80 FR 49299 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 80, Issue 158 (August 17, 2015)
Federal Motor Carrier Safety Administration
Federal Register Volume 80, Issue 158 (August 17, 2015)
| Page Range | 49299-49301 | |
| FR Document | 2015-20188 |
[Federal Register Volume 80, Number 158 (Monday, August 17, 2015)] [Notices] [Pages 49299-49301] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-20188] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA-2015-0060] 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 49 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 July 7, 2015. The exemptions expire on July 7, 2017. FOR FURTHER INFORMATION 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. 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 [[Page 49300]] 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 June 4, 2015, FMCSA published a notice of receipt of Federal diabetes exemption applications from 49 individuals and requested comments from the public (80 FR 31949). The public comment period closed on July 6, 2015, and no comments were received. FMCSA has evaluated the eligibility of the 49 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 49 applicants have had ITDM over a range of one to 43 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 June 4, 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 49 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)): Craig S. Barton (UT) Kevin H. Bennerson (NY) Eugene Butler (AR) Dominick M. Ciuffreda (MA) Allen D. Clise (MD) John W. Dillard (TX) Derek P. Elkins (AZ) Joshua J. Ellett (IN) Raymond C. Erschen (PA) Dominic C. Frisina (PA) David D. Gambill (NC) Dennis T. Gannon (NJ) Arnold W. Geske (MN) Alan G. Gladhill (MD) Richard A. Hall (IL) Dwight L. Hawkins (NC) Craig L. Jackson (WY) Wayne A. Jadezuk (NY) Lee L. Kropp (WI) Douglas B. Lampela (MI) David E. Lawton (MA) Babe A. Lisai (NY) Adrian Martinez-Alba (TX) Robert S. Medberry (OH) Daniel Mendolia (NY) Gary L. Mjoness (ND) Marty G. Niles (MT) Timothy W. Olden (NJ) John Palermo (NJ) Dennis P. Pantone (NY) John N. Peterson (WI) Robert L. Potter, Jr. (NH) Todd M. Raether (NE) Michael A. Ramsey (CT) Gene P. Rhodes Sr. (PA) Peter B. Rzadkowski, Jr. (IL) Jeffrey J. Salvador (MI) Michael A. Scavotto (MA) Michael Schmidt (PA) Steven J. Schmitt (MN) Carl J. Schneider (PA) John R. Sherbondy (PA) Douglas J. Smith (NY) [[Page 49301]] Johnathan C. Steffes (CA) Carmen M. Stellitano (PA) Andy L. Strommenger (CO) Jared Villa (ND) Robert T. Warriner (NJ) Ellis E. Wilkins (MA) 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: August 7, 2015. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2015-20188 Filed 8-14-15; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Notices 49299
DATES: Comments must be received on Printing Office’s database at: http:// Technical Corrections Act of 2008 (Pub.
or before September 30, 2015. www.access.gpo.gov/nara. L. 110–244, 122 Stat. 1572), FHWA is
ADDRESSES: Send comments on this providing this notice as its finding that
Background
document to Ms. Cayla Morgan at the a waiver of Buy America requirements
Federal Aviation Administration, 1601 The FHWA’s Buy America policy in is appropriate. The FHWA invites
Lind Avenue SW., Renton, Washington, 23 CFR 635.410 requires a domestic public comment on this finding for an
98057–3356, Telephone 425–227–2653. manufacturing process for any steel or additional 15 days following the
iron products (including protective effective date of the finding. Comments
FOR FURTHER INFORMATION CONTACT:
coatings) that are permanently may be submitted to FHWA’s Web site
Documents are available for review by incorporated in a Federal-aid
appointment by contacting Ms. Cayla via the link provided to the New York
construction project. The regulation also waiver page noted above.
Morgan, Telephone 425–227–2653, provides for a waiver of the Buy
Federal Aviation Administration, 1601 America requirements when the (Authority: 23 U.S.C. 313; Pub. L. 110–161,
Lind Avenue SW., Renton, Washington. 23 CFR 635.410)
application would be inconsistent with
Issued in Renton, Washington on August the public interest or when satisfactory Issued on: August 10, 2015.
11, 2015. quality domestic steel and iron products Gregory G. Nadeau,
Joelle Briggs, are not sufficiently available. This Acting Administrator, Federal Highway
Assistant, Manager, Seattle Airports District notice provides information regarding Administration.
Office. FHWA’s finding that a Buy America [FR Doc. 2015–20183 Filed 8–14–15; 8:45 am]
[FR Doc. 2015–20289 Filed 8–14–15; 8:45 am] waiver is appropriate for use of non- BILLING CODE 4910–22–P
BILLING CODE 4910–13–P domestic steel product contained in (1)
Helical Bevel gearbox Rebuild kits for
trail lock machinery, (2) Trail lock brake DEPARTMENT OF TRANSPORTATION
DEPARTMENT OF TRANSPORTATION motors, (3) R1 and R2 Reducer
Subcomponents, (4) Spherical Roller Federal Motor Carrier Safety
Federal Highway Administration Bearings for bridge operating Administration
machinery, (5) Diesel Engine for [FMCSA Docket No. FMCSA–2015–0060]
Buy America Waiver Notification Hydraulic Power Unit for emergency
AGENCY: Federal Highway drive system, and (6) Hydraulic Vane Qualification of Drivers; Exemption
Administration (FHWA), DOT. Motor for emergency Hydraulic drive Applications; Diabetes Mellitus
system in the State of New York.
ACTION: Notice. AGENCY: Federal Motor Carrier Safety
In accordance with Division K,
section 122 of the ‘‘Consolidated and Administration (FMCSA), DOT.
SUMMARY: This notice provides
Further Continuing Appropriations Act, ACTION: Notice of final disposition.
information regarding FHWA’s finding
that a Buy America waiver is 2015’’ (Pub. L. 113–235), FHWA
published a notice of intent to issue a SUMMARY: FMCSA confirms its decision
appropriate for the use of non-domestic to exempt 49 individuals from its rule
steel products contained in (1) Helical waiver on its Web site for non-domestic
steel cable nets (http:// prohibiting persons with insulin-treated
Bevel gearbox Rebuild kits for trail lock diabetes mellitus (ITDM) from operating
machinery, (2) Trail lock brake motors, www.fhwa.dot.gov/construction/
contracts/waivers.cfm?id=109) on June commercial motor vehicles (CMVs) in
(3) R1 and R2 Reducer Subcomponents, interstate commerce. The exemptions
(4) Spherical Roller Bearings for bridge 18. The FHWA received no comments
in response to the publication. During enable these individuals to operate
operating machinery, (5) Diesel Engine CMVs in interstate commerce.
for Hydraulic Power Unit for emergency the 15-day comment period, FHWA
conducted additional review to locate DATES: The exemptions were effective
drive system, and (6) Hydraulic Vane on July 7, 2015. The exemptions expire
Motor for emergency Hydraulic drive potential domestic manufacturers of (1)
Helical Bevel gearbox Rebuild kits for on July 7, 2017.
system in the State of New York.
trail lock machinery, (2) Trail lock brake FOR FURTHER INFORMATION CONTACT:
DATES: The effective date of the waiver motors, (3) R1 and R2 Reducer Charles A. Horan, III, Director, Carrier,
is August 18, 2015. Subcomponents, (4) Spherical Roller Driver and Vehicle Safety Standards,
FOR FURTHER INFORMATION CONTACT: For Bearings for bridge operating (202) 366–4001, fmcsamedical@dot.gov,
questions about this notice, please machinery, (5) Diesel Engine for FMCSA, Room W64–224, Department of
contact Mr. Gerald Yakowenko, FHWA Hydraulic Power Unit for emergency Transportation, 1200 New Jersey
Office of Program Administration, (202) drive system, and (6) Hydraulic Vane Avenue SE., Washington, DC 20590–
366–1562, or via email at Motor for emergency Hydraulic drive 0001. Office hours are from 8:30 a.m. to
gerald.yakowenko@dot.gov. For legal system. Based on all the information 5 p.m., Monday through Friday, except
questions, please contact Mr. Jomar available to the agency, FHWA Federal holidays.
Maldonado, FHWA Office of the Chief concludes that there are no domestic SUPPLEMENTARY INFORMATION:
Counsel, (202) 366–1373, or via email at manufacturers of (1) Helical Bevel
Jomar.Maldonado@dot.gov. Office hours gearbox Rebuild kits for trail lock I. Electronic Access
for the FHWA are from 8:00 a.m. to 4:30 machinery, (2) Trail lock brake motors, You may see all the comments online
p.m., e.t., Monday through Friday, (3) R1 and R2 Reducer Subcomponents, through the Federal Document
except Federal holidays.
mstockstill on DSK4VPTVN1PROD with NOTICES
(4) Spherical Roller Bearings for bridge Management System (FDMS) at: http://
SUPPLEMENTARY INFORMATION: operating machinery, (5) Diesel Engine www.regulations.gov.
for Hydraulic Power Unit for emergency Docket: For access to the docket to
Electronic Access read background documents or
drive system, and (6) Hydraulic Vane
An electronic copy of this document Motor for emergency Hydraulic drive comments, go to http://
may be downloaded from the Federal system. www.regulations.gov and/or Room
Register’s home page at: http:// In accordance with the provisions of W12–140 on the ground level of the
www.archives.gov and the Government section 117 of the SAFETEA–LU West Building, 1200 New Jersey Avenue
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![Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Notices 49301
Johnathan C. Steffes (CA) Based on a review of the applications Vehicle Driver Safety’’ addressed
Carmen M. Stellitano (PA) and following an opportunity for public several key questions.1
Andy L. Strommenger (CO) comment, FMCSA has concluded that Key Question 1: Are individuals with
Jared Villa (ND) the individuals did not demonstrate that narcolepsy (with and without cataplexy)
Robert T. Warriner (NJ) they could achieve a level of safety that at an increased risk for a motor vehicle
Ellis E. Wilkins (MA) is equivalent to, or greater than, the crash when compared to comparable
In accordance with 49 U.S.C. 31136(e) level of safety that would be obtained by individuals without the disorder?
and 31315 each exemption is valid for complying with the regulation. Key Question 2: Do currently
two years unless revoked earlier by recommended treatments for narcolepsy
FMCSA. The exemption will be revoked DATES: This decision is effective July 24, reduce the risk for a motor vehicle
if the following occurs: (1) The person 2015. crash?
fails to comply with the terms and Key question 2 was further divided
FOR FURTHER INFORMATION CONTACT:
conditions of the exemption; (2) the into several questions concerning the
Charles A. Horan III, Director, Office of
exemption has resulted in a lower level impact of various medication therapies
Carrier, Driver and Vehicle Safety for narcolepsy on driver safety. The
of safety than was maintained before it Standards, (202) 366–4001, or via email
was granted; or (3) continuation of the complete report is included in the
at fmcsamedical@dot.gov, or by letter docket FMCSA 2014–0373.
exemption would not be consistent with FMCSA, Room W64–224, Department of
the goals and objectives of 49 U.S.C. The evidence report reviewed studies
Transportation, 1200 New Jersey from the available literature and
31136(e) and 31315. If the exemption is
Avenue SE., Washington, DC 20590– evaluated outcomes on measures of
still effective at the end of the 2-year
0001. Office hours are from 8:30 a.m. to Excessive Daytime Sleepiness (EDS),
period, the person may apply to FMCSA
5 p.m., Monday through Friday, except cataplexy, event rate, measures of
for a renewal under procedures in effect
at that time. Federal holidays. cognitive and psychomotor function,
SUPPLEMENTARY INFORMATION:
and driving performance. For key
Issued on: August 7, 2015.
question 1, the currently available
Larry W. Minor, Background evidence (both direct and indirect)
Associate Administrator for Policy. supports the contention that drivers
[FR Doc. 2015–20188 Filed 8–14–15; 8:45 am] Under 49 U.S.C. 31136(e) and 31315, with narcolepsy are at an increased risk
BILLING CODE 4910–EX–P FMCSA may grant an exemption from for a motor vehicle crash when
the Federal Motor Carrier Safety compared to otherwise similar
Regulations for a 2-year period if it finds individuals who do not have the
DEPARTMENT OF TRANSPORTATION ‘‘such exemption would likely achieve a disorder. The strength of the evidence
level of safety that is equivalent to or was rated as strong. The direct evidence
Federal Motor Carrier Safety greater than the level that would be (from three crash studies) (study quality
Administration achieved absent such exemption.’’ rating of ‘‘Low’’) conducted with non-
[Docket No. FMCSA–2014–0373] FMCSA can renew exemptions at the CMV drivers showed that individuals
end of each 2-year period. The three with narcolepsy are at an increased risk
Qualification of Drivers; Exemption individuals listed in this notice have for a crash compared to individuals who
Applications; Narcolepsy each requested such an exemption from do not have narcolepsy. The indirect
the physical qualification requirements evidence (studies of driving tests and
AGENCY: Federal Motor Carrier Safety driving simulation, quality rating
in 49 CFR 391.41(b)(8) and (b)(9), which
Administration (FMCSA), DOT. ‘‘moderate’’), examined factors
applies to drivers of CMVs in interstate
ACTION: Notice of denial of exemption associated with simulated driving
commerce. Accordingly, the Agency
applications. evaluates the qualifications of each outcomes, (driving performance,
applicant to determine whether granting tracking error, fewer correct responses
SUMMARY: FMCSA announces its
an exemption will achieve the required and more instances of going out of
decision to deny applications from three
level of safety mandated by statute. bounds compared to healthy controls).
individuals seeking exemptions from
In summary, while there are limitations
the prohibitions against operating a Narcolepsy is a chronic neurological in the quality of the studies that
commercial motor vehicle (CMV) in disorder caused by autoimmune examined direct crash risk in the
interstate commerce by persons with: (1) destruction of hypocretin-producing evidence base, all study results showed
Either a clinical diagnosis of epilepsy or neurons inhibiting the brain’s ability to a strong effect size and statistical
any other condition that is likely to regulate sleep-wake cycles normally. significance. Indirect evidence of crash
cause a loss of consciousness or any loss Persons with narcolepsy experience provides strong support for the direct
of ability to operate a CMV safely, or (2) frequent excessive daytime sleepiness, crash study findings. Based upon
a mental, nervous, organic, or functional comparable to how non-narcoleptics available information, there is strong
disease or psychiatric disorder likely to feel after 24 to 48 hours of sleep evidence that non-commercial drivers
interfere with his/her ability to drive a deprivation, as well as disturbed with narcolepsy are at an increased risk
commercial motor vehicle safely. nocturnal sleep, which often is confused of crash.
FMCSA has statutory authority to with insomnia. See NIH Narcolepsy Fact Concerning key question 2 and its
exempt individuals from certain parts of Sheet at www.ninds.nih.gov/disorders/ sub-questions, the American Academy
mstockstill on DSK4VPTVN1PROD with NOTICES
the Federal Motor Carrier Safety narcolepsy/detail_narcolepsy.htm. of Sleep Medicine (AASM) and the
Regulations, if the exemptions granted European Federation of Neurological
will not compromise safety. The Agency The Agency considered the topic of
narcolepsy and the potential impact on Societies recommend modafinil as the
must conclude that granting these first-line of treatment and
exemptions provides a level of safety commercial drivers in a 2009 Evidence
that will be equivalent to or greater than Report. The Evidence Report
1 Evidence Report: Narcolepsy (with and without
the level of safety maintained without ‘‘Narcolepsy (with and without cataplexy) and Commercial Motor Vehicle Driver
the exemptions for these CMV drivers. cataplexy) and Commercial Motor Safety; October 6, 2009.
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Document Created: 2015-12-15 11:06:45
Document Modified: 2015-12-15 11:06:45
| 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 July 7, 2015. The exemptions expire on July 7, 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 49299 |
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