83_FR_18715 83 FR 18633 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

83 FR 18633 - 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 Range18633-18634
FR Document2018-08922

FMCSA announces its decision to exempt 26 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 18633-18634]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08922]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2017-0289]


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 26 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, fmcsamedical@dot.gov, 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 26 individuals requesting an exemption from 
diabetes requirement in 49 CFR 391.41(b)(3) and requested comments from 
the public (83 FR 6725). 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 Minnesota Driver and Vehicle Services (DVS) has no objections in 
granting exemptions to the following Minnesota drivers: Wade A. 
Demarais and David V. Bartel.

[[Page 18634]]

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 6725) and will not be repeated in this notice.
    These 26 applicants have had ITDM over a range of 1 to 17 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 26 exemption applications, FMCSA 
exempts the following drivers from the diabetes requirement in 49 CFR 
391.41(b)(10), subject to the requirements cited above:

David V. Bartel (MN)
Michael A. Brady (NH)
Junior K. Brewer (NE)
Marvin D. Buitt (MS)
Larry E. Burchett (FL)
Pasquale Cala (PA)
Byron D. Christian (LA)
Bryon D. Cowell (IA)
Walter B. Cromwell, 3rd (NJ)
Eric C. Delio (IN)
Wade A. Demarais (MN)
Gary D. Detwiler (CA)
Willis L. Drake, Jr. (MD)
Doyle J. Dreisow (WI)
Anthony Episcopo (WI)
Herve H. Estime (GA)
Gregory A. Gruber (KS)
Clifford J. Hughes (NY)
Brian J. Lanzim (NJ)
Michael E. Luttrell (GA)
William R. Mizell (AR)
Frank E. Myers, Jr. (OK)
John W. Olenczak (NJ)
Michael A. Randazzo (PA)
Jonathan M. Trussell (TX)
Raymond L. Underwood, Jr. (CT)

    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. 2018-08922 Filed 4-26-18; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Notices 18633 the last five years. His endocrinologist provide a reason for each suggestion or regarding viewing or submitting certifies that Mr. Vasquez understands recommendation. If you submit your material to the docket, contact Docket diabetes management and monitoring, comments by mail or hand delivery, Services, telephone (202) 366–9826. has stable control of his diabetes using submit them in an unbound format, no SUPPLEMENTARY INFORMATION: insulin, and is able to drive a CMV larger than 81⁄2 by 11 inches, suitable for safely. Mr. Vasquez meets the copying and electronic filing. If you I. Electronic Access requirements of the vision standard at submit comments by mail and would 49 CFR 391.41(b)(10). His optometrist like to know that they reached the You may see all the comments online examined him in 2017 and certified that facility, please enclose a stamped, self- through the Federal Document he does not have diabetic retinopathy. addressed postcard or envelope. Management System (FDMS) at: http:// He holds a Class A CDL from California. We will consider all comments and www.regulations.gov. Travis J. Womack materials received during the comment Docket: For access to the docket to period. FMCSA may issue a final read background documents or Mr. Womack, 33, has had ITDM since determination at any time after the close comments, go to http:// 1993. His endocrinologist examined him of the comment period. www.regulations.gov and/or Room in 2017 and certified that he has had no W12–140 on the ground level of the severe hypoglycemic reactions resulting V. Viewing Comments and Documents West Building, 1200 New Jersey Avenue in loss of consciousness, requiring the To view comments, as well as any SE, Washington, DC, between 9 a.m. and assistance of another person, or documents mentioned in this preamble, 5 p.m., e.t., Monday through Friday, resulting in impaired cognitive function go to http://www.regulations.gov and in except Federal holidays. that occurred without warning in the the search box insert the docket number past 12 months and no recurrent (two or Privacy Act: In accordance with 5 FMCSA–2018–0025 and click ‘‘Search.’’ U.S.C. 553(c), DOT solicits comments more) severe hypoglycemic episodes in Next, click ‘‘Open Docket Folder’’ and the last five years. His endocrinologist from the public to better inform its you will find all documents and rulemaking process. DOT posts these certifies that Mr. Womack understands comments related to this notice. diabetes management and monitoring, comments, without edit, including any Issued on: April 18, 2018. personal information the commenter has stable control of his diabetes using insulin, and is able to drive a CMV Larry W. Minor, provides, to http://www.regulations.gov, safely. Mr. Womack meets the Associate Administrator for Policy. as described in the system of records requirements of the vision standard at [FR Doc. 2018–08909 Filed 4–26–18; 8:45 am] notice (DOT/ALL–14 FDMS), which can 49 CFR 391.41(b)(10). His BILLING CODE 4910–EX–P be reviewed at http://www.dot.gov/ ophthalmologist examined him in 2017 privacy. and certified that he has stable II. Background nonproliferative diabetic retinopathy. DEPARTMENT OF TRANSPORTATION He holds an operator’s license from On February 14, 2018, FMCSA Federal Motor Carrier Safety published a notice announcing receipt North Carolina. Administration of applications from 26 individuals III. Request for Comments requesting an exemption from diabetes [FMCSA Docket No. FMCSA–2017–0289] In accordance with 49 U.S.C. 31136(e) requirement in 49 CFR 391.41(b)(3) and and 31315, FMCSA requests public Qualification of Drivers; Exemption requested comments from the public (83 comment from all interested persons on Applications; Diabetes Mellitus FR 6725). The public comment period the exemption petitions described in ended on March 16, 2017, and one AGENCY: Federal Motor Carrier Safety this notice. We will consider all comment was received. Administration (FMCSA), DOT. comments received before the close of FMCSA has evaluated the eligibility business on the closing date indicated ACTION: Notice of final disposition. of these applicants and determined that in the dates section of the notice. SUMMARY: FMCSA announces its granting the exemptions to these IV. Submitting Comments decision to exempt 26 individuals from individuals would achieve a level of the prohibition in the Federal Motor safety equivalent to or greater than the You may submit your comments and Carrier Safety Regulations (FMCSRs) level that would be achieved by material online or by fax, mail, or hand against persons with insulin-treated complying with the current regulation delivery, but please use only one of diabetes mellitus (ITDM) from operating 49 CFR 391.41(b)(3). these means. FMCSA recommends that you include your name and a mailing a commercial motor vehicle (CMV) in The physical qualification standard address, an email address, or a phone interstate commerce. The exemptions for drivers regarding diabetes found in number in the body of your document enable these individuals with ITDM to 49 CFR 391.41(b)(3) states that a person so that FMCSA can contact you if there operate CMVs in interstate commerce. is physically qualified to drive a CMV are questions regarding your DATES: The exemptions were applicable if that person has no established submission. on March 17, 2018. The exemptions medical history or clinical diagnosis of To submit your comment online, go to expire on March 17, 2020. diabetes mellitus currently requiring http://www.regulations.gov and in the FOR FURTHER INFORMATION CONTACT: Ms. insulin for control. search box insert the docket number Christine A. Hydock, Chief, Medical III. Discussion of Comments FMCSA–2018–0025 and click the search Programs Division, (202) 366–4001, daltland on DSKBBV9HB2PROD with NOTICES button. When the new screen appears, fmcsamedical@dot.gov, FMCSA, FMCSA received one comment in this click on the blue ‘‘Comment Now!’’ Department of Transportation, 1200 proceeding. Vicky Johnson stated that button on the right hand side of the New Jersey Avenue SE, Room W64–224, Minnesota Driver and Vehicle Services page. On the new page, enter Washington, DC 20590–0001. Office (DVS) has no objections in granting information required including the hours are from 8:30 a.m. to 5 p.m., e.t., exemptions to the following Minnesota specific section of this document to Monday through Friday, except Federal drivers: Wade A. Demarais and David V. which each comment applies, and holidays. If you have questions Bartel. VerDate Sep<11>2014 18:18 Apr 26, 2018 Jkt 244001 PO 00000 Frm 00133 Fmt 4703 Sfmt 4703 E:\FR\FM\27APN1.SGM 27APN1

18634 Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Notices IV. Basis for Exemption Determination not it is related to an episode of would not be consistent with the goals Under 49 U.S.C. 31136(e) and 31315, hypoglycemia; (3) each driver must and objectives of 49 U.S.C. 31136(e) and FMCSA may grant an exemption from provide a copy of the ophthalmologist’s 31315. the diabetes standard in 49 CFR or optometrist’s report to the Medical Issued on: April 18, 2018. 391.41(b)(3) if the exemption is likely to Examiner at the time of the annual Larry W. Minor, achieve an equivalent or greater level of medical examination; and (4) each Associate Administrator for Policy. safety than would be achieved without driver must provide a copy of the [FR Doc. 2018–08922 Filed 4–26–18; 8:45 am] the exemption. The exemption allows annual medical certification to the employer for retention in the driver’s BILLING CODE 4910–EX–P the applicants to operate CMVs in interstate commerce. qualification file, or keeping a copy in The Agency’s decision regarding these his/her driver’s qualification file if he/ DEPARTMENT OF TRANSPORTATION exemption applications is based on the she is self-employed. The driver must program eligibility criteria and an also have a copy of the exemption when Federal Motor Carrier Safety individualized assessment of driving, for presentation to a duly Administration information submitted by each authorized Federal, State, or local applicant. The qualifications, enforcement official. [Docket No. FMCSA–2018–0009] experience, and medical condition of VI. Preemption each applicant were stated and Qualification of Drivers; Exemption During the period the exemption is in discussed in detail in the February 14, Applications; Vision effect, no State shall enforce any law or 2018, Federal Register notice (83 FR regulation that conflicts with this AGENCY: Federal Motor Carrier Safety 6725) and will not be repeated in this exemption with respect to a person Administration (FMCSA), DOT. notice. These 26 applicants have had ITDM operating under the exemption. ACTION: Notice of denials. over a range of 1 to 17 years. These VII. Conclusion applicants report no severe SUMMARY: FMCSA announces its Based upon its evaluation of the 26 decision to deny applications from 103 hypoglycemic reactions resulting in loss exemption applications, FMCSA individuals who requested an of consciousness or seizure, requiring exempts the following drivers from the exemption from the vision standard in the assistance of another person, or diabetes requirement in 49 CFR the Federal Motor Carrier Safety resulting in impaired cognitive function 391.41(b)(10), subject to the Regulations (FMCSRs) to operate a CMV that occurred without warning requirements cited above: in interstate commerce. symptoms, in the past 12 months and no recurrent (two or more) severe David V. Bartel (MN) FOR FURTHER INFORMATION CONTACT: Ms. hypoglycemic episodes in the past five Michael A. Brady (NH) Christine A. Hydock, Chief, Medical years. In each case, an endocrinologist Junior K. Brewer (NE) Programs Division, (202) 366–4001, verified that the driver has Marvin D. Buitt (MS) fmcsamedical@dot.gov, FMCSA, demonstrated a willingness to properly Larry E. Burchett (FL) Department of Transportation, 1200 monitor and manage his/her diabetes Pasquale Cala (PA) New Jersey Avenue SE, Room W64–224, mellitus, received education related to Byron D. Christian (LA) Washington, DC 20590–0001. Office diabetes management, and is on a stable Bryon D. Cowell (IA) hours are from 8:30 a.m. to 5 p.m., e.t., insulin regimen. These drivers report no Walter B. Cromwell, 3rd (NJ) Monday through Friday, except Federal other disqualifying conditions, Eric C. Delio (IN) holidays. including diabetes related Wade A. Demarais (MN) SUPPLEMENTARY INFORMATION: complications. Each meets the vision Gary D. Detwiler (CA) Willis L. Drake, Jr. (MD) I. Electronic Access requirement at 49 CFR 391.41(b)(10). Consequently, FMCSA finds that in Doyle J. Dreisow (WI) You may see all the comments online each case exempting these applicants Anthony Episcopo (WI) through the Federal Document from the diabetes requirement in 49 CFR Herve H. Estime (GA) Management System (FDMS) at: http:// 391.41(b)(3) is likely to achieve a level Gregory A. Gruber (KS) www.regulations.gov. of safety equal to that existing without Clifford J. Hughes (NY) Docket: For access to the docket to the exemption. Brian J. Lanzim (NJ) read background documents or Michael E. Luttrell (GA) comments, go to http:// V. Conditions and Requirements William R. Mizell (AR) www.regulations.gov and/or Room The terms and conditions of the Frank E. Myers, Jr. (OK) W12–140 on the ground level of the exemption are provided to the John W. Olenczak (NJ) West Building, 1200 New Jersey Avenue applicants in the exemption document Michael A. Randazzo (PA) SE, Washington, DC, between 9 a.m. and and includes the following: (1) Each Jonathan M. Trussell (TX) 5 p.m., e.t., Monday through Friday, driver must submit a quarterly Raymond L. Underwood, Jr. (CT) except Federal holidays. monitoring checklist completed by the In accordance with 49 U.S.C. 31136(e) Privacy Act: In accordance with 5 treating endocrinologist as well as an and 31315, each exemption will be valid U.S.C. 553(c), DOT solicits comments annual checklist with a comprehensive for two years from the effective date from the public to better inform its medical evaluation; (2) each driver must unless revoked earlier by FMCSA. The rulemaking process. DOT posts these daltland on DSKBBV9HB2PROD with NOTICES report within two business days of exemption will be revoked if the comments, without edit, including any occurrence, all episodes of severe following occurs: (1) The person fails to personal information the commenter hypoglycemia, significant comply with the terms and conditions provides, to http://www.regulations.gov, complications, or inability to manage of the exemption; (2) the exemption has as described in the system of records diabetes; also, any involvement in an resulted in a lower level of safety than notice (DOT/ALL–14 FDMS), which can accident or any other adverse event in was maintained prior to being granted; be reviewed at http://www.dot.gov/ a CMV or personal vehicle, whether or or (3) continuation of the exemption privacy. VerDate Sep<11>2014 18:18 Apr 26, 2018 Jkt 244001 PO 00000 Frm 00134 Fmt 4703 Sfmt 4703 E:\FR\FM\27APN1.SGM 27APN1


Document Created: 2018-04-27 01:46:22
Document Modified: 2018-04-27 01:46:22
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of final disposition.
DatesThe exemptions were applicable on March 17, 2018. The exemptions expire on March 17, 2020.
ContactMs. 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 Citation83 FR 18633 
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