Qualification of Drivers; Exemption Applications; Diabetes Mellitus |
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Larry W. Minor
Federal Motor Carrier Safety Administration
27 October 2017
[Federal Register Volume 82, Number 207 (Friday, October 27, 2017)]
[Notices]
[Pages 49926-49928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23345]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[FMCSA Docket No. FMCSA-2017-0039]
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 89 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 September 12, 2017. The
exemptions expire on September 12, 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 W64-224,
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
[[Page 49927]]
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 August 10, 2017, FMCSA published a notice announcing receipt of
applications from 89 individuals requesting an exemption from diabetes
requirement in 49 CFR 391.41(b)(3) and requested comments from the
public (82 FR 37486). The public comment period ended on September 11,
2017, and three 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 three comments in this proceeding. An anonymous
commenter stated that they are in favor of granting ``Greg'' an
exemption because he properly manages his diabetes. There are four
Gregory's listed in this Federal Register and there was no distinction
of which Gregory this comment supported. An anonymous commenter stated
that they believe hypoglycemia is a risk and they are against allowing
Diabetic CDL drivers an exemption without the use of a glucose sensing
pump. Currently, the insulin method of delivery is a decision between
the driver and their treating physician. Vicky Johnson stated that
Minnesota DVS is in favor of granting exemptions to Bruce A. Freiermuth
and Edward R. Gitz, both of whom are drivers from Minnesota.
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 August 10, 2017 Federal
Register notice (82 FR 37486) and will not be repeated in this notice.
These 89 applicants have had ITDM over a range of one to 34 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.
IV. 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.
V. 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.
VI. Conclusion
Based upon its evaluation of the 89 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 W. Ackerson (AZ)
Harry R. Albright (PA)
Pablo Alduende (NJ)
Abe C. Applewhite (VA)
William L. Bacon (WA)
Eric M. Ballard (IN)
Thomas R. Bingham (MT)
Harley E. Boone (ID)
Raymond P. Boskat, Sr. (NY)
Kevin M. Bruton, Jr. (NY)
Dylan J. Bryan (IL)
Vincente Burciaga (TX)
Roger E. Burkholder (IL)
James M. Butcher (IA)
Dino Chapman (TN)
Glen C. Davis (TN)
Glenn W. Davis (VA)
Jimmy D. Davis (MO)
Michael J. Dunnuck (CA)
Billy R. Edge (AL)
Craig Elgard (NJ)
Filiberto Espinoza (CA)
Julieanne Estes (NH)
Burl W. Fant (TX)
Grant E. Featherly (NY)
Ross G. Fogg, Jr. (NJ)
Damon M. Free (GA)
Raymond J. Freeman (TX)
Bruce A. Freiermuth (MN)
Alvin Frith (PA)
Eric T. George (TX)
Edward R. Gitz (MN)
William E. Glaster (NM)
Gregory C. Habel (ID)
Kevin O. Hansen (ID)
Richard A. Hanson (NJ)
John J. Hoeke (SD)
Howard R. Hudson (IL)
[[Page 49928]]
Michael T. Ilk (IN)
Ronald A. Jessop (RI)
Patrick A. Kelly (NC)
Vera M. Kipper (MO)
William A. Kitchens (GA)
Jerry R. Knight (WY)
Dick R. Kobayashi, Jr. (OR)
Roger P. Kukowski (WI)
Robert E. Lay (WA)
Gregory N. Lorenzi (WA)
Jake P. Mahoney (NY)
Ignatius Martin (NJ)
Ricky L. McCloskey (NE)
Carroll L. McCraw (NC)
Micah L. McDowell (NC)
Lonnell K. McKee (MO)
Kevin M. McKenna (MA)
Timothy S. Miller (WI)
Sammy Mouzone, Jr. (MI)
Timothy J. Mulvihill (SD)
Gregory J. Nixon (IN)
Anthony J. Njoroge (GA)
Robert N. Oakliff (CT)
Radame Perez (NY)
Gordon M. Peterson (IA)
Larry R. Predmore (PA)
Eric E. Ray (RI)
Angelo A. Reynoso (NJ)
Donald V. Rhoten, Jr. (MD)
William Rosado (NY)
Ryan M. Rosane (NE)
Solomon Rosenberg (NY)
James M. Roth (IN)
Robert J. Schlachter (IN)
D.S. Schneeberger (NY)
Robert F. Seiple (PA)
David M. Sheeran (NY)
John F. Smith (RI)
Mark E. Smith (PA)
Harley T. Steck (MO)
Ross M. Stirling (NV)
Dennis W. Thompson (WI)
Jose F. Toledo (OR)
Wayne A. Toms, Sr. (PA)
Gregory D. Vang (NE)
Charles H. Wainwright (NC)
Wayne G. Warren, Jr. (PA)
John G. Weinhofer (PA)
Grant E. Whetzel (SD)
Roger W. Yellow Boy (SD)
Richard L. Zelesket (MI)
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 18, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-23345 Filed 10-26-17; 8:45 am]
BILLING CODE 4910-EX-P