Qualification of Drivers; Exemption Applications; Diabetes Mellitus, 63210-63211 [2014-25134]

Download as PDF mstockstill on DSK4VPTVN1PROD with NOTICES 63210 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices areas. The total length of the project site spans approximately 0.4 miles. The project is located within the City of Anaheim between State Route 91 (SR– 91) and Interstate 5 (I–5), Orange County. The purpose of the project is to relieve congestion along the roadway, provide continuity in the number of lanes on Brookhurst Street, and improve drainage along the corridor. The federal aid project number is STPL 5055(163). The actions by the Federal agency, and the laws under which such actions were taken, are described in the Final Environmental Assessment (FEA) for the project, approved on 9/12/14, in the FHWA Finding of No Significant Impact (FONSI) issued on 9/12/14, and in other documents in the FHWA project records. The FEA, FONSI, and other project records are available by contacting Caltrans at the addresses provided above. This notice applies to all Federal agency decisions as of the issuance date of this notice and all laws under which such actions were taken, including but not limited to 1. Council on Environmental Quality Regulations 2. National Environmental Policy Act of 1969, as amended, 42 U.S.C. 4321 et seq. 3. Federal-Aid Highway Act of 1970, 23 U.S.C. 109 4. MAP–21, the Moving Ahead for Progress in the 21st Century Act (Pub. L. 112–141) 5. Clean Air Act Amendments of 1990 (CAAA) 6. Clean Water Act of 1977 and 1987 7. Federal Water Pollution Control Act of 1972 (see Clean Water Act of 1977 & 1987) 8. Federal Land Policy and Management Act of 1976 (Paleontological Resources) 9. Noise Control Act of 1972 10. Safe Drinking Water Act of 1944, as amended 11. Endangered Species Act of 1973 12. Executive Order 11990, Protection of Wetlands 13. Executive Order 13112, Invasive Species 14. Executive Order 13186, Migratory Birds 15. Fish and Wildlife Coordination Act of 1934, as amended 16. Migratory Bird Treaty Act 17. Water Bank Act Wetlands Mitigation Banks, ISTEA 1991, Sections 1006–1007 18. Wildflowers, Surface Transportation and Uniform Relocation Act of 1987 Section 130 19. Coastal Zone Management Act of 1972 20. Coastal Zone Management Act Reauthorization Amendments Of 1990 VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 21. Executive Order 11988, Floodplain Management 22. Department of Transportation (DOT) Executive Order 5650.2— Floodplain Management and Protection (April 23, 1979) 23. Rivers and Harbors Appropriation Act of 1899, Sections 9 and 10 24. Title VI of the Civil Rights Act of 1964, as amended 25. Executive Order 12898, Federal Actions to Address Environmental Justice and Low-Income Populations (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program.) Authority: 23 U.S.C. 139(l)(1). Issued on: October 10th, 2014. Cesar Perez, Senior Transportation Engineer, Federal Highway Administration, Sacramento, California. [FR Doc. 2014–25099 Filed 10–21–14; 8:45 am] BILLING CODE 4910–RY–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA–2014–0019] Qualification of Drivers; Exemption Applications; Diabetes Mellitus Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. AGENCY: FMCSA confirms its decision to exempt 56 individuals from its rule prohibiting persons with insulin-treated diabetes mellitus (ITDM) from operating commercial motor vehicles (CMVs) in interstate commerce. The exemptions enable these individuals to operate CMVs in interstate commerce. DATES: The exemptions were effective on August 14, 2014. The exemptions expire on September 15, 2016. FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, R.N., 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: I. Electronic Access You may see all the comments online through the Federal Document PO 00000 Frm 00133 Fmt 4703 Sfmt 4703 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). II. Background On August 14, 2014, FMCSA published a notice of receipt of Federal diabetes exemption applications from 56 individuals and requested comments from the public (79 FR 47702). The public comment period closed on September 15, 2014, and seven comments were received. FMCSA has evaluated the eligibility of the 56 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). III. 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 E:\FR\FM\22OCN1.SGM 22OCN1 Federal Register / Vol. 79, No. 204 / Wednesday, October 22, 2014 / Notices 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 56 applicants have had ITDM over a range of 1 to 48 years. These applicants report no severe hypoglycemic reactions resulting in loss of consciousness or seizure, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning symptoms, in the past 12 months and no recurrent (2 or more) severe hypoglycemic episodes in the past 5 years. In each case, an endocrinologist verified that the driver has demonstrated a willingness to properly monitor and manage his/her diabetes mellitus, received education related to diabetes management, and is on a stable insulin regimen. These drivers report no other disqualifying conditions, including diabetes-related complications. Each meets the vision requirement at 49 CFR 391.41(b)(10). The qualifications and medical condition of each applicant were stated and discussed in detail in the August 14, 2014, Federal Register notice and they will not be repeated in this notice. mstockstill on DSK4VPTVN1PROD with NOTICES IV. Discussion of Comments FMCSA received seven comments in this proceeding. The comments are discussed below. E. Fajardo, Eman Saaidi, and three anonymous commenters are in favor of granting all drivers included in this notice an exemption from the diabetes standard. Rayman Al-Omeri is in favor of granting Ahmed Ali an exemption from the diabetes standard. Richard Woodall is in favor of granting Raymond Lucero an exemption from the diabetes standard. V. 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. VerDate Sep<11>2014 18:22 Oct 21, 2014 Jkt 235001 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. VI. 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. VII. Conclusion Based upon its evaluation of the 56 exemption applications, FMCSA exempts the following drivers from the diabetes requirement in 49 CFR 391.41(b)(10), subject to the requirements cited above 949 CFR 391.64(b)): Michael N. Bohn (MN) Jonathan Bona (NJ) Vincent M. Branch (VA) Perry C. Bullis (PA) Christopher J. Burkhart (MO) James E. Cantrell, Jr. (AL) Kristy S. R. Clark (VA) Royce N. Cordova (WA) Robert Curry (NY) Bradley C. Dunlap (IL) John C. Fisher III (PA) Kenneth W. Foster (IN) Andrew C. Frykholm (MA) Lyle O. Gahler (MN) John A. Gillingham (PA) Ronald L. Glade (IL) Brent C. Godshalk (IN) Robert L. Gordon (IL) Jeffrey R. Harnack (MN) Daniel E. Harris (IL) PO 00000 Frm 00134 Fmt 4703 Sfmt 4703 63211 Elefterios Hatzigeorgalis (MD) Drew J. Holtan (MN) Randy S. Holz (IA) Joseph C. House (AL) Kenneth B. Huff (PA) Henderson R. Hughes (NY) Levi N. Hutchinson (PA) Joseph T. Ingiosi (MI) Michael J. Javenkoski (MN) Katlin W. Johnson (LA) Don L. Jorgensen (WY) Steven T. Juhl (MN) Christopher D. Lacasse, Sr. (MA) Raymond S. Lucero (NM) Richard M. Mackey (TX) Kevin J. McGrath (MA) Jerry W. Murphy (MS) Christopher D. Murray (CA) Robert D. Noe (IL) Kyle W. Parker (CA) Eric D. Roberts (MI) Gary L. Roberts (CT) Tommy A. Rollins (GA) Janice M. Rowles (PA) William B. Rupert, Jr. (PA) Ahmed A. Saleh (MI) Robert M. Schmitz (IA) David C. Schultze (MN) Brian R. Schwint (IA) Dicky W. Shuttlesworth (TX) Bryce J. Smith (UT) David R. Sprenkel (PA) Jeffrey R. Stevens (PA) David W. Taggart (PA) Artilla M. Thomas (IL) William C. Tomlinson (GA) In accordance with 49 U.S.C. 31136(e) and 31315 each exemption is 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 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: October 10, 2014. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2014–25134 Filed 10–21–14; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2014–0297] Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration (FMCSA), DOT. AGENCY: E:\FR\FM\22OCN1.SGM 22OCN1

Agencies

[Federal Register Volume 79, Number 204 (Wednesday, October 22, 2014)]
[Notices]
[Pages 63210-63211]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-25134]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2014-0019]


Qualification of Drivers; Exemption Applications; Diabetes 
Mellitus

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

ACTION: Notice of final disposition.

-----------------------------------------------------------------------

SUMMARY: FMCSA confirms its decision to exempt 56 individuals from its 
rule prohibiting persons with insulin-treated diabetes mellitus (ITDM) 
from operating commercial motor vehicles (CMVs) in interstate commerce. 
The exemptions enable these individuals to operate CMVs in interstate 
commerce.

DATES: The exemptions were effective on August 14, 2014. The exemptions 
expire on September 15, 2016.

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, R.N., 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:

I. 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).

II. Background

    On August 14, 2014, FMCSA published a notice of receipt of Federal 
diabetes exemption applications from 56 individuals and requested 
comments from the public (79 FR 47702). The public comment period 
closed on September 15, 2014, and seven comments were received.
    FMCSA has evaluated the eligibility of the 56 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).

III. 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

[[Page 63211]]

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 56 applicants have had ITDM over a range of 1 to 48 years. 
These applicants report no severe hypoglycemic reactions resulting in 
loss of consciousness or seizure, requiring the assistance of another 
person, or resulting in impaired cognitive function that occurred 
without warning symptoms, in the past 12 months and no recurrent (2 or 
more) severe hypoglycemic episodes in the past 5 years. In each case, 
an endocrinologist verified that the driver has demonstrated a 
willingness to properly monitor and manage his/her diabetes mellitus, 
received education related to diabetes management, and is on a stable 
insulin regimen. These drivers report no other disqualifying 
conditions, including diabetes-related complications. Each meets the 
vision requirement at 49 CFR 391.41(b)(10).
    The qualifications and medical condition of each applicant were 
stated and discussed in detail in the August 14, 2014, Federal Register 
notice and they will not be repeated in this notice.

IV. Discussion of Comments

    FMCSA received seven comments in this proceeding. The comments are 
discussed below.
    E. Fajardo, Eman Saaidi, and three anonymous commenters are in 
favor of granting all drivers included in this notice an exemption from 
the diabetes standard.
    Rayman Al-Omeri is in favor of granting Ahmed Ali an exemption from 
the diabetes standard.
    Richard Woodall is in favor of granting Raymond Lucero an exemption 
from the diabetes standard.

V. 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.

VI. 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.

VII. Conclusion

    Based upon its evaluation of the 56 exemption applications, FMCSA 
exempts the following drivers from the diabetes requirement in 49 CFR 
391.41(b)(10), subject to the requirements cited above 949 CFR 
391.64(b)):

Michael N. Bohn (MN)
Jonathan Bona (NJ)
Vincent M. Branch (VA)
Perry C. Bullis (PA)
Christopher J. Burkhart (MO)
James E. Cantrell, Jr. (AL)
Kristy S. R. Clark (VA)
Royce N. Cordova (WA)
Robert Curry (NY)
Bradley C. Dunlap (IL)
John C. Fisher III (PA)
Kenneth W. Foster (IN)
Andrew C. Frykholm (MA)
Lyle O. Gahler (MN)
John A. Gillingham (PA)
Ronald L. Glade (IL)
Brent C. Godshalk (IN)
Robert L. Gordon (IL)
Jeffrey R. Harnack (MN)
Daniel E. Harris (IL)
Elefterios Hatzigeorgalis (MD)
Drew J. Holtan (MN)
Randy S. Holz (IA)
Joseph C. House (AL)
Kenneth B. Huff (PA)
Henderson R. Hughes (NY)
Levi N. Hutchinson (PA)
Joseph T. Ingiosi (MI)
Michael J. Javenkoski (MN)
Katlin W. Johnson (LA)
Don L. Jorgensen (WY)
Steven T. Juhl (MN)
Christopher D. Lacasse, Sr. (MA)
Raymond S. Lucero (NM)
Richard M. Mackey (TX)
Kevin J. McGrath (MA)
Jerry W. Murphy (MS)
Christopher D. Murray (CA)
Robert D. Noe (IL)
Kyle W. Parker (CA)
Eric D. Roberts (MI)
Gary L. Roberts (CT)
Tommy A. Rollins (GA)
Janice M. Rowles (PA)
William B. Rupert, Jr. (PA)
Ahmed A. Saleh (MI)
Robert M. Schmitz (IA)
David C. Schultze (MN)
Brian R. Schwint (IA)
Dicky W. Shuttlesworth (TX)
Bryce J. Smith (UT)
David R. Sprenkel (PA)
Jeffrey R. Stevens (PA)
David W. Taggart (PA)
Artilla M. Thomas (IL)
William C. Tomlinson (GA)

    In accordance with 49 U.S.C. 31136(e) and 31315 each exemption is 
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 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: October 10, 2014.
 Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2014-25134 Filed 10-21-14; 8:45 am]
BILLING CODE 4910-EX-P