Qualification of Drivers; Exemption Applications; Diabetes, 5492-5493 [E7-1839]

Download as PDF 5492 Federal Register / Vol. 72, No. 24 / Tuesday, February 6, 2007 / Notices Issued on: January 30, 2007. Pamela M. Pelcovits, Office Director, Policy and Program Development. [FR Doc. E7–1835 Filed 2–5–07; 8:45 am] Background BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA–2006–26321] Qualification of Drivers; Exemption Applications; Diabetes Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. AGENCY: Diabetes Mellitus and Driving Experience of the Applicants SUMMARY: FMCSA announces its decision to exempt sixty-six 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 February 6, 2007. The exemptions expire on February 6, 2009. 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: sroberts on PROD1PC70 with NOTICES 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. VerDate Aug<31>2005 16:03 Feb 05, 2007 Jkt 211001 On December 13, 2006, FMCSA published a notice of receipt of Federal diabetes exemption applications from sixty-six individuals, and requested comments from the public (71 FR 74986). The public comment period closed on January 12, 2007 and no comments were received. FMCSA has evaluated the eligibility of the sixty-six 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). 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 sixty-six applicants have had ITDM over a range of 1 to 38 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, PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 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 December 13, 2006, Federal Register Notice (71 FR 74986). 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 E:\FR\FM\06FEN1.SGM 06FEN1 Federal Register / Vol. 72, No. 24 / Tuesday, February 6, 2007 / Notices Issued on: January 30, 2007. Pamela M. Pelcovits, Office Director, Policy Plans and Regulation. [FR Doc. E7–1839 Filed 2–5–07; 8:45 am] Federal, State, or local enforcement official. Discussion of Comments BILLING CODE 4910–EX–P Conclusion sroberts on PROD1PC70 with NOTICES FMCSA received no comments in this proceeding. DEPARTMENT OF TRANSPORTATION There were no comments to the docket, therefore, based upon its evaluation of the sixty-six exemption applications, FMCSA exempts, Louis T. Aceto, James D. Barton, Lawrence H. Behrens, Joel L. Bogenrief, Timothy W. Brogan, Eddy B. Brown, Kenneth E. Buck, Carolynda Cain, Roy B. Carter, Bradley D. Case, Jonathan M. Cleek, David D. Collart, Donald L. Cowan, Michael J. Drake, Thomas D. Dyke, Glenn D. Folkers, Anthony L. Gentry, Howard L. Gocke, James S. Goldman, Carol D. Hardin, Jerry Hardy, Michael T. Hartley, David A. Heider, John A. Helm, John A. Herbert, Lester H. Hughes, Gayle E. Jones, Gerald P. Kargus, Christopher A. Knott, Norman L. Krietemeyer, Jerome A. Krupka, James A. Kunkel, Mark W. Lavorini, Jeffrey C. Link, Londell W. Luther, Harry E. Marsh, Joseph C. McMasters, George R. McMullen, James B. Morris, Bradley S. Mowdy, James R. Murphy, Ronald W. Nelson, Vincent A. Palumbo, Kent E. Pelkey, Keith E. Peterson, Victor C. Port, Lee F. Powell, Allen W. Quon, Armand O. Rondeau, Carl J. Satariano, Randall W. Skaggs, Louis L. Sorenson, James L. Spencer, Ronald D. Stewart, Andy L. Strommenger, Richard J. Symonies, Sr., Douglas K. Thompson, Richard L. Thompson, James L. Tjon, Lowell T. Tucker, Shawn P. Wathley, John P. Westbay, John M. White, Jeffrey M. Wood, Christopher T. Worsley, and Fredrick J. Young 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. Federal Railroad Administration VerDate Aug<31>2005 16:03 Feb 05, 2007 Jkt 211001 Proposed Agency Information Collection Activities; Comment Request Federal Railroad Administration, DOT. ACTION: Notice. AGENCY: SUMMARY: In accordance with the Paperwork Reduction Act of 1995 and its implementing regulations, the Federal Railroad Administration (FRA) hereby announces that it is seeking approval of the following information collection activities. Before submitting these information collection requirements for clearance by the Office of Management and Budget (OMB), FRA is soliciting public comment on specific aspects of the activities identified below. Comments must be received no later than April 9, 2007. ADDRESSES: Submit written comments on any or all of the following proposed activities by mail to either: Mr. Robert Brogan, Office of Safety, Planning and Evaluation Division, RRS–21, Federal Railroad Administration, 1120 Vermont Ave., NW., Mail Stop 17, Washington, DC 20590, or Ms. Gina Christodoulou, Office of Support Systems Staff, RAD– 43, Federal Railroad Administration, 1120 Vermont Ave., NW., Mail Stop 35, Washington, DC 20590. Commenters requesting FRA to acknowledge receipt of their respective comments must include a self-addressed stamped postcard stating, ‘‘Comments on OMB control number 2130–New.’’ Alternatively, comments may be transmitted via facsimile to (202) 493– 6230 or (202) 493–6170, or E-mail to Mr. Brogan at robert.brogan@dot.gov, or to Ms. Christodoulou at gina.christodoulou@dot.gov. Please refer to the assigned OMB control number or collection title in any correspondence submitted. FRA will summarize comments received in response to this notice in a subsequent notice and include them in its information collection submission to OMB for approval. DATES: Mr. Robert Brogan, Office of Planning and Evaluation Division, RRS–21, Federal FOR FURTHER INFORMATION CONTACT: PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 5493 Railroad Administration, 1120 Vermont Ave., NW., Mail Stop 17, Washington, DC 20590 (telephone: (202) 493–6292) or Ms. Gina Christodoulou, Office of Support Systems Staff, RAD–43, Federal Railroad Administration, 1120 Vermont Ave., NW., Mail Stop 35, Washington, DC 20590 (telephone: (202) 493–6139). (These telephone numbers are not tollfree.) The Paperwork Reduction Act of 1995 (PRA), Pub. L. No. 104–13, § 2, 109 Stat. 163 (1995) (codified as revised at 44 U.S.C. §§ 3501–3520), and its implementing regulations, 5 CFR Part 1320, require Federal agencies to provide 60-days notice to the public for comment on information collection activities before seeking approval by OMB. 44 U.S.C. § 3506(c)(2)(A); 5 CFR §§ 1320.8(d)(1), 1320.10(e)(1), 1320.12(a). Specifically, FRA invites interested respondents to comment on the following summary of proposed information collection activities regarding (i) Whether the information collection activities are necessary for FRA to properly execute its functions, including whether the activities will have practical utility; (ii) the accuracy of FRA’s estimates of the burden of the information collection activities, including the validity of the methodology and assumptions used to determine the estimates; (iii) ways for FRA to enhance the quality, utility, and clarity of the information being collected; and (iv) ways for FRA to minimize the burden of information collection activities on the public by automated, electronic, mechanical, or other technological collection techniques or other forms of information technology (e.g., permitting electronic submission of responses). See 44 U.S.C. § 3506(c)(2)(A)(i)–(iv); 5 CFR 1320.8(d)(1)(i)–(iv). FRA believes that soliciting public comment will promote its efforts to reduce the administrative and paperwork burdens associated with the collection of information mandated by Federal regulations. In summary, FRA reasons that comments received will advance three objectives: (i) Reduce reporting burdens; (ii) ensure that it organizes information collection requirements in a ‘‘user friendly’’ format to improve the use of such information; and (iii) accurately assess the resources expended to retrieve and produce information requested. See 44 U.S.C. § 3501. Below is a brief summary of proposed new information collection activities that FRA will submit for clearance by OMB as required under the PRA: SUPPLEMENTARY INFORMATION: E:\FR\FM\06FEN1.SGM 06FEN1

Agencies

[Federal Register Volume 72, Number 24 (Tuesday, February 6, 2007)]
[Notices]
[Pages 5492-5493]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-1839]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2006-26321]


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 sixty-six 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 February 6, 2007. The exemptions 
expire on February 6, 2009.

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 December 13, 2006, FMCSA published a notice of receipt of 
Federal diabetes exemption applications from sixty-six individuals, and 
requested comments from the public (71 FR 74986). The public comment 
period closed on January 12, 2007 and no comments were received.
    FMCSA has evaluated the eligibility of the sixty-six 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 sixty-six applicants have had ITDM over a range of 1 to 38 
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 December 13, 2006, Federal 
Register Notice (71 FR 74986). 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

[[Page 5493]]

Federal, State, or local enforcement official.

Discussion of Comments

    FMCSA received no comments in this proceeding.

Conclusion

    There were no comments to the docket, therefore, based upon its 
evaluation of the sixty-six exemption applications, FMCSA exempts, 
Louis T. Aceto, James D. Barton, Lawrence H. Behrens, Joel L. 
Bogenrief, Timothy W. Brogan, Eddy B. Brown, Kenneth E. Buck, Carolynda 
Cain, Roy B. Carter, Bradley D. Case, Jonathan M. Cleek, David D. 
Collart, Donald L. Cowan, Michael J. Drake, Thomas D. Dyke, Glenn D. 
Folkers, Anthony L. Gentry, Howard L. Gocke, James S. Goldman, Carol D. 
Hardin, Jerry Hardy, Michael T. Hartley, David A. Heider, John A. Helm, 
John A. Herbert, Lester H. Hughes, Gayle E. Jones, Gerald P. Kargus, 
Christopher A. Knott, Norman L. Krietemeyer, Jerome A. Krupka, James A. 
Kunkel, Mark W. Lavorini, Jeffrey C. Link, Londell W. Luther, Harry E. 
Marsh, Joseph C. McMasters, George R. McMullen, James B. Morris, 
Bradley S. Mowdy, James R. Murphy, Ronald W. Nelson, Vincent A. 
Palumbo, Kent E. Pelkey, Keith E. Peterson, Victor C. Port, Lee F. 
Powell, Allen W. Quon, Armand O. Rondeau, Carl J. Satariano, Randall W. 
Skaggs, Louis L. Sorenson, James L. Spencer, Ronald D. Stewart, Andy L. 
Strommenger, Richard J. Symonies, Sr., Douglas K. Thompson, Richard L. 
Thompson, James L. Tjon, Lowell T. Tucker, Shawn P. Wathley, John P. 
Westbay, John M. White, Jeffrey M. Wood, Christopher T. Worsley, and 
Fredrick J. Young 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: January 30, 2007.
Pamela M. Pelcovits,
Office Director, Policy Plans and Regulation.
 [FR Doc. E7-1839 Filed 2-5-07; 8:45 am]
BILLING CODE 4910-EX-P