Qualification of Drivers; Exemption Applications; Diabetes, 45097-45098 [E6-12848]
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Federal Register / Vol. 71, No. 152 / Tuesday, August 8, 2006 / Notices
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[FMCSA Docket No. FMCSA–2005–24210]
Qualification of Drivers; Exemption
Applications; Diabetes
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
FMCSA announces its
decision to exempt forty-seven
individuals from its rule prohibiting
persons with insulin-treated diabetes
mellitus (ITDM) from operating
commercial motor vehicles (CMVs) in
interstate commerce. The exemptions
will enable these individuals to operate
CMVs in interstate commerce.
DATES: The exemptions are effective
August 8, 2006. The exemptions expire
on August 8, 2008.
FOR FURTHER INFORMATION CONTACT: Dr.
Mary D. Gunnels, Chief, Physical
Qualifications Division, (202) 366–4001,
maggi.gunnels@dot.gov, FMCSA,
Department of Transportation, 400
Seventh Street, SW., 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:
Electronic Access
You may see all the comments online
through the Document Management
System (DMS) at: https://dmses.dot.gov.
Docket: For access to the docket to
read background documents or
comments received, go to https://
dms.dot.gov and/or Room PL–401 on
the plaza level of the Nassif Building,
400 Seventh Street, SW., 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
complete Privacy Act Statement in the
Federal Register (65 FR 19477, Apr. 11,
2000). This statement is also available at
https://dms.dot.gov.
jlentini on PROD1PC65 with NOTICES
Background
On June 2, 2006, FMCSA published a
Notice of receipt of Federal diabetes
exemption applications from forty-seven
individuals, and requested comments
from the public (71 FR 32177). The
public comment period closed on July 3,
VerDate Aug<31>2005
20:06 Aug 07, 2006
Jkt 208001
2006. One comment was received, and
fully considered by FMCSA in reaching
the final decision to grant the
exemptions.
FMCSA has evaluated the eligibility
of the forty-seven 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
standard for diabetes in 1970 because
several risk studies indicated that
diabetic drivers 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 Insulin-Treated
Diabetes Mellitus (ITDM) to operate
CMVs is feasible. The 2003 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 forty-seven applicants have had
ITDM over a range of 1 to 33 years.
These applicants report no
hypoglycemic reaction that resulted in
loss of consciousness or seizure, that
required the assistance of another
person, or resulted in impaired
cognitive function without warning
symptoms in the past 5 years (with one
year of stability following any such
episode). In each case, an
endocrinologist has verified that the
driver has demonstrated willingness to
properly monitor and manage their
diabetes, 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
standard at 49 CFR 391.41(b)(10).
The qualifications and medical
condition of each applicant were stated
and discussed in detail in the June 2,
PO 00000
Frm 00104
Fmt 4703
Sfmt 4703
45097
2006, Federal Register Notice (71 FR
32177). Because there were no docket
comments on the specific merits or
qualifications of any applicant, we have
not repeated the individual profiles
here.
Basis for Exemption Determination
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption from
the diabetes standard 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 endocrinologist’s
medical opinion related to the ability of
the driver to safely operate a CMV while
using insulin.
Consequently, FMCSA finds that
exempting these applicants from the
diabetes standard in 49 CFR 391.41(b)(3)
is likely to achieve a level of safety
equal to that existing without the
exemption.
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 they are 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.
E:\FR\FM\08AUN1.SGM
08AUN1
45098
Federal Register / Vol. 71, No. 152 / Tuesday, August 8, 2006 / Notices
Discussion of Comments
FMCSA received one comment in this
proceeding. The comment is considered
and is discussed below.
One letter of recommendation was
received in favor of granting the Federal
diabetes exemption to one of the
applicants. It was concerning Arthur
Webber and it was written by W.J.
Williams, who is a manager of the oil
department at Meenan Oil in Upper
Darby, PA. He said that Mr. Webber is
one of his best oil delivery men and one
of the safest drivers.
jlentini on PROD1PC65 with NOTICES
Conclusion
After considering the comments to the
docket and based upon its evaluation of
the forty-seven exemption applications,
FMCSA exempts Charles A. Adams, Jr.,
Scott R. Anderson, Richard Bechtel,
Robert R. Chase, Dale J. Cleaver, Jeffrey
W. Cotner, Todd A. Dean, Dale R.
Gansz, Neal J. Gifford, Donald W.
Havourd, Sr., Peter D. Jacobs, David A.
Kelley, Jeffrey M. King, Milton A. Klise,
Jeffrey Knight, Edward V. Kruse, Lee P.
Lembke, Dominick T. Mastroni, Ronald
S. Mavilla, Derril W. Nunnally, Ronald
D. Olson, Robert L. Olson, Terrence V.
Parker, Robert L. Pflugler, Jr., William E.
Pruett, Jr., Ronald B. Purdum, William
C. Rasely, Jr., Maurice E. Ratliff, Sr.,
Duane C. Rieger, Gregory A. Rigg, Scott
L. Shreffler, Henry E. Sisler, Vernon L.
Small, Sandra L. Smith, John J. Steigauf,
Walter D. Stowman, Thomas C. Torbett,
Derrick Underhill, Sr., Paul M. Violette,
Antonino S. Vita, Henry B. WalkerWaltz, III, Arthur C. Webber, Scott A.
Wertz, Larry D. Williams, Danny R.
Wood, and Jeffrey E. Zaniewski from the
ITDM standard in 49 CFR 391.41(b)(3),
subject to the conditions listed under
‘‘Conditions and Requirements’’ above.
In accordance with 49 U.S.C. 31136(e)
and 31315 each exemption will be valid
for two years unless revoked earlier by
FMCSA. The exemption will be revoked
if: (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: July 31, 2006.
Rose A. McMurray,
Associate Administrator, Policy and Program
Development.
[FR Doc. E6–12848 Filed 8–7–06; 8:45 am]
BILLING CODE 4910–EX–P
VerDate Aug<31>2005
20:06 Aug 07, 2006
Jkt 208001
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Petition for Waiver of Compliance
In accordance with Part 211 of Title
49 Code of Federal Regulations (CFR),
notice is hereby given that the Federal
Railroad Administration (FRA) received
a request for a waiver of compliance
with certain requirements of its safety
standards. The individual petition is
described below, including the party
seeking relief, the regulatory provisions
involved, the nature of the relief being
requested, and the petitioner’s
arguments in favor of relief.
Capital Metropolitan Transportation
Authority
[Docket Number FRA–2006–25040]
Capital Metropolitan Transportation
Authority (CMTA), located in Austin,
TX, seeks a permanent waiver of
compliance from Title 49 of the CFR for
operation of a new planned Commuter
Rail Service (CRS), partially sharing
trackage with the Austin Area Terminal
Railroad (AUAR), a common carrier
freight railroad. The operation will
feature temporal separation of CRS and
AUAR operations. CMTA has selected a
light rail style, non-FRA compliant
Diesel-Multiple Unit (DMU), in order to
offer a ‘‘one-seat ride’’ operation on both
the shared and light rail-exclusive city
street running portions of the system.
See Statement of Agency Policy
Concerning Jurisdiction Over the Safety
of Railroad Passenger Operations and
Waivers Related to Shared Use of the
Tracks of the General Railroad System
by Light Rail and Conventional
Equipment, 65 FR 42529 (July 10, 2000);
see also Joint Statement of Agency
Policy Concerning Shared Use of the
Tracks of the General Railroad System
by Conventional Railroads and Light
Rail Transit Systems, 65 FR 42626 (July
10, 2000).
CMTA is constructing a 32-mile CRS,
(27 miles shared, 5 miles light railexclusive) linking the City of Leander,
TX, with downtown Austin, TX. CMTA
owns the railroad right-of-way, referred
to as the Central Sub-division of the
AUAR, between MP 55.19DT (Austin)
and MP 88.0 (Leander), and will utilize
temporal separation of freight and
passenger operations on this shared
trackage. AUAR provides freight service
to on-line customers, as well as
interchanges with Union Pacific (UPRR)
and BNSF Railway at MP 71.45.
Based on the foregoing, CMTA is
seeking waiver of compliance from the
provisions of the Federal Railroad
Locomotive Safety Standards, 49 CFR:
PO 00000
Frm 00105
Fmt 4703
Sfmt 4703
Part 219 Drug and Alcohol; Part 221
Rear End Marking Devices; Part 223
Safety Glazing Standards; Part 225
Accident and Incident Reporting; Part
229 Railroad Locomotive Safety
Standards; Part 231 Railroad Safety
Appliance Standards; Part 238
Passenger Equipment Safety Standards;
Part 239 Passenger Train Emergency
Preparedness; Part 240 Qualification
and Certification of Locomotive
Engineers.
Interested parties are invited to
participate in these proceedings by
submitting written views, data, or
comments. FRA does not anticipate
scheduling a public hearing in
connection with these proceedings since
the facts do not appear to warrant a
hearing. If any interested party desires
an opportunity for oral comment, they
should notify FRA, in writing, before
the end of the comment period and
specify the basis for their request.
All communication concerning these
proceedings should identify the
appropriate docket number (e.g., Waiver
Petition Docket Number FRA–2006–
25040) and must be submitted to the
Docket Clerk, DOT Docket Management
Facility, Room PL–401 (Plaza Level),
400 7th Street, SW., Washington, DC
20590. Communications received within
30 days of the date of this notice will
be considered by FRA before final
action is taken. Comments received after
that date will be considered as far as
practicable. All written communications
concerning these proceedings are
available for examination during regular
business hours (9 a.m.–5 p.m.) at the
above facility. All documents in the
public docket are also available for
inspection and copying on the Internet
at the docket facility’s Web site at https://
dms.dot.gov.
Issued in Washington, DC, on August 1,
2006.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety
Standards and Program Development.
[FR Doc. E6–12799 Filed 8–7–06; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Notice of Application for Approval of
Discontinuance or Modification of a
Railroad Signal System or Relief From
the Requirements of Title 49 Code of
Federal Regulations Part 236
Pursuant to Title 49 Code of Federal
Regulations (CFR) Part 235 and 49
U.S.C. 20502(a), the following railroads
have petitioned the Federal Railroad
E:\FR\FM\08AUN1.SGM
08AUN1
Agencies
[Federal Register Volume 71, Number 152 (Tuesday, August 8, 2006)]
[Notices]
[Pages 45097-45098]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-12848]
[[Page 45097]]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[FMCSA Docket No. FMCSA-2005-24210]
Qualification of Drivers; Exemption Applications; Diabetes
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to exempt forty-seven individuals
from its rule prohibiting persons with insulin-treated diabetes
mellitus (ITDM) from operating commercial motor vehicles (CMVs) in
interstate commerce. The exemptions will enable these individuals to
operate CMVs in interstate commerce.
DATES: The exemptions are effective August 8, 2006. The exemptions
expire on August 8, 2008.
FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Chief, Physical
Qualifications Division, (202) 366-4001, maggi.gunnels@dot.gov, FMCSA,
Department of Transportation, 400 Seventh Street, SW., Washington, DC
20590-0001. Office hours are from 8:30 a.m. to 5 p.m., Monday through
Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access
You may see all the comments online through the Document Management
System (DMS) at: https://dmses.dot.gov.
Docket: For access to the docket to read background documents or
comments received, go to https://dms.dot.gov and/or Room PL-401 on the
plaza level of the Nassif Building, 400 Seventh Street, SW.,
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 complete Privacy Act Statement in the
Federal Register (65 FR 19477, Apr. 11, 2000). This statement is also
available at https://dms.dot.gov.
