83_FR_18729 83 FR 18647 - Qualification of Drivers; Exemption Applications; Diabetes

83 FR 18647 - Qualification of Drivers; Exemption Applications; Diabetes

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 82 (April 27, 2018)

Page Range18647-18648
FR Document2018-08910

FMCSA announces its decision to deny applications from 17 individuals who requested an exemption from the Federal Motor Carrier Safety Regulations (FMCSRs) prohibiting persons with insulin-treated diabetes mellitus (ITDM) from operating a commercial motor vehicle (CMV) in interstate commerce.

Federal Register, Volume 83 Issue 82 (Friday, April 27, 2018) 
[Federal Register Volume 83, Number 82 (Friday, April 27, 2018)]
[Notices]
[Pages 18647-18648]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08910]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0027]


Qualification of Drivers; Exemption Applications; Diabetes

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of denials.

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SUMMARY: FMCSA announces its decision to deny applications from 17 
individuals who requested an exemption from the Federal Motor Carrier 
Safety Regulations (FMCSRs) prohibiting persons with insulin-treated 
diabetes mellitus (ITDM) from operating a commercial motor vehicle 
(CMV) in interstate commerce.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, (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., 
e.t., Monday through Friday, except Federal holidays. If you have 
questions regarding 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., e.t., 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 http://www.regulations.gov, as described in 
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed 
at http://www.dot.gov/privacy.

II. Background

    FMCSA received applications from 17 individuals who requested an 
exemption from the FMCSRs prohibiting persons with ITDM from operating 
a CMV in interstate commerce.
    FMCSA has evaluated the eligibility of these applicants and 
concluded that granting these exemptions would not provide a level of 
safety that would be equivalent to or greater than, the level of safety 
that would be obtained by complying with the regulation 49 CFR 
391.41(b)(3).

III. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption if 
it finds such an exemption would likely achieve a level of safety that 
is equivalent to, or greater than, the level that would be achieved 
absent such an exemption.
    The Agency's decision regarding these exemption applications is 
based on the eligibility criteria, the terms and conditions for Federal 
exemptions, and an individualized assessment of each applicant's 
medical information provided by the applicant.

IV. Conclusion

    The Agency has determined that these applicants do not satisfy the 
criteria eligibility or meet the terms and conditions of the Federal 
exemption and granting these exemptions would not

[[Page 18648]]

provide a level of safety that would be equivalent to or greater than, 
the level of safety that would be obtained by complying with the 
regulation 49 CFR 391.41(b)(3). Therefore, the 17 applicants in this 
notice have been denied exemptions from the physical qualification 
standards in 49 CFR 391.41(b)(3).
    Each applicant has, prior to this notice, received a letter of 
final disposition regarding his/her exemption request. Those decision 
letters fully outlined the basis for the denial and constitutes final 
action by the Agency. This notice summarizes the Agency's recent 
denials as required under 49 U.S.C. 31315(b)(4) by periodically 
publishing names and reasons for denial.
    The following six applicants have had more than one hypoglycemic 
episode requiring hospitalization or the assistance of others, or has 
had one such episode but has not had one year of stability following 
the episode:

Michael W. Boyll (IN)
Robert T. Mitchell (CA)
Todd E. Bakner (PA)
Donald J. Glass (AR)
Cameron C. Kenyon (WA)
Mark E. Jordan (IN)

    The following two applicants had other medical conditions making 
the applicant otherwise unqualified under the Federal Motor Carrier 
Safety Regulations: Rodney Purcell (NY); Bruce A. Hammond (GA).
    The following seven applicants did not have endocrinologists 
willing to make statements that they are able to operate CMVs from a 
diabetes standpoint:

John W. Ringbloom (PA)
Travis L. Reese (MA)
Ronald J. Marchewka (PA)
Gregory W. Bell (NJ)
David W. DeGraw (NJ)
John A. Bright (PA)
Dennis F. Comp (PA)

    The following applicant, Peter E. Halter (NJ), is unable or has not 
demonstrated willingness to properly monitor and manage his diabetes, 
whether by a personal decision or medical inability.
    The following applicant, Gerald D. Tower, Jr. (MI), has peripheral 
neuropathy or circulatory insufficiency of the extremities likely to 
interfere with the ability to operate a CMV.

     Issued on: April 23, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-08910 Filed 4-26-18; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Notices 18647 eye is no light perception, and in his left page. On the new page, enter regarding viewing or submitting eye, 20/20. Following an examination in information required including the material to the docket, contact Docket 2017, his optometrist stated, ‘‘In my specific section of this document to Services, telephone (202) 366–9826. opinion, Mr. Womble has sufficient which each comment applies, and SUPPLEMENTARY INFORMATION: vision to perform the driving tasks provide a reason for each suggestion or needed to operate a commercial recommendation. If you submit your I. Electronic Access vehicle.’’ Mr. Womble reported that he comments by mail or hand delivery, You may see all the comments online has driven straight trucks for three submit them in an unbound format, no through the Federal Document years, accumulating 108,000 miles, and larger than 81⁄2 by 11 inches, suitable for Management System (FDMS) at: http:// tractor-trailer combinations for two copying and electronic filing. If you www.regulations.gov. years, accumulating 80,000 miles. He submit comments by mail and would Docket: For access to the docket to holds a Class A CDL from Arkansas. His like to know that they reached the read background documents or driving record for the last three years facility, please enclose a stamped, self- comments, go to http:// shows no crashes and no convictions for addressed postcard or envelope. www.regulations.gov and/or Room moving violations in a CMV. We will consider all comments and W12–140 on the ground level of the materials received during the comment West Building, 1200 New Jersey Avenue Kevin Young period. FMCSA may issue a final SE, Washington, DC, between 9 a.m. and Mr. Young, 37, has keratoconus in his determination at any time after the close 5 p.m., e.t., Monday through Friday, left eye due to a traumatic incident in of the comment period. except Federal holidays. childhood. The visual acuity in his right Privacy Act: In accordance with 5 eye is 20/20, and in his left eye, 20/60. V. Viewing Comments and Documents U.S.C. 553(c), DOT solicits comments Following an examination in 2017, his To view comments, as well as any from the public to better inform its optometrist stated, ‘‘In my medical documents mentioned in this preamble, rulemaking process. DOT posts these opinion, I certify that Kevin M. Young’s go to http://www.regulations.gov and in comments, without edit, including any left eye vision deficiency provides the search box insert the docket number personal information the commenter sufficient vision ability to perform the FMCSA–2018–0010 and click ‘‘Search.’’ provides, to http://www.regulations.gov, driving tasks required to operate a Next, click ‘‘Open Docket Folder’’ and as described in the system of records commercial vehicle in conjunction with you will find all documents and notice (DOT/ALL–14 FDMS), which can his normal right eye for overall vision comments related to this notice. be reviewed at http://www.dot.gov/ performance.’’ Mr. Young reported that privacy. Issued on: April 23, 2018. he has driven straight trucks for ten years, accumulating 5,000 miles, and Larry W. Minor, II. Background tractor-trailer combinations for five Associate Administrator for Policy. FMCSA received applications from 17 years, accumulating 10,000 miles. He [FR Doc. 2018–08915 Filed 4–26–18; 8:45 am] individuals who requested an holds an operator’s license from New BILLING CODE 4910–EX–P exemption from the FMCSRs Jersey. His driving record for the last prohibiting persons with ITDM from three years shows no crashes and no operating a CMV in interstate convictions for moving violations in a DEPARTMENT OF TRANSPORTATION commerce. CMV. FMCSA has evaluated the eligibility Federal Motor Carrier Safety of these applicants and concluded that III. Request for Comments Administration granting these exemptions would not In accordance with 49 U.S.C. 31136(e) [Docket No. FMCSA–2018–0027] provide a level of safety that would be and 31315, FMCSA requests public equivalent to or greater than, the level comment from all interested persons on Qualification of Drivers; Exemption of safety that would be obtained by the exemption petitions described in Applications; Diabetes complying with the regulation 49 CFR this notice. We will consider all 391.41(b)(3). comments and material received before AGENCY: Federal Motor Carrier Safety the close of business on the closing date Administration (FMCSA), DOT. III. Basis for Exemption Determination indicated in the dates section of the ACTION: Notice of denials. Under 49 U.S.C. 31136(e) and 31315, notice. FMCSA may grant an exemption if it SUMMARY: FMCSA announces its finds such an exemption would likely IV. Submitting Comments decision to deny applications from 17 achieve a level of safety that is You may submit your comments and individuals who requested an equivalent to, or greater than, the level material online or by fax, mail, or hand exemption from the Federal Motor that would be achieved absent such an delivery, but please use only one of Carrier Safety Regulations (FMCSRs) exemption. these means. FMCSA recommends that prohibiting persons with insulin-treated The Agency’s decision regarding these you include your name and a mailing diabetes mellitus (ITDM) from operating exemption applications is based on the address, an email address, or a phone a commercial motor vehicle (CMV) in eligibility criteria, the terms and number in the body of your document interstate commerce. conditions for Federal exemptions, and so that FMCSA can contact you if there FOR FURTHER INFORMATION CONTACT: Ms. an individualized assessment of each are questions regarding your Christine A. Hydock, Chief, Medical applicant’s medical information submission. Programs Division, (202) 366–4001, provided by the applicant. daltland on DSKBBV9HB2PROD with NOTICES To submit your comment online, go to fmcsamedical@dot.gov, FMCSA, http://www.regulations.gov and in the Department of Transportation, 1200 IV. Conclusion search box insert the docket number New Jersey Avenue SE, Room W64–224, The Agency has determined that these FMCSA–2018–0010 and click the search Washington, DC 20590–0001. Office applicants do not satisfy the criteria button. When the new screen appears, hours are from 8:30 a.m. to 5 p.m., e.t., eligibility or meet the terms and click on the blue ‘‘Comment Now!’’ Monday through Friday, except Federal conditions of the Federal exemption and button on the right hand side of the holidays. If you have questions granting these exemptions would not VerDate Sep<11>2014 18:18 Apr 26, 2018 Jkt 244001 PO 00000 Frm 00147 Fmt 4703 Sfmt 4703 E:\FR\FM\27APN1.SGM 27APN1

18648 Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Notices provide a level of safety that would be DEPARTMENT OF TRANSPORTATION II. Background equivalent to or greater than, the level On January 16, 2018, FMCSA of safety that would be obtained by Federal Motor Carrier Safety published a notice announcing receipt complying with the regulation 49 CFR Administration of applications from 18 individuals 391.41(b)(3). Therefore, the 17 [Docket No. FMCSA–2017–0026] requesting an exemption from vision applicants in this notice have been requirement in 49 CFR 391.41(b)(10) denied exemptions from the physical Qualification of Drivers; Exemption and requested comments from the qualification standards in 49 CFR Applications; Vision public (83 FR 2311). The public 391.41(b)(3). comment period ended on February 15, Each applicant has, prior to this AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. 2018, and one comment was received. notice, received a letter of final FMCSA has evaluated the eligibility disposition regarding his/her exemption ACTION: Notice of final disposition. of these applicants and determined that request. Those decision letters fully granting the exemptions to these outlined the basis for the denial and SUMMARY: FMCSA announces its decision to exempt 18 individuals from individuals would achieve a level of constitutes final action by the Agency. safety equivalent to or greater than the This notice summarizes the Agency’s the vision requirement in the Federal Motor Carrier Safety Regulations level that would be achieved by recent denials as required under 49 complying with the current regulation U.S.C. 31315(b)(4) by periodically (FMCSRs) to operate a commercial motor vehicle (CMV) in interstate 49 CFR 391.41(b)(10). publishing names and reasons for The physical qualification standard denial. commerce. They are unable to meet the vision requirement in one eye for for drivers regarding vision found in 49 The following six applicants have had CFR 391.41(b)(10) states that a person is more than one hypoglycemic episode various reasons. The exemptions enable these individuals to operate CMVs in physically qualified to driver a CMV if requiring hospitalization or the that person has distant visual acuity of assistance of others, or has had one such interstate commerce without meeting the vision requirement in one eye. at least 20/40 (Snellen) in each eye episode but has not had one year of without corrective lenses or visual stability following the episode: DATES: The exemptions were applicable acuity separately corrected to 20/40 Michael W. Boyll (IN) on February 16, 2018. The exemptions (Snellen) or better with corrective expire on February 16, 2020. lenses, distant binocular acuity of a least Robert T. Mitchell (CA) Todd E. Bakner (PA) FOR FURTHER INFORMATION CONTACT: Ms. 20/40 (Snellen) in both eyes with or Donald J. Glass (AR) Christine A. Hydock, Chief, Medical without corrective lenses, field of vision Cameron C. Kenyon (WA) Programs Division, (202) 366–4001, of at least 70° in the horizontal meridian Mark E. Jordan (IN) fmcsamedical@dot.gov, FMCSA, in each eye, and the ability to recognize Department of Transportation, 1200 the colors of traffic signals and devices The following two applicants had New Jersey Avenue SE, Room W64–224, other medical conditions making the showing red, green, and amber. Washington, DC 20590–0001. Office applicant otherwise unqualified under hours are from 8:30 a.m. to 5 p.m., e.t., III. Discussion of Comments the Federal Motor Carrier Safety Monday through Friday, except Federal FMCSA received one comment in this Regulations: Rodney Purcell (NY); Bruce holidays. If you have questions proceeding. Vanessa Jones commented A. Hammond (GA). regarding viewing or submitting that drivers with a visual deficiency The following seven applicants did material to the docket, contact Docket should have to take a specific driving not have endocrinologists willing to Services, telephone (202) 366–9826. test to demonstrate safe operation with make statements that they are able to the deficiency rather than relying on a SUPPLEMENTARY INFORMATION: operate CMVs from a diabetes review of the driving record to standpoint: I. Electronic Access determine their level of safety. In John W. Ringbloom (PA) You may see all the comments online addition, she indicated that vision Travis L. Reese (MA) through the Federal Document exempted drivers should not be seen by Ronald J. Marchewka (PA) Management System (FDMS) at http:// an optometrist and instead should be Gregory W. Bell (NJ) www.regulations.gov. seen by a specialized eye doctor. David W. DeGraw (NJ) Docket: For access to the docket to FMCSA conducts a thorough review John A. Bright (PA) read background documents or of a 3-year Commercial and Personal Dennis F. Comp (PA) comments, go to http:// Driving record in conjunction with The following applicant, Peter E. www.regulations.gov and/or Room actual driving experience with their Halter (NJ), is unable or has not W12–140 on the ground level of the vision deficiency to determine if an demonstrated willingness to properly West Building, 1200 New Jersey Avenue equivalent or greater level of safety is monitor and manage his diabetes, SE, Washington, DC, between 9 a.m. and likely to be achieved by granting the whether by a personal decision or 5 p.m., e.t., Monday through Friday, exemptions as would be without the medical inability. except Federal holidays. exemptions. Drivers are not granted a The following applicant, Gerald D. Privacy Act: In accordance with 5 Commercial Driver’s License (CDL) by Tower, Jr. (MI), has peripheral U.S.C. 553(c), DOT solicits comments the Federal Government but by their neuropathy or circulatory insufficiency from the public to better inform its State. Each state has specific skill of the extremities likely to interfere with rulemaking process. DOT posts these testing requirements that must be met. daltland on DSKBBV9HB2PROD with NOTICES the ability to operate a CMV. comments, without edit, including any FMCSA has utilized a Medical Expert personal information the commenter Panel consisting of a team of Medical Issued on: April 23, 2018. provides, to http://www.regulations.gov, Doctors who have extensively Larry W. Minor, as described in the system of records researched and recommended the Associate Administrator for Policy. notice (DOT/ALL–14 FDMS), which can process that the Agency follows to [FR Doc. 2018–08910 Filed 4–26–18; 8:45 am] be reviewed at http://www.dot.gov/ qualify these drivers. FMCSA requires BILLING CODE 4910–EX–P privacy. all individuals applying for a vision VerDate Sep<11>2014 18:18 Apr 26, 2018 Jkt 244001 PO 00000 Frm 00148 Fmt 4703 Sfmt 4703 E:\FR\FM\27APN1.SGM 27APN1


Document Created: 2018-04-27 01:44:36
Document Modified: 2018-04-27 01:44:36
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of denials.
ContactMs. Christine A. Hydock, Chief, Medical Programs Division, (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., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826.
FR Citation83 FR 18647 
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