[Federal Register Volume 83, Number 31 (Wednesday, February 14, 2018)]
[Notices]
[Pages 6722-6724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03032]


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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.

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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