83 FR 60957 - Qualification of Drivers; Exemption Applications; Diabetes Mellitus
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 228 (November 27, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 228 (November 27, 2018)
| Page Range | 60957-60959 | |
| FR Document | 2018-25844 |
[Federal Register Volume 83, Number 228 (Tuesday, November 27, 2018)] [Notices] [Pages 60957-60959] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-25844] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA-2018-0203] 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 46 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, [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-2018-0203, 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. [[Page 60958]] 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 46 individuals requesting an exemption from diabetes requirement in 49 CFR 391.41(b)(3) and requested comments from the public (83 FR 45736). 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. Ms. Johnson stated Minnesota Department of Public Safety is in support of granting the Federal Diabetes exemption to Anthony D. Anderson, Jason R. Miller, and James B. Stevens. In reference to Chad M. Kunkel, Ms. Johnson noted no objection if FMCSA has no issue with the August 2016 crash information on this driver's record. She also noted that FMCSA had previously rescinded this exemption in January 2018. FMCSA requests a Motor Vehicle Record during the diabetes application process and reviews all previous exemption actions to ensure that the necessary equivalent level of safety is achieved to be granted the Federal diabetes exemption. In doing so, FMCSA did not find information that indicates that Mr. Chad M. Kunkel should not be granted this 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 45736) and will not be repeated in this notice. These 46 applicants have had ITDM over a range of 1 to 36 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 46 exemption applications, FMCSA exempts the following drivers from the diabetes requirement in 49 CFR 391.41(b)(10), subject to the requirements cited above: Anthony D. Anderson (MN) Larry S. Arringdale (IN) Brad M.O. Bennett (OR) Ronald S. Blackwell (ID) Christine Byrd (IA) Garrett T. Cameron (OH) Alfredo Casillas (TX) Guerschom K. Chiwengo (VA) David A. Coltrain (IA) James D. Cosgrove (MA) Jerome Davis, Sr. (AZ) Donald R. DeKruger (CO) Joseph M. Dema (IL) Lynx D. Gardner (NE) Timothy M. Getchius (NY) Jeffrey M. Halida (WI) Corey A. Harell (IL) Donald B. Harwell (SC) John T. Ingin (NY) James M. Kay (IN) Marcus E.M. Killman (KS) Mark R. Kuhn (PA) Chad M. Kunkel (MN) Lawrence J. Lucero (WA) Curtis M. Lyons (IN) Antonia Madrid (NM) Nankishore Mangal (CT) Fernando Martins (NH) Vincent Matthews (SC) Lawrence C. Maughan (UT) Peter M. Meserve (NH) Jason R. Miller (MN) Philips Ng (MA) Don C. Oden (KS) Charles T. Pappas (WA) Stacy S. Patterson (VA) Nathaniel P. Probasco (PA) Mark K. Pugh (PA) Anthony Rivera (NJ) Eddie A. Sellars (NC) James B. Stevens (MN) [[Page 60959]] Edwinn D. Strong (IL) Terelle E. Thomas (VA) Harvey S. Vaea (CA) Gene A. Vieira (FL) Ronald Walker, Sr. (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: November 20, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-25844 Filed 11-26-18; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Notices 60957
combinations for eight years, Gale L. O’Neil Issued on: November 21, 2018.
accumulating 1.32 million miles. He Mr. O’Neil, 60, has had amblyopia in Larry W. Minor,
holds a Class AM CDL from Georgia. His his right eye since childhood. The Associate Administrator for Policy.
driving record for the last three years visual acuity in his right eye is 20/100, [FR Doc. 2018–25850 Filed 11–26–18; 8:45 am]
shows no crashes and no convictions for and in his left eye, 20/25. Following an BILLING CODE 4910–EX–P
moving violations in a CMV. examination in 2018, his optometrist
stated, ‘‘He has sufficient vision to
Shelby M. Kuehler DEPARTMENT OF TRANSPORTATION
operate a commercial vehicle.’’ Mr.
Mr. Kuehler, 39, has had aphakia in O’Neil reported that he has driven
straight trucks for 44 years, Federal Motor Carrier Safety
his left eye since childhood. The visual
accumulating 660,000 miles. He holds Administration
acuity in his right eye is light
perception, and in his left eye, 20/20. an operator’s license from Pennsylvania.
His driving record for the last three [FMCSA Docket No. FMCSA–2018–0203]
Following an examination in 2018, his
optometrist stated, ‘‘In my medical years shows no crashes and no
Qualification of Drivers; Exemption
convictions for moving violations in a
opinion Shelby has sufficient vision to Applications; Diabetes Mellitus
CMV.
perform driving tasks required to
operate a commercial vehicle and, in Michael L. Sheldon AGENCY: Federal Motor Carrier Safety
fact, he has been operating commercial Administration (FMCSA), DOT
Mr. Sheldon, 53, has a cataract in his
vehicles for the past fifteen years.’’ Mr. ACTION: Notice of final disposition.
right eye due to a traumatic incident in
Kuehler reported that he has driven 2005. The visual acuity in his right eye SUMMARY: FMCSA announces its
straight trucks for 13 years, is 20/300, and in his left eye, 20/20. decision to exempt 46 individuals from
accumulating 455,000 miles, and Following an examination in 2018, his the prohibition in the Federal Motor
tractor-trailer combinations for 13 years, optometrist stated, ‘‘In my opinion Carrier Safety Regulations (FMCSRs)
accumulating 455,000 miles. He holds Michael has sufficient vision to drive a against persons with insulin-treated
an operator’s license from Kansas. His commercial vehicle.’’ Mr. Sheldon diabetes mellitus (ITDM) from operating
driving record for the last three years reported that he has driven straight a commercial motor vehicle (CMV) in
shows no crashes and no convictions for trucks for 22 years, accumulating interstate commerce. The exemptions
moving violations in a CMV. 220,000 miles, and tractor-trailer enable these individuals with ITDM to
combinations for 37 years, accumulating operate CMVs in interstate commerce.
Kendall S. Lane 1.48 million miles. He holds an
DATES: The exemptions were applicable
Mr. Lane, 25, has a corneal scar in his operator’s license from Nebraska. His
driving record for the last three years on October 11, 2018. The exemptions
left eye due to a traumatic incident in expire on October 11, 2020.
shows no crashes and no convictions for
2014. The visual acuity in his right eye FOR FURTHER INFORMATION CONTACT: Ms.
moving violations in a CMV.
is 20/20, and in his left eye, no light Christine A. Hydock, Chief, Medical
perception. Following an examination Pedro T. Tellez Alvarez Programs Division, (202) 366–4001,
in 2018, his optometrist stated, ‘‘The Mr. Tellez Alvarez, 26, has a fmcsamedical@dot.gov, FMCSA,
fact that he has been doing his job chorioretinal scar in his right eye due to Department of Transportation, 1200
operating a commercial vehicle with his an infection in childhood. The visual New Jersey Avenue SE, Room W64–224,
currently stable condition is proof he acuity in his right eye is 20/125, and in Washington, DC 20590–0001. Office
has sufficient vision to perform his work his left eye, 20/25. Following an hours are from 8:30 a.m. to 5 p.m., ET,
duties as required.’’ Mr. Lane reported examination in 2018, his optometrist Monday through Friday, except Federal
that he has driven straight trucks for 30 stated, ‘‘However, due to the childhood holidays. If you have questions
years, accumulating 300,000 miles. He nature of this visual reduction Mr. regarding viewing or submitting
holds a Class A CDL from Oklahoma. Tellez Alvarez should have no material to the docket, contact Docket
His driving record for the last three difficulties operating a commercial Services, telephone (202) 366–9826.
years shows no crashes and no vehicle due to the fact that recent onset SUPPLEMENTARY INFORMATION:
convictions for moving violations in a visual losses impede drivers
CMV. significantly more than longstanding I. Public Participation
vision losses.’’ Mr. Tellez Alvarez A. Viewing Documents and Comments
Leonard Morris reported that he has driven tractor-
trailer combinations for three years, To view comments, as well as any
Mr. Morris, 63, has had a documents mentioned in this notice as
accumulating 255,000 miles. He holds a
chorioretinal scar in his left eye since being available in the docket, go to
Class A CDL from California. His
2013. The visual acuity in his right eye http://www.regulations.gov. Insert the
driving record for the last three years
is 20/20, and in his left eye, hand docket number, FMCSA–2018–0203, in
shows no crashes and no convictions for
motion. Following an examination in moving violations in a CMV. the keyword box, and click ‘‘Search.’’
2018, his optometrist stated, ‘‘In my Next, click the ‘‘Open Docket Folder’’
opinion he has sufficient vision to IV. Request for Comments button and choose the document to
operate a commercial vehicle.’’ Mr. In accordance with 49 U.S.C. 31136(e) review. If you do not have access to the
Morris reported that he has driven and 31315, FMCSA requests public internet, you may view the docket
amozie on DSK3GDR082PROD with NOTICES1
tractor-trailer combinations for 43 years, comment from all interested persons on online by visiting the Docket
accumulating 2.15 million miles. He the exemption petitions described in Management Facility in Room W12–140
holds a Class A CDL from New Jersey. this notice. We will consider all on the ground floor of the DOT West
His driving record for the last three comments and material received before Building, 1200 New Jersey Avenue SE,
years shows no crashes and no the close of business on the closing date Washington, DC 20590, between 9 a.m.
convictions for moving violations in a indicated in the dates section of the and 5 p.m., ET, Monday through Friday,
CMV. notice. except Federal holidays.
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![Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Notices 60959
Edwinn D. Strong (IL) primis.phmsa.dot.gov/meetings/ 2016- 0128.’’ The docket clerk will date
Terelle E. Thomas (VA) MtgHome.mtg?mtg=141. stamp the postcard prior to returning it
Harvey S. Vaea (CA) The meeting will not be webcast; to you via the U.S. mail.
Gene A. Vieira (FL) however, presentations will be available
on the meeting website and posted on Privacy Act Statement
Ronald Walker, Sr. (IL)
In accordance with 49 U.S.C. 31136(e) the E-Gov website, https:// DOT may solicit comments from the
and 31315, each exemption will be valid www.regulations.gov, under docket public regarding certain general notices.
for two years from the effective date number PHMSA–2016–0128 within 30 DOT posts these comments, without
unless revoked earlier by FMCSA. The days following the meeting. edit, including any personal information
exemption will be revoked if the Public Participation: This meeting the commenter provides, to https://
following occurs: (1) The person fails to will be open to the public. Members of www.regulations.gov, as described in
comply with the terms and conditions the public who attend in person will the system of records notice (DOT/ALL–
of the exemption; (2) the exemption has also be provided an opportunity to make 14 FDMS), which can be reviewed at
resulted in a lower level of safety than a statement during the meeting. https://www.dot.gov/privacy.
was maintained prior to being granted; Written Comments: Persons who wish
to submit written comments on the Services for Individuals With
or (3) continuation of the exemption Disabilities
would not be consistent with the goals meeting may submit them to the docket
and objectives of 49 U.S.C. 31136(e) and in the following ways: The public meeting will be physically
E-Gov Website: https:// accessible to people with disabilities.
31315.
www.regulations.gov. This site allows Individuals requiring accommodations,
Issued on: November 20, 2018. the public to enter comments on any such as sign language interpretation or
Larry W. Minor, Federal Register notice issued by any other ancillary aids, are asked to notify
Associate Administrator for Policy. agency. Dr. Christie Murray at christie.murray@
[FR Doc. 2018–25844 Filed 11–26–18; 8:45 am] Fax: 1–202–493–2251. dot.gov.
Mail: Docket Management Facility;
BILLING CODE 4910–EX–P FOR FURTHER INFORMATION CONTACT: For
U.S. Department of Transportation
information about the meeting, contact
(DOT), 1200 New Jersey Avenue SE,
Dr. Christie Murray by phone at 202–
DEPARTMENT OF TRANSPORTATION West Building, Room W12–140,
366–4996 or by email at
Washington, DC 20590–0001.
Pipeline and Hazardous Materials Hand Delivery: Room W12–140 on the christie.murray@dot.gov.
Safety Administration ground level of the DOT West Building, SUPPLEMENTARY INFORMATION:
1200 New Jersey Avenue SE, I. Background
[Docket No. PHMSA–2016–0128] Washington, DC, between 9:00 a.m. and
5:00 p.m., Monday through Friday, The VIS Working Group is an
Pipeline Safety: Meeting of the except on Federal holidays. advisory committee established in
Voluntary Information-Sharing System Instructions: Identify the docket accordance with Section 10 of the
Working Group number PHMSA–2016–0128 at the Protecting our Infrastructure of
beginning of your comments. Note that Pipelines and Enhancing Safety Act of
AGENCY: Pipeline and Hazardous 2016 (Pub. L. 114–183), the Federal
all comments received will be posted
Materials Safety Administration Advisory Committee Act of 1972 (5
without change to https://
(PHMSA), DOT. U.S.C., App. 2, as amended), and 41
www.regulations.gov, including any
ACTION: Notice. personal information provided. CFR 102–3.50(a).
Anyone can search the electronic II. Meeting Details and Agenda
SUMMARY: This notice announces a
form of all comments received into any
public meeting of the Voluntary The VIS Working Group agenda will
of our dockets by the name of the
Information-sharing System (VIS) include briefings on topics such as
individual submitting the comment (or
Working Group. The VIS Working mandate requirements, integrity
signing the comment, if submitted on
Group will convene to discuss proposed management, data types and tools, in-
behalf of an association, business, labor
recommendations to establish a line inspection and other direct
union, etc.). Therefore, consider
voluntary information-sharing system. assessment methods, geographic
reviewing DOT’s complete Privacy Act
DATES: The public meeting will be held Statement in the Federal Register information system implementation,
on December 18, 2018 from 9:00 a.m. to published on April 11, 2000, (65 FR subcommittee considerations, lessons
5:00 p.m. ET and December 19, 2018, 19477), or view the Privacy Notice at learned, examples of existing
from 8:30 a.m. to 5:00 p.m. ET. Members https://www.regulations.gov before information-sharing systems, safety
of the public who wish to attend in submitting comments. management systems, and more. As part
person should register no later than Docket: For docket access or to read of its work, the committee will
December 11, 2018. Individuals background documents or comments, go ultimately provide recommendations to
requiring accommodations, such as sign to https://www.regulations.gov at any the Secretary as required and
language interpretation or other time or to Room W12–140 on the specifically outlined in Section 10 of
ancillary aids, may notify PHMSA by ground level of the DOT West Building, Public Law 114–183, addressing:
December 11, 2018. For additional 1200 New Jersey Avenue SE, (a) The need for, and the
information, see the ADDRESSES section. Washington, DC, between 9:00 a.m. and identification of, a system to ensure that
amozie on DSK3GDR082PROD with NOTICES1
ADDRESSES: The meeting will be held at 5:00 p.m., Monday through Friday, dig verification data are shared with in-
the U.S. Department of Transportation, except Federal holidays. line inspection operators to the extent
1200 New Jersey Ave. SE, Washington, If you wish to receive confirmation of consistent with the need to maintain
DC 20590. The meeting agenda and receipt of your written comments, proprietary and security-sensitive data
additional information will be please include a self-addressed, in a confidential manner to improve
published on the following VIS Working stamped postcard with the following pipeline safety and inspection
Group registration page at: https:// statement: ‘‘Comments on PHMSA– technology;
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Document Created: 2018-11-27 01:25:43
Document Modified: 2018-11-27 01:25:43
| 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 60957 |
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