83 FR 58681 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus
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 | 58681-58682 | |
| FR Document | 2018-25283 |
[Federal Register Volume 83, Number 224 (Tuesday, November 20, 2018)] [Notices] [Pages 58681-58682] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-25283] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA-2018-0204] Qualification of Drivers; Exemption Applications; Diabetes Mellitus AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. ----------------------------------------------------------------------- SUMMARY: FMCSA announces its decision to exempt 38 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 October 11, 2018. The exemptions expire on October 11, 2020. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, fmcsamedical@dot.gov, 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-2018-0204, 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 September 10, 2018, FMCSA published a notice announcing receipt of applications from 38 individuals requesting an exemption from diabetes requirement in 49 CFR 391.41(b)(3) and requested comments from the public (83 FR 45728). The public comment period ended on October 10, 2018, and one comment was 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 one comment in this proceeding. Vicky Johnson submitted a comment regarding Jerome E. Haskin and Clarence S. Waldner indicating that the Minnesota Department of Public Safety (MN DPS) has no objections to these drivers being granted a Federal diabetes exemption. 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 September 10, 2018, Federal Register notice (83 FR 45728) and will not be repeated in this notice. These 38 applicants have had ITDM over a range of 1 to 49 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 [[Page 58682]] 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 38 exemption applications, FMCSA exempts the following drivers from the diabetes requirement in 49 CFR 391.41(b)(10), subject to the requirements cited above: Marc A. Angle (MI) David J. Archie (MS) Kevin C. Atkins (TN) Paul R. Bales (MO) Francis M. Bautista, Jr. (NM) Leonard M. Block (MI) Christian A. Bowles (OH) Lee R. Bryant (KS) Michael A. Cameron (SD) Wisner Charles (FL) James C. Cherry, Jr. (PA) Kevin M. Crow (WV) Cynthia L. Dixon-Pyke (WI) James E. Dodge, Jr. (PA) Richard T. Ewell (IL) F.D. N. Garbo, Sr. (MD) Vincent P. Gaudino (PA) Jerome E. Haskin (MN) Thomas P. Kelly, Jr. (NY) Jerrold P. Kerber (AZ) Aaron D. Lee (TN) Ryan T. Lindner (CA) Keith A. MacAdams (MA) Jeremy R. Main (KS) Robert D. Manley (IN) Daniel P. McCartney (IL) Rose M. McKay (NY) Keith C. Newburn (OR) Colby A. Nutter (VA) Donald S. Pederson (MT) David Perez (ND) Timothy C. Perry (KY) Scott K. Powell (IL) Layne C. Sanderson (ID) Emily M. Thibodeau (MA) Federico F. Vigil (TX) Clarence S. Waldner (MN) Logan T. Wiersema (VA) 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: November 9, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-25283 Filed 11-19-18; 8:45 am] BILLING CODE 4910-EX-P
![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
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![58682 Federal Register / Vol. 83, No. 224 / Tuesday, November 20, 2018 / Notices
provide a copy of the ophthalmologist’s for two years from the effective date being available in the docket, go to
or optometrist’s report to the Medical unless revoked earlier by FMCSA. The http://www.regulations.gov. Insert the
Examiner at the time of the annual exemption will be revoked if the docket number, FMCSA–2018–0242, in
medical examination; and (4) each following occurs: (1) The person fails to the keyword box, and click ‘‘Search.’’
driver must provide a copy of the comply with the terms and conditions Next, click the ‘‘Open Docket Folder’’
annual medical certification to the of the exemption; (2) the exemption has button and choose the document to
employer for retention in the driver’s resulted in a lower level of safety than review. If you do not have access to the
qualification file, or keeping a copy in was maintained prior to being granted; internet, you may view the docket
his/her driver’s qualification file if he/ or (3) continuation of the exemption online by visiting the Docket
she is self-employed. The driver must would not be consistent with the goals Management Facility in Room W12–140
also have a copy of the exemption when and objectives of 49 U.S.C. 31136(e) and on the ground floor of the DOT West
driving, for presentation to a duly 31315. Building, 1200 New Jersey Avenue SE,
authorized Federal, State, or local Issued on: November 9, 2018. Washington, DC 20590, between 9 a.m.
enforcement official. and 5 p.m., ET, Monday through Friday,
Larry W. Minor,
except Federal holidays.
VI. Preemption Associate Administrator for Policy.
[FR Doc. 2018–25283 Filed 11–19–18; 8:45 am] B. Privacy Act
During the period the exemption is in
effect, no State shall enforce any law or BILLING CODE 4910–EX–P In accordance with 5 U.S.C. 553(c),
regulation that conflicts with this DOT solicits comments from the public
exemption with respect to a person to better inform its rulemaking process.
DEPARTMENT OF TRANSPORTATION DOT posts these comments, without
operating under the exemption.
edit, including any personal information
VII. Conclusion Federal Motor Carrier Safety the commenter provides, to
Administration www.regulations.gov, as described in
Based upon its evaluation of the 38
exemption applications, FMCSA [Docket No. FMCSA–2018–0242] the system of records notice (DOT/ALL–
exempts the following drivers from the 14 FDMS), which can be reviewed at
diabetes requirement in 49 CFR Qualification of Drivers; Exemption www.dot.gov/privacy.
391.41(b)(10), subject to the Applications; Implantable Cardioverter
Defibrillator (ICD) II. Background
requirements cited above:
On August 15, 2018, FMCSA
Marc A. Angle (MI) AGENCY: Federal Motor Carrier Safety published a Federal Register notice (83
David J. Archie (MS) Administration (FMCSA), DOT. FR 40649) announcing receipt of
Kevin C. Atkins (TN) ACTION: Notice of denials. applications from four individuals
Paul R. Bales (MO)
Francis M. Bautista, Jr. (NM) SUMMARY: FMCSA announces its treated with ICDs and requested
Leonard M. Block (MI) decision to deny applications from four comments from the public. These four
Christian A. Bowles (OH) individuals treated with Implantable individuals requested an exemption
Lee R. Bryant (KS) Cardioverter Defibrillators (ICDs) who from 49 CFR 391.41(b)(4) which
Michael A. Cameron (SD) requested an exemption from the prohibits operation of a CMV in
Wisner Charles (FL) Federal Motor Carrier Safety interstate commerce by persons with a
James C. Cherry, Jr. (PA) Regulations (FMCSRs) prohibiting current clinical diagnosis of myocardial
Kevin M. Crow (WV) operation of a commercial motor vehicle infarction, angina pectoris, coronary
Cynthia L. Dixon-Pyke (WI) (CMV) in interstate commerce by insufficiency, thrombosis, or any other
James E. Dodge, Jr. (PA) persons with a current clinical diagnosis cardiovascular disease of a variety
Richard T. Ewell (IL) of myocardial infarction, angina known to be accompanied by syncope,
F.D. N. Garbo, Sr. (MD) pectoris, coronary insufficiency, dyspnea, collapse, or congestive heart
Vincent P. Gaudino (PA) thrombosis, or any other cardiovascular failure. The public comment period
Jerome E. Haskin (MN) disease of a variety known to be closed on September 14, 2018, and no
Thomas P. Kelly, Jr. (NY) accompanied by syncope, dyspnea, comments were received.
Jerrold P. Kerber (AZ) collapse, or congestive heart failure. FMCSA has evaluated the eligibility
Aaron D. Lee (TN) of these applicants and concluded that
FOR FURTHER INFORMATION CONTACT: Ms.
Ryan T. Lindner (CA) granting these exemptions would not
Christine A. Hydock, Chief, Medical
Keith A. MacAdams (MA) provide a level of safety that would be
Programs Division, (202) 366–4001,
Jeremy R. Main (KS) equivalent to or greater than, the level
fmcsamedical@dot.gov, FMCSA,
Robert D. Manley (IN) of safety that would be obtained by
Department of Transportation, 1200
Daniel P. McCartney (IL) complying with the regulation 49 CFR
Rose M. McKay (NY) New Jersey Avenue SE, Room W64–224,
391.41(b)(4). A summary of each
Keith C. Newburn (OR) Washington, DC 20590–0001. Office
applicant’s medical history related to
Colby A. Nutter (VA) hours are from 8:30 a.m. to 5 p.m., ET,
their ICD exemption request was
Donald S. Pederson (MT) Monday through Friday, except Federal
discussed in the August 15, 2018,
David Perez (ND) holidays. If you have questions
Federal Register notice and will not be
Timothy C. Perry (KY) regarding viewing or submitting
repeated in this notice.
Scott K. Powell (IL) material to the docket, contact Docket In reaching the decision to deny these
Layne C. Sanderson (ID) Services, telephone (202) 366–9826. exemption requests, the Agency
Emily M. Thibodeau (MA) SUPPLEMENTARY INFORMATION: considered information from the
Federico F. Vigil (TX) I. Public Participation Cardiovascular Medical Advisory
Clarence S. Waldner (MN) Criteria, the April 2007 Evidence Report
Logan T. Wiersema (VA) A. Viewing Documents and Comments ‘‘Cardiovascular Disease and
In accordance with 49 U.S.C. 31136(e) To view comments, as well as any Commercial Motor Vehicle Driver
and 31315, each exemption will be valid documents mentioned in this notice as Safety, a December 2014 focused
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Document Created: 2018-11-20 07:58:59
Document Modified: 2018-11-20 07:58:59
| 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 October 11, 2018. The exemptions expire on October 11, 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 58681 |
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