83 FR 6712 - Qualification of Drivers; Exemption Applications; Diabetes
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 31 (February 14, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 31 (February 14, 2018)
| Page Range | 6712-6715 | |
| FR Document | 2018-03047 |
[Federal Register Volume 83, Number 31 (Wednesday, February 14, 2018)] [Notices] [Pages 6712-6715] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-03047] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2009-0290; FMCSA-2009-0289; FMCSA-2011-0300; FMCSA- 2013-0190; FMCSA-2013-0191; FMCSA-2015-0338; FMCSA-2015-0339; FMCSA- 2015-0340] 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 186 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, fmcsamedical@dot.gov, FMCSA, Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5:30 p.m., e.t., Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) Docket No. FMCSA-2009-0290; FMCSA-2009-0289; FMCSA-2011-0300; FMCSA-2013-0190; FMCSA-2013-0191; FMCSA-2015-0338; FMCSA-2015-0339; FMCSA-2015-0340 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, [[Page 6713]] 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 from the FMCSRs for a five-year period 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 186 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 186 applicants has satisfied the renewal conditions for obtaining an exemption from the diabetes requirement (74 FR 55890; 74 FR 65836; 75 FR 1449; 75 FR 4622; 76 FR 71112; 77 FR 532; 78 FR 65034; 78 FR 68139; 79 FR 3917; 79 FR 4807; 80 FR 77408; 80 FR 79402; 80 FR 81415; 80 FR 81667). 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 January and are discussed below: As of January 5, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 16 individuals have satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce (76 FR 71112; 77 FR 532; 80 FR 81667): Mark A. Aspden (MA) Rodney C. Backus (NY) Gary L. Breitenbach (SC) Gerald R. Curran (PA) Matthew G. Denisov (NC) Steven W. Gerling (IA) Jackie D. Greenlee (MO) Gregory L. Horton (GA) Justin W. Jackson (OK) David T. Kylander (MO) Kevin A. Perdue (MD) Michael E. Pleak (IN) Christopher C. Stephenson (KS) Todd J. Timmerman (WI) Richard L. White (MS) Paul A. Wright (NY) The drivers were included in docket number FMCSA-2011-0300. Their exemptions are applicable as of January 5, 2018, and will expire on January 5, 2020. As of January 11, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 23 individuals have satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce (74 FR 55890; 75 FR 1449; 80 FR 81667): Eric M. Butz (OH) Rita A. Cefaratti (CT) Gerald F. Crowley (NY) Scott J. Denham (MN) Larry E. Dickerson (GA) David E. Ginter (PA) William H. Goebel (IA) Joseph L. Gray, III (PA) Ryan R. Harris (IA) Carroll J. Hartsell (WV) Keith M. Huels (AZ) Daniel R. Jackson (PA) Curtis W. Keelin, Jr. (WY) Patrick J. Krueger (WI) Tammy Lynn F. Manuel (SC) Francisco J. Martinez (MA) Andrew W. Myer (NE) Chad A. Nelson (UT) David W. Olson (AZ) Mark E. Pascoe (WI) Terry L. Riddell (IN) Roger L. Summerfield (WI) Jimmy P. Wright (TX) The drivers were included in docket number FMCSA-2009-0289. Their exemptions are applicable as of January 11, 2018, and will expire on January 11, 2020. As of January 14, 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 (80 FR 77408): Jessie L. Arrant, Jr. (GA) Joseph M. Benech (RI) Shane M. Burgard (MN) Wesley O. Davis (SC) Steven P. DelPizzo (PA) Gregory P. Doyle (CO) Timothy D. Funk (IL) Diane M. Greenberg (VA) [[Page 6714]] Brent P. Griswold (NY) Earl E. Hudson, III (SC) Gregory A. Huffman (TX) Robert D. Lair, Jr. (AR) Mark A. Leman (IL) Michael S. Massa (PA) Derek D. Patrick (MI) Joseph M. Petrucci (NH) James W. Prather (OH) Edward O. Prosser (RI) Dennis L. Ruff (WA) William J. Shrader (CA) Ronald L. Smith (KS) Wayne D. Smith (VT) Carnnell A. Taite (MI) Robert S. Townsend (NH) Zachary C. Warrick (NE) Zachary C. White (CA) The drivers were included in docket number FMCSA-2015-0338. Their exemptions are applicable as of January 14, 2018, and will expire on January 14, 2020. As of January 21, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 35 individuals have satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce (80 FR 79402): Randall S. Blight (MI) George S. Callahan (IN) Myron D. Collins (CO) Paul E. Costello (NE) Pete J. Dewitt (CA) Frank A. Earullo (IL) Isadios P. Harris (NJ) David A. Heine (ND) Logan L. Jackson (CA) Elie Jean (NJ) Dean L. Jerpseth (MN) Terrence P. Lescamela (MI) Russell D. Logan (NC) Tommaso Maccarrone (NJ) Raymond Mendez (NY) Anthony J. Miller (PA) Marlin D. Milliken (PA) Charles A. Mims (AL) Gustavo A. Mojica (FL) Timmothy S. Pederson (SD) Carlos J. Perez-Beltran (PA) Seth A. Piel (WI) Carlos M. Pinto, (NY) Peter C. Poungded (CA) Michael D. Prestby (IA) Wilson Rosado (IN) Jason G. Ross (CA) Sandra J. Sexton (IL) Jacob A. Small (NJ) Dale L. Vaughan (MO) Tyler J. Vogt (IL) Christoph Wagner (NJ) Russell J. Welke (WI) Donald L. Westbrook (PA) David M. Wike (NC) The drivers were included in docket number FMCSA-2015-0339. Their exemptions are applicable as of January 21, 2018, and will expire on January 21, 2020. As of January 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 (78 FR 65034; 79 FR 3917; 80 FR 81667): Clair H. Gilmore (WA) Michael Kollos (MN) Daniel T. Lindahl (WI) James F. McSweeney (NH) Eric W. Miller (IN) William J. Rodgers (PA) Mark A. Rosenau (MN) Daniel B. Shaw (FL) John C. Thomas (IN) Richard Wasko (FL) Douglas E. Wilhoit (PA) Richard A. Wilk (OH) The drivers were included in docket number FMCSA-2015-0338. Their exemptions are applicable as of January 23, 2018, and will expire on January 23, 2020. As of January 28, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 21 individuals have satisfied the renewal conditions for obtaining an exemption from the rule prohibiting drivers with ITDM from driving CMVs in interstate commerce (74 FR 65836; 75 FR 4622; 80 FR 81667): Bob A. Bauer (WI) Michael P. Berger (ND) William D. Blosch (GA) Victor M. Brunner (WI) Tom L. Cooley (KS) Robert G. Dohman, Jr. (ND) Danny E. Edmonson (GA) Andrew C. Everett (AZ) Donald W. Hansen (ND) Joseph S. Hernandez (NM) Jordan T. Johnston (IN) Jere W. Kirkpatrick (OH) Kyle A. Leach (NE) Robert J. Lewis, Jr. (VT) Stacy R. Oberholzer (PA) Michael S. Ogle (GA) Walter L. Patrick (TN) Richard A. Piercefield, Sr. (MI) Kevin A. Roginski (PA) Bruce M. Stockton (MO) Todd R. Vickers (MD) The drivers were included in docket number FMCSA-2009-0290. Their exemptions are applicable as of January 28, 2018, and will expire on January 28, 2020. As of January 29, 2018, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 53 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 68139; 79 FR 4807; 80 FR 81415; 80 FR 81667): Elmer W. Barrall (DE) Earl Bland (MO) Kevin Bracken (PA) Donald L. Callahan (KY) Robert A. Collins (NJ) Michael A. Craig (NC) Roderick E. Dean (NJ) Edward C. DeFrancesco (CT) Eugene N. Dirl (PA) Kevin F. Dykes (MA) Jonathan Eggers (MN) Richard L. Engle (KY) Christopher J. Frank (NY) Matthew E. Fry (KS) Gilbert N. Fugate (IN) Scott C. Garbiel (ME) Al Glover, Jr. (LA) Jimmy H. Goacher (NC) Jim B. Gonzalez (OR) William F. Hamann (KY) Nathaniel K. Hamilton (TX) Michael D. Henry (OH) Jon C. Hicks (PA) Kevin F. Hoffman (PA) Jerry A. Huffman (NC) Daurell A. Jones (MD) Jerry J. Klosterman (OH) Joseph E. Kolb (NY) Larry C. Krueger (NE) Chad M. Kuck (AK) Craig A. Lemponen (OH) Donald R. Leonard Jr. (NH) Matthew P. Ludwig (NY) Keith B. Masters (NH) Sandra R. Moultrie (GA) Jeffrey A. Olson (IA) Howard L. Peacock (KS) Chauncey W. Pittman (IN) Brandon C. Rhinehart (MD) James E. Richardson (NY) Gerald C. Rosencrans (PA) Henry J. Russo (NJ) Richard G. Schumann (NJ) Donald R. Sine, Jr. (WV) Jefferson L. Smith (MA) Troy T. Sunnarborg (MN) Dennis E. Taunton (ID) Phillip A. Trent (VA) Deborah D. Watson (MI) Ronnie C. Webb (MT) William R. White (MI) Curtis L. Worsfold (NE) Jason D. Zagorski (NC) The drivers were included in docket numbers FMCSA-2013-0191; FMCSA- 2015-0340. Their exemptions are applicable as of January 29, 2018, and will expire on January 29, 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 [[Page 6715]] 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 186 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. 2018-03047 Filed 2-13-18; 8:45 am] BILLING CODE 4910-EX-P
![6712 Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices
discussed in detail in the October 11, VI. Preemption DEPARTMENT OF TRANSPORTATION
2017 Federal Register notice (82 FR
During the period the exemption is in Federal Motor Carrier Safety
47301) and will not be repeated in this
effect, no State shall enforce any law or Administration
notice.
regulation that conflicts with this
These 27 applicants have had ITDM exemption with respect to a person [Docket No. FMCSA–2009–0290; FMCSA–
over a range of one to 63 years. These operating under the exemption. 2009–0289; FMCSA–2011–0300; FMCSA–
applicants report no severe 2013–0190; FMCSA–2013–0191; FMCSA–
hypoglycemic reactions resulting in loss VII. Conclusion 2015–0338; FMCSA–2015–0339; FMCSA–
2015–0340]
of consciousness or seizure, requiring Based upon its evaluation of the 27
the assistance of another person, or exemption applications, FMCSA Qualification of Drivers; Exemption
resulting in impaired cognitive function exempts the following drivers from the Applications; Diabetes
that occurred without warning diabetes requirement in 49 CFR
symptoms, in the past 12 months and no AGENCY: Federal Motor Carrier Safety
391.41(b)(10), subject to the
recurrent (two or more) severe Administration (FMCSA), DOT.
requirements cited above:
hypoglycemic episodes in the past five ACTION: Notice of renewal of
James J. Aden (MN) exemptions; request for comments.
years. In each case, an endocrinologist
verified that the driver has Serafim S. Amaral (CA)
SUMMARY: FMCSA announces its
demonstrated a willingness to properly John E. Biel (PA) decision to renew exemptions for 186
monitor and manage his/her diabetes Adam D. Comer (AR) individuals from its prohibition in the
mellitus, received education related to Timothy P. Conner (VA) Federal Motor Carrier Safety
diabetes management, and is on a stable Miguel P. Flores (WA) Regulations (FMCSRs) against persons
insulin regimen. These drivers report no with insulin-treated diabetes mellitus
other disqualifying conditions, Mark J. Fulks (IA)
(ITDM) from operating commercial
including diabetes related Daniel Gonzalez, III (TX) motor vehicles (CMVs) in interstate
complications. Each meets the vision Chad A. Hayden (IN) commerce. The exemptions enable these
requirement at 49 CFR 391.41(b)(10). Joseph F. Hubenka (NE) individuals with ITDM to continue to
Consequently, FMCSA finds that in Galen M. Hurd, III (SC) operate CMVs in interstate commerce.
each case exempting these applicants DATES: Each group of renewed
from the diabetes requirement in 49 CFR Edward S. Jacobs (MI) exemptions were applicable on the
391.41(b)(3) is likely to achieve a level Jason D. Jones (OK) dates stated in the discussions below
of safety equal to that existing without David M. Kelly (MD) and will expire on the dates stated in
the exemption. Robert A. Leboffe (PA) the discussions below. Comments must
be received on or before March 16, 2018.
V. Conditions and Requirements Tanner H. Littlefield (RI)
FOR FURTHER INFORMATION CONTACT: Ms.
Veneta K. Mayor (NV) Christine A. Hydock, Chief, Medical
The terms and conditions of the
Randy J. Nekuda (NE) Programs Division, 202–366–4001,
exemption are provided to the
applicants in the exemption document Thomas M. Reece (NC) fmcsamedical@dot.gov, FMCSA,
and includes the following: (1) Each Michael L. Rivera (NY) Department of Transportation, 1200
driver must submit a quarterly New Jersey Avenue SE, Room W64–224,
Gary L. Robbins (OR)
monitoring checklist completed by the Washington, DC 20590–0001. Office
Eddie Rodriguez, Jr. (TX) hours are from 8:30 a.m. to 5:30 p.m.,
treating endocrinologist as well as an
Erwin R. Rud (MN) e.t., Monday through Friday, except
annual checklist with a comprehensive
medical evaluation; (2) each driver must Diane L. Simmons (ID) Federal holidays. If you have questions
Russell Van Alphen (MA) regarding viewing or submitting
report within two business days of
material to the docket, contact Docket
occurrence, all episodes of severe Thomas C. Williams (KS) Services, telephone (202) 366–9826.
hypoglycemia, significant Glen E. Wray, Jr. (PA) ADDRESSES: You may submit comments
complications, or inability to manage
diabetes; also, any involvement in an In accordance with 49 U.S.C. 31136(e) bearing the Federal Docket Management
accident or any other adverse event in and 31315, each exemption will be valid System (FDMS) Docket No. FMCSA–
for two years from the effective date 2009–0290; FMCSA–2009–0289;
a CMV or personal vehicle, whether or
unless revoked earlier by FMCSA. The FMCSA–2011–0300; FMCSA–2013–
not it is related to an episode of
exemption will be revoked if the 0190; FMCSA–2013–0191; FMCSA–
hypoglycemia; (3) each driver must
following occurs: (1) The person fails to 2015–0338; FMCSA–2015–0339;
provide a copy of the ophthalmologist’s
comply with the terms and conditions FMCSA–2015–0340 using any of the
or optometrist’s report to the Medical
of the exemption; (2) the exemption has following methods:
Examiner at the time of the annual • Federal eRulemaking Portal: Go to
resulted in a lower level of safety than
medical examination; and (4) each http://www.regulations.gov. Follow the
was maintained prior to being granted;
driver must provide a copy of the online instructions for submitting
or (3) continuation of the exemption
annual medical certification to the comments.
would not be consistent with the goals
employer for retention in the driver’s and objectives of 49 U.S.C. 31136(e) and • Mail: Docket Management Facility;
daltland on DSKBBV9HB2PROD with NOTICES
qualification file, or keeping a copy in 31315. U.S. Department of Transportation, 1200
his/her driver’s qualification file if he/ New Jersey Avenue SE, West Building
she is self-employed. The driver must Issued on: February 7, 2018.
Ground Floor, Room W12–140,
also have a copy of the exemption when Larry W. Minor, Washington, DC 20590–0001.
driving, for presentation to a duly Associate Administrator for Policy. • Hand Delivery: West Building
authorized Federal, State, or local [FR Doc. 2018–03031 Filed 2–13–18; 8:45 am] Ground Floor, Room W12–140, 1200
enforcement official. BILLING CODE 4910–EX–P New Jersey Avenue SE, Washington,
VerDate Sep<11>2014 22:07 Feb 13, 2018 Jkt 244001 PO 00000 Frm 00206 Fmt 4703 Sfmt 4703 E:\FR\FM\14FEN1.SGM 14FEN1](https://thefederalregister.org/doc/83_FR_6743/page/1.svg)
![Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices 6715
annual checklist with a comprehensive ACTION: Notice of denials. III. Basis for Exemption Determination
medical evaluation; (2) each driver must Under 49 U.S.C. 31136(e) and 31315,
report within two business days of SUMMARY: FMCSA announces its
FMCSA may grant an exemption if it
occurrence, all episodes of severe decision to deny applications from 97
finds such an exemption would likely
hypoglycemia, significant individuals who requested an
achieve a level of safety that is
complications, or inability to manage exemption from the Federal Motor
equivalent to, or greater than, the level
diabetes; also, any involvement in an Carrier Safety Regulations (FMCSRs)
that would be achieved absent such an
accident or any other adverse event in prohibiting persons with insulin-treated
exemption.
a CMV or personal vehicle, whether or diabetes mellitus (ITDM) from operating The Agency’s decision regarding these
not it is related to an episode of a commercial motor vehicle (CMV) in exemption applications is based on the
hypoglycemia; (3) each driver must interstate commerce. eligibility criteria, the terms and
submit an annual ophthalmologist’s or FOR FURTHER INFORMATION CONTACT: Ms. conditions for Federal exemptions, and
optometrist’s report; and (4) each driver Christine A. Hydock, Chief, Medical an individualized assessment of each
must provide a copy of the annual Programs Division, (202) 366–4001, applicant’s medical information
medical certification to the employer for fmcsamedical@dot.gov, FMCSA, provided by the applicant.
retention in the driver’s qualification Department of Transportation, 1200
file, or keep a copy in his/her driver’s New Jersey Avenue SE, Room W64–224, IV. Conclusion
qualification file if he/she is self- Washington, DC 20590–0001. Office The Agency has determined that these
employed. The driver must also have a hours are from 8:30 a.m. to 5 p.m., e.t., applicants do not satisfy the criteria
copy of the exemption when driving, for Monday through Friday, except Federal eligibility or meet the terms and
presentation to a duly authorized holidays. If you have questions conditions of the Federal exemption and
Federal, State, or local enforcement regarding viewing or submitting granting these exemptions would not
official. The exemption will be material to the docket, contact Docket provide a level of safety that would be
rescinded if: (1) The person fails to Services, telephone (202) 366–9826. equivalent to or greater than, the level
comply with the terms and conditions of safety that would be obtained by
SUPPLEMENTARY INFORMATION:
of the exemption; (2) the exemption has complying with the regulation 49 CFR
resulted in a lower level of safety than I. Electronic Access 391.41(b)(3). Therefore, the 97
was maintained before it was granted; or applicants in this notice have been
(3) continuation of the exemption would You may see all the comments online
denied exemptions from the physical
not be consistent with the goals and through the Federal Document
qualification standards in 49 CFR
objectives of 49 U.S.C. 31136(e) and Management System (FDMS) at: http://
391.41(b)(3).
31315. www.regulations.gov.
Each applicant has, prior to this
Docket: For access to the docket to notice, received a letter of final
V. Preemption read background documents or disposition regarding his/her exemption
During the period the exemption is in comments, go to http:// request. Those decision letters fully
effect, no State shall enforce any law or www.regulations.gov and/or Room outlined the basis for the denial and
regulation that conflicts with this W12–140 on the ground level of the constitutes final action by the Agency.
exemption with respect to a person West Building, 1200 New Jersey Avenue This notice summarizes the Agency’s
operating under the exemption. SE, Washington, DC, between 9 a.m. and recent denials as required under 49
5 p.m., e.t., Monday through Friday, U.S.C. 31315(b)(4) by periodically
VI. Conclusion except Federal holidays. publishing names and reasons for
Based upon its evaluation of the 186 Privacy Act: In accordance with 5 denial.
exemption applications, FMCSA renews U.S.C. 553(c), DOT solicits comments The following 12 applicants met the
the exemptions of the aforementioned from the public to better inform its diabetes requirements of 49 CFR
drivers from the rule prohibiting drivers rulemaking process. DOT posts these 391.41(b)(3) and do not need an
with ITDM from driving CMVs in comments, without edit, including any exemption:
interstate commerce. In accordance with personal information the commenter Jerome E. Bembry (FL)
49 U.S.C. 31136(e) and 31315, each provides, to http://www.regulations.gov, Scott J. Blair (MI)
exemption will be valid for two years as described in the system of records Bryan D. Cash (MI)
unless revoked earlier by FMCSA. notice (DOT/ALL–14 FDMS), which can John C. Czar (PA)
Issued on: February 7, 2018. be reviewed at http://www.dot.gov/ James P. Despirito (PA)
Larry W. Minor, privacy. Lawrence Jackson (MO)
Associate Administrator for Policy. II. Background Curtis L. Jones (NY)
[FR Doc. 2018–03047 Filed 2–13–18; 8:45 am] Wesley A. McLaughlin (PA)
FMCSA received applications from 97 Francisco Paz (TX)
BILLING CODE 4910–EX–P
individuals who requested an Keith R. Smith (MN)
exemption from the FMCSRs Eloy O. Valdez (CA)
DEPARTMENT OF TRANSPORTATION prohibiting persons with ITDM from Matthew Windle (GA)
operating a CMV in interstate The following 55 applicants were not
Federal Motor Carrier Safety commerce. operating CMVs in interstate commerce:
Administration FMCSA has evaluated the eligibility Warren E. Akiona (WA)
daltland on DSKBBV9HB2PROD with NOTICES
of these applicants and concluded that Mohammed B. Alnounou (MI)
[Docket No. FMCSA–2018–0021] granting these exemptions would not Robert F. Aubert (IA)
Qualification of Drivers; Exemption provide a level of safety that would be David G. Barclay (PA)
Applications; Diabetes equivalent to or greater than, the level Roy E. Barticciotto (NY)
of safety that would be obtained by Lucrecia Bethea (NJ)
AGENCY:Federal Motor Carrier Safety complying with the regulation 49 CFR Michael A. Bogardus (NY)
Administration (FMCSA), DOT. 391.41(b)(3). Vincent F. Brewer (MI)
VerDate Sep<11>2014 22:07 Feb 13, 2018 Jkt 244001 PO 00000 Frm 00209 Fmt 4703 Sfmt 4703 E:\FR\FM\14FEN1.SGM 14FEN1](https://thefederalregister.org/doc/83_FR_6743/page/4.svg)
Document Created: 2018-02-14 03:59:35
Document Modified: 2018-02-14 03:59:35
| 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 March 16, 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., 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 Citation | 83 FR 6712 |
2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR