Qualification of Drivers; Exemption Applications; Diabetes Mellitus, 59728-59729 [2016-20783]

Download as PDF 59728 Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Notices DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA–[2016–0039] 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 65 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 June 8, 2016. The exemptions expire on June 8, 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: I. Electronic Access mstockstill on DSK3G9T082PROD with NOTICES 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 May 9, 2016, FMCSA published a notice of receipt of Federal diabetes exemption applications from 65 individuals and requested comments from the public (81 FR 28121. The public comment period closed on June VerDate Sep<11>2014 20:04 Aug 29, 2016 Jkt 238001 8, 2016, and one comments was received. FMCSA has evaluated the eligibility of the 65 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 65 applicants have had ITDM over a range of 1 to 35 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 PO 00000 Frm 00132 Fmt 4703 Sfmt 4703 and discussed in detail in the May 9, 2016, Federal Register notice and they will not be repeated in this notice. III. Discussion of Comments FMCSA received one comment in this proceeding. Samer M. Valle stated he will comply with all stipulations of the exemption when it is granted. 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 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. E:\FR\FM\30AUN1.SGM 30AUN1 Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Notices mstockstill on DSK3G9T082PROD with NOTICES VI. Conclusion Based upon its evaluation of the 65 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)): Israel R.H. Alvarez (KS) Matthew P. Ambrose (OH) Christopher M. Anderson (AR) Juan Arvizu (FL) Steven E. Beining (OH) Steven Belback (PA) Joseph N. Beller (TX) Roger D. Bragg (WV) Jonathan Bu (NJ) John Ciesmelewski (NJ) Ernest W. Collett (TX) Daniel C. Crider (MN) Charla J. Donahy (TX) Jason A. Edington (TN) Richard D. Florio, Jr. (NY) Tyler J. Francis (KS) Calvin L. Frew (ID) Juda Friedman (NY) Dean Gage (NY) William Gallagher (PA) Michael A. Gervasio (NY) Harvey E. Gordon (MA) James W. Gorman, Jr. (MD) Christopher L. Greene (WY) Gregor C. Guisewhite (PA) Aleaha M. Hallgren (IL) Dennis T. Harding (MN) Brandon R. Hart (TX) Carl E. Hawkins (IL) Craig J. Hebbeln (IA) Stephen E. Hochmiller (CO) Jack V. Holloway (IL) Richard L. Hubbard (MN) Sondra R. Jones (TX) John F. Kelleher, Jr. (MA) Stephen A. Kinney (MI) Russell L. Koehn (IL) Timothy C. LaRue (FL) Joseph M. Lopes (NH) Ronald G. Mundt (WI) Derrick C. Nailon (MN) William B. Onimus (PA) Jesus O. Orellana (RI) Victor M. Orta (TX) Travis J. Partridge (IA) Adam L. Pennings (MN) Tyler D. Pittsley (ND) William D. Powell (IL) Lee A. Pulda (WI) Dustin L. Renfroe (TX) Robert D. Risk (IN) David C. Roberts (SD) Richard L. Robinson (MI) Randy Rowe (IL) William K. Sawyer II (NM) Jeffrey J. Schnacker (NE) Jeffrey D. Smith (MD) Anthony G. Stellatos (NJ) Trent A. Stuber (IL) Samer M. Valle (TX) VerDate Sep<11>2014 20:04 Aug 29, 2016 Jkt 238001 LaDon L. Wallin (MN) Thomas J. Warren (MN) Richard D. Webb (NY) Grady L. Wilson, Jr. (FL) Karl S. Yauneridge (MD) 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 17, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016–20783 Filed 8–29–16; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Docket Number FRA–2016–0069] Petition for Waiver of Compliance In accordance with part 211 of title 49 Code of Federal Regulations (CFR), this provides the public notice that by a document dated June 13, 2016, Delaware Coast Line Railroad (DCLR) has petitioned the Federal Railroad Administration (FRA) for a waiver of compliance from certain provisions of the Federal railroad safety regulations contained at 49 CFR 223.11, Safety Glazing Standards—Requirements for existing locomotives. FRA assigned the petition Docket Number FRA–2016– 0069. DCLR petitioned FRA to grant a waiver of compliance from 49 CFR 223.11 for locomotives identified as DCLR182 (1962 ALCO RS18), DCLR4024 (1978 GE B23–7), DCLR 4054 (1978 GE B23–7), and DCLR R007 (1957 GE 60 Ton). These four locomotives would operate at a maximum speed of 10 mph, providing freight service only. The waiver is being sought due to the high cost to replace the existing glass. A copy of the petition, as well as any written communications concerning the petition, is available for review online at www.regulations.gov and in person at the U.S. Department of Transportation’s (DOT) Docket Operations Facility, 1200 New Jersey Avenue SE., W12–140, PO 00000 Frm 00133 Fmt 4703 Sfmt 9990 59729 Washington, DC 20590. The Docket Operations Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except Federal Holidays. Interested parties are invited to participate in these proceedings by submitting written views, data, or comments. FRA does not anticipate scheduling a public hearing in connection with these proceedings since the facts do not appear to warrant a hearing. If any interested party desires an opportunity for oral comment, they should notify FRA, in writing, before the end of the comment period and specify the basis for their request. All communications concerning these proceedings should identify the appropriate docket number and may be submitted by any of the following methods: • Web site: http:// www.regulations.gov. Follow the online instructions for submitting comments. • Fax: 202–493–2251. • Mail: Docket Operations Facility, U.S. Department of Transportation, 1200 New Jersey Avenue SE., W12–140, Washington, DC 20590. • Hand Delivery: 1200 New Jersey Avenue SE., Room W12–140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. Communications received by October 14, 2016 will be considered by FRA before final action is taken. Comments received after that date will be considered as far as practicable. Anyone is able to search the electronic form of any written communication and comment regarding any of our dockets by the name of the individual submitting the comment (or signing the document, if submitted on behalf of an association, business, labor union, etc.). In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its processes. 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. See also https:// www.regulations.gov/privacyNotice for the privacy notice of regulations.gov. Issued in Washington, DC, on August 25, 2016. John Karl Alexy, Director, Office of Safety Analysis. [FR Doc. 2016–20845 Filed 8–29–16; 8:45 am] BILLING CODE 4910–06–P E:\FR\FM\30AUN1.SGM 30AUN1

Agencies

[Federal Register Volume 81, Number 168 (Tuesday, August 30, 2016)]
[Notices]
[Pages 59728-59729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20783]



[[Page 59728]]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-[2016-0039]


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 65 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 June 8, 2016. The exemptions 
expire on June 8, 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 May 9, 2016, FMCSA published a notice of receipt of Federal 
diabetes exemption applications from 65 individuals and requested 
comments from the public (81 FR 28121. The public comment period closed 
on June 8, 2016, and one comments was received.
    FMCSA has evaluated the eligibility of the 65 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 65 applicants have had ITDM over a range of 1 to 35 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 May 9, 2016, Federal Register 
notice and they will not be repeated in this notice.

III. Discussion of Comments

    FMCSA received one comment in this proceeding. Samer M. Valle 
stated he will comply with all stipulations of the exemption when it is 
granted.

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.

[[Page 59729]]

VI. Conclusion

    Based upon its evaluation of the 65 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)):

Israel R.H. Alvarez (KS)
Matthew P. Ambrose (OH)
Christopher M. Anderson (AR)
Juan Arvizu (FL)
Steven E. Beining (OH)
Steven Belback (PA)
Joseph N. Beller (TX)
Roger D. Bragg (WV)
Jonathan Bu (NJ)
John Ciesmelewski (NJ)
Ernest W. Collett (TX)
Daniel C. Crider (MN)
Charla J. Donahy (TX)
Jason A. Edington (TN)
Richard D. Florio, Jr. (NY)
Tyler J. Francis (KS)
Calvin L. Frew (ID)
Juda Friedman (NY)
Dean Gage (NY)
William Gallagher (PA)
Michael A. Gervasio (NY)
Harvey E. Gordon (MA)
James W. Gorman, Jr. (MD)
Christopher L. Greene (WY)
Gregor C. Guisewhite (PA)
Aleaha M. Hallgren (IL)
Dennis T. Harding (MN)
Brandon R. Hart (TX)
Carl E. Hawkins (IL)
Craig J. Hebbeln (IA)
Stephen E. Hochmiller (CO)
Jack V. Holloway (IL)
Richard L. Hubbard (MN)
Sondra R. Jones (TX)
John F. Kelleher, Jr. (MA)
Stephen A. Kinney (MI)
Russell L. Koehn (IL)
Timothy C. LaRue (FL)
Joseph M. Lopes (NH)
Ronald G. Mundt (WI)
Derrick C. Nailon (MN)
William B. Onimus (PA)
Jesus O. Orellana (RI)
Victor M. Orta (TX)
Travis J. Partridge (IA)
Adam L. Pennings (MN)
Tyler D. Pittsley (ND)
William D. Powell (IL)
Lee A. Pulda (WI)
Dustin L. Renfroe (TX)
Robert D. Risk (IN)
David C. Roberts (SD)
Richard L. Robinson (MI)
Randy Rowe (IL)
William K. Sawyer II (NM)
Jeffrey J. Schnacker (NE)
Jeffrey D. Smith (MD)
Anthony G. Stellatos (NJ)
Trent A. Stuber (IL)
Samer M. Valle (TX)
LaDon L. Wallin (MN)
Thomas J. Warren (MN)
Richard D. Webb (NY)
Grady L. Wilson, Jr. (FL)
Karl S. Yauneridge (MD)
    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 17, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-20783 Filed 8-29-16; 8:45 am]
BILLING CODE 4910-EX-P