83_FR_53946 83 FR 53740 - Qualification of Drivers; Exemption Applications; Diabetes

83 FR 53740 - Qualification of Drivers; Exemption Applications; Diabetes

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 206 (October 24, 2018)

Page Range53740-53740
FR Document2018-23226

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

Federal Register, Volume 83 Issue 206 (Wednesday, October 24, 2018) 
[Federal Register Volume 83, Number 206 (Wednesday, October 24, 2018)]
[Notices]
[Page 53740]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-23226]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0206]


Qualification of Drivers; Exemption Applications; Diabetes

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

ACTION: Notice of denials.

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

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, (202) 366-4001, [email protected], FMCSA, 
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224, 
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., 
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-2018-0206, 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

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

III. Basis for Exemption Determination

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

IV. Conclusion

    The Agency has determined that these applicants do not satisfy the 
criteria eligibility or meet the terms and conditions of the Federal 
exemption and granting these exemptions would not provide a level of 
safety that would be equivalent to or greater than, the level of safety 
that would be obtained by complying with the regulation 49 CFR 
391.41(b)(3). Therefore, the seven applicants in this notice have been 
denied exemptions from the physical qualification standards in 49 CFR 
391.41(b)(3).
    Each applicant has, prior to this notice, received a letter of 
final disposition regarding his/her exemption request. Those decision 
letters fully outlined the basis for the denial and constitutes final 
action by the Agency. This notice summarizes the Agency's recent 
denials as required under 49 U.S.C. 31315(b)(4) by periodically 
publishing names and reasons for denial.
    The following four applicants met the diabetes requirements of 49 
CFR 391.41(b)(3) and do not need an exemption:

Randal B. Bivin (TX)
Joel D. Dillahunty (TX)
Donald D. Gueiss (NC)
Kurt A. Taranto (NY)

    The following two applicants had other medical conditions making 
the applicant otherwise unqualified under the Federal Motor Carrier 
Safety Regulations Norman C. Hutchinson, (IA); Curtis D. Lansdell, 
(AR).
    The following applicant, David L. Fisher (PA), did not have 
endocrinologists willing to make statements that he is able to operate 
CMVs from a diabetes standpoint.

     Issued on: October 15, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-23226 Filed 10-23-18; 8:45 am]
 BILLING CODE 4910-EX-P

53740 Federal Register / Vol. 83, No. 206 / Wednesday, October 24, 2018 / Notices Nathan L. Watson (TX) I. Public Participation eligibility criteria, the terms and In accordance with 49 U.S.C. 31136(e) conditions for Federal exemptions, and A. Viewing Documents and Comments and 31315, each exemption will be valid an individualized assessment of each for two years from the effective date To view comments, as well as any applicant’s medical information unless revoked earlier by FMCSA. The documents mentioned in this notice as provided by the applicant. exemption will be revoked if the being available in the docket, go to http://www.regulations.gov. Insert the IV. Conclusion following occurs: (1) The person fails to comply with the terms and conditions docket number, FMCSA–2018–0206, in The Agency has determined that these of the exemption; (2) the exemption has the keyword box, and click ‘‘Search.’’ applicants do not satisfy the criteria resulted in a lower level of safety than Next, click the ‘‘Open Docket Folder’’ eligibility or meet the terms and was maintained prior to being granted; button and choose the document to conditions of the Federal exemption and or (3) continuation of the exemption review. If you do not have access to the granting these exemptions would not would not be consistent with the goals internet, you may view the docket provide a level of safety that would be and objectives of 49 U.S.C. 31136(e) and online by visiting the Docket equivalent to or greater than, the level 31315. Management Facility in Room W12–140 of safety that would be obtained by on the ground floor of the DOT West complying with the regulation 49 CFR Issued on: October 15, 2018. Building, 1200 New Jersey Avenue SE, 391.41(b)(3). Therefore, the seven Larry W. Minor, Washington, DC 20590, between 9 a.m. applicants in this notice have been Associate Administrator for Policy. and 5 p.m., ET, Monday through Friday, denied exemptions from the physical [FR Doc. 2018–23231 Filed 10–23–18; 8:45 am] except Federal holidays. qualification standards in 49 CFR BILLING CODE 4910–EX–P B. Privacy Act 391.41(b)(3). Each applicant has, prior to this In accordance with 5 U.S.C. 553(c), notice, received a letter of final DEPARTMENT OF TRANSPORTATION DOT solicits comments from the public disposition regarding his/her exemption to better inform its rulemaking process. Federal Motor Carrier Safety request. Those decision letters fully DOT posts these comments, without Administration outlined the basis for the denial and edit, including any personal information constitutes final action by the Agency. [Docket No. FMCSA–2018–0206] the commenter provides, to This notice summarizes the Agency’s www.regulations.gov, as described in recent denials as required under 49 Qualification of Drivers; Exemption the system of records notice (DOT/ALL– U.S.C. 31315(b)(4) by periodically Applications; Diabetes 14 FDMS), which can be reviewed at publishing names and reasons for www.dot.gov/privacy. AGENCY: Federal Motor Carrier Safety denial. Administration (FMCSA), DOT. II. Background The following four applicants met the ACTION: Notice of denials. FMCSA received applications from diabetes requirements of 49 CFR seven individuals who requested an 391.41(b)(3) and do not need an SUMMARY: FMCSA announces its exemption: exemption from the FMCSRs decision to deny applications from prohibiting persons with ITDM from Randal B. Bivin (TX) seven individuals who requested an operating a CMV in interstate Joel D. Dillahunty (TX) exemption from the Federal Motor commerce. Donald D. Gueiss (NC) Carrier Safety Regulations (FMCSRs) FMCSA has evaluated the eligibility prohibiting persons with insulin-treated Kurt A. Taranto (NY) of these applicants and concluded that diabetes mellitus (ITDM) from operating The following two applicants had granting these exemptions would not a commercial motor vehicle (CMV) in other medical conditions making the provide a level of safety that would be interstate commerce. applicant otherwise unqualified under equivalent to or greater than, the level FOR FURTHER INFORMATION CONTACT: Ms. of safety that would be obtained by the Federal Motor Carrier Safety Christine A. Hydock, Chief, Medical complying with the regulation 49 CFR Regulations Norman C. Hutchinson, Programs Division, (202) 366–4001, 391.41(b)(3). (IA); Curtis D. Lansdell, (AR). fmcsamedical@dot.gov, FMCSA, The following applicant, David L. Department of Transportation, 1200 III. Basis for Exemption Determination Fisher (PA), did not have New Jersey Avenue SE, Room W64–224, Under 49 U.S.C. 31136(e) and 31315, endocrinologists willing to make Washington, DC 20590–0001. Office FMCSA may grant an exemption if it statements that he is able to operate hours are from 8:30 a.m. to 5 p.m., ET, finds such an exemption would likely CMVs from a diabetes standpoint. Monday through Friday, except Federal achieve a level of safety that is holidays. If you have questions Issued on: October 15, 2018. equivalent to, or greater than, the level regarding viewing or submitting that would be achieved absent such an Larry W. Minor, material to the docket, contact Docket exemption. Associate Administrator for Policy. Services, telephone (202) 366–9826. The Agency’s decision regarding these [FR Doc. 2018–23226 Filed 10–23–18; 8:45 am] SUPPLEMENTARY INFORMATION: exemption applications is based on the BILLING CODE 4910–EX–P amozie on DSK3GDR082PROD with NOTICES1 VerDate Sep<11>2014 17:43 Oct 23, 2018 Jkt 247001 PO 00000 Frm 00137 Fmt 4703 Sfmt 9990 E:\FR\FM\24OCN1.SGM 24OCN1


Document Created: 2018-10-24 00:24:44
Document Modified: 2018-10-24 00:24:44
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of denials.
ContactMs. 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 Citation83 FR 53740 
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