83 FR 40642 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 158 (August 15, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 158 (August 15, 2018)
| Page Range | 40642-40648 | |
| FR Document | 2018-17591 |
[Federal Register Volume 83, Number 158 (Wednesday, August 15, 2018)] [Notices] [Pages 40642-40648] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-17591] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2018-0202] Qualification of Drivers; Exemption Applications; Diabetes Mellitus AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of applications for exemption; request for comments. ----------------------------------------------------------------------- SUMMARY: FMCSA announces receipt of applications from 39 individuals for an exemption from the prohibition in the Federal Motor Carrier Safety Regulations (FMCSRs) against persons with insulin-treated diabetes mellitus (ITDM) operating a commercial motor vehicle (CMV) in interstate commerce. If granted, the exemptions would enable these individuals with ITDM to operate CMVs in interstate commerce. DATES: Comments must be received on or before September 14, 2018. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA-2018-0202 using any of the following methods:Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting comments. Mail: Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor, Room W12-140, Washington, DC 20590-0001. Hand Delivery: West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal Holidays. Fax: 1-202-493-2251. Instructions: Each submission must include the Agency name and the docket number(s) for this notice. Note that all comments received will be posted without change to http://www.regulations.gov, including any personal information provided. Please see the Privacy Act heading below for further information. Docket: For access to the docket to read background documents or comments, go to http://www.regulations.gov at any time 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. The FDMS is available 24 hours each day e.t., 365 days each year. If you want acknowledgment that we received your comments, please include a self-addressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments online. 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. 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 8:30 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions [[Page 40643]] regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. SUPPLEMENTARY INFORMATION: I. Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the FMCSRs for a five-year period if it finds ``such exemption would likely achieve a level of safety that is equivalent to or greater than the level that would be achieved absent such exemption.'' The statute also allows the Agency to renew exemptions at the end of the five-year period. FMCSA grants exemptions from the FMCSRs for a two- year period to align with the maximum duration of a driver's medical certification. The 39 individuals listed in this notice have requested an exemption from the diabetes prohibition in 49 CFR 391.41(b)(3). Accordingly, the Agency will evaluate the qualifications of each applicant to determine whether granting the exemption will achieve the required level of safety mandated by statute. 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. The Agency established the current requirement for diabetes in 1970 because several risk studies indicated that drivers with diabetes had a higher rate of crash involvement than the general population. FMCSA established its diabetes exemption program, based on the Agency's July 2000 study entitled ``A Report to Congress on the Feasibility of a Program to Qualify Individuals with Insulin-Treated Diabetes Mellitus to Operate in Interstate Commerce as Directed by the Transportation Act for the 21st Century.'' The report concluded that a safe and practicable protocol to allow some drivers with ITDM to operate CMVs is feasible. The September 3, 2003 (68 FR 52441), Federal Register notice in conjunction with the November 8, 2005 (70 FR 67777), Federal Register notice provides the current protocol for allowing such drivers to operate CMVs in interstate commerce. FMCSA notes that section 4129 of the Safe, Accountable, Flexible and Efficient Transportation Equity Act: A Legacy for Users requires the Secretary to revise its diabetes exemption program established on September 3, 2003 (68 FR 52441). The revision must provide for individual assessment of drivers with diabetes mellitus, and be consistent with the criteria described in section 4018 of the Transportation Equity Act for the 21st Century (49 U.S.C. 31305). Section 4129 requires: (1) Elimination of the requirement for three years of experience operating CMVs while being treated with insulin; and (2) establishment of a specified minimum period of insulin use to demonstrate stable control of diabetes before being allowed to operate a CMV. In response to section 4129, FMCSA made immediate revisions to the diabetes exemption program established by the September 3, 2003 notice. FMCSA discontinued use of the three-year driving experience and fulfilled the requirements of section 4129 while continuing to ensure that operation of CMVs by drivers with ITDM will achieve the requisite level of safety required of all exemptions granted under 49 U.S.C. 31136 (e). Section 4129(d) also directed FMCSA to ensure that drivers of CMVs with ITDM are not held to a higher standard than other drivers, with the exception of limited operating, monitoring and medical requirements that are deemed medically necessary. The FMCSA concluded that all of the operating, monitoring and medical requirements set out in the September 3, 2003, notice, except as modified, were in compliance with section 4129(d). Therefore, all of the requirements set out in the September 3, 2003, notice, except as modified by the notice in the Federal Register on November 8, 2005 (70 FR 67777), remain in effect. II. Qualifications of Applicants Jeffrey L. Barton Mr. Barton, 53, has had ITDM since 2015. His endocrinologist examined him in 2018 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Barton understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Barton meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2018 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Kansas. Michael J. Beattie Mr. Beattie, 60, has had ITDM since 2018. His endocrinologist examined him in 2018 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Beattie understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Beattie meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2018 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Tennessee. Timothy W. Beeny Mr. Beeny, 56, has had ITDM since 2018. His endocrinologist examined him in 2018 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Beeny understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Beeny meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2018 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Kentucky. Joseph A. Bradley Mr. Bradley, 54, has had ITDM since 2015. His endocrinologist examined him in 2018 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Bradley understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Bradley meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2018 and certified that he does not have diabetic retinopathy. [[Page 40644]] He holds an operator's license from Indiana. Harold B. Bryan Mr. Bryan, 25, has had ITDM since 2016. His endocrinologist examined him in 2018 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Bryan understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Bryan meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2018 and certified that he does not have diabetic retinopathy. He holds a Class B CDL from Idaho. Javis B. Cruz Mr. Cruz, 31, has had ITDM since 2018. His endocrinologist examined him in 2018 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Cruz understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Cruz meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2018 and certified that he does not have diabetic retinopathy. He holds an operator's license from New Mexico. Matthew A. Cunningham Mr. Cunningham, 57, has had ITDM since 2016. His endocrinologist examined him in 2018 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Cunningham understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Cunningham meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2018 and certified that he does not have diabetic retinopathy. He holds an operator's license from New York. Victor J. Da-Chao Mr. Da-Chao, 61, has had ITDM since 2009. His endocrinologist examined him in 2018 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Da-Chao understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Da-Chao meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2018 and certified that he does not have diabetic retinopathy. He holds an operator's license from Maryland. Timothy S. Danley Mr. Danley, 50, has had ITDM since 2014. His endocrinologist examined him in 2018 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Danley understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Danley meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2018 and certified that he does not have diabetic retinopathy. He holds an operator's license from Texas. Richard G. Dattler, Jr. Mr. Dattler, 51, has had ITDM since 2015. His endocrinologist examined him in 2018 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Dattler understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Dattler meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2018 and certified that he does not have diabetic retinopathy. He holds an operator's license from Oregon. Ellen M. Diggs Ms. Diggs, 51, has had ITDM since 1994. Her endocrinologist examined her in 2018 and certified that she has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. Her endocrinologist certifies that Ms. Diggs understands diabetes management and monitoring, has stable control of her diabetes using insulin, and is able to drive a CMV safely. Ms. Diggs meets the requirements of the vision standard at 49 CFR 391.41(b)(10). Her ophthalmologist examined her in 2018 and certified that she does not have diabetic retinopathy. She holds an operator's license from Kansas. Marven J. Finken Mr. Finken, 53, has had ITDM since 2017. His endocrinologist examined him in 2018 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Finken understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Finken meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2018 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Minnesota. Randie S. Fisher, Jr. Mr. Fisher, 22, has had ITDM since 2008. His endocrinologist examined him in 2018 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Fisher understands [[Page 40645]] diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Fisher meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2018 and certified that he does not have diabetic retinopathy. He holds an operator's license from Missouri. Jason J. Fleisch Mr. Fleisch, 43, has had ITDM since 2017. His endocrinologist examined him in 2018 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Fleisch understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Fleisch meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2018 and certified that he does not have diabetic retinopathy. He holds an operator's license from Pennsylvania. Ryan M. Galusha Mr. Galusha, 29, has had ITDM since 2011. His endocrinologist examined him in 2018 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Galusha understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Galusha meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2018 and certified that he does not have diabetic retinopathy. He holds an operator's license from New York. Raymond M. Hamlin Mr. Hamlin, 75, has had ITDM since 2011. His endocrinologist examined him in 2018 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Hamlin understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Hamlin meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2018 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Maine. Steven L. Hare, Jr. Mr. Hare, 26, has had ITDM since 1997. His endocrinologist examined him in 2018 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Hare understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Hare meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2018 and certified that he does not have diabetic retinopathy. He holds an operator's license from North Carolina. Joshua R. Hedges Mr. Hedges, 28, has had ITDM since 2011. His endocrinologist examined him in 2018 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Hedges understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Hedges meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2018 and certified that he does not have diabetic retinopathy. He holds an operator's license from Missouri. Vicky L. Hill Ms. Hill, 63, has had ITDM since 2010. Her endocrinologist examined her in 2018 and certified that she has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. Her endocrinologist certifies that Ms. Hill understands diabetes management and monitoring, has stable control of her diabetes using insulin, and is able to drive a CMV safely. Ms. Hill meets the requirements of the vision standard at 49 CFR 391.41(b)(10). Her ophthalmologist examined her in 2018 and certified that she has stable nonproliferative diabetic retinopathy. She holds an operator's license from Washington. Charles O. Hudson Mr. Hudson, 59, has had ITDM since 2010. His endocrinologist examined him in 2018 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Hudson understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Hudson meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2018 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Tennessee. James A. Keebaugh Mr. Keebaugh, 57, has had ITDM since 2011. His endocrinologist examined him in 2018 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Keebaugh understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Keebaugh meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2018 and certified that he has stable nonproliferative diabetic retinopathy. He holds a Class B CDL from Pennsylvania. [[Page 40646]] Rein R. Kori Mr. Kori, 22, has had ITDM since 2008. His endocrinologist examined him in 2018 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Kori understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Kori meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2018 and certified that he does not have diabetic retinopathy. He holds an operator's license from Tennessee. Thomas C. McGee Mr. McGee, 35, has had ITDM since 2011. His endocrinologist examined him in 2018 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. McGee understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. McGee meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2018 and certified that he does not have diabetic retinopathy. He holds an operator's license from South Carolina. Anton Means Mr. Means, 58, has had ITDM since 2018. His endocrinologist examined him in 2018 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Means understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Means meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2018 and certified that he does not have diabetic retinopathy. He holds an operator's license from Illinois. Andrew P. Metze Mr. Metze, 25, has had ITDM since 2006. His endocrinologist examined him in 2018 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Metze understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Metze meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2018 and certified that he does not have diabetic retinopathy. He holds an operator's license from South Carolina. Christopher J. Misner Mr. Misner, 42, has had ITDM since 1987. His endocrinologist examined him in 2018 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Misner understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Misner meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2018 and certified that he does not have diabetic retinopathy. He holds an operator's license from Michigan. Mohamed S. Mohamed Mr. Mohamed, 46, has had ITDM since 2018. His endocrinologist examined him in 2018 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Mohamed understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Mohamed meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2018 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Massachusetts. Eugene G. Mueller Mr. Mueller, 72, has had ITDM since 1959. His endocrinologist examined him in 2018 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Mueller understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Mueller meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2018 and certified that he has stable proliferative diabetic retinopathy. He holds an operator's license from Wisconsin. Reginald J. Pokorny Mr. Pokorny, 41, has had ITDM since 2016. His endocrinologist examined him in 2018 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Pokorny understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Pokorny meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2018 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Nebraska. Vernon C. Read Mr. Read, 56, has had ITDM since 1985. His endocrinologist examined him in 2018 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Read understands diabetes management and monitoring, [[Page 40647]] has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Read meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2018 and certified that he has stable nonproliferative diabetic retinopathy. He holds an operator's license from California. John W. Rosenthal Mr. Rosenthal, 75, has had ITDM since 2014. His endocrinologist examined him in 2018 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Rosenthal understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Rosenthal meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2018 and certified that he does not have diabetic retinopathy. He holds a Class B CDL from Idaho. Steve A. Santamaria Mr. Santamaria, 40, has had ITDM since 2007. His endocrinologist examined him in 2018 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Santamaria understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Santamaria meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2018 and certified that he does not have diabetic retinopathy. He holds an operator's license from Illinois. Ricky J. Sawyer Mr. Sawyer, 33, has had ITDM since 1987. His endocrinologist examined him in 2018 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Sawyer understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Sawyer meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2018 and certified that he has stable proliferative diabetic retinopathy. He holds an operator's license from Alaska. Justin G. Simpson Mr. Simpson, 31, has had ITDM since 1999. His endocrinologist examined him in 2018 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Simpson understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Simpson meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2018 and certified that he does not have diabetic retinopathy. He holds an operator's license from Ohio. Jacob H. Turner Mr. Turner, 24, has had ITDM since 2004. His endocrinologist examined him in 2018 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Turner understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Turner meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2018 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Arkansas. Chad E. Vanscoy Mr. Vanscoy, 47, has had ITDM since 2012. His endocrinologist examined him in 2018 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Vanscoy understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Vanscoy meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2018 and certified that he has stable nonproliferative diabetic retinopathy. He holds a Class A CDL from Ohio. Phillip M. Woods Mr. Woods, 59, has had ITDM since 2016. His endocrinologist examined him in 2018 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Woods understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Woods meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2018 and certified that he has stable nonproliferative diabetic retinopathy. He holds a Class A CDL from Michigan. Robert W. Youdath Mr. Youdath, 34, has had ITDM since 1992. His endocrinologist examined him in 2018 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Youdath understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Youdath meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2018 and certified that he does not have diabetic retinopathy. He holds a Class B CDL from Ohio. Brian D. Zoll Mr. Zoll, 53, has had ITDM since 2017. His endocrinologist examined him in 2018 and certified that he has had no severe hypoglycemic reactions resulting [[Page 40648]] in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Zoll understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Zoll meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2018 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Ohio. III. Request for Comments In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests public comment from all interested persons on the exemption petitions described in this notice. We will consider all comments received before the close of business on the closing date indicated in the dates section of the notice. IV. Submitting Comments You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so that FMCSA can contact you if there are questions regarding your submission. To submit your comment online, go to http://www.regulations.gov and in the search box insert the docket number FMCSA-2018-0202 and click the search button. When the new screen appears, click on the blue ``Comment Now!'' button on the right hand side of the page. On the new page, enter information required including the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and materials received during the comment period. FMCSA may issue a final determination at any time after the close of the comment period. V. Viewing Comments and Documents To view comments, as well as any documents mentioned in this preamble, go to http://www.regulations.gov and in the search box insert the docket number FMCSA-2018-0202 and click ``Search.'' Next, click ``Open Docket Folder'' and you will find all documents and comments related to this notice. Issued on: August 9, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-17591 Filed 8-14-18; 8:45 am] BILLING CODE 4910-EX-P
![40642 Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices
complications, or inability to manage Jeffrey C. Olson (SD) ADDRESSES: You may submit comments
diabetes; also, any involvement in an Robin L. Phillips (PA) bearing the Federal Docket Management
accident or any other adverse event in Roosevelt Price (MS) System (FDMS) Docket No. FMCSA–
a CMV or personal vehicle, whether or William P. Raben (AL) 2018–0202 using any of the following
not it is related to an episode of Dennis B. Segel (WA) methods:
hypoglycemia; (3) each driver must Daniel A. Slattery (IN) • Federal eRulemaking Portal: Go to
provide a copy of the ophthalmologist’s Mathew C. Smart (TX) http://www.regulations.gov. Follow the
or optometrist’s report to the Medical Jeffrey J. Smith (VA) online instructions for submitting
Examiner at the time of the annual Charles D. Smith, Jr. (IN) comments.
medical examination; and (4) each Patrick J. Snell (IA) • Mail: Docket Management Facility;
driver must provide a copy of the Rodney M. Stephens (PA) U.S. Department of Transportation, 1200
annual medical certification to the Robert A. Swasey, Jr. (ME) New Jersey Avenue SE, West Building
employer for retention in the driver’s Kevin R. Terpstra (IL) Ground Floor, Room W12–140,
qualification file, or keeping a copy in Richard D. Thompson (NY) Washington, DC 20590–0001.
his/her driver’s qualification file if he/ William D. Thull (IL) • Hand Delivery: West Building
she is self-employed. The driver must Billy J. Thurnall (IN) Ground Floor, Room W12–140, 1200
also have a copy of the exemption when John T. Tuck, Jr. (NJ) New Jersey Avenue SE, Washington,
driving, for presentation to a duly Roy D. Wendte (IL) DC, between 9 a.m. and 5 p.m., e.t.,
authorized Federal, State, or local Bailey Westgate (ID) Monday through Friday, except Federal
enforcement official. Walter L. Williams (AR) Holidays.
In accordance with 49 U.S.C. 31136(e) • Fax: 1–202–493–2251.
VI. Preemption and 31315, each exemption will be valid Instructions: Each submission must
During the period the exemption is in for two years from the effective date include the Agency name and the
effect, no State shall enforce any law or unless revoked earlier by FMCSA. The docket number(s) for this notice. Note
regulation that conflicts with this exemption will be revoked if the that all comments received will be
exemption with respect to a person following occurs: (1) The person fails to posted without change to http://
operating under the exemption. comply with the terms and conditions www.regulations.gov, including any
of the exemption; (2) the exemption has personal information provided. Please
VII. Conclusion
resulted in a lower level of safety than see the Privacy Act heading below for
Based upon its evaluation of the 53 was maintained prior to being granted; further information.
exemption applications, FMCSA or (3) continuation of the exemption Docket: For access to the docket to
exempts the following drivers from the would not be consistent with the goals read background documents or
diabetes requirement in 49 CFR and objectives of 49 U.S.C. 31136(e) and comments, go to http://
391.41(b)(10), subject to the 31315. www.regulations.gov at any time or
requirements cited above: Issued on: August 9, 2018.
Room W12–140 on the ground level of
Gary M. Athanas (OR) the West Building, 1200 New Jersey
Larry W. Minor,
Gary R. Babcock (CT) Avenue SE, Washington, DC, between 9
Associate Administrator for Policy. a.m. and 5 p.m., e.t., Monday through
Jennifer L. Baker (NC) [FR Doc. 2018–17593 Filed 8–14–18; 8:45 am]
Lesley L. Beasley (AL) Friday, except Federal holidays. The
Theresa J. Blackman (IN)
BILLING CODE 4910–EX–P FDMS is available 24 hours each day
Jeffrey D. Boutin (GA) e.t., 365 days each year. If you want
Douglas P. Chretien (LA) acknowledgment that we received your
DEPARTMENT OF TRANSPORTATION comments, please include a self-
Eugene V. Cost (ND)
James R. Crump (VA) Federal Motor Carrier Safety addressed, stamped envelope or
James G. Cucinotta (ME) Administration postcard or print the acknowledgement
Bryan S. Davis (VA) page that appears after submitting
[Docket No. FMCSA–2018–0202] comments online.
Jeremy C. Durand (NY)
Connie S. Erwin (TN) Privacy Act: In accordance with 5
Qualification of Drivers; Exemption U.S.C. 553(c), DOT solicits comments
Brendan T Farnam (MA) Applications; Diabetes Mellitus
Randall S. Feldt (IA) from the public to better inform its
Travis E. Forrest (PA) AGENCY: Federal Motor Carrier Safety rulemaking process. DOT posts these
Robert R. Frost (PA) Administration (FMCSA), DOT. comments, without edit, including any
Alexander A. Hegyi (NJ) personal information the commenter
ACTION: Notice of applications for
Sergio Hernandez (IL) provides, to http://www.regulations.gov,
exemption; request for comments.
Scotty A. Hill (NC) as described in the system of records
Billie Hinton (NY) SUMMARY: FMCSA announces receipt of notice (DOT/ALL–14 FDMS), which can
Arild Johansen (ND) applications from 39 individuals for an be reviewed at http://www.dot.gov/
Kaleb N. Jones (IL) exemption from the prohibition in the privacy.
Reginald Jones (NC) Federal Motor Carrier Safety FOR FURTHER INFORMATION CONTACT: Ms.
Kevin R. Kerrigan (MI) Regulations (FMCSRs) against persons Christine A. Hydock, Chief, Medical
William R. Koepplin (ND) with insulin-treated diabetes mellitus Programs Division, (202) 366–4001,
daltland on DSKBBV9HB2PROD with NOTICES
Jeff F. Kress (MN) (ITDM) operating a commercial motor fmcsamedical@dot.gov, FMCSA,
Eric J. Kuster (IA) vehicle (CMV) in interstate commerce. If Department of Transportation, 1200
Michael P. Labrosse (NY) granted, the exemptions would enable New Jersey Avenue SE, Room W64–224,
Michael J. Mason (GA) these individuals with ITDM to operate Washington, DC 20590–0001. Office
Chad W. Moore (MO) CMVs in interstate commerce. hours are 8:30 a.m. to 5 p.m., e.t.,
Walter N. Morphew, Jr. (IN) DATES: Comments must be received on Monday through Friday, except Federal
Edward C. Mulvenna, Jr. (NJ) or before September 14, 2018. holidays. If you have questions
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![40648 Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices
in loss of consciousness, requiring the go to http://www.regulations.gov and in 5 p.m., e.t., Monday through Friday,
assistance of another person, or the search box insert the docket number except Federal holidays.
resulting in impaired cognitive function FMCSA–2018–0202 and click ‘‘Search.’’ Privacy Act: In accordance with 5
that occurred without warning in the Next, click ‘‘Open Docket Folder’’ and U.S.C. 553(c), DOT solicits comments
past 12 months and no recurrent (two or you will find all documents and from the public to better inform its
more) severe hypoglycemic episodes in comments related to this notice. rulemaking process. DOT posts these
the last five years. His endocrinologist Issued on: August 9, 2018. comments, without edit, including any
certifies that Mr. Zoll understands personal information the commenter
Larry W. Minor,
diabetes management and monitoring, provides, to http://www.regulations.gov,
Associate Administrator for Policy.
has stable control of his diabetes using as described in the system of records
[FR Doc. 2018–17591 Filed 8–14–18; 8:45 am] notice (DOT/ALL–14 FDMS), which can
insulin, and is able to drive a CMV
safely. Mr. Zoll meets the requirements BILLING CODE 4910–EX–P be reviewed at http://www.dot.gov/
of the vision standard at 49 CFR privacy.
391.41(b)(10). His optometrist examined
DEPARTMENT OF TRANSPORTATION II. Background
him in 2018 and certified that he does
not have diabetic retinopathy. He holds On June 18, 2018, FMCSA published
Federal Motor Carrier Safety a notice announcing receipt of
a Class A CDL from Ohio. Administration applications from 11 individuals
III. Request for Comments [Docket No. FMCSA–2018–0013] requesting an exemption from vision
In accordance with 49 U.S.C. 31136(e) requirement in 49 CFR 391.41(b)(10)
and 31315, FMCSA requests public Qualification of Drivers; Exemption and requested comments from the
comment from all interested persons on Applications; Vision public (83 FR 28335). The public
the exemption petitions described in AGENCY: Federal Motor Carrier Safety comment period ended on July 18, 2018,
this notice. We will consider all Administration (FMCSA), DOT. and no comments were received.
comments received before the close of FMCSA has evaluated the eligibility
ACTION: Notice of final disposition.
business on the closing date indicated of these applicants and determined that
in the dates section of the notice. SUMMARY: FMCSA announces its granting the exemptions to these
decision to exempt 11 individuals from individuals would achieve a level of
IV. Submitting Comments safety equivalent to or greater than the
the vision requirement in the Federal
You may submit your comments and Motor Carrier Safety Regulations level that would be achieved by
material online or by fax, mail, or hand (FMCSRs) to operate a commercial complying with the current regulation
delivery, but please use only one of motor vehicle (CMV) in interstate 49 CFR 391.41(b)(10).
these means. FMCSA recommends that commerce. They are unable to meet the The physical qualification standard
you include your name and a mailing vision requirement in one eye for for drivers regarding vision found in 49
address, an email address, or a phone various reasons. The exemptions enable CFR 391.41(b)(10) states that a person is
number in the body of your document these individuals to operate CMVs in physically qualified to drive a CMV if
so that FMCSA can contact you if there interstate commerce without meeting that person has distant visual acuity of
are questions regarding your the vision requirement in one eye. at least 20/40 (Snellen) in each eye
submission. without corrective lenses or visual
DATES: The exemptions were applicable
To submit your comment online, go to acuity separately corrected to 20/40
http://www.regulations.gov and in the on July 19, 2018. The exemptions expire
(Snellen) or better with corrective
search box insert the docket number on July 19, 2020.
lenses, distant binocular acuity of a least
FMCSA–2018–0202 and click the search FOR FURTHER INFORMATION CONTACT: Ms. 20/40 (Snellen) in both eyes with or
button. When the new screen appears, Christine A. Hydock, Chief, Medical without corrective lenses, field of vision
click on the blue ‘‘Comment Now!’’ Programs Division, (202) 366–4001, of at least 70° in the horizontal meridian
button on the right hand side of the fmcsamedical@dot.gov, FMCSA, in each eye, and the ability to recognize
page. On the new page, enter Department of Transportation, 1200 the colors of traffic signals and devices
information required including the New Jersey Avenue SE, Room W64–224, showing red, green, and amber.
specific section of this document to Washington, DC 20590–0001. Office
which each comment applies, and hours are from 8:30 a.m. to 5 p.m., e.t., III. Discussion of Comments
provide a reason for each suggestion or Monday through Friday, except Federal FMCSA received no comments in this
recommendation. If you submit your holidays. If you have questions proceeding.
comments by mail or hand delivery, regarding viewing or submitting
material to the docket, contact Docket IV. Basis for Exemption Determination
submit them in an unbound format, no
larger than 81⁄2 by 11 inches, suitable for Services, telephone (202) 366–9826. Under 49 U.S.C. 31136(e) and 31315,
copying and electronic filing. If you SUPPLEMENTARY INFORMATION: FMCSA may grant an exemption from
submit comments by mail and would the vision standard in 49 CFR
I. Electronic Access 391.41(b)(10) if the exemption is likely
like to know that they reached the
facility, please enclose a stamped, self- You may see all the comments online to achieve an equivalent or greater level
addressed postcard or envelope. through the Federal Document of safety than would be achieved
We will consider all comments and Management System (FDMS) at http:// without the exemption. The exemption
materials received during the comment www.regulations.gov. allows applicants to operate CMVs in
daltland on DSKBBV9HB2PROD with NOTICES
period. FMCSA may issue a final Docket: For access to the docket to interstate commerce.
determination at any time after the close read background documents or The Agency’s decision regarding these
of the comment period. comments, go to http:// exemption applications is based on
www.regulations.gov and/or Room medical reports about the applicants’
V. Viewing Comments and Documents W12–140 on the ground level of the vision as well as their driving records
To view comments, as well as any West Building, 1200 New Jersey Avenue and experience driving with the vision
documents mentioned in this preamble, SE, Washington, DC, between 9 a.m. and deficiency. The qualifications,
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Document Created: 2018-08-15 01:25:33
Document Modified: 2018-08-15 01:25:33
| 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 applications for exemption; request for comments. | |
| Dates | Comments must be received on or before September 14, 2018. | |
| 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 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 40642 |
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