83 FR 28329 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 117 (June 18, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 117 (June 18, 2018)
| Page Range | 28329-28330 | |
| FR Document | 2018-13009 |
[Federal Register Volume 83, Number 117 (Monday, June 18, 2018)] [Notices] [Pages 28329-28330] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-13009] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA-2018-0023] Qualification of Drivers; Exemption Applications; Diabetes Mellitus AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. ----------------------------------------------------------------------- SUMMARY: FMCSA announces its decision to exempt 46 individuals from the prohibition in the Federal Motor Carrier Safety Regulations (FMCSRs) against persons with insulin-treated diabetes mellitus (ITDM) from operating a commercial motor vehicle (CMV) in interstate commerce. The exemptions enable these individuals with ITDM to operate CMVs in interstate commerce. DATES: The exemptions were applicable on May 10, 2018. The exemptions expire on May 10, 2020. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. SUPPLEMENTARY INFORMATION: I. Electronic Access You may see all the comments online through the Federal Document Management System (FDMS) at: http://www.regulations.gov. Docket: For access to the docket to read background documents or comments, go to http://www.regulations.gov and/or Room W12-140 on the ground level of the West Building, 1200 New Jersey Avenue, SE, Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to http://www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at http://www.dot.gov/privacy. II. Background On April 9, 2018, FMCSA published a notice announcing receipt of applications from 46 individuals requesting an exemption from diabetes requirement in 49 CFR 391.41(b)(3) and requested comments from the public (83 FR 15225). The public comment period ended on May 9, 2018, and one comment was received. FMCSA has evaluated the eligibility of these applicants and determined that granting the exemptions to these individuals would achieve a level of safety equivalent to or greater than the level that would be achieved by complying with the current regulation 49 CFR 391.41(b)(3). 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. III. Discussion of Comments FMCSA received one comments in this proceeding. Mr. Norman Le Doux Sr. stated his company supports Mr. Daniel Howell receiving his Federal diabetes exemption. IV. Basis for Exemption Determination Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the diabetes standard in 49 CFR 391.41(b)(3) if the exemption is likely to achieve an equivalent or greater level of safety than would be achieved without the exemption. The exemption allows the applicants to operate CMVs in interstate commerce. The Agency's decision regarding these exemption applications is based on the program eligibility criteria and an individualized assessment of information submitted by each applicant. The qualifications, experience, and medical condition of [[Page 28330]] each applicant were stated and discussed in detail in the April 9, 2018, Federal Register notice (83 FR 15225) and will not be repeated in this notice. These 46 applicants have had ITDM over a range of 1 to 28 years. These applicants report no severe hypoglycemic reactions resulting in loss of consciousness or seizure, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning symptoms, in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the past five years. In each case, an endocrinologist verified that the driver has demonstrated a willingness to properly monitor and manage his/her diabetes mellitus, received education related to diabetes management, and is on a stable insulin regimen. These drivers report no other disqualifying conditions, including diabetes related complications. Each meets the vision requirement at 49 CFR 391.41(b)(10). Consequently, FMCSA finds that in each case exempting these applicants from the diabetes requirement in 49 CFR 391.41(b)(3) is likely to achieve a level of safety equal to that existing without the exemption. V. Conditions and Requirements The terms and conditions of the exemption are provided to the applicants in the exemption document and includes the following: (1) Each driver must submit a quarterly monitoring checklist completed by the treating endocrinologist as well as an annual checklist with a comprehensive medical evaluation; (2) each driver must report within two business days of occurrence, all episodes of severe hypoglycemia, significant complications, or inability to manage diabetes; also, any involvement in an accident or any other adverse event in a CMV or personal vehicle, whether or not it is related to an episode of hypoglycemia; (3) each driver must provide a copy of the ophthalmologist's or optometrist's report to the Medical Examiner at the time of the annual medical examination; and (4) each driver must provide a copy of the annual medical certification to the employer for retention in the driver's qualification file, or keeping a copy in his/ her driver's qualification file if he/she is self-employed. The driver must also have a copy of the exemption when driving, for presentation to a duly authorized Federal, State, or local enforcement official. VI. Preemption During the period the exemption is in effect, no State shall enforce any law or regulation that conflicts with this exemption with respect to a person operating under the exemption. VII. Conclusion Based upon its evaluation of the 46 exemption applications, FMCSA exempts the following drivers from the diabetes requirement in 49 CFR 391.41(b)(10), subject to the requirements cited above: Mark G. Albertson (NY) Duane L. Barrett (AL) Marvin L. Bodey (TX) Kevin A. Cardona (NY) James W. Carlson (WI) Kyle E. Caswell (MA) Nathaniel W. Curry (NC) Henry H. Daugherty (PA) Victor D. Davis (DE) Todd E. Dawson (MI) James A. Denmark (GA) John V. Dobrowski (NH) Michael W. Driggers (SC) Michael J. Duffey (VA) Timothy L. Ebbers (IL) Alfred K. Estes (WI) Travis L. Gelbrich (OR) Wyllshaun A. Gipson (ME) Adam K. Graham (PA) Nicholas D. Haggerty (WV) John A. Hayes (NY) Dennis R. Henry (TX) Kenneth R. Henry (TX) Robert T. Holcombe (TN) Richard P. Houle (WA) Daniel S. Howell (PA) Christopher S. Justice (NC) William T. Kribell (SD) Jason A. Lantz (MN) Dennis A. Lightbown (CO) Anthony L. Maita (PA) Robert M. Matthies (MA) James J.P. May (CA) Dale H.N. McCann (PA) James L. Morgan, Jr. (NC) William L. Nicklas (PA) Lorenzo E. Romo (TX) Dennis K. Rottenbucher (SD) Gregory Schembri (PA) Douglas R. Schrader (WI) Ethan J. Stewmon (TN) Charles F. Stockton (MO) Michael E. Thomas (NE) Benjamin D. Utoft (IA) Cassandra D. Waters (MD) Daniel J. Welch (MI) In accordance with 49 U.S.C. 31136(e) and 31315, each exemption will be valid for two years from the effective date unless revoked earlier by FMCSA. The exemption will be revoked if the following occurs: (1) The person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained prior to being granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315. Issued on: June 11, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-13009 Filed 6-15-18; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices 28329
deficiencies are good predictors of for two years from the effective date www.regulations.gov and/or Room
future performance, FMCSA concludes unless revoked earlier by FMCSA. The W12–140 on the ground level of the
their ability to drive safely can be exemption will be revoked if the West Building, 1200 New Jersey
projected into the future. following occurs: (1) The person fails to Avenue, SE, Washington, DC, between 9
Consequently, FMCSA finds that in comply with the terms and conditions a.m. and 5 p.m., e.t., Monday through
each case exempting these applicants of the exemption; (2) the exemption has Friday, except Federal holidays.
from the vision requirement in 49 CFR resulted in a lower level of safety than Privacy Act: In accordance with 5
391.41(b)(10) is likely to achieve a level was maintained prior to being granted; U.S.C. 553(c), DOT solicits comments
of safety equal to that existing without or (3) continuation of the exemption from the public to better inform its
the exemption. would not be consistent with the goals rulemaking process. DOT posts these
and objectives of 49 U.S.C. 31136 and comments, without edit, including any
V. Conditions and Requirements
31315. personal information the commenter
The terms and conditions of the provides, to http://www.regulations.gov,
Issued on: June 11, 2018.
exemption are provided to the as described in the system of records
applicants in the exemption document Larry W. Minor,
notice (DOT/ALL–14 FDMS), which can
and includes the following: (1) Each Associate Administrator for Policy.
be reviewed at http://www.dot.gov/
driver must be physically examined [FR Doc. 2018–13008 Filed 6–15–18; 8:45 am] privacy.
every year (a) by an ophthalmologist or BILLING CODE 4910–EX–P
optometrist who attests that the vision II. Background
in the better eye continues to meet the On April 9, 2018, FMCSA published
standard in 49 CFR 391.41(b)(10) and (b) DEPARTMENT OF TRANSPORTATION a notice announcing receipt of
by a certified Medical Examiner who applications from 46 individuals
Federal Motor Carrier Safety requesting an exemption from diabetes
attests that the individual is otherwise
Administration requirement in 49 CFR 391.41(b)(3) and
physically qualified under 49 CFR
391.41; (2) each driver must provide a [FMCSA Docket No. FMCSA–2018–0023] requested comments from the public (83
copy of the ophthalmologist’s or FR 15225). The public comment period
optometrist’s report to the Medical Qualification of Drivers; Exemption ended on May 9, 2018, and one
Examiner at the time of the annual Applications; Diabetes Mellitus comment was received.
medical examination; and (3) each AGENCY: Federal Motor Carrier Safety FMCSA has evaluated the eligibility
driver must provide a copy of the Administration (FMCSA), DOT. of these applicants and determined that
annual medical certification to the granting the exemptions to these
ACTION: Notice of final disposition.
employer for retention in the driver’s individuals would achieve a level of
qualification file, or keep a copy in his/ SUMMARY: FMCSA announces its safety equivalent to or greater than the
her driver’s qualification file if he/she is decision to exempt 46 individuals from level that would be achieved by
self-employed. The driver must also the prohibition in the Federal Motor complying with the current regulation
have a copy of the exemption when Carrier Safety Regulations (FMCSRs) 49 CFR 391.41(b)(3).
driving, for presentation to a duly against persons with insulin-treated The physical qualification standard
authorized Federal, State, or local diabetes mellitus (ITDM) from operating for drivers regarding diabetes found in
enforcement official. a commercial motor vehicle (CMV) in 49 CFR 391.41(b)(3) states that a person
interstate commerce. The exemptions is physically qualified to drive a CMV
VI. Preemption if that person has no established
enable these individuals with ITDM to
During the period the exemption is in operate CMVs in interstate commerce. medical history or clinical diagnosis of
effect, no State shall enforce any law or diabetes mellitus currently requiring
DATES: The exemptions were applicable
regulation that conflicts with this insulin for control.
on May 10, 2018. The exemptions
exemption with respect to a person
expire on May 10, 2020. III. Discussion of Comments
operating under the exemption.
FOR FURTHER INFORMATION CONTACT: Ms. FMCSA received one comments in
VII. Conclusion Christine A. Hydock, Chief, Medical this proceeding. Mr. Norman Le Doux
Based upon its evaluation of the 13 Programs Division, (202) 366–4001, Sr. stated his company supports Mr.
exemption applications, FMCSA fmcsamedical@dot.gov, FMCSA, Daniel Howell receiving his Federal
exempts the following drivers from the Department of Transportation, 1200 diabetes exemption.
vision requirement, 49 CFR New Jersey Avenue SE, Room W64–224,
Washington, DC 20590–0001. Office IV. Basis for Exemption Determination
391.41(b)(10), subject to the
requirements cited above: hours are from 8:30 a.m. to 5 p.m., e.t., Under 49 U.S.C. 31136(e) and 31315,
Ahmed Abukhatwa (MI) Monday through Friday, except Federal FMCSA may grant an exemption from
James A. Barlow (OH) holidays. If you have questions the diabetes standard in 49 CFR
Thomas R. Danser (PA) regarding viewing or submitting 391.41(b)(3) if the exemption is likely to
Jerome DeFabo, Jr. (PA) material to the docket, contact Docket achieve an equivalent or greater level of
Jorge Gonzales (FL) Services, telephone (202) 366–9826. safety than would be achieved without
Jimmy D. Johnson (MS) SUPPLEMENTARY INFORMATION: the exemption. The exemption allows
Michael S. Mai (KS) the applicants to operate CMVs in
Jose M. Rios (NY) I. Electronic Access interstate commerce.
amozie on DSK3GDR082PROD with NOTICES1
Michael B. Sauseda (IL) You may see all the comments online The Agency’s decision regarding these
Steven D. Schlichting (NE) through the Federal Document exemption applications is based on the
Jesse P. Schuster (ND) Management System (FDMS) at: http:// program eligibility criteria and an
Joseph L. Smith (WV) www.regulations.gov. individualized assessment of
Larry L. Stewart (NC) Docket: For access to the docket to information submitted by each
In accordance with 49 U.S.C. 31136(e) read background documents or applicant. The qualifications,
and 31315, each exemption will be valid comments, go to http:// experience, and medical condition of
VerDate Sep<11>2014 18:00 Jun 15, 2018 Jkt 244001 PO 00000 Frm 00148 Fmt 4703 Sfmt 4703 E:\FR\FM\18JNN1.SGM 18JNN1](https://thefederalregister.org/doc/83_FR_28446/page/1.svg)
![28330 Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices
each applicant were stated and VI. Preemption resulted in a lower level of safety than
discussed in detail in the April 9, 2018, During the period the exemption is in was maintained prior to being granted;
Federal Register notice (83 FR 15225) effect, no State shall enforce any law or or (3) continuation of the exemption
and will not be repeated in this notice. regulation that conflicts with this would not be consistent with the goals
These 46 applicants have had ITDM exemption with respect to a person and objectives of 49 U.S.C. 31136(e) and
operating under the exemption. 31315.
over a range of 1 to 28 years. These
applicants report no severe Issued on: June 11, 2018.
VII. Conclusion
hypoglycemic reactions resulting in loss Larry W. Minor,
of consciousness or seizure, requiring Based upon its evaluation of the 46 Associate Administrator for Policy.
the assistance of another person, or exemption applications, FMCSA [FR Doc. 2018–13009 Filed 6–15–18; 8:45 am]
resulting in impaired cognitive function exempts the following drivers from the BILLING CODE 4910–EX–P
that occurred without warning diabetes requirement in 49 CFR
symptoms, in the past 12 months and no 391.41(b)(10), subject to the
recurrent (two or more) severe requirements cited above: DEPARTMENT OF TRANSPORTATION
hypoglycemic episodes in the past five Mark G. Albertson (NY)
years. In each case, an endocrinologist Duane L. Barrett (AL) Federal Motor Carrier Safety
verified that the driver has Marvin L. Bodey (TX) Administration
demonstrated a willingness to properly Kevin A. Cardona (NY) [Docket No. FMCSA–2012–0322; FMCSA–
monitor and manage his/her diabetes James W. Carlson (WI) 2013–0122; FMCSA–2013–0123; FMCSA–
mellitus, received education related to Kyle E. Caswell (MA) 2015–0329; FMCSA–2013–0124]
diabetes management, and is on a stable Nathaniel W. Curry (NC)
insulin regimen. These drivers report no Henry H. Daugherty (PA) Qualification of Drivers; Exemption
other disqualifying conditions, Victor D. Davis (DE) Applications; Hearing
Todd E. Dawson (MI)
including diabetes related AGENCY: Federal Motor Carrier Safety
James A. Denmark (GA)
complications. Each meets the vision Administration (FMCSA), DOT.
John V. Dobrowski (NH)
requirement at 49 CFR 391.41(b)(10). ACTION: Notice of renewal of
Michael W. Driggers (SC)
Consequently, FMCSA finds that in Michael J. Duffey (VA) exemptions; request for comments.
each case exempting these applicants Timothy L. Ebbers (IL)
from the diabetes requirement in 49 CFR Alfred K. Estes (WI) SUMMARY: FMCSA announces its
391.41(b)(3) is likely to achieve a level Travis L. Gelbrich (OR) decision to renew exemptions for 19
of safety equal to that existing without Wyllshaun A. Gipson (ME) individuals from the hearing
the exemption. Adam K. Graham (PA) requirement in the Federal Motor
Nicholas D. Haggerty (WV) Carrier Safety Regulations (FMCSRs) for
V. Conditions and Requirements John A. Hayes (NY) interstate commercial motor vehicle
Dennis R. Henry (TX) (CMV) drivers. The exemptions enable
The terms and conditions of the these hard of hearing and deaf
exemption are provided to the Kenneth R. Henry (TX)
Robert T. Holcombe (TN) individuals to continue to operate CMVs
applicants in the exemption document in interstate commerce.
and includes the following: (1) Each Richard P. Houle (WA)
Daniel S. Howell (PA) DATES: Each group of renewed
driver must submit a quarterly exemptions were applicable on the
Christopher S. Justice (NC)
monitoring checklist completed by the dates stated in the discussions below
William T. Kribell (SD)
treating endocrinologist as well as an and will expire on the dates stated in
Jason A. Lantz (MN)
annual checklist with a comprehensive Dennis A. Lightbown (CO) the discussions below. Comments must
medical evaluation; (2) each driver must Anthony L. Maita (PA) be received on or before July 18, 2018.
report within two business days of Robert M. Matthies (MA) ADDRESSES: You may submit comments
occurrence, all episodes of severe James J.P. May (CA) bearing the Federal Docket Management
hypoglycemia, significant Dale H.N. McCann (PA) System (FDMS) Docket No. FMCSA–
complications, or inability to manage James L. Morgan, Jr. (NC) 2012–0322; FMCSA–2013–0122;
diabetes; also, any involvement in an William L. Nicklas (PA) FMCSA–2013–0123; FMCSA–2015–
accident or any other adverse event in Lorenzo E. Romo (TX) 0329; and FMCSA–13–0124 using any
a CMV or personal vehicle, whether or Dennis K. Rottenbucher (SD) of the following methods:
not it is related to an episode of Gregory Schembri (PA) • Federal eRulemaking Portal: Go to
hypoglycemia; (3) each driver must Douglas R. Schrader (WI) http://www.regulations.gov. Follow the
provide a copy of the ophthalmologist’s Ethan J. Stewmon (TN) online instructions for submitting
or optometrist’s report to the Medical Charles F. Stockton (MO) comments.
Examiner at the time of the annual Michael E. Thomas (NE) • Mail: Docket Management Facility;
medical examination; and (4) each Benjamin D. Utoft (IA) U.S. Department of Transportation, 1200
driver must provide a copy of the Cassandra D. Waters (MD) New Jersey Avenue SE, West Building
annual medical certification to the Daniel J. Welch (MI) Ground Floor, Room W12–140,
employer for retention in the driver’s In accordance with 49 U.S.C. 31136(e) Washington, DC 20590–0001.
amozie on DSK3GDR082PROD with NOTICES1
qualification file, or keeping a copy in and 31315, each exemption will be valid • Hand Delivery: West Building
his/her driver’s qualification file if he/ for two years from the effective date Ground Floor, Room W12–140, 1200
she is self-employed. The driver must unless revoked earlier by FMCSA. The New Jersey Avenue SE, Washington,
also have a copy of the exemption when exemption will be revoked if the DC, between 9 a.m. and 5 p.m., e.t.,
driving, for presentation to a duly following occurs: (1) The person fails to Monday through Friday, except Federal
authorized Federal, State, or local comply with the terms and conditions Holidays.
enforcement official. of the exemption; (2) the exemption has • Fax: 1–202–493–2251.
VerDate Sep<11>2014 18:00 Jun 15, 2018 Jkt 244001 PO 00000 Frm 00149 Fmt 4703 Sfmt 4703 E:\FR\FM\18JNN1.SGM 18JNN1](https://thefederalregister.org/doc/83_FR_28446/page/2.svg)
Document Created: 2018-06-18 15:49:41
Document Modified: 2018-06-18 15:49:41
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of final disposition. | |
| Dates | The exemptions were applicable on May 10, 2018. The exemptions expire on May 10, 2020. | |
| Contact | Ms. Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. | |
| FR Citation | 83 FR 28329 |
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