83 FR 2295 - Qualification of Drivers; Exemption Applications; Diabetes

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 10 (January 16, 2018)

Page Range		2295-2297
FR Document		2018-00580

FMCSA announces its decision to renew exemptions for 169 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 10 (Tuesday, January 16, 2018)

[Federal Register Volume 83, Number 10 (Tuesday, January 16, 2018)]
[Notices]
[Pages 2295-2297]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00580]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-25751; FMCSA-2011-0193; FMCSA-2011-0194; FMCSA-
2013-0183; FMCSA-2013-0186; FMCSA-2013-0189; FMCSA-2015-0067; FMCSA-
2015-0068; FMCSA-2015-0069]


Qualification of Drivers; Exemption Applications; Diabetes

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

ACTION: Notice of renewal of exemptions; request for comments.

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SUMMARY: FMCSA announces its decision to renew exemptions for 169 
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 February 
15, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2006-25751; FMCSA-2011-0193; 
FMCSA-2011-0194; FMCSA-2013-0183; FMCSA-2013-0186; FMCSA-2013-0189; 
FMCSA-2015-0067; FMCSA-2015-0068; FMCSA-2015-0069 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 169 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 169 applicants has satisfied the renewal conditions for obtaining 
an exemption from the diabetes requirement (71 FR 58464; 71 FR 67201; 
76 FR 61140; 76 FR 63295;

[[Page 2296]]

76 FR 71111; 76 FR 76400; 78 FR 50482; 78 FR 55460; 78 FR 56988; 78 FR 
65754; 78 FR 67459; 78 FR 69795; 80 FR 59237; 80 FR 62155; 80 FR 63863; 
80 FR 68895; 80 FR 79401; 81 FR 6329; 81 FR 6330). 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 November 
and are discussed below:
    As of November 1, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 12 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (78 FR 50482; 78 FR 
65754; 80 FR 68895):

John K. Abels (IL)
Dean A. Bacon (IN)
Philip E. Banks (OH)
Anthony M. Brida (NJ)
Charles E. Dailey (AL)
Kenneth D. Denny (WA)
Adam M. Hogue (MS)
Greg P. Mason (NY)
Thomas D. Miller (MT)
Douglas A. Mulligan (KY)
David G. Peters (PA)
Gregory F. Wendt (NE)

    The drivers were included in docket number FMCSA-2013-0183. Their 
exemptions are applicable as of November 1, 2017, and will expire on 
November 1, 2019.
    As of November 3, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 37 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 59237; 80 FR 
79401):

Melvin S. Adams, Jr. (MD)
Kevin R. Arnett (MO)
David A. Ash (KS)
Louis Barrios (WA)
Robert W. Brown (TN)
Amanda K. Burke (IA)
Gallaspy C. Chapman (CO)
Fredrick R. Conner (PA)
Charles A. Culler (OH)
Allan E. Dover (ID)
Larry D. Everett (CA)
James Ferrone (PA)
Kenneth C. Fosdick (OH)
Todd E. Gross (WI)
Ricky V. Hoffman (KS)
Gary A. Jackson (PA)
Wayne O. Jennings (KS)
Larian A. Koger (NC)
Richard C. Lakas (MO)
Amondo D. Lark (FL)
Deborah C. Neece (NC)
Paul Neville (NJ)
Thomas M. Nicolaus (IA)
James D. Rast, III (SC)
Jason K. Riley (WV)
David C. Ripley (WA)
Joseph D. Shehan (NC)
Michael Shuler (DC)
Joseph A. Sitarchyk (PA)
Max F. Smith (IA)
Vann H. Smith (AL)
Donald Snead (GA)
John L. Stauffer (IA)
David L. Stephenson (SD)
Connie E. Wideman (FL)
Gary W. Wood (AR)
Willard Zylstra (CA)

    The drivers were included in docket number FMCSA-2015-0067. Their 
exemptions are applicable as of November 3, 2017, and will expire on 
November 3, 2019.
    As of November 9, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 11 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (78 FR 55460; 78 FR 
69795; 80 FR 68895):

Mark A. Blanton (IN)
Howard T. Cash (IL)
Heath J. Chesser (AL)
Kevin F. Connacher (PA)
Darryl A. Daniels (OH)
Carrie L. Frisby (CA)
Dean M. Keeven (MI)
Christopher A. Labudde (IL)
Brian A. Mankowski (IL)
Robert E. Welling (OH)
Keith Weymouth (ME)

    The drivers were included in docket number FMCSA-2013-0193. Their 
exemptions are applicable as of November 9, 2017, and will expire on 
November 9, 2019.
    As of November 12, 2017, 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 (78 FR 56988; 78 FR 
67459; 80 FR 68895):

Philip B. Blythe (IL)
Ryan T. Byndas (AZ)
Winfred G. Clemenson (WA)
Chad P. Colligan (NY)
James D. Crosson, Jr. (MN)
Bruce E. Feltenbarger (MI)
Charles A. Fleming (VA)
Brian W. Hannah (UT)
Michael P. Huck (MI)
Van K. Jarrett (KY)
Keith W. Lewis (MO)
Ronny J. Moreau (NH)
James M. O'Rourke (MA)
Joshua T. Paumer (MT)
Vladimir B. Petkov (MO)
Robert J. Pulliam (AZ)
Daniel C. Theis (FL)
Richard A. White (TN)
Mark A. Winning (IL)

    The drivers were included in docket number FMCSA-2013-0186. Their 
exemptions are applicable as of November 12, 2017, and will expire on 
November 12, 2019.
    As of November 16, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 12 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (76 FR 61140; 76 FR 
71111; 80 FR 68895):

Mark D. Andersen (IA)
David A. Basher (MA)
Brian H. Berthiaume (VT)
Eric D. Blocker, Sr. (NC)
Barry W. Campbell (WI)
Raymond A. Jack (WA)
Kenny B. Keels, Jr. (SC)
Jason M. Pritchett (MI)
Steven R. Sibert (MN)
Cassie J. Silbernagel (SD)
Lewis B. Taylor (IL)
James A. Terilli (NY)

    The drivers were included in docket number FMCSA-2011-0194. Their 
exemptions are applicable as of November 16, 2017, and will expire on 
November 16, 2019.
    As of November 17, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 28 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 62155; 81 FR 
6329):

Robert G. Chadwick (UT)
Brian D. Correll (PA)
Thomas W. Feely (NY)
Jeffrey S. Gurick (NJ)
Robert Hackey, Jr. (NJ)
Lawrence D. Hastings (WI)
Michael P. Haun (RI)
Anthony G. Hill (GA)
Charles H. Hillman (OR)
Alan L. Hodge (MN)
Nicholas C. Huber (IA)

[[Page 2297]]

Joseph S. Hurlburt (NY)
Robert J. Johnson (WA)
Robert L. Lawson (SC)
Leroy Madison (SC)
Mark L. Martin (WA)
Wendell J. Matthews (MO)
Peter G. Mattos (VT)
Michael J. Murray, Jr. (CA)
Joseph K. Niesen (IL)
Herman Powell, Jr. (TX)
William H. Riley, Jr. (IL)
Thomas H. Smith (SC)
James W. Smith (IL)
Michael J. Swanson (IL)
Patrick J. Sweeney (NJ)
Mark A. Turley (PA)
Jon T. Webster (MN)

    The drivers were included in docket number FMCSA-2015-0069. Their 
exemptions are applicable as of November 17, 2017, and will expire on 
November 17, 2019.
    As of November 20, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 20 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (71 FR 58464; 71 FR 
67201; 80 FR 68895):

John N. Anderson (MN)
Allan C. Boyum (MN)
Terry L. Brantley (NC)
Steven E. Brechting (MI)
Scott A. Carlson (WI)
Joseph L. Coggins (SC)
Stephanie D. Fry (WY)
Robert W. Gaultney, Jr. (MD)
Paul T. Kubish (WI)
David M. Levy (NY)
David F. Morin (CA)
Jeffrey J. Morinelli (NE)
Ronald D. Murphy (WV)
Charles B. Page (PA)
John A. Remaklus (OH)
Michael D. Schooler (IN)
Arthur L. Stapleton, Jr. (OH)
Jeffrey M. Thew (WA)
Barney J. Wade
Dennis D. Wade (IL)

    The drivers were included in docket number FMCSA-2006-25751. Their 
exemptions are applicable as of November 20, 2017, and will expire on 
November 20, 2019.
    As of November 21, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 29 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 63863; 81 FR 
6330):

Leonel Barrera, Jr. (TX)
Alfred T. Benelli (PA)
Rickie J. Burgess (NC)
Edson M. Chick (VT)
Jerome E. Collins (LA)
Alvah R. Daniel, Jr. (WY)
John M. Fisher (VA)
Kent E. Fry (IL)
Stanley M. Garrison (AR)
Eric T. Herron (NV)
Lyle E. Hinspeter, Jr. (IA)
Burton W. Holliday (AL)
Justin L. Howe (IL)
Robert M. Manko (NY)
Clarance McNeill (NC)
Joe R. Minga (MS)
Tyna M. Murphy (PA)
Jose A. Ortega (IL)
Troy D. Ostrowski (MN)
Terry G. Parker (OR)
Anthony T. Quaglieri (NJ)
Antonio Ramos (RI)
Robert N. Ruhs (IA)
Ford J. Stevens, Jr. (MA)
Donald T. Streich (WA)
Dale A. Stydinger (PA)
Raymond E. Thomason (CA)
Robert M. Wright (PA)
Joe L. Zamora (TX)

    The drivers were included in docket number FMCSA-2015-0068. Their 
exemptions are applicable as of November 21, 2017, and will expire on 
November 21, 2019.
    As of November 22, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, Steven R. Auger (NH) has satisfied the renewal conditions 
for obtaining an exemption from the rule prohibiting drivers with ITDM 
from driving CMVs in interstate commerce (76 FR 63295; 76 FR 76400; 80 
FR 68895).
    This driver was included in docket number FMCSA-2013-0189. The 
exemption is applicable as of November 22, 2017, and will expire on 
November 22, 2019.

IV. Conditions and Requirements

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

V. Preemption

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

VI. Conclusion

    Based upon its evaluation of the 169 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: January 5, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-00580 Filed 1-12-18; 8:45 am]
 BILLING CODE 4910-EX-P

2296 Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices

76 FR 71111; 76 FR 76400; 78 FR 50482; Allan E. Dover (ID) Ryan T. Byndas (AZ)
78 FR 55460; 78 FR 56988; 78 FR 65754; Larry D. Everett (CA) Winfred G. Clemenson (WA)
78 FR 67459; 78 FR 69795; 80 FR 59237; James Ferrone (PA) Chad P. Colligan (NY)
80 FR 62155; 80 FR 63863; 80 FR 68895; Kenneth C. Fosdick (OH) James D. Crosson, Jr. (MN)
80 FR 79401; 81 FR 6329; 81 FR 6330). Todd E. Gross (WI) Bruce E. Feltenbarger (MI)
They have maintained their required Ricky V. Hoffman (KS) Charles A. Fleming (VA)
medical monitoring and have not Gary A. Jackson (PA) Brian W. Hannah (UT)
exhibited any medical issues that would Wayne O. Jennings (KS) Michael P. Huck (MI)
compromise their ability to safely Larian A. Koger (NC) Van K. Jarrett (KY)
operate a CMV during the previous two- Richard C. Lakas (MO) Keith W. Lewis (MO)
year exemption period. These factors Amondo D. Lark (FL) Ronny J. Moreau (NH)
provide an adequate basis for predicting Deborah C. Neece (NC) James M. O’Rourke (MA)
each driver’s ability to continue to drive Paul Neville (NJ) Joshua T. Paumer (MT)
safely in interstate commerce. Thomas M. Nicolaus (IA) Vladimir B. Petkov (MO)
Therefore, FMCSA concludes that James D. Rast, III (SC) Robert J. Pulliam (AZ)
extending the exemption for each of Jason K. Riley (WV) Daniel C. Theis (FL)
these drivers for a period of two years David C. Ripley (WA) Richard A. White (TN)
is likely to achieve a level of safety Joseph D. Shehan (NC) Mark A. Winning (IL)
equal to that existing without the Michael Shuler (DC) The drivers were included in docket
exemption. Joseph A. Sitarchyk (PA) number FMCSA–2013–0186. Their
In accordance with 49 U.S.C. 31136(e) Max F. Smith (IA) exemptions are applicable as of
and 31315, the following groups of Vann H. Smith (AL) November 12, 2017, and will expire on
drivers received renewed exemptions in Donald Snead (GA) November 12, 2019.
the month of November and are John L. Stauffer (IA) As of November 16, 2017, and in
discussed below: David L. Stephenson (SD) accordance with 49 U.S.C. 31136(e) and
As of November 1, 2017, and in Connie E. Wideman (FL) 31315, the following 12 individuals
accordance with 49 U.S.C. 31136(e) and Gary W. Wood (AR) have satisfied the renewal conditions for
31315, the following 12 individuals Willard Zylstra (CA) obtaining an exemption from the rule
have satisfied the renewal conditions for The drivers were included in docket prohibiting drivers with ITDM from
obtaining an exemption from the rule number FMCSA–2015–0067. Their driving CMVs in interstate commerce
prohibiting drivers with ITDM from exemptions are applicable as of (76 FR 61140; 76 FR 71111; 80 FR
driving CMVs in interstate commerce November 3, 2017, and will expire on 68895):
(78 FR 50482; 78 FR 65754; 80 FR November 3, 2019. Mark D. Andersen (IA)
68895): As of November 9, 2017, and in David A. Basher (MA)
John K. Abels (IL) accordance with 49 U.S.C. 31136(e) and Brian H. Berthiaume (VT)
Dean A. Bacon (IN) 31315, the following 11 individuals Eric D. Blocker, Sr. (NC)
Philip E. Banks (OH) have satisfied the renewal conditions for Barry W. Campbell (WI)
Anthony M. Brida (NJ) obtaining an exemption from the rule Raymond A. Jack (WA)
Charles E. Dailey (AL) prohibiting drivers with ITDM from Kenny B. Keels, Jr. (SC)
Kenneth D. Denny (WA) driving CMVs in interstate commerce Jason M. Pritchett (MI)
Adam M. Hogue (MS) (78 FR 55460; 78 FR 69795; 80 FR Steven R. Sibert (MN)
Greg P. Mason (NY) 68895): Cassie J. Silbernagel (SD)
Thomas D. Miller (MT) Mark A. Blanton (IN) Lewis B. Taylor (IL)
Douglas A. Mulligan (KY) Howard T. Cash (IL) James A. Terilli (NY)
David G. Peters (PA) Heath J. Chesser (AL) The drivers were included in docket
Gregory F. Wendt (NE) Kevin F. Connacher (PA) number FMCSA–2011–0194. Their
The drivers were included in docket Darryl A. Daniels (OH) exemptions are applicable as of
number FMCSA–2013–0183. Their Carrie L. Frisby (CA) November 16, 2017, and will expire on
exemptions are applicable as of Dean M. Keeven (MI) November 16, 2019.
November 1, 2017, and will expire on Christopher A. Labudde (IL) As of November 17, 2017, and in
November 1, 2019. Brian A. Mankowski (IL) accordance with 49 U.S.C. 31136(e) and
As of November 3, 2017, and in Robert E. Welling (OH) 31315, the following 28 individuals
accordance with 49 U.S.C. 31136(e) and Keith Weymouth (ME) have satisfied the renewal conditions for
31315, the following 37 individuals The drivers were included in docket obtaining an exemption from the rule
have satisfied the renewal conditions for number FMCSA–2013–0193. Their prohibiting drivers with ITDM from
obtaining an exemption from the rule exemptions are applicable as of driving CMVs in interstate commerce
prohibiting drivers with ITDM from November 9, 2017, and will expire on (80 FR 62155; 81 FR 6329):
driving CMVs in interstate commerce November 9, 2019. Robert G. Chadwick (UT)
(80 FR 59237; 80 FR 79401): As of November 12, 2017, and in Brian D. Correll (PA)
Melvin S. Adams, Jr. (MD) accordance with 49 U.S.C. 31136(e) and Thomas W. Feely (NY)
Kevin R. Arnett (MO) 31315, the following 19 individuals Jeffrey S. Gurick (NJ)
daltland on DSKBBV9HB2PROD with NOTICES

David A. Ash (KS) have satisfied the renewal conditions for Robert Hackey, Jr. (NJ)
Louis Barrios (WA) obtaining an exemption from the rule Lawrence D. Hastings (WI)
Robert W. Brown (TN) prohibiting drivers with ITDM from Michael P. Haun (RI)
Amanda K. Burke (IA) driving CMVs in interstate commerce Anthony G. Hill (GA)
Gallaspy C. Chapman (CO) (78 FR 56988; 78 FR 67459; 80 FR Charles H. Hillman (OR)
Fredrick R. Conner (PA) 68895): Alan L. Hodge (MN)
Charles A. Culler (OH) Philip B. Blythe (IL) Nicholas C. Huber (IA)

VerDate Sep<11>2014 22:48 Jan 12, 2018 Jkt 244001 PO 00000 Frm 00166 Fmt 4703 Sfmt 4703 E:\FR\FM\16JAN1.SGM 16JAN1

Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices 2297

Joseph S. Hurlburt (NY) Jerome E. Collins (LA) employed. The driver must also have a
Robert J. Johnson (WA) Alvah R. Daniel, Jr. (WY) copy of the exemption when driving, for
Robert L. Lawson (SC) John M. Fisher (VA) presentation to a duly authorized
Leroy Madison (SC) Kent E. Fry (IL) Federal, State, or local enforcement
Mark L. Martin (WA) Stanley M. Garrison (AR) official. The exemption will be
Wendell J. Matthews (MO) Eric T. Herron (NV) rescinded if: (1) The person fails to
Peter G. Mattos (VT) Lyle E. Hinspeter, Jr. (IA) comply with the terms and conditions
Michael J. Murray, Jr. (CA) Burton W. Holliday (AL) of the exemption; (2) the exemption has
Joseph K. Niesen (IL) Justin L. Howe (IL) resulted in a lower level of safety than
Herman Powell, Jr. (TX) Robert M. Manko (NY) was maintained before it was granted; or
William H. Riley, Jr. (IL) Clarance McNeill (NC) (3) continuation of the exemption would
Thomas H. Smith (SC) Joe R. Minga (MS) not be consistent with the goals and
James W. Smith (IL) Tyna M. Murphy (PA) objectives of 49 U.S.C. 31136(e) and
Michael J. Swanson (IL) Jose A. Ortega (IL) 31315.
Patrick J. Sweeney (NJ) Troy D. Ostrowski (MN)
Mark A. Turley (PA) Terry G. Parker (OR) V. Preemption
Jon T. Webster (MN) Anthony T. Quaglieri (NJ) During the period the exemption is in
The drivers were included in docket Antonio Ramos (RI) effect, no State shall enforce any law or
Robert N. Ruhs (IA) regulation that conflicts with this
number FMCSA–2015–0069. Their
Ford J. Stevens, Jr. (MA)
exemptions are applicable as of exemption with respect to a person
Donald T. Streich (WA)
November 17, 2017, and will expire on operating under the exemption.
Dale A. Stydinger (PA)
November 17, 2019. Raymond E. Thomason (CA) VI. Conclusion
As of November 20, 2017, and in Robert M. Wright (PA)
accordance with 49 U.S.C. 31136(e) and Based upon its evaluation of the 169
Joe L. Zamora (TX)
31315, the following 20 individuals exemption applications, FMCSA renews
The drivers were included in docket the exemptions of the aforementioned
have satisfied the renewal conditions for
number FMCSA–2015–0068. Their drivers from the rule prohibiting drivers
obtaining an exemption from the rule
exemptions are applicable as of with ITDM from driving CMVs in
prohibiting drivers with ITDM from
November 21, 2017, and will expire on interstate commerce. In accordance with
driving CMVs in interstate commerce
November 21, 2019. 49 U.S.C. 31136(e) and 31315, each
(71 FR 58464; 71 FR 67201; 80 FR
As of November 22, 2017, and in exemption will be valid for two years
68895):
accordance with 49 U.S.C. 31136(e) and unless revoked earlier by FMCSA.
John N. Anderson (MN) 31315, Steven R. Auger (NH) has
Allan C. Boyum (MN) satisfied the renewal conditions for Issued on: January 5, 2018.
Terry L. Brantley (NC) obtaining an exemption from the rule Larry W. Minor,
Steven E. Brechting (MI) prohibiting drivers with ITDM from Associate Administrator for Policy.
Scott A. Carlson (WI) driving CMVs in interstate commerce [FR Doc. 2018–00580 Filed 1–12–18; 8:45 am]
Joseph L. Coggins (SC) (76 FR 63295; 76 FR 76400; 80 FR BILLING CODE 4910–EX–P
Stephanie D. Fry (WY) 68895).
Robert W. Gaultney, Jr. (MD) This driver was included in docket
Paul T. Kubish (WI) number FMCSA–2013–0189. The DEPARTMENT OF TRANSPORTATION
David M. Levy (NY) exemption is applicable as of November
David F. Morin (CA) 22, 2017, and will expire on November Federal Motor Carrier Safety
Jeffrey J. Morinelli (NE) 22, 2019. Administration
Ronald D. Murphy (WV)
IV. Conditions and Requirements [Docket No. FMCSA–2012–0050; FMCSA–
Charles B. Page (PA) 2012–0294; FMCSA–2013–0106; FMCSA–
John A. Remaklus (OH) The exemptions are extended subject 2014–0214; FMCSA–2014–0216; FMCSA–
Michael D. Schooler (IN) to the following conditions: (1) Each 2014–0381; FMCSA–2015–0115; FMCSA–
Arthur L. Stapleton, Jr. (OH) driver must submit a quarterly 2015–0116; FMCSA–2015–0117]
Jeffrey M. Thew (WA) monitoring checklist completed by the
Barney J. Wade treating endocrinologist as well as an Qualification of Drivers; Exemption
Dennis D. Wade (IL) annual checklist with a comprehensive Applications; Epilepsy and Seizure
The drivers were included in docket medical evaluation; (2) each driver must Disorders
number FMCSA–2006–25751. Their report within two business days of AGENCY: Federal Motor Carrier Safety
exemptions are applicable as of occurrence, all episodes of severe Administration (FMCSA), DOT.
November 20, 2017, and will expire on hypoglycemia, significant ACTION: Notice of final disposition.
November 20, 2019. complications, or inability to manage
As of November 21, 2017, and in diabetes; also, any involvement in an SUMMARY: FMCSA announces its
accordance with 49 U.S.C. 31136(e) and accident or any other adverse event in decision to renew exemptions for 12
31315, the following 29 individuals a CMV or personal vehicle, whether or individuals from the requirement in the
have satisfied the renewal conditions for not it is related to an episode of Federal Motor Carrier Safety
obtaining an exemption from the rule hypoglycemia; (3) each driver must Regulations (FMCSRs) that interstate
daltland on DSKBBV9HB2PROD with NOTICES

prohibiting drivers with ITDM from submit an annual ophthalmologist’s or commercial motor vehicle (CMV)
driving CMVs in interstate commerce optometrist’s report; and (4) each driver drivers have ‘‘no established medical
(80 FR 63863; 81 FR 6330): must provide a copy of the annual history or clinical diagnosis of epilepsy
Leonel Barrera, Jr. (TX) medical certification to the employer for or any other condition which is likely
Alfred T. Benelli (PA) retention in the driver’s qualification to cause loss of consciousness or any
Rickie J. Burgess (NC) file, or keep a copy in his/her driver’s loss of ability to control a CMV.’’ The
Edson M. Chick (VT) qualification file if he/she is self- exemptions enable these individuals

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Document Created: 2018-01-13 02:02:32
Document Modified: 2018-01-13 02:02:32

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 February 15, 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 2295

83 FR 2295 - Qualification of Drivers; Exemption Applications; Diabetes

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 10 (January 16, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration