80 FR 14232 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 80, Issue 52 (March 18, 2015)
Federal Motor Carrier Safety Administration
Federal Register Volume 80, Issue 52 (March 18, 2015)
| Page Range | 14232-14238 | |
| FR Document | 2015-06175 |
[Federal Register Volume 80, Number 52 (Wednesday, March 18, 2015)] [Notices] [Pages 14232-14238] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-06175] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2014-0314] Qualification of Drivers; Exemption Applications; Diabetes Mellitus AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of applications for exemptions request for comments. ----------------------------------------------------------------------- SUMMARY: FMCSA announces receipt of applications from 39 individuals for exemption from the prohibition against persons with insulin-treated diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) 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 April 17, 2015. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA-2014-0314 using any of the following methods:Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line 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., Monday through Friday, except Federal Holidays. Fax: 1-202-493-2251. Instructions: Each submission must include the Agency name and the docket numbers 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:// [[Page 14233]] 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., Monday through Friday, except Federal holidays. The Federal Docket Management System (FDMS) is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a self-addressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments on-line. 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. FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director, Carrier, Driver and Vehicle Safety Standards, (202) 366-4001, [email protected], 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., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: I. Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the Federal Motor Carrier Safety Regulations for a 2-year period if it finds ``such exemption would likely achieve a level of safety that is equivalent to or greater than the level that would be achieved absent such exemption.'' The statute also allows the Agency to renew exemptions at the end of the 2-year period. The 39 individuals listed in this notice have recently requested such an exemption from the diabetes prohibition in 49 CFR 391.41(b)(3), which applies to drivers of CMVs in interstate commerce. Accordingly, the Agency will evaluate the qualifications of each applicant to determine whether granting the exemption will achieve the required level of safety mandated by statute. II. Qualifications of Applicants Scott A. Anderson Mr. Anderson, 54, has had ITDM since 2014. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Anderson understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Anderson meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2014 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Minnesota. Thomas F. Belloli Mr. Belloli, 59, has had ITDM since 2007. His endocrinologist examined him in 2014 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Belloli understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Belloli meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2014 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Massachusetts. Peter A. Breister Mr. Breister, 51, has had ITDM since 2004. His endocrinologist examined him in 2014 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Breister understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Breister meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2014 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Wisconsin. Donald J. Carino Mr. Carino, 28, has had ITDM since 2012. His endocrinologist examined him in 2014 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Carino understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Carino meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2014 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Illinois. Marc B. Curtis Mr. Curtis, 63, has had ITDM since 2014. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Curtis understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Curtis meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2014 and certified that he does not have diabetic retinopathy. He holds an operator's license from Nevada. Aaron M. Dixon Mr. Dixon, 24, has had ITDM since 1999. His endocrinologist examined him in 2014 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Dixon understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Dixon meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2014 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from South Dakota. [[Page 14234]] Kara A. Edmondson Ms. Edmondson, 25, has had ITDM since 1997. Her endocrinologist examined her in 2014 and certified that she has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. Her endocrinologist certifies that Ms. Edmondson understands diabetes management and monitoring has stable control of her diabetes using insulin, and is able to drive a CMV safely. Ms. Edmondson meets the requirements of the vision standard at 49 CFR 391.41(b)(10). Her ophthalmologist examined her in 2014 and certified that she does not have diabetic retinopathy. She holds an operator's license from Alabama. James Gentile Mr. Gentile, 56, has had ITDM since 2014. His endocrinologist examined him in 2014 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Gentile understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Gentile meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2014 and certified that he does not have diabetic retinopathy. He holds a Class B CDL from New Jersey. Bradley O. Gibson Mr. Gibson, 29, has had ITDM since 2000. His endocrinologist examined him in 2014 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Gibson understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Gibson meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2014 and certified that he does not have diabetic retinopathy. He holds a Class B CDL from Texas. Christopher L. Gossetti Mr. Gossetti, 43, has had ITDM since 1988. His endocrinologist examined him in 2014 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Gossetti understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Gossetti meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2014 and certified that he has stable proliferative diabetic retinopathy. He holds an operator's license from Rhode Island. Theodore F. Griffith Mr. Griffith, 48, has had ITDM since 2014. His endocrinologist examined him in 2014 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Griffith understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Griffith meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2014 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Massachusetts. Lawrence E. Handel Mr. Handel, 69, has had ITDM since 2014. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Handel understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Handel meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Oregon. Danny P. Hersh Mr. Hersh, 70, has had ITDM since 2005. His endocrinologist examined him in 2014 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Hersh understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Hersh meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2014 and certified that he does not have diabetic retinopathy. He holds a Class B CDL from Nebraska. Timothy S. Houghton Mr. Houghton, 48, has had ITDM since 2011. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Houghton understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Houghton meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds an operator's license from Massachusetts. Bryan W. Hughes-Gariepy Mr. Hughes-Gariepy, 42, has had ITDM since 2011. His endocrinologist examined him in 2014 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies [[Page 14235]] that Mr. Hughes-Gariepy understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Hughes-Gariepy meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from New York. James L. Johnson Mr. Johnson, 54, has had ITDM since 2010. His endocrinologist examined him in 2014 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Johnson understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Johnson meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2015 and certified that he has stable nonproliferative diabetic retinopathy. He holds an operator's license from Georgia. Anthony D. Lake Mr. Lake, 50, has had ITDM since 2014. His endocrinologist examined him in 2014 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Lake understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Lake meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2014 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from North Carolina. Thomas Landis Mr. Landis, 76, has had ITDM since 2012. His endocrinologist examined him in 2014 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Landis understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Landis meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2014 and certified that he does not have diabetic retinopathy. He holds a Class B CDL from Illinois. John T. Lohr Mr. Lohr, 57, has had ITDM since 1985. His endocrinologist examined him in 2014 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Lohr understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Lohr meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Pennsylvania. Grant L. Lupold Mr. Lupold, 57, has had ITDM since 2014. His endocrinologist examined him in 2014 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Lupold understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Lupold meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Pennsylvania. Nathan R. McGathey Mr. McGathey, 30, has had ITDM since 2006. His endocrinologist examined him in 2014 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. McGathey understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. McGathey meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2014 and certified that he does not have diabetic retinopathy. He holds an operator's license from Indiana. Mark A. Mesnard Mr. Mesnard, 60, has had ITDM since 2014. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Mesnard understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Mesnard meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Ohio. Gene K. Milburn Mr. Milburn, 63, has had ITDM since 2014. His endocrinologist examined him in 2014 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Milburn understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Milburn meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2014 and certified that he has stable nonproliferative diabetic retinopathy. He holds a Class B CDL from Idaho. William J. Miles Mr. Miles, 54, has had ITDM since 1990. His endocrinologist examined him in 2014 and certified that he has had no severe hypoglycemic reactions resulting [[Page 14236]] in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Miles understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Miles meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2014 and certified that he does not have diabetic retinopathy. He holds a Class B CDL from New York. Andrew M. Oliver Mr. Oliver, 45, has had ITDM since 1991. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Oliver understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Oliver meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds a chauffeur's license from Michigan. Spencer J. Olson Mr. Olson, 69, has had ITDM since 2012. His endocrinologist examined him in 2014 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Olson understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Olson meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2014 and certified that he has stable nonproliferative diabetic retinopathy. He holds a Class A CDL from Idaho. Richard L. Peak Mr. Peak, 68, has had ITDM since 2014. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Peak understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Peak meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Kansas. Anthony P. Reith Mr. Reith, 64, has had ITDM since 2014. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Reith understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Reith meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2014 and certified that he has stable nonproliferative diabetic retinopathy. He holds a Class B CDL from Pennsylvania. Peter A. Rubinetti Mr. Rubinetti, 50, has had ITDM since 2012. His endocrinologist examined him in 2014 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Rubinetti understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Rubinetti meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2014 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from New Jersey. Steven Smith Mr. Smith, 53, has had ITDM since 2009. His endocrinologist examined him in 2014 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Smith understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Smith meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2014 and certified that he has stable nonproliferative diabetic retinopathy. He holds an operator's license from Florida. Robert L. Snyder Mr. Snyder, 47, has had ITDM since 2014. His endocrinologist examined him in 2014 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Snyder understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Snyder meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2014 and certified that he does not have diabetic retinopathy. He holds an operator's license from Massachusetts. John H. Spierings Mr. Spierings, 69, has had ITDM since 2004. His endocrinologist examined him in 2014 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Spierings understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Spierings meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist [[Page 14237]] examined him in 2015 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Wisconsin. Robert E. Stokes Mr. Stokes, 66, has had ITDM since 2013. His endocrinologist examined him in 2014 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Stokes understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Stokes meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2014 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Washington. Corey R. Strum Mr. Strum, 36, has had ITDM since 2014. His endocrinologist examined him in 2014 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Strum understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Strum meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2014 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Indiana. Rick M. Vierstraete Mr. Vierstraete, 50, has had ITDM since 2014. His endocrinologist examined him in 2014 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Vierstraete understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Vierstraete meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2014 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Minnesota. Christopher W. Williams Mr. Williams, 34, has had ITDM since 2013. His endocrinologist examined him in 2015 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Williams understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Williams meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Idaho. James M. Wilson Mr. Wilson, 55, has had ITDM since 2013. His endocrinologist examined him in 2014 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Wilson understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Wilson meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2015 and certified that he does not have diabetic retinopathy. He holds a Class E CDL from Michigan. Robert L. Witt Mr. Witt, 46, has had ITDM since 1982. His endocrinologist examined him in 2014 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Witt understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Witt meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2014 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Vermont. Paul G. Wright Mr. Wright, 22, has had ITDM since 2004. His endocrinologist examined him in 2014 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Wright understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Wright meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2014 and certified that he does not have diabetic retinopathy. He holds an operator's license from Colorado. III. Request for Comments In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests public comment from all interested persons on the exemption petitions described in this notice. We will consider all comments received before the close of business on the closing date indicated in the date section of the notice. FMCSA notes that section 4129 of the Safe, Accountable, Flexible and Efficient Transportation Equity Act: A Legacy for Users requires the Secretary to revise its diabetes exemption program established on September 3, 2003 (68 FR 52441).\1\ The revision must provide for individual assessment of drivers with diabetes mellitus, and be consistent with the criteria described in section 4018 of the Transportation Equity Act for the 21st Century (49 U.S.C. 31305). --------------------------------------------------------------------------- \1\ Section 4129(a) refers to the 2003 notice as a ``final rule.'' However, the 2003 notice did not issue a ``final rule'' but did establish the procedures and standards for issuing exemptions for drivers with ITDM. --------------------------------------------------------------------------- Section 4129 requires: (1) Elimination of the requirement for 3 years of experience operating CMVs while being treated with insulin; and (2) establishment of a specified minimum period of insulin use to demonstrate stable control of diabetes before being allowed to operate a CMV. In response to section 4129, FMCSA made immediate revisions to the diabetes exemption program established [[Page 14238]] by the September 3, 2003 notice. FMCSA discontinued use of the 3-year driving experience and fulfilled the requirements of section 4129 while continuing to ensure that operation of CMVs by drivers with ITDM will achieve the requisite level of safety required of all exemptions granted under 49 U.S.C. 31136 (e). Section 4129(d) also directed FMCSA to ensure that drivers of CMVs with ITDM are not held to a higher standard than other drivers, with the exception of limited operating, monitoring and medical requirements that are deemed medically necessary. The FMCSA concluded that all of the operating, monitoring and medical requirements set out in the September 3, 2003 notice, except as modified, were in compliance with section 4129(d). Therefore, all of the requirements set out in the September 3, 2003 notice, except as modified by the notice in the Federal Register on November 8, 2005 (70 FR 67777), remain in effect. IV. Submitting Comments You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so that FMCSA can contact you if there are questions regarding your submission. To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number FMCSA-2014-0314 and click the search button. When the new screen appears, click on the blue ``Comment Now!'' button on the right hand side of the page. On the new page, enter information required including the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period and may change this proposed rule based on your comments. FMCSA may issue a final rule at any time after the close of the comment period. V. Viewing Comments and Documents To view comments, as well as any documents mentioned in this preamble, To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number FMCSA-2014-0314 and click ``Search.'' Next, click ``Open Docket Folder'' and you will find all documents and comments related to the proposed rulemaking. Issued On: March 12, 2015. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2015-06175 Filed 3-17-15; 8:45 am] BILLING CODE P
![14232 Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Notices
PSV, (202) 366–4325; Federal Motor The exemption is renewed subject to take immediate steps to revoke the Lytx
Carrier Safety Administration, 1200 the requirements that video event exemption.
New Jersey Avenue SE., Washington, recorders installed in CMVs be mounted Issued on: March 12, 2015.
DC 20590–0001. not more than 50mm (2 inches) below T.F. Scott Darling III,
SUPPLEMENTARY INFORMATION: the upper edge of the area swept by the
Acting Administrator.
windshield wipers, and located outside
Background the driver’s sight lines to the road and [FR Doc. 2015–06190 Filed 3–17–15; 8:45 am]
FMCSA has authority under 49 U.S.C. highway signs and signals. The BILLING CODE 4910–EX–P
31136(e) and 31315 to grant exemptions exemption will be valid for two years
from certain parts of the Federal Motor unless rescinded earlier by FMCSA. The
Carrier Safety Regulations. FMCSA must exemption will be rescinded if: (1) DEPARTMENT OF TRANSPORTATION
publish a notice of each exemption Motor carriers and/or commercial motor Federal Motor Carrier Safety
request in the Federal Register (49 CFR vehicles fail to comply with the terms
Administration
381.315(a)). The Agency must provide and conditions of the exemption; (2) the
the public an opportunity to inspect the exemption has resulted in a lower level [Docket No. FMCSA–2014–0314]
information relevant to the application, of safety than was maintained before it
including any safety analyses that have was granted; or (3) continuation of the Qualification of Drivers; Exemption
been conducted. The Agency must also exemption would not be consistent with Applications; Diabetes Mellitus
provide an opportunity for public the goals and objectives of 49 U.S.C. AGENCY: Federal Motor Carrier Safety
comment on the request. 31136(e) and 31315. Administration (FMCSA), DOT.
The Agency reviews safety analyses The Agency believes that extending
ACTION: Notice of applications for
and public comments submitted, and the exemption for another two years
determines whether granting the will likely achieve a level of safety that exemptions request for comments.
exemption would likely achieve a level is equivalent to, or greater than, the SUMMARY: FMCSA announces receipt of
of safety equivalent to, or greater than, level of safety achieved without the applications from 39 individuals for
the level that would be achieved by the exemption because (1) based on the exemption from the prohibition against
current regulation (49 CFR 381.305). technical information available, there is persons with insulin-treated diabetes
The decision of the Agency must be no indication that the video event mellitus (ITDM) operating commercial
published in the Federal Register (49 recorders obstruct drivers’ views of the motor vehicles (CMVs) in interstate
CFR 381.315(b)) with the reasons for roadway, highway signs and commerce. If granted, the exemptions
denying or granting the application and, surrounding traffic; (2) trucks and buses would enable these individuals with
if granted, the name of the person or generally have an elevated seating ITDM to operate CMVs in interstate
class of persons receiving the position which greatly improves the commerce.
exemption, and the regulatory provision forward visual field of the driver, and
from which the exemption is granted. any impairment of available sight lines DATES: Comments must be received on
The notice must also specify the is minimal; and (3) the location within or before April 17, 2015.
effective period and explain the terms the top two inches of the area swept by ADDRESSES: You may submit comments
and conditions of the exemption. The the windshield wiper and out of the bearing the Federal Docket Management
exemption may be renewed (49 CFR driver’s normal sightline is reasonable System (FDMS) Docket No. FMCSA–
381.300(b)). and enforceable at roadside. In addition, 2014–0314 using any of the following
the Agency believes that the use of methods:
Basis for Renewing Exemption • Federal eRulemaking Portal: Go to
video event recorders by fleets to deter
Lytx applied for an exemption from unsafe driving behavior is likely to http://www.regulations.gov. Follow the
49 CFR 393.60(e)(1) to allow the improve the overall level of safety to the on-line instructions for submitting
placement of video event recorders motoring public. comments.
