83_FR_6723 83 FR 6692 - Qualification of Drivers; Exemption Applications; Diabetes

83 FR 6692 - Qualification of Drivers; Exemption Applications; Diabetes

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 31 (February 14, 2018)

Page Range6692-6694
FR Document2018-03056

FMCSA announces its decision to renew exemptions for 77 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 31 (Wednesday, February 14, 2018)
[Federal Register Volume 83, Number 31 (Wednesday, February 14, 2018)]
[Notices]
[Pages 6692-6694]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03056]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0368; FMCSA-2011-0381; FMCSA-2013-0192; FMCSA-
2013-0193]


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 77 
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 March 16, 
2018.

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.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management

[[Page 6693]]

System (FDMS) Docket No. FMCSA-2011-0368; FMCSA-2011-0381; FMCSA-2013-
0192; FMCSA-2013-0193 using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m. 
e.t., Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the 
docket number(s) for this notice. Note that all comments received will 
be posted without change to http://www.regulations.gov, including any 
personal information provided. Please see the Privacy Act heading below 
for further information.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov at any time or Room W12-140 
on the ground level of the West Building, 1200 New Jersey Avenue SE, 
Washington, DC, between 9 a.m. and 5 p.m. e.t., Monday through Friday, 
except Federal holidays. The FDMS is available 24 hours each day e.t., 
365 days each year. If you want acknowledgment that we received your 
comments, please include a self-addressed, stamped envelope or postcard 
or print the acknowledgement page that appears after submitting 
comments online.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to http://www.regulations.gov, as described in 
the system of records notice (DOT/ALL-14 FDMS), which can be reviewed 
at http://www.dot.gov/privacy.

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 77 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 77 applicants has satisfied the renewal conditions for obtaining an 
exemption from the diabetes requirement (77 FR 3549; 77 FR 5870; 77 FR 
13685; 77 FR 17116; 78 FR 78479; 78 FR 79062; 79 FR 12567; 79 FR 13086; 
81 FR 14210). 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 March and 
are discussed below:
    As of March 5, 2018, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 31 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (78 FR 79062; 79 FR 
12567; 81 FR 14210):

David E. Ames (IL)
Christopher D. Burks (MA)
Larry D. Burton (IL)
Anthony D. Chrisley (CA)
Henry Collins (MO)
John B. Conway, Jr. (NC)
Douglas E. Erney (IN)
William C. Flom (IA)
Brian A. Griep (IA)
Ronnie Harrington (MS)
Andrew P. Hines (OH)
Aaron C. Kaplan (CA)
Sigmund E. Keller (NY)
Derl T. Martin (MO)
Ronald E. Mullard (AL)
Justin C. Orr (OH)
Kevin L. Otto (OH)
Larry H. Painter (PA)
Robert K. Patterson (IA)
Albert M. Purdy (PA)
Adam Ranzy (MO)
Thomas F. Scanlon (NJ)
Harrison G. Simmons (MO)
Scott A. Stout (FL)
Walter D. Strang, IV (CT)
Mark A. Torres (MA)
Eric A. Vernon (IA)
Marvin L. Vonk (IA)
Kelly J. Walstad (MN)
John R. Wappes (OH)
Rickey A. Wulf (IA)

    The drivers were included in docket number FMCSA-2013-0193. Their 
exemptions are applicable as of March 5, 2018, and will expire on March 
5, 2020.
    As of March 7, 2018, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 34 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 3549; 77 FR 
13685; 78 FR 78479; 79 FR 13086; 81 FR 14210):

Chad E. Anger (WI)
Edward Blake (GA)
Brian Chase (VA)
Nicholas P. Dube (RI)
James W. Dusing (MN)
Manel Elizondo (TX)
Michael K. Farris (IN)
Menino Fernandes (IL)
Craig J. Gadley, Sr. (NY)
Mary F. Guilfoy (IN)
Matthew E. Hay (TX)
Edward S. Ionescu (IL)

[[Page 6694]]

Jeffrey P. James (AR)
Tracy N. Jenkins (DE)
Gregory A. King (NC)
Matthew R. Linehan (NY)
Cory A. Meadows (OH)
Ashun R. Merritt (GA)
Herbert A. Morton (CA)
Jayrome B. Rimolde (MN)
Gale Roland (PA)
John L. Scherette (WA)
Kelly T. Scholl (MN)
James P. Shurkus (NH)
Gregory G. Sisco (IA)
Travers L. Stephens (GA)
Brittany K. Tomasko (CA)
Daren Warren (NY)
Alan T. Whalen (NY)
Thomas L. Whitley (IN)
Randall S. Williams (PA)
Tomme J. Wirth (IA)
Joshua C. Wyse (OH)
Rowland P. Yee (HI)

    The drivers were included in docket numbers FMCSA-2011-0368; FMCSA-
2013-0192. Their exemptions are applicable as of March 7, 2018, and 
will expire on March 7, 2020.
    As of March 23, 2018, and in accordance with 49 U.S.C. 31136(e) and 
31315, the following 12 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 5870; 77 FR 
17116; 81 FR 14210):

Roger L. Arcan, Jr. (MA)
Marsha M. Colberg (WA)
Robert D. Crissinger (MN)
Scott W. Forsyth, Jr. (CO)
Fritz D. Gregory (UT)
Anthony P. Kesselring (FL)
Don R. Kivi (ND)
Vincent Ligotti (NY)
Michael R. Miller (PA)
Jack L. Phippen (WI)
Richard A. Purk (CA)
Jack A. Tidey (AR)

    The drivers were included in docket number FMCSA-2011-0381. Their 
exemptions are applicable as of March 23, 2018, and will expire on 
March 23, 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 77 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: February 7, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-03056 Filed 2-13-18; 8:45 am]
BILLING CODE 4910-EX-P



                                               6692                      Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices

                                               in 2017 and certified that he has had no                Daniel J. Woodring                                    period. FMCSA may issue a final
                                               severe hypoglycemic reactions resulting                   Mr. Woodring, 46, has had ITDM                      determination at any time after the close
                                               in loss of consciousness, requiring the                 since 2012. His endocrinologist                       of the comment period.
                                               assistance of another person, or                        examined him in 2017 and certified that               V. Viewing Comments and Documents
                                               resulting in impaired cognitive function                he has had no severe hypoglycemic
                                               that occurred without warning in the                    reactions resulting in loss of                          To view comments, as well as any
                                               past 12 months and no recurrent (two or                 consciousness, requiring the assistance               documents mentioned in this preamble,
                                               more) severe hypoglycemic episodes in                   of another person, or resulting in                    go to http://www.regulations.gov and in
                                               the last five years. His endocrinologist                impaired cognitive function that                      the search box insert the docket number
                                               certifies that Mr. Warnock understands                  occurred without warning in the past 12               FMCSA–2018–0020 and click ‘‘Search.’’
                                               diabetes management and monitoring,                     months and no recurrent (two or more)                 Next, click ‘‘Open Docket Folder’’ and
                                               has stable control of his diabetes using                severe hypoglycemic episodes in the                   you will find all documents and
                                               insulin, and is able to drive a CMV                     last five years. His endocrinologist                  comments related to this notice.
                                               safely. Mr. Warnock meets the                           certifies that Mr. Woodring understands                 Issued on: February 7, 2018.
                                               requirements of the vision standard at                  diabetes management and monitoring,                   Larry W. Minor,
                                               49 CFR 391.41(b)(10). His optometrist                   has stable control of his diabetes using              Associate Administrator for Policy.
                                               examined him in 2017 and certified that                 insulin, and is able to drive a CMV                   [FR Doc. 2018–03057 Filed 2–13–18; 8:45 am]
                                               he does not have diabetic retinopathy.                  safely. Mr. Woodring meets the
                                               He holds a Class A CDL from                                                                                   BILLING CODE 4910–EX–P
                                                                                                       requirements of the vision standard at
                                               Washington.                                             49 CFR 391.41(b)(10). His
                                               John R. Wohlers                                         ophthalmologist examined him in 2017                  DEPARTMENT OF TRANSPORTATION
                                                                                                       and certified that he has stable
                                                 Mr. Wohlers, 53, has had ITDM since
                                                                                                       nonproliferative diabetic retinopathy.                Federal Motor Carrier Safety
                                               1991. His endocrinologist examined him
                                                                                                       He holds a Class A CDL from Michigan.                 Administration
                                               in 2017 and certified that he has had no
                                               severe hypoglycemic reactions resulting                 III. Request for Comments                             [Docket No. FMCSA–2011–0368; FMCSA–
                                               in loss of consciousness, requiring the                    In accordance with 49 U.S.C. 31136(e)              2011–0381; FMCSA–2013–0192; FMCSA–
                                               assistance of another person, or                                                                              2013–0193]
                                                                                                       and 31315, FMCSA requests public
                                               resulting in impaired cognitive function                comment from all interested persons on
                                               that occurred without warning in the                                                                          Qualification of Drivers; Exemption
                                                                                                       the exemption petitions described in                  Applications; Diabetes
                                               past 12 months and no recurrent (two or                 this notice. We will consider all
                                               more) severe hypoglycemic episodes in                   comments received before the close of                 AGENCY: Federal Motor Carrier Safety
                                               the last five years. His endocrinologist                business on the closing date indicated                Administration (FMCSA), DOT.
                                               certifies that Mr. Wohlers understands                  in the dates section of the notice.                   ACTION: Notice of renewal of
                                               diabetes management and monitoring,
                                                                                                       IV. Submitting Comments                               exemptions; request for comments.
                                               has stable control of his diabetes using
                                               insulin, and is able to drive a CMV                        You may submit your comments and                   SUMMARY:   FMCSA announces its
                                               safely. Mr. Wohlers meets the                           material online or by fax, mail, or hand              decision to renew exemptions for 77
                                               requirements of the vision standard at                  delivery, but please use only one of                  individuals from its prohibition in the
                                               49 CFR 391.41(b)(10). His                               these means. FMCSA recommends that                    Federal Motor Carrier Safety
                                               ophthalmologist examined him in 2017                    you include your name and a mailing                   Regulations (FMCSRs) against persons
                                               and certified that he has stable                        address, an email address, or a phone                 with insulin-treated diabetes mellitus
                                               nonproliferative diabetic retinopathy.                  number in the body of your document                   (ITDM) from operating commercial
                                               He holds an operator’s license from                     so that FMCSA can contact you if there                motor vehicles (CMVs) in interstate
                                               Wisconsin.                                              are questions regarding your                          commerce. The exemptions enable these
                                               David L. Woodfill                                       submission.                                           individuals with ITDM to continue to
                                                                                                          To submit your comment online, go to               operate CMVs in interstate commerce.
                                                 Mr. Woodfill, 57, has had ITDM since                  http://www.regulations.gov and in the
                                               2016. His endocrinologist examined him                                                                        DATES: Each group of renewed
                                                                                                       search box insert the docket number                   exemptions were applicable on the
                                               in 2017 and certified that he has had no                FMCSA–2018–0020 and click the search
                                               severe hypoglycemic reactions resulting                                                                       dates stated in the discussions below
                                                                                                       button. When the new screen appears,                  and will expire on the dates stated in
                                               in loss of consciousness, requiring the                 click on the blue ‘‘Comment Now!’’
                                               assistance of another person, or                                                                              the discussions below. Comments must
                                                                                                       button on the right hand side of the
                                               resulting in impaired cognitive function                                                                      be received on or before March 16, 2018.
                                                                                                       page. On the new page, enter
                                               that occurred without warning in the                    information required including the                    FOR FURTHER INFORMATION CONTACT: Ms.
                                               past 12 months and no recurrent (two or                 specific section of this document to                  Christine A. Hydock, Chief, Medical
                                               more) severe hypoglycemic episodes in                   which each comment applies, and                       Programs Division, 202–366–4001,
                                               the last five years. His endocrinologist                provide a reason for each suggestion or               fmcsamedical@dot.gov, FMCSA,
                                               certifies that Mr. Woodfill understands                 recommendation. If you submit your                    Department of Transportation, 1200
                                               diabetes management and monitoring,                     comments by mail or hand delivery,                    New Jersey Avenue SE, Room W64–224,
                                               has stable control of his diabetes using                submit them in an unbound format, no                  Washington, DC 20590–0001. Office
                                               insulin, and is able to drive a CMV                     larger than 81⁄2 by 11 inches, suitable for           hours are from 8:30 a.m. to 5:30 p.m.
daltland on DSKBBV9HB2PROD with NOTICES




                                               safely. Mr. Woodfill meets the                          copying and electronic filing. If you                 e.t., Monday through Friday, except
                                               requirements of the vision standard at                  submit comments by mail and would                     Federal holidays. If you have questions
                                               49 CFR 391.41(b)(10). His optometrist                   like to know that they reached the                    regarding viewing or submitting
                                               examined him in 2017 and certified that                 facility, please enclose a stamped, self-             material to the docket, contact Docket
                                               he does not have diabetic retinopathy.                  addressed postcard or envelope.                       Services, telephone (202) 366–9826.
                                               He holds an operator’s license from                        We will consider all comments and                  ADDRESSES: You may submit comments
                                               California.                                             materials received during the comment                 bearing the Federal Docket Management


                                          VerDate Sep<11>2014   22:07 Feb 13, 2018   Jkt 244001   PO 00000   Frm 00186   Fmt 4703   Sfmt 4703   E:\FR\FM\14FEN1.SGM   14FEN1


                                                                         Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices                                            6693

                                               System (FDMS) Docket No. FMCSA–                         exemptions from the FMCSRs for a two-                 the month of March and are discussed
                                               2011–0368; FMCSA–2011–0381;                             year period to align with the maximum                 below:
                                               FMCSA–2013–0192; FMCSA–2013–                            duration of a driver’s medical                           As of March 5, 2018, and in
                                               0193 using any of the following                         certification.                                        accordance with 49 U.S.C. 31136(e) and
                                               methods:                                                   The physical qualification standard                31315, the following 31 individuals
                                                  • Federal eRulemaking Portal: Go to                  for drivers regarding diabetes found in               have satisfied the renewal conditions for
                                               http://www.regulations.gov. Follow the                  49 CFR 391.41(b)(3) states that a person              obtaining an exemption from the rule
                                               online instructions for submitting                      is physically qualified to drive a CMV                prohibiting drivers with ITDM from
                                               comments.                                               if that person has no established                     driving CMVs in interstate commerce
                                                  • Mail: Docket Management Facility;                  medical history or clinical diagnosis of              (78 FR 79062; 79 FR 12567; 81 FR
                                               U.S. Department of Transportation, 1200                 diabetes mellitus currently requiring                 14210):
                                               New Jersey Avenue SE, West Building                     insulin for control.                                  David E. Ames (IL)
                                               Ground Floor, Room W12–140,                                The 77 individuals listed in this                  Christopher D. Burks (MA)
                                               Washington, DC 20590–0001.                              notice have requested renewal of their                Larry D. Burton (IL)
                                                  • Hand Delivery: West Building                       exemptions from the diabetes standard                 Anthony D. Chrisley (CA)
                                               Ground Floor, Room W12–140, 1200                        in 49 CFR 391.41(b)(3), in accordance                 Henry Collins (MO)
                                               New Jersey Avenue SE, Washington,                       with FMCSA procedures. Accordingly,                   John B. Conway, Jr. (NC)
                                               DC, between 9 a.m. and 5 p.m. e.t.,                     FMCSA has evaluated these                             Douglas E. Erney (IN)
                                               Monday through Friday, except Federal                   applications for renewal on their merits              William C. Flom (IA)
                                               holidays.                                               and decided to extend each exemption                  Brian A. Griep (IA)
                                                  • Fax: 1–202–493–2251.                               for a renewable two-year period.                      Ronnie Harrington (MS)
                                                  Instructions: Each submission must
                                                                                                       II. Request for Comments                              Andrew P. Hines (OH)
                                               include the Agency name and the
                                                                                                          Interested parties or organizations                Aaron C. Kaplan (CA)
                                               docket number(s) for this notice. Note
                                                                                                       possessing information that would                     Sigmund E. Keller (NY)
                                               that all comments received will be
                                                                                                       otherwise show that any, or all, of these             Derl T. Martin (MO)
                                               posted without change to http://
                                                                                                       drivers are not currently achieving the               Ronald E. Mullard (AL)
                                               www.regulations.gov, including any
                                                                                                                                                             Justin C. Orr (OH)
                                               personal information provided. Please                   statutory level of safety should
                                                                                                                                                             Kevin L. Otto (OH)
                                               see the Privacy Act heading below for                   immediately notify FMCSA. The
                                                                                                                                                             Larry H. Painter (PA)
                                               further information.                                    Agency will evaluate any adverse
                                                                                                                                                             Robert K. Patterson (IA)
                                                  Docket: For access to the docket to                  evidence submitted and, if safety is
                                                                                                                                                             Albert M. Purdy (PA)
                                               read background documents or                            being compromised or if continuation of
                                                                                                                                                             Adam Ranzy (MO)
                                               comments, go to http://                                 the exemption would not be consistent
                                                                                                                                                             Thomas F. Scanlon (NJ)
                                               www.regulations.gov at any time or                      with the goals and objectives of 49
                                                                                                                                                             Harrison G. Simmons (MO)
                                               Room W12–140 on the ground level of                     U.S.C. 31136(e) and 31315, FMCSA will
                                                                                                                                                             Scott A. Stout (FL)
                                               the West Building, 1200 New Jersey                      take immediate steps to revoke the
                                                                                                                                                             Walter D. Strang, IV (CT)
                                               Avenue SE, Washington, DC, between 9                    exemption of a driver.                                Mark A. Torres (MA)
                                               a.m. and 5 p.m. e.t., Monday through                                                                          Eric A. Vernon (IA)
                                                                                                       III. Basis for Renewing Exemptions
                                               Friday, except Federal holidays. The                                                                          Marvin L. Vonk (IA)
                                               FDMS is available 24 hours each day                        Under 49 U.S.C. 31315(b)(1), an
                                                                                                       exemption may be granted for no longer                Kelly J. Walstad (MN)
                                               e.t., 365 days each year. If you want                                                                         John R. Wappes (OH)
                                               acknowledgment that we received your                    than two years from its approval date
                                                                                                       and may be renewed upon application.                  Rickey A. Wulf (IA)
                                               comments, please include a self-
                                               addressed, stamped envelope or                          In accordance with 49 U.S.C. 31136(e)                    The drivers were included in docket
                                               postcard or print the acknowledgement                   and 31315, each of the 77 applicants has              number FMCSA–2013–0193. Their
                                               page that appears after submitting                      satisfied the renewal conditions for                  exemptions are applicable as of March
                                               comments online.                                        obtaining an exemption from the                       5, 2018, and will expire on March 5,
                                                  Privacy Act: In accordance with 5                    diabetes requirement (77 FR 3549; 77 FR               2020.
                                               U.S.C. 553(c), DOT solicits comments                    5870; 77 FR 13685; 77 FR 17116; 78 FR                    As of March 7, 2018, and in
                                               from the public to better inform its                    78479; 78 FR 79062; 79 FR 12567; 79 FR                accordance with 49 U.S.C. 31136(e) and
                                               rulemaking process. DOT posts these                     13086; 81 FR 14210). They have                        31315, the following 34 individuals
                                               comments, without edit, including any                   maintained their required medical                     have satisfied the renewal conditions for
                                               personal information the commenter                      monitoring and have not exhibited any                 obtaining an exemption from the rule
                                               provides, to http://www.regulations.gov,                medical issues that would compromise                  prohibiting drivers with ITDM from
                                               as described in the system of records                   their ability to safely operate a CMV                 driving CMVs in interstate commerce
                                               notice (DOT/ALL–14 FDMS), which can                     during the previous two-year exemption                (77 FR 3549; 77 FR 13685; 78 FR 78479;
                                               be reviewed at http://www.dot.gov/                      period. These factors provide an                      79 FR 13086; 81 FR 14210):
                                               privacy.                                                adequate basis for predicting each                    Chad E. Anger (WI)
                                                                                                       driver’s ability to continue to drive                 Edward Blake (GA)
                                               I. Background                                           safely in interstate commerce.                        Brian Chase (VA)
                                                  Under 49 U.S.C. 31136(e) and 31315,                  Therefore, FMCSA concludes that                       Nicholas P. Dube (RI)
                                               FMCSA may grant an exemption for five                   extending the exemption for each of                   James W. Dusing (MN)
daltland on DSKBBV9HB2PROD with NOTICES




                                               years if it finds ‘‘such exemption would                these drivers for a period of two years               Manel Elizondo (TX)
                                               likely achieve a level of safety that is                is likely to achieve a level of safety                Michael K. Farris (IN)
                                               equivalent to or greater than the level                 equal to that existing without the                    Menino Fernandes (IL)
                                               that would be achieved absent such                      exemption.                                            Craig J. Gadley, Sr. (NY)
                                               exemption.’’ The statute also allows the                   In accordance with 49 U.S.C. 31136(e)              Mary F. Guilfoy (IN)
                                               Agency to renew exemptions at the end                   and 31315, the following groups of                    Matthew E. Hay (TX)
                                               of the five-year period. FMCSA grants                   drivers received renewed exemptions in                Edward S. Ionescu (IL)


                                          VerDate Sep<11>2014   22:07 Feb 13, 2018   Jkt 244001   PO 00000   Frm 00187   Fmt 4703   Sfmt 4703   E:\FR\FM\14FEN1.SGM   14FEN1


                                               6694                      Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices

                                               Jeffrey P. James (AR)                                   not it is related to an episode of                    exemptions will enable these
                                               Tracy N. Jenkins (DE)                                   hypoglycemia; (3) each driver must                    individuals to operate CMVs in
                                               Gregory A. King (NC)                                    submit an annual ophthalmologist’s or                 interstate commerce without meeting
                                               Matthew R. Linehan (NY)                                 optometrist’s report; and (4) each driver             the vision requirement in one eye.
                                               Cory A. Meadows (OH)                                    must provide a copy of the annual                     DATES: Comments must be received on
                                               Ashun R. Merritt (GA)                                   medical certification to the employer for             or before March 16, 2018.
                                               Herbert A. Morton (CA)                                  retention in the driver’s qualification               ADDRESSES: You may submit comments
                                               Jayrome B. Rimolde (MN)                                 file, or keep a copy in his/her driver’s              bearing the Federal Docket Management
                                               Gale Roland (PA)                                        qualification file if he/she is self-                 System (FDMS) Docket No. FMCSA–
                                               John L. Scherette (WA)                                  employed. The driver must also have a                 2018–0006 using any of the following
                                               Kelly T. Scholl (MN)                                    copy of the exemption when driving, for               methods:
                                               James P. Shurkus (NH)                                   presentation to a duly authorized                       • Federal eRulemaking Portal: Go to
                                               Gregory G. Sisco (IA)                                   Federal, State, or local enforcement                  http://www.regulations.gov. Follow the
                                               Travers L. Stephens (GA)                                official. The exemption will be                       online instructions for submitting
                                               Brittany K. Tomasko (CA)                                rescinded if: (1) The person fails to                 comments.
                                               Daren Warren (NY)                                       comply with the terms and conditions                    • Mail: Docket Management Facility;
                                               Alan T. Whalen (NY)                                     of the exemption; (2) the exemption has               U.S. Department of Transportation, 1200
                                               Thomas L. Whitley (IN)                                  resulted in a lower level of safety than              New Jersey Avenue SE, West Building
                                               Randall S. Williams (PA)                                was maintained before it was granted; or              Ground Floor, Room W12–140,
                                               Tomme J. Wirth (IA)                                     (3) continuation of the exemption would               Washington, DC 20590–0001.
                                               Joshua C. Wyse (OH)                                     not be consistent with the goals and                    • Hand Delivery: West Building
                                               Rowland P. Yee (HI)                                     objectives of 49 U.S.C. 31136(e) and                  Ground Floor, Room W12–140, 1200
                                                  The drivers were included in docket                  31315.                                                New Jersey Avenue SE, Washington,
                                               numbers FMCSA–2011–0368; FMCSA–                         V. Preemption                                         DC, between 9 a.m. and 5 p.m., e.t.,
                                               2013–0192. Their exemptions are                                                                               Monday through Friday, except Federal
                                               applicable as of March 7, 2018, and will                   During the period the exemption is in              Holidays.
                                               expire on March 7, 2020.                                effect, no State shall enforce any law or               • Fax: 1–202–493–2251.
                                                  As of March 23, 2018, and in                         regulation that conflicts with this                      Instructions: Each submission must
                                               accordance with 49 U.S.C. 31136(e) and                  exemption with respect to a person                    include the Agency name and the
                                               31315, the following 12 individuals                     operating under the exemption.                        docket number(s) for this notice. Note
                                               have satisfied the renewal conditions for               VI. Conclusion                                        that all comments received will be
                                               obtaining an exemption from the rule                                                                          posted without change to http://
                                                                                                         Based upon its evaluation of the 77
                                               prohibiting drivers with ITDM from                                                                            www.regulations.gov, including any
                                                                                                       exemption applications, FMCSA renews
                                               driving CMVs in interstate commerce                                                                           personal information provided. Please
                                                                                                       the exemptions of the aforementioned
                                               (77 FR 5870; 77 FR 17116; 81 FR 14210):                                                                       see the Privacy Act heading below for
                                                                                                       drivers from the rule prohibiting drivers
                                               Roger L. Arcan, Jr. (MA)                                                                                      further information.
                                                                                                       with ITDM from driving CMVs in                           Docket: For access to the docket to
                                               Marsha M. Colberg (WA)                                  interstate commerce. In accordance with
                                               Robert D. Crissinger (MN)                                                                                     read background documents or
                                                                                                       49 U.S.C. 31136(e) and 31315, each                    comments, go to http://
                                               Scott W. Forsyth, Jr. (CO)                              exemption will be valid for two years
                                               Fritz D. Gregory (UT)                                                                                         www.regulations.gov at any time or
                                                                                                       unless revoked earlier by FMCSA.                      Room W12–140 on the ground level of
                                               Anthony P. Kesselring (FL)
                                               Don R. Kivi (ND)                                          Issued on: February 7, 2018.                        the West Building, 1200 New Jersey
                                               Vincent Ligotti (NY)                                    Larry W. Minor,                                       Avenue SE, Washington, DC, between 9
                                               Michael R. Miller (PA)                                  Associate Administrator for Policy.                   a.m. and 5 p.m., e.t., Monday through
                                               Jack L. Phippen (WI)                                    [FR Doc. 2018–03056 Filed 2–13–18; 8:45 am]           Friday, except Federal holidays. The
                                               Richard A. Purk (CA)                                    BILLING CODE 4910–EX–P                                FDMS is available 24 hours each day,
                                               Jack A. Tidey (AR)                                                                                            365 days each year. If you want
                                                  The drivers were included in docket                                                                        acknowledgment that we received your
                                               number FMCSA–2011–0381. Their                           DEPARTMENT OF TRANSPORTATION                          comments, please include a self-
                                               exemptions are applicable as of March                                                                         addressed, stamped envelope or
                                                                                                       Federal Motor Carrier Safety                          postcard or print the acknowledgement
                                               23, 2018, and will expire on March 23,                  Administration
                                               2020.                                                                                                         page that appears after submitting
                                                                                                       [Docket No. FMCSA–2018–0006]                          comments online.
                                               IV. Conditions and Requirements                                                                                  Privacy Act: In accordance with 5
                                                  The exemptions are extended subject                  Qualification of Drivers; Exemption                   U.S.C. 553(c), DOT solicits comments
                                               to the following conditions: (1) Each                   Applications; Vision                                  from the public to better inform its
                                               driver must submit a quarterly                                                                                rulemaking process. DOT posts these
                                                                                                       AGENCY: Federal Motor Carrier Safety                  comments, without edit, including any
                                               monitoring checklist completed by the                   Administration (FMCSA), DOT.
                                               treating endocrinologist as well as an                                                                        personal information the commenter
                                                                                                       ACTION: Notice of applications for                    provides, to http://www.regulations.gov,
                                               annual checklist with a comprehensive                   exemption; request for comments.
                                               medical evaluation; (2) each driver must                                                                      as described in the system of records
daltland on DSKBBV9HB2PROD with NOTICES




                                               report within two business days of                      SUMMARY:   FMCSA announces receipt of                 notice (DOT/ALL–14 FDMS), which can
                                               occurrence, all episodes of severe                      applications from 11 individuals for an               be reviewed at http://www.dot.gov/
                                               hypoglycemia, significant                               exemption from the vision requirement                 privacy.
                                               complications, or inability to manage                   in the Federal Motor Carrier Safety                   FOR FURTHER INFORMATION CONTACT: Ms.
                                               diabetes; also, any involvement in an                   Regulations (FMCSRs) to operate a                     Christine A. Hydock, Chief, Medical
                                               accident or any other adverse event in                  commercial motor vehicle (CMV) in                     Programs Division, (202) 366–4001,
                                               a CMV or personal vehicle, whether or                   interstate commerce. If granted, the                  fmcsamedical@dot.gov, FMCSA,


                                          VerDate Sep<11>2014   22:07 Feb 13, 2018   Jkt 244001   PO 00000   Frm 00188   Fmt 4703   Sfmt 4703   E:\FR\FM\14FEN1.SGM   14FEN1



Document Created: 2018-02-14 03:59:09
Document Modified: 2018-02-14 03:59:09
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 March 16, 2018.
ContactMs. Christine A. Hydock, Chief, Medical Programs Division, 202-366-4001, [email protected], FMCSA, Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5:30 p.m. e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826.
FR Citation83 FR 6692 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR