Qualification of Drivers; Exemption Applications; Diabetes Mellitus, 15219-15220 [2018-07206]

Download as PDF Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices from Illinois. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. John R.A.Taylor Mr. Taylor, 67, has had amblyopia in his left eye since childhood. The visual acuity in his right eye is 20/20, and in his left eye, 20/400. Following an examination in 2017, his optometrist stated, ‘‘I certify that in my professional opinion, John R. A. Taylor has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Taylor reported that he has driven straight trucks for 20 years, accumulating 300,000 miles. He holds a Class B CDL from Virginia. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. sradovich on DSK3GMQ082PROD with NOTICES Justin L. Tidyman Mr. Tidyman, 35, has had amblyopia in his right eye since childhood. The visual acuity in his right eye is 20/200, and in his left eye, 20/25. Following an examination in 2018, his optometrist stated, ‘‘I feel that My. [sic] Tidyman has sufficient vision to perform the driving tasks required to operate a commercial vehicle.’’ Mr. Tidyman reported that he has driven straight trucks for 20 years, accumulating 1.4 million miles, and tractor-trailer combinations for seven years, accumulating 140,000 miles. He holds a Class A CDL from Arkansas. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Raul Torres Malaga Mr. Torres Malaga, 60, has had amblyopia in his right eye since birth. The visual acuity in his right eye is 20/ 60, and in his left eye, 20/20. Following an examination in 2017, his optometrist stated, ‘‘Upon completing the eye exam, I find Mr. Torres visually capable to operate a motor vehicle of any kind, including commercial vehicles.’’ Mr. Torres Malaga reported that he has driven straight trucks for one year, accumulating 9,100 miles, and tractortrailer combinations for three years, accumulating 60,900 miles. He holds a Class A CDL from Florida. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. Timothy L. Tucker Mr. Tucker, 46, has had amblyopia in his left eye since birth. The visual acuity in his right eye is 20/20, and in his left eye, 20/400. Following an examination in 2017, his optometrist stated, ‘‘Patient, Tim Tucker, should be allowed to VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 operate a commercial vehicle with no restrictions with respect to his visual status.’’ Mr. Tucker reported that he has driven straight trucks for 15 years, accumulating 465,000 miles. He holds an operator’s license from Kentucky. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests public comment from all interested persons on the exemption petitions described in this notice. We will consider all comments and material received before the close of business on the closing date indicated in the dates section of the notice. IV. Submitting Comments You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so that FMCSA can contact you if there are questions regarding your submission. To submit your comment online, go to https://www.regulations.gov and in the search box insert the docket number FMCSA–2018–0008 and click the search button. When the new screen appears, click on the blue ‘‘Comment Now!’’ button on the right hand side of the page. On the new page, enter information required including the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, selfaddressed postcard or envelope. We will consider all comments and materials received during the comment period. FMCSA may issue a final determination at any time after the close of the comment period. V. Viewing Comments and Documents To view comments, as well as any documents mentioned in this preamble, go to https://www.regulations.gov and in the search box insert the docket number FMCSA–2018–0008 and click ‘‘Search.’’ Next, click ‘‘Open Docket Folder’’ and you will find all documents and comments related to this notice. Frm 00095 Fmt 4703 Sfmt 4703 Issued on: April 2, 2018 Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018–07187 Filed 4–6–18; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration III. Request for Comments PO 00000 15219 [FMCSA Docket No. FMCSA–2017–0286] 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 40 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 February 16, 2018. The exemptions expire on February 16, 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., 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: SUMMARY: 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 E:\FR\FM\09APN1.SGM 09APN1 15220 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices 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 January 16, 2018, FMCSA published a notice announcing receipt of applications from 40 individuals requesting an exemption from diabetes requirement in 49 CFR 391.41(b)(3) and requested comments from the public (83 FR 2283). The public comment period ended on February 15, 2018, 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. sradovich on DSK3GMQ082PROD with NOTICES 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 January 16, 2018, Federal Register notice (83 FR 2283) and will not be repeated in this notice. These 40 applicants have had ITDM over a range of one to 24 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 VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 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 40 exemption applications, FMCSA exempts the following drivers from the diabetes requirement in 49 CFR 391.41(b)(10), subject to the requirements cited above: Kyle A. Bernard (PA) Zachary R. Brigham (SC) PO 00000 Frm 00096 Fmt 4703 Sfmt 9990 Kenneth D. Chitwood (PA) Tony M. Damesworth (TN) Walter Dudiak (PA) Mark T. Feldmann (KY) John H. Fritz (IN) Scott T. Fry (CO) Richard E. Henderson (AZ) Leah M. Hennes (MN) Gerard M. Hubert (MA) Gregory L. Humphrey (IL) Parkinson B. James (NY) John M. Jessup (MI) Kevin A. Kirker (WI) Ryan A. Knutson (SD) Benjamin T. Lamoreaux (FL) Joseph W. Latawiec (MN) Tommy Leyva (CA) Melvin Lumpkins, III (LA) Craig E. Lynn (GA) Charles E. Madenford, III (PA) David R. Meddows (IL) Kevin L. Miller (PA) Charles A. Moerer (IN) Cirilo M. Nunez (NJ) LaVonda B. Pearson (NC) Andrea N. Pressley (NJ) Darby J. Russo (LA) Gary S. Schreiner (FL) Nicholas A. Scialanca (PA) Robert C. Scott (WI) Thermond D. Smith (IL) Edward D. Smith (NE) Jeffrey W. Stamper (MO) Wayne R. Steffler (NY) Thomas J. Stylc (PA) Todd A. Vanwinkle (NE) Jacob W. Williams (PA) Kevin A. Wiswell (ME) 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: April 2, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018–07206 Filed 4–6–18; 8:45 am] BILLING CODE 4910–EX–P E:\FR\FM\09APN1.SGM 09APN1

Agencies

[Federal Register Volume 83, Number 68 (Monday, April 9, 2018)]
[Notices]
[Pages 15219-15220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07206]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2017-0286]


Qualification of Drivers; Exemption Applications; Diabetes 
Mellitus

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

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to exempt 40 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 February 16, 2018. The 
exemptions expire on February 16, 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., 
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

[[Page 15220]]

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 January 16, 2018, FMCSA published a notice announcing receipt of 
applications from 40 individuals requesting an exemption from diabetes 
requirement in 49 CFR 391.41(b)(3) and requested comments from the 
public (83 FR 2283). The public comment period ended on February 15, 
2018, 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 January 16, 2018, Federal 
Register notice (83 FR 2283) and will not be repeated in this notice.
    These 40 applicants have had ITDM over a range of one to 24 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 40 exemption applications, FMCSA 
exempts the following drivers from the diabetes requirement in 49 CFR 
391.41(b)(10), subject to the requirements cited above:

Kyle A. Bernard (PA)
Zachary R. Brigham (SC)
Kenneth D. Chitwood (PA)
Tony M. Damesworth (TN)
Walter Dudiak (PA)
Mark T. Feldmann (KY)
John H. Fritz (IN)
Scott T. Fry (CO)
Richard E. Henderson (AZ)
Leah M. Hennes (MN)
Gerard M. Hubert (MA)
Gregory L. Humphrey (IL)
Parkinson B. James (NY)
John M. Jessup (MI)
Kevin A. Kirker (WI)
Ryan A. Knutson (SD)
Benjamin T. Lamoreaux (FL)
Joseph W. Latawiec (MN)
Tommy Leyva (CA)
Melvin Lumpkins, III (LA)
Craig E. Lynn (GA)
Charles E. Madenford, III (PA)
David R. Meddows (IL)
Kevin L. Miller (PA)
Charles A. Moerer (IN)
Cirilo M. Nunez (NJ)
LaVonda B. Pearson (NC)
Andrea N. Pressley (NJ)
Darby J. Russo (LA)
Gary S. Schreiner (FL)
Nicholas A. Scialanca (PA)
Robert C. Scott (WI)
Thermond D. Smith (IL)
Edward D. Smith (NE)
Jeffrey W. Stamper (MO)
Wayne R. Steffler (NY)
Thomas J. Stylc (PA)
Todd A. Vanwinkle (NE)
Jacob W. Williams (PA)
Kevin A. Wiswell (ME)

    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: April 2, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-07206 Filed 4-6-18; 8:45 am]
 BILLING CODE 4910-EX-P