Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices 40641 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[FMCSA Docket No. FMCSA–2018–0026] 

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 53 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 June 29, 2018. The exemptions 

expire on June 29, 2020. 

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 May 29, 2018, FMCSA published 

a notice announcing receipt of 

applications from 53 individuals 

requesting an exemption from diabetes 

requirement in 49 CFR 391.41(b)(3) and 

requested comments from the public (83 

FR 24555). The public comment period 

ended on June 28, 2018, 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. Vicky Johnson from the 

Minnesota Department of Public Safety 

stated that Minnesota has no objections 

in granting a diabetic exemption to Jeff 

F. Kress. 

Michael Sommer submitted a 

comment asking what forms he needs to 

send in to be granted a medical waiver. 

Information regarding all medical 

exemptions is available on the FMCSA 

website at https://www.fmcsa.dot.gov/ 

medical/driver-medical-requirements/ 

driver-exemption-programs. 

An anonymous commenter stated that 

they agree with the renewal of the 53 

individual exemptions listed in the 

Federal Register. The commenter stated 

that they feel the guidelines are strict 

enough to allow individuals with ITDM 

to drive. They also stated that they did 

not see in the Handbook that these 

drivers are required to have a snack, 

glucometer, or insulin on person while 

driving. At this time, there is no official 

FMCSA Medical Examiner’s Handbook. 

The handbook was removed from the 

FMCSA website in 2015 because the 

content is not in line with the current 

regulations and therefore is not 

endorsed by the Agency for use. 

However, the current exemption 

document provides to the driver written 

requirements for the driver to maintain 

appropriate medical supplies for 

glucose management while preparing 

for the operation of a CMV and during 

its operation. It explains that the 

supplies shall include a digital glucose 

monitor with computerized memory, 

supplies needed to obtain adequate 

blood samples and measure blood 

glucose, insulin, and an amount of 

rapidly absorbable glucose to be used as 

necessary. 

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 May 29, 2018, 

Federal Register notice (83 FR 24555) 

and will not be repeated in this notice. 

These 53 applicants have had ITDM 

over a range of 1 to 48 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 


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40642 Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices 

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 53 

exemption applications, FMCSA 

exempts the following drivers from the 

diabetes requirement in 49 CFR 

391.41(b)(10), subject to the 

requirements cited above: 

Gary M. Athanas (OR) 

Gary R. Babcock (CT) 

Jennifer L. Baker (NC) 

Lesley L. Beasley (AL) 

Theresa J. Blackman (IN) 

Jeffrey D. Boutin (GA) 

Douglas P. Chretien (LA) 

Eugene V. Cost (ND) 

James R. Crump (VA) 

James G. Cucinotta (ME) 

Bryan S. Davis (VA) 

Jeremy C. Durand (NY) 

Connie S. Erwin (TN) 

Brendan T Farnam (MA) 

Randall S. Feldt (IA) 

Travis E. Forrest (PA) 

Robert R. Frost (PA) 

Alexander A. Hegyi (NJ) 

Sergio Hernandez (IL) 

Scotty A. Hill (NC) 

Billie Hinton (NY) 

Arild Johansen (ND) 

Kaleb N. Jones (IL) 

Reginald Jones (NC) 

Kevin R. Kerrigan (MI) 

William R. Koepplin (ND) 

Jeff F. Kress (MN) 

Eric J. Kuster (IA) 

Michael P. Labrosse (NY) 

Michael J. Mason (GA) 

Chad W. Moore (MO) 

Walter N. Morphew, Jr. (IN) 

Edward C. Mulvenna, Jr. (NJ) 

Jeffrey C. Olson (SD) 

Robin L. Phillips (PA) 

Roosevelt Price (MS) 

William P. Raben (AL) 

Dennis B. Segel (WA) 

Daniel A. Slattery (IN) 

Mathew C. Smart (TX) 

Jeffrey J. Smith (VA) 

Charles D. Smith, Jr. (IN) 

Patrick J. Snell (IA) 

Rodney M. Stephens (PA) 

Robert A. Swasey, Jr. (ME) 

Kevin R. Terpstra (IL) 

Richard D. Thompson (NY) 

William D. Thull (IL) 

Billy J. Thurnall (IN) 

John T. Tuck, Jr. (NJ) 

Roy D. Wendte (IL) 

Bailey Westgate (ID) 

Walter L. Williams (AR) 

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: August 9, 2018. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2018–17593 Filed 8–14–18; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2018–0202] 

Qualification of Drivers; Exemption 

Applications; Diabetes Mellitus 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of applications for 

exemption; request for comments. 

SUMMARY: FMCSA announces receipt of 

applications from 39 individuals for an 

exemption from the prohibition in the 

Federal Motor Carrier Safety 

Regulations (FMCSRs) against persons 

with insulin-treated diabetes mellitus 

(ITDM) operating a commercial motor 

vehicle (CMV) in interstate commerce. If 

granted, the exemptions would enable 

these individuals with ITDM to operate 

CMVs in interstate commerce. 

DATES: Comments must be received on 

or before September 14, 2018. 

ADDRESSES: You may submit comments 

bearing the Federal Docket Management 

System (FDMS) Docket No. FMCSA– 

2018–0202 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE, West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery: West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE, Washington, 

DC, between 9 a.m. and 5 p.m., e.t., 

Monday through Friday, except Federal 

Holidays. 

• Fax: 1–202–493–2251. 

Instructions: Each submission must 

include the Agency name and the 

docket number(s) for this notice. Note 

that all comments received will be 

posted without change to http://

www.regulations.gov, including any 

personal information provided. Please 

see the Privacy Act heading below for 

further information. 

Docket: For access to the docket to 

read background documents or 

comments, go to http://

www.regulations.gov at any time 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. The 

FDMS is available 24 hours each day 

e.t., 365 days each year. If you want 

acknowledgment that we received your 

comments, please include a selfaddressed, stamped envelope or 

postcard or print the acknowledgement 

page that appears after submitting 

comments online. 

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. 

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 8:30 a.m. to 5 p.m., e.t., 

Monday through Friday, except Federal 

holidays. If you have questions 


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