Qualification of Drivers; Exemption Applications; Diabetes Mellitus, 49299-49301 [2015-20188]
Download as PDF
Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Notices
Comments must be received on
or before September 30, 2015.
ADDRESSES: Send comments on this
document to Ms. Cayla Morgan at the
Federal Aviation Administration, 1601
Lind Avenue SW., Renton, Washington,
98057–3356, Telephone 425–227–2653.
FOR FURTHER INFORMATION CONTACT:
Documents are available for review by
appointment by contacting Ms. Cayla
Morgan, Telephone 425–227–2653,
Federal Aviation Administration, 1601
Lind Avenue SW., Renton, Washington.
DATES:
Issued in Renton, Washington on August
11, 2015.
Joelle Briggs,
Assistant, Manager, Seattle Airports District
Office.
[FR Doc. 2015–20289 Filed 8–14–15; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Buy America Waiver Notification
Federal Highway
Administration (FHWA), DOT.
ACTION: Notice.
AGENCY:
This notice provides
information regarding FHWA’s finding
that a Buy America waiver is
appropriate for the use of non-domestic
steel products contained in (1) Helical
Bevel gearbox Rebuild kits for trail lock
machinery, (2) Trail lock brake motors,
(3) R1 and R2 Reducer Subcomponents,
(4) Spherical Roller Bearings for bridge
operating machinery, (5) Diesel Engine
for Hydraulic Power Unit for emergency
drive system, and (6) Hydraulic Vane
Motor for emergency Hydraulic drive
system in the State of New York.
DATES: The effective date of the waiver
is August 18, 2015.
FOR FURTHER INFORMATION CONTACT: For
questions about this notice, please
contact Mr. Gerald Yakowenko, FHWA
Office of Program Administration, (202)
366–1562, or via email at
gerald.yakowenko@dot.gov. For legal
questions, please contact Mr. Jomar
Maldonado, FHWA Office of the Chief
Counsel, (202) 366–1373, or via email at
Jomar.Maldonado@dot.gov. Office hours
for the FHWA are from 8:00 a.m. to 4:30
p.m., e.t., Monday through Friday,
except Federal holidays.
SUPPLEMENTARY INFORMATION:
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
Electronic Access
An electronic copy of this document
may be downloaded from the Federal
Register’s home page at: https://
www.archives.gov and the Government
VerDate Sep<11>2014
16:57 Aug 14, 2015
Jkt 235001
Printing Office’s database at: https://
www.access.gpo.gov/nara.
Background
The FHWA’s Buy America policy in
23 CFR 635.410 requires a domestic
manufacturing process for any steel or
iron products (including protective
coatings) that are permanently
incorporated in a Federal-aid
construction project. The regulation also
provides for a waiver of the Buy
America requirements when the
application would be inconsistent with
the public interest or when satisfactory
quality domestic steel and iron products
are not sufficiently available. This
notice provides information regarding
FHWA’s finding that a Buy America
waiver is appropriate for use of nondomestic steel product contained in (1)
Helical Bevel gearbox Rebuild kits for
trail lock machinery, (2) Trail lock brake
motors, (3) R1 and R2 Reducer
Subcomponents, (4) Spherical Roller
Bearings for bridge operating
machinery, (5) Diesel Engine for
Hydraulic Power Unit for emergency
drive system, and (6) Hydraulic Vane
Motor for emergency Hydraulic drive
system in the State of New York.
In accordance with Division K,
section 122 of the ‘‘Consolidated and
Further Continuing Appropriations Act,
2015’’ (Pub. L. 113–235), FHWA
published a notice of intent to issue a
waiver on its Web site for non-domestic
steel cable nets (https://
www.fhwa.dot.gov/construction/
contracts/waivers.cfm?id=109) on June
18. The FHWA received no comments
in response to the publication. During
the 15-day comment period, FHWA
conducted additional review to locate
potential domestic manufacturers of (1)
Helical Bevel gearbox Rebuild kits for
trail lock machinery, (2) Trail lock brake
motors, (3) R1 and R2 Reducer
Subcomponents, (4) Spherical Roller
Bearings for bridge operating
machinery, (5) Diesel Engine for
Hydraulic Power Unit for emergency
drive system, and (6) Hydraulic Vane
Motor for emergency Hydraulic drive
system. Based on all the information
available to the agency, FHWA
concludes that there are no domestic
manufacturers of (1) Helical Bevel
gearbox Rebuild kits for trail lock
machinery, (2) Trail lock brake motors,
(3) R1 and R2 Reducer Subcomponents,
(4) Spherical Roller Bearings for bridge
operating machinery, (5) Diesel Engine
for Hydraulic Power Unit for emergency
drive system, and (6) Hydraulic Vane
Motor for emergency Hydraulic drive
system.
