83 FR 34666 - 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 | 34666-34667 | |
| FR Document | 2018-15574 |
[Federal Register Volume 83, Number 140 (Friday, July 20, 2018)] [Notices] [Pages 34666-34667] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-15574] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA-2018-0029] 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 37 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 37 individuals requesting an exemption from diabetes requirement in 49 CFR 391.41(b)(3) and requested comments from the public (83 FR 24576). The public comment period ended on June 28, 2018, and one comments 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 comment in this proceeding. Vicky Johnson from the Minnesota Department of Public Safety stated that Minnesota has no objections to granting diabetes exemptions to Jon E. Behle, Gavin C. Gore, Stephen R. Henderscheidt, and Jose C. Rosario. 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, Federal Register notice (83 FR 24576) and will not be repeated in this notice. These 37 applicants have had ITDM over a range of 1 to 22 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. [[Page 34667]] 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 37 exemption applications, FMCSA exempts the following drivers from the diabetes requirement in 49 CFR 391.41(b)(10), subject to the requirements cited above: Clayton W. Baenziger (CO) John E. Behle (MN) Myles S. Bolton (AK) Francisco Chavez, Jr. (CA) David C. Clarke (NE) Steven R. Condon (NE) Gilbert L. Fleming, Jr. (MD) Gavin C. Gore (MN) Johnny Gregg, Jr. (NC) Thomas W. Guzier (IL) Willard R. Hammond, Jr. (NY) Greg C. Hardcastle (OR) Joseph E. Heck (IA) Stephen R. Henderschiedt (MN) Larry D. Johnston (IA) Leodon L. Killinger, Jr. (ME) Joshua M. Lenhart (AK) Michelle L. Logsdon (WV) Tiernan E. McKinney (OH) Kevin R. McClerren (IL) Bryant L. Murray (UT) Manuel C. Pineda (TX) Kenneth M. Putt (VA) John D. Randall (MO) John F. Reilly (IL) Tyree E. Rhodes (LA) Jose C. Rosario (MN) Matthew L. Shelley (VA) Brian R. Smallcanyon (UT) Kenneth J. Sortman (OH) Gregory R. Suckow (SD) Jack W. Terrio (LA) Curtis D. Van Koevering (MI) Trent J. Vandyken (MN) Gregory A. Westfall (OH) Kevin L. Willis Sloan (MO) Debra A. Wiss (WA) 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 13, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-15574 Filed 7-19-18; 8:45 am] BILLING CODE 4910-EX-P
![34666 Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices
date unless revoked earlier by FMCSA. W12–140 on the ground level of the experience, and medical condition of
The exemption will be revoked if the West Building, 1200 New Jersey Avenue each applicant were stated and
following occurs: (1) The person fails to SE, Washington, DC, between 9 a.m. and discussed in detail in the May 29, 2018,
comply with the terms and conditions 5 p.m., e.t., Monday through Friday, Federal Register notice (83 FR 24576)
of the exemption; (2) the exemption has except Federal holidays. and will not be repeated in this notice.
resulted in a lower level of safety than Privacy Act: In accordance with 5 These 37 applicants have had ITDM
was maintained prior to being granted; U.S.C. 553(c), DOT solicits comments over a range of 1 to 22 years. These
or (3) continuation of the exemption from the public to better inform its
applicants report no severe
would not be consistent with the goals rulemaking process. DOT posts these
hypoglycemic reactions resulting in loss
and objectives of 49 U.S.C. 31136 and comments, without edit, including any
of consciousness or seizure, requiring
31315. personal information the commenter
the assistance of another person, or
Issued on: July 13, 2018. provides, to http://www.regulations.gov,
resulting in impaired cognitive function
as described in the system of records
Larry W. Minor, that occurred without warning
notice (DOT/ALL–14 FDMS), which can
Associate Administrator for Policy. symptoms, in the past 12 months and no
be reviewed at http://www.dot.gov/
[FR Doc. 2018–15577 Filed 7–19–18; 8:45 am] recurrent (two or more) severe
privacy.
BILLING CODE 4910–EX–P hypoglycemic episodes in the past five
II. Background years. In each case, an endocrinologist
On May 29, 2018, FMCSA published verified that the driver has
DEPARTMENT OF TRANSPORTATION a notice announcing receipt of demonstrated a willingness to properly
applications from 37 individuals monitor and manage his/her diabetes
Federal Motor Carrier Safety requesting an exemption from diabetes mellitus, received education related to
Administration requirement in 49 CFR 391.41(b)(3) and diabetes management, and is on a stable
[FMCSA Docket No. FMCSA–2018–0029] requested comments from the public (83 insulin regimen. These drivers report no
FR 24576). The public comment period other disqualifying conditions,
Qualification of Drivers; Exemption ended on June 28, 2018, and one including diabetes related
Applications; Diabetes Mellitus comments was received. complications. Each meets the vision
FMCSA has evaluated the eligibility requirement at 49 CFR 391.41(b)(10).
AGENCY: Federal Motor Carrier Safety
Administration (FMCSA), DOT. of these applicants and determined that Consequently, FMCSA finds that in
granting the exemptions to these each case exempting these applicants
ACTION: Notice of final disposition.
individuals would achieve a level of from the diabetes requirement in 49 CFR
SUMMARY: FMCSA announces its safety equivalent to or greater than the 391.41(b)(3) is likely to achieve a level
decision to exempt 37 individuals from level that would be achieved by of safety equal to that existing without
the prohibition in the Federal Motor complying with the current regulation the exemption.
Carrier Safety Regulations (FMCSRs) 49 CFR 391.41(b)(3).
The physical qualification standard V. Conditions and Requirements
against persons with insulin-treated
diabetes mellitus (ITDM) from operating for drivers regarding diabetes found in
49 CFR 391.41(b)(3) states that a person The terms and conditions of the
a commercial motor vehicle (CMV) in exemption are provided to the
interstate commerce. The exemptions is physically qualified to drive a CMV
if that person has no established applicants in the exemption document
enable these individuals with ITDM to and includes the following: (1) Each
operate CMVs in interstate commerce. medical history or clinical diagnosis of
diabetes mellitus currently requiring driver must submit a quarterly
DATES: The exemptions were applicable monitoring checklist completed by the
insulin for control.
on June 29, 2018. The exemptions treating endocrinologist as well as an
expire on June 29, 2020. III. Discussion of Comments annual checklist with a comprehensive
FOR FURTHER INFORMATION CONTACT: Ms. FMCSA received one comment in this medical evaluation; (2) each driver must
Christine A. Hydock, Chief, Medical proceeding. Vicky Johnson from the report within two business days of
Programs Division, (202) 366–4001, Minnesota Department of Public Safety occurrence, all episodes of severe
fmcsamedical@dot.gov, FMCSA, stated that Minnesota has no objections hypoglycemia, significant
Department of Transportation, 1200 to granting diabetes exemptions to Jon complications, or inability to manage
New Jersey Avenue SE, Room W64–224, E. Behle, Gavin C. Gore, Stephen R. diabetes; also, any involvement in an
Washington, DC 20590–0001. Office Henderscheidt, and Jose C. Rosario. accident or any other adverse event in
hours are from 8:30 a.m. to 5 p.m., e.t., a CMV or personal vehicle, whether or
Monday through Friday, except Federal IV. Basis for Exemption Determination not it is related to an episode of
holidays. If you have questions Under 49 U.S.C. 31136(e) and 31315, hypoglycemia; (3) each driver must
regarding viewing or submitting FMCSA may grant an exemption from provide a copy of the ophthalmologist’s
material to the docket, contact Docket the diabetes standard in 49 CFR or optometrist’s report to the Medical
Services, telephone (202) 366–9826. 391.41(b)(3) if the exemption is likely to Examiner at the time of the annual
SUPPLEMENTARY INFORMATION: achieve an equivalent or greater level of medical examination; and (4) each
safety than would be achieved without driver must provide a copy of the
I. Electronic Access the exemption. The exemption allows annual medical certification to the
You may see all the comments online the applicants to operate CMVs in employer for retention in the driver’s
daltland on DSKBBV9HB2PROD with NOTICES
through the Federal Document interstate commerce. qualification file, or keeping a copy in
Management System (FDMS) at: http:// The Agency’s decision regarding these his/her driver’s qualification file if he/
www.regulations.gov. exemption applications is based on the she is self-employed. The driver must
Docket: For access to the docket to program eligibility criteria and an also have a copy of the exemption when
read background documents or individualized assessment of driving, for presentation to a duly
comments, go to http:// information submitted by each authorized Federal, State, or local
www.regulations.gov and/or Room applicant. The qualifications, enforcement official.
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![Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices 34667
VI. Preemption DEPARTMENT OF TRANSPORTATION acknowledgment that we received your
During the period the exemption is in comments, please include a self-
effect, no State shall enforce any law or Federal Motor Carrier Safety addressed, stamped envelope or
regulation that conflicts with this Administration postcard or print the acknowledgement
exemption with respect to a person page that appears after submitting
[Docket No. FMCSA–2018–0015]
operating under the exemption. comments online.
Qualification of Drivers; Exemption Privacy Act: In accordance with 5
VII. Conclusion Applications; Vision U.S.C. 553(c), DOT solicits comments
Based upon its evaluation of the 37 from the public to better inform its
exemption applications, FMCSA AGENCY: Federal Motor Carrier Safety rulemaking process. DOT posts these
exempts the following drivers from the Administration (FMCSA), DOT. comments, without edit, including any
diabetes requirement in 49 CFR ACTION: Notice of applications for personal information the commenter
391.41(b)(10), subject to the exemption; request for comments. provides, to http://www.regulations.gov,
requirements cited above: as described in the system of records
SUMMARY: FMCSA announces receipt of notice (DOT/ALL–14 FDMS), which can
Clayton W. Baenziger (CO)
John E. Behle (MN) applications from nine individuals for be reviewed at http://www.dot.gov/
Myles S. Bolton (AK) an exemption from the vision privacy.
Francisco Chavez, Jr. (CA) requirement in the Federal Motor
FOR FURTHER INFORMATION CONTACT: Ms.
David C. Clarke (NE) Carrier Safety Regulations (FMCSRs) to
Christine A. Hydock, Chief, Medical
Steven R. Condon (NE) operate a commercial motor vehicle
Programs Division, (202) 366–4001,
Gilbert L. Fleming, Jr. (MD) (CMV) in interstate commerce. If
Gavin C. Gore (MN) fmcsamedical@dot.gov, FMCSA,
granted, the exemptions will enable
Johnny Gregg, Jr. (NC) Department of Transportation, 1200
these individuals to operate CMVs in
Thomas W. Guzier (IL) New Jersey Avenue SE, Room W64–224,
interstate commerce without meeting
Willard R. Hammond, Jr. (NY) Washington, DC 20590–0001. Office
the vision requirement in one eye.
Greg C. Hardcastle (OR) hours are 8:30 a.m. to 5 p.m., e.t.,
Joseph E. Heck (IA) DATES: Comments must be received on Monday through Friday, except Federal
Stephen R. Henderschiedt (MN) or before August 20, 2018. holidays. If you have questions
Larry D. Johnston (IA) ADDRESSES: You may submit comments regarding viewing or submitting
Leodon L. Killinger, Jr. (ME) bearing the Federal Docket Management material to the docket, contact Docket
Joshua M. Lenhart (AK) System (FDMS) Docket No. FMCSA– Services, telephone (202) 366–9826.
Michelle L. Logsdon (WV) 2018–0015 using any of the following
Tiernan E. McKinney (OH) SUPPLEMENTARY INFORMATION:
methods:
Kevin R. McClerren (IL) I. Background
• Federal eRulemaking Portal: Go to
Bryant L. Murray (UT)
Manuel C. Pineda (TX) http://www.regulations.gov. Follow the Under 49 U.S.C. 31136(e) and 31315,
Kenneth M. Putt (VA) online instructions for submitting FMCSA may grant an exemption from
John D. Randall (MO) comments. the FMCSRs for a five-year period if it
John F. Reilly (IL) • Mail: Docket Management Facility; finds ‘‘such exemption would likely
Tyree E. Rhodes (LA) U.S. Department of Transportation, 1200 achieve a level of safety that is
Jose C. Rosario (MN) New Jersey Avenue SE, West Building equivalent to or greater than the level
Matthew L. Shelley (VA) Ground Floor, Room W12–140, that would be achieved absent such
Brian R. Smallcanyon (UT) Washington, DC 20590–0001. exemption.’’ The statute also allows the
Kenneth J. Sortman (OH) • Hand Delivery: West Building Agency to renew exemptions at the end
Gregory R. Suckow (SD) Ground Floor, Room W12–140, 1200 of the five-year period. FMCSA grants
Jack W. Terrio (LA) New Jersey Avenue SE, Washington,
Curtis D. Van Koevering (MI) exemptions from the FMCSRs for a two-
Trent J. Vandyken (MN) DC, between 9 a.m. and 5 p.m., e.t., year period to align with the maximum
Gregory A. Westfall (OH) Monday through Friday, except Federal duration of a driver’s medical
Kevin L. Willis Sloan (MO) Holidays. certification.
Debra A. Wiss (WA) • Fax: 1–202–493–2251. The nine individuals listed in this
In accordance with 49 U.S.C. 31136(e) Instructions: Each submission must notice have requested an exemption
and 31315, each exemption will be valid include the Agency name and the from the vision requirement in 49 CFR
for two years from the effective date docket number(s) for this notice. Note 391.41(b)(10). Accordingly, the Agency
unless revoked earlier by FMCSA. The that all comments received will be will evaluate the qualifications of each
exemption will be revoked if the posted without change to http:// applicant to determine whether granting
following occurs: (1) The person fails to www.regulations.gov, including any an exemption will achieve the required
comply with the terms and conditions personal information provided. Please level of safety mandated by statute.
of the exemption; (2) the exemption has see the Privacy Act heading below for The physical qualification standard
resulted in a lower level of safety than further information. for drivers regarding vision found in 49
was maintained prior to being granted; Docket: For access to the docket to CFR 391.41(b)(10) states that a person is
or (3) continuation of the exemption read background documents or physically qualified to drive a CMV if
would not be consistent with the goals comments, go to http:// that person has distant visual acuity of
and objectives of 49 U.S.C. 31136(e) and www.regulations.gov at any time or at least 20/40 (Snellen) in each eye
daltland on DSKBBV9HB2PROD with NOTICES
31315. Room W12–140 on the ground level of without corrective lenses or visual
the West Building, 1200 New Jersey acuity separately corrected to 20/40
Issued on: July 13, 2018. Avenue SE, Washington, DC, between 9 (Snellen) or better with corrective
Larry W. Minor, a.m. and 5 p.m., e.t., Monday through lenses, distant binocular acuity of at
Associate Administrator for Policy. Friday, except Federal holidays. The least 20/40 (Snellen) in both eyes with
[FR Doc. 2018–15574 Filed 7–19–18; 8:45 am] FDMS is available 24 hours each day, or without corrective lenses, field of
BILLING CODE 4910–EX–P 365 days each year. If you want vision of at least 70° in the horizontal
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Document Created: 2018-07-20 01:19:31
Document Modified: 2018-07-20 01:19:31
| 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 34666 |
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