83 FR 24576 - 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 | 24576-24581 | |
| FR Document | 2018-11411 |
[Federal Register Volume 83, Number 103 (Tuesday, May 29, 2018)] [Notices] [Pages 24576-24581] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-11411] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2018-0029] 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 37 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-2018-0029 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 2018-0029 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 [[Page 24577]] 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 Clayton W. Baenziger Mr. Baenziger, 33, has had ITDM since 1996. 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. Baenziger understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Baenziger 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 Colorado. Jon E. Behle Mr. Behle, 63, 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. Behle understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Behle 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 Minnesota. Myles S. Bolton Mr. Bolton, 21, has had ITDM since 2011. 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. Bolton understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Bolton 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 Alaska. Francisco Chavez, Jr. Mr. Chavez, 32, 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. Chavez understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Chavez 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 California. David C. Clarke Mr. Clarke, 54, 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. Clarke understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Clarke 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. Steven R. Condon Mr. Condon, 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. Condon understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Condon 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 Nebraska. Gilbert L. Fleming, Jr. Mr. Fleming, 70, has had ITDM since 2005. 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. Fleming understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Fleming 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 Maryland. [[Page 24578]] Gavin C. Gore Mr. Gore, 28, 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. Gore understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Gore 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. Johnny Gregg, Jr. Mr. Gregg, 55, has had ITDM since 2000. 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. Gregg understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Gregg 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 B CDL from North Carolina. Thomas W. Guzier Mr. Guzier, 59, 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. Guzier understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Guzier 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 Illinois. Willard R. Hammond, Jr. Mr. Hammond, 58, 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. Hammond understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Hammond 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 York. Greg C. Hardcastle Mr. Hardcastle, 34, 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. Hardcastle understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Hardcastle 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 Oregon. Joseph E. Heck Mr. Heck, 51, 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. Heck understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Heck 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. Stephen R. Henderschiedt Mr. Henderschiedt, 54, 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. Henderschiedt understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Henderschiedt 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 Minnesota. Larry D. Johnston Mr. Johnston, 57, 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. Johnston understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Johnston 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. Leodon L. Killinger, Jr. Mr. Killinger, 47, 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. Killinger understands diabetes management and monitoring, [[Page 24579]] has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Killinger 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 Maine. Joshua M. Lenhart Mr. Lenhart, 36, 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. Lenhart understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Lenhart 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 Alaska. Michelle L. Logsdon Ms. Logsdon, 45, has had ITDM since 2012. Her endocrinologist examined her in 2017 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. Logsdon understands diabetes management and monitoring, has stable control of her diabetes using insulin, and is able to drive a CMV safely. Ms. Logsdon 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 an operator's license from West Virginia. Tiernan E. Mc Kinney Mr. Mc Kinney, 21, 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. Mc Kinney understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. McKinney 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 Ohio. Kevin R. McClerren Mr. McClerren, 47, 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. McClerren understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. McClerren 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. Bryant L. Murray Mr. Murray, 36, 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. Murray understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Murray 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 Utah. Manuel C. Pineda Mr. Pineda, 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. Pineda understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Pineda 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. Kenneth M. Putt Mr. Putt, 53, 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. Putt understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Putt 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 Virginia. John D. Randall Mr. Randall, 61, 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. Randall understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Randall 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 Missouri. John F. Reilly Mr. Reilly, 49, 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 [[Page 24580]] 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. Reilly understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Reilly 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. Tyree E. Rhodes Mr. Rhodes, 25, 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. Rhodes understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Rhodes 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 Louisiana. Jose C. Rosario Mr. Rosario, 39, has had ITDM since 1998. 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. Rosario understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Rosario 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 Minnesota. Matthew L. Shelley Mr. Shelley, 32, 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. Shelley understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Shelley 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 Virginia. Brian R. Smallcanyon Mr. Smallcanyon, 39, 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. Smallcanyon understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Smallcanyon 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 Utah. Kenneth J. Sortman Mr. Sortman, 23, has had ITDM since 2003. 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. Sortman understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Sortman 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 Ohio. Gregory R. Suckow Mr. Suckow, 45, 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. Suckow understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Suckow 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. Jack W. Terrio Mr. Terrio, 60, 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. Terrio understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Terrio 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 Louisiana. Curtis D. Van Koevering Mr. Van Koevering, 53, 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. Van Koevering understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Van Koevering meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His [[Page 24581]] optometrist examined him in 2017 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Michigan. Trent J. Vandyken Mr. Vandyken, 34, 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. Vandyken understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Vandyken 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 Montana. Gregory A. Westfall Mr. Westfall, 35, 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. Westfall understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Westfall 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 Ohio. Kevin L. Willis Sloan Mr. Willis Sloan, 48, 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. Willis Sloan understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Willis Sloan 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 Missouri. Debra A. Wiss Ms. Wiss, 61, has had ITDM since 2016. 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. Wiss understands diabetes management and monitoring, has stable control of her diabetes using insulin, and is able to drive a CMV safely. Ms. Wiss 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 Washington. 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-2018-0029 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-2018-0029 and click ``Search.'' Next, click ``Open Docket Folder'' and you will find all documents and comments related to this notice. Dated: May 17, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-11411 Filed 5-25-18; 8:45 am] BILLING CODE 4910-EX-P
![24576 Federal Register / Vol. 83, No. 103 / Tuesday, May 29, 2018 / Notices
Darrell E. Oliver (TN) System (FDMS) Docket No. FMCSA– SUPPLEMENTARY INFORMATION:
Timothy P. Oliver (OR) 2018–0029 using any of the following
I. Background
Fred W. Payne (OR) methods:
Ronald L. Pellack, Jr. (IL) • Federal eRulemaking Portal: Go to Under 49 U.S.C. 31136(e) and 31315,
Edward F. Poe (MI) http://www.regulations.gov. Follow the FMCSA may grant an exemption from
Clint A. Richter (PA) online instructions for submitting the FMCSRs for a five-year period if it
Daniel G. Roach (MN) comments. finds ‘‘such exemption would likely
Mark S. Schellhammer (MN) • Mail: Docket Management Facility; achieve a level of safety that is
Edward R. Sutton (CA) U.S. Department of Transportation, 1200 equivalent to or greater than the level
Maurice L. Talley (NV) New Jersey Avenue SE, West Building that would be achieved absent such
Brandon L. Tatman (CO) Ground Floor, Room W12–140, exemption.’’ The statute also allows the
Austin M. Thies (IA) Washington, DC 20590–0001. Agency to renew exemptions at the end
Robert J. Tischler (UT) • Hand Delivery: West Building of the five-year period. FMCSA grants
Michael Tucker (NJ) Ground Floor, Room W12–140, 1200 exemptions from the FMCSRs for a two-
Leonard J. Warnock (WA) New Jersey Avenue SE, Washington, year period to align with the maximum
John R. Wohlers (WI) DC, between 9 a.m. and 5 p.m., E.T., duration of a driver’s medical
David L. Woodfill (CA) Monday through Friday, except Federal certification.
Daniel J. Woodring (MI) Holidays. The 2018–0029 individuals listed in
In accordance with 49 U.S.C. 31136(e) • Fax: 1–202–493–2251. this notice have requested an exemption
and 31315, each exemption will be valid Instructions: Each submission must from the diabetes prohibition in 49 CFR
for two years from the effective date include the Agency name and the 391.41(b)(3). Accordingly, the Agency
unless revoked earlier by FMCSA. The docket number(s) for this notice. Note will evaluate the qualifications of each
exemption will be revoked if the that all comments received will be applicant to determine whether granting
following occurs: (1) The person fails to posted without change to http:// the exemption will achieve the required
comply with the terms and conditions www.regulations.gov, including any level of safety mandated by statute.
of the exemption; (2) the exemption has personal information provided. Please The physical qualification standard
resulted in a lower level of safety than see the Privacy Act heading below for for drivers regarding diabetes found in
was maintained prior to being further information. 49 CFR 391.41(b)(3) states that a person
Docket: For access to the docket to is physically qualified to drive a CMV
granted; or (3) continuation of the
read background documents or if that person has no established
exemption would not be consistent with
comments, go to http:// medical history or clinical diagnosis of
the goals and objectives of 49 U.S.C.
www.regulations.gov at any time or diabetes mellitus currently requiring
31136(e) and 31315.
Room W12–140 on the ground level of insulin for control. The Agency
Issued on: May 17, 2018. the West Building, 1200 New Jersey established the current requirement for
Larry W. Minor, Avenue SE, Washington, DC, between 9 diabetes in 1970 because several risk
Associate Administrator for Policy. a.m. and 5 p.m., E.T., Monday through studies indicated that drivers with
[FR Doc. 2018–11429 Filed 5–25–18; 8:45 am] Friday, except Federal holidays. The diabetes had a higher rate of crash
BILLING CODE 4910–EX–P FDMS is available 24 hours each day involvement than the general
E.T., 365 days each year. If you want population.
acknowledgment that we received your FMCSA established its diabetes
DEPARTMENT OF TRANSPORTATION comments, please include a self- exemption program, based on the
addressed, stamped envelope or Agency’s July 2000 study entitled ‘‘A
Federal Motor Carrier Safety postcard or print the acknowledgement Report to Congress on the Feasibility of
Administration page that appears after submitting a Program to Qualify Individuals with
[Docket No. FMCSA–2018–0029]
comments online. Insulin-Treated Diabetes Mellitus to
Privacy Act: In accordance with 5 Operate in Interstate Commerce as
Qualification of Drivers; Exemption U.S.C. 553(c), DOT solicits comments Directed by the Transportation Act for
Applications; Diabetes Mellitus from the public to better inform its the 21st Century.’’ The report concluded
rulemaking process. DOT posts these that a safe and practicable protocol to
AGENCY: Federal Motor Carrier Safety comments, without edit, including any allow some drivers with ITDM to
Administration (FMCSA), DOT. personal information the commenter operate CMVs is feasible. The
ACTION: Notice of applications for provides, to http://www.regulations.gov, September 3, 2003 (68 FR 52441),
exemption; request for comments. as described in the system of records Federal Register notice in conjunction
notice (DOT/ALL–14 FDMS), which can with the November 8, 2005 (70 FR
SUMMARY: FMCSA announces receipt of be reviewed at http://www.dot.gov/ 67777), Federal Register notice provides
applications from 37 individuals for an privacy. the current protocol for allowing such
exemption from the prohibition in the FOR FURTHER INFORMATION CONTACT: Ms. drivers to operate CMVs in interstate
Federal Motor Carrier Safety Christine A. Hydock, Chief, Medical commerce.
Regulations (FMCSRs) against persons Programs Division, (202) 366–4001, FMCSA notes that section 4129 of the
with insulin-treated diabetes mellitus fmcsamedical@dot.gov, FMCSA, Safe, Accountable, Flexible and
(ITDM) operating a commercial motor Department of Transportation, 1200 Efficient Transportation Equity Act: A
vehicle (CMV) in interstate commerce. If New Jersey Avenue SE, Room W64–224, Legacy for Users requires the Secretary
daltland on DSKBBV9HB2PROD with NOTICES
granted, the exemptions would enable Washington, DC 20590–0001. Office to revise its diabetes exemption program
these individuals with ITDM to operate hours are 8:30 a.m. to 5 p.m., E.T., established on September 3, 2003 (68 FR
CMVs in interstate commerce. Monday through Friday, except Federal 52441). The revision must provide for
DATES: Comments must be received on holidays. If you have questions individual assessment of drivers with
or before June 28, 2018. regarding viewing or submitting diabetes mellitus, and be consistent
ADDRESSES: You may submit comments material to the docket, contact Docket with the criteria described in section
bearing the Federal Docket Management Services, telephone (202) 366–9826. 4018 of the Transportation Equity Act
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![Federal Register / Vol. 83, No. 103 / Tuesday, May 29, 2018 / Notices 24581
optometrist examined him in 2017 and diabetes using insulin, and is able to larger than 81⁄2 by 11 inches, suitable for
certified that he does not have diabetic drive a CMV safely. Mr. Willis Sloan copying and electronic filing. If you
retinopathy. He holds a Class A CDL meets the requirements of the vision submit comments by mail and would
from Michigan. standard at 49 CFR 391.41(b)(10). His like to know that they reached the
ophthalmologist examined him in 2017 facility, please enclose a stamped, self-
Trent J. Vandyken
and certified that he does not have addressed postcard or envelope.
Mr. Vandyken, 34, has had ITDM diabetic retinopathy. He holds an We will consider all comments and
since 2018. His endocrinologist Operator’s License from Missouri. materials received during the comment
examined him in 2018 and certified that period. FMCSA may issue a final
he has had no severe hypoglycemic Debra A. Wiss
determination at any time after the close
reactions resulting in loss of Ms. Wiss, 61, has had ITDM since of the comment period.
consciousness, requiring the assistance 2016. Her endocrinologist examined her
of another person, or resulting in in 2018 and certified that she has had V. Viewing Comments and Documents
impaired cognitive function that no severe hypoglycemic reactions To view comments, as well as any
occurred without warning in the past 12 resulting in loss of consciousness, documents mentioned in this preamble,
months and no recurrent (two or more) requiring the assistance of another go to http://www.regulations.gov and in
severe hypoglycemic episodes in the person, or resulting in impaired the search box insert the docket number
last five years. His endocrinologist cognitive function that occurred without FMCSA–2018–0029 and click ‘‘Search.’’
certifies that Mr. Vandyken understands warning in the past 12 months and no Next, click ‘‘Open Docket Folder’’ and
diabetes management and monitoring, recurrent (two or more) severe you will find all documents and
has stable control of his diabetes using hypoglycemic episodes in the last five comments related to this notice.
insulin, and is able to drive a CMV years. Her endocrinologist certifies that
Dated: May 17, 2018.
safely. Mr. Vandyken meets the Ms. Wiss understands diabetes
requirements of the vision standard at management and monitoring, has stable Larry W. Minor,
49 CFR 391.41(b)(10). His optometrist control of her diabetes using insulin, Associate Administrator for Policy.
examined him in 2018 and certified that and is able to drive a CMV safely. Ms. [FR Doc. 2018–11411 Filed 5–25–18; 8:45 am]
he does not have diabetic retinopathy. Wiss meets the requirements of the BILLING CODE 4910–EX–P
He holds a Class A CDL from Montana. vision standard at 49 CFR 391.41(b)(10).
Gregory A. Westfall Her optometrist examined her in 2018
and certified that she does not have DEPARTMENT OF TRANSPORTATION
Mr. Westfall, 35, has had ITDM since diabetic retinopathy. She holds a Class
2007. His endocrinologist examined him B CDL from Washington. Federal Motor Carrier Safety
in 2018 and certified that he has had no Administration
severe hypoglycemic reactions resulting III. Request for Comments
[Docket No. FMCSA–2008–0071; FMCSA–
in loss of consciousness, requiring the In accordance with 49 U.S.C. 31136(e) 2012–0044; FMCSA–2012–0107; FMCSA–
assistance of another person, or and 31315, FMCSA requests public 2014–0015; FMCSA–2014–0016; FMCSA–
resulting in impaired cognitive function comment from all interested persons on 2016–0037; FMCSA–2016–0039]
that occurred without warning in the the exemption petitions described in
past 12 months and no recurrent (two or this notice. We will consider all Qualification of Drivers; Exemption
more) severe hypoglycemic episodes in comments received before the close of Applications; Diabetes
the last five years. His endocrinologist business on the closing date indicated AGENCY: Federal Motor Carrier Safety
certifies that Mr. Westfall understands in the dates section of the notice. Administration (FMCSA), DOT.
diabetes management and monitoring,
has stable control of his diabetes using IV. Submitting Comments ACTION: Notice of renewal of
insulin, and is able to drive a CMV You may submit your comments and exemptions; request for comments.
safely. Mr. Westfall meets the material online or by fax, mail, or hand
SUMMARY: FMCSA announces its
requirements of the vision standard at delivery, but please use only one of
decision to renew exemptions for 133
49 CFR 391.41(b)(10). His optometrist these means. FMCSA recommends that
individuals from its prohibition in the
examined him in 2018 and certified that you include your name and a mailing
Federal Motor Carrier Safety
he does not have diabetic retinopathy. address, an email address, or a phone
Regulations (FMCSRs) against persons
He holds an operator’s license from number in the body of your document
with insulin-treated diabetes mellitus
Ohio. so that FMCSA can contact you if there
(ITDM) from operating commercial
are questions regarding your
Kevin L. Willis Sloan motor vehicles (CMVs) in interstate
submission.
Mr. Willis Sloan, 48, has had ITDM To submit your comment online, go to commerce. The exemptions enable these
since 2015. His endocrinologist http://www.regulations.gov and in the individuals with ITDM to continue to
examined him in 2018 and certified that search box insert the docket number operate CMVs in interstate commerce.
he has had no severe hypoglycemic FMCSA–2018–0029 and click the search DATES: Each group of renewed
reactions resulting in loss of button. When the new screen appears, exemptions were applicable on the
consciousness, requiring the assistance click on the blue ‘‘Comment Now!’’ dates stated in the discussions below
of another person, or resulting in button on the right hand side of the and will expire on the dates stated in
impaired cognitive function that page. On the new page, enter the discussions below. Comments must
daltland on DSKBBV9HB2PROD with NOTICES
occurred without warning in the past 12 information required including the be received on or before June 28, 2018.
months and no recurrent (two or more) specific section of this document to ADDRESSES: You may submit comments
severe hypoglycemic episodes in the which each comment applies, and bearing the Federal Docket Management
last five years. His endocrinologist provide a reason for each suggestion or System (FDMS) Docket No. FMCSA–
certifies that Mr. Willis Sloan recommendation. If you submit your 2008–0071; FMCSA–2012–0044;
understands diabetes management and comments by mail or hand delivery, FMCSA–2012–0107; FMCSA–2014–
monitoring, has stable control of his submit them in an unbound format, no 0015; FMCSA–2014–0016; FMCSA–
VerDate Sep<11>2014 16:39 May 25, 2018 Jkt 244001 PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 E:\FR\FM\29MYN1.SGM 29MYN1](https://thefederalregister.org/doc/83_FR_24679/page/6.svg)
Document Created: 2018-05-26 00:48:46
Document Modified: 2018-05-26 00:48:46
| 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 24576 |
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