82 FR 15554 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 59 (March 29, 2017)

Page Range		15554-15555
FR Document		2017-06180

FMCSA announces its decision to exempt 47 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 59 (Wednesday, March 29, 2017)

[Federal Register Volume 82, Number 59 (Wednesday, March 29, 2017)]
[Notices]
[Pages 15554-15555]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-06180]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2016-0382]


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 announces its decision to exempt 47 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 February 15, 2017. The 
exemptions expire on February 15, 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 January 12, 2017, FMCSA published a notice of receipt of Federal 
diabetes exemption applications from 47 individuals and requested 
comments from the public (82 FR 3845). The public comment period closed 
on February 13, 2017, and no comments were received.
    FMCSA has evaluated the eligibility of the 47 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 47 applicants have had ITDM over a range of 1 to 41 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 January 12, 2017, 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.

[[Page 15555]]

    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 47 exemption applications, FMCSA 
exempts the following drivers from the diabetes requirement in 49 CFR 
391.41(b)(3):

Luciano Abreu (NJ)
Louis I. Alonzo (TX)
John P. Botcher (WI)
Mark D. Breskey (IL)
Cornelius T. Brooks (AR)
Donald E. Brown (IL)
Armando Camacho Nunez (WA)
Robert P. Coutu (RI)
John J. Crance, Jr. (NY)
Frank Croce (NY)
Kevin S. Cuberson (NC)
William T. DeGarmo (OR)
David J. Dionne (NH)
Raymond J. Dionne (NH)
Steven W. Doutt (PA)
Brian J. Dunn (MA)
Jason E. Earlywine (KY)
William J. Evans (VA)
Brandon J. Fonstad (WI)
Raymond M. Garron (SC)
Jill M. Hall (ME)
Eugene C. Hamilton (NC)
Robert C. Hanna (OH)
Richard L. Hart (MI)
Rafael Hecht (IN)
Tony L. Hopper (IL)
Robert J. Hough (MD)
Curran P. Jones (AZ)
Ryan W. Koski (MI)
Forrest M. Land, Jr. (TX)
Allan M. Lewis (ME)
Jordan H. Little (NY)
Nicolas G. Lopez (TX)
Michael R. Ludowese (MN)
Brian L. Lynch (CT)
Marten L. Matuszewski (WI)
Thomas W. Mitchell, III (OH)
David M. Molnar (PA)
Anthony G. Monaghan (NY)
Jose N. Negron (NJ)
Michael J. Perfect (WA)
Lowell A. Reigel, Jr. (KY)
Jennifer L. Schroeder (WI)
Daniel M. Seguin (NH)
Darren K. Vaughan (NC)
Melvin E. Welton, Jr. (WA)
Keith A. Williams (AL)

    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: March 22, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-06180 Filed 3-28-17; 8:45 am]
BILLING CODE 4910-EX-P

15554 Federal Register / Vol. 82, No. 59 / Wednesday, March 29, 2017 / Notices

IV. Conditions and Requirements individuals to operate CMVs in provides that ‘‘A person is physically
The exemptions are extended subject interstate commerce. qualified to drive a commercial motor
to the following conditions: (1) Each DATES: The exemptions were effective vehicle if that person has no established
driver must report any crashes or on February 15, 2017. The exemptions medical history or clinical diagnosis of
accidents as defined in 49 CFR 390.5; expire on February 15, 2019. diabetes mellitus currently requiring
and (2) report all citations and FOR FURTHER INFORMATION CONTACT: Ms.
insulin for control’’ (49 CFR
convictions for disqualifying offenses Christine A. Hydock, Chief, Medical 391.41(b)(3)).
under 49 CFR part 383 and 49 CFR 391 Programs Division, (202) 366–4001, FMCSA established its diabetes
to FMCSA. In addition, the driver must fmcsamedical@dot.gov, FMCSA, exemption program, based on the
also have a copy of the exemption when Department of Transportation, 1200 Agency’s July 2000 study entitled ‘‘A
driving, for presentation to a duly New Jersey Avenue SE., Room W64– Report to Congress on the Feasibility of
authorized Federal, State, or local 113, Washington, DC 20590–0001. a Program to Qualify Individuals with
enforcement official. The driver is Office hours are from 8:30 a.m. to 5 Insulin-Treated Diabetes Mellitus to
prohibited from operating a motorcoach p.m., e.t., Monday through Friday, Operate in Interstate Commerce as
or bus with passengers in interstate except Federal holidays. Directed by the Transportation Act for
commerce. The exemption does not the 21st Century.’’ The report concluded
SUPPLEMENTARY INFORMATION:
exempt the individual from meeting the that a safe and practicable protocol to
applicable CDL testing requirements. I. Electronic Access allow some drivers with ITDM to
Each exemption will be valid for two You may see all the comments online operate CMVs is feasible. The
years unless rescinded earlier by through the Federal Document September 3, 2003 (68 FR 52441),
FMCSA. The exemption will be Management System (FDMS) at: http:// Federal Register notice in conjunction
rescinded if: (1) The person fails to www.regulations.gov. with the November 8, 2005 (70 FR
comply with the terms and conditions Docket: For access to the docket to 67777), Federal Register notice provides
of the exemption; (2) the exemption has read background documents or the current protocol for allowing such
resulted in a lower level of safety than comments, go to http:// drivers to operate CMVs in interstate
was maintained before it was granted; or www.regulations.gov and/or Room commerce.
(3) continuation of the exemption would W12–140 on the ground level of the These 47 applicants have had ITDM
not be consistent with the goals and West Building, 1200 New Jersey Avenue over a range of 1 to 41 years. These
objectives of 49 U.S.C. 31136(e) and SE., Washington, DC between 9 a.m. and applicants report no severe
31315. 5 p.m., e.t., Monday through Friday, hypoglycemic reactions resulting in loss
except Federal holidays. of consciousness or seizure, requiring
IV. Conclusion the assistance of another person, or
Privacy Act: In accordance with 5
Based upon its evaluation of the 32 U.S.C. 553(c), DOT solicits comments resulting in impaired cognitive function
exemption applications, FMCSA renews from the public to better inform its that occurred without warning
the exemptions of the aforementioned rulemaking process. DOT posts these symptoms, in the past 12 months and no
drivers from the hearing requirement in comments, without edit, including any recurrent (2 or more) severe
49 CFR 391.41(b)(11). In accordance personal information the commenter hypoglycemic episodes in the past 5
with 49 U.S.C. 31136(e) and 31315, each provides, to www.regulations.gov, as years. In each case, an endocrinologist
exemption will be valid for two years described in the system of records verified that the driver has
unless revoked earlier by FMCSA. notice (DOT/ALL–14 FDMS), which can demonstrated a willingness to properly
Issued on: March 22, 2017. be reviewed at www.dot.gov/privacy. monitor and manage his/her diabetes
mellitus, received education related to
Larry W. Minor, II. Background diabetes management, and is on a stable
Associate Administrator for Policy. insulin regimen. These drivers report no
On January 12, 2017, FMCSA
[FR Doc. 2017–06181 Filed 3–28–17; 8:45 am] other disqualifying conditions,
published a notice of receipt of Federal
BILLING CODE 4910–EX–P
diabetes exemption applications from including diabetes-related
47 individuals and requested comments complications. Each meets the vision
from the public (82 FR 3845). The requirement at 49 CFR 391.41(b)(10).
DEPARTMENT OF TRANSPORTATION The qualifications and medical
public comment period closed on
Federal Motor Carrier Safety February 13, 2017, and no comments condition of each applicant were stated
Administration were received. and discussed in detail in the January
FMCSA has evaluated the eligibility 12, 2017, Federal Register notice and
of the 47 applicants and determined that they will not be repeated in this notice.
[FMCSA Docket No. FMCSA–2016–0382]
granting the exemptions to these III. Discussion of Comments
Qualification of Drivers; Exemption individuals would achieve a level of
safety equivalent to or greater than the FMCSA received no comments in this
Applications; Diabetes Mellitus
level that would be achieved by proceeding.
AGENCY: Federal Motor Carrier Safety complying with the current regulation IV. Basis for Exemption Determination
Administration (FMCSA), DOT. 49 CFR 391.41(b)(3).
ACTION: Notice of final disposition. Under 49 U.S.C. 31136(e) and 31315,
Diabetes Mellitus and Driving FMCSA may grant an exemption from
mstockstill on DSK3G9T082PROD with NOTICES

SUMMARY: FMCSA announces its Experience of the Applicants the diabetes requirement in 49 CFR
decision to exempt 47 individuals from The Agency established the current 391.41(b)(3) if the exemption is likely to
its rule prohibiting persons with requirement for diabetes in 1970 achieve an equivalent or greater level of
insulin-treated diabetes mellitus (ITDM) because several risk studies indicated safety than would be achieved without
from operating commercial motor that drivers with diabetes had a higher the exemption. The exemption allows
vehicles (CMVs) in interstate commerce. rate of crash involvement than the the applicants to operate CMVs in
The exemptions enable these general population. The diabetes rule interstate commerce.

VerDate Sep<11>2014 16:54 Mar 28, 2017 Jkt 241001 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1

Document Created: 2017-03-29 01:14:56
Document Modified: 2017-03-29 01:14:56

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 February 15, 2017. The exemptions expire on February 15, 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 15554

82 FR 15554 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 59 (March 29, 2017)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration