Qualification of Drivers; Exemption Applications; Diabetes, 28343-28346 [2018-12985]
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Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices
20/40 (Snellen) in both eyes with or
without corrective lenses, field of vision
of at least 70° in the horizontal meridian
in each eye, and the ability to recognize
the colors of traffic signals and devices
showing red, green, and amber.
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III. Discussion of Comments
FMCSA received no comments in this
proceeding.
IV. Basis for Exemption Determination
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption from
the vision standard in 49 CFR
391.41(b)(10) if the exemption is likely
to achieve an equivalent or greater level
of safety than would be achieved
without the exemption. The exemption
allows applicants to operate CMVs in
interstate commerce.
The Agency’s decision regarding these
exemption applications is based on
medical reports about the applicants’
vision as well as their driving records
and experience driving with the vision
deficiency. The qualifications,
experience, and medical condition of
each applicant were stated and
discussed in detail in the April 27,
2018, Federal Register notice (83 FR
18644) and will not be repeated in this
notice.
FMCSA recognizes that some drivers
do not meet the vision requirement but
have adapted their driving to
accommodate their limitation and
demonstrated their ability to drive
safely. The 14 exemption applicants
listed in this notice are in this category.
They are unable to meet the vision
requirement in one eye for various
reasons, including amblyopia, aphakia,
complete loss of vision, corneal scar,
enucleation, keratoconus, macular scar,
optic atrophy, and prosthesis. In most
cases, their eye conditions were not
recently developed. Eleven of the
applicants were either born with their
vision impairments or have had them
since childhood. The three individuals
that sustained their vision conditions as
adults have had it for a range of 14 to
30 years. Although each applicant has
one eye which does not meet the vision
requirement in 49 CFR 391.41(b)(10),
each has at least 20/40 corrected vision
in the other eye, and in a doctor’s
opinion, has sufficient vision to perform
all the tasks necessary to operate a CMV.
Doctors’ opinions are supported by
the applicants’ possession of a valid
license to operate a CMV. By meeting
State licensing requirements, the
applicants demonstrated their ability to
operate a CMV, with their limited vision
in intrastate commerce, even though
their vision disqualified them from
driving in interstate commerce. We
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believe that the applicants’ intrastate
driving experience and history provide
an adequate basis for predicting their
ability to drive safely in interstate
commerce. Intrastate driving, like
interstate operations, involves
substantial driving on highways on the
interstate system and on other roads
built to interstate standards. Moreover,
driving in congested urban areas
exposes the driver to more pedestrian
and vehicular traffic than exists on
interstate highways. Faster reaction to
traffic and traffic signals is generally
required because distances between
them are more compact. These
conditions tax visual capacity and
driver response just as intensely as
interstate driving conditions.
The applicants in this notice have
driven CMVs with their limited vision
in careers ranging for 4 to 96 years. In
the past three years, no drivers were
involved in crashes, and no drivers were
convicted of moving violations in
CMVs. All the applicants achieved a
record of safety while driving with their
vision impairment, demonstrating the
likelihood that they have adapted their
driving skills to accommodate their
condition. As the applicants’ ample
driving histories with their vision
deficiencies are good predictors of
future performance, FMCSA concludes
their ability to drive safely can be
projected into the future.
Consequently, FMCSA finds that in
each case exempting these applicants
from the vision requirement in 49 CFR
391.41(b)(10) is likely to achieve a level
of safety equal to that existing without
the exemption.
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 be physically examined
every year (a) by an ophthalmologist or
optometrist who attests that the vision
in the better eye continues to meet the
standard in 49 CFR 391.41(b)(10) and (b)
by a certified Medical Examiner who
attests that the individual is otherwise
physically qualified under 49 CFR
391.41; (2) 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 (3) 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
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28343
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.
VII. Conclusion
Based upon its evaluation of the 14
exemption applications, FMCSA
exempts the following drivers from the
vision requirement, 49 CFR
391.41(b)(10), subject to the
requirements cited above:
Zachary A. Abbotts (CT)
Joseph J. Amatulli (NY)
Clarton D. Avis (KY)
Jimmy L. Burgi (TX)
Gordon C. Canfield (MI)
David M. Clark, Jr. (MD)
Dorothy J. Crum (OH)
Tammy J. Duval (NH)
Brian K. LaJoie (MI)
James V. Latess, Jr. (PA)
Igor L. Litvak (MD)
John A. Thomas, Jr. (NC)
Jerry L. Womble (AR)
Kevin Young (NJ)
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 and
31315.
Issued on: June 11, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018–13003 Filed 6–15–18; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2010–0083; FMCSA–
2010–0115; FMCSA–2010–0138; FMCSA–
2012–0108; FMCSA–2012–0109; FMCSA–
2014–0016; FMCSA–2014–0017; FMCSA–
2016–0040; FMCSA–2016–0041; FMCSA–
2016–0042]
Qualification of Drivers; Exemption
Applications; Diabetes
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
AGENCY:
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Federal Register / Vol. 83, No. 117 / Monday, June 18, 2018 / Notices
Notice of renewal of
exemptions; request for comments.
ACTION:
FMCSA announces its
decision to renew exemptions for 264
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 July 18, 2018.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket No. FMCSA–
2010–0083; FMCSA–2010–0115;
FMCSA–2010–0138; FMCSA–2012–
0108; FMCSA–2012–0109; FMCSA–
2014–0016; FMCSA–2014–0017;
FMCSA–2016–0040; FMCSA–2016–
0041; FMCSA–2016–0042 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
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SUMMARY:
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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
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 264 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
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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 264 applicants
has satisfied the renewal conditions for
obtaining an exemption from the
diabetes requirement (75 FR 25919; 75
FR 28677; 75 FR 34206; 75 FR 38597;
75 FR 38598; 75 FR 44049; 77 FR 33551;
77 FR 33554; 77 FR 43417; 77 FR 43901;
79 FR 29484; 79 FR 35844; 79 FR 42628;
79 FR 51223; 81 FR 40746; 81 FR 42035;
81 FR 42044; 81 FR 59725; 81 FR 59726;
81 FR 62793; 81 FR 92949). 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 July and are discussed
below:
As of July 2, 2018, and in accordance
with 49 U.S.C. 31136(e) and 31315, the
following 28 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 25919; 75
FR 28677; 75 FR 38597; 75 FR 38598;
81 FR 92949):
Spencer W. Alexander (UT)
Cody R. Anderson (MT)
Joseph P. Beagan (RI)
Brian C. Blevins (VA)
John M. Charlton (UT)
Stuart A. Dietz (KS)
Michael G. Eikenberry (IN)
Francisco K. Gallardo (AZ)
Devin S. Gibson (UT)
Jason C. Green (MS)
Kimmy D. Hall (AR)
Edward G. Harbin (AR)
Lewis M. Hendershott (NJ)
Mark E. Henning (NY)
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Christopher M. Hultman (WI)
Duane K. Kohls (MN)
John F. Lohmuller (IN)
Jerry A. McMurdy (PA)
Steven L. Miller (ND)
H.A. Miller (OR)
Andrew D. Monson (MN)
Timothy J. Nowak (FL)
Peter J. Pendola (VA)
Ross R. Romano (MI)
Jason D. Sweet (CA)
Robert M. Thomson (IL)
James P. Tomasik (PA)
Joseph H. Watkins (IN)
The drivers were included in docket
numbers FMCSA–2010–0083; FMCSA–
2010–0115. Their exemptions are
applicable as of July 2, 2018, and will
expire on July 2, 2020.
As of July 22, 2018, and in accordance
with 49 U.S.C. 31136(e) and 31315, the
following 29 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 29484; 79
FR 42628; 81 FR 92949):
Curtis D. Andersen (MT)
Thomas E. Armbrust (IL)
Michael A. Barrett (MI)
Richard K. Cressman (ND)
Steven W. Dahl (ND)
Shannon D. Eck (KS)
Manuel Fernandez (PA)
Kevin J. Franje (IA)
Jared P. Greene (OH)
Michael L. Jobe (PA)
Edwin P. Jonas, II (PA)
John J. Katcher (CO)
Glenn T. Keller (PA)
Michael G. Keller (CA)
Jay T. Kirschmann (ND)
James L. Laufenberg (ND)
Erik M. Mardesen (IA)
Pedro Saavedra Garcia (CA)
Jerry J. Shipley (KS)
Glenn A. Skonberg (SD)
Douglas R. Smith (KS)
Cheryl G. Stephens (DE)
Martin T. Struthers (NE)
Dennis C. Svec (MI)
Larry L. Taff (AR)
Filbert J. Torres (NM)
Burdette Walker (PA)
Harold W. Wilson, Jr. (SC)
Ronald D. Young (GA)
The drivers were included in docket
number FMCSA–2014–0016. Their
exemptions are applicable as of July 22,
2018, and will expire on July 22, 2020.
