81 FR 96188 - 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		96188-96189
FR Document		2016-31549

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.

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

[Federal Register Volume 81, Number 250 (Thursday, December 29, 2016)]
[Notices]
[Pages 96188-96189]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31549]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-[2016-0223]


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 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 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.
    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 46 individuals and requested 
comments from the public (81 FR 72644. The public comment period closed 
on November 21, 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 40 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

[[Page 96189]]

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 no comments in this proceeding.

IV. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
from the diabetes requirement in 49 CFR 391.41(b)(3) if the exemption 
is likely to achieve an equivalent or greater level of safety than 
would be achieved without the exemption. The exemption allows the 
applicants to operate CMVs in interstate commerce.
    To evaluate the effect of these exemptions on safety, FMCSA 
considered medical reports about the applicants' ITDM and vision, and 
reviewed the treating endocrinologists' medical opinion related to the 
ability of the driver to safely operate a CMV while using insulin.
    Consequently, FMCSA finds that in each case exempting these 
applicants from the diabetes requirement in 49 CFR 391.41(b)(3) is 
likely to achieve a level of safety equal to that existing without the 
exemption.

V. Conditions and Requirements

    The terms and conditions of the exemption will be provided to the 
applicants in the exemption document and they include the following: 
(1) That each individual submit a quarterly monitoring checklist 
completed by the treating endocrinologist as well as an annual 
checklist with a comprehensive medical evaluation; (2) that each 
individual reports within 2 business days of occurrence, all episodes 
of severe hypoglycemia, significant complications, or inability to 
manage diabetes; also, any involvement in an accident or any other 
adverse event in a CMV or personal vehicle, whether or not it is 
related to an episode of hypoglycemia; (3) that each individual provide 
a copy of the ophthalmologist's or optometrist's report to the medical 
examiner at the time of the annual medical examination; and (4) that 
each individual provide a copy of the annual medical certification to 
the employer for retention in the driver's qualification file, or keep 
a copy in his/her driver's qualification file if he/she is self-
employed. The driver must also have a copy of the certification when 
driving, for presentation to a duly authorized Federal, State, or local 
enforcement official.

VI. Conclusion

    Based upon its evaluation of the 46 exemption applications, FMCSA 
exempts the following drivers from the diabetes requirement in 49 CFR 
391.41(b)(3), subject to the requirements cited above 49 CFR 391.64(b):

Colter E. Allen (MT)
Bert F. Asa (CO)
Brandon D. Baird (TN)
Glenn C. Blank (PA)
Michael H. Blosser (WA)
Francis A. Boadu (MA)
John K. Brown (KY)
Timothy L. Dahlberg (WI)
Randy S. Dorn (WI)
Troy E. Dreisbach (PA)
Janice K. Epperson (MO)
Chase L. Fugere (ND)
Richard A. Geiger (IL)
Kenneth B. Golden, Jr. (NY)
Todd K. Grama (NY)
Rick L. Hendrickson (ND)
Glenn E. Hoffman (FL)
Jeffrey S. Horvath (OH)
Herbert S. Johnson, II (IA)
Randall L. Johnson (GA)
Gary D. Jones (IA)
Charles C. Kennedy (UT)
John A. Larson (MN)
Jose A. Lucero (AZ)
Gerry A. Lutz (IA)
Gary P. Marquez (CA)
George F. McCrory (MO)
Richard R. McDonald (NY)
William P. McLemore, Jr. (IL)
Jason M. Moch (ND)
George K. Namauu, Jr. (HI)
Ashby J. Nuckols (VA)
Encarnacion Oranday, Jr. (TX)
Jonathan P. Preissler (MA)
Charles R. Quilty (IL)
Joseph M. Rowe (MO)
Donald G. Runyon (IN)
John B. Simpson (NH)
Ronnie J. Smith (NC)
Troy Smith (OH)
Mitchell A. Thomas (MN)
James M. Vavao (CA)
Steven A. Vilardo (KY)
Joseph H. Wamsley (WV)
Richelle Y. Wyatt (PA)
Roy O. 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: December 15, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-31549 Filed 12-28-16; 8:45 am]
 BILLING CODE 4910-EX-P

96188 Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Notices

License Information System (CDLIS) the exemption of the aforementioned personal information the commenter
and the Motor Carrier Management driver from the hearing requirement in provides, to www.regulations.gov, as
Information System (MCMIS) are 49 CFR 391.41(b)(11). In accordance described in the system of records
searched for crash and violation data. with 49 U.S.C. 31136(e) and 31315, the notice (DOT/ALL–14 FDMS), which can
For non-CDL holders, the Agency exemption will be valid for two years be reviewed at www.dot.gov/privacy.
reviews the driving records from the unless revoked earlier by FMCSA. II. Background
State Driver’s Licensing Agency (SDLA). Issued on: December 21, 2016.
These factors provide an adequate basis On October 20, 2016, FMCSA
Larry W. Minor, published a notice of receipt of Federal
for predicting each driver’s ability to
Associate Administrator for Policy. diabetes exemption applications from
continue to safely operate a CMV in
interstate commerce. [FR Doc. 2016–31553 Filed 12–28–16; 8:45 am] 46 individuals and requested comments
The driver in this notice remains in BILLING CODE 4910–EX–P from the public (81 FR 72644. The
good standing with the Agency and has public comment period closed on
not exhibited any medical issues that November 21, 2016, and no comments
would compromise his ability to safely DEPARTMENT OF TRANSPORTATION were received.
operate a CMV during the previous two- FMCSA has evaluated the eligibility
year exemption period. FMCSA has Federal Motor Carrier Safety of the 46 applicants and determined that
concluded that renewing the exemption Administration granting the exemptions to these
for this applicant is likely to achieve a [FMCSA Docket No. FMCSA-[2016–0223] individuals would achieve a level of
level of safety equal to that existing safety equivalent to or greater than the
without the exemption. Therefore, Qualification of Drivers; Exemption level that would be achieved by
FMCSA has decided to renew each Applications; Diabetes Mellitus complying with the current regulation
exemption in accordance with 49 U.S.C. 49 CFR 391.41(b)(3).
AGENCY: Federal Motor Carrier Safety
31136(e) and 31315 for a two-year Administration (FMCSA), DOT. Diabetes Mellitus and Driving
period. Experience of the Applicants
As of May 21, 2016, Timothy ACTION: Notice of final disposition.
Gallagher (PA) has satisfied the renewal The Agency established the current
SUMMARY: FMCSA confirms its decision requirement for diabetes in 1970
conditions for obtaining an exemption to exempt 46 individuals from its rule
from the hearing requirement in 49 CFR because several risk studies indicated
prohibiting persons with insulin-treated that drivers with diabetes had a higher
391.41(b)(11), from driving CMVs in diabetes mellitus (ITDM) from operating
interstate commerce. This driver was rate of crash involvement than the
commercial motor vehicles (CMVs) in general population. The diabetes rule
included in FMCSA–2014–0102. This interstate commerce. The exemptions
exemption was effective on May 21, provides that ‘‘A person is physically
enable these individuals to operate qualified to drive a commercial motor
2016, and will expire on May 21, 2018. CMVs in interstate commerce. vehicle if that person has no established
IV. Conditions and Requirements DATES: The exemptions were effective medical history or clinical diagnosis of
The exemptions are extended subject on November 22, 2016. The exemptions diabetes mellitus currently requiring
to the following conditions: (1) Each expire on November 22, 2018. insulin for control’’ (49 CFR
driver must report any crashes or FOR FURTHER INFORMATION CONTACT: Ms. 391.41(b)(3)).
accidents as defined in 49 CFR 390.5; Christine A. Hydock, Chief, Medical FMCSA established its diabetes
and (2) report all citations and Programs Division, (202) 366–4001, exemption program, based on the
convictions for disqualifying offenses fmcsamedical@dot.gov, FMCSA, Agency’s July 2000 study entitled ‘‘A
under 49 CFR part 383 and 49 CFR 391 Department of Transportation, 1200 Report to Congress on the Feasibility of
to FMCSA. In addition, the driver must New Jersey Avenue SE., Room W64– a Program to Qualify Individuals with
also have a copy of the exemption when 113, Washington, DC 20590–0001. Insulin-Treated Diabetes Mellitus to
driving, for presentation to a duly Office hours are from 8:30 a.m. to 5 p.m. Operate in Interstate Commerce as
authorized Federal, State, or local e.t., Monday through Friday, except Directed by the Transportation Act for
enforcement official. The driver is Federal holidays. the 21st Century.’’ The report concluded
prohibited from operating a motorcoach SUPPLEMENTARY INFORMATION: that a safe and practicable protocol to
or bus with passengers in interstate allow some drivers with ITDM to
I. Electronic Access operate CMVs is feasible. The
commerce. The exemption does not
exempt the individual from meeting the You may see all the comments online September 3, 2003 (68 FR 52441),
applicable CDL testing requirements. through the Federal Document Federal Register notice in conjunction
Each exemption will be valid for two Management System (FDMS) at: http:// with the November 8, 2005 (70 FR
years unless rescinded earlier by www.regulations.gov. 67777), Federal Register notice provides
FMCSA. The exemption will be Docket: For access to the docket to the current protocol for allowing such
rescinded if: (1) The person fails to read background documents or drivers to operate CMVs in interstate
comply with the terms and conditions comments, go to http:// commerce.
of the exemption; (2) the exemption has www.regulations.gov and/or Room These 46 applicants have had ITDM
resulted in a lower level of safety than W12–140 on the ground level of the over a range of 1 to 40 years. These
West Building, 1200 New Jersey Avenue applicants report no severe
asabaliauskas on DSK3SPTVN1PROD with NOTICES

was maintained before it was granted; or
(3) continuation of the exemption would SE., Washington, DC, between 9 a.m. hypoglycemic reactions resulting in loss
not be consistent with the goals and and 5 p.m., e.t., Monday through Friday, of consciousness or seizure, requiring
objectives of 49 U.S.C. 31136(e) and except Federal holidays. the assistance of another person, or
31315. Privacy Act: In accordance with 5 resulting in impaired cognitive function
U.S.C. 553(c), DOT solicits comments that occurred without warning
IV. Conclusion from the public to better inform its symptoms, in the past 12 months and no
Based upon its evaluation of this rulemaking process. DOT posts these recurrent (2 or more) severe
exemption application, FMCSA renews comments, without edit, including any hypoglycemic episodes in the past 5

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Document Created: 2016-12-29 01:58:14
Document Modified: 2016-12-29 01:58:14

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 96188

81 FR 96188 - 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