Qualification of Drivers; Exemption Applications; Diabetes, 6712-6715 [2018-03047]
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discussed in detail in the October 11,
2017 Federal Register notice (82 FR
47301) and will not be repeated in this
notice.
These 27 applicants have had ITDM
over a range of one to 63 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.
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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.
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VI. Preemption
DEPARTMENT OF TRANSPORTATION
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.
Federal Motor Carrier Safety
Administration
VII. Conclusion
Based upon its evaluation of the 27
exemption applications, FMCSA
exempts the following drivers from the
diabetes requirement in 49 CFR
391.41(b)(10), subject to the
requirements cited above:
James J. Aden (MN)
Serafim S. Amaral (CA)
John E. Biel (PA)
Adam D. Comer (AR)
Timothy P. Conner (VA)
Miguel P. Flores (WA)
Mark J. Fulks (IA)
Daniel Gonzalez, III (TX)
Chad A. Hayden (IN)
Joseph F. Hubenka (NE)
Galen M. Hurd, III (SC)
Edward S. Jacobs (MI)
Jason D. Jones (OK)
David M. Kelly (MD)
Robert A. Leboffe (PA)
Tanner H. Littlefield (RI)
Veneta K. Mayor (NV)
Randy J. Nekuda (NE)
Thomas M. Reece (NC)
Michael L. Rivera (NY)
Gary L. Robbins (OR)
Eddie Rodriguez, Jr. (TX)
Erwin R. Rud (MN)
Diane L. Simmons (ID)
Russell Van Alphen (MA)
Thomas C. Williams (KS)
Glen E. Wray, Jr. (PA)
Issued on: February 7, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018–03031 Filed 2–13–18; 8:45 am]
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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 186
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–
2009–0290; FMCSA–2009–0289;
FMCSA–2011–0300; FMCSA–2013–
0190; FMCSA–2013–0191; FMCSA–
2015–0338; FMCSA–2015–0339;
FMCSA–2015–0340 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,
SUMMARY:
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.
BILLING CODE 4910–EX–P
[Docket No. FMCSA–2009–0290; FMCSA–
2009–0289; FMCSA–2011–0300; FMCSA–
2013–0190; FMCSA–2013–0191; FMCSA–
2015–0338; FMCSA–2015–0339; FMCSA–
2015–0340]
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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 from
the FMCSRs for a five-year period 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
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 186 individuals listed in this
notice have requested renewal of their
exemptions from the diabetes standard
in 49 CFR 391.41(b)(3), in accordance
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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 186 applicants
has satisfied the renewal conditions for
obtaining an exemption from the
diabetes requirement (74 FR 55890; 74
FR 65836; 75 FR 1449; 75 FR 4622; 76
FR 71112; 77 FR 532; 78 FR 65034; 78
FR 68139; 79 FR 3917; 79 FR 4807; 80
FR 77408; 80 FR 79402; 80 FR 81415;
80 FR 81667). 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
the month of January and are discussed
below:
As of January 5, 2018, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 16 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 71112; 77 FR 532; 80 FR 81667):
Mark A. Aspden (MA)
Rodney C. Backus (NY)
Gary L. Breitenbach (SC)
Gerald R. Curran (PA)
Matthew G. Denisov (NC)
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6713
Steven W. Gerling (IA)
Jackie D. Greenlee (MO)
Gregory L. Horton (GA)
Justin W. Jackson (OK)
David T. Kylander (MO)
Kevin A. Perdue (MD)
Michael E. Pleak (IN)
Christopher C. Stephenson (KS)
Todd J. Timmerman (WI)
Richard L. White (MS)
Paul A. Wright (NY)
The drivers were included in docket
number FMCSA–2011–0300. Their
exemptions are applicable as of January
5, 2018, and will expire on January 5,
2020.
As of January 11, 2018, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 23 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 55890; 75 FR 1449; 80 FR 81667):
Eric M. Butz (OH)
Rita A. Cefaratti (CT)
Gerald F. Crowley (NY)
Scott J. Denham (MN)
Larry E. Dickerson (GA)
David E. Ginter (PA)
William H. Goebel (IA)
Joseph L. Gray, III (PA)
Ryan R. Harris (IA)
Carroll J. Hartsell (WV)
Keith M. Huels (AZ)
Daniel R. Jackson (PA)
Curtis W. Keelin, Jr. (WY)
Patrick J. Krueger (WI)
Tammy Lynn F. Manuel (SC)
Francisco J. Martinez (MA)
Andrew W. Myer (NE)
Chad A. Nelson (UT)
David W. Olson (AZ)
Mark E. Pascoe (WI)
Terry L. Riddell (IN)
Roger L. Summerfield (WI)
Jimmy P. Wright (TX)
The drivers were included in docket
number FMCSA–2009–0289. Their
exemptions are applicable as of January
11, 2018, and will expire on January 11,
2020.
As of January 14, 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
(80 FR 77408):
Jessie L. Arrant, Jr. (GA)
Joseph M. Benech (RI)
Shane M. Burgard (MN)
Wesley O. Davis (SC)
Steven P. DelPizzo (PA)
Gregory P. Doyle (CO)
Timothy D. Funk (IL)
Diane M. Greenberg (VA)
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Brent P. Griswold (NY)
Earl E. Hudson, III (SC)
Gregory A. Huffman (TX)
Robert D. Lair, Jr. (AR)
Mark A. Leman (IL)
Michael S. Massa (PA)
Derek D. Patrick (MI)
Joseph M. Petrucci (NH)
James W. Prather (OH)
Edward O. Prosser (RI)
Dennis L. Ruff (WA)
William J. Shrader (CA)
Ronald L. Smith (KS)
Wayne D. Smith (VT)
Carnnell A. Taite (MI)
Robert S. Townsend (NH)
Zachary C. Warrick (NE)
Zachary C. White (CA)
The drivers were included in docket
number FMCSA–2015–0338. Their
exemptions are applicable as of January
14, 2018, and will expire on January 14,
2020.
As of January 21, 2018, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 35 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 79402):
Randall S. Blight (MI)
George S. Callahan (IN)
Myron D. Collins (CO)
Paul E. Costello (NE)
Pete J. Dewitt (CA)
Frank A. Earullo (IL)
Isadios P. Harris (NJ)
David A. Heine (ND)
Logan L. Jackson (CA)
Elie Jean (NJ)
Dean L. Jerpseth (MN)
Terrence P. Lescamela (MI)
Russell D. Logan (NC)
Tommaso Maccarrone (NJ)
Raymond Mendez (NY)
Anthony J. Miller (PA)
Marlin D. Milliken (PA)
Charles A. Mims (AL)
Gustavo A. Mojica (FL)
Timmothy S. Pederson (SD)
Carlos J. Perez-Beltran (PA)
Seth A. Piel (WI)
Carlos M. Pinto, (NY)
Peter C. Poungded (CA)
Michael D. Prestby (IA)
Wilson Rosado (IN)
Jason G. Ross (CA)
Sandra J. Sexton (IL)
Jacob A. Small (NJ)
Dale L. Vaughan (MO)
Tyler J. Vogt (IL)
Christoph Wagner (NJ)
Russell J. Welke (WI)
Donald L. Westbrook (PA)
David M. Wike (NC)
The drivers were included in docket
number FMCSA–2015–0339. Their
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exemptions are applicable as of January
21, 2018, and will expire on January 21,
2020.
As of January 23, 2018, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 12 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 65034; 79 FR 3917; 80 FR 81667):
Clair H. Gilmore (WA)
Michael Kollos (MN)
Daniel T. Lindahl (WI)
James F. McSweeney (NH)
Eric W. Miller (IN)
William J. Rodgers (PA)
Mark A. Rosenau (MN)
Daniel B. Shaw (FL)
John C. Thomas (IN)
Richard Wasko (FL)
Douglas E. Wilhoit (PA)
Richard A. Wilk (OH)
The drivers were included in docket
number FMCSA–2015–0338. Their
exemptions are applicable as of January
23, 2018, and will expire on January 23,
2020.
As of January 28, 2018, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 21 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 65836; 75 FR 4622; 80 FR 81667):
Bob A. Bauer (WI)
Michael P. Berger (ND)
William D. Blosch (GA)
Victor M. Brunner (WI)
Tom L. Cooley (KS)
Robert G. Dohman, Jr. (ND)
Danny E. Edmonson (GA)
Andrew C. Everett (AZ)
Donald W. Hansen (ND)
Joseph S. Hernandez (NM)
Jordan T. Johnston (IN)
Jere W. Kirkpatrick (OH)
Kyle A. Leach (NE)
Robert J. Lewis, Jr. (VT)
Stacy R. Oberholzer (PA)
Michael S. Ogle (GA)
Walter L. Patrick (TN)
Richard A. Piercefield, Sr. (MI)
Kevin A. Roginski (PA)
Bruce M. Stockton (MO)
Todd R. Vickers (MD)
The drivers were included in docket
number FMCSA–2009–0290. Their
exemptions are applicable as of January
28, 2018, and will expire on January 28,
2020.
As of January 29, 2018, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 53 individuals
have satisfied the renewal conditions for
obtaining an exemption from the rule
prohibiting drivers with ITDM from
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driving CMVs in interstate commerce
(78 FR 68139; 79 FR 4807; 80 FR 81415;
80 FR 81667):
Elmer W. Barrall (DE)
Earl Bland (MO)
Kevin Bracken (PA)
Donald L. Callahan (KY)
Robert A. Collins (NJ)
Michael A. Craig (NC)
Roderick E. Dean (NJ)
Edward C. DeFrancesco (CT)
Eugene N. Dirl (PA)
Kevin F. Dykes (MA)
Jonathan Eggers (MN)
Richard L. Engle (KY)
Christopher J. Frank (NY)
Matthew E. Fry (KS)
Gilbert N. Fugate (IN)
Scott C. Garbiel (ME)
Al Glover, Jr. (LA)
Jimmy H. Goacher (NC)
Jim B. Gonzalez (OR)
William F. Hamann (KY)
Nathaniel K. Hamilton (TX)
Michael D. Henry (OH)
Jon C. Hicks (PA)
Kevin F. Hoffman (PA)
Jerry A. Huffman (NC)
Daurell A. Jones (MD)
Jerry J. Klosterman (OH)
Joseph E. Kolb (NY)
Larry C. Krueger (NE)
Chad M. Kuck (AK)
Craig A. Lemponen (OH)
Donald R. Leonard Jr. (NH)
Matthew P. Ludwig (NY)
Keith B. Masters (NH)
Sandra R. Moultrie (GA)
Jeffrey A. Olson (IA)
Howard L. Peacock (KS)
Chauncey W. Pittman (IN)
Brandon C. Rhinehart (MD)
James E. Richardson (NY)
Gerald C. Rosencrans (PA)
Henry J. Russo (NJ)
Richard G. Schumann (NJ)
Donald R. Sine, Jr. (WV)
Jefferson L. Smith (MA)
Troy T. Sunnarborg (MN)
Dennis E. Taunton (ID)
Phillip A. Trent (VA)
Deborah D. Watson (MI)
Ronnie C. Webb (MT)
William R. White (MI)
Curtis L. Worsfold (NE)
Jason D. Zagorski (NC)
The drivers were included in docket
numbers FMCSA–2013–0191; FMCSA–
2015–0340. Their exemptions are
applicable as of January 29, 2018, and
will expire on January 29, 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
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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 186
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.
Issued on: February 7, 2018.
Larry W. Minor,
Associate Administrator for Policy.
BILLING CODE 4910–EX–P
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DEPARTMENT OF TRANSPORTATION
[Docket No. FMCSA–2018–0021]
Qualification of Drivers; Exemption
Applications; Diabetes
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
AGENCY:
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III. Basis for Exemption Determination
Notice of denials.
FMCSA announces its
decision to deny applications from 97
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.
SUMMARY:
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.
FOR FURTHER INFORMATION CONTACT:
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
[FR Doc. 2018–03047 Filed 2–13–18; 8:45 am]
Federal Motor Carrier Safety
Administration
ACTION:
FMCSA received applications from 97
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).
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6715
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
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 97
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 12 applicants met the
diabetes requirements of 49 CFR
391.41(b)(3) and do not need an
exemption:
Jerome E. Bembry (FL)
Scott J. Blair (MI)
Bryan D. Cash (MI)
John C. Czar (PA)
James P. Despirito (PA)
Lawrence Jackson (MO)
Curtis L. Jones (NY)
Wesley A. McLaughlin (PA)
Francisco Paz (TX)
Keith R. Smith (MN)
Eloy O. Valdez (CA)
Matthew Windle (GA)
The following 55 applicants were not
operating CMVs in interstate commerce:
Warren E. Akiona (WA)
Mohammed B. Alnounou (MI)
Robert F. Aubert (IA)
David G. Barclay (PA)
Roy E. Barticciotto (NY)
Lucrecia Bethea (NJ)
Michael A. Bogardus (NY)
Vincent F. Brewer (MI)
E:\FR\FM\14FEN1.SGM
14FEN1
]]>Agencies
[Federal Register Volume 83, Number 31 (Wednesday, February 14, 2018)]
[Notices]
[Pages 6712-6715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03047]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2009-0290; FMCSA-2009-0289; FMCSA-2011-0300; FMCSA-
2013-0190; FMCSA-2013-0191; FMCSA-2015-0338; FMCSA-2015-0339; FMCSA-
2015-0340]
Qualification of Drivers; Exemption Applications; Diabetes
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of renewal of exemptions; request for comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to renew exemptions for 186
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-2009-0290; FMCSA-2009-0289;
FMCSA-2011-0300; FMCSA-2013-0190; FMCSA-2013-0191; FMCSA-2015-0338;
FMCSA-2015-0339; FMCSA-2015-0340 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,
[[Page 6713]]
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
from the FMCSRs for a five-year period 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 186 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 186 applicants has satisfied the renewal conditions for obtaining
an exemption from the diabetes requirement (74 FR 55890; 74 FR 65836;
75 FR 1449; 75 FR 4622; 76 FR 71112; 77 FR 532; 78 FR 65034; 78 FR
68139; 79 FR 3917; 79 FR 4807; 80 FR 77408; 80 FR 79402; 80 FR 81415;
80 FR 81667). 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 the month of January
and are discussed below:
As of January 5, 2018, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 16 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 71112; 77 FR
532; 80 FR 81667):
Mark A. Aspden (MA)
Rodney C. Backus (NY)
Gary L. Breitenbach (SC)
Gerald R. Curran (PA)
Matthew G. Denisov (NC)
Steven W. Gerling (IA)
Jackie D. Greenlee (MO)
Gregory L. Horton (GA)
Justin W. Jackson (OK)
David T. Kylander (MO)
Kevin A. Perdue (MD)
Michael E. Pleak (IN)
Christopher C. Stephenson (KS)
Todd J. Timmerman (WI)
Richard L. White (MS)
Paul A. Wright (NY)
The drivers were included in docket number FMCSA-2011-0300. Their
exemptions are applicable as of January 5, 2018, and will expire on
January 5, 2020.
As of January 11, 2018, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 23 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 55890; 75 FR
1449; 80 FR 81667):
Eric M. Butz (OH)
Rita A. Cefaratti (CT)
Gerald F. Crowley (NY)
Scott J. Denham (MN)
Larry E. Dickerson (GA)
David E. Ginter (PA)
William H. Goebel (IA)
Joseph L. Gray, III (PA)
Ryan R. Harris (IA)
Carroll J. Hartsell (WV)
Keith M. Huels (AZ)
Daniel R. Jackson (PA)
Curtis W. Keelin, Jr. (WY)
Patrick J. Krueger (WI)
Tammy Lynn F. Manuel (SC)
Francisco J. Martinez (MA)
Andrew W. Myer (NE)
Chad A. Nelson (UT)
David W. Olson (AZ)
Mark E. Pascoe (WI)
Terry L. Riddell (IN)
Roger L. Summerfield (WI)
Jimmy P. Wright (TX)
The drivers were included in docket number FMCSA-2009-0289. Their
exemptions are applicable as of January 11, 2018, and will expire on
January 11, 2020.
As of January 14, 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 (80 FR 77408):
Jessie L. Arrant, Jr. (GA)
Joseph M. Benech (RI)
Shane M. Burgard (MN)
Wesley O. Davis (SC)
Steven P. DelPizzo (PA)
Gregory P. Doyle (CO)
Timothy D. Funk (IL)
Diane M. Greenberg (VA)
[[Page 6714]]
Brent P. Griswold (NY)
Earl E. Hudson, III (SC)
Gregory A. Huffman (TX)
Robert D. Lair, Jr. (AR)
Mark A. Leman (IL)
Michael S. Massa (PA)
Derek D. Patrick (MI)
Joseph M. Petrucci (NH)
James W. Prather (OH)
Edward O. Prosser (RI)
Dennis L. Ruff (WA)
William J. Shrader (CA)
Ronald L. Smith (KS)
Wayne D. Smith (VT)
Carnnell A. Taite (MI)
Robert S. Townsend (NH)
Zachary C. Warrick (NE)
Zachary C. White (CA)
The drivers were included in docket number FMCSA-2015-0338. Their
exemptions are applicable as of January 14, 2018, and will expire on
January 14, 2020.
As of January 21, 2018, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 35 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 79402):
Randall S. Blight (MI)
George S. Callahan (IN)
Myron D. Collins (CO)
Paul E. Costello (NE)
Pete J. Dewitt (CA)
Frank A. Earullo (IL)
Isadios P. Harris (NJ)
David A. Heine (ND)
Logan L. Jackson (CA)
Elie Jean (NJ)
Dean L. Jerpseth (MN)
Terrence P. Lescamela (MI)
Russell D. Logan (NC)
Tommaso Maccarrone (NJ)
Raymond Mendez (NY)
Anthony J. Miller (PA)
Marlin D. Milliken (PA)
Charles A. Mims (AL)
Gustavo A. Mojica (FL)
Timmothy S. Pederson (SD)
Carlos J. Perez-Beltran (PA)
Seth A. Piel (WI)
Carlos M. Pinto, (NY)
Peter C. Poungded (CA)
Michael D. Prestby (IA)
Wilson Rosado (IN)
Jason G. Ross (CA)
Sandra J. Sexton (IL)
Jacob A. Small (NJ)
Dale L. Vaughan (MO)
Tyler J. Vogt (IL)
Christoph Wagner (NJ)
Russell J. Welke (WI)
Donald L. Westbrook (PA)
David M. Wike (NC)
The drivers were included in docket number FMCSA-2015-0339. Their
exemptions are applicable as of January 21, 2018, and will expire on
January 21, 2020.
As of January 23, 2018, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 12 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 65034; 79 FR
3917; 80 FR 81667):
Clair H. Gilmore (WA)
Michael Kollos (MN)
Daniel T. Lindahl (WI)
James F. McSweeney (NH)
Eric W. Miller (IN)
William J. Rodgers (PA)
Mark A. Rosenau (MN)
Daniel B. Shaw (FL)
John C. Thomas (IN)
Richard Wasko (FL)
Douglas E. Wilhoit (PA)
Richard A. Wilk (OH)
The drivers were included in docket number FMCSA-2015-0338. Their
exemptions are applicable as of January 23, 2018, and will expire on
January 23, 2020.
As of January 28, 2018, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 21 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 65836; 75 FR
4622; 80 FR 81667):
Bob A. Bauer (WI)
Michael P. Berger (ND)
William D. Blosch (GA)
Victor M. Brunner (WI)
Tom L. Cooley (KS)
Robert G. Dohman, Jr. (ND)
Danny E. Edmonson (GA)
Andrew C. Everett (AZ)
Donald W. Hansen (ND)
Joseph S. Hernandez (NM)
Jordan T. Johnston (IN)
Jere W. Kirkpatrick (OH)
Kyle A. Leach (NE)
Robert J. Lewis, Jr. (VT)
Stacy R. Oberholzer (PA)
Michael S. Ogle (GA)
Walter L. Patrick (TN)
Richard A. Piercefield, Sr. (MI)
Kevin A. Roginski (PA)
Bruce M. Stockton (MO)
Todd R. Vickers (MD)
The drivers were included in docket number FMCSA-2009-0290. Their
exemptions are applicable as of January 28, 2018, and will expire on
January 28, 2020.
As of January 29, 2018, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 53 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 68139; 79 FR
4807; 80 FR 81415; 80 FR 81667):
Elmer W. Barrall (DE)
Earl Bland (MO)
Kevin Bracken (PA)
Donald L. Callahan (KY)
Robert A. Collins (NJ)
Michael A. Craig (NC)
Roderick E. Dean (NJ)
Edward C. DeFrancesco (CT)
Eugene N. Dirl (PA)
Kevin F. Dykes (MA)
Jonathan Eggers (MN)
Richard L. Engle (KY)
Christopher J. Frank (NY)
Matthew E. Fry (KS)
Gilbert N. Fugate (IN)
Scott C. Garbiel (ME)
Al Glover, Jr. (LA)
Jimmy H. Goacher (NC)
Jim B. Gonzalez (OR)
William F. Hamann (KY)
Nathaniel K. Hamilton (TX)
Michael D. Henry (OH)
Jon C. Hicks (PA)
Kevin F. Hoffman (PA)
Jerry A. Huffman (NC)
Daurell A. Jones (MD)
Jerry J. Klosterman (OH)
Joseph E. Kolb (NY)
Larry C. Krueger (NE)
Chad M. Kuck (AK)
Craig A. Lemponen (OH)
Donald R. Leonard Jr. (NH)
Matthew P. Ludwig (NY)
Keith B. Masters (NH)
Sandra R. Moultrie (GA)
Jeffrey A. Olson (IA)
Howard L. Peacock (KS)
Chauncey W. Pittman (IN)
Brandon C. Rhinehart (MD)
James E. Richardson (NY)
Gerald C. Rosencrans (PA)
Henry J. Russo (NJ)
Richard G. Schumann (NJ)
Donald R. Sine, Jr. (WV)
Jefferson L. Smith (MA)
Troy T. Sunnarborg (MN)
Dennis E. Taunton (ID)
Phillip A. Trent (VA)
Deborah D. Watson (MI)
Ronnie C. Webb (MT)
William R. White (MI)
Curtis L. Worsfold (NE)
Jason D. Zagorski (NC)
The drivers were included in docket numbers FMCSA-2013-0191; FMCSA-
2015-0340. Their exemptions are applicable as of January 29, 2018, and
will expire on January 29, 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
[[Page 6715]]
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 186 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.
Issued on: February 7, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-03047 Filed 2-13-18; 8:45 am]
BILLING CODE 4910-EX-P
