Qualification of Drivers; Exemption Applications; Diabetes, 6722-6724 [2018-03032]

Download as PDF 6722 Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices exemption is in effect, no State shall enforce any law or regulation applicable to interstate commerce that conflicts with or is inconsistent with this exemption with respect to a firm or person operating under the exemption. States may, but are not required to, adopt the same exemption with respect to operations in intrastate commerce. Issued on: February 8, 2018. Cathy F. Gautreaux, Deputy Administrator. [FR Doc. 2018–03033 Filed 2–13–18; 8:45 am] BILLING CODE 4910–EX–P 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 Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of renewal of exemptions; request for comments. AGENCY: 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– daltland on DSKBBV9HB2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 22:07 Feb 13, 2018 Jkt 244001 0367; FMCSA–2013–0192; FMCSA– 2015–0340; FMCSA–2015–0341 using any of the following methods: • Federal eRulemaking Portal: Go to https://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 https:// 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 https:// 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 selfaddressed, 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 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. 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 twoyear period to align with the maximum PO 00000 Frm 00216 Fmt 4703 Sfmt 4703 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 E:\FR\FM\14FEN1.SGM 14FEN1 daltland on DSKBBV9HB2PROD with NOTICES Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices 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 VerDate Sep<11>2014 22:07 Feb 13, 2018 Jkt 244001 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) PO 00000 Frm 00217 Fmt 4703 Sfmt 4703 6723 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 selfemployed. 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. E:\FR\FM\14FEN1.SGM 14FEN1 6724 Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices Issued on: February 7, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018–03032 Filed 2–13–18; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration III. Basis for Exemption Determination [Docket No. FMCSA–2018–0005] Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of denials. AGENCY: FMCSA announces its decision to deny applications from 136 individuals who requested an exemption from the vision standard in the Federal Motor Carrier Safety Regulations (FMCSRs) to operate a 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. ET, Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: SUMMARY: daltland on DSKBBV9HB2PROD with NOTICES 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. ET, 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 136 individuals who requested an VerDate Sep<11>2014 22:07 Feb 13, 2018 Jkt 244001 exemption from the vision standard in the FMCSRs. 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)(10). 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 then, 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 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)(10). Therefore, the 136 applicants in this notice have been denied exemptions from the physical qualification standards in 49 CFR 391.41(b)(10). 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 constitute 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 45 had no experience operating a CMV: Rodney B. Allen (RI) Cipriano P. Andrada (NJ) Brandon F. Beck (IL) Charles Berry (CA) Tomas C. Bowen (TX) Jakob T. Boyd (NY) Kurt T. Buckler (MD) Devin A. Cooper (MD) Camden J. Crevier (SD) Adam J. Crull (WA) Robert L. Cruz (TX) Gill Dailey (GA) Jirrell D. Dawson (IL) William A. Dickinson (WA) PO 00000 Frm 00218 Fmt 4703 Sfmt 4703 Rick L. Evans (TX) Cristofer C. Ford (GA) Yonas N. Gevrestadic (WA) Angelo X. Guerrero (IN) Robert L. Irvin (NM) Saul E. Juarez (AZ) Eric S. Kelley (NM) Steven P. Kemper (NY) Mark A. Kuhn (ND) Damian T. Leak (SC) Billy C. Mosley (NC) Lance C. Pepper (AL) James L. Pugh (AL) Chad Quandelacy (NM) Michael L. Randazzo (NJ) Bill D. Redington (MD) Jabrey M. Scott (MO) Rachael Shoriwa (MO) Justice C. Small (IL) Noah M. Taylor (IL) Derrick B. Thompson (AR) Antonio D. Turner (MS) Curt D. Vernon (MO) Kristina M. Walters (PA) Briana R. Wells (MS) Bryon C. Westrup (SD) Daniel J. Wilcox (WA) Tony Wilkerson (NC) Billy J. Williams (SC) John P. Young (VA) John J. Zalusky (TX) The following 18 applicants did not have 3 years of experience driving a CMV on public highways with their vision deficiencies: Donald F. Arteaga, III (CA) Melton L. Brackens (TX) Brian Escobedo (IL) Walter L. Hill (OK) Chelsie L. Knight (MI) Robert A. Lacavich (MO) Anthony A. Medina (NM) Russell R. Michel (TX) Scott R. Mogged (IL) Sidney N. Nyberg (MN) Ronald J. Schmidt (MN) Harry M. Shaw (PA) Willis D. Smith (AR) Randy L. Statler (MO) Shane C. Stine (WA) Tristen M. Trujillo (WY) James A. Walker (AR) Gregory L. Wishmeyer (IA) The following 13 applicants did not have 3 years of recent experience driving a CMV with the vision deficiency: Kevin D. Archibald (IL) Leroy Bennett (GA) Michael A. Cassella (NJ) Steven Edwards (NM) Issac L. Flowers (AL) James J. Fourcher (UT) Patricia J. Martin (OR) Kim A. Pitts (IN) Philip L. Segrave (NC) Sherwood W. Swick (ID) Delano H. Welch (NJ) E:\FR\FM\14FEN1.SGM 14FEN1

Agencies

[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, [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 5:30 
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 https://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 https://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 https://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 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.

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]
 BILLING CODE 4910-EX-P

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