Qualification of Drivers; Exemption Applications; Diabetes Mellitus, 59223-59224 [2015-24925]
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Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / Notices
This AC is effective on October
1, 2015.
ADDRESSES: How to obtain copies: A
copy of this publication may be
downloaded from: https://www.faa.gov/
search/?q=ac+187-1.
FOR FURTHER INFORMATION CONTACT: Ms.
Tish Thompkins, Flight Standards
Service, AFS–50, Federal Aviation
Administration, 800 Independence
Avenue SW., Washington, DC 20591,
telephone (202) 267–0996.
DATES:
Issued in Washington, DC, on September
16, 2015.
John Barbagallo,
Deputy Director, Flight Standards Service.
[FR Doc. 2015–24959 Filed 9–30–15; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Summary Notice No. 2015–56]
Petition for Exemption; Summary of
Petition Received; Robert Ponti
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice.
AGENCY:
This notice contains a
summary of a petition seeking relief
from specified requirements of Title 14
of the Code of Federal Regulations. The
purpose of this notice is to improve the
public’s awareness of, and participation
in, the FAA’s exemption process.
Neither publication of this notice nor
the inclusion or omission of information
in the summary is intended to affect the
legal status of the petition or its final
disposition.
DATES: Comments on this petition must
identify the petition docket number and
must be received on or before October
21, 2015.
ADDRESSES: Send comments identified
by docket number FAA–2015–3493
using any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov and follow
the online instructions for sending your
comments electronically.
• Mail: Send comments to Docket
Operations, M–30; U.S. Department of
Transportation (DOT), 1200 New Jersey
Avenue SE., Room W12–140, West
Building Ground Floor, Washington, DC
20590–0001.
• Hand Delivery or Courier: Take
comments to Docket Operations in
Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
Avenue SE., Washington, DC, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
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SUMMARY:
VerDate Sep<11>2014
21:04 Sep 30, 2015
Jkt 238001
• Fax: Fax comments to Docket
Operations at 202–493–2251.
Privacy: 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
https://www.regulations.gov, as
described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at https://www.dot.gov/
privacy.
Docket: Background documents or
comments received may be read at
https://www.regulations.gov at any time.
Follow the online instructions for
accessing the docket or go to the Docket
Operations in Room W12–140 of the
West Building Ground Floor at 1200
New Jersey Avenue SE., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Sandra K. Long, Program Analyst, 202–
267–4714, Office of Rulemaking,
Federal Aviation Administration, 800
Independence Avenue SW.,
Washington, DC 20591 Sandra.long@
faa.gov .
This notice is published pursuant to
14 CFR 11.85.
Issued in Washington, DC, on September
25, 2015.
Lirio Liu,
Director, Office of Rulemaking.
Petition for Exemption
Docket No.: FAA–2015–3493.
Petitioner: Robert J. Ponti.
Section(s) of 14 CFR Affected: 14 CFR
61.73(g).
Description of Relief Sought
Petitioner seeks relief to obtain a
flight instructor certificate and rating
based on his U.S. Military
documentation as a designated
Instructor Co-Pilot.
[FR Doc. 2015–24826 Filed 9–30–15; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[FMCSA Docket No. FMCSA–2015–0062]
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
SUMMARY:
PO 00000
Frm 00091
Fmt 4703
Sfmt 4703
59223
prohibiting persons with insulin-treated
diabetes mellitus (ITDM) from operating
commercial motor vehicles (CMVs) in
interstate commerce. The exemptions
enable these individuals to operate
CMVs in interstate commerce.
DATES: The exemptions were effective
on August 1, 2015. The exemptions
expire on August 1, 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 July 1, 2015, FMCSA published a
notice of receipt of Federal diabetes
exemption applications from 49
individuals and requested comments
from the public (80 FR 37719). The
public comment period closed on July
31, 2015, and one comment was
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
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01OCN1
59224
Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES6
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 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 July 1,
2015, Federal Register notice and they
will not be repeated in this notice.
IV. Basis for Exemption Determination
III. Discussion of Comments
VI. Conclusion
FMCSA received one comment in this
proceeding. The comment is addressed
below.
Joel Price stated that the exemptions
should be granted if the drivers are able
to prove that their conditions are stable
and properly monitored.
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)):
Adele M. Aasen (ND)
VerDate Sep<11>2014
21:04 Sep 30, 2015
Jkt 238001
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 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.
