83 FR 18626 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 82 (April 27, 2018)

Page Range		18626-18627
FR Document		2018-08923

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.

Federal Register, Volume 83 Issue 82 (Friday, April 27, 2018)

[Federal Register Volume 83, Number 82 (Friday, April 27, 2018)]
[Notices]
[Pages 18626-18627]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08923]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2017-0290]


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 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 51 individuals requesting an exemption from 
diabetes requirement in 49 CFR 391.41(b)(3) and requested comments from 
the public (83 FR 6704). The public comment period ended on March 16, 
2017, and one comment was 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 one comment in this proceeding. Vicky Johnson stated 
that the Minnesota Driver and Vehicle Services (DVS) has no objections 
in granting exemptions to the following Minnesota drivers: Deavan T. 
Jones, Sandra K. Kostka, and Todd D. Rue.

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 6704) and will not be repeated in this notice.
    These 51 applicants have had ITDM over a range of 1 to 41 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

[[Page 18627]]

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:

Carl W. Anderson (PA)
Thomas J. Anderson (CA)
Jorge A. Barra-Del Valle (UT)
Jeffery L. Bennett (IL)
William T. Bookamer, Jr. (TN)
Ronnie J. Boyd (TN)
Travis R. Breakiron (PA)
Corey D. Calvert (WI)
Jon Conley (OH)
Kiva J. Coppage (MO)
Peter F. Cox (MA)
Kerry P. Daniels (WA)
Joshua M. Dekker (MI)
Miguel A. Disla (VA)
Jon R. Easterla (IL)
Andrew W. Erickson (WY)
Martie L. Eubanks (MO)
Dwight G. Farnworth (ID)
John A. Gott (MD)
Ian C. Hall (MI)
Carl L. Harville, Jr. (VA)
Terry L. Helderman (IL)
James M. Hershey (WA)
Glee D. Jacobs (KS)
Thomas V. Johnson (IN)
Deavan T. Jones (MN)
Bryant C. Kongsted (MD)
Sandra K. Kostka (MN)
Geoffrey A. Kusman (IL)
Chadwick L. Lekwa (IA)
Craig W. Lockwood (WI)
Joseph A. Malone (CA)
Chance P. Masterson (OR)
Harold W. Meade (VA)
Korey E. Molina (VA)
Steven G. Ojala (WA)
Kathy L. Pospichal (WI)
Robert S. Reyes (CA)
Robert D. Risk (IN)
David L. Robson (IA)
Todd D. Rue (MN)
Luis A. Saavedra (TX)
Timothy S. Smith (NC)
Michael E. Smyth (ID)
Dennis N. Spake (VA)
Vincent F. Strafford (NC)
Frederick W. Stevens (OH)
Jason E. Stocker (VT)
Thomas L. Tallon (WA)
Michael L. Vanalstine (OH)
Ralph O. Weathers (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 18, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-08923 Filed 4-26-18; 8:45 am]
BILLING CODE 4910-EX-P

18626 Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Notices

driver must undergo an annual medical enable these individuals with ITDM to if that person has no established
examination by a certified Medical operate CMVs in interstate commerce. medical history or clinical diagnosis of
Examiner, as defined by 49 CFR 390.5; DATES: The exemptions were applicable diabetes mellitus currently requiring
and (4) each driver must provide a copy on March 17, 2018. The exemptions insulin for control.
of the annual medical certification to expire on March 17, 2020. III. Discussion of Comments
the employer for retention in the FOR FURTHER INFORMATION CONTACT: Ms.
driver’s qualification file, or keep a copy FMCSA received one comment in this
Christine A. Hydock, Chief, Medical
of his/her driver’s qualification file if proceeding. Vicky Johnson stated that
Programs Division, (202) 366–4001,
he/she is self-employed. The driver the Minnesota Driver and Vehicle
fmcsamedical@dot.gov, FMCSA,
must also have a copy of the exemption Services (DVS) has no objections in
Department of Transportation, 1200
when driving, for presentation to a duly granting exemptions to the following
New Jersey Avenue SE, Room W64–224,
authorized Federal, State, or local Minnesota drivers: Deavan T. Jones,
Washington, DC 20590–0001. Office
enforcement official. The exemption Sandra K. Kostka, and Todd D. Rue.
hours are from 8:30 a.m. to 5 p.m., e.t.,
will be rescinded if: (1) The person fails Monday through Friday, except Federal IV. Basis for Exemption Determination
to comply with the terms and holidays. If you have questions
conditions of the exemption; (2) the Under 49 U.S.C. 31136(e) and 31315,
regarding viewing or submitting FMCSA may grant an exemption from
exemption has resulted in a lower level material to the docket, contact Docket
of safety than was maintained before it the diabetes standard in 49 CFR
Services, telephone (202) 366–9826. 391.41(b)(3) if the exemption is likely to
was granted; or (3) continuation of the
SUPPLEMENTARY INFORMATION: achieve an equivalent or greater level of
exemption would not be consistent with
the goals and objectives of 49 U.S.C. I. Electronic Access safety than would be achieved without
31136(e) and 31315. the exemption. The exemption allows
You may see all the comments online the applicants to operate CMVs in
V. Preemption through the Federal Document interstate commerce.
Management System (FDMS) at: http:// The Agency’s decision regarding these
During the period the exemption is in
www.regulations.gov. exemption applications is based on the
effect, no State shall enforce any law or
Docket: For access to the docket to program eligibility criteria and an
regulation that conflicts with this
read background documents or individualized assessment of
exemption with respect to a person
comments, go to http:// information submitted by each
operating under the exemption.
www.regulations.gov and/or Room applicant. The qualifications,
VI. Conclusion W12–140 on the ground level of the experience, and medical condition of
Based upon its evaluation of the three West Building, 1200 New Jersey Avenue each applicant were stated and
exemption applications, FMCSA renews SE, Washington, DC, between 9 a.m. and discussed in detail in the February 14,
the exemptions of the aforementioned 5 p.m., e.t., Monday through Friday, 2018, Federal Register notice (83 FR
drivers from the epilepsy and seizure except Federal holidays. 6704) and will not be repeated in this
disorders prohibition in 49 CFR 391.41 Privacy Act: In accordance with 5 notice.
(b)(8). In accordance with 49 U.S.C. U.S.C. 553(c), DOT solicits comments These 51 applicants have had ITDM
31136(e) and 31315, each exemption from the public to better inform its over a range of 1 to 41 years. These
will be valid for two years unless rulemaking process. DOT posts these applicants report no severe
revoked earlier by FMCSA. comments, without edit, including any hypoglycemic reactions resulting in loss
personal information the commenter of consciousness or seizure, requiring
Issued on: April 23, 2018. provides, to http://www.regulations.gov, the assistance of another person, or
Larry W. Minor, as described in the system of records resulting in impaired cognitive function
Associate Administrator for Policy. notice (DOT/ALL–14 FDMS), which can that occurred without warning
[FR Doc. 2018–08917 Filed 4–26–18; 8:45 am] be reviewed at http://www.dot.gov/ symptoms, in the past 12 months and no
BILLING CODE 4910–EX–P privacy. recurrent (two or more) severe
II. Background hypoglycemic episodes in the past five
years. In each case, an endocrinologist
DEPARTMENT OF TRANSPORTATION On February 14, 2018, FMCSA verified that the driver has
published a notice announcing receipt demonstrated a willingness to properly
Federal Motor Carrier Safety of applications from 51 individuals monitor and manage his/her diabetes
Administration requesting an exemption from diabetes mellitus, received education related to
requirement in 49 CFR 391.41(b)(3) and diabetes management, and is on a stable
[FMCSA Docket No. FMCSA–2017–0290] requested comments from the public (83 insulin regimen. These drivers report no
Qualification of Drivers; Exemption FR 6704). The public comment period other disqualifying conditions,
Applications; Diabetes Mellitus ended on March 16, 2017, and one including diabetes related
comment was received. complications. Each meets the vision
AGENCY: Federal Motor Carrier Safety FMCSA has evaluated the eligibility requirement at 49 CFR 391.41(b)(10).
Administration (FMCSA), DOT. of these applicants and determined that Consequently, FMCSA finds that in
ACTION: Notice of final disposition. granting the exemptions to these each case exempting these applicants
individuals would achieve a level of from the diabetes requirement in 49 CFR
SUMMARY: FMCSA announces its safety equivalent to or greater than the 391.41(b)(3) is likely to achieve a level
daltland on DSKBBV9HB2PROD with NOTICES

decision to exempt 51 individuals from level that would be achieved by of safety equal to that existing without
the prohibition in the Federal Motor complying with the current regulation the exemption.
Carrier Safety Regulations (FMCSRs) 49 CFR 391.41(b)(3).
against persons with insulin-treated The physical qualification standard V. Conditions and Requirements
diabetes mellitus (ITDM) from operating for drivers regarding diabetes found in The terms and conditions of the
a commercial motor vehicle (CMV) in 49 CFR 391.41(b)(3) states that a person exemption are provided to the
interstate commerce. The exemptions is physically qualified to drive a CMV applicants in the exemption document

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Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Notices 18627

and includes the following: (1) Each Deavan T. Jones (MN) vehicle (CMV) in interstate commerce. If
driver must submit a quarterly Bryant C. Kongsted (MD) granted, the exemptions would enable
monitoring checklist completed by the Sandra K. Kostka (MN) these individuals with ITDM to operate
treating endocrinologist as well as an Geoffrey A. Kusman (IL) CMVs in interstate commerce.
annual checklist with a comprehensive Chadwick L. Lekwa (IA) DATES: Comments must be received on
medical evaluation; (2) each driver must Craig W. Lockwood (WI) or before May 29, 2018.
report within two business days of Joseph A. Malone (CA) ADDRESSES: You may submit comments
occurrence, all episodes of severe Chance P. Masterson (OR) bearing the Federal Docket Management
hypoglycemia, significant Harold W. Meade (VA) System (FDMS) Docket No. FMCSA–
complications, or inability to manage Korey E. Molina (VA) 2018–0025 using any of the following
diabetes; also, any involvement in an Steven G. Ojala (WA) methods:
accident or any other adverse event in Kathy L. Pospichal (WI) • Federal eRulemaking Portal: Go to
a CMV or personal vehicle, whether or Robert S. Reyes (CA) http://www.regulations.gov. Follow the
not it is related to an episode of Robert D. Risk (IN) online instructions for submitting
hypoglycemia; (3) each driver must David L. Robson (IA) comments.
provide a copy of the ophthalmologist’s Todd D. Rue (MN) • Mail: Docket Management Facility;
or optometrist’s report to the Medical Luis A. Saavedra (TX) U.S. Department of Transportation, 1200
Examiner at the time of the annual Timothy S. Smith (NC) New Jersey Avenue SE, West Building
medical examination; and (4) each Michael E. Smyth (ID) Ground Floor, Room W12–140,
driver must provide a copy of the Dennis N. Spake (VA) Washington, DC 20590–0001.
annual medical certification to the Vincent F. Strafford (NC) • Hand Delivery: West Building
employer for retention in the driver’s Frederick W. Stevens (OH) Ground Floor, Room W12–140, 1200
qualification file, or keeping a copy in Jason E. Stocker (VT) New Jersey Avenue SE, Washington,
his/her driver’s qualification file if he/ Thomas L. Tallon (WA) DC, between 9 a.m. and 5 p.m., e.t.,
she is self-employed. The driver must Michael L. Vanalstine (OH) Monday through Friday, except Federal
also have a copy of the exemption when Ralph O. Weathers (IN) Holidays.
driving, for presentation to a duly In accordance with 49 U.S.C. 31136(e) • Fax: 1–202–493–2251.
authorized Federal, State, or local and 31315, each exemption will be valid Instructions: Each submission must
enforcement official. for two years from the effective date include the Agency name and the
unless revoked earlier by FMCSA. The docket number(s) for this notice. Note
VI. Preemption
exemption will be revoked if the that all comments received will be
During the period the exemption is in following occurs: (1) The person fails to posted without change to http://
effect, no State shall enforce any law or comply with the terms and conditions www.regulations.gov, including any
regulation that conflicts with this of the exemption; (2) the exemption has personal information provided. Please
exemption with respect to a person resulted in a lower level of safety than see the Privacy Act heading below for
operating under the exemption. was maintained prior to being granted; further information.
or (3) continuation of the exemption Docket: For access to the docket to
VII. Conclusion
would not be consistent with the goals read background documents or
Based upon its evaluation of the 51 and objectives of 49 U.S.C. 31136(e) and comments, go to http://
exemption applications, FMCSA 31315. www.regulations.gov at any time or
exempts the following drivers from the Room W12–140 on the ground level of
diabetes requirement in 49 CFR Issued on: April 18, 2018.
the West Building, 1200 New Jersey
391.41(b)(10), subject to the Larry W. Minor,
Avenue SE, Washington, DC, between 9
requirements cited above: Associate Administrator for Policy. a.m. and 5 p.m., e.t., Monday through
Carl W. Anderson (PA) [FR Doc. 2018–08923 Filed 4–26–18; 8:45 am] Friday, except Federal holidays. The
Thomas J. Anderson (CA) BILLING CODE 4910–EX–P FDMS is available 24 hours each day
Jorge A. Barra-Del Valle (UT) e.t., 365 days each year. If you want
Jeffery L. Bennett (IL) acknowledgment that we received your
William T. Bookamer, Jr. (TN) DEPARTMENT OF TRANSPORTATION comments, please include a self-
Ronnie J. Boyd (TN) addressed, stamped envelope or
Travis R. Breakiron (PA) Federal Motor Carrier Safety
postcard or print the acknowledgement
Corey D. Calvert (WI) Administration
page that appears after submitting
Jon Conley (OH) [Docket No. FMCSA–2018–0025] comments online.
Kiva J. Coppage (MO) Privacy Act: In accordance with 5
Peter F. Cox (MA) Qualification of Drivers; Exemption U.S.C. 553(c), DOT solicits comments
Kerry P. Daniels (WA) Applications; Diabetes Mellitus from the public to better inform its
Joshua M. Dekker (MI) rulemaking process. DOT posts these
Miguel A. Disla (VA) AGENCY: Federal Motor Carrier Safety
Administration (FMCSA), DOT. comments, without edit, including any
Jon R. Easterla (IL) personal information the commenter
Andrew W. Erickson (WY) ACTION: Notice of applications for
provides, to http://www.regulations.gov,
Martie L. Eubanks (MO) exemption; request for comments. as described in the system of records
Dwight G. Farnworth (ID)
daltland on DSKBBV9HB2PROD with NOTICES

SUMMARY: FMCSA announces receipt of notice (DOT/ALL–14 FDMS), which can
John A. Gott (MD)
applications from 40 individuals for an be reviewed at http://www.dot.gov/
Ian C. Hall (MI)
exemption from the prohibition in the privacy.
Carl L. Harville, Jr. (VA)
Terry L. Helderman (IL) Federal Motor Carrier Safety FOR FURTHER INFORMATION CONTACT: Ms.
James M. Hershey (WA) Regulations (FMCSRs) against persons Christine A. Hydock, Chief, Medical
Glee D. Jacobs (KS) with insulin-treated diabetes mellitus Programs Division, (202) 366–4001,
Thomas V. Johnson (IN) (ITDM) operating a commercial motor fmcsamedical@dot.gov, FMCSA,

VerDate Sep<11>2014 18:18 Apr 26, 2018 Jkt 244001 PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 E:\FR\FM\27APN1.SGM 27APN1

Document Created: 2018-04-27 01:45:16
Document Modified: 2018-04-27 01:45:16

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 18626

83 FR 18626 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 82 (April 27, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration