82 FR 18953 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 77 (April 24, 2017)

Page Range		18953-18954
FR Document		2017-08194

FMCSA announces its decision to exempt 28 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 77 (Monday, April 24, 2017)

[Federal Register Volume 82, Number 77 (Monday, April 24, 2017)]
[Notices]
[Pages 18953-18954]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-08194]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2016-0385]


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 28 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 April 7, 2017. The exemptions 
expire on April 7, 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 March 7, 2017, FMCSA published a notice of receipt of Federal 
diabetes exemption applications from 28 individuals and requested 
comments from the public (82 FR 12881). The public comment period 
closed on April 6, 2017, and no comments were received.
    FMCSA has evaluated the eligibility of the 28 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 28 applicants have had ITDM over a range of 1 to 22 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).

[[Page 18954]]

    The qualifications and medical condition of each applicant were 
stated and discussed in detail in the March 7, 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.
    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 28 exemption applications, FMCSA 
exempts the following drivers from the diabetes requirement in 49 CFR 
391.41(b)(3):

Larry A. Acton (KS)
Matthew M. Bauer (MI)
Gerald T. Booth (NY)
Jeremy D. Carpenter (AL)
David L. Carraway (NC)
Mitchell S. Crites (OH)
Martin K. Dennis (PA)
Ryan E. Dickinson (NY)
John T. Edmiston (TX)
Malcolm C. Ferriell (IN)
Saul Gates, III (TX)
Paul S. Hare (VA)
Jimmie E. Johnson (IN)
Ronald A. Karr (SD)
David A. Morrill (ME)
Parker L. Pearce (TX)
Raymond L. Ramsey (NH)
Ronald A. Routh (OK)
Sean R. Shakespeare (NV)
Ryan B. Silva (MA)
Kent A. Smith (KS)
Zachary C. Smith (MT)
Jennifer S. Starr (OR)
Benjamin T. Weinheimer, Jr. (TX)
Walter D. West (MO)
John K. Windler (IN)
Kathy A. Wofford (GA)
Shawn L. Wood (CO)

    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: April 17, 2017.
 Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-08194 Filed 4-21-17; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 82, No. 77 / Monday, April 24, 2017 / Notices 18953

prohibiting drivers with ITDM from DEPARTMENT OF TRANSPORTATION public comment period closed on April
driving CMVs in interstate commerce 6, 2017, and no comments were
(78 FR 1927; 78 FR 12819): Federal Motor Carrier Safety received.
Angel Bergendale (MA) Administration FMCSA has evaluated the eligibility
Sean P. Borsky (FL) [FMCSA Docket No. FMCSA–2016–0385] of the 28 applicants and determined that
granting the exemptions to these
Uvena S. Brown (IN)
Qualification of Drivers; Exemption individuals would achieve a level of
Spiro J. Jonovich (AZ) safety equivalent to or greater than the
Applications; Diabetes Mellitus
Victor D. Mayberry (TN) level that would be achieved by
Barry C. McKay (CO) AGENCY: Federal Motor Carrier Safety complying with the current regulation
Robert B. McKendry (IL) Administration (FMCSA), DOT. 49 CFR 391.41(b)(3).
William L. Phelps (IN) ACTION: Notice of final disposition.
Diabetes Mellitus and Driving
Richard J. Rembisz (NY) SUMMARY: FMCSA announces its Experience of the Applicants
Richard L. Smith (GA) decision to exempt 28 individuals from The Agency established the current
Gary J. Tricarico (CT) its rule prohibiting persons with requirement for diabetes in 1970
The drivers were included in docket insulin-treated diabetes mellitus (ITDM) because several risk studies indicated
No. FMCSA–2012–0351. Their from operating commercial motor that drivers with diabetes had a higher
exemptions are effective as of February vehicles (CMVs) in interstate commerce. rate of crash involvement than the
