83 FR 34674 - Qualification of Drivers; Exemption Applications; Diabetes

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 140 (July 20, 2018)

Page Range		34674-34675
FR Document		2018-15564

FMCSA announces its decision to deny applications from 14 individuals who requested an exemption from the Federal Motor Carrier Safety Regulations (FMCSRs) prohibiting persons with insulin-treated diabetes mellitus (ITDM) from operating a commercial motor vehicle (CMV) in interstate commerce.

Federal Register, Volume 83 Issue 140 (Friday, July 20, 2018)

[Federal Register Volume 83, Number 140 (Friday, July 20, 2018)]
[Notices]
[Pages 34674-34675]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-15564]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0034]


Qualification of Drivers; Exemption Applications; Diabetes

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of denials.

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SUMMARY: FMCSA announces its decision to deny applications from 14 
individuals who requested an exemption from the Federal Motor Carrier 
Safety Regulations (FMCSRs) prohibiting persons with insulin-treated 
diabetes mellitus (ITDM) from operating a commercial motor vehicle 
(CMV) in interstate commerce.

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

    FMCSA received applications from 14 individuals who requested an 
exemption from the FMCSRs prohibiting persons with ITDM from operating 
a CMV in interstate commerce.
    FMCSA has evaluated the eligibility of these applicants and 
concluded that granting these exemptions would not provide a level of 
safety that would be equivalent to or greater than, the level of safety 
that would be obtained by complying with the regulation 49 CFR 
391.41(b)(3).

III. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption if 
it finds such an exemption would likely achieve a level of safety that 
is equivalent to, or greater than, the level that would be achieved 
absent such an exemption.
    The Agency's decision regarding these exemption applications is 
based on the eligibility criteria, the terms and conditions for Federal 
exemptions, and an individualized assessment of each applicant's 
medical information provided by the applicant.

IV. Conclusion

    The Agency has determined that these applicants do not satisfy the 
criteria eligibility or meet the terms and conditions of the Federal 
exemption and granting these exemptions would not provide a level of 
safety that would be equivalent to or greater than, the level of safety 
that would be obtained by complying with the regulation 49 CFR 
391.41(b)(3). Therefore, the 14 applicants in this notice have been 
denied exemptions from the physical qualification standards in 49 CFR 
391.41(b)(3).
    Each applicant has, prior to this notice, received a letter of 
final disposition regarding his/her exemption

[[Page 34675]]

request. Those decision letters fully outlined the basis for the denial 
and constitutes final action by the Agency. This notice summarizes the 
Agency's recent denials as required under 49 U.S.C. 31315(b)(4) by 
periodically publishing names and reasons for denial.
    The following six applicants have had more than one hypoglycemic 
episode requiring hospitalization or the assistance of others, or has 
had one such episode but has not had one year of stability following 
the episode:

Anthony D. Anderson (MN)
Austin T. Brooks (MO)
Joshua G. Christensen (NC)
Alan C. Hageman (IA)
James Kopec (PA)
Samuel A. Rosseau (MA)

    The following five applicants had other medical conditions making 
the applicant otherwise unqualified under the Federal Motor Carrier 
Safety Regulations:

Eugene C. Arnett (WI)
Donald L. Conklin (IN)
Steven C. Kasten (IL)
Daniel R. Leon (CO)
Lee H. Watkins (OH)

    The following applicant, Anthony L. Golden (DE), did not have 
endocrinologists willing to make statements that he is able to operate 
CMVs from a diabetes standpoint.
    The following applicant, Marty G. Niles (MT), had other 
miscellaneous reasons making the applicant otherwise unqualified under 
the Federal Motor Carrier Safety Regulations.
    The following applicant, Robert J. Louis (LA), has peripheral 
neuropathy or circulatory insufficiency of the extremities likely to 
interfere with the ability to operate a CMV.

    Issued on: July 13, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-15564 Filed 7-19-18; 8:45 am]
 BILLING CODE 4910-EX-P

34674 Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices

The drivers were included in docket The drivers were included in docket comments, go to http://
numbers FMCSA–2009–0011; FMCSA– number FMCSA–2002–11714. Their www.regulations.gov and/or Room
2010–0050. Their exemptions are exemptions are applicable as of May 30, W12–140 on the ground level of the
applicable as of May 21, 2018, and will 2018, and will expire on May 30, 2020. West Building, 1200 New Jersey Avenue
expire on May 21, 2020. In accordance with 49 U.S.C. 31315, SE, Washington, DC, between 9 a.m. and
As of May 22, 2018, and in each exemption will be valid for two 5 p.m., e.t., Monday through Friday,
accordance with 49 U.S.C. 31136(e) and years from the effective date unless except Federal holidays.
31315, the following 13 individuals revoked earlier by FMCSA. The Privacy Act: In accordance with 5
have satisfied the renewal conditions for exemption will be revoked if the U.S.C. 553(c), DOT solicits comments
obtaining an exemption from the vision following occurs: (1) The person fails to from the public to better inform its
requirement in the FMCSRs for comply with the terms and conditions rulemaking process. DOT posts these
interstate CMV drivers (79 FR 18392; 79 of the exemption; (2) the exemption has comments, without edit, including any
FR 29498; 81 FR 91239): resulted in a lower level of safety than personal information the commenter
James E. Baker (OH) was maintained prior to being granted; provides, to http://www.regulations.gov,
Aaron D. Barnett (IA) or (3) continuation of the exemption as described in the system of records
Danny J. Goss (MO) would not be consistent with the goals notice (DOT/ALL–14 FDMS), which can
James P. Griffin (WA) and objectives of 49 U.S.C. 31136 and be reviewed at http://www.dot.gov/
Dennis P. Hart (OR) 31315. privacy.
James D. Kessler (SD) Issued on: July 12, 2018. II. Background
Sherell J. Landry (TX) Larry W. Minor,
Ronald N. Lindgren (MN) FMCSA received applications from 14
Associate Administrator for Policy.
Rodney J. McMorran (IA) individuals who requested an
[FR Doc. 2018–15553 Filed 7–19–18; 8:45 am]
John L. Meese (MO) exemption from the FMCSRs
BILLING CODE 4910–EX–P
Michael E. Schlachter (WY) prohibiting persons with ITDM from
Kenneth W. Sigl (WI) operating a CMV in interstate
Elmer F. Winters (NC) DEPARTMENT OF TRANSPORTATION commerce.
The drivers were included in docket FMCSA has evaluated the eligibility
number FMCSA–2014–0004. Their Federal Motor Carrier Safety of these applicants and concluded that
exemptions are applicable as of May 22, Administration granting these exemptions would not
2018, and will expire on May 22, 2020. provide a level of safety that would be
[Docket No. FMCSA–2018–0034] equivalent to or greater than, the level
As of May 25, 2018, and in
accordance with 49 U.S.C. 31136(e) and of safety that would be obtained by
Qualification of Drivers; Exemption
31315, the following seven individuals complying with the regulation 49 CFR
Applications; Diabetes
have satisfied the renewal conditions for 391.41(b)(3).
obtaining an exemption from the vision AGENCY: Federal Motor Carrier Safety
III. Basis for Exemption Determination
requirement in the FMCSRs for Administration (FMCSA), DOT.
ACTION: Notice of denials. Under 49 U.S.C. 31136(e) and 31315,
interstate CMV drivers (64 FR 68195; 65
FMCSA may grant an exemption if it
FR 20251; 67 FR 10471; 67 FR 17102; SUMMARY: FMCSA announces its finds such an exemption would likely
67 FR 19798; 69 FR 17267; 69 FR 19611; decision to deny applications from 14 achieve a level of safety that is
71 FR 14566; 71 FR 16410; 71 FR 19604; individuals who requested an equivalent to, or greater than, the level
71 FR 30227; 73 FR 27014; 75 FR 27622; exemption from the Federal Motor that would be achieved absent such an
77 FR 20879; 77 FR 26816; 77 FR 31427; Carrier Safety Regulations (FMCSRs) exemption.
81 FR 91239): prohibiting persons with insulin-treated The Agency’s decision regarding these
Edward W. Hosier (MO) diabetes mellitus (ITDM) from operating exemption applications is based on the
Craig T. Jorgensen (WI) a commercial motor vehicle (CMV) in eligibility criteria, the terms and
Jose A. Lopez (CT) interstate commerce. conditions for Federal exemptions, and
Earl E. Martin (VA) FOR FURTHER INFORMATION CONTACT: Ms. an individualized assessment of each
Joseph C. Powell (VA) Christine A. Hydock, Chief, Medical applicant’s medical information
David L. Schachle (PA) Programs Division, (202) 366–4001, provided by the applicant.
Mark Sobczyk (WI) fmcsamedical@dot.gov, FMCSA,
The drivers were included in docket IV. Conclusion
Department of Transportation, 1200
numbers FMCSA–1999–6480; FMCSA– New Jersey Avenue SE, Room W64–224, The Agency has determined that these
2001–11426; FMCSA–2006–24015; Washington, DC 20590–0001. Office applicants do not satisfy the criteria
FMCSA–2012–0039. Their exemptions hours are from 8:30 a.m. to 5 p.m., e.t., eligibility or meet the terms and
are applicable as of May 25, 2018, and Monday through Friday, except Federal conditions of the Federal exemption and
will expire on May 25, 2020. holidays. If you have questions granting these exemptions would not
As of May 30, 2018, and in regarding viewing or submitting provide a level of safety that would be
accordance with 49 U.S.C. 31136(e) and material to the docket, contact Docket equivalent to or greater than, the level
31315, the following three individuals Services, telephone (202) 366–9826. of safety that would be obtained by
have satisfied the renewal conditions for SUPPLEMENTARY INFORMATION: complying with the regulation 49 CFR
obtaining an exemption from the vision 391.41(b)(3). Therefore, the 14
daltland on DSKBBV9HB2PROD with NOTICES

requirement in the FMCSRs for I. Electronic Access applicants in this notice have been
interstate CMV drivers (67 FR 15662; 67 You may see all the comments online denied exemptions from the physical
FR 37907; 69 FR 26206; 71 FR 26602; through the Federal Document qualification standards in 49 CFR
73 FR 27017; 75 FR 27621; 77 FR 27849; Management System (FDMS) at: http:// 391.41(b)(3).
81 FR 91239): Joe W. Brewer, (SC); www.regulations.gov. Each applicant has, prior to this
James W. Ellis, 4th, (NJ); Kevin R. Docket: For access to the docket to notice, received a letter of final
Stoner, (PA). read background documents or disposition regarding his/her exemption

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Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices 34675

request. Those decision letters fully SUMMARY: FMCSA announces its ended on June 28, 2018, and no
outlined the basis for the denial and decision to renew exemptions for 133 comments were received.
constitutes final action by the Agency. individuals from its prohibition in the As stated in the previous notice,
This notice summarizes the Agency’s Federal Motor Carrier Safety FMCSA has evaluated the eligibility of
recent denials as required under 49 Regulations (FMCSRs) against persons these applicants and determined that
U.S.C. 31315(b)(4) by periodically with insulin-treated diabetes mellitus renewing these exemptions would
publishing names and reasons for (ITDM) from operating commercial achieve a level of safety equivalent to or
denial. motor vehicles (CMVs) in interstate greater than the level that would be
The following six applicants have had commerce. The exemptions enable these achieved by complying with the current
more than one hypoglycemic episode individuals with ITDM to continue to regulation 49 CFR 391.41(b)(3).
requiring hospitalization or the operate CMVs in interstate commerce. The physical qualification standard
assistance of others, or has had one such DATES: Each group of renewed
for drivers regarding diabetes found in
episode but has not had one year of exemptions were applicable on the 49 CFR 391.41(b)(3) states that a person
stability following the episode: dates stated in the discussions below is physically qualified to drive a CMV
Anthony D. Anderson (MN) and will expire on the dates stated in if that person has no established
Austin T. Brooks (MO) the discussions below. medical history or clinical diagnosis of
Joshua G. Christensen (NC) diabetes mellitus currently requiring
FOR FURTHER INFORMATION CONTACT: Ms. insulin for control.
Alan C. Hageman (IA)
Christine A. Hydock, Chief, Medical
James Kopec (PA) III. Discussion of Comments
Programs Division, 202–366–4001,
Samuel A. Rosseau (MA)
fmcsamedical@dot.gov, FMCSA, FMCSA received no comments in this
The following five applicants had Department of Transportation, 1200 preceding.
other medical conditions making the New Jersey Avenue SE, Room W64–224,
applicant otherwise unqualified under Washington, DC 20590–0001. Office IV. Conclusion
the Federal Motor Carrier Safety hours are from 8:30 a.m. to 5:30 p.m., Based upon its evaluation of the 133
Regulations: e.t., Monday through Friday, except renewal exemption applications and
Eugene C. Arnett (WI) Federal holidays. If you have questions comments received, FMCSA confirms
Donald L. Conklin (IN) regarding viewing or submitting its decision to exempt the following
Steven C. Kasten (IL) material to the docket, contact Docket drivers from the rule prohibiting drivers
Daniel R. Leon (CO) Services, telephone (202) 366–9826. with ITDM from driving CMVs in
Lee H. Watkins (OH) interstate commerce in 49 CFR
SUPPLEMENTARY INFORMATION:
The following applicant, Anthony L. 391.64(3):
Golden (DE), did not have I. Electronic Access In accordance with 49 U.S.C. 31136(e)
endocrinologists willing to make You may see all the comments online and 31315, the following groups of
statements that he is able to operate through the Federal Document drivers received renewed exemptions in
CMVs from a diabetes standpoint. Management System (FDMS) at: http:// the month of June and are discussed
The following applicant, Marty G. www.regulations.gov. below:
Niles (MT), had other miscellaneous As of June 1, 2018, and in accordance
Docket: For access to the docket to
reasons making the applicant otherwise with 49 U.S.C. 31136(e) and 31315, the
read background documents or
unqualified under the Federal Motor following 33 individuals have satisfied
comments, go to http://
Carrier Safety Regulations. the renewal conditions for obtaining an
www.regulations.gov and/or Room
The following applicant, Robert J. exemption from the rule prohibiting
W12–140 on the ground level of the
Louis (LA), has peripheral neuropathy drivers with ITDM from driving CMVs
West Building, 1200 New Jersey Avenue
or circulatory insufficiency of the in interstate commerce (81 FR 25486; 81
SE, Washington, DC, between 9 a.m. and
extremities likely to interfere with the FR 66733):
5 p.m., e.t., Monday through Friday,
ability to operate a CMV. Christopher R. Barwick (NC)
except Federal holidays.
Issued on: July 13, 2018. Privacy Act: In accordance with 5 Jeffrey C. Bergen (MA)
Larry W. Minor, Christopher J. Burgess (ID)
U.S.C. 553(c), DOT solicits comments
Edward D. Burman (MA)
Associate Administrator for Policy. from the public to better inform its
Lynn J. Clark (UT)
[FR Doc. 2018–15564 Filed 7–19–18; 8:45 am] rulemaking process. DOT posts these Kenneth W. Day (TN)
BILLING CODE 4910–EX–P comments, without edit, including any Horace Dickinson (GA)
personal information the commenter James R. Fifield (MI)
provides, to http://www.regulations.gov, Scott A. Figert (OH)
DEPARTMENT OF TRANSPORTATION as described in the system of records Larry D. Funk (KS)
notice (DOT/ALL–14 FDMS), which can Steven S. Gray (CT)
Federal Motor Carrier Safety be reviewed at http://www.dot.gov/ Donald F. Greel, Jr. (MA)
Administration privacy. John A. Jung (OH)
[Docket No. FMCSA–2008–0071; FMCSA– II. Background Jerry H. Kahn (MN)
2012–0044; FMCSA–2012–0107; FMCSA– Sean T. Lewis (NJ)
2014–0015; FMCSA–2014–0016; FMCSA– On May 29, 2018, FMCSA published Edwin Lozada (FL)
2016–0037; FMCSA–2016–0039] a notice announcing its decision to Kevin S. Martin (MN)
daltland on DSKBBV9HB2PROD with NOTICES

renew exemptions for 133 individuals Allysa B. Meirowitch (NY)
Qualification of Drivers; Exemption from the insulin-treated diabetes Brian L. Murray (WA)
Applications; Diabetes mellitus prohibition in 49 CFR Thomas V. Noyes (MA)
AGENCY: Federal Motor Carrier Safety 391.41(b)(3) to operate a CMV in Benny M. Perez (PA)
Administration (FMCSA), DOT. interstate commerce and requested Gregory S. Pethtel (OH)
comments from the public (83 FR Thomas J. Price (WY)
ACTION: Notice of final disposition.
24581). The public comment period Theodore D. Reagle (PA)

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Document Created: 2018-07-20 01:18:49
Document Modified: 2018-07-20 01:18:49

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 denials.
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 34674

83 FR 34674 - Qualification of Drivers; Exemption Applications; Diabetes

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 140 (July 20, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration