80 FR 19732 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 80, Issue 70 (April 13, 2015)
Federal Motor Carrier Safety Administration
Federal Register Volume 80, Issue 70 (April 13, 2015)
| Page Range | 19732-19734 | |
| FR Document | 2015-08413 |
[Federal Register Volume 80, Number 70 (Monday, April 13, 2015)] [Notices] [Pages 19732-19734] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-08413] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA-2014-0312] 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 February 24, 2015. The exemptions expire on February 24, 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 [[Page 19733]] 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 January 23, 2014, FMCSA published a notice of receipt of Federal diabetes exemption applications from 69 individuals and requested comments from the public (80 FR 3724). The public comment period closed on February 23, 2015, and three 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 29 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 January 23, 2014, Federal Register notice and they will not be repeated in this notice. III. Discussion of Comments FMCSA received three comments in this proceeding. The comments are discussed below. The American Trucking Associations, Inc. (ATA) submitted a comment stating, ``ATA believes that the increased volume of applications for exemption from parts of 49 CFR 391.41 is cause for concern. The granting of such a large number of exemptions dilutes the physical qualification standards and constitutes regulation through exemption. FMCSA must begin a dialogue on the need and effectiveness of these standards. If it is determined that these standards need to be altered, it must be done through the formal rulemaking process.'' FMCSA is engaged in a formal rulemaking process, and is preparing to publish an NPRM in the spring of this year. Scott Cleveland submitted a comment stating the Federal Register notice did not tell him if he was approved. As stated in the notice, all drivers listed will receive an exemption effective the day after the close of the request for comments period, barring any negative comments. An anonymous commenter submitted a comment stating that the Federal Register notice requesting comments does not state whether people are being granted an exemption because the comment period must end before the final determination is made. 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. 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)): [[Page 19734]] Bryan L. Anderson (WA), Travis K. Archer (ME), Michael R. Batham (CA), Victor M. Beltran-Araujo (ID), Charles A. Best (OH), Cassandra J. Braford (MN), Mark E. Buchholz (SD), Richard E. Buthy (NJ), George E. Carle (CO), Jamey S. Carney (IA), Bryan D. Carpenter (NC), Michael G. Cary (MN), John G. Castilaw (MS), Dominick Cicala (NJ), Scott E. Clevelan (KY), Adam C. Cochran (GA), Michael R. Cummings (VA), David L. Dalheim (NY), Brian Dick (MD), Timothy B. Duelke (ID), Cory A. Duncan (OR), Terrence J. Dunne (NJ), David L. Eklund (IL), Yoshitsugu Endo (NY), Barry K. Foster (TX), Robert Fugate (OH), John A. Georg (IA), Francis J. Gernatt, Jr. (NY), Mark A. Haines (WV), Ivan G. Hanford (OR), James L. Harman, III (VA), James R. Hoyle (TX), George E. Huften (CT), John M. Ippolito (NY), Allan L. Jameson (NE), Erik D. Kemmer (MN), Mark L. Knobel, Sr. (MD), Joseph E. Knox, Sr., Erik M. Lane (NY), Jacob C. Liebl (ND), Galen H. Martin (PA), James D. Martin (IN), John M. McCabe (IL), Kevin F. McGlade (PA), Brett J. Mellor (ID), Kenneth M. Merritt (CA), Douglas D. Milligan (WA), Charles E. Morgan (LA), Richard D. Neal (TN), Gary Anthony Alfred H. Nelson (FL), Robert E. Perdue (WA), Christie M. Rose (TX), John E. Sautkulis (NY), Kevin D. Schlichting (PA), Ronnie L. Schronce (NC), Richard A. Sharpe (MN), William F. Smith (DE), Richard W. Stultz (IN), Robin W. Swasey (UT), Michelle P. Thibeault (ME), Michael L. Thrasher (AL), Melinda K. Topel (MO), Steven R. Vance (TX), William D. VanReese (MN), Ellis J. Vest, Jr. (WV), Herbert E. Wachtel (MN), Kendall G. Webster (OR), Christopher J. Wilson (PA), Mark P. Zimmerman (NV). 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. Issued on: April 3, 2015. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2015-08413 Filed 4-10-15; 8:45 am] BILLING CODE 4910-EX-P
![19732 Federal Register / Vol. 80, No. 70 / Monday, April 13, 2015 / Notices
dosage and frequency remaining the Robert D. Richter, Sr. surgical procedure to remove a foreign
same since 2004. If granted the Mr. Richter is a 58 year-old driver in body from his head. He takes anti-
exemption, he would like to drive a Pennsylvania. He has a history of a seizure medication with the dosage and
CMV. His physician states that he is seizure disorder and has remained frequency remaining the same since
supportive of Mr. Green receiving an seizure free since 1976. He takes anti- 2006. If granted the exemption, he
exemption. seizure medication with the dosage and would like to drive a CMV. His
frequency remaining the same since that physician states that he is supportive of
Susie B. Harvey Mr. Williams receiving an exemption.
time. If granted the exemption, he
Ms. Harvey is a 64 year-old class B would like to drive a CMV. His Request for Comments
CDL holder in Virginia. She has a physician states that he is supportive of
Mr. Richter receiving an exemption. In accordance with 49 U.S.C. 31315
history of epilepsy and has remained and 31136(e), FMCSA requests public
seizure free since 1985. She takes anti- Robert R. Rosebrough, Jr. comment from all interested persons on
seizure medication with the dosage and the exemption applications described in
Mr. Rosebrough is a 45 year-old class
frequency remaining the same since that this notice. We will consider all
A CDL holder in Ohio. He has a history
time. If granted the exemption, she comments received before the close of
of epilepsy and has remained seizure
would like to drive a CMV. Her business on the closing date indicated
free since May 2014. He takes anti-
physician states that he is supportive of seizure medication with the dosage and earlier in the notice.
Ms. Harvey receiving an exemption. frequency remaining the same since Issued on: April 7, 2015.
Timothy G. Huntley November 2014. If granted the Larry W. Minor,
exemption, he would like to drive a Associate Administrator for Policy.
Mr. Huntley is a 40 year-old class B CMV. His physician states that since it
[FR Doc. 2015–08392 Filed 4–10–15; 8:45 am]
CDL holder in Maine. He has a history has only been nine months since his last
BILLING CODE 4910–EX–P
of a seizure disorder and has remained event of loss of consciousness, Mr.
seizure free since 2000. He takes anti- Rosebrough may drive his personal
seizure medication with the dosage and vehicle until he has been seizure free for DEPARTMENT OF TRANSPORTATION
frequency remaining the same since that 8 years.
time. If granted the exemption, he Federal Motor Carrier Safety
Michael Scott Shumake
would like to drive a CMV. His Administration
physician states that he is supportive of Mr. Shumake is a 37 year-old driver
Mr. Huntley receiving an exemption. in Virginia. He has a history of a seizure [FMCSA Docket No. FMCSA–2014–0312]
disorder and has remained seizure free
Robert Isaac Keen, Jr. since 2000. He takes anti-seizure Qualification of Drivers; Exemption
medication with the dosage and Applications; Diabetes Mellitus
Mr. Keen is a 66 year-old driver in
frequency remaining the same since AGENCY: Federal Motor Carrier Safety
Virginia. He has a history of a seizure
2001. If granted the exemption, he Administration (FMCSA), DOT.
disorder and has remained seizure free would like to drive a CMV. His
since 2012. He takes anti-seizure ACTION: Notice of final disposition.
physician states that he is supportive of
medication with the dosage and Mr. Shumake receiving an exemption. SUMMARY: FMCSA confirms its decision
frequency remaining the same since that
Charles Ray Taylor to exempt 69 individuals from its rule
time. If granted the exemption, he
prohibiting persons with insulin-treated
would like to drive a CMV. His Mr. Taylor is a 49 year-old class A diabetes mellitus (ITDM) from operating
physician states that he is supportive of CDL holder in Mississippi. He has a commercial motor vehicles (CMVs) in
Mr. Keen receiving an exemption. history of a single seizure in 2009. He interstate commerce. The exemptions
Chance Joseph O’Mary takes anti-seizure medication with the enable these individuals to operate
dosage and frequency remaining the CMVs in interstate commerce.
Mr. O’Mary is a 29 year-old class A same since that time. If granted the DATES: The exemptions were effective
CDL holder in Alaska. He has a history exemption, he would like to drive a on February 24, 2015. The exemptions
of a seizure disorder and has remained CMV. His physician states that he is expire on February 24, 2017.
seizure free since 2005. He takes anti- supportive of Mr. Taylor receiving an
FOR FURTHER INFORMATION CONTACT:
seizure medication with the dosage and exemption.
Charles A. Horan, III, Director, Carrier,
frequency remaining the same since that Karin Hawley Wagasy Driver and Vehicle Safety Standards,
time. If granted the exemption, he (202) 366–4001, fmcsamedical@ dot.gov,
would like to drive a CMV. His Ms. Wagasy is a 58 year-old driver in
Tennessee. She has a history of a seizure FMCSA, Room W64–224, Department of
physician states that he is supportive of Transportation, 1200 New Jersey
Mr. O’Mary receiving an exemption. disorder and has remained seizure free
since 1975. She takes anti-seizure Avenue SE., Washington, DC 20590–
Larry Todd Lintelman medication with the dosage and 0001. Office hours are from 8:30 a.m. to
frequency remaining the same since that 5 p.m., Monday through Friday, except
Mr. Lintelman is a 48 year-old class time. If granted the exemption, she Federal holidays.
A CDL holder in Alaska. He has a would like to drive a CMV. Her SUPPLEMENTARY INFORMATION:
history of seizures and has remained
mstockstill on DSK4VPTVN1PROD with NOTICES
physician states that he is supportive of
seizure free since 2012. He takes anti- I. Electronic Access
Ms. Wagasy receiving an exemption.
seizure medication with the dosage and You may see all the comments online
frequency remaining the same since that Trever A. Williams through the Federal Document
time. If granted the exemption, he Mr. Williams is a 44 year-old class A Management System (FDMS) at: http://
would like to drive a CMV. His CDL holder in Minnesota. He has a www.regulations.gov.
physician states that he is supportive of history of a single seizure in 1983 which Docket: For access to the docket to
Mr. Lintelman receiving an exemption. occurred postoperatively, after a read background documents or
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![19734 Federal Register / Vol. 80, No. 70 / Monday, April 13, 2015 / Notices
Bryan L. Anderson (WA), Travis K. Issued on: April 3, 2015. Updates, (4) Review Action Items, (5)
Archer (ME), Michael R. Batham (CA), Larry W. Minor, Summary and Adjourn.
Victor M. Beltran-Araujo (ID), Charles Associate Administrator for Policy. The teleconference will be open to the
A. Best (OH), Cassandra J. Braford [FR Doc. 2015–08413 Filed 4–10–15; 8:45 am] public, but limited conference lines will
(MN), Mark E. Buchholz (SD), Richard BILLING CODE 4910–EX–P
be available on a first-come, first-served
E. Buthy (NJ), George E. Carle (CO), basis. Members of the public who wish
Jamey S. Carney (IA), Bryan D. to participate in the teleconference must
Carpenter (NC), Michael G. Cary DEPARTMENT OF TRANSPORTATION submit a request to ITSPAC@dot.gov,
(MN), John G. Castilaw (MS), not later than May 6, 2015. In addition,
Dominick Cicala (NJ), Scott E. Pipeline and Hazardous Materials for planning purposes, your request
Safety Administration must also indicate whether you wish to
Clevelan (KY), Adam C. Cochran
present oral statements during the
(GA), Michael R. Cummings (VA), [Docket No. PHMSA–2014–0014]
teleconference.
David L. Dalheim (NY), Brian Dick Questions about the agenda or written
(MD), Timothy B. Duelke (ID), Cory A. Pipeline Safety: Public Workshop on
Pipeline Safety Management Systems comments may be submitted by U.S.
Duncan (OR), Terrence J. Dunne (NJ), Mail to: U.S. Department of
David L. Eklund (IL), Yoshitsugu Correction Transportation, Office of the Assistant
Endo (NY), Barry K. Foster (TX), Secretary for Research and Technology,
In notice document 2015–08115
Robert Fugate (OH), John A. Georg appearing on pages 19113–19114 in the ITS Joint Program Office, Attention:
(IA), Francis J. Gernatt, Jr. (NY), Mark issue of April 9, 2015, make the Stephen Glasscock, 1200 New Jersey
A. Haines (WV), Ivan G. Hanford following correction: Avenue SE., HOIT, Washington, DC
(OR), James L. Harman, III (VA), James On page 19113, in the second column, 20590 or faxed to (202) 493–2027. The
R. Hoyle (TX), George E. Huften (CT), under the DATES heading, in the third ITS JPO requests that written comments
John M. Ippolito (NY), Allan L. line, ‘‘8:00 a.m. to 4:30 p.m. EST’’ be submitted not later than May 6, 2015.
Jameson (NE), Erik D. Kemmer (MN), should read ‘‘8:00 a.m. to 4:30 p.m. Notice of this teleconference is
Mark L. Knobel, Sr. (MD), Joseph E. CST’’. provided in accordance with the Federal
Knox, Sr., Erik M. Lane (NY), Jacob C. [FR Doc. C1–2015–08115 Filed 4–9–15; 4:15 pm]
Advisory Committee Act and the
Liebl (ND), Galen H. Martin (PA), General Services Administration
BILLING CODE 1505–01–D
James D. Martin (IN), John M. McCabe regulations (41 CFR part 102–3)
(IL), Kevin F. McGlade (PA), Brett J. covering management of Federal
Mellor (ID), Kenneth M. Merritt (CA), DEPARTMENT OF TRANSPORTATION advisory committees.
Douglas D. Milligan (WA), Charles E. Issued in Washington, DC, on the 8 day of
Morgan (LA), Richard D. Neal (TN), Intelligent Transportation Systems April, 2015.
Gary Anthony Alfred H. Nelson (FL), Program Advisory Committee; Notice Stephen Glasscock,
Robert E. Perdue (WA), Christie M. of Meeting Designated Federal Official, ITS Joint
Rose (TX), John E. Sautkulis (NY), AGENCY: ITS Joint Program Office, Office Program Office.
Kevin D. Schlichting (PA), Ronnie L. of the Assistant Secretary for Research [FR Doc. 2015–08403 Filed 4–10–15; 8:45 am]
Schronce (NC), Richard A. Sharpe and Technology, U.S. Department of BILLING CODE 4910–22–P
(MN), William F. Smith (DE), Richard Transportation.
W. Stultz (IN), Robin W. Swasey (UT), ACTION: Notice.
Michelle P. Thibeault (ME), Michael DEPARTMENT OF THE TREASURY
L. Thrasher (AL), Melinda K. Topel The Intelligent Transportation
(MO), Steven R. Vance (TX), William Systems (ITS) Program Advisory Office of the Comptroller of the
Committee (ITSPAC) will hold a Currency
D. VanReese (MN), Ellis J. Vest, Jr.
(WV), Herbert E. Wachtel (MN), teleconference on May 13, 2015, from [Docket ID OCC–2015–0002]
1:00 p.m. to 2:00 p.m. (EDT).
Kendall G. Webster (OR), Christopher
The ITSPAC, established under Mutual Savings Association Advisory
J. Wilson (PA), Mark P. Zimmerman Section 5305 of Public Law 109–59,
(NV). Committee
Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for AGENCY: Office of the Comptroller of the
In accordance with 49 U.S.C. 31136(e) Currency, Department of the Treasury.
and 31315 each exemption is valid for Users, August 10, 2005, and re-
established under Section 53003 of ACTION: Notice of Federal Advisory
two years unless revoked earlier by
Public Law 112–141, Moving Ahead for Committee Meeting.
FMCSA. The exemption will be revoked
Progress in the 21st Century, July 6,
if the following occurs: (1) The person SUMMARY: The Office of the Comptroller
2012, was created to advise the
fails to comply with the terms and of the Currency (OCC) announces a
Secretary of Transportation on all
conditions of the exemption; (2) the matters relating to the study, meeting of the Mutual Savings
exemption has resulted in a lower level development, and implementation of Association Advisory Committee
of safety than was maintained before it intelligent transportation systems. (MSAAC).
was granted; or (3) continuation of the Through its sponsor, the ITS Joint DATES: A public meeting of the MSAAC
exemption would not be consistent with
mstockstill on DSK4VPTVN1PROD with NOTICES
Program Office (JPO), the ITSPAC makes will be held on Tuesday, April 28, 2015,
the goals and objectives of 49 U.S.C. recommendations to the Secretary beginning at 8:00 a.m. Eastern Daylight
31136(e) and 31315. If the exemption is regarding ITS Program needs, objectives, Time (EDT). Members of the public may
still effective at the end of the 2-year plans, approaches, content, and submit written statements to the
period, the person may apply to FMCSA progress. MSAAC. The OCC must receive written
for a renewal under procedures in effect The following is a summary of the statements no later than Thursday, April
at that time. meeting tentative agenda: (1) Welcome, 23, 2015. Members of the public who
(2) Meeting Purpose, (3) Subcommittee plan to attend the meeting, and
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Document Created: 2015-12-18 11:22:02
Document Modified: 2015-12-18 11:22:02
| 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 February 24, 2015. The exemptions expire on February 24, 2017. | |
| Contact | Charles A. Horan, III, Director, Carrier, Driver and Vehicle Safety Standards, (202) 366-4001, [email protected] 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. | |
| FR Citation | 80 FR 19732 |
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