82 FR 12902 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 82, Issue 43 (March 7, 2017)
Federal Motor Carrier Safety Administration
Federal Register Volume 82, Issue 43 (March 7, 2017)
| Page Range | 12902-12904 | |
| FR Document | 2017-04389 |
[Federal Register Volume 82, Number 43 (Tuesday, March 7, 2017)] [Notices] [Pages 12902-12904] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-04389] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA-[2016-0380] 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 43 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 January 13, 2017. The exemptions expire on January 13, 2019. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], FMCSA, [[Page 12903]] 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., e.t., 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 December 13, 2016, FMCSA published a notice of receipt of Federal diabetes exemption applications from 43 individuals and requested comments from the public (81 FR 90054.) The public comment period closed on January 12, 2017, and two comments were received. FMCSA has evaluated the eligibility of the 43 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 43 applicants have had ITDM over a range of 1 to 31 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 December 13, 2016, Federal Register notice and they will not be repeated in this notice. III. Discussion of Comments FMCSA received two comments in this proceeding. Alexandra Warburton stated that she believes all the drivers in this notice should receive the exemptions. John Jackson stated that he does not believe Marcus D. Wade should be given an exemption due to issues related to diabetes. FMCSA has reviewed Mr. Wade's application and determined that granting him an exemption would achieve an equivalent or greater level of safety than would be achieved without the exemption. The Agency encourages Mr. Jackson, or any other party, to submit any additional information to FMCSA regarding Mr. Wade's condition that would substantiate the claims in the aforementioned comment. 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 43 exemption applications, FMCSA exempts the following drivers from the diabetes requirement in 49 CFR 391.41(b)(3), subject to the requirements cited above 49 CFR 391.64(b): Tony E. Allen (NY) Habib Awol (MD) Michael J. Beatty (PA) Troy J. Bolduc (NH) James W. Britt (NC) Gilberto A. Cortez (NC) Lawrence Davidson (NM) [[Page 12904]] Julio Duval-Medina (NJ) Darlene R. Errichetto (MA) Michael D. Ezell (GA) Thomas E. Fey (NY) Arthur Freeman, Jr. (FL) Gregory L. Grieves (OH) Gregory S. Gustafson (TN) Becky S. Hanley (NE) Frederick M. Harris (CA) Brian W. Hinzman (SD) Emory S. Hudson, Jr. (GA) Paul E. Iacobacci (MA) David A. Kutcher (OH) Tony M. Lawrence (NY) Ronald E. Lockridge (IN) Eileen E. Manning (WI) Warren G. Marlow, Jr. (IN) Edward S. Marshall (ME) Arthur D. McFadden, Sr. (IA) Jeffrey S. Moyer (WA) Joseph M. Mraw (NJ) Richard K. E. Nelson (VA) Charles W. Norris (MA) Kevin W. Pochopin (NY) Antonio S. Romao (MA) Paul Ross, Jr. (GA) Matthew G. Russo, Jr (NJ) Cole J. Schoenneman (CA) Charles W. Scott, Jr. (MD) Mickey J. Self (GA) Jeffrey E. Sobczak (WI) Michael D. Strickland (IL) Vince D. Venezia (PA) Jared M. Wabeke (MI) Marcus D. Wade (IL) Tanner R. Walsh (MN) 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: February 27, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017-04389 Filed 3-6-17; 8:45 am] BILLING CODE 4910-EX-P
![12902 Federal Register / Vol. 82, No. 43 / Tuesday, March 7, 2017 / Notices
exemption from the rule prohibiting have satisfied the renewal conditions for 31315, the following 9 individuals have
drivers with ITDM from driving CMVs obtaining an exemption from the rule satisfied the renewal conditions for
in interstate commerce (73 FR 16946; 73 prohibiting drivers with ITDM from obtaining an exemption from the rule
FR 31734): driving CMVs in interstate commerce prohibiting drivers with ITDM from
Edward F. Connole (MA) (79 FR 22573; 79 FR 35855): driving CMVs in interstate commerce
Gary D. Coonfield (MO) Joshua T. Adams (OH) (77 FR 27842; 77 FR 38383):
Francis W. Devine (NJ) Dennis W. Athey II (KS) Matthew R. Bagwell (NY)
Shannon D. Hanson (SD) John M. Behan, Jr. (MD) Eric J. Bright (IL)
Aundra Menefield (MS) Peterson Benally (NM) Kyle D. Dale (MO)
James T. Rothwell (TN) Kirk B. Berridge (KS) Frank E. Glenn (IL)
Randy A. Shannon (MT) Francis P. Bourgeois (LA) Kevin N. Mitchell (GA)
Dalton T. Smith, Jr. (IL) Randall T. Buffkin (NC) Gerald Perkins (CA)
Marvin D. Webster (KY) Terry S. Bunge (WI) Donald L. Philpott (WA)
Travis S. Wolfe (WV) Heladio Castillo (WA) John Randolph (OK)
The drivers were included in docket Purvis J. Chesson (VA) Courtney R. Schiebout (IA)
No. FMCSA–2008–0071. Their Bonnie F. Craig (OR) The drivers were included in docket
exemptions are effective as of June 3, Jeff T. Enbody (WA) No. FMCSA–2012–0107. Their
2016, and will expire on June 3, 2018. Larry S. Gibson, II (NC) exemptions are effective as of June 27,
As of June 5, 2016, and in accordance James M. Halapchuk (PA) 2016, and will expire on June 27, 2018.
with 49 U.S.C. 31136(e) and 31315, the Jeffery A. Hall (ME) In accordance with 49 U.S.C. 31315,
following 10 individuals have satisfied Henry W. Hartman (NY) each exemption will be valid for two
the renewal conditions for obtaining an Marlin R. Hein (IA) years from the effective date unless
Clifford E. Hill (WA) revoked earlier by FMCSA. The
exemption from the rule prohibiting
Robert E. Hunt (MT) exemption will be revoked if the
drivers with ITDM from driving CMVs
Vincenzo Ingrassellino (NY) following occurs: (1) The person fails to
in interstate commerce (77 FR 20876; 77 Davis Jansen van Beek (MT)
FR 33264): comply with the terms and conditions
Baek J. Kim (MD) of the exemption; (2) the exemption has
Steven W. Beaty (SD) Shawn N. Kimble (PA)
David D. Brown (MI) resulted in a lower level of safety than
Darrel G. Klauer (WI) was maintained prior to being granted;
Evan P. Hansen (WI) Stephen D. Lewis (NY)
Todd A. Heitschmidt (WA) or (3) continuation of the exemption
Kerry W. McCarthy (IN) would not be consistent with the goals
John M. Kennedy, Jr. (NC) Alvin McClain (OR)
Jeremy A. Ludolph (KS) and objectives of 49 U.S.C. 31136 and
Kenneth D. Mehmen (IA)
Gerald N. Martinson (ND) 31315.
Kyle B. Mitchell (CA)
Glenn D. Taylor (NY) Thomas R. Moore, Jr. (AZ) Issued on: February 27, 2017.
Thomas R. Toews (OR) Michael A. Murrell (KY) Larry W. Minor,
James E. Waller, III (GA) Ryan R. Ong (CA) Associate Administrator for Policy.
The drivers were included in docket Gregory Paradiso (OH) [FR Doc. 2017–04386 Filed 3–6–17; 8:45 am]
No. FMCSA–2012–0044. Their Brian K. Patenaude (MA) BILLING CODE 4910–EX–P
exemptions are effective as of June 5, Traci L. Patterson (CA)
2016, and will expire on June 5, 2018. Chad A. Powell (MO)
As of June 12, 2016, and in Richard C. Schendel (MN) DEPARTMENT OF TRANSPORTATION
accordance with 49 U.S.C. 31136(e) and William A. Schimpf (CA)
31315, John C. Fisher, Jr. (PA) has Frank J. Sciulli (PA) Federal Motor Carrier Safety
satisfied the renewal conditions for Bryan J. Smith (ND) Administration
obtaining an exemption from the rule Edward L. Stauffer (PA)
[FMCSA Docket No. FMCSA–[2016–0380]
prohibiting drivers with ITDM from William H. Stone, Sr. (FL)
driving CMVs in interstate commerce Kyle G. Streit (TX) Qualification of Drivers; Exemption
(79 FR 22573; 79 FR 35855). Joseph D. Stutzman (PA) Applications; Diabetes Mellitus
This driver was included in docket Raymond J. Vaillancourt (OH)
No. FMCSA–2014–0015. His exemption Robert L. Weiland (PA) AGENCY: Federal Motor Carrier Safety
was effective as of June 12, 2016, and The drivers were included in docket Administration (FMCSA), DOT.
will expire on June 12, 2018. No. FMCSA–2014–0015. Their ACTION: Notice of final disposition.
As of June 20, 2016, and in exemptions are effective as of June 24,
accordance with 49 U.S.C. 31136(e) and 2016, and will expire on June 24, 2018. SUMMARY: FMCSA confirms its decision
31315, As of June 26, 2016, and in to exempt 43 individuals from its rule
Gary R. Harper (IN) has satisfied the accordance with 49 U.S.C. 31136(e) and prohibiting persons with insulin-treated
renewal conditions for obtaining an 31315, Thomas R. Riley (IL) has diabetes mellitus (ITDM) from operating
exemption from the rule prohibiting satisfied the renewal conditions for commercial motor vehicles (CMVs) in
drivers with ITDM from driving CMVs obtaining an exemption from the rule interstate commerce. The exemptions
in interstate commerce (79 FR 29484; 79 prohibiting drivers with ITDM from enable these individuals to operate
CMVs in interstate commerce.
sradovich on DSK3GMQ082PROD with NOTICES
FR 42628). driving CMVs in interstate commerce
This driver was included in docket (79 FR 29484; 79 FR 42628). DATES: The exemptions were effective
No. FMCSA–2014–0016. His exemption This driver was included in docket on January 13, 2017. The exemptions
was effective as of June 20, 2016, and No. FMCSA–2014–0016. His exemption expire on January 13, 2019.
will expire on June 20, 2018. was effective as of June 26, 2016, and FOR FURTHER INFORMATION CONTACT: Ms.
As of June 24, 2016, and in will expire on June 26, 2018. Christine A. Hydock, Chief, Medical
accordance with 49 U.S.C. 31136(e) and As of June 27, 2016, and in Programs Division, (202) 366–4001,
31315, the following 46 individuals accordance with 49 U.S.C. 31136(e) and fmcsamedical@dot.gov, FMCSA,
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![12904 Federal Register / Vol. 82, No. 43 / Tuesday, March 7, 2017 / Notices
Julio Duval-Medina (NJ) DEPARTMENT OF THE TREASURY All comments received, including
Darlene R. Errichetto (MA) attachments and other supporting
Office of the Comptroller of the materials, are part of the public record
Michael D. Ezell (GA) Currency and subject to public disclosure. Do not
Thomas E. Fey (NY) include any information in your
Arthur Freeman, Jr. (FL) Agency Information Collection comment or supporting materials that
Activities: Information Collection you consider confidential or
Gregory L. Grieves (OH) Renewal; Submission for OMB Review; inappropriate for public disclosure.
Gregory S. Gustafson (TN) Generic Clearance for the Collection of Additionally, please send a copy of
Becky S. Hanley (NE) Qualitative Feedback on Agency your comments by mail to: OCC Desk
Frederick M. Harris (CA) Service Delivery Officer, 1557–0248, U.S. Office of
Brian W. Hinzman (SD) AGENCY: Office of the Comptroller of the Management and Budget, 725 17th
Currency (OCC), Treasury. Street NW., #10235, Washington, DC
Emory S. Hudson, Jr. (GA) 20503 or by email to oira_submission@
ACTION: Notice and request for
Paul E. Iacobacci (MA) omb.eop.gov.
comments.
David A. Kutcher (OH) FOR FURTHER INFORMATION CONTACT:
Tony M. Lawrence (NY) SUMMARY: The OCC, as part of its Shaquita Merritt, OCC Clearance
continuing effort to reduce paperwork Officer, (202) 649–5490 or, for persons
Ronald E. Lockridge (IN) and respondent burden, invites the who are deaf or hard of hearing, TTY,
Eileen E. Manning (WI) general public and other Federal (202) 649–5597, Legislative and
Warren G. Marlow, Jr. (IN) agencies to take this opportunity to Regulatory Activities Division, Office of
Edward S. Marshall (ME) comment on a continuing information the Comptroller of the Currency, 400 7th
collection as required by the Paperwork Street SW., Washington, DC 20219.
Arthur D. McFadden, Sr. (IA) Reduction Act of 1995 (PRA). SUPPLEMENTARY INFORMATION: Under the
Jeffrey S. Moyer (WA) In accordance with the requirements PRA (44 U.S.C. 3501–3520), Federal
Joseph M. Mraw (NJ) of the PRA, the OCC may not conduct agencies must obtain approval from
or sponsor, and the respondent is not OMB for each collection of information
Richard K. E. Nelson (VA)
required to respond to, an information that they conduct or sponsor. The term
Charles W. Norris (MA) collection unless it displays a currently ‘‘collection of information’’ is defined in
Kevin W. Pochopin (NY) valid Office of Management and Budget 44 U.S.C. 3502(3) and 5 CFR 1320.3(c)
Antonio S. Romao (MA) (OMB) control number. and includes agency requests or
The OCC is soliciting comment requirements that members of the public
Paul Ross, Jr. (GA) concerning the renewal of its
Matthew G. Russo, Jr (NJ) submit reports, keep records, or provide
information collection titled, ‘‘Generic information to a third party. The OCC
Cole J. Schoenneman (CA) Clearance for the Collection of requests that OMB extend approval of
Charles W. Scott, Jr. (MD) Qualitative Feedback on Agency Service the following information collection.
Delivery.’’ The OCC also is giving notice Title: Generic Clearance for the
Mickey J. Self (GA) that it has sent the collection to OMB for Collection of Qualitative Feedback on
Jeffrey E. Sobczak (WI) review. Agency Service Delivery.
Michael D. Strickland (IL) DATES: Comments must be submitted on OMB Control No.: 1557–0248.
Vince D. Venezia (PA) or before April 6, 2017. Type of Review: Regular.
Jared M. Wabeke (MI) ADDRESSES: Because paper mail in the Affected Public: Businesses or other
Washington, DC area and at the OCC is for-profit.
Marcus D. Wade (IL) subject to delay, commenters are Frequency of Response: On occasion.
Tanner R. Walsh (MN) encouraged to submit comments by Burden Estimate:
In accordance with 49 U.S.C. 31136(e) email, if possible. Comments may be Number of Respondents: 3,000.
and 31315 each exemption is valid for sent to: Legislative and Regulatory Total Annual Burden: 2,350.
two years unless revoked earlier by Activities Division, Office of the Description: This generic information
FMCSA. The exemption will be revoked Comptroller of the Currency, Attention: collection request (ICR) provides a
if the following occurs: (1) The person 1557–0248, 400 7th Street SW., Suite means to solicit qualitative customer
fails to comply with the terms and 3E–218, mail stop 9W–11, Washington, and stakeholder feedback in an efficient,
conditions of the exemption; (2) the DC 20219. In addition, comments may timely manner, in accordance with the
exemption has resulted in a lower level be sent by fax to (571) 465–4326 or by Federal government’s commitment to
of safety than was maintained before it electronic mail to prainfo@occ.treas.gov. improving service delivery. Qualitative
was granted; or (3) continuation of the You may personally inspect and feedback is information that provides
exemption would not be consistent with photocopy comments at the OCC, 400 useful insights on perceptions and
the goals and objectives of 49 U.S.C. 7th Street SW., Washington, DC 20219. opinions but does not include statistical
31136(e) and 31315. If the exemption is For security reasons, the OCC requires survey or quantitative results that can be
still effective at the end of the 2-year that visitors make an appointment to attributed to the population of study.
period, the person may apply to FMCSA inspect comments. You may do so by This qualitative feedback provides
calling (202) 649–6700 or, for persons insights into customer or stakeholder
sradovich on DSK3GMQ082PROD with NOTICES
for a renewal under procedures in effect
at that time. who are deaf or hard of hearing, TTY, perceptions, experiences, and
(202) 649–5597. Upon arrival, visitors expectations; provides an early warning
Issued on: February 27, 2017. will be required to present valid of issues with service; and/or focuses
Larry W. Minor, government-issued photo identification attention on areas where
Associate Administrator for Policy. and submit to security screening in communication, training, or changes in
[FR Doc. 2017–04389 Filed 3–6–17; 8:45 am] order to inspect and photocopy operations might improve delivery of
BILLING CODE 4910–EX–P comments. products or services. It also enables
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Document Created: 2018-02-01 14:48:53
Document Modified: 2018-02-01 14:48:53
| 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 January 13, 2017. The exemptions expire on January 13, 2019. | |
| Contact | Ms. 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 | 82 FR 12902 |
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