82 FR 43808 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 82, Issue 180 (September 19, 2017)
Federal Motor Carrier Safety Administration
Federal Register Volume 82, Issue 180 (September 19, 2017)
| Page Range | 43808-43809 | |
| FR Document | 2017-19907 |
[Federal Register Volume 82, Number 180 (Tuesday, September 19, 2017)] [Notices] [Pages 43808-43809] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-19907] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA-2017-0037] 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 29 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, fmcsamedical@dot.gov, 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 29 individuals requesting an exemption from diabetes requirement in 49 CFR 391.41(b)(3) and requested comments from the public (82 FR 26226). 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 29 applicants have had ITDM over a range of 1 to 37 years. These applicants report no severe hypoglycemic reactions resulting in loss of consciousness or seizure, requiring [[Page 43809]] 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 26226) 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 exemption with respect to a person operating under the exemption. VII. Conclusion Based upon its evaluation of the 29 exemption applications, FMCSA exempts the following drivers from the diabetes requirement in 49 CFR 391.41(b)(10), subject to the requirements cited above: Tyler J. Bren (ND) Charlie H. Brown, Jr. (GA) Ajax A. Castro (FL) Robert J. Conklin (PA) Luke S. Davidson (CA) Joseph R. DePra (IN) Joseph P. Finan (RI) Luis Garcia (NJ) Eric E.T. Gheen (OH) Aron A. Hanson (IL) Tyler J. Hanson (ID) Antonio K. Hoes (MD) Ronald O. Knighten (WA) Stephen P. Koons (PA) Angel Luna (PA) David Mills (NH) Kenneth J. Moe (MN) James L. Pearson (NY) Walter R. Rentsch (SD) Richard D. Revere (PA) Redmond L. Riley (NC) James H. Roth, Jr. (PA) Stephen R. Shaffer (KS) Matthew J. Thornton (OR) Michael H. Trayah (VT) William Wagstaff, 3rd (MD) Craig A. Wildenberg (WI) Ronald E. Wulf (MN) Samuel K. Zeweldie (GA) 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: September 13, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017-19907 Filed 9-18-17; 8:45 am] BILLING CODE 4910-EX-P
![43808 Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Notices
Willis Tower 233 S. Wacker Drive, statements at the meeting. Persons W12–140 on the ground level of the
Metropolitan Club, 66th Floor, Oak wishing to present statements or obtain West Building, 1200 New Jersey Avenue
Room, Chicago, Illinois 60606. information should contact the person SE., Washington, DC, between 9 a.m.
FOR FURTHER INFORMATION CONTACT: listed in the FOR FURTHER INFORMATION and 5 p.m., E.T., Monday through
Andy Cebula, NAC Secretariat, (202) CONTACT section. Members of the public Friday, except Federal holidays.
330–0652, acebula@rtca.org, 1150 18 may present a written statement to the Privacy Act: In accordance with 5
Street NW., Suite 910, Washington, DC committee at any time. U.S.C. 553(c), DOT solicits comments
20036, or by fax at (202) 833–9434, or Issued in Washington, DC, on September from the public to better inform its
Web site at http://www.rtca.org. 14, 2017. rulemaking process. DOT posts these
SUPPLEMENTARY INFORMATION: Pursuant Mohannad Dawoud, comments, without edit, including any
to section 10(a)(2) of the Federal personal information the commenter
Management & Program Analyst, Partnership
Advisory Committee Act (Pub. L. 92– Contracts Branch, ANG–A17, NextGen, provides, to http://www.regulations.gov,
463, 5 U.S.C., App.), notice is hereby Procurement Services Division. as described in the system of records
given for a meeting of the Twenty [FR Doc. 2017–19892 Filed 9–14–17; 4:15 pm]
notice (DOT/ALL–14 FDMS), which can
Second Meeting of the NextGen be reviewed at http://www.dot.gov/
BILLING CODE 4910–13–P
Advisory Committee (NAC). The agenda privacy.
will include the following: II. Background
DEPARTMENT OF TRANSPORTATION
October 4, 2017 9:00 a.m.–2:00 p.m. On June 6, 2017, FMCSA published a
Federal Motor Carrier Safety notice announcing receipt of
1. Opening of Meeting/Introduction of
Administration applications from 29 individuals
NAC Members—Chairman David
requesting an exemption from diabetes
Bronczek [FMCSA Docket No. FMCSA–2017–0037] requirement in 49 CFR 391.41(b)(3) and
2. Official Statement of Designated
requested comments from the public (82
Federal Officer—Dan Elwell, FAA Qualification of Drivers; Exemption
FR 26226). The public comment period
Deputy Administrator Applications; Diabetes Mellitus
ended on July 6, 2017, and no
3. Review and Approval of June 28,
AGENCY: Federal Motor Carrier Safety comments were received.
2017 Meeting Summary and
Administration (FMCSA), DOT. FMCSA has evaluated the eligibility
Revised Terms of Reference
ACTION: Notice of final disposition.
of these applicants and determined that
4. Chairman’s Report—Chairman
granting the exemptions to these
Bronczek
SUMMARY: FMCSA announces its individuals would achieve a level of
5. FAA Report—FAA
decision to exempt 29 individuals from safety equivalent to or greater than the
6. Making Single European Sky ATM
the prohibition in the Federal Motor level that would be achieved by
Research (SESAR) a Performing
Carrier Safety Regulations (FMCSRs) complying with the current regulation
Operational Reality
against persons with insulin-treated 49 CFR 391.41(b)(3).
7. Northeast Corridor Phase Two
diabetes mellitus (ITDM) from operating The physical qualification standard
Tasking—Interim Report; Action
a commercial motor vehicle (CMV) in for drivers regarding diabetes found in
Item: Consideration for Approval
interstate commerce. The exemptions 49 CFR 391.41(b)(3) states that a person
8. Joint Analysis Team—Boston
enable these individuals with ITDM to is physically qualified to drive a CMV
Optimized Profile Descent/
operate CMVs in interstate commerce. if that person:
DataComm Benefits Assessment—
Final Report; Action Item: DATES: The exemptions were applicable Has no established medical history or
Consideration for Approval on July 7, 2017. The exemptions expire clinical diagnosis of diabetes mellitus
9. Regional Airline Equipage on July 7, 2019. currently requiring insulin for control.
10. NextGen Priorities Status—NextGen FOR FURTHER INFORMATION CONTACT: Ms. III. Discussion of Comments
Integration Working Group (NIWG): Christine A. Hydock, Chief, Medical FMCSA received no comments in this
Performance Based Navigation Programs Division, (202) 366–4001, proceeding.
(PBN), Data Communications, fmcsamedical@dot.gov, FMCSA,
Surface Operations & Data Sharing, Department of Transportation, 1200 IV. Basis for Exemption Determination
Multiple Runway Operations; New Jersey Avenue SE., Room W64– Under 49 U.S.C. 31136(e) and 31315,
Action Item: Consideration for 224, Washington, DC 20590–0001. FMCSA may grant an exemption from
Approval of 2017 NextGen Office hours are from 8:30 a.m. to 5 the diabetes standard in 49 CFR
Priorities Joint Implementation Plan p.m., E.T., Monday through Friday, 391.41(b)(3) if the exemption is likely to
11. Equipage Status except Federal holidays. If you have achieve an equivalent or greater level of
12. Other business questions regarding viewing or safety than would be achieved without
13. Summary of Meeting and next steps submitting material to the docket, the exemption. The exemption allows
14. Closing Comments—DFO and NAC contact Docket Services, telephone (202) the applicants to operate CMVs in
Chairman 366–9826. interstate commerce.
15. Adjourn SUPPLEMENTARY INFORMATION: The Agency’s decision regarding these
Although the NAC meeting is open to exemption applications is based on the
I. Electronic Access
asabaliauskas on DSKBBXCHB2PROD with NOTICES
the public, the meeting location has program eligibility criteria and an
limited space and security protocols You may see all the comments online individualized assessment of
that require advanced registration. To through the Federal Document information submitted by each
attend: Please email bteel@rtca.org with Management System (FDMS) at: http:// applicant.
name, company, and phone number www.regulations.gov. These 29 applicants have had ITDM
contact to pre-register no later than Docket: For access to the docket to over a range of 1 to 37 years. These
September 25, 2017. read background documents or applicants report no severe
With the approval of the chairman, comments, go to http:// hypoglycemic reactions resulting in loss
members of the public may present oral www.regulations.gov and/or Room of consciousness or seizure, requiring
VerDate Sep<11>2014 17:12 Sep 18, 2017 Jkt 241001 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1](https://thefederalregister.org/doc/82_FR_43988/page/1.svg)
![Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Notices 43809
the assistance of another person, or exemption with respect to a person DEPARTMENT OF TRANSPORTATION
resulting in impaired cognitive function operating under the exemption.
that occurred without warning Federal Motor Carrier Safety
VII. Conclusion Administration
symptoms, in the past 12 months and no
recurrent (two or more) severe Based upon its evaluation of the 29
hypoglycemic episodes in the past five exemption applications, FMCSA [Docket No. FMCSA–2006–26367]
years. In each case, an endocrinologist exempts the following drivers from the
verified that the driver has diabetes requirement in 49 CFR Medical Review Board (MRB) Meeting:
demonstrated a willingness to properly 391.41(b)(10), subject to the Public Meeting
monitor and manage his/her diabetes requirements cited above:
mellitus, received education related to AGENCY:Federal Motor Carrier Safety
diabetes management, and is on a stable Tyler J. Bren (ND) Administration (FMCSA), DOT.
insulin regimen. These drivers report no Charlie H. Brown, Jr. (GA) ACTION:Announcement of advisory
other disqualifying conditions, Ajax A. Castro (FL) committee public meeting.
including diabetes related
complications. Each meets the vision Robert J. Conklin (PA) SUMMARY: FMCSA announces a meeting
requirement at 49 CFR 391.41(b)(10). Luke S. Davidson (CA) of its Medical Review Board (MRB) on
The qualifications, experience, and Joseph R. DePra (IN) Tuesday and Wednesday, September
medical condition of each applicant 26–27, 2017. The MRB will make
Joseph P. Finan (RI)
were stated and discussed in detail in recommendations to the Agency on the
the June 6, 2017, Federal Register notice Luis Garcia (NJ) revision of the Agency’s handbook for
(82 FR 26226) and will not be repeated Eric E.T. Gheen (OH) medical examiners (ME) who are on the
in this notice. Aron A. Hanson (IL) National Registry of Certified Medical
Consequently, FMCSA finds that in Examiners (National Registry), for their
Tyler J. Hanson (ID) use in evaluating interstate commercial
each case exempting these applicants
from the diabetes requirement in 49 CFR Antonio K. Hoes (MD) motor vehicle (CMV) drivers for a
391.41(b)(3) is likely to achieve a level Ronald O. Knighten (WA) medical qualification determination.
of safety equal to that existing without Additionally, the MRB will review the
Stephen P. Koons (PA) Agency’s current advisory and
the exemption.
Angel Luna (PA) exemption program criteria concerning
V. Conditions and Requirements individuals taking anti-seizure
David Mills (NH)
The terms and conditions of the medication and identify factors the
Kenneth J. Moe (MN)
exemption are provided to the Agency should consider for potential
applicants in the exemption document James L. Pearson (NY) regulatory actions that would eliminate
and includes the following: (1) Each Walter R. Rentsch (SD) the need for granting exemptions. The
driver must submit a quarterly Richard D. Revere (PA) meeting is open to the public for its
monitoring checklist completed by the entirety. The public will be allowed to
Redmond L. Riley (NC) comment during the proceedings.
treating endocrinologist as well as an
annual checklist with a comprehensive James H. Roth, Jr. (PA) DATES: The meeting will be held on
medical evaluation; (2) each driver must Stephen R. Shaffer (KS) Tuesday and Wednesday, September
report within two business days of Matthew J. Thornton (OR) 26–27, 2017, from 9:15 a.m. to 4:30
occurrence, all episodes of severe p.m., Eastern Daylight Time (E.T.), at
hypoglycemia, significant Michael H. Trayah (VT)
the FMCSA National Training Center,
complications, or inability to manage William Wagstaff, 3rd (MD) 1310 N. Courthouse Road, Arlington,
diabetes; also, any involvement in an Craig A. Wildenberg (WI) VA, 6th Floor. Copies of the task
accident or any other adverse event in statement and an agenda for the entire
Ronald E. Wulf (MN)
a CMV or personal vehicle, whether or meeting will be made available in
not it is related to an episode of Samuel K. Zeweldie (GA) advance of the meeting at
hypoglycemia; (3) each driver must In accordance with 49 U.S.C. 31136(e) www.fmcsa.dot.gov/mrb.
provide a copy of the ophthalmologist’s and 31315, each exemption will be valid
or optometrist’s report to the Medical FOR FURTHER INFORMATION CONTACT: Ms.
for two years from the effective date Shannon L. Watson, Senior Advisor to
Examiner at the time of the annual unless revoked earlier by FMCSA. The
medical examination; and (4) each the Associate Administrator for Policy,
exemption will be revoked if the Federal Motor Carrier Safety
driver must provide a copy of the following occurs: (1) The person fails to
annual medical certification to the Administration, U.S. Department of
comply with the terms and conditions Transportation, 1200 New Jersey
employer for retention in the driver’s of the exemption; (2) the exemption has
qualification file, or keeping a copy in Avenue SE., Washington, DC 20590,
resulted in a lower level of safety than (202) 366–5221, mrb@dot.gov.
his/her driver’s qualification file if he/ was maintained prior to being granted;
she is self-employed. The driver must or (3) continuation of the exemption Services for Individuals With
asabaliauskas on DSKBBXCHB2PROD with NOTICES
also have a copy of the exemption when would not be consistent with the goals Disabilities
driving, for presentation to a duly and objectives of 49 U.S.C. 31136(e) and
authorized Federal, State, or local For information on facilities or
31315. services for individuals with disabilities
enforcement official.
Issued on: September 13, 2017. or to request special assistance at the
VI. Preemption Larry W. Minor, meeting, contact Eran Segev at (617)
During the period the exemption is in Associate Administrator for Policy. 494–3174, eran.segev@dot.gov, by
effect, no State shall enforce any law or [FR Doc. 2017–19907 Filed 9–18–17; 8:45 am] Wednesday, September 20.
regulation that conflicts with this BILLING CODE 4910–EX–P SUPPLEMENTARY INFORMATION:
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Document Created: 2018-10-24 14:17:46
Document Modified: 2018-10-24 14:17:46
| 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 43808 |
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