83 FR 58678 - Qualification of Drivers; Exemption Applications; Vision
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 224 (November 20, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 224 (November 20, 2018)
| Page Range | 58678-58681 | |
| FR Document | 2018-25282 |
[Federal Register Volume 83, Number 224 (Tuesday, November 20, 2018)] [Notices] [Pages 58678-58681] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-25282] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-1999-6156; FMCSA-1999-6480; FMCSA-2002-11714; FMCSA- 2005-23099; FMCSA-2006-24015; FMCSA-2006-24783; FMCSA-2007-27515; FMCSA-2008-0021; FMCSA-2008-0106; FMCSA-2008-0174; FMCSA-2009-0206; FMCSA-2009-0291; FMCSA-2009-0303; FMCSA-2009-0321; FMCSA-2010-0050; FMCSA-2010-0082; FMCSA-2010-0114; FMCSA-2011-0299; FMCSA-2011-0324; FMCSA-2011-0379; FMCSA-2012-0039; FMCSA-2012-0104; FMCSA-2012-0106; FMCSA-2012-0159; FMCSA-2012-0160; FMCSA-2012-0161; FMCSA-2013-0174; FMCSA-2014-0002; FMCSA-2014-0003; FMCSA-2014-0005; FMCSA-2014-0006; FMCSA-2014-0007; FMCSA-2014-0008; FMCSA-2016-0024; FMCSA-2016-0027; FMCSA-2016-0028; FMCSA-2016-0030] Qualification of Drivers; Exemption Applications; Vision AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. ----------------------------------------------------------------------- SUMMARY: FMCSA announces its decision to renew exemptions for 100 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) for interstate [[Page 58679]] commercial motor vehicle (CMV) drivers. The exemptions enable these individuals to continue to operate CMVs in interstate commerce without meeting the vision requirement in one eye. DATES: Each group of renewed exemptions were applicable on the dates stated in the discussions below and will expire on the dates stated in the discussions below. 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-1999-6156; FMCSA-1999-6480; FMCSA-2002- 11714; FMCSA-2005-23099; FMCSA-2006-24015; FMCSA-2006-24783; FMCSA- 2007-27515; FMCSA-2008-0021; FMCSA-2008-0106; FMCSA-2008-0174; FMCSA- 2009-0206; FMCSA-2009-0291; FMCSA-2009-0303; FMCSA-2009-0321; FMCSA- 2010-0050; FMCSA-2010-0082; FMCSA-2010-0114; FMCSA-2011-0299; FMCSA- 2011-0324; FMCSA-2011-0379; FMCSA-2012-0039; FMCSA-2012-0104; FMCSA- 2012-0106; FMCSA-2012-0159; FMCSA-2012-0160; FMCSA-2012-0161; FMCSA- 2013-0174; FMCSA-2014-0002; FMCSA-2014-0003; FMCSA-2014-0005; FMCSA- 2014-0006; FMCSA-2014-0007; FMCSA-2014-0008; FMCSA-2016-0024; FMCSA- 2016-0027; FMCSA-2016-0028; FMCSA-2016-0030, 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 its decision to renew exemptions for 100 individuals from the vision requirement in 49 CFR 391.41(b)(10) to operate a CMV in interstate commerce and requested comments from the public (83 FR 34661). The public comment period ended on August 20, 2018, and no comments were received. As stated in the previous notice, FMCSA has evaluated the eligibility of these applicants and determined that renewing these exemptions 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)(10). The physical qualification standard for drivers regarding vision found in 49 CFR 391.41(b)(10) states that a person is physically qualified to driver a CMV if that person has distant visual acuity of at least 20/40 (Snellen) in each eye without corrective lenses or visual acuity separately corrected to 20/40 (Snellen) or better with corrective lenses, distant binocular acuity of a least 20/40 (Snellen) in both eyes with or without corrective lenses, field of vision of at least 70[deg] in the horizontal meridian in each eye, and the ability to recognize the colors of traffic signals and devices showing red, green, and amber. III. Discussion of Comments FMCSA received no comments in this preceding. IV. Conclusion Based on its evaluation of the 100 renewal exemption applications and comments received, FMCSA confirms its' decision to exempt the following drivers from the vision requirement in 49 CFR 391.41(b)(10): In accordance with 49 U.S.C. 31136(e) and 31315, the following groups of drivers received renewed exemptions in the month of August and are discussed below. As of August 1, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 39 individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (64 FR 54948; 64 FR 68195; 65 FR 159; 65 FR 20251; 67 FR 10475; 67 FR 15662; 67 FR 17102; 67 FR 37907; 69 FR 8260; 69 FR 17267; 69 FR 26206; 71 FR 4194; 71 FR 6824; 71 FR 13450; 71 FR 16410; 71 FR 26601; 71 FR 26602; 71 FR 32183; 71 FR 41310; 72 FR 21313; 72 FR 32703; 73 FR 15255; 73 FR 15567; 73 FR 27015; 73 FR 27017; 73 FR 28186; 73 FR 36955; 74 FR 26464; 74 FR 43217; 74 FR 57551; 74 FR 60022; 74 FR 65842; 75 FR 1835; 75 FR 4623; 75 FR 9478; 75 FR 9482; 75 FR 14656; 75 FR 19674; 75 FR 20882; 75 FR 25917; 75 FR 27621; 75 FR 27622; 75 FR 27623; 75 FR 28682; 75 FR 36778; 75 FR 36779; 75 FR 39727; 76 FR 37173; 76 FR 75942; 77 FR 7657; 77 FR 10606; 77 FR 13689; 77 FR 15184; 77 FR 20879; 77 FR 22059; 77 FR 23797; 77 FR 26816; 77 FR 27847; 77 FR 27849; 77 FR 27850; 77 FR 29447; 77 FR 31427; 77 FR 33017; 77 FR 36338; 77 FR 38384; 77 FR 38386; 77 FR 44708; 78 FR 57679; 78 FR 67452; 78 FR 67460; 78 FR 78477; 79 FR 1908; 79 FR 10606; 79 FR 10608; 79 FR 14328; 79 FR 14333; 79 FR 14571; 79 FR 17641; 79 FR 18390; 79 FR 21996; 79 FR 22003; 79 FR 23797; 79 FR 27043; 79 FR 27681; 79 FR 28588; 79 FR 29495; 79 FR 35212; 79 FR 35218; 79 FR 35220; 79 FR 38649; 79 FR 38661; 79 FR 47175; 80 FR 49302; 80 FR 63869; 80 FR 80443; 81 FR 20433; 81 FR 20435; 81 FR 21655; 81 FR 26305; 81 FR 28138; 81 FR 39320; 81 FR 66718; 81 FR 66720; 81 FR 66724; 81 FR 77173; 81 FR 90050; 81 FR 91239; 81 FR 96196): Julian Aguirre (TX) Daniel A. Bahm (FL) Kenneth J. Bernard (LA) Brad T. Braegger (UT) Walter M. Brown (SC) Daniel M. Cannon (OR) Cary Carn (NJ) Ryan E. Cox (WI) William C. Dempsey, Jr. (MA) Richard W. Ellis (IA) Ronald D. Flanery (KY) Nicholas C. Georgen (IA) Luis Gomez-Banda (NV) Gary A. Goostree (OH) Joshua V. Harrison (NJ) Wesley V. Holland (NC) Timothy B. Hummel (KY) Walter J. Jurczak (NJ) Charles J. Kennedy (OH) Randall L. Mathis (AL) Brian D. McClanahan (IL) Lawrence C. Moody (NJ) Norman V. Myers (WA) Earl R. Neugerbauer (CO) Hassan Ourahou (KY) Joe Ramirez (CA) Tommy L. Ray, Jr. (AL) Justin T. Richman (IN) Kevin L. Routin (KY) Scott J. Schlenker (WA) [[Page 58680]] Andrew W. Schollett (CO) Michael D. Singleton (IN) John C. Smith (IL) Temesgn H. Teklezig (WA) George W. Thomas (SC) Gary R. Thomas (OH) Leslie D. Wallace (MO) Wade W. Ward (WY) John T. White, Jr. (NC) The drivers were included in docket numbers FMCSA-1999-6156; FCMSA- 1999-6480; FCMSA-2002-11714; FCMSA-2005-23099; FCMSA-2006-24783; FCMSA- 2007-27515; FCMSA-2008-0021; FCMSA-2009-0206; FCMSA-2009-0291; FCMSA- 2009-0303; FCMSA-2009-0321; FCMSA-2010-0050; FCMSA-2010-0082; FCMSA- 2011-0299; FCMSA-2011-0324; FCMSA-2011-0379; FCMSA-2012-0039; FCMSA- 2012-0104; FCMSA-2012-0106; FCMSA-2013-0174; FCMSA-2014-0002; FCMSA- 2014-0003; FCMSA-2014-0005; FCMSA-2014-0006; FCMSA-2016-0024; FCMSA- 2016-0027; FCMSA-2016-0028. Their exemptions are applicable as of August 1, 2018, and will expire on August 1, 2020. As of August 6, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following five individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (75 FR 25918; 75 FR 39729; 77 FR 15184; 77 FR 27850; 77 FR 36336; 77 FR 36338; 77 FR 46795; 79 FR 38661; 81 FR 90050): William L. Martin (OR) Richard L. Miller (IN) Lance C. Phares (NY) Richard D. Tucker II (NC) Jay Turner (OH) The drivers were included in docket numbers FMCSA-2010-0082; FMCSA- 2011-0379; FMCSA-2012-0159. Their exemptions are applicable as of August 6, 2018, and will expire on August 6, 2020. As of August 8, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 16 individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (79 FR 38659; 79 FR 53514; 81 FR 90050): Jimmy A. Baker (TX) Antonio A. Calixto (MN) James W. Carter, Jr. (KS) Larry G. Davis (TN) Michael C. Doheny (CT) George P. Ford (NC) Ronnie L. Henry (KS) Johnny L. Irving (MS) Kevin L. Jones (SC) Keith A. Kelley (ME) David L. Miller (OH) David Perkins (NY) Randall H. Tempel (MT) Cory J. Tivnan (WA) Ricky W. Witt (IA) John D. Woods (MI) The drivers were included in docket number FMCSA-2014-0007. Their exemptions are applicable as of August 8, 2018, and will expire on August 8, 2020. As of August 9, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following four individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (75 FR 34210; 75 FR 34211; 75 FR 34212; 75 FR 27888; 77 FR 40945; 79 FR 40945; 81 FR 90050): Mark S. Berkheimer (PA) Michael A. Jabro (MI) Buddy W. Myrick (TX) Charles L. Rill, Sr. (MD) The drivers were included in docket number FMCSA-2010-0114. Their exemptions are applicable as of August 9, 2018, and will expire on August 9, 2020. As of August 12, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following ten individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (81 FR 45214; 81 FR 66726): David E. Campbell (NY) James G. Cothren (GA) Nenad Harnos (NJ) Matthew D. Hormann (MN) James W. Jones (AL) Duane R. Martin (PA) Roger S. Orr (IA) Richard D. Shryock (MO) Steven D. Sodders (OH) Keith R. Tyler (NC) The drivers were included in docket number FMCSA-2016-0014. Their exemptions are applicable as of August 12, 2018, and will expire on August 12, 2020. As of August 18, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 22 individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (71 FR 14567; 71 FR 30228; 73 FR 28187; 73 FR 35195; 73 FR 35196; 73 FR 35197; 73 FR 35198; 73 FR 35199; 73 FR 35200; 73 FR 35201; 73 FR 38498; 73 FR 38499; 73 FR 48273; 73 FR 48275; 75 FR 25919; 75 FR 39729; 75 FR 44051; 77 FR 46153; 79 FR 46153; 81 FR 90050): Donald L. Carman (OH) Christopher R. Cone (GA) Walter O. Connelly (WA) Roger D. Elders (MI) Lucious J. Erwin (TX) Riche Ford (CO) Kevin K. Friedel (NY) Steven G. Harter (OR) Andrew C. Kelly (WV) Jason W. King (MT) Billy J. Lewis (LA) Robert W. McMillian (MA) Richard A. Peterson (OR) Carroll G. Quisenberry (KY) Ryan J. Reimann (WI) Brandon J. See (IA) Ricky L. Shepler (PA) John L. Stone (PA) Nils S. Thornberg (OR) Daniel W. Toppings (WV) Christopher R. Whitson (NC) Aaron E. Wright (MI) The drivers were included in docket numbers FMCSA-2006-24015; FMCSA-2008-0106; FMCSA-2008-0174; FMCSA-2010-0082. Their exemptions are applicable as of August 18, 2018, and will expire on August 18, 2020. As of August 19, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following two individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (79 FR 41737; 79 FR 56102; 81 FR 90050): Leamon V. Manchester (LA); Leverne F. Schulte, Jr. (OH) The drivers were included in docket number FMCSA-2014-0008. Their exemptions are applicable as of August 19, 2018, and will expire on August 19, 2020. As of August 27, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, Gregory S. Smith (AR) has satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (77 FR 38381; 77 FR 51846; 79 FR 41740; 81 FR 90050). The driver was included in docket number FMCSA-2012-0160. The exemption is applicable as of August 27, 2018, and will expire on August 27, 2020. As of August 29, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, Rickey W. Goins (TN) has satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (77 FR 41879; 77 FR 52391; 79 FR 41735; 81 FR 90050). The driver was included in docket number FMCSA-2012-0161. The exemption is applicable as of August 29, 2018, and will expire on August 29, 2020. [[Page 58681]] In accordance with 49 U.S.C. 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 and 31315. Issued on: November 9, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-25282 Filed 11-19-18; 8:45 am] BILLING CODE 4910-EX-P
![58678 Federal Register / Vol. 83, No. 224 / Tuesday, November 20, 2018 / Notices
dates stated in the discussions below or greater than, the level that would be seizure disorders prohibition in the
and will expire on the dates stated in achieved by complying with the current FMCSRs for interstate CMV drivers (83
the discussions below. regulation 49 CFR 391.41(b)(8). FR 45734):
FOR FURTHER INFORMATION CONTACT: Ms. The physical qualification standard Heath A. Crowe (LA)
Christine A. Hydock, Chief, Medical for drivers regarding epilepsy found in Peter Della-Rocco, Jr. (PA)
Programs Division, (202) 366–4001, 49 CFR 391.41(b)(8) states that a person Domenick R. Panfile (NJ)
fmcsamedical@dot.gov, FMCSA, is physically qualified to drive a CMV Milton N. Tatham (NV)
Department of Transportation, 1200 if that person has no established Thomas H. Tincher (NC)
New Jersey Avenue SE, Room W64–224, medical history or clinical diagnosis of Duane A. Troff (MN)
Washington, DC 20590–0001. Office epilepsy or any other condition which These drivers were included in docket
hours are from 8:30 a.m. to 5 p.m., ET, is likely to cause the loss of number FMCSA–2013–0444. Their
Monday through Friday, except Federal consciousness or any loss of ability to exemptions are applicable as of June 24,
holidays. If you have questions control a CMV. 2018, and will expire on June 24, 2020.
regarding viewing or submitting In addition to the regulations, FMCSA In accordance with 49 U.S.C. 31315,
material to the docket, contact Docket has published advisory criteria to assist each exemption will be valid for two
Services, telephone (202) 366–9826. Medical Examiners in determining years from the effective date unless
SUPPLEMENTARY INFORMATION: whether drivers with certain medical revoked earlier by FMCSA. The
conditions are qualified to operate a exemption will be revoked if the
I. Public Participation CMV in interstate commerce (49 CFR following occurs: (1) The person fails to
A. Viewing Documents and Comments part 391, APPENDIX A TO PART 391— comply with the terms and conditions
MEDICAL ADVISORY CRITERIA, of the exemption; (2) the exemption has
To view comments, as well as any section H. Epilepsy: § 391.41(b)(8), resulted in a lower level of safety than
documents mentioned in this notice as paragraphs 3, 4, and 5). was maintained prior to being granted;
being available in the docket, go to or (3) continuation of the exemption
http://www.regulations.gov. Insert the III. Discussion of Comments
would not be consistent with the goals
docket numbers, FMCSA–2013–0109; FMCSA received no comments in this and objectives of 49 U.S.C. 31136 and
FMCSA–2013–0444; FMCSA–2015– preceding. 31315.
0322, in the keyword box, and click
‘‘Search.’’ Next, click the ‘‘Open Docket IV. Conclusion Issued on: November 9, 2018.
Folder’’ button and choose the Based on its evaluation of the 16 Larry W. Minor,
document to review. If you do not have renewal exemption applications, Associate Administrator for Policy.
access to the internet, you may view the FMCSA announces its decision to [FR Doc. 2018–25279 Filed 11–19–18; 8:45 am]
docket online by visiting the Docket exempt the following drivers from the BILLING CODE 4910–EX–P
Management Facility in Room W12–140 epilepsy and seizure disorders
on the ground floor of the DOT West prohibition in 49 CFR 391.41(b)(8).
Building, 1200 New Jersey Avenue SE, In accordance with 49 U.S.C. 31136(e) DEPARTMENT OF TRANSPORTATION
Washington, DC 20590, between 9 a.m. and 31315, the following groups of
and 5 p.m., ET, Monday through Friday, drivers received renewed exemptions in Federal Motor Carrier Safety
except Federal holidays. the month of June and are discussed Administration
B. Privacy Act below. [Docket No. FMCSA–1999–6156; FMCSA–
As of June 9, 2018 and in accordance 1999–6480; FMCSA–2002–11714; FMCSA–
In accordance with 5 U.S.C. 553(c), with 49 U.S.C. 31136(e) and 31315, the 2005–23099; FMCSA–2006–24015; FMCSA–
DOT solicits comments from the public following ten individuals have satisfied 2006–24783; FMCSA–2007–27515; FMCSA–
to better inform its rulemaking process. the renewal conditions for obtaining an 2008–0021; FMCSA–2008–0106; FMCSA–
DOT posts these comments, without 2008–0174; FMCSA–2009–0206; FMCSA–
exemption from the epilepsy and 2009–0291; FMCSA–2009–0303; FMCSA–
edit, including any personal information seizure disorders prohibition in the
the commenter provides, to 2009–0321; FMCSA–2010–0050; FMCSA–
FMCSRs for interstate CMV drivers (83 2010–0082; FMCSA–2010–0114; FMCSA–
www.regulations.gov, as described in FR 45734): 2011–0299; FMCSA–2011–0324; FMCSA–
the system of records notice (DOT/ALL– 2011–0379; FMCSA–2012–0039; FMCSA–
14 FDMS), which can be reviewed at Henry Counts, Jr. (MD)
David P. Crowe (VA) 2012–0104; FMCSA–2012–0106; FMCSA–
www.dot.gov/privacy. 2012–0159; FMCSA–2012–0160; FMCSA–
Michael D. Davis (ME)
2012–0161; FMCSA–2013–0174; FMCSA–
II. Background Dennis R. Gilles (IN) 2014–0002; FMCSA–2014–0003; FMCSA–
On September 10, 2018, FMCSA Larry G. Hediger (IL) 2014–0005; FMCSA–2014–0006; FMCSA–
published a notice announcing its Eric J. McVetty (NH) 2014–0007; FMCSA–2014–0008; FMCSA–
decision to renew exemptions for 16 Donald J. Richmond (SC) 2016–0024; FMCSA–2016–0027; FMCSA–
individuals from the epilepsy and Kevin L. Sprinkle (NC) 2016–0028; FMCSA–2016–0030]
seizure disorders prohibition in 49 CFR Patrick J. Trimbo (MN)
Alan K. Washabaugh (PA) Qualification of Drivers; Exemption
391.41(b)(8) to operate a CMV in
These drivers were included in docket Applications; Vision
interstate commerce and requested
comments from the public (83 FR numbers FMCSA–2013–0109 and AGENCY: Federal Motor Carrier Safety
45734). The public comment period FMCSA–2015–0322. Their exemptions Administration (FMCSA), DOT.
ended on October 10, 2018, and no are applicable as of June 9, 2018, and ACTION: Notice of final disposition.
comments were received. will expire on June 9, 2020.
As stated in the previous notice, As of June 24, 2018 and in accordance SUMMARY: FMCSA announces its
FMCSA has evaluated the eligibility of with 49 U.S.C. 31136(e) and 31315, the decision to renew exemptions for 100
these applicants and determined that following six individuals have satisfied individuals from the vision requirement
renewing these exemptions would the renewal conditions for obtaining an in the Federal Motor Carrier Safety
achieve a level of safety equivalent to, exemption from the epilepsy and Regulations (FMCSRs) for interstate
VerDate Sep<11>2014 20:31 Nov 19, 2018 Jkt 247001 PO 00000 Frm 00155 Fmt 4703 Sfmt 4703 E:\FR\FM\20NON1.SGM 20NON1](https://thefederalregister.org/doc/83_FR_58902/page/1.svg)
![Federal Register / Vol. 83, No. 224 / Tuesday, November 20, 2018 / Notices 58681
In accordance with 49 U.S.C. 31315, http://www.regulations.gov. Insert the is likely to achieve an equivalent or
each exemption will be valid for two docket number, FMCSA–2018–0204, in greater level of safety than would be
years from the effective date unless the keyword box, and click ‘‘Search.’’ achieved without the exemption. The
revoked earlier by FMCSA. The Next, click the ‘‘Open Docket Folder’’ exemption allows the applicants to
exemption will be revoked if the button and choose the document to operate CMVs in interstate commerce.
following occurs: (1) The person fails to review. If you do not have access to the FMCSA grants exemptions from the
comply with the terms and conditions internet, you may view the docket FMCSRs for a two-year period to align
of the exemption; (2) the exemption has online by visiting the Docket with the maximum duration of a
resulted in a lower level of safety than Management Facility in Room W12–140 driver’s medical certification.
was maintained prior to being granted; on the ground floor of the DOT West The Agency’s decision regarding these
or (3) continuation of the exemption Building, 1200 New Jersey Avenue SE, exemption applications is based on the
would not be consistent with the goals Washington, DC 20590, between 9 a.m. program eligibility criteria and an
and objectives of 49 U.S.C. 31136 and and 5 p.m., ET, Monday through Friday, individualized assessment of
31315. except Federal holidays. information submitted by each
applicant. The qualifications,
Issued on: November 9, 2018. B. Privacy Act experience, and medical condition of
Larry W. Minor, each applicant were stated and
In accordance with 5 U.S.C. 553(c),
Associate Administrator for Policy. DOT solicits comments from the public discussed in detail in the September 10,
[FR Doc. 2018–25282 Filed 11–19–18; 8:45 am] to better inform its rulemaking process. 2018, Federal Register notice (83 FR
BILLING CODE 4910–EX–P DOT posts these comments, without 45728) and will not be repeated in this
edit, including any personal information notice.
the commenter provides, to These 38 applicants have had ITDM
DEPARTMENT OF TRANSPORTATION www.regulations.gov, as described in over a range of 1 to 49 years. These
the system of records notice (DOT/ALL– applicants report no severe
Federal Motor Carrier Safety hypoglycemic reactions resulting in loss
14 FDMS), which can be reviewed at
Administration of consciousness or seizure, requiring
www.dot.gov/privacy.
[FMCSA Docket No. FMCSA–2018–0204] the assistance of another person, or
II. Background resulting in impaired cognitive function
Qualification of Drivers; Exemption On September 10, 2018, FMCSA that occurred without warning
Applications; Diabetes Mellitus published a notice announcing receipt symptoms, in the past 12 months and no
of applications from 38 individuals recurrent (two or more) severe
AGENCY: Federal Motor Carrier Safety requesting an exemption from diabetes hypoglycemic episodes in the past five
Administration (FMCSA), DOT. requirement in 49 CFR 391.41(b)(3) and years. In each case, an endocrinologist
ACTION: Notice of final disposition. requested comments from the public (83 verified that the driver has
FR 45728). The public comment period demonstrated a willingness to properly
SUMMARY: FMCSA announces its monitor and manage his/her diabetes
ended on October 10, 2018, and one
decision to exempt 38 individuals from mellitus, received education related to
comment was received.
the prohibition in the Federal Motor FMCSA has evaluated the eligibility diabetes management, and is on a stable
Carrier Safety Regulations (FMCSRs) of these applicants and determined that insulin regimen. These drivers report no
against persons with insulin-treated granting the exemptions to these other disqualifying conditions,
diabetes mellitus (ITDM) from operating individuals would achieve a level of including diabetes related
a commercial motor vehicle (CMV) in safety equivalent to or greater than the complications. Each meets the vision
interstate commerce. The exemptions level that would be achieved by requirement at 49 CFR 391.41(b)(10).
enable these individuals with ITDM to complying with the current regulation Consequently, FMCSA finds that in
operate CMVs in interstate commerce. 49 CFR 391.41(b)(3). each case exempting these applicants
DATES: The exemptions were applicable The physical qualification standard from the diabetes requirement in 49 CFR
on October 11, 2018. The exemptions for drivers regarding diabetes found in 391.41(b)(3) is likely to achieve a level
expire on October 11, 2020. 49 CFR 391.41(b)(3) states that a person of safety equal to that existing without
FOR FURTHER INFORMATION CONTACT: Ms. is physically qualified to drive a CMV the exemption.
Christine A. Hydock, Chief, Medical if that person has no established V. Conditions and Requirements
Programs Division, (202) 366–4001, medical history or clinical diagnosis of
fmcsamedical@dot.gov, FMCSA, diabetes mellitus currently requiring The terms and conditions of the
Department of Transportation, 1200 insulin for control. exemption are provided to the
New Jersey Avenue SE, Room W64–224, applicants in the exemption document
III. Discussion of Comments and includes the following: (1) Each
Washington, DC 20590–0001. Office
hours are from 8:30 a.m. to 5 p.m., ET, FMCSA received one comment in this driver must submit a quarterly
Monday through Friday, except Federal proceeding. Vicky Johnson submitted a monitoring checklist completed by the
holidays. If you have questions comment regarding Jerome E. Haskin treating endocrinologist as well as an
regarding viewing or submitting and Clarence S. Waldner indicating that annual checklist with a comprehensive
material to the docket, contact Docket the Minnesota Department of Public medical evaluation; (2) each driver must
Services, telephone (202) 366–9826. Safety (MN DPS) has no objections to report within two business days of
these drivers being granted a Federal occurrence, all episodes of severe
SUPPLEMENTARY INFORMATION:
diabetes exemption. hypoglycemia, significant
I. Public Participation complications, or inability to manage
IV. Basis for Exemption Determination diabetes; also, any involvement in an
A. Viewing Documents and Comments Under 49 U.S.C. 31136(e) and 31315, accident or any other adverse event in
To view comments, as well as any FMCSA may grant an exemption for up a CMV or personal vehicle, whether or
documents mentioned in this notice as to five years from the diabetes standard not it is related to an episode of
being available in the docket, go to in 49 CFR 391.41(b)(3) if the exemption hypoglycemia; (3) each driver must
VerDate Sep<11>2014 20:31 Nov 19, 2018 Jkt 247001 PO 00000 Frm 00158 Fmt 4703 Sfmt 4703 E:\FR\FM\20NON1.SGM 20NON1](https://thefederalregister.org/doc/83_FR_58902/page/4.svg)
Document Created: 2018-11-20 07:58:56
Document Modified: 2018-11-20 07:58:56
| 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 | Each group of renewed exemptions were applicable on the dates stated in the discussions below and will expire on the dates stated in the discussions below. | |
| 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 58678 |
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