[Federal Register Volume 83, Number 31 (Wednesday, February 14, 2018)]
[Notices]
[Pages 6697-6698]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03069]


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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2007-27801; FMCSA-2007-28536; FMCSA-2008-0175; FMCSA-
2008-0267; FMCSA-2009-0207; FMCSA-2011-0192; FMCSA-2013-0181; FMCSA-
2013-0182]


Qualification of Drivers; Exemption Applications; Diabetes

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

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA announces its decision to renew exemptions for 99 
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.

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.

SUPPLEMENTARY INFORMATION:

I. Electronic Access

    You may see all the comments online through the Federal Document 
Management System (FDMS) at: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or 
comments, go to http//www.regulations.gov and/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.
    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.

II. Background

    On November 27, 2017, FMCSA published a notice announcing its 
decision to renew exemptions for 99 individuals from the insulin-
treated diabetes mellitus prohibition in 49 CFR 391.41(b)(3) to operate 
a CMV in interstate commerce and requested comments from the public (82 
FR 56111). The public comment period ended on December 27, 2017, and no 
comments were received.
    As stated in the previous notice, FMCSA has evaluated the 
eligibility of these applicants and determined that renewing these 
exemptions would achieve a level of safety equivalent to or greater 
than the level that would be achieved by complying with the current 
regulation 49 CFR 391.41(b)(3).
    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.

III. Discussion of Comments

    FMCSA received no comments in this preceding.

IV. Conclusion

    Based upon its evaluation of the 99 renewal exemption applications 
and comments received, FMCSA confirms its' decision to exempt the 
following drivers from the rule prohibiting drivers with ITDM from 
driving CMVs in interstate commerce in 49 CFR 391.64(3):
    In accordance with 49 U.S.C. 31136(e) and 31315, the following 
groups of drivers received renewed exemptions in the month of October 
and are discussed below:
    As of October 3, 2017, 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 47291; 76 FR 
61139):

Michael J. Alexander (MO)
Dean A. Chamberlin (NE)
Ronald D. Fatka (IA)
Frank B. Hernandez (MN)
Dale A. Iverson (UT)
John H. Krastel, Jr. (MD)
Edward Linhart (MA)
Larry D. Matson (MT)
David W. Payne (KS)
Jim B. Robertson II (KY)
Donald M. Rush, Jr. (GA)
Barry A. Sircy (KY)
John S. Starchevich (IA)
Michael B. Tortora (VT)
Charlotte C. Watson (CA)
Shaun M. Wheeler (CT)

    The drivers were included in docket number FMCSA-2011-0192. Their 
exemptions are applicable as of October 3, 2017, and will expire on 
October 3, 2019.
    As of October 15, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 43 individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (72 FR 45480; 72 FR 
58360; 73 FR 45519; 73 FR 61188; 78 FR 50486; 78 FR 65031):

Scott M. Aitcheson (MI)
Robert V. Balmes (IL)
Kenneth M. Brinker (SD)
Daniel A. Brown (IN)
Floyd G. Burbach (SD)
Frederick J. Caldarelli III (KS)
Jay P. Cave (IL)
William J. Compton (MI)
Brian R. Current (IA)
Mark A. Davis (AR)
Todd J. Donnelly (IA)
Carmine J. Fossile (MA)
Steven M. French (MI)
Philip P. Gray (VA)
John L. Hansen (MT)
Michael G. Harp (OK)
Darin D. Harries (MN)
James M. Holland (WA)
William E. Hollowell (MI)
Matthew S. Hooker (IN)
Cindy L. Hushin-Brink (PA)
Gregory A. Iverson (IA)
Bradley M. Johnson (ID)
Mark A. Jones (WI)
Michael J. Keating (IL)
Richard D. Knoche (IL)
Jonathan D. Koehn (NE)
Edward M. Mason (KY)
Harold W. McCullough (NE)
Kurt V. Miller (IL)
Tyree L. Murdock II (FL)
Thomas L. Nesbit (PA)
Richard Rodriguez (KS)
Scott D. Schultz (MN)
Mark W. Seem (IN)

[[Page 6698]]

Marvin R. Shipman (GA)
Chris W. Smaltz (AZ)
Randy E. Veit (IL)
Edwin C.E. Whitcomb (ND)
Steven S. Whitt, Sr. (MO)
Derek J. Wright (AL)
Donald W. Yeager (PA)
Mick B. Zoske (IA)

    The drivers were included in docket numbers FMCSA-2007-27801; 
FMCSA-2008-0175; FMCSA-2013-0182. Their exemptions are applicable as of 
October 15, 2017, and will expire on October 15, 2019.
    As of October 18, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, Justin R. Freeman (ID) has satisfied the renewal conditions 
for obtaining an exemption from the rule prohibiting drivers with ITDM 
from driving CMVs in interstate commerce (78 FR 38435; 78 FR 63294).
    This driver was included in docket number FMCSA-2013-0181. The 
exemption is applicable as of October 18, 2017, and will expire on 
October 18, 2019.

    As of October 19, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following nine individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (72 FR 50442; 72 FR 
59332; 74 FR 41486; 74 FR 53583):

Jim E. Chester (IN)
Blaine H. Holmes (UT)
James R. Hudson (AZ)
Roger L. Kaufman (KY)
Clifford L. Rayl (IN)
Steven J. Shaw (NV)
Scott L. Stamstad (WI)
Kendell R. Strassman (WI)
Maurice L. Wedel (KS)

    The drivers were included in docket numbers FMCSA-2007-28536; 
FMCSA-2009-0207. Their exemptions are applicable as of October 19, 
2017, and will expire on October 19, 2019.
    As of October 22, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following nine individuals have satisfied the renewal 
conditions for obtaining an exemption from the rule prohibiting drivers 
with ITDM from driving CMVs in interstate commerce (73 FR 52451; 73 FR 
63041):

Michael B. Bennington, Sr. (PA)
Larry J. Eischens (SD)
David J. Hanzl (NY)
Thomas R. Jones (OH)
John G. Schaible, Jr. (NY)
Rory J. Seleman (IL)
Chase M. Wells (NY)
Laurie E. White (NY)
Craig E. Wolf (IL)

    The drivers were included in docket number FMCSA-2008-0267. Their 
exemptions are applicable as of October 22, 2017, and will expire on 
October 22, 2019.
    As of October 23, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following 13 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 38435; 78 FR 
63294):

Craig W. Blackner (UT)
John L. Fischer (ND)
Douglas E. Gibbs (TX)
Clarence H. Holliman Jr. (MS)
Tracy S. Johnson (FL)
Chad D. Labonte (ID)
Jason J. Marks (LA)
Keith R. McKeever (PA)
Alberto Ramirez (CA)
Brian S. Ruth (AK)
Ronald S. Smith (NJ)
Lawrence E. Starks, Sr. (IN)
Calvin C. Wallingford (NY)

    The drivers were included in docket number FMCSA-2013-0181. Their 
exemptions are applicable as of October 23, 2017, and will expire on 
October 23, 2019.
    As of October 28, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, Ricky A. Root (IL) has satisfied the renewal conditions for 
obtaining an exemption from the rule prohibiting drivers with ITDM from 
driving CMVs in interstate commerce (78 FR 50486; 78 FR 65031).
    This driver was included in docket number FMCSA-2013-0182. The 
exemption is applicable as of October 28, 2017, and will expire on 
October 28, 2019.
    As of October 30, 2017, and in accordance with 49 U.S.C. 31136(e) 
and 31315, the following seven 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 50486; 78 FR 
65031):

Peter Engel (PA)
Jhon A. Fitzgerald (ME)
Lewis E. Forrester (PA)
Ray Harrison (MD)
Charles LaBruno (PA)
Shawn E. Marks (PA)
Donald G. Staggs (CA)

    The drivers were included in docket number FMCSA-2013-0182. Their 
exemptions are applicable as of October 30, 2017, and will expire on 
October 30, 2019.
    In accordance with 49 U.S.C. 31315, each exemption will be valid 
for two years from the effective date unless revoked earlier by FMCSA. 
The exemption will be revoked if the following occurs: (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 
prior to being granted; or (3) continuation of the exemption would not 
be consistent with the goals and objectives of 49 U.S.C. 31136 and 
31315.

    Issued on: February 7, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-03069 Filed 2-13-18; 8:45 am]
 BILLING CODE 4910-EX-P