Qualification of Drivers; Exemption Applications; Diabetes Mellitus, 67459-67460 [2013-27026]

Download as PDF Federal Register / Vol. 78, No. 218 / Tuesday, November 12, 2013 / Notices provide a reason for each suggestion or recommendation. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, selfaddressed postcard or envelope. We will consider all comments and material received during the comment period and may change this proposed rule based on your comments. FMCSA may issue a final rule at any time after the close of the comment period. Viewing Comments and Documents To view comments, as well as any documents mentioned in this preamble, To submit your comment online, go to https://www.regulations.gov and in the search box insert the docket number FMCSA–2013–0170 and click ‘‘Search.’’ Next, click ‘‘Open Docket Folder’’ and you will find all documents and comments related to the proposed rulemaking. Issued on: November 1, 2013. Larry W. Minor, Associate Administrator for Policy. 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). Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. Background On September 16, 2013, FMCSA published a notice of receipt of Federal diabetes exemption applications from 36 individuals and requested comments from the public (78 FR 56988). The public comment period closed on October 16, 2013, and three comments were received. FMCSA has evaluated the eligibility of the 36 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). FMCSA announces its decision to exempt 36 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 November 12, 2013. The exemptions expire on November 12, 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 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 [FR Doc. 2013–26877 Filed 11–8–13; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA–2013–0186] Qualification of Drivers; Exemption Applications; Diabetes Mellitus AGENCY: emcdonald on DSK67QTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 17:41 Nov 08, 2013 Jkt 232001 PO 00000 Frm 00129 Fmt 4703 Sfmt 4703 67459 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 36 applicants have had ITDM over a range of 1 to 30 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 September 16, 2013, Federal Register notice and they will not be repeated in this notice. Discussion of Comments FMCSA received three comments in this proceeding. The comments are considered and discussed below. The three comments were from the Pennsylvania Department of Transportation, who is in favor of granting an exemption to Vincent Terrizzi, Sr., George J. Ehnot, and Andrew W. Sprester after reviewing their driving histories. 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 E:\FR\FM\12NON1.SGM 12NON1 67460 Federal Register / Vol. 78, No. 218 / Tuesday, November 12, 2013 / Notices reviewed the treating endocrinologists’ medical opinion related to the ability of the driver to safely operate a CMV while using insulin. Consequently, FMCSA finds that in each case exempting these applicants from the diabetes requirement in 49 CFR 391.41(b)(3) is likely to achieve a level of safety equal to that existing without the exemption. emcdonald on DSK67QTVN1PROD with NOTICES Conditions and Requirements The terms and conditions of the exemption will be provided to the applicants in the exemption document and they include the following: (1) That each individual submit a quarterly monitoring checklist completed by the treating endocrinologist as well as an annual checklist with a comprehensive medical evaluation; (2) that each individual reports within 2 business days of occurrence, all episodes of severe hypoglycemia, significant complications, or inability to manage diabetes; also, any involvement in an accident or any other adverse event in a CMV or personal vehicle, whether or not it is related to an episode of hypoglycemia; (3) that each individual provide a copy of the ophthalmologist’s or optometrist’s report to the medical examiner at the time of the annual medical examination; and (4) that each individual provide a copy of the annual medical certification to the employer for retention in the driver’s qualification file, or keep a copy in his/her driver’s qualification file if he/she is selfemployed. The driver must also have a copy of the certification when driving, for presentation to a duly authorized Federal, State, or local enforcement official. Conclusion Based upon its evaluation of the 36 exemption applications, FMCSA exempts Charles E. Anderson (MN), Ross D. Barker (UT), Phillip B. Blythe (IL), Jay H. Byers (IN), Ryan T. Byndas (AZ), Winfred G. Clemenson (WA), Chad P. Colligan (NY), Michael C. Crewse (IL), James D. Crosson, Jr. (MN), James de la Garza, Sr. (CA), Jerry W. Downey (OH), George J. Ehnot (PA), Bruce E. Feltenbarger (MI), Charles A. Fleming, Jr. (VA), Brian W. Hannah (UT), Michael P. Huck (MI), Van K. Jarrett (KY), Keith W. Lewis (MO), Richard G. McGee, Jr. (WV), Eugene M. Mikell (NH), Ronny J. Moreau (NH), James M. O’Rourke (MA), Joshua T. Paumer (MT), Kent F. Peters (KS), Vladimir B. Petkov (MO), Luther S. Pickell (KS), Robert Pulliam (AZ), Juanita Ringeisen (IN), Justin W. Robinson (IN), Freddie Antonio Velez Silvagnoli (MN), Richard A. Smith VerDate Mar<15>2010 17:41 Nov 08, 2013 Jkt 232001 (WA), Andrew W. Sprester (PA), Vincent J. Terrizzi, Sr. (PA), Daniel C. Theis (FL), Richard A. White (TN), and Mark A. Winning (IL) 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: November 1, 2013. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2013–27026 Filed 11–8–13; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2005–23238; FMCSA– 2007–27897; FMCSA–2007–29019; FMCSA– 2010–0082; FMCSA–2011–0140; FMCSA– 2011–0142; FMCSA–2011–0275; FMCSA– 2011–0276] Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of renewal of exemptions; request for comments. AGENCY: FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 12 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemption renewals will provide a level of safety that is equivalent to or greater than the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers. DATES: This decision is effective December 22, 2013. Comments must be received on or before December 12, 2013. SUMMARY: PO 00000 Frm 00130 Fmt 4703 Sfmt 4703 You may submit comments bearing the Federal Docket Management System (FDMS) numbers: Docket No. [Docket No. FMCSA–2005–23238; FMCSA–2007–27897; FMCSA–2007– 29019; FMCSA–2010–0082; FMCSA– 2011–0140; FMCSA–2011–0142; FMCSA–2011–0275; FMCSA–2011– 0276], 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 or Courier: 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 number for this notice. Note that DOT posts all comments received without change to https:// www.regulations.gov, including any personal information included in a comment. Please see the Privacy Act heading below. 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 Federal Docket Management System (FDMS) published in the Federal Register on January 17, 2008 (73 FR 3316). FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical Programs Division, 202–366–4001, ADDRESSES: E:\FR\FM\12NON1.SGM 12NON1

Agencies

[Federal Register Volume 78, Number 218 (Tuesday, November 12, 2013)]
[Notices]
[Pages 67459-67460]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-27026]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2013-0186]


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 36 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 November 12, 2013. The exemptions 
expire on November 12, 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: 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).

Background

    On September 16, 2013, FMCSA published a notice of receipt of 
Federal diabetes exemption applications from 36 individuals and 
requested comments from the public (78 FR 56988). The public comment 
period closed on October 16, 2013, and three comments were received.
    FMCSA has evaluated the eligibility of the 36 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 36 applicants have had ITDM over a range of 1 to 30 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 September 16, 2013, Federal 
Register notice and they will not be repeated in this notice.

Discussion of Comments

    FMCSA received three comments in this proceeding. The comments are 
considered and discussed below.
    The three comments were from the Pennsylvania Department of 
Transportation, who is in favor of granting an exemption to Vincent 
Terrizzi, Sr., George J. Ehnot, and Andrew W. Sprester after reviewing 
their driving histories.

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

[[Page 67460]]

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 36 exemption applications, FMCSA 
exempts Charles E. Anderson (MN), Ross D. Barker (UT), Phillip B. 
Blythe (IL), Jay H. Byers (IN), Ryan T. Byndas (AZ), Winfred G. 
Clemenson (WA), Chad P. Colligan (NY), Michael C. Crewse (IL), James D. 
Crosson, Jr. (MN), James de la Garza, Sr. (CA), Jerry W. Downey (OH), 
George J. Ehnot (PA), Bruce E. Feltenbarger (MI), Charles A. Fleming, 
Jr. (VA), Brian W. Hannah (UT), Michael P. Huck (MI), Van K. Jarrett 
(KY), Keith W. Lewis (MO), Richard G. McGee, Jr. (WV), Eugene M. Mikell 
(NH), Ronny J. Moreau (NH), James M. O'Rourke (MA), Joshua T. Paumer 
(MT), Kent F. Peters (KS), Vladimir B. Petkov (MO), Luther S. Pickell 
(KS), Robert Pulliam (AZ), Juanita Ringeisen (IN), Justin W. Robinson 
(IN), Freddie Antonio Velez Silvagnoli (MN), Richard A. Smith (WA), 
Andrew W. Sprester (PA), Vincent J. Terrizzi, Sr. (PA), Daniel C. Theis 
(FL), Richard A. White (TN), and Mark A. Winning (IL) 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: November 1, 2013.
 Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-27026 Filed 11-8-13; 8:45 am]
BILLING CODE 4910-EX-P
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