Qualification of Drivers; Exemption Applications; Diabetes Mellitus, 61655-61656 [2012-24925]
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Federal Register / Vol. 77, No. 196 / Wednesday, October 10, 2012 / Notices
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[FMCSA Docket No. FMCSA–2012–0217]
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 17 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 10, 2012. The exemptions
expire on October 10, 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:
rmajette on DSK2TPTVN1PROD with NOTICES
SUMMARY:
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 August 14, 2012, FMCSA
published a notice of receipt of Federal
VerDate Mar<15>2010
15:15 Oct 09, 2012
Jkt 229001
diabetes exemption applications from
17 individuals and requested comments
from the public (77 FR 48587). The
public comment period closed on
September 13, 2012, and no comments
were received.
FMCSA has evaluated the eligibility
of the 17 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
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 17 applicants have had ITDM
over a range of 1 to 22 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
PO 00000
Frm 00087
Fmt 4703
Sfmt 4703
61655
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 August
14, 2012, Federal Register notice and
they will not be repeated in this notice.
Discussion of Comments
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
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 selfemployed. The driver must also have a
copy of the certification when driving,
for presentation to a duly authorized
E:\FR\FM\10OCN1.SGM
10OCN1
61656
Federal Register / Vol. 77, No. 196 / Wednesday, October 10, 2012 / Notices
Federal, State, or local enforcement
official.
Conclusion
Based upon its evaluation of the 17
exemption applications, FMCSA
exempts Victor E. Angelo, Jr. (PA),
David M. Atkins (SC), Roger A. Black
(IN), Dominick Bravata (IL), Barry J.
Drews (MI), Donald T. Farris (MS), Mark
A. Hadrava (MN), Mason L. Hall (SD),
Chad E. Hasler (MT), Norman A.
Latondresse (RI), Robert C. Lister (OH),
Roy E. Macomber (WA), Timothy J.
Peterson (NE), Jim R. Phillippi (NE),
Daryl E. Rohn, Jr. (WA), Robert E. Smith
(GA) and Steven A. Wilson (FL) 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 1/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, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012–24925 Filed 10–9–12; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2012–0003]
rmajette on DSK2TPTVN1PROD with NOTICES
Petition for Waiver of Compliance
In accordance with Part 211 of Title
49 Code of Federal Regulations (CFR),
this document provides the public
notice that by a document dated
December 23, 2011, the McCreary
County Heritage Foundation, Inc.
(MCHF), on behalf of the Big South Fork
Scenic Railway (BSFSRY), has
petitioned the Federal Railroad
Administration (FRA) for a waiver of
compliance from certain provisions of
the Federal railroad safety regulations
contained at 49 CFR 215.303. FRA
assigned the petition Docket Number
FRA–2012–0003.
Specifically, MCHF/BSFSRY seeks a
waiver of compliance from the railroad
VerDate Mar<15>2010
15:15 Oct 09, 2012
Jkt 229001
freight car safety standards found at 49
CFR 215.303, which requires stenciling
on restricted freight cars in clearly
legible letters ‘‘R’’ followed by the basis
of the restriction. This request is made
for seven flatcars that were modified as
‘‘open air’’ and enclosed passenger cars
(Car Numbers K&T 1001, 1002, 1003,
1004, 1005, 1006, and 1007) and one
caboose (Car Number K&T Cab. 1).
As information, MCHF/BSFSRY also
requested a Special Approval to
continue in service the same cars in
accordance with 49 CFR 215.203(c). The
ages of these cars are more than 50 years
from their original construction dates,
and therefore, are restricted per 49 CFR
215.203(a), unless MCHF/BSFSRY
receives a Special Approval from FRA.
MCHF/BSFSRY states that it is a
501(c)3 not-for-profit organization. This
tourist railroad operates on a 7-mile
portion of former Kentucky & Tennessee
Railway right-of-way out of Stearns, KY.
Operation of BSFSRY is entirely for
historical, educational, and excursion
purposes by employees of MCHF.
BSFSRY is a non-insular tourist
operation and does not interchange any
of the equipment subject to this petition
with the general system of railroads.
MCHF was incorporated in Kentucky
in 1987. Since 2000 MCHF has operated
BSFSRY as a historical tourist railroad
for the purpose of providing an
opportunity or the public to view and
experience a ride on the historic
Kentucky & Tennessee Railway into the
river gorge of the Big South Fork of the
Cumberland River. The cars are
operated at a maximum speed of 15
mph, typically 16–30 times a month
from April through October, and average
80 miles per week. Special trains are
operated 6–12 times a month in
October, November, and December, and
these cars travel an average of 50 miles
per week. These cars carry no more than
15 tons of payload (passengers and
modifications), which is less than 30
percent of their original design
capacities of 40 to 60 tons. The caboose
subject to this petition is used as a
passenger car for small private parties.
A BSFSRY attendant is always onboard
the caboose.
BSFSRY states that the cars subject to
this petition do not interchange with
any railroad and as such are in captive
service. The stenciling requirement
would affect the appearance of the
renovated cars that have been preserved
for historical, educational, and
interpretive purposes.
A copy of the petition, as well as any
written communications concerning the
petition, is available for review online at
www.regulations.gov and in person at
the U.S. Department of Transportation’s
PO 00000
Frm 00088
Fmt 4703
Sfmt 9990
(DOT) Docket Operations Facility, 1200
New Jersey Avenue SE., W12–140,
Washington, DC 20590. The Docket
Operations Facility is open from 9 a.m.
to 5 p.m., Monday through Friday,
except Federal Holidays.
Interested parties are invited to
participate in these proceedings by
submitting written views, data, or
comments. FRA does not anticipate
scheduling a public hearing in
connection with these proceedings since
the facts do not appear to warrant a
hearing. If any interested party desires
an opportunity for oral comment, they
should notify FRA, in writing, before
the end of the comment period and
specify the basis for their request.
All communications concerning these
proceedings should identify the
appropriate docket number and may be
submitted by any of the following
methods:
• Web site: https://www.regulations.
gov. Follow the online instructions for
submitting comments.
• Fax: 202–493–2251.
• Mail: Docket Operations Facility,
U.S. Department of Transportation, 1200
New Jersey Avenue, SE., W12–140,
Washington, DC 20590.
• Hand Delivery: 1200 New Jersey
Avenue, SE., Room W12–140,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal Holidays.
Communications received by
November 26, 2012 will be considered
by FRA before final action is taken.
Comments received after that date will
be considered as far as practicable.
Anyone is able to search the
electronic form of any written
communications and comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (Volume
65, Number 70; Pages 19477–78), or
online at https://www.dot.gov/privacy.
html.
Issued in Washington, DC, on October 2,
2012.
Ron Hynes,
Director, Office of Safety Assurance and
Compliance.
[FR Doc. 2012–24916 Filed 10–9–12; 8:45 am]
BILLING CODE 4910–06–P
E:\FR\FM\10OCN1.SGM
10OCN1
Agencies
[Federal Register Volume 77, Number 196 (Wednesday, October 10, 2012)]
[Notices]
[Pages 61655-61656]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24925]
[[Page 61655]]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[FMCSA Docket No. FMCSA-2012-0217]
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 17 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 10, 2012. The exemptions
expire on October 10, 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: 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 August 14, 2012, FMCSA published a notice of receipt of Federal
diabetes exemption applications from 17 individuals and requested
comments from the public (77 FR 48587). The public comment period
closed on September 13, 2012, and no comments were received.
FMCSA has evaluated the eligibility of the 17 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 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 17 applicants have had ITDM over a range of 1 to 22 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 August 14, 2012, Federal Register
notice and they will not be repeated in this notice.
Discussion of Comments
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 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
[[Page 61656]]
Federal, State, or local enforcement official.
Conclusion
Based upon its evaluation of the 17 exemption applications, FMCSA
exempts Victor E. Angelo, Jr. (PA), David M. Atkins (SC), Roger A.
Black (IN), Dominick Bravata (IL), Barry J. Drews (MI), Donald T.
Farris (MS), Mark A. Hadrava (MN), Mason L. Hall (SD), Chad E. Hasler
(MT), Norman A. Latondresse (RI), Robert C. Lister (OH), Roy E.
Macomber (WA), Timothy J. Peterson (NE), Jim R. Phillippi (NE), Daryl
E. Rohn, Jr. (WA), Robert E. Smith (GA) and Steven A. Wilson (FL) 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 1/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, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012-24925 Filed 10-9-12; 8:45 am]
BILLING CODE 4910-EX-P