25, 2017, and will expire on February The exemptions enable these general population. The diabetes rule
25, 2019. individuals to operate CMVs in provides that ‘‘A person is physically
As of February 26, 2017, and in interstate commerce. qualified to drive a commercial motor
accordance with 49 U.S.C. 31136(e) and DATES: The exemptions were effective vehicle if that person has no established
31315, the following 12 individuals on April 7, 2017. The exemptions expire medical history or clinical diagnosis of
have satisfied the renewal conditions for on April 7, 2019. diabetes mellitus currently requiring
obtaining an exemption from the rule FOR FURTHER INFORMATION CONTACT: Ms. insulin for control’’ (49 CFR
prohibiting drivers with ITDM from Christine A. Hydock, Chief, Medical 391.41(b)(3)).
driving CMVs in interstate commerce Programs Division, (202) 366–4001, FMCSA established its diabetes
(78 FR 1923; 78 FR 12821): fmcsamedical@dot.gov, FMCSA, exemption program, based on the
Shawn J. Ball (ID) Department of Transportation, 1200 Agency’s July 2000 study entitled ‘‘A
New Jersey Avenue SE., Room W64– Report to Congress on the Feasibility of
Ira S. Chamberlin (ME) a Program to Qualify Individuals with
113, Washington, DC 20590–0001.
James K. Dowden (MN) Office hours are from 8:30 a.m. to 5 p.m. Insulin-Treated Diabetes Mellitus to
Myron P. Egbert (UT) e.t., Monday through Friday, except Operate in Interstate Commerce as
Michael T. Evans (OH) Federal holidays. Directed by the Transportation Act for
Stephen P. Honen (OH) SUPPLEMENTARY INFORMATION: the 21st Century.’’ The report concluded
Charles E. Johnston (MS) that a safe and practicable protocol to
I. Electronic Access allow some drivers with ITDM to
Jack M. Sipich (IL)
You may see all the comments online operate CMVs is feasible. The
Roger N. Stauffer (MI)
through the Federal Document September 3, 2003 (68 FR 52441),
Tyrone Taylor (NC) Federal Register notice in conjunction
Management System (FDMS) at: http://
Michael E. Westley (FL) www.regulations.gov. with the November 8, 2005 (70 FR
Travis M. Whitt (CA) Docket: For access to the docket to 67777), Federal Register notice provides
The drivers were included in docket read background documents or the current protocol for allowing such
No. FMCSA–2012–0350. Their comments, go to http:// drivers to operate CMVs in interstate
exemptions are effective as of February www.regulations.gov and/or Room commerce.
26, 2017, and will expire on February W12–140 on the ground level of the These 28 applicants have had ITDM
26, 2019. West Building, 1200 New Jersey Avenue over a range of 1 to 22 years. These
In accordance with 49 U.S.C. 31315, SE., Washington, DC, between 9 a.m. applicants report no severe
each exemption will be valid for two and 5 p.m., e.t., Monday through Friday, hypoglycemic reactions resulting in loss
years from the effective date unless except Federal holidays. of consciousness or seizure, requiring
revoked earlier by FMCSA. The Privacy Act: In accordance with 5 the assistance of another person, or
exemption will be revoked if the U.S.C. 553(c), DOT solicits comments resulting in impaired cognitive function
following occurs: (1) The person fails to from the public to better inform its that occurred without warning
comply with the terms and conditions rulemaking process. DOT posts these symptoms, in the past 12 months and no
of the exemption; (2) the exemption has comments, without edit, including any recurrent (2 or more) severe
resulted in a lower level of safety than personal information the commenter hypoglycemic episodes in the past 5
was maintained prior to being granted; provides, to www.regulations.gov, as years. In each case, an endocrinologist
or (3) continuation of the exemption described in the system of records verified that the driver has
would not be consistent with the goals notice (DOT/ALL–14 FDMS), which can demonstrated a willingness to properly
monitor and manage his/her diabetes
jstallworth on DSK7TPTVN1PROD with NOTICES

and objectives of 49 U.S.C. 31136 and be reviewed at www.dot.gov/privacy.
31315. mellitus, received education related to
II. Background diabetes management, and is on a stable
Issued on: April 17, 2017. On March 7, 2017, FMCSA published insulin regimen. These drivers report no
Larry W. Minor, a notice of receipt of Federal diabetes other disqualifying conditions,
Associate Administrator for Policy. exemption applications from 28 including diabetes-related
[FR Doc. 2017–08196 Filed 4–21–17; 8:45 am] individuals and requested comments complications. Each meets the vision
BILLING CODE 4910–EX–P from the public (82 FR 12881). The requirement at 49 CFR 391.41(b)(10).

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18954 Federal Register / Vol. 82, No. 77 / Monday, April 24, 2017 / Notices

The qualifications and medical VI. Conclusion ACTION:Notice of applications for
condition of each applicant were stated Based upon its evaluation of the 28 exemptions; request for comments.
and discussed in detail in the March 7, exemption applications, FMCSA
2017, Federal Register notice and they SUMMARY: FMCSA announces receipt of
exempts the following drivers from the applications from 10 individuals for
will not be repeated in this notice. diabetes requirement in 49 CFR exemption from the vision requirement
III. Discussion of Comments 391.41(b)(3): in the Federal Motor Carrier Safety
Larry A. Acton (KS) Regulations. They are unable to meet
FMCSA received no comments in this Matthew M. Bauer (MI)
proceeding. the vision requirement in one eye for
Gerald T. Booth (NY) various reasons. The exemptions will
IV. Basis for Exemption Determination Jeremy D. Carpenter (AL) enable these individuals to operate
David L. Carraway (NC)
Under 49 U.S.C. 31136(e) and 31315, Mitchell S. Crites (OH) commercial motor vehicles (CMVs) in
FMCSA may grant an exemption from Martin K. Dennis (PA) interstate commerce without meeting
the diabetes requirement in 49 CFR Ryan E. Dickinson (NY) the prescribed vision requirement in
391.41(b)(3) if the exemption is likely to John T. Edmiston (TX) one eye. If granted, the exemptions
achieve an equivalent or greater level of Malcolm C. Ferriell (IN) would enable these individuals to
safety than would be achieved without Saul Gates, III (TX) qualify as drivers of commercial motor
the exemption. The exemption allows Paul S. Hare (VA) vehicles (CMVs) in interstate commerce.
the applicants to operate CMVs in Jimmie E. Johnson (IN) DATES: Comments must be received on
interstate commerce. Ronald A. Karr (SD) or before May 24, 2017. All comments
David A. Morrill (ME) will be investigated by FMCSA. The
To evaluate the effect of these
Parker L. Pearce (TX) exemptions will be issued the day after
exemptions on safety, FMCSA Raymond L. Ramsey (NH)
considered medical reports about the the comment period closes.
Ronald A. Routh (OK)
applicants’ ITDM and vision, and Sean R. Shakespeare (NV) ADDRESSES: You may submit comments
reviewed the treating endocrinologists’ Ryan B. Silva (MA) bearing the Federal Docket Management
medical opinion related to the ability of Kent A. Smith (KS) System (FDMS) Docket No. FMCSA–
the driver to safely operate a CMV while Zachary C. Smith (MT) 2017–0016 using any of the following
using insulin. Jennifer S. Starr (OR) methods:
Consequently, FMCSA finds that in Benjamin T. Weinheimer, Jr. (TX) • Federal eRulemaking Portal: Go to
each case exempting these applicants Walter D. West (MO) http://www.regulations.gov. Follow the
from the diabetes requirement in 49 CFR John K. Windler (IN) on-line instructions for submitting
391.41(b)(3) is likely to achieve a level Kathy A. Wofford (GA) comments.
of safety equal to that existing without Shawn L. Wood (CO) • Mail: Docket Management Facility;
the exemption. In accordance with 49 U.S.C. 31136(e) U.S. Department of Transportation, 1200
and 31315 each exemption is valid for New Jersey Avenue SE., West Building
V. Conditions and Requirements two years unless revoked earlier by Ground Floor, Room W12–140,
The terms and conditions of the FMCSA. The exemption will be revoked Washington, DC 20590–0001.
exemption will be provided to the if the following occurs: (1) The person • Hand Delivery: West Building
applicants in the exemption document fails to comply with the terms and Ground Floor, Room W12–140, 1200
and they include the following: (1) That conditions of the exemption; (2) the New Jersey Avenue SE., Washington,
each individual submit a quarterly exemption has resulted in a lower level DC, between 9 a.m. and 5 p.m., e.t.,
monitoring checklist completed by the of safety than was maintained before it Monday through Friday, except Federal
treating endocrinologist as well as an was granted; or (3) continuation of the Holidays.
annual checklist with a comprehensive exemption would not be consistent with • Fax: 1–202–493–2251.
medical evaluation; (2) that each the goals and objectives of 49 U.S.C. Instructions: Each submission must
individual reports within 2 business 31136(e) and 31315. If the exemption is include the Agency name and the
days of occurrence, all episodes of still effective at the end of the 2-year docket numbers for this notice. Note
severe hypoglycemia, significant period, the person may apply to FMCSA that all comments received will be
complications, or inability to manage for a renewal under procedures in effect posted without change to http://
diabetes; also, any involvement in an at that time. www.regulations.gov, including any
accident or any other adverse event in Issued on: April 17, 2017. personal information provided. Please
a CMV or personal vehicle, whether or Larry W. Minor, see the Privacy Act heading below for
not it is related to an episode of Associate Administrator for Policy. further information.
hypoglycemia; (3) that each individual Docket: For access to the docket to
[FR Doc. 2017–08194 Filed 4–21–17; 8:45 am]
provide a copy of the ophthalmologist’s read background documents or
BILLING CODE 4910–EX–P
or optometrist’s report to the medical comments, go to http://
examiner at the time of the annual www.regulations.gov at any time or
medical examination; and (4) that each DEPARTMENT OF TRANSPORTATION Room W12–140 on the ground level of
individual provide a copy of the annual the West Building, 1200 New Jersey
medical certification to the employer for Federal Motor Carrier Safety Avenue SE., Washington, DC, between 9
retention in the driver’s qualification a.m. and 5 p.m., e.t., Monday through
jstallworth on DSK7TPTVN1PROD with NOTICES

Administration
file, or keep a copy in his/her driver’s Friday, except Federal holidays. The
qualification file if he/she is self- [Docket No. FMCSA–2017–0016] FDMS is available 24 hours each day,
employed. The driver must also have a 365 days each year. If you want
Qualification of Drivers; Exemption
copy of the certification when driving, acknowledgment that we received your
Applications; Vision
for presentation to a duly authorized comments, please include a self-
Federal, State, or local enforcement AGENCY:Federal Motor Carrier Safety addressed, stamped envelope or
official. Administration (FMCSA), DOT. postcard or print the acknowledgement

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Document Created: 2017-04-22 00:11:18
Document Modified: 2017-04-22 00:11:18

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 April 7, 2017. The exemptions expire on April 7, 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 18953

82 FR 18953 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 77 (April 24, 2017)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration