Qualification of Drivers; Exemption Applications; Diabetes Mellitus, 77079-77080 [2015-31266]

Download as PDF Federal Register / Vol. 80, No. 238 / Friday, December 11, 2015 / Notices the specific quantity set out in that note for Panama for CY 2016). notice (DOT/ALL–14 FDMS), which can be reviewed at www.dot.gov/privacy. Darci L. Vetter, Chief Agricultural Negotiator, Office of the United States Trade Representative. II. Background On August 12, 2015, FMCSA published a notice of receipt of Federal diabetes exemption applications from 44 individuals and requested comments from the public (80 FR 48396). The public comment period closed on September 11, 2015, and 3 comments were received. FMCSA has evaluated the eligibility of the 44 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). [FR Doc. 2015–31192 Filed 12–10–15; 8:45 am] BILLING CODE 3290–F6–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA–2015–0065] 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 44 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 September 12, 2015. The exemptions expire on September 12, 2017. FOR FURTHER INFORMATION CONTACT: Christine A. Hydock, Chief, Medical Programs Division, (202) 366–4001, fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64– 113, Washington, DC 20590–0001. Office hours are from 8:30 a.m. to 5 p.m. e.t., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: SUMMARY: jstallworth on DSK7TPTVN1PROD with NOTICES I. Electronic Access You may see all the comments online through the Federal Document Management System (FDMS) at: http:// www.regulations.gov. Docket: For access to the docket to read background documents or comments, go to http:// 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 VerDate Sep<11>2014 14:55 Dec 10, 2015 Jkt 238001 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 44 applicants have had ITDM over a range of 1 to 41 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 PO 00000 Frm 00154 Fmt 4703 Sfmt 4703 77079 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 August 12, 2015, Federal Register notice and they will not be repeated in this notice. III. Discussion of Comments FMCSA received 3 comments in this proceeding. Jamie Savarese and Louis Savarese believe that Jackson A. Savarese should be granted an exemption. While Donald R. Meckley, Jr. stated that his name was spelled incorrectly in the request for comments. The spelling has been corrected in this notice. 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 E:\FR\FM\11DEN1.SGM 11DEN1 77080 Federal Register / Vol. 80, No. 238 / Friday, December 11, 2015 / Notices 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. jstallworth on DSK7TPTVN1PROD with NOTICES VI. Conclusion Based upon its evaluation of the 44 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)): Larry J. Afseth (MN) Reyanldo R. Amaro (TX) Brandon C. Bair (NV) Karl A. Brown (MA) Margaret K. Chezum (IA) James K. Copley (WV) Francis C. Coryea (NY) Richard L. Corzine (IL) Kevin D. Crouse (CA) Thomas A. Draper (CA) Tyler J. Emmert (MN) Wade A. Firn (MN) John J. Fortman (ND) Jamey M. George (MO) Matthew Harkanson (PA) Kenneth P. Hazel (NM) Tracy D. Henderson (NM) Gary H. Jacobs (VT) Jack L. Lane, Jr. (KS) Thomas J. Leffingwell (NY) Jordan S. Leventhal (CT) Travis C. McMonagle (CA) Donald R. Meckley, Jr. (MD) Jeffrey K. Moore (KY) Michael A. Moore, Sr. (MA) Fernando A. Munoz (TX) Sidney T. Nalley Jr. (GA) Jason B. Nolte (IN) Kenneth H. Owens (GA) James G. Pruitt (MO) Thomas V. Ransom (ID) Raymond D. Reber (IN) Frank L. Rice (IL) Bernard L. Robinson (VA) Jackson A. Savarese (TX) Richard A. Sawyer (ME) Bruno T. Schizzano (NY) Christopher S. Seago (NE) Jamie A. Solem (MN) Joseph W. Sprague (NM) Cory M. Vance (IN) Derrick L. Vaughn (TX) Anthony J. Vicario (NY) Henry D. Yeska, III (PA) In accordance with 49 U.S.C. 31136(e) and 31315 each exemption is valid for VerDate Sep<11>2014 14:55 Dec 10, 2015 Jkt 238001 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: December 2, 2015. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2015–31266 Filed 12–10–15; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Transit Administration Limitation on Claims Against a Proposed Public Transportation Project Federal Transit Administration (FTA), DOT. ACTION: Notice. AGENCY: This notice announces final environmental actions taken by the Federal Transit Administration (FTA) for a project in Bellevue, WA. The purpose of this notice is to announce publicly the environmental decisions by FTA on the subject project and to activate the limitation on any claims that may challenge these final environmental actions. DATES: By this notice, FTA is advising the public of final agency actions subject to Section 139(l) of Title 23, United States Code (U.S.C.). A claim seeking judicial review of FTA actions announced herein for the listed public transportation project will be barred unless the claim is filed on or before May 9, 2016. FOR FURTHER INFORMATION CONTACT: Nancy-Ellen Zusman, Assistant Chief Counsel, Office of Chief Counsel, (312) 353–2577 or Terence Plaskon, Environmental Protection Specialist, Office of Environmental Programs, (202) 366–0442. FTA is located at 1200 New Jersey Avenue SE., Washington, DC 20590. Office hours are from 9:00 a.m. to 5:30 p.m., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Notice is hereby given that FTA has taken final agency actions by issuing certain approvals for the public transportation SUMMARY: PO 00000 Frm 00155 Fmt 4703 Sfmt 9990 project listed below. The actions on the project, as well as the laws under which such actions were taken, are described in the documentation issued in connection with the project to comply with the National Environmental Policy Act (NEPA) and in other documents in the FTA administrative record for the project. Interested parties may contact either the project sponsor or the relevant FTA Regional Office for more information. Contact information for FTA’s Regional Offices may be found at http://www.fta.dot.gov. This notice applies to all FTA decisions on the listed project as of the issuance date of this notice and all laws under which such actions were taken, including, but not limited to, NEPA [42 U.S.C. 4321–4375], Section 4(f) of the Department of Transportation Act of 1966 [49 U.S.C. 303], Section 106 of the National Historic Preservation Act [16 U.S.C. 470f], and the Clean Air Act [42 U.S.C. 7401–7671q]. This notice does not, however, alter or extend the limitation period for challenges of project decisions subject to previous notices published in the Federal Register. The project and actions that are the subject of this notice are: Project name and location: Link Light Rail Operations and Maintenance Satellite Facility, Bellevue, WA. Project sponsor: Central Puget Sound Regional Transit Authority (Sound Transit). Project description: The proposed project would provide service and inspection functions to support approximately 90 light rail vehicles and would be used to store, maintain, and dispatch vehicles for daily service. Final agency actions: No use determination of Section 4(f) resources; Section 106 finding of no historic properties affected; project-level air quality conformity; and Record of Decision, dated November 4, 2015. Supporting documentation: Final Environmental Impact Statement, dated September 25, 2015. Lucy Garliauskas, Associate Administrator Planning and Environment. [FR Doc. 2015–31225 Filed 12–10–15; 8:45 am] BILLING CODE P E:\FR\FM\11DEN1.SGM 11DEN1

Agencies

[Federal Register Volume 80, Number 238 (Friday, December 11, 2015)]
[Notices]
[Pages 77079-77080]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31266]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2015-0065]


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 44 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 September 12, 2015. The 
exemptions expire on September 12, 2017.

FOR FURTHER INFORMATION CONTACT: Christine A. Hydock, Chief, Medical 
Programs Division, (202) 366-4001, fmcsamedical@dot.gov, FMCSA, 
Department of Transportation, 1200 New Jersey Avenue SE., Room W64-113, 
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m. 
e.t., 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: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or 
comments, go to http://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 August 12, 2015, FMCSA published a notice of receipt of Federal 
diabetes exemption applications from 44 individuals and requested 
comments from the public (80 FR 48396). The public comment period 
closed on September 11, 2015, and 3 comments were received.
    FMCSA has evaluated the eligibility of the 44 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 44 applicants have had ITDM over a range of 1 to 41 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 August 12, 2015, Federal Register 
notice and they will not be repeated in this notice.

III. Discussion of Comments

    FMCSA received 3 comments in this proceeding. Jamie Savarese and 
Louis Savarese believe that Jackson A. Savarese should be granted an 
exemption. While Donald R. Meckley, Jr. stated that his name was 
spelled incorrectly in the request for comments. The spelling has been 
corrected in this notice.

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

[[Page 77080]]

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 44 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)):

Larry J. Afseth (MN)
Reyanldo R. Amaro (TX)
Brandon C. Bair (NV)
Karl A. Brown (MA)
Margaret K. Chezum (IA)
James K. Copley (WV)
Francis C. Coryea (NY)
Richard L. Corzine (IL)
Kevin D. Crouse (CA)
Thomas A. Draper (CA)
Tyler J. Emmert (MN)
Wade A. Firn (MN)
John J. Fortman (ND)
Jamey M. George (MO)
Matthew Harkanson (PA)
Kenneth P. Hazel (NM)
Tracy D. Henderson (NM)
Gary H. Jacobs (VT)
Jack L. Lane, Jr. (KS)
Thomas J. Leffingwell (NY)
Jordan S. Leventhal (CT)
Travis C. McMonagle (CA)
Donald R. Meckley, Jr. (MD)
Jeffrey K. Moore (KY)
Michael A. Moore, Sr. (MA)
Fernando A. Munoz (TX)
Sidney T. Nalley Jr. (GA)
Jason B. Nolte (IN)
Kenneth H. Owens (GA)
James G. Pruitt (MO)
Thomas V. Ransom (ID)
Raymond D. Reber (IN)
Frank L. Rice (IL)
Bernard L. Robinson (VA)
Jackson A. Savarese (TX)
Richard A. Sawyer (ME)
Bruno T. Schizzano (NY)
Christopher S. Seago (NE)
Jamie A. Solem (MN)
Joseph W. Sprague (NM)
Cory M. Vance (IN)
Derrick L. Vaughn (TX)
Anthony J. Vicario (NY)
Henry D. Yeska, III (PA)

    In accordance with 49 U.S.C. 31136(e) and 31315 each exemption is 
valid for two years unless revoked earlier by FMCSA. The exemption will 
be revoked if the following occurs: (1) The person fails to comply with 
the terms and conditions of the exemption; (2) the exemption has 
resulted in a lower level of safety than was maintained before it was 
granted; or (3) continuation of the exemption would not be consistent 
with the goals and objectives of 49 U.S.C. 31136(e) and 31315. If the 
exemption is still effective at the end of the 2-year period, the 
person may apply to FMCSA for a renewal under procedures in effect at 
that time.

    Issued on: December 2, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-31266 Filed 12-10-15; 8:45 am]
 BILLING CODE 4910-EX-P