83 FR 53735 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 206 (October 24, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 206 (October 24, 2018)
| Page Range | 53735-53737 | |
| FR Document | 2018-23229 |
[Federal Register Volume 83, Number 206 (Wednesday, October 24, 2018)] [Notices] [Pages 53735-53737] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-23229] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA-2018-0033] Qualification of Drivers; Exemption Applications; Diabetes Mellitus AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. [[Page 53736]] ACTION: Notice of final disposition. ----------------------------------------------------------------------- SUMMARY: FMCSA announces its decision to exempt 60 individuals from the prohibition in the Federal Motor Carrier Safety Regulations (FMCSRs) against persons with insulin-treated diabetes mellitus (ITDM) from operating a commercial motor vehicle (CMV) in interstate commerce. The exemptions enable these individuals with ITDM to operate CMVs in interstate commerce. DATES: The exemptions were applicable on August 21, 2018. The exemptions expire on August 21, 2020. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., ET, 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. Public Participation A. Viewing Documents and Comments To view comments, as well as any documents mentioned in this notice as being available in the docket, go to http://www.regulations.gov. Insert the docket number, FMCSA-2018-0033, in the keyword box, and click ``Search.'' Next, click the ``Open Docket Folder'' button and choose the document to review. If you do not have access to the internet, you may view the docket online by visiting the Docket Management Facility in Room W12-140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. B. 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 www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy. II. Background On July 20, 2018, FMCSA published a notice announcing receipt of applications from 60 individuals requesting an exemption from diabetes requirement in 49 CFR 391.41(b)(3) and requested comments from the public (83 FR 34653). The public comment period ended on August 20, 2018, and two comments were received. FMCSA has evaluated the eligibility of these applicants and determined that granting the exemptions to these individuals would achieve a level of safety equivalent to or greater than the level that would be achieved by complying with the current regulation 49 CFR 391.41(b)(3). The physical qualification standard for drivers regarding diabetes found in 49 CFR 391.41(b)(3) states that a person is physically qualified to drive a CMV if that person has no established medical history or clinical diagnosis of diabetes mellitus currently requiring insulin for control. III. Discussion of Comments FMCSA received two comments in this proceeding. Dominika Rodriguez submitted a comment in favor of granting Paul Diokpa a Federal diabetes exemption. Vicky Johnson of the Minnesota Department of Public Safety noted the driving record of Mr. William T. Casey. On September 20, 2018, FMCSA's office followed up with Vicky Johnson and determined that the information does not change the agency's decision. IV. Basis for Exemption Determination Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption for up to five years from the diabetes standard in 49 CFR 391.41(b)(3) if the exemption is likely to achieve an equivalent or greater level of safety than would be achieved without the exemption. The exemption allows the applicants to operate CMVs in interstate commerce. FMCSA grants exemptions from the FMCSRs for a two-year period to align with the maximum duration of a driver's medical certification. The Agency's decision regarding these exemption applications is based on the program eligibility criteria and an individualized assessment of information submitted by each applicant. The qualifications, experience, and medical condition of each applicant were stated and discussed in detail in the July 20, 2018, Federal Register notice (83 FR 34653) and will not be repeated in this notice. These 60 applicants have had ITDM over a range of 1 to 45 years. These applicants report no severe hypoglycemic reactions resulting in loss of consciousness or seizure, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning symptoms, in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the past five years. In each case, an endocrinologist verified that the driver has demonstrated a willingness to properly monitor and manage his/her diabetes mellitus, received education related to diabetes management, and is on a stable insulin regimen. These drivers report no other disqualifying conditions, including diabetes related complications. Each meets the vision requirement at 49 CFR 391.41(b)(10). Consequently, FMCSA finds that in each case exempting these applicants from the diabetes requirement in 49 CFR 391.41(b)(3) is likely to achieve a level of safety equal to that existing without the exemption. V. Conditions and Requirements The terms and conditions of the exemption are provided to the applicants in the exemption document and includes the following: (1) Each driver must submit a quarterly monitoring checklist completed by the treating endocrinologist as well as an annual checklist with a comprehensive medical evaluation; (2) each driver must report within two business days of occurrence, all episodes of severe hypoglycemia, significant complications, or inability to manage diabetes; also, any involvement in an accident or any other adverse event in a CMV or personal vehicle, whether or not it is related to an episode of hypoglycemia; (3) each driver must provide a copy of the ophthalmologist's or optometrist's report to the Medical Examiner at the time of the annual medical examination; and (4) each driver must provide a copy of the annual medical certification to the employer for retention in the driver's qualification file, or keeping a copy in his/ her driver's qualification file if he/she is self-employed. The driver must also have a copy of the exemption when driving, for presentation to a duly authorized Federal, State, or local enforcement official. VI. Preemption During the period the exemption is in effect, no State shall enforce any law or regulation that conflicts with this exemption with respect to a person operating under the exemption. VII. Conclusion Based upon its evaluation of the 60 exemption applications, FMCSA exempts the following drivers from the diabetes requirement in 49 CFR 391.41(b)(10), subject to the requirements cited above: Michael R. Allen (IL) [[Page 53737]] Kenneth A. Bauer II (MI) Teresia K. Beaty (IN) Mycah M. Bliesmer (MN) Theodore F. Brassley, Jr. (ME) Al C. Broom (CA) David A. Bruns (IN) Todd W. Burdick (WI) William T. Casey (MN) Anthony Castano (FL) Richard T. Cisson III (FL) John F. Daley (RI) Erik T. Davis (MS) Robert J. Degrave (VA) Paul A. Diokpa (IL) Richard E. Dodge (OR) Jeramy A. Elley (MT) John A. Evenson (MN) Gregory L. Faison (MD) Ronald N. Falkowski (WI) Shawn L. Floyd (IL) Terrence M. Fontaine (MA) David G. Foster (MI) Daniel A. Fry (PA) Samuel L. Gillespie (TN) Eddie C. Hall (FL) Jacob E. Heubner (IN) Michael P. Johnson (MN) Ryan J. Keys (NY) James C. Lee, Jr. (GA) Harold W. Lewis, Jr. (MD) Edward T. Martin (MN) Clavenda L. Mason (MD) Derek A. McGinty (WI) Pamela J. Meziere (MS) Mark A. Miller (IN) Donald R. Mocaby (IL) David B. Morel (NH) Cornelius W. Ott, Jr. (IL) Gene H. Owens (KS) Jarek D. Perkins (OH) Austin S. Pihuliak (OH) Michael P. Poisson (MI) Carl E. Rhoads (IL) John W. Ringbloom (PA) Leslie M. Rinker (VA) Rocky G. Roof (MO) Lance U. Sapp (ND) Dwayne E. Smith (NY) Brian C. Smith (CA) Alex L. Soto (CA) Scott K. Stauffer (PA) Jerry F. Summers (NH) Gary R. Waldvogel (MN) Lee H. Watkins (OH) John D. Wenger, Jr. (MO) David B. Whitehead (NC) John J. Wille III (UT) Douglas W. Winslow (IL) Christopher S. Wright (IL) In accordance with 49 U.S.C. 31136(e) and 31315, each exemption will be valid for two years from the effective date unless revoked earlier by FMCSA. The exemption will be revoked if the following occurs: (1) The person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained prior to being granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315. Issued on: October 15, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-23229 Filed 10-23-18; 8:45 am] BILLING CODE 4910-EX-P
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complying with the current regulation demonstrated a willingness to properly Michael D. Cash (NY)
49 CFR 391.41(b)(3). monitor and manage his/her diabetes Travis A. Chandler (TN)
The physical qualification standard mellitus, received education related to Curtis D. Dement (ND)
for drivers regarding diabetes found in diabetes management, and is on a stable Mark A. Duncan (KS)
49 CFR 391.41(b)(3) states that a person insulin regimen. These drivers report no Hugh J. Gallagher (IN)
is physically qualified to drive a CMV other disqualifying conditions, Charles Gant (PA)
if that person has no established including diabetes related Gary D. Gudeman (IN)
medical history or clinical diagnosis of complications. Each meets the vision Richard D. Hawkins (IN)
diabetes mellitus currently requiring requirement at 49 CFR 391.41(b)(10). Michael A. Hayes (NC)
insulin for control. Consequently, FMCSA finds that in Brent M. Howard (IA)
each case exempting these applicants Herbert O. Jenkins (KY)
III. Discussion of Comments Scott A. Kiel (ND)
from the diabetes requirement in 49 CFR
FMCSA received one comment in this 391.41(b)(3) is likely to achieve a level Barry T. Koch (PA)
proceeding. Vicky Johnson submitted a of safety equal to that existing without Jose Lares (AZ)
comment regarding John A. Larson and the exemption. John A. Larson (MN)
Christopher A. Marquette, indicating Brian T. Lewis (CA)
that the Minnesota Department of Public V. Conditions and Requirements Mark J. Longtin (SD)
Safety (MN DPS) has no objections to The terms and conditions of the Christopher A. Marquette (MN)
either driver being granted a Federal exemption are provided to the Kasey J. Martin (IN)
diabetes exemption. Ms. Johnson notes applicants in the exemption document David A. Martin (IL)
that neither Mr. Larson nor Mr. and includes the following: (1) Each Ryan J. Matthews (OH)
Marquette has provided a medical driver must submit a quarterly Gion H. Mersha (IA)
certificate or waiver/exemption to MN monitoring checklist completed by the Phillip A. Nass (WI)
DPS. Neither driver had been granted a treating endocrinologist as well as an Frank T. Piper, Jr. (CT)
Federal diabetes exemption until the James P. Renaud (NH)
annual checklist with a comprehensive
date previously stated in this notice and Charles D. Robison (IA)
medical evaluation; (2) each driver must
would have been unable to provide a Michael A. Roosa (MA)
report within two business days of Alan Sang (FL)
Federal diabetes exemption prior to the occurrence, all episodes of severe
date that the exemptions were James M. Sanicola (WI)
hypoglycemia, significant Michael J. Torrez (WI)
applicable. complications, or inability to manage Gerard N. Tremblay, Jr. (MA)
IV. Basis for Exemption Determination diabetes; also, any involvement in an John H. Turner (GA)
accident or any other adverse event in Marcus D. Wade (IL)
Under 49 U.S.C. 31136(e) and 31315, a CMV or personal vehicle, whether or
FMCSA may grant an exemption for up James A. White (LA)
not it is related to an episode of Theodore M. Wicks (WY)
to five years from the diabetes standard hypoglycemia; (3) each driver must
in 49 CFR 391.41(b)(3) if the exemption Raymond L. Williamson (IL)
provide a copy of the ophthalmologist’s Steve B. Winger (MT)
is likely to achieve an equivalent or or optometrist’s report to the Medical
greater level of safety than would be In accordance with 49 U.S.C. 31136(e)
Examiner at the time of the annual and 31315, each exemption will be valid
achieved without the exemption. The medical examination; and (4) each
exemption allows the applicants to for two years from the effective date
driver must provide a copy of the unless revoked earlier by FMCSA. The
operate CMVs in interstate commerce. annual medical certification to the
FMCSA grants exemptions from the exemption will be revoked if the
employer for retention in the driver’s following occurs: (1) The person fails to
FMCSRs for a two-year period to align qualification file, or keeping a copy in
with the maximum duration of a comply with the terms and conditions
his/her driver’s qualification file if he/ of the exemption; (2) the exemption has
driver’s medical certification. she is self-employed. The driver must
The Agency’s decision regarding these resulted in a lower level of safety than
also have a copy of the exemption when was maintained prior to being granted;
exemption applications is based on the driving, for presentation to a duly
program eligibility criteria and an or (3) continuation of the exemption
authorized Federal, State, or local would not be consistent with the goals
individualized assessment of enforcement official.
information submitted by each and objectives of 49 U.S.C. 31136(e) and
applicant. The qualifications, VI. Preemption 31315.
experience, and medical condition of During the period the exemption is in Issued on: October 15, 2018.
each applicant were stated and effect, no State shall enforce any law or Larry W. Minor,
discussed in detail in the June 11, 2018, regulation that conflicts with this Associate Administrator for Policy.
Federal Register notice, (83 FR 27070) exemption with respect to a person [FR Doc. 2018–23228 Filed 10–23–18; 8:45 am]
and will not be repeated in this notice. operating under the exemption. BILLING CODE P
These 41 applicants have had ITDM
over a range of 1 to 26 years. These VII. Conclusion
applicants report no severe Based upon its evaluation of the 41 DEPARTMENT OF TRANSPORTATION
hypoglycemic reactions resulting in loss exemption applications, FMCSA
of consciousness or seizure, requiring exempts the following drivers from the Federal Motor Carrier Safety
the assistance of another person, or rule prohibiting drivers with ITBM from Administration
amozie on DSK3GDR082PROD with NOTICES1
resulting in impaired cognitive function driving CMV’s in interstate commerce in
that occurred without warning [FMCSA Docket No. FMCSA–2018–0033]
49 CFR 391.41(b)(10), subject to the
symptoms, in the past 12 months and no requirements cited above: Qualification of Drivers; Exemption
recurrent (two or more) severe Gerardo Arredondo (TX) Applications; Diabetes Mellitus
hypoglycemic episodes in the past five Ammar H. Atieh (NJ)
years. In each case, an endocrinologist Robert P. Baker, Jr. (IN) AGENCY:Federal Motor Carrier Safety
verified that the driver has Jose A. Barron (TX) Administration (FMCSA), DOT.
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![Federal Register / Vol. 83, No. 206 / Wednesday, October 24, 2018 / Notices 53737
Kenneth A. Bauer II (MI) was maintained prior to being granted; on the Ground Floor of the DOT West
Teresia K. Beaty (IN) or (3) continuation of the exemption Building, 1200 New Jersey Avenue SE,
Mycah M. Bliesmer (MN) would not be consistent with the goals Washington, DC 20590, between 9 a.m.
Theodore F. Brassley, Jr. (ME) and objectives of 49 U.S.C. 31136(e) and and 5 p.m., ET., Monday through
Al C. Broom (CA) 31315. Friday, except Federal holidays.
David A. Bruns (IN) Issued on: October 15, 2018. B. Privacy Act
Todd W. Burdick (WI) Larry W. Minor,
William T. Casey (MN) In accordance with 5 U.S.C. 553(c),
Associate Administrator for Policy. DOT solicits comments from the public
Anthony Castano (FL)
[FR Doc. 2018–23229 Filed 10–23–18; 8:45 am] to better inform its rulemaking process.
Richard T. Cisson III (FL)
John F. Daley (RI) BILLING CODE 4910–EX–P DOT posts these comments, without
Erik T. Davis (MS) edit, including any personal information
Robert J. Degrave (VA) the commenter provides, to
DEPARTMENT OF TRANSPORTATION www.regulations.gov, as described in
Paul A. Diokpa (IL)
Richard E. Dodge (OR) the system of records notice (DOT/ALL–
Federal Motor Carrier Safety
Jeramy A. Elley (MT) 14 FDMS), which can be reviewed at
Administration
John A. Evenson (MN) www.dot.gov/privacy.
Gregory L. Faison (MD) [FMCSA Docket No. FMCSA–2018–0202]
II. Background
Ronald N. Falkowski (WI)
Shawn L. Floyd (IL) Qualification of Drivers; Exemption On August 15, 2018, FMCSA
Terrence M. Fontaine (MA) Applications; Diabetes Mellitus published a notice announcing receipt
David G. Foster (MI) of applications from 39 individuals
AGENCY: Federal Motor Carrier Safety requesting an exemption from diabetes
Daniel A. Fry (PA) Administration (FMCSA), DOT.
Samuel L. Gillespie (TN) requirement in 49 CFR 391.41(b)(3) and
ACTION: Notice of final disposition. requested comments from the public (83
Eddie C. Hall (FL)
Jacob E. Heubner (IN) FR 40642). The public comment period
SUMMARY: FMCSA announces its
Michael P. Johnson (MN) ended on September 14, 2018, and no
decision to exempt 39 individuals from
Ryan J. Keys (NY) comments were received.
the prohibition in the Federal Motor FMCSA has evaluated the eligibility
James C. Lee, Jr. (GA) Carrier Safety Regulations (FMCSRs)
Harold W. Lewis, Jr. (MD) of these applicants and determined that
against persons with insulin-treated granting the exemptions to these
Edward T. Martin (MN) diabetes mellitus (ITDM) from operating
Clavenda L. Mason (MD) individuals would achieve a level of
a commercial motor vehicle (CMV) in safety equivalent to or greater than the
Derek A. McGinty (WI) interstate commerce. The exemptions
Pamela J. Meziere (MS) level that would be achieved by
enable these individuals with ITDM to complying with the current regulation
Mark A. Miller (IN) operate CMVs in interstate commerce.
Donald R. Mocaby (IL) 49 CFR 391.41(b)(3).
DATES: The exemptions were applicable The physical qualification standard
David B. Morel (NH) on September 15, 2018. The exemptions
Cornelius W. Ott, Jr. (IL) for drivers regarding diabetes found in
expire on September 15, 2020. 49 CFR 391.41(b)(3) states that a person
Gene H. Owens (KS)
Jarek D. Perkins (OH) FOR FURTHER INFORMATION CONTACT: is physically qualified to drive a CMV
Austin S. Pihuliak (OH) Ms. Christine A. Hydock, Chief, Medical if that person has no established
Michael P. Poisson (MI) Programs Division, (202) 366–4001, medical history or clinical diagnosis of
Carl E. Rhoads (IL) fmcsamedical@dot.gov, FMCSA, diabetes mellitus currently requiring
John W. Ringbloom (PA) Department of Transportation, 1200 insulin for control.
Leslie M. Rinker (VA) New Jersey Avenue SE, Room W64–224,
III. Discussion of Comments
Rocky G. Roof (MO) Washington, DC 20590–0001. Office
hours are from 8:30 a.m. to 5 p.m., ET, FMCSA received no comments in this
Lance U. Sapp (ND) proceeding.
Dwayne E. Smith (NY) Monday through Friday, except Federal
Brian C. Smith (CA) holidays. If you have questions IV. Basis for Exemption Determination
Alex L. Soto (CA) regarding viewing or submitting
material to the docket, contact Docket Under 49 U.S.C. 31136(e) and 31315,
Scott K. Stauffer (PA) FMCSA may grant an exemption for up
Jerry F. Summers (NH) Services, telephone (202) 366–9826.
to five years from the diabetes standard
Gary R. Waldvogel (MN) SUPPLEMENTARY INFORMATION:
in 49 CFR 391.41(b)(3) if the exemption
Lee H. Watkins (OH) I. Public Participation is likely to achieve an equivalent or
John D. Wenger, Jr. (MO) greater level of safety than would be
David B. Whitehead (NC) A. Viewing Documents and Comments achieved without the exemption. The
John J. Wille III (UT) To view comments, as well as any exemption allows the applicants to
Douglas W. Winslow (IL) documents mentioned in this notice as operate CMVs in interstate commerce.
Christopher S. Wright (IL) being available in the docket, go to FMCSA grants exemptions from the
In accordance with 49 U.S.C. 31136(e) http://www.regulations.gov. Insert the FMCSRs for a two-year period to align
and 31315, each exemption will be valid docket number, FMCSA–2018–0202, in with the maximum duration of a
amozie on DSK3GDR082PROD with NOTICES1
for two years from the effective date the keyword box, and click ‘‘Search.’’ driver’s medical certification.
unless revoked earlier by FMCSA. The Next, click the ‘‘Open Docket Folder’’ The Agency’s decision regarding these
exemption will be revoked if the button and choose the document to exemption applications is based on the
following occurs: (1) The person fails to review. If you do not have access to the program eligibility criteria and an
comply with the terms and conditions internet, you may view the docket individualized assessment of
of the exemption; (2) the exemption has online by visiting the Docket information submitted by each
resulted in a lower level of safety than Management Facility in Room W12–140 applicant. The qualifications,
VerDate Sep<11>2014 17:43 Oct 23, 2018 Jkt 247001 PO 00000 Frm 00134 Fmt 4703 Sfmt 4703 E:\FR\FM\24OCN1.SGM 24OCN1](https://thefederalregister.org/doc/83_FR_53941/page/3.svg)
Document Created: 2018-10-24 00:24:09
Document Modified: 2018-10-24 00:24:09
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of final disposition. | |
| Dates | The exemptions were applicable on August 21, 2018. The exemptions expire on August 21, 2020. | |
| Contact | Ms. Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., ET, 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 53735 |
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