83_FR_33432 83 FR 33295 - Qualification of Drivers; Exemption Applications; Diabetes

83 FR 33295 - Qualification of Drivers; Exemption Applications; Diabetes

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 137 (July 17, 2018)

Page Range33295-33297
FR Document2018-15263

FMCSA announces its decision to renew exemptions for 94 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 137 (Tuesday, July 17, 2018)
[Federal Register Volume 83, Number 137 (Tuesday, July 17, 2018)]
[Notices]
[Pages 33295-33297]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-15263]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-24210; FMCSA-2010-0162; FMCSA-2012-0162; FMCSA-
2012-0163; FMCSA-2014-0018]


Qualification of Drivers; Exemption Applications; Diabetes

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

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

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

SUMMARY: FMCSA announces its decision to renew exemptions for 94 
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 August 
16, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2006-24210; FMCSA-2010-0162; 
FMCSA-2012-0162; FMCSA-2012-0163; FMCSA-2014-0018 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 94 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 94 applicants has satisfied the renewal conditions for obtaining an 
exemption from the diabetes requirement (71 FR 32177; 71 FR 45097; 75 
FR 36775; 75 FR 50797; 77 FR 36333; 77 FR 40941; 77 FR 46791; 77 FR 
51845; 79 FR 41723; 79 FR 56105; 81 FR 91242). 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 August 
and are discussed below:
    As of August 6, 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

[[Page 33296]]

driving CMVs in interstate commerce (77 FR 36333; 77 FR 46791; 81 FR 
91242):

Bruce R. Bennett (MN)
Stephen W. Best (PA)
Steven D. Hancock (IN)
Michael A. Hendrickson (OR)
James B. Hills (KS)
Charles Keegan, Jr. (NJ)
Londell W. Luther (MD)
Darrell L. Meadows (TX)
Allyn E. Smith (SD)
Jason R. Zeorian (NE)

    The drivers were included in docket number FMCSA-2012-0162. Their 
exemptions are applicable as of August 6, 2018, and will expire on 
August 6, 2020.
    As of August 8, 2018, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 23 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (71 FR 32177; 71 FR 
45097; 81 FR 91242):

Scott R. Anderson (WI)
Robert R. Chase (NE)
Todd A. Dean (WV)
Dale R. Gansz (IL)
Donald W. Havourd, Sr. (CT)
Jeffrey M. King (OR)
Jeffrey S. Knight (WA)
Edward V. Kruse (IA)
Lee P. Lembke (WI)
Dominick T. Mastroni (KS)
Derril W. Nunnally (GA)
Robert L. Pflugler, Jr. (PA)
Ronald B. Purdum (IL)
Wilbert C. Rasely, Jr. (PA)
Ron R. Rawson (AZ)
Duane C. Rieger (ND)
Gregory A. Rigg (MI)
Vernon L. Small (CO)
Walter D. Stowman (NJ)
Henry B. Walker-Waltz (OR)
Arthur C. Webber (PA)
Scott A. Wertz (ND)
Danny R. Wood (MO)

    The drivers were included in docket number FMCSA-2006-24210. Their 
exemptions are applicable as of August 8, 2018, and will expire on 
August 8, 2020.
    As of August 17, 2018, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 7 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 36775; 75 FR 
50797; 81 FR 91242):

Gary L. Alexander (MO)
Daniel E. Bergstresser (NY)
Stephen F. Clendenin (NY)
Pradip B. Desai (PA)
Howard M. Galton (IL)
Steve Gumienny (CA)
Hubert S. Paxton (KY)

    The drivers were included in docket number FMCSA-2010-0162. Their 
exemptions are applicable as of August 17, 2018, and will expire on 
August 17, 2020.
    As of August 19, 2018, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 45 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 41723; 79 FR 
56105; 81 FR 91242):

Charles Ackerman Jr. (NJ)
William J. Applebee (WI)
Benjamin L. Baxter (MI)
Stephen M. Berggren (MN)
Patrick J. Burns (MN)
Robert L. Caudill (OH)
Charles L. Cran (WI)
Kevin W. Elder (NC)
Michael J. Eldridge, Sr. (IA)
Kevin D. Erickson (WI)
Dale A. Godejohn (ND)
Robert R. Gonzales (CA)
Norman D. Groves (MO)
Kenneth F. Gwaltney (IN)
Mathew R. Hale (KS)
Donald K. Hamilton (FL)
John L. Holtzclaw (MO)
Christopher H. Horn (NH)
Kip J. Kauffman (WI)
Christopher J. Kittoe (WI)
Joshua L. Kroetch (MN)
Salvador Lopez (AZ)
Joseph M. Macias (NM)
Robert J. Marino (NJ)
David J. McCoy (UT)
William E. Medlin (MN)
Carlos A. Napoles, Jr. (NJ)
Kathryn J. Nelms (KS)
Antonio C. Oliveira (PA)
Christopher P. Overton (IL)
Stephen J. Pelton (PA)
Bryant S. Perry (NC)
Kenneth R. Perschon (IL)
Joseph R. Polhamus (LA)
Rodney B. Roberts (MS)
Mark J. Rone (IL)
John J. Steigauf (MN)
William L. Thompson (MN)
Robert D. Watts (TX)
Cindy L. Wells (NY)
Charles W. White (IN)
Michael G. Worl (MT)
Tommy W. Wornick (TX)
Robert T. Yeftich (IN)
Chad C. Yerkey (PA)

    The drivers were included in docket number FMCSA-2014-0018. Their 
exemptions are applicable as of August 19, 2018, and will expire on 
August 19, 2020.
    As of August 27, 2018, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following nine 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 40941; 77 FR 
51845; 81 FR 91242):

Randall W. Amtower (WV)
Steven Brickey (CO)
Randall L. Corrick (ND)
Raymond G. Gravesandy (NY)
Gregory M. Harris (TX)
Kelly M. Keller (ND)
Joseph L. Miska (MN)
Jacob D. Oxford (ID)
Ramon I. Zamora-Ortiz (WA)

    The drivers were included in docket number FMCSA-2012-0163. Their 
exemptions are applicable as of August 27, 2018, and will expire on 
August 27, 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.

[[Page 33297]]

VI. Conclusion

    Based upon its evaluation of the 94 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: July 12, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-15263 Filed 7-16-18; 8:45 am]
 BILLING CODE 4910-EX-P



                                                                               Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Notices                                          33295

                                               Next, click ‘‘Open Docket Folder’’ and                   docket number(s) for this notice. Note                if that person has no established
                                               you will find all documents and                          that all comments received will be                    medical history or clinical diagnosis of
                                               comments related to this notice.                         posted without change to http://                      diabetes mellitus currently requiring
                                                 Issued on: July 12, 2018.                              www.regulations.gov, including any                    insulin for control.
                                                                                                        personal information provided. Please                    The 94 individuals listed in this
                                               Larry W. Minor,
                                                                                                        see the Privacy Act heading below for                 notice have requested renewal of their
                                               Associate Administrator for Policy.
                                                                                                        further information.                                  exemptions from the diabetes standard
                                               [FR Doc. 2018–15261 Filed 7–16–18; 8:45 am]                                                                    in 49 CFR 391.41(b)(3), in accordance
                                                                                                           Docket: For access to the docket to
                                               BILLING CODE 4910–EX–P                                                                                         with FMCSA procedures. Accordingly,
                                                                                                        read background documents or
                                                                                                        comments, go to http://                               FMCSA has evaluated these
                                                                                                        www.regulations.gov at any time or                    applications for renewal on their merits
                                               DEPARTMENT OF TRANSPORTATION                                                                                   and decided to extend each exemption
                                                                                                        Room W12–140 on the ground level of
                                               Federal Motor Carrier Safety                             the West Building, 1200 New Jersey                    for a renewable two-year period.
                                               Administration                                           Avenue SE, Washington, DC, between 9                  II. Request for Comments
                                                                                                        a.m. and 5 p.m., e.t., Monday through
                                               [Docket No. FMCSA–2006–24210; FMCSA–                     Friday, except Federal holidays. The                     Interested parties or organizations
                                               2010–0162; FMCSA–2012–0162; FMCSA–                                                                             possessing information that would
                                               2012–0163; FMCSA–2014–0018]
                                                                                                        FDMS is available 24 hours each day
                                                                                                        e.t., 365 days each year. If you want                 otherwise show that any, or all, of these
                                                                                                        acknowledgment that we received your                  drivers are not currently achieving the
                                               Qualification of Drivers; Exemption                                                                            statutory level of safety should
                                               Applications; Diabetes                                   comments, please include a self-
                                                                                                        addressed, stamped envelope or                        immediately notify FMCSA. The
                                               AGENCY: Federal Motor Carrier Safety                     postcard or print the acknowledgement                 Agency will evaluate any adverse
                                               Administration (FMCSA), DOT.                             page that appears after submitting                    evidence submitted and, if safety is
                                               ACTION: Notice of renewal of                             comments online.                                      being compromised or if continuation of
                                               exemptions; request for comments.                           Privacy Act: In accordance with 5                  the exemption would not be consistent
                                                                                                        U.S.C. 553(c), DOT solicits comments                  with the goals and objectives of 49
                                               SUMMARY:    FMCSA announces its                                                                                U.S.C. 31136(e) and 31315, FMCSA will
                                                                                                        from the public to better inform its
                                               decision to renew exemptions for 94                                                                            take immediate steps to revoke the
                                                                                                        rulemaking process. DOT posts these
                                               individuals from its prohibition in the                                                                        exemption of a driver.
                                                                                                        comments, without edit, including any
                                               Federal Motor Carrier Safety
                                                                                                        personal information the commenter                    III. Basis for Renewing Exemptions
                                               Regulations (FMCSRs) against persons
                                                                                                        provides, to http://www.regulations.gov,
                                               with insulin-treated diabetes mellitus                                                                            Under 49 U.S.C. 31315(b)(1), an
                                               (ITDM) from operating commercial                         as described in the system of records
                                                                                                                                                              exemption may be granted for no longer
                                               motor vehicles (CMVs) in interstate                      notice (DOT/ALL–14 FDMS), which can
                                                                                                                                                              than two years from its approval date
                                               commerce. The exemptions enable these                    be reviewed at http://www.dot.gov/
                                                                                                                                                              and may be renewed upon application.
                                               individuals with ITDM to continue to                     privacy.
                                                                                                                                                              In accordance with 49 U.S.C. 31136(e)
                                               operate CMVs in interstate commerce.                     FOR FURTHER INFORMATION CONTACT:    Ms.               and 31315, each of the 94 applicants has
                                               DATES: Each group of renewed                             Christine A. Hydock, Chief, Medical                   satisfied the renewal conditions for
                                               exemptions were applicable on the                        Programs Division, 202–366–4001,                      obtaining an exemption from the
                                               dates stated in the discussions below                    fmcsamedical@dot.gov, FMCSA,                          diabetes requirement (71 FR 32177; 71
                                               and will expire on the dates stated in                   Department of Transportation, 1200                    FR 45097; 75 FR 36775; 75 FR 50797;
                                               the discussions below. Comments must                     New Jersey Avenue SE, Room W64–224,                   77 FR 36333; 77 FR 40941; 77 FR 46791;
                                               be received on or before August 16,                      Washington, DC 20590–0001. Office                     77 FR 51845; 79 FR 41723; 79 FR 56105;
                                               2018.                                                    hours are from 8:30 a.m. to 5:30 p.m.,                81 FR 91242). They have maintained
                                               ADDRESSES: You may submit comments
                                                                                                        e.t., Monday through Friday, except                   their required medical monitoring and
                                               bearing the Federal Docket Management                    Federal holidays. If you have questions               have not exhibited any medical issues
                                               System (FDMS) Docket No. FMCSA–                          regarding viewing or submitting                       that would compromise their ability to
                                               2006–24210; FMCSA–2010–0162;                             material to the docket, contact Docket                safely operate a CMV during the
                                               FMCSA–2012–0162; FMCSA–2012–                             Services, telephone (202) 366–9826.                   previous two-year exemption period.
                                               0163; FMCSA–2014–0018 using any of                       SUPPLEMENTARY INFORMATION:                            These factors provide an adequate basis
                                               the following methods:                                                                                         for predicting each driver’s ability to
                                                                                                        I. Background
                                                  • Federal eRulemaking Portal: Go to                                                                         continue to drive safely in interstate
                                               http://www.regulations.gov. Follow the                      Under 49 U.S.C. 31136(e) and 31315,                commerce. Therefore, FMCSA
                                               online instructions for submitting                       FMCSA may grant an exemption for five                 concludes that extending the exemption
                                               comments.                                                years if it finds ‘‘such exemption would              for each of these drivers for a period of
                                                  • Mail: Docket Management Facility;                   likely achieve a level of safety that is              two years is likely to achieve a level of
                                               U.S. Department of Transportation, 1200                  equivalent to or greater than the level               safety equal to that existing without the
                                               New Jersey Avenue SE, West Building                      that would be achieved absent such                    exemption.
                                               Ground Floor, Room W12–140,                              exemption.’’ The statute also allows the                 In accordance with 49 U.S.C. 31136(e)
                                               Washington, DC 20590–0001.                               Agency to renew exemptions at the end                 and 31315, the following groups of
                                                  • Hand Delivery: West Building                        of the five-year period. FMCSA grants                 drivers received renewed exemptions in
                                               Ground Floor, Room W12–140, 1200                         exemptions from the FMCSRs for a two-                 the month of August and are discussed
daltland on DSKBBV9HB2PROD with NOTICES




                                               New Jersey Avenue SE, Washington,                        year period to align with the maximum                 below:
                                               DC, between 9 a.m. and 5 p.m., e.t.,                     duration of a driver’s medical                           As of August 6, 2018, and in
                                               Monday through Friday, except Federal                    certification.                                        accordance with 49 U.S.C. 31136(e) and
                                               Holidays.                                                   The physical qualification standard                31315, the following ten individuals
                                                  • Fax: 1–202–493–2251.                                for drivers regarding diabetes found in               have satisfied the renewal conditions for
                                                  Instructions: Each submission must                    49 CFR 391.41(b)(3) states that a person              obtaining an exemption from the rule
                                               include the Agency name and the                          is physically qualified to drive a CMV                prohibiting drivers with ITDM from


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                                               33296                           Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Notices

                                               driving CMVs in interstate commerce                      Howard M. Galton (IL)                                 31315, the following nine individuals
                                               (77 FR 36333; 77 FR 46791; 81 FR                         Steve Gumienny (CA)                                   have satisfied the renewal conditions for
                                               91242):                                                  Hubert S. Paxton (KY)                                 obtaining an exemption from the rule
                                               Bruce R. Bennett (MN)                                      The drivers were included in docket                 prohibiting drivers with ITDM from
                                               Stephen W. Best (PA)                                     number FMCSA–2010–0162. Their                         driving CMVs in interstate commerce
                                               Steven D. Hancock (IN)                                   exemptions are applicable as of August                (77 FR 40941; 77 FR 51845; 81 FR
                                               Michael A. Hendrickson (OR)                              17, 2018, and will expire on August 17,               91242):
                                               James B. Hills (KS)                                      2020.                                                 Randall W. Amtower (WV)
                                               Charles Keegan, Jr. (NJ)                                   As of August 19, 2018, and in                       Steven Brickey (CO)
                                               Londell W. Luther (MD)                                   accordance with 49 U.S.C. 31136(e) and                Randall L. Corrick (ND)
                                               Darrell L. Meadows (TX)                                  31315, the following 45 individuals
                                                                                                                                                              Raymond G. Gravesandy (NY)
                                               Allyn E. Smith (SD)                                      have satisfied the renewal conditions for
                                               Jason R. Zeorian (NE)                                    obtaining an exemption from the rule                  Gregory M. Harris (TX)
                                                                                                        prohibiting drivers with ITDM from                    Kelly M. Keller (ND)
                                                  The drivers were included in docket
                                               number FMCSA–2012–0162. Their                            driving CMVs in interstate commerce                   Joseph L. Miska (MN)
                                               exemptions are applicable as of August                   (79 FR 41723; 79 FR 56105; 81 FR                      Jacob D. Oxford (ID)
                                               6, 2018, and will expire on August 6,                    91242):                                               Ramon I. Zamora-Ortiz (WA)
                                               2020.                                                    Charles Ackerman Jr. (NJ)                               The drivers were included in docket
                                                  As of August 8, 2018, and in                          William J. Applebee (WI)                              number FMCSA–2012–0163. Their
                                               accordance with 49 U.S.C. 31136(e) and                   Benjamin L. Baxter (MI)                               exemptions are applicable as of August
                                               31315, the following 23 individuals                      Stephen M. Berggren (MN)                              27, 2018, and will expire on August 27,
                                               have satisfied the renewal conditions for                Patrick J. Burns (MN)                                 2020.
                                               obtaining an exemption from the rule                     Robert L. Caudill (OH)
                                               prohibiting drivers with ITDM from                       Charles L. Cran (WI)                                  IV. Conditions and Requirements:
                                               driving CMVs in interstate commerce                      Kevin W. Elder (NC)                                      The exemptions are extended subject
                                               (71 FR 32177; 71 FR 45097; 81 FR                         Michael J. Eldridge, Sr. (IA)                         to the following conditions: (1) Each
                                               91242):                                                  Kevin D. Erickson (WI)                                driver must submit a quarterly
                                               Scott R. Anderson (WI)                                   Dale A. Godejohn (ND)                                 monitoring checklist completed by the
                                               Robert R. Chase (NE)                                     Robert R. Gonzales (CA)                               treating endocrinologist as well as an
                                               Todd A. Dean (WV)                                        Norman D. Groves (MO)                                 annual checklist with a comprehensive
                                               Dale R. Gansz (IL)                                       Kenneth F. Gwaltney (IN)                              medical evaluation; (2) each driver must
                                               Donald W. Havourd, Sr. (CT)                              Mathew R. Hale (KS)                                   report within two business days of
                                               Jeffrey M. King (OR)                                     Donald K. Hamilton (FL)                               occurrence, all episodes of severe
                                               Jeffrey S. Knight (WA)                                   John L. Holtzclaw (MO)
                                                                                                                                                              hypoglycemia, significant
                                                                                                        Christopher H. Horn (NH)
                                               Edward V. Kruse (IA)                                                                                           complications, or inability to manage
                                                                                                        Kip J. Kauffman (WI)
                                               Lee P. Lembke (WI)                                                                                             diabetes; also, any involvement in an
                                                                                                        Christopher J. Kittoe (WI)
                                               Dominick T. Mastroni (KS)                                                                                      accident or any other adverse event in
                                                                                                        Joshua L. Kroetch (MN)
                                               Derril W. Nunnally (GA)                                                                                        a CMV or personal vehicle, whether or
                                                                                                        Salvador Lopez (AZ)
                                               Robert L. Pflugler, Jr. (PA)                                                                                   not it is related to an episode of
                                                                                                        Joseph M. Macias (NM)
                                               Ronald B. Purdum (IL)                                                                                          hypoglycemia; (3) each driver must
                                                                                                        Robert J. Marino (NJ)
                                               Wilbert C. Rasely, Jr. (PA)                                                                                    submit an annual ophthalmologist’s or
                                                                                                        David J. McCoy (UT)
                                               Ron R. Rawson (AZ)                                       William E. Medlin (MN)                                optometrist’s report; and (4) each driver
                                               Duane C. Rieger (ND)                                     Carlos A. Napoles, Jr. (NJ)                           must provide a copy of the annual
                                               Gregory A. Rigg (MI)                                     Kathryn J. Nelms (KS)                                 medical certification to the employer for
                                               Vernon L. Small (CO)                                     Antonio C. Oliveira (PA)                              retention in the driver’s qualification
                                               Walter D. Stowman (NJ)                                   Christopher P. Overton (IL)                           file, or keep a copy in his/her driver’s
                                               Henry B. Walker-Waltz (OR)                               Stephen J. Pelton (PA)                                qualification file if he/she is self-
                                               Arthur C. Webber (PA)                                    Bryant S. Perry (NC)                                  employed. The driver must also have a
                                               Scott A. Wertz (ND)                                      Kenneth R. Perschon (IL)                              copy of the exemption when driving, for
                                               Danny R. Wood (MO)                                       Joseph R. Polhamus (LA)                               presentation to a duly authorized
                                                  The drivers were included in docket                   Rodney B. Roberts (MS)                                Federal, State, or local enforcement
                                               number FMCSA–2006–24210. Their                           Mark J. Rone (IL)                                     official. The exemption will be
                                               exemptions are applicable as of August                   John J. Steigauf (MN)                                 rescinded if: (1) The person fails to
                                               8, 2018, and will expire on August 8,                    William L. Thompson (MN)                              comply with the terms and conditions
                                               2020.                                                    Robert D. Watts (TX)                                  of the exemption; (2) the exemption has
                                                  As of August 17, 2018, and in                         Cindy L. Wells (NY)                                   resulted in a lower level of safety than
                                               accordance with 49 U.S.C. 31136(e) and                   Charles W. White (IN)                                 was maintained before it was granted; or
                                               31315, the following 7 individuals have                  Michael G. Worl (MT)                                  (3) continuation of the exemption would
                                               satisfied the renewal conditions for                     Tommy W. Wornick (TX)                                 not be consistent with the goals and
                                               obtaining an exemption from the rule                     Robert T. Yeftich (IN)                                objectives of 49 U.S.C. 31136(e) and
                                               prohibiting drivers with ITDM from                       Chad C. Yerkey (PA)                                   31315.
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                                               driving CMVs in interstate commerce                        The drivers were included in docket
                                               (75 FR 36775; 75 FR 50797; 81 FR                                                                               V. Preemption
                                                                                                        number FMCSA–2014–0018. Their
                                               91242):                                                  exemptions are applicable as of August                   During the period the exemption is in
                                               Gary L. Alexander (MO)                                   19, 2018, and will expire on August 19,               effect, no State shall enforce any law or
                                               Daniel E. Bergstresser (NY)                              2020.                                                 regulation that conflicts with this
                                               Stephen F. Clendenin (NY)                                  As of August 27, 2018, and in                       exemption with respect to a person
                                               Pradip B. Desai (PA)                                     accordance with 49 U.S.C. 31136(e) and                operating under the exemption.


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                                                                               Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Notices                                          33297

                                               VI. Conclusion                                           that all comments received will be                    will evaluate the qualifications of each
                                                 Based upon its evaluation of the 94                    posted without change to http://                      applicant to determine whether granting
                                               exemption applications, FMCSA renews                     www.regulations.gov, including any                    the exemption will achieve the required
                                               the exemptions of the aforementioned                     personal information provided. Please                 level of safety mandated by statute.
                                               drivers from the rule prohibiting drivers                see the Privacy Act heading below for                    The physical qualification standard
                                                                                                        further information.                                  for drivers regarding diabetes found in
                                               with ITDM from driving CMVs in
                                                                                                           Docket: For access to the docket to                49 CFR 391.41(b)(3) states that a person
                                               interstate commerce. In accordance with
                                                                                                        read background documents or                          is physically qualified to drive a CMV
                                               49 U.S.C. 31136(e) and 31315, each
                                                                                                        comments, go to http://                               if that person has no established
                                               exemption will be valid for two years
                                                                                                        www.regulations.gov at any time or                    medical history or clinical diagnosis of
                                               unless revoked earlier by FMCSA.
                                                                                                        Room W12–140 on the ground level of                   diabetes mellitus currently requiring
                                                 Issued on: July 12, 2018.                              the West Building, 1200 New Jersey                    insulin for control. The Agency
                                               Larry W. Minor,                                          Avenue, SE, Washington, DC, between 9                 established the current requirement for
                                               Associate Administrator for Policy.                      a.m. and 5 p.m., e.t., Monday through                 diabetes in 1970 because several risk
                                               [FR Doc. 2018–15263 Filed 7–16–18; 8:45 am]              Friday, except Federal holidays. The                  studies indicated that drivers with
                                               BILLING CODE 4910–EX–P                                   FDMS is available 24 hours each day                   diabetes had a higher rate of crash
                                                                                                        e.t., 365 days each year. If you want                 involvement than the general
                                                                                                        acknowledgment that we received your                  population.
                                               DEPARTMENT OF TRANSPORTATION                             comments, please include a self-                         FMCSA established its diabetes
                                                                                                        addressed, stamped envelope or                        exemption program, based on the
                                               Federal Motor Carrier Safety                             postcard or print the acknowledgement                 Agency’s July 2000 study entitled ‘‘A
                                               Administration                                           page that appears after submitting                    Report to Congress on the Feasibility of
                                                                                                        comments online.                                      a Program to Qualify Individuals with
                                               [Docket No. FMCSA–2018–0032]
                                                                                                           Privacy Act: In accordance with 5                  Insulin-Treated Diabetes Mellitus to
                                               Qualification of Drivers; Exemption                      U.S.C. 553(c), DOT solicits comments                  Operate in Interstate Commerce as
                                               Applications; Diabetes Mellitus                          from the public to better inform its                  Directed by the Transportation Act for
                                                                                                        rulemaking process. DOT posts these                   the 21st Century.’’ The report concluded
                                               AGENCY: Federal Motor Carrier Safety                                                                           that a safe and practicable protocol to
                                                                                                        comments, without edit, including any
                                               Administration (FMCSA), DOT.                                                                                   allow some drivers with ITDM to
                                                                                                        personal information the commenter
                                               ACTION: Notice of applications for                       provides, to http://www.regulations.gov,              operate CMVs is feasible. The
                                               exemption; request for comments.                         as described in the system of records                 September 3, 2003 (68 FR 52441),
                                                                                                        notice (DOT/ALL–14 FDMS), which can                   Federal Register notice in conjunction
                                               SUMMARY:    FMCSA announces receipt of                                                                         with the November 8, 2005 (70 FR
                                               applications from 54 individuals for an                  be reviewed at http://www.dot.gov/
                                                                                                        privacy.                                              67777), Federal Register notice provides
                                               exemption from the prohibition in the                                                                          the current protocol for allowing such
                                               Federal Motor Carrier Safety                             FOR FURTHER INFORMATION CONTACT:     Ms.              drivers to operate CMVs in interstate
                                               Regulations (FMCSRs) against persons                     Christine A. Hydock, Chief, Medical                   commerce.
                                               with insulin-treated diabetes mellitus                   Programs Division, (202) 366–4001,                       FMCSA notes that section 4129 of the
                                               (ITDM) operating a commercial motor                      fmcsamedical@dot.gov, FMCSA,                          Safe, Accountable, Flexible and
                                               vehicle (CMV) in interstate commerce. If                 Department of Transportation, 1200                    Efficient Transportation Equity Act: A
                                               granted, the exemptions would enable                     New Jersey Avenue SE, Room W64–224,                   Legacy for Users requires the Secretary
                                               these individuals with ITDM to operate                   Washington, DC 20590–0001. Office                     to revise its diabetes exemption program
                                               CMVs in interstate commerce.                             hours are 8:30 a.m. to 5 p.m., e.t.,                  established on September 3, 2003 (68 FR
                                               DATES: Comments must be received on                      Monday through Friday, except Federal                 52441). The revision must provide for
                                               or before August 16, 2018.                               holidays. If you have questions                       individual assessment of drivers with
                                               ADDRESSES: You may submit comments                       regarding viewing or submitting                       diabetes mellitus, and be consistent
                                               bearing the Federal Docket Management                    material to the docket, contact Docket                with the criteria described in section
                                               System (FDMS) Docket No. FMCSA–                          Services, telephone (202) 366–9826.                   4018 of the Transportation Equity Act
                                               2018–0032 using any of the following                     SUPPLEMENTARY INFORMATION:                            for the 21st Century (49 U.S.C. 31305).
                                               methods:                                                                                                       Section 4129 requires: (1) Elimination of
                                                                                                        I. Background
                                                  • Federal eRulemaking Portal: Go to                                                                         the requirement for three years of
                                               http://www.regulations.gov. Follow the                      Under 49 U.S.C. 31136(e) and 31315,                experience operating CMVs while being
                                               online instructions for submitting                       FMCSA may grant an exemption from                     treated with insulin; and (2)
                                               comments.                                                the FMCSRs for a five-year period if it               establishment of a specified minimum
                                                  • Mail: Docket Management Facility;                   finds ‘‘such exemption would likely                   period of insulin use to demonstrate
                                               U.S. Department of Transportation, 1200                  achieve a level of safety that is                     stable control of diabetes before being
                                               New Jersey Avenue SE, West Building                      equivalent to or greater than the level               allowed to operate a CMV.
                                               Ground Floor, Room W12–140,                              that would be achieved absent such                       In response to section 4129, FMCSA
                                               Washington, DC 20590–0001.                               exemption.’’ The statute also allows the              made immediate revisions to the
                                                  • Hand Delivery: West Building                        Agency to renew exemptions at the end                 diabetes exemption program established
                                               Ground Floor, Room W12–140, 1200                         of the five-year period. FMCSA grants                 by the September 3, 2003 notice.
                                               New Jersey Avenue SE, Washington,                        exemptions from the FMCSRs for a two-                 FMCSA discontinued use of the three-
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                                               DC, between 9 a.m. and 5 p.m., e.t.,                     year period to align with the maximum                 year driving experience and fulfilled the
                                               Monday through Friday, except Federal                    duration of a driver’s medical                        requirements of section 4129 while
                                               Holidays.                                                certification.                                        continuing to ensure that operation of
                                                  • Fax: 1–202–493–2251.                                   The 54 individuals listed in this                  CMVs by drivers with ITDM will
                                                  Instructions: Each submission must                    notice have requested an exemption                    achieve the requisite level of safety
                                               include the Agency name and the                          from the diabetes prohibition in 49 CFR               required of all exemptions granted
                                               docket number(s) for this notice. Note                   391.41(b)(3). Accordingly, the Agency                 under 49 U.S.C. 31136 (e). Section


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Document Created: 2018-07-17 01:39:36
Document Modified: 2018-07-17 01:39:36
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of renewal of exemptions; request for comments.
DatesEach 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 August 16, 2018.
ContactMs. 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 Citation83 FR 33295 

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