83_FR_16992 83 FR 16918 - Qualification of Drivers; Exemption Applications; Diabetes

83 FR 16918 - Qualification of Drivers; Exemption Applications; Diabetes

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 74 (April 17, 2018)

Page Range16918-16920
FR Document2018-07988

FMCSA announces its decision to renew exemptions for 191 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 83 Issue 74 (Tuesday, April 17, 2018)
[Federal Register Volume 83, Number 74 (Tuesday, April 17, 2018)]
[Notices]
[Pages 16918-16920]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-07988]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0382; FMCSA-2011-0383; FMCSA-2013-0194; FMCSA-
2014-0012; FMCSA-2014-0013; FMCSA-2015-0342; FMCSA-2015-0343; FMCSA-
2016-0034]


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 191 
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 May 17, 
2018.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2011-0382; FMCSA-2011-0383; 
FMCSA-2013-0194; FMCSA-2014-0012; FMCSA-2014-0013; FMCSA-2015-0342; 
FMCSA-2015-0343; FMCSA-2016-0034 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., 
e.t., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the 
docket number(s) for this notice. Note that all comments received will 
be posted without change to 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., e.t., Monday through Friday, 
except Federal holidays. The FDMS is available 24 hours each day e.t., 
365 days each year. If you want acknowledgment that we received your 
comments, please include a self-addressed, stamped envelope or postcard 
or print the acknowledgement page that appears after submitting 
comments online.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to 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.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, 202-366-4001, fmcsamedical@dot.gov, FMCSA, 
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224, 
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5:30 
p.m., e.t., Monday through Friday, except Federal holidays. If you have 
questions regarding viewing or submitting material to the docket, 
contact Docket Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

I. Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption 
for five years if it finds ``such exemption would likely achieve a 
level of safety that is equivalent to or greater than the level that 
would be achieved absent such exemption.'' The statute also allows the 
Agency to renew exemptions at the end of the five-year period. FMCSA 
grants exemptions from the FMCSRs for a two-year period to align with 
the maximum duration of a driver's medical certification.
    The physical qualification standard for drivers regarding diabetes 
found in 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 191 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 191 applicants has satisfied the renewal conditions for obtaining 
an exemption from the diabetes requirement (77 FR 10612; 77 FR 13686; 
77 FR 20874; 77 FR 25227; 79 FR 6987; 79 FR 10612; 79 FR 14579; 79 FR 
18388; 79 FR 27685; 79 FR 28590; 81 FR 10703; 81 FR 14179; 81 FR 14197; 
81 FR 39318; 81 FR 40743; 81 FR 42043; 81 FR 85317). They have 
maintained their required medical monitoring and have not exhibited any 
medical issues that would compromise their ability to safely operate a 
CMV during the previous two-year exemption period. These factors 
provide an adequate basis for predicting each driver's ability to 
continue to drive safely in interstate commerce. Therefore, FMCSA 
concludes that extending the exemption for each of these drivers for a 
period of two years is likely to achieve a level of

[[Page 16919]]

safety equal to that existing without the exemption.
    In accordance with 49 U.S.C. 31136(e) and 31315, the following 
groups of drivers received renewed exemptions in the month of April and 
are discussed below:
    As of April 1, 2018, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 84 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (79 FR 6987; 79 FR 
18388; 81 FR 10703; 81 FR 40743; 81 FR 85317):

Dennis D. Basmajian (PA)
Glen A. Bayne (ND)
John R. Benshoff (OH)
Harry Berrios (MA)
Terry D. Bettcher (NE)
Jeremy S. Beyerl (PA)
Robert P. Blum (IA)
Mario Boccio (FL)
Christopher J. Branham (SC)
Willard A. Brown (VA)
Terrence K. Cannon (IL)
Candace L. Coccimiglio (PA)
Matthew C. Costa (MA)
Joseph F. Coyle (KY)
Robert P. Crisp (SD)
Philip W. Cumbie (AL)
John H. Cuppett (GA)
Quentin W.S. Dasilva (PA)
Trisha J. Davis (ME)
Eudes N. De Leon (PA)
Randal L. DeBord (TN)
Aleksandr Faynkikh (NY)
Paul D. Ferris (NY)
Berry C. Feuerbacher (AR)
Isaac W. Fitzgerald (UT)
Alex C. Ford (IL)
Robert C. Freeman (VA)
Timothy D. Frye (MA)
Larry Gaskill (RI)
Thomas H. Gaskins (NC)
Samuel J. Gonzales (NM)
Gary A. Grant (WA)
Brian C. Halcomb (IL)
Steven R. Hatch (MI)
William D. Herman (MN)
Floyd E. Holt (VA)
Randall L. Jastram (SD)
Thomas M. Johnson (NM)
Steven R. Jordan (NC)
Kevin A. Kane (NY)
Ryan B. Kincade (CA)
William M. LaPrade (VA)
Gerald Lee (CA)
Timothy R. Lewis (OR)
Gregory J. Littlefield (MN)
John Malloy (PA)
James W. McMenamin (PA)
Glen H. Miller (MI)
Daniel J. Milles, Jr. (FL)
Miguel A. Molina (CO)
Douglas B. Murrell (IN)
Joshua A. Myers (OH)
William C. Nelson (IA)
Howard L. Nelson (IA)
Chris R. Niles (WA)
Keith E. Osterbaan (MI)
Ryan M. Ottis (ND)
Bolaji B. Oyegbola (DC)
Steven M. Parsons (WV)
Teddy D. Peller (AL)
Jeffrey P. Peloquin (NC)
Scott A. Pietruszynksi (IL)
William L. Reece (ND)
John P. Reed, III (DE)
Randy D. Rinnels (IA)
Denise D. Ruffin (MS)
Thomas W. Scott, Jr. (PA)
Charles L. Spencer (NY)
Ryan E. Stretch (MO)
William F. Sullivan, IV (NY)
Robert B. Thomas (PA)
John R. Thompson (WI)
Raymond L. Torrez (MI)
Bore Trivuncic (FL)
William M. Turner (NJ)
Everette L. Twyman (MO)
James H. Vogt (IL)
Ronald L. Voigt (MN)
Michael P. Volpe (MA)
John F. Whitesides (NC)
Michael C.J Wilcox (NY)
Donald L. Winslow (ME)
James J. Wolf, Jr. (PA)
Kevin J. Yates (IL)

    The drivers were included in docket numbers FMCSA-2013-0194; FMCSA-
2015-0342. Their exemptions are applicable as of April 1, 2018, and 
will expire on April 1, 2020.
    As of April 6, 2018, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following eight individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (77 FR 10612; 77 FR 
20874; 81 FR 85317):

Rick J. Birdsall (NE)
Steven L. Drake (CA)
Benjamin J. Duea (MN)
Jonathan E. Hunsaker (OR)
William D. Larsen (SD)
William W. Simmons (FL)
Ronald O. Snyder (OH)
Douglas J. Wood (NY)

    The drivers were included in docket number FMCSA-2011-0382. Their 
exemptions are applicable as of April 6, 2018, and will expire on April 
6, 2020.
    As of April 16, 2018, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 89 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (81 FR 14179; 81 FR 
14197; 81 FR 39318; 81 FR 42043):

Korey D. Adams (MO)
Harold E. Adams, Sr. (IL)
Jerry J. Altenburg (WI)
Juanita K. Anderson (MN)
Chris L. Austin (AL)
Cory M. Bessette (NY)
Daryl K. Birr (WI)
Samuel E. Bostic (WV)
James R. Burch, II (NC)
Walter L. Butcher, IV (PA)
Russell W. Cadman (CO)
Michael J. Chevalier, Jr. (NJ)
James R. Cockerham (IN)
Alexander W. Coleman (WA)
Earl J. Collier, Jr. (MA)
Michael R. Conley (WI)
Carolyn J. Conover (TN)
Gary R. Craig (PA)
Sebastian Dacruz, Jr. (NJ)
Scott D. Davis (KS)
James D. Deardoff (WA)
Joel R. Farmer (ID)
Samuel M. Feaganes, Jr. (VA)
Ronald Floyd (NY)
Donald W. Fowler, Jr. (NY)
William A. Garrett (GA)
William J. Garrett (SD)
Tyrone B. Gary, Sr. (PA)
Hardy D. Glanzer (ND)
Kevin E. Griebel (SD)
Martin R. Hair (CT)
Bruce T. Hanson (MN)
Darrell E. Holtsoi (NM)
Roger J. Huffsmith (WA)
Arrington Hughes (DC)
Joseph P. Hurston (MA)
Brian K. Hyler (WI)
James A. Iozia (NJ)
Joshua D. Jaramillo (WA)
Keven E. Johnson (TX)
Calvin E. Jones, Jr. (VA)
Jerry M. Kilpatrick (AL)
Rex O. King (IA)
Russell D. Koehler (WI)
Edward D. Krager (PA)
Richard A. Lange (IL)
Michael P. Leggett (WV)
John K. Long (MA)
George S. Luce, Jr. (OH)
Russell J. Luedecker (NJ)
Renee N. Lycksell (WA)
Eugene D. Maessner (ND)
Daniel J. Mandell (NC)
Brady T. Mart (IA)
Jack L. McClintock (PA)
John D. McGinley, Jr. (CA)
Jimmie L. Melton (FL)
Gareth L. Miller (OH)
Jimmy C. Morcom (MI)
Kirk A. Mosier (IA)
Daniel A. Neuens (WI)
Peter J. Niedzwiecki (PA)
Kevin R. OToole (WI)
Mark C. Overbaugh (NY)
Mario A. Papa (RI)
Joseph R. Puliafico (NY)
Neal M. Quinton, Jr. (MA)
Howard G. Rau (MD)
Andrew W. Reid (IN)
Brett M. Rice (PA)

[[Page 16920]]

Jacob C. Rojan (IN)
Sholom Rub (NY)
David J. Scimecca (NY)
Ronald D. Smith (IN)
Kenneth W. Swisher (IL)
Melissa Tell (NY)
Jeremy N. Thompson (NY)
Charles R. Thompson, Jr. (KY)
Blane Tor (NJ)
Samuel C. Tracy (WA)
Terry L. Underwood, Jr. (VA)
Aaron M. Vanlanduit (MO)
William O. Wallen (IL)
Steven G. Wehrle (MO)
James H. Wilkey (ID)
Joseph M. Wilson, II (WA)
Joseph A. Wilson, Sr. (MA)
Jefferson Yazzie (NM)
Michael A. Zuke, Sr. (NY)

    The drivers were included in docket numbers FMCSA-2015-0343; FMCSA-
2016-0034. Their exemptions are applicable as of April 16, 2018, and 
will expire on April 16, 2020.
    As of April 27, 2018, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following eight individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (77 FR 13686; 77 FR 
25227; 81 FR 85317):

Bobby D. Bennett (GA)
Mark S. Clemence (KS)
Mike W. Holland (IL)
Dan M. McAllister (WI)
Paul F. Rivers (MN)
Marcus V. Romo (ID)
Wayne L. Snyder (OH)
Justin K. Zimmerschied (KS)

    The drivers were included in docket number FMCSA-2011-0383. Their 
exemptions are applicable as of April 27, 2018, and will expire on 
April 27, 2020.
    As of April 30, 2018, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following two individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (79 FR 10612; 79 FR 
14579; 79 FR 27685; 79 FR 28590; 81 FR 85317): Charles L. Bryant, (PA); 
Christopher P. Martin, (NH).
    The drivers were included in docket numbers FMCSA-2014-0012; FMCSA-
2014-0013. Their exemptions are applicable as of April 30, 2018, and 
will expire on April 30, 2020.

IV. Conditions and Requirements

    The exemptions are extended subject to the following conditions: 
(1) Each driver must submit a quarterly monitoring checklist completed 
by the treating endocrinologist as well as an annual checklist with a 
comprehensive medical evaluation; (2) each driver must report within 
two business days of occurrence, all episodes of severe hypoglycemia, 
significant complications, or inability to manage diabetes; also, any 
involvement in an accident or any other adverse event in a CMV or 
personal vehicle, whether or not it is related to an episode of 
hypoglycemia; (3) each driver must submit an annual ophthalmologist's 
or optometrist's report; and (4) each driver must provide a copy of the 
annual medical certification to the employer for retention in the 
driver's qualification file, or keep a copy in his/her driver's 
qualification file if he/she is self-employed. The driver must also 
have a copy of the exemption when driving, for presentation to a duly 
authorized Federal, State, or local enforcement official. The exemption 
will be rescinded if: (1) The person fails to comply with the terms and 
conditions of the exemption; (2) the exemption has resulted in a lower 
level of safety than was maintained before it was granted; or (3) 
continuation of the exemption would not be consistent with the goals 
and objectives of 49 U.S.C. 31136(e) and 31315.

V. Preemption

    During the period the exemption is in effect, no State shall 
enforce any law or regulation that conflicts with this exemption with 
respect to a person operating under the exemption.

VI. Conclusion

    Based upon its evaluation of the 191 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: April 2, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-07988 Filed 4-16-18; 8:45 am]
 BILLING CODE 4910-EX-P



                                               16918                          Federal Register / Vol. 83, No. 74 / Tuesday, April 17, 2018 / Notices

                                               to the Reevaluation signed on March 28,                 Ground Floor, Room W12–140,                           exemption.’’ The statute also allows the
                                               2018 that provided additional detail to                 Washington, DC 20590–0001.                            Agency to renew exemptions at the end
                                               the noise analysis that was contained in                   • Hand Delivery: West Building                     of the five-year period. FMCSA grants
                                               the Revised Environmental Assessment                    Ground Floor, Room W12–140, 1200                      exemptions from the FMCSRs for a two-
                                               (EA) (signed on July 24, 2015) and the                  New Jersey Avenue SE, Washington,                     year period to align with the maximum
                                               Finding of No Significant Impact                        DC, between 9 a.m. and 5 p.m., e.t.,                  duration of a driver’s medical
                                               (FONSI) (signed on November 20, 2015).                  Monday through Friday, except Federal                 certification.
                                               The statute of limitations notice for the               Holidays.                                                The physical qualification standard
                                               FONSI expired on May 16, 2016.                             • Fax: 1–202–493–2251.                             for drivers regarding diabetes found in
                                                                                                          Instructions: Each submission must                 49 CFR 391.41(b)(3) states that a person
                                                  Authority: 23 U.S.C. 139(l)(1).
                                                                                                       include the Agency name and the                       is physically qualified to drive a CMV
                                                 Issued on: April 2, 2018.                             docket number(s) for this notice. Note                if that person has no established
                                               John M. Cater,                                          that all comments received will be                    medical history or clinical diagnosis of
                                               Division Administrator, Lakewood, Colorado.             posted without change to http://                      diabetes mellitus currently requiring
                                               [FR Doc. 2018–07877 Filed 4–16–18; 8:45 am]             www.regulations.gov, including any                    insulin for control.
                                               BILLING CODE 4910–22–P                                  personal information provided. Please                    The 191 individuals listed in this
                                                                                                       see the Privacy Act heading below for                 notice have requested renewal of their
                                                                                                       further information.                                  exemptions from the diabetes standard
                                               DEPARTMENT OF TRANSPORTATION                               Docket: For access to the docket to                in 49 CFR 391.41(b)(3), in accordance
                                                                                                       read background documents or                          with FMCSA procedures. Accordingly,
                                               Federal Motor Carrier Safety                            comments, go to http://                               FMCSA has evaluated these
                                               Administration                                          www.regulations.gov at any time or                    applications for renewal on their merits
                                               [Docket No. FMCSA–2011–0382; FMCSA–                     Room W12–140 on the ground level of                   and decided to extend each exemption
                                               2011–0383; FMCSA–2013–0194; FMCSA–                      the West Building, 1200 New Jersey                    for a renewable two-year period.
                                               2014–0012; FMCSA–2014–0013; FMCSA–                      Avenue SE, Washington, DC, between 9                  II. Request for Comments
                                               2015–0342; FMCSA–2015–0343; FMCSA–                      a.m. and 5 p.m., e.t., Monday through
                                               2016–0034]                                              Friday, except Federal holidays. The                     Interested parties or organizations
                                                                                                       FDMS is available 24 hours each day                   possessing information that would
                                               Qualification of Drivers; Exemption                     e.t., 365 days each year. If you want                 otherwise show that any, or all, of these
                                               Applications; Diabetes                                  acknowledgment that we received your                  drivers are not currently achieving the
                                                                                                       comments, please include a self-                      statutory level of safety should
                                               AGENCY: Federal Motor Carrier Safety                                                                          immediately notify FMCSA. The
                                               Administration (FMCSA), DOT.                            addressed, stamped envelope or
                                                                                                       postcard or print the acknowledgement                 Agency will evaluate any adverse
                                               ACTION: Notice of renewal of                                                                                  evidence submitted and, if safety is
                                               exemptions; request for comments.                       page that appears after submitting
                                                                                                       comments online.                                      being compromised or if continuation of
                                                                                                          Privacy Act: In accordance with 5                  the exemption would not be consistent
                                               SUMMARY:   FMCSA announces its
                                                                                                       U.S.C. 553(c), DOT solicits comments                  with the goals and objectives of 49
                                               decision to renew exemptions for 191
                                                                                                       from the public to better inform its                  U.S.C. 31136(e) and 31315, FMCSA will
                                               individuals from its prohibition in the
                                                                                                       rulemaking process. DOT posts these                   take immediate steps to revoke the
                                               Federal Motor Carrier Safety
                                                                                                       comments, without edit, including any                 exemption of a driver.
                                               Regulations (FMCSRs) against persons
                                               with insulin-treated diabetes mellitus                  personal information the commenter                    III. Basis for Renewing Exemptions
                                               (ITDM) from operating commercial                        provides, to http://www.regulations.gov,                 Under 49 U.S.C. 31315(b)(1), an
                                               motor vehicles (CMVs) in interstate                     as described in the system of records                 exemption may be granted for no longer
                                               commerce. The exemptions enable these                   notice (DOT/ALL–14 FDMS), which can                   than two years from its approval date
                                               individuals with ITDM to continue to                    be reviewed at http://www.dot.gov/                    and may be renewed upon application.
                                               operate CMVs in interstate commerce.                    privacy.                                              In accordance with 49 U.S.C. 31136(e)
                                               DATES: Each group of renewed                            FOR FURTHER INFORMATION CONTACT:    Ms.               and 31315, each of the 191 applicants
                                               exemptions were applicable on the                       Christine A. Hydock, Chief, Medical                   has satisfied the renewal conditions for
                                               dates stated in the discussions below                   Programs Division, 202–366–4001,                      obtaining an exemption from the
                                               and will expire on the dates stated in                  fmcsamedical@dot.gov, FMCSA,                          diabetes requirement (77 FR 10612; 77
                                               the discussions below. Comments must                    Department of Transportation, 1200                    FR 13686; 77 FR 20874; 77 FR 25227;
                                               be received on or before May 17, 2018.                  New Jersey Avenue SE, Room W64–224,                   79 FR 6987; 79 FR 10612; 79 FR 14579;
                                               ADDRESSES: You may submit comments                      Washington, DC 20590–0001. Office                     79 FR 18388; 79 FR 27685; 79 FR 28590;
                                               bearing the Federal Docket Management                   hours are from 8:30 a.m. to 5:30 p.m.,                81 FR 10703; 81 FR 14179; 81 FR 14197;
                                               System (FDMS) Docket No. FMCSA–                         e.t., Monday through Friday, except                   81 FR 39318; 81 FR 40743; 81 FR 42043;
                                               2011–0382; FMCSA–2011–0383;                             Federal holidays. If you have questions               81 FR 85317). They have maintained
                                               FMCSA–2013–0194; FMCSA–2014–                            regarding viewing or submitting                       their required medical monitoring and
                                               0012; FMCSA–2014–0013; FMCSA–                           material to the docket, contact Docket                have not exhibited any medical issues
                                               2015–0342; FMCSA–2015–0343;                             Services, telephone (202) 366–9826.                   that would compromise their ability to
                                               FMCSA–2016–0034 using any of the                        SUPPLEMENTARY INFORMATION:                            safely operate a CMV during the
                                               following methods:                                                                                            previous two-year exemption period.
daltland on DSKBBV9HB2PROD with NOTICES




                                                  • Federal eRulemaking Portal: Go to                  I. Background                                         These factors provide an adequate basis
                                               http://www.regulations.gov. Follow the                     Under 49 U.S.C. 31136(e) and 31315,                for predicting each driver’s ability to
                                               online instructions for submitting                      FMCSA may grant an exemption for five                 continue to drive safely in interstate
                                               comments.                                               years if it finds ‘‘such exemption would              commerce. Therefore, FMCSA
                                                  • Mail: Docket Management Facility;                  likely achieve a level of safety that is              concludes that extending the exemption
                                               U.S. Department of Transportation, 1200                 equivalent to or greater than the level               for each of these drivers for a period of
                                               New Jersey Avenue SE, West Building                     that would be achieved absent such                    two years is likely to achieve a level of


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                                                                              Federal Register / Vol. 83, No. 74 / Tuesday, April 17, 2018 / Notices                                          16919

                                               safety equal to that existing without the               William C. Nelson (IA)                                Harold E. Adams, Sr. (IL)
                                               exemption.                                              Howard L. Nelson (IA)                                 Jerry J. Altenburg (WI)
                                                 In accordance with 49 U.S.C. 31136(e)                 Chris R. Niles (WA)                                   Juanita K. Anderson (MN)
                                               and 31315, the following groups of                      Keith E. Osterbaan (MI)                               Chris L. Austin (AL)
                                               drivers received renewed exemptions in                  Ryan M. Ottis (ND)                                    Cory M. Bessette (NY)
                                               the month of April and are discussed                    Bolaji B. Oyegbola (DC)                               Daryl K. Birr (WI)
                                               below:                                                  Steven M. Parsons (WV)                                Samuel E. Bostic (WV)
                                                 As of April 1, 2018, and in accordance                Teddy D. Peller (AL)                                  James R. Burch, II (NC)
                                               with 49 U.S.C. 31136(e) and 31315, the                  Jeffrey P. Peloquin (NC)                              Walter L. Butcher, IV (PA)
                                               following 84 individuals have satisfied                 Scott A. Pietruszynksi (IL)                           Russell W. Cadman (CO)
                                               the renewal conditions for obtaining an                 William L. Reece (ND)                                 Michael J. Chevalier, Jr. (NJ)
                                               exemption from the rule prohibiting                     John P. Reed, III (DE)                                James R. Cockerham (IN)
                                               drivers with ITDM from driving CMVs                     Randy D. Rinnels (IA)                                 Alexander W. Coleman (WA)
                                               in interstate commerce (79 FR 6987; 79                  Denise D. Ruffin (MS)                                 Earl J. Collier, Jr. (MA)
                                               FR 18388; 81 FR 10703; 81 FR 40743;                     Thomas W. Scott, Jr. (PA)                             Michael R. Conley (WI)
                                               81 FR 85317):                                           Charles L. Spencer (NY)                               Carolyn J. Conover (TN)
                                                                                                       Ryan E. Stretch (MO)                                  Gary R. Craig (PA)
                                               Dennis D. Basmajian (PA)
                                                                                                       William F. Sullivan, IV (NY)                          Sebastian Dacruz, Jr. (NJ)
                                               Glen A. Bayne (ND)
                                                                                                       Robert B. Thomas (PA)                                 Scott D. Davis (KS)
                                               John R. Benshoff (OH)                                   John R. Thompson (WI)                                 James D. Deardoff (WA)
                                               Harry Berrios (MA)                                      Raymond L. Torrez (MI)                                Joel R. Farmer (ID)
                                               Terry D. Bettcher (NE)                                  Bore Trivuncic (FL)                                   Samuel M. Feaganes, Jr. (VA)
                                               Jeremy S. Beyerl (PA)                                   William M. Turner (NJ)                                Ronald Floyd (NY)
                                               Robert P. Blum (IA)                                     Everette L. Twyman (MO)                               Donald W. Fowler, Jr. (NY)
                                               Mario Boccio (FL)                                       James H. Vogt (IL)                                    William A. Garrett (GA)
                                               Christopher J. Branham (SC)                             Ronald L. Voigt (MN)                                  William J. Garrett (SD)
                                               Willard A. Brown (VA)                                   Michael P. Volpe (MA)                                 Tyrone B. Gary, Sr. (PA)
                                               Terrence K. Cannon (IL)                                 John F. Whitesides (NC)                               Hardy D. Glanzer (ND)
                                               Candace L. Coccimiglio (PA)                             Michael C.J Wilcox (NY)                               Kevin E. Griebel (SD)
                                               Matthew C. Costa (MA)                                   Donald L. Winslow (ME)                                Martin R. Hair (CT)
                                               Joseph F. Coyle (KY)                                    James J. Wolf, Jr. (PA)                               Bruce T. Hanson (MN)
                                               Robert P. Crisp (SD)                                    Kevin J. Yates (IL)                                   Darrell E. Holtsoi (NM)
                                               Philip W. Cumbie (AL)                                                                                         Roger J. Huffsmith (WA)
                                                                                                          The drivers were included in docket
                                               John H. Cuppett (GA)                                                                                          Arrington Hughes (DC)
                                                                                                       numbers FMCSA–2013–0194; FMCSA–
                                               Quentin W.S. Dasilva (PA)                                                                                     Joseph P. Hurston (MA)
                                                                                                       2015–0342. Their exemptions are
                                               Trisha J. Davis (ME)                                                                                          Brian K. Hyler (WI)
                                                                                                       applicable as of April 1, 2018, and will
                                               Eudes N. De Leon (PA)                                                                                         James A. Iozia (NJ)
                                                                                                       expire on April 1, 2020.
                                               Randal L. DeBord (TN)                                                                                         Joshua D. Jaramillo (WA)
                                                                                                          As of April 6, 2018, and in accordance
                                               Aleksandr Faynkikh (NY)                                                                                       Keven E. Johnson (TX)
                                                                                                       with 49 U.S.C. 31136(e) and 31315, the
                                               Paul D. Ferris (NY)                                                                                           Calvin E. Jones, Jr. (VA)
                                                                                                       following eight individuals have
                                               Berry C. Feuerbacher (AR)                                                                                     Jerry M. Kilpatrick (AL)
                                                                                                       satisfied the renewal conditions for
                                               Isaac W. Fitzgerald (UT)                                                                                      Rex O. King (IA)
                                                                                                       obtaining an exemption from the rule
                                               Alex C. Ford (IL)                                                                                             Russell D. Koehler (WI)
                                                                                                       prohibiting drivers with ITDM from
                                               Robert C. Freeman (VA)                                                                                        Edward D. Krager (PA)
                                                                                                       driving CMVs in interstate commerce
                                               Timothy D. Frye (MA)                                                                                          Richard A. Lange (IL)
                                                                                                       (77 FR 10612; 77 FR 20874; 81 FR
                                               Larry Gaskill (RI)                                                                                            Michael P. Leggett (WV)
                                                                                                       85317):
                                               Thomas H. Gaskins (NC)                                                                                        John K. Long (MA)
                                               Samuel J. Gonzales (NM)                                 Rick J. Birdsall (NE)
                                                                                                                                                             George S. Luce, Jr. (OH)
                                               Gary A. Grant (WA)                                      Steven L. Drake (CA)
                                                                                                                                                             Russell J. Luedecker (NJ)
                                               Brian C. Halcomb (IL)                                   Benjamin J. Duea (MN)
                                                                                                                                                             Renee N. Lycksell (WA)
                                               Steven R. Hatch (MI)                                    Jonathan E. Hunsaker (OR)
                                                                                                                                                             Eugene D. Maessner (ND)
                                               William D. Herman (MN)                                  William D. Larsen (SD)
                                                                                                                                                             Daniel J. Mandell (NC)
                                               Floyd E. Holt (VA)                                      William W. Simmons (FL)
                                                                                                                                                             Brady T. Mart (IA)
                                               Randall L. Jastram (SD)                                 Ronald O. Snyder (OH)
                                                                                                                                                             Jack L. McClintock (PA)
                                               Thomas M. Johnson (NM)                                  Douglas J. Wood (NY)
                                                                                                                                                             John D. McGinley, Jr. (CA)
                                               Steven R. Jordan (NC)                                      The drivers were included in docket                Jimmie L. Melton (FL)
                                               Kevin A. Kane (NY)                                      number FMCSA–2011–0382. Their                         Gareth L. Miller (OH)
                                               Ryan B. Kincade (CA)                                    exemptions are applicable as of April 6,              Jimmy C. Morcom (MI)
                                               William M. LaPrade (VA)                                 2018, and will expire on April 6, 2020.               Kirk A. Mosier (IA)
                                               Gerald Lee (CA)                                            As of April 16, 2018, and in                       Daniel A. Neuens (WI)
                                               Timothy R. Lewis (OR)                                   accordance with 49 U.S.C. 31136(e) and                Peter J. Niedzwiecki (PA)
                                               Gregory J. Littlefield (MN)                             31315, the following 89 individuals                   Kevin R. OToole (WI)
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                                               John Malloy (PA)                                        have satisfied the renewal conditions for             Mark C. Overbaugh (NY)
                                               James W. McMenamin (PA)                                 obtaining an exemption from the rule                  Mario A. Papa (RI)
                                               Glen H. Miller (MI)                                     prohibiting drivers with ITDM from                    Joseph R. Puliafico (NY)
                                               Daniel J. Milles, Jr. (FL)                              driving CMVs in interstate commerce                   Neal M. Quinton, Jr. (MA)
                                               Miguel A. Molina (CO)                                   (81 FR 14179; 81 FR 14197; 81 FR                      Howard G. Rau (MD)
                                               Douglas B. Murrell (IN)                                 39318; 81 FR 42043):                                  Andrew W. Reid (IN)
                                               Joshua A. Myers (OH)                                    Korey D. Adams (MO)                                   Brett M. Rice (PA)


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                                               16920                          Federal Register / Vol. 83, No. 74 / Tuesday, April 17, 2018 / Notices

                                               Jacob C. Rojan (IN)                                     treating endocrinologist as well as an                      Notice and request for
                                                                                                                                                             ACTION:
                                               Sholom Rub (NY)                                         annual checklist with a comprehensive                 comments.
                                               David J. Scimecca (NY)                                  medical evaluation; (2) each driver must
                                               Ronald D. Smith (IN)                                    report within two business days of                    SUMMARY:    The Internal Revenue Service,
                                               Kenneth W. Swisher (IL)                                 occurrence, all episodes of severe                    as part of its continuing effort to reduce
                                               Melissa Tell (NY)                                       hypoglycemia, significant                             paperwork and respondent burden,
                                               Jeremy N. Thompson (NY)                                 complications, or inability to manage                 invites the general public and other
                                               Charles R. Thompson, Jr. (KY)                           diabetes; also, any involvement in an                 Federal agencies to take this
                                               Blane Tor (NJ)                                          accident or any other adverse event in                opportunity to comment on proposed
                                               Samuel C. Tracy (WA)                                    a CMV or personal vehicle, whether or                 and/or continuing information
                                               Terry L. Underwood, Jr. (VA)                            not it is related to an episode of                    collections, as required by the
                                               Aaron M. Vanlanduit (MO)                                hypoglycemia; (3) each driver must                    Paperwork Reduction Act of 1995.
                                               William O. Wallen (IL)                                  submit an annual ophthalmologist’s or                 DATES: Written comments should be
                                               Steven G. Wehrle (MO)                                   optometrist’s report; and (4) each driver             received on or before June 18, 2018 to
                                               James H. Wilkey (ID)                                    must provide a copy of the annual                     be assured of consideration.
                                               Joseph M. Wilson, II (WA)                               medical certification to the employer for             ADDRESSES: Direct all written comments
                                               Joseph A. Wilson, Sr. (MA)                              retention in the driver’s qualification               to Laurie Brimmer, Internal Revenue
                                               Jefferson Yazzie (NM)                                   file, or keep a copy in his/her driver’s              Service, Room 6526, 1111 Constitution
                                               Michael A. Zuke, Sr. (NY)                               qualification file if he/she is self-                 Avenue NW, Washington, DC 20224.
                                                  The drivers were included in docket                  employed. The driver must also have a                 FOR FURTHER INFORMATION CONTACT: To
                                               numbers FMCSA–2015–0343; FMCSA–                         copy of the exemption when driving, for               obtain additional information, or copies
                                               2016–0034. Their exemptions are                         presentation to a duly authorized                     of the information collection and
                                               applicable as of April 16, 2018, and will               Federal, State, or local enforcement                  instructions, or copies of any comments
                                               expire on April 16, 2020.                               official. The exemption will be                       received, contact LaNita Van Dyke, at
                                                  As of April 27, 2018, and in                         rescinded if: (1) The person fails to                 (202) 317–6009, at Internal Revenue
                                               accordance with 49 U.S.C. 31136(e) and                  comply with the terms and conditions                  Service, Room 6526, 1111 Constitution
                                               31315, the following eight individuals                  of the exemption; (2) the exemption has               Avenue NW, Washington, DC 20224, or
                                               have satisfied the renewal conditions for               resulted in a lower level of safety than              through the internet, at
                                               obtaining an exemption from the rule                    was maintained before it was granted; or              Lanita.VanDyke@irs.gov.
                                               prohibiting drivers with ITDM from                      (3) continuation of the exemption would               SUPPLEMENTARY INFORMATION:
                                               driving CMVs in interstate commerce                     not be consistent with the goals and
                                               (77 FR 13686; 77 FR 25227; 81 FR                        objectives of 49 U.S.C. 31136(e) and                  Request for Comments
                                               85317):                                                 31315.                                                  The Internal Revenue Service, as part
                                               Bobby D. Bennett (GA)                                   V. Preemption                                         of their continuing effort to reduce
                                               Mark S. Clemence (KS)                                                                                         paperwork and respondent burden,
                                               Mike W. Holland (IL)                                       During the period the exemption is in              invite the general public and other
                                               Dan M. McAllister (WI)                                  effect, no State shall enforce any law or             Federal agencies to take this
                                               Paul F. Rivers (MN)                                     regulation that conflicts with this                   opportunity to comment on the
                                               Marcus V. Romo (ID)                                     exemption with respect to a person                    proposed or continuing information
                                               Wayne L. Snyder (OH)                                    operating under the exemption.                        collections listed below in this notice,
                                               Justin K. Zimmerschied (KS)                                                                                   as required by the Paperwork Reduction
                                                                                                       VI. Conclusion
                                                  The drivers were included in docket                                                                        Act of 1995, (44 U.S.C. 3501 et seq.).
                                               number FMCSA–2011–0383. Their                             Based upon its evaluation of the 191                  Request for Comments: Comments
                                               exemptions are applicable as of April                   exemption applications, FMCSA renews                  submitted in response to this notice will
                                               27, 2018, and will expire on April 27,                  the exemptions of the aforementioned                  be summarized and/or included in our
                                               2020.                                                   drivers from the rule prohibiting drivers             request for Office of Management and
                                                  As of April 30, 2018, and in                         with ITDM from driving CMVs in                        Budget (OMB) approval of the relevant
                                               accordance with 49 U.S.C. 31136(e) and                  interstate commerce. In accordance with               information collection. All comments
                                               31315, the following two individuals                    49 U.S.C. 31136(e) and 31315, each                    will become a matter of public record.
                                               have satisfied the renewal conditions for               exemption will be valid for two years                 Please do not include any confidential
                                               obtaining an exemption from the rule                    unless revoked earlier by FMCSA.                      or inappropriate material in your
                                               prohibiting drivers with ITDM from                        Issued on: April 2, 2018.                           comments.
                                               driving CMVs in interstate commerce                     Larry W. Minor,
                                                                                                                                                               We invite comments on: (a) Whether
                                               (79 FR 10612; 79 FR 14579; 79 FR                                                                              the collection of information is
                                                                                                       Associate Administrator for Policy.
                                               27685; 79 FR 28590; 81 FR 85317):                                                                             necessary for the proper performance of
                                                                                                       [FR Doc. 2018–07988 Filed 4–16–18; 8:45 am]
                                               Charles L. Bryant, (PA); Christopher P.                                                                       the agency’s functions, including
                                                                                                       BILLING CODE 4910–EX–P                                whether the information has practical
                                               Martin, (NH).
                                                  The drivers were included in docket                                                                        utility; (b) the accuracy of the agency’s
                                               numbers FMCSA–2014–0012; FMCSA–                                                                               estimate of the burden of the collection
                                               2014–0013. Their exemptions are                                                                               of information; (c) ways to enhance the
                                                                                                       DEPARTMENT OF THE TREASURY                            quality, utility, and clarity of the
                                               applicable as of April 30, 2018, and will
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                                               expire on April 30, 2020.                               Internal Revenue Service                              information to be collected; (d) ways to
                                                                                                                                                             minimize the burden of the collection of
                                               IV. Conditions and Requirements                                                                               information on respondents, including
                                                                                                       Proposed Information Collection;
                                                 The exemptions are extended subject                   Comment Request                                       the use of automated collection
                                               to the following conditions: (1) Each                                                                         techniques or other forms of information
                                               driver must submit a quarterly                          AGENCY: Internal Revenue Service (IRS),               technology; and (e) estimates of capital
                                               monitoring checklist completed by the                   Treasury.                                             or start-up costs and costs of operation,


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Document Created: 2018-04-17 02:52:52
Document Modified: 2018-04-17 02:52:52
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 May 17, 2018.
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., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826.
FR Citation83 FR 16918 

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