83 FR 17892 - Qualification of Drivers; Exemption Applications; Diabetes

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 79 (April 24, 2018)

Page Range		17892-17893
FR Document		2018-08515

FMCSA announces its decision to renew exemptions for 77 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 79 (Tuesday, April 24, 2018)

[Federal Register Volume 83, Number 79 (Tuesday, April 24, 2018)]
[Notices]
[Pages 17892-17893]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08515]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0368; FMCSA-2011-0381; FMCSA-2013-0192; FMCSA-
2013-0193]


Qualification of Drivers; Exemption Applications; Diabetes

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces its decision to renew exemptions for 77 
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.

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. Electronic Access

    You may see all the comments online through the Federal Document 
Management System (FDMS) at: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or 
comments, go to http//www.regulations.gov and/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.
    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.

II. Background

    On February 14, 2018, FMCSA published a notice announcing its 
decision to renew exemptions for 77 individuals from the insulin-
treated diabetes mellitus prohibition in 49 CFR 391.41(b)(3) to operate 
a CMV in interstate commerce and requested comments from the public (83 
FR 6692). The public comment period ended on March 16, 2018, and no 
comments were received.
    As stated in the previous notice, FMCSA has evaluated the 
eligibility of these applicants and determined that renewing these 
exemptions would achieve a level of safety equivalent to or greater 
than the level that would be achieved by complying with the current 
regulation 49 CFR 391.41(b)(3).
    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.

III. Discussion of Comments

    FMCSA received no comments in this preceding.

IV. Conclusion

    Based upon its evaluation of the 77 renewal exemption applications 
and comments received, FMCSA confirms its' decision to exempt the 
following drivers from the rule prohibiting drivers with ITDM from 
driving CMVs in interstate commerce in 49 CFR 391.64(3):
    In accordance with 49 U.S.C. 31136(e) and 31315, the following 
groups of drivers received renewed exemptions in the month of March and 
are discussed below:
    As of March 5, 2018, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 31 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (78 FR 79062; 79 FR 
12567; 81 FR 14210):

David E. Ames (IL)
Christopher D. Burks (MA)
Larry D. Burton (IL)
Anthony D. Chrisley (CA)
Henry Collins (MO)
John B. Conway, Jr. (NC)
Douglas E. Erney (IN)
William C. Flom (IA)
Brian A. Griep (IA)
Ronnie Harrington (MS)
Andrew P. Hines (OH)
Aaron C. Kaplan (CA)
Sigmund E. Keller (NY)
Derl T. Martin (MO)
Ronald E. Mullard (AL)
Justin C. Orr (OH)
Kevin L. Otto (OH)
Larry H. Painter (PA)
Robert K. Patterson (IA)
Albert M. Purdy (PA)
Adam Ranzy (MO)
Thomas F. Scanlon (NJ)
Harrison G. Simmons (MO)
Scott A. Stout (FL)
Walter D. Strang, IV (CT)
Mark A. Torres (MA)
Eric A. Vernon (IA)
Marvin L. Vonk (IA)
Kelly J. Walstad (MN)
John R. Wappes (OH)
Rickey A. Wulf (IA)

    The drivers were included in docket number FMCSA-2013-0193. Their 
exemptions are applicable as of March 5, 2018, and will expire on March 
5, 2020.
    As of March 7, 2018, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 34 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 3549; 77 FR 
13685; 78 FR 78479; 79 FR 13086; 81 FR 14210):


[[Page 17893]]


Chad E. Anger (WI)
Edward Blake (GA)
Brian Chase (VA)
Nicholas P. Dube (RI)
James W. Dusing (MN)
Manel Elizondo (TX)
Michael K. Farris (IN)
Menino Fernandes (IL)
Craig J. Gadley, Sr. (NY)
Mary F. Guilfoy (IN)
Matthew E. Hay (TX)
Edward S. Ionescu (IL)
Jeffrey P. James (AR)
Tracy N. Jenkins (DE)
Gregory A. King (NC)
Matthew R. Linehan (NY)
Cory A. Meadows (OH)
Ashun R. Merritt (GA)
Herbert A. Morton (CA)
Jayrome B. Rimolde (MN)
Gale Roland (PA)
John L. Scherette (WA)
Kelly T. Scholl (MN)
James P. Shurkus (NH)
Gregory G. Sisco (IA)
Travers L. Stephens (GA)
Brittany K. Tomasko (CA)
Daren Warren (NY)
Alan T. Whalen (NY)
Thomas L. Whitley (IN)
Randall S. Williams (PA)
Tomme J. Wirth (IA)
Joshua C. Wyse (OH)
Rowland P. Yee (HI)

    The drivers were included in docket numbers FMCSA-2011-0368; FMCSA-
2013-0192. Their exemptions are applicable as of March 7, 2018, and 
will expire on March 7, 2020.
    As of March 23, 2018, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 12 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (77 FR 5870; 77 FR 
17116; 81 FR 14210):

Roger L. Arcan, Jr. (MA)
Marsha M. Colberg (WA)
Robert D. Crissinger (MN)
Scott W. Forsyth, Jr. (CO)
Fritz D. Gregory (UT)
Anthony P. Kesselring (FL)
Don R. Kivi (ND)
Vincent Ligotti (NY)
Michael R. Miller (PA)
Jack L. Phippen (WI)
Richard A. Purk (CA)
Jack A. Tidey (AR)

    The drivers were included in docket number FMCSA-2011-0381. Their 
exemptions are applicable as of March 23, 2018, and will expire on 
March 23, 2020.
    In accordance with 49 U.S.C. 31315, each exemption will be valid 
for two years from the effective date unless revoked earlier by FMCSA. 
The exemption will be revoked if the following occurs: (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 
prior to being granted; or (3) continuation of the exemption would not 
be consistent with the goals and objectives of 49 U.S.C. 31136 and 
31315.

    Issued on: April 18, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-08515 Filed 4-23-18; 8:45 am]
 BILLING CODE 4910-EX-P

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):

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Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Notices 17893

Chad E. Anger (WI) exemption will be revoked if the Management System (FDMS) at: http://
Edward Blake (GA) following occurs: (1) the person fails to www.regulations.gov.
Brian Chase (VA) comply with the terms and conditions Docket: For access to the docket to
Nicholas P. Dube (RI) of the exemption; (2) the exemption has read background documents or
James W. Dusing (MN) resulted in a lower level of safety than comments, go to http://
Manel Elizondo (TX) was maintained prior to being granted; www.regulations.gov and/or Room
Michael K. Farris (IN) or (3) continuation of the exemption W12–140 on the ground level of the
Menino Fernandes (IL) would not be consistent with the goals West Building, 1200 New Jersey
Craig J. Gadley, Sr. (NY) and objectives of 49 U.S.C. 31136 and Avenue, SE, Washington, DC, between 9
Mary F. Guilfoy (IN) 31315. a.m. and 5 p.m., e.t., Monday through
Matthew E. Hay (TX) Issued on: April 18, 2018. Friday, except Federal holidays.
Edward S. Ionescu (IL) Privacy Act: In accordance with 5
Larry W. Minor,
Jeffrey P. James (AR) U.S.C. 553(c), DOT solicits comments
Tracy N. Jenkins (DE) Associate Administrator for Policy.
from the public to better inform its
Gregory A. King (NC) [FR Doc. 2018–08515 Filed 4–23–18; 8:45 am]
rulemaking process. DOT posts these
Matthew R. Linehan (NY) BILLING CODE 4910–EX–P
comments, without edit, including any
Cory A. Meadows (OH) personal information the commenter
Ashun R. Merritt (GA) provides, to http://www.regulations.gov,
Herbert A. Morton (CA) DEPARTMENT OF TRANSPORTATION
as described in the system of records
Jayrome B. Rimolde (MN) notice (DOT/ALL–14 FDMS), which can
Federal Motor Carrier Safety
Gale Roland (PA) be reviewed at http://www.dot.gov/
Administration
John L. Scherette (WA) privacy.
Kelly T. Scholl (MN)
[FMCSA Docket No. FMCSA–2017–0254] II. Background
James P. Shurkus (NH)
Gregory G. Sisco (IA) Qualification of Drivers; Exemption On February 14, 2018, FMCSA
Travers L. Stephens (GA) Applications; Epilepsy and Seizure published a notice announcing receipt
Brittany K. Tomasko (CA) Disorders of applications from six individuals
Daren Warren (NY) requesting an exemption from the
Alan T. Whalen (NY) AGENCY: Federal Motor Carrier Safety epilepsy and seizure disorders
Thomas L. Whitley (IN) Administration (FMCSA), DOT. prohibition in 49 CFR 391.41(b)(8) and
Randall S. Williams (PA) ACTION: Notice of final disposition. requested comments from the public (83
Tomme J. Wirth (IA) FR 6717). The public comment period
Joshua C. Wyse (OH) SUMMARY: FMCSA announces its ended on March 16, 2018, and no
Rowland P. Yee (HI) decision to exempt six individuals from comments were received.
The drivers were included in docket the requirement in the Federal Motor FMCSA has evaluated the eligibility
numbers FMCSA–2011–0368; FMCSA– Carrier Safety Regulations (FMCSRs) of these applicants and determined that
2013–0192. Their exemptions are that interstate commercial motor vehicle granting exemptions to these
applicable as of March 7, 2018, and will (CMV) drivers have ‘‘no established individuals would achieve a level of
expire on March 7, 2020. medical history or clinical diagnosis of safety equivalent to or greater than the
As of March 23, 2018, and in epilepsy or any other condition which level that would be achieved by
accordance with 49 U.S.C. 31136(e) and is likely to cause loss of consciousness complying with the current regulation
31315, the following 12 individuals or any loss of ability to control a CMV.’’ 49 CFR 391.41(b)(8).
have satisfied the renewal conditions for The exemptions enable these The physical qualification standard
obtaining an exemption from the rule individuals who have had one or more for drivers regarding epilepsy found in
prohibiting drivers with ITDM from seizures and are taking anti-seizure 49 CFR 391.41(b)(8) states that a person
driving CMVs in interstate commerce medication to operate CMVs in is physically qualified to drive a CMV
(77 FR 5870; 77 FR 17116; 81 FR 14210): interstate commerce. if that person has no established
Roger L. Arcan, Jr. (MA) DATES: The exemptions were applicable medical history or clinical diagnosis of
Marsha M. Colberg (WA) on March 22, 2018. The exemptions epilepsy or any other condition which
Robert D. Crissinger (MN) expire on March 22, 2020. is likely to cause the loss of
Scott W. Forsyth, Jr. (CO) FOR FURTHER INFORMATION CONTACT: Ms. consciousness or any loss of ability to
Fritz D. Gregory (UT) Christine A. Hydock, Chief, Medical control a CMV.
Anthony P. Kesselring (FL) Programs Division, (202) 366–4001, In addition to the regulations, FMCSA
Don R. Kivi (ND) fmcsamedical@dot.gov, FMCSA, has published advisory criteria 1 to
Vincent Ligotti (NY) Department of Transportation, 1200 assist medical examiners in determining
Michael R. Miller (PA) New Jersey Avenue SE, Room W64–224, whether drivers with certain medical
Jack L. Phippen (WI) Washington, DC 20590–0001. Office conditions are qualified to operate a
Richard A. Purk (CA) hours are from 8:30 a.m. to 5 p.m., e.t., CMV in interstate commerce. [49 CFR
Jack A. Tidey (AR) Monday through Friday, except Federal part 391, APPENDIX A TO PART 391—
The drivers were included in docket holidays. If you have questions MEDICAL ADVISORY CRITERIA,
number FMCSA–2011–0381. Their regarding viewing or submitting section H. Epilepsy: § 391.41(b)(8),
daltland on DSKBBV9HB2PROD with NOTICES

exemptions are applicable as of March material to the docket, contact Docket paragraphs 3, 4, and 5.]
23, 2018, and will expire on March 23, Services, telephone (202) 366–9826.
2020. SUPPLEMENTARY INFORMATION: 1 See http://www.ecfr.gov/cgi-bin/text-idx

In accordance with 49 U.S.C. 31315, ?SID=e47b48a9ea42dd67d999246e23d97970&
each exemption will be valid for two I. Electronic Access mc=true&node=pt49.5.391&rgn=div5#ap49.5.391_
171.a and https://www.gpo.gov/fdsys/pkg/CFR-
years from the effective date unless You may see all the comments online 2015-title49-vol5/pdf/CFR-2015-title49-vol5-
revoked earlier by FMCSA. The through the Federal Document part391-appA.pdf.

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Document Created: 2018-04-24 00:39:49
Document Modified: 2018-04-24 00:39:49

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 final disposition.
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.
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 17892

83 FR 17892 - Qualification of Drivers; Exemption Applications; Diabetes

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 79 (April 24, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration