83 FR 34651 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 140 (July 20, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 140 (July 20, 2018)
| Page Range | 34651-34652 | |
| FR Document | 2018-15543 |
[Federal Register Volume 83, Number 140 (Friday, July 20, 2018)] [Notices] [Pages 34651-34652] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-15543] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA-2018-0028] 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 36 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 June 29, 2018. The exemptions expire on June 29, 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 May 29, 2018, FMCSA published a notice announcing receipt of applications from 36 individuals requesting an exemption from diabetes requirement in 49 CFR 391.41(b)(3) and requested comments from the public (83 FR 24563). The public comment period ended on June 28, 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 May 29, 2018, [[Page 34652]] Federal Register notice (83 FR 24563) and will not be repeated in this notice. These 36 applicants have had ITDM over a range of 1 to 31 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 36 exemption applications, FMCSA exempts the following drivers from the diabetes requirement in 49 CFR 391.41(b)(10), subject to the requirements cited above: Leobardo O. Antunez (WA) Alfred E. Apel (NY) Carl M. Bartlett (SD) Christopher A. Bell (IA) Gerald A. Brady (IA) Jeffrey Campbell (IN) Ricky L. Collett (OK) David M. Conrad (NM) Lee E. Crenshaw, Jr. (CT) Michael C. Crouch (OK) Matthew J. Doyal (GA) Maximiliano Duarte (AL) Thomas P. Dubia (NH) Michael W. Fellows (WA) Raydon R. Gall (ND) Clifford O. Hayter (FL) Anthony A. Helms, Sr. (SC) Brian D. Hopper (OK) Terry R. Hunter (IL) James C. Illingsworth (PA) Christopher M. Joswak (MI) Matthew S. Keas (KS) Matthew T. Leyden (NE) Jessica M. Merchen (GA) Charlie Moore, Jr. (NY) Wayne R. Mowery (PA) Jesteva L. Moye-Hosey (OH) Imelda Ortiz (NM) Wesley H. Pollock (OH) Robert J. Possley (WI) Samuel K. Sanders (KS) Leon J. Schlichte (IA) Landon H. Tuck (TX) Curtis D. Weinman (WA) Nathaniel W. Wessel (ME) Christopher H. Whitman (NC) 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: July 12, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-15543 Filed 7-19-18; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices 34651
Khaoe K. Smith determination any time after the close of www.regulations.gov and/or Room
Mr. Smith, age 42, holds a class A the comment period. W12–140 on the ground level of the
CDL in Georgia. West Building, 1200 New Jersey Avenue
V. Viewing Comments and Documents
SE, Washington, DC, between 9 a.m. and
Ronell Smith To view comments, as well as any 5 p.m., e.t., Monday through Friday,
Mr. Smith, age 47, holds an operator’s documents mentioned in this preamble, except Federal holidays.
license in California. go to http://www.regulations.gov and in Privacy Act: In accordance with 5
the search box insert the docket number U.S.C. 553(c), DOT solicits comments
Brandon Soto FMCSA–2017–0061 and click ‘‘Search.’’ from the public to better inform its
Mr. Soto, age 33, holds an operator’s Next, click ‘‘Open Docket Folder’’ and rulemaking process. DOT posts these
license in Missouri. you will find all documents and comments, without edit, including any
comments related to this notice. personal information the commenter
Bryan Soto
Issued on: July 13, 2018. provides, to http://www.regulations.gov,
Mr. Soto, age 29, holds an operator’s Larry W. Minor, as described in the system of records
license in Indiana. notice (DOT/ALL–14 FDMS), which can
Associate Administrator for Policy.
Brett E. Wanner [FR Doc. 2018–15575 Filed 7–19–18; 8:45 am]
be reviewed at http://www.dot.gov/
privacy.
Mr. Wanner, age 29, holds an BILLING CODE 4910–EX–P
operator’s license in Pennsylvania. II. Background
Michael C. Wilson DEPARTMENT OF TRANSPORTATION On May 29, 2018, FMCSA published
a notice announcing receipt of
Mr. Wilson, age 52, holds an applications from 36 individuals
operator’s license in Kentucky. Federal Motor Carrier Safety
Administration requesting an exemption from diabetes
III. Request for Comments requirement in 49 CFR 391.41(b)(3) and
[FMCSA Docket No. FMCSA–2018–0028]
In accordance with 49 U.S.C. 31136(e) requested comments from the public (83
and 31315, FMCSA requests public Qualification of Drivers; Exemption FR 24563). The public comment period
comment from all interested persons on Applications; Diabetes Mellitus ended on June 28, 2018, and no
the exemption petitions described in comments were received.
AGENCY: Federal Motor Carrier Safety FMCSA has evaluated the eligibility
this notice. We will consider all
Administration (FMCSA), DOT. of these applicants and determined that
comments received before the close of
business on the closing date indicated ACTION: Notice of final disposition. granting the exemptions to these
in the dates section of the notice. individuals would achieve a level of
SUMMARY: FMCSA announces its safety equivalent to or greater than the
IV. Submitting Comments decision to exempt 36 individuals from level that would be achieved by
the prohibition in the Federal Motor complying with the current regulation
You may submit your comments and
Carrier Safety Regulations (FMCSRs) 49 CFR 391.41(b)(3).
material online or by fax, mail, or hand
against persons with insulin-treated The physical qualification standard
delivery, but please use only one of
diabetes mellitus (ITDM) from operating for drivers regarding diabetes found in
these means. FMCSA recommends that
a commercial motor vehicle (CMV) in 49 CFR 391.41(b)(3) states that a person
you include your name and a mailing
interstate commerce. The exemptions is physically qualified to drive a CMV
address, an email address, or a phone
enable these individuals with ITDM to if that person has no established
number in the body of your document
operate CMVs in interstate commerce. medical history or clinical diagnosis of
so that FMCSA can contact you if there
are questions regarding your DATES: The exemptions were applicable diabetes mellitus currently requiring
submission. on June 29, 2018. The exemptions insulin for control.
To submit your comment online, go to expire on June 29, 2020.
III. Discussion of Comments
http://www.regulations.gov and in the FOR FURTHER INFORMATION CONTACT: Ms.
search box insert the docket number Christine A. Hydock, Chief, Medical FMCSA received no comments in this
FMCSA–2017–0061 and click the search Programs Division, (202) 366–4001, proceeding.
button. When the new screen appears, fmcsamedical@dot.gov, FMCSA,
IV. Basis for Exemption Determination
click on the blue ‘‘Comment Now!’’ Department of Transportation, 1200
button on the right hand side of the New Jersey Avenue SE, Room W64–224, Under 49 U.S.C. 31136(e) and 31315,
page. On the new page, enter Washington, DC 20590–0001. Office FMCSA may grant an exemption from
information required including the hours are from 8:30 a.m. to 5 p.m., e.t., the diabetes standard in 49 CFR
specific section of this document to Monday through Friday, except Federal 391.41(b)(3) if the exemption is likely to
which each comment applies, and holidays. If you have questions achieve an equivalent or greater level of
provide a reason for each suggestion or regarding viewing or submitting safety than would be achieved without
recommendation. If you submit your material to the docket, contact Docket the exemption. The exemption allows
comments by mail or hand delivery, Services, telephone (202) 366–9826. the applicants to operate CMVs in
submit them in an unbound format, no SUPPLEMENTARY INFORMATION: interstate commerce.
larger than 81⁄2 by 11 inches, suitable for The Agency’s decision regarding these
copying and electronic filing. If you I. Electronic Access exemption applications is based on the
daltland on DSKBBV9HB2PROD with NOTICES
submit comments by mail and would You may see all the comments online program eligibility criteria and an
like to know that they reached the through the Federal Document individualized assessment of
facility, please enclose a stamped, self- Management System (FDMS) at: http:// information submitted by each
addressed postcard or envelope. www.regulations.gov. applicant. The qualifications,
We will consider all comments and Docket: For access to the docket to experience, and medical condition of
materials received during the comment read background documents or each applicant were stated and
period. FMCSA may issue a final comments, go to http:// discussed in detail in the May 29, 2018,
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![34652 Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices
Federal Register notice (83 FR 24563) exemption with respect to a person DEPARTMENT OF TRANSPORTATION
and will not be repeated in this notice. operating under the exemption.
These 36 applicants have had ITDM Federal Motor Carrier Safety
over a range of 1 to 31 years. These VII. Conclusion Administration
applicants report no severe Based upon its evaluation of the 36
[Docket No. FMCSA–2013–0107; FMCSA–
hypoglycemic reactions resulting in loss exemption applications, FMCSA 2013–0109; FMCSA–2015–0119]
of consciousness or seizure, requiring exempts the following drivers from the
the assistance of another person, or diabetes requirement in 49 CFR Qualification of Drivers; Exemption
resulting in impaired cognitive function 391.41(b)(10), subject to the Applications; Epilepsy and Seizure
that occurred without warning requirements cited above: Disorders
symptoms, in the past 12 months and no Leobardo O. Antunez (WA)
recurrent (two or more) severe AGENCY: Federal Motor Carrier Safety
Alfred E. Apel (NY)
hypoglycemic episodes in the past five Administration (FMCSA), DOT.
Carl M. Bartlett (SD)
years. In each case, an endocrinologist ACTION: Notice of final disposition.
verified that the driver has Christopher A. Bell (IA)
demonstrated a willingness to properly Gerald A. Brady (IA) SUMMARY: FMCSA announces its
monitor and manage his/her diabetes Jeffrey Campbell (IN) decision to renew exemptions for three
mellitus, received education related to Ricky L. Collett (OK) individuals from the requirement in the
diabetes management, and is on a stable David M. Conrad (NM) Federal Motor Carrier Safety
insulin regimen. These drivers report no Lee E. Crenshaw, Jr. (CT) Regulations (FMCSRs) that interstate
other disqualifying conditions, Michael C. Crouch (OK) commercial motor vehicle (CMV)
including diabetes related Matthew J. Doyal (GA) drivers have ‘‘no established medical
complications. Each meets the vision Maximiliano Duarte (AL) history or clinical diagnosis of epilepsy
requirement at 49 CFR 391.41(b)(10). Thomas P. Dubia (NH) or any other condition which is likely
Consequently, FMCSA finds that in Michael W. Fellows (WA) to cause loss of consciousness or any
each case exempting these applicants Raydon R. Gall (ND) loss of ability to control a CMV.’’ The
from the diabetes requirement in 49 CFR exemptions enable these individuals
Clifford O. Hayter (FL)
391.41(b)(3) is likely to achieve a level who have had one or more seizures and
of safety equal to that existing without Anthony A. Helms, Sr. (SC)
are taking anti-seizure medication to
the exemption. Brian D. Hopper (OK)
continue to operate CMVs in interstate
Terry R. Hunter (IL) commerce.
V. Conditions and Requirements James C. Illingsworth (PA)
DATES: The exemptions were applicable
The terms and conditions of the Christopher M. Joswak (MI)
on February 14, 2018. The exemptions
exemption are provided to the Matthew S. Keas (KS) expire on February 14, 2020.
applicants in the exemption document Matthew T. Leyden (NE)
and includes the following: (1) Each FOR FURTHER INFORMATION CONTACT: Ms.
Jessica M. Merchen (GA)
driver must submit a quarterly Christine A. Hydock, Chief, Medical
Charlie Moore, Jr. (NY) Programs Division, (202) 366–4001,
monitoring checklist completed by the Wayne R. Mowery (PA)
treating endocrinologist as well as an fmcsamedical@dot.gov, FMCSA,
Jesteva L. Moye-Hosey (OH) Department of Transportation, 1200
annual checklist with a comprehensive Imelda Ortiz (NM)
medical evaluation; (2) each driver must New Jersey Avenue SE, Room W64–224,
Wesley H. Pollock (OH) Washington, DC 20590–0001. Office
report within two business days of
occurrence, all episodes of severe Robert J. Possley (WI) hours are from 8:30 a.m. to 5 p.m., e.t.,
hypoglycemia, significant Samuel K. Sanders (KS) Monday through Friday, except Federal
complications, or inability to manage Leon J. Schlichte (IA) holidays. If you have questions
diabetes; also, any involvement in an Landon H. Tuck (TX) regarding viewing or submitting
accident or any other adverse event in Curtis D. Weinman (WA) material to the docket, contact Docket
a CMV or personal vehicle, whether or Nathaniel W. Wessel (ME) Services, telephone (202) 366–9826.
not it is related to an episode of Christopher H. Whitman (NC) SUPPLEMENTARY INFORMATION:
hypoglycemia; (3) each driver must In accordance with 49 U.S.C. 31136(e) I. Electronic Access
provide a copy of the ophthalmologist’s and 31315, each exemption will be valid
or optometrist’s report to the Medical for two years from the effective date You may see all the comments online
Examiner at the time of the annual unless revoked earlier by FMCSA. The through the Federal Document
medical examination; and (4) each exemption will be revoked if the Management System (FDMS) at: http://
driver must provide a copy of the following occurs: (1) The person fails to www.regulations.gov.
annual medical certification to the comply with the terms and conditions Docket: For access to the docket to
employer for retention in the driver’s of the exemption; (2) the exemption has read background documents or
qualification file, or keeping a copy in resulted in a lower level of safety than comments, go to http://
his/her driver’s qualification file if he/ was maintained prior to being granted; www.regulations.gov and/or Room
she is self-employed. The driver must or (3) continuation of the exemption W12–140 on the ground level of the
also have a copy of the exemption when would not be consistent with the goals West Building, 1200 New Jersey Avenue
driving, for presentation to a duly and objectives of 49 U.S.C. 31136(e) and SE, Washington, DC, between 9 a.m. and
daltland on DSKBBV9HB2PROD with NOTICES
authorized Federal, State, or local 31315. 5 p.m., e.t., Monday through Friday,
enforcement official. except Federal holidays.
Issued on: July 12, 2018. Privacy Act: In accordance with 5
VI. Preemption Larry W. Minor, U.S.C. 553(c), DOT solicits comments
During the period the exemption is in Associate Administrator for Policy. from the public to better inform its
effect, no State shall enforce any law or [FR Doc. 2018–15543 Filed 7–19–18; 8:45 am] rulemaking process. DOT posts these
regulation that conflicts with this BILLING CODE 4910–EX–P comments, without edit, including any
VerDate Sep<11>2014 18:06 Jul 19, 2018 Jkt 244001 PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 E:\FR\FM\20JYN1.SGM 20JYN1](https://thefederalregister.org/doc/83_FR_34791/page/2.svg)
Document Created: 2018-07-20 01:19:16
Document Modified: 2018-07-20 01:19:16
| 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 June 29, 2018. The exemptions expire on June 29, 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 34651 |
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