Qualification of Drivers; Exemption Applications; Diabetes, 53949-53951 [2018-23330]

Agencies

• Federal Motor Carrier Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 83, Number 207 (Thursday, October 25, 2018)]
[Notices]
[Pages 53949-53951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23330]



[[Page 53949]]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0328; FMCSA-2012-0282; FMCSA-2012-0283; FMCSA-
2014-0308; FMCSA-2014-0309; FMCSA-2016-0225; FMCSA-2016-0379]


Qualification of Drivers; Exemption Applications; Diabetes

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of renewal of exemptions; request for comments.

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SUMMARY: FMCSA announces its decision to renew exemptions for 145 
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 November 
26, 2018.

ADDRESSES: You may submit comments identified by the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2010-0328; FMCSA-2012-0282; 
FMCSA-2012-0283; FMCSA-2014-0308; FMCSA-2014-0309; FMCSA-2016-0225; 
FMCSA-2016-0379 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., 
ET, Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation'' portion of the SUPPLEMENTARY 
INFORMATION section for instructions on submitting comments.

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., ET, 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. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (Docket No. FMCSA-2010-0328; FMCSA-2012-0282; FMCSA-2012-0283; 
FMCSA-2014-0308; FMCSA-2014-0309; FMCSA-2016-0225; FMCSA-2016-0379), 
indicate the specific section of this document to which each comment 
applies, and provide a reason for each suggestion or recommendation. 
You may submit your comments and material online or by fax, mail, or 
hand delivery, but please use only one of these means. FMCSA recommends 
that you include your name and a mailing address, an email address, or 
a phone number in the body of your document so that FMCSA can contact 
you if there are questions regarding your submission.
    To submit your comment online, go to https://www.regulations.gov, 
put the docket number, FMCSA-2010-0328; FMCSA-2012-0282; FMCSA-2012-
0283; FMCSA-2014-0308; FMCSA-2014-0309; FMCSA-2016-0225; FMCSA-2016-
0379, in the keyword box, and click ``Search.'' When the new screen 
appears, click on the ``Comment Now!'' button and type your comment 
into the text box on the following screen. Choose whether you are 
submitting your comment as an individual or on behalf of a third party 
and then submit.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the facility, please enclose a stamped, 
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the 
comment period.

B. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice 
as being available in the docket, go to https://www.regulations.gov. 
Insert the docket number, FMCSA-2010-0328; FMCSA-2012-0282; FMCSA-2012-
0283; FMCSA-2014-0308; FMCSA-2014-0309; FMCSA-2016-0225; FMCSA-2016-
0379, in the keyword box, and click ``Search.'' Next, click the ``Open 
Docket Folder'' button and choose the document to review. If you do not 
have access to the internet, you may view the docket online by visiting 
the Docket Management Facility in Room W12-140 on the Ground Floor of 
the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590, 
between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal 
holidays.

C. 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 www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

II. 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 [``diabetes standard''].
    The 145 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.

III. 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

[[Page 53950]]

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.

IV. Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no 
longer than five years from its approval date and may be renewed upon 
application. FMCSA grants exemptions from the diabetes standard for a 
two-year period to align with the maximum duration of a driver's 
medical certification. In accordance with 49 U.S.C. 31136(e) and 31315, 
each of the 145 applicants has satisfied the renewal conditions for 
obtaining an exemption from the diabetes standard (see 75 FR 63536; 75 
FR 77952; 77 FR 63411; 77 FR 64181; 77 FR 75492; 77 FR 75493; 79 FR 
66451; 79 FR 70920; 80 FR 2479; 80 FR 5613; 81 FR 84677; 81 FR 85312; 
81 FR 92941; 82 FR 12880; 82 FR 12890). 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 December 
and are discussed below:
    As of December 9, 2018, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 26 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 66451; 80 FR 
2479; 81 FR 92941):

Travis L. Beck (OH)
Corey C. Bennett (MS)
Nicholas J. Borelli (NJ)
Elvis P. Butler (TN)
John H. Butler (OH)
Michael E. Calvert (TX)
Kevin E. Conti (OH)
Marsh L. Daggett (TX)
Lorenza K. Jefferson (VA)
William O. Johnson, Jr. (IN)
Michael E. Kroll (WI)
Isolina Matos (NJ)
Rex D. McManaway, Sr. (IL)
Steven A. Metternick (MI)
Daniel P. Miller (PA)
Raymond E. Pawloski (MI)
Loren A. Pingel (CO)
Terrence A. Proctor (MD)
Heber E. Rodriguez (VA)
Maurice S. Styles (MN)
Richard J. Thomas (IN)
Kevin E. Tucker (WV)
Robert Vassallo (NY)
Clifford L. White (KS)
Jason L. Woody (KS)
Wesley B. Yokum (PA)

    The drivers were included in docket number FMCSA-2014-0308. Their 
exemptions are applicable as of December 9, 2018, and will expire on 
December 9, 2020.
    As of December 14, 2018, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following nine individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (75 FR 63536; 75 FR 
77952; 81 FR 92941):

William V. Barbrie (RI)
John P. Catalano (NJ)
Gary J. Dionne (ID)
Thomas C. Donahue (MA)
Robert Minacapelli (NY)
Joe E. Radabaugh (OH)
Ben D. Shelton, Jr. (IL)
Nestor P. Vargas, Jr. (WA)
Harold A. Wendt (MN)

    The drivers were included in docket number FMCSA-2010-0328. Their 
exemptions are applicable as of December 14, 2018, and will expire on 
December 14, 2020.
    As of December 20, 2018, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 15 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 63411; 77 FR 
64181; 77 FR 75492; 77 FR 75493; 81 FR 92941):

James D. Astle (OH)
Robert E. Carroll (FL)
Thomas L. Gilmore (IA)
Kenneth M. Hansen (IA)
David J. Heppelmann (MN)
Dennis R. Johnson (TN)
Ronald D. Johnston (VA)
Steven M. Knezevich (MI)
Carl E. McCartney (PA)
Fred Nelson, Jr. (PA)
Ricky L. Osterback (WA)
Joseph M. Polkowski, Sr. (PA)
Dan R. Stark (MN)
Mark A. Welch, Jr. (PA)
Bailey G. Zickefoose, Jr. (WV)

    The drivers were included in docket numbers FMCSA-2012-0282; FMCSA-
2012-0283. Their exemptions are applicable as of December 20, 2018, and 
will expire on December 20, 2020.
    As of December 24, 2018, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 32 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 84677; 82 FR 
12890):

Rickey C. Alvis (NC)
Bennie L. Baker (TX)
Darious A. Ballou (NC)
Salauddin Baset (TX)
Ralph G. Caffee (PA)
David L. Cheshire (MI)
Allan S. Clugston (NY)
Jimmy D. Curtis (TX)
Larry D. Dearth (WI)
Keith M. Dickerson (WI)
James J. Dorio (PA)
Virgil J. Erhardt (IA)
Jimmy J. Fanelli (OR)
William L. Garrity (CT)
Robin D. Gibson (DC)
Steven W. Harry (OR)
Jay M. Hill (CO)
Paul J. Horne (NY)
John E. Kerby (NE)
Adam R. Kleist (OR)
Jacob A. Knezevich (NM)
Joel A. Kroll (SD)
Edwin J. Lundquist (MN)
Stephen C. Mickle (AL)
Tyler J. Oakland (NE)
Martin J. Reding (OR)
Daniel A. Rivera (FL)
Gerald J. Rosauer (WI)
Chester G. Selfridge (PA)
Paul A. Sheehan (PA)
Michael W. Sutton (WA)
Noah E. Thompson (AL)

    The drivers were included in docket number FMCSA-2016-0225. Their 
exemptions are applicable as of December 24, 2018, and will expire on 
December 24, 2020.
    As of December 28, 2018, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 26 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 85312; 82 FR 
12880):

Mitchell G. Aucoin (NH)
Nelson T. Barninger (PA)
Thomas J. Bonura (TX)
Todd M. Boughter (PA)
Bradley J. Brown (OH)
Alex Caterson (PA)
Kimberly J. Davis (CT)
Earl C. Duke (VA)
David A. Evans (PA)
Robert H. Haines (PA)
Anthony L. Hamilton (TX)
Donovan K. Helton (VA)
Ricky W. Knudsen (MN)
Brandon S. Koehn (KS)
Stephen B. Macisaac (NY)

[[Page 53951]]

Corey M. McCormack (CA)
Melvin W. Miller (MI)
Anthony H. Patrick (KY)
Danny L. Peterson (WI)
Robert L. Rich, Jr. (MN)
Eugene P. Roever (AR)
Jim W. Royer (MN)
David E. Schoch (NJ)
Joshua D. Taylor (MO)
Clyde L. Weaver (NC)
Jason A. Weiss (IL)

    The drivers were included in docket number FMCSA-2016-0379. Their 
exemptions are applicable as of December 28, 2018, and will expire on 
December 28, 2020.
    As of December 29, 2018, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 37 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 70920; 80 FR 
5613; 81 FR 92941):

Andrew P. Bivens (TN)
Everett D. Blevins (KY)
Kirk J. Brummeler (GA)
Travis M. Bryan (MA)
John W. Condy (NY)
Kevin V. Cook (MO)
Guido Criscuolo, Jr. (CT)
Zachary L. Diehl (IL)
Andrea I. Dirksen (IA)
Clarice L. Dunklin (LA)
Ricky L. Exler (FL)
Paul B. Fuerstenberg (WI)
Nathan M. Gallant (TX)
Louis A. Goodenough (IN)
Tyler L. Gravatt (ID)
Gary W. Honaker (VA)
Rex L. Kreutzer (NE)
Larry D. Lloyd (OR)
Dennis D. Markowski (WA)
William F. Melchert-Dinkel (MN)
Brit K. Miller (SD)
Charles B. Petersen (ID)
Anthony J. Politan (IN)
Emil T. Ricci (PA)
Arturo Robles (WY)
Robert F. Rothbauer (WI)
Michael A. Runyan, Jr. (NC)
John D. Sheets (NH)
Kyle L. Shuman (NY)
Gregory A. Smith (GA)
William S. Spaeth (WI)
Eloy G. Tijerina (TX)
Santos R. Torres (TX)
Leroy A. Traudt (NE)
Gerald S. Volpone, Jr. (MA)
Galen R. Watts (TX)
John E. Wildenmann (KY)

    The drivers were included in docket number FMCSA-2014-0309. Their 
exemptions are applicable as of December 29, 2018, and will expire on 
December 29, 2020.

V. 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.

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 145 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: October 17, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-23330 Filed 10-24-18; 8:45 am]
 BILLING CODE 4910-EX-P