83 FR 15219 - 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		15219-15220
FR Document		2018-07206

FMCSA announces its decision to exempt 40 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 15219-15220]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-07206]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2017-0286]


Qualification of Drivers; Exemption Applications; Diabetes 
Mellitus

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to exempt 40 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

[[Page 15220]]

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 40 individuals requesting an exemption from diabetes 
requirement in 49 CFR 391.41(b)(3) and requested comments from the 
public (83 FR 2283). 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 2283) and will not be repeated in this notice.
    These 40 applicants have had ITDM over a range of one to 24 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 40 exemption applications, FMCSA 
exempts the following drivers from the diabetes requirement in 49 CFR 
391.41(b)(10), subject to the requirements cited above:

Kyle A. Bernard (PA)
Zachary R. Brigham (SC)
Kenneth D. Chitwood (PA)
Tony M. Damesworth (TN)
Walter Dudiak (PA)
Mark T. Feldmann (KY)
John H. Fritz (IN)
Scott T. Fry (CO)
Richard E. Henderson (AZ)
Leah M. Hennes (MN)
Gerard M. Hubert (MA)
Gregory L. Humphrey (IL)
Parkinson B. James (NY)
John M. Jessup (MI)
Kevin A. Kirker (WI)
Ryan A. Knutson (SD)
Benjamin T. Lamoreaux (FL)
Joseph W. Latawiec (MN)
Tommy Leyva (CA)
Melvin Lumpkins, III (LA)
Craig E. Lynn (GA)
Charles E. Madenford, III (PA)
David R. Meddows (IL)
Kevin L. Miller (PA)
Charles A. Moerer (IN)
Cirilo M. Nunez (NJ)
LaVonda B. Pearson (NC)
Andrea N. Pressley (NJ)
Darby J. Russo (LA)
Gary S. Schreiner (FL)
Nicholas A. Scialanca (PA)
Robert C. Scott (WI)
Thermond D. Smith (IL)
Edward D. Smith (NE)
Jeffrey W. Stamper (MO)
Wayne R. Steffler (NY)
Thomas J. Stylc (PA)
Todd A. Vanwinkle (NE)
Jacob W. Williams (PA)
Kevin A. Wiswell (ME)

    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. 2018-07206 Filed 4-6-18; 8:45 am]
 BILLING CODE 4910-EX-P

15220 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices

provides, to http://www.regulations.gov, hypoglycemic episodes in the past five Kenneth D. Chitwood (PA)
as described in the system of records years. In each case, an endocrinologist Tony M. Damesworth (TN)
notice (DOT/ALL–14 FDMS), which can verified that the driver has
demonstrated a willingness to properly Walter Dudiak (PA)
be reviewed at http://www.dot.gov/
privacy. monitor and manage his/her diabetes Mark T. Feldmann (KY)
mellitus, received education related to John H. Fritz (IN)
II. Background diabetes management, and is on a stable
On January 16, 2018, FMCSA Scott T. Fry (CO)
insulin regimen. These drivers report no
published a notice announcing receipt other disqualifying conditions, Richard E. Henderson (AZ)
of applications from 40 individuals including diabetes related Leah M. Hennes (MN)
requesting an exemption from diabetes complications. Each meets the vision Gerard M. Hubert (MA)
requirement in 49 CFR 391.41(b)(3) and requirement at 49 CFR 391.41(b)(10).
requested comments from the public (83 Consequently, FMCSA finds that in Gregory L. Humphrey (IL)
FR 2283). The public comment period each case exempting these applicants Parkinson B. James (NY)
ended on February 15, 2018, and no from the diabetes requirement in 49 CFR John M. Jessup (MI)
comments were received. 391.41(b)(3) is likely to achieve a level
Kevin A. Kirker (WI)
FMCSA has evaluated the eligibility of safety equal to that existing without
of these applicants and determined that the exemption. Ryan A. Knutson (SD)
granting the exemptions to these Benjamin T. Lamoreaux (FL)
V. Conditions and Requirements
individuals would achieve a level of Joseph W. Latawiec (MN)
safety equivalent to or greater than the The terms and conditions of the
level that would be achieved by exemption are provided to the Tommy Leyva (CA)
complying with the current regulation applicants in the exemption document Melvin Lumpkins, III (LA)
49 CFR 391.41(b)(3). and includes the following: (1) Each Craig E. Lynn (GA)
The physical qualification standard driver must submit a quarterly
monitoring checklist completed by the Charles E. Madenford, III (PA)
for drivers regarding diabetes found in
49 CFR 391.41(b)(3) states that a person treating endocrinologist as well as an David R. Meddows (IL)
is physically qualified to drive a CMV annual checklist with a comprehensive Kevin L. Miller (PA)
if that person has no established medical evaluation; (2) each driver must Charles A. Moerer (IN)
medical history or clinical diagnosis of report within two business days of
diabetes mellitus currently requiring occurrence, all episodes of severe Cirilo M. Nunez (NJ)
insulin for control. hypoglycemia, significant LaVonda B. Pearson (NC)
complications, or inability to manage Andrea N. Pressley (NJ)
III. Discussion of Comments diabetes; also, any involvement in an
Darby J. Russo (LA)
FMCSA received no comments in this accident or any other adverse event in
proceeding. a CMV or personal vehicle, whether or Gary S. Schreiner (FL)
not it is related to an episode of Nicholas A. Scialanca (PA)
IV. Basis for Exemption Determination
hypoglycemia; (3) each driver must Robert C. Scott (WI)
Under 49 U.S.C. 31136(e) and 31315, provide a copy of the ophthalmologist’s
FMCSA may grant an exemption from or optometrist’s report to the Medical Thermond D. Smith (IL)
the diabetes standard in 49 CFR Examiner at the time of the annual Edward D. Smith (NE)
391.41(b)(3) if the exemption is likely to medical examination; and (4) each Jeffrey W. Stamper (MO)
achieve an equivalent or greater level of driver must provide a copy of the
safety than would be achieved without Wayne R. Steffler (NY)
annual medical certification to the
the exemption. The exemption allows employer for retention in the driver’s Thomas J. Stylc (PA)
the applicants to operate CMVs in qualification file, or keeping a copy in Todd A. Vanwinkle (NE)
interstate commerce. his/her driver’s qualification file if he/ Jacob W. Williams (PA)
The Agency’s decision regarding these she is self-employed. The driver must
exemption applications is based on the Kevin A. Wiswell (ME)
also have a copy of the exemption when
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 January 16, effect, no State shall enforce any law or comply with the terms and conditions
2018, Federal Register notice (83 FR regulation that conflicts with this of the exemption; (2) the exemption has
2283) 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 40 applicants have had ITDM or (3) continuation of the exemption
over a range of one to 24 years. These VII. Conclusion
would not be consistent with the goals
applicants report no severe Based upon its evaluation of the 40
sradovich on DSK3GMQ082PROD with NOTICES

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 diabetes requirement in 49 CFR Issued on: April 2, 2018.
resulting in impaired cognitive function 391.41(b)(10), subject to the Larry W. Minor,
that occurred without warning requirements cited above: Associate Administrator for Policy.
symptoms, in the past 12 months and no Kyle A. Bernard (PA) [FR Doc. 2018–07206 Filed 4–6–18; 8:45 am]
recurrent (two or more) severe Zachary R. Brigham (SC) BILLING CODE 4910–EX–P

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00096 Fmt 4703 Sfmt 9990 E:\FR\FM\09APN1.SGM 09APN1

Document Created: 2018-04-07 02:39:19
Document Modified: 2018-04-07 02:39:19

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 15219

83 FR 15219 - 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