82 FR 58683 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 82, Issue 238 (December 13, 2017)
Federal Motor Carrier Safety Administration
Federal Register Volume 82, Issue 238 (December 13, 2017)
| Page Range | 58683-58684 | |
| FR Document | 2017-26871 |
[Federal Register Volume 82, Number 238 (Wednesday, December 13, 2017)] [Notices] [Pages 58683-58684] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-26871] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2017-0041] 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 51 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., 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 August 24, 2017, FMCSA published a notice announcing receipt of applications from 51 individuals requesting an exemption from diabetes requirement in 49 CFR 391.41(b)(3) and requested comments from the public (82 FR 40221). The public comment period ended on September 25, 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. Randall Lambdin, Trenton Colyer, and Joe Schneider stated that they are in favor of granting Matthew Follis an exemption because they believe he is a safe driver. Vicky Johnson stated that Minnesota DVS is in favor of granting exemptions to the [[Page 58684]] following Minnesota drivers: Mohannad S. Alomran, Ryan M. Chesemore, Mark D. Nelson, and Louis L. Sorenson. 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 40221) and will not be repeated in this notice. These 51 applicants have had ITDM over a range of one to 47 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 51 exemption applications, FMCSA exempts the following drivers from the diabetes requirement in 49 CFR 391.41(b)(10), subject to the requirements cited above: Mohannad S. Alomran (MN) Richard B. Aungier (MT) Samantha F. Austin (WY) Peter A. Baines (VA) Charles B. Blythe (NC) Robert A. Brown (NC) Joseph M. Cangialosi (NY) Ryan M. Chesemore (MN) Adam W. Clindaniel (IN) Roy S. Decker (KY) John P. Dice, Sr. (NE) Gary Downer (NH) Charles E. Ellis (KY) Jesus M. Figueroa (IL) Matthew F. Follis (IL) Laura J. Gardocki (NH) Timothy P. Gatzke (CT) Heith A. Gibbs (MO) Ralp E. Gibson (VA) Robert J. Gough (SD) Milton Green (NJ) James R. Grosso (MI) Trevor D. Hollingsworth (MA) Dwight R. James (WA) Gailen E. Jarrett (NE) Terry L. King (OR) Dennis V. Klima (KS) Nelson F. Kuney (WA) Robert J. Landers, Jr. (MA) Donald A. Launsby (NH) Jesse R. Leedom (DE) Ronald Liggins (OH) Theodore G. Lynn, III (FL) James T. McBride (GA) Charles L. McDaniel, Jr. (NH) Mark D. Nelson (MN) John B. Nodine (SC) Joseph D. Pawlikowski, Jr. (CO) Steven R. Post (WV) Henry A. Reyenga (CA) Jay B. Ruby (IL) Donald J. Schinner, Jr. (IN) Randy A. Shannon (MT) Brian B. Singer (ID) Louis L. Sorenson (MN) Norman M. Tello (WA) Dean T. VonHagen (IA) Thomas Windley, Jr. (CA) Joshua G. Wolfzahn (MA) Christopher T. Worsley (MA) Mark F. Yoder (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 6, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017-26871 Filed 12-12-17; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 82, No. 238 / Wednesday, December 13, 2017 / Notices 58683
intrastate inspections recorded in the VI. Conclusion Monday through Friday, except Federal
Motor Carrier Management Information Based upon its evaluation of the five holidays. If you have questions
System (MCMIS). For non-CDL holders, exemption applications, FMCSA regarding viewing or submitting
the Agency reviewed the driving records exempts the following drivers from the material to the docket, contact Docket
from the State Driver’s Licensing epilepsy and seizure disorder Services, telephone (202) 366–9826.
Agency (SDLA). A summary of each prohibition, 49 CFR 391.41(b)(8), subject SUPPLEMENTARY INFORMATION:
applicant’s seizure history was to the requirements cited above:
discussed in the October 11, 2017 I. Electronic Access
Federal Register notice (82 FR 47299) Gary T. Clark (KY) You may see all the comments online
and will not be repeated in this notice. Gary J. Gress (PA) through the Federal Document
Joseph R. Lamkin (KY) Management System (FDMS) at: http://
These five applicants have been Kenneth L. Lewis (NC)
seizure-free over a range of 23 years www.regulations.gov.
Sean C. Moran (MA) Docket: For access to the docket to
while taking anti-seizure medication In accordance with 49 U.S.C.
and maintained a stable medication read background documents or
31315(b)(1), each exemption will be comments, go to http://
treatment regimen for the last two years. valid for two years from the effective
In each case, the applicant’s treating www.regulations.gov and/or Room
date unless revoked earlier by FMCSA. W12–140 on the ground level of the
physician verified his or her seizure The exemption will be revoked if the
history and supports the ability to drive West Building, 1200 New Jersey Avenue
following occurs: (1) The person fails to SE, Washington, DC, between 9 a.m. and
commercially. comply with the terms and conditions 5 p.m., e.t., Monday through Friday,
The Agency acknowledges the of the exemption; (2) the exemption has except Federal holidays.
potential consequences of a driver resulted in a lower level of safety than Privacy Act: In accordance with 5
experiencing a seizure while operating a was maintained prior to being granted; U.S.C. 553(c), DOT solicits comments
CMV. However, the Agency believes the or (3) continuation of the exemption from the public to better inform its
drivers granted this exemption have would not be consistent with the goals rulemaking process. DOT posts these
demonstrated that they are unlikely to and objectives of 49 U.S.C. 31136 and comments, without edit, including any
have a seizure and their medical 31315. personal information the commenter
condition does not pose a risk to public provides, to http://www.regulations.gov,
Issued on: December 6, 2017.
safety. as described in the system of records
Larry W. Minor,
Consequently, FMCSA finds that in notice (DOT/ALL–14 FDMS), which can
Associate Administrator for Policy.
each case exempting these applicants be reviewed at http://www.dot.gov/
[FR Doc. 2017–26874 Filed 12–12–17; 8:45 am]
from the epilepsy and seizure disorder privacy.
BILLING CODE 4910–EX–P
prohibition in 49 CFR 391.41(b)(8) is II. Background
likely to achieve a level of safety equal
to that existing without the exemption. On August 24, 2017, FMCSA
DEPARTMENT OF TRANSPORTATION published a notice announcing receipt
IV. Conditions and Requirements of applications from 51 individuals
Federal Motor Carrier Safety
requesting an exemption from diabetes
The terms and conditions of the Administration
requirement in 49 CFR 391.41(b)(3) and
exemption are provided to the
[Docket No. FMCSA–2017–0041] requested comments from the public (82
applicants in the exemption document
FR 40221). The public comment period
and includes the following: (1) Each Qualification of Drivers; Exemption ended on September 25, 2017, and four
driver must remain seizure-free and Applications; Diabetes Mellitus comments were received.
maintain a stable treatment during the
AGENCY: Federal Motor Carrier Safety FMCSA has evaluated the eligibility
two-year exemption period; (2) each
Administration (FMCSA), DOT. of these applicants and determined that
driver must submit annual reports from
granting the exemptions to these
their treating physicians attesting to the ACTION: Notice of final disposition.
individuals would achieve a level of
stability of treatment and that the driver
SUMMARY: FMCSA announces its safety equivalent to or greater than the
has remained seizure-free; (3) each
decision to exempt 51 individuals from level that would be achieved by
driver must undergo an annual medical
the prohibition in the Federal Motor complying with the current regulation
examination by a certified Medical
Carrier Safety Regulations (FMCSRs) 49 CFR 391.41(b)(3).
Examiner, as defined by 49 CFR 390.5; The physical qualification standard
and (4) each driver must provide a copy against persons with insulin-treated
diabetes mellitus (ITDM) from operating for drivers regarding diabetes found in
of the annual medical certification to 49 CFR 391.41(b)(3) states that a person
the employer for retention in the a commercial motor vehicle (CMV) in
interstate commerce. The exemptions is physically qualified to drive a CMV
driver’s qualification file, or keep a copy if that person has no established
of his/her driver’s qualification file if enable these individuals with ITDM to
operate CMVs in interstate commerce. medical history or clinical diagnosis of
he/she is self-employed. The driver diabetes mellitus currently requiring
must also have a copy of the exemption DATES: The exemptions were applicable
insulin for control.
when driving, for presentation to a duly on September 26, 2017. The exemptions
authorized Federal, State, or local expire on September 26, 2019. III. Discussion of Comments
enforcement official. FOR FURTHER INFORMATION CONTACT: Ms. FMCSA received four comments in
sradovich on DSK3GMQ082PROD with NOTICES
V. Preemption Christine A. Hydock, Chief, Medical this proceeding. Randall Lambdin,
Programs Division, (202) 366–4001, Trenton Colyer, and Joe Schneider
During the period the exemption is in fmcsamedical@dot.gov, FMCSA, stated that they are in favor of granting
effect, no State shall enforce any law or Department of Transportation, 1200 Matthew Follis an exemption because
regulation that conflicts with this New Jersey Avenue SE, Room W64–224, they believe he is a safe driver. Vicky
exemption with respect to a person Washington, DC 20590–0001. Office Johnson stated that Minnesota DVS is in
operating under the exemption. hours are from 8:30 a.m. to 5 p.m., e.t., favor of granting exemptions to the
VerDate Sep<11>2014 18:53 Dec 12, 2017 Jkt 244001 PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 E:\FR\FM\13DEN1.SGM 13DEN1](https://thefederalregister.org/doc/82_FR_58921/page/1.svg)
![58684 Federal Register / Vol. 82, No. 238 / Wednesday, December 13, 2017 / Notices
following Minnesota drivers: Mohannad diabetes; also, any involvement in an Mark D. Nelson (MN)
S. Alomran, Ryan M. Chesemore, Mark accident or any other adverse event in John B. Nodine (SC)
D. Nelson, and Louis L. Sorenson. a CMV or personal vehicle, whether or Joseph D. Pawlikowski, Jr. (CO)
not it is related to an episode of Steven R. Post (WV)
IV. Basis for Exemption Determination Henry A. Reyenga (CA)
hypoglycemia; (3) each driver must
Under 49 U.S.C. 31136(e) and 31315, provide a copy of the ophthalmologist’s Jay B. Ruby (IL)
FMCSA may grant an exemption from or optometrist’s report to the Medical Donald J. Schinner, Jr. (IN)
the diabetes standard in 49 CFR Examiner at the time of the annual Randy A. Shannon (MT)
391.41(b)(3) if the exemption is likely to medical examination; and (4) each Brian B. Singer (ID)
achieve an equivalent or greater level of driver must provide a copy of the Louis L. Sorenson (MN)
safety than would be achieved without annual medical certification to the Norman M. Tello (WA)
the exemption. The exemption allows employer for retention in the driver’s Dean T. VonHagen (IA)
the applicants to operate CMVs in qualification file, or keeping a copy in Thomas Windley, Jr. (CA)
interstate commerce. his/her driver’s qualification file if he/ Joshua G. Wolfzahn (MA)
The Agency’s decision regarding these she is self-employed. The driver must Christopher T. Worsley (MA)
exemption applications is based on the also have a copy of the exemption when Mark F. Yoder (IL)
program eligibility criteria and an driving, for presentation to a duly In accordance with 49 U.S.C. 31136(e)
individualized assessment of authorized Federal, State, or local and 31315, each exemption will be valid
information submitted by each enforcement official. for two years from the effective date
applicant. The qualifications, unless revoked earlier by FMCSA. The
experience, and medical condition of VI. Preemption exemption will be revoked if the
each applicant were stated and During the period the exemption is in following occurs: (1) The person fails to
discussed in detail in the August 24, effect, no State shall enforce any law or comply with the terms and conditions
2017, Federal Register notice (82 FR regulation that conflicts with this of the exemption; (2) the exemption has
40221) and will not be repeated in this exemption with respect to a person resulted in a lower level of safety than
notice. operating under the exemption. was maintained prior to being granted;
These 51 applicants have had ITDM or (3) continuation of the exemption
over a range of one to 47 years. These VII. Conclusion would not be consistent with the goals
applicants report no severe Based upon its evaluation of the 51 and objectives of 49 U.S.C. 31136(e) and
hypoglycemic reactions resulting in loss exemption applications, FMCSA 31315.
of consciousness or seizure, requiring exempts the following drivers from the
the assistance of another person, or Issued on: December 6, 2017.
diabetes requirement in 49 CFR
resulting in impaired cognitive function Larry W. Minor,
391.41(b)(10), subject to the
that occurred without warning Associate Administrator for Policy.
requirements cited above:
symptoms, in the past 12 months and no Mohannad S. Alomran (MN)
[FR Doc. 2017–26871 Filed 12–12–17; 8:45 am]
recurrent (two or more) severe Richard B. Aungier (MT) BILLING CODE 4910–EX–P
hypoglycemic episodes in the past five Samantha F. Austin (WY)
years. In each case, an endocrinologist Peter A. Baines (VA)
verified that the driver has DEPARTMENT OF TRANSPORTATION
Charles B. Blythe (NC)
demonstrated a willingness to properly Robert A. Brown (NC)
monitor and manage his/her diabetes Federal Motor Carrier Safety
Joseph M. Cangialosi (NY) Administration
mellitus, received education related to Ryan M. Chesemore (MN)
diabetes management, and is on a stable Adam W. Clindaniel (IN) [FMCSA Docket No. FMCSA–2017–0043]
insulin regimen. These drivers report no Roy S. Decker (KY)
other disqualifying conditions, John P. Dice, Sr. (NE) Qualification of Drivers; Exemption
including diabetes related Gary Downer (NH) Applications; Diabetes Mellitus
complications. Each meets the vision Charles E. Ellis (KY) AGENCY: Federal Motor Carrier Safety
requirement at 49 CFR 391.41(b)(10). Jesus M. Figueroa (IL)
Consequently, FMCSA finds that in Administration (FMCSA), DOT.
Matthew F. Follis (IL)
each case exempting these applicants ACTION: Notice of final disposition.
Laura J. Gardocki (NH)
from the diabetes requirement in 49 CFR Timothy P. Gatzke (CT) SUMMARY: FMCSA announces its
391.41(b)(3) is likely to achieve a level Heith A. Gibbs (MO) decision to exempt 31 individuals from
of safety equal to that existing without Ralp E. Gibson (VA) the prohibition in the Federal Motor
the exemption. Robert J. Gough (SD) Carrier Safety Regulations (FMCSRs)
V. Conditions and Requirements Milton Green (NJ) against persons with insulin-treated
James R. Grosso (MI) diabetes mellitus (ITDM) from operating
The terms and conditions of the Trevor D. Hollingsworth (MA)
exemption are provided to the a commercial motor vehicle (CMV) in
Dwight R. James (WA) interstate commerce. The exemptions
applicants in the exemption document Gailen E. Jarrett (NE)
and includes the following: (1) Each enable these individuals with ITDM to
Terry L. King (OR)
driver must submit a quarterly operate CMVs in interstate commerce.
Dennis V. Klima (KS)
monitoring checklist completed by the DATES: The exemptions were applicable
sradovich on DSK3GMQ082PROD with NOTICES
Nelson F. Kuney (WA)
treating endocrinologist as well as an Robert J. Landers, Jr. (MA) on October 20, 2017. The exemptions
annual checklist with a comprehensive Donald A. Launsby (NH) expire on October 20, 2019.
medical evaluation; (2) each driver must Jesse R. Leedom (DE) FOR FURTHER INFORMATION CONTACT: Ms.
report within two business days of Ronald Liggins (OH) Christine A. Hydock, Chief, Medical
occurrence, all episodes of severe Theodore G. Lynn, III (FL) Programs Division, (202) 366–4001,
hypoglycemia, significant James T. McBride (GA) fmcsamedical@dot.gov, FMCSA,
complications, or inability to manage Charles L. McDaniel, Jr. (NH) Department of Transportation, 1200
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Document Created: 2017-12-13 01:24:03
Document Modified: 2017-12-13 01:24:03
| 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., 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 58683 |
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