82 FR 37502 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 82, Issue 153 (August 10, 2017)
Federal Motor Carrier Safety Administration
Federal Register Volume 82, Issue 153 (August 10, 2017)
| Page Range | 37502-37503 | |
| FR Document | 2017-16858 |
[Federal Register Volume 82, Number 153 (Thursday, August 10, 2017)] [Notices] [Pages 37502-37503] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-16858] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA-2017-0035] 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 42 individuals from the prohibition in the Federal Motor Carrier Safety Regulations (FMCSRs) against persons with insulin-treated diabetes mellitus (ITDM) from operating a commercial motor vehicle (CMV) in interstate commerce. The exemptions enable these individuals with ITDM to operate CMVs in interstate commerce. DATES: The exemptions were applicable on July 7, 2017. The exemptions expire on July 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 W64-224, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. 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 http://www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at http://www.dot.gov/privacy. II. Background On June 6, 2017, FMCSA published a notice announcing receipt of applications from 42 individuals requesting an exemption from diabetes requirement in 49 CFR 391.41(b)(3) and requested comments from the public (82 FR 26211). The public comment period ended on July 6, 2017, and no comments were received. FMCSA has evaluated the eligibility of these 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). The physical qualification standard for drivers regarding diabetes found in 49 CFR 391.41(b)(3) states that a person is physically qualified to drive a CMV if that person: Has no established medical history or clinical diagnosis of diabetes mellitus currently requiring insulin for control. 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 standard 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. The Agency's decision regarding these exemption applications is based on the program eligibility criteria and an individualized assessment of information submitted by each applicant. These 42 applicants have had ITDM over a range of 1 to 25 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, experience, and medical condition of each applicant were stated and discussed in detail in the June 6, 2017, Federal Register notice (82 FR 26211) and will not be repeated in this notice. 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 are provided to the applicants in the exemption document and includes the following: (1) Each driver must submit a quarterly monitoring checklist completed by the treating endocrinologist as well as an annual checklist with a comprehensive medical evaluation; (2) each driver must report 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) each driver must 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) each driver must provide a copy of the annual medical certification to the employer for retention in the driver's qualification file, or keeping a copy in his/ her driver's qualification file if he/she is self-employed. The driver must also have a copy of the exemption when driving, for presentation to a duly authorized Federal, State, or local enforcement official. VI. Preemption During the period the exemption is in effect, no State shall enforce any law or regulation that conflicts with this [[Page 37503]] exemption with respect to a person operating under the exemption. VII. Conclusion Based upon its evaluation of the 42 exemption applications, FMCSA exempts the following drivers from the diabetes requirement in 49 CFR 391.41(b)(10), subject to the requirements cited above: Shayne T. Anthony (MD) Steven S. Arrowood (MS) Melyssia V. Auwerda (CO) Jerome Barfield (GA) Grover C. Binkley (TN) Vincent Bongiovanni (MA) Robert H. Branyon (SC) Gary L. Brown (IN) Douglas R. Carr (CA) Gary F. Cartwright (WI) Jeffrey R. Cline (OH) Cheryl L. Coffman (IN) Jay B. Cole (TX) Nicholas B. Cooksey (CA) Michael Csaplik (IA) Karl J. Dence (NY) James R. Diem (PA) Mark W. Eaves (NY) Franklin J. Economy (PA) Ervin L. Elfman, Jr. (KS) Oliver L. Grigsby (VA) Jason Hargrove (NC) Kevin J. Hart (NY) Thomas R. Holland (MD) Martin J. Jones (MA) Robert A. Kurley (PA) Robert I. Leach (VA) Mark A. Long (PA) Micheal D. Lucas (OH) Dagmar L. Osoria Castaneda (CA) Roxanne Pierce (ND) Garry B. Reynolds, Jr. (MI) Jason R. Roberts (KY) Ronald H. Shepherd (OH) Randall D. Shiflett (WV) Teddy D. Smith (OK) Jonathan D. Snudden, Jr. (MO) Maleika A. Swain-Ogilvie (PA) Ashley D. Waite (VT) Delbert A. Walker (PA) Terry L. Watkins (WV) Timothy Zulla (FL) In accordance with 49 U.S.C. 31136(e) and 31315, each exemption will be valid for two years from the effective date 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 prior to being 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. Issued on: August 4, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017-16858 Filed 8-9-17; 8:45 am] BILLING CODE 4910-EX-P
![37502 Federal Register / Vol. 82, No. 153 / Thursday, August 10, 2017 / Notices
the terms and conditions of the www.regulations.gov and/or Room of consciousness or seizure, requiring
exemption; (2) the exemption has W12–140 on the ground level of the the assistance of another person, or
resulted in a lower level of safety than West Building, 1200 New Jersey Avenue resulting in impaired cognitive function
was maintained before it was granted; or SE., Washington, DC, between 9 a.m. that occurred without warning
(3) continuation of the exemption would and 5 p.m., e.t., Monday through Friday, symptoms, in the past 12 months and no
not be consistent with the goals and except Federal holidays. recurrent (two or more) severe
objectives of 49 U.S.C. 31136 and 31315. Privacy Act: In accordance with 5 hypoglycemic episodes in the past five
If the exemption is still effective at the U.S.C. 553(c), DOT solicits comments years. In each case, an endocrinologist
end of the two year period, the person from the public to better inform its verified that the driver has
may apply to FMCSA for a renewal rulemaking process. DOT posts these demonstrated a willingness to properly
under procedures in effect at that time. comments, without edit, including any monitor and manage his/her diabetes
Issued on: August 4, 2017. personal information the commenter mellitus, received education related to
provides, to http://www.regulations.gov, diabetes management, and is on a stable
Larry W. Minor,
as described in the system of records insulin regimen. These drivers report no
Associate Administrator for Policy.
notice (DOT/ALL–14 FDMS), which can other disqualifying conditions,
[FR Doc. 2017–16857 Filed 8–9–17; 8:45 am] including diabetes related
be reviewed at http://www.dot.gov/
BILLING CODE 4910–EX–P privacy. complications. Each meets the vision
requirement at 49 CFR 391.41(b)(10).
II. Background The qualifications, experience, and
DEPARTMENT OF TRANSPORTATION On June 6, 2017, FMCSA published a medical condition of each applicant
notice announcing receipt of were stated and discussed in detail in
Federal Motor Carrier Safety the June 6, 2017, Federal Register notice
applications from 42 individuals
Administration (82 FR 26211) and will not be repeated
requesting an exemption from diabetes
[FMCSA Docket No. FMCSA–2017–0035] requirement in 49 CFR 391.41(b)(3) and in this notice.
requested comments from the public (82 Consequently, FMCSA finds that in
Qualification of Drivers; Exemption FR 26211). The public comment period each case exempting these applicants
Applications; Diabetes Mellitus ended on July 6, 2017, and no from the diabetes requirement in 49 CFR
comments were received. 391.41(b)(3) is likely to achieve a level
AGENCY: Federal Motor Carrier Safety
FMCSA has evaluated the eligibility of safety equal to that existing without
Administration (FMCSA), DOT.
of these applicants and determined that the exemption.
ACTION: Notice of final disposition.
granting the exemptions to these V. Conditions and Requirements
SUMMARY: FMCSA announces its individuals would achieve a level of
safety equivalent to or greater than the The terms and conditions of the
decision to exempt 42 individuals from
level that would be achieved by exemption are provided to the
the prohibition in the Federal Motor
complying with the current regulation applicants in the exemption document
Carrier Safety Regulations (FMCSRs)
49 CFR 391.41(b)(3). and includes the following: (1) Each
against persons with insulin-treated
The physical qualification standard driver must submit a quarterly
diabetes mellitus (ITDM) from operating
for drivers regarding diabetes found in monitoring checklist completed by the
a commercial motor vehicle (CMV) in
49 CFR 391.41(b)(3) states that a person treating endocrinologist as well as an
interstate commerce. The exemptions
is physically qualified to drive a CMV annual checklist with a comprehensive
enable these individuals with ITDM to
if that person: medical evaluation; (2) each driver must
operate CMVs in interstate commerce.
Has no established medical history or report within two business days of
DATES: The exemptions were applicable occurrence, all episodes of severe
clinical diagnosis of diabetes mellitus
on July 7, 2017. The exemptions expire hypoglycemia, significant
currently requiring insulin for control.
on July 7, 2019. complications, or inability to manage
FOR FURTHER INFORMATION CONTACT: Ms. III. Discussion of Comments diabetes; also, any involvement in an
Christine A. Hydock, Chief, Medical FMCSA received no comments in this accident or any other adverse event in
Programs Division, (202) 366–4001, proceeding. a CMV or personal vehicle, whether or
fmcsamedical@dot.gov, FMCSA, not it is related to an episode of
Department of Transportation, 1200 IV. Basis for Exemption Determination hypoglycemia; (3) each driver must
New Jersey Avenue SE., Room W64– Under 49 U.S.C. 31136(e) and 31315, provide a copy of the ophthalmologist’s
224, Washington, DC 20590–0001. FMCSA may grant an exemption from or optometrist’s report to the Medical
Office hours are from 8:30 a.m. to 5 the diabetes standard in 49 CFR Examiner at the time of the annual
p.m., e.t., Monday through Friday, 391.41(b)(3) if the exemption is likely to medical examination; and (4) each
except Federal holidays. If you have achieve an equivalent or greater level of driver must provide a copy of the
questions regarding viewing or safety than would be achieved without annual medical certification to the
submitting material to the docket, the exemption. The exemption allows employer for retention in the driver’s
contact Docket Services, telephone (202) the applicants to operate CMVs in qualification file, or keeping a copy in
366–9826. interstate commerce. his/her driver’s qualification file if he/
SUPPLEMENTARY INFORMATION: The Agency’s decision regarding these she is self-employed. The driver must
exemption applications is based on the also have a copy of the exemption when
I. Electronic Access program eligibility criteria and an driving, for presentation to a duly
mstockstill on DSK30JT082PROD with NOTICES
You may see all the comments online individualized assessment of authorized Federal, State, or local
through the Federal Document information submitted by each enforcement official.
Management System (FDMS) at: http:// applicant.
www.regulations.gov. These 42 applicants have had ITDM VI. Preemption
Docket: For access to the docket to over a range of 1 to 25 years. These During the period the exemption is in
read background documents or applicants report no severe effect, no State shall enforce any law or
comments, go to http:// hypoglycemic reactions resulting in loss regulation that conflicts with this
VerDate Sep<11>2014 17:03 Aug 09, 2017 Jkt 241001 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\10AUN1.SGM 10AUN1](https://thefederalregister.org/doc/82_FR_37655/page/1.svg)
![Federal Register / Vol. 82, No. 153 / Thursday, August 10, 2017 / Notices 37503
exemption with respect to a person DEPARTMENT OF TRANSPORTATION public comment period closed on May
operating under the exemption. 22, 2017, and no comments were
Federal Motor Carrier Safety received.
VII. Conclusion Administration FMCSA has evaluated the eligibility
Based upon its evaluation of the 42 of the 41 applicants and determined that
exemption applications, FMCSA [FMCSA Docket No. FMCSA–2017–0033]
granting the exemptions to these
exempts the following drivers from the individuals would achieve a level of
Qualification of Drivers; Exemption
diabetes requirement in 49 CFR safety equivalent to or greater than the
Applications; Diabetes Mellitus
391.41(b)(10), subject to the level that would be achieved by
requirements cited above: AGENCY: Federal Motor Carrier Safety complying with the current regulation
Shayne T. Anthony (MD) Administration (FMCSA), DOT. 49 CFR 391.41(b)(3).
Steven S. Arrowood (MS) ACTION: Notice of final disposition.
Melyssia V. Auwerda (CO) Diabetes Mellitus and Driving
Jerome Barfield (GA) SUMMARY: FMCSA announces its Experience of the Applicants
Grover C. Binkley (TN) decision to exempt 41 individuals from
Vincent Bongiovanni (MA) The Agency established the current
its rule prohibiting persons with requirement for diabetes in 1970
Robert H. Branyon (SC) insulin-treated diabetes mellitus (ITDM)
Gary L. Brown (IN) because several risk studies indicated
Douglas R. Carr (CA) from operating commercial motor that drivers with diabetes had a higher
Gary F. Cartwright (WI) vehicles (CMVs) in interstate commerce. rate of crash involvement than the
Jeffrey R. Cline (OH) The exemptions enable these general population. The diabetes rule
Cheryl L. Coffman (IN) individuals to operate CMVs in provides that ‘‘A person is physically
Jay B. Cole (TX) interstate commerce. qualified to drive a commercial motor
Nicholas B. Cooksey (CA) DATES: The exemptions were effective vehicle if that person has no established
Michael Csaplik (IA) on May 23, 2017. The exemptions medical history or clinical diagnosis of
Karl J. Dence (NY) expire on May 23, 2019. diabetes mellitus currently requiring
James R. Diem (PA)
Mark W. Eaves (NY) FOR FURTHER INFORMATION CONTACT: Ms. insulin for control’’ (49 CFR
Franklin J. Economy (PA) Christine A. Hydock, Chief, Medical 391.41(b)(3)).
