Qualification of Drivers; Exemption Applications; Diabetes, 18647-18648 [2018-08910]

Download as PDF Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Notices eye is no light perception, and in his left eye, 20/20. Following an examination in 2017, his optometrist stated, ‘‘In my opinion, Mr. Womble has sufficient vision to perform the driving tasks needed to operate a commercial vehicle.’’ Mr. Womble reported that he has driven straight trucks for three years, accumulating 108,000 miles, and tractor-trailer combinations for two years, accumulating 80,000 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. Kevin Young Mr. Young, 37, has keratoconus in his left eye due to a traumatic incident in childhood. The visual acuity in his right eye is 20/20, and in his left eye, 20/60. Following an examination in 2017, his optometrist stated, ‘‘In my medical opinion, I certify that Kevin M. Young’s left eye vision deficiency provides sufficient vision ability to perform the driving tasks required to operate a commercial vehicle in conjunction with his normal right eye for overall vision performance.’’ Mr. Young reported that he has driven straight trucks for ten years, accumulating 5,000 miles, and tractor-trailer combinations for five years, accumulating 10,000 miles. He holds an operator’s license from New Jersey. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV. daltland on DSKBBV9HB2PROD with NOTICES III. Request for Comments 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–2018–0010 and click the search button. When the new screen appears, click on the blue ‘‘Comment Now!’’ button on the right hand side of the VerDate Sep<11>2014 18:18 Apr 26, 2018 Jkt 244001 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–2018–0010 and click ‘‘Search.’’ Next, click ‘‘Open Docket Folder’’ and you will find all documents and comments related to this notice. Issued on: April 23, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018–08915 Filed 4–26–18; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2018–0027] Qualification of Drivers; Exemption Applications; Diabetes Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of denials. AGENCY: FMCSA announces its decision to deny applications from 17 individuals who requested an exemption from the Federal Motor Carrier Safety Regulations (FMCSRs) prohibiting persons with insulin-treated diabetes mellitus (ITDM) from operating a commercial motor vehicle (CMV) in interstate commerce. 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 SUMMARY: PO 00000 Frm 00147 Fmt 4703 Sfmt 4703 18647 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 FMCSA received applications from 17 individuals who requested an exemption from the FMCSRs prohibiting persons with ITDM from operating a CMV in interstate commerce. FMCSA has evaluated the eligibility of these applicants and concluded that granting these exemptions would not provide a level of safety that would be equivalent to or greater than, the level of safety that would be obtained by complying with the regulation 49 CFR 391.41(b)(3). III. Basis for Exemption Determination Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption if it finds such an exemption would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such an exemption. The Agency’s decision regarding these exemption applications is based on the eligibility criteria, the terms and conditions for Federal exemptions, and an individualized assessment of each applicant’s medical information provided by the applicant. IV. Conclusion The Agency has determined that these applicants do not satisfy the criteria eligibility or meet the terms and conditions of the Federal exemption and granting these exemptions would not E:\FR\FM\27APN1.SGM 27APN1 daltland on DSKBBV9HB2PROD with NOTICES 18648 Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Notices provide a level of safety that would be equivalent to or greater than, the level of safety that would be obtained by complying with the regulation 49 CFR 391.41(b)(3). Therefore, the 17 applicants in this notice have been denied exemptions from the physical qualification standards in 49 CFR 391.41(b)(3). Each applicant has, prior to this notice, received a letter of final disposition regarding his/her exemption request. Those decision letters fully outlined the basis for the denial and constitutes final action by the Agency. This notice summarizes the Agency’s recent denials as required under 49 U.S.C. 31315(b)(4) by periodically publishing names and reasons for denial. The following six applicants have had more than one hypoglycemic episode requiring hospitalization or the assistance of others, or has had one such episode but has not had one year of stability following the episode: Michael W. Boyll (IN) Robert T. Mitchell (CA) Todd E. Bakner (PA) Donald J. Glass (AR) Cameron C. Kenyon (WA) Mark E. Jordan (IN) The following two applicants had other medical conditions making the applicant otherwise unqualified under the Federal Motor Carrier Safety Regulations: Rodney Purcell (NY); Bruce A. Hammond (GA). The following seven applicants did not have endocrinologists willing to make statements that they are able to operate CMVs from a diabetes standpoint: John W. Ringbloom (PA) Travis L. Reese (MA) Ronald J. Marchewka (PA) Gregory W. Bell (NJ) David W. DeGraw (NJ) John A. Bright (PA) Dennis F. Comp (PA) The following applicant, Peter E. Halter (NJ), is unable or has not demonstrated willingness to properly monitor and manage his diabetes, whether by a personal decision or medical inability. The following applicant, Gerald D. Tower, Jr. (MI), has peripheral neuropathy or circulatory insufficiency of the extremities likely to interfere with the ability to operate a CMV. Issued on: April 23, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018–08910 Filed 4–26–18; 8:45 am] BILLING CODE 4910–EX–P VerDate Sep<11>2014 18:18 Apr 26, 2018 Jkt 244001 DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2017–0026] Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. AGENCY: FMCSA announces its decision to exempt 18 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) to operate a commercial motor vehicle (CMV) in interstate commerce. They are unable to meet the vision requirement in one eye for various reasons. The exemptions enable these individuals to operate CMVs in interstate commerce without meeting the vision requirement in one eye. 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 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. PO 00000 Frm 00148 Fmt 4703 Sfmt 4703 II. Background On January 16, 2018, FMCSA published a notice announcing receipt of applications from 18 individuals requesting an exemption from vision requirement in 49 CFR 391.41(b)(10) and requested comments from the public (83 FR 2311). The public comment period ended on February 15, 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)(10). The physical qualification standard for drivers regarding vision found in 49 CFR 391.41(b)(10) states that a person is physically qualified to driver a CMV if that person has distant visual acuity of at least 20/40 (Snellen) in each eye without corrective lenses or visual acuity separately corrected to 20/40 (Snellen) or better with corrective lenses, distant binocular acuity of a least 20/40 (Snellen) in both eyes with or without corrective lenses, field of vision of at least 70° in the horizontal meridian in each eye, and the ability to recognize the colors of traffic signals and devices showing red, green, and amber. III. Discussion of Comments FMCSA received one comment in this proceeding. Vanessa Jones commented that drivers with a visual deficiency should have to take a specific driving test to demonstrate safe operation with the deficiency rather than relying on a review of the driving record to determine their level of safety. In addition, she indicated that vision exempted drivers should not be seen by an optometrist and instead should be seen by a specialized eye doctor. FMCSA conducts a thorough review of a 3-year Commercial and Personal Driving record in conjunction with actual driving experience with their vision deficiency to determine if an equivalent or greater level of safety is likely to be achieved by granting the exemptions as would be without the exemptions. Drivers are not granted a Commercial Driver’s License (CDL) by the Federal Government but by their State. Each state has specific skill testing requirements that must be met. FMCSA has utilized a Medical Expert Panel consisting of a team of Medical Doctors who have extensively researched and recommended the process that the Agency follows to qualify these drivers. FMCSA requires all individuals applying for a vision E:\FR\FM\27APN1.SGM 27APN1

Agencies

[Federal Register Volume 83, Number 82 (Friday, April 27, 2018)]
[Notices]
[Pages 18647-18648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08910]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0027]


Qualification of Drivers; Exemption Applications; Diabetes

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

ACTION: Notice of denials.

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SUMMARY: FMCSA announces its decision to deny applications from 17 
individuals who requested an exemption from the Federal Motor Carrier 
Safety Regulations (FMCSRs) prohibiting persons with insulin-treated 
diabetes mellitus (ITDM) from operating a commercial motor vehicle 
(CMV) in interstate commerce.

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 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

    FMCSA received applications from 17 individuals who requested an 
exemption from the FMCSRs prohibiting persons with ITDM from operating 
a CMV in interstate commerce.
    FMCSA has evaluated the eligibility of these applicants and 
concluded that granting these exemptions would not provide a level of 
safety that would be equivalent to or greater than, the level of safety 
that would be obtained by complying with the regulation 49 CFR 
391.41(b)(3).

III. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption if 
it finds such an exemption would likely achieve a level of safety that 
is equivalent to, or greater than, the level that would be achieved 
absent such an exemption.
    The Agency's decision regarding these exemption applications is 
based on the eligibility criteria, the terms and conditions for Federal 
exemptions, and an individualized assessment of each applicant's 
medical information provided by the applicant.

IV. Conclusion

    The Agency has determined that these applicants do not satisfy the 
criteria eligibility or meet the terms and conditions of the Federal 
exemption and granting these exemptions would not

[[Page 18648]]

provide a level of safety that would be equivalent to or greater than, 
the level of safety that would be obtained by complying with the 
regulation 49 CFR 391.41(b)(3). Therefore, the 17 applicants in this 
notice have been denied exemptions from the physical qualification 
standards in 49 CFR 391.41(b)(3).
    Each applicant has, prior to this notice, received a letter of 
final disposition regarding his/her exemption request. Those decision 
letters fully outlined the basis for the denial and constitutes final 
action by the Agency. This notice summarizes the Agency's recent 
denials as required under 49 U.S.C. 31315(b)(4) by periodically 
publishing names and reasons for denial.
    The following six applicants have had more than one hypoglycemic 
episode requiring hospitalization or the assistance of others, or has 
had one such episode but has not had one year of stability following 
the episode:

Michael W. Boyll (IN)
Robert T. Mitchell (CA)
Todd E. Bakner (PA)
Donald J. Glass (AR)
Cameron C. Kenyon (WA)
Mark E. Jordan (IN)

    The following two applicants had other medical conditions making 
the applicant otherwise unqualified under the Federal Motor Carrier 
Safety Regulations: Rodney Purcell (NY); Bruce A. Hammond (GA).
    The following seven applicants did not have endocrinologists 
willing to make statements that they are able to operate CMVs from a 
diabetes standpoint:

John W. Ringbloom (PA)
Travis L. Reese (MA)
Ronald J. Marchewka (PA)
Gregory W. Bell (NJ)
David W. DeGraw (NJ)
John A. Bright (PA)
Dennis F. Comp (PA)

    The following applicant, Peter E. Halter (NJ), is unable or has not 
demonstrated willingness to properly monitor and manage his diabetes, 
whether by a personal decision or medical inability.
    The following applicant, Gerald D. Tower, Jr. (MI), has peripheral 
neuropathy or circulatory insufficiency of the extremities likely to 
interfere with the ability to operate a CMV.

     Issued on: April 23, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-08910 Filed 4-26-18; 8:45 am]
 BILLING CODE 4910-EX-P
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