81 FR 6326 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 81, Issue 24 (February 5, 2016)
Federal Motor Carrier Safety Administration
Federal Register Volume 81, Issue 24 (February 5, 2016)
| Page Range | 6326-6328 | |
| FR Document | 2016-02299 |
[Federal Register Volume 81, Number 24 (Friday, February 5, 2016)] [Notices] [Pages 6326-6328] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-02299] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA-2015-0336] 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 54 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 December 15, 2015. The exemptions expire on December 15, 2017. [[Page 6327]] 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 November 12, 2015, FMCSA published a notice of receipt of Federal diabetes exemption applications from 54 individuals and requested comments from the public (80 FR 70067). The public comment period closed on December 14, 2015, and one comment was received. FMCSA has evaluated the eligibility of the 54 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 54 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 November 12, 2015, Federal Register notice and they will not be repeated in this notice. III. Discussion of Comments FMCSA received one comment in this proceeding. Latu Anitoni stated that, in her opinion, drivers using insulin are safer due to the monitoring the condition requires, and believes the exemptions should be granted. 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 54 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)): Ramon Becerra (IN) Harry L. Blakely (MN) Steven J. Bloemker (OH) Billy J. Bookout (OK) David M. Brady (NE) William G. Bush (IL) Gene D. Carey, Jr. (PA) James C. Decker (CA) Richard D. Doherty (MA) Richard N. Dunn (KS) Thomas C. Eklund (OR) Rodney L. Forrister, Jr. (MI) Ronald J. Gasper (SD) Jeremy J. Giesbrecht (IN) [[Page 6328]] David F. Goehring (WI) Robert J. Golding (ME) Ethan T. Heideman (MN) Benjamin R. Hickerson (CA) Timothy J. Hrinak (PA) Kevin M. Hunt (MI) David T. Issler (NY) Todd D. Jacquin (NC) Bruce E. Kerr (KY) Mark C. Kucharski (CO) Philip M. LaPierre (ME) Mary J. Martin (PA) Peter J. Meier (WA) Terry J. Miller (WI) Michael E. Morel (NH) Marvin K. Mosley (SC) Eric Nieves, Jr. (NY) Jerry D. Pearce (NM) George W. Pottle, IV (ME) Kenneth A. Prine (WA) Charles R. Ratcliff, Jr. (VA) Joseph B. Ribitzki (AR) Roger D. Richey (IN) Michael G. Sanchez (CA) Guido J. Scarafoni (MA) Jeffrey M. Schleisman (IA) Scott J. Schmidt (NE) Lori A. Shaffnit (IA) Sanampreet Singh (CA) Joshua A. Snyder (WV) Christophe M. Stephens (TN) Michael A. Stille (GA) Leonard Tawahongva (AZ) Edward M. Taylor (NE) Donald L. Trogdon (ID) Gregory S. Van Hal (MN) Lazario R. Watkins (NC) Eric J. Watson (NY) William T. White (WA) J. Ryan Wolf (IN) 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: January 19, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016-02299 Filed 2-4-16; 8:45 am] BILLING CODE 4910-EX-P
![6326 Federal Register / Vol. 81, No. 24 / Friday, February 5, 2016 / Notices
transaction will not result in LAS’ DEPARTMENT OF TRANSPORTATION Metrics Project and Timing and
becoming a Class II or Class I rail expectations on analysis
carrier, but that its projected annual Federal Aviation Administration 11. PBN Blueprint Community Outreach
revenues would exceed $5 million. Task Group—Jim Crites/Brian
Accordingly, LAS is required, at least 60 Seventeenth Meeting: RTCA NextGen Townsend
days before this exemption is to become Advisory Committee (NAC) 12. ADS–B: Equip 2020, Status of
effective, to send notice of the AGENCY: Federal Aviation implementation, Air Carrier Fleet
transaction to the national offices of the Administration (FAA), U.S. Department Equipage
labor unions with employees on the 13. NextGen Vision—Michelle Merkle/
of Transportation (DOT).
affected lines, post a copy of the notice Bruce DeCleene
ACTION: Notice of Seventeenth RTCA 14. Summary of meeting and next steps;
at the workplace of the employees on NextGen Advisory Committee (NAC)
the affected lines, and certify to the DFO and NAC Chairman Closing
Meeting. Comments
Board that it has done so. 49 CFR
1150.42(e). 15. Other business
SUMMARY: The FAA is issuing this notice 16. Adjourn
LAS has also filed a petition for to advise the public of the Seventeenth
RTCA NextGen Advisory Committee Attendance is open to the interested
waiver of the 60-day advance labor
(NAC) meeting. public but limited to space availability
notice requirement under 1150.42(e),
and registration is required. Please
asserting that: (1) No KCS employees DATES: The meeting will be held
email bteel@rtca.org with name and
will be affected because no KCS February 25, 2016 from 9:00 a.m.–3:00 company to pre-register. For those
employees have performed operations p.m. driving to Delta facilities, please email
or maintenance on the lines since 2005; ADDRESSES: The meeting will be held at bteel@rtca.org no later than Friday,
and (2) no LAS employees will be Delta Air Lines, Inc., New York City February 19, 2016. Upon arrival to the
affected because LAS will continue to Room, 1010 Delta Blvd., Atlanta, GA NAC meeting, please be prepared to
provide the same service and perform 30354, Tel: (202) 330–0652. show photo id. With the approval of the
the same maintenance as it has since
FOR FURTHER INFORMATION CONTACT: The chairman, members of the public may
2005. LAS’ waiver request will be
RTCA Secretariat, 1150 18th Street NW., present oral statements at the meeting.
addressed in a separate decision.
Suite 910, Washington, DC 20036, or by Plenary information will be provided
LAS states that the transaction is telephone at (202) 833–9339, fax at (202) upon request. Persons who wish to
expected to be consummated on or 833–9434, or Web site at http:// present statements or obtain information
shortly after the effective date of this www.rtca.org or Andy Cebula, NAC should contact the person listed in the
notice. The Board will establish in the Secretary, RTCA, Inc., acebula@rtca.org, FOR FURTHER INFORMATION CONTACT
decision on the waiver request the (202) 330–0652. section. Members of the public may
earliest date this transaction may be
SUPPLEMENTARY INFORMATION: Pursuant present a written statement to the
consummated.
to section 10(a)(2) of the Federal committee at any time.
If the notice contains false or Advisory Committee Act (Pub. L. 92–
misleading information, the exemption Issued in Washington, DC, on February 1,
463, 5 U.S.C., App.), notice is hereby 2016.
is void ab initio. Petitions to revoke the given for a meeting of RTCA NextGen
exemption under 49 U.S.C. 10502(d) Latasha Robinson,
Advisory Committee (NAC). The agenda Management & Program Analyst, NextGen,
may be filed at any time. The filing of will include the following:
a petition to revoke will not Enterprise Support Services Division, Federal
Aviation Administration.
automatically stay the effectiveness of Thursday, February 25, 2016
[FR Doc. 2016–02171 Filed 2–4–16; 8:45 am]
the exemption. Petitions for stay must 1. Opening of Meeting/Introduction of
be filed no later than February 12, 2016. BILLING CODE 4910–13–P
NAC Members—Chairman Richard
An original and ten copies of all Anderson, Chief Executive Officer,
pleadings, referring to Docket No. FD Delta Air Lines, Inc. DEPARTMENT OF TRANSPORTATION
35983, must be filed with the Surface 2. Official Statement of Designated
Transportation Board, 395 E Street SW., Federal Official—The Honorable Federal Motor Carrier Safety
Washington, DC 20423–0001. In Mike Whitaker, FAA Deputy Administration
addition, a copy of each pleading must Administrator
be served on applicant’s representative, [FMCSA Docket No. FMCSA–2015–0336]
3. Review and Approval of October 8,
Karl Morell, Karl Morell & Associates, 2015 Meeting Summary Qualification of Drivers; Exemption
655 Fifteenth Street, Suite 225, NW., 4. Chairman’s Report—Chairman Applications; Diabetes Mellitus
Washington, DC 20005. Anderson
According to LAS, this action is 5. FAA Report—Mr. Whitaker AGENCY: Federal Motor Carrier Safety
categorically excluded from 6. PBN Strategy Task Group—Dan Administration (FMCSA), DOT.
environmental review under 49 CFR Allen/Steve Fulton ACTION: Notice of final disposition.
1105.6(c). 7. NextGen Integration Working Group
Board decisions and notices are (NIWG): Exec Team Update and SUMMARY: FMCSA confirms its decision
available on our Web site at NextGen Priorities Beyond the Four to exempt 54 individuals from its rule
www.stb.dot.gov. 8. Reports & Discussion (Approval of prohibiting persons with insulin-treated
diabetes mellitus (ITDM) from operating
mstockstill on DSK4VPTVN1PROD with NOTICES
Interim Recommendations):
Decided: February 2, 2016. commercial motor vehicles (CMVs) in
DataComm, Multiple Runway
By the Board, Rachel D. Campbell, Operations, Performance Based interstate commerce. The exemptions
Director, Office of Proceedings. enable these individuals to operate
Navigation (PBN), Surface & Data
Kenyatta Clay, Sharing CMVs in interstate commerce.
Clearance Clerk. 9. PBN JFK Implementation DATES: The exemptions were effective
[FR Doc. 2016–02263 Filed 2–4–16; 8:45 am] 10. Joint Analysis Team—Dave Knorr/ on December 15, 2015. The exemptions
BILLING CODE 4915–01–P Ilhan Ince: Update on FAA-Industry expire on December 15, 2017.
VerDate Sep<11>2014 18:22 Feb 04, 2016 Jkt 238001 PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 E:\FR\FM\05FEN1.SGM 05FEN1](https://thefederalregister.org/doc/81_FR_6350/page/1.svg)
![6328 Federal Register / Vol. 81, No. 24 / Friday, February 5, 2016 / Notices
David F. Goehring (WI) DEPARTMENT OF TRANSPORTATION comment. Please see the Privacy Act
Robert J. Golding (ME) heading below.
Ethan T. Heideman (MN) Federal Motor Carrier Safety Docket: For access to the docket to
Administration read background documents or
Benjamin R. Hickerson (CA)
[Docket No. FMCSA–2015–0488] comments, go to www.regulations.gov,
Timothy J. Hrinak (PA) at any time or Room W12–140 on the
Kevin M. Hunt (MI) Qualification of Drivers; Exemption ground level of the West Building, 1200
David T. Issler (NY) Applications; Narcolepsy New Jersey Avenue SE, Washington,
Todd D. Jacquin (NC) DC, between 9 a.m. and 5 p.m., Monday
Bruce E. Kerr (KY) AGENCY: Federal Motor Carrier Safety through Friday, except Federal holidays.
Administration (FMCSA), DOT. The FDMS is available 24 hours each
Mark C. Kucharski (CO)
ACTION: Notice of applications for day, 365 days each year. If you want
Philip M. LaPierre (ME)
exemption; request for comments. acknowledgment that we received your
Mary J. Martin (PA) comments, please include a self-
Peter J. Meier (WA) SUMMARY: FMCSA announces receipt of addressed, stamped envelope or
Terry J. Miller (WI) applications from two individuals for postcard or print the acknowledgement
Michael E. Morel (NH) exemptions from the following two page that appears after submitting
Marvin K. Mosley (SC) Federal Motor Carrier Safety comments on-line.
Regulations (FMCSRs) which prohibit Privacy Act: In accordance with 5
Eric Nieves, Jr. (NY)
operating a commercial motor vehicle U.S.C. 553(c), DOT solicits comments
Jerry D. Pearce (NM) (CMV) in interstate commerce. Section from the public to better inform its
George W. Pottle, IV (ME) 391.41(b)(8) of the FMCSRs prohibit rulemaking process. DOT posts these
Kenneth A. Prine (WA) operation of a commercial motor vehicle comments, without edit, including any
Charles R. Ratcliff, Jr. (VA) by persons with either a clinical personal information the commenter
Joseph B. Ribitzki (AR) diagnosis of a condition that is likely to provides, to www.regulations.gov, as
Roger D. Richey (IN) cause a loss of consciousness or any loss described in the system records notice
of ability to operate a CMV safely. (DOT/ALL–14 FDMS), which can be
Michael G. Sanchez (CA)
Section 391.41(b)(9) of the FMCSRs reviewed at www.dot.gov/privacy.
Guido J. Scarafoni (MA) prohibit operation of a commercial
Jeffrey M. Schleisman (IA) FOR FURTHER INFORMATION CONTACT:
motor vehicle by persons with a mental,
Scott J. Schmidt (NE) Christine Hydock, Chief, Medical
nervous, organic, functional disease, or
Programs Division, (202) 366–4001, or
Lori A. Shaffnit (IA) psychiatric disorder likely to interfere
via email at fmcsamedical@dot.gov, or
Sanampreet Singh (CA) with his/her ability to drive a
by letter to FMCSA, Room W64–113,
Joshua A. Snyder (WV) commercial motor vehicle safely. If
Department of Transportation, 1200
Christophe M. Stephens (TN) granted, the exemption would enable
New Jersey Avenue SE, Washington, DC
these individuals who have been
Michael A. Stille (GA) 20590–0001. Office hours are from 8:30
diagnosed with narcolepsy and are
Leonard Tawahongva (AZ) a.m. to 5 p.m., Monday through Friday,
receiving medical treatment to operate
Edward M. Taylor (NE) except Federal holidays.
CMVs for 2 years in interstate
Donald L. Trogdon (ID) commerce. SUPPLEMENTARY INFORMATION:
Gregory S. Van Hal (MN) DATES: Comments must be received on Background
Lazario R. Watkins (NC) or before March 7, 2016. FMCSA has authority under 49 U.S.C.
Eric J. Watson (NY) ADDRESSES: You may submit comments 31136(e) and 31315 to grant exemptions
William T. White (WA) bearing the Federal Docket Management from certain parts of the Federal Motor
J. Ryan Wolf (IN) System (FDMS) Docket ID FMCSA– Carrier Safety Regulations. FMCSA must
In accordance with 49 U.S.C. 31136(e) 2012–0081 using any of the following publish a notice of each exemption
and 31315 each exemption is valid for methods: request in the Federal Register [49 CFR
two years unless revoked earlier by • Federal eRulemaking Portal: Go to 381.315(a)]. The Agency must provide
FMCSA. The exemption will be revoked www.regulations.gov. Follow the on-line the public an opportunity to inspect the
if the following occurs: (1) The person instructions for submitting comments. information relevant to the application,
fails to comply with the terms and • Mail: Docket Management Facility; including any safety analyses that have
conditions of the exemption; (2) the U.S. Department of Transportation, 1200 been conducted. The Agency must also
exemption has resulted in a lower level New Jersey Avenue SE., West Building provide an opportunity for public
of safety than was maintained before it Ground Floor, Room W12–140, comment on the request.
was granted; or (3) continuation of the Washington, DC 20590–0001. The Agency reviews safety analyses
exemption would not be consistent with • Hand Delivery or Courier: West and public comments submitted, and
the goals and objectives of 49 U.S.C. Building Ground Floor, Room W12–140, determines whether granting the
31136(e) and 31315. If the exemption is 1200 New Jersey Avenue SE., exemption would likely achieve a level
still effective at the end of the 2-year Washington, DC, between 9 a.m. and 5 of safety equivalent to, or greater than,
period, the person may apply to FMCSA p.m., Monday through Friday, except the level that would be achieved by the
mstockstill on DSK4VPTVN1PROD with NOTICES
for a renewal under procedures in effect Federal Holidays. current regulation (49 CFR 381.305).
at that time. • Fax: 1–202–493–2251. The Agency may grant an exemption
Each submission must include the subject to specified terms and
Issued on: January 19, 2016. Agency name and the docket ID for this conditions. The decision of the Agency
Larry W. Minor, Notice. Note that DOT posts all must be published in the Federal
Associate Administrator for Policy. comments received without change to Register (49 CFR 381.315(b)) with the
[FR Doc. 2016–02299 Filed 2–4–16; 8:45 am] www.regulations.gov, including any reasons for denying or granting the
BILLING CODE 4910–EX–P personal information included in a application and, if granted, the name of
VerDate Sep<11>2014 18:22 Feb 04, 2016 Jkt 238001 PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 E:\FR\FM\05FEN1.SGM 05FEN1](https://thefederalregister.org/doc/81_FR_6350/page/3.svg)
Document Created: 2016-02-05 00:17:52
Document Modified: 2016-02-05 00:17:52
| 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 December 15, 2015. The exemptions expire on December 15, 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 | 81 FR 6326 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR