82 FR 19433 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 82, Issue 80 (April 27, 2017)
Federal Motor Carrier Safety Administration
Federal Register Volume 82, Issue 80 (April 27, 2017)
| Page Range | 19433-19435 | |
| FR Document | 2017-08497 |
[Federal Register Volume 82, Number 80 (Thursday, April 27, 2017)] [Notices] [Pages 19433-19435] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-08497] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA-2017-0029] Qualification of Drivers; Exemption Applications; Diabetes Mellitus AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. ----------------------------------------------------------------------- SUMMARY: FMCSA announces its decision to exempt 44 individuals from its rule prohibiting persons with insulin-treated diabetes mellitus (ITDM) from operating commercial motor vehicles (CMVs) in interstate commerce. The exemptions enable these individuals to operate CMVs in interstate commerce. DATES: The exemptions were effective on April 7, 2017. The exemptions expire on April 7, 2019. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 [[Page 19434]] 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 March 7, 2017, FMCSA published a notice of receipt of Federal diabetes exemption applications from 44 individuals and requested comments from the public (82 FR 12891). The public comment period closed on April 6, 2017, and one comment was received. FMCSA has evaluated the eligibility of the 44 applicants and determined that granting the exemptions to these individuals would achieve a level of safety equivalent to or greater than the level that would be achieved by complying with the current regulation 49 CFR 391.41(b)(3). Diabetes Mellitus and Driving Experience of the Applicants The Agency established the current requirement for diabetes in 1970 because several risk studies indicated that drivers with diabetes had a higher rate of crash involvement than the general population. The diabetes rule provides that ``A person is physically qualified to drive a commercial motor vehicle if that person has no established medical history or clinical diagnosis of diabetes mellitus currently requiring insulin for control'' (49 CFR 391.41(b)(3)). FMCSA established its diabetes exemption program, based on the Agency's July 2000 study entitled ``A Report to Congress on the Feasibility of a Program to Qualify Individuals with Insulin-Treated Diabetes Mellitus to Operate in Interstate Commerce as Directed by the Transportation Act for the 21st Century.'' The report concluded that a safe and practicable protocol to allow some drivers with ITDM to operate CMVs is feasible. The September 3, 2003 (68 FR 52441), Federal Register notice in conjunction with the November 8, 2005 (70 FR 67777), Federal Register notice provides the current protocol for allowing such drivers to operate CMVs in interstate commerce. These 44 applicants have had ITDM over a range of 1 to 25 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 7, 2017, Federal Register notice and they will not be repeated in this notice. III. Discussion of Comments FMCSA received one comment in this proceeding. Wesley Collier stated that he believes he ``would refrain from passing a general rule'' allowing drivers with ITDM to operate CMVs in interstate commerce, but allow exceptions for drivers who fit certain medical criteria. FMCSA has reviewed the medical histories of all drivers in this document and has determined that granting the exemptions will create a level of safety equal to or greater than what would be achieved without 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 44 exemption applications, FMCSA exempts the following drivers from the diabetes requirement in 49 CFR 391.41(b)(3): M. Rafael Allen (CT) Roger L. Anderson (IL) Joseph S. Bernier (MA) Davarus L. Bouknight (SC) Everett L. Brashears (MA) Thomas G. Brown, II (IN) Sequoyah S. Browning (AR) Alfred B. Cardwell (ND) Gregg J. Chase (NJ) Michael R. Chrisman (NE) Joseph A. Czanstkowski (MN) Daniel G. Durbin (IN) Charles E. Fennington (DE) Craig D. Furlough (NC) [[Page 19435]] Jeffrey D. Griffin (NC) Daryll A. Grinkey (IL) Daniel J. Irving (MD) Charles B. Jesness (CO) Derrick Johnson (IL) Robert F. King (NY) Henry D. Lyons (CT) Owen L. MacDonald (KS) Edwin Martinez, Jr. (DE) Joseph Murray (KS) Bryan J. Orcutt (ID) Jesus H. Oseguera (ID) Eugenio J. Pereira (NJ) Brian R. Repp (WI) Michael W. Robinson (MD) Reynaldo Roman (NY) David A. Rosen (PA) Joseph C. Schulte (OH) Byron L. Short (CO) George W. Sparrow (RI) Gabriel S. Stevens (CT) Stanford A. Tilghman (PA) Joshua F. Tolman (UT) Thomas W. Truitt (WY) Joseph G. Volz (WI) David B. Watson (FL) Curtis D. Weinman (WA) Charlie A. Williams (NC) Timothy J. Williamson (GA) Mark E. Wisecarver (PA) In accordance with 49 U.S.C. 31136(e) and 31315 each exemption is valid for two years unless revoked earlier by FMCSA. The exemption will be revoked if the following occurs: (1) The person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained before it was granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315. If the exemption is still effective at the end of the 2-year period, the person may apply to FMCSA for a renewal under procedures in effect at that time. Issued on: April 19, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017-08497 Filed 4-26-17; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 82, No. 80 / Thursday, April 27, 2017 / Notices 19433
ADDRESSES: Schedules may be together to minimize operational seasons, at JFK, there is limited
submitted by email to: 7-AWA- disruptions to the extent possible, availability for new operations outside
slotadmin@faa.gov; facsimile: 202–267– similar to prior runway construction the mid-morning and late evening
7277; or by mail to the Slot projects. As construction plans are periods. Anticipated late winter runway
Administration Office, AGC–200, Office developed, the FAA will review construction could also increase delays
of the Chief Counsel, 800 Independence alternative runway configurations and above levels normally experienced in
Avenue SW., Washington, DC 20591. operating procedures and model that period.
FOR FURTHER INFORMATION CONTACT: potential capacity and delay impacts. Each Level 2 airport has a separate
Susan Pfingstler, System Operations We expect the PANYNJ will conduct process adopted by the airport operator
Services, Air Traffic Organization, regular meetings with the FAA, airlines, for securing terminal/gate availability
Federal Aviation Administration, 600 and other stakeholders. Those meetings for certain types of flights. These are
Independence Avenue SW., and other information provided by the primarily for international passenger
Washington, DC 20591; telephone PANYNJ will likely be the best source flights or for flights operating at
number: 202–267–6462; email: of project updates and potential particular terminals or gates. The
susan.pfingstler@faa.gov. operational impacts. processes with the individual airports
SUPPLEMENTARY INFORMATION: The FAA LAX will continue rehabilitation on will continue separately from, and in
has designated EWR, LAX, ORD, and Runway 7L/25R and taxiways during addition to, the FAA review of
SFO as IATA Level 2 airports and JFK parts of the winter 2017 season. Los schedules based on runway capacity.
as an IATA Level 3 airport. The FAA Angeles World Airports (LAWA), the IATA maintains the schedule facilitator
currently limits scheduled operations at airport operator, plans construction that contact information for carriers
JFK by Order.1 will shorten the runway length through planning operations at EWR, LAX, ORD,
The FAA is primarily concerned December. The runway will be limited and SFO. There are multiple terminals
about scheduled and other regularly to departing flights. Other airfield at JFK and airlines are similarly
conducted commercial operations construction is not currently estimated responsible for securing terminal
during peak hours, but carriers may to have significant operational impacts. approval if needed. The FAA may
submit schedule plans for the entire LAWA conducts monthly meetings on consider the need to harmonize terminal
day. At ORD, the peak hours are 0700 construction updates with FAA local air and runway availability. However, this
to 2100 Central Time (1300 to 0300 traffic control, airline representatives, may not always be possible within the
UTC), at LAX and SFO from 0600 to and other interested stakeholders. The various airport and airline constraints.
2300 Pacific Time (1400 to 0700 UTC), LAWA meetings may be the best source
of project updates and potential Issued in Washington, DC, on April 21,
and at EWR and JFK from 0600 to 2300 2017.
Eastern Time (1100 to 0400 UTC). operational impacts.
The FAA will use hourly runway Michael C. Artist,
Carriers should submit schedule Acting Vice President, System Operations
capacity throughput for the Level 2
information in sufficient detail, Services.
airports in its schedule reviews,
including, at minimum, the operating
considering any differences associated [FR Doc. 2017–08532 Filed 4–26–17; 8:45 am]
carrier, flight number, scheduled time of
with runway construction or other BILLING CODE 4910–13–P
operation, frequency, and effective
operational factors. The FAA regularly
dates. IATA standard schedule
reviews operational performance
information format and data elements DEPARTMENT OF TRANSPORTATION
metrics and trends to determine if
(Standard Schedules Information demand, including arrival and
Manual or SSIM, Chapter 6) may be departure distribution, during certain Federal Motor Carrier Safety
used. The WSG provides additional time periods may create operational Administration
information on schedule submissions issues and assess whether schedule [FMCSA Docket No. FMCSA–2017–0029]
and updates at Level 2 and Level 3 adjustments or changes to scheduling
airports. limits are warranted during those Qualification of Drivers; Exemption
The U.S. winter scheduling season for Applications; Diabetes Mellitus
periods.
these airports is from October 29, 2017, There are a few cases where the FAA
through March 24, 2018, in recognition anticipates potential issues for winter AGENCY: Federal Motor Carrier Safety
of the IATA northern winter period. The 2017. Carriers are encouraged to take Administration (FMCSA), DOT.
FAA understands there may be these potential issues into consideration ACTION: Notice of final disposition.
differences in schedule times due to before submitting schedules for winter
U.S. daylight saving time dates and will 2017 and should be prepared to adjust SUMMARY: FMCSA announces its
accommodate these differences to the schedules to meet available capacity in decision to exempt 44 individuals from
extent possible. order to minimize potential congestion its rule prohibiting persons with
JFK will have construction in 2018 on and delay. At EWR, the 0700 to 0859 insulin-treated diabetes mellitus (ITDM)
Runway 13L/31R for rehabilitation of and 1400–2059 Eastern Time (1200 to from operating commercial motor
pavement and other airfield 1359 and 1900 to 0159 UTC) hours are vehicles (CMVs) in interstate commerce.
improvements. The Port Authority of expected to be the highest demand The exemptions enable these
New York and New Jersey (PANYNJ), periods and not all requests for new individuals to operate CMVs in
the airport operator, is currently flights are likely to be accommodated interstate commerce.
developing the construction phasing during those times. At LAX and SFO, DATES: The exemptions were effective
mstockstill on DSK30JT082PROD with NOTICES
plans in consultation with FAA, the 0700 to 1359 Pacific Time (1500 to on April 7, 2017. The exemptions expire
airlines, and other stakeholders. The 2159 UTC) hours are expected to be the on April 7, 2019.
FAA and the PANYNJ will work highest demand hours. At ORD, the FOR FURTHER INFORMATION CONTACT: Ms.
1 Operating Limitations at John F. Kennedy
FAA will continue to review cumulative Christine A. Hydock, Chief, Medical
International Airport, 73 FR 3510 (Jan. 18, 2008) as
demand and peaking of scheduled Programs Division, (202) 366–4001,
most recently amended 81 FR 40167 (June 21, operations to identify potential fmcsamedical@dot.gov, FMCSA,
2016). congested periods. As in previous Department of Transportation, 1200
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![Federal Register / Vol. 82, No. 80 / Thursday, April 27, 2017 / Notices 19435
Jeffrey D. Griffin (NC) ACTION:Notice of renewal of Friday, except Federal holidays. The
Daryll A. Grinkey (IL) exemptions; request for comments. Federal Docket Management System
Daniel J. Irving (MD) (FDMS) is available 24 hours each day,
Charles B. Jesness (CO) SUMMARY: FMCSA announces its 365 days each year. If you want
Derrick Johnson (IL) decision to renew the exemptions of 135 acknowledgment that we received your
Robert F. King (NY) individuals from its rule prohibiting comments, please include a self-
Henry D. Lyons (CT) persons with insulin-treated diabetes addressed, stamped envelope or
Owen L. MacDonald (KS) mellitus (ITDM) from operating postcard or print the acknowledgement
Edwin Martinez, Jr. (DE) commercial motor vehicles (CMVs) in page that appears after submitting
Joseph Murray (KS) interstate commerce. FMCSA has
Bryan J. Orcutt (ID) comments on-line.
statutory authority to exempt Privacy Act: Anyone may search the
Jesus H. Oseguera (ID) individuals from this rule if the
Eugenio J. Pereira (NJ) electronic form of all comments
exemptions granted will not
Brian R. Repp (WI) received into any of our dockets by the
compromise safety. The Agency has
Michael W. Robinson (MD) name of the individual submitting the
concluded that granting these
Reynaldo Roman (NY) comment (or of the person signing the
exemption renewals will provide a level
David A. Rosen (PA) comment, if submitted on behalf of an
of safety that is equivalent to or greater
Joseph C. Schulte (OH) association, business, labor union, etc.).
than the level of safety maintained
Byron L. Short (CO) You may review DOT’s Privacy Act
without the exemptions for these CMV
George W. Sparrow (RI) Statement for the Federal Docket
Gabriel S. Stevens (CT) drivers.
Management System (FDMS) published
Stanford A. Tilghman (PA) DATES: Each group of renewed
in the Federal Register on January 17,
Joshua F. Tolman (UT) exemptions are effective from the dates 2008 (73 FR 3316).
Thomas W. Truitt (WY) stated in the discussions below.
Comments must be received on or FOR FURTHER INFORMATION CONTACT: Ms.
Joseph G. Volz (WI)
David B. Watson (FL) before May 30, 2017. Christine A. Hydock, Chief, Medical
Curtis D. Weinman (WA) Programs Division, 202–366–4001,
ADDRESSES: You may submit comments
Charlie A. Williams (NC) fmcsamedical@dot.gov, FMCSA,
bearing the Federal Docket Management
Timothy J. Williamson (GA) Department of Transportation, 1200
System (FDMS) numbers: Docket No.
Mark E. Wisecarver (PA) New Jersey Avenue, SE., Room W64–
FMCSA–2005–22177; FMCSA–2005–
In accordance with 49 U.S.C. 31136(e) 113, Washington, DC 20590–0001.
22905; FMCSA–2006–26600; FMCSA–
and 31315 each exemption is valid for Office hours are from 8 a.m. to 5:30
2008–0009; FMCSA–2008–0399;
two years unless revoked earlier by p.m., e.t., Monday through Friday,
FMCSA–2009–0055; FMCSA–2011–
FMCSA. The exemption will be revoked except Federal holidays.
0011; FMCSA–2011–0025; FMCSA–
if the following occurs: (1) The person 2013–0011; FMCSA–2013–0013; SUPPLEMENTARY INFORMATION:
fails to comply with the terms and FMCSA–2014–0314 using any of the I. Background
conditions of the exemption; (2) the following methods:
exemption has resulted in a lower level • Federal eRulemaking Portal: Go to Under 49 U.S.C. 31136(e) and 31315,
of safety than was maintained before it http://www.regulations.gov. Follow the FMCSA may renew an exemption from
was granted; or (3) continuation of the on-line instructions for submitting the Federal Motor Carrier Safety
exemption would not be consistent with comments. Regulations 2-year period if it finds
the goals and objectives of 49 U.S.C. • Mail: Docket Management Facility; ‘‘such exemption would likely achieve a
31136(e) and 31315. If the exemption is U.S. Department of Transportation, 1200 level of safety that is equivalent to or
still effective at the end of the 2-year New Jersey Avenue SE., West Building greater than the level that would be
period, the person may apply to FMCSA Ground Floor, Room W12–140, achieved absent such exemption.’’ The
for a renewal under procedures in effect Washington, DC 20590–0001. statute also allows the Agency to renew
at that time. • Hand Delivery or Courier: West exemptions at the end of the 2-year
Building Ground Floor, Room W12–140, period. The 135 individuals listed in
Issued on: April 19, 2017.
1200 New Jersey Avenue SE., this notice have recently become
Larry W. Minor, eligible for a renewed exemption from
Washington, DC, between 9 a.m. and 5
Associate Administrator for Policy. p.m., e.t., Monday through Friday, the diabetes prohibition in 49 CFR
[FR Doc. 2017–08497 Filed 4–26–17; 8:45 am] except Federal Holidays. 391.41(b)(3), which applies to drivers of
BILLING CODE 4910–EX–P • Fax: 1–202–493–2251. CMVs in interstate commerce. The
Instructions: Each submission must drivers remain in good standing with
include the Agency name and the the Agency, have maintained their
DEPARTMENT OF TRANSPORTATION docket number for this notice. Note that required medical monitoring and have
DOT posts all comments received not exhibited any medical issues that
Federal Motor Carrier Safety without change to http:// would compromise their ability to safely
Administration www.regulations.gov, including any operate a CMV during the previous 2-
[Docket No. FMCSA–2005–22177; FMCSA– personal information included in a year exemption period.
2005–22905; FMCSA–2006–26600; FMCSA– comment. Please see the Privacy Act
2008–0009; FMCSA–2008–0399; FMCSA– II. Exemption Decision
heading below.
2009–0055; FMCSA–2011–0011; FMCSA– Docket: For access to the docket to This notice addresses 135 individuals
mstockstill on DSK30JT082PROD with NOTICES
2011–0025; FMCSA–2013–0011; FMCSA– read background documents or who have requested renewal of their
2013–0013; FMCSA–2014–0314] comments, go to http:// exemptions in accordance with FMCSA
www.regulations.gov at any time or procedures. These 135 drivers remain in
Qualification of Drivers; Exemption
Room W12–140 on the ground level of good standing with the Agency, have
Applications; Diabetes
the West Building, 1200 New Jersey maintained their required medical
AGENCY:Federal Motor Carrier Safety Avenue SE., Washington, DC, between 9 monitoring and have not exhibited any
Administration (FMCSA), DOT. a.m. and 5 p.m., e.t., Monday through medical issues that would compromise
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Document Created: 2017-04-27 01:39:46
Document Modified: 2017-04-27 01:39:46
| 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 7, 2017. The exemptions expire on April 7, 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 19433 |
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