83_FR_6753 83 FR 6722 - Qualification of Drivers; Exemption Applications; Diabetes

83 FR 6722 - Qualification of Drivers; Exemption Applications; Diabetes

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

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

Page Range6722-6724
FR Document2018-03032

FMCSA announces its decision to renew exemptions for 53 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 6722-6724]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03032]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2009-0294; FMCSA-2011-0326; FMCSA-2011-0327; FMCSA-
2011-0367; FMCSA-2013-0192; FMCSA-2015-0340; FMCSA-2015-0341]


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 53 
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 System (FDMS) Docket No. FMCSA-2009-0294; FMCSA-2011-0326; 
FMCSA-2011-0327; FMCSA-2011-0367; FMCSA-2013-0192; FMCSA-2015-0340; 
FMCSA-2015-0341 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 53 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 53 applicants has satisfied the renewal conditions for obtaining an 
exemption from the diabetes requirement (74 FR 68092; 75 FR 8182; 76 FR 
78720; 76 FR 79756; 77 FR 533; 77 FR 5873; 77 FR 7232; 77 FR 10607; 78 
FR 78479; 79 FR 13086; 80 FR 81415; 81 FR 1281; 81 FR 1987; 81 FR 
36378; 81 FR 45213). 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

[[Page 6723]]

the month of February and are discussed below:
    As of February 1, 2018, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following three 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 81415; 81 FR 
45213): Douglas E. Hensley, (MO); John K. Moorhead, (KY); Hugh S. 
Wacker, (IL).
    The drivers were included in docket number FMCSA-2015-0340. Their 
exemptions are applicable as of February 1, 2018, and will expire on 
February 1, 2020.
    As of February 6, 2018, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following six individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (76 FR 79756; 77 FR 
5873; 81 FR 1281):

Howard A. Betz (OH)
Kevin J. Coppens (ME)
Frank H. Ford, Jr. (PA)
Daniel R. Harris (TX)
Joseph L. Owings (AL)
Jerry H. Small (NC)

    The drivers were included in docket number FMCSA-2011-0326. Their 
exemptions are applicable as of February 6, 2018, and will expire on 
February 6, 2020.
    As of February 10, 2018, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following two 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 78720; 77 FR 
7232; 81 FR 1281): Kenneth J. Hill, (OH); Frank E. Ray, (KS).
    The drivers were included in docket number FMCSA-2011-0327. Their 
exemptions are applicable as of February 10, 2018, and will expire on 
February 10, 2020.
    As of February 12, 2018, and in accordance with 49 U.S.C. 31136(e) 
and 31315, Guy B. Mayes (WA) has satisfied the renewal conditions for 
obtaining an exemption from the rule prohibiting drivers with ITDM from 
driving CMVs in interstate commerce. (78 FR 78479; 79 FR 13086; 81 FR 
1281).
    This driver was included in docket number FMCSA-2013-0192. The 
exemption is applicable as of February 12, 2018, and will expire on 
February 12, 2020.
    As of February 17, 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 1987; 81 FR 
36378):

Kevin D. Aaron (PA)
Juan Acevedo (FL)
Eugene O. Carr, Jr. (DE)
Tracy R. Clark (KY)
Jerry L. Coward (NC)
Wesley N. Cubby (NJ)
Michael G. Deschenes (MN)
James C. Detwiler (PA)
Jay E. Diller (PA)
Jose N. Escobar (MD)
Frank J. Gogno (PA)
Michael D. Hashem (MA)
George W. Hauck (LA)
Aseneka K. Igambi (TX)
Hayward G. Jinright (AL)
James S. Kauffman (PA)
Kevin M. Kemp (NJ)
Carlos A. Montano (NY)
Michael J. Payne (MD)
Christopher M. Seals (MS)
Robert Sienkiewicz (MI)
Craig A. Sines (OR)
Joel K. Spencer (AL)
Kendall W. Unruh (MO)
Daniel R. Vilart (WA)
Logan D. Yoder (IN)

    The drivers were included in docket number FMCSA-2015-0341. Their 
exemptions are applicable as of February 17, 2018, and will expire on 
February 17, 2020.
    As of February 22, 2018, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following ten individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (77 FR 533; 77 FR 
10607; 81 FR 1281):

Garry L. Camden (IN)
Loren A. Cox (NY)
Daryl F. Gilbertson (WI)
Alfred Gutierrez, II (OK)
Matthew D. Hulse (KS)
Neil Karvonen (WA)
Earl T. Morton, Jr. (VA)
Richard A. Norstebon (ND)
Donald J. Olbinski (IL)
Kevin E. Risley (IN)

    The drivers were included in docket number FMCSA-2011-0367. Their 
exemptions are applicable as of February 22, 2018, and will expire on 
February 22, 2020.
    As of February 24, 2018, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following five 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 68092; 75 FR 
8182; 81 FR 1281):

Daniel C. Druffel (WA)
Gregory J. Godley (WA)
Justin R. Henneinke (CA)
Richard L. Sulzberger (IL)
Dirk Vanstralen (CA)

    The drivers were included in docket number FMCSA-2009-0294. Their 
exemptions are applicable as of February 24, 2018, and will expire on 
February 24, 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 53 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.


[[Page 6724]]


    Issued on: February 7, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-03032 Filed 2-13-18; 8:45 am]
 BILLING CODE 4910-EX-P



                                               6722                      Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices

                                               exemption is in effect, no State shall                  0367; FMCSA–2013–0192; FMCSA–                         duration of a driver’s medical
                                               enforce any law or regulation applicable                2015–0340; FMCSA–2015–0341 using                      certification.
                                               to interstate commerce that conflicts                   any of the following methods:                            The physical qualification standard
                                               with or is inconsistent with this                          • Federal eRulemaking Portal: Go to                for drivers regarding diabetes found in
                                               exemption with respect to a firm or                     http://www.regulations.gov. Follow the                49 CFR 391.41(b)(3) states that a person
                                               person operating under the exemption.                   online instructions for submitting                    is physically qualified to drive a CMV
                                               States may, but are not required to,                    comments.                                             if that person has no established
                                               adopt the same exemption with respect                      • Mail: Docket Management Facility;                medical history or clinical diagnosis of
                                               to operations in intrastate commerce.                   U.S. Department of Transportation, 1200               diabetes mellitus currently requiring
                                                                                                       New Jersey Avenue SE, West Building                   insulin for control.
                                                 Issued on: February 8, 2018.
                                                                                                       Ground Floor, Room W12–140,                              The 53 individuals listed in this
                                               Cathy F. Gautreaux,                                     Washington, DC 20590–0001.                            notice have requested renewal of their
                                               Deputy Administrator.                                      • Hand Delivery: West Building                     exemptions from the diabetes standard
                                               [FR Doc. 2018–03033 Filed 2–13–18; 8:45 am]             Ground Floor, Room W12–140, 1200                      in 49 CFR 391.41(b)(3), in accordance
                                               BILLING CODE 4910–EX–P                                  New Jersey Avenue SE, Washington,                     with FMCSA procedures. Accordingly,
                                                                                                       DC, between 9 a.m. and 5 p.m., e.t.,                  FMCSA has evaluated these
                                                                                                       Monday through Friday, except Federal                 applications for renewal on their merits
                                               DEPARTMENT OF TRANSPORTATION                            Holidays.                                             and decided to extend each exemption
                                                                                                          • Fax: 1–202–493–2251.                             for a renewable two-year period.
                                               Federal Motor Carrier Safety                               Instructions: Each submission must
                                               Administration                                          include the Agency name and the                       II. Request for Comments
                                               [Docket No. FMCSA–2009–0294; FMCSA–                     docket number(s) for this notice. Note                   Interested parties or organizations
                                               2011–0326; FMCSA–2011–0327; FMCSA–                      that all comments received will be                    possessing information that would
                                               2011–0367; FMCSA–2013–0192; FMCSA–                      posted without change to http://                      otherwise show that any, or all, of these
                                               2015–0340; FMCSA–2015–0341]                             www.regulations.gov, including any                    drivers are not currently achieving the
                                                                                                       personal information provided. Please                 statutory level of safety should
                                               Qualification of Drivers; Exemption                     see the Privacy Act heading below for                 immediately notify FMCSA. The
                                               Applications; Diabetes                                  further information.                                  Agency will evaluate any adverse
                                               AGENCY: Federal Motor Carrier Safety                       Docket: For access to the docket to                evidence submitted and, if safety is
                                               Administration (FMCSA), DOT.                            read background documents or                          being compromised or if continuation of
                                                                                                       comments, go to http://                               the exemption would not be consistent
                                               ACTION: Notice of renewal of
                                                                                                       www.regulations.gov at any time or                    with the goals and objectives of 49
                                               exemptions; request for comments.
                                                                                                       Room W12–140 on the ground level of                   U.S.C. 31136(e) and 31315, FMCSA will
                                               SUMMARY:   FMCSA announces its                          the West Building, 1200 New Jersey                    take immediate steps to revoke the
                                               decision to renew exemptions for 53                     Avenue SE, Washington, DC, between 9                  exemption of a driver.
                                               individuals from its prohibition in the                 a.m. and 5 p.m., e.t., Monday through
                                                                                                                                                             III. Basis for Renewing Exemptions
                                               Federal Motor Carrier Safety                            Friday, except Federal holidays. The
                                               Regulations (FMCSRs) against persons                    FDMS is available 24 hours each day                      Under 49 U.S.C. 31315(b)(1), an
                                               with insulin-treated diabetes mellitus                  e.t., 365 days each year. If you want                 exemption may be granted for no longer
                                               (ITDM) from operating commercial                        acknowledgment that we received your                  than two years from its approval date
                                               motor vehicles (CMVs) in interstate                     comments, please include a self-                      and may be renewed upon application.
                                               commerce. The exemptions enable these                   addressed, stamped envelope or                        In accordance with 49 U.S.C. 31136(e)
                                               individuals with ITDM to continue to                    postcard or print the acknowledgement                 and 31315, each of the 53 applicants has
                                               operate CMVs in interstate commerce.                    page that appears after submitting                    satisfied the renewal conditions for
                                                                                                       comments online.                                      obtaining an exemption from the
                                               DATES: Each group of renewed
                                                                                                          Privacy Act: In accordance with 5                  diabetes requirement (74 FR 68092; 75
                                               exemptions were applicable on the                                                                             FR 8182; 76 FR 78720; 76 FR 79756; 77
                                                                                                       U.S.C. 553(c), DOT solicits comments
                                               dates stated in the discussions below                                                                         FR 533; 77 FR 5873; 77 FR 7232; 77 FR
                                                                                                       from the public to better inform its
                                               and will expire on the dates stated in                                                                        10607; 78 FR 78479; 79 FR 13086; 80 FR
                                                                                                       rulemaking process. DOT posts these
                                               the discussions below. Comments must                                                                          81415; 81 FR 1281; 81 FR 1987; 81 FR
                                                                                                       comments, without edit, including any
                                               be received on or before March 16, 2018.                                                                      36378; 81 FR 45213). They have
                                                                                                       personal information the commenter
                                               FOR FURTHER INFORMATION CONTACT: Ms.                    provides, to http://www.regulations.gov,              maintained their required medical
                                               Christine A. Hydock, Chief, Medical                     as described in the system of records                 monitoring and have not exhibited any
                                               Programs Division, 202–366–4001,                        notice (DOT/ALL–14 FDMS), which can                   medical issues that would compromise
                                               fmcsamedical@dot.gov, FMCSA,                            be reviewed at http://www.dot.gov/                    their ability to safely operate a CMV
                                               Department of Transportation, 1200                      privacy.                                              during the previous two-year exemption
                                               New Jersey Avenue SE, Room W64–224,                                                                           period. These factors provide an
                                               Washington, DC 20590–0001. Office                       I. Background                                         adequate basis for predicting each
                                               hours are from 8:30 a.m. to 5:30 p.m.,                     Under 49 U.S.C. 31136(e) and 31315,                driver’s ability to continue to drive
                                               e.t., Monday through Friday, except                     FMCSA may grant an exemption for five                 safely in interstate commerce.
                                               Federal holidays. If you have questions                 years if it finds ‘‘such exemption would              Therefore, FMCSA concludes that
                                               regarding viewing or submitting                         likely achieve a level of safety that is              extending the exemption for each of
daltland on DSKBBV9HB2PROD with NOTICES




