83_FR_54149 83 FR 53942 - Qualification of Drivers; Exemption Applications; Diabetes

83 FR 53942 - Qualification of Drivers; Exemption Applications; Diabetes

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 207 (October 25, 2018)

Page Range53942-53945
FR Document2018-23331

FMCSA announces its decision to renew exemptions for 150 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 207 (Thursday, October 25, 2018) 
[Federal Register Volume 83, Number 207 (Thursday, October 25, 2018)]
[Notices]
[Pages 53942-53945]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-23331]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0288; FMCSA-2012-0281; FMCSA-2014-0306; FMCSA-
2014-0307; FMCSA-2016-0221; FMCSA-2016-0222; FMCSA-2016-0023]


Qualification of Drivers; Exemption Applications; Diabetes

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

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

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

[[Page 53943]]

SUMMARY: FMCSA announces its decision to renew exemptions for 150 
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 November 
26, 2018.

ADDRESSES: You may submit comments identified by the Federal Docket 
Management System (FDMS) Docket No. FMCSA-2010-0288; FMCSA-2012-0281; 
FMCSA-2014-0306; FMCSA-2014-0307; FMCSA-2016-0221; FMCSA-2016-0222; 
FMCSA-2016-0023 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., 
ET, Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation'' portion of the SUPPLEMENTARY 
INFORMATION section for instructions on submitting comments.

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., ET, 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. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (Docket No. FMCSA-2010-0288; FMCSA-2012-0281; FMCSA-2014-0306; 
FMCSA-2014-0307; FMCSA-2016-0221; FMCSA-2016-0222; FMCSA-2016-0023), 
indicate the specific section of this document to which each comment 
applies, and provide a reason for each suggestion or recommendation. 
You may submit your comments and material online or by fax, mail, or 
hand delivery, but please use only one of these means. FMCSA recommends 
that you include your name and a mailing address, an email address, or 
a phone number in the body of your document so that FMCSA can contact 
you if there are questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov., 
put the docket number, FMCSA-2010-0288; FMCSA-2012-0281; FMCSA-2014-
0306; FMCSA-2014-0307; FMCSA-2016-0221; FMCSA-2016-0222; FMCSA-2016-
0023, in the keyword box, and click ``Search.'' When the new screen 
appears, click on the ``Comment Now!'' button and type your comment 
into the text box on the following screen. Choose whether you are 
submitting your comment as an individual or on behalf of a third party 
and then submit.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the facility, please enclose a stamped, 
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the 
comment period.

B. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice 
as being available in the docket, go to http://www.regulations.gov. 
Insert the docket number, FMCSA-2010-0288; FMCSA-2012-0281; FMCSA-2014-
0306; FMCSA-2014-0307; FMCSA-2016-0221; FMCSA-2016-0222; FMCSA-2016-
0023, in the keyword box, and click ``Search.'' Next, click the ``Open 
Docket Folder'' button and choose the document to review. If you do not 
have access to the internet, you may view the docket online by visiting 
the Docket Management Facility in Room W12-140 on the Ground Floor of 
the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590, 
between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal 
holidays.

C. 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 www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

II. 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 [``diabetes standard''].
    The 150 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.

III. 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.

IV. Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no 
longer than five years from its approval date and may be renewed upon 
application. FMCSA grants exemptions from the diabetes standard for a 
two-year period to align with the maximum duration of

[[Page 53944]]

a driver's medical certification. In accordance with 49 U.S.C. 31136(e) 
and 31315, each of the 150 applicants has satisfied the renewal 
conditions for obtaining an exemption from the diabetes standard (see 
75 FR 59788; 77 FR 59447; 79 FR 59351; 79 FR 63214; 81 FR 67425; 81 FR 
72644; 81 FR 72652). They have maintained their required medical 
monitoring and have not exhibited any medical issues that would 
compromise their ability to safely operate a CMV during the previous 
two-year exemption period. These factors provide an adequate basis for 
predicting each driver's ability to continue to drive safely in 
interstate commerce. Therefore, FMCSA concludes that extending the 
exemption for each of these drivers for a period of two years is likely 
to achieve a level of safety equal to that existing without the 
exemption.
    In accordance with 49 U.S.C. 31136(e) and 31315, the following 
groups of drivers received renewed exemptions in the month of November 
and are discussed below:
    As of November 1, 2018, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 48 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 59351; 81 FR 
67425):

Noe D. Aguilar (CA)
Wayne W. Best (PA)
John K. Bottkol (FL)
Justin M. Brown (MT)
John D. Cline (AZ)
Paul H. Coleman (PA)
John D. Colpitts (NC)
Kevin A. Dietz (IL)
Steven M. Dunham (NH)
Frank A. Emrath (WI)
Kirk M. Faria (MA)
Richard L. Farris (WA)
Alex J. Gerena-Santiago (PA)
Clayton G. Hardwick (KY)
Audie C. Holton (GA)
Matthew D. Homan (MI)
Jamison G. Land (VA)
Lester M. Lee, Jr. (GA)
Richard H. Leger (LA)
Aretha Lewis (VA)
Marvin D. Mathis (NC)
Solomon J. Mayfield (GA)
Clay A. McDaniel (MO)
Calvin W. McDaniel (MI)
Brian M. McFadden (MA)
Sean R. Murray (MN)
Sean K. Myhand (GA)
Glen R. Parry (NM)
George E. Patton (AL)
Luther S. Pickell (KS)
Jeffrey E. Prevost (ME)
Michael J. Ramey (CO)
Richard J. Rasmussen (NE)
Phillip A. Rentschler (IN)
Mark L. Rigby (UT)
Jeffrey K. Roberts (WI)
Marvin A. Ryan (IN)
Craig A. Squib (PA)
Eric R. Storm (GA)
Timothy B. Suck (MI)
Daniel A. Swain (TX)
Sean P. Thomas (IN)
Tyrel J. Turner (ID)
Glenn R. Tyrrell (MN)
Lewis W. Vaught Jr. (NC)
Daniel R. Violette (OR)
Robert C. Williams (OR)
William L. Wiltrout (PA)

    The drivers were included in docket numbers FMCSA--2014-0306, FMCSA 
2016-0221. Their exemptions are applicable as of November 1, 2018, and 
will expire on November 2, 2020.
    As of November 16, 2018, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 13 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (75 FR 59788):

Shale W. Anderson (FL)
Charles L. Arnburg (IA)
Garrett D. Couch (MI)
Mark W. Garver (MN)
Donald S. Keller (MI)
Jason M. Luper (MO)
Harold L. Phillips (OK)
Heath A. Senkel (TX)
Roland R. Unruh (KS)
Norman J. VanTuyle II (MI)
John M. Warden (TX)
Donald E. Weadon (MD)
Douglas W. Williams (TN)

    The drivers were included in docket number FMCSA-2010-0288. Their 
exemptions are applicable as of November 16, 2018, and will expire on 
November 16, 2020.
    As of November 22, 2018, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 80 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 63214, 81 FR 
72644, 81 FR 72652):

Christopher Albano (PA)
Colter E. Allen (MT)
Jeffrey S. Argabright (OH)
Bert F. Asa (CO)
Brandon D. Baird (TN)
Gregory A. Behm (NE)
Helena R. Berry (GA)
Glenn C. Blank (PA)
John K. Brown (KY)
Gregory A. Carroll (MD)
Kent H. Carter (IN)
Archie Chischilly (AZ)
James L. Crane (MS)
Timothy L. Dahlberg (WI)
Randy S. Dorn (WI)
Troy E. Dreisbach (PA)
Scott E. Ennis (NY)
Donald L. Feltman (MN)
Benjamin T. Filip (ND)
Richard A. Geiger (IL)
Harold L. Gomez (LA)
Arthur M. Gonzalez (TX)
Todd K. Grama (NY)
Patrick E. Gratts (TX)
Alex J. Gravunder (WI)
Dion A. Harris (OK)
Rick L. Hendrickson (ND)
Henry C. Hinton (IN)
Glenn E. Hoffman (FL)
Jeffrey S. Horvath (OH)
George E. Huften (CT)
Patrick L. Jackson (GA)
William T. Jensen (NJ)
Herbert S. Johnson (IA)
Randall L. Johnson (GA)
Robert W. Johnson, Sr. (NY)
Joseph J. Karas (NJ)
Antonio J. Katzdorn (ID)
Terry J. Koontz (IL)
Richard H. LaDue (NY)
Randy C. Lee (NY)
Jose A. Lucero (AZ)
William D. Lusk (NC)
Gerry A. Lutz (IA)
Kenneth E. McCain (IL)
George F. McCrory (MO)
William P. McLemore, Jr. (IL)
Glenn J. Michalek (IL)
John R. Miller II (OR)
Christopher M. Minor (OH)
Robert A. Nicolai (MO)
Ashby J. Nuckols (VA)
William P. Pearson, II (WI)
Corey M. Planck (MO)
Ronald J. Pomella (FL)
Jonathan P. Preissler (MA)
Ivan A. Pruss (NJ)
Charles R. Quilty (IL)
John M. Rawlinson (IN)
Michael L. Reynolds (NC)
Joseph M. Rowe (MO)
Donald G. Runyon (IN)
Samuel H. Schmidt (MN)
Gary W. Seal (TN)
John B. Simpson (NH)
Garey W. Smith (TN)
Ronnie J. Smith (NC)
Troy Smith (OH)
Dennis J. Stanley (WI)
John E. Steltz (MN)
Mitchell A. Thomas (MN)
James E. Vaughn (TN)
James M. Vavao (CA)
Robert W. Wagner (OH)
Joseph H. Wamsley (WV)
Kevin A. Warren (OH)
Steven M. Weimer (PA)
Kevin L. Wendt (WY)
Michael L. Westbury (SC)
Richelle Y. Wyatt (PA)

    The drivers were included in docket numbers FMCSA-2014-0307, FMCSA-

[[Page 53945]]

2016-0222, FMCSA-2016-0023. Their exemptions are applicable as of 
November 22, 2018, and will expire on November 22, 2020.
    As of November 26, 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 59447):

Charles E. Castle (OH)
Larry W. Dearing (IN)
Bradley E. DeWitt (WA)
Leonard R. Dobosenski (MN)
Michael L. Kiefer (SD)
Marcus J. Kyle (IA)
Robert C. Moore (PA)
Jedediaha C. Record (WY)
Jessie L. Webster (KY)

    The drivers were included in docket number FMCSA-2012-0281. Their 
exemptions are applicable as of November 26, 2018, and will expire on 
November 26, 2020.

V. 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.

VI. 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.

VII. Conclusion

    Based upon its evaluation of the 150 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: October 17, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-23331 Filed 10-24-18; 8:45 am]
 BILLING CODE 4910-EX-P

53942 Federal Register / Vol. 83, No. 207 / Thursday, October 25, 2018 / Notices believes that [current] research supports Regarding the comments from the notification must include the following exempting WMH and all waste and Advocates, the Trucking Alliance and information: recyclable material CMV drivers and the IBT, the Agency emphasizes that (a) Identity of the exemption: ‘‘Waste companies from complying with the this exemption does not allow any Management Holdings, Inc.’’ ELD mandate and the use of RODS. additional driving time during the work (b) Name of operating motor carrier, NWRA supports WMH’s request to shift, or allow driving after the 14th (c) Date of the accident, increase the short-haul exemption from hour from the beginning of the work (d) City or town, and State, in which 12 hours to 14 hours as has already been shift. In addition, drivers are still the accident occurred, or closest to the done for the ready-mix concrete and limited by the weekly limits, and the accident scene, asphalt industries.’’ employer must maintain accurate time (e) Driver’s name and license number, Waste Connections supports the records concerning the time the driver (f) Vehicle number and State license proposal to increase the return reports for work each day, the total number, requirement from 12 to 14 hours: ‘‘We number of hours the driver is on duty (g) Number of individuals suffering will continue to work diligently with each day, and the time the driver is physical injury, our drivers to uphold safety as our #1 released from duty each day. As the (h) Number of fatalities, value and to keep the time our drivers WMH explained, drivers usually return (i) The police-reported cause of the spend on the road to a safe duration.’’ to the work reporting location within 12 accident, The Advocates/The Trucking Alliance hours, but the demands during certain (j) Whether the driver was cited for filed joint comments in opposition to periods necessitate work shifts going violation of any traffic laws, motor the WMH application for exemption on beyond 12 hours. Therefore, the carrier safety regulations, and the grounds ‘‘that the application does exemption application should not be (k) The driver’s total driving time and not meet the statutory and regulatory construed as a mechanism for the total on-duty time period prior to the requirements for the exemption. The applicant to implement a new business accident. application fails to justify the need for model with all of its drivers routinely Reports filed under this provision the exemption, provide an analysis of extending maximum work shifts from shall be emailed to MCPSD@DOT.GOV. the safety implications of the requested 12 to 14 hours. It provides limited relief exemption, or provide information on Termination to the recordkeeping requirements for the specific countermeasures to be HOS for short-haul drivers who find it FMCSA does not believe the drivers undertaken to ensure that the exemption necessary to exceed the 12-hour limit, covered by this exemption will will achieve an equivalent or greater which impacts the type of HOS records experience any deterioration of their level of safety that would be achieved required. safety record. absent the exemption. . . Granting Interested parties or organizations exemptions to the HOS or ELD rules VI. Terms and Conditions for the possessing information that would undermines the federal regulatory HOS Exemption otherwise show that any or all of these scheme, weakens specific safety motor carriers are not achieving the • Drivers must have a copy of this regulations, and complicates requisite statutory level of safety should notice or equivalent signed FMCSA enforcement.’’ immediately notify FMCSA. The IBT opposes the exemption exemption document in their possession while operating under the terms of the The Agency will evaluate any request: ‘‘The idea that increasing the information submitted and, if safety is allowable driving time for WMH drivers exemption. The exemption document must be presented to law enforcement being compromised or if the to 14 hours a day will have ‘no adverse continuation of this exemption is safety impact’ does not align with the officials upon request. inconsistent with 49 U.S.C. 31315(b)(4) facts. It flies in the face of the logic • Drivers must return to the work and 31136(e), FMCSA will immediately behind there being a cap on allowable reporting location and be released from take steps to revoke the exemption of driving hours at all. Additional time work within 14 consecutive hours. the company and drivers in question. behind-the-wheel leads to greater Extent of the Exemption Issued on: October 18, 2018. fatigue, which leads to a greater propensity for accidents . . . We This exemption is limited to the Raymond P. Martinez, strongly encourage the Agency to deny provisions of 49 CFR 395.1(e)(1)(ii)(A). Administrator. the request.’’ These drivers must comply will all [FR Doc. 2018–23335 Filed 10–24–18; 8:45 am] other applicable provisions of the BILLING CODE 4910–EX–P V. FMCSA Decision FMCSRs. FMCSA has evaluated WMH’s Preemption application and the public comments DEPARTMENT OF TRANSPORTATION and decided to grant the exemption. The In accordance with 49 U.S.C. Agency believes that the drivers of 31315(d), during the period this Federal Motor Carrier Safety WMH’s CMVs used to collect waste and exemption is in effect, no State shall Administration recycling materials who are exempted enforce any law or regulation that [Docket No. FMCSA–2010–0288; FMCSA– will likely achieve a level of safety that conflicts with or is inconsistent with 2012–0281; FMCSA–2014–0306; FMCSA– is equivalent to or greater than, the level this exemption with respect to a firm or 2014–0307; FMCSA–2016–0221; FMCSA– of safety achieved without the person operating under the exemption. 2016–0222; FMCSA–2016–0023] exemption [49 CFR 381.305(a)]. The daltland on DSKBBV9HB2PROD with NOTICES Notification to FMCSA Qualification of Drivers; Exemption exemption will allow WMH’s drivers to use the short-haul RODS exception, but Any motor carrier utilizing this Applications; Diabetes with a 14-hour duty period instead of 12 exemption must notify FMCSA within 5 AGENCY: Federal Motor Carrier Safety hours. The Agency granted a similar business days of any accident (as Administration (FMCSA), DOT. exemption to the National Asphalt defined in 49 CFR 390.5), involving any ACTION: Notice of renewal of Paving Association [January 26, 2018, of the motor carrier’s CMVs operating exemptions; request for comments. (83 FR 3864)]. under the terms of this exemption. The VerDate Sep<11>2014 18:10 Oct 24, 2018 Jkt 247001 PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 E:\FR\FM\25OCN1.SGM 25OCN1

Federal Register / Vol. 83, No. 207 / Thursday, October 25, 2018 / Notices 53943 SUMMARY: FMCSA announces its notice (Docket No. FMCSA–2010–0288; C. Privacy Act decision to renew exemptions for 150 FMCSA–2012–0281; FMCSA–2014– In accordance with 5 U.S.C. 553(c), individuals from its prohibition in the 0306; FMCSA–2014–0307; FMCSA– DOT solicits comments from the public Federal Motor Carrier Safety 2016–0221; FMCSA–2016–0222; to better inform its rulemaking process. Regulations (FMCSRs) against persons FMCSA–2016–0023), indicate the DOT posts these comments, without with insulin-treated diabetes mellitus specific section of this document to edit, including any personal information (ITDM) from operating commercial which each comment applies, and the commenter provides, to motor vehicles (CMVs) in interstate provide a reason for each suggestion or www.regulations.gov, as described in commerce. The exemptions enable these recommendation. You may submit your the system of records notice (DOT/ALL– individuals with ITDM to continue to comments and material online or by fax, 14 FDMS), which can be reviewed at operate CMVs in interstate commerce. mail, or hand delivery, but please use www.dot.gov/privacy. DATES: Each group of renewed only one of these means. FMCSA recommends that you include your II. Background exemptions were applicable on the dates stated in the discussions below name and a mailing address, an email Under 49 U.S.C. 31136(e) and 31315, and will expire on the dates stated in address, or a phone number in the body FMCSA may grant an exemption for five the discussions below. Comments must of your document so that FMCSA can years if it finds ‘‘such exemption would be received on or before November 26, contact you if there are questions likely achieve a level of safety that is 2018. regarding your submission. equivalent to or greater than the level ADDRESSES: You may submit comments To submit your comment online, go to that would be achieved absent such identified by the Federal Docket http://www.regulations.gov., put the exemption.’’ The statute also allows the Management System (FDMS) Docket No. docket number, FMCSA–2010–0288; Agency to renew exemptions at the end FMCSA–2012–0281; FMCSA–2014– of the five-year period. FMCSA grants FMCSA–2010–0288; FMCSA–2012– 0306; FMCSA–2014–0307; FMCSA– exemptions from the FMCSRs for a two- 0281; FMCSA–2014–0306; FMCSA– 2016–0221; FMCSA–2016–0222; year period to align with the maximum 2014–0307; FMCSA–2016–0221; FMCSA–2016–0023, in the keyword duration of a driver’s medical FMCSA–2016–0222; FMCSA–2016– box, and click ‘‘Search.’’ When the new certification. 0023 using any of the following The physical qualification standard methods: screen appears, click on the ‘‘Comment Now!’’ button and type your comment for drivers regarding diabetes found in • Federal eRulemaking Portal: Go to 49 CFR 391.41(b)(3) states that a person http://www.regulations.gov. Follow the into the text box on the following screen. Choose whether you are is physically qualified to drive a CMV online instructions for submitting if that person has no established comments. submitting your comment as an individual or on behalf of a third party medical history or clinical diagnosis of • Mail: Docket Management Facility; diabetes mellitus currently requiring U.S. Department of Transportation, 1200 and then submit. If you submit your comments by mail insulin for control [‘‘diabetes New Jersey Avenue SE, West Building standard’’]. Ground Floor, Room W12–140, or hand delivery, submit them in an The 150 individuals listed in this Washington, DC 20590–0001. unbound format, no larger than 81⁄2 by notice have requested renewal of their • Hand Delivery: West Building 11 inches, suitable for copying and exemptions from the diabetes standard Ground Floor, Room W12–140, 1200 electronic filing. If you submit in 49 CFR 391.41(b)(3), in accordance New Jersey Avenue SE, Washington, comments by mail and would like to with FMCSA procedures. Accordingly, DC, between 9 a.m. and 5 p.m., ET, know that they reached the facility, FMCSA has evaluated these Monday through Friday, except Federal please enclose a stamped, self-addressed applications for renewal on their merits Holidays. postcard or envelope. and decided to extend each exemption • Fax: 1–202–493–2251. FMCSA will consider all comments for a renewable two-year period. To avoid duplication, please use only and material received during the one of these four methods. See the comment period. III. Request for Comments ‘‘Public Participation’’ portion of the B. Viewing Documents and Comments Interested parties or organizations SUPPLEMENTARY INFORMATION section for possessing information that would instructions on submitting comments. To view comments, as well as any otherwise show that any, or all, of these FOR FURTHER INFORMATION CONTACT: Ms. documents mentioned in this notice as drivers are not currently achieving the Christine A. Hydock, Chief, Medical being available in the docket, go to statutory level of safety should Programs Division, 202–366–4001, http://www.regulations.gov. Insert the immediately notify FMCSA. The fmcsamedical@dot.gov, FMCSA, docket number, FMCSA–2010–0288; Agency will evaluate any adverse Department of Transportation, 1200 FMCSA–2012–0281; FMCSA–2014– evidence submitted and, if safety is New Jersey Avenue SE, Room W64–224, 0306; FMCSA–2014–0307; FMCSA– being compromised or if continuation of Washington, DC 20590–0001. Office 2016–0221; FMCSA–2016–0222; the exemption would not be consistent hours are from 8:30 a.m. to 5:30 p.m., FMCSA–2016–0023, in the keyword with the goals and objectives of 49 ET, Monday through Friday, except box, and click ‘‘Search.’’ Next, click the U.S.C. 31136(e) and 31315, FMCSA will Federal holidays. If you have questions ‘‘Open Docket Folder’’ button and take immediate steps to revoke the regarding viewing or submitting choose the document to review. If you exemption of a driver. material to the docket, contact Docket do not have access to the internet, you may view the docket online by visiting IV. Basis for Renewing Exemptions Services, telephone (202) 366–9826. daltland on DSKBBV9HB2PROD with NOTICES the Docket Management Facility in Under 49 U.S.C. 31315(b)(1), an SUPPLEMENTARY INFORMATION: Room W12–140 on the Ground Floor of exemption may be granted for no longer I. Public Participation the DOT West Building, 1200 New than five years from its approval date Jersey Avenue SE, Washington, DC and may be renewed upon application. A. Submitting Comments 20590, between 9 a.m. and 5 p.m., ET, FMCSA grants exemptions from the If you submit a comment, please Monday through Friday, except Federal diabetes standard for a two-year period include the docket number for this holidays. to align with the maximum duration of VerDate Sep<11>2014 18:10 Oct 24, 2018 Jkt 247001 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 E:\FR\FM\25OCN1.SGM 25OCN1

53944 Federal Register / Vol. 83, No. 207 / Thursday, October 25, 2018 / Notices a driver’s medical certification. In Richard J. Rasmussen (NE) James L. Crane (MS) accordance with 49 U.S.C. 31136(e) and Phillip A. Rentschler (IN) Timothy L. Dahlberg (WI) 31315, each of the 150 applicants has Mark L. Rigby (UT) Randy S. Dorn (WI) satisfied the renewal conditions for Jeffrey K. Roberts (WI) Troy E. Dreisbach (PA) obtaining an exemption from the Marvin A. Ryan (IN) Scott E. Ennis (NY) diabetes standard (see 75 FR 59788; 77 Craig A. Squib (PA) Donald L. Feltman (MN) FR 59447; 79 FR 59351; 79 FR 63214; Eric R. Storm (GA) Benjamin T. Filip (ND) 81 FR 67425; 81 FR 72644; 81 FR Timothy B. Suck (MI) Richard A. Geiger (IL) 72652). They have maintained their Daniel A. Swain (TX) Harold L. Gomez (LA) required medical monitoring and have Sean P. Thomas (IN) Arthur M. Gonzalez (TX) not exhibited any medical issues that Tyrel J. Turner (ID) Todd K. Grama (NY) would compromise their ability to safely Glenn R. Tyrrell (MN) Patrick E. Gratts (TX) operate a CMV during the previous two- Lewis W. Vaught Jr. (NC) Alex J. Gravunder (WI) year exemption period. These factors Daniel R. Violette (OR) Dion A. Harris (OK) provide an adequate basis for predicting Robert C. Williams (OR) Rick L. Hendrickson (ND) William L. Wiltrout (PA) Henry C. Hinton (IN) each driver’s ability to continue to drive The drivers were included in docket Glenn E. Hoffman (FL) safely in interstate commerce. numbers FMCSA—2014–0306, FMCSA Jeffrey S. Horvath (OH) Therefore, FMCSA concludes that 2016–0221. Their exemptions are George E. Huften (CT) extending the exemption for each of Patrick L. Jackson (GA) these drivers for a period of two years applicable as of November 1, 2018, and William T. Jensen (NJ) is likely to achieve a level of safety will expire on November 2, 2020. Herbert S. Johnson (IA) equal to that existing without the As of November 16, 2018, and in Randall L. Johnson (GA) exemption. accordance with 49 U.S.C. 31136(e) and Robert W. Johnson, Sr. (NY) In accordance with 49 U.S.C. 31136(e) 31315, the following 13 individuals Joseph J. Karas (NJ) and 31315, the following groups of have satisfied the renewal conditions for Antonio J. Katzdorn (ID) drivers received renewed exemptions in obtaining an exemption from the rule Terry J. Koontz (IL) the month of November and are prohibiting drivers with ITDM from Richard H. LaDue (NY) discussed below: driving CMVs in interstate commerce Randy C. Lee (NY) As of November 1, 2018, and in (75 FR 59788): Jose A. Lucero (AZ) accordance with 49 U.S.C. 31136(e) and Shale W. Anderson (FL) William D. Lusk (NC) 31315, the following 48 individuals Charles L. Arnburg (IA) Gerry A. Lutz (IA) have satisfied the renewal conditions for Garrett D. Couch (MI) Kenneth E. McCain (IL) obtaining an exemption from the rule Mark W. Garver (MN) George F. McCrory (MO) prohibiting drivers with ITDM from Donald S. Keller (MI) William P. McLemore, Jr. (IL) driving CMVs in interstate commerce Jason M. Luper (MO) Glenn J. Michalek (IL) (79 FR 59351; 81 FR 67425): Harold L. Phillips (OK) John R. Miller II (OR) Noe D. Aguilar (CA) Heath A. Senkel (TX) Christopher M. Minor (OH) Wayne W. Best (PA) Roland R. Unruh (KS) Robert A. Nicolai (MO) John K. Bottkol (FL) Norman J. VanTuyle II (MI) Ashby J. Nuckols (VA) Justin M. Brown (MT) John M. Warden (TX) William P. Pearson, II (WI) John D. Cline (AZ) Donald E. Weadon (MD) Corey M. Planck (MO) Douglas W. Williams (TN) Ronald J. Pomella (FL) Paul H. Coleman (PA) The drivers were included in docket Jonathan P. Preissler (MA) John D. Colpitts (NC) number FMCSA–2010–0288. Their Ivan A. Pruss (NJ) Kevin A. Dietz (IL) Charles R. Quilty (IL) Steven M. Dunham (NH) exemptions are applicable as of John M. Rawlinson (IN) Frank A. Emrath (WI) November 16, 2018, and will expire on Michael L. Reynolds (NC) Kirk M. Faria (MA) November 16, 2020. Joseph M. Rowe (MO) Richard L. Farris (WA) As of November 22, 2018, and in Donald G. Runyon (IN) Alex J. Gerena-Santiago (PA) accordance with 49 U.S.C. 31136(e) and Samuel H. Schmidt (MN) Clayton G. Hardwick (KY) 31315, the following 80 individuals Gary W. Seal (TN) Audie C. Holton (GA) have satisfied the renewal conditions for John B. Simpson (NH) Matthew D. Homan (MI) obtaining an exemption from the rule Garey W. Smith (TN) Jamison G. Land (VA) prohibiting drivers with ITDM from Ronnie J. Smith (NC) Lester M. Lee, Jr. (GA) driving CMVs in interstate commerce Troy Smith (OH) Richard H. Leger (LA) (79 FR 63214, 81 FR 72644, 81 FR Dennis J. Stanley (WI) Aretha Lewis (VA) 72652): John E. Steltz (MN) Marvin D. Mathis (NC) Christopher Albano (PA) Mitchell A. Thomas (MN) Solomon J. Mayfield (GA) Colter E. Allen (MT) James E. Vaughn (TN) Clay A. McDaniel (MO) Jeffrey S. Argabright (OH) James M. Vavao (CA) Calvin W. McDaniel (MI) Bert F. Asa (CO) Robert W. Wagner (OH) Brian M. McFadden (MA) Brandon D. Baird (TN) Joseph H. Wamsley (WV) daltland on DSKBBV9HB2PROD with NOTICES Sean R. Murray (MN) Gregory A. Behm (NE) Kevin A. Warren (OH) Sean K. Myhand (GA) Helena R. Berry (GA) Steven M. Weimer (PA) Glen R. Parry (NM) Glenn C. Blank (PA) Kevin L. Wendt (WY) George E. Patton (AL) John K. Brown (KY) Michael L. Westbury (SC) Luther S. Pickell (KS) Gregory A. Carroll (MD) Richelle Y. Wyatt (PA) Jeffrey E. Prevost (ME) Kent H. Carter (IN) The drivers were included in docket Michael J. Ramey (CO) Archie Chischilly (AZ) numbers FMCSA–2014–0307, FMCSA– VerDate Sep<11>2014 18:10 Oct 24, 2018 Jkt 247001 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 E:\FR\FM\25OCN1.SGM 25OCN1

Federal Register / Vol. 83, No. 207 / Thursday, October 25, 2018 / Notices 53945 2016–0222, FMCSA–2016–0023. Their regulation that conflicts with this New Jersey Avenue SE, West Building, exemptions are applicable as of exemption with respect to a person Ground Floor, Room W12–140, November 22, 2018, and will expire on operating under the exemption. Washington, DC 20590–0001. November 22, 2020. • Hand Delivery or Courier: U.S. As of November 26, 2018, and in VII. Conclusion Department of Transportation, 1200 accordance with 49 U.S.C. 31136(e) and Based upon its evaluation of the 150 New Jersey Avenue SE, West Building, 31315, the following nine individuals exemption applications, FMCSA renews Ground Floor, Room W12–140, have satisfied the renewal conditions for the exemptions of the aforementioned Washington, DC 20590–0001 between 9 obtaining an exemption from the rule drivers from the rule prohibiting drivers a.m. and 5 p.m. e.t., Monday through prohibiting drivers with ITDM from with ITDM from driving CMVs in Friday, except Federal holidays. driving CMVs in interstate commerce interstate commerce. In accordance with Instructions: All submissions must (77 FR 59447): 49 U.S.C. 31136(e) and 31315, each include the Agency name and docket Charles E. Castle (OH) exemption will be valid for two years number. For detailed instructions on Larry W. Dearing (IN) unless revoked earlier by FMCSA. submitting comments, see the Public Bradley E. DeWitt (WA) Issued on: October 17, 2018. Participation heading below. Note that Leonard R. Dobosenski (MN) all comments received will be posted Larry W. Minor, Michael L. Kiefer (SD) without change to http:// Marcus J. Kyle (IA) Associate Administrator for Policy. www.regulations.gov, including any Robert C. Moore (PA) [FR Doc. 2018–23331 Filed 10–24–18; 8:45 am] personal information provided. Please Jedediaha C. Record (WY) BILLING CODE 4910–EX–P Jessie L. Webster (KY) see the Privacy Act heading below. Docket: For access to the docket to The drivers were included in docket read background documents or number FMCSA–2012–0281. Their DEPARTMENT OF TRANSPORTATION comments received, go to http:// exemptions are applicable as of www.regulations.gov, and follow the November 26, 2018, and will expire on Federal Motor Carrier Safety Administration online instructions for accessing the November 26, 2020. dockets, or go to the street address listed V. Conditions and Requirements [Docket No. FMCSA–2018–0279] above. The exemptions are extended subject Privacy Act: In accordance with 5 Agency Information Collection to the following conditions: (1) Each U.S.C. 553(c), DOT solicits comments Activities; New Information Collection: driver must submit a quarterly from the public to better inform its Crash Risk by Commercial Motor monitoring checklist completed by the rulemaking process. DOT posts these Vehicle Driver Schedules treating endocrinologist as well as an comments, without edit, including any annual checklist with a comprehensive AGENCY: Federal Motor Carrier Safety personal information the commenter medical evaluation; (2) each driver must Administration (FMCSA), DOT. provides, to www.regulations.gov, as report within two business days of ACTION: Notice and request for described in the system of records occurrence, all episodes of severe comments. notice (DOT/ALL–14 FDMS), which can hypoglycemia, significant be reviewed at www.dot.gov/privacy. SUMMARY: In accordance with the Public Participation: The Federal complications, or inability to manage Paperwork Reduction Act of 1995, the eRulemaking Portal is available 24 diabetes; also, any involvement in an Federal Motor Carrier Safety hours each day, 365 days each year. You accident or any other adverse event in Administration (FMCSA) announces its can obtain electronic submission and a CMV or personal vehicle, whether or plan to submit the Information retrieval help and guidelines under the not it is related to an episode of Collection Request (ICR) described ‘‘help’’ section of the Federal hypoglycemia; (3) each driver must below to the Office of Management and eRulemaking Portal website. If you want submit an annual ophthalmologist’s or Budget (OMB) for its review and us to notify you that we received your optometrist’s report; and (4) each driver approval and invites public comment. comments, please include a self- must provide a copy of the annual This ICR is associated with FMCSA’s addressed, stamped envelope or medical certification to the employer for study to investigate how commercial postcard, or print the acknowledgement retention in the driver’s qualification motor vehicle (CMV) drivers’ schedules page that appears after submitting file, or keep a copy in his/her driver’s impact overall driver performance and comments online. Comments received qualification file if he/she is self- safety. FMCSA needs these data to after the comment closing date will be employed. The driver must also have a answer important research questions included in the docket and will be copy of the exemption when driving, for related to driver schedules and how considered to the extent practicable. presentation to a duly authorized these affect overall driver performance FOR FURTHER INFORMATION CONTACT: Federal, State, or local enforcement and fatigue. Theresa Hallquist, Research Division, official. The exemption will be rescinded if: (1) The person fails to DATES: We must receive your comments Department of Transportation, Federal comply with the terms and conditions on or before December 24, 2018. Motor Carrier Safety Administration, of the exemption; (2) the exemption has ADDRESSES: You may submit comments 1200 New Jersey Avenue SE, resulted in a lower level of safety than identified by Federal Docket Washington, DC 20590. Telephone: was maintained before it was granted; or Management System (FDMS) Docket 202–366–1064; email theresa.hallquist@ (3) continuation of the exemption would Number FMCSA–2018–0279 using any dot.gov. daltland on DSKBBV9HB2PROD with NOTICES not be consistent with the goals and of the following methods: SUPPLEMENTARY INFORMATION: objectives of 49 U.S.C. 31136(e) and • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the online Background 31315. instructions for submitting comments. The preamble of FMCSA’s December VI. Preemption • Fax: 1–202–493–2251. 27, 2011, Hours-of-Service (HOS) of During the period the exemption is in • Mail: Docket Operations; U.S. Drivers Final Rule states, ‘‘FMCSA is effect, no State shall enforce any law or Department of Transportation, 1200 committed to conducting a VerDate Sep<11>2014 18:10 Oct 24, 2018 Jkt 247001 PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 E:\FR\FM\25OCN1.SGM 25OCN1


Document Created: 2018-10-25 01:45:10
Document Modified: 2018-10-25 01:45:10
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 November 26, 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., ET, 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 53942 
2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR