Qualification of Drivers; Exemption Applications; Diabetes Mellitus |
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Larry W. Minor
Federal Motor Carrier Safety Administration
3 July 2017
[Federal Register Volume 82, Number 126 (Monday, July 3, 2017)]
[Notices]
[Pages 30940-30942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13929]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[FMCSA Docket No. FMCSA-2017-0031]
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 49 individuals from its
rule prohibiting persons with insulin-treated diabetes mellitus (ITDM)
from operating commercial motor vehicles (CMVs) in interstate commerce.
The exemptions enable these individuals to operate CMVs in interstate
commerce.
DATES: The exemptions were effective on May 31, 2017. The exemptions
expire on May 31, 2019.
FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division, (202) 366-4001, fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.
e.t., Monday through Friday, except Federal holidays.
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 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 April 27, 2017, FMCSA published a notice of receipt of Federal
diabetes exemption applications from 50 individuals and requested
comments from the public (82 FR 19438). The
[[Page 30941]]
public comment period closed on May 30, 2017, and two comments were
received.
FMCSA has evaluated the eligibility of the 50 applicants and
determined that granting the exemptions to 49 of 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).
Diabetes Mellitus and Driving Experience of the Applicants
The Agency established the current requirement for diabetes in 1970
because several risk studies indicated that drivers with diabetes had a
higher rate of crash involvement than the general population. The
diabetes rule provides that ``A person is physically qualified to drive
a commercial motor vehicle if that person has no established medical
history or clinical diagnosis of diabetes mellitus currently requiring
insulin for control'' (49 CFR 391.41(b)(3)).
FMCSA established its diabetes exemption program, based on the
Agency's July 2000 study entitled ``A Report to Congress on the
Feasibility of a Program to Qualify Individuals with Insulin-Treated
Diabetes Mellitus to Operate in Interstate Commerce as Directed by the
Transportation Act for the 21st Century.'' The report concluded that a
safe and practicable protocol to allow some drivers with ITDM to
operate CMVs is feasible. The September 3, 2003 (68 FR 52441), Federal
Register notice in conjunction with the November 8, 2005 (70 FR 67777),
Federal Register notice provides the current protocol for allowing such
drivers to operate CMVs in interstate commerce.
These 50 applicants have had ITDM over a range of 1 to 28 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 (2 or
more) severe hypoglycemic episodes in the past 5 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).
The qualifications and medical condition of each applicant were
stated and discussed in detail in the April 27, 2017, Federal Register
notice and they will not be repeated in this notice.
III. Discussion of Comments
FMCSA received two comments in this proceeding. Charles W. Smith,
who is included in this docket, submitted a comment asking if more
information was needed for his exemption. Mr. Smith had a complete
application at the time he was published in the Federal Register for
the 30-day comment period. Since no negative comments were received
regarding his case, he was granted an exemption effective May 31, 2017.
Robert E. Branigan, Jr., who is also included on this docket, requested
a document stating he is now exempt from the diabetes standard. An
exemption was granted and mailed to him on May 31, 2017.
IV. Basis for Exemption Determination
Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the diabetes requirement 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.
To evaluate the effect of these exemptions on safety, FMCSA
considered medical reports about the applicants' ITDM and vision, and
reviewed the treating endocrinologists' medical opinion related to the
ability of the driver to safely operate a CMV while using insulin.
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 will be provided to the
applicants in the exemption document and they include the following:
(1) That each individual submit a quarterly monitoring checklist
completed by the treating endocrinologist as well as an annual
checklist with a comprehensive medical evaluation; (2) that each
individual reports within 2 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) that each individual 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) that
each individual provide a copy of the annual medical certification to
the employer for retention in the driver's qualification file, or keep
a copy in his/her driver's qualification file if he/she is self-
employed. The driver must also have a copy of the certification when
driving, for presentation to a duly authorized Federal, State, or local
enforcement official.
VI. Conclusion
Based upon its evaluation of the 50 exemption applications, FMCSA
exempts the following 49 drivers from the diabetes requirement in 49
CFR 391.41(b)(3):
Ronald J. Boe (MN)
Robert E. Branigan, Jr. (PA)
Wayne P. Cashion (TN)
Randall J. Claeys (OR)
Ronald G. Dalle (NY)
Vincenzo Dellisola (NY)
Gary L.A. Driggers (GA)
Daniel L. Fernberg (WI)
Steven A. Grover (CO)
Kenneth L. Hawthorne (MS)
Matthew A. Huebner (IL)
James C. Hylton (VA)
Michael A. Jacobson (IA)
David C. Jossi (ID)
Randy J. Kean (KY)
Edward T. Klauck (MO)
Carl R. Knapp (WA)
Robert E. Knox (OR)
Oris Lormeus (NY)
James V. Maiorana (NY)
Jerry S. Malloy (OK)
James E. Mann, Jr. (NC)
Tremaine E. Mathews (TX)
Archie D. McCracken (NC)
William M. Nafus (PA)
David S.E. Patton (AR)
Andrew J. Peard (NE)
Ronald C. Pennyman (GA)
Matthew B. Phillips (IN)
Larry P. Pruitt (NC)
Jose L. Ramos (NM)
Danny L. Russell (NH)
Ronald M. Salas (CA)
Roger W. Senff (WY)
David M. Seswick (OH)
Charles W. Smith (VA)
Jeffery A. Stone (IN)
William C. Suozzo (PA)
Sean M. Sweeney (NJ)
Thomas W. Szaloy (NM)
John A. Tagtgren (MN)
Michael E. Thompson (WA)
John A. Wargo (WV)
Michael E. Weideman (SD)
Monty A. Weigum (ND)
Zachary B.J. Weihart (WI)
James M. Wenzel (MN)
Steven G. Wilcox (CA)
[[Page 30942]]
Nathaniel D. Winston (VA)
Gerald G. Blacklock (PA), who was included in the request for
comments notice published on April 27, 2017 (82 FR 19438), ceased using
insulin during the comment period. As a result, he no longer requires
an exemption to operate in interstate commerce and was not issued one
by the Agency.
In accordance with 49 U.S.C. 31136(e) and 31315 each exemption is
valid for two years 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 before it was
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. If the
exemption is still effective at the end of the 2-year period, the
person may apply to FMCSA for a renewal under procedures in effect at
that time.
Issued on: June 22, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-13929 Filed 6-30-17; 8:45 am]
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