                                               material to the docket, contact Docket                  equivalent to or greater than the level               these drivers for a period of two years
                                               Services, telephone (202) 366–9826.                     that would be achieved absent such                    is likely to achieve a level of safety
                                               ADDRESSES: You may submit comments                      exemption.’’ The statute also allows the              equal to that existing without the
                                               bearing the Federal Docket Management                   Agency to renew exemptions at the end                 exemption.
                                               System (FDMS) Docket No. FMCSA–                         of the five-year period. FMCSA grants                    In accordance with 49 U.S.C. 31136(e)
                                               2009–0294; FMCSA–2011–0326;                             exemptions from the FMCSRs for a two-                 and 31315, the following groups of
                                               FMCSA–2011–0327; FMCSA–2011–                            year period to align with the maximum                 drivers received renewed exemptions in


                                          VerDate Sep<11>2014   22:07 Feb 13, 2018   Jkt 244001   PO 00000   Frm 00216   Fmt 4703   Sfmt 4703   E:\FR\FM\14FEN1.SGM   14FEN1


                                                                         Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices                                            6723

                                               the month of February and are                           obtaining an exemption from the rule                  Justin R. Henneinke (CA)
                                               discussed below:                                        prohibiting drivers with ITDM from                    Richard L. Sulzberger (IL)
                                                 As of February 1, 2018, and in                        driving CMVs in interstate commerce
                                               accordance with 49 U.S.C. 31136(e) and                  (81 FR 1987; 81 FR 36378):                            Dirk Vanstralen (CA)
                                               31315, the following three individuals                  Kevin D. Aaron (PA)                                     The drivers were included in docket
                                               have satisfied the renewal conditions for               Juan Acevedo (FL)                                     number FMCSA–2009–0294. Their
                                               obtaining an exemption from the rule                    Eugene O. Carr, Jr. (DE)                              exemptions are applicable as of
                                               prohibiting drivers with ITDM from                      Tracy R. Clark (KY)                                   February 24, 2018, and will expire on
                                               driving CMVs in interstate commerce                     Jerry L. Coward (NC)                                  February 24, 2020.
                                               (80 FR 81415; 81 FR 45213): Douglas E.                  Wesley N. Cubby (NJ)
                                               Hensley, (MO); John K. Moorhead, (KY);                  Michael G. Deschenes (MN)                             IV. Conditions and Requirements
                                               Hugh S. Wacker, (IL).                                   James C. Detwiler (PA)
                                                 The drivers were included in docket                   Jay E. Diller (PA)                                       The exemptions are extended subject
                                               number FMCSA–2015–0340. Their                           Jose N. Escobar (MD)                                  to the following conditions: (1) Each
                                               exemptions are applicable as of                         Frank J. Gogno (PA)                                   driver must submit a quarterly
                                               February 1, 2018, and will expire on                    Michael D. Hashem (MA)                                monitoring checklist completed by the
                                               February 1, 2020.                                       George W. Hauck (LA)                                  treating endocrinologist as well as an
                                                 As of February 6, 2018, and in                        Aseneka K. Igambi (TX)                                annual checklist with a comprehensive
                                               accordance with 49 U.S.C. 31136(e) and                  Hayward G. Jinright (AL)                              medical evaluation; (2) each driver must
                                               31315, the following six individuals                    James S. Kauffman (PA)                                report within two business days of
                                               have satisfied the renewal conditions for               Kevin M. Kemp (NJ)                                    occurrence, all episodes of severe
                                               obtaining an exemption from the rule                    Carlos A. Montano (NY)                                hypoglycemia, significant
                                               prohibiting drivers with ITDM from                      Michael J. Payne (MD)                                 complications, or inability to manage
                                               driving CMVs in interstate commerce                     Christopher M. Seals (MS)                             diabetes; also, any involvement in an
                                               (76 FR 79756; 77 FR 5873; 81 FR 1281):                  Robert Sienkiewicz (MI)                               accident or any other adverse event in
                                               Howard A. Betz (OH)                                     Craig A. Sines (OR)                                   a CMV or personal vehicle, whether or
                                               Kevin J. Coppens (ME)                                   Joel K. Spencer (AL)                                  not it is related to an episode of
                                               Frank H. Ford, Jr. (PA)                                 Kendall W. Unruh (MO)                                 hypoglycemia; (3) each driver must
                                               Daniel R. Harris (TX)                                   Daniel R. Vilart (WA)                                 submit an annual ophthalmologist’s or
                                               Joseph L. Owings (AL)                                   Logan D. Yoder (IN)                                   optometrist’s report; and (4) each driver
                                               Jerry H. Small (NC)                                       The drivers were included in docket                 must provide a copy of the annual
                                                 The drivers were included in docket                   number FMCSA–2015–0341. Their                         medical certification to the employer for
                                               number FMCSA–2011–0326. Their                           exemptions are applicable as of                       retention in the driver’s qualification
                                               exemptions are applicable as of                         February 17, 2018, and will expire on                 file, or keep a copy in his/her driver’s
                                               February 6, 2018, and will expire on                    February 17, 2020.                                    qualification file if he/she is self-
                                               February 6, 2020.                                         As of February 22, 2018, and in                     employed. The driver must also have a
                                                 As of February 10, 2018, and in                       accordance with 49 U.S.C. 31136(e) and                copy of the exemption when driving, for
                                               accordance with 49 U.S.C. 31136(e) and                  31315, the following ten individuals                  presentation to a duly authorized
                                               31315, the following two individuals                    have satisfied the renewal conditions for             Federal, State, or local enforcement
                                               have satisfied the renewal conditions for               obtaining an exemption from the rule                  official. The exemption will be
                                               obtaining an exemption from the rule                    prohibiting drivers with ITDM from                    rescinded if: (1) The person fails to
                                               prohibiting drivers with ITDM from                      driving CMVs in interstate commerce                   comply with the terms and conditions
                                               driving CMVs in interstate commerce                     (77 FR 533; 77 FR 10607; 81 FR 1281):                 of the exemption; (2) the exemption has
                                               (76 FR 78720; 77 FR 7232; 81 FR 1281):                  Garry L. Camden (IN)                                  resulted in a lower level of safety than
                                               Kenneth J. Hill, (OH); Frank E. Ray,                    Loren A. Cox (NY)                                     was maintained before it was granted; or
                                               (KS).                                                   Daryl F. Gilbertson (WI)                              (3) continuation of the exemption would
                                                 The drivers were included in docket                   Alfred Gutierrez, II (OK)                             not be consistent with the goals and
                                               number FMCSA–2011–0327. Their                           Matthew D. Hulse (KS)                                 objectives of 49 U.S.C. 31136(e) and
                                               exemptions are applicable as of                         Neil Karvonen (WA)                                    31315.
                                               February 10, 2018, and will expire on                   Earl T. Morton, Jr. (VA)
                                               February 10, 2020.                                      Richard A. Norstebon (ND)                             V. Preemption
                                                 As of February 12, 2018, and in                       Donald J. Olbinski (IL)
                                                                                                       Kevin E. Risley (IN)                                     During the period the exemption is in
                                               accordance with 49 U.S.C. 31136(e) and                                                                        effect, no State shall enforce any law or
                                               31315, Guy B. Mayes (WA) has satisfied                    The drivers were included in docket
                                                                                                       number FMCSA–2011–0367. Their                         regulation that conflicts with this
                                               the renewal conditions for obtaining an
                                                                                                       exemptions are applicable as of                       exemption with respect to a person
                                               exemption from the rule prohibiting
                                                                                                       February 22, 2018, and will expire on                 operating under the exemption.
                                               drivers with ITDM from driving CMVs
                                               in interstate commerce. (78 FR 78479;                   February 22, 2020.                                    VI. Conclusion
                                               79 FR 13086; 81 FR 1281).                                 As of February 24, 2018, and in
                                                 This driver was included in docket                    accordance with 49 U.S.C. 31136(e) and                  Based upon its evaluation of the 53
                                               number FMCSA–2013–0192. The                             31315, the following five individuals                 exemption applications, FMCSA renews
daltland on DSKBBV9HB2PROD with NOTICES




                                               exemption is applicable as of February                  have satisfied the renewal conditions for             the exemptions of the aforementioned
                                               12, 2018, and will expire on February                   obtaining an exemption from the rule                  drivers from the rule prohibiting drivers
                                               12, 2020.                                               prohibiting drivers with ITDM from                    with ITDM from driving CMVs in
                                                 As of February 17, 2018, and in                       driving CMVs in interstate commerce                   interstate commerce. In accordance with
                                               accordance with 49 U.S.C. 31136(e) and                  (74 FR 68092; 75 FR 8182; 81 FR 1281):                49 U.S.C. 31136(e) and 31315, each
                                               31315, the following 26 individuals                     Daniel C. Druffel (WA)                                exemption will be valid for two years
                                               have satisfied the renewal conditions for               Gregory J. Godley (WA)                                unless revoked earlier by FMCSA.


                                          VerDate Sep<11>2014   22:07 Feb 13, 2018   Jkt 244001   PO 00000   Frm 00217   Fmt 4703   Sfmt 4703   E:\FR\FM\14FEN1.SGM   14FEN1


                                               6724                      Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices

                                                 Issued on: February 7, 2018.                          exemption from the vision standard in                 Rick L. Evans (TX)
                                               Larry W. Minor,                                         the FMCSRs.                                           Cristofer C. Ford (GA)
                                               Associate Administrator for Policy.                       FMCSA has evaluated the eligibility                 Yonas N. Gevrestadic (WA)
                                               [FR Doc. 2018–03032 Filed 2–13–18; 8:45 am]             of these applicants and concluded that                Angelo X. Guerrero (IN)
                                               BILLING CODE 4910–EX–P
                                                                                                       granting these exemptions would not                   Robert L. Irvin (NM)
                                                                                                       provide a level of safety that would be               Saul E. Juarez (AZ)
                                                                                                       equivalent to or greater than, the level              Eric S. Kelley (NM)
                                               DEPARTMENT OF TRANSPORTATION                            of safety that would be obtained by                   Steven P. Kemper (NY)
                                                                                                       complying with the regulation 49 CFR                  Mark A. Kuhn (ND)
                                               Federal Motor Carrier Safety                            391.41(b)(10).                                        Damian T. Leak (SC)
                                               Administration                                                                                                Billy C. Mosley (NC)
                                                                                                       III. Basis for Exemption Determination                Lance C. Pepper (AL)
                                               [Docket No. FMCSA–2018–0005]                               Under 49 U.S.C. 31136(e) and 31315,                James L. Pugh (AL)
                                                                                                       FMCSA may grant an exemption if it                    Chad Quandelacy (NM)
                                               Qualification of Drivers; Exemption                     finds such an exemption would likely                  Michael L. Randazzo (NJ)
                                               Applications; Vision                                    achieve a level of safety that is                     Bill D. Redington (MD)
                                               AGENCY: Federal Motor Carrier Safety                    equivalent to, or greater then, the level             Jabrey M. Scott (MO)
                                               Administration (FMCSA), DOT.                            that would be achieved absent such an                 Rachael Shoriwa (MO)
                                                                                                       exemption.                                            Justice C. Small (IL)
                                               ACTION: Notice of denials.
                                                                                                          The Agency’s decision regarding these              Noah M. Taylor (IL)
                                               SUMMARY:   FMCSA announces its                          exemption applications is based on the                Derrick B. Thompson (AR)
                                               decision to deny applications from 136                  eligibility criteria, the terms and                   Antonio D. Turner (MS)
                                               individuals who requested an                            conditions for Federal exemptions, and                Curt D. Vernon (MO)
                                               exemption from the vision standard in                   an individualized assessment of each                  Kristina M. Walters (PA)
                                               the Federal Motor Carrier Safety                        applicant’s medical information                       Briana R. Wells (MS)
                                               Regulations (FMCSRs) to operate a CMV                   provided by the applicant.                            Bryon C. Westrup (SD)
                                               in interstate commerce.                                                                                       Daniel J. Wilcox (WA)
                                                                                                       IV. Conclusion
                                                                                                                                                             Tony Wilkerson (NC)
                                               FOR FURTHER INFORMATION CONTACT: Ms.
                                                                                                          The Agency has determined that these               Billy J. Williams (SC)
                                               Christine A. Hydock, Chief, Medical                     applicants do not satisfy the criteria                John P. Young (VA)
                                               Programs Division, (202) 366–4001,                      eligibility or meet the terms and                     John J. Zalusky (TX)
                                               fmcsamedical@dot.gov, FMCSA,                            conditions of the Federal exemption and                  The following 18 applicants did not
                                               Department of Transportation, 1200                      granting these exemptions would not                   have 3 years of experience driving a
                                               New Jersey Avenue SE, Room W64–224,                     provide a level of safety that would be               CMV on public highways with their
                                               Washington, DC 20590–0001. Office                       equivalent to or greater than, the level              vision deficiencies:
                                               hours are from 8:30 a.m. to 5 p.m. ET,                  of safety that would be obtained by
                                               Monday through Friday, except Federal                                                                         Donald F. Arteaga, III (CA)
                                                                                                       complying with the regulation 49 CFR                  Melton L. Brackens (TX)
                                               holidays.                                               391.41(b)(10). Therefore, the 136                     Brian Escobedo (IL)
                                               SUPPLEMENTARY INFORMATION:                              applicants in this notice have been                   Walter L. Hill (OK)
                                               I. Electronic Access                                    denied exemptions from the physical                   Chelsie L. Knight (MI)
                                                                                                       qualification standards in 49 CFR                     Robert A. Lacavich (MO)
                                                  You may see all the comments online                  391.41(b)(10).                                        Anthony A. Medina (NM)
                                               through the Federal Document                               Each applicant has, prior to this                  Russell R. Michel (TX)
                                               Management System (FDMS) at: http://                    notice, received a letter of final                    Scott R. Mogged (IL)
                                               www.regulations.gov.                                    disposition regarding his/her exemption               Sidney N. Nyberg (MN)
                                                  Docket: For access to the docket to                  request. Those decision letters fully                 Ronald J. Schmidt (MN)
                                               read background documents or                            outlined the basis for the denial and                 Harry M. Shaw (PA)
                                               comments, go to http://                                 constitute final action by the Agency.                Willis D. Smith (AR)
                                               www.regulations.gov and/or Room                         This notice summarizes the Agency’s                   Randy L. Statler (MO)
                                               W12–140 on the ground level of the                      recent denials as required under 49                   Shane C. Stine (WA)
                                               West Building, 1200 New Jersey Avenue                   U.S.C. 31315(b)(4) by periodically                    Tristen M. Trujillo (WY)
                                               SE, Washington, DC, between 9 a.m. and                  publishing names and reasons for                      James A. Walker (AR)
                                               5 p.m. ET, Monday through Friday,                       denial.                                               Gregory L. Wishmeyer (IA)
                                               except Federal holidays.                                   The following 45 had no experience
                                                  Privacy Act: In accordance with 5                                                                             The following 13 applicants did not
                                                                                                       operating a CMV:                                      have 3 years of recent experience
                                               U.S.C. 553(c), DOT solicits comments                    Rodney B. Allen (RI)
                                               from the public to better inform its                                                                          driving a CMV with the vision
                                                                                                       Cipriano P. Andrada (NJ)                              deficiency:
                                               rulemaking process. DOT posts these                     Brandon F. Beck (IL)
                                               comments, without edit, including any                   Charles Berry (CA)                                    Kevin D. Archibald (IL)
                                               personal information the commenter                      Tomas C. Bowen (TX)                                   Leroy Bennett (GA)
                                               provides, to http://www.regulations.gov,                Jakob T. Boyd (NY)                                    Michael A. Cassella (NJ)
                                               as described in the system of records                   Kurt T. Buckler (MD)                                  Steven Edwards (NM)
daltland on DSKBBV9HB2PROD with NOTICES




                                               notice (DOT/ALL–14 FDMS), which can                     Devin A. Cooper (MD)                                  Issac L. Flowers (AL)
                                               be reviewed at http://www.dot.gov/                      Camden J. Crevier (SD)                                James J. Fourcher (UT)
                                               privacy.                                                Adam J. Crull (WA)                                    Patricia J. Martin (OR)
                                                                                                       Robert L. Cruz (TX)                                   Kim A. Pitts (IN)
                                               II. Background                                                                                                Philip L. Segrave (NC)
                                                                                                       Gill Dailey (GA)
                                                 FMCSA received applications from                      Jirrell D. Dawson (IL)                                Sherwood W. Swick (ID)
                                               136 individuals who requested an                        William A. Dickinson (WA)                             Delano H. Welch (NJ)


                                          VerDate Sep<11>2014   22:07 Feb 13, 2018   Jkt 244001   PO 00000   Frm 00218   Fmt 4703   Sfmt 4703   E:\FR\FM\14FEN1.SGM   14FEN1



Document Created: 2018-02-14 03:59:00
Document Modified: 2018-02-14 03:59:00
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 6722 

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