Background
On June 2, 2006, FMCSA published a Notice of receipt of Federal
diabetes exemption applications from forty-seven individuals, and
requested comments from the public (71 FR 32177). The public comment
period closed on July 3, 2006. One comment was received, and fully
considered by FMCSA in reaching the final decision to grant the
exemptions.
FMCSA has evaluated the eligibility of the forty-seven 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 standard for diabetes in 1970
because several risk studies indicated that diabetic drivers 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 Insulin-
Treated Diabetes Mellitus (ITDM) to operate CMVs is feasible. The 2003
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 forty-seven applicants have had ITDM over a range of 1 to 33
years. These applicants report no hypoglycemic reaction that resulted
in loss of consciousness or seizure, that required the assistance of
another person, or resulted in impaired cognitive function without
warning symptoms in the past 5 years (with one year of stability
following any such episode). In each case, an endocrinologist has
verified that the driver has demonstrated willingness to properly
monitor and manage their diabetes, 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 standard at 49 CFR 391.41(b)(10).
The qualifications and medical condition of each applicant were
stated and discussed in detail in the June 2, 2006, Federal Register
Notice (71 FR 32177). Because there were no docket comments on the
specific merits or qualifications of any applicant, we have not
repeated the individual profiles here.
Basis for Exemption Determination
Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the diabetes standard 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 endocrinologist's medical opinion related to the
ability of the driver to safely operate a CMV while using insulin.
Consequently, FMCSA finds that exempting these applicants from the
diabetes standard in 49 CFR 391.41(b)(3) is likely to achieve a level
of safety equal to that existing without the exemption.
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 they are
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.
[[Page 45098]]
Discussion of Comments
FMCSA received one comment in this proceeding. The comment is
considered and is discussed below.
One letter of recommendation was received in favor of granting the
Federal diabetes exemption to one of the applicants. It was concerning
Arthur Webber and it was written by W.J. Williams, who is a manager of
the oil department at Meenan Oil in Upper Darby, PA. He said that Mr.
Webber is one of his best oil delivery men and one of the safest
drivers.
Conclusion
After considering the comments to the docket and based upon its
evaluation of the forty-seven exemption applications, FMCSA exempts
Charles A. Adams, Jr., Scott R. Anderson, Richard Bechtel, Robert R.
Chase, Dale J. Cleaver, Jeffrey W. Cotner, Todd A. Dean, Dale R. Gansz,
Neal J. Gifford, Donald W. Havourd, Sr., Peter D. Jacobs, David A.
Kelley, Jeffrey M. King, Milton A. Klise, Jeffrey Knight, Edward V.
Kruse, Lee P. Lembke, Dominick T. Mastroni, Ronald S. Mavilla, Derril
W. Nunnally, Ronald D. Olson, Robert L. Olson, Terrence V. Parker,
Robert L. Pflugler, Jr., William E. Pruett, Jr., Ronald B. Purdum,
William C. Rasely, Jr., Maurice E. Ratliff, Sr., Duane C. Rieger,
Gregory A. Rigg, Scott L. Shreffler, Henry E. Sisler, Vernon L. Small,
Sandra L. Smith, John J. Steigauf, Walter D. Stowman, Thomas C.
Torbett, Derrick Underhill, Sr., Paul M. Violette, Antonino S. Vita,
Henry B. Walker-Waltz, III, Arthur C. Webber, Scott A. Wertz, Larry D.
Williams, Danny R. Wood, and Jeffrey E. Zaniewski from the ITDM
standard in 49 CFR 391.41(b)(3), subject to the conditions listed under
``Conditions and Requirements'' above.
In accordance with 49 U.S.C. 31136(e) and 31315 each exemption will
be valid for two years unless revoked earlier by FMCSA. The exemption
will be revoked if: (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: July 31, 2006.
Rose A. McMurray,
Associate Administrator, Policy and Program Development.
[FR Doc. E6-12848 Filed 8-7-06; 8:45 am]
BILLING CODE 4910-EX-P