Qualification of Drivers; Exemption Applications; Diabetes Mellitus, 60014-60015 [2013-23766]

Download as PDF tkelley on DSK3SPTVN1PROD with NOTICES 60014 Federal Register / Vol. 78, No. 189 / Monday, September 30, 2013 / Notices ending on July 26, 2013. Of the 1,709 violations in the Driver Fitness BASIC, 1,695 involve the English Language Proficiency (ELP) of their drivers. The drivers approved for this pilot program completed ELP testing during the PASA. Regarding the Vehicle Maintenance BASIC, the Agency notes that TRACSO will be using all 2013 model year vehicles in the program and the vehicles passed the inspections required to obtain a Commercial Vehicle Safety Alliance safety decal. The compliance review began on April 23, 2013, and identified six violations: (1) 49 CFR § 382.401(c)(6)(iii)—Failing to maintain semi-annual laboratory statistical summaries of urinalysis required by 49 CFR § 40.111(a); (2) 49 CFR § 390.15(b)(1)—Failing to keep an accident register in the form and manner prescribed; (3) 49 CFR 391.11(b)(2)/391.11(a)—Using a driver unable to read and/or speak the English language; (4) 49 CFR 391.21(a)—Using a driver who has not completed and furnished an employment application; (5) 49 CFR 391.23(e)(1)—Failing to investigate the driver’s alcohol and controlled substances history for the previous 3 years; and (6) 49 CFR 395.8(a)—Failing to require driver to make a record of duty status. No acute violations were discovered, and the violations of critical regulations did not rise to the level of critical violation. Thus the carrier received a ‘‘Satisfactory’’ safety rating upon the conclusion of the compliance review. The Agency provided TRACSO with recommendations for correcting the violations. To address the high Driver Fitness BASIC, carrier officials stated they have scheduled English proficiency training for their drivers, and will continue to test and monitor their drivers’ English language proficiency. Additionally, to address the high Vehicle Maintenance BASIC, carrier officials stated they will start a training program for their drivers on driver vehicle inspections so they can identify problems with vehicles and have them repaired before roadside inspections. The Agency will monitor the safety of TRACSO through SMS and take action, if appropriate. TRACSO is currently a hazardous materials carrier (reg. # 062212551016U) registered with the Pipeline and Hazardous Materials Safety Agency and reports the transportation of three types of hazardous materials on its most recent MCS–150 filing in May 2013. TRACSO will be subject to the terms and conditions of the pilot program and during the PASA process FMCSA confirmed that TRACSO will not transport placardable hazardous VerDate Mar<15>2010 18:06 Sep 27, 2013 Jkt 229001 materials under the upcoming OP–1MX authority in the pilot program. Based on TRACSO’s safety record and corrective action plan, FMCSA will proceed in issuing provisional operating authority for participation in the pilot program. Request for Comments In accordance with the Act, FMCSA requests public comment from all interested persons on the PASA information presented in this notice. All comments received before the close of business on the comment closing date indicated at the beginning of this notice will be considered and will be available for examination in the docket at the location listed under the ADDRESSES section of this notice. Comments received after the comment closing date will be filed in the public docket and will be considered to the extent practicable. In addition to late comments, the FMCSA will also continue to file, in the public docket, relevant information that becomes available after the comment closing date. Interested persons should continue to examine the public docket for new material. FMCSA notes that under its regulations, preliminary grants of authority, pending the carrier’s showing of compliance with insurance and process agent requirements and the resolution of any protests, are publically noticed through publication in the FMCSA Register. Any protests of such grants must be filed within 10 days of publication of notice in the FMCSA Register. Issued on: September 18, 2013. Anne S. Ferro, Administrator. BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA–2013–0020] 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 PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 Electronic Access You may see all the comments online through the Federal Document Management System (FDMS) at: http:// www.regulations.gov. Docket: For access to the docket to read background documents or comments, go to http:// www.regulations.gov and/or Room W12–140 on the ground level of the West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Privacy Act: Anyone may search the electronic form of all comments received into any of DOT’s dockets by the name of the individual submitting the comment (or of the person signing the comment, if submitted on behalf of an association, business, labor union, or other entity). You may review DOT’s Privacy Act Statement for the Federal Docket Management System (FDMS) published in the Federal Register on January 17, 2008 (73 FR 3316). Background [FR Doc. 2013–23760 Filed 9–27–13; 8:45 am] SUMMARY: individuals to operate CMVs in interstate commerce. DATES: The exemptions are effective September 30, 2013. The exemptions expire on September 30, 2015. 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: On June 26, 2013, FMCSA published a notice of receipt of Federal diabetes exemption applications from 16 individuals and requested comments from the public (78 FR 38439). The public comment period closed on July 26, 2013, and two comments were 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 E:\FR\FM\30SEN1.SGM 30SEN1 Federal Register / Vol. 78, No. 189 / Monday, September 30, 2013 / Notices 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 16 applicants have had ITDM over a range of 1 to 28 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 June 26, 2013, Federal Register notice and they will not be repeated in this notice. tkelley on DSK3SPTVN1PROD with NOTICES Discussion of Comments FMCSA received two comments in this proceeding. The comments are considered and discussed below. Laurie Susan Palmer expressed concern regarding the new A1C testing regulations. John D. Heffington requested information regarding the new A1C testing regulations. VerDate Mar<15>2010 18:06 Sep 27, 2013 Jkt 229001 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 Federal, State, or local enforcement official. Conclusion Based upon its evaluation of the 16 exemption applications, FMCSA exempts Tyler A. Benjamin (AL), Larry K. Brindle (KS), James D. Damske (MA), Manuel M. Fabela, Jr. (CA), Ryan L. Guffey (IL), Richard B. Harvey (CA), Donald F. Kurzejewski (PA), Joshua O. Lilly (VA), Steven C. Lundberg (IA), PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 60015 Frank D. Marcou, Jr. (VT), Roger D. Mott (IA), Bernard K. Nixon (FL), Thomas P. Olson (WI), Steven T. Vanderburg (NC), John P. Washington (NJ), and Christopher J. Wisner (MD) 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 20, 2013. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2013–23766 Filed 9–27–13; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Transit Administration Federal Highway Administration [Docket No. FTA–2013–0029] Proposed Policy Guidance on Metropolitan Planning Organization Representation Federal Transit Administration (FTA) and Federal Highway Administration (FHWA), DOT. ACTION: Proposed policy guidance; request for comments. AGENCY: The FTA and FHWA are jointly issuing this proposed guidance on implementation of provisions of the Moving Ahead for Progress in the 21st Century Act (MAP–21), Public Law 112–141, that require representation by providers of public transportation in each metropolitan planning organization (MPO) that serves a transportation management area (TMA) no later than October 1, 2014. The purpose of this guidance is to assist MPOs and providers of public transportation in complying with this new requirement. DATES: Comments must be received by October 30, 2013. Any comments SUMMARY: E:\FR\FM\30SEN1.SGM 30SEN1

Agencies

[Federal Register Volume 78, Number 189 (Monday, September 30, 2013)]
[Notices]
[Pages 60014-60015]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-23766]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2013-0020]


Qualification of Drivers; Exemption Applications; Diabetes 
Mellitus

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

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to exempt 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 September 30, 2013. The exemptions 
expire on September 30, 2015.

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical 
Programs Division, (202) 366-4001, fmcsamedical@dot.gov, FMCSA, Room 
W64-224, Department of Transportation, 1200 New Jersey Avenue SE., 
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., 
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: 

Electronic Access

    You may see all the comments online through the Federal Document 
Management System (FDMS) at: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov and/or Room W12-140 on the 
ground level of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.
    Privacy Act: Anyone may search the electronic form of all comments 
received into any of DOT's dockets by the name of the individual 
submitting the comment (or of the person signing the comment, if 
submitted on behalf of an association, business, labor union, or other 
entity). You may review DOT's Privacy Act Statement for the Federal 
Docket Management System (FDMS) published in the Federal Register on 
January 17, 2008 (73 FR 3316).

Background

    On June 26, 2013, FMCSA published a notice of receipt of Federal 
diabetes exemption applications from 16 individuals and requested 
comments from the public (78 FR 38439). The public comment period 
closed on July 26, 2013, and two comments were 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

[[Page 60015]]

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 16 applicants have had ITDM over a range of 1 to 28 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 June 26, 2013, Federal Register 
notice and they will not be repeated in this notice.

Discussion of Comments

    FMCSA received two comments in this proceeding. The comments are 
considered and discussed below.
    Laurie Susan Palmer expressed concern regarding the new A1C testing 
regulations.
    John D. Heffington requested information regarding the new A1C 
testing regulations.

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 Tyler A. Benjamin (AL), Larry K. Brindle (KS), James D. Damske 
(MA), Manuel M. Fabela, Jr. (CA), Ryan L. Guffey (IL), Richard B. 
Harvey (CA), Donald F. Kurzejewski (PA), Joshua O. Lilly (VA), Steven 
C. Lundberg (IA), Frank D. Marcou, Jr. (VT), Roger D. Mott (IA), 
Bernard K. Nixon (FL), Thomas P. Olson (WI), Steven T. Vanderburg (NC), 
John P. Washington (NJ), and Christopher J. Wisner (MD) 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 20, 2013.
Larry W. Minor,
 Associate Administrator for Policy.
[FR Doc. 2013-23766 Filed 9-27-13; 8:45 am]
BILLING CODE 4910-EX-P