82 FR 58252 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 82, Issue 236 (December 11, 2017)
Federal Motor Carrier Safety Administration
Federal Register Volume 82, Issue 236 (December 11, 2017)
| Page Range | 58252-58253 | |
| FR Document | 2017-26593 |
[Federal Register Volume 82, Number 236 (Monday, December 11, 2017)] [Notices] [Pages 58252-58253] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-26593] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA-2017-0233] 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 37 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 October 19, 2017. The exemptions expire on October 19, 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 September 18, 2017, FMCSA published a notice announcing receipt of applications from 37 individuals requesting an exemption from diabetes requirement in 49 CFR 391.41(b)(3) and requested comments from the public (82 FR 43642). The public comment period ended on October 18, 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. Brian Weaver stated that if the drivers have their diabetes in check the exemption will be fine. FMCSA has requirements that all diabetes applicants must meet to obtain a Federal Diabetes Exemption. All of the listed applicants on this Federal Register have met those requirements. 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 September 18, 2017, Federal Register notice (82 FR 43642) and will not be repeated in this notice. These 37 applicants have had ITDM over a range of one to 38 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/ [[Page 58253]] 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 37 exemption applications, FMCSA exempts the following drivers from the diabetes requirement in 49 CFR 391.41(b)(10), subject to the requirements cited above: Jerry E. Blanchet (RI) Eric J. Brunke (WI) Gregorio A. Climaco (MA) Jeffrey S. Combs (IL) James W. Davis (MT) Paul J. Dent (IA) Todd S. Gardner (FL) Nathan T. Gintner (WI) Ronald K. Glick (IL) Diosdado P. Godoy (HI) David E. Gordon, Jr. (MA) Jimmie W. Grady (NC) Matthew S. Helm (PA) Alan B. Jackson (OH) Dennis L. James (OR) Tony C. Johnson (AR) Russell E. Jones, Jr. (FL) Derrick D. LaRue (RI) Mark C. Lessman (IL) Ernest H.S. Louis (SC) Allen J. McNall (NY) Ernest A. Mitchell (TX) Irvin A. Moos (ND) Jose L. Pesina (IA) Corey M. Salmon (VA) Tony J. Shives (FL) Joel M. Siegrist (PA) Andre B. Sims (NC) Roger K. Skeens (IN) Shae A. Spilker (MT) Dennis B. Strait (NJ) C. Edward Tanner (PA) Mary Thomas (DE) Kyle R. Thompson (CA) Jeffery W. Vaughan (MN) John F. White (NY) Ronald E. Wolf (IL) 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: December 4, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017-26593 Filed 12-8-17; 8:45 am] BILLING CODE 4910-EX-P
![58252 Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Notices
In accordance with 49 U.S.C. 31315, Docket: For access to the docket to The Agency’s decision regarding these
each exemption will be valid for two read background documents or exemption applications is based on the
years from the effective date unless comments, go to http:// program eligibility criteria and an
revoked earlier by FMCSA. The www.regulations.gov and/or Room individualized assessment of
exemption will be revoked if the W12–140 on the ground level of the information submitted by each
following occurs: (1) The person fails to West Building, 1200 New Jersey Avenue applicant. The qualifications,
comply with the terms and conditions SE., Washington, DC, between 9 a.m. experience, and medical condition of
of the exemption; (2) the exemption has and 5 p.m., ET, Monday through Friday, each applicant were stated and
resulted in a lower level of safety than except Federal holidays. discussed in detail in the September 18,
was maintained prior to being granted; Privacy Act: In accordance with 5 2017, Federal Register notice (82 FR
or (3) continuation of the exemption U.S.C. 553(c), DOT solicits comments 43642) and will not be repeated in this
would not be consistent with the goals from the public to better inform its notice.
and objectives of 49 U.S.C. 31136 and rulemaking process. DOT posts these These 37 applicants have had ITDM
31315. comments, without edit, including any over a range of one to 38 years. These
personal information the commenter applicants report no severe
Issued on: December 4, 2017.
provides, to http://www.regulations.gov, hypoglycemic reactions resulting in loss
Larry W. Minor, of consciousness or seizure, requiring
as described in the system of records
Associate Administrator for Policy . the assistance of another person, or
notice (DOT/ALL–14 FDMS), which can
[FR Doc. 2017–26594 Filed 12–8–17; 8:45 am] be reviewed at http://www.dot.gov/ resulting in impaired cognitive function
BILLING CODE 4910–EX–P privacy. that occurred without warning
symptoms, in the past 12 months and no
II. Background recurrent (two or more) severe
DEPARTMENT OF TRANSPORTATION On September 18, 2017, FMCSA hypoglycemic episodes in the past five
published a notice announcing receipt years. In each case, an endocrinologist
Federal Motor Carrier Safety of applications from 37 individuals verified that the driver has
Administration requesting an exemption from diabetes demonstrated a willingness to properly
[FMCSA Docket No. FMCSA–2017–0233] requirement in 49 CFR 391.41(b)(3) and monitor and manage his/her diabetes
requested comments from the public (82 mellitus, received education related to
Qualification of Drivers; Exemption FR 43642). The public comment period diabetes management, and is on a stable
Applications; Diabetes Mellitus ended on October 18, 2017, and one insulin regimen. These drivers report no
comment was received. other disqualifying conditions,
AGENCY: Federal Motor Carrier Safety
FMCSA has evaluated the eligibility including diabetes related
Administration (FMCSA), DOT.
of these applicants and determined that complications. Each meets the vision
ACTION: Notice of final disposition. requirement at 49 CFR 391.41(b)(10).
granting the exemptions to these
SUMMARY: FMCSA announces its individuals would achieve a level of Consequently, FMCSA finds that in
decision to exempt 37 individuals from safety equivalent to or greater than the each case exempting these applicants
the prohibition in the Federal Motor level that would be achieved by from the diabetes requirement in 49 CFR
Carrier Safety Regulations (FMCSRs) complying with the current regulation 391.41(b)(3) is likely to achieve a level
against persons with insulin-treated 49 CFR 391.41(b)(3). of safety equal to that existing without
The physical qualification standard the exemption.
diabetes mellitus (ITDM) from operating
a commercial motor vehicle (CMV) in for drivers regarding diabetes found in V. Conditions and Requirements
interstate commerce. The exemptions 49 CFR 391.41(b)(3) states that a person
is physically qualified to drive a CMV The terms and conditions of the
enable these individuals with ITDM to exemption are provided to the
operate CMVs in interstate commerce. if that person has no established
medical history or clinical diagnosis of applicants in the exemption document
DATES: The exemptions were applicable and includes the following: (1) Each
diabetes mellitus currently requiring
on October 19, 2017. The exemptions driver must submit a quarterly
insulin for control.
expire on October 19, 2019. monitoring checklist completed by the
FOR FURTHER INFORMATION CONTACT: Ms. III. Discussion of Comments treating endocrinologist as well as an
Christine A. Hydock, Chief, Medical FMCSA received one comment in this annual checklist with a comprehensive
Programs Division, (202) 366–4001, proceeding. Brian Weaver stated that if medical evaluation; (2) each driver must
fmcsamedical@dot.gov, FMCSA, the drivers have their diabetes in check report within two business days of
Department of Transportation, 1200 the exemption will be fine. FMCSA has occurrence, all episodes of severe
New Jersey Avenue SE., Room W64– requirements that all diabetes applicants hypoglycemia, significant
224, Washington, DC 20590–0001. must meet to obtain a Federal Diabetes complications, or inability to manage
Office hours are from 8:30 a.m. to 5 Exemption. All of the listed applicants diabetes; also, any involvement in an
p.m., ET, Monday through Friday, on this Federal Register have met those accident or any other adverse event in
except Federal holidays. If you have requirements. a CMV or personal vehicle, whether or
questions regarding viewing or not it is related to an episode of
submitting material to the docket, IV. Basis for Exemption Determination hypoglycemia; (3) each driver must
contact Docket Services, telephone (202) Under 49 U.S.C. 31136(e) and 31315, provide a copy of the ophthalmologist’s
366–9826. FMCSA may grant an exemption from or optometrist’s report to the Medical
daltland on DSKBBV9HB2PROD with NOTICES
SUPPLEMENTARY INFORMATION: the diabetes standard in 49 CFR Examiner at the time of the annual
391.41(b)(3) if the exemption is likely to medical examination; and (4) each
I. Electronic Access achieve an equivalent or greater level of driver must provide a copy of the
You may see all the comments online safety than would be achieved without annual medical certification to the
through the Federal Document the exemption. The exemption allows employer for retention in the driver’s
Management System (FDMS) at: http:// the applicants to operate CMVs in qualification file, or keeping a copy in
www.regulations.gov. interstate commerce. his/her driver’s qualification file if he/
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![Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Notices 58253
she is self-employed. The driver must would not be consistent with the goals comments, go to http://
also have a copy of the exemption when and objectives of 49 U.S.C. 31136(e) and www.regulations.gov at any time or
driving, for presentation to a duly 31315. Room W12–140 on the ground level of
authorized Federal, State, or local Issued on: December 4, 2017. the West Building, 1200 New Jersey
enforcement official. Larry W. Minor, Avenue SE., Washington, DC, between 9
Associate Administrator for Policy.
a.m. and 5 p.m., ET, Monday through
VI. Preemption
Friday, except Federal holidays. The
[FR Doc. 2017–26593 Filed 12–8–17; 8:45 am]
During the period the exemption is in FDMS is available 24 hours each day
BILLING CODE 4910–EX–P
effect, no State shall enforce any law or ET, 365 days each year. If you want
regulation that conflicts with this acknowledgment that we received your
exemption with respect to a person comments, please include a self-
DEPARTMENT OF TRANSPORTATION
operating under the exemption. addressed, stamped envelope or
VII. Conclusion Federal Motor Carrier Safety postcard or print the acknowledgement
Administration page that appears after submitting
Based upon its evaluation of the 37 comments online.
exemption applications, FMCSA [Docket No. FMCSA–2017–0235] Privacy Act: In accordance with 5
exempts the following drivers from the U.S.C. 553(c), DOT solicits comments
diabetes requirement in 49 CFR Qualification of Drivers; Exemption
Applications; Diabetes Mellitus from the public to better inform its
391.41(b)(10), subject to the rulemaking process. DOT posts these
requirements cited above: AGENCY: Federal Motor Carrier Safety comments, without edit, including any
Jerry E. Blanchet (RI) Administration (FMCSA), DOT. personal information the commenter
Eric J. Brunke (WI) ACTION: Notice of applications for provides, to http://www.regulations.gov,
Gregorio A. Climaco (MA) exemption; request for comments. as described in the system of records
Jeffrey S. Combs (IL) notice (DOT/ALL–14 FDMS), which can
James W. Davis (MT) SUMMARY: FMCSA announces receipt of be reviewed at http://www.dot.gov/
Paul J. Dent (IA) applications from 27 individuals for an privacy.
Todd S. Gardner (FL) exemption from the prohibition in the
Federal Motor Carrier Safety FOR FURTHER INFORMATION CONTACT: Ms.
Nathan T. Gintner (WI) Christine A. Hydock, Chief, Medical
Ronald K. Glick (IL) Regulations (FMCSRs) against persons
with insulin-treated diabetes mellitus Programs Division, (202) 366–4001,
Diosdado P. Godoy (HI) fmcsamedical@dot.gov, FMCSA,
David E. Gordon, Jr. (MA) (ITDM) operating a commercial motor
vehicle (CMV) in interstate commerce. If Department of Transportation, 1200
Jimmie W. Grady (NC) New Jersey Avenue SE., Room W64–
Matthew S. Helm (PA) granted, the exemptions would enable
these individuals with ITDM to operate 224, Washington, DC 20590–0001.
Alan B. Jackson (OH) Office hours are 8:30 a.m. to 5 p.m., ET,
CMVs in interstate commerce.
Dennis L. James (OR) Monday through Friday, except Federal
Tony C. Johnson (AR) DATES: Comments must be received on
or before January 10, 2018. holidays. If you have questions
Russell E. Jones, Jr. (FL) regarding viewing or submitting
Derrick D. LaRue (RI) ADDRESSES: You may submit comments
material to the docket, contact Docket
Mark C. Lessman (IL) bearing the Federal Docket Management
Services, telephone (202) 366–9826.
Ernest H.S. Louis (SC) System (FDMS) Docket No. FMCSA–
2017–0235 using any of the following SUPPLEMENTARY INFORMATION:
Allen J. McNall (NY)
Ernest A. Mitchell (TX) methods: Background
Irvin A. Moos (ND) • Federal eRulemaking Portal: Go to
http://www.regulations.gov. Follow the Under 49 U.S.C. 31136(e) and 31315,
Jose L. Pesina (IA) FMCSA may grant an exemption from
Corey M. Salmon (VA) online instructions for submitting
comments. the FMCSRs for a five-year period if it
Tony J. Shives (FL) finds ‘‘such exemption would likely
• Mail: Docket Management Facility;
Joel M. Siegrist (PA) achieve a level of safety that is
U.S. Department of Transportation, 1200
Andre B. Sims (NC) equivalent to or greater than the level
New Jersey Avenue SE., West Building
Roger K. Skeens (IN) that would be achieved absent such
Ground Floor, Room W12–140,
Shae A. Spilker (MT) exemption.’’ The statute also allows the
Washington, DC 20590–0001.
Dennis B. Strait (NJ) • Hand Delivery: West Building Agency to renew exemptions at the end
C. Edward Tanner (PA) Ground Floor, Room W12–140, 1200 of the five-year period. FMCSA grants
Mary Thomas (DE) New Jersey Avenue SE., Washington, exemptions from the FMCSRs for a two-
Kyle R. Thompson (CA) DC, between 9 a.m. and 5 p.m., ET, year period to align with the maximum
Jeffery W. Vaughan (MN) Monday through Friday, except Federal duration of a driver’s medical
John F. White (NY) Holidays. certification.
Ronald E. Wolf (IL) • Fax: 1–202–493–2251. The 27 individuals listed in this
In accordance with 49 U.S.C. 31136(e) Instructions: Each submission must notice have requested an exemption
and 31315, each exemption will be valid include the Agency name and the from the diabetes prohibition in 49 CFR
for two years from the effective date docket number(s) for this notice. Note 391.41(b)(3). Accordingly, the Agency
unless revoked earlier by FMCSA. The that all comments received will be will evaluate the qualifications of each
daltland on DSKBBV9HB2PROD with NOTICES
exemption will be revoked if the posted without change to http:// applicant to determine whether granting
following occurs: (1) The person fails to www.regulations.gov, including any the exemption will achieve the required
comply with the terms and conditions personal information provided. Please level of safety mandated by statute.
of the exemption; (2) the exemption has see the Privacy Act heading below for The physical qualification standard
resulted in a lower level of safety than further information. for drivers regarding diabetes found in
was maintained prior to being granted; Docket: For access to the docket to 49 CFR 391.41(b)(3) states that a person
or (3) continuation of the exemption read background documents or is physically qualified to drive a CMV
VerDate Sep<11>2014 17:54 Dec 08, 2017 Jkt 244001 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\11DEN1.SGM 11DEN1](https://thefederalregister.org/doc/82_FR_58488/page/2.svg)
Document Created: 2017-12-09 01:49:23
Document Modified: 2017-12-09 01:49:23
| 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 October 19, 2017. The exemptions expire on October 19, 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 58252 |
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