Qualification of Drivers; Exemption Applications; Diabetes Mellitus, 45205-45206 [2016-16429]

Download as PDF Federal Register / Vol. 81, No. 133 / Tuesday, July 12, 2016 / Notices II. Background hours of supervised operating experience and no fewer than two landings. [FR Doc. 2016–16413 Filed 7–11–16; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA–2015–0338] Qualification of Drivers; Exemption Applications; Diabetes Mellitus Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. AGENCY: III. Diabetes Mellitus and Driving Experience of the Applicants 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 January 14, 2016. The exemptions expire on January 14, 2018. 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: mstockstill on DSK3G9T082PROD 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 notice (DOT/ALL–14 FDMS), which can be reviewed at www.dot.gov/privacy. VerDate Sep<11>2014 18:30 Jul 11, 2016 Jkt 238001 On December 14, 2015, FMCSA published a notice of receipt of Federal diabetes exemption applications from 44 individuals and requested comments from the public (80 FR 77408). The public comment period closed on January 13, 2016. 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). 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 37 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 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 45205 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 December 14, 2015, Federal Register notice and they will not be repeated in this notice. IV. Discussion of Comments FMCSA received no comments in this proceeding. V. 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. VI. 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 E:\FR\FM\12JYN1.SGM 12JYN1 45206 Federal Register / Vol. 81, No. 133 / Tuesday, July 12, 2016 / Notices copy of the certification when driving, for presentation to a duly authorized Federal, State, or local enforcement official. mstockstill on DSK3G9T082PROD with NOTICES VII. 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 49 CFR 391.64(b)). Shannon M. Anfindsen (GA) Jessie L. Arrant, Jr. (GA) Joseph M. Benech (RI) Mark L. Birch (WI) Shane M. Burgard (MN) Jonathan W. Cottom (PA) David J. Davenport (WA) Wesley O. Davis (SC) Steven P. DelPizzo (PA) Savering F. Demiter (PA) Brandon A. Dipasquale (NY) Gregory P. Doyle (CO) Scott A. Fetner (AL) Alfredo Flores (KS) Timothy D. Funk (IL) James D. Gage (MI) Leslie G. Goodwin (KS) Diane M. Greenberg (VA) Brent P. Griswold (NY) Earl E. Hudson, III (SC) Gregory A. Huffman (TX) Donald R. Kuehn (MN) Robert D. Lair, Jr. (AR) Mark A. Leman (IL) Terry D. Leuthold (MT) Michael S. Massa (PA) Jordan L. Moss (GA) Ted A. Moyer (FL) Lynette A. Occhipinti (WA) Derek D. Patrick (MI) Joseph M. Petrucci (NH) James W. Prather (OH) Edward O. Prosser (RI) Dennis L. Ruff (WA) William J. Shrader (CA) Ronald L. Smith (KS) Wayne D. Smith (VT) Carnnell A. Taite (MI) Garrett J. Tousignant (IL) Franklin G. Towell (IN) Robert S. Townsend (NH) Zachary C. Warrick (NE) Zachary C. White (CA) Mark K. Wittig (NY) 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 VerDate Sep<11>2014 18:30 Jul 11, 2016 Jkt 238001 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: June 29, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016–16429 Filed 7–11–16; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2014–0177] Crash Weighting Analysis Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice; response to public comments. AGENCY: On January 23, 2015, FMCSA announced the results of the Agency’s study on the feasibility of using a motor carrier’s role in crashes in the assessment of the company’s safety. This study assessed (1) whether Police Accident Reports (PARs) provide sufficient, consistent, and reliable information to support crash weighting determinations; (2) whether a crash weighting determination process would offer an even stronger predictor of crash risk than overall crash involvement and how crash weighting would be implemented in the Agency’s Safety Measurement System (SMS); and (3) how FMCSA might manage a process for making crash weighting determinations, including the acceptance of public input. Based on the feedback received in response to the January 23, 2015, Federal Register notice, FMCSA conducted additional analysis to improve the effectiveness of the Crash Indicator Behavior Analysis and Safety Improvement Category (BASIC). In addition, the Agency will develop and implement a demonstration program to determine the efficacy of a program to conduct preventability determinations on certain types of crashes that generally are less complex. ADDRESSES: Docket: For access to the docket to read background documents or comments, go to www.regulations.gov at any time or visit 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., ET, Monday through Friday, except Federal holidays. The on-line SUMMARY: PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 Federal document management system is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a self-addressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments on-line. 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. FOR FURTHER INFORMATION CONTACT: For information contact Mr. Catterson Oh, Compliance Division, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590, Telephone 202–366–2247 or by email: Catterson.Oh@dot.gov. If you have questions on viewing or submitting material to the docket, contact Docket Operations, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: I. Background The Compliance, Safety, Accountability (CSA) program is FMCSA’s enforcement model that allows the Agency and its State partners to identify and address motor carrier safety problems before crashes occur. The Agency’s SMS quantifies the onroad safety performance of motor carriers to prioritize enforcement resources. FMCSA first announced the implementation of the SMS in the Federal Register on April 9, 2010 (75 FR 18256) (Docket No. FMCSA–2004– 18898). Violations are sorted into BASICs, which include a Crash Indicator BASIC. Since its implementation in 2010, the SMS has used recordable crash records involving commercial motor vehicles (CMVs) that are submitted by the States through the Agency’s Motor Carrier Management Information System, in addition to compliance and safety performance in other BASICs, to prioritize carriers for safety interventions. The Agency uses the definition of ‘‘accident’’ in 49 CFR 390.5, which means an occurrence involving a CMV operating on a highway in interstate or intrastate commerce that results in: (i) A fatality; (ii) bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or (iii) one or more motor vehicles incurring disabling damage as a result of the accident, E:\FR\FM\12JYN1.SGM 12JYN1

Agencies

[Federal Register Volume 81, Number 133 (Tuesday, July 12, 2016)]
[Notices]
[Pages 45205-45206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16429]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2015-0338]


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 January 14, 2016. The 
exemptions expire on January 14, 2018.

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 December 14, 2015, FMCSA published a notice of receipt of 
Federal diabetes exemption applications from 44 individuals and 
requested comments from the public (80 FR 77408). The public comment 
period closed on January 13, 2016.
    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).

III. 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 37 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 December 14, 2015, Federal 
Register notice and they will not be repeated in this notice.

IV. Discussion of Comments

    FMCSA received no comments in this proceeding.

V. 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.

VI. 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

[[Page 45206]]

copy of the certification when driving, for presentation to a duly 
authorized Federal, State, or local enforcement official.

VII. 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 49 CFR 
391.64(b)).

Shannon M. Anfindsen (GA)
Jessie L. Arrant, Jr. (GA)
Joseph M. Benech (RI)
Mark L. Birch (WI)
Shane M. Burgard (MN)
Jonathan W. Cottom (PA)
David J. Davenport (WA)
Wesley O. Davis (SC)
Steven P. DelPizzo (PA)
Savering F. Demiter (PA)
Brandon A. Dipasquale (NY)
Gregory P. Doyle (CO)
Scott A. Fetner (AL)
Alfredo Flores (KS)
Timothy D. Funk (IL)
James D. Gage (MI)
Leslie G. Goodwin (KS)
Diane M. Greenberg (VA)
Brent P. Griswold (NY)
Earl E. Hudson, III (SC)
Gregory A. Huffman (TX)
Donald R. Kuehn (MN)
Robert D. Lair, Jr. (AR)
Mark A. Leman (IL)
Terry D. Leuthold (MT)
Michael S. Massa (PA)
Jordan L. Moss (GA)
Ted A. Moyer (FL)
Lynette A. Occhipinti (WA)
Derek D. Patrick (MI)
Joseph M. Petrucci (NH)
James W. Prather (OH)
Edward O. Prosser (RI)
Dennis L. Ruff (WA)
William J. Shrader (CA)
Ronald L. Smith (KS)
Wayne D. Smith (VT)
Carnnell A. Taite (MI)
Garrett J. Tousignant (IL)
Franklin G. Towell (IN)
Robert S. Townsend (NH)
Zachary C. Warrick (NE)
Zachary C. White (CA)
Mark K. Wittig (NY)

    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: June 29, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-16429 Filed 7-11-16; 8:45 am]
 BILLING CODE 4910-EX-P