81 FR 36378 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 81, Issue 108 (June 6, 2016)
Federal Motor Carrier Safety Administration
Federal Register Volume 81, Issue 108 (June 6, 2016)
| Page Range | 36378-36380 | |
| FR Document | 2016-13263 |
[Federal Register Volume 81, Number 108 (Monday, June 6, 2016)] [Notices] [Pages 36378-36380] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-13263] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA-2015-0341] 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 40 individuals from its rule prohibiting persons with insulin-treated diabetes mellitus (ITDM) from operating commercial motor vehicles (CMVs) in interstate commerce. The exemptions enable these individuals to operate CMVs in interstate commerce. DATES: The exemptions were effective on February 17, 2016. The exemptions expire on February 17, 2018. 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. [[Page 36379]] and 5 p.m., Monday through Friday, except Federal holidays. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy. II. Background On January 14, 2016, FMCSA published a notice of receipt of Federal diabetes exemption applications from 40 individuals and requested comments from the public (81 FR 1987. The public comment period closed on February 16, 2016, and 1 comment was received. FMCSA has evaluated the eligibility of the 40 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 40 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 January 14, 2016, Federal Register notice and they will not be repeated in this notice. III. Discussion of Comments FMCSA received one comment in this proceeding. Jayme Dehner stated that, in her opinion, drivers with diabetes manage their health better than other drivers and is in favor of granting the exemptions. 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 40 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)): Kevin D. Aaron (PA) Juan Acevedo (FL) Philip K. Allen (NY) Marvin L. Attaway (NM) Lewis M. Belcher (WV) Walter E. Boles (OH) Eugene O. Carr, Jr. (DE) Tracy R. Clark (KY) Jerry L. Coward (NC) Wesley N. Cubby (NJ) Robert C. Davis (MI) Michael G. Deschenes (MN) James C. Detwiler (PA) Jay E. Diller (PA) Thomas M. Ellis (PA) Jose N. Escobar (MD) James C. Gilkerson (OH) Frank J. Gogno (PA) Michael D. Hashem (MA) George W. Hauck (LA) Aseneka K. Igambi (TX) Hayward G. Jinright (AL) James S. Kauffman (PA) Kevin M. Kemp (NJ) Anthony M. Lopez (TX) Carlos A. Montano (NY) Patrick O. Parent (DE) Michael J. Payne (MD) Charles B. Perry (OR) Christopher M. Seals (MS) Robert Sienkiewicz (MI) Craig A. Sines (OR) Joel K. Spencer (AL) Michael J. Sweeney (NY) Kendall W. Unruh (MO) Daniel R. Vilart (WA) Billy F. Wallace (AL) Travis J. Womack (NC) Logan D. Yoder (IN) Landon L. Zimmerman (PA) [[Page 36380]] 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 31, 2016 Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016-13263 Filed 6-3-16; 8:45 am] BILLING CODE 4910-EX-P
![36378 Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Notices
release property at the Ankeny Regional Wendell H. Ford Aviation Investment will be reinvested in future AIP eligible
Airport (IKV) submitted by the Sponsor Reform Act for the 21st Century (AIR projects and will be used to offset future
meets the procedural requirements of 21), now 49 U.S.C. 47107(h)(2). AIP grants.
the Federal Aviation Administration DATES: Comments must be received on Any person may inspect, by
and the release of the property does not or before July 6, 2016. appointment, the request in person at
and will not impact future aviation ADDRESSES: Comments on this the FAA office listed above under FOR
needs at the airport. The FAA may application may be mailed or delivered FURTHER INFORMATION CONTACT.
approve the request, in whole or in part, to the FAA at the following address: Mr. In addition, any person may, upon
no sooner than thirty days after the John P. Bauer, Manager, Federal appointment and request, inspect the
publication of this Notice. Aviation Administration, Northwest application, notice and other documents
The following is a brief overview of Mountain Region, Airports Division, germane to the application in person at
the request: Denver Airports District Office, 26805 E. Ralph Wenz Field.
Ankeny Regional Airport (IKV) is 68th Avenue, Suite 224, Denver, Issued in Denver, Colorado, on May 23,
proposing the release of one parcel, of Colorado 80249–6361. 2016.
10.42 acres, more or less. The release of In addition, one copy of any John P. Bauer,
land is necessary to comply with comments submitted to the FAA must Manager, Denver Airports District Office.
Federal Aviation Administration Grant be mailed or delivered to Mr. James C. [FR Doc. 2016–13179 Filed 6–3–16; 8:45 am]
Assurances that do not allow federally Parker, Jr., Airport Manager, Ralph
BILLING CODE 4910–13–P
acquired airport property to be used for Wenz Field, Pinedale, Wyoming, at the
non-aviation purposes. The sale of the following address: Mr. James C. Parker,
subject property will result in the land Jr., Airport Manager, Ralph Wenz Field, DEPARTMENT OF TRANSPORTATION
at the Ankeny Regional Airport (IKV) P.O. Box 1766, Pinedale, Wyoming
being changed from aeronautical to non- 82941. Federal Motor Carrier Safety
aeronautical use and release the lands Administration
FOR FURTHER INFORMATION CONTACT: Mr.
from the conditions of the Airport
Jesse Lyman, Wyoming State Engineer, [FMCSA Docket No. FMCSA–2015–0341]
Improvement Program Grant Agreement
Federal Aviation Administration,
Grant Assurances. In accordance with
Northwest Mountain Region, Denver Qualification of Drivers; Exemption
49 U.S.C. 47107(c)(2)(B)(i) and (iii), the
Airports District Office, 26805 E. 68th Applications; Diabetes Mellitus
airport will receive fair market value for
Avenue, Suite 224, Denver, Colorado
the property, which will be AGENCY: Federal Motor Carrier Safety
80249–6361.
subsequently reinvested in another The request to release property may Administration (FMCSA), DOT
eligible airport improvement project for be reviewed, by appointment, in person ACTION: Notice of final disposition.
general aviation facilities at the Ankeny at this same location.
Regional Airport. SUMMARY: FMCSA confirms its decision
SUPPLEMENTARY INFORMATION: The FAA
Any person may inspect, by to exempt 40 individuals from its rule
appointment, the request in person at invites public comment on the request prohibiting persons with insulin-treated
the FAA office listed above under FOR to release property at Ralph Wenz Field diabetes mellitus (ITDM) from operating
FURTHER INFORMATION CONTACT. In
under the provisions of the AIR 21 (49 commercial motor vehicles (CMVs) in
addition, any person may, upon U.S.C. 47107(h)(2)). interstate commerce. The exemptions
On May 23, 2016, the FAA
appointment and request, inspect the enable these individuals to operate
determined that the request to release
application, notice and other documents CMVs in interstate commerce.
property at Ralph Wenz Field submitted
determined by the FAA to be related to DATES: The exemptions were effective
by The Town of Pinedale meets the
the application in person at the Ankeny on February 17, 2016. The exemptions
procedural requirements of the FAA.
Regional Airport. expire on February 17, 2018.
The FAA may approve the request, in
Issued in Kansas City, MO on May 24, whole or in part, no later than July 6, FOR FURTHER INFORMATION CONTACT:
2016. 2016. Christine A. Hydock, Chief, Medical
Jim A. Johnson, The following is a brief overview of Programs Division, (202) 366–4001,
Manager, Airports Division. the request: fmcsamedical@dot.gov, FMCSA,
[FR Doc. 2016–13183 Filed 6–3–16; 8:45 am] The Town of Pinedale, Wyoming, is Department of Transportation, 1200
BILLING CODE 4910–13–P proposing the release from the terms, New Jersey Avenue SE., Room W64–
conditions, reservations, and 113, Washington, DC 20590–0001.
restrictions on a 0.76 acre parcel of Office hours are from 8:30 a.m. to 5 p.m.
DEPARTMENT OF TRANSPORTATION property acquired by the Town of e.t., Monday through Friday, except
Pinedale on November 9, 2004, with the Federal holidays.
Federal Aviation Administration assistance of Airport Improvement SUPPLEMENTARY INFORMATION:
Program (AIP) Grant No. 3–56–0021–11.
Notice of Intent To Rule on Request To This parcel is outside of the Runway I. Electronic Access
Release Airport Property at Ralph Protection Zone and is considered a You may see all the comments online
Wenz Field, Pinedale, Wyoming non-economic remnant. The parcel in through the Federal Document
AGENCY: Federal Aviation question has been part of a long- Management System (FDMS) at: http://
standing lawsuit regarding a property www.regulations.gov.
sradovich on DSK3TPTVN1PROD with NOTICES
Administration (FAA), DOT.
ACTION: Notice of request to release line dispute with the adjacent Docket: For access to the docket to
airport property. landowners. A settlement has been read background documents or
reviewed and approved by the district comments, go to http://
SUMMARY: The FAA proposes to rule and court to deed this parcel of land back to www.regulations.gov and/or Room
invite public comment on the release of the adjacent landowners. As the W12–140 on the ground level of the
land at Ralph Wenz Field under the property was purchased with AIP funds, West Building, 1200 New Jersey Avenue
provisions of Section 125 of the the fair market value of the property SE., Washington, DC, between 9 a.m.
VerDate Sep<11>2014 16:36 Jun 03, 2016 Jkt 238001 PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 E:\FR\FM\06JNN1.SGM 06JNN1](https://thefederalregister.org/doc/81_FR_36486/page/1.svg)
![36380 Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Notices
In accordance with 49 U.S.C. 31136(e) ADDRESSES: Send comments to the particular CWS product class (e.g.,
and 31315 each exemption is valid for Office of Information and Regulatory forward collision warning (FCW)), there
two years unless revoked earlier by Affairs, Office of Management and are also differences in how suppliers
FMCSA. The exemption will be revoked Budget, 725 17th Street NW., present collision warnings, including
if the following occurs: (1) The person Washington, DC 20503, Attention: the design of visual displays and
fails to comply with the terms and NHTSA Desk Officer. auditory alerts. Typically, suppliers will
conditions of the exemption; (2) the FOR FURTHER INFORMATION CONTACT: For use a combination of visual and audio
exemption has resulted in a lower level additional information or access to modalities to convey a potential crash
of safety than was maintained before it background documents, contact Ritchie situation to the driver. However, their
was granted; or (3) continuation of the Huang, Crash Avoidance and Electronic implementations vary across factors
exemption would not be consistent with Controls Division, NHTSA, 1200 New such as the visual interface, auditory
the goals and objectives of 49 U.S.C. Jersey Ave. SE., Washington, DC 20590; alert, and the salience of alerts. While
31136(e) and 31315. If the exemption is Telephone (202) 366–5586; Facsimile: CWS implementations change and
still effective at the end of the 2-year (202) 366–8546; email address: evolve, it is likely that certain warning
period, the person may apply to FMCSA ritchie.huang@dot.gov. interfaces are more effective than others
for a renewal under procedures in effect SUPPLEMENTARY INFORMATION: Before a during crash-imminent situations. This
at that time. Federal agency can collect certain research seeks to examine the impact of
Issued on: May 31, 2016 information from the public, it must CWSs as they pertain to commercial
Larry W. Minor, receive approval from the Office of motor vehicle safety. The primary goal
Management and Budget (OMB). In of this effort is to evaluate CWSs and
Associate Administrator for Policy.
compliance with these requirements, assess the effectiveness of these driver-
[FR Doc. 2016–13263 Filed 6–3–16; 8:45 am]
this notice announces that the following vehicle interfaces for heavy trucks and
BILLING CODE 4910–EX–P motorcoaches.
information collection request has been
forwarded to OMB. In the October 29, Respondents: Virginia, West Virginia,
2015 Federal Register 1, NHTSA North Carolina, and Tennessee drivers
DEPARTMENT OF TRANSPORTATION
published a 60-day notice requesting with a valid Class A commercial driver
National Highway Traffic Safety public comment on the proposed license.
Administration collection of information. We received Estimated Number of Respondents: It
zero comments. is estimated that up to 60 Class A CDL
OMB Control Number: To be issued at drivers will participate; however, it is
[Docket No. NHTSA 2015–0061]
time of approval. estimated that up to 100 Class A CDL
Request for Approval of a New Title: Heavy Vehicle Collision drivers will complete the eligibility
Information Collection Warning Interfaces. questionnaire in order to obtain 60 Class
Form Numbers: None. A CDL drivers that meet the criteria to
Notice and request for
ACTION: Type of Review: New information participate.
comments . collection. Estimated Time per Response:
Abstract: Crash warning systems Completion of the eligibility
SUMMARY: In compliance with the (CWSs) for commercial motor vehicles questionnaire is expected to take 10
Paperwork Reduction Act of 1995 (44 have been available for more than 20 minutes while the demographics
U.S.C. 3501 et seq.), this notice years. CWSs can include features such questionnaire is expected to take two
announces that the Information as forward collision and lane departure minutes. The mid-study questionnaires
Collection Request (ICR) abstracted warnings and use a variety of sensor 10 minutes total and the post study
below is being forwarded to the Office technologies (e.g., radar) to determine questionnaire will take 15 minutes.
of Management and Budget (OMB) for the crash risk of a collision. CWSs are Total Estimated Burden: 37 minutes
review and comments. Federal Register designed to warn the driver to take per respondent (44 hours total).
Notice with a 60-day comment period action to avoid or mitigate a potential Frequency of Collection: Onetime for
soliciting comments on the following crash. the eligibility, post study, and
information collection was published on CWSs are available as both options demographic questionnaire; three times
October 29, 2016. from OEMs and as aftermarket/retrofit for the mid study questionnaire.
DATES: Written comments should be devices. While there are certain NHTSA estimates the burden of this
submitted on or before July 6, 2016. similarities between offerings within a collection of information as follows:
TABLE 1—ESTIMATED BURDEN HOURS
Estimated Total
Total
Number of Frequency Number of individual annualize
Instrument estimated
respondents 1 of responses questions burden cost to
burden hours
(minutes) respondents 2
Eligibility questionnaire ............................ 100 1 26 10 17 $ 414.80
Demographic questionnaire ..................... 60 1 7 2 2 48.80
Mid-study questionnaires ......................... 60 3 9 10 10 244.00
sradovich on DSK3TPTVN1PROD with NOTICES
Post study questionnaire ......................... 60 1 12 15 15 366.00
Total .................................................. ........................ ........................ ........................ ........................ 44 1,073.60
1 The
number of respondents in this table includes drop-out rates.
2 Estimated based on the mean hourly rate for Virginia (all occupations) is $24.40 as reported in the May 2014 Occupational Employment and
Wage Estimates, Bureau of Labor Statistics. http://www.bls.gov/oes/current/oes_va.htm.
1 80 FR 24314 (April 30, 2015).
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Document Created: 2016-06-04 00:16:33
Document Modified: 2016-06-04 00:16:33
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of final disposition. | |
| Dates | The exemptions were effective on February 17, 2016. The exemptions expire on February 17, 2018. | |
| 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 | 81 FR 36378 |
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