Qualification of Drivers; Exemption Applications; Diabetes, 59332-59333 [E7-20651]

Download as PDF 59332 Federal Register / Vol. 72, No. 202 / Friday, October 19, 2007 / Notices welcome to do so by e-mail to Michael Dennis at DennisMJ@state.gov. Dated: October 12, 2007. David Stewart, Attorney-Adviser, Office of the Legal Advisor, Office of Private International Law, Department of State. [FR Doc. E7–20647 Filed 10–18–07; 8:45 am] BILLING CODE 4710–08–P DEPARTMENT OF STATE [Public Notice 5961] Department of State Performance Review Board Members (for Noncareer Senior Executive Employees) In accordance with section 4314(c)(4) of the Civil Service Reform Act of 1978 (Pub. L. 95–454), the Executive Resources Board of the Department of State has appointed the following individuals to the Department of State Performance Review Board (for Noncareer Senior Executive Employees): Carrie B. Cabelka, Under Secretary for Management, White House Liaison, Department of State; Brian F. Gunderson, Chief of Staff, Office of the Secretary, Department of State. Dated: October 9, 2007. Harry K. Thomas, Director General of the Foreign Service and Director of Human Resources, Department of State. [FR Doc. E7–20643 Filed 10–18–07; 8:45 am] BILLING CODE 4710–15–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Summary Notice No. PE–2007–37] Petitions for Exemption; Summary of Petitions Received Federal Aviation Administration (FAA), DOT. ACTION: Notice of petitions for exemption received. pwalker on PROD1PC71 with NOTICES AGENCY: SUMMARY: This notice contains a summary of certain petitions seeking relief from specified requirements of 14 CFR. The purpose of this notice is to improve the public’s awareness of, and participation in, this aspect of FAA’s regulatory activities. Neither publication of this notice nor the inclusion or omission of information in the summary is intended to affect the legal status of any petition or its final disposition. DATES: Comments on petitions received must identify the petition docket VerDate Aug<31>2005 16:46 Oct 18, 2007 Jkt 214001 number involved and must be received on or before November 8, 2007. ADDRESSES: You may send comments identified by Docket Number FAA– 2007–29191 using any of the following methods: • Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your comments electronically. • Mail: Send comments to the Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12–140, Washington, DC 20590. • Fax: Fax comments to the Docket Management Facility at 202–493–2251. • Hand Delivery: Bring comments to the Docket Management Facility in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • Docket: To read background documents or comments received, go to http://www.regulations.gov at any time or to the Docket Management Facility in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. Using the search function of our docket Web site, anyone can find and read the comments received into any of our dockets, including the name of the individual sending the comment (or signing the comment for an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477–78). FOR FURTHER INFORMATION CONTACT: Tyneka Thomas (202) 267–7626 or Frances Shaver (202) 267–9681, Office of Rulemaking, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591. This notice is published pursuant to 14 CFR 11.85. Issued in Washington, DC, on October 12, 2007. Eve Adams, Acting Director, Office of Rulemaking. Petitions for Exemption Docket No.: FAA–2007–29191. Petitioner: Marpat Aviation, LLC. Section of 14 CFR Affected: 14 CFR 141.39(b). PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 Description of Relief Sought: To allow Marpat Aviation to utilize their HU–1B, certificated in restricted category, for the purpose of conducting training under a part 141, appendix K, paragraph 7. [FR Doc. E7–20661 Filed 10–18–07; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA–2007–28536] Qualification of Drivers; Exemption Applications; Diabetes Federal Motor Carrier Safety Administration (FMCSA), DOT ACTION: Notice of final disposition. AGENCY: SUMMARY: FMCSA announces its decision to exempt seventeen 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 October 19, 2007. The exemptions expire on October 19, 2009. FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Chief, Physical Qualifications 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: 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., 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 E:\FR\FM\19OCN1.SGM 19OCN1 Federal Register / Vol. 72, No. 202 / Friday, October 19, 2007 / Notices complete Privacy Act Statement in the Federal Register (65 FR 19477, Apr. 11, 2000). This statement is also available at http://DocketInfo.dot.gov. pwalker on PROD1PC71 with NOTICES Background On August 31, 2007, FMCSA published a notice of receipt of Federal diabetes exemption applications from eighteen individuals, and requested comments from the public (72 FR 50443). The public comment period closed on October 1, 2007, and no comments were received. FMCSA has evaluated the eligibility of the eighteen applicants and determined that granting the exemptions to seventeen 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). FMCSA is awaiting additional medical information regarding Mr. Ronald C. Vertucci, Jr. from his physician prior to issuing a final decision on his exemption application. 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 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 eighteen applicants have had ITDM over a range of 1 to 37 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 VerDate Aug<31>2005 16:46 Oct 18, 2007 Jkt 214001 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. The qualifications and medical condition of each applicant were stated and discussed in detail in the August 31, 2007, Federal Register Notice (72 FR 50443). Therefore, they will not be repeated in this notice. 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 PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 59333 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. 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 eighteen exemption applications, FMCSA exempts, Stephen B. Atkinson, Thomas G. Blatchley, Jr., George T. Brawner, Anthony J. Clark, Jim E. Chester, Brian S. Fenley, Carroll D. Fetcher, James R. Hudson, Gaines E. Mathis, Thomas F. Meade, Jerry D. Schoolman, Michael Shuler, Kenneth G. Steinkamp, Mark T. Swanberg, Chad L. Udy, Jeffrey S. Volkman, and Kendall H. Wilson 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: October 15, 2007. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. E7–20651 Filed 10–18–07; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Saint Lawrence Seaway Development Corporation Advisory Board; Notice of Meeting Pursuant to Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92–463; 5 U.S.C. App. I), notice is hereby given of a meeting of the Advisory Board of the Saint Lawrence Seaway Development Corporation (SLSDC), to be held from 10 a.m. to E:\FR\FM\19OCN1.SGM 19OCN1

Agencies

[Federal Register Volume 72, Number 202 (Friday, October 19, 2007)]
[Notices]
[Pages 59332-59333]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-20651]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2007-28536]


Qualification of Drivers; Exemption Applications; Diabetes

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to exempt seventeen 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 October 19, 2007. The exemptions 
expire on October 19, 2009.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Chief, Physical 
Qualifications 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:

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., 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

[[Page 59333]]

complete Privacy Act Statement in the Federal Register (65 FR 19477, 
Apr. 11, 2000). This statement is also available at http://
DocketInfo.dot.gov.

Background

    On August 31, 2007, FMCSA published a notice of receipt of Federal 
diabetes exemption applications from eighteen individuals, and 
requested comments from the public (72 FR 50443). The public comment 
period closed on October 1, 2007, and no comments were received.
    FMCSA has evaluated the eligibility of the eighteen applicants and 
determined that granting the exemptions to seventeen 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).
    FMCSA is awaiting additional medical information regarding Mr. 
Ronald C. Vertucci, Jr. from his physician prior to issuing a final 
decision on his exemption application.

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 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 eighteen applicants have had ITDM over a range of 1 to 37 
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.
    The qualifications and medical condition of each applicant were 
stated and discussed in detail in the August 31, 2007, Federal Register 
Notice (72 FR 50443). Therefore, they will not be repeated in this 
notice.

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.

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 eighteen exemption applications, FMCSA exempts, 
Stephen B. Atkinson, Thomas G. Blatchley, Jr., George T. Brawner, 
Anthony J. Clark, Jim E. Chester, Brian S. Fenley, Carroll D. Fetcher, 
James R. Hudson, Gaines E. Mathis, Thomas F. Meade, Jerry D. Schoolman, 
Michael Shuler, Kenneth G. Steinkamp, Mark T. Swanberg, Chad L. Udy, 
Jeffrey S. Volkman, and Kendall H. Wilson 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: October 15, 2007.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E7-20651 Filed 10-18-07; 8:45 am]
BILLING CODE 4910-EX-P