PO 00000
Frm 00092
Fmt 4703
Sfmt 9990
Kyle E. Beine (WI)
Dean B. Bibens, Jr. (CT)
Joseph M. Blackwell (GA)
Joseph G. Blastick (SD)
Gary W. Boninsegna (OH)
Brian K. Bouma (MI)
Billy J. Bronson (OR)
Michael L. Campbell (NC)
Steven C. Cornell (PA)
Josiah L. Crestik (MN)
Richard L. Cunningham (NE)
Thomas M. Delasko (FL)
William T. Eason (NC)
Stefan D. Gall (MI)
Douglas J. Garrison (IA)
Charles F. Gollahon (OH)
Donald E. Gray (FL)
Daniel W. Gregory (NC)
Barry L. Grimes, Sr. (MD)
Dennis J. Grimm (DE)
Stephen G. Helmer (NE)
Kenneth P. Henry (WA)
Marco K. Higgs (OR)
Jeffrey T. Hunley (NC)
Colin S. Jackson (WA)
Dennis J. Klawes (WI)
John E. Marshall (PA)
Andrew Milite (NY)
Peter E. Mizialko (NJ)
Matthew E. Modlin (NC)
Michael I. Moore (IN)
Clyde S. Morgan (MN)
Richard M. Ohland (MN)
James D. Parrish (NC)
Justin D. Redding (MT)
Alex R. Rumph (MT)
Kenneth S. Schoenberger (PA)
Jarred E. Shawles (CA)
Charles M. Smith (PA)
Howard L. Smith (IL)
Jeffrey S. Snyder (PA)
Jerry L. Stevens (NE)
Todd Stover (PA)
Kevin G. Sundquist (MN)
David N. Tetlak (PA)
Dennis P. Walker, Jr. (OH)
Horace V. Watson (GA)
Jeremy W. Wolfe (MO)
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: September 25, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015–24925 Filed 9–30–15; 8:45 am]
BILLING CODE 4910–EX–P
E:\FR\FM\01OCN1.SGM
01OCN1
]]>Agencies
[Federal Register Volume 80, Number 190 (Thursday, October 1, 2015)]
[Notices]
[Pages 59223-59224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24925]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[FMCSA Docket No. FMCSA-2015-0062]
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 August 1, 2015. The exemptions
expire on August 1, 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 July 1, 2015, FMCSA published a notice of receipt of Federal
diabetes exemption applications from 49 individuals and requested
comments from the public (80 FR 37719). The public comment period
closed on July 31, 2015, and one comment was 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
[[Page 59224]]
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 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 July 1, 2015, 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
addressed below.
Joel Price stated that the exemptions should be granted if the
drivers are able to prove that their conditions are stable and properly
monitored.
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)):
Adele M. Aasen (ND)
Kyle E. Beine (WI)
Dean B. Bibens, Jr. (CT)
Joseph M. Blackwell (GA)
Joseph G. Blastick (SD)
Gary W. Boninsegna (OH)
Brian K. Bouma (MI)
Billy J. Bronson (OR)
Michael L. Campbell (NC)
Steven C. Cornell (PA)
Josiah L. Crestik (MN)
Richard L. Cunningham (NE)
Thomas M. Delasko (FL)
William T. Eason (NC)
Stefan D. Gall (MI)
Douglas J. Garrison (IA)
Charles F. Gollahon (OH)
Donald E. Gray (FL)
Daniel W. Gregory (NC)
Barry L. Grimes, Sr. (MD)
Dennis J. Grimm (DE)
Stephen G. Helmer (NE)
Kenneth P. Henry (WA)
Marco K. Higgs (OR)
Jeffrey T. Hunley (NC)
Colin S. Jackson (WA)
Dennis J. Klawes (WI)
John E. Marshall (PA)
Andrew Milite (NY)
Peter E. Mizialko (NJ)
Matthew E. Modlin (NC)
Michael I. Moore (IN)
Clyde S. Morgan (MN)
Richard M. Ohland (MN)
James D. Parrish (NC)
Justin D. Redding (MT)
Alex R. Rumph (MT)
Kenneth S. Schoenberger (PA)
Jarred E. Shawles (CA)
Charles M. Smith (PA)
Howard L. Smith (IL)
Jeffrey S. Snyder (PA)
Jerry L. Stevens (NE)
Todd Stover (PA)
Kevin G. Sundquist (MN)
David N. Tetlak (PA)
Dennis P. Walker, Jr. (OH)
Horace V. Watson (GA)
Jeremy W. Wolfe (MO)
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: September 25, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-24925 Filed 9-30-15; 8:45 am]
BILLING CODE 4910-EX-P
