83 FR 28337 - 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 | 28337-28339 | |
| FR Document | 2018-13011 |
[Federal Register Volume 83, Number 117 (Monday, June 18, 2018)] [Notices] [Pages 28337-28339] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-13011] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA-2018-0024] 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 72 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. [[Page 28338]] II. Background On April 9, 2018, FMCSA published a notice announcing receipt of applications from 72 individuals requesting an exemption from diabetes requirement in 49 CFR 391.41(b)(3) and requested comments from the public (83 FR 15202). The public comment period ended on May 9, 2018, and no comments were 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 no comments in this proceeding. 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 each applicant were stated and discussed in detail in the April 9, 2018, Federal Register notice (83 FR 15202) and will not be repeated in this notice. These 72 applicants have had ITDM over a range of 1 to 32 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 72 exemption applications, FMCSA exempts the following drivers from the diabetes requirement in 49 CFR 391.41(b)(10), subject to the requirements cited above: Anthony R. Adamo (NY) Waleid M. Aly (NJ) Danny T. Anderson (GA) Robert F. Araway, II (MI) Roger M. Aschan (IA) James V. Azzarello (PA) Curtis B. Baker (DE) Keith L. Banitt (MN) Robert L. Bates (TX) Timmy L. Bergman (IN) John G. Biggs (MO) Jason R. Brown (IA) David W. Burkholder (PA) Jeffrey J. Burrichter (TX) Lou M. Cain (TX) Brayden S. Carothers (UT) William E. Carr (MA) Ebon T. Christian (CA) Yasser A. Daadour (WA) Michael C. Elliott (KY) Michael A. Fowler (OH) Corey J. Gillard (TN) John D. Goodrich (NE) Mike Gordon (CA) Daniel W. Greene (IN) Rodney K. Hammond (IN) Kasey D. Hardie (WA) Donald F. Higgins (IN) Raymond O. Hill (IL) Peter M. Hluchaniuk (FL) Phillip G. Hortin (IN) Robert C. Hosfelt (PA) Benjirman A. Hufstedler (NE) Terry A. Jeralds (IL) Nicholas L. Judd (KS) Joseph Kohorst (TX) Matthew J. Lacey, Sr. (IL) Douglas B. Lampela (MI) Timothy Leroux (MA) Robert A. Lukasavage (PA) Elias Martinez-Medina (ID) Michael E. Maxcy (MS) Edwin P. McNamara (SD) Barbara J. McNew (IN) William A. Mejia (MA) David L. Mitchell (IA) Ibrahim Moussa (IN) Steven E. Nixon (CO) Kendrick D. Northan (VA) Robert L. Pae, Jr. (NJ) James A. Parnell (SC) Tyler D. Pittsley (ND) Austin L. Powell (TX) Randolph L. Saunders (PA) Thomas J. Scholten (MI) Gerod M. Scott (SC) Patty A. Sealy (AL) Elvin L. Shaum (OH) Joseph A. Snyder (OH) Brandon T. Staebler (OR) Max H. Swartz, Jr. (PA) Brian J. Tegeler (IL) Tony L. Tracy (IN) Jonathan P. Tschannen (IL) Philip C. Vanderiet (TX) David W. Vickmark (MN) Aaron A. Ward (IL) Jerry C. Ward (LA) Michael A. Wells (GA) Kennie O. Williams (NC) Robert V. Woodrup (NC) Joseph H. Woods (OH) 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 [[Page 28339]] 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. 2018-13011 Filed 6-15-18; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices 28337
has driven straight trucks for six years, III. Request for Comments DEPARTMENT OF TRANSPORTATION
accumulating 180,000 miles, and
tractor-trailer combinations for four In accordance with 49 U.S.C. 31136(e) Federal Motor Carrier Safety
years, accumulating 40,000 miles. He and 31315, FMCSA requests public Administration
holds an operator’s license from South comment from all interested persons on
Dakota. His driving record for the last the exemption petitions described in [FMCSA Docket No. FMCSA–2018–0024]
three years shows no crashes and no this notice. We will consider all
convictions for moving violations in a comments and material received before Qualification of Drivers; Exemption
CMV. the close of business on the closing date Applications; Diabetes Mellitus
indicated in the dates section of the
Marco A. Pinto AGENCY: Federal Motor Carrier Safety
notice.
Mr. Pinto, 70, has a prosthetic left eye Administration (FMCSA), DOT.
IV. Submitting Comments ACTION: Notice of final disposition.
due to a traumatic incident in 2001. The
visual acuity in his right eye is 20/20, You may submit your comments and
and in his left eye, no light perception. SUMMARY: FMCSA announces its
material online or by fax, mail, or hand
Following an examination in 2018, his decision to exempt 72 individuals from
delivery, but please use only one of
ophthalmologist stated, ‘‘I believe he the prohibition in the Federal Motor
these means. FMCSA recommends that Carrier Safety Regulations (FMCSRs)
has sufficient vision to perform the you include your name and a mailing
driving tasks needed to operate a against persons with insulin-treated
address, an email address, or a phone diabetes mellitus (ITDM) from operating
commercial vehicle.’’ Mr. Pinto reported
number in the body of your document a commercial motor vehicle (CMV) in
that he has driven tractor-trailer
combinations for 54 years, accumulating so that FMCSA can contact you if there interstate commerce. The exemptions
5.4 million miles. He holds a Class A are questions regarding your enable these individuals with ITDM to
CDL from New York. His driving record submission. operate CMVs in interstate commerce.
for the last three years shows no crashes To submit your comment online, go to DATES: The exemptions were applicable
and no convictions for moving http://www.regulations.gov and in the on May 10, 2018. The exemptions
violations in a CMV. search box insert the docket number expire on May 10, 2020.
Andrew R. Sampson, Jr. FMCSA–2018–0013 and click the search FOR FURTHER INFORMATION CONTACT: Ms.
button. When the new screen appears, Christine A. Hydock, Chief, Medical
Mr. Sampson, 50, has complete loss of click on the blue ‘‘Comment Now!’’ Programs Division, (202) 366–4001,
vision in his left eye due to a ruptured button on the right hand side of the fmcsamedical@dot.gov, FMCSA,
globe in childhood. The visual acuity in page. On the new page, enter Department of Transportation, 1200
his right eye is 20/15, and in his left eye, information required including the New Jersey Avenue SE, Room W64–224,
no light perception. Following an specific section of this document to Washington, DC 20590–0001. Office
examination in 2018, his optometrist which each comment applies, and hours are from 8:30 a.m. to 5 p.m., e.t.,
stated, ‘‘I certify that Mr. Sampson, in provide a reason for each suggestion or Monday through Friday, except Federal
my medical opinion, has sufficient recommendation. If you submit your holidays. If you have questions
vision to perform driving tasks required comments by mail or hand delivery, regarding viewing or submitting
to operate a commercial vehicle.’’ Mr. submit them in an unbound format, no material to the docket, contact Docket
Sampson reported that he has driven Services, telephone (202) 366–9826.
larger than 81⁄2 by 11 inches, suitable for
straight trucks for 15 years,
copying and electronic filing. If you SUPPLEMENTARY INFORMATION:
accumulating 720,000 miles, and
tractor-trailer combinations for two submit comments by mail and would
like to know that they reached the I. Electronic Access
years, accumulating 80,000 miles. He
holds a Class A CDL from Maryland. His facility, please enclose a stamped, self- You may see all the comments online
driving record for the last three years addressed postcard or envelope. through the Federal Document
shows no crashes and no convictions for We will consider all comments and Management System (FDMS) at: http://
moving violations in a CMV. materials received during the comment www.regulations.gov.
period. FMCSA may issue a final Docket: For access to the docket to
Khamla Vongvoraseng read background documents or
determination at any time after the close
Ms. Vongvoraseng, 37, has had of the comment period. comments, go to http://
amblyopia in her right eye since www.regulations.gov and/or Room
childhood. The visual acuity in her right V. Viewing Comments and Documents W12–140 on the ground level of the
eye is 20/100, and in her left eye, 20/ West Building, 1200 New Jersey Avenue
To view comments, as well as any
20. Following an examination in 2018, SE, Washington, DC, between 9 a.m. and
documents mentioned in this preamble, 5 p.m., e.t., Monday through Friday,
her optometrist stated, ‘‘Without a
go to http://www.regulations.gov and in except Federal holidays.
doubt, I certify that in my medical
the search box insert the docket number
opinion, Ms. Khamla Vongvoraseng has Privacy Act: In accordance with 5
sufficient vision to perform the driving FMCSA–2018–0013 and click ‘‘Search.’’ U.S.C. 553(c), DOT solicits comments
task required to operate a commercial Next, click ‘‘Open Docket Folder’’ and from the public to better inform its
vehicle.’’ Ms. Vongvoraseng reported you will find all documents and rulemaking process. DOT posts these
amozie on DSK3GDR082PROD with NOTICES1
that she has driven straight trucks for comments related to this notice. comments, without edit, including any
five years, accumulating 121,920 miles. Issued on: June 11, 2018. personal information the commenter
She holds an operator’s license from Larry W. Minor, provides, to http://www.regulations.gov,
North Carolina. Her driving record for Associate Administrator for Policy.
as described in the system of records
the last three years shows no crashes notice (DOT/ALL–14 FDMS), which can
[FR Doc. 2018–13006 Filed 6–15–18; 8:45 am]
and no convictions for moving be reviewed at http://www.dot.gov/
violations in a CMV. BILLING CODE 4910–EX–P privacy.
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![Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices 28339
exemption will be revoked if the West Building, 1200 New Jersey Avenue These 40 applicants have had ITDM
following occurs: (1) The person fails to SE, Washington, DC, between 9 a.m. and over a range of 1 to 37 years. These
comply with the terms and conditions 5 p.m., e.t., Monday through Friday, applicants report no severe
of the exemption; (2) the exemption has except Federal holidays. hypoglycemic reactions resulting in loss
resulted in a lower level of safety than Privacy Act: In accordance with 5 of consciousness or seizure, requiring
was maintained prior to being granted; U.S.C. 553(c), DOT solicits comments the assistance of another person, or
or (3) continuation of the exemption from the public to better inform its resulting in impaired cognitive function
would not be consistent with the goals rulemaking process. DOT posts these that occurred without warning
and objectives of 49 U.S.C. 31136(e) and comments, without edit, including any symptoms, in the past 12 months and no
31315. personal information the commenter recurrent (two or more) severe
Issued on: June 11, 2018. provides, to http://www.regulations.gov, hypoglycemic episodes in the past five
as described in the system of records years. In each case, an endocrinologist
Larry W. Minor,
notice (DOT/ALL–14 FDMS), which can verified that the driver has
Associate Administrator for Policy. demonstrated a willingness to properly
be reviewed at http://www.dot.gov/
[FR Doc. 2018–13011 Filed 6–15–18; 8:45 am] privacy. monitor and manage his/her diabetes
BILLING CODE 4910–EX–P mellitus, received education related to
II. Background diabetes management, and is on a stable
On April 27, 2018, FMCSA published insulin regimen. These drivers report no
DEPARTMENT OF TRANSPORTATION a notice announcing receipt of other disqualifying conditions,
applications from 40 individuals including diabetes related
Federal Motor Carrier Safety requesting an exemption from diabetes complications. Each meets the vision
Administration requirement in 49 CFR 391.41(b)(3) and requirement at 49 CFR 391.41(b)(10).
[FMCSA Docket No. FMCSA–2018–0025] requested comments from the public (83 Consequently, FMCSA finds that in
FR 18627). The public comment period each case exempting these applicants
Qualification of Drivers; Exemption ended on May 29, 2018, and no from the diabetes requirement in 49 CFR
Applications; Diabetes Mellitus comments were received. 391.41(b)(3) is likely to achieve a level
FMCSA has evaluated the eligibility of safety equal to that existing without
AGENCY: Federal Motor Carrier Safety
of these applicants and determined that the exemption.
Administration (FMCSA), DOT.
granting the exemptions to these
ACTION: Notice of final disposition. V. Conditions and Requirements
individuals would achieve a level of
safety equivalent to or greater than the The terms and conditions of the
SUMMARY: FMCSA announces its
level that would be achieved by exemption are provided to the
decision to exempt 40 individuals from
complying with the current regulation applicants in the exemption document
the prohibition in the Federal Motor
49 CFR 391.41(b)(3). and includes the following: (1) Each
Carrier Safety Regulations (FMCSRs)
The physical qualification standard driver must submit a quarterly
against persons with insulin-treated
for drivers regarding diabetes found in monitoring checklist completed by the
diabetes mellitus (ITDM) from operating treating endocrinologist as well as an
a commercial motor vehicle (CMV) in 49 CFR 391.41(b)(3) states that a person
is physically qualified to drive a CMV annual checklist with a comprehensive
interstate commerce. The exemptions medical evaluation; (2) each driver must
enable these individuals with ITDM to if that person has no established
medical history or clinical diagnosis of report within two business days of
operate CMVs in interstate commerce. occurrence, all episodes of severe
diabetes mellitus currently requiring
DATES: The exemptions were applicable hypoglycemia, significant
insulin for control.
on May 30, 2018. The exemptions complications, or inability to manage
expire on May 30, 2020. III. Discussion of Comments diabetes; also, any involvement in an
FOR FURTHER INFORMATION CONTACT: Ms. FMCSA received no comments in this accident or any other adverse event in
Christine A. Hydock, Chief, Medical proceeding. a CMV or personal vehicle, whether or
Programs Division, (202) 366–4001, not it is related to an episode of
fmcsamedical@dot.gov, FMCSA, IV. Basis for Exemption Determination
hypoglycemia; (3) each driver must
Department of Transportation, 1200 Under 49 U.S.C. 31136(e) and 31315, provide a copy of the ophthalmologist’s
New Jersey Avenue SE, Room W64–224, FMCSA may grant an exemption from or optometrist’s report to the Medical
Washington, DC 20590–0001. Office the diabetes standard in 49 CFR Examiner at the time of the annual
hours are from 8:30 a.m. to 5 p.m., e.t., 391.41(b)(3) if the exemption is likely to medical examination; and (4) each
Monday through Friday, except Federal achieve an equivalent or greater level of driver must provide a copy of the
holidays. If you have questions safety than would be achieved without annual medical certification to the
regarding viewing or submitting the exemption. The exemption allows employer for retention in the driver’s
material to the docket, contact Docket the applicants to operate CMVs in qualification file, or keeping a copy in
Services, telephone (202) 366–9826. interstate commerce. his/her driver’s qualification file if he/
SUPPLEMENTARY INFORMATION: The Agency’s decision regarding these she is self-employed. The driver must
exemption applications is based on the also have a copy of the exemption when
I. Electronic Access program eligibility criteria and an driving, for presentation to a duly
You may see all the comments online individualized assessment of authorized Federal, State, or local
through the Federal Document information submitted by each enforcement official.
amozie on DSK3GDR082PROD with NOTICES1
Management System (FDMS) at: http:// applicant. The qualifications,
www.regulations.gov. experience, and medical condition of VI. Preemption
Docket: For access to the docket to each applicant were stated and During the period the exemption is in
read background documents or discussed in detail in the April 27, effect, no State shall enforce any law or
comments, go to http:// 2018, Federal Register notice (83 FR regulation that conflicts with this
www.regulations.gov and/or Room 18627) and will not be repeated in this exemption with respect to a person
W12–140 on the ground level of the notice. operating under the exemption.
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Document Created: 2018-06-18 15:50:30
Document Modified: 2018-06-18 15:50:30
| 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 28337 |
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