In accordance with the provisions of
section 117 of the SAFETEA–LU
PO 00000
Frm 00102
Fmt 4703
Sfmt 4703
49299
Technical Corrections Act of 2008 (Pub.
L. 110–244, 122 Stat. 1572), FHWA is
providing this notice as its finding that
a waiver of Buy America requirements
is appropriate. The FHWA invites
public comment on this finding for an
additional 15 days following the
effective date of the finding. Comments
may be submitted to FHWA’s Web site
via the link provided to the New York
waiver page noted above.
(Authority: 23 U.S.C. 313; Pub. L. 110–161,
23 CFR 635.410)
Issued on: August 10, 2015.
Gregory G. Nadeau,
Acting Administrator, Federal Highway
Administration.
[FR Doc. 2015–20183 Filed 8–14–15; 8:45 am]
BILLING CODE 4910–22–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[FMCSA Docket No. FMCSA–2015–0060]
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 49 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 July 7, 2015. The exemptions expire
on July 7, 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:
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
E:\FR\FM\17AUN1.SGM
17AUN1
49300
Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Notices
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.
mstockstill on DSK4VPTVN1PROD with NOTICES
II. Background
On June 4, 2015, FMCSA published a
notice of receipt of Federal diabetes
exemption applications from 49
individuals and requested comments
from the public (80 FR 31949). The
public comment period closed on July 6,
2015, and no comments were received.
FMCSA has evaluated the eligibility
of the 49 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 49 applicants have had ITDM
over a range of one to 43 years. These
applicants report no severe
hypoglycemic reactions resulting in loss
VerDate Sep<11>2014
16:57 Aug 14, 2015
Jkt 235001
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 June 4,
2015, 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.
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
PO 00000
Frm 00103
Fmt 4703
Sfmt 4703
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.
VI. Conclusion
Based upon its evaluation of the 49
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)):
Craig S. Barton (UT)
Kevin H. Bennerson (NY)
Eugene Butler (AR)
Dominick M. Ciuffreda (MA)
Allen D. Clise (MD)
John W. Dillard (TX)
Derek P. Elkins (AZ)
Joshua J. Ellett (IN)
Raymond C. Erschen (PA)
Dominic C. Frisina (PA)
David D. Gambill (NC)
Dennis T. Gannon (NJ)
Arnold W. Geske (MN)
Alan G. Gladhill (MD)
Richard A. Hall (IL)
Dwight L. Hawkins (NC)
Craig L. Jackson (WY)
Wayne A. Jadezuk (NY)
Lee L. Kropp (WI)
Douglas B. Lampela (MI)
David E. Lawton (MA)
Babe A. Lisai (NY)
Adrian Martinez-Alba (TX)
Robert S. Medberry (OH)
Daniel Mendolia (NY)
Gary L. Mjoness (ND)
Marty G. Niles (MT)
Timothy W. Olden (NJ)
John Palermo (NJ)
Dennis P. Pantone (NY)
John N. Peterson (WI)
Robert L. Potter, Jr. (NH)
Todd M. Raether (NE)
Michael A. Ramsey (CT)
Gene P. Rhodes Sr. (PA)
Peter B. Rzadkowski, Jr. (IL)
Jeffrey J. Salvador (MI)
Michael A. Scavotto (MA)
Michael Schmidt (PA)
Steven J. Schmitt (MN)
Carl J. Schneider (PA)
John R. Sherbondy (PA)
Douglas J. Smith (NY)
E:\FR\FM\17AUN1.SGM
17AUN1
Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Notices
Johnathan C. Steffes (CA)
Carmen M. Stellitano (PA)
Andy L. Strommenger (CO)
Jared Villa (ND)
Robert T. Warriner (NJ)
Ellis E. Wilkins (MA)
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.
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2014–0373]
Qualification of Drivers; Exemption
Applications; Narcolepsy
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of denial of exemption
applications.
AGENCY:
FMCSA announces its
decision to deny applications from three
individuals seeking exemptions from
the prohibitions against operating a
commercial motor vehicle (CMV) in
interstate commerce by persons with: (1)
Either a clinical diagnosis of epilepsy or
any other condition that is likely to
cause a loss of consciousness or any loss
of ability to operate a CMV safely, or (2)
a mental, nervous, organic, or functional
disease or psychiatric disorder likely to
interfere with his/her ability to drive a
commercial motor vehicle safely.
FMCSA has statutory authority to
exempt individuals from certain parts of
the Federal Motor Carrier Safety
Regulations, if the exemptions granted
will not compromise safety. The Agency
must conclude that granting these
exemptions provides a level of safety
that will be equivalent to or greater than
the level of safety maintained without
the exemptions for these CMV drivers.
mstockstill on DSK4VPTVN1PROD with NOTICES
16:57 Aug 14, 2015
Jkt 235001
This decision is effective July 24,
2015.
FOR FURTHER INFORMATION CONTACT:
Charles A. Horan III, Director, Office of
Carrier, Driver and Vehicle Safety
Standards, (202) 366–4001, or via email
at fmcsamedical@dot.gov, or by letter
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.
Background
[FR Doc. 2015–20188 Filed 8–14–15; 8:45 am]
VerDate Sep<11>2014
DATES:
SUPPLEMENTARY INFORMATION:
Issued on: August 7, 2015.
Larry W. Minor,
Associate Administrator for Policy.
SUMMARY:
Based on a review of the applications
and following an opportunity for public
comment, FMCSA has concluded that
the individuals did not demonstrate that
they could achieve a level of safety that
is equivalent to, or greater than, the
level of safety that would be obtained by
complying with the regulation.
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption from
the Federal Motor Carrier Safety
Regulations for a 2-year period if it finds
‘‘such exemption would likely achieve a
level of safety that is equivalent to or
greater than the level that would be
achieved absent such exemption.’’
FMCSA can renew exemptions at the
end of each 2-year period. The three
individuals listed in this notice have
each requested such an exemption from
the physical qualification requirements
in 49 CFR 391.41(b)(8) and (b)(9), which
applies to drivers of CMVs in interstate
commerce. Accordingly, the Agency
evaluates the qualifications of each
applicant to determine whether granting
an exemption will achieve the required
level of safety mandated by statute.
Narcolepsy is a chronic neurological
disorder caused by autoimmune
destruction of hypocretin-producing
neurons inhibiting the brain’s ability to
regulate sleep-wake cycles normally.
Persons with narcolepsy experience
frequent excessive daytime sleepiness,
comparable to how non-narcoleptics
feel after 24 to 48 hours of sleep
deprivation, as well as disturbed
nocturnal sleep, which often is confused
with insomnia. See NIH Narcolepsy Fact
Sheet at www.ninds.nih.gov/disorders/
narcolepsy/detail_narcolepsy.htm.
The Agency considered the topic of
narcolepsy and the potential impact on
commercial drivers in a 2009 Evidence
Report. The Evidence Report
‘‘Narcolepsy (with and without
cataplexy) and Commercial Motor
PO 00000
Frm 00104
Fmt 4703
Sfmt 4703
49301
Vehicle Driver Safety’’ addressed
several key questions.1
Key Question 1: Are individuals with
narcolepsy (with and without cataplexy)
at an increased risk for a motor vehicle
crash when compared to comparable
individuals without the disorder?
Key Question 2: Do currently
recommended treatments for narcolepsy
reduce the risk for a motor vehicle
crash?
Key question 2 was further divided
into several questions concerning the
impact of various medication therapies
for narcolepsy on driver safety. The
complete report is included in the
docket FMCSA 2014–0373.
The evidence report reviewed studies
from the available literature and
evaluated outcomes on measures of
Excessive Daytime Sleepiness (EDS),
cataplexy, event rate, measures of
cognitive and psychomotor function,
and driving performance. For key
question 1, the currently available
evidence (both direct and indirect)
supports the contention that drivers
with narcolepsy are at an increased risk
for a motor vehicle crash when
compared to otherwise similar
individuals who do not have the
disorder. The strength of the evidence
was rated as strong. The direct evidence
(from three crash studies) (study quality
rating of ‘‘Low’’) conducted with nonCMV drivers showed that individuals
with narcolepsy are at an increased risk
for a crash compared to individuals who
do not have narcolepsy. The indirect
evidence (studies of driving tests and
driving simulation, quality rating
‘‘moderate’’), examined factors
associated with simulated driving
outcomes, (driving performance,
tracking error, fewer correct responses
and more instances of going out of
bounds compared to healthy controls).
In summary, while there are limitations
in the quality of the studies that
examined direct crash risk in the
evidence base, all study results showed
a strong effect size and statistical
significance. Indirect evidence of crash
provides strong support for the direct
crash study findings. Based upon
available information, there is strong
evidence that non-commercial drivers
with narcolepsy are at an increased risk
of crash.
Concerning key question 2 and its
sub-questions, the American Academy
of Sleep Medicine (AASM) and the
European Federation of Neurological
Societies recommend modafinil as the
first-line of treatment and
1 Evidence Report: Narcolepsy (with and without
cataplexy) and Commercial Motor Vehicle Driver
Safety; October 6, 2009.
E:\FR\FM\17AUN1.SGM
17AUN1
Agencies
[Federal Register Volume 80, Number 158 (Monday, August 17, 2015)]
[Notices]
[Pages 49299-49301]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20188]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[FMCSA Docket No. FMCSA-2015-0060]
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 49 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 July 7, 2015. The exemptions
expire on July 7, 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
[[Page 49300]]
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 June 4, 2015, FMCSA published a notice of receipt of Federal
diabetes exemption applications from 49 individuals and requested
comments from the public (80 FR 31949). The public comment period
closed on July 6, 2015, and no comments were received.
FMCSA has evaluated the eligibility of the 49 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 49 applicants have had ITDM over a range of one to 43 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 June 4, 2015, 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.
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 49 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)):
Craig S. Barton (UT)
Kevin H. Bennerson (NY)
Eugene Butler (AR)
Dominick M. Ciuffreda (MA)
Allen D. Clise (MD)
John W. Dillard (TX)
Derek P. Elkins (AZ)
Joshua J. Ellett (IN)
Raymond C. Erschen (PA)
Dominic C. Frisina (PA)
David D. Gambill (NC)
Dennis T. Gannon (NJ)
Arnold W. Geske (MN)
Alan G. Gladhill (MD)
Richard A. Hall (IL)
Dwight L. Hawkins (NC)
Craig L. Jackson (WY)
Wayne A. Jadezuk (NY)
Lee L. Kropp (WI)
Douglas B. Lampela (MI)
David E. Lawton (MA)
Babe A. Lisai (NY)
Adrian Martinez-Alba (TX)
Robert S. Medberry (OH)
Daniel Mendolia (NY)
Gary L. Mjoness (ND)
Marty G. Niles (MT)
Timothy W. Olden (NJ)
John Palermo (NJ)
Dennis P. Pantone (NY)
John N. Peterson (WI)
Robert L. Potter, Jr. (NH)
Todd M. Raether (NE)
Michael A. Ramsey (CT)
Gene P. Rhodes Sr. (PA)
Peter B. Rzadkowski, Jr. (IL)
Jeffrey J. Salvador (MI)
Michael A. Scavotto (MA)
Michael Schmidt (PA)
Steven J. Schmitt (MN)
Carl J. Schneider (PA)
John R. Sherbondy (PA)
Douglas J. Smith (NY)
[[Page 49301]]
Johnathan C. Steffes (CA)
Carmen M. Stellitano (PA)
Andy L. Strommenger (CO)
Jared Villa (ND)
Robert T. Warriner (NJ)
Ellis E. Wilkins (MA)
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: August 7, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-20188 Filed 8-14-15; 8:45 am]
BILLING CODE 4910-EX-P