Qualification of Drivers; Exemption Applications; Diabetes, 40621-40624 [2018-17610]

Download as PDF daltland on DSKBBV9HB2PROD with NOTICES Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices Jacob Paulin (WI) Ryan Pope (CA) Ronald Rutter (CA) Fernando R. Savon (TX) Russel Smith (OH) The drivers were included in docket number FMCSA–2012–0123. Their exemptions are applicable as of April 21, 2018, and will expire on April 21, 2020. As of April 23, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 2 individuals have satisfied the renewal conditions for obtaining an exemption from the hearing requirement in the FMCSRs for interstate CMV drivers (83 FR 6673). Donald Lynch (SC); and Zachery Rietz (TX). The drivers were included in docket number FMCSA–2012–0322. Their exemptions are applicable April 23, 2018, and will expire on April 23, 2020. As of April 24, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 3 individuals have satisfied the renewal conditions for obtaining an exemption from the hearing requirement in the FMCSRs for interstate CMV drivers (83 FR 6673). Kwinton Carpenter (OH); Darren Norquist (WI); and Andery Shevechenko (MN). The drivers were included in docket number FMCSA–2013–0122. Their exemptions are applicable as of April 24, 2018, and will expire on April 24, 2020. As of April 27, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 3 individuals have satisfied the renewal conditions for obtaining an exemption from the hearing requirement in the FMCSRs for interstate CMV drivers (83 FR 6673). Tonya Bland, (MD); John Ferguson, (IL); and Michael McCarthy. The drivers were included in docket number FMCSA–2015–0329. Their exemptions are applicable as of April 27, 2018, and will expire on April 27, 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 would not be consistent with the goals and objectives of 49 U.S.C. 31136 and 31315. VerDate Sep<11>2014 18:28 Aug 14, 2018 Jkt 244001 Issued on: August 9, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018–17589 Filed 8–14–18; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2010–0188; FMCSA– 2012–0164; FMCSA–2014–0019; FMCSA– 2014–0020; FMCSA–2016–0043; FMCSA– 2016–0216; FMCSA–2016–0218; FMCSA– 2016–0219] 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 192 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 September 14, 2018. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA– 2010–0188; FMCSA–2012–0164; FMCSA–2014–0019; FMCSA–2014– 0020; FMCSA–2016–0043; FMCSA– 2016–0216; FMCSA–2016–0218; FMCSA–2016–0219 using any of the following methods: • Federal eRulemaking Portal: Go to http://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. SUMMARY: PO 00000 Frm 00123 Fmt 4703 Sfmt 4703 40621 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 http:// 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 http:// 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 http://www.regulations.gov, as described in the system of records notice (DOT/ALL–14 FDMS), which can be reviewed at http://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 E:\FR\FM\15AUN1.SGM 15AUN1 40622 Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices 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 192 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. daltland on DSKBBV9HB2PROD with NOTICES 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 192 applicants has satisfied the renewal conditions for obtaining an exemption from the diabetes requirement (75 FR 42477; 75 FR 57329; 77 FR 46149; 77 FR 59450; 79 FR 47702; 79 FR 47711; 79 FR 63210; 81 FR 51541; 81 FR 52505; 81 FR 52947; 81 FR 59718; 81 FR 67421; 81 FR 72640; 81 FR 72651; 81 FR 84688; 82 FR 12899). 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 twoyear 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 September and are discussed below: As of September 7, 2018, and in accordance with 49 U.S.C. 31136(e) and VerDate Sep<11>2014 18:28 Aug 14, 2018 Jkt 244001 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 (81 FR 51541, 81 FR 72651): Larry S. Ankerson (WI) Kenneth D. Beatty (MS) Brandon J. Brown (TN) Justin D. Campbell (AL) Vito J. Dambra (PA) Linda D. Davis (IN) Frank A. DeCarolis (KS) Orlando Dominguez (CA) Scott L. Fetzer (PA) Carl E. Fisher (PA) Ryan A. Gehrke (MN) Shane R. Gousie (MA) Randal E. Hampton (NV) Reginald M. Hart (GA) Dennis J. Kniffen (SD) Allen E. Lemaster (SC) Wayne F. Leonard (IL) Joshua W. Lockwood (MD) Brian P. McCabe (WA) Charles M. McKenzie (OH) Michael C. McNamara (SC) Michael S. Meulenberg (MI) Timothy J. Newton (IA) David T. Petty (CA) Ronald K. Roe (PA) Harry W. Roebuck (TX) James D. Tichnor (NJ) Scott W. Waterman (SD) Richard A. Wojciak (CT) The drivers were included in docket number FMCSA–2016–0043. Their exemptions are applicable as of September 7, 2018, and will expire on September 7, 2020. As of September 8, 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 52505, 81 FR 84688): Robert C. Bartleson (WI) Melvin J. Bowers (SC) Howard A. Cambridge (PA) Donald J. Charette (CT) Robert C. Davis (PA) Matthew P. Delaney (MA) Scot D. Dragon (CT) Patrick J. Flynn (IA) Tyson E. Frazier (NH) Charles R. Hurston (LA) Lovie L. Ivory (AL) Rodrigo Jackson (TX) Keith L. Jaynes (ME) James J. Jopp (MN) Evan D. Keese (TN) Michael J. Kelly (NY) Mark A. Lewis (SD) Lloyd I. Lynn (IA) Vincent Marino (WV) Dean A. McCoy (IA) PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 Bruce A. Miller (IA) Eric J. O’Neal (MD) Eugene E. Patterson III (TX) Michael G. Schleining (WA) Ryan A. Scopino (ME) Robert W. Shafer (SD) Terry J. Southards (KS) Timothy T. Stanton (MN) Eric W. Thomason (KS) Glenn M. Turley (WV) Randy R. Wallace (MO) Merle L. Weyer (SD) Norman D. Zamarche (UT) The drivers were included in docket number FMCSA–2016–0218. Their exemptions are applicable as of September 8, 2018, and will expire on September 8, 2020. As of September 10, 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 (81 FR 52947, 81 FR 67421): Dale E. Bliss (WI) Charles W. Bobbitt (WA) Thomas Buckmaster (FL) Carlos A. Chapa (TX) David E. Colorado (UT) Francis J. Crawford (NY) James W. Creech (IN) Kirk A. Devitis (NJ) Melinda L. Echols (WA) Justin W. Garriott (WY) David J. Goergen (MN) Pedro L. Gonzalez (MA) Jeffrey K. Hagen (WI) Charles D. Hall (CA) Bonita K. Hunt (NC) John M. Isley (NC) Jeffrey A. Kidd (MD) Craig T. Kite (OH) Kevin E. Lester (VA) Eric T. Maier (CA) Javier Melendez (TX) Terry L. Neiman (PA) Peter Z. Pall (FL) Vernon Piper (NY) Sean A. Rivera (AZ) James R. Sauceda (NM) Tony B. Wetherell (MN) Mark A. Williams (GA) Steven M. Wilson (IL) Don E. Wood (TX) Charles P. Zenns (NY) The drivers were included in docket number FMCSA–2016–0216. Their exemptions are applicable as of September 10, 2018, and will expire on September 10, 2020. As of September 16, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 58 individuals have satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from E:\FR\FM\15AUN1.SGM 15AUN1 daltland on DSKBBV9HB2PROD with NOTICES Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices driving CMVs in interstate commerce (79 FR 47702, 79 FR 47711, 79 FR 63210, 82 FR 12899): Vincent M. Branch (VA) James M. Brooks (VA) Perry C. Bullis (PA) Richard E. Campney (IA) James E. Cantrell, Jr. (AL) Steven J. Causie (MI) Wesley A. Chain (TX) Kristy S. Clark (VA) Richard M. Cohen (NJ) Dwayne P. Daniels (IL) James T. Dodge (CO) Richard D. Domingo (NV) John J. Dominguez (TX) Bradley C. Dunlap (IL) Gary W. Giles (TX) John A. Gillingham (PA) Ronald L. Glade (IL) Brent C. Godshalk (IN) Benny B. Gonzales (TX) Jerry W. Gott (IA) Daniel E. Harris (IL) Randy S. Holz (IA) Henderson R. Hughes (NY) James L. Hummel (WA) Joseph T. Ingiosi (MI) Michael J. Javenkoski (MN) Steven T. Juhl (WI) Joseph A. Kipus (OH) Kevin L. Kreakie (OH) Kevin C. Lewis (LA) Richard M. Mackey (TX) Paul J. Marshall (UT) David L. McDonald (IL) Kevin J. McGrath (MA) Thomas K. Miszler (PA) Jerry W. Murphy (MS) Christopher D. Murray (NC) Robert D. Noe (IL) Kyle W. Parker (CA) Gary L. Roberts (CT) Eric D. Roberts (MI) Tommy A. Rollins (GA) Janice M. Rowles (PA) William B. Rupert, Jr. (PA) Ahmed A. Saleh (MI) Bradlee R. Saxby (IL) Robert M. Schmitz (IA) Barry L. Schwab (MI) Geoffrey E. Showaker (PA) Bryce J. Smith (UT) David R. Sprenkel (PA) Jeffrey R. Stevens (PA) Artilla M. Thomas (IL) Dale W. Tucker (VA) William C. Vickery (NY) Robert A. Whitcomb (MA) Rodney L. Wichman (IL) Richard D. Wiegartz (IL) The drivers were included in docket numbers FMCSA–2014–0019, FMCSA– 2014–0020. Their exemptions are applicable as of September 16, 2018, and will expire on September 16, 2020. As of September 20, 2018, and in accordance with 49 U.S.C. 31136(e) and VerDate Sep<11>2014 18:28 Aug 14, 2018 Jkt 244001 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 42477, 75 FR 57329, 82 FR 12899): Tommy S. Boden (ID) Dustin G. Cook (OH) Nathan J. Enloe (MO) Joseph B. Hall (GA) Mark H. Horne (NH) Michael J. Hurst (MI) Chad W. Lawyer (IN) Thomas A. Mentley (NY) Justin P. Sibigtroth (IL) Duane A. Wages (ND) Michael J. Williams (NY) Edward L. Winget, Sr. (MS) The drivers were included in docket number FMCSA–2010–0188. Their exemptions are applicable as of September 20, 2018, and will expire on September 20, 2020. As of September 27, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following five individuals have satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce (77 FR 46149, 77 FR 59450, 82 FR 12899): Matthew R. Lanciault (NH) Steven L. Leslie (MI) Del A. Meath (MN) Benny D. Puck (IA) Bob F. Rice (WA) The drivers were included in docket number FMCSA–2016–0164. Their exemptions are applicable as of September 27, 2018, and will expire on September 27, 2020. As of September 30, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 24 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 59718, 81 FR 72640): Scott G. Barr (FL) John L. Bauers (NE) Robert J. Borgese (NJ) Rodger L. Bratton (LA) John T. Brecken (MI) Ross L. Christenson (MN) Daniel B. Cox (WA) Raymond Davila (NJ) Craig W. Dennis (MN) Douglas Endicott (VA) Thomas P. Fogerty (MA) M. A. Gandolfo (NY) Merlyn C. Gerdes (IA) Fabian Guerrero-Rodriguez (NV) James C. Holcomb (LA) Robert J. Lockwood (CT) Adam W. Martin (MI) PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 40623 Lucas J. Preston (ND) William B. Robinson (AR) F. Marino M. Sanchez (NY) Andrew D. Sanford (TN) Michael A. Taylor (CT) Jerry W. Thomas (NC) Ray E. Vaughan (MN) The drivers were included in docket number FMCSA–2016–0219. Their exemptions are applicable as of September 30, 2018, and will expire on September 30, 2020. IV. Conditions and Requirements The exemptions are extended subject to the following conditions: (1) Each driver must submit a quarterly monitoring checklist completed by the treating endocrinologist as well as an annual checklist with a comprehensive medical evaluation; (2) each driver must report within two business days of occurrence, all episodes of severe hypoglycemia, significant complications, or inability to manage diabetes; also, any involvement in an accident or any other adverse event in a CMV or personal vehicle, whether or not it is related to an episode of hypoglycemia; (3) each driver must submit an annual ophthalmologist’s or optometrist’s report; and (4) each driver must provide a copy of the annual medical certification to the employer for retention in the driver’s qualification file, or keep a copy in his/her driver’s qualification file if he/she is selfemployed. The driver must also have a copy of the exemption when driving, for presentation to a duly authorized Federal, State, or local enforcement official. The exemption will be rescinded if: (1) The person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained before it was granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315. V. Preemption During the period the exemption is in effect, no State shall enforce any law or regulation that conflicts with this exemption with respect to a person operating under the exemption. VI. Conclusion Based upon its evaluation of the 192 exemption applications, FMCSA renews the exemptions of the aforementioned drivers from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce. In accordance with 49 U.S.C. 31136(e) and 31315, each exemption will be valid for two years unless revoked earlier by FMCSA. E:\FR\FM\15AUN1.SGM 15AUN1 40624 Federal Register / Vol. 83, No. 158 / Wednesday, August 15, 2018 / Notices Issued on: August 8, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018–17610 Filed 8–14–18; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket Nos. FMCSA 2012–0294; FMCSA 2013–0442; FMCSA–2013–0445; FMCSA– 2015–0321] Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders 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 four 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 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 September 14, 2018. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket Nos. FMCSA 2012–0294; FMCSA 2013–0442; FMCSA–2013–0445; FMCSA–2015– 0321 using any of the following methods: • Federal eRulemaking Portal: Go to http://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. daltland on DSKBBV9HB2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:28 Aug 14, 2018 Jkt 244001 • 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 http:// 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 http:// 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 http://www.regulations.gov, as described in the system of records notice (DOT/ALL–14 FDMS), which can be reviewed at http://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 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. PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 The physical qualification standard for drivers regarding epilepsy found in 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.] The four individuals listed in this notice have requested renewal of their exemptions from the epilepsy and seizure disorders prohibition in 49 CFR 391.41(b)(8), 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 In accordance with 49 U.S.C. 31136(e) and 31315, each of the four applicants has satisfied the renewal conditions for obtaining an exemption from the epilepsy and seizure disorders prohibition. The four drivers in this notice remain in good standing with the Agency, have maintained their 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. In addition, for Commercial Driver’s License (CDL) holders, the Commercial Driver’s License Information System (CDLIS) and the Motor Carrier Management Information System (MCMIS) are searched for crash and violation data. For non-CDL holders, the Agency reviews the driving records from the State Driver’s E:\FR\FM\15AUN1.SGM 15AUN1

Agencies

[Federal Register Volume 83, Number 158 (Wednesday, August 15, 2018)]
[Notices]
[Pages 40621-40624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17610]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0188; FMCSA-2012-0164; FMCSA-2014-0019; FMCSA-
2014-0020; FMCSA-2016-0043; FMCSA-2016-0216; FMCSA-2016-0218; FMCSA-
2016-0219]


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 192 
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 September 
14, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2010-0188; FMCSA-2012-0164; 
FMCSA-2014-0019; FMCSA-2014-0020; FMCSA-2016-0043; FMCSA-2016-0216; 
FMCSA-2016-0218; FMCSA-2016-0219 using any of the following methods:
     Federal eRulemaking Portal: Go to http://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 http://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 http://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 http://www.regulations.gov, as described in 
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed 
at http://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

[[Page 40622]]

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 192 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 192 applicants has satisfied the renewal conditions for obtaining 
an exemption from the diabetes requirement (75 FR 42477; 75 FR 57329; 
77 FR 46149; 77 FR 59450; 79 FR 47702; 79 FR 47711; 79 FR 63210; 81 FR 
51541; 81 FR 52505; 81 FR 52947; 81 FR 59718; 81 FR 67421; 81 FR 72640; 
81 FR 72651; 81 FR 84688; 82 FR 12899). 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 September 
and are discussed below:
    As of September 7, 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 (81 FR 51541, 81 FR 
72651):

Larry S. Ankerson (WI)
Kenneth D. Beatty (MS)
Brandon J. Brown (TN)
Justin D. Campbell (AL)
Vito J. Dambra (PA)
Linda D. Davis (IN)
Frank A. DeCarolis (KS)
Orlando Dominguez (CA)
Scott L. Fetzer (PA)
Carl E. Fisher (PA)
Ryan A. Gehrke (MN)
Shane R. Gousie (MA)
Randal E. Hampton (NV)
Reginald M. Hart (GA)
Dennis J. Kniffen (SD)
Allen E. Lemaster (SC)
Wayne F. Leonard (IL)
Joshua W. Lockwood (MD)
Brian P. McCabe (WA)
Charles M. McKenzie (OH)
Michael C. McNamara (SC)
Michael S. Meulenberg (MI)
Timothy J. Newton (IA)
David T. Petty (CA)
Ronald K. Roe (PA)
Harry W. Roebuck (TX)
James D. Tichnor (NJ)
Scott W. Waterman (SD)
Richard A. Wojciak (CT)

    The drivers were included in docket number FMCSA-2016-0043. Their 
exemptions are applicable as of September 7, 2018, and will expire on 
September 7, 2020.
    As of September 8, 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 52505, 81 FR 
84688):

Robert C. Bartleson (WI)
Melvin J. Bowers (SC)
Howard A. Cambridge (PA)
Donald J. Charette (CT)
Robert C. Davis (PA)
Matthew P. Delaney (MA)
Scot D. Dragon (CT)
Patrick J. Flynn (IA)
Tyson E. Frazier (NH)
Charles R. Hurston (LA)
Lovie L. Ivory (AL)
Rodrigo Jackson (TX)
Keith L. Jaynes (ME)
James J. Jopp (MN)
Evan D. Keese (TN)
Michael J. Kelly (NY)
Mark A. Lewis (SD)
Lloyd I. Lynn (IA)
Vincent Marino (WV)
Dean A. McCoy (IA)
Bruce A. Miller (IA)
Eric J. O'Neal (MD)
Eugene E. Patterson III (TX)
Michael G. Schleining (WA)
Ryan A. Scopino (ME)
Robert W. Shafer (SD)
Terry J. Southards (KS)
Timothy T. Stanton (MN)
Eric W. Thomason (KS)
Glenn M. Turley (WV)
Randy R. Wallace (MO)
Merle L. Weyer (SD)
Norman D. Zamarche (UT)

    The drivers were included in docket number FMCSA-2016-0218. Their 
exemptions are applicable as of September 8, 2018, and will expire on 
September 8, 2020.
    As of September 10, 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 (81 FR 52947, 81 FR 
67421):

Dale E. Bliss (WI)
Charles W. Bobbitt (WA)
Thomas Buckmaster (FL)
Carlos A. Chapa (TX)
David E. Colorado (UT)
Francis J. Crawford (NY)
James W. Creech (IN)
Kirk A. Devitis (NJ)
Melinda L. Echols (WA)
Justin W. Garriott (WY)
David J. Goergen (MN)
Pedro L. Gonzalez (MA)
Jeffrey K. Hagen (WI)
Charles D. Hall (CA)
Bonita K. Hunt (NC)
John M. Isley (NC)
Jeffrey A. Kidd (MD)
Craig T. Kite (OH)
Kevin E. Lester (VA)
Eric T. Maier (CA)
Javier Melendez (TX)
Terry L. Neiman (PA)
Peter Z. Pall (FL)
Vernon Piper (NY)
Sean A. Rivera (AZ)
James R. Sauceda (NM)
Tony B. Wetherell (MN)
Mark A. Williams (GA)
Steven M. Wilson (IL)
Don E. Wood (TX)
Charles P. Zenns (NY)

    The drivers were included in docket number FMCSA-2016-0216. Their 
exemptions are applicable as of September 10, 2018, and will expire on 
September 10, 2020.
    As of September 16, 2018, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 58 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from

[[Page 40623]]

driving CMVs in interstate commerce (79 FR 47702, 79 FR 47711, 79 FR 
63210, 82 FR 12899):

Vincent M. Branch (VA)
James M. Brooks (VA)
Perry C. Bullis (PA)
Richard E. Campney (IA)
James E. Cantrell, Jr. (AL)
Steven J. Causie (MI)
Wesley A. Chain (TX)
Kristy S. Clark (VA)
Richard M. Cohen (NJ)
Dwayne P. Daniels (IL)
James T. Dodge (CO)
Richard D. Domingo (NV)
John J. Dominguez (TX)
Bradley C. Dunlap (IL)
Gary W. Giles (TX)
John A. Gillingham (PA)
Ronald L. Glade (IL)
Brent C. Godshalk (IN)
Benny B. Gonzales (TX)
Jerry W. Gott (IA)
Daniel E. Harris (IL)
Randy S. Holz (IA)
Henderson R. Hughes (NY)
James L. Hummel (WA)
Joseph T. Ingiosi (MI)
Michael J. Javenkoski (MN)
Steven T. Juhl (WI)
Joseph A. Kipus (OH)
Kevin L. Kreakie (OH)
Kevin C. Lewis (LA)
Richard M. Mackey (TX)
Paul J. Marshall (UT)
David L. McDonald (IL)
Kevin J. McGrath (MA)
Thomas K. Miszler (PA)
Jerry W. Murphy (MS)
Christopher D. Murray (NC)
Robert D. Noe (IL)
Kyle W. Parker (CA)
Gary L. Roberts (CT)
Eric D. Roberts (MI)
Tommy A. Rollins (GA)
Janice M. Rowles (PA)
William B. Rupert, Jr. (PA)
Ahmed A. Saleh (MI)
Bradlee R. Saxby (IL)
Robert M. Schmitz (IA)
Barry L. Schwab (MI)
Geoffrey E. Showaker (PA)
Bryce J. Smith (UT)
David R. Sprenkel (PA)
Jeffrey R. Stevens (PA)
Artilla M. Thomas (IL)
Dale W. Tucker (VA)
William C. Vickery (NY)
Robert A. Whitcomb (MA)
Rodney L. Wichman (IL)
Richard D. Wiegartz (IL)

    The drivers were included in docket numbers FMCSA-2014-0019, FMCSA-
2014-0020. Their exemptions are applicable as of September 16, 2018, 
and will expire on September 16, 2020.
    As of September 20, 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 42477, 75 FR 
57329, 82 FR 12899):

Tommy S. Boden (ID)
Dustin G. Cook (OH)
Nathan J. Enloe (MO)
Joseph B. Hall (GA)
Mark H. Horne (NH)
Michael J. Hurst (MI)
Chad W. Lawyer (IN)
Thomas A. Mentley (NY)
Justin P. Sibigtroth (IL)
Duane A. Wages (ND)
Michael J. Williams (NY)
Edward L. Winget, Sr. (MS)

    The drivers were included in docket number FMCSA-2010-0188. Their 
exemptions are applicable as of September 20, 2018, and will expire on 
September 20, 2020.
    As of September 27, 2018, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following five individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (77 FR 46149, 77 FR 
59450, 82 FR 12899):

Matthew R. Lanciault (NH)
Steven L. Leslie (MI)
Del A. Meath (MN)
Benny D. Puck (IA)
Bob F. Rice (WA)

    The drivers were included in docket number FMCSA-2016-0164. Their 
exemptions are applicable as of September 27, 2018, and will expire on 
September 27, 2020.
    As of September 30, 2018, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 24 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 59718, 81 FR 
72640):

Scott G. Barr (FL)
John L. Bauers (NE)
Robert J. Borgese (NJ)
Rodger L. Bratton (LA)
John T. Brecken (MI)
Ross L. Christenson (MN)
Daniel B. Cox (WA)
Raymond Davila (NJ)
Craig W. Dennis (MN)
Douglas Endicott (VA)
Thomas P. Fogerty (MA)
M. A. Gandolfo (NY)
Merlyn C. Gerdes (IA)
Fabian Guerrero-Rodriguez (NV)
James C. Holcomb (LA)
Robert J. Lockwood (CT)
Adam W. Martin (MI)
Lucas J. Preston (ND)
William B. Robinson (AR)
F. Marino M. Sanchez (NY)
Andrew D. Sanford (TN)
Michael A. Taylor (CT)
Jerry W. Thomas (NC)
Ray E. Vaughan (MN)

    The drivers were included in docket number FMCSA-2016-0219. Their 
exemptions are applicable as of September 30, 2018, and will expire on 
September 30, 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 192 exemption applications, FMCSA 
renews the exemptions of the aforementioned drivers from the rule 
prohibiting drivers with ITDM from driving CMVs in interstate commerce. 
In accordance with 49 U.S.C. 31136(e) and 31315, each exemption will be 
valid for two years unless revoked earlier by FMCSA.


[[Page 40624]]


    Issued on: August 8, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-17610 Filed 8-14-18; 8:45 am]
 BILLING CODE 4910-EX-P