83 FR 17888 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 79 (April 24, 2018)

Page Range		17888-17889
FR Document		2018-08516

FMCSA announces its decision to exempt 43 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 79 (Tuesday, April 24, 2018)

[Federal Register Volume 83, Number 79 (Tuesday, April 24, 2018)]
[Notices]
[Pages 17888-17889]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08516]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2018-0022]


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 43 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 March 17, 2018. The exemptions 
expire on March 17, 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 February 14, 2018, FMCSA published a notice announcing receipt 
of applications from 43 individuals requesting an exemption from 
diabetes requirement in 49 CFR 391.41(b)(3) and requested comments from 
the public (83 FR 6674). The public comment period ended on March 16, 
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 February 14, 2018, Federal 
Register notice (83 FR 6674) and will not be repeated in this notice.
    These 43 applicants have had ITDM over a range of 1 to 43 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

[[Page 17889]]

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 43 exemption applications, FMCSA 
exempts the following drivers from the diabetes requirement in 49 CFR 
391.41(b)(10), subject to the requirements cited above:

John H. Armstead (MT)
Christopher M. Barton (NH)
Gary E. Bennett (NC)
Teresa M. Billig (PA)
Deanne M. Burris (CT)
Clarence L. Canty, Jr. (NJ)
Sergio Carrasco (TX)
Phillip B. Claro (IL)
William D. Cucinello (AK)
Brian L. Culver (IA)
Richard L. Dalrymple (WI)
Delmar W. Daoust, Jr. (FL)
Shanay M. Davis (NJ)
Daniel Drozdowski (PA)
Christopher R. Everitt (OH)
Quitman Gardner, Jr. (MS)
Charles E. Goldbolt (LA)
William A. Gordon (VA)
John T. Green, Jr. (FL)
Rick E. Hammond (MO)
Robert W. Harkins (PA)
Leonard C. Harris (NE)
Byron K. Hicks (VA)
Howard L. Hill (TX)
Marcus E. Hughes (NM)
Ernest T. Johnson (IL)
Kevin J. Lotz (IL)
Mitchell R. McCormick (CA)
Marsdon J. Mercury (NY)
Jeffrey J. Mezzacappa (NJ)
Anthony A. Opipare (PA)
Mark C. Payne (IN)
Robert L. Pieri (PA)
Rick J. Poillucci (IL)
Rafael Santiago (FL)
Nathan M. Schaffer (MO)
Timothy J. Somers (WA)
Wade L. Swenson (TX)
Patrick A. Turner (GA)
Andrew A. Utley (IA)
Daniel J. Ward (IN)
David G. White (AL)
Rocky L. Wood (AR)
    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 18, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-08516 Filed 4-23-18; 8:45 am]
 BILLING CODE 4910-EX-P

17888 Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Notices

requests that the exemption cover the I. Electronic Access program eligibility criteria and an
maximum allowable duration of 5 years. You may see all the comments online individualized assessment of
through the Federal Document information submitted by each
IV. Method To Ensure an Equivalent or
Management System (FDMS) at: http:// applicant. The qualifications,
Greater Level of Safety
www.regulations.gov. experience, and medical condition of
FMCSA has previously determined Docket: For access to the docket to each applicant were stated and
that the process for obtaining a German read background documents or discussed in detail in the February 14,
commercial license is comparable to, or comments, go to http:// 2018, Federal Register notice (83 FR
as effective as, the requirements of part www.regulations.gov and/or Room 6674) and will not be repeated in this
383, and adequately assesses the W12–140 on the ground level of the notice.
driver’s ability to operate CMVs in the West Building, 1200 New Jersey Avenue These 43 applicants have had ITDM
U.S. Since 2012, FMCSA has granted SE, Washington, DC, between 9 a.m. and over a range of 1 to 43 years. These
Daimler drivers similar exemptions 5 p.m., e.t., Monday through Friday, applicants report no severe
[May 25, 2012 (77 FR 31422); July 22, except Federal holidays. hypoglycemic reactions resulting in loss
2014 (79 FR 42626); March 27, 2015 (80 Privacy Act: In accordance with 5 of consciousness or seizure, requiring
FR 16511); October 5, 2015 (80 FR U.S.C. 553(c), DOT solicits comments the assistance of another person, or
60220); July 12, 2016 (81 FR 45217); from the public to better inform its resulting in impaired cognitive function
July 25, 2016 (81 FR 48496); August 17, rulemaking process. DOT posts these that occurred without warning
2017 (82 FR 39151)]. comments, without edit, including any symptoms, in the past 12 months and no
personal information the commenter recurrent (two or more) severe
Issued on: April 17, 2018.
provides, to http://www.regulations.gov, hypoglycemic episodes in the past five
Larry W. Minor, years. In each case, an endocrinologist
as described in the system of records
Associate Administrator for Policy. verified that the driver has
notice (DOT/ALL–14 FDMS), which can
[FR Doc. 2018–08505 Filed 4–23–18; 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 February 14, 2018, FMCSA insulin regimen. These drivers report no
published a notice announcing receipt other disqualifying conditions,
Federal Motor Carrier Safety including diabetes related
of applications from 43 individuals
Administration complications. Each meets the vision
requesting an exemption from diabetes
requirement in 49 CFR 391.41(b)(3) and requirement at 49 CFR 391.41(b)(10).
[FMCSA Docket No. FMCSA–2018–0022] requested comments from the public (83 Consequently, FMCSA finds that in
FR 6674). The public comment period each case exempting these applicants
Qualification of Drivers; Exemption ended on March 16, 2017, and no from the diabetes requirement in 49 CFR
Applications; Diabetes Mellitus comments were received. 391.41(b)(3) is likely to achieve a level
FMCSA has evaluated the eligibility of safety equal to that existing without
AGENCY: Federal Motor Carrier Safety the exemption.
Administration (FMCSA), DOT. of these applicants and determined that
granting the exemptions to these V. Conditions and Requirements
ACTION: Notice of final disposition. individuals would achieve a level of
The terms and conditions of the
safety equivalent to or greater than the
SUMMARY: FMCSA announces its exemption are provided to the
level that would be achieved by
decision to exempt 43 individuals from applicants in the exemption document
complying with the current regulation
the prohibition in the Federal Motor and includes the following: (1) Each
49 CFR 391.41(b)(3).
Carrier Safety Regulations (FMCSRs) The physical qualification standard driver must submit a quarterly
against persons with insulin-treated for drivers regarding diabetes found in monitoring checklist completed by the
diabetes mellitus (ITDM) from operating treating endocrinologist as well as an
49 CFR 391.41(b)(3) states that a person
a commercial motor vehicle (CMV) in annual checklist with a comprehensive
is physically qualified to drive a CMV
interstate commerce. The exemptions medical evaluation; (2) each driver must
if that person has no established
enable these individuals with ITDM to report within two business days of
medical history or clinical diagnosis of
operate CMVs in interstate commerce. occurrence, all episodes of severe
diabetes mellitus currently requiring
DATES: The exemptions were applicable
hypoglycemia, significant
insulin for control.
on March 17, 2018. The exemptions complications, or inability to manage
expire on March 17, 2020. III. Discussion of Comments diabetes; also, any involvement in an
FMCSA received no comments in this accident or any other adverse event in
FOR FURTHER INFORMATION CONTACT: Ms. a CMV or personal vehicle, whether or
Christine A. Hydock, Chief, Medical proceeding.
not it is related to an episode of
Programs Division, (202) 366–4001, IV. Basis for Exemption Determination hypoglycemia; (3) each driver must
fmcsamedical@dot.gov, FMCSA, Under 49 U.S.C. 31136(e) and 31315, provide a copy of the ophthalmologist’s
Department of Transportation, 1200 FMCSA may grant an exemption from or optometrist’s report to the Medical
New Jersey Avenue SE, Room W64–224, the diabetes standard in 49 CFR Examiner at the time of the annual
Washington, DC 20590–0001. Office 391.41(b)(3) if the exemption is likely to medical examination; and (4) each
daltland on DSKBBV9HB2PROD with NOTICES

hours are from 8:30 a.m. to 5 p.m., e.t., achieve an equivalent or greater level of driver must provide a copy of the
Monday through Friday, except Federal safety than would be achieved without annual medical certification to the
holidays. If you have questions the exemption. The exemption allows employer for retention in the driver’s
regarding viewing or submitting the applicants to operate CMVs in qualification file, or keeping a copy in
material to the docket, contact Docket interstate commerce. his/her driver’s qualification file if he/
Services, telephone (202) 366–9826. The Agency’s decision regarding these she is self-employed. The driver must
SUPPLEMENTARY INFORMATION: exemption applications is based on the also have a copy of the exemption when

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Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Notices 17889

driving, for presentation to a duly resulted in a lower level of safety than • Hand Delivery: West Building
authorized Federal, State, or local was maintained prior to being granted; Ground Floor, Room W12–140, 1200
enforcement official. or (3) continuation of the exemption New Jersey Avenue SE, Washington,
would not be consistent with the goals DC, between 9 a.m. and 5 p.m., e.t.,
VI. Preemption
and objectives of 49 U.S.C. 31136(e) and Monday through Friday, except Federal
During the period the exemption is in 31315. Holidays.
effect, no State shall enforce any law or Issued on: April 18, 2018. • Fax: 1–202–493–2251.
regulation that conflicts with this Instructions: Each submission must
Larry W. Minor,
exemption with respect to a person include the Agency name and the
operating under the exemption. Associate Administrator for Policy. docket number(s) for this notice. Note
[FR Doc. 2018–08516 Filed 4–23–18; 8:45 am] that all comments received will be
VII. Conclusion BILLING CODE 4910–EX–P posted without change to http://
Based upon its evaluation of the 43 www.regulations.gov, including any
exemption applications, FMCSA personal information provided. Please
exempts the following drivers from the DEPARTMENT OF TRANSPORTATION see the Privacy Act heading below for
diabetes requirement in 49 CFR further information.
391.41(b)(10), subject to the Federal Motor Carrier Safety
Docket: For access to the docket to
requirements cited above: Administration
read background documents or
John H. Armstead (MT) [Docket No. FMCSA–2009–0322; FMCSA– comments, go to http://
Christopher M. Barton (NH) 2010–0051; FMCSA–2012–0042; FMCSA– www.regulations.gov at any time or
Gary E. Bennett (NC) 2012–0043; FMCSA–2014–0012; FMCSA– Room W12–140 on the ground level of
Teresa M. Billig (PA) 2014–0013; FMCSA–2014–0014; FMCSA– the West Building, 1200 New Jersey
Deanne M. Burris (CT) 2014–0015; FMCSA–2016–0035; FMCSA– Avenue SE, Washington, DC, between 9
Clarence L. Canty, Jr. (NJ) 2016–0036] a.m. and 5 p.m., e.t., Monday through
Sergio Carrasco (TX) Friday, except Federal holidays. The
Qualification of Drivers; Exemption
Phillip B. Claro (IL) FDMS is available 24 hours each day
Applications; Diabetes
William D. Cucinello (AK) e.t., 365 days each year. If you want
Brian L. Culver (IA) AGENCY: Federal Motor Carrier Safety acknowledgment that we received your
Richard L. Dalrymple (WI) Administration (FMCSA), DOT. comments, please include a self-
Delmar W. Daoust, Jr. (FL) ACTION: Notice of renewal of addressed, stamped envelope or
Shanay M. Davis (NJ) exemptions; request for comments. postcard or print the acknowledgement
Daniel Drozdowski (PA) page that appears after submitting
Christopher R. Everitt (OH) SUMMARY: FMCSA announces its comments online.
Quitman Gardner, Jr. (MS) decision to renew exemptions for 197 Privacy Act: In accordance with 5
Charles E. Goldbolt (LA) individuals from its prohibition in the U.S.C. 553(c), DOT solicits comments
William A. Gordon (VA) Federal Motor Carrier Safety from the public to better inform its
John T. Green, Jr. (FL) Regulations (FMCSRs) against persons rulemaking process. DOT posts these
Rick E. Hammond (MO) with insulin-treated diabetes mellitus comments, without edit, including any
Robert W. Harkins (PA) (ITDM) from operating commercial personal information the commenter
Leonard C. Harris (NE) motor vehicles (CMVs) in interstate provides, to http://www.regulations.gov,
Byron K. Hicks (VA) commerce. The exemptions enable these as described in the system of records
Howard L. Hill (TX) individuals with ITDM to continue to notice (DOT/ALL–14 FDMS), which can
Marcus E. Hughes (NM) operate CMVs in interstate commerce. be reviewed at http://www.dot.gov/
Ernest T. Johnson (IL) privacy.
DATES: Each group of renewed
Kevin J. Lotz (IL)
Mitchell R. McCormick (CA) exemptions were applicable on the FOR FURTHER INFORMATION CONTACT: Ms.
Marsdon J. Mercury (NY) dates stated in the discussions below Christine A. Hydock, Chief, Medical
Jeffrey J. Mezzacappa (NJ) and will expire on the dates stated in Programs Division, 202–366–4001,
Anthony A. Opipare (PA) the discussions below. Comments must fmcsamedical@dot.gov, FMCSA,
Mark C. Payne (IN) be received on or before May 24, 2018. Department of Transportation, 1200
Robert L. Pieri (PA) ADDRESSES: You may submit comments New Jersey Avenue SE, Room W64–224,
Rick J. Poillucci (IL) bearing the Federal Docket Management Washington, DC 20590–0001. Office
Rafael Santiago (FL) System (FDMS) Docket No. FMCSA– hours are from 8:30 a.m. to 5:30 p.m.,
Nathan M. Schaffer (MO) 2009–0322; FMCSA–2010–0051; e.t., Monday through Friday, except
Timothy J. Somers (WA) FMCSA–2012–0042; FMCSA–2012– Federal holidays. If you have questions
Wade L. Swenson (TX) 0043; FMCSA–2014–0012; FMCSA– regarding viewing or submitting
Patrick A. Turner (GA) 2014–0013; FMCSA–2014–0014; material to the docket, contact Docket
Andrew A. Utley (IA) FMCSA–2014–0015; FMCSA–2016– Services, telephone (202) 366–9826.
Daniel J. Ward (IN) 0035; FMCSA–2016–0036 using any of SUPPLEMENTARY INFORMATION:
David G. White (AL) the following methods:
Rocky L. Wood (AR) • Federal eRulemaking Portal: Go to I. Background
In accordance with 49 U.S.C. 31136(e) http://www.regulations.gov. Follow the Under 49 U.S.C. 31136(e) and 31315,
daltland on DSKBBV9HB2PROD with NOTICES

and 31315, each exemption will be valid online instructions for submitting FMCSA may grant an exemption for five
for two years from the effective date comments. years if it finds ‘‘such exemption would
unless revoked earlier by FMCSA. The • Mail: Docket Management Facility; likely achieve a level of safety that is
exemption will be revoked if the U.S. Department of Transportation, 1200 equivalent to or greater than the level
following occurs: (1) The person fails to New Jersey Avenue SE, West Building that would be achieved absent such
comply with the terms and conditions Ground Floor, Room W12–140, exemption.’’ The statute also allows the
of the exemption; (2) the exemption has Washington, DC 20590–0001. Agency to renew exemptions at the end

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Document Created: 2018-04-24 00:39:25
Document Modified: 2018-04-24 00:39:25

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 March 17, 2018. The exemptions expire on March 17, 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 17888

83 FR 17888 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 79 (April 24, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration