Qualification of Drivers; Exemption Applications; Diabetes Mellitus, 58684-58686 [2017-26867]
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58684
Federal Register / Vol. 82, No. 238 / Wednesday, December 13, 2017 / Notices
following Minnesota drivers: Mohannad
S. Alomran, Ryan M. Chesemore, Mark
D. Nelson, and Louis L. Sorenson.
sradovich on DSK3GMQ082PROD with NOTICES
IV. Basis for Exemption Determination
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption 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.
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 August 24,
2017, Federal Register notice (82 FR
40221) and will not be repeated in this
notice.
These 51 applicants have had ITDM
over a range of one to 47 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
VerDate Sep<11>2014
18:53 Dec 12, 2017
Jkt 244001
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 51
exemption applications, FMCSA
exempts the following drivers from the
diabetes requirement in 49 CFR
391.41(b)(10), subject to the
requirements cited above:
Mohannad S. Alomran (MN)
Richard B. Aungier (MT)
Samantha F. Austin (WY)
Peter A. Baines (VA)
Charles B. Blythe (NC)
Robert A. Brown (NC)
Joseph M. Cangialosi (NY)
Ryan M. Chesemore (MN)
Adam W. Clindaniel (IN)
Roy S. Decker (KY)
John P. Dice, Sr. (NE)
Gary Downer (NH)
Charles E. Ellis (KY)
Jesus M. Figueroa (IL)
Matthew F. Follis (IL)
Laura J. Gardocki (NH)
Timothy P. Gatzke (CT)
Heith A. Gibbs (MO)
Ralp E. Gibson (VA)
Robert J. Gough (SD)
Milton Green (NJ)
James R. Grosso (MI)
Trevor D. Hollingsworth (MA)
Dwight R. James (WA)
Gailen E. Jarrett (NE)
Terry L. King (OR)
Dennis V. Klima (KS)
Nelson F. Kuney (WA)
Robert J. Landers, Jr. (MA)
Donald A. Launsby (NH)
Jesse R. Leedom (DE)
Ronald Liggins (OH)
Theodore G. Lynn, III (FL)
James T. McBride (GA)
Charles L. McDaniel, Jr. (NH)
PO 00000
Frm 00097
Fmt 4703
Sfmt 4703
Mark D. Nelson (MN)
John B. Nodine (SC)
Joseph D. Pawlikowski, Jr. (CO)
Steven R. Post (WV)
Henry A. Reyenga (CA)
Jay B. Ruby (IL)
Donald J. Schinner, Jr. (IN)
Randy A. Shannon (MT)
Brian B. Singer (ID)
Louis L. Sorenson (MN)
Norman M. Tello (WA)
Dean T. VonHagen (IA)
Thomas Windley, Jr. (CA)
Joshua G. Wolfzahn (MA)
Christopher T. Worsley (MA)
Mark F. Yoder (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: December 6, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017–26871 Filed 12–12–17; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[FMCSA Docket No. FMCSA–2017–0043]
Qualification of Drivers; Exemption
Applications; Diabetes Mellitus
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
FMCSA announces its
decision to exempt 31 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 20, 2017. The exemptions
expire on October 20, 2019.
FOR FURTHER INFORMATION CONTACT: Ms.
Christine A. Hydock, Chief, Medical
Programs Division, (202) 366–4001,
fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200
SUMMARY:
E:\FR\FM\13DEN1.SGM
13DEN1
Federal Register / Vol. 82, No. 238 / Wednesday, December 13, 2017 / Notices
New Jersey Avenue SE, Room W64–224,
Washington, DC 20590–0001. Office
hours are from 8:30 a.m. to 5 p.m., e.t.,
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. Electronic Access
You may see all the comments online
through the Federal Document
Management System (FDMS) at: https://
www.regulations.gov.
Docket: For access to the docket to
read background documents or
comments, go to https://
www.regulations.gov and/or Room
W12–140 on the ground level of the
West Building, 1200 New Jersey Avenue
SE, Washington, DC, between 9 a.m. and
5 p.m., e.t., Monday through Friday,
except Federal holidays.
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 https://www.regulations.gov,
as described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at https://www.dot.gov/
privacy.
sradovich on DSK3GMQ082PROD with NOTICES
II. Background
On September 19, 2017, FMCSA
published a notice announcing receipt
of applications from 31 individuals
requesting an exemption from diabetes
requirement in 49 CFR 391.41(b)(3) and
requested comments from the public (82
FR 43810). The public comment period
ended on October 19, 2017, and no
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 no comments in this
proceeding.
VerDate Sep<11>2014
18:53 Dec 12, 2017
Jkt 244001
IV. Basis for Exemption Determination
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption 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.
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 19,
2017 Federal Register notice (82 FR
43810) and will not be repeated in this
notice.
These 31 applicants have had ITDM
over a range of 1 to 30 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
PO 00000
Frm 00098
Fmt 4703
Sfmt 4703
58685
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 31
exemption applications, FMCSA
exempts the following drivers from the
diabetes requirement in 49 CFR
391.41(b)(10), subject to the
requirements cited above:
Valerian J. Ahles (MN)
Gabriel P. Aranda (ID)
Herbert M. Boggs, Sr. (VA)
Samuel D. Chadwick (NY)
Michael J. Coopey (NJ)
David A. Dworak (WI)
Francis G. Gahr (PA)
Robert Giordano (NJ)
John W.E. Haddad (VA)
Anthony W. Hartley (ME)
Shay S. Hobbs (AL)
Jack T. Jaworski (NY)
Mark E. Jernstad (IL)
Kenneth F. Julius (MN)
Timothy D. Kinsey (SC)
Fred A. Klein (MT)
Kenneth C. Knighten (OR)
Thomas R. Ligman (PA)
Richard A. Miller (PA)
Thomas J. Miller, Jr. (NC)
Danny L. Nelson (MA)
James D. Northum (TX)
Everett M. Ortiz (OR)
Rodney D. Rexford (NH)
Michael K. Richardson (SC)
Daniel L. Richardson, Sr. (MD)
Eliezer Rivera-Nieves (CT)
Jacob D. Savage (TN)
Jamesha K. Thomas (SC)
Stephen M. Ward (MA)
Robert A. Young (TN)
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
E:\FR\FM\13DEN1.SGM
13DEN1
58686
Federal Register / Vol. 82, No. 238 / Wednesday, December 13, 2017 / Notices
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: December 6, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017–26867 Filed 12–12–17; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2017–0236]
Qualification of Drivers; Exemption
Applications; Diabetes Mellitus
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of applications for
exemption; request for comments.
AGENCY:
FMCSA announces receipt of
applications from 49 individuals for an
exemption from the prohibition in the
Federal Motor Carrier Safety
Regulations (FMCSRs) against persons
with insulin-treated diabetes mellitus
(ITDM) operating a commercial motor
vehicle (CMV) in interstate commerce. If
granted, the exemptions would enable
these individuals with ITDM to operate
CMVs in interstate commerce.
DATES: Comments must be received on
or before January 12, 2018.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA–
2017–0236 using any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
• Mail: Docket Management Facility;
U.S. Department of Transportation, 1200
New Jersey Avenue SE, West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery: West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE, Washington,
DC, between 9 a.m. and 5 p.m., E.T.,
Monday through Friday, except Federal
Holidays.
• Fax: 1–202–493–2251.
Instructions: Each submission must
include the Agency name and the
docket number(s) for this notice. Note
that all comments received will be
posted without change to https://
sradovich on DSK3GMQ082PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
18:53 Dec 12, 2017
Jkt 244001
www.regulations.gov, including any
personal information provided. Please
see the Privacy Act heading below for
further information.
Docket: For access to the docket to
read background documents or
comments, go to https://
www.regulations.gov at any time or
Room W12–140 on the ground level of
the West Building, 1200 New Jersey
Avenue SE, Washington, DC, between 9
a.m. and 5 p.m., E.T., Monday through
Friday, except Federal holidays. The
FDMS is available 24 hours each day
E.T., 365 days each year. If you want
acknowledgment that we received your
comments, please include a selfaddressed, stamped envelope or
postcard or print the acknowledgement
page that appears after submitting
comments online.
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 https://www.regulations.gov,
as described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at https://www.dot.gov/
privacy.
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 8:30 a.m. to 5 p.m., E.T.,
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:
FOR FURTHER INFORMATION CONTACT:
I. Background
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption from
the FMCSRs for a five-year period if it
finds ‘‘such exemption would likely
achieve a level of safety that is
equivalent to or greater than the level
that would be achieved absent such
exemption.’’ The statute also allows the
Agency to renew exemptions at the end
of the five-year period. FMCSA grants
exemptions from the FMCSRs for a twoyear period to align with the maximum
duration of a driver’s medical
certification.
The 49 individuals listed in this
notice have requested an exemption
from the diabetes prohibition in 49 CFR
391.41(b)(3). Accordingly, the Agency
will evaluate the qualifications of each
applicant to determine whether granting
PO 00000
Frm 00099
Fmt 4703
Sfmt 4703
the exemption will achieve the required
level of safety mandated by statute.
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. The Agency
established the current requirement for
diabetes in 1970 because several risk
studies indicated that drivers with
diabetes had a higher rate of crash
involvement than the general
population. The Agency established the
current requirement for diabetes in 1970
because several risk studies indicated
that drivers with diabetes had a higher
rate of crash involvement than the
general population.
FMCSA established its diabetes
exemption program, based on the
Agency’s July 2000 study entitled ‘‘A
Report to Congress on the Feasibility of
a Program to Qualify Individuals with
Insulin-Treated Diabetes Mellitus to
Operate in Interstate Commerce as
Directed by the Transportation Act for
the 21st Century.’’ The report concluded
that a safe and practicable protocol to
allow some drivers with ITDM to
operate CMVs is feasible. The
September 3, 2003 (68 FR 52441),
Federal Register notice in conjunction
with the November 8, 2005 (70 FR
67777), Federal Register notice provides
the current protocol for allowing such
drivers to operate CMVs in interstate
commerce.
FMCSA notes that section 4129 of the
Safe, Accountable, Flexible and
Efficient Transportation Equity Act: A
Legacy for Users requires the Secretary
to revise its diabetes exemption program
established on September 3, 2003 (68 FR
52441). The revision must provide for
individual assessment of drivers with
diabetes mellitus, and be consistent
with the criteria described in section
4018 of the Transportation Equity Act
for the 21st Century (49 U.S.C. 31305).
Section 4129 requires: (1) Elimination of
the requirement for three years of
experience operating CMVs while being
treated with insulin; and (2)
establishment of a specified minimum
period of insulin use to demonstrate
stable control of diabetes before being
allowed to operate a CMV.
In response to section 4129, FMCSA
made immediate revisions to the
diabetes exemption program established
by the September 3, 2003 notice.
FMCSA discontinued use of the threeyear driving experience and fulfilled the
requirements of section 4129 while
continuing to ensure that operation of
CMVs by drivers with ITDM will
E:\FR\FM\13DEN1.SGM
13DEN1
Agencies
[Federal Register Volume 82, Number 238 (Wednesday, December 13, 2017)]
[Notices]
[Pages 58684-58686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26867]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[FMCSA Docket No. FMCSA-2017-0043]
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 31 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 20, 2017. The
exemptions expire on October 20, 2019.
FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division, (202) 366-4001, [email protected], FMCSA,
Department of Transportation, 1200
[[Page 58685]]
New Jersey Avenue SE, Room W64-224, Washington, DC 20590-0001. Office
hours are from 8:30 a.m. to 5 p.m., e.t., 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. Electronic Access
You may see all the comments online through the Federal Document
Management System (FDMS) at: https://www.regulations.gov.
Docket: For access to the docket to read background documents or
comments, go to https://www.regulations.gov and/or Room W12-140 on the
ground level of the West Building, 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday,
except Federal holidays.
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 https://www.regulations.gov, as described in
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed
at https://www.dot.gov/privacy.
II. Background
On September 19, 2017, FMCSA published a notice announcing receipt
of applications from 31 individuals requesting an exemption from
diabetes requirement in 49 CFR 391.41(b)(3) and requested comments from
the public (82 FR 43810). The public comment period ended on October
19, 2017, and no 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 no comments in this proceeding.
IV. Basis for Exemption Determination
Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
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.
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 19, 2017 Federal
Register notice (82 FR 43810) and will not be repeated in this notice.
These 31 applicants have had ITDM over a range of 1 to 30 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 31 exemption applications, FMCSA
exempts the following drivers from the diabetes requirement in 49 CFR
391.41(b)(10), subject to the requirements cited above:
Valerian J. Ahles (MN)
Gabriel P. Aranda (ID)
Herbert M. Boggs, Sr. (VA)
Samuel D. Chadwick (NY)
Michael J. Coopey (NJ)
David A. Dworak (WI)
Francis G. Gahr (PA)
Robert Giordano (NJ)
John W.E. Haddad (VA)
Anthony W. Hartley (ME)
Shay S. Hobbs (AL)
Jack T. Jaworski (NY)
Mark E. Jernstad (IL)
Kenneth F. Julius (MN)
Timothy D. Kinsey (SC)
Fred A. Klein (MT)
Kenneth C. Knighten (OR)
Thomas R. Ligman (PA)
Richard A. Miller (PA)
Thomas J. Miller, Jr. (NC)
Danny L. Nelson (MA)
James D. Northum (TX)
Everett M. Ortiz (OR)
Rodney D. Rexford (NH)
Michael K. Richardson (SC)
Daniel L. Richardson, Sr. (MD)
Eliezer Rivera-Nieves (CT)
Jacob D. Savage (TN)
Jamesha K. Thomas (SC)
Stephen M. Ward (MA)
Robert A. Young (TN)
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
[[Page 58686]]
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: December 6, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-26867 Filed 12-12-17; 8:45 am]
BILLING CODE 4910-EX-P