Qualification of Drivers; Exemption Applications; Diabetes Mellitus, 24313-24314 [2015-10070]

Download as PDF Federal Register / Vol. 80, No. 83 / Thursday, April 30, 2015 / Notices DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA–2014–0313] Qualification of Drivers; Exemption Applications; Diabetes Mellitus Federal Motor Carrier Safety Administration, DOT. ACTION: Notice of final disposition. AGENCY: FMCSA confirms its decision to exempt 78 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 March 24, 2015. The exemptions expire on March 24, 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: SUMMARY: mstockstill on DSK4VPTVN1PROD with NOTICES 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 February 19, 2015, FMCSA published a notice of receipt of Federal diabetes exemption applications from 78 individuals and requested comments from the public (80 FR 8629). The public comment period closed on March VerDate Sep<11>2014 17:01 Apr 29, 2015 Jkt 235001 23, 2015, and two comments were received. FMCSA has evaluated the eligibility of the 78 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 78 applicants have had ITDM over a range of one 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 complications. Each meets the vision requirement at 49 CFR 391.41(b)(10). The qualifications and medical condition of each applicant were stated PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 24313 and discussed in detail in the February 19, 2015, Federal Register notice and they will not be repeated in this notice. III. Discussion of Comments FMCSA received two comments in this proceeding. The comments are discussed below. An anonymous commenter stated he or she believes that it is discriminatory for truck driving schools and employers to disqualify applicants due to insulindependent diabetes and other medications they may take. Gabriel Villa stated she believes all of the drivers listed in this notices should be granted an exemption since they have received their endocrinologist’s approval. 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 E:\FR\FM\30APN1.SGM 30APN1 24314 Federal Register / Vol. 80, No. 83 / Thursday, April 30, 2015 / Notices 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 78 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)): Timothy R. Adkins (KY) John Angelesco, III (MA) Matthew D. Anthony (MN) Daniel S. Arke (HI) Raul Arlequin, Jr. (NJ) Dale A. Bahr (WI) Darren E. Barrett (TX) Chad W. Beeman (NY) William W. Bell III (VT) Jeffrey S. Bohle (IA) Bradley T. Boyd (IA) Bradley M. Brauer (NE) Gary W. Brendel (NY) Thomas Browning (PA) Kell D. Busby, Jr. (MI) Norman W. Camp (TN) Rafael B. Castillo (NJ) Camille M. Converse-Smith (WI) Zachary D. Craig (ND) Terry R. Darnall (IL) Raymond W. Dropps (MN) Curtis W. Fox (IN) William H. Geiselhart, Jr. (PA) Darrel G. Goetz (MO) Chris S. Hammack (CO) James P. Hancock, Jr. (PA) Donald S. Hanson (MN) Michael Hasley (AR) Gene A. Heibult (SD) Ronald R. Herrington (WV) Jay H. Hess (PA) Kevin L. Holmes (IL) Claude E. Hoskins (WA) Brian L. Hughes (PA) Ulysses Jones, II (IN) Sean M. Jordan (PA) Steven N. Kemp (TX) Tracy A. Knake (IA) Cory D. Knowles (TN) Eric J. Kuster (IA) Daniel J. Lacroix (MA) Robert E. Lane (IN) James D. Langer (WI) Jason C. Lewis (MD) Corey A. Maas (KS) James P. MacDonald (MA) Michael T. Markowitz (IL) Timothy D. Maxson (NY) Roger McDonald (UT) Cuy D. McGuire (MD) Roy A. Montalvan (PA) VerDate Sep<11>2014 17:01 Apr 29, 2015 Jkt 235001 William M. Nafus (PA) Harold L. Overholtzer (PA) Pandy T. Perry (VA) Justin M. Powell (NC) Jackie Riley (NC) Rudy A. Rodriguez (OR) R.N. Schoonmaker (NY) Philip M. Schopp (MO) Andrew T. Segetti (CT) Roger L. Shones (MN) William L. Sirabella (RI) Ronald D. Strobo (FL) Rodney H. Swartz John S. Tingley (VT) David A. Tipps (IL) Keith J. Tschetter (ND) Sean E. Twohig (NY) Robert A. Wais (NY) Ashley D. Waite (VT) Jimmie W. Ward (NC) Michael R. Waskow (WI) Brent J. Weber (CO) James B. Westphal (WI) Nathan L. Wilkerson (UT) John A. Winquist (SD) Robert J. Wyand (NY) Michael E. Zincone (RI) 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: April 20, 2015. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2015–10070 Filed 4–29–15; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–xxxx–xxxx] Reports, Forms, and Record Keeping Requirements National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Notice. AGENCY: The National Highway Traffic Safety Administration (NHTSA) is announcing an opportunity for public SUMMARY: PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 comment on the proposed collection of certain information by the Agency. Under the Paperwork Reduction Act of 1995 (the PRA), Federal Agencies are required to publish a notice in the Federal Register concerning each proposed collection of information and to allow 60 days for public comment in response to the notice. This notice solicits comments on an information collection supporting Driver Distraction Measurement Research. DATES: Comments must be received on or before June 29, 2015. ADDRESSES: You may submit comments using any of the following methods: Electronic submissions: Go to https:// www.regulations.gov. Follow the online instructions for submitting comments. Mail: Docket Management Facility, M–30, U.S. Department of Transportation, West Building, Ground Floor, 1200 New Jersey Ave. SE., Room W12–140, Washington, DC 20590. Hand Delivery: West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Fax: (202) 493–2251. Instructions: Each submission must include the Agency name and the Docket number for this Notice. Note that all comments received will be posted without changes to https:// www.regulations.gov including any personal information provided. FOR FURTHER INFORMATION CONTACT: Elizabeth Mazzae, Applied Crash Avoidance Research Division, Vehicle Research and Test Center, NHTSA, 10820 State Route 347—Bldg. 60, East Liberty, Ohio 43319; Telephone (937) 666–4511; Facsimile: (937) 666–3590; email address: elizabeth.mazzae@ dot.gov. Under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520), before an agency submits a proposed collection of information to OMB for approval, it must first publish a document in the Federal Register providing a 60-day comment period and otherwise consult with members of the public and affected agencies concerning each proposed collection of information. The OMB has promulgated regulations describing what must be included in such a document. Under OMB’s regulation (at 5 CFR 1320.8(d), an agency must ask for public comment on the following: (i) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; SUPPLEMENTARY INFORMATION: E:\FR\FM\30APN1.SGM 30APN1

Agencies

[Federal Register Volume 80, Number 83 (Thursday, April 30, 2015)]
[Notices]
[Pages 24313-24314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-10070]



[[Page 24313]]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2014-0313]


Qualification of Drivers; Exemption Applications; Diabetes 
Mellitus

AGENCY: Federal Motor Carrier Safety Administration, DOT.

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA confirms its decision to exempt 78 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 March 24, 2015. The exemptions 
expire on March 24, 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 February 19, 2015, FMCSA published a notice of receipt of 
Federal diabetes exemption applications from 78 individuals and 
requested comments from the public (80 FR 8629). The public comment 
period closed on March 23, 2015, and two comments were received.
    FMCSA has evaluated the eligibility of the 78 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 78 applicants have had ITDM over a range of one 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 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 February 19, 2015, Federal 
Register notice and they will not be repeated in this notice.

III. Discussion of Comments

    FMCSA received two comments in this proceeding. The comments are 
discussed below.
    An anonymous commenter stated he or she believes that it is 
discriminatory for truck driving schools and employers to disqualify 
applicants due to insulin-dependent diabetes and other medications they 
may take.
    Gabriel Villa stated she believes all of the drivers listed in this 
notices should be granted an exemption since they have received their 
endocrinologist's approval.

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

[[Page 24314]]

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 78 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)):

Timothy R. Adkins (KY)
John Angelesco, III (MA)
Matthew D. Anthony (MN)
Daniel S. Arke (HI)
Raul Arlequin, Jr. (NJ)
Dale A. Bahr (WI)
Darren E. Barrett (TX)
Chad W. Beeman (NY)
William W. Bell III (VT)
Jeffrey S. Bohle (IA)
Bradley T. Boyd (IA)
Bradley M. Brauer (NE)
Gary W. Brendel (NY)
Thomas Browning (PA)
Kell D. Busby, Jr. (MI)
Norman W. Camp (TN)
Rafael B. Castillo (NJ)
Camille M. Converse-Smith (WI)
Zachary D. Craig (ND)
Terry R. Darnall (IL)
Raymond W. Dropps (MN)
Curtis W. Fox (IN)
William H. Geiselhart, Jr. (PA)
Darrel G. Goetz (MO)
Chris S. Hammack (CO)
James P. Hancock, Jr. (PA)
Donald S. Hanson (MN)
Michael Hasley (AR)
Gene A. Heibult (SD)
Ronald R. Herrington (WV)
Jay H. Hess (PA)
Kevin L. Holmes (IL)
Claude E. Hoskins (WA)
Brian L. Hughes (PA)
Ulysses Jones, II (IN)
Sean M. Jordan (PA)
Steven N. Kemp (TX)
Tracy A. Knake (IA)
Cory D. Knowles (TN)
Eric J. Kuster (IA)
Daniel J. Lacroix (MA)
Robert E. Lane (IN)
James D. Langer (WI)
Jason C. Lewis (MD)
Corey A. Maas (KS)
James P. MacDonald (MA)
Michael T. Markowitz (IL)
Timothy D. Maxson (NY)
Roger McDonald (UT)
Cuy D. McGuire (MD)
Roy A. Montalvan (PA)
William M. Nafus (PA)
Harold L. Overholtzer (PA)
Pandy T. Perry (VA)
Justin M. Powell (NC)
Jackie Riley (NC)
Rudy A. Rodriguez (OR)
R.N. Schoonmaker (NY)
Philip M. Schopp (MO)
Andrew T. Segetti (CT)
Roger L. Shones (MN)
William L. Sirabella (RI)
Ronald D. Strobo (FL)
Rodney H. Swartz
John S. Tingley (VT)
David A. Tipps (IL)
Keith J. Tschetter (ND)
Sean E. Twohig (NY)
Robert A. Wais (NY)
Ashley D. Waite (VT)
Jimmie W. Ward (NC)
Michael R. Waskow (WI)
Brent J. Weber (CO)
James B. Westphal (WI)
Nathan L. Wilkerson (UT)
John A. Winquist (SD)
Robert J. Wyand (NY)
Michael E. Zincone (RI)
    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: April 20, 2015.
Larry W. Minor,
 Associate Administrator for Policy.
[FR Doc. 2015-10070 Filed 4-29-15; 8:45 am]
 BILLING CODE 4910-EX-P