82 FR 49928 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 207 (October 27, 2017)

Page Range		49928-49929
FR Document		2017-23347

FMCSA announces its decision to exempt 41 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.

Federal Register, Volume 82 Issue 207 (Friday, October 27, 2017)

[Federal Register Volume 82, Number 207 (Friday, October 27, 2017)]
[Notices]
[Pages 49928-49929]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23347]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2016-0383]


Qualification of Drivers; Exemption Applications; Diabetes 
Mellitus

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

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to exempt 41 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 April 8, 2017. The exemptions 
expire on April 8, 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 March 8, 2017, FMCSA published a notice announcing receipt of 
applications from 41 individuals requesting an exemption from diabetes 
requirement in 49 CFR 391.41(b)(3) and requested comments from the 
public (82 FR 13050). The public comment period ended on April 7, 2017, 
and four 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 four comments in this proceeding. Janet Sandoval and 
two anonymous commenters stated that they are against granting Mr. Ta 
Canunpa W. Banks the exemption. Ms. Sandoval stated that she does not 
believe Mr. Banks is under sufficient medical care for diabetes and 
that all drivers should be required to regularly see an endocrinologist 
to ensure their diabetes is under control. Quarterly and annual 
monitoring by an endocrinologist and eye doctor is a stipulation of the 
exemption. Drivers are required to submit these reports to the Agency 
on a continuing basis while they hold an exemption. The first anonymous 
commenter stated that Mr. Banks provided falsified information in order 
to obtain a medical card. The second anonymous commenter did not 
provide a reason for their objection to granting Mr. Banks an 
exemption. A third anonymous commenter stated that they were in favor 
of granting the exemptions to all drivers listed in this notice, and 
that the previous three comments appear to be a ``smear campaign'' 
directed towards Mr. Banks as they have no documentation to support 
their claims. FMCSA investigated the claim that Mr. Banks provided 
falsified information in order to obtain a medical card. Mr. Banks did 
not disclose insulin use to his Medical Examiners on exams dated 
January 27, 2017 and February 14, 2017 based on his fear of losing his 
livelihood. However, he did disclose it in the exam submitted as part 
of his exemption application on November 11,

[[Page 49929]]

2016. FMCSA evaluated the medical records provided by Mr. Banks and 
determined that granting him an exemption would achieve an equivalent 
or greater level of safety than would be achieved without granting him 
an exemption.

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 41 applicants have had ITDM over a range of 1 to 27 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 March 8, 2017 
Federal Register notice (82 FR 13050) 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 41 exemption applications, FMCSA 
exempts the following drivers from the diabetes requirement in 49 CFR 
391.41(b)(10), subject to the requirements cited above:

Joseph A. Akers (WV)
Leslie R. Auger (MO)
Ta Canunpa W. Banks (SD)
Ralph E. Beard (MI)
Darrell W. Britnell (NC)
Paul M. Capeder (MN)
Robert D. Carnazzo (MA)
Randall C. Coleman (WA)
Thomas K. Coleman (NC)
Mark A. Cologne (LA)
Christopher J. Comstock (TX)
Alexander H. Cromartie (PA)
Michael R. Dark (TX)
Joseph P. Dellavolpe (NJ)
Shea E. Durand (NY)
David L. Farris (KS)
Donald D. Fown (OH)
Michael L. Gamache (NH)
David P. Glaeser (CO)
Donald J. Gray (CA)
James E. Guthrie, IV (KY)
James F. Hamilton (SD)
Paul R. Hanson (MN)
Jaculyn E. Heck (DE)
Greg J. Isom (GA)
Mark J. Johnson (WA)
Tyson C. Johnson (PA)
Darrell W. Luck (NC)
Gregory L. Markin (WI)
Patrick May (MD)
Elbert J. Means (SC)
Peter R. Meyer (WA)
Andrew R. Morris (WA)
Timothy A. Parks, Jr. (MD)
Dennis Pitt (NY)
Antonio R. Ragin (CT)
Matthew Reynolds (PA)
Robert G. Smith (MA)
Patricia M. Spurgeon (NY)
Robert M. Sypolt (WV)
Brandon R. Wedding (OR)

    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. 2017-23347 Filed 10-26-17; 8:45 am]
BILLING CODE 4910-EX-P

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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Federal Register / Vol. 82, No. 207 / Friday, October 27, 2017 / Notices 49929

2016. FMCSA evaluated the medical report within two business days of Peter R. Meyer (WA)
records provided by Mr. Banks and occurrence, all episodes of severe Andrew R. Morris (WA)
determined that granting him an hypoglycemia, significant Timothy A. Parks, Jr. (MD)
exemption would achieve an equivalent complications, or inability to manage Dennis Pitt (NY)
or greater level of safety than would be diabetes; also, any involvement in an Antonio R. Ragin (CT)
achieved without granting him an accident or any other adverse event in Matthew Reynolds (PA)
exemption. a CMV or personal vehicle, whether or Robert G. Smith (MA)
not it is related to an episode of Patricia M. Spurgeon (NY)
IV. Basis for Exemption Determination Robert M. Sypolt (WV)
hypoglycemia; (3) each driver must
Under 49 U.S.C. 31136(e) and 31315, provide a copy of the ophthalmologist’s Brandon R. Wedding (OR)
FMCSA may grant an exemption from or optometrist’s report to the Medical In accordance with 49 U.S.C. 31136(e)
the diabetes standard in 49 CFR Examiner at the time of the annual and 31315, each exemption will be valid
391.41(b)(3) if the exemption is likely to medical examination; and (4) each for two years from the effective date
achieve an equivalent or greater level of driver must provide a copy of the unless revoked earlier by FMCSA. The
safety than would be achieved without annual medical certification to the exemption will be revoked if the
the exemption. The exemption allows employer for retention in the driver’s following occurs: (1) The person fails to
the applicants to operate CMVs in qualification file, or keeping a copy in comply with the terms and conditions
interstate commerce. his/her driver’s qualification file if he/ of the exemption; (2) the exemption has
The Agency’s decision regarding these she is self-employed. The driver must resulted in a lower level of safety than
exemption applications is based on the also have a copy of the exemption when was maintained prior to being granted;
program eligibility criteria and an driving, for presentation to a duly or (3) continuation of the exemption
individualized assessment of authorized Federal, State, or local would not be consistent with the goals
information submitted by each enforcement official. and objectives of 49 U.S.C. 31136(e) and
applicant. 31315.
These 41 applicants have had ITDM VI. Preemption
Issued on: October 18, 2017.
over a range of 1 to 27 years. These During the period the exemption is in
applicants report no severe Larry W. Minor,
effect, no State shall enforce any law or Associate Administrator for Policy.
hypoglycemic reactions resulting in loss regulation that conflicts with this
of consciousness or seizure, requiring [FR Doc. 2017–23347 Filed 10–26–17; 8:45 am]
exemption with respect to a person
the assistance of another person, or operating under the exemption. BILLING CODE 4910–EX–P
resulting in impaired cognitive function
that occurred without warning VII. Conclusion
symptoms, in the past 12 months and no Based upon its evaluation of the 41 DEPARTMENT OF TRANSPORTATION
recurrent (two or more) severe exemption applications, FMCSA
hypoglycemic episodes in the past five Federal Transit Administration
exempts the following drivers from the
years. In each case, an endocrinologist diabetes requirement in 49 CFR [Docket No. FTA–2017–0010]
verified that the driver has 391.41(b)(10), subject to the
demonstrated a willingness to properly requirements cited above: National Transit Database Reporting
monitor and manage his/her diabetes Changes and Clarifications
Joseph A. Akers (WV)
mellitus, received education related to Leslie R. Auger (MO) AGENCY: Federal Transit Administration,
diabetes management, and is on a stable Ta Canunpa W. Banks (SD) DOT.
insulin regimen. These drivers report no Ralph E. Beard (MI) ACTION: Request for Comments.
other disqualifying conditions, Darrell W. Britnell (NC)
including diabetes related Paul M. Capeder (MN) SUMMARY: This notice provides
complications. Each meets the vision Robert D. Carnazzo (MA) information on proposed changes and
requirement at 49 CFR 391.41(b)(10). Randall C. Coleman (WA) clarifications to the National Transit
The qualifications, experience, and Thomas K. Coleman (NC) Database (NTD) reporting requirements.
medical condition of each applicant Mark A. Cologne (LA) All proposed changes and clarifications
were stated and discussed in detail in Christopher J. Comstock (TX) are proposed to be effective for report
the March 8, 2017 Federal Register Alexander H. Cromartie (PA) year 2017 (beginning in September
notice (82 FR 13050) and will not be Michael R. Dark (TX) 2017).
repeated in this notice. Joseph P. Dellavolpe (NJ)
Consequently, FMCSA finds that in Shea E. Durand (NY) DATES: Comments are due by December
each case exempting these applicants David L. Farris (KS) 26, 2017. FTA will consider late
from the diabetes requirement in 49 CFR Donald D. Fown (OH) comments to the extent practicable.
391.41(b)(3) is likely to achieve a level Michael L. Gamache (NH) ADDRESSES: Please identify your
of safety equal to that existing without David P. Glaeser (CO) submission by Docket Number (FTA–
the exemption. Donald J. Gray (CA) 2017–0010) through one of the
James E. Guthrie, IV (KY) following methods:
V. Conditions and Requirements • Federal eRulemaking Portal:
James F. Hamilton (SD)
asabaliauskas on DSKBBXCHB2PROD with NOTICES

The terms and conditions of the Paul R. Hanson (MN) Submit electronic comments and other
exemption are provided to the Jaculyn E. Heck (DE) data to http://www.regulations.gov.
applicants in the exemption document Greg J. Isom (GA) • U.S. Mail: Send comments to
and includes the following: (1) Each Mark J. Johnson (WA) Docket Operations; U.S. Department of
driver must submit a quarterly Tyson C. Johnson (PA) Transportation, 1200 New Jersey
monitoring checklist completed by the Darrell W. Luck (NC) Avenue SE., West Building Room W12–
treating endocrinologist as well as an Gregory L. Markin (WI) 140, Washington, DC 20590–0001.
annual checklist with a comprehensive Patrick May (MD) • Hand Delivery or Courier: Take
medical evaluation; (2) each driver must Elbert J. Means (SC) comments to Docket Operations in

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Document Created: 2017-10-27 02:05:50
Document Modified: 2017-10-27 02:05:50

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 April 8, 2017. The exemptions expire on April 8, 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 49928

82 FR 49928 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 207 (October 27, 2017)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration