80 FR 12545 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 45 (March 9, 2015)

Page Range		12545-12546
FR Document		2015-05239

FMCSA confirms its decision to exempt 69 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.

Federal Register, Volume 80 Issue 45 (Monday, March 9, 2015)

[Federal Register Volume 80, Number 45 (Monday, March 9, 2015)]
[Notices]
[Pages 12545-12546]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-05239]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2014-0311]


Qualification of Drivers; Exemption Applications; Diabetes 
Mellitus

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition.

-----------------------------------------------------------------------

SUMMARY: FMCSA confirms its decision to exempt 69 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 January 31, 2015. The 
exemptions expire on January 31, 2017.

FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director, 
Carrier, Driver and Vehicle Safety Standards, (202) 366-4001, 
fmcsamedical@dot.gov, FMCSA, Room W64-224, Department of 
Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001. 
Office hours are from 8:30 a.m. to 5 p.m., 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., 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 December 31, 2014, FMCSA published a notice of receipt of 
Federal diabetes exemption applications from 69 individuals and 
requested comments from the public (79 FR 78938). The public comment 
period closed on January 30, 2015, and no comments were received.
    FMCSA has evaluated the eligibility of the 69 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).

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 69 applicants have had ITDM over a range of one to 44 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 December 31, 2014, Federal 
Register notice and they will not be repeated in this notice.

III. Discussion of Comments

    FMCSA received no comments in this proceeding.

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.

[[Page 12546]]

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 69 exemption applications, FMCSA 
exempts the following drivers from the diabetes requirement in 49 CFR 
391.41(b)(10), subject to the requirements cited above 949 CFR 
391.64(b)):

Joseph L. Allen (TX)
Cory T. Anderson (KY)
Ammon Ashby (UT)
Wayne A. Aukes (MN)
Ira M. Avant (UT)
Eric W. Beasley (GA)
Freddie W. Bermudez, Jr. (IL)
Evelin B. Black (CA)
Derrell K. Blanton (NC)
Richard A. Boor
Jimmy R. Bradley (OK)
Stephen R. Brown (NH)
Kenneth E. Chastain (TN)
Jeffrey C. Colbert (AR)
Nathan W. Cooper (IN)
Gregory F. Darmody (RI)
David A. Decker (MD)
Kenny I. Dickerson (GA)
James M. DiClaudio (NJ)
Steven A. Dion (NY)
Dean R. Duquette (ME)
Joseph J. Eckstrom (NY)
Ashford N. Eskaran (HI)
Tyrone A. Green (NY)
Morgan D. Hale, Jr. (KY)
James J. Hartman (SD)
Dale H. Hintz (WI)
Benjamin D. Horton (VA)
Danny R. Jackson, Jr. (OR)
Brian C. Jagdman (MD)
Terry J. Johnson (MD)
Robert L. Johnson, Jr. (OK)
John F. Jones (OH)
Michael W. Jones (NJ)
Carl J. Kern, Jr. (PA)
William C. Knight (TN)
Monte J. Lakosky (MI)
Aaron J. Larson (WI)
Roger L. Larson (SD)
Jeffrey G. Lawrence (AR)
Leo D. Maggioli (MA)
Ryan M. McClatchey (TN)
Carl A. Mears, Jr. (VT)
Laurence R. Middendorf (PA)
Robert P. Miller (WI)
James E. Neeley (MO)
Nicholas M. Palocy (NY)
Andrew S. Parks (CA)
John D. Patterson (OH)
Michael W. Perez (OH)
Jerry Platero (NM)
Darrell K. Rau (IA)
Andrew B. Renninger (PA)
Ryan T. Rock (ID)
Wilfredo Rodriguez (NY)
James T. Rogers (NC)
Mark A. Santana (PA)
Donald E. Scovil (NH)
David E. Shinen (CA)
Patrick A. Shryock (AR)
Trevor J. Swanson (MN)
Joshua C. Thompson (AZ)
Jeffrey D. Thomson (WI)
Marshall L. Wainwright (IL)
Robert L. Whipple, Sr. (PA)
Glenn Whitehouse (PA)
Jennifer R. Williams (PA)
John E. Yates (IN)
Jeffrey S. Zimmer (NH)

    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.

    Dated: March 2, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-05239 Filed 3-6-15; 8:45 am]
 BILLING CODE P

Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Notices 12545

Register home page at: http://www. 0001. Office hours are from 8:30 a.m. to Directed by the Transportation Act for
archives.gov and the Government 5 p.m., Monday through Friday, except the 21st Century.’’ The report concluded
Publishing Office’s database at: http:// Federal holidays. that a safe and practicable protocol to
www.access.gpo.gov/nara. SUPPLEMENTARY INFORMATION: allow some drivers with ITDM to
operate CMVs is feasible. The
Background I. Electronic Access September 3, 2003 (68 FR 52441),
On November 21, 2014, the FHWA You may see all the comments online Federal Register notice in conjunction
published in the Federal Register notice through the Federal Document with the November 8, 2005 (70 FR
of the availability of the Tier 1 DEIS at Management System (FDMS) at: http:// 67777), Federal Register notice provides
79 FR 68242. That Federal Register www.regulations.gov. the current protocol for allowing such
notice listed February 27, 2015, as the Docket: For access to the docket to drivers to operate CMVs in interstate
end date for the comment period. Due read background documents or commerce.
to severe weather conditions throughout comments, go to http:// These 69 applicants have had ITDM
the project area, four public hearings www.regulations.gov and/or Room over a range of one to 44 years. These
were rescheduled. Accordingly, the W12–140 on the ground level of the applicants report no severe
FHWA and the PANYNJ are extending West Building, 1200 New Jersey Avenue hypoglycemic reactions resulting in loss
the public comment period for the Cross SE., Washington, DC, between 9 a.m. of consciousness or seizure, requiring
Harbor Freight Program Tier 1 DEIS and 5 p.m., Monday through Friday, the assistance of another person, or
until Friday, March 20, 2015. except Federal holidays. resulting in impaired cognitive function
The comprehensive public hearing Privacy Act: In accordance with 5 that occurred without warning
schedule, the DEIS, and list of DEIS U.S.C. 553(c), DOT solicits comments symptoms, in the past 12 months and no
repositories are available on the project from the public to better inform its recurrent (2 or more) severe
Web site: www.crossharborstudy.com. rulemaking process. DOT posts these hypoglycemic episodes in the past 5
Extended Deadline for Public comments, without edit, including any years. In each case, an endocrinologist
Comment Period: Comments on the Tier personal information the commenter verified that the driver has
1 DEIS should be received no later than provides, to www.regulations.gov, as demonstrated a willingness to properly
Friday, March 20, 2015. described in the system of records monitor and manage his/her diabetes
notice (DOT/ALL–14 FDMS), which can mellitus, received education related to
Joseph Ehrlich, be reviewed at www.dot.gov/privacy.
Principal Transportation Planner, Port diabetes management, and is on a stable
Authority New York and New Jersey. II. Background insulin regimen. These drivers report no
Michael Canavan, On December 31, 2014, FMCSA other disqualifying conditions,
Chief Operating Officer, NY Division of published a notice of receipt of Federal including diabetes-related
FHWA/USDOT. diabetes exemption applications from complications. Each meets the vision
[FR Doc. 2015–05243 Filed 3–6–15; 8:45 am] 69 individuals and requested comments requirement at 49 CFR 391.41(b)(10).
BILLING CODE 4910–22–P from the public (79 FR 78938). The The qualifications and medical
public comment period closed on condition of each applicant were stated
January 30, 2015, and no comments and discussed in detail in the December
DEPARTMENT OF TRANSPORTATION were received. 31, 2014, Federal Register notice and
FMCSA has evaluated the eligibility they will not be repeated in this notice.
Federal Motor Carrier Safety of the 69 applicants and determined that III. Discussion of Comments
Administration granting the exemptions to these
individuals would achieve a level of FMCSA received no comments in this
[FMCSA Docket No. FMCSA–2014–0311]
safety equivalent to or greater than the proceeding.
Qualification of Drivers; Exemption level that would be achieved by IV. Basis for Exemption Determination
Applications; Diabetes Mellitus complying with the current regulation
49 CFR 391.41(b)(3). Under 49 U.S.C. 31136(e) and 31315,
AGENCY: Federal Motor Carrier Safety FMCSA may grant an exemption from
Administration (FMCSA), DOT. Diabetes Mellitus and Driving the diabetes requirement in 49 CFR
ACTION: Notice of final disposition. Experience of the Applicants 391.41(b)(3) if the exemption is likely to
The Agency established the current achieve an equivalent or greater level of
SUMMARY: FMCSA confirms its decision requirement for diabetes in 1970 safety than would be achieved without
to exempt 69 individuals from its rule because several risk studies indicated the exemption. The exemption allows
prohibiting persons with insulin-treated that drivers with diabetes had a higher the applicants to operate CMVs in
diabetes mellitus (ITDM) from operating rate of crash involvement than the interstate commerce.
commercial motor vehicles (CMVs) in general population. The diabetes rule To evaluate the effect of these
interstate commerce. The exemptions provides that ‘‘A person is physically exemptions on safety, FMCSA
enable these individuals to operate qualified to drive a commercial motor considered medical reports about the
CMVs in interstate commerce. vehicle if that person has no established applicants’ ITDM and vision, and
DATES: The exemptions were effective medical history or clinical diagnosis of reviewed the treating endocrinologists’
on January 31, 2015. The exemptions diabetes mellitus currently requiring medical opinion related to the ability of
expire on January 31, 2017. the driver to safely operate a CMV while
mstockstill on DSK4VPTVN1PROD with NOTICES

insulin for control’’ (49 CFR
FOR FURTHER INFORMATION CONTACT: 391.41(b)(3)). FMCSA established its using insulin.
Charles A. Horan, III, Director, Carrier, diabetes exemption program, based on Consequently, FMCSA finds that in
Driver and Vehicle Safety Standards, the Agency’s July 2000 study entitled each case exempting these applicants
(202) 366–4001, fmcsamedical@dot.gov, ‘‘A Report to Congress on the Feasibility from the diabetes requirement in 49 CFR
FMCSA, Room W64–224, Department of of a Program to Qualify Individuals with 391.41(b)(3) is likely to achieve a level
Transportation, 1200 New Jersey Insulin-Treated Diabetes Mellitus to of safety equal to that existing without
Avenue, SE., Washington, DC 20590– Operate in Interstate Commerce as the exemption.

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12546 Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Notices

V. Conditions and Requirements Dale H. Hintz (WI) DEPARTMENT OF TRANSPORTATION
The terms and conditions of the Benjamin D. Horton (VA)
Danny R. Jackson, Jr. (OR) Federal Aviation Administration
exemption will be provided to the
applicants in the exemption document Brian C. Jagdman (MD)
Notice of Intent To Rule on Request to
and they include the following: (1) That Terry J. Johnson (MD) Release Airport Property From
each individual submit a quarterly Robert L. Johnson, Jr. (OK) Aeronautical Use at the Grand
monitoring checklist completed by the John F. Jones (OH) Junction Regional Airport, Grand
treating endocrinologist as well as an Michael W. Jones (NJ) Junction, Colorado
annual checklist with a comprehensive Carl J. Kern, Jr. (PA)
medical evaluation; (2) that each William C. Knight (TN) AGENCY: Federal Aviation
individual reports within 2 business Monte J. Lakosky (MI) Administration (FAA), DOT.
days of occurrence, all episodes of Aaron J. Larson (WI) ACTION: Notice of request to release
severe hypoglycemia, significant Roger L. Larson (SD) airport property from aeronautical use.
complications, or inability to manage Jeffrey G. Lawrence (AR)
diabetes; also, any involvement in an SUMMARY: The FAA proposes to rule and
Leo D. Maggioli (MA) invite public comment on the release of
accident or any other adverse event in
Ryan M. McClatchey (TN) land from aeronautical use at the Grand
a CMV or personal vehicle, whether or
not it is related to an episode of Carl A. Mears, Jr. (VT) Junction Regional Airport under the
hypoglycemia; (3) that each individual Laurence R. Middendorf (PA) provisions of Section 125 of the
provide a copy of the ophthalmologist’s Robert P. Miller (WI) Wendell H. Ford Aviation Investment
or optometrist’s report to the medical James E. Neeley (MO) Reform Act for the 21st Century (AIR
examiner at the time of the annual Nicholas M. Palocy (NY) 21), now 49 U.S.C. 47107(h)(2).
medical examination; and (4) that each Andrew S. Parks (CA) DATES: Comments must be received on
individual provide a copy of the annual John D. Patterson (OH) or before April 8, 2015.
medical certification to the employer for Michael W. Perez (OH) ADDRESSES: Comments on this
retention in the driver’s qualification Jerry Platero (NM) application may be mailed or delivered
file, or keep a copy in his/her driver’s Darrell K. Rau (IA) to the FAA at the following address: Mr.
qualification file if he/she is self- Andrew B. Renninger (PA) John P. Bauer, Manager, Federal
employed. The driver must also have a Ryan T. Rock (ID) Aviation Administration, Northwest
copy of the certification when driving, Wilfredo Rodriguez (NY) Mountain Region, Airports Division,
for presentation to a duly authorized James T. Rogers (NC) Denver Airports District Office, 26805 E.
Federal, State, or local enforcement 68th Avenue, Suite 224, Denver,
Mark A. Santana (PA)
official. Colorado 80249–6361.
Donald E. Scovil (NH) In addition, one copy of any
VI. Conclusion David E. Shinen (CA) comments submitted to the FAA must
Patrick A. Shryock (AR) be mailed or delivered to Mr. Ben
Based upon its evaluation of the 69
exemption applications, FMCSA Trevor J. Swanson (MN) Johnson, Interim Airport Manager,
exempts the following drivers from the Joshua C. Thompson (AZ) Grand Junction Regional Airport, Grand
diabetes requirement in 49 CFR Jeffrey D. Thomson (WI) Junction, Colorado, at the following
391.41(b)(10), subject to the Marshall L. Wainwright (IL) address: Mr. Ben Johnson, Interim
requirements cited above 949 CFR Robert L. Whipple, Sr. (PA) Airport Manager, Grand Junction
391.64(b)): Glenn Whitehouse (PA) Regional Airport, 2828 Walker Field
Joseph L. Allen (TX) Jennifer R. Williams (PA) Drive, Suite 301, Grand Junction,
Cory T. Anderson (KY) John E. Yates (IN) Colorado 81506.
Ammon Ashby (UT) Jeffrey S. Zimmer (NH) FOR FURTHER INFORMATION CONTACT: Mr.
Wayne A. Aukes (MN) In accordance with 49 U.S.C. 31136(e) Marc Miller, Colorado Engineer/
Ira M. Avant (UT) and 31315 each exemption is valid for Compliance Specialist, Federal Aviation
Eric W. Beasley (GA) two years unless revoked earlier by Administration, Northwest Mountain
Freddie W. Bermudez, Jr. (IL) FMCSA. The exemption will be revoked Region, Denver Airports District Office,
Evelin B. Black (CA) if the following occurs: (1) The person 26805 E. 68th Avenue, Suite 224,
Derrell K. Blanton (NC) fails to comply with the terms and Denver, Colorado 80249–6361.
Richard A. Boor conditions of the exemption; (2) the The request to release property may
Jimmy R. Bradley (OK) exemption has resulted in a lower level be reviewed, by appointment, in person
Stephen R. Brown (NH) of safety than was maintained before it at this same location.
Kenneth E. Chastain (TN) was granted; or (3) continuation of the SUPPLEMENTARY INFORMATION: The FAA
Jeffrey C. Colbert (AR) exemption would not be consistent with invites public comment on the request
Nathan W. Cooper (IN) the goals and objectives of 49 U.S.C. to release property at the Grand Junction
Gregory F. Darmody (RI) 31136(e) and 31315. If the exemption is Regional Airport under the provisions of
David A. Decker (MD) still effective at the end of the 2-year the AIR 21 (49 U.S.C. 47107(h)(2)).
Kenny I. Dickerson (GA) period, the person may apply to FMCSA The FAA Modernization and Reform
mstockstill on DSK4VPTVN1PROD with NOTICES

James M. DiClaudio (NJ) for a renewal under procedures in effect Act of 2012, HR 658, Section 817, gave
Steven A. Dion (NY) at that time. the Secretary of Transportation the
Dean R. Duquette (ME) authorization to grant an airport, city, or
Dated: March 2, 2015. county release from any of the terms,
Joseph J. Eckstrom (NY)
Ashford N. Eskaran (HI) Larry W. Minor, conditions, reservations, or restrictions
Tyrone A. Green (NY) Associate Administrator for Policy. contained in a deed under which the
Morgan D. Hale, Jr. (KY) [FR Doc. 2015–05239 Filed 3–6–15; 8:45 am] United States conveyed to the airport,
James J. Hartman (SD) BILLING CODE P city, or county an interest in real

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Document Created: 2015-12-18 12:05:39
Document Modified: 2015-12-18 12:05:39

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 effective on January 31, 2015. The exemptions expire on January 31, 2017.
Contact		Charles A. Horan, III, Director, Carrier, Driver and Vehicle Safety Standards, (202) 366-4001, [email protected], FMCSA, Room W64-224, Department of Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., Monday through Friday, except Federal holidays.
FR Citation		80 FR 12545

80 FR 12545 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 80, Issue 45 (March 9, 2015)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration