83 FR 40641 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 158 (August 15, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 158 (August 15, 2018)
| Page Range | 40641-40642 | |
| FR Document | 2018-17593 |
[Federal Register Volume 83, Number 158 (Wednesday, August 15, 2018)] [Notices] [Pages 40641-40642] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-17593] [[Page 40641]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA-2018-0026] 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 June 29, 2018. The exemptions expire on June 29, 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 May 29, 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 24555). The public comment period ended on June 28, 2018, and three 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 three comments in this proceeding. Vicky Johnson from the Minnesota Department of Public Safety stated that Minnesota has no objections in granting a diabetic exemption to Jeff F. Kress. Michael Sommer submitted a comment asking what forms he needs to send in to be granted a medical waiver. Information regarding all medical exemptions is available on the FMCSA website at https://www.fmcsa.dot.gov/medical/driver-medical-requirements/driver-exemption-programs. An anonymous commenter stated that they agree with the renewal of the 53 individual exemptions listed in the Federal Register. The commenter stated that they feel the guidelines are strict enough to allow individuals with ITDM to drive. They also stated that they did not see in the Handbook that these drivers are required to have a snack, glucometer, or insulin on person while driving. At this time, there is no official FMCSA Medical Examiner's Handbook. The handbook was removed from the FMCSA website in 2015 because the content is not in line with the current regulations and therefore is not endorsed by the Agency for use. However, the current exemption document provides to the driver written requirements for the driver to maintain appropriate medical supplies for glucose management while preparing for the operation of a CMV and during its operation. It explains that the supplies shall include a digital glucose monitor with computerized memory, supplies needed to obtain adequate blood samples and measure blood glucose, insulin, and an amount of rapidly absorbable glucose to be used as necessary. 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 May 29, 2018, Federal Register notice (83 FR 24555) and will not be repeated in this notice. These 53 applicants have had ITDM over a range of 1 to 48 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 [[Page 40642]] 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 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: Gary M. Athanas (OR) Gary R. Babcock (CT) Jennifer L. Baker (NC) Lesley L. Beasley (AL) Theresa J. Blackman (IN) Jeffrey D. Boutin (GA) Douglas P. Chretien (LA) Eugene V. Cost (ND) James R. Crump (VA) James G. Cucinotta (ME) Bryan S. Davis (VA) Jeremy C. Durand (NY) Connie S. Erwin (TN) Brendan T Farnam (MA) Randall S. Feldt (IA) Travis E. Forrest (PA) Robert R. Frost (PA) Alexander A. Hegyi (NJ) Sergio Hernandez (IL) Scotty A. Hill (NC) Billie Hinton (NY) Arild Johansen (ND) Kaleb N. Jones (IL) Reginald Jones (NC) Kevin R. Kerrigan (MI) William R. Koepplin (ND) Jeff F. Kress (MN) Eric J. Kuster (IA) Michael P. Labrosse (NY) Michael J. Mason (GA) Chad W. Moore (MO) Walter N. Morphew, Jr. (IN) Edward C. Mulvenna, Jr. (NJ) Jeffrey C. Olson (SD) Robin L. Phillips (PA) Roosevelt Price (MS) William P. Raben (AL) Dennis B. Segel (WA) Daniel A. Slattery (IN) Mathew C. Smart (TX) Jeffrey J. Smith (VA) Charles D. Smith, Jr. (IN) Patrick J. Snell (IA) Rodney M. Stephens (PA) Robert A. Swasey, Jr. (ME) Kevin R. Terpstra (IL) Richard D. Thompson (NY) William D. Thull (IL) Billy J. Thurnall (IN) John T. Tuck, Jr. (NJ) Roy D. Wendte (IL) Bailey Westgate (ID) Walter L. Williams (AR) 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 9, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-17593 Filed 8-14-18; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices 40641
DEPARTMENT OF TRANSPORTATION II. Background supplies needed to obtain adequate
On May 29, 2018, FMCSA published blood samples and measure blood
Federal Motor Carrier Safety glucose, insulin, and an amount of
a notice announcing receipt of
Administration rapidly absorbable glucose to be used as
applications from 53 individuals
requesting an exemption from diabetes necessary.
[FMCSA Docket No. FMCSA–2018–0026] requirement in 49 CFR 391.41(b)(3) and IV. Basis for Exemption Determination
requested comments from the public (83 Under 49 U.S.C. 31136(e) and 31315,
Qualification of Drivers; Exemption FR 24555). The public comment period
Applications; Diabetes Mellitus FMCSA may grant an exemption from
ended on June 28, 2018, and three the diabetes standard in 49 CFR
AGENCY: Federal Motor Carrier Safety comments were received. 391.41(b)(3) if the exemption is likely to
Administration (FMCSA), DOT. FMCSA has evaluated the eligibility achieve an equivalent or greater level of
of these applicants and determined that safety than would be achieved without
ACTION: Notice of final disposition. granting the exemptions to these the exemption. The exemption allows
individuals would achieve a level of the applicants to operate CMVs in
SUMMARY: FMCSA announces its
safety equivalent to or greater than the interstate commerce.
decision to exempt 53 individuals from
level that would be achieved by The Agency’s decision regarding these
the prohibition in the Federal Motor
complying with the current regulation exemption applications is based on the
Carrier Safety Regulations (FMCSRs)
49 CFR 391.41(b)(3). program eligibility criteria and an
against persons with insulin-treated The physical qualification standard
diabetes mellitus (ITDM) from operating individualized assessment of
for drivers regarding diabetes found in information submitted by each
a commercial motor vehicle (CMV) in 49 CFR 391.41(b)(3) states that a person
interstate commerce. The exemptions applicant. The qualifications,
is physically qualified to drive a CMV experience, and medical condition of
enable these individuals with ITDM to if that person has no established
operate CMVs in interstate commerce. each applicant were stated and
medical history or clinical diagnosis of discussed in detail in the May 29, 2018,
DATES: The exemptions were applicable diabetes mellitus currently requiring Federal Register notice (83 FR 24555)
on June 29, 2018. The exemptions insulin for control. and will not be repeated in this notice.
expire on June 29, 2020. These 53 applicants have had ITDM
III. Discussion of Comments
FOR FURTHER INFORMATION CONTACT: Ms. over a range of 1 to 48 years. These
Christine A. Hydock, Chief, Medical FMCSA received three comments in applicants report no severe
Programs Division, (202) 366–4001, this proceeding. Vicky Johnson from the hypoglycemic reactions resulting in loss
fmcsamedical@dot.gov, FMCSA, Minnesota Department of Public Safety of consciousness or seizure, requiring
Department of Transportation, 1200 stated that Minnesota has no objections the assistance of another person, or
New Jersey Avenue SE, Room W64–224, in granting a diabetic exemption to Jeff resulting in impaired cognitive function
Washington, DC 20590–0001. Office F. Kress. that occurred without warning
hours are from 8:30 a.m. to 5 p.m., e.t., Michael Sommer submitted a symptoms, in the past 12 months and no
Monday through Friday, except Federal comment asking what forms he needs to recurrent (two or more) severe
holidays. If you have questions send in to be granted a medical waiver. hypoglycemic episodes in the past five
regarding viewing or submitting Information regarding all medical years. In each case, an endocrinologist
material to the docket, contact Docket exemptions is available on the FMCSA verified that the driver has
Services, telephone (202) 366–9826. website at https://www.fmcsa.dot.gov/ demonstrated a willingness to properly
medical/driver-medical-requirements/ monitor and manage his/her diabetes
SUPPLEMENTARY INFORMATION: driver-exemption-programs. mellitus, received education related to
I. Electronic Access An anonymous commenter stated that diabetes management, and is on a stable
they agree with the renewal of the 53 insulin regimen. These drivers report no
You may see all the comments online individual exemptions listed in the other disqualifying conditions,
through the Federal Document Federal Register. The commenter stated including diabetes related
Management System (FDMS) at: http:// that they feel the guidelines are strict complications. Each meets the vision
www.regulations.gov. enough to allow individuals with ITDM requirement at 49 CFR 391.41(b)(10).
Docket: For access to the docket to to drive. They also stated that they did Consequently, FMCSA finds that in
read background documents or not see in the Handbook that these each case exempting these applicants
comments, go to http:// drivers are required to have a snack, from the diabetes requirement in 49 CFR
www.regulations.gov and/or Room glucometer, or insulin on person while 391.41(b)(3) is likely to achieve a level
W12–140 on the ground level of the driving. At this time, there is no official of safety equal to that existing without
West Building, 1200 New Jersey Avenue FMCSA Medical Examiner’s Handbook. the exemption.
SE, Washington, DC, between 9 a.m. and The handbook was removed from the
5 p.m., e.t., Monday through Friday, FMCSA website in 2015 because the V. Conditions and Requirements
except Federal holidays. content is not in line with the current The terms and conditions of the
Privacy Act: In accordance with 5 regulations and therefore is not exemption are provided to the
U.S.C. 553(c), DOT solicits comments endorsed by the Agency for use. applicants in the exemption document
from the public to better inform its However, the current exemption and includes the following: (1) Each
rulemaking process. DOT posts these document provides to the driver written driver must submit a quarterly
daltland on DSKBBV9HB2PROD with NOTICES
comments, without edit, including any requirements for the driver to maintain monitoring checklist completed by the
personal information the commenter appropriate medical supplies for treating endocrinologist as well as an
provides, to http://www.regulations.gov, glucose management while preparing annual checklist with a comprehensive
as described in the system of records for the operation of a CMV and during medical evaluation; (2) each driver must
notice (DOT/ALL–14 FDMS), which can its operation. It explains that the report within two business days of
be reviewed at http://www.dot.gov/ supplies shall include a digital glucose occurrence, all episodes of severe
privacy. monitor with computerized memory, hypoglycemia, significant
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![40642 Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices
complications, or inability to manage Jeffrey C. Olson (SD) ADDRESSES: You may submit comments
diabetes; also, any involvement in an Robin L. Phillips (PA) bearing the Federal Docket Management
accident or any other adverse event in Roosevelt Price (MS) System (FDMS) Docket No. FMCSA–
a CMV or personal vehicle, whether or William P. Raben (AL) 2018–0202 using any of the following
not it is related to an episode of Dennis B. Segel (WA) methods:
hypoglycemia; (3) each driver must Daniel A. Slattery (IN) • Federal eRulemaking Portal: Go to
provide a copy of the ophthalmologist’s Mathew C. Smart (TX) http://www.regulations.gov. Follow the
or optometrist’s report to the Medical Jeffrey J. Smith (VA) online instructions for submitting
Examiner at the time of the annual Charles D. Smith, Jr. (IN) comments.
medical examination; and (4) each Patrick J. Snell (IA) • Mail: Docket Management Facility;
driver must provide a copy of the Rodney M. Stephens (PA) U.S. Department of Transportation, 1200
annual medical certification to the Robert A. Swasey, Jr. (ME) New Jersey Avenue SE, West Building
employer for retention in the driver’s Kevin R. Terpstra (IL) Ground Floor, Room W12–140,
qualification file, or keeping a copy in Richard D. Thompson (NY) Washington, DC 20590–0001.
his/her driver’s qualification file if he/ William D. Thull (IL) • Hand Delivery: West Building
she is self-employed. The driver must Billy J. Thurnall (IN) Ground Floor, Room W12–140, 1200
also have a copy of the exemption when John T. Tuck, Jr. (NJ) New Jersey Avenue SE, Washington,
driving, for presentation to a duly Roy D. Wendte (IL) DC, between 9 a.m. and 5 p.m., e.t.,
authorized Federal, State, or local Bailey Westgate (ID) Monday through Friday, except Federal
enforcement official. Walter L. Williams (AR) Holidays.
In accordance with 49 U.S.C. 31136(e) • Fax: 1–202–493–2251.
VI. Preemption and 31315, each exemption will be valid Instructions: Each submission must
During the period the exemption is in for two years from the effective date include the Agency name and the
effect, no State shall enforce any law or unless revoked earlier by FMCSA. The docket number(s) for this notice. Note
regulation that conflicts with this exemption will be revoked if the that all comments received will be
exemption with respect to a person following occurs: (1) The person fails to posted without change to http://
operating under the exemption. comply with the terms and conditions www.regulations.gov, including any
of the exemption; (2) the exemption has personal information provided. Please
VII. Conclusion
resulted in a lower level of safety than see the Privacy Act heading below for
Based upon its evaluation of the 53 was maintained prior to being granted; further information.
exemption applications, FMCSA or (3) continuation of the exemption Docket: For access to the docket to
exempts the following drivers from the would not be consistent with the goals read background documents or
diabetes requirement in 49 CFR and objectives of 49 U.S.C. 31136(e) and comments, go to http://
391.41(b)(10), subject to the 31315. www.regulations.gov at any time or
requirements cited above: Issued on: August 9, 2018.
Room W12–140 on the ground level of
Gary M. Athanas (OR) the West Building, 1200 New Jersey
Larry W. Minor,
Gary R. Babcock (CT) Avenue SE, Washington, DC, between 9
Associate Administrator for Policy. a.m. and 5 p.m., e.t., Monday through
Jennifer L. Baker (NC) [FR Doc. 2018–17593 Filed 8–14–18; 8:45 am]
Lesley L. Beasley (AL) Friday, except Federal holidays. The
Theresa J. Blackman (IN)
BILLING CODE 4910–EX–P FDMS is available 24 hours each day
Jeffrey D. Boutin (GA) e.t., 365 days each year. If you want
Douglas P. Chretien (LA) acknowledgment that we received your
DEPARTMENT OF TRANSPORTATION comments, please include a self-
Eugene V. Cost (ND)
James R. Crump (VA) Federal Motor Carrier Safety addressed, stamped envelope or
James G. Cucinotta (ME) Administration postcard or print the acknowledgement
Bryan S. Davis (VA) page that appears after submitting
[Docket No. FMCSA–2018–0202] comments online.
Jeremy C. Durand (NY)
Connie S. Erwin (TN) Privacy Act: In accordance with 5
Qualification of Drivers; Exemption U.S.C. 553(c), DOT solicits comments
Brendan T Farnam (MA) Applications; Diabetes Mellitus
Randall S. Feldt (IA) from the public to better inform its
Travis E. Forrest (PA) AGENCY: Federal Motor Carrier Safety rulemaking process. DOT posts these
Robert R. Frost (PA) Administration (FMCSA), DOT. comments, without edit, including any
Alexander A. Hegyi (NJ) personal information the commenter
ACTION: Notice of applications for
Sergio Hernandez (IL) provides, to http://www.regulations.gov,
exemption; request for comments.
Scotty A. Hill (NC) as described in the system of records
Billie Hinton (NY) SUMMARY: FMCSA announces receipt of notice (DOT/ALL–14 FDMS), which can
Arild Johansen (ND) applications from 39 individuals for an be reviewed at http://www.dot.gov/
Kaleb N. Jones (IL) exemption from the prohibition in the privacy.
Reginald Jones (NC) Federal Motor Carrier Safety FOR FURTHER INFORMATION CONTACT: Ms.
Kevin R. Kerrigan (MI) Regulations (FMCSRs) against persons Christine A. Hydock, Chief, Medical
William R. Koepplin (ND) with insulin-treated diabetes mellitus Programs Division, (202) 366–4001,
daltland on DSKBBV9HB2PROD with NOTICES
Jeff F. Kress (MN) (ITDM) operating a commercial motor fmcsamedical@dot.gov, FMCSA,
Eric J. Kuster (IA) vehicle (CMV) in interstate commerce. If Department of Transportation, 1200
Michael P. Labrosse (NY) granted, the exemptions would enable New Jersey Avenue SE, Room W64–224,
Michael J. Mason (GA) these individuals with ITDM to operate Washington, DC 20590–0001. Office
Chad W. Moore (MO) CMVs in interstate commerce. hours are 8:30 a.m. to 5 p.m., e.t.,
Walter N. Morphew, Jr. (IN) DATES: Comments must be received on Monday through Friday, except Federal
Edward C. Mulvenna, Jr. (NJ) or before September 14, 2018. holidays. If you have questions
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Document Created: 2018-08-15 01:26:14
Document Modified: 2018-08-15 01:26:14
| 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 June 29, 2018. The exemptions expire on June 29, 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 40641 |
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