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 49928-49929]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23347]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[FMCSA Docket No. FMCSA-2016-0383]
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 41 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 April 8, 2017. The exemptions
expire on April 8, 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
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 March 8, 2017, FMCSA published a notice announcing receipt of
applications from 41 individuals requesting an exemption from diabetes
requirement in 49 CFR 391.41(b)(3) and requested comments from the
public (82 FR 13050). The public comment period ended on April 7, 2017,
and four 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 four comments in this proceeding. Janet Sandoval and
two anonymous commenters stated that they are against granting Mr. Ta
Canunpa W. Banks the exemption. Ms. Sandoval stated that she does not
believe Mr. Banks is under sufficient medical care for diabetes and
that all drivers should be required to regularly see an endocrinologist
to ensure their diabetes is under control. Quarterly and annual
monitoring by an endocrinologist and eye doctor is a stipulation of the
exemption. Drivers are required to submit these reports to the Agency
on a continuing basis while they hold an exemption. The first anonymous
commenter stated that Mr. Banks provided falsified information in order
to obtain a medical card. The second anonymous commenter did not
provide a reason for their objection to granting Mr. Banks an
exemption. A third anonymous commenter stated that they were in favor
of granting the exemptions to all drivers listed in this notice, and
that the previous three comments appear to be a ``smear campaign''
directed towards Mr. Banks as they have no documentation to support
their claims. FMCSA investigated the claim that Mr. Banks provided
falsified information in order to obtain a medical card. Mr. Banks did
not disclose insulin use to his Medical Examiners on exams dated
January 27, 2017 and February 14, 2017 based on his fear of losing his
livelihood. However, he did disclose it in the exam submitted as part
of his exemption application on November 11,
[[Page 49929]]
2016. FMCSA evaluated the medical records provided by Mr. Banks and
determined that granting him an exemption would achieve an equivalent
or greater level of safety than would be achieved without granting him
an exemption.
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.
These 41 applicants have had ITDM over a range of 1 to 27 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).
The qualifications, experience, and medical condition of each
applicant were stated and discussed in detail in the March 8, 2017
Federal Register notice (82 FR 13050) and will not be repeated in this
notice.
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 41 exemption applications, FMCSA
exempts the following drivers from the diabetes requirement in 49 CFR
391.41(b)(10), subject to the requirements cited above:
Joseph A. Akers (WV)
Leslie R. Auger (MO)
Ta Canunpa W. Banks (SD)
Ralph E. Beard (MI)
Darrell W. Britnell (NC)
Paul M. Capeder (MN)
Robert D. Carnazzo (MA)
Randall C. Coleman (WA)
Thomas K. Coleman (NC)
Mark A. Cologne (LA)
Christopher J. Comstock (TX)
Alexander H. Cromartie (PA)
Michael R. Dark (TX)
Joseph P. Dellavolpe (NJ)
Shea E. Durand (NY)
David L. Farris (KS)
Donald D. Fown (OH)
Michael L. Gamache (NH)
David P. Glaeser (CO)
Donald J. Gray (CA)
James E. Guthrie, IV (KY)
James F. Hamilton (SD)
Paul R. Hanson (MN)
Jaculyn E. Heck (DE)
Greg J. Isom (GA)
Mark J. Johnson (WA)
Tyson C. Johnson (PA)
Darrell W. Luck (NC)
Gregory L. Markin (WI)
Patrick May (MD)
Elbert J. Means (SC)
Peter R. Meyer (WA)
Andrew R. Morris (WA)
Timothy A. Parks, Jr. (MD)
Dennis Pitt (NY)
Antonio R. Ragin (CT)
Matthew Reynolds (PA)
Robert G. Smith (MA)
Patricia M. Spurgeon (NY)
Robert M. Sypolt (WV)
Brandon R. Wedding (OR)
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. 2017-23347 Filed 10-26-17; 8:45 am]
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