Qualification of Drivers; Exemption Applications; Diabetes, 53942-53945 [2018-23331]
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Federal Register / Vol. 83, No. 207 / Thursday, October 25, 2018 / Notices
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believes that [current] research supports
exempting WMH and all waste and
recyclable material CMV drivers and
companies from complying with the
ELD mandate and the use of RODS.
NWRA supports WMH’s request to
increase the short-haul exemption from
12 hours to 14 hours as has already been
done for the ready-mix concrete and
asphalt industries.’’
Waste Connections supports the
proposal to increase the return
requirement from 12 to 14 hours: ‘‘We
will continue to work diligently with
our drivers to uphold safety as our #1
value and to keep the time our drivers
spend on the road to a safe duration.’’
The Advocates/The Trucking Alliance
filed joint comments in opposition to
the WMH application for exemption on
the grounds ‘‘that the application does
not meet the statutory and regulatory
requirements for the exemption. The
application fails to justify the need for
the exemption, provide an analysis of
the safety implications of the requested
exemption, or provide information on
the specific countermeasures to be
undertaken to ensure that the exemption
will achieve an equivalent or greater
level of safety that would be achieved
absent the exemption. . . Granting
exemptions to the HOS or ELD rules
undermines the federal regulatory HOS
scheme, weakens specific safety
regulations, and complicates
enforcement.’’
The IBT opposes the exemption
request: ‘‘The idea that increasing the
allowable driving time for WMH drivers
to 14 hours a day will have ‘no adverse
safety impact’ does not align with the
facts. It flies in the face of the logic
behind there being a cap on allowable
driving hours at all. Additional time
behind-the-wheel leads to greater
fatigue, which leads to a greater
propensity for accidents . . . We
strongly encourage the Agency to deny
the request.’’
V. FMCSA Decision
FMCSA has evaluated WMH’s
application and the public comments
and decided to grant the exemption. The
Agency believes that the drivers of
WMH’s CMVs used to collect waste and
recycling materials who are exempted
will likely achieve a level of safety that
is equivalent to or greater than, the level
of safety achieved without the
exemption [49 CFR 381.305(a)]. The
exemption will allow WMH’s drivers to
use the short-haul RODS exception, but
with a 14-hour duty period instead of 12
hours. The Agency granted a similar
exemption to the National Asphalt
Paving Association [January 26, 2018,
(83 FR 3864)].
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Regarding the comments from the
Advocates, the Trucking Alliance and
the IBT, the Agency emphasizes that
this exemption does not allow any
additional driving time during the work
shift, or allow driving after the 14th
hour from the beginning of the work
shift. In addition, drivers are still
limited by the weekly limits, and the
employer must maintain accurate time
records concerning the time the driver
reports for work each day, the total
number of hours the driver is on duty
each day, and the time the driver is
released from duty each day. As the
WMH explained, drivers usually return
to the work reporting location within 12
hours, but the demands during certain
periods necessitate work shifts going
beyond 12 hours. Therefore, the
exemption application should not be
construed as a mechanism for the
applicant to implement a new business
model with all of its drivers routinely
extending maximum work shifts from
12 to 14 hours. It provides limited relief
to the recordkeeping requirements for
HOS for short-haul drivers who find it
necessary to exceed the 12-hour limit,
which impacts the type of HOS records
required.
VI. Terms and Conditions for the
Exemption
• Drivers must have a copy of this
notice or equivalent signed FMCSA
exemption document in their possession
while operating under the terms of the
exemption. The exemption document
must be presented to law enforcement
officials upon request.
• Drivers must return to the work
reporting location and be released from
work within 14 consecutive hours.
Extent of the Exemption
This exemption is limited to the
provisions of 49 CFR 395.1(e)(1)(ii)(A).
These drivers must comply will all
other applicable provisions of the
FMCSRs.
Preemption
Notification to FMCSA
Any motor carrier utilizing this
exemption must notify FMCSA within 5
business days of any accident (as
defined in 49 CFR 390.5), involving any
of the motor carrier’s CMVs operating
under the terms of this exemption. The
Frm 00096
Termination
FMCSA does not believe the drivers
covered by this exemption will
experience any deterioration of their
safety record.
Interested parties or organizations
possessing information that would
otherwise show that any or all of these
motor carriers are not achieving the
requisite statutory level of safety should
immediately notify FMCSA.
The Agency will evaluate any
information submitted and, if safety is
being compromised or if the
continuation of this exemption is
inconsistent with 49 U.S.C. 31315(b)(4)
and 31136(e), FMCSA will immediately
take steps to revoke the exemption of
the company and drivers in question.
Issued on: October 18, 2018.
Raymond P. Martinez,
Administrator.
[FR Doc. 2018–23335 Filed 10–24–18; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
In accordance with 49 U.S.C.
31315(d), during the period this
exemption is in effect, no State shall
enforce any law or regulation that
conflicts with or is inconsistent with
this exemption with respect to a firm or
person operating under the exemption.
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notification must include the following
information:
(a) Identity of the exemption: ‘‘Waste
Management Holdings, Inc.’’
(b) Name of operating motor carrier,
(c) Date of the accident,
(d) City or town, and State, in which
the accident occurred, or closest to the
accident scene,
(e) Driver’s name and license number,
(f) Vehicle number and State license
number,
(g) Number of individuals suffering
physical injury,
(h) Number of fatalities,
(i) The police-reported cause of the
accident,
(j) Whether the driver was cited for
violation of any traffic laws, motor
carrier safety regulations, and
(k) The driver’s total driving time and
total on-duty time period prior to the
accident.
Reports filed under this provision
shall be emailed to MCPSD@DOT.GOV.
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Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2010–0288; FMCSA–
2012–0281; FMCSA–2014–0306; FMCSA–
2014–0307; FMCSA–2016–0221; FMCSA–
2016–0222; FMCSA–2016–0023]
Qualification of Drivers; Exemption
Applications; Diabetes
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of renewal of
exemptions; request for comments.
AGENCY:
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Federal Register / Vol. 83, No. 207 / Thursday, October 25, 2018 / Notices
FMCSA announces its
decision to renew exemptions for 150
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–2010–0288; FMCSA–2012–
0281; FMCSA–2014–0306; FMCSA–
2014–0307; FMCSA–2016–0221;
FMCSA–2016–0222; FMCSA–2016–
0023 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,
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.,
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:
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SUMMARY:
I. Public Participation
A. Submitting Comments
If you submit a comment, please
include the docket number for this
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notice (Docket No. FMCSA–2010–0288;
FMCSA–2012–0281; FMCSA–2014–
0306; FMCSA–2014–0307; FMCSA–
2016–0221; FMCSA–2016–0222;
FMCSA–2016–0023), 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–2010–0288;
FMCSA–2012–0281; FMCSA–2014–
0306; FMCSA–2014–0307; FMCSA–
2016–0221; FMCSA–2016–0222;
FMCSA–2016–0023, 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 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the facility,
please enclose a stamped, 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–2010–0288;
FMCSA–2012–0281; FMCSA–2014–
0306; FMCSA–2014–0307; FMCSA–
2016–0221; FMCSA–2016–0222;
FMCSA–2016–0023, 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.
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53943
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 twoyear period to align with the maximum
duration of a driver’s medical
certification.
The physical qualification standard
for drivers regarding diabetes found in
49 CFR 391.41(b)(3) states that a person
is physically qualified to drive a CMV
if that person has no established
medical history or clinical diagnosis of
diabetes mellitus currently requiring
insulin for control [‘‘diabetes
standard’’].
The 150 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
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
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a driver’s medical certification. In
accordance with 49 U.S.C. 31136(e) and
31315, each of the 150 applicants has
satisfied the renewal conditions for
obtaining an exemption from the
diabetes standard (see 75 FR 59788; 77
FR 59447; 79 FR 59351; 79 FR 63214;
81 FR 67425; 81 FR 72644; 81 FR
72652). 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 November and are
discussed below:
As of November 1, 2018, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 48 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 59351; 81 FR 67425):
Noe D. Aguilar (CA)
Wayne W. Best (PA)
John K. Bottkol (FL)
Justin M. Brown (MT)
John D. Cline (AZ)
Paul H. Coleman (PA)
John D. Colpitts (NC)
Kevin A. Dietz (IL)
Steven M. Dunham (NH)
Frank A. Emrath (WI)
Kirk M. Faria (MA)
Richard L. Farris (WA)
Alex J. Gerena-Santiago (PA)
Clayton G. Hardwick (KY)
Audie C. Holton (GA)
Matthew D. Homan (MI)
Jamison G. Land (VA)
Lester M. Lee, Jr. (GA)
Richard H. Leger (LA)
Aretha Lewis (VA)
Marvin D. Mathis (NC)
Solomon J. Mayfield (GA)
Clay A. McDaniel (MO)
Calvin W. McDaniel (MI)
Brian M. McFadden (MA)
Sean R. Murray (MN)
Sean K. Myhand (GA)
Glen R. Parry (NM)
George E. Patton (AL)
Luther S. Pickell (KS)
Jeffrey E. Prevost (ME)
Michael J. Ramey (CO)
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Richard J. Rasmussen (NE)
Phillip A. Rentschler (IN)
Mark L. Rigby (UT)
Jeffrey K. Roberts (WI)
Marvin A. Ryan (IN)
Craig A. Squib (PA)
Eric R. Storm (GA)
Timothy B. Suck (MI)
Daniel A. Swain (TX)
Sean P. Thomas (IN)
Tyrel J. Turner (ID)
Glenn R. Tyrrell (MN)
Lewis W. Vaught Jr. (NC)
Daniel R. Violette (OR)
Robert C. Williams (OR)
William L. Wiltrout (PA)
The drivers were included in docket
numbers FMCSA—2014–0306, FMCSA
2016–0221. Their exemptions are
applicable as of November 1, 2018, and
will expire on November 2, 2020.
As of November 16, 2018, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 13 individuals
have satisfied the renewal conditions for
obtaining an exemption from the rule
prohibiting drivers with ITDM from
driving CMVs in interstate commerce
(75 FR 59788):
Shale W. Anderson (FL)
Charles L. Arnburg (IA)
Garrett D. Couch (MI)
Mark W. Garver (MN)
Donald S. Keller (MI)
Jason M. Luper (MO)
Harold L. Phillips (OK)
Heath A. Senkel (TX)
Roland R. Unruh (KS)
Norman J. VanTuyle II (MI)
John M. Warden (TX)
Donald E. Weadon (MD)
Douglas W. Williams (TN)
The drivers were included in docket
number FMCSA–2010–0288. Their
exemptions are applicable as of
November 16, 2018, and will expire on
November 16, 2020.
As of November 22, 2018, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following 80 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 63214, 81 FR 72644, 81 FR
72652):
Christopher Albano (PA)
Colter E. Allen (MT)
Jeffrey S. Argabright (OH)
Bert F. Asa (CO)
Brandon D. Baird (TN)
Gregory A. Behm (NE)
Helena R. Berry (GA)
Glenn C. Blank (PA)
John K. Brown (KY)
Gregory A. Carroll (MD)
Kent H. Carter (IN)
Archie Chischilly (AZ)
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James L. Crane (MS)
Timothy L. Dahlberg (WI)
Randy S. Dorn (WI)
Troy E. Dreisbach (PA)
Scott E. Ennis (NY)
Donald L. Feltman (MN)
Benjamin T. Filip (ND)
Richard A. Geiger (IL)
Harold L. Gomez (LA)
Arthur M. Gonzalez (TX)
Todd K. Grama (NY)
Patrick E. Gratts (TX)
Alex J. Gravunder (WI)
Dion A. Harris (OK)
Rick L. Hendrickson (ND)
Henry C. Hinton (IN)
Glenn E. Hoffman (FL)
Jeffrey S. Horvath (OH)
George E. Huften (CT)
Patrick L. Jackson (GA)
William T. Jensen (NJ)
Herbert S. Johnson (IA)
Randall L. Johnson (GA)
Robert W. Johnson, Sr. (NY)
Joseph J. Karas (NJ)
Antonio J. Katzdorn (ID)
Terry J. Koontz (IL)
Richard H. LaDue (NY)
Randy C. Lee (NY)
Jose A. Lucero (AZ)
William D. Lusk (NC)
Gerry A. Lutz (IA)
Kenneth E. McCain (IL)
George F. McCrory (MO)
William P. McLemore, Jr. (IL)
Glenn J. Michalek (IL)
John R. Miller II (OR)
Christopher M. Minor (OH)
Robert A. Nicolai (MO)
Ashby J. Nuckols (VA)
William P. Pearson, II (WI)
Corey M. Planck (MO)
Ronald J. Pomella (FL)
Jonathan P. Preissler (MA)
Ivan A. Pruss (NJ)
Charles R. Quilty (IL)
John M. Rawlinson (IN)
Michael L. Reynolds (NC)
Joseph M. Rowe (MO)
Donald G. Runyon (IN)
Samuel H. Schmidt (MN)
Gary W. Seal (TN)
John B. Simpson (NH)
Garey W. Smith (TN)
Ronnie J. Smith (NC)
Troy Smith (OH)
Dennis J. Stanley (WI)
John E. Steltz (MN)
Mitchell A. Thomas (MN)
James E. Vaughn (TN)
James M. Vavao (CA)
Robert W. Wagner (OH)
Joseph H. Wamsley (WV)
Kevin A. Warren (OH)
Steven M. Weimer (PA)
Kevin L. Wendt (WY)
Michael L. Westbury (SC)
Richelle Y. Wyatt (PA)
The drivers were included in docket
numbers FMCSA–2014–0307, FMCSA–
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2016–0222, FMCSA–2016–0023. Their
exemptions are applicable as of
November 22, 2018, and will expire on
November 22, 2020.
As of November 26, 2018, and in
accordance with 49 U.S.C. 31136(e) and
31315, the following nine individuals
have satisfied the renewal conditions for
obtaining an exemption from the rule
prohibiting drivers with ITDM from
driving CMVs in interstate commerce
(77 FR 59447):
Charles E. Castle (OH)
Larry W. Dearing (IN)
Bradley E. DeWitt (WA)
Leonard R. Dobosenski (MN)
Michael L. Kiefer (SD)
Marcus J. Kyle (IA)
Robert C. Moore (PA)
Jedediaha C. Record (WY)
Jessie L. Webster (KY)
The drivers were included in docket
number FMCSA–2012–0281. Their
exemptions are applicable as of
November 26, 2018, and will expire on
November 26, 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 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.
VI. Preemption
During the period the exemption is in
effect, no State shall enforce any law or
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regulation that conflicts with this
exemption with respect to a person
operating under the exemption.
VII. Conclusion
Based upon its evaluation of the 150
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. 2018–23331 Filed 10–24–18; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2018–0279]
Agency Information Collection
Activities; New Information Collection:
Crash Risk by Commercial Motor
Vehicle Driver Schedules
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice and request for
comments.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995, the
Federal Motor Carrier Safety
Administration (FMCSA) announces its
plan to submit the Information
Collection Request (ICR) described
below to the Office of Management and
Budget (OMB) for its review and
approval and invites public comment.
This ICR is associated with FMCSA’s
study to investigate how commercial
motor vehicle (CMV) drivers’ schedules
impact overall driver performance and
safety. FMCSA needs these data to
answer important research questions
related to driver schedules and how
these affect overall driver performance
and fatigue.
DATES: We must receive your comments
on or before December 24, 2018.
ADDRESSES: You may submit comments
identified by Federal Docket
Management System (FDMS) Docket
Number FMCSA–2018–0279 using any
of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: 1–202–493–2251.
• Mail: Docket Operations; U.S.
Department of Transportation, 1200
SUMMARY:
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New Jersey Avenue SE, West Building,
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery or Courier: U.S.
Department of Transportation, 1200
New Jersey Avenue SE, West Building,
Ground Floor, Room W12–140,
Washington, DC 20590–0001 between 9
a.m. and 5 p.m. e.t., Monday through
Friday, except Federal holidays.
Instructions: All submissions must
include the Agency name and docket
number. For detailed instructions on
submitting comments, see the Public
Participation heading below. 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.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov, and follow the
online instructions for accessing the
dockets, or go to the street address listed
above.
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.
Public Participation: The Federal
eRulemaking Portal is available 24
hours each day, 365 days each year. You
can obtain electronic submission and
retrieval help and guidelines under the
‘‘help’’ section of the Federal
eRulemaking Portal website. If you want
us to notify you that we received your
comments, please include a selfaddressed, stamped envelope or
postcard, or print the acknowledgement
page that appears after submitting
comments online. Comments received
after the comment closing date will be
included in the docket and will be
considered to the extent practicable.
FOR FURTHER INFORMATION CONTACT:
Theresa Hallquist, Research Division,
Department of Transportation, Federal
Motor Carrier Safety Administration,
1200 New Jersey Avenue SE,
Washington, DC 20590. Telephone:
202–366–1064; email theresa.hallquist@
dot.gov.
SUPPLEMENTARY INFORMATION:
Background
The preamble of FMCSA’s December
27, 2011, Hours-of-Service (HOS) of
Drivers Final Rule states, ‘‘FMCSA is
committed to conducting a
E:\FR\FM\25OCN1.SGM
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]]>Agencies
[Federal Register Volume 83, Number 207 (Thursday, October 25, 2018)]
[Notices]
[Pages 53942-53945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23331]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2010-0288; FMCSA-2012-0281; FMCSA-2014-0306; FMCSA-
2014-0307; FMCSA-2016-0221; FMCSA-2016-0222; FMCSA-2016-0023]
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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[[Page 53943]]
SUMMARY: FMCSA announces its decision to renew exemptions for 150
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-2010-0288; FMCSA-2012-0281;
FMCSA-2014-0306; FMCSA-2014-0307; FMCSA-2016-0221; FMCSA-2016-0222;
FMCSA-2016-0023 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-2010-0288; FMCSA-2012-0281; FMCSA-2014-0306;
FMCSA-2014-0307; FMCSA-2016-0221; FMCSA-2016-0222; FMCSA-2016-0023),
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-2010-0288; FMCSA-2012-0281; FMCSA-2014-
0306; FMCSA-2014-0307; FMCSA-2016-0221; FMCSA-2016-0222; FMCSA-2016-
0023, 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-2010-0288; FMCSA-2012-0281; FMCSA-2014-
0306; FMCSA-2014-0307; FMCSA-2016-0221; FMCSA-2016-0222; FMCSA-2016-
0023, 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 150 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 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
[[Page 53944]]
a driver's medical certification. In accordance with 49 U.S.C. 31136(e)
and 31315, each of the 150 applicants has satisfied the renewal
conditions for obtaining an exemption from the diabetes standard (see
75 FR 59788; 77 FR 59447; 79 FR 59351; 79 FR 63214; 81 FR 67425; 81 FR
72644; 81 FR 72652). 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 November
and are discussed below:
As of November 1, 2018, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 48 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 59351; 81 FR
67425):
Noe D. Aguilar (CA)
Wayne W. Best (PA)
John K. Bottkol (FL)
Justin M. Brown (MT)
John D. Cline (AZ)
Paul H. Coleman (PA)
John D. Colpitts (NC)
Kevin A. Dietz (IL)
Steven M. Dunham (NH)
Frank A. Emrath (WI)
Kirk M. Faria (MA)
Richard L. Farris (WA)
Alex J. Gerena-Santiago (PA)
Clayton G. Hardwick (KY)
Audie C. Holton (GA)
Matthew D. Homan (MI)
Jamison G. Land (VA)
Lester M. Lee, Jr. (GA)
Richard H. Leger (LA)
Aretha Lewis (VA)
Marvin D. Mathis (NC)
Solomon J. Mayfield (GA)
Clay A. McDaniel (MO)
Calvin W. McDaniel (MI)
Brian M. McFadden (MA)
Sean R. Murray (MN)
Sean K. Myhand (GA)
Glen R. Parry (NM)
George E. Patton (AL)
Luther S. Pickell (KS)
Jeffrey E. Prevost (ME)
Michael J. Ramey (CO)
Richard J. Rasmussen (NE)
Phillip A. Rentschler (IN)
Mark L. Rigby (UT)
Jeffrey K. Roberts (WI)
Marvin A. Ryan (IN)
Craig A. Squib (PA)
Eric R. Storm (GA)
Timothy B. Suck (MI)
Daniel A. Swain (TX)
Sean P. Thomas (IN)
Tyrel J. Turner (ID)
Glenn R. Tyrrell (MN)
Lewis W. Vaught Jr. (NC)
Daniel R. Violette (OR)
Robert C. Williams (OR)
William L. Wiltrout (PA)
The drivers were included in docket numbers FMCSA--2014-0306, FMCSA
2016-0221. Their exemptions are applicable as of November 1, 2018, and
will expire on November 2, 2020.
As of November 16, 2018, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 13 individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (75 FR 59788):
Shale W. Anderson (FL)
Charles L. Arnburg (IA)
Garrett D. Couch (MI)
Mark W. Garver (MN)
Donald S. Keller (MI)
Jason M. Luper (MO)
Harold L. Phillips (OK)
Heath A. Senkel (TX)
Roland R. Unruh (KS)
Norman J. VanTuyle II (MI)
John M. Warden (TX)
Donald E. Weadon (MD)
Douglas W. Williams (TN)
The drivers were included in docket number FMCSA-2010-0288. Their
exemptions are applicable as of November 16, 2018, and will expire on
November 16, 2020.
As of November 22, 2018, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following 80 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 63214, 81 FR
72644, 81 FR 72652):
Christopher Albano (PA)
Colter E. Allen (MT)
Jeffrey S. Argabright (OH)
Bert F. Asa (CO)
Brandon D. Baird (TN)
Gregory A. Behm (NE)
Helena R. Berry (GA)
Glenn C. Blank (PA)
John K. Brown (KY)
Gregory A. Carroll (MD)
Kent H. Carter (IN)
Archie Chischilly (AZ)
James L. Crane (MS)
Timothy L. Dahlberg (WI)
Randy S. Dorn (WI)
Troy E. Dreisbach (PA)
Scott E. Ennis (NY)
Donald L. Feltman (MN)
Benjamin T. Filip (ND)
Richard A. Geiger (IL)
Harold L. Gomez (LA)
Arthur M. Gonzalez (TX)
Todd K. Grama (NY)
Patrick E. Gratts (TX)
Alex J. Gravunder (WI)
Dion A. Harris (OK)
Rick L. Hendrickson (ND)
Henry C. Hinton (IN)
Glenn E. Hoffman (FL)
Jeffrey S. Horvath (OH)
George E. Huften (CT)
Patrick L. Jackson (GA)
William T. Jensen (NJ)
Herbert S. Johnson (IA)
Randall L. Johnson (GA)
Robert W. Johnson, Sr. (NY)
Joseph J. Karas (NJ)
Antonio J. Katzdorn (ID)
Terry J. Koontz (IL)
Richard H. LaDue (NY)
Randy C. Lee (NY)
Jose A. Lucero (AZ)
William D. Lusk (NC)
Gerry A. Lutz (IA)
Kenneth E. McCain (IL)
George F. McCrory (MO)
William P. McLemore, Jr. (IL)
Glenn J. Michalek (IL)
John R. Miller II (OR)
Christopher M. Minor (OH)
Robert A. Nicolai (MO)
Ashby J. Nuckols (VA)
William P. Pearson, II (WI)
Corey M. Planck (MO)
Ronald J. Pomella (FL)
Jonathan P. Preissler (MA)
Ivan A. Pruss (NJ)
Charles R. Quilty (IL)
John M. Rawlinson (IN)
Michael L. Reynolds (NC)
Joseph M. Rowe (MO)
Donald G. Runyon (IN)
Samuel H. Schmidt (MN)
Gary W. Seal (TN)
John B. Simpson (NH)
Garey W. Smith (TN)
Ronnie J. Smith (NC)
Troy Smith (OH)
Dennis J. Stanley (WI)
John E. Steltz (MN)
Mitchell A. Thomas (MN)
James E. Vaughn (TN)
James M. Vavao (CA)
Robert W. Wagner (OH)
Joseph H. Wamsley (WV)
Kevin A. Warren (OH)
Steven M. Weimer (PA)
Kevin L. Wendt (WY)
Michael L. Westbury (SC)
Richelle Y. Wyatt (PA)
The drivers were included in docket numbers FMCSA-2014-0307, FMCSA-
[[Page 53945]]
2016-0222, FMCSA-2016-0023. Their exemptions are applicable as of
November 22, 2018, and will expire on November 22, 2020.
As of November 26, 2018, and in accordance with 49 U.S.C. 31136(e)
and 31315, the following nine individuals have satisfied the renewal
conditions for obtaining an exemption from the rule prohibiting drivers
with ITDM from driving CMVs in interstate commerce (77 FR 59447):
Charles E. Castle (OH)
Larry W. Dearing (IN)
Bradley E. DeWitt (WA)
Leonard R. Dobosenski (MN)
Michael L. Kiefer (SD)
Marcus J. Kyle (IA)
Robert C. Moore (PA)
Jedediaha C. Record (WY)
Jessie L. Webster (KY)
The drivers were included in docket number FMCSA-2012-0281. Their
exemptions are applicable as of November 26, 2018, and will expire on
November 26, 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 150 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. 2018-23331 Filed 10-24-18; 8:45 am]
BILLING CODE 4910-EX-P
