Qualification of Drivers; Exemption Applications; Diabetes Mellitus, 28684-28685 [2010-12188]

Download as PDF emcdonald on DSK2BSOYB1PROD with NOTICES 28684 Federal Register / Vol. 75, No. 98 / Friday, May 21, 2010 / Notices driving in congested urban areas exposes the driver to more pedestrian and vehicular traffic than exists on interstate highways. Faster reaction to traffic and traffic signals is generally required because distances between them are more compact. These conditions tax visual capacity and driver response just as intensely as interstate driving conditions. The veteran drivers in this proceeding have operated CMVs safely under those conditions for at least 3 years, most for much longer. Their experience and driving records lead us to believe that each applicant is capable of operating in interstate commerce as safely as he/she has been performing in intrastate commerce. Consequently, FMCSA finds that exempting these applicants from the vision standard in 49 CFR 391.41(b)(10) is likely to achieve a level of safety equal to that existing without the exemption. For this reason, the Agency is granting the exemptions for the 2-year period allowed by 49 U.S.C. 31136(e) and 31315 to the 19 applicants listed in the notice of March 26, 2010 (75 FR 14656). We recognize that the vision of an applicant may change and affect his/her ability to operate a CMV as safely as in the past. As a condition of the exemption, therefore, FMCSA will impose requirements on the 19 individuals consistent with the grandfathering provisions applied to drivers who participated in the Agency’s vision waiver program. Those requirements are found at 49 CFR 391.64(b) and include the following: (1) That each individual be physically examined every year (a) by an ophthalmologist or optometrist who attests that the vision in the better eye continues to meet the standard in 49 CFR 391.41(b)(10), and (b) by a medical examiner who attests that the individual is otherwise physically qualified under 49 CFR 391.41; (2) 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 (3) 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. VerDate Mar<15>2010 16:40 May 20, 2010 Jkt 220001 Conclusion Based upon its evaluation of the 19 exemption applications, FMCSA exempts, Dean R. Allen, Donald C. Butler, Alan R. Fontaine, Malcolm R. Heins, Mark Hill, Herbert C. Hirsch, Michael D. Kilgore, Joseph J. Kushak, Louis C. Lee, Jason T. Montoya, Doug L. Norman, Richard W. Pierce, Christopher A. Reineck, Carroll R. Rogers, Kevin L. Routin, Lane L. Savoie, Richard G. Schumacher, Scott E. Tussey and Todd V. Welch from the vision requirement in 49 CFR 391.41(b)(10), subject to the requirements cited above (49 CFR 391.64(b)). In accordance with 49 U.S.C. 31136(e) and 31315, each exemption will be valid for 2 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 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: May 12, 2010. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. 2010–12187 Filed 5–20–10; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA–2010–0051] Qualification of Drivers; Exemption Applications; Diabetes Mellitus AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. SUMMARY: FMCSA announces its decision to exempt twenty-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 May 21, 2010. The exemptions expire on May 21, 2012. FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical Programs, (202) 366–4001, PO 00000 Frm 00143 Fmt 4703 Sfmt 4703 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 19477, Apr. 11, 2000). This statement is also available at https://www.regulations.gov. Background On March 26, 2010, FMCSA published a Notice of receipt of Federal diabetes exemption applications from twenty-seven individuals and requested comments from the public (75 FR 14652). The public comment period closed on April 26, 2010 and no comments were received. FMCSA has evaluated the eligibility of the twenty-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)). E:\FR\FM\21MYN1.SGM 21MYN1 Federal Register / Vol. 75, No. 98 / Friday, May 21, 2010 / Notices 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 September 3, 2003 (68 FR 52441) Federal Register Notice in conjunction with the November 8, 2005 (70 FR 67777) Federal Register Notice provides the current protocol for allowing such drivers to operate CMVs in interstate commerce. These twenty-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 verified that the driver has demonstrated a willingness to properly monitor and manage his/her diabetes mellitus, received education related to diabetes management, and is on a stable insulin regimen. These drivers report no other disqualifying conditions, including diabetes-related complications. Each meets the vision standard at 49 CFR 391.41(b)(10). The qualifications and medical condition of each applicant were stated and discussed in detail in the March 26, 2010, Federal Register Notice therefore, they will not be repeated in this Notice. emcdonald on DSK2BSOYB1PROD 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 endocrinologists’ medical opinion related to the ability of the driver to safely operate a CMV while using insulin. Consequently, FMCSA finds that in each case exempting these applicants from the diabetes standard in 49 CFR 391.41(b)(3) is likely to achieve a level VerDate Mar<15>2010 16:40 May 20, 2010 Jkt 220001 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 it is related to an episode of hypoglycemia; (3) that each individual provide a copy of the ophthalmologist’s or optometrist’s report to the medical examiner at the time of the annual medical examination; and (4) that each individual provide a copy of the annual medical certification to the employer for retention in the driver’s qualification file, or keep a copy in his/her driver’s qualification file if he/she is selfemployed. The driver must also have a copy of the certification when driving, for presentation to a duly authorized Federal, State, or local enforcement official. Discussion of Comments FMCSA received no comments in this proceeding. Conclusion Based upon its evaluation of the twenty-seven exemption applications, FMCSA exempts, Jason H. Altenberger, Shawn P. Amaro, Berry Anderson, James R. Atkinson, Alladin J. Butler, Carlos V. Candelaria, James R. Crawford, Alan Curtis, Benny DeVizio, Jimmy W. Dotson, Arden A. Endrek, David B. Flaa, James W. Gordon, Eldon L. Janssen, Frank Katzbeck, James K. Libke, Joseph R. Marcelewski, Daniel R. McBride, John A. Mohr, William O. Ruiz, Harold D. Russman, Hector Sanchez, Robert L. Staats, Christopher Stargill, Kevin L. Upmann, Bob E. Vacek and Mathew G. Williams, 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 PO 00000 Frm 00144 Fmt 4703 Sfmt 4703 28685 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: May 13, 2010. Larry W. Minor, Associate Administrator for Policy and Program Development. [FR Doc. 2010–12188 Filed 5–20–10; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF THE TREASURY Office of Thrift Supervision [AC–39: OTS Nos. H–2944 and H–4701] Oritani Financial Corp., MHC, Township of Washington, NJ; Approval of Conversion Application Notice is hereby given that on May 10, 2010, the Office of Thrift Supervision approved the application of Oritani Financial Corp., MHC, and Oritani Bank, Township of Washington, New Jersey, to convert to the stock form of organization. Copies of the application are available for inspection by appointment (phone number: 202–906– 5922 or e-mail Public.Info@OTS.Treas.gov) at the Public Reading Room, 1700 G Street, NW., Washington, DC 20552, and the OTS Northeast Regional Office, Harborside Financial Center Plaza Five, Suite 1600, Jersey City, New Jersey 07311. Dated: May 17, 2010. By the Office of Thrift Supervision. Sandra E. Evans, Federal Register Liaison. [FR Doc. 2010–12117 Filed 5–20–10; 8:45 am] BILLING CODE 6720–01–M DEPARTMENT OF THE TREASURY Office of Thrift Supervision [AC–41: OTS Nos. 04983, H–3879, and H– 4714] Colonial Bankshares, MHC, Vineland, NJ; Approval of Conversion Application Notice is hereby given that on May 14, 2010, the Office of Thrift Supervision approved the application of Colonial Bankshares, MHC, and Colonial Bank, Vineland, New Jersey, to convert to the stock form of organization. Copies of the application are available for inspection E:\FR\FM\21MYN1.SGM 21MYN1

Agencies

[Federal Register Volume 75, Number 98 (Friday, May 21, 2010)]
[Notices]
[Pages 28684-28685]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-12188]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2010-0051]


Qualification of Drivers; Exemption Applications; Diabetes 
Mellitus

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

ACTION: Notice of final disposition.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces its decision to exempt twenty-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 May 21, 2010. The exemptions expire 
on May 21, 2012.

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 19477, Apr. 11, 2000). This statement is also 
available at https://www.regulations.gov.

Background

    On March 26, 2010, FMCSA published a Notice of receipt of Federal 
diabetes exemption applications from twenty-seven individuals and 
requested comments from the public (75 FR 14652). The public comment 
period closed on April 26, 2010 and no comments were received.
    FMCSA has evaluated the eligibility of the twenty-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)).

[[Page 28685]]

    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 September 3, 2003 (68 FR 52441) Federal 
Register Notice in conjunction with the November 8, 2005 (70 FR 67777) 
Federal Register Notice provides the current protocol for allowing such 
drivers to operate CMVs in interstate commerce.
    These twenty-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 verified 
that the driver has demonstrated a willingness to properly monitor and 
manage his/her diabetes mellitus, received education related to 
diabetes management, and is on a stable insulin regimen. These drivers 
report no other disqualifying conditions, including diabetes-related 
complications. Each meets the vision standard at 49 CFR 391.41(b)(10).
    The qualifications and medical condition of each applicant were 
stated and discussed in detail in the March 26, 2010, Federal Register 
Notice 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 endocrinologists' medical opinion related to the 
ability of the driver to safely operate a CMV while using insulin.
    Consequently, FMCSA finds that in each case exempting these 
applicants from the diabetes 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 it is 
related to an episode of hypoglycemia; (3) that each individual provide 
a copy of the ophthalmologist's or optometrist's report to the medical 
examiner at the time of the annual medical examination; and (4) that 
each individual provide a copy of the annual medical certification to 
the employer for retention in the driver's qualification file, or keep 
a copy in his/her driver's qualification file if he/she is self-
employed. The driver must also have a copy of the certification when 
driving, for presentation to a duly authorized Federal, State, or local 
enforcement official.

Discussion of Comments

    FMCSA received no comments in this proceeding.

Conclusion

    Based upon its evaluation of the twenty-seven exemption 
applications, FMCSA exempts, Jason H. Altenberger, Shawn P. Amaro, 
Berry Anderson, James R. Atkinson, Alladin J. Butler, Carlos V. 
Candelaria, James R. Crawford, Alan Curtis, Benny DeVizio, Jimmy W. 
Dotson, Arden A. Endrek, David B. Flaa, James W. Gordon, Eldon L. 
Janssen, Frank Katzbeck, James K. Libke, Joseph R. Marcelewski, Daniel 
R. McBride, John A. Mohr, William O. Ruiz, Harold D. Russman, Hector 
Sanchez, Robert L. Staats, Christopher Stargill, Kevin L. Upmann, Bob 
E. Vacek and Mathew G. Williams, 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: May 13, 2010.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-12188 Filed 5-20-10; 8:45 am]
BILLING CODE 4910-EX-P

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