Qualification of Drivers; Exemption Applications; Diabetes Mellitus, 63210-63211 [2014-25134]
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mstockstill on DSK4VPTVN1PROD with NOTICES
63210
Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
areas. The total length of the project site
spans approximately 0.4 miles. The
project is located within the City of
Anaheim between State Route 91 (SR–
91) and Interstate 5 (I–5), Orange
County. The purpose of the project is to
relieve congestion along the roadway,
provide continuity in the number of
lanes on Brookhurst Street, and improve
drainage along the corridor. The federal
aid project number is STPL 5055(163).
The actions by the Federal agency, and
the laws under which such actions were
taken, are described in the Final
Environmental Assessment (FEA) for
the project, approved on 9/12/14, in the
FHWA Finding of No Significant Impact
(FONSI) issued on 9/12/14, and in other
documents in the FHWA project
records. The FEA, FONSI, and other
project records are available by
contacting Caltrans at the addresses
provided above. This notice applies to
all Federal agency decisions as of the
issuance date of this notice and all laws
under which such actions were taken,
including but not limited to
1. Council on Environmental Quality
Regulations
2. National Environmental Policy Act
of 1969, as amended, 42 U.S.C. 4321 et
seq.
3. Federal-Aid Highway Act of 1970,
23 U.S.C. 109
4. MAP–21, the Moving Ahead for
Progress in the 21st Century Act (Pub.
L. 112–141)
5. Clean Air Act Amendments of 1990
(CAAA)
6. Clean Water Act of 1977 and 1987
7. Federal Water Pollution Control
Act of 1972 (see Clean Water Act of
1977 & 1987)
8. Federal Land Policy and
Management Act of 1976
(Paleontological Resources)
9. Noise Control Act of 1972
10. Safe Drinking Water Act of 1944,
as amended
11. Endangered Species Act of 1973
12. Executive Order 11990, Protection
of Wetlands
13. Executive Order 13112, Invasive
Species
14. Executive Order 13186, Migratory
Birds
15. Fish and Wildlife Coordination
Act of 1934, as amended
16. Migratory Bird Treaty Act
17. Water Bank Act Wetlands
Mitigation Banks, ISTEA 1991, Sections
1006–1007
18. Wildflowers, Surface
Transportation and Uniform Relocation
Act of 1987 Section 130
19. Coastal Zone Management Act of
1972
20. Coastal Zone Management Act
Reauthorization Amendments Of 1990
VerDate Sep<11>2014
18:22 Oct 21, 2014
Jkt 235001
21. Executive Order 11988,
Floodplain Management
22. Department of Transportation
(DOT) Executive Order 5650.2—
Floodplain Management and Protection
(April 23, 1979)
23. Rivers and Harbors Appropriation
Act of 1899, Sections 9 and 10
24. Title VI of the Civil Rights Act of
1964, as amended
25. Executive Order 12898, Federal
Actions to Address Environmental
Justice and Low-Income Populations
(Catalog of Federal Domestic Assistance
Program Number 20.205, Highway Planning
and Construction. The regulations
implementing Executive Order 12372
regarding intergovernmental consultation on
Federal programs and activities apply to this
program.)
Authority: 23 U.S.C. 139(l)(1).
Issued on: October 10th, 2014.
Cesar Perez,
Senior Transportation Engineer, Federal
Highway Administration, Sacramento,
California.
[FR Doc. 2014–25099 Filed 10–21–14; 8:45 am]
BILLING CODE 4910–RY–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[FMCSA Docket No. FMCSA–2014–0019]
Qualification of Drivers; Exemption
Applications; Diabetes Mellitus
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
FMCSA confirms its decision
to exempt 56 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 August 14, 2014. The exemptions
expire on September 15, 2016.
FOR FURTHER INFORMATION CONTACT:
Elaine M. Papp, R.N., Chief, Medical
Programs Division, (202) 366–4001,
fmcsamedical@dot.gov, FMCSA, Room
W64–224, Department of
Transportation, 1200 New Jersey
Avenue SE., Washington, DC 20590–
0001. Office hours are from 8:30 a.m. to
5 p.m., Monday through Friday, except
Federal holidays.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Electronic Access
You may see all the comments online
through the Federal Document
PO 00000
Frm 00133
Fmt 4703
Sfmt 4703
Management System (FDMS) at: https://
www.regulations.gov.
Docket: For access to the docket to
read background documents or
comments, go to https://
www.regulations.gov and/or Room
W12–140 on the ground level of the
West Building, 1200 New Jersey Avenue
SE., Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
Privacy Act: Anyone may search the
electronic form of all comments
received into any of DOT’s dockets by
the name of the individual submitting
the comment (or of the person signing
the comment, if submitted on behalf of
an association, business, labor union, or
other entity). You may review DOT’s
Privacy Act Statement for the Federal
Docket Management System (FDMS)
published in the Federal Register on
January 17, 2008 (73 FR 3316).
II. Background
On August 14, 2014, FMCSA
published a notice of receipt of Federal
diabetes exemption applications from
56 individuals and requested comments
from the public (79 FR 47702). The
public comment period closed on
September 15, 2014, and seven
comments were received.
FMCSA has evaluated the eligibility
of the 56 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).
III. 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
E:\FR\FM\22OCN1.SGM
22OCN1
Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices
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 56 applicants have had ITDM
over a range of 1 to 48 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 August
14, 2014, Federal Register notice and
they will not be repeated in this notice.
mstockstill on DSK4VPTVN1PROD with NOTICES
IV. Discussion of Comments
FMCSA received seven comments in
this proceeding. The comments are
discussed below.
E. Fajardo, Eman Saaidi, and three
anonymous commenters are in favor of
granting all drivers included in this
notice an exemption from the diabetes
standard.
Rayman Al-Omeri is in favor of
granting Ahmed Ali an exemption from
the diabetes standard.
Richard Woodall is in favor of
granting Raymond Lucero an exemption
from the diabetes standard.
V. 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.
VerDate Sep<11>2014
18:22 Oct 21, 2014
Jkt 235001
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.
VI. 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 selfemployed. The driver must also have a
copy of the certification when driving,
for presentation to a duly authorized
Federal, State, or local enforcement
official.
VII. Conclusion
Based upon its evaluation of the 56
exemption applications, FMCSA
exempts the following drivers from the
diabetes requirement in 49 CFR
391.41(b)(10), subject to the
requirements cited above 949 CFR
391.64(b)):
Michael N. Bohn (MN)
Jonathan Bona (NJ)
Vincent M. Branch (VA)
Perry C. Bullis (PA)
Christopher J. Burkhart (MO)
James E. Cantrell, Jr. (AL)
Kristy S. R. Clark (VA)
Royce N. Cordova (WA)
Robert Curry (NY)
Bradley C. Dunlap (IL)
John C. Fisher III (PA)
Kenneth W. Foster (IN)
Andrew C. Frykholm (MA)
Lyle O. Gahler (MN)
John A. Gillingham (PA)
Ronald L. Glade (IL)
Brent C. Godshalk (IN)
Robert L. Gordon (IL)
Jeffrey R. Harnack (MN)
Daniel E. Harris (IL)
PO 00000
Frm 00134
Fmt 4703
Sfmt 4703
63211
Elefterios Hatzigeorgalis (MD)
Drew J. Holtan (MN)
Randy S. Holz (IA)
Joseph C. House (AL)
Kenneth B. Huff (PA)
Henderson R. Hughes (NY)
Levi N. Hutchinson (PA)
Joseph T. Ingiosi (MI)
Michael J. Javenkoski (MN)
Katlin W. Johnson (LA)
Don L. Jorgensen (WY)
Steven T. Juhl (MN)
Christopher D. Lacasse, Sr. (MA)
Raymond S. Lucero (NM)
Richard M. Mackey (TX)
Kevin J. McGrath (MA)
Jerry W. Murphy (MS)
Christopher D. Murray (CA)
Robert D. Noe (IL)
Kyle W. Parker (CA)
Eric D. Roberts (MI)
Gary L. Roberts (CT)
Tommy A. Rollins (GA)
Janice M. Rowles (PA)
William B. Rupert, Jr. (PA)
Ahmed A. Saleh (MI)
Robert M. Schmitz (IA)
David C. Schultze (MN)
Brian R. Schwint (IA)
Dicky W. Shuttlesworth (TX)
Bryce J. Smith (UT)
David R. Sprenkel (PA)
Jeffrey R. Stevens (PA)
David W. Taggart (PA)
Artilla M. Thomas (IL)
William C. Tomlinson (GA)
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: October 10, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014–25134 Filed 10–21–14; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2014–0297]
Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
AGENCY:
E:\FR\FM\22OCN1.SGM
22OCN1
]]>Agencies
[Federal Register Volume 79, Number 204 (Wednesday, October 22, 2014)]
[Notices]
[Pages 63210-63211]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-25134]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[FMCSA Docket No. FMCSA-2014-0019]
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 56 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 August 14, 2014. The exemptions
expire on September 15, 2016.
FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, R.N., Chief, Medical
Programs Division, (202) 366-4001, fmcsamedical@dot.gov, FMCSA, Room
W64-224, Department of Transportation, 1200 New Jersey Avenue SE.,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.,
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: https://www.regulations.gov.
Docket: For access to the docket to read background documents or
comments, go to https://www.regulations.gov and/or Room W12-140 on the
ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
Privacy Act: Anyone may search the electronic form of all comments
received into any of DOT's dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, or other
entity). You may review DOT's Privacy Act Statement for the Federal
Docket Management System (FDMS) published in the Federal Register on
January 17, 2008 (73 FR 3316).
II. Background
On August 14, 2014, FMCSA published a notice of receipt of Federal
diabetes exemption applications from 56 individuals and requested
comments from the public (79 FR 47702). The public comment period
closed on September 15, 2014, and seven comments were received.
FMCSA has evaluated the eligibility of the 56 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).
III. 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
[[Page 63211]]
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 56 applicants have had ITDM over a range of 1 to 48 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 August 14, 2014, Federal Register
notice and they will not be repeated in this notice.
IV. Discussion of Comments
FMCSA received seven comments in this proceeding. The comments are
discussed below.
E. Fajardo, Eman Saaidi, and three anonymous commenters are in
favor of granting all drivers included in this notice an exemption from
the diabetes standard.
Rayman Al-Omeri is in favor of granting Ahmed Ali an exemption from
the diabetes standard.
Richard Woodall is in favor of granting Raymond Lucero an exemption
from the diabetes standard.
V. 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.
VI. 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.
VII. Conclusion
Based upon its evaluation of the 56 exemption applications, FMCSA
exempts the following drivers from the diabetes requirement in 49 CFR
391.41(b)(10), subject to the requirements cited above 949 CFR
391.64(b)):
Michael N. Bohn (MN)
Jonathan Bona (NJ)
Vincent M. Branch (VA)
Perry C. Bullis (PA)
Christopher J. Burkhart (MO)
James E. Cantrell, Jr. (AL)
Kristy S. R. Clark (VA)
Royce N. Cordova (WA)
Robert Curry (NY)
Bradley C. Dunlap (IL)
John C. Fisher III (PA)
Kenneth W. Foster (IN)
Andrew C. Frykholm (MA)
Lyle O. Gahler (MN)
John A. Gillingham (PA)
Ronald L. Glade (IL)
Brent C. Godshalk (IN)
Robert L. Gordon (IL)
Jeffrey R. Harnack (MN)
Daniel E. Harris (IL)
Elefterios Hatzigeorgalis (MD)
Drew J. Holtan (MN)
Randy S. Holz (IA)
Joseph C. House (AL)
Kenneth B. Huff (PA)
Henderson R. Hughes (NY)
Levi N. Hutchinson (PA)
Joseph T. Ingiosi (MI)
Michael J. Javenkoski (MN)
Katlin W. Johnson (LA)
Don L. Jorgensen (WY)
Steven T. Juhl (MN)
Christopher D. Lacasse, Sr. (MA)
Raymond S. Lucero (NM)
Richard M. Mackey (TX)
Kevin J. McGrath (MA)
Jerry W. Murphy (MS)
Christopher D. Murray (CA)
Robert D. Noe (IL)
Kyle W. Parker (CA)
Eric D. Roberts (MI)
Gary L. Roberts (CT)
Tommy A. Rollins (GA)
Janice M. Rowles (PA)
William B. Rupert, Jr. (PA)
Ahmed A. Saleh (MI)
Robert M. Schmitz (IA)
David C. Schultze (MN)
Brian R. Schwint (IA)
Dicky W. Shuttlesworth (TX)
Bryce J. Smith (UT)
David R. Sprenkel (PA)
Jeffrey R. Stevens (PA)
David W. Taggart (PA)
Artilla M. Thomas (IL)
William C. Tomlinson (GA)
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: October 10, 2014.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014-25134 Filed 10-21-14; 8:45 am]
BILLING CODE 4910-EX-P
