83_FR_45901 83 FR 45726 - Qualification of Drivers; Exemption Applications; Diabetes

83 FR 45726 - Qualification of Drivers; Exemption Applications; Diabetes

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 175 (September 10, 2018)

Page Range45726-45728
FR Document2018-19632

FMCSA announces its decision to renew exemptions for 134 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 175 (Monday, September 10, 2018)
[Federal Register Volume 83, Number 175 (Monday, September 10, 2018)]
[Notices]
[Pages 45726-45728]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-19632]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0247; FMCSA-2012-0128; FMCSA-2012-0217; FMCSA-
2012-0219; FMCSA-2014-0021; FMCSA-2016-0220]


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 134 
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 October 
10, 2018.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2010-0247; FMCSA-2012-0128; 
FMCSA-2012-0217; FMCSA-2012-0219; FMCSA-2014-0021; FMCSA-2016-0220 
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

[[Page 45727]]

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 134 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 134 applicants has satisfied the renewal conditions for obtaining 
an exemption from the diabetes requirement (75 FR 52813; 75 FR 64394; 
77 FR 48587; 77 FR 52384; 77 FR 56258; 77 FR 61655; 77 FR 64585; 77 FR 
65929; 79 FR 56107; 79 FR 73946; 81 FR 64257; 81 FR 79554; 81 FR 
80164). 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 October 
and are discussed below:
    As of October 8, 2018, and in accordance with 49 U.S.C. 31136(e) 
and 31315, Gary B. Bland (GA) has satisfied the renewal conditions for 
obtaining an exemption from the rule prohibiting drivers with ITDM from 
driving CMVs in interstate commerce (75 FR 52813; 75 FR 64394; 81 FR 
80164).
    This driver was included in docket number FMCSA-2010-0247. The 
exemption is effective as of October 8, 2018, and will expire on 
October 8, 2020.
    As of October 10, 2018, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following seven 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 48587; 77 FR 
61655; 81 FR 80164):

Dominick Bravata (IL)
Barry J. Drews (MI)
Mason L. Hall (SD)
Chad E. Hasler (MT)
Norman A. Latondresse (RI)
Robert C. Lister, Jr. (OH)
Robert E. Smith (GA)

    The drivers were included in docket number FMCSA-2012-0217. Their 
exemptions are applicable as of October 10, 2018, and will expire on 
October 10, 2020.
    As of October 19, 2018, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 11 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (75 FR 52813; 75 FR 
64394; 81 FR 80164):

Juan E. Boyd (NC)
Bradley R. Burns (OH)
Leo G. Dinero (GA)
Terry W. Ferguson (GA)
Thomas G. Flanagan (IN)
Donald K. Fraase (ND)
Jason W. Geier (MT)
Scott R. Grange (CA)
Bradley D. Heagel (IA)
Ronald D. Olson (WI)
Daniel E. Velasco (MD)

    The drivers were included in docket number FMCSA-2010-0247. Their 
exemptions are applicable as of October 19, 2018, and will expire on 
October 19, 2020.
    As of October 20, 2018, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 41 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 64257; 81 FR 
79554):

Ardell M. Banta, Sr. (IA)
Ronald I. Barker (MI)
John M. Bracken (PA)
Thomas E. Brennan (PA)
Matthew W. Brown (OK)
Norman Brown (ME)
Robert S. Downie, Jr. (PA)
Frank A. Eagen (WI)
Joseph F. Figueroa (WI)
Nolan Graves (MI)
Darryl W. Grimes (TN)
Henry L. Hardin (GA)
John L. Hargis (MO)
Howard C. Hayes (OK)
Karen A. Holzwarth (PA)
Michael R. Jacklin (WI)
Hershell D. Jones (KY)
William H. Kline (OH)
Mitchell A. Langford (OR)
Michael J. Lipovsky (CT)
Edward J. Manley (PA)
Joshua L. Mattas (PA)
Raymond E. McGuire (PA)
Ismael Mejia (WA)
Shane M. Olden (PA)
Wade B. Patrick (NY)
Shawn B. Persinger (WY)
Timothy J. Peterson (NE)
Stewart R. Rowell (TX)
William T. Shreeve (TN)
David L. Smith (TX)
James A. Stock (WI)
Marlon Taylor (OH)
Eddie B. Thacker (KY)
Earnest A. Tillman (FL)
William C. Tomlinson (GA)
Brennan S. Watkins (VT)
Julius Williams (MS)

[[Page 45728]]

Kevin A. Wilson (WV)
Jeffrey S. Wine (IA)
P.W. Woodard (NY)

    The drivers were included in docket number FMCSA-2016-0220. Their 
exemptions are applicable as of October 20, 2018, and will expire on 
October 20, 2020.
    As of October 21, 2018, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 58 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 56107; 79 FR 
73946; 81 FR 80164):

Michael L. Agnitsch (NE)
Earl W. Avery (TN)
Michael A. Baker (CT)
Todd D. Bloomfield (WA)
Charles K. Bond (PA)
Christopher R. Cook (NY)
Wygila M. Corliss (NM)
Timothy J. Cornish (OH)
Evan R. Dieken (MN)
Richard A. Durr (IL)
George B. Ferris, Jr. (NY)
John B. Flood (MO)
David S. Fortune (VA)
John Galione (NJ)
Peter E. Ganss (KS)
Michael Hawkins (SC)
Rodney J. Hendricks (ID)
Timothy U. Herring (NC)
Richard L. Hines (NC)
David M. Hughes (UT)
Jammie L. Hughes (OH)
Andy L. Hughes (IL)
Rodney L. Johnson (OR)
Paul D. Kimmel (IA)
Scott M. Klain (OR)
Gregory L. Kuharski (MN)
Robert B. Langston, III (MS)
Mark W. Lavorini (PA)
William M. Linskey (MA)
Jason D. Lowder (OH)
Arnold V. Magaoay (HI)
Norman C. Mallett (AR)
Justin T. Mattice (AZ)
Leldon W. McCutcheon (AL)
Kenneth M. Miller (ID)
Richard E. Moore (NY)
Matthew K. Morrison (UT)
Edward L. Norfleet (AL)
Mark P. Norwood (NV)
Kyle R. Perry (PA)
Michael L. Plinski (WA)
Christopher M. Provance (NE)
James A. Rambo (VA)
Michael E. Reck (OH)
Rondo L. Rininger (IN)
James E. Seymour (PA)
Calvin R. Smith (IL)
Wesley J. Summerville (PA)
William R. Thome (IA)
Stephen M. Thompson (GA)
Randy L. Triplett (OH)
Steven R. Weir (MA)
Richard T. Whitney (MN)
Donald D. Willard (IA)
Gary W. Wozniak (NE)
Steven L. Yokom (ID)
Allan M. Younglas (PA)
Daniel R. Zuriff (MN)

    The drivers were included in docket number FMCSA-2014-0021. Their 
exemptions are applicable as of October 21, 2018, and will expire on 
October 21, 2020.
    As of October 22, 2018, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following ten individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (77 FR 52384; 77 FR 
64585; 81 FR 80164):

Patrick D. Fortier (MN)
Daniel J. Gladen (MN)
Walter V. Gruba (VA)
Marshall D. Howell (MI)
Duane J. Mullins (WI)
Louis R. Noellsch (WA)
Darrin W. Pettis (WA)
Michael J. Raposa (MA)
Keith J. Tavares (MA)
Phillip L. Truitt (MD)

    The drivers were included in docket number FMCSA-2012-0128. Their 
exemptions are applicable as of October 22, 2018, and will expire on 
October 22, 2020.
    As of October 31, 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 56258; 77 FR 
65929; 81 FR 80164):

Edward K. Belcher (KY)
Philip C. Brooks, Jr. (VA)
Michael R. Conley (MN)
Patrick J. Connors (MA)
John C. Halabura (PA)
Paul L. Harrison III (NY)
    The drivers were included in docket number FMCSA-2012-0219. Their 
exemptions are applicable as of October 31, 2018, and will expire on 
October 31, 2020.

IV. Conditions and Requirements

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

V. Preemption

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

VI. Conclusion

    Based upon its evaluation of the 134 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: August 30, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-19632 Filed 9-7-18; 8:45 am]
 BILLING CODE 4910-EX-P



                                               45726                     Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Notices

                                               frequency remaining the same since                         To submit your comment online, go to               individuals with ITDM to continue to
                                               1985. His physician states that he is                   http://www.regulations.gov and in the                 operate CMVs in interstate commerce.
                                               supportive of Mr. Hackathorn receiving                  search box insert the docket number                   DATES: Each group of renewed
                                               an exemption.                                           FMCSA–2018–0054 and click the search                  exemptions were applicable on the
                                                                                                       button. When the new screen appears,                  dates stated in the discussions below
                                               Jose G. Lara-Ramirez
                                                                                                       click on the blue ‘‘Comment Now!’’                    and will expire on the dates stated in
                                                  Mr. Lara-Ramirez is a 47-year-old                    button on the right hand side of the                  the discussions below. Comments must
                                               Class A driver in Nevada. He has a                      page. On the new page, enter                          be received on or before October 10,
                                               history of epilepsy and has been seizure                information required including the                    2018.
                                               free since 2001. He takes anti-seizure                  specific section of this document to
                                                                                                                                                             ADDRESSES:   You may submit comments
                                               medication with the dosage and                          which each comment applies, and
                                                                                                                                                             bearing the Federal Docket Management
                                               frequency remaining the same since                      provide a reason for each suggestion or
                                                                                                                                                             System (FDMS) Docket No. FMCSA–
                                               2001. His physician states that she is                  recommendation. If you submit your
                                                                                                                                                             2010–0247; FMCSA–2012–0128;
                                               supportive of Mr. Lara-Ramirez                          comments by mail or hand delivery,
                                                                                                                                                             FMCSA–2012–0217; FMCSA–2012–
                                               receiving an exemption.                                 submit them in an unbound format, no
                                                                                                                                                             0219; FMCSA–2014–0021; FMCSA–
                                                                                                       larger than 81⁄2 by 11 inches, suitable for
                                               Bryan F. Sheehan                                                                                              2016–0220 using any of the following
                                                                                                       copying and electronic filing. If you
                                                                                                                                                             methods:
                                                  Mr. Sheehan is a 34-year-old Class E                 submit comments by mail and would                       • Federal eRulemaking Portal: Go to
                                               driver in Florida. He has a history of                  like to know that they reached the                    http://www.regulations.gov. Follow the
                                               epilepsy and has been seizure free since                facility, please enclose a stamped, self-             online instructions for submitting
                                               May 2010. He takes anti-seizure                         addressed postcard or envelope.                       comments.
                                               medication with the dosage and                             We will consider all comments and
                                                                                                                                                               • Mail: Docket Management Facility;
                                               frequency remaining the same since                      materials received during the comment
                                                                                                                                                             U.S. Department of Transportation, 1200
                                               2010. His physician states that he is                   period. FMCSA may issue a final
                                                                                                                                                             New Jersey Avenue SE, West Building
                                               supportive of Mr. Sheehan receiving an                  determination at any time after the close
                                                                                                                                                             Ground Floor, Room W12–140,
                                               exemption.                                              of the comment period.
                                                                                                                                                             Washington, DC 20590–0001.
                                               Francis L. Stimpson                                     V. Viewing Comments and Documents                       • Hand Delivery: West Building
                                                                                                         To view comments, as well as any                    Ground Floor, Room W12–140, 1200
                                                  Mr. Stimpson is a 66-year-old Class A                                                                      New Jersey Avenue SE, Washington,
                                               CDL holder in Idaho. He has a history                   documents mentioned in this preamble,
                                                                                                       go to http://www.regulations.gov and in               DC, between 9 a.m. and 5 p.m., E.T.,
                                               of epilepsy and has been seizure free                                                                         Monday through Friday, except Federal
                                               since 1983. He takes anti-seizure                       the search box insert the docket number
                                                                                                       FMCSA–2018–0054 and click ‘‘Search.’’                 Holidays.
                                               medication with the dosage and
                                                                                                       Next, click ‘‘Open Docket Folder’’ and                  • Fax: 1–202–493–2251.
                                               frequency remaining the same since                                                                               Instructions: Each submission must
                                               2003. His physician states that he is                   you will find all documents and
                                                                                                       comments related to this notice.                      include the Agency name and the
                                               supportive of Mr. Stimpson receiving an                                                                       docket number(s) for this notice. Note
                                               exemption.                                                Issued on: August 30, 2018.                         that all comments received will be
                                                                                                       Larry W. Minor,                                       posted without change to http://
                                               Christopher A. Steinke
                                                                                                       Associate Administrator for Policy.                   www.regulations.gov, including any
                                                  Mr. Steinke is a 26-year-old Class D                 [FR Doc. 2018–19643 Filed 9–7–18; 8:45 am]            personal information provided. Please
                                               driver in Wisconsin. He has a history of                BILLING CODE 4910–EX–P                                see the Privacy Act heading below for
                                               seizure disorder and has been seizure                                                                         further information.
                                               free since 2004. He stopped taking anti-                                                                         Docket: For access to the docket to
                                               seizure medication in 2009. His                         DEPARTMENT OF TRANSPORTATION                          read background documents or
                                               physician states that he is supportive of                                                                     comments, go to http://
                                               Mr. Steinke receiving an exemption.                     Federal Motor Carrier Safety                          www.regulations.gov at any time or
                                                                                                       Administration                                        Room W12–140 on the ground level of
                                               III. Request for Comments
                                                                                                       [Docket No. FMCSA–2010–0247; FMCSA–                   the West Building, 1200 New Jersey
                                                 In accordance with 49 U.S.C. 31136(e)                 2012–0128; FMCSA–2012–0217; FMCSA–                    Avenue SE, Washington, DC, between 9
                                               and 31315, FMCSA requests public                        2012–0219; FMCSA–2014–0021; FMCSA–                    a.m. and 5 p.m., E.T., Monday through
                                               comment from all interested persons on                  2016–0220]                                            Friday, except Federal holidays. The
                                               the exemption petitions described in                                                                          FDMS is available 24 hours each day
                                               this notice. We will consider all                       Qualification of Drivers; Exemption                   E.T., 365 days each year. If you want
                                               comments received before the close of                   Applications; Diabetes                                acknowledgment that we received your
                                               business on the closing date indicated                  AGENCY: Federal Motor Carrier Safety                  comments, please include a self-
                                               in the dates section of the notice.                     Administration (FMCSA), DOT.                          addressed, stamped envelope or
                                               IV. Submitting Comments                                 ACTION: Notice of renewal of                          postcard or print the acknowledgement
                                                                                                       exemptions; request for comments.                     page that appears after submitting
                                                 You may submit your comments and                                                                            comments online.
                                               material online or by fax, mail, or hand                SUMMARY:  FMCSA announces its                            Privacy Act: In accordance with 5
                                               delivery, but please use only one of                    decision to renew exemptions for 134                  U.S.C. 553(c), DOT solicits comments
daltland on DSKBBV9HB2PROD with NOTICES




                                               these means. FMCSA recommends that                      individuals from its prohibition in the               from the public to better inform its
                                               you include your name and a mailing                     Federal Motor Carrier Safety                          rulemaking process. DOT posts these
                                               address, an email address, or a phone                   Regulations (FMCSRs) against persons                  comments, without edit, including any
                                               number in the body of your document                     with insulin-treated diabetes mellitus                personal information the commenter
                                               so that FMCSA can contact you if there                  (ITDM) from operating commercial                      provides, to http://www.regulations.gov,
                                               are questions regarding your                            motor vehicles (CMVs) in interstate                   as described in the system of records
                                               submission.                                             commerce. The exemptions enable these                 notice (DOT/ALL–14 FDMS), which can


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                                                                         Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Notices                                           45727

                                               be reviewed at http://www.dot.gov/                      than two years from its approval date                 have satisfied the renewal conditions for
                                               privacy.                                                and may be renewed upon application.                  obtaining an exemption from the rule
                                               FOR FURTHER INFORMATION CONTACT:    Ms.                 In accordance with 49 U.S.C. 31136(e)                 prohibiting drivers with ITDM from
                                               Christine A. Hydock, Chief, Medical                     and 31315, each of the 134 applicants                 driving CMVs in interstate commerce
                                               Programs Division, 202–366–4001,                        has satisfied the renewal conditions for              (75 FR 52813; 75 FR 64394; 81 FR
                                               fmcsamedical@dot.gov, FMCSA,                            obtaining an exemption from the                       80164):
                                               Department of Transportation, 1200                      diabetes requirement (75 FR 52813; 75                 Juan E. Boyd (NC)
                                               New Jersey Avenue SE, Room W64–224,                     FR 64394; 77 FR 48587; 77 FR 52384;                   Bradley R. Burns (OH)
                                               Washington, DC 20590–0001. Office                       77 FR 56258; 77 FR 61655; 77 FR 64585;                Leo G. Dinero (GA)
                                               hours are from 8:30 a.m. to 5:30 p.m.,                  77 FR 65929; 79 FR 56107; 79 FR 73946;                Terry W. Ferguson (GA)
                                               E.T., Monday through Friday, except                     81 FR 64257; 81 FR 79554; 81 FR                       Thomas G. Flanagan (IN)
                                               Federal holidays. If you have questions                 80164). They have maintained their                    Donald K. Fraase (ND)
                                               regarding viewing or submitting                         required medical monitoring and have                  Jason W. Geier (MT)
                                               material to the docket, contact Docket                  not exhibited any medical issues that                 Scott R. Grange (CA)
                                               Services, telephone (202) 366–9826.                     would compromise their ability to safely              Bradley D. Heagel (IA)
                                                                                                       operate a CMV during the previous two-                Ronald D. Olson (WI)
                                               SUPPLEMENTARY INFORMATION:
                                                                                                       year exemption period. These factors                  Daniel E. Velasco (MD)
                                               I. Background                                           provide an adequate basis for predicting                The drivers were included in docket
                                                  Under 49 U.S.C. 31136(e) and 31315,                  each driver’s ability to continue to drive            number FMCSA–2010–0247. Their
                                               FMCSA may grant an exemption for five                   safely in interstate commerce.                        exemptions are applicable as of October
                                               years if it finds ‘‘such exemption would                Therefore, FMCSA concludes that                       19, 2018, and will expire on October 19,
                                               likely achieve a level of safety that is                extending the exemption for each of                   2020.
                                               equivalent to or greater than the level                 these drivers for a period of two years                 As of October 20, 2018, and in
                                               that would be achieved absent such                      is likely to achieve a level of safety                accordance with 49 U.S.C. 31136(e) and
                                               exemption.’’ The statute also allows the                equal to that existing without the                    31315, the following 41 individuals
                                               Agency to renew exemptions at the end                   exemption.                                            have satisfied the renewal conditions for
                                                                                                          In accordance with 49 U.S.C. 31136(e)              obtaining an exemption from the rule
                                               of the five-year period. FMCSA grants
                                                                                                       and 31315, the following groups of                    prohibiting drivers with ITDM from
                                               exemptions from the FMCSRs for a two-
                                                                                                       drivers received renewed exemptions in                driving CMVs in interstate commerce
                                               year period to align with the maximum
                                                                                                       the month of October and are discussed                (81 FR 64257; 81 FR 79554):
                                               duration of a driver’s medical
                                                                                                       below:
                                               certification.                                                                                                Ardell M. Banta, Sr. (IA)
                                                                                                          As of October 8, 2018, and in
                                                  The physical qualification standard                                                                        Ronald I. Barker (MI)
                                                                                                       accordance with 49 U.S.C. 31136(e) and
                                               for drivers regarding diabetes found in                                                                       John M. Bracken (PA)
                                                                                                       31315, Gary B. Bland (GA) has satisfied
                                               49 CFR 391.41(b)(3) states that a person                                                                      Thomas E. Brennan (PA)
                                                                                                       the renewal conditions for obtaining an
                                               is physically qualified to drive a CMV                                                                        Matthew W. Brown (OK)
                                                                                                       exemption from the rule prohibiting                   Norman Brown (ME)
                                               if that person has no established
                                                                                                       drivers with ITDM from driving CMVs                   Robert S. Downie, Jr. (PA)
                                               medical history or clinical diagnosis of
                                                                                                       in interstate commerce (75 FR 52813; 75               Frank A. Eagen (WI)
                                               diabetes mellitus currently requiring
                                                                                                       FR 64394; 81 FR 80164).                               Joseph F. Figueroa (WI)
                                               insulin for control.
                                                                                                          This driver was included in docket                 Nolan Graves (MI)
                                                  The 134 individuals listed in this
                                                                                                       number FMCSA–2010–0247. The                           Darryl W. Grimes (TN)
                                               notice have requested renewal of their
                                                                                                       exemption is effective as of October 8,               Henry L. Hardin (GA)
                                               exemptions from the diabetes standard
                                                                                                       2018, and will expire on October 8,                   John L. Hargis (MO)
                                               in 49 CFR 391.41(b)(3), in accordance
                                                                                                       2020.                                                 Howard C. Hayes (OK)
                                               with FMCSA procedures. Accordingly,
                                                                                                          As of October 10, 2018, and in                     Karen A. Holzwarth (PA)
                                               FMCSA has evaluated these
                                                                                                       accordance with 49 U.S.C. 31136(e) and                Michael R. Jacklin (WI)
                                               applications for renewal on their merits
                                                                                                       31315, the following seven individuals                Hershell D. Jones (KY)
                                               and decided to extend each exemption
                                                                                                       have satisfied the renewal conditions for             William H. Kline (OH)
                                               for a renewable two-year period.
                                                                                                       obtaining an exemption from the rule                  Mitchell A. Langford (OR)
                                               II. Request for Comments                                prohibiting drivers with ITDM from                    Michael J. Lipovsky (CT)
                                                 Interested parties or organizations                   driving CMVs in interstate commerce                   Edward J. Manley (PA)
                                               possessing information that would                       (77 FR 48587; 77 FR 61655; 81 FR                      Joshua L. Mattas (PA)
                                               otherwise show that any, or all, of these               80164):                                               Raymond E. McGuire (PA)
                                               drivers are not currently achieving the                 Dominick Bravata (IL)                                 Ismael Mejia (WA)
                                               statutory level of safety should                        Barry J. Drews (MI)                                   Shane M. Olden (PA)
                                               immediately notify FMCSA. The                           Mason L. Hall (SD)                                    Wade B. Patrick (NY)
                                               Agency will evaluate any adverse                        Chad E. Hasler (MT)                                   Shawn B. Persinger (WY)
                                               evidence submitted and, if safety is                    Norman A. Latondresse (RI)                            Timothy J. Peterson (NE)
                                               being compromised or if continuation of                 Robert C. Lister, Jr. (OH)                            Stewart R. Rowell (TX)
                                               the exemption would not be consistent                   Robert E. Smith (GA)                                  William T. Shreeve (TN)
                                               with the goals and objectives of 49                        The drivers were included in docket                David L. Smith (TX)
daltland on DSKBBV9HB2PROD with NOTICES




                                               U.S.C. 31136(e) and 31315, FMCSA will                   number FMCSA–2012–0217. Their                         James A. Stock (WI)
                                               take immediate steps to revoke the                      exemptions are applicable as of October               Marlon Taylor (OH)
                                               exemption of a driver.                                  10, 2018, and will expire on October 10,              Eddie B. Thacker (KY)
                                                                                                       2020.                                                 Earnest A. Tillman (FL)
                                               III. Basis for Renewing Exemptions                         As of October 19, 2018, and in                     William C. Tomlinson (GA)
                                                 Under 49 U.S.C. 31315(b)(1), an                       accordance with 49 U.S.C. 31136(e) and                Brennan S. Watkins (VT)
                                               exemption may be granted for no longer                  31315, the following 11 individuals                   Julius Williams (MS)


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                                               45728                     Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Notices

                                               Kevin A. Wilson (WV)                                    Steven R. Weir (MA)                                   complications, or inability to manage
                                               Jeffrey S. Wine (IA)                                    Richard T. Whitney (MN)                               diabetes; also, any involvement in an
                                               P.W. Woodard (NY)                                       Donald D. Willard (IA)                                accident or any other adverse event in
                                                  The drivers were included in docket                  Gary W. Wozniak (NE)                                  a CMV or personal vehicle, whether or
                                               number FMCSA–2016–0220. Their                           Steven L. Yokom (ID)                                  not it is related to an episode of
                                               exemptions are applicable as of October                 Allan M. Younglas (PA)                                hypoglycemia; (3) each driver must
                                               20, 2018, and will expire on October 20,                Daniel R. Zuriff (MN)                                 submit an annual ophthalmologist’s or
                                               2020.                                                     The drivers were included in docket                 optometrist’s report; and (4) each driver
                                                  As of October 21, 2018, and in                       number FMCSA–2014–0021. Their                         must provide a copy of the annual
                                               accordance with 49 U.S.C. 31136(e) and                  exemptions are applicable as of October               medical certification to the employer for
                                               31315, the following 58 individuals                     21, 2018, and will expire on October 21,              retention in the driver’s qualification
                                               have satisfied the renewal conditions for               2020.                                                 file, or keep a copy in his/her driver’s
                                               obtaining an exemption from the rule                      As of October 22, 2018, and in                      qualification file if he/she is self-
                                               prohibiting drivers with ITDM from                      accordance with 49 U.S.C. 31136(e) and                employed. The driver must also have a
                                               driving CMVs in interstate commerce                     31315, the following ten individuals                  copy of the exemption when driving, for
                                               (79 FR 56107; 79 FR 73946; 81 FR                        have satisfied the renewal conditions for             presentation to a duly authorized
                                               80164):                                                 obtaining an exemption from the rule                  Federal, State, or local enforcement
                                                                                                       prohibiting drivers with ITDM from                    official. The exemption will be
                                               Michael L. Agnitsch (NE)
                                               Earl W. Avery (TN)                                      driving CMVs in interstate commerce                   rescinded if: (1) The person fails to
                                               Michael A. Baker (CT)                                   (77 FR 52384; 77 FR 64585; 81 FR                      comply with the terms and conditions
                                               Todd D. Bloomfield (WA)                                 80164):                                               of the exemption; (2) the exemption has
                                               Charles K. Bond (PA)                                    Patrick D. Fortier (MN)                               resulted in a lower level of safety than
                                               Christopher R. Cook (NY)                                Daniel J. Gladen (MN)                                 was maintained before it was granted; or
                                               Wygila M. Corliss (NM)                                  Walter V. Gruba (VA)                                  (3) continuation of the exemption would
                                               Timothy J. Cornish (OH)                                 Marshall D. Howell (MI)                               not be consistent with the goals and
                                               Evan R. Dieken (MN)                                     Duane J. Mullins (WI)                                 objectives of 49 U.S.C. 31136(e) and
                                               Richard A. Durr (IL)                                    Louis R. Noellsch (WA)                                31315.
                                               George B. Ferris, Jr. (NY)                              Darrin W. Pettis (WA)                                 V. Preemption
                                               John B. Flood (MO)                                      Michael J. Raposa (MA)
                                                                                                       Keith J. Tavares (MA)                                    During the period the exemption is in
                                               David S. Fortune (VA)
                                                                                                       Phillip L. Truitt (MD)                                effect, no State shall enforce any law or
                                               John Galione (NJ)
                                                                                                                                                             regulation that conflicts with this
                                               Peter E. Ganss (KS)                                       The drivers were included in docket
                                                                                                                                                             exemption with respect to a person
                                               Michael Hawkins (SC)                                    number FMCSA–2012–0128. Their
                                                                                                                                                             operating under the exemption.
                                               Rodney J. Hendricks (ID)                                exemptions are applicable as of October
                                               Timothy U. Herring (NC)                                 22, 2018, and will expire on October 22,              VI. Conclusion
                                               Richard L. Hines (NC)                                   2020.                                                   Based upon its evaluation of the 134
                                               David M. Hughes (UT)                                      As of October 31, 2018, and in                      exemption applications, FMCSA renews
                                               Jammie L. Hughes (OH)                                   accordance with 49 U.S.C. 31136(e) and                the exemptions of the aforementioned
                                               Andy L. Hughes (IL)                                     31315, the following six individuals                  drivers from the rule prohibiting drivers
                                               Rodney L. Johnson (OR)                                  have satisfied the renewal conditions for             with ITDM from driving CMVs in
                                               Paul D. Kimmel (IA)                                     obtaining an exemption from the rule                  interstate commerce. In accordance with
                                               Scott M. Klain (OR)                                     prohibiting drivers with ITDM from                    49 U.S.C. 31136(e) and 31315, each
                                               Gregory L. Kuharski (MN)                                driving CMVs in interstate commerce                   exemption will be valid for two years
                                               Robert B. Langston, III (MS)                            (77 FR 56258; 77 FR 65929; 81 FR                      unless revoked earlier by FMCSA.
                                               Mark W. Lavorini (PA)                                   80164):
                                                                                                                                                               Issued on: August 30, 2018.
                                               William M. Linskey (MA)                                 Edward K. Belcher (KY)
                                               Jason D. Lowder (OH)                                                                                          Larry W. Minor,
                                                                                                       Philip C. Brooks, Jr. (VA)
                                               Arnold V. Magaoay (HI)                                                                                        Associate Administrator for Policy.
                                                                                                       Michael R. Conley (MN)
                                               Norman C. Mallett (AR)                                  Patrick J. Connors (MA)                               [FR Doc. 2018–19632 Filed 9–7–18; 8:45 am]
                                               Justin T. Mattice (AZ)                                  John C. Halabura (PA)                                 BILLING CODE 4910–EX–P
                                               Leldon W. McCutcheon (AL)                               Paul L. Harrison III (NY)
                                               Kenneth M. Miller (ID)                                    The drivers were included in docket
                                               Richard E. Moore (NY)                                   number FMCSA–2012–0219. Their                         DEPARTMENT OF TRANSPORTATION
                                               Matthew K. Morrison (UT)                                exemptions are applicable as of October               Federal Motor Carrier Safety
                                               Edward L. Norfleet (AL)                                 31, 2018, and will expire on October 31,              Administration
                                               Mark P. Norwood (NV)                                    2020.
                                               Kyle R. Perry (PA)                                                                                            [Docket No. FMCSA–2018–0204]
                                               Michael L. Plinski (WA)                                 IV. Conditions and Requirements
                                               Christopher M. Provance (NE)                               The exemptions are extended subject                Qualification of Drivers; Exemption
                                               James A. Rambo (VA)                                     to the following conditions: (1) Each                 Applications; Diabetes Mellitus
                                               Michael E. Reck (OH)                                    driver must submit a quarterly                        AGENCY: Federal Motor Carrier Safety
daltland on DSKBBV9HB2PROD with NOTICES




                                               Rondo L. Rininger (IN)                                  monitoring checklist completed by the                 Administration (FMCSA), DOT.
                                               James E. Seymour (PA)                                   treating endocrinologist as well as an                ACTION: Notice of applications for
                                               Calvin R. Smith (IL)                                    annual checklist with a comprehensive                 exemption; request for comments.
                                               Wesley J. Summerville (PA)                              medical evaluation; (2) each driver must
                                               William R. Thome (IA)                                   report within two business days of                    SUMMARY:  FMCSA announces receipt of
                                               Stephen M. Thompson (GA)                                occurrence, all episodes of severe                    applications from 38 individuals for an
                                               Randy L. Triplett (OH)                                  hypoglycemia, significant                             exemption from the prohibition in the


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Document Created: 2018-09-08 00:43:27
Document Modified: 2018-09-08 00:43:27
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 October 10, 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 45726 

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