82 FR 30940 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 82, Issue 126 (July 3, 2017)
Federal Motor Carrier Safety Administration
Federal Register Volume 82, Issue 126 (July 3, 2017)
| Page Range | 30940-30942 | |
| FR Document | 2017-13929 |
[Federal Register Volume 82, Number 126 (Monday, July 3, 2017)] [Notices] [Pages 30940-30942] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-13929] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA-2017-0031] 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 49 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 31, 2017. The exemptions expire on May 31, 2019. FOR FURTHER INFORMATION 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. 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 April 27, 2017, FMCSA published a notice of receipt of Federal diabetes exemption applications from 50 individuals and requested comments from the public (82 FR 19438). The [[Page 30941]] public comment period closed on May 30, 2017, and two comments were received. FMCSA has evaluated the eligibility of the 50 applicants and determined that granting the exemptions to 49 of 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 50 applicants have had ITDM over a range of 1 to 28 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 27, 2017, Federal Register notice and they will not be repeated in this notice. III. Discussion of Comments FMCSA received two comments in this proceeding. Charles W. Smith, who is included in this docket, submitted a comment asking if more information was needed for his exemption. Mr. Smith had a complete application at the time he was published in the Federal Register for the 30-day comment period. Since no negative comments were received regarding his case, he was granted an exemption effective May 31, 2017. Robert E. Branigan, Jr., who is also included on this docket, requested a document stating he is now exempt from the diabetes standard. An exemption was granted and mailed to him on May 31, 2017. 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 50 exemption applications, FMCSA exempts the following 49 drivers from the diabetes requirement in 49 CFR 391.41(b)(3): Ronald J. Boe (MN) Robert E. Branigan, Jr. (PA) Wayne P. Cashion (TN) Randall J. Claeys (OR) Ronald G. Dalle (NY) Vincenzo Dellisola (NY) Gary L.A. Driggers (GA) Daniel L. Fernberg (WI) Steven A. Grover (CO) Kenneth L. Hawthorne (MS) Matthew A. Huebner (IL) James C. Hylton (VA) Michael A. Jacobson (IA) David C. Jossi (ID) Randy J. Kean (KY) Edward T. Klauck (MO) Carl R. Knapp (WA) Robert E. Knox (OR) Oris Lormeus (NY) James V. Maiorana (NY) Jerry S. Malloy (OK) James E. Mann, Jr. (NC) Tremaine E. Mathews (TX) Archie D. McCracken (NC) William M. Nafus (PA) David S.E. Patton (AR) Andrew J. Peard (NE) Ronald C. Pennyman (GA) Matthew B. Phillips (IN) Larry P. Pruitt (NC) Jose L. Ramos (NM) Danny L. Russell (NH) Ronald M. Salas (CA) Roger W. Senff (WY) David M. Seswick (OH) Charles W. Smith (VA) Jeffery A. Stone (IN) William C. Suozzo (PA) Sean M. Sweeney (NJ) Thomas W. Szaloy (NM) John A. Tagtgren (MN) Michael E. Thompson (WA) John A. Wargo (WV) Michael E. Weideman (SD) Monty A. Weigum (ND) Zachary B.J. Weihart (WI) James M. Wenzel (MN) Steven G. Wilcox (CA) [[Page 30942]] Nathaniel D. Winston (VA) Gerald G. Blacklock (PA), who was included in the request for comments notice published on April 27, 2017 (82 FR 19438), ceased using insulin during the comment period. As a result, he no longer requires an exemption to operate in interstate commerce and was not issued one by the Agency. In accordance with 49 U.S.C. 31136(e) and 31315 each exemption is valid for two years unless revoked earlier by FMCSA. The exemption will be revoked if the following occurs: (1) The person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained before it was granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315. If the exemption is still effective at the end of the 2-year period, the person may apply to FMCSA for a renewal under procedures in effect at that time. Issued on: June 22, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017-13929 Filed 6-30-17; 8:45 am] BILLING CODE 4910-EX-P
![30940 Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Notices
49 CFR 391.41(b)(11) was adopted in U.S.C. 31136(e) and 31315, each driver DEPARTMENT OF TRANSPORTATION
1970, with a revision in 1971 to allow has received a renewed exemption.
drivers to be qualified under this As of June 10, 2017, the following five Federal Motor Carrier Safety
standard while wearing a hearing aid, Administration
drivers have satisfied the renewal
35 FR 6458, 6463 (April 22, 1970) and conditions for obtaining an exemption [FMCSA Docket No. FMCSA–2017–0031]
36 FR 12857 (July 3, 1971).
The five individuals listed in this from the hearing requirement in 49 CFR
391.41(b)(11), from driving CMVs in Qualification of Drivers; Exemption
notice have requested renewal of their Applications; Diabetes Mellitus
exemptions from the hearing standard interstate commerce (78 FR 22708).
in 49 CFR 391.41(b)(11), in accordance Thomas Carr (PA) AGENCY: Federal Motor Carrier Safety
with FMCSA procedures. Accordingly, Administration (FMCSA), DOT.
Robert Knapp (WI)
FMCSA has evaluated these ACTION: Notice of final disposition.
applications for renewal on their merits Keith Miller (PA)
and decided to extend each exemption Jeffrey Webber (OK) SUMMARY: FMCSA announces its
for a renewable two-year period. decision to exempt 49 individuals from
Michael Wilkes (MA)
its rule prohibiting persons with
II. Request for Comments
The drivers were included in insulin-treated diabetes mellitus (ITDM)
Interested parties or organizations FMCSA–2014–0384. The exemptions from operating commercial motor
possessing information that would were effective on June 10, 2017, and vehicles (CMVs) in interstate commerce.
otherwise show that any, or all, of these will expire on June 10, 2019. The exemptions enable these
drivers are not currently achieving the individuals to operate CMVs in
statutory level of safety should IV. Conditions and Requirements interstate commerce.
immediately notify FMCSA. The
The exemptions are extended subject DATES: The exemptions were effective
Agency will evaluate any adverse
to the following conditions: (1) Each on May 31, 2017. The exemptions
evidence submitted and, if safety is
driver must report any crashes or expire on May 31, 2019.
being compromised or if continuation of
the exemption would not be consistent accidents as defined in 49 CFR 390.5; FOR FURTHER INFORMATION CONTACT: Ms.
with the goals and objectives of 49 and (2) report all citations and Christine A. Hydock, Chief, Medical
U.S.C. 31136(e) and 31315, FMCSA will convictions for disqualifying offenses Programs Division, (202) 366–4001,
take immediate steps to revoke the under 49 CFR part 383 and 49 CFR 391 fmcsamedical@dot.gov, FMCSA,
exemption of a driver. to FMCSA. In addition, the driver must Department of Transportation, 1200
also have a copy of the exemption when New Jersey Avenue SE., Room W64–
III. Basis for Renewing Exemptions driving, for presentation to a duly 113, Washington, DC 20590–0001.
Under 49 U.S.C. 31315(b)(1), an authorized Federal, State, or local Office hours are from 8:30 a.m. to 5 p.m.
exemption may be granted for no longer enforcement official. The driver is e.t., Monday through Friday, except
than two years from its approval date prohibited from operating a motorcoach Federal holidays.
and may be renewed upon application. or bus with passengers in interstate SUPPLEMENTARY INFORMATION:
In accordance with 49 U.S.C. 31136(e) commerce. The exemption does not
and 31315, each of the twelve I. Electronic Access
exempt the individual from meeting the
applicants has satisfied the renewal applicable CDL testing requirements. You may see all the comments online
conditions for obtaining an exemption Each exemption will be valid for two through the Federal Document
from the hearing requirement (80 FR years unless rescinded earlier by Management System (FDMS) at: http://
57032; 80 FR 60747). In addition, for FMCSA. The exemption will be www.regulations.gov.
Commercial Driver’s License (CDL) rescinded if: (1) The person fails to Docket: For access to the docket to
holders, the Commercial Driver’s comply with the terms and conditions read background documents or
License Information System (CDLIS) of the exemption; (2) the exemption has comments, go to http://
and the Motor Carrier Management resulted in a lower level of safety than www.regulations.gov and/or Room
Information System (MCMIS) are was maintained before it was granted; or W12–140 on the ground level of the
searched for crash and violation data. (3) continuation of the exemption would West Building, 1200 New Jersey Avenue
For non-CDL holders, the Agency not be consistent with the goals and SE., Washington, DC, between 9 a.m.
reviews the driving records from the objectives of 49 U.S.C. 31136(e) and and 5 p.m., e.t., Monday through Friday,
State Driver’s Licensing Agency (SDLA). 31315. except Federal holidays.
These factors provide an adequate basis Privacy Act: In accordance with 5
for predicting each driver’s ability to V. Conclusion U.S.C. 553(c), DOT solicits comments
continue to safely operate a CMV in from the public to better inform its
interstate commerce. Based upon its evaluation of the nine rulemaking process. DOT posts these
The five drivers in this notice remain exemption applications, FMCSA renews comments, without edit, including any
in good standing with the Agency and the exemptions of the aforementioned personal information the commenter
have not exhibited any medical issues drivers from the hearing requirement in provides, to www.regulations.gov, as
that would compromise their ability to 49 CFR 391.41 (b)(11). In accordance described in the system of records
safely operate a CMV during the with 49 U.S.C. 31136(e) and 31315, each notice (DOT/ALL–14 FDMS), which can
previous two-year exemption period. exemption will be valid for two years
sradovich on DSK3GMQ082PROD with NOTICES
be reviewed at www.dot.gov/privacy.
FMCSA has concluded that renewing unless revoked earlier by FMCSA.
the exemptions for each of these II. Background
Issued on: June 22, 2017.
applicants is likely to achieve a level of On April 27, 2017, FMCSA published
Larry W. Minor,
safety equal to that existing without the a notice of receipt of Federal diabetes
exemption. Therefore, FMCSA has Associate Administrator for Policy. exemption applications from 50
decided to renew each exemption for a [FR Doc. 2017–13931 Filed 6–30–17; 8:45 am] individuals and requested comments
two-year period. In accordance with 49 BILLING CODE 4910–EX–P from the public (82 FR 19438). The
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![30942 Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Notices
Nathaniel D. Winston (VA) microprocessor based vital logic be reviewed at https://
Gerald G. Blacklock (PA), who was controllers, and replace wayside signals. www.transportation.gov/privacy. See
included in the request for comments The reason CSX gives for the also https://www.regulations.gov/
notice published on April 27, 2017 (82 proposed modification is that it will be privacyNotice for the privacy notice of
FR 19438), ceased using insulin during done in conjunction with other regulations.gov.
the comment period. As a result, he no modifications to the signal system to Issued in Washington, DC.
longer requires an exemption to operate prepare for PTC implementation.
Robert C. Lauby,
in interstate commerce and was not A copy of the petition, as well as any
written communications concerning the Associate Administrator for Railroad Safety
issued one by the Agency. Chief Safety Officer.
In accordance with 49 U.S.C. 31136(e) petition, is available for review online at
www.regulations.gov and in person at [FR Doc. 2017–13975 Filed 6–30–17; 8:45 am]
and 31315 each exemption is valid for
two years unless revoked earlier by the U.S. Department of Transportation’s BILLING CODE 4910–06–P
FMCSA. The exemption will be revoked (DOT) Docket Operations Facility, 1200
if the following occurs: (1) The person New Jersey Avenue SE., W12–140,
Washington, DC 20590. The Docket DEPARTMENT OF TRANSPORTATION
fails to comply with the terms and
conditions of the exemption; (2) the Operations Facility is open from 9 a.m. Intelligent Transportation Systems
exemption has resulted in a lower level to 5 p.m., Monday through Friday, Program Advisory Committee; Notice
of safety than was maintained before it except Federal Holidays. of Meeting
Interested parties are invited to
was granted; or (3) continuation of the
participate in these proceedings by AGENCY: ITS Joint Program Office, Office
exemption would not be consistent with
submitting written views, data, or of the Assistant Secretary for Research
the goals and objectives of 49 U.S.C.
comments. FRA does not anticipate and Technology, U.S. Department of
31136(e) and 31315. If the exemption is
scheduling a public hearing in Transportation.
still effective at the end of the 2-year
connection with these proceedings since ACTION: Notice.
period, the person may apply to FMCSA
the facts do not appear to warrant a
for a renewal under procedures in effect The Intelligent Transportation
hearing. If any interested parties desire
at that time. Systems (ITS) Program Advisory
an opportunity for oral comment and a
Issued on: June 22, 2017. public hearing, they should notify FRA, Committee (ITS PAC) will hold a
Larry W. Minor, in writing, before the end of the meeting on July 18 & 19, 2017, from 8:30
Associate Administrator for Policy. comment period and specify the basis a.m. to 3:00 p.m. (EDT) in the
[FR Doc. 2017–13929 Filed 6–30–17; 8:45 am] for their request. Doubletree Crystal City Hotel, 300 Army
BILLING CODE 4910–EX–P All communications concerning these Navy Drive, Arlington, VA 22202.
proceedings should identify the The ITS PAC, established under
appropriate docket number and may be Section 5305 of Public Law 109–59,
DEPARTMENT OF TRANSPORTATION submitted by any of the following Safe, Accountable, Flexible, Efficient
methods: Transportation Equity Act: A Legacy for
Federal Railroad Administration • Web site: http:// Users, August 10, 2005, and re-
www.regulations.gov. Follow the online established under Section 6007 of
[Docket Number FRA–2017–0056] instructions for submitting comments. Public Law 114–94, Fixing America’s
• Fax: 202–493–2251. Surface Transportation (FAST) Act,
Notice of Application for Approval of • Mail: Docket Operations Facility, December 4, 2015, was created to advise
Discontinuance or Modification of a U.S. Department of Transportation, 1200 the Secretary of Transportation on all
Railroad Signal System New Jersey Avenue SE., W12–140, matters relating to the study,
Washington, DC 20590. development, and implementation of
Under part 235 of Title 49 of the Code • Hand Delivery: 1200 New Jersey intelligent transportation systems.
of Federal Regulations (CFR) and 49 Avenue SE., Room W12–140, Through its sponsor, the ITS Joint
U.S.C. 20502(a), this document provides Washington, DC 20590, between 9 a.m. Program Office (JPO), the ITS PAC
the public notice that on May 23, 2017, and 5 p.m., Monday through Friday, makes recommendations to the
CSX Transportation (CSX) petitioned except Federal Holidays. Secretary regarding ITS Program needs,
the Federal Railroad Administration Communications received by August objectives, plans, approaches, content,
(FRA) seeking approval for the 17, 2017 will be considered by FRA and progress.
discontinuance or modification of a before final action is taken. Comments The following is a summary of the
signal system. FRA assigned the petition received after that date will be meeting tentative agenda: (1) Welcome,
Docket Number FRA–2017–0056. considered if practicable. (2) Subcommittee Breakout Sessions
Applicant: CSX Transportation, Mr. Anyone can search the electronic and Updates to Committee, (3)
Harry C. Rhoades, Director PMO C&S, form of any written communications Connected Vehicle Discussion, (4)
500 Water Street, Speed Code J—350, and comments received into any of our Discussion of Potential Advice
Jacksonville, FL 32202. dockets by the name of the individual Memorandum Topics, (5) Summary and
CSX seeks to modify the signal system submitting the comment (or signing the Adjourn.
between milepost (MP) QHE–0.00 to MP document, if submitted on behalf of an The meeting will be open to the
QHE–2.70, and MP QHX–0.00 to MP association, business, labor union, etc.). public, but limited space will be
QHX–1.20, and MP QHW–0.00 to MP Under U.S.C. 553(c), DOT solicits
sradovich on DSK3GMQ082PROD with NOTICES
available on a first-come, first-served
QHW–1.20, on the Baltimore Division, comments from the public to better basis. Members of the public who wish
Philadelphia Subdivision, Philadelphia, inform its processes. DOT posts these to present oral statements at the meeting
PA. comments, without edit, including any must submit a request to ITSPAC@
CSX proposes to discontinue cab personal information the commenter dot.gov, not later than July 7, 2017.
signals; install electronic track circuits, provides, to www.regulations.gov, as Questions about the agenda or written
frame communication circuits, Positive described in the system of records comments may be submitted by U.S.
Train Control (PTC) compatible notice (DOT/ALL–14 FDMS), which can Mail to: U.S. Department of
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Document Created: 2018-11-14 10:19:48
Document Modified: 2018-11-14 10:19:48
| 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 31, 2017. The exemptions expire on May 31, 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 30940 |
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