Qualification of Drivers; Exemption Applications; Diabetes Mellitus, 61139-61140 [2011-25328]

Download as PDF Federal Register / Vol. 76, No. 191 / Monday, October 3, 2011 / Notices Docket: For access to the docket to read background documents or comments received, go to http:// www.regulations.gov at any time or to DOT Headquarters, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. Privacy Act: Anyone is able to search the electronic form for all comments received into any of our dockets by the name of the individual submitting the comment. You may review the U.S. Department of Transportation’s (DOT) complete Privacy Act Statement in the Federal Register published on January 17, 2008 (73 FR 3316), or you may visit http://edocket.access.gpo.gov/2008/pdf/ E8-785.pdf. FOR FURTHER INFORMATION CONTACT: Michael M. Johnsen, Environmental Protection Specialist, Analysis Division, Federal Motor Carrier Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590, (202) 366–4111. SUPPLEMENTARY INFORMATION: srobinson on DSK4SPTVN1PROD with NOTICES Background on the Pilot Project on the U.S.-Mexico Cross-Border Long-Haul Trucking Program The pilot program is part of FMCSA’s implementation of the North American Free Trade Agreement (NAFTA) crossborder long-haul trucking provisions. This pilot program would allow Mexicodomiciled motor carriers to operate throughout the United States for up to 3 years. U.S.-domiciled motor carriers would be granted reciprocal rights to operate in Mexico for the same period. Participating Mexican carriers and drivers would be required to comply with all applicable U.S. laws and regulations, including those concerned with motor carrier safety, customs, immigration, vehicle registration and taxation, and fuel taxation. The safety of the participating carriers would be tracked closely by FMCSA with input from the Motor Carrier Safety Advisory Committee, a Federal advisory committee. For further information regarding this pilot program, including additional background and comments, please see the Federal Register notice of the Pilot Program on NAFTA Long Haul Trucking Provisions in docket FMCSA– 2011–0097. Final Environmental Assessment In accordance with the National Environmental Policy Act of 1969 (NEPA) (section 102(2)(c)), as implemented by the Council on VerDate Mar<15>2010 16:42 Sep 30, 2011 Jkt 223001 Environment Quality regulations (40 CFR parts 1500–1508), FMCSA’s Order 5610.1, issued March 1, 2004 (69 FR 9680), and other applicable guidance and requirements, FMCSA prepared a DEA for the U.S.-Mexican cross-border long-haul trucking program. FMCSA analyzed the potential impacts to the environment that may result from implementing the pilot project. In the DEA, FMCSA evaluated environmental issues such as emissions from vehicles, air quality impacts, and other pertinent matters, and requested public comments. FMCSA received five comments to the DEA and responded to those comments in the FEA. Additionally, after reviewing those comments, FMCSA has concluded that the potential environmental impacts from the pilot program are not significant and do not warrant additional environmental analysis in the form of an Environmental Impact Statement. Accordingly, FMCSA is issuing a FONSI based on the conclusions in the FEA, which is also available in the docket. Issued on: September 27, 2011. Kenneth M. Leonard, Special Projects Officer, Office of Research and Information Technology, FMCSA. [FR Doc. 2011–25389 Filed 9–30–11; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA–2011–0192] 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 thirty-three 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 3, 2011. The exemptions expire on October 3, 2013. FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical Programs, (202) 366–4001, fmcsamedical@dot.gov, FMCSA, Room W64–224, Department of Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590– SUMMARY: PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 61139 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 August 4, 2011, FMCSA published a notice of receipt of Federal diabetes exemption applications from thirtythree individuals and requested comments from the public (76 FR 47291). The public comment period closed on September 6, 2011 and no comments were received. FMCSA has evaluated the eligibility of the thirty-three 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 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 E:\FR\FM\03OCN1.SGM 03OCN1 61140 Federal Register / Vol. 76, No. 191 / Monday, October 3, 2011 / Notices 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 thirty-three applicants have had ITDM over a range of 1 to 38 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 August 4, 2011, Federal Register notice and they will not be repeated in this notice. srobinson on DSK4SPTVN1PROD with NOTICES Discussion of Comment FMCSA did not receive any comments in this proceeding. 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 VerDate Mar<15>2010 16:42 Sep 30, 2011 Jkt 223001 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 report 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. Conclusion Based upon its evaluation of the thirty-three exemption applications, FMCSA exempts, Michael J. Alexander, Larry E. Baumgartner, Stanley R. Boots, Carl D. Braddock, Dean A. Chamberlin, Michael E. Conner, Edna R. Contreras, Craig E. Cusick, Ronald D. Fatka, Robert M. Fleming, David W. Hammons, Frank B. Hernandez, Jeffrey D. Horsey, Dale A. Iverson, John H. Krastel, Joshua L. Kroetch, Larry D. Lilley, Edward J. Linhart, Larry D. Matson, Michael L. O’Clair, David W. Payne, Matthew B. Rhodes, Jim B. Robertson, II, Donald M. Rush, Jr., Barry A. Sircy, Andre M. St. Pierre, John S. Starchevich, Michael B. Tortora, Gregory J. Vigil, Charlotte C. Watson, Wayne W. Wenzel, Shaun M. Wheeler and James J. Wolf, Jr. 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 00069 Fmt 4703 Sfmt 4703 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: September 26, 2011. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2011–25328 Filed 9–30–11; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2011–0194] 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 16 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. SUMMARY: Comments must be received on or before November 2, 2011. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA– 2011–0194 using any of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting comments. • Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12–140, Washington, DC 20590–0001. • Hand Delivery: West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • Fax: 1–202–493–2251. Instructions: Each submission must include the Agency name and the docket numbers for this notice. Note that all comments received will be posted without change to http:// DATES: E:\FR\FM\03OCN1.SGM 03OCN1

Agencies

[Federal Register Volume 76, Number 191 (Monday, October 3, 2011)]
[Notices]
[Pages 61139-61140]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-25328]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2011-0192]


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 thirty-three 
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 3, 2011. The exemptions 
expire on October 3, 2013.

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, 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 August 4, 2011, FMCSA published a notice of receipt of Federal 
diabetes exemption applications from thirty-three individuals and 
requested comments from the public (76 FR 47291). The public comment 
period closed on September 6, 2011 and no comments were received.
    FMCSA has evaluated the eligibility of the thirty-three 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 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

[[Page 61140]]

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 thirty-three applicants have had ITDM over a range of 1 to 38 
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 August 4, 2011, Federal Register 
notice and they will not be repeated in this notice.

Discussion of Comment

    FMCSA did not receive any comments in this proceeding.

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 report 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 thirty-three exemption 
applications, FMCSA exempts, Michael J. Alexander, Larry E. 
Baumgartner, Stanley R. Boots, Carl D. Braddock, Dean A. Chamberlin, 
Michael E. Conner, Edna R. Contreras, Craig E. Cusick, Ronald D. Fatka, 
Robert M. Fleming, David W. Hammons, Frank B. Hernandez, Jeffrey D. 
Horsey, Dale A. Iverson, John H. Krastel, Joshua L. Kroetch, Larry D. 
Lilley, Edward J. Linhart, Larry D. Matson, Michael L. O'Clair, David 
W. Payne, Matthew B. Rhodes, Jim B. Robertson, II, Donald M. Rush, Jr., 
Barry A. Sircy, Andre M. St. Pierre, John S. Starchevich, Michael B. 
Tortora, Gregory J. Vigil, Charlotte C. Watson, Wayne W. Wenzel, Shaun 
M. Wheeler and James J. Wolf, Jr. 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: September 26, 2011.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2011-25328 Filed 9-30-11; 8:45 am]
BILLING CODE 4910-EX-P