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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.
Start Further InfoFOR 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., 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.
End Further Info End Preamble Start Supplemental InformationSUPPLEMENTARY 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.Start Printed 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)Start Printed 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.
Start SignatureIssued 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
Document Information
- Published:
- 11/27/2018
- Department:
- Federal Motor Carrier Safety Administration
- Entry Type:
- Notice
- Action:
- Notice of final disposition.
- Document Number:
- 2018-25844
- Dates:
- The exemptions were applicable on October 11, 2018. The exemptions expire on October 11, 2020.
- Pages:
- 60957-60959 (3 pages)
- Docket Numbers:
- FMCSA Docket No. FMCSA-2018-0203
- PDF File:
- 2018-25844.pdf