82 FR 34566 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 82, Issue 141 (July 25, 2017)
Federal Motor Carrier Safety Administration
Federal Register Volume 82, Issue 141 (July 25, 2017)
| Page Range | 34566-34568 | |
| FR Document | 2017-15569 |
[Federal Register Volume 82, Number 141 (Tuesday, July 25, 2017)] [Notices] [Pages 34566-34568] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-15569] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA-2017-0032] Qualification of Drivers; Exemption Applications; Diabetes Mellitus AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT [[Page 34567]] ACTION: Notice of final disposition. ----------------------------------------------------------------------- SUMMARY: FMCSA announces its decision to exempt 43 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 May 13, 2017. The exemptions expire on May 13, 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 April 12, 2017, FMCSA published a notice of receipt of Federal diabetes exemption applications from 43 individuals and requested comments from the public (82 FR 17728). The public comment period closed on May 12, 2017 and one comment was received. FMCSA has evaluated the eligibility of the 43 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 43 applicants have had ITDM over a range of 1 to 30 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 the medical condition of each applicant were stated and discussed in detail in the April 12, 2017, Federal Register notice and they will not be repeated in this notice. III. Discussion of Comments FMCSA received one comment in this proceeding. Mark Skubik stated that he believes ``FMCSA should err on the side of safety'' when making an exemption determination. He also stated that he believes drivers should be required to carry ``at least $2,000,000 in liability insurance beyond the minimal insurance requirements for commercial drivers,'' citing safety concerns. FMCSA sets minimum financial responsibility levels for carriers, based on their operations (general freight, passenger, hazmat, etc.). If a carrier obtains additional insurance, above and beyond the minimum requirements, that is decided by the carrier. FMCSA does not regulate insurance levels of drivers, just the companies and their operations, based on their granted authority. The Agency doesn't feel that drivers should carry additional insurance. FMCSA has reviewed the medical records for each driver in this document and has determined that granting the exemptions will likely achieve a level of safety equal to or greater than that existing without the exemption. 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 [[Page 34568]] 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 43 exemption applications, FMCSA exempts the following drivers from the diabetes requirement in 49 CFR 391.41(b)(3): Lucas L.R. Adams (NE) Ronald E. Allen, Jr. (CA) Kevin N. Blair (KS) Justin D. Bodily (ID) George C. Burbach (CA) Paul T. Caputo (IN) Frederic J. Conti (PA) Joshua L. Crider (MN) Culley R. Despain (MO) Mitchell F. Durkan (CO) Ray A. Espinoza (CA) Christopher J. Fisher (OR) Jacob L. Flatt (OK) Terry Fleharty (NM) Kevin P. Fulcher (MA) Michael F. Fulton (AZ) Ivan R. Grove (PA) Nathaniel M.I. Hicks (OR) Daniel J. Lacroix (MA) Kenneth S. LeColst (MA) John G. Liebl (MN) William E. McClain (IL) Kevon T. McCray (NC) Rodney G. Moore (WA) Brian M. Morel (NJ) Keith E. Newbauer (IN) Herbert L. Redd (IN) Quentin M. Rembert (WI) Philip J. Richard (PA) Lars A. Sandaker (MN) John E. Sargent, Jr. (MA) Kevin R. Sewell (NC) Donald J. Smith (VT) Larry D. Smith (TN) Warren A. Smith (NJ) Daniel J. Spauling (ID) Russell D. Swanson (SD) Scot D. Thompson (NY) Wayne F. Todd (NE) Harold W. Trombly, III (MA) Steven L. Welker (IA) Christopher U. Williams (LA) Craig L. Woodard (OH) 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: July 18, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017-15569 Filed 7-24-17; 8:45 am] BILLING CODE 4910-EX-P
![34566 Federal Register / Vol. 82, No. 141 / Tuesday, July 25, 2017 / Notices
acuity in his right eye is 20/50, and in accumulating 880,000 miles. He holds a indicated in the dates section of the
his left eye, 20/20. Following an Class A CDL from Maine. His driving notice.
examination in 2017, his record for the last three years shows no
IV. Submitting Comments
ophthalmologist stated, ‘‘Mr. Fulp has crashes and no convictions for moving
adequate vision to perform the driving violations in a CMV. You may submit your comments and
tasks to operate a commercial vehicle.’’ material online or by fax, mail, or hand
James R. Robinette delivery, but please use only one of
Mr. Fulp reported that he has driven
straight trucks for 30 years, Mr. Robinette, 25, has had amblyopia these means. FMCSA recommends that
accumulating 300,000 miles and tractor- in his right eye since childhood. The you include your name and a mailing
trailer combinations for 30 years, visual acuity in his right eye is 20/200, address, an email address, or a phone
accumulating 300,000 miles. He holds a and in his left eye, 20/20. Following an number in the body of your document
Class A CDL from North Carolina. His examination in 2017, his optometrist so that FMCSA can contact you if there
driving record for the last three years stated, ‘‘Based on these findings, Mr. are questions regarding your
shows one crash and no convictions for Robinette has sufficient vision to submission.
moving violations in a CMV. operate a commercial vehicle.’’ Mr. To submit your comment online, go to
Robinette reported that he has driven http://www.regulations.gov and in the
Edward P. Hutton
straight trucks for four years, search box insert the docket number
Mr. Hutton, 60, has had amblyopia in accumulating 3,120 miles. He holds a FMCSA–2017–0020 and click the search
his left eye since childhood. The visual Class B CDL from Virginia. His driving button. When the new screen appears,
acuity in his right eye is 20/20, and in record for the last three years shows no click on the blue ‘‘Comment Now!’’
his left eye, counting fingers. Following crashes and no convictions for moving button on the right hand side of the
an examination in 2017, his violations in a CMV. page. On the new page, enter
ophthalmologist stated, ‘‘His OS is information required including the
amblyopic and lifelong. If he has James Tucker
specific section of this document to
performed well as a commercial driver Mr. Tucker, 57, has a prosthetic left which each comment applies, and
in the past, he should continue to do eye due to a traumatic incident in provide a reason for each suggestion or
so.’’ Mr. Hutton reported that he has childhood. The visual acuity in his right recommendation. If you submit your
driven straight trucks for 14 years, eye is 20/20, and in his left eye, no light comments by mail or hand delivery,
accumulating 175,000 miles. He holds a perception. Following an examination submit them in an unbound format, no
Class A CDL from Idaho. His driving in 2017, his optometrist stated, ‘‘It is our larger than 81⁄2 by 11 inches, suitable for
record for the last three years shows no opinion that your visual abilities are copying and electronic filing. If you
crashes and no convictions for moving adequate for driving a commercial submit comments by mail and would
violations in a CMV. vehicle.’’ Mr. Tucker reported that he like to know that they reached the
has driven straight trucks for three facility, please enclose a stamped, self-
Stephen McLaren
years, accumulating 63,000 miles. He addressed postcard or envelope.
Mr. McLaren, 33, has had amblyopia holds a Class A CDL from Tennessee. We will consider all comments and
in his left eye since childhood. The His driving record for the last three material received during the comment
visual acuity in his right eye is 20/20, years shows no crashes and no period. FMCSA may issue a final
and in his left eye, 20/80. Following an convictions for moving violations in a determination at any time after the close
examination in 2016, his optometrist CMV. of the comment period.
stated, ‘‘Based on today’s examination,
it is my opinion that Stephen McLaren’s Alvin White V. Viewing Comments and Documents
refractive amblyopia in the left eye is Mr. White, 61, has an enucleated left To view comments, as well as any
stable and will not prevent him from eye due to a traumatic incident in documents mentioned in this preamble,
driving tasks necessary to operate a childhood. The visual acuity in his right go to http://www.regulations.gov and in
commercial vehicle.’’ Mr. McLaren eye is 20/15, and in his left eye, no light the search box insert the docket number
reported that he has driven straight perception. Following an examination FMCSA–2017–0020 and click ‘‘Search.’’
trucks for five years, accumulating in 2017, his optometrist stated, ‘‘It is my Next, click ‘‘Open Docket Folder’’ and
36,000 miles. He holds a Class B CDL opinion that Mr. Alvin White has you will find all documents and
from Tennessee. His driving record for sufficient vision to perform the driving comments related to this notice.
the last three years shows no crashes tasks required to operate a commercial
and no convictions for moving vehicle.’’ Mr. White reported that he has Issued on: July 18, 2017.
violations in a CMV. driven straight trucks for six years, Larry W. Minor,
accumulating 60,000 miles and tractor- Associate Administrator for Policy.
Robert E. Richards
trailer combinations for six years, [FR Doc. 2017–15571 Filed 7–24–17; 8:45 am]
Mr. Richards, 31, has had amblyopia accumulating 600 miles. He holds a BILLING CODE 4910–EX–P
in his right eye since birth. The visual Class A CDL from Tennessee. His
acuity in his right eye is 20/100, and in driving record for the last three years
his left eye, 20/20. Following an shows no crashes and no convictions for DEPARTMENT OF TRANSPORTATION
examination in 2017, his optometrist moving violations in a CMV.
stated, ‘‘In my medical opinion Mr. Federal Motor Carrier Safety
Richards has sufficient vision to III. Request for Comments Administration
mstockstill on DSK30JT082PROD with NOTICES
perform the driving tasks required to In accordance with 49 U.S.C. 31136(e)
operate a commercial vehicle and his and 31315, FMCSA requests public [FMCSA Docket No. FMCSA–2017–0032]
visual deficiency is stable.’’ Mr. comment from all interested persons on Qualification of Drivers; Exemption
Richards reported that he has driven the exemption petitions described in Applications; Diabetes Mellitus
straight trucks for two years, this notice. We will consider all
accumulating 50,000 miles, and tractor- comments and material received before AGENCY:Federal Motor Carrier Safety
trailer combinations for 11 years, the close of business on the closing date Administration (FMCSA), DOT
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![34568 Federal Register / Vol. 82, No. 141 / Tuesday, July 25, 2017 / Notices
or optometrist’s report to the medical fails to comply with the terms and ADDRESSES: All comments should
examiner at the time of the annual conditions of the exemption; (2) the reference Federal Docket Management
medical examination; and (4) that each exemption has resulted in a lower level System (FDMS) Docket Number
individual provide a copy of the annual of safety than was maintained before it FMCSA–2017–0045. Interested persons
medical certification to the employer for was granted; or (3) continuation of the are invited to submit written comments
retention in the driver’s qualification exemption would not be consistent with on the proposed information collection
file, or keep a copy in his/her driver’s the goals and objectives of 49 U.S.C. to the Office of Information and
qualification file if he/she is self- 31136(e) and 31315. If the exemption is Regulatory Affairs, Office of
employed. The driver must also have a still effective at the end of the 2-year Management and Budget. Comments
copy of the certification when driving, period, the person may apply to FMCSA should be addressed to the attention of
for presentation to a duly authorized for a renewal under procedures in effect the Desk Officer, Department of
Federal, State, or local enforcement at that time. Transportation/Federal Motor Carrier
official. Issued on: July 18, 2017. Safety Administration, and sent via
Larry W. Minor,
electronic mail to oira_submission@
VI. Conclusion
omb.eop.gov, or faxed to (202) 395–
Based upon its evaluation of the 43 Associate Administrator for Policy.
6974, or mailed to the Office of
exemption applications, FMCSA [FR Doc. 2017–15569 Filed 7–24–17; 8:45 am]
Information and Regulatory Affairs,
exempts the following drivers from the BILLING CODE 4910–EX–P Office of Management and Budget,
diabetes requirement in 49 CFR Docket Library, Room 10102, 725 17th
391.41(b)(3): Street NW., Washington, DC 20503.
DEPARTMENT OF TRANSPORTATION
Lucas L.R. Adams (NE) FOR FURTHER INFORMATION CONTACT: Tura
Ronald E. Allen, Jr. (CA) Federal Motor Carrier Safety Gatling, Office of Registration,
Kevin N. Blair (KS) Administration Information and Licensing, Department
Justin D. Bodily (ID) of Transportation, OA, West Building
George C. Burbach (CA) [Docket No. FMCSA–2017–0045]
6th Floor, 1200 New Jersey Avenue SE.,
Paul T. Caputo (IN) Washington, DC 20590. Telephone:
Frederic J. Conti (PA) Agency Information Collection
Activities; Extension of a Currently- 202–385–2412; email tura.gatling@
Joshua L. Crider (MN) dot.gov. Office hours are from 9 a.m. to
Culley R. Despain (MO) Approved Information Collection
Request: Revocation of Authority 5 p.m., Monday through Friday, except
Mitchell F. Durkan (CO) Federal Holidays.
Ray A. Espinoza (CA) Granted
SUPPLEMENTARY INFORMATION:
Christopher J. Fisher (OR) AGENCY: Federal Motor Carrier Safety Title: Request for Extension for
Jacob L. Flatt (OK) Administration (FMCSA), DOT. Revocation of Authority Granted.
Terry Fleharty (NM) ACTION: Notice and request for OMB Control Number: 2126–0018.
Kevin P. Fulcher (MA) comments. Type of Request: Extension of a
Michael F. Fulton (AZ) currently approved collection.
Ivan R. Grove (PA) SUMMARY: In accordance with the Respondents: For-hire motor carriers
Nathaniel M.I. Hicks (OR) Paperwork Reduction Act of 1995, or regulated commodities, surface
Daniel J. Lacroix (MA) FMCSA announces its plan to submit freight forwarders, and property brokers.
Kenneth S. LeColst (MA) the Information Collection Request (ICR) Estimated Number of Respondents:
John G. Liebl (MN) described below to the Office of 3,501.
William E. McClain (IL) Management and Budget (OMB) for Estimated Time per Response: 0.25
Kevon T. McCray (NC) review and approval. FMCSA requests hours.
Rodney G. Moore (WA) approval to extend an ICR titled, Expiration Date: July 31, 2017.
Brian M. Morel (NJ) ‘‘Request Extension for Revocation of Frequency of Response: On occasion.
Keith E. Newbauer (IN) Authority Granted.’’ This information Estimated Total Annual Burden: 875
Herbert L. Redd (IN) collection supports the DOT strategic hours [3,501 responses × 0.25 hour =
Quentin M. Rembert (WI) goal of safety by enabling registrants to 875].
Philip J. Richard (PA) voluntarily request revocation of
Lars A. Sandaker (MN) operating authority, or some part of that Background
John E. Sargent, Jr. (MA) authority. A completed Form OCE–46 is FMCSA registers for-hire motor
Kevin R. Sewell (NC) filed with FMCSA by the registrant for carriers of regulated commodities under
Donald J. Smith (VT) requesting that all, or a part, of its 49 U.S.C. 13902, surface freight
Larry D. Smith (TN) operating authority be revoked. The forwarders under 49 U.S.C. 13903, and
Warren A. Smith (NJ) information contained on the form is property brokers under 49 U.S.C. 13904.
Daniel J. Spauling (ID) used by FMCSA in deciding on the Each registration is effective from the
Russell D. Swanson (SD) revocation request. The use of Form date specified under 49 U.S.C. 13905(c).
Scot D. Thompson (NY) OCE–46 has proven to be an easy and Subsection (d) of 49 U.S.C. 13905 also
Wayne F. Todd (NE) effective means by which a registrant provides that on application of the
Harold W. Trombly, III (MA) can request revocation of its operating registrant, the Secretary may amend or
Steven L. Welker (IA) authority. No comments were received revoke a registration, and hence the
mstockstill on DSK30JT082PROD with NOTICES
Christopher U. Williams (LA) in response to the 60-day notice registrant’s operating authority. Form
Craig L. Woodard (OH) published in the Federal Register on OCE–46 allows registrants to apply
In accordance with 49 U.S.C. 31136(e) March 22, 2017 (82 FR 14792). voluntarily for revocation of their
and 31315 each exemption is valid for DATES: Please send your comments by operating authority or parts thereof. If
two years unless revoked earlier by August 24, 2017. OMB must receive the registrant fails to maintain evidence
FMCSA. The exemption will be revoked your comments by this date to act of the required level of insurance
if the following occurs: (1) The person quickly on the ICR. coverage on file with FMCSA, its
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Document Created: 2018-10-24 11:21:57
Document Modified: 2018-10-24 11:21:57
| 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 May 13, 2017. The exemptions expire on May 13, 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 34566 |
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