83 FR 18636 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 82 (April 27, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 82 (April 27, 2018)
| Page Range | 18636-18637 | |
| FR Document | 2018-08912 |
[Federal Register Volume 83, Number 82 (Friday, April 27, 2018)] [Notices] [Pages 18636-18637] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-08912] [[Page 18636]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA-2017-0236] 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 49 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 January 13, 2018. The exemptions expire on January 13, 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 December 13, 2017, FMCSA published a notice announcing receipt of applications from 49 individuals requesting an exemption from diabetes requirement in 49 CFR 391.41(b)(3) and requested comments from the public (82 FR 58686). The public comment period ended on January 12, 2018, 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. Brittany Rothweiler stated that she believes if a person can provide documentation from their healthcare provider that their diabetes is controlled, then they should be able to drive a CMV in interstate commerce. Drivers applying for the Federal diabetes exemption are required to submit medical documentation from their Endocrinologist attesting to proper control of their diabetes. 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 December 13, 2017, Federal Register notice (82 FR 58686) and will not be repeated in this notice. These 49 applicants have had ITDM over a range of 1 to 33 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 49 exemption applications, FMCSA exempts the following drivers from the [[Page 18637]] diabetes requirement in 49 CFR 391.41(b)(10), subject to the requirements cited above: Christopher G. Barr (MI) Jason W. Bass (NM) Michael L. Beaty (AK) Bryan L. Bier (WA) David T. Botkin (CA) Terry L. Breuklander (MO) Vensin R. Brown (GA) Derek R. Burke (ID) James H. Corbett (SC) Phillip M. Covel (NE) Alan P. Curtis (CT) Steven M. Dillow (IN) Samuel W. Drake (VT) Garland K. Edmonds (WV) Donald R. Engbretson (IA) Kenneth F. Erbar (WA) Gary W. Finn (CO) Russ A. Garetson (IA) Donald R. Gladson (TN) Evon L. Gray (PA) Edward A. Harrell (FL) Kevin P. Harris (ME) Thomas S. Holland (PA) Cody R. Huxman (KS) Lewis D. Knudsen (VA) Tracy D. Kropf (OR) Edward H. LaDuke (AZ) James E. Malonson (MA) Bruce E. Martin (MA) Shaun A. Medley (IN) Melissa D. Merchant (AL) William Moore (NJ) Kevin E. Nash (IN) David J. Ninke (OH) Thomas A. Pothast (OH) Jonathan E. Sills (IN) Nirmal Singh (MI) Sonny Singh (OK) Michael A. Skovbroten (WI) Mark N. Sprague (ME) Bick M. Stenberg (UT) Duane J. TenEyck (NE) Wayne M. Tolbert (OH) Rene G. Torres (TX) Fred M. Ussery (LA) Jerry C. Watkins (NC) Thomas H. Weihler (IL) Perry D. Whitley (NM) Alexander J. Yakimow (OH) 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 23, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-08912 Filed 4-26-18; 8:45 am] BILLING CODE 4910-EX-P
![18636 Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Notices
DEPARTMENT OF TRANSPORTATION II. Background the assistance of another person, or
On December 13, 2017, FMCSA resulting in impaired cognitive function
Federal Motor Carrier Safety that occurred without warning
published a notice announcing receipt
Administration symptoms, in the past 12 months and no
of applications from 49 individuals
requesting an exemption from diabetes recurrent (two or more) severe
[FMCSA Docket No. FMCSA–2017–0236] hypoglycemic episodes in the past five
requirement in 49 CFR 391.41(b)(3) and
years. In each case, an endocrinologist
requested comments from the public (82
Qualification of Drivers; Exemption verified that the driver has
FR 58686). The public comment period
Applications; Diabetes Mellitus demonstrated a willingness to properly
ended on January 12, 2018, and one
monitor and manage his/her diabetes
AGENCY: Federal Motor Carrier Safety comment was received.
mellitus, received education related to
Administration (FMCSA), DOT. FMCSA has evaluated the eligibility
diabetes management, and is on a stable
of these applicants and determined that
ACTION: Notice of final disposition. insulin regimen. These drivers report no
granting the exemptions to these
other disqualifying conditions,
individuals would achieve a level of
SUMMARY: FMCSA announces its including diabetes related
safety equivalent to or greater than the
decision to exempt 49 individuals from complications. Each meets the vision
level that would be achieved by
the prohibition in the Federal Motor requirement at 49 CFR 391.41(b)(10).
complying with the current regulation Consequently, FMCSA finds that in
Carrier Safety Regulations (FMCSRs)
49 CFR 391.41(b)(3). each case exempting these applicants
against persons with insulin-treated
The physical qualification standard from the diabetes requirement in 49 CFR
diabetes mellitus (ITDM) from operating
for drivers regarding diabetes found in 391.41(b)(3) is likely to achieve a level
a commercial motor vehicle (CMV) in
49 CFR 391.41(b)(3) states that a person of safety equal to that existing without
interstate commerce. The exemptions
is physically qualified to drive a CMV the exemption.
enable these individuals with ITDM to
if that person has no established
operate CMVs in interstate commerce. V. Conditions and Requirements
medical history or clinical diagnosis of
DATES: The exemptions were applicable diabetes mellitus currently requiring The terms and conditions of the
on January 13, 2018. The exemptions insulin for control. exemption are provided to the
expire on January 13, 2020. applicants in the exemption document
III. Discussion of Comments
FOR FURTHER INFORMATION CONTACT: Ms. and includes the following: (1) Each
Christine A. Hydock, Chief, Medical FMCSA received one comment in this driver must submit a quarterly
Programs Division, (202) 366–4001, proceeding. Brittany Rothweiler stated monitoring checklist completed by the
fmcsamedical@dot.gov, FMCSA, that she believes if a person can provide treating endocrinologist as well as an
Department of Transportation, 1200 documentation from their healthcare annual checklist with a comprehensive
New Jersey Avenue SE, Room W64–224, provider that their diabetes is medical evaluation; (2) each driver must
Washington, DC 20590–0001. Office controlled, then they should be able to report within two business days of
hours are from 8:30 a.m. to 5 p.m., e.t., drive a CMV in interstate commerce. occurrence, all episodes of severe
Monday through Friday, except Federal Drivers applying for the Federal hypoglycemia, significant
holidays. If you have questions diabetes exemption are required to complications, or inability to manage
regarding viewing or submitting submit medical documentation from diabetes; also, any involvement in an
material to the docket, contact Docket their Endocrinologist attesting to proper accident or any other adverse event in
Services, telephone (202) 366–9826. control of their diabetes. a CMV or personal vehicle, whether or
SUPPLEMENTARY INFORMATION: IV. Basis for Exemption Determination not it is related to an episode of
hypoglycemia; (3) each driver must
I. Electronic Access 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
You may see all the comments online the diabetes standard in 49 CFR
through the Federal Document Examiner at the time of the annual
391.41(b)(3) if the exemption is likely to medical examination; and (4) each
Management System (FDMS) at: http:// achieve an equivalent or greater level of
www.regulations.gov. driver must provide a copy of the
safety than would be achieved without annual medical certification to the
Docket: For access to the docket to the exemption. The exemption allows employer for retention in the driver’s
read background documents or the applicants to operate CMVs in qualification file, or keeping a copy in
comments, go to http:// interstate commerce. his/her driver’s qualification file if he/
www.regulations.gov and/or Room The Agency’s decision regarding these she is self-employed. The driver must
W12–140 on the ground level of the exemption applications is based on the also have a copy of the exemption when
West Building, 1200 New Jersey Avenue program eligibility criteria and an driving, for presentation to a duly
SE, Washington, DC, between 9 a.m. and individualized assessment of authorized Federal, State, or local
5 p.m., e.t., Monday through Friday, information submitted by each enforcement official.
except Federal holidays. applicant. The qualifications,
Privacy Act: In accordance with 5 experience, and medical condition of VI. Preemption
U.S.C. 553(c), DOT solicits comments each applicant were stated and During the period the exemption is in
from the public to better inform its discussed in detail in the December 13, effect, no State shall enforce any law or
rulemaking process. DOT posts these 2017, Federal Register notice (82 FR regulation that conflicts with this
daltland on DSKBBV9HB2PROD with NOTICES
comments, without edit, including any 58686) and will not be repeated in this exemption with respect to a person
personal information the commenter notice. operating under the exemption.
provides, to http://www.regulations.gov, These 49 applicants have had ITDM
as described in the system of records over a range of 1 to 33 years. These VII. Conclusion
notice (DOT/ALL–14 FDMS), which can applicants report no severe Based upon its evaluation of the 49
be reviewed at http://www.dot.gov/ hypoglycemic reactions resulting in loss exemption applications, FMCSA
privacy. of consciousness or seizure, requiring exempts the following drivers from the
VerDate Sep<11>2014 18:18 Apr 26, 2018 Jkt 244001 PO 00000 Frm 00136 Fmt 4703 Sfmt 4703 E:\FR\FM\27APN1.SGM 27APN1](https://thefederalregister.org/doc/83_FR_18718/page/1.svg)
![Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Notices 18637
diabetes requirement in 49 CFR DEPARTMENT OF TRANSPORTATION II. Background
391.41(b)(10), subject to the On January 16, 2018, FMCSA
requirements cited above: Federal Motor Carrier Safety
published a notice announcing receipt
Christopher G. Barr (MI) Administration
of applications from 39 individuals
Jason W. Bass (NM) requesting an exemption from diabetes
Michael L. Beaty (AK) [FMCSA Docket No. FMCSA–2017–0287] requirement in 49 CFR 391.41(b)(3) and
Bryan L. Bier (WA)
David T. Botkin (CA) requested comments from the public (83
Qualification of Drivers; Exemption
Terry L. Breuklander (MO) FR 2300). The public comment period
Applications; Diabetes Mellitus
Vensin R. Brown (GA) ended on February 15, 2018, and no
Derek R. Burke (ID) AGENCY: Federal Motor Carrier Safety comments were received.
James H. Corbett (SC) Administration (FMCSA), DOT. FMCSA has evaluated the eligibility
Phillip M. Covel (NE) of these applicants and determined that
Alan P. Curtis (CT) ACTION: Notice of final disposition.
granting the exemptions to these
Steven M. Dillow (IN) individuals would achieve a level of
Samuel W. Drake (VT) SUMMARY: FMCSA announces its
safety equivalent to or greater than the
Garland K. Edmonds (WV) decision to exempt 39 individuals from
level that would be achieved by
Donald R. Engbretson (IA) the prohibition in the Federal Motor
complying with the current regulation
Kenneth F. Erbar (WA) Carrier Safety Regulations (FMCSRs)
Gary W. Finn (CO) 49 CFR 391.41(b)(3).
against persons with insulin-treated
Russ A. Garetson (IA) The physical qualification standard
diabetes mellitus (ITDM) from operating
Donald R. Gladson (TN) for drivers regarding diabetes found in
a commercial motor vehicle (CMV) in
Evon L. Gray (PA) 49 CFR 391.41(b)(3) states that a person
interstate commerce. The exemptions
Edward A. Harrell (FL) is physically qualified to drive a CMV
enable these individuals with ITDM to
Kevin P. Harris (ME) if that person has no established
operate CMVs in interstate commerce.
Thomas S. Holland (PA) medical history or clinical diagnosis of
Cody R. Huxman (KS) DATES: The exemptions were applicable diabetes mellitus currently requiring
Lewis D. Knudsen (VA) on February 16, 2018. The exemptions insulin for control.
Tracy D. Kropf (OR) expire on February 16, 2020.
Edward H. LaDuke (AZ) III. Discussion of Comments
FOR FURTHER INFORMATION CONTACT: Ms.
James E. Malonson (MA) FMCSA received no comments in this
Bruce E. Martin (MA) Christine A. Hydock, Chief, Medical
Programs Division, (202) 366–4001, proceeding.
Shaun A. Medley (IN)
Melissa D. Merchant (AL) fmcsamedical@dot.gov, FMCSA, IV. Basis for Exemption Determination
William Moore (NJ) Department of Transportation, 1200
Kevin E. Nash (IN) New Jersey Avenue SE, Room W64–224, Under 49 U.S.C. 31136(e) and 31315,
David J. Ninke (OH) Washington, DC 20590–0001. Office FMCSA may grant an exemption from
Thomas A. Pothast (OH) hours are from 8:30 a.m. to 5 p.m., e.t., the diabetes standard in 49 CFR
Jonathan E. Sills (IN) Monday through Friday, except Federal 391.41(b)(3) if the exemption is likely to
Nirmal Singh (MI) holidays. If you have questions achieve an equivalent or greater level of
Sonny Singh (OK) regarding viewing or submitting safety than would be achieved without
Michael A. Skovbroten (WI) the exemption. The exemption allows
Mark N. Sprague (ME) material to the docket, contact Docket
Services, telephone (202) 366–9826. the applicants to operate CMVs in
Bick M. Stenberg (UT) interstate commerce.
Duane J. TenEyck (NE) SUPPLEMENTARY INFORMATION: The Agency’s decision regarding these
Wayne M. Tolbert (OH) exemption applications is based on the
Rene G. Torres (TX) I. Electronic Access
Fred M. Ussery (LA) program eligibility criteria and an
You may see all the comments online individualized assessment of
Jerry C. Watkins (NC) through the Federal Document
Thomas H. Weihler (IL) information submitted by each
Management System (FDMS) at: http:// applicant. The qualifications,
Perry D. Whitley (NM)
Alexander J. Yakimow (OH) www.regulations.gov. experience, and medical condition of
In accordance with 49 U.S.C. 31136(e) Docket: For access to the docket to each applicant were stated and
and 31315, each exemption will be valid read background documents or discussed in detail in the January 16,
for two years from the effective date comments, go to http:// 2018, Federal Register notice (83 FR
unless revoked earlier by FMCSA. The www.regulations.gov and/or Room 2300) and will not be repeated in this
exemption will be revoked if the W12–140 on the ground level of the notice.
following occurs: (1) The person fails to West Building, 1200 New Jersey Avenue These 39 applicants have had ITDM
comply with the terms and conditions SE, Washington, DC, between 9 a.m. and over a range of 1 to 30 years. These
of the exemption; (2) the exemption has 5 p.m., e.t., Monday through Friday, applicants report no severe
resulted in a lower level of safety than except Federal holidays. hypoglycemic reactions resulting in loss
was maintained prior to being granted; Privacy Act: In accordance with 5 of consciousness or seizure, requiring
or (3) continuation of the exemption U.S.C. 553(c), DOT solicits comments the assistance of another person, or
would not be consistent with the goals from the public to better inform its resulting in impaired cognitive function
and objectives of 49 U.S.C. 31136(e) and rulemaking process. DOT posts these that occurred without warning
daltland on DSKBBV9HB2PROD with NOTICES
31315. 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 23, 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. 2018–08912 Filed 4–26–18; 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
VerDate Sep<11>2014 18:18 Apr 26, 2018 Jkt 244001 PO 00000 Frm 00137 Fmt 4703 Sfmt 4703 E:\FR\FM\27APN1.SGM 27APN1](https://thefederalregister.org/doc/83_FR_18718/page/2.svg)
Document Created: 2018-04-27 01:44:24
Document Modified: 2018-04-27 01:44:24
| 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 January 13, 2018. The exemptions expire on January 13, 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 18636 |
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