Qualification of Drivers; Exemption Applications; Diabetes |
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Larry W. Minor
Federal Motor Carrier Safety Administration
14 February 2018
[Federal Register Volume 83, Number 31 (Wednesday, February 14, 2018)]
[Notices]
[Pages 6722-6724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03032]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2009-0294; FMCSA-2011-0326; FMCSA-2011-0327; FMCSA-
2011-0367; FMCSA-2013-0192; FMCSA-2015-0340; FMCSA-2015-0341]
Qualification of Drivers; Exemption Applications; Diabetes
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of renewal of exemptions; request for comments.
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SUMMARY: FMCSA announces its decision to renew exemptions for 53
individuals from its prohibition in the Federal Motor Carrier Safety
Regulations (FMCSRs) against persons with insulin-treated diabetes
mellitus (ITDM) from operating commercial motor vehicles (CMVs) in
interstate commerce. The exemptions enable these individuals with ITDM
to continue to operate CMVs in interstate commerce.
DATES: Each group of renewed exemptions were applicable on the dates
stated in the discussions below and will expire on the dates stated in
the discussions below. Comments must be received on or before March 16,
2018.
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 5:30
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.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2009-0294; FMCSA-2011-0326;
FMCSA-2011-0327; FMCSA-2011-0367; FMCSA-2013-0192; FMCSA-2015-0340;
FMCSA-2015-0341 using any of the following methods:
Federal eRulemaking Portal: Go to http://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 http://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 http://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 self-addressed, 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 http://www.regulations.gov, as described in
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed
at http://www.dot.gov/privacy.
I. Background
Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
for five years 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 two-year period to align with
the maximum duration of a driver's medical certification.
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 53 individuals listed in this notice have requested renewal of
their exemptions from the diabetes standard in 49 CFR 391.41(b)(3), in
accordance with FMCSA procedures. Accordingly, FMCSA has evaluated
these applications for renewal on their merits and decided to extend
each exemption for a renewable two-year period.
II. Request for Comments
Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315, FMCSA will take immediate steps to revoke the
exemption of a driver.
III. Basis for Renewing Exemptions
Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than two years from its approval date and may be renewed upon
application. In accordance with 49 U.S.C. 31136(e) and 31315, each of
the 53 applicants has satisfied the renewal conditions for obtaining an
exemption from the diabetes requirement (74 FR 68092; 75 FR 8182; 76 FR
78720; 76 FR 79756; 77 FR 533; 77 FR 5873; 77 FR 7232; 77 FR 10607; 78
FR 78479; 79 FR 13086; 80 FR 81415; 81 FR 1281; 81 FR 1987; 81 FR
36378; 81 FR 45213). They have maintained their required medical
monitoring and have not exhibited any medical issues that would
compromise their ability to safely operate a CMV during the previous
two-year exemption period. These factors provide an adequate basis for
predicting each driver's ability to continue to drive safely in
interstate commerce. Therefore, FMCSA concludes that extending the
exemption for each of these drivers for a period of two years is likely
to achieve a level of safety equal to that existing without the
exemption.
In accordance with 49 U.S.C. 31136(e) and 31315, the following
groups of drivers received renewed exemptions in
[[Page 6723]]
the month of February and are discussed below:
As of February 1, 2018, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following three individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (80 FR 81415; 81 FR
45213): Douglas E. Hensley, (MO); John K. Moorhead, (KY); Hugh S.
Wacker, (IL).
The drivers were included in docket number FMCSA-2015-0340. Their
exemptions are applicable as of February 1, 2018, and will expire on
February 1, 2020.
As of February 6, 2018, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following six individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (76 FR 79756; 77 FR
5873; 81 FR 1281):
Howard A. Betz (OH)
Kevin J. Coppens (ME)
Frank H. Ford, Jr. (PA)
Daniel R. Harris (TX)
Joseph L. Owings (AL)
Jerry H. Small (NC)
The drivers were included in docket number FMCSA-2011-0326. Their
exemptions are applicable as of February 6, 2018, and will expire on
February 6, 2020.
As of February 10, 2018, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following two individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (76 FR 78720; 77 FR
7232; 81 FR 1281): Kenneth J. Hill, (OH); Frank E. Ray, (KS).
The drivers were included in docket number FMCSA-2011-0327. Their
exemptions are applicable as of February 10, 2018, and will expire on
February 10, 2020.
As of February 12, 2018, and in accordance with 49 U.S.C. 31136(e)
and 31315, Guy B. Mayes (WA) has satisfied the renewal conditions for
obtaining an exemption from the rule prohibiting drivers with ITDM from
driving CMVs in interstate commerce. (78 FR 78479; 79 FR 13086; 81 FR
1281).
This driver was included in docket number FMCSA-2013-0192. The
exemption is applicable as of February 12, 2018, and will expire on
February 12, 2020.
As of February 17, 2018, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 26 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (81 FR 1987; 81 FR
36378):
Kevin D. Aaron (PA)
Juan Acevedo (FL)
Eugene O. Carr, Jr. (DE)
Tracy R. Clark (KY)
Jerry L. Coward (NC)
Wesley N. Cubby (NJ)
Michael G. Deschenes (MN)
James C. Detwiler (PA)
Jay E. Diller (PA)
Jose N. Escobar (MD)
Frank J. Gogno (PA)
Michael D. Hashem (MA)
George W. Hauck (LA)
Aseneka K. Igambi (TX)
Hayward G. Jinright (AL)
James S. Kauffman (PA)
Kevin M. Kemp (NJ)
Carlos A. Montano (NY)
Michael J. Payne (MD)
Christopher M. Seals (MS)
Robert Sienkiewicz (MI)
Craig A. Sines (OR)
Joel K. Spencer (AL)
Kendall W. Unruh (MO)
Daniel R. Vilart (WA)
Logan D. Yoder (IN)
The drivers were included in docket number FMCSA-2015-0341. Their
exemptions are applicable as of February 17, 2018, and will expire on
February 17, 2020.
As of February 22, 2018, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following ten individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (77 FR 533; 77 FR
10607; 81 FR 1281):
Garry L. Camden (IN)
Loren A. Cox (NY)
Daryl F. Gilbertson (WI)
Alfred Gutierrez, II (OK)
Matthew D. Hulse (KS)
Neil Karvonen (WA)
Earl T. Morton, Jr. (VA)
Richard A. Norstebon (ND)
Donald J. Olbinski (IL)
Kevin E. Risley (IN)
The drivers were included in docket number FMCSA-2011-0367. Their
exemptions are applicable as of February 22, 2018, and will expire on
February 22, 2020.
As of February 24, 2018, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following five individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (74 FR 68092; 75 FR
8182; 81 FR 1281):
Daniel C. Druffel (WA)
Gregory J. Godley (WA)
Justin R. Henneinke (CA)
Richard L. Sulzberger (IL)
Dirk Vanstralen (CA)
The drivers were included in docket number FMCSA-2009-0294. Their
exemptions are applicable as of February 24, 2018, and will expire on
February 24, 2020.
IV. Conditions and Requirements
The exemptions are extended subject to the following conditions:
(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 submit an annual ophthalmologist's
or optometrist's report; 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 keep 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. The exemption
will be rescinded if: (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 before it was 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.
V. 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.
VI. Conclusion
Based upon its evaluation of the 53 exemption applications, FMCSA
renews the exemptions of the aforementioned drivers from the rule
prohibiting drivers with ITDM from driving CMVs in interstate commerce.
In accordance with 49 U.S.C. 31136(e) and 31315, each exemption will be
valid for two years unless revoked earlier by FMCSA.
[[Page 6724]]
Issued on: February 7, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-03032 Filed 2-13-18; 8:45 am]
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