83 FR 53734 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 206 (October 24, 2018)

FMCSA announces its decision to exempt 41 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, Number 206 (Wednesday, October 24, 2018)]
[Notices]
[Pages 53734-53735]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-23228]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2018-0030]


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 41 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 12, 2018. The exemptions 
expire on July 12, 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., 
ET, 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. Public Participation

A. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice 
as being available in the docket, go to http://www.regulations.gov. 
Insert the docket number, FMCSA-2018-0030, in the keyword box, and 
click ``Search.'' Next, click the ``Open Docket Folder'' button and 
choose the document to review. If you do not have access to the 
internet, you may view the docket online by visiting the Docket 
Management Facility in Room W12-140 on the ground floor of the DOT West 
Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 
a.m. and 5 p.m., ET., Monday through Friday, except Federal holidays.

B. 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 www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

II. Background

    On June 11, 2018, FMCSA published a notice announcing receipt of 
applications from 41 individuals requesting an exemption from diabetes 
requirement in 49 CFR 391.41(b)(3) and requested comments from the 
public (83 FR 27070). The public comment period ended on July 11, 2018, 
and 1 comment was received.
    FMCSA has evaluated the eligibility of these applicants and 
determined that granting the exemptions to these individuals would 
achieve a level of safety equivalent to or greater than the level that 
would be achieved by

[[Page 53735]]

complying with the current regulation 49 CFR 391.41(b)(3).
    The physical qualification standard for drivers regarding diabetes 
found in 49 CFR 391.41(b)(3) states that a person is physically 
qualified to drive a CMV if that person has no established medical 
history or clinical diagnosis of diabetes mellitus currently requiring 
insulin for control.

III. Discussion of Comments

    FMCSA received one comment in this proceeding. Vicky Johnson 
submitted a comment regarding John A. Larson and Christopher A. 
Marquette, indicating that the Minnesota Department of Public Safety 
(MN DPS) has no objections to either driver being granted a Federal 
diabetes exemption. Ms. Johnson notes that neither Mr. Larson nor Mr. 
Marquette has provided a medical certificate or waiver/exemption to MN 
DPS. Neither driver had been granted a Federal diabetes exemption until 
the date previously stated in this notice and would have been unable to 
provide a Federal diabetes exemption prior to the date that the 
exemptions were applicable.

IV. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
for up to five years 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. FMCSA 
grants exemptions from the FMCSRs for a two-year period to align with 
the maximum duration of a driver's medical certification.
    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 11, 2018, Federal 
Register notice, (83 FR 27070) and will not be repeated in this notice.
    These 41 applicants have had ITDM over a range of 1 to 26 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 41 exemption applications, FMCSA 
exempts the following drivers from the rule prohibiting drivers with 
ITBM from driving CMV's in interstate commerce in 49 CFR 391.41(b)(10), 
subject to the requirements cited above:

Gerardo Arredondo (TX)
Ammar H. Atieh (NJ)
Robert P. Baker, Jr. (IN)
Jose A. Barron (TX)
Michael D. Cash (NY)
Travis A. Chandler (TN)
Curtis D. Dement (ND)
Mark A. Duncan (KS)
Hugh J. Gallagher (IN)
Charles Gant (PA)
Gary D. Gudeman (IN)
Richard D. Hawkins (IN)
Michael A. Hayes (NC)
Brent M. Howard (IA)
Herbert O. Jenkins (KY)
Scott A. Kiel (ND)
Barry T. Koch (PA)
Jose Lares (AZ)
John A. Larson (MN)
Brian T. Lewis (CA)
Mark J. Longtin (SD)
Christopher A. Marquette (MN)
Kasey J. Martin (IN)
David A. Martin (IL)
Ryan J. Matthews (OH)
Gion H. Mersha (IA)
Phillip A. Nass (WI)
Frank T. Piper, Jr. (CT)
James P. Renaud (NH)
Charles D. Robison (IA)
Michael A. Roosa (MA)
Alan Sang (FL)
James M. Sanicola (WI)
Michael J. Torrez (WI)
Gerard N. Tremblay, Jr. (MA)
John H. Turner (GA)
Marcus D. Wade (IL)
James A. White (LA)
Theodore M. Wicks (WY)
Raymond L. Williamson (IL)
Steve B. Winger (MT)

    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: October 15, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-23228 Filed 10-23-18; 8:45 am]
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