Ervin L. Elfman, Jr. (KS) Programs Division, (202) 366–4001, FMCSA established its diabetes
Oliver L. Grigsby (VA) fmcsamedical@dot.gov, FMCSA, exemption program, based on the
Jason Hargrove (NC) Department of Transportation, 1200 Agency’s July 2000 study entitled ‘‘A
Kevin J. Hart (NY) New Jersey Avenue SE., Room W64– Report to Congress on the Feasibility of
Thomas R. Holland (MD) 113, Washington, DC 20590–0001. a Program to Qualify Individuals with
Martin J. Jones (MA) Office hours are from 8:30 a.m. to 5 p.m. Insulin-Treated Diabetes Mellitus to
Robert A. Kurley (PA) e.t., Monday through Friday, except Operate in Interstate Commerce as
Robert I. Leach (VA) Federal holidays. Directed by the Transportation Act for
Mark A. Long (PA) the 21st Century.’’ The report concluded
Micheal D. Lucas (OH) SUPPLEMENTARY INFORMATION:
Dagmar L. Osoria Castaneda (CA) that a safe and practicable protocol to
I. Electronic Access allow some drivers with ITDM to
Roxanne Pierce (ND)
Garry B. Reynolds, Jr. (MI) You may see all the comments online operate CMVs is feasible. The
Jason R. Roberts (KY) through the Federal Document September 3, 2003 (68 FR 52441),
Ronald H. Shepherd (OH) Management System (FDMS) at: http:// Federal Register notice in conjunction
Randall D. Shiflett (WV) www.regulations.gov. with the November 8, 2005 (70 FR
Teddy D. Smith (OK) Docket: For access to the docket to 67777), Federal Register notice provides
Jonathan D. Snudden, Jr. (MO) read background documents or the current protocol for allowing such
Maleika A. Swain-Ogilvie (PA) comments, go to http:// drivers to operate CMVs in interstate
Ashley D. Waite (VT) commerce.
Delbert A. Walker (PA) www.regulations.gov and/or Room
W12–140 on the ground level of the These 41 applicants have had ITDM
Terry L. Watkins (WV)
Timothy Zulla (FL) West Building, 1200 New Jersey Avenue over a range of 1 to 28 years. These
SE., Washington, DC, between 9 a.m. applicants report no severe
In accordance with 49 U.S.C. 31136(e)
and 5 p.m., e.t., Monday through Friday, hypoglycemic reactions resulting in loss
and 31315, each exemption will be valid
except Federal holidays. of consciousness or seizure, requiring
for two years from the effective date
Privacy Act: In accordance with 5 the assistance of another person, or
unless revoked earlier by FMCSA. The
U.S.C. 553(c), DOT solicits comments resulting in impaired cognitive function
exemption will be revoked if the
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
be reviewed at www.dot.gov/privacy. monitor and manage his/her diabetes
mstockstill on DSK30JT082PROD with NOTICES
and objectives of 49 U.S.C. 31136(e) and
31315. mellitus, received education related to
II. Background diabetes management, and is on a stable
Issued on: August 4, 2017. On April 21, 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 41 including diabetes-related
[FR Doc. 2017–16858 Filed 8–9–17; 8:45 am] individuals and requested comments complications. Each meets the vision
BILLING CODE 4910–EX–P from the public (82 FR 18812). The requirement at 49 CFR 391.41(b)(10).
VerDate Sep<11>2014 17:03 Aug 09, 2017 Jkt 241001 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 E:\FR\FM\10AUN1.SGM 10AUN1](https://thefederalregister.org/doc/82_FR_37655/page/2.svg)
Document Created: 2017-08-10 01:01:22
Document Modified: 2017-08-10 01:01:22
| 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 applicable on July 7, 2017. The exemptions expire on July 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 W64-224, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. | |
| FR Citation | 82 FR 37502 |
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