80 FR 59227 - Qualification of Drivers; Application for Exemptions; Hearing
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 80, Issue 190 (October 1, 2015)
Federal Motor Carrier Safety Administration
Federal Register Volume 80, Issue 190 (October 1, 2015)
| Page Range | 59227-59229 | |
| FR Document | 2015-24923 |
[Federal Register Volume 80, Number 190 (Thursday, October 1, 2015)] [Notices] [Pages 59227-59229] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-24923] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2015-0325] Qualification of Drivers; Application for Exemptions; Hearing AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of applications for exemptions; request for comments. ----------------------------------------------------------------------- SUMMARY: FMCSA announces that 9 individuals have applied for a medical exemption from the hearing requirement in the Federal Motor Carrier Safety Regulations (FMCSRs). In accordance with the statutory requirements concerning applications for exemptions, FMCSA requests public comments on these requests. The statute and implementing regulations concerning exemptions require that exemptions must provide an equivalent or greater level of safety than if they were not granted. If the Agency determines the exemptions would satisfy the statutory requirements and decides to grant theses requests after reviewing the public comments submitted in response to this notice, the exemptions would enable these 9 individuals to operate CMVs in interstate commerce. DATES: Comments must be received on or before November 2, 2015. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA-2015-0325 using any of the following methods:Federal eRulemaking Portal: Go to 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 or Courier: West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal Holidays. Fax: 1-202-493-2251. 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 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 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., ET, Monday through Friday, except Federal holidays. The 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 records notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy. FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director, Office of Carrier, Driver and Vehicle Safety, (202) 366-4001, fmcsamedical@dot.gov, 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: [[Page 59228]] Background The Federal Motor Carrier Safety Administration has authority to grant exemptions from many of the Federal Motor Carrier Safety Regulations (FMCSRs) under 49 U.S.C. 31315 and 31136(e), as amended by section 4007 of the Transportation Equity Act for the 21st Century (TEA-21) (Pub. L. 105-178, June 9, 1998, 112 Stat. 107, 401). FMCSA has published in 49 CFR part 381, subpart C final rules implementing the statutory changes in its exemption procedures made by section 4007, 69 FR 51589 (August 20, 2004).\1\ Under the rules in part 381, subpart C, FMCSA must publish a notice of each exemption request in the Federal Register. The Agency must provide the public with an opportunity to inspect the information relevant to the application, including any safety analyses that have been conducted and any research reports, technical papers and other publications referenced in the application. The Agency must also provide an opportunity to submit public comment on the applications for exemption. --------------------------------------------------------------------------- \1\ This action adopted as final rules the interim final rules issued by FMCSA's predecessor in 1998 (63 FR 67600 (Dec. 8, 2008)), and adopted by FMCSA in 2001 [66 FR 49867 (Oct. 1, 2001)]. --------------------------------------------------------------------------- The Agency reviews the safety analyses and the public comments and determines whether granting the exemption would likely achieve a level of safety equivalent to or greater than the level that would be achieved without the exemption. The decision of the Agency must be published in the Federal Register. If the Agency denies the request, it must state the reason for doing so. If the decision is to grant the exemption, the notice must specify the person or class of persons receiving the exemption and the regulatory provision or provisions from which an exemption is granted. The notice must also specify the effective period of the exemption (up to 2 years) and explain the terms and conditions of the exemption. The exemption may be renewed. The current provisions of the FMCSRs concerning hearing state that a person is physically qualified to drive a CMV if that person First perceives a forced whispered voice in the better ear at not less than 5 feet with or without the use of a hearing aid or, if tested by use of an audiometric device, does not have an average hearing loss in the better ear greater than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a hearing aid when the audiometric device is calibrated to American National Standard (formerly ASA Standard) Z24.5-1951. 49 CFR 391.41(b)(11). This standard was adopted in 1970, with a revision in 1971 to allow drivers to be qualified under this standard while wearing a hearing aid, 35 FR 6458, 6463 (April 22, 1970) and 36 FR 12857 (July 3, 1971). FMCSA also issues instructions for completing the medical examination report and includes advisory criteria on the report itself to provide guidance for medical examiners in applying the hearing standard. See 49 CFR 391.43(f). The current advisory criteria for the hearing standard include a reference to a report entitled ``Hearing Disorders and Commercial Motor Vehicle Drivers'' prepared for the Federal Highway Administration, FMCSA's predecessor, in 1993.\2\ --------------------------------------------------------------------------- \2\ This report is available on the FMCSA Web site at http://www.fmcsa.dot.gov/facts-research/research-technology/publications/medreport_archives.htm. _____________________________________- FMCSA Requests Comments on the Exemption Applications FMCSA requests comments from all interested parties on whether a driver who cannot meet the hearing standard should be permitted to operate a CMV in interstate commerce. Further, the Agency asks for comments on whether a driver who cannot meet the hearing standard should be limited to operating only certain types of vehicles in interstate commerce, for example, vehicles without air brakes. The statute and implementing regulations concerning exemptions require that the Agency request public comments on all applications for exemptions. The Agency is also required to make a determination that an exemption would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption before granting any such requests. 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 www.regulations.gov and in the search box insert the docket number ``FMCSA-2015-0325'' 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. Viewing Comments and Documents To view comments, go to www.regulations.gov and in the search box insert the docket number ``FMCSA-2015-0325'' and click ``Search.'' Next, click ``Open Docket Folder'' and you will find all documents and comments related to the proposed rulemaking. Information on Individual Applicants William Terrell Baker Mr. Baker, 45, holds an operator's license in Texas. Eric Gale Bonales Mr. Bonales, 36, holds an operator's license in California. Lawrance Freeman Cogar Mr. Cogar, 46, holds an operator's license in West Virginia. Albert G. Foster Mr. Foster, 41, holds an operator's license in Illinois. Philip J. Gicola Mr. Gicola, 59, holds an operator's license in Pennsylvania. Alvaro Gonzalez Mr. Gonzalez, 31, holds an operator's license in California. Daniel Tuan Harnish Mr. Harnish, 36, holds an operator's license in Utah. Cody A. Larrison Mr. Larrison, 26, holds an operator's license in Indiana. John W. Truelove, Jr. Mr. Truelove, 58, holds a class A CDL in Texas. Request for Comments In accordance with 49 U.S.C. 31136(e) and 31315(b)(4), FMCSA requests public comment from all interested persons on the exemption petitions described in this notice. The Agency will consider all [[Page 59229]] comments received before the close of business November 2, 2015. Comments will be available for examination in the docket at the location listed under the ADDRESSES section of this notice. The Agency will file comments received after the comment closing date in the public docket, and will consider them to the extent practicable. In addition to late comments, FMCSA will also continue to file, in the public docket, relevant information that becomes available after the comment closing date. Interested persons should monitor the public docket for new material. Issued on: September 25, 2015. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2015-24923 Filed 9-30-15; 8:45 am] BILLING CODE 4910-EX-P
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careful consideration of the comments period and may change this proposed DATES: Comments must be received on
received to its notices of applications. rule based on your comments. FMCSA or before November 2, 2015.
The notices of applications stated in may issue a final rule at any time after ADDRESSES: You may submit comments
detail the qualifications, experience, the close of the comment period. bearing the Federal Docket Management
and medical condition of each applicant System (FDMS) Docket No. FMCSA–
Viewing Comments and Documents
for an exemption from the vision 2015–0325 using any of the following
requirements. That information is To view comments, as well as any methods:
available by consulting the above cited documents mentioned in this preamble, • Federal eRulemaking Portal: Go to
Federal Register publications. To submit your comment online, go to www.regulations.gov. Follow the on-line
Interested parties or organizations http://www.regulations.gov and in the instructions for submitting comments.
possessing information that would search box insert the docket number
otherwise show that any, or all, of these • Mail: Docket Management Facility;
FMCSA–1999–5578; FMCSA–1999–
drivers are not currently achieving the U.S. Department of Transportation, 1200
5748; FMCSA–1999–6480; FMCSA–
statutory level of safety should New Jersey Avenue SE., West Building
2001–9561; FMCSA–2003–15892;
immediately notify FMCSA. The Ground Floor, Room W12–140,
FMCSA–2005–21254; FMCSA–2005–
Agency will evaluate any adverse Washington, DC 20590–0001.
21711; FMCSA–2006–26066; FMCSA–
evidence submitted and, if safety is • Hand Delivery or Courier: West
2007–27333; FMCSA–2007–27897;
being compromised or if continuation of Building Ground Floor, Room W12–140,
FMCSA–2009–0054; FMCSA–2009–
the exemption would not be consistent 1200 New Jersey Avenue SE.,
0154; FMCSA–2011–0140; FMCSA–
with the goals and objectives of 49 Washington, DC, between 9 a.m. and
2011–0142; FMCSA–2011–0189;
U.S.C. 31136(e) and 31315, FMCSA will 5 p.m., ET, Monday through Friday,
FMCSA–2013–0027; FMCSA–2013–
take immediate steps to revoke the except Federal Holidays.
0029; FMCSA–2013–0030; FMCSA–
exemption of a driver. 2013–0165 and click ‘‘Search.’’ Next, • Fax: 1–202–493–2251.
click ‘‘Open Docket Folder’’ and you Each submission must include the
Submitting Comments Agency name and the docket numbers
will find all documents and comments
You may submit your comments and related to the proposed rulemaking. for this notice. Note that all comments
material online or by fax, mail, or hand received will be posted without change
delivery, but please use only one of Issued on: September 14, 2015. to www.regulations.gov, including any
these means. FMCSA recommends that Larry W. Minor, personal information provided. Please
you include your name and a mailing Associate Administrator for Policy. see the Privacy Act heading below for
address, an email address, or a phone [FR Doc. 2015–24933 Filed 9–30–15; 8:45 am] further information.
number in the body of your document BILLING CODE 4910–EX–P Docket: For access to the docket to
so that FMCSA can contact you if there read background documents or
are questions regarding your comments, go to www.regulations.gov at
submission. DEPARTMENT OF TRANSPORTATION any time or Room W12–140 on the
To submit your comment online, go to ground level of the West Building, 1200
http://www.regulations.gov and in the Federal Motor Carrier Safety New Jersey Avenue SE., Washington,
search box insert the docket numbers Administration DC, between 9 a.m. and 5 p.m., ET,
FMCSA–1999–5578; FMCSA–1999– Monday through Friday, except Federal
[Docket No. FMCSA–2015–0325]
5748; FMCSA–1999–6480; FMCSA– holidays. The FDMS is available 24
2001–9561; FMCSA–2003–15892; Qualification of Drivers; Application for hours each day, 365 days each year. If
FMCSA–2005–21254; FMCSA–2005– Exemptions; Hearing you want acknowledgment that we
21711; FMCSA–2006–26066; FMCSA– received your comments, please include
2007–27333; FMCSA–2007–27897; AGENCY: Federal Motor Carrier Safety a self-addressed, stamped envelope or
FMCSA–2009–0054; FMCSA–2009– Administration (FMCSA), DOT. postcard or print the acknowledgement
0154; FMCSA–2011–0140; FMCSA– ACTION: Notice of applications for page that appears after submitting
2011–0142; FMCSA–2011–0189; exemptions; request for comments. comments on-line.
FMCSA–2013–0027; FMCSA–2013– Privacy Act: In accordance with 5
0029; FMCSA–2013–0030; FMCSA– SUMMARY: FMCSA announces that 9
U.S.C. 553(c), DOT solicits comments
2013–0165 and click the search button. individuals have applied for a medical
from the public to better inform its
When the new screen appears, click on exemption from the hearing requirement
rulemaking process. DOT posts these
the blue ‘‘Comment Now!’’ button on in the Federal Motor Carrier Safety
comments, without edit, including any
the right hand side of the page. On the Regulations (FMCSRs). In accordance
personal information the commenter
new page, enter information required with the statutory requirements
provides, to www.regulations.gov, as
including the specific section of this concerning applications for exemptions,
described in the system records notice
document to which each comment FMCSA requests public comments on
(DOT/ALL–14 FDMS), which can be
applies, and provide a reason for each these requests. The statute and
reviewed at www.dot.gov/privacy.
suggestion or recommendation. If you implementing regulations concerning
submit your comments by mail or hand exemptions require that exemptions FOR FURTHER INFORMATION CONTACT:
delivery, submit them in an unbound must provide an equivalent or greater Charles A. Horan, III, Director, Office of
format, no larger than 81⁄2 by 11 inches, level of safety than if they were not Carrier, Driver and Vehicle Safety, (202)
mstockstill on DSK4VPTVN1PROD with NOTICES6
suitable for copying and electronic granted. If the Agency determines the 366–4001, fmcsamedical@dot.gov,
filing. If you submit comments by mail exemptions would satisfy the statutory FMCSA, Department of Transportation,
and would like to know that they requirements and decides to grant 1200 New Jersey Avenue, SE., Room
reached the facility, please enclose a theses requests after reviewing the W64–224, Washington, DC 20590–0001.
stamped, self-addressed postcard or public comments submitted in response Office hours are from 8:30 a.m. to
envelope. to this notice, the exemptions would 5 p.m., Monday through Friday, except
We will consider all comments and enable these 9 individuals to operate Federal holidays.
material received during the comment CMVs in interstate commerce. SUPPLEMENTARY INFORMATION:
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![59228 Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / Notices
Background to allow drivers to be qualified under suggestion or recommendation. If you
The Federal Motor Carrier Safety this standard while wearing a hearing submit your comments by mail or hand
Administration has authority to grant aid, 35 FR 6458, 6463 (April 22, 1970) delivery, submit them in an unbound
exemptions from many of the Federal and 36 FR 12857 (July 3, 1971). format, no larger than 81⁄2 by 11 inches,
Motor Carrier Safety Regulations FMCSA also issues instructions for suitable for copying and electronic
(FMCSRs) under 49 U.S.C. 31315 and completing the medical examination filing. If you submit comments by mail
31136(e), as amended by section 4007 of report and includes advisory criteria on and would like to know that they
the report itself to provide guidance for reached the facility, please enclose a
the Transportation Equity Act for the
medical examiners in applying the stamped, self-addressed postcard or
21st Century (TEA–21) (Pub. L. 105–
hearing standard. See 49 CFR 391.43(f). envelope.
178, June 9, 1998, 112 Stat. 107, 401).
The current advisory criteria for the We will consider all comments and
FMCSA has published in 49 CFR part
hearing standard include a reference to material received during the comment
381, subpart C final rules implementing
a report entitled ‘‘Hearing Disorders and period and may change this proposed
the statutory changes in its exemption
Commercial Motor Vehicle Drivers’’ rule based on your comments. FMCSA
procedures made by section 4007, 69 FR
prepared for the Federal Highway may issue a final rule at any time after
51589 (August 20, 2004).1 Under the
Administration, FMCSA’s predecessor, the close of the comment period.
rules in part 381, subpart C, FMCSA
in 1993.2
must publish a notice of each exemption Viewing Comments and Documents
request in the Federal Register. The FMCSA Requests Comments on the
Exemption Applications To view comments, go to
Agency must provide the public with an
www.regulations.gov and in the search
opportunity to inspect the information FMCSA requests comments from all box insert the docket number ‘‘FMCSA–
relevant to the application, including interested parties on whether a driver 2015–0325’’ and click ‘‘Search.’’ Next,
any safety analyses that have been who cannot meet the hearing standard click ‘‘Open Docket Folder’’ and you
conducted and any research reports, should be permitted to operate a CMV will find all documents and comments
technical papers and other publications in interstate commerce. Further, the related to the proposed rulemaking.
referenced in the application. The Agency asks for comments on whether
Agency must also provide an a driver who cannot meet the hearing Information on Individual Applicants
opportunity to submit public comment standard should be limited to operating William Terrell Baker
on the applications for exemption. only certain types of vehicles in
The Agency reviews the safety interstate commerce, for example, Mr. Baker, 45, holds an operator’s
analyses and the public comments and vehicles without air brakes. The statute license in Texas.
determines whether granting the and implementing regulations Eric Gale Bonales
exemption would likely achieve a level concerning exemptions require that the
of safety equivalent to or greater than Agency request public comments on all Mr. Bonales, 36, holds an operator’s
the level that would be achieved applications for exemptions. The license in California.
without the exemption. The decision of Agency is also required to make a Lawrance Freeman Cogar
the Agency must be published in the determination that an exemption would
Federal Register. If the Agency denies likely achieve a level of safety that is Mr. Cogar, 46, holds an operator’s
the request, it must state the reason for equivalent to, or greater than, the level license in West Virginia.
doing so. If the decision is to grant the that would be achieved absent such Albert G. Foster
exemption, the notice must specify the exemption before granting any such
person or class of persons receiving the Mr. Foster, 41, holds an operator’s
requests.
exemption and the regulatory provision license in Illinois.
or provisions from which an exemption Submitting Comments
Philip J. Gicola
is granted. The notice must also specify You may submit your comments and
material online or by fax, mail, or hand Mr. Gicola, 59, holds an operator’s
the effective period of the exemption
delivery, but please use only one of license in Pennsylvania.
(up to 2 years) and explain the terms
and conditions of the exemption. The these means. FMCSA recommends that Alvaro Gonzalez
exemption may be renewed. you include your name and a mailing
Mr. Gonzalez, 31, holds an operator’s
The current provisions of the FMCSRs address, an email address, or a phone
license in California.
concerning hearing state that a person is number in the body of your document
physically qualified to drive a CMV if so that FMCSA can contact you if there Daniel Tuan Harnish
that person are questions regarding your
Mr. Harnish, 36, holds an operator’s
First perceives a forced whispered voice in submission.
license in Utah.
the better ear at not less than 5 feet with or To submit your comment online, go to
without the use of a hearing aid or, if tested www.regulations.gov and in the search Cody A. Larrison
by use of an audiometric device, does not box insert the docket number ‘‘FMCSA–
Mr. Larrison, 26, holds an operator’s
have an average hearing loss in the better ear 2015–0325’’ and click the search button.
license in Indiana.
greater than 40 decibels at 500 Hz, 1,000 Hz, When the new screen appears, click on
and 2,000 Hz with or without a hearing aid the blue ‘‘Comment Now!’’ button on John W. Truelove, Jr.
when the audiometric device is calibrated to the right hand side of the page. On the
American National Standard (formerly ASA Mr. Truelove, 58, holds a class A CDL
mstockstill on DSK4VPTVN1PROD with NOTICES6
new page, enter information required in Texas.
Standard) Z24.5–1951. including the specific section of this
49 CFR 391.41(b)(11). This standard was document to which each comment Request for Comments
adopted in 1970, with a revision in 1971 applies, and provide a reason for each In accordance with 49 U.S.C. 31136(e)
1 This action adopted as final rules the interim 2 This report is available on the FMCSA Web site
and 31315(b)(4), FMCSA requests public
final rules issued by FMCSA’s predecessor in 1998 at http://www.fmcsa.dot.gov/facts-research/
comment from all interested persons on
(63 FR 67600 (Dec. 8, 2008)), and adopted by research-technology/publications/medreport_ the exemption petitions described in
FMCSA in 2001 [66 FR 49867 (Oct. 1, 2001)]. archives.htm. this notice. The Agency will consider all
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![Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / Notices 59229
comments received before the close of West Building, 1200 New Jersey Avenue applicants report no severe
business November 2, 2015. Comments SE., Washington, DC, between 9 a.m. hypoglycemic reactions resulting in loss
will be available for examination in the and 5 p.m., Monday through Friday, of consciousness or seizure, requiring
docket at the location listed under the except Federal holidays. the assistance of another person, or
ADDRESSES section of this notice. The Privacy Act: In accordance with 5 resulting in impaired cognitive function
Agency will file comments received U.S.C. 553(c), DOT solicits comments that occurred without warning
after the comment closing date in the from the public to better inform its symptoms, in the past 12 months and no
public docket, and will consider them to rulemaking process. DOT posts these recurrent (2 or more) severe
the extent practicable. In addition to late comments, without edit, including any hypoglycemic episodes in the past 5
comments, FMCSA will also continue to personal information the commenter years. In each case, an endocrinologist
file, in the public docket, relevant provides, to www.regulations.gov, as verified that the driver has
information that becomes available after described in the system of records demonstrated a willingness to properly
the comment closing date. Interested notice (DOT/ALL–14 FDMS), which can monitor and manage his/her diabetes
persons should monitor the public be reviewed at www.dot.gov/privacy. mellitus, received education related to
docket for new material. II. Background diabetes management, and is on a stable
Issued on: September 25, 2015. insulin regimen. These drivers report no
On July 15, 2015, FMCSA published other disqualifying conditions,
Larry W. Minor, a notice of receipt of Federal diabetes including diabetes-related
Associate Administrator for Policy. exemption applications from 58 complications. Each meets the vision
[FR Doc. 2015–24923 Filed 9–30–15; 8:45 am] individuals and requested comments requirement at 49 CFR 391.41(b)(10).
BILLING CODE 4910–EX–P from the public (80 FR 41550). The The qualifications and medical
public comment period closed on condition of each applicant were stated
August 14, 2015, and no comments were and discussed in detail in the July 15,
DEPARTMENT OF TRANSPORTATION received. 2015, Federal Register notice and they
FMCSA has evaluated the eligibility will not be repeated in this notice.
Federal Motor Carrier Safety of the 58 applicants and determined that
Administration granting the exemptions to these III. Discussion of Comments
[FMCSA Docket No. FMCSA–2015–0063] individuals would achieve a level of FMCSA received no comments in this
safety equivalent to or greater than the proceeding.
Qualification of Drivers; Exemption level that would be achieved by
Applications; Diabetes Mellitus complying with the current regulation IV. Basis for Exemption Determination
49 CFR 391.41(b)(3). Under 49 U.S.C. 31136(e) and 31315,
AGENCY: Federal Motor Carrier Safety FMCSA may grant an exemption from
Administration (FMCSA), DOT. Diabetes Mellitus and Driving
the diabetes requirement in 49 CFR
ACTION: Notice of final disposition. Experience of the Applicants
391.41(b)(3) if the exemption is likely to
The Agency established the current achieve an equivalent or greater level of
SUMMARY: FMCSA confirms its decision requirement for diabetes in 1970
to exempt 58 individuals from its rule safety than would be achieved without
because several risk studies indicated the exemption. The exemption allows
prohibiting persons with insulin-treated that drivers with diabetes had a higher
diabetes mellitus (ITDM) from operating the applicants to operate CMVs in
rate of crash involvement than the interstate commerce.
commercial motor vehicles (CMVs) in general population. The diabetes rule To evaluate the effect of these
interstate commerce. The exemptions provides that ‘‘A person is physically exemptions on safety, FMCSA
enable these individuals to operate qualified to drive a commercial motor considered medical reports about the
CMVs in interstate commerce. vehicle if that person has no established applicants’ ITDM and vision, and
DATES: The exemptions were effective medical history or clinical diagnosis of reviewed the treating endocrinologists’
on August 15, 2015. The exemptions diabetes mellitus currently requiring medical opinion related to the ability of
expire on August 15, 2017. insulin for control’’ (49 CFR the driver to safely operate a CMV while
FOR FURTHER INFORMATION CONTACT: 391.41(b)(3)). using insulin.
Charles A. Horan, III, Director, Carrier, FMCSA established its diabetes Consequently, FMCSA finds that in
Driver and Vehicle Safety Standards, exemption program, based on the each case exempting these applicants
(202) 366–4001, fmcsamedical@dot.gov, Agency’s July 2000 study entitled ‘‘A from the diabetes requirement in 49 CFR
FMCSA, Room W64–224, Department of Report to Congress on the Feasibility of 391.41(b)(3) is likely to achieve a level
Transportation, 1200 New Jersey a Program to Qualify Individuals with of safety equal to that existing without
Avenue SE., Washington, DC 20590– Insulin-Treated Diabetes Mellitus to the exemption.
0001. Office hours are from 8:30 a.m. to Operate in Interstate Commerce as
5 p.m., Monday through Friday, except Directed by the Transportation Act for V. Conditions and Requirements
Federal holidays. the 21st Century.’’ The report concluded The terms and conditions of the
SUPPLEMENTARY INFORMATION: that a safe and practicable protocol to exemption will be provided to the
allow some drivers with ITDM to applicants in the exemption document
I. Electronic Access operate CMVs is feasible. The and they include the following: (1) That
You may see all the comments online September 3, 2003 (68 FR 52441), each individual submit a quarterly
mstockstill on DSK4VPTVN1PROD with NOTICES6
through the Federal Document Federal Register notice in conjunction monitoring checklist completed by the
Management System (FDMS) at: http:// with the November 8, 2005 (70 FR treating endocrinologist as well as an
www.regulations.gov. 67777), Federal Register notice provides annual checklist with a comprehensive
Docket: For access to the docket to the current protocol for allowing such medical evaluation; (2) that each
read background documents or drivers to operate CMVs in interstate individual reports within 2 business
comments, go to http:// commerce. days of occurrence, all episodes of
www.regulations.gov and/or Room These 58 applicants have had ITDM severe hypoglycemia, significant
W12–140 on the ground level of the over a range of one to 50 years. These complications, or inability to manage
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Document Created: 2015-12-15 08:40:22
Document Modified: 2015-12-15 08:40:22
| 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 November 2, 2015. | |
| Contact | Charles A. Horan, III, Director, Office of Carrier, Driver and Vehicle Safety, (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 59227 |
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