within the area swept by CMV Without the exemption, FMCSA and • Mail: Docket Management Facility;
windshield wipers. On April 15, 2009, the motor carrier industry would be U.S. Department of Transportation, 1200
FMCSA published a notice of final unable to continue to test this New Jersey Avenue SE., West Building
disposition granting the exemption (74 innovative safety management control Ground Floor, Room W12–140,
FR 17549). On April 18, 2011, FMCSA system. Washington, DC 20590–0001.
published a notice of final disposition • Hand Delivery: West Building
renewing this exemption until April 16, Preemption Ground Floor, Room W12–140, 1200
2013 (76 FR 21791). On March 22, 2013, During the period the exemption is in New Jersey Avenue SE., Washington,
FMCSA published a notice of final effect, no State shall enforce any law or DC, between 9 a.m. and 5 p.m., Monday
disposition renewing this exemption regulation that conflicts with this through Friday, except Federal
until April 16, 2015 (78 FR 17750). The exemption with respect to a person Holidays.
renewal outlined in this Notice extends operating under the exemption. • Fax: 1–202–493–2251.
the exemption through April 16, 2017. Instructions: Each submission must
FMCSA is not aware of any evidence Request for Comments include the Agency name and the
showing that the installation of video FMCSA requests comments from docket numbers for this notice. Note
event recorders on CMVs, in accordance parties with data concerning the safety that all comments received will be
mstockstill on DSK4VPTVN1PROD with NOTICES
with the conditions of the original record of CMVs equipped with video posted without change to http://
exemption, has resulted in any event recorders by April 17, 2015. The www.regulations.gov, including any
degradation in safety. FMCSA continues Agency will evaluate any adverse personal information provided. Please
to believe that the potential safety gains evidence submitted and, if safety is see the Privacy Act heading below for
from the use of video event recorders to being compromised or if continuation of further information.
improve driver behavior will improve the exemption would not be consistent Docket: For access to the docket to
the overall level of safety to the with the goals and objectives of 49 read background documents or
motoring public. U.S.C. 31136(e) and 31315, FMCSA will comments, go to http://
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![14238 Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Notices
by the September 3, 2003 notice. provide a reason for each suggestion or ACTION: Notice.
FMCSA discontinued use of the 3-year recommendation. If you submit your
driving experience and fulfilled the comments by mail or hand delivery, SUMMARY: FRA hereby gives notice that
requirements of section 4129 while submit them in an unbound format, no it is submitting the following
continuing to ensure that operation of larger than 81⁄2 by 11 inches, suitable for Information Collection request (ICR) to
CMVs by drivers with ITDM will copying and electronic filing. If you the Office of Management and Budget
achieve the requisite level of safety submit comments by mail and would (OMB) for Emergency processing under
required of all exemptions granted like to know that they reached the the Paperwork Reduction Act of 1995
under 49 U.S.C. 31136 (e). facility, please enclose a stamped, self- and its implementing regulations. FRA
Section 4129(d) also directed FMCSA addressed postcard or envelope.
to ensure that drivers of CMVs with requests that OMB immediately
We will consider all comments and authorize the collection of information
ITDM are not held to a higher standard material received during the comment
than other drivers, with the exception of identified below on March 18, 2015, for
period and may change this proposed
limited operating, monitoring and a period of 180 days.
rule based on your comments. FMCSA
medical requirements that are deemed may issue a final rule at any time after FOR FURTHER INFORMATION CONTACT: A
medically necessary. the close of the comment period. copy of this individual ICR, with
The FMCSA concluded that all of the applicable supporting documentation,
operating, monitoring and medical V. Viewing Comments and Documents
may be obtained by calling FRA’s
requirements set out in the September 3, To view comments, as well as any Clearance Officers: Robert Brogan (tel.
2003 notice, except as modified, were in documents mentioned in this preamble,
compliance with section 4129(d). (202) 493–6292) or Kimberly Toone (tel.
To submit your comment online, go to (202) 493–6132); these numbers are not
Therefore, all of the requirements set http://www.regulations.gov and in the
out in the September 3, 2003 notice, toll-free), or by contacting Mr. Brogan
search box insert the docket number
except as modified by the notice in the via facsimile at (202) 493–6216 or Ms.
FMCSA–2014–0314 and click ‘‘Search.’’
Federal Register on November 8, 2005 Toone via facsimile at (202) 493–6497,
Next, click ‘‘Open Docket Folder’’ and
(70 FR 67777), remain in effect. you will find all documents and or via email by contacting Mr. Brogan at
comments related to the proposed Robert.Brogan@dot.gov; or by contacting
IV. Submitting Comments Ms. Toone at Kim.Toone@dot.gov.
rulemaking.
You may submit your comments and Comments regarding these information
material online or by fax, mail, or hand Issued On: March 12, 2015.
collection requirements should be sent
delivery, but please use only one of Larry W. Minor, directly to the Office of Information and
these means. FMCSA recommends that Associate Administrator for Policy. Regulatory Affairs, Office of
you include your name and a mailing [FR Doc. 2015–06175 Filed 3–17–15; 8:45 am] Management and Budget, 725
address, an email address, or a phone BILLING CODE P Seventeenth Street NW., Washington,
number in the body of your document
DC, 20503, Attention: FRA Desk Officer.
so that FMCSA can contact you if there
Comments may also be sent via email to
are questions regarding your DEPARTMENT OF TRANSPORTATION
submission. OMB at the following address: oira_
To submit your comment online, go to Federal Railroad Administration submissions@omb.eop.gov.
http://www.regulations.gov and in the Title: Railworthiness Directive Under
[Docket No. FRA–2015–0007–N–4]
search box insert the docket number 49 CFR 180.509 for Railroad Tank Cars
FMCSA–2014–0314 and click the search Agency Request for Emergency Equipped With Certain McKenzie Valve
button. When the new screen appears, Processing of Collection of & Machining LLC Valves.
click on the blue ‘‘Comment Now!’’ Information by the Office of Reporting Burden:
button on the right hand side of the Management and Budget
page. On the new page, enter
information required including the AGENCY:Federal Railroad
specific section of this document to Administration (FRA), United States
which each comment applies, and Department of Transportation (USDOT).
Average Total annual
Total annual
Emergency order item No. Respondent universe time per burden
responses response hours
I. Identification of RR tank cars equipped with 100 Tank Car Owners (15,000 af- 200 identifications/re- 2 hours ...... 400 hours.
McKenzie valves & document providing report- fected tank cars). ports.
ing mark and number of each car so equipped
and type of valve to FRA.
—Record of Inspection Date and Location and 100 Tank Car Owners (15,000 af- 200 records ................... 30 minutes 100 hours.
Results of Inspection. fected tank cars).
mstockstill on DSK4VPTVN1PROD with NOTICES
Form Number(s): N/A. Status: Emergency Review. equipped with a certain type of 3 inch
Respondent Universe: 100 Tank Car Description: Recent FRA ball valve marketed and sold by
Owners. investigations identified several railroad McKenzie Valve & Machining LLC
Frequency of Submission: One-time; tank cars transporting hazardous (McKenzie) (formerly McKenzie Valve &
on occasion. materials and leaking small quantities of Machining Company), an affiliate
Total Responses: 400. product from the cars’ liquid lines. company of Union Tank Car Company
Estimated Total Annual Burden: 500 FRA’s investigation revealed that the (UTLX). FRA further found certain
hours. liquid lines of the leaking tank cars were closure plugs installed on the 3 inch
VerDate Sep<11>2014 19:00 Mar 17, 2015 Jkt 235001 PO 00000 Frm 00169 Fmt 4703 Sfmt 4703 E:\FR\FM\18MRN1.SGM 18MRN1](https://thefederalregister.org/doc/80_FR_14284/page/7.svg)
Document Created: 2018-02-21 09:39:32
Document Modified: 2018-02-21 09:39:32
| 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 applications for exemptions request for comments. | |
| Dates | Comments must be received on or before April 17, 2015. | |
| Contact | Charles A. Horan, III, Director, Carrier, Driver and Vehicle Safety Standards, (202) 366-4001, [email protected], 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., Monday through Friday, except Federal holidays. | |
| FR Citation | 80 FR 14232 |
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