01:58:39
Document Modified: 2016-12-29 01:58:39

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 22, 2016. The exemptions expire on November 22, 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 96185

81 FR 96185 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 81, Issue 250 (December 29, 2016)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration