83 FR 6700 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 31 (February 14, 2018)

Page Range		6700-6701
FR Document		2018-03046

FMCSA announces its decision to exempt 27 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 31 (Wednesday, February 14, 2018)

[Federal Register Volume 83, Number 31 (Wednesday, February 14, 2018)]
[Notices]
[Pages 6700-6701]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03046]



[[Page 6700]]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2017-0235]


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 27 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 January 11, 2018. The 
exemptions expire on January 11, 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 December 11, 2017, FMCSA published a notice announcing receipt 
of applications from 27 individuals requesting an exemption from 
diabetes requirement in 49 CFR 391.41(b)(3) and requested comments from 
the public (82 FR 58253). The public comment period ended on January 
10, 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. Vicky Johnson stated 
that Minnesota Department of Public Safety is in favor of granting 
exemptions to the following Minnesota drivers: Guy K. Paquette and 
Joseph M. Pellish, Jr.

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 December 11, 2017, Federal 
Register notice (82 FR 58253) and will not be repeated in this notice.
    These 27 applicants have had ITDM over a range of one to 31 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 27 exemption applications, FMCSA 
exempts the following drivers from the diabetes requirement in 49 CFR 
391.41(b)(10), subject to the requirements cited above:

Larry L. Alirez (NM)
Samuel L. Boothe (MO)
Edward C. Carlson (MA)

[[Page 6701]]

Andrew W. Carstens (IN)
Timothy R. Conaway (DE)
Ronald E. Cope, Sr. (TN)
Jeffrey Dockhorn (NJ)
Elias O. Eniade (MO)
Michael L. Evans (IN)
Billy E. Hickman, Jr. (MO)
Lejuan K. Holmes (TX)
Roy J. McDonald (NY)
Michael D. Mook (IA)
Nathon J. Owens (IN)
Guy K. Paquette (MN)
Robert C. Payne (VA)
Lyle S. Pearson (IL)
Joseph M. Pellish, Jr. (MN)
Daniel R. Plecki (IL)
Victor H. Pulgarin-Gomez (NJ)
Stephen D. Reintsma (IA)
Charles W. Wakefield (MS)
John L. Whitehead, Jr. (TN)
Keith L. Wilson (WI)
Adam J. Writz (ID)
Rave Y. Yarron (MD)
Willie C. Young (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: February 7, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-03046 Filed 2-13-18; 8:45 am]
 BILLING CODE 4910-EX-P

6700 Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices

DEPARTMENT OF TRANSPORTATION II. Background years. In each case, an endocrinologist
On December 11, 2017, FMCSA verified that the driver has
Federal Motor Carrier Safety demonstrated a willingness to properly
published a notice announcing receipt
Administration monitor and manage his/her diabetes
of applications from 27 individuals
requesting an exemption from diabetes mellitus, received education related to
[Docket No. FMCSA–2017–0235] diabetes management, and is on a stable
requirement in 49 CFR 391.41(b)(3) and
insulin regimen. These drivers report no
requested comments from the public (82
Qualification of Drivers; Exemption other disqualifying conditions,
FR 58253). The public comment period
Applications; Diabetes Mellitus including diabetes related
ended on January 10, 2018, and one
complications. Each meets the vision
AGENCY: Federal Motor Carrier Safety comment was received.
requirement at 49 CFR 391.41(b)(10).
Administration (FMCSA), DOT. FMCSA has evaluated the eligibility Consequently, FMCSA finds that in
of these applicants and determined that each case exempting these applicants
ACTION: Notice of final disposition.
granting the exemptions to these from the diabetes requirement in 49 CFR
individuals would achieve a level of 391.41(b)(3) is likely to achieve a level
SUMMARY: FMCSA announces its
safety equivalent to or greater than the of safety equal to that existing without
decision to exempt 27 individuals from
level that would be achieved by the exemption.
the prohibition in the Federal Motor
complying with the current regulation
Carrier Safety Regulations (FMCSRs) V. Conditions and Requirements
49 CFR 391.41(b)(3).
against persons with insulin-treated
The physical qualification standard The terms and conditions of the
diabetes mellitus (ITDM) from operating
for drivers regarding diabetes found in exemption are provided to the
a commercial motor vehicle (CMV) in
49 CFR 391.41(b)(3) states that a person applicants in the exemption document
interstate commerce. The exemptions
is physically qualified to drive a CMV and includes the following: (1) Each
enable these individuals with ITDM to
if that person has no established driver must submit a quarterly
operate CMVs in interstate commerce.
medical history or clinical diagnosis of monitoring checklist completed by the
DATES: The exemptions were applicable diabetes mellitus currently requiring treating endocrinologist as well as an
on January 11, 2018. The exemptions insulin for control. annual checklist with a comprehensive
expire on January 11, 2020. medical evaluation; (2) each driver must
III. Discussion of Comments
FOR FURTHER INFORMATION CONTACT: Ms. report within two business days of
Christine A. Hydock, Chief, Medical FMCSA received one comment in this occurrence, all episodes of severe
Programs Division, (202) 366–4001, proceeding. Vicky Johnson stated that hypoglycemia, significant
fmcsamedical@dot.gov, FMCSA, Minnesota Department of Public Safety complications, or inability to manage
Department of Transportation, 1200 is in favor of granting exemptions to the diabetes; also, any involvement in an
New Jersey Avenue SE, Room W64–224, following Minnesota drivers: Guy K. accident or any other adverse event in
Washington, DC 20590–0001. Office Paquette and Joseph M. Pellish, Jr. a CMV or personal vehicle, whether or
hours are from 8:30 a.m. to 5 p.m., e.t., IV. Basis for Exemption Determination not it is related to an episode of
Monday through Friday, except Federal hypoglycemia; (3) each driver must
holidays. If you have questions Under 49 U.S.C. 31136(e) and 31315, provide a copy of the ophthalmologist’s
regarding viewing or submitting FMCSA may grant an exemption from or optometrist’s report to the Medical
material to the docket, contact Docket the diabetes standard in 49 CFR Examiner at the time of the annual
Services, telephone (202) 366–9826. 391.41(b)(3) if the exemption is likely to medical examination; and (4) each
achieve an equivalent or greater level of driver must provide a copy of the
SUPPLEMENTARY INFORMATION: safety than would be achieved without annual medical certification to the
I. Electronic Access the exemption. The exemption allows employer for retention in the driver’s
the applicants to operate CMVs in qualification file, or keeping a copy in
You may see all the comments online interstate commerce.
through the Federal Document his/her driver’s qualification file if he/
The Agency’s decision regarding these she is self-employed. The driver must
Management System (FDMS) at: http:// exemption applications is based on the
www.regulations.gov. also have a copy of the exemption when
program eligibility criteria and an driving, for presentation to a duly
Docket: For access to the docket to individualized assessment of
read background documents or authorized Federal, State, or local
information submitted by each enforcement official.
comments, go to http:// applicant. The qualifications,
www.regulations.gov and/or Room experience, and medical condition of VI. Preemption
W12–140 on the ground level of the each applicant were stated and During the period the exemption is in
West Building, 1200 New Jersey Avenue discussed in detail in the December 11, effect, no State shall enforce any law or
SE, Washington, DC, between 9 a.m. and 2017, Federal Register notice (82 FR regulation that conflicts with this
5 p.m., e.t., Monday through Friday, 58253) and will not be repeated in this exemption with respect to a person
except Federal holidays. notice. operating under the exemption.
Privacy Act: In accordance with 5 These 27 applicants have had ITDM
U.S.C. 553(c), DOT solicits comments over a range of one to 31 years. These VII. Conclusion
from the public to better inform its applicants report no severe Based upon its evaluation of the 27
rulemaking process. DOT posts these hypoglycemic reactions resulting in loss exemption applications, FMCSA
daltland on DSKBBV9HB2PROD with NOTICES

comments, without edit, including any of consciousness or seizure, requiring exempts the following drivers from the
personal information the commenter the assistance of another person, or diabetes requirement in 49 CFR
provides, to http://www.regulations.gov, resulting in impaired cognitive function 391.41(b)(10), subject to the
as described in the system of records that occurred without warning requirements cited above:
notice (DOT/ALL–14 FDMS), which can symptoms, in the past 12 months and no Larry L. Alirez (NM)
be reviewed at http://www.dot.gov/ recurrent (two or more) severe Samuel L. Boothe (MO)
privacy. hypoglycemic episodes in the past five Edward C. Carlson (MA)

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Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices 6701

Andrew W. Carstens (IN) FOR FURTHER INFORMATION CONTACT: Ms. use of an audiometric device, does not
Timothy R. Conaway (DE) Christine A. Hydock, Chief, Medical have an average hearing loss in the
Ronald E. Cope, Sr. (TN) Programs Division, (202) 366–4001, better ear greater than 40 decibels at 500
Jeffrey Dockhorn (NJ) fmcsamedical@dot.gov, FMCSA, Hz, 1,000 Hz, and 2,000 Hz with or
Elias O. Eniade (MO) Department of Transportation, 1200 without a hearing aid when the
Michael L. Evans (IN) New Jersey Avenue SE, Room W64–224, audiometric device is calibrated to
Billy E. Hickman, Jr. (MO) Washington, DC 20590–0001. Office American National Standard (formerly
Lejuan K. Holmes (TX)
Roy J. McDonald (NY) hours are from 8:30 a.m. to 5 p.m., e.t., ASA Standard) Z24.5–1951.
Michael D. Mook (IA) Monday through Friday, except Federal 49 CFR 391.41(b)(11) was adopted in
Nathon J. Owens (IN) holidays. If you have questions 1970, with a revision in 1971 to allow
Guy K. Paquette (MN) regarding viewing or submitting drivers to be qualified under this
Robert C. Payne (VA) material to the docket, contact Docket standard while wearing a hearing aid,
Lyle S. Pearson (IL) Services, telephone (202) 366–9826. 35 FR 6458, 6463 (April 22, 1970) and
Joseph M. Pellish, Jr. (MN) SUPPLEMENTARY INFORMATION: 36 FR 12857 (July 3, 1971).
Daniel R. Plecki (IL)
Victor H. Pulgarin-Gomez (NJ) I. Electronic Access III. Discussion of Comments
Stephen D. Reintsma (IA) You may see all the comments online FMCSA received two comments in
Charles W. Wakefield (MS) through the Federal Document this proceeding. Don Lefeve, President
John L. Whitehead, Jr. (TN) Management System (FDMS) at: http:// and CEO of the Commercial Vehicle
Keith L. Wilson (WI) www.regulations.gov. Training Association (CVTA) wrote
Adam J. Writz (ID) Docket: For access to the docket to opposing over the road training of
Rave Y. Yarron (MD) read background documents or hearing-impaired individuals, pointing
Willie C. Young (TX) out the Safety Risks and the Liability it
comments, go to http://
In accordance with 49 U.S.C. 31136(e) www.regulations.gov and/or Room poses, and in addition expressed
and 31315, each exemption will be valid W12–140 on the ground level of the concerns for the far reaching
for two years from the effective date West Building, 1200 New Jersey Avenue ramifications of allowing deaf or hard of
unless revoked earlier by FMCSA. The SE, Washington, DC, between 9 a.m. and hearing drivers to test, train and/or
exemption will be revoked if the 5 p.m., e.t., Monday through Friday, drive commercially and concerns
following occurs: (1) The person fails to except Federal holidays. regarding the process by which hearing
comply with the terms and conditions Privacy Act: In accordance with 5 exemptions are granted from parts 49
of the exemption; (2) the exemption has U.S.C. 553(c), DOT solicits comments CFR 394.41. FMCSA acknowledges
resulted in a lower level of safety than from the public to better inform its CVTA’s concerns and a response to
was maintained prior to being granted; rulemaking process. DOT posts these these comments will be published in a
or (3) continuation of the exemption comments, without edit, including any subsequent notice.
would not be consistent with the goals personal information the commenter Ira Levinson, a hearing exemption
and objectives of 49 U.S.C. 31136(e) and provides, to http://www.regulations.gov, applicant wrote inquiring when he may
31315. as described in the system of records expect to receive his exemption.
Issued on: February 7, 2018. notice (DOT/ALL–14 FDMS), which can Basis for Exemption Determination
Larry W. Minor, be reviewed at http://www.dot.gov/
privacy. Under 49 U.S.C. 31136(e) and
Associate Administrator for Policy.
31315(b), FMCSA may grant an
[FR Doc. 2018–03046 Filed 2–13–18; 8:45 am] II. Background exemption from the hearing standard in
BILLING CODE 4910–EX–P
On October 11, 2017, FMCSA 49 CFR 391.41(b)(11) if the exemption is
published a notice announcing receipt likely to achieve an equivalent or greater
of applications from 91 individuals level of safety than would be achieved
DEPARTMENT OF TRANSPORTATION
requesting an exemption from the without the exemption. The exemption
Federal Motor Carrier Safety hearing requirement in 49 CFR allows the applicants to operate CMVs
Administration 391.41(b)(11) to operate a CMV in in interstate commerce.
interstate commerce and requested The Agency’s decision regarding these
[Docket No. FMCSA–2017–0058] comments from the public (FR 82 exemption applications is based on
47294). The public comment period current medical information and
Qualification of Drivers; Exemption literature, and the 2008 Evidence
Applications; Hearing ended on November 13, 2017 and two
comments were received. Report, ‘‘Executive Summary on
AGENCY: Federal Motor Carrier Safety FMCSA has evaluated the eligibility Hearing, Vestibular Function and
Administration (FMCSA), DOT. of these applicants and determined that Commercial Motor Driving Safety.’’ The
ACTION: Notice of final disposition. granting exemptions to these evidence report reached two
individuals would achieve a level of conclusions regarding the matter of
SUMMARY: FMCSA announces its safety equivalent to or greater than the hearing loss and CMV driver safety: (1)
decision to exempt 91 individuals from level that would be achieved by No studies that examined the
the hearing requirement in the Federal complying with the current regulation relationship between hearing loss and
Motor Carrier Safety Regulations 49 CFR 391.41(b)(11). crash risk exclusively among CMV
(FMCSRs) to operate a commercial The physical qualification standard drivers were identified; and (2) evidence
daltland on DSKBBV9HB2PROD with NOTICES

motor vehicle (CMV) in interstate for drivers regarding hearing found in from studies of the private driver’s
commerce. The exemptions enable these 49 CFR 391.41(b)(11) states that a license holder population does not
hard of hearing and deaf individuals to person is physically qualified to driver support the contention that individuals
operate CMVs in interstate commerce. a CMV if that person first perceives a with hearing impairment are at an
DATES: The exemptions were applicable forced whispered voice in the better ear increased risk for a crash. In addition,
on December 26, 2017. The exemptions at not less than 5 feet with or without the Agency reviewed each applicant’s
expire on December 26, 2019. the use of a hearing aid or, if tested by driving record found in the Commercial

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Document Created: 2018-02-14 03:58:58
Document Modified: 2018-02-14 03:58:58

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 January 11, 2018. The exemptions expire on January 11, 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 6700

83 FR 6700 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 31 (February 14, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration