82 FR 58258 - Qualification of Drivers; Exemption Applications; Diabetes
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 82, Issue 236 (December 11, 2017)
Federal Motor Carrier Safety Administration
Federal Register Volume 82, Issue 236 (December 11, 2017)
| Page Range | 58258-58260 | |
| FR Document | 2017-26582 |
[Federal Register Volume 82, Number 236 (Monday, December 11, 2017)] [Notices] [Pages 58258-58260] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-26582] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2007-29035; FMCSA-2008-0293; FMCSA-2009-0242; FMCSA- 2011-0277; FMCSA-2011-0278; FMCSA-2013-0184; FMCSA-2013-0187; FMCSA- 2013-0190; FMCSA-2015-0336; FMCSA-2015-0337] 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 178 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 January 10, 2018. 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 No. FMCSA-2007-29035; FMCSA-2008-0293; FMCSA-2009 0242; FMCSA-2011-0277; FMCSA-2011-0278; FMCSA-2013-0184; FMCSA-2013-0187; FMCSA-2013-0190; FMCSA-2015-0336; FMCSA-2015-0337 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 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. SUPPLEMENTARY INFORMATION: I. Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption for five years if it finds ``such exemption would likely achieve a level of safety that is equivalent to or greater than the level that would be achieved absent such exemption.'' The statute also allows the Agency to renew exemptions at the end of the five-year period. FMCSA grants exemptions from the FMCSRs for a two-year period to align with the maximum duration of a driver's medical certification. The physical qualification standard for drivers regarding diabetes found in 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 178 individuals listed in this notice have requested renewal of their exemptions from the diabetes standard in 49 CFR 391.41(b)(3), in accordance with FMCSA procedures. Accordingly, FMCSA has evaluated these applications for renewal on their merits and decided to extend each exemption for a renewable two-year period. II. Request for Comments Interested parties or organizations possessing information that would otherwise show that any, or all, of these drivers are not currently achieving the statutory level of safety should immediately notify FMCSA. The Agency will evaluate any adverse evidence submitted and, if safety is being compromised or if continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315, FMCSA will take immediate steps to revoke the exemption of a driver. III. Basis for Renewing Exemptions Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no longer than two years from its approval date and may be renewed upon application. In accordance with 49 U.S.C. 31136(e) and 31315, each of the 178 applicants has satisfied the renewal conditions for obtaining an exemption from the diabetes requirement (74 FR 48338; 74 FR 62883; 80 FR 74196; 73 FR 63042; 73 FR 75163; 80 FR 70067; 81 FR 6326; 78 FR 63298; 78 FR 76397; 72 FR 62514; 72 FR 71996; 76 FR 64165; 76 FR 78718; 76 FR 66120; 76 FR 79759; 78 FR 64267; 78 FR 77784; 80 FR 74190; 81 FR 6332; 78 FR 65034; 79 FR 3917). 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 [[Page 58259]] 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. As of December 1, 2017, 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 (74 FR 48338; 74 FR 62883; 80 FR 74196): Charles E. Boyd (NE) Warren B. Copple, Jr. (MI) Hernan Hernandez (CT) Jeffrey E. Kiehl (MI) Jesus G. Maesse (TX) Jackson R. Olive (NY) Thomas N. Pico (PA) Jon C. Thomas (MT) Dennis M. Thyfault (UT) The drivers were included in docket number FMCSA-2009-0242. Their exemptions are applicable as of December 1, 2017, and will expire on December 1, 2019. As of December 10, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following six 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 63042; 73 FR 75163; 80 FR 74196): Herschel J. Crawford (AK) James E. Gaines (NJ) Allan D. Gralapp (IA) Scott L. Halm (OH) Dean A. Sullivan (KY) Lawrence W. Thomas (AR) The drivers were included in docket number FMCSA-2008-0293. Their exemptions are applicable as of December 10, 2017, and will expire on December 10, 2019. As of December 15, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 35 individuals have satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce (80 FR 70067; 81 FR 6326): Ramon Becerra (IN) Steven J. Bloemker (OH) Billy J. Bookout (OK) David M. Brady (NE) William G. Bush (IL) Gene D. Carey, Jr. (PA) James C. Decker (CA) Thomas C. Eklund (OR) Rodney L. Forrister, Jr. (MI) Ronald J. Gasper (SD) Jeremy J. Giesbrecht (IN) Ethan T. Heideman (MN) David T. Issler (NY) Todd D. Jacquin (NC) Mark C. Kucharski (CO) Philip M. LaPierre (ME) Mary J. Martin (PA) Terry J. Miller (WI) Marvin K. Mosley (SC) Eric Nieves, Jr. (NY) George W. Pottle, IV (ME) Charles R. Ratcliff, Jr. (VA) Joseph B. Ribitzki (AR) Roger D. Richey (IN) Michael G. Sanchez (CA) Guido J. Scarafoni (MA) Jeffrey M. Schleisman (IA) Sanampreet Singh (CA) Joshua A. Snyder (WV) Leonard Tawahongva (AZ) Edward M. Taylor (NE) Donald L. Trogdon (ID) Lazario R. Watkins (NC) Eric J. Watson (NY) William T. White (WA) The drivers were included in docket number FMCSA-2015-0336. Their exemptions are applicable as of December 15, 2017, and will expire on December 15, 2019. As of December 17, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 51 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 63298; 78 FR 76397; 80 FR 74196): Toni Benfield (SC) Peter J. Benz (FL) Robert J. Berger, III (PA) Daniel A. Bryan (PA) Travis D. Clarkston (IN) Romero Coleman (WI) Michael J. Collins (WA) Stephen A. Cronin (FL) Steven M. Dent (IA) John S. Duvall (PA) Robert S. Engel (IN) Steven M. Ference (CT) David W. Foster (TN) Francis M. Garlach, III (PA) Allen D. Goddard (MO) Brian L. Gregory (IL) Alfonso Grijalva (CA) Jason E. Jacobus (KY) Bobby H. Johnson (GA) Kevin E. Kneff (MO) Margaret Lopez (NY) John D. May (KS) Mike C. McDowell (TX) Charles B. McKay (FL) Norman C. Mertz (PA) Travis F. Moon (GA) Ronald Mooney (ID) Martin J. Mostyn (OH) Floyd P. Murray, Jr. (UT) Steven D. Nowakowski (MD) Gary D. Peters (NE) Mark A. Pille (IA) Stephen Plesz (CT) Glen E. Pozernick (ID) Jody R. Prause (MI) Walter A. Przewrocki, Jr. (PA) Andrew Wuaglia (NY) Stanley A. Sabin (KY) Joseph F. Schafer, Jr. (PA) Gary A. Sjokvist (ND) Gary L. Snelling (AL) Charles W. Sterling (WA) Thomas L. Stoudnour (PA) Matthew S. Thompson (PA) Robin S. Travis (CO) James R. Troutman (PA) William R. Van Gog (WA) Charles S. Watson (IL) William E. Wyant, III (IA) Mark A. Yurian (MT) David M. Zanicky (PA) The drivers were included in docket number FMCSA-2013-0187. Their exemptions are applicable as of December 17, 2017, and will expire on December 17, 2019. As of December 19, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 24 individuals have satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce (72 FR 62514; 72 FR 71996; 76 FR 64165; 76 FR 78718; 80 FR 74196): Robin R. Baumgartner (WI) Joseph K. Beasley (GA) Glenn W. Burke (NY) David P. Charest (FL) Derek E. Dowling (PA) Donald E. Dupke, Jr. (IN) Donald N. Ellis (IN) Tim E. Holmberg (WI) Russell D. Jordan (ND) Warren D. Knabe (NE) Jackie L. Lane (TX) Dennis L. Lorenz (IN) Robert J. Malone (NJ) Toni A. Moore (AR) Clayton A. Powers (CA) Dennis R. Scheel (SD) Michael K. Schulist (MI) Andrew W. Shirk (MS) Jerry L. Smit (MN) Reese L. Sullivan (TX) Robert M. Walker (PA) Robert E. Weiss (MI) Robert A. Wild (OR) Randy L. Wyant (OH) The drivers were included in docket numbers FMCSA-2007-29035; FMCSA-2011-0277. Their exemptions are applicable as of December 19, 2017, and will expire on December 19, 2019. As of December 22, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 11 individuals have satisfied the renewal conditions for obtaining an exemption from the rule [[Page 58260]] prohibiting drivers with ITDM from driving CMVs in interstate commerce (76 FR 66120; 76 FR 79759; 80 FR 74196): Lennie D. Cook (OH) David R. Cornelius (IL) Scott A. Edwards (PA) Ronald J. Ezell (MO) Marcus M. Gagne (ME) David P. Govero (MO) Christopher A. Jones (WY) Donald R. McClure, Jr. (PA) Clyde G. Rishel, Jr. (PA) Kurt Schneider (VT) Douglas O. Sundby (ND) The drivers were included in docket number FMCSA-2011-0278. Their exemptions are applicable as of December 22, 2017, and will expire on December 22, 2019. As of December 24, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 12 individuals have satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce (78 FR 64267; 78 FR 77784; 80 FR 74196): Theeir L. Coleman (VA) William I. Harbolt (MT) Ryan L. Harrier (MI) Larry W. Hines (NM) Mark G. Kahler (TX) Michael W. McCrary (GA) Sean T. McMahon (WI) David S. Monroe (KS) John E. Parker (KS) David G. Schultz (PA) Donald A. Spivey (TN) Jerry D. Zimmerman (ND) The drivers were included in docket number FMCSA-2013-0184. Their exemptions are applicable as of December 24, 2017, and will expire on December 24, 2019. As of December 29, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 26 individuals have satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce (80 FR 74190; 81 FR 6332): Michael E. Adrieansen (IL) Samuel M. Balis (PA) Dwight J. Banks (IL) David R. Bauman, III (MI) Dustin D. Brown (WI) Thomas W. Camp (VA) Nathan G. Carnes (OR) Damiano DiFlorio (NJ) Sammy N. Fox (PA) Matthew D. Fox (IN) Chadwick E. Gainey (FL) Jamal A. George (OH) John M. Halm (WA) William R. Hardy (MI) Craig A. Hendrickson (IL) Darold W. Mahlstedt (IA) Robert L. McConnell (PA) Randall T. Mitchell (AL) Shawn P. O'Malley (WA) Kenneth W. Phillips (IN) Jakob K. Siler (WA) Darren G. Steil (IA) Richard W. Wagner (MN) John F. Wesoloski, Jr. (ND) Levon Wright, Sr. (FL) Tadeusz S. Wrzesinki (PA) The drivers were included in docket number FMCSA-2015-0337. Their exemptions are applicable as of December 29, 2017, and will expire on December 29, 2019. As of December 30, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, the following three individuals have satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce (80 FR 74190; 81 FR 6332): Cris A. Brown (MI) Vincenzo A. Cortese (CT) Keith R. Miller (WV) The drivers were included in docket number FMCSA-2013-0190. Their exemptions are applicable as of December 30, 2017, and will expire on December 30, 2019. As of December 31, 2017, and in accordance with 49 U.S.C. 31136(e) and 31315, Gary L. Crawford (OH) has satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce (78 FR 65034; 79 FR 3917; 80 FR 74196). This driver was included in docket number FMCSA-2013-0190. The exemption is applicable as of December 31, 2017, and will expire on December 31, 2019. IV. Conditions and Requirements The exemptions are extended subject to the following conditions: (1) Each driver must submit a quarterly monitoring checklist completed by the treating endocrinologist as well as an annual checklist with a comprehensive medical evaluation; (2) each driver must report within two business days of occurrence, all episodes of severe hypoglycemia, significant complications, or inability to manage diabetes; also, any involvement in an accident or any other adverse event in a CMV or personal vehicle, whether or not it is related to an episode of hypoglycemia; (3) each driver must submit an annual ophthalmologist's or optometrist's report; and (4) each driver must provide a copy of the annual medical certification to the employer for retention in the driver's qualification file, or keep a copy in his/her driver's qualification file if he/she is self-employed. The driver must also have a copy of the exemption when driving, for presentation to a duly authorized Federal, State, or local enforcement official. The exemption will be rescinded if: (1) The person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained before it was granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315. V. Preemption During the period the exemption is in effect, no State shall enforce any law or regulation that conflicts with this exemption with respect to a person operating under the exemption. VI. Conclusion Based upon its evaluation of the 178 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: December 4, 2017. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2017-26582 Filed 12-8-17; 8:45 am] BILLING CODE 4910-EX-P
![58258 Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Notices
consider matters properly before the 2007–29035; FMCSA–2008–0293; that would be achieved absent such
Board. FMCSA–2009 0242; FMCSA–2011– exemption.’’ The statute also allows the
FOR FURTHER INFORMATION CONTACT: Mr. 0277; FMCSA–2011–0278; FMCSA– Agency to renew exemptions at the end
Avelino Gutierrez, Chair, Unified 2013–0184; FMCSA–2013–0187; of the five-year period. FMCSA grants
Carrier Registration Board of Directors at FMCSA–2013–0190; FMCSA–2015– exemptions from the FMCSRs for a two-
(505) 827–4565. 0336; FMCSA–2015–0337 using any of year period to align with the maximum
the following methods: duration of a driver’s medical
Issued on: December 6, 2017. • Federal eRulemaking Portal: Go to certification.
Larry W. Minor, http://www.regulations.gov. Follow the The physical qualification standard
Associate Administrator, Office of Policy, online instructions for submitting for drivers regarding diabetes found in
Federal Motor Carrier Safety Administration. comments. 49 CFR 391.41(b)(3) states that a person
[FR Doc. 2017–26722 Filed 12–7–17; 4:15 pm] • Mail: Docket Management Facility; is physically qualified to drive a CMV
BILLING CODE 4910–EX–P U.S. Department of Transportation, 1200 if that person has no established
New Jersey Avenue SE., West Building medical history or clinical diagnosis of
Ground Floor, Room W12–140, diabetes mellitus currently requiring
DEPARTMENT OF TRANSPORTATION Washington, DC 20590–0001. insulin for control.
• Hand Delivery: West Building The 178 individuals listed in this
Federal Motor Carrier Safety Ground Floor, Room W12–140, 1200 notice have requested renewal of their
Administration New Jersey Avenue SE., Washington, exemptions from the diabetes standard
[Docket No. FMCSA–2007–29035; FMCSA– DC, between 9 a.m. and 5 p.m., ET, in 49 CFR 391.41(b)(3), in accordance
2008–0293; FMCSA–2009–0242; FMCSA– Monday through Friday, except Federal with FMCSA procedures. Accordingly,
2011–0277; FMCSA–2011–0278; FMCSA– Holidays. FMCSA has evaluated these
2013–0184; FMCSA–2013–0187; FMCSA– • Fax: 1–202–493–2251. applications for renewal on their merits
2013–0190; FMCSA–2015–0336; FMCSA– Instructions: Each submission must and decided to extend each exemption
2015–0337] for a renewable two-year period.
include the Agency name and the
Qualification of Drivers; Exemption docket number(s) for this notice. Note II. Request for Comments
Applications; Diabetes that all comments received will be
Interested parties or organizations
posted without change to http://
AGENCY: Federal Motor Carrier Safety possessing information that would
www.regulations.gov, including any
Administration (FMCSA), DOT. otherwise show that any, or all, of these
personal information provided. Please
drivers are not currently achieving the
ACTION: Notice of renewal of see the Privacy Act heading below for
statutory level of safety should
exemptions; request for comments. further information.
immediately notify FMCSA. The
Docket: For access to the docket to
SUMMARY: FMCSA announces its Agency will evaluate any adverse
read background documents or
decision to renew exemptions for 178 evidence submitted and, if safety is
comments, go to http://
individuals from its prohibition in the being compromised or if continuation of
www.regulations.gov at any time or
Federal Motor Carrier Safety the exemption would not be consistent
Room W12–140 on the ground level of
Regulations (FMCSRs) against persons with the goals and objectives of 49
the West Building, 1200 New Jersey
with insulin-treated diabetes mellitus U.S.C. 31136(e) and 31315, FMCSA will
Avenue SE., Washington, DC, between 9
(ITDM) from operating commercial take immediate steps to revoke the
a.m. and 5 p.m., ET, Monday through
motor vehicles (CMVs) in interstate exemption of a driver.
Friday, except Federal holidays. The
commerce. The exemptions enable these FDMS is available 24 hours each day III. Basis for Renewing Exemptions
individuals with ITDM to continue to ET, 365 days each year. If you want
operate CMVs in interstate commerce. Under 49 U.S.C. 31315(b)(1), an
acknowledgment that we received your exemption may be granted for no longer
DATES: Each group of renewed comments, please include a self- than two years from its approval date
exemptions were applicable on the addressed, stamped envelope or and may be renewed upon application.
dates stated in the discussions below postcard or print the acknowledgement In accordance with 49 U.S.C. 31136(e)
and will expire on the dates stated in page that appears after submitting and 31315, each of the 178 applicants
the discussions below. Comments must comments online. has satisfied the renewal conditions for
be received on or before January 10, Privacy Act: In accordance with 5 obtaining an exemption from the
2018. U.S.C. 553(c), DOT solicits comments diabetes requirement (74 FR 48338; 74
FOR FURTHER INFORMATION CONTACT: Ms. from the public to better inform its FR 62883; 80 FR 74196; 73 FR 63042;
Christine A. Hydock, Chief, Medical rulemaking process. DOT posts these 73 FR 75163; 80 FR 70067; 81 FR 6326;
Programs Division, 202–366–4001, comments, without edit, including any 78 FR 63298; 78 FR 76397; 72 FR 62514;
fmcsamedical@dot.gov, FMCSA, personal information the commenter 72 FR 71996; 76 FR 64165; 76 FR 78718;
Department of Transportation, 1200 provides, to http://www.regulations.gov, 76 FR 66120; 76 FR 79759; 78 FR 64267;
New Jersey Avenue SE., Room W64– as described in the system of records 78 FR 77784; 80 FR 74190; 81 FR 6332;
224, Washington, DC 20590–0001. notice (DOT/ALL–14 FDMS), which can 78 FR 65034; 79 FR 3917). They have
Office hours are from 8:30 a.m. to 5:30 be reviewed at http://www.dot.gov/ maintained their required medical
p.m., ET, Monday through Friday, privacy. monitoring and have not exhibited any
except Federal holidays. If you have SUPPLEMENTARY INFORMATION: medical issues that would compromise
daltland on DSKBBV9HB2PROD with NOTICES
questions regarding viewing or their ability to safely operate a CMV
submitting material to the docket, I. Background during the previous two-year exemption
contact Docket Services, telephone (202) Under 49 U.S.C. 31136(e) and 31315, period. These factors provide an
366–9826. FMCSA may grant an exemption for five adequate basis for predicting each
ADDRESSES: You may submit comments years if it finds ‘‘such exemption would driver’s ability to continue to drive
bearing the Federal Docket Management likely achieve a level of safety that is safely in interstate commerce.
System (FDMS) Docket No. FMCSA– equivalent to or greater than the level Therefore, FMCSA concludes that
VerDate Sep<11>2014 17:54 Dec 08, 2017 Jkt 244001 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 E:\FR\FM\11DEN1.SGM 11DEN1](https://thefederalregister.org/doc/82_FR_58494/page/1.svg)
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prohibiting drivers with ITDM from Craig A. Hendrickson (IL) retention in the driver’s qualification
driving CMVs in interstate commerce Darold W. Mahlstedt (IA) file, or keep a copy in his/her driver’s
(76 FR 66120; 76 FR 79759; 80 FR Robert L. McConnell (PA) qualification file if he/she is self-
74196): Randall T. Mitchell (AL) employed. The driver must also have a
Lennie D. Cook (OH) Shawn P. O’Malley (WA) copy of the exemption when driving, for
David R. Cornelius (IL) Kenneth W. Phillips (IN) presentation to a duly authorized
Scott A. Edwards (PA) Jakob K. Siler (WA) Federal, State, or local enforcement
Ronald J. Ezell (MO) Darren G. Steil (IA) official. The exemption will be
Marcus M. Gagne (ME) Richard W. Wagner (MN) rescinded if: (1) The person fails to
David P. Govero (MO) John F. Wesoloski, Jr. (ND) comply with the terms and conditions
Christopher A. Jones (WY) Levon Wright, Sr. (FL) of the exemption; (2) the exemption has
Donald R. McClure, Jr. (PA) Tadeusz S. Wrzesinki (PA) resulted in a lower level of safety than
Clyde G. Rishel, Jr. (PA) The drivers were included in docket was maintained before it was granted; or
Kurt Schneider (VT) number FMCSA–2015–0337. Their (3) continuation of the exemption would
Douglas O. Sundby (ND) exemptions are applicable as of not be consistent with the goals and
The drivers were included in docket December 29, 2017, and will expire on objectives of 49 U.S.C. 31136(e) and
number FMCSA–2011–0278. Their December 29, 2019. 31315.
exemptions are applicable as of As of December 30, 2017, and in
V. Preemption
December 22, 2017, and will expire on accordance with 49 U.S.C. 31136(e) and
December 22, 2019. 31315, the following three individuals During the period the exemption is in
As of December 24, 2017, and in have satisfied the renewal conditions for effect, no State shall enforce any law or
accordance with 49 U.S.C. 31136(e) and obtaining an exemption from the rule regulation that conflicts with this
31315, the following 12 individuals prohibiting drivers with ITDM from exemption with respect to a person
have satisfied the renewal conditions for driving CMVs in interstate commerce operating under the exemption.
obtaining an exemption from the rule (80 FR 74190; 81 FR 6332): VI. Conclusion
prohibiting drivers with ITDM from Cris A. Brown (MI)
Based upon its evaluation of the 178
driving CMVs in interstate commerce Vincenzo A. Cortese (CT)
exemption applications, FMCSA renews
(78 FR 64267; 78 FR 77784; 80 FR Keith R. Miller (WV)
the exemptions of the aforementioned
74196): The drivers were included in docket drivers from the rule prohibiting drivers
Theeir L. Coleman (VA) number FMCSA–2013–0190. Their with ITDM from driving CMVs in
William I. Harbolt (MT) exemptions are applicable as of interstate commerce. In accordance with
Ryan L. Harrier (MI) December 30, 2017, and will expire on 49 U.S.C. 31136(e) and 31315, each
Larry W. Hines (NM) December 30, 2019. exemption will be valid for two years
Mark G. Kahler (TX) As of December 31, 2017, and in unless revoked earlier by FMCSA.
Michael W. McCrary (GA) accordance with 49 U.S.C. 31136(e) and
Sean T. McMahon (WI) Issued on: December 4, 2017.
31315, Gary L. Crawford (OH) has
David S. Monroe (KS) satisfied the renewal conditions for Larry W. Minor,
John E. Parker (KS) obtaining an exemption from the rule Associate Administrator for Policy.
David G. Schultz (PA) prohibiting drivers with ITDM from [FR Doc. 2017–26582 Filed 12–8–17; 8:45 am]
Donald A. Spivey (TN) driving CMVs in interstate commerce BILLING CODE 4910–EX–P
Jerry D. Zimmerman (ND) (78 FR 65034; 79 FR 3917; 80 FR 74196).
The drivers were included in docket This driver was included in docket
number FMCSA–2013–0184. Their number FMCSA–2013–0190. The DEPARTMENT OF TRANSPORTATION
exemptions are applicable as of exemption is applicable as of December
December 24, 2017, and will expire on 31, 2017, and will expire on December Federal Motor Carrier Safety
December 24, 2019. 31, 2019. Administration
As of December 29, 2017, and in [Docket No. FMCSA–2005–20027; FMCSA–
IV. Conditions and Requirements
accordance with 49 U.S.C. 31136(e) and 2005–20560; FMCSA–2006–26653; FMCSA–
31315, the following 26 individuals The exemptions are extended subject 2007–27333; FMCSA–2008–0021; FMCSA–
have satisfied the renewal conditions for to the following conditions: (1) Each 2008–0398; FMCSA–2009–0054; FMCSA–
obtaining an exemption from the rule driver must submit a quarterly 2009–0121; FMCSA–2010–0327; FMCSA–
2010–0413; FMCSA–2011–0024; FMCSA–
prohibiting drivers with ITDM from monitoring checklist completed by the
2011–0092; FMCSA–2011–0102; FMCSA–
driving CMVs in interstate commerce treating endocrinologist as well as an 2012–0338; FMCSA–2013–0022; FMCSA–
(80 FR 74190; 81 FR 6332): annual checklist with a comprehensive 2013–0027; FMCSA–2013–0028; FMCSA–
Michael E. Adrieansen (IL) medical evaluation; (2) each driver must 2014–0302; FMCSA–2014–0304; FMCSA–
Samuel M. Balis (PA) report within two business days of 2014–0305; FMCSA–2014–0048; FMCSA–
Dwight J. Banks (IL) occurrence, all episodes of severe 2015–0049; FMCSA–2015–0052]
David R. Bauman, III (MI) hypoglycemia, significant
Dustin D. Brown (WI) complications, or inability to manage Qualification of Drivers; Exemption
Thomas W. Camp (VA) diabetes; also, any involvement in an Applications; Vision
Nathan G. Carnes (OR) accident or any other adverse event in AGENCY: Federal Motor Carrier Safety
daltland on DSKBBV9HB2PROD with NOTICES
Damiano DiFlorio (NJ) a CMV or personal vehicle, whether or Administration (FMCSA), DOT.
Sammy N. Fox (PA) not it is related to an episode of ACTION: Notice of final disposition.
Matthew D. Fox (IN) hypoglycemia; (3) each driver must
Chadwick E. Gainey (FL) submit an annual ophthalmologist’s or SUMMARY: FMCSA announces its
Jamal A. George (OH) optometrist’s report; and (4) each driver decision to renew exemptions for 88
John M. Halm (WA) must provide a copy of the annual individuals from the vision requirement
William R. Hardy (MI) medical certification to the employer for in the Federal Motor Carrier Safety
VerDate Sep<11>2014 17:54 Dec 08, 2017 Jkt 244001 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 E:\FR\FM\11DEN1.SGM 11DEN1](https://thefederalregister.org/doc/82_FR_58494/page/3.svg)
Document Created: 2017-12-09 01:49:21
Document Modified: 2017-12-09 01:49:21
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of renewal of exemptions; request for comments. | |
| 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 January 10, 2018. | |
| 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. | |
| FR Citation | 82 FR 58258 |
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