Qualification of Drivers; Exemption Applications; Diabetes, 24581-24584 [2018-11431]

Download as PDF Federal Register / Vol. 83, No. 103 / Tuesday, May 29, 2018 / Notices optometrist examined him in 2017 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Michigan. Trent J. Vandyken Mr. Vandyken, 34, has had ITDM since 2018. His endocrinologist examined him in 2018 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Vandyken understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Vandyken meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2018 and certified that he does not have diabetic retinopathy. He holds a Class A CDL from Montana. daltland on DSKBBV9HB2PROD with NOTICES Gregory A. Westfall Mr. Westfall, 35, has had ITDM since 2007. His endocrinologist examined him in 2018 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Westfall understands diabetes management and monitoring, has stable control of his diabetes using insulin, and is able to drive a CMV safely. Mr. Westfall meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His optometrist examined him in 2018 and certified that he does not have diabetic retinopathy. He holds an operator’s license from Ohio. Kevin L. Willis Sloan Mr. Willis Sloan, 48, has had ITDM since 2015. His endocrinologist examined him in 2018 and certified that he has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. His endocrinologist certifies that Mr. Willis Sloan understands diabetes management and monitoring, has stable control of his VerDate Sep<11>2014 16:39 May 25, 2018 Jkt 244001 diabetes using insulin, and is able to drive a CMV safely. Mr. Willis Sloan meets the requirements of the vision standard at 49 CFR 391.41(b)(10). His ophthalmologist examined him in 2017 and certified that he does not have diabetic retinopathy. He holds an Operator’s License from Missouri. Debra A. Wiss Ms. Wiss, 61, has had ITDM since 2016. Her endocrinologist examined her in 2018 and certified that she has had no severe hypoglycemic reactions resulting in loss of consciousness, requiring the assistance of another person, or resulting in impaired cognitive function that occurred without warning in the past 12 months and no recurrent (two or more) severe hypoglycemic episodes in the last five years. Her endocrinologist certifies that Ms. Wiss understands diabetes management and monitoring, has stable control of her diabetes using insulin, and is able to drive a CMV safely. Ms. Wiss meets the requirements of the vision standard at 49 CFR 391.41(b)(10). Her optometrist examined her in 2018 and certified that she does not have diabetic retinopathy. She holds a Class B CDL from Washington. III. Request for Comments In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests public comment from all interested persons on the exemption petitions described in this notice. We will consider all comments received before the close of business on the closing date indicated in the dates section of the notice. IV. Submitting Comments You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so that FMCSA can contact you if there are questions regarding your submission. To submit your comment online, go to https://www.regulations.gov and in the search box insert the docket number FMCSA–2018–0029 and click the search button. When the new screen appears, click on the blue ‘‘Comment Now!’’ button on the right hand side of the page. On the new page, enter information required including the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. If you submit your comments by mail or hand delivery, submit them in an unbound format, no PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 24581 larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, selfaddressed postcard or envelope. We will consider all comments and materials received during the comment period. FMCSA may issue a final determination at any time after the close of the comment period. V. Viewing Comments and Documents To view comments, as well as any documents mentioned in this preamble, go to https://www.regulations.gov and in the search box insert the docket number FMCSA–2018–0029 and click ‘‘Search.’’ Next, click ‘‘Open Docket Folder’’ and you will find all documents and comments related to this notice. Dated: May 17, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018–11411 Filed 5–25–18; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2008–0071; FMCSA– 2012–0044; FMCSA–2012–0107; FMCSA– 2014–0015; FMCSA–2014–0016; FMCSA– 2016–0037; FMCSA–2016–0039] 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 133 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 June 28, 2018. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA– 2008–0071; FMCSA–2012–0044; FMCSA–2012–0107; FMCSA–2014– 0015; FMCSA–2014–0016; FMCSA– SUMMARY: E:\FR\FM\29MYN1.SGM 29MYN1 24582 Federal Register / Vol. 83, No. 103 / Tuesday, May 29, 2018 / Notices 2016–0037; FMCSA–2016–0039 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. 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. daltland on DSKBBV9HB2PROD with NOTICES FOR FURTHER INFORMATION CONTACT: VerDate Sep<11>2014 16:39 May 25, 2018 Jkt 244001 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 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 133 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 133 applicants has satisfied the renewal conditions for obtaining an exemption from the diabetes requirement (73 FR 16946; 73 FR 31734; 77 FR 20876; 77 FR 27842; 77 FR 33264; 77 FR 38383; 79 FR 22573; 79 FR 29484; 79 FR 35855; 79 FR 42628; 81 FR 25486; 81 FR 28121; 81 FR 59728; 81 FR 66733; 81 FR 96176). They have maintained their required medical monitoring and have not exhibited any medical issues that would compromise their ability to safely operate a CMV PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 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 June and are discussed below: As of June 1, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 33 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 25486; 81 FR 66733): Christopher R. Barwick (NC) Jeffrey C. Bergen (MA) Christopher J. Burgess (ID) Edward D. Burman (MA) Lynn J. Clark (UT) Kenneth W. Day (TN) Horace Dickinson (GA) James R. Fifield (MI) Scott A. Figert (OH) Larry D. Funk (KS) Steven S. Gray (CT) Donald F. Greel, Jr. (MA) John A. Jung (OH) Jerry H. Kahn (MN) Sean T. Lewis (NJ) Edwin Lozada (FL) Kevin S. Martin (MN) Allysa B. Meirowitch (NY) Brian L. Murray (WA) Thomas V. Noyes (MA) Benny M. Perez (PA) Gregory S. Pethtel (OH) Thomas J. Price (WY) Theodore D. Reagle (PA) Eric A. Richie (AZ) Keith E. Shumake (CO) William G. Simpson (CO) Stirling H.C. Sowerby (PA) John J. Steele (AL) Ryan M. Stumbaugh (PA) David J. Walker (IA) Shawn D. Weigel (KS) William H. Yocom (MO) The drivers were included in docket number FMCSA–2016–0037. Their exemptions are applicable as of June 1, 2018, and will expire on June 1, 2020. As of June 3, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following eight individuals have satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce E:\FR\FM\29MYN1.SGM 29MYN1 daltland on DSKBBV9HB2PROD with NOTICES Federal Register / Vol. 83, No. 103 / Tuesday, May 29, 2018 / Notices (73 FR 16946; 73 FR 31734; 81 FR 96176): Edward F. Connole (MA) Gary D. Coonfield (MO) Shannon D. Hanson (SD) Aundra Menefield (MS) James T. Rothwell (TN) Dalton T. Smith, Jr. (IL) Marvin D. Webster (KY) Travis S. Wolfe (WV) The drivers were included in docket number FMCSA–2008–0071. Their exemptions are applicable as of June 3, 2018, and will expire on June 3, 2020. As of June 5, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following nine 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 20876; 77 FR 33264; 81 FR 96176): Steven W. Beaty (SD) David D. Brown (MI) Evan P. Hansen (WI) John M. Kennedy, Jr. (NC) Jeremy A. Ludolph (KS) Gerald N. Martinson (ND) Glenn D. Taylor (NY) Thomas R. Toews (OR) James E. Waller, III (GA) The drivers were included in docket number FMCSA–2012–0044. Their exemptions are applicable as of June 5, 2018, and will expire on June 5, 2020. As of June 9, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 40 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 28121; 81 FR 59728): Matthew P. Ambrose (OH) Steven E. Beining (OH) Steven Belback (PA) Roger D. Bragg (WV) John Ciesmelewski (NJ) Ernest W. Collett (TX) Daniel C. Crider (MN) Charla J. Donahy (TX) Richard D. Florio, Jr. (NY) Tyler J. Francis (KS) Calvin L. Frew (ID) Juda Friedman (NY) Dean Gage (NY) William Gallagher (PA) Harvey E. Gordon (MA) James W. Gorman, Jr. (MD) Christopher L. Greene (WY) Gregor C. Guisewhite (PA) Dennis T. Harding (MN) Brandon R. Hart (TX) Stephen E. Hochmiller (CO) Jack V. Holloway (IL) Richard L. Hubbard (MN) Stephen A. Kinney (MI) VerDate Sep<11>2014 16:39 May 25, 2018 Jkt 244001 Russell L. Koehn (IL) Timothy C. LaRue (FL) Joseph M. Lopes (NH) William B. Onimus (PA) Victor M. Orta (TX) William D. Powell (IL) Lee A. Pulda (WI) William K. Sawyer II (NM) Jeffrey J. Schnacker (NE) Jeffrey D. Smith (MD) Anthony G. Stellatos (NJ) Trent A. Stuber (IL) LaDon L. Wallin (MN) Richard D. Webb (NY) Grady L. Wilson, Jr. (FL) Karl S. Yauneridge (MD) The drivers were included in docket number FMCSA–2016–0039. Their exemptions are applicable as of June 9, 2018, and will expire on June 9, 2020. As of June 20, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, Gary R. Harper, (IN) has satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce (79 FR 29484; 79 FR 42628; 81 FR 96176). The driver was included in docket number FMCSA–2014–0016. The exemption is applicable as of June 20, 2018, and will expire on June 20, 2020. As of June 24, 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 (79 FR 22573; 79 FR 35855; 81 FR 96176): Joshua T. Adams (OH) Dennis W. Athey II (KS) John M. Behan, Jr. (MD) Kirk B. Berridge (KS) Francis P. Bourgeois (LA) Randall T. Buffkin (NC) Heladio Castillo (WA) Purvis J. Chesson (VA) Jeff T. Enbody (WA) Larry S. Gibson, II (NC) James M. Halapchuk (PA) Jeffery A. Hall (ME) Henry W. Hartman (NY) Marlin R. Hein (IA) Vincenzo Ingrassellino (NY) Davis Jansen van Beek (MT) Baek J. Kim (MD) Shawn N. Kimble (PA) Darrel G. Klauer (WI) Stephen D. Lewis (NY) Alvin McClain (OR) Kenneth D. Mehmen (IA) Kyle B. Mitchell (CA) Michael A. Murrell (KY) Ryan R. Ong (CA) Gregory Paradiso (OH) Brian K. Patenaude (MA) PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 24583 William A. Schimpf (CA) Frank J. Sciulli (PA) Bryan J. Smith (ND) Edward L. Stauffer (PA) Kyle G. Streit (TX) Joseph D. Stutzman (PA) Raymond J. Vaillancourt (OH) Robert L. Weiland (PA) The drivers were included in docket number FMCSA–2014–0015. Their exemptions are applicable as of June 24, 2018, and will expire on June 24, 2020. As of June 26, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, Tommy R. Riley, (IL) has satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce (79 FR 29484; 79 FR 42628; 81 FR 96176). The driver was included in docket number FMCSA–2014–0016. The exemption is applicable as of June 26, 2018, and will expire on June 26, 2020. As of June 27, 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 (77 FR 27842; 77 FR 38383; 81 FR 96176): Matthew R. Bagwell (NY) Eric J. Bright (IL) Kyle D. Dale (MO) Donald L. Philpott (WA) John Randolph (OK) Courtney R. Schiebout (IA) The drivers were included in docket number FMCSA–2012–0107. Their exemptions are applicable as of June 27, 2018, and will expire on June 27, 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 E:\FR\FM\29MYN1.SGM 29MYN1 24584 Federal Register / Vol. 83, No. 103 / Tuesday, May 29, 2018 / Notices 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 133 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. Dated: May 17, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018–11431 Filed 5–25–18; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2012–0050; FMCSA– 2015–0119; FMCSA–2015–0320] Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. AGENCY: FMCSA announces its decision to renew exemptions for nine individuals from the requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) that interstate commercial motor vehicle (CMV) drivers have ‘‘no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a CMV.’’ The exemptions enable these individuals who have had one or more seizures and are taking anti-seizure medication to daltland on DSKBBV9HB2PROD with NOTICES VerDate Sep<11>2014 16:39 May 25, 2018 Jkt 244001 49 CFR 391.41(b)(8) states that a person is physically qualified to drive a CMV if that person has no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause the loss of consciousness or any loss of ability to control a CMV. In addition to the regulations, FMCSA has published advisory criteria to assist Medical Examiners in determining whether drivers with certain medical conditions are qualified to operate a CMV in interstate commerce. [49 CFR part 391, APPENDIX A TO PART 391— MEDICAL ADVISORY CRITERIA, section H. Epilepsy: § 391.41(b)(8), paragraphs 3, 4, and 5.] I. Electronic Access FMCSA received one comment in this proceeding. This comment supported FMCSA’s decision to grant these exemptions to drivers with seizure disorders. 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 Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders SUMMARY: continue to operate CMVs in interstate commerce. DATES: The exemptions were applicable on January 21, 2018. The exemptions expire on January 21, 2020. 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., 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: On February 27, 2018, FMCSA published a notice announcing its decision to renew exemptions for nine individuals from the epilepsy and seizure disorders prohibition in 49 CFR 391.41(b)(8) to operate a CMV in interstate commerce and requested comments from the public (83 FR 8568). The public comment period ended on March 29, 2018 and one comment was 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)(8). The physical qualification standard for drivers regarding epilepsy found in PO 00000 Frm 00128 Fmt 4703 Sfmt 4703 III. Discussion of Comments IV. Conclusion Based upon its evaluation of the nine renewal exemption applications and comments received, FMCSA announces its’ decision to exempt the following drivers from the epilepsy and seizure disorders prohibition in 49 CFR 391.41 (b)(8): As of March 29, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following nine individuals have satisfied the renewal conditions for obtaining an exemption from the epilepsy and seizure disorders prohibition in the FMCSRs for interstate CMV drivers. (83 FR 8568): Thomas A. De Angelo (IL) Nathan L. Dermer (AK) Daniel L. Halstead (NV) Toriano T. Mitchell (OH) Thomas A. Mitman (NY) Diana J. Mugford (VT) Tyler W. Schaefer (ME) Alvin C. Strite (PA) Thomas B. Vivirito (PA) The drivers were included in docket numbers FMCSA–2012–0050; FMCSA– 2015–0119; FMCSA–2015–0320. Their exemptions are applicable as of January 21, 2018, and will expire on January 21, 2020. In accordance with 49 U.S.C. 31315, each exemption will be valid for two years from the effective date unless revoked earlier by FMCSA. The exemption will be revoked if the following occurs: (1) The person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained prior to being granted; or (3) continuation of the exemption E:\FR\FM\29MYN1.SGM 29MYN1

Agencies

[Federal Register Volume 83, Number 103 (Tuesday, May 29, 2018)]
[Notices]
[Pages 24581-24584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11431]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2008-0071; FMCSA-2012-0044; FMCSA-2012-0107; FMCSA-
2014-0015; FMCSA-2014-0016; FMCSA-2016-0037; FMCSA-2016-0039]


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 133 
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 June 28, 
2018.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2008-0071; FMCSA-2012-0044; 
FMCSA-2012-0107; FMCSA-2014-0015; FMCSA-2014-0016; FMCSA-

[[Page 24582]]

2016-0037; FMCSA-2016-0039 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 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 133 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 133 applicants has satisfied the renewal conditions for obtaining 
an exemption from the diabetes requirement (73 FR 16946; 73 FR 31734; 
77 FR 20876; 77 FR 27842; 77 FR 33264; 77 FR 38383; 79 FR 22573; 79 FR 
29484; 79 FR 35855; 79 FR 42628; 81 FR 25486; 81 FR 28121; 81 FR 59728; 
81 FR 66733; 81 FR 96176). 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 June and 
are discussed below:
    As of June 1, 2018, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 33 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 25486; 81 FR 
66733):

Christopher R. Barwick (NC)
Jeffrey C. Bergen (MA)
Christopher J. Burgess (ID)
Edward D. Burman (MA)
Lynn J. Clark (UT)
Kenneth W. Day (TN)
Horace Dickinson (GA)
James R. Fifield (MI)
Scott A. Figert (OH)
Larry D. Funk (KS)
Steven S. Gray (CT)
Donald F. Greel, Jr. (MA)
John A. Jung (OH)
Jerry H. Kahn (MN)
Sean T. Lewis (NJ)
Edwin Lozada (FL)
Kevin S. Martin (MN)
Allysa B. Meirowitch (NY)
Brian L. Murray (WA)
Thomas V. Noyes (MA)
Benny M. Perez (PA)
Gregory S. Pethtel (OH)
Thomas J. Price (WY)
Theodore D. Reagle (PA)
Eric A. Richie (AZ)
Keith E. Shumake (CO)
William G. Simpson (CO)
Stirling H.C. Sowerby (PA)
John J. Steele (AL)
Ryan M. Stumbaugh (PA)
David J. Walker (IA)
Shawn D. Weigel (KS)
William H. Yocom (MO)

    The drivers were included in docket number FMCSA-2016-0037. Their 
exemptions are applicable as of June 1, 2018, and will expire on June 
1, 2020.
    As of June 3, 2018, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following eight individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce

[[Page 24583]]

(73 FR 16946; 73 FR 31734; 81 FR 96176):

Edward F. Connole (MA)
Gary D. Coonfield (MO)
Shannon D. Hanson (SD)
Aundra Menefield (MS)
James T. Rothwell (TN)
Dalton T. Smith, Jr. (IL)
Marvin D. Webster (KY)
Travis S. Wolfe (WV)

    The drivers were included in docket number FMCSA-2008-0071. Their 
exemptions are applicable as of June 3, 2018, and will expire on June 
3, 2020.
    As of June 5, 2018, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following nine 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 20876; 77 FR 
33264; 81 FR 96176):

Steven W. Beaty (SD)
David D. Brown (MI)
Evan P. Hansen (WI)
John M. Kennedy, Jr. (NC)
Jeremy A. Ludolph (KS)
Gerald N. Martinson (ND)
Glenn D. Taylor (NY)
Thomas R. Toews (OR)
James E. Waller, III (GA)

    The drivers were included in docket number FMCSA-2012-0044. Their 
exemptions are applicable as of June 5, 2018, and will expire on June 
5, 2020.
    As of June 9, 2018, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 40 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 28121; 81 FR 
59728):

Matthew P. Ambrose (OH)
Steven E. Beining (OH)
Steven Belback (PA)
Roger D. Bragg (WV)
John Ciesmelewski (NJ)
Ernest W. Collett (TX)
Daniel C. Crider (MN)
Charla J. Donahy (TX)
Richard D. Florio, Jr. (NY)
Tyler J. Francis (KS)
Calvin L. Frew (ID)
Juda Friedman (NY)
Dean Gage (NY)
William Gallagher (PA)
Harvey E. Gordon (MA)
James W. Gorman, Jr. (MD)
Christopher L. Greene (WY)
Gregor C. Guisewhite (PA)
Dennis T. Harding (MN)
Brandon R. Hart (TX)
Stephen E. Hochmiller (CO)
Jack V. Holloway (IL)
Richard L. Hubbard (MN)
Stephen A. Kinney (MI)
Russell L. Koehn (IL)
Timothy C. LaRue (FL)
Joseph M. Lopes (NH)
William B. Onimus (PA)
Victor M. Orta (TX)
William D. Powell (IL)
Lee A. Pulda (WI)
William K. Sawyer II (NM)
Jeffrey J. Schnacker (NE)
Jeffrey D. Smith (MD)
Anthony G. Stellatos (NJ)
Trent A. Stuber (IL)
LaDon L. Wallin (MN)
Richard D. Webb (NY)
Grady L. Wilson, Jr. (FL)
Karl S. Yauneridge (MD)

    The drivers were included in docket number FMCSA-2016-0039. Their 
exemptions are applicable as of June 9, 2018, and will expire on June 
9, 2020.
    As of June 20, 2018, and in accordance with 49 U.S.C. 31136(e) and 
31315, Gary R. Harper, (IN) has satisfied the renewal conditions for 
obtaining an exemption from the rule prohibiting drivers with ITDM from 
driving CMVs in interstate commerce (79 FR 29484; 79 FR 42628; 81 FR 
96176).
    The driver was included in docket number FMCSA-2014-0016. The 
exemption is applicable as of June 20, 2018, and will expire on June 
20, 2020.
    As of June 24, 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 (79 FR 22573; 79 FR 
35855; 81 FR 96176):

Joshua T. Adams (OH)
Dennis W. Athey II (KS)
John M. Behan, Jr. (MD)
Kirk B. Berridge (KS)
Francis P. Bourgeois (LA)
Randall T. Buffkin (NC)
Heladio Castillo (WA)
Purvis J. Chesson (VA)
Jeff T. Enbody (WA)
Larry S. Gibson, II (NC)
James M. Halapchuk (PA)
Jeffery A. Hall (ME)
Henry W. Hartman (NY)
Marlin R. Hein (IA)
Vincenzo Ingrassellino (NY)
Davis Jansen van Beek (MT)
Baek J. Kim (MD)
Shawn N. Kimble (PA)
Darrel G. Klauer (WI)
Stephen D. Lewis (NY)
Alvin McClain (OR)
Kenneth D. Mehmen (IA)
Kyle B. Mitchell (CA)
Michael A. Murrell (KY)
Ryan R. Ong (CA)
Gregory Paradiso (OH)
Brian K. Patenaude (MA)
William A. Schimpf (CA)
Frank J. Sciulli (PA)
Bryan J. Smith (ND)
Edward L. Stauffer (PA)
Kyle G. Streit (TX)
Joseph D. Stutzman (PA)
Raymond J. Vaillancourt (OH)
Robert L. Weiland (PA)

    The drivers were included in docket number FMCSA-2014-0015. Their 
exemptions are applicable as of June 24, 2018, and will expire on June 
24, 2020.
    As of June 26, 2018, and in accordance with 49 U.S.C. 31136(e) and 
31315, Tommy R. Riley, (IL) has satisfied the renewal conditions for 
obtaining an exemption from the rule prohibiting drivers with ITDM from 
driving CMVs in interstate commerce (79 FR 29484; 79 FR 42628; 81 FR 
96176).
    The driver was included in docket number FMCSA-2014-0016. The 
exemption is applicable as of June 26, 2018, and will expire on June 
26, 2020.
    As of June 27, 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 (77 FR 27842; 77 FR 
38383; 81 FR 96176):

Matthew R. Bagwell (NY)
Eric J. Bright (IL)
Kyle D. Dale (MO)
Donald L. Philpott (WA)
John Randolph (OK)
Courtney R. Schiebout (IA)

    The drivers were included in docket number FMCSA-2012-0107. Their 
exemptions are applicable as of June 27, 2018, and will expire on June 
27, 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

[[Page 24584]]

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 133 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.

    Dated: May 17, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-11431 Filed 5-25-18; 8:45 am]
 BILLING CODE 4910-EX-P

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