80 FR 45573 - Qualification of Drivers; Exemption Applications; Vision
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 80, Issue 146 (July 30, 2015)
Federal Motor Carrier Safety Administration
Federal Register Volume 80, Issue 146 (July 30, 2015)
| Page Range | 45573-45575 | |
| FR Document | 2015-18674 |
[Federal Register Volume 80, Number 146 (Thursday, July 30, 2015)] [Notices] [Pages 45573-45575] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-18674] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2014-0305] Qualification of Drivers; Exemption Applications; Vision AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. ----------------------------------------------------------------------- SUMMARY: FMCSA announces its decision to exempt 35 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs). They are unable to meet the vision requirement in one eye for various reasons. The exemptions will enable these individuals to operate commercial motor vehicles (CMVs) in interstate commerce without meeting the prescribed vision requirement in one eye. The Agency has concluded that granting these exemptions will provide a level of safety that is equivalent to or greater than the level of safety maintained without the exemptions for these CMV drivers. DATES: The exemptions were granted May 27, 2015. The exemptions expire on May 27, 2017. FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director, Carrier, Driver and Vehicle Safety Standards, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., Monday through Friday, except Federal holidays. If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366- 9826. 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 April 23, 2015, FMCSA published a notice of receipt of exemption applications from certain individuals, and requested comments from the public (80 FR 22773). That notice listed 35 applicants' case histories. The 35 individuals applied for exemptions from the vision requirement in 49 CFR 391.41(b)(10), for drivers who operate CMVs in interstate commerce. Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption for a 2-year period if it finds ``such exemption would likely achieve a level of safety that is equivalent to or greater than the level that would be achieved absent such exemption.'' The statute also allows the Agency to renew exemptions at the end of the 2-year period. Accordingly, FMCSA has evaluated the 35 applications on their merits and made a determination to grant exemptions to each of them. III. Vision and Driving Experience of the Applicants The vision requirement in the FMCSRs provides: A person is physically qualified to drive a commercial motor vehicle if that person has distant visual acuity of at least 20/40 (Snellen) in each eye without corrective lenses or visual acuity separately corrected to 20/40 (Snellen) or better with corrective lenses, distant binocular acuity of at least 20/40 (Snellen) in both eyes with or without corrective lenses, field of vision of at least 70[deg] in the horizontal meridian in each eye, and the ability to recognize the colors of traffic signals and devices showing red, green, and amber (49 CFR 391.41(b)(10)). FMCSA recognizes that some drivers do not meet the vision requirement but have adapted their driving to accommodate their vision limitation and demonstrated their ability to drive safely. The 35 exemption applicants listed in this notice are in this category. They are unable to meet the vision requirement in one eye for various reasons, including amblyopia, macular scar, optic atrophy, enucleation, optic nerve hypoplasia, corneal scar, aphakia, complete loss of vision, deformed retina, retinal scar, refractive amblyopia, central macula scar, light perception, retinal detachment, large choroidal scar over macula, and chorioretinal scar. In most cases, their eye conditions were not recently developed. Nineteen of the applicants were either born with their vision impairments or have had them since childhood. The 16 individuals that sustained their vision conditions as adults have had it for a range of two to 52 years. Although each applicant has one eye which does not meet the vision requirement in 49 CFR 391.41(b)(10), each has at least 20/40 corrected vision in the other eye, and in a doctor's opinion, has sufficient vision to perform all the tasks necessary to operate a CMV. Doctors' opinions are supported by the applicants' possession of valid commercial driver's licenses (CDLs) or non-CDLs to operate CMVs. Before issuing CDLs, States subject drivers to knowledge and skills tests designed to evaluate their qualifications to operate a CMV. All of these applicants satisfied the testing requirements for their State of residence. By meeting State licensing requirements, the applicants demonstrated their ability to operate a CMV, with their limited vision, to the satisfaction of the State. While possessing a valid CDL or non-CDL, these 35 drivers have been authorized to drive a CMV in intrastate commerce, even though their vision disqualified them from driving in interstate commerce. They have driven CMVs with their limited vision in careers ranging from two to 52 years. In the past three years, one driver was involved in a crash, and one was convicted of a moving violation in a CMV. The qualifications, experience, and medical condition of each applicant were stated and discussed in detail in the April 23, 2015 notice (80 FR 22773). [[Page 45574]] IV. Basis for Exemption Determination Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the vision requirement in 49 CFR 391.41(b)(10) if the exemption is likely to achieve an equivalent or greater level of safety than would be achieved without the exemption. Without the exemption, applicants will continue to be restricted to intrastate driving. With the exemption, applicants can drive in interstate commerce. Thus, our analysis focuses on whether an equal or greater level of safety is likely to be achieved by permitting each of these drivers to drive in interstate commerce as opposed to restricting him or her to driving in intrastate commerce. To evaluate the effect of these exemptions on safety, FMCSA considered the medical reports about the applicants' vision as well as their driving records and experience with the vision deficiency. To qualify for an exemption from the vision requirement, FMCSA requires a person to present verifiable evidence that he/she has driven a commercial vehicle safely with the vision deficiency for the past 3 years. Recent driving performance is especially important in evaluating future safety, according to several research studies designed to correlate past and future driving performance. Results of these studies support the principle that the best predictor of future performance by a driver is his/her past record of crashes and traffic violations. Copies of the studies may be found at Docket Number FMCSA-1998-3637. FMCSA believes it can properly apply the principle to monocular drivers, because data from the Federal Highway Administration's (FHWA) former waiver study program clearly demonstrate the driving performance of experienced monocular drivers in the program is better than that of all CMV drivers collectively (See 61 FR 13338, 13345, March 26, 1996). The fact that experienced monocular drivers demonstrated safe driving records in the waiver program supports a conclusion that other monocular drivers, meeting the same qualifying conditions as those required by the waiver program, are also likely to have adapted to their vision deficiency and will continue to operate safely. The first major research correlating past and future performance was done in England by Greenwood and Yule in 1920. Subsequent studies, building on that model, concluded that crash rates for the same individual exposed to certain risks for two different time periods vary only slightly (See Bates and Neyman, University of California Publications in Statistics, April 1952). Other studies demonstrated theories of predicting crash proneness from crash history coupled with other factors. These factors--such as age, sex, geographic location, mileage driven and conviction history--are used every day by insurance companies and motor vehicle bureaus to predict the probability of an individual experiencing future crashes (See Weber, Donald C., ``Accident Rate Potential: An Application of Multiple Regression Analysis of a Poisson Process,'' Journal of American Statistical Association, June 1971). A 1964 California Driver Record Study prepared by the California Department of Motor Vehicles concluded that the best overall crash predictor for both concurrent and nonconcurrent events is the number of single convictions. This study used 3 consecutive years of data, comparing the experiences of drivers in the first 2 years with their experiences in the final year. Applying principles from these studies to the past 3-year record of the 35 applicants, one driver was involved in a crash, and one was convicted of a moving violation in a CMV. All the applicants achieved a record of safety while driving with their vision impairment, demonstrating the likelihood that they have adapted their driving skills to accommodate their condition. As the applicants' ample driving histories with their vision deficiencies are good predictors of future performance, FMCSA concludes their ability to drive safely can be projected into the future. We believe that the applicants' intrastate driving experience and history provide an adequate basis for predicting their ability to drive safely in interstate commerce. Intrastate driving, like interstate operations, involves substantial driving on highways on the interstate system and on other roads built to interstate standards. Moreover, driving in congested urban areas exposes the driver to more pedestrian and vehicular traffic than exists on interstate highways. Faster reaction to traffic and traffic signals is generally required because distances between them are more compact. These conditions tax visual capacity and driver response just as intensely as interstate driving conditions. The veteran drivers in this proceeding have operated CMVs safely under those conditions for at least 3 years, most for much longer. Their experience and driving records lead us to believe that each applicant is capable of operating in interstate commerce as safely as he/she has been performing in intrastate commerce. Consequently, FMCSA finds that exempting these applicants from the vision requirement in 49 CFR 391.41(b)(10) is likely to achieve a level of safety equal to that existing without the exemption. For this reason, the Agency is granting the exemptions for the 2-year period allowed by 49 U.S.C. 31136(e) and 31315 to the 35 applicants listed in the notice of April 23, 2015 (80 FR 22773). We recognize that the vision of an applicant may change and affect his/her ability to operate a CMV as safely as in the past. As a condition of the exemption, therefore, FMCSA will impose requirements on the 35 individuals consistent with the grandfathering provisions applied to drivers who participated in the Agency's vision waiver program. Those requirements are found at 49 CFR 391.64(b) and include the following: (1) That each individual be physically examined every year (a) by an ophthalmologist or optometrist who attests that the vision in the better eye continues to meet the requirement in 49 CFR 391.41(b)(10) and (b) by a medical examiner who attests that the individual is otherwise physically qualified under 49 CFR 391.41; (2) 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 (3) 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 have a copy of the certification when driving, for presentation to a duly authorized Federal, State, or local enforcement official. V. Discussion of Comments FMCSA received two comments in this proceeding. The comments are discussed below. Daniel Acosta stated that CDL holders should be able to remove convictions on their CDL in one year, and that CMVs should have anti- collision sensors, a radar system that allows drivers to see through ``blinding conditions'' (e.g. fog). Mr. Acosta also believes that CMV drivers should be required to go through 2 DOT inspections per year, and a different CSA system. An anonymous driver stated that drivers who can see shapes in colors in a deficient eye and meet the qualifications in the other should be allowed to operate a CMV in interstate commerce, especially if they receive an evaluation from a doctor stating they are capable of driving. [[Page 45575]] VI. Conclusion Based upon its evaluation of the 35 exemption applications, FMCSA exempts the following drivers from the vision requirement in 49 CFR 391.41(b)(10), subject to the requirements cited above (49 CFR 391.64(b)): Donald A. Becker, Jr. (MI) Ronald G. Bradley (IN) Rober J. Bruce (AZ) Mark A. Carter (OK) William T. Costie (NY) Donald W. Donaldson (GA) Glenn E. Dowell (IN) James L. Duck (NM) Terrence R. Ervin (CA) Douglas E. Hetrick (CO) Arthur R. Hughson (AP) Marc R. Johnston (OR) Joseph M. Jones (ID) Larry C. Kautz (PA) Theodore J. Kenyon (VT) Howard H. Key, Jr. (AR) Bernard Khraich (CA) Bradley R. King (IA) David C. Leoffler (CO) Melvin D. Moffett (KY) Armando F. Pedroso (MN) Quang M. Pham (TX) William A. Ramirez Vazquez (CA) Donald W. Randall (UT) Glen E. Robbins (WY) Enrique F. Rodriguez Gonzalez (NC) Ronald P. Schoborg (AR) Raymond Sherrill (PA) Roger D. Simpson (AR) Mehrzad Tavanaie (CA) Steven M. Tewhill (AR) Brett E. Thomas (TX) Keith E. Thompson (MO) Jeffrey W. Tucker (IN) Thomas W. Workman (IL) In accordance with 49 U.S.C. 31136(e) and 31315, each exemption will be valid for 2 years unless revoked earlier by FMCSA. The exemption will be revoked if: (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 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: July 20, 2015. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2015-18674 Filed 7-29-15; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 80, No. 146 / Thursday, July 30, 2015 / Notices 45573
(2) David Oliver, Office of Federal holidays. If you have questions or without corrective lenses, field of
Environment and Natural Resources, on viewing or submitting material to the vision of at least 70° in the horizontal
Office of the United States Trade docket, contact Docket Services, meridian in each eye, and the ability to
Representative, by electronic mail at telephone (202) 366–9826. recognize the colors of traffic signals
David_Oliver@ustr.eop.gov with the SUPPLEMENTARY INFORMATION: and devices showing red, green, and
subject line ‘‘U.S.-Singapore Meeting.’’ amber (49 CFR 391.41(b)(10)).
I. Electronic Access FMCSA recognizes that some drivers
FOR FURTHER INFORMATION, CONTACT:
Tiffany Prather, Telephone (202) 647– You may see all the comments online do not meet the vision requirement but
4548. through the Federal Document have adapted their driving to
Management System (FDMS) at http:// accommodate their vision limitation
SUPPLEMENTARY INFORMATION: The FTA
www.regulations.gov. and demonstrated their ability to drive
entered into force on January 1, 2004.
Docket: For access to the docket to safely. The 35 exemption applicants
The MOI entered into force on June 13, listed in this notice are in this category.
read background documents or
2003. Section 3 of the MOI calls for They are unable to meet the vision
comments, go to http://
biennial meetings to review the status of requirement in one eye for various
www.regulations.gov and/or Room
environmental cooperation and update reasons, including amblyopia, macular
W12–140 on the ground level of the
the POA. In 2014, the United States and scar, optic atrophy, enucleation, optic
West Building, 1200 New Jersey Avenue
Singapore agreed to extend the 2013– nerve hypoplasia, corneal scar, aphakia,
SE., Washington, DC, between 9 a.m.
2014 POA through 2015. complete loss of vision, deformed
and 5 p.m., Monday through Friday,
Dated: July 23, 2015. except Federal holidays. retina, retinal scar, refractive amblyopia,
Deborah Klepp, Privacy Act: In accordance with 5 central macula scar, light perception,
Director, Office of Environmental Quality and U.S.C. 553(c), DOT solicits comments retinal detachment, large choroidal scar
Transboundary Issues, Department of State. from the public to better inform its over macula, and chorioretinal scar. In
[FR Doc. 2015–18697 Filed 7–29–15; 8:45 am] rulemaking process. DOT posts these most cases, their eye conditions were
BILLING CODE 4710–09–P comments, without edit, including any not recently developed. Nineteen of the
personal information the commenter applicants were either born with their
provides, to www.regulations.gov, as vision impairments or have had them
DEPARTMENT OF TRANSPORTATION described in the system of records since childhood.
notice (DOT/ALL–14 FDMS), which can The 16 individuals that sustained
Federal Motor Carrier Safety be reviewed at www.dot.gov/privacy. their vision conditions as adults have
Administration had it for a range of two to 52 years.
II. Background Although each applicant has one eye
[Docket No. FMCSA–2014–0305]
On April 23, 2015, FMCSA published which does not meet the vision
Qualification of Drivers; Exemption a notice of receipt of exemption requirement in 49 CFR 391.41(b)(10),
Applications; Vision applications from certain individuals, each has at least 20/40 corrected vision
and requested comments from the in the other eye, and in a doctor’s
AGENCY: Federal Motor Carrier Safety public (80 FR 22773). That notice listed opinion, has sufficient vision to perform
Administration (FMCSA), DOT. 35 applicants’ case histories. The 35 all the tasks necessary to operate a CMV.
ACTION: Notice of final disposition. individuals applied for exemptions from Doctors’ opinions are supported by the
the vision requirement in 49 CFR applicants’ possession of valid
SUMMARY: FMCSA announces its
391.41(b)(10), for drivers who operate commercial driver’s licenses (CDLs) or
decision to exempt 35 individuals from
CMVs in interstate commerce. non-CDLs to operate CMVs. Before
the vision requirement in the Federal
Under 49 U.S.C. 31136(e) and 31315, issuing CDLs, States subject drivers to
Motor Carrier Safety Regulations
FMCSA may grant an exemption for a 2- knowledge and skills tests designed to
(FMCSRs). They are unable to meet the
year period if it finds ‘‘such exemption evaluate their qualifications to operate a
vision requirement in one eye for
would likely achieve a level of safety CMV.
various reasons. The exemptions will All of these applicants satisfied the
that is equivalent to or greater than the
enable these individuals to operate testing requirements for their State of
level that would be achieved absent
commercial motor vehicles (CMVs) in residence. By meeting State licensing
such exemption.’’ The statute also
interstate commerce without meeting requirements, the applicants
allows the Agency to renew exemptions
the prescribed vision requirement in demonstrated their ability to operate a
at the end of the 2-year period.
one eye. The Agency has concluded that CMV, with their limited vision, to the
Accordingly, FMCSA has evaluated the
granting these exemptions will provide satisfaction of the State.
35 applications on their merits and
a level of safety that is equivalent to or While possessing a valid CDL or non-
made a determination to grant
greater than the level of safety CDL, these 35 drivers have been
exemptions to each of them.
maintained without the exemptions for authorized to drive a CMV in intrastate
these CMV drivers. III. Vision and Driving Experience of commerce, even though their vision
DATES: The exemptions were granted the Applicants disqualified them from driving in
May 27, 2015. The exemptions expire The vision requirement in the interstate commerce. They have driven
on May 27, 2017. FMCSRs provides: CMVs with their limited vision in
FOR FURTHER INFORMATION CONTACT: A person is physically qualified to careers ranging from two to 52 years. In
Charles A. Horan, III, Director, Carrier, drive a commercial motor vehicle if that the past three years, one driver was
Lhorne on DSK7TPTVN1PROD with NOTICES
Driver and Vehicle Safety Standards, person has distant visual acuity of at involved in a crash, and one was
(202) 366–4001, fmcsamedical@dot.gov, least 20/40 (Snellen) in each eye convicted of a moving violation in a
FMCSA, Department of Transportation, without corrective lenses or visual CMV.
1200 New Jersey Avenue SE., Room acuity separately corrected to 20/40 The qualifications, experience, and
W64–224, Washington, DC 20590–0001. (Snellen) or better with corrective medical condition of each applicant
Office hours are from 8:30 a.m. to 5 lenses, distant binocular acuity of at were stated and discussed in detail in
p.m., Monday through Friday, except least 20/40 (Snellen) in both eyes with the April 23, 2015 notice (80 FR 22773).
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![Federal Register / Vol. 80, No. 146 / Thursday, July 30, 2015 / Notices 45575
VI. Conclusion DEPARTMENT OF TRANSPORTATION 10, 2015, and two comments were
received.
Based upon its evaluation of the 35 Federal Motor Carrier Safety FMCSA has evaluated the eligibility
exemption applications, FMCSA Administration of the 51 applicants and determined that
exempts the following drivers from the granting the exemptions to these
vision requirement in 49 CFR [FMCSA Docket No. FMCSA–2015–0059]
individuals would achieve a level of
391.41(b)(10), subject to the safety equivalent to or greater than the
requirements cited above (49 CFR Qualification of Drivers; Exemption
Applications; Diabetes Mellitus level that would be achieved by
391.64(b)): complying with the current regulation
Donald A. Becker, Jr. (MI) AGENCY: Federal Motor Carrier Safety 49 CFR 391.41(b)(3).
Ronald G. Bradley (IN) Administration (FMCSA), DOT. Diabetes Mellitus and Driving
Rober J. Bruce (AZ) ACTION: Notice of final disposition. Experience of the Applicants
Mark A. Carter (OK)
William T. Costie (NY) SUMMARY: FMCSA confirms its decision The Agency established the current
to exempt 51 individuals from its rule requirement for diabetes in 1970
Donald W. Donaldson (GA)
prohibiting persons with insulin-treated because several risk studies indicated
Glenn E. Dowell (IN) that drivers with diabetes had a higher
diabetes mellitus (ITDM) from operating
James L. Duck (NM) rate of crash involvement than the
commercial motor vehicles (CMVs) in
Terrence R. Ervin (CA) general population. The diabetes rule
interstate commerce. The exemptions
Douglas E. Hetrick (CO) enable these individuals to operate provides that ‘‘A person is physically
Arthur R. Hughson (AP) CMVs in interstate commerce. qualified to drive a commercial motor
Marc R. Johnston (OR) vehicle if that person has no established
DATES: The exemptions were effective
Joseph M. Jones (ID) medical history or clinical diagnosis of
on June 11, 2015. The exemptions
Larry C. Kautz (PA) diabetes mellitus currently requiring
expire on June 11, 2017.
Theodore J. Kenyon (VT) insulin for control’’ (49 CFR
FOR FURTHER INFORMATION CONTACT: 391.41(b)(3)).
Howard H. Key, Jr. (AR) Charles A. Horan, III, Director, Carrier, FMCSA established its diabetes
Bernard Khraich (CA) Driver and Vehicle Safety Standards, exemption program, based on the
Bradley R. King (IA) (202) 366–4001, fmcsamedical@dot.gov, Agency’s July 2000 study entitled ‘‘A
David C. Leoffler (CO) FMCSA, Room W64–224, Department of Report to Congress on the Feasibility of
Melvin D. Moffett (KY) Transportation, 1200 New Jersey a Program to Qualify Individuals with
Armando F. Pedroso (MN) Avenue SE., Washington, DC 20590– Insulin-Treated Diabetes Mellitus to
Quang M. Pham (TX) 0001. Office hours are from 8:30 a.m. to Operate in Interstate Commerce as
William A. Ramirez Vazquez (CA) 5 p.m., Monday through Friday, except Directed by the Transportation Act for
Donald W. Randall (UT) Federal holidays. the 21st Century.’’ The report concluded
Glen E. Robbins (WY) SUPPLEMENTARY INFORMATION: that a safe and practicable protocol to
Enrique F. Rodriguez Gonzalez (NC) allow some drivers with ITDM to
I. Electronic Access
Ronald P. Schoborg (AR) operate CMVs is feasible. The
Raymond Sherrill (PA) You may see all the comments online September 3, 2003 (68 FR 52441),
Roger D. Simpson (AR) through the Federal Document Federal Register notice in conjunction
Management System (FDMS) at: http:// with the November 8, 2005 (70 FR
Mehrzad Tavanaie (CA)
www.regulations.gov. 67777), Federal Register notice provides
Steven M. Tewhill (AR) Docket: For access to the docket to the current protocol for allowing such
Brett E. Thomas (TX) read background documents or drivers to operate CMVs in interstate
Keith E. Thompson (MO) comments, go to http:// commerce.
Jeffrey W. Tucker (IN) www.regulations.gov and/or Room These 51 applicants have had ITDM
Thomas W. Workman (IL) W12–140 on the ground level of the over a range of one to 33 years. These
In accordance with 49 U.S.C. 31136(e) West Building, 1200 New Jersey Avenue applicants report no severe
and 31315, each exemption will be valid SE., Washington, DC, between 9 a.m. hypoglycemic reactions resulting in loss
for 2 years unless revoked earlier by and 5 p.m., Monday through Friday, of consciousness or seizure, requiring
FMCSA. The exemption will be revoked except Federal holidays. the assistance of another person, or
if: (1) The person fails to comply with Privacy Act: In accordance with 5 resulting in impaired cognitive function
the terms and conditions of the U.S.C. 553(c), DOT solicits comments that occurred without warning
exemption; (2) the exemption has from the public to better inform its symptoms, in the past 12 months and no
resulted in a lower level of safety than rulemaking process. DOT posts these recurrent (2 or more) severe
was maintained before it was granted; or comments, without edit, including any hypoglycemic episodes in the past 5
(3) continuation of the exemption would personal information the commenter years. In each case, an endocrinologist
not be consistent with the goals and provides, to www.regulations.gov, as verified that the driver has
objectives of 49 U.S.C. 31136 and 31315. described in the system of records demonstrated a willingness to properly
If the exemption is still effective at the notice (DOT/ALL–14 FDMS), which can monitor and manage his/her diabetes
end of the 2-year period, the person may be reviewed at www.dot.gov/privacy. mellitus, received education related to
apply to FMCSA for a renewal under diabetes management, and is on a stable
II. Background
Lhorne on DSK7TPTVN1PROD with NOTICES
procedures in effect at that time. insulin regimen. These drivers report no
On May 11, 2015, FMCSA published other disqualifying conditions,
Issued on: July 20, 2015. a notice of receipt of Federal diabetes including diabetes-related
Larry W. Minor, exemption applications from 51 complications. Each meets the vision
Associate Administrator for Policy. individuals and requested comments requirement at 49 CFR 391.41(b)(10).
[FR Doc. 2015–18674 Filed 7–29–15; 8:45 am] from the public (80 FR 26979). The The qualifications and medical
BILLING CODE 4910–EX–P public comment period closed on June condition of each applicant were stated
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Document Created: 2018-02-23 09:30:16
Document Modified: 2018-02-23 09:30:16
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of final disposition. | |
| Dates | The exemptions were granted May 27, 2015. The exemptions expire on May 27, 2017. | |
| Contact | Charles A. Horan, III, Director, Carrier, Driver and Vehicle Safety Standards, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., Monday through Friday, except Federal holidays. If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366- 9826. | |
| FR Citation | 80 FR 45573 |
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