83 FR 45728 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 175 (September 10, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 175 (September 10, 2018)
| Page Range | 45728-45734 | |
| FR Document | 2018-19630 |
[Federal Register Volume 83, Number 175 (Monday, September 10, 2018)] [Notices] [Pages 45728-45734] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-19630] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2018-0204] 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 38 individuals for an exemption from the prohibition in the [[Page 45729]] 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 October 10, 2018. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA-2018-0204 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 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 38 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 Marc A. Angle Mr. Angle, 47, 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. Angle understands diabetes management and monitoring, has stable control of his diabetes using [[Page 45730]] insulin, and is able to drive a CMV safely. Mr. Angle 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 Michigan. David J. Archie Mr. Archie, 32, has had ITDM since 2005. 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. Archie understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Archie 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 Mississippi. Kevin C. Atkins Mr. Atkins, 54, 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. Atkins understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Atkins 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 Tennessee. Paul R. Bales Mr. Bales, 47, 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. Bales understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Bales 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 Missouri. Francis M. Bautista, Jr. Mr. Bautista, 47, 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. Bautista understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Bautista 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. Leonard M. Block Mr. Block, 63, 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. Block understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Block 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. Christian A. Bowles Mr. Bowles, 26, has had ITDM since 1998. 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. Bowles understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Bowles 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 Ohio. Lee R. Bryant Mr. Bryant, 62, 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. Bryant understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Bryant 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 Kansas. Michael A. Cameron Mr. Cameron, 43, 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. Cameron understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Cameron 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 South Dakota. Wisner Charles Mr. Charles, 44, 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 [[Page 45731]] 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. Charles understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Charles 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 Florida. James C. Cherry, Jr. Mr. Cherry, 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. Cherry understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Cherry 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 Pennsylvania. Kevin M. Crow Mr. Crow, 44, 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. Crow understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Crow 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 West Virginia. Cynthia L. Dixon-Pyke Ms. Dixon-Pyke, 60, has had ITDM since 2018. 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. Dixon-Pyke understands diabetes management and monitoring, has stable control of her diabetes using insulin, and is able to drive a CMV safely. Ms. Dixon-Pyke 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 a Class A CDL from Wisconsin. James E. Dodge, Jr. Mr. Dodge, 56, 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. Dodge understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Dodge 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 Pennsylvania. Richard T. Ewell Mr. Ewell, 50, 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. Ewell understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Ewell 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 Illinois. F.D. N. Garbo, Sr. Mr. Garbo, 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. Garbo understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Garbo 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 Maryland. Vincent P. Gaudino Mr. Gaudino, 46, 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. Gaudino understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Gaudino 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 Pennsylvania. Jerome E. Haskin Mr. Haskin, 56, has had ITDM since 2013. 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. Haskin understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Haskin meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist [[Page 45732]] examined him in 2018 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Minnesota. Thomas P. Kelly, Jr. Mr. Kelly, 53, 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. Kelly understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Kelly 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 D CDL from New York. Jerrold P. Kerber Mr. Kerber, 69, 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. Kerber understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Kerber 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 Arizona. Aaron D. Lee Mr. Lee, 42, has had ITDM since 1989. 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. Lee understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Lee 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. Ryan T. Lindner Mr. Lindner, 35, has had ITDM since 2003. 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. Lindner understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Lindner 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 California. Keith A. MacAdams Mr. MacAdams, 59, 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. MacAdams understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. MacAdams 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 Massachusetts. Jeremy R. Main Mr. Main, 30, 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. Main understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Main 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 license from Kansas. Robert D. Manley Mr. Manley, 53, 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. Manley understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Manley 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 Indiana. Daniel P. McCartney Mr. McCartney, 69, 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. McCartney understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. McCartney 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. Rose M. McKay Ms. McKay, 52, has had ITDM since 2013. 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 [[Page 45733]] years. Her endocrinologist certifies that Ms. McKay understands diabetes management and monitoring, has stable control of her diabetes using insulin, and is able to drive a CMV safely. Ms. McKay 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 New York. Keith C. Newburn Mr. Newburn, 71, 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. Newburn understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Newburn 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 Oregon. Colby A. Nutter Mr. Nutter, 26, has had ITDM since 1993. 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. Nutter understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Nutter 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 Virginia. Donald S. Pederson Mr. Pederson, 65, 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. Pederson understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Pederson 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 Montana. David Perez Mr. Perez, 42, 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. Perez understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Perez 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 Dakota. Timothy C. Perry Mr. Perry, 50, 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. Perry understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Perry 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 Kentucky. Scott K. Powell Mr. Powell, 34, has had ITDM since 1991. 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. Powell understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Powell 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. Layne C. Sanderson Mr. Sanderson, 23, 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. Sanderson understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Sanderson 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 Idaho. Emily M. Thibodeau Ms. Thibodeau, 37, has had ITDM since 1986. 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. Thibodeau understands diabetes management and monitoring, has stable control of her diabetes using insulin, and is able to drive a CMV safely. Ms. Thibodeau meets the requirements of the vision standard at 49 CFR 391.41(b)(10). Her ophthalmologist examined her in 2017 and certified that she does not have diabetic retinopathy. She holds an operator's license from Massachusetts. Federico F. Vigil Mr. Vigil, 60, has had ITDM since 2016. His endocrinologist examined him in 2018 and certified that he has had no severe hypoglycemic reactions resulting [[Page 45734]] 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. Vigil understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Vigil 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 Texas. Clarence S. Waldner Mr. Waldner, 62, has had ITDM since 1969. 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. Waldner understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Waldner 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. Logan T. Wiersema Mr. Wiersema, 21, has had ITDM since 1998. 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. Wiersema understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Wiersema 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 Virginia. 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-2018-0204 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-2018-0204 and click ``Search.'' Next, click ``Open Docket Folder'' and you will find all documents and comments related to this notice. Issued on: August 30, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-19630 Filed 9-7-18; 8:45 am] BILLING CODE 4910-EX-P
![45728 Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Notices
Kevin A. Wilson (WV) Steven R. Weir (MA) complications, or inability to manage
Jeffrey S. Wine (IA) Richard T. Whitney (MN) diabetes; also, any involvement in an
P.W. Woodard (NY) Donald D. Willard (IA) accident or any other adverse event in
The drivers were included in docket Gary W. Wozniak (NE) a CMV or personal vehicle, whether or
number FMCSA–2016–0220. Their Steven L. Yokom (ID) not it is related to an episode of
exemptions are applicable as of October Allan M. Younglas (PA) hypoglycemia; (3) each driver must
20, 2018, and will expire on October 20, Daniel R. Zuriff (MN) submit an annual ophthalmologist’s or
2020. The drivers were included in docket optometrist’s report; and (4) each driver
As of October 21, 2018, and in number FMCSA–2014–0021. Their must provide a copy of the annual
accordance with 49 U.S.C. 31136(e) and exemptions are applicable as of October medical certification to the employer for
31315, the following 58 individuals 21, 2018, and will expire on October 21, retention in the driver’s qualification
have satisfied the renewal conditions for 2020. file, or keep a copy in his/her driver’s
obtaining an exemption from the rule As of October 22, 2018, and in qualification file if he/she is self-
prohibiting drivers with ITDM from accordance with 49 U.S.C. 31136(e) and employed. The driver must also have a
driving CMVs in interstate commerce 31315, the following ten individuals copy of the exemption when driving, for
(79 FR 56107; 79 FR 73946; 81 FR have satisfied the renewal conditions for presentation to a duly authorized
80164): obtaining an exemption from the rule Federal, State, or local enforcement
prohibiting drivers with ITDM from official. The exemption will be
Michael L. Agnitsch (NE)
Earl W. Avery (TN) driving CMVs in interstate commerce rescinded if: (1) The person fails to
Michael A. Baker (CT) (77 FR 52384; 77 FR 64585; 81 FR comply with the terms and conditions
Todd D. Bloomfield (WA) 80164): of the exemption; (2) the exemption has
Charles K. Bond (PA) Patrick D. Fortier (MN) resulted in a lower level of safety than
Christopher R. Cook (NY) Daniel J. Gladen (MN) was maintained before it was granted; or
Wygila M. Corliss (NM) Walter V. Gruba (VA) (3) continuation of the exemption would
Timothy J. Cornish (OH) Marshall D. Howell (MI) not be consistent with the goals and
Evan R. Dieken (MN) Duane J. Mullins (WI) objectives of 49 U.S.C. 31136(e) and
Richard A. Durr (IL) Louis R. Noellsch (WA) 31315.
George B. Ferris, Jr. (NY) Darrin W. Pettis (WA) V. Preemption
John B. Flood (MO) Michael J. Raposa (MA)
Keith J. Tavares (MA) During the period the exemption is in
David S. Fortune (VA)
Phillip L. Truitt (MD) effect, no State shall enforce any law or
John Galione (NJ)
regulation that conflicts with this
Peter E. Ganss (KS) The drivers were included in docket
exemption with respect to a person
Michael Hawkins (SC) number FMCSA–2012–0128. Their
operating under the exemption.
Rodney J. Hendricks (ID) exemptions are applicable as of October
Timothy U. Herring (NC) 22, 2018, and will expire on October 22, VI. Conclusion
Richard L. Hines (NC) 2020. Based upon its evaluation of the 134
David M. Hughes (UT) As of October 31, 2018, and in exemption applications, FMCSA renews
Jammie L. Hughes (OH) accordance with 49 U.S.C. 31136(e) and the exemptions of the aforementioned
Andy L. Hughes (IL) 31315, the following six individuals drivers from the rule prohibiting drivers
Rodney L. Johnson (OR) have satisfied the renewal conditions for with ITDM from driving CMVs in
Paul D. Kimmel (IA) obtaining an exemption from the rule interstate commerce. In accordance with
Scott M. Klain (OR) prohibiting drivers with ITDM from 49 U.S.C. 31136(e) and 31315, each
Gregory L. Kuharski (MN) driving CMVs in interstate commerce exemption will be valid for two years
Robert B. Langston, III (MS) (77 FR 56258; 77 FR 65929; 81 FR unless revoked earlier by FMCSA.
Mark W. Lavorini (PA) 80164):
Issued on: August 30, 2018.
William M. Linskey (MA) Edward K. Belcher (KY)
Jason D. Lowder (OH) Larry W. Minor,
Philip C. Brooks, Jr. (VA)
Arnold V. Magaoay (HI) Associate Administrator for Policy.
Michael R. Conley (MN)
Norman C. Mallett (AR) Patrick J. Connors (MA) [FR Doc. 2018–19632 Filed 9–7–18; 8:45 am]
Justin T. Mattice (AZ) John C. Halabura (PA) BILLING CODE 4910–EX–P
Leldon W. McCutcheon (AL) Paul L. Harrison III (NY)
Kenneth M. Miller (ID) The drivers were included in docket
Richard E. Moore (NY) number FMCSA–2012–0219. Their DEPARTMENT OF TRANSPORTATION
Matthew K. Morrison (UT) exemptions are applicable as of October Federal Motor Carrier Safety
Edward L. Norfleet (AL) 31, 2018, and will expire on October 31, Administration
Mark P. Norwood (NV) 2020.
Kyle R. Perry (PA) [Docket No. FMCSA–2018–0204]
Michael L. Plinski (WA) IV. Conditions and Requirements
Christopher M. Provance (NE) The exemptions are extended subject Qualification of Drivers; Exemption
James A. Rambo (VA) to the following conditions: (1) Each Applications; Diabetes Mellitus
Michael E. Reck (OH) driver must submit a quarterly AGENCY: Federal Motor Carrier Safety
daltland on DSKBBV9HB2PROD with NOTICES
Rondo L. Rininger (IN) monitoring checklist completed by the Administration (FMCSA), DOT.
James E. Seymour (PA) treating endocrinologist as well as an ACTION: Notice of applications for
Calvin R. Smith (IL) annual checklist with a comprehensive exemption; request for comments.
Wesley J. Summerville (PA) medical evaluation; (2) each driver must
William R. Thome (IA) report within two business days of SUMMARY: FMCSA announces receipt of
Stephen M. Thompson (GA) occurrence, all episodes of severe applications from 38 individuals for an
Randy L. Triplett (OH) hypoglycemia, significant exemption from the prohibition in the
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![45734 Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Notices
in loss of consciousness, requiring the III. Request for Comments DEPARTMENT OF TRANSPORTATION
assistance of another person, or
resulting in impaired cognitive function In accordance with 49 U.S.C. 31136(e) Federal Motor Carrier Safety
that occurred without warning in the and 31315, FMCSA requests public Administration
past 12 months and no recurrent (two or comment from all interested persons on
[Docket Nos. FMCSA–2013–0109; FMCSA–
more) severe hypoglycemic episodes in the exemption petitions described in
2013–0444; FMCSA–2015–0322]
the last five years. His endocrinologist this notice. We will consider all
certifies that Mr. Vigil understands comments received before the close of Qualification of Drivers; Exemption
diabetes management and monitoring, business on the closing date indicated Applications; Epilepsy and Seizure
has stable control of his diabetes using in the dates section of the notice. Disorders
insulin, and is able to drive a CMV IV. Submitting Comments AGENCY: Federal Motor Carrier Safety
safely. Mr. Vigil meets the requirements Administration (FMCSA), DOT.
of the vision standard at 49 CFR You may submit your comments and
ACTION: Notice of renewal of
391.41(b)(10). His optometrist examined material online or by fax, mail, or hand
exemptions; request for comments.
him in 2018 and certified that he does delivery, but please use only one of
not have diabetic retinopathy. He holds these means. FMCSA recommends that SUMMARY: FMCSA announces its
a Class A CDL from Texas. you include your name and a mailing decision to renew exemptions for 16
address, an email address, or a phone individuals from the requirement in the
Clarence S. Waldner
number in the body of your document Federal Motor Carrier Safety
Mr. Waldner, 62, has had ITDM since so that FMCSA can contact you if there Regulations (FMCSRs) that interstate
1969. His endocrinologist examined him are questions regarding your commercial motor vehicle (CMV)
in 2018 and certified that he has had no submission. drivers have ‘‘no established medical
severe hypoglycemic reactions resulting To submit your comment online, go to history or clinical diagnosis of epilepsy
in loss of consciousness, requiring the http://www.regulations.gov and in the or any other condition which is likely
assistance of another person, or search box insert the docket number to cause loss of consciousness or any
resulting in impaired cognitive function loss of ability to control a CMV.’’ The
FMCSA–2018–0204 and click the search
that occurred without warning in the exemptions enable these individuals
button. When the new screen appears,
past 12 months and no recurrent (two or who have had one or more seizures and
click on the blue ‘‘Comment Now!’’ are taking anti-seizure medication to
more) severe hypoglycemic episodes in button on the right hand side of the continue to operate CMVs in interstate
the last five years. His endocrinologist page. On the new page, enter commerce.
certifies that Mr. Waldner understands information required including the
diabetes management and monitoring, DATES: Each group of renewed
specific section of this document to
has stable control of his diabetes using exemptions were applicable on the
which each comment applies, and dates stated in the discussions below
insulin, and is able to drive a CMV provide a reason for each suggestion or
safely. Mr. Waldner meets the and will expire on the dates stated in
recommendation. If you submit your the discussions below. Comments must
requirements of the vision standard at comments by mail or hand delivery, be received on or before October 10,
49 CFR 391.41(b)(10). His optometrist submit them in an unbound format, no 2018.
examined him in 2018 and certified that larger than 81⁄2 by 11 inches, suitable for
he does not have diabetic retinopathy. copying and electronic filing. If you ADDRESSES: You may submit comments
He holds a Class A CDL from bearing the Federal Docket Management
submit comments by mail and would
Minnesota. System (FDMS) Docket Nos. FMCSA–
like to know that they reached the
2013–0109; FMCSA–2013–0444;
Logan T. Wiersema facility, please enclose a stamped, self-
FMCSA–2015–0322 using any of the
addressed postcard or envelope. following methods:
Mr. Wiersema, 21, has had ITDM We will consider all comments and • Federal eRulemaking Portal: Go to
since 1998. His endocrinologist materials received during the comment http://www.regulations.gov. Follow the
examined him in 2018 and certified that period. FMCSA may issue a final online instructions for submitting
he has had no severe hypoglycemic determination at any time after the close comments.
reactions resulting in loss of of the comment period. • Mail: Docket Management Facility;
consciousness, requiring the assistance U.S. Department of Transportation, 1200
of another person, or resulting in V. Viewing Comments and Documents New Jersey Avenue SE, West Building
impaired cognitive function that Ground Floor, Room W12–140,
occurred without warning in the past 12 To view comments, as well as any
documents mentioned in this preamble, Washington, DC 20590–0001.
months and no recurrent (two or more) • Hand Delivery: West Building
severe hypoglycemic episodes in the go to http://www.regulations.gov and in
Ground Floor, Room W12–140, 1200
last five years. His endocrinologist the search box insert the docket number
New Jersey Avenue SE, Washington,
certifies that Mr. Wiersema understands FMCSA–2018–0204 and click ‘‘Search.’’
DC, between 9 a.m. and 5 p.m., e.t.,
diabetes management and monitoring, Next, click ‘‘Open Docket Folder’’ and Monday through Friday, except Federal
has stable control of his diabetes using you will find all documents and Holidays.
insulin, and is able to drive a CMV comments related to this notice. • Fax: 1–202–493–2251.
daltland on DSKBBV9HB2PROD with NOTICES
safely. Mr. Wiersema meets the Issued on: August 30, 2018. Instructions: Each submission must
requirements of the vision standard at Larry W. Minor, include the Agency name and the
49 CFR 391.41(b)(10). His optometrist docket number(s) for this notice. Note
Associate Administrator for Policy.
examined him in 2018 and certified that that all comments received will be
[FR Doc. 2018–19630 Filed 9–7–18; 8:45 am]
he does not have diabetic retinopathy. posted without change to http://
He holds an operator’s license from BILLING CODE 4910–EX–P
www.regulations.gov, including any
Virginia. personal information provided. Please
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Document Created: 2018-09-08 00:42:40
Document Modified: 2018-09-08 00:42:40
| 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 October 10, 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 45728 |
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