81 FR 40743 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 81, Issue 120 (June 22, 2016)
Federal Motor Carrier Safety Administration
Federal Register Volume 81, Issue 120 (June 22, 2016)
| Page Range | 40743-40745 | |
| FR Document | 2016-14751 |
[Federal Register Volume 81, Number 120 (Wednesday, June 22, 2016)] [Notices] [Pages 40743-40745] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-14751] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA-[2015-0342] 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 91 individuals from its rule prohibiting persons with insulin-treated diabetes mellitus (ITDM) from operating commercial motor vehicles (CMVs) in interstate commerce. The exemptions enable these individuals to operate CMVs in interstate commerce. DATES: The exemptions were effective on April 1, 2016. The exemptions expire on April 1, 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. and 5 p.m., Monday through Friday, except Federal holidays. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy. II. Background On March 1, 2016, FMCSA published a notice of receipt of Federal diabetes exemption applications from 91 individuals and requested comments from the public (81 FR 10703). The public comment period closed on March 31, 2016, and 5 comments were received. FMCSA has evaluated the eligibility of the 91 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 [[Page 40744]] 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 91 applicants have had ITDM over a range of 1 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 March 1, 2016, Federal Register notice and they will not be repeated in this notice. III. Discussion of Comments FMCSA received five comments in this proceeding. Brad Frazier, Ernie Sanchez, James Dowden, Gregory Skloda, and an anonymous commenter are 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 91 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)): Erich R. Adam (WI) Phillip W. Ballew (GA) Dennis B. Basmajian (PA) Glen A. Bayne (ND) Gary E. Bennett (NC) Harry Berrios (MA) Terry D. Bettcher (NE) Jeremy S. Beyerl (PA) Norvan D. Bilyeu (OK) Robert P. Blum (IA) Mario Boccio (FL) Christopher J. Branham (SC) Willard A. Brown (VA) Chanley W. Carter (FL) Trevor K. Chaplin (IA) Candace L. Coccimiglio (PA) Matthew C. Costa (MA) Wilfredo Costa (NY) Joseph F. Coyle (KY) Robert P. Crisp (SD) Philip W. Cumbie (AL) John H. Cuppett (GA) Quentin W.S. Dasilva (PA) Randal L. DeBord (TN) Eudes N. De-Leon (PA) Eric H. DeVaughn (MD) Aleksandr Faynkikh (NY) Berry C. Feuerbacher (GA) Isaac W. Fitzgerald (UT) Alex C. Ford (IL) Robert C. Freeman (VA) Timothy D. Frye (NY) Samuel J. Gonzales (NM) Carlos Guzman-Pineda (WA) Steven R. Hatch (MI) William D. Herman (MN) Kyle W. Higgs (IL) Floyd E. Holt, Jr. (VA) Michael J. Jaques (MN) Randall L. Jastram (SD) Thomas M. Johnson (NM) Steven R. Jordan (NC) Kevin A. Kane (NY) Ryan B. Kincade (CA) Christopher S. Kuiper (MN) Herman M. Laggart (MO) William M. LaPrade (VA) Martin L. Layden (NY) John Malloy (PA) Bobby L. McCallister (WV) James W. McMenamin (PA) Daniel J. Milles, Jr. (FL) Miguel A. Molina (CO) Darin R. Mullins (NY) Douglas B. Murrell (IN) Joshua A. Myers (OH) Howard L. Nelson (IA) William C. Nelson (IA) Chris R. Niles (WA) Keith E. Osterbaan (MI) George R. Otis (MA) Bolaji B. Oyegbola (DC) Teddy D. Peller (AL) Jeffrey P. Peloquin (NC) Scott A. Pietruszynski (IL) Louis Polillo (NJ) John P. Reed, III (NJ) Valentin Reyna, Jr. (AZ) Randy D. Rinnels (IA) William A. Robinson (IA) Thomas W. Scott, Jr. (PA) Gregory J. Skloda (NY) Charles L. Spencer (NY) Ricky L. Spencer (ME) Roy E. Stroud (IA) Kenneth W. Terhune, Jr. (DE) Robert B. Thomas (PA) Raymond L. Torrez (MI) Bore Trivuncic (FL) William M. Turner (NJ) Timothy C. Urrutia (ID) Eloy O. Valdez (CA) James H. Vogt (IL) Ronald L. Voigt (MN) Michael P. Volpe (MA) James R. Watkins (UT) Anthony G. Wick (MA) Michael C.J. Wilcox (NY) Donald L. Winslow (ME) [[Page 40745]] James J. Wolf, Jr. (PA) Kevin J. Yates (IL) 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: June 13, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016-14751 Filed 6-21-16; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Notices 40743
may be reviewed at this same location Following is a legal description of the New Jersey Avenue SE., Room W64–
or at the Metropolitan Airports subject airport property to be released at 113, Washington, DC 20590–0001.
Commission, 6040 28th Avenue South, the Minneapolis-St. Paul International Office hours are from 8:30 a.m. to 5 p.m.
Minneapolis, MN 55450–2799. Airport, Minneapolis, Minnesota: e.t., Monday through Friday, except
Written comments on the Sponsor’s The Southwest Quarter of Section 29, Federal holidays.
request must be delivered or mailed to: Township 26 North, Range 23 West, SUPPLEMENTARY INFORMATION:
Dakota-Minnesota Airports District Hennepin County, Minnesota.
Described as commencing at the I. Electronic Access
Office, 6020 28th Avenue South, Room
102, Minneapolis, MN 55450–2706. northwest corner of Section 30, You may see all the comments online
Township 28 North, Range 23 West, through the Federal Document
FOR FURTHER INFORMATION CONTACT:
Hennepin County, Minnesota; thence Management System (FDMS) at: http://
Simon Schmitz, Program Manager, 6020 South 00 degrees 25 minutes 00 seconds www.regulations.gov.
28th Avenue South, Room 102, West, assumed bearing, along the west Docket: For access to the docket to
Minneapolis, MN 55450–2706. line of the Northwest Quarter of said read background documents or
Telephone Number (612) 253–4640/ Section 30 a distance of 705.21 feet; comments, go to http://
FAX Number (612) 253–4611. thence South 58 degrees 46 minutes 43 www.regulations.gov and/or Room
SUPPLEMENTARY INFORMATION: In seconds East a distance of 7307.61 feet; W12–140 on the ground level of the
accordance with section 47107(h) of thence North 31 degrees 14 minutes 07 West Building, 1200 New Jersey Avenue
Title 49, United States Code, this notice seconds East a distance if 33.30 feet; SE., Washington, DC, between 9 a.m.
is required to be published in the thence South 58 degrees 45 minutes 53 and 5 p.m., Monday through Friday,
Federal Register 30 days before seconds East a distance of 45.62 feet to except Federal holidays.
modifying the land-use assurance that the point of beginning; thence North 31 Privacy Act: In accordance with 5
requires the property to be used for an degrees 15 minutes 57 seconds East a U.S.C. 553(c), DOT solicits comments
aeronautical purpose. distance of 726.77 feet; thence South 58 from the public to better inform its
The site was part of a 1955 land degrees 44 minutes 03 seconds East a rulemaking process. DOT posts these
conveyance from the Administrator of distance of 681.60 feet; thence South 74 comments, without edit, including any
Veterans’ Affairs to the Metropolitan degrees 25 minutes 44 seconds West a personal information the commenter
Airports Commission. The subject distance if 996.38 feet to the point of provides, to www.regulations.gov, as
property is located southeast of the beginning. Total Area: 5.69 acres described in the system of records
United States Post Office and south of (247.681 square feet). notice (DOT/ALL–14 FDMS), which can
the Terminal 1 inbound and outbound be reviewed at www.dot.gov/privacy.
Issued in Minneapolis, Minnesota, on June
roadways at Minneapolis-St. Paul 7, 2016. II. Background
International Airport, Minneapolis, Andy Peek, On March 1, 2016, FMCSA published
Minnesota. The subject property was Manager, Dakota-Minnesota Airports District a notice of receipt of Federal diabetes
previously leased by Northwest Airlines Office, FAA, Great Lakes Region. exemption applications from 91
as an office building with an attached [FR Doc. 2016–14803 Filed 6–21–16; 8:45 am] individuals and requested comments
hangar. The office building and hangar BILLING CODE 4910–13–P from the public (81 FR 10703). The
have since been demolished and the site
public comment period closed on March
does not currently have a designated
31, 2016, and 5 comments were
use. The proposed non-aeronautical use DEPARTMENT OF TRANSPORTATION received.
of the property is a ground lease for the FMCSA has evaluated the eligibility
development of a hotel which will Federal Motor Carrier Safety of the 91 applicants and determined that
generate additional revenue for the Administration granting the exemptions to these
airport. The Metropolitan Airports individuals would achieve a level of
[FMCSA Docket No. FMCSA–[2015–0342]
Commission intends to enter into a 75- safety equivalent to or greater than the
year fair market value lease with a hotel Qualification of Drivers; Exemption level that would be achieved by
developer. The proposed ground lease Applications; Diabetes Mellitus complying with the current regulation
will provide for reappraisal of the fair 49 CFR 391.41(b)(3).
market ground rent as frequently as AGENCY: Federal Motor Carrier Safety
every five (5) years. The disposition of Administration (FMCSA), DOT. Diabetes Mellitus and Driving
proceeds from the lease of the airport ACTION: Notice of final disposition. Experience of the Applicants
property will be in accordance with The Agency established the current
FAA’s Policy and Procedures SUMMARY: FMCSA confirms its decision
requirement for diabetes in 1970
Concerning the Use of Airport Revenue, to exempt 91 individuals from its rule
because several risk studies indicated
published in the Federal Register on prohibiting persons with insulin-treated
that drivers with diabetes had a higher
February 16, 1999 (64 FR 7696). diabetes mellitus (ITDM) from operating
rate of crash involvement than the
This notice announces that the FAA commercial motor vehicles (CMVs) in
general population. The diabetes rule
is considering the release of the subject interstate commerce. The exemptions
provides that ‘‘A person is physically
airport property at the Minneapolis-St. enable these individuals to operate
qualified to drive a commercial motor
Paul International Airport, Minneapolis, CMVs in interstate commerce.
vehicle if that person has no established
Minnesota, from its obligations to be DATES: The exemptions were effective medical history or clinical diagnosis of
mstockstill on DSK3G9T082PROD with NOTICES
maintained for aeronautical purposes. on April 1, 2016. The exemptions expire diabetes mellitus currently requiring
Approval does not constitute a on April 1, 2018. insulin for control’’ (49 CFR
commitment by the FAA to financially FOR FURTHER INFORMATION CONTACT: 391.41(b)(3)).
assist in the change in use of the subject Christine A. Hydock, Chief, Medical FMCSA established its diabetes
airport property nor a determination of Programs Division, (202) 366–4001, exemption program, based on the
eligibility for grant-in-aid funding from fmcsamedical@dot.gov, FMCSA, Agency’s July 2000 study entitled ‘‘A
the FAA. Department of Transportation, 1200 Report to Congress on the Feasibility of
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![Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Notices 40745
James J. Wolf, Jr. (PA) Background Rachelle M. Seaver
Kevin J. Yates (IL) Under 49 U.S.C. 31136(e) and 31315, Robert Taylor
In accordance with 49 U.S.C. 31136(e) FMCSA may grant an exemption from Robert Webb
and 31315 each exemption is valid for the Federal diabetes standard for a The following 3 applicants had renal
two years unless revoked earlier by renewable 2-year period if it finds ‘‘such insufficiency:
FMCSA. The exemption will be revoked an exemption would likely achieve a Harold J. Bowen, Jr.
if the following occurs: (1) The person level of safety that is equivalent to, or Robert A. Rye
fails to comply with the terms and greater than, the level that would be John J. Steele
conditions of the exemption; (2) the achieved absent such an exemption.’’ The following 7 applicants had more
exemption has resulted in a lower level The procedures for requesting an than one hypoglycemic episode
of safety than was maintained before it exemption are set forth in 49 CFR part requiring hospitalization or the
was granted; or (3) continuation of the 381. assistance of others, or had one such
exemption would not be consistent with Accordingly, FMCSA evaluated 78 episode but not had one year of stability
the goals and objectives of 49 U.S.C. individual exemption requests on their following the episode:
31136(e) and 31315. If the exemption is merits and made a determination that Timothy W. Adams
still effective at the end of the 2-year these applicants do not satisfy the Robert A. Beaty
period, the person may apply to FMCSA criteria eligibility or meet the terms and Andrew S. Crawford
for a renewal under procedures in effect conditions of the Federal exemption Jesse J.D. Graber
at that time. program. Each applicant has, prior to Ryan B. Silva
Issued on: June 13, 2016. this notice, received a letter of final Jimmy R. Toton
Larry W. Minor, disposition on the exemption request. Deborah C. Williams
Associate Administrator for Policy. Those decision letters fully outlined the The following 9 applicants had other
basis for the denial and constitute final medical conditions making the
[FR Doc. 2016–14751 Filed 6–21–16; 8:45 am]
Agency action. The list published in applicant otherwise unqualified under
BILLING CODE 4910–EX–P
this notice summarizes the Agency’s the Federal Motor Carrier Safety
recent denials as required under 49 Regulations:
DEPARTMENT OF TRANSPORTATION U.S.C. 31315(b)(4) by periodically
Nader M. Abdelrahman
publishing names and reasons for
Richard G. Baker
Federal Motor Carrier Safety denial.
Patrick L. Beasley
Administration The following applicant, Robert A.
John T. Brecken
Pettella, withdrew his application from
Robert E. Davis
[Docket No. FMCSA–2016–0038] the application process.
Marlin L. Gabbard
The following 12 applicants met the
Marvin D. Mitchell
Qualification of Drivers; Exemption diabetes requirements of 49 CFR
David W. Presby
Applications; Diabetes 391.41(b)(3) and do not need an Darrel J. Shafer
exemption:
AGENCY: Federal Motor Carrier Safety The following applicant, Tina M.M.
Administration (FMCSA), DOT. Reuben T. Askew
Kent, was unable to have an
Steven E. Eastburn
ACTION: Notice of denials. endocrinologist state the applicant is
Quinzell Faison
able to operate a CMV from a diabetes
SUMMARY: FMCSA announces its denial James Griffin
Bayram A. Kabakci standpoint.
of 78 applications from individuals who The following applicant, Henry G.E.
John C. Lasbury
requested an exemption from the Martinez, currently resides in Puerto
James M. Moore
Federal diabetes standard applicable to Rico. He is not eligible because a
Saul N. Morales
interstate truck and bus drivers and the Jaime S. Ortiz Federal exemption is for drivers
reasons for the denials. FMCSA has Curtis W. Stanley operating only in the United States.
statutory authority to exempt Eric A. Williams The following 3 applicants did not
individuals from the diabetes Allen T. Wooten meet the minimum age criteria outlined
requirement if the exemptions granted in 49 CFR 391.41(b)(1) which states that
will not compromise safety. The Agency The following 21 applicants were not
an individual must be at least 21 years
has concluded that granting these operating CMVs in interstate commerce:
old to operate a CMV in interstate
exemptions does not provide a level of Felipe H. Abrego commerce:
safety that will be equivalent to, or Michael D. Adamson
Ervin L. Fulton, Jr.
greater than, the level of safety Daniel J. Arena, Jr.
Henry G. McGinnis
maintained without the exemptions for David R. Brooks, Jr.
Samuel J. Opatz
these commercial motor vehicle (CMV) Roger L. Harper
Gary T. Hedrick The following 19 applicants were
drivers. excepted from the diabetes standard
Raymond Honaker
FOR FURTHER INFORMATION CONTACT: based on 49 CFR390.3(f):
Shaun F. Hutchinson
Christine A. Hydock, Chief, Medical Sondra R. Jones Brian K. Aldrich
Programs Division, (202) 366–4001, Kevin M. Kurpiewski Christopher A. Ball
fmcsamedical@dot.gov, FMCSA,
mstockstill on DSK3G9T082PROD with NOTICES
Randy Lamb John A. Bowman
Department of Transportation, 1200 James P. Moran Wilbert A. Cummings, Jr.
New Jersey Avenue SE., Room W64– Jesse L. Mumford Larry W. Davlin
113, Washington, DC 20590–0001. Jason M. Palermo Theodore J. Hargraves
Office hours are 8:30 a.m. to 5 p.m., e.t., John J. Raley II Erick B. Hobson
Monday through Friday, except Federal Leonard F. Robinson Stanley Holiday, Jr.
holidays. Donald G. Ross, Jr. Mark J. Huselstein
SUPPLEMENTARY INFORMATION: Tracy A. Rowland Wesley T. Johnson
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Document Created: 2016-06-22 01:05:28
Document Modified: 2016-06-22 01:05:28
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of final disposition. | |
| Dates | The exemptions were effective on April 1, 2016. The exemptions expire on April 1, 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 40743 |
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