Qualification of Drivers; Exemption Applications; Diabetes Mellitus, 75492-75493 [2012-30640]

Download as PDF 75492 Federal Register / Vol. 77, No. 245 / Thursday, December 20, 2012 / Notices the NPRM, FMCSA proposed revisions to the standards for mandatory training requirements for entry-level operators of CMVs in interstate operations who are required to possess a CDL. The proposal would apply to drivers who apply for a CDL beginning 3 years after a final rule goes into effect. Following that date, persons applying for new or upgraded CDLs would be required to successfully complete specified minimum classroom and BTW training from an accredited institution or program. The FMCSA proposed that the State driver-licensing agency would issue a CDL only if the applicant presented a valid driver training certificate obtained from an accredited institution or program. The Agency indicated the rulemaking would strengthen the Agency’s ELDT requirements in response to the 2005 DC Circuit Court decision. Since the publication of the NPRM, the Agency has completed its review of the public responses to the proposal and initiated new research concerning driver training. The Agency has also begun exploring new alternatives for mining Motor Carrier Safety Management Information System (MCMIS) data and Commercial Driver’s License Information System (CDLIS) data to attempt to assess the safety performance of new CDL holders compared to that of more experienced CDL holders. In addition, in response to the public comments, the Agency has reexamined the regulatory options presented in the 2007 NPRM, as well as its estimates of the driver population who would be subject to the requirements. As a result, the Agency has concluded that additional stakeholder input will be useful in determining the most appropriate path forward for an ELDT rulemaking. Section 32304 of MAP–21 requires that FMCSA issue final ELDT regulations by October 1, 2013, establishing minimum ELDT requirements for operators of CMVs. The listening session at the ABA’s Marketplace will provide an opportunity for motorcoach operators and other interested parties to share with FMCSA their ideas, especially as they relate to the training needs for individuals seeking a passenger endorsement. tkelley on DSK3SPTVN1PROD with II. Meeting Participation and Information FMCSA Seeks From the Public The listening session is open to the public. Speakers’ remarks will be limited to 5 minutes each. No preregistration is required. The public may submit material to the FMCSA staff at VerDate Mar<15>2010 16:07 Dec 19, 2012 Jkt 229001 the session for inclusion in the public docket, FMCSA–2007–27748. III. Alternative Media Broadcasts During and Immediately After the Listening Session on January 7, 2013 FMCSA will webcast the listening session on the Internet. The telephone access number and other information on how to participate via the Internet will be posted on the FMCSA Web site at www.fmcsa.dot.gov/rules-regulations/ topics/hos/HOS-ListeningSessions.aspx. FMCSA will docket the transcripts of the webcast and a separate transcription of the listening session that will be prepared by an official court reporter. Issued on: December 12, 2012. Larry W. Minor, Associate Administrator for Policy. 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. SUMMARY: Background On October 18, 2012, FMCSA published a notice of receipt of Federal diabetes exemption applications from 16 individuals and requested comments from the public (77 FR 64181). The public comment period closed on November 19, 2012, and one comment was received. FMCSA has evaluated the eligibility of the 16 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). 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 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 [FR Doc. 2012–30641 Filed 12–19–12; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA–2012–0283] 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 16 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 December 20, 2012. The exemptions expire on December 20, 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: PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\20DEN1.SGM 20DEN1 Federal Register / Vol. 77, No. 245 / Thursday, December 20, 2012 / Notices 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 16 applicants have had ITDM over a range of 1 to 13 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 October 18, 2012, Federal Register notice and they will not be repeated in this notice. Discussion of Comments tkelley on DSK3SPTVN1PROD with 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. 16:07 Dec 19, 2012 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 FMCSA received one comment in this proceeding. Mr. Thomas A. Goodman stated he had met with a dietitian and surgeon to start the process for bariatric surgery, joined the ADA, and signed up for a diabetes program provided by his health insurer. VerDate Mar<15>2010 Conditions and Requirements Jkt 229001 Based upon its evaluation of the 16 exemption applications, FMCSA exempts James D. Astle (OH), Gregory L. Faison (MD), Theodore A. Garsombke (WI), Thomas A. Goodman (PA), Kenneth M. Hanson (IA), Ronald D. Johnston (VA), Carl E. McCartney (PA), Jerry W. McFarland (OR), Fred Nelson, Jr. (PA), Ricky L. Osterback (WA), Francis J. Pollock (MA), Dwaine H. Sandlin (MI), Dan R. Stark (MN), Chad E. Vanscoy (OH), Gregory C. Watson (NC), and Bailey G. Zickefoose, Jr. (WV) 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 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 75493 for a renewal under procedures in effect at that time. Issued on: December 12, 2012. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2012–30640 Filed 12–19–12; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA–2012–0282] 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 14 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 December 20, 2012. The exemptions expire on December 20, 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: 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 E:\FR\FM\20DEN1.SGM 20DEN1

Agencies

[Federal Register Volume 77, Number 245 (Thursday, December 20, 2012)]
[Notices]
[Pages 75492-75493]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-30640]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2012-0283]


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 16 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 December 20, 2012. The exemptions 
expire on December 20, 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 October 18, 2012, FMCSA published a notice of receipt of Federal 
diabetes exemption applications from 16 individuals and requested 
comments from the public (77 FR 64181). The public comment period 
closed on November 19, 2012, and one comment was received.
    FMCSA has evaluated the eligibility of the 16 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

[[Page 75493]]

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 16 applicants have had ITDM over a range of 1 to 13 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 October 18, 2012, Federal 
Register notice and they will not be repeated in this notice.

Discussion of Comments

    FMCSA received one comment in this proceeding. Mr. Thomas A. 
Goodman stated he had met with a dietitian and surgeon to start the 
process for bariatric surgery, joined the ADA, and signed up for a 
diabetes program provided by his health insurer.

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 Federal, State, or local 
enforcement official.

Conclusion

    Based upon its evaluation of the 16 exemption applications, FMCSA 
exempts James D. Astle (OH), Gregory L. Faison (MD), Theodore A. 
Garsombke (WI), Thomas A. Goodman (PA), Kenneth M. Hanson (IA), Ronald 
D. Johnston (VA), Carl E. McCartney (PA), Jerry W. McFarland (OR), Fred 
Nelson, Jr. (PA), Ricky L. Osterback (WA), Francis J. Pollock (MA), 
Dwaine H. Sandlin (MI), Dan R. Stark (MN), Chad E. Vanscoy (OH), 
Gregory C. Watson (NC), and Bailey G. Zickefoose, Jr. (WV) 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: December 12, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012-30640 Filed 12-19-12; 8:45 am]
BILLING CODE 4910-EX-P
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