Qualification of Drivers; Exemption Applications; Diabetes Mellitus, 1495-1496 [2011-247]

Download as PDF Federal Register / Vol. 76, No. 6 / Monday, January 10, 2011 / Notices Following an examination in 2010, his optometrist noted, ‘‘It is my medical opinion that Mr. Pointer has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Pointer reported that he has driven straight trucks for 5 years, accumulating 13,000 miles. He holds a Class A CDL from Colorado. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Steve A. Reece Mr. Reece, 48, has had a retinal detachment in his left eye due to an injury sustained in 1991. The best corrected visual acuity in his right eye is 20/20 and in his left eye, 20/200. Following an examination in 2010, his ophthalmologist noted, ‘‘I feel that his vision should be sufficient to perform the driving tasks he has been doing for the past 19 years.’’ Mr. Reece reported that he has driven straight trucks for 25 years, accumulating 200,000 miles and tractor-trailer combinations for 21 years accumulating 1 million miles. He holds a Class A CDL from Missouri. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. srobinson on DSKHWCL6B1PROD with NOTICES Thomas S. Roth Mr. Roth, 50, has had a prosthetic right eye since childhood. The visual acuity in his right eye is hand motion and in his left eye, 20/20. Following an examination in 2010, his optometrist noted, ‘‘In my medical opinion and the guidelines set by the State of Pennsylvania, Mr. Roth has sufficient vision to perform the drivers tasks required to operate a commercial vehicle.’’ Mr. Roth reported that he has driven straight trucks for 27 years, accumulating 405,000 miles and tractortrailer combinations for 24 years accumulating 120,000 miles. He holds a Class A CDL from Delaware. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Mark A. Steckmyer Mr. Steckmyer, 47, has had optic atrophy secondary to optic neuritis in his left eye since 1984. The visual acuity in his right eye is 20/20 and in his left eye, count- finger vision. Following an examination in 2010, his optometrist noted, ‘‘He has sufficient vision to perform driving tasks required to operate a commercial vehicle due to the stable and longstanding nature of his injury.’’ Mr. Steckmyer reported that he has driven straight trucks for 8 years, accumulating 70,200 miles. He holds a Class B CDL from Kentucky. His driving VerDate Mar<15>2010 18:19 Jan 07, 2011 Jkt 223001 record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. James M. Tennyson Mr. Tennyson, 60, has had Kerataconus and a failed corneal graft in his left eye since birth. The best corrected visual acuity in his right eye is 20/25 and in his left eye, hand motion. Following an examination in 2010, his ophthalmologist noted, ‘‘I feel in my professional opinion that with his visual acuity he will be able to operate a commercial vehicle.’’ Mr. Tennyson reported that he has driven straight trucks for 44 years, accumulating 528,000 miles. He holds a Class C operator’s license from Maryland. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Request for Comments In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests public comment from all interested persons on the exemption petitions described in this notice. The Agency will consider all comments received before the close of business February 9, 2011. Comments will be available for examination in the docket at the location listed under the ADDRESSES section of this notice. The Agency will file comments received after the comment closing date in the public docket, and will consider them to the extent practicable. In addition to late comments, FMCSA will also continue to file, in the public docket, relevant information that becomes available after the comment closing date. Interested persons should monitor the public docket for new material. Issued on: December 29, 2010. Larry W. Minor, Associate Administration, Office of Policy. [FR Doc. 2011–245 Filed 1–7–11; 8:45 am] BILLING CODE 4910–EX–P 1495 mellitus (ITDM) from operating commercial motor vehicles (CMVs) in interstate commerce. The exemptions will enable these individuals to operate CMVs in interstate commerce. The exemptions are effective January 10, 2011. The exemptions expire on January 10, 2013. DATES: 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. FOR FURTHER INFORMATION CONTACT: 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 Privacy Act Statement for the Federal Docket Management System (FDMS) published in the Federal Register on January 17, 2008 (73 FR 3316), or you may visit http://edocket.access.gpo.gov/ 2008/pdf/E8-785.pdf. Background DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA–2010–0355] Qualification of Drivers; Exemption Applications; Diabetes Mellitus Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. AGENCY: FMCSA announces its decision to exempt twenty-one individuals from its rule prohibiting persons with insulin-treated diabetes SUMMARY: PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 On November 15, 2010, FMCSA published a notice of receipt of Federal diabetes exemption applications from twenty-one individuals and requested comments from the public (75 FR 69734). The public comment period closed on December 15, 2010 and one comment was received. FMCSA has evaluated the eligibility of the twenty-one 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). E:\FR\FM\10JAN1.SGM 10JAN1 1496 Federal Register / Vol. 76, No. 6 / Monday, January 10, 2011 / Notices srobinson on DSKHWCL6B1PROD with NOTICES Diabetes Mellitus and Driving Experience of the Applicants The Agency established the current standard for diabetes in 1970 because several risk studies indicated that drivers with diabetes 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 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-one applicants have had ITDM over a range of 1 to 23 years. These applicants report no severe hypoglycemic reactions resulting in loss of consciousness or seizure, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning symptoms, in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the past 5 years. 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 November 15, 2010, Federal Register notice and they will not be repeated in this notice. V. Boltz and were in favor of granting a Federal diabetes exemption to this individual. 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. Discussion of Comments 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. FMCSA received one comment in this proceeding. The comment was considered and discussed below. The Pennsylvania Department of Transportation stated that it had reviewed the driving record for Robert Conclusion Based upon its evaluation of the twenty-one exemption applications, FMCSA exempts, Roger H. Allen, Thomas H. Baalmann, Jerry A. Barber, Robert V. Boltz, Hulie A. Brandvold, VerDate Mar<15>2010 18:19 Jan 07, 2011 Jkt 223001 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 Richard E. Crum, Marc A. Cunningham, Terry D. Cunningham, William S. Dawson, Dean A. Dalessandro, Albert H. Feldt, Christopher J. Grause, Shannon A. Griffin, Edward M. Houston, John R. MacDougall, Carlos E. Martinez, Matthew M. Rollins, Shawn G. Sherman, Mark W. Shuff, Steven M. Simpson and James H. Smith 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: December 29, 2010. Larry W. Minor, Associate Administrator, Office of Policy. [FR Doc. 2011–247 Filed 1–7–11; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2010–0427] Qualification of Drivers; Exemption Applications; Diabetes Mellitus Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of applications for exemption from the diabetes mellitus standard; request for comments. AGENCY: FMCSA announces receipt of applications from 15 individuals for exemption from the prohibition against persons with insulin-treated diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) in interstate commerce. If granted, the exemptions would enable these individuals with ITDM to operate CMVs in interstate commerce. DATES: Comments must be received on or before February 9, 2011. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA– 2010–0427 using any of the following methods: SUMMARY: E:\FR\FM\10JAN1.SGM 10JAN1

Agencies

[Federal Register Volume 76, Number 6 (Monday, January 10, 2011)]
[Notices]
[Pages 1495-1496]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-247]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2010-0355]


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-one 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 January 10, 2011. The exemptions 
expire on January 10, 2013.

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: 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 Privacy Act Statement for the Federal 
Docket Management System (FDMS) published in the Federal Register on 
January 17, 2008 (73 FR 3316), or you may visit http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

Background

    On November 15, 2010, FMCSA published a notice of receipt of 
Federal diabetes exemption applications from twenty-one individuals and 
requested comments from the public (75 FR 69734). The public comment 
period closed on December 15, 2010 and one comment was received.
    FMCSA has evaluated the eligibility of the twenty-one 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).

[[Page 1496]]

Diabetes Mellitus and Driving Experience of the Applicants

    The Agency established the current standard for diabetes in 1970 
because several risk studies indicated that drivers with diabetes 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 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-one applicants have had ITDM over a range of 1 to 23 
years. These applicants report no severe hypoglycemic reactions 
resulting in loss of consciousness or seizure, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning symptoms, in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the past 5 years. 
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 November 15, 2010, Federal 
Register notice and they will not be repeated in this notice.

Discussion of Comments

    FMCSA received one comment in this proceeding. The comment was 
considered and discussed below.
    The Pennsylvania Department of Transportation stated that it had 
reviewed the driving record for Robert V. Boltz and were in favor of 
granting a Federal diabetes exemption to this individual.

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.

Conclusion

    Based upon its evaluation of the twenty-one exemption applications, 
FMCSA exempts, Roger H. Allen, Thomas H. Baalmann, Jerry A. Barber, 
Robert V. Boltz, Hulie A. Brandvold, Richard E. Crum, Marc A. 
Cunningham, Terry D. Cunningham, William S. Dawson, Dean A. 
Dalessandro, Albert H. Feldt, Christopher J. Grause, Shannon A. 
Griffin, Edward M. Houston, John R. MacDougall, Carlos E. Martinez, 
Matthew M. Rollins, Shawn G. Sherman, Mark W. Shuff, Steven M. Simpson 
and James H. Smith 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: December 29, 2010.
Larry W. Minor,
Associate Administrator, Office of Policy.
[FR Doc. 2011-247 Filed 1-7-11; 8:45 am]
BILLING CODE 4910-EX-P