Qualification of Drivers; Exemption Applications; Diabetes Mellitus, 5870-5873 [2012-2503]

Download as PDF 5870 Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Notices 150B + 9 hours for Form MCS–150C = 93,792 hours]. Public Comments Invited: You are asked to comment on any aspect of this information collection request, including: (1) Whether the proposed collection is necessary for the performance of FMCSA’s functions; (2) the accuracy of the estimated burden; (3) ways for FMCSA to enhance the quality, usefulness, and clarity of the collected information; and (4) ways that the burden could be minimized without reducing the quality of the collected information. The agency will summarize or include your comments in the request for OMB’s clearance of this information collection request. Issued on: January 25, 2012. Kelly Leone, Associate Administrator for Research and Information Technology. [FR Doc. 2012–2507 Filed 2–3–12; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2011–0381] 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 nineteen 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 March 7, 2012. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA– 2011–0381 using any of the following methods: • Federal eRulemaking Portal: Go to https://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 mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 17:27 Feb 03, 2012 Jkt 226001 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 https:// 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 https:// 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 selfaddressed, 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 https://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 PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 period. The nineteen 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 interstate commerce. Accordingly, the Agency will evaluate the qualifications of each applicant to determine whether granting the exemption will achieve the required level of safety mandated by the statutes. Qualifications of Applicants Roger L. Arcand, Jr. Mr. Arcand, 48, has had ITDM since 2007. His endocrinologist examined him in 2011 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Arcand understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Arcand meets the vision requirements of 49 CFR 391.41(b)(10). His optometrist examined him in 2011 and certified that he does not have diabetic retinopathy. He holds a Class 10 operator’s license from Rhode Island. Marsha M. Colberg Ms. Colberg, 61, has had ITDM since 2010. Her endocrinologist examined her in 2011 and certified that she has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. Her endocrinologist certifies that Ms. Colberg that she understands diabetes management and monitoring, has stable control of her diabetes using insulin, and is able to drive a CMV safely. Ms. Colberg meets the vision requirements of 49 CFR 391.41(b)(10). Her optometrist examined her in 2011 and certified that she does not have diabetic retinopathy. She holds a Class A CDL from Washington. Robert D. Crissinger Mr. Crissinger, 60, has had ITDM since 2010. His endocrinologist examined him in 2011 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in E:\FR\FM\06FEN1.SGM 06FEN1 Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Notices resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Gregory understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Gregory meets the vision requirements of 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2011 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Utah. Scott W. Forsyth, Jr. Mr. Forsyth, 28, has had ITDM since 2011. His endocrinologist examined him in 2011 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Forsyth understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Forsyth meets the vision requirements of 49 CFR 391.41(b)(10). His optometrist examined him in 2011 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Colorado. mstockstill on DSK4VPTVN1PROD with NOTICES impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Crissinger understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Crissinger meets the vision requirements of 49 CFR 391.41(b)(10). His optometrist examined him in 2011 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Minnesota. Gordon R. Kellogg Mr. Kellogg, 53, has had ITDM since 2009. His endocrinologist examined him in 2011 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Kellogg understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Kellogg meets the vision requirements of 49 CFR 391.41(b)(10). His optometrist examined him in 2011 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from New York. Jose A. Garcia Mr. Garcia, 51, has had ITDM since 2008. His endocrinologist examined him in 2011 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Garcia understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Garcia meets the vision requirements of 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2011 and certified that he does not have diabetic retinopathy. He holds a Class D operator’s license from New York. Fritz D. Gregory Mr. Gregory, 55, has had ITDM since 2009. His endocrinologist examined him in 2011 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or Anthony P. Kesselring Mr. Kesselring, 48, has had ITDM since 2011. His endocrinologist examined him in 2011 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Kesselring understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Kesselring meets the vision requirements of 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2011 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Florida. Don R. Kivi Mr. Kivi, 53, has had ITDM since 2010. His endocrinologist examined him in 2011 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the VerDate Mar<15>2010 17:27 Feb 03, 2012 Jkt 226001 PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 5871 assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Kivi understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Kivi meets the vision requirements of 49 CFR 391.41(b)(10). His optometrist examined him in 2011 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from North Dakota. Vincent Ligotti Mr. Ligotti, 42, has had ITDM since 1975. His endocrinologist examined him in 2011 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Ligotti understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Ligotti meets the vision requirements of 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2011 and certified that he does not have diabetic retinopathy. He holds a Class D operator’s license from New York. Larry D. Miller Mr. Miller, 60, has had ITDM since 2009. His endocrinologist examined him in 2011 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Miller understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Miller meets the vision requirements of 49 CFR 391.41(b)(10). His optometrist examined him in 2011 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Minnesota. Michael R. Miller Mr. Miller, 36, has had ITDM since 1983. His endocrinologist examined him in 2011 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the E:\FR\FM\06FEN1.SGM 06FEN1 5872 Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Notices in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Rearick understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Rearick meets the vision requirements of 49 CFR 391.41(b)(10). His optometrist examined him in 2011 and certified that he does not have diabetic retinopathy. He holds a Class C operator’s license from Pennsylvania. Jack L. Phippen Mr. Phippen, 54, has had ITDM since 2011. His endocrinologist examined him in 2011 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Phippen understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Phippen meets the vision requirements of 49 CFR 391.41(b)(10). His optometrist examined him in 2011 and certified that he does not have diabetic retinopathy. He holds a Class D operator’s license from Wisconsin. mstockstill on DSK4VPTVN1PROD with NOTICES assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Miller understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Miller meets the vision requirements of 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2011 and certified that he has stable nonproliferative diabetic retinopathy. He holds a Class A CDL from Pennsylvania. Jeremy Simmons Mr. Simmons, 27, has had ITDM since 2002. His endocrinologist examined him in 2011 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Simmons understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Simmons meets the vision requirements of 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2011 and certified that he does not have diabetic retinopathy. He holds a Class D operator’s license from Massachusetts. Richard A. Purk Mr. Purk, 25, has had ITDM since 2005. His endocrinologist examined him in 2011 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Purk understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Purk meets the vision requirements of 49 CFR 391.41(b)(10). His optometrist examined him in 2011 and certified that he does not have diabetic retinopathy. He holds a Class C Operator’s license from California. Jack A. Tidey Mr. Tidey, 37, has had ITDM since 1999. His endocrinologist examined him in 2011 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Tidey understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Tidey meets the vision requirements of 49 CFR 391.41(b)(10). His optometrist examined him in 2011 and certified that he does not have diabetic retinopathy. He holds a Class D operator’s license from Arkansas. Timothy M. Rearick Mr. Rearick, 31, has had ITDM since 1991. His endocrinologist examined him in 2011 and certified that he has had no severe hypoglycemic reactions resulting Brian E. Quick Mr. Quick, 33, has had ITDM since 1979. His endocrinologist examined him in 2011 and certified that he has had no severe hypoglycemic reactions resulting VerDate Mar<15>2010 17:27 Feb 03, 2012 Jkt 226001 PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Quick understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Quick meets the vision requirements of 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2011 and certified that he has stable nonproliferative diabetic retinopathy. He holds a Class M operator’s license from Virginia. Timothy W. Work Mr. Work, 48, has had ITDM since 2010. His endocrinologist examined him in 2011 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. His endocrinologist certifies that Mr. Work understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Work meets the vision requirements of 49 CFR 391.41(b)(10). His optometrist examined him in 2011 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from New York. 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. We will consider all comments received before the close of business on the closing date indicated in the date section of the notice. FMCSA notes that section 4129 of the Safe, Accountable, Flexible and Efficient Transportation Equity Act: A Legacy for Users requires the Secretary to revise its diabetes exemption program established on September 3, 2003 (68 FR 52441).1 The revision must provide for individual assessment of drivers with diabetes mellitus, and be consistent with the criteria described in section 4018 of the Transportation Equity Act for the 21st Century (49 U.S.C. 31305). 1 Section 4129(a) refers to the 2003 notice as a ‘‘final rule.’’ However, the 2003 notice did not issue a ‘‘final rule’’ but did establish the procedures and standards for issuing exemptions for drivers with ITDM. E:\FR\FM\06FEN1.SGM 06FEN1 Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Notices Section 4129 requires: (1) Elimination of the requirement for 3 years of experience operating CMVs while being treated with insulin; and (2) establishment of a specified minimum period of insulin use to demonstrate stable control of diabetes before being allowed to operate a CMV. In response to section 4129, FMCSA made immediate revisions to the diabetes exemption program established by the September 3, 2003 notice. FMCSA discontinued use of the 3-year driving experience and fulfilled the requirements of section 4129 while continuing to ensure that operation of CMVs by drivers with ITDM will achieve the requisite level of safety required of all exemptions granted under 49 U.S.C. 31136 (e). Section 4129(d) also directed FMCSA to ensure that drivers of CMVs with ITDM are not held to a higher standard than other drivers, with the exception of limited operating, monitoring and medical requirements that are deemed medically necessary. The FMCSA concluded that all of the operating, monitoring and medical requirements set out in the September 3, 2003 notice, except as modified, were in compliance with section 4129(d). Therefore, all of the requirements set out in the September 3, 2003 notice, except as modified by the notice in the Federal Register on November 8, 2005 (70 FR 67777), remain in effect. Issued on: January 26, 2012. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2012–2503 Filed 2–3–12; 8:45 am] BILLING CODE P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA–2011–0326] 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 fifteen 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 February 6, 2012. The exemptions expire on February 6, 2014. mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 20:17 Feb 03, 2012 Jkt 226001 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: 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 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 https://edocket.access.gpo.gov/ 2008/pdf/E8-785.pdf. Background On December 19, 2011, FMCSA published a notice of receipt of Federal diabetes exemption applications from fifteen individuals and requested comments from the public (76 FR 78725). The public comment period closed on January 18, 2012, and no comments were received. FMCSA has evaluated the eligibility of the fifteen 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 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 00119 Fmt 4703 Sfmt 4703 5873 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 fifteen applicants have had ITDM over a range of 1 to 29 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 December 19, 2011, Federal Register notice and they will not be repeated in this notice. Discussion of Comment FMCSA received one comment in this proceeding. The comment was considered and discussed below. The Pennsylvania Department of Transportation stated that it has reviewed the driving records for Frank H. Ford, Jr. and is in favor of granting him a Federal diabetes exemption. 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 E:\FR\FM\06FEN1.SGM 06FEN1

Agencies

[Federal Register Volume 77, Number 24 (Monday, February 6, 2012)]
[Notices]
[Pages 5870-5873]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-2503]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0381]


Qualification of Drivers; Exemption Applications; Diabetes 
Mellitus

AGENCY: Federal Motor Carrier Safety Administration (FMCSA).

ACTION: Notice of applications for exemption from the diabetes mellitus 
requirement; request for comments.

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

SUMMARY: FMCSA announces receipt of applications from nineteen 
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 March 7, 2012.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2011-0381 using any of the 
following methods:
     Federal eRulemaking Portal: Go to https://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 https://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 https://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 
https://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 nineteen 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 interstate commerce. Accordingly, the Agency will 
evaluate the qualifications of each applicant to determine whether 
granting the exemption will achieve the required level of safety 
mandated by the statutes.

Qualifications of Applicants

Roger L. Arcand, Jr.

    Mr. Arcand, 48, has had ITDM since 2007. His endocrinologist 
examined him in 2011 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Arcand understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Arcand meets the vision 
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in 
2011 and certified that he does not have diabetic retinopathy. He holds 
a Class 10 operator's license from Rhode Island.

Marsha M. Colberg

    Ms. Colberg, 61, has had ITDM since 2010. Her endocrinologist 
examined her in 2011 and certified that she has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
Her endocrinologist certifies that Ms. Colberg that she understands 
diabetes management and monitoring, has stable control of her diabetes 
using insulin, and is able to drive a CMV safely. Ms. Colberg meets the 
vision requirements of 49 CFR 391.41(b)(10). Her optometrist examined 
her in 2011 and certified that she does not have diabetic retinopathy. 
She holds a Class A CDL from Washington.

Robert D. Crissinger

    Mr. Crissinger, 60, has had ITDM since 2010. His endocrinologist 
examined him in 2011 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in

[[Page 5871]]

impaired cognitive function that occurred without warning in the past 
12 months and no recurrent (2 or more) severe hypoglycemic episodes in 
the last 5 years. His endocrinologist certifies that Mr. Crissinger 
understands diabetes management and monitoring, has stable control of 
his diabetes using insulin, and is able to drive a CMV safely. Mr. 
Crissinger meets the vision requirements of 49 CFR 391.41(b)(10). His 
optometrist examined him in 2011 and certified that he does not have 
diabetic retinopathy. He holds a Class A CDL from Minnesota.

Scott W. Forsyth, Jr.

    Mr. Forsyth, 28, has had ITDM since 2011. His endocrinologist 
examined him in 2011 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Forsyth understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Forsyth meets the 
vision requirements of 49 CFR 391.41(b)(10). His optometrist examined 
him in 2011 and certified that he does not have diabetic retinopathy. 
He holds a Class A CDL from Colorado.

Jose A. Garcia

    Mr. Garcia, 51, has had ITDM since 2008. His endocrinologist 
examined him in 2011 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Garcia understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Garcia meets the vision 
requirements of 49 CFR 391.41(b)(10). His ophthalmologist examined him 
in 2011 and certified that he does not have diabetic retinopathy. He 
holds a Class D operator's license from New York.

Fritz D. Gregory

    Mr. Gregory, 55, has had ITDM since 2009. His endocrinologist 
examined him in 2011 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Gregory understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Gregory meets the 
vision requirements of 49 CFR 391.41(b)(10). His ophthalmologist 
examined him in 2011 and certified that he does not have diabetic 
retinopathy. He holds a Class A CDL from Utah.

Gordon R. Kellogg

    Mr. Kellogg, 53, has had ITDM since 2009. His endocrinologist 
examined him in 2011 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Kellogg understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Kellogg meets the 
vision requirements of 49 CFR 391.41(b)(10). His optometrist examined 
him in 2011 and certified that he does not have diabetic retinopathy. 
He holds a Class A CDL from New York.

Anthony P. Kesselring

    Mr. Kesselring, 48, has had ITDM since 2011. His endocrinologist 
examined him in 2011 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Kesselring understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Kesselring meets the 
vision requirements of 49 CFR 391.41(b)(10). His ophthalmologist 
examined him in 2011 and certified that he does not have diabetic 
retinopathy. He holds a Class A CDL from Florida.

Don R. Kivi

    Mr. Kivi, 53, has had ITDM since 2010. His endocrinologist examined 
him in 2011 and certified that he has had no severe hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 12 months and no recurrent (2 or 
more) severe hypoglycemic episodes in the last 5 years. His 
endocrinologist certifies that Mr. Kivi understands diabetes management 
and monitoring, has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. Kivi meets the vision requirements 
of 49 CFR 391.41(b)(10). His optometrist examined him in 2011 and 
certified that he does not have diabetic retinopathy. He holds a Class 
A CDL from North Dakota.

Vincent Ligotti

    Mr. Ligotti, 42, has had ITDM since 1975. His endocrinologist 
examined him in 2011 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Ligotti understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Ligotti meets the 
vision requirements of 49 CFR 391.41(b)(10). His ophthalmologist 
examined him in 2011 and certified that he does not have diabetic 
retinopathy. He holds a Class D operator's license from New York.

Larry D. Miller

    Mr. Miller, 60, has had ITDM since 2009. His endocrinologist 
examined him in 2011 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Miller understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Miller meets the vision 
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in 
2011 and certified that he does not have diabetic retinopathy. He holds 
a Class A CDL from Minnesota.

Michael R. Miller

    Mr. Miller, 36, has had ITDM since 1983. His endocrinologist 
examined him in 2011 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the

[[Page 5872]]

assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Miller understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Miller meets the vision 
requirements of 49 CFR 391.41(b)(10). His ophthalmologist examined him 
in 2011 and certified that he has stable nonproliferative diabetic 
retinopathy. He holds a Class A CDL from Pennsylvania.

Jack L. Phippen

    Mr. Phippen, 54, has had ITDM since 2011. His endocrinologist 
examined him in 2011 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Phippen understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Phippen meets the 
vision requirements of 49 CFR 391.41(b)(10). His optometrist examined 
him in 2011 and certified that he does not have diabetic retinopathy. 
He holds a Class D operator's license from Wisconsin.

Richard A. Purk

    Mr. Purk, 25, has had ITDM since 2005. His endocrinologist examined 
him in 2011 and certified that he has had no severe hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 12 months and no recurrent (2 or 
more) severe hypoglycemic episodes in the last 5 years. His 
endocrinologist certifies that Mr. Purk understands diabetes management 
and monitoring, has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. Purk meets the vision requirements 
of 49 CFR 391.41(b)(10). His optometrist examined him in 2011 and 
certified that he does not have diabetic retinopathy. He holds a Class 
C Operator's license from California.

Timothy M. Rearick

    Mr. Rearick, 31, has had ITDM since 1991. His endocrinologist 
examined him in 2011 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Rearick understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Rearick meets the 
vision requirements of 49 CFR 391.41(b)(10). His optometrist examined 
him in 2011 and certified that he does not have diabetic retinopathy. 
He holds a Class C operator's license from Pennsylvania.

Jeremy Simmons

    Mr. Simmons, 27, has had ITDM since 2002. His endocrinologist 
examined him in 2011 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Simmons understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Simmons meets the 
vision requirements of 49 CFR 391.41(b)(10). His ophthalmologist 
examined him in 2011 and certified that he does not have diabetic 
retinopathy. He holds a Class D operator's license from Massachusetts.

Jack A. Tidey

    Mr. Tidey, 37, has had ITDM since 1999. His endocrinologist 
examined him in 2011 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Tidey understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Tidey meets the vision 
requirements of 49 CFR 391.41(b)(10). His optometrist examined him in 
2011 and certified that he does not have diabetic retinopathy. He holds 
a Class D operator's license from Arkansas.

Brian E. Quick

    Mr. Quick, 33, has had ITDM since 1979. His endocrinologist 
examined him in 2011 and certified that he has had no severe 
hypoglycemic reactions resulting in loss of consciousness, requiring 
the assistance of another person, or resulting in impaired cognitive 
function that occurred without warning in the past 12 months and no 
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years. 
His endocrinologist certifies that Mr. Quick understands diabetes 
management and monitoring, has stable control of his diabetes using 
insulin, and is able to drive a CMV safely. Mr. Quick meets the vision 
requirements of 49 CFR 391.41(b)(10). His ophthalmologist examined him 
in 2011 and certified that he has stable nonproliferative diabetic 
retinopathy. He holds a Class M operator's license from Virginia.

Timothy W. Work

    Mr. Work, 48, has had ITDM since 2010. His endocrinologist examined 
him in 2011 and certified that he has had no severe hypoglycemic 
reactions resulting in loss of consciousness, requiring the assistance 
of another person, or resulting in impaired cognitive function that 
occurred without warning in the past 12 months and no recurrent (2 or 
more) severe hypoglycemic episodes in the last 5 years. His 
endocrinologist certifies that Mr. Work understands diabetes management 
and monitoring, has stable control of his diabetes using insulin, and 
is able to drive a CMV safely. Mr. Work meets the vision requirements 
of 49 CFR 391.41(b)(10). His optometrist examined him in 2011 and 
certified that he does not have diabetic retinopathy. He holds a Class 
A CDL from New York.

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. We will consider all comments received before 
the close of business on the closing date indicated in the date section 
of the notice.
    FMCSA notes that section 4129 of the Safe, Accountable, Flexible 
and Efficient Transportation Equity Act: A Legacy for Users requires 
the Secretary to revise its diabetes exemption program established on 
September 3, 2003 (68 FR 52441).\1\ The revision must provide for 
individual assessment of drivers with diabetes mellitus, and be 
consistent with the criteria described in section 4018 of the 
Transportation Equity Act for the 21st Century (49 U.S.C. 31305).
---------------------------------------------------------------------------

    \1\ Section 4129(a) refers to the 2003 notice as a ``final 
rule.'' However, the 2003 notice did not issue a ``final rule'' but 
did establish the procedures and standards for issuing exemptions 
for drivers with ITDM.

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

[[Page 5873]]

    Section 4129 requires: (1) Elimination of the requirement for 3 
years of experience operating CMVs while being treated with insulin; 
and (2) establishment of a specified minimum period of insulin use to 
demonstrate stable control of diabetes before being allowed to operate 
a CMV.
    In response to section 4129, FMCSA made immediate revisions to the 
diabetes exemption program established by the September 3, 2003 notice. 
FMCSA discontinued use of the 3-year driving experience and fulfilled 
the requirements of section 4129 while continuing to ensure that 
operation of CMVs by drivers with ITDM will achieve the requisite level 
of safety required of all exemptions granted under 49 U.S.C. 31136 (e).
    Section 4129(d) also directed FMCSA to ensure that drivers of CMVs 
with ITDM are not held to a higher standard than other drivers, with 
the exception of limited operating, monitoring and medical requirements 
that are deemed medically necessary.
    The FMCSA concluded that all of the operating, monitoring and 
medical requirements set out in the September 3, 2003 notice, except as 
modified, were in compliance with section 4129(d). Therefore, all of 
the requirements set out in the September 3, 2003 notice, except as 
modified by the notice in the Federal Register on November 8, 2005 (70 
FR 67777), remain in effect.

    Issued on: January 26, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012-2503 Filed 2-3-12; 8:45 am]
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