Qualification of Drivers; Exemption Applications; Diabetes, 43817-43818 [E8-17190]

Download as PDF Federal Register / Vol. 73, No. 145 / Monday, July 28, 2008 / Notices 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 the petition or its final disposition. Comments on this petition must identify the petition docket number involved and must be received on or before August 14, 2008. DATES: You may send comments identified by Docket Number FAA– 2008–0348, using any of the following methods: • Government-wide rulemaking Web site: Go to https://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. Privacy: We will post all comments we receive, without change, to https:// 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). Docket: To read background documents or comments received, go to https://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. ADDRESSES: jlentini on PROD1PC65 with NOTICES FOR FURTHER INFORMATION CONTACT: Kenna Sinclair (425) 227–1556, Transport Airplane Directorate, ANM– 113, Federal Aviation Administration, 1601 Lind Avenue, SE., Renton, WA 98055–4056, or Frances Shaver (202) 267–9681, Office of Rulemaking, ARM– 204, Federal Aviation Administration, 800 Independence Avenue, SW., VerDate Aug<31>2005 18:35 Jul 25, 2008 Jkt 214001 Washington, DC 20591. This notice is published pursuant to 14 CFR 11.85. Pamela Hamilton-Powell, Director, Office of Rulemaking. Petition for Exemption Docket No.: FAA–2008–0348. Petitioner: The Boeing Company. Section of 14 CFR Affected: Sections 25.785(d), 25.807(c)(1), 25.807(c)(5), 25.807(d)(1), 25.809(f)(1), 25.813(b), 25.857(e), and 25.1447(c)(1). Description of Relief Sought: The Boeing Company requests exemption from the airworthiness standards for transport category airplanes that would allow up to six (6) supernumeraries on a Boeing Model 747–8F airplane to access the main deck cargo compartment for all types of cargo operations, namely: (1) Cargo only, (2) live animals only, and (3) mixed cargo consisting of live animals and regular cargo. [FR Doc. E8–16983 Filed 7–24–08; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA–2008–0137] 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 fifty-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 July 28, 2008. The exemptions expire on July 28, 2010. FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical Programs, (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 PO 00000 Frm 00143 Fmt 4703 Sfmt 4703 43817 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 complete Privacy Act Statement in the Federal Register (65 FR 19476, Apr. 11, 2000). This statement is also available at https://Docketsinfo.dot.gov. Background On June 11, 2008, FMCSA published a notice announcing receipt of applications for exemption from the Federal diabetes standard from fifty-six individuals, and requested comments from the public (73 FR 33144). The public comment period closed on July 10, 2008, and no comments were received. FMCSA has evaluated the eligibility of the fifty-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 ITDM to operate CMVs is feasible. The 2003 E:\FR\FM\28JYN1.SGM 28JYN1 43818 Federal Register / Vol. 73, No. 145 / Monday, July 28, 2008 / Notices Notice (68 FR 52442) 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 fifty-six 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 that 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 his or her diabetes, received education related to diabetes management, and is on a stable insulin regimen. Each driver reported 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 11, 2008, Federal Register Notice (73 FR 33144). Therefore, they will not be repeated in this notice. jlentini on PROD1PC65 with NOTICES 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 submits to FMCSA a quarterly monitoring checklist completed by the treating endocrinologist as well as an annual checklist with a comprehensive medical VerDate Aug<31>2005 18:35 Jul 25, 2008 Jkt 214001 evaluation; (2) that each individual reports to FMCSA 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. Discussion of Comments FMCSA received no comments in this proceeding. Conclusion After considering the comments to the docket, and based upon its evaluation of the fifty-six exemption applications, FMCSA exempts, Timothy R. Abraham, Mark A. Arndt, David D. Canady, William M. Camp, Scott A. Cary, Eugene W. Clark, Jr., Jeffrey D. Crabtree, David C. Crawford, David W. Dawley, Adam F. Demeter, Henry D. Dyer, Stephen E. Foltz, Randall A. Ford, Larry A. Fritz, Clayton L. Funk, Bruce A. Gay, Jarret L. Gerber, Frederick G. Gillespie, Jose L. Gonzales, Kevin Gumbrell, Danny E. Helton, Robert G. Hemeon, Marcus L. Jackson, Richard S. Jackson, William J. Jackson, Alan L. Johnson, Nathan S. Kelley, Angela M. King, Scott M. Lowry, Ramon A. Mateo, Robert L. Mills, Jr., Richard Murphy, Edward F. Murray, Peter H. Palen, Jr., Travis L. Ploman, Nicholas W. Pomnitz, Thomas G. Riley, Jr., Melvin D. Robertson, Robert A. Roskamp, Brandon M. Ross, Ulysses A. Santiago, Jr., Jeremy S. Samiec, Patrick D. Schiller, Bruce D. Schmoyer, Joseph E. Sobiech, John J. Sorce, Donald J. Stabler, Ronald L. Stigall, Cory C. Struble, James L. Swedenburg, Jr., Lawrence M. Tanner, Robert D. Tarkington, Richard L. Thistle, Travis A. Udulutch, Joshua C. Webb, and Robert C. Whitney, 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 PO 00000 Frm 00144 Fmt 4703 Sfmt 4703 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 18, 2008. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. E8–17190 Filed 7–25–08; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–99–5578, FMCSA–99– 6156, FMCSA–99–6480, FMCSA–01–10578, FMCSA–01–11426, FMCSA–05–22727, FMCSA–05–23099, FMCSA–05–23238, FMCSA–06–23773, FMCSA–06–24015] Qualification of Drivers; Exemption Renewals; Vision Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. AGENCY: SUMMARY: FMCSA previously announced its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 24 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has reviewed the comment submitted in response to the previous announcement and concluded that granting these exemptions will provide a level of safety that will be equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers. Dr. Mary D. Gunnels, Director, Medical Programs, (202) 366–4001, fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200 New Jersey Avenue, SE., Room W64– 224, Washington, DC 20590–0001. Office hours are from 8:30 a.m. to 5 p.m. Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: E:\FR\FM\28JYN1.SGM 28JYN1

Agencies

[Federal Register Volume 73, Number 145 (Monday, July 28, 2008)]
[Notices]
[Pages 43817-43818]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-17190]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2008-0137]


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 fifty-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 July 28, 2008. The exemptions 
expire on July 28, 2010.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical 
Programs, (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: 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 complete Privacy Act Statement in the 
Federal Register (65 FR 19476, Apr. 11, 2000). This statement is also 
available at https://Docketsinfo.dot.gov.

Background

    On June 11, 2008, FMCSA published a notice announcing receipt of 
applications for exemption from the Federal diabetes standard from 
fifty-six individuals, and requested comments from the public (73 FR 
33144). The public comment period closed on July 10, 2008, and no 
comments were received.
    FMCSA has evaluated the eligibility of the fifty-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 ITDM to 
operate CMVs is feasible. The 2003

[[Page 43818]]

Notice (68 FR 52442) 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 fifty-six 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 that 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 his or her diabetes, received education related to 
diabetes management, and is on a stable insulin regimen. Each driver 
reported 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 11, 2008, Federal Register 
Notice (73 FR 33144). 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 submits to FMCSA 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 to FMCSA 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

    After considering the comments to the docket, and based upon its 
evaluation of the fifty-six exemption applications, FMCSA exempts, 
Timothy R. Abraham, Mark A. Arndt, David D. Canady, William M. Camp, 
Scott A. Cary, Eugene W. Clark, Jr., Jeffrey D. Crabtree, David C. 
Crawford, David W. Dawley, Adam F. Demeter, Henry D. Dyer, Stephen E. 
Foltz, Randall A. Ford, Larry A. Fritz, Clayton L. Funk, Bruce A. Gay, 
Jarret L. Gerber, Frederick G. Gillespie, Jose L. Gonzales, Kevin 
Gumbrell, Danny E. Helton, Robert G. Hemeon, Marcus L. Jackson, Richard 
S. Jackson, William J. Jackson, Alan L. Johnson, Nathan S. Kelley, 
Angela M. King, Scott M. Lowry, Ramon A. Mateo, Robert L. Mills, Jr., 
Richard Murphy, Edward F. Murray, Peter H. Palen, Jr., Travis L. 
Ploman, Nicholas W. Pomnitz, Thomas G. Riley, Jr., Melvin D. Robertson, 
Robert A. Roskamp, Brandon M. Ross, Ulysses A. Santiago, Jr., Jeremy S. 
Samiec, Patrick D. Schiller, Bruce D. Schmoyer, Joseph E. Sobiech, John 
J. Sorce, Donald J. Stabler, Ronald L. Stigall, Cory C. Struble, James 
L. Swedenburg, Jr., Lawrence M. Tanner, Robert D. Tarkington, Richard 
L. Thistle, Travis A. Udulutch, Joshua C. Webb, and Robert C. Whitney, 
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 18, 2008.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
 [FR Doc. E8-17190 Filed 7-25-08; 8:45 am]
BILLING CODE 4910-EX-P
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