83 FR 53738 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

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

Page Range		53738-53740
FR Document		2018-23231

FMCSA announces its decision to exempt 54 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 206 (Wednesday, October 24, 2018)

[Federal Register Volume 83, Number 206 (Wednesday, October 24, 2018)]
[Notices]
[Pages 53738-53740]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-23231]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2018-0032]


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 54 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 August 17, 2018. The 
exemptions expire on August 17, 2020.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
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-2018-0032, 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.

[[Page 53739]]

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 July 17, 2018, FMCSA published a notice announcing receipt of 
applications from 53 individuals requesting an exemption from the 
insulin-treated diabetes mellitus prohibition in 49 CFR 391.41(b)(3), 
to operate a CMV in interstate commerce and requested comments from the 
public (83 FR 27070). The public comment period ended on August 16, 
2018, and one 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 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. Alexandra Reese from 
the state of Minnesota stated that the state of Minnesota has no 
objections to granting diabetes exemptions to Benjamin J. Boeding and 
Thomas W. Markham.

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 July 17, 2018, Federal 
Register notice (83 FR 33297) and will not be repeated in this notice.
    These 54 applicants have had ITDM over a range of 1 to 46 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 53 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:

David V. Amado (CA)
Allan D. Arcand (WI)
Nickie D. Archuleta (PA)
Mathew B. Bartlett (IA)
Sean S. Bateman (NY)
Marvin E. Battle, Jr. (GA)
Gordon R. Bayles (UT)
Kirk W. Behrer (PA)
Benjamin J. Boeding (MN)
Robert A. Bowman (KY)
Michael G. Cohen (NY)
John R. Delucca (IN)
James M. Dubay (MI)
Larry I. Frizell (IA)
Gerson A. Gonzalez (NJ)
David D. Gross (PA)
Ricky A. Kirby (KY)
Dustin M. Kirkland (OH)
Scott M. Kiser (GA)
Lee E. Koehn (AL)
Wayne L. Kracht (IA)
Jeffrey L. Kramer (OH)
Brad M. Ligols (MA)
Kenneth J. Lubanski (NJ)
Thomas W. Markham (MN)
Richard T. McAtee II (OH)
John T. McEntire III (SC)
Jonathan D. Miles (IN)
Brian J. Morgan (VT)
Cecil M. Morris, Jr. (KY)
Nicholas C. O'Connor (MA)
Rowdy V. Orr (TX)
Neal J. Pangrazio (NY)
William T. Phipps, Jr. (MD)
Robert A. Pope (IA)
Micky J. Powers (MI)
Shawn K. Richardson (WA)
Joselito Rosario (MA)
Gregory L. Ryan (DE)
Howard G. Schrepp (GA)
James W. Shirk (PA)
Michael J. Simko (PA)
Roderick Q. Smith (IL)
Walter C. Snoodgrass, Jr. (IN)
Robert W. Stewart (NC)
Joseph W. Symons (MI)
Felipe D. Torres (TX)
James J. Triplett (TN)
Amos L. Trujillo (NM)
Lynda D. Vance (TN)
Christopher E. Vazquez (CT)
Michael J. Vigna (IL)
Brian P. Walsh (IA)

[[Page 53740]]

Nathan L. Watson (TX)

    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. 2018-23231 Filed 10-23-18; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 83, No. 206 / Wednesday, October 24, 2018 / Notices 53739

B. Privacy Act applicant. The qualifications, VI. Preemption
In accordance with 5 U.S.C. 553(c), experience, and medical condition of During the period the exemption is in
DOT solicits comments from the public each applicant were stated and effect, no State shall enforce any law or
to better inform its rulemaking process. discussed in detail in the July 17, 2018, regulation that conflicts with this
DOT posts these comments, without Federal Register notice (83 FR 33297) exemption with respect to a person
edit, including any personal information and will not be repeated in this notice. operating under the exemption.
the commenter provides, to These 54 applicants have had ITDM
www.regulations.gov, as described in over a range of 1 to 46 years. These VII. Conclusion
the system of records notice (DOT/ALL– applicants report no severe Based upon its evaluation of the 53
14 FDMS), which can be reviewed at hypoglycemic reactions resulting in loss exemption applications, FMCSA
www.dot.gov/privacy. of consciousness or seizure, requiring exempts the following drivers from the
the assistance of another person, or rule prohibiting drivers with ITBM from
II. Background resulting in impaired cognitive function driving CMV’s in interstate commerce in
On July 17, 2018, FMCSA published that occurred without warning 49 CFR 391.41(b)(10), subject to the
a notice announcing receipt of symptoms, in the past 12 months and no requirements cited above:
applications from 53 individuals recurrent (two or more) severe David V. Amado (CA)
requesting an exemption from the hypoglycemic episodes in the past five Allan D. Arcand (WI)
insulin-treated diabetes mellitus years. In each case, an endocrinologist Nickie D. Archuleta (PA)
prohibition in 49 CFR 391.41(b)(3), to verified that the driver has Mathew B. Bartlett (IA)
operate a CMV in interstate commerce demonstrated a willingness to properly Sean S. Bateman (NY)
and requested comments from the monitor and manage his/her diabetes Marvin E. Battle, Jr. (GA)
public (83 FR 27070). The public mellitus, received education related to Gordon R. Bayles (UT)
comment period ended on August 16, diabetes management, and is on a stable Kirk W. Behrer (PA)
2018, and one comment was received. insulin regimen. These drivers report no Benjamin J. Boeding (MN)
FMCSA has evaluated the eligibility other disqualifying conditions, Robert A. Bowman (KY)
of these applicants and determined that including diabetes related Michael G. Cohen (NY)
granting the exemptions to these complications. Each meets the vision John R. Delucca (IN)
individuals would achieve a level of requirement at 49 CFR 391.41(b)(10). James M. Dubay (MI)
safety equivalent to or greater than the Consequently, FMCSA finds that in Larry I. Frizell (IA)
level that would be achieved by each case exempting these applicants Gerson A. Gonzalez (NJ)
complying with the current regulation from the diabetes requirement in 49 CFR David D. Gross (PA)
49 CFR 391.41(b)(3). 391.41(b)(3) is likely to achieve a level Ricky A. Kirby (KY)
The physical qualification standard of safety equal to that existing without Dustin M. Kirkland (OH)
for drivers regarding diabetes found in the exemption.
49 CFR 391.41(b)(3) states that a Scott M. Kiser (GA)
person is physically qualified to drive a V. Conditions and Requirements Lee E. Koehn (AL)
CMV if that person has no established Wayne L. Kracht (IA)
The terms and conditions of the Jeffrey L. Kramer (OH)
medical history or clinical diagnosis of
exemption are provided to the Brad M. Ligols (MA)
diabetes mellitus currently requiring
applicants in the exemption document Kenneth J. Lubanski (NJ)
insulin for control.
and includes the following: (1) Each Thomas W. Markham (MN)
III. Discussion of Comments driver must submit a quarterly Richard T. McAtee II (OH)
FMCSA received one comment in this monitoring checklist completed by the John T. McEntire III (SC)
proceeding. Alexandra Reese from the treating endocrinologist as well as an Jonathan D. Miles (IN)
state of Minnesota stated that the state annual checklist with a comprehensive Brian J. Morgan (VT)
of Minnesota has no objections to medical evaluation; (2) each driver must Cecil M. Morris, Jr. (KY)
granting diabetes exemptions to report within two business days of Nicholas C. O’Connor (MA)
Benjamin J. Boeding and Thomas W. occurrence, all episodes of severe Rowdy V. Orr (TX)
Markham. hypoglycemia, significant Neal J. Pangrazio (NY)
complications, or inability to manage William T. Phipps, Jr. (MD)
IV. Basis for Exemption Determination diabetes; also, any involvement in an Robert A. Pope (IA)
Under 49 U.S.C. 31136(e) and 31315, accident or any other adverse event in Micky J. Powers (MI)
FMCSA may grant an exemption for up a CMV or personal vehicle, whether or Shawn K. Richardson (WA)
to five years from the diabetes standard not it is related to an episode of Joselito Rosario (MA)
in 49 CFR 391.41(b)(3) if the exemption hypoglycemia; (3) each driver must Gregory L. Ryan (DE)
is likely to achieve an equivalent or provide a copy of the ophthalmologist’s Howard G. Schrepp (GA)
greater level of safety than would be or optometrist’s report to the Medical James W. Shirk (PA)
achieved without the exemption. The Examiner at the time of the annual Michael J. Simko (PA)
exemption allows the applicants to medical examination; and (4) each Roderick Q. Smith (IL)
operate CMVs in interstate commerce. driver must provide a copy of the Walter C. Snoodgrass, Jr. (IN)
FMCSA grants exemptions from the annual medical certification to the Robert W. Stewart (NC)
FMCSRs for a two-year period to align employer for retention in the driver’s Joseph W. Symons (MI)
amozie on DSK3GDR082PROD with NOTICES1

with the maximum duration of a qualification file, or keeping a copy in Felipe D. Torres (TX)
driver’s medical certification. his/her driver’s qualification file if he/ James J. Triplett (TN)
The Agency’s decision regarding these she is self-employed. The driver must Amos L. Trujillo (NM)
exemption applications is based on the also have a copy of the exemption when Lynda D. Vance (TN)
program eligibility criteria and an driving, for presentation to a duly Christopher E. Vazquez (CT)
individualized assessment of authorized Federal, State, or local Michael J. Vigna (IL)
information submitted by each enforcement official. Brian P. Walsh (IA)

VerDate Sep<11>2014 17:43 Oct 23, 2018 Jkt 247001 PO 00000 Frm 00136 Fmt 4703 Sfmt 4703 E:\FR\FM\24OCN1.SGM 24OCN1

Document Created: 2018-10-24 00:26:08
Document Modified: 2018-10-24 00:26:08

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 August 17, 2018. The exemptions expire on August 17, 2020.
Contact		Ms. Christine A. Hydock, Chief, 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.
FR Citation		83 FR 53738

83 FR 53738 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

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

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration