83 FR 24574 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 103 (May 29, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 103 (May 29, 2018)
| Page Range | 24574-24576 | |
| FR Document | 2018-11429 |
[Federal Register Volume 83, Number 103 (Tuesday, May 29, 2018)] [Notices] [Pages 24574-24576] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-11429] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA-2018-0020] 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, 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 51 individuals requesting an exemption from diabetes requirement in 49 CFR 391.41(b)(3) and requested comments from the public (83 FR 6685). The public comment period ended on March 16, 2018, and five 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 five comments in this proceeding. Vicky Johnson stated that Minnesota Department of Public Safety is in favor of granting exemptions to the following Minnesota drivers: Mark S. Schellhammer, Daniel G. Roach, and Donald R. Heupel. The Motor Vehicle Division (DMV) in the State of Montana reviewed the driving record of Marty G. Niles and [[Page 24575]] found evidence that indicates Mr. Niles will not be able to achieve the statutory level of safety. FMCSA met with representatives of the DMV and reviewed Mr. Niles' driving record which had new information not provided in the application submitted to the Agency. FMCSA determined that Mr. Niles does meet the criteria to receive the exemption. Tommy Friend and Austin Thies stated that they believe anyone who decides to drive a CMV with diabetes should be allowed to do so without discrimination. FMCSA believes that the individualized assessment of exemption applicants addresses the commenter's concern about discrimination, while maintaining an equivalent level of public safety. FMCSA's exemption process supports drivers with ITDM who seek to operate in interstate commerce. In addition, the FMCSRs are not contrary to the Americans with Disabilities Act (ADA) of 1990. The mandates of the ADA do not require that FMCSA alter the driver qualification requirements contained in 49 CFR part 391. The Senate report on the ADA, submitted by its Committee on Labor and Human Resources, included the following explanation: With respect to covered entities subject to rules promulgated by the Department of Transportation regarding physical qualifications for drivers of certain classifications of motor vehicles, it is the Committee's intent that a person with a disability applying for or currently holding a job subject to these standards must be able to satisfy these physical qualification standards in order to be considered a qualified individual with a disability under title I of this legislation. S. Rep. 101-116, at 25 (1989). The Agency's current approach, articulated in this Federal Register notice, nevertheless meets the spirit of the ADA by conducting an individualized assessment of each exemption applicant's medical history and the concomitant level of safety risk. The Agency's case-by-case review of exemption applicants provides the best assurance of drivers being treated fairly, while at the same time addressing public safety concerns. George Benson states that if a person is truly taking care of their diabetes, it should not take as long as it does to get the exemption and the process does not have to be so difficult. FMCSA is required by statute to complete the application process within 180 days from the date all required information is submitted by the applicant. However, this is often completed well in advance of this timeframe. This timeframe includes time to review application information and meet Federal Register publication requirements to include a 30-day public comment period, as required by law. 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 6685) and will not be repeated in this notice. These 51 applicants have had ITDM over a range of 1 to 47 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 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: Tina M. Adams (NY) Steven A Bain (RI) Joseph M. Ballard (MI) Edward L. Barron (TX) James A. Beck (KY) George R. Benson (TX) Jason D. Bonham (KS) Dennis L. Bowden (CA) Harry C. Davis (PA) Warren E. Davis (IL) Anderson N. Debitencourte (MA) George M. Dickherber (MO) Craig A. Dixon (IA) Sandra M. Fazio (NH) Thomas M. Gibbs (VA) Willi M. Goolsbey (NM) Eli J. Goudreau (MA) John W. Green (IA) Delight A. Halfred (SD) Vernell Harris (IL) Robert L. Harris (TN) Donald R. Heupel (MN) Michael J. Hobbs (TX) Arnold Hollins (IL) Sarvar Kachiev (IL) Sidney G. Lehman (PA) John H. Lowe, Jr. (CO) Robert R. Martin (KS) Christopher C. McMurray (CA) Davis K. Mensah (VA) Jeffrey R. Meyer (CA) Kurtis A. Nichols (MO) Marty G. Niles (MT) [[Page 24576]] Darrell E. Oliver (TN) Timothy P. Oliver (OR) Fred W. Payne (OR) Ronald L. Pellack, Jr. (IL) Edward F. Poe (MI) Clint A. Richter (PA) Daniel G. Roach (MN) Mark S. Schellhammer (MN) Edward R. Sutton (CA) Maurice L. Talley (NV) Brandon L. Tatman (CO) Austin M. Thies (IA) Robert J. Tischler (UT) Michael Tucker (NJ) Leonard J. Warnock (WA) John R. Wohlers (WI) David L. Woodfill (CA) Daniel J. Woodring (MI) 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: May 17, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-11429 Filed 5-25-18; 8:45 am] BILLING CODE 4910-EX-P
![24574 Federal Register / Vol. 83, No. 103 / Tuesday, May 29, 2018 / Notices
Terry L. Brantley (NC) satisfied the renewal conditions for regarding viewing or submitting
Steven E. Brechting (MI) obtaining an exemption from the rule material to the docket, contact Docket
Scott A. Carlson (WI) prohibiting drivers with ITDM from Services, telephone (202) 366–9826.
Joseph L. Coggins (SC) driving CMVs in interstate commerce SUPPLEMENTARY INFORMATION:
Stephanie D. Fry (WY) (76 FR 63295; 76 FR 76400; 80 FR
Robert W. Gaultney, Jr. (MD) 68895). I. Electronic Access
Paul T. Kubish (WI) This driver was included in docket You may see all the comments online
David M. Levy (NY) number FMCSA–2013–0189. The through the Federal Document
David F. Morin (CA) exemption is applicable as of November Management System (FDMS) at: http://
Jeffrey J. Morinelli (NE) 22, 2017, and will expire November 22, www.regulations.gov.
Ronald D. Murphy (WV) 2019. Docket: For access to the docket to
Charles B. Page (PA) In accordance with 49 U.S.C. 31315, read background documents or
John A. Remaklus (OH) each exemption will be valid for two comments, go to http://
Michael D. Schooler (IN) years from the effective date unless www.regulations.gov and/or Room
Arthur L. Stapleton, Jr. (OH) revoked earlier by FMCSA. The W12–140 on the ground level of the
Jeffrey M. Thew (WA) exemption will be revoked if the West Building, 1200 New Jersey Avenue
Barney J. Wade following occurs: (1) The person fails to SE, Washington, DC, between 9 a.m. and
Dennis D. Wade (IL) comply with the terms and conditions 5 p.m., e.t., Monday through Friday,
The drivers were included in docket of the exemption; (2) the exemption has except Federal holidays.
number FMCSA–2006–25751. Their resulted in a lower level of safety than Privacy Act: In accordance with 5
exemptions are applicable as of was maintained prior to being granted; U.S.C. 553(c), DOT solicits comments
November 20, 2017, and will expire on or (3) continuation of the exemption from the public to better inform its
November 20, 2019. would not be consistent with the goals rulemaking process. DOT posts these
As of November 21, 2017, and in and objectives of 49 U.S.C. 31136 and comments, without edit, including any
accordance with 49 U.S.C. 31136(e) and 31315. personal information the commenter
31315, the following 29 individuals Issued on: May 17, 2018.
provides, to http://www.regulations.gov,
have satisfied the renewal conditions for as described in the system of records
Larry W. Minor,
obtaining an exemption from the rule notice (DOT/ALL–14 FDMS), which can
Associate Administrator for Policy. be reviewed at http://www.dot.gov/
prohibiting drivers with ITDM from
[FR Doc. 2018–11410 Filed 5–25–18; 8:45 am] privacy.
driving CMVs in interstate commerce
BILLING CODE 4910–EX–P
(80 FR 63863; 81 FR 6330): II. Background
Leonel Barrera, Jr. (TX) On February 14, 2018, FMCSA
Alfred T. Benelli (PA) DEPARTMENT OF TRANSPORTATION published a notice announcing receipt
Rickie J. Burgess (NC) of applications from 51 individuals
Edson M. Chick (VT) Federal Motor Carrier Safety requesting an exemption from diabetes
Jerome E. Collins (LA) Administration requirement in 49 CFR 391.41(b)(3) and
Alvah R. Daniel, Jr. (WY) requested comments from the public (83
[FMCSA Docket No. FMCSA–2018–0020]
John M. Fisher (VA)
FR 6685). The public comment period
Kent E. Fry (IL) Qualification of Drivers; Exemption ended on March 16, 2018, and five
Stanley M. Garrison (AR) Applications; Diabetes Mellitus comments were received.
Eric T. Herron (NV) FMCSA has evaluated the eligibility
Lyle E. Hinspeter, Jr. (IA) AGENCY: Federal Motor Carrier Safety
of these applicants and determined that
Burton W. Holliday (AL) Administration (FMCSA), DOT.
granting the exemptions to these
Justin L. Howe (IL) ACTION: Notice of final disposition. individuals would achieve a level of
Robert M. Manko (NY) safety equivalent to or greater than the
Clarance McNeill (NC) SUMMARY: FMCSA announces its
decision to exempt 51 individuals from level that would be achieved by
Joe R. Minga (MS)
the prohibition in the Federal Motor complying with the current regulation
Tyna M. Murphy (PA)
Carrier Safety Regulations (FMCSRs) 49 CFR 391.41(b)(3).
Jose A. Ortega (IL) The physical qualification standard
Troy D. Ostrowski (MN) against persons with insulin-treated
diabetes mellitus (ITDM) from operating for drivers regarding diabetes found in
Terry G. Parker (OR) 49 CFR 391.41(b)(3) states that a person
Anthony T. Quaglieri (NJ) a commercial motor vehicle (CMV) in
interstate commerce. The exemptions is physically qualified to drive a CMV
Antonio Ramos (RI) if that person has no established
Robert N. Ruhs (IA) enable these individuals with ITDM to
operate CMVs in interstate commerce. medical history or clinical diagnosis of
Ford J. Stevens, Jr. (MA) diabetes mellitus currently requiring
Donald T. Streich (WA) DATES: The exemptions were applicable
insulin for control.
Dale A. Stydinger (PA) on March 17, 2018. The exemptions
Raymond E. Thomason (CA) expire on March 17, 2020. III. Discussion of Comments
Robert M. Wright (PA) FOR FURTHER INFORMATION CONTACT: Ms. FMCSA received five comments in
Joe L. Zamora (TX) Christine A. Hydock, Chief, Medical this proceeding. Vicky Johnson stated
The drivers were included in docket Programs Division, (202) 366–4001, that Minnesota Department of Public
daltland on DSKBBV9HB2PROD with NOTICES
number FMCSA–2015–0068. Their fmcsamedical@dot.gov, FMCSA, Safety is in favor of granting exemptions
exemptions are applicable as of Department of Transportation, 1200 to the following Minnesota drivers:
November 21, 2017, and will expire on New Jersey Avenue SE, Room W64–224, Mark S. Schellhammer, Daniel G.
November 21, 2019. Washington, DC 20590–0001. Office Roach, and Donald R. Heupel.
As of November 22, 2017, and in hours are from 8:30 a.m. to 5 p.m., e.t., The Motor Vehicle Division (DMV) in
accordance with 49 U.S.C. 31136(e) and Monday through Friday, except Federal the State of Montana reviewed the
31315, Steven R. Auger (NH) has holidays. If you have questions driving record of Marty G. Niles and
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![24576 Federal Register / Vol. 83, No. 103 / Tuesday, May 29, 2018 / Notices
Darrell E. Oliver (TN) System (FDMS) Docket No. FMCSA– SUPPLEMENTARY INFORMATION:
Timothy P. Oliver (OR) 2018–0029 using any of the following
I. Background
Fred W. Payne (OR) methods:
Ronald L. Pellack, Jr. (IL) • Federal eRulemaking Portal: Go to Under 49 U.S.C. 31136(e) and 31315,
Edward F. Poe (MI) http://www.regulations.gov. Follow the FMCSA may grant an exemption from
Clint A. Richter (PA) online instructions for submitting the FMCSRs for a five-year period if it
Daniel G. Roach (MN) comments. finds ‘‘such exemption would likely
Mark S. Schellhammer (MN) • Mail: Docket Management Facility; achieve a level of safety that is
Edward R. Sutton (CA) U.S. Department of Transportation, 1200 equivalent to or greater than the level
Maurice L. Talley (NV) New Jersey Avenue SE, West Building that would be achieved absent such
Brandon L. Tatman (CO) Ground Floor, Room W12–140, exemption.’’ The statute also allows the
Austin M. Thies (IA) Washington, DC 20590–0001. Agency to renew exemptions at the end
Robert J. Tischler (UT) • Hand Delivery: West Building of the five-year period. FMCSA grants
Michael Tucker (NJ) Ground Floor, Room W12–140, 1200 exemptions from the FMCSRs for a two-
Leonard J. Warnock (WA) New Jersey Avenue SE, Washington, year period to align with the maximum
John R. Wohlers (WI) DC, between 9 a.m. and 5 p.m., E.T., duration of a driver’s medical
David L. Woodfill (CA) Monday through Friday, except Federal certification.
Daniel J. Woodring (MI) Holidays. The 2018–0029 individuals listed in
In accordance with 49 U.S.C. 31136(e) • Fax: 1–202–493–2251. this notice have requested an exemption
and 31315, each exemption will be valid Instructions: Each submission must from the diabetes prohibition in 49 CFR
for two years from the effective date include the Agency name and the 391.41(b)(3). Accordingly, the Agency
unless revoked earlier by FMCSA. The docket number(s) for this notice. Note will evaluate the qualifications of each
exemption will be revoked if the that all comments received will be applicant to determine whether granting
following occurs: (1) The person fails to posted without change to http:// the exemption will achieve the required
comply with the terms and conditions www.regulations.gov, including any level of safety mandated by statute.
of the exemption; (2) the exemption has personal information provided. Please The physical qualification standard
resulted in a lower level of safety than see the Privacy Act heading below for for drivers regarding diabetes found in
was maintained prior to being further information. 49 CFR 391.41(b)(3) states that a person
Docket: For access to the docket to is physically qualified to drive a CMV
granted; or (3) continuation of the
read background documents or if that person has no established
exemption would not be consistent with
comments, go to http:// medical history or clinical diagnosis of
the goals and objectives of 49 U.S.C.
www.regulations.gov at any time or diabetes mellitus currently requiring
31136(e) and 31315.
Room W12–140 on the ground level of insulin for control. The Agency
Issued on: May 17, 2018. the West Building, 1200 New Jersey established the current requirement for
Larry W. Minor, Avenue SE, Washington, DC, between 9 diabetes in 1970 because several risk
Associate Administrator for Policy. a.m. and 5 p.m., E.T., Monday through studies indicated that drivers with
[FR Doc. 2018–11429 Filed 5–25–18; 8:45 am] Friday, except Federal holidays. The diabetes had a higher rate of crash
BILLING CODE 4910–EX–P FDMS is available 24 hours each day involvement than the general
E.T., 365 days each year. If you want population.
acknowledgment that we received your FMCSA established its diabetes
DEPARTMENT OF TRANSPORTATION comments, please include a self- exemption program, based on the
addressed, stamped envelope or Agency’s July 2000 study entitled ‘‘A
Federal Motor Carrier Safety postcard or print the acknowledgement Report to Congress on the Feasibility of
Administration page that appears after submitting a Program to Qualify Individuals with
[Docket No. FMCSA–2018–0029]
comments online. Insulin-Treated Diabetes Mellitus to
Privacy Act: In accordance with 5 Operate in Interstate Commerce as
Qualification of Drivers; Exemption U.S.C. 553(c), DOT solicits comments Directed by the Transportation Act for
Applications; Diabetes Mellitus from the public to better inform its the 21st Century.’’ The report concluded
rulemaking process. DOT posts these that a safe and practicable protocol to
AGENCY: Federal Motor Carrier Safety comments, without edit, including any allow some drivers with ITDM to
Administration (FMCSA), DOT. personal information the commenter operate CMVs is feasible. The
ACTION: Notice of applications for provides, to http://www.regulations.gov, September 3, 2003 (68 FR 52441),
exemption; request for comments. as described in the system of records Federal Register notice in conjunction
notice (DOT/ALL–14 FDMS), which can with the November 8, 2005 (70 FR
SUMMARY: FMCSA announces receipt of be reviewed at http://www.dot.gov/ 67777), Federal Register notice provides
applications from 37 individuals for an privacy. the current protocol for allowing such
exemption from the prohibition in the FOR FURTHER INFORMATION CONTACT: Ms. drivers to operate CMVs in interstate
Federal Motor Carrier Safety Christine A. Hydock, Chief, Medical commerce.
Regulations (FMCSRs) against persons Programs Division, (202) 366–4001, FMCSA notes that section 4129 of the
with insulin-treated diabetes mellitus fmcsamedical@dot.gov, FMCSA, Safe, Accountable, Flexible and
(ITDM) operating a commercial motor Department of Transportation, 1200 Efficient Transportation Equity Act: A
vehicle (CMV) in interstate commerce. If New Jersey Avenue SE, Room W64–224, Legacy for Users requires the Secretary
daltland on DSKBBV9HB2PROD with NOTICES
granted, the exemptions would enable Washington, DC 20590–0001. Office to revise its diabetes exemption program
these individuals with ITDM to operate hours are 8:30 a.m. to 5 p.m., E.T., established on September 3, 2003 (68 FR
CMVs in interstate commerce. Monday through Friday, except Federal 52441). The revision must provide for
DATES: Comments must be received on holidays. If you have questions individual assessment of drivers with
or before June 28, 2018. regarding viewing or submitting diabetes mellitus, and be consistent
ADDRESSES: You may submit comments material to the docket, contact Docket with the criteria described in section
bearing the Federal Docket Management Services, telephone (202) 366–9826. 4018 of the Transportation Equity Act
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Document Created: 2018-05-26 00:48:12
Document Modified: 2018-05-26 00:48:12
| 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 24574 |
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