82 FR 58684 - 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 | 58684-58686 | |
| FR Document | 2017-26867 |
[Federal Register Volume 82, Number 238 (Wednesday, December 13, 2017)] [Notices] [Pages 58684-58686] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-26867] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA-2017-0043] 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 31 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 20, 2017. The exemptions expire on October 20, 2019. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 [[Page 58685]] 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 September 19, 2017, FMCSA published a notice announcing receipt of applications from 31 individuals requesting an exemption from diabetes requirement in 49 CFR 391.41(b)(3) and requested comments from the public (82 FR 43810). The public comment period ended on October 19, 2017, and no 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 no comments in this proceeding. 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 19, 2017 Federal Register notice (82 FR 43810) and will not be repeated in this notice. These 31 applicants have had ITDM over a range of 1 to 30 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 31 exemption applications, FMCSA exempts the following drivers from the diabetes requirement in 49 CFR 391.41(b)(10), subject to the requirements cited above: Valerian J. Ahles (MN) Gabriel P. Aranda (ID) Herbert M. Boggs, Sr. (VA) Samuel D. Chadwick (NY) Michael J. Coopey (NJ) David A. Dworak (WI) Francis G. Gahr (PA) Robert Giordano (NJ) John W.E. Haddad (VA) Anthony W. Hartley (ME) Shay S. Hobbs (AL) Jack T. Jaworski (NY) Mark E. Jernstad (IL) Kenneth F. Julius (MN) Timothy D. Kinsey (SC) Fred A. Klein (MT) Kenneth C. Knighten (OR) Thomas R. Ligman (PA) Richard A. Miller (PA) Thomas J. Miller, Jr. (NC) Danny L. Nelson (MA) James D. Northum (TX) Everett M. Ortiz (OR) Rodney D. Rexford (NH) Michael K. Richardson (SC) Daniel L. Richardson, Sr. (MD) Eliezer Rivera-Nieves (CT) Jacob D. Savage (TN) Jamesha K. Thomas (SC) Stephen M. Ward (MA) Robert A. Young (TN) 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 [[Page 58686]] 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. 2017-26867 Filed 12-12-17; 8:45 am] BILLING CODE 4910-EX-P
![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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![58686 Federal Register / Vol. 82, No. 238 / Wednesday, December 13, 2017 / Notices
comply with the terms and conditions www.regulations.gov, including any the exemption will achieve the required
of the exemption; (2) the exemption has personal information provided. Please level of safety mandated by statute.
resulted in a lower level of safety than see the Privacy Act heading below for The physical qualification standard
was maintained prior to being granted; further information. for drivers regarding diabetes found in
or (3) continuation of the exemption Docket: For access to the docket to 49 CFR 391.41(b)(3) states that a person
would not be consistent with the goals read background documents or is physically qualified to drive a CMV
and objectives of 49 U.S.C. 31136(e) and comments, go to http:// if that person has no established
31315. www.regulations.gov at any time or medical history or clinical diagnosis of
Room W12–140 on the ground level of diabetes mellitus currently requiring
Issued on: December 6, 2017.
the West Building, 1200 New Jersey insulin for control. The Agency
Larry W. Minor,
Avenue SE, Washington, DC, between 9 established the current requirement for
Associate Administrator for Policy. diabetes in 1970 because several risk
a.m. and 5 p.m., E.T., Monday through
[FR Doc. 2017–26867 Filed 12–12–17; 8:45 am] Friday, except Federal holidays. The studies indicated that drivers with
BILLING CODE 4910–EX–P FDMS is available 24 hours each day diabetes had a higher rate of crash
E.T., 365 days each year. If you want involvement than the general
acknowledgment that we received your population. The Agency established the
DEPARTMENT OF TRANSPORTATION comments, please include a self- current requirement for diabetes in 1970
addressed, stamped envelope or because several risk studies indicated
Federal Motor Carrier Safety that drivers with diabetes had a higher
Administration postcard or print the acknowledgement
page that appears after submitting rate of crash involvement than the
[Docket No. FMCSA–2017–0236] comments online. general population.
Privacy Act: In accordance with 5 FMCSA established its diabetes
Qualification of Drivers; Exemption U.S.C. 553(c), DOT solicits comments exemption program, based on the
Applications; Diabetes Mellitus from the public to better inform its Agency’s July 2000 study entitled ‘‘A
rulemaking process. DOT posts these Report to Congress on the Feasibility of
AGENCY: Federal Motor Carrier Safety
comments, without edit, including any a Program to Qualify Individuals with
Administration (FMCSA), DOT.
personal information the commenter Insulin-Treated Diabetes Mellitus to
ACTION: Notice of applications for Operate in Interstate Commerce as
exemption; request for comments. provides, to http://www.regulations.gov,
as described in the system of records Directed by the Transportation Act for
SUMMARY: FMCSA announces receipt of notice (DOT/ALL–14 FDMS), which can the 21st Century.’’ The report concluded
be reviewed at http://www.dot.gov/ that a safe and practicable protocol to
applications from 49 individuals for an
privacy. allow some drivers with ITDM to
exemption from the prohibition in the
operate CMVs is feasible. The
Federal Motor Carrier Safety FOR FURTHER INFORMATION CONTACT: Ms. September 3, 2003 (68 FR 52441),
Regulations (FMCSRs) against persons Christine A. Hydock, Chief, Medical Federal Register notice in conjunction
with insulin-treated diabetes mellitus Programs Division, (202) 366–4001, with the November 8, 2005 (70 FR
(ITDM) operating a commercial motor fmcsamedical@dot.gov, FMCSA, 67777), Federal Register notice provides
vehicle (CMV) in interstate commerce. If Department of Transportation, 1200 the current protocol for allowing such
granted, the exemptions would enable New Jersey Avenue SE, Room W64–224, drivers to operate CMVs in interstate
these individuals with ITDM to operate Washington, DC 20590–0001. Office commerce.
CMVs in interstate commerce. hours are 8:30 a.m. to 5 p.m., E.T., FMCSA notes that section 4129 of the
DATES: Comments must be received on Monday through Friday, except Federal Safe, Accountable, Flexible and
or before January 12, 2018. holidays. If you have questions Efficient Transportation Equity Act: A
ADDRESSES: You may submit comments regarding viewing or submitting Legacy for Users requires the Secretary
bearing the Federal Docket Management material to the docket, contact Docket to revise its diabetes exemption program
System (FDMS) Docket No. FMCSA– Services, telephone (202) 366–9826. established on September 3, 2003 (68 FR
2017–0236 using any of the following SUPPLEMENTARY INFORMATION: 52441). The revision must provide for
methods: individual assessment of drivers with
• Federal eRulemaking Portal: Go to I. Background diabetes mellitus, and be consistent
http://www.regulations.gov. Follow the Under 49 U.S.C. 31136(e) and 31315, with the criteria described in section
online instructions for submitting FMCSA may grant an exemption from 4018 of the Transportation Equity Act
comments. the FMCSRs for a five-year period if it for the 21st Century (49 U.S.C. 31305).
• Mail: Docket Management Facility; finds ‘‘such exemption would likely Section 4129 requires: (1) Elimination of
U.S. Department of Transportation, 1200 achieve a level of safety that is the requirement for three years of
New Jersey Avenue SE, West Building equivalent to or greater than the level experience operating CMVs while being
Ground Floor, Room W12–140, that would be achieved absent such treated with insulin; and (2)
Washington, DC 20590–0001. exemption.’’ The statute also allows the establishment of a specified minimum
• Hand Delivery: West Building Agency to renew exemptions at the end period of insulin use to demonstrate
Ground Floor, Room W12–140, 1200 of the five-year period. FMCSA grants stable control of diabetes before being
New Jersey Avenue SE, Washington, exemptions from the FMCSRs for a two- allowed to operate a CMV.
DC, between 9 a.m. and 5 p.m., E.T., year period to align with the maximum In response to section 4129, FMCSA
made immediate revisions to the
sradovich on DSK3GMQ082PROD with NOTICES
Monday through Friday, except Federal duration of a driver’s medical
Holidays. certification. diabetes exemption program established
• Fax: 1–202–493–2251. The 49 individuals listed in this by the September 3, 2003 notice.
Instructions: Each submission must notice have requested an exemption FMCSA discontinued use of the three-
include the Agency name and the from the diabetes prohibition in 49 CFR year driving experience and fulfilled the
docket number(s) for this notice. Note 391.41(b)(3). Accordingly, the Agency requirements of section 4129 while
that all comments received will be will evaluate the qualifications of each continuing to ensure that operation of
posted without change to http:// applicant to determine whether granting CMVs by drivers with ITDM will
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Document Created: 2017-12-13 01:23:43
Document Modified: 2017-12-13 01:23:43
| 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 20, 2017. The exemptions expire on October 20, 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 58684 |
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