Qualification of Drivers; Exemption Applications; Diabetes Mellitus, 79411-79412 [2015-31975]
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Federal Register / Vol. 80, No. 244 / Monday, December 21, 2015 / Notices
exemption, he would not be able to testdrive prototype CMVs on U.S. roads.
Mr. Kehm holds a valid German
commercial license and is an
experienced operator of CMVs. In the
application for exemption, Daimler also
submitted documentation showing his
safe German driving record.
V. Method To Ensure an Equivalent or
Greater Level of Safety
According to Daimler, the
requirements for a German-issued
commercial license ensure that drivers
meet or exceed the same level of safety
as if these drivers had obtained a U.S.
CDL. Mr. Kehm is familiar with the
operation of CMVs worldwide and will
be accompanied at all times by a driver
who holds a U.S. CDL and is familiar
with the routes to be traveled. FMCSA
has determined that the process for
obtaining a commercial license in
Germany is comparable to that for
obtaining a CDL issued by one of the
States and adequately assesses the
driver’s ability to operate CMVs safely
in the United States.
mstockstill on DSK4VPTVN1PROD with NOTICES
VI. FMCSA Decision
Based upon the merits of this
application, including Mr. Kehm’s
extensive driving experience and safety
record, and the fact that he has
successfully completed the requisite
training and testing to obtain a German
commercial license, FMCSA concluded
that the exemption would likely achieve
a level of safety that is equivalent to or
greater than the level that would be
achieved absent such exemption, in
accordance with § 381.305(a).
VII. Terms and Conditions for the
Exemption
FMCSA grants Daimler and Mr.
Philipp Kehm an exemption from the
CDL requirement in 49 CFR 383.23 to
allow Mr. Kehm to drive CMVs in this
country without a U.S. State-issued
CDL, subject to the following terms and
conditions: (1) The driver and carrier
must comply with all other applicable
provisions of the Federal Motor Carrier
Safety Regulations (FMCSRs) (49 CFR
parts 350–399); (2) the driver must be in
possession of the exemption document
and a valid German commercial license;
(3) the driver must be employed by and
operate the CMV within the scope of his
duties for Daimler; (4) at all times while
operating a CMV under this exemption,
the driver must be accompanied by a
holder of a U.S. CDL who is familiar
with the routes traveled; (5) Daimler
must notify FMCSA in writing within 5
business days of any accident, as
defined in 49 CFR 390.5, involving this
driver; and (6) Daimler must notify
VerDate Sep<11>2014
17:38 Dec 18, 2015
Jkt 238001
FMCSA in writing if this driver is
convicted of a disqualifying offense
under § 383.51 or § 391.15 of the
FMCSRs.
In accordance with 49 U.S.C. 31315
and 31136(e), the exemption will be
valid for 2 years unless revoked earlier
by the FMCSA. The exemption will be
revoked if (1) Mr. Kehm fails to comply
with the terms and conditions of the
exemption; (2) the exemption results in
a lower level of safety than was
maintained before it was granted; or (3)
continuation of the exemption would be
inconsistent with the goals and
objectives of 49 U.S.C. 31315 and 31136.
VIII. Preemption
In accordance with 49 U.S.C.
31315(d), as implemented by 49 CFR
381.600, during the period this
exemption is in effect, no State shall
enforce any law or regulation applicable
to interstate or intrastate commerce that
conflicts with or is inconsistent with
this exemption with respect to a firm or
person operating under the exemption.
Issued on: December 10, 2015.
T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2015–31959 Filed 12–18–15; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[FMCSA Docket No. FMCSA–2015–0064]
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 46 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 9, 2015. The exemptions
expire on September 9, 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.
SUMMARY:
PO 00000
Frm 00110
Fmt 4703
Sfmt 4703
79411
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 August 6, 2015, FMCSA published
a notice of receipt of Federal diabetes
exemption applications from 46
individuals and requested comments
from the public (80 FR 47024). The
public comment period closed on
September 8, 2015, and no comments
were received.
FMCSA has evaluated the eligibility
of the 46 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
E:\FR\FM\21DEN1.SGM
21DEN1
79412
Federal Register / Vol. 80, No. 244 / Monday, December 21, 2015 / Notices
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 46 applicants have had ITDM
over a range of 1 to 47 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 6,
2015, Federal Register notice and they
will not be repeated in this notice.
III. Discussion of Comments
FMCSA received no comments in this
proceeding.
mstockstill on DSK4VPTVN1PROD with NOTICES
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.
VerDate Sep<11>2014
17:38 Dec 18, 2015
Jkt 238001
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.
VI. Conclusion
Based upon its evaluation of the 46
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)):
Earl H. Andreas (PA)
Kristopher K. Bitting (PA)
Eric A. Bouldin (TX)
Joel K. Bredeson (WY)
Clinton L. Carlaw, III (WI)
Victor Carranza (IA)
Steven A. Casavant (RI)
Justin M. Coffey (RI)
Steven W. Conrad, Jr. (PA)
Jeremy L. Demar (MN)
Anthony C. Eavenson (NM)
Markie Q. Elsey (MD)
Michael W. Finnegan (NJ)
Gale A. Gallagher (IL)
Scott E. Gallagher (VA)
David L. Hareland (MN)
J. Dale Hogrefe (MN)
Moazzam Imtiaz (FL)
Brian C. Kennerson (NH)
Garrett P. Lockwood (IN)
Sean P. McNally (AZ)
Ryan A. McNaught (AZ)
James S. Miller (PA)
Paul R. Monfils (RI)
Bryan Moser (AR)
Richard G. Murman (PA)
PO 00000
Frm 00111
Fmt 4703
Sfmt 4703
Anthony J. Nault (NH)
Sammie J. Nazzise (UT)
Doyle C. Owens (NM)
Alvin W. Peck, Jr. (SD)
Roy R. Phelps (CA)
Loran L. Ragar (MO)
Larry W. Reed (TN)
Joey D. Renfrow (NC)
Phillip J. Rigling (TN)
Kenneth W. Romjue (OK)
Robert T. Scott (OH)
Larry Sherman (AR)
John Smeal (PA)
Ronald G. Smeltzer (IN)
Randy E. Smith (PA)
Curtis G. Taylor (WA)
Jacob F.M. Tucker (UT)
Jeremy D. Urbanosky (TX)
Joseph T. Webb, Jr. (NH)
Douglas L. Zerkle (OH)
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 9, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015–31975 Filed 12–18–15; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2015–0239]
Parts and Accessories Necessary for
Safe Operation; Volvo Trucks of North
America Application for an Exemption
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
The Federal Motor Carrier
Safety Administration (FMCSA)
announces its decision to grant Volvo
Trucks of North America’s (Volvo)
application for a limited 2-year
exemption from 49 CFR 393.60(e)(1) on
behalf of motor carriers operating Volvo
commercial motor vehicles (CMVs) to
use a rain and ambient light detection
sensor mounted in the windshield area
SUMMARY:
E:\FR\FM\21DEN1.SGM
21DEN1
Agencies
[Federal Register Volume 80, Number 244 (Monday, December 21, 2015)]
[Notices]
[Pages 79411-79412]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31975]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[FMCSA Docket No. FMCSA-2015-0064]
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 46 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 9, 2015. The
exemptions expire on September 9, 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: 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 August 6, 2015, FMCSA published a notice of receipt of Federal
diabetes exemption applications from 46 individuals and requested
comments from the public (80 FR 47024). The public comment period
closed on September 8, 2015, and no comments were received.
FMCSA has evaluated the eligibility of the 46 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
[[Page 79412]]
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 46 applicants have had ITDM over a range of 1 to 47 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 6, 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 46 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)):
Earl H. Andreas (PA)
Kristopher K. Bitting (PA)
Eric A. Bouldin (TX)
Joel K. Bredeson (WY)
Clinton L. Carlaw, III (WI)
Victor Carranza (IA)
Steven A. Casavant (RI)
Justin M. Coffey (RI)
Steven W. Conrad, Jr. (PA)
Jeremy L. Demar (MN)
Anthony C. Eavenson (NM)
Markie Q. Elsey (MD)
Michael W. Finnegan (NJ)
Gale A. Gallagher (IL)
Scott E. Gallagher (VA)
David L. Hareland (MN)
J. Dale Hogrefe (MN)
Moazzam Imtiaz (FL)
Brian C. Kennerson (NH)
Garrett P. Lockwood (IN)
Sean P. McNally (AZ)
Ryan A. McNaught (AZ)
James S. Miller (PA)
Paul R. Monfils (RI)
Bryan Moser (AR)
Richard G. Murman (PA)
Anthony J. Nault (NH)
Sammie J. Nazzise (UT)
Doyle C. Owens (NM)
Alvin W. Peck, Jr. (SD)
Roy R. Phelps (CA)
Loran L. Ragar (MO)
Larry W. Reed (TN)
Joey D. Renfrow (NC)
Phillip J. Rigling (TN)
Kenneth W. Romjue (OK)
Robert T. Scott (OH)
Larry Sherman (AR)
John Smeal (PA)
Ronald G. Smeltzer (IN)
Randy E. Smith (PA)
Curtis G. Taylor (WA)
Jacob F.M. Tucker (UT)
Jeremy D. Urbanosky (TX)
Joseph T. Webb, Jr. (NH)
Douglas L. Zerkle (OH)
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 9, 2015.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-31975 Filed 12-18-15; 8:45 am]
BILLING CODE 4910-EX-P