83 FR 18643 - Qualification of Drivers; Exemption Applications; Diabetes

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 82 (April 27, 2018)

Page Range		18643-18644
FR Document		2018-08916

FMCSA announces its decision to renew exemptions for 53 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 82 (Friday, April 27, 2018)

[Federal Register Volume 83, Number 82 (Friday, April 27, 2018)]
[Notices]
[Pages 18643-18644]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08916]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2009-0294; FMCSA-2011-0326; FMCSA-2011-0327; FMCSA-
2011-0367; FMCSA-2013-0192; FMCSA-2015-0340; FMCSA-2015-0341]


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 53 
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 53 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 6722). 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 53 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 391.41(b)(3):
    In accordance with 49 U.S.C. 31136(e) and 31315, the following 
groups of drivers received renewed exemptions in the month of February 
and are discussed below:
    As of February 1, 2018, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following three individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (80 FR 81415; 81 FR 
45213): Douglas E. Hensley, (MO); John K. Moorhead, (KY); Hugh S. 
Wacker, (IL).
    The drivers were included in docket number FMCSA-2015-0340. Their 
exemptions are applicable as of February 1, 2018, and will expire on 
February 1, 2020.
    As of February 6, 2018, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following six individuals

[[Page 18644]]

have satisfied the renewal conditions for obtaining an exemption from 
the rule prohibiting drivers with ITDM from driving CMVs in interstate 
commerce (76 FR 79756; 77 FR 5873; 81 FR 1281):

Howard A. Betz (OH)
Kevin J. Coppens (ME)
Frank H. Ford, Jr. (PA)
Daniel R. Harris (TX)
Joseph L. Owings (AL)
Jerry H. Small (NC)

    The drivers were included in docket number FMCSA-2011-0326. Their 
exemptions are applicable as of February 6, 2018, and will expire on 
February 6, 2020.
    As of February 10, 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 (76 FR 78720; 77 FR 
7232; 81 FR 1281): Kenneth J. Hill, (OH); Frank E. Ray, (KS).
    The drivers were included in docket number FMCSA-2011-0327. Their 
exemptions are applicable as of February 10, 2018, and will expire on 
February 10, 2020.
    As of February 12, 2018, and in accordance with 49 U.S.C. 31136(e) 
and 31315, Guy B. Mayes (WA) has satisfied the renewal conditions for 
obtaining an exemption from the rule prohibiting drivers with ITDM from 
driving CMVs in interstate commerce (78 FR 78479; 79 FR 13086; 81 FR 
1281).
    This driver was included in docket number FMCSA-2013-0192. The 
exemption is applicable as of February 12, 2018, and will expire on 
February 12, 2020.
    As of February 17, 2018, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 26 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (81 FR 1987; 81 FR 
36378):

Kevin D. Aaron (PA)
Juan Acevedo (FL)
Eugene O. Carr, Jr. (DE)
Tracy R. Clark (KY)
Jerry L. Coward (NC)
Wesley N. Cubby (NJ)
Michael G. Deschenes (MN)
James C. Detwiler (PA)
Jay E. Diller (PA)
Jose N. Escobar (MD)
Frank J. Gogno (PA)
Michael D. Hashem (MA)
George W. Hauck (LA)
Aseneka K. Igambi (TX)
Hayward G. Jinright (AL)
James S. Kauffman (PA)
Kevin M. Kemp (NJ)
Carlos A. Montano (NY)
Michael J. Payne (MD)
Christopher M. Seals (MS)
Robert Sienkiewicz (MI)
Craig A. Sines (OR)
Joel K. Spencer (AL)
Kendall W. Unruh (MO)
Daniel R. Vilart (WA)
Logan D. Yoder (IN)

    The drivers were included in docket number FMCSA-2015-0341. Their 
exemptions are applicable as of February 17, 2018, and will expire on 
February 17, 2020.
    As of February 22, 2018, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following ten 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 533; 77 FR 
10607; 81 FR 1281):

Garry L. Camden (IN)
Loren A. Cox (NY)
Daryl F. Gilbertson (WI)
Alfred Gutierrez, II (OK)
Matthew D. Hulse (KS)
Neil Karvonen (WA)
Earl T. Morton, Jr. (VA)
Richard A. Norstebon (ND)
Donald J. Olbinski (IL)
Kevin E. Risley (IN)

    The drivers were included in docket number FMCSA-2011-0367. Their 
exemptions are applicable as of February 22, 2018, and will expire on 
February 22, 2020.
    As of February 24, 2018, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following five individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (74 FR 68092; 75 FR 
8182; 81 FR 1281):

Daniel C. Druffel (WA)
Gregory J. Godley (WA)
Justin R. Henneinke (CA)
Richard L. Sulzberger (IL)
Dirk Vanstralen (CA)

    The drivers were included in docket number FMCSA-2009-0294. Their 
exemptions are applicable as of February 24, 2018, and will expire on 
February 24, 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 23, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-08916 Filed 4-26-18; 8:45 am]
 BILLING CODE 4910-EX-P

Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Notices 18643

final rule during the first 6 years of DEPARTMENT OF TRANSPORTATION notice (DOT/ALL–14 FDMS), which can
implementation of the final rule. be reviewed at http://www.dot.gov/
Therefore, all the IC activities imposed Federal Motor Carrier Safety privacy.
on the MEs, drivers, and motor carriers Administration
II. Background
over the first 6 years of implementing [Docket No. FMCSA–2009–0294; FMCSA–
the Medical Examiner’s Certification 2011–0326; FMCSA–2011–0327; FMCSA–
On February 14, 2018, FMCSA
Integration final rule will remain 2011–0367; FMCSA–2013–0192; FMCSA– published a notice announcing its
unchanged. 2015–0340; FMCSA–2015–0341] decision to renew exemptions for 53
Title: Medical Qualification individuals from the insulin-treated
Requirements. Qualification of Drivers; Exemption diabetes mellitus prohibition in 49 CFR
OMB Control Number: 2126–0006. Applications; Diabetes 391.41(b)(3) to operate a CMV in
Type of Request: Revision and interstate commerce and requested
AGENCY: Federal Motor Carrier Safety
renewal of a current approved comments from the public (83 FR 6722).
Administration (FMCSA), DOT.
information collection Respondents: The public comment period ended on
Commercial motor vehicle drivers, ACTION: Notice of final disposition. March 16, 2018, and no comments were
motor carriers, medical examiners, SUMMARY: FMCSA announces its received.
testing centers. decision to renew exemptions for 53 As stated in the previous notice,
Estimated Number of Respondents: individuals from its prohibition in the FMCSA has evaluated the eligibility of
65,503,280. Federal Motor Carrier Safety these applicants and determined that
Expiration Date: August 31, 2018. Regulations (FMCSRs) against persons renewing these exemptions would
Estimated Total Annual Burden: achieve a level of safety equivalent to or
with insulin-treated diabetes mellitus
2,395,315 hours. greater than the level that would be
This information collection is (ITDM) from operating commercial
motor vehicles (CMVs) in interstate achieved by complying with the current
comprised of the following five regulation 49 CFR 391.41(b)(3).
information collection activities: commerce. The exemptions enable these
individuals with ITDM to continue to The physical qualification standard
Physical Qualification Standards operate CMVs in interstate commerce. for drivers regarding diabetes found in
49 CFR 391.41(b)(3) states that a person
1,892,700 annual burden hours DATES: Each group of renewed
is physically qualified to drive a CMV
4,813,510 annual respondents exemptions were applicable on the
if that person has no established
dates stated in the discussions below
Resolution of Medical Conflict medical history or clinical diagnosis of
and will expire on the dates stated in
diabetes mellitus currently requiring
11 annual burden hours the discussions below.
3 annual respondents insulin for control.
FOR FURTHER INFORMATION CONTACT: Ms.
Medical Exemptions Christine A. Hydock, Chief, Medical III. Discussion of Comments
Programs Division, 202–366–4001, FMCSA received no comments in this
4,430 annual burden hours fmcsamedical@dot.gov, FMCSA,
7,332 annual respondents preceding.
Department of Transportation, 1200
SPE Certificate Program New Jersey Avenue SE, Room W64–224, IV. Conclusion
2,714 annual burden hours Washington, DC 20590–0001. Office Based upon its evaluation of the 53
2,426 annual respondents hours are from 8:30 a.m. to 5:30 p.m., renewal exemption applications and
e.t., Monday through Friday, except comments received, FMCSA confirms
National Registry of Certified Medical Federal holidays. If you have questions its’ decision to exempt the following
Examiners regarding viewing or submitting drivers from the rule prohibiting drivers
495,460 annual burden hours material to the docket, contact Docket with ITDM from driving CMVs in
680,009 annual respondents Services, telephone (202) 366–9826. interstate commerce in 49 CFR
Public Comments Invited: You are SUPPLEMENTARY INFORMATION: 391.41(b)(3):
asked to comment on any aspect of this In accordance with 49 U.S.C. 31136(e)
I. Electronic Access and 31315, the following groups of
information collection, including: (1)
Whether the proposed collection is You may see all the comments online drivers received renewed exemptions in
necessary for the performance of through the Federal Document the month of February and are
FMCSA’s functions; (2) the accuracy of Management System (FDMS) at: http:// discussed below:
the estimated burden; (3) ways for www.regulations.gov. As of February 1, 2018, and in
FMCSA to enhance the quality, Docket: For access to the docket to accordance with 49 U.S.C. 31136(e) and
usefulness, and clarity of the collected read background documents or 31315, the following three individuals
information; and (4) ways that the comments, go to http// have satisfied the renewal conditions for
burden could be minimized without www.regulations.gov and/or Room obtaining an exemption from the rule
reducing the quality of the collected W12–140 on the ground level of the prohibiting drivers with ITDM from
information. The agency will summarize West Building, 1200 New Jersey driving CMVs in interstate commerce
or include your comments in the request Avenue, SE, Washington, DC, between 9 (80 FR 81415; 81 FR 45213): Douglas E.
for OMB’s clearance of this information a.m. and 5 p.m., e.t., Monday through Hensley, (MO); John K. Moorhead, (KY);
collection. Friday, except Federal holidays. Hugh S. Wacker, (IL).
Privacy Act: In accordance with 5 The drivers were included in docket
daltland on DSKBBV9HB2PROD with NOTICES

Issued under the authority of 49 CFR 1.87 U.S.C. 553(c), DOT solicits comments number FMCSA–2015–0340. Their
on: April 20, 2018. from the public to better inform its exemptions are applicable as of
Kelly Regal, rulemaking process. DOT posts these February 1, 2018, and will expire on
Associate Administrator for Office of comments, without edit, including any February 1, 2020.
Research and Information Technology. personal information the commenter As of February 6, 2018, and in
[FR Doc. 2018–08919 Filed 4–26–18; 8:45 am] provides, to http://www.regulations.gov, accordance with 49 U.S.C. 31136(e) and
BILLING CODE 4910–EX–P as described in the system of records 31315, the following six individuals

VerDate Sep<11>2014 18:18 Apr 26, 2018 Jkt 244001 PO 00000 Frm 00143 Fmt 4703 Sfmt 4703 E:\FR\FM\27APN1.SGM 27APN1

18644 Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Notices

have satisfied the renewal conditions for Kevin M. Kemp (NJ) and objectives of 49 U.S.C. 31136 and
obtaining an exemption from the rule Carlos A. Montano (NY) 31315.
prohibiting drivers with ITDM from Michael J. Payne (MD) Issued on: April 23, 2018.
driving CMVs in interstate commerce Christopher M. Seals (MS)
Larry W. Minor,
(76 FR 79756; 77 FR 5873; 81 FR 1281): Robert Sienkiewicz (MI)
Craig A. Sines (OR) Associate Administrator for Policy.
Howard A. Betz (OH) [FR Doc. 2018–08916 Filed 4–26–18; 8:45 am]
Kevin J. Coppens (ME) Joel K. Spencer (AL)
Frank H. Ford, Jr. (PA) Kendall W. Unruh (MO) BILLING CODE 4910–EX–P

Daniel R. Harris (TX) Daniel R. Vilart (WA)
Joseph L. Owings (AL) Logan D. Yoder (IN)
The drivers were included in docket DEPARTMENT OF TRANSPORTATION
Jerry H. Small (NC)
The drivers were included in docket number FMCSA–2015–0341. Their Federal Motor Carrier Safety
number FMCSA–2011–0326. Their exemptions are applicable as of Administration
exemptions are applicable as of February 17, 2018, and will expire on
February 17, 2020. [Docket No. FMCSA–2018–0010]
February 6, 2018, and will expire on
February 6, 2020. As of February 22, 2018, and in
accordance with 49 U.S.C. 31136(e) and Qualification of Drivers; Exemption
As of February 10, 2018, and in Applications; Vision
accordance with 49 U.S.C. 31136(e) and 31315, the following ten individuals
31315, the following two individuals have satisfied the renewal conditions for AGENCY: Federal Motor Carrier Safety
have satisfied the renewal conditions for obtaining an exemption from the rule Administration (FMCSA), DOT.
obtaining an exemption from the rule prohibiting drivers with ITDM from ACTION: Notice of applications for
prohibiting drivers with ITDM from driving CMVs in interstate commerce exemption; request for comments.
driving CMVs in interstate commerce (77 FR 533; 77 FR 10607; 81 FR 1281):
(76 FR 78720; 77 FR 7232; 81 FR 1281): Garry L. Camden (IN) SUMMARY: FMCSA announces receipt of
Kenneth J. Hill, (OH); Frank E. Ray, Loren A. Cox (NY) applications from 14 individuals for an
(KS). Daryl F. Gilbertson (WI) exemption from the vision requirement
The drivers were included in docket Alfred Gutierrez, II (OK) in the Federal Motor Carrier Safety
number FMCSA–2011–0327. Their Matthew D. Hulse (KS) Regulations (FMCSRs) to operate a
exemptions are applicable as of Neil Karvonen (WA) commercial motor vehicle (CMV) in
February 10, 2018, and will expire on Earl T. Morton, Jr. (VA) interstate commerce. If granted, the
February 10, 2020. Richard A. Norstebon (ND) exemptions will enable these
As of February 12, 2018, and in Donald J. Olbinski (IL) individuals to operate CMVs in
accordance with 49 U.S.C. 31136(e) and Kevin E. Risley (IN) interstate commerce without meeting
31315, Guy B. Mayes (WA) has satisfied The drivers were included in docket the vision requirement in one eye.
the renewal conditions for obtaining an number FMCSA–2011–0367. Their DATES: Comments must be received on
exemption from the rule prohibiting exemptions are applicable as of or before May 29, 2018.
drivers with ITDM from driving CMVs February 22, 2018, and will expire on ADDRESSES: You may submit comments
in interstate commerce (78 FR 78479; 79 February 22, 2020. bearing the Federal Docket Management
FR 13086; 81 FR 1281). As of February 24, 2018, and in System (FDMS) Docket No. FMCSA–
This driver was included in docket accordance with 49 U.S.C. 31136(e) and 2018–0010 using any of the following
number FMCSA–2013–0192. The 31315, the following five individuals methods:
exemption is applicable as of February have satisfied the renewal conditions for • Federal eRulemaking Portal: Go to
12, 2018, and will expire on February obtaining an exemption from the rule http://www.regulations.gov. Follow the
12, 2020. prohibiting drivers with ITDM from online instructions for submitting
As of February 17, 2018, and in driving CMVs in interstate commerce comments.
accordance with 49 U.S.C. 31136(e) and (74 FR 68092; 75 FR 8182; 81 FR 1281): • Mail: Docket Management Facility;
31315, the following 26 individuals Daniel C. Druffel (WA) U.S. Department of Transportation, 1200
have satisfied the renewal conditions for Gregory J. Godley (WA) New Jersey Avenue SE, West Building
obtaining an exemption from the rule Justin R. Henneinke (CA) Ground Floor, Room W12–140,
prohibiting drivers with ITDM from Richard L. Sulzberger (IL) Washington, DC 20590–0001.
driving CMVs in interstate commerce Dirk Vanstralen (CA) • Hand Delivery: West Building
(81 FR 1987; 81 FR 36378): The drivers were included in docket Ground Floor, Room W12–140, 1200
Kevin D. Aaron (PA) number FMCSA–2009–0294. Their New Jersey Avenue SE, Washington,
Juan Acevedo (FL) exemptions are applicable as of DC, between 9 a.m. and 5 p.m., e.t.,
Eugene O. Carr, Jr. (DE) February 24, 2018, and will expire on Monday through Friday, except Federal
Tracy R. Clark (KY) February 24, 2020. Holidays.
Jerry L. Coward (NC) In accordance with 49 U.S.C. 31315, • Fax: 1–202–493–2251.
Wesley N. Cubby (NJ) each exemption will be valid for two Instructions: Each submission must
Michael G. Deschenes (MN) years from the effective date unless include the Agency name and the
James C. Detwiler (PA) revoked earlier by FMCSA. The docket number(s) for this notice. Note
Jay E. Diller (PA) exemption will be revoked if the that all comments received will be
daltland on DSKBBV9HB2PROD with NOTICES

Jose N. Escobar (MD) following occurs: (1) The person fails to posted without change to http://
Frank J. Gogno (PA) comply with the terms and conditions www.regulations.gov, including any
Michael D. Hashem (MA) of the exemption; (2) the exemption has personal information provided. Please
George W. Hauck (LA) resulted in a lower level of safety than see the Privacy Act heading below for
Aseneka K. Igambi (TX) was maintained prior to being granted; further information.
Hayward G. Jinright (AL) or (3) continuation of the exemption Docket: For access to the docket to
James S. Kauffman (PA) would not be consistent with the goals read background documents or

VerDate Sep<11>2014 18:18 Apr 26, 2018 Jkt 244001 PO 00000 Frm 00144 Fmt 4703 Sfmt 4703 E:\FR\FM\27APN1.SGM 27APN1

Document Created: 2018-04-27 01:44:21
Document Modified: 2018-04-27 01:44:21

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of 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 18643

83 FR 18643 - Qualification of Drivers; Exemption Applications; Diabetes

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 82 (April 27, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration