83 FR 17889 - Qualification of Drivers; Exemption Applications; Diabetes
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 79 (April 24, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 79 (April 24, 2018)
| Page Range | 17889-17892 | |
| FR Document | 2018-08514 |
[Federal Register Volume 83, Number 79 (Tuesday, April 24, 2018)] [Notices] [Pages 17889-17892] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-08514] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2009-0322; FMCSA-2010-0051; FMCSA-2012-0042; FMCSA- 2012-0043; FMCSA-2014-0012; FMCSA-2014-0013; FMCSA-2014-0014; FMCSA- 2014-0015; FMCSA-2016-0035; FMCSA-2016-0036] 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 197 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 24, 2018. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA-2009-0322; FMCSA-2010-0051; FMCSA-2012-0042; FMCSA-2012-0043; FMCSA-2014-0012; FMCSA-2014-0013; FMCSA-2014-0014; FMCSA-2014-0015; FMCSA-2016-0035; FMCSA-2016-0036 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, [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. 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 [[Page 17890]] 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 197 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 197 applicants has satisfied the renewal conditions for obtaining an exemption from the diabetes requirement (75 FR 13647; 75 FR 14652; 75 FR 27616; 75 FR 28684; 77 FR 17111; 77 FR 18302; 77 FR 27841; 77 FR 29446; 79 FR 10612; 79 FR 14579; 79 FR 18400; 79 FR 22573; 79 FR 27685; 79 FR 28590; 79 FR 29262; 79 FR 35855; 81 FR 21649; 81 FR 24161; 81 FR 59723; 82 FR 20966; 82 FR 24434). They have maintained their required medical monitoring and have not exhibited any medical issues that would compromise their ability to safely operate a CMV during the previous two-year exemption period. These factors provide an adequate basis for predicting each driver's ability to continue to drive safely in interstate commerce. Therefore, FMCSA concludes that extending the exemption for each of these drivers for a period of two years is likely to achieve a level of safety equal to that existing without the exemption. In accordance with 49 U.S.C. 31136(e) and 31315, the following groups of drivers received renewed exemptions in the month of May and are discussed below: As of May 11, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following seven 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 17111; 77 FR 27841; 82 FR 24434): John G. Hager, Jr. (NJ) Charles C. Carver (MN) Benjamin Kimbrough (KS) Jeffery J. Lawrie (OH) Raymond Pittman, Jr. (IL) Robert J. Socha (NE) Thomas C. Torbett (MO) The drivers were included in docket number FMCSA-2012-0042. Their exemptions are applicable as of May 11, 2018, and will expire on May 11, 2020. As of May 13, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 30 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 21649; 82 FR 20966): William M. Adams (SC) Phillip J. Boruszewski (IL) Kenneth H. Brown (NY) Alfred S. Church, Jr. (IN) James R. Conley (IN) Irvin L. Davis (VA) Richard J. Dudzenski (PA) William M. Dutton (ND) Richard W. Favier (CT) Richard G. Fiscus, Jr. (MA) Raymond C. Hartill (WA) Todd E. Himebauch (IL) John R. Hofmann, Jr. (IL) Matthew E. Ingham (WA) Grant L. Jensen (SD) Victor E. Kaneps (CO) Albert J. Laubauskas (NJ) Michael M. Lillie (MI) Barrington F. Mahabee (NY) Robert J. Marnell (IA) Clayton E. McCoy (TX) Scott A. Newell (MI) Braydon D. Paytas (UT) William J. Pratt (MN) Kyle L. Roy (OH) Jerry G. Smith (NC) William J. Taylor (IN) Roy E. Tompkins (NY) Vasilios Tsimis (NY) Craig J. Voudren (VA) The drivers were included in docket number FMCSA-2016-0035. Their exemptions are applicable as of May 13, 2018, and will expire on May 13, 2020. As of May 14, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 19 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 27685; 82 FR 24434): Todd L. Brandt (IL) Dean G. Brekhus (ND) Angie M. Carrington (IL) Samuel J. Desmond (RI) John F. Fedorchak, Jr. (PA) Derek W. Frazier (IA) Michael G. Haugen (WI) Timothy S. Hinkhouse (NE) Douglas R. Lane (NY) Jonathon W. Luebke (WI) Brion T. Maguire (PA) Jacob R. Martin (MO) John C. May (NE) Angel F. Morales (CO) Slobodan Pavlovich (WA) Darryl W. Peppers (IN) Bradley S. Pletcher (PA) Hank D. Rose, Jr. (NC) Joshua R. Wiery (OH) The drivers were included in docket number FMCSA-2014-0012. Their exemptions are applicable as of May 14, 2018, and will expire on May 14, 2020. As of May 16, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 23 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 14579; 79 FR 28590; 82 FR 24434): Schylor M. Altenhofen (IA) Don R. Anderson, III (IN) Thomas A. Barnes (MI) Alvin L. Carpenter (MT) Richard J. D'Ambrosia (NY) Jefferey F. Deane (MA) Bradley J. Frazier (IL) Carl R. Gentry (WA) Robert M. Hutchison (NY) Craig A. Keese, Jr. (NY) Amos L. Lapp (PA) Edward J. Lulay (IL) Donald S. Middleton (MO) Alva D. Moffatt (WA) Antonio Pepiciello (NY) James K. Popp (MN) Dustin P. Russell (PA) Sean L. Shidell (WI) Randall L. Schultz (MO) Chad B. Spidell (PA) Cameron M. Sprinkle (IN) Douglas E. Stewart (MS) Thomas L. Williams (MN) The drivers were included in docket number FMCSA-2014-0013. Their exemptions are applicable as of May 16, 2018, and will expire on May 16, 2020. [[Page 17891]] As of May 17, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 27 individuals have satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce (75 FR 13647; 75 FR 27616; 77 FR 18302; 77 FR 29446; 82 FR 24434): Mark S. Boettcher (MN) Steven C. Boudreau (MA) Roy L. Brokaw (WI) Chris D. Chambers (LA) Charles A. Cinert, Sr. (IL) Dale J. Cleaver (PA) Bert R. Duncan, II (UT) Lance L. Fuller (MN) Johnny Gardner, Jr. (SC) Mark D. Golden (MI) Nathaniel W. Gorham (IN) DeVere E. Hansen (UT) Grant C. Huftalin (IA) Steven M. Janczak (WI) Sheldon R. Koehn (KS) Jason R. Kropp (OK) Adolfo Moreno, Jr. (WA) John W. Morrison (CA) Bruce V. Oppegard (MN) Steven G. Petersen (MN) Damian J. Porter (NY) David L. Rice (ME) Wayne F. Richards (PA) Gary G. Siornen (MT) Rodney L. Stoltenberg (IA) Wade D. Street (MT) Stanley C. Tarvidas (IL) The drivers were included in docket numbers FMCSA-2009-0322; FMCSA- 2012-0043. Their exemptions are applicable as of May 17, 2018, and will expire on May 17, 2020. As of May 21, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 42 individuals have satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce (75 FR 14652; 75 FR 28684; 79 FR 18400; 79 FR 29262; 82 FR 24434): Douglas L. Atkins (GA) Bradley E. Bradshaw (NC) Robert L. Buol (IA) Carlos V. Candelaria (NM) Suellen M. Civiello (ME) Michael T. Clements (WI) Daniel G. Conery (NJ) James R. Crawford (WA) Alan Curtis (UT) David P. Dengate (PA) Alan D. Ekberg (NE) Neil G. Ford (PA) Alden J. Haskins, Sr. (MD) James Herrada (NE) Gary W. Hochstein (MN) Harold D. Hoggard, II (PA) Terry L. Horn (NC) Gerald A. Johnson (WI) Frank J. Katzbeck (IL) Cory M. Kobernick (KY) Thomas G. Lamberton (WA) James K. Libke (IN) Gordon E. Lindley (WY) Edwin H. Maranville (OR) Joseph R. Marcelewski (OH) David R. Norton (OH) Eugene P. OQuendo (MA) Curtis J. Pitt (OR) Larry J. Reese (PA) William O. Ruiz, III (AZ) James P. Rushing, Jr. (VA) Harold D. Russman (SD) Hector M. Sanchez (NM) Scott W. Shindledecker (IN) Shirliann F. Skroch (NV) Ross L. Smith, Sr. (NJ) Christopher Starghill (DC) Richard L. Stark (OH) Philip E. Stegeman (ID) Brandon L. Weaver (PA) Matthew G. Williams (KY) Michael B. Wilson (OH) The drivers were included in docket numbers FMCSA-2010-0051; FMCSA- 2014-0014. Their exemptions are applicable as of May 21, 2018, and will expire on May 21, 2020. As of May 23, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, Derald E. Moenning, (NE) has satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce (79 FR 22573; 79 FR 35855; 82 FR 24434). The driver was included in docket number FMCSA-2014-0015. The exemption is applicable as of May 23, 2018, and will expire on May 23, 2020. As of May 26, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 48 individuals have satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce (81 FR 24161; 81 FR 59723): Thomas H. Adams, Jr. (PA) Spencer L. Bates (VT) Hobert P. Bates (TX) Erik E. Baumgart (NE) Robert T. Birch (PA) Frank A. Borchers (NJ) Nathan P. Broussard (KS) Rodney J. Brown (VA) Nicholas M. Catizone (MA) Michael J. Christians (MN) William R. Faller (PA) Stephen L. Fehr (IL) Stephen P. Glenning (FL) Kevin B. Green (TN) Dusty R. Grover (ID) Robert W. Guccion (IA) Andy H. Harnden (WA) Russell D. Hartley (KS) Eric D. Hulst (SD) Stephen J. Hyde, Sr. (MA) Steven G. Jackson (IN) Michelle Jenkins (MA) Robert C. Jones (VA) Paul M. Joyce (MA) Steven W. Keech (PA) David O. Ludwig (ND) Marvin D. Mitchell (WA) Jack D. Moore (WV) Matthew A. Neidermeier (FL) Thomas M. Noon (MI) Ronald A. Ortiz (CA) Michael V. Palmer (NY) LeRonne Pegues (IL) John D. Penrod (SD) Thomas M. Peterson (NE) Gregory S. Potter (MO) Lisa M. Reynolds (CO) Martina M. Sanchez (NY) Daniel J. Sing (OH) Mark W. Smith (PA) Larry E. Sorrells (VA) Michael R. Thomen (OH) Charles E. Tillman, Jr. (FL) Monte D. Trout (WA) Aaron M. Trudeau (MT) Thomas M. Waldron (MA) David M. Wilfeard II (NY) Deborah C. Williams (NJ) The drivers were included in docket number FMCSA-2016-0036. Their exemptions are applicable as of May 26, 2018, and will expire on May 26, 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 [[Page 17892]] (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 197 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 18, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-08514 Filed 4-23-18; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Notices 17889
driving, for presentation to a duly resulted in a lower level of safety than • Hand Delivery: West Building
authorized Federal, State, or local was maintained prior to being granted; Ground Floor, Room W12–140, 1200
enforcement official. or (3) continuation of the exemption New Jersey Avenue SE, Washington,
would not be consistent with the goals DC, between 9 a.m. and 5 p.m., e.t.,
VI. Preemption
and objectives of 49 U.S.C. 31136(e) and Monday through Friday, except Federal
During the period the exemption is in 31315. Holidays.
effect, no State shall enforce any law or Issued on: April 18, 2018. • Fax: 1–202–493–2251.
regulation that conflicts with this Instructions: Each submission must
Larry W. Minor,
exemption with respect to a person include the Agency name and the
operating under the exemption. Associate Administrator for Policy. docket number(s) for this notice. Note
[FR Doc. 2018–08516 Filed 4–23–18; 8:45 am] that all comments received will be
VII. Conclusion BILLING CODE 4910–EX–P posted without change to http://
Based upon its evaluation of the 43 www.regulations.gov, including any
exemption applications, FMCSA personal information provided. Please
exempts the following drivers from the DEPARTMENT OF TRANSPORTATION see the Privacy Act heading below for
diabetes requirement in 49 CFR further information.
391.41(b)(10), subject to the Federal Motor Carrier Safety
Docket: For access to the docket to
requirements cited above: Administration
read background documents or
John H. Armstead (MT) [Docket No. FMCSA–2009–0322; FMCSA– comments, go to http://
Christopher M. Barton (NH) 2010–0051; FMCSA–2012–0042; FMCSA– www.regulations.gov at any time or
Gary E. Bennett (NC) 2012–0043; FMCSA–2014–0012; FMCSA– Room W12–140 on the ground level of
Teresa M. Billig (PA) 2014–0013; FMCSA–2014–0014; FMCSA– the West Building, 1200 New Jersey
Deanne M. Burris (CT) 2014–0015; FMCSA–2016–0035; FMCSA– Avenue SE, Washington, DC, between 9
Clarence L. Canty, Jr. (NJ) 2016–0036] a.m. and 5 p.m., e.t., Monday through
Sergio Carrasco (TX) Friday, except Federal holidays. The
Qualification of Drivers; Exemption
Phillip B. Claro (IL) FDMS is available 24 hours each day
Applications; Diabetes
William D. Cucinello (AK) e.t., 365 days each year. If you want
Brian L. Culver (IA) AGENCY: Federal Motor Carrier Safety acknowledgment that we received your
Richard L. Dalrymple (WI) Administration (FMCSA), DOT. comments, please include a self-
Delmar W. Daoust, Jr. (FL) ACTION: Notice of renewal of addressed, stamped envelope or
Shanay M. Davis (NJ) exemptions; request for comments. postcard or print the acknowledgement
Daniel Drozdowski (PA) page that appears after submitting
Christopher R. Everitt (OH) SUMMARY: FMCSA announces its comments online.
Quitman Gardner, Jr. (MS) decision to renew exemptions for 197 Privacy Act: In accordance with 5
Charles E. Goldbolt (LA) individuals from its prohibition in the U.S.C. 553(c), DOT solicits comments
William A. Gordon (VA) Federal Motor Carrier Safety from the public to better inform its
John T. Green, Jr. (FL) Regulations (FMCSRs) against persons rulemaking process. DOT posts these
Rick E. Hammond (MO) with insulin-treated diabetes mellitus comments, without edit, including any
Robert W. Harkins (PA) (ITDM) from operating commercial personal information the commenter
Leonard C. Harris (NE) motor vehicles (CMVs) in interstate provides, to http://www.regulations.gov,
Byron K. Hicks (VA) commerce. The exemptions enable these as described in the system of records
Howard L. Hill (TX) individuals with ITDM to continue to notice (DOT/ALL–14 FDMS), which can
Marcus E. Hughes (NM) operate CMVs in interstate commerce. be reviewed at http://www.dot.gov/
Ernest T. Johnson (IL) privacy.
DATES: Each group of renewed
Kevin J. Lotz (IL)
Mitchell R. McCormick (CA) exemptions were applicable on the FOR FURTHER INFORMATION CONTACT: Ms.
Marsdon J. Mercury (NY) dates stated in the discussions below Christine A. Hydock, Chief, Medical
Jeffrey J. Mezzacappa (NJ) and will expire on the dates stated in Programs Division, 202–366–4001,
Anthony A. Opipare (PA) the discussions below. Comments must fmcsamedical@dot.gov, FMCSA,
Mark C. Payne (IN) be received on or before May 24, 2018. Department of Transportation, 1200
Robert L. Pieri (PA) ADDRESSES: You may submit comments New Jersey Avenue SE, Room W64–224,
Rick J. Poillucci (IL) bearing the Federal Docket Management Washington, DC 20590–0001. Office
Rafael Santiago (FL) System (FDMS) Docket No. FMCSA– hours are from 8:30 a.m. to 5:30 p.m.,
Nathan M. Schaffer (MO) 2009–0322; FMCSA–2010–0051; e.t., Monday through Friday, except
Timothy J. Somers (WA) FMCSA–2012–0042; FMCSA–2012– Federal holidays. If you have questions
Wade L. Swenson (TX) 0043; FMCSA–2014–0012; FMCSA– regarding viewing or submitting
Patrick A. Turner (GA) 2014–0013; FMCSA–2014–0014; material to the docket, contact Docket
Andrew A. Utley (IA) FMCSA–2014–0015; FMCSA–2016– Services, telephone (202) 366–9826.
Daniel J. Ward (IN) 0035; FMCSA–2016–0036 using any of SUPPLEMENTARY INFORMATION:
David G. White (AL) the following methods:
Rocky L. Wood (AR) • Federal eRulemaking Portal: Go to I. Background
In accordance with 49 U.S.C. 31136(e) http://www.regulations.gov. Follow the Under 49 U.S.C. 31136(e) and 31315,
daltland on DSKBBV9HB2PROD with NOTICES
and 31315, each exemption will be valid online instructions for submitting FMCSA may grant an exemption for five
for two years from the effective date comments. years if it finds ‘‘such exemption would
unless revoked earlier by FMCSA. The • Mail: Docket Management Facility; likely achieve a level of safety that is
exemption will be revoked if the U.S. Department of Transportation, 1200 equivalent to or greater than the level
following occurs: (1) The person fails to New Jersey Avenue SE, West Building that would be achieved absent such
comply with the terms and conditions Ground Floor, Room W12–140, exemption.’’ The statute also allows the
of the exemption; (2) the exemption has Washington, DC 20590–0001. Agency to renew exemptions at the end
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![17892 Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Notices
(3) continuation of the exemption would p.m., e.t., Monday through Friday, IV. Conclusion
not be consistent with the goals and except Federal holidays. If you have Based upon its evaluation of the 77
objectives of 49 U.S.C. 31136(e) and questions regarding viewing or renewal exemption applications and
31315. submitting material to the docket, comments received, FMCSA confirms
contact Docket Services, telephone (202) its’ decision to exempt the following
V. Preemption
366–9826. drivers from the rule prohibiting drivers
During the period the exemption is in
SUPPLEMENTARY INFORMATION: with ITDM from driving CMVs in
effect, no State shall enforce any law or
interstate commerce in 49 CFR
regulation that conflicts with this I. Electronic Access 391.64(3):
exemption with respect to a person
You may see all the comments online In accordance with 49 U.S.C. 31136(e)
operating under the exemption.
through the Federal Document and 31315, the following groups of
VI. Conclusion Management System (FDMS) at: http:// drivers received renewed exemptions in
Based upon its evaluation of the 197 www.regulations.gov. the month of March and are discussed
exemption applications, FMCSA renews below:
Docket: For access to the docket to As of March 5, 2018, and in
the exemptions of the aforementioned read background documents or accordance with 49 U.S.C. 31136(e) and
drivers from the rule prohibiting drivers comments, go to http// 31315, the following 31 individuals
with ITDM from driving CMVs in www.regulations.gov and/or Room have satisfied the renewal conditions for
interstate commerce. In accordance with W12–140 on the ground level of the obtaining an exemption from the rule
49 U.S.C. 31136(e) and 31315, each West Building, 1200 New Jersey prohibiting drivers with ITDM from
exemption will be valid for two years Avenue, SE, Washington, DC, between 9 driving CMVs in interstate commerce
unless revoked earlier by FMCSA. a.m. and 5 p.m., e.t., Monday through (78 FR 79062; 79 FR 12567; 81 FR
Issued on: April 18, 2018. Friday, except Federal holidays. 14210):
Larry W. Minor, Privacy Act: In accordance with 5 David E. Ames (IL)
Associate Administrator for Policy. U.S.C. 553(c), DOT solicits comments Christopher D. Burks (MA)
[FR Doc. 2018–08514 Filed 4–23–18; 8:45 am] from the public to better inform its Larry D. Burton (IL)
BILLING CODE 4910–EX–P rulemaking process. DOT posts these Anthony D. Chrisley (CA)
comments, without edit, including any Henry Collins (MO)
personal information the commenter John B. Conway, Jr. (NC)
DEPARTMENT OF TRANSPORTATION provides, to http://www.regulations.gov, Douglas E. Erney (IN)
as described in the system of records William C. Flom (IA)
Federal Motor Carrier Safety notice (DOT/ALL–14 FDMS), which can Brian A. Griep (IA)
Administration be reviewed at http://www.dot.gov/ Ronnie Harrington (MS)
[Docket No. FMCSA–2011–0368; FMCSA–
privacy. Andrew P. Hines (OH)
2011–0381; FMCSA–2013–0192; FMCSA– Aaron C. Kaplan (CA)
II. Background
2013–0193] Sigmund E. Keller (NY)
On February 14, 2018, FMCSA Derl T. Martin (MO)
Qualification of Drivers; Exemption published a notice announcing its Ronald E. Mullard (AL)
Applications; Diabetes decision to renew exemptions for 77 Justin C. Orr (OH)
individuals from the insulin-treated Kevin L. Otto (OH)
AGENCY: Federal Motor Carrier Safety Larry H. Painter (PA)
Administration (FMCSA), DOT. diabetes mellitus prohibition in 49 CFR
391.41(b)(3) to operate a CMV in Robert K. Patterson (IA)
ACTION: Notice of final disposition. Albert M. Purdy (PA)
interstate commerce and requested
comments from the public (83 FR 6692). Adam Ranzy (MO)
SUMMARY: FMCSA announces its Thomas F. Scanlon (NJ)
decision to renew exemptions for 77 The public comment period ended on
March 16, 2018, and no comments were Harrison G. Simmons (MO)
individuals from its prohibition in the Scott A. Stout (FL)
Federal Motor Carrier Safety received.
Walter D. Strang, IV (CT)
Regulations (FMCSRs) against persons As stated in the previous notice, Mark A. Torres (MA)
with insulin-treated diabetes mellitus FMCSA has evaluated the eligibility of Eric A. Vernon (IA)
(ITDM) from operating commercial these applicants and determined that Marvin L. Vonk (IA)
motor vehicles (CMVs) in interstate renewing these exemptions would Kelly J. Walstad (MN)
commerce. The exemptions enable these achieve a level of safety equivalent to or John R. Wappes (OH)
individuals with ITDM to continue to greater than the level that would be Rickey A. Wulf (IA)
operate CMVs in interstate commerce. achieved by complying with the current
The drivers were included in docket
DATES: Each group of renewed regulation 49 CFR 391.41(b)(3).
number FMCSA–2013–0193. Their
exemptions were applicable on the The physical qualification standard exemptions are applicable as of March
dates stated in the discussions below for drivers regarding diabetes found in 5, 2018, and will expire on March 5,
and will expire on the dates stated in 49 CFR 391.41(b)(3) states that a person 2020.
the discussions below. is physically qualified to drive a CMV As of March 7, 2018, and in
FOR FURTHER INFORMATION CONTACT: Ms. if that person has no established accordance with 49 U.S.C. 31136(e) and
daltland on DSKBBV9HB2PROD with NOTICES
Christine A. Hydock, Chief, Medical medical history or clinical diagnosis of 31315, the following 34 individuals
Programs Division, 202–366–4001, diabetes mellitus currently requiring have satisfied the renewal conditions for
fmcsamedical@dot.gov, FMCSA, insulin for control. obtaining an exemption from the rule
Department of Transportation, 1200 III. Discussion of Comments prohibiting drivers with ITDM from
New Jersey Avenue, SE, Room W64– driving CMVs in interstate commerce
224, Washington, DC 20590–0001. FMCSA received no comments in this (77 FR 3549; 77 FR 13685; 78 FR 78479;
Office hours are from 8:30 a.m. to 5:30 preceding. 79 FR 13086; 81 FR 14210):
VerDate Sep<11>2014 17:03 Apr 23, 2018 Jkt 244001 PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 E:\FR\FM\24APN1.SGM 24APN1](https://thefederalregister.org/doc/83_FR_17968/page/4.svg)
Document Created: 2018-04-24 00:39:58
Document Modified: 2018-04-24 00:39:58
| 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 May 24, 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., 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 Citation | 83 FR 17889 |
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