82_FR_56337 82 FR 56111 - Qualification of Drivers; Exemption Applications; Diabetes

82 FR 56111 - Qualification of Drivers; Exemption Applications; Diabetes

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 82, Issue 226 (November 27, 2017)

Page Range56111-56113
FR Document2017-25524

FMCSA announces its decision to renew exemptions for 99 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.

Federal Register, Volume 82 Issue 226 (Monday, November 27, 2017)
[Federal Register Volume 82, Number 226 (Monday, November 27, 2017)]
[Notices]
[Pages 56111-56113]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25524]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2007-27801; FMCSA-2007-28536; FMCSA-2008-0175; FMCSA-
2008-0267; FMCSA-2009-0207; FMCSA-2011-0192; FMCSA-2013-0181; FMCSA-
2013-0182]


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 99 
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 December 
27, 2017.

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.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket Nos. FMCSA-2007-27801; FMCSA-2007-
28536; FMCSA-2008-0175; FMCSA-2008-0267; FMCSA-2009-0207; FMCSA-2011-
0192; FMCSA-2013-0181; FMCSA-2013-0182 using any of the following 
methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., 
ET, Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the 
docket number(s) for this notice. Note that all comments received will 
be posted without change to http://www.regulations.gov, including any 
personal information provided. Please see the Privacy Act heading below 
for further information.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov at any time or

[[Page 56112]]

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., ET, Monday 
through Friday, except Federal holidays. The FDMS is available 24 hours 
each day ET, 365 days each year. If you want acknowledgment that we 
received your comments, please include a self-addressed, stamped 
envelope or postcard or print the acknowledgement page that appears 
after submitting comments online.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to http://www.regulations.gov, as described in 
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed 
at http://www.dot.gov/privacy.

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
from the FMCSRs for a five-year period 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 99 individuals listed in this notice have requested an 
exemption from the diabetes prohibition in 49 CFR 391.41(b)(3). 
Accordingly, the Agency will evaluate the qualifications of each 
applicant to determine whether granting the exemption will achieve the 
required level of safety mandated by statute.
    The physical qualification standard for drivers regarding diabetes 
found in 49 CFR 391.41(b)(3) states that a person is physically 
qualified to drive a CMV if that person has no established medical 
history or clinical diagnosis of diabetes mellitus currently requiring 
insulin for control. The Agency established the current requirement for 
diabetes in 1970 because several risk studies indicated that drivers 
with diabetes had a higher rate of crash involvement than the general 
population.
    FMCSA established its diabetes exemption program, based on the 
Agency's July 2000 study entitled ``A Report to Congress on the 
Feasibility of a Program to Qualify Individuals with Insulin-Treated 
Diabetes Mellitus to Operate in Interstate Commerce as Directed by the 
Transportation Act for the 21st Century.'' The report concluded that a 
safe and practicable protocol to allow some drivers with ITDM to 
operate CMVs is feasible. The September 3, 2003 (68 FR 52441), Federal 
Register notice in conjunction with the November 8, 2005 (70 FR 67777), 
Federal Register notice provides the current protocol for allowing such 
drivers to operate CMVs in interstate commerce.
    FMCSA notes that section 4129 of the Safe, Accountable, Flexible 
and Efficient Transportation Equity Act: A Legacy for Users requires 
the Secretary to revise its diabetes exemption program established on 
September 3, 2003 (68 FR 52441). The revision must provide for 
individual assessment of drivers with diabetes mellitus, and be 
consistent with the criteria described in section 4018 of the 
Transportation Equity Act for the 21st Century (49 U.S.C. 31305). 
Section 4129 requires: (1) Elimination of the requirement for three 
years of experience operating CMVs while being treated with insulin; 
and (2) establishment of a specified minimum period of insulin use to 
demonstrate stable control of diabetes before being allowed to operate 
a CMV.
    In response to section 4129, FMCSA made immediate revisions to the 
diabetes exemption program established by the September 3, 2003 notice. 
FMCSA discontinued use of the three-year driving experience and 
fulfilled the requirements of section 4129 while continuing to ensure 
that operation of CMVs by drivers with ITDM will achieve the requisite 
level of safety required of all exemptions granted under 49 U.S.C. 
31136 (e). Section 4129(d) also directed FMCSA to ensure that drivers 
of CMVs with ITDM are not held to a higher standard than other drivers, 
with the exception of limited operating, monitoring and medical 
requirements that are deemed medically necessary. The FMCSA concluded 
that all of the operating, monitoring and medical requirements set out 
in the September 3, 2003, notice, except as modified, were in 
compliance with section 4129(d). Therefore, all of the requirements set 
out in the September 3, 2003, notice, except as modified by the notice 
in the Federal Register on November 8, 2005 (70 FR 67777), remain in 
effect.

II. Qualifications of Applicants

    As of October 3, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 16 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (76 FR 47291; 76 FR 
61139):

Michael J. Alexander (MO)
Dean A. Chamberlin (NE)
Ronald D. Fatka (IA)
Frank B. Hernandez (MN)
Dale A. Iverson (UT)
John H. Krastel, Jr. (MD)
Edward Linhart (MA)
Larry D. Matson (MT)
David W. Payne (KS)
Jim B. Robertson II (KY)
Donald M. Rush, Jr. (GA)
Barry A. Sircy (KY)
John S. Starchevich (IA)
Michael B. Tortora (VT)
Charlotte C. Watson (CA)
Shaun M. Wheeler (CT)

    The drivers were included in docket number FMCSA-2011-0192. Their 
exemptions are applicable as of October 3, 2017, and will expire on 
October 3, 2019.
    As of October 15, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 43 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (72 FR 45480; 72 FR 
58360; 73 FR 45519; 73 FR 61188; 78 FR 50486; 78 FR 65031):

Scott M. Aitcheson (MI)
Robert V. Balmes (IL)
Kenneth M. Brinker (SD)
Daniel A. Brown (IN)
Floyd G. Burbach (SD)
Frederick J. Caldarelli III (KS)
Jay P. Cave (IL)
William J. Compton (MI)
Brian R. Current (IA)
Mark A. Davis (AR)
Todd J. Donnelly (IA)
Carmine J. Fossile (MA)
Steven M. French (MI)
Philip P. Gray (VA)
John L. Hansen (MT)
Michael G. Harp (OK)
Darin D. Harries (MN)
James M. Holland (WA)
William E. Hollowell (MI)
Matthew S. Hooker (IN)
Cindy L. Hushin-Brink (PA)
Gregory A. Iverson (IA)
Bradley M. Johnson (ID)
Mark A. Jones (WI)
Michael J. Keating (IL)
Richard D. Knoche (IL)
Jonathan D. Koehn (NE)
Edward M. Mason (KY)
Harold W. McCullough (NE)
Kurt V. Miller (IL)
Tyree L. Murdock II (FL)
Thomas L. Nesbit (PA)
Richard Rodriguez (KS)
Scott D. Schultz (MN)
Mark W. Seem (IN)

[[Page 56113]]

Marvin R. Shipman (GA)
Chris W. Smaltz (AZ)
Randy E. Veit (IL)
Edwin C.E. Whitcomb (ND)
Steven S. Whitt, Sr. (MO)
Derek J. Wright (AL)
Donald W. Yeager (PA)
Mick B. Zoske (IA)

    The drivers were included in one of the following docket numbers: 
FMCSA-2007-27801; FMCSA-2008-0175; FMCSA-2013-0182. Their exemptions 
are applicable as of October 15, 2017, and will expire on October 15, 
2019.
    As of October 18, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, Justin R. Freeman (ID) has satisfied the renewal conditions 
for obtaining an exemption from the rule prohibiting drivers with ITDM 
from driving CMVs in interstate commerce (78 FR 38435; 78 FR 63294).
    This driver was included in docket number FMCSA-2013-0181. The 
exemption is applicable as of October 18, 2017, and will expire on 
October 18, 2019.
    As of October 19, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 9 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (72 FR 50442; 72 FR 
59332; 74 FR 41486; 74 FR 53583):

Jim E. Chester (IN)
Blaine H. Holmes (UT)
James R. Hudson (AZ)
Roger L. Kaufman (KY)
Clifford L. Rayl (IN)
Steven J. Shaw (NV)
Scott L. Stamstad (WI)
Kendell R. Strassman (WI)
Maurice L. Wedel (KS)

    The drivers were included in one of the following docket numbers: 
FMCSA-2007-28536; FMCSA-2009-0207. Their exemptions are applicable as 
of October 19, 2017, and will expire on October 19, 2019.
    As of October 22, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 9 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (73 FR 52451; 73 FR 
63041):

Michael B. Bennington, Sr. (PA)
Larry J. Eischens (SD)
David J. Hanzl (NY)
Thomas R. Jones (OH)
John G. Schaible, Jr. (NY)
Rory J. Seleman (IL)
Chase M. Wells (NY)
Laurie E. White (NY)
Craig E. Wolf (IL)

    The drivers were included in docket number FMCSA-2008-0267. Their 
exemptions are applicable as of October 22, 2017, and will expire on 
October 22, 2019.
    As of October 23, 2017, 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 (78 FR 38435; 78 FR 
63294):

Craig W. Blackner (UT)
John L. Fischer (ND)
Douglas E. Gibbs (TX)
Clarence H. Holliman Jr. (MS)
Tracy S. Johnson (FL)
Chad D. Labonte (ID)
Jason J. Marks (LA)
Keith R. McKeever (PA)
Alberto Ramirez (CA)
Brian S. Ruth (AK)
Ronald S. Smith (NJ)
Lawrence E. Starks Sr. (IN)
Calvin C. Wallingford (NY)

    The drivers were included in docket number FMCSA-2013-0181. Their 
exemptions are applicable as of October 23, 2017, and will expire on 
October 23, 2019.
    As of October 28, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, Ricky A. Root (IL) has satisfied the renewal conditions for 
obtaining an exemption from the rule prohibiting drivers with ITDM from 
driving CMVs in interstate commerce (78 FR 50486; 78 FR 65031).
    This driver was included in docket number FMCSA-2013-0182. The 
exemption is applicable as of October 28, 2017, and will expire on 
October 28, 2019.
    As of October 30, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 7 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (78 FR 50486; 78 FR 
65031):

Peter Engel (PA)
Jhon A. Fitzgerald (ME)
Lewis E. Forrester (PA)
Ray Harrison (MD)
Charles LaBruno (PA)
Shawn E. Marks (PA)
Donald G. Staggs (CA)

    The drivers were included in docket number FMCSA-2013-0182. Their 
exemptions are applicable as of October 30, 2017, and will expire on 
October 30, 2019.

III. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests 
public comment from all interested persons on the exemption petitions 
described in this notice. We will consider all comments received before 
the close of business on the closing date indicated in the dates 
section of the notice.
    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 http://www.regulations.gov and 
in the search box insert the docket number FMCSA-2007-27801; FMCSA-
2007-28536; FMCSA-2008-0175; FMCSA-2008-0267; FMCSA-2009-0207; FMCSA-
2011-0192; FMCSA-2013-0181; FMCSA-2013-0182 and click the search 
button. When the new screen appears, click on the blue ``Comment Now!'' 
button on the right hand side of the page. On the new page, enter 
information required including the specific section of this document to 
which each comment applies, and provide a reason for each suggestion or 
recommendation. 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.
    We will consider all comments and materials received during the 
comment period. FMCSA may issue a final determination at any time after 
the close of the comment period.

IV Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
preamble, go to http://www.regulations.gov and in the search box insert 
the docket number FMCSA-2007-27801; FMCSA-2007-28536; FMCSA-2008-0175; 
FMCSA-2008-0267; FMCSA-2009-0207; FMCSA-2011-0192; FMCSA-2013-0181; 
FMCSA-2013-0182 and click ``Search.'' Next, click ``Open Docket 
Folder'' and you will find all documents and comments related to this 
notice.

    Issued on: November 17, 2017.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2017-25524 Filed 11-24-17; 8:45 am]
 BILLING CODE 4910-EX-P



                                                                               Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Notices                                          56111

                                                    III. Basis for Renewing Exemptions                      stability of treatment and that the driver            individuals from its prohibition in the
                                                      In accordance with 49 U.S.C. 31136(e)                 has remained seizure-free; (3) each                   Federal Motor Carrier Safety
                                                    and 31315, each of the 10 applicants has                driver must undergo an annual medical                 Regulations (FMCSRs) against persons
                                                    satisfied the renewal conditions for                    examination by a certified Medical                    with insulin-treated diabetes mellitus
                                                    obtaining an exemption from the                         Examiner, as defined by 49 CFR 390.5;                 (ITDM) from operating commercial
                                                    epilepsy and seizure disorders                          and (4) each driver must provide a copy               motor vehicles (CMVs) in interstate
                                                    prohibition. The 10 drivers in this                     of the annual medical certification to                commerce. The exemptions enable these
                                                    notice remain in good standing with the                 the employer for retention in the                     individuals with ITDM to continue to
                                                    Agency, have maintained their medical                   driver’s qualification file, or keep a copy           operate CMVs in interstate commerce.
                                                    monitoring and have not exhibited any                   of his/her driver’s qualification file if             DATES: Each group of renewed
                                                    medical issues that would compromise                    he/she is self-employed. The driver                   exemptions were applicable on the
                                                    their ability to safely operate a CMV                   must also have a copy of the exemption                dates stated in the discussions below
                                                    during the previous two-year exemption                  when driving, for presentation to a duly              and will expire on the dates stated in
                                                    period. In addition, for Commercial                     authorized Federal, State, or local                   the discussions below. Comments must
                                                    Driver’s License (CDL) holders, the                     enforcement official. The exemption                   be received on or before December 27,
                                                    Commercial Driver’s License                             will be rescinded if: (1) The person fails            2017.
                                                    Information System (CDLIS) and the                      to comply with the terms and                          FOR FURTHER INFORMATION CONTACT: Ms.
                                                    Motor Carrier Management Information                    conditions of the exemption; (2) the                  Christine A. Hydock, Chief, Medical
                                                    System (MCMIS) are searched for crash                   exemption has resulted in a lower level               Programs Division, 202–366–4001,
                                                    and violation data. For non-CDL                         of safety than was maintained before it               fmcsamedical@dot.gov, FMCSA,
                                                    holders, the Agency reviews the driving                 was granted; or (3) continuation of the               Department of Transportation, 1200
                                                    records from the State Driver’s                         exemption would not be consistent with                New Jersey Avenue SE., Room W64–
                                                    Licensing Agency (SDLA). These factors                  the goals and objectives of 49 U.S.C.                 224, Washington, DC 20590–0001.
                                                    provide an adequate basis for predicting                31136(e) and 31315.                                   Office hours are from 8:30 a.m. to 5:30
                                                    each driver’s ability to continue to                    V. Preemption                                         p.m., ET, Monday through Friday,
                                                    safely operate a CMV in interstate                                                                            except Federal holidays. If you have
                                                                                                               During the period the exemption is in
                                                    commerce. Therefore, FMCSA                                                                                    questions regarding viewing or
                                                                                                            effect, no State shall enforce any law or
                                                    concludes that extending the exemption                                                                        submitting material to the docket,
                                                                                                            regulation that conflicts with this
                                                    for each renewal applicant for a period                                                                       contact Docket Services, telephone (202)
                                                                                                            exemption with respect to a person
                                                    of two years is likely to achieve a level                                                                     366–9826.
                                                                                                            operating under the exemption.
                                                    of safety equal to that existing without                                                                      ADDRESSES: You may submit comments
                                                    the exemption.                                          VI. Conclusion                                        bearing the Federal Docket Management
                                                      As of August 13, 2017, and in                           Based upon its evaluation of the 10                 System (FDMS) Docket Nos. FMCSA–
                                                    accordance with 49 U.S.C. 31136(e) and                  exemption applications, FMCSA renews                  2007–27801; FMCSA–2007–28536;
                                                    31315, the following 10 individuals                     the exemptions of the aforementioned                  FMCSA–2008–0175; FMCSA–2008–
                                                    have satisfied the renewal conditions for               drivers from the epilepsy and seizure                 0267; FMCSA–2009–0207; FMCSA–
                                                    obtaining an exemption from the                         disorders prohibition in 49 CFR                       2011–0192; FMCSA–2013–0181;
                                                    epilepsy and seizure disorders                          391.41(b)(8). In accordance with 49                   FMCSA–2013–0182 using any of the
                                                    prohibition in the FMCSRs for interstate                U.S.C. 31136(e) and 31315, each                       following methods:
                                                    CMV drivers:                                            exemption will be valid for two years                   • Federal eRulemaking Portal: Go to
                                                    Eric J. Barnwell (MI)                                   unless revoked earlier by FMCSA.                      http://www.regulations.gov. Follow the
                                                    John W. Boerth (WI)                                                                                           online instructions for submitting
                                                                                                              Issued on: November 17, 2017.
                                                    Don C. Darbyshire (IA)                                                                                        comments.
                                                    Todd A. Davis (WI)                                      Larry W. Minor,                                         • Mail: Docket Management Facility;
                                                    Daniel Dellaserra (CA)                                  Associate Administrator for Policy.                   U.S. Department of Transportation, 1200
                                                    Charles T. Gray(OK)                                     [FR Doc. 2017–25517 Filed 11–24–17; 8:45 am]          New Jersey Avenue SE., West Building
                                                    Eric A. Hilmer (WI)                                     BILLING CODE 4910–EX–P                                Ground Floor, Room W12–140,
                                                    David Kietzman (WI)                                                                                           Washington, DC 20590–0001.
                                                    Dennis Klamm (MN)                                                                                                • Hand Delivery: West Building
                                                    Brian J. Wiggins (ID)                                   DEPARTMENT OF TRANSPORTATION                          Ground Floor, Room W12–140, 1200
                                                      The drivers were included in docket                                                                         New Jersey Avenue SE., Washington,
                                                    number FMCSA–2010–0203; FMCSA–                          Federal Motor Carrier Safety                          DC, between 9 a.m. and 5 p.m., ET,
                                                    2011–0389; FMCSA–2012–0050;                             Administration                                        Monday through Friday, except Federal
                                                    FMCSA–2012–0294; FMCSA–2012–                            [Docket No. FMCSA–2007–27801; FMCSA–                  Holidays.
                                                    0094; FMCSA–2014–0382; FMCSA–                           2007–28536; FMCSA–2008–0175; FMCSA–                      • Fax: 1–202–493–2251.
                                                    2015–0116; FMCSA–2015–0117. Their                       2008–0267; FMCSA–2009–0207; FMCSA–                       Instructions: Each submission must
                                                    exemptions are applicable as of August                  2011–0192; FMCSA–2013–0181; FMCSA–                    include the Agency name and the
                                                    13, 2017, and will expire on August 13,                 2013–0182]                                            docket number(s) for this notice. Note
                                                    2019.                                                                                                         that all comments received will be
                                                                                                            Qualification of Drivers; Exemption
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                                                                                  posted without change to http://
                                                    IV. Conditions and Requirements                         Applications; Diabetes                                www.regulations.gov, including any
                                                      The exemptions are extended subject                   AGENCY: Federal Motor Carrier Safety                  personal information provided. Please
                                                    to the following conditions: (1) Each                   Administration (FMCSA), DOT.                          see the Privacy Act heading below for
                                                    driver must remain seizure-free and                     ACTION: Notice of renewal of                          further information.
                                                    maintain a stable treatment during the                  exemptions; request for comments.                        Docket: For access to the docket to
                                                    two-year exemption period; (2) each                                                                           read background documents or
                                                    driver must submit annual reports from                  SUMMARY:  FMCSA announces its                         comments, go to http://
                                                    their treating physicians attesting to the              decision to renew exemptions for 99                   www.regulations.gov at any time or


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                                                    56112                      Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Notices

                                                    Room W12–140 on the ground level of                     Directed by the Transportation Act for                driving CMVs in interstate commerce
                                                    the West Building, 1200 New Jersey                      the 21st Century.’’ The report concluded              (76 FR 47291; 76 FR 61139):
                                                    Avenue SE., Washington, DC, between 9                   that a safe and practicable protocol to               Michael J. Alexander (MO)
                                                    a.m. and 5 p.m., ET, Monday through                     allow some drivers with ITDM to                       Dean A. Chamberlin (NE)
                                                    Friday, except Federal holidays. The                    operate CMVs is feasible. The                         Ronald D. Fatka (IA)
                                                    FDMS is available 24 hours each day                     September 3, 2003 (68 FR 52441),                      Frank B. Hernandez (MN)
                                                    ET, 365 days each year. If you want                     Federal Register notice in conjunction                Dale A. Iverson (UT)
                                                    acknowledgment that we received your                    with the November 8, 2005 (70 FR                      John H. Krastel, Jr. (MD)
                                                    comments, please include a self-                        67777), Federal Register notice provides              Edward Linhart (MA)
                                                    addressed, stamped envelope or                          the current protocol for allowing such                Larry D. Matson (MT)
                                                    postcard or print the acknowledgement                   drivers to operate CMVs in interstate                 David W. Payne (KS)
                                                    page that appears after submitting                      commerce.                                             Jim B. Robertson II (KY)
                                                    comments online.                                           FMCSA notes that section 4129 of the               Donald M. Rush, Jr. (GA)
                                                       Privacy Act: In accordance with 5                    Safe, Accountable, Flexible and                       Barry A. Sircy (KY)
                                                    U.S.C. 553(c), DOT solicits comments                    Efficient Transportation Equity Act: A                John S. Starchevich (IA)
                                                    from the public to better inform its                    Legacy for Users requires the Secretary               Michael B. Tortora (VT)
                                                    rulemaking process. DOT posts these                     to revise its diabetes exemption program              Charlotte C. Watson (CA)
                                                    comments, without edit, including any                   established on September 3, 2003 (68 FR               Shaun M. Wheeler (CT)
                                                    personal information the commenter                      52441). The revision must provide for
                                                                                                                                                                     The drivers were included in docket
                                                    provides, to http://www.regulations.gov,                individual assessment of drivers with
                                                                                                                                                                  number FMCSA–2011–0192. Their
                                                    as described in the system of records                   diabetes mellitus, and be consistent
                                                                                                                                                                  exemptions are applicable as of October
                                                    notice (DOT/ALL–14 FDMS), which can                     with the criteria described in section
                                                                                                                                                                  3, 2017, and will expire on October 3,
                                                    be reviewed at http://www.dot.gov/                      4018 of the Transportation Equity Act
                                                                                                                                                                  2019.
                                                    privacy.                                                for the 21st Century (49 U.S.C. 31305).
                                                                                                                                                                     As of October 15, 2017, and in
                                                                                                            Section 4129 requires: (1) Elimination of
                                                    I. Background                                                                                                 accordance with 49 U.S.C. 31136(e) and
                                                                                                            the requirement for three years of
                                                       Under 49 U.S.C. 31136(e) and 31315,                                                                        31315, the following 43 individuals
                                                                                                            experience operating CMVs while being
                                                    FMCSA may grant an exemption from                       treated with insulin; and (2)                         have satisfied the renewal conditions for
                                                    the FMCSRs for a five-year period if it                 establishment of a specified minimum                  obtaining an exemption from the rule
                                                    finds ‘‘such exemption would likely                     period of insulin use to demonstrate                  prohibiting drivers with ITDM from
                                                    achieve a level of safety that is                       stable control of diabetes before being               driving CMVs in interstate commerce
                                                    equivalent to or greater than the level                 allowed to operate a CMV.                             (72 FR 45480; 72 FR 58360; 73 FR
                                                    that would be achieved absent such                         In response to section 4129, FMCSA                 45519; 73 FR 61188; 78 FR 50486; 78 FR
                                                    exemption.’’ The statute also allows the                made immediate revisions to the                       65031):
                                                    Agency to renew exemptions at the end                   diabetes exemption program established                Scott M. Aitcheson (MI)
                                                    of the five-year period. FMCSA grants                   by the September 3, 2003 notice.                      Robert V. Balmes (IL)
                                                    exemptions from the FMCSRs for a two-                   FMCSA discontinued use of the three-                  Kenneth M. Brinker (SD)
                                                    year period to align with the maximum                   year driving experience and fulfilled the             Daniel A. Brown (IN)
                                                    duration of a driver’s medical                          requirements of section 4129 while                    Floyd G. Burbach (SD)
                                                    certification.                                          continuing to ensure that operation of                Frederick J. Caldarelli III (KS)
                                                       The 99 individuals listed in this                    CMVs by drivers with ITDM will                        Jay P. Cave (IL)
                                                    notice have requested an exemption                      achieve the requisite level of safety                 William J. Compton (MI)
                                                    from the diabetes prohibition in 49 CFR                 required of all exemptions granted                    Brian R. Current (IA)
                                                    391.41(b)(3). Accordingly, the Agency                   under 49 U.S.C. 31136 (e). Section                    Mark A. Davis (AR)
                                                    will evaluate the qualifications of each                4129(d) also directed FMCSA to ensure                 Todd J. Donnelly (IA)
                                                    applicant to determine whether granting                 that drivers of CMVs with ITDM are not                Carmine J. Fossile (MA)
                                                    the exemption will achieve the required                 held to a higher standard than other                  Steven M. French (MI)
                                                    level of safety mandated by statute.                    drivers, with the exception of limited                Philip P. Gray (VA)
                                                       The physical qualification standard                  operating, monitoring and medical                     John L. Hansen (MT)
                                                    for drivers regarding diabetes found in                 requirements that are deemed medically                Michael G. Harp (OK)
                                                    49 CFR 391.41(b)(3) states that a person                necessary. The FMCSA concluded that                   Darin D. Harries (MN)
                                                    is physically qualified to drive a CMV                  all of the operating, monitoring and                  James M. Holland (WA)
                                                    if that person has no established                       medical requirements set out in the                   William E. Hollowell (MI)
                                                    medical history or clinical diagnosis of                September 3, 2003, notice, except as                  Matthew S. Hooker (IN)
                                                    diabetes mellitus currently requiring                   modified, were in compliance with                     Cindy L. Hushin-Brink (PA)
                                                    insulin for control. The Agency                         section 4129(d). Therefore, all of the                Gregory A. Iverson (IA)
                                                    established the current requirement for                 requirements set out in the September 3,              Bradley M. Johnson (ID)
                                                    diabetes in 1970 because several risk                   2003, notice, except as modified by the               Mark A. Jones (WI)
                                                    studies indicated that drivers with                     notice in the Federal Register on                     Michael J. Keating (IL)
                                                    diabetes had a higher rate of crash                     November 8, 2005 (70 FR 67777),                       Richard D. Knoche (IL)
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                                                    involvement than the general                            remain in effect.                                     Jonathan D. Koehn (NE)
                                                    population.                                                                                                   Edward M. Mason (KY)
                                                       FMCSA established its diabetes                       II. Qualifications of Applicants                      Harold W. McCullough (NE)
                                                    exemption program, based on the                            As of October 3, 2017, and in                      Kurt V. Miller (IL)
                                                    Agency’s July 2000 study entitled ‘‘A                   accordance with 49 U.S.C. 31136(e) and                Tyree L. Murdock II (FL)
                                                    Report to Congress on the Feasibility of                31315, the following 16 individuals                   Thomas L. Nesbit (PA)
                                                    a Program to Qualify Individuals with                   have satisfied the renewal conditions for             Richard Rodriguez (KS)
                                                    Insulin-Treated Diabetes Mellitus to                    obtaining an exemption from the rule                  Scott D. Schultz (MN)
                                                    Operate in Interstate Commerce as                       prohibiting drivers with ITDM from                    Mark W. Seem (IN)


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                                                                               Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Notices                                                 56113

                                                    Marvin R. Shipman (GA)                                    The drivers were included in docket                 comment from all interested persons on
                                                    Chris W. Smaltz (AZ)                                    number FMCSA–2008–0267. Their                         the exemption petitions described in
                                                    Randy E. Veit (IL)                                      exemptions are applicable as of October               this notice. We will consider all
                                                    Edwin C.E. Whitcomb (ND)                                22, 2017, and will expire on October 22,              comments received before the close of
                                                    Steven S. Whitt, Sr. (MO)                               2019.                                                 business on the closing date indicated
                                                    Derek J. Wright (AL)                                      As of October 23, 2017, and in                      in the dates section of the notice.
                                                    Donald W. Yeager (PA)                                   accordance with 49 U.S.C. 31136(e) and
                                                    Mick B. Zoske (IA)                                                                                               You may submit your comments and
                                                                                                            31315, the following 13 individuals
                                                                                                                                                                  material online or by fax, mail, or hand
                                                      The drivers were included in one of                   have satisfied the renewal conditions for
                                                                                                                                                                  delivery, but please use only one of
                                                    the following docket numbers: FMCSA–                    obtaining an exemption from the rule
                                                                                                                                                                  these means. FMCSA recommends that
                                                    2007–27801; FMCSA–2008–0175;                            prohibiting drivers with ITDM from
                                                                                                                                                                  you include your name and a mailing
                                                    FMCSA–2013–0182. Their exemptions                       driving CMVs in interstate commerce
                                                                                                                                                                  address, an email address, or a phone
                                                    are applicable as of October 15, 2017,                  (78 FR 38435; 78 FR 63294):
                                                                                                                                                                  number in the body of your document
                                                    and will expire on October 15, 2019.                    Craig W. Blackner (UT)                                so that FMCSA can contact you if there
                                                      As of October 18, 2017, and in                        John L. Fischer (ND)
                                                    accordance with 49 U.S.C. 31136(e) and                                                                        are questions regarding your
                                                                                                            Douglas E. Gibbs (TX)
                                                    31315, Justin R. Freeman (ID) has                                                                             submission.
                                                                                                            Clarence H. Holliman Jr. (MS)
                                                    satisfied the renewal conditions for                    Tracy S. Johnson (FL)                                    To submit your comment online, go to
                                                    obtaining an exemption from the rule                    Chad D. Labonte (ID)                                  http://www.regulations.gov and in the
                                                    prohibiting drivers with ITDM from                      Jason J. Marks (LA)                                   search box insert the docket number
                                                    driving CMVs in interstate commerce                     Keith R. McKeever (PA)                                FMCSA–2007–27801; FMCSA–2007–
                                                    (78 FR 38435; 78 FR 63294).                             Alberto Ramirez (CA)                                  28536; FMCSA–2008–0175; FMCSA–
                                                      This driver was included in docket                    Brian S. Ruth (AK)                                    2008–0267; FMCSA–2009–0207;
                                                    number FMCSA–2013–0181. The                             Ronald S. Smith (NJ)                                  FMCSA–2011–0192; FMCSA–2013–
                                                    exemption is applicable as of October                   Lawrence E. Starks Sr. (IN)                           0181; FMCSA–2013–0182 and click the
                                                    18, 2017, and will expire on October 18,                Calvin C. Wallingford (NY)                            search button. When the new screen
                                                    2019.                                                     The drivers were included in docket                 appears, click on the blue ‘‘Comment
                                                      As of October 19, 2017, and in                        number FMCSA–2013–0181. Their                         Now!’’ button on the right hand side of
                                                    accordance with 49 U.S.C. 31136(e) and                  exemptions are applicable as of October               the page. On the new page, enter
                                                    31315, the following 9 individuals have                 23, 2017, and will expire on October 23,              information required including the
                                                    satisfied the renewal conditions for                    2019.                                                 specific section of this document to
                                                    obtaining an exemption from the rule                      As of October 28, 2017, and in                      which each comment applies, and
                                                    prohibiting drivers with ITDM from                      accordance with 49 U.S.C. 31136(e) and                provide a reason for each suggestion or
                                                    driving CMVs in interstate commerce                     31315, Ricky A. Root (IL) has satisfied               recommendation. If you submit your
                                                    (72 FR 50442; 72 FR 59332; 74 FR                        the renewal conditions for obtaining an               comments by mail or hand delivery,
                                                    41486; 74 FR 53583):                                    exemption from the rule prohibiting                   submit them in an unbound format, no
                                                    Jim E. Chester (IN)                                     drivers with ITDM from driving CMVs                   larger than 81⁄2 by 11 inches, suitable for
                                                    Blaine H. Holmes (UT)                                   in interstate commerce (78 FR 50486; 78               copying and electronic filing. If you
                                                    James R. Hudson (AZ)                                    FR 65031).                                            submit comments by mail and would
                                                    Roger L. Kaufman (KY)                                     This driver was included in docket                  like to know that they reached the
                                                    Clifford L. Rayl (IN)                                   number FMCSA–2013–0182. The                           facility, please enclose a stamped, self-
                                                    Steven J. Shaw (NV)                                     exemption is applicable as of October                 addressed postcard or envelope.
                                                    Scott L. Stamstad (WI)                                  28, 2017, and will expire on October 28,
                                                    Kendell R. Strassman (WI)                               2019.                                                    We will consider all comments and
                                                    Maurice L. Wedel (KS)                                     As of October 30, 2017, and in                      materials received during the comment
                                                      The drivers were included in one of                   accordance with 49 U.S.C. 31136(e) and                period. FMCSA may issue a final
                                                    the following docket numbers: FMCSA–                    31315, the following 7 individuals have               determination at any time after the close
                                                    2007–28536; FMCSA–2009–0207. Their                      satisfied the renewal conditions for                  of the comment period.
                                                    exemptions are applicable as of October                 obtaining an exemption from the rule                  IV Viewing Comments and Documents
                                                    19, 2017, and will expire on October 19,                prohibiting drivers with ITDM from
                                                    2019.                                                   driving CMVs in interstate commerce                      To view comments, as well as any
                                                      As of October 22, 2017, and in                        (78 FR 50486; 78 FR 65031):                           documents mentioned in this preamble,
                                                    accordance with 49 U.S.C. 31136(e) and                  Peter Engel (PA)                                      go to http://www.regulations.gov and in
                                                    31315, the following 9 individuals have                 Jhon A. Fitzgerald (ME)                               the search box insert the docket number
                                                    satisfied the renewal conditions for                    Lewis E. Forrester (PA)                               FMCSA–2007–27801; FMCSA–2007–
                                                    obtaining an exemption from the rule                    Ray Harrison (MD)                                     28536; FMCSA–2008–0175; FMCSA–
                                                    prohibiting drivers with ITDM from                      Charles LaBruno (PA)                                  2008–0267; FMCSA–2009–0207;
                                                    driving CMVs in interstate commerce                     Shawn E. Marks (PA)                                   FMCSA–2011–0192; FMCSA–2013–
                                                    (73 FR 52451; 73 FR 63041):                             Donald G. Staggs (CA)                                 0181; FMCSA–2013–0182 and click
                                                                                                                                                                  ‘‘Search.’’ Next, click ‘‘Open Docket
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                                                    Michael B. Bennington, Sr. (PA)                           The drivers were included in docket
                                                    Larry J. Eischens (SD)                                  number FMCSA–2013–0182. Their                         Folder’’ and you will find all documents
                                                    David J. Hanzl (NY)                                     exemptions are applicable as of October               and comments related to this notice.
                                                    Thomas R. Jones (OH)                                    30, 2017, and will expire on October 30,                Issued on: November 17, 2017.
                                                    John G. Schaible, Jr. (NY)                              2019.                                                 Larry W. Minor,
                                                    Rory J. Seleman (IL)
                                                    Chase M. Wells (NY)                                     III. Request for Comments                             Associate Administrator for Policy.
                                                    Laurie E. White (NY)                                      In accordance with 49 U.S.C. 31136(e)               [FR Doc. 2017–25524 Filed 11–24–17; 8:45 am]
                                                    Craig E. Wolf (IL)                                      and 31315, FMCSA requests public                      BILLING CODE 4910–EX–P




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Document Created: 2017-11-25 01:09:09
Document Modified: 2017-11-25 01:09:09
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of renewal of exemptions; request for comments.
DatesEach 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 December 27, 2017.
ContactMs. 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.
FR Citation82 FR 56111 

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