As of July 23, 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 (81 FR 40746; 81
FR 59726):
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Michael J. Andries (WI)
Appiah T. Ankrah (MA)
Gregory P. Austin (CA)
David F. Banko (CO)
John T. Bardin (NY)
Joseph Berta IV (OK)
John C. Birmingham (IA)
Robert G. Canelo (NM)
Christoph A. Chiappa (NJ)
Johnny L. Cloy (TN)
Jon W. Collett (OH)
Joel A. Cote (ME)
Donald E. Cowell (CA)
Raymond J. Crosbie (NH)
Kenneth Dennis (KY)
Robert D. Diefenbaugh (NE)
William J. Gangloff (NY)
Phillip J. Guidice (WA)
Darin K. Hansen (IA)
William M. Haralson (TN)
Alejandro R. Hernandez (FL)
Stephen R. Hill (PA)
Jon W. Jernigan (OK)
Mark A. Johnston (PA)
Denise D. Johnston (IA)
Zachary J. F. Kinsey (CA)
Jongsub Lee (PA)
Ramon Lopez (TX)
David C. Love (IL)
Billy J. McNealy (MO)
Carlos Medellin (TX)
Samuel B. Morris (MN)
Bryan C. Mullins (TX)
Zachary Nechi (IL)
Toriano T. Neely (AL)
Orlando Padilla (TX)
Michael P. Pattie (RI)
Brian K. Porter (KY)
Oscar L. Quezada (CA)
Walter D. Richardson (MA)
Tracy A. Rowland (WA)
Michael J. Russell (MA)
Jeffrey M. Sandler (CA)
Paul A. Schaus (IL)
Lloyd E. Schrunk (MN)
Burton D. Shellabarger (IA)
John M. Suttles (OH)
John R. Tupper (ID)
Thomas W. Upton (NY)
James M. Walsh (WI)
Billy J. Webb, Jr. (MS)
Steven R. Williams (MO)
James A. Yates (IA)
The drivers were included in docket
number FMCSA–2016–0040. Their
exemptions are applicable as of July 23,
2018, and will expire on July 23, 2020.
As of July 24, 2018, and in accordance
with 49 U.S.C. 31136(e) and 31315, the
following 11 individuals have satisfied
the renewal conditions for obtaining an
exemption from the rule prohibiting
drivers with ITDM from driving CMVs
in interstate commerce (77 FR 33554; 77
FR 43417; 81 FR 92949):
Tony O. Billman (PA)
Tracy M. Dowton (MT)
Anil D. Gharmalker (KS)
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Larry A. Hamilton (MO)
Allen K. Kates (NJ)
Victor C. Port (ND)
Jeffrey A. Ryan (IA)
James H. Stichberry, Jr. (MD)
John F. Watson (IN)
Melvin E. Welch (NJ)
Leroy R. Wille (IA)
The drivers were included in docket
number FMCSA–2012–0109. Their
exemptions are applicable as of July 24,
2018, and will expire on July 24, 2020.
As of July 25, 2018, and in accordance
with 49 U.S.C. 31136(e) and 31315, the
following 44 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 35844; 79
FR 51223; 81 FR 92949):
John H. Ascheman (MN)
Alan F. Brown, Jr. (IN)
Theodore W. Burnette (CA)
John Canal (NY)
Kevin G. Comstock (MN)
Jacob S. Crawford (GA)
Christopher Dave (MI)
Anthony J. Davis (IN)
Charles G. Denegal (WA)
Wayne H. Dirks (WA)
Charles G. Elliott (IN)
Joseph S. Farrow (MN)
James R. Fiecke (ND)
Eric C. Gambill (OH)
Mark P. Gerrits (WI)
Michael Gilon (NH)
Chance A. Gooch (GA)
Robert L. Harris (IN)
Darrell S. Haynes (PA)
Joseph D. Helget (OR)
Charles D. Henderson (NY)
Marvin S. Howard (OH)
Eric A. Knox (KY)
Erik M. Lindquist (WA)
Thomas K. Linkel (IN)
Christine I. Llewellyn (IL)
Thomas J. Manning (MN)
Steve A. Meharry (WA)
Robert A. Miller, Jr. (WV)
Ben G. Moore (IL)
Chad M. Morris (NY)
Paul C. Mortenson (WI)
William D. Murray (AL)
Jacob D. Nafziger (OH)
Edward T. Nauer (VA)
Colin R. Parmelee (IN)
Matthew P. Sczpanski (OH)
Anthony S. Sobreiro (NJ)
Colby E. Starner (PA)
Daniel E. Stephens (NY)
Johnathan D. Truitt (IL)
Rylan P. Wheeler (IL)
Kelly L. Whitley (NC)
Michelle L. York (WA)
The drivers were included in docket
number FMCSA–2014–0017. Their
exemptions are applicable as of July 25,
2018, and will expire on July 25, 2020.
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As of July 26, 2018, and in accordance
with 49 U.S.C. 31136(e) and 31315, the
following 13 individuals have satisfied
the renewal conditions for obtaining an
exemption from the rule prohibiting
drivers with ITDM from driving CMVs
in interstate commerce (77 FR 33551; 77
FR 43901; 81 FR 92949):
Larry J. Anderson (MN)
Wade D. Calvin (WA)
Carl A. Candelaria (NM)
Owen R. Dossett (AL)
Jennifer A. Ferguson (SC)
Michael E. Fritz (NV)
Lee A. Haerterich (WI)
Eric W. Holland (CO)
Richard P. Holmen (MN)
Paul A. Lacina (ND)
Bradley J. Moore (MO)
Ross W. Petermann (MN)
Curtis J. Young (FL)
The drivers were included in docket
number FMCSA–2012–0108. Their
exemptions are applicable as of July 26,
2018, and will expire on July 26, 2020.
As of July 27, 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 (75 FR 34206; 75
FR 44049; 81 FR 92949):
Clinton R. Carlson II (RI)
Brandon L. Cheek (NC)
Richard A. Dufton, Jr. (NH)
Kenneth Dunn (IN)
Robert J. Dyxin (IL)
Michael H. Hayden (NY)
John T. Jones (OK)
Blake A.S. Keeten (NE)
Randall L. Koegel (NY)
Worden T. Price (NC)
Gary L. Sager (IL)
Darrel D. Schroeder (KS)
The drivers were included in docket
number FMCSA–2010–0138. Their
exemptions are applicable as of July 27,
2018, and will expire on July 27, 2020.
As of July 29, 2018, and in accordance
with 49 U.S.C. 31136(e) and 31315, the
following 74 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 42035; 81
FR 42044; 81 FR 59725; 81 FR 62793):
Scott D. Allen (NE)
Scott R. Bailey (MA)
Michael J. Beaver (MN)
Casey G. Bergman (MN)
Gary R. Butts (NY)
Christopher D. Chapman (IA)
Robert J. Chapman (OH)
Carey P. Cole (PA)
Steven A. Crain (LA)
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Phillip Daquila III (IL)
Paul J. Dematas (NY)
Kirk A. Erickson (MN)
Raymond E. Fisher, Jr. (PA)
Richard M. Frostig (CT)
Jason L. Garrett (TX)
Faustino P. Garza (TX)
Lawrence M. Gates (NY)
Alva E. Gladney (LA)
Robert D. Golding (NM)
John J. Gonzalez (CT)
Bruce E. Gusler (NH)
James M. Haight (NC)
Bradley T. Hall (AL)
Travis L. Handy (DE)
William C. Higgins (NC)
David R. Hodge (MI)
Paul D. Hollenbeck (UT)
Jame Holman (PA)
Kevin R. Holz (MN)
Brian J. Hurley (IL)
Willis A. Jergenson (IA)
Steven C. Jordan, Jr. (MD)
Kevin M. Krug (IN)
Duane A. Leazott (MN)
Robert A. Lewis (PA)
Brian C. Link (NY)
Bruce A. Mattison (WA)
James K. Medeiros (RI)
Richard E. Mellors (NY)
Gregory S. Montierth (CA)
Daniel M. Mulligan (NJ)
John N. Mulready (MA)
Colton J. Nefzger (ND)
Jerry L. Niichel (IA)
Donald S. Oakes (PA)
Dorian T. Papazikos (AL)
Ardell Parks (IL)
Terry D. Paxton (PA)
Carson A. Penny (CA)
Lawrence C. Powers (MI)
Reynier Prieto (FL)
Charles V. Radford, Jr. (NC)
David E. Roth (MN)
Kenneth R. Schleppy (PA)
John J. Shedlock (PA)
Jonathan W. Simoneau (NH)
Malcom D. Small (TX)
Russell F. Smith (PA)
Trenton W. Socha (TX)
Edward D. Sprague (WI)
Carla J. Stafford (TN)
Kenneth R. Stephenson (TX)
Jeffrey S. Toler (IN)
Luis M. Torres (CT)
Lyle D. Tunink (IA)
Fasitupe Tupuola (CA)
Louis D. Valente (MA)
Robert L. Westergaard (NJ)
James A. Wiggins (OK)
Reed R. Wilken (IL)
Mark A. Williams (IN)
Robert A. Yerges (WI)
Abraham K. Yohannan (NY)
Kyle S. Yount (KY)
The drivers were included in docket
numbers FMCSA–2016–0041; FMCSA–
2016–0042. Their exemptions are
applicable as of July 29, 2018, and will
expire on July 29, 2020.
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IV. Conditions and Requirements
The exemptions are extended subject
to the following conditions: (1) Each
driver must submit a quarterly
monitoring checklist completed by the
treating endocrinologist as well as an
annual checklist with a comprehensive
medical evaluation; (2) each driver must
report within two business days of
occurrence, all episodes of severe
hypoglycemia, significant
complications, or inability to manage
diabetes; also, any involvement in an
accident or any other adverse event in
a CMV or personal vehicle, whether or
not it is related to an episode of
hypoglycemia; (3) each driver must
submit an annual ophthalmologist’s or
optometrist’s report; and (4) each driver
must provide a copy of the annual
medical certification to the employer for
retention in the driver’s qualification
file, or keep a copy in his/her driver’s
qualification file if he/she is selfemployed. The driver must also have a
copy of the exemption when driving, for
presentation to a duly authorized
Federal, State, or local enforcement
official. The exemption will be
rescinded if: (1) The person fails to
comply with the terms and conditions
of the exemption; (2) the exemption has
resulted in a lower level of safety than
was maintained before it was granted; or
(3) continuation of the exemption would
not be consistent with the goals and
objectives of 49 U.S.C. 31136(e) and
31315.
V. Preemption
During the period the exemption is in
effect, no State shall enforce any law or
regulation that conflicts with this
exemption with respect to a person
operating under the exemption.
VI. Conclusion
Based upon its evaluation of the 264
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: June 11, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018–12985 Filed 6–15–18; 8:45 am]
BILLING CODE 4910–EX–P
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18JNN1
]]>Agencies
[Federal Register Volume 83, Number 117 (Monday, June 18, 2018)]
[Notices]
[Pages 28343-28346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12985]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2010-0083; FMCSA-2010-0115; FMCSA-2010-0138; FMCSA-
2012-0108; FMCSA-2012-0109; FMCSA-2014-0016; FMCSA-2014-0017; FMCSA-
2016-0040; FMCSA-2016-0041; FMCSA-2016-0042]
Qualification of Drivers; Exemption Applications; Diabetes
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
[[Page 28344]]
ACTION: Notice of renewal of exemptions; request for comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to renew exemptions for 264
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 July 18,
2018.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2010-0083; FMCSA-2010-0115;
FMCSA-2010-0138; FMCSA-2012-0108; FMCSA-2012-0109; FMCSA-2014-0016;
FMCSA-2014-0017; FMCSA-2016-0040; FMCSA-2016-0041; FMCSA-2016-0042
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 264 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 264 applicants has satisfied the renewal conditions for obtaining
an exemption from the diabetes requirement (75 FR 25919; 75 FR 28677;
75 FR 34206; 75 FR 38597; 75 FR 38598; 75 FR 44049; 77 FR 33551; 77 FR
33554; 77 FR 43417; 77 FR 43901; 79 FR 29484; 79 FR 35844; 79 FR 42628;
79 FR 51223; 81 FR 40746; 81 FR 42035; 81 FR 42044; 81 FR 59725; 81 FR
59726; 81 FR 62793; 81 FR 92949). 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 July and
are discussed below:
As of July 2, 2018, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 28 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 25919; 75 FR
28677; 75 FR 38597; 75 FR 38598; 81 FR 92949):
Spencer W. Alexander (UT)
Cody R. Anderson (MT)
Joseph P. Beagan (RI)
Brian C. Blevins (VA)
John M. Charlton (UT)
Stuart A. Dietz (KS)
Michael G. Eikenberry (IN)
Francisco K. Gallardo (AZ)
Devin S. Gibson (UT)
Jason C. Green (MS)
Kimmy D. Hall (AR)
Edward G. Harbin (AR)
Lewis M. Hendershott (NJ)
Mark E. Henning (NY)
[[Page 28345]]
Christopher M. Hultman (WI)
Duane K. Kohls (MN)
John F. Lohmuller (IN)
Jerry A. McMurdy (PA)
Steven L. Miller (ND)
H.A. Miller (OR)
Andrew D. Monson (MN)
Timothy J. Nowak (FL)
Peter J. Pendola (VA)
Ross R. Romano (MI)
Jason D. Sweet (CA)
Robert M. Thomson (IL)
James P. Tomasik (PA)
Joseph H. Watkins (IN)
The drivers were included in docket numbers FMCSA-2010-0083; FMCSA-
2010-0115. Their exemptions are applicable as of July 2, 2018, and will
expire on July 2, 2020.
As of July 22, 2018, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 29 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 29484; 79 FR
42628; 81 FR 92949):
Curtis D. Andersen (MT)
Thomas E. Armbrust (IL)
Michael A. Barrett (MI)
Richard K. Cressman (ND)
Steven W. Dahl (ND)
Shannon D. Eck (KS)
Manuel Fernandez (PA)
Kevin J. Franje (IA)
Jared P. Greene (OH)
Michael L. Jobe (PA)
Edwin P. Jonas, II (PA)
John J. Katcher (CO)
Glenn T. Keller (PA)
Michael G. Keller (CA)
Jay T. Kirschmann (ND)
James L. Laufenberg (ND)
Erik M. Mardesen (IA)
Pedro Saavedra Garcia (CA)
Jerry J. Shipley (KS)
Glenn A. Skonberg (SD)
Douglas R. Smith (KS)
Cheryl G. Stephens (DE)
Martin T. Struthers (NE)
Dennis C. Svec (MI)
Larry L. Taff (AR)
Filbert J. Torres (NM)
Burdette Walker (PA)
Harold W. Wilson, Jr. (SC)
Ronald D. Young (GA)
The drivers were included in docket number FMCSA-2014-0016. Their
exemptions are applicable as of July 22, 2018, and will expire on July
22, 2020.
As of July 23, 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 (81 FR 40746; 81 FR
59726):
Michael J. Andries (WI)
Appiah T. Ankrah (MA)
Gregory P. Austin (CA)
David F. Banko (CO)
John T. Bardin (NY)
Joseph Berta IV (OK)
John C. Birmingham (IA)
Robert G. Canelo (NM)
Christoph A. Chiappa (NJ)
Johnny L. Cloy (TN)
Jon W. Collett (OH)
Joel A. Cote (ME)
Donald E. Cowell (CA)
Raymond J. Crosbie (NH)
Kenneth Dennis (KY)
Robert D. Diefenbaugh (NE)
William J. Gangloff (NY)
Phillip J. Guidice (WA)
Darin K. Hansen (IA)
William M. Haralson (TN)
Alejandro R. Hernandez (FL)
Stephen R. Hill (PA)
Jon W. Jernigan (OK)
Mark A. Johnston (PA)
Denise D. Johnston (IA)
Zachary J. F. Kinsey (CA)
Jongsub Lee (PA)
Ramon Lopez (TX)
David C. Love (IL)
Billy J. McNealy (MO)
Carlos Medellin (TX)
Samuel B. Morris (MN)
Bryan C. Mullins (TX)
Zachary Nechi (IL)
Toriano T. Neely (AL)
Orlando Padilla (TX)
Michael P. Pattie (RI)
Brian K. Porter (KY)
Oscar L. Quezada (CA)
Walter D. Richardson (MA)
Tracy A. Rowland (WA)
Michael J. Russell (MA)
Jeffrey M. Sandler (CA)
Paul A. Schaus (IL)
Lloyd E. Schrunk (MN)
Burton D. Shellabarger (IA)
John M. Suttles (OH)
John R. Tupper (ID)
Thomas W. Upton (NY)
James M. Walsh (WI)
Billy J. Webb, Jr. (MS)
Steven R. Williams (MO)
James A. Yates (IA)
The drivers were included in docket number FMCSA-2016-0040. Their
exemptions are applicable as of July 23, 2018, and will expire on July
23, 2020.
As of July 24, 2018, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 11 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (77 FR 33554; 77 FR
43417; 81 FR 92949):
Tony O. Billman (PA)
Tracy M. Dowton (MT)
Anil D. Gharmalker (KS)
Larry A. Hamilton (MO)
Allen K. Kates (NJ)
Victor C. Port (ND)
Jeffrey A. Ryan (IA)
James H. Stichberry, Jr. (MD)
John F. Watson (IN)
Melvin E. Welch (NJ)
Leroy R. Wille (IA)
The drivers were included in docket number FMCSA-2012-0109. Their
exemptions are applicable as of July 24, 2018, and will expire on July
24, 2020.
As of July 25, 2018, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 44 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 35844; 79 FR
51223; 81 FR 92949):
John H. Ascheman (MN)
Alan F. Brown, Jr. (IN)
Theodore W. Burnette (CA)
John Canal (NY)
Kevin G. Comstock (MN)
Jacob S. Crawford (GA)
Christopher Dave (MI)
Anthony J. Davis (IN)
Charles G. Denegal (WA)
Wayne H. Dirks (WA)
Charles G. Elliott (IN)
Joseph S. Farrow (MN)
James R. Fiecke (ND)
Eric C. Gambill (OH)
Mark P. Gerrits (WI)
Michael Gilon (NH)
Chance A. Gooch (GA)
Robert L. Harris (IN)
Darrell S. Haynes (PA)
Joseph D. Helget (OR)
Charles D. Henderson (NY)
Marvin S. Howard (OH)
Eric A. Knox (KY)
Erik M. Lindquist (WA)
Thomas K. Linkel (IN)
Christine I. Llewellyn (IL)
Thomas J. Manning (MN)
Steve A. Meharry (WA)
Robert A. Miller, Jr. (WV)
Ben G. Moore (IL)
Chad M. Morris (NY)
Paul C. Mortenson (WI)
William D. Murray (AL)
Jacob D. Nafziger (OH)
Edward T. Nauer (VA)
Colin R. Parmelee (IN)
Matthew P. Sczpanski (OH)
Anthony S. Sobreiro (NJ)
Colby E. Starner (PA)
Daniel E. Stephens (NY)
Johnathan D. Truitt (IL)
Rylan P. Wheeler (IL)
Kelly L. Whitley (NC)
Michelle L. York (WA)
The drivers were included in docket number FMCSA-2014-0017. Their
exemptions are applicable as of July 25, 2018, and will expire on July
25, 2020.
[[Page 28346]]
As of July 26, 2018, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 13 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (77 FR 33551; 77 FR
43901; 81 FR 92949):
Larry J. Anderson (MN)
Wade D. Calvin (WA)
Carl A. Candelaria (NM)
Owen R. Dossett (AL)
Jennifer A. Ferguson (SC)
Michael E. Fritz (NV)
Lee A. Haerterich (WI)
Eric W. Holland (CO)
Richard P. Holmen (MN)
Paul A. Lacina (ND)
Bradley J. Moore (MO)
Ross W. Petermann (MN)
Curtis J. Young (FL)
The drivers were included in docket number FMCSA-2012-0108. Their
exemptions are applicable as of July 26, 2018, and will expire on July
26, 2020.
As of July 27, 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 (75 FR 34206; 75 FR
44049; 81 FR 92949):
Clinton R. Carlson II (RI)
Brandon L. Cheek (NC)
Richard A. Dufton, Jr. (NH)
Kenneth Dunn (IN)
Robert J. Dyxin (IL)
Michael H. Hayden (NY)
John T. Jones (OK)
Blake A.S. Keeten (NE)
Randall L. Koegel (NY)
Worden T. Price (NC)
Gary L. Sager (IL)
Darrel D. Schroeder (KS)
The drivers were included in docket number FMCSA-2010-0138. Their
exemptions are applicable as of July 27, 2018, and will expire on July
27, 2020.
As of July 29, 2018, and in accordance with 49 U.S.C. 31136(e) and
31315, the following 74 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 42035; 81 FR
42044; 81 FR 59725; 81 FR 62793):
Scott D. Allen (NE)
Scott R. Bailey (MA)
Michael J. Beaver (MN)
Casey G. Bergman (MN)
Gary R. Butts (NY)
Christopher D. Chapman (IA)
Robert J. Chapman (OH)
Carey P. Cole (PA)
Steven A. Crain (LA)
Phillip Daquila III (IL)
Paul J. Dematas (NY)
Kirk A. Erickson (MN)
Raymond E. Fisher, Jr. (PA)
Richard M. Frostig (CT)
Jason L. Garrett (TX)
Faustino P. Garza (TX)
Lawrence M. Gates (NY)
Alva E. Gladney (LA)
Robert D. Golding (NM)
John J. Gonzalez (CT)
Bruce E. Gusler (NH)
James M. Haight (NC)
Bradley T. Hall (AL)
Travis L. Handy (DE)
William C. Higgins (NC)
David R. Hodge (MI)
Paul D. Hollenbeck (UT)
Jame Holman (PA)
Kevin R. Holz (MN)
Brian J. Hurley (IL)
Willis A. Jergenson (IA)
Steven C. Jordan, Jr. (MD)
Kevin M. Krug (IN)
Duane A. Leazott (MN)
Robert A. Lewis (PA)
Brian C. Link (NY)
Bruce A. Mattison (WA)
James K. Medeiros (RI)
Richard E. Mellors (NY)
Gregory S. Montierth (CA)
Daniel M. Mulligan (NJ)
John N. Mulready (MA)
Colton J. Nefzger (ND)
Jerry L. Niichel (IA)
Donald S. Oakes (PA)
Dorian T. Papazikos (AL)
Ardell Parks (IL)
Terry D. Paxton (PA)
Carson A. Penny (CA)
Lawrence C. Powers (MI)
Reynier Prieto (FL)
Charles V. Radford, Jr. (NC)
David E. Roth (MN)
Kenneth R. Schleppy (PA)
John J. Shedlock (PA)
Jonathan W. Simoneau (NH)
Malcom D. Small (TX)
Russell F. Smith (PA)
Trenton W. Socha (TX)
Edward D. Sprague (WI)
Carla J. Stafford (TN)
Kenneth R. Stephenson (TX)
Jeffrey S. Toler (IN)
Luis M. Torres (CT)
Lyle D. Tunink (IA)
Fasitupe Tupuola (CA)
Louis D. Valente (MA)
Robert L. Westergaard (NJ)
James A. Wiggins (OK)
Reed R. Wilken (IL)
Mark A. Williams (IN)
Robert A. Yerges (WI)
Abraham K. Yohannan (NY)
Kyle S. Yount (KY)
The drivers were included in docket numbers FMCSA-2016-0041; FMCSA-
2016-0042. Their exemptions are applicable as of July 29, 2018, and
will expire on July 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 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 264 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: June 11, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-12985 Filed 6-15-18; 8:45 am]
BILLING CODE 4910-EX-P
