82 FR 12880 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 82, Issue 43 (March 7, 2017)
Federal Motor Carrier Safety Administration
Federal Register Volume 82, Issue 43 (March 7, 2017)
| Page Range | 12880-12881 | |
| FR Document | 2017-04391 |
[Federal Register Volume 82, Number 43 (Tuesday, March 7, 2017)] [Notices] [Pages 12880-12881] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-04391] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA-[2016-0379] 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 December 28, 2016. The exemptions expire on December 28, 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 November 25, 2016, FMCSA published a notice of receipt of Federal diabetes exemption applications from 39 individuals and requested comments from the public (81 FR 85312). The public comment period closed on December 27, 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 39 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 [[Page 12881]] 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 November 25, 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): Mitchell G. Aucoin (NH) Nelson T. Barninger (PA) Thomas J. Bonura (TX) Todd M. Boughter (PA) Bradley J. Brown (OH) Alex Caterson (PA) Kimberly J. Davis (CT) Earl C. Duke, 2nd (VA) David A. Evans (PA) Robert H. Haines (PA) Anthony L. Hamilton (TX) Jeremy E. Hartig (WI) Donovan K. Helton (VA) Thomas M. Howie, 3rd (AR) Gary A. Kestner (WV) Ricky W. Knudsen (MN) Brandon S. Koehn (KS) Victor R. Lanza-Contreras (MD) Oscar A. Lazo (ID) Stephen B. Macisaac (NY) Corey M. McCormack (CA) William D. Meier (KY) Melvin W. Miller (MI) Lyman D. Myron (AZ) Anthony H. Patrick (KY) Danny L. Peterson (WI) Eugene P. Roever (AR) William P. Rossi (TX) Jim W. Royer (MN) Robert L. Rich, Jr. (MN) George H. Saenz (OR) David E. Schoch, Jr. (NJ) Bobbie G. Sharp, Sr. (MO) George A. Skelton (PA) Joshua D. Taylor (MO) Daniel G. Van Listenborgh (WY) Clyde L. Weaver (NC) Jason A. Weiss (IL) John R. Wilson (GA) 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: February 27, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017-04391 Filed 3-6-17; 8:45 am] BILLING CODE 4910-EX-P
![12880 Federal Register / Vol. 82, No. 43 / Tuesday, March 7, 2017 / Notices
IMO Headquarters, United Kingdom, IMO public meetings may be found at: notice (DOT/ALL–14 FDMS), which can
April 4–7, 2017. www.uscg.mil/imo. be reviewed at www.dot.gov/privacy.
The agenda items to be considered Jonathan W. Burby, II. Background
include:
Coast Guard Liaison Officer, Office of Ocean On November 25, 2016, FMCSA
—Decisions of other IMO bodies and Polar Affairs, Department of State. published a notice of receipt of Federal
—Consideration and adoption of [FR Doc. 2017–04422 Filed 3–6–17; 8:45 am] diabetes exemption applications from
proposed amendments to the BILLING CODE 4710–09–P 39 individuals and requested comments
Convention from the public (81 FR 85312). The
—Review and update the Explanatory public comment period closed on
Manual to the FAL Convention DEPARTMENT OF TRANSPORTATION December 27, 2016, and no comments
—Application of single-window concept were received.
—Measures to protect the safety of Federal Motor Carrier Safety FMCSA has evaluated the eligibility
persons rescued at sea Administration of the 39 applicants and determined that
—Unsafe mixed migration by sea granting the exemptions to these
[FMCSA Docket No. FMCSA–[2016–0379] individuals would achieve a level of
—Consideration and analysis of reports safety equivalent to or greater than the
and information on persons rescued at Qualification of Drivers; Exemption level that would be achieved by
sea and stowaways Applications; Diabetes Mellitus complying with the current regulation
—Guidelines on the facilitation aspects 49 CFR 391.41(b)(3).
AGENCY: Federal Motor Carrier Safety
of protecting the maritime transport
Administration (FMCSA), DOT. Diabetes Mellitus and Driving
network from cyberthreats
ACTION: Notice of final disposition. Experience of the Applicants
—Technical cooperation activities
related to facilitation of maritime SUMMARY: FMCSA confirms its decision The Agency established the current
traffic to exempt 39 individuals from its rule requirement for diabetes in 1970
—Relations with other organizations prohibiting persons with insulin-treated because several risk studies indicated
—Application of the Committee’s diabetes mellitus (ITDM) from operating that drivers with diabetes had a higher
procedures on organization and commercial motor vehicles (CMVs) in rate of crash involvement than the
method of work interstate commerce. The exemptions general population. The diabetes rule
—Work programme enable these individuals to operate provides that ‘‘A person is physically
CMVs in interstate commerce. qualified to drive a commercial motor
—Any other business
vehicle if that person has no established
Members of the public may attend DATES: The exemptions were effective
medical history or clinical diagnosis of
this meeting up to the seating capacity on December 28, 2016. The exemptions
diabetes mellitus currently requiring
of the room. Upon request to the expire on December 28, 2018.
insulin for control’’ (49 CFR
meeting coordinator, members of the FOR FURTHER INFORMATION CONTACT: Ms. 391.41(b)(3)).
public may also participate via Christine A. Hydock, Chief, Medical FMCSA established its diabetes
teleconference, up to the capacity of the Programs Division, (202) 366–4001, exemption program, based on the
teleconference phone line. To access the fmcsamedical@dot.gov, FMCSA, Agency’s July 2000 study entitled ‘‘A
teleconference line, participants should Department of Transportation, 1200 Report to Congress on the Feasibility of
call (202) 475–4000 and use Participant New Jersey Avenue SE., Room W64– a Program to Qualify Individuals with
Code: 887 809 72. To facilitate the 113, Washington, DC 20590–0001. Insulin-Treated Diabetes Mellitus to
building security process, and to request Office hours are from 8:30 a.m. to 5 p.m. Operate in Interstate Commerce as
reasonable accommodation, those who e.t., Monday through Friday, except Directed by the Transportation Act for
plan to attend should contact the Federal holidays. the 21st Century.’’ The report concluded
meeting coordinator, Mr. James Bull, by SUPPLEMENTARY INFORMATION: that a safe and practicable protocol to
email at James.T.Bull@uscg.mil, by allow some drivers with ITDM to
phone at (202) 372–1144, or in writing I. Electronic Access
operate CMVs is feasible. The
at 2703 Martin Luther King Jr. Ave SE., You may see all the comments online September 3, 2003 (68 FR 52441),
Stop 7509, Washington, DC 20593–7509 through the Federal Document Federal Register notice in conjunction
not later than March 15, 2017. Requests Management System (FDMS) at: http:// with the November 8, 2005 (70 FR
made after March 15, 2017 might not be www.regulations.gov. 67777), Federal Register notice provides
able to be accommodated. The ABS Docket: For access to the docket to the current protocol for allowing such
Consulting office is accessible by taxi, read background documents or drivers to operate CMVs in interstate
public transportation, and privately comments, go to http:// commerce.
owned conveyance if parking is www.regulations.gov and/or Room These 39 applicants have had ITDM
arranged in advance with the meeting W12–140 on the ground level of the over a range of 1 to 39 years. These
coordinator. In the case of inclement West Building, 1200 New Jersey Avenue applicants report no severe
weather where the Federal Government SE., Washington, DC, between 9 a.m. hypoglycemic reactions resulting in loss
is closed or delayed, a public meeting and 5 p.m., Monday through Friday, of consciousness or seizure, requiring
may be conducted virtually. The except Federal holidays. the assistance of another person, or
meeting coordinator will confirm Privacy Act: In accordance with 5 resulting in impaired cognitive function
sradovich on DSK3GMQ082PROD with NOTICES
whether the virtual public meeting will U.S.C. 553(c), DOT solicits comments that occurred without warning
be utilized at: www.uscg.mil/imo. from the public to better inform its symptoms, in the past 12 months and no
Members of the public can find out rulemaking process. DOT posts these recurrent (2 or more) severe
whether the Federal Government is comments, without edit, including any hypoglycemic episodes in the past 5
delayed or closed by visiting personal information the commenter years. In each case, an endocrinologist
www.opm.gov/status/. Additional provides, to www.regulations.gov, as verified that the driver has
information regarding this and other described in the system of records demonstrated a willingness to properly
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![Federal Register / Vol. 82, No. 43 / Tuesday, March 7, 2017 / Notices 12881
monitor and manage his/her diabetes file, or keep a copy in his/her driver’s period, the person may apply to FMCSA
mellitus, received education related to qualification file if he/she is self- for a renewal under procedures in effect
diabetes management, and is on a stable employed. The driver must also have a at that time.
insulin regimen. These drivers report no copy of the certification when driving, Issued on: February 27, 2017.
other disqualifying conditions, for presentation to a duly authorized Larry W. Minor,
including diabetes-related Federal, State, or local enforcement
Associate Administrator for Policy.
complications. Each meets the vision official.
[FR Doc. 2017–04391 Filed 3–6–17; 8:45 am]
requirement at 49 CFR 391.41(b)(10).
The qualifications and medical VI. Conclusion BILLING CODE 4910–EX–P
condition of each applicant were stated Based upon its evaluation of the 39
and discussed in detail in the November exemption applications, FMCSA
25, 2016, Federal Register notice and exempts the following drivers from the DEPARTMENT OF TRANSPORTATION
they will not be repeated in this notice. diabetes requirement in 49 CFR Federal Motor Carrier Safety
391.41(b)(3), subject to the requirements Administration
III. Discussion of Comments
cited above 49 CFR 391.64(b):
FMCSA received no comments in this Mitchell G. Aucoin (NH) [Docket No. FMCSA–2016–0385]
proceeding. Nelson T. Barninger (PA)
Qualification of Drivers; Exemption
IV. Basis for Exemption Determination Thomas J. Bonura (TX)
Applications; Diabetes Mellitus
Todd M. Boughter (PA)
Under 49 U.S.C. 31136(e) and 31315,
Bradley J. Brown (OH) AGENCY: Federal Motor Carrier Safety
FMCSA may grant an exemption from
Alex Caterson (PA) Administration (FMCSA), DOT.
the diabetes requirement in 49 CFR
Kimberly J. Davis (CT) ACTION: Notice of applications for
391.41(b)(3) if the exemption is likely to
Earl C. Duke, 2nd (VA) exemptions; request for comments.
achieve an equivalent or greater level of
David A. Evans (PA)
safety than would be achieved without SUMMARY: FMCSA announces receipt of
Robert H. Haines (PA)
the exemption. The exemption allows applications from 28 individuals for
Anthony L. Hamilton (TX)
the applicants to operate CMVs in exemption from the prohibition against
Jeremy E. Hartig (WI)
interstate commerce. persons with insulin-treated diabetes
Donovan K. Helton (VA)
To evaluate the effect of these
Thomas M. Howie, 3rd (AR) mellitus (ITDM) operating commercial
exemptions on safety, FMCSA
Gary A. Kestner (WV) motor vehicles (CMVs) in interstate
considered medical reports about the
Ricky W. Knudsen (MN) commerce. If granted, the exemptions
applicants’ ITDM and vision, and
Brandon S. Koehn (KS) would enable these individuals with
reviewed the treating endocrinologists’
Victor R. Lanza-Contreras (MD) ITDM to operate CMVs in interstate
medical opinion related to the ability of
Oscar A. Lazo (ID) commerce.
the driver to safely operate a CMV while
Stephen B. Macisaac (NY) DATES: Comments must be received on
using insulin.
Consequently, FMCSA finds that in Corey M. McCormack (CA) or before April 6, 2017.
each case exempting these applicants William D. Meier (KY)
ADDRESSES: You may submit comments
from the diabetes requirement in 49 CFR Melvin W. Miller (MI)
bearing the Federal Docket Management
391.41(b)(3) is likely to achieve a level Lyman D. Myron (AZ)
System (FDMS) Docket No. FMCSA–
of safety equal to that existing without Anthony H. Patrick (KY)
2016–0385 using any of the following
the exemption. Danny L. Peterson (WI)
methods:
Eugene P. Roever (AR) • Federal eRulemaking Portal: Go to
V. Conditions and Requirements William P. Rossi (TX) http://www.regulations.gov. Follow the
The terms and conditions of the Jim W. Royer (MN) on-line instructions for submitting
exemption will be provided to the Robert L. Rich, Jr. (MN) comments.
applicants in the exemption document George H. Saenz (OR) • Mail: Docket Management Facility;
and they include the following: (1) That David E. Schoch, Jr. (NJ) U.S. Department of Transportation, 1200
each individual submit a quarterly Bobbie G. Sharp, Sr. (MO) New Jersey Avenue SE., West Building
monitoring checklist completed by the George A. Skelton (PA) Ground Floor, Room W12–140,
treating endocrinologist as well as an Joshua D. Taylor (MO) Washington, DC 20590–0001.
annual checklist with a comprehensive Daniel G. Van Listenborgh (WY) • Hand Delivery: West Building
medical evaluation; (2) that each Clyde L. Weaver (NC) Ground Floor, Room W12–140, 1200
individual reports within 2 business Jason A. Weiss (IL) New Jersey Avenue SE., Washington,
days of occurrence, all episodes of John R. Wilson (GA) DC, between 9 a.m. and 5 p.m., e.t.,
severe hypoglycemia, significant In accordance with 49 U.S.C. 31136(e) Monday through Friday, except Federal
complications, or inability to manage and 31315 each exemption is valid for Holidays.
diabetes; also, any involvement in an two years unless revoked earlier by • Fax: 1–202–493–2251.
accident or any other adverse event in FMCSA. The exemption will be revoked Instructions: Each submission must
a CMV or personal vehicle, whether or if the following occurs: (1) The person include the Agency name and the
not it is related to an episode of fails to comply with the terms and docket numbers for this notice. Note
hypoglycemia; (3) that each individual conditions of the exemption; (2) the
sradovich on DSK3GMQ082PROD with NOTICES
that all comments received will be
provide a copy of the ophthalmologist’s exemption has resulted in a lower level posted without change to http://
or optometrist’s report to the medical of safety than was maintained before it www.regulations.gov, including any
examiner at the time of the annual was granted; or (3) continuation of the personal information provided. Please
medical examination; and (4) that each exemption would not be consistent with see the Privacy Act heading below for
individual provide a copy of the annual the goals and objectives of 49 U.S.C. further information.
medical certification to the employer for 31136(e) and 31315. If the exemption is Docket: For access to the docket to
retention in the driver’s qualification still effective at the end of the 2-year read background documents or
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Document Created: 2018-02-01 14:48:45
Document Modified: 2018-02-01 14:48:45
| 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 December 28, 2016. The exemptions expire on December 28, 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 | 82 FR 12880 |
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