82 FR 13199 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 45 (March 9, 2017)

Page Range		13199-13200
FR Document		2017-04666

FMCSA confirms its decision to exempt 41 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 82 Issue 45 (Thursday, March 9, 2017)

[Federal Register Volume 82, Number 45 (Thursday, March 9, 2017)]
[Notices]
[Pages 13199-13200]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-04666]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2016-0381]


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 41 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 January 31, 2017. The 
exemptions expire on January 31, 2019.

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 December 29, 2016, FMCSA published a notice of receipt of 
Federal diabetes exemption applications from 41 individuals and 
requested comments from the public (81 FR 96168. The public comment 
period closed on January 30, 2017, and no comments were received.
    FMCSA has evaluated the eligibility of the 41 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 41 applicants have had ITDM over a range of 1 to 43 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

[[Page 13200]]

and discussed in detail in the December 29, 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 41 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):

Donald Austin (GA)
Estil L. Baker, Jr. (IL)
Thomas M. Bard (IL)
Mark W. Birch (TX)
Richard Bollhardt (NJ)
Bryan R. Breaw (MN)
Trini L. Brisson (MI)
Keith M. Carpenter (PA)
Alan W. Carstensen (MN)
Russell L. Clapp (ME)
Allan J. Clune (NJ)
Ryan F. Curtis (NJ)
Jeffrey S. Daniels (IA)
Andrew M.M. Danner (VA)
George P. Diedrich, Jr. (NJ)
Wilson E. Donnell (ME)
Michael W. Erick (CT)
Eric Fedor (PA)
Juanita C. Gaines (TX)
Buckley E. Grant (KS)
Connor J. Grossaint (UT)
Brian A. Hagenhoff (MO)
Jeffrey D.S. Hosman (AR)
Terry P. Kelly (KY)
David M. Kerr (PA)
Michael P. Kruimer (NJ)
Salvatore Longo (IL)
Alan Mills (OR)
John R. Paulus (WI)
Bruce D. Peterson (WI)
Nicholas J. Powden (VT)
Dennis A. Roisum (WI)
Jeffrey P. Roskopf (WI)
David M. Ryea (CT)
Edward G. Smith, Jr. (ND)
Ralph H. Talmadge (NJ)
Jerry R. Thomason (GA)
Melvin E. Turner (TN)
Lash L. Walker (TN)
Donald E. Walstrom (IA)
Ronald A. Williams (OR)

    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 28, 2017.
Larry W. Minor
 Associate Administrator for Policy.
[FR Doc. 2017-04666 Filed 3-8-17; 8:45 am]
BILLING CODE 4910-EX-P

Federal Register / Vol. 82, No. 45 / Thursday, March 9, 2017 / Notices 13199

October 24, 2016, and will expire on DEPARTMENT OF TRANSPORTATION January 30, 2017, and no comments
October 24, 2018. were received.
Federal Motor Carrier Safety FMCSA has evaluated the eligibility
IV. Conditions and Requirements Administration of the 41 applicants and determined that
granting the exemptions to these
The exemptions are extended subject [FMCSA Docket No. FMCSA–2016–0381]
individuals would achieve a level of
to the following conditions: (1) Each
Qualification of Drivers; Exemption safety equivalent to or greater than the
driver must remain seizure-free and level that would be achieved by
maintain a stable treatment during the Applications; Diabetes Mellitus
complying with the current regulation
two-year exemption period; (2) each AGENCY: Federal Motor Carrier Safety 49 CFR 391.41(b)(3).
driver must submit annual reports from Administration (FMCSA), DOT.
their treating physicians attesting to the Diabetes Mellitus and Driving
ACTION: Notice of final disposition. Experience of the Applicants
stability of treatment and that the driver
has remained seizure-free; (3) each SUMMARY: FMCSA confirms its decision The Agency established the current
driver must undergo an annual medical to exempt 41 individuals from its rule requirement for diabetes in 1970
examination by a certified Medical prohibiting persons with insulin-treated because several risk studies indicated
Examiner, as defined by 49 CFR 390.5; diabetes mellitus (ITDM) from operating that drivers with diabetes had a higher
and (4) each driver must provide a copy commercial motor vehicles (CMVs) in rate of crash involvement than the
of the annual medical certification to interstate commerce. The exemptions general population. The diabetes rule
the employer for retention in the enable these individuals to operate provides that ‘‘A person is physically
driver’s qualification file, or keep a copy CMVs in interstate commerce. qualified to drive a commercial motor
of his/her driver’s qualification file if vehicle if that person has no established
DATES: The exemptions were effective
medical history or clinical diagnosis of
he/she is self-employed. The driver on January 31, 2017. The exemptions
diabetes mellitus currently requiring
must also have a copy of the exemption expire on January 31, 2019.
insulin for control’’ (49 CFR
when driving, for presentation to a duly FOR FURTHER INFORMATION CONTACT: Ms. 391.41(b)(3)).
authorized Federal, State, or local Christine A. Hydock, Chief, Medical FMCSA established its diabetes
enforcement official. The exemption Programs Division, (202) 366–4001, exemption program, based on the
will be rescinded if: (1) The person fails fmcsamedical@dot.gov, FMCSA, Agency’s July 2000 study entitled ‘‘A
to comply with the terms and Department of Transportation, 1200 Report to Congress on the Feasibility of
conditions of the exemption; (2) the New Jersey Avenue SE., Room W64– a Program to Qualify Individuals with
exemption has resulted in a lower level 113, Washington, DC 20590–0001. Insulin-Treated Diabetes Mellitus to
of safety than was maintained before it Office hours are from 8:30 a.m. to 5 p.m. Operate in Interstate Commerce as
was granted; or (3) continuation of the e.t., Monday through Friday, except Directed by the Transportation Act for
exemption would not be consistent with Federal holidays. the 21st Century.’’ The report concluded
the goals and objectives of 49 U.S.C. SUPPLEMENTARY INFORMATION: that a safe and practicable protocol to
31136(e) and 31315. allow some drivers with ITDM to
I. Electronic Access
operate CMVs is feasible. The
V. Preemption You may see all the comments online September 3, 2003 (68 FR 52441),
through the Federal Document Federal Register notice in conjunction
During the period the exemption is in Management System (FDMS) at: http:// with the November 8, 2005 (70 FR
effect, no State shall enforce any law or www.regulations.gov. 67777), Federal Register notice provides
regulation that conflicts with this Docket: For access to the docket to the current protocol for allowing such
exemption with respect to a person read background documents or drivers to operate CMVs in interstate
operating under the exemption. comments, go to http:// commerce.
VI. Conclusion www.regulations.gov and/or Room These 41 applicants have had ITDM
W12–140 on the ground level of the over a range of 1 to 43 years. These
Based upon its evaluation of the seven West Building, 1200 New Jersey Avenue applicants report no severe
exemption applications, FMCSA renews SE., Washington, DC, between 9 a.m. hypoglycemic reactions resulting in loss
the exemptions of the aforementioned and 5 p.m., e.t., Monday through Friday, of consciousness or seizure, requiring
drivers from the Epilepsy and Seizure except Federal holidays. the assistance of another person, or
Disorders requirement in 49 CFR 391.41 Privacy Act: In accordance with 5 resulting in impaired cognitive function
(b)(8). In accordance with 49 U.S.C. U.S.C. 553(c), DOT solicits comments that occurred without warning
31136(e) and 31315, each exemption from the public to better inform its symptoms, in the past 12 months and no
will be valid for two years unless rulemaking process. DOT posts these recurrent (2 or more) severe
revoked earlier by FMCSA. comments, without edit, including any hypoglycemic episodes in the past 5
personal information the commenter years. In each case, an endocrinologist
Issued on: February 28, 2017. provides, to www.regulations.gov, as verified that the driver has
Larry W. Minor, described in the system of records demonstrated a willingness to properly
Associate Administrator for Policy. notice (DOT/ALL–14 FDMS), which can monitor and manage his/her diabetes
mellitus, received education related to
asabaliauskas on DSK3SPTVN1PROD with NOTICES

[FR Doc. 2017–04662 Filed 3–8–17; 8:45 am] be reviewed at www.dot.gov/privacy.
diabetes management, and is on a stable
BILLING CODE 4910–EX–P II. Background
insulin regimen. These drivers report no
On December 29, 2016, FMCSA other disqualifying conditions,
published a notice of receipt of Federal including diabetes-related
diabetes exemption applications from complications. Each meets the vision
41 individuals and requested comments requirement at 49 CFR 391.41(b)(10).
from the public (81 FR 96168. The The qualifications and medical
public comment period closed on condition of each applicant were stated

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13200 Federal Register / Vol. 82, No. 45 / Thursday, March 9, 2017 / Notices

and discussed in detail in the December VI. Conclusion DEPARTMENT OF THE TREASURY
29, 2016, Federal Register notice and Based upon its evaluation of the 41
they will not be repeated in this notice. exemption applications, FMCSA Internal Revenue Service
III. Discussion of Comments exempts the following drivers from the Open Meeting of the Taxpayer
diabetes requirement in 49 CFR Advocacy Panel’s Tax Forms and
FMCSA received no comments in this 391.41(b)(3), subject to the requirements Publications Project Committee
proceeding. cited above 49 CFR 391.64(b):
Donald Austin (GA) AGENCY: Internal Revenue Service (IRS),
IV. Basis for Exemption Determination Estil L. Baker, Jr. (IL) Treasury.
Under 49 U.S.C. 31136(e) and 31315, Thomas M. Bard (IL) ACTION: Notice of meeting.
Mark W. Birch (TX)
FMCSA may grant an exemption from Richard Bollhardt (NJ)
the diabetes requirement in 49 CFR SUMMARY: An open meeting of the
Bryan R. Breaw (MN)
391.41(b)(3) if the exemption is likely to Trini L. Brisson (MI) Taxpayer Advocacy Panel’s Tax Forms
achieve an equivalent or greater level of Keith M. Carpenter (PA) and Publications Project Committee will
safety than would be achieved without Alan W. Carstensen (MN) be conducted. The Taxpayer Advocacy
the exemption. The exemption allows Russell L. Clapp (ME) Panel is soliciting public comments,
the applicants to operate CMVs in Allan J. Clune (NJ) ideas, and suggestions on improving
interstate commerce. Ryan F. Curtis (NJ) customer service at the Internal Revenue
Jeffrey S. Daniels (IA) Service.
To evaluate the effect of these Andrew M.M. Danner (VA)
exemptions on safety, FMCSA DATES: The meeting will be held
George P. Diedrich, Jr. (NJ)
considered medical reports about the Wilson E. Donnell (ME) Monday, March 20, 2017 and Tuesday,
applicants’ ITDM and vision, and Michael W. Erick (CT) March 21, 2017.
reviewed the treating endocrinologists’ Eric Fedor (PA) FOR FURTHER INFORMATION CONTACT:
medical opinion related to the ability of Juanita C. Gaines (TX) Robert Rosalia at 1–888–912–1227 or
the driver to safely operate a CMV while Buckley E. Grant (KS) (718) 834–2203.
using insulin. Connor J. Grossaint (UT)
Brian A. Hagenhoff (MO) SUPPLEMENTARY INFORMATION: Notice is
Consequently, FMCSA finds that in Jeffrey D.S. Hosman (AR) hereby given pursuant to Section
each case exempting these applicants Terry P. Kelly (KY) 10(a)(2) of the Federal Advisory
from the diabetes requirement in 49 CFR David M. Kerr (PA) Committee Act, 5 U.S.C. App. (1988)
391.41(b)(3) is likely to achieve a level Michael P. Kruimer (NJ) that a meeting of the Taxpayer
of safety equal to that existing without Salvatore Longo (IL) Advocacy Panel’s Tax Forms and
the exemption. Alan Mills (OR) Publications Project Committee will be
John R. Paulus (WI) held Monday, March 20, 2017, from
V. Conditions and Requirements Bruce D. Peterson (WI) 1:00 p.m. to 4:30 p.m. Central time and
Nicholas J. Powden (VT) Tuesday, March 21, 2017, from 8:00
The terms and conditions of the Dennis A. Roisum (WI) a.m. until 4:30 p.m. Central Time at the
exemption will be provided to the Jeffrey P. Roskopf (WI)
IRS Office, 1919 Smith Street, Houston,
applicants in the exemption document David M. Ryea (CT)
Edward G. Smith, Jr. (ND) TX 77001. The public is invited to make
and they include the following: (1) That
Ralph H. Talmadge (NJ) oral comments or submit written
each individual submit a quarterly
Jerry R. Thomason (GA) statements for consideration. Due to
monitoring checklist completed by the limited time and structure of meeting,
treating endocrinologist as well as an Melvin E. Turner (TN)
Lash L. Walker (TN) notification of intent to participate must
annual checklist with a comprehensive be made with Robert Rosalia. For more
Donald E. Walstrom (IA)
medical evaluation; (2) that each Ronald A. Williams (OR) information please contact Robert
individual reports within 2 business Rosalia at 1–888–912–1227 or (718)
In accordance with 49 U.S.C. 31136(e)
days of occurrence, all episodes of 834–2203, or write TAP Office, 2
and 31315 each exemption is valid for
severe hypoglycemia, significant Metrotech Center, 100 Myrtle Avenue,
two years unless revoked earlier by
complications, or inability to manage Brooklyn, NY 11201 or contact us at the
FMCSA. The exemption will be revoked
diabetes; also, any involvement in an Web site: http://www.improveirs.org.
if the following occurs: (1) The person
accident or any other adverse event in The agenda will include various IRS
fails to comply with the terms and
a CMV or personal vehicle, whether or conditions of the exemption; (2) the issues.
not it is related to an episode of exemption has resulted in a lower level
hypoglycemia; (3) that each individual Dated: February 23, 2017.
of safety than was maintained before it Antoinette Ross,
provide a copy of the ophthalmologist’s was granted; or (3) continuation of the
or optometrist’s report to the medical Acting Director, Taxpayer Advocacy Panel.
exemption would not be consistent with
examiner at the time of the annual the goals and objectives of 49 U.S.C.
[FR Doc. 2017–04590 Filed 3–8–17; 8:45 am]
medical examination; and (4) that each 31136(e) and 31315. If the exemption is BILLING CODE 4830–01–P
individual provide a copy of the annual still effective at the end of the 2-year
medical certification to the employer for
asabaliauskas on DSK3SPTVN1PROD with NOTICES

period, the person may apply to FMCSA DEPARTMENT OF THE TREASURY
retention in the driver’s qualification for a renewal under procedures in effect
file, or keep a copy in his/her driver’s at that time.
qualification file if he/she is self- Internal Revenue Service
employed. The driver must also have a Issued on: February 28, 2017.
Larry W. Minor Proposed Collection; Comment
copy of the certification when driving, Request for Form 8851
for presentation to a duly authorized Associate Administrator for Policy.
Federal, State, or local enforcement [FR Doc. 2017–04666 Filed 3–8–17; 8:45 am] AGENCY: Internal Revenue Service (IRS),
official. BILLING CODE 4910–EX–P Treasury.

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Document Created: 2017-03-09 04:58:23
Document Modified: 2017-03-09 04:58:23

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 January 31, 2017. The exemptions expire on January 31, 2019.
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 13199

82 FR 13199 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 45 (March 9, 2017)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration