83 FR 2317 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 10 (January 16, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 10 (January 16, 2018)
| Page Range | 2317-2321 | |
| FR Document | 2018-00579 |
[Federal Register Volume 83, Number 10 (Tuesday, January 16, 2018)] [Notices] [Pages 2317-2321] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-00579] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2017-0288] Qualification of Drivers; Exemption Applications; Diabetes Mellitus AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of applications for exemption; request for comments. ----------------------------------------------------------------------- SUMMARY: FMCSA announces receipt of applications from 23 individuals for an exemption from the prohibition in the Federal Motor Carrier Safety Regulations (FMCSRs) against persons with insulin-treated diabetes mellitus (ITDM) operating a commercial motor vehicle (CMV) in interstate commerce. If granted, the exemptions would enable these individuals with ITDM to operate CMVs in interstate commerce. DATES: Comments must be received on or before February 15, 2018. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA-2017-0288 using any of the following methods:Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting comments. Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor, Room W12-140, Washington, DC 20590-0001. Hand Delivery: West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal Holidays. Fax: 1-202-493-2251. Instructions: Each submission must include the Agency name and the docket number(s) for this notice. Note that all comments received will be posted without change to http://www.regulations.gov, including any personal information provided. Please see the Privacy Act heading below for further information. Docket: For access to the docket to read background documents or comments, go to http://www.regulations.gov at any time 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. The FDMS is available 24 hours each day e.t., 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 online. 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 [[Page 2318]] notice (DOT/ALL-14 FDMS), which can be reviewed at http://www.dot.gov/privacy. 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 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. Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the FMCSRs for a five-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 five-year period. FMCSA grants exemptions from the FMCSRs for a two- year period to align with the maximum duration of a driver's medical certification. The 23 individuals listed in this notice have requested an exemption from the diabetes prohibition in 49 CFR 391.41(b)(3). Accordingly, the Agency will evaluate the qualifications of each applicant to determine whether granting the exemption will achieve the required level of safety mandated by statute. The physical qualification standard for drivers regarding diabetes found in 49 CFR 391.41(b)(3) states that a person is physically qualified to drive a CMV if that person has no established medical history or clinical diagnosis of diabetes mellitus currently requiring insulin for control. 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. 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. FMCSA notes that section 4129 of the Safe, Accountable, Flexible and Efficient Transportation Equity Act: A Legacy for Users requires the Secretary to revise its diabetes exemption program established on September 3, 2003 (68 FR 52441). The revision must provide for individual assessment of drivers with diabetes mellitus, and be consistent with the criteria described in section 4018 of the Transportation Equity Act for the 21st Century (49 U.S.C. 31305). Section 4129 requires: (1) Elimination of the requirement for three years of experience operating CMVs while being treated with insulin; and (2) establishment of a specified minimum period of insulin use to demonstrate stable control of diabetes before being allowed to operate a CMV. In response to section 4129, FMCSA made immediate revisions to the diabetes exemption program established by the September 3, 2003 notice. FMCSA discontinued use of the three-year driving experience and fulfilled the requirements of section 4129 while continuing to ensure that operation of CMVs by drivers with ITDM will achieve the requisite level of safety required of all exemptions granted under 49 U.S.C. 31136(e). Section 4129(d) also directed FMCSA to ensure that drivers of CMVs with ITDM are not held to a higher standard than other drivers, with the exception of limited operating, monitoring and medical requirements that are deemed medically necessary. The FMCSA concluded that all of the operating, monitoring and medical requirements set out in the September 3, 2003, notice, except as modified, were in compliance with section 4129(d). Therefore, all of the requirements set out in the September 3, 2003, notice, except as modified by the notice in the Federal Register on November 8, 2005 (70 FR 67777), remain in effect. II. Qualifications of Applicants Irah H. Buttgenbach, Jr. Mr. Buttgenbach, Jr. 61, has had ITDM since 2012. His endocrinologist examined him in 2017 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Buttgenbach understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Buttgenbach meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2017 and certified that he does not have diabetic retinopathy. He holds an operator's license from Indiana. Scott A. Civitarese Mr. Civitarese, 47, has had ITDM since 2008. His endocrinologist examined him in 2017 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Civitarese understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Civitarese meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2017 and certified that he does not have diabetic retinopathy. He holds an operator's license from Massachusetts. Cornelius Clark Mr. Clark, 54, has had ITDM since 2016. His endocrinologist examined him in 2017 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Clark understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Clark meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2017 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Ohio. Ronald J. Danielson Mr. Danielson, 60, has had ITDM since 2017. His endocrinologist examined him in 2017 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance [[Page 2319]] of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Danielson understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Danielson meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2017 and certified that he does not have diabetic retinopathy. He holds an operator's license from Minnesota. Mark A.L. Givan Mr. Givan, 54, has had ITDM since 2017. His endocrinologist examined him in 2017 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Givan understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Givan meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2017 and certified that he does not have diabetic retinopathy. He holds a Class B CDL from Arkansas. Lyle C. Hatfield Mr. Hatfield, 56, has had ITDM since 2016. His endocrinologist examined him in 2017 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Hatfield understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Hatfield meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2017 and certified that he does not have diabetic retinopathy. He holds an operator's license from Mississippi. Brian C. Hosea Mr. Hosea, 48, has had ITDM since 2012. His endocrinologist examined him in 2017 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Hosea understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Hosea meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2017 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Oregon. James Middlebrook, III Mr. Middlebrook, 44, has had ITDM since 1983. His endocrinologist examined him in 2017 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Middlebrook understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Middlebrook meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2017 and certified that he has stable nonproliferative diabetic retinopathy. He holds an operator's license from Ohio. Thomas B. Miller Mr. Miller, 61, has had ITDM since 2007. His endocrinologist examined him in 2017 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Miller understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Miller meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2017 and certified that he does not have diabetic retinopathy. He holds an operator's license from Virginia. Keith E. Moran Mr. Moran, 41, has had ITDM since 2008. His endocrinologist examined him in 2017 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Moran understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Moran meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2017 and certified that he has stable nonproliferative diabetic retinopathy. He holds an operator's license from Rhode Island. Christopher R. Pearson Mr. Pearson, 40, has had ITDM since 1997. His endocrinologist examined him in 2017 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Pearson understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Pearson meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2017 and certified that he has stable nonproliferative diabetic retinopathy. He holds an operator's license from Minnesota. John C. Plaster Mr. Plaster, 51, has had ITDM since 2017. His endocrinologist examined him in 2017 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Plaster understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Plaster meets the requirements of the vision standard at [[Page 2320]] 49 CFR 391.41(b)(10). His optometrist examined him in 2017 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Indiana. Glenn E. Rausch Mr. Rausch, 65, has had ITDM since 2015. His endocrinologist examined him in 2017 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Rausch understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Rausch meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2017 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Maryland. Ricardo P. Salazar Mr. Salazar, 54, has had ITDM since 2017. His endocrinologist examined him in 2017 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Salazar understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Salazar meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2017 and certified that he does not have diabetic retinopathy. He holds an operator's license from New Mexico. Seann D. Sampson Mr. Sampson, 49, has had ITDM since 2015. His endocrinologist examined him in 2017 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Sampson understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Sampson meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2017 and certified that he has stable nonproliferative diabetic retinopathy. He holds an operator's license from Florida. Alex Shirvani Mr. Shirvani, 55, has had ITDM since 2010. His endocrinologist examined him in 2017 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Shirvani understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Shirvani meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2017 and certified that he does not have diabetic retinopathy. He holds a Class B CDL from New York. Cameron M. Simpson Mr. Simpson, 21, has had ITDM since 2015. His endocrinologist examined him in 2017 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Simpson understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Simpson meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2017 and certified that he does not have diabetic retinopathy. He holds an operator's license from California. Phillip J. Sobczak Mr. Sobczak, 66, has had ITDM since 1999. His endocrinologist examined him in 2017 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Sobczak understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Sobczak meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2017 and certified that he does not have diabetic retinopathy. He holds an operator's license from Wisconsin. Christoph Trimblett Mr. Trimblett, 47, has had ITDM since 2015. His endocrinologist examined him in 2017 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Trimblett understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Trimblett meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2017 and certified that he does not have diabetic retinopathy. He holds an operator's license from New Jersey. Martin L. Veitz Mr. Veitz, 67, has had ITDM since 2011. His endocrinologist examined him in 2017 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Veitz understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Veitz meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2017 and certified that he does not have diabetic retinopathy. He holds a Class B CDL from Pennsylvania. Kenneth W. West Mr. West, 52, has had ITDM since 2015. His endocrinologist examined him in 2017 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in [[Page 2321]] the last five years. His endocrinologist certifies that Mr. West understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. West meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2017 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Ohio. Rodney J. Woods Mr. Woods, 52, has had ITDM since 1994. His endocrinologist examined him in 2017 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Woods understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Woods meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2017 and certified that he has stable proliferative diabetic retinopathy. He holds a Class A CDL from Alabama. Timothy A. Zimmerman Mr. Zimmerman, 53, has had ITDM since 2013. His endocrinologist examined him in 2017 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Zimmerman understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Zimmerman meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2017 and certified that he does not have diabetic retinopathy. He holds an operator's license from Indiana. III. Request for Comments In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests public comment from all interested persons on the exemption petitions described in this notice. We will consider all comments received before the close of business on the closing date indicated in the DATES section of the notice. IV. Submitting Comments You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so that FMCSA can contact you if there are questions regarding your submission. To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number FMCSA-2017-0288 and click the search button. When the new screen appears, click on the blue ``Comment Now!'' button on the right hand side of the page. On the new page, enter information required including the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and materials received during the comment period. FMCSA may issue a final determination at any time after the close of the comment period. V. Viewing Comments and Documents To view comments, as well as any documents mentioned in this preamble, go to http://www.regulations.gov and in the search box insert the docket number FMCSA-2017-0288 and click ``Search.'' Next, click ``Open Docket Folder'' and you will find all documents and comments related to this notice. Issued on: January 5, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-00579 Filed 1-12-18; 8:45 am] BILLING CODE 4910-EX-P
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35 FR 6458, 6463 (April 22, 1970) and IV. Conditions and Requirements SUMMARY: FMCSA announces receipt of
36 FR 12857 (July 3, 1971). The exemptions are extended subject applications from 23 individuals for an
The 3 individuals listed in this notice to the following conditions: (1) Each exemption from the prohibition in the
have requested renewal of their driver must report any crashes or Federal Motor Carrier Safety
exemptions from the hearing standard accidents as defined in 49 CFR 390.5; Regulations (FMCSRs) against persons
in 49 CFR 391.41(b)(11), in accordance and (2) report all citations and with insulin-treated diabetes mellitus
with FMCSA procedures. Accordingly, convictions for disqualifying offenses (ITDM) operating a commercial motor
FMCSA has evaluated these under 49 CFR part 383 and 49 CFR 391 vehicle (CMV) in interstate commerce. If
applications for renewal on their merits to FMCSA; and (3) each driver granted, the exemptions would enable
and decided to extend each exemption prohibited from operating a motorcoach these individuals with ITDM to operate
for a renewable two-year period. or bus with passengers in interstate CMVs in interstate commerce.
commerce. The driver must also have a DATES: Comments must be received on
II. Request for Comments
copy of the exemption when driving, for or before February 15, 2018.
Interested parties or organizations presentation to a duly authorized ADDRESSES: You may submit comments
possessing information that would Federal, State, or local enforcement bearing the Federal Docket Management
otherwise show that any, or all, of these official. In addition, the exemption does System (FDMS) Docket No. FMCSA–
drivers are not currently achieving the not exempt the individual from meeting 2017–0288 using any of the following
statutory level of safety should the applicable CDL testing methods:
immediately notify FMCSA. The requirements. Each exemption will be • Federal eRulemaking Portal: Go to
Agency will evaluate any adverse valid for two years unless rescinded http://www.regulations.gov. Follow the
evidence submitted and, if safety is earlier by FMCSA. The exemption will online instructions for submitting
being compromised or if continuation of be rescinded if: (1) The person fails to comments.
the exemption would not be consistent comply with the terms and conditions • Mail: Docket Management Facility;
with the goals and objectives of 49 of the exemption; (2) the exemption has U.S. Department of Transportation, 1200
U.S.C. 31136(e) and 31315, FMCSA will resulted in a lower level of safety than New Jersey Avenue SE, West Building
take immediate steps to revoke the was maintained before it was granted; or Ground Floor, Room W12–140,
exemption of a driver. (3) continuation of the exemption would Washington, DC 20590–0001.
III. Basis for Renewing Exemptions not be consistent with the goals and • Hand Delivery: West Building
objectives of 49 U.S.C. 31136(e) and Ground Floor, Room W12–140, 1200
In accordance with 49 U.S.C. 31136(e) 31315. New Jersey Avenue SE, Washington,
and 31315, each of the 3 applicants has DC, between 9 a.m. and 5 p.m., e.t.,
satisfied the renewal conditions for V. Preemption Monday through Friday, except Federal
obtaining an exemption from the During the period the exemption is in Holidays.
hearing requirement. The 3 drivers in effect, no State shall enforce any law or • Fax: 1–202–493–2251.
this notice remain in good standing with regulation that conflicts with this Instructions: Each submission must
the Agency. In addition, for Commercial exemption with respect to a person include the Agency name and the
Driver’s License (CDL) holders, the operating under the exemption. docket number(s) for this notice. Note
Commercial Driver’s License that all comments received will be
Information System (CDLIS) and the VI. Conclusion posted without change to http://
Motor Carrier Management Information Based upon its evaluation of the 3 www.regulations.gov, including any
System (MCMIS) are searched for crash exemption applications, FMCSA renews personal information provided. Please
and violation data. For non-CDL the exemptions of the aforementioned see the Privacy Act heading below for
holders, the Agency reviews the driving drivers from the hearing requirement in further information.
records from the State Driver’s 49 CFR 391.41 (b)(11). In accordance Docket: For access to the docket to
Licensing Agency (SDLA). These factors with 49 U.S.C. 31136(e) and 31315, each read background documents or
provide an adequate basis for predicting exemption will be valid for two years comments, go to http://
each driver’s ability to continue to unless revoked earlier by FMCSA. www.regulations.gov at any time or
safely operate a CMV in interstate Room W12–140 on the ground level of
Issued on: January 5, 2018.
commerce. Therefore, FMCSA the West Building, 1200 New Jersey
Larry W. Minor,
concludes that extending the exemption Avenue SE, Washington, DC, between 9
for each of these drivers for a period of Associate Administrator for Policy.
a.m. and 5 p.m., e.t., Monday through
two years is likely to achieve a level of [FR Doc. 2018–00585 Filed 1–12–18; 8:45 am]
Friday, except Federal holidays. The
safety equal to that existing without the BILLING CODE 4910–EX–P
FDMS is available 24 hours each day
exemption. e.t., 365 days each year. If you want
As of November 5, 2017 and in acknowledgment that we received your
accordance with 49 U.S.C. 31136(e) and DEPARTMENT OF TRANSPORTATION
comments, please include a self-
31315, the following 3 individuals have Federal Motor Carrier Safety addressed, stamped envelope or
satisfied the renewal conditions for Administration postcard or print the acknowledgement
obtaining an exemption from the page that appears after submitting
hearing requirement in the FMCSRs for [Docket No. FMCSA–2017–0288] comments online.
interstate CMV drivers: Lawrence F. Privacy Act: In accordance with 5
daltland on DSKBBV9HB2PROD with NOTICES
Cogar, (WA); Albert Foster (IL); and Qualification of Drivers; Exemption U.S.C. 553(c), DOT solicits comments
Daniel Harnish, (OR). Applications; Diabetes Mellitus from the public to better inform its
The drivers were included in docket AGENCY: Federal Motor Carrier Safety rulemaking process. DOT posts these
numbers FMCSA–2015–0355 and Administration (FMCSA), DOT. comments, without edit, including any
FMCSA–2015–0325. Their exemptions personal information the commenter
ACTION: Notice of applications for
are applicable as of November 5, 2017, provides, to http://www.regulations.gov,
exemption; request for comments.
and will expire on November 5, 2019. as described in the system of records
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the last five years. His endocrinologist business on the closing date indicated SUMMARY: The Federal Transit
certifies that Mr. West understands in the DATES section of the notice. Administration (FTA) seeks public
diabetes management and monitoring, comment regarding the current and
IV. Submitting Comments
has stable control of his diabetes using near-future status of automated transit
insulin, and is able to drive a CMV You may submit your comments and buses and related technologies. FTA
safely. Mr. West meets the requirements material online or by fax, mail, or hand seeks comments in particular from
of the vision standard at 49 CFR delivery, but please use only one of parties involved in the development,
391.41(b)(10). His optometrist examined these means. FMCSA recommends that demonstration, deployment, and
him in 2017 and certified that he does you include your name and a mailing evaluation of currently available or
not have diabetic retinopathy. He holds address, an email address, or a phone near-market ready automated buses;
a Class A CDL from Ohio. number in the body of your document systems and components that support
so that FMCSA can contact you if there bus automation; and ancillary systems
Rodney J. Woods are questions regarding your that support non-driving bus operator
Mr. Woods, 52, has had ITDM since submission. functions (e.g., wheelchair securement,
1994. His endocrinologist examined him To submit your comment online, go to occupant detection, passenger
in 2017 and certified that he has had no http://www.regulations.gov and in the information assistance, fare payment,
severe hypoglycemic reactions resulting search box insert the docket number etc.). For purposes of this notice, ‘‘bus’’
in loss of consciousness, requiring the FMCSA–2017–0288 and click the search is defined broadly to consider a range of
assistance of another person, or button. When the new screen appears, sizes, vehicle platforms and
resulting in impaired cognitive function click on the blue ‘‘Comment Now!’’ configurations, and passenger
that occurred without warning in the button on the right hand side of the capacities, and could include both
past 12 months and no recurrent (two or page. On the new page, enter traditional and novel vehicle designs
more) severe hypoglycemic episodes in information required including the (e.g., full-size city buses, articulated
the last five years. His endocrinologist specific section of this document to buses, small shuttles, etc.). ‘‘Bus’’
certifies that Mr. Woods understands which each comment applies, and includes bus rapid transit.
