Qualification of Drivers; Exemption Applications; Diabetes Mellitus, 76400-76402 [2013-29950]
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76400
Federal Register / Vol. 78, No. 242 / Tuesday, December 17, 2013 / Notices
37 individuals and requested comments
from the public (78 FR 63285). The
public comment period closed on
November 22, 2013, and no comments
were received.
FMCSA has evaluated the eligibility
of the 37 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).
wreier-aviles on DSK5TPTVN1PROD with NOTICES
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 37 applicants have had ITDM
over a range of 1 to 45 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
VerDate Mar<15>2010
14:45 Dec 16, 2013
Jkt 232001
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
23, 2013, Federal Register notice and
they will not be repeated in this notice.
Discussion of Comments
FMCSA received no 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
PO 00000
Frm 00132
Fmt 4703
Sfmt 4703
Federal, State, or local enforcement
official.
Conclusion
Based upon its evaluation of the 37
exemption applications, FMCSA
exempts Charles A. Adams, Jr. (CT),
Thomas W. Allee (WI), J.D. Ashcraft, Jr.
(AL), Robert J. Berger III (PA). Michael
E. Bingham (WA), Danny W. Bradley
(DE), Richard A. Clark (GA), Winfred G.
Clemenson (WA), Romero Coleman
(WI), Thomas J. Crawford (NY),
Williams N. Drake (NY), John S. Duvall
(PA), Robert B. Engel (IN), Carolyn C.
Gardner (CT), Brian L. Gregory (IL),
Alfonso Grijalva (CA), Jason E. Jacobus
(KY), Ervin A. Klocko, Jr. (OH), Stephen
C. Koktavy (AZ), Richard J. Long (MN),
Margaret Lopez (NY), John D. May (KS),
Michael C. McDowell (TX), Charles B.
McKay (FL), Norman C. Mertz (PA),
Gary D. Peters (NE), Mark R. Phillips
(WI), Francis J. Shultz (PA), Gary L.
Snelling (AL), Joseph L. Stevenson (IL),
Matthew S. Thompson (PA), Robin S.
Travis (CO), William R. Van Gog (WA),
Charles S. Watson (IL), David H.
Wilkins (PA), Mark A. Yurian (MT),
David M. Zanicky (PA) 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 3, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013–29957 Filed 12–16–13; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[FMCSA Docket No. FMCSA–2013–0189]
Qualification of Drivers; Exemption
Applications; Diabetes Mellitus
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
AGENCY:
E:\FR\FM\17DEN1.SGM
17DEN1
Federal Register / Vol. 78, No. 242 / Tuesday, December 17, 2013 / Notices
ACTION:
Notice of final disposition.
FMCSA announces its
decision to exempt 15 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 17, 2013. The exemptions
expire on December 17, 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:
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).
wreier-aviles on DSK5TPTVN1PROD with NOTICES
Background
On October 23, 2013, FMCSA
published a notice of receipt of Federal
diabetes exemption applications from
15 individuals and requested comments
from the public (78 FR 63295). The
public comment period closed on
November 22, 2013, and no comments
were received.
FMCSA has evaluated the eligibility
of the 15 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
VerDate Mar<15>2010
14:45 Dec 16, 2013
Jkt 232001
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 15 applicants have had ITDM
over a range of 1 to 20 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
23, 2013, Federal Register notice and
they will not be repeated in this notice.
Discussion of Comments
FMCSA received no comments in this
proceeding.
PO 00000
Frm 00133
Fmt 4703
Sfmt 4703
76401
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 15
exemption applications, FMCSA
exempts Steven R. Auger (NH), James L.
Barnes (GA), Travis D. Clarkston (IN),
Steven M. Ference (CT), Allen D.
Goddard (MO), Jerry M. Hicks (WV),
Bobby H. Johnson (GA), Michael P.
Mahan (NY), Kenneth B. Maynard, Jr.
E:\FR\FM\17DEN1.SGM
17DEN1
76402
Federal Register / Vol. 78, No. 242 / Tuesday, December 17, 2013 / Notices
(NH), Will Norsworthy (AL), Walter A.
Przewrocki, Jr. (PA), Keith E. Pulliam
(MO), Richard A. Treadwell, Sr. (ME),
James R. Troutman (PA), and William E.
Wyant III (IA) 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 4, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013–29950 Filed 12–16–13; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket No. FTA–2013–0038]
Notice of Proposed Buy America
Waiver for the Pad and Rubber Boot of
a Concrete Block for a Low Vibration
Track System
AGENCY:
Federal Transit Administration,
DOT.
Notice of proposed Buy America
waiver and request for comment.
ACTION:
The New York Metropolitan
Transportation Authority (MTA), New
York City Transit (NYCT), MTA Capital
Construction Company, has requested a
Buy America waiver for the pad and
rubber boot of a concrete block for its
Low Vibration Track (LVT) system on
the basis of non-availability. MTA
intends to install an LVT system as part
of its Second Avenue Subway Project.
This notice is to inform the public of the
waiver request and to seek public
comment to inform FTA’s decision
whether to grant the request.
DATES: Comments must be received by
January 16, 2014. Late-filed comments
will be considered to the extent
practicable.
wreier-aviles on DSK5TPTVN1PROD with NOTICES
SUMMARY:
Please submit your
comments by one of the following
ADDRESSES:
VerDate Mar<15>2010
14:45 Dec 16, 2013
Jkt 232001
means, identifying your submissions by
docket number FTA–2013–0038:
1. Web site: https://
www.regulations.gov. Follow the
instructions for submitting comments
on the U.S. Government electronic
docket site.
2. Fax: (202) 493–2251.
3. Mail: U.S. Department of
Transportation, 1200 New Jersey
Avenue SE., Docket Operations, M–30,
West Building, Ground Floor, Room
W12–140, Washington, DC 20590–0001.
4. Hand Delivery: U.S. Department of
Transportation, 1200 New Jersey
Avenue SE., Docket Operations, M–30,
West Building, Ground Floor, Room
W12–140, Washington, DC 20590–0001
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
Instructions: All submissions must
make reference to the ‘‘Federal Transit
Administration’’ and include docket
number FTA–2013–0038. Due to the
security procedures in effect since
October 2011, mail received through the
U.S. Postal Service may be subject to
delays. Parties making submissions
responsive to this notice should
consider using an express mail firm to
ensure the prompt filing of any
submissions not filed electronically or
by hand. Note that all submissions
received, including any personal
information therein, will be posted
without change or alteration to https://
www.regulations.gov. For more
information, you may review DOT’s
complete Privacy Act Statement in the
Federal Register published April 11,
2000 (65 FR 19477), or you may visit
https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Mary J. Lee, FTA Attorney-Advisor, at
(202) 366–0985 or mary.j.lee@dot.gov.
SUPPLEMENTARY INFORMATION: The
purpose of this notice is to provide
notice and seek comment on whether
the Federal Transit Administration
(FTA) should grant a non-availability
waiver for the procurement of the pad
and rubber boot of the concrete block
used in its LVT system for Phase 1 of
the Second Avenue Subway Project.
With certain exceptions, FTA’s Buy
America requirements prevent FTA
from obligating an amount that may be
appropriated to carry out its program for
a project unless ‘‘the steel, iron, and
manufactured goods used in the project
are produced in the United States.’’ 49
U.S.C. 5323(j)(1). A manufactured
product is considered produced in the
United States if: (1) the manufacturing
processes for the product take place in
the United States; and (2) the
components of the product are of U.S.
origin. A component is considered of
PO 00000
Frm 00134
Fmt 4703
Sfmt 4703
U.S. origin if it is manufactured in the
United States, regardless of the origin of
its subcomponents. 49 CFR 661.5(d). If,
however, FTA determines that ‘‘the
steel, iron, and goods produced in the
United States are not produced in a
sufficient and reasonably available
amount or are not of a satisfactory
quality,’’ then FTA may issue a waiver
(non-availability waiver). 49 U.S.C.
5323(j)(2)(B); 49 CFR 661.7(c).
On June 20, 2013, FTA issued a letter
to MTA regarding FTA’s determination
that the concrete blocks purchased for
MTA’s LVT system were not Buy
America compliant because they
contained foreign manufactured
components—the pad and the rubber
boot of each concrete block. However,
FTA indicated that it would be willing
to entertain a non-availability waiver if
MTA met the required conditions under
49 CFR 661.7(c) and provided the
following information: (1) the history of
the procurement, including the
technical specifications for the concrete
blocks; (2) the technical feasibility of
using other replacement parts
manufactured in the United States; and
(3) MTA’s market research
demonstrating the extent to which
manufacturers in the United States are
capable and willing to produce the pad
and the rubber boot.
On September 11, 2013, MTA
formally requested a Buy America
waiver for the pad and rubber boot. In
its request, MTA reiterated that it
specified an LVT system to address
operational noise and vibration issues,
which had been identified as significant
adverse impacts in the Final
Environmental Impact Statement and
Record of Decision for the Second
Avenue Subway Project. The LVT
system is, among other things, also
designed to meet the National Fire
Protection Association requirements
and the vertical and horizontal gap
tolerances between the platform and the
train floor required to comply with the
Americans with Disabilities Act. In
addition, according to MTA, the LVT
system has a proven performance
history and an expected useful life in
excess of 60 years, and would meet the
performance requirements of MTA–
NYCT’s standard specifications. Along
with these reasons, MTA stated that it
had, in good faith, concluded that the
concrete blocks were components of the
LVT system and believed itself to be
Buy America compliant.
According to MTA, it is unable to find
a U.S.-manufactured pad and rubber
boot. However, upon learning that it
likely would have to find a U.S.manufactured pad and rubber boot,
MTA began conducting market research
E:\FR\FM\17DEN1.SGM
17DEN1
]]>Agencies
[Federal Register Volume 78, Number 242 (Tuesday, December 17, 2013)]
[Notices]
[Pages 76400-76402]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-29950]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[FMCSA Docket No. FMCSA-2013-0189]
Qualification of Drivers; Exemption Applications; Diabetes
Mellitus
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
[[Page 76401]]
ACTION: Notice of final disposition.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to exempt 15 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 17, 2013. The exemptions
expire on December 17, 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 October 23, 2013, FMCSA published a notice of receipt of Federal
diabetes exemption applications from 15 individuals and requested
comments from the public (78 FR 63295). The public comment period
closed on November 22, 2013, and no comments were received.
FMCSA has evaluated the eligibility of the 15 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 15 applicants have had ITDM over a range of 1 to 20 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 23, 2013, Federal
Register notice and they will not be repeated in this notice.
Discussion of Comments
FMCSA received no 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 Federal, State, or local
enforcement official.
Conclusion
Based upon its evaluation of the 15 exemption applications, FMCSA
exempts Steven R. Auger (NH), James L. Barnes (GA), Travis D. Clarkston
(IN), Steven M. Ference (CT), Allen D. Goddard (MO), Jerry M. Hicks
(WV), Bobby H. Johnson (GA), Michael P. Mahan (NY), Kenneth B. Maynard,
Jr.
[[Page 76402]]
(NH), Will Norsworthy (AL), Walter A. Przewrocki, Jr. (PA), Keith E.
Pulliam (MO), Richard A. Treadwell, Sr. (ME), James R. Troutman (PA),
and William E. Wyant III (IA) 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 4, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-29950 Filed 12-16-13; 8:45 am]
BILLING CODE 4910-EX-P
