83_FR_34815 83 FR 34675 - Qualification of Drivers; Exemption Applications; Diabetes

83 FR 34675 - Qualification of Drivers; Exemption Applications; Diabetes

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 140 (July 20, 2018)

Page Range34675-34677
FR Document2018-15565

FMCSA announces its decision to renew exemptions for 133 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 140 (Friday, July 20, 2018)
[Federal Register Volume 83, Number 140 (Friday, July 20, 2018)]
[Notices]
[Pages 34675-34677]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-15565]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2008-0071; FMCSA-2012-0044; FMCSA-2012-0107; FMCSA-
2014-0015; FMCSA-2014-0016; FMCSA-2016-0037; FMCSA-2016-0039]


Qualification of Drivers; Exemption Applications; Diabetes

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

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA announces its decision to renew exemptions for 133 
individuals from its prohibition in the Federal Motor Carrier Safety 
Regulations (FMCSRs) against persons with insulin-treated diabetes 
mellitus (ITDM) from operating commercial motor vehicles (CMVs) in 
interstate commerce. The exemptions enable these individuals with ITDM 
to continue to operate CMVs in interstate commerce.

DATES: Each group of renewed exemptions were applicable on the dates 
stated in the discussions below and will expire on the dates stated in 
the discussions below.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, 202-366-4001, fmcsamedical@dot.gov, FMCSA, 
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224, 
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5:30 
p.m., e.t., Monday through Friday, except Federal holidays. If you have 
questions regarding viewing or submitting material to the docket, 
contact Docket Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Electronic Access

    You may see all the comments online through the Federal Document 
Management System (FDMS) at: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov and/or Room W12-140 on the 
ground level of the West Building, 1200 New Jersey Avenue SE, 
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, 
except Federal holidays.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to http://www.regulations.gov, as described in 
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed 
at http://www.dot.gov/privacy.

II. Background

    On May 29, 2018, FMCSA published a notice announcing its decision 
to renew exemptions for 133 individuals from the insulin-treated 
diabetes mellitus prohibition in 49 CFR 391.41(b)(3) to operate a CMV 
in interstate commerce and requested comments from the public (83 FR 
24581). The public comment period ended on June 28, 2018, and no 
comments were received.
    As stated in the previous notice, FMCSA has evaluated the 
eligibility of these applicants and determined that renewing these 
exemptions would achieve a level of safety equivalent to or greater 
than the level that would be achieved by complying with the current 
regulation 49 CFR 391.41(b)(3).
    The physical qualification standard for drivers regarding diabetes 
found in 49 CFR 391.41(b)(3) states that a person is physically 
qualified to drive a CMV if that person has no established medical 
history or clinical diagnosis of diabetes mellitus currently requiring 
insulin for control.

III. Discussion of Comments

    FMCSA received no comments in this preceding.

IV. Conclusion

    Based upon its evaluation of the 133 renewal exemption applications 
and comments received, FMCSA confirms its decision to exempt the 
following drivers from the rule prohibiting drivers with ITDM from 
driving CMVs in interstate commerce in 49 CFR 391.64(3):
    In accordance with 49 U.S.C. 31136(e) and 31315, the following 
groups of drivers received renewed exemptions in the month of June and 
are discussed below:
    As of June 1, 2018, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 33 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 25486; 81 FR 
66733):

Christopher R. Barwick (NC)
Jeffrey C. Bergen (MA)
Christopher J. Burgess (ID)
Edward D. Burman (MA)
Lynn J. Clark (UT)
Kenneth W. Day (TN)
Horace Dickinson (GA)
James R. Fifield (MI)
Scott A. Figert (OH)
Larry D. Funk (KS)
Steven S. Gray (CT)
Donald F. Greel, Jr. (MA)
John A. Jung (OH)
Jerry H. Kahn (MN)
Sean T. Lewis (NJ)
Edwin Lozada (FL)
Kevin S. Martin (MN)
Allysa B. Meirowitch (NY)
Brian L. Murray (WA)
Thomas V. Noyes (MA)
Benny M. Perez (PA)
Gregory S. Pethtel (OH)
Thomas J. Price (WY)
Theodore D. Reagle (PA)

[[Page 34676]]

Eric A. Richie (AZ)
Keith E. Shumake (CO)
William G. Simpson (CO)
Stirling H.C. Sowerby (PA)
John J. Steele (AL)
Ryan M. Stumbaugh (PA)
David J. Walker (IA)
Shawn D. Weigel (KS)
William H. Yocom (MO)

    The drivers were included in docket number FMCSA-2016-0037. Their 
exemptions are applicable as of June 1, 2018, and will expire on June 
1, 2020.
    As of June 3, 2018, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following eight individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (73 FR 16946; 73 FR 
31734; 81 FR 96176):

Edward F. Connole (MA)
Gary D. Coonfield (MO)
Shannon D. Hanson (SD)
Aundra Menefield (MS)
James T. Rothwell (TN)
Dalton T. Smith, Jr. (IL)
Marvin D. Webster (KY)
Travis S. Wolfe (WV)

    The drivers were included in docket number FMCSA-2008-0071. Their 
exemptions are applicable as of June 3, 2018, and will expire on June 
3, 2020.
    As of June 5, 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 20876; 77 FR 
33264; 81 FR 96176):

Steven W. Beaty (SD)
David D. Brown (MI)
Evan P. Hansen (WI)
John M. Kennedy, Jr. (NC)
Jeremy A. Ludolph (KS)
Gerald N. Martinson (ND)
Glenn D. Taylor (NY)
Thomas R. Toews (OR)
James E. Waller, III (GA)

    The drivers were included in docket number FMCSA-2012-0044. Their 
exemptions are applicable as of June 5, 2018, and will expire on June 
5, 2020.
    As of June 9, 2018, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 40 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 28121; 81 FR 
59728):

Matthew P. Ambrose (OH)
Steven E. Beining (OH)
Steven Belback (PA)
Roger D. Bragg (WV)
John Ciesmelewski (NJ)
Ernest W. Collett (TX)
Daniel C. Crider (MN)
Charla J. Donahy (TX)
Richard D. Florio, Jr. (NY)
Tyler J. Francis (KS)
Calvin L. Frew (ID)
Juda Friedman (NY)
Dean Gage (NY)
William Gallagher (PA)
Harvey E. Gordon (MA)
James W. Gorman, Jr. (MD)
Christopher L. Greene (WY)
Gregor C. Guisewhite (PA)
Dennis T. Harding (MN)
Brandon R. Hart (TX)
Stephen E. Hochmiller (CO)
Jack V. Holloway (IL)
Richard L. Hubbard (MN)
Stephen A. Kinney (MI)
Russell L. Koehn (IL)
Timothy C. LaRue (FL)
Joseph M. Lopes (NH)
William B. Onimus (PA)
Victor M. Orta (TX)
William D. Powell (IL)
Lee A. Pulda (WI)
William K. Sawyer II (NM)
Jeffrey J. Schnacker (NE)
Jeffrey D. Smith (MD)
Anthony G. Stellatos (NJ)
Trent A. Stuber (IL)
LaDon L. Wallin (MN)
Richard D. Webb (NY)
Grady L. Wilson, Jr. (FL)
Karl S. Yauneridge (MD)

    The drivers were included in docket number FMCSA-2016-0039. Their 
exemptions are applicable as of June 9, 2018, and will expire on June 
9, 2020.
    As of June 20, 2018, and in accordance with 49 U.S.C. 31136(e) and 
31315, Gary R. Harper, (IN) has 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 
96176).
    The driver was included in docket number FMCSA-2014-0016. The 
exemption is applicable as of June 20, 2018, and will expire on June 
20, 2020.
    As of June 24, 2018, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 35 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 22573; 79 FR 
35855; 81 FR 96176):

Joshua T. Adams (OH)
Dennis W. Athey II (KS)
John M. Behan, Jr. (MD)
Kirk B. Berridge (KS)
Francis P. Bourgeois (LA)
Randall T. Buffkin (NC)
Heladio Castillo (WA)
Purvis J. Chesson (VA)
Jeff T. Enbody (WA)
Larry S. Gibson, II (NC)
James M. Halapchuk (PA)
Jeffery A. Hall (ME)
Henry W. Hartman (NY)
Marlin R. Hein (IA)
Vincenzo Ingrassellino (NY)
Davis Jansen van Beek (MT)
Baek J. Kim (MD)
Shawn N. Kimble (PA)
Darrel G. Klauer (WI)
Stephen D. Lewis (NY)
Alvin McClain (OR)
Kenneth D. Mehmen (IA)
Kyle B. Mitchell (CA)
Michael A. Murrell (KY)
Ryan R. Ong (CA)
Gregory Paradiso (OH)
Brian K. Patenaude (MA)
William A. Schimpf (CA)
Frank J. Sciulli (PA)
Bryan J. Smith (ND)
Edward L. Stauffer (PA)
Kyle G. Streit (TX)
Joseph D. Stutzman (PA)
Raymond J. Vaillancourt (OH)
Robert L. Weiland (PA)

    The drivers were included in docket number FMCSA-2014-0015. Their 
exemptions are applicable as of June 24, 2018, and will expire on June 
24, 2020.
    As of June 26, 2018, and in accordance with 49 U.S.C. 31136(e) and 
31315, Tommy R. Riley, (IL) has 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 
96176).
    The driver was included in docket number FMCSA-2014-0016. The 
exemption is applicable as of June 26, 2018, and will expire on June 
26, 2020.
    As of June 27, 2018, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following six 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 27842; 77 FR 
38383; 81 FR 96176):

Matthew R. Bagwell (NY)
Eric J. Bright (IL)
Kyle D. Dale (MO)
Donald L. Philpott (WA)
John Randolph (OK)
Courtney R. Schiebout (IA)

    The drivers were included in docket number FMCSA-2012-0107. Their 
exemptions are applicable as of June 27, 2018, and will expire on June 
27, 2020.
    In accordance with 49 U.S.C. 31315, each exemption will be valid 
for two years from the effective date unless

[[Page 34677]]

revoked earlier by FMCSA. The exemption will be revoked if the 
following occurs: (1) The person fails to comply with the terms and 
conditions of the exemption; (2) the exemption has resulted in a lower 
level of safety than was maintained prior to being granted; or (3) 
continuation of the exemption would not be consistent with the goals 
and objectives of 49 U.S.C. 31136 and 31315.

    Issued on: July 12, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-15565 Filed 7-19-18; 8:45 am]
 BILLING CODE 4910-EX-P



                                                                                Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices                                           34675

                                               request. Those decision letters fully                    SUMMARY:   FMCSA announces its                        ended on June 28, 2018, and no
                                               outlined the basis for the denial and                    decision to renew exemptions for 133                  comments were received.
                                               constitutes final action by the Agency.                  individuals from its prohibition in the                  As stated in the previous notice,
                                               This notice summarizes the Agency’s                      Federal Motor Carrier Safety                          FMCSA has evaluated the eligibility of
                                               recent denials as required under 49                      Regulations (FMCSRs) against persons                  these applicants and determined that
                                               U.S.C. 31315(b)(4) by periodically                       with insulin-treated diabetes mellitus                renewing these exemptions would
                                               publishing names and reasons for                         (ITDM) from operating commercial                      achieve a level of safety equivalent to or
                                               denial.                                                  motor vehicles (CMVs) in interstate                   greater than the level that would be
                                                 The following six applicants have had                  commerce. The exemptions enable these                 achieved by complying with the current
                                               more than one hypoglycemic episode                       individuals with ITDM to continue to                  regulation 49 CFR 391.41(b)(3).
                                               requiring hospitalization or the                         operate CMVs in interstate commerce.                     The physical qualification standard
                                               assistance of others, or has had one such                DATES: Each group of renewed
                                                                                                                                                              for drivers regarding diabetes found in
                                               episode but has not had one year of                      exemptions were applicable on the                     49 CFR 391.41(b)(3) states that a person
                                               stability following the episode:                         dates stated in the discussions below                 is physically qualified to drive a CMV
                                               Anthony D. Anderson (MN)                                 and will expire on the dates stated in                if that person has no established
                                               Austin T. Brooks (MO)                                    the discussions below.                                medical history or clinical diagnosis of
                                               Joshua G. Christensen (NC)                                                                                     diabetes mellitus currently requiring
                                                                                                        FOR FURTHER INFORMATION CONTACT: Ms.                  insulin for control.
                                               Alan C. Hageman (IA)
                                                                                                        Christine A. Hydock, Chief, Medical
                                               James Kopec (PA)                                                                                               III. Discussion of Comments
                                                                                                        Programs Division, 202–366–4001,
                                               Samuel A. Rosseau (MA)
                                                                                                        fmcsamedical@dot.gov, FMCSA,                            FMCSA received no comments in this
                                                 The following five applicants had                      Department of Transportation, 1200                    preceding.
                                               other medical conditions making the                      New Jersey Avenue SE, Room W64–224,
                                               applicant otherwise unqualified under                    Washington, DC 20590–0001. Office                     IV. Conclusion
                                               the Federal Motor Carrier Safety                         hours are from 8:30 a.m. to 5:30 p.m.,                   Based upon its evaluation of the 133
                                               Regulations:                                             e.t., Monday through Friday, except                   renewal exemption applications and
                                               Eugene C. Arnett (WI)                                    Federal holidays. If you have questions               comments received, FMCSA confirms
                                               Donald L. Conklin (IN)                                   regarding viewing or submitting                       its decision to exempt the following
                                               Steven C. Kasten (IL)                                    material to the docket, contact Docket                drivers from the rule prohibiting drivers
                                               Daniel R. Leon (CO)                                      Services, telephone (202) 366–9826.                   with ITDM from driving CMVs in
                                               Lee H. Watkins (OH)                                                                                            interstate commerce in 49 CFR
                                                                                                        SUPPLEMENTARY INFORMATION:
                                                 The following applicant, Anthony L.                                                                          391.64(3):
                                               Golden (DE), did not have                                I. Electronic Access                                     In accordance with 49 U.S.C. 31136(e)
                                               endocrinologists willing to make                            You may see all the comments online                and 31315, the following groups of
                                               statements that he is able to operate                    through the Federal Document                          drivers received renewed exemptions in
                                               CMVs from a diabetes standpoint.                         Management System (FDMS) at: http://                  the month of June and are discussed
                                                 The following applicant, Marty G.                      www.regulations.gov.                                  below:
                                               Niles (MT), had other miscellaneous                                                                               As of June 1, 2018, and in accordance
                                                                                                           Docket: For access to the docket to
                                               reasons making the applicant otherwise                                                                         with 49 U.S.C. 31136(e) and 31315, the
                                                                                                        read background documents or
                                               unqualified under the Federal Motor                                                                            following 33 individuals have satisfied
                                                                                                        comments, go to http://
                                               Carrier Safety Regulations.                                                                                    the renewal conditions for obtaining an
                                                                                                        www.regulations.gov and/or Room
                                                 The following applicant, Robert J.                                                                           exemption from the rule prohibiting
                                                                                                        W12–140 on the ground level of the
                                               Louis (LA), has peripheral neuropathy                                                                          drivers with ITDM from driving CMVs
                                                                                                        West Building, 1200 New Jersey Avenue
                                               or circulatory insufficiency of the                                                                            in interstate commerce (81 FR 25486; 81
                                                                                                        SE, Washington, DC, between 9 a.m. and
                                               extremities likely to interfere with the                                                                       FR 66733):
                                                                                                        5 p.m., e.t., Monday through Friday,
                                               ability to operate a CMV.                                                                                      Christopher R. Barwick (NC)
                                                                                                        except Federal holidays.
                                                 Issued on: July 13, 2018.                                 Privacy Act: In accordance with 5                  Jeffrey C. Bergen (MA)
                                               Larry W. Minor,                                                                                                Christopher J. Burgess (ID)
                                                                                                        U.S.C. 553(c), DOT solicits comments
                                                                                                                                                              Edward D. Burman (MA)
                                               Associate Administrator for Policy.                      from the public to better inform its
                                                                                                                                                              Lynn J. Clark (UT)
                                               [FR Doc. 2018–15564 Filed 7–19–18; 8:45 am]              rulemaking process. DOT posts these                   Kenneth W. Day (TN)
                                               BILLING CODE 4910–EX–P                                   comments, without edit, including any                 Horace Dickinson (GA)
                                                                                                        personal information the commenter                    James R. Fifield (MI)
                                                                                                        provides, to http://www.regulations.gov,              Scott A. Figert (OH)
                                               DEPARTMENT OF TRANSPORTATION                             as described in the system of records                 Larry D. Funk (KS)
                                                                                                        notice (DOT/ALL–14 FDMS), which can                   Steven S. Gray (CT)
                                               Federal Motor Carrier Safety                             be reviewed at http://www.dot.gov/                    Donald F. Greel, Jr. (MA)
                                               Administration                                           privacy.                                              John A. Jung (OH)
                                               [Docket No. FMCSA–2008–0071; FMCSA–                      II. Background                                        Jerry H. Kahn (MN)
                                               2012–0044; FMCSA–2012–0107; FMCSA–                                                                             Sean T. Lewis (NJ)
                                               2014–0015; FMCSA–2014–0016; FMCSA–                          On May 29, 2018, FMCSA published                   Edwin Lozada (FL)
                                               2016–0037; FMCSA–2016–0039]                              a notice announcing its decision to                   Kevin S. Martin (MN)
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                        renew exemptions for 133 individuals                  Allysa B. Meirowitch (NY)
                                               Qualification of Drivers; Exemption                      from the insulin-treated diabetes                     Brian L. Murray (WA)
                                               Applications; Diabetes                                   mellitus prohibition in 49 CFR                        Thomas V. Noyes (MA)
                                               AGENCY: Federal Motor Carrier Safety                     391.41(b)(3) to operate a CMV in                      Benny M. Perez (PA)
                                               Administration (FMCSA), DOT.                             interstate commerce and requested                     Gregory S. Pethtel (OH)
                                                                                                        comments from the public (83 FR                       Thomas J. Price (WY)
                                               ACTION: Notice of final disposition.
                                                                                                        24581). The public comment period                     Theodore D. Reagle (PA)


                                          VerDate Sep<11>2014   18:06 Jul 19, 2018   Jkt 244001   PO 00000   Frm 00140   Fmt 4703   Sfmt 4703   E:\FR\FM\20JYN1.SGM   20JYN1


                                               34676                            Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices

                                               Eric A. Richie (AZ)                                      Roger D. Bragg (WV)                                   Heladio Castillo (WA)
                                               Keith E. Shumake (CO)                                    John Ciesmelewski (NJ)                                Purvis J. Chesson (VA)
                                               William G. Simpson (CO)                                  Ernest W. Collett (TX)                                Jeff T. Enbody (WA)
                                               Stirling H.C. Sowerby (PA)                               Daniel C. Crider (MN)                                 Larry S. Gibson, II (NC)
                                               John J. Steele (AL)                                      Charla J. Donahy (TX)                                 James M. Halapchuk (PA)
                                               Ryan M. Stumbaugh (PA)                                   Richard D. Florio, Jr. (NY)                           Jeffery A. Hall (ME)
                                               David J. Walker (IA)                                     Tyler J. Francis (KS)                                 Henry W. Hartman (NY)
                                               Shawn D. Weigel (KS)                                     Calvin L. Frew (ID)                                   Marlin R. Hein (IA)
                                               William H. Yocom (MO)                                    Juda Friedman (NY)                                    Vincenzo Ingrassellino (NY)
                                                 The drivers were included in docket                    Dean Gage (NY)                                        Davis Jansen van Beek (MT)
                                               number FMCSA–2016–0037. Their                            William Gallagher (PA)                                Baek J. Kim (MD)
                                               exemptions are applicable as of June 1,                  Harvey E. Gordon (MA)                                 Shawn N. Kimble (PA)
                                               2018, and will expire on June 1, 2020.                   James W. Gorman, Jr. (MD)                             Darrel G. Klauer (WI)
                                                 As of June 3, 2018, and in accordance                  Christopher L. Greene (WY)                            Stephen D. Lewis (NY)
                                               with 49 U.S.C. 31136(e) and 31315, the                   Gregor C. Guisewhite (PA)                             Alvin McClain (OR)
                                               following eight individuals have                         Dennis T. Harding (MN)                                Kenneth D. Mehmen (IA)
                                               satisfied the renewal conditions for                     Brandon R. Hart (TX)                                  Kyle B. Mitchell (CA)
                                               obtaining an exemption from the rule                     Stephen E. Hochmiller (CO)                            Michael A. Murrell (KY)
                                               prohibiting drivers with ITDM from                       Jack V. Holloway (IL)                                 Ryan R. Ong (CA)
                                               driving CMVs in interstate commerce                      Richard L. Hubbard (MN)                               Gregory Paradiso (OH)
                                               (73 FR 16946; 73 FR 31734; 81 FR                         Stephen A. Kinney (MI)                                Brian K. Patenaude (MA)
                                               96176):                                                  Russell L. Koehn (IL)                                 William A. Schimpf (CA)
                                                                                                        Timothy C. LaRue (FL)                                 Frank J. Sciulli (PA)
                                               Edward F. Connole (MA)                                   Joseph M. Lopes (NH)                                  Bryan J. Smith (ND)
                                               Gary D. Coonfield (MO)                                   William B. Onimus (PA)                                Edward L. Stauffer (PA)
                                               Shannon D. Hanson (SD)                                   Victor M. Orta (TX)                                   Kyle G. Streit (TX)
                                               Aundra Menefield (MS)                                    William D. Powell (IL)                                Joseph D. Stutzman (PA)
                                               James T. Rothwell (TN)                                   Lee A. Pulda (WI)                                     Raymond J. Vaillancourt (OH)
                                               Dalton T. Smith, Jr. (IL)                                William K. Sawyer II (NM)                             Robert L. Weiland (PA)
                                               Marvin D. Webster (KY)                                   Jeffrey J. Schnacker (NE)                                The drivers were included in docket
                                               Travis S. Wolfe (WV)                                     Jeffrey D. Smith (MD)                                 number FMCSA–2014–0015. Their
                                                 The drivers were included in docket                    Anthony G. Stellatos (NJ)                             exemptions are applicable as of June 24,
                                               number FMCSA–2008–0071. Their                            Trent A. Stuber (IL)                                  2018, and will expire on June 24, 2020.
                                               exemptions are applicable as of June 3,                  LaDon L. Wallin (MN)                                     As of June 26, 2018, and in
                                               2018, and will expire on June 3, 2020.                   Richard D. Webb (NY)                                  accordance with 49 U.S.C. 31136(e) and
                                                 As of June 5, 2018, and in accordance                  Grady L. Wilson, Jr. (FL)                             31315, Tommy R. Riley, (IL) has
                                               with 49 U.S.C. 31136(e) and 31315, the                   Karl S. Yauneridge (MD)                               satisfied the renewal conditions for
                                               following nine individuals have                             The drivers were included in docket                obtaining an exemption from the rule
                                               satisfied the renewal conditions for                     number FMCSA–2016–0039. Their                         prohibiting drivers with ITDM from
                                               obtaining an exemption from the rule                     exemptions are applicable as of June 9,               driving CMVs in interstate commerce
                                               prohibiting drivers with ITDM from                       2018, and will expire on June 9, 2020.                (79 FR 29484; 79 FR 42628; 81 FR
                                               driving CMVs in interstate commerce                         As of June 20, 2018, and in                        96176).
                                               (77 FR 20876; 77 FR 33264; 81 FR                         accordance with 49 U.S.C. 31136(e) and                   The driver was included in docket
                                               96176):                                                  31315, Gary R. Harper, (IN) has satisfied             number FMCSA–2014–0016. The
                                               Steven W. Beaty (SD)                                     the renewal conditions for obtaining an               exemption is applicable as of June 26,
                                               David D. Brown (MI)                                      exemption from the rule prohibiting                   2018, and will expire on June 26, 2020.
                                               Evan P. Hansen (WI)                                      drivers with ITDM from driving CMVs                      As of June 27, 2018, and in
                                               John M. Kennedy, Jr. (NC)                                in interstate commerce (79 FR 29484; 79               accordance with 49 U.S.C. 31136(e) and
                                               Jeremy A. Ludolph (KS)                                   FR 42628; 81 FR 96176).                               31315, the following six individuals
                                               Gerald N. Martinson (ND)                                    The driver was included in docket                  have satisfied the renewal conditions for
                                               Glenn D. Taylor (NY)                                     number FMCSA–2014–0016. The                           obtaining an exemption from the rule
                                               Thomas R. Toews (OR)                                     exemption is applicable as of June 20,                prohibiting drivers with ITDM from
                                               James E. Waller, III (GA)                                2018, and will expire on June 20, 2020.               driving CMVs in interstate commerce
                                                 The drivers were included in docket                       As of June 24, 2018, and in                        (77 FR 27842; 77 FR 38383; 81 FR
                                               number FMCSA–2012–0044. Their                            accordance with 49 U.S.C. 31136(e) and                96176):
                                               exemptions are applicable as of June 5,                  31315, the following 35 individuals                   Matthew R. Bagwell (NY)
                                               2018, and will expire on June 5, 2020.                   have satisfied the renewal conditions for             Eric J. Bright (IL)
                                                 As of June 9, 2018, and in accordance                  obtaining an exemption from the rule                  Kyle D. Dale (MO)
                                               with 49 U.S.C. 31136(e) and 31315, the                   prohibiting drivers with ITDM from                    Donald L. Philpott (WA)
                                               following 40 individuals have satisfied                  driving CMVs in interstate commerce                   John Randolph (OK)
                                               the renewal conditions for obtaining an                  (79 FR 22573; 79 FR 35855; 81 FR                      Courtney R. Schiebout (IA)
daltland on DSKBBV9HB2PROD with NOTICES




                                               exemption from the rule prohibiting                      96176):                                                  The drivers were included in docket
                                               drivers with ITDM from driving CMVs                      Joshua T. Adams (OH)                                  number FMCSA–2012–0107. Their
                                               in interstate commerce (81 FR 28121; 81                  Dennis W. Athey II (KS)                               exemptions are applicable as of June 27,
                                               FR 59728):                                               John M. Behan, Jr. (MD)                               2018, and will expire on June 27, 2020.
                                               Matthew P. Ambrose (OH)                                  Kirk B. Berridge (KS)                                    In accordance with 49 U.S.C. 31315,
                                               Steven E. Beining (OH)                                   Francis P. Bourgeois (LA)                             each exemption will be valid for two
                                               Steven Belback (PA)                                      Randall T. Buffkin (NC)                               years from the effective date unless


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                                                                                Federal Register / Vol. 83, No. 140 / Friday, July 20, 2018 / Notices                                            34677

                                               revoked earlier by FMCSA. The                            comments, go to http://                               allows applicants to operate CMVs in
                                               exemption will be revoked if the                         www.regulations.gov and/or Room                       interstate commerce.
                                               following occurs: (1) The person fails to                W12–140 on the ground level of the                       The Agency’s decision regarding these
                                               comply with the terms and conditions                     West Building, 1200 New Jersey Avenue                 exemption applications is based on
                                               of the exemption; (2) the exemption has                  SE, Washington, DC, between 9 a.m. and                medical reports about the applicants’
                                               resulted in a lower level of safety than                 5 p.m., e.t., Monday through Friday,                  vision as well as their driving records
                                               was maintained prior to being granted;                   except Federal holidays.                              and experience driving with the vision
                                               or (3) continuation of the exemption                        Privacy Act: In accordance with 5                  deficiency. The qualifications,
                                               would not be consistent with the goals                   U.S.C. 553(c), DOT solicits comments                  experience, and medical condition of
                                               and objectives of 49 U.S.C. 31136 and                    from the public to better inform its                  each applicant were stated and
                                               31315.                                                   rulemaking process. DOT posts these                   discussed in detail in the May 29, 2018,
                                                                                                        comments, without edit, including any                 Federal Register notice (83 FR 24585)
                                                 Issued on: July 12, 2018.
                                                                                                        personal information the commenter                    and will not be repeated in this notice.
                                               Larry W. Minor,                                                                                                   FMCSA recognizes that some drivers
                                                                                                        provides, to http://www.regulations.gov,
                                               Associate Administrator for Policy.                                                                            do not meet the vision requirement but
                                                                                                        as described in the system of records
                                               [FR Doc. 2018–15565 Filed 7–19–18; 8:45 am]              notice (DOT/ALL–14 FDMS), which can                   have adapted their driving to
                                               BILLING CODE 4910–EX–P                                   be reviewed at http://www.dot.gov/                    accommodate their limitation and
                                                                                                        privacy.                                              demonstrated their ability to drive
                                                                                                                                                              safely. The 12 exemption applicants
                                               DEPARTMENT OF TRANSPORTATION                             II. Background                                        listed in this notice are in this category.
                                                                                                           On May 29, 2018, FMCSA published                   They are unable to meet the vision
                                               Federal Motor Carrier Safety                             a notice announcing receipt of                        requirement in one eye for various
                                               Administration                                           applications from 12 individuals                      reasons, including amblyopia, central
                                               [Docket No. FMCSA–2018–0011]                             requesting an exemption from vision                   retinal vein occlusion, iris coloboma,
                                                                                                        requirement in 49 CFR 391.41(b)(10)                   optic atrophy, and prosthesis. In most
                                               Qualification of Drivers; Exemption                      and requested comments from the                       cases, their eye conditions were not
                                               Applications; Vision                                     public (83 FR 24585). The public                      recently developed. Eight of the
                                                                                                        comment period ended on June 28,                      applicants were either born with their
                                               AGENCY: Federal Motor Carrier Safety
                                                                                                        2018, and one comment was received.                   vision impairments or have had them
                                               Administration (FMCSA), DOT.                                                                                   since childhood. The four individuals
                                                                                                           FMCSA has evaluated the eligibility
                                               ACTION: Notice of final disposition.                                                                           that sustained their vision conditions as
                                                                                                        of these applicants and determined that
                                               SUMMARY:   FMCSA announces its                           granting the exemptions to these                      adults have had it for a range of 5 to 16
                                               decision to exempt 12 individuals from                   individuals would achieve a level of                  years. Although each applicant has one
                                               the vision requirement in the Federal                    safety equivalent to or greater than the              eye which does not meet the vision
                                               Motor Carrier Safety Regulations                         level that would be achieved by                       requirement in 49 CFR 391.41(b)(10),
                                               (FMCSRs) to operate a commercial                         complying with the current regulation                 each has at least 20/40 corrected vision
                                                                                                        49 CFR 391.41(b)(10).                                 in the other eye, and in a doctor’s
                                               motor vehicle (CMV) in interstate
                                                                                                           The physical qualification standard                opinion, has sufficient vision to perform
                                               commerce. They are unable to meet the
                                                                                                        for drivers regarding vision found in 49              all the tasks necessary to operate a CMV.
                                               vision requirement in one eye for                                                                                 Doctors’ opinions are supported by
                                               various reasons. The exemptions enable                   CFR 391.41(b)(10) states that a person is
                                                                                                        physically qualified to drive a CMV if                the applicants’ possession of a valid
                                               these individuals to operate CMVs in                                                                           license to operate a CMV. By meeting
                                               interstate commerce without meeting                      that person has distant visual acuity of
                                                                                                        at least 20/40 (Snellen) in each eye                  State licensing requirements, the
                                               the vision requirement in one eye.                                                                             applicants demonstrated their ability to
                                                                                                        without corrective lenses or visual
                                               DATES: The exemptions were applicable                                                                          operate a CMV, with their limited vision
                                                                                                        acuity separately corrected to 20/40
                                               on June 29, 2018. The exemptions                                                                               in intrastate commerce, even though
                                                                                                        (Snellen) or better with corrective
                                               expire on June 29, 2020.                                                                                       their vision disqualified them from
                                                                                                        lenses, distant binocular acuity of a least
                                               FOR FURTHER INFORMATION CONTACT: Ms.                     20/40 (Snellen) in both eyes with or                  driving in interstate commerce. We
                                               Christine A. Hydock, Chief, Medical                      without corrective lenses, field of vision            believe that the applicants’ intrastate
                                               Programs Division, (202) 366–4001,                       of at least 70° in the horizontal meridian            driving experience and history provide
                                               fmcsamedical@dot.gov, FMCSA,                             in each eye, and the ability to recognize             an adequate basis for predicting their
                                               Department of Transportation, 1200                       the colors of traffic signals and devices             ability to drive safely in interstate
                                               New Jersey Avenue SE, Room W64–224,                      showing red, green, and amber.                        commerce. Intrastate driving, like
                                               Washington, DC 20590–0001. Office                                                                              interstate operations, involves
                                               hours are from 8:30 a.m. to 5 p.m., e.t.,                III. Discussion of Comments                           substantial driving on highways on the
                                               Monday through Friday, except Federal                       FMCSA received one comment in this                 interstate system and on other roads
                                               holidays. If you have questions                          proceeding. Vicky Johnson stated that                 built to interstate standards. Moreover,
                                               regarding viewing or submitting                          Minnesota Public Safety has no                        driving in congested urban areas
                                               material to the docket, contact Docket                   objections to granting a vision                       exposes the driver to more pedestrian
                                               Services, telephone (202) 366–9826.                      exemption to Thomas R. Krentz.                        and vehicular traffic than exists on
                                               SUPPLEMENTARY INFORMATION:                                                                                     interstate highways. Faster reaction to
                                                                                                        IV. Basis for Exemption Determination                 traffic and traffic signals is generally
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                                               I. Electronic Access                                       Under 49 U.S.C. 31136(e) and 31315,                 required because distances between
                                                  You may see all the comments online                   FMCSA may grant an exemption from                     them are more compact. These
                                               through the Federal Document                             the vision standard in 49 CFR                         conditions tax visual capacity and
                                               Management System (FDMS) at http://                      391.41(b)(10) if the exemption is likely              driver response just as intensely as
                                               www.regulations.gov.                                     to achieve an equivalent or greater level             interstate driving conditions.
                                                  Docket: For access to the docket to                   of safety than would be achieved                         The applicants in this notice have
                                               read background documents or                             without the exemption. The exemption                  driven CMVs with their limited vision


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Document Created: 2018-07-20 01:18:26
Document Modified: 2018-07-20 01:18:26
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 final disposition.
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.
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 34675 

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