82 FR 56105 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 82, Issue 226 (November 27, 2017)
Federal Motor Carrier Safety Administration
Federal Register Volume 82, Issue 226 (November 27, 2017)
| Page Range | 56105-56106 | |
| FR Document | 2017-25521 |
[Federal Register Volume 82, Number 226 (Monday, November 27, 2017)] [Notices] [Pages 56105-56106] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-25521] [[Page 56105]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA-2017-0042] 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 43 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 26, 2017. The exemptions expire on September 26, 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., ET, 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., ET, 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 24, 2017, FMCSA published a notice announcing receipt of applications from 43 individuals requesting an exemption from diabetes requirement in 49 CFR 391.41(b)(3) and requested comments from the public (82 FR 40215). The public comment period ended on September 25, 2017, and one comment was 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 one comment in this proceeding. Vicky Johnson stated that Minnesota DVS has no objections in granting exemptions to the following Minnesota drivers: Bradley S. Hanson, Mutasim S. Mohamed, and Jacob T. Streifel. 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. The qualifications, experience, and medical condition of each applicant were stated and discussed in detail in the August 24, 2017, Federal Register notice (82 FR 40215) and will not be repeated in this notice. These 43 applicants have had ITDM over a range of one to 29 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. 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 43 exemption applications, FMCSA exempts the following drivers from the diabetes requirement in 49 CFR 391.41(b)(10), subject to the requirements cited above: David G. Anderton (AK) John N. Bailey, III (FL) [[Page 56106]] Wells R. Betts (DE) Clyde R. Bigam, Jr. (KS) Sten R. Brote (MA) Michele D. Budrys (MA) Keith P. Burk (PA) Robert E. Conner (OH) George L. Coombs, Jr. (NH) Isaiah B. Deal (ND) James M. Doiron (FL) Daniel T. Gazalie (PA) Gary V. Grimm (CA) Joe A. Gritten (IN) Bradley S. Hanson (MN) Paul F. Herburger (IA) Robert H. Hopper (MO) Rhonda V. Howe (PA) Melvin L. Hutcheson (AL) Tyler W. Keel (TX) Wyatt E.S. Kitchens (GA) Gerald A. Korkow (SD) Richard B. Maurer (PA) James M. McDonald (IA) Mutasim Y.S. Mohamed (MN) Paul S. Montell (PA) James R. Pemberton (NJ) Charles E. Perdue, Jr. (OH) Christopher L. Recla (WI) Jon C. Reeves (OR) Hermes L. Rios (MD) Abimael Rodriguez (CA) Dustin A. Rudolfi (PA) Jose A. Sanchez (CO) James A. Schmidt (MO) Jacob T. Sigmon (IL) David C. Stouffer (PA) Jacob T. Streifel (MN) Jason M. Townsend (OH) Johann J. Trana (ND) Jacob C. Villa (OR) Raymond R. Wade (IN) Edwin M. Yereance (NJ) 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: November 17, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017-25521 Filed 11-24-17; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Notices 56105
DEPARTMENT OF TRANSPORTATION II. Background hypoglycemic episodes in the past five
On August 24, 2017, FMCSA years. In each case, an endocrinologist
Federal Motor Carrier Safety verified that the driver has
published a notice announcing receipt
Administration demonstrated a willingness to properly
of applications from 43 individuals
requesting an exemption from diabetes monitor and manage his/her diabetes
[FMCSA Docket No. FMCSA–2017–0042] mellitus, received education related to
requirement in 49 CFR 391.41(b)(3) and
diabetes management, and is on a stable
requested comments from the public (82
Qualification of Drivers; Exemption insulin regimen. These drivers report no
FR 40215). The public comment period
Applications; Diabetes Mellitus other disqualifying conditions,
ended on September 25, 2017, and one
including diabetes related
AGENCY: Federal Motor Carrier Safety comment was received.
complications. Each meets the vision
Administration (FMCSA), DOT. FMCSA has evaluated the eligibility
requirement at 49 CFR 391.41(b)(10).
ACTION: Notice of final disposition.
of these applicants and determined that Consequently, FMCSA finds that in
granting the exemptions to these each case exempting these applicants
SUMMARY: FMCSA announces its individuals would achieve a level of from the diabetes requirement in 49 CFR
decision to exempt 43 individuals from safety equivalent to or greater than the 391.41(b)(3) is likely to achieve a level
the prohibition in the Federal Motor level that would be achieved by of safety equal to that existing without
Carrier Safety Regulations (FMCSRs) complying with the current regulation the exemption.
against persons with insulin-treated 49 CFR 391.41(b)(3).
diabetes mellitus (ITDM) from operating The physical qualification standard V. Conditions and Requirements
a commercial motor vehicle (CMV) in for drivers regarding diabetes found in The terms and conditions of the
interstate commerce. The exemptions 49 CFR 391.41(b)(3) states that a person exemption are provided to the
enable these individuals with ITDM to is physically qualified to drive a CMV applicants in the exemption document
operate CMVs in interstate commerce. if that person has no established and includes the following: (1) Each
DATES: The exemptions were applicable
medical history or clinical diagnosis of driver must submit a quarterly
on September 26, 2017. The exemptions diabetes mellitus currently requiring monitoring checklist completed by the
expire on September 26, 2019. insulin for control. treating endocrinologist as well as an
III. Discussion of Comments annual checklist with a comprehensive
FOR FURTHER INFORMATION CONTACT: Ms.
medical evaluation; (2) each driver must
Christine A. Hydock, Chief, Medical FMCSA received one comment in this report within two business days of
Programs Division, (202) 366–4001, proceeding. Vicky Johnson stated that occurrence, all episodes of severe
fmcsamedical@dot.gov, FMCSA, Minnesota DVS has no objections in hypoglycemia, significant
Department of Transportation, 1200 granting exemptions to the following complications, or inability to manage
New Jersey Avenue SE., Room W64– Minnesota drivers: Bradley S. Hanson, diabetes; also, any involvement in an
224, Washington, DC 20590–0001. Mutasim S. Mohamed, and Jacob T. accident or any other adverse event in
Office hours are from 8:30 a.m. to 5 Streifel. a CMV or personal vehicle, whether or
p.m., ET, Monday through Friday,
IV. Basis for Exemption Determination not it is related to an episode of
except Federal holidays. If you have
hypoglycemia; (3) each driver must
questions regarding viewing or Under 49 U.S.C. 31136(e) and 31315, provide a copy of the ophthalmologist’s
submitting material to the docket, FMCSA may grant an exemption from or optometrist’s report to the Medical
contact Docket Services, telephone (202) the diabetes standard in 49 CFR Examiner at the time of the annual
366–9826. 391.41(b)(3) if the exemption is likely to medical examination; and (4) each
SUPPLEMENTARY INFORMATION: achieve an equivalent or greater level of driver must provide a copy of the
safety than would be achieved without annual medical certification to the
I. Electronic Access
the exemption. The exemption allows employer for retention in the driver’s
You may see all the comments online the applicants to operate CMVs in qualification file, or keeping a copy in
through the Federal Document interstate commerce. his/her driver’s qualification file if he/
Management System (FDMS) at: http:// The Agency’s decision regarding these she is self-employed. The driver must
www.regulations.gov. exemption applications is based on the also have a copy of the exemption when
Docket: For access to the docket to program eligibility criteria and an driving, for presentation to a duly
read background documents or individualized assessment of authorized Federal, State, or local
comments, go to http:// information submitted by each enforcement official.
www.regulations.gov and/or Room applicant. The qualifications,
W12–140 on the ground level of the experience, and medical condition of VI. Preemption
West Building, 1200 New Jersey Avenue each applicant were stated and During the period the exemption is in
SE., Washington, DC, between 9 a.m. discussed in detail in the August 24, effect, no State shall enforce any law or
and 5 p.m., ET, Monday through Friday, 2017, Federal Register notice (82 FR regulation that conflicts with this
except Federal holidays. 40215) and will not be repeated in this exemption with respect to a person
Privacy Act: In accordance with 5 notice. operating under the exemption.
U.S.C. 553(c), DOT solicits comments These 43 applicants have had ITDM
VII. Conclusion
asabaliauskas on DSKBBXCHB2PROD with NOTICES
from the public to better inform its over a range of one to 29 years. These
rulemaking process. DOT posts these applicants report no severe Based upon its evaluation of the 43
comments, without edit, including any hypoglycemic reactions resulting in loss exemption applications, FMCSA
personal information the commenter of consciousness or seizure, requiring exempts the following drivers from the
provides, to http://www.regulations.gov, the assistance of another person, or diabetes requirement in 49 CFR
as described in the system of records resulting in impaired cognitive function 391.41(b)(10), subject to the
notice (DOT/ALL–14 FDMS), which can that occurred without warning requirements cited above:
be reviewed at http://www.dot.gov/ symptoms, in the past 12 months and no David G. Anderton (AK)
privacy. recurrent (two or more) severe John N. Bailey, III (FL)
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![56106 Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Notices
Wells R. Betts (DE) DEPARTMENT OF TRANSPORTATION Monday through Friday, except Federal
Clyde R. Bigam, Jr. (KS) Holidays.
Federal Motor Carrier Safety • Fax: 1–202–493–2251.
Sten R. Brote (MA)
Administration Instructions: Each submission must
Michele D. Budrys (MA) include the Agency name and the
Keith P. Burk (PA) [Docket No. FMCSA–2015–0118]
docket number(s) for this notice. Note
Robert E. Conner (OH) Qualification of Drivers; Exemption that all comments received will be
George L. Coombs, Jr. (NH) Applications; Epilepsy and Seizure posted without change to http://
Disorders www.regulations.gov, including any
Isaiah B. Deal (ND)
personal information provided. Please
James M. Doiron (FL) AGENCY: Federal Motor Carrier Safety see the Privacy Act heading below for
Daniel T. Gazalie (PA) Administration (FMCSA), DOT. further information.
Gary V. Grimm (CA) ACTION: Notice of renewal of Docket: For access to the docket to
Joe A. Gritten (IN) exemptions; request for comments. read background documents or
comments, go to http://
Bradley S. Hanson (MN)
SUMMARY: FMCSA announces its www.regulations.gov at any time or
Paul F. Herburger (IA) decision to renew exemptions for three Room W12–140 on the ground level of
Robert H. Hopper (MO) individuals from the requirement in the the West Building, 1200 New Jersey
Rhonda V. Howe (PA) Federal Motor Carrier Safety Avenue SE., Washington, DC, between 9
Melvin L. Hutcheson (AL) Regulations (FMCSRs) that interstate a.m. and 5 p.m., ET, Monday through
Tyler W. Keel (TX) commercial motor vehicle (CMV) Friday, except Federal holidays. The
drivers have ‘‘no established medical FDMS is available 24 hours each day
Wyatt E.S. Kitchens (GA) history or clinical diagnosis of epilepsy ET, 365 days each year. If you want
Gerald A. Korkow (SD) or any other condition which is likely acknowledgment that we received your
Richard B. Maurer (PA) to cause loss of consciousness or any comments, please include a self-
James M. McDonald (IA) loss of ability to control a CMV.’’ The addressed, stamped envelope or
Mutasim Y.S. Mohamed (MN) exemptions enable these individuals postcard or print the acknowledgement
who have had one or more seizures and page that appears after submitting
Paul S. Montell (PA)
are taking anti-seizure medication to comments online.
James R. Pemberton (NJ) continue to operate CMVs in interstate Privacy Act: In accordance with 5
Charles E. Perdue, Jr. (OH) commerce. U.S.C. 553(c), DOT solicits comments
Christopher L. Recla (WI) DATES: The exemptions were applicable from the public to better inform its
Jon C. Reeves (OR) on October 22, 2017. The exemptions rulemaking process. DOT posts these
expire on October 22, 2019. Comments comments, without edit, including any
Hermes L. Rios (MD)
must be received on or before December personal information the commenter
Abimael Rodriguez (CA) provides, to http://www.regulations.gov,
27, 2017.
Dustin A. Rudolfi (PA) as described in the system of records
FOR FURTHER INFORMATION CONTACT: Ms.
Jose A. Sanchez (CO) notice (DOT/ALL–14 FDMS), which can
Christine A. Hydock, Chief, Medical
James A. Schmidt (MO) be reviewed at http://www.dot.gov/
Programs Division, 202–366–4001,
Jacob T. Sigmon (IL) privacy.
fmcsamedical@dot.gov, FMCSA,
David C. Stouffer (PA) Department of Transportation, 1200 I. Background
Jacob T. Streifel (MN) New Jersey Avenue SE., Room W64– Under 49 U.S.C. 31136(e) and 31315,
Jason M. Townsend (OH) 224, Washington, DC 20590–0001. FMCSA may grant an exemption for five
Office hours are from 8:30 a.m. to 5 years if it finds ‘‘such exemption would
Johann J. Trana (ND) p.m., ET, Monday through Friday,
Jacob C. Villa (OR) likely achieve a level of safety that is
except Federal holidays. If you have equivalent to or greater than the level
Raymond R. Wade (IN) questions regarding viewing or that would be achieved absent such
Edwin M. Yereance (NJ) submitting material to the docket, exemption.’’ The statute also allows the
contact Docket Services, telephone (202) Agency to renew exemptions at the end
In accordance with 49 U.S.C. 31136(e)
366–9826. of the five-year period. FMCSA grants
and 31315, each exemption will be valid
for two years from the effective date ADDRESSES: You may submit comments exemptions from the FMCSRs for a two-
unless revoked earlier by FMCSA. The bearing the Federal Docket Management year period to align with the maximum
exemption will be revoked if the System (FDMS) Docket No. FMCSA– duration of a driver’s medical
following occurs: (1) The person fails to 2015–0118 using any of the following certification.
comply with the terms and conditions methods: The physical qualification standard
of the exemption; (2) the exemption has • Federal eRulemaking Portal: Go to for drivers regarding epilepsy found in
resulted in a lower level of safety than http://www.regulations.gov. Follow the 49 CFR 391.41(b)(8) states that a person
was maintained prior to being granted; online instructions for submitting is physically qualified to drive a CMV
or (3) continuation of the exemption comments. if that person has no established
• Mail: Docket Management Facility;
asabaliauskas on DSKBBXCHB2PROD with NOTICES
would not be consistent with the goals medical history or clinical diagnosis of
and objectives of 49 U.S.C. 31136(e) and U.S. Department of Transportation, 1200 epilepsy or any other condition which
31315. New Jersey Avenue SE., West Building is likely to cause the loss of
Ground Floor, Room W12–140, consciousness or any loss of ability to
Issued on: November 17, 2017. Washington, DC 20590–0001. control a CMV.
Larry W. Minor, • Hand Delivery: West Building In addition to the regulations, FMCSA
Associate Administrator for Policy. Ground Floor, Room W12–140, 1200 has published advisory criteria to assist
[FR Doc. 2017–25521 Filed 11–24–17; 8:45 am] New Jersey Avenue SE., Washington, Medical Examiners in determining
BILLING CODE 4910–EX–P DC, between 9 a.m. and 5 p.m., ET, whether drivers with certain medical
VerDate Sep<11>2014 16:59 Nov 24, 2017 Jkt 244001 PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 E:\FR\FM\27NON1.SGM 27NON1](https://thefederalregister.org/doc/82_FR_56331/page/2.svg)
Document Created: 2017-11-25 01:09:07
Document Modified: 2017-11-25 01:09:07
| 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 26, 2017. The exemptions expire on September 26, 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., ET, 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 56105 |
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