82 FR 12890 - 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 | 12890-12891 | |
| FR Document | 2017-04384 |
[Federal Register Volume 82, Number 43 (Tuesday, March 7, 2017)] [Notices] [Pages 12890-12891] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-04384] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA-2016-0225] 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 52 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 24, 2016. The exemptions expire on December 24, 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 November 23, 2016, FMCSA published a notice of receipt of Federal diabetes exemption applications from 52 individuals and requested comments from the public (81 FR 84677). The public comment period closed on December 23, 2016, and no comments were received. FMCSA has evaluated the eligibility of the 52 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)). [[Page 12891]] 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 52 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 November 23, 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 52 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): Rickey C. Alvis (NC) Vicki L. Bailey (WI) Bennie L. Baker (TX) Darious A. Ballou, III (NC) Salauddin Baset (TX) Emmett G. Bell (DE) Ralph G. Caffee (PA) James L. Calman (WA) Michael J. Carey (NY) David L. Cheshire (MI) Allan S. Clugston (NY) Sean M. Collins (MN) Jimmy D. Curtis (TX) Larry D. Dearth (WI) Keith M. Dickerson (WI) James J. Dorio (PA) Virgil J. Erhardt (IA) Jimmy J. Fanelli (OR) Craig W. Ferris (CT) William L. Garrity (CT) Robin D. Gibson (DC) Richard E. Harger (IN) Steven W. Harry (OR) Jay M. Hill (CO) Paul J. Horne (NY) Eric C. Irwin (IL) John E. Kerby (NE) Adam R. Kleist, Jr. (OR) Jacob A. Knezevich (NM) Joel A. Kroll (SD) Stephen T. Labay (OH) Edwin J. Lundquist (MN) Brian A. McCarthy (GA) Daniel F. Mesiano (WA) Lucjan Metkowski (MI) Stephen C. Mickle (AL) Bryan K. Moreland (CA) Tyler J. Oakland (NE) Yesenia Orozco Marquez (OK) Salvador Pacheco, Jr. (TX) Martin J. Reding (OR) Daniel A. Rivera (FL) Gerald J. Rosauer (WI) Chester G. Selfridge, Jr. (PA) Paul A. Sheehan (PA) Brent L. Stroud (IL) Michael W. Sutton (WA) Carlos Swepson, Sr. (RI) Noah E. Thompson (AL) Thomas P. Verdon (PA) Richard F. Wiltgen (IA) Richard C. Wright (NJ) 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. 2017-04384 Filed 3-6-17; 8:45 am] BILLING CODE 4910-EX-P
![12890 Federal Register / Vol. 82, No. 43 / Tuesday, March 7, 2017 / Notices
As of December 20, 2016, and in Robert F. Rothbauer (WI) Programs Division, (202) 366–4001,
accordance with 49 U.S.C. 31136(e) and Michael A. Runyan, Jr. (NC) fmcsamedical@dot.gov, FMCSA,
31315, the following 17 individuals John D. Sheets (NH) Department of Transportation, 1200
have satisfied the renewal conditions for Kyle L. Shuman (NY) New Jersey Avenue SE., Room W64–
obtaining an exemption from the rule Jerry W. Smay (CA) 113, Washington, DC 20590–0001.
prohibiting drivers with ITDM from Gregory A. Smith (GA) Office hours are from 8:30 a.m. to 5 p.m.
driving CMVs in interstate commerce William S. Spaeth (WI) e.t., Monday through Friday, except
(77 FR 63411; 77 FR 64181; 77 FR Eloy G. Tijerina (TX) Federal holidays.
75492; 77 FR 75493): Santos R. Torres (TX)
SUPPLEMENTARY INFORMATION:
James D. Astle (OH) Leroy A. Traudt (NE)
Robert E. Carroll (FL) Arthur R. Vance (VA) I. Electronic Access
Gerald S. Volpone, Jr. (MA)
Thomas L. Gilmore (IA) You may see all the comments online
Galen R. Watts (TX)
Kenneth M. Hansen (IA) through the Federal Document
William R. Welch, Jr. (VA)
David J. Heppelmann (MN) Management System (FDMS) at: http://
John E. Wildenmann (KY)
Dennis R. Johnson (TN) www.regulations.gov.
Edward D. Wright (IN)
Ronald D. Johnston (VA) Docket: For access to the docket to
Steven M. Knezevich (MI) The drivers were included in docket read background documents or
Phil J. Kunkel (IN) No: FMCSA–2014–0309. Their comments, go to http://
Carl E. McCartney (PA) exemptions are effective as of December www.regulations.gov and/or Room
Fred Nelson, Jr. (PA) 29, 2016, and will expire on December W12–140 on the ground level of the
Ricky L. Osterback (WA) 29, 2018. West Building, 1200 New Jersey Avenue
Joseph M. Polkowski, Sr. (PA) In accordance with 49 U.S.C. 31315, SE., Washington, DC, between 9 a.m.
Dan R. Stark (MN) each exemption will be valid for two and 5 p.m., e.t., Monday through Friday,
Chad E. Vanscoy (OH) years from the effective date unless except Federal holidays.
Mark A. Welch, Jr. (PA) revoked earlier by FMCSA. The
Privacy Act: In accordance with 5
Bailey G. Zickefoose, Jr. (WV) exemption will be revoked if the
U.S.C. 553(c), DOT solicits comments
The drivers were included in docket following occurs: (1) The person fails to
from the public to better inform its
No: FMCSA–2012–0283. Their comply with the terms and conditions
rulemaking process. DOT posts these
exemptions are effective as of December of the exemption; (2) the exemption has
comments, without edit, including any
20, 2016, and will expire on December resulted in a lower level of safety than
personal information the commenter
20, 2018. was maintained prior to being granted;
provides, to www.regulations.gov, as
As of December 29, 2016, and in or (3) continuation of the exemption
described in the system of records
accordance with 49 U.S.C. 31136(e) and would not be consistent with the goals
notice (DOT/ALL–14 FDMS), which can
31315, the following 45 individuals and objectives of 49 U.S.C. 31136 and
be reviewed at www.dot.gov/privacy.
have satisfied the renewal conditions for 31315.
obtaining an exemption from the rule Issued on: February 27, 2017. II. Background
prohibiting drivers with ITDM from Larry W. Minor, On November 23, 2016, FMCSA
driving CMVs in interstate commerce Associate Administrator for Policy. published a notice of receipt of Federal
(79 FR 70920; 80 FR 5613): [FR Doc. 2017–04393 Filed 3–6–17; 8:45 am] diabetes exemption applications from
Andrew P. Bivens (TN) BILLING CODE 4910–EX–P 52 individuals and requested comments
Everett D. Blevins (KY) from the public (81 FR 84677). The
Kirk J. Brummeler (GA) public comment period closed on
Travis M. Bryan (MA) DEPARTMENT OF TRANSPORTATION December 23, 2016, and no comments
Robert A. Chess (PA) were received.
John W. Condy (NY) Federal Motor Carrier Safety FMCSA has evaluated the eligibility
Kevin V. Cook (MO) Administration of the 52 applicants and determined that
Guido Criscuolo, Jr. (CT) [FMCSA Docket No. FMCSA–2016–0225] granting the exemptions to these
Zachary L. Diehl (IL) individuals would achieve a level of
Andrea I. Dirksen (IA) Qualification of Drivers; Exemption safety equivalent to or greater than the
David D. Dowdy (IL) Applications; Diabetes Mellitus level that would be achieved by
Clarice L. Dunklin (LA) complying with the current regulation
Ricky L. Exler (FL) AGENCY: Federal Motor Carrier Safety 49 CFR 391.41(b)(3).
Paul B. Fuerstenberg (WI) Administration (FMCSA), DOT
ACTION: Notice of final disposition. Diabetes Mellitus and Driving
Nathan M. Gallant (TX)
Experience of the Applicants
Louis A. Goodenough (IN)
Tyler L. Gravatt (ID) SUMMARY: FMCSA confirms its decision The Agency established the current
Gary W. Honaker (VA) to exempt 52 individuals from its rule requirement for diabetes in 1970
David G. Horne (VA) prohibiting persons with insulin-treated because several risk studies indicated
Glenn A. Keifer (SD) diabetes mellitus (ITDM) from operating that drivers with diabetes had a higher
Rex L. Kreutzer (NE) commercial motor vehicles (CMVs) in rate of crash involvement than the
Larry D. Lloyd (OR) interstate commerce. The exemptions general population. The diabetes rule
sradovich on DSK3GMQ082PROD with NOTICES
Dennis D. Markowski (WA) enable these individuals to operate provides that ‘‘A person is physically
William F. Melchert-Dinkel (MN) CMVs in interstate commerce. qualified to drive a commercial motor
Brit K. Miller (SD) DATES: The exemptions were effective vehicle if that person has no established
Charles B. Petersen (ID) on December 24, 2016. The exemptions medical history or clinical diagnosis of
Anthony J. Politan (IN) expire on December 24, 2018. diabetes mellitus currently requiring
Emil T. Ricci (PA) FOR FURTHER INFORMATION CONTACT: Ms. insulin for control’’ (49 CFR
Arturo Robles (WY) Christine A. Hydock, Chief, Medical 391.41(b)(3)).
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![Federal Register / Vol. 82, No. 43 / Tuesday, March 7, 2017 / Notices 12891
FMCSA established its diabetes Consequently, FMCSA finds that in Richard E. Harger (IN)
exemption program, based on the each case exempting these applicants Steven W. Harry (OR)
Agency’s July 2000 study entitled ‘‘A from the diabetes requirement in 49 CFR Jay M. Hill (CO)
Report to Congress on the Feasibility of 391.41(b)(3) is likely to achieve a level Paul J. Horne (NY)
a Program to Qualify Individuals with of safety equal to that existing without Eric C. Irwin (IL)
Insulin-Treated Diabetes Mellitus to the exemption. John E. Kerby (NE)
Operate in Interstate Commerce as Adam R. Kleist, Jr. (OR)
Directed by the Transportation Act for V. Conditions and Requirements Jacob A. Knezevich (NM)
the 21st Century.’’ The report concluded The terms and conditions of the Joel A. Kroll (SD)
that a safe and practicable protocol to exemption will be provided to the Stephen T. Labay (OH)
allow some drivers with ITDM to applicants in the exemption document Edwin J. Lundquist (MN)
operate CMVs is feasible. The and they include the following: (1) That Brian A. McCarthy (GA)
September 3, 2003 (68 FR 52441), each individual submit a quarterly Daniel F. Mesiano (WA)
Federal Register notice in conjunction monitoring checklist completed by the Lucjan Metkowski (MI)
with the November 8, 2005 (70 FR treating endocrinologist as well as an Stephen C. Mickle (AL)
67777), Federal Register notice provides annual checklist with a comprehensive Bryan K. Moreland (CA)
the current protocol for allowing such medical evaluation; (2) that each Tyler J. Oakland (NE)
drivers to operate CMVs in interstate individual reports within 2 business Yesenia Orozco Marquez (OK)
commerce. days of occurrence, all episodes of Salvador Pacheco, Jr. (TX)
These 52 applicants have had ITDM severe hypoglycemia, significant Martin J. Reding (OR)
over a range of 1 to 24 years. These Daniel A. Rivera (FL)
complications, or inability to manage
applicants report no severe Gerald J. Rosauer (WI)
diabetes; also, any involvement in an
hypoglycemic reactions resulting in loss Chester G. Selfridge, Jr. (PA)
accident or any other adverse event in
of consciousness or seizure, requiring Paul A. Sheehan (PA)
a CMV or personal vehicle, whether or Brent L. Stroud (IL)
the assistance of another person, or not it is related to an episode of Michael W. Sutton (WA)
resulting in impaired cognitive function hypoglycemia; (3) that each individual Carlos Swepson, Sr. (RI)
that occurred without warning provide a copy of the ophthalmologist’s Noah E. Thompson (AL)
symptoms, in the past 12 months and no or optometrist’s report to the medical Thomas P. Verdon (PA)
recurrent (2 or more) severe examiner at the time of the annual Richard F. Wiltgen (IA)
hypoglycemic episodes in the past 5 medical examination; and (4) that each Richard C. Wright (NJ)
years. In each case, an endocrinologist individual provide a copy of the annual
verified that the driver has In accordance with 49 U.S.C. 31136(e)
medical certification to the employer for
demonstrated a willingness to properly and 31315 each exemption is valid for
retention in the driver’s qualification
monitor and manage his/her diabetes two years unless revoked earlier by
file, or keep a copy in his/her driver’s
mellitus, received education related to FMCSA. The exemption will be revoked
qualification file if he/she is self-
diabetes management, and is on a stable if the following occurs: (1) The person
employed. The driver must also have a
insulin regimen. These drivers report no fails to comply with the terms and
copy of the certification when driving,
other disqualifying conditions, conditions of the exemption; (2) the
for presentation to a duly authorized
including diabetes-related exemption has resulted in a lower level
Federal, State, or local enforcement
complications. Each meets the vision of safety than was maintained before it
official.
requirement at 49 CFR 391.41(b)(10). was granted; or (3) continuation of the
The qualifications and medical VI. Conclusion exemption would not be consistent with
condition of each applicant were stated Based upon its evaluation of the 52 the goals and objectives of 49 U.S.C.
and discussed in detail in the November exemption applications, FMCSA 31136(e) and 31315. If the exemption is
23, 2016, Federal Register notice and exempts the following drivers from the still effective at the end of the 2-year
they will not be repeated in this notice. diabetes requirement in 49 CFR period, the person may apply to FMCSA
391.41(b)(3), subject to the requirements for a renewal under procedures in effect
III. Discussion of Comments at that time.
cited above 49 CFR 391.64(b):
FMCSA received no comments in this Rickey C. Alvis (NC) Issued on: February 27, 2017.
proceeding. Vicki L. Bailey (WI) Larry W. Minor,
IV. Basis for Exemption Determination Bennie L. Baker (TX) Associate Administrator for Policy.
Darious A. Ballou, III (NC) [FR Doc. 2017–04384 Filed 3–6–17; 8:45 am]
Under 49 U.S.C. 31136(e) and 31315, Salauddin Baset (TX)
FMCSA may grant an exemption from Emmett G. Bell (DE)
BILLING CODE 4910–EX–P
the diabetes requirement in 49 CFR Ralph G. Caffee (PA)
391.41(b)(3) if the exemption is likely to James L. Calman (WA)
achieve an equivalent or greater level of DEPARTMENT OF TRANSPORTATION
Michael J. Carey (NY)
safety than would be achieved without David L. Cheshire (MI) Federal Motor Carrier Safety
the exemption. The exemption allows Allan S. Clugston (NY) Administration
the applicants to operate CMVs in Sean M. Collins (MN)
interstate commerce. Jimmy D. Curtis (TX) [Docket No. FMCSA–2017–0029]
To evaluate the effect of these
sradovich on DSK3GMQ082PROD with NOTICES
Larry D. Dearth (WI)
exemptions on safety, FMCSA Qualification of Drivers; Exemption
Keith M. Dickerson (WI)
considered medical reports about the James J. Dorio (PA) Applications; Diabetes Mellitus
applicants’ ITDM and vision, and Virgil J. Erhardt (IA) AGENCY: Federal Motor Carrier Safety
reviewed the treating endocrinologists’ Jimmy J. Fanelli (OR) Administration (FMCSA).
medical opinion related to the ability of Craig W. Ferris (CT) ACTION: Notice of applications for
the driver to safely operate a CMV while William L. Garrity (CT) exemptions; request for comments.
using insulin. Robin D. Gibson (DC)
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Document Created: 2018-02-01 14:49:22
Document Modified: 2018-02-01 14:49:22
| 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 24, 2016. The exemptions expire on December 24, 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 12890 |
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