82 FR 49926 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 82, Issue 207 (October 27, 2017)
Federal Motor Carrier Safety Administration
Federal Register Volume 82, Issue 207 (October 27, 2017)
| Page Range | 49926-49928 | |
| FR Document | 2017-23345 |
[Federal Register Volume 82, Number 207 (Friday, October 27, 2017)] [Notices] [Pages 49926-49928] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-23345] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA-2017-0039] 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 89 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 September 12, 2017. The exemptions expire on September 12, 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 [[Page 49927]] 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 August 10, 2017, FMCSA published a notice announcing receipt of applications from 89 individuals requesting an exemption from diabetes requirement in 49 CFR 391.41(b)(3) and requested comments from the public (82 FR 37486). The public comment period ended on September 11, 2017, and three 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 three comments in this proceeding. An anonymous commenter stated that they are in favor of granting ``Greg'' an exemption because he properly manages his diabetes. There are four Gregory's listed in this Federal Register and there was no distinction of which Gregory this comment supported. An anonymous commenter stated that they believe hypoglycemia is a risk and they are against allowing Diabetic CDL drivers an exemption without the use of a glucose sensing pump. Currently, the insulin method of delivery is a decision between the driver and their treating physician. Vicky Johnson stated that Minnesota DVS is in favor of granting exemptions to Bruce A. Freiermuth and Edward R. Gitz, both of whom are drivers from Minnesota. 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. The qualifications, experience, and medical condition of each applicant were stated and discussed in detail in the August 10, 2017 Federal Register notice (82 FR 37486) and will not be repeated in this notice. These 89 applicants have had ITDM over a range of one to 34 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). 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. IV. 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. V. 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. VI. Conclusion Based upon its evaluation of the 89 exemption applications, FMCSA exempts the following drivers from the diabetes requirement in 49 CFR 391.41(b)(10), subject to the requirements cited above: James W. Ackerson (AZ) Harry R. Albright (PA) Pablo Alduende (NJ) Abe C. Applewhite (VA) William L. Bacon (WA) Eric M. Ballard (IN) Thomas R. Bingham (MT) Harley E. Boone (ID) Raymond P. Boskat, Sr. (NY) Kevin M. Bruton, Jr. (NY) Dylan J. Bryan (IL) Vincente Burciaga (TX) Roger E. Burkholder (IL) James M. Butcher (IA) Dino Chapman (TN) Glen C. Davis (TN) Glenn W. Davis (VA) Jimmy D. Davis (MO) Michael J. Dunnuck (CA) Billy R. Edge (AL) Craig Elgard (NJ) Filiberto Espinoza (CA) Julieanne Estes (NH) Burl W. Fant (TX) Grant E. Featherly (NY) Ross G. Fogg, Jr. (NJ) Damon M. Free (GA) Raymond J. Freeman (TX) Bruce A. Freiermuth (MN) Alvin Frith (PA) Eric T. George (TX) Edward R. Gitz (MN) William E. Glaster (NM) Gregory C. Habel (ID) Kevin O. Hansen (ID) Richard A. Hanson (NJ) John J. Hoeke (SD) Howard R. Hudson (IL) [[Page 49928]] Michael T. Ilk (IN) Ronald A. Jessop (RI) Patrick A. Kelly (NC) Vera M. Kipper (MO) William A. Kitchens (GA) Jerry R. Knight (WY) Dick R. Kobayashi, Jr. (OR) Roger P. Kukowski (WI) Robert E. Lay (WA) Gregory N. Lorenzi (WA) Jake P. Mahoney (NY) Ignatius Martin (NJ) Ricky L. McCloskey (NE) Carroll L. McCraw (NC) Micah L. McDowell (NC) Lonnell K. McKee (MO) Kevin M. McKenna (MA) Timothy S. Miller (WI) Sammy Mouzone, Jr. (MI) Timothy J. Mulvihill (SD) Gregory J. Nixon (IN) Anthony J. Njoroge (GA) Robert N. Oakliff (CT) Radame Perez (NY) Gordon M. Peterson (IA) Larry R. Predmore (PA) Eric E. Ray (RI) Angelo A. Reynoso (NJ) Donald V. Rhoten, Jr. (MD) William Rosado (NY) Ryan M. Rosane (NE) Solomon Rosenberg (NY) James M. Roth (IN) Robert J. Schlachter (IN) D.S. Schneeberger (NY) Robert F. Seiple (PA) David M. Sheeran (NY) John F. Smith (RI) Mark E. Smith (PA) Harley T. Steck (MO) Ross M. Stirling (NV) Dennis W. Thompson (WI) Jose F. Toledo (OR) Wayne A. Toms, Sr. (PA) Gregory D. Vang (NE) Charles H. Wainwright (NC) Wayne G. Warren, Jr. (PA) John G. Weinhofer (PA) Grant E. Whetzel (SD) Roger W. Yellow Boy (SD) Richard L. Zelesket (MI) 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: October 18, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017-23345 Filed 10-26-17; 8:45 am] BILLING CODE 4910-EX-P
![49926 Federal Register / Vol. 82, No. 207 / Friday, October 27, 2017 / Notices
• Subjective sleepiness ratings, using rules, which he felt should never have information collection, including: (1)
the Karolinska Sleepiness Scale (KSS),4 been changed in 2003. He felt that the Whether the proposed collection is
to measure drivers’ perceptions of their HOS needed to be changed and re- necessary for the FMCSA to perform its
fatigue levels. evaluated for every different division of functions; (2) the accuracy of the
• Sleep logs, in which drivers will CMVs, but did express support of estimated burden; (3) ways for the
document when they are going to sleep, flexibility in sleeper berth times. FMCSA to enhance the quality,
when they wake up, and whether they FMCSA appreciates this commenter usefulness, and clarity of the collected
are using the sleeper berth. For split- taking the time to provide feedback on information; and (4) ways that the
sleep days, drivers will record how and the HOS rules, but felt that this burden could be minimized without
why they chose to split their sleep. comment went beyond the scope of this reducing the quality of the collected
Other information that may be pilot program; however, the Agency information.
needed, such as vehicle miles traveled appreciates his support of allowing a Issued under the authority delegated in 49
(VMT), will also be collected through flexible sleeper berth pilot program to CFR 1.87 on October 20, 2017.
the participating carrier. Every effort move forward. G. Kelly Regal,
will be made to reduce the burden on The remaining three commenters Associate Administrator for Office of
the carrier in collecting and reporting were supportive of the proposed Pilot Research and Information Technology.
this data. Program and proposed information [FR Doc. 2017–23350 Filed 10–26–17; 8:45 am]
III. Paperwork Reduction Act collection, and expressed an opinion
BILLING CODE 4910–EX–P
that this would make the roads safer and
The Paperwork Reduction Act of 1995 allow drivers to manage their duty
(the PRA) (44 U.S.C. 3501–3520) hours more efficiently and use common
prohibits agencies from conducting DEPARTMENT OF TRANSPORTATION
sense to not drive when tired. FMCSA
information collection (IC) activities appreciates this support for the Federal Motor Carrier Safety
until they analyze the need for the program, and has not made any changes Administration
collection of information and how the or revisions to the design of the study
collected data will be managed. based on these comments. [FMCSA Docket No. FMCSA–2017–0039]
Agencies must also analyze whether Additionally, a Federal Register
technology could be used to reduce the Qualification of Drivers; Exemption
notice announcing the Pilot Program
burden imposed on those providing the Applications; Diabetes Mellitus
was published on June 6, 2017, to allow
data. The Agency must estimate the for 60-days of public comment regarding AGENCY: Federal Motor Carrier Safety
time burden required to respond to the the proposed program. The comment Administration (FMCSA), DOT
IC requirements, such as the time period closed on August 7, 2017, and ACTION: Notice of final disposition.
required to complete a particular form. has received 232 unique (233 total, one
The Agency submits its IC analysis and duplicate) public comments to date. The SUMMARY: FMCSA announces its
burden estimate to OMB as a formal vast majority (over 175) of these decision to exempt 89 individuals from
ICR; the Agency cannot conduct the comments were positive in nature. the prohibition in the Federal Motor
information collection until OMB Several commenters expressed a desire Carrier Safety Regulations (FMCSRs)
approves the ICR. to participate in the study, and several against persons with insulin-treated
wanted the study expanded to diabetes mellitus (ITDM) from operating
IV. Summary of Public Comments
incorporate other exemptions. While a commercial motor vehicle (CMV) in
Received
FMCSA understands the desire from interstate commerce. The exemptions
On June 27, 2017, FMCSA published drivers to re-open the HOS rules, enable these individuals with ITDM to
a notice in the Federal Register (82 FR specifically the 14-hour rule, the Pilot operate CMVs in interstate commerce.
29145) with a 60-day public comment Program is designed to look at only DATES: The exemptions were applicable
period to announce this proposed Flexible Sleeper Berth times in order to on September 12, 2017. The exemptions
information collection. As of the closing achieve statistically significant results expire on September 12, 2019.
date of August 28, 2017, the agency without the potential for introducing FOR FURTHER INFORMATION CONTACT: Ms.
received five comments in response to confounding variables into the study. Christine A. Hydock, Chief, Medical
this notice. Approximately 40 commenters Programs Division, (202) 366–4001,
One comment questioned the need for responded in a negative manner to the fmcsamedical@dot.gov, FMCSA,
a pilot program given that the proposal 14-hour rule, or having too many Department of Transportation, 1200
is similar to the HOS rules prior to 2003. regulations in place, but were not New Jersey Avenue SE., Room W64–
This commenter expressed an opinion specific to the Flexible Sleeper Berth 224, Washington, DC 20590–0001.
that the HOS rules should just be Program. The majority of commenters Office hours are from 8:30 a.m. to 5
reverted to the prior to 2003 HOS rules. who responded agreed that the NAFMP p.m., e.t., Monday through Friday,
While FMCSA understands the should be recommended, not except Federal holidays. If you have
commenter’s frustration with the mandatory. One commenter felt the questions regarding viewing or
process, our commitment to public NAFMP should be mandatory; however, submitting material to the docket,
safety requires us to conduct a pilot FMCSA felt that the majority of contact Docket Services, telephone (202)
program to collect scientific data and commenters agreeing with the current 366–9826.
achieve statistically significant findings
asabaliauskas on DSKBBXCHB2PROD with NOTICES
study design showed that we should SUPPLEMENTARY INFORMATION:
before considering any revision to our move forward without changing the
current regulations. design. One commenter felt that the I. Electronic Access
Another commenter expressed a cameras in the vehicle were too You may see all the comments online
similar opinion regarding the HOS burdensome, however, several others through the Federal Document
4 The KSS is a 9-point Likert-type scale ranging
expressed that the data collection was Management System (FDMS) at: http://
from ‘‘extremely alert’’ to ‘‘extremely sleepy’’ and reasonable for the scope of the study. www.regulations.gov.
has been widely used in the literature as a Public Comments Invited: You are Docket: For access to the docket to
subjective assessment of alertness. asked to comment on any aspect of this read background documents or
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![49928 Federal Register / Vol. 82, No. 207 / Friday, October 27, 2017 / Notices
Michael T. Ilk (IN) DEPARTMENT OF TRANSPORTATION II. Background
Ronald A. Jessop (RI) On March 8, 2017, FMCSA published
Patrick A. Kelly (NC) Federal Motor Carrier Safety
Vera M. Kipper (MO) a notice announcing receipt of
Administration
William A. Kitchens (GA) applications from 41 individuals
Jerry R. Knight (WY) requesting an exemption from diabetes
[FMCSA Docket No. FMCSA–2016–0383] requirement in 49 CFR 391.41(b)(3) and
Dick R. Kobayashi, Jr. (OR)
Roger P. Kukowski (WI) requested comments from the public (82
Qualification of Drivers; Exemption FR 13050). The public comment period
Robert E. Lay (WA) Applications; Diabetes Mellitus
Gregory N. Lorenzi (WA) ended on April 7, 2017, and four
Jake P. Mahoney (NY) AGENCY: Federal Motor Carrier Safety comments were received.
Ignatius Martin (NJ) Administration (FMCSA), DOT. FMCSA has evaluated the eligibility
Ricky L. McCloskey (NE) of these applicants and determined that
ACTION: Notice of final disposition.
Carroll L. McCraw (NC) granting the exemptions to these
Micah L. McDowell (NC) SUMMARY: FMCSA announces its individuals would achieve a level of
Lonnell K. McKee (MO) safety equivalent to or greater than the
decision to exempt 41 individuals from
Kevin M. McKenna (MA) level that would be achieved by
Timothy S. Miller (WI) the prohibition in the Federal Motor
Carrier Safety Regulations (FMCSRs) complying with the current regulation
Sammy Mouzone, Jr. (MI) 49 CFR 391.41(b)(3).
Timothy J. Mulvihill (SD) against persons with insulin-treated
diabetes mellitus (ITDM) from operating The physical qualification standard
Gregory J. Nixon (IN)
a commercial motor vehicle (CMV) in for drivers regarding diabetes found in
Anthony J. Njoroge (GA)
Robert N. Oakliff (CT) interstate commerce. The exemptions 49 CFR 391.41(b)(3) states that a person
Radame Perez (NY) enable these individuals with ITDM to is physically qualified to drive a CMV
Gordon M. Peterson (IA) operate CMVs in interstate commerce. if that person:
Larry R. Predmore (PA) Has no established medical history or
DATES: The exemptions were applicable
Eric E. Ray (RI) clinical diagnosis of diabetes mellitus
on April 8, 2017. The exemptions expire
Angelo A. Reynoso (NJ) currently requiring insulin for control.
on April 8, 2019.
Donald V. Rhoten, Jr. (MD) III. Discussion of Comments
FOR FURTHER INFORMATION CONTACT: Ms.
William Rosado (NY)
Ryan M. Rosane (NE) Christine A. Hydock, Chief, Medical FMCSA received four comments in
Solomon Rosenberg (NY) Programs Division, (202) 366–4001, this proceeding. Janet Sandoval and two
James M. Roth (IN) fmcsamedical@dot.gov, FMCSA, anonymous commenters stated that they
Robert J. Schlachter (IN) Department of Transportation, 1200 are against granting Mr. Ta Canunpa W.
D.S. Schneeberger (NY) New Jersey Avenue SE., Room W64– Banks the exemption. Ms. Sandoval
Robert F. Seiple (PA) 224, Washington, DC 20590–0001. stated that she does not believe Mr.
David M. Sheeran (NY) Office hours are from 8:30 a.m. to 5 Banks is under sufficient medical care
John F. Smith (RI) p.m., e.t., Monday through Friday, for diabetes and that all drivers should
Mark E. Smith (PA) except Federal holidays. If you have be required to regularly see an
Harley T. Steck (MO) questions regarding viewing or endocrinologist to ensure their diabetes
Ross M. Stirling (NV) submitting material to the docket, is under control. Quarterly and annual
Dennis W. Thompson (WI) contact Docket Services, telephone (202) monitoring by an endocrinologist and
Jose F. Toledo (OR) 366–9826. eye doctor is a stipulation of the
Wayne A. Toms, Sr. (PA)
SUPPLEMENTARY INFORMATION: exemption. Drivers are required to
Gregory D. Vang (NE)
Charles H. Wainwright (NC) submit these reports to the Agency on
I. Electronic Access
Wayne G. Warren, Jr. (PA) a continuing basis while they hold an
John G. Weinhofer (PA) You may see all the comments online exemption. The first anonymous
Grant E. Whetzel (SD) through the Federal Document commenter stated that Mr. Banks
Roger W. Yellow Boy (SD) Management System (FDMS) at: http:// provided falsified information in order
Richard L. Zelesket (MI) www.regulations.gov. to obtain a medical card. The second
In accordance with 49 U.S.C. 31136(e) Docket: For access to the docket to anonymous commenter did not provide
and 31315, each exemption will be valid read background documents or a reason for their objection to granting
for two years from the effective date comments, go to http:// Mr. Banks an exemption. A third
unless revoked earlier by FMCSA. The www.regulations.gov and/or Room anonymous commenter stated that they
exemption will be revoked if the W12–140 on the ground level of the were in favor of granting the exemptions
following occurs: (1) The person fails to West Building, 1200 New Jersey Avenue to all drivers listed in this notice, and
comply with the terms and conditions SE., Washington, DC, between 9 a.m. that the previous three comments
of the exemption; (2) the exemption has and 5 p.m., e.t., Monday through Friday, appear to be a ‘‘smear campaign’’
resulted in a lower level of safety than except Federal holidays. directed towards Mr. Banks as they have
was maintained prior to being granted; Privacy Act: In accordance with 5 no documentation to support their
or (3) continuation of the exemption U.S.C. 553(c), DOT solicits comments claims. FMCSA investigated the claim
asabaliauskas on DSKBBXCHB2PROD with NOTICES
would not be consistent with the goals from the public to better inform its that Mr. Banks provided falsified
and objectives of 49 U.S.C. 31136(e) and rulemaking process. DOT posts these information in order to obtain a medical
31315. comments, without edit, including any card. Mr. Banks did not disclose insulin
personal information the commenter use to his Medical Examiners on exams
Issued on: October 18, 2017. provides, to http://www.regulations.gov, dated January 27, 2017 and February 14,
Larry W. Minor, as described in the system of records 2017 based on his fear of losing his
Associate Administrator for Policy. notice (DOT/ALL–14 FDMS), which can livelihood. However, he did disclose it
[FR Doc. 2017–23345 Filed 10–26–17; 8:45 am] be reviewed at http://www.dot.gov/ in the exam submitted as part of his
BILLING CODE 4910–EX–P privacy. exemption application on November 11,
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Document Created: 2017-10-27 02:06:04
Document Modified: 2017-10-27 02:06:04
| 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 September 12, 2017. The exemptions expire on September 12, 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 49926 |
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