83 FR 24563 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 103 (May 29, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 103 (May 29, 2018)
| Page Range | 24563-24568 | |
| FR Document | 2018-11425 |
[Federal Register Volume 83, Number 103 (Tuesday, May 29, 2018)] [Notices] [Pages 24563-24568] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-11425] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2018-0028] 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 36 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 June 28, 2018. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA-2018-0028 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 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, fmcsamedical@dot.gov, 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 36 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 [[Page 24564]] 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 Leobardo O. Antunez Mr. Antunez, 66, has had ITDM since 2014. His endocrinologist examined him in 2018 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. Antunez understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Antunez 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 Washington. Alfred E. Apel Mr. Apel, 65, has had ITDM since 2017. His endocrinologist examined him in 2018 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. Apel understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Apel meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2018 and certified that he does not have diabetic retinopathy. He holds a Class B CDL from New York. Carl M. Bartlett Mr. Bartlett, 60, has had ITDM since 2017. His endocrinologist examined him in 2018 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. Bartlett understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Bartlett meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2018 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from South Dakota. Christopher A. Bell Mr. Bell, 54, has had ITDM since 2013. His endocrinologist examined him in 2018 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. Bell understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Bell meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2018 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Iowa. Gerald A. Brady Mr. Brady, 57, has had ITDM since 2017. His endocrinologist examined him in 2018 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. Brady understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Brady 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 Iowa. Jeffrey Campbell Mr. Campbell, 43, has had ITDM since 1989. His endocrinologist examined him in 2018 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. Campbell understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Campbell 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 Indiana. Ricky L. Collett Mr. Collett, 61, has had ITDM since 2017. His endocrinologist examined him in 2018 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. Collett understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Collett meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2018 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Oklahoma. David M. Conrad Mr. Conrad, 54, has had ITDM since 1987. His endocrinologist examined him in 2018 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 [[Page 24565]] past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Conrad understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Conrad meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2018 and certified that he does not have diabetic retinopathy. He holds an operator's license from New Mexico. Lee E. Crenshaw, Jr. Mr. Crenshaw, 52, has had ITDM since 2016. His endocrinologist examined him in 2018 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. Crenshaw understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Crenshaw meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2018 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Connecticut. Michael C. Crouch Mr. Crouch, 64, has had ITDM since 2017. His endocrinologist examined him in 2018 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. Crouch understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Crouch 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 Oklahoma. Matthew J. Doyal Mr. Doyal, 49, has had ITDM since 1996. 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. Doyal understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Doyal meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2018 and certified that he has stable nonproliferative diabetic retinopathy. He holds a Class B CDL from Georgia. Maximiliano Duarte Mr. Duarte, 50, 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. Duarte understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Duarte 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 Alabama. Thomas P. Dubia Mr. Dubia, 60, has had ITDM since 2018. His endocrinologist examined him in 2018 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. Dubia understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Dubia 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 New Hampshire. Michael W. Fellows Mr. Fellows, 50, has had ITDM since 2017. His endocrinologist examined him in 2018 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. Fellows understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Fellows 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 Washington. Raydon R. Gall Mr. Gall, 59, has had ITDM since 2010. His endocrinologist examined him in 2018 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. Gall understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Gall meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2018 and certified that he has stable nonproliferative diabetic retinopathy. He holds a Class A CDL from North Dakota. Clifford O. Hayter Mr. Hayter, 58, has had ITDM since 2004. His endocrinologist examined him in 2018 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. Hayter understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Hayter meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2018 and certified that he does not have diabetic retinopathy. He holds an operator's license from Florida. [[Page 24566]] Anthony A. Helms, Sr. Mr. Helms, 63, has had ITDM since 2008. His endocrinologist examined him in 2018 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. Helms understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Helms meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2018 and certified that he has stable nonproliferative diabetic retinopathy. He holds an operator's license from South Carolina. Brian D. Hopper Mr. Hopper, 44, has had ITDM since 2017. His endocrinologist examined him in 2018 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. Hopper understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Hopper meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2018 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Oklahoma. Terry R. Hunter Mr. Hunter, 58, has had ITDM since 2015. His endocrinologist examined him in 2018 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. Hunter understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Hunter meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2018 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Illinois. James C. Illingsworth Mr. Illingsworth, 49, has had ITDM since 2001. 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. Illingsworth understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Illingsworth 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 Pennsylvania. Christopher M. Joswak Mr. Joswak, 47, has had ITDM since 2017. His endocrinologist examined him in 2018 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. Joswak understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Joswak meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2018 and certified that he does not have diabetic retinopathy. He holds an operator's license from Michigan. Matthew S. Keas Mr. Keas, 59, has had ITDM since 2016. His endocrinologist examined him in 2018 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. Keas understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Keas 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 Kansas. Matthew T. Leyden Mr. Leyden, 30, has had ITDM since 2006. His endocrinologist examined him in 2018 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. Leyden understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Leyden meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2018 and certified that he does not have diabetic retinopathy. He holds an operator's license from Nebraska. Jessica M. Merchen Ms. Merchen, 33, has had ITDM since 2018. Her endocrinologist examined her in 2018 and certified that she 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. Her endocrinologist certifies that Ms. Merchen understands diabetes management and monitoring, has stable control of her diabetes using insulin, and is able to drive a CMV safely. Ms. Merchen meets the requirements of the vision standard at 49 CFR 391.41(b)(10). Her optometrist examined her in 2018 and certified that she does not have diabetic retinopathy. She holds a Class A CDL from Georgia. Charlie Moore, Jr. Mr. Moore, 64, has had ITDM since 2010. His endocrinologist examined him in 2018 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. Moore understands diabetes management and monitoring, has stable control of his diabetes using [[Page 24567]] insulin, and is able to drive a CMV safely. Mr. Moore meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2018 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from New York. Wayne R. Mowery Mr. Mowery, 65, has had ITDM since 2014. His endocrinologist examined him in 2018 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. Mowery understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Mowery meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2018 and certified that he does not have diabetic retinopathy. He holds an operator's license from Pennsylvania. Jesteva L. Moye-Hosey Ms. Moye-Hosey, 69, has had ITDM since 2018. Her endocrinologist examined her in 2018 and certified that she 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. Her endocrinologist certifies that Ms. Moye-Hosey understands diabetes management and monitoring, has stable control of her diabetes using insulin, and is able to drive a CMV safely. Ms. Moye-Hosey meets the requirements of the vision standard at 49 CFR 391.41(b)(10). Her ophthalmologist examined her in 2018 and certified that she does not have diabetic retinopathy. She holds a Class B CDL from Ohio. Imelda Ortiz Ms. Ortiz, 60, has had ITDM since 2017. Her endocrinologist examined her in 2018 and certified that she 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. Her endocrinologist certifies that Ms. Ortiz understands diabetes management and monitoring, has stable control of her diabetes using insulin, and is able to drive a CMV safely. Ms. Ortiz meets the requirements of the vision standard at 49 CFR 391.41(b)(10). Her optometrist examined her in 2018 and certified that she does not have diabetic retinopathy. She holds a Class B CDL from New Mexico. Wesley H. Pollock Mr. Pollock, 70, has had ITDM since 2012. His endocrinologist examined him in 2018 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. Pollock understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Pollock 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. Robert J. Possley Mr. Possley, 59, has had ITDM since 1988. His endocrinologist examined him in 2018 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. Possley understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Possley meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2018 and certified that he does not have diabetic retinopathy. He holds a Class B CDL from Wisconsin. Samuel K. Sanders Mr. Sanders, 56, has had ITDM since 2004. 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. Sanders understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Sanders meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2018 and certified that he does not have diabetic retinopathy. He holds an operator's license from Kansas. Leon J. Schlichte Mr. Schlichte, 68, has had ITDM since 2018. His endocrinologist examined him in 2018 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. Schlichte understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Schlichte meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2018 and certified that he has stable nonproliferative diabetic retinopathy. He holds a Class A CDL from Iowa. Landon H. Tuck Mr. Tuck, 22, has had ITDM since 2007. His endocrinologist examined him in 2018 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. Tuck understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Tuck meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2018 and certified that he does not have diabetic retinopathy. He holds an operator's license from Texas. Curtis D. Weinman Mr. Weinman, 53, has had ITDM since 2016. His endocrinologist examined him in 2018 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 [[Page 24568]] 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. Weinman understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Weinman meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2018 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Washington. Nathaniel W. Wessel Mr. Wessel, 21, has had ITDM since 2006. His endocrinologist examined him in 2018 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. Wessel understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Wessel 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 Maine. Christopher H. Whitman Mr. Whitman, 53, has had ITDM since 2015. His endocrinologist examined him in 2018 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. Whitman understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Whitman meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2018 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from North Carolina. 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-2018-0028 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-2018-0028 and click ``Search.'' Next, click ``Open Docket Folder'' and you will find all documents and comments related to this notice. Issued on: May 17, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-11425 Filed 5-25-18; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 83, No. 103 / Tuesday, May 29, 2018 / Notices 24563
comments by mail or hand delivery, New Jersey Avenue SE, West Building equivalent to or greater than the level
submit them in an unbound format, no Ground Floor, Room W12–140, that would be achieved absent such
larger than 81⁄2 by 11 inches, suitable for Washington, DC 20590–0001. exemption.’’ The statute also allows the
copying and electronic filing. If you • Hand Delivery: West Building Agency to renew exemptions at the end
submit comments by mail and would Ground Floor, Room W12–140, 1200 of the five-year period. FMCSA grants
like to know that they reached the New Jersey Avenue SE, Washington, exemptions from the FMCSRs for a two-
facility, please enclose a stamped, self- DC, between 9 a.m. and 5 p.m., e.t., year period to align with the maximum
addressed postcard or envelope. Monday through Friday, except Federal duration of a driver’s medical
We will consider all comments and Holidays. certification.
materials received during the comment • Fax: 1–202–493–2251. The 36 individuals listed in this
period. FMCSA may issue a final Instructions: Each submission must notice have requested an exemption
determination at any time after the close include the Agency name and the from the diabetes prohibition in 49 CFR
of the comment period. docket number(s) for this notice. Note 391.41(b)(3). Accordingly, the Agency
that all comments received will be will evaluate the qualifications of each
V. Viewing Comments and Documents posted without change to http:// applicant to determine whether granting
To view comments, as well as any www.regulations.gov, including any the exemption will achieve the required
documents mentioned in this preamble, personal information provided. Please level of safety mandated by statute.
go to http://www.regulations.gov and in see the Privacy Act heading below for The physical qualification standard
the search box insert the docket number further information. for drivers regarding diabetes found in
FMCSA–2018–0026 and click ‘‘Search.’’ Docket: For access to the docket to 49 CFR 391.41(b)(3) states that a person
Next, click ‘‘Open Docket Folder’’ and read background documents or is physically qualified to drive a CMV
you will find all documents and comments, go to http:// if that person has no established
comments related to this notice. www.regulations.gov at any time or medical history or clinical diagnosis of
Issued on: May 17, 2018. Room W12–140 on the ground level of diabetes mellitus currently requiring
Larry W. Minor,
the West Building, 1200 New Jersey insulin for control. The Agency
Avenue, SE, Washington, DC, between 9 established the current requirement for
Associate Administrator for Policy.
a.m. and 5 p.m., e.t., Monday through diabetes in 1970 because several risk
[FR Doc. 2018–11412 Filed 5–25–18; 8:45 am]
Friday, except Federal holidays. The studies indicated that drivers with
BILLING CODE 4910–EX–P FDMS is available 24 hours each day diabetes had a higher rate of crash
e.t., 365 days each year. If you want involvement than the general
acknowledgment that we received your population.
DEPARTMENT OF TRANSPORTATION
comments, please include a self- FMCSA established its diabetes
Federal Motor Carrier Safety addressed, stamped envelope or exemption program, based on the
Administration postcard or print the acknowledgement Agency’s July 2000 study entitled ‘‘A
page that appears after submitting Report to Congress on the Feasibility of
[Docket No. FMCSA–2018–0028] comments online. a Program to Qualify Individuals with
Privacy Act: In accordance with 5 Insulin-Treated Diabetes Mellitus to
Qualification of Drivers; Exemption U.S.C. 553(c), DOT solicits comments
Applications; Diabetes Mellitus Operate in Interstate Commerce as
from the public to better inform its Directed by the Transportation Act for
AGENCY: Federal Motor Carrier Safety rulemaking process. DOT posts these the 21st Century.’’ The report concluded
Administration (FMCSA), DOT. comments, without edit, including any that a safe and practicable protocol to
ACTION: Notice of applications for
personal information the commenter allow some drivers with ITDM to
exemption; request for comments. provides, to http://www.regulations.gov, operate CMVs is feasible. The
as described in the system of records September 3, 2003 (68 FR 52441),
SUMMARY: FMCSA announces receipt of notice (DOT/ALL–14 FDMS), which can Federal Register notice in conjunction
applications from 36 individuals for an be reviewed at http://www.dot.gov/ with the November 8, 2005 (70 FR
exemption from the prohibition in the privacy. 67777), Federal Register notice provides
Federal Motor Carrier Safety FOR FURTHER INFORMATION CONTACT: Ms. the current protocol for allowing such
Regulations (FMCSRs) against persons Christine A. Hydock, Chief, Medical drivers to operate CMVs in interstate
with insulin-treated diabetes mellitus Programs Division, (202) 366–4001, commerce.
(ITDM) operating a commercial motor fmcsamedical@dot.gov, FMCSA, FMCSA notes that section 4129 of the
vehicle (CMV) in interstate commerce. If Department of Transportation, 1200 Safe, Accountable, Flexible and
granted, the exemptions would enable New Jersey Avenue SE, Room W64–224, Efficient Transportation Equity Act: A
these individuals with ITDM to operate Washington, DC 20590–0001. Office Legacy for Users requires the Secretary
CMVs in interstate commerce. hours are 8:30 a.m. to 5 p.m., e.t., to revise its diabetes exemption program
DATES: Comments must be received on Monday through Friday, except Federal established on September 3, 2003 (68 FR
or before June 28, 2018. holidays. If you have questions 52441). The revision must provide for
ADDRESSES: You may submit comments regarding viewing or submitting individual assessment of drivers with
bearing the Federal Docket Management material to the docket, contact Docket diabetes mellitus, and be consistent
System (FDMS) Docket No. FMCSA– Services, telephone (202) 366–9826. with the criteria described in section
2018–0028 using any of the following SUPPLEMENTARY INFORMATION: 4018 of the Transportation Equity Act
daltland on DSKBBV9HB2PROD with NOTICES
methods: for the 21st Century (49 U.S.C. 31305).
• Federal eRulemaking Portal: Go to I. Background Section 4129 requires: (1) Elimination of
http://www.regulations.gov. Follow the Under 49 U.S.C. 31136(e) and 31315, the requirement for three years of
online instructions for submitting FMCSA may grant an exemption from experience operating CMVs while being
comments. the FMCSRs for a five-year period if it treated with insulin; and (2)
• Mail: Docket Management Facility; finds ‘‘such exemption would likely establishment of a specified minimum
U.S. Department of Transportation, 1200 achieve a level of safety that is period of insulin use to demonstrate
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![24568 Federal Register / Vol. 83, No. 103 / Tuesday, May 29, 2018 / Notices
occurred without warning in the past 12 this notice. We will consider all DEPARTMENT OF TRANSPORTATION
months and no recurrent (two or more) comments received before the close of
severe hypoglycemic episodes in the business on the closing date indicated Federal Motor Carrier Safety
last five years. His endocrinologist in the dates section of the notice. Administration
certifies that Mr. Weinman understands [Docket No. FMCSA–1998–4334; FMCSA–
diabetes management and monitoring, IV. Submitting Comments
1999–5748; FMCSA–1999–6156; FMCSA–
has stable control of his diabetes using 2000–7006; FMCSA–2001–10578; FMCSA–
You may submit your comments and
insulin, and is able to drive a CMV 2003–15268; FMCSA–2003–15892; FMCSA–
material online or by fax, mail, or hand
safely. Mr. Weinman meets the 2005–21711; FMCSA–2005–22194; FMCSA–
requirements of the vision standard at delivery, but please use only one of 2005–22727; FMCSA–2006–24015; FMCSA–
49 CFR 391.41(b)(10). His these means. FMCSA recommends that 2007–0017; FMCSA–2007–27897; FMCSA–
ophthalmologist examined him in 2018 you include your name and a mailing 2007–28695; FMCSA–2007–29019; FMCSA–
and certified that he does not have address, an email address, or a phone 2009–0121; FMCSA–2009–0303; FMCSA–
number in the body of your document 2011–0189; FMCSA–2011–0298; FMCSA–
diabetic retinopathy. He holds a Class A
so that FMCSA can contact you if there 2011–0299; FMCSA–2011–26690; FMCSA–
CDL from Washington. 2013–0029; FMCSA–2013–0165; FMCSA–
are questions regarding your 2013–0166; FMCSA–2013–0167; FMCSA–
Nathaniel W. Wessel submission. 2013–0168; FMCSA–2013–0169; FMCSA–
Mr. Wessel, 21, has had ITDM since To submit your comment online, go to 2013–0170; FMCSA–2015–0049; FMCSA–
2006. His endocrinologist examined him 2015–0056; FMCSA–2015–0070; FMCSA–
http://www.regulations.gov and in the
in 2018 and certified that he has had no 2015–0071; FMCSA–2015–0072; FMCSA–
severe hypoglycemic reactions resulting search box insert the docket number
2015–0344; FMCSA–2015–0345]
in loss of consciousness, requiring the FMCSA–2018–0028 and click the search
assistance of another person, or button. When the new screen appears, Qualification of Drivers; Exemption
resulting in impaired cognitive function click on the blue ‘‘Comment Now!’’ Applications; Vision
that occurred without warning in the button on the right hand side of the
page. On the new page, enter AGENCY: Federal Motor Carrier Safety
past 12 months and no recurrent (two or Administration (FMCSA), DOT.
