Qualification of Drivers; Exemption Applications; Diabetes, 17889-17892 [2018-08514]
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Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Notices
driving, for presentation to a duly
authorized Federal, State, or local
enforcement official.
VI. Preemption
During the period the exemption is in
effect, no State shall enforce any law or
regulation that conflicts with this
exemption with respect to a person
operating under the exemption.
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VII. Conclusion
17:03 Apr 23, 2018
Issued on: April 18, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018–08516 Filed 4–23–18; 8:45 am]
BILLING CODE 4910–EX–P
Based upon its evaluation of the 43
exemption applications, FMCSA
exempts the following drivers from the
diabetes requirement in 49 CFR
391.41(b)(10), subject to the
requirements cited above:
John H. Armstead (MT)
Christopher M. Barton (NH)
Gary E. Bennett (NC)
Teresa M. Billig (PA)
Deanne M. Burris (CT)
Clarence L. Canty, Jr. (NJ)
Sergio Carrasco (TX)
Phillip B. Claro (IL)
William D. Cucinello (AK)
Brian L. Culver (IA)
Richard L. Dalrymple (WI)
Delmar W. Daoust, Jr. (FL)
Shanay M. Davis (NJ)
Daniel Drozdowski (PA)
Christopher R. Everitt (OH)
Quitman Gardner, Jr. (MS)
Charles E. Goldbolt (LA)
William A. Gordon (VA)
John T. Green, Jr. (FL)
Rick E. Hammond (MO)
Robert W. Harkins (PA)
Leonard C. Harris (NE)
Byron K. Hicks (VA)
Howard L. Hill (TX)
Marcus E. Hughes (NM)
Ernest T. Johnson (IL)
Kevin J. Lotz (IL)
Mitchell R. McCormick (CA)
Marsdon J. Mercury (NY)
Jeffrey J. Mezzacappa (NJ)
Anthony A. Opipare (PA)
Mark C. Payne (IN)
Robert L. Pieri (PA)
Rick J. Poillucci (IL)
Rafael Santiago (FL)
Nathan M. Schaffer (MO)
Timothy J. Somers (WA)
Wade L. Swenson (TX)
Patrick A. Turner (GA)
Andrew A. Utley (IA)
Daniel J. Ward (IN)
David G. White (AL)
Rocky L. Wood (AR)
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
VerDate Sep<11>2014
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.
Jkt 244001
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2009–0322; FMCSA–
2010–0051; FMCSA–2012–0042; FMCSA–
2012–0043; FMCSA–2014–0012; FMCSA–
2014–0013; FMCSA–2014–0014; FMCSA–
2014–0015; FMCSA–2016–0035; FMCSA–
2016–0036]
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 197
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 May 24, 2018.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA–
2009–0322; FMCSA–2010–0051;
FMCSA–2012–0042; FMCSA–2012–
0043; FMCSA–2014–0012; FMCSA–
2014–0013; FMCSA–2014–0014;
FMCSA–2014–0015; FMCSA–2016–
0035; FMCSA–2016–0036 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.
SUMMARY:
PO 00000
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17889
• 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.
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.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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
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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 197 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.
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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 197 applicants
has satisfied the renewal conditions for
obtaining an exemption from the
diabetes requirement (75 FR 13647; 75
FR 14652; 75 FR 27616; 75 FR 28684;
77 FR 17111; 77 FR 18302; 77 FR 27841;
77 FR 29446; 79 FR 10612; 79 FR 14579;
79 FR 18400; 79 FR 22573; 79 FR 27685;
79 FR 28590; 79 FR 29262; 79 FR 35855;
81 FR 21649; 81 FR 24161; 81 FR 59723;
82 FR 20966; 82 FR 24434). 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
VerDate Sep<11>2014
17:03 Apr 23, 2018
Jkt 244001
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 May and are discussed
below:
As of May 11, 2018, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following seven 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 17111; 77 FR 27841; 82 FR
24434):
John G. Hager, Jr. (NJ)
Charles C. Carver (MN)
Benjamin Kimbrough (KS)
Jeffery J. Lawrie (OH)
Raymond Pittman, Jr. (IL)
Robert J. Socha (NE)
Thomas C. Torbett (MO)
The drivers were included in docket
number FMCSA–2012–0042. Their
exemptions are applicable as of May 11,
2018, and will expire on May 11, 2020.
As of May 13, 2018, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 30 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 21649; 82 FR 20966):
William M. Adams (SC)
Phillip J. Boruszewski (IL)
Kenneth H. Brown (NY)
Alfred S. Church, Jr. (IN)
James R. Conley (IN)
Irvin L. Davis (VA)
Richard J. Dudzenski (PA)
William M. Dutton (ND)
Richard W. Favier (CT)
Richard G. Fiscus, Jr. (MA)
Raymond C. Hartill (WA)
Todd E. Himebauch (IL)
John R. Hofmann, Jr. (IL)
Matthew E. Ingham (WA)
Grant L. Jensen (SD)
Victor E. Kaneps (CO)
Albert J. Laubauskas (NJ)
Michael M. Lillie (MI)
Barrington F. Mahabee (NY)
Robert J. Marnell (IA)
Clayton E. McCoy (TX)
Scott A. Newell (MI)
Braydon D. Paytas (UT)
William J. Pratt (MN)
Kyle L. Roy (OH)
Jerry G. Smith (NC)
William J. Taylor (IN)
Roy E. Tompkins (NY)
Vasilios Tsimis (NY)
Craig J. Voudren (VA)
The drivers were included in docket
number FMCSA–2016–0035. Their
exemptions are applicable as of May 13,
2018, and will expire on May 13, 2020.
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As of May 14, 2018, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 19 individuals
have satisfied the renewal conditions for
obtaining an exemption from the rule
prohibiting drivers with ITDM from
driving CMVs in interstate commerce
(79 FR 10612; 79 FR 27685; 82 FR
24434):
Todd L. Brandt (IL)
Dean G. Brekhus (ND)
Angie M. Carrington (IL)
Samuel J. Desmond (RI)
John F. Fedorchak, Jr. (PA)
Derek W. Frazier (IA)
Michael G. Haugen (WI)
Timothy S. Hinkhouse (NE)
Douglas R. Lane (NY)
Jonathon W. Luebke (WI)
Brion T. Maguire (PA)
Jacob R. Martin (MO)
John C. May (NE)
Angel F. Morales (CO)
Slobodan Pavlovich (WA)
Darryl W. Peppers (IN)
Bradley S. Pletcher (PA)
Hank D. Rose, Jr. (NC)
Joshua R. Wiery (OH)
The drivers were included in docket
number FMCSA–2014–0012. Their
exemptions are applicable as of May 14,
2018, and will expire on May 14, 2020.
As of May 16, 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
(79 FR 14579; 79 FR 28590; 82 FR
24434):
Schylor M. Altenhofen (IA)
Don R. Anderson, III (IN)
Thomas A. Barnes (MI)
Alvin L. Carpenter (MT)
Richard J. D’Ambrosia (NY)
Jefferey F. Deane (MA)
Bradley J. Frazier (IL)
Carl R. Gentry (WA)
Robert M. Hutchison (NY)
Craig A. Keese, Jr. (NY)
Amos L. Lapp (PA)
Edward J. Lulay (IL)
Donald S. Middleton (MO)
Alva D. Moffatt (WA)
Antonio Pepiciello (NY)
James K. Popp (MN)
Dustin P. Russell (PA)
Sean L. Shidell (WI)
Randall L. Schultz (MO)
Chad B. Spidell (PA)
Cameron M. Sprinkle (IN)
Douglas E. Stewart (MS)
Thomas L. Williams (MN)
The drivers were included in docket
number FMCSA–2014–0013. Their
exemptions are applicable as of May 16,
2018, and will expire on May 16, 2020.
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Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Notices
As of May 17, 2018, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 27 individuals
have satisfied the renewal conditions for
obtaining an exemption from the rule
prohibiting drivers with ITDM from
driving CMVs in interstate commerce
(75 FR 13647; 75 FR 27616; 77 FR
18302; 77 FR 29446; 82 FR 24434):
Mark S. Boettcher (MN)
Steven C. Boudreau (MA)
Roy L. Brokaw (WI)
Chris D. Chambers (LA)
Charles A. Cinert, Sr. (IL)
Dale J. Cleaver (PA)
Bert R. Duncan, II (UT)
Lance L. Fuller (MN)
Johnny Gardner, Jr. (SC)
Mark D. Golden (MI)
Nathaniel W. Gorham (IN)
DeVere E. Hansen (UT)
Grant C. Huftalin (IA)
Steven M. Janczak (WI)
Sheldon R. Koehn (KS)
Jason R. Kropp (OK)
Adolfo Moreno, Jr. (WA)
John W. Morrison (CA)
Bruce V. Oppegard (MN)
Steven G. Petersen (MN)
Damian J. Porter (NY)
David L. Rice (ME)
Wayne F. Richards (PA)
Gary G. Siornen (MT)
Rodney L. Stoltenberg (IA)
Wade D. Street (MT)
Stanley C. Tarvidas (IL)
The drivers were included in docket
numbers FMCSA–2009–0322; FMCSA–
2012–0043. Their exemptions are
applicable as of May 17, 2018, and will
expire on May 17, 2020.
As of May 21, 2018, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 42 individuals
have satisfied the renewal conditions for
obtaining an exemption from the rule
prohibiting drivers with ITDM from
driving CMVs in interstate commerce
(75 FR 14652; 75 FR 28684; 79 FR
18400; 79 FR 29262; 82 FR 24434):
Douglas L. Atkins (GA)
Bradley E. Bradshaw (NC)
Robert L. Buol (IA)
Carlos V. Candelaria (NM)
Suellen M. Civiello (ME)
Michael T. Clements (WI)
Daniel G. Conery (NJ)
James R. Crawford (WA)
Alan Curtis (UT)
David P. Dengate (PA)
Alan D. Ekberg (NE)
Neil G. Ford (PA)
Alden J. Haskins, Sr. (MD)
James Herrada (NE)
Gary W. Hochstein (MN)
Harold D. Hoggard, II (PA)
Terry L. Horn (NC)
Gerald A. Johnson (WI)
VerDate Sep<11>2014
17:03 Apr 23, 2018
Jkt 244001
Frank J. Katzbeck (IL)
Cory M. Kobernick (KY)
Thomas G. Lamberton (WA)
James K. Libke (IN)
Gordon E. Lindley (WY)
Edwin H. Maranville (OR)
Joseph R. Marcelewski (OH)
David R. Norton (OH)
Eugene P. OQuendo (MA)
Curtis J. Pitt (OR)
Larry J. Reese (PA)
William O. Ruiz, III (AZ)
James P. Rushing, Jr. (VA)
Harold D. Russman (SD)
Hector M. Sanchez (NM)
Scott W. Shindledecker (IN)
Shirliann F. Skroch (NV)
Ross L. Smith, Sr. (NJ)
Christopher Starghill (DC)
Richard L. Stark (OH)
Philip E. Stegeman (ID)
Brandon L. Weaver (PA)
Matthew G. Williams (KY)
Michael B. Wilson (OH)
The drivers were included in docket
numbers FMCSA–2010–0051; FMCSA–
2014–0014. Their exemptions are
applicable as of May 21, 2018, and will
expire on May 21, 2020.
As of May 23, 2018, and in
accordance with 49 U.S.C. 31136(e) and
31315, Derald E. Moenning, (NE) has
satisfied the renewal conditions for
obtaining an exemption from the rule
prohibiting drivers with ITDM from
driving CMVs in interstate commerce
(79 FR 22573; 79 FR 35855; 82 FR
24434).
The driver was included in docket
number FMCSA–2014–0015. The
exemption is applicable as of May 23,
2018, and will expire on May 23, 2020.
As of May 26, 2018, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 48 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 24161; 81 FR 59723):
Thomas H. Adams, Jr. (PA)
Spencer L. Bates (VT)
Hobert P. Bates (TX)
Erik E. Baumgart (NE)
Robert T. Birch (PA)
Frank A. Borchers (NJ)
Nathan P. Broussard (KS)
Rodney J. Brown (VA)
Nicholas M. Catizone (MA)
Michael J. Christians (MN)
William R. Faller (PA)
Stephen L. Fehr (IL)
Stephen P. Glenning (FL)
Kevin B. Green (TN)
Dusty R. Grover (ID)
Robert W. Guccion (IA)
Andy H. Harnden (WA)
Russell D. Hartley (KS)
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17891
Eric D. Hulst (SD)
Stephen J. Hyde, Sr. (MA)
Steven G. Jackson (IN)
Michelle Jenkins (MA)
Robert C. Jones (VA)
Paul M. Joyce (MA)
Steven W. Keech (PA)
David O. Ludwig (ND)
Marvin D. Mitchell (WA)
Jack D. Moore (WV)
Matthew A. Neidermeier (FL)
Thomas M. Noon (MI)
Ronald A. Ortiz (CA)
Michael V. Palmer (NY)
LeRonne Pegues (IL)
John D. Penrod (SD)
Thomas M. Peterson (NE)
Gregory S. Potter (MO)
Lisa M. Reynolds (CO)
Martina M. Sanchez (NY)
Daniel J. Sing (OH)
Mark W. Smith (PA)
Larry E. Sorrells (VA)
Michael R. Thomen (OH)
Charles E. Tillman, Jr. (FL)
Monte D. Trout (WA)
Aaron M. Trudeau (MT)
Thomas M. Waldron (MA)
David M. Wilfeard II (NY)
Deborah C. Williams (NJ)
The drivers were included in docket
number FMCSA–2016–0036. Their
exemptions are applicable as of May 26,
2018, and will expire on May 26, 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
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(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 197
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: April 18, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018–08514 Filed 4–23–18; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2011–0368; FMCSA–
2011–0381; FMCSA–2013–0192; FMCSA–
2013–0193]
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 for 77
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.
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
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SUMMARY:
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17:03 Apr 23, 2018
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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: https://
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 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
On February 14, 2018, FMCSA
published a notice announcing its
decision to renew exemptions for 77
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 (83 FR 6692).
The public comment period ended on
March 16, 2018, 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.
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IV. Conclusion
Based upon its evaluation of the 77
renewal exemption applications and
comments 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
391.64(3):
In accordance with 49 U.S.C. 31136(e)
and 31315, the following groups of
drivers received renewed exemptions in
the month of March and are discussed
below:
As of March 5, 2018, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 31 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 79062; 79 FR 12567; 81 FR
14210):
David E. Ames (IL)
Christopher D. Burks (MA)
Larry D. Burton (IL)
Anthony D. Chrisley (CA)
Henry Collins (MO)
John B. Conway, Jr. (NC)
Douglas E. Erney (IN)
William C. Flom (IA)
Brian A. Griep (IA)
Ronnie Harrington (MS)
Andrew P. Hines (OH)
Aaron C. Kaplan (CA)
Sigmund E. Keller (NY)
Derl T. Martin (MO)
Ronald E. Mullard (AL)
Justin C. Orr (OH)
Kevin L. Otto (OH)
Larry H. Painter (PA)
Robert K. Patterson (IA)
Albert M. Purdy (PA)
Adam Ranzy (MO)
Thomas F. Scanlon (NJ)
Harrison G. Simmons (MO)
Scott A. Stout (FL)
Walter D. Strang, IV (CT)
Mark A. Torres (MA)
Eric A. Vernon (IA)
Marvin L. Vonk (IA)
Kelly J. Walstad (MN)
John R. Wappes (OH)
Rickey A. Wulf (IA)
The drivers were included in docket
number FMCSA–2013–0193. Their
exemptions are applicable as of March
5, 2018, and will expire on March 5,
2020.
As of March 7, 2018, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 34 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 3549; 77 FR 13685; 78 FR 78479;
79 FR 13086; 81 FR 14210):
E:\FR\FM\24APN1.SGM
24APN1
]]>Agencies
[Federal Register Volume 83, Number 79 (Tuesday, April 24, 2018)]
[Notices]
[Pages 17889-17892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08514]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2009-0322; FMCSA-2010-0051; FMCSA-2012-0042; FMCSA-
2012-0043; FMCSA-2014-0012; FMCSA-2014-0013; FMCSA-2014-0014; FMCSA-
2014-0015; FMCSA-2016-0035; FMCSA-2016-0036]
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 197
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 May 24,
2018.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2009-0322; FMCSA-2010-0051;
FMCSA-2012-0042; FMCSA-2012-0043; FMCSA-2014-0012; FMCSA-2014-0013;
FMCSA-2014-0014; FMCSA-2014-0015; FMCSA-2016-0035; FMCSA-2016-0036
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.
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.
SUPPLEMENTARY INFORMATION:
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
[[Page 17890]]
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 197 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 197 applicants has satisfied the renewal conditions for obtaining
an exemption from the diabetes requirement (75 FR 13647; 75 FR 14652;
75 FR 27616; 75 FR 28684; 77 FR 17111; 77 FR 18302; 77 FR 27841; 77 FR
29446; 79 FR 10612; 79 FR 14579; 79 FR 18400; 79 FR 22573; 79 FR 27685;
79 FR 28590; 79 FR 29262; 79 FR 35855; 81 FR 21649; 81 FR 24161; 81 FR
59723; 82 FR 20966; 82 FR 24434). 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 May and
are discussed below:
As of May 11, 2018, and in accordance with 49 U.S.C. 31136(e) and
31315, the following seven 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 17111; 77 FR
27841; 82 FR 24434):
John G. Hager, Jr. (NJ)
Charles C. Carver (MN)
Benjamin Kimbrough (KS)
Jeffery J. Lawrie (OH)
Raymond Pittman, Jr. (IL)
Robert J. Socha (NE)
Thomas C. Torbett (MO)
The drivers were included in docket number FMCSA-2012-0042. Their
exemptions are applicable as of May 11, 2018, and will expire on May
11, 2020.
As of May 13, 2018, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 30 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 21649; 82 FR
20966):
William M. Adams (SC)
Phillip J. Boruszewski (IL)
Kenneth H. Brown (NY)
Alfred S. Church, Jr. (IN)
James R. Conley (IN)
Irvin L. Davis (VA)
Richard J. Dudzenski (PA)
William M. Dutton (ND)
Richard W. Favier (CT)
Richard G. Fiscus, Jr. (MA)
Raymond C. Hartill (WA)
Todd E. Himebauch (IL)
John R. Hofmann, Jr. (IL)
Matthew E. Ingham (WA)
Grant L. Jensen (SD)
Victor E. Kaneps (CO)
Albert J. Laubauskas (NJ)
Michael M. Lillie (MI)
Barrington F. Mahabee (NY)
Robert J. Marnell (IA)
Clayton E. McCoy (TX)
Scott A. Newell (MI)
Braydon D. Paytas (UT)
William J. Pratt (MN)
Kyle L. Roy (OH)
Jerry G. Smith (NC)
William J. Taylor (IN)
Roy E. Tompkins (NY)
Vasilios Tsimis (NY)
Craig J. Voudren (VA)
The drivers were included in docket number FMCSA-2016-0035. Their
exemptions are applicable as of May 13, 2018, and will expire on May
13, 2020.
As of May 14, 2018, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 19 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (79 FR 10612; 79 FR
27685; 82 FR 24434):
Todd L. Brandt (IL)
Dean G. Brekhus (ND)
Angie M. Carrington (IL)
Samuel J. Desmond (RI)
John F. Fedorchak, Jr. (PA)
Derek W. Frazier (IA)
Michael G. Haugen (WI)
Timothy S. Hinkhouse (NE)
Douglas R. Lane (NY)
Jonathon W. Luebke (WI)
Brion T. Maguire (PA)
Jacob R. Martin (MO)
John C. May (NE)
Angel F. Morales (CO)
Slobodan Pavlovich (WA)
Darryl W. Peppers (IN)
Bradley S. Pletcher (PA)
Hank D. Rose, Jr. (NC)
Joshua R. Wiery (OH)
The drivers were included in docket number FMCSA-2014-0012. Their
exemptions are applicable as of May 14, 2018, and will expire on May
14, 2020.
As of May 16, 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 (79 FR 14579; 79 FR
28590; 82 FR 24434):
Schylor M. Altenhofen (IA)
Don R. Anderson, III (IN)
Thomas A. Barnes (MI)
Alvin L. Carpenter (MT)
Richard J. D'Ambrosia (NY)
Jefferey F. Deane (MA)
Bradley J. Frazier (IL)
Carl R. Gentry (WA)
Robert M. Hutchison (NY)
Craig A. Keese, Jr. (NY)
Amos L. Lapp (PA)
Edward J. Lulay (IL)
Donald S. Middleton (MO)
Alva D. Moffatt (WA)
Antonio Pepiciello (NY)
James K. Popp (MN)
Dustin P. Russell (PA)
Sean L. Shidell (WI)
Randall L. Schultz (MO)
Chad B. Spidell (PA)
Cameron M. Sprinkle (IN)
Douglas E. Stewart (MS)
Thomas L. Williams (MN)
The drivers were included in docket number FMCSA-2014-0013. Their
exemptions are applicable as of May 16, 2018, and will expire on May
16, 2020.
[[Page 17891]]
As of May 17, 2018, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 27 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (75 FR 13647; 75 FR
27616; 77 FR 18302; 77 FR 29446; 82 FR 24434):
Mark S. Boettcher (MN)
Steven C. Boudreau (MA)
Roy L. Brokaw (WI)
Chris D. Chambers (LA)
Charles A. Cinert, Sr. (IL)
Dale J. Cleaver (PA)
Bert R. Duncan, II (UT)
Lance L. Fuller (MN)
Johnny Gardner, Jr. (SC)
Mark D. Golden (MI)
Nathaniel W. Gorham (IN)
DeVere E. Hansen (UT)
Grant C. Huftalin (IA)
Steven M. Janczak (WI)
Sheldon R. Koehn (KS)
Jason R. Kropp (OK)
Adolfo Moreno, Jr. (WA)
John W. Morrison (CA)
Bruce V. Oppegard (MN)
Steven G. Petersen (MN)
Damian J. Porter (NY)
David L. Rice (ME)
Wayne F. Richards (PA)
Gary G. Siornen (MT)
Rodney L. Stoltenberg (IA)
Wade D. Street (MT)
Stanley C. Tarvidas (IL)
The drivers were included in docket numbers FMCSA-2009-0322; FMCSA-
2012-0043. Their exemptions are applicable as of May 17, 2018, and will
expire on May 17, 2020.
As of May 21, 2018, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 42 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (75 FR 14652; 75 FR
28684; 79 FR 18400; 79 FR 29262; 82 FR 24434):
Douglas L. Atkins (GA)
Bradley E. Bradshaw (NC)
Robert L. Buol (IA)
Carlos V. Candelaria (NM)
Suellen M. Civiello (ME)
Michael T. Clements (WI)
Daniel G. Conery (NJ)
James R. Crawford (WA)
Alan Curtis (UT)
David P. Dengate (PA)
Alan D. Ekberg (NE)
Neil G. Ford (PA)
Alden J. Haskins, Sr. (MD)
James Herrada (NE)
Gary W. Hochstein (MN)
Harold D. Hoggard, II (PA)
Terry L. Horn (NC)
Gerald A. Johnson (WI)
Frank J. Katzbeck (IL)
Cory M. Kobernick (KY)
Thomas G. Lamberton (WA)
James K. Libke (IN)
Gordon E. Lindley (WY)
Edwin H. Maranville (OR)
Joseph R. Marcelewski (OH)
David R. Norton (OH)
Eugene P. OQuendo (MA)
Curtis J. Pitt (OR)
Larry J. Reese (PA)
William O. Ruiz, III (AZ)
James P. Rushing, Jr. (VA)
Harold D. Russman (SD)
Hector M. Sanchez (NM)
Scott W. Shindledecker (IN)
Shirliann F. Skroch (NV)
Ross L. Smith, Sr. (NJ)
Christopher Starghill (DC)
Richard L. Stark (OH)
Philip E. Stegeman (ID)
Brandon L. Weaver (PA)
Matthew G. Williams (KY)
Michael B. Wilson (OH)
The drivers were included in docket numbers FMCSA-2010-0051; FMCSA-
2014-0014. Their exemptions are applicable as of May 21, 2018, and will
expire on May 21, 2020.
As of May 23, 2018, and in accordance with 49 U.S.C. 31136(e) and
31315, Derald E. Moenning, (NE) has satisfied the renewal conditions
for obtaining an exemption from the rule prohibiting drivers with ITDM
from driving CMVs in interstate commerce (79 FR 22573; 79 FR 35855; 82
FR 24434).
The driver was included in docket number FMCSA-2014-0015. The
exemption is applicable as of May 23, 2018, and will expire on May 23,
2020.
As of May 26, 2018, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 48 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 24161; 81 FR
59723):
Thomas H. Adams, Jr. (PA)
Spencer L. Bates (VT)
Hobert P. Bates (TX)
Erik E. Baumgart (NE)
Robert T. Birch (PA)
Frank A. Borchers (NJ)
Nathan P. Broussard (KS)
Rodney J. Brown (VA)
Nicholas M. Catizone (MA)
Michael J. Christians (MN)
William R. Faller (PA)
Stephen L. Fehr (IL)
Stephen P. Glenning (FL)
Kevin B. Green (TN)
Dusty R. Grover (ID)
Robert W. Guccion (IA)
Andy H. Harnden (WA)
Russell D. Hartley (KS)
Eric D. Hulst (SD)
Stephen J. Hyde, Sr. (MA)
Steven G. Jackson (IN)
Michelle Jenkins (MA)
Robert C. Jones (VA)
Paul M. Joyce (MA)
Steven W. Keech (PA)
David O. Ludwig (ND)
Marvin D. Mitchell (WA)
Jack D. Moore (WV)
Matthew A. Neidermeier (FL)
Thomas M. Noon (MI)
Ronald A. Ortiz (CA)
Michael V. Palmer (NY)
LeRonne Pegues (IL)
John D. Penrod (SD)
Thomas M. Peterson (NE)
Gregory S. Potter (MO)
Lisa M. Reynolds (CO)
Martina M. Sanchez (NY)
Daniel J. Sing (OH)
Mark W. Smith (PA)
Larry E. Sorrells (VA)
Michael R. Thomen (OH)
Charles E. Tillman, Jr. (FL)
Monte D. Trout (WA)
Aaron M. Trudeau (MT)
Thomas M. Waldron (MA)
David M. Wilfeard II (NY)
Deborah C. Williams (NJ)
The drivers were included in docket number FMCSA-2016-0036. Their
exemptions are applicable as of May 26, 2018, and will expire on May
26, 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
[[Page 17892]]
(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 197 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: April 18, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-08514 Filed 4-23-18; 8:45 am]
BILLING CODE 4910-EX-P
