Qualification of Drivers; Exemption Applications; Diabetes, 40621-40624 [2018-17610]
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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.
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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
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.
SUMMARY:
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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 https://
www.regulations.gov, including any
personal information provided. Please
see the Privacy Act heading below for
further information.
Docket: For access to the docket to
read background documents or
comments, go to https://
www.regulations.gov at any time or
Room W12–140 on the ground level of
the West Building, 1200 New Jersey
Avenue, SE, Washington, DC, between 9
a.m. and 5 p.m., e.t., Monday through
Friday, except Federal holidays. The
FDMS is available 24 hours each day
e.t., 365 days each year. If you want
acknowledgment that we received your
comments, please include a selfaddressed, stamped envelope or
postcard or print the acknowledgement
page that appears after submitting
comments online.
Privacy Act: In accordance with 5
U.S.C. 553(c), DOT solicits comments
from the public to better inform its
rulemaking process. DOT posts these
comments, without edit, including any
personal information the commenter
provides, to https://www.regulations.gov,
as described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at https://www.dot.gov/
privacy.
Ms.
Christine A. Hydock, Chief, Medical
Programs Division, 202–366–4001,
fmcsamedical@dot.gov, FMCSA,
Department of Transportation, 1200
New Jersey Avenue SE, Room W64–224,
Washington, DC 20590–0001. Office
hours are from 8:30 a.m. to 5:30 p.m.,
e.t., Monday through Friday, except
Federal holidays. If you have questions
regarding viewing or submitting
material to the docket, contact Docket
Services, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Background
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may grant an exemption for five
years if it finds ‘‘such exemption would
likely achieve a level of safety that is
equivalent to or greater than the level
that would be achieved absent such
exemption.’’ The statute also allows the
Agency to renew exemptions at the end
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
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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.
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II. Request for Comments
Interested parties or organizations
possessing information that would
otherwise show that any, or all, of these
drivers are not currently achieving the
statutory level of safety should
immediately notify FMCSA. The
Agency will evaluate any adverse
evidence submitted and, if safety is
being compromised or if continuation of
the exemption would not be consistent
with the goals and objectives of 49
U.S.C. 31136(e) and 31315, FMCSA will
take immediate steps to revoke the
exemption of a driver.
III. Basis for Renewing Exemptions
Under 49 U.S.C. 31315(b)(1), an
exemption may be granted for no longer
than two years from its approval date
and may be renewed upon application.
In accordance with 49 U.S.C. 31136(e)
and 31315, each of the 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
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18:28 Aug 14, 2018
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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)
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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
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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
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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)
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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.
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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
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.
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 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 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.
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Fmt 4703
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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 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
[[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
