Qualification of Drivers; Exemption Applications; Diabetes, 23706-23707 [2017-10559]

Download as PDF 23706 Federal Register / Vol. 82, No. 98 / Tuesday, May 23, 2017 / Notices extensive driving experience and safety record, FMCSA has concluded that the exemption would likely achieve a level of safety that is equivalent to or greater than the level that would be achieved absent such exemption, in accordance with § 381.305(a). VII. Terms and Conditions for the Exemption FMCSA grants Daimler and Kai Zeuner an exemption from the CDL requirement in 49 CFR 383.23 to allow Mr. Zeuner to drive CMVs in this country without a U.S. State-issued CDL, subject to the following terms and conditions: (1) The driver and carrier must comply with all other applicable provisions of the FMCSRs (49 CFR parts 350–399); (2) the driver must be in possession of the exemption document and a valid German commercial license; (3) the driver must be employed by and operate the CMV within the scope of his duties for Daimler; (4) at all times while operating a CMV under this exemption, the driver must be accompanied by a holder of a U.S. CDL who is familiar with the routes traveled; (5) Daimler must notify FMCSA in writing within 5 business days of any accident, as defined in 49 CFR 390.5, involving this driver; and (6) Daimler must notify FMCSA in writing if this driver is convicted of a disqualifying offense under § 383.51 or § 391.15 of the FMCSRs. In accordance with 49 U.S.C. 31315 and 31136(e), the exemption will be valid for 5 years unless revoked earlier by the FMCSA. The exemption will be revoked if: (1) Mr. Zeuner fails to comply with the terms and conditions of the exemption; (2) the exemption results in a lower level of safety than was maintained before it was granted; or (3) continuation of the exemption would be inconsistent with the goals and objectives of 49 U.S.C. 31315 and 31136. sradovich on DSK3GMQ082PROD with NOTICES VIII. Preemption In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR 381.600, during the period this exemption is in effect, no State shall enforce any law or regulation applicable to interstate or intrastate commerce that conflicts with or is inconsistent with this exemption with respect to a firm or person operating under the exemption. Issued on: May 17, 2017. Daphne Y. Jefferson, Deputy Administrator. [FR Doc. 2017–10554 Filed 5–22–17; 8:45 am] BILLING CODE 4910–EX–P VerDate Sep<11>2014 21:15 May 22, 2017 Jkt 241001 DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2006–2575; FMCSA– 2011–0193; FMCSA–2011–0194; FMCSA– 2013–0183; FMCSA–2013–0186; FMCSA– 2013–0188; FMCSA–2013–0189] Qualification of Drivers; Exemption Applications; Diabetes Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. AGENCY: FMCSA announces its decision to renew exemptions of 90 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 was effective on the dates stated in the discussions below and will expire on the dates stated in the discussions below. 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 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. SUPPLEMENTARY INFORMATION: SUMMARY: I. Electronic Access You may see all the comments online through the Federal Document Management System (FDMS) at: http:// www.regulations.gov. Docket: For access to the docket to read background documents or comments, go to http:// 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 http://www.regulations.gov, PO 00000 Frm 00186 Fmt 4703 Sfmt 4703 as described in the system of records notice (DOT/ALL–14 FDMS), which can be reviewed at http://www.dot.gov/ privacy. II. Background On November 6, 2015, FMCSA published a notice announcing its decision to renew exemptions for 90 individuals from the insulin-treated diabetes mellitus prohibition in 49 CFR 391.41(b)(3) to operate a CMV in interstate commerce and requested comments from the public (80 FR 68895). The public comment period ended on December 7, 2015, and no comments were received. As stated in the previous notice, FMCSA has evaluated the eligibility of these applicants and determined that renewing these exemptions 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 preceding. IV. Conclusion Based upon its evaluation of the 90 renewal exemption applications and that no comments were received, FMCSA confirms its’ decision to exempt the following drivers from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce in 49 CFR 391.41(b)(3): As of November 1, 2015, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 17 individuals have satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce (78 FR 50482; 78 FR 65754; 80 FR 68895): John K. Abels (IL) Dean A. Bacon (IN) Philip E. Banks (OH) Anthony M. Bride (NJ) Charles E. Dailey (AL) Kenneth D. Denny (WA) Adam M. Hogue (MS) Allen D. LaFave (ND) Greg P. Mason (NY) Thomas D. Miller (MT) Douglas A. Mulligan (KY) David G. Peters (PA) Robert J. Rispoli, Jr. (NY) E:\FR\FM\23MYN1.SGM 23MYN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 82, No. 98 / Tuesday, May 23, 2017 / Notices Mike P. Senn (MN) Hames H. Suttles (AL) Gregory F. Wendt (NE) Michael J. Wickstrom (MI) The drivers were included in docket No. FMCSA–2013–0183. Their exemptions are effective as of November 1, 2015, and will expire on November 1, 2017. As of November 6, 2015, and in accordance with 49 U.S.C. 31136(e) and 31315, George J. Ehnot (PA) has satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce. (78 FR 56988; 78 FR 67459; 80 FR 68895). This driver was included in docket No. FMCSA–2013–0186. The exemption is effective as of November 6, 2015, and will expire on November 6, 2017. As of November 9, 2015, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 11 individuals have satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce (78 FR 55460; 78 FR 69795; 80 FR 68895): Mark A. Blanton (IN) Howard T. Cash (IL) Heath J. Chesser (AL) Kevin F. Connacher (PA) Darryl A. Daniels (OH) Carrie L. Frisby (CA) Dean M. Keeven (MI) Christopher A. Labudde (IL) Brian A. Mankowski (IL) Robert E. Welling (OH) Keith Weymouth (ME) The drivers were included in docket No. FMCSA–2011–0193. Their exemptions are effective as of November 9, 2015, and will expire on November 9, 2017. As of November 12, 2015, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 24 individuals have satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce (78 FR 56988; 78 FR 67459; 80 FR 68895): Charles E. Andersen (MN) Philip B. Blythe (IL) Ryan T. Byndas (AZ) Winfred G. Clemenson (WA) Michael C. Crewse (IL) James D. Crosson, Jr. (MN) Bruce E. Feltenbarger (MI) Charles A. Fleming (VA) Brian W. Hannah (UT) Michael P. Huck (MI) Van K. Jarrett (KY) Keith W. Lewis (MO) Eugene M. Mikell (NH) VerDate Sep<11>2014 21:15 May 22, 2017 Jkt 241001 Ronny J. Moreau (NH) James M. O’Rourke (MA) Joshua T. Paumer (MT) Vladimir B. Petkov (MO) Luther S. Pickell (KS) Robert J. Pulliam (AZ) Andrew W. Sprester (ND) Vincent J. Terrizzi, Sr. (PA) Daniel C. Theis (FL) Richard A. White (TN) Mark A. Winning (IL) The drivers were included in docket No. FMCSA–2013–0186. Their exemptions are effective as of November 12, 2015, and will expire on November 12, 2017. As of November 16, 2015, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 13 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 61140; 76 FR 71111; 80 FR 68895): Mark D. Andersen (IA) David A. Basher (MA) Brian H. Berthiaume (VT) Eric D. Blocker, Sr. (NC) Berry W. Campbell (WI) Raymond A. Jack (WA) Quency T. Johnson (WI) Kenny B. Keels, Jr. (SC) Jason M. Pritchett (MI) Steven R. Sibert (MN) Cassie J. Silbernagel (SD) Lewis B. Taylor (IL) James A. Terilli (NY) The drivers were included in docket No. FMCSA–2011–0194. Their exemptions are effective as of November 16, 2015, and will expire on November 16, 2017. As of November 19, 2015, and in accordance with 49 U.S.C. 31136(e) and 31315, Marshall H. Evans (IL) has satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce. (76 FR 63280; 76 FR 76398; 80 FR 68895). This driver was included in docket No. FMCSA–2013–0188. The exemption is effective as of November 19, 2015, and will expire on November 19, 2017. As of November 20, 2015, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 22 individuals have satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce (71 FR 58464; 71 FR 67201; 80 FR 68895): John N. Anderson (MN) Allan C. Boyum (MN) Terry L. Brantley (NC) PO 00000 Frm 00187 Fmt 4703 Sfmt 4703 23707 Steven E. Brechting (MI) Scott A. Carlson (WI) Joseph L. Coggins (SC) Stephanie D. Fry (WY) Robert W. Gaultney, Jr. (MD) Paul T. Kubish (WI) David M. Levy (NY) Sterling C. Madsen (UT) David F. Morin (CA) Jeffrey J. Morinelli (NE) Ronald D. Murphy (WV) Charles B. Page (PA) John A. Remaklus (OH) Michael D. Schooler (IN) Arthur L. Stapleton, Jr. (OH) Carolyn J. Taylor (IN) Jeffrey M. Thew (WA) Barney J. Wade (MS) Dennis D. Wade (IL) The drivers were included in docket No. FMCSA–2006–2575. Their exemptions are effective as of November 20, 2015, and will expire on November 20, 2017. As of November 22, 2015, and in accordance with 49 U.S.C. 31136(e) and 31315, Steven R. Auger (NH) has satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce. (76 FR 63280; 76 FR 76398; 80 FR 68895). This driver was included in docket No. FMCSA–2013–0188. The exemption is effective as of November 22, 2015, and will expire on November 22, 2017. In accordance with 49 U.S.C. 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 and 31315. Issued on: May 17, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017–10559 Filed 5–22–17; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [FMCSA Docket No. FMCSA–2016–0315] Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders Federal Motor Carrier Safety Administration (FMCSA), DOT. AGENCY: E:\FR\FM\23MYN1.SGM 23MYN1

Agencies

[Federal Register Volume 82, Number 98 (Tuesday, May 23, 2017)]
[Notices]
[Pages 23706-23707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10559]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-2575; FMCSA-2011-0193; FMCSA-2011-0194; FMCSA-
2013-0183; FMCSA-2013-0186; FMCSA-2013-0188; FMCSA-2013-0189]


Qualification of Drivers; Exemption Applications; Diabetes

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

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to renew exemptions of 90 
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 was effective on the dates 
stated in the discussions below and will expire on the dates stated in 
the discussions below.

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 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.

SUPPLEMENTARY INFORMATION: 

I. Electronic Access

    You may see all the comments online through the Federal Document 
Management System (FDMS) at: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or 
comments, go to http://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 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.

II. Background

    On November 6, 2015, FMCSA published a notice announcing its 
decision to renew exemptions for 90 individuals from the insulin-
treated diabetes mellitus prohibition in 49 CFR 391.41(b)(3) to operate 
a CMV in interstate commerce and requested comments from the public (80 
FR 68895). The public comment period ended on December 7, 2015, and no 
comments were received.
    As stated in the previous notice, FMCSA has evaluated the 
eligibility of these applicants and determined that renewing these 
exemptions 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 preceding.

IV. Conclusion

    Based upon its evaluation of the 90 renewal exemption applications 
and that no comments were received, FMCSA confirms its' decision to 
exempt the following drivers from the rule prohibiting drivers with 
ITDM from driving CMVs in interstate commerce in 49 CFR 391.41(b)(3):
    As of November 1, 2015, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 17 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (78 FR 50482; 78 FR 
65754; 80 FR 68895):

John K. Abels (IL)
Dean A. Bacon (IN)
Philip E. Banks (OH)
Anthony M. Bride (NJ)
Charles E. Dailey (AL)
Kenneth D. Denny (WA)
Adam M. Hogue (MS)
Allen D. LaFave (ND)
Greg P. Mason (NY)
Thomas D. Miller (MT)
Douglas A. Mulligan (KY)
David G. Peters (PA)
Robert J. Rispoli, Jr. (NY)

[[Page 23707]]

Mike P. Senn (MN)
Hames H. Suttles (AL)
Gregory F. Wendt (NE)
Michael J. Wickstrom (MI)

    The drivers were included in docket No. FMCSA-2013-0183. Their 
exemptions are effective as of November 1, 2015, and will expire on 
November 1, 2017.
    As of November 6, 2015, and in accordance with 49 U.S.C. 31136(e) 
and 31315, George J. Ehnot (PA) has satisfied the renewal conditions 
for obtaining an exemption from the rule prohibiting drivers with ITDM 
from driving CMVs in interstate commerce. (78 FR 56988; 78 FR 67459; 80 
FR 68895).
    This driver was included in docket No. FMCSA-2013-0186. The 
exemption is effective as of November 6, 2015, and will expire on 
November 6, 2017.
    As of November 9, 2015, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 11 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (78 FR 55460; 78 FR 
69795; 80 FR 68895):

Mark A. Blanton (IN)
Howard T. Cash (IL)
Heath J. Chesser (AL)
Kevin F. Connacher (PA)
Darryl A. Daniels (OH)
Carrie L. Frisby (CA)
Dean M. Keeven (MI)
Christopher A. Labudde (IL)
Brian A. Mankowski (IL)
Robert E. Welling (OH)
Keith Weymouth (ME)

    The drivers were included in docket No. FMCSA-2011-0193. Their 
exemptions are effective as of November 9, 2015, and will expire on 
November 9, 2017.
    As of November 12, 2015, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 24 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (78 FR 56988; 78 FR 
67459; 80 FR 68895):

Charles E. Andersen (MN)
Philip B. Blythe (IL)
Ryan T. Byndas (AZ)
Winfred G. Clemenson (WA)
Michael C. Crewse (IL)
James D. Crosson, Jr. (MN)
Bruce E. Feltenbarger (MI)
Charles A. Fleming (VA)
Brian W. Hannah (UT)
Michael P. Huck (MI)
Van K. Jarrett (KY)
Keith W. Lewis (MO)
Eugene M. Mikell (NH)
Ronny J. Moreau (NH)
James M. O'Rourke (MA)
Joshua T. Paumer (MT)
Vladimir B. Petkov (MO)
Luther S. Pickell (KS)
Robert J. Pulliam (AZ)
Andrew W. Sprester (ND)
Vincent J. Terrizzi, Sr. (PA)
Daniel C. Theis (FL)
Richard A. White (TN)
Mark A. Winning (IL)

    The drivers were included in docket No. FMCSA-2013-0186. Their 
exemptions are effective as of November 12, 2015, and will expire on 
November 12, 2017.
    As of November 16, 2015, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 13 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 61140; 76 FR 
71111; 80 FR 68895):

Mark D. Andersen (IA)
David A. Basher (MA)
Brian H. Berthiaume (VT)
Eric D. Blocker, Sr. (NC)
Berry W. Campbell (WI)
Raymond A. Jack (WA)
Quency T. Johnson (WI)
Kenny B. Keels, Jr. (SC)
Jason M. Pritchett (MI)
Steven R. Sibert (MN)
Cassie J. Silbernagel (SD)
Lewis B. Taylor (IL)
James A. Terilli (NY)

    The drivers were included in docket No. FMCSA-2011-0194. Their 
exemptions are effective as of November 16, 2015, and will expire on 
November 16, 2017.
    As of November 19, 2015, and in accordance with 49 U.S.C. 31136(e) 
and 31315, Marshall H. Evans (IL) has satisfied the renewal conditions 
for obtaining an exemption from the rule prohibiting drivers with ITDM 
from driving CMVs in interstate commerce. (76 FR 63280; 76 FR 76398; 80 
FR 68895).
    This driver was included in docket No. FMCSA-2013-0188. The 
exemption is effective as of November 19, 2015, and will expire on 
November 19, 2017.
    As of November 20, 2015, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 22 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (71 FR 58464; 71 FR 
67201; 80 FR 68895):

John N. Anderson (MN)
Allan C. Boyum (MN)
Terry L. Brantley (NC)
Steven E. Brechting (MI)
Scott A. Carlson (WI)
Joseph L. Coggins (SC)
Stephanie D. Fry (WY)
Robert W. Gaultney, Jr. (MD)
Paul T. Kubish (WI)
David M. Levy (NY)
Sterling C. Madsen (UT)
David F. Morin (CA)
Jeffrey J. Morinelli (NE)
Ronald D. Murphy (WV)
Charles B. Page (PA)
John A. Remaklus (OH)
Michael D. Schooler (IN)
Arthur L. Stapleton, Jr. (OH)
Carolyn J. Taylor (IN)
Jeffrey M. Thew (WA)
Barney J. Wade (MS)
Dennis D. Wade (IL)

    The drivers were included in docket No. FMCSA-2006-2575. Their 
exemptions are effective as of November 20, 2015, and will expire on 
November 20, 2017.
    As of November 22, 2015, and in accordance with 49 U.S.C. 31136(e) 
and 31315, Steven R. Auger (NH) has satisfied the renewal conditions 
for obtaining an exemption from the rule prohibiting drivers with ITDM 
from driving CMVs in interstate commerce. (76 FR 63280; 76 FR 76398; 80 
FR 68895).
    This driver was included in docket No. FMCSA-2013-0188. The 
exemption is effective as of November 22, 2015, and will expire on 
November 22, 2017.
    In accordance with 49 U.S.C. 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 and 
31315.

    Issued on: May 17, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-10559 Filed 5-22-17; 8:45 am]
 BILLING CODE 4910-EX-P