83 FR 53949 - Qualification of Drivers; Exemption Applications; Diabetes

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

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

Page Range		53949-53951
FR Document		2018-23330

FMCSA announces its decision to renew exemptions for 145 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 53949-53951]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-23330]



[[Page 53949]]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0328; FMCSA-2012-0282; FMCSA-2012-0283; FMCSA-
2014-0308; FMCSA-2014-0309; FMCSA-2016-0225; FMCSA-2016-0379]


Qualification of Drivers; Exemption Applications; Diabetes

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

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

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SUMMARY: FMCSA announces its decision to renew exemptions for 145 
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-2010-0328; FMCSA-2012-0282; 
FMCSA-2012-0283; FMCSA-2014-0308; FMCSA-2014-0309; FMCSA-2016-0225; 
FMCSA-2016-0379 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, [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.

SUPPLEMENTARY INFORMATION: 

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (Docket No. FMCSA-2010-0328; FMCSA-2012-0282; FMCSA-2012-0283; 
FMCSA-2014-0308; FMCSA-2014-0309; FMCSA-2016-0225; FMCSA-2016-0379), 
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-2010-0328; FMCSA-2012-0282; FMCSA-2012-
0283; FMCSA-2014-0308; FMCSA-2014-0309; FMCSA-2016-0225; FMCSA-2016-
0379, 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-2010-0328; FMCSA-2012-0282; FMCSA-2012-
0283; FMCSA-2014-0308; FMCSA-2014-0309; FMCSA-2016-0225; FMCSA-2016-
0379, 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 145 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

[[Page 53950]]

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 a driver's 
medical certification. In accordance with 49 U.S.C. 31136(e) and 31315, 
each of the 145 applicants has satisfied the renewal conditions for 
obtaining an exemption from the diabetes standard (see 75 FR 63536; 75 
FR 77952; 77 FR 63411; 77 FR 64181; 77 FR 75492; 77 FR 75493; 79 FR 
66451; 79 FR 70920; 80 FR 2479; 80 FR 5613; 81 FR 84677; 81 FR 85312; 
81 FR 92941; 82 FR 12880; 82 FR 12890). 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 December 
and are discussed below:
    As of December 9, 2018, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 26 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 66451; 80 FR 
2479; 81 FR 92941):

Travis L. Beck (OH)
Corey C. Bennett (MS)
Nicholas J. Borelli (NJ)
Elvis P. Butler (TN)
John H. Butler (OH)
Michael E. Calvert (TX)
Kevin E. Conti (OH)
Marsh L. Daggett (TX)
Lorenza K. Jefferson (VA)
William O. Johnson, Jr. (IN)
Michael E. Kroll (WI)
Isolina Matos (NJ)
Rex D. McManaway, Sr. (IL)
Steven A. Metternick (MI)
Daniel P. Miller (PA)
Raymond E. Pawloski (MI)
Loren A. Pingel (CO)
Terrence A. Proctor (MD)
Heber E. Rodriguez (VA)
Maurice S. Styles (MN)
Richard J. Thomas (IN)
Kevin E. Tucker (WV)
Robert Vassallo (NY)
Clifford L. White (KS)
Jason L. Woody (KS)
Wesley B. Yokum (PA)

    The drivers were included in docket number FMCSA-2014-0308. Their 
exemptions are applicable as of December 9, 2018, and will expire on 
December 9, 2020.
    As of December 14, 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 (75 FR 63536; 75 FR 
77952; 81 FR 92941):

William V. Barbrie (RI)
John P. Catalano (NJ)
Gary J. Dionne (ID)
Thomas C. Donahue (MA)
Robert Minacapelli (NY)
Joe E. Radabaugh (OH)
Ben D. Shelton, Jr. (IL)
Nestor P. Vargas, Jr. (WA)
Harold A. Wendt (MN)

    The drivers were included in docket number FMCSA-2010-0328. Their 
exemptions are applicable as of December 14, 2018, and will expire on 
December 14, 2020.
    As of December 20, 2018, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 15 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 63411; 77 FR 
64181; 77 FR 75492; 77 FR 75493; 81 FR 92941):

James D. Astle (OH)
Robert E. Carroll (FL)
Thomas L. Gilmore (IA)
Kenneth M. Hansen (IA)
David J. Heppelmann (MN)
Dennis R. Johnson (TN)
Ronald D. Johnston (VA)
Steven M. Knezevich (MI)
Carl E. McCartney (PA)
Fred Nelson, Jr. (PA)
Ricky L. Osterback (WA)
Joseph M. Polkowski, Sr. (PA)
Dan R. Stark (MN)
Mark A. Welch, Jr. (PA)
Bailey G. Zickefoose, Jr. (WV)

    The drivers were included in docket numbers FMCSA-2012-0282; FMCSA-
2012-0283. Their exemptions are applicable as of December 20, 2018, and 
will expire on December 20, 2020.
    As of December 24, 2018, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 32 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 84677; 82 FR 
12890):

Rickey C. Alvis (NC)
Bennie L. Baker (TX)
Darious A. Ballou (NC)
Salauddin Baset (TX)
Ralph G. Caffee (PA)
David L. Cheshire (MI)
Allan S. Clugston (NY)
Jimmy D. Curtis (TX)
Larry D. Dearth (WI)
Keith M. Dickerson (WI)
James J. Dorio (PA)
Virgil J. Erhardt (IA)
Jimmy J. Fanelli (OR)
William L. Garrity (CT)
Robin D. Gibson (DC)
Steven W. Harry (OR)
Jay M. Hill (CO)
Paul J. Horne (NY)
John E. Kerby (NE)
Adam R. Kleist (OR)
Jacob A. Knezevich (NM)
Joel A. Kroll (SD)
Edwin J. Lundquist (MN)
Stephen C. Mickle (AL)
Tyler J. Oakland (NE)
Martin J. Reding (OR)
Daniel A. Rivera (FL)
Gerald J. Rosauer (WI)
Chester G. Selfridge (PA)
Paul A. Sheehan (PA)
Michael W. Sutton (WA)
Noah E. Thompson (AL)

    The drivers were included in docket number FMCSA-2016-0225. Their 
exemptions are applicable as of December 24, 2018, and will expire on 
December 24, 2020.
    As of December 28, 2018, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 26 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 85312; 82 FR 
12880):

Mitchell G. Aucoin (NH)
Nelson T. Barninger (PA)
Thomas J. Bonura (TX)
Todd M. Boughter (PA)
Bradley J. Brown (OH)
Alex Caterson (PA)
Kimberly J. Davis (CT)
Earl C. Duke (VA)
David A. Evans (PA)
Robert H. Haines (PA)
Anthony L. Hamilton (TX)
Donovan K. Helton (VA)
Ricky W. Knudsen (MN)
Brandon S. Koehn (KS)
Stephen B. Macisaac (NY)

[[Page 53951]]

Corey M. McCormack (CA)
Melvin W. Miller (MI)
Anthony H. Patrick (KY)
Danny L. Peterson (WI)
Robert L. Rich, Jr. (MN)
Eugene P. Roever (AR)
Jim W. Royer (MN)
David E. Schoch (NJ)
Joshua D. Taylor (MO)
Clyde L. Weaver (NC)
Jason A. Weiss (IL)

    The drivers were included in docket number FMCSA-2016-0379. Their 
exemptions are applicable as of December 28, 2018, and will expire on 
December 28, 2020.
    As of December 29, 2018, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 37 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 70920; 80 FR 
5613; 81 FR 92941):

Andrew P. Bivens (TN)
Everett D. Blevins (KY)
Kirk J. Brummeler (GA)
Travis M. Bryan (MA)
John W. Condy (NY)
Kevin V. Cook (MO)
Guido Criscuolo, Jr. (CT)
Zachary L. Diehl (IL)
Andrea I. Dirksen (IA)
Clarice L. Dunklin (LA)
Ricky L. Exler (FL)
Paul B. Fuerstenberg (WI)
Nathan M. Gallant (TX)
Louis A. Goodenough (IN)
Tyler L. Gravatt (ID)
Gary W. Honaker (VA)
Rex L. Kreutzer (NE)
Larry D. Lloyd (OR)
Dennis D. Markowski (WA)
William F. Melchert-Dinkel (MN)
Brit K. Miller (SD)
Charles B. Petersen (ID)
Anthony J. Politan (IN)
Emil T. Ricci (PA)
Arturo Robles (WY)
Robert F. Rothbauer (WI)
Michael A. Runyan, Jr. (NC)
John D. Sheets (NH)
Kyle L. Shuman (NY)
Gregory A. Smith (GA)
William S. Spaeth (WI)
Eloy G. Tijerina (TX)
Santos R. Torres (TX)
Leroy A. Traudt (NE)
Gerald S. Volpone, Jr. (MA)
Galen R. Watts (TX)
John E. Wildenmann (KY)

    The drivers were included in docket number FMCSA-2014-0309. Their 
exemptions are applicable as of December 29, 2018, and will expire on 
December 29, 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 145 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. 2018-23330 Filed 10-24-18; 8:45 am]
 BILLING CODE 4910-EX-P

53950 Federal Register / Vol. 83, No. 207 / Thursday, October 25, 2018 / Notices

evidence submitted and, if safety is Daniel P. Miller (PA) As of December 24, 2018, and in
being compromised or if continuation of Raymond E. Pawloski (MI) accordance with 49 U.S.C. 31136(e) and
the exemption would not be consistent Loren A. Pingel (CO) 31315, the following 32 individuals
with the goals and objectives of 49 Terrence A. Proctor (MD) have satisfied the renewal conditions for
U.S.C. 31136(e) and 31315, FMCSA will Heber E. Rodriguez (VA) obtaining an exemption from the rule
take immediate steps to revoke the Maurice S. Styles (MN) prohibiting drivers with ITDM from
exemption of a driver. Richard J. Thomas (IN) driving CMVs in interstate commerce
Kevin E. Tucker (WV) (81 FR 84677; 82 FR 12890):
IV. Basis for Renewing Exemptions Robert Vassallo (NY)
Clifford L. White (KS) Rickey C. Alvis (NC)
Under 49 U.S.C. 31315(b)(1), an Bennie L. Baker (TX)
exemption may be granted for no longer Jason L. Woody (KS)
Wesley B. Yokum (PA) Darious A. Ballou (NC)
than five years from its approval date Salauddin Baset (TX)
and may be renewed upon application. The drivers were included in docket
number FMCSA–2014–0308. Their Ralph G. Caffee (PA)
FMCSA grants exemptions from the David L. Cheshire (MI)
diabetes standard for a two-year period exemptions are applicable as of
Allan S. Clugston (NY)
to align with the maximum duration of December 9, 2018, and will expire on
Jimmy D. Curtis (TX)
a driver’s medical certification. In December 9, 2020.
As of December 14, 2018, and in Larry D. Dearth (WI)
accordance with 49 U.S.C. 31136(e) and Keith M. Dickerson (WI)
31315, each of the 145 applicants has accordance with 49 U.S.C. 31136(e) and
James J. Dorio (PA)
satisfied the renewal conditions for 31315, the following nine individuals
Virgil J. Erhardt (IA)
obtaining an exemption from the have satisfied the renewal conditions for
Jimmy J. Fanelli (OR)
diabetes standard (see 75 FR 63536; 75 obtaining an exemption from the rule
William L. Garrity (CT)
FR 77952; 77 FR 63411; 77 FR 64181; prohibiting drivers with ITDM from
Robin D. Gibson (DC)
77 FR 75492; 77 FR 75493; 79 FR 66451; driving CMVs in interstate commerce
Steven W. Harry (OR)
79 FR 70920; 80 FR 2479; 80 FR 5613; (75 FR 63536; 75 FR 77952; 81 FR
Jay M. Hill (CO)
81 FR 84677; 81 FR 85312; 81 FR 92941; 92941):
Paul J. Horne (NY)
82 FR 12880; 82 FR 12890). They have William V. Barbrie (RI) John E. Kerby (NE)
maintained their required medical John P. Catalano (NJ) Adam R. Kleist (OR)
monitoring and have not exhibited any Gary J. Dionne (ID) Jacob A. Knezevich (NM)
medical issues that would compromise Thomas C. Donahue (MA) Joel A. Kroll (SD)
their ability to safely operate a CMV Robert Minacapelli (NY)
Edwin J. Lundquist (MN)
during the previous two-year exemption Joe E. Radabaugh (OH)
Ben D. Shelton, Jr. (IL) Stephen C. Mickle (AL)
period. These factors provide an Tyler J. Oakland (NE)
Nestor P. Vargas, Jr. (WA)
adequate basis for predicting each Martin J. Reding (OR)
Harold A. Wendt (MN)
driver’s ability to continue to drive Daniel A. Rivera (FL)
safely in interstate commerce. The drivers were included in docket Gerald J. Rosauer (WI)
Therefore, FMCSA concludes that number FMCSA–2010–0328. Their Chester G. Selfridge (PA)
extending the exemption for each of exemptions are applicable as of Paul A. Sheehan (PA)
these drivers for a period of two years December 14, 2018, and will expire on Michael W. Sutton (WA)
is likely to achieve a level of safety December 14, 2020. Noah E. Thompson (AL)
equal to that existing without the As of December 20, 2018, and in
accordance with 49 U.S.C. 31136(e) and The drivers were included in docket
exemption. number FMCSA–2016–0225. Their
In accordance with 49 U.S.C. 31136(e) 31315, the following 15 individuals
have satisfied the renewal conditions for exemptions are applicable as of
and 31315, the following groups of December 24, 2018, and will expire on
drivers received renewed exemptions in obtaining an exemption from the rule
prohibiting drivers with ITDM from December 24, 2020.
the month of December and are As of December 28, 2018, and in
discussed below: driving CMVs in interstate commerce
(77 FR 63411; 77 FR 64181; 77 FR accordance with 49 U.S.C. 31136(e) and
As of December 9, 2018, and in 31315, the following 26 individuals
accordance with 49 U.S.C. 31136(e) and 75492; 77 FR 75493; 81 FR 92941):
have satisfied the renewal conditions for
31315, the following 26 individuals James D. Astle (OH)
obtaining an exemption from the rule
have satisfied the renewal conditions for Robert E. Carroll (FL)
prohibiting drivers with ITDM from
obtaining an exemption from the rule Thomas L. Gilmore (IA)
Kenneth M. Hansen (IA) driving CMVs in interstate commerce
prohibiting drivers with ITDM from (81 FR 85312; 82 FR 12880):
driving CMVs in interstate commerce David J. Heppelmann (MN)
Dennis R. Johnson (TN) Mitchell G. Aucoin (NH)
(79 FR 66451; 80 FR 2479; 81 FR 92941):
Ronald D. Johnston (VA) Nelson T. Barninger (PA)
Travis L. Beck (OH) Thomas J. Bonura (TX)
Steven M. Knezevich (MI)
Corey C. Bennett (MS) Todd M. Boughter (PA)
Carl E. McCartney (PA)
Nicholas J. Borelli (NJ)
Fred Nelson, Jr. (PA) Bradley J. Brown (OH)
Elvis P. Butler (TN)
John H. Butler (OH) Ricky L. Osterback (WA) Alex Caterson (PA)
Michael E. Calvert (TX) Joseph M. Polkowski, Sr. (PA) Kimberly J. Davis (CT)
Kevin E. Conti (OH) Dan R. Stark (MN) Earl C. Duke (VA)
daltland on DSKBBV9HB2PROD with NOTICES

Marsh L. Daggett (TX) Mark A. Welch, Jr. (PA) David A. Evans (PA)
Lorenza K. Jefferson (VA) Bailey G. Zickefoose, Jr. (WV) Robert H. Haines (PA)
William O. Johnson, Jr. (IN) The drivers were included in docket Anthony L. Hamilton (TX)
Michael E. Kroll (WI) numbers FMCSA–2012–0282; FMCSA– Donovan K. Helton (VA)
Isolina Matos (NJ) 2012–0283. Their exemptions are Ricky W. Knudsen (MN)
Rex D. McManaway, Sr. (IL) applicable as of December 20, 2018, and Brandon S. Koehn (KS)
Steven A. Metternick (MI) will expire on December 20, 2020. Stephen B. Macisaac (NY)

VerDate Sep<11>2014 18:10 Oct 24, 2018 Jkt 247001 PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 E:\FR\FM\25OCN1.SGM 25OCN1

Federal Register / Vol. 83, No. 207 / Thursday, October 25, 2018 / Notices 53951

Corey M. McCormack (CA) driver must submit a quarterly DEPARTMENT OF TRANSPORTATION
Melvin W. Miller (MI) monitoring checklist completed by the
Anthony H. Patrick (KY) treating endocrinologist as well as an Federal Motor Carrier Safety
Danny L. Peterson (WI) annual checklist with a comprehensive Administration
Robert L. Rich, Jr. (MN) medical evaluation; (2) each driver must [Docket No. FMCSA–2014–0212]
Eugene P. Roever (AR)
report within two business days of
Jim W. Royer (MN) Qualification of Drivers; Exemption
David E. Schoch (NJ) occurrence, all episodes of severe
hypoglycemia, significant Applications; Epilepsy and Seizure
Joshua D. Taylor (MO)
Clyde L. Weaver (NC) complications, or inability to manage Disorders
Jason A. Weiss (IL) diabetes; also, any involvement in an AGENCY: Federal Motor Carrier Safety
The drivers were included in docket accident or any other adverse event in Administration (FMCSA), DOT.
number FMCSA–2016–0379. Their a CMV or personal vehicle, whether or
ACTION: Notice of renewal of
exemptions are applicable as of not it is related to an episode of exemptions; request for comments.
December 28, 2018, and will expire on hypoglycemia; (3) each driver must
December 28, 2020. submit an annual ophthalmologist’s or SUMMARY: FMCSA announces its
As of December 29, 2018, and in optometrist’s report; and (4) each driver decision to renew exemptions for three
accordance with 49 U.S.C. 31136(e) and must provide a copy of the annual individuals from the requirement in the
31315, the following 37 individuals medical certification to the employer for Federal Motor Carrier Safety
have satisfied the renewal conditions for retention in the driver’s qualification Regulations (FMCSRs) that interstate
obtaining an exemption from the rule file, or keep a copy in his/her driver’s commercial motor vehicle (CMV)
prohibiting drivers with ITDM from qualification file if he/she is self- drivers have ‘‘no established medical
driving CMVs in interstate commerce employed. The driver must also have a history or clinical diagnosis of epilepsy
(79 FR 70920; 80 FR 5613; 81 FR 92941): copy of the exemption when driving, for or any other condition which is likely
Andrew P. Bivens (TN) presentation to a duly authorized to cause loss of consciousness or any
Everett D. Blevins (KY) Federal, State, or local enforcement loss of ability to control a CMV.’’ The
Kirk J. Brummeler (GA) official. The exemption will be exemptions enable these individuals
Travis M. Bryan (MA) who have had one or more seizures and
rescinded if: (1) The person fails to
John W. Condy (NY) are taking anti-seizure medication to
Kevin V. Cook (MO) comply with the terms and conditions
continue to operate CMVs in interstate
Guido Criscuolo, Jr. (CT) of the exemption; (2) the exemption has
commerce.
Zachary L. Diehl (IL) resulted in a lower level of safety than
DATES: The exemptions were applicable
Andrea I. Dirksen (IA) was maintained before it was granted; or
(3) continuation of the exemption would on August 28, 2018. The exemptions
Clarice L. Dunklin (LA)
Ricky L. Exler (FL) expire on August 28, 2020. Comments
not be consistent with the goals and
Paul B. Fuerstenberg (WI) must be received on or before November
objectives of 49 U.S.C. 31136(e) and
Nathan M. Gallant (TX) 26, 2018.
31315.
Louis A. Goodenough (IN) ADDRESSES: You may submit comments
Tyler L. Gravatt (ID) VI. Preemption identified by the Federal Docket
Gary W. Honaker (VA) Management System (FDMS) Docket No.
Rex L. Kreutzer (NE) During the period the exemption is in FMCSA–2014–0212 using any of the
Larry D. Lloyd (OR) effect, no State shall enforce any law or following methods:
Dennis D. Markowski (WA) regulation that conflicts with this • Federal eRulemaking Portal: Go to
William F. Melchert-Dinkel (MN) exemption with respect to a person http://www.regulations.gov. Follow the
Brit K. Miller (SD) operating under the exemption. online instructions for submitting
Charles B. Petersen (ID) comments.
Anthony J. Politan (IN) VII. Conclusion
• Mail: Docket Management Facility;
Emil T. Ricci (PA) Based upon its evaluation of the 145 U.S. Department of Transportation, 1200
Arturo Robles (WY) New Jersey Avenue SE, West Building
Robert F. Rothbauer (WI) exemption applications, FMCSA renews
the exemptions of the aforementioned Ground Floor, Room W12–140,
Michael A. Runyan, Jr. (NC) Washington, DC 20590–0001.
John D. Sheets (NH) drivers from the rule prohibiting drivers
with ITDM from driving CMVs in • Hand Delivery: West Building
Kyle L. Shuman (NY)
interstate commerce. In accordance with Ground Floor, Room W12–140, 1200
Gregory A. Smith (GA)
William S. Spaeth (WI) 49 U.S.C. 31136(e) and 31315, each New Jersey Avenue SE, Washington,
Eloy G. Tijerina (TX) exemption will be valid for two years DC, between 9 a.m. and 5 p.m., ET,
Santos R. Torres (TX) Monday through Friday, except Federal
unless revoked earlier by FMCSA.
Leroy A. Traudt (NE) Holidays.
Gerald S. Volpone, Jr. (MA)
Issued on: October 17, 2018. • Fax: 1–202–493–2251.
Galen R. Watts (TX) Larry W. Minor, To avoid duplication, please use only
John E. Wildenmann (KY) Associate Administrator for Policy. one of these four methods. See the
The drivers were included in docket [FR Doc. 2018–23330 Filed 10–24–18; 8:45 am] ‘‘Public Participation’’ portion of the
number FMCSA–2014–0309. Their SUPPLEMENTARY INFORMATION section for
daltland on DSKBBV9HB2PROD with NOTICES

BILLING CODE 4910–EX–P
exemptions are applicable as of instructions on submitting comments.
December 29, 2018, and will expire on FOR FURTHER INFORMATION CONTACT: Ms.
December 29, 2020. Christine A. Hydock, Chief, Medical
Programs Division, 202–366–4001,
V. Conditions and Requirements fmcsamedical@dot.gov, FMCSA,
The exemptions are extended subject Department of Transportation, 1200
to the following conditions: (1) Each New Jersey Avenue SE, Room W64–224,

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Document Created: 2018-10-25 01:44:13
Document Modified: 2018-10-25 01:44:13

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of renewal of exemptions; request for comments.
Dates		Each group of renewed exemptions were applicable on the dates stated in the discussions below and will expire on the dates stated in the discussions below. Comments must be received on or before November 26, 2018.
Contact		Ms. Christine A. Hydock, Chief, Medical Programs Division, 202-366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5:30 p.m., 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 Citation		83 FR 53949

83 FR 53949 - Qualification of Drivers; Exemption Applications; Diabetes

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

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

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration