Qualification of Drivers; Exemption Applications; Diabetes Mellitus, 12545-12546 [2015-05239]

Download as PDF Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Notices Register home page at: https://www. archives.gov and the Government Publishing Office’s database at: https:// www.access.gpo.gov/nara. 0001. Office hours are from 8:30 a.m. to 5 p.m., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Background 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. On November 21, 2014, the FHWA published in the Federal Register notice of the availability of the Tier 1 DEIS at 79 FR 68242. That Federal Register notice listed February 27, 2015, as the end date for the comment period. Due to severe weather conditions throughout the project area, four public hearings were rescheduled. Accordingly, the FHWA and the PANYNJ are extending the public comment period for the Cross Harbor Freight Program Tier 1 DEIS until Friday, March 20, 2015. The comprehensive public hearing schedule, the DEIS, and list of DEIS repositories are available on the project Web site: www.crossharborstudy.com. Extended Deadline for Public Comment Period: Comments on the Tier 1 DEIS should be received no later than Friday, March 20, 2015. Joseph Ehrlich, Principal Transportation Planner, Port Authority New York and New Jersey. Michael Canavan, Chief Operating Officer, NY Division of FHWA/USDOT. [FR Doc. 2015–05243 Filed 3–6–15; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA–2014–0311] 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 69 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 January 31, 2015. The exemptions expire on January 31, 2017. FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director, Carrier, Driver and Vehicle Safety Standards, (202) 366–4001, fmcsamedical@dot.gov, FMCSA, Room W64–224, Department of Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590– mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:04 Mar 06, 2015 Jkt 235001 II. Background On December 31, 2014, FMCSA published a notice of receipt of Federal diabetes exemption applications from 69 individuals and requested comments from the public (79 FR 78938). The public comment period closed on January 30, 2015, and no comments were received. FMCSA has evaluated the eligibility of the 69 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 PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 12545 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 69 applicants have had ITDM over a range of one to 44 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 December 31, 2014, Federal Register notice and they will not be repeated in this notice. III. Discussion of Comments FMCSA received no comments in this proceeding. 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. E:\FR\FM\09MRN1.SGM 09MRN1 12546 Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Notices 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 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. mstockstill on DSK4VPTVN1PROD with NOTICES VI. Conclusion Based upon its evaluation of the 69 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)): Joseph L. Allen (TX) Cory T. Anderson (KY) Ammon Ashby (UT) Wayne A. Aukes (MN) Ira M. Avant (UT) Eric W. Beasley (GA) Freddie W. Bermudez, Jr. (IL) Evelin B. Black (CA) Derrell K. Blanton (NC) Richard A. Boor Jimmy R. Bradley (OK) Stephen R. Brown (NH) Kenneth E. Chastain (TN) Jeffrey C. Colbert (AR) Nathan W. Cooper (IN) Gregory F. Darmody (RI) David A. Decker (MD) Kenny I. Dickerson (GA) James M. DiClaudio (NJ) Steven A. Dion (NY) Dean R. Duquette (ME) Joseph J. Eckstrom (NY) Ashford N. Eskaran (HI) Tyrone A. Green (NY) Morgan D. Hale, Jr. (KY) James J. Hartman (SD) VerDate Sep<11>2014 18:04 Mar 06, 2015 Jkt 235001 Dale H. Hintz (WI) Benjamin D. Horton (VA) Danny R. Jackson, Jr. (OR) Brian C. Jagdman (MD) Terry J. Johnson (MD) Robert L. Johnson, Jr. (OK) John F. Jones (OH) Michael W. Jones (NJ) Carl J. Kern, Jr. (PA) William C. Knight (TN) Monte J. Lakosky (MI) Aaron J. Larson (WI) Roger L. Larson (SD) Jeffrey G. Lawrence (AR) Leo D. Maggioli (MA) Ryan M. McClatchey (TN) Carl A. Mears, Jr. (VT) Laurence R. Middendorf (PA) Robert P. Miller (WI) James E. Neeley (MO) Nicholas M. Palocy (NY) Andrew S. Parks (CA) John D. Patterson (OH) Michael W. Perez (OH) Jerry Platero (NM) Darrell K. Rau (IA) Andrew B. Renninger (PA) Ryan T. Rock (ID) Wilfredo Rodriguez (NY) James T. Rogers (NC) Mark A. Santana (PA) Donald E. Scovil (NH) David E. Shinen (CA) Patrick A. Shryock (AR) Trevor J. Swanson (MN) Joshua C. Thompson (AZ) Jeffrey D. Thomson (WI) Marshall L. Wainwright (IL) Robert L. Whipple, Sr. (PA) Glenn Whitehouse (PA) Jennifer R. Williams (PA) John E. Yates (IN) Jeffrey S. Zimmer (NH) 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. Dated: March 2, 2015. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2015–05239 Filed 3–6–15; 8:45 am] BILLING CODE P PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Notice of Intent To Rule on Request to Release Airport Property From Aeronautical Use at the Grand Junction Regional Airport, Grand Junction, Colorado Federal Aviation Administration (FAA), DOT. ACTION: Notice of request to release airport property from aeronautical use. AGENCY: The FAA proposes to rule and invite public comment on the release of land from aeronautical use at the Grand Junction Regional Airport under the provisions of Section 125 of the Wendell H. Ford Aviation Investment Reform Act for the 21st Century (AIR 21), now 49 U.S.C. 47107(h)(2). DATES: Comments must be received on or before April 8, 2015. ADDRESSES: Comments on this application may be mailed or delivered to the FAA at the following address: Mr. John P. Bauer, Manager, Federal Aviation Administration, Northwest Mountain Region, Airports Division, Denver Airports District Office, 26805 E. 68th Avenue, Suite 224, Denver, Colorado 80249–6361. In addition, one copy of any comments submitted to the FAA must be mailed or delivered to Mr. Ben Johnson, Interim Airport Manager, Grand Junction Regional Airport, Grand Junction, Colorado, at the following address: Mr. Ben Johnson, Interim Airport Manager, Grand Junction Regional Airport, 2828 Walker Field Drive, Suite 301, Grand Junction, Colorado 81506. FOR FURTHER INFORMATION CONTACT: Mr. Marc Miller, Colorado Engineer/ Compliance Specialist, Federal Aviation Administration, Northwest Mountain Region, Denver Airports District Office, 26805 E. 68th Avenue, Suite 224, Denver, Colorado 80249–6361. The request to release property may be reviewed, by appointment, in person at this same location. SUPPLEMENTARY INFORMATION: The FAA invites public comment on the request to release property at the Grand Junction Regional Airport under the provisions of the AIR 21 (49 U.S.C. 47107(h)(2)). The FAA Modernization and Reform Act of 2012, HR 658, Section 817, gave the Secretary of Transportation the authorization to grant an airport, city, or county release from any of the terms, conditions, reservations, or restrictions contained in a deed under which the United States conveyed to the airport, city, or county an interest in real SUMMARY: E:\FR\FM\09MRN1.SGM 09MRN1

Agencies

[Federal Register Volume 80, Number 45 (Monday, March 9, 2015)]
[Notices]
[Pages 12545-12546]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-05239]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2014-0311]


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 69 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 January 31, 2015. The 
exemptions expire on January 31, 2017.

FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director, 
Carrier, Driver and Vehicle Safety Standards, (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 December 31, 2014, FMCSA published a notice of receipt of 
Federal diabetes exemption applications from 69 individuals and 
requested comments from the public (79 FR 78938). The public comment 
period closed on January 30, 2015, and no comments were received.
    FMCSA has evaluated the eligibility of the 69 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 69 applicants have had ITDM over a range of one to 44 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 December 31, 2014, Federal 
Register notice and they will not be repeated in this notice.

III. Discussion of Comments

    FMCSA received no comments in this proceeding.

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.

[[Page 12546]]

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 69 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)):

Joseph L. Allen (TX)
Cory T. Anderson (KY)
Ammon Ashby (UT)
Wayne A. Aukes (MN)
Ira M. Avant (UT)
Eric W. Beasley (GA)
Freddie W. Bermudez, Jr. (IL)
Evelin B. Black (CA)
Derrell K. Blanton (NC)
Richard A. Boor
Jimmy R. Bradley (OK)
Stephen R. Brown (NH)
Kenneth E. Chastain (TN)
Jeffrey C. Colbert (AR)
Nathan W. Cooper (IN)
Gregory F. Darmody (RI)
David A. Decker (MD)
Kenny I. Dickerson (GA)
James M. DiClaudio (NJ)
Steven A. Dion (NY)
Dean R. Duquette (ME)
Joseph J. Eckstrom (NY)
Ashford N. Eskaran (HI)
Tyrone A. Green (NY)
Morgan D. Hale, Jr. (KY)
James J. Hartman (SD)
Dale H. Hintz (WI)
Benjamin D. Horton (VA)
Danny R. Jackson, Jr. (OR)
Brian C. Jagdman (MD)
Terry J. Johnson (MD)
Robert L. Johnson, Jr. (OK)
John F. Jones (OH)
Michael W. Jones (NJ)
Carl J. Kern, Jr. (PA)
William C. Knight (TN)
Monte J. Lakosky (MI)
Aaron J. Larson (WI)
Roger L. Larson (SD)
Jeffrey G. Lawrence (AR)
Leo D. Maggioli (MA)
Ryan M. McClatchey (TN)
Carl A. Mears, Jr. (VT)
Laurence R. Middendorf (PA)
Robert P. Miller (WI)
James E. Neeley (MO)
Nicholas M. Palocy (NY)
Andrew S. Parks (CA)
John D. Patterson (OH)
Michael W. Perez (OH)
Jerry Platero (NM)
Darrell K. Rau (IA)
Andrew B. Renninger (PA)
Ryan T. Rock (ID)
Wilfredo Rodriguez (NY)
James T. Rogers (NC)
Mark A. Santana (PA)
Donald E. Scovil (NH)
David E. Shinen (CA)
Patrick A. Shryock (AR)
Trevor J. Swanson (MN)
Joshua C. Thompson (AZ)
Jeffrey D. Thomson (WI)
Marshall L. Wainwright (IL)
Robert L. Whipple, Sr. (PA)
Glenn Whitehouse (PA)
Jennifer R. Williams (PA)
John E. Yates (IN)
Jeffrey S. Zimmer (NH)

    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.

    Dated: March 2, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-05239 Filed 3-6-15; 8:45 am]
 BILLING CODE P