more) severe hypoglycemic episodes in information required including the
specific section of this document to ACTION: Notice of final disposition.
the last five years. His endocrinologist
certifies that Mr. Wessel understands which each comment applies, and SUMMARY: FMCSA announces its
diabetes management and monitoring, provide a reason for each suggestion or decision to renew exemptions for 113
has stable control of his diabetes using recommendation. If you submit your individuals from the vision requirement
insulin, and is able to drive a CMV comments by mail or hand delivery, in the Federal Motor Carrier Safety
safely. Mr. Wessel meets the submit them in an unbound format, no Regulations (FMCSRs) for interstate
requirements of the vision standard at larger than 81⁄2 by 11 inches, suitable for commercial motor vehicle (CMV)
49 CFR 391.41(b)(10). His optometrist copying and electronic filing. If you drivers. The exemptions enable these
examined him in 2017 and certified that submit comments by mail and would individuals to continue to operate CMVs
he does not have diabetic retinopathy. like to know that they reached the in interstate commerce without meeting
He holds an operator’s license from facility, please enclose a stamped, self- the vision requirement in one eye.
Maine. addressed postcard or envelope. DATES: Each group of renewed
Christopher H. Whitman We will consider all comments and exemptions were applicable on the
Mr. Whitman, 53, has had ITDM since materials received during the comment dates stated in the discussions below
2015. His endocrinologist examined him period. FMCSA may issue a final and will expire on the dates stated in
in 2018 and certified that he has had no determination at any time after the close the discussions below.
severe hypoglycemic reactions resulting of the comment period. FOR FURTHER INFORMATION CONTACT: Ms.
in loss of consciousness, requiring the Christine A. Hydock, Chief, Medical
assistance of another person, or V. Viewing Comments and Documents Programs Division, 202–366–4001,
resulting in impaired cognitive function fmcsamedical@dot.gov, FMCSA,
To view comments, as well as any
that occurred without warning in the Department of Transportation, 1200
documents mentioned in this preamble,
past 12 months and no recurrent (two or New Jersey Avenue SE, Room W64–224,
go to http://www.regulations.gov and in Washington, DC 20590–0001. Office
more) severe hypoglycemic episodes in the search box insert the docket number
the last five years. His endocrinologist hours are from 8:30 a.m. to 5 p.m., e.t.,
FMCSA–2018–0028 and click ‘‘Search.’’ Monday through Friday, except Federal
certifies that Mr. Whitman understands
Next, click ‘‘Open Docket Folder’’ and holidays. If you have questions
diabetes management and monitoring,
you will find all documents and regarding viewing or submitting
has stable control of his diabetes using
insulin, and is able to drive a CMV comments related to this notice. material to the docket, contact Docket
safely. Mr. Whitman meets the Issued on: May 17, 2018. Services, telephone (202) 366–9826.
requirements of the vision standard at Larry W. Minor, SUPPLEMENTARY INFORMATION:
49 CFR 391.41(b)(10). His optometrist Associate Administrator for Policy. I. Electronic Access
examined him in 2018 and certified that [FR Doc. 2018–11425 Filed 5–25–18; 8:45 am]
he does not have diabetic retinopathy. You may see all the comments online
BILLING CODE 4910–EX–P through the Federal Document
He holds a Class A CDL from North
daltland on DSKBBV9HB2PROD with NOTICES
Carolina. Management System (FDMS) at: http://
www.regulations.gov.
III. Request for Comments Docket: For access to the docket to
In accordance with 49 U.S.C. 31136(e) read background documents or
and 31315, FMCSA requests public comments, go to http://
comment from all interested persons on www.regulations.gov and/or Room
the exemption petitions described in W12–140 on the ground level of the
VerDate Sep<11>2014 16:39 May 25, 2018 Jkt 244001 PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 E:\FR\FM\29MYN1.SGM 29MYN1](https://thefederalregister.org/doc/83_FR_24666/page/6.svg)
Document Created: 2018-05-26 00:48:50
Document Modified: 2018-05-26 00:48:50
| 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 June 28, 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 24563 |
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