83_FR_18719 83 FR 18637 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

83 FR 18637 - 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 Range18637-18638
FR Document2018-08914

FMCSA announces its decision to exempt 39 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 18637-18638]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08914]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2017-0287]


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 39 individuals from the 
prohibition in the Federal Motor Carrier Safety Regulations (FMCSRs) 
against persons with insulin-treated diabetes mellitus (ITDM) from 
operating a commercial motor vehicle (CMV) in interstate commerce. The 
exemptions enable these individuals with ITDM to operate CMVs in 
interstate commerce.

DATES: The exemptions were applicable on February 16, 2018. The 
exemptions expire on February 16, 2020.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, (202) 366-4001, [email protected], FMCSA, 
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224, 
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., 
e.t., Monday through Friday, except Federal holidays. If you have 
questions regarding viewing or submitting material to the docket, 
contact Docket Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

I. Electronic Access

    You may see all the comments online through the Federal Document 
Management System (FDMS) at: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov and/or Room W12-140 on the 
ground level of the West Building, 1200 New Jersey Avenue SE, 
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, 
except Federal holidays.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to http://www.regulations.gov, as described in 
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed 
at http://www.dot.gov/privacy.

II. Background

    On January 16, 2018, FMCSA published a notice announcing receipt of 
applications from 39 individuals requesting an exemption from diabetes 
requirement in 49 CFR 391.41(b)(3) and requested comments from the 
public (83 FR 2300). The public comment period ended on February 15, 
2018, and no comments were received.
    FMCSA has evaluated the eligibility of these applicants and 
determined that granting the exemptions to these individuals would 
achieve a level of safety equivalent to or greater than the level that 
would be achieved by complying with the current regulation 49 CFR 
391.41(b)(3).
    The physical qualification standard for drivers regarding diabetes 
found in 49 CFR 391.41(b)(3) states that a person is physically 
qualified to drive a CMV if that person has no established medical 
history or clinical diagnosis of diabetes mellitus currently requiring 
insulin for control.

III. Discussion of Comments

    FMCSA received no comments in this proceeding.

IV. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
from the diabetes standard in 49 CFR 391.41(b)(3) if the exemption is 
likely to achieve an equivalent or greater level of safety than would 
be achieved without the exemption. The exemption allows the applicants 
to operate CMVs in interstate commerce.
    The Agency's decision regarding these exemption applications is 
based on the program eligibility criteria and an individualized 
assessment of information submitted by each applicant. The 
qualifications, experience, and medical condition of each applicant 
were stated and discussed in detail in the January 16, 2018, Federal 
Register notice (83 FR 2300) and will not be repeated in this notice.
    These 39 applicants have had ITDM over a range of 1 to 30 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

[[Page 18638]]

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

Rodney C. Adams (CT)
Craig A. Ballard (GA)
David E. Bauman (NE)
Ryan C. Bayless (MO)
Dennis E. Bellerive (NH)
Billy G. Boren, Jr. (KY)
Joseph H. Bove (NY)
Gary W. Brooks (CA)
Carl E. Bryant (NY)
Vernon C. Buchanan (PA)
Phillip L. Butler (VA)
Tyler H. Cardwell (MI)
Arleigh D. Chapman (PA)
Richard J. Dinzeo (MN)
Mark A. Donahoo (MO)
James W. Felske (IL)
Christopher L. Fleming (GA)
Jason R. Gassaway (NM)
Owen D. Gibbons (PA)
James L. Goodwin, 3rd (MD)
Richard J. Grenvik (MN)
Michael K. Gunn (WI)
Kermit F. Hicks, Jr. (OH)
Raymond D. Hill (MN)
Rob D. Karaus (IN)
Garnie T. Mauk, Jr. (TN)
Jose Medelez (OR)
Alexander P. Paice (UT)
Charles Petit-Homme (NY)
Phillip G. Putzke (SD)
James A. Smit (MN)
Gregory E. Sorenson (IN)
Sharon P. Soucy (AK)
Robin T. Spence (OK)
Anthony P. Sweeney (MD)
Richard A. Sweeting (GA)
Steven J. Voorhees (MT)
Jeffery E. Wall (NC)
Samuel E. Ward (KS)

    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. 2018-08914 Filed 4-26-18; 8:45 am]
 BILLING CODE 4910-EX-P

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

18638 Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Notices mellitus, received education related to Gary W. Brooks (CA) SUMMARY: FMCSA announces its diabetes management, and is on a stable Carl E. Bryant (NY) decision to renew exemptions for 186 insulin regimen. These drivers report no Vernon C. Buchanan (PA) individuals from its prohibition in the other disqualifying conditions, Phillip L. Butler (VA) Federal Motor Carrier Safety including diabetes related Tyler H. Cardwell (MI) Regulations (FMCSRs) against persons complications. Each meets the vision Arleigh D. Chapman (PA) with insulin-treated diabetes mellitus requirement at 49 CFR 391.41(b)(10). Richard J. Dinzeo (MN) (ITDM) from operating commercial Consequently, FMCSA finds that in Mark A. Donahoo (MO) motor vehicles (CMVs) in interstate each case exempting these applicants James W. Felske (IL) commerce. The exemptions enable these from the diabetes requirement in 49 CFR Christopher L. Fleming (GA) individuals with ITDM to continue to 391.41(b)(3) is likely to achieve a level Jason R. Gassaway (NM) Owen D. Gibbons (PA) operate CMVs in interstate commerce. of safety equal to that existing without DATES: Each group of renewed James L. Goodwin, 3rd (MD) the exemption. Richard J. Grenvik (MN) exemptions were applicable on the V. Conditions and Requirements Michael K. Gunn (WI) dates stated in the discussions below Kermit F. Hicks, Jr. (OH) and will expire on the dates stated in The terms and conditions of the Raymond D. Hill (MN) the discussions below. exemption are provided to the Rob D. Karaus (IN) applicants in the exemption document FOR FURTHER INFORMATION CONTACT: Ms. Garnie T. Mauk, Jr. (TN) and includes the following: (1) Each Christine A. Hydock, Chief, Medical Jose Medelez (OR) driver must submit a quarterly Alexander P. Paice (UT) Programs Division, 202–366–4001, monitoring checklist completed by the Charles Petit-Homme (NY) fmcsamedical@dot.gov, FMCSA, treating endocrinologist as well as an Phillip G. Putzke (SD) Department of Transportation, 1200 annual checklist with a comprehensive James A. Smit (MN) New Jersey Avenue SE, Room W64–224, medical evaluation; (2) each driver must Gregory E. Sorenson (IN) Washington, DC 20590–0001. Office report within two business days of Sharon P. Soucy (AK) hours are from 8:30 a.m. to 5:30 p.m., occurrence, all episodes of severe Robin T. Spence (OK) e.t., Monday through Friday, except hypoglycemia, significant Anthony P. Sweeney (MD) Federal holidays. If you have questions complications, or inability to manage Richard A. Sweeting (GA) regarding viewing or submitting diabetes; also, any involvement in an Steven J. Voorhees (MT) material to the docket, contact Docket accident or any other adverse event in Jeffery E. Wall (NC) Services, telephone (202) 366–9826. a CMV or personal vehicle, whether or Samuel E. Ward (KS) SUPPLEMENTARY INFORMATION: not it is related to an episode of In accordance with 49 U.S.C. 31136(e) hypoglycemia; (3) each driver must and 31315, each exemption will be valid I. Electronic Access provide a copy of the ophthalmologist’s for two years from the effective date You may see all the comments online or optometrist’s report to the Medical unless revoked earlier by FMCSA. The through the Federal Document Examiner at the time of the annual exemption will be revoked if the Management System (FDMS) at: http:// medical examination; and (4) each following occurs: (1) The person fails to www.regulations.gov. driver must provide a copy of the comply with the terms and conditions Docket: For access to the docket to annual medical certification to the of the exemption; (2) the exemption has read background documents or employer for retention in the driver’s resulted in a lower level of safety than comments, go to http// qualification file, or keeping a copy in was maintained prior to being granted; www.regulations.gov and/or Room his/her driver’s qualification file if he/ or (3) continuation of the exemption W12–140 on the ground level of the she is self-employed. The driver must would not be consistent with the goals West Building, 1200 New Jersey Avenue also have a copy of the exemption when and objectives of 49 U.S.C. 31136(e) and SE, Washington, DC, between 9 a.m. and driving, for presentation to a duly 31315. 5 p.m., e.t., Monday through Friday, authorized Federal, State, or local Issued on: April 23, 2018. except Federal holidays. enforcement official. Larry W. Minor, Privacy Act: In accordance with 5 VI. Preemption Associate Administrator for Policy. U.S.C. 553(c), DOT solicits comments During the period the exemption is in [FR Doc. 2018–08914 Filed 4–26–18; 8:45 am] from the public to better inform its effect, no State shall enforce any law or BILLING CODE 4910–EX–P rulemaking process. DOT posts these regulation that conflicts with this comments, without edit, including any exemption with respect to a person personal information the commenter operating under the exemption. DEPARTMENT OF TRANSPORTATION provides, to http://www.regulations.gov, as described in the system of records VII. Conclusion Federal Motor Carrier Safety notice (DOT/ALL–14 FDMS), which can Based upon its evaluation of the 39 Administration be reviewed at http://www.dot.gov/ exemption applications, FMCSA [Docket No. FMCSA–2009–0289; FMCSA– privacy. exempts the following drivers from the 2009–0290; FMCSA–2011–0300; FMCSA– II. Background diabetes requirement in 49 CFR 2013–0190; FMCSA–2013–0191; FMCSA– 391.41(b)(10), subject to the 2015–0338; FMCSA–2015–0339; FMCSA– On February 14, 2018, FMCSA requirements cited above: 2015–0340] published a notice announcing its daltland on DSKBBV9HB2PROD with NOTICES Rodney C. Adams (CT) decision to renew exemptions for 186 Qualification of Drivers; Exemption individuals from the insulin-treated Craig A. Ballard (GA) Applications; Diabetes diabetes mellitus prohibition in 49 CFR David E. Bauman (NE) Ryan C. Bayless (MO) AGENCY: Federal Motor Carrier Safety 391.41(b)(3) to operate a CMV in Dennis E. Bellerive (NH) Administration (FMCSA), DOT. interstate commerce and requested Billy G. Boren, Jr. (KY) comments from the public (83 FR 6712). ACTION: Notice of final disposition. Joseph H. Bove (NY) The public comment period ended on VerDate Sep<11>2014 18:18 Apr 26, 2018 Jkt 244001 PO 00000 Frm 00138 Fmt 4703 Sfmt 4703 E:\FR\FM\27APN1.SGM 27APN1


Document Created: 2018-04-27 01:45:57
Document Modified: 2018-04-27 01:45:57
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 February 16, 2018. The exemptions expire on February 16, 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 18637 
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