Qualification of Drivers; Exemption Applications; Diabetes Mellitus, 532-533 [2011-33777]

Download as PDF 532 Federal Register / Vol. 77, No. 3 / Thursday, January 5, 2012 / Notices Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations; E.O. 11593 Protection and Enhancement of Cultural Resources; E.O. 13007 Indian Sacred Sites; E.O. 13287 Preserve America; E.O. 13175 Consultation and Coordination with Indian Tribal Governments; E.O. 11514 Protection and Enhancement of Environmental Quality; E.O. 13112 Invasive Species. (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program.) Nothing in this notice creates a cause of action under these executive orders. Electronic Access Issued on: December 29, 2011. John McAvoy, FHWA Major Project Manager, Vancouver, WA. Lucy Garliauskas, Associate Administrator for Planning and Environment, Washington, DC. 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. [FR Doc. 2011–33784 Filed 1–4–12; 8:45 am] Background BILLING CODE 4910–57–P On November 16, 2011, FMCSA published a notice of receipt of Federal diabetes exemption applications from twenty individuals and requested comments from the public (76 FR 71112). The public comment period closed on December 16, 2011, and no comments were received. FMCSA has evaluated the eligibility of the twenty 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). Two individuals, Mr. Matthew J. Cipolloni (NJ) and Mr. Michael K. Schulist (MI) were both published in a notice of comments published on October 17, 2011 (76 FR 64165). They were both granted exemptions on December 19, 2011 but their names were inadvertently omitted from the Notice of Final Disposition published on that date (76 FR 78718) and they are now included in this notice. DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA–2011–0300] 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-two 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 5, 2012. The exemptions expire on January 5, 2014. FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical Programs 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: emcdonald on DSK5VPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 14:51 Jan 04, 2012 Jkt 226001 Diabetes Mellitus and Driving Experience of the Applicants The Agency established the current requirement 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 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 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-two 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 requirement at 49 CFR 391.41(b)(10). The qualifications and medical condition of each applicant were stated and discussed in detail in the November 16, 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 requirement 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 E:\FR\FM\05JAN1.SGM 05JAN1 Federal Register / Vol. 77, No. 3 / Thursday, January 5, 2012 / Notices 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 requirement in 49 CFR 391.41(b)(3) is likely to achieve a level of safety equal to that existing without the exemption. emcdonald on DSK5VPTVN1PROD with NOTICES 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. Conclusion Based upon its evaluation of the twenty-two exemption applications, FMCSA exempts, George T. Beard (VA), Gary L. Breitenbach (SC), Matthew J. Cipolloni (NJ), Matthew G. Denisov (NE), Marlin L. Enquist (SD), Steven W. Gerling (IA), Jackie D. Greenlee (MO), Justin W. Jackson (OK), Edward L. Keith (IL), David T. Kylander (MO), Eugene J. Nowicki (MI), Jonathan R. Oskin (PA), Kevin A. Perdue (MD), Michael E. Pleak (IN), Sarah M. Powell (NM), Michael K. Schulist (MI), Christopher C. Stephenson (KS), Richard F. VanPelt (NY), Michael A. Villareal (AZ), Richard L. White (MS), Jon W. Wood (MN) and Paul A. Wright (NY) from the ITDM requirement 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 VerDate Mar<15>2010 14:51 Jan 04, 2012 Jkt 226001 for two years unless revoked earlier by FMCSA. The exemption will be revoked if the following occurs: (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 22, 2011. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2011–33777 Filed 1–4–12; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2011–0367] Qualification of Drivers; Exemption Applications; Diabetes Mellitus Federal Motor Carrier Safety Administration (FMCSA). ACTION: Notice of applications for exemption from the diabetes mellitus requirement; request for comments. AGENCY: FMCSA announces receipt of applications from seventeen 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 6, 2012. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA– 2011–0367 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. SUMMARY: PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 533 • 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://www. regulations.gov, including any personal information provided. Please see the Privacy Act heading below for further information. Docket: For access to the docket to read background documents or comments, go to http://www. regulations.gov at any time 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. The Federal Docket Management System (FDMS) is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a self-addressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments on-line. Privacy Act: Anyone may search the electronic form of all comments received into any of our 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, etc.). You may review DOT’s Privacy Act Statement for the 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. FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical Programs Division, (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: Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the Federal Motor Carrier Safety Regulations for a 2-year period if it finds ‘‘such exemption would likely achieve a level of safety that is equivalent to or greater than the level that would be achieved absent such exemption.’’ The statute also allows the Agency to renew exemptions at the end of the 2-year period. The seventeen individuals listed in this notice have recently requested such an exemption from the diabetes prohibition in 49 CFR 391.41(b)(3) which applies to drivers of CMVs in E:\FR\FM\05JAN1.SGM 05JAN1

Agencies

[Federal Register Volume 77, Number 3 (Thursday, January 5, 2012)]
[Notices]
[Pages 532-533]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-33777]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2011-0300]


Qualification of Drivers; Exemption Applications; Diabetes 
Mellitus

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

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to exempt twenty-two 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 5, 2012. The exemptions 
expire on January 5, 2014.

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical 
Programs 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 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 16, 2011, FMCSA published a notice of receipt of 
Federal diabetes exemption applications from twenty individuals and 
requested comments from the public (76 FR 71112). The public comment 
period closed on December 16, 2011, and no comments were received.
    FMCSA has evaluated the eligibility of the twenty 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).
    Two individuals, Mr. Matthew J. Cipolloni (NJ) and Mr. Michael K. 
Schulist (MI) were both published in a notice of comments published on 
October 17, 2011 (76 FR 64165). They were both granted exemptions on 
December 19, 2011 but their names were inadvertently omitted from the 
Notice of Final Disposition published on that date (76 FR 78718) and 
they are now included in this notice.

Diabetes Mellitus and Driving Experience of the Applicants

    The Agency established the current requirement 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-two 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 requirement at 49 CFR 391.41(b)(10).
    The qualifications and medical condition of each applicant were 
stated and discussed in detail in the November 16, 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 requirement 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

[[Page 533]]

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 requirement 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-two exemption applications, 
FMCSA exempts, George T. Beard (VA), Gary L. Breitenbach (SC), Matthew 
J. Cipolloni (NJ), Matthew G. Denisov (NE), Marlin L. Enquist (SD), 
Steven W. Gerling (IA), Jackie D. Greenlee (MO), Justin W. Jackson 
(OK), Edward L. Keith (IL), David T. Kylander (MO), Eugene J. Nowicki 
(MI), Jonathan R. Oskin (PA), Kevin A. Perdue (MD), Michael E. Pleak 
(IN), Sarah M. Powell (NM), Michael K. Schulist (MI), Christopher C. 
Stephenson (KS), Richard F. VanPelt (NY), Michael A. Villareal (AZ), 
Richard L. White (MS), Jon W. Wood (MN) and Paul A. Wright (NY) from 
the ITDM requirement 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 the following occurs: (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 22, 2011.
 Larry W. Minor,
 Associate Administrator for Policy.
[FR Doc. 2011-33777 Filed 1-4-12; 8:45 am]
BILLING CODE 4910-EX-P