80 FR 26986 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 80, Issue 90 (May 11, 2015)
Federal Motor Carrier Safety Administration
Federal Register Volume 80, Issue 90 (May 11, 2015)
| Page Range | 26986-26988 | |
| FR Document | 2015-11312 |
[Federal Register Volume 80, Number 90 (Monday, May 11, 2015)] [Notices] [Pages 26986-26988] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-11312] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA-2014-0314] 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 39 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 April 18, 2015. The exemptions expire on April 18, 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. [[Page 26987]] 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 March 18, 2015, FMCSA published a notice of receipt of Federal diabetes exemption applications from 39 individuals and requested comments from the public (80 FR 14232). The public comment period closed on April 17, 2015, and no comments were received. FMCSA has evaluated the eligibility of the 39 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 39 applicants have had ITDM over a range of one to 33 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 March 18, 2015, 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. 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 39 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)): Scott A. Anderson (MN) Thomas F. Belloli (MA) Peter A. Breister (WI) Donald J. Carino (IL) Marc B. Curtis (NV) Aaron M. Dixon (SD) Kara A. Edmondson (AL) James Gentile (NJ) Bradley O. Gibson (TX) Christopher L. Gossetti (RI) Theodore F. Griffith (MA) Lawrence E. Handel (OR) Danny P. Hersh (NE) Timothy S. Houghton (MA) Bryan W. Hughes-Gariepy (NY) James L. Johnson (GA) Anthony D. Lake (NC) Thomas Landis (IL) John T. Lohr (PA) Grant L. Lupold (PA) Nathan R. McGathey (IN) Mark A. Mesnard (OH) Gene K. Milburn (ID) William J. Miles (NY) Andrew M. Oliver (MI) Spencer J. Olson (ID) [[Page 26988]] Richard L. Peak (KS) Anthony P. Reith (PA) Peter A. Rubinetti (NJ) Steven Smith (FL) Robert L. Snyder (MA) John H. Spierings (WI) Robert E. Stokes (WA) Corey R. Sturm (IN) Rick M. Vierstraete (MN) Christopher W. Williams (ID) James M. Wilson (MI) Robert L. Witt (VT) Paul G. Wright (CO) 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: May 4, 2015. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2015-11312 Filed 5-8-15; 8:45 am] BILLING CODE 4910-EXP
![26986 Federal Register / Vol. 80, No. 90 / Monday, May 11, 2015 / Notices
Rick G. White individual assessment of drivers with recommendation. If you submit your
diabetes mellitus, and be consistent comments by mail or hand delivery,
Mr. White, 61, has had ITDM since
with the criteria described in section submit them in an unbound format, no
2009. His endocrinologist examined him
4018 of the Transportation Equity Act larger than 81⁄2 by 11 inches, suitable for
in 2014 and certified that he has had no
for the 21st Century (49 U.S.C. 31305). copying and electronic filing. If you
severe hypoglycemic reactions resulting Section 4129 requires: (1) Elimination submit comments by mail and would
in loss of consciousness, requiring the of the requirement for 3 years of like to know that they reached the
assistance of another person, or experience operating CMVs while being facility, please enclose a stamped, self-
resulting in impaired cognitive function treated with insulin; and (2) addressed postcard or envelope.
that occurred without warning in the establishment of a specified minimum We will consider all comments and
past 12 months and no recurrent (2 or period of insulin use to demonstrate material received during the comment
more) severe hypoglycemic episodes in stable control of diabetes before being period and may change this proposed
the last 5 years. His endocrinologist allowed to operate a CMV. rule based on your comments. FMCSA
certifies that Mr. White understands In response to section 4129, FMCSA may issue a final rule at any time after
diabetes management and monitoring, made immediate revisions to the the close of the comment period.
has stable control of his diabetes using diabetes exemption program established
insulin, and is able to drive a CMV by the September 3, 2003 notice. V. Viewing Comments and Documents
safely. Mr. White meets the FMCSA discontinued use of the 3-year To view comments, as well as any
requirements of the vision standard at driving experience and fulfilled the documents mentioned in this preamble,
49 CFR 391.41(b)(10). His optometrist requirements of section 4129 while To submit your comment online, go to
examined him in 2014 and certified that continuing to ensure that operation of http://www.regulations.gov and in the
he does not have diabetic retinopathy. CMVs by drivers with ITDM will search box insert the docket number
He holds a Class A CDL from achieve the requisite level of safety FMCSA–2015–0059 and click ‘‘Search.’’
