83 FR 40630 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 158 (August 15, 2018)

Page Range		40630-40631
FR Document		2018-17592

FMCSA announces its decision to exempt 53 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 158 (Wednesday, August 15, 2018)

[Federal Register Volume 83, Number 158 (Wednesday, August 15, 2018)]
[Notices]
[Pages 40630-40631]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17592]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0031]


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 53 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 July 19, 2018. The exemptions 
expire on July 19, 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 June 18, 2018, FMCSA published a notice announcing receipt of 
applications from 53 individuals requesting an exemption from diabetes 
requirement in 49 CFR 391.41(b)(3) and requested comments from the 
public (83 FR 28310). The public comment period ended on July 18, 2018, 
and two 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 two comments in this proceeding. Vicky Johnson from 
the Minnesota Department of Public Safety stated that Minnesota has no 
objections to granting diabetes exemptions to Bobby R. Isaacson, and 
Heath A. Woodiwiss.
    Mick Torok from N.A.T. Transportation, Inc. stated that he has no 
objections to granting a diabetes exemption to Zachary Fairbanks.

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 June 18, 2018, Federal 
Register notice (83 FR 28310) and will not be repeated in this notice.
    These 53 applicants have had ITDM over a range of 1 to 34 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

[[Page 40631]]

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

Jason M. Abbott (OH)
Casey L. Alt (CO)
Joseph E. Beach (OH)
Eli A. Berkowitz (NJ)
Todd O. Blackwell (ID)
Joel H. Blancett, Jr. (NM)
Robert H. Blowers (OH)
David R. Booth (CT)
Travis W. Bradford (KY)
Darrel L. Burke (SD)
Bryan D. Cash (MI)
Marty A. Collins (OK)
Gino R. Couch (IN)
James D. Denison (IA)
David L. Derossett, Jr. (IN)
John L. Enterkin (IN)
William H. Ervin (NC)
Scot A. Etgen (OH)
Zachary D. Fairbanks (OH)
Ward W. Genzel (MT)
Kasey D. Green (CA)
Justin A. Hamic (AL)
Philip F. Headington (IA)
Jason A. Hendrickson (WA)
Bobby R. Isaacson (MN)
John W. Johnson (FL)
Douglas E. Kanesky, Jr. (AZ)
William D. Kincaid, Jr. (MA)
David W. Koch (PA)
Christopher N. Lacy (WV)
John G. Lopez (TX)
David E. Marvin (IA)
Bruce R. McDaniel (OK)
Edward A. Oikemus, Jr. (MD)
Tony L. Pennywell (FL)
Blake T. Pinkston (IN)
Dustin C. Riley (NY)
Wes D. Rodrigue (NH)
Jonathan C. Shultz (IA)
Michael P. Scott (SC)
Patrick E. Sevier (IA)
Keith O. Shaw, Sr. (IL)
Rosalie A. Silva (CA)
James R. Sizemore (VA)
David A. Stedford (CT)
Geraldine St-Germain (NJ)
Theodore F. Stuard II (IN)
Richard J. Taylor (IL)
Chris A. Voelker (IA)
Benjamin B. Webb (NC)
Donnie E. Winters (MS)
Heath A. Woodiwiss (MN)
Anthony K. Zelinsky (NJ)

    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: August 8, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-17592 Filed 8-14-18; 8:45 am]
 BILLING CODE 4910-EX-P

40630 Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices

Taxhidin Ferati (WI) Monday through Friday, except Federal Mick Torok from N.A.T.
Terry Friedrichs (MN) holidays. If you have questions Transportation, Inc. stated that he has
Adam Fyle (NC) regarding viewing or submitting no objections to granting a diabetes
Keith Hubbard (WV) material to the docket, contact Docket exemption to Zachary Fairbanks.
Thomas R. James (MN) Services, telephone (202) 366–9826.
Kevin Jandreau (ME) IV. Basis for Exemption Determination
SUPPLEMENTARY INFORMATION:
David Johnston (MN) Under 49 U.S.C. 31136(e) and 31315,
Douglas Kelbley (OH) I. Electronic Access FMCSA may grant an exemption from
Timothy T. Leonard (CA) You may see all the comments online the diabetes standard in 49 CFR
Steven W. Massman (MN) through the Federal Document 391.41(b)(3) if the exemption is likely to
Kevin Mathis (NJ) achieve an equivalent or greater level of
Management System (FDMS) at: http://
John McGhee (ND) safety than would be achieved without
www.regulations.gov.
Brian Nelson (MO) the exemption. The exemption allows
Raymond Phillips (FL) Docket: For access to the docket to
the applicants to operate CMVs in
Timothy Picot (MD) read background documents or
interstate commerce.
Luis Tirado (PA) comments, go to http:// The Agency’s decision regarding these
William E. Turner (VA) www.regulations.gov and/or Room exemption applications is based on the
Blaine T. Weinsensel (WI) W12–140 on the ground level of the program eligibility criteria and an
Jeffrey J. Werner (WI) West Building, 1200 New Jersey Avenue individualized assessment of
Scott Wesner (WI) SE, Washington, DC, between 9 a.m. and information submitted by each
5 p.m., e.t., Monday through Friday, applicant. The qualifications,
The following four applicants do not
except Federal holidays. experience, and medical condition of
meet the minimum time requirement for
a stable anti-seizure medication dosage: Privacy Act: In accordance with 5 each applicant were stated and
U.S.C. 553(c), DOT solicits comments discussed in detail in the June 18, 2018,
Steven L. Amell, Sr. (VT) from the public to better inform its
Thomas H. Lee (VA) Federal Register notice (83 FR 28310)
rulemaking process. DOT posts these and will not be repeated in this notice.
Gregory Long (CT) comments, without edit, including any
Christopher Phillips (PA) These 53 applicants have had ITDM
personal information the commenter over a range of 1 to 34 years. These
Issued on: August 8, 2018. provides, to http://www.regulations.gov, applicants report no severe
Larry W. Minor, as described in the system of records hypoglycemic reactions resulting in loss
Associate Administrator for Policy. notice (DOT/ALL–14 FDMS), which can of consciousness or seizure, requiring
[FR Doc. 2018–17565 Filed 8–14–18; 8:45 am] be reviewed at http://www.dot.gov/ the assistance of another person, or
BILLING CODE 4910–EX–P privacy. resulting in impaired cognitive function
II. Background that occurred without warning
symptoms, in the past 12 months and no
DEPARTMENT OF TRANSPORTATION On June 18, 2018, FMCSA published recurrent (two or more) severe
a notice announcing receipt of hypoglycemic episodes in the past five
Federal Motor Carrier Safety applications from 53 individuals years. In each case, an endocrinologist
Administration requesting an exemption from diabetes verified that the driver has
[Docket No. FMCSA–2018–0031] requirement in 49 CFR 391.41(b)(3) and demonstrated a willingness to properly
requested comments from the public (83 monitor and manage his/her diabetes
Qualification of Drivers; Exemption FR 28310). The public comment period mellitus, received education related to
Applications; Diabetes Mellitus ended on July 18, 2018, and two diabetes management, and is on a stable
comments were received. insulin regimen. These drivers report no
AGENCY: Federal Motor Carrier Safety FMCSA has evaluated the eligibility other disqualifying conditions,
Administration (FMCSA), DOT. of these applicants and determined that including diabetes related
ACTION: Notice of final disposition. granting the exemptions to these complications. Each meets the vision
individuals would achieve a level of requirement at 49 CFR 391.41(b)(10).
SUMMARY: FMCSA announces its safety equivalent to or greater than the
decision to exempt 53 individuals from Consequently, FMCSA finds that in
level that would be achieved by each case exempting these applicants
the prohibition in the Federal Motor complying with the current regulation
Carrier Safety Regulations (FMCSRs) from the diabetes requirement in 49 CFR
49 CFR 391.41(b)(3). 391.41(b)(3) is likely to achieve a level
against persons with insulin-treated The physical qualification standard
diabetes mellitus (ITDM) from operating of safety equal to that existing without
for drivers regarding diabetes found in the exemption.
a commercial motor vehicle (CMV) in 49 CFR 391.41(b)(3) states that a person
interstate commerce. The exemptions is physically qualified to drive a CMV V. Conditions and Requirements
enable these individuals with ITDM to if that person has no established The terms and conditions of the
operate CMVs in interstate commerce. medical history or clinical diagnosis of exemption are provided to the
DATES: The exemptions were applicable diabetes mellitus currently requiring applicants in the exemption document
on July 19, 2018. The exemptions expire insulin for control. and includes the following: (1) Each
on July 19, 2020. driver must submit a quarterly
FOR FURTHER INFORMATION CONTACT: Ms.
III. Discussion of Comments monitoring checklist completed by the
daltland on DSKBBV9HB2PROD with NOTICES

Christine A. Hydock, Chief, Medical FMCSA received two comments in treating endocrinologist as well as an
Programs Division, (202) 366–4001, this proceeding. Vicky Johnson from the annual checklist with a comprehensive
fmcsamedical@dot.gov, FMCSA, Minnesota Department of Public Safety medical evaluation; (2) each driver must
Department of Transportation, 1200 stated that Minnesota has no objections report within two business days of
New Jersey Avenue SE, Room W64–224, to granting diabetes exemptions to occurrence, all episodes of severe
Washington, DC 20590–0001. Office Bobby R. Isaacson, and Heath A. hypoglycemia, significant
hours are from 8:30 a.m. to 5 p.m., e.t., Woodiwiss. complications, or inability to manage

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Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices 40631

diabetes; also, any involvement in an Blake T. Pinkston (IN) Department of Transportation, 1200
accident or any other adverse event in Dustin C. Riley (NY) New Jersey Avenue SE, Room W64–224,
a CMV or personal vehicle, whether or Wes D. Rodrigue (NH) Washington, DC 20590–0001. Office
not it is related to an episode of Jonathan C. Shultz (IA) hours are from 8:30 a.m. to 5 p.m., e.t.,
hypoglycemia; (3) each driver must Michael P. Scott (SC) Monday through Friday, except Federal
provide a copy of the ophthalmologist’s Patrick E. Sevier (IA) holidays. If you have questions
or optometrist’s report to the Medical Keith O. Shaw, Sr. (IL) regarding viewing or submitting
Examiner at the time of the annual Rosalie A. Silva (CA) material to the docket, contact Docket
medical examination; and (4) each James R. Sizemore (VA) Services, telephone (202) 366–9826.
driver must provide a copy of the David A. Stedford (CT) SUPPLEMENTARY INFORMATION:
annual medical certification to the Geraldine St-Germain (NJ)
Theodore F. Stuard II (IN) I. Electronic Access
employer for retention in the driver’s
qualification file, or keeping a copy in Richard J. Taylor (IL) You may see all the comments online
his/her driver’s qualification file if he/ Chris A. Voelker (IA) through the Federal Document
she is self-employed. The driver must Benjamin B. Webb (NC) Management System (FDMS) at: http://
also have a copy of the exemption when Donnie E. Winters (MS) www.regulations.gov.
driving, for presentation to a duly Heath A. Woodiwiss (MN) Docket: For access to the docket to
authorized Federal, State, or local Anthony K. Zelinsky (NJ) read background documents or
enforcement official. In accordance with 49 U.S.C. 31136(e) comments, go to http://
and 31315, each exemption will be valid www.regulations.gov and/or Room
VI. Preemption for two years from the effective date W12–140 on the ground level of the
During the period the exemption is in unless revoked earlier by FMCSA. The West Building, 1200 New Jersey Avenue
effect, no State shall enforce any law or exemption will be revoked if the SE, Washington, DC, between 9 a.m. and
regulation that conflicts with this following occurs: (1) The person fails to 5 p.m., e.t., Monday through Friday,
exemption with respect to a person comply with the terms and conditions except Federal holidays.
operating under the exemption. of the exemption; (2) the exemption has Privacy Act: In accordance with 5
resulted in a lower level of safety than U.S.C. 553(c), DOT solicits comments
VII. Conclusion was maintained prior to being granted; from the public to better inform its
Based upon its evaluation of the 53 or (3) continuation of the exemption rulemaking process. DOT posts these
exemption applications, FMCSA would not be consistent with the goals comments, without edit, including any
exempts the following drivers from the and objectives of 49 U.S.C. 31136(e) and personal information the commenter
diabetes requirement in 49 CFR 31315. provides, to http://www.regulations.gov,
391.41(b)(10), subject to the as described in the system of records
Issued on: August 8, 2018.
requirements cited above: notice (DOT/ALL–14 FDMS), which can
Larry W. Minor, be reviewed at http://www.dot.gov/
Jason M. Abbott (OH) Associate Administrator for Policy.
Casey L. Alt (CO) privacy.
[FR Doc. 2018–17592 Filed 8–14–18; 8:45 am]
Joseph E. Beach (OH) II. Background
BILLING CODE 4910–EX–P
Eli A. Berkowitz (NJ)
Todd O. Blackwell (ID) On May 29, 2018 FMCSA published
Joel H. Blancett, Jr. (NM) a notice announcing receipt of
Robert H. Blowers (OH) DEPARTMENT OF TRANSPORTATION applications from 30 individuals
David R. Booth (CT) requesting an exemption from the
Federal Motor Carrier Safety hearing requirement in 49 CFR
Travis W. Bradford (KY) Administration
Darrel L. Burke (SD) 391.41(b)(11) to operate a CMV in
Bryan D. Cash (MI) [Docket No. FMCSA–2017–0060] interstate commerce and requested
Marty A. Collins (OK) comments from the public (83 FR
Gino R. Couch (IN) Qualification of Drivers; Exemption 24552). The public comment period
James D. Denison (IA) Applications; Hearing ended on June 28, 2018, and one
David L. Derossett, Jr. (IN) comment was received.
AGENCY: Federal Motor Carrier Safety FMCSA has evaluated the eligibility
John L. Enterkin (IN) Administration (FMCSA), DOT.
William H. Ervin (NC) of these applicants and determined that
ACTION: Notice of final disposition. granting exemptions to these
Scot A. Etgen (OH)
Zachary D. Fairbanks (OH) individuals would achieve a level of
SUMMARY: FMCSA announces its safety equivalent to or greater than the
Ward W. Genzel (MT) decision to exempt 30 individuals from
Kasey D. Green (CA) level that would be achieved by
the hearing requirement in the Federal complying with the current regulation
Justin A. Hamic (AL) Motor Carrier Safety Regulations
Philip F. Headington (IA) 49 CFR 391.41(b)(11).
(FMCSRs) to operate a commercial The physical qualification standard
Jason A. Hendrickson (WA) motor vehicle (CMV) in interstate
Bobby R. Isaacson (MN) for drivers regarding hearing found in
commerce. The exemptions enable these 49 CFR 391.41(b)(11) states that a
John W. Johnson (FL)
hard of hearing and deaf individuals to person is physically qualified to drive a
Douglas E. Kanesky, Jr. (AZ)
operate CMVs in interstate commerce. CMV if that person first perceives a
William D. Kincaid, Jr. (MA)
daltland on DSKBBV9HB2PROD with NOTICES

David W. Koch (PA) DATES: The exemptions were applicable forced whispered voice in the better ear
Christopher N. Lacy (WV) on June 30, 2018. The exemptions at not less than 5 feet with or without
John G. Lopez (TX) expire on June 30, 2020. the use of a hearing aid or, if tested by
David E. Marvin (IA) FOR FURTHER INFORMATION CONTACT: Ms. use of an audiometric device, does not
Bruce R. McDaniel (OK) Christine A. Hydock, Chief, Medical have an average hearing loss in the
Edward A. Oikemus, Jr. (MD) Programs Division, (202) 366–4001, better ear greater than 40 decibels at 500
Tony L. Pennywell (FL) fmcsamedical@dot.gov, FMCSA, Hz, 1,000 Hz, and 2,000 Hz with or

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Document Created: 2018-08-15 01:27:06
Document Modified: 2018-08-15 01:27:06

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 July 19, 2018. The exemptions expire on July 19, 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 40630

83 FR 40630 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 158 (August 15, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration