83 FR 28343 - Qualification of Drivers; Exemption Applications; Diabetes
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 117 (June 18, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 117 (June 18, 2018)
| Page Range | 28343-28346 | |
| FR Document | 2018-12985 |
[Federal Register Volume 83, Number 117 (Monday, June 18, 2018)] [Notices] [Pages 28343-28346] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-12985] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2010-0083; FMCSA-2010-0115; FMCSA-2010-0138; FMCSA- 2012-0108; FMCSA-2012-0109; FMCSA-2014-0016; FMCSA-2014-0017; FMCSA- 2016-0040; FMCSA-2016-0041; FMCSA-2016-0042] Qualification of Drivers; Exemption Applications; Diabetes AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. [[Page 28344]] ACTION: Notice of renewal of exemptions; request for comments. ----------------------------------------------------------------------- SUMMARY: FMCSA announces its decision to renew exemptions for 264 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 July 18, 2018. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA-2010-0083; FMCSA-2010-0115; FMCSA-2010-0138; FMCSA-2012-0108; FMCSA-2012-0109; FMCSA-2014-0016; FMCSA-2014-0017; FMCSA-2016-0040; FMCSA-2016-0041; FMCSA-2016-0042 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 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 264 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 264 applicants has satisfied the renewal conditions for obtaining an exemption from the diabetes requirement (75 FR 25919; 75 FR 28677; 75 FR 34206; 75 FR 38597; 75 FR 38598; 75 FR 44049; 77 FR 33551; 77 FR 33554; 77 FR 43417; 77 FR 43901; 79 FR 29484; 79 FR 35844; 79 FR 42628; 79 FR 51223; 81 FR 40746; 81 FR 42035; 81 FR 42044; 81 FR 59725; 81 FR 59726; 81 FR 62793; 81 FR 92949). 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 July and are discussed below: As of July 2, 2018, 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 (75 FR 25919; 75 FR 28677; 75 FR 38597; 75 FR 38598; 81 FR 92949): Spencer W. Alexander (UT) Cody R. Anderson (MT) Joseph P. Beagan (RI) Brian C. Blevins (VA) John M. Charlton (UT) Stuart A. Dietz (KS) Michael G. Eikenberry (IN) Francisco K. Gallardo (AZ) Devin S. Gibson (UT) Jason C. Green (MS) Kimmy D. Hall (AR) Edward G. Harbin (AR) Lewis M. Hendershott (NJ) Mark E. Henning (NY) [[Page 28345]] Christopher M. Hultman (WI) Duane K. Kohls (MN) John F. Lohmuller (IN) Jerry A. McMurdy (PA) Steven L. Miller (ND) H.A. Miller (OR) Andrew D. Monson (MN) Timothy J. Nowak (FL) Peter J. Pendola (VA) Ross R. Romano (MI) Jason D. Sweet (CA) Robert M. Thomson (IL) James P. Tomasik (PA) Joseph H. Watkins (IN) The drivers were included in docket numbers FMCSA-2010-0083; FMCSA- 2010-0115. Their exemptions are applicable as of July 2, 2018, and will expire on July 2, 2020. As of July 22, 2018, 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 (79 FR 29484; 79 FR 42628; 81 FR 92949): Curtis D. Andersen (MT) Thomas E. Armbrust (IL) Michael A. Barrett (MI) Richard K. Cressman (ND) Steven W. Dahl (ND) Shannon D. Eck (KS) Manuel Fernandez (PA) Kevin J. Franje (IA) Jared P. Greene (OH) Michael L. Jobe (PA) Edwin P. Jonas, II (PA) John J. Katcher (CO) Glenn T. Keller (PA) Michael G. Keller (CA) Jay T. Kirschmann (ND) James L. Laufenberg (ND) Erik M. Mardesen (IA) Pedro Saavedra Garcia (CA) Jerry J. Shipley (KS) Glenn A. Skonberg (SD) Douglas R. Smith (KS) Cheryl G. Stephens (DE) Martin T. Struthers (NE) Dennis C. Svec (MI) Larry L. Taff (AR) Filbert J. Torres (NM) Burdette Walker (PA) Harold W. Wilson, Jr. (SC) Ronald D. Young (GA) The drivers were included in docket number FMCSA-2014-0016. Their exemptions are applicable as of July 22, 2018, and will expire on July 22, 2020. As of July 23, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 53 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 40746; 81 FR 59726): Michael J. Andries (WI) Appiah T. Ankrah (MA) Gregory P. Austin (CA) David F. Banko (CO) John T. Bardin (NY) Joseph Berta IV (OK) John C. Birmingham (IA) Robert G. Canelo (NM) Christoph A. Chiappa (NJ) Johnny L. Cloy (TN) Jon W. Collett (OH) Joel A. Cote (ME) Donald E. Cowell (CA) Raymond J. Crosbie (NH) Kenneth Dennis (KY) Robert D. Diefenbaugh (NE) William J. Gangloff (NY) Phillip J. Guidice (WA) Darin K. Hansen (IA) William M. Haralson (TN) Alejandro R. Hernandez (FL) Stephen R. Hill (PA) Jon W. Jernigan (OK) Mark A. Johnston (PA) Denise D. Johnston (IA) Zachary J. F. Kinsey (CA) Jongsub Lee (PA) Ramon Lopez (TX) David C. Love (IL) Billy J. McNealy (MO) Carlos Medellin (TX) Samuel B. Morris (MN) Bryan C. Mullins (TX) Zachary Nechi (IL) Toriano T. Neely (AL) Orlando Padilla (TX) Michael P. Pattie (RI) Brian K. Porter (KY) Oscar L. Quezada (CA) Walter D. Richardson (MA) Tracy A. Rowland (WA) Michael J. Russell (MA) Jeffrey M. Sandler (CA) Paul A. Schaus (IL) Lloyd E. Schrunk (MN) Burton D. Shellabarger (IA) John M. Suttles (OH) John R. Tupper (ID) Thomas W. Upton (NY) James M. Walsh (WI) Billy J. Webb, Jr. (MS) Steven R. Williams (MO) James A. Yates (IA) The drivers were included in docket number FMCSA-2016-0040. Their exemptions are applicable as of July 23, 2018, and will expire on July 23, 2020. As of July 24, 2018, 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 (77 FR 33554; 77 FR 43417; 81 FR 92949): Tony O. Billman (PA) Tracy M. Dowton (MT) Anil D. Gharmalker (KS) Larry A. Hamilton (MO) Allen K. Kates (NJ) Victor C. Port (ND) Jeffrey A. Ryan (IA) James H. Stichberry, Jr. (MD) John F. Watson (IN) Melvin E. Welch (NJ) Leroy R. Wille (IA) The drivers were included in docket number FMCSA-2012-0109. Their exemptions are applicable as of July 24, 2018, and will expire on July 24, 2020. As of July 25, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 44 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 35844; 79 FR 51223; 81 FR 92949): John H. Ascheman (MN) Alan F. Brown, Jr. (IN) Theodore W. Burnette (CA) John Canal (NY) Kevin G. Comstock (MN) Jacob S. Crawford (GA) Christopher Dave (MI) Anthony J. Davis (IN) Charles G. Denegal (WA) Wayne H. Dirks (WA) Charles G. Elliott (IN) Joseph S. Farrow (MN) James R. Fiecke (ND) Eric C. Gambill (OH) Mark P. Gerrits (WI) Michael Gilon (NH) Chance A. Gooch (GA) Robert L. Harris (IN) Darrell S. Haynes (PA) Joseph D. Helget (OR) Charles D. Henderson (NY) Marvin S. Howard (OH) Eric A. Knox (KY) Erik M. Lindquist (WA) Thomas K. Linkel (IN) Christine I. Llewellyn (IL) Thomas J. Manning (MN) Steve A. Meharry (WA) Robert A. Miller, Jr. (WV) Ben G. Moore (IL) Chad M. Morris (NY) Paul C. Mortenson (WI) William D. Murray (AL) Jacob D. Nafziger (OH) Edward T. Nauer (VA) Colin R. Parmelee (IN) Matthew P. Sczpanski (OH) Anthony S. Sobreiro (NJ) Colby E. Starner (PA) Daniel E. Stephens (NY) Johnathan D. Truitt (IL) Rylan P. Wheeler (IL) Kelly L. Whitley (NC) Michelle L. York (WA) The drivers were included in docket number FMCSA-2014-0017. Their exemptions are applicable as of July 25, 2018, and will expire on July 25, 2020. [[Page 28346]] As of July 26, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 13 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 33551; 77 FR 43901; 81 FR 92949): Larry J. Anderson (MN) Wade D. Calvin (WA) Carl A. Candelaria (NM) Owen R. Dossett (AL) Jennifer A. Ferguson (SC) Michael E. Fritz (NV) Lee A. Haerterich (WI) Eric W. Holland (CO) Richard P. Holmen (MN) Paul A. Lacina (ND) Bradley J. Moore (MO) Ross W. Petermann (MN) Curtis J. Young (FL) The drivers were included in docket number FMCSA-2012-0108. Their exemptions are applicable as of July 26, 2018, and will expire on July 26, 2020. As of July 27, 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 (75 FR 34206; 75 FR 44049; 81 FR 92949): Clinton R. Carlson II (RI) Brandon L. Cheek (NC) Richard A. Dufton, Jr. (NH) Kenneth Dunn (IN) Robert J. Dyxin (IL) Michael H. Hayden (NY) John T. Jones (OK) Blake A.S. Keeten (NE) Randall L. Koegel (NY) Worden T. Price (NC) Gary L. Sager (IL) Darrel D. Schroeder (KS) The drivers were included in docket number FMCSA-2010-0138. Their exemptions are applicable as of July 27, 2018, and will expire on July 27, 2020. As of July 29, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 74 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 42035; 81 FR 42044; 81 FR 59725; 81 FR 62793): Scott D. Allen (NE) Scott R. Bailey (MA) Michael J. Beaver (MN) Casey G. Bergman (MN) Gary R. Butts (NY) Christopher D. Chapman (IA) Robert J. Chapman (OH) Carey P. Cole (PA) Steven A. Crain (LA) Phillip Daquila III (IL) Paul J. Dematas (NY) Kirk A. Erickson (MN) Raymond E. Fisher, Jr. (PA) Richard M. Frostig (CT) Jason L. Garrett (TX) Faustino P. Garza (TX) Lawrence M. Gates (NY) Alva E. Gladney (LA) Robert D. Golding (NM) John J. Gonzalez (CT) Bruce E. Gusler (NH) James M. Haight (NC) Bradley T. Hall (AL) Travis L. Handy (DE) William C. Higgins (NC) David R. Hodge (MI) Paul D. Hollenbeck (UT) Jame Holman (PA) Kevin R. Holz (MN) Brian J. Hurley (IL) Willis A. Jergenson (IA) Steven C. Jordan, Jr. (MD) Kevin M. Krug (IN) Duane A. Leazott (MN) Robert A. Lewis (PA) Brian C. Link (NY) Bruce A. Mattison (WA) James K. Medeiros (RI) Richard E. Mellors (NY) Gregory S. Montierth (CA) Daniel M. Mulligan (NJ) John N. Mulready (MA) Colton J. Nefzger (ND) Jerry L. Niichel (IA) Donald S. Oakes (PA) Dorian T. Papazikos (AL) Ardell Parks (IL) Terry D. Paxton (PA) Carson A. Penny (CA) Lawrence C. Powers (MI) Reynier Prieto (FL) Charles V. Radford, Jr. (NC) David E. Roth (MN) Kenneth R. Schleppy (PA) John J. Shedlock (PA) Jonathan W. Simoneau (NH) Malcom D. Small (TX) Russell F. Smith (PA) Trenton W. Socha (TX) Edward D. Sprague (WI) Carla J. Stafford (TN) Kenneth R. Stephenson (TX) Jeffrey S. Toler (IN) Luis M. Torres (CT) Lyle D. Tunink (IA) Fasitupe Tupuola (CA) Louis D. Valente (MA) Robert L. Westergaard (NJ) James A. Wiggins (OK) Reed R. Wilken (IL) Mark A. Williams (IN) Robert A. Yerges (WI) Abraham K. Yohannan (NY) Kyle S. Yount (KY) The drivers were included in docket numbers FMCSA-2016-0041; FMCSA- 2016-0042. Their exemptions are applicable as of July 29, 2018, and will expire on July 29, 2020. IV. Conditions and Requirements The exemptions are extended subject to the following conditions: (1) Each driver must submit a quarterly monitoring checklist completed by the treating endocrinologist as well as an annual checklist with a comprehensive medical evaluation; (2) each driver must report within two business days of occurrence, all episodes of severe hypoglycemia, significant complications, or inability to manage diabetes; also, any involvement in an accident or any other adverse event in a CMV or personal vehicle, whether or not it is related to an episode of hypoglycemia; (3) each driver must submit an annual ophthalmologist's or optometrist's report; and (4) each driver must provide a copy of the annual medical certification to the employer for retention in the driver's qualification file, or keep a copy in his/her driver's qualification file if he/she is self-employed. The driver must also have a copy of the exemption when driving, for presentation to a duly authorized Federal, State, or local enforcement official. The exemption will be rescinded if: (1) The person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained before it was granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315. V. Preemption During the period the exemption is in effect, no State shall enforce any law or regulation that conflicts with this exemption with respect to a person operating under the exemption. VI. Conclusion Based upon its evaluation of the 264 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: June 11, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018-12985 Filed 6-15-18; 8:45 am] BILLING CODE 4910-EX-P
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20/40 (Snellen) in both eyes with or believe that the applicants’ intrastate authorized Federal, State, or local
without corrective lenses, field of vision driving experience and history provide enforcement official.
of at least 70° in the horizontal meridian an adequate basis for predicting their
VI. Preemption
in each eye, and the ability to recognize ability to drive safely in interstate
the colors of traffic signals and devices commerce. Intrastate driving, like During the period the exemption is in
showing red, green, and amber. interstate operations, involves effect, no State shall enforce any law or
substantial driving on highways on the regulation that conflicts with this
III. Discussion of Comments
interstate system and on other roads exemption with respect to a person
FMCSA received no comments in this built to interstate standards. Moreover, operating under the exemption.
proceeding. driving in congested urban areas
VII. Conclusion
IV. Basis for Exemption Determination exposes the driver to more pedestrian
and vehicular traffic than exists on Based upon its evaluation of the 14
Under 49 U.S.C. 31136(e) and 31315, interstate highways. Faster reaction to exemption applications, FMCSA
FMCSA may grant an exemption from traffic and traffic signals is generally exempts the following drivers from the
the vision standard in 49 CFR required because distances between vision requirement, 49 CFR
391.41(b)(10) if the exemption is likely them are more compact. These 391.41(b)(10), subject to the
to achieve an equivalent or greater level conditions tax visual capacity and requirements cited above:
of safety than would be achieved driver response just as intensely as Zachary A. Abbotts (CT)
without the exemption. The exemption interstate driving conditions. Joseph J. Amatulli (NY)
allows applicants to operate CMVs in The applicants in this notice have Clarton D. Avis (KY)
interstate commerce. driven CMVs with their limited vision
The Agency’s decision regarding these Jimmy L. Burgi (TX)
in careers ranging for 4 to 96 years. In Gordon C. Canfield (MI)
exemption applications is based on the past three years, no drivers were
medical reports about the applicants’ David M. Clark, Jr. (MD)
involved in crashes, and no drivers were Dorothy J. Crum (OH)
vision as well as their driving records convicted of moving violations in
and experience driving with the vision Tammy J. Duval (NH)
CMVs. All the applicants achieved a Brian K. LaJoie (MI)
deficiency. The qualifications, record of safety while driving with their
experience, and medical condition of James V. Latess, Jr. (PA)
vision impairment, demonstrating the Igor L. Litvak (MD)
each applicant were stated and likelihood that they have adapted their
discussed in detail in the April 27, John A. Thomas, Jr. (NC)
driving skills to accommodate their Jerry L. Womble (AR)
2018, Federal Register notice (83 FR condition. As the applicants’ ample
18644) and will not be repeated in this Kevin Young (NJ)
driving histories with their vision
notice. deficiencies are good predictors of In accordance with 49 U.S.C. 31136(e)
FMCSA recognizes that some drivers future performance, FMCSA concludes and 31315, each exemption will be valid
do not meet the vision requirement but their ability to drive safely can be for two years from the effective date
have adapted their driving to projected into the future. unless revoked earlier by FMCSA. The
accommodate their limitation and Consequently, FMCSA finds that in exemption will be revoked if the
demonstrated their ability to drive each case exempting these applicants following occurs: (1) The person fails to
safely. The 14 exemption applicants from the vision requirement in 49 CFR comply with the terms and conditions
listed in this notice are in this category. 391.41(b)(10) is likely to achieve a level of the exemption; (2) the exemption has
They are unable to meet the vision of safety equal to that existing without resulted in a lower level of safety than
requirement in one eye for various the exemption. was maintained prior to being granted;
reasons, including amblyopia, aphakia, or (3) continuation of the exemption
complete loss of vision, corneal scar, V. Conditions and Requirements would not be consistent with the goals
enucleation, keratoconus, macular scar, The terms and conditions of the and objectives of 49 U.S.C. 31136 and
optic atrophy, and prosthesis. In most exemption are provided to the 31315.
cases, their eye conditions were not applicants in the exemption document Issued on: June 11, 2018.
recently developed. Eleven of the and includes the following: (1) Each Larry W. Minor,
applicants were either born with their driver must be physically examined
Associate Administrator for Policy.
vision impairments or have had them every year (a) by an ophthalmologist or
[FR Doc. 2018–13003 Filed 6–15–18; 8:45 am]
since childhood. The three individuals optometrist who attests that the vision
in the better eye continues to meet the BILLING CODE 4910–EX–P
that sustained their vision conditions as
adults have had it for a range of 14 to standard in 49 CFR 391.41(b)(10) and (b)
30 years. Although each applicant has by a certified Medical Examiner who
DEPARTMENT OF TRANSPORTATION
one eye which does not meet the vision attests that the individual is otherwise
requirement in 49 CFR 391.41(b)(10), physically qualified under 49 CFR Federal Motor Carrier Safety
each has at least 20/40 corrected vision 391.41; (2) each driver must provide a Administration
in the other eye, and in a doctor’s copy of the ophthalmologist’s or
opinion, has sufficient vision to perform optometrist’s report to the Medical [Docket No. FMCSA–2010–0083; FMCSA–
all the tasks necessary to operate a CMV. Examiner at the time of the annual 2010–0115; FMCSA–2010–0138; FMCSA–
Doctors’ opinions are supported by medical examination; and (3) each 2012–0108; FMCSA–2012–0109; FMCSA–
the applicants’ possession of a valid driver must provide a copy of the 2014–0016; FMCSA–2014–0017; FMCSA–
amozie on DSK3GDR082PROD with NOTICES1
license to operate a CMV. By meeting annual medical certification to the 2016–0040; FMCSA–2016–0041; FMCSA–
State licensing requirements, the employer for retention in the driver’s 2016–0042]
applicants demonstrated their ability to qualification file, or keep a copy in his/ Qualification of Drivers; Exemption
operate a CMV, with their limited vision her driver’s qualification file if he/she is Applications; Diabetes
in intrastate commerce, even though self-employed. The driver must also
their vision disqualified them from have a copy of the exemption when AGENCY:Federal Motor Carrier Safety
driving in interstate commerce. We driving, for presentation to a duly Administration (FMCSA), DOT.
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As of July 26, 2018, and in accordance Phillip Daquila III (IL) IV. Conditions and Requirements
with 49 U.S.C. 31136(e) and 31315, the Paul J. Dematas (NY)
following 13 individuals have satisfied Kirk A. Erickson (MN) The exemptions are extended subject
the renewal conditions for obtaining an Raymond E. Fisher, Jr. (PA) to the following conditions: (1) Each
exemption from the rule prohibiting Richard M. Frostig (CT) driver must submit a quarterly
Jason L. Garrett (TX) monitoring checklist completed by the
drivers with ITDM from driving CMVs Faustino P. Garza (TX)
in interstate commerce (77 FR 33551; 77 treating endocrinologist as well as an
Lawrence M. Gates (NY)
FR 43901; 81 FR 92949): Alva E. Gladney (LA) annual checklist with a comprehensive
Larry J. Anderson (MN) Robert D. Golding (NM) medical evaluation; (2) each driver must
Wade D. Calvin (WA) John J. Gonzalez (CT) report within two business days of
Carl A. Candelaria (NM) Bruce E. Gusler (NH) occurrence, all episodes of severe
Owen R. Dossett (AL) James M. Haight (NC) hypoglycemia, significant
Jennifer A. Ferguson (SC) Bradley T. Hall (AL) complications, or inability to manage
Michael E. Fritz (NV) Travis L. Handy (DE) diabetes; also, any involvement in an
Lee A. Haerterich (WI) William C. Higgins (NC) accident or any other adverse event in
Eric W. Holland (CO) David R. Hodge (MI)
Paul D. Hollenbeck (UT) a CMV or personal vehicle, whether or
Richard P. Holmen (MN)
Jame Holman (PA) not it is related to an episode of
Paul A. Lacina (ND)
Bradley J. Moore (MO) Kevin R. Holz (MN) hypoglycemia; (3) each driver must
Ross W. Petermann (MN) Brian J. Hurley (IL) submit an annual ophthalmologist’s or
Curtis J. Young (FL) Willis A. Jergenson (IA) optometrist’s report; and (4) each driver
Steven C. Jordan, Jr. (MD) must provide a copy of the annual
The drivers were included in docket Kevin M. Krug (IN)
number FMCSA–2012–0108. Their medical certification to the employer for
Duane A. Leazott (MN)
exemptions are applicable as of July 26, Robert A. Lewis (PA) retention in the driver’s qualification
2018, and will expire on July 26, 2020. Brian C. Link (NY) file, or keep a copy in his/her driver’s
As of July 27, 2018, and in accordance Bruce A. Mattison (WA) qualification file if he/she is self-
with 49 U.S.C. 31136(e) and 31315, the James K. Medeiros (RI) employed. The driver must also have a
following 12 individuals have satisfied Richard E. Mellors (NY) copy of the exemption when driving, for
the renewal conditions for obtaining an Gregory S. Montierth (CA) presentation to a duly authorized
exemption from the rule prohibiting Daniel M. Mulligan (NJ) Federal, State, or local enforcement
drivers with ITDM from driving CMVs John N. Mulready (MA) official. The exemption will be
Colton J. Nefzger (ND)
in interstate commerce (75 FR 34206; 75 Jerry L. Niichel (IA) rescinded if: (1) The person fails to
FR 44049; 81 FR 92949): Donald S. Oakes (PA) comply with the terms and conditions
Clinton R. Carlson II (RI) Dorian T. Papazikos (AL) of the exemption; (2) the exemption has
Brandon L. Cheek (NC) Ardell Parks (IL) resulted in a lower level of safety than
Richard A. Dufton, Jr. (NH) Terry D. Paxton (PA) was maintained before it was granted; or
Kenneth Dunn (IN) Carson A. Penny (CA) (3) continuation of the exemption would
Robert J. Dyxin (IL) Lawrence C. Powers (MI) not be consistent with the goals and
Michael H. Hayden (NY) Reynier Prieto (FL) objectives of 49 U.S.C. 31136(e) and
John T. Jones (OK) Charles V. Radford, Jr. (NC)
Blake A.S. Keeten (NE) David E. Roth (MN) 31315.
Randall L. Koegel (NY) Kenneth R. Schleppy (PA) V. Preemption
Worden T. Price (NC) John J. Shedlock (PA)
Gary L. Sager (IL) Jonathan W. Simoneau (NH) During the period the exemption is in
Darrel D. Schroeder (KS) Malcom D. Small (TX) effect, no State shall enforce any law or
The drivers were included in docket Russell F. Smith (PA) regulation that conflicts with this
number FMCSA–2010–0138. Their Trenton W. Socha (TX) exemption with respect to a person
exemptions are applicable as of July 27, Edward D. Sprague (WI)
Carla J. Stafford (TN) operating under the exemption.
2018, and will expire on July 27, 2020.
As of July 29, 2018, and in accordance Kenneth R. Stephenson (TX) VI. Conclusion
Jeffrey S. Toler (IN)
with 49 U.S.C. 31136(e) and 31315, the Luis M. Torres (CT) Based upon its evaluation of the 264
following 74 individuals have satisfied Lyle D. Tunink (IA) exemption applications, FMCSA renews
the renewal conditions for obtaining an Fasitupe Tupuola (CA) the exemptions of the aforementioned
exemption from the rule prohibiting Louis D. Valente (MA) drivers from the rule prohibiting drivers
drivers with ITDM from driving CMVs Robert L. Westergaard (NJ)
James A. Wiggins (OK) with ITDM from driving CMVs in
in interstate commerce (81 FR 42035; 81
Reed R. Wilken (IL) interstate commerce. In accordance with
FR 42044; 81 FR 59725; 81 FR 62793):
Mark A. Williams (IN) 49 U.S.C. 31136(e) and 31315, each
Scott D. Allen (NE) exemption will be valid for two years
Scott R. Bailey (MA) Robert A. Yerges (WI)
Michael J. Beaver (MN) Abraham K. Yohannan (NY) unless revoked earlier by FMCSA.
Kyle S. Yount (KY)
Casey G. Bergman (MN) Issued on: June 11, 2018.
Gary R. Butts (NY) The drivers were included in docket
Larry W. Minor,
Christopher D. Chapman (IA) numbers FMCSA–2016–0041; FMCSA–
2016–0042. Their exemptions are Associate Administrator for Policy.
Robert J. Chapman (OH)
amozie on DSK3GDR082PROD with NOTICES1
Carey P. Cole (PA) applicable as of July 29, 2018, and will [FR Doc. 2018–12985 Filed 6–15–18; 8:45 am]
Steven A. Crain (LA) expire on July 29, 2020. BILLING CODE 4910–EX–P
VerDate Sep<11>2014 18:00 Jun 15, 2018 Jkt 244001 PO 00000 Frm 00165 Fmt 4703 Sfmt 4703 E:\FR\FM\18JNN1.SGM 18JNN1](https://thefederalregister.org/doc/83_FR_28460/page/4.svg)
Document Created: 2018-06-18 15:50:48
Document Modified: 2018-06-18 15:50:48
| 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 July 18, 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 28343 |
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