Washington. required of all exemptions granted Next, click ‘‘Open Docket Folder’’ and
Randall L. Williamson under 49 U.S.C. 31136 (e). you will find all documents and
Section 4129(d) also directed FMCSA comments related to the proposed
Mr. Williamson, 57, has had ITDM to ensure that drivers of CMVs with rulemaking.
since 2012. His endocrinologist ITDM are not held to a higher standard Issued on: May 5, 2015.
examined him in 2015 and certified that than other drivers, with the exception of
he has had no severe hypoglycemic Larry W. Minor,
limited operating, monitoring and
reactions resulting in loss of Associate Administrator for Policy.
medical requirements that are deemed
consciousness, requiring the assistance medically necessary. [FR Doc. 2015–11317 Filed 5–8–15; 8:45 am]
of another person, or resulting in The FMCSA concluded that all of the BILLING CODE P
impaired cognitive function that operating, monitoring and medical
occurred without warning in the past 12 requirements set out in the September 3,
months and no recurrent (2 or more) 2003 notice, except as modified, were in DEPARTMENT OF TRANSPORTATION
severe hypoglycemic episodes in the compliance with section 4129(d).
last 5 years. His endocrinologist certifies Federal Motor Carrier Safety
Therefore, all of the requirements set
that Mr. Williamson understands Administration
out in the September 3, 2003 notice,
diabetes management and monitoring, except as modified by the notice in the [FMCSA Docket No. FMCSA–2014–0314]
has stable control of his diabetes using Federal Register on November 8, 2005
insulin, and is able to drive a CMV (70 FR 67777), remain in effect. Qualification of Drivers; Exemption
safely. Mr. Williamson meets the Applications; Diabetes Mellitus
requirements of the vision standard at IV. Submitting Comments
AGENCY: Federal Motor Carrier Safety
49 CFR 391.41(b)(10). His optometrist You may submit your comments and
Administration (FMCSA), DOT
examined him in 2015 and certified that material online or by fax, mail, or hand
delivery, but please use only one of ACTION: Notice of final disposition.
he does not have diabetic retinopathy.
He holds a Class B CDL from Illinois. these means. FMCSA recommends that SUMMARY: FMCSA confirms its decision
you include your name and a mailing to exempt 39 individuals from its rule
III. Request for Comments
address, an email address, or a phone prohibiting persons with insulin-treated
In accordance with 49 U.S.C. 31136(e) number in the body of your document diabetes mellitus (ITDM) from operating
and 31315, FMCSA requests public so that FMCSA can contact you if there commercial motor vehicles (CMVs) in
comment from all interested persons on are questions regarding your interstate commerce. The exemptions
the exemption petitions described in submission. enable these individuals to operate
this notice. We will consider all To submit your comment online, go to CMVs in interstate commerce.
comments received before the close of http://www.regulations.gov and in the
DATES: The exemptions were effective
business on the closing date indicated search box insert the docket number
FMCSA–2015–0059 and click the search on April 18, 2015. The exemptions
in the date section of the notice. expire on April 18, 2017.
FMCSA notes that section 4129 of the button. When the new screen appears,
click on the blue ‘‘Comment Now!’’ FOR FURTHER INFORMATION CONTACT:
Safe, Accountable, Flexible and
button on the right hand side of the Charles A. Horan, III, Director, Carrier,
Efficient Transportation Equity Act: A
page. On the new page, enter Driver and Vehicle Safety Standards,
Legacy for Users requires the Secretary
tkelley on DSK3SPTVN1PROD with NOTICES
information required including the (202) 366–4001, fmcsamedical@dot.gov,
to revise its diabetes exemption program
specific section of this document to FMCSA, Room W64–224, Department of
established on September 3, 2003 (68 FR
which each comment applies, and Transportation, 1200 New Jersey
52441).1 The revision must provide for
provide a reason for each suggestion or Avenue SE., Washington, DC 20590–
1 Section 4129(a) refers to the 2003 notice as a 0001. Office hours are from 8:30 a.m. to
‘‘final rule.’’ However, the 2003 notice did not issue standards for issuing exemptions for drivers with 5 p.m., Monday through Friday, except
a ‘‘final rule’’ but did establish the procedures and ITDM. Federal holidays.
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![26988 Federal Register / Vol. 80, No. 90 / Monday, May 11, 2015 / Notices
Richard L. Peak (KS) Administration’s Final Rule on DEPARTMENT OF TRANSPORTATION
Anthony P. Reith (PA) Enhanced Tank Car Standards and
Peter A. Rubinetti (NJ) Operational Controls for High-Hazard Federal Transit Administration
Steven Smith (FL) Flammable Trains. This agenda is
Robert L. Snyder (MA) Limitation on Claims Against Proposed
subject to change, including the possible
John H. Spierings (WI) Public Transportation Projects
addition of further proposed tasks.
Robert E. Stokes (WA) AGENCY: Federal Transit Administration
Corey R. Sturm (IN) DATES:The RSAC meeting is scheduled
(FTA), DOT.
Rick M. Vierstraete (MN) to commence at 9:30 a.m. on Thursday,
ACTION: Notice.
Christopher W. Williams (ID) May 28, 2015, and will adjourn by 4:30
James M. Wilson (MI) p.m. SUMMARY: This notice announces final
Robert L. Witt (VT) ADDRESSES: The RSAC meeting will be environmental actions taken by the
Paul G. Wright (CO) held at the Double Tree Hotel located at Federal Transit Administration (FTA)
In accordance with 49 U.S.C. 31136(e) for projects in Provo City and Orem
1515 Rhode Island Avenue NW.,
and 31315 each exemption is valid for City, Utah County, UT, and Tarrant
Washington, DC 20005. The meeting is
two years unless revoked earlier by County, TX. The purpose of this notice
open to the public on a first-come, first-
FMCSA. The exemption will be revoked is to announce publicly the
served basis, and is accessible to environmental decisions by FTA on the
if the following occurs: (1) The person individuals with disabilities. Sign and
fails to comply with the terms and subject projects and to activate the
oral interpretation can be made limitation on any claims that may
conditions of the exemption; (2) the available if requested 10 calendar days
exemption has resulted in a lower level challenge these final environmental
before the meeting. actions.
of safety than was maintained before it
was granted; or (3) continuation of the FOR FURTHER INFORMATION CONTACT: DATES: By this notice, FTA is advising
exemption would not be consistent with Larry Woolverton, RSAC Administrative the public of final agency actions
the goals and objectives of 49 U.S.C. Officer, FRA, 1200 New Jersey Avenue subject to Section 139(l) of Title 23,
31136(e) and 31315. If the exemption is SE., Mailstop 25, Washington, DC United States Code (U.S.C.). A claim
still effective at the end of the 2-year 20590, (202) 493–6286; or Jamie seeking judicial review of FTA actions
period, the person may apply to FMCSA Rennert, Deputy Associate announced herein for the listed public
for a renewal under procedures in effect Administrator for Regulatory & transportation projects will be barred
at that time. Legislative Operations, Office of unless the claim is filed on or before
Issued on: May 4, 2015. Railroad Safety, FRA, 1200 New Jersey October 8, 2015.
Larry W. Minor, Avenue SE., Mailstop 25, Washington, FOR FURTHER INFORMATION CONTACT:
Associate Administrator for Policy. DC 20590, (202) 493–6474. Nancy-Ellen Zusman, Assistant Chief
Counsel, Office of Chief Counsel, (312)
[FR Doc. 2015–11312 Filed 5–8–15; 8:45 am] SUPPLEMENTARY INFORMATION: Pursuant 353–2577 or Terence Plaskon,
BILLING CODE 4910–EXP to Section 10(a)(2) of the Federal Environmental Protection Specialist,
Advisory Committee Act (Pub. L. 92– Office of Environmental Programs, (202)
463), FRA is giving notice of a meeting 366–0442. FTA is located at 1200 New
DEPARTMENT OF TRANSPORTATION of the RSAC. The RSAC was established Jersey Avenue SE., Washington, DC
to provide advice and recommendations 20590. Office hours are from 9:00 a.m.
Federal Railroad Administration to FRA on railroad safety matters. The to 5:30 p.m., Monday through Friday,
[Docket No. FRA–2000–7257, Notice No. 79] RSAC is composed of 60 voting except Federal holidays.
representatives from 39 member SUPPLEMENTARY INFORMATION: Notice is
Railroad Safety Advisory Committee; organizations, representing various rail
Notice of Meeting hereby given that FTA has taken final
industry perspectives. In addition, there agency actions by issuing certain
AGENCY: Federal Railroad are non-voting advisory representatives approvals for the public transportation
Administration (FRA), Department of from the agencies with railroad safety projects listed below. The actions on the
Transportation. regulatory responsibility in Canada and projects, as well as the laws under
Mexico, the National Transportation which such actions were taken, are
ACTION: Announcement of Railroad
Safety Advisory Committee (RSAC) Safety Board, and the Federal Transit described in the documentation issued
meeting. Administration. The diversity of the in connection with the projects to
RSAC ensures the requisite range of comply with the National
SUMMARY: FRA announces the fifty-third views and expertise necessary to Environmental Policy Act (NEPA) and
meeting of the RSAC, a Federal discharge its responsibilities. See the in other documents in the FTA
Advisory Committee that develops RSAC Web site for details on prior administrative record for the projects.
railroad safety recommendations RSAC activities and pending tasks at Interested parties may contact either the
through a consensus process. The RSAC http://rsac.fra.dot.gov/. Please refer to project sponsor or the relevant FTA
meeting topics will include opening the notice published in the Federal Regional Office for more information on
remarks from the FRA Acting Register on March 11, 1996 (61 FR each project. Contact information for
Administrator, the FRA Associate 9740), for additional information about FTA’s Regional Offices may be found at
Administrator for Safety/Chief Safety the RSAC. http://www.fta.dot.gov.
tkelley on DSK3SPTVN1PROD with NOTICES
Officer, and status reports by the Issued in Washington, DC, on May 5, 2015.
This notice applies to all FTA
Recording Devices and Rail Integrity decisions on the listed projects as of the
Working Groups. The Engineering Task Robert C. Lauby, issuance date of this notice and all laws
Force also will provide a status report Associate Administrator for Safety, Chief under which such actions were taken,
and there will be presentations on grade Safety Officer. including, but not limited to, NEPA [42
crossing issues, as well as the Pipeline [FR Doc. 2015–11269 Filed 5–8–15; 8:45 am] U.S.C. 4321–4375], Section 4(f) of the
and Hazardous Materials Safety BILLING CODE 4910–06–P Department of Transportation Act of
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Document Created: 2018-02-21 10:26:02
Document Modified: 2018-02-21 10:26:02
| 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 April 18, 2015. The exemptions expire on April 18, 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 26986 |
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