Qualification of Drivers; Exemption Applications; Diabetes Mellitus, 2479-2480 [2015-00609]

Download as PDF Federal Register / Vol. 80, No. 11 / Friday, January 16, 2015 / Notices Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. III. Public Participation and Request for Comments FMCSA encourages you to participate by submitting comments and related materials. [FR Doc. 2015–00602 Filed 1–15–15; 8:45 am] Submitting Comments If you submit a comment, please include the docket number for this notice, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so the Agency can contact you if it has questions regarding your submission. To submit your comment online, go to https://www.regulations.gov and put the docket number FMCSA–2014–0300 in the ‘‘Keyword’’ box, and click ‘‘Search. When the new screen appears, click on ‘‘Comment Now!’’ button and type your comment into the text box in the following screen. Choose whether you are submitting your comment as an individual or on behalf of a third party and then submit. 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. FMCSA will consider all comments and material received during the comment period and may change this notice based on your comments. asabaliauskas on DSK5VPTVN1PROD with NOTICES accumulating 120,000 miles, and tractor-trailer combinations for 4 years, accumulating 100,000 miles. He holds a Class AM CDL from Pennsylvania. His driving record for the last 3 years shows no crashes and no convictions for moving violations in a CMV. Federal Motor Carrier Safety Administration Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to https://www.regulations.gov and insert the docket number. FMCSA–2014–0300 in the ‘‘Keyword’’ box and click ‘‘Search.’’ Next, click ‘‘Open Docket Folder’’ button and choose the document listed to review. If you do not have access to the Internet, you may view the docket online by visiting the Docket Management Facility in Room W12–140 on the ground floor of the DOT West Building, 1200 New VerDate Sep<11>2014 17:36 Jan 15, 2015 Jkt 235001 Issued on: January 2, 2015. Larry W. Minor, Associate Administrator for Policy. BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION [FMCSA Docket No. FMCSA–2014–0308] 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 52 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 December 9, 2014. The exemptions expire on December 9, 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 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: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 2479 described in the system of records notice (DOT/ALL–14 FDMS), which can be reviewed at www.dot.gov/privacy. II. Background On November 7, 2014, FMCSA published a notice of receipt of Federal diabetes exemption applications from 52 individuals and requested comments from the public (79 FR 66451). The public comment period closed on December 8, 2014, and one comment was received. FMCSA has evaluated the eligibility of the 52 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 52 applicants have had ITDM over a range of 1 to 38 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 E:\FR\FM\16JAN1.SGM 16JAN1 2480 Federal Register / Vol. 80, No. 11 / Friday, January 16, 2015 / Notices 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 November 7, 2014, Federal Register notice and they will not be repeated in this notice. III. Discussion of Comments FMCSA received one comment in this proceeding. The comment is discussed below. Erik Lane stated that he wanted the exemption process to move faster as he has been unable to work. asabaliauskas on DSK5VPTVN1PROD with NOTICES IV. 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. V. 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 VerDate Sep<11>2014 17:36 Jan 15, 2015 Jkt 235001 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. VI. Conclusion Based upon its evaluation of the 52 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)): Travis L. Beck (OH) Corey C. Bennett (MS) Richard C. Bennett (MA) Nicholas J. Borelli (NJ) Bobby L. Brown (MO) Elvis P. Butler (TN) John H. Butler (OH) Michael E. Calvert (TX) Keith J. Cole (WI) Kevin E. Conti (OH) Marsh L. Daggett (TX) Daniel D. Eisenbise (OK) Callie W. Freeman (NC) Brandy D. Green (OK) Chad E. Hales (UT) Dennis L. Hooyman (WI) Lorenza K. Jefferson (VA) Edward Johnson (TN) William O. Johnson, Jr. (IN) Michael E. Kroll (WI) Thomas J. LaPointe (MA) Matthew A. Lind (PA) Cynthia A. Martindale (UT) Isolina Matos (NJ) Rex D. McManaway (IL) Steven A. Metternick (MI) Daniel P. Miller (PA) James K. Ollerich (SD) Scott B. Olson (ND) Raymond E. Pawloski (MI) Rodney D. Pedersen (MN) Loren A. Pingel (CO) Douglas S. Pitcher (NY) John E. Pringle (WA) Terrence A. Proctor (MD) Salvador Ramirez, Jr. (IL) Heber E. Rodriguez (VA) Ethan T. Roy (OH) Emily J. Runde (WA) Jerome E. Schwarz (KS) Lukas N. Skutnik (NE) Daniel C. Sliman (OH) Jeffrey A. Sturgill (OH) Maurice S. Styles (MN) Steven M. Theys (WI) Richard J. Thomas (IN) Kevin E. Tucker (WV) Robert Vassallo (NY) PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 Clifford L. White (KS) Jason L. Woody (KS) John A. Yarde (IL) Wesley B. Yokum (PA) 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: January 8, 2015. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2015–00609 Filed 1–15–15; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. AB 1122X] Ouachita Railroad, Inc.—Abandonment Exemption—in Union County, Ark., and Union Parish, La. Ouachita Railroad, Inc. (Ouachita) has filed a verified notice of exemption under 49 CFR part 1152 subpart F– Exempt Abandonments to abandon an approximately 13.4-mile line of railroad between milepost 112, near Junction City, in Union County, Ark., and milepost 125.4, near Lillie, in Union Parish, La. (the Line). The Line traverses United States Postal Service Zip Codes 71749 and 71256. Ouachita has certified that (1) no local traffic has moved over the Line for at least two years; (2) the line is stubended and not capable of handling overhead traffic; (3) no formal complaint filed by a user of rail service on the Line (or by a state or local government entity acting on behalf of such user) regarding cessation of service over the Line is pending with the Surface Transportation Board (Board) or with any U.S. District Court or has been decided in favor of a complainant within the two-year period; and (4) the requirements at 49 CFR 1105.7(c) (environmental report), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met. E:\FR\FM\16JAN1.SGM 16JAN1

Agencies

[Federal Register Volume 80, Number 11 (Friday, January 16, 2015)]
[Notices]
[Pages 2479-2480]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-00609]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2014-0308]


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 52 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 December 9, 2014. The 
exemptions expire on December 9, 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: 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: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

II. Background

    On November 7, 2014, FMCSA published a notice of receipt of Federal 
diabetes exemption applications from 52 individuals and requested 
comments from the public (79 FR 66451). The public comment period 
closed on December 8, 2014, and one comment was received.
    FMCSA has evaluated the eligibility of the 52 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 52 applicants have had ITDM over a range of 1 to 38 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

[[Page 2480]]

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 November 7, 2014, Federal 
Register notice and they will not be repeated in this notice.

III. Discussion of Comments

    FMCSA received one comment in this proceeding. The comment is 
discussed below.
    Erik Lane stated that he wanted the exemption process to move 
faster as he has been unable to work.

IV. 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.

V. 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.

VI. Conclusion

    Based upon its evaluation of the 52 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)):

Travis L. Beck (OH)
Corey C. Bennett (MS)
Richard C. Bennett (MA)
Nicholas J. Borelli (NJ)
Bobby L. Brown (MO)
Elvis P. Butler (TN)
John H. Butler (OH)
Michael E. Calvert (TX)
Keith J. Cole (WI)
Kevin E. Conti (OH)
Marsh L. Daggett (TX)
Daniel D. Eisenbise (OK)
Callie W. Freeman (NC)
Brandy D. Green (OK)
Chad E. Hales (UT)
Dennis L. Hooyman (WI)
Lorenza K. Jefferson (VA)
Edward Johnson (TN)
William O. Johnson, Jr. (IN)
Michael E. Kroll (WI)
Thomas J. LaPointe (MA)
Matthew A. Lind (PA)
Cynthia A. Martindale (UT)
Isolina Matos (NJ)
Rex D. McManaway (IL)
Steven A. Metternick (MI)
Daniel P. Miller (PA)
James K. Ollerich (SD)
Scott B. Olson (ND)
Raymond E. Pawloski (MI)
Rodney D. Pedersen (MN)
Loren A. Pingel (CO)
Douglas S. Pitcher (NY)
John E. Pringle (WA)
Terrence A. Proctor (MD)
Salvador Ramirez, Jr. (IL)
Heber E. Rodriguez (VA)
Ethan T. Roy (OH)
Emily J. Runde (WA)
Jerome E. Schwarz (KS)
Lukas N. Skutnik (NE)
Daniel C. Sliman (OH)
Jeffrey A. Sturgill (OH)
Maurice S. Styles (MN)
Steven M. Theys (WI)
Richard J. Thomas (IN)
Kevin E. Tucker (WV)
Robert Vassallo (NY)
Clifford L. White (KS)
Jason L. Woody (KS)
John A. Yarde (IL)
Wesley B. Yokum (PA)

    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: January 8, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-00609 Filed 1-15-15; 8:45 am]
BILLING CODE 4910-EX-P
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