82 FR 35027 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 143 (July 27, 2017)

Page Range		35027-35029
FR Document		2017-15838

FMCSA announces its decision to exempt 49 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 143 (Thursday, July 27, 2017)

[Federal Register Volume 82, Number 143 (Thursday, July 27, 2017)]
[Notices]
[Pages 35027-35029]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-15838]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0036]


Qualification of Drivers; Exemption Applications; Diabetes 
Mellitus

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces its decision to exempt 49 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 June 27, 2017. The exemptions 
expire on June 27, 2019.

[[Page 35028]]


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 May 26, 2017, FMCSA published a notice of receipt of Federal 
diabetes exemption applications from 49 individuals and requested 
comments from the public (82 FR 24438). The public comment period 
closed on June 26, 2017, and no comments were received.
    FMCSA has evaluated the eligibility of the 49 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 49 applicants have had ITDM over a range of 1 to 33 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 (two 
or more) severe hypoglycemic episodes in the past five 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 May 26, 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 two 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 49 exemption applications, FMCSA 
exempts the following drivers from the diabetes requirement in 49 CFR 
391.41(b)(3):

Craig L. Ambrose (GA)
Manuel R. Arciniega (NM)
Timothy D. Beardain (MS)
Tyler A. Benjamin (AL)
George Bonilla, Jr. (NY)
Stevenson Y. Brooks (GA)
Kevin J. Brown (WI)
Todd C. Burk (AK)
Roy L. Clark, Jr. (NJ)
Scott A. Conwell (IN)
Charles T. Dwyer (MI)
James C. Engle, Jr. (GA)
Adam T. Fitzgerald (LA)
Kevin R. Fowler (WA)
Michael L. Frutiger (OR)
Charles E. Hill (TN)
Galen L. Hoodenpyl (OR)
Robert J. Hughes (PA)
Michael A. Hunt (IA)
Travis P. James (KY)

[[Page 35029]]

Vincent K. Johnson (DC)
Christopher A. King (NY)
Norman L. King (CA)
Harlan E. Kizer (OK)
Peter J. Klepp (ID)
Walter Kube, Jr. (NJ)
Brian J. Lascko (CT)
Samuel B. Layton (DE)
Lance J. Magnuson (NE)
Nicholas A. Marmolejo (NJ)
Lawrence F. McCarthy (MA)
Richard E. McGlashan (FL)
Bryan J. Meyer (WI)
Craig S. Meyer (MO)
Michael J. Miller (IL)
Elwin D. Ness (MN)
Perry L. Ofstad (WI)
Eddie L. Parsons (NC)
Joseph B. Patsch (CA)
Guillermo Ponce (IN)
David G. Reppert (PA)
Timothy L. Salter (AL)
David B. Sanders (MO)
Brandon J. Smith (NY)
Cody J. Swift (NJ)
Geoffrey K. Tarr (TN)
Jonathan L. Trieloff (WI)
Mark A. Williams (LA)
William E. Yoder (PA)

    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 21, 2017.
 Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-15838 Filed 7-26-17; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Notices 35027

In accordance with 49 U.S.C. 31315, electronic mail to oira_submission@ national transportation, and to monitor
each exemption will be valid for two omb.eop.gov, or faxed to (202) 395– company financial stability. The Bureau
years from the effective date unless 6974, or mailed to the Office of of Economic Analysis (BEA) of the U.S.
revoked earlier by FMCSA. The Information and Regulatory Affairs, Department of Commerce uses the data
exemption will be revoked if the Office of Management and Budget, to inform the national annual input-
following occurs: (1) The person fails to Docket Library, Room 10102, 725 17th output and Gross Domestic Product
comply with the terms and conditions Street NW., Washington, DC 20503. (GDP) estimates. BEA uses the data to
of the exemption; (2) the exemption has FOR FURTHER INFORMATION CONTACT: prepare estimates of industry output
resulted in a lower level of safety than Vivian Oliver, Lead Transportation and provide details on inputs to
was maintained prior to being granted; Specialist, Office of Registration and supplement the information on motor
or (3) continuation of the exemption Safety Information, Department of carriers of passengers collected by the
would not be consistent with the goals Transportation, Federal Motor Carrier U.S. Census Bureau.
and objectives of 49 U.S.C. 31136 and Safety Administration, 6th Floor, West In response to the March 16, 2017 60-
31315. Building, 1200 New Jersey Avenue SE., day Federal Register notice (82 FR
Washington, DC 20590–0001. 14103), FMCSA received two comments
Issued on: July 20, 2017.
Telephone: 202–366–2974. Email questioning why the Agency continues
Larry W. Minor, to require the annual report filing by
Associate Administrator for Policy. Address: vivian.oliver@dot.gov. Office
hours are from 9 a.m. to 5 p.m., Monday Class I passenger motor vehicles,
[FR Doc. 2017–15830 Filed 7–26–17; 8:45 am]
through Friday, except Federal despite FMCSA’s statement that the data
BILLING CODE 4910–EX–P
Holidays. is not used by the Agency. FMCSA’s
response to the comments is 49 U.S.C.
SUPPLEMENTARY INFORMATION: 14123 requires that the Agency collect
DEPARTMENT OF TRANSPORTATION Title: Annual Report of Class I Motor such annual financial reports.
Carriers of Passengers. Public Comments Invited: You are
Federal Motor Carrier Safety OMB Control Number: 2126–0031. asked to comment on any aspect of this
Administration Type of Request: Extension of a information collection, including: (1)
[Docket No. FMCSA–2017–0046] currently-approved collection. Whether the proposed collection is
Respondents: Motor Carriers. necessary for FMCSA to perform its
Agency Information Collection Estimated Number of Respondents: functions; (2) the accuracy of the
Activities; Extension of a Currently- 408. estimated burden; (3) ways for FMCSA
Approved Information Collection Estimated Time per Response: 18 to enhance the quality, usefulness, and
Request: Annual Report of Class I minutes. clarity of the collected information; and
Motor Carriers of Passengers Expiration Date: October 31, 2017. (4) ways that the burden could be
Frequency of Response: Annually. minimized without reducing the quality
AGENCY: Federal Motor Carrier Safety Estimated Total Annual Burden: 122 of the collected information.
Administration (FMCSA), DOT. hours (408 responses × 18 minutes per
ACTION: Notice and request for Issued under the authority delegated in 49
response/60 = 122.4 rounded to 122). CFR 1.87 on: July 20, 2017.
comments.
Background G. Kelly Regal,
SUMMARY: In accordance with the Section 14123 of title 49 of the United Associate Administrator for Office of
Paperwork Reduction Act of 1995, Research and Information Technology.
States Code (U.S.C.) requires that the
FMCSA announces its plan to submit Secretary of Transportation collect [FR Doc. 2017–15834 Filed 7–26–17; 8:45 am]
the Information Collection Request (ICR) annual financial reports from certain BILLING CODE 4910–EX–P
described below to the Office of for-hire motor carriers of passengers. All
Management and Budget (OMB) for its Class I for-hire motor carriers of
review and approval. On March 16, passengers, carriers with gross annual DEPARTMENT OF TRANSPORTATION
2017, FMCSA published a Federal operating revenues of $5 million or
Register notice announcing the renewal Federal Motor Carrier Safety
more, are required to complete and file Administration
of an information collection titled, a Motor Carrier Annual Report Form
‘‘Annual Report of Class I Motor MP–1 for Motor Carriers of Passengers [Docket No. FMCSA–2017–0036]
Carriers of Passengers,’’ and FMCSA (Form MP–1). See 49 CFR 369.3(a) and
received two comments. 369.4(a). The Form MP–1 annual report Qualification of Drivers; Exemption
DATES: Please send your comments by will be used to collect financial, Applications; Diabetes Mellitus
August 28, 2017. OMB must receive operating, equipment and employment AGENCY: Federal Motor Carrier Safety
your comments by this date to act data from individual motor carriers of Administration (FMCSA), DOT.
quickly on the ICR. passengers. ACTION: Notice of final disposition.
ADDRESSES: All comments should The data collected will be available to
reference Federal Docket Management users in its original form. The data are SUMMARY: FMCSA announces its
System (FDMS) Docket Number not used by the Department of decision to exempt 49 individuals from
FMCSA–2017–0046. Interested persons Transportation, and, based on a its rule prohibiting persons with
are invited to submit written comments comment to a proposed rule finalized on insulin-treated diabetes mellitus (ITDM)
on the proposed information collection December 17, 2013 (78 FR 76241), the from operating commercial motor
mstockstill on DSK30JT082PROD with NOTICES

to the Office of Information and data are no longer used by trucking vehicles (CMVs) in interstate commerce.
Regulatory Affairs, Office of associations. Insurance companies, The exemptions enable these
Management and Budget. Comments consultants, law firms, academia, trade individuals to operate CMVs in
should be addressed to the attention of publications and others may use the interstate commerce.
the Desk Officer, Department of data to assess industry growth and its DATES: The exemptions were effective
Transportation/Federal Motor Carrier impact on the economy, to identify on June 27, 2017. The exemptions
Safety Administration, and sent via industry changes that may affect expire on June 27, 2019.

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35028 Federal Register / Vol. 82, No. 143 / Thursday, July 27, 2017 / Notices

FOR FURTHER INFORMATION CONTACT: Ms. insulin for control’’ (49 CFR the driver to safely operate a CMV while
Christine A. Hydock, Chief, Medical 391.41(b)(3)). using insulin.
Programs Division, (202) 366–4001, FMCSA established its diabetes Consequently, FMCSA finds that in
fmcsamedical@dot.gov, FMCSA, exemption program, based on the each case exempting these applicants
Department of Transportation, 1200 Agency’s July 2000 study entitled ‘‘A from the diabetes requirement in 49 CFR
New Jersey Avenue SE., Room W64– Report to Congress on the Feasibility of 391.41(b)(3) is likely to achieve a level
113, Washington, DC 20590–0001. a Program to Qualify Individuals with of safety equal to that existing without
Office hours are from 8:30 a.m. to 5 Insulin-Treated Diabetes Mellitus to the exemption.
p.m., E.T., Monday through Friday, Operate in Interstate Commerce as
Directed by the Transportation Act for V. Conditions and Requirements
except Federal holidays.
SUPPLEMENTARY INFORMATION:
the 21st Century.’’ The report concluded The terms and conditions of the
that a safe and practicable protocol to exemption will be provided to the
I. Electronic Access allow some drivers with ITDM to applicants in the exemption document
You may see all the comments online operate CMVs is feasible. The and they include the following: (1) That
through the Federal Document September 3, 2003 (68 FR 52441), each individual submit a quarterly
Management System (FDMS) at: http:// Federal Register notice in conjunction monitoring checklist completed by the
www.regulations.gov. with the November 8, 2005 (70 FR treating endocrinologist as well as an
Docket: For access to the docket to 67777), Federal Register notice provides annual checklist with a comprehensive
read background documents or the current protocol for allowing such medical evaluation; (2) that each
comments, go to http:// drivers to operate CMVs in interstate individual reports within two business
www.regulations.gov and/or Room commerce. days of occurrence, all episodes of
These 49 applicants have had ITDM severe hypoglycemia, significant
W12–140 on the ground level of the
over a range of 1 to 33 years. These complications, or inability to manage
West Building, 1200 New Jersey Avenue
applicants report no severe diabetes; also, any involvement in an
SE., Washington, DC, between 9 a.m.
hypoglycemic reactions resulting in loss accident or any other adverse event in
and 5 p.m., E.T., Monday through
of consciousness or seizure, requiring a CMV or personal vehicle, whether or
Friday, except Federal holidays.
the assistance of another person, or not it is related to an episode of
Privacy Act: In accordance with 5
resulting in impaired cognitive function hypoglycemia; (3) that each individual
U.S.C. 553(c), DOT solicits comments
that occurred without warning provide a copy of the ophthalmologist’s
from the public to better inform its
symptoms, in the past 12 months and no or optometrist’s report to the medical
rulemaking process. DOT posts these
recurrent (two or more) severe examiner at the time of the annual
comments, without edit, including any
hypoglycemic episodes in the past five medical examination; and (4) that each
personal information the commenter
years. In each case, an endocrinologist individual provide a copy of the annual
provides, to www.regulations.gov, as
verified that the driver has medical certification to the employer for
described in the system of records
demonstrated a willingness to properly retention in the driver’s qualification
notice (DOT/ALL–14 FDMS), which can
monitor and manage his/her diabetes file, or keep a copy in his/her driver’s
be reviewed at www.dot.gov/privacy.
mellitus, received education related to qualification file if he/she is self-
II. Background diabetes management, and is on a stable employed. The driver must also have a
insulin regimen. These drivers report no copy of the certification when driving,
On May 26, 2017, FMCSA published
other disqualifying conditions, for presentation to a duly authorized
a notice of receipt of Federal diabetes
including diabetes-related Federal, State, or local enforcement
exemption applications from 49
complications. Each meets the vision official.
individuals and requested comments
requirement at 49 CFR 391.41(b)(10).
from the public (82 FR 24438). The VI. Conclusion
The qualifications and medical
public comment period closed on June Based upon its evaluation of the 49
condition of each applicant were stated
26, 2017, and no comments were exemption applications, FMCSA
and discussed in detail in the May 26,
received. exempts the following drivers from the
2017, Federal Register notice and they
FMCSA has evaluated the eligibility will not be repeated in this notice. diabetes requirement in 49 CFR
of the 49 applicants and determined that 391.41(b)(3):
granting the exemptions to these III. Discussion of Comments
individuals would achieve a level of Craig L. Ambrose (GA)
FMCSA received no comments in this Manuel R. Arciniega (NM)
safety equivalent to or greater than the proceeding. Timothy D. Beardain (MS)
level that would be achieved by Tyler A. Benjamin (AL)
complying with the current regulation IV. Basis for Exemption Determination
George Bonilla, Jr. (NY)
49 CFR 391.41(b)(3). Under 49 U.S.C. 31136(e) and 31315, Stevenson Y. Brooks (GA)
FMCSA may grant an exemption from Kevin J. Brown (WI)
Diabetes Mellitus and Driving
the diabetes requirement in 49 CFR Todd C. Burk (AK)
Experience of the Applicants
391.41(b)(3) if the exemption is likely to Roy L. Clark, Jr. (NJ)
The Agency established the current achieve an equivalent or greater level of Scott A. Conwell (IN)
requirement for diabetes in 1970 safety than would be achieved without Charles T. Dwyer (MI)
because several risk studies indicated the exemption. The exemption allows James C. Engle, Jr. (GA)
that drivers with diabetes had a higher the applicants to operate CMVs in Adam T. Fitzgerald (LA)
mstockstill on DSK30JT082PROD with NOTICES

rate of crash involvement than the interstate commerce. Kevin R. Fowler (WA)
general population. The diabetes rule To evaluate the effect of these Michael L. Frutiger (OR)
provides that ‘‘A person is physically exemptions on safety, FMCSA Charles E. Hill (TN)
qualified to drive a commercial motor considered medical reports about the Galen L. Hoodenpyl (OR)
vehicle if that person has no established applicants’ ITDM and vision, and Robert J. Hughes (PA)
medical history or clinical diagnosis of reviewed the treating endocrinologists’ Michael A. Hunt (IA)
diabetes mellitus currently requiring medical opinion related to the ability of Travis P. James (KY)

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Document Created: 2017-07-27 02:06:57
Document Modified: 2017-07-27 02:06:57

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 June 27, 2017. The exemptions expire on June 27, 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 35027

82 FR 35027 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 143 (July 27, 2017)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration