82 FR 20966 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 82, Issue 85 (May 4, 2017)
Federal Motor Carrier Safety Administration
Federal Register Volume 82, Issue 85 (May 4, 2017)
| Page Range | 20966-20968 | |
| FR Document | 2017-09004 |
[Federal Register Volume 82, Number 85 (Thursday, May 4, 2017)] [Notices] [Pages 20966-20968] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-09004] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA-2016-0035] 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 46 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 May 13, 2016. The exemptions expire on May 13, 2018. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, fmcsamedical@dot.gov, 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. [[Page 20967]] 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 April 12, 2016, FMCSA published a notice of receipt of Federal diabetes exemption applications from 46 individuals and requested comments from the public (81 FR 21649.) The public comment period closed on May 12, 2016, and no comments were received. FMCSA has evaluated the eligibility of the 46 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 46 applicants have had ITDM over a range of 1 to 51 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 April 12, 2016, Federal Register notice and they will not be repeated in this notice. III. Discussion of Comments FMCSA received no comments in this proceeding. 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 46 exemption applications, FMCSA exempts the following drivers from the diabetes requirement in 49 CFR 391.41(b)(10), subject to the requirements cited above (49 CFR 391.64(b)): William M. Adams (SC) Gerald L. Beideck (OR) John J. Bizanos (NY) Joseph T. Bohnert (PA) Phillip J. Boruszewski (IL) Harold F. Braithwaite (OH) Kenneth H. Brown (NY) Alfred S. Church, Jr. (IN) James R. Conley (IN) Irvin L. Davis (VA) Richard J. Dudzenski (PA) William M. Dutton (ND) Richard W. Favier (CT) Richard G. Fiscus, Jr. (MA) Donald Fleming (IL) Sergio Garza (IL) Stanley L. Gear (MO) Ira S. Gelb (MA) Raymond C. Hartill (WA) Todd E. Himebauch (IL) John R. Hofmann, Jr. (IL) Matthew E. Ingham (WA) Grant L. Jensen (SD) Victor E. Kaneps (CO) Albert J. Laubauskas (NJ) Michael M. Lillie (MI) Barrington F. Mahabee (NY) Brandon T. A. Maines (MT) Robert J. Marnell (IA) Clayton E. McCoy (TX) Andrew J. Neset (ND) Scott A. Newell (MI) Braydon D. Paytas (UT) Edward C. Pisiakowski (CT) William J. Pratt (MN) Juan Rangel (CA) [[Page 20968]] Kyle L. Roy (OH) Nicola D. Santopietro (CT) Gary R. Silver (FL) Ryan D. Simmons (WA) Jerry G. Smith (NC) William J. Taylor (IN) Roy E. Tompkins (NY) Vasilios Tsimis (NY) Craig J. Voudren (VA) Donald L. Yamauchi (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: April 27, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017-09004 Filed 5-3-17; 8:45 am] BILLING CODE 4910-EX-P
![20966 Federal Register / Vol. 82, No. 85 / Thursday, May 4, 2017 / Notices
Thornburg reported that he has driven violation in a CMV; he failed to obey a Viewing Comments and Documents
straight trucks for 5 years, accumulating traffic control device. To view comments, as well as
225,000 miles. He holds a chauffer’s documents mentioned in this preamble
James J. Wyles
license from Michigan. His driving as being available in the docket, go to
record for the last 3 years shows no Mr. Wyles, 39, has had amblyopia in http://www.regulations.gov and insert
crashes and no convictions for moving his right eye since childhood. The the docket number FMCSA–2017–0017
violations in a CMV. visual acuity in his right eye is hand in the ‘‘Keyword’’ box and click
Eric J. Wickman motion, and in his left eye, 20/20. ‘‘Search.’’ Next, click ‘‘Open Docket
Following an examination in 2016, his Folder’’ button and choose the
Mr. Wickman, 47, had his right eye ophthalmologist stated, ‘‘He has
enucleated due to a traumatic incident document listed to review. If you do not
sufficient vision to operate a have access to the Internet, you may
in 1996. The visual acuity in his right commercial vehicle.’’ Mr. Wyles
eye is no light perception, and in his left view the docket online by visiting the
reported that he has driven straight Docket Management Facility in Room
eye, 20/20. Following an examination in trucks for 23 years, accumulating
2016, his optometrist stated, ‘‘In W12–140 on the ground floor of the
644,000 miles and tractor-trailer DOT West Building, 1200 New Jersey
summary, given the stable nature of combinations for 3 years, accumulating
Eric’s visual deficiency and stable Avenue SE., Washington, DC 20590,
120,000 miles. He holds a Class A CDL between 9 a.m. and 5 p.m., e.t., Monday
ocular health of his left eye, I feel that from North Carolina. His driving record
Eric functions well and is fully able to through Friday, except Federal holidays.
for the last 3 years shows no crashes and
perform all driving tasks without no convictions for moving violations in Issued on: April 27, 2017.
restriction at this time.’’ Mr. Wickman a CMV. Larry W. Minor,
reported that he has driven straight Associate Administrator for Policy.
trucks for 22 years, accumulating 3.3 III. Public Participation and Request for
[FR Doc. 2017–09000 Filed 5–3–17; 8:45 am]
million miles, and tractor-trailer Comments
BILLING CODE 4910–EX–P
combinations for 22 years, accumulating FMCSA encourages you to participate
3.3 million miles. He holds a Class CA by submitting comments and related
CDL from Michigan. His driving record materials. DEPARTMENT OF TRANSPORTATION
for the last 3 years shows no crashes and
no convictions for moving violations in Submitting Comments Federal Motor Carrier Safety
a CMV. If you submit a comment, please Administration
Don S. Williams include the docket number for this [FMCSA Docket No. FMCSA–2016–0035]
Mr. Williams, 58, has a prosthetic notice, indicate the specific section of
right eye due to a traumatic incident in this document to which each comment Qualification of Drivers; Exemption
childhood. The visual acuity in his right applies, and provide a reason for each Applications; Diabetes Mellitus
eye is no light perception, and in his left suggestion or recommendation. You
may submit your comments and AGENCY: Federal Motor Carrier Safety
eye, 20/20. Following an examination in Administration (FMCSA), DOT.
2016, his optometrist stated, ‘‘It is material online or by fax, mail, or hand
delivery, but please use only one of ACTION: Notice of final disposition.
therefore my opinion that Mr. Williams
has full field of vision and would not these means. FMCSA recommends that
you include your name and a mailing SUMMARY: FMCSA announces its
have difficulty driving any type of decision to exempt 46 individuals from
motor vehicle.’’ Mr. Williams reported address, an email address, or a phone
number in the body of your document its rule prohibiting persons with
that he has driven straight trucks for 12 insulin-treated diabetes mellitus (ITDM)
years, accumulating 480,000 miles, and so the Agency can contact you if it has
questions regarding your submission. from operating commercial motor
tractor-trailer combinations for 8 years, vehicles (CMVs) in interstate commerce.
accumulating 880,000 miles. He holds To submit your comment online, go to
http://www.regulations.gov and put the The exemptions enable these
an operator’s license from Alabama. His individuals to operate CMVs in
driving record for the last 3 years shows docket number FMCSA–2017–0017 in
the ‘‘Keyword’’ box, and click ‘‘Search’’. interstate commerce.
no crashes and one conviction for a
When the new screen appears, click on DATES: The exemptions were effective
moving violation in a CMV; he exceeded
‘‘Comment Now!’’ button and type your on May 13, 2016. The exemptions
the speed limit by 9 mph.
comment into the text box in the expire on May 13, 2018.
Garfield M. Williams following screen. Choose whether you FOR FURTHER INFORMATION CONTACT: Ms.
Mr. Williams, 40, has had amblyopia are submitting your comment as an Christine A. Hydock, Chief, Medical
in his right eye since childhood. The individual or on behalf of a third party Programs Division, (202) 366–4001,
visual acuity in his right eye is 20/200, and then submit. If you submit your fmcsamedical@dot.gov, FMCSA,
and in his left eye, 20/20. Following an comments by mail or hand delivery, Department of Transportation, 1200
examination in 2016, his optometrist submit them in an unbound format, no New Jersey Avenue SE., Room W64–
stated, ‘‘It is in my opinion that Mr. larger than 81⁄2 by 11 inches, suitable for 113, Washington, DC 20590–0001.
Williams does have sufficient vision to copying and electronic filing. If you Office hours are from 8:30 a.m. to 5 p.m.
perform the driving tasks required to submit comments by mail and would e.t., Monday through Friday, except
pmangrum on DSK3GDR082PROD with NOTICES
operate a commercial vehicle and will like to know that they reached the Federal holidays.
have no difficulty seeing at night.’’ Mr. facility, please enclose a stamped, self- SUPPLEMENTARY INFORMATION:
Williams reported that he has driven addressed postcard or envelope.
tractor-trailer combinations for 7 years, FMCSA will consider all comments I. Electronic Access
accumulating 297,500 miles. He holds a and material received during the You may see all the comments online
Class A CDL from Texas. His driving comment period. FMCSA may issue a through the Federal Document
record for the last 3 years shows no final determination at any time after the Management System (FDMS) at: http://
crashes and one conviction for a moving close of the comment period. www.regulations.gov.
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![20968 Federal Register / Vol. 82, No. 85 / Thursday, May 4, 2017 / Notices
Kyle L. Roy (OH) the intent of moving for a Committee DEPARTMENT OF THE TREASURY
Nicola D. Santopietro (CT) vote to approve the same. This agenda
Gary R. Silver (FL) is subject to change, including the Community Development Financial
Ryan D. Simmons (WA) possible addition of further proposed Institutions Fund
Jerry G. Smith (NC) tasks.
William J. Taylor (IN) Funding Opportunity Title: Notice of
Roy E. Tompkins (NY) DATES:The RSAC meeting is scheduled Allocation Availability (NOAA) Inviting
Vasilios Tsimis (NY) to commence at 9:30 a.m. on Thursday, Applications for the Calendar Year
Craig J. Voudren (VA) May 25, 2017, and will adjourn by 4:30 (CY) 2017 Allocation Round of the New
Donald L. Yamauchi (MN) p.m. Markets Tax Credit (NMTC) Program
In accordance with 49 U.S.C. 31136(e) ADDRESSES: The RSAC meeting will be Announcement Type: Announcement
and 31315 each exemption is valid for of allocation availability.
held at the National Association of
two years unless revoked earlier by Dates: Electronic applications must be
Home Builders, National Housing
FMCSA. The exemption will be revoked received by 5:00 p.m. ET on June 21,
Center, located at 1201 15th Street NW.,
if the following occurs: (1) The person 2017. Applications sent by mail,
fails to comply with the terms and Washington, DC 20005. The meeting is
facsimile, or other form will not be
conditions of the exemption; (2) the open to the public on a first-come, first-
accepted. Please note the Community
exemption has resulted in a lower level served basis, and is accessible to
Development Financial Institutions
of safety than was maintained before it individuals with disabilities. Sign and Fund (CDFI Fund) will only accept
was granted; or (3) continuation of the oral interpretation can be made applications and attachments (e.g., the
exemption would not be consistent with available if requested 10 calendar days Controlling Entity’s representative
the goals and objectives of 49 U.S.C. before the meeting. signature page, Assurances and
31136(e) and 31315. If the exemption is FOR FURTHER INFORMATION CONTACT: Certifications supporting documents,
still effective at the end of the 2-year Kenton Kilgore, RSAC Administrative investor letters, organizational charts) in
period, the person may apply to FMCSA Officer/Coordinator, FRA, 1200 New electronic form (see Section IV.C of this
for a renewal under procedures in effect NOAA for more details). Applications
Jersey Avenue SE., Mailstop 25,
at that time. must meet all eligibility and other
Washington, DC 20590, (202) 493–6286;
Issued on: April 27, 2017. or Robert Lauby, Associate requirements and deadlines, as
Larry W. Minor, applicable, set forth in this NOAA. Any
Administrator for Railroad Safety and
Associate Administrator for Policy. Applicant that is not yet certified as a
Chief Safety Officer, FRA, 1200 New
Community Development Entity (CDE)
[FR Doc. 2017–09004 Filed 5–3–17; 8:45 am] Jersey Avenue SE., Mailstop 25,
must submit an application for CDE
BILLING CODE 4910–EX–P Washington, DC 20590, (202) 493–6474. certification through the CDFI Fund’s
SUPPLEMENTARY INFORMATION: Pursuant Awards Management Information
DEPARTMENT OF TRANSPORTATION to Section 10(a)(2) of the Federal System (AMIS) on or before 5:00 p.m.
Advisory Committee Act (Pub. L. 92– ET on May 17, 2017 (see Section III.A.1
Federal Railroad Administration 463), FRA is giving notice of a meeting of this NOAA for more details on CDE
of the RSAC. The RSAC was established certification).
[Docket No. FRA–2000–7257, Notice No. 85] Executive Summary: This NOAA is
to provide advice and recommendations
to FRA on railroad safety matters. The issued in connection with the CY 2017
Railroad Safety Advisory Committee;
RSAC is composed of 59 voting allocation round (Allocation Round) of
Notice of Meeting
representatives from 38 member the New Markets Tax Credit Program
AGENCY: Federal Railroad (NMTC Program), as authorized by Title
organizations, representing various rail
Administration, Department of I, subtitle C, section 121 of the
industry perspectives. In addition, there
Transportation. Community Renewal Tax Relief Act of
are non-voting advisory representatives 2000 (Pub. L. 106–554) and amended by
ACTION: Notice of Railroad Safety from the agencies with railroad safety
Advisory Committee (RSAC) meeting. section 221 of the American Jobs
regulatory responsibility in Canada and Creation Act of 2004 (Pub. L. 108–357),
SUMMARY: FRA announces the fifty- Mexico, the National Transportation section 101 of the Gulf Opportunity
seventh meeting of the RSAC, a Federal Safety Board, and the Federal Transit Zone Act of 2005 (Pub. L. 108–357),
Advisory Committee (Committee) that Administration. The diversity of the Division A, section 102 of the Tax Relief
develops recommendations on railroad RSAC ensures the requisite range of and Health Care Act of 2006 (Pub. L.
safety regulations and other railroad views and expertise necessary to 109–432), section 733 of the Tax Relief,
safety issues through a consensus discharge its responsibilities. See the Unemployment Insurance
process. This meeting has been RSAC Web site for details on prior Reauthorization and Job Creation Act of
rescheduled from January 26, 2017, the RSAC activities and pending tasks at 2010 (Pub. L. 111–312), section 305 of
previously announced date. The RSAC http://rsac.fra.dot.gov/. Please refer to the American Taxpayer Relief Act of
meeting topics will include opening the notice published in the Federal 2012 (Pub. L. 112–240), and section 115
remarks from the FRA Associate Register on March 11, 1996 (61 FR of the Tax Increase Prevention Act of
Administrator for Railroad Safety and 9740), for additional information about 2014 (Pub. L. 113–295), section 141 of
pmangrum on DSK3GDR082PROD with NOTICES
Chief Safety Officer, as well as a status the RSAC. the Protecting Americans from Tax
report from the Engineering Task Force. Hikes Act (PATH) of 2015. Through the
In addition, FRA will present to the Robert C. Lauby, NMTC Program, the CDFI Fund
Committee the consensus Associate Administrator for Railroad Safety, provides authority to CDEs to offer an
recommendations from the Hazardous Chief Safety Officer. incentive to investors in the form of tax
Materials Working Group’s retrospective [FR Doc. 2017–08958 Filed 5–3–17; 8:45 am] credits over seven years, which is
review of certain portions of the BILLING CODE 4910–06–P expected to stimulate the provision of
Hazardous Materials Regulations, with private investment capital that, in turn,
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Document Created: 2017-05-04 01:49:16
Document Modified: 2017-05-04 01:49:16
| 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 May 13, 2016. The exemptions expire on May 13, 2018. | |
| 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 20966 |
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