83 FR 15212 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 68 (April 9, 2018)

Page Range		15212-15213
FR Document		2018-07203

FMCSA announces its decision to exempt 23 individuals from the prohibition in the Federal Motor Carrier Safety Regulations (FMCSRs) against persons with insulin-treated diabetes mellitus (ITDM) from operating a commercial motor vehicle (CMV) in interstate commerce. The exemptions enable these individuals with ITDM to operate CMVs in interstate commerce.

Federal Register, Volume 83 Issue 68 (Monday, April 9, 2018)

[Federal Register Volume 83, Number 68 (Monday, April 9, 2018)]
[Notices]
[Pages 15212-15213]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-07203]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2017-0288]


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 23 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 February 16, 2018. The 
exemptions expire on February 16, 2020.

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 January 16, 2018, FMCSA published a notice announcing receipt of 
applications from 23 individuals requesting an exemption from diabetes 
requirement in 49 CFR 391.41(b)(3) and requested comments from the 
public (83 FR 2317). The public comment period ended on February 15, 
2018, 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 January 16, 2018 Federal 
Register notice (83 FR 2317) and will not be repeated in this notice.
    These 23 applicants have had ITDM over a range of 1 to 35 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 23 exemption applications, FMCSA 
exempts the following drivers from the diabetes requirement in 49 CFR 
391.41(b)(10), subject to the requirements cited above:

Irah H. Buttgenbach, Jr. (IN)
Scott A. Civitarese (MA)

[[Page 15213]]

Cornelius Clark (OH)
Ronald J. Danielson (MN)
Mark A.L. Givan (AR)
Lyle C. Hatfield (MI)
Brian C. Hosea (OR)
James Middlebrook, III (OH)
Thomas B. Miller (VA)
Keith E. Moran (RI)
Christopher R. Pearson (MN)
John C. Plaster (IN)
Glenn E. Rausch (MD)
Ricardo P. Salazar (NM)
Seann D. Sampson (FL)
Alex Shirvani (NY)
Cameron M. Simpson (CA)
Phillip J. Sobczak (WI)
Christoph Trimblett (NJ)
Martin L. Veitz (PA)
Kenneth W. West (OH)
Rodney J. Woods (AL)
Timothy A. Zimmerman (IN)

    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: April 2, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-07203 Filed 4-6-18; 8:45 am]
 BILLING CODE 4910-EX-P

15212 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices

Issued on: April 2, 2018. provides, to http://www.regulations.gov, hypoglycemic episodes in the past five
Larry W. Minor, as described in the system of records years. In each case, an endocrinologist
Associate Administrator for Policy. notice (DOT/ALL–14 FDMS), which can verified that the driver has
[FR Doc. 2018–07181 Filed 4–6–18; 8:45 am] be reviewed at http://www.dot.gov/ demonstrated a willingness to properly
BILLING CODE 4910–EX–P
privacy. monitor and manage his/her diabetes
mellitus, received education related to
II. Background diabetes management, and is on a stable
DEPARTMENT OF TRANSPORTATION On January 16, 2018, FMCSA insulin regimen. These drivers report no
published a notice announcing receipt other disqualifying conditions,
Federal Motor Carrier Safety of applications from 23 individuals including diabetes related
Administration requesting an exemption from diabetes complications. Each meets the vision
requirement in 49 CFR 391.41(b)(3) and requirement at 49 CFR 391.41(b)(10).
[FMCSA Docket No. FMCSA–2017–0288]
requested comments from the public (83 Consequently, FMCSA finds that in
Qualification of Drivers; Exemption FR 2317). The public comment period each case exempting these applicants
Applications; Diabetes Mellitus ended on February 15, 2018, and no from the diabetes requirement in 49 CFR
comments were received. 391.41(b)(3) is likely to achieve a level
AGENCY: Federal Motor Carrier Safety FMCSA has evaluated the eligibility of safety equal to that existing without
Administration (FMCSA), DOT. of these applicants and determined that the exemption.
ACTION: Notice of final disposition. granting the exemptions to these
V. Conditions and Requirements
individuals would achieve a level of
SUMMARY: FMCSA announces its safety equivalent to or greater than the The terms and conditions of the
decision to exempt 23 individuals from level that would be achieved by exemption are provided to the
the prohibition in the Federal Motor complying with the current regulation applicants in the exemption document
Carrier Safety Regulations (FMCSRs) 49 CFR 391.41(b)(3). and includes the following: (1) Each
against persons with insulin-treated The physical qualification standard driver must submit a quarterly
diabetes mellitus (ITDM) from operating for drivers regarding diabetes found in monitoring checklist completed by the
a commercial motor vehicle (CMV) in 49 CFR 391.41(b)(3) states that a person treating endocrinologist as well as an
interstate commerce. The exemptions is physically qualified to drive a CMV annual checklist with a comprehensive
enable these individuals with ITDM to if that person has no established medical evaluation; (2) each driver must
operate CMVs in interstate commerce. medical history or clinical diagnosis of report within two business days of
DATES: The exemptions were applicable diabetes mellitus currently requiring occurrence, all episodes of severe
on February 16, 2018. The exemptions insulin for control. hypoglycemia, significant
expire on February 16, 2020. complications, or inability to manage
III. Discussion of Comments diabetes; also, any involvement in an
FOR FURTHER INFORMATION CONTACT: Ms.
FMCSA received no comments in this accident or any other adverse event in
Christine A. Hydock, Chief, Medical proceeding. a CMV or personal vehicle, whether or
Programs Division, (202) 366–4001,
not it is related to an episode of
fmcsamedical@dot.gov, FMCSA, IV. Basis for Exemption Determination
hypoglycemia; (3) each driver must
Department of Transportation, 1200 Under 49 U.S.C. 31136(e) and 31315, provide a copy of the ophthalmologist’s
New Jersey Avenue SE, Room W64–224, FMCSA may grant an exemption from or optometrist’s report to the Medical
Washington, DC 20590–0001. Office the diabetes standard in 49 CFR Examiner at the time of the annual
hours are from 8:30 a.m. to 5 p.m., e.t., 391.41(b)(3) if the exemption is likely to medical examination; and (4) each
Monday through Friday, except Federal achieve an equivalent or greater level of driver must provide a copy of the
holidays. If you have questions safety than would be achieved without annual medical certification to the
regarding viewing or submitting the exemption. The exemption allows employer for retention in the driver’s
material to the docket, contact Docket the applicants to operate CMVs in qualification file, or keeping a copy in
Services, telephone (202) 366–9826. interstate commerce. his/her driver’s qualification file if he/
SUPPLEMENTARY INFORMATION: The Agency’s decision regarding these she is self-employed. The driver must
exemption applications is based on the also have a copy of the exemption when
I. Electronic Access
program eligibility criteria and an driving, for presentation to a duly
You may see all the comments online individualized assessment of authorized Federal, State, or local
through the Federal Document information submitted by each enforcement official.
Management System (FDMS) at: http:// applicant. The qualifications,
www.regulations.gov. experience, and medical condition of VI. Preemption
Docket: For access to the docket to each applicant were stated and During the period the exemption is in
read background documents or discussed in detail in the January 16, effect, no State shall enforce any law or
comments, go to http:// 2018 Federal Register notice (83 FR regulation that conflicts with this
www.regulations.gov and/or Room 2317) and will not be repeated in this exemption with respect to a person
W12–140 on the ground level of the notice. operating under the exemption.
West Building, 1200 New Jersey Avenue These 23 applicants have had ITDM
SE, Washington, DC, between 9 a.m. and over a range of 1 to 35 years. These VII. Conclusion
5 p.m., e.t., Monday through Friday, applicants report no severe Based upon its evaluation of the 23
sradovich on DSK3GMQ082PROD with NOTICES

except Federal holidays. hypoglycemic reactions resulting in loss exemption applications, FMCSA
Privacy Act: In accordance with 5 of consciousness or seizure, requiring exempts the following drivers from the
U.S.C. 553(c), DOT solicits comments the assistance of another person, or diabetes requirement in 49 CFR
from the public to better inform its resulting in impaired cognitive function 391.41(b)(10), subject to the
rulemaking process. DOT posts these that occurred without warning requirements cited above:
comments, without edit, including any symptoms, in the past 12 months and no Irah H. Buttgenbach, Jr. (IN)
personal information the commenter recurrent (two or more) severe Scott A. Civitarese (MA)

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Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices 15213

Cornelius Clark (OH) exemptions enable these individuals The physical qualification standard
Ronald J. Danielson (MN) who have had one or more seizures and for drivers regarding epilepsy found in
Mark A.L. Givan (AR) are taking anti-seizure medication to 49 CFR 391.41(b)(8) states that a person
Lyle C. Hatfield (MI) continue to operate CMVs in interstate is physically qualified to drive a CMV
Brian C. Hosea (OR) commerce. if that person has no established
James Middlebrook, III (OH) DATES: The exemptions were applicable medical history or clinical diagnosis of
Thomas B. Miller (VA) on December 16, 2017. The exemptions epilepsy or any other condition which
Keith E. Moran (RI) expire on December 16, 2019. is likely to cause the loss of
Christopher R. Pearson (MN) FOR FURTHER INFORMATION CONTACT: Ms. consciousness or any loss of ability to
John C. Plaster (IN) Christine A. Hydock, Chief, Medical control a CMV.
Glenn E. Rausch (MD) Programs Division, (202) 366–4001, In addition to the regulations, FMCSA
Ricardo P. Salazar (NM) fmcsamedical@dot.gov, FMCSA, has published advisory criteria to assist
Seann D. Sampson (FL) Department of Transportation, 1200 Medical Examiners in determining
Alex Shirvani (NY) New Jersey Avenue SE, Room W64–224,
Cameron M. Simpson (CA) whether drivers with certain medical
Washington, DC 20590–0001. Office
Phillip J. Sobczak (WI) conditions are qualified to operate a
hours are from 8:30 a.m. to 5 p.m., e.t.,
Christoph Trimblett (NJ) CMV in interstate commerce. [49 CFR
Monday through Friday, except Federal
Martin L. Veitz (PA) part 391, APPENDIX A TO PART 391—
holidays. If you have questions
Kenneth W. West (OH) regarding viewing or submitting MEDICAL ADVISORY CRITERIA,
Rodney J. Woods (AL) material to the docket, contact Docket section H. Epilepsy: § 391.41(b)(8),
Timothy A. Zimmerman (IN) Services, telephone (202) 366–9826. paragraphs 3, 4, and 5.]
In accordance with 49 U.S.C. 31136(e) SUPPLEMENTARY INFORMATION: III. Discussion of Comments
and 31315, each exemption will be valid
I. Electronic Access FMCSA received no comments in this
for two years from the effective date
unless revoked earlier by FMCSA. The You may see all the comments online proceeding.
exemption will be revoked if the through the Federal Document
Management System (FDMS) at: http:// IV. Conclusion
following occurs: (1) The person fails to
comply with the terms and conditions www.regulations.gov. Based upon its evaluation of the six
of the exemption; (2) the exemption has Docket: For access to the docket to renewal exemption applications,
resulted in a lower level of safety than read background documents or
FMCSA announces its’ decision to
was maintained prior to being granted; comments, go to http://
exempt the following drivers from the
or (3) continuation of the exemption www.regulations.gov and/or Room
epilepsy and seizure disorders
would not be consistent with the goals W12–140 on the ground level of the
West Building, 1200 New Jersey Avenue prohibition in 49 CFR 391.41 (b)(8):
and objectives of 49 U.S.C. 31136(e) and
SE, Washington, DC, between 9 a.m. and Robert J. Forney (WI)
31315.
5 p.m., e.t., Monday through Friday, Curtis A. Hartman (MD)
Issued on: April 2, 2018. except Federal holidays.
Larry W. Minor, Privacy Act: In accordance with 5 Wendell F. Headley, Jr. (MO)
Associate Administrator for Policy. U.S.C. 553(c), DOT solicits comments Michael W. Ketchum (MI)
[FR Doc. 2018–07203 Filed 4–6–18; 8:45 am] from the public to better inform its Marion F. Legg, Jr. (MD)
BILLING CODE 4910–EX–P rulemaking process. DOT posts these
comments, without edit, including any Chance J. O’Mary (AK)
personal information the commenter The drivers were included in docket
DEPARTMENT OF TRANSPORTATION provides, to http://www.regulations.gov, numbers FMCSA–2014–0382; FMCSA–
as described in the system of records 2015–0115; FMCSA–2015–0119. Their
Federal Motor Carrier Safety notice (DOT/ALL–14 FDMS), which can exemptions are applicable as of
Administration be reviewed at http://www.dot.gov/ December 16, 2017, and will expire on
[Docket Nos. FMCSA–2014–0382; FMCSA– privacy. December 16, 2019.
2015–0115; FMCSA–2015–0119] II. Background In accordance with 49 U.S.C. 31315,
On January 31, 2018, FMCSA each exemption will be valid for two
Qualification of Drivers; Exemption years from the effective date unless
Applications; Epilepsy and Seizure published a notice announcing its
decision to renew exemptions for six revoked earlier by FMCSA. The
Disorders exemption will be revoked if the
individuals from the epilepsy and
AGENCY: Federal Motor Carrier Safety seizure disorders prohibition in 49 CFR following occurs: (1) The person fails to
Administration (FMCSA), DOT. 391.41(b)(8) to operate a CMV in comply with the terms and conditions
ACTION: Notice of final disposition. interstate commerce and requested of the exemption; (2) the exemption has
comments from the public (83 FR 4546). resulted in a lower level of safety than
SUMMARY: FMCSA announces its The public comment period ended on was maintained prior to being granted;
decision to renew exemptions for six March 2, 2018, and no comments were or (3) continuation of the exemption
individuals from the requirement in the received. would not be consistent with the goals
Federal Motor Carrier Safety and objectives of 49 U.S.C. 31136 and
sradovich on DSK3GMQ082PROD with NOTICES

As stated in the previous notice,
Regulations (FMCSRs) that interstate FMCSA has evaluated the eligibility of 31315.
commercial motor vehicle (CMV) these applicants and determined that Issued on: April 2, 2018.
drivers have ‘‘no established medical renewing these exemptions would
Larry W. Minor,
history or clinical diagnosis of epilepsy achieve a level of safety equivalent to or
or any other condition which is likely greater than the level that would be Associate Administrator for Policy.
to cause loss of consciousness or any achieved by complying with the current [FR Doc. 2018–07190 Filed 4–6–18; 8:45 am]
loss of ability to control a CMV.’’ The regulation 49 CFR 391.41(b)(8). BILLING CODE 4910–EX–P

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Document Created: 2018-04-07 02:39:26
Document Modified: 2018-04-07 02:39:26

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 February 16, 2018. The exemptions expire on February 16, 2020.
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		83 FR 15212

83 FR 15212 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 68 (April 9, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration