80 FR 77079 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 80, Issue 238 (December 11, 2015)
Federal Motor Carrier Safety Administration
Federal Register Volume 80, Issue 238 (December 11, 2015)
| Page Range | 77079-77080 | |
| FR Document | 2015-31266 |
[Federal Register Volume 80, Number 238 (Friday, December 11, 2015)] [Notices] [Pages 77079-77080] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-31266] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA-2015-0065] 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 44 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 September 12, 2015. The exemptions expire on September 12, 2017. FOR FURTHER INFORMATION CONTACT: Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m. e.t., 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 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 August 12, 2015, FMCSA published a notice of receipt of Federal diabetes exemption applications from 44 individuals and requested comments from the public (80 FR 48396). The public comment period closed on September 11, 2015, and 3 comments were received. FMCSA has evaluated the eligibility of the 44 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 44 applicants have had ITDM over a range of 1 to 41 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 August 12, 2015, Federal Register notice and they will not be repeated in this notice. III. Discussion of Comments FMCSA received 3 comments in this proceeding. Jamie Savarese and Louis Savarese believe that Jackson A. Savarese should be granted an exemption. While Donald R. Meckley, Jr. stated that his name was spelled incorrectly in the request for comments. The spelling has been corrected in this notice. 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 [[Page 77080]] 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 44 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)): Larry J. Afseth (MN) Reyanldo R. Amaro (TX) Brandon C. Bair (NV) Karl A. Brown (MA) Margaret K. Chezum (IA) James K. Copley (WV) Francis C. Coryea (NY) Richard L. Corzine (IL) Kevin D. Crouse (CA) Thomas A. Draper (CA) Tyler J. Emmert (MN) Wade A. Firn (MN) John J. Fortman (ND) Jamey M. George (MO) Matthew Harkanson (PA) Kenneth P. Hazel (NM) Tracy D. Henderson (NM) Gary H. Jacobs (VT) Jack L. Lane, Jr. (KS) Thomas J. Leffingwell (NY) Jordan S. Leventhal (CT) Travis C. McMonagle (CA) Donald R. Meckley, Jr. (MD) Jeffrey K. Moore (KY) Michael A. Moore, Sr. (MA) Fernando A. Munoz (TX) Sidney T. Nalley Jr. (GA) Jason B. Nolte (IN) Kenneth H. Owens (GA) James G. Pruitt (MO) Thomas V. Ransom (ID) Raymond D. Reber (IN) Frank L. Rice (IL) Bernard L. Robinson (VA) Jackson A. Savarese (TX) Richard A. Sawyer (ME) Bruno T. Schizzano (NY) Christopher S. Seago (NE) Jamie A. Solem (MN) Joseph W. Sprague (NM) Cory M. Vance (IN) Derrick L. Vaughn (TX) Anthony J. Vicario (NY) Henry D. Yeska, III (PA) 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: December 2, 2015. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2015-31266 Filed 12-10-15; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 80, No. 238 / Friday, December 11, 2015 / Notices 77079
the specific quantity set out in that note notice (DOT/ALL–14 FDMS), which can monitor and manage his/her diabetes
for Panama for CY 2016). be reviewed at www.dot.gov/privacy. mellitus, received education related to
diabetes management, and is on a stable
Darci L. Vetter, II. Background
insulin regimen. These drivers report no
Chief Agricultural Negotiator, Office of the On August 12, 2015, FMCSA other disqualifying conditions,
United States Trade Representative. published a notice of receipt of Federal including diabetes-related
[FR Doc. 2015–31192 Filed 12–10–15; 8:45 am] diabetes exemption applications from complications. Each meets the vision
BILLING CODE 3290–F6–P 44 individuals and requested comments requirement at 49 CFR 391.41(b)(10).
from the public (80 FR 48396). The The qualifications and medical
public comment period closed on condition of each applicant were stated
DEPARTMENT OF TRANSPORTATION September 11, 2015, and 3 comments and discussed in detail in the August
were received. 12, 2015, Federal Register notice and
Federal Motor Carrier Safety FMCSA has evaluated the eligibility they will not be repeated in this notice.
Administration of the 44 applicants and determined that
granting the exemptions to these III. Discussion of Comments
[FMCSA Docket No. FMCSA–2015–0065] individuals would achieve a level of FMCSA received 3 comments in this
safety equivalent to or greater than the proceeding. Jamie Savarese and Louis
Qualification of Drivers; Exemption level that would be achieved by
Applications; Diabetes Mellitus Savarese believe that Jackson A.
complying with the current regulation Savarese should be granted an
AGENCY: Federal Motor Carrier Safety 49 CFR 391.41(b)(3). exemption. While Donald R. Meckley,
Administration (FMCSA), DOT. Diabetes Mellitus and Driving Jr. stated that his name was spelled
ACTION: Notice of final disposition. Experience of the Applicants incorrectly in the request for comments.
The spelling has been corrected in this
SUMMARY: FMCSA confirms its decision The Agency established the current notice.
to exempt 44 individuals from its rule requirement for diabetes in 1970
because several risk studies indicated IV. Basis for Exemption Determination
prohibiting persons with insulin-treated
diabetes mellitus (ITDM) from operating that drivers with diabetes had a higher Under 49 U.S.C. 31136(e) and 31315,
commercial motor vehicles (CMVs) in rate of crash involvement than the FMCSA may grant an exemption from
interstate commerce. The exemptions general population. The diabetes rule the diabetes requirement in 49 CFR
enable these individuals to operate provides that ‘‘A person is physically 391.41(b)(3) if the exemption is likely to
CMVs in interstate commerce. qualified to drive a commercial motor achieve an equivalent or greater level of
vehicle if that person has no established safety than would be achieved without
DATES: The exemptions were effective
medical history or clinical diagnosis of the exemption. The exemption allows
on September 12, 2015. The exemptions
diabetes mellitus currently requiring the applicants to operate CMVs in
expire on September 12, 2017.
insulin for control’’ (49 CFR interstate commerce.
FOR FURTHER INFORMATION CONTACT: 391.41(b)(3)). To evaluate the effect of these
Christine A. Hydock, Chief, Medical FMCSA established its diabetes exemptions on safety, FMCSA
Programs Division, (202) 366–4001, exemption program, based on the considered medical reports about the
fmcsamedical@dot.gov, FMCSA, Agency’s July 2000 study entitled ‘‘A applicants’ ITDM and vision, and
Department of Transportation, 1200 Report to Congress on the Feasibility of reviewed the treating endocrinologists’
New Jersey Avenue SE., Room W64– a Program to Qualify Individuals with medical opinion related to the ability of
113, Washington, DC 20590–0001. Insulin-Treated Diabetes Mellitus to the driver to safely operate a CMV while
Office hours are from 8:30 a.m. to 5 p.m. Operate in Interstate Commerce as using insulin.
e.t., Monday through Friday, except Directed by the Transportation Act for Consequently, FMCSA finds that in
Federal holidays. the 21st Century.’’ The report concluded each case exempting these applicants
SUPPLEMENTARY INFORMATION: that a safe and practicable protocol to from the diabetes requirement in 49 CFR
allow some drivers with ITDM to 391.41(b)(3) is likely to achieve a level
I. Electronic Access
operate CMVs is feasible. The of safety equal to that existing without
You may see all the comments online September 3, 2003 (68 FR 52441), the exemption.
through the Federal Document Federal Register notice in conjunction
Management System (FDMS) at: http:// with the November 8, 2005 (70 FR V. Conditions and Requirements
www.regulations.gov. 67777), Federal Register notice provides The terms and conditions of the
Docket: For access to the docket to the current protocol for allowing such exemption will be provided to the
read background documents or drivers to operate CMVs in interstate applicants in the exemption document
comments, go to http:// commerce. and they include the following: (1) That
www.regulations.gov and/or Room These 44 applicants have had ITDM each individual submit a quarterly
W12–140 on the ground level of the over a range of 1 to 41 years. These monitoring checklist completed by the
West Building, 1200 New Jersey Avenue applicants report no severe treating endocrinologist as well as an
SE., Washington, DC, between 9 a.m. hypoglycemic reactions resulting in loss annual checklist with a comprehensive
and 5 p.m., Monday through Friday, of consciousness or seizure, requiring medical evaluation; (2) that each
except Federal holidays. the assistance of another person, or individual reports within 2 business
Privacy Act: In accordance with 5 resulting in impaired cognitive function days of occurrence, all episodes of
jstallworth on DSK7TPTVN1PROD with NOTICES
U.S.C. 553(c), DOT solicits comments that occurred without warning severe hypoglycemia, significant
from the public to better inform its symptoms, in the past 12 months and no complications, or inability to manage
rulemaking process. DOT posts these recurrent (2 or more) severe diabetes; also, any involvement in an
comments, without edit, including any hypoglycemic episodes in the past 5 accident or any other adverse event in
personal information the commenter years. In each case, an endocrinologist a CMV or personal vehicle, whether or
provides, to www.regulations.gov, as verified that the driver has not it is related to an episode of
described in the system of records demonstrated a willingness to properly hypoglycemia; (3) that each individual
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![77080 Federal Register / Vol. 80, No. 238 / Friday, December 11, 2015 / Notices
provide a copy of the ophthalmologist’s two years unless revoked earlier by project listed below. The actions on the
or optometrist’s report to the medical FMCSA. The exemption will be revoked project, as well as the laws under which
examiner at the time of the annual if the following occurs: (1) The person such actions were taken, are described
medical examination; and (4) that each fails to comply with the terms and in the documentation issued in
individual provide a copy of the annual conditions of the exemption; (2) the connection with the project to comply
medical certification to the employer for exemption has resulted in a lower level with the National Environmental Policy
retention in the driver’s qualification of safety than was maintained before it Act (NEPA) and in other documents in
file, or keep a copy in his/her driver’s was granted; or (3) continuation of the the FTA administrative record for the
qualification file if he/she is self- exemption would not be consistent with project. Interested parties may contact
employed. The driver must also have a the goals and objectives of 49 U.S.C. either the project sponsor or the relevant
copy of the certification when driving, 31136(e) and 31315. If the exemption is FTA Regional Office for more
for presentation to a duly authorized still effective at the end of the 2-year information. Contact information for
Federal, State, or local enforcement period, the person may apply to FMCSA
FTA’s Regional Offices may be found at
official. for a renewal under procedures in effect
http://www.fta.dot.gov.
at that time.
VI. Conclusion This notice applies to all FTA
Issued on: December 2, 2015.
Based upon its evaluation of the 44 decisions on the listed project as of the
Larry W. Minor,
exemption applications, FMCSA issuance date of this notice and all laws
exempts the following drivers from the Associate Administrator for Policy.
under which such actions were taken,
diabetes requirement in 49 CFR [FR Doc. 2015–31266 Filed 12–10–15; 8:45 am]
including, but not limited to, NEPA [42
391.41(b)(10), subject to the BILLING CODE 4910–EX–P
U.S.C. 4321–4375], Section 4(f) of the
requirements cited above 949 CFR Department of Transportation Act of
391.64(b)): 1966 [49 U.S.C. 303], Section 106 of the
DEPARTMENT OF TRANSPORTATION
Larry J. Afseth (MN) National Historic Preservation Act [16
Reyanldo R. Amaro (TX) Federal Transit Administration U.S.C. 470f], and the Clean Air Act [42
Brandon C. Bair (NV) U.S.C. 7401–7671q]. This notice does
Karl A. Brown (MA) Limitation on Claims Against a not, however, alter or extend the
Margaret K. Chezum (IA) Proposed Public Transportation limitation period for challenges of
James K. Copley (WV) Project project decisions subject to previous
Francis C. Coryea (NY)
Richard L. Corzine (IL) AGENCY: Federal Transit Administration notices published in the Federal
Kevin D. Crouse (CA) (FTA), DOT. Register. The project and actions that
Thomas A. Draper (CA) ACTION: Notice.
are the subject of this notice are:
Tyler J. Emmert (MN) Project name and location: Link Light
Wade A. Firn (MN) SUMMARY: This notice announces final Rail Operations and Maintenance
John J. Fortman (ND) environmental actions taken by the Satellite Facility, Bellevue, WA. Project
Jamey M. George (MO) Federal Transit Administration (FTA) sponsor: Central Puget Sound Regional
Matthew Harkanson (PA) for a project in Bellevue, WA. The Transit Authority (Sound Transit).
Kenneth P. Hazel (NM) purpose of this notice is to announce Project description: The proposed
Tracy D. Henderson (NM) publicly the environmental decisions by project would provide service and
Gary H. Jacobs (VT) FTA on the subject project and to
Jack L. Lane, Jr. (KS) inspection functions to support
activate the limitation on any claims
Thomas J. Leffingwell (NY) approximately 90 light rail vehicles and
that may challenge these final
Jordan S. Leventhal (CT) would be used to store, maintain, and
environmental actions.
Travis C. McMonagle (CA) dispatch vehicles for daily service. Final
DATES: By this notice, FTA is advising
Donald R. Meckley, Jr. (MD) agency actions: No use determination of
the public of final agency actions
Jeffrey K. Moore (KY) Section 4(f) resources; Section 106
subject to Section 139(l) of Title 23,
Michael A. Moore, Sr. (MA) finding of no historic properties
United States Code (U.S.C.). A claim
Fernando A. Munoz (TX) seeking judicial review of FTA actions affected; project-level air quality
Sidney T. Nalley Jr. (GA) conformity; and Record of Decision,
announced herein for the listed public
Jason B. Nolte (IN) dated November 4, 2015. Supporting
transportation project will be barred
Kenneth H. Owens (GA) documentation: Final Environmental
unless the claim is filed on or before
James G. Pruitt (MO) Impact Statement, dated September 25,
May 9, 2016.
Thomas V. Ransom (ID) 2015.
Raymond D. Reber (IN) FOR FURTHER INFORMATION CONTACT:
Frank L. Rice (IL) Nancy-Ellen Zusman, Assistant Chief Lucy Garliauskas,
Bernard L. Robinson (VA) Counsel, Office of Chief Counsel, (312) Associate Administrator Planning and
Jackson A. Savarese (TX) 353–2577 or Terence Plaskon, Environment.
Richard A. Sawyer (ME) Environmental Protection Specialist, [FR Doc. 2015–31225 Filed 12–10–15; 8:45 am]
Bruno T. Schizzano (NY) Office of Environmental Programs, (202)
BILLING CODE P
Christopher S. Seago (NE) 366–0442. FTA is located at 1200 New
Jamie A. Solem (MN) Jersey Avenue SE., Washington, DC
jstallworth on DSK7TPTVN1PROD with NOTICES
Joseph W. Sprague (NM) 20590. Office hours are from 9:00 a.m.
Cory M. Vance (IN) to 5:30 p.m., Monday through Friday,
Derrick L. Vaughn (TX) except Federal holidays.
Anthony J. Vicario (NY) SUPPLEMENTARY INFORMATION: Notice is
Henry D. Yeska, III (PA) hereby given that FTA has taken final
In accordance with 49 U.S.C. 31136(e) agency actions by issuing certain
and 31315 each exemption is valid for approvals for the public transportation
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Document Created: 2018-03-02 09:12:32
Document Modified: 2018-03-02 09:12:32
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of final disposition. | |
| Dates | The exemptions were effective on September 12, 2015. The exemptions expire on September 12, 2017. | |
| Contact | Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m. e.t., Monday through Friday, except Federal holidays. | |
| FR Citation | 80 FR 77079 |
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