83 FR 6711 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 31 (February 14, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 31 (February 14, 2018)
| Page Range | 6711-6712 | |
| FR Document | 2018-03031 |
[Federal Register Volume 83, Number 31 (Wednesday, February 14, 2018)] [Notices] [Pages 6711-6712] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-03031] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA-2017-0234] 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 November 14, 2017. The exemptions expire on November 14, 2019. 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 October 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 47301). The public comment period ended on November 13, 2017, and five 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 five comments in this proceeding from Ms. Marisol Aguilar. These comments are outside of the scope of the notice. 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 [[Page 6712]] discussed in detail in the October 11, 2017 Federal Register notice (82 FR 47301) and will not be repeated in this notice. These 27 applicants have had ITDM over a range of one to 63 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: James J. Aden (MN) Serafim S. Amaral (CA) John E. Biel (PA) Adam D. Comer (AR) Timothy P. Conner (VA) Miguel P. Flores (WA) Mark J. Fulks (IA) Daniel Gonzalez, III (TX) Chad A. Hayden (IN) Joseph F. Hubenka (NE) Galen M. Hurd, III (SC) Edward S. Jacobs (MI) Jason D. Jones (OK) David M. Kelly (MD) Robert A. Leboffe (PA) Tanner H. Littlefield (RI) Veneta K. Mayor (NV) Randy J. Nekuda (NE) Thomas M. Reece (NC) Michael L. Rivera (NY) Gary L. Robbins (OR) Eddie Rodriguez, Jr. (TX) Erwin R. Rud (MN) Diane L. Simmons (ID) Russell Van Alphen (MA) Thomas C. Williams (KS) Glen E. Wray, Jr. (PA) 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. 2018-03031 Filed 2-13-18; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices 6711
Ralph O. Weathers determination at any time after the close www.regulations.gov and/or Room
Mr. Weathers, 45, has had ITDM since of the comment period. W12–140 on the ground level of the
2016. His endocrinologist examined him West Building, 1200 New Jersey Avenue
V. Viewing Comments and Documents
in 2017 and certified that he has had no SE, Washington, DC, between 9 a.m. and
To view comments, as well as any 5 p.m., e.t., Monday through Friday,
severe hypoglycemic reactions resulting
documents mentioned in this preamble, except Federal holidays.
in loss of consciousness, requiring the
go to http://www.regulations.gov and in Privacy Act: In accordance with 5
assistance of another person, or
the search box insert the docket number U.S.C. 553(c), DOT solicits comments
resulting in impaired cognitive function
FMCSA–2017–0290 and click ‘‘Search.’’ from the public to better inform its
that occurred without warning in the
Next, click ‘‘Open Docket Folder’’ and rulemaking process. DOT posts these
past 12 months and no recurrent (two or
you will find all documents and comments, without edit, including any
more) severe hypoglycemic episodes in
comments related to this notice. personal information the commenter
the last five years. His endocrinologist
Issued on: February 7, 2018. provides, to http://www.regulations.gov,
certifies that Mr. Weathers understands
Larry W. Minor, as described in the system of records
diabetes management and monitoring,
notice (DOT/ALL–14 FDMS), which can
has stable control of his diabetes using Associate Administrator for Policy.
be reviewed at http://www.dot.gov/
insulin, and is able to drive a CMV [FR Doc. 2018–03059 Filed 2–13–18; 8:45 am]
privacy.
safely. Mr. Weathers meets the BILLING CODE 4910–EX–P
requirements of the vision standard at II. Background
49 CFR 391.41(b)(10). His optometrist On October 11, 2017, FMCSA
examined him in 2017 and certified that DEPARTMENT OF TRANSPORTATION published a notice announcing receipt
he does not have diabetic retinopathy. of applications from 27 individuals
He holds a Class A CDL from Indiana. Federal Motor Carrier Safety
Administration requesting an exemption from diabetes
III. Request for Comments requirement in 49 CFR 391.41(b)(3) and
[FMCSA Docket No. FMCSA–2017–0234] requested comments from the public (82
In accordance with 49 U.S.C. 31136(e) FR 47301). The public comment period
and 31315, FMCSA requests public Qualification of Drivers; Exemption ended on November 13, 2017, and five
comment from all interested persons on Applications; Diabetes Mellitus comments were received.
the exemption petitions described in FMCSA has evaluated the eligibility
this notice. We will consider all AGENCY: Federal Motor Carrier Safety
Administration (FMCSA), DOT. of these applicants and determined that
comments received before the close of granting the exemptions to these
business on the closing date indicated ACTION: Notice of final disposition.
individuals would achieve a level of
in the dates section of the notice. safety equivalent to or greater than the
SUMMARY: FMCSA announces its
IV. Submitting Comments decision to exempt 27 individuals from level that would be achieved by
the prohibition in the Federal Motor complying with the current regulation
You may submit your comments and
Carrier Safety Regulations (FMCSRs) 49 CFR 391.41(b)(3).
material online or by fax, mail, or hand The physical qualification standard
delivery, but please use only one of against persons with insulin-treated
diabetes mellitus (ITDM) from operating for drivers regarding diabetes found in
these means. FMCSA recommends that 49 CFR 391.41(b)(3) states that a person
you include your name and a mailing a commercial motor vehicle (CMV) in
interstate commerce. The exemptions is physically qualified to drive a CMV
address, an email address, or a phone if that person has no established
number in the body of your document enable these individuals with ITDM to
operate CMVs in interstate commerce. medical history or clinical diagnosis of
so that FMCSA can contact you if there diabetes mellitus currently requiring
are questions regarding your DATES: The exemptions were applicable
on November 14, 2017. The exemptions insulin for control.
submission.
To submit your comment online, go to expire on November 14, 2019. III. Discussion of Comments
http://www.regulations.gov and in the FOR FURTHER INFORMATION CONTACT: Ms. FMCSA received five comments in
search box insert the docket number Christine A. Hydock, Chief, Medical this proceeding from Ms. Marisol
FMCSA–2017–0290 and click the search Programs Division, (202) 366–4001, Aguilar. These comments are outside of
button. When the new screen appears, fmcsamedical@dot.gov, FMCSA, the scope of the notice.
click on the blue ‘‘Comment Now!’’ Department of Transportation, 1200
button on the right hand side of the New Jersey Avenue SE, Room W64–224, IV. Basis for Exemption Determination
page. On the new page, enter Washington, DC 20590–0001. Office Under 49 U.S.C. 31136(e) and 31315,
information required including the hours are from 8:30 a.m. to 5 p.m., e.t., FMCSA may grant an exemption from
specific section of this document to Monday through Friday, except Federal the diabetes standard in 49 CFR
which each comment applies, and holidays. If you have questions 391.41(b)(3) if the exemption is likely to
provide a reason for each suggestion or regarding viewing or submitting achieve an equivalent or greater level of
recommendation. If you submit your material to the docket, contact Docket safety than would be achieved without
comments by mail or hand delivery, Services, telephone (202) 366–9826. the exemption. The exemption allows
submit them in an unbound format, no SUPPLEMENTARY INFORMATION: the applicants to operate CMVs in
larger than 81⁄2 by 11 inches, suitable for interstate commerce.
copying and electronic filing. If you I. Electronic Access The Agency’s decision regarding these
daltland on DSKBBV9HB2PROD with NOTICES
submit comments by mail and would You may see all the comments online exemption applications is based on the
like to know that they reached the through the Federal Document program eligibility criteria and an
facility, please enclose a stamped, self- Management System (FDMS) at: http:// individualized assessment of
addressed postcard or envelope. www.regulations.gov. information submitted by each
We will consider all comments and Docket: For access to the docket to applicant. The qualifications,
materials received during the comment read background documents or experience, and medical condition of
period. FMCSA may issue a final comments, go to http:// each applicant were stated and
VerDate Sep<11>2014 22:07 Feb 13, 2018 Jkt 244001 PO 00000 Frm 00205 Fmt 4703 Sfmt 4703 E:\FR\FM\14FEN1.SGM 14FEN1](https://thefederalregister.org/doc/83_FR_6742/page/1.svg)
![6712 Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices
discussed in detail in the October 11, VI. Preemption DEPARTMENT OF TRANSPORTATION
2017 Federal Register notice (82 FR
During the period the exemption is in Federal Motor Carrier Safety
47301) and will not be repeated in this
effect, no State shall enforce any law or Administration
notice.
regulation that conflicts with this
These 27 applicants have had ITDM exemption with respect to a person [Docket No. FMCSA–2009–0290; FMCSA–
over a range of one to 63 years. These operating under the exemption. 2009–0289; FMCSA–2011–0300; FMCSA–
applicants report no severe 2013–0190; FMCSA–2013–0191; FMCSA–
hypoglycemic reactions resulting in loss VII. Conclusion 2015–0338; FMCSA–2015–0339; FMCSA–
2015–0340]
of consciousness or seizure, requiring Based upon its evaluation of the 27
the assistance of another person, or exemption applications, FMCSA Qualification of Drivers; Exemption
resulting in impaired cognitive function exempts the following drivers from the Applications; Diabetes
that occurred without warning diabetes requirement in 49 CFR
symptoms, in the past 12 months and no AGENCY: Federal Motor Carrier Safety
391.41(b)(10), subject to the
recurrent (two or more) severe Administration (FMCSA), DOT.
requirements cited above:
hypoglycemic episodes in the past five ACTION: Notice of renewal of
James J. Aden (MN) exemptions; request for comments.
years. In each case, an endocrinologist
verified that the driver has Serafim S. Amaral (CA)
SUMMARY: FMCSA announces its
demonstrated a willingness to properly John E. Biel (PA) decision to renew exemptions for 186
monitor and manage his/her diabetes Adam D. Comer (AR) individuals from its prohibition in the
mellitus, received education related to Timothy P. Conner (VA) Federal Motor Carrier Safety
diabetes management, and is on a stable Miguel P. Flores (WA) Regulations (FMCSRs) against persons
insulin regimen. These drivers report no with insulin-treated diabetes mellitus
other disqualifying conditions, Mark J. Fulks (IA)
(ITDM) from operating commercial
including diabetes related Daniel Gonzalez, III (TX) motor vehicles (CMVs) in interstate
complications. Each meets the vision Chad A. Hayden (IN) commerce. The exemptions enable these
requirement at 49 CFR 391.41(b)(10). Joseph F. Hubenka (NE) individuals with ITDM to continue to
Consequently, FMCSA finds that in Galen M. Hurd, III (SC) operate CMVs in interstate commerce.
each case exempting these applicants DATES: Each group of renewed
from the diabetes requirement in 49 CFR Edward S. Jacobs (MI) exemptions were applicable on the
391.41(b)(3) is likely to achieve a level Jason D. Jones (OK) dates stated in the discussions below
of safety equal to that existing without David M. Kelly (MD) and will expire on the dates stated in
the exemption. Robert A. Leboffe (PA) the discussions below. Comments must
be received on or before March 16, 2018.
V. Conditions and Requirements Tanner H. Littlefield (RI)
FOR FURTHER INFORMATION CONTACT: Ms.
Veneta K. Mayor (NV) Christine A. Hydock, Chief, Medical
The terms and conditions of the
Randy J. Nekuda (NE) Programs Division, 202–366–4001,
exemption are provided to the
applicants in the exemption document Thomas M. Reece (NC) fmcsamedical@dot.gov, FMCSA,
and includes the following: (1) Each Michael L. Rivera (NY) Department of Transportation, 1200
driver must submit a quarterly New Jersey Avenue SE, Room W64–224,
Gary L. Robbins (OR)
monitoring checklist completed by the Washington, DC 20590–0001. Office
Eddie Rodriguez, Jr. (TX) hours are from 8:30 a.m. to 5:30 p.m.,
treating endocrinologist as well as an
Erwin R. Rud (MN) e.t., Monday through Friday, except
annual checklist with a comprehensive
medical evaluation; (2) each driver must Diane L. Simmons (ID) Federal holidays. If you have questions
Russell Van Alphen (MA) regarding viewing or submitting
report within two business days of
material to the docket, contact Docket
occurrence, all episodes of severe Thomas C. Williams (KS) Services, telephone (202) 366–9826.
hypoglycemia, significant Glen E. Wray, Jr. (PA) ADDRESSES: You may submit comments
complications, or inability to manage
diabetes; also, any involvement in an In accordance with 49 U.S.C. 31136(e) bearing the Federal Docket Management
accident or any other adverse event in and 31315, each exemption will be valid System (FDMS) Docket No. FMCSA–
for two years from the effective date 2009–0290; FMCSA–2009–0289;
a CMV or personal vehicle, whether or
unless revoked earlier by FMCSA. The FMCSA–2011–0300; FMCSA–2013–
not it is related to an episode of
exemption will be revoked if the 0190; FMCSA–2013–0191; FMCSA–
hypoglycemia; (3) each driver must
following occurs: (1) The person fails to 2015–0338; FMCSA–2015–0339;
provide a copy of the ophthalmologist’s
comply with the terms and conditions FMCSA–2015–0340 using any of the
or optometrist’s report to the Medical
of the exemption; (2) the exemption has following methods:
Examiner at the time of the annual • Federal eRulemaking Portal: Go to
resulted in a lower level of safety than
medical examination; and (4) each http://www.regulations.gov. Follow the
was maintained prior to being granted;
driver must provide a copy of the online instructions for submitting
or (3) continuation of the exemption
annual medical certification to the comments.
would not be consistent with the goals
employer for retention in the driver’s and objectives of 49 U.S.C. 31136(e) and • Mail: Docket Management Facility;
daltland on DSKBBV9HB2PROD with NOTICES
qualification file, or keeping a copy in 31315. U.S. Department of Transportation, 1200
his/her driver’s qualification file if he/ New Jersey Avenue SE, West Building
she is self-employed. The driver must Issued on: February 7, 2018.
Ground Floor, Room W12–140,
also have a copy of the exemption when Larry W. Minor, Washington, DC 20590–0001.
driving, for presentation to a duly Associate Administrator for Policy. • Hand Delivery: West Building
authorized Federal, State, or local [FR Doc. 2018–03031 Filed 2–13–18; 8:45 am] Ground Floor, Room W12–140, 1200
enforcement official. BILLING CODE 4910–EX–P New Jersey Avenue SE, Washington,
VerDate Sep<11>2014 22:07 Feb 13, 2018 Jkt 244001 PO 00000 Frm 00206 Fmt 4703 Sfmt 4703 E:\FR\FM\14FEN1.SGM 14FEN1](https://thefederalregister.org/doc/83_FR_6742/page/2.svg)
Document Created: 2018-02-14 03:59:26
Document Modified: 2018-02-14 03:59:26
| 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 November 14, 2017. The exemptions expire on November 14, 2019. | |
| 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 6711 |
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