diabetes management and monitoring, provide a reason for each suggestion or
DATES: Comments must be submitted by
has stable control of his diabetes using recommendation. If you submit your
comments by mail or hand delivery, March 2, 2018. FTA will consider late-
insulin, and is able to drive a CMV filed comments to the extent
safely. Mr. Woods meets the submit them in an unbound format, no
larger than 81⁄2 by 11 inches, suitable for practicable.
requirements of the vision standard at
49 CFR 391.41(b)(10). His copying and electronic filing. If you ADDRESSES: Please submit your
ophthalmologist examined him in 2017 submit comments by mail and would comments by only one of the following
and certified that he has stable like to know that they reached the methods, identifying your submission
proliferative diabetic retinopathy. He facility, please enclose a stamped, self- by docket number FTA–2017–0024. All
holds a Class A CDL from Alabama. addressed postcard or envelope. electronic submissions must be made to
We will consider all comments and the U.S. Government electronic site at
Timothy A. Zimmerman materials received during the comment http://www.regulations.gov.
period. FMCSA may issue a final (1) Federal eRulemaking Portal: Go to
Mr. Zimmerman, 53, has had ITDM
determination at any time after the close http://www.regulations.gov and follow
since 2013. His endocrinologist
of the comment period. the online instructions for submitting
examined him in 2017 and certified that
he has had no severe hypoglycemic V. Viewing Comments and Documents comments.
reactions resulting in loss of (2) Mail: Docket Management Facility:
To view comments, as well as any
consciousness, requiring the assistance U.S. Department of Transportation, 1200
documents mentioned in this preamble,
of another person, or resulting in New Jersey Avenue SE, West Building,
go to http://www.regulations.gov and in
impaired cognitive function that Ground Floor, Room W12–140,
the search box insert the docket number
occurred without warning in the past 12 Washington, DC 20590–0001.
FMCSA–2017–0288 and click ‘‘Search.’’
months and no recurrent (two or more) Next, click ‘‘Open Docket Folder’’ and (3) Hand Delivery or Courier: West
severe hypoglycemic episodes in the you will find all documents and Building Ground Floor, Room W12–140,
last five years. His endocrinologist comments related to this notice. 1200 New Jersey Avenue SE, between 9
certifies that Mr. Zimmerman a.m. and 5 p.m. Eastern time, Monday
understands diabetes management and Issued on: January 5, 2018. through Friday, except Federal holidays.
monitoring, has stable control of his Larry W. Minor, (4) Fax: 202–493–2251.
diabetes using insulin, and is able to Associate Administrator for Policy. Instructions: You must include the
drive a CMV safely. Mr. Zimmerman [FR Doc. 2018–00579 Filed 1–12–18; 8:45 am] agency name (Federal Transit
meets the requirements of the vision BILLING CODE 4910–EX–P Administration) and Docket number
standard at 49 CFR 391.41(b)(10). His (FTA–2017–0024) for this notice at the
optometrist examined him in 2017 and beginning of your comments. Submit
certified that he does not have diabetic DEPARTMENT OF TRANSPORTATION two copies of your comments if you
retinopathy. He holds an operator’s submit them by mail. For confirmation
license from Indiana. Federal Transit Administration that FTA received your comments,
III. Request for Comments [Docket No. FTA–2017–0024] include a self-addressed stamped
daltland on DSKBBV9HB2PROD with NOTICES
postcard. Note that all comments
In accordance with 49 U.S.C. 31136(e) Research Program: Automated Transit received will be posted without change
and 31315, FMCSA requests public Buses to www.regulations.gov including any
comment from all interested persons on AGENCY: Federal Transit Administration personal information provided and will
the exemption petitions described in (FTA), DOT. be available to internet users. You may
this notice. We will consider all review DOT’s complete Privacy Act
ACTION: Notice; request for comments.
comments received before the close of Statement published in the Federal
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Document Created: 2018-01-13 02:02:34
Document Modified: 2018-01-13 02:02:34
| 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 applications for exemption; request for comments. | |
| Dates | Comments must be received on or before February 15, 2018. | |
| 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 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 Citation | 